V. v> N^ .^^'%. ■r. <^-0^ c^ --^^ •j^'. ^V^' ^'./ <'<-.\V > -^r. ..o-"--^. .0 ^/ ■x^^-^ o > ^ " 0^ . MINUTES PROVINCIAL COUNCIL PENNSYLVANIA, FROM THE ORGANIZATION TO THE TERMINATION OF THE PROPRIETARY GOVERNMENT. PUBLISHED BY THE STATE, VOL. IX. CONTAINING THE PROCEEDINGS OP COUNCIL FROM OCTOBER 15tH,. 1762, TO 17th or October, 1771, both days included. HARRISBURG : PRINTED BY THEO. FENN k CO. 1852. ^/? i -t CONTENTS. Acts to enable owners of Marsh meadow to embank, 3, 12, 138, 245; for regulating of apprentices, 18; to erect a Court House at Easton, 17, 23, 325 ; to remove nuisances in the city of Philadel- phia, 22 ; concerning cattle trespassing, 23; to erect a light house near Cape Henlopen, 198, 295 ; to pave the streets of Philadel- phia, 57, 243, 247, 296; prohibiting the selling powder to the Indians, 63 ; to grant His Majesty £24,000 for the defence of the Province, 63, 197, 198 ; to grant £55,000, 325 ; touching taking lands into execution for debt, 147, 148, 160 ; for regu- lating the militia, 151 ; for the better settling of estates, 153, 161; to pay £10,947 sterling to several colonies in America, 160, 177 ; for suppressing idleness, drunkenness, and debaucheries, &e., 166, 169 ; to appoint new Trustees for the several Loan Offices, 168 ; to regulate the hire of carriages employed in His Majesty's service, 184 ; to raise by lottery money to finish several churches, 243, 294, 326, 360, 369, 390, 392, 567, 576, 579, 580 ; to prohibit the importation of G-ermans in too great numbers, 248 ; to enable the people of Lancaster to raise a night-watch, 285, 296 ; for the relief and support of the poor in Philadelphia, 293 ; duty on imported negroes, 446, 472 ; to organize a company to insure houses, 447 ; forming a society for the relief of poor, superanuated shipmasters, 566. Address from the Assembly to Gov. Penn, 97, 167; from the Council to the King, 315 ; from the Conestogo Indians to Pcnn, 88 ; from the frontier settlers to the Assembly, 138. Amherst, Gen., letters from, to Gov. Hamilton, 34, 35, 62, 77. Advertisement issued from certain rioters in Peters township, Cum- berland county, 271. Annual charge to support the government of Pennsylvania, 381. Armstrong, John, letters from, to Gov. Penn, 444, 448, 461, 484 ; he is charged with having opposed the apprehension of F. Stump, 495, 510, 511, 512. Allen, John, appointed to hold a conference with the Indians at Fort Pitt, 493. iv CONTENTS. Articles of Capitulation between the Proprietaries of Pennsylvania and Connecticut clairoants, &c., 771. B. Barret, Lemuel, informs Gov. Penn of the massacre of a Mo- hawk Indian, 304. Beaver, King, his address, 233. Bedford county erected, 730. Bill authorizing the striking small bills of credit, 71 ; to regulate Indian trade, 25; to grant His Majesty £55,000, 152. Bias Antonio, Her^andes, Factor, his petition, 25. Blair, William, his letter to Gov. Penn, 341. Blight, William, his deposition touching F. Stump murdering In- dians on Middle creek, 414. Boundary line, to settle between Pennsylvania and neighboring colonies, 545, 559. Bradstreet, John, his letters to Gov. Penn, 193, 194, 196.. Bounty offered for Indian scalps, 189. Brown, Peter, murdered by the Indians, 469, 521. Bull, William, his letter to Gov. Hamilton, 775. Burd and others, appointed Commissioners touching Connecticut claims, 59; Instructions to him from Gov. Penn, 61. G. Callender, Robert, his letter to BayHton and others, 302. Carlisle, troops at, ordered to Lancaster city, 118. Clayton, Ashur, his Deposition, 767. Connecticut, claimants and Intruders on lands at Wyoming, on the Susquehanna, 7, 27, 29, 59, 60, 61, 569, 572, 573, 574. 575. 583,^585,588,608,623, 663, 664,674, 679, 682, 710,' 711, 715, 716, 747, 748, 751, 752, 753, 755, 756, 758, 767, 771, 777, 779. ■Commissioners and assessors of Philadelphia ; letter from to Gov. Penn, on taxation, 240. Colden, Cadwallader, letter from to Gov. Penn, 656. Ccnestoga Indians, address from to Gov. Penn, 89. murdered by the " Paxtonians ;" incidental notices touching the same 89, 92, 94, 95, 100, 101, 102, 103, 104, 105, 107, 112, 113, 121, 122, 123, 125, 127, 128, 129. 132, 133, 135, 137, 142, 170, 409, 431, 479, 683. CONTENTS. T Conway, Right Honorable, his letter to Gov. Penn, 298 ; letters to Gov. Penn, 298, 309, 310 ; letter to from Penn, 299. Croghan, George, his letter to Gov. Penn, 249 ; his Journal of Transactions at Fort Pitt, 250, 264, 322 ; letter to Gen. Gage, 223. Cunningham, James, his deposition touching F. Stump, 450. D. Declaration of the injured frontier settlers, 142, 146. Depredations by hostile Indians, upon frontier settlers and other.g, 31, 32, 33, 35, 43, 44, 64, 66, 68, 191. Dick, John, his letter to Gov. Hamilton, 753. Dyson's letter touching troops, 49. E. Earl of Egremont, his letters to Gov. Hamilton, 13, 15, 18. Earl of Hillsborough, letters of to Gov. Penn, 547, 637. 706, 761, F. Faquire, Gov. of Virginia, his letter to G^v. Penn, 349. Fincher, John, killed by the Indians, 44. Fort George, in New York, Council held at, 121. Forster, Thomas, heads a mob of twenty-five, assaults Sheriff and jurors, 335. Franklin, Gov. of New Jersey, John Penn's letter to him, 113. Frontiers, provision made for their protection, 36, 43. Funds in Pennsylvania, observations respecting, 382. G. Gage, Gen. his letters to Gov. Penn, 88, 90, 118, 119, 170, 238, 266, 267, 281, 292, 300, 307, 318, 319, 321, 403, 422, 443, 665, 582. orders to the commanding officer at Carlisle, 118. Germans, Act prohibiting importation of, in too great numbers, 248. Gibson, James presents to the Assembly a Remonstrance from the frontier settlers, 138. Gordon, Lewis, his letter to Gov. Penn, 572 ; to Gov. Hamiltoa 752, 755. Grant, Lieut, letter to from Gov PenUj 274^ ji CONTENTS. H. Halifax, Eael of, his letter to Gov. Penn, 114. Harrig, John, member of the Proprietary's & Governor's council, 235. Hockley, Richard, his petition to Gov. Penn, 178. Holmes, John, his letter to Gov. Penn, 436. Hostilities between the Indians and English cease, 265. Hubler, Frantz, wounded, his wife and three children carried off by the Indians, 44. Indians killed, 89, 470, 479, 501, 663. Indian nations incidentally mentioned ; names occurring frequently j Nanticokes, 45, Tuscaroras, 46, Oneidas, 46, Delawares, 46, Six Nations, 44, Munseys, 46, Wighalouisin, 45, Onondagoes, 46, Conoys, 46, Mohickons, 46, Sandusky Hurons, 195, Shawanese, 196, VVyandots, 210, Mingoes, 216, Ottowas, 219, Turtle Tribe, 226, Cocknewagas, 221, Turkey Tribe, 226, Twightwees, 251, Senecas, 256, Seven Nations, 496. Ironcutter, John, rescued at Carlisle, 450, 451, 485, 488. Insurance Association, 447. Intruders upon Indian lands, 481. Instructions to Burd and McKee touching Connecticut claimant? and Intruders, 29, 61. to Gov. Hamilton from King George, 60 ; to Gov. Penn, 321. J. Johnson, Sir William, his letters to Amherst, 35 ; to Gov. Penn. 189, 412, 495; letters to him, 105, 110, 137, 306, 424, 469. K. Kendal, Benjamin, his deposition touching Conestogo Indians be- ing murdered, 126. Keyashuta's address to the Shawanese, 233. Ledlie, Andrew, his letter to Gov. Hamilton, 756. "Letters from Egremont to Gov. Hamilton, 13, 15, 18. touching hostilities committed by the Indians, 30, 31. CONTENTS. Til from Gen. Amherst, 34, 35, 48, 62, 74 ; from John Armstrong to Gov. Penn, 444, 448, 484 ; from Col. Boquet, 35, 207, 197 ; from Blair, 34 ; from Lords of Trade, 40, 79, 343 -, from Robert Callender to Baynton, 302 ; from Jonas Seely, 43 ; from George Croghan to Gen. Gage, 323 ; to Gov. Penn, 249 ; from Dyson, 49; from Sir William Johnson, 63, 129, 189, 412, 495; from Gen. Murray, 290 ; from Edward Shippen, 88, 100, 438 : from Shelburn, 341, 343, 378 ; from Gen. Gage, 88, 118, 119, 170, 238, 266, 267, 281, 292, 301, 318, 319, 321, 403, 422, 443, 582 ; to Sir William Johnson, 105, 120, 137, 306, 424, 469 ; to Gov. Golden of New York, 112 ; to Gov. Franklin of New Jer- sey, 113, 120 ; to Conway, 299 ; to the Magistrates of Lancaster, York, Cumberland and Berks counties, 131 ; to Justices Smith and Maxwell, 272, 273 ; to the Justices of Cumberland, 273, 304, 416; Lancaster, 418; Berks, 419; to Lieut. Grant, 274; to Faquire, Gov. of Virginia, 345 ; to the Earl of Shelburn, 351, 379, 383 ; from Lewis Gordon, 572 ; from Charles Stewart, 573, 583, 607 ; from Bradstreet, 193 ; from the Earl of Hillsborough, 546, 552, 761 ; from Col. Hied to Gen. Gage, 268, 269 ; to the Lord's Commissioners of Trade, 353 ; to Horatio Sharpe, Gov. of Maryland, 375, 377; to the Sheriffs of Cumberland, Lancaster and Berks, 441, 442 ; to John Armstrong, 446, 451 ; to Col. Francis, 586 ; from William Patterson to Joseph Shippen, 453 ; from John Holmes to Gov. Penn, 463 ; from the Chief of the Indians at the Great Island, 480 ; from the Rev'd John Steel to Gov. Penn, 486 ; from six Magistrates of Cumberland, 486; from James Galbreath, 487 ; from Andrew Ledlie, 756 ; from William Bull, 775; from Hamilton to Gov. Trumbull, of Connecticut, 777. Le Bceuf, garrison at murdered by the Indians, 35. Littleton, Fort at garrisoned, 34. Lotteries to raise money for certain churches, to build and finisii; which, 243, 326, 360, 369, 390, 392, 567, 576, 579, 580, 762. M. Maitland, Richard, Deputy Agent General, issues orders, 307. Maryland rioters, 564. M'Donald murdered by the Indians, 521. Memorial from Rev'd. Schmick, 135. Messages from Gov. Hamilton to the Assembly, 10, 15, 18, 19, 21, 25, 31, 36, 42, 47, 53, 55, 58— from Gov. Penn, 91, 94, 109. 113, 115, 116, 122, 129, 133, 149, 153, 155, 174, 179, 181. 183, 184, 241, 244, 291, 311, 323, 351, 363, 367, 394, 396, 397, 407, 427, 431, 434, 459, 545, 554, 582, 596, 645, 656, 686, 692, 708. nil CONTENTS. from the Assembly to Gov. Hamilton, 1, 20, 64, 71 — to Gov. Penn, 97, 123, 125, 134, 154, 156, 161, 165, 180, 182. 185, 246, 284, 312, 324, 339, 361, 370, 385, 407, 408, 432, 447, 454, 458, 469, 473, 568, 592, 622, 692, 709, 721— Lieut. Gov. Hamilton, 773. of Gov. Penn to Newolcka, touching Stump murdering In- dians on Middle creek, 428. .lliller, Nicholas, his children murdered by the Indians, 44. Minutes of Indian conferences at Gov. Hamilton's house, 6, 8 ; at Philadelphia, 44, 45, 46, 47, 66, 67, 68, 70, 77, 85, 86, 88, 328, 332, 514, 543, 604, 689, 694, 698, 734, 737, 739,742, 773; at Pittsburg, 207, 208, 212, 250, 264; at Tuscarrowas, 212, 222; at Muskingham, 223, 226, 229, 233; at Johnson's Hall, 497; at Shamokin, 611, 612, 613, 620. Muskingham, conference held at, with the Indians, by Col. Boquet, 208. Morris, Joseph, his Deposition, 769. Murray, Gen., letter to Gov. Penn, 290. N Nettawatways, chief of the Delaware Indians, letter from to Gov, Penn, 735. Newoleka, chief of the Delawares, message from to Gov. Penn, 428- 0. Observations respecting Funds in Pennsylvania, 382. Obryan, Henry, murdered by the Indians, 469, 521. Ogden, Amos, from Wyoming, makes information against Lazarua Stewart, murdering Nathan Ogden, 749. Orders issued at New York, from Richard Maitland, 307. Oterunques, message to Col. Boquet, 227. Peace Treaty between Spain and England, 38. terms of, granted to the Indians, 195 ; with the Delaware nation, 277. Penn, John, appointed Governor of Pennsylvania, 17, 72; Re- commissioned, 347 ; re-appointed the third time, 629 ; succeeds to the proprietorship of one-fourth part of the Province of Penu- sylvania, 742; embarks for Great Britain, 743^ CONTENTS. ix Pcnn, Jolin, his letters to the Magistrates of Lancaster, York, Cumberland and Berks, 92, 131, 137, 273; to Col. Francis, 586, 606^ to Gen. Gage, 110, 275, 296, 405, 422; to Justice Smith, 272; Justice Maxwell, 273; John Jennings, 585, 586; Lieut. Grant, 274; Conway, 299; Gov. Sharpe, 305, 375; Earl of Shelburne, 351, 379, 383 ; Lords commissioners of Trades, 353 ; Rev'd. Steel, 483 ; John Armstrong, 446, 451. Penn, Richard, appointed Lieutenant Governor, 782. Palmer, John, an Indian prisoner, makes his escape, 212. Patterson, William, his letter to Joseph Shippen, 453. Petition from Hockley & Physick to Governor Penn, 178. Presque Isle, garrison at massacred by the Indians, 35 — letters at from Bradstreet, 193, 194. Pitkin, William, Gov. of Connecticut, to Gov. Penn, 602 — to G^a. Gage, 664. Prisoners to be delivered at Sandusky, 195. Proclamations by Gov. Hamilton, 13, 27, 39, 40, 70 — by Gov Penn, 72, 76, 80, 83, 85, 95, 107, 190, 234, 265, 316, 327. 481, 544, 588, 644, 647, 687— by James Hamilton, 733, 743. 747, 766. by Richard Penn, Lieutenant Governor, 783. R. Redick John, disturbed as a settler, &c., 376o Reid, Col., his letters to Gen. Gage, 268, 269. Redstone creek, settlers at directed to be removed, 323, 353, 581, 540 ; names of early settlers at, 508. Remonstrance from the frontier inhabitants of Lancaster, York, Berks, and Cumberland, 138. Rioters in arms, headed by James Smith, 270, 297. Road from Reading to Fort Augusta, 440, 556, 651, 667 ; from Lancaster to Philadelphia, 657, 099, 700 ; from the Blue moun- tain to Wyoming, 731; from Wright's to the Maeungy road. 745. Rodney, Csssar, letters from, 661, 681. Sandusky, prisoners among the Indians to be delivered at, 195. Seal, Great and Lesser altered, 742. •Seely, Jonas, letters from, 43, 44. Se&eca George, Indian, killed, 603, X CONTENTS. Scalps of Indians, bounty offered for, 189. Schoolmasters promised to be sent to the Indians, 8. Schmick, Jacob, Revd., missionary among the Indians, his memo- rial, 135. Smith, Matthew, a Remonstrance from the frontier settlers to the Assembly, 138. Smith, James, head of rioters, writ issued for his apprehension, 297. Shelburn, Earl of, his letters to Gov. Penn, 341, 343, 378. Sharpe, Gov. of Maryland, his letter to Penn, 375. 8hippen, his letters touching the murdering of the Conestoga In- dians, 89, 100. Speech by John Penn to the Assembly, 166 -, of Col. Boquet to Capt. Jacobs, and the Delaware chiefs, 208, 209, 210 ; at Tuscar- rowas, 212, 220, 224, 228, 231. Stewart, Charles, his letter to Penn, 573. Stewart, Lazarus, arrested, makes his escape, 683 ; proclamation for his apprehen?ion, &c., 687, 710, 715, 716, 749, 767. Stump, li'rederick, and others, encroach on Indian lands without a warrant, 328. Stump and Ironcutter murder several Indians on Middlecreek, 414, 470 ; proclamation issued for the murderer's apprehension, 420, 421, 488, 489 ; letter to Gen. Gage touching this affair, 422 ; also to Sir William Johnson, 424 ; further notice, &c., 426, 428, 429, 436, 438, 444, 445, 455, 458, 460, 462, 463, 485, 467, 470, 476, 479, 485, 487, 488, 489, 490, 491, 500, 510, 512, 519. Stump and Ironcutter arrested and secured in jail at Carlisle, 438, 444 ; they are rescued by a band of riotous persons, 448, 450, 451, Susquehanna Company, resolution touching Connecticut claims^ 565, T. Teedyuscung's interview with Gov, Hamilton, 6, 8. Tilghman, his letters to the Board, &c., 746 — to Gov. HamiltoCy 779. Trade among the Indians regulated, 25, 642, 643, 655. Treaty of Peace with several Indian nations, 277, 492. Troops furnished by the several provinces, 48. V. VsNAwao, garrison at murdered by the Indians^ 35. CONTENTS. xi W. Wain informs the Assembly that the frontier settlers intend to kill the Indians at Philadelphia, 132. Webb, James, declines acting barrack-master at Lancaster, 556. Wighaloosin, Indians at write to Gov. Penn, 436. Wyoming, New England settlers at, King's writ served on them to remove, 608. Z. ZacheuSj an Indian, complains of his great poverty, 437= MINUTES OF THE PROVINCIAL COUNCIL OF PENNSYLVANIA. At a Council held at Philadelphia on Friday the 15th October, 1762. PRESENT : The Honourable JAMES HAMILTON, Esq'- Lieu'- Governor, Benjamin Chew, Esquire. Yesterday being the day appointed by Charter for the Meeting of the Assembly, The Governor received a Message from the House by two Members, that a Quorum was met, and had chosen a Speaker, and desired to know at what time and place they might present him to the Governor for his Approbation, and this day at 11 o'clock, being appointed for that purpose, The Governor sent a Message to the House by the Secretary, that he was ready, in the Council Chamber, to receive the House, with their Speaker. Accordingly, the whole House waited on His Honour, & presented Isaac Norris, Esquire, who being approved of, addressed himself to the Governor, & demanded the usual privileges, which were granted, and then the House withd'cw. The House adjourned to Monday the 10th January, 1763. MEMORANDUM. Thursday, 21st October, 1762, at New Castle. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieuf Gov'" &ca. Benjamin Chew, Esquire. Three Members of Assembly of the Government of the Lower Counties, waited ou His Honour, the Governor, with a Message VOL. IX. — 1. 2 MINUTES OF THE that the House bad met Yesterday in pursuance of the Charter & Laws of this Grovernment, & had chosen a Speaker, & desiring to know at what time His Honour would be pleased to receive the House, with their Speaker ; the Governor acquainted them that he would be ready for that purpose in half an hour. The House accordingly waited on His Honour, and presented to him Jacob Kollock, Esquire, who, on receiving the Governor's Ap- probation, prayed the usual privileges of the House, which were granted ; And then the House withdrew. Friday, 22Dd October. The Governor was waited on by three Members, with a Mes- sage that the House being now regularly sworn, desired to know if his Honour had any Business to lay before them. The Governor informed them that he had prepared a Message which he should send to the House immediately. The Secretary then carried to the House the following Message, with two Letters relative thereto, from Mess"' Sargeant & Aufrere, and Mess'^' Barclay, for their perusal: A Message from the Governor to the Assemhly. " Gentlemen : '' Since the last Meeting of the Assembly of this Government, I have been advised by your Agent in England, of his having received from the Lords of His Majesty's Treasury, two several Sums of Money granted by Parliament for re-imbursing the several Colonies a part of the Supplies they have from time to time given to the Crown, in the Course of the present War. As it was the Intention of the parliament in making these Grants, that the same should be applied in the several Colonies towards discharging and in Ease of the publick Debts and Taxes of the respective Governments, I must earnestly recommend it to you to apply the Money in that manner; And as there is not at present any power in being, au- thorized to receive the same from your Agent, I am also to recom- mend it to you to pass a Bill for empowering proper persons forth- with to draw the same out of his hands, in order to its being duly applied for the purposes aforesaid. ''JAMES HAMILTON. "New Castle, 22nd October, 17G2." New Castle, Thursday, 28th October, 1762. The House having presented to the Governor for his Concurrence a Bill entitulcd '' An Act to empov\^er Benjamin Chew, Esq'- and PROVINCIAL COUNCIL. 3 in case of bis Death, William Plumsted, Esq'' to draw for the sum of Three thousand seven hundred and fortj-five pounds seventeen shillings & ten pence Sterling, now in the hands of the Agent of this Government, residing in London, & to direct the Appropriation of the said Money," His Honour sent the same to the House, with two small Amendments, by the Secretary, with a verbal Message, that when they had made them, he would be ready to pass the Bill into a Law. Friday 29th October. The four following Bills were Yesterday sent up to the Governor for his Concurrence, viz'- : " An Act to enable the Owners and Possessors of the Meadow, Marsh & Cripple in Red Lyon Creek, in the County of New Castle, to keep the Banks, Dams, Sluices & Flood Gates in repair, and to raise a Fund to defray the Expence thereof." " An Act to enable the Owners and Possessors of the Meadow, Marsh & Cripple on Cedar Creek in Red Lyon Hundred, in the County of New Castle, to keep the Banks, Dams, Sluices, and Flood Gates in repair, and to raise a Fund to defray the Expence thereof." "An Act for the reviving and continuing the actions and pro- cess in the Supreme Court for the County of New Castle." " An Act for repealing ' An Act of Assembly of this Govern- ment hereafter mentioned, and for reviving ' An Act entituled ' An Act for the Relief of the poor within the County of Kent." ' Which the Governor considered and returned to the House by the Secre- tary with a few small Amendments to the two former, and a Mes- sage that he agreed to the two last mentioned. Saturday 30th October, 1762. The two following Bills being sent to the Governor for his peru- sal & Concurrence, were read and returned to the House with a Verbal Message that His Honour agreed to them, viz'- : " An Act for vesting a certain Estate in the County of New Castle, belonging to Anna and Ann Thomas, being Minors, in David Stewart and Thomas Tobin and their Heirs, for the purposes hereafter mentioned." *' An Act to enable the Owners and Possessors of the meadow, Marsh and Cripple lying upon Nonsuch and Mill Creeks, and ad- joining Lewden's Island in the Hundred and County of New Castle, on Delaware, to embank and drain the same, to keep the outside 4 MINUTES OF THE Banks & Dams in good Repair for ever, and to raise a Fund for the doing thereof." Monday, 1st November, 1762. A Bill entituled " An Act to enable the Owners & Possessors of the Meadow and Marsh near Christiana Bridge on the South East side of the Creek in the Hundred & County of New Castle, to keep the Banks, Dams, Sluices and Floodgates in repair," being read, was return' d to the House with a Message that the Governor assented thereto. Tuesday, 2nd November, 1762. The two Bills, viz'- : " An Act for the better regulations of the Roads in New Castle County," and **An Act for stopping, em- banking & draining a parcel of Marsh on both sides of S'- George's Creek in New Castle County, &ca." ; were read and sent to the House by the -Secretary with a Message that the Governor agreed to them and would be ready in a quarter of an Hour to pass into Laws all the Bills to which he had given his assent. Accordingly the whole House attended at the Governor's Room, & the Speaker presented to him the ten following Bills, which the Governor enacted into Laws, & signed a Warrant for affixing the Great Seal to them, which was immediately done under the Inspec- tion of two Members, with the Secretary, and then lodged in the Roll's Office. The Bills passed, are as follows, viz'-: 1. "An Act for empowering Benj"- Chew, Esq'-' and in case of his Death, William Plumsted, Esq'" to draw for the sum of £3745, 17, 10, Sterl^-' in the agents Hands in London, k'^-'" 2. ''An Act to enable the Owners of meadow Marsh, &c' > on Red Lyon Creek, in New Castle County, to keep the Banks, Dams, &ca., in repair, &c*-" 3. ''An Act for the reviving and continuing the actions & Pro- cess in the Supreme Court, for New Castle County." 4. "An Act to enable the Owners, &c''-' of Meadow Marsh, &c'-' on Cedar Creek, in Red Lyon Hundred, in the County of New Castle, to keep the Dams, &ca., in repair, &ca." 5. "An Act for repealing an Act of Assembly of this Govern- ment hereafter mentioned, and for reviving an Act entituled ' an Act for the relief of the poor, within the County of Kent.' " 6. "An Act for vesting a certain Estate, in the County of New Castle, belonging to Anna and Ann Thomas, being minors, in David PPtOVINCIAL COUNCIL. 5 Stewart & Thomas "Tobin, & their Heirs, for the purposes hereafter mentioned.'^ 7. "An act to enable the Owners and Possessors of the Meadow Marsh, &''•' lying upon Nonsuch and Mill ('reeks, and adjoining Lewden's Island, in New Castle County, to embank and drain the SamC; &&■'•" 8. "An Act to enable the Owners & possessors of the meadow & Marsh near Christiana Bridge, &ca., to keep the Banks, Dams, &c'' in repair, itc"" 9. "An Act for the better regulation of the Roads in Newcastle County." 10. "An Act for Stopping, embanking, and draining a parcel of Marsh on both sides of S'' George's Creek, in New Castle County." Before the House withdrew, the Speaker presented to the Gov- ernor Orders on the Trustees of the Loan Office, to the amount of Two hundred & fifty pounds, for his Salary and Services, for which His Honour returned the House his Thanks. At a Council held at Philadelphia, on Thursday, 11th Novem- ber, 1762. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- ernor, &ca. Richard Peters, ] -p, „. Benjamin Chew, j ' ^ A Transcript of the Record of Conviction of Cornelius Dougherty, Anthony Miller, and John Hellar, for Burglary in Lancaster County^ delivered to the Governor by Edward Shippen, Jun'- Clerk of the Court of Oyer and Terminer & General Gaol Delivery, held in the said County, on the 1st of this inst'-' November was read, and no application having been made to the Gov''' in their favour, It is or- dered that a " Warrant issue to the Sheriff, for the Execution of the .Sentence of Death passed on the said Criminals, on Saturday, the twentieth of November, instant." At a Council held at Philadelphia, on Tuesday the 16th No- vem'-' 1762. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &c^- Joseph Turner, Beniamin Chew, 1 t^, Richard Peters, '' ^ | Esquires. The Governor laid before the Board a Copy of the Record of Court for the Tryal of Negroes, held at Philadelphia, October the ^ MINUTES OF THE 28, 1762, before William Plumsted & William Parr, Esquires, Judges appointed for that purpose, assisted by Six Substantial Freeholders, summoned for that purpose, when two Negro men, named Caspar and Joe, were convicted of Felony and Burglary, and received Sentence of Death; and also three several petitions from the Inhabitants of Philadelphia, praying the Governor to grant a Reprieve for the said Negroes, which t'cing read, & the matter duly considered, the Council were unanimously of Opinion, that as there appeared no particular Circumstances in the case of either of the said two unhappy Criminals, which rendered them proper Objects of the Governor's mercy and favour, they could not advise him to interpose between the Laws and the Execution of them on this occasion, and the Governor was pleased to join with them in Opinion. At a private Conference held at the Governor's House, with Teedyuscuug, the 19th Novr., 1762. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &c:i., and Richard Peters, Esquire. Isaac Stille, Interpreter. The Governor desired Teedyuscung to speak nothing but what should be strictly true, which he promised to do, and then he be- gan his Business, saying : *' Brother : " You may remember that some time ago I told you that I should be obliged to remove from Wyomink, on account of the New Eng- land people, and I now again acquaint you that soon after I re- turned to Wyomink from Lancaster, there came 150 of those people, furnished with all sorts of Tools, as well for building as Husbandry, & declared that they had bought those Lands from the Six Nations, and would settle them, and were actually going to build themselves Houses, and settle upon a Creek called Lechawanock, about seven or eight miles above Wyomink. I threatned them Imrd, and de- clared I would carry them to the Governor at Philadelphia ; and when they heard me threaten them in this manner, they said they would go away, and consult their own Governor; for if they were carried to Phihidelphia, they might be detained there Seven Years, and they said further, that since the Indians were uneasy at this purchase, if they would give them back the money it had cost them, which was one or two Bushels of Dollars, they would give them their Land again. " Brother : " Ten days after these were gone, there came other fourteen men, and made us the same Speeches, declaring that they expected above PROVINCIAL COUNCIL. 7 3,000 would come and settle the Wjoraink Lands in the Spring; and they had with them a Saw .t Saw Mill Tools, purposing to go directly and build a Saw Mill about a mile above where I live, but upon my threatning those in the same manner I did the former Company, they went away, &, as I was told, buried their tools some where in the Woods. These people desired me to assist them in surveying the Lands, and told me they would reward me hand- somely lor my trouble, but I refused to have any thing to do with tbem. " Brother: " Six days after these were gone, there came other Eight white men & a mulatto, and said the very same things to me that the others had said, and immediately I got together my Council, and as soon as we had finished our Consultations, I told these people that I would actually confine them and carry them to Philadelphia, & deliver them to the Governor there ; Upon which they went away, saying they would go to their own Governor, and come again with great numbers in the Spring. Some of these people stole my Horse that I bought at Easton, but they gave me another Horse, and five pounds in money, in Satisfaction for my Horse. " Brother : " Tho' I threatned these people hard that I would confine them and carry them down to you, yet I did not mean actually to do it, remembring that you charged me not to strike any White Men, tho' they should come, but to send you the earliest notice of their coming that was in my power. " Brother : "Before I got up to Wyomink from Lancaster, there had come a great Body of these New England people with intent actually to settle the Laud, but the Six Nations passing by at that time from Lancaster, sent to let them know that they should not be permitted to settle any of these Lands, and on their expressing great resent- ment against them, and threatning them if they persisted, they went away. This T was told by Thomas King, who was left behind at Wyo- mink by the Six Nations to tell me that they intended to lay this whole matter before the great Council at Onondagoe, & that they would send for me and my Indians to come to Albany in the Spring, where they are to have a Meeting with the New England people, & desired I would be quiet till I should receive their Mes- sage, & then come to Albany. On this Speech of Thomas King's we met together in Council, & agreed not to give him any promise to come to Albany, but to advise the Governor of Pennsylvania of this and to take his advise what to do, and if he will go with us and advise us to go, we will go in case we should be sent for in the Spring. Brother, Surely as you have a General of the King's Armies here, he might hinder these people from coming & dis- turbing us in our possessions. 8 MINUTES OF THE '' Brother : '^ About Six days before I left Wyoraink, I received a Belt, which was brought me by the Indian Man Compass ; it came first to Nutimus and from him to me. By that Belt, Beaver desired that I and the Delawares, the Wapings & Mohickons settled at Wyoraink, would remove thence, and come and live at Allegheny. I wish, Brother, that there had been writings signed between Beaver and us at Lancaster, setting forth that we had made a firm peace and friendship together, and that we were very good friends & shall always remain so ; I wish, I say, such writings had been signed by all of us and those that were present at Lancaster, that we might have it always to shew to our Children and Grand Children, and that they might remember what was done then by us. The Gov- ernor reminded him that it was not the Custom for Indians to sign writings to one another, and that the same forms had been observed at Lancaster as at other Treaties/' After which Teedyuscung pro- ceeded : " Brother : " I have one thing more to say, and then I shall have finished all I have to say at this time. ''Brother : " You may remember that at the Treaty at Easton we were promised that a Schoolmaster and Ministers should be sent to in- struct us in religion, & to teach us to read and write ; As none have been yet provided for us, I desire to know what you intend to do in this matter. I have now done." 20th November, 1762. The Governor's Answer to Teedyuscung's Speech of Yesterday, " Brother : '' I thank you for the information you have given me of what passed between you and the people of Connecticut. " Hearing that some of these people were gone towards the Sus- quehaunah, I sent a special Messenger after thera, to warn them from settling those Lamls, & to take care not to give Offence to the Indians, from whom those Lands had not been purchased. My Messenger came fortunately just after the Six Nations had ordered them to go away, and shewn great reluctance at their presuming to come and settle those Lands ; and met them returning home dis- pleased with the Six Nations for speaking to them in the rough manner they did. *' Brother : " I have wrote both to General Amherst and to Sir William Johnson, and to the Governor ot Connecticut ; this matter is like- wise laid before the Great King by Sir William Johnson, so that PROVINCIAL COUNCIL. 9 I am in hopes you will not see any more of these troublesome people, but that measures will be taken to keep them at homo. '' Brother : " I commend you for your prudent behaviour; I did and do still desire that no blood of the White People may be shed by you, but that you will continue to give me the earliest Notice you can if you hear of any of them coming again in the Spring." A String. " Brother: " I observe what you say with respect to the Message sent to Nutimus and to you by Beaver. " You know that your Uncles, the Six Nations, have kindled a Fire for you at Wyomink, & desired you would stay there and watch, and give them notice if any White people should come to take away the Lands from them, & that you would not suffer them to do it. " You may think, be assured, that this Winter measures will bo taken to prevent these troublesome people from coming to disturb you. On these Considerations I desire you will remain quiet where you are, & not move away, as you seem to have no Inclinations to go away only on account of these New England disturbers. ''As to any Invitations the Six Nations may make to you, to come to Albany to Council with them, Si to meet the New England people, you will pay such regard to them as your Connections with your Uncles require. I dont pretend to any Authority over you, but I would advise you to comply with such invitation as you shall re- ceive from your Uncles. I am not invited, and know nothing of this matter, but if I hear anything of it, I will let you know." A Belt. " The times hav3 been so unsettled, that there has been no op- portunity of sending Ministers & Schoolmasters among you. Now there is a likelihood of a general peace being soon established, if you determine still to continue at Wyomink, about which you have ex- pressed some doubts to me, I shall consider of this matter, &. send you an answer at a proper time." A String. At a Council held at Philadelphia, on Tuesday the 18th January, 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &c^- Joseph Turner, Richard Peters, & Benjamin Chew, Esquires. The Proprietaries having directed the Governor to move the As- sembly to pass a Bill for altering and amending the Act of Assem- bly passed in April, 1759, for granting One hundred thousand 10 MINUTES OF THE pounds to His Majesty, &c'' so as to make it conformable to the Terms expressed in the Report of the Committee of Council, made the day of in the said year. His Honour laid before the Council the Draught of a Message to the Assembly, agreeable to the proprietary direction, which was read, approved, and sent to the House by the Secretary. Ji Message from the Governor to the Assetnlly. " G-entlemen : " An Act of Assembly of this province, passed in the Year 1759, intituled, ' An Act for granting to His Majesty the sum of one hundred thousand pounds,' &ca., having, pursuant to the Royal Charter, been laid before His Majesty in Council, and the Merit thereof having been fully debated, as well on the part of the Hon- ourable Proprietaries as of the Assembly and people of this pro- vince, before a Committee of His Majesty's Most honourable Privy Council for plantation affairs, their Lordships, after a full hearing, were pleased to report, as their Opinion, to His Majesty, that the said Act was fundamentally wrong and unjust, and ought to be re- pealed, unless certain Alterations & amendments, specified in the Eody of the said Report, could be made therein. ''Whereupon, the Agents for the Assembly, sensible of the In- conveniencies w^hich must necessarily arise to the people, from a Repeal of the said Act, and desirous to prevent the same, did pro- pose, agree to, and subscribe, in the Books of the privy Council, an Engagement in the following Words, vizt. : ''We, the undersigned, Benjamin Franklin and Robert Charles, Agents for the province of Pennsylvania, do hereby consent, that in case an Act passed in the said province, in April, 1759, entituled 'An Act for granting to His Majesty the sum of one hundred thou- sand pounds, and for striking the same in Bills of Credit, in the manner herein after directed, & for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real ami personal, and Taxables within this province,' shall not be repealed by his Majesty in Council, We, the said Agents, do undertake, that the Assembly of Pennsylvania will prepare and pass, and offer to the Governor of the said province of Pennsylvania, an act to amend the aforementioned Act, according to the Amendments proposed in the Report made by the Lords' of the Committee of Council this day, upon the One hundred thousand pounds Act, and other Pennsylvania Acts; and we will indemnify the proprietaries from any Damage they may sustain by such act not being so prepared and passed by the Assembly, and offered to the Governor. "In full Confidence that the above engagement would be duly performed on the part of the Assembly, and in respect to other good purposes of the said Act, their Lordships were thereupon induced to represent to His Majesty, that he might rely upon this under- PROVINCIAL COUx\CIL. 11 taking for the Assembly by their Agents, and permit the said Act to stand unrepealed, because the Objections upon which they should liave founded their advice for the Repeal, would certainly be re- moved, in a way more agreeable & convenient to the Province. " His Majesty having taken the said Report into His Royal Con- sideration, was pleased with the Advice of His Privy Council, to approve of all that was therein proposed to be done, and by His order in Council, of the Second of September, 1760, to declare, that the abovementioned Act of Assembly should accordingly stand unrepealed. *' Very soon after the aforesaid report and Order of Council came to my Hands, viz'' on the twenty-eight of January, 1761, I laid them before the then Assembly, acquainting them at the same time, by a Messoge in Writing, tliat whenever they should think proper to prepare and offer to me a Bill to alter and amend the aforemen- tioned Act, so as to make it conformable to the Sentiments of the Lords of the Committee aforesaid, approved by His Majesty, & to the express Stipulations of their Agents, as set forth in the said report, I should think it my Duty to concur with them, by enacting it into a Law. To this, sometime after, they were pleased to return me an answer, though, by no means a Satisfactory one, inasmuch they did not declare whether they would or would not comply with the Engagements entered into by their Agents, in their Behalf, although I had more than once particularly urged them for an ex- plicit Answer to that point. "In this Situation things have hitherto continued, and the Per- formance of the Stipulations entered into by your Agents, on your Behalf, yet remains to be complied with, although there is the greatest reason to believe that those very Stipulations were the means of exempting the. Province from the many Inconveniencies it would have been subjected to, by a repeal of the aforementioned Act of Assembly. " I am now to acquaint you. Gentlemen, that I have it command from the Proprietaries, to move you to pass a Bill for altering & amending the aforesaid Act of 1759, for granting One hundred thousand Pounds to His Majesty, &ca., so as to make it conformable to the Terms expressed in the Report of the Committee aforesaid, and to the Engagements entered into by your Agents ; and I do ac- cordingly, recommend this measure as fit to be taken into your pre- sent Consideration, not only because it appears to me to be ex- treamly just, but because a refusal, or further delay on your part,, maybe productive of those mischiefs & Inconveniencies which a for- mer Assembly seemed so much to apprehend from a Repeal of the vSaid Law, and which it was manifestly the Intention of your Agents to avert, by entering into the aforesaid Engagements. And I can- not but think it a lucky Circumstance that one of the Gentlemen who acted as your Agent in England during the whole of this trans- action, is now upon the Spot, and capable of explaining to you the 12 MINUTES OF THE very good reasons and motives that induced him to enter into those Engagements. "JAMES HAMILTON. "January 18tb, 1763." The Governor laid before the Board two Bills, sent up by the House, for His Honour's Concurrence, the one entituled ' a Sup- plement to an act entituled ' An Act to enable the Owners and Pos- sessors of a certain Tract of Marsh and Meadow Land therein des- cribed, situate in the Counties of Philadelphia and Chester, to keep the Banks, Dams, Sluices, and Floodgates in repair, and to raise a Fund to defray the Expence thereof,' and the other entituled " An Act for extending and enlarging the Southern District of Darby Marsh, or Meadow Ground," which were read and considered, and there appearing nothing objectionable to them, they were re- turned to the House, with a verbal Message that the Governor was ready to pass them into Laws whenever they should be presented to him for that purpose. At a Council held at Philadelphia, on Tuesday, the 25th Jan'' 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &'^- Kichard Peters, William Logan, Benjamin Chew, Esquires. The Governor having received by the Pitt Pacquet, a Letter da- ted Novem^- 27th, 1762, from the Right Honorable the Earl of Eg- reemont, one of the Principal Secretaries- of State, inclosing His Majesty's Proclamation of a Cessation of Arms agreed upon be- tween England, France, and Spain, laid them before the Board, to- gether with His Honour's Proclamation, which being read and ap- proved, a Warrant was issued for the affixing the (JreatSeal thereto, and the same was agreed to be published at the Court House to- Morrow at 12 o'clock, & ordered also, to be printed in the Penn- sylvania Gazette & Journal. The Governor directed the Secretary to prepare another Procla- mation for the Government of the Lower Counties, and to send the same to Richard McWilliam, Esquire, at New Castle, to be pub- lished at the Court House there. PROVINCIAL COUNCIL. 13 A Letter from the Right Honorable the Earl of Egremont to the Governor. "Whitehall, Nov^- 27th, 1762. "Sir: *'It is with great pleasure I now acquaint you, that on the 8th Instant a Messenger arrived from the Duke of Bedford, with the Preliminary Articles of Peace, which had been signed on the 3rd of this Month, at Fontainebleau, by His Grace and the Plenipotentia- ries of France and Spain ; and another Messenger having Yesterday brought the Ratifications of the said Preliminaries, which had been exchanged at Versailles, on Monday last; His Majesty was pleased immediately to order a Proclamation to be published, declaring a Cessation of Arms, as well by Sea as Laud, which I inclose here- with, and am commanded to signify His Majesty's Pleasure to you that you do cause the same to be published in all the proper places under your Government, to the end, that all His Majesty's Subjects there may pay due obedience thereto, and strictly observe the same. " I congratulate you most sincerely on this fortunate Issue of the King's unwearied Endeavors to put an end to the Calamities of so long and destructive War, by restoring as far as has depended on His Majesty, the general Peace and Tranquility. *' I am, o'ith great Truth & Regard, Sir, "■ Your most Obedient humble Servant, "EGREMONT." Bij tie Jlonournlle JAMES HJIMILTOX, Enquire, Lieutenant Governor and Commander-in- Chief of the provuice of Pennsylva- nia, d; Counties of New Castle, Kent, & Sussex, iijoon Delaware, A PROCLAMATION. " Whereas His Majesty was graciously pleased on the twenty- Sixth day of November last past, to issue His Royal Proclamation in the words following, viz' : '• George, R. " \\hereas, I'reliniinaries for restoring Peace were signed at Fon- tainebleau, on the third day of this Instant, November, by the Min- isters of us, the Most Christian King, and the Catholic King: And ichereas, for the putting an end to the Calamities of War as soon and as far as may be possible, it has been agreed between Us, the most Christian King and his Catholick Majesty, as follows ; that is to say : " That as soon as the Preliminaries shall be signed & ratified, all Hostilities shall cease at Sea and at Land. U MINUTES OF THE "And to prevent all Occasions of Complaints and Disputes wLicIs might arise upon account of Ships, Merchandizes, and other EffectSj, ■which might be taken at Sea, it has been also mutually agreed,, That the Ships, Merchandizes, and Effects, which should be taken in the Channel and in the North Seas, after the Space of twelve days, to be computed from the Ratification of the present Prelimi- nary Articles; And that all Ships, Merchandizes, and Effects, which should be taken after Six weeks from the said Ratification, beyond the Channel, the British Seas, and the North Seas, as far as the Canary Islands, inclusively, whether in the Ocean or Mediterranean j and for the Space of three Months, from the said Canary Islands to the J]quinoctial Line or Equator; and for the Space of Six Months, beyond the said Equinoctial Line or Equator, & in all other places of the World, without any exception, or other more particular Dis- tinction of Time or Place, should be restored on both sides. ^^ And Whereas, the Ratifications of the said Preliminary Articles, in due form, were exchanged at Versailles by the Plenipotentiaries of Us, the Most Christian King, and of the Catholick King, on the twenty-second of this Instant, November, from which day the sev- eral Terms above mentioned, of Twelve days, of Six Weeks, of Three Mouths, and of Six Months, for the Restitution of all ShipSy Merchandizes, and other Effects taken at Sea, are to be computed. " We have thought fit, by and with the advice of our privy Council, to notify the same to all Our loving Subjects, and We do declare, That our Royal will and Pleasure is, and we do hereby strictly charge and command all our Officers, both at Sea and Land, & all other Our Subjects whatsoever, to forbear all Acts of Hos- tility, either by Sea or Land, against His Most Christian Majesty, and His Catholick Majesty, Their Vassals or Subjects, from and after the respective times abovementioned, and under the penalty of incurring our highest Displeasure. *' Given at Our Court at S'' James's, the twenty-sixth day of November, in the Third Year of our Reign, and in the Year of Our Lord 1762. " And Whereas, a Copy of the said Proclamation hath been transmitted to me by the Right Honorable the Earl of Egjemont, ■one of His Majestie's principal Secretaries of State, who bath also signified to me His Majesty's Royal Will and Pleasure that the same should be published in all the proper places under my Gov- ernment, to the End that all His Majesty's Subjects there may pay due Obedience thereto, and strictly observe the same ; / have therefore, in Obedience to the said Royal Order, signified to me as aforesaid, with the advice of the Council, caused the said Proclama- tion to be this day ])ublished, and do hereby strictly charge and command all his Majesty's Subjects within this Province to take Notice of His Royal V/ill and Pleasure therein made known, and to conform themselves thereto accordingly. "Given under my hand, & the Great Seal of the Province of Pennsylvania, at Philadelphia, this twenty-sixth day of January, PROVINCIAL COUNCIL. 15 in the third Year of His Majesty's Reign, and in the Year of our Lord, one thousand seven hundred & sixty-three. "JAMES HAMILTON. "By His Honour's Command. "Joseph Shippen, juu' • Secretary. "GOD SAVE THE KING." Wednesday, the 26th January, 1763. MEMORANDUM. This day at 12 o'Clock, the Governor being attended at His House by the Council, Mayor, Recorder, Aldermen, Common Councils, Sheriffs, and inferior Officers, & accompanied by several of His Majesty's Officers of the Army, went in Procession to the Court House, where being met by the Speaker and Members of Assembly, His Honor's Proclamation of the Cessation of Arms, was read by the Secretary, with the usual Solemnity, in the presence of a great Concourse of People. Esquires. At a Council held at Philad"' on Saturday, the 29th Jan'- 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &c^" Joseph Turner, Benjamin Chew, Richard Peters, The Governor laid before the Board a Letter from the Earl of Egremont, one of His Majesty's Principal Secretaries of State, dated the twenty-seventh of Novem""- last, and also a Message to the Assembly he had prepared thereupon, which was read and ap- proved and sent to the House as follows, viz'-: A Message from the Governor to the Assemhli/. "Gentlemen : *" I have very lately had the Honour to receive from the Right Honourable the Earl of Egremont, one of His Majestie's principal Secretaries of State, a Letter written by the King's Command, in the words following, viz'-: " Whitehall, November 27th, 1762. " Sir : " Through the happy Conclusion of Preliminary Articles of Peace between His Majesty & the Most Christian and Catholick 16 MINUTES OF THE Kings, wTiich it is hoped will soon be followed by a Definitive treaty of Peace, will make it unnecessary for me to renew His Majesty's Jlequisition of any further Levy of Men in the several Provinces in North America ; the King has nevertheless commanded me to express His Surprize at the Conduct of the Assembly of Pennsyl- vania (of which Sir Jeifery Amherst has transmitted a full Account) and His Majesty's high Disapprobation of their artfully evading to pay any Obedience to His Majesty's Requisitions; for though they with seeming Chearfulness, voted the Levy of one thousand Pro- vincials for the King's Service, yet His Majesty cannot but eon- eider their having obstinately persisted in the Bill they prepared for that purpose, to insert several Clauses which had been already disapproved of by the King in Council, & which they knew you could never consent to, consistently with your Duty to His Majesty and your Obligations to the Proprietaries. I say the King cannot but consider such Conduct as proceeding from a predeterminated Resolution not to afford any Assistance to the Service in General ; now the immediate Danger is removed from their own Doors, And the refusing at once to comply with the King's Demands, (as your Assembly has done in that most necessary Service of furnishing a proportion of Recruits for the Regular Forces, & which was so earnestly recommended to them in the King's name) or the grant- ing the Levy requested, and afterwards artfully rendering the same ineffectual, are considered by His Majesty as the same thiuj-', & cannot but equally incur his just Displeasure. And it is His Maj- esty's pleasure that you should make known to the Assembly of your Province in such manner as you shall judge most proper, these His Majesty's Sentiments of their Conduct, in order that they may not suppose that it is not seen in its true Light. I have, at the same time, the Satisfaction to assure you that the King is very sensible of your Zeal for His Service, & that you have urged, with proper Energy, every Argument and Motive to induce the Assem- bly of Pennsylvania to come to a due Sense of their Duty. " I am with great Truth and Regard, Sir, " Your most Obedient, humble servant, "EGREMONT." " Being required to make known to the Assembly of this Pro- vince, in such Manner as I should judge proper, His Majesty's Sen- timents of their Conduct with regard to His several Requisitions, laid before them the last Year; I have, in Obedience to the Royal Command, made choice of this method to communicate them to you, and have, at the same time, ordered the said Original Letter to be laid before you. "JAMES HAMILTON. " January 29th, 1763." PROVINCIAL COUNCIL. 71 A Bill entitukd "An Act for striking the sum of Five thousand Pounds in Tickets and small Bills of Credit, to be exchanged for other Bills of Credit of this Province," which had been presented to the Governor for his Concurrence, was read and considered, and the Governor concurred in Opinion with the Council, that the said Bill ought to he returned to the House, with a Message signifying his dissent thereto. At a Council held at Philadelphia, on Tuesday the 8th of Feb- ruary, 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- ernor. &ca. Richard Peters, William Logan, > t^ Benjamin Chew, 3 The three following Bills having been sent to the Governor for his Concurrence, His Honor laid them before the Board, & they were read and considered, viz'- : " An Act directing the choice of Inspectors, and for holding the General Elections in the Counties of Lancaster, York, Cumber- land, Berks, and Northampton," which was sent to the House with a Verbal Message, that the Governor agreed to it. "An Act the better to enable the Persons therein named, to hold Land, &; to invest them with the Priviledges of Natural born Sub- jects of this Province," which was returned to the House with Amendments, founded on the Petition of Nicholas Weaver, & a Cer- tificate of his taking the Oaths, which were sent with the Bill. A;>d "An Act for the Relief of Persons whose Apprentices or Servants have inlisted in the late King's or his present Majesty's Service," which was also ordered to be returned to the House, with several Ameodmeats thereto. At a Council held at Philad''- on Tuesday the 15th February, 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &"• Joseph Turner, Richard Peters, ) -p^ . William Logan, Benjamin Chew, j *^ ' The Governor laid before the Board three Bills that had been presented to him by the Assembly for his Concurrence, viz'': one entituled VOL. IX.— 2. 16 MINUTES OF THE "An ActfortheRegulationof Apprentices within this Province;" ■which was read and considered, and returned to the House with a few small Amendments. Another Bill entituled " An Act for regulating the Fines impo- sed upon the Assessors chosen or to be chosen within this Pro- vince ;" which being read and approved, was returned to the House with a Verbal Message, that the Grovcrnor agreed to it. And the other Bill entituled " An Act to limit the continuation of Actions in the Courts of Judicature within this Province ;" which was read & considered, & being disapproved, was returned to the House with the following Message : A Message from the Governor to the Assembly. " Gentlemen : "I have very carefully weighed and considered the Bill intituled ' An Act to limit the continuanje of Actions in the Courts of Judi- cature within this Province ;' I would with great pleasure concur with you in any Laws, which in my Judgement had a Tendency to promote the public Good, and the happiness of the People, but I am fully satisfied that this Bill will by no means answer those val- uable Ends; on the Contrary, from the Nature of it, in many Cases it may, and some of necessity must, be subversive of Jus- tice. " The Judges of every Court of Record have a power to make rules for the expediting & bringing to a speedy Determination all Cases depending before them, which are binding, and have the force of Laws to all Intents and purposes on the Suitors and Gentlemen of the Law, in such Courts. " In the several Courts of Judicature in England, the rules made by the Judges are different, according to their different Circum- stances & Constitutions, and are varied from time to time, and new ones made, when upon experience they are found to be defective ; If, therefore, any Inconveniences have arisen in the Courts of this Province, from the too long continuance of Actions, I cannot but be of Opinion that it is much safer to leave this Mischief to be redressed by the Courts, who are entrusted with the administration of Justice, in whose hands the Wisdom of our Mother Countiy hath lodged this power, and who ought to judge of the reasonableness of any Motion to put off a Trial, than to lay them under the ne- cessity of compelling the parties to a Trial at a certain fixed Time, let the Exigency or Circumstances of the Case be what they may ; for which Reason I cannot assent to this Bill. " JAMES HAMILTON. "February 15th; 1763." PROVINCIAL COUNCIL. 19 Tuesday the 22nd February, 1763. MEMORx\NDUM. The Assembly having presented to the Governor for His concur- rence the following Bills, entituled " An Act to enable certain Persons therein named, to erect a Court House at Easton in the County of Northampton, and to levy a Tax on the Inhabitants of the said County to defray the Ex- pence thereof ;" and ''An Act concerning Horses, Cattle and Sheep, trespassing within this Province." His Honour returned them to the House by the Secretary, with His Assent to the former & one Amendment to the latter, without any other Objection to it. Wednesday, the 23rd February, 1763. The Governor having received no answer from the Assembly to his Message of the 18th January last, sent to the House the fol- lowing Message by the Secretary, viz'- : A Messaije from the Governor to the AssemUij. "Gentlemen : " In pursuance of Orders from the Honourable Proprietaries, I moved you by my IMessage of the Eighteenth of last Month, to pass a Bill for altering and amending the Act passed in this Pro- vince, in the Year one thousand seven hundred and fifty-nine, for granting One hundred thousand Pounds to His Majesty, &ca., so as to make it conformable to the Sentiments of the Lords of the Committee of His late Majesty's most Honourable Privy Council, expressed in their Report of the twenty-eighth of August, one thou- sand seven hundred & sixty, and to the Stipulations entered into on your behalf, by your Agents in England, both which have been long since laid before you. " But as no Bill hath yet been offered to me for that purpose, & you have not been pleased to return any answer to my Message, I am under the necessity of mentioning this m'atter again, and of de- siring that you will, in your present Session, acquaint me with your Resolution, whether you will or will not comply with the Engage- ments entered into by your Agents, by passing and offering to the Governor of this Province, 'An Act to amend the aforementioned Act,' according to the Amendments proposed in the Report of the Committee of (Council aforesaid, in order that I may transmit the same to the Proprietaries, with all convenient Dispatch. "JAMES HAMILTON. << February 23rd; 1763." 20; MINUTES OF THE Friday, 25th February, 1763. The Governor received by two Members a Message from the Ilouse of Assembly in the words following, viz'' : A Message to the Governor from the Assembly. May it please your Honour. " We have taken into our most serious Consideration your Mes- sages of the 18th of January, and the 23rd Instant, which we find to be of the same Tenor with your Message of the 28th January, 1761, to which the then Assembly returned an Answer, wherein they say, after the strictest Enquiry, it appeared to them, that the Proprietaries had never received the least injury from the Act for granting one hundred thousand pounds to the King's use, passed iu the Year 1759 ; and that if it should appear to the House, that any Injustice was offered to the Proprietaries, or if the Governor, in behalf of the Proprietaries, should point out any Injury they might receive in the Execution of the said Act, they did not doubt the Assembly, for the time being, would chearfully and readily offer a Bill to the Governor to do them Justice; But as no injustice has since ap- peared to us, or been shewn by the Governor, to be done the Pro- prietaries, we are of the same Sentiments with that House, who, on the most careful Enquiry, found • that there had not been any Injustice done to the Proprietaries, or attempts made to rate or assess any part of their Estates higher than the Estates of like kind, belonging to the Inhabitants, are rated and assessed, but, on the contrary, that the}' were in many Instances rated below others / And as we find, by the returns now before us, from the several Counties, that no Change has been since made in the mode of Taxa- tion, we hope we may refer to our fornxer Message to the Governor on this Head, & more especially as the Acts by wliich their Estates are taxed, are temporary, & will expire in a few Years, by their own Limitation., ''Signed by Order of the House. '•ISAAC NORRIS, Speaker. "February 26th, 1763." At a Council held at Philad*- on Monday, the 28th FeV- 1763. present: The Honourable JAMES HAMILTON, Esquire, Lieutenant " Governor, &c*' Richard Peters, William Logan, > -p,^ . Benjamin Chew, 5 A Bill entituled "An Act for preventing abuses iu the Indian Trade, for supplying the Indians, Friends & Allies of Great Britain, PROVINCIAL COUNCIL. 21 -with Goods at more easy Rates, & for securing and strengthening the peace and Friendship lately concluded with the Indians inhab- iting the Northera and Western Frontiers of this Province," having been pi'esented to the Governor for his Concurrence, was laid be- fore the Board, read, and duly considered ; and it appearing tocou- tain a Clause directly repugnant to the judgment of His Majesty and Council, in points of the same kind, & being also liable to other Objeciions, it was amended, & the Board were of Opinion that it ;should be returned to the House with the Amendments, and the following Message which the Governor had prepared for that pur- pose. A Message from (he Governor to the Assembly. *' Gentlemen : " On considering the Bill entituled '■ An Act for preventing abuses in the Indian Trade, &ca.,' I am necessarily led to remind jou that by His late Majesty's Order in Council of the 2nd of Sep- tember, 1760, 'an Act of Assembly of this Province, passed in the Year 1759, for granting to His Majesty the sum of One hundred thousand Pounds,' was adjudged to be fundamentally wrong, and unjust in many Instances, respecting the Taxation of the Proprie- taries' Estate; and that the Engagement entered into by your Agents in England, and signed by them in the Books of the Coun- cil, (by which they undertook that the Assembly would prepare & ■pass, and offer to the Governor of this Province, an Act to amend the aforementioned Act, according to the Amendments proposed in the Report of the Lords of the Ccyincil aforesaid,) was the principal Motive and Inducement which prevailed on His Majesty to suffer that Act to stand unrepealed at that Time. " And altho' a former Assembly, before whom the said Order of ■Council was laid, did not incline to carry that Engagement into Execution, & yourselves, in your present Session, notwithstanding my Recommendation, have also declined to comply with it, yet, after so full and explicit a Declaration from the Crown, I say I little expected to find that in any future Bill for the raising of Money, you wouldjhave inserted a Clause that prescribes the very same Mode of Taxation which His Majesty in Council had pro- nounced to be fundamentally wrong and unjust, as it appears you have done by the Bill now under Consideration. " I am very sensible, Gentlemen, that a Law for regulating the Indian Trade, & to prevent those People from being ill used or de- frauded, in their Commerce with us, may be very conducive to His Majesty's Interest, and the Welfare of the Province ; and therefore, I am very well disposed to concur with ynu in enacting one for that purpose, provided it be so framed that I can, consistent with my Duty, give my Assent to it. But at the same I think it incum- bent on me to acquaint you, that in respect to pcints of this Nature, 22 MINUTES OF THE the Judgment of the King and Council has, and I trust ever will have, such Weight and Influence with me as to prevent my acting in direct Opposition to it. " I flatter myself that, on reflection, you will be of Opinion that I could not be justified in departing from the rule of Taxation^ which, after mature Deliberation, has received the Approbation & Sanction of so wise and august a Body as that of the Council Board j and that you will either alter the Bill herewith sent down, so as to make it conformable to the abovementioned Order of Council, or consider of some other less exceptionable means to secure the Money which the Commissioners for the Indian Trade may have occasion to borrow; And that no time may be lost, I have ordered the Secretary to lay before you some Amendments, which appear to me necessary to be made in the other parts of the Bill. '' JAMES HAMILTON. "February 28th, 1763." A Bill entituled " An Act to prevent and remove certain nu- sances in & near the City of Philadelphia," was also laid by the •Governor before the Board, read & considered, and several Amend- ments being made thereto, it was ordered to be returned to the House with the same. A Bill entituled *' A Supplement to the Act entituled 'An Act for regulating, pitching, paving, & cleansing the Highways, Streets, Lanes, and Alleys, & for regulating, making, & amending the Water Courses and Common Servers within the Inhabited and settled parts of the City of Philadelphia, & for raising of money to defray the Expence thereof,' " being presented to the Governor for his Concur- rence, was read and considered,*& ordered to be returned to the House with some Amendments. The four following Bills having been presented to the Governor "by the Assembly for his Concurrence, were also laid before the Board, read, and approved, and the Secretary was directed to carry them down to the House, with a verbal Message that the Governor as- sented to them, viz'-: " An Act for erecting a House of Correction in the County of Lancaster." " A supplement to the Act entituled ' An Act for opening and better amending & keeping in repair the publick Roads & Highways within this Province.' " " An Act tor altering and enlarging the time of holding the Courts of the General Quarter Sessions of the peace & Gaol delivery, in the County of Bucks, & fir enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Gaol Delivery in the County of Chester." " An Act to continue an Act entituled ' An Act for regulating Waggoners, Carters, Draymen, & Porters, within the City of Phi- ladelphia, & for other purposes therein mentioned.' " PROVINCIAL COUNCIL. -23 Thursday, the 3rd March, 1763. MEMORANDUM. The Assembly having requested the Governor, by a Verbal Mes- sage, that he would appoint two members of Council to compare the Bills which had received his assent, with the engrossed Copies, His Honour named Richard Peters and Thomas Cadwallader, Esq"' for that purpose, who, with two members of the House, examined and compared the same in the Afternoon, and His Honour appointed to-Morrow at 12 o'Clock, for the attendance of the House, in order to enact thezu into Laws. Friday, 4th March, 1768. The Governor, by His Secretary, acquainted the Assembly that he required the attendance of Mr. Speaker, & the Gentlemen of As- sembly, in the Council Chamber, to pass the Hills to which he had given his Assent. Accordingly, the Speaker, and the whole House, attended in the Council Chamber, where his Honour enacted fifteen Bills into Laws, and signed a Warrant for affixing the Great Seal thereto. The Titles of the several Laws passed are as follow, viz*-: 1. "An Act to continue an Act entituled ' An Act for regulating "Waggoners, Carters, Draymen, and Porters, within the City of Phi- ladelphia, &ca." 2. " An Act for erecting a House of Correction in the County of Lancaster." 3. " An Act for altering and enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Gaol Delivery, in the County of Bucks, & for enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Goal Delivery, in the County of Chester." 4. " A Supplement to the Act entituled ' An Act for opening and better amending and keeping in repair the Publick Roads and High- ways within this Province ' " 5. " An Act directing the choice of Inspectors, & for holding the general Elections in the Counties of Lancaster, York, Cumberland, Berks, and Northampton." 6. " An Act concerning Horses, Cattle, & Sheep, trespassing with- in this Province." 7. " An Act to prevent and remove certain Nusances in & near the City of Philad*" 8. " An Act to enable certain persons therein named to Erect a Court House at Easton, in the County of Northampton, &- to levy a Tax on the Inhabitants of the said County to defray the Expence thereof." 9. " An Act for the regulation of Apprentices within this Pro- vince." M MINUTES OF THE 10. " An Act the better to enable the Persons therein named to hold Lands, & to invest them with the Privileges of natural bom Sabjects of this Province." 11. ''An Act for the relief of Persons whose Apprentices or Ser- vants have inlisted in the late King's or His present Majesty's Ser- vice." 12. "An Act for regulating the Fines imposed upon the Asses-* Bors chosen, or to be chosen, within this Province." 13. "An Act for enlarging & extending the Southern District of Darby Marsh or Meadow Ground." 14. "A Supplement to an Act entituled 'An Act to enable the Owners & possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the Counties of Philadelphia & Ches- ter, to keep the Banks, Sluices, and Floodgates in repair, and to raise a Fund to defray the Expenee thereof." 15. " A Supplement to the Act entituled ' An Aet for the regu- lating, pitching, paving, & Cleansing the Highways, Streets, Lanes, and Alleys, & for regulating, making, and amending the Water Courses and Common Sewers within the Inhabited and Settled parts of the City of Philadelphia, & for raising of Money to defray the Expenee thereof.' " The Speaker then acquainted the Governor that some further Bu- siness having come before the House this Morning, they intended to make a short Adjournment to the 28 of this Instant, March, in- stead of that to the 12th September, which they had Yesterday pro- posed. And His Honour having no objection thereto, the House made their Adjournment accordingly. At a Council held at Philad*- on Saturday, the 2nd April, 1763. PRESENT. The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- ernor, &ca. Hichard Peters, William Logan, ) t^ „ Benjamin Chew, | ^^^ ' The Assembly, having met on the 28th March last, pursuant to Adjournment, sent up to the Governour for his Concurrence the two following Bills, intituled 'An Act for preventing abuses in the Indian Trade, & for securing & strengthening the Peace & friend- ship lately concluded with the Indians inhabiting the Northern and Western Frontiers of this Province ;" And, " An Act for the better regulating the Keepers of Inns, Taverns, and other Houses of Entertainment, and more effectually to pre- vent the keeping Publick Houses without Licence, & to suppress Immorality within this Province;" which Bills being read and con- Bidered, the former was returned by the Secretary with one Amend- PROVINCIAL GOUNCIL. 25 ment, & the latter, with the following Message to the House, re- fusing the Governor's Assent. A Message from the Governor to the Assemble/. "Gentlemen: " Being well assured that the Laws relative to the keeping of Publick Houses within this Province, are fully sufficient to answer the Purposes of preserving good Order and Reguiaritj in them ; and that were the Justices made acquainted, from time to time, with any Transgression of the said Laws, they would readily use their Authority tq enforce the Execution of them, and punish the Offenders. I cannot think the Provisions in the Bill intituled 'An Act for the better regulating Inns, Taverns,' &ca., sent up for my Concurrence, to be at all necessary, & therefore cannot give my assent to the said Bill. "JAMES HAMILTON. " April 2nd, 1763." EODEM DIE, P. M. The Governor, having appointed this afternoon for the passing of the Indian Trade Bill, sent a Verbal Message to the House by the Secretary, that he waited in the Council Chamber for that purpose, & required the attendance of the House. The Speaker and the whole House attended, accordingly, and presented to the Governor the Bill entituled " An Act for preventing abuses in the Indian Trade, and for securing and strengthening the Peace and Friend- ship lately concluded with the Indians inhabiting the Northern and Western Frontiers of this Province," which His Honour enacted into a Law, and signed a Warrant for affixing the Great Seal thereto. The House afterwards adjourned to Monday, the 12th day of September next. At a Council held at Philadelphia, on Wednesday, 1st June, 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &;ca. Benjamin Shoemaker, William Logan, ? u rs. Bichard Peters, Thomas Cadwalader, 3 ^^ The following petition of Bias Antonio Hernandez Factor, on Board the Ship Constanza, Commanded by Don Francisco Ar- 26 MINUTES OF THE maolea, from the Havanna, was this day presented to the Governor, with the Captain's protest that the said Ship had Sprung a Leaque at Sea, which obliged her to put into the Port of Philad^- His Honour, in pursuance thereof, sent for the Naval Officer and Col- lector, & on finding the several matters set forth in the said Peti- tion & Protest to be reasonable and just. Agreed that the said Ship should be permitted to unlade in this Port, under the inspection of the Custom House Officers, who had already put Waiters on Board her, and ordered that her Cargo should be deposited in a Store until the Ship be repaired and made fit for the prosecution of her Voyage, and that one Key of the same be kept by the Col- lector, and another by the Naval Officer. '^To the Honourable JAMES HAMILTON', Esquire, Lieuten- ant Governor and Com'inander-in- Chief of the Province of, Pennsyvania, and Counties of New Castle, Kent, and Sussex, on Delaware. *' The humhlt Petition of Bias Hernandez, Merchant^ Owner or Fac- tor on board the Ship called the Constanza, otherwise St. Antonio, de padua, from the Havanna, & ichereof Don Francisco Ar- maolia is Mastr. : ^'■Sheweth: " That, on or about the twenty-eighth day of April now last past, Your Petitioners sailed in and with the said Ship from the Ha- vanna aforesaid, having a Cargo of sundry Merchandize on board, bound on a Voyage to the Port of Cadiz, in Old Spain ; That in prosecution of such Voyage, in the Latitude of Thirty degrees three Minutes North, and Longitude of about Two hundred ninety-seven degrees fifty-two Minutes P]ast from the Meridian of Teneriffe, the said Ship sprung a Leak, at which she made so much Water as to be incapable of proceeding the said Voyage, & obliged them to put into this Port of Philadelphia (being the nearest) to refit; the par- ticulars of all which, appears by the said Master's and Manner's protest, regularly made at New Castle, &; herewith laid before your Honour ; Your Petitioner, therefore, prays your Honour to permit him to unlade the said Ship, in order to examine, repair, and make her fit to prosecute the said Voyage, and afi'ord him such other Re- lief in the Premisses, as shall be necessary for the purposes afore- said. And your petitioner will ever pray, &ca. ''BLAS ANTONIO HERNANDEZ. '^Philad^' 1st June, 1763." The Gov''- appointed Mr John Gibson, Merch'- to transact all the necessary Business relating to the said Ship and Cargo, as Factor or Agent for the owner, during her continuance in this Port. PROVINCIAL COUNCIL 27 The 2(1 June, 1763. MEMORANDUM. The Governor having received fresh Complaints from the Indians at Wyoming, that the Connecticut Tresspassers were still obsti- nately prosecuting their Settlement on the' Lands there & at Cushictunk, thought proper this day to issue a third Proclamation, requiring those Intruders forthwith to remove from the said Lands. His Honour likewise, the better to enforce his Proclamation, by a special Commission, appointed James Burd & Thomas McKee, Esq™' Justices of the Peace, and gave them written Instructions to proceed to Wyoming, and, having convened the people, settled there publickly to read the Proclamation, and to use their utmost En- deavours, by Expostulations & Arguments, to prevail on them to relinquish their Scheme of settling the Lands there, and to depart peaceably without Delay; otherwise to cause some of the Principals to be apprehended and carried to the Goal at Lancaster. *^Bi/ the Honourahle JAMES JT^iVILTON, Esquire, Lieutenant Governor & Commander-in-Chief of the Province of Pennsyl- vania, and Counties of JVeiccastle, Kent, and Sussex, upon Dela- ware. " A PROCLAMATION. "Whereas, divers Persons, the natural born Subjects of His Majgsty, belonging to some of the Neighbouring Colonies have, without any Licence or Grant from the Honourable the Proprie- taries of this Province, or Authority from this Government, made several Attempts, in Bodies, to possess themselves of & settle upon a large Tract of Land within the limits of this Pro- vince, not yet purchased from the Indians, lying at and be- tween Wyoming, on the River Susquehanna, and Cushietunck, on the River Delaware, and in the upper parts of Northampton County ; and have also endeavoured to persuade and inveigle many •of the Inhabitants of this and the neighbouring Provinces to con- federate and join with them in such their illegal and dangerous De- signs, and to assist in settling & holding the said Lands by strong hand; And Whereas, the Delawares and other Tribes of Indians who reside within that Tract of Country between Wyoming & Cushietunck, and also the Six Nation Indians, have, as well at pub- lic Treaties as at divers' other Times, repeatedly made Complaints and Remonstrances to me against the said Practices and Attempts, & in the most earnest manner requested & insisted that the said Intruders should be removed by the Government to which they be- longed, or by me, & declared if this was not done the Indians would come & remove them by Force, and do themselves Justice ; but de- sired that the said Intruders might be previously acquainted there- 28 MINUTES OF THE with, that they might not pretend Ignorance ; Aad Whereas, not- withstanding I have already issued two Proclamations, viz'' the first dated in February 1761, & the second dated the 16th day of Septem- ber following, to apprize the said Intruders of their danger, and to forbid their settling on the said Lands and strictly enjoining & requiring in His Majesty's Name, all those who had presumed to settle on any part thereof, immediately to depart & move away from the same ; yet I have lately received Information and fresh Com- plaints from the said [ndians that divers Persons, in contempt of such my several Proclamations, and the Threats of the Indians, do still persist in their said Design, and are now actually settling on divers parts of the said Lands about Wyoming and Cushietunck. " Wherefore, as well to continue my endeavours to preserve the Peace and Friendship which is now so happily restored and subsist- ing between us and the Indians, and to prevent the mischievous and terrible Consequences of their carrying into execution such their Threats, from which I am greatly apprehensive the Indians cannot any longer be restrained, if the said Intruders shall not immediately relinquish their Designs of settling the said Lands, as also again to warn any of the Inhabitants of this Province from being unwarily drawn in to join the said Intruders in such their unjust designs of making Settlements in the said Indian Country, I have judged it proper, before any Force shall be used against the said Intruders, by and with the advice of the Council, to issue this my Third Proc- lamation, hereby again strictly enjoining & requiring in His Majes- ty's Name all and every person and persons already settled and resid- ing on the said Lands (Indians excepted) immediately to depart and move away from the same. And do hereby forbid all His Majesty's Subjects of this or any other Province or Colony, on any pretence whatsoever, to intrude upon, settle or possess any of the said Lands, or any other Lands within the Limits of this Province not yet pur- chased of the Indians, as they will answer the contrary at their Peril, and on pain of being immediately prosecuted with the utmost Kigour of the Law. And hereby also strictly charging, enjoining & requiring all Sheriffs, Magistrates, Peace Officers, and all other His Majesty's liege People within this Province, to exert themselves and use their utmost Endeavours to prosecute and bring to Justice & condign Punishment^ all Offenders in the Premises. ^' Given under my hand and the Great Seal of the said Province, At Philadelphia, the second day of June, in the Year of our Lord, one thous''' seven hundred & sixty-three, and in the third year of the Reign of our Sovereign Lord George the 3rd, by the Grace of God of Great Britain, France, & Ireland, King, Defen- der of the Faith, &'=^- forth. "JAMES HAMILTON. "By his Honour's Command, JosEP-n Shippen, Jun'' Secretary. "GOD SAVE THE KING." PROVINCIAL COUNCIL. 29 Instructions from the Governor to James Burd, & Thomas McKee, Esq"- ^^ By the Honourahh JAMES HAMILTON, Enquire, Lieutenant Governor, and Commander-in-Chief of the I^rovince of Penn- si/hania, & Coiinties of Newcastle Kent, and Sussex, on Dela- ware. " To James Burd & Thomas McKee, of the County of Lancaster, in the said Province, Esquires, Greeting. "Gentlemen : " I have hitely received Intelligence with fresh Complaints from the Indians at Wyoming, that the Connecticut People still persist in prosecuting their Scheme of settling the Lands about Wyoming, and at & about Cushietunck ; And with the advice of the Council, I have thought it proper to issue a third Proclamation on that oc- casion, & to desire that you ■will immediately take a Journey to Wyoming, -with such assistance as you shall judge proper to take along with you, and use your best endeavours to pursuade or drive away all the White People that you shall find settled, or about to settle there, or on any Lands not yet purchased from the Indians. " Before you shew yourselves amongst them, you will gain all the Information and Light you can into their Designs, what their numbers are, & learn the names of as many as you can ; where set- tled, or about to settle; What numbers (and from whence) they expect to join them "On your arrival amongst them, you will convene the heads of them, & after reading the Proclamation, expostulate with them about the Injustice, Absurdity, and Danger of their attempting to settle there, and let them know that I expect and require of them by you, that they shall all immediately Depart and quit their Set- tlements, and if they shall agree to go away peaceably, You will then after their departure, see all their Buildings and Improve- ments destroyed ; and in case they refuse to comply, You will then acquaint them that they may rest assured that besides the danger they may be in from the resentment of the Indians, this Govern- ment will never permit them to continue there; and that therefore it would be most advisable for them to return peaceably to their own Country, & desist entirely from their design of making any more Settlements there. " If you find these Expostulations and persuasive means shall not succeed, & that you can do it without danger of Resistance from a Superior Force, & the risque of Bloodshed (which by no means hazard) I would have you, either by Stratagem or Force, to get three or four of the ringleaders, or others of them, appre- hended and carried to the Goal at Lancaster, sending with them a 30 MINUTES OF THE proper force & Mittimus under your hands & Seals, there to wait my further Orders. " And if that cannot be done, you will endeavour to get the names of as many of them as you can, in order that they may be prosecuted at Law, and further measures taken with them, as shall at your Return be judged most proper. For this end I have armed you with a special Commission, constituting you Magistrates of the Counties of Northampton, Berks, and Lancaster, but I im- maginc, the Lands where they are settling must be in Northamp- ton County. " You will please to keep a Journal of your Proceedings, and on your return report the same to me in writing under your hands, with an Account of your Expences, that orders may be given for the discharge thereof. " Given under my hand & Seal-at-Arras, at Philadelphia, the second day of July, Anno Domini, 1768. "JAMES HAMILTON." At a Council held at Philadelphia, on Monday the 20th June, 1763. PRESENT : The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &c^- William Logan, Richard Peters, '\ Thomas Cadwalader, Benjamin Chew, >• Esquires. Joseph Turner, ) The Governor laid before the Board sundry Letters of Intelligence from the Frontiers, containing Accounts of Hostilities committed by the Western Indians, on His Majesty's Subjects within this Province, & of the Suspicious Behaviour of the Indians settled on the upper parts of the Susquehanna. The said Letters were sever- ally read, &l were fi'om the following Persons, viz'": One from Lieut. Sam'- Hunter, to Col. Ja'- Burd, dated at Fort Augusta, loth June. Ditto from Lieut. Caleb Graydon, to Ditto, dated D' 15 June. Ditto from Mr. Geo. Croghan, to the Governor, Shippensburg, 11 June. Ditto from Mr. Joseph Shippen, Jun'-' Sec^' to J)"' dated at Har- ris's Ferry, inclosing a list of the Indians now living on the North West Branch of y^ Susquehanna. Ditto from CoP' James Burd, to the Governor, dated at Hunter's Fort, 17 June. Ditto from Col. Boquet, to Ditto, dated , 19 June. Ditto from Capt. Ourry, Command^ at Fort Bedford, to the Governor, dated 10 June, 17G3. PROVINCIAL COUNCIL. 31 At a Council held at Philadelphia on Thursday the 23rd June, 1763. PRESENT : The Honourable JAMES HAMILTON, Esq^- Lieut'- Governor, &ca. Esq" Benjamin Shoemaker, Benjamin Chew, William Logan, Thomas Cadwalader, The Governor laid before the Council several Letters received by him last Night, from the Frontiers of this Province, giving him in- formation of new Murders & Depredations lately committed by the Indians on divers of his Majesty's Subjects on the said Frontiers, and represented that the remainder of the Money granted to His Majesty by the last Supply Bill, subject to the disposition of the Governor and the Provincial Commissioners, was expended; the Council thereupon advised the Governor to summon the Assembly as soon as possible, and lay before them the Intelligence he has re- ceived, and the great danger the Province is in from the Indians, that they may provide for the Publick Security; And His Honour concurring in Opinion with the Council, ordered Writts to issue for summoning the Assembly to meet on the 4th day of July next. Tuesday, the 5th July, 1763. The Assembly having met yesterday, pursuant to the Governor's Summons, issued on the 2ord June, His Honour sent to the House by the Secretary, the following Message, with Letters therein re- ferred to, from Sir Jeffery Amherst, dated the 12th & 25th June last, & sundry others, containing matters of Intelligence concerning the late Incursions & Depredations committed by the Indians on the Frontiers. A Message from the Governor to the Assembly. " Gentlemen : *• Being sensible how very inconvenient your attendance in As- sembly at this Season, must be to your private affairs, nothing less than the most urgent necessity, and an immediate want of your assist- ance for the publick Safety, could have induced me to call you to- gether before the time to which you stood adjourned. "At a Time when, by the happy success of Ills Majesty's Arms, and the Wisdom of his Councils, a peace, equally glorious to his 32 MINUTES OF THE Crown, and beneficial to His Subjects in all Quarters of the World, hath been lately concluded; & while we were filled with the pleasing hopes of reaping the just fruits of the excessive Labour and Ex- pence, which have been bestowed in eff"ecting that great & Salutary work, it gives me the utmost concern to be obliged to acquaint you that our Toils are not yet come to an end, but that fresh troubles have arisen from a Quarter whence we had little reason to expect them, and which, if not timely repelled, or otherwise composed, may again deluge this Country with Blood & Rapine. " It is now about a Month since we were alarmed by accounts from the commanding officer at Fort Pitt, that Murders and other Hostilities had been committed by Indians (but of what Tribe or Nation was not known) on many of His Majesty's Subjects in those parts, some of them almost within sight of the Fort; and that they had even been hardy enough to assault IJis Majesty's Posts of San- dusky and Detroit, in the former of which they had succeeded, & put great part of the Garrison to the Sword, but had happily failed with respect to the other; all which accounts have been since con- firmed. "Immediately, on receipt of these advices, I thought it incumbent on me to provide for the Security of the important Garrison of Augusta, by reinforcing it with a considerable number of men, & putting the Frontiers into as good a State of Defence as the short- ness of the time would allow; both which Services, with the Con- currence of the Provincial Commissioners, have, in a good Measure, been accomplished out of the remainder of the last Supply granted to His Majesty, then undispos'd of; and I am in hopes that it is at present in a Condition to withstand any Attack that may be made upon it by Indians. "As, after the first Blow that was struck, no further Depreda- tions were, for some time, heard of, I was in hopes it was rather the effect of private Resentment, than of a general Combination of the Indians to make war upon these Colonies, but the Cruel Murders that have since been committed, not only upon our Traders, but upon several new settled Families, far within the purchased parts of the Province, without the least Provocation from the unhappy sufferers, too plainly evince these Hostilities to be the efiiect of some concerted Plan, which, whether so extensive or not as was at first apprehended, has nevertheless been attended with all the bad eff"ects that could have resulted from a general Combi- nation, the loss of lives only excepted, in as much as from a Dread of being cruelly butchered, the miserable People throughout almost the whole Frontiers of the Pi-ovince have been induced to desert their Settlements with the utmost Precipitation, together with all their Worldly Substance, and to take refuge in the interior Parts, where it cannot but be extremely burthensome to the Inhabitants to sup- port them. "Under these Circumstances, repeated Applications have been made to me for Succour, on behalf of those who are now become PROYINCIAL COUNCIL. S3 the Frontier Inhabitants, in order to enable them to make a stand, and repel the Enemy, in case they should be attacked, as well as to cover the Reapers in the time of, their approaching Harvest, by means whereof they are in Hopes of being able to secure a con- siderable part of the Crop now in the Ground, which is absolutely necessary for the subsistence of the Country. " But as it is not in my power to afford them an effectual aid, without the assistance of your House, I have called you together, to give you an opportunity of consulting and providing for the Publick good & safety, and do most earnestly press you, that you will, with as little Loss of time as possible, enable me to raise a Body of Men for the purpo-3es aforesaid, as well as do every other thing that may be thought necessary for the protection of the Country at this dangerous and critical Juncture. " His Excellency Sir Jeffery Amherst, Commander-in-Chief of His Majesty's Forces in North America, hath done, and is now doing everything in his power for securing the important Posts to the V^estward, and to that end, hath sent thither as considerable a Body of regular Troops as the present weak state of the Army under his Command will admit of. But as the full protection of so extensive a Frontier will require a much greater number of Men than he can possibly spare, 5'ou will see by his Letter of the 25tli of June, which I now lay before you, what it is he expects we will do for our own Defence, And as every particular therein appears to me extreamly reasonable, & even absolutely necessary, I beg leave to recommend the Contents to your immediate Consideration & Compliance ; And in particular, that you will forthwith pass a Bill for compelling the Inhabitants to furnish Carriages, &ca.,for His Majesty's Service; as, without such an authority, it will be difficult, if not impracticable, to transport such quantities of Pro- visions and Stores as may be necessary for the Subsistance & Preser- vation of the King's Garrisons. " I have only to repeat my Request, Gentlemen, that whatever you shall think pi-oper to do upon this occasion, may receive all the Bispiitcli the Nature of the thing is capable of, as I am apprehen- sive that without some speedy Encouragement on the part of the Legislature, the Frontier Settlements will be entirely abandoned^ and left a prey to the Enemy. <'JA,MES HAMILTON. ■ " July 4th, 1763." VOL. IX.— 3. M MINUTES OF THS A Letter fr&m General Amherst to the Governor. , «Ns.w York, June J2ih, 1763. " Od the Intelligeaee received from CoL Boquet, of the 'bad Id- *entioiis of the Indiansy I have thought it necessary to sead two Gosapanied, under the Command of Major Carapbell, towards Phila- (^elphia^ that the CoL ciay employ thera as he may judge best on the CommuDieation. It is paiTticularly ineonvsaient at this time^ ■when I am in hoyrly espestatioa of rsgeiving Di?8ctioas from Home, for the general ArraHgem-eat of the Troops io this Country, but I eorald Bot hesitate a laomeat in sendiiig what assistance I can spare^ wbea tbe Inhabitanta seem to be in Baagerfjom the atteaipts- of the- Savages. "Colonel Be^uet a^quasiatsme thsst youiBtendei' to apply toyo^r Cou-ncil for some Men to send to the support of the Oarrison- of Fo7t Augxtsta^ & I Batter SBysslf your applicatioa will be atiended with- success. Surely if the Province have the least Regard for their fellow Subjects^ they will chearfully lend their assistance at a time when there appears jreal Banger from a sett of Sayages^ who shew m> Merej in their Depredations. '■^ I am, with great Regard, Sir^ " Your Mo&t Obed*^' Hum-- Serv"' '^ JEFF. AMHERST." Jl Ifhd Let^T from General Aniherii to tTis Gomrm^r, " New Yosk, June 2&th^ 176S". "Sir: " As it 20-!^ appears from tlje Intelligence reeeiTed lrom^ all Quaif-' ters, that the Indians seem determined to pusb their Depredation3;r owing, I suppose, to some advantages they have gained over Strag- gling parties of Traders, and a false hope of the Detroii: and the upper Posts being cut of, I think it my Indispensable L'uty onee »ore to renew my Instances with you, to lose no time in Gulling yo-ar Assembly, k pressing them to enable you to raise, with thi- Tatmost Dispatch, a Body of Men to bs employed in the Defence aad protection of the Frontiers. " Capf- Curry writes me that there are many of the Inhabitants ijear Bedford, who are ready to enter into the Provincial Service. Should you be enabled to issue Commissions, which I hope you will he, no time shoaild be lost in sending proper Orders for recruiting, those Men, as well as for forwarding any others that laay enlist as- fast as raised, to the Commuaicatio!^' above. "I find Mr. Croghan has very judiciously engaged twenty-five- Mes to Garrison Fort Littleton, and I EioJse no doubt but the Peo- PROVINCIAL COUNCIL. 35 vince will readily defray the Expence of those Men, so long as it may be judged necessary to continue them. "There is one thing more which I have to lay before you; I mean the necessity of procuring a Law to compel the Inhabitants to furnish Carriages, as Colonel Bouquet writes me, without such an Authority, he despairs of being able to get on with the Troops, ■& such a quantity of Provisions as will be absolutely necessary for their Subsistance. This, therefore, will admit of no Delay, and I ■am persuaded you will give it the utmost dispatch, that this mo3t essential Service may not be retarded when it is in the power of the Legislature to remove the Difficulty. " I am with great Regard, Sir, "Your most Obed'- hum''- Servant, " JEFF. AMHERST." 6th July, 1703. The Governor laid before the House a Letter received by Express from Col*^ Bouquet, at Carlisle, which follows in these words: ^'Sir: "I am sorry to acquaint you that our Posts at Presque-Isle, Lc Beuf, and Venango, are cut off, and the Garrisons Massacred by the Savages, except one Officer & Seven men, who have escaped from Le Beuf. Fort Pitt was briskly attacked on the 2'2nd; had only a few Men killed & wounded, & dispersed the Enemy. Fort Ligo- nier has likewise stood a vigorous attack, by means of some Men who reinforced that small Garrison from the Militia of Bedford. The Indians expect a strong Reinforcement to make new attempts on these two Post. " If the Measures I had the Honour to recommend to you in my 'Letters of Yesterday, are not immediately put into Execution, I foresee the Ruin of the part of the Province on this side Sasque- hannah, & as York County would be covered by Cumberland, I think they ought to joiu iu assisting to build some Posts, and sav- ing the Harvest. It would not be less necessary to send imme- diately arms and Ammunition to be distributed to the Inhabitants to ■defend their Reapers. " I have the Honour to be. Sir, " Your most Obed'' Humble Serv'- " HENRY BOQUET." 36 . MINUTES OF THE Thursday, 7th July, 1763. Two Members of Assembly waited on the Governor with a Copy of two llcsolves made by the House, which are as follows, viz'- : " In Assembly, July 6th, 1763, A. M. "The House resumed the Consideration of the Governor's Mes- sage, which, with the several Letters of Intelligence attending it, was read again, and after some time spent therein, ^' Resolved, " That it be recommended to the Governor and Provincial Com- missioners, to take into the immediate pay of this Province, any number of the Back Inhabitants and others, not exceeding Seven hundred men, exclusive of those already in the service of the Gov- ernment, to be divided, stationed, & employed in protecting the Frontier Inhabitants, within the purchased parts of the said Pro- vince, during the time of Harvest, or until the next Meeting of this House, '•' Resolved, " That if the sum of Money now remaining in the Publick Treasury, should prove insufficient to defray the Expence of raising the aforesaid Number of Men, this House will, with the Assent of the Governor, supply the Deficiency at their next Meeting.". Escf At a Council held at Philadelphia, on Friday the 8th July, 1763. PRESENT : The Honourable JAMES HAMILTON, Esq^ • Lieut'- Governor, &c'- Kichard Peters, Benjamin Chew, Thomas Cadwalader, The Governor laid before the Board two Bills, which the House sent up for His Honour's Concurrence, vizt. : " An Act for regulating the Hire qf Carriages to be employed in His Majesty's Service.'' " An Act for regulating the Officers and Soldiers in the pay of this Province." And the same being read & approved, were sent by the Secretary to the House, with the Governor's assent. His Honour at the same time sent the following Message to the House, viz'- : A Message from the Governor to the Assembly. " Gentlemen : " In the course of the present Year a great deal of Publick Busi- ness hath been transacted by me, and, 1 believe, as many useful Laws PROVINCIAL COUNCIL. 37 enacted as by any of my predecessors in the same space of time, yet I have not understood that any Allowance hath hitherto been made to me for my Support, as hath been customary in this Province. I therefore beg leave to recommend this matter to your Considera- tion. "JAMES HAMILTON. "July 8th, 1763." The House then sent two Members to the Governor, to know at ■what time His Honour would be pleased to pa^s the said Bills; And the Governor desired them to acquaint the House that he should be ready in the Council Chamber at Half an Hour after 12 this after- noon, for that purpose. EODEM DIE, 12^ o' Clock. The Governor, by His Secretary, acquainted the House that he waited in the Council Chamber, & required their attendance there, in order to pass the Bills, which had received his assent. The Speaker & the whole House attended accordingly, & presented to the Governor the Bill entituled "An Act for regulating the hire of Carriages to be employed in his Majesty's Service," And a Bill en- tituled " An Act for regulating the Officers and Soldiers in the pay of this Province;" which His Honour enacted into Laws, & signed Warrants for affixing the Great Seal thereto. The Laws were or- dered to be deposited in the Roll's Office after they were Sealed. Mr. Speaker then presented to the Governor a Certificate for .£500, towards his Support for the Current Year, for which His Honour thanked the House. The House adjourned to Monday the 12th September nest. At a Council held at Philad"' on Monday, the 25th July, 1763. PRESENT : The Honorable JAMES HAMILTON, Esquire, Lieutenant Oovernor, &c*- William Lngan, Richard Peters, | Esquires. Joseph Turner, Thomas Cadwalader, j " 1 The Governor having received by the Pitt Pacquet, from the Right Honourable the Earl of l^gveraont, one of His Majesty's prin- cipal Secretaries of State, the King's Proclamation of the Peace, with His Lor^Iship's Letter, dated at Whitehall, 26 March, 1763, signifying His Majesty's Commands to have the same published in all proper places within his Government, laid them before the Board, which were read, and are as follow, viz'-; 38 MINUTES OF THE A Letter from tlie R'ujlit Honourable the Earl of Egremont, to the Governor. "Whitehall, 26th March, 1763. "Sir: " His Majesty having been pleased to order the Peace to be pro- claimed in the usual manner on Tuesday last, I have the King's Commands to transmit to you, herewith inclosed, the Proclamation issued on that occasien, & am to signify to you His pleasure that you cause the same to be published in all the proper places within your Government, To the End, that all His Majesty's Trading Sub- jects do take notice of His Royal Will and Pleasure therein, and conform themselves thereto accordingly. " I am, with great Truth & Regard, Sir, " Your most Obedient Humble Serv'- EGREMONT, " L'- Gov''' of Pennsylvania." "J5y the King. "A PROCLAMATION. " George R. " Whereas, a definitive Treaty of Peace & Friendship between Us, the Most Christian King, & the King of Spain, to which the King of Portugal hath acceded, bath been concluded at Paris, on the tenth day of February last, & the Ratifications thereof have been exchanged upon the tenth day of this Instant March ; In Confor- mity thereto, We have thought fit, hereby, to Command that the same be published throughout all our Dominions; And We do De- clare to all Our Loving Subjects our Will and Pleasure, That the said Treaty of Peace and Friendship be observed inviolably, as well by Sea as Land, and in all places whatsoever; strictly charging & commanding all our Loving Subjects to take Notice hereof, & to conform themselves thereunto accordingly. " Given at our Court at St. James's, the twenty-first day of March, one thousand seven hundred and sixty-three, in the Third Year ol our Reign. "GOD SAVE THE KING." His Honour also laid before the Council, the Draught of a Proo lamation to be issued here, which was read and approved, and it was agreed that the same should be published at the Court House, PROVINCIAL COUNCIL. m tLtifi day at 12 o'Clock, aed priated in t-ke PeEBsylvanla Gaiette J.ti(i ^fouruai. The Proclamatiea follows m these worda, viz": ■(* By the H(Moiim.Ue J^MES EAMILTOM, Esqmre^ LkwfetKmt Governor, <& G<}mniander-m-Ckujf of the Province of Pennsffi- vania^ and CovMtles of Newcasde^ Keait, «^ Sussex, upon Delm- tffare. ^'APE0CLAMATI02»r. " Wheseas, 'His Majeety kath latdy b&sn graciously pleased to issue his Royal Proeiamatioa iii the words fellowing. viz' : ^'Grecrge R. " Whereas, a Definitw-e Treaty af Pea^ce .&nd Frieads!i],p be- tween «s, the laost Chrietian KiEg, &i the KiEg of Spain, to whic&. the King of Portugal hath acceded, hath been -eoBclu.ded at Parifi, on the lOth day of February last, and the Ratifications thereof, itave beea exchanged upon the tentk day 'of this Instant, March; Iel donformity thereunto, We have thought St fcec'eby to command that the eauie 'be published tiroJJEghott all oar Dosiaiensj And we ■do declare to all o^r loving Subjects otii- Will and Pleasure, that the said Treaty of Peace and FficEdshiip be Gbserved inviolably, as well by Sea as Land, & in all places whatsoever, strictly charging ■& consEaandiog all our loving Subjects to take aoti^jc hereQ£, amd 60 ^oaforia themselves thereunto aocordiagly. '^^ Given 8Li our 'Court, at St. Jamies's, tke twenty-first day of Marcfi, one tiiousand sevea hiiadred & Sixty-djree, in tke third Fear of our Reiga,'' "And Wkef^G&, A Copy of 'fhe asM Proclaeiatiosa h&th hoGii traEsmitted to me by the llight KoEOurafeic, the Earl cf EgreiaooT, one of his Maiiesty'g Principal Secretaries ■«€ State, who hat^h signi- fied to me that it is His Majesty's Wiill and Pleasure, tfeat the same should fee pufcliehed at all the proper places in my Govents- mentj I have, therefore, ia <}bedaen<;e t® the Royal Ordec sigadiied to me as aforesaid, with the advice of tke CoHHcil, caused the said ProckEaatioE to be this day p^bilished, a©(5, do hereby stricdyctarge and command all his Majesty'-g Subjocte, within this Proviace, to lake Eotice of His Reyai WiJi and Fleasufe thereia, aad ccnforta tbeiaeeives thereto aecordiflgly, •^' GitKn under jay hacd, and the Said Brsvinee ^f PeKasylvaEis,, at Philadelphia, this twenty -fifth day of July, in the tliird year of the S.eiga of our Sovereiga Lord, George tl^e tJiird, King of Esquires Richard Peters, Thomas Cadwalader, 5 John Curtis, ^ Sam. Curtis, |- Nanticoke Indians. Jemmy Nappire, ) PROVINCIAL COUNCIL. 45 Jolin Curtis, addressing himself to the Governor, spoke as fol- lows : " Brother : " i thought, when I came here, that there would have been an Interpreter in Town, and as I do not speak English well, I am afraid I shall not be understood, '' Brother : " Listen to the Wighalousin Indians, Papounan sends a Mes- sage by me, to the Governor, in behalf of them. " Brother : " We do not understand why there should be any Difference be- tween us. We have considered this matter well, and are sur- prized at the Disturbances that have lately been made by other In- dians, We cannot see that there is the least Reason that there should be any Difference between our Brethren, the English, & our- selves, the Wighalousin Indians, for when we look all around us, we cannot find the least Cause given ; the p]nglish have always used us well. And as to us, the Wighalousin Indians, we do not concern ourselves with any thing but the Worship of God. " Brother : "We remember, very well, the Message you sent us by our Bro- ther Teedyuscung, about three Years ago. The Message was very agreeable to us. After he had delivered it he left us, and went further up into the Country. And there were some of our People who had purchased Prisoners and Horses that the other Indians had taken from the White People, And, as that Message was so agreeable to us, we brought down, & delivered up all the Prisoners and Horses to the Governor, and cleared ourselves of them entirely. The Governor knows this, and remembers it well. " Brother : "x\fter the Treaty two Years ago, as the Indians were returning home, a Delaware Indian was killed a little above Hays's. As soon as this news reached the Indian Country, some of his Relations were so exasperated, that four of them immediately sat off and came down with an intention to kill some of the White Folks. On their way, they called at Wighalousin & stopt there. When they informed us of their design, the Indians of Wighalousin, Men, Women, & Children, did all in their power to disswade them from it, & joined in a Collection of Wampum & delivered it to them to pacify them, on which they returned home. Papounan & the Wighalousin Indians, sent a message to you, our Governor, to acquaint you with what they had done. We hope you will remember it well. You told us, in answer. You were much pleased with the Steps we had taken to prevent this mischief, and assured us, when- ever you heard of any mischief designed against us, you would acquaint us with it. This pleased us so much, & whenever we 46 MINUTES OF THE think of it it makes us easy and satisfied, as we think we can de- pend upon you. And since that, we have nainded nothing else but the religious worship of God." Gave a String. "Brother: ** I am now going to deliver a Message from Indians of several different Nations, as follows : "The Oneidas, Tuscaroras, Delawares, and Munseys, living at Onohoquagey. *' Nanticokes, and Conoys, Onondagoes, & Mohickons, at Che- nango. *' Cayugues & Munsies, at Chokenote. "And a few Shawanese, art Awaigah. " Brother, Listen us to Us : " All these Nations have but one Mouth, & speak now as one Man. They have appointed the Nanticoke King to speak in be- half of them all. " Brother : "We have been councelling twelve days in the Nanticoke Town, and have joined together so as to make one. We have heard of the Disturbances you have had with other Indians; But we are all in- clined to be at Peace, and are resolved to preserve it, and keep fast hold of the Chain of Friendship. We are very sorry to hear of the disturbances to the Westward. We do not know what the great Western Nations intend to do. We are afraid perhaps, they may all join together to make War against the English. " When I came away, all these Nations sat off to go to Sir Wil- liam Johnson, to hold a Treaty with him; and when they return, they will inform us of every thing that may be settled and agreed on, and then we shall acquaint you with it. "This Council, as they knew Papounan was disposed to peace, desired him to acquaint the Governor with their Resolutions." Gave a White String. " Brother : " The reason of this Council's meeting, was on account of two Belts of Wampum, sent by Sir William Johnson to Onohoquagey & Chenango, by which he informs the Indians there that he had formerly opened a Road to those two Towns, but that now the Bryers and Weeds were grown so high that the Roads could scarcely be seen ; that he now cleared the Road again in such a manner that as he sat in Council at home he could see them, and as they sat in Council they might also plainly see him ; That the Governor of New York, who was the greatest of all the Governors, had directed him to send those two Belts, to desire them to sit still and lie quiet, as they always had done; that he always observed whenever other Indians were uneasy, and making Disturbances all around them, they, the Nanticokes and Conoys, were always quiet PROVINCIAL COUNCIL. 47 & peaceable ; that he hoped they would continue so, and assured them he would take them into his Arms and protect them, and that it was in his power to do so. It was on this account that the In- dians held their late Council, and were sit out to give an answer to those two Belts. " Brother : " The Message you sent us lately, with a Belt and two Strings of Wampum, was delivered at Wighalousin, and our King there joined another String to the Belt, and sent it to Atsentsing. The two Strings were sent to the Nanticokes ; when it came there, their King joined another Belt to them, and sent them to the Onondagoes, and they sent them to the Seneca Town. The Senecas could not understand the meaning of them, as they could not read the written Message that came with them. There was an Indian Trader there at that time, who read the Message very well in English, but as he did not speak the Mohawk Language, but here and there a word, he could not interpret it to them ; And as they could find no means of understanding it, they took it with them to Sir Y/illiam Johnson, that he might explain it to them." He said he had now finished what he had in Charge, on which the Governor told him he would speak to him the beginning of next Week. Monday, P. M. 19th September, 1763. By the Governor's directions the Secretary laid before the House the Minutes of a Conference held with the Nanticoke In- dians, from Wighalousin, on Saturday last, and also an Estimate of the pay due to the Pennsylvania Forces, and of the Sums accru- ing on account of their Subsistence, Provisions and Bounty, from the time of their Enlistment to the Sixteenth Instant inclusive. Wednesday, 21st September, 170-3. The Governor sent to the House, by the Secretary, a written Message, founded on a Letter he had lately received from Mess"' Sargent, Aufrere, and Barclays, inclosing Stipulations agreed to and signed at a Meeting in London, the 19th May last, of the seve- ral Agents employed to receive the Money voted by Parliament to the Colonies of North America, for services performed by them, in the Year 1760, which were laid before the House. The said Stipulations and Message follow in these Words, viz'-: ''At a Meeting in London, the 19th day of May, 1763, of the several underwritten Agents empowered to receive the money voted 48 MINUTES OF THE by Parliament to the Colonies of North America for the Services performed by them in the Year 1760, to witt: "For Massachusetts Bay, Jasper Manduit, Esquire. ''New Hampshire, John Thomlinsnn, Esq"" " Rhode Island, Joseph Sherwood, Esq'- "Connecticut, Richard Jackson, Esq''- «' New York, • Rob'- Charles, Esq'-' for Sir W"- Baker & himself. " New Jersey, Henry Drnmmond, Esq'-' for Drum- mond & Co. " Pensilvania, Ju°- Barclay, Esq'' for Mess"' Aufrere, Serjeant, & Barclay. " Virginia, Edward Montague, Esq'- The several following Papers were read & taken into Considera- tion, to witt : "A Certified Copy under the hand of one of the Secretaries of the Treasury of General Amhurst's Return of the Troops far- nished hy those Colonies for the Year 17G0, in these words : " Return of the Troops furnished by the several Provinces iu North 2imerica, for the Publick Service, in the year 1700 : " Provinces or Colonies. " New Hampshire, " Massachusetts Bay, " Rhode Island, " Connecticut, "New York, " New Jersey, " Pennsilvania, " Maryland, " Virginia, " NorUi Carolina, "South Carolina, " These are to certify the Right Hon"''' the Lords Comraiss" of of His JMajesty's Treasury, that the above is a true state of the respective Quotas of Men raised by the several Provinces on the Continent of North America, in consequence of His Majesties Re- quisition for the service of the Year, 1760, as nearly as the num- bers can be ascertained from the struggling manners in which the Provincials take the Field ; The Province of Carolina did make Provision for raising 1000 men for the Expedition against the Cherokees, under the Command of Colonel Montgomery, but there were very few raised, the numbers not exceeding oO, exclusive of a Corps of Rangers consisting of about 500 Ilort'emen, which were in the pay of the Province, and principally employed in escorting Provisions, &ca., to the Army and out Posts. "JEFF. AMHERST. "A true Copy. — C. Jenkinson." fiimber of Men vo- Number of Men ac- ted to be levied, tually raised & took Clothed and paid. the Field. 800 796 5500 4964 1000 952 5000 3397 2680 2468 1000 935 2700 1350 1000 1000 500 PROVINCIAL COUNCIL. 49 A certified Copy, in like manner, of an Extract of a Minute of the Treasury Board, bearing date the 18 day of June, 1762, in these words : "Whitehall Treasury Chamber, 18th June, 1762. PRESENT : " Sir Francis Dashwood, *' Lord North, "Mr. Oswald. "Read a Letter from Hob'- "Wood, Esq""- of Lord Egremont's Ofl&ce, stating that there is no exact account and regular Return made to Lord Egremont's Office, but that it appears, by General Amherst's Correspondence, that the number of Troops demanded by General Amherst of the Provinces were the same as in 1759, and the Services pretty much the same j General Amherst's corres- pondence being indefinite, and some of the Agents insisting that their Colonies sent more Troops in proportion to the rest, in 17tJ0, than they had done in the Year 1759. " My Lords direct that General Amherst be wrote to for his cer- tificate, which must be the Rule of this Apportionment, unless the Agents can agree amongst themselves as to th-j number of Troops, and Times in which they were employed. " A true Copy. «J. DYSON." A certified Copy, in like manner, of the Letter of the Agents to Samuel Martin, Esq'' then one of the Secretaries of the Treasury, dated the 25th June, 1762. London, 25 June, 1762. " S'- : " In obedience to the command of the Right Hon'''^ the Lords Commiss" of His Majesty's Treasury, signified by your circular Letter of the 21st Instant to the Agents of the Colonies of North America, touching the distribution of the 200,000 Pounds granted by Parliament in 1761, as a Compensation to the said Colonies for the Troops raised, clothed, and paid by them respectively, in the Year 1760. We, whose names are underwritten, have mett & considered what has been recommended to us by your said Letter, and as it appears to us that the Services performed by our respec- tive Colonies in the Year 1700, was exactly similar to that of the preceding year. We are humbly desirous that their Lordships may order the appointment of the Money granted for the Year 1760, in the like manner as was done in the Year 1759, and in case, from the return of General Amherst, any inequality should appear in this apportionment, we are willing and contented that out of the Money to be granted for the Year 1761, such inequality be adjusted VOL. IX. — i. 50 MINUTES OF THE and settled at the good pleasure of their Lordships, to which we- readily submit ourselves, and are, with great Regard, Sir, " Your most Obedient Servants, " For New York, R. CHARLES. " New Hampshire, JOHN THOMLINSON. " Connecticut, R°- JACKSON. ,, -p ., . CGEO. AUFRERE. rensuvania, IJORN BARCLAY. « New Jersey, AND. DRUMMOND & CO. " Rhode Island, JOS^"- SHERWOOD. " Massachusetts, JASP'*- MAUDUIT. "A true Copy. " C. Jenkinson." Whereupon, it being Observed that the Apportionment made by the Treasury Board to the respective Colonies for the Year 1760, differs materially from that which would have been made under General Amherst's Return, which the Lords' Commissioners of the Treasury, by the extract of their minute above mentioned, consider as the rule of Apportionment, &, according to which, therefore, the Agents, by their Stipulation in the above recited Letter, have en- gaged to adjust the inequalities that might arise on their Lordships' issuing, at the request of the said Agents, the Money voted for the Service of 1760, upon the footing of the preceding Year, the Exi- gencies of several Colonies requiring that the Distribution should not be delayed, because if the said Agents had not so agreed, their Lordships would have waited for the said Return, and upon receit of it would thereby have governed their Apportionment. A Calculation was then presented, read & examined, whereby it appears that on the said Distribution there has been overpaid : To Connecticut £ 3,619 12 Pensilvania 10,947 Making together, 14,566 1 2 And that the Proportion of the said sum becoming due and paya- ble to the Six other Colonies is thus: From Connecticut. Pensilvania. Totals. Massachusetts Bay, 461 13 6 1396 6 6 1858 New Hampshire, 167 4 6 505 18 6 673 3 Rhode Island, 631 12 1910 3 2541 15 New York, 1444 7 6 4368 2 6 5812 10 New Jersey, 581 1757 3 2338 3 Virginia, 333 14 6 1009 6 6 1343 1 3619 12 10,947 00 14,566 12 . ■ PROVINCIAL COUNCIL. 51 The Agent for the Colony of Connecticut aeknowledgei that ia consequence of the Stipulation made by the said Letter, the demand founded thereupon from the said Colony, appears to him to be just, and ought to be discharged out of the Mooey to be issued to that Colony, for the Service of the Year 1761, at the good pleasure of their Lordships of the Treasury, if to them it shall so seem meet. The Agents for Peasilvania making the like ackaowledgment of the Justice of the said demand made upon them in behalf of the said Colony, represented that they were informed that General Am- herst, m his return for the Year 1761, has not mentioned any Troops as furnished by Pensiivania, and consequently, if that Re- turn governs the ensuing distribution, no part thereof will fall to the share of that Province; that the whole sum which had beea issued to them for the Year 1760, was nearly drawn for from Pen- silvania, & thereby they had it not in their power to make good the Stipulation in the said Letter mentioned, but that they bad such, faith and Confidence in the Honour of the Colony they served, and believed that the engagement of their Agents would be so punctu- ally discharged, that they were ready and willing to come into any reasonable & equitable proposition that may be satisfactory. Whereupon, it was proposed, and upon deliberate Consideration, unaniniously agreed that the Agents of Pensilvania do forthwith represent this matter to their Constituents, praying them that for the Honour of the said Colony, and for supporting the Credit of their Agents, Order might "be taken to pay over in America, as soon. as may be, to the Treasurers of the respective Colonies above men- tioned, or to other Persons thereunto authorized, the said sum of £10,947 Sterling, in the proportions before stated. Whereof, all the said Agents are to apprize their respective Con- stituents, transmitting to them a Copy of this minute. In Faith and Testimony of which transaction, the said Agents have hereunto set their hands, in Order to be deposited, if ueed be, at the Trea- sury Board, and to eight Duplicates of the same, to be transmitted to tlieir respective Constituents, «JASP« MANDUIT, "JOHN TOMLINSON, "R° JACKSON, "HENRY DRUMMOND. "R. CHARLES, " J. BARCLAY, For Serjeant Aufrere Barclay & Self. "JOSEPH SHERWOOD, "R'' JACKSON, For Edw"^ Montague, Esq'; m MINUTES OF THE A Message from the Governor io the Assembly:. " Gentlemen : " I sosae time siace receiTecI from Mess"" Sarjeant^ Anfrere, <^ Barclays; the Agents appointed bj this Province to receive the dis- tributive Share of the aaoney granted by ParliaEicnt for SsrviceS' done by the Nojthern Colonies, the Letter and Iselosare herewith laid befo-re yoB, in the last of which, it is alledged by the Agents of the other Provineeg, and allowed by our own, that out of the Parlia- inentary Grant for the Year one thousand seven hundred and sixty, Pennsylvania iiath leceived the sum of Ten thousand nine bundre^J and forty-seven Pounds Sterling more than its j"ast Proportion, ac- cording to General Amherst's ^seturn of the Troops furnished by the Colonies for that Year, and that consequently, the said Saai ought Ho be paid over as soon as may be, to the Treasurers, or other Per- sons aiithoriaed by the respective Colonies to receive the same, ac- cording to the Proportions in a Calculation made for that pBrposCy and contained in the body of the said Inclosure. " If, Gentlemen, on perusing and eonsidefing the above meu- iioBed Papers, yon shall find them (as I doubt net you vfill), to con. tain a true State of the case, according to the General's Return, I am perswaded thexe will not be occasion of many words to induce you to naake immediate Provision for the Repayment, as is desired, of "whatever we have received more than we are fairly intitled to^ Dot only for the Satisfaction you will take in doing an Act of Jus- lice to the other Colonies, but for discharging our aforesaid Agents of an Engagement they entered into on our Behalf, and which, ifi appears, they are very sollicitous to see punctually complied with. I, therefore, earnestly recomittend this matter to your serious Coia- sideration. "JAMES HAMILTON. " SeptemlDer 20tb; 1763/' At a Council held at Philad''' on Thuraday, tbe 2&tk Septeaiber, 1763. PRESENT : The Honourable JAMES HAMILTON, Esq'" Lieut'- Goyernor, ■&C£i. Richard Peters, Benjamin Chev7, Esq' A Bill entituled " An Act for striking and emitting the sum of Twenty-five thousand Pounds in Bills of Credit, and giving the same to the King's use, and for providing funds to sink the Bills so te be emitted, by continuing an Excise upon Wine, Rum, Brandy, & other Spirits, and by applying the Neat proceeds of the Stock and Effects now in the Lands o^f the Cemmissioners for Indian Affairs/'" PROVINCIAL COUNCIL. 5$ liaviag been seet up to the Governor for his CoEeurrence, His Hon- our, altering considering it, and finding it to contain a Chuise di- rectly repugKaut to the Judgment and Detirniiaation of His late Majesty in Council^ on Points of the same kind, laid the Bill before the Board, with other objections to it, and the following Message to the House, which was read and approved, and fche Bill was ordered t© be returned to the House with the Message. A 3fess6Cffe from the Governor (o the AseemU^'. ^' G-entlemen : " I observe by the Supply Bill sect up for my Coacurreaoe, in- tituled ' An Act for strikiEg aiid emitting the sum of Twenty-five thousiuad Pounds, & giving the same to the King's use, &ca.,' That the SUE! of Tweaty-five thossaad Pounds m Paper Bills of Credit is directed to be struck and issued in lieu of Money, and that the said Bills are made a legal Tender in. discharge of all Debts, Daes, and Demands whatsoever, although, at the same time, every body must be sensible that they are by no lueaas e<:jual to, but fall greatly short of the coEiinal value at wliich they are to be emitted. Hence jt is that, with real coQ'Cern, I find myself obliged t3 differ with you upon this head, and to remind you of certain Transactions before His late Majesty in Council, relative to an affair of precisely the same Niture with that under Cocsideration. " You will be pleased, Gentlemen, to remember, that aiaoEg the several Previsions in the Supply Bili of one thousand seven hun- dred and fifty-nine, to which your Proprietai-ies objected, one was, that the Bills of Credit to be thereby issued, were laade a iegal tender for the discharge ©f all Debts and Cou tracts whatsoever, at the ratea at which they were emitted, by which they coaceived themselves liable to great inj>ustice ia the payments of their Rents and Qait- rents, and thereupon made application to His Majesty hi Council for Redress, And the Lords of the Council having heard, among others, the merits of the aboveiuentioned Clause or Provision, fully ■oanva&sed and debated before them by iearu'sd Counsel on both sides, were pleased to report to His Majesty their Opinion that the said Act was fundamentally wrong and unjust, and ought to be re- pealed, unless certain Alterations and Amendments by theai speci- fied, could be made thereie ; Of which Alterations, that which priu- cipally relates to the present Bill, is to the Effect following, to wit: that iustead of the Clause which makes paper Bills of Credit, at the rate they are emitted, a legal tender to the Proprietaries for their Rents, which are reserved in Sterling, the Provision should be, that the Payments by the Tenants to the Proprietaries, of their Rents, shall be according to the Terms of their respective Grants, as if such Act had never been passed. Upon which report of their Lordships M MINUTES OF THE there is little room to do^jbt but the first mentioned Aet worald have been repealed at that time^ had Bot your Agents, then in England, interposed^ and prevented it by undertaking, by their Agreement, entered in the Books of the Privy Counc-il, that (in ease the said Act should not be repealed) the Assembly would amend it according to the Amendiaents proposed by tbe Lords of the Committee of Council in their R&port of that day. Upon -which said UDder- taking, on Behalf of the Assembly, His Majesty was gracjouslj pleased so far to rely as to permit the said Act to stand unre- pealed. *' Haying thus laid before you the procesdicgs of our Superiors in case exactly similar to that now before us, I may venture to ap- peal to yourselves whether, after so explicit a Declaration from His Majesty and His P?ivy CoaneiL,. it ean be reasonably expected of Kie to act in direst contradiction to their Judgment, and give my Assent to a Measure which, after the most mature Delrb&ration, they have pronounced to be wrong & unjust ? Not to mention the Tery great ineoaveniences that might result to the Province, should I presame, in Contempt of His iate Majesty's Decree, to pass this Bill into a Law, since it can scarcely be doubted but th-;it applica- tion would iniHicdiately be made for its repeal, in the same manner as was done before, and with the greater Prospect of sueeesa for its having been passed in direct opposition to the declared Sei3tiBQents of His Majesty and His Ministers; And I leave it toyoa to judge of the Confu&iou that would easue upon the Repeal of asny of our Money Laws while the Klls are eirevilating in the baads of the People. ''■I observe slsOy that, by the Bill new under Consideratioa, al- though the IndiaD Trade Commissioners are directed to dispose of the Goods and Effects in their possession, and to pay into the hands- of the Provincial Treasurer the amount thereof in BiHs of Credit,. to the end they may be sunk and destroyed, yet, by a subsequent Clause, it is provided that the Money arisi&g from that Fand is not to be actually sunk, but still to be kept on I^oot, if the excise, to- gether ■with the said Fuod, does not produce, in Seven Years, suffi- cient to sink the twenty-five thousand Pounds to be emitted by the Bill, and pay all JD-cidectal Charges. You will please to remember. Gentlemen, that the sum of Fourteen thousand Pounds, was-, by a Jate Law, taken out of the Money granted by Parliament, for the purpose of easing the People of the heavy tases imposed wpon them, aad lent to the Indian Trade Commissioners, to enable theai to carry on that Trade, hoping by that means to caUivaite the Friendship of the Indians ; Bat, as, by ihe unhappy War we are now engaged m with the Indiaiis, all trade with them is at an end, aad you y oar- selves are of Opinion tliere i<^ no farther Occsisioa for- that Fund, I cannot see how you can, consistent with the end for whieh the Par- liamentary Grant was made, or indeed wish Justice to the People, BOW aToid the siakiag that Money, in cas«; of their Tases. The PROVINCIAL COUNCIL. 55 Excise, itself, is sufficient to* sink the Twenty-five thousand Pounds to be emitted by the present Bill, or, if it was not, you have made Provision for its continuing after the Term of Seven Years, until the said Sum shall be sunk. " I must, therefore, entreat you, Gentlemen, to reconsider your Bill, and amend it in these particulars, so that I may, consistent ■with my Duty, be able to give my assent to it, and thereby do my Part for establishing a Fund so absolutely necessary at this Time, to enable us to protect our Frontiers, and to put a stop to the cruel and barbarous Depredations now carrying on by the Savages, against the Persons & Effects of our Inhabitants. "JAMES HAMILTON. " September 29th, 1763." The Governor also laid before the Board a Bill sent up by the House, for his Concurrence, entituled "An Act to continue An Act eutituled ' An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, & for raising Money to defray the necessary expence thereof," Which, being read and approved, was returned to the House, with a Verbal Message that the Governor agreed to it. Eodem Die, A. M. The House again sent up the Supply Bill to the Governor by two Members, with a Verbal Message, that the House did not in- cline to make any Alterations in it, and requested that His Honour •would pass it as it now stands. 4 o'clock, P. M. The Governor again returned by the Secretary, the Supply Bill, Tvith the following Message to the House, viz'' : A Message from, the Governor to the Assemhly. ^' Gentlemen : " I am extremely eoneerned to find, by your verbal Message of this day, that you decline amending your Bill for granting Money to the King, in the particulars by me pointed out to you. " I beg leave before you separate, once more to recommend to your unprejudiced Consideration, the great Mischiefs which may €nsue to the Province from your so tenaciously adhering to a mea- sure that has been solemnly adjudged against you by His Majesty in Council. 56 MINUTES OF THE "There has not been wanting, on my part, the most sincere dis- position to perfect this Bill, by enacting it into a Law. But as you have not thought fit to accept of it, on such Terms as my Duty would allow me to pass it, I must endeavour, in case any misfor- tune should follow, to satisfy myself with the reflection, that noth- ing hath been proposed by me, but what hath appeared to me to be founded in Justice and Equity, and hath been so adjudged by the most explicit Declaration of the King and Council, on a Similar Clause in a former Bill of our Legislature. "JAMES HAMILTON. "September 29th, 1763." Friday the 30th September^ 1763, A. M. The Governor having considered the two following Bills, sent up by the House for his Concurrence, returned them to the House by the Secretary with a verbal Message, that he gave his assent ta them, viz'- : " An Act for the erecting a Light House at the Mouth of the Bay of Delaware, at or near Gape Henlopen, for placing and fixing Buoys in the said Bay and River Delaware, and for appointing Commissioners to receive, collect & recover certain sums of Money heretofore raised by way of Lottery, and to appropriate the same to the purposes aforesaid ;" and " An Act to enable the Commissioners for paving the Streets of the City of Philadelphia, to settle the accounts for the Managers, and to sue for and recover from several Persons such Sums of Money as are now due and unpaid, on Account of the Several Lot- teries set up drawn for paving the Streets of the said City." Eodem Die, 5 o'Clock, P. M. The Governor having again received the Supply Bill by two Members, this forenoon with a verbal Message from the Assembly that they had reconsidered the Bill, but declined making the Amendments proposed by the Governor, and desired he would give his assent to it as it stood ; His Honour not thinking it con- sistent with his duty to pass it without the proposed Alterations, Ordered the Secretary to return the Bill and acquaint the House that he could not recede from the proposals he had made with respect to their amending it ; And at the same time to inform them that he was waiting in the Council Chamber to receive the whole House in order to pass the Bills which had received his assent. The Speaker and the House accordingly attending in the Council Chamber, The Governor enacted the following Bills into Laws, and signed a Warrant for affixing the Great Seal thereto, viz'- : PROVINCIAL COUNCIL. 57 1. "An Act to continue an Act entituled 'An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, &ca.'^' 2. "An Act for the erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape llenlopen, for placing & fixing Buoys, &ca." 3. "An Act to enable the Commissioners for paving the Streets of the City of Philadelphia, to settle the accounts of the Managers, and to sue for and recover from certain Persons, such Sums of Money as are now due and unpaid on account of the several Lot- teries, &ca." At a Council held at Philadelphia, on Tuesday, the 4th October, 1763. PRESENT : The Honourable JAMES HAMILTON, Escf- Lieutenant Gov- ernor, &ca. Benjamin Shoemaker, Benjamin Chew, ? -n n. Ly 11 ford Lardner, 5 The Grovernor laid before the Board the Returns of Sheriffs and Coroners for the several Counties, which, being read and Considered, the following persons were appointed, & Commissions were filled up accordingly, viz"- : T)t.-i 1 1 u- rt X C Joseph Redman, Sheriff. Philadelphia County, J ^^^^^ ^_^^^^ ^.^;^^^^^^ John Fairlamb, Sheriff. Davis Bevan, Coroner. John Gregg, Sheriff. William Buckman, Coroner. Thomas Duff, Sheriff. William Stewart, Coroner. ■ Daniel Nunez, Jun"'' Sheriff. John Wattom, Coroner. N.i „ . Jo C John Jennings, Sheriff. OKhampton d"- -< . .i t ..• n ^ I Arthur Lattimore, Coroner. r Daniel Roberson, Sheriff. I John Gray, Coroner. ( John Hay, Sheriff. ( Mathias Slough, Coroner. 5 Jacob Weaver, Sheriff. I Samuel Weiser, Coroner. ( Rubert M'Pherson, Sheriff. \ -John Adlum, Coroner. . 5 Ezekiel Dunning, Sheriff, ( Joseph Hunter, Coroner. Chester D° Bucks d- New Cas itle d»- Sussex d°- Kent d°- Lancaster d"- Berks d"- York d°- Cumberland d"- 58 MINUTES OF THE At a Council held at Philad*- in the Council Chamber, the 15th October, 1763. PRESENT : The Honourable JAMES HAMILTON, Esq'- Lieutenant Gov- ernor, &ca. William Logan, Benjamin Chew, > tji Lynford Lardner, 5 Eight Members of the House waited on the Governor last night, •with a verbal Message that the representatives were met pursuant to Charter, & had chosen their Speaker, and desired to know when and where they might present him, and the Governor having ap- pointed this day at li o'clock, in the Council Chamber, for that purpose, sent the Secretary to acquaint the House that he was ready to receive them with their Speaker. They attended in the Council Chamber accordingly, and presented Isaac Norris, Esq''* as their Speaker, who, being approved, claimed the usual privileges, which His Honour was pleased to say were essential in all the pub- lick Debates, and the House might Depend on his protection there- in J and then the House withdrew. The Governor having prepared the following Message, laid the same before the Board, and after being read and approved, the Sec- retary was ordered to carry it to the House as soon as the members were qualified : A Message from the Governor to the Assembly. *' Gentlemen : *' Observing, by the returns which have been made to me, that your House consists, for the most part, of the same Members that have served in Assembly for several Years past, I cannot but ex- press my Satisfaction, that in the present critical Situation of Af- fairs, the Business to be transacted by me, is with Gentlemen whose long Experience in publick Concerns has rendered them so equal to the Task they have undertaken. " I am sensible it is very unusual to enter upon Business of weight at your first meeting, that being set apart for, and employed in preparing the House for the better Reception & dispatch of it at some future time ; yet, I flatter myself you will readily dispense with a Custom, by no means essential, in favour of the measure I have to recommend to you, which is of as great importance as can come under your Consideration, no less indeed, than the Safety and preservation of the Country. " You will be pleased, then, to know that within a few days past, I have received well attested Accounts of many barbarous and shock- ing Murders, and other Depredations, havirag been committed by In- dians on the Inhabitants of Northampton County, in Consequence PROVINCIAL COUNCIL. 59 whereof, great numbers of those who escaped the rage of the Enemy, have already deserted, and are daily deserting their Habitations ; so, that unless some effectual aid can be speedily granted them, to induce them to stand their Ground, it is difficult to say where these desertions will stop, or to how small a distance from the Capitol our Frontier may be reduced. •' The Provincial Commissioners and I, have, in consequence of the Resolve of the Assembly of the 6th of July last, done every thing in our Power for the protection of the Province, pursuant to the Trust reposed in Us ; But as our funds are entirely exhausted, and even a considerable Arrear become due to the Soldiers and others employed by the Government for their pay, which we have it not in our power to discharge, it seems impossible that the Forces now on Foot can be no longer kept together, without a Supply be speedily granted for that purpose. '*! do, therefore, Gentlemen, in the most earnest manner, recommend to your immediate Consideration the distressed State of our unfor- tunate Inhabitants on the Frontiers, who are continually exposed to the Savage cruelty of a merciless Enemy ; and request that you will in your present Session, grant such a Supply as, with God's assistance, may enable us, not only to protect our People, but to take a severe Revenge on our perfidious Foes, by pursuing them into their own Countries, for 'vf hich purpose there prevails at present a noble ardour among our Frontier people, which in my opinion, ought by all means to be cherished and improved. " I have. Gentlemen, only one thing more to recommend and re- quest of you, which is that, in contriving the ways and means for raising the Supply to be granted, you will carefully avoid whatever may occasion a Disagreement in Opinion between you and me, by means whereof your good Intentions may be frustrated and defeated, as has unfortunately happened on more than one Occasion before, and particularly in the last session of the late Assembly. "JAMES HAMILTOxX. " October 15th, 1763." 20th October, 1763. MEMORANDUM. The Governor, pursuant to His Majesty's Instruction under his sign Manual, dated the 15th of June last, did this day issue a Com- mission appointing Colonel James Burd Commissioner on the part of this Province, to act jointly with a Commissioner to be appoint- ed by the Governor of Connecticut, in communicating His Majesty's Strict Commands to the People from that Colony, who are making a Settlement at Wyoming, that they immediately desist from their undertaking and remove from thence within a reasonable limited 60 MINUTES OF THE time. The said Instructions and Commission follow in these words, viz'':'" " George R : *'[ L. S.'] Instructions to Our Trusty and Well beloved JAMES HAMILTON, Esquire, Deputy Governor of our Province of Pennsylvania, in America, or to the Commander-in-Chief of Our said Province for the time being. Given at our Court at JSt. James's, the 15th day of June, 1763, in the third Year of our Reign. " Whereas, it hath been represented to Us that a number of Persons, Inhabitants of our Colony of Connecticut, have presumed, without Licence from us or any acting under our Authority, to be- gin a Settlement on certain Lauds at Wyoming, on the River Sus- quehanna, belonging to our good Subjects, the Six Nations of In- dians and their Allies, the Delawares, whereby the said Indians are greatly disquieted and aggrieved ; And, Whereas, We have thought it necessary, as well for the support of our Royal Authority, as in Justice to the said Indian Nations, whom we are determined at all times to protect in the peaceable Enjoyment of all their just Rights and Possessions, that an elFectual Stop should be put to the Settle- ment which the said People of Corftiecticut have thus unwarrantably attempted to make ; Our Will and Pleasure therefore is, that you do forthwith, by Commission under the Seal of the Province of Pennsylvania under your Government, constitute and appoint a proper Person to be Commissioner on the part of the Province of Pennsylvania, with full power to act in Concert with a Commis- sioner in like manner to be appointed by the Governor and Com- pany of Connecticut, in the due and faithful fJxecution of our Royal Pleasure concerning the Inhabitants of the said Settleujent. And you are hereby further required to instruct the said Coraiuissioner with all convenient Speed to proceed with the (Commissioner to be appointed on the part of the Colony of Connecticut, to the said Settlement at Wyoming, and there cause his Commission to be read and published with all due Solemnity, and immediately after Pub- lication thereof, to require and command the Inhabitants in our Name, forthwith to desist from their said Undertaking, & to depart & remove from thence within such limited time as you in your dis- cretion shall think necessary and reasonable. "G. R." PROVINCIAL COUNCIL. ^ 61 *^ By the Honourable JAMES HAMILTON, Esquire, Lieuft. Gov- ernor, and Commander-in-Chief of the Province of Pennsyl- vania, and Counties of New Castle, Kent, and Sussex on Dela- ware. " To Colonel James Burd, of the County of Lancaster, Esq'r., GreeVg. " Whereas, I have lately received an Instruction from His Ma- jesty, dated at S'' James's, the 15 day of June last, setting forth that it had been represented to His Majesty that a number of Per- sons, Inhabitants of His Colony of Connecticut, had presumed, without Licence from Him, or any acting under His Authority, to begin a Settlement on certain Lands at Wyoming, on the River Susquehanna, belonging to His good Subjects, the Six Nations of Indians, and their Allies the Delawares, whereby the said Indians were greatly disquieted and aggrieved. And that His Majesty had thought it necessary, as well for the Support of Hi-s Royal Authority, as in Justice to the said Indian Nations, whom he is determined at all times to protect in the peaceable Enjoyment of all their just rights & possessions, that an effectual stop should be put the Settlement which the said People of Connecticut had so unwarrantably at- tempted to make. And His Maj'esty, therefore, in and by His said Instruction, signified to be his Royal Will and Pleasure, that I should forthwith, by Commission, under the Seal of the said Pro- vince of Pennsylvania, constitute and appoint a proper Person, to be Commissioner on the part of this Province, with full power to act in Concert with a Commissioner in like manner to be appointed by the Governor & Company of Connecticut, in the due and faith- ful Execution of His Royal Pleasure concerning the Inhabitants of the said Settlement. And am thereby further required to in- struct the said Commissioner, with all convenient Speed to proceed with the said Connecticut Commissioner, to the said Settlement at Wyoming, & there to cause his Commission to be read and pub- lished with all due Solemnity, and then, immediately to require and command the Inhabitants in His Majesty's Name, forth- with to desist from their said Undertaking, and to depart and remove from thence within such limited time as I in my discretion should think necessary and reasonable. As in and by the said Instruc- tion, whereof a true Copy is hereto annexed, appears. Now Know You, that, in obedience to the said Royal Instruction, and for carrying the same into immediate Execution, and judging you fitly and duely qualified for the same, and reposing special Trust and confidence in your Loyalty, Fidelity, Resolution and Ability, I have, by and with the advice of the Council, nominated, constituted & appointed, and by these presents do constitute and appoint you, the said Colonel James Burd, to be Commissioner on the part of this Province of Pennsylvania, with full power to act in 62 MINUTES OF THE Concert with a Commissioner to be appointed by the Governor and Company of Connecticut, in the due and faithful Execution of His Majesty's Royal pleasure concerning the Inhabitants of the said Settlement, hereby requiring you with all convenient Speed to proceed with the Commissioner on the part of the Colony of Con- necticut to the said Settlement, and there to cause this your Com- mission to be read and published with all due Solemnity, and immediately after Publication thereof, to require and command the Inhabitants, in His Majesty's Name, forthwith to desist from their said undertaking, and to depart and remove from thence as soon as may be before the Expiration of Weeks at the furthest after your arrival and publication of this your Commission amongst them; As they will answer their contempt herein to His Majesty, at their peril. " And what you shall do in the Premises you are faithfully to report to me at your return. ^ ^' Given under my hand and the Great Seal of the said Province of Pennsylvania at Philadelphia, the twentieth day of October, in the third year of His Majesty's Reign, & in the Year of our Lord one thousand seven hundred & sixty-three. "JAMES HAMILTON." The Governor by the Secretary laid before the House a Letter from His Excellency, Sir Jeffery Amherst, inclosing an Extract of a Letter from Sir William Johnson, containing Indian Intelligence, both which are respectively as follow, viz'- : A Letter from General Amherst to the Governor. "New York, October 16, 1763. " Sir : " I herewith inclose you a Paragraph of a Letter which I received last Night from Sir William Johnson, containing some intelligence of the bad intentions of the Savages on the Frontiers of Pennsylva- nia, &ca., and I acquaint Colonel Boquet thereof, that he may be on his Guard ; but I cannot help repeating my Surprize at the in- fatuation of the People in your Province, who tamely look on while their Brethren are butchered by the Savages, when, without doubt, it is in their Power by exerting a proper Spirit, not only to protect the Settlements, but to punish any Indians that are hardy enough to disturb them. I am, with great Regard, Sir, " Your most Obedient humble Servant, "JEFF. AMHERST,' PROVINCIAL COUNCIL. 6S Extract of a Letter from Sir Wm. Johnson to His Excellcy. Sir Jeffery Amherst, dated at Johnson Hall the Qth of October, 1763 ; " This morning a Seneca Chief, of Canudasegey, the first Castle of that Nation, and which has not been concerned in any of the Hostilities, arrived here, and gives me the following Information, which he had from a party of Warriors, just returned with some Scalps & Prisoners from the Cherokee Country, viz'-: 'That on their way home they met a large Body of several Nations assembled at a Village of Delawares, on the River Adjuketa, which empties into Muskingham, or Elk River, where they saw the Ottawawa Confe- deracy deliver the War Hatchet, Bow and Arrows, to the Delawares^ and desired they would use the same with Vigour against the Eng- lish, who were about taking away their Country; That they thea pointed out the Forts Pitt & Augusta as the greatest Eyesores to the Indians in those parts; therefore, desired they would lose no time in distressing and attacking them, on which they would all join in a body and proceed towards Philadelphia; That while the Delawares were engaged in that aifair, they, the Ottawas, Twight- wees, Hurons, &ca., would demolish Detroit and Niagara. The Delawares thanked them for looking upon them now as Men, and told them that they would, by their actions, shew them they were worthy of the Confidence reposed in them; After which the Huron Speaker addressed the Shawanese, and warmly reprimanded them for their Backwardness in spending their time hitherto so idly in Treaties and Conferences with the English, to prevent which they, the Ottawawa Confederacy, plucked the Horns from their Heads (i. e. remove every thing but War from the Thoughts of their Sachems), and made them become Warriors, desiring they would exert them- selves in Conjunction with the Delawares, to which they agreed."' At a Council held at Philad'- on Saturday, the 22nd of October, 1763. present: The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca. Benjamin Shoemaker, William Logan, Esq"- The Governor laid before the Board the three following Bills sent up by the House for his Honour's concurrence, which were read and approved, and the Secretary directed to return them to the House, with a verbal Message that the Governor agreed to them, viz'-: "An Act to prohibit the selling of Guns, Powder, or other War- like Stores to the Indians." "An Act for granting to His Majesty the sum of £24,000 for the defence and protection of this Province ;" And 64 MINUTES OF THE "An Act for regulating the Officers and Soldiers in the pay of this Province." At the same time the House desired the Secretary to give notice to the Governor that they will attend His Honour, if it suits him, at half after 12 o' Clock this day, to pass the said Bills into Laws. Eodem die, 1 o'Clocki The Governor acquainted the House by the Secretary that he was waiting in the Council Chamber, where he required the attendance of the Speaker & Members of Assembly, in order to pass the Bills which had received his assent. The House attending accordingly, the Speaker presented the following Bills, which His Honour im- mediately passed, and signed a Warrant for affixing the Great Seal thereto, and ordered them to be deposited in the Rolls Office, viz'': "An Act to prohibit the selling of Guns, Gun Powder, or other Warlike Stores to the Indians." "An Act for granting to His Majesty the sum of £24,000 for the defence and Protection of this Province, & for other purposes there- in mentioned;" and "An Act for regulating the Officers and Soldiers in the pay of this Province." The Speaker then acquainted the Governor that the House pro- posed to adjourn to Monday, the 16th of January next, to which His Honour made no Objections. Two Members of Assembly waited on the Governor & delivered him a written Message from the House in the words following, viz'-: A Message to the Governor from the Assembly. " May it please your Honour : " We return you our thanks for laying before us the Letter you have received from Sir Jeffery Amherst, of the Sixteenth of this Inst'-' with the Intelligence inclosed therein, from S'' William Johnson, respecting the bad intentions of the Savages against our Frontiers. For this Intelligence We are likewise obliged to His Excellency, but at the same time we are greatly at a loss how to understand the meaning or design of that part of his Letter wherein he expresses his * Surprize at the Infatuation of the People of this Provmce, who (he alledges) tamely look on while their Brethren are butchered by the Savages, when, without doubt, it is in their power, by exerting a proper spirit, not only to protect the Settle- ments, but to punish any Indians that are hardy enough to disturb PROVINCIAL COUNCIL. 65 them.' Can it be possible that the General is, at this day, unac- ^ Richard Peters, ^ '^Esquires. The Governor having Yesterday received Letters from Sir Jeffery Amherst, making a Requisition of Troops to be raised by this Pro- vince, to be employed, in Conjunction with His Majesty's Regular 74 MINUTES OF THE Forces, in Offensive Operations against the Indians, laid the same before the Council, which were read, and are as follows, viz'- : A Letter from Gen'l Amherst to the Governor. " New York, Novem' 5th, 1763. "Sir: "Just as I had sealed the inclosed, and delivered it to an Officer returning to Philadelphia, I received the favour of your Letter of the third Instant, acquainting me of your Arrival at and Appoint- ment to the Government of Pennsylvania, on which I beg leave to congratulate you. *' The contents of the Inclosed will shew you that an exertion of the Power with which you are vested, and which you are so obliging as to offer for forwarding the King's Service, will be immediately wanted, and, I trust, by your Influence, the Province of Pennsyl- vania will chearfully and readily lend the Assistance demanded for subduing and punishing the Barbarians, who have so unjustly attacked our Settlements and Butchered the Inhabitants. ** I am, with great Regard, Sir, " Your most Obedient humble Servant, "JEFF. AMHERST. " To the Hon. Governor Penn." A Letter from General AmJierst to Governor Hamilton. " New York, November 5th, 1763. " Sir : " On a due Consideration of the most probable Measures for crushing the present Insurrection of the Indians, and punishing the guilty, as they deserve, I find it absolutely necessary to make Ap- plication to the Provinces most nearly concerned, that a respectable Body of Men may be raised, so as to proceed early in the Spring, in conjunction with such regular Troops as can be collected, to put in Execution such offensive Operations as may be judged most effectual for reducing the Savages, and securing Peace & Quiet to the Settlements hereafter. "In Consequence of this Plan, I have made Application to the Provinces of New York and Jersey for certain Quotas of Men, to be raised, so as to be ready to proceed to Albany by the first of March next, in order to join with such of the regular Troops as can be spared for carrying on offensive Operations by the way of Lake Erie, &;c'' and, that the whole race of Indians who have so unjustly com- menced, and are still carrying on Hostilities against Us, may be effectually reduced, and severely punished, which alone can secure PROVINCIAL COUNCIL. 75 the future Tranquility of the several Colonies, I must apply to the Province of Pennsylvania, & Colony of Virginia, for their Assist- ance on the Occasion, by raising Men to act against the Delawares, Shawanese, and other Tribes on that side, who have committed Hos- tilities ; and I trust, the requisition I am now to lay before you, will not oniy meet with a proper Reception, but that you will be pleased to enforce the same to your Council and Assembly, backed with such Arguments (if any Arguments can be necessary on such an Occasion), as will at once remove every Obstacle that could be started to a Compliance therewith. '* The Proportion I must demand from your Province is one thou- sand Men, exclusive of Commissioned Officers, to be divided into two Corps of ten Companies each, commanded by their proper Field Officers, and each Company to consist of a Captain, two Subalterns, and fifty Men, including three Serjeants and three Corporals, for the Service on which they will be employed, requires that there should be a good many Officers ; The Men to be clothed, but in a light manner ; a Cloth Jacket, Flannel Waistcoat, Leggings, &c*' will be full sufficient ; and it will be necessary that the whole are raised, and ready to join the King's Troops, or to be sent on such Service as the Commanding Officer in the Southern District may direct, by the first of March next. " Particular care should be taken that, in recruiting the Men, none should be raised but such as are able bodied, neither too Young or too old, but fit for the most active and alert Service. " Although, by an Order from Home, the regular Troops are sub- ject to a Stoppage for the Provisions issued to them, belonging to the Crown, yet, upon this Occasion, I will take upon me to order Provisions to the Provincial Troops that shall be raised, & take the Field ; and they shall, likewise, be provided with Arms, unless any of them chuse to bring their own Arms, for which they shall have the same Allowance as was made in former Campaigns, should any of them be lost or damaged iu actual Service ; Tents will also be furnished to them, as formerly. , " The Time of Service may be limited to the first of November, although it is much to be hoped every thing will be finished long before that period, in which case, the men will be sent back to the Province. "I am, with great Regard, Sir, " Your most Obedient humble Servant, "JEFF. AMHERST." The Board, taking the said Letters into Consideration, were of opinion that it would be necessary for the Governor to convene the Assembly before the time to which they stood adjourned, in order to furnish the Quota of Troops demanded by the General, & that there may be sufficient time for raising them before they are ex- pected to take the Field. 76 MINUTES OF THE MEMORANDUM, 22d Novem'- 1763. Several Robberies on the Highways, & the Murder of Henry Hamilton, having been actually committed near this City, since the late Governor's Proclamation, of the 22nd October last, The Gov- ernor thought proper, by the advice of the Council, this day to is- sue a new Proclamation, offering a Reward of £50 for apprehend- ing any of the Persons concerned in the late Robberies, and £200 for the detection of the Person & his Accomplices, who perpetra- ted the said Murder. "jBy the Honourable JOHN PENN, Enquire, Lieutenant Gover- nor^ & Conimander-in-Cltief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex on Delaware. " A PROCLAMATION. " Whereas, Information hath been made to me, not only that divers attempts have of late been made to rob, but that several Robberies have been actually committed on His Majesty's Subjects travelling on the Highways hear the City of Philadelphia, by Per- sons unknown, one of which Robberies was committed on Saturday last, on the Wissihiccon Road, and was accompanied with the Mur- der of Henry Hamilton, the person robbed, to the great terror and annoyance of the said Subjects, coming to and returning from the said City. Jlnd Whereas, it is of great importance that a stop should, as soon as possible, be put, in this young Colony, to Crimes of so evil and pernicious a nature, and the authors and perpetrators thereof brought to condign and exemplary punishment, I have there- fore thought fit, with the advice of the Council, to issue this Pro- clamation, hereby offering a Reward of Two Hundred Pounds to any Person or Persons who shall make known & cause to be appre- hended all, or any of the Persons who were concerned as Perpetra- tors or Accomplices in the Robbery and Murder of the said Henry Hamilton ; And the sum of fifty Pounds for the making known and apprehending all, or any of the Persons concerned as Authors, Perpetrators, or Accomplices, in any of the other Robberies, or at- tempts to rob, on the said Highways, since the first day of October last, so that he or they shall be convicted thereof, according to the due Course of Law. And I do hereby strictly charge and command all Magistrates, Sheriffs, and other Officers whatsoever, within this Government, to use their utmost Care and Diligence in detecting and apprehending the said Offenders, that they may be brought to Justice. PROVINCIAL COUNCIL. 77 " Given under my band and the Great Seal of the said Province, at Philadelphia, the twenty-second day of November, in the Year of our Lord one thousand seven hundred & Sixty-three, And in the Fourth Year of His Majesty's Reign. " JOHN PENN. " By His Honour's Command, *' Joseph Shippen, Jun*^- Secretary. "GOD SAVE THE KING." At a Conference held on Thursday, the 1st December, 1763, at the State House. PRESENT : The Honourable JOHN PENN, Esquire, Lieut'- Governor, ke James Hamilton, Richard Peters, \ Esq"' Members AVilliam Logan, Tho'- Cadwalader, J of Council. Joseph Fox, Esq'-' and several other Gentlemen. Papounan, Jn"- Curtis, Sam Curtis, Conoy Sam, Jemmy Nappier, Job Chilloway & his Father, with several elderly Indians from Wighalousin. John Curtiss who was sent by the Governor day of last, with a Message to the Indians at "Wigha- lousin, being returned from the Indian Country, attended with Pa- pounan and several other Indians who accompanied him from thence, & addressing himself to the Governor, in behalf of Papounan and. the Wighalousin Indians, spoke as follows : "Attend to me Brother, and you our new Brother, who are lately arrived. "You gave me a Belt of Wampum with a Message to send away to the Nanticokes, which I carried to them. When I delivered it there were Seven Nations present, who were very glad to receive it It went from Chenango to Onondago, among the Six Nations. " Brothers : " You must not take it amiss that I do not give you an answer to your Message ; I shall send my Answer to Sir William Johnson, from whom you are to expect it. " Brothers : " We of the five Nation Council (the Nanticokes) are very glad that you want an answer so soon to your Belts. You shall know all your Brothers' minds of the Six Nations; They are doing their endeavours to reconcile all matters, and make all things easy. " Brothers : " We are desirous that we may use our mutual Endeavours to live in Friendship together. We can see very well, Brothers, that 78 MINUTES OF THE the evil Spirit stands so between you and us that we can't see each other. This makes us tell you to join us in our Endeavours, that we may remove this evil Spirit on one side if we can ; If you can't remove him out of the way, we shall live but a miserable Life. " Brothers : *' You know, and can see, that we Indians are poor, weak, miser- able People of ourselves, but if you join your endeavours to ours, we can remove him out of the way. " Brothers : " You told us this to remember how our forefathers and Grand- fathers did, and the method they used to make Friendship. " Brothers : *' You look but a little way, but I don't; I look as far back as the Creation, when Grod Almighty first made us, & placed the good Spirit in our Hearts. " Brothers : " I desire you to use your Endeavours to live in Friendship. We will do the same and use our Endeavors. Oa the Susquehanna three of my People lie killed by your People, but I don't regard them & shall still use my endeavours to preserve our Friendship. " Brothers : *' You shall never hear a word come out of my Mouth on account of my Young Men, who lie dead on the Susquehanna; I shall, not- withstanding this, use my Endeavours to preserve our Friend- ship." A String Job Chilloway then stood up in behalf of Papounan, says : "Brother: " I have a Message to deliver to you from Newoleka. Newo- leka says : *' Brother : *' Now I shall let you know how I have been used during my Friendship towards the English, I have done my endeavors to stop all these Enemy Indians who passed by me towards your Frontiers. They have threatened me to lay my head on the Logs & cut off my head for taking the White people's part, and they have threatened to tie me. They have put my Men in confinement, for taking the White People's part. Now I will let you know the Enemy Indians' Minds ; What made them so strong that I could not stop them from doing any Mischief, and what they complained of against their Brethren, the English, and what these Enemy Indians say against You. I believe they have told me all they have to complain against you. '* They tell me that the English have killed more of us since the Peace has been made than they did in the first War. They charged these things to me, which gave my Mind great trouble ; and after PROVINCIAL COUNCIL. 79 those four Indians were killed at Fort Allen, I could not stop them by any means at all. I thought they would kill me, and my people, many a time, for offering to stop them. " I have now told you all how I have been tormented in my Mind by these Indians." A White String of three Links. Newoleka further says : " Brother: " I am very glad that I have heard from you. I am now going to give an answer to your Message you sent me by Jn°- Curtis. " I am glad to find you have taken pity on me, and spoken to me in the kind manner you have done. " Brother : " I am glad to hear your Speeches. I am here at present, but can scarcely determine which way to turn myself with my Family, but I will let you know which way I think to remove. I shall go away to Sir William Johnson, among his Indians, where they hold Treaties of Friendship. I therefore, deliver you this Belt, as other Indians used to do, to let you know my mind." A Belt of Seven Bows. ** We have now said all we had to say." 8th December, 1763. MEMORANDUM : The Governor received last Week, by the Packet, the follow- ing Letter, dated the 10th day of October last, from the Right Hon- ourable the Lords Commissioners for Trade and Plantations, inclo- sing the King's Proclamation of the Seventh of the same Month, concerning the Establishment of several New Colonies in North, America, and signifying His Majesty's pleasure, that the same should be made public in the several parts of this Government. His Honour, by the advice of his Council, this day issued a Pro- clamation for that purpose. ^ Letter from the Right Hon'ble, (he Lord's Commiss'rs./or Trade, ibca., to the Gov'r. " Whitehall, October 10th, 1763. "Sir: " We have received His Majesty's Commands to send you the inclosed printed Proclamations, & to desire you will cause the same to be forthwith made Publick in the several parts of your Govern- ment, taking especial care that you do exactly conform to the orders and regulations therein contained, in so far as depends upon your- 80 MINUTES OF THE ^ \ self, and that you do strictly enjoin all Persons whatever, whom it may Concern, to pay a due Obedience \hereto on their parts. " We are, Sir, " Your most Obedient, humble Servants, '' HILLSBOROUGH, "SOAME JEiNYNS, "E'" BACON, "JOHN YOKKE. " John Penn, Esq' ^^ By the Ilonourahle JOHN PENN, Enquire, Lieutenant Gover- nor, and Commander-in- Chief of the Frovince of tenn^ylvania, and Cou7ities of Neivcaslle, Kent, and Sussex, upon Delaware. ''A PROCLAMATION. "Whereas, His Majesty was graciously pleased on the seventh day of October last, to issue His Royal Proclamation in the words following, viz'- : " George R. : " Whereon, We have taken into our Royal Consideration the ex- tensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace, concluded at Paris the tenth day of February last, and being desirous that all our loving Sub- jects, as well of our Kingdoms as of our Colonies in America, may avail themselves, with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Com- merce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council, to issue this Our Royal Procla- mation, hereby to publish and declare to all Our loving Subjects, that We have, with the advice of our said Privy Council, granted Our Letters Patent under our Great Seal of Great Britain, to erect within the Countries and Islands ceded and confirmed to us by the said Treaty, Four Distinct and separate Governments, stiled and called by the Names of Quebec, East Florida, West Florida, and Grenada, & limited & Bounded as follows, viz'-: " First. The Government of Quebec, bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake S'- John to the South end of the Lake nigh Pissin ; from whence the said Line crossing the River S'' Lawrence and the Lake Champlain, in Forty-five degrees of North Latitude, passes along the high Lands which divide the Rivers that empty themselves into the said River S'- Lawrence from those which fall into the Sea; And also along the North Coast of the Bayedes Chaluers and the Coast of the Gulph of S' PROVINCIAL COUNCIL. 81 Lawrence to Cape Rosieres, and from thence crossing the ]Mouth of the River S'- Lawrence bj the West end of the Island of Anticosti, terminates at the aforesaid River of S'- John. " Secondly, The Government of East Florida, bounded to the Westward by the Gulph of Mexico & the Apalachicola River; to the Northward, by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the Source of S'' Mary's River, and by the Course of the said River to the At- lantick Ocean ; and to the Eastward and Southward by the Atlantick Ocean, and the Gulph of Florida^ including all Islands within Six Leagues of the Sea Coast. " Thirdly, The Government of West Florida, bounded to the Southward by the Gulph of Mtxico, including all Islands withia Six ]jeagues of the Coast from the River Apalachicola to Lake Pontchatrain ; to the Westward by the said Lake, the Lake Mauri- pas, and the River Missisippi, to the Northward by a Line drawa due Bast from that part of the River Missisippi which lies in 31 Degrees North Latitude, to the River Apalachicola or Cotahouchie ; & to the Eastward by the said River. •* Fourthly, The Government Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Domnico, S'' Vincents, and Tobago. ^ ''And, to the end that the open and free Fishery of our Subjects. may be extended to and carried on upon the Coast Labrador and the adjacent Islands, We have thought fit, with the advice of our said Privy Council, to put all that Coast from the River S' Johns to Hudson's Streights, together with'the Islands of Anticosti and Madalaine, and all other smaller Islands lying upon the said Coast, under the care and inspection of our Governor of Newfoundland. " We have also, with the advice of our Privy Council, thought fit to annex the Islands of S'- Johns & Cape Breton or Isle Royal, with the lesser Islands adjacent thereto, to our Government of Nova Scotia. " We have also, with the advice of our Privy Council aforesaid, annexed to cur Province of Georgia, all the Lands lying between the Rivers Altamaha & S'' Mary's. " And Whereas, it will greatly contribute to the speedy settling our said new Governments, that Our loving Subjects should be in- formed of Our paternal Care for the Security of the Liberties add Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this. Our Proclamation, that We have, in the Letters Patent, under our Great Seal of Great Bri- tain, by which the said Governments are constituted, given express Power and Direction to our Governors of our said Colonies respect- ively, that so soon as the state and Circumstances of the said Colo- nies will admit thereof, they shall, with the advice & consent of the members of Our Council, summon & call General Assembliefl within the said Governments respectively, in such manner & form VOL. IX. — 6. 82 MINUTES OF THE as is used and directed in those Colonies and Provinces in America, which are under Our immediate Government; And We have, also, given power to the said Governor, with the consent of Our said Councils, and the Representatives of the People, so to be summoned as aforesaid, to make, constitute, & ordain Laws, Statutes, and Or- dinances, for the Publick Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, & under such Regulations & Restrictions as are used in other Colonies ; And in the mean time, & until such Assemblies can be called, as aforesaid, all persons inhabiting in, or resorting to our said Colonies, may confide in Our Royal Protection for the Enjoyment of the benefit of the Laws of Our Realm of England ; for which purpose We have given power, under our Great Seal, to the Governors of our said Co- lonies respectively. To erect & Constitute, with the advice of our said Councils respectively. Courts of Judicature & Publick Justice within our said Colonies, for the hearing & determining all Causes, as well Criminal as Civil, according to Law and Ejquity, and as near as may be agreeable to the Laws of England, with Liberty to all Persona who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in Our Privy Council. " We hav,e also, thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of Our said Three New Colonies upon the Continent, full Power and Authority to settle and agree with the Inhabitants of our said New Colonies, or with any other Persons who shall resort thereto, for such Lands, Tenements, & Hereditaments, as are now, or hereafter shall be in our Power to dispose of, and them to grant, to any such Person, or Persons, upon such Terms, and under such moderate Quitrents, Services, & Acknowledgments, as have been appointed and settled in our other Colonies, and under such Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and Settlement of Our said Colonies. " And Whereas, We are desirous, upon all Occasions, to testify Our Royal Sense and Approbation of the Conduct k Bravery of the Officers and Soldiers of Our Armies, and to reward the same. We do hereby command and impower Our Governors of Our said Three New Colonies, and all other Our Governors of Our Several Pro- vinces on the Continent of North America, to grant, without Fee or Reward, to such reduced Officers as have served in North Amer- ica during the late War, and to such private Soldiers as have been, or shall be disbanded in America, and are actually residing there, & shall personally apply for the same, the following Quantities of Lands, subject, at the expiration of ten Years, to the same Quit- rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultiva- tion and Improvement, viz'': " To every Person having the Rank of a Field Officer, Five PROVINCIAL COUNCIL. 83 tkousand Acres ; To every Captain, Three thousand Acres ; To every Subaltern, or Staff Officer, Two thousand Acres ; To every Non- Commission Officer, Two hundred Acres ; To every private Man, fiftj^cres. " We*do likewise authorize and require the Governors & Com- manders-in-Chief of all Our said Colonies, upon the Continent of North America, to grant the like quantities of Land, and upon the same Conditions, to such Reduced Officers of our Navy of like Rank, as served on Board our Ships of War in North America, at the times of the Reduction of Louisburg and Quebec in the late War, and who shall persoeally apply to our respective Governors for such Grants. ^^And Whereas^ it is just and reasonable, and essential to Our Interest & the Security of Our Colonies, that the several Nations or Tribes of Indians with whom We are connected, & who live under Our Protection, should not be molested or disturbed in the posses- sion of such parts of Our Dominions & Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds ; We do, therefore, with the advice of our Privy Council, declare it to be Our Royal Will and Plea- sure, that no Governor or Commander-in-Chief of any of Our Colo- nies of Quebec, East Florida, or West Florida, do presume, upon any pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions ; as also, that no Governor or Com- mander-in-Chief in any of our other Colonies or Plantations in America, do presume, for the present, and until Our further plea- sure be known, to grant Warrants of Survey, or pass Patents, for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantick Ocean from the West & North West, or upon any Lands whatever, which, not having been ceded to, or pur- chased by Us, as aforesaid, are reserved to the said Indians, or any of them. "And We do farther declare it to be our Royal Will & Pleasure, for ihe present as aforesaid, to reserve under Our Sovereignty, Protection, aad Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three New Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands & Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West, as aforesaid; And We do hereby strictly forbid, on pain of Our dis- pleasure, all our loving Subjects from snaking any purchases or Settleiaeuts whatever, or taking Possession of any of: the Lands above reserved, without our especial Leave and Licence for that purpose first obtained. " And We do further strictly enjoia and require all Persons whatever, who have either wilfwlly or inadvertently seated them- selves upon any Lands withia the Couq tries above described, ot 84 MINUTES OF THE Tjpon any Lands whieb, not havypg been ceded to or pnrcbased hy Us, are still reserved to tke said Indians as aforesaid, forthwith So remove themselves from such Settlements. ^ ''^nd Whereas, great Frauds and Abuses have been comriRted' in the purchasing Lands of the Indians, to the great prejfidiee of our Interest, and to the great Dissatisfaction of the said Indians ; m order, therefore, to prevent such Irregularities for the future, & to the End, that the Indians naay be convinced of our Justice and determined Resolution to remove all Reasonable Cause of Discon- tent, We do, with the advice of our Privy Council, strictly enjoim and require^ that no private Persoa do presume to make any pur- chase from the said Indians of any Lands reserved to the said In- dians, within those parts of our Colonies where We have thought proper to allow Settlement, but that if at any time any of the said' Indians should be inclined to dispose of the said Lands, the same shall be purchased only for Us, in Our Name, at some poblick Meeting or Assembly of the said Indians, to be held for that pur- pose, by the Governor or Commander-in-Chief of Our Colonies, respectively, within which they shall lie, and in ease they shall lie- within the Limits of any Proprietary Government, they shall be purchased only for the use and in the Name of such Proprietaries, conformable to such Directions & Instructions as We or tbey shali think proper to give for that purpose ; And We do, by the advice of Our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all Our Subjects whatever, pro- vided that every person who may incline to Tradg with the said Indians, do take out a Licence for carrying on Buch Trade, from the Governor or Commander-in-Chief of any of our Colonies, respectively, where such person shall reside, and also give security to observe such Regulations as We shall at any time think fit, by Ourselves or by Our Commissaries, to be appointed for this purpose, to direct & appoint for the Benefit of the said Trade; And We do hereby Authorize, enjoin, & require the Governors & Commanders-in-Chief of all Our Colonies, respectively, as well those under our immediate Government as those under the Government & Direction of the Pro- prietaries to grant such Licences without Fee or Reward, taking especial care to insert therein a Condition, that such Licence shall ibe void, and the security forfeited, in ease the person to whom the- same is granted shall refuse or neglect to observe such Regulations- ,^s We shall think proper to prescribe, as aforesaid. " And we do further express, enjoin, and require all officers what- ever, as well military as those employed in the management & di- rection of Indian Affairs, within the Territories reserved as afore- said for t-he use of the said Indians, to seize and apprehend all persons whatever, who, standing charged with Treasons, Misprisions of Treason, Murders or other Felonies or misdemeanors, shall fly from Justice & take refuge in the said Territory, and to send them, under a proper Guard, to the Colony where the Crime was con:iHiit- PROVINCIAL COUNCIL. 85 ted of wbieh they staBid accused, in order to take their tryal for th« same. *' Given &t Our Court at St. James's the Seventh day of October, ■one thousand seven hundred and sixty-three, in the Third Year of Our Keign. " jind Whereas, a Copy of the said Proclamation hath been, transmitted to me by the Kight Houourable the Lords Commission- •ers of Trade & Plantations, who have also signified to me Hia Majesty's Royal Wiirand Pleasure that the same should be pub- lished in the several parts of my Government, to the End that all His Majesty's Subjects there may pay due Obedience thereto, and strictly observe the same. I have, therefore, in Obedience to the said Koyai Order, signified to me as aforesaid, with the advice of the Council, caused the said Proclamation te be this day published, and do hereby strictly charge and command all His Majesty's Subjects svithio this Province to take notice of His Royal Will &, Pleasure ■therein made knows, & to "Brother: " We (the Conestogoe Indians) take the present opportunity, by Capt"- Montour, to welcome you into this Country by this String of Wampum, and as we were settled at this place by an Agreement of Peace and Amity established between your Grandfathers & ours, PROVINCIAL COUNCIL. 89 We now promise ourselves your favour and protection, and as we have always lived in Peace and Quietness with our Brethren & Neigh- bours round us during the last & present Indian Wars, We hope now, as we are deprived from supporting our Families by hunting, as We formerly did, you will consider our distressed Situation, & grant our Women and Children some Cloathing to cover them this Winter. The Government has always been kind enough to allow us some Provisions, and did formerly appoint People to take care of us, but as there is no person to take that upon him, & some of our Neighbours have encroach'd upon the Tract of Land reserved here for our use. We would now beg our Brother the Governor to appoint our Friend Captain Thomas M'Kee, who lives near us and under- stands our Language, to take care, and see Justice done us. '' SOHAYS, >i his Mark. " INDIAN, >i his Mark, or CUYANGUEPvRYCOEA, his « SAGUYASOTH A, X or JOHN. Mark. " Conestogoe, Nov'- 30th, 1763." The Governor having received, on Friday last, a Letter, dated the 14th Instant, from Edward Shippen, Esq'' at Lancaster, ac- quainting him that a Party of Armed Men had that Morning mur- dered Six of the said Conestogoe Indians at their Town, laid the same before the Board, which was read, viz'' : A Letter to the Governor from Edward Shippen, Esquire. *' Lancaster, 14th December, 1763, Evening. " Honoured Sir : " One Robert Edgar, a hired Man to Captain Thomas M'Kee, living near the Borough, acquainted me to day that a Company of People from the Frontiers had killed and scalped most of the In- dians at the Conestogoe Town early this Morning ; he said he had his information from an Indian boy who made his Escape ; Mr. Slough has been to the place and held a Coroner's Inquest on the Corpses, being Six in number; Bill Sawk and some other Indians were gone towards Smith's Iron Works to sell brooms ; but where they are now we can't understand ; And the Indians, John Smith, & Peggy, his Wife, and their child, and Young Joe Hays, were abroad last night too, and lodged at one Peter Swar's, about two ^ miles from hence; These last came here this afternoon, whom we acquainted with what had happened to their Friends & Rela- tions, and advised them to put themselves under our Protection, which they readily agreed to ; And they are now in Our Work House by themselves, where they are well provided for with every necessary. Warrants are issued for the apprehending of the Mur- 90 MINUTES OF THE derers, said to be upwards of fifty men, well armed & mounted. I beg my kind Complements to Mr. Richard Penn, & I am with all due Hegards, "Sir, Your Honour's Obliged "Friend, and most humble Servant, "EDW^- SHIPPEN. " The Hon"' John Penn, Esq"" ' Governor." Whereupon, the Council being moved with the cruelty & barbarity of the above action, & apprehending that the Indians who were settled at Conestogo were under the protection of this Government and its Laws, and that consequently the killing them without Cause or provocation, amounted in Law to the Crime of Murder, advised the Governor to write immediately to the Magistrates of the Coun- ties of York, Lancaster, &; Cumberland, to exert themselves on this Occasion, and issue Warrants, & do everything in their power for the Apprehending all the Principals concerned in the said Crime, & their Accomplices, and securing them, that they may be brought to Justice, and further, that a Proclamation be issued, ordering all Officers of Justice to be aiding & assisting therein. Then was read the following Letter from General Gage, of the 12th Instant, renewing General Amherst's requisition of Troops from this Province, for carrying on an Offensive War against the Indians, viz' : A Letter from General Gmje to the Governor. " New York, 12 December, 1763. "Sir: " I am to hope. Sir Jeffery Amherst's departure from America, will make no alteration in respect of the Requisition he made in his Letter of the 5th Novem' > from the Province of Pennsylvania, of a body of One thousand Men for the Service of the next Year. But, as I have succeeded Sir Jeffery Amherst in the Command of His Majesty's Forces in North America, it behooves me to neglect nothing which might promote a Service so essential to the future Interests and happiness of all the Colonys; And, therefore, I think proper to make a fresh application to you on this Subject, trusting that the Requisition will not only meet with your Approbation, but that the necessity of the Service for which this aid is Demanded, is 60 Apparent, that it will meet with a favourable Reception from your Council & Assembly, & that we shall thereby be enabled to ' reduce the Savages to a Peace which shall be sure and lasting. " Every thing which S'' Jeffery Amherst promised respecting the Victualling of the Troops and providing them with Arms h Tents, shall be complied with. I am, with great Regard, Sir, " Your most Obedient humble Servant, " THOS. GAGE. " The Hon*"'= Governor Penn.' PROVINCIAL COUNCIL. 91 The Governor having summoned the House of Assemblj to meet on this day, laid before the Board a Draft of a Speech, which he proposed to deliver to the Assembly as soon as they informed him of their being met, and the same was read & approved, and is as fol- lows : Mr. Speaker and Gentlemen of the Assemhli/. " Nothing but my indispensable duty to His Majesty, and a sin- cere Desire to promote the Welfare and Happiness of the Good People of this Government (to which the Honourable Proprietaries, with the King's Royal Approbation, have lately been pleased to ap- point me), could have prevailed on me to call you together before the time of your own adjournment, as I presume you had considered and fixed upon that as the most convenient to your domestick af- fairs ; But I am persuaded the same motives which have influenced me on this occasion, will induce you chearfully to prefer the neces- sary Service of the Publick to all private Considerations. " I am to inform you. Gentlemen, that very soon after my Arrival, I received a Letter from Sir JefFery Amherst, designed at first, for my immediate Predecessor, Mr. Hamilton, but (on notice of my having ta- ken upon me the Government), inclosed to me, in which he requests that I would use my influence with the Council & Assembly of this Pro- vince, to raise one thousand Men, exclusive of Commissioned Offi- cers, to be divided into Two Corps, of Ten Compauiet. each, com- manded by their proper Field Officers, and that it will be necessary the whole should be raised and ready to join the King's Troops, or to be sent on such Service as the Commanding Officer in the South- ern District may direct, by the first of March next, and the time of their Service limited to the first of November following; tho' he hopes every thing may be finished long before that period, in which case the Troops will be sent back to the Province. You will see by the Letter which I have ordered to be laid before you, that the General undertakes to furnish the Men that shall take the Field with Tents, Provisions, and Arms, at the King's expence. All, therefore, that is desired of us, is, to make provision for their pay, and to find them in Cloathing, which may consist of a short Jacket, flannel Waistcoat, Leggings, &ca. You will also be informed by the said Letter, that the General hath made Applications to the provinces of New York and New Jersey, and to the Colony of Vir- ginia, for certain Quotas of Men, to act in Conjunction with the King's Troops off"ensively against the Indians, the former by way of Lake Erie, &c^ ' the latter in concert with ours, against the Dela- wares, Shawanese, and other Tribes, who have commitied Hostili- ties against us. These measures he judges to be the most probable for crushing the present Insurrections of the Indians, & the most effectual for reducing them, & securing Peace and Quiet to the Set- tlements hereafter. This Requisition hath since been warmly re- 92 MINUTES OF THE newed by General Gage, who hath lately succeeded to the Chief Command of His Majestie's Forces in North America. "Gentlemen : " Every Man who is acquainted with the great Extent of Fron- tier of this and the neighboring Colonies, and considers the manner in which the Indians make War, must see the Disadvantages each particular Province must labour under in endeavouring singly to defend its own Settlements, and that nothing but a vigorous exer- tion of the united Strength of the whole, & carrying the War into the Enemie's Country, can eifectually secure our back Inhabit- ants from the barbarous inroads of the Savages, Or is so likely to reduce them speedily to hearken to reasonable Terms of Accommo- dation. I do, therefore, most heartily recommend this matter to your Consideration, and doubt not from your known Zeal for the King's Service in general, and your regard for the safety of this Province in particular, you will comply with a Demand which may be attended with such happy Effects to both. " Gentlemen : " I, with pleasure, take the first opportunity of speaking to you as a Body, to acquaint you that I have it in charge from the Pro- prietaries to assure you of their paternal Regard and affection for the good people of this Province, and that they wish for nothing more than to promote their real Plappiness. As to myself, I can with great Truth say, that I am most sincerely disposed to do every thing in my power that may tend to the advantage & prosperity of the Province, and to cultivate and improve that Harmony and good understanding with this and all future Assemblies, during my Ad- ministration, which is so essentially necessary to the publick good, as well as to the ease and happiness of the several Branches of the Legislature. " JOHN PENN. « 20th December, 1763." The Governor, agreeable to the advice of the Council, wrote the following Letter to the magistrates of York, Lancaster, & Cum- berland Counties, viz' : " Philadelphia, 19th Decem'- 1763. " Gentlemen : '' Having received Information that on Wednesday, the 14th In- stant, a party of Men, armed and mounted, did, without cause or provocation, and in defiance of all Authority, proceed to the Cones- togo Indian Town, in Lancaster County, and murder Six of our Friendly Indians, settled there under the Protection of this Gov- ernment and its Laws. I do hereby direct and require you imme- diately to exert yourselves on this occasion, & to issue Warrants and take all other Measures in your power for the apprehending all PROVINCIAL COUNCIL. 93 the Principals concerned in the murder of the said Indians and their accomplices, & securing them in some of the Gaols of this Province, that they may be brought to Justice, & receive a legal tryal for the Crimes they have committed. *' I am, Gentlemen, " Your very humble Servant, '' JOHN PENN. " To the Magistrates of the Counties of Lancaster, York, and Cumberland." At a Council held at Philadelphia, on Tuesday, the 20th De- cember, 1763. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Esq"^ Benjamin Shoemaker, Richard Peters, William Logan, Benjamin Chew, The Governor, having received a Message this morning from the Assembly by two members, acquainting him that a Quorum of the House was met pursuant to His Summons, and were ready to re- ceive any thing he had to lay before them, and that they desired a Copy of the Writ by which the House were convened, to which the Governor made answer that he intended to meet them in the Coun- cil Chamber this day at 12 o'Clock, & should send the Secretary with one of the Writs. The Council being met, the Secretary was ordered to acquaint the House that he required their attendance in the Council Chamber, and to deliver to them one of the Writs by which they had been called together. The Speaker and the whole House attending, accordingly the Governor made the Speech to them agreed upon Yesterday. The Governor then delivered to the Speaker the several Letters from General Amherst & General Gage, referred to in his Speech. At a Council held at Philad*- on Wednesday, the 21st December, 1763. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, Richard Peters, & Benj°- Chew, Esquires. The Council taking into Consideration the late Conferences with Papounan & other Indians from Wighalousin, as well as the un- 94 MINUTES OF THE happy aflFair of the Conestogo Indians, wefe of opinion, that the few friendly Indians left at Wighalousin by Papounan should be invited down to Philadelphia, & be taken under the protection of the Government, & that those of the Conestogo Indians who escaped the Fury of the Rioters, ought to be immediately removed for their better Security, & therefore advised the Governor to desire the Con- currence of the Assembly in these Measures, & that they would provide for the necessary expence attending them ; for which pur- pose a draught of a Message was immediately prepared, read and approved, & the Secretary was ordered to transcribe the same, and carry it to the House this Evening, and at the same time lay before them the Minutes of Indian Conferences therein referred to for their perusal. A 3/essage from the Governor to the Assembly. " Gentlemen : "I lay before you the Minutes of several Conferences I have held with Papounan & some other Indians, who live at Wighalousin, on the River Susquehanna. I have no reason to doubt that they have disclosed to me all that they really know of the present state of the Indian War, and of the Cause assigned by the Enemy Indians in their Neighbourhood for their renewing Hostilities against us. They have intimated to me that they, and a few others with whom they are connected, being really our sincere Friends, are uneasy at their present Situation, and would incline to come and live among us, if we would receive &; protect them. They have been very im- portunate with me for an immediate Answer, alledging, as they have been very kindly treated by us, if this overture should be likewise favourably accepted, that it would confirm those who are already well disposed, & also incline many others, who are at pre- sent in Arms against Us, to sue for Peace. " The Commissioners who are joined with me in the Disposition of the Publick Money, were made acquainted with this affair ; and tho' they agreed with me as to the Expediency and Utility of the Measure, yet as it would be attended with Expence, & the public Funds were nigh exhausted, we did not think proper to go into it I therefore recommend it to you to consider this matter, & if you concur with me in Opinion that this will be for the public Service, & will provide a Fund on the Occasion, I desire you will give me your answer as soon as possible, that I may no longer detain the Indians, who are impatient to return home with my Messages. " I am also to lay before you a piece of intelligence I received from Lancaster on Friday last, which has given me the utmost Con- cern. On the 14 Instant a number of People well armed & mounted, went to the Indian Town in Conestogoe Manor, and, without the least Reason or Provocation, in cool blood, barbarously killed Six of the Indians settled there, & would probably have PROVINCIAL COUNCIL. 95 treated all the rest with the same cruelty, had they not Providen- tially been abroad at that time ; & after burning all their Houses the Perpetrators of this inhuman & wicked Action retired. " As the Indians were seated on the Manor by the Government, & had lived there peaceably & inoifensively during all our late Troubles, I conceived they were as much under the Protection of the Government, & its Laws, as any others amongst us, wherefore I thought it my Duty to do every thing in my power for the im- mediate apprehending & bringing to Justice the Authors of this horrid Scene ; & accordingly, by the advice of the Council, I have dispatched Letters to the Magistrates of Lancaster, Cumberland, and York Counties, requiring and charging them to exert them- selves &, endeavour, by all possible means, to discover and secure the Principals concerned in this outrageous Act, and their Accom- plices. I am also preparing a Proclamation, ordering and requir- ing all officers civil and military, and all His Majesty's Subjects in this Government, to be aiding and assisting to the Magistrates in the Execution of the Laws on this unhappy occasion. Such of the Conestogoe Indians as had the good fortune to escape the Fury of the abovementioned lawless Party, are now taken under the protec- tion of the Magistracy at Lancaster, and are secured in the Work- house there, but are in great distress for want of necessaries & Apparel, having lost every thing except the little they had on their backs, in their Houses which were burnt. '* As they do not apprehend themselves to be safe where they are, they have, by a verbal Message by one of your Members, requested of me that they may be removed to this city, or its Neigbbourhood ; and I am very ready to comply immediately with their de'sire, pro- vided you will enable me to defray the Expence of it. "JOHN PENN. "December 21st, 1763." Thursday, 22d December. This day the Governor issued the following Proclamation, by the advise of the Council, on the 19th Instant, viz' : "5y the Honourahle JOHN PENN, Esquire, Lieutenant Gov- ernor & Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, & Sussex, upon Delaware : "A PROCLAMATION. " Whereas, I have received Information that on Wednesday the fourteenth day of this Month, a number of People armed & mounted on Horseback, unlawfully assembled together, & went to 96 MINUTES OF THE the Indian Town in the Conestogoe Manor, in Lancaster County, and "without the least Reason or Provocation, in cool blood barbarously killed Six of the Indians settled there, and burnt & destroyed all their Houses & Effects. And Whereas, so cruel and inhuman an Act committed in the Heart of this Province, on the said Indians, who have lived peaceably and inoffensively among us during all our late Troubles, and for many Years before, & were justly con- sidered as under the protection of this Government and its Laws, calls loudly for the vigourous Exertion of the civil Authority to detect the Offenders and bring them to condign Punishment, I have therefore, by and with the advice and consent of the Council, thought fit to issue this Proclamation, and do strictly charge and enjoin all Judges, Justices, Sheriffs, Constables, Ofiicers, Civil and Military, and all other his Majesty's liege Subjects within this Pro- vince, to make diligent Search & Enquiry after the Authors «& Perpetrators of the said Crime, their Abettors and Accomplices, and to use all possible means to apprehend and secure them in some of the Public Gaols of this Province, that they may be brought to their Tryals, and be proceeded against according to Law. " Jlnd Whereas, a number of Indians who lately lived on or near the Frontiers of this Province, being willing and desirous to preserve and continue the ancient Friendship which heretofore sub- sisted between them and the good People of this Province, have, at their earnest request, been removed from their Habitations and brought into the County of Philadelphia, and seated for the pre- sent, for thefr better Security, on the Province Island & in other places in the neighbourhood of the City of Philadelphia, where Provision is made for them at the Publick Expence. I do there- fore hereby strictly forbid all Persons whatsoever, to molest or injure any of the said Indians, as they will answer the Contrary at their Peril. " Given under my hand and the Great Seal of the said Province, at Philadelphia, the twenty-second day of December, Anno Domini, one thousand seven hundred and sixty-three, And in the Fourth Year of His Majesty's Reign. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, Jun'' Secretary. "GOD SAVE THE KING." Saturday, the 24th December. The Governor received a Message from the Assembly by two Members, acquainting him that the House proposed to present an Address to His Honour, and desired to know when he would be PROVINCIAL COUNCIL. 97 pleased to receive it, Esquires. Richard Peters, Joseph Turner, j The Council again taking into Consideration in what manner the friendly Indians at the Province Island might be most effectually secured from the attacks of the Rioters, who lately broke open the Gaol at Lancaster, and killed the Indians there, & have threatened to come down and destroy the Indians placed by the Governor on the said Island, advised the Governor to raise, forthwith, a Company of fifty Men with their proper Officers, and to give them orders to take post at the Province Island, and to keep sufficient Guards over the said Indians, Night and Day, & to defend them to the utmost of their power against all attempts to injure or molest them; hav- ing first obtained the Concurrence of the Provincial Commissioners to defray the expence of the above Measure. A Letter from the Sheriff of Lancaster, of the 27ch of December Ins'-' with the list of Conestogoe Indians were read, and ordered to be put on these 3Iinutes : 102 MINUTES OF THE A Letter to the Governor from John Hay, Esq., Shff. of Lmicasr. Co'ty. " Lancaster, the 27 Decern'-- 1*763. " Sir : " Agreeable to your Orders to me when at Philadelphia, I here inclose a List of the names of the Indians found killed at the In- dian Town in Conestogoe Manor, with the names of the Survivors, fourteen in number, whom I found, on my Return, had been col- lected and placed in the Work house of this County, by my Son, with the assistance of John Miller &Rob'- Beatty (who by appoint- ment of Mess''- Hockley & Peters, had the Care of the Indians be- longing to the Town), where they are properly taken care of, & fed,. k wait for your Honour's further directions relating to them. "I, likewise, agreeable to your Order, give herewith, an account of the Effects and Papers which have been found, belonging to the said Indians, which now remain in the possession of the said Miller and Beatty, in trust for the Indians, to witt : "Three Horses, '^A Writing, or Parchment, purporting an Article of Peace & Amity concluded between the Governor of Maryland & the Chiefs of the Conestogoe & other Indians. " A Writing on Parchment, purporting An Article of Agreement between William Penn, Proprietary, &ea., of Pennsylvania, and the King of the Indians inhabiting in or about the River Susquehan- nah, and other Indian Nations, dated the three & twentieth day of the second month, called April, in the Year one thousand, seven hundred & one. " ' A Letter (which seems to be under the Lesser Seal of the Pro- vince), signed W. Keith, dated Philadelphia, May 26, 1719, di- rected to Civility, & the rest of the Indian Chiefs at Conestogoe. " ' A Letter (which seems to be under the Lesser Seal of the Pro- vince), signed W. Keith, dated Philad''-' 5th May, 1719, directed to Civility, or Tagotelessa, & the Indian Chiefs at and near Conestogoe. " ' A Writing, purporting a Letter, signed James Logan, dated the 22nd 4 m°- 1717, directed to Civility, & the other Indian Chiefs at Conestogoe. " * A Paper (which seems to be under the Lesser Seal of the Pro- vince), signed James Logan, purporting An Order of Co-uncil held at Philadelphia, Sepf- 28th, 1708, or a Request to the Indians to apprehend Nichole Godin, on suspicion of several treasonable Prac- tices against the Government. " ' And Two Belts of Wampum.' " PROVINCIAL COUNCIL. IQ^ "Decern^- 27th, 1763, P. M. '^' Honoured Sir : " Since writing the above, the poor Indians whom we imagined ■were placed in safety are destroyed. A number of Persons to the amount (by their appearance), of fifty or Sixty, armed with Rifles, Tomahawks, &ca., suddenly, about Two o' Clock, rushed into the Town & immediately repaired to the Work House where the In- •dians were confined, & notwithstanding all opposition of myself and the Coroner, with many others, broke open the Work House, and have killed all the Indians there, being the fourteen mentioned in the List to have survived the former Aft'air at their Town. After ■which they in a Body left the Town without offering any insults to the Inhabitants, and without putting it in the power of any one to take or molest any of them without Danger of Life to the Per- son attempting it; of which both myself and the Coroner by our opposition were in great danger. " I have since the above affair taken from Mess"- Miller & Beatty the above mentioned Papers and Belts of Wampum, which I shall keep till I have orders from your Honour, &, any thing further that I can find belonging to the Indians, shall be properly taken •care of. " As it is rumored that the people with a Superior Force intend an Attack on the Province Island, with a view to destroy the In- dians there, I think proper to mention it to your Honour, & shall do all in my power not only to apprehend the Offenders but to pre- serve the Peace of the County. " I beg your Honours directions, which I shall endeavour punc- tually to observe, being " Your Honours Most Obed'- Humble Serv'-' ^' JOHN HAY. " To the Hon"^- JOHN PENN, Esq"- Governor of the Province of Pennsylvania, &ca." List of the Indians killed at the Indian Town in Conestogoe Manor : Their Indian Names : Sheehays Sheehays, George Wa-a-shen, Harry Tee-Kau-ley, A sou of Sheehays, Ess-cauesh, Sally, an Old Woman, Toa-wonsha-i-ong, A Woman, Kannenquas. List of the Indians belonging to the Conestogoe Town in the Work House at Lancaster : Captain John Kyunqueagoah, Betty, his Wife Koweenasee, Bill Sack Tenseedaagua, 104 MINUTES OF THE Molly, Lis Wife Kanianguas, John Smith Saquies-hat-tah, Peggy, his Wife Chee-na-wan, little John, Capt. John's Son Quaachow, Jacob, a Boy Shae-e-kah, Young Sheehays, a Boy Ex-undas, Chrisly, a Boy Tong-quas, little Peter, a Boy, Hy-ye-naes, Moll}'^, a little Girl Ko-qoa-e-un-quas, a little Girl Karen -do-uah, Peggy, a little Girl Canu-kie-sung. The names taken from Peggy, Wife of Jn"- Smith, and ] prae. Betty, wife of Captain John. j John Hay. Lancas'^' 27th Deeem^- 1763. The Council further advised the Governor to write to General Gage & Sir William Johnson, and inform them of these riotous pro- ceedings, and of the measures taken by the Government to suppress them; to desire the General would give directions to the Command- ing Officer of the King's Troops, quartered at Carlisle, to support and assist the Government in the Execution of the Civil Authority, in putting a stop to any Insurrections of the like kind for the future ', & to recommend it to Sir William Johnson to acquaint the several Tribes of the Six Nations M'ith the murder of the Conestogo In- dians by a party of lawless rioters, & with the measures taken by issuing Proclamations offering rewards for apprehending the perpe- trators of those Barbarities, & to set the whole affair to the Indians in its true & proper light, that they may not impute to this Govern- ment any Breach of Faith with respect to those Indians. Accordingly Letters were prepared by the Governor to General Gage & Sir William Johnson, which follow in these Words, viz'- : A Letter to His Excellency General Gage from the Governor. "Philadelphia, olst December, 1703. "Sir: " I think it necessary to inform you that on the 14th Instant, a number of the Inhabitants on the Western frontiers of this Pro- vince, without any authority, assembled in arms & proceeded in a a party of between fifty and sixty men to the Indian Town in the Conestogoe Manor, in Lancaster County, and there, without the least Cause, eruelly put to death Six of the Friendly Indians, who had peaceably and inoffensively resided there for many Years past, by permission from this Government, and after burning and destroy- ing their Houses and Effects, precipitately retired. Upon receiving Information of this barbarous Outrage, I immediately dispatched Orders to the Magistrates of the back Counties to use their utmost Endeavors to apprehend and confine the Offenders, that they might be brought to Justice, & likewise issued the inclosed Proclamation. PROVINCIAL COUNCIL. 105 "Notwithstanding ■which, these daring rioters on tlic 27th Inst''' again assembled in Arms, & came down in a large Body to the Town of Lancaster, broke open the Work House, and murdered fourteen of the Conestogo Indians, who had before escaped their Fury, and were confined there by the Magistrates for their security. " I have been since informed they have threatned to proceed to the Province Island, a few miles below this City, to destroy a num- ber of other friendly Indians, amounting to about 140, seated there by the Government for their protection. I have taken the best measures I could for their preservation, but as these lawless rioters, flush'd & embolden'd by their Success, and encouraged by their num- bers, may possibly carry their insults upon the Government & its Laws still further, & raise such Tumults and Insurrections as it may not be in my power to suppress without the aid of a Military Force ; and as there is too much reason to expect that our Provin- cial Troops, if they could be spared, could not be brought to act vigorously against their Friends, Neighbours, and relations, I am under the necessity of making application to your Excell"*' for the assistance of the King's regular Troops in this Province, to support the Civil Authority in the Execution of the Laws in case of need, and to give a check to these daring attacks upon Government. As I understand that three Companies are quartered in Carlisle for the Winter, I beg you will be pleased to give directions to the Com- manding Officer there, to afford me his best assistance in case the present Emergency I apprehend should lay me under the necessity of calling those Troops to the aid of the ProAiince, and that he may be directed by your Excellency to obey such Orders as I may think proper to give him, for the preserving peace and good Order, & Supporting and Executing the Laws. " I take the Liberty to inclose you a Letter to Sir William John- son, to whom I have communicated the above mentioned unhappy affair, and desired him to represent it to the Six Nations in its true light, that they may not impute any Breach of Faith to this Gov- ernment, & beg the favour of you to forward it by the first conve- nient Opportunity. " I am, with great regard, Sir, - "Your Excellency's Most Obedient humble Servant, "JOHN PENN. " To His ExcelP^ Gen'- Gage." A Letter from the Governor to Sir William Johnson. " Philad^' 31st December, 17G3. " Sir : "I think it necessary to inform you, that on the 14th Inst, a number of the Inhabitants on the Western frontiers of this Pro- 106 MINUTES OP THE vince, witbout any Authority, assembled in Arras, and proceeded in a Party of between fifty & Sixty Men, to the Indian Town in the Conestogo manor, in Lancaster County, & there, without the least Cause, cruelly put to death Six of the friendly Indians, who had peaceably and inoffensively resided there for many years past, by Permission from this Government, & after burning and destroying their Houses and Effects, precipitately retired. Upon receiving In- formation of this barbarous outrage, I immediately dispatched Or- ders to the Magistrates of the back Counties, to use their utmost Endeavours to apprehend and confine the Offenders, that they might be brought to Justice, & likewise issued the inclosed Proclama- tion. "Notwithstanding which, these daring Eioters, on the 27th In- stant, again assembled in Arms, & came down in a large body to the Town of Lancaster, broke open the Work House, & murdered fourteen of the Conestogo Indians, who had before escaped their Fury, and were confined there by the Magistrates for their Se- curity. " As this affair may be misrepresented to the Six Nation Indians, & give them an unfavourable Idea of the Faith of this Government, and may moreover be attended with other bad Consequences, I must beg you will take the properest method of acquainting them with the Truth of this Transaction, & of removing any disadvanta- geous Impressions they may have received from an imperfect account of the matter. Every good Man must look upon the Con- duct of the Perpetrators of these unparelleled Villanies with Abhor- rence & Detestation, who, at the same time that they have imbrued their hands in innocent Blood, have set themselves above, & violated those very Laws under which they themselves derive the Rights of Security & Protection. I am preparing a Proclamation, offering a high reward for the discovering and apprehending the Ringleaders of this Party, and you may be assured that nothing in my power shall be wanting to bring them to the Punishment justly due to their Crimes. " I am. Sir, your most Obed'- hble. Servant, " JOHN PENN. " To Sir William Johnson." Monday the 2d January, 1764. This day the Governor issued a Proclamation, as agreed on in Council the 29 of last Month, which follows] in these words, viz'': PROVINCIAL COUNCIL. 107 " By the Honourable JOHN PENN', Esquire, Lieutenant Gov- ernor & Commander-in-Chief of the Province of Pennsylvania^ & Coimties of JSewcastle, Kent, & Sussex, on Delaware. " A PROCLAMATION : " Whereas, on the twenty-second day of December last, I issued a Proclamation for the apprehending and bringing to Justice a number of Persons who, in violation of the Public Faith, & in De- fiance of all Law, had inhumanly killed Six of the Indians who had lived on Conestogoe Manor for the Course of many Years, peaceably and inoifensively, under the Protection of this Govern- ment, on Lands assigned to them for their Habitation. Notwith- standing which, I have received Information that on the Twenty- seventh of the same Month, a large party of armed Men again assembled and met together in a riotous & tumultous manner, in the County of Lancaster & proceeded to the Town of Lancaster, where they violently broke open the Work House, and butchered and put to death fourteen of the said Conestogoe Indians, Men, Women, and Children, who had been taken under the immediate Care and Protection of the Magistrates of the said County, and lodged for their better Security in the said Workhouse, till they should be more efi'ectually provided for by Order of the Govern- ment : ,^n(l Whereas, common Justice loudly demands, and the Laws of the Land, (upon the preservation of which not only the Liberty and Security of every Individual, but the being of the Government itself depend), require that the above Oftenders should be brought to condign Punishment; I have, therefore, by and with the advice of the Council, published this Proclamation, & do hereby strictly charge & command all Judges, Justices, Sheriffs, Constables, Officers Civil and Military, and all other his Majesty's faithful and liege Subjects within this Province, to make diligent Search and enquiry after the Authors and Perpetrators of the said last men- tioned Offence, their Abettors and Accomplices ; and that they use all possible means to apprehend and secure them in some of the public Gaols of this Province, to be dealt with according to Law. And I do hereby further promise and engage, that any Person or Persons who shall apprehend & secure, or cause to be apprehended and secured, any three of the Ringleaders of the said party, and prosecute them to conviction, shall have and receive for each the publick reward of Two Hundred Pounds; and any Accomplice, not concerned in the immediate shedding the Blood of the said Indians, who shall make discovery of any or either of the said Ringleaders & apprehend and prosecute them to conviction, shall, over and above the said Reward, have all the weight and influence 108 MINUTES OF THE of the Government for obtaining his Majesty's Pardon for his Offence. " Given under my hand and the Great Seal of the said Province, at Philadelphia, the second day of January, in the fourth Year of His Majesty's Reign, & in the Year of our Lord, one thou- sand seven hundred & Sixty-four. "JOHN PENN. " By His Honour's Command. "Joseph Shippen, Jun""' Secretary. "GOD SAVE THE KING." At a Council held at Philadelphia, the 3rd January, 1764, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Shoemaker, Richard Peters, ") -p, „. William Logan, Lyuford Lardner, | ^ The Governor laid before the Board a Letter which he received last Night by Express from Edward Shippen at Lancaster, inclosing a Copy of an Anonymous Letter, dated the 31 December, inform- ing that many of the Inhabitants of the Townships of Lebanon, Paxtou, and Hanover, in Lancaster County, were forming themselves into a Company of 200 Men, to March to Philadelphia, with a de- sign to kill the Indians on the Province Island, & that many of the Farmers near the Mountain had contributed largely to defray the Expences of such of them as were not able to procure Horses, and pay their charges, &ca. " While this matter was under the Consideration of the Board, & a Message was preparing to lay before the Assembly on this oc- casion, The Governor received a Verbal Message from the House, by two Members, letting him know that they had under their Con- sideration Ways and Means for raising Money for the Troops voted by them, and desired the Governor would lay before them an Esti- mate of the Expences attending that service; & further, they ac- quainted the Governor that they had been informed that some fresh barbarous murders had been committed on the Indians at Lancaster, and had seen his proclamation for apprehending the Offenders, and were desirous to strengthen his hands on this occasion. Then was prepared the following Message to the Assembly, which, being read and approved, was ordered to be carried by the Secretary to the House, with the Letter therein referred to : f A Messaije from the Governor to the Jlssemhli/ . " Gentlemen : " I was preparing a message to inform you of the cruel Mas- sacre of the Indians, in the Work House of the Borough of Lan- PROVINCIAL COUNCIL. 109 caster, on the twenty-seventh of last Month, by a wicked and law- less set of Rioters, when I received a Message by two of your Members, that you were already made fully acquainted with the particulars of that horrid Scene of Barbarity, and insolent and dar- ing violation of the Laws. The Letters which I have ordered here- with to be laid before you, prove that the party who perpetrated this outrage do not intend to stop here, but are making great addi- tion to their numbers, and are actually preparing to come down in a large Body and cut off the Jndians seated by the Government on the Province Island; and it is difficult to determine how far they may carry their designs, or where the mischief may end. " You must be sensible, G-entleraen, that the civil power alone is incapable of frustrating the attempts of those abandoned and des- perate Persons, and that no means can be effectual, but the oppos- ing force by force. It is, moreover, particularly unfortunate at this time, that we have no Funds out of which the expence of levying men to strengthen the hands of Government, and protect the In- dians, might be defrayed. "As a moment's time is not to be lost, I must beg ycur serious and immediate attention to this important affair, and hope that, by a Bill in all respects adequate to the present Exigency, you will furnish me with full powers to repel those bold Invaders of Law and Justice, & support the Honour & Dignity of the Govern- ment. "JOHN PENN. " January 3rd, 1764." At a Council held at Philadelphia, Wednesday 4th Jan'- 17G4. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca. William Logan, Richard Peters, > ^^ Lynford Lardner, '^Esquires. A Message from the Assembly, in answer to the Governor's Mes- sage of yesterday, was read in these words : Jl Message to the Governor from the Assembly. " May it please your Honour : "The House have given their "most serious and immediate Attention to the important Affairs" laid before them in Your Hon- our's Message of this afternoon, and considering that the military Force of this Province is at present engaged in the defence cf our long extended Frontier, by your Honour's orders, have unanimously entered into a vote of Credit that they will make Provision for do- aaO MINUTES OF THE fraying the Expence of such additional Force as the Governor & present Provincial Commissioners shall find necessary to Frus- trate the further wicked Designs of those lawless Rioters who have perpetrated the most inhuman murders on the poor defenceless In- dians, ancient Friends of this Province, and living under the Pro- tection of its Grovernmentj And they, with pleasure, acquaint your Honour that they are just now informed a considerable sum has lately been paid into the hands of the Treasurer, which maybe im- mediately applied to the purpose of "repelling those bold invaders of Law and Justice, & supporting the Honour and Dignity of the Government," and which will probably be sufficient, 'till such a Bill as your Honour recommends, can be prepared and considered. "Signed by Order of the House, "ISAAC NORKIS, Speaker. " January 3rd, 1764." The Council considered what was further to be done for the Se- curity of the Indians on the Province Island, and after weighing every thing that was proposed, the Council were of Opinion, that as the Indians themselves requested they might be put under a proper Convoy, and sent to Sir William Johnson, this was the best mea- sure that could, at present, be taken, and the Commissioners agree- ing to defray the Expence that would arise on this Service, it was concluded that no time should be lost in getting things ready for their departure early to-morrow morning. It was particularly fortunate that there was in Town a Detach- ment of Highlanders, under the command of Capf- Robinson, on their March to New York, who, at the instance of the Governor, readily agreed to escort them as far as that City. It was further thought advisable that proper Letters should be sent to Sir William Johnson, Gen'- Gage, Governor Colden, and Gov"'- Franklin. Mr. Logan offered his Service to go to Burlington & Trentown, to procure Passports for the Indians, & to do every thing that might be necessary for their safe conduct thro' the Province of New Jersey. Thursday, the 5th January, 1764. This day the Governor wrote the following Letters to Gen'- Gage, Sir William Johnson, Governor Colden, and Governor Franklin : A Letter to General Gage from the Governor. " Philadelphia, 5th Jan^' 1764. " Sir : "Since my Letter of the 31st of last month, we have been every day alarmed with accounts that those wicked People who commit- PROVINCIAL COUNCIL 111 ted the outrages mentioned in that Letter, were directing their inarch towards this City, in order to kill about 140 Indians that I placed for their Security in an Island at the Mouth of Schuylkill. We could easily defend these Indians, but as they have earnestly entreated to be no longer detained from their Families, and to be sent to Sir William Johnson, I have- consented to it, that their minds may be quieted, & Sir William have an opportunity of rep- resenting this matter to the Nations in the most favourable manner. " I have put them under the Escort of Capt. Robinson, who is now on his march from hence to New York with a Detachment of Highlanders, and very kindly ofiered me his Service on this pressing Occasion. "I am, Sir, " Your most Obedient, humble servant, "JOHN PENN. "To His Excellency Gen' Gage." A Letter from the Governor to Sir William Johnson. " Philadelphia,, 5th January, 17o4. " Sir : " Since my writing to you on the 31 last month, I have had in- telligence that the riotous Parties, which I then informed you had murdered all the Conestogo Indians, are again assembling them- selves in much greater numbers on the Frontiers, and have given out that they will come & destroy about 140 other friendly Indians, who have, for the most part, lived several Years at Bethlehem and Nazareth, & have been lately removed into the neighbourhood of this City for their better Security. But tho' I could easily have afforded them a sufficient Protection, yet I chosen to gratify them in their desire to be sent to you; and have this day embraced the favourable opportunity of sending them off under the Convoy of Capt"- Robinson's party of Highlanders, now on their march to New York. I have wrote to General Gage & Governor Colden, to desire they will be pleased to give directions that they may proceed from thence without molestation, through that Government, till they shall arrive at your House. " I had two reasons for gratifying these Indians in their request; the one, that they might be rendered easy in their minds, & the Wighalousin Indians get home to their Families, who will imagine them put to death, as they will hear what has been done at Lan- caster ; the other, that by them you may have an Opportunity of representing this violent Outrage as done in defiance of Govern- ment, & that I have issued Proclamations ; my second, being in- closed, to apprehend and bring to Justice all that are concerned in 112 MINUTES OF THE those barbarous murders. I have earnestly pressed the Assembly to form a Bill that shall put it in the power of the Government, for the future, to prevent & punish such Enormities as these ; and I hope they will think it now high time to establish a proper mili- tary Law. " I am, Sir, " Your most Obedient, humble Servant, "JOHN PENN. " To S'- William Johnson, Bar'" ^ Letter from the Governor to the Govr. of New York. "Philadelphia, 5th January, 1764. " Sir : " Our back Inhabitants who have indeed suiFered a great deal by the Indian War, have got it into their heads that one Indian should not be sutTered to live among us, and have carried their liesentment so far as to go and kill some Indians who lived under the Faith k Protection of the G-overnraent for Sixty Years in an Indian Town, near Lancaster. Not content with this barbarous outrage, they, in the open day time, march'd into that Town, and there murdered fourteen more Indians who were put in there by the Magistrates for their Security, & after perpetrating these horrid Violences, these lawless people have even threatned to come and kill a number of Indians that I gave leave to sit down in an Island on Schuylkill, in the Neighbourhood of this City. "This might have been easily prevented, as there are Arms and Men enough, who would not have suffered such a monstrous invasion of all Law and Order; but these Indians, who are of a mild disposi- tion, desired they might be permitted to go to Sir William John- son's, from whence they could be easily sent to the heads of the Sus- quehanna, where they have a good acquaintance. " On considering their request, it appeared to the Council that this would not only tend to the quieting the minds of the Indians, which were much disturbed at their Situation &; long absence from their families, who live on Susquehanna, but also be a means of having this matter communicated to the Six Nations & to the several Tribes of friendly Indians in the most favourable manner. " Satisfied of the advantages arising from this measure, I have sent them thro' Jersey and your Government to Sir William John- son, & desire you will favour them with your protection & counte- nance, & give them the proper Passes for their Journey to Sir William's Seat. " I have recommended it in the most pressing Terms to the As- sembly to form a Bill that shall enable me to apprehend these Sedi- PROVINCIAL COUNCIL. 113 tious & barbarous Murderers, and to quell the like Insurrections for the future. " I am, Sir, " Your most Obedient Humble Servant, " JOHN PENN. ''To Governor Golden, at New York." •^ Letter /rem the Governor to Governor Franlclin. " PniLADELrHiA, 4th Jan^^" 1764. ^'Sir: " A number of Friendly Indians, who have been lately taken under the protection of this Government, & seated for their Security on the Province Island, being under great apprehensions of being destroyed by a set of lawless Rioters on the Frontiers of this Pro- vince, who have already put to death all the Conestogo Indians, have requested me to send them up to Sir William Johnson. " As I am willing to comply with their request, I have taken the opportunity of putting them under the guard of Capt"- Robinson's Detachment of Highlanders, who are now on their March to New York. " I beg you will give the necessary orders, that they may pass with safety thro' your Government, and furnish them with such passports as you may think proper. " I am. Sir. Your most Obedient humble Servant, "JOHN PENN. " His Excell' • Governor Franklin." Monday, 9th January, 1764. The Governor having last Saturday received a Letter from the Right Honourable the Earl of Halifax, one of His Majestie's Prin- cipal Secretaries of State, laid the same before the Assembly, ac- companied with a Message, in these words, viz'- : A Message from the Governor to the Assembly. " Gentlemen : " On Saturday last I was favoured with a Letter from the Right Honourable the Earl of Halifax, one of His Majesty's principal Secretaries of State, dated the 19th October last, which, as it is ex- pressive of the Judgment the King has formed of the late Conduct of the Legislature of this Province, founded on advices and dis- patches from Sir Jeffery Amherst, and points out what part his Ma- VOL. IX. — 8. 114 MINUTES OF THE jesty expects the General Assembly of this Province will act in raising & paying Troops, to be employed not only in defending our Frontiers, but offensively, against the Savages, in such manner and at such places as the Commander-in-Chief shall judge necessary to direct. I thought it my duty to communicate it to you without delay, and I have accordingly ordered the Secretary to lay it before you. "JOHN PENN. « January 9, 1764." A Letter from the Right Ilonourahle the Earl of Halifax to the Governor. " S^ James's, October 19, 1763. "Sir: " The King having observed, upon perusal of the dispatches lately received from Sir Jeffery Amherst, that notwithstanding the Insur- rections of the Indian Nations have so long been increasing, and now bear the appearance of becoming general, the Legislature of Pennsylvania have nevertheless inflexibly persisted in refusing or neglecting to pay any Regard to the pressing instances with which Sir JefiFery has repeatedly urged them to contribute to the general Defence of the Country, and Annoyance of the said Indians, by raising and employing a competent number of Troops. His Majesty has commanded me to express to you his Surprize and Displeasure at a Conduct so inconsistent with the Security of the Lives and Properties of his Subjects in Pennsylvania in particular, as well as to the duty they owe to the public Safety in general ; And I am further to signify to you His Majesty's pleasure, that you do recom- mend it to the General Assembly of the Province under your Gov- ernment, in His Majesty's name, to make provision, without further delay, for raising & paying such a reasonable number of Men as the actual state of the War may require, to be employed, not only in protecting and defending the Frontier? of Pennsylvania, but in acting offensively against the Savages, in such manner, and at such places, as Sir Jeffery Amherst shall judge necessary to direct. This is the Conduct which His Majesty, in such a time ot general Danger, has a Right to expect from His Colonies. This is the Conduct of which Virginia set the laudable Example, by calling out & marching a Thousand of her Militia upon the first requisition of the said Commander-in-Chief; And such a mark of Zeal and Duty his Ma- jesty does require & expect from the Province of Pennsylvania, and from other His Colonies in North America. '' I am, with great Truth & Regard, Sir, " Your most Obedient humble Servant, <' DUNK HALIFAX." PROVINCIAL COUNCIL. 115 January 11th, 1764. The Governor received sundry Letters from the Governors of Massachusetts Bay, Khode Island, & New York, desiring the several Quotas of Money, relating to the money that was received by the Province of Pennsylvania, more than their share of the Parliamentary Grants, the same were laid before the House, with the following Message. A Message from the Governor to the Assembly. " Gentlemen : '' My Predecessor, Mr. Hamilton, by a Message, dated the 20th of September last, informed the then Assembly that the Agents for this Province in London, had received out of the Parliamentary Grant in the Year 1761, the sum of Ten thousand nine hundred & forty-seven Pounds Sterling more than the distributive share justly due to us from our Quota of Men raised for the King's Service in the Year 1760, which sum was agreed by the said Agents, to be due to several of our Neighbouring Colonies, who had received less than their true proportion out of the said Grant for that Year. I now lay before you a Copy of the minutes and Agreement of all the Agents impowered to receive the money granted by Parliament to the Colonies of North America, for the Services performed by them in the Year 1700, which set this matter in a clear Light, and shew to what particular Colonies, and in what Proportions the above men- tioned sum is to be repaid by this Province. I also have ordered to be laid before you several Letters which have been received from the Governments of the Massachusetts Bay, Rhode Island, and New York, demanding the payment of their respective Quotas, and earnestly recommend it to you to make Provision, during the Course of the present Session, for the discharge of this Debt, & thereby comply with the Engagements which you will perceive our Agents have entered into for that purpose. "JOHN PENN. " January 11th, 1764." Eodem die, P. M. Two Members of Assembly waited on the Governor with a verbal Message that the House desired to know whether he had any In- structions from the Proprietaries relating to raising Supplies and emitting Bills of Credit, and requested a Copy of them; To which- the Governor ansveered, that he had Instructions on this head, which he would furnish them with to-morrow. They also delivered to the- Governor a Message from the Assembly, which follows in thesa words, viz'-: 116 MINUTES OF THE A Message to the Governor from the Assemlli/. " May it please your Honour : " In answer to your Honour's Message of this Morn^' concerning the Debt of this Province to some of the other Colonies, we beg leave to acquaint you, that having found on the Minutes of the last Assembly the same matter earnestly recommended by the then House, to the consideration of the present Assembly, we had some days since, ordered a Bill to be brought in for discharging that debt, which Bill has accordingly been brought in and read, and is now under the Consideration of the House, we being truly desirous that the Engagements entered into by our Agents, should be hon- ourably discharged as soon as possible. " Signed by Order of the House. " ISAAC NORRIS; ^ealcer. "January lltb, 1764." At a Council held at Philadelphia^, on Thursday, the 12th Jan^- 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca. James Hamilton, Richard Peters, ) -p Lynford Lardner, Benjamin Chew, j ^ Richard Penn, Esquire, took and subscribed the usual Oaths and Declarations to the Government, and then took his Seat as a iMem- ber of Council. The following Message to the Assembly was then prepared & approved, & the Secretary was ordered to carry the same to the House this forenoon, with a Copy of the 11th and 12th instruc- tions from the Proprietaries, relating to a Paper Currency. A Message from the Governor to the Assembly. •" Gentlemen : " I received a verbal Message from you Yesterday, desiring to be informed whether I had any Instructions from the Proprietaries respecting raising Supplies & emitting Bills of Credit in this Pro- vince, & of what Nature such Instructions were. "Though this is not a matter of right, yet to demonstrate to you, Gentlemen, my willingness to oblige you and to do every thing in my power to avoid unnecessary disputes, I now send you a Copy of any Instructions on this head. "JOHN PENN. " January 12th, 1764." PROVINCIAL COUNCIL. 11' A Copy of the Eleventh & Twelfth Instructions from the Proprie- taries to the Governor. " XI. Whereas, all money raised for publick services should be disposed and applied by the Law which raises the same, & such was the ancient practice in the said Province ; You shall, tharefore, aot give your assent to any Bill or Act of Assembly for the Emitting or Re-Emitting, or continuing any paper Currency, or Bills of Credit in the said Province, unless in such Bill or Act of Assem- bly, it shall be enacted that the whole of the Interest money to accrue, arise and become payable from the Loan of all such Paper Currency, shall be clearly and with certainty disposed of, and no part thereof left to be disposed of at the Discretion of the Assem- bly only J Nor shall you give your Assent to any Law for prolonging the present Excise, or laying any other Excise, or raising any money ■on the Inhabitants of the said Pi'oviace of Pennsylvania, unless in all such Acts it be enacted that all money thereby raised, shall clearly & with Certainty be disposed of, and no part thereof left to be disposed of at the Discretion of the Assembly only. "XII. Whereas, in the Twelfth Year of his late Majesty's Reign, the whole sura in Paper Bills, or Bills of Credit of the said Province, amounted oaly to the suui of Four score thousand Pounds Proclamation Money, or thereabouts; but the same is now swell'd and increased to a great & enormous sura ; and although a reasona- ble quantity of Paper money or Bills of Credit in American Pro- vinces, tends greatly to the benefit of those Provinces and the In- habitants thereof, as well as of the Trade of Great Britain, yet too large a quantity hath heretofore in other Colonies, and may in Pennsylvania become greatly detrimental to the Trade and Credit of the same and prejudicial to the Persons having dealings there ; We, therefore, recommend it to you to use your utmost endeavours to keep the quantity of Paper Money or Bills of Credit current from time to time, in the said Province, as low as possible ; and iu case you shall judge it expedient and necessary to consent to any new Bill, either for creating, emitting, continuing, or remitting any Quantity of Paper Money or Bills of Credit, you are to con- form yourself to the Agreement made between us and the Agents of the Assembly of Pennsylvania, which was ratified by his late Majesty in Council, & entered in the Council Books in the Year, 1760 ; and you are effectually to take care that such Paper Money, or Bills of Credit, shall not be capable of being made a Tender, or any satisfaction, or discharge for any Quitrents, or other sterling Payments, due or to become due to us', but that all such Rents k, Payments, shall be paid either in Sterling Money, or according to the Course of Exchange between the said Province of Pennsylvania and Great Britain at the times of Payment, or according to the Tenor of the respective Grants & Res.crvations of such Rents ; or 118 MINUTES OF THE else that some such equivalent be enacted for our indemnity, against any loss by such paper money as was heretofore enacted by Act of Assembly of the said Province of the Twelfth Year of the Reign of his late Majesty, always provided, that on every such Bill strict regard be had on our foregoing Instruction, N"- 11.'' The Governor laid before the Board a Letter from His Excellency General Gage, dated the 6th Instant, in answer to His Honour's Letter of the 31st Ult"- inclosing an Order to the Commanding Officer of the King's troops at Carlisle to aid this Government in Support of the Civil Authority, both which were read & ordered to be entered on these Minutes. A Letter to the Governor from General Gage. New York, Jan='- 6th, 1764. « Sir : " Your favour of the 31st Dec'- came to my hands Yesterday, to- gether with your Proclamation & Letter to S'' W"' Johnson, which last shall be forwarded by first Opportunity. " I expect three compleat Companies of the 1st Battalion of the Royal American, now on their March from Albany, will arrive here in three or four days, and I shall give them orders to proceed to Philadelphia, there to wait your further Orders. This is the mo&t expeditious support I can send to you, but in case you should not judge this Force sufficient to aid and protect the civil Authority, I herewith transmit you an order addressed to the Officer command- ing at Carlisle, which you will make use of or not, as you shall see convenient. I am with great Regard Sir, " Your most Obedient, hum'"- Serv'-- " THO^- GAGE. " To Hon. Lieut'- Gov'- Penn." Gen^l. Gage's Order to the Command' g Officer at Carlisle. By His Excellency the Honouralle THOMAS GAGE, Major Generals Commander-in-Chief of all His Majesty's Forces in North America^ &ca., dxa., &ca. To the Officer Commanding His Majesty's Forces at Carlisle. "The Honourable L'- Governor Penn having made Application to me for the Assistance of the King's Troops in the Province of Pennsylvania to support the Civil Authority in the execution of the LawS; You are hereby directed and required to pay due obe- PROVINCIAL COUNCIL. 119 dience to all such Orders as Governor Penn shall judge necessary to transmit to you, to effect the above mentioned purpose. *' Given under my hand at Head Quarters in New York this Gth day of January, 1764. "THO'GAGE. " By His Excellency's Command. " G. M ATUKIN." At a CouEcil held at Philad*' on Monday, the 16th January 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Esq" Benjamin Shoemaker, Benjamin Chew, Richard Peters, Lynford Lardner, The Governor laid before the Board a Bill which the Assembly had sent him for his Concurrence, entituled "An Act for the pay- ment of £10,947 Sterling, in certain proportions, to several Colo- nies in America," & the same being read, was referred to a further Consideration. The Governor laid before the Board a Letter of the 10th Instant be received on Friday last, from his Excellency General Gage, ac- quainting him that the Lieutenant Governor of New Yoi'k, by the advice of his Council, had determined not to receive the Indians now on their March thither, within his Government, nor suffer them to pass through that Province, & had issued Orders accordingly ; As, also, a Letter of the same date, received yesterday, from Gov' Golden, with a Copy of the Minutes of the Council Board of New York, upon the same subject, all which were read in their Order, and are as follow : "Sir A Letter from General Gage to the Governor. "New York, Jan>- 10th, 1765. " Lieu*- Gov'- Golden will, no doubt, inform you of the advice of the Council assembkd to coiisicier your Letter of the 5 Inst., re- specting the Indians you have lately sent from Philadelphia, under the escort of Capf- Koberson, of Montgomery's Regiment, which is not to receive the Indians within this Government, or suffer them to pass through the Province, but to issue the proper Orders to the Justices and Magistrates of Richmond County to stop& cause them to return ; And Lieut. Governor Coldea acquaints me by Letter, that he was preparing Orders to prevent their being admitted into this Proviqce. As you thought it advisable to put them under the care of 120 MINUTES OF THE the Military, they shall not be abandoned by the escort, 'till re- turned to you in safety; I have, therefore, sent Orders to Capt. Robertson to return with them to Philadelphia, in case the Orders reach hira within a day or two Day's march of that City ; But if he receives the Orders at Brunswick, or on this side Brunswick, to halt 'till I send some Companys of the Royal American Regiment, whom I expect here this day, to relieve him ; And those Companys will escort the Indians back to Philadelphia, and receive any Orders you shall judge proper to give them. In the mean time, Capt. Robertson is directed to protect them from any Violence which may be offered them, and to apply to the Magistrates where he shall be to supply them with Provisions, which, if demanded, I suppose the Province of pennsyl^- will repay. I had the Honour to receive your Letter of the 5th Inst., on this Subject, yesterday at noon. I am^, with great regard, '' Sir, Your most Obed'- humble Serv'' " THOS. GAGE. "Hon""- Gov^- Penn." A Letter to the Governor from Governor Golden. "Fort George, New York, Jan^" 10th, 1764. "Sir: " Yesterday about one afternoon I received your Letter of the 5th Instant, and immediately called his Majesty's Council of this Pro- vince for their advice thereon ; the result thereof you will see by the inclosed Minute of Council. I have accordingly sent Orders to the Magistrates of Richmond County not to suffer these Indians to enter this Province. " The Indians on the East side of the Susquehanna are the most obnoxious to the Peopfe of this Province of any, having done the most mischief. They consist of a number of rogues and thieves, run- aways from the other Nations, and for that reason not to be trusted. I could not be assured that these Indians can safely pass through this Province without an Escort, which would with great ditHculty and expence be obtained at this Season of the Year. The minds of the people are so generally irritated against the Indians living on the North East Branches of Susquehanna, that a number of Volun- tiers were proposed to me to go out against them to punish them for their Cruelties & perfidy. If you shall think proper to send two of these Indians with some discreet person to conduct them to Sir Wil- liam Johnson, they shall have my pass for that purpose. " I think it a misfortuue that our Correspondence should begin in this manner, for I am sincerely and heartily disposed to serve the people of Pennsylvania, & you. Sir, may be assured that I am with the greatest regard and respect, Sir, " Your most Obed' & most hum'" Serv'- "CADWALLADER COLDEN. " Hon'^ Lieut' Gov^ Penn." PROVINCIAL COUNCIL. 121 At a Council held at Fort George, in the City of New York, on Monday the 9th day of January, 1764. PRESENT : The Honoble. CADWALLADER COLDEN, Escf- Lieutenant Governor, &ca. Mr. Horsemanden, Mr. Walton, Mr. Smith, Earl of Stirling, Mr. Watts. His Honour, the Lieutenant Governor, communicated to the Council a Letter of the 5th Instant, from the Honourable John Penn, Esq'"' Governor of Pennsylvania, representing that the back Inhabitants of that Province had carried their resentment against the Indians so far as to kill some who had lived under the Faith and Protection of that Government for Sixty Years, in an Indian Town near Lancaster. That not content with this barbarous Out- rage, they in open day time march'd into that Town, and there mur- dered fourteen more Indians, who were put in there by the Magis- trates for their Security, and after perpetrating these horrid Vio- lences, had even threatned to come and kill a number of Indians that he gave leave to sit down in an Island on Schuylkill, in the neighborhood of Philadelphia. That this might have been easily prevented, as there are Men and Arms enough — but that these In- dians are of a mild and peaceable disposition, desired they might be permitted to go to Sir William Johnson's, from whence they could easily be sent to the heads of the Susquehanna, where they have a good acquaintance. That on considering of this request, it appeared to the Council that this would not only tend to the quiet- ing the Minds of the Indians, who were much disturbed at their Situation & long absence from their Families, who live on Susque- hanna, but also be a means of having this matter communicated to the six Nations and to the several Tribes of Friendly Indians, in the most favourable manner; and, that satisfied of the advantages arising from this measure, he hath sent them thro' Jersey and this Government to Sir William Johnson, and desires his Honour will favour them with his Protection & countenance, and give them the proper passes for their Journey to S' William's Seat. "And his Honour having been pleased to require the Opinion and Advice of the Board thereupon, the Council expressed their surprize that the Government of Pennsilvania should, without pre- viously consulting this Governraen'' order so great a body of In- dians, in number about one hundred & forty, to pass into this Pro- vince ; a measure which the Council conceive, could not but excite the greatest uneasiness at this time among the Inhabitants, and which appears the more unadvisable as the permitting these In- dians to return to their Families on the Susquehanna, would be adding greatly to the strength of a people, from whom His Ma- 122 MINUTES OF THE jesty's Subjects have already suffered so mucli ; tha^t this Goverment are rather disposed to attack & punish, thau to support and protect thena, whom they still consider as their Enemy ; That the Island on which these Indians were before seated, appears to the Council a place equally well adapted to their Security and Protection as any within this Province. And, therefore, the Council unanimously advised his Honour not to receive the said Indians within this Gov- ernment, or to suffer them to pass thro' the Province, but to issue the proper Orders to the Justices and magistrates of Richmond County, to stop and cause them to return. " A true Copy. " G. BANYAR, "D. W. CON." The Council having taken the said Letters into Considera- tion, advised the Governor to lay them before the Assembly, and desire, by a Message, their Opinion & Advice as to the manner in which the Indians can be most effectually secured & protected for the future. Accordingly, the following Message was immediately prepared, read, and approved, and the Secretary was ordered to carry it to the House this A.fternoon, with the several Letters it refers to. A Message from the Governor to the Assemhli/. *' Gentlemen : " The Indians, who were lately seated by the Government on the Province Island, were, at their own earnest request, sent off in a body by me, under an Escort, on the 5th Instant, with an Intention of removing them thro' the Governments of New Jersey and New York to Sir William Johnson, to whose care and protection, as they were not in a State of Security here, I recommend'd them. " I took the precaution of acquainting the respective Governors of those two Provinces with this measure, and requested that they would be pleased to permit them to proceed unmolested, and fur- nish them with passports. The Governor of New Jersey, with great politeness & kindness, complied with my request; but to my great surprise, I received a Letter Yesterday, from the Lieutenant Governor of New York, acquainting me that he, by the advice of his Council, had forbid their entrance into that Province. Being thus disappointed, I am under the Necessity of ordering those poor Creatures to return again to this Government, & am heartily dis- posed to do every thing in my power to afford them that protection & security which, under their Circumstances, they have an un- doubted right to expect and claim from us, and shall be glad of your opinion and advice in what manner this can most effectually be done. I have ordered the Secretary to lay before you Governor Colden's Letter, a Copy of the Minutes of the Council Board of PROVINCIAL COUNCIL. 123 New York on the occasion, & a Letter I received from General Gage, the latter of which will shew how much we are obliged to the General for the kind part he has taken in this matter. ''JOHN PENN. " January 16th, 1764." At a Council held at Philad*- on Monday, 23rd Jan^' 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. James Hamilton, Benjamin Chew, ^ William Logan, Lynford Lardner, (Esquires. Richard Peters, Thomas Cadwalader, \ ^ Richard Penn, J The Governor laid before the Board a Message he received last Week from the Assembly, which was read and follows in these words, viz'-: .3 Message to the Governor from the Assembly. " May it please your Honour: '' We have taken into our Consideration your Honour's Message of the Sixteenth Instant, with the Letters therein referr'd to, and are pleased to find the Governor so heartily disposed to aiford the Indians he mentions 'that protection and security which, under their Circumstances, they have an undoubted Right to expect and claim from us.' We should be very glad, if it was in our power, ' to point out the manner in which this can most effectually be done,' but as our Opinion must be founded on the Information we have received, we can only mention such measures as appear to us at present to be most reasonable, submitting our sentiments to the Judgement your Honour may form from any Intelligence you have since received, or any Circumstances that may hereafter happen. " We observe, with particular pleasure, ' the Kind part General Gage has taken in this matter,' in protect^- these Indians, and di- recting the E.scort on their arrival in this City, to receive ' such Orders as you shall judge proper to give them.' "As this humane and prudent step of the General is equally calculated to secure these unhappy people, and preserve the internal Peace of this Province, while our own Troops are engaged in the Defence of our Frontiers, we shall be obliged to your Honour, if you will please to return his Excellency our Thanks for this gene- rous & seasonable act of Goodness. " The Indians, we apprehend, will be sufficiently protected by the Companies that compose this Escort, while they remain here. 124 MINUTES OF THE When these Companies march from hence, if there should appear to be the same danger of any outrage being committed against these Indians that there seems to be at present, we are of Opinion, that it will be advisable for your Honour to lodge them in some place where they can be most easily & conveniently guarded by an Armed Force, to be raised by your Honour for that purpose. " It will be with the utmost regret, we shall see your Honour reduced to the necessity of pursuing these Measures, but with an Abhorrence altogether inexpressible, we should behold ' these poor Creatures,' who, desirous of living in friendship with us, as proofs of this Disposition, quitting a Settlement that made them suspected & surrendering their Arms, have delivered themselves, their Wives, and Children, into our power, on the faith of this Province, barba- rously butchered by a sett of Ruffians, whose audacious cruelty is checked by no sentiment of Humanity, and by no regard to the Laws of their Country. " Such a massacre, we have reason to expect, from the Persons who perpetrated such shocking Barbarities in Lancaster County, and their Abettors, unless they are deterred by a vigorous exertion of power, which never can be more properly employed than in vindicat- ting the Honour & Dignity of a Government enforcing an Obedience to the Laws, and repressing the dangerous insolence of tumultuous Insurgents, who, guided by a blind rage, undertake by open force to controul the conduct of the Administration & counteract the best concerted measures for the General Good. '' It will therefore be agreeable to us that your Honour would be pleased to order the Sheriff &. Coroner of Lancaster County, and the Magistrates of that Borough, to come down and give you the best information that can be obtained of the Persons concerned in these violences, that they being discovered and apprehended, due punish- ment may be inflicted on such daring disturbers of the Public Peace. "Signed by Order of the House. "ISAAC NORBIS, Speaker. « January 20th, 1764." Which Message was taken into Consideration, but sundry diffi- culties occurring as to the advice & sentiments of the Assembly, the same not being practicable, the full consideration of this matter was referred to the next meet'- of Council. The Governor then informed the Board that on Saturday Morn- ing last he Received a Letter from Captain Schlosser of the Royal American Regiment, dated the 20th Instant, acquainting him that being charged by General Gage to take under his care the Indians which he should find at Amboy, he had proceeded with them as far as Trentown, where he should wait for the Governor's further In- structions concerning them. His Honour also informed the l^oard that he had wrote to Capt"- Schlosser to desire him to halt at Tren- town till Monday, & then March with the Indians to this City. The PROVINCIAL COUNCIL. 125 Governor thereupon desired the Council would give him their advice where they thought would be the most proper place of residence for the Indians, so that they might be lodged with the greatest Conve- nience & Security. They were of opinion the Barracks were the best calculated to answer that purpose, as the military Guard which Gen'- Gage has sent with the Indians, may be accommodated with good Quarters, and will be better able to secure & protect them from any Insults there than at any other place. The Bill entituled " An act for the payment of £10,947 Sterlg. in certain Proportions, to several Colonies in America," was again read & considered, but the Council advised the Governor before he should come to any determination respecting it, to send a Verbal Message to the House by the Secretary, desiring " they would inform him whether any, and what part of the several Parlia- mentary Grants allotted to this Province, do yet remain undrawn for by the Trustees of the Loan Office, in the hands of the Agents appointed by Act of Assembly to receive the same from the Lords of the Treasury." The Secretary accordingly deliver'd the s**' Message in the Evening. Tuesday, 24th January, 1764. The Governor received a Verbal Message from the Assembly, by two members, that in answer to the Governor's Message of yester- day the House inform him, that it appears from the report of the Committee on accounts that the Sum of £112Q 7 8 Sterling, part of the Parliamentary Grants, remains yet undrawn for by the Trus- tees of the General Office, but that it is the opinion of the House that the said Sum is appropriated to the King's use, by the Act en- tituled " An Act for granting to His Majesty the sum of Twenty- four thousand Pounds for the defence and protection of this Pro- vince, & for other Purposes therein mentioned." At a Council held at Philad'- on Saturday, the 28 th Jan^ • 1764. PRESENT. The Honourable JOHN PENN, Esquire, Lieutenant Governor. James Hamilton, William Logan, 1 Benjamin Shoemaker, Lynford Lardner, [■ Esq'" Benjamin Chew, j The Governor, being informed that Benjamin Kendal, a Merch' of this City came to Town this Morning, from Lancaster, and had learned some Intelligence there, concerning further Motions and 126 MINUTES OF THE ill designs of the Rioters in that County, sent him a Message, that he desired to speak with him immediately. Mr. Benjamin Kendal soon after appearing at the Board, was examined, & Belated every- thing material that he had heard about the Rioters, which is con- tained in the following Affidavit taken before the Governor, in Coun- cil, viz'-: '' City of Philadelphia ss: "Benjamin Kendall, of the City of Philadelphia, Merchant, being one of the People called Quakers, on his Solemn Affirmation de- clareth and saith. That on Thursday, the 26th day of this Instant, January, he, this deponent, being on his return from the Burrough of Lancaster to the City of Philadelphia, about two Miles on this side tho siga of the Hat, (a Tavern kept by one Samuel Smith), he mfet with Robert Fulton, an Inhabitant of the said Burrough of Lancaster, who, this affirmant understood, had been, the day be- fore, in the Township of Pequea, or its Neighborhood ; That this affirmant, being acquainted with the said Robert Fulton, stopped, and entered into some Conversation with him, in the course of which the said Fulton acquainted this Affirmant that he understood Capf- Coultas had been appointed to raise and command Five hun- dred Men, to guard & protect the Indians in the City of Philadel- phia, and that he was very sorry for it, and that in ten days fifteen hundred Men would come down in order to kill the said Indians, and that if Fifteen hundred were not enough, Five thousand were ready to join them, and desired this affirmant to tell the said Cap- tain Coultas, from the said Robert, to make his Peace with Heaven, for that he (the said Coultas) would not live above two Weeks longer. This affirmant answered, that he was very sorry to hear him, the said Fulton, talk in that manner, and as he understood that he, tho said Fill- ton, had a good deal of influence with those People, who intended to come down on the above Purpose, he, this affirmant, requested the said Fulton to exert it in persuading them to desist from their Design. The said Fulton then said. If Gabriel was to come down from Heaven and tell iis or them (but which of the words this affirmant cannot be sensible of) toe or they were wrong, they would not desist for it, for that they were of the same Spirit with the blood-ran, blood- thirsty Presbyterians, who cut oft' King Charles his Head. This Affirmant then said to the said Fulton, ' I hear you intend to kill the Quakers.' Fulton answered, ' No, God forbid, but they or any others who should oppose them they would kill.' That he (the said Fulton) had heard the Indians were put in small numbers into dif- ferent Families in the City of Philadelphia, for Protection, but that such Families must tell where they (the Indians) were, and deliver them up, or their Houses would be fired over their heads. The said Fulton further informed this Affirmant, that some time ago, when he heard that the said Indians were sent out of this Province, he, the said Fulton, sent a Letter to a number of People, who were PROVINCIAL COUNCIL. 127 then preparing to come down and cut the Indians off, to acquaint them of it, and stop them from coming. This Affirmant further saith, that a certain William Way was in Company with the said Fulton during this whole Conversation, &, from what little he said, seemed to join in Sentiment with the said Fulton, & among other things asserted, that he was lately in a Store in that Neighbourhood, where there was a Magazine of three half barrels of Gun Powder, and one hundred small Arms, ready for the above Expedition, & that he verily believed a number of Men would comedown to Phila- delphia to kill the Indians, and further this Affirmant saith not. "BENJ^ KENDALL. "Taken and Affirmed in the presence of the Governor and Coun- cil, at Philad^-' January 28, 1764. " Before ''JOHN PENN." The Council thereupon advised the Governor to give Capt"' Schlosser his written Instructions respecting the defence of the In- dians under his Charge and Protection at the Barracks, ordering him to fire upon any body of armed Men who should make their appearance in an hostile manner, and violently attempt to force their way into the Barracks, with a design to kill the Indians there, after his positive orders to them to stand off & desist from their wicked undertaking. The Board are also of Opinion that it would be advisable for the Governor to order the three Companies of Highlanders at Car- lisle to march without delay to Lancaster, and wait there in readiness to execute such Orders as the preservation of the Public Peace might render it necessary to be given them by the Governor in support of the civil Authority. Sunday, 29th January, 1764. The Governor sent the following Letter this Morning by Express to Capt"- William Murray, Commanding Officer of His Majesty's Troops at Carlisle, viz'-: « Philad^' 29th Jan''- 1765. " Sir : " Some time ago several daring Tumults & insurrections in the County of Lancaster obliged me to apply to His Excellency Gen' Gage, for the aid of His Majesty's regular Troops in this Province, to support the civil Authority in the Execution of the Laws, where- upon he was pleased to favour me with the inclosed Order to the Officer commanding His Majesty's Forces at Carlisle, dated the 6th Instant, direcdng and requiring him to pay due Obedience to all 128 MINUTES OF THE such Orders as I should judge necessary to transmit to him, to effect the above mentioned Purpose. I was in hopes I should not have had occasion to exert the power the General has put into my hands, but the publick Security & the preservation of His Majesty's Peace now lays me under the disagreeable necessity of doing it, and of desiring that you will, immediately on the receipt hereof, March with all His Majesty's Forces under your Command, with the greatest Expedition, down to the Burrough of Lancaster, where you are to take Quarters in the Barracks, & there remain till you shall receive my further Orders, holding yourself always in readiness to march from thence to such places and on such Services as the pre- seivation of the Publick Peace may make it necessary for me to require of you. " I am, Sir, " Your most Obed'- humble Serv*-' '^JOHN PENN. " To Captain William Murray, Command^- of His Majesty's Troops at Carlisle." At a Council held at Philad^- on Thursday, the 2nd February, 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieuten*' Governor, &ca. "William Logan, Benjamin Chew, "| Richard Peters, Thomas Cadwalader, v Esq"* Lynford Lardner, Richard Penn, J The Consideration of the Assembly's Message, of the 20th Jan- uary last, was resumed, and the Council was of opinion that a Com- pliance with the advice therein given by the Assembly of sending for the Sheriff and Coroner of Lancaster, and the Magistrates of that Burrough, to give the best Information that could be obtained of the Persons concerned in the late Riots in the said County, would be attended with many ill Consequences, and instead thereof, were unanimously of opinion, that it would be more advisable for the Gov- ernor to give Instructions to some Justice or Justices of Lancaster County, in whose Prudence and discretion he can most confide, at the ensuing Court at Lancaster, to examine upon Oath the Sheriff and Coroner & any others, respecting their knowledge of the Au- thors and Perpetrators of the late Murders committed on the In- dians there, and to do this with all possible Secrecy. The Council further advised the Governor on this occasion to de- sire the Assembly, by a Message, to frame a Bill for establishing a Militia within this Province, as being the most effectual means of preserving the Publick Peace & of suppressing all Tumults and In- PROVINCIAL COUNCIL. 129 surrections, which for the future may arise to disturb the good Or- der of Government, and endanger the Public Security. The following Message was accordingly prepared, read and ap- proved, & the Secretary was ordered to carry the same to the House. A Message from the Governor to the Assemble/. " Gentlemen : " I find great dilBculty in settling, ou the Footing of Law, & on the principles of the English Constitution, the Orders proper to be given to the Commanding Officer of the three Companies of Royal Americans, seat here by General Gage, to support the civil Power, as rules for his own Conduct and Government of the Soldiers, in case the Indians now under their protection should be attacked, and an Attempt made to murder them At the same time that I wish to preserve these poor Creatures, by all the means in my power, I would not, in the Orders I give for that end, be guilty of the least Infraction of the Laws. A Doubt has arisen whether any Orders I can give to the regular Troops to make use of Force and Violence against his Majesty's Subjects, though riotously assembled, with an intent to kill the Indians, will be a legal justification for their shed- ding of Blood in opposing and preventing the design, till the civil power has first been called in, & in vain endeavoured to suppress the Tumult. *' In so tender and important a Case, I would rather err on the cautious side, and to remove all doubts, request you will seriously consider this matter immediately, and that by a short Law, you will for a time extend to this Province the riot Act of the first of George the first, or make such other Provision to remove the pre- sent difficulty, as you shall judge most proper. "JOHN PENN. '- February 2d, 1764." The Governor laid before the Board a Letter from Sir William Johnson, dated the 20th January, 176i, which was read, and fol- lows in these words, viz'-: "Johnson Hall, January 20th, 1764. " Sir : " I have had the honour of your Letters of the 31st Ultimo, and 5th of this inst., together with the inclosures, and I heartily con- gratulate you on your arrival to your Government, wishing your ap- pointment may prove to your entire Satisfaction. . " The steps you have taken for discovering those rash Offenders, were certainly very judicious, as well as highly necessary, and lam VOL. IX. — 9. 130 MINUTES OP THE hopeful they may be attended with success for bringing them to Justice. " I apprehended, that after their first Offence in murdering the Six Indians of Conestogo, their mistaken resentment would have ended, &; even that first act was sufficient to create much uneasiness amongst all the Indians, but their last public insult on the Law, and the Government itself, certainly demands the most strict enquiry, as well as the severest punishment. " You may be assured, I shall use every argument with the Six Nations, the unfavorable ideas which they must certainly entertain of such a proceeding, as well to satisfy them that your Government highly disapproves of it, & will severely pudish the Offenders; but I am aware of their Sentiments on the Subject, & greatly appre- sensive it will stagger the affections of the five hitherto well affected Nations, who consider the Indians of your Government as con- nected with them, and under their protection, and as the Murdered have been all along peaceably inclined, the friendly Indians in these parts may be induced to doubt our faith and sincerity towards them- selves, from the unhappy fate of our late Friends in Pennsylvania, which will cause them to expect the same treatment whenever it is in our power to destroy them. This, I fear, may greatly check the Ardor They have lately expressed to me of assisting us against our Enemies, and even Spirit up many to obtain revenge within your Government. " The threats which the Riotous parties have since thrown out, that they would destroy the Indians in the Neighbourhood, and un- der the Protection of PhUadelphia, savours so much of Madness, that I cannot account for them ; your gratifying the Indians re- quest thereon, of coming to me, must, therefore, appear pleasing to them, but I have just received a Letter from Lieut. Governor Col- den, informing me "That the Council have advised him not to admit them into this Province." This will probably prevent me from seeing them, and I heartily wish their return back may not expose them to fresh insults, which would certainly occasion a General de- fection. " Several deputies from the Enemy, Senecas, have been lately with me here, making some friendly offers of Peace, but I am con- vinced that nothing but a good treatment, accompanied with occa- sional favours, will ever ensure a lasting peace, from the Jealous sentiments which our Enemies entertain of the English, and the presents the French had accustomed them to, for the toleration the Indians afforded them in their Country, insomuch that any future neglect on our parts will immediately produce a discontent and ap- prehension of our designs, which will inevitably occasion a renewal of Hostilities; so that a Peace made with these people, without proper subsequent steps to remove these Jealousies and establish a good Opinion with the Indians, is always liable to be violated, to the great detriment of Trade, & the certain destruction of the Fron- PROVINCIAL COUNCIL. 131 tier Inhabitants with their dwellings, and the expence in which the Crown must be involved to suppress such devastations, will certainly amount to a much greater sum (independant of the loss the Pro- vinces must sustain), than would conciliate the affections of the Indians, & enable us to extend our Settlements and Trade with the utmost Security. " I heartily wish that the Law you have proposed may be agreed to by the Assembly, as it appears to me highly necessary, and es- sential, as Well to the Credit as the safety of the Province. ''I am with great Esteem, Sir, *' Your most Obed'- humble Serv'' "WM. JOHNSON. " The Honble L'- Gov^- Penn." The Council advised the Governor to write to the Magistrates of Berks & Lancaster Counties, to send him the earliest intelligence they may receive of the Designs and Motives of the Rioters. " Philadelphia, 4th February, 1764. "Sir: " Several reports having lately prevailed that a large Body of armed Men are assembling themselves on the Frontiers of Lancas- ter County, with an intention to come to this City, and put to death the friendly Indians who are under the Protection of this Govern- ment, and now guarded by a detachment of the King's regular Troops, I do hereby require you to make as early & Strict enquiry as you can, concerning the Truth of those Reports, and, in case you hear or know that any such Riotous party is actually on the Road, & coming here, or if you receive any certain Intelligence of their as- sembling for that purpose, forthwith to dispatch an Express to me with a Letter giving me Notice of the same, that I may take the necessary measures in time to prevent the Execution of so wicked & dangerous an undertaking. " I am, Sir, " Your very humble sev'- "JOHN PENN. " To Thomas Foster, Adam Reed, Esq"' Lancas • County. " James Reed, Jonas Seely, Esq"' Berks County." Friday, 3rd February, 1764. The Governor's Message to the Assembly, agreed on Yesterday, was carried to the House by the Secretary this forenoon. At G o'clock P. M. two members of Assembly waited on the Governor, and presented for His Honour's Concurrence A Bill en- 132 MINUTES OF THE tituled "An Act for preventing Tumults and Kiotous Assemblies, and for the more speedy and effectual Punishing the Rioters ;" which the Governor took into his immediate Consideration, and having approved thereof, he went directly to Mr. Charles Norris's House, where the Assembly were sitting, on account of the Speaker's indisposition, and returned the said Bill to the House by the Secre- tary, with a verbal Message, that his Honour agreed to it, & was waiting there ready to pass it into a Law. The Governor then, by the desire of the Speaker, entered the room where the House sat, & the Speaker presented the Bill en- tituled " An Act for preventing Tumults and Riotous Assemblies, &c*" which His Honour enacted into a Law, and by his Warrant ordered the Great Seal to be affixed thereto. At a Council held at Philadelphia on Saturday the 4th Febr^' 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca. William Logan, Benjamin Chew, ") Richard Peters, Thomas Cadwalader, [• Esq"' Richard Penn, ) The Commissioners acquainted the Governor that they had re- ceived Intelligence by a Letter from Lancaster County, & from Mr. Waioe, a Member of Assembly, that a very considerable number of the people living on the Frontiers of that & other Counties, were actually assembling themselves with an intention of coming to this City to put to death all the Indians in the Barracks under the pro- tection of this Government; & that to-morrow Morning was the time fixed on for the execution of their unlawful design. The Governor thereupon desired the opinion of the Council as to the best measures to be taken on this occasion. They advised him to give written Instructions to Captain Schlosser to defend the Indians to the utmost of his power, by opposing, with the Detach- ment of the King's Troops under his Command, any attempts to destroy them, the riot Act being first read by a proper Civil Officer. To order Notice to be sent to all the Inhabitants of the Town to meet the Governor at the State House this afternoon at 4 o' Clock, to acquaint them there of the present Danger that threatned the Publick Peace, to desire they would immediately take Arms and put themselves under his Command in defence of the Government, and in Support of the Laws. To propose that 150 of the Gentle- men of the Town should assist the Soldiers in guarding the Bar- racks this night, and request that hereafter, upon any Alarm made by the ringing of the Bells, the Inhabitants would turn out with PROVINCIAL COUNCIL. 133 their Arms and repair to the Barracks ; or, if the Town should be attacked, that they would meet at the Court House, & defend the City. It was recommended to the Commissioners, to purchase a quantity of Arms and Ammunition to be sent to the Barracks, & to employ a number of Carpenters to erect some works at the Barracks to make them more defensible, & to send 4 of the Cannon there from the State House, with the proper Artillery Stores. Spies were dispatched up the diiferent roads to observe the motions of the Rioters, & to bring intelligence of their Approach. The Governor laid before the Board a draught of a Message he proposed to send to the Assembly, which was read and approved, & the Secretary was ordered to carry it to the House as soon as they should meet next Week. The Message follows in these words : A Message from the Governor to the Assembly. " Gentlemen : " I am sorry to inform you, that the same Spirit & frantic Rage, which actuated those who lately put to death the Indians in Lan- caster County, Still prevails among them, & that, instead of having any Remorse for, or in the least dreading the bad Consequences of their Conduct, I have just reason to believe they are daily strength- ening their Party, and adding greatly to their numbers, and threaten to come down armed in a body, and repeat the same Acts of cruelty on the Indians in the Barracks in the Northern Liberties of this City, determined to spare none who oppose the Execution of their wicked designs. They have already given abundant Proof, that neither Reli;fion, Humanity, or Laws, are objects of their considera- tion, or of sufficient Weight to restrain them, & in our present weak and defenceless State, no one can answer a Moment for the Security of the Government itself, or any individual in it; there is still less reason to expect, if they should attempt to put their Threats in execution, and their numbers are half so great as it is reported, that the Soldiery, who are ordered to guard the Indians, will be able to afford them protection. It is further to be considered, that it will not be long before the Guard, which General Gage has kindly sent to support the civil Power, will be necessarily ordered on Duty elsewhere, and be employed against our open Enemies. " The Government must then at least depend solely on the Ex- ertion of its own Force and Powers, not only to defend the Indians, but to support itself and curb the violence of this licentious sett of people. In this critical situation, therefore, Gentlemen, [ think it my Duty to His Majesty, & to the good people of this Province, most earnestly to recommend to vou to fnmie a Militia Law, in a manner as little Burthensome to the Inhabitants as pos> ble, as the only natural and effectual means of preserving tlae publicii Tran- 134 MINUTES OF THE quility, and enabling the civil power to enforce the Laws and vin- dicate the Honour of the Grovernment. "JOHN PENN. " February 4th, 1764." Friday, 10th February, 1764. The Governor's Message of the 4th Instant was carried to the House of Assembly by the Secretary this forenoon, a Quorum not having met this week till last Night, on account of the alarm in the City occasioned by the Approach of an Armed body of Kioters. Saturday, 11th February, 1764. Two Members of Assembly waited on the Governor with the fol- lowing Message from the House : A Message to the Governor from the Assembly. " May it please your Honour : " Your Honour's Message of the 4th Instant we received Yester- day, and as we are of opinion that it contains matters of the utmost importance to the Welfare of this Province, we shall take the same into our most serious Consideration, & as soon as possible acquaint you with the Result ; and notwithstanding the Rioters upon their approach near this City, and a discovery of the spirited Resolutions of the Citizens to oppose their barbarous and illegal designs, are dispersed, your Honour may be assured that nothing in our power consistent with the Trust reposed in us, shall be wanting for the security of the Government, & the protection of the Inhabitants, against the future violences of such licentious People who disturb the publick Tranquility, and trample on all Laws divine and human. " Signed by Order of the House, " ISAAC NORRIS, Speaker. " February 11th, 1764." PROVINCIAL COUNCIL. 135 At a Council held at Philadelphia on Tuesday the 14th February, 1764. present: The Honourable JOHN PENN, Esquire, Lieut*- Governor, &ca. Benjamin Shoemaker, Richard Peters, William Logan, Thomas Cadwalader, ^Esq"- Richard Peuo, The Governor laid before the Board a Memorial from the Rever- end John Jacob Schmick, Missionary among the Indians, which, was read and is as follows, viz'- : '] *' Memorial of several Discources, 'HoTiick John Jacob Schmi-ck^ Missionari/ anion g the Indians, hath lateli/ had with Pompunagk and several otJiers of the Indians now iti the FhHaddphia Bar- rachtj und^r tlve protection of this Government, vizt: "That the said Pompunagh & Comp^- were lately favoured with a Message from this Government to the five Nations, and to the friends of the Indians that were killed in Lancaster couaty, and as the said Mess^'' for reasons well known to the Governor, has not beea forwarded, the said Pompunagh desires to have an opportunity to let his Hono«r, the Gov'-^ know, " That at his, the said Pompunagh's, leaving the Indian Country some of his friends apprehended that he and his Company would be killed by the White People : That he promised the Indians he would soon let them know how he and the other Indians among the English did : That there is now about days past since his leaving the Indian Country and no words sent to them : That this delay cannot fail to create Suspicion in the Indians, as if Pompu- nagh and his Company were cutt olF; Besides that the destroying of the Indians in Lancaster County is already, or soon will be, known by the Indians, some of the White People being ill natured enough to go and tell the Indians such Stories as will draw their Resentment upon the English, and if even that was not done, the Indians might perhaps eatch a few of the back Inhabitants, and force them to tell what is the matter with the Indians that were of late among the English; That if the Indians on Susquehannaj should by any such means cotKO to the Knowledge of the Lancaster affair, and if they should hear and believe that all the Indians now under the protection of the Government of Pennsylvania were ac- tually destroyed by those who have often threatened to do it, the fiaid Pompunagh doth apprehend the Indians wouhl be very angry, and lall upon the back Inhabitants, which they could not well have done before now, as having been hindered by the deep Snow on the other side of the Mountain ; but as good deal of Snow is already 136 MINUTES OF THE melted away, and if we should have some more thaw, the road would soon be fit for them to come down upon the Inhabitants. " Therefore, the said Pompunagh thinks it is high time that he or some other Indians, in whom the Governor can place confidence, should go up to the Susquehanna Indians and tell them — 1. That the murder committed on the Lancaster Indians was done and counte- Danced by some People that are ill affected to the Government, & that the Governor had issued two several Proclamations to the effect that these murtherers might be discovered, apprehended, and brought to Justice. 2. That the rest of the Indians were under the par- ticular care and protection of this Government, all in good health and safety ; that they had a strong Guard of the King's Troops given them by the General, to defend them against all Insults whatsoever. *' That the said Pompunagh offers his Service to the Government to go out for this purpose; That he will leave his Wife here, and the other Indians who came down with him ; That he thinks he has some Influence with the Indians, & that they will believe what he says ; That he will recommend to them the tenderness of the Gov- ernor and the great men of this Province towards the poor Indians, in respect to their maintenance & Protection, &ca. " That a Chief of the Nanticoes is at present residing on Sus- quehanna, who is deputised by the five Nations, and is a great Coun- sellor among them; That Pompunagh intends to go and see him, by whose means he thinks that the Sentiments of this Government in respect to the Lancaster affair, can be properly conveyed to the five Nations, and also the minds of the other Indians made easy; That he promises himself a good Effect from this Journey, so that the Indians shall not resent the Lancaster affair upon the Inhabi- tants of Pennsylv^'' as he intends to argue with them, the said In- dians, that if they should take their own Ptcvenge, they would be BO ways further intituled to any Satisfaction which the Governor otherwise had engaged to pi'ocure to them by the Course of the Law; Beside that, the white people would be so much more in- censed against the remains of the Indians among them, that it might be out of the power of Government to protect them any longer. "JOHN JACOB SCHMICK. "Philad'-Febr. Srd, 1764." The said Memorial being taken into Consideration, it was pro- posed by some of the Members that a Message should be sent with Papounan, to the Indians on the Susquehanna; But the Governor observed that the Indians at Wighalousin lately had a Message delivered to them, inviting them down here, which was never sent by the Government, but by some private people, who took every opportunity in their power to interfere & med- dle in Indian Affairs, and to counteract the public Measures, by PROVINCIAL COUNCIL. 137 sending Messages to the Indians contradictory to those sent by the Government; And that, therefore, having no Security that any Message from him would be faithfully delivered, he could by no means agree to send one to the Wighalousin Indians at this time, but had no objection to Papounan's Journey to the Indian Country, to acquaint his Friends of the kind treatment he and his Brethren have received from this Government while they remained under its Protection. The Governor and Council being unanimously of opinion that all the Indians now in the Barracks of this City, should, as soon as possible, be removed, and sent into their own Country ; and as they had been refused by the Governor of New York, a passage thro' that Province to Sir William Johnson's seat. The Council advised the Governor to write by Express to Sir William, as Superintendant of Indian Affairs, &, desire his opinion as the most prudent and proper Expedient for the removal of the said Indians, and also to desire General Gage would be pleased to continue his protection of them by the Guard he has sent for that purpose, till an answer comes from S'- W"- Johnson. The following Letter was accordingly sent to Sir W""- : ^ Letter from the Governor to Sr. Wm. Johnson. "Philadelphia, 17 Febr^- 1764. "Sir: " I had the pleasure to receive your favour of the 20th Ult°-' and am now to acquaint you that the Indians who were refused a Passage through the Province of New York, returned safe to Philadelphia, under an Escort of a party of Royal Americans, by the order of General Gage, & have continued since in the Barracks here. It was very fortunate they were under the protection of that Guard, otherwise I fear they would have been all put to death by a very considerable number of armed men, who came last Week from the Frontiers, as far as Germantown, on that horrid design, but were, happily, diverted from putting it in Execution, in a great measure, by the opposition they apprehended from the Inhabitants of this City, as well as the King's Troops. It now seems more than ever necessary that all the Indians should be removed out of the Province, in order to put a stop to the present disturbances and murmurs of the People ; and lest their Rage may not be restrained by any measures in the power of the Government, from venting it- self still in the Destruction of these Indians. As I would take the most prudent and easy method of removing them into their own Country, and avoid any steps that might interfere with Indian Af- fairs in general, I must beg your opinion & advice on this head, whether it would be advisable to send them up by the shortest way under a Guard, to the Towns on the Susquehanna, or whether Governor Colden would not consent, upon an Application from you, 138 MINUTES OF THE that they might pass up Hudson's River as far as Albany, in a Sloop, which might take them on board at Amboy; Or, if you think of any better expedient for their removal, I should be glad you would communicate it to me by the return of the Bearer, whom I send Express with this Letter. " I have asked General Gage's further protection of the Indians here 'till I receive your answer. " I am, Sir, Your most Obedient humble Servant, "JOHN PENN. « To Sir W^- Johnson, Bar'" The Governor also laid before the Board the following Bemon- etrance from the Frontier Inhabitants, addressed to himself and the Assembly, setting forth their Grievances, and praying a redress of them, which was read and ordered to be carried by the Secretary to the House for their Consideration : " To the Honourahle JOHN PENN, Esquire, Governor of the Province of Pennsylvania, & of the Counties of New Castle, Kent, and Sussex, on Delaware, and to the Rejfresentatives of the Free- men of the said Province, in General Assembly met: " We, Matthew Smith and James Gibson, in behalf of ourselves and His Majesty's faithful and loyal Subjects, the Inhabitants of the Frontier Counties of Lancaster, York, Cumberland, Berks, and Northampton, humbly beg leave to remonstrate & lay before you the following Grievances, which we submit to your Wisdom for Re- dress. " First. We apprehend that as Freemen and English Subjects, we have an indisputable Title to the same Privileges & immunities with His Majesty's other Subjects who reside in the interior Coun- ties of Philadelphia, Chester, and Bucks, and therefore ought not to be excluded from an equal share with them in the very important Privilege of Legislation ; nevertheless, contrary to the Proprietors Charter and the acknowledged principles of common Justice & Equity, our five Counties are restrained from electing more than ten Representatives, viz'- : four for Lancaster, two for York, two for Cumberland, one for Berks, and one for Northampton, while the three Counties and City of Philadelphia, Chester, and Bucks, elect Twenty-Six. This we humbly conceive is oppressive, unequal, and unjust, the cause of many of our Grievances, and an infringement of our Natural privileges of Freedom & Equality ; wherefore, we humbly pray that we may be no longer deprived of an equal num- ber with the three aforesaid Counties, to represent us in Assembly. " Secondly, We understand that a Bill is now before the House of Assembly, wherein it is provided that such Persons as shall be PROVINCIAL COUNCIL. 13& charged with killing any Indians in Lancaster County, shall not be tried in the County where the Fact was committed, but in the Counties of Philadelphia, Chester or Bucks. This is manifestly to deprive British Subjects of their known Privileges, to cast an eter- nal Reproach upon whole Counties, as if they were unfit to serve their Country in the quality of Jurymen, and to contradict the well known Laws of the British Nation in a point whereon Life, Liberty and security essentially depend, namely, that of being tried by their equals in the neighborhood where tbeir own, their Accusers, and the Witnesses' Character and Credit, with the Circumstances of the Fact, are best known, & instead thereof putting their Lives in the hands of Strangers, who may as justly be suspected of partiallity to as the Frontier Counties can be of prejudices against Indians ; and this, too, in favour of Indians only, against His Majesty's faithful & loyal Subjects. Besides, it is well known that the design of it is to com- prehend a Fact committed before such a Law was thought of. And if such practices were tolerated, no man could be secure in his most valuable Interest. We are also informed, to our great Surprize, that this Bill has actually received the assent of a Majority of the House, which we are persuaded could not have been the case, had our Fron- tier Counties been equally represented in Assembly. However, we hope that the Legislature of this Province will never enact a Law of so dangerous a tendency, or take away from his Majesty's good Subjects a privilege so long esteemed sacred by Englishmen. "■ Thirdly. During the late and present Indian War, the Fron- tiers of this Province have been repeatedly attacked and ravaged by Skulking parties of the Indians, who have with the most Savage Cruelty murdered Men, Women and Children, without distinction, and have reduced near a thousand Families to the most extream distress. It grieves us to the very heart to see such of our Frontier Inhabitants as have escaped Savage Fury with the loss of their par- ents, their Children, their Wives or Relatives, left destitute by the public, and exposed to the most cruel Poverty and Wretchedness while upwards of an Hundred and twenty of these Savages, who are with groat reason suspected of being guilty of these horrid Barbari- ties, under the Mask of Friendship, have procured themselves to be taken under the protection of the Government, with a view to elude the Fury of the brave Relatives of the murdered, and are now main- tained at the public Expence. Some of these Indians now in the Barracks of Philadelphia, are confessedly a part of the Wyalousing Indians, which Tribe is now at War with us, and the others are the Moravian Indians, who, living with us under the Cloak of FriendsLip, carried on a Correspondence with our known Enemies on the Great Island. We cannot but observe, with sorrow & in- dignation, that some Persons in this Province are at pains to extenuate the barbarous Cruelties practiced by these Savages on our murdered Brethren & Relatives, which are shocking to human Nature, and must pierce every Heart, but that of the hardened per- 140 MINUTES OF THE petrators or their Abbettors ; Nor is it less distressing to hear others pleading that, although the Wyalousing Tribe is at War with us, yet that part of it which is under the Protection of the Gov- ernment, may be friendly to the English, and innocent. In what nation under the Sun was it ever the custom that when a neighbor- ing Nation took up Arms, not an individual should be touched but only the Persons that offered Hostilities ? Who ever proclaimed War with a part of a Nation, and not with the Whole ? Had these Indians disapproved of the Perfidy of their Tribe, & been willing to cultivate and preserve Friendship with us, why did they not give notice of the War before it happened, as it is known to be the Result of long Deliberations, and a preconcerted Combination among them ? Why did they not leave their Tribe immediately, and come among us before there was Ground to suspect them, or War was actually waged with their Tribe? No, they stayed amongst them, were privy to their murders & Ravages, until we had destroyed their Provisions, and when they could no longer sub- sist at home, they come, not as Deserters, but as Friends, to be maintained through the Winter, that they may be able to Scalp and butcher us in the Spring. " And as to the Moravian Indians, there are strong Grounds at least to suspect their Friendship, as it is known they carried on a Correspondence with our Enemies on the Great Island. We killed three Indians going from Bethlehem to the Great Island with Blankets, Ammunition, & Provisions, which is an undeniable Proof that the Moravian Indians were in confederacy with our open Ene- mies ; And we cannot but be filled with Indignation to hear this action of ours painted in the most odious and detestable Colors, as if we had inhumanly murdered our Guides, who preserved us from perishing in the Woods, when we only killed three of our known Enemies, who attempted to shoot us when we surprized them. And besides all this, we understand that oneof these very Indians is proved by the oath of Stin ton's Widow, to be the very Person that murdered her Husband. How then comes it to pass, that he alone, of all the Mo- ravian Indians, should join with the enemy to murder that family? Or can it be supposed that any Enemy Indians, contrary to their known custom of making War, should penetrate into the Heart of a settled Country, to burn, plunder, and murder the Inhabitants, and not molest any Houses in their return, or ever be seen or heard of? Or how can we account for it, that no ravages have been committed in Northampton County, since the removal of the Moravian Indians, when the Great Cove has been struck since ? These things put it beyond doubt with us that the Indians now at Philadelphia are His Majesty's Perfidious Enemies, & therefore to protect and maintain them at the Public Expence, while our suffering Brethren on the Frontiers are almost destitute of the necessaries of Life, and are neglected by the Public, is sufficient to make us mad with rage, and tempt us to do what nothing but the most violent necessity can PROVINCIAL COUNCIL. 141 vindicate. We humbly and earnestly pray, therefore, that those Enemies of His Majesty may be removed as soon as possible out of the Province. " Fourthly. We humbly conceive that it is contrary to the max- ims of good Policy, and extremely dangerous to our Frontiers, to suffer any Indians, of what tribe soever, to live within the Inhabited parts of this Province, while we are engaged in an Indian War, as Experience has taught us that they are all perfidious, & their Claim to Freedom & Independency, puts it in their power to act as Spies, to entertain & give intelligence to our Enemies, and to furnish them with Provisions and Warlike Stores. To this fatal intercourse, be- tween our pretended Friends and open Enemies, we must ascribe the greatest of the Ravages and Murders that have been committed in the course of this and the last Indian War. We, therefore, pray that this grievance be taken under consideration and remedied. " Fifthly. We cannot help lamenting that no Provision has been hitherto made, that such of our Frontier Inhabitants as have been wounded in defence of the Province, their Lives and Liberties, may be taken care of, and cured of their Wounds at the publick Ex- pence. We, therefore, pray that this Grievance may be redressed. " Sixthly. In the late Indian War this Province, with others of His Majesty's Colonies, gave rewards for Indian Scalps, to encourage the seeking them in their own Country, as the most likely means of destroying or reducing them to reason, but no such Encourage- ment has been given in this War, which has damped the Spirits of many brave Men, who are willing to venture their Lives in parties against the Enemy. We, therefore, pray that public rewards may be proposed for Indian Scalps, which may be adequate to the Dan- gers attending Enterprizes of this nature. "Seventhly. We daily lament that numbers of our nearest & dearest relatives are still in Captivity among the Savage Heathen, to be trained up in all their Ignorance & Barbarity, or to be tor- tured to death with all the contrivances of Indian Cruelty, for at- tempting to make their escape from Bondage ; We see they pay no regard to the many solemn Promises which they have made to re- store our Friends who are in Bondage amongst them. We, therefore, earnestly pray that no trade may hereafter be permitted to be car- ried on with them, until our Brethren and Relatives are brought home to us. " Eighthly. We complain that a certain Society of People in this Province, in the late Indian War, &, at several Treaties held by the King's representatives, openly loaded the Indians with Pre- sents, and that J. P., a leader of the said Society, in Defiance of all Government, not only abetted our Indian Enemies, but kept up a private intelligence with them, and publickly received from them a Belt of Wampum, as if he had been our Governor, or authorized by the King to treat with his Enemies. By this means the Indians have been taught to despise us as a weak and disunited people, and 1^ MINUTES OP THE from this fatal Source have arose many of our Calamities under which we groan. We humbly pray, therefore, that this Grievance may be redressed, and that no private subject be hereafter permitted to treat with, or carry on a Correspondence with our Enemies. " Ninthly. We cannot but observe with sorrow, that Fort Au- gusta, which has been very expensive to this Province, has afforded us but little assistance during this, or the last War. The men that were stationed at that place neither helped our distressed Inhabi- tants to save their Crops, nor did they attack our Enemies in their Towns, or patrole on our Frontiers. We humbly request that pro- per measures may be taken to make that Garrison more serviceable to us in our Distress, if it can be done. " N. B. We are far from intending any Reflection against the Commanding Officer stationed at Augusta, as we presume his Con- duct was always directed by those from whom he received his Or- ders. " Signed on Behalf of ourselves, and by appointment of a great number of the Frontier Inhabitants. " MATTHEW SMITH, "JAMBS GIBSON, " February 13th, 1764." Friday, the 17 th February. Two Members of Assembly waited on the Governor, and ac- quainted him that the House had appointed a Committee to confer with him concerning the Remonstrance of Matthew Smith and James Gibson, and desired to know when he would be pleased to meet the Committee for that purpose; to which His Honour made answer, that he would meet them to-morrow Morning at 10 o'clock. The two Members at the same time requesting the Governor would be pleased to lay before the House the Declaration of the Rioters, presented to him previous to their Remonstrance, His Honour accordingly delivered to them the said Declaration, which follows in these words, viz'- : " The Declaration of the injured Frontier Inhabitants, together with a brief sketch of Grievances the good Inhabitants of the Province labour under. " Inasmuch as the killing those Indians at Conestogoe Manor and Lancaster has been, and may be, the subject of much Conver- sation, and by invidious Representations of it, which some, we doubt not, will industriously spread, many unacquainted with the true state of Affairs may be led to pass a Severe Censure on the PROVINCIAL COUNCIL. 143 Authors of those Facts, and any others of the like nature, which may hereafter happen, than we are persuaded they would if matters were duly understood and deliberated. We think it, therefore, proper thus openly to declare ourselves, and render some brief hints of the reasons of our Conduct, which we must, and frankly do, con- fess, nothing but necessity itself could induce us to, or justify us in, as it bears an appearance of flying in the face of Authority, and is attended with much labour, fatigue, and expence. " Ourselves, then, to a Man, we profess to be loyal Subjects to the best of Kings, our rightful Sovereign George the third, firmly attached to his Royal Person, Interest, and Government, & of con- sequence, equally opposite to the Enemies of His Throne dt Dignity, whether openly avowed, or more dangerously concealed under a mask of falsly pretended Friendship, and chearfuUy willing to offer our Substance & Lives in his Cause. " These Indians, known to be firmly connected in Friendship with our openly avowed embittered Enemies, and some of whom have, by several Oaths, been proved to be murderers, and who, by their better acquaintance with the Situation and State of our Frontier, were more capable of doing us mischief, we saw, with in- dignation, cherished and caressed as dearest Friends ; But this, alas ! is but a part, a small part, of that excessive regard manifested to Indians, beyond His Majesty's loyal Subjects, whereof we com- plain, and which, together with various other Grievances, have not only enflamed with resentment the Breasts of a number, and urged them to the disagreeable Evidence of it they have been constrained to give, but have heavily displeased by far the greatest part of the good Inhabitants of this Province. " Should we here reflect to former Treaties, the exorbitant presents and great Servility therein paid to Indians, have long been oppressive Grievances we have groaned under; and when at the last Indian Treaty held at Lancaster, not only was the Blood of our many murdered Brethren tamely covered, but our poor unhappy captivated Friends abandoned to slavery among the Savages, by concluding a Friendship with the Indians, and allowing them a plenteous trade of all kinds of Commodities, without those being restored, or any properly spirited Requisition made of them ; How general Dissatisfaction those Measures gave, the Murmurs of all good People (loud as they dare to utter them) to this day declare, and had here infatuated Steps of Conduct, and a manifest Partiality in favour of Indians, made a final pause, happy had it been ; We perhaps had grieved in silence for our abandoned, enslaved Breth- ren among the Heathen ; but matters of a later Date are still more flagrant Reasons of Complaint. When last Summer His Majesty's Forces, under the Command of Colonel Bouquet, marched through this Province, and a demand was made by His Excellency General Amherst, of Assistance to escort Provisions, &ca., to relieve that important Post, Fort Pitt, yet not one man was granted, although IM MINUTES OF THE never any thing appeared more reasonable or necessary, as the in- terest of the Province lay so much at stake, and the standing of the Frontier Settlements, in any manner, evidently depended, under God, on the almost despaired of success of His Majesty's little Army, whose Valour the whole Frontiers with gratitude ac- knowledge, and as the happy means of having saved from ruin great part of the Province; But when a number of Indians, falsely pretended Friends, and having among them some proved on Oath to have been guilty of .Murder since this War begun, when they, together with others, known to be His Majesty's Enemies, and who had been in the Battle against Col. Bouquet, reduced to Distress by the Destruction of their Corn at the Great Island, and up the East branch of Susquehanna, pretend themselves Friends, and desire a Subsistance, they are openly caressed, & the Publick, that could not be indulged the liberty of contributing to His Majesty's assistance, obliged, as Tributaries to Savages, to support these Villians, these Enemies to our King & our Country ; nor only so, but the hands that were closely shut, nor would grant His Majesty's General a single Farthing against a Savage Foe, have been liberally opened, and the Publick money basely prostituted to hire, at an exorbitant Rate, a mercenary Guard to protect His Ma- jesty's worst of Enemies, those falsly pretended Indian friends, while, at the same time. Hundreds of poor distressed Families of His Majesty's Subjects, obliged to abandon their Possessions & fly for their lives at least, are left, except a small Relief at first, in the most distressing Circumstances, to starve neglected, save what the friendly hand of private Donations has contributed to their sup- port, wherein they who are most profuse towards Savages, have carefully avoided having any part. When last Summer the Troops raised tor Defence of the Province were limited to certain Bounds, nor suffered to attempt annoying our Enemies in their Habitations, and a number of brave Volunteers, equipped at their own Expence in September, up the Susquehanna, met and defeated their Enemy, with the loss of some of their number, and having others dangerously wounded, not the least thanks or acknowledg- ment was made thera from the Legislature for the confessed Ser- vice they had done, nor only the least notice or Care taken of their wounded ; Whereas, when a Seneca, who, by the Informany of many, as well as by his own Confession, had been, through the last War, our inveterate Enemy, had got a cut in his Head, last Sum- mer, in a quarrel he had with his own Cousin, & it was reported iu Philadelphia that his Wound was dangerous, a Doctor was imme- diately employed and sent to Fort Augusta to take care of him, and cure him if possible. To these may be added, that though it was impossible to obtain, through the Summer, or even yet, any Pre- mium for Indian Scalps, or encouragement to excite Volunteers to go forth agiiinst them ; Yet, when a few of them known to be the fast friends of our Enemies, and some of them murderers them- PROVINCIAL COUNCIL. 145 selves, when these have been struck by a distressed, bereft, injured Frontier, a liberal reward is oiFered for apprehending the Per- petrators of that horrible Crime of Killing his Majesty's Cloaked Enemies, and their Conduct painted in the most atrocious Colours, while the horrid Eavages, cruel murders, and most shocking Barbarities, committed by Indians on His Ma- jesty's Subjects, are covered over, and excused, under the charita- ble Term of this being their method of making War. But to re- count the many repeated Grievances, whereof we might justly com- plain, and instances of a most violent attachment to Indians, were tedious beyond the patience of a Job to endure, norc an better be expected, nor need we be surprized at Indians insolence &; Villainy, when it is considered, and which can be proved from the Publick Records of a certain County, that sometime before Conrad Weiser died, some Indians belonging to the Great Island or Wighalousing, assured him that Israel Pemberton (an ancient leader of that Fac- tion, which for so long a time have found means to enslave the Province to Indians), together with others of the Friends, had given them a Rod to scourge the White People that were settled on the purchased Lands, for that Onas had cheated them out of a great deal of Land, or had not given near sufficient Price for what he had bought ) and that the Traders ought also to be scourged, for that they defrauded the Indians, by selling Goods to them at too dear a rate ; and that this Relation is matter of Fact, can easily be proved in the County of Berks. Such is our unhappy Situation, under the Villainy, Infatuation and Influence of a certain Faction, that have got the Political Reins in their hands, and tamely tyran- nize over the other good Subjects of the Province. And can it be thought strange, that a Scene of such treatment as this, & the now adding, in this critical Juncture, to all our former Distresses, that disagreeable Burthen of supporting, in the very heart of the Province, at so great an Expence, between one and two hundred Indians, to the great Disquietude of the Majority of. the good In- habitants of this Province, should awaken the resentment of a people grossly abused, unrighteously burthcned, and made Dupes and Slaves to Indians ? And must not all well disposed people enter- tain a charitable Sentiment of those who, at their own great Ex- pence and Trouble, have attempted or shall attempt, rescuing a labouring Land from a Weight so oppressive, unreasonable and unjust? It is this we design, it is this we are resolved to prosecute, though it is with great Reluctance we are obliged to adopt a Measure not so agreeable as could be desired, and to which Ex- tremity alone compels. "GOD SAVE THE KING." YOl, IX. — 10. 146 MINUTES OF THE At a Council held at Philadelphia on Saturday the 18th Febr^' 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. irdner, "j Chew, lEsq"- James Hamilton, Lynford Lardner, ' Benjamin Shoemaker, Benjamin Che William Logan, Richard Peun, The Governor having appointed this morning for a Conference with a Committee of Assembly, by the desire of the House, to con- sider of some matters relative to the Remonstrance addressed to the Governor & Assembly by Matthew Smith & James Gibson, in be- half of themselves and the five Frontier Counties of this Province, praying a Redress of Grievances, The Committee of Eight Mem- bers accordingly met the Governor in Council. After reading the said Remonstrance, the Committee acquainted the Governor, that as it was addressed to both branches of the Le- gislature, the House were desirous that he would act in concert with them in sending for Matthew Smith and James Gibson, in interro- gating them in public, & convincing them that the several matters set foi'th respecting the Conduct of the Executive & Legislative Powers of Government, are unjust and without foundation. The Committee, after giving the Governor the several Reasons for this proposal of the House, retired. The Council then took the same into Consideration, but being of Opinion that they ought not to be precipitate in forming their judgment on this matter, advised the Governor to defer giving an Answer to the Assembly till Mon- day. Accordingly, the Governor directed the Secretary to acquaint the House, that as the matters proposed by the Committee of As- sembly this morn^- were of some importance, he inclined to take them under further Consideration till Monday, when he hoped to give them an Answer. At a Council held at Philadelphia, on Monday the 20th Feb- ruary, 1764. PRESENT The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Shoemaker, Lynford Lardner, "^ William Logan, Benjamin Chew, It-, „ Richard Peters, Thomas Cadwalader, [ ^^ Richard Penn, J The Governor laid before the Board a Bill sent to him by the As- Bembly, for His Honour's Concurrence; entitled " A Supplement to PROVINCIAL COUNCIL. 147 the Act entituled ' An Act for taking Lands in Execution for the payment of Dabts, and for confirming Partitions in several instances heretofore made/ " which was read & referred to a further Consid- eration. The Proposal made by the Committee of Assembly on Saturday last, concerning the Remonstrance of the Frontier Inhabitants, was again considered by the Board, and the following answer thereto being drawn up, was read and approved. The Secretary was di- rected to deliver the same to the Committee of Assembly : *' The Governor's Answer to a proposal made him by a Commit- tee of Assembly, in a Conference with them on Saturday last; which was, that he would act in Concert with the House, in send- ing for Matthew Smith and James Gibson, who lately presented to the Governor and Assembly a Remonstrance or Petition in behalf of themselves & the five Frontier Counties of this Province, pray- ing a Redress of certain supposed Grievances, and in interrogating them in publick, and shewing that the several Matters and Things therein contained, respecting the conduct both of the executive and legislative Powers of Government, are unjust and without Founda- tion. " The Governor would, with great pleasure, take every legal and constitutional Measure which had a Tendency to promote the Pub- lick Peace & Harmony, and quiet the Minds of such of His Ma- jesty's Subjects in this Province, as are discontented, and remove any Errors or Mistakes they lie under, but he cannot accede to the method proposed by the Assembly, on this occa'^ion, for the following Reasons : *' First. Because it would, in bis opinion, be not only unbecom- ing the Honour and Dignity of the Government, which he shall always think it his Duty to support, but tacitly giving up the indu- bitable Rights of both branches of the Legislature, to enter into any Argument or Justification with the Petitioners, on the subject matter of their Complaints. Whether any Article in the Remon- strance or Petition is, or is not a real Grievance, or requires redress, is proper for the Consideration of the Representative Body of the people only, in the first Instance ; after which the Governor is to exercise 'his Judgment on any Bill which may be prepared for that purpose; whatever may be ultimately determined on by both branches of the Legislature, will be final and binding upon the People ; and the Governor conceives that he cannot concur with the Measure proposed, without inverting the order of Government and departing from the Rights the legislative Body is vested with by the Constitution. " Secondly. The legislative and executive Powers of Government are independent of one another, and are lodged in different hands; and though the Petitioners have in this case very injudiciously blended together matters which Regard both, yet that can be no reason why the Governor and Assembly should follow their Exam- ple. 148 MINUTES OF THE "The Governor doubts not but the House will take into Considera- tion such parts of the Remonstrance as are proper for their Cogni- zance, and do therein what in their Wisdom and Justice they think Right, as he will with Regard to such other parts as Relate to the executive Branch of Grovernment. "JOHN PENN. " February 20th, 1764.V At a Council held at Phila , on Monday, the 27th Feb^^- 1764. PRESENT : The Honourable JONH PENN, Esq""' Lieutenant Governor, &ca, James Hamilton, William Logan, } ,-, -o - • /I, ' >■ Esquires. isenjamin Chew, 3 The Bill entituled " An Act for the payment of £10,947 Ster- ling, in certain Proportions, to the several Colonies in America," And a Supplement to the Act entituled "An Act for taking Lands in Execution for the payment of Debtji, and for confirming parti- tions in several Instances heretofore made," being again considered, were approved and ordered to be returned to the House to-morrow, without any Amendment. The Governor laid before the Board the two following Bills, which were presented to him from the House on Saturday last, for his Con- currence, entituled " An Act for granting to his Majesty the Sum of £50,000, and for Striking the same in Bills of Credit, in the manner herein after directed, & for providing a Fund for Sinking the said Bills of Credit by a Tax on all Estates, Real and personal, and Taxables within this Province ;" And a Supplement to the Act entituled " An Act for erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape Henlopcu, and for placing & fix- ing Buoys in the said Bay and River Delaware, & for appointing Commissioners to receive and recover certain Sums of Money here- tofore Raised by way of Lottery, and to appropriate the same to the (purposes aforesaid," which were in part considered, and referred to a future Reading and Consideration, Tuesday, 28th February. The Secretary, by the Governor's Orders, carried to the House the two Bills entituled "an Act for the payment of £10,947 Ster- ling, &c*'" and the "Supplement to the Act entituled 'an Act for taking Lands in Execution for the payment of Debts, &c*'' " and ac- quainted them with His Honour's Assent thereto ; at the same time, by a verbal Message, he informed them that, as the Supply Bill was. a PROVINCIAL COUNCIL. 149 very long one, the Governor had it still under Consideration, and would let the House know his Determination upon it as soon as con- veniently he could. At a Council held at Philadelphia on Wednesday, 7th March, 17G4. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c^- James Hamilton, Benjamin Shoemaker, Benjamin Chew, Esq"- The Bill entituled " An act for granting to His Majesty the Sum of £50,000, and for Striking the same in Bills of Credit, &c''" was read, and again considered. There appearing Several material Ob- jections to the said Bill, the Governor observed that he could not think it consistent with His Duty to the Crown & Obliga- tions to the Proprietaries, to pass it, especially as it contained Clauses directly repugnant in two points. Relating to the Taxa- tion of the Proprietary Lands to the Decree of his late Majesty in C'-uncil, on an Act for granting to His Majesty £100,000, in the Year 1759, agreeable to the Report of a Committee of the Lords of the Council, that the said Act ought to be repealed, unless the Six alterations and amendments mentioned in the said Report were made to it. The Governor, therefore, laid before the Board a Draught of a Message which he proposed to send to the House with the Bill; the same being read & approved, was ordered to be transcribed and carried with the Supply Bill to the House to-Morrow morning. A Message from the Governor to the Asscmhlij. " Gentlemen : " It gives me real Concern to be under the necessity of refus- ing my Assent to the Supply Bill entituled " An Act for granting to His Majesty the sum of Fifty thousand Pounds, and for striking the same in Bills of Credit. &ca.," sent up for ray Consideration. I am no stranger to the long disputes and Differences which un- happily Subsisted for many Years after the breaking out of the last War, between the two Branches of the Legislature in this Province, upon Bills of the like Nature with this now before me, nor to the Mischief and ill Consequences »vhich ensued to the Public from them. As the Principal points in Controversy could not be adjusted here, they were at last happily brought to an Issue before His Majesty in Council, upon an Act for granting to His said Majesty the Sum of one hundred thousand Pounds, passed in the Year 1759, which being Referred to a Committee 150 MINUTES OF THE of the Lords of the Council, they after a full hearing Be].- i^ed that the said Act was fundamentally wrong and unjust, and (iu.ht to be- repealed, unless Six Alterations and Amendments by them particu- larly mentioned were made to it ; And the only Reason why the King: was then graciously pleased by his Decree to permit tiiat Act to stand unrepealed, was that the Agents for the Assembly entered into a Stipulation which they signed in the Council Bookf^ undertaking and engaging that the House would frame :i 15111 to al- ter and Amend the said Act, according to the Report of the Lords- of the Committee. A Letter from the Right Honouvahlr the Earl of Egremont, one of llis Majesty's principal Secretaries of State, of the twenty-seventh of November, 1762, (which you will tiud I'utered on your Journals), wrote by the express Orders of our pn-s ut Sove- reign, to my predecessor Mr. Hamilton, highly approving of his , Conduct in withholding his assent to a latter Supply l^iH, for con- taining several Clauses repugnant to the said Report, which as the Letter expresses, he could not pass consistently with his Duty to His Majesty and his Obligations to the Proprietaries, clearly de- monstrates His present Majesty's Sens© of the Wisdom and Justice of the above mentioned Decree. Under these Circuicstances-, I should be inexcusable in doing any Act which militates against tlie Solemn and deliberate Sentence of that Judicatory, which by our Constitution is vested with the power of determining in the last appeal, which by our Constitution is vested with the power of de- termining in the last appeal, especially as it is adopted & enforced by His present Majesty in the Secretary of State's Letter. My principal objections to the Bill now before me are, that it is expressly contrary to the Decree of the Council Board; first, in the taxation of the Proprietary located uncultivated Lands in the Country, and their Lots in Cities & Boroughs ; & Secondly in the subjecting any part of the Money given to the King's use by this Bill td all such Drafts and Certificates as have been or hereafter shall be made by Order of the Assembly only, for the incidental charges of the cur- rent Year, without my previous consent thereto, or being even made acquainted therewith; lastly, the Bill in a former part enacts that no less than five Provincial Commissioners of appeals shall make a Board, and in a latter part it expressly says that three shall be sufficient to determine any appeal. Whereupon, I now return it to you, and most earnestly desire that you will again take it into- your consideration, and free it from these objections, so that I may be able to give my Assent to it consistent with my Duty and the Trust reposed in me. " JOHN PENN. "March 7th, 1764." A Bill entitulcd "An Act for formino; and regulating the MiHtia of the Province of Pennsylvania," sent up by the House for the PROVINCIAL COUNCIL. 151 Governor's Concurrence, was then read and referred to a further Consideration. A Bill entituled "An Act for the relief of Samuel Wallis, a Pri- soner in the Goal of Philadelphia, with respect to the imprisonment of His person," being presented to the Governor for his Concur- rence, was read and approved, and the Secretary was ordered to carry the same to the House to-morrow, with the Governor's Assent, & at the same time acquaint them that his Honour would return the two other Bills under his consideration as soon as possible. Saturday, 10th JMarch, 1764. Two Members of the Assembly waited on the Governor and ac- quainted him that the House being inclinable to break up very soon, hoped the Governor would return the two Bills under his Considera- tion as soon as possible, & desired to Know at what time they might expect them; to which the Governor answered, that he would return them to the House on Monday next. At a Council hold at Philad"-' on Monday, the 12th March, 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieut'- Governor, &c»- James Hamilton, Lynford Lardner, ) -p, ^s. Benjamin Chew, Kichard Penn, J ^^ The Bill entituled "An Act for forming and regulating the Militia of the Province of Pennsylvanin," was again read, and being fully considered, there appeared among others the following material Ob- jections to it, viz'-: 1st. It provides that the Officers shall be elec- tive, and in the Nomination of the people. 2dly. That the Gover- nor shall not have the power of ordering a part of the Militia to do duty on the Frontiers, for the defence of the Province, while the Provincial Troops were employed elsewhere, without the advice and consent of the Provincial Commissioners. 3dly. The several Fines to be imposed on the Officers and Soldiers for neglect of Duty, in every instance, are too small, and by no means sufficient to answer the purposes intended by them. 4thly. No provision is made for holding Courts Martial, for punishing Capital Crimes, such as Mutiny, &c'' in time of actual Service. Accordingly several Amendments were made to the Bill, and the Secretary was directed to return it with the same to the House in the afternooa for their Consideration. 152 MINUTES OF THE The Bill, entituled " a Supplement to the Act entituled ' An Act for erecting a Light House at the Mouth of the Bay of Dela- ware, &ca,/ " was again considered, and the Secretary was ordered to return the same to the House with a Verbal Message, in the words following, viz'-: "Sir: " The Governor commands me to return the Bill entituled " A Supplement to the Act entituled, ' An Act for erecting a Light House at the Mouth of the Bay of Delaware, &ca.,' " to inform the House that he has no other objection to it than that the House have, by inserting the Officers name for collecting the Duties thereby imposed, even without consulting him in the Appointment or Nomination of such Officer, made an Infringement on the Pre- rogatives of the Crown, with which he is entrusted ; and that he cannot, therefore, pass it in its present Form." At a Council held at Philadelphia, on Monday the 19th March^ 1764. PRESENT : The Honourable JOHN PENN, Esquire, lieutenant Governor, &ca. James Hamilton, Benjamin Chew, ") tji Lynford Lardner, Richard Penn, j ^ The Governor laid before the Board a Bill entituled "An Act for granting to his Majesty the sum of £55,000, and for striking the same in Bills of Credit, in the manner herein after directed^ and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & Taxables within this Province," sent up by the House last Week for His Honour's con- currence, & the same being read and considered, it was found liable to the same objections as were made to the last Supply Bill respect- ing the Taxation of the proprietary located uncultivated Lands and Lots ; And, therefore, the Secretary was directed to return it, with the following Verbal Message, to the House, viz*- : « Sir : " The Governor returns the Bill intituled 'An Act for granting to His Majesty the Sum of £55,000, &ca ,' and commands me te acquaint the House that it is Liable to the same Objections which he made in his Message of the Seventh of this Instant, to the last Supply Bill, relative to the taxation of the Proprietary located un- cultivated lands and Lots, as must appear at first View, on compar- ing the Bill with the Decree of His late Majesty. The Governor, PROVINCIAL COUNCIL. 153 therefore, 'most earnestly recommends it to the House to make the Bill conformable in these particulars to the Said Decree, from the Terms of which he cannot in duty deviate, after which he will readily pass it into a Law." The Bill intituled ''a Supplement to the Act intituled 'An Act for the better settling Intestate Estates,' " and for repealing one other Act of General Assembly of this Province, intituled "An Act for amending the Laws relating to the partition and distribution of Intestates' Estates," sent up by the House for the Governor's con- currence, was also laid before the Board, & being read and consid- ered, was ordered to be returned to the House with several Amend- ments. Eodem die. The Governor received from the Assembly, by two Members, a verbal Message, in these words, viz'- : " The House apprehend that they have, in the Supply Bill, fully complied with the Stipulations entered into by the Agents at the Council Board, relative to the Proprietary located unimproved Lands & Lots, and have expressed the Intention of the same in the plainest Terms. As the Governor thinks otherwise, the House re- quest he would be pleased to explain to them what he takes to be the Intention of the said Stipulation in that respect, it being highly necessary the Act should be expressed in such Terms as that those who are to execute it should clearly understand it " Tuesday, 20th March. The Governor sent to the House follow^' verbal Message by the Secretary, viz'- : "Sir: " In answer to the verbal Message from the House, of the last Evening, the Governor orders me to lay before the House a Copy of the Second and third Articles of the decree of His late Majesty in Council, Referred to in his former Message, which are as follows, viz'" : " '2. That the located uncultivated Lands belonging to the Pro- prietaries shall not be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the Inhabitants shall be assessed.' 154 MINUTES OF THE " ' 3. That all Lands not granted by the Proprietaries^, v,: thin Bo- roughs & Towns, be deemed located uncultivated Lauds, :Qd rated accordingly, & not as Lots.' "The Governor further commands me to acquaint the liiuse that the Agents for the Assembly stipulated that the House would frame a Bill in conformity to the said Order of the Council Hoard, & that he apprehends the Words made use of in the above articles to be so express and certain, as to admit of no doubt or A)iibiguity, and to convey a meaning very different from the Provisi'>ns made respecting these matters in the present Bill. But, as the Session hath been drawn out to such an unusual length that the L>'vies vo- ted by the Assembly will be useless unless they are raisi •! imme- diately, and a difference in Opinion, or Dispute between him and the House, at this time, with regard to the Intention of the Agents, in the said Stipulations, would probably obstruct his Mnjr-ty's Ser- vice, and defeat the good Ends proposed by the Greneral, in the aids he hath demanded of this province; the Governor, to av'od these Mischiefs, hopes the House will be pleased to insert in the Bill the above clauses, in the very Words of the Decree." Eodem Die. A Member of Assembly waited on the Governor, and (■elivered a verbal Message from the House, in the words following, Viz'- : "As the Governor and assembly differ in their opiuiim of the meaning of the Words contained in the Stipulations, he mentions, it is very probable, if the same Terms only, are used, the Coininissioners and Assessors of the several Counties may differ likewise, in their opinion of the meaning of those Terms, and thence differ in ttie Modes of Taxation, and the Provincial Commissioners of Appeal may not know what to determine in the last instance. It seems, for that reason, necessary to use Terms more certain and explicit, though expressing the same meaning, which the House have accordingly done. But in order to come to a right understanding with the Governor on this matter, they request he would be pleased to acquaint them whether he understands the meaning of the Stipulation con- cerning the located uncultivated Lands to be, that the best and most valuable of the Proprietaries' Lands and Lots should be taxed no higher than the worst and least valuable of the Lands and Lots belonging to the people? As the greatest part of the Troops are already raised, the House do not conceive that the settling of this important point, so as to leave it clear, can occasion any Delay prejudicial to His Majesty's Service." In the Evening the Governor sent the Secretary to t:ie House with the following verbal Message, in answer to theirs of this day, but meeting two Members who acquainted him tliat the House were PROVINCIAL COUNCIL. 155 adjourned till to-morrow, he was directed by the Governor to deliver it as soon as they met iu the morn'- : "Sir: " The Governor commands me to acquaint the House that he will not enter into any dispute with the House about the Intent or Meaning of the Agents in the Stipulations they made, since he is to be guided by the royal Ordei', and not by the Intention of the Agents. The Lords of the Committee, when they framed the two articles in their Report, a Copy of which was inserted at large in the Governor's Message of Yesterday, and his late Majesty, when he approved of that Report, most certainly understood the Force of the words they made use of to convey their Ideas ; if this is once admitted, the Governor is of opinion that the English Language does not afford words more forcible, clear, and explicit, than are contained iu the Articles before mentioned, & consequently, that any Amendments or Additions attempted to be made to them by the House, will rather tend to perplex than explain the Royal Order, which induces him again most earnestly to entreat the House to in- sert the very Terms of the said Order in the Bill." Then two Members returned to the Governor the Bill entituled " A Supplement to the Act entituled ' An Act for better settling In- testates' Estates, &ca ,'" and delivered an Answer of the Assembly to His Honour's Amendments thereto, wherein they agree to seve- ral of them, and adhere to the Bill with respect to some others, and make a few new ones. Wednesday, the 21st March. The Secretary delivered to the House the verbal Message inten- ded to be sent last Night, and also, returned the Bill for Settling Intestates' Estates, &ca., with the Governor's Reply to the Assem- bly's Answer to his Amendments thereto, in which His Honour adheres to some of his Amendments, recedes from others, and agrees to the new ones made by the House. Thursday, the 22nd March. Two Members of Assembly waited on the Governor with the Sup- ply Bill, and the following written Message from the House; and at the same time acquainted him that the House were very incli- nable to make an Adjournment, and desired His Honour would be pleased to appoint a time for passing the Bills, to which His Hon- our made answer that ho should be ready for that purpose, in the Council Chamber, to-Morrow at 12 o'clock. 156 MINUTES OF THE A Message to the Governor from the Assembly. " May it please your Honour : ** The House, on a review of the Messages that have passed be- tween your Honour and them, concerning the Money Bill, beg leave to declare that they had the sincerest desire to comply with the requisitions of His Majesty's General, and, therefore, imme- diately, at your Honoui-'s instance, voted the number of Men re- quired, and the sum necessary to raise, «cloathe, aud pay them, and are sorry they should be obliged to say that the Delays & Difficulties they have met with in compleating a Bill to carry that Vote into Execution, have arisen wh -.lly from the intervening of Proprietary Interest & Instructions, which your Honour, who are '' no Stranger to the long Disputes and Differences that unhappily Subsisted for many Years between the two Branches of the Legislature, on Bills of the like Nature," must know were ever the great & Sole Ob- structions to His Majesty's Service in this Province. " To prevent a revival of those Disputes, the House have, in the Present Bill, complied ful.y, according to the best of their under- standing, with the opinion of the Lords of the Committee, approved by His late Majesty, Respecting our Supply Bill, and, therefore, had the greatest reason to hope that no objection could now arise to its passage. " But your Honour is pleased to refuse your Assent to the Bill, unless in two of the Six alterations proposed by their Lordships, the very Terms made use of by them in their Report, are inserted in the Bill, alledging that you cannot in duty deviate from them. " Such a reason for not passing this Bill, appears the more ex- traordinary to us, as the Six articles in that Report are evidently Heads only of proposed Amendments, and do not appear to be ever intended as formed Clauses, the very words of which were to be inserted in our future Supply Bills. '' For instance, one is, ' that the real Estates to be taxed, be de- fined with Precision, So as not to include the unsurveyed waste Lands belonging to the Proprietaries.' Can it be thought that these words ought to make a part of the Bill ? Another is, ' That the Governor's consent and approbation be made necessary to every issue &L application of the money to be raised by virtue of such Act.' Another, 'That Provincial Commissioners be named to hear and determine Appeals brought on the part of the Inhabitants, as well as of the Proprietaries ' Another, ' That the payments by the Tenents to the Proprietaries of their Rents shall be according to the Terms of their respective Grants, as if such Act had never been passed.' All these appeared to us to be merely Heads of Pro- visions to be made in the Bill, and the Provisions are accordingly made, tho' in very different Words, but such as fully and particu- larly express the same meaning. Thus, the last, ' That the pay- PROVINCIAL COUNCIL. 157 ment by the Tenants to the Proprietaries of their Rents shall be according to the Terms of their respective Grants, as if such Act had never been passed,' is provided for in the Clause that makes the paper Money a legal Tender in all payments whatsoever, by adding these words : ' the Sterling Rents due or to become due to the Proprietaries of this Province only excepted,' which words we con- ceived would effectually answer that purpose. And these Changes your Honour has not disapproved If the 'very Terms' of the Order in Council are so sacred, that they must be made use of and no other, and your Honour cannot in duty deviate from them. The House are at a loss to account for your agreeing to all those Alterations, and particularly to the latter, without the least Objection." Their Lordship's words relating to the Points now under Con- sideration, are these : " That the located uncultivated Lands belonging to the Proprie- taries shall not be assessed higher than the lowest Rate at which any located uncultivated Lund shall be assessed," And " That all Lands not granted by the Proprietaries within Borroughs and Towns be deemed located uncultivated Lands, and rated accordingly, and not as Lots." These Provisions in our Bill are thus expressed, viz'-: "And be it further enacted and provided nevertheless, That the Located uncultivated Lands belonging to the Proprietaries of this Province shall not by virtue of this Act be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the In- habitants thereof, under the same Circumstances of Situation, Kind and Quality, shall be assessed; and that all Lands not gran fed by the Proprietaries within Borroughs and Towns be deemed located uncultivated Lands, and Rated accordingly, any thing in this Act to the contrary thereof in any wise notwithstanding." We thought, may it please your Honour, that We had herein ex- pressed the true Intent of tho.se two Articles, but you have been pleased to let us know that you think otherwise, and that in your Opinion, the Words made use of in those Articles convey a Meaning very different from the Provisions made Respecting these matters in the present Bill. We then by a Message recfuested your Honour would be pleased to acquaint us what meaning you conceive they do convey. This you have Refused. We have then endeavoured to conjecture from the former Tenure of Proprietory Measures, what sense your Honour might possibly be willing to understand them in, and by another Message, after setting forth that as your Honour and the House differed in their Opinion of the meaning of those Articles, it was very probable the Commis.sioners and As- sessors of the several Counties who were to execute the Act, might, if the Same Terms only were used, differ likewise in their Opinion, and thence differ in the modes of Taxation. We requested you would be pleased to acquaint us, whether you understood the mean- ing to be " that the best and most valuable of the Proprietarie'a 158 MINUTES OF THE Lands and Lots should be Taxed no higher than the worst and least valuable of the Lands belonging to the People." This your Honour has been pleased neither to disown or deny, but continue to insist that the words of those Articles are so clear & explicit, that any additions to them will Rather tend to perplex than explain them, and therefore urge us again to put them and no others in the Bill. " We beg your Honour would be pleased to reflect for a moment How absurd it would be for the two Branches of the Legislature to agree to pass an Act in Terms which both of them have in public Messages declared before hand that they understand very differently, and particularly how extreamly wrong in the Assembly, when the other Branch, the Executive, will not declare what it understands by those Terms, but reserves that till the Law shall come to be executed. " Under these Circumstances, 'tis impossible for us to use in this Bill the Terms unexplained, which your Honour Insists upon. " We do, therefore, uanimously adhere to our Bill, and once more earnestly Bequest your Honour would be pleased to pass the same without further delay, as His Majesty's Service and the present deplorable Circumstances of the Frontiers, require its being carried into immediate Execution. " Signed by order of the House, '- ISAAC NORRIS, Speaker. <' March 22nd, 1764." Friday, 23rd day, A. M. The Secretary, by the Governor's directions, acquainted the House that His Honour being necessarily engaged in Business this fore- noon, could not conveniently meet the House, in order to pass the Bills, till 5 o'clock this afternoon, when he should be ready to receive the House for that purpose. Eodem Die, P. M. The Governor again sent down the Supply Bill, with a written Message to the Assembly, which follows in these Words, viz' : A Message from the Governor to the AssemhJy. " Gentlemen : <' In the present Situation of Affairs, when His Majesty's Ser- vice & the defence and Protection of our Frontiers against the PROVINCIAL COUNCIL 159 Indian Incursions the ensuing Summer, require the raising and keeping up a Body of Troops to oppose our Enemies and enable the General to carry on the Offensive Operations he has wisely planned against them, it is not without inexpressible Concern, I find by your last \Iessage, that the Supply Bill must of necessity be re- jected, unless you will yet agree to insert in it the two Clauses of their Lordship's Report, a copy of which I laid before you in my Message of Tuesday last. But I flatter myself, Gentlemen, that when the Subject Matter of the Dispute between Us respect- ing the Bill comes to be fairly stated and understood, none of the ill consequences which may ensue from the failure of it can justly be imputed to me. "I have already told you that I. was not unacquainted with the long and various Contests which were agitated between the legisla- tive Branches here for several Years after the last War, nor to the Evils and Miseries which were entailed on the Frontier Inhabi- tants particularly by them, but I was also firmly persuaded that by the solemn Determination of the King and Council upon these points, all future Assemblies would acquiesce therewith, and that all Controversy about them was at an end ; I could not, therefore, but be much surprized when, on receiving the first Supply Bill which you presented me, I found that it was only in my Opinion contrary to those Articles in the Royal Order which I have Objected against the present Bill, but by subjecting the Money to be struck to the Drafts & Orders of the Assembly only, for defraying what they should please to Certify were contingent Charges of the Current Year, was contrary also to the fourth Article in the said Order, viz': That the Governor's consent be made necessary in every Issue and Application of the Public Money. The Bill now before me you have, at my instance, been pleased to amend in this last particular, & you contend that you have complied with the Intent and Meaning of the Lords of the Council in the other two Articles with regard to the Taxation of the Proprietary Estate. *' Could I concur with you in this opinion, 1 should with the greatest joy assent to a Bill which I most ardently wish to forward by every means consistent with my Duty. I know of no other cer- tain Rule of judging of the intentions of another, than by the plain import of the words made use of to convey them, &; agreeable to this rule, I am yet persuaded that there needs nothing more than to set the Terms of the report in opposition to the Clause in the Bill relative to the Taxation of the Proprietary located uncultiva- ted Lands and Lots, to demonstrate to every unprejudiced Mind, that they convey a Sense and Meaning diametrically opposite one to the other. "After having again considered, with the utmost care & attention, the words of the Second Article of the Decree, which are, * that such Lands shall not be assessed higher than the lowest at which any belonging to the Inhabitants shall be assessed,' it is strange to 160 MINUTES OF THE me you can possibly conceive tbem to be ambiguous, or want Ex- planation. Tbe only construction I can put upon tbem, or tbat tbey can bear without torturing, is, that if five, ten, or fifteen pounds is the lowest at which any such lands of the Inhabitants are assessed, none of the located uncultivated Lands of the Proprietaries shall be assessed higher. " You, in your Bill and Messages, own that you conceive them in a different light. Under this contrariety of Sentiment, I have repeatedly proposed & requested of you to insert the veiy Words of these two Articles of the Decree in the Bill, not as you insinuate, because I hold the Terras of the decree Sacred, when, by other Words, you express the Sense & Meaning of the King and Council; but as it appears to me in this case to be the only expedient left to prevent the loss of this important Bill at a time when perhaps the Lives of many of our Fellow Subjects depend on the success of it. " The Reason you assign for not coming into this Proposition, lest those who are to execute the law should understand this part of it differently, & vary in their mode of Taxation, will appear to me groundless, so long as I continue my opinion with respect to the Clearness & perspicuity of the Terms used in their Lordships re- port; Besides, you will please to consider. Gentlemen, that the Pro- vincial Commissioners of Appeal, appointed in the Bill, are a stand- ing Board, and will ultimately have the right of controuling the Acts of the Assessors, and of Judging & Settling any Disputes of this kind, and any Supposed triffling inconveniences of this Nature, which I cannot think will ever happen, ought not to be put in Com- petition, either with the Safety and Security of the Province or blood of His Majesty's brave Subjects, which may be Spilt on the Frontiers for want of a Law to provide for their Protection and De- fence. I therefore once more return you the Bill, and most cor- dially entreat you to accede to the measure of inserting in it the very Words of the two Articles before mentioned. "JOHN PENN. « March •23rd, 17G4." The several Bills which had received the Governor's assent, hav- ing been engrossed and compared, the Governor, by the Secretary, required the attendance of the House in the Council Chamber, that he might Pass t^iem ; The House accordingly attending, the Speaker presented to the Governor the four following Bills, which His Hon- our enacted into Laws, and signed a Warrant for affixing the Great Seal thereto; They were afterwards Sealed and deposited in the Roll's Office, viz'- : " 1. A Supplement to the Act entitled ' An Act for taking Lands in Execution for the payment of Debts, & for confirming partitions in several Instances heretofore made.' " " 2. An Act for the payment of £10,947 Sterling, in certain rroportions, to the several Colonies in America.'' PROVINCIAL COUNCIL. 161 " 3. An Act for the relief of Samuel "Wallis, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his person ;" and " 4. A Supplement to the Act entituled ' An Act for the better settling Intestate Estates, and for Repealing one other Act of Gen- eral Assembly of this Province, entituled ' An Act for amending the Laws Relating to the Partition & Distribution of Intestates Estates.' " Saturday, 21th day of March. 1764. In the Evening two Members of Assembly waited on the Gov- ernor, and delivered him the following Message, acquainting him at the same time that the House intended to adjourn to the four- teenth of May next : A Message to the Governor from the Assemhly. " May it please your Honour : " We have considered your Honour's Message of Yesterday af- ternoon, sent down to us with our Supply Bill, & are extremely con- cerned to find, that notwithstanding His Majesty's Service, and the present Situation of our Affairs, which you well describe in the first lines of the Message, do so plainly mark the Utility and Necessity of passing that Bill, yet, it must, you are pleased to say, be re- jected. " We are sensible that your Honour did make, to a former Bill, the Objection you mention, concerning the incidental Charges, but as the House long since dropt that Bill, & out of Zeal for the Ser- vice, broke through their Rules, & in the same sitting, prepared & presented another Bill free from that Objection, we cannot conceive why it is repeated here, unless to swell in appearance, the number of supposed faults in the present Bill, with which it has nothing to do. " It obliges us now, however, to explain that matter. The inci- dental Charges of the current Year are well known, and cannot be, as your Honour unkindly says, " everything that the Assembly shall please to certify to be such " The sum they may amount to, is not indeed, so certain, varying a little in different Years, but was al- ways, and must be small, compared to the sum granted in the Bill, The Course relating to them, even since the Order of Council, has been for the Governor to request an Estimate of the particulars, and for the House to give it as near as they could ; and his passing the Bill after receiving such Estimate, was understood, both by him & the House, to be his consent to that Application, and those Is- sues. The Clause was inserted in Compliance with that practice, VOL. IX. — 11. 362 MINUTES OF THE and yoar Honour might, and would bave bad the Egtimate as soon as it could be prepared, on the least Intimation ; but, it seems, jou were better pleased with the opportunity yoa supposed it gave you, of making some Charge against us, as contravening the foyrtb Ar- ticle in the Order of Council, viz'-: " That the Governor's consent & approbation be made necessary in every Issue and Application of the public Money." It was a matter of so sraail Consequence that we did not think it worth a word of " Coatroversy" at such a time, and therefore, in the new Bill, totally dropt the Clause, kaving those incidental Charges to be provided for in some other way we might afterwards agree upo-n, but your Honour ehuses to repeat the Ac- cusation, though now so evidently o\jt of time. " Yo» are pleased to say, you know of no other eertaJQ Rule of judging of the Intentions of another than by the plain import of the Words made use of to convey them. We beg leave to point oat another rale, and We think a better, l^aws and Oidinanees, tho' composed by the Wisest men, in Councils and Parliamenta, prac- tised in using the greatest Clearness and Precision, are sometimes found to contain ObscuTities &, Uncertainties, which those who are to execute them find difficult to clear and settle. It is no Reflec- tion on such Bodies to say this; — Every thing human is Subject to Imperfection ; — But where the Words are by Construction capable of two opposite Meanings, the one manifestly unjust and unequal^ and the other perfectly consistent with Justice and Equity, we con- ceive it a good rule to Judge that the intention is with the latter. Respect to the Body forming such Law requires it — Con>mon Can- dor demands it. Now, in the present Case, the Intention of the Lords of the Council in certain Words by them made use of, is ta b-e judged of by your Honour and the x\ssembly. In order to form ai Law agreeable to them, The House, in the Bill, put a Construc- tion on them conformable to common Justice and Equity. Your HoQour was pleased to tell us that the Words have a very different meaning, but for some time refused to say what you conceived that Meaning to be, insisting on our using the very Words, v/itbout Ex- planation. It was not till after three Messages, requestiiig your Honour's judgment of that meaning, and several days spent in our Endeavours, that we have been able to obtain it, and now that we have it, and consider it, do not wonder it should be so long refused. It is at length this, ' Thait if five, ten, or fifteen Pounds, is the lowest at which any such [i. e. located uncultivated] Lands of the Inhabitants are assessed, none of the located uncultivated Lands of the Proprietaries shall be assessed higher.' Had we been fortunate enough to have used these words in our Bill, we now have reason to believe your Honour would not have referred us back to the verry Terms of the Report, and insisted that any Amendments or additions of ours would rather tend to perplex than explain those Terms. Bat your Honour must know that many of the located uncultivated Lands belonging to the Ib- PROVINCIAL COUNCIL. 163 habitants caEnot, from the Nature of them, be, in Justice, assessed higher than five Pounds par huudred Acres, while the best of their Lands must, by the Law, be assessed at Fifteen Pounds ; And can your Honour think it just that because the worst and least Valuable of the people's Lands are Raited at five Pounds, the best and most valuable of the Proprietaries' Lands should be assessed no higher, when it is well known they select and locate the best in every new purchase before the people are allowed to take up any. Your Honour will not say this, because it is inconsistent with all our No- tions of common Honesty. The same modesty which so long pre- vented Your Honour's confessing to us your opinion of the meaning of thos.' words in the Order of Council, will prevent your insisting on tlie meaning as a just one ; And for our parts, we dare not put so iniquitous a C'onstruction on their Lordship's words — Respect and Decency forbid it. "Your Honour tells us that you cannot, 'consistent with your Duty,' pass this Bill. If Duty to the Crown is meant, can your Honour seriously attempt to persuade us that the Crown will be offended with a Proprietary Governor, for giving up an unjust Pro- prietary Claim to partiality in Assessments, in favour of Proprie- taries private Estate, where no point of Government or Prerogative of the Crown, is concerned? But perhaps your Honour means Duty to the Proprietaries, as your Honoured Father & Uncle ; if so, we must allow that Duty well supported and enforced by your own private Interest, for such a partiality in favour of Proprietary Estates, must not only be extremely agreeable to the present Pos- sessors (from our acquaintance with them for some Years past, we speak it), but, if it can be established, will be highly advantageous to their Posterity. " Your immediate Predecessor, Governor Hamilton, assured a former As,sembly that ' nothing was further from his Thoughts, than to desire that the Proprietaries Estate should be exempted from paying a proportionable part of the Supplies for the current Service,' and ' that it was of the Essence of free Governments, that the money raised for public Services should be assessed equally upon all Ranks and Conditions of Men, otherwise the highest In- justice may be committed under the Sanction of Law.' There seems now some Reason to apprehend that these equitable Senti- ments of that Gentleman might possibly have a Share in occasion- ing his removal; and we Shall not wonder if your Honour, from a nearer connection with the Proprietaries, has imbibed others ex- treamly different. " The Inconvenience we mentioned that might arise from the Assessors of the different Counties, differing in their Opinion of the Meaning of the terms you require in the Bill, your Honour appre- hends will be removed by means of the Provincial Commissioners of Appeal, which we own we do not see. The Assessors of dif- ferent Counties may not only fall on different modes of Taxation, 164 MINUTES OF THE as they differently understand those unexplained Terms, but should half the Assessors in one County understand them one Way, and the other half the other, no Tax can be laid, or Money raised, in that County till they agree. The Provincial Commissioners of Appeal, too, being nine, and five of them a Board, three of which can determine, may, being of different Opinions, give different Judgments at different Sittings, as often as three, the Majority of a Board, happen to be taken from those who are of one or the other Opinion ; besides, though the Assessors below should, from a right understanding of the unexplained Words, act rightly, if the Pro- vincial f'ommissioners, for want of Explanation, understand the Words in a wrong sense, they may, on Appeals, overthrow every right Assessment in the Province. In short, we conceive that much Confusion must arise from the using of Terms in a Law that the Governor &, Assembly both declare they understand so differently. We may both be separately clear in our Conceptions of their mean- ing, but our differing so widely in those Conceptions, seems to in- dicate at least some ambiguity or Obscurity in the Terms ; and we believe this is the first time that ever the enacting an Ob.scurity in the Law was insisted upon, in hopes that some who were to exe- cute it, might possibly see more clearly thro' it than the Legislature themselves. " Your Honour is pleased to profess great Concern for the 'safety and security of the Province, and for the blood of his Majesty's brave Subjects, which may be spilt on the Frontiers, for want of a Law to provide for their protection,' and yet refu.se to pass this Bill, unless gross partiality in taxing is established by it in favour of the Proprietary Estates. "You have twice told us 'that you are not unacquainted with the long & various Contests on this Subject, that have been agitated between the Legislative Branches here, nor with the Evils and Mis- eries which were entailed on the Frontier Inhabitants by those Dis- putes.' As you must then know that those Contests arose solely from Proprietary Injustice, you cannot be ignorant to whom all those Evils and Miseries ought to be imputed, And on a little further reflection, will find that you do really 'flatter yourself,' as you well express it, when you imagine that none of the ill Consequences which may ensue from the failure of this Bill, can justly be impu- ted to you. Your Honour has refused to pass at present, and our Affairs lay us under a necessity of making an Adjournment; but we now acquaint you, that the Bill continues to lie ready for your Assent, and that we shall chearfully return on your Summons when- ever, upon more mature Consideration, you shall find yourself will- ing to enact it into a Law. In the meantime, if any ill Conse- quences ensue from the Delay, they will undoubtedly add to that load of Obloquy & Guilt the Proprietary Family is already bur- dened with, & bring their Government (a Government which is always meanly making uae of public Distress, to extort something PROVINCIAL COUNCIL. 165 from the people for its own private Advantage), into (if possible), «till greater Contempt. '* For our own parts, we consider the Artifices now using, and the Steps taking to enflame the Minds of unthinking people and excite Tumults against the Assembly, as concerted with a view to awe us into Proprietary Measures. But as these Seats were given us from no Solicitations of ours, and as we have no private Interest to serve by retaining them, nor any pleasure in the Possession of them, we are very willing to quit them whenever our Constituents think pro per to relieve us, by chusiog other Representatives, which our annual Elections give them frequent Opportunities of doing. And for the present Safety of the Persons and Properties of the good People of this Province, since the Governor will not pass the equal Militia Bill we offered him, but upon Terms of great Addition to Proprie- tary power, which we hope and are persuaded no future Assembly will agree to, we must for the present depend on ourselves and our friends, and on such protection as the King's Troops can afford us, which we hope, by the Blessing of God, will be sufficient to defend us till his Majesty shall graciously think fit to take this distracted Province under his immediate Care & Protection. " Signed by Order of the House, "ISAAC NORRIS, SpeaJcen ■" March 24th, 17 G4." New Castle, Monday 26th March, 1764, P. M. • The Governor received a verbal Message from the Assembly, by three Members, that the House had met on the 20 Instant, pursuaut to their Adjournment, & had proceeded upon Business agreeable to his Honour's desire, intimated to the House by a Letter to the speaker, and that they desired to know if the (rovernnr had any- thing to lay before them; To which his Honour made answer that he had nothing in particular to recommend to them at present, but to go on with the Business they had begun, which he hoped would be in his power to finish to their Satisfaction. Tuesday, 27th March, 10 o'clock, A. M. The Governor acquainted the House, by the Secretary, that be proposed to speak to them this forenoon, anddesired their attendance for that purpose at his Lodgings at 11 o'Clock. The Speaker and the whole House attending accordingly, the Goveruor made them a speech, which follows in these words : 166 MINUTES OF THE " The Speech of the ITonourahle JOHN PENN, Esqwire-,. Lieu- tenant Governor of the Comities 0/ Neiocastle, Kent, and Sussex upon Delaicare, and Province of Pennsijlvania, To the General Assembly of the said Counties. Gentlemen : " The Honourable Proprietaries having been pleased with Hi& Majestie's Royal Approbation, to appoint me to the Government of the Counties of Newcastle, Kent, and Sussex, on Delaware, I am glad of this opportunity of Meeting in Assembly the Representa- tive Body of a people who have on all Occasions distinguished "themselves by their Zeal for the Service of their King & Country^ & their regard and affection for the Proprietary Family. " xls I have nothing at present in Charge from the Crown to lay before you, nor from the Proprietaries, but to assure you of their particular Esteem, and that it will give them a sensible pleasure to promote the Welfare and Happiness of the good people of this Government, I shall now only recommend it to you. Gentlemen, to consider of and prepare such Bills as you, from your Experience & Knowledge in publick affairs, judge useful and necessary for your Constituents; I'he Harmony and good Understanding, which have so long and happily subsisted between the Legislative Branches here, have principally been owing to a due and constant attention to the civil and Religious Rights of the People, without attempting to invade the Royal prerogative, or trample on the just Rights of Government; W hile you continue (as I doubt not you will) to act on these wise principles, you may be assured that you cannot be more Ready in asking than I shall be in granting any thing that can tend to the Peace, Security, and Happiness of this Govera- ment. " March the 27tb, 1764." Tuesday, 27th March, 12 o'Clock, A. M. The Assembly, by three Members, sent to the Governor for his perusal and Concurrence, a Bill entituled ''An Act for suppressing Idleness, Drunkenness, k other Debaucheries, within this Govern- ment." Wednesday, 28th March. Three Members waited on the Governor and acquainted him that the Mouse had prepared an address, which they intended to present to His Honour, and desired to knfgn when he would be pleased to PROVINCIAL COUNCIL. 167 E'eeeivc the same. The Governor answered that lie would lie ready for that purpose iniuiediately. The Heuse haviug accordingly waited on the Governor at His Lodgings, the Speaker delivered an Address to Hs Honour in the followieg Words, viz'-; An Jdtkiress of iJie As»smbf^ m Answer to die Governor's Speech. ■" May it please your Hoaour; " iVe, His Majesty's dutiful and Loyal Subjects, the EeprescH- lativos of the Freeraee of the Governuient of the Counties of New- Castle, Kent and Susses, upon Delaware, do, vs'ith all imaginable Chearfiiluess, lieturn your Honoiij- our most humbl-s Thanks for your Kind & afieetionate Speech to this House. " We beg leave to euibrtice this first opportunity to congratulate your Honour on your Appointuieat to, and safe arrival m this Gov- ernment; aad to assure roar Honour that a Gentleman of your good Character, and one so nearly related to our worthy and hon- ourablij Proprietors,^ being chosen the Successor to our late Gever- nor, Mr. Hamilton, whose mild and just administration had greatly endeared hioi to the good People we iiepresent, give us the greatest Pleasare. " The Assurances our Honourable Proprietors are pleased to give us of tkeic approbation of the Conduct of the Representatives of the People of this Government heretofore, and of their Esteeni for and desire to p.r0raote the Welfare and happiness of our Coa- stituents, atford us a very singular Satisfaction, and must be very agreeubl<3 to theni. We hope always to act in such a manner as to merit the continuacee of their good Opieion. " We acknowledge ourselves under the greatest Obligations to your Honour for your promises of a careful and diligent administra- tion for the publick good, which we think ourselves sufficiently se- cured of by your kiad Engagements and good disposition j And confess with the greatest joy, that you have assured us of all we can wish, aed Recommend to us all we ought to desire, and we doubt not your good Intentions will procure yourself & the people you preside over, the ga-eatest Happiness during your Goverament. " Permit us , Sir, in Return, to declare our Steady & constant Resolutions to support equally the Royal Prerogative and the Rights and l^iberties of the Subjects, to the utmost of our Power; to pre- serve that Harmony and good Understanding between the Legisla- tive Branches here, which is so essentially necessary for the Dis- patch of RusiGess, and to make your Administration easy and agreeable. " Signed by order of the House, '' JACOB KOLLOCK, Speaker. " JIarch 27th, 1764." 168 MINUTES OF THE To wbich the Governor was pleased to Return the following Answer : " Gentlemen : " I am much obliged to you for this Kind and Affectionate Ad- dress. The Resolutions you have taken to support the Prerogative of the Crown, as well as the rights and Liberties of the Subject, will justly Recommend you to His Majesty's Favour, As you may be assured it will give me a particular Satisfaction, at all times, to co- operate with you in promoting the Welfare and prospeiity of this Government." Eodem Die, A. M. The House presented to the Governor for his Concujrenee a Bill entituled "An Act appointing new Trustees for the Sale of Lots in the Town of Dover." Thursday, 29th March. A Bill entituled " An Act for the? more easy and speedy re- covery of Legacies," was sent to the Governor for his perusal and concurrence. Friday, 30th March. The Hotise sent to the Governor, for bis Concurrouce, three Bills^ estitaled as follows, viz'-: "An Act appointing new Trustees for the Several General Loaa Offices of this Government." "A Supplement to an Act entituled 'An Act entituled 'An Act for Banking and Draining a quantity of Marsh in the County of New Castle, commonly called Cherry Island Marsh." "A private Act for the embanking of the Marshes and Cripples on Hangman's Creek, in Appoquinimiuk Hundred, in New Castle- County, &ca." Saturday, 31st Mareb. The Asserjably sent up two Bills for the Governor's Concurrence j • one entituled " A Supplement to the Act entituled 'An Act for the PROVINCIAL COUNCIL. 169 better regulating of the Supream Court within this Government, & for aiding the discontinuance of the process therein j" And the other "A Supplementary Act for the Amendment of an Act eutituled 'An Act for the better regulation of the Roads in Newcastle County.' " The Grovernor, by the liSecretary, Returned to the House the Eight several Bills sent up for his Concurrenca^ which are eutituled as follows, with his assent to the first four, and a few Amendments to the four latter, viz'-; 1. " An Act for Suppressing Idleness, Drunkenness, and other Debaucheries, within this Government." 2. '* An Act appointing new Trustees for the sale of Lots in the Town of Dover." 3. "An Act for the more easy and Speedy recovery of Legacies." 4. "An Act appointing new Trustees for the Several General Loan Offices of this Government." 5. "A Supplement to an Act eutituled 'An Act for banking and draining a Quantity of Marsh in the County of New Castle, com- monly called Cherry Island Marsh.'" 6. "A private Act for the embanking of the Marshes & Cripples on Hangman's Creek, in Appoquinimink Hundred, in New Castle County." 7. '• A Supplement to the Act entituled ' An Act for the better regulation of the Supream Court within this Government, and for aiding the discontinuance of the Process therein ;' " And 8. " A Supplementary Act for the Amendment of an Act inti- tuled * an Act for the better regulation of the Roads in New Castle County." ' Eodem Die, P. M. Three Members waited on the Governor and acquainted him that the House had acceded to his Amendments to the Four Bills. The Governor in the Evening required the attendance of the Speaker &, the House, in Order to pass the said several Bills. They accordingly attended, & the Speaker presented the Eight Bills' before mentioned, which the Governor enacted into Laws, and signed a Warrant for affixing the Great Seal thereto. The Speaker then acquainted the Governor that he was directed by the House to return their Thanks to His Honour for the great dispatch he had given to their Business ; and at the same time delivered him, as a present, Orders on the Trustees of the General Loan Offices, for £200. 170 MINUTES OF THE At' a Council held at Philadelphia, on Wednesday, the 11th April, 1764. present: The Honourable aTOHN PENN, Esquire, Lieutenant Governor, Esq^ &ca. Ptichard Peters, William Logan, Thomas Cadwalader, The Grovernor informed the Board that the Commissioners had made Application to him b)^ the Secretary to take immediate Measures for the removal of the Indians now in the Barracks here, and send them to Sir William Johnson, or elsewhere, for that the maintenance of them here was found to be a very heavy expcnce to . the Province, and that if they are not permitted to go into their own Country, in order to plant Corn and make provision for their future Subsistence before the Season is too far advanced, it would be incumbent on us to support them till next Spring at the public Expence. His Honour therefore proposed this matter to the Consideration of the Council, and laid before them several Letters which he had received in answer to what he had wrote to Sir William Johnson on this Subject, viz'' : Sir William Johnson's Letter dated 27 February, 1764 ; Gov'' Coldens of the 25 March last, inclosing Minutes of the Council Board at New York of the same day, and a Letter from General Gage, dated the 9 of March, which last was ordered to be entered on these Minutes, and fuUows in these Words, viz'' Ji Letter from General Gage to the Governor. '' New York, March 9th, 1764. " Sir : " I take the Liberty to give you my Sentiments about the dispo- sal of the Indians at Philadelphia, whom you had thoughts of send- ing up the country to their own homes; such a measure in Our pre- sent circumstances might prove greatly Prejudicial to our Affairs. The resentment of those Savages must be Strong against us for the miserable Fate of the poor Wretches who were murdered at Lan- caster, and for the attempt made on their own Lives; tho' they have been so kindly treated by the Government of Pennsylvania, it's to be feared that Revenge for the injurys received from the peo- ple will out weigh the Gratitude they owe the Legislature, for the care and protection afforded them, and they might set this affair in such a light before the Six Nations, as would make a change in the present good disposition of those Indians towards us, which at pre- sent is as friendly as we can wish or expect. Those Savages are now in our power ; they are a sort of Hostages for the behaviour of their Nations, and effectually prevented from doing Mischief PROVINCIAL COUNCIL. 171 themselves. If the retaining them at Philadelphia should make you apprehend further Insurrections amongst the Inhabitants, I make no doubt that Governor Franklin would Receive tiiem in the Jerseys, & by placing them in the Barracks at Burlington, they would be removed out of the way of the People of Pennsylvania, and proper care be taken of them. " I have the pleasure to acquaint you that a party of our Friendly Indians, meeting with a body of Delawares, on the main branch of Susquehanna, on their way against some of our Settlements, they surprized the Delawares in their Camp, and made the whole Pri- soners, to the number of Forty-one, After which they bound them, & sent them, under an Escort, towards the Mohock River. " When your Assembly shall have settled the Supply Bills, I shall be glad to hear from you the first opportunity. "I am, with great Regard, Sir, " Your most Obedient humble Servant, "THO^ GAGE. " Hon'ble Lieut'- Gov'- Penn." The Governor, thereupon, desiring the Opinion of the Council, they advised him to call a Meeting of the Commissioners to-Mor- row Morning, and after laying before them the Said Letters, ask them (as it appears by that from Gen'- Gage to be his Sentiments, that the Indians should be still kept here under the Protection of this Government), whether they are willing to defray the Expence of their further maintainance, if he should think it necessary to continue them here a longer time, and afterwards, that his Honour would take his Measures accordingly. 24th April, 1761. MEMORANDUM. The Governor was acquainted that the Courts of Quarter Ses- sions and Common Pleas were to be held at Lancaster, the 1st Tues- day in May next; and at Reading, for the County of Berks, on the Tuesday following, and that in the latter there was a necessity of increasing the number of Justices, there being but eight in the whole County, of which only one lived in the Town of Reading; His Honour, therefore, this day issued two separate General Com- missions of the Peace under the Great Seal, the one appointing the following Persons Justices of the Peace & of the Common Pleas of and for the County of Lancaster, viz'- : 172 MINUTES OF THE "Emanuel Carpenter, Calvin Cooper, " Isaac Saunders, Adam Reed, "Edward Shippen, The'. Foster, " William Jevon, James Burd, " Adam Simon Kuhn, Isaac Richardson, " Robert Thompson, John Hay, " Andrew Work, Zaccheus Davis, " Jn"' Allison, W™- Hamilton, " James Hamilton, " William Till, " Benjamin Shoemaker, " Lawrence Growden, " Joseph Turner, " William Logan, " Richard Peters, " Lynford Lardaer, " Benjamin Chew, " Thomas Cadwallader, " Richard Penn, >Esqu ires. >Esquires, Members of Council." In the other Commission, the following Persons were appointed Justices of the Peace and of the Common Pleas ot and for the County of Berks, viz'- : The Members of the Governor's Council as before; & " Jonas Seely, Thomas Rutter, " William Maugridge, Jacob Morgan, " Peter Spyker, James Deimer, " Jacob Levan, John Patton, J- Esquires." " James Read, George Douglass, " George Webb, Henry Christ, " Joseph Millard, At a Council held at Philad*- on Friday the 27th April, 1764. PRESENT : The Honourable JOHN PENN, Esq'- Lieuten'- Governor. William Logan, Thomas Cadwalader, ") -p, „. Benjamin Chew, Richard Penn, j " The Governor laid before the Board the Records of Conviction of three Persons for Burglary at a Court of Oyer and Terminer, and General Goal Delivery, held at Philadelphia on Tuesday the 10th day of this instant, April, before William Coleman and Alexander Stedman, Esquires, two of the Justices of the Supream Court, which were certified by the Clerk of the said Court, and it appears PROVINCIAL COUNCIL. 173 by one of tlie said Records, that on the twelfth day of this Instant, April, William Frederick Handenreid was tried and convicted of Felony & Burglary, committed in the House of Thomas Clifford in the City of Philadelphia, the 28 day of February last, and had re- ceived Sentence of Death for the same ; By another of the said Records it appears that on the thirteenth day of this Instant, April, John Williams, otherwise called John Hines, was tried and convicted of Felony and Burglary, committed in the House of Wil- liam Johnson, in the said City, the 1st July, 17G3, and had like- wise received sentence of Death for the same; and by the other of the said Records, it appears that on the 17 day of this Instant, April, John Brinckloe, otherwise called John Benson, was tried and convicted of Felony and Burglary, committed in the House of Lydia McCall, in the said city, on the 10 day of February last, and had also received Sentence of Death for the said Crime. It being considered that the Inhabitants of the City have been put into great Terror on account of the late Robberies, and the Justices of the Supream Court not having reported any Circum- stances in favour of either of the said Criminals, nor said anything in their behalf, the Grovernor signed three separate Death Warrants under the Lesser Seal, for their Execution on Saturday the 5 of May next. At a Council held at Philadelphia, the 9th of May, 1764. TRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c*- Richard Peters, Lynford Lardner, > „ „ Benjamin Chew, Thomas Cadwalader, 5 ^^ The Examination of Doctor W""- Frederick Autenreit (or Han- denreid), one of the Three Criminals now under Sentence of Death in the Gaol of Philadelphia, taken the 4th Instant before the Mayor, was read, & being duly considered, the Council were of Opinion that there was some reason to doubt the Truth of several matters it contained, and therefore advised the Governor to issue a Warrant to respit the Execution of Brinckloe for another Week, but that he be carried with the other two, Autenreit and W^illiams, to the Gallows on Saturday next, and there treated as if all three were to be executed ; and that when the other two are executed, Brinckloe should be taken away from under the Gallows, and carried back to Gaol, to wait the Governor's further Consideration of the matter, particularly Autenreit's, persisting or not in his Acquittal of said Brinckloe, in his Confession or Declaration at the Gallows, be- fore his Execution; And it is so ordered accordingly by the Gov'' and that on Delivery of the Warrant to the Sheriff, for respiting 174 MINUTES OF THE the Execution of Brinckloe, he be enjoined Secrecy with respect to the Warrant till the other two are executed. The Draught of a Charter for incorporating Trustees for New- Castle County, was read and referred to a further Consideration. "Wednesday, 16th May, 1764, A. M. Two Members of Assembly waited on the Governor and ac- quainted him that the House had met according to Adjournment, & desired to know if he had any Business to lay before them ; to which His Honour made answer, that whatever matter he had to recommend to them, he should communicate to the House by the Secretary Sometime to-Morrow. Thursday, 17th May, A. M. ' The Governor sent by the Secretary a written Message to the House, which follows in these words, viz'-; A Message from the Governor to the Assembly. '' Gentlemen : " The Adjournment of your House; immediately on the delivery of your Message of the 24th of March last, deprived me of an op- portunity of answering it till your present Meeting, and as I am not fond of Contention, and was sincerely disposed to cultivate Har- mony and a good Understanding with you, I am verry sorry that the unwarrantable Freedom with which you have treated not only my Character, but those of the Proprietaries themselves, and the unfair state which I apprehend you hate made of the late dispute between us respecting the Supply Bill, will not now suffer me to let that Message pass unnoticed. " As Facts are stubborn things, and truth does not stand in need of any Colouring or Disguise, nothing \z more necessary, in order to set the controversy between us in its true light, than to take a short and summary Review of the Transactions which gave rise to it. *' In the Year 1700 an Act of Assembly of this Province, by which Supplies were granted to His late Majesty, was declared by the King, in Council, to be fundamentally wrong and unjust, in six several Articles, and therefore about to be repealed. Upon this Mr. Franklin (now a Member of your House) and Mr. Charles, who were your Agents in England, Solemnly engaged, on the part of the Assembly, that the House should, by a new Bill; amend the said PROVINCIAL COUNCIL. 175 Act, and make it conformable to the written Articles in the report of the Lords of the Council, if His Majesty would be graciously pleased to suffer the Act to remain unrepealed. Confiding in this Engagement, the King suspended the Kepeal of the Act, and the Agents signed a Stipulation, entered in the Council Books, of the import above mentioned. Till the present Bill made its Appearance, the Assembly never would agree to comply with the Stipulations of their Agents as to any one of the Articles in the Decree, notwithstanding they were frequently pressed to it by my predecessor. At length you thought proper to make your Bill correspond with four of the said articles, and strenuously in- sisted that you had inserted in it the true Sense and Meaning of the other two also. In this I was so unfortunate (or, as you seem to think, criminal,) as to differ in judgment with you. On consi- dering the two Articles of the decree, the words of which I at first conceived, and yet am of Opinion are so clear and explicit as not possibly to admit of a double Construction, and comparing them with your Bill, I found you had explained away the meaning of them by a Clause directly contrary to the plain import of the terms made use of by the King in Council. As a Colour and pretence for so strange a Conduct, you were happy enough to discover that Laws and Ordinances, though composed by the wisest Men, in Councils and Parliaments, practised in using the greatest clearness and precision, are some times found to contain Obscurities and Un- certainties, and that every thing human is subject to imperfection, and conclude modestly, with making the Application to the contro- verted Articles in the Decree, which, you contend, require Addi- tions and Explanations to be made to them by you to Reconcile them to common Justice & Honesty. Give me leave, here, Gentle- men, to ask you a few Questions. Were not learned Council em- ployed and fully instructed by the Agents aforesaid, on the part of the Assembly, to advocate the Supply Bill of 1759? Were not those Counsil twice fully heard before the Lords of Trade and the King and Councel antecedent to the Decree ? Did not the Agents understand the Force and Meaning of the Strong and expressive words of the second and third Articles, previous to their signing the Stipulation above mentioned 'i If they entertained a notion that they were ambiguous, why did they not then object to them when they might have had their doubts removed upon the Spot ? As your House is principally composed of the same Members now, as have been the Representatives of the People of this Province for many Years past, why were not the Objections lately made against those parts of the Dcicree pointed ovit and urged to Mr. Hamilton, as reasons for not coming into the measure, when he repeatedly sol- licited you to comply with the Stipulations of your Agents? A Controversy on those points, then, would have been productive of none of the fatal consequences which now threaten us, as other means than those of a Land Tax, were fallen on to raise Supplies, 176 MINUTES OF THE and the matter, long before this Time, would have been settled on the other side of the Water. On the Contrary, why have these Ob- jections been treasured up and kept in Reserve till this critical pe- riod, when we daily expect a renewal of the Incursions of the Sav- ages on our Frontiers, and our back Inhabitants must be left desti- tute and defenceless, an easy prey to their Enemies, without Sup- plies are raised for their Protection ? '* As to the Equity and Justice of the decree, I should think I justly subjected myself to the Charge of offering the highest affront to, and flying in the Face of that«Supream and august Judicatory who pronounced it, were I to enter into any Arguments with You in support of it. It will not, I presume, be denied, that the King, in Council, has alegal& constitutional power of judging, and finally determining the fate of all Laws passed by the Legislature here. They have exercised that Jurisdiction on a Bill of a similar Nature with that you lately presented to me, and have laid down certain Rules in their Decree, on which others ought to be found for the future. You will excuse me in saying that I cannot, reasonably, or with Decency, suppose that you were either ignorant of the Ileal merits of the Sub- ject they undertook to judge upon, or that they meant, or intended any thing more or less than they have been pleased, plainly to ex- press in their judgment. While that decree, therefore, remains un- reversed, I am, and shall always think myself indispensably bound, in Duty, not to vary from it, though it should, or should not, im- mediately Reliite to the Prerogative only. " In a former Message I alledged that I knew of no other certain rule of judging of the Intentions of another, than by the plain im- port of the Words made use of to convey them ; But, in your last Message you are pleased to tell me that you beg leave to point out to me another Rule, and you think a better, which is, that where Words are, by construction, capable of two opposite Meanings, the, one manifestly unjust and unequal, and the other perfectly consist-' ent with Justice and Equity, you conceive it a good Rule to judge that the intention is with the latter; Your manner of Reasoning in this Instance, I confess, appears to me as extraordinary as in most other parts of Your Message. The rule I laid down, is expressly confined to the case where the Words made use of are plaiu and clear; and in order to establish a better Rule in its stead, you shift the Question, and state a different Case, where the words are not plain, but ambiguous, and admit of a double Construction. " To close this disagreeable Subject, Gentlemen, I comfort myself with the Solid Reflection, that in order to forward His Majesty's Service, and to avoid further Debate respecting the meaning of the Decree, and facilitate the passage of a Bill so necessary for the se- curity of the Province, I have made you the only proposal in my Power, consistent with my duty to the Crown, namely, to insert in the Bill the very words of the Second & third Articles of the De- ji cree, and let the Assessors judge of the Sense of them in the first PROVINCIAL COUNCIL. 177 instance, Subject to tbe controul of the Provincial Commissioners of Appeals, if they do wrong. The Objections you were pleased to make to this were, that the Assessors of the different Counties might differ in their Modes of Taxation, or might be equally divided in their Opinion upon the Construction of the Words of the Decree, and 50 no Tax be laid at all ; or, even if the}' should act rightly, the Commissioners of Appeals might understand the words in a ■wrong Sense, and overthrow every right Assessment in the Provincet I shall only observe, that in support of your Cause, you are com- pelled to carry your Suppositions a great way, indeed, far beyond the Bounds of Probability or Reason, in a case which appears to me, as I have often said, plain beyond a doubt. " As to the abuse and Obloquy which you have taken the liberty, with so lavish a hand, to bestow on the Proprietaries in your last Message, and the Censures you have passed on ray Conduct (for no other Reason than that I have esteemed it my Duty to yield Obedience to the royal Decree) they are groundless and without any just Foundation ; therefore I shall pass them over with the silent Disregard they deserve. The Rules of good Breeding will always restrain me from retorting on you in the same way; And a Steady resolution to discharge the Station I have the Honour to fill with fidelity and Justice to the good people of this Province, will, I trust, never suffer any Affronts that may be offered me to influence my Administration, or interfere with the public Welfare. "I cannot conclude, Gentlemen, without once more recommend- ing it to you to considering, with that Temper and Moderation which is so essentially necessary to publick Councils, in what manner Sup- plies may be best raised, not only to answer the purposes for which they were demanded by General Gage at your last Meeting, but also to keep up a Sufficient Force to guard the Frontiers, and pay the large Arrears already due to the Troops who have been employed on that Service. "JOHN PENN. " May 17th, 1764." Friday, 18 May. The House sent up to the Governor for his Concurrence, by two Members, the Bill entituled "An Act for granting to his Majesty the sura of Fifty-five Thousand, and for striking the same in Bills of Credit in the manner hereinafter directed, and for proving a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & Taxables within this Province," which the Gor- crnor finding to be the same Bill to which he had refused his Assent during the last Session of Assembly, ordered the Secretary to return VOL. IX. — 12. 178 MINUTES OF THE it immediately, and acquaint the House that, having the same Ob- jections to it as before, he could not agree to pass it. At a Council held at Philad^- on Thursday, 24th May, 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c*- James Hamilton, Lynford Lardner, ^ ^ Richard Peters, Benjamin Chew, ^ ^ The Governor laid before the Board a Bill which the House of Assembly sent up on Friday last for his Honour's concurrence, en- titulcd "an Act for granting to His Majesty the Sum of Fifty-five thousand Pounds, and for striking the Same ib Bills of Credit iu the manner herein after directed, and for providing a Fund for sink- ing the said Bills of Cre lit by a Tax on all Estates, Real and per- gonal, and Taxables, within this Province," which being read and Considered, it appeared that the Assembly had omitted to comply with the Stipulations of their Agents, by not inserting in the Bill a Clause to amend and alter the Supply Bills of the years 1759 & 1760, go as to make them conformable to the Royal Decree. A Petition to the Governor from Richard Hockley and Edmund Physick, Esq"' was also read and is as follows: " To the Honourahle JOHN PENN, Enquire, Lieutenant Gov- ernor of the Province oj Penniea/^cr. " May 26th, 1764." PROVINCIAL COUNCIL. 183 And the Supply Bill being again taken into Consideration, it was found to contain a Clause, in effect, re-enacting the Supply Bill of the Year 1760, which the Grovernor could not think himself justi- fiable in doing, that Bill being liable to the Same Objections which were made by the King in Council, to the Bill of 1759. It was, therefore, the Opinion of the Council, that since the Assembly had absolutely refused to comply with the Stipulations of their Agents to amend the Act of the Year 1759, and his Majesty's Service, and the defence of the Province, required that Supplies be raised with- out delay, The Bill should be returned to the House, with a Mes- sage, desiring the House to strike out the esceptionable Clause, and acquainting them that he would, after that objection was removed, give his Assent to the Bill. Accordingly, the following Message was prepared, approved, and immediately Sent, with the Supply Bill, to the Assembly : A 3lessage from the Governor to the AssemUt/. " Gentlemen : " You must certainly have seen the necessity I was under, as the Supply Bill is at present framed, of pressing you to amend it, so as to make it conformable to the Decree of the King and Council, and your Agents' Stipulations on the Act of the Year 1759 By a Paragraph in the Fifty-ninfh and Sixtieth Pages of the Bill now bi;foro me, you have expressly re-enacted and extended the several Clauses of a Supply Bill passed by Mr. Hamilton in the Year 1760, before the above Decree was made. The Bill of the Year 1760, thus extended, has in it the very same Clauses of the Bill of 1759, which Avere disapproved of by the above Decree. By this means you are not content barely with re- fusing to comply with the Stipulations of your agents, but would oblige me, by assenting to the present Bill to re-enact the same matters which his Majesty condemned in the bill of the Year 1759, subjecting me to the disagreeable necessity either of passing a Law ia direct Violation & Contempt of the Judgment of our late Sovereign, or by refusing it to stop the Supplies, at this time so much wanted for the King's Service and the Defence of the Province. ''In order to remove this Ditficulty, I return you the Bill, and earnestly desire you will free it from this objection, by striking out the exceptionable Clause ; and if you will not amend the former Acts agreeable to the above mentioned Stipulations, at least let them stand on their own Bottom, without mentioning of them up on this occasion, after which I shall no longer withhold mv Assent from it. "JOHN PENN. " May 29th, 1764." 184 MINUTES OF THE Eodem Die, P. M. Two Members of Assembly waited on the Governor with a Sup- ply Bill and a Verbal Message from the House, acquainting His Honour that the House having freed the Bill from the Objections made to it in the Governor's Message of this Morning, desired His Honour would be pleased to appoint a time for passing it into a Law; To which he answered that he would examine the Bill, and if he found the exceptionable Clause left out, he would be ready to pass it to-morrow Morning at ten o'Clock. "Wednesday, 30 May, 10 o'Clock, A. M. The Governor returned the Supply Bill to the House by the Se- cretary, with a Verbal Message that he assented to it, and required the attendance of the House immediately in the Council Chamber, in order to enact the same into a Law. The House accordingly attended, and the Speaker presented to the Governor the Bill enti- tuled "An Act for granting to His Majesty the sum of Fifty-five thousand Pounds, and for striking the same in Bills of Credit iu the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal and Taxables within this Province," which his Honour passed, and signed a Warrant for affixing the Great Seal thereto, which was done, and the Law deposited in the Rolls Office. Eodem die, P. M. The Governor having agreed to a Bill sent him by the House for his Concurrence, entituled *An Act for regulating the Officers and Soldiers in the pay of this Province,' and for continuing An Act entituled 'An Act for Regulating the Hire of Carriages to be em- ployed in his Majesty's Service,' Required the attendance of the House in the Council Chamber, that he might pass the Same. The House immediately attending, the Speaker presented the said Bill to the Governor, which was enacted into a Law, Sealed, & lodged in the Rolls Office. In the Evening, two Members waited on the Governor, and acquainted him that the House intended to adjourn to the 10th of Septem'' next, and then delivered him a Message from the Assembly in the following words, viz'' : PROVINCIAL COUNCIL. 185 Ji Message to the Governor from the Assembly. " May it please your Honour: "The professed intention of your Honour's Message of the Seventeenth Instant, being to vindicate the Character ©f the Proprietaries, and give a fairer State of the Dispute between us? than we had done, it would have Pleased us could either of those Purposes have been executed; We apprehend your Honour has failed in both. " The long Recapitulation of what passed at the Council Board in 17G0, and from thence to the present time, answers no end, as we conceive, but to insinuate that we have been contending against a Determination of the King in Council, while the Fact really is otherwise, we having made the late Bill conformable in our Opinion to every Article of that Determination. And the Dispute between us Relates merely to the meaning of one of those Article.*;, which we understand to intend an equal Taxation of the Proprietaries' Lands with those of the people, and which your Honour will have to mean a partial and unequal Taxation in the Proprietaries' favour. And as you thought the words alone of that Article would best bear the unjust meaning you were pleased to put on them, you contended against our using any others with them that might explain them in an equitable Sense. This was our sole Dispute, and though we think it extreamly inconvenient and improper to use in an Act words of whose meaning the two Branches of the Legislature have pre- viously declared that they have such different and contrary Con- ceptions, yet rather than His Majesty's service should be longer obstructed, we have given up the point, and in a new bill inserted the very words, confiding that the sense of natural Justice in the As- sessors and Commissioners who are to execute the Act, will deter- mine them to do what is right. Thus the matter might have rested, but as your Honour, with a view of placing our Conduct in an unfa- vourable Light, is pleased to ask us a number of Questions we are obliged to give them answers, which though short, we hope will be clear and satisfactory. " Were not learned Counsel," you ask, '* employed and fully instructed by the Agents on the part of the Assembly to advocate the Supply Bill of the Year 1759 ?" We answer Yes. " Were not those Counsel twice fully heard, both before the Lords of Trade and a Committee of the Council? Did not the Agents understand the Force and Meaning of the Sec- ond and Third Articles previous to their signing the Stipulation ?" Undoubtedly; and as we have no dispute about the Meaning of the Third, we scarce know why it is mentioned. " If they entertained a notion that they were ambiguous, why did they not then object to them when they might have had their doubts removed upon the Spot?" It seems they entertained no such notion, nor had any Doubts to be removed. It appears by the pleadings of the Pro- prietaries' Counsel, of which we have a Copy taken first in short hand, that they there made no such Claim of a partial and unequal 186 MINUTES OP THE Taxation of their located uncultivated Lands, as is now made for them. They only pretended fears that the people would Tax them unequally, and desired no more than that such provision should be made as might secure for them an equal Taxation. The doubts you raenticdiod, if there are any, have arisen in Pennsylvania. ^ ''Your Honour makes it a Crime in us to suppose any Ambiguity or Obscurity in the words of a Report of a Com- mittee of Council, though that Supposition arose merely on the Ob- servation of your differing so widely from us in the Construction of them. This was our remark : "We may both be separately clear in our Conceptions of their Meaning, but our differing so widely in those Conceptions, seems to indicate, at least, some Ambiguity or Obscurity in the Terms." If your Honour had not differed from us in the Meaning of these Words in the Report, there would have been no Doubts about it, for we made none. And our Observation, that Laws, composed by the wisest men, are sometimes found to contain obscurities and Uncertainties, which those who are to exe- cute them find difficult to clear and settle; And that when any words of such Laws are capable of two Meanings, one unjust and unequal, & the other consistent with Justice and Equity, we con- ceived it a good Rule to judge that the intention is with the latter, arose, Originally, upon your differing with us in that Construction; But this you candidly call a "contending that the controverted Ar- ticles of the Decree required Additions and Pjxplanations to be made to them by us, to reconcile them to common Justice and Hon- esty." For our parts, we cannot yet perceive anything indecent or "immodest" in our observation, that Laws made by the wisest Bo- dies of Men (by Kings, Lords, and Commons, for Instance), do sometimes contain Obscurities and Uncertainties. Subsequent Laws, frequently made by the same August Legislators, to explain the preceding, arc Proofs of it. We, therefore, added justlj'^, that it was no reflection on such Bodies to say this ; But as your Honour purposed to make us appear guilty of a Reflection on them, you thought fit to mutilate the Sentence in your Quotation of it from our Message, and leave those words intirely out. But to return to Your Honour's Questions, " Why were not the objections lately made against those parts of the Decree pointed out, and urged to Mr. Hamilton as Reasons for not coming into the Measure, when he repeatedly Solicited you to comply with the Stipulations of your Agents?" Answer, the Objections in Question are against an unjust Construction that, in our Opinion, Your Honour put on Certain Words, which being used in the Stipulations of the Agents, you contended should be inserted without explanation in the Bill. As this construction was never put ou those Words by Governor Hamilton, we could not point out and urge to him those Objections against it. " Why have these Objections been trea- sured up and kept in Reserve till this critical Period." Oiijections not in being, could not be treasured up, and Objections of no kind PROVINCIAL COUNCIL. 187 can exist previous to a Supposition of the Thing objected to. Your Honour will please to reflect that your Construction, which these Objections relate to, was as new and strange as it is unjust and unequal, and so glaringly unjust and unequal, that you was your- self unwilling to own it, and could not, till after three Messages, urging an Explanation from you, prevail with yourself openly to avow it. *' You are pleased to add, as to the Equity and Justice of the Decree I should think I justly subjected myself to the Charge of oifering the highest afi"ront to, and flying in the Face of that Su- preme and august Judicatory who pronounced it, were I to enter into any Arguments with you in Support of it." Will your Honour give us leave once more to put you in mind, that it is not the Equity and Justice of a Decree that we are disputing, but your une- qual and unjust Construction of it, viz'- : that the best and most valuable of the Proprietaries Lands shall be taxed no higher than the worst of the People. Your total Inability of supporting this Construction by the least Colour of Argument, or Reason, is what you would fain conceal under that extravagant Pretence of Respect to the Judicatory who you say pronounced it. Could you by any Arguments have shewn the Equity and Justice of such a Taxation, we should not now have heard for the first time this extraordinary Position, that demonstrating the Equity and Justice of a Decree would be flyiog in the Face of Authority. Wise, learned and pious Men, have in all ages thought themselves well employed in convinc- ing Mankind of the reasonableness, Equity and Justice of Laws, human and divine, and never once dreamt that by so doing they were offering '' the highest afi"ront to, and flying in the Face of the Supreme and august Judicatories who pronounced them." " Your Honour charges us with bestowing much abuse on the Proprietaries; Stating plain public Facts, where necessary, we do not conceive to be abuse, though done in plain Terms ; But the misrepresenting a loyal and dutiful People to their Sovereign, as the Proprietaries, to cloak their own Avarice, have done the people of this Province for many Years past is, in our Opinion, Abuse, though it were delivered in the politest Language ; It was in this part of your Honour's Message that we expected that vindication of the Proprietaries which in the first Paragraph seemed to be pro- posed ; But now you chuse to pass all over with a ' silent disre- gard,' reflecting probably on the Maxim you had before advanced, that ' Facts are Stubborn Things,' and despairing, it seems, by any 'Colouring' to ' disguise the truth.' " Your Honour's ' resolution to discharge the Station you fill with Fidelity and Justice to the good people of this Province.' is highly laudable, but may we be permitted to ask a Question or two in our Turn : Is it consistent with Justice to the good People of this Province, to insist on taxing the best and-mpst valuable of the Proprietarie's Lands no higher than the worst and least valuable of 188 MINUTES OF THE the Peoples' Lands in a common Tax, to be levied for the defence of the whole? And farther, when the Requisition was made to your Honour by the General of raising a number of Men for His Majesty's Service in your Province, were not the three Lower Counties understood to be included ? Your Honour has since met and exchanged Compliments with the Assembly of those Coun- ties, without making (as far as we have heard) the least Demand of them ; Is it ' Justice to the good People of this Province/ to saddle them with all the Expence of defending that Government with all the Proprietary property contained in it, and not call upon it for the least Assistance, while we are and shall so long be loaded with the heavy debt the Wars have occasioned ? The Troops raised here will perhaps all be marched to the Westward in His Majesty's Service ; In which case, at least, we cannot but think it reasonable to have expected a Proportion of Forces from that Government, to assist in the Protection of our Frontier. " Your Honour's Message concludes with recommending to us (as if we had hitherto neglected it) the raising Supplies for the King's Service, the Defence of the Frontiers, and discharge of the Publick Debt, Which obliges us to remark, that within a few Months we have sent up to your Honour three Bills for those Pur- poses, two of which have been rejected because they required a fair and equal Taxation of the Proprietary with other Estates, for their common Defence. And we may add, that in our Zeal for the Pub- lic Service, we have departed from the ancient forms of Parliamen- tary Proceeding, & waved very important Rights, which, under a more equitable Government we should not have been constrained to, and such a Government we now hope is not far distant, and that an End will thereby be put to these disagreeable and mischievous Pro- prietary contentions, and the People of this much injured Province restored to their Privileges, which they have long been deprived of; Proprietary Will and Pleasure, expressed in their Instructions, being now our only Law, which, through publick necessities and the distresses of War, we have been and are compelled to obey. " Signed b}' Order of the House. " BENJAMIN FRANKLIN, Speaker. " May 30th, 1764." At a Council held at Philadelphia, on Friday, the 6th July, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Thomas Cadwalader, Richard Penn, Esquires. The Governor proposed to the Provincial Commissioners, at a Meeting of that Board, the 12 June, 1764, that in order to prose- PROVINCIAL COUNCIL. 189 cute the Indian War with the more vigour, and to spirit up the People to pursue and harrass the Savage? in their own Country, it would be very necessary at this time to offer great rewards, by Pro- clamation, for all Indian Enemy Prisoners & Scalps that shall be taken within this Province, & further acquainted the Commissioners that he had, on the 9 June, wrote to Sir William Johnson, to desire his Opinion & Advice as to that Measure, and whether it would in any manner interfere with the Indian Affairs under his Direction. Whereupon it was agreed by that Board that the several follow- ing Premiums be offered by Proclamation for the Prisoners and scalps of the Enemy Indians that shall be taken or killed within the Bounds of this Province, as limited by the Royal Charter, or in pursuit from within the s-iid Bounds, viz'- : For every Male Indian Enemy above ten Years old taken Prisoner and delivered to the Officer of any Fort garrisoned by the Troops in the pay of this Province, or to the keeper of the common Gaol of any County Town within this Grovernment, One hundred and fifty Spanish Dollars. For every Female Indian Enemy, and for every Male Indian of 10 Years old and under, taken & dfelivered as afores''" 130 Spanish pieces of Eight. For the Scalp of every Male Indian Enemy above the age of 10 Years produced as evidence of their being killed, 134 pieces of Eight. And for the Scalp of every female Indian Enemy above the Age of 10 Years produced as Evidence as afores ' 50 pieces of Eight. And that there shall be paid to every Officer or Officers, Soldier or Soldiers, in the pay of this Province, one-half of the above re- wards. And that the Six Nations, or any other Indians in Amity with the Crown of Great Britain, be excepted out of the said Proclama- tion, But that before the said Proclamation be made publick, the advice and sentiments of Sir W""' Johnson be had respecting this measure, & how far it may interfere with the Designs of his Majesty communicated to him on Indian Affairs. The Governor having received an Answer to his Letter above mentioned from Sir William Johnson, approving of his design of giving rewards for Indian Scalps, laid the same before the Board, which was read and is as follows : " BuRNETS-FiELD, June 18th, 1764. i "Sir: " I have just received your favour of the 9th Inst., on my way to Niagara, which deprives me of the pleasure of writing to you as fully as I would. <' I am heartily sorry for the losses sustained about Fort Loudon, and on the Frontiers of Virginia, all which will, I hope, be shortly pat a stop to. In the mean time, I cannot but approve of your 190 MINUTES OF THE gratifying the desire of the people in your Province, by a bounty on Scalps, and I heartily wish success to the design, & to guard ag much as in my power against the ill consequence of their killing any of the Friend Indians. I shall make them all acquainted there- with, & caution them by no means to appear on your Frontiers till affairs are settled. " David Owens was a Corporal in Capt"- M'Clean's Comp''' and lay once in Garrison at my house. He deserted several times, as I am informed, & went to live among the Delawares & Shawanese, with whose Language he was acquainted, His Father having been long a Trader amongst them. '' The Circumstances relating to his leaving the Indians have been told me by several Indians. That he went out a hunting with his In- dian Wife and several of her relations, most of whom, with his Wife, he killed and scalped as they slept. As he was always much attached to Indians, I fancy he began to fear he was unsafe amongst them, and killed them, rather to make his peace with the English, than from any dislike either to them or their Principles. <'I hope to be at Niagara within 10 or 12 days, when I shall do every thing in my power for obtkining an advantageous peace with the Indians, who desire it for the benefit of the Colonies. Tho' the slender efforts hitherto made use of, and our great backwardness, will increase the confidence of the Indians to such a Pitch as must in a little time occasion another Rupture, unless by friendship and favours we secure them in our Interest. " I am with great esteem. Sir, " Your most obedient humble Servant, '' W- JOHNSON. " The Hon""- Lieuten*- Gov'- Penn." In consequence thereof, a Draught of a Proclamation having been prepared, was read and considered and approved, and ordered to be got in readiness for the press to-Morrow, that a number of Copies may be printed off and distributed thro' the Province, and also pub- lished in the next Week's Gazette & Journal. Saturday, 7 th July. The following Proclamation, approved in Council yesterday, waa this day signed by the Governor, had the Great Seal affixed thereto, &, was sent to the press, viz'-: " J5y the Ilonourahle JOHN PENN, Esquire, Lieutenant Gov- ernoiand Commander-in-Chief of the Province of Pennsylvaniay and Counties of Newcastle, Kent, and Sussex, on Delaware. "A PROCLAMATION. Whereas, the Delaware and Shawanese Tribes of Indians and others in Confederacy with them, have, without the least provoca- PROVINCIAL COUNCIL. 191 tion, and contrary to their late most solemn Treaties, ungratefully renewed War #ipon this Province, and in a most Savage, cruel, & perfidious manner, killed and butchered great numbers of the Inha- bitants, burnt and destroyed their Habitations, and laid waste the Country ; I have, therefore, thought fit, by and with the advice of the Council, to issue this Proclamation, and do hereby declare the said Delaware and Shawanese Indians, & all others, who, in Con- junction with them, have committed Hostilities against his Majesty's Subjects within this Province, to be Enemies, Rebels, and Traitors to his Most sacred Majesty; And I do hereby require all his Ma- jesty's Subjects of this Province, and earnestly invite those of the neighbouring Provinces, to embrace all opportunities of pursuing, taking, killing, & destroying the said Delaware and Shawanese In- dians, and all others concerned in committing Hostilities, Incur- sions, Murders, or Ravages, upon this Province; Jind Whereas, the Six united Nations of Indians, viz'': 'i'he Mohickons, Oneidas, On- ondagoes, Cayugas, Senecas, and Tuscaroras, have been, for the most part, in constant Amity with the Crown of Great Britain, and are now actually engaged with Sir William Johnson, his Majesty's Superintendant for Indian Affairs, in renewing and firmly estab- lishing the peace and Friendship subsisting between them and the several Colonics; And Whereas, sundry of the Delaware, Nanti- coke, & other Indians, professing a Regard and Friendship for all his Majesty's Subjects, have removed within the Inhabited parts of the Country, and put themselves under the protection of this Grov- ernment, and now live in the Barracks of this City, under a Guard of his Majesty's regular Troops, I do, therefore, declare that the several Tribes of the Six united Nations, as well as those Indians so as aforesaid, living under the Protection of this Government, and all others who shall join &; act with us in the prosecution of this just & necessary War, are expressly excepted and excluded out of this Declaration ; And I do hereby, strictly forbid any of his Majesty's Subjects within this Province, to do them the least in- jury, or give them any molestation whatsoever, as they will an- swer the same at their Peril ; Jind Whereas, it is necessary for the better carrying on Offensive Operations against our In- dian Enemies, and bi'inging the unhappy war with them to a speedy issue, that the greatest Encouragements should be given to all his Majesty's Subjects to exert and use their utmost Endeavours to pursue, attack, take, and destroy our said Enemy Indians, I do hereby declare and promise, that there shall be paid out of the Monies lately granted for his Majesty's use, to all and every Person and persons not in the pay of this Province, the following several and respective premiums and Bounties for the prisoners and Scalps of the Enemy Indians that shall be taken or killed within the Bounds of this Province, as limited by the Royal Charter, or in pursuit from within the said Bounds, that is to say : For every 31ale Indian Enemy above ten Years old^ who shall be taken Prisoner, 192 MINUTES OF THE and delivered at any Forts garrisoned by the Troops in the pay of this Province, or at any of the County Towns, to th% Keeper of the Common Gaols there, the sum of One hundred & jifdj Spanish Dollars, or pieces of Eight ; For every Female Indian Enemy taken Prisoner, & brought in as aforesaid, and for every Male In- dian Enemy of ten years old, or under, taken Prisoner, and deliv- ered as aforesaid, the sum of One hundred and thirty pieces of Eight ; For the Scalp of every Male Indian Enemy above the age of ten years, produced as Evidence of their being killed, the sum of One hundred and tldrijj-four pieces of Eight; and for the Scalp of every Female Indian Enemy above the age of ten Years, produced as Evidence of their being killed, the sum of Fifty pieces of Eight; And that there shall be paid to every Officer or Officers, Soldier or Soldiers, as are or shall be in the pay of this Province, who shall take, bring in, and produce any Indian Enemy Prisoner, or Scalp, as aforesaid, one-half of the said several and respective Premiums & Bounties. " Given under my hand and the Great Seal of the said Province, At Philadelphia, the Seventh day of July, in the fourth Year of his Majesty's Reign, & in the Year of our Lord one thousand seven hundred and Sixty-four. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, Jun'- Secretary. '' GOD SAVE THE KING." Esq" At a Council held at Philadelphia, on Thursday, the 23rd Aug*- - 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca. William Logan, Benjamin Chew, Lynford Lardner, Thomas Cadwallader, The Governor laid before the Board a Record of Conviction of Thomas Fowler for Burglary, at a Court of Oyer and Terminer and General Gaol Delivery held at Reading, for the County of Berks, on Tuesday, the 14th of this Instant August, before Alex' Stedman, James Read, and Jonas Seely, Esquires, Justices of the said Court, assigned by a special Commission ; And it appeared by the said Record that the said Thomas Fowler was legally tried and convicted of Felony and Burglary, committed in the House of Sarah Drury, in the said Town of Reading, the 24 day of February last, and had received Sentence of Death for the same. The Board taking this matter into Consideration, and finding that Mr. Stedman, one of the Justices; had reported to the Governor that he believed the said PROVINCTAL COUNCIL. 193 Fowler to be a great Villain, and that not a single Circumstance appeared in his favour on his Trial, were of opinion that the sentence of the Court should be executed. The Governor accordingly signed a Warrant under the Lesser Seal of this Province, for his Execution on Friday, the 7th day of September next. Tuesday, 11th September, 1764. A. M. Two Members of Assembly waited on the Governor, and ac- quainted him that the House were met pursuant to Adjournment, and desired to know if his Honour had any Business to lay before them, to which he made answer that he had nothing to recommend at present, and whenever he had he should communicate the same to the House by the Secretary. Friday, 14th September, A. M. The Governor laid before the Assembly by the Secretary for their perusal, a Letter from Col"- Bradstreet, dated at Presque Isle, the 14 August, 1764, inclosing a Copy of the Terms of Peace, which be had granted to the Western Indians living between Lake Erie & the Ohio. The said Letter and Copy of Peace are as follow, as also a Letter from Col. Bouquet, dated at Fort Loudon, 27 Aug'- 1764, which accompanied them. wJ Letter from Col. Bradstreet to the Governor. " Presque Isle, 14th August, 1764. " Sir : % " As it may be agreeable to you and the People under your Gov- vernment, to know as soon as possible of the peace concluded with all the Nations of Indians, that have done you so much damage, I have inclosed you a Copy of what has passed upon the Occasion. " I am, Sir, " Your most humble servant, «JOHN BRADSTREET. "P. S. Perhaps, under the present Circumstances of the Troops act- ing from your Quarter, and the advanced Season, it may be agreeable to the Southern Governments to have early information of this af- fair, in which you will be pleased to act as may be most agreeable to you. "The Hon. Governor Penn." VOL. IX. — 13. 194 MINUTES OF THE " Three o'clock in the afternoon, August 12th, 1764. " Lake Erie Camp, at 1' Anie aux Feuilles, " At the request of ten Savages who arrived this Morning, say- ing they were sent by the Hurons of Sandusky, the Shawanese, the Delawares, what they call the Five Nations, inhabiting the Scioto Plains, the Banks of the Ohio. Presque Isle, &ca., &;ca., I received from them the following Speeches : " First. A long Compliment, with a String of Wampum. " Secondly. A String of Wampum, begging leave to speak & be heard. "Thirdly. We ask in the name of the whole of the above Na- tions, where this Army is going, and what are your intentions ? " That on receiving certain Intelligence that you were coming against us with an Army, we immediately called in all our Warriors who were out against your Frontiers, and determined to meet you on this Lake, and beg for Mercy, & forgiveness and Peace, which we now do, in the name of and by the Order of the Na- tions above mentioned, the whole being truly sensible of their past Folly and unjust Behaviour to the English, without Cause." A String of Wampum. " Colonel Bradstreei's Answers to the above. " ' First. I thank you for your Compliment. " ' Secondly. You may have leave to speak openly and freely. " ' Thirdly. The reason for marching the Array this way to revenge the Insults and Injuries done to the English, on those Savages who have not asked forgiveness, & given Sureties for their future good Behaviour. '' ' You have done well in calling \fi all your Warriors, begging Peace, and truly repenting of your late^- insolence and bad conduct towards the English, without any ppovocation whatsoever, and I am surprised to find you begging peace and forgiveness, so soon after writing such an impertinent Letter as that you sent by Smalhium to Pittsburg, Detroit, &ca.; notwithstanding which, since you implore Forgiveness and x\Iercy, I will on the following Terms grant Peace unto you, provided you are fully impowered from the Nations above mentioned, and that the ('hiefs will ratify it as soon as possible, and that you name the Chiefs.' "Answer : " ' We are fully impowered to conclude and sign a Peace, if we can obtain it. The Chiefs of the above Nations will ratify it, & their names are as followeth, viz* : " ' For the Shawanese — Scobalectic, the great War Chief. PROVINCIAL COUNCIL. 195 "'Delawares — The whole of the Chiefs. '"Sandusky Hurons — Sastaregi, Chief of the Warriors. "'And themselves of the Five Nations of the Scioto Plains, (^ca., &ca., viz' : Cuyashota, Decencytaryectoo, Tisneunockshoree, Aley- vauneta, and Anarunqua.' " Terms on which Peace is granted : "'First. All Prisoners shall be delivered up at Sandusky di- rectly — Enlish, French, and Blacks, without reserve or excuse of being married, or any otherwise connected with you ; & should there be any unwilling to leave you, they must be obliged to come. "'Secondly. All the Chiefs above mentioned shall come with their Prisoners and ratify the Peace I shall now grant. '"Thirdly. Six of the Principal Men of the Deputation, now here, must remain as Hostages for the true Performance of the En- gagements they hereby enter into ; and in consideration of my not marching, immediately on my landing, against their Castles, as I at first intended; and the other four, with one of my Officers and an Indian belonging to this Army, must proceed with the utmost dis- patch to acquaint the Chiefs of the peace granted, and what is expected from them, as I am determined not to lose time, or suffer myself to be imposed on. " ' Fourthly. That this Peace may last forever, the Nations above mentioned must entirely relinquish their claims to the Forts and Posts the English now have in their Country; and that the English shall be at liberty to build &. erect as many Forts or Trading Houses as they may find necessary for carrying on Trade betwixt them and the Savages without Interruption, and they shall grant as much Land round the Forts as a Cannon can throw a shot over, for the raising a proper supply of Provisions for the use of the Garrison and 'J'raders, which Lands they are to renounce and look on as the property of the English for ever. " ' Fifthly. That I shall be at liberty to send in safety from this Army to your Castles, Six English, six Canadians, and six Indians, to see that you bring away all the Prisoners that you have, which Prisoners you are to furnish with Horses and Provisions during their Journey, and treat them with all the tenderness and kindness you can shew ; and that I may, for the Security of the People I send, have with me an equal number of Indians of your Nations, till the return of the above six English, six Canadians, & Six In- dians. " ' Sixthly. That if hereafter it should happen that any person belonging to the above nations shall kill or plunder any of the English, the person or persons so offending, shall be immediately given up and delivered at Fort Pitt, there to be tried for the Of- fence committed, agreeable to the Laws and Customs of the En- glish, with this Difference only, that one-half of the Jury shall be Indians of the same Nation as the Offender.' 196 . MINUTES OF THE " ' ScTenthly, You cannot be ignorant of an Army's Kjsrehing; against the above nations by the Ohio ; but in coBsideration of your truly repenting of your late bad conduct towards the English, and the Engagements you hereby enter into, and the Promises you also make of your future good Behaviour, I shall send and prevent their proceeding against you ; but be assured, should you ever be guilty of the like bad Behaviour again, you sball be cut off frona the Face of the Earth.' " 'Eighthly. If any of the Nations or Tribes herein mentioned^ should separately violate this Peace and disturb the publick Tran- quility, the others shall consider themselves as bound to Eaake War on them separately or jointly with the English and their Allies, till they have brought them to reason, as also against any Indians, Enemies to the English, and the English will assist thsm against their Enemies.' " ' Ninthly. To avoid being imposed on by Delays m ratifying this peace, & so lose the Season for acting against the above Indians, I do allow twenty-five days from the date hereof, for the arrival of the Chiefs of the above Nations, with all their Prisoners at San- dusky, and should they fail herein, what has been done I shall look on as void, and they may expect to find ua Warriora instead of Brothers and Friends.' " * By the power invested in me by His Excellency Major Gene- ral Gage, Commander-in-Chief of all His Majesty's Forces in North America, &;ca., these are the Terms of Peace I grant to the Nations heretofore mentioned ; that is to say, to the Sbawanese, Delawares, the Hurons of Sandusky, the five Nations of Scioto, the Ohio and Presque Isle.' " ' Given under my hand & Seal, at the place and on the date above mentioned.' "'JOHN BRAPSTREET.' " From the power we have received from the Chief of the Dela- wares, the Sbawanese, the Hurons of Sandusky, the Five Nations of the Indians inhabiting the Plains on Scioto, the Banks of the Ohio, Presque Isle, &ca , &ca. " We do in the name of the above Nations, together v?ith our- selves, most gratefully accept the Terms above mentioned & granted, and we do, also, most solemnly bind ourselves & them to the true performance of each article in every respect. " Signed after the manner of the Indians, with the Representa' tion of a Turtle, a Fox, and Wolf, with two Crosses. " This Peace being agreed on, the Siz Nations and Indians of Canada got up and took the Deputies by the hand, saying they were glad to see they were come to their senses, and hoped they would continue so, if they did not, on the first Breach of this PROVINCIAL COUNCIL. 197 Peace, whicli they were witnesses to their concluding, they would immediately make War against them. " A true Copy. "THOMAS Islk^T, Aidrde- Campy A Letter from Colonel Bouquet to the Governor. '' Fort Loudon, 27th August, 1764. *^ Sir : " I hav3 the Honour to transmit to you a Letter from Colonel Bradstreet, who acquaints me that he has granted Peace to all the Indians living between Lake Erie & the Ohio, but as no Satisfactiou is insisted on, I hope the General will not confirm it, and that I shall not be a witness to a Transaction which would fix an indelible •Stain upon the Nation. " I, therefore, take no notice of that pretended Peace, & proceed forthwith on the Expedition, fully determined to treat as Enemies any Delawares or Shawanese I shall find in my way, till I receive contrary Orders from the General. " I have the Honour to be, with great respect, '' Sir, Your most Obed'- & most h'ble Servant, "HENKY BOUQUET. " Governor Penn." Wednesday, Sept'- 19th, 1764. MEMORANDUM. Mr. Allen and Mr. Rhoads, a Committee of the House, waited on the Governor and presented to him a Bill, entituled a " Supplement to an Act entituled ' An Act for granting to His Majesty the Sum of £24,000 for the Defence and Protection of this Province and for other purposes therein mentioned," ' for his Consideration and Concurrence, The Governor told the said Committee that he would consider the said Bill, and let the House know his result thereon. The same Gentlemen informed the Governor that the House were preparing a Bill for erecting a Light House at the Mouth of Delaware Bay, in which it would be necessary to appoint an Officer to collect certain Duties on Ships and Vessels, intended to be im- posed by the said Bill, to defray part of the Expence of erecting and supporting the said Light House, and that the House had ap- pointed them a Committee to confer with the Governor about a proper Person to fill the said office. Whereupon the Governor en- tered into a Conference with the said Committee on the occasion, & Thomas Coombe being proposed for the said Office of Collector, the Governor agreed that His name should be inserted in the said Bill accordingly. 198 MINUTES OF THE Saturday the 22nd September, 1764. The Members of Council were summoned to meet the Governor in Council this Morning at 10 o'Clock, aud Benjamin Chew, Es- quire, alone attending, the Governor with him read and examined two Bills sent up by the Assembly for his Honour's Concurrence entituled as follows, vizt : " A Supplement to the Act entituled ' An Act for granting to his Majesty the Sum of £24,000 for the defence and Protection of this Province, and for other purposes therein mentioned." ' "A Supplement to the Act entituled ' An Act for erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape Henlopen, for placing and fixing Buoys in the said Bay and E.ivcr Delaware, & for appointing Commissioners to Receive, collect and recover certain Sums of Money heretofore raised by way of Lottery, & to appropriate the same to the purposes aforesaid." ' The Governor, having agreed to the former Bill, and finding that the Person appointed to the Office of Collector in the latter, is the same whom he agreed on with the Committee of Assembly, the 19th Inst., had no objection to it, and directed the Secretary to re- turn the said Bills to the House, acquainting them that he gave his assent thereto, and would be ready to pass them into Laws whenever the House should present them for that purpose. This being accordingly done, two Members waited on the Gover- nor with a Message from the House, desiring to know if his Hon- our would be pleased to pass the two Bills this forenoon. The Gov- ernoi answered that he should go immediately to the State House for that purpose. His Honour, being in the Council Chamber, ac- quainted the House, by the Secretary, that he required their atten- dance there. They accordingly attended, and the Speaker presented the Bills before mentioned to the Governor, who enacted them into Laws, and signed a Warrant for affixing the Great Seal to them, which being done, the two Laws were deposited in the Bolls Of- fice. Eodem die, 9 o'Clock, P. M., The Assembly broke up. At a Council held at Philadelphia on Thursday, 4th October, 1704. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Chew, Lynford Lardner, } -p ,^ Eichard Penn, 5 ^^^ The Governor laid before the Board the returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, North- PROVINCIAL COUNCIL. 199 ampton, Berks, and New the following Persons wer accordingly, viz'- : William Parr, Caleb Cash, Philip Ford, Davis Bevan, John Gregg, John Addis, Peter Kechlein, David Berringer, Jacob Weaver, Samuel Weiser, Thomas Duff, William Stewart, Castle, which being read and considered, e appointed, & Commissions were filled up Sheriff, Coroner Sheriff, Coroner Sheriff, Coroner i Philadelphia County, I Chester d"- I Bucks d"- ^'^''^' 1 Northampton d- Coroner, j ^ ^^^"ff' I Berks d- Coroner, 3 f'''^' i New Castle Coroner, 5 d°- 5th October, 1764. The returns of sheriffs and Coroners for tlie Counties of Lancas- ter & York, being this Day made to the Governor, the following Persons were appointed and Commissionated, viz'' : John Barr, Sheriff, ) t x * ,r ^, . 01 1 n (- Lancaster county. Mathias Slough, Coroner, 3 Robert M'Pherson, Sheriff, ^ y i jo. John Adlum, Coroner, 6th October, 1764. The Governor having this Day received the Returns of Sheriffs ^ Coroners for the Counties of Kent and Sussex, appointed and Commissionated the following Persons, viz'- : Thomas Collins, Sheriff, > Mathew Manlove, ('oroncr, 5 Daniel Nunez, Jun'-' Sheriff, ? Henry Davis, Coroner, 5 Kent County. Sussex d"- 9th October. The return of Sheriffs and Coroners being now made for the County of Cumberland, the Governor appointed & Commissionated Ezekiel Dunning, Sheriff, & William M'Coskry, Coroner, for the said County. 200 MliSUTES OF THE In the Council Chamber, Tuesday 16th October, 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor^ &ca. Benjamin Chew, Esq'- Eight Members of Assembly waited on the Governor last Night, and acquainted him that pursuant to the Charter and Laws of this Province, a Quorum of the Representatives being met, had proceeded to chuse their Speaker, & desired to know when he would be pleased to receive the House, that they might present him for His Honour's Approbation, & the Governor having appointed this day at 12 o' Clock for that purpose, acquainted the House by the Secretary that he waited in the Council Chamber in order to receive them with their Speaker. The whole House accordingly attended and presented Isaac Norris, Esq'' as their Speaker, whom the Gov- ernor was pleased to approve of; And then the Speaker, in the name & behalf of the House, claimed the usual Privileges, viz'- : 1st. That the better to discharge the Business of the Public, they may at all seasonable times have free access to the Gov- ernor. 2d. That their Persons may be protected from all arrests and In- sults, during the time of Privilege accustomed. 3d. That it would please the Governor to take no notice of any Report that may be made, touching any matter or thing that may be moved or debated iu the House, until the same shall have passed into Resolves, nor give the least Credit to such Report. 4th. That his own (the Speaker's) unwilling mistakes may be excused, & not imputed to the House. These being requested by the Speaker as the rights & privileges of the Freemen of Pennsylvania, derived and confirmed to them by the Charter & Laws of the Province, The Governor was pleased to answer, that he should always be careful to protect the House in all their just Rights & privileges. The 17th Day of October, 1764. MEMORANDUM. The Governor being acquainted that the Courts of Quarter Ses- sions & Common Pleas for the County of Cumberland, were to be held at Carlisle, on Tuesday, the 23d ins*- ; and for the County of York, on Tuesday, the 30th instant; His Honour this day issued two General Commissions of the Peace under the Great Seal, one appointing the following Gentlemen Justices of the Peace and of the County Court of Common Pleas of and for the County of Cum- berland, viz'- : PROVINCIAL COUNCIL. 201 James Hamilton, William Till, Benjamin Shoemaker, Lawrence Growden, Joseph Turner, William Logan, Richard Peters, Lynford Lardner, Benjamin Chew, Thomas Cadwalader, Richard Penn, John Armstrong, Ja*" Galbreath, John Byards, Williams Smith, John McKnight, James Carithers, Hermanns Alricks, Adam Hoops, Francis Campbell John Reynolds, ► Esq"' Members of the Proprietary and Governor's Council. Jonathan Hogg, Rob'- Miller, William Lyon, Rob'- Callender, Andrew Calhoon, Ja'* Maxwell, Sam. Perry, John Holmes. John Allison. And the other Commission appointing the following Gentlemen Justices of the Peace and of the County Court of Common Pleas of and for the County of York, viz'-: The Members of the Proprietary and Governor's Council as be- fore ; and John Blackburn, David Jameson, Martin Eikelberger, Archibald McGrew, Samuel Johnston, Samuel Edie, Mathew Dill, Mich*- Swoope, James Welch, Robert McPherson, John Smith, Henry Sleigel, Thomas Minshall, Conyngham Sample, William Dunlap, Joseph Button. New Castle, Monday 22d October, 1764, A. M. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov'-' &ca. Benjamin Chew, Richard Penn, Esq"- " Three Members of Assembly of the Government of the Lower Counties, waited on the Governor with a Message from the House, 202 MINUTES OF THE that they had met pursuant to the Charter and Laws of the Gov- ernment on Saturday last, had proceeded to chuse their Speaker, and desired to know when and where they might present him for His Honour's Approbation. The Governor having answered them that he should be ready to receive the House immediately, They accordingly attended at his Lodgings, and presented Mr. Jacob Kollock as their Speaker, who, being approved by the Gov- ernor, claimed the usual llights and Priveleges of the House, which were allowed them, and they withdrew. Eodem die, 3 o'clock, P. M. A Message was delivered to the Governor by three Members, ac- quainting him that the House were duly qualified, and desired to know whether his Honour had any Business to lay before them ; the Governor answered that he had nothing to recommend to them at present, & desired they would proceed on their own Business. Thursday the 1st November, 1764. MEMORANDUM. The Governor this day issued three General Commissions of the Peace, appointing the following Gentlemen Justices of the Peace and of the Courts of Common Pleas for the Counties of Newcastle, Kent, and Sussex, on Delaware, viz'": For the County of New Castle, James Hamilton, William Till, Benjamin Shoemaker, Lawrence Growdon, ■w7-ir T ^^' I Esq"' Members of y* Proprietary & Gov" William Loo;an, Y A -^ J f J Richard Peters, Lynford Lardner, Benjamin Chew, Thomas Cadwalader, Richard Penn, Council. PROVINCIAL COUNCIL. 203 Evan Rice, Thomas James, William Patterson, William Armstrong, John Jones, W""- Williams, R*"- McWilliams, John Stapler, David Finney, "^ Thomas Cooch, l James Lattimer, | Thomas Kim, Jacob Peterson, John Evans, Thomas Tobin, Theodore Maurice,^ ^-Escf For the County of Kent, the Members of the Proprietary & Governor's Council as before, and John Caton, John Barnes, Richard Wells, James Morris, Thomas Irons, James Spykes, Theodore Maurice, William Rhoads, Andrew Caldwell, W""- Rodney, Cajser Rodney, Rob'- Holliday, Chas. Ridgly, Chas Milliard, Jn°- Clarke, Jr., >Esq" For the County of Sussex, the Members of the Proprietary &; Governor's Council as before, & Jacob Kollock, Sen'' Benjamin Stockley, David Hall, Benjamin Burton, Nehemiah Drapper, Thomas Prettyman, Jacob Kollock, Jr., John Spencer, Isaac Watson, Wrixam Lewis, Gilbelcher Parker, )>Esq"- Levin Crapper, Tho'- Robinson, New Castle, the 2d day of November, 1764. In the room of Ryves Holt, Esquire, deceased, late Chief Jus- tice of the Supream Court, and William Till, Esq'' second Justice of the said Court, who is disabled, by Infirmities, from further at- tending the duty of that Station ; The Governor, by Commissions bearing different dates, appointed John Vining, Esq'- of Kent County, Chief Justice, and Jacob Vanbebber, Esq'' of New Castle County, second Justice of the Supream Court in the Government of the Counties of New Castle, Kent and Sussex on Delaware. At the same time his Honour was pleased to appoint and Com- missionate Richard M' William, Esq'-' of New Castle County, & John Clowes, Esq'' of Sussex, the two other Justices of the said Court. The Assembly, during their Sessions, sent up to the Governor for his Concurrence, the Bills entituled as follows, viz'- : 204 MINUTES OF THE " An Act to enable John Vining and Caeser Rodney, Esq"-' Trustees of the General Loan Office, of Kent County, upon Dela- ware, or their Successors in the said Office, to demand & receive, or otherwise to sue for and recover the Ballance due to the publick, from the Estate of James Wain, Yeoman, deceased, late Collector of the County Rates & Levies for Murtherkill hundred in the said County, and also to enable Rich''- M' William, Thomas M'Kean, and Evan Rice, Esqrs., Trustees of the General Loan Office of the County of New Castle upon Delaware, or their Successors in the said Office, to demand & receive, or otherwise to sue for and recover the Ballance due to the Fublick from Benjamin Naxon of the said County of New Castle, Gentleman, late Captain of a Company of Foot, raised for his Majesty's Service, within this Government." " An Act for the more easy Recovery of small Debts." '' A Supplement to an Act entituled, ' An Act for the better re- gulation of the Supream Court of this Government, & for aiding the discontinuance of the process therein, & other purposes therein mentioned.' " The said Bills, having been read & considered by the Governor, were Returned to the House of Assembly, with a few Amendments to each of them, and the House having acceded to the same, pre- sented them again to the Governor for his Assent. His Honour accordingly sent them down again, by the Secretary, with a Verbal Message to the House, that he agreed to them, & was ready to pass them immediately. The House accordingly attended at the Gover- nor's Lodgings, with the above-mentioned Bills, which his Honour enacted into Laws, Signed a Warrant for affixing the Great Seal thereto, & directed the Secretary, with two Members of the House, to see them deposited in the Rolls Office. The Speaker then presented to the Governor Orders on the Trus- tees of the Loan Office for £200, for his Support for the present Year, for which his Honour returned the House thanks. At a Council held at Philadelphia, on Monday the 19th Novem""-' 1764. PRESENT : The Honourable JOHN PENN, Esq'- Lieutenant Governor, &ca. Benjamin Shoemaker, Lynford Lardner, 7-c\ „. William Logan, Benjamin Chew, 5 The Governor, thinking it necessary to issue new General Com- missions of the Peace, for the Counties of Philadelphia, Chester, Bucks, and Northampton, and to make sundry alterations in the last Commissions, laid before the Board several Lists of Persons, whom he proposed as Justices of the said Counties, and the same PEOVINCIAL COUNCIL. 205 being read and considered, the following Gentlenaen were agreed on to be Justices of the General Quarter Sessions of the Peace, and of the County Court of Common Pleas, for the Counties of Philadel- phia, Chester, k Northampton, & Commissions were ordered to be made out accordingly, viz'- : For the County of Philadelphia : James Hamilton, William Till, Benjamin Shoemaker, Lawrence Growdon, Joseph Turner, William Logan, Richard Peters, Lynford Lardner, Benjamin Chew, Thomas Cadwalader, Richard Penn, William Plumsted, Septimus Robinson, Samuel Ashmead, William Peters, Samuel MiiBin, Jacob Duche, Isaac Jones, William Coxe, Thomas Willing, Daniel Benezet, Samuel Shoemaker, William Parr, Evan Thomas, Archibald McClean, William Dewees, Henry Harrison, Members of y^' proper''' & Governor's Council. James Coultas, Jacob Hall, John Bull, Thomas Lawrence, John Lawrence, George Bryan, William Humphreys, Frederick Antis, Peter Evans, James Biddle, Alex • Edwards, Esquires. For the County of Chester, The Members of the Proprietary & Governor's Council as before ; and William Moore, Thomas Worth, Samuel Flower, John Miller, Isaac Davis, Edward Brinton, Alex"- Johnson, J™- Culberston, Will. Clingham, Will. Parker, John Hannum, John Price, John Fairlamb, Henry Hale Graham, William Boyd, R"- Reily, James Hunter, & James Evans, l-Eqs" .Esq" 206 MINUTES OF THE For the County of Northampton, The Members of the Proprie- tary & Governor's Council as before ; and William Plumsted, Jacob Ornat, Thomas Craig, John Moore, Hugh Wilson, Robert Lyle, Aaron Depui, James Allen, Lewis Klotz, John Jennings, Thomas Armstrong, Henry Geiger, George Taylor, Dan'- Brodhead, Lewis Gordon, The Commission of the Peace for Bucks county was referred to further Consideration. 27th Novem'- 1764. MEMORANDUM. The Governor this day issued a Commission appointing John Vining, Jacob Vanbebber, and Richard McWilliam, Esq"' Justices of the Court of Oyer and Terminer & General Gaol delivery, for the Government of the Counties of New Castle, Kent, and Sus- sex, on Delaware. At a Council held at Philadelphia, on Wednesday, the 5th day of Decem'-' 1764. PRESENT : The Honourable JOHN PENN, Esq'' Lieutenant Governor, &c'- Benjamin Chew, Thomas Cadwallader, ") -r, „. Lynford Lardner, Richard Penn, j " The Governor laid before the Board a Letter he received by Major Small, from Col"' Bouquet, dated at the Forks of Muskingum, 15 Nov'' last, acquainting him that he had obliged the Delawares, Shawanese, & Senecas, to submit to the terms he had prescribed to them, in consideration of a permission from him to send Depu- ties to Sir William Johnson, to conclude a Peace with the Eng- lish ; and also a Copy of the Conferences he had held at seve- ral times with the said Indians, containing a Minute detail of his Proceedings from the 20th September to the 16th November last. Both which being read and duly considered, the Council advised his Honour to issue a Proclamation, ordering a suspension of all Hostilities against the above mentioned Tribes 'till further Orders. PROVINCIAL COUNCIL. 207 The Secretary having accordingly prepared a Draught of a Proc- lamation for that purpose, it was read and approved, and ordered to be published to-morrow in the Pennsylvania Gazette and Journal. The Letter from Col. Bouquet and the Indian Conferences being ordered to be entered on the Council Minutes with the Proclama- tion, they are as follows, viz'-: A Letter to the Governor from Colonel Bouquet. " Camp at the Forks of Muskingham, 15 Novem'- 1764. "Sir: " I have the Pleasure to inform you that the Mingoes, the Dela- wares, k the Shawonese, after a long Struggle, have at last submit- ted to the Terms prescribed to them, viz'-: " ' 1st. To deliver all the Prisoners without Exception.' "'id. To give fourteen Hostages to remain in our Hands as a Security for the strict performance of the 1st Article, and that they shall commit no Hostilities against his Majesty's Subjects.' " " Upon these Conditions they are permitted to send Deputies from each Nation to S'- William Johnson to make their Peace. " The Mintroes have given two Hostajres. " The Delawares Sis "The Shawonese Six " The inclos'd Copy of our Proceedings with these nations con- tains a minute account of the whole Transaction ; therefore, I shall not trouble you with particulars. I am only to request that you will have a suspension of Arms with these Savages publish'd in your Gov- ernment, and I may presume to assure you, from their present hum- ble Dispositions, that the Troops stationed on your Frontiers may be discharged, and the Inhabitants return with safety to their deserted Plantations. " We have already upwards of 200 Captives delivered, & many of them have remained so many Years amongst them, that they part from them with the greatest Reluctance. We are obliged to keep Guards to prevent their Escape, and unless they are treated with In- dulgence & Tenderness by their Relations, they will certainly re- turn to their Savage Masters. The Delawares and Mingoes have not only delivered all their Prisoners, but even their own Children born from White Women. "The Shawonese have been very Obstinate, and nothing has pre- vented the Chastisement they deserved, but the certainty, that if they were driven to despair, they would massacre 150 Prisoners then in their Hands ; however, their pride has been humbled, and they have been forced to submit to the same Conditions as the other Na- tions. " The Troops of your Government have carried on the Service with great Zeal and Chearfulness, and their Conduct does them Honour in every respect. 208 MINUTES OF THE " I shall immediately send them to Carlisle with the Prisoners belonging to the Province ; as several of them are net known, I beg you will appoint a Person to receive them at that Place, and provide them with the necessaries of Life till they are claimed. " I have the Honour to be with great regard, " Sir, your most obedient, and '' most humble Servant. "HENRY BOUQUET. " Governor Penn." Colonel Boquet's Journal and Conferences with the Western In- dians. Speech of Colonel Boquet, Commanding the Army upon the River Ohio, to Capt"- Jacobs and the Delaware Chiefs with him at Fort Pitt, the 20th September, 1764 : *< Sometime ago I received an Account from Col"' Bradstreet, Commanding the Army upon the Lakes, that the Delawares & Shawanese had begged for Peace, which he was willing to grant to them, & as you assured him that you had recalled all your Warriors from our Frontiers. Sometime before he wrote me not to proceed against your Towns, I therefore would not have proceeded, had I not heard that in open Violation of your Engagement, your party killed a Man at Rays Town and several more in Virginia, a long time after you had begged for Peace, upon which I determined to March to Fort Pitt & wait there for an answer to the Letter I wrote Col. Bradstreet, but to my great astonishment upon my A.rrival at this place, I hear that one of our people has been murdered & his head stuck upon a pole in the path near the Little Beaver Creek, & that several of your Parties are still on our Frontiers. " As I must consider you now as a People whose promises I can no more trust, I was determined to attack you as soon as the rest of the Army joined me, which I expect immediately, but I will put once more in your Power to? prevent your total Destruction & save yourselves and your Families, by giving us satisfaction for the Hos- tilities committed against us ; And first. You are to leave the Path open for my Expresses from this Fort to Detroit, & as I now intend to write to Col. Bradstreet, who commands the Army upon the Lakes, I will send my Letters by two of our Men, and I desire to know from you whether you will engage to send two of your Peo- ple with them to bring them safe back to me with an answer from Col. Bradstreet. If they receive any injury either in going or re- turning, or if the Letters are taken from them, I will immediately put Capt"- Pipe & the other Indians now in my power to Death, and will shew no mercy for the future to any one of your Nations that shall fall into my hands. I allow you ten days to have my Letters delivered to Col. Bradstreet at Detroit, or to the Command- PROVINCIAL COUNCIL. 209 ing Officer there, and the same number of days to bring me back an answer from him. " You must be sensible that during your stay here, I have had it in my power to put you all to death, & you deserved it, by refusing to speak with me when you pretended to have come as Friends, but I have not done it, to shew that you have yet a door open to mercy ; and I desire that you will now go to your Towns (except the two men who are to proceed with the Expresses), and acquaint your Chiefs of what I say, and that I expect they will immediately come to me & deliver up all their prisoners, if they have not already de- livered them to Col. Uradstreet, & give such other Satisfaction for the murders committed by your Nation, as I shall require of them. With this last part I send to the Chiefs this Belt of Wampum to shew them that I shall still be ready to hear them, on their giving me proper satisfaction." A Belt. Speech of an Onondago and an Oneida Indian, to Col. Bouqueff at Fort Fitt, the 2d October, 1764. Usual Compliments, a string of Wampum. *' Brother : " We are come to inform you that the Indians living upon this River are now in a state of Confusion ; you do not see clearly what their intentions are, and we desire you to wait a little, and make yourselves easy ^till we are able to open your Eyes, as we still see you keep some evil designs in your minds against them ; We, like- wise desire you may remove all this from your hearts, and that you will receive them civilly, should any of them come to see you, & they will treat you in the same manner." A String. " Brother : " We desire you will remember tho ancient Friendship which has so long subsisted between you and the Six Nations ', We have been sent by Sir William Johnson to speak to the different Nations this way, to endeavour to make up matters between you & them ; and we beg you will hear them, and comply with their Requests, as they arc ready to do with yours. We now see you are going against those Nations who first disturbed the Peace, who are the Senccas living down this River, the Wyandots, the Delawares, and the Shawanese. " They are all now sincerely sorry for what they have done, &are collecting all their Prisoners from the Lower Shawanese Town, in order to deliver them up at Sandusky. What we now tell you on the behalf of these Nations is y^ Truth; You may depend upon ev- voi. IX. — 14. 210 MINUTES OF THE ery thing we say, as we have never deceived you, knowing that if w® did, God would punish us for it. A Belt. " Brother : " As the Officer who commands the Array upon the Lakes has taken the above Nations by the hand, and kindled for them a Coun- cil Fire at Sandusky, where they are now going, they beg that you would likewise forgive them, as they very much repent their past Conduct, & they promise, that as soon as they have complied with their Engagements there, they will then come & ask forgiveness of you, 'till which time we desire you may not be uneasy. They have desired us to assure you, in their names, that they will be at San- dusky in five days from this date, to deliver up all their Prisoners ; and we desire once more, that you will wait a little, and not be un- easy 'till you hear further from them, but consider what we have said; And asj'ou have detained two of the Delawares that came to see you, we give it as our opinion that it would be best to let them return home, giving them a Letter to their Chiefs, informing them of your intentions. A Belt. ^' Brother : " We beg once more that you will seriously consider what you are now going to do, and do nothing precipitately; but if you are determined to proceed with the Army, it is our opinion that it would be best for you to take the road leading to Sandusky, where you will meet with Col. Bradstreet, and there settle every thing with him. When the Terms of Peace are settled with the Nations who desire, Should any of them refuse to comply with the Terms agreed to, or break the Peace afterwards, we will join with you to chastize them. We feel as well as you the misbehaviour of those Nations, but as they now repent, we forgive them, & hope you will do the same.'' A Belt. Colonel Bouquet's Speech to the above, Fort Pitt, Octr. 3(7, 1764. "Brothers: "You say that those Nations are Sorry for what they have done, and that they will make Peace with us, and deliver all their Prisoners at Sandusky. ^' Brothers : "The Delawares, Wyandots, & Shawonese are a false People, and they deceive you as they have always done; if they are sincere, why don't their Chiefs come to speak to me. They have, in time of peace, killed our Traders in their Towns; they stole all their Goods. " They have attacked this Fort, & when I came up last Year they attacked me ia the Woods, and killed some of our people, and PROVINCIAL COUNCIL. 211 finding us too strong for them here, they went to the Settlements, where thcj murdered & carried off a great number of our Men, Women, and Children. " When the Chenusses and all the Western Indians have made Peace with Sir William Johnson at Niagara, these People did go, but they wrote a Letter, to tell him they despised us. At last you went to Col. Bradstreet, at Presque Isle, and asked Peace for them, & told him they had recall'd all their Warriors from our Frontiers, but a long time afterwards they killed a man at Bedford, and a great many more in Virginia, and they even kill now. "When I saw their hearts were still so bad, I came here with the Army to attack them, but I first sent to Sandusky, to inform Col. Bradstreet that they had again struck us; my messenger did not find him at Sandusky, and saw that the Delawarcs had killed another of our People, and fi.xed his head upon a Pole in the Path, after you had asked peace for them. Now that they see we know their perfidy and will chastise them, they say they are sorry for what they have done, & will make Peace, but that is not sufficient Satisfaction for us. " Brothers : " The General has sent me with an Army to take revenge for the Murders committed by the Delawares and Shawanese, and not to make peace, but as you say they want to be Friends with us, I will tell you what I intend to do. I will go (as you desire) by the road leading to Sandusky, & if the Chiefs of the Delawares and Shawa- nese have anything to say to me I will hear them at Tuscarowag, and if they are sincerely inclined for peace, I will determine at that place what they are to do to obtain it, and in case they agree with me upon the preliminary Terms, I will permit them to go to S''' William Johnson to conclude it. " I have detained Two Delawares, because they came here as Spys, without having to say any thing from their Chiefs, & at a time when the Delawares & Shawonese had broke the peace and struck us again. I will, however, use them well, and when peace is con- cluded between us & the Delawares, I will send them home. " Brothers : " You told Col. Bradstreet, & you now tell me, that if these Na- tions broke the peace you had made for them, you would join us & strike them. You see they have broke the Peace, and that their Partys are still at our Frontiers killing our people ; they know this to be true, & have deceived you. I will write to Colonel Bradstreet, and hear what has passed between him & those Nations, and I ask you whether you will go with two of my people to Col. Bradstreet, and bring me an answer with my two men at Tuscarrowas, and I declare to you that if the Delawares, Shawanese or Wyandotts do them any injury, I will put the two Delaware Indians to death, and march against them, which, if they oblige me to do, they must never expect peace from us. 212 MINUTES OF THE " You may let the Delawares & Shawonese know tbat on my March to Tuscarrawas, I -will not kill any of their people, unless they attack me first." A Belt. October, the 3d. The Army left Fort Pitt and arrived at Beaver Creek, where John Palmer, who had been taken Prisoner the 28th of September, came to the Army, having made his Escape from the Indians the night before. October, the 13th. Arrived at Tuscan'owas without any intet- ruption from the Enemy, who kept parties upon the road to observe the motions of the Army. " Camp at Tuscarrowas, October the 14th, 1764. Received the following Message in writing from the Chief "War- riors of the Delawares. "Brother Colonel Bouquet: " We are glad to hear the good Speeches which you made, & also that our Brother, Capt°- Pipe and Capt"- John, are alive, and salute us. " We now salute you with a good heart, and shall be more glad when we meet you at Tuscarrawas; if we see our Brothers Pipe & John at a small distance, then we should think that you mean nothing but good. Signed, "Linechque, Simon Girty, " Winginum, Capf- Will, " Neclaw, Capf- Jacobs. " Sunfish, Neachablan, " Capf- Killbuck, Jecasso, or Tho'- Hickman, " Welapachickin." The above Message wrote by Mr. Gibson, a Prisoner amongst them. Colonel Bouquet's answer: " Camp near Tuscarrowas, ) October 15th, 1764. j " Chiefs, Captains, & Warriors of the Delawares : " I received your Letter you sent me yesterday, by which I see you are coming to speak to me ; I shall be glad to hear what you PROVINCIAL COUNCIL, 213 have to say, and will wait for you to-morrow at this place. You may come without fear, for I will not hurt or detain any of you, but leave you at liberty to go when you please, not doubting butyou will behave in a proper manner. You will give me notice a little before hand at what time you intend to come, that I may send people to bring you to Camp. " Capf- Pipe and Capf- John are both well, and if any of their Friends choose to see them, I will give them leave after I have heard what you have to say; and they will be set at Liberty as soon as Peace is made, which will shortly happen, if you have well con- sidered my Message, and determined to do what is right. Sign'd, HENRY BOUQUET." Camp near Tuscarrowas, ") October 16th, 1764. j Speech of Four Senecas & two Delawares to Colonel Bouquet : "Brother: " We received your Message yesterday by the White Man you sent us. Expressing you was glad he returned to you after being at our Towns to acquaint you of our coming to meet you. We now thank God for giving us this opportunity of seeing one another and speaking together; And our Chiefs, Warriors, Women, & Children, return you their thanks for the Message you sent them Yesterday.' A String *' Brother : " We thank God for enabling us this day to wipe your Eyes, that you may clearly see our Chiefs when they come to speak with you; And we clean your Body with this String of Wampum, that you may chearfully receive to your heart the good Speeches they will make to you. A String. " Brother : " As we have now wiped your Eyes and cleaned your Body in behalf of ourselves, The Senecas living on the Ohio, the Delawares and Shawanese, We inform you that the reason of our not coming sooner, is because the Shawanese are not yet come, but the Chiefs of the other two Nations are all present, and expect the Shawanese to-morrow, when they shall have a meeting among themselves; they then come to speak to you. " Brother : "Another reason for not meeting you sooner, was because that Colonel Bradstreet had invited us to the Lakes at the same time that you expected us to meet you at Fort Pitt. In this case, we 214 MINUTES OF THE •were at a loss which, way to go, but when you hear our Chiefs, you will then be convinced that our delay was not through any bad de- signs against you." A String. Colonel Bouquett's answer : *' Brothers : '' I am glad to hear what you say ; and as peace is preferable to War, I shall be well pleas' d if we agree upon Terms^ A String. i' Brothers : "You sent me a Message yesterday, acquainting me that you would come and speak with me to day. You tell me you cannot speak to me, because the Shawanese are not come, & that when the Shawanese do arrive, you will consult together; But I now tell you, 'tis not necessary to wait for the Shawanese, as I will hear to- day or to-morrow what the Delawares have to say by themselvc-s, & I will not stay for the Shawanese, but will hear separately what each nation have to say ; and I desire the Delaware Chiefs to speak for the Delawares only, and not for the Senecas or Shawanese." A Strino;. Camp near Tuscarowas, October 17th, 1764. At a Conference held with the Chiefs of the Senecas, living on the Ohio, The Delawares, and Shawanese. PRESENT : Colonel Henry Bouquet, Command'g his Majesty's Forces in y*' Southern District. Lieutcn'- Col. Reed, Eoyal Highlanders. Lieut*- Col. Francis, Pennsylvanians. Lieut'- Col. Clayton, Do. Major Prevost, Koyal Americans. Major jMurray, Royal Highland"- Major DeHaas, Pennsylvanians. Major Field, Volunteer&. Brigade Major Small. Capt"- Stuart, Royal Highlanders. Capt"- Grant, Do. Capt"- Ourry, D. Q. M^- Gen'- Capt"- Williams, Chief Engineer. Capt"- Lewis, Virginia JVolunt*- with sev'- other Gentlemen of y'- Army. PROVINCIAL COUNCIL. 215 Mr. Alex''- McKee, Assist*- Agent for Indian Affairs, & David Owens, Interpreter. Indians : Senecas, Beaver & 20 Warr'-' Keyashuta Chief, with 15 Warriors, Sbavranese, Delawares, Keissinuchtcha. a Chief & Custalogo, 6 Warriors. Keyashuta and Turtleheart, Speakers : " Brother : " In the name and by order of the Chiefs of the seTernl Nations here present, with this String of Wainpuin we clean your Ears, that you ujiiy hear with attention, what they are now going to say to you. A String. " Brother : " We have done our utmost to be ready to speak to day as you desired, & we now inform you that it was owing to tiie Nations who live to the Westward of us, and to our foolish young men, that the War has happen'd between us, so that it is neither your fault nor ours; And as you desired us yesterday to be strong in doing good, We now throw away every thing bad, so that none of it remains in our h -arts, & wo join our thoughts with yours, that we may al- ways be of one mind for the future. Two large Belts. " Brother : " Now we have thrown every thing bad away, nothing remains bad in our hearts, but good. We take fast hold of the Chain of Friendship, and we, the Chiefs of the Delawares, Shawanese, & Senecas, living upon the Ohio, who are now related to the Six Na- tions, request you will do the same, as we cannot huM it fast without your help, & we must both look up to God, who now sees every thing that passes between us, for his Assistance. Do not think •what we say comes from our Lips only; it proceeds from the bot- tom of all our hearts. Therefore we again request you will join both hands with ours, to this Belt of Friendship. A Belt. "Brother: " We have repeatedly told you that we have thrown every thing bad from our hearts, that you should hear nothing but good from us. Col. Bradstreet has desired us to deliver up your Flesh and Blood; we now assure you it shall be done, as you have long de- sired to see them. Our Reasons for not complying with this request sooner was, that Col. Bradstreet held us by one hand and you by the other, so that we did not know which way to carry them. But wo now desire you will inform us at wliat place you chuse to receive them, whether at Fort Pitt, or the Lake. We have been very dil- 216 MINUTES OP THE igent in collecting ourselves together, with a few Prisoners, you see^ to meet you." N. B. here they delivered up 18 white prisoners. A Belt. " This is all we are ordered to say by our Chiefs. You will now listen to themselves here present." Custaloga, Chief of the Delawaresof the Wolf Tribe, Speaker. " Brother : " By this string, I confirm every thing that has been said by our Two young Men. <'A String. ^ " Brother : " I assure you that the intention of my Tribe is good, and that we are determined to do what you desire of us, & deliver you up all your Flesh and Blood. A Belt. " I now deliver you the number of Prisoners amongst my Peo- ple.' Delivered 42 small Sticks. Beaver, Chief of the Turkey Tribe, Speaker. " Brother : " You shall likewise soon see all your Flesh & Blood who are still prisoners amongst my Tribe." N. B. Delivered 41 Small Sticks. Keyashuta, Speaker. " Brother : "You have heard all we have to Say at present, and we think we have done every thing required of us by Colonel Bradstreet, who sent me to their Nations, with these Articles of Peace. ^' Here he produced the Original Articles of Peace, signed by Colonel Bradstreet. The Conference intended to have been held with the Indians on the 18th, was deferred till the iiOth, on acconnt of the badness of the Weather. Camp near Tuscarowas, October 20th, 1764. At a Conference held with the Senecas & Chiefs living upon the Ohio, the Delawares <& Shawanese. PRESENT : Col. Henry Bouquet, Commanding his Majesty's Forces in the Southern District, & the Officers mentioned at the Conference of the 17th ; Also, the same Indians, Chiefs, & Warriors. PROVINCIAL COUNCIL. 217 " Chiefs, Captains, and Warriors : " I wish that in your Speeches you may have expressed the true Sentiments of your nations, but we shall judge of your Sincerity, not from your Words, but from your Actions. A String. " You say that 'twas not your fault that this War has happen'd, but that 'twas owing to the Western Nations, and to your foolish Young Men. I answer that 'tis your fault, because we might have protected you against these Nations had they attempted to force you to make War upon us. And as to your Young men, it is your duty to chastize them when they do wrong, & not suffer yourselves to be directed by them. A String : "I am glad to hear you have thrown everything bad out of your hearts, & that you are now sincerely disposed to take fast hold of the Chain of Friendship, which, as soon as a Peace is made with you. We shall likewise hold fast. A String. " You say the reason of not delivering your Prisoners sooner, was because Col. Bradstreet had told you to deliver them to him at Sandusky, & I had told you to deliver them to me. You know by the treaty made with Colonel Bradstreet, and now in your hands, and to which I appeal, you promised expressly to deliver all the Prisoners to him at Sandusky, in Twenty-five days after the 14th of August, when the said Treaty was Signed. And if you failed in the performance of that Article, the peace was then broke from that moment. The day on which the prisoners ought to have been delivered, was the 8th of September, and my first Message to you in writing (and in your hands), is dated at Fort Pitt, the 20th of September, 12 days after the time fixed was elapsed, and not being sent till the 22d, you could not receive it in your Towns before the 27th ; therefore, that Message cannot in any manner excuse you for breaking the Peace in not delivering your prisoners either to Col. Bradstreet or to me, from which 'tis very evident that as usual, you never intended to deliver them. Again, when you begged for peace, you assured Col. Bradstreet that you had re-call'd all your Warriors from our Frontiers, & you know contrary to that Declaration they have continued to murder our People, and to take them Prisoners, to this day, which we can prove by an old Man here present, who was taken on the 28th of September, 45 days after the Peace made. " I have, besides, certain information that you were determined to pay no regard to that peace, and had actually collected all the Warriors of the Mingoes, Delawares, and Shawanese, to attack this Array, if you had found you had a sufficient force for it. Having now answered and refuted every thing you have said in excuse for your breach of the Peace, I am commanded by the General to declare to you, that as you have broke the peace granted to you by Col. Brad- street, he, likewise, break it on his side, and S'' William Johnson 218 MINUTES OF THE has already informed the Sis Nations, and all the Western Indiana of your perfidious Behaviour to us. A Belt. " You must be sensible that you deserve the severest Chastise- ment, but the ICnglish are a merciful and generous people, averse to shed the blood even of their most cruel Enemies; & if it was pos- sible that you could convince us that you sincerely repent of your past Conduct, and that we could depend on your good Behaviour for the future, you might yet hope for mercy & peace; but, before I tell you the Terms, I will recapitulate the many Injuries & insults we have recently received from you, or your Allies, which have at last occasioned the march of the King's Army into your Country. A Belt. "You have begun this War without the least reason or provoca- tion whatsoever ; You have in time of profound peace, & without having received the least injury, murdered Captain Clapham, who had been a Friend & a Father to many of you. " You have killed or Captivated all the Traders sent to your Towns at your own repeated request, & plundered their eflfects. " You have dared to attack Fort Pitt, to the building of which you expressly consented, when in presence of George Croghan, De- puty Agent for Indian Affairs, I made the first Treaty with you upon the Ohio, after we had dispossesed the French of Fort Duquesne, and several of you now present, assisted at that Treaty. You mur- dered, treacherously, last Year, one of our men sent in a Canoe from Fort Pitt to bring over the Ohio some of your people who preten- ded they had a Message to deliver to the Commanding Officer, and you violated, by that horrid Crime, the Custom held sacred by all Nations, not to kill persons employed in publick Messages, even in time of War. '^ You attacked, soon after, the King's Troops in the Woods, and being defeated in the attempt, you fell upon our Frontiers, where you have continued to murder our people to this day. " One of your partys killed, lately, in one day, eleven Children at a School, and not satisfied with that infamous action, they mas- sacred, near the Little Beaver Creek, the only Boy they had spared, & had the impudence to fix his head upon a pole in the middle of the path, and this they did after they had begged Peace from Col- onel Bradstreet. You have constantly declared that you would never make Peace with the English, and when the Senecas and Western Indians begged for peace, you alone, have pretended to stand out, declaring that you despised all the Eiforts we could make against you, as appeared by that insolent Letter you obliged Thomas Small- man to write, and sent to Sir William Johnson at Niagara. " Your Conduct has always been equally perfidious, you promised at every former Treaty, as you do now, that you would deliver up all your Prisoners, and have received every time on that account PROVINCIAL COUNCIL. 219 considerable presents, but you never comply'd with that nor any of your Engagements. " You know that all these charges are true, and only a small part of the numberless murders, Depredations & breaches of Faith you have been guilty of; and I am now to tell you, that wo will no. longer be imposed upon by your promises, & that the Army shall not leave this Country until you have fully complied with every Condition that is to precede any Treaty with you. A Belt. "I have brought with me the relations-of those people you have massacred or taken prisoners, they are impatient to take revenge of the Bloody murderers of their Friends, and it is with the greatest difficulty that I can protect you against their just resentment, by assuring them that no peace shall be granted you till you have given us a proper' Satisfaction. " Your former Allies the Ottawas, Chippawas, Wyandots, &c., have made this peace with us, and the Six Nations have joined us against you. " We now surround you on every side, having possession of all the Waters of the Ohio, Mississippi, the Miamis & the Lakes. All the French living in those parts are now Subjects to the King of Great Britain, and dare do longer assist you. " It is consequently in our power to destroy you, but if I find that you execute faithfully the Conditions I shall require of you, I will not treat you with the Severity you deserve. " I give you twelve days from this day to deliver up to me at Wickatamike all the prisoners in your possession, without any ex- ception. Englishmen, Frenchmen, Women and Children, whether adopted in your Tribes, married or living amongst you, under any denomination, or any pretence whatsoever, as also all negroes, & to furnish all the said prisoners with cloathing, provision & horses, to carry them to Fort pitt. " When you shall have fully complied with this preliminary Condition, I will then let you know on what Terms ycu may obtain the Peace you sue for." • A Belt. October the 20th, 1764. Col. Bouquet having required the Chiefs to appoint a man of each Nation to attend him on his March to the place fixed, they named Keyashuta for the Senecas. Turtle- heart and Custalogo's Son, for the Delawares, and James Smith for the Shawanese. Keyashuta, addressing himself to the Nations present, desired them to be strong in performing every thing then required of them, and they had been accused of having told lyes always before, to be now punctual in the Execution of their promises, to convince their Brethren that they could speak truth ; he adds that he would con- duct the Army to the place appointed for delivering up the pris- oners. 220 MINUTES OF THE Keisinantcha, Chief of the Shawanese, said he would imraedi- ately go to inform his Nation of every thing he had heard, but as the distance was great they could not be at VVaghatawmaky in 10 days, when they would certainly meet us and comply with every thing required of them, & that he expected the Shawanese would be treated in the same manner as the Delawares. '' October 22d, 1764. — The Army proceeded, attended by a num- ber of Senecas, Delawares, & Shawanese, and arrived at the Forks of the Muskinghara the 25th, this place having been fixed upon as more Centinal than Wackatamaha, to receive the prisoners. 27th October. — Col. Bouquet sent a Shawanese with a Message to his Nation. First : desiring them to be punctual as to the day for delivering up their prisoners. Secondly : as they had expressed some uneasiness in our not shaking hands with them, to tell that only the English took their friends by the hands, and that they could not expected to be treated as such till a peace was concluded with them. Thirdly : To bring the Letters wrote for Col. Bouquet by the French Officer Commanding at Fort Charter, which were sent last Winter by three Shawanese, but detained by their Nation. 4thly. To provide themselves with a sufficient quantity of pro- visions to subsist their people and their prisoners during the time necessary to settle matters at this place. 28th. — The above messenger returned and informed Bouquet that he did not proceed all the way with his Message, but having delivered it, Waghatowraaky, the Chief of that town, proceeded him- self with it, & desired him to return & ascquaint the Colonel that he had already collected all his own prisoners, which would arrive in two days, & that he was going to the lower Shawanese Towns to hasten the people to bring their prisoners. A String. 29th. — Custalogo arrived with his prisoners. 30th. — Custalogo informed Col. Bouquet, by a String of Wam- t)um, that as soon as his people was all come, which he expected to- morrow, he would then speak to him. A String. Col. Bouquet informed him he would have been glad to have heard him to day, but as there was yet two days of the time ap- pointed to come, he would not hurry him. 31st. — Arrived the Big Wolf and seven other Shawanese, And delivered up 8 White prisoners, and informed Colonel Bouquet llhat they were sent by their Chiefs to assure him that he might depend upon seeing them with all their prisoners at this place. A String. Col. Bouquet's answer : " I am glad to see you in so good disposition, & that you ihave brought these prisoners before the time fixed in delivering PROVINCIAL COUNCIL. 221 the whole up, & I hope your chiefs -will follow your Example, & deliver every drop of White blood in your Nation." A String. November the 1st. — Custaloga & Keyashuta, with several other Indians. " Brother : " Two days ago we appointed to meet you to-day, and we desire you will listen to us. A String. " Brother : " On our first meeting you at Tuscarowas, you then desired to see your flesh and Blood at this place, agreeable to which we, the Delawares, now deliver you up 32 English prisoners, and the Se- necas present deliver you 3 ; there is yet amongst them four more, which they have sent for and will be here to-morrow. A Large String. " Brother : " We have told you both at Tuscarowas and this place, that we would strictly comply with your desire in delivering all our pris- oners, & now the four Nations, which this Belt represents, join as one and have agreed to follow your advice, and further are deter- mined to prevent & defeat any bad designs that may be formed against you by any Nation whatever. The Wyandotts have made peace with Col"- Bradstreet, but notwithstanding joined with us in delivering you this Belt, to renew their Frienship with you." A Belt. They then addressed themselves to the Cochnewagas present, in substance of the above speech, with a String. Colonel Bouquet's answer : " I have heard with pleasure the good Speeches you have made to me, & I receive these prisoners as a mark of sincerity of the promises you made at Tuscarowas, and I recommend to you to be always sincere in your Transactions with us, and as it is the only means to make us forget what is past, and to bring about a recon- cilation, you must not forget that there is a number of prisoners amongst you; and till the last of them arc delivered up, I cannot proceed to the good work of peace." A String. November 2d. — We sent to Sandusky an Officer and three Men of the Virginians, and two Cocknowaga Indians, with a Mes- sage to the Wyandots, ordering them to deliver up all the prisoners they had left. This day King Beaver arrived with his prisoners. 3d. — Received a Message from the Shawanese Chief, acquainting Colonel Bouquet that they were coming with all their prisoners. Col. Bouquet sent them an answer to hasten them, & a string of Wampum, to bring the Four French men who lived amongst them, 222 MINUTES OF THE The same day, having an Intelligence that some French traders was arrived at the lower Shawancse Towns, Michael, with two Coch- nawago Indians, was sent oif with a Message to the Red Hawke, Chief of that nation, requiring him to have the said Traders seized and brought to Colonel Bouquet. Custalogo and King Beaver, with several others. " Brother : " It is now late, and we can say but little, but to-morrow you may be assured in hearing of every thing we have to say. A String. " Brother : "We now deliver you fifty-seven Prisoners. Our reasons for doing it to-night, perhaps some of them may attempt to run away. You can tahe better care of them than us, and to-morrow we will speak to you. A Belt. 4th. — The Indians sent in a Message that they was ready to speak. Col. Bouquet sent them for answer, that he would not ad- mit them to speak till they had delivered the remainder of their prisoners. 5th. — King Beaver delivered up eight White prisoners, & Cus- talogo deliv''- up three prisoners. Mr. Michael returned with the two Cochnewaga Indians, having been stopt by Keissuntchatcha, the Chief of the Shawanese, at Waghatamaky, who informed him that the Chiefs of the Lower towtis were all gone down to the French, and that he would do no Business there, if even he proceeded, and that all the people of the Lower town were on the way, with all their prisoners, to meet Colonel Bouquet. 6th. — Owens, Turtle heart, a Delaware Indian, were sent to the Shawanese to know whether they were coming, and the time they would be here. Owens returned from the Shawanese the 7th In- stant, & said they would arrive with their prisoners y° 9th ins'- A Soldier was found killed in the Woods; The Indians were suspected, & the following Message was delivered to their Chiefs : " Kcyashuta, One of our Soldiers has been killed this morning near the White Woman's Creek. As this murder has been com- mitted in the Country of the Delawares, I expect that they will find out and deliver to me the murderer; & till they do it, I shall make that Nation answerable for the murder ; Therefore acquaint, forth- with, the (Chiefs of the several Tribes of the Delawares with this, that they may exert themselves toward the Discovery of the mur- derer." A String. The Chiefs promised to deliver up the murderer, if they could discover him, and sent five Indians in pursuit of a Wyandot, whom they believed to be guilty of that Crime. PROVINCIAL COUNCIL. £23 8th. — Sent a Message to the Shawanese, to acquaint them with it, and to desire them to come in with their Prisoners, and not be afraid on account of that murder. The Shawanese sent Thomas Smallman, a Prisoner, among them, to the Camp, with some of the Horses stolen by the Senecas, & sent word they would come in the 10th with their Prisoners, and sent the following Letter : " Waghatawmaka, 8th November, 17G4. " Brother : " We the Shawanese, have thought proper to send our Friend Mr. Smallman to acquaint you of our arrival at this place, and have, according to your desire, brought with us a great number of your Flesh and Blood, which should have been given up to you before now, had we not heard some evil reports that you had some bad de- signs against us. We now dispatch the Bearer, with one of our young men, to know the Truth of it. Si, shall, upon your invitation of writing, proceed with all the prisoners to your Camp. We, the Shawanese, are come with no other intent than to see you, and ratify & confirm ourantient Friendship, & to make an everlasting peace with you, our Brothers. " I am, in behalf of the Shawanese, " Your Friend and Brother, " BED HAWKE, or " MESQUAPAMESQUE, Chief Captain." At a Conference held with the Senecas, living upon the Ohio, and Custalogo Tribe of Delawares, at the Camp upon Muskinghara, Nov^- 9th, 17G4. PRESENT : Col. Henry Bouquet, Commanding his Majesty's Forces in y*- Southern District, and all the Officers mentioned, & several Gentle- men of the army at y"- former Conference. Mr. Alexander McKee, assistant Agent for Indian Affairs. India7i)i : Senecas, Keyashuta, Chief & 10 Warriors, Delawares, Custalogo, Chief & 20 Warriors. Keyashuta, Speaker : " Brother : "The misfortune which has happened of one of your people be- ing murdered the day before Yesterday, gives us the Same Sorrow it gives you, and we beg that this accident may be no hindrance to the friendship already begun between us." A String. 224 MINUTES OF THE " Brother : *' By this String of Wampum we wipe the tears from your Eyes, and remove from your heart the resentment which this murder has raised against us, and we hope that you will throw away every thing bad that this may have occasioned, & hear us fully." A String. " Brother : " We have strictly complyed with your desire, and now deliver you these three prisoners, which are the last of your Flesh and Blood that remain among us; the Senecas and Custalogo's Tribes are now gathered together, and bury with this Belt all the Bones of the people killed during this unhappy War, which the evil Spirit occasioned amongst us. " Brother : " We cover the bones which have been buried, in such a manner that they may never more be remembered. A Belt. ''Brother: " We cover them again with leaves, that the place where they are buried may never more be seen." A String. "Brother: "As we have been a long time astray, and the path between us & you stopp'd, we hope the path will be again clear'd ; & we now extend this Belt of Wampum between you & us, that we may again travel in peace to see our Brothers as our ancestors formerly did, and as you will hold it by one end and we by the other, and we hope we shall always be able to discover any thing that may happen to disturb our Friendship." A Belt. " Brother : " As we have now extended a Belt representing a road between you and us, we beg that you will take fast hold of it, that the path may always be kept open between ua. This is all we have to say at present. A String. Colonel Bouquet's answer to Keyashuta & Custalogo, at the Camp upon Muskingham, Novemher dth, 1764. " I have heard, with pleasure, the Speeches you have made, which I shall now answer. A String. " Two days ago one of our men was murdered. I do not charge yoU; personally, with that murder, but as it has been committed in PROVINCIAL COUNCIL. 2?l! your Country, the Blood must remain upon your heads till the murderer ho delivered up to be punished Capitally. A String. " I received this three last prisoners, which you now deliver up, and I bring the Bones of the people who fell in the War, so the place be no more seen. A String. " Your reaJiness in complying with every condition I have already required of you, convinces me that your Intentions are upright, & consequently I will now treat you as Brethren, and speak to you as such. A String. "Brother : " You ask Peace ; the King, my Master, and your Father, has ap- pointed me to make War upon you, but he has other Servants who are employed in the Work of Peace, and his Majesty has been pleased to impower Sir William Johnson to make Peace with the Indians. It is to him, therefore, that you are to apply, but before I can give you leave to send to him, two things are necessary to be settled; the first is that, as peace is not yet made, you will deliver to me four Officers or Hostages, Viz'- : Two for the Senecas, & two for Custalogo's tribe, who are to remain in our hands, at Fort Pitt, till the Peace is concluded with S'- William Johnson, as a Security that you shall commit no hostilities or violence against any of his Majesty's Subjects or Propertys, and when the Peace is made, they shall be delivered back to you. A Belt. "The Second is, that the Deputies you are to send to Sir William Johnson be fully impowered by you to treat for your tribes, and that you engage to abide by what they shall stipulate in that Treaty. Sir William Johnson will settle every thing concerning Trade, or any other point necessary to render the Peace everlasting. A Belt. " Brother : "The deputys you are to send to Sir William Johnson, as well as the Hostages to be deliver'd in my hands, are to be named & pre- sented to me for my approbation. A String. " I will inform S'- William Johnson of what has passed betweea us, and I speak to you now on your own Belts, that your deputys may repeat to Sir William Johnson all you have said to me. A Belt. " Brothers : " I believe that you have now delivered up all the prisoners you had in your Tribes, but, if any should yet be discovered amongst you hereafter, you are to deliver them at Fort Pitt, as well as any of those now delivered up that might return to you. A String. VOL. IX. — 15. 226 MINUTES OF THE " Brothers : " You have not mentioned tome Capt°- Pipe & Capt°- John, who are both detained at Fort Pitt, but I have not forgot them, but as you have now delivered to us all our people, I will return to you these two ; there are still more of your people among us, but as they are not my prisoners I cannot dispose of them, but I will re- commend it to the General to have them given to you when the peace is concluded." The Col. then for the first time took the Chief by his hand, which occasioned great Joy amongst them. At A Conference held with the Turtle & Turkey Tribes of the Delawares, at Camp as aforesaid, November the 10th. PRESENT : . Col. Bouquet, with the Officers mentioned in the former Con- /erences and several other Gentlemen of the Army. Indians. King Beaver, Chief of the Turkey Tribe & 20 Warriors ; Keli- •pama, Chief of the Turtle Tribes with 25 Warriors; Custalogo, Keyashuta, with the Indians pres'- as yesterday. "Brother: " It gave us great satisfaction to hear the good Speech you made yesterday to one of our Tribes, and as you desired at Tuscarowas to see your Flesh and Blood, I now deliver you thirteen, who are the last we have remaining in our two Tribes, and it will likewise give us great pleasure that you will take us once more by the hand as your Brethren, that we may have the road now open for us in peace to see you. A String. " Brother : " I return you a great many thanks in behalf of the Chiefs, Warriors, Women &; Children of our three tribes, who are all glad .to embrace peace once more with their Brethren, and we likewise return God thanks for giving us the opportunity to take you by the hand in peace, which shall never more be broke on our side. Our young men shall now think of nothing but hunting, to exchange their Skins and Furs with their brethren for Cloathing. A Belt. ." Brother : " Should we at any time discover any of your people who are not now delivered to you, they shall immediately be sent you, as well as those who may attempt to return to us. A String. " Col. Bouquet desired to know before he spoke to them, the reason there was no Chief of the Turtle Tribe ; they answered PROVINCIAL COUNCIL. 227 their Chief was not present, but that his Bro"" Kalatama acted for him; the Col. asked them whether they would chuse to have the Speech delivered yesterday to the Senecas & Custalogo Tribes repeated to them, which they said they would be glad to hear from himself, upon which the same was repeated, with the following addition, that an Englishman who had murdered some of our people had brought the scalps to their nation should be immediately delivered up, & that each Tribe should deliver the same number of Hostages, & appoint the same number of Deputys, as had been stipulated to S'' William Johnson." A Belt. Novem''' 10th. — In the evening return'd the Officer and three Men of Virginia Volunt' who had been sent the 2d inst'- with a Message to the Wyandots, and brought the following Mess^'- from one of their Chiefs : " To Colonel Bouquet. "As I have rece'd certain intelligence that all our Chiefs have left their Towns, & gone some distance to the Westw**- to hunt, I hope you may not take it amiss that I do not proceed after them, being unacquainted of the places they may resort to. But I will send one of your young men this Winter to deliver your Message to them, their answer to which you shall be acquainted with early in the Spring, at which time we can conveniently carry all our pri- soners to Fort Pitt. Signed, " OTERUNQUE." Wrote the 8th November, near the head of Scioto. The above Officer was informed at a Delaware Town that the Wyandots had pass'd that Town with a number of horses whiqh they had stole from the English. At a private Conference held with the Chiefs of the Dela wares, 11th Inst'- PRESENT : Col. Bouquet, Capt. Reid, Capt. Ourry, Mr. Alexander McKee- Indians : Custalogo, King Beaver, The new comer. King Beaver spoke : " Brother : " Yesterday you desired that we would appoint &, present to you the hostages to be left in your hands. We have named Six, and also five to go to S" William Johnson. They are men of Ex- perience, on whom we can rely, and proper to treat for us. Their names are : 228 MINUTES OF THE Hostages : Mondeaticker, Katepacomen, or Simoa Grirtyj, Mendies or Davis, Pessquelonckiaa, or To Com- Killachkpcher, or Andrew pass, Trump, Waytskonowas. Deputies : Killbuck, Telapiskeva, Keyereyanghing, Luquest, or flower. Lahalapowhy, or Kitcbin, " Brother : '* You desire to know the Deputys & Hostages we should appoint } you have now their names, and these are the men. You also re- quired of us the man who had killed one of your Soldiers ; it is not in our power to deliver him, but as soon as we can discover who he is, & of what Nation, we shall inform you, and then you can de- mand him of his Chief." A String. Colonel Bouquet's answer. " Brothers : "I am glad you have appointed the deputys and Hostages re- quired of you. I have no objection to the persons you mentioned; they shall be well treated, & we shall take the same care of them as of our own people. " I am satisfied for the present with what you say in regard to the man who has struck us; as soon as I shall know of what Nation be is, I shall demand him of his Chief, and you will then be clear of the blame. " I do not think it proper that any of your people should go to our Settlements, The Inhabitants not yet being reconciled to you, but if some of you are desirous of going to Fort Pitt, you may with safety." A String. The Beaver spoke : " Brother : " We now produced to you the Deputies we intend to send to Sir William Johnson ; as they cannot understand nor express them- selves in English, We beg you will send an Interpreter with them." A String. Col. Bouquet's Answer. " Brothers : " You shall have from me all necessary assistance, & if you tell me what man you chuse for an Interpreter, I will appoint him." A String. The Beaver's reply : " As Owens speaks our language so well, and is accustomed to the Woods, We should be glad that he could accompany them." PROVINCIAL COUNCIL, 229 Colonel Bouqmet: *' They shall kave him." The Colonel then spoke to their Chiefs; " The Chief of the Turtle Tribe having given me great reason to be dissatisfied with his Conduct, I depose him this moment; he is no more Chief; That Tribe is therefore to choose another Chief, & present him to me, and I will confirm him, and he shall be King of the Turtle Tribe, and acknowledged as such by the English." A Belt. Sichoumeack, for the Two feathers, & Cockadau, is to go with the Captives to Fort Pitt. Minutes of a Conference held with the Shawanese, Nov' 12th, 1764. present: Col. Bouquet, with the Officers and several Gentlemen, as men- tioced in the former Conferences held with the Delawares, Indians : Keissenancthat, & Lawissirao, Nimisha, Binsivasina, Shawanese, Ewenecumee, Chiefs, Red Hawke, Keightughque, & 40 Warriors. The Red Hawke, 'Speaker. •** Brother : " We are come to this place to see you, & thaak Grod tSiat we are here met together, which gives us all a great deal of pleasure. ^' Brother : " You will listen to us, who are yosir Young Brothers, & as we discover something in your Eyes which shews you are not satisfied with us, We now wipe away every thing bad between us, that you may «ee clearly ; and as you have heard many bad Stories, We likewise clear your Ears, that you imay hear us speak, & remove every thing bad from your heart, that it may be like the heart of your Ancestors when they thought of nothing but good; we now hope, as you are a Warrior, that you will think of nothing but good. A String. " Brother : " When you arrived at this place, & we were informed of your ■desire, we immediately set about gathering your flesh & Blood, and accordingly all that could be collected by this time we have here brought to you, but there remains more among us, which you may assure yourselves you may see in the spring. 230 MINUTES OF THE " Brother : " One Year and an half ago we made a Peace with you at Fort Pitt, which was soon after broke, but that was neither your fault nor ours, but the whole blame is to be laid on the Ottawas, who are a foolish People, and are the cause of this War. When we now saw you coming this road, you advanced towards us with a Tomahawk in your hand, but we, your younger Brothers, take it out of your hand and send it up to God to dispose of it as he pleases, by which means we hope never to see it more ; And now, Brethren, we beg leave that you, who are a Warrior, will take hold of this Chain of Friendship & receive from us, who are always Warriors, & let us think no more of War, but to take pity on our old men. Women and Children. A String. " Brother : " Since the peace we made at Fort Pitt, many of our Young men on both sides have been killed by this War, occasioned by the Ottawas, but I now bury their bones, so that they shall be no more seen. " Brother : " Now we have thrown away every thing bad out of our hearts, we hope you will hear favourably, our good men who are not now at home, but will surely come and speak with you in the Spring at Fort Pitt, and then you shall hear nothing but good. A Belt. " This is all your younger Brethren have to say to you at present." They then produced the following Messages, Letters, and Trea- tys, which were read : ''A Treaty held with them in April 21th, 1711." "A message from Governor Gordon, December 4th, 1750." "A Letter from Thomas Penn, Jan^ l8th, 1732." "Another Letter from Governor Thomas, 15th August, 1742." "'After which he added, now Brother I beg that you who are Warriors may forget our disputes, and renew the ancient Friend- ship which appears by these papers to have subsisted between our Ancestors." Col. Bouquet's answer: " Captains and Warriors : " I have heard your Speaker & have seen the papers you have laid before me ; I shall take them into Consideration, & to-morrow morning I will give you my answer at this place, in the meantime I will receive the few prisoners you have brought us." They deliv- ered 36 prisoners. PROVINCIAL COUNCIL. 231 At a Conference held with the Shawanese at Muskingham, 14th Nov'- 1764. PttESENT : Colonel Botiqnet, with the same Officers and Indians at a Con- ference of the 12th. Col. Bouquet's Speech to the Shawanese : ■^^ Captains and Warriors : " The Speeches you deliver'd the day before Yesterday would have been agreeable to me if your actions had cor- responded with your w^rds. You spoke much of your dispositioa for a peace, but at the same time you neglected to comply with the only Condition upon which you can obtain it. To set this matter in a clear light, I will repeat to you what has pass'd between me & your chiefs : I received a message by two Indians at Fort Pitt, of the Six Nations, who are impower'd by the Senecas living upon the Ohio, the Delawares, Sha-wanese, to ask for peace. 1 told them if they were desirous of peace, your Chiefs should come to Tusca- Towas, and speak themselves to me ; accordingly, Kussenauchtha met me at that place a month ago, with some of your people, and having heard the Condition prescribed to the Senecas and Dela- "wares, he told me he likewise accepted them for the Shawanese, & that they would certainly come to me at this place in ten days, when they would deliver up all their prisoners. In consequence of that Engagement, I did not attack you as I had intended, but have waited for you at this place ever since- You are come at last, bring- ing only a small parcel of the prisoners, and you propose putting •off the rest till the Spdng. The Delawares have been equally con- •cerned with you in this ^Var; they have submitted to the Condi- tions I re<[uired of them, fully complying with every part of their Engagements with me, & have given me entire satisfaction by their Conduct in the Course of this Transaction. What right have you to expect different terms ? I shall cut this matter Short with you, and before I explain myself further, insist upon your giving me an immediate answer to the questions I shall ask you. A String. " 1st. "Will you immediately collect and deliver up all the pris- oners in your possession, Men, Women, and Children, & the French, living among you, with all the Negroes you have taken from us, either in this or in any other War, & that without exception or Eva- sion whatsoever. "2d. Will you give Sis of your people as Hostages, to remain in my hands as Security that the above prisoners shall be delivered "without delay, and that your Nation co^nmit no Hostilities against the persons or propertys of his Majesty's Subjects." A Belt. ' ( 232 MINUTES OF THE Their answer, (Benwisaker, Speaker). "Brother: "What 3'ou have now required, we agree to; Six of our people shall go with you as Hostages, and I, myself, -will immediately re- turn to our lower Town, and collect all your flesh and Blood, that you may see them as soon as we can carry them to Fort pitt ; as to the Frenchmen you desire to be delivered up, we cannot do it; they are your prisoners, do with them what you please ; but we be- lieve they are return'd before this time to their own Country.'^ . Here they named ihe following Hostages : Red Hawke, or Mesquepalathee, Keightighqua, or Tawnamebuck^ or Comblade, Wakecawpa, or White Legs, Ewickunwec, or Hurst- ler, Neightthakeina. Colonel Bouquet's answer : " Captains & Warriors : "As you have consented to the Terms I offered you, I will now treat you with the same indulgence I have shown to the Delawares^ and put you in the way to renew the Friendship which formerly subsisted between us. A String. "I came here determined to strike you with a Tomahawk in my hand, but since you have submitted, it shall not fall upon your heads, I will let it drop and it shall no more be seen. I bury the bones of all the people who have fallen this War, and cover the place with leaves, so that the place shall no more be perceived. A Belt. "Having now buried the dead, and seen that you have removed every thing bad from your hearts, I will again treat you as Brothers & speak to you as such. A String. "Brothers, "As you arc now going to collect all our Flesh and Blood remain- ing among you, to deliver them up as soon as possible at Fort pitt, I desire you will use them with tenderness, and look upon them as Brothers and no longer as Captives, and as thoy have several rela- tions who are anxious to see them, I intend to send some of them with you from this Army, and I intend to send some to assist you in bringing them to Fort pitt. — I hope you will give them all the assistance in your power. A String. "Brothers, "I have now settled with you every thing as Warriors, what re- mains concerns the peace, and will be settled with your Chiefs."' PROVINCIAL COUNCIL. 233 Colonel Bouquet' s speech to the Chief of the Shawanese: ^'Brothers, "Every condion preliminary to a peace having been concluded upon between us, I permit you to appoint Deputys to go to Sir William Johnson to make peace ; — The same Deputy s are to have the like power to treat for your nations, and you are to promise to execute punctually what shall be stipulated to them at that Treaty j as soon as you have appointed them you will present them to me & I will give them Letters for Sir William Johnson, to inform him of what has passed between us at this place." A Belt. The Cochnewagas, addressing the Shawanese with a string of Wampum, told them they were glad to see them settle matters peace- ably with their Brethren the English, & bid them be strong in doing good, & that then peace would last forever. A String. King Beaver, addressing the Shawanese. Grand Children, "I gives me great pleasure to see you comply with every thing required of you by your Brothers the English, and as they have de- sired to see all their Flesh and Blood, be strong, deliver them all up as we have done, & then we may expect everlasting peace, and observe what our Uncle Cochuewaga Indians have said to you." A Belt. Keyashuta, addressing the Shawanese. " Brothers, ' " Be strong and perform every thing you promise, & I desire you will appoint some of your wise men with the Deputys going from the Delawares and us." Bennawisker, returned the Cochnewagas and Senecas thanks for the good advice they gave them, and said his nation would hold fast by the Friendship now settled, as it was what they long wished for. A String. Then told Colonel Bouquet that he would immediately go back to his Towns, to make his people acquainted of what had pass'd, as it would give them all a great deal of pleasure. The end of the Journal & Conferences with y* Western Indiana. 234 MINUTES OF THE "By the Ronourahle JOHISf PENN, Esquire, Lieutenant Gov- ernor and Commander -in- CJiief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware. "A PROCLAMATION. " Whereas, I have received information from Colonel Henry- Bouquet, Commanding his Majestj^'s Forces on an Expedition against the Delaware and Shawanese Indians, and others concerned with them in committing Hostilities against his Majesty's Subjects within this Province, that at several Conferences he very lately held with the said Enemy Indians, and Seneeas living on the Ohio, at Tuscarowas, Muskingham, & other places in the Indian Country, They had, in the most humble and submissive manner, sued for peace, and had ageeed to and complied with the Terms he had pre- scribed to them, by the actual delivering up above Two hundred Prisoners, & giving Hostages as a Security for restoring all that yet remain in their possession, and that they should commit no further Hostilities against any of his Majesty's Subjects; And upon these Conditions, that he had granted the said Delaware and Shawanese Indians, & Seneeas living on the Ohio, permission to send Deputies from their respective Tribes to Sir William Johnson, his 3Iajesty's sole Agent for Indian Affairs, to conclude with him a final and lasting Peace. I have therefore thought proper, by and with the advice of the Council, to issue this Proclamation, hereby strictly charging and commanding all Officers, Soldiers, and others, his Ma- jesty's Subjects within my Government, that they cease and forbear carrying on an Offensive War, or committing any Acts of Hostility against any of the said Delaware, Shawanese, or Seneca Indians, until my further pleasure shall be made known therein, as they will answer the contrary at their peril. "Given under my hand and the Great Seal of the said Province, at Philadelphia, the fifth day of December, in the fifth Year of His Majesty's Reign, and in the Year of our Lord, one thousand seven hundred and Sixty-four. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, J'- Secretary. "GOD SAVE THE KING." PROVINCIAL COUNCIL. 235 At a Council held at Philad"^ on Friday the 7th Deeember, 1764. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca. Lynford Lardner, ") Thomas Cadwalader, >■ Esq" Richard Penn, ) The Governor laid before the Board a record of the Conviction of Jane Ewing, of Chester County, for murder, at a Court of Oyer and Terminer and General Gaol Delivery, held at Chester the 30th day of November last, before William Allen, Esq""' Chief Justice, and Alexander Stedman, Esq''' one of the Justices of the Supream Court, by which record it appeared that the said Jane J]wing was legally tried and convicted of Felony and murder, committed on her own Bastard male Child, the 3d day of April, 1763, and had received sentence of death for the same ; The Board taking the matter into Consideration, advised the Governor to defer the coming to a resolution on it till a future time, in order to discover from the Friends or neighbors of the said Jane Ewing, whether there may not be some favourable Circumstances in her case to alleviate her Guilt. The Commission of the Peace for Bucks County was again con- sidered, and the following Gentlemen were agreed on to be Justices of the General Quarter Sessions of the Peace & of the County Court of Common Pleas for the County of Bucks, and a Commission was issued accordingly, viz'' : The Members of the Proprietary & Governor's Council, & Gilbert Hicks, John Wilkinson, Joseph Hart, Wm. Yardley, Richard Walker, Henry Winecoop, John Jameson, Robt. Patterson, Jno. Abr. Denormandie, Wm. Irvin, Jacob Bogart, Beuj. Mathews, Thomas Barnsley, John Greer, Joseph Kirkbride, John Harris. A special Commission was also issued appointing John Adlum and William Smith, Esq"' Justices of the Peace and of the County Court of Common Pleas for the County of York. 286 MINUTES OF THE At a Council held at Philad*' on Wednesday, y" 9tli Jan'y 1765. PRESENT. The HoQ'ble. JOHN PENN, Esquire, Lieuten'- Governor, &ca. Benjamin Chew, *] Lynford Lardner, vEsq"" Richard Penn, J The case of Jane Ewing, convicted of Felony and Murder com- mitted on her own Bastard Male Child, being again considered, & there appearing to the Board not a single Circumstance in her fa- vour, but on the contrary, it being reported to the Governor by the Justices of the Supream Court that she discovered on her Tryal no kind of remorse, & that her case was attended with aggravated Circumstances, the Council advised the Governor to issue a War- rant for her Execution on Saturday the 19 th day of January instant. In the Council Chamber, Philad"' Thursday 10th Jan^- 1765. present: The Hon'ble. JOHN PENN, Esquire, Lieutenant Governor, &ca. Lynford Lardner, Richard Penn, Esq"- A Committee of Assembly yesterday waited on the Governor, and acquainted him that the House were met pursuant to Adjourn- ment, and requested to know at what hour to day they might present their new Speaker, whom they had made choice of at their last meeting, during his Honour's absence, in the room of Isaac Norris, Esq'"' who, by his indisposition, was rendered incapable of attending on the publick Business, And the Governor having appointed this day at 12 o'clock for that purpose, sent a Verbal Message by the Secretary, to the Assembly, t^at he was ready in the Council Cham- ber to receive the House with their Speaker, t^ „._ Benjamin Chew, Richard Penn, 3 The four following Bills sent up last Week to the Governor by the Assembly for his Concurrence, were laid before the Board, Viz': 1st. "A Supplement to an Act entituled 'An Act for the relief of insolvent debtors within the Province of Pensylvania.' " 2d. " An Act the better to enable the persons therein mentioned to hold Lands, and to invest them with the Privileges of natural born Subjects of this Province." 3d. "An Act for the relief of Robert Lettis Hooper, Jun'' a pri- soner in the Gaol of Philadelphia, with respect to the Imprisonment of his Person." 4th. " An Act for the relief of James Pearson, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his person." Which being severally read & considered, the Governor directed the Secretary to return them to the House, ■with a few amendments to the three first, and to acquaint them that he agreed to the last mentioned Bill. The Governor laid before the Board a Letter from his Excellency ' Gen'' Gage, Commander-in-Chief of all his Majesty's Forces in North America, which follows in these words, viz'-: A Letter from General Gage to the Governor. ''New York, Decern'- 7th, 1764. "Sir: " It gives me great pleasure to be able to acquaint you that, by an Express arrived from the heads of Muskingham, I am informed that the Shawanese and Delawares, and other Tribes on the Ohio, have been reduced to the most humiliating Peace by his Majesty's Arms, under the Command of Colonel Bouquet, and that a general Peace is now made with all the Nations who had risen in Arms against us. " The perfidy of the Shawanese & Delawares, the Contempt they shewed us, and the breaking through all the ties and engagements which even Savage Nations hold sacred amongst each other, made it absolutely necessary to reduce them by Force, and to march into their Country. The Troops under Col"- Bouquet have penetrated into the heart of their Settlement, and obliged them to deliver up all PROVINCIAL COUNCIL. 239 their Prisoners, even their own Children born of "White Women, and to send deputies to Sir William Johnson, to settle a peace upon such further terms as should be imposed upon them; for the per- formance of the last, and as a Security that no further Hostilities should be committed, a number of their principal Chiefs have been delivered up as Hostagps ; about Two hundred prisoners had beea delivered into our hands, and more were expected from the Sha- wanese. Several of our parties had been sent into the Villages of that Nation, to assist them in collecting the Captives and bringing them to Fort Pitt. *' I take the first opportunity to congratulate you on the happy Conclusion of all Hostilities with the Indian Nations who had ap- peared in Arms against his Majesty, and to enable you to give such notice as you see convenient, to the Merchants, that the Trade may be again carried on with the several Nations. " In consequence of this Peace, I beg leave to observe to you that I am informed the Government of this Province intend pub- lishing a Proclamation, not only to prohibit all Hostilities against the Indians, but likewise, to open a Trade with them, on condition that the Traders take Lycences of the Governor, and give Bond and Security that they do not expose to Sale, or Sell to the Indians, but at the posts that are already, or shall be hereafter established ; I should be glad to know whether you pursue the same method, or make any further regulations respecting the trade with the Indians, that I may have it in my power to give notice thereof to the Offi- cers Commanding at the several Posts, to enable them to see that the Traders do strictly comply with the Terms of Trade prescribed to them by the Government to which they belong. " I am, with great regard. Sir, " Your most Obedient, humble Servant, " THO"- GAGE. " Hon. John Penn, Esqr." The Council having taken the said Letter into consideration, were of Opinion, that as the Governor had not been informed of the Success of those Deputies of the Western Indians who were sent by Col. Bouquet to Sir William Johnson to negociate and ratify with him the Terms of Peace which had been proposed or stipulated in the late Expedition to the Westward, under the Commaid of the said Col. Bouquet, and, as it is yet uncertain what may be the Con- sequences of the Desertion and Escape of the Shawanese Hostages, the Governor should defer issuing a Proclamation to open a Trade with the Indians, according to his Majesty's Royal Proclamation of the 7th October, 1763, or taking any measures to enforce the same, 'till he has full information from Sir William Johnson that a Gen- eral Peace is actually concluded with the said Western Indians. The Governor, accordingly, wrote an answer to Gen'- Gage to that effect. 240 MINUTES OF THE At a Council held at Philadelphia, on Wednesday 30th Jan'' 1765. PRESENT : The Honourable JOHN PENN, Esq"' Lieutenant Governor, &c*- Lynford Lardner, Benjamin Chew, Richard Penn, Esq"" The Governor laid before the Board a Letter from the Commis- sioners & Assessors of Philad^- County, in answer to one his Honour wrote the 17th Instant, to the Provincial Commissioners of appeal, concerning the Taxation of the Proprietors' located uncultivated Lands, which Letter was ordered to be entered in the Minutes of Council, and is as follows, viz'-: " Philadelphia, 26th January, 1765. " May it please the Governor : " Thomas Lievzy and Philip Syng, Esq"' two of the Provincial Commissioners of Appeal, has laid before us a Copy of the Gov- ernor's Letter, dated the 17th Inst., in which the Governor is pleased to inform us, ' that the Proprietaries do not wish or desire that their located or uncultivated Lands belonging to the Inhab- itants, under the same Circumstances of Situation, kind, and quality, shall be assessed.' This information, we conclude, is given by the Governor as a guide and direction to us in Assessing that part of the Proprietary Estate under the late Act of Assembly for grant- ing £50,000 to His Majesty's use. We have, therefore, taken the said Act, with the Substance of the Governor's Letter, into our serious Consideration, and are of Opinion, from the express tenor of the Law, and our respective Qualifications taken in Conformity therewith, that we cannot, in any shape, alter the mode of Taxa- tion pointed out and enjoined by that Act, Viz'-: ' That the best of the Located and unimproved Tracts of Land, belonging to the Inhabitants, shall be rated at Fifteen pounds '^ hundred acres ;' and that by a subsequent provisionary Clause, ' That the located uncultivated Lands belonging to the Proprietaries, shall not be assessed higher than the lowest rate at which any located unculti- vated Lands belonging to the Inhabitants, shall be assessed.' " From this state of the Facts, you will readily perceive that it is not in our power, under our present Circumstances, to pur- sue the mode of taxing the Proprietary located uncultivated Lands pointed out by the Governor, and that nothing can enable us to . PROVINCIAL COUNCIL. 241 comply with the Governor's request, in that particular, but a Law to be made for that purpose. " We are, Sir, " Your most Obedient, humble Servants, "BARNABY BARxNES, AND^^- BANKSON, 'JOSEPH STAMPER, ' M ATHIAS HOLSTEN, 'JACOB UMSTAT, 'JOSEPH KING, 'ENOCH STORY." The said Letter being read and considered, the Council advised the Governor to lay the same before the Assembly, accompanied with a written Message recommending to them to frame a Supple- ment to the Act for granting £55,000 to the King's use, in order to enable the Commissioners and Assessors to tax the Proprietors' Lands in the manner they have desired. A Message being accord- ingly prepared and approved, was sent to the House with the above mentioned Letter, and follows in these words, viz'- : A Message from (he Governor to the Assemhly. " Gentlemen : "The Proprietors having signified to me that they do not wish or desire that their located uncultivated Lands in this Province, should be taxed in any other manner than at the lowest rate at which any such Lands belonging to the Inhabitants under the same Circumstances of Situation, Kind, and quality, should be assessed, I took care to make known the proprietor's sentiments on this Subject, to the Provincial Com- missioners of Appeals in the several Counties, desiring them to publish the same to their respective Commissioners & Assessors. This matter having been laid before the Commissioners and Asses- sors for the County of Philadelphia, they, by their Letter of the 2t)th Inst'- (which I have ordered to be laid before you), have in- formed me, that on considering the late Act for granting £55,000 to the King's use, they cannot, from the express Tenor thereof, and the qualifications they have taken, tax the located uncultivated Lands of the proprietors in the above mode, and that a new Law is necessary to enable them so to do. As, therefore, they cannot put the construction on the Words of the royal Order, inserted in the said Act, which the late Assembly contended for, and the Proprie- tors are willing to submit to, I recommend it to your Consideration, whether it is not expedient to frame a Supplement to the said Act, to amend it in this particular. " JOHN PENN. " January the 30th, 1765." VOL. IX. — 16. 242 MINUTES OF THE January 31st, 17G5. Two Members of Assembly waited on the Governor, with a verbal Message that the House agreed to the Amendments his Honour made to the three Bills which had been returned to the House, and desired he would be pleased to appoint a time for passing them & the other he had agreed to, as soon as possible; to which he made answer, that he should be ready for that purpose on Saturday next. In the Council Chamber, Saturday 2d February, 1765. PRESENT : The Honourable JOHN PENN, Esq^- Lieutenant Governor, &ca. Lynford Lardner, & Richard Penn, Esq"- The Governor returned to the House, by the Secretary, the Bill which they had sent up for his Honour's Concurrence, entituled "An Act for the relief of Walter Pavis, a languishing Prisoner, in the Gaol of Philadelphia, with respect to the Imprisonment of his person," with his assent thereto. A-t the same time the Secretary, by the Governor's directions, delivered a verbal Message to the House, that his Honour waited in the Council Chamber & required their attendance there, in order to pass that Bill, and the other four which had been agreed to. The House having accordingly attended, the Speaker presented to the Governor the five Bills before mentioned, which his Honour enacted into Laws, and signed a Warrant for affixing the Great Seal thereto, which being done, they were deposited in the Rolls Office. The Titles of the said Laws are as follows, viz'-: ^'A Supplement to an Act entituled 'An Act for the relief of in- solvent Debtors within the Province of Pennsylvania.' " "An Act the better to enable the Persons therein mentioned to hold Lands, & to invest them with the privileges of natural born Subjects of this Province." "An Act for the relief of Robert Lettis Hooper, Jun'-' a Prisoner in the Gaol of Philadelphia, with respect to the imprisonment of his Person." "An Act for the relief of James Pearson, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his Person ;" & " An Act for the relief of Walter Davies, a languishing Prisoner in the Gaol of Philadelphia, v.itjii respect to the Imprisonment of his Person." PKOVINCIAL COUNCIL. 243 At a Council held at Philad'- on Monday 4th Feb^" 17G5. PRESENT : The Honble. JONH PENN, Esq'' Lieutenant Governor, &ca. Lynford Lardner, Beujamin Chew, ^ ^ „, Richard Pcnn, The GoTernor laid before the Board two Bills sent up by th3 House last Week for his Honour's Concurrence, entituled as fol- lows, viz'- : " An Act for raising by way of Letter}-, the sum of Three thou- sand and three pounds fifteeu shillings, to be applied to the pay- ment of the Arrears of debt due for the finishing of St. Peter's and St. Paul's episcopal Churches, in the City of Philadelphia, and towards finishing the episcopal Church at Carlisle, and the Building of an episcopal Church in each of the Towns of York and Pleading; & repairing the episcopal Church at Molatten, in Berks County, and the episcopal Church in Huntingdon Township, in York County, and for repairing the episcopal Churches at Chiches- ter & Concord, & purchasing a Globe for the Church at Chester, in the County of Chester." " An Act for the relief of the poor." The said Bills being read and considered, and several Amend- ments made to each of them, were ordered to be returned to the House with the same. 6th February, 1765. ME5I0RANDUM. The Assembly again sent up to the Governor, by two Members, the Bill for the relief of the Poor, with an answer to the Governor's Amendments, that the House adhered to the Bill with respect to fourteen principal ones, & agreed to the rest of them. February 7th, 1765. — The Governor returned to the House the Bill which had been sent up for his Honour's Concurrence, enti- tuled " A Supplement to an Act entituled ' A supplement to the Act entitled An Act for regulating, pitching, paving, and cleansing the Highways, Streets, Lanes, & Alleys, & for regulating, making and amending the Water Courses and Common Sewers within the inhabited and settled parts of the City of Philadelphia,' " with a verbal Message that the Governor ass^^uted thereto; and again re- turned the Poor Bill at the same time, with a reply to tlie answer of the House to the Governor's Amendments, that kis Honour ad- hered to his Amendments objected to by the House. 244 MINUTES OF THE February 8th, 1765. — The Governor received a Message from the Assembly, by two Members, acquainting him that the House pro- posed to adjourn in a few days to the 13 May next, if it was agree- able to his Honour, to which the Governor made Answer that he had no objection thereto. At a Council held at Philad=^- on Saturday 9th Febr^- 1765. PRESENT : The Honourable JOHN PENN, Esq'- Lieutenant Governor, &ca. Benjamin Chew, Richard Penn, Esqrs. A Bill entituled " A Supplement to an Act entituled ' An Act for granting to his Majesty the Sum of £55,000, and for Striking the same in Bills of Credit in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & taxables, within this province." Which was sent to the Governor by the Assembly on the 7th In- stant for His Honour's Concurrence, was read, and one amendment being made thereto respecting the Taxation of the Proprietarie's Lots in Burroughs and Towns, the Bill was ordered to be returned to the House with the same. The Governor laid before the Board a petition from several of the Justices and principal Inhabitants of Lancaster County, recom- mending as an Object of Mercy, a certain Mich'- Keener, who was convicted of Felony and Burglary at a Court of Oyer and Terminer held for the said County in May last, and received Sentence of Death, as appears by the record of his Conviction. The petition and record being read, and the circumstances of his case considered, The Council advised the Governor to grant a pardon for the said Michael Keener, which was issued accordingly. It being considered by the Board that the money granted to his Majesty last Year was nearly expended, & that a further sum would soon be wanted for the support of the Garrison at Fort Au- gusta, till it was judged expedient to disband it, The Council advis'd the Governor to recommend it to the Assembly in a Message to provide a Fund for that purpose. A Message was accordingly .fient to the House, and follows in these words, viz'- A Message from the Governor to the Assernbly. " Gentlemen : " From the great Importance of Fort Augusta to the protection of this Province when engaged in a War with the Indians, I thought it absolutely necessary to keep a Garrison in it the last Year, and am of Opinion, that till the final Conclusion of a peace with the Savages, it will be highly imprudent to abandon that Post. The Garrison has been paid up to the first day of January last, out of PROVINCIAL COUNCIL. 245 the Supplies granted to bis Majesty last Year, but as that Fund is nearly exbausted, I recommend it to you to consider & provide ways and means for the future subsistance and support of the Troops stationed there, till it may be thought advisable either to reduce or disband them. "JOHN PENN. " February 9th, 1765." Monday, 11 February. MEMORANDUM: The Governor returned to the House by the Secretary the Bill sent up for his Honour's Concurrence entituled '' An Act to enable the Owners & possessors of a certain piece of Marsh or Meadow ■Ground herein after described, situate in Kingcessing in the County ■of Philadelphia, & to embank and drain the same, &c., with a message that he agreed to it. At the same time the Secretary carried down to the House the Supplementary Bill to the £5-5,000 act, with the amendments made to it on Saturdiiy last. The Governor likewise issued this day a special Commission ap- pointing Robert Levers and Christopher Waggoner, Esq"- Justices of the Pt;ace and of the County Court of Common Pleas for the County of Northampton. Tuesday, 12th February. Two Members again presented to the Governor the Supplementary Bill to the £55,000 Act, with a Verbal Message that the House adhered to the same. And the Governor immediately returned the said Bill to the House and directed the Secretary to accpaint them tliat he adhered to his proposed Amendment. Thursday, 14 February. The Assembly sent to the Governor by two Members for his ■Honour's Concurrence, two Bills entituled as follows, viz'-' : " An Act for amending each and every of the Acts of Assembly ■of this Province, heretofore made for embanking and draining seve- ral parcels of Marshy L-and, situate in the Counties of Philadelphia & Chester, and for the repairing & maintaining the banks. Dams, & Sluices thereunto belonging," and " An Act for prohibiting the Importation of German or other passengers in too great numbers iu any one vessel." 246 MINUTES OF THE I The former being read and considered, was immediately returned to the House with the Governor's assent, & the latter being a Bill of Importance, was Referred to a further Consideration. The Governor received from the Assembly by two Members a Message in writing, which follows in these words, viz'" : A Message to the Governor from the AssGnibly. " May it please your Honour : " After due consideration of your Message dated the 9th Instant^ we are of opinion that, as the Cannon & other Military Stores at Fort Augusta cannot be at present removed from thence, it may be prudent to defer any Resolution concerning the Evacuation of that post until further certainty of Peace being firmly established with the Indians; yet, in the mean time, as the Fund from whence that Garrison has been paid up to the first of last month, is nearly ex- hausted, we should approve an immediate reduction of the Troops stationed there ; altho' in respect to disbanding the whole Garrison, we can only recommend to your Honour and the Provincial Com- missioners, when more satisfied of the Indian's Fidelity, and Con- veniency offers for Water Carriage from Shamokin, to lose no time in removing the Cannon and Stores above mentioned, & disbanding the remainder of the Garrison, in order to ease the Public of that Burthen, whenever it can be done with safety & Prudence. "Signed by Order of the House, "JOS. FFOX, SpeaJcer. " February, 1765." Friday, February 15th, 1765. Two Members waited on the Governor with a Verbal Message from the House, desiring to know when they might expect his re- sult upon the German Bill now before him ; to which the Governor said, that as it was a Bill of some Consequence, and required time to consider it well, he could not very soon come to a Determination on it. The Members then further addressed the Governor, and ac- quainted him that the House inclined to make their intended ad- journment to-day, and desired his Honour would be pleased to ap- point a time for passing the Bills to which he had given his assent. The Governor answered them that he should be ready for that pur- pose in the Council Chamber, at half an hour after twelve o'clock, and appointed Richard Penn, Esq'' and the Secretary to join with two members of the House, to compare the Original Bills with the engrossed Copies. PROVINCIAL COUNCIL. 247 Eodem Die, 12 J o'clock, P. M. The Governor being in the Council Chamber according to appoint- ment, Sent a verbal 5lessage to the House by the Secretary, to ac- quaint them with the same, & to require their attendance there, that he might pass the Bills which had been agreed on. The House having accordingly attended, Mr. Speaker presented to the Governor four Bills, intituled as follows, viz'-: " An Act for raising by way of Lottery the sum of £3003, 15, 0, to be applied to the payment of the arrears of debt due for the finishing of St. Peter's and St. Paul's episcopal Churches in the C-ity of Philadelphia and towards finishing others, the episcopal Churches in this province, &c." " A supplement to an Act entituled ' a Supplement to an Act entituled ' An Act for regulating, pitching, paving and cleansing the Highways, Streets, Lanes and Alleys, and for regulating, mak- ing & amending the Water Courses & Common Sewers within the Inhabited and settled parts of the City of Philadelphia. ' ' " " An Act to enable the Owners & Possessors of a certain piece of Marsh or Meadow Ground, herein after described, situated in Kingcessing, in the County of Philadelphia, to embank and drain the same." " An Act for amending each & every of the Acts of Assembly of this Province, heretofore made for embanking and draining several parcels of Marshy Laud, situate in the Counties of Phiiad^- & Ches- ter, and for the repairing and maintaining the banks, dams and sluices thereunto belonging;" which his Honour enacted into Laws, and appointed Mr. Lardner & the Secretary to accompany two mem- bers of the House to get the Great Seal affixed to them, & see the same deposited in the Rolls Office. The House then adjourned to the 13th of May next. Thursday Jlorning 16 May, 1765, Two Members of Assembly waited on the Governor and acquain- ted him that a quorum of the Representatives were met and ready to receive any Business his Honour had to lay before them. The Governor answer'd that he had no Business at present to recommend to their notice, but should soon let them know his result upon the German Bill under his Cocsideration. 248 MINUTES OF THE At a Council held at Philad" on Friday 17th May, 1765. PRESENT : The Honourable JOHN PENN, Esq' Lieutenant Governor, &ca. Benjamin Chew Esqr. A Bill entitled " a supplement to the Act entituled ^An Act for pro- hibiting the Importation of Germans or other passengers in too great numbers in any one vessel,' " which was sent up to the Governor by the Assembly in February last, was read & considered, and several amendments being made thereto, it was ordered to be returned to the house in the afternoon with a verbal message, " that as it was presented at the end of the last Sessions of the House, and is a Bill of some Importance, the Governor thought proper to keep it till this time under Consideration, & now returns it to the House with some amendments." The Bill entituled ''An Act for opening and better amending & keeping in repair the publick roads and Highways within this prov- ince," sent up by the House this forenoon for the Governor's Con- currence, was also read and considered, and directed to be returned to the House, with a verbal raessage that his Honour agreed to it. Eodem die P. M. The Governor received a verbal message from the Assembly by two Members, that the House acceded to the amendments made to the German Bill, & having no material Business before them were inclined to adjourn this Week, and desired he would be pleased to appoint a time for passing the two Bills; — On which the Governor acquainted them, he had no objection to their making an adjourn- ment, and would be ready to pass the Bills to-morrow at 12 o'clock^ in the Counsil Chamber. Council Chamber, Saturday 12 o'clock, May 18, 1765. The Geitman Bill being compared with the engrossed Copy,, the Governor sent a Message to the House by the Secretary, requiring their attendance. The House accordingly attended & the Speaker presented the two Bills entituled "A Supplement to the Act enti- tuled ' An Act for prohibiting the Importation of Germans or other passengers in too great numbers in any one Vessel." And " An act for opening & better amending & keeping in repair the Public Roads & Highways within this province;" which the' Gov'' enacted into Laws, k signed a Warrant for affixing the Great Seal thereto^ & they were ordered to be deposited in y''- Rolls Office." PROVINCIAL COUNCIL. 249 The Speaker then acquainted the Governor that the House pro- posed to adjourn till the 9th of September next, if it was agreeable to his Honour j to which the Governor answered that he had no objection. Escf- At a Council held at Philadelphia on Tuesday the 4th June, 1765. PRESENT : The Honorable JOHN PENN, Esq'- Lieutenant Governor, &c. Lynford Lardncr, Benjamin Chew, Richard Penn, The Governor laid before the Board a Letter he last Week re- ceived from George Croghan, Esq''' deputy Agent for Indian affairs, inclosing his Journal and minutes of several Friendly Conferrences he had held at Fort Pitt, with sundry tribes of the Western and North- ern Indians, wherein they had renew'd and Confirmed their En- gagements made with Brigadier Gen'- Bouquet last Fall at Musk- ingham. The said Letter & Journal, &c., were read, & ordered to be entered in the minutes of Council, & follow in these Words, viz'- A Letter to the Governor from George Crogham, Esqr. Fort Pitt, May 12th, 1765. "Sir: " The several Nations of Indians here has been nauch longer coming to this Post than I expected, owing to the Jealousy of each other, each wanting to lead the other, & disputes Subsisting amongst themselves ; however, I have at length got them together, & tho' some of the Delaware's tribes seemed discontented, seeing the Shawanese bring in their prisoners and agree to everything that his Excellency General Gage required of them, with the Senecas, then the Delawares came into the same measures. They have all ap- pointed Deputys of their Chiefs to go to S'- Will"- Johnson, and replace hostages there, amongst which is a Chief of each Nation. They have given me my Choice of their Nations to go with me to the Illinois, and from the disposition of the Nations where I am going (by what I can learn), my Journey would have been but of little Service if I had not settled matters with those Nations first, and got a Deputation from them to go with me. Inclosed I send your Honour a Copy of my Journal since I came here, to which I refer you, for my transactions with the Indians. I am " Your Honours most Obed*- " humble servant, " GEO. CR0GH.4N. "The Hon^'^- John Penn, Esq'-" >50 MINUTES OF THE George Croglian, Esq'rs. Jonrnal of Tranmctions ioith the Iti' dians at Fort Pitt. "February 28th, 1765. Lieutenant Frazier and I arrived at Fort Pitt, where Major Murray informed us that Mr. ]\IcKee had, a fortnight before, sent a Message to the Chiefs of the Dela- wares, Shawanese, Senecas, and Sandusky Indians, desiring them immediately to come to this Post to meet me, but as yet received no answer, and further acquaints me there has been but few Indians here during the Winter. I then went and spoke to the Hostages, who informed me that they had heard from Custaloga, and his Tribe, who was Hunting near Tuskerawas, and that they believed they would soon come into this Post, but heard nothing from the other two Tribes. March 1st. Six Seneca Indians came here from one of the Shawanese Towns, and informs me as follows : "That the Deputation from the Shawanese and Delawares, which was sent last Summer to the Illinois, to Council with the French and Indians in that Country, was returned ; That they had been well received by the French, who, on their arrival cloathed them, and told them they would supply them with every necessary they wanted to carry on the War against the English, and would send traders with them to their towns when they set off; That they had held a Council with nine Indian Nations settled on the Ouabache and Illinois Country, who had all engaged to support them with their whole force, should they continue the War against the Eng- lish; That on those Deputys return to the Plains of Sioto, and being informed of the Terms of accommodation agreed on by their Nations (during their absence), with Col. Bouquet, they then in Council with the Sandusky and Seneca Indians, agreed to abide by their People's engagements, and perform the whole on their part, provided the English would open a free trade & intercourse with them, and supply them with Ammunition, Goods, and rum, as usual, and not prohibit the sale of Powder and Liquors, as they had done before the late differences happened. Those Indians further say that the Shawanese had sent a Message to the French Traders who was then following them to their Towns, to return home; (I much doubt the Truth of this), and that they had sent a Message likewise, to the nine Nations in that Country, acquainting them that they were about accommodating matters with the English, desiring them to sit still 'till they heard further from them in the Spring." March 2d. I dispatched a Messenger to the Shawanese and Senecas, and another to the Delawares and Sandusky Indians, to acquaint them of my Arrival here in Company with Lieu'- Frazier, with Messages from the King's Commander-in-Chief, & Sir Wil- liam Johnson, to their Nations, and desired their several Chiefs would immediately come here to meet me ; I likewise sent a Mes- PROVINCIAL COUNCIL. 251 sage to Pondiae, who, I hear, is among the Twightwces, to meet me at the Mouth of the Sioto, on ray way down the River. 4th. Two Senecas came here from Venango, (where a Hundred of their people was Hunting), to know if a Trade was opened here for the Indians, as they had heard from the Seneca Country there was, all differences being settled by their Nation and the English last Fall, by Sir William Johnson. Delivered a String of AVampura. 5th. JNIajor Murray and I acquainted them there was no trade open'd yet, nor could there be any till the Shawauese &, Delawares had come to perform their Engagements with Col"" Bouquet; thafc we had sent for them, & expect they will be here before the last of this Month ; gave them a Belt of Wampum, desiring them to rest Satisfied till that time, & likewise desired some of their Chiefs to come down, & hear what would pass between us & those Nations. 17th. Andrew, a Huron Indian, & a Frenchman, one Alexander Masonville, came here with dispatches from Col"' Campbell, at Detroit, to the General. 20th. Lieuten'- Frazier informed Major Murray & me, that the Gen'' Instructions to him was to be at the Illinois at all Events, the beginning of April; that as the Indians was not met here, he proposed to set off down the River in two or three days, as the Service he was sent on was of a diiFerent nature from mine, and de- sired I would employ Mr. Maisonville and Andrew to go with him, that the Service he was going on might not suffer. 21st. With the approbation of Major Murray, I employed An- drew & IMr. Maisonville (Interpreters), with a Shawanese, Seneca Indians, to accompany him, and furnished him with Wampum, Sil- ver Truck, & other necessaries for his Journey, that the Service "^ might not suffer by any delay the Indians might give me here, or his want of any assistance in my power to give him. 22d. Two Delaware runners came here from Custalogo, to let us know that he had forwarded the Messages sent him, & expected that all the Nations would be on their way here by this time, Sl that he would come in a few days. 23d. Several Delawares came here to trade with what peltry they had, for Goods, but not being suffered, they seem'd very sulky. 25. Several Senecas from Venango came here, expecting the Shawanese, Delawares, & Sandusky Indians was come, but finding they were not, determined to wait their Arrival. 28. Three Shawanese and one Seneca came here from the lower Shawanese at the plains of Sioto, with a Message to let me know that my Message had come to their Town two days before they left it, and that their Chiefs had sent them off to acquaint me they were collecting all our Flesh & Blood together, (meaning the P]ng- lish Prisoners), i:.nd were to set off in two days after they left it, and would make all the haste in their power up with them, but, as the Weather was so severe and the Waters high, they could not make that dispatch they could wish. 252 MINUTES OF THE April 1st. Four Delawares came here from one of their Towns, where two of their Tribes was collected together in Council, and said they were sent by their Chiefs to inform us, That altho' Cus- talogo had sent word their Chiefs would come here, yet their two Tribes could not, one of their Men having been called up to Hea- ven by the Great Spirit of Life, who told him that he must ac- quaint his Nation that before they made Peace with the English, they must consult with the Quakers of Philadelphia, who would direct them how to make a lasting peace, & desired I would send for some of them to come here, then their Nation would come in & make a Peace; And as the great Spirit had told this man several things of great Consequence to them, desired that Mr. M'Kee might go there & commit it all to writing 2d. Major Murray and 1 made those four Delawares the follow- ing answer on a Belt of Wampum. <' Brethren : " We are surprized at the Message you delivered us Yesterday from the Chiefs of the Delawares; the man you mention who says he spoke to the Great Spirit, you may be assured is deceiving your people, as we are persuaded he never spoke to him. Your Nation agreed to terms of accommodation last Fall with Col. Bouquet; in part they have complied with those Terms. They begged of him for peace in the most submissive manner, and your Brethren, the Eng- lish, thought your Nation would be the first to come here when sent for. We have received Messages from the Senecas, Shawanese, and Sandusky Indians, that they are now on their way here; there is the Messengers that brought us those accounts, and are to stay here till they arrive. You will, therefore, return to your Chiefs, & let them know that no People whatever, in this Country, can give you Peace but the King's Commander-in-Chief; and we desire them to come here with the other Nations, and comply with your Engage- ments to Col. Bouquet, & not suffer themselves to be amused by Idle Dreams or Stories that may be told them by any body." A Belt. 6th. Four Six Nations arrived here in a Canoe down the Monaun- gahela river, with five Cherokee Scalps ; they met a number of Vir- ginia Hunters on the heads of New river, who had like to have killed them. 13. Several Munsie Indians came here in Canoes down the Ohio, from their Village above Venango, and brought two English Prison- ers, which they delivered up, both Girls ; one about twelve, the other about Nine Years of age; they were taken Young; can't speak a word of English ; one was taken near Shippensburg, the other near Juniata, in Cumberland County, Pennsylv'' 14. About Eighty Seneca Indians came here from their Town at the Two Creeks, and brought with them a quantity of Skins & Furs, expecting to Trade. In a private conversation with Major Murray & me, they informed me that two Tribes of the Delawares were very much aversed to PROVINCIAL COUNCIL. 253 making peace with the English, till the return of Kill Buck from Sir William Johnson, & then if ihey liked the terms, they would stand to them, but not otherwise ; that they called Custalngo an old Woman for agreeing to the Terms he did with Col. Bouquet; that they wanted to fight, & would have cutt off that Army had it not been for him, & they have been striving all this Spring to pre- vent the Shawanese, Senecas, k Sandusky Indians from coming here with the English Prisoners, telling the Indians, in Public Council, as the French and the Nine Nations, living on the Oqua- bacbe and Illinois Country, have agreed to supply & support us in the War against the English, as we shall be able to drive them out of this Country in less than two Years. But those Indians say that Giashutha, with the rest of the Senecas, Shawanese, and Sandusky Indians, with all the English prisoners in their Nations, are now on their way here, & would have arrived by this time had it not been for the Delawares, Custaloga and his Tribe being the only people of that Nation willing to be at peace with the English. 18th. — Two Delaware runners came here from their Chiefs, to inform us they had accepted of the invitation I had sent them, & was now on their way here, and would endeavour to be here as soon as the other Nations. 19th. — The several Indians now here, which is about Two hun- dred, seem very sulky, on account of their not being suffred to Trade, notwithstanding I have made use of every argument in my power to explain to them the reason of it. 20th. — I dispatched four Indian runners to meet the several Chiefs with the messages, to press them to make all the dispatch possible here. In the afternoon the Beaver, with several Dela- wareS, came here, with several horses, loaded with peltry, in order to Trade, when I informed them that no Trade could be permitted till the several Nations had performed their engagements to Colonel Bouquet. 21st. — A number more Delawares arrived here with several Horse loads of peltry, in order to Trade. 23d. — Four Senecas came here, who informed me they see a Battoe, with several White men, going down this river about 25 days ago, and asked me where they was going, on which I told them ; they then said I was wrong in letting them go, as they knew the French had incensed the Indian Nations that way against the English, and that unless a number of the Shawanese & Delawares would undertake to reconcile those Nations to the English, they were of opinion it would be very difficult to do it any other way. 24th. — The Newcomer or Noatwhelama, arrived here, with most of the Warriors of his tribe, when he made a long speech to Major Murray, & me by way of Compliment. 25th — Custalogo arrived here, when he and his Tribe saluted the Garrison with Three discharges of their Guns, which Major Murray ordered to be returned with three Cannon. 254 MINUTES OF THE 26tli — Six Delaware Indians arrived bore from Sir William Johnsou, and brought a Letter to the Chiefs of the Delawares, which I interpreted and explained to them in a meeting which Major Murray & I had with them on that occasion. In the Evening, about Twenty more Delawares came here with several horses loaded with Skins & Furs. 28th.' — Four Shawanese runners came here with the Callimutt of peace, belonging to their Nation, and attcr smoaking out of it, they informed Major Murray & me, that the Chiefs of their Nation was on their way here with all the English prisoners, which was the reason of their being so long on the road, the prisoners not being able to travel fast, but that they would be here in three or four days, & desired us not to be uneasy till they arrived. 29th. — I had a private meeting with the Chiefs and principal Warriors of the three Tribes of the Delawares. When they brought the Indians they say had been lifted up to Heaven, and had spoke to the great spirit or giver of Life, I spoke to him and desired to know what the great Spirit had told him ; He remained Silent for some time, and then spoke as follows : " Brethren : " It is now one hundred & fifteen days since I saw and spoke with our Father which is in Heaven, by which I know every thing on Earth, and good from bad ; I have likewise been informed how far our great Father allows us to know his Will, and in what manner we ought to proceed in order to make a firm and lasting Friendship be- tween one another, and the persons amongst the White people to whom we are to Speak to on this bead, by order of our Father, are the Quakers. We are sensible of the misunderstanding that has been between us, and know we ought to be as one people, having but one Father. God, when he first made us and seated us on this I^arth, considered us as his people, and gave us directions in what manner to live ; and now this second time has discovered himself to me, acquainting me with the method we ought to pur- sue to live agreeable to his desire; he spoke to me concerning all the people which inhabit this Continent. " Now, Brethren : " We have got as much of his Sentiments as will be sufficient to direct us to live in firm Friendship, and it will be happy. Brethren, if we adhere to the advice our Father has given us; it will do us both good; As we are people of different Colours who inhabit this Continent, our Father has likewise spoke to my Chiefs by me, giving them an advice in what manner to behave as Kings, and now they will act as Kings. " Brethren : '< We are fully determined to comply with the Orders of our Great Father, as we don't think it would be right to disobey him; and desire you will join us, and let us both comply with his request; it will be better for us. We are his people, & he is our Father ; PROVINCIAL COUNCIL. 255 you know, Brethren, if we do not do as he desires Us, it will not DC good for either of us." 30th. — Several Chiefs and principal Warriors of the Delawares, in a private Meeting, told me that the great Spirit had told them, as they were the first Nation that met the Quakers when first they came to Philadelphia, they ought to be the first apply'd to in ma- king a lasting peace for all other Nations in this Country, and if they would agree to that, they would make a peace & bring all other Nations into it. I told them I was well acquainted, by other Nations, that this was what they wanted, that I was much surprized at their Conduct after what they had promised to Col. Bouquet, and that the Qua- kers could not make peace with them ; That as soon as the Shawa- nese come, I would deliver the General's messages to them, which if they complied with, It would be well for themselves, as all other Nations had made their peace with Sir William Johnson, except them & the Shawanese ; 'J'hat the Shawanese was now coming in order to go to Sir William Johnson to make theirs, and if they would not they must go to the Quakers or sit alone in the Woods, for it was out of my power to comply with their request. May 1st. — Two Indians from Sandusky came here and says that about 30 days ago a Frenchman from tlie Uinois passed by the Mi- amies Village towards Detroit, and told all the Indians he saw that the King of France, their Father, had sent a large quantity of Goods to New Orleans, for to supply his Children, the Indians in this Country, & would send them more next Year. Last Night, two principal Warriors of the Delawares, differed in Council & stabbed each other in such a manner that their Lives is dcspair'd of, which throw'd all the Tribes of that nation in such confusion that Major Murray & I was obliged to speak to them on three Belts of Wampum, to reconcile them to each other. 2d — A number of the Shawanese arrived here, with part of the English prisoners, and saluted the Garrison with a discharge of their Guns, which was returned by three Cannon, after which they came over the river & informed that the rest of their people would be here to-morrow. 5tli. — The Messenger that I sent to meet part of the Shawanese return'd, & says that some of the prisoners was sick, which delayed them so long on their way here, but that they expected them to morrow Evening. 6th. — A number of Senecas arrived here, and say the Shawanese would not get here till to-morrow morning. 7tli — The Shawanese arrived with the last of the White priso- ners, & saluted the Garrison with two rounds, which was returned by tliree Cannon, then made several Compliments to Major Mur- ray &. me for their delay on the road and the time it to k them to collect the prisoners together before they sett off, being determined not to come till they could deliver them up .nd cm ply with their other engagements, as their whole Nati a wa.s resolved to 256 MINUTES OF THE make a lasting peace with their Brethren, the English, which shall never be broke on their side, and hoped their Brethren would not give any occasion for the future to excite their Jealousy or suspicion (meaning the English.) In the Evening two Senecas arrived here from Chenessies on business to the Senecas, Shawanese, & Delawares, and by what I can learn, their Business is to enquire what Success the Shawanese, Delawares, and Senecas had last Fall, at the Illinois, with the French and Indians there, those two men has told the Senecas here that the Six Nations are so divided in their Councils, that they had not agreed to go to Sir William Johnson when they left home, the' be had sent several Messages for them. 8th. — The Shawanese & Senecas sent for Major Murray & me and performed all the Ceremonies of Condolence, as usual on Meet- ings of this Nature." At a meeting with the Chiefs of the Shawanese, Delawares, Se- necas, & Sandusky Indians, at Fort Pitt. PRESENT : Major William Murray, & several Officers of the Garrison. Dtlaivares. Neattawatways, Custaloga, The Beaver, Latort, Tepiscochan, Kelopum, )■ Chiefs. Spoagusa, Ncsseuletham, Cuscalethon, Kehewenum, Capt"- N. Jacobs. Wingenuna, Cutfinger Peter, Capt"- Pipe, Capt"' Johnny, Capt"- Grey Eyes, Turtle Heart, Sun Fish, • Chief White Wolf, I Warriors. John Peters, Thomas Hickman, Kecholan, Opeloawethin, Wessoaux, Simon Girty, With 215 Warriors, besides ") Women and Children. J [^ Chiefs. J I Chief ,' Warriors. Shawanese Kisinoutha, Lawoughgua, Thaminusque, Lawisimo, Wapecawpa, Assitahiwa, Metholahela, Beniwesica, Mam se high, Weconna thaca, Thecoma, Wapemoga, Nichebucketha, Nichmwhoa, J With 105 Warriors, besides ") Women & Children. J Senecas. Ouchista, Kyashuta, Opaughkee, \ Chiefs Connaduntohas, Couidageiate, J Giniswean, ? m • ^ -nr e 1 ' >■ Chief AVariiors. bohays, }> With 125 Warriors, besides? Women & Children. 5 PROVINCIAL COUNCIL. 257 Sandusky Indians. Onadcgoss, ? Chiefs, ^^"j^ff"' 1 Chief Warriors. Thusnedasgo, 5 Capt°- John, j With 38 more Warriors, besides Women & Children. Munsies. 38 Men, besides Women & Children. "Brethren : " I have sent here two Months ago, by his Majesty's Com- mander-in-Chief, & Sir William Johnson, Bar'' with Messages to your several Tribes, and have sent several messengers to summon you together, and to my great surprise you have, by your delays, obliged me to stay here waiting for you, thirty days longer than I expected. A string. ''Brethren, "His Excellency General Gage has ordered me to inform you that he expects you will immediately perform all the engagements you made last Fall to Col. Bouquet, one of which was to deliver up all the English prisoners and negroes which was in your several Villages; this article in part you then performed, and was to deliv- er the rest here early this spring, and I hope as you have delayed so long after I sent for you, that you have brought them agreeable to your promises. Two Bolts. " Brethren, "At the same time you promised solemnly ;o Col. Bouquet, that you would send Deputys of your nations fully empowered to settle a peace with Sir William Johnson, and at the same time leave such a number of Hostages here till their return; How you have com- ply'd with this Article I need not inform you ; you have sent but one Man to Sir William Johnson, and he not a Chief of any of your Tribes; and the Hostages you delivered to Col' Bouquet, have all shamefully run away except three, tho' they was all as well used here as any of our own people, and never confined. This conduct Brethren, has given all your Brethren the English a suspicion of your Sincerity, therefore His Excellency General Gage expects that you will immediately send proper Deputys to Sir William Johnson to ratify and confirm a lasting peace, and replace Hostages here, till that is done ; as till you perform those your engagements to Col. Bouquet, no trade can be opened for your nations. Two Belts. " Brethren, " His Excellency General Gage & Sir William Johnson has or- dered me to assure you, that as soon as you perform those articles that a free Trade and Intercourse will be allowed you and all other VOL. IX. — 17. 258 MINUTES OF THE nations of Indians to the Sun Setting, so long as they continue to behave well to his Majesty's Subjects. Two Belts. ''Brethren, ''His Majesty, the King of Great Britain, having conquered the French in this Country, which you are well acquainted with, all the Forts and Settlements the French had is now become the property of the King of England. The French Troops are to be sent to France, and the planters to become Subjects to England; therefore, the Grenerul has ordered me to inform you that the King of Great Britain will take under his protection all the nations of Indians in this Country to the Sun Setting, & restore tranquility amongst all nations, that your Children unborn may enjoy the blessings of a lasting peace. Two Belts. " Brethren, "I am now going by his Excellency General Gage's orders to visit all the Indian nations settled on the Oabache, and in the Illinois Country, and to offer them the friendship of the King of Great Britain and his Subjects, as he is now become their Father, and the General expects that you will send a Deputation of your nations with me, to assist in reconciling those nations (with whom we have had but little Intercourse) to his iMajesty's interest." . Two Belts. Then Kashuta spoke in behalf of the Seneca and Sandusky In- dians to the Shawanese & Delawarcs : "Nephews, the Delawares, & Brethren the Shawanese, you have heard what your Brethren the Engli.sh have said to you ; they have desired nothing of you but what you solemnly promised last full to Col'- Bouquet, all which you ought to perform. For our parts, we are determined to take the advice of our Brethren, the English, as we know it will be for our good, and we desire you Friends to do the same, as you are under engagements to do so; If you do not, you must take the con- sequences; for we are determined to comply with what our Brethren desires of us." Delivered a string to the Shawanese aud Delawares. Then a Chief of the Shawanese got up, and taking all the Belts delivered to them in his hand, addressed himself to the Delawares as follows: " Grandfathers, the Delawares, You have heard what our Father, the King of England, has said to us, and likewise what your Uncles, the Six Nations, has said; they desired nothing but what is right. We behaved wrong last Fall, but we are determined to do right, therefore we desire you to consider well what has been said to you, as you have not complied with all you promised, no more than we have done; let us act like Men, and convince our Father, the King of England, of our Sincerity, & answer those Belts to-morrow." PROVINCIAL COUNCIL. 259 Then Custaloga spoke for the Delawarcs, and addressed himself to the Shawauese, saying: — "Grandchildren: You say right; we will consider those speeches & answer them to-morrow." At a Meeting with the same Indians, May the 10th, 1765. PRESENT : Major William Murray & several Officers of the Garrison. The Shawanese came over the river with the English prisoners, beating a Drum and singing their peace song, agreeable to the An- cient Custom of their Nation, which they continued till they entered the Council House. Lawoughgua, speaking for the Shawanese, got up and addressed himself to the English : " Fathers : for so we will call you henceforward, listen to what we are going to say to you. " It gave us great Satisfaction Yesterday to be called the Children of the King of England, and convinces us that your intentions to- wards us is upright, as we know a Fatlier will be tender of bis Children, and they more ready to obey him than a Brother, there- fore we hope our Father will now take better care of his Children than has heretofore been done. " You likewise put us in mind of our promises to Col"' Bouquet, which was to bring your Flesh and Blood to be delivered at this place. Father : you have not spoke for nothing ; we are come pre- pared ; you see we have brought them with us. You desire us now to send Deputies to Sir William Johnson to confirm a peace ; we have appointed a Deputation to go there, and also the Hostages who are to remain here till their return. You then informed us you was ordered to go to the Illinois Country, to invite the several Nations there to join in 'Friendship with our Father, the King of Great Britain & his Subjects, and desired some of us to accompany you there. In this you have done well; those nations are our Allies; we will go with you and do every thing in our power to promote the good work of peace between our Father and them, with whom you have no acquaintance as yet. A Belt, 8 Rows. *' Father, Here is your Flesh and Blood, except , a few that was out with some of our hunting parties, & those will be brought here as soon as they return. They have been all tied to us by adoption, and altho' we now deliver them up to you, we will always look upon them as our relations whenever the great Spirit is pleased that we may visit them. A large String. " Father : " We have taken as much care of these prisoners as if they were our own Flesh and Blood j they are now become unacquainted witb 260 MINUTES OF THE your Customs & manners, & therefore, Fathers, we request you will use them tenderly & kindly, which will be a means of inducing them to live contentedly with you. A Belt, 6 Rows. " Father : " We will now comply with every thing you have asked of us, & assure you we are sincere in every thing we have said. Here is a Belt with a figure of our Father, the King of Great Britain, at one end, and the Chief of our Nation at the other; This represents them holding the Chain of Friendship, & we hope that neither side will Blip their hands from it so long as the Sun and Moon gives light." A Belt, Seven Rows. Custologa, speaker for the Delawares : '' Brethren : " Yesterday you put us mind of our engagements to Col. Bou- quet ; we now assure you we are ready to perform every part which we have not yet complied with. A String. '' Brother : ''.You desire we may again leave Hostages at this place, and send other Deputies to Sir William Johnson ; this we will likewise do." A String. He then addressed himself to the Six Nations : " Uncles, yester- day you desired us to be strong in complying with every thing our Brethren, the English, might require of us; this we are determined to do, and hope you will also do every thing on your parts to forward a good peace." A Belt. '< Brother :" Addressing himself to me, "as you told u? you were ordered to visit the Western Nations, I now wipe your Eyos, and open your Ears, that you may see and hear those Nations with pleasure when they speak to you. I likewise clear the way, that you may have a safe passage to the place you are going. A Belt. "Brother: "Don't imagine what I have said comes from my lips only; I assure it proceeds from the bottom of our Hearts, and now, by this Belt, I remove every evil thing from your heart, and make it like those of our Ancestors when they thought of nothing but Peace ; and I also wipe the outside of your Body clean, that not the least remains of anything which might give you trouble, may ever again appear, and by this Belt we take fast hold of you, our Brethren, in Peace." Delivered a Friendship Belt of 20 Rows, with the figure of two men, representing the English and themselves. PROVINCIAL COUNCIL. 261 Kyashuta then spoke to the Delawares : *' Nephews : " You told us your Uncles, the Six Nations, that you were de- termined to do every thing that was requested of you by us and our Brethren, the English ; we are glad to hear you are come to such a Resolution, and we desire you to be strong & do so." A. String. Kyashuta then addressed himself to us : " Brethren : *' I am going now to speak to you in behalf of all the Nations present, and those do the Sun Setting. You told us yesterday that the General, and Sir William Johnson, ordered you to assure all Na- tions to the Sun Setting, that if they performed their engagements we should enjoy a free Trade and intercourse; I hope this comes from your Heart, as you see your Brethren, the Delawares, and Children, the Shawanese, are willing to comply with every thing you required of them. Now, Brethren, do not act as you have done for a Year or two before those late Troubles, when you prohibited the sale of Powder, Lead, and Rum. This conduct gave all Nations in this Country a suspicion that you had bad designs against them, and was contrary to your first promises, when you came here to set- tle and build this Fort on our Ground. You make Rum, and have taught us to drink it ; you are fond of it yourselves ; therefore, don't deprive us of it, or the liberty of purchasing Goods ; Open the trade, and let us sell our skins which we have brought here for that pur- pose, otherwise, we must think you from your lips, and not from your Hearts. A Belt. "Brethren : " When you first come to drive the French from this place, the Governor of Pennsylvania sent us a Message that we should with- draw from the French, & that when the English was settled here, we should want for nothing. It's true, you did supply us very well, but it was only while the War was doubtful, & as soon as you con- quer'd the French you did not care how you treated us, as youthen did not think us worth your Notice ; we request you may not treat us again in this manner, but now open the Trade and do not put us off with tolling us you must first hear from your great man before it can be done ; If you have but little Goods, let us have them for our Skins, and let us have a part of your Rum, or we cannot put dependance on what you tell us for the future." A Large Belt. He then added that he did not speak for himself, but was ap- pointed by all the Tribes present, & that what he had said was the Sentiments of the whole. Then Kyashuta spoke to the Delawares on behalf of the English & Six Nations, giving them an invitation to return to their old 262 MINUTES OF THE Settlements, k at the same time desiring them to bold fast by the Chain of Friendship subsisting between the English & Six Nations. A Belt. Then Ogista, an old Seneca Indian, spoke to the Shawanese, & invited them to return to their old Settlements, where they would be near their Fathers, the English, & their Brethren, the Six Nations. A Belt. At a meeting with the same Indians. Fort Pitt, May 11th, 1765. PRESENT : Major William Murray, & Several Olficers in the Garrison. " Brethren of the Six Nations, Shawanese, Delawares, & Sandusky Indians : " You Yesterday answered the several Speeches I delivered you the day before from his Excellency General Gage, and you have agreed to comply with every thing he desires of you ; Brethren, you have done right in complying with the General's request, & you may be assured I will represent your readiness on this occasion to him, & Sir William Johnson, in a proper manner. " Brethern : "When first your Brethren, the English, settled here, they kindled a Council Fire for all the Nations of Indians to the Sun Setting, but for two Years past, this Fire has been neglected and was near going out. Now, Brethren, I put some good dry wood on your Council Fire, that it may blaze up to the Sky, so that all Na- tions may see it, and come here to smoke with their Brethren in peace. " Brethren : "Now I have kindled your Council Fire, and made it burn clear, I again, with this Belt, disperse all the dark Clouds that has been hanging over your heads for some time past, that you may see the Sun clear. "Brethren ; " You have now appointed a Deputation to go to Sir William Johnson's, of your several Nations, to confirm a lasting peace as you promis'd Col. Bouquet last fall; You have made a good choice; I am well acquainted with your Tribes, and I know these to be the Chiefs & Men of consequence in your Nations; I approve of themj Therefore, Brethren, I now make the Road smooth and easy to their Feet, & remove any Logs that may have fallen across it^ that you may Travel safe to Sir William Johnson's. PROVINCIAL COUNCIL. 263 "Brethren, the Sliawanese : " You Yesterday delivered to Major Murray & me a numher of our people, agreeable to your promises, & say the few remaioiug, which was out a hunting, should be brought here as soon as possi- ble; your conduct in this is very agreeable, & convinces us of your Sincerity, & be assured I will represent it properly to the General & Sir William Johnson, & I de,-ire you will, as soon as possible, bring in those you left behind. " Brethren : " Yesterday you made two Speeches concerning our past conduct in Trade, i must observe to you that had we a mind to recapitulate Injuries, we could convince you that we have much more reason to complain of your Conduct than you have of ours, but we have thrown away from our remembrance every thing that gave us any trouble, and hope your future conduct will be such as will give us no reason to repeat past offences, and to convince you of our Sin- cerity, the Commanding Officers here, tho' he has no orders for it, will take upon himself to open the Trade and suffer you to par- chase such necessaries as is here, which is but litdo, owing to your own backwardness in not coming here early in the spring, as you promised, but as soon as the General is made acquainted with your Conduct at this meeting, he will order our Traders to supply you with all necessaries you may want. "Brethren : " You desire that rum may be sold to you; the traders here have none, but as soon as you have sold your peltry, and is setting out for your own Country, Major Murray will make you a present of some. " Brethren : " I have now finished every thing I had to say to you only to acquaint you that the General, willing to convince you of the Sin- cerity he has towards you, has ordered Major Murray & me, on your complying with what he ordered me to require of you, to make you a present of Goods to Cloath your Women & Children, which we now deliver to your several Tribes" After the presents were delivered, Kyashuta spoke to the Dela- wares and Shawanese : " Nephews, the Delawares and younger Brethren the Shawanese : " You have now heard every thing your Fathers, the English, had to say to you, and as you have assured them you will comply with every thing they desired, be strong. We have appointed Deputies to go to Sir William Johnson's and men to attend Mr. Croghan on his Journey; here is one of our Chiefs, who is[to stay here with his Family to assist our Brethren, the English, in Council." Then he addressed himself to Major Murray & me, & pointed to the Chief, saying, this is the man to stay here with you till our return." 26i MINUTES OF THE Then Custologa spoke to the Six Nations in behalf of y" Dela- wares : " Uncles : You yesterday desired us to return to our old Settle- ments, & live in peace with our Fathers, the English; this, I assure you, we will do, & you shall see us kindle our Fire again at our old places." Gave a Belt. Then addressing himself to the English : " Fathers : I must now call you ; It's your desire that we appoint Deputies; this is done, and we send such men as are best acquainted with the Affairs of our Nation." A true Copy from Mr. Croghan's Journal. ALEXANDER M'KEE. The Board having taken the said Letter and Journal into consid- eration, as well as the favourable State of Indian Affairs in general, were of Opinion that a free Intercourse and Trade ought to be im- mediately opened & established between his Majesty's Subjects of this Province and the several Nations and Tribes of Indians now in Amity with the Crown of Great Britain. A Draught of a Proclama- tion being accordingly prepared, was read & approved, & ordered to be published this week in the Pennsylvania Gazette & Journal. 200 Copies of the same were also directed to be printed in seperate Sheets, & dispersed thro' the Province. The Proclamation follows in these words, viz'' : " B^ the Honouralle JOHN PENN, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province, of Pennsylvania.) and Counties of Newcastle, Kent, & Sussex, on Delaioare. "A PROCLAMATION: '' Whereas, His Majesty, by his Royal Proclamation, given at S'- James's the Seventh day of October, 1763, in the third Year of his reign, was graciously pleased to declare and enjoin, that the Trade with the several Nations or Tribes of Indians with whom he is con- nected, & who live under his protection, should be free and open to all his Majesty's Subjects whatever: provided that every person who might incline to trade with the said Indians, should take out a License for carrying on such Trade, from the Governor or Com- mander-in-Chief of any of his Colonies, respectively, where such person should reside, and also give Security to observe such regu- lations his Majesty should at any time think fit, by himself or by his Commissaries, to be appointed for that purpose, to order and direct, for the benefit of the said Trade; And his Majesty did thereby authorize, enjoin, and require the Governors & Commanders-in- Chief of all his Colonies, respectively, as well as those under his immediate Government as those under the Government and direc- tion of Proprietaries, to grant such Licenses without Fee or reward, PROVINCIAL COUNCIL. 265 taking especial care to insert therein a condition that such Licence should be void and the Security forfeited, in case the person to whom the same is granted should refuse or neglect to observe such regulations as his Majesty should think proper to prescribe as afore- said. "And Whereas, by my proclamation, dated the 5th Day of De- cember last, a Cessation of all Hostilities between his Majesty's Subjects in this Province, and the several Tribes of Northern and Western Indians, was strictly enjoined and required; since which great numbers of the said Indians have lately assembled at Fort Pitt, & there renewed and confirmed with George Groghan, Esq'-; Deputy Agent for Indian Affairs, their engagements, formerly made with Brigadier General Bouquet, to cultivate the strictest harmony & friendship with all his Majesty's Subjects, and have given sufii- cient Hostages as a security for the faithful performance thereof, and desired that they might again enjoy the Benefit of a trade with the Inhabitants of this Province : I have, therefore, thought fit, by and with the advice of the Council, to issue this proclamation, hereby publisliing & declaring to all his Majesty's Subjects within my Gov- ernment, that from and after the 20th day of June instant, all in- tercourse and trade with the several Nations and Tribes of Indians in amity with the Crown of Great Britain, and living under his Majesty's protection, shall be free and open to all persons residing in this Province, who shall apply for and obtaining my Licence to carry on such trade, under the provisions and restrictions mentioned in the said Royal Proclamation. And Whereas, I have received in- formation that sundry persons have, at several times lately, assem- bled themselves in armed Bodies on the Western Frontiers of this Province, and have, in a most riotous and illegal manner, presumed to interrupt the passage of all kinds of Goods to Fort Pitt, by which the Garrison there hath been greatly distressed ; and that small parties are now encamped and lying in wait for the same pur- pose, on the road of Communication to that post; / do herebi/ strictly charge and command all persons whatsoever, so assembled, forthwith to disperse themselves, and desist from all such illegal proceedings and practices, as they will answer the Contrary at their peril ; ^nd I do further enjoin & require all his Majesty's Subjects within this Government, to suffer every person hereafter travelling towards Fort Pitt with Goods, wares, or Merchandize, and having my Licence to trade with the Indians; as also, all persons transport- ing Goods and military Stores for the use of any of his Majesty's Garrisons, & having a passport for the same, from the Commanding Officer of one or more of the posts, to proceed and pass with the said Goods, Wares, merchandizes, & military Stores, freely and safely, without offering Violence or injury to their persons, or any Goods under their Charge, or giving them the least Molestation whatsoever, as they will answer the contrary at their peril ; ^nd I do further enjoin & require all Magistrates, Sheriffs, and other Officers, to use 266 MINUTES OF THE their utmost Endeavors at all times to quell and suppress all riots, tumults, and disorderly proceedings, tending to disturb.the peace & quiet of his Majesty's Subjects, and also to be aiding & assisting in discovering & apprehending all persons that may be in any manner concerned therein, that the Offenders may be prosecuted according to due Course of Law. ** Given under my hand and the Great Seal of the said Province, At Philadelphia, the fourth day of June, in the fifth Year of His Majesty's Reign, & in the Year of our Lord one thousand seven hundred and Sixty-five. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, Jun'-' Secretary. "GOD SAVE THE KING." It being represented to the Governor that there is a necessity for a Magistrate in Muspellion Hundred, Kent County, & Mr. Robert Killen being recommended as a fit person for that purpose, a Special Commission was ordered to be made out accordingly. A Letter from his ExcclVey Genl. Gage to Governor Ptnn. ' New York, June 2d, 1765. " Sir : " I have the pleasure to acquaint you that Sir William Johnson has finished his Congress with the Delawares, Senecas, &ca., in a very satisfactory manner, & he says beyond his Expectations. It is not necessary for me to relate to you what has passed with the Delawares and Shawanese at Fort pitt, as I am informed from thence that a Copy of the Conferences held there was transmitted to you. As the Shawanese have punctually complied with the Engagements made with Col. Bouquet, and as Sir William has settled affairs on the Mohawk River with the Tribes who met him there, to as much advantage as could be desired, I am only to make application to you that the Trade may be opened on the side of the Ohio as soon as possible. This seems the more necessary to be done immedi- ately, as the Indians, desire it very strenously as a proof of Sincerity on our part, having themselves complied with all the Conditions imposed upon them by us. And the Trade is already opened in every other part. "The Indians have appeared so well disposed that there is great reason so expect the Country will enjoy a Series of peace and Tran- quility, unless interrupted by the Riotous and Lawless proceedings of the people upon the Frontiers of Pennsylvania, Maryland & Vir- ginia. I have the honor to inclose you extracts of three Letters on PROVINCIAL COUNCIL. 267 the subject of the violences they have been guilty of, and unless some mea^res are taken to restrain their Licentiousness, to punish them for the murders they have committed, and keep them in subjection to the Laws, There is too much reason to appre- hend our Affairs will soon bo thrown into worse confusion than they have ever been in. I have the honor to be, with great regard, Sir, " Your most Obedient humble Servant, '' THOS. GAGE. " Honble Lieut'" Governor Penn." MEMORANDUM, 7th June, 1765. The Governor this day issued a Commission appointing John Vining, Jacob Vaubeber, Richard M^Williams and John Clowes, Esq*^' Justices of the Court of Oyer and Terminer and General Gaol delivery fop the Government of the Counties of New Castle, Kent and Sussex on Delaware. At a Council held at Philad'- the 26th June, 1765. PRESENT : The Honourable JOHN PENN, Esquire, Lieuten*- Governor, &ca. Benjamin Chew, Lynford Lardner, ) -rr „ Richard Penn, 5 ^^^ ' The Governor laid before the Board a Letter he received from his Excellency Major General Gage, dated the 16 June, 1765, in- closing extracts of 2 Letters, and a Copy of an Advertisement he had received from Lieutenant Colonel Reid, complaining of the riotous Conduct of the Inhabitants of Cumberland, their Insults & Abuses to his Majesty's Troops, &ca., which were severally read & are as follows, viz'- : ^ Letter from General Gage to the Governor. " New York, June 16, 1765. " Sir : *' I have the honor to transmit to you some Extracts of Letters which I have received concerning the Proceeding^ of the Inhabitants of Cumberland County, who appear daily in Arms, and seem to be in an actual State of Rebellion. It appears, likewise, that the Rebels are supported by some of the Magistrates, particularly one Smith, a Justice of the Peace, and headed by his Son. Unless these Insurrections are immediately quelled, and the Authors and 268 MINUTES OF THE Abettors of them brought to punishment, it is impossible to say where they will end. If the King's Troops are fired upon, and his Forts threatned with Assaults by Men in Arms, headed by Magis- trates, who refuse the ordinary Course of justice demanded of them by the Officers, I can't pretend to answer for the Consequences. It belongs to you to point out the Measures proper to be taken in such Circumstances, but it is my duty to represent these matters to you, and to offer you every assistance in my power for the support of Government, and to enforce an Obedience to the Laws, both which seem in danger of entire Subversion. " It is proper to acquaint you that a very large Convoy of Goods went from New Orleans for the Illinois last February, & that it ia probable they are by this time arrived there. This makes it neces- sary for us to open the Trade at Fort Pitt as soon as it is possible, & that the Officers commanding there should be made acquainted when the Traders may be expected, that he may give notice of it to the Indians of Ohio, and prevent their going to the Illinois for their necessarys. If the Trade is postponed at Fort pitt, the Indians will soon discover where supplys are to be had, & we shall drive them again into the Arms of the French. " I am, with great regard. Sir, " Your most Obed'- humble Serv''' "THO' GAGE. " Hon"'^- Gov'- Penn." Extract of a Letter from Colonel Rcid to General Gage. Dated " Carlisle, 1st June, 1765. " I received Letters from Lieutenant Grant, Commanding at Fort Loudon, complaining much of some late Insults received from the Rioters near that post. He says on the 28 Ultimo he was taking the air on Horseback, and about half a mile from his post was sur- rounded by Five of the Rioters, who presented their pieces at him ; the person who commanded them to shoot the Bougar, that one of them fired at him, which frightned his horse, who run into the Bushes, & occasioned his being thrown upon the Ground. They then disarmed him, carried him fifteen Miles into the Woods, and threatned to tye him to a Tree and leave him to perish, if he would not give them up some Arms, which, by his Orders, were taken from the first party of Rioters that appeared at his post. When he saw they were determined to put their threats into Execution, he thought it was best to promise them their Arms, and was made to give Security to deliver them up in five Weeks, under a penalty of Forty Pounds, which being obtained in that manner, certainly can- not be binding. Mr. Grant has also sent me a Copy of a very sin- PHOVINCIAL COUNCIL. 269 gular Advertisement, which was found pasted up by the rioters at some distance from his post, which I have taken the liberty to in- close. The Express who brought the dispatches from Loudon tells me he was stopt by some of the Fellows on the road, who would have taken his Letters from him, but being Armed with a Eroad Sword, & his Companion having a Pistol, they stood on their defeuoe & wou'd not Submit." Extract of a Letter from Lieutenant Colonel Eeid, Commanding Ms Majesti/'s Forces in the district of Fort Pitt, to his Excelle^icy Gen I. Gage, Commander-in-Chief &ca., &ca., &ca., Dated Fort Loudon, 4:th June, 1765. " The first rendezvous of the Rioters was at Justice Smith's, about 5 Miles from Fort Loudon, the 6 day of March last; From thence they followed the first Convoy of Goods, consisting of eighty-one horse loads, twelve miles further, and burnt and pillaged Sixty-three loads. Capt"- Callender applied to Lieut. Grant for a Sergeant and 12 Men, which he agreed to, who saved the remaining loads, chiefly consisting of Liquor, and made some of the rioters prisoners, who were afterwards released upon Bail^ and took eight rifles, in all which Lieut. Grant is justified by Brig'- Bouquet, in his Letter of the 14th of March, who desires him to keep the rifles in his possession till the Owners' names shall be found out, which he has accordingly done. Lieut. Grant, in his Letter to Brigadier Bouquet, of the 9th of March, informs him that he was threaten'd, if he did not deliver up his prisoners, that 200 Men in Arms would come and burn the Fort and l-escue them by Force, which obliged Lieut'- Grant to keep his Garrison under Arms a whole night, being in expectation of an Assault; and upon their being admitted to Bail, Smith, the ringleader of the Rioters, had the Assurance to come into the Fort and told Lieutenant Grant that they were determined to fire upon the Troops, in case they attempted to carry these Men Prisoners to Carlisle. " Several Horses loaded with Liquors and Necessaries for the Troops, on the Communication belonging to Joseph Spears, arrived at Fort Loudon, where the Goods were deposited, and the Drivers carried their Horses as usual into the Woods to Feed, where they were attacked by about thirty of the Rioters in disguise, with their faces blacked, who tied them up and flogged them severely, Killed five of their horses, wounded two more, and burnt all their Saddles. One of the drivers who made his Escape, returned to the Fort and implored the Protection and assistance of the Commanding Officer, in rescuing his Companions and preventing the Horses from being killed. Lieut'- Grant thought it his duty to send a Sergeant & 12 men for that purpose ; the Rioters finding themselves pursued; fired upon 270 MINUTES OF THE the Party, wlio returned the Fire, & Slightly wounded one of them in the Thigh. " 10th of May. About 150 of the Eioters in Arms, Commanded as I am informed, by James Smith, and attended by three Justices of the Peace, appeared before the Fort, & demanded to Search the Goods, with an intention, it is believed, to plunder and destroy them, as they had done before. Lieutenant Grant -sus- pecting their design, told the Justices that the Goods were un- der his protection by order of the Commander-in-Chief, who nad been pleas'd to send him Instructions to have an Inventory of the Goods taken by a Justice of the Peace, and that he intended to apply to one of their number to have it done, but did not think it safe at that time, in presence of such a Moh, whom he had reason to suspectj to which the Justices made answer that they wou'd not come again, and impertenently said, they were not under the General's Orders, but that it is their Governor's Orders they are to obey. The Justices further told Lieutenant Grant that they would pay no regard to any Military Ofl&cers pass of whatever rank he might be, and that no Goods whatever could be safe in go- ing along the Communication, without a pass from a Justice of the Peace. After this declaration, it cannot be doubted that some of these Justices have encouraged the rioters & even protect them in their lawless measures; none of the Justices have taken any notice of the outrage & violence committed on Lieut. Grant and the two Sergeants I made mention of in my last; on the contrary Smith, who beads these villians, together with the rest of the party who com- mitted these Violences, have appeared ever since openly at Justice Smith's house, and were seen there by Lieut. Grant himself, who complained of them to the said Justices but could obtain no redress. Mr. Maxwell, a Justice of the Peace, who has always disapproved of the measures of the rioters, has had his life threatened by them. — He tells me that one of the Rioters had the assurance to confess to him the day before they appeared in arms before the Fort, that they were determined by Force to sieze upon the Goods and plun- der them, which he says the Rioters made no secret of. Mr. Max- well also says that the common place of Rendezvous for them is at Justice Smith's, who he believes encourages them. I have seen some passes signed by Justice Smith and his Brother-in-law, not only for traders but even for Soldiers of the Garrison, who are not safe to go any where about their lawful affairs by a pass from their own Officers. — They use the Troops upon every occasion with such indignity & abuse tbat Flesh and Blood cannot bear it. — A party of them had the Impudence again to intercept the Express I men- tioned in my last, in his return from Carlisle to this place, used him cruelly, and detained him all day yesterday; one Wilson, who seem- ed to headed the party, told the Express that they were determined to stop the Clouthing of the Regiment in its way from Carlisle." PROVINCIAL COUNCIL. 271 "ADVERTISEMENT: "These are to give notice to all our Loyal Volun tiers, to those that has not yet enlisted, you are to come to our Town and come to our Tavern and fill your Belly's with Liquor and your Mouth with swearing, and you will have your pass, but if not, your Back must whipt & your mouth be gagged; You need not be discouraged at our last disappointment, for our Justice did not get the Goods in their hands as they expected, or we should all have a large Bounty. But our Justice has wrote to the Governor, and every thing clear on our side, and we will have Grant, the Officer of Loudon, Whip'd or Hang'd, and then we will have Orders for the Goods, so we need not stop; what we have or mind and will do for the Governor will pardon our Crimes, and the Clergy will give us absolution, and the Country will stand by us; so we may do what we please, for we have Law and Government in our hands & we have a large sum of mo- ney raised for our Support, but we must take care that it will be spent in our Town, for our Justice gives us, and that have a mind to join us, free toleration for drinking, swearing, sabbath breaking, and any outrage what we have a mind to do, to let those Strangers know their place. It was first Possess, (Black's Town,) and we move it to SS. Comvai/, Esq'r.. to the Gov- ernor. " St. James', October 24th, 1765. " Sir : " It is with the greatest Concern that his Majesty learns the dis- turbances which have arisen in some of the North American Colo- nies. If this Evil should spread to the Government of Pensil- vanyia, where you preside, the utmost exertion of your prudence will be necessary so as justly to temper your Conduct between that Caution & Coolness, which the delicacy of such a Situation may demand on one hand, and the vigour necessary to suppress outrage and violence on the other. It is impossible at this distance to assist you by any particular or positive Instruction, because you will find yourself necessarily obliged to take your resolution as particular Circumstances & Exigencies may require. " His Majesty, &; the Servants he honors with his Confidence, cannot but lament the ill-advis'd Intemperance shown already in some of tha provinces, by taking up a Conduct which can in no way contribute to the removal of any real Grievance they might labour under, but may tend to obstruct & impede the Exertion of his Ma- jesty's benevolent attention to the Ease & Comfort, as well as Wel- fare of all his people. " It is hoped and expected that this want of Confidence in the justice and tenderness of the Mother Country, & this open resistance to its authority, can only have found place among the lower & more ignorant of the People, The better & wiser part of the Colonies will know that Decency and Submission may prevail, not only to redress Grievances, but to obtain Grace & Favour, while the outrage of a public violence can expect nothing but severity & chastise- ment. " These sentiments you and all his Majesty's Servants, from a sense of your Duty to, and love of your Country, will endeavour to excite and encourage ; You will, all in a particular manner, call upon them not to render their Case desperate ; you will in the strongest Colours represent to them the dreadful Consequences that must inevitably attend the forcible and violent resistance to Acts of the British Parliament, and the scene of Misery and Ca- lamity to themselves, and of Mutual Weakness & Distraction to both Counties inseparable from such a conduct. PROVINCIAL COUNCIL. 299 '' If by lenient and persuasive Methods you can contribute to re- store that Peace, and Tranquility to the Provinces on which their "Welfare and Happiness depend, you will do a most acceptable and essential Service to your Country; But having taken every step which the utmost Prudence and lenity can dictate, in Compassion to the folly & Ignorance of some misguided People, You will not, on the other hand, fail to use your utmost power for the repelling all Acts of outrage & Violence, and to provide for the Maintenance of Peace and good Order in the Province, by such a timely Exer- tion of Force as the Occasion may require, for which purpose you will make the proper Applications to General Gage, or Lord Colvill, Commanders of his Majesty's Land and naval Forces in America. For, however unwillingly his Majesty may consent to the Exertion of such pow<3rs as may endanger the safety of a single Subject, yet can he not permit his own Dignity and the Authority of the British Legislature to be Trampled on by Force and Violence, and in avow'd Contempt of all Order, Duty and Decorum. " If the Subject is aggrieved, he knows in what manner legally and constitutionally to apply for relief; but it is not suitable, either to the safety or Dignity of the British Empire, that any Indivi- duals, under the Pretence of redressing Grievances, should presume to violate the public Peace. " I am, with great Truth and Regard, Sir, "Your most obedient humble Servant, "H. S. CONWAY. " Deputy Governor Penn." The above Letter having been taken into due Consideration, and an answer thereto prepared, in order to be transmitted by the nest pacquet, the same was approved by the Board, and is as follows : ^ Letter to the Right HonhJe II. S. Comvai/, Esquire, from the Governor. " Philadelphia, 19th February, 1766. ''Sir: " I had the honour of your Letter of the 24th October last, re- specting the Distur'bances which have lately been committed in several of the North American Colonies. Give me leave to as- sure you, Sir, that no one of his Majesty's Servants is more sensi- ble than I am of the Rashness and Folly of those who have been concerned in these Outrages, which at the same time that they violate the Public Tranquility and set Government at nought, are undutiful and affrontive to the best of Kings, and productive of the most dangerous Consequences. I am sorry to be under the necessity of informing you that the dissatisfaction with some of the late Acts of the British Legislature (particularly the Stamp Act) is almost universal in all the Colonies on the Continent, and pre- vails among all Ranks and Orders of Men ; but I should do^ great injustice to Numbers of his Majesty's faithful Subjects, if I did 300 MINUTES OF THE not represent to you at the same time, that the wiser and more con- siderate among thena highly disapprove of and detest the violent and illegal measures which have been pursued in many of the Colonies. " In the Province of Pennsylvania, where I have the honor to preside, matters have been conducted with more moderation & re- spect to bis Majesty and Parliament than in most others, and the giddy Multitude have hitherto been restrained from committing any Acts of open Violence. " Upon the arrival of the first Cargo of Stamp'd Papers into this Province, in the Mouth of October last, John Hughes, of this City, who was reported and indeed generally known to be the person ap- pointed to distribute them, refused to take charge of them, tho' th°y were consigned to him, under pretence that he had not re- ceived his Commission or had any Authority to take them into his possession ; and there being no Fort or place of Security where I could lodge them on Shore, I thought it most advisable to order them on board his Majesty's Sloop of War the Sardoine, Capf- James Hawker, Commander, stationed in the Kiver Delaware, to whose care (on Hughes' afterwards resigning his Ofl&ce of Stamp Distributer), I have also committed all the papers which have since ■been sent by the Commissioners for the use of this Province, till his Majesty's further Orders can be received, or another Person shall be appointed to the Office of distributor by the Commissioners, agreeable to the directions of the Act. The Americans have the most Sanguine hopes that the remonstrances drawn up by the Com- mittees of the several Assembleys at the Congress held for that Purpose at New York last Fall, and transmitted by them to the Par- liament, will produce a Repeal of the Stamp Act; but if they should be disappointed in their Expectations, it is impossible to say to what length their irritated and turbulent Spirits may carry them. Of this, however. Sir, you may rest assured, that I shall esteem it my indispensible duty on this and every other Occasion, to use every means in my power to preserve the Public peace, and support to the utmost the honour and Dignity of his Majesty's Government committed to my care. " I have the honour to be, with great Truth & Regard, " Sir, Y^- most Obed'- 'hble Servant, «' JOHN PENN." The following Letter from Gen'- Gage, received this Morning, was read, and ordered to be entered on the minutes of Council : A Letter to the Governor from his ExcelVcy Major Gen'l Gage. "New York, February 17th, 1766. " Sir : " I' have been honoured with your Letter of the 10th Instant, and am greatly obliged to you for the pains you have taken to bring PROVINCIAL COUNCIL. 301 the Offenders concerned in tlie Riots at Fort Loudon to Justice, which will be the best means to prevent such Lawless proceedings for the future. And I shall take care that the Highland Regiment is informed of your Intentions in this respect, as I must confess to you I think it necessary to take some Precautions to prevent Miss- chief in case that Regiment should pass the Frontiers of Pennsyl- vania. *' It has been confidently reported here, and believed, that the People called Quakers have been very instrumental in preserving the Peace and Tranquility of the City of Philadelphia. I have had no Conversation with any People of that persuasion on the Subject, or do I know that Sir Henry Moor has. I understand such reports were propagated by Merchants of this Place who had been at Philadelphia, as well as by Letters from thence. However it has happened, I rejoice with you that you have lived in Ease & Quiet, whilst this place is eternally alarmed by a sett of Banditti, who will probably at length bring much misschief on themselves and their City. "I have the honor to be, with great Respect, Sir, " Your most Obedient humble Servant, "THOS. GAGE. " Hou^'^- Lieut*- Gov'- Penn.'' 3rd March, 17G6. MEMORANDUM. Yesterday Morning the Speaker of the Assembly delivered to the Provincial Secretary a written Order to issue a Writ for the Election of a new Member of Assembly for Chester County, which follows in these words, viz'- : " In Assembly, February 8th, 1766. "Pennsi/lva. ss : "By a Resolve of the Assembly of this Day, I am empowered and directed to order the Provincial Secretary that he do issue a Writ to the Sheriff of the County of Chester, for the Election of a Member to serve as a Representative in this Assembly for the said County of Chester, in the room of John Fairlamb, Esq'-' lately deceased. " Therefore, by virtue of the said Resolve, and in pursuance of an Act of Assembly of this Province, in that Case made and pro- vided, I do require that a Writ be issued to the Sheriff of the said County, for the purpose aforesaid, according to the Direction of the said Law. " JOS. FOX, Speaker. " To Joseph Shippen, Esq'- Provin'' Secretary." 302 MINUTES OF THE Tuesday, 4th March, 1766. The Secretary Communicated to the Governor the above Order of the Speaker, and a Writ was accordingly issued this day to Philip Ford, Esquire, the Sheriff of Chester County. At a Council held at Philadelphia, the 6th day of March, 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutent'- Governor, &c^- Richard Peters, Richard Penn, ? t^, rs. Benjamin Chew, 5 Mr. Samuel Wharton waited on the Governor, in Council, and delivered him an Extract of a Letter from Robert Callender to Mess"- Baynton, Wharton, and Morgan, which was read, & follows in these words, viz'- : " Pennsborough, March 2d, 1766. " Gentlemen : " Since my return home, I have been informed by sundry per- sons, that the rascally part of the Inhabitants of Conegocheage are determined, and now laying a plan, to do you some piece of injury, by either stopping or destroying some part of your last Cargo that yet remains with the Carriers in that Neighborhood, on account of Justice Smith's discharge from the Magistracy, for which they en- tirely blame your House, thinking that it is you alone have excited the Governor to do it. As you have already experienced so much of their Villainy, they are not to be trusted farther than seen, and therefore I have advised Irwin to go immediately up to that Neigh- borhood, and stop the proceedings of the Carriers till there is some methods fixed upon for the safe Conveyance of these Goods, 'aow in their Charge, least the Devil should tempt them to commit some Outrage of that kind, which I have great reason to believe they will. ^ Signed "ROBERT CALLENDER. "To Mess'^ Baynton, Wharton, & Morgan.'' " Mr. Wharton, at the same time, requested the Governor would be pleased to take such measures as he should judge best for Pre- venting the intended injury to their Goods, as mentioned in that Ex- tract, and observing that they were to be sent to the Illinois Coun- try, to supply the Indians there, agreeable to the promises lately made them by Mr. Croghan, the Deputy Agent for Indian Affairs, that a Trade should be soon opened with them ; and that unless some precautions were taken by the Government for the Protection PROVINCIAL COUNCIL. 303 of those Goods, he was verry apprehensive they would be destroyed. The Council taking this matter into Consideration, advised the Gov- ernor to write a Letter to the Magistrates of Cumberland County, giving them the strictest Injunctions to use their utmost Endea- vours to Suppress any disturbances or disorders that may happen, and to call upon the Sheriffs and Power of the County, to oppose the designs of any People who should attempt to stop or destroy the Goods above mentioned, and also, to write to Major General Gage, requesting his instructions to the King's Troops in this Province to aid and support the civil power whenever the Governor should think it necessary to call on them for that purpose. The following Let- ters were accordingly drawn up at the Table, and sent to Mr. Whar- ton, to be forwarded by Expresses : A Letter to Gen I Gage from the Governor. "Philadelphia, March 6th, 1766. " S'' : Mr. Wharton has just furnished me with an Extract of a Letter he received last Night from Robert Callender, informing him that he suspects some of the Frontier Inhabitants are again engaging in a scheme to intercept and destroy a Quantity of Goods which Mr. Wharton & his House are sending up to Fort Pitt, under the pro- tection of my Licence, in their way to the Illinois Country, to trade with the Indians. I hope these suspicions have no real foundation, but must Confess that the former Conduct of those abandoned people, who seem void of all Sense of duty or Submission to Law or Government, has been such as to give room to believe them ca- pable of any Villainy. I shall, therefore, dispatch an Express to the justices of Cumberland County, with the most Positive Injunc- tions to exert the Civil Power in the Suppression of any Riots, or attempts of the People to injure or destroy the above Goods. But lest the force of the civil Government should not be suffic'- to an- swer the purpose, I must beg the favour of your Aid, and that you will be pleased to furnish me as soon as Possible, with your In- structions to the Commanding Officers of the King's Troops at Lan- caster, & the different Posts on the Communication to Fort Pitt, to obey such orders as I may, from time time, be under the necessity of giving them for preserving the Public peace, and supporting the Laws, as well as the Dignity of his Majesty's Government, commit- ted to my Care. " I have the honor to be, with great Regard, Sir, "Your most Obedient humble Servant, "JOHN PENN. " To His Excellency Gen'- Gage." 304 MINUTES OF THE w2 Letter from the Governor to the Justices of Cumberland County. " Philadelphia, 6th March, 1766. " Gentlemen : " I have received Information that a number of the Inhabitants of Coneeocheague are suspected to have formed a scheme to inter- cept and destroy a Quantity of Goods which Mess"- Bayton, Whar- ton, & Co. are now sending up to Fort Pitt, in their way to the Illinois Country. The former Conduct of many lawless and unruly People on the Frontiers, in committing several outrages of the like kind, gives me too much reason to fear that the suspicions on the present occasion are well founded. I shall be very much surprized if any of the People should presume to counteract my authority so far as to attempt to stop the progress of any Goods that are carry- ing into the Indian Country with my full and express Licence. But lest any thing of this sort should be undertaken, I hereby judge it proper to give you my most positive Commands to exert the utmost Diligence and Activity in suppressing any Riots or at- tempts of the people to injure or destroy any of the above mentioned Goods, (or commiting any other Outrages), and if you shall hear that any of the people are assembling for such unlawful purposes, you are immediately to call to your Assistance the Sheriff and power of the County to prevent the Execution of their designs ; but ia case the fullest Exertion of your Authority and Influence should not be sufficient, I require you forthwith to give me information thereof, that I may Order some of the King's Troops to the Aid of the Civil power, in compelling the people to submit to the Legal Au- thority of the Government, & pay due Obedience to the Laws. I should be very sorry to be reduced to the necessity of such expe- dients if it could be avoided. But the duty of my Station will oblige me to make use ol all the means in my power in bringing to reason & Justice all such obstinate offenders who wickedly & wan- tonly oppose the Government, & trample on its Laws. '* I am, with great regard, Gentlemen, " Your most Obedient humble Servant, "JOHN PENN. " To John Armstrong, Esq'' and others, his Majesty's Justices of the Peace, for the County of Cumberland." The Governor acquainted the Council that a few days since he had received Information from Captain Lemuel Barrit, of Cumber- land Valley, that on the 11th day of January last, a Mohawk In- dian, on his return from the Country of the Cherokees, was mur- der'd & Scalp'd about 12 miles from Fort Cumberland, on the road leading from thence to Fort Bedford, and proposed to issue»a Procla- mation offering a reward for the discovery, and apprehending the mur- derer that he might be brought to Condign Punishment; But Captain Barrit attending the Board, at the Governor's request, he was far- PROVINCIAL COUNCIL. 305 ther examined, and his deposition taken in writing, wlien there appeared from sundry Circumstances, great reason to suspect the Murder had been commited by a certain Sam'- Jacobs, who had ab- sconded, and was supposed to have gone to the Frontiers of Vir- ginia and Maryhmd ; The Council, therefore, advised the Governor to delay issuing a Proclamation, till means were tried for apprehen- ding the person suspected ; and for that purpose to write to the Governors of Maryland and Virginia, enclosing them Copies of Capt" Barrit's Deposition, & desiring they would be pleas'd to order a strict Search to be made for the said Samuel Jacobs, through their respective provinces, & also to write to Sir William Johnson, acquainting him with the matter. The following Letters were accordingly wrote to Gov"^' Sharpe, Fauquiere and Sir William Johnson : A Circular Letter from the Govr. to Gov't. Sharp and Fau- quiere. "Philadelphia, 11th March, 1766. " I lately received information that one of the sis Nations In- dians, returning from the Cherokee Country, was IMurdered on the 11th of January last, on the road between Fort C'umberland and Fort Bedford, within this Province. I intended to have issued a proclamation offering a reward ' for discovering & apprehending the Murderer, but finding by the examination of Captain Lemuel Bar- rit, who lives near the place where the Indian was found, that there is great reason to believe the Murder was committed by one Samuel Jacobs, who is said to have fled into the back parts of Virginia or Maryland, I think it most advisable to defer my proclamation till I have first tried every other means in my power to secure the Of- fender. I take the liberty of inclosing you Capt° Barrit's deposi- tion & description of Jacobs' person, at the same time requesting you will cause strict search to be made for him throughout your Province, as you must be sensible of the ill Consequences that will ensue if all necessary steps are not pursued in order to bring to Justice this lawless Villain, as well to convince the Indians of our good Intentions towards them as to deter others from the same Conduct, which, if we cannot fall upon some means of putting a stop to, we may reasonably expect to be again involved in the Mis- eries of an other Indian War. " I shall make Sir William Johnson acquainted with this un- happy affair, and the measures taken to give our Friends, the Six Nations, all the satisfaction in our power, that he may represent the matter in a proper light to them, so as to prevent any ill VOL. IX. — 20. 306 MINUTES OF THE Consequences that might otherwise happen from their resent- ment. " I have the honour to be, with great Regard, " Sir, your most Obedient humble Servant, "JOHN PENN. '' To His Excell'^ Horatio Siiarpe, Esq., Governor of Maryland, and The Hon'ble. Francis Fauquiere, Esq"' Governor of Vir- ginia*. A Letter from the Governor to Sir William Johnson. "Philadelphia, 11th of March, 1766, "Sir: " It was with a very great Concern that a few days ago 1 received certain Information by Capf- Samuel Barrit, that on the 11th of January last, a Mohawk Indian, in his return from the Cherokee Country, was Murdered on the Road between Fort Cumberland & Fort Bedford, in this Province. " This unhappy affair will no doubt give great Offence to the In- dians of the Six Nations, and may be attended with very bad con- sequences. But I shall think it my indispensable duty, from mo- tives of Justice as well as good Policy, to give them all the Satis- faction in my power for this Injury, and I beg you will be pleased to take the first Opportunity to acquaint them that I heartily con- dole with them on this occasion, and that all means shall be used for apprehending the Murderer and bringing him to Condign Pun- ishment. I intended to have issued a Proclamation, offering a Re- ward for that purpose; but as there appears by Capt"' Barrit's deposition, a Copy of which you have enclosed, very great reason to think the Murder was commited by one Samuel Jacobs, who is sup- posed to have fled to the back parts of Maryland and Virginia, I shall suspend the Proclamation till better means have been tried to- 3,pprehend him, for which purpose I have written to tlie Governors of Maryland and Virginia, to request they would cause a strict search to be made for him throughout their yespective Provinces^ "If we should be so fortunate as to secure this Lawless Villain, I will immediately acquaint you therewith, that you may have it in your power to satisfy the Indians of our good disposition towards them, and our desire and readiness to do them the strictest Justice upon all Occasions. " I am, with great Regard, Sir, " Your most Obedient humble Servant, "JOHN PENN. " Sir WiLMAM Johnson." PROVINCIAL COUNCIL. SOt March 13th, 1766. MEMORANDUM. This Morning the Governor received a Letter from his Excellency Major General Gage, fluted the 10th Instant, inclosing his Orders to the Military Officers within this Government, to give assistance to the civil power, both which were ordered to be entered on the Council Books, & are as follow, viz'- : A Letter to the Governor from his ExceUency Major General Gage. ''New York, March 10th, 1766. "Sir: " I have been favor'd with yours of the 6th Instant, and am sorry to find that the lawless Banditti on your Frontiers continue giving you fresh troubles. The Robberies and disturbance they have been guilty of with Impunity, emboldens them to every Act of Violence, whilst they flatter themselves that they are secure from Punishment. I enclose you an Order to all the Forces in your Gov- ernment to give Assistance to the Civil power, which you will make use of, as the Circumstances of affairs may require. The Officer commanding at Lancaster has already received the Order, so that a Letter from you to him will be sufficient. " I am, with great Regard, Sir, " Your most Obedient humble Servant, " THO' GAGE. "Hon'"- Lieut'- Gov^- Penn." " Head Quarters, New York, 15th January, 1766. " ORDERS. " His Majesty's Pleasure having been signified to the Commander- in-Chief, that in Case by the Exigency of affairs in any of the Pro- vinces in America, it should be necessary to procure the aid of Military in support of the Civil Power, and that for that purpose the Governor of the Province where that may happen^ should apply to the Commanders of his Majesty's Land Forces in America, The said Commanding Officers should, upon such requisition made by the Governor of the Province to them, give the said Governor their Concurrence and Assistance for the purpose above mentioned. The Commander-in-Chief Orders the several Officers Commanding the Regiments, Posts and Detachments, under his Command, to pay a punctual Obedience thereto. •' RICHARD MAITLAND. "Depy Adj'- Genr " To the OflScers Commanding the several posts & Detachments ou the Communicatioa from Philadelphia to Fort Pitt." 308 MINUTES OF THE At a Council held at Philadelphia, on Saturday the 15th March, 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c*- Benjamin Chew, Lynford Lardner, ) -n, Kichard Penn, [ i^^squires. The Commission of the Peace for Northampton County being taken into Consideration, and an Alteration being thought necessary to be made therein, The Governor, by the advice of the Council, was pleased to issue a new one, appointing the Members of Coun- cil and the following Gentlemen Justices of the General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said county of Northampton, Viz'': ' George Taylor, John Moore, Thomas Craig, James Allen, Hugh Wilson, John Jennings, Aaron Dupui, Dan'- Brodhead, Lewis Klotz, Robert Levers, Thomas Armstrong, Christ'- Waggoner, Lewis Gordon, Henry Kooken, Jacob Orndt, Joseph Gaston. Tuesday, 6th May, 1766. Two Members of Assembly waited on the Governor and ac- quainted him that the House had met pursuant to Adjournment, and desired to know if his Honour had any business to lay before them, to which he answered that he had none at present to recom- mend to them. Thursday, 8th May, 1760. Two Members of Assembly acquainted the Governor that the House inclin'd to adjourn to the 2nd day of June next, to which his Honour made no Objection. The Governor lately received by the packet, a Letter from the Right Honourable Henry Seymore Conway, Esq''-- dated 1st March, 1766, which being ordered to be entered on the Minutes of Coun- cil, is as follows, viz' : PROVINCIAL COUNCIL. 809 A Letter from the Rt. Honourable H. S. Conimy, Esqr., to tJie Governor: "S-r. James's, 1st March, 1766. "Sir: "I am very sorry not to be able as yet to give you any Instruc- tion for the Rule of your Conduct in the perplexed situation of things in the Colonies; But the Parliament, to whose Wisdom his Majesty has been pleased to refer those Affairs, not having come to any ultimate decision thereon, I may not presume to give you any Positive Direction ; at the same time it is, I think, my Duty to in- form you that a Bill is brought in, and has made some progress in the House of Commons, for the repeal of the Stamp Act, and that other proceedings relative to the mutual Bights of Great Britain & her Colonies, are also in Consideration before Parliament. As soon as ever any thing is ultimately determined by the Legislature, You may depend upon the speediest Information from me, and will not fail to receive therewith his Majesty's farther Instructions. In the mean time the King relies on j'our Discretion to take the properest Measures that the Circumstances of the Times may require, for the good of the Colony committed to your Care. " I am, with great Truth and Regard, Sir, " Your most Obedient, humble Servant, "H. S. CONWAY. " Deputy Governor of Pennsylvania." At a Council held at Philadelphia on Tuesday, 3rd June, 1766. present: The Hon'ble. JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Chew, Richard Penn, Esq"^ Two Members of Assembly waited on the Governor last Night and acfjuainted him that the House were met pursuant to Adjourn- ment, & requested to know if his Honour had any business to lay before them ; To which he answered, that he should send a writtca Message to the House in the Morning. The Governor laid before the Board a Letter he lately received from the Right Honourable Henry Seymore Conway, Esq'-' one of his Majesty's principal Secretaries of State, dated the 31st of March last, acquainting hiui that an Act of Parliament for repealing the Act for collecting Stamp Duties, &ca., in America, had been lately passed, and enclosing him a printed Copj^ thereof, together with a Copy of the Resolutions of the House of Commons, directed by his Majesty to be laid before the Assembly of this Province, and also Signifying the King's Approbation of the Governor's Conduct, as 310 MINUTES OF THE well as of the Behaviour of the people of Pennsylvania, during the late Commotions & Disturbances in several of the other Colonies. The said Letter was read, and follows in these Words, viz'-: A Letter from the Rt. HonUhlr. II. S. Conway, Eaqr., to the Gov'r. "St. James's. 31st March, 176G. " Sir : " Herewith I have the pleasure of transmitting to You Copies of Two Acts of Parliament just Passed. The first for securing the just Dependency of the Colonies on the Mother Country; The Second for the Ilepeal of the Act of the last Session, granting certain Stamp Duties in America; And I expect shortly to send you a Third for the Indemnity of such Persons as have incurred the Penalties im- posed by the Act just repealed ; as such Bill is now depending, & has made a considerable Progress in the House of Commons. "The Moderation, The Forbearance, the unexampled Lenity and Tenderness of Parliament towards the Colonies, which are so sig- nally displayed in those Acts, cannot but dispose the Province com- mitted to your Care, to that return of chearful Obedience to the Laws and Legislative Authority of Great Britain, and those Senti- ments of respectful Gratitude to the Mother Country, which are the natural, and I trust, will be the certain eifects of so much Grace and Condescension, so remarkably manifested on the part of his Majesty, and of the Parliament ; And the future Happiness and Prosperity of the Colonies will very much depend on the Testimonies they shall now give of their Dispositions. "For, as a dutiful and affectionate return to such peculiar proofs of Indulgence and Affection may now, at this Crisis, be a means of fixing the mutual Intei'ests & Inclinations of Great Britain and her Colonies, on the most firm and solid Foundations ; so it cannot but appear visible that the least Coldness or Unthankfulness, the least Murmuring or Dissatisfaction, on any Ground whatever, of former heat, or too much prevailing Prejudice, may fatally endanger that Union, and give the most Severe and affecting Blow to the future Interests of both Countries. "You will think it scarce possible, I imagine, that tlie Paternal care of his Majesty for his Colonies, or the Lenity and Indulgence of the Parliament, should go further than I have already mentioned; Yet so full of true magnanimity are the Sentiments of both, and so free from the smallest Colour of Passion or Prejudice, that they seem dispos'd not only to forgive, but to forget those most unjusti- fiable marks of an undutiful disposition, too frequent in the late Transactions of the Colonies; and which, for the Honour of those Colonies, it were to be wished had been more discountenanced & discouraged by those who had knowledge to conduct themselves otherwise. " A Revision of the late American Trade Laws is going to be the immediate Object of Parliament; Nor will the late 'Transactions PROVINCIAL COUNCIL. 311 there, however provoking, prevent, I dare say, the full Operation of that kind and indulgent disposition, prevailing both in his Majesty and his Parliament, to give to the Trade and Interests of America every Ilelief which the true State of their Circumstances demands or admits. " Your Situation, which has made you a Witness of the Distrac- tion of that Country, will enable you to form the best Judgment of the Behaviour which your Province ought to use upon this Occa- sion, and of the Arguments which you ought to employ to enforce the necessity of such a Behaviour as is suitable to their present Circumstances. '* I have received your last Letters of the 10th & 19 of February last, and am glad to find that Things have remained quiet in your Government. By his Majesty's Commands, I transmit to you the Resolutions of the House of Commons, to be laid before your As- sembly, whom you will at the same time assure of his Majesty's approbation of the wise and prudent as well as dutiful Behaviour which the Province of Pennsylvania has held amidst the two pre- vailing distractions, which have so generally agitated the other Colonies. This behaviour of your Province reflects Honour on your administration, and I have the Satisfaction to inform you, that your own Oonduct meets with his Majesty's approbation. '' I am, with great Truth and Regard, Sir, "Your most Obedient humble Servant, "H. S. CONWAY. ** Lieu' Gov''- of Pennsylvania." The abovementioned Letter being taken into due Consideration, the Council advised the Governor to lay the same, together with the Papeis referred to in it, before the Assembly with a Message. The following Message was accordingly prepared, approved, it- sent to the House with the said several Papers, viz'- : A Message from the Governor to the Jlssemhli/. *' Gentlemen : " Having just reeeiv'd from the Right Honorable Mr. Secretary Conway, the Copy of a Law lately passed for repealing an Act made last year by the British Parliament for granting certain Stamp Duties in America, I am pleased to have so early an Opportunity as your present meeting affords, of congratulating you on an Event so truly joyful, and which I hope will be productive of the most happy consequences to this and all the other Colonics. " By the Secretary of State's Letter, which I have ordered to be laid before the House, you will likewise have the Satisfaction io find that besides the Repeal of the Stamp Act, our Gracious Sov- ereign and his Parliament are still extending their goodness farther, and propose to give every Relief to the Trade ot America which our Situation and Circumstances require. 312 MINUTES OF THE " Distinguished by such signal Instances of paternal Regard from His Majesty, and by such indulgence from his Parliament, I need not mention to you, Gentlemen, the Conduct you ought to pursue. I know your own Hearts will lead you, in return, to every act of Duty and Expression of Gratitude which a Loyal People can mani- fest on so happy an Occasion. "I am further to acquaint you, that I took the earliest Oppor- tunity to do that justice to the good People of this Province which their Conduct merited, by representing to the King's Ministers the Moderation and Decency with which they behaved under the Dissatisfaction & Uneasiness universally prevailing in America on account of the Stamp Act. In Answer to which I have now the Honour of His Majesty's Commands to assure You, Gentlemen, of His Royal Approbation of the wise and prudent as well as dutiful Be- haviour, which the Province of Pennsylvania has held amidst the two prevailing Distractions which so generally agitated the Colo- nies. " The late Resolutions of the House of Commons, mentioned in Mr. Conway's Letter, I have, agreeably to His Majesty's express Injunction, now ordered to be laid before you. "JOHN PENN. " June 3d, 1766." June the 4th day, A. M. Two Members waited on the Governor, and presented him the following Message from the Assembly, in answer to His Honour's Message of Yesterday : A Message to the Governor from tlie Assembly. " May it please your Honour : " We have taken into our Consideration your Honour's obliging Message of this da}^ accompanied with Mr, Secretary Conway's Letter of the 31st of March, the copy of a Law lately passed for re- pealing the Stamp Act, and the late Resolutions of the House of Commons. " We return your Honour our Hearty thanks for your Congratu- lations on the happy issue of this important affair ; and it gives us the highest Satisfaction to observe that his Majesty entertains the most favourable Sentiments of " the prudent as well as dutiful Be- haviour which the Province of Pennsylvania has held amidst the too prevailing Distractions which so generally agitated the other Colonies," and of your Conduct on this Occasion. "We shall, with the greatest Chearfulness and Pleasure, express the warmest Sense of Gratitude and Duty to his most Gracious Ma- PROVINCIAL COUNCIL. 313 jesty, and his Parliament, for their "Wisdom, Justice, and Conde- scension, manifested to us by the Repeal of the Stamp Act, and for their further benevolent Disposition to give every Relief to the Trade of America, that our Situation and Circumstances require. " Permit us, also, to return your Honour our Thanks for the early Opportunity you took to do that Justice to the good People of this Province which their Conduct merited, by representing to His Ma- jesty's Ministers the Moderation & Decency with which they have behaved under the Dissatisfaction and Uneasiness universally pre- vailing in America on account of the Stamp Act. '' Pleased, as we ^re, of the present Opportunity of testifying our Joy and Felicity upon so happy an Event, give us leave to congratu- late your Honour upon your Marriage, and to oiFer our sincercst Wishes for your future Happiness. " Signed by Order of the House, "JOSEPH FOX, Spealcer. " June 3d, 1766." New Castle, Friday Gth June, 1766. Three Members of Assembly waited on the Grovernor with a Mes- sage from the House, acquainting him that they had met on the 26th of last Month, pursuant to Adjournment, and had proceeded to prepare several Bills, which they should soon present to the Gov- ernor for his Concurrence, but in the meantime, requested to know if the Governor had any business to lay before them. His Honour made answer that, having lately received a Letter from His Ma- jesty's Secretary of State, acquainting him with the Repeal of the Stamp Act, and with other important matters, he should order a Copy of the same to be immediately laid before the House for their Perusal. The Secretary accordingly carried to the House a Copy of Mr. Conway's Letter, dated the 31st March last, and also, a Printed Copy of the Act of Parliament to repeal an Act for granting certain Stamp Duties in America. New Castle, Monday 9th June, 1766. The Assembly of the Government of the Lower Counties, during their Sessions, sent up the Governor for his perusal and Concurrence Nine Bills entituled as follow, viz'-: "An Act for the Embanking and Draining a parcel of Marsh on Pearman's Branch, in Kent County." 314 MINUTES OF THE "An Act for the Embanking and Draining a parcel of Meadow Marsh and Cripple in Christiana and Mill Creeks Hundreds, in the County of Newcastle." "An Act for keeping in good Repair the Banks and Sluices of a parcel of Marsh in S'' George's Hundred, in the County of New- castle." "An Act for draining the Marsh near Pagan Creek, in Sussex County." "An Act for aiding the discontinuance of the Process of the Su- preme Court within this Government." "An Act for the relief of llobert Chalfant, a Prisoner in the Gaol of New Castle." "An Act for draining and improving certain Swampy and Sunken Ground, commonly called the Green Drains, in Sussex County." "An Additional Supplementary Act to the Act for regulating the Publick Roads in New Castle County." "An Act for regulating the Streets & Alleys in the Town of New Castle." The said Bills were duly read and considered by the Governor, Benjamin Chew, and Richard Penn, Esquires, Members of Council, and after making some Amendments to a few of them, to which the House acceded, they were severally agreed to. The Governor having then acquainted a Committee of Assembly that he was ready to receive the House immediately at his Lodgings, in order to pass the Bills, They accordingly attended with the aboveraentioned nine Bills, which the Governor enacted into Laws, . Signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two Members of Assembly to see them Sealed and Deposited in the Rolls Office. The Speaker then presented to the Governor Orders on the Trus- tees of the Loan Office for £ 100, for which His Honour thanked the House. At a Council held at Philadelphia, on Thursday 19th June, 1766. PRE.SENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c*- Richard Peters, Benjamin Chew, } j^ „. Lynford Lardner, Richard Penn, ) ^ The King having lately testified, in a remarkable manner, the most Paternal Aflection and condescending Goodness towards the Subjects of his American Colonies, by passing a Law for the repeal- ing of an Act granting certain Stamp Duties in America, The Council judged it the duty of this Government to return their most PROVINCIAL COUNCIL. 315 unfeigned Thanks to His Majesty, and to express their high Sense of his goodness for so signal an Instance of His Royal Favour, by a proper and dutiful Address from the Governor & Council of this Province. The following Address was accordingly prepared, approved, & signed by the Governor and Members of Council present, and after- wards it was carried to all the absent Members, who also approved k signed the same, except W"- Logan, who was at Burlington. 31r, Chew then inclosed the Address in a Letter to the Honour- able Thomas Penn, Esq'' and transmitted it by the Packet from New York. " TO THE KING'S MOST EXCELLENT MAJESTY. *^The Address of flie Governor and Councilof the Province of Penn- sylvania, and Counties of N^eic castle, Kent, and Sussex, on Del- aioare. '' We, your Majesty's Faithful Subjects, the Governor and Coun- cil of the Province and Counties aforesaid, with the most profound Submis.-ion, beg leave to approach the Throne on an Occasion the most affecting & interesting to us and all your other American Sub- jects. " Permit us. Royal Sir, with Hearts overflowing with Gratitude, humbly to acknowledge the manifold Instances of your Paternal Tenderness and Affection, extended to your Subjects in this dis- tant part of your Empire, and, in a more especial Manner, to ex- press our lively Sense of your Majesty's unbounded Goodness, and the disinterested Benevolence of your Parliament, in the late Re- peal of the Act imposing certain Stamp Duties in your Colonies. " We rejoice in this Opportunity of declaring that Your Majes- ty's Admiuistration hath been distinguished by the strictest Regard to Justice, and an unwearied attention to the Welfare and Happi- ness of your People. But when we reflect on this late signal In- stance of your Majesty's exalted Virtue, that you have been gra- ciously pleased to hearken fro the Cries of your Subjects, and to stretch forth your Royal Hand to their Relief, notwithstanding many of them (blinded by a misguided Zeal) have committed Acts injurious to your Government, we are impressed with the highest Reverence for your great Magnanimity & princely Condescension. "We trust that your Majesty cannot fail to receive the warmest returns of Gratitude and Loyalty from all your Subjects. For ourselves, We humbly beseech your Majesty to accept of our un- feigned Assurances that our Hearts are firmly attached to your Sa- cred Person and Government, our Affection to our Mother Country 316 MINUTES OF THE inviolable, and our Lives and Fortunes entirely devoted to Your Majesty's Service. ^'BENJ. CFIEW, LAWRENCE GROWDEN, " THOS. CADWALADER, RICHARD PETERS, "RICII'D PENN, Jun^' LYNFORD LARDNER, "JOHN PENN Lieut'- Gov' • BENJAMLN SHOEMAKER, " JOSEPH TURNER. "June 19th, 176G." At a Council held at Philadelphia on Friday the 15th of Au- gust, 176t). PRESENT : The Hon"" JOHN PENN, Esquire, Lieutenant Governor, «&c*- Lynford Lardner, Benjamin Chew, Richard Penn. Several Burglaries and a Robbery on the Highway having been lately committed in and near this City, The Board took into Con- sideration the necessity of putting an immediate Stop, if possible, to such Villianies, by discovering and punishing the Authors of them, and advised the Governor to issue a Proclamation, offering a Reward of Fifty Pounds for the apprehending and convicting each Offender, and promising a Pardon to any Accomplice who shall make a full discovery of all the Persons concerned in the said Bur- glaries and Robbery, so that they be convicted. A Proclamation being immediately drawn up, was approved and ordered to be printed, and Copies dispersed through the City and Suburbs, and also to be inserted in the Pennsylvania Gazette and Journal. The said Proclamation follows in these words, viz'- : " By the Ilonourahle JOHN PENN, Enquire, Lieutenant Gov- ernor and Commander-in-Chief of tlic Province of Pennsi/lvania, and Counties of Newcastle, Kent, and Sussex, on Delaware. "A PROCLAMATION. " "Whereas, Information hath been made to me, that several Burglaries have lately been committed in the City of Philadelphia, 'and its Suburbs, to the great Terror and Annoyance of His Majes- ty's good Subjects ; and also, that on Tuesday Evening last, a Rob- bery on the Highway was committed on a Person passing between the said City and the Lower Ferry, on Schuylkill : ,^nd Whereas, it is of great Importance to the Public that a stop should, as soon as possible, be put to crimes of so evil & pernicious a Nature, by detecting the Authors and Perpetrators of those Villainies, so that they may be brought to condign and exemplary Punishment. I PROVINCIAL COUNCIL. 317 have, therefore, thought fit, with the Advice of the Council, to issue this Proclamation, hereby offering a Reward of Fifty Pounds to any Person or Persons who shall apprehend or make known, and cause to be apprehended, all any or either of the Persons concerned as Authors, Perpetrators or Accomplices, in any of the said Bur- glaries or Robbery above mentioned, so that he or they shall be convicted thereof, according to the due Couri^e of Law. And, I do promise, over and above the said Reward, to grant a Pardon to any Accomplice who shall make a full discovery of the other Persons concerned in the said Burglaries or Robbery, and cause them to be apprehended & convicted. " And I do hereby charge and command all Magistrates, Sheriffs, and other officers whatsoever, within this Government, to use their utmost Care and Diligence in detecting, apprehending, & securing the said Offenders. " Given under my hand and the Great Seal of the said Province, at Philadelphia, the fifteenth day of August, in the Year of our Lord One thousand seven hundred and Sixty-Six, & in the Sixth Year of His Majesty's Reign. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, Juu'' Secretary." "GOD SAVE THE KING." Tuesday 9th September, 1766. Two Members of Assembly waited qn the Governor this morn- ing, and acquainted hira that the House were met pursuant to ad- journment, and desired to know if he had any Business to lay be- fore them; to which His Honour made answer, that he had some matters to recommend to them, which he should communicate by a Message to the House to-morrow morning. At a Council held at Philadelphia, on Wednesday the 10th of September, 1766. PRESENT. The Hon"''- JOHN PENN, Esquire, Lieutenant Governor, &c. Richard Peters, Benjamin Chew, ? -r. „ Richard Penn, 5 ^'^ The Governor laid before the Board, for their Consideration & advice, several Letters which he lately received from Gen'- Gage, making a requisition for providing Quarters & necessaries agreeable to the late Act of Parliament for His Majesty's Troops, which should be sent into this Province. 318 MINUTES OF THE His Honour aLsolaid before the Board his Majesty's Instructions, dated 24th October, 1765, for removing the People settled to the Westw''" of the Allegheny Mountains, and also another Letter from Gen'- Gage, with Extracts of a Letter from Mr. Croghau, dated at Fort Pitt, the 2Gth May, 1766, and an abstract from his Journal, acquainting his Honour with the necessity of speedily driving away the Settlers on the Indian Lands at lied Stone Creek, and on the Monongahela, and offering the aid of the King's Troops for that purpose. The said Letters and Papers were read, & follow in these words : A Letter froin General Gage to the Governo'''. ''New York, June 15, 1766. "Sir: "A Detachment of the Royal Highland Regiment which took Possession of the Illinois Country, is just arrived in this Port from Pensacola, and as they will March on the 17 Inst'- for Philadelphia, I am to bcj-; the favour of you to give Directions that they may be supplied with Quarters and Carriages when they sliall enter the Province of Pennsylvania, according to the Act of Parliament made in that respect; and that they may be also provided with Quarters in Philadelphia, where the Detachment is to remain till further Orders. I have the honour to transmit you herewith a Return of their Numbers. " I am, with great Regard, Sir, " Your most Obedient h'ble Servant, " THO' GAGE. '' Hon"- L'- Gov^- Penn." " Return of a Detachment of the 42d Regiment, order'd to March to Philadelphia: " 1 Captain, 3 Subalterns, 1 Mate, 5 Serjeants, 2 Drums, & 102 Rank and File. *'New York, June 15, 1766." " THO'- GAGE, A Letter from General Gage to the Governor. " New York, 15th August, 1766. « Sir : **As His Majesty's Service may oblige me to send Troops to Phila- delphia, I herewith inclose you a return of the strength of a Bat- talion compleat, that you may be pleas'd to order Provision to be made for Quartering & Providing them according to the Act of Par- PROVINCIAL COUNCIL. 319 liaraent. As some Officens may be absent, and others may have double Commissions, I cannot as ye^. exactly ascertain the numbers that Provision should be made for; But as soon as it is in my Power, I shall give you an exact Return of them, as also timely Notice when you are to expect them. I only write now to give you previous Notice, as the Service may require that Troops should be sent to Philadelphia. " I am, with great Regard, Sir, " Your most Obedient humble Servant, 's'Bi.v[ .,t) I— I CO •^^uxj^infpY 1—1 o •niT:{di3q[3 I—* o n3 o a S O 1 •suSisng; 00 1 1 •st'jneTrj; Oi •sniT3:|d'B[) 1— •joft3i\; rH •pnopo .,1 tH •lanoioo rH O PROVINCIAL COUNCIL. 321 "His Majesfi/'s Instruction to the Governor. " George R. *' [L. S] Instruction to our Trusts/ and well-hehved JOHN PENN, Esquire, Lieutenant Governor of our Province of Pennsyl oania, in America, Given at Our Court at St James's, the 24ake provision for the quartering and providing the Troops, which bis Excellency General Gage has informed your Honour will soon be sent iato this Pro- vince, and we shall accordingly Frame a Bill to be sent up to your Honour to establish a Fund for that purpose. "The Intelligence which your Honour has been pleased to com- municate to us, respecting those lawless Intruders on the Lands to the Westward of the Allegheny Mountains, is truly alarming^ as- auch unwarrantable proceedings may involve His Majesty's Sub- jects in this and the neighbouring Governments, in all the Calama- ties of an Indian V/ar, if those Settlers should be suifered to con- tinue there. '^But as we apprehend many of those ?ash people have gone from; Virginia, between which province and this the Boundary has not been exactly ascertained, nor is it distinctly known on which side «>f the supposed Boundary those people are seated, &as that Province ^ill be alike involved in the fatal Consequences of such a maaifest PROVINCIAL COUNCIL. 325 Breach of Faith with the Indians, We beg leave to recommend it to your Honour to take the earliest opportunity to communicate to (joveruor Fauquiere the Necessity of Lii.s uniting with youin taking the most expeditious as well as eiFectual Steps to remove those In- truders on the Lands to the Westward of the Allegheny Mountains, agreeable to his Majesty's Proclamation. " We are fully sensible this Business cannot be effected without Expence ; and as we are animated with the warmest desii*e to pre- serve the Peace so happily established with the Indians, and the People of this Province have ever been ready to give their Money cheariuUy for that good purpose, we cannot doubt that the succeed- ing Assembly will provide a Fund to discharge our Proportion of such reasonable Expence as your Honour may be put to, when ever you shall lay the Accounts before them for that purpose, or for the removal of Persons who have, or hereafter may attempt to settle or make Encroachments on any part of the unpurchased Lands withia this Province, " Signed by Order of the House. " '' JOSEPH FOX, Speaker. " September 12th, 1766." At a Council held at Philadelphia on Thursday the 18th Sept., 17G6. present: The Honorable JOHN PENN, Esquire, Lieutenant Governor, &c. Benjamin Chew, Lynford Lardaer, Richard Penn, Esq''- The Governor laid before the Board Sis; Bills sent up by the House for his Honour's Concurrence, which being read and approved, •were ordered to be returned to the Hou.se without any Amend- ments. The Titles of the Bills are as follows, viz'- : 1. "A Supplement to the Actentituled 'An x'^ct to enable certain persons therein named to erect a Court House at Easton, in the County of Northampton, and to levy a Tax upon the Inhabitants ■of the said County to defray the Expence thereof.' " 2. "An Act the better to enable persons therein named to hold Lands, and to invest them with the privileges of natural born Sub- jects of this Province." 3. "An A-ct to enable the Comm'rs herein after named to settle the accounts of the managers, and to sue for & recover from several persons such suras of Money as are now due and unpaid on account of a Lottery set up & drawn, for erecting a House of Wor- ship at Carlisle, in the County of Cumberland." 4. "A Supplement to the Act entituled 'An Act for granting to his Majesty the sum of £ 55;000, and for striking the same in Bills ^6 MINUTES OF THE of Credit, and for providing a Fund for sinking the said Bill;? of Credit by a Tax on all Estates, real and personal, and Tasables within this Province.' " 5. "A Supplement to an Act entituled 'An Act to prolong the time limited for drawing the Lottery instituted & directed to be drawn in & by virtue of an Act entiti^led An Act for raising, bj way of Lottery, tbe Sum of Three thousand Three Pounds fifteen Shillings, to be applied to the payment of the arrears of debt due for the finishing St. Peter's and St. Paul's episcopal Churches m the City of Philadelphia.' " 6. "An Act for granting to bis Majesty tbe sum of £4,000 out of the Moaey now remaining in the hands of the ProviDcial Trea- surer.''^ Friday, 19th September, 1769. Two Members of Assembly waited on the Governor with a verbal Message from the House, requesting his Honour would be pleased to appoint a time for passing the Bills which had received his As- sent; and also two Members of Council to compare them with the engrossed Copies. The Governor acquainted them that he would be in the Council Chamber at 12 o'Clock to-morrow, in order to pass- the Bills, and should appoint a Member of Coune-il and the Secre- tary to join with two Members of the House to collate them this- afternoon. Council Chamber, 20th Septem'- 12 O'clock, A. W. C The several engrossed Copies being compared with their Originals and found to agree, the Governor sent the Secretary to the House with a Message requiring their attendance. The whole house at- tending accordingly, the Speaker pr-esented to the Governor the six Bills which had been agreed to, viz'-: 1. " A Supplement to the Act entituled 'An Act to enable cer- tain persons therein named to erect a Court House at Easton, ia the County of Northampton, and to levy a Tax upon the Inhabitants of the said County, to defray the Expcnce thereof.' " 2. "An Act the better to enable persons therein named to hold Lands, and to invest them with the p/rivileges of natural bom Sub- jects of this Province." 3. "An Act to enable the Commissioners herein after named, to settle accounts of the Managers, and to sue for & recover from several persons such sums of Money as are now due and unpaid, on account of a Lottery set up & drawn, for erecting a House of Wor- ship at Carlisle, in the County of Cumberland." 4. " A Supplement to the Act, entituled ' An Act for granting to his Majesty the Sum of £55;>000, and for striking the same in Bills PROVINCIAL COUNCIL. 327 of Credit, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, and Taxablee within this Province.' " 5. " A Supplement to an Act entituled ' An Act to prolong the time limited for drawing the Lottery instituted & directed to be drawn in & by virtue of an Act entituled, 'An Act for raising by way of Lottery, the sura of £.3003 15, to be applied to the pay naent of the arrears of debt, due for the finishing St. Peter's and St, Paul's Episcopal Churches in the City of Philadelphia." " G. " An Act for Granting to his Majesty the sum of £4000 out of the Money now remaining in the hands of the Provincial Treasurer;" which the Governor was pleased to enact into Laws; and signed a V»^arrant for affixing the great Seal thereto; and they were ordered to be deposited in tihe Rolls Office. The Speaker then presented a Certificate for £500 to his Honoxir, for which he returned Thanks to the House. At a Council held at Philadelphia, on Tuesday the 23d day of September, 1766. PRESENT : The Hon"''- JOHN PENN, Escf" Lieut. Governor, &c. Benjamin Chew, Richard Penn, Esqrs. The Board having considered the necessity of taking some speedy measures for the removal of the people who have Seated themselvoB on any of the Indian Lands within this Province, advised the Gov ernor to issue a Proclamation, commanding in his Majesty's name, all persons whatsoever, who have made any such settlements, im- mediately to relinquish them, and also, strictly forbidding all En ci'oachraents of the like kind for the future. A Proclamation being prepared, was approved, and ordered to be printed, and Two hundred Copies dispersed through all the back Counties, and sent to the different posts on the Communication to Fort Pitt, and also to be inserted in the Pennsylvania Gazette &. Journal. The Proclamation follows in these words : [Locvs SiijIlW] " Bij the IlanoiiraUe JOHN PENN, Esgtdre, JjieutenujU Governor and Commander-in-ClLirfoftlie Frovince of Pennsyloankty and Counties of Newcastle, Kent, and Sussex, mt, Delaware : "A PROCLAMATION. " Whereas, I have received Information that many ill-disposed persons, in express Disobedience of his Majesty's Proclamation and Royal Instructions, and regardless of the rights of the Proprieta- ries, or the Indians in Alliance with the English, have, without any Licence or Authority, seated themselves upon Lands within tbiB 328 MINUTES OF THE Province, not yet purchased of the Nations^ And Whereas, the making such settlements doth greatly tend to irritate the Indians^ and may again involve us in a War with them, if not put an imme- diate stop to; And Whereas, I have lately received His Majesty's positive Commands to suppress such unwarrantable Proceedings, and to put an end to these and all other the like Encroachments for the future. I have, therefore, thought fit, with the advice of the Council, to issue this Proclamation, hereby strictly enjoining and requiring, in His Majesty's name, all Persons whatsoever, who have made any such settlements within this Province, immediately to evacuate & abandon them, as they will answer the contrary at their Peril; And I do hereby prohibit all his Majesty's Subjects, of this, or any other Province, or Colony, from making any Settlements, or taking any Possession of Lands, by marking Trees, or otherwise, beyond the Limits of the last Indian Purchase, within this Pro- vince, upon pain of the severest Penalties of the Law, and of being excluded from the privilege of securing such Settlements, should the Lands, where they shall be made, be hereafter purchased of the Indians; And Whereas, it has been reported that a certain Frederick Stump, a German, settled beyond the Indian Purchase near to Fort Augusta, had my Warrant or Authority for making such settlements; I do hereby declare that the said Eeport is utterly false and groundless, and that neither the said Stump, nor any other Person, ever had the least Encouragement from me to settle on any Lands unpurchased of the Indians, but that on the Con- trary, I have constantly denied every Application of that kind. "Given under my Hand and the Great Seal of the said Province at Philadelphia, the Twenty-third day of Septemlaer, in the Year of our Lord, one thousand seven hundred and sixty-six, and in the sixth Year of His Majesty's Reign. "JOHiN PENN. "By His Honour's Command. " Joseph Shippen, jun'' Secretary. "GOD SAVE THE KING." At a Conference held at Philadelphia, on Tuesday the 25th Sep- tember, 1766. PRESENT : The Honourable JOHN PENN, Lieutenant Governor, &c. Richard Peters, Esq"-' of the Council. Joseph Fox, Esq''' of the Assembly. Indians Present: Jemmy Nanticoke, Anthony Turkey, John Topy, Jacob Turkey, John Curtis, John Parrish. PROVINCIAL COUNCIL. 329 Jemmy Nanticoke, addressing himself to the Governor, spoke as follows, by John Curtis, Interpreter : '^Brother: " Wc that are now present of the Nanticoke, Conoy, and Mo- hickon Tribes, and are come from the Council Fire at Chenango, and what we have to say to you is in behalf of the Counsellors sit- ting there, and ourselves. Then taking three Strings of Wampum, he said with the first : " Brother : " I clear your Eyes, and wipe away all your Tears ; with the sec- ond I take the Sorrow out of your Heart, and free it of all Grief and Trouble; and with the third I cleanse the Council Chamber, and remove all Dust and Filth from it. He then produced a black Belt, and said : " Brother : ''It is now proper for us to mention to you that there has been a great deal of Wickedness of late, which hangs like a Cloud in the Air, and hinders us from seeing each other, and from transacting or settling such Business as we may have with one another. By this Belt, therefore, we remove these Clouds, and we now present it to you to shew our Joy that the great God of Heaven has brought us again together to see one'another with the same Brotherly affection we used formerly to do ; For we have not forgot all the Wicked- ness and Evils that have been committed of late Years between us; and we hope and desire you will do the same, and then our and your Children and grand-Children, who never saw these Things, and know as yet, nothing at all about them, may live together in Peace & Friendship. A Belt. Then producing a White Belt, with four black Diamond Figures in it, he said : "Brother: '• I am now to assure you that all tlie Obstructions & Blood which the late Wars have occasioned in the Road between the Council Fire at Philadelphia, that at Chenango, and the other at Onondaga, and which have prevented all communication between us, are now taken away, and the Road is opened again, and made so clear and good that we may travel it, and pass along freely and safely to see each other in the same manner as our Grandfathers formerly did, when tliey lived with you on Terms of the utmost Friendship. In confirmation of this we give you this Belt. A Belt. A Third Belt being then produced, he said : "Brother: " As we came down from our Country we stopped at Wyoming, where we had a Mine in two places, and we discovered that some 330 MINUTES OF THE white People had been at work in the Mine, and had filled three Canoes with the Oar ; and we saw their Tools with which they had dug it out of the Ground, where they had made a hole at least forty feet long, and five or six feet deep. It happened formerly that some white People did now and then take only a small bit and carried it away j but these People have been working at the Mine, and have filled their Canoes. "You know, Brother, that by ancient Treaties, we are obliged to acquaint each other when anything hurtful shall happen to either of us. According to this, our Agreement, we now inform you of this injury done to us, which is a very bad thing, and may produce Mischief between us, because the Indians 0>ay resent it, and come and kill some of your People, which we should be very sorry for ; and if we did not inform you of it, you would justly blame us. '* Now by this Belt, we desire you will tell us, whether you know anything of this matter, or if it is done by your Consent. And we desire you will prevent anything of this sort for the future, that there may be no Breach between you and us on this Account. A Belt. He then added : " Brother : " We inform you that there is one John A.nderson, a Trader, now living at Wyoming, and we suspect that either he or somebody em- ployed by him has robbed our mine. This Man has a Store of Goods there, and it may happen, when the Indians see their Mine robbed, they will come and take away his Goods. You will then complain to the Council of Onondago, that such a robbery has been committed; and when the Indians make their answer, they will say they did it in return for the injury they received by the Robbery from their mine, and by these means the Robbery subsisting between us may be broken." Having finished what he had to say respecting their Friendship, be then delivered a Belt with seven square figures in it, and com- plained that the Indians were very poor, and begged the Governor would make a Present of a Saddle to Anthony, and a small Gun to Jacob, for shooting Pidgeons & Squirrels along the Road as he travelled home. Then by a white String, he begged a Horse for the old Coney Chief, whose name is Last Night, as he has lost the Horse which Governor Hamilton gave him, and was now grown fat and old, and could not do well without one. Then, by a black and white String, he begged a small Horse for the old Man John Topy, which he wanted for carrying his young Children and Things home. They concluded by John Parish's presenting the Governor with a long Peace-Pipe, that he might smoke with any Indians that should hereafter come down to confer with him about Friendship. PROVINCIAL COUNCIL. 331 At a Conference held at Philadelphia, on Thursday Septem' 27th, 1766 PRESENT : The Honourable JOHN PENN, Esq' Lieutenant Governor, &c. Richard Peters, Esq'' of the Council. Joseph Fox, Esq'' of the Assembly. Jemruy Nauticoke, Antony Turkey, ~\ John Topy, Jacob Turkey, V Indians. John Curtiss, John Parrish, j *' Brethren Nanticokes, Conoys & Mohickons, living at Chinango : " We are glad to see you ; we take your visit kindly, and are pleased with all that you have said to us. A String. '* Brethren, "We agree with you, that when there has been any wickedness committed, it should all be removed, so that neither may bear any thing in our Hearts against one another, for any wickedness that has been done ; and therefore, before we proceed to give you an An- swer to your Speeches, we call to mind with grief of Heart, that three Indians of your Tribes, came to their Death in the heat of the War by some Parties of our Warriors, who did not know that they were of your Tribes, and took them to be Enemy Indians, and unfortunately killed them by mistake. And now. Brethren, with this String we take the Hatchets out of your Heads, and all Mourn- ing from your Hearts. A String. • " Brethren : '' With these Handkerchiefs we wipe away the Tears from your Eyes. "Brethren: " With these Strouds we cover their Graves. We have pulled up a great Tree and gathered together all the Bones & Blood and buried them all together in a deep hole, and planted this Tree over them, that neither we nor our Children may ever find the place where they are buried. And now, Brethren (we shall proceed to give you an answer), as many Things in a time of great wickedness have been done to hinder us from seeing one another and councilling together, We join with you in wiping all Tears from your Eyes, taking all sorrow out of your Hearts, and making the Council Seats clean from all Blood and Filthiness, that we may confer with the same Chearfulness and Openness our Grandfathers used to do. Three Strings. " Brethren : " We acknowledge with you the great Mercy of God in bringing us together after so much "Wickedness has been committed, and we 332 MINUTES OF THE do hereby tell you, in behalf of ourselves and our Children, & their Children, that we have forgot all this Wickedness, and will never mention it more, that it may not come to the Ears of any of those that shall be born after us. A Belt. " Brethren : " We remember the Nanticokes and Conoys had a Council Fire formerly at the Mouth of Juniata; that they afterwards were ad- mitted into the great Council at Onondaga, & that they now have a Council Fire burning at Chenango ; and we most heartily join with you in opening the Roads, as well to Chenango as Onondago. We do on our parts make them quite clean, so that they may be freely and safely passed for you to visit us ; and we take all the old Chunks and pieces of wood about the Council Fire both at Chenango and Onondago, and heap them all together, that there may be nothing in the way, but you may safely travel in them when your occasions shall call you to visit us ; but as to Business that relates to the Public, you know this is transacted with General Johnson, who has His Majesty's Commission to settle all Public Business relating to Indians of all Nations. " Brethren : " We have heard what you say about the Mine at Wyoming ; we assure you that we know nothing of this matter, and if Ander- son has settled there, he has been guilty of a Breach of our Gen- eral Orders which we have given in His Majesty's Name, strictly forbidding all Persons whatsoever from going to live or settle in the Indian Country. However, we thank you for your Information ; shall make enquiry about Anderson, and shall do our Endeavours to prevent any thing of the sort for the future ; But you know that notwithstanding all our Care, as it is at such a Distance, People may go there and we know nothing of it. A Belt. " But in order to prevent any Misunderstanding or Quarrels be- tween us, we now desire that if any of our People should hereafter attempt to take away any Oar from your Mine, you will endeavour to learn their Names and give the Governor early Information of it, that he may call them to an Account for it, and you may let them know that you have the Governor's Orders for this." A List of the Goods, &c., presented by the Governor to the In- dians on this Occasion, viz' : 8 Black Strouds, 12 Silk Handkerchiefs, 8 Indian Blankets, A piece of spotted Cotton Handkerchiefs, 2 Horses & a Saddle. PEOVINCIAL COUNCIL. 833 At a Council held at Philadelphia, on Saturday the 4th October, 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &c. Benjamin Chew, Richard Penn, The Governor laid before the Board the Returns of the Sheriffs au'd Coroners elected for the several Counties in this Province, and the Government on Delaware, which being duly considered, the following Persons were appointed and commissionated as the Sher- iffs and Coroners for their respective Counties, viz'- : I Esq- William Parr, Caleb Cash, Philip Ford, John Trapnall, William Buckman, William Boyle, Jasper Scull, Christopher Witman, John Barr, Mathias Slough, Peter Kacklein, David Bahringer, David McConnaughy, Joseph Adlum, John Holmes, James Jack, John Thompson, James Walker, Thomas Collins, Solomon Wallace, Rhoads Shankland, Thomas Gray, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, Sheriff, Coroner, > Philadelphia County. I Chester D°" Bucks D"- I Berks D'- I Lancaster D^' i Northampton D"' I York D"- !■ Cumberland D"- New Castle D' I Kent D"- I Sussex J)°- At a Council held at Philadelphia, on Friday the 10th of Octo- ber, 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c. Benjamin Chew, > -^ , Richard Penn, \ ^^^ The Governor laid before the Board the Records of Conviction of Dennis Scanlan, for a Robbery on the Highway, and of Abra- 334 MINUTES OF THE ham Ryall and John Christ, for Burglaries, at a Court of Oyer and Terminer and General Gaol Delivery, held at Philadelphia on Tuesday, the 23d of September last, before William Allen, Will""' Coleman, and Alexander Stodman, Esquires, Justices of the Su- pream Court, &c., which were certified as true Transcripts by the Clerk of the said Court. By one of the said Records it appears that on the said twenty-third day of September, Dennis Scanlan was tried and convicted of Felony and llobbery on the Highway, committed on the Person of George Gray, the r2th day of August last, and had received Sentence of Death for the same. By another of the said Records it appears that on the said 2od of September, Abraham Ryall was tried and convicted of Felony and Burglary, committed in the mansion House of Samuel Burkeloe, in the Dis- trict of Southwark, the 10th of April last, and had also received Sentence of Death for the same And by the Other Record it ap- pears that on the said 23d of September, Jn°- Christ was tried and convicted of Felony and Burglary committed the 26th July last, in the mansion House of Chrisf' Aenger in the said City, and had likewise received Sentence of Death for the same. The Board taking these several Cases into due Consideration, and no Circumstances having been reported to the Governor by the Justices of the Said Supreani ('curt, nor otherwise appeared in their favour, excepting with respect to John Christ, the Board were of Opinion that the Sentences of the Court against Dennis Scanlan and Abraham Ryall should be put into Execution, and a pardon granted to John Christ. The Governor accordingly signed Warrants for the Execution of the two former, on Saturday the 18th of October, Instant, and is- sued a pardon for the latter. At a Council held at Philadelphia, ia the Council Chamber, on Wednesday the 15 October, 17GG. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c. Benjamin Chew, Richard Penn, Eq"- Eight Members of Assembly Avaited on the Governor last night, and acquainted him that pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and having proceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that he might be presented for his Honour's Approbation. The Govei'nor having appointed this day at 12 O'clock for that purpose, acquainted the House by the Secretary, that he attended his appointment in the Council Chamber, and was ready to receive the House with their Speaker. PROVNCIAL ICOUNCIL. 335 The whole House accordingly came up, and presented Joseph Galloway, Esq""' as their Speaker, who, after receiving the Gover- nor's Approbation, claimed the usual Privileges in the name and behalf of the House, viz*- : 1st. That the better to discharge the Business of the public, they may at all seasonable times have free access to the Governor,. 2dly. That their persons may be protected from all Arrests & Insults during the time of privilege accustomed. 3dly. That it may please the Governor to take no Notice of any Report that may be made touching any matter or thing that may bo moved or debated in the House until the same shall have passed into Resolves, nor give the least Credit to such Report. These being requested by the Speaker, as the Rights and Privi- leges of the Freemen of Pennsylvania, derived & confirmed to them by the Charter and Laws of the Province, and the Speaker further requesting of his Honour that his own unwilling mistakes may be excused, and not imputed to the House, the Governor was pleased to make answer that he looked upon them to be essential in a Re- presentative Body, and the House might depend on his care in pro- tecting them therein. The Governor afterward informed the Board that on the 1st of August, last, Mr. John Cox, Jun"^' of this City, presented him a Memorial, setting forth that on the 19th day of June last, when the Sheriff of Lancaster County, with a Jury, were, pursuant to an Order of Court, about to make a view of a Tract of Land in con- test between the said Mr. Cox, and Robert Potts, and about to run its Boundaries, the Sheriff was interrupted by Thomas Forster, E.sq'" one of the Justices of the Peace for the said County of Lan- caster, at the head of a mob of about 25 men, armed with Clubs and other Dangerous Weapons, who, together with the said Thomas For- ster, and at his instigation, abused and assaulted the Sheriff and Jurors, broke the Surveyor's Chain, and committed many Acts of Violence and Outrage; that, altho' the Sheriff produced and published his Authority, Mr. Forster treated him with very offen-sive and oppro- brious Language, and took great pains to inflame the Minds of his Adherents, and provoke them to a forceable opposition of the Sheriff; That the Sheriff called upon him at several times, to exert his Au- thority as a Magistrate, to command and keep the Peace, which he refused to do; and that upon being told the Governor should be made acquainted with his Conduct, he damned his Commission, &c"- His Honour further informed the Board that he immediately communicated to Mr. Forster, by Letter, the above Charges against him, in order to give him an Opportunity of exculpating himself, and disired him, if he intended to make any Justification of his Conduct, to acquaint him with the time he proposed to bring down his Witnesses for that purpose, that Mr. Cox might have Notice to attend; But that Mr. Forster had neglected to answer his Hon- 336 MINUTES OF THE our's Letter, or to say any thing in his own Vindication ; And that be had since been well informed that Mr. Forster, with several per- sons, were indicted for the Misdemeanors above mentionedj at the last Court of Quarter Sessions at Lancaster. The Council taking this matter into Consideration, were of Opin- ion that Mr. Forster ought no longer to be continued in the Com- mission of the Peace ; The Governor, therefore, issued a Supereea- deas to remove him from the Magistracy. At New-Castle, Tuesday the 21st October, 1766, A. M. present: The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c. ; and Richard Penn, Esquire. Three Members of the Assembly of the Government of the Lower Counties waited on the Governor with a Message fr im the House, that they had met yesterday, pursuant to the Charter and Laws of the Government, had chosen their speaker, and desired to know when an,d where they might present him to his Honour for his approbation. The Governor having answered them that he should be ready to receive the House immediately at his Lodgings, They accordingly attended, and presented Mr. John Vining as their Speaker, who, after being approved by the Governor, claimed, in behalf of the House, the usual privileges, which were allowed, and then they withdrew. Eodem die, P. M. A Message was delivered to the Governor by three Merabersj acquainting him that the House were duly qualified, and desired to know if his Honour had any Business to lay before them. The Governor answered that he had nothing to recommend to them, and desired they would proceed to do the business of their present Session. At a Council held at New Castle, on Saturday the 1st Nov'* 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ea. Benjamin Chew, > g j Richard Penn, ^ ^ The House having yesterday and this day sent up to the Gover- nor Eight Bills for his perusal and concurrence, his Honour laid PROVINCIAL COUNCIL. 337 them before the Board for their consideration. The Board accord- ingly read and considered Six of the said Bills, entituled, as follow, viz' : L " An Act to enable a Majority of the owners and possessors of the Marsh and Cripple lying on prime hook Creek, in the County of Susses, on Delaware, to Embank and Drain the same, and to keep the outside Banks and Dams in good repair forever." 2. " An Act for the more effectual draining and improving the Marsh on the North End of the Town of New Castle, in the Tenure and Occupation of John Finney, Esq"' the Rev"* Aneas Boss, James Sykes, Esq'' and John Maxwell, the Heirs of Benjamin Price, Dan- iel McLonen, Robert Morrison, John Silsbee, George Munro, Esq''- and Nathaniel Silsbee." 3. " An Act to enable the Owners and Possessors of the Marsh and Cripple, lying upon Blackbird's Creek in Appoquinimink Hun- dred, and County of New Castle, on Delaware, to embank and drain the same, and to keep the outside Banks and Dams in good repair forever." 4. "An Act to enable the owners of a piece of Marsh, on the South side of Pertdie Creek, fronting the river Delaware, effectu- ally 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 Stidham to Delaware aforesaid, and down the same, to the Southerraost point of the fast Land of James Eves, to keep the same Bank and Dam in good repair for- ever, and to raise a Fund to defray sundry contingent and yearly Expenses accruing thereon." 5. "An Act for aiding the discontinuance of the Process of the Supreme Court in the County of Sussex, and for appointing other days for holding the said Court within the said County." G. "An Act directing the choice of Inspectors and Assessors in this Government, and for the Amendment of an act entituled ' An Act for raising Rates and Levies,'" Which were returned to the House by the Secretary, with a few Amendments made to the three first, and a verbal Message that the Governor agreed to the three last mentioned Bills. Then were also read the two other Bills, entituled, 1. "An Act to enable Mary Sykes, an Infant, by Guardian, to suffer common Recoveries of her real Estate in the Counties of New Castle and Kent, in order that the same may be held by her in Fee Simple." 2. "An Act for the amending the Laws" relating to Testamentary Affairs, and for the better Settling Intestates' Estates." Which being duly considered, were returned to the House by the Secretary, with a verbal Message concerning the former, and a written Message respecting the latter. The said Messages follow in these words, viz'- : VOL IX. — ^22. 338 MINUTES OF THE Verbal 31essage to the House, delivered hy the Secretary. " Sir : " The Grovernor returns the Bill entituled 'An Act to enable Mary Spykes, an Infant, by Guardian, to suffer common Recoveries of her real Estate, &c.,' and desires me to inform the House, that the reasons set forth in the Bill, do not appear to him of suflficient Weight, or of so much benefit & advantage to the Infant as to in- duce him to give his assent to alter & change the nature and Quality of the Estate she holds under the will of the Donor, Robert French ; and further, that he apprehends those in reversion or re- mainder, whose Interests are to be affected in this case, ought to have had notice of the Bill before it passes into a Law. Where- fore, at present, he cannot assent to it." A Message from the Governor to the Assembly. "Gentlemen : "I have considered the Bill entituled 'An Act for the amending the Laws relating to Testamentary affairs, and for the better set- tling Intestates' Estates,' with as much Care as the shortness of the time and the attention I have been obliged to pay to several long Bills just returned to you, would admit of. " The Motives which led you to the framing this Bill are very laudable ones, and I am most heartily disposed to concur with you in every Measure that can be devised for effectually securing minors and Orphans in the Enjoyment of their Estates ; but as I imagine the Sessions is drawing to a Conclusion, the present Bill appears to me of so much Importance, and of such a Nature, as to require more thought & Consideration than I can now give it. I therefore pro- pose, if it is not disagreeable to you, to take my Leisure to consider it during the recess of the House, and to return it at the next Sessions, with my Sentiments upon it. "JOHN PENN. "New Castle, 1st November, 1766." It being represented to the Governor that three Magistrates were wanted in Kent County, to accommodate the Inhabitants of those parts, where no Justice of the Peace lives within many miles dis- tance; And Jacob Stout, Fenwick Fisher, and Thomas Tilton, being recommended as proper & fit persons for that purpose, The Governor, with the advice of the Council, ordered a new General Commission of the peace to be prepared, leaving out such of those named in the last Commission as refused to qualify, and appointing the above named Gentlemen in their stead. A Commission was accordingly this day issued, assigning the members of Council and the following Gentlemen, Justices of the PROVINCIAL COUNCIL. 339 Peace and of the County Court, Court of Common Picas, for the County of Kent, Viz'-: John Caton, John Barns, Richard Wells, James Sykcs, Thomas Irons, William Rhoades, Andrew Caldwell, William Rodney, Cacser Rodney, Robert Holliday, Charles Ridgely, John Clark. Robert Klllen, Jacob Stout, Fenwick Fisher, Thos. Tilton. Eodem Die, 7 o'clock, P. M. Three Members of Assembly waited on the Grovernor and ac- quainted him that the House were very thankful to his Honour for his Message concerning the Bill for amending the Laws relating to Testamentary Affairs, and settling Intestates' FiStates ; But that, as it was a Bill wliich the House had much at heart, and had given great attention to, during their last as well as present Sessions, & would, it passed into a Law, be of very considerable Use and Bene- fit to their Constituents, The House earnestly requested the Gov- ernor would be pleased to take it under his Consideration at this Sessions, and that, unless the public Business of Pennsylvania require his immediate attendance at Philadelphia, The House were inclined to sit as many days longer as the Governor should think requisite, in order to deliberate upon a Bill of so much Importance to the Government. Whereupon the Governor resumed the Consideration of the Bill for amending the Laws relating to Testamentary Affairs and better settling Intestates' Estates; and after some time spent therein, having made several material Amendments to it, returned it to the House, with a verbal Message by the Secretary, "that his Honour had made some hasty amendments to it, and, if the House agreed to them, was ready to pass the Bill into a Law, tho' he should have been glad to have had it in his power to give more time in the Con- sideration of it." Eodem die, 11 o'clock, P. M. The House sent a Message to the Governor by three Members, acquaintii:g him that they had acceded to the Amendments proposed by hia Honour to the Intestate Bill, as well aa to The othera which 840 , MINUTES OF THE had been returned to the House ; and they desired the Governor would be pleased to appoint a time for passing the Bills. His Honour having answered, that he was then ready to receive the House, They immediately attended at his Lodgings, and the Speaker pre- sented the Seven Bills agreed on, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and di- rected the Secretary to accompany two Members of Assembly, to see them Sealed and deposited in the Rolls Office. The Speaker then delivered to the Governor Orders on the Trustees of the Loan Office for £200, for which he returned Thanks to the House. 7th November, 1766. MEMORANDUM. It being represented to the Governor that two Justices of the Peace were wanted in Berks County, in the room of William Maug- ridge and Jacob Le van, Esq"' deceas'd,and Sebastian Zimmerman and Nicholas Harmony, being recommended as Proper and fit Per- sons to be Commissionated for that purpose, The Governor according- ly appointed thembyissuinga special Commission, assigning the said Sebastian Zimmerman and Nicholas Harmony, Justices of the Peace and of the County Court of Common Pleas for the said County of Berks. At a Council held at Philadelphia, on Saturday the 15th of November, 1766. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c. Benjamin Chew, Richard Penn, Esq"' The Governor haviflg, on Saturday last, received by the Packet the following Letters, laid them before the Board for their Conside- ration, viz'-: Two from the Right Honourable the Earl of Shclburne, 'one of His Majesty's Principal Secretaries of State ; one dated the '9th of Aug'-' 1766, inclosing his Majesty's Order in Council of the 8th of the same Month, and the other bearing date the 13 Septem- ber last. Also, a Letter from the Right Honourable the Lord's Commissioners for Trade and Plantations, dated the 1st of August, 1766, which were read, and are as follow, viz'-: PROVINCIAL COUNCIL. 341 A Letter to the Governor from the R't. Hon'ble. the Earl of Shel- hurne. " Whitehall, 9th August, 1766. <'Sir: The King having been pleased to make an Order in Council, bearing date the 8th Instant, which revokes and repeals every Clause and Article contained in the Order made by his late Majesty in Council, on the 11th day of March, 1752, I transmit to you here- with, in Obedience to the above mentioned Order, a Copy of the same for your Information and Observance. "lam, with great Truth and Regard, Sir, " Your most Obedient humble Servant, '' SHELBURNE. " Deputy Governor of Pensilvania." Hop?/ of His Majesti/s Order in Council, dated the Sth Aug'st, 1766. " At the Court at St. James's the 3th day of Aug'- 1766. " PRESENT : "THE KING'S MOST EXCELLENT MAJESTY. " Lord President, Earl of Hillsborough, "Lord Privy Seal, pjarl of Shelburne, " Duke of Grafton, Viscount Falmouth, " Earl of Hertford, Mr. Secretary Conway. " Whereas there was this day laid before his Majesty, at this Board, an Order made by His late Majesty in Council on the 11th day of March, 1752, containing several Rules and Regulations re- lating to his Majesty's Colonies and Plantations in America, par- ticularly with respect to the Correspondence to be carried on be- tween the Lords Commissioners for Trade and Plantations & the -p,^ . Richard Pcnn, S The Roard resumed the consideration of the Bill for preventing the Exportation of Bread and Flour, not Merchantable, and the following amendments were made aod ordered to be setit down to the House with the Bill. ^^iiicndments to the Bill entituled "An Act to preveot tte Ex- portation of Bread and Flour not merchantable:" " Page lo, last line, after the first Word [tiie] add th-e Words [City or]. ^' Page 19, Lines 4 & 5, Dele the words [Assembly shall appoint another] and insert the words [End of the nest sitting of Assem- bly, and no longer, except he shall be re-appointed by Act of (jreueral Assembly]. " Pige 24, Line 1. Before the Word fCounty] add the word [City]. " Page 26, Lines 7 & 8, after the Word [Pounds] dele the Words [the same]. ''' Same Pa., Line 13, after the Word [by] insert the Words [ac- tion of Debt]. ''Pa. 27, Lino Penult. Before the word [Township] insert the Words [City or]. "Pa. 30, Lines 8 & 9. Dele the Words [others are appointed by the Assembly of this Province] and instead thereof insert the S56 MINI3TES OF THE Woyds [tbe end of the aext &itting of Ass^jaably, a-nd no- loDgeTj, except He orthey &hall be re-appoiuted by act of General Assembly, Amendmeat to the Rider, Line 7, Dele the Woard [tbe] and in- sert the words [act of General"]. The Bill foT prevsnting the inconveniences arising, from Delays* of Causes after Issu*e joiDcd, -was also reconsidered, an.sndsaeDt3 to the Bill entitulet^ " An Act to prerest the exportation of Bread aiad Flour Dot merehantable." Aniendsnent 1st. — ^Tbe Ro-ase ag7ee to- the Soverae'r's asiesd- Meet. 2. — The Hoarse adhere to the BillL — Agreed to by the House. — Agreed to- by the House. — Agreed to by the House. — Agreed to b j the House. — -The House adhere to the Bill. — The House adhere io the Rider. At a Corsncil held at Philadelphia,, en Wednesd'ay 4tb Feb**' 1767. PRESENT r The Honourable JOHN PENN, E^qoire, Licatemnt GoTeiuoT;. &ca. Richard Peters, Richard Fenn, > „ ^. Benjamin Chew, James Tilghman, y sqizir The Board having considered' the Assembly's answer to the GoT- ernor^s amendiaeijt& to^ the Bread and Flour Bill;^ the Secretary was- PROVINCIAL COUNCIL. §57 -directed to Return the Bill to t'-ie Hot^iso, aod acquaint tliem that the (jfovernor adhered to his amendmeists. The Bill entitaled " A Supplement to the Act entit«led ' au Act for establishing Ccarts of Judicature in this Province," ' being cagain read and takea into consideration, the followiug anieadmeats were made thes'eto,^ and the Bili was ordered to be Ileturned to tiie Assembly with the same, viz'-: ■" Amendments to the Bill entitnled " a Supplement to the Act en,- tituled ' A% Act for cstablis/dng Courts oj Judicature in this Province.' " ''Page 3, Liue 6, instead of tie word [institute] s&y [erect]. '• Sa Pa., liaes 7 & 8. Uele the woi-d's [Srst recited Act], aud insert the Words [iast mentioned Actsj. "Pages 3 &. 4. Peie froia the first word [and] in the 12th Line of Page 3 to the word [whereby] exclusive, iu the 3d liEe of Page 4, and instead thereof insert as follows, viz*- : [it has been found im practicable for the Judges of the said Court to give their atten- dance, and to discharge the <^uties enjoinei them en the Days and times limited by the said first Re-cited Act for holding the said ■Courts in the Oounttes of Bucks and Chester]- •*' Page 5, Lice 3d, Dele the words [atjdiiiiicomin'Osi]. " Pa. 6, Last Line. Dele the wosrd [such]. "Pa, 7, Line 4. After the Wor& [do] insert as fellows., Viz'-: " [Provided always, that when, and as often as it shall so hap- pen, that only one G-f the Justices of the Supream Court can con- veniently go any of the said Circuits, it shall and may be lawf-ill for such one Justice to Associate with him two Persons of Ability and latcgrity m each of the ^aid Counties, to be comraissiouated for that Purpose by the Lieuteaant Governor or Commander-iu-Chief for the time being, and, together with the said two Associates, or one of tliem, to try th<3 said Issues in Fact iu the said respective "Counties, and to do all and Siogula^r those things which leiay be re- , but to establish an Essential. The mode is fully ascertained hj the Act for the advancement of Justice, whish in- vests the Judges with all the Powers of the King's Bench; and that the Bill means no more than to enable them to administer Jus- tice in the seversl Counties agreeable to the manner of practice m that Court, by repealing the appointment of the inconvenient Days, and enjoining them to Bide the Circuit when occasion requires. " We cannot help expressing our Surprize, that you should assert * that the only inconveniency of the Bills being Temporary, which we have thought proper to point out, is, that it may expire when the Province may be Governed by a President of the Council/ when in truth it was the least of our Objections. "Much pains have indeed been taken to invalidate it, while the more important one is passed over in silence ; And even this is done by oifering to our Consideration a new amendment of your former Amendment, proposing to extend the duration of the Act till there should be a compleat Legislative Power in the Goyernmcnt, which evidently proves that even this objection before stood in full force. But, on revisal of our Message, you will find that our principal Reason for making the Bill perpetual was, that. Justice ought not to be Temporary, Precarious, or dependant on the Will and Pleas- ure of either Branch of the Legislature. "/•This objection, then, being unanswered and unnoticed by your Honour, remains with all the weight and importance it had when we first offered it. " You are pleased further to remark, " that the first mentioned objection militates equally against all Temporary Laws, and it should seem strange that the discovery was never made before." " It may, in some measure, militate against all such Laws, but^ we contend that it does not equally; and it seems as ' strange' to ua, that your Honour has not yet discovered that the Province would suffer much more by the Expiration of some temporary Laws iban others, should a President of the Council preside, who has PROVINCIAL COUNCIL. 373 not the power of reenactiug. The Province might for a tmie be without the Act for erectiEg a Light Rouse, &ca., or the Law for. extending the Escise on Strong Liquors, with many others, without Sustaining any gres.t inconvenience or loss, not more than before those Acts passed, or perhaps not so much, but, to have .Justice cease in the several Counties, would lie an oppressiou of a much more grievous Nature, and Eiore sensibly felt by the People; And therefore, in our opinion, athe' the Legislature may run this Risque in the former Cases, yet, ia the latter, it ought never to be done. " Your Honour is pleased further tj the Governor appointing John Allen, Esq ■ a Justice af the Peace and of the County Court of Common Pleas for the County of Philadel- phia. Monday, 23d March, 1767. The Speaker of the Assembly this day sent to the Provincial Secretary, a written Order to issue a Writ for tie Electioa of a» PROVINCIAL COUNCIL. 375 new Member of Assembly for Chester County, which followa in these Words, viz.,: *' Pennsylvania, ss : " By a Resolve of this Assembly on the nineteenth Instant, I am impowered and directed to order the Provincial Secretary that he do issue a Writ to the Sheriff of the County of Chester, for the Election of a Member to serve as a Representative in this Assem- bly for the said County, in the room and stead of John Morton, Esquire, whose seat is become vacant. Therefore, by virtue of the said Resolve, and in pursuance of an Act of Assembly of this Pro- vince in that Case made and Provided, 1 do require that a Writ be issued to the Sheriff of the said County for the purpose aforesaid, according to the direction of the said Law, Dated at Philadelphia, the twentieth day of February, 1767. " JOSEPH GALLOWAY, Speaker. " To Joseph Shippen, Jun'- Esq'' Provincial Secretary." The Secretary communicated the same to the Governor, and a Writ was accordingly issued this day, directed to the Sheriff of Chestor County. At a Council held at Philadelphia, on tuesday 4th April, 1767. PRESENT : The Honourable JOHN PENN, Esq'-, Lieutenant Governor, &^ Benjamin Chew, ") -p James Tilghman, j * The Governor laid before the Board, for their consideration and Advice, a Letter from his Excellency Horatio Sharpe, Esquire, Governor of Maryland, dated the 26th March last, and also a Peti- tion from John Redick, which were read, and follows in these Words, Viz' : ^ Letter to the Governor from the Governor of Maryland " Anapolis, the 26th March, 1767. "Sir: " John Roddick, the Bearer hereof, having represented to me and produced the inclosed Paper, (signed by several of the Jus- tices of Frederick County, in this Province), to show that some of the Inhabitants of Peunsylvania have by violence dispossessed him of a tract of Land which he had many Years held peaceably under a Maryland Patent, I have told him that as the Land lies North- 376 MINUTES OF THE ward of the dividing Line, which was run last Year, he must apply to your Government for Redress, and that I aui persuaded you will, upon his waiting on you with a state of his Case, interfere so far aa to prevent his being by violence kept out of Possession or de- prived of his Farm, unless on a fair trial some other Person can ahew a better liight to it. " I am with great Regard, Sir, " Your most obedient humble Servant, "HORATIO SHARPE. " Governor Penn." .4 Petition to the Governor from John Redick. To the Honourable John Penn, Esquire, Governor of Pennsyl- vania. " The Petition of John Redick, Farmer, most humbly shewetb, That your Petitioner was possessed of part of a Tract of Land, called Carrol's delight, taken up and Patented in Maryland, under the Right Honourable Lord Baltimore, in or about the Year Sev- enteen hundred and thirty-five, by Charles Carrol, Esquire, of An- apolis ; The Quit Rents arising due upon which Land, so long as your Petitioner has known it, have been annuall}' paid to Lord Bal- timore's Agent ; That by the last Line, run as a divisional Line between the Provinces of Maryland and Pennsylvania, the same Land lies in the latter ; that a certain William Patterson, with a naoiber of his confederates, in the absence of your Petitioner, made a forcible entry into his, your Petitioners, dwelling House, standing upon the said Land; drove from thence his Children, seized upon your Petitioner's Wheat, Spelts, Indian Corn, Rye, Flax, Hogs, Sheep, koS^ Whereupon, your Petitioner applied to a Magistrate of Frederick County in Maryland, (apprehending, and having the strongest reason to believe, that the Magistrates in York County would not concern therein, by reason of the Divisional Line aforesaid not being finally settled,) who ordered an enquiry to be made, agreeable to the statutes in such cases of forcible entry and detainer ) an Inquisition of the County and neighborhood there- upon being had, found the Entry and Detainer with force, and a Warrant was issued, directed to the Sheriff of Frederick County, to make Restitution to your Petitioner; in Obedience to which Warrant, the said Sherifi^, with about thirty Men, were approaching the house aforesaid, to which, when they had got within the dis- tance of Sixty Yards, the Deforceants, with Guns pointed, ordered them not to advance a single step at the Peril of their Lives, and the said Sheriff, esteeming it dangerous to attempt forcibly to exe- cute the Warrant aforesaid, returned without more doing ; That PROVINCIAL COUNCIL. S7T your Petitioner applied to tho Justices of Frederick County Court, in Maryland, for their assistance, but the said Justices apprehending their Jurisdiction did not extend beyond the Line run between the Provinces aforesaid, refused to act in the Case. Your Honour's Justice and benevolence being the only Resource now left your Petitioner, he most humbly implores your Honour to take his dis- tressed Case into Consideration, and pursue such measures for his Relief as your Honour's Wisdom and Cleinency will point out, and your Petitioner, as in duty bound, will pray. "JOHN KEDECK. '' March 2Cth, 1767." The matter of the said Letter being duly weighed and considered, the following answer thereto was drawn up, approved, and sent to Governor Sharpe : A Letter from the Governor to Governor Sharpe. "Philadelphia, April 5, 1768. •' Sir : '' I received your favour of the 26th March last, by Jn"- Redick, who appears to have been very injuriously and cruelly treated, and being sincerely disposed to assist him as well as to promote the Peace and tranquility of the two Provinces, I could wish it were in my power to aflford him the Redress his wrongs so loudly demand. It appears that the Land of which he has been dispossessed was granted by Lord Baltimore in the Year 1735, and was possessed under that Grant in the Year 1738, when the Royal Order for settling the Temporary Line was made. By that Order, the Possession of Lands, tho' beyond the Temporary Limits prescribed by it, and the Jurisdiction of the respective Proprietors, were to remain as they then were, till the boundaries between the two Provinces should be finally settled. The right of Jurisdiction, therefore, depends on the determination of a previous Question, which is, whether what the Commissioners have done is a final Settle- ment of the Boundaries ? and I confess I cannot help being of Opinion, that as things stand the matter is not yet brought to such an Issue as to make it prudent for this Government to in- terpose on this occasion ; and I am the more confirmed in this Opin- ion, because the Jurisdiction on either side the Tangent Line still remains unchang'd, tho' the Boundaries have lor some time been set up in that Line. Another consideration that induces me to de- cline any interposition in the affair is, that the Person now in Pos- session had the Deed under which he claims Recorded in Maryland, and has paid the Quit-Rent of the Land, even since the violence committed to the Agents of Lord Baltimore, and thereby, as I con- ceive, he not only hath acknowledged, but your Government hath claimed and exercised, Jurisdiction in this Case. But tho' I cannot. 378 MINUTES OF THE for the reasons I have offered, afford the injured Person the Relief he stands in need of, you maybe assured that those who have injured him shall receive all possible discountenance from this Govern- ment. " I have the Honour to be, with great Regard, Sir, '* Your most Obedient humble Servant, "JOHN PENN. " To his Excellency Horatio Sharpe, Esquire." At a Council held at Philadelphia, on Friday 24th April, 1767. PRESENT ; The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c» Richard Peters, Benjamin Chew, \y, ■ James 1 ilghman, J ^ The Governor having lately received by the Pacquet, two Letters from the Right Honourable the Earl of Shelburne, one of his Ma- jesty's principal Secretaries of State, one dated the 11th Decern'' 1766, the other January 13th, 1767, laid the same before the Board for their Consideration, together with the draft of two Letters in answer to them, as also an estimate of the Annual charge of Sup- porting the Establishment of this Province, and the List of the Fees of the different Offices which they respectively refer to. The Council having thereupon duly considered them, and ap- proved the said Answers, &c*' they were ordered to be fairly Transcribed, and forwarded by the first Conveyance. The said Letters and Answers follow in these words, viz'- : (No. 1.) ^rom the 1 " Whitehall, December 11th, 1766 ./? Letter to the Governor from the JRt. Hon'ble. the Earl of Shel- burne. " Sir : *< I am to signify to you his Majesty's Pleasure, that you will, ■with as much dispatch as may be, transmit to nie, for his Majesty's information, an exact Estimate of the annual Charge of maintain- ing and supporting the entire Establishment of his Majesty's Colo- ny of Pennsylvania, distinguishing the different Funds, and the dif- ferent Services to which those Fuuds are appropriated. " You will be very particular in specifying what Funds are fixed and regular, from those which are annually granted, or which expire in a given time. *' It is also his Majesty's Pleasure that you transmit to me at the same time, a full and clear account of the manner of imposing PROVINCIAL COUNCIL. 379 Quit Rents, and of levying them, as also the Mode of granting Lands in your Colony, Specifying the Amount of Arrears of Quit Rents, and the number of Grants hitherto made, and to whom ; hoW many Acres to each, and at what tiQ-.e the Grants have been made. " I am Sir, your most Obedient humble Servant, '* SHELBURNE, " Deputy Governor of Pennsylvania." P, S. — In your future dispatches I would recommend to you the giving every seperate Subject a seperate Letter, and the num- bering of each Letter; this method will contribute much to the Or- der and dispatch of Business. (No. 2.) Ji 2nd Letter to the Governor from the Earl of Shelburne. "Whitehall, January 13th, 1767. "Sir: " By my Letter of ll"" December, I signified to you his Majesty's Pleasure, that an exact Plstimate of the Establishment of the Colo- ny of Pennsylvania should be transmitted to me, for his Majesty's information; also a full and clear Account of the manner of grant- ing Lauds and imposing Quit Rents. I am now to signify to you his Majesty's further Pleasure, that you transmit to me at the same time, the established Fees of the different Offices in the Colony, particularly the Fees and other Charges attending Grants of Lands, whether legally established or received as Perquisites, which have got a Sanction by Custom, and distinguishing each. " I am with great Truth & Regard, Sir, " Your most Obedient humble Servant, " SHELBURNE, "Deputy Governor of Pennsylvania." (No. 1.) A Letter from the Governor to the Earl of Shelburne. " Philadelphia, 24th April, 1767. " My Lord, "I have the Honour to acknowledge the Receipt of your Lord- ship's Letter of the 11th December last, and in obedience to his Majesty's Commands therein signified, I herewith transmit for his Majesty's luformition, an Estimate of the Annual Charge of sup- porting the Establishment of Pennsylvania, and at the Foot thereof, 380 MINUTES OF THE have noted such observations respecting the Funds established by Law, as will be sufficient to explain the nature of them, and the purpos'es for which they were created. " In answer to the other part of your Lordship's Letter, respect- ing the manner of imposing Quit Rents, and granting Lands in this Colony, of which your Lordship is pleased to signify that his Ma- jesty recjuires a full and clear Account, I beg leave to acquaint your Lordship that the Proprietary Quit-Rents are created by way of Reservation in the Grants of Lands to the Settlers, and they are levied by way of distress according to the Laws of England, where a distress is to be found upon the Land, and if there be no distress upon the Land, an Action of debt lies against the Grantee of the Land for the Quit-Rents. These Rents, in many parts of the Pro- vince, upon the old Grants, were so trifling, that they have been a good deal disregarded, and scarcely thought worth the trouble and Expence of Collection, and have remained so long unpaid, and the Old Rent-Rolls, of Course, in so much disorder, that it would re- quire a very long time, and a great deal of Pains, to make an Es- timate of the amonnt of the Arrears, if it be at all practicable. ''There is no being exact as to the number of grants ; about Seven Thousand have issued since the Year 1700 ; and before that time there is no regular Account of any Grants by Patent. The usual mode before that time, was by Lease and Release of unlocated Quantities to be afterwards surveyed. These Deeds were not al- ways Recorded. " As to the Names of the Grantees, the Quantity of Land to each, and the times of the Grants, I would beg leave to represent that they cannot be given without, in a manner, copying four or five very large Folio Volumes, which contain the Registry of Grants, and which, to extract, would require a time and Expence I can scarcely imagine his Majesty is apprehensive of. However, if it be the Royal Pleasure, it must be executed. There are two modes at present of granting Lands in Pennsylvania : 1st. Where the Lands are settled and improvedupon (as is the Case in a multitude of instances), the Improver applies for a Warrant to take up a certain quantity of Land, including his improvement, and \jtpon paying down two-thirds of the purchase money, a Warrant is made out by the Secretary of the Land Office, under the Seal of the Office, and is signed by the Commissioner of Property, who at present is the Governor, This Warrant is sent to the Surveyor General's Office, there to be I'ecorded, a Copy of it is sent by the Surveyor General to his Deputy in the Country, with an Order to make a Survey. When the Survey is made, a Draft of it is re- turned into the Surveyor General's Office, whence it is certified into the Secretary's Office, and upon payment of the remainder of the purchase money with Intei-est, and Arrear of Quit Rent from the time of making the improvement, the Grant is made out by the Secretary of the Land Office, under the Great Seal, signed by the Commissioner of Property. PROVINCIAL COUNCIL. 381 " The other mode of granting respects uncultivated vacant Land, The Person who would take up such Land, applies to the Sccetary of the Land Office, and puts in his Location, which describes the Township and County where it lies, and on whose land it bounds, if it be adjacent to any, if not, on or near what River or Creek, or other remarkable place, it is Situate, and expresses the Quantity the applier would take up. These Locations are all Numbered as they are applied for, and after being entered in their Order in a Book kept for that purpose by the Secretary of the Land Office, they are sent up in the same Order to the Surveyor General's Office, and from thence Orders are issued by the Surveyor Greneral, still in the same Order, to his Deputies in the Country, to svirvey and return the Lands mentioned in the Locations. When they are surveyed, they are Returned into the Surveyor General's Office, as in Case of improved Lands, and then a Warrant issues from the Secretary's Office to the Surveyor General to accept the Survey," and certify it into the Secretary's Office, upon which, and payment of the whole purchase money, a Patent or Grant is made out by the Sacretary, as mentioned above. " I have the Honour to be, with great Respect, " My Lord, Your Lorship's most Obedient, " humble Servant, "JOHN PENN. " To the Right Honourable the Earl of Shelburne." An Estimate of the Annual Charge of maintaining and sup- porting the Establishment of the Province of Peiinsylvania. Salaries usually allowed by the Assembly to Officers of Govern- ment for their Services, viz'' : The Lieutenant Governor, . . . . 1,000 The Chief Justice of the Supreara Court, - - 200 The two other Judges of the Supreara Court, each £100 200 The Attorney General, ... 75 The Clerk of the Governor's Council, - 15 1,490 Accompts for Public Services Annually allowed by the Assembly, viz'' : The Members of Assembly, for their attendance, from £ 600 to £ 1000 f Annum 800 Several Members of Assembly for extraordinary ser- vices 150 The Agent for the Province in London, £200 St"' a 75 f ct. - - 350 The Clerk of the Assembly for his Services, about - 200 Acco'' of Printing Laws, Votes, &c''' and for Paper - 100 Acco'- of Postage of LettwS; about - - - 70 MINUTES OF THE The keeper of the G-reat Seal for affixing the Seal to Laws, &c*- --.-... 15 The ('lerk of the Governor's Council, Acco'- of War- rants, &c*' - 15 The Master of the Rolls for Recording Laws and making Exemplifications of them - - - 30 The Barrack master of Philadelphia - - - 50 The Barrack master of Lancaster - - - - 40 The Clock Maker, for his care of the State House Clock, and Acco'-. of other Services, about - - 50 Door-keeper to the Council 5 Serjeant at Arms - - - - ... 10 Door-keeper to the Assembly, for his Acco'- of Ser- vices 25 40 1,910 £ 3,100 Observations respecting the Funds in Pennsylvania. "The foregoing Charges of Government have been usually paid by Order of the Assembly, out of the Funds arising from the In- terest of £ 80,000 in Bills of Credit, emitted on Loan at 5 '^ Cent. But as that Fund, near its expiration, became diminished, and the Law establishing it required that all the Bills of Credit, emitted on Loan, should be paid in and sunk in the Year 1762, The G-overn- ment Charges in the years 1760, 1761, 1762, & 1763, were defrayed out of the Money granted by Parliament to the Colonies, to Reim- burse them for their Expences in the late War. "The same Charges have accrued in the Years 1764, 1765, & 1766, but as there have been no Funds lately subsisting, sufficient to d fray them, nor any new ones created for the purpose, the Province still remains indebted for the same. " There have been no Funds actually fixed, nor any annually granted in this Province. The Laws which have established any have ever been occasional and limited to continue a certain num- ber of years. " The only Funds which have been created by the late Acts of Assembly are of five kinds, and as follow, viz'- : 1st. " An Annual Interest of 5 p C'- arising on the Bills of Credit struck from time to time and emitted on Loan which inter- est hath been applied towards defraying the Charges of Govern- ment, and to such other uses as the Assembly directed. This Fund expired as abovementioned, in y'- year 1762. PROVINCIAL COUNCIL. 383 2dly. " An Excise laid on Wine, Rum, Brandy and other Spirits, of 4''- p Gallon in the year 1756, and continued Ten Years, for Sinking Thirty Thousand Pounds emitted in Bills of Credit and granted to the King's use, now Expired. 3d. " Several Taxes of Eighteen Pence in the Pound on all Estates Real and Personal, raising about £23,000 "^ Annum, which is applied towards sinking and destroying the Bills of Credit issued at different Times during the late War, and granted as Supplies to the King's use. These Taxes are directed by Law to be con- tinued till the Year 1772, and as much longer as till all the Bills of Credit now Current in the Province shall be entirely sunk. 4th " A Duty laid on Negroes and mulatto Slaves imported into the Province, of £10 each, commencing in the Year 1761, to con- tinue till the Year 1768. The money arising from this Fund is ap- plied by Act of Assembly to the Payment of the Owners of negroe Slaves, Executed for Capital Crimes, and the Overplus towards Sinking the Sums of money heretofore granted to the King's use. This Duty has produced for the last 8 years about 56650 '^ Ann" " 5th. A Duty Tonnage upon all Ships and other Vessels coming into or going out of the Province, ojf Six Pence P. Ton, commenc- ing the 1st of January 1765, and to continue Eight Years. This Duty produces about £970 P. Annum, and is appropriated by Law for the maintenance and Support of a Light House at the mouth of Delaware Bay, and the Buoys placed in the said Bay and River Delaware. *• Besides the above mentioned Taxes and Duties, the Inhabi- tants of this Colony annually pay other considerable Taxes for the support of the Poor, repairing Roads and Highways, and for the other contingent Charges accrueing within their respective Coun- ties. The Citizens of Philadelphia also pay Taxes for the main- tenance of the Poor, Support of the City Watch and lamps, & paving the streets, &c*' [No. 2.] A 2nd Letter from the Governor to the Earl of Shelburne. "Philadelphia, 25th April, 1767. " My Lord : " Having lately had the Honour to receive your Lordship's Let- ter of the 13th January last, signifying his Majesty's Orders that I should transmit to your Lordship the established Fees of the dif- ferent Offices in this Colony, particularly the Fees and other Charges attending the Grants of Lands, &c*' I now embrace the earliest 384 MINUTES OF THE Opportunity of inclosing a List of the same, and have the Honout' to be with great Respect, " Your Lordship's most Obedient humble Servant, "JOHN PENN. "To the Eight Honourable the Earl of Shelburne." The Governor then laid before the Board Transcripts of tviro Re- cords of conviction, by which it appears that at a Court of Oyer and Terminer, and general Gaol Delivery, held at new Castle, for the County of New Castle, ou the 7th day of October 17G6, be- fore John Viniug, Jacob Vanbebber, Richard M' William and John Clowes, Esquires, the Justices of the said Court, assigned &c^' John Scarlet was tried and convicted of feloniously stealing a Mare, the Property of Caleb Perkins, on the 26th of May, 1705, and also of Feloniously stealing a Gelding, the property of William Shipley, the younger, on the 2od of May last, and did receive Sentence of Death for the said Crimes respectively. The Council having considered the Case of the said John Scarlet, and that the Justices of the said Court recommended him as an Ob- ject of Mercy, advised the Governor to issue a Pardon for him, which his Honour accordingly granted. The Governor also laid before the Board another Transcript of a Record of Conviction, whereby it appears, that at a Court of Oyer and Terminer and general Gaol delivery, hold at Dover, for the County of Kent, on the 28th Day of March last, before John Vining, Esquire, and other his Associates, Justices of the said Court assigned, Rachel Francisco was tried and convicted of Felony and Murder, committed on her own Bastard Male Child, on the 7th of February last, and had received Sentence of Death for the same. The Board took this matter into Consideration, and it appearing that the Justices of the said Court were of Opinion that there were several favourable Circumstances in the Tryal of the said Rachel Francisco, and had strongly recommended her as an Object truly worthy of Compassion and Mercy, The Governor, by the advice of the Members present, was pleased to grant the said Rachel Fran- cisco A Reprieve for twelve Months, Provided no Orders should come from the Crown for her Execution before the Expiration of the said Term. Tuesday 5th May, 1767. MEMORANDUM. Two Members of Assembly waited on the Governor, and ac- quainted him that the House were met pursuant to adjournment, and Requested to know his Honour's Result on the Stave and Pilot Bills, which had been under his consideration since the last sitting of the House, and that they were ready to receive any business be PROVINCIAL COUNCIL. 385 might have to lay before them. The Governor made Answer, that the House might expect to hear from him very soon with respect to those Bills, but that he had no particular business at present to recommend to them. At a Council held at Philadelphia, on Saturday 9th May, 1767. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governoi;, Ilichard Peters, Richard Penn, } t;, Ty • • ni T 'PI I, r Esquires, xJenjaniin Chew, James 1 ilghman, ^ ^ The Governor laid before the Board a Bill sent up Yesterday by the Assembly for his Concurrence, entituled ''An Act to amend the Act entituled 'An Act for establishing Courts of Judicature within this Province,'" v/hich was read and ordered to be laid by for a future Consideration. Two 31cRibers of Assembly waited on the Governor, and delivered him a Written Message from the House, in tlie following Wordg^ and at the same time laid before his Honour the Petition thereic Referred to : A Mesaarje to the Governor from the As?,emhl(/. '^ May it please your Honour : '' Upon Enquiry into the matters contained in this Petition here- with laid before you, we find that a ('ompany of Conoy, Nanticoke^ and Delaware Indians came last Winter into the Township of Mill- ford, in the County of Bucks, settled on the Lands of Peter Tuck without his Permission, destroyed a valuable part of his Timber, and by their disorderly and insolent Beliaviour when under the in- fluence of Spirituous Liquors, which they found means to procure, notwithstanding the Act of Assembly to the contrary, gave great cause of uneasiness and Terror to the Inhabitants j And as it is very probable the same Indians may return next Winter, and Quar- rels ensue between tiiem and the People, which may tend to disturb the Peace now so happily established between this Government and the Natives, We beg leave to request your Honour would take suoh measures as you may think most effectual to secure the public Safety, by preventing the mischiefs which are likely to attend theirr return. " Signed by Order of the House, JOSEPH GALLOWAY, Speaker. VOL.. IX. — 26, 386 MINUTES OF THE May 9th, 1767. It haTing been several times represented to the Governor that the Inhabitants in aboiit Fort Bedford, and in Sherman's Valley, were in great Necessity for Justices of the Peace to reside among thcra, and James Elliot, Bernard Dougherty, and George Robinson, being well Recommended as the most proper and best Qualified Persons in those parts of the Country to execute the duty of Magistrates, the Governor, with the advice of the Board, ordered special Commis- sions to be issued, appointing them Justices of the Peace and of the County Court of Common Pleas for the County of Cumberland. At a Council held at Philadelphia, on Monday 11th May, 1767» PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c. Richard Peters, Benjamin Chew, ) tt, T r •, T 1 I- xLsquires. liyniord Lardner, j ^ The Bill entituled " An Act to prevent the Exportation of bad and unmerchantable Staves, Heading, Boards, and Timber, was con- sidered, and the following amendment being made thereto, was Or- dered to be returned to the House with the same: "Amendment io the Bi'H entituled "An Jlct to amend the Jlct enti- tuled ^ Jin Act to prevent the Exportation of had and Unmercle- aniable Staves, Heading, Boards, and Timber.' " " Page 3. Dele from the word [that] in the 4th Line to the word [and] exclusive, in Line 9, and instead thereof insert as follows, tIz'": [if any Staves, Heading, Boards, Plank, or Timber, shall at any time after they have been inspected and examined by the pro- per Officer, be sold to any Person or Persons, before they are La- den or put on board any ship or Vessel for exportation, they shall, on such Sale, he again Submitted by the Vender or Seller, to the Examination of the Said Officer, or one of his Deputies, and so as often as any Sale thereof shall be made]." The Governor having been applied to by several of the Justices of Lancaster County, some time ago, to appoint another Magistrate within the Borough of Lancaster, where only two for the County reside, and the said Gentlemen, as well as others, having Recom- mended James Bickham as a person of Integrity and ability, and qualified to- execute that Office, the Governor, by the advice of the Council, ordered a special Commission to be issued, appointing the said James Bickham a Justice of the Peace and of the County Court of Common Pleas for the County of Lancaster. PROVINCIAL COUNCIL. 387 The consideration of the Circuit and Pilot Bills was deferred till the next meeting of the Council. The Governor hiid before the Board a Transcript of a Kecord of Conviction, by which it appears that at a Court of Oyer and Ter- miner and generd Gaol delivery, held at Philadelphia, for the County cf Fhiladelphia, the Wth day of April last, before Williana Coleuiare and Ales:aiider Stediiian, P^squires, two ■of the Justices of the said Court assigned, &c^' Arthur McNealy was tried & con- victed of the Murder of Mary McNealy, his Wife, on the od day of January last, and had receiv'd Sentence of Death for the same. This matter being taken into consideration, and it appearing that some favourable circuiK.stances attended the Case of the said Ar- iohur McN«a,ly, which appeared from the Evidence at his Tryal, The Governor was pleased to grant tke said McNealy a Reprieve until his Majesty's Grnicious Pleasure should beknowE, which follows in these Words, vix"^ : ** [2/. S".] JOIfN' PENISf^ E^uire, Lieultaant Governor ^ and Commander ill- Chief of the Province of Pennsylvania, and Counties af Neioca^tle, Kent, Sussex, on Delaware, ■^<- To the Sheriff e sent to the House with the Bill. Jimendments to the Bill entitvled '-"An Jltt for appointing War- dens for the Port of Philadelphia, iccst. "Page IS, Line 13. instead of the word [Eighty] say QFifty,] " Page 32, Lines 6 & 7. Dele the words [for and diaring the space of three Years,] and instead thereof insert the words [to the eighth day of February, which will be in the yeair of our Loj-d 1769. j" The Asserably's- Message of the 9th Instant bting taken into consideration, the Secretary was ordered to deliver to the House the following Verbal Message in Answer theretO;, vizi' ; " Sir : " The Governor orders sie to acfjuaint tbe House that he has con- sidered their Message of the 'Jth Instant^ and will take every pre- <;aution in his Power to prevent any future uneasiness and Terror to the Bucks County People^ by the Indians returning to settle ^mong them," PROVINCIAL COUNCIL. 389 Tke Bill for amending the Act far establishiag Courts of Judica- ture within this Province, was reconsidered, and some AraGndments were proposed & ordered to be laid by witk the liill, for further coe.- sideratioa. The 15th May, I7G7, A. M. MEMORANDUM. The Governar seEt the. Secretary to the Assembly witk the follow- ing Message to tke House, viz"^ ''' Sir : ''The Gfovernor requests the House will furbish him with a list of the Certificates drawn by the AsseiJibly, which the Notes or Billt ordered to be struck by the Bill entituled 'An Act for raising the Sum of £20,000 foiT the support of (he Government of this Pro- vince, and pa}ment of the Public Debts,' now Ksder his considera- tion, are iat^jaded ie discharge or satisfy." Eedera die, P. K, Two M-3U3bers of Assembly waited on the Govei'Eor and delivered Kim an Account of the auiount of Certificates granted by the As- senibly for the discharge of the Publick Debtii, agreeable to his Request of this Mofuing. At a, Council held at PKladclpli'ta, on Satarday IGth May,, 17G7. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenact Gover- nor, &c'- Richard Peters, Thomas Cadwalkder, > ^ Benjamin Chew, Richard Penn, 3 ^^'^^''^^' The G-overnor laid before the Board two Bills sent up on Thurs- day last by the House of Assembly for his Concurrence, entituled 1. •"An Act for raising the Sum of Twenty Thousand Pounds for the Support of the (jroverni*;ent of this Province and Payment of the Publick Debts." 2. ^'An Act for raising, by way of Lottery, the Sura of Four Hundred and ninety nine Pounds nineteen shillings, to be applied •to the Payment of the Arrears of Debts due for the building and 390 MINUTES OF THE finishing the German Lutheran ChuTch in Earl Township, Lancaster County, and towards Erecting and building a Scliool House to the said Church." Both which were Eead aad Coiasidered, and there appearing to the Board no Objectioa to them, they were ordered to l p, Benjamin Chew, James Tilghman, ^ The Governor laid before the Board four Bills, sent up by the Assembly for his Concurrence, which were Read and considered, and are entituled as follows, viz'-: 1st. ''An Act to enable the managers of the Contributions for the Relief and employment of the Poor in the City of Philadelphia, to borrow a further Sum of Three Thousand Pounds;" which was returned to the House with one Amendment. 2nd. " An Act for Obliging the Sheriffs and Treasurers of the several Counties within this Province, and the Collector of the Du- ties of Tonnage, to give sufficient Sureties for the faithful Execution of their Trusts," which being approved, was returned to the House with the Governor's Assent. 3. " An Act for the support of the Government of this Prov- ince and Payment of the Publick Debts." 4. " An Act for recovering the Monies outstanding on mort- gages taken by the late Trustees of the General Loan Office of this Province," which two last Bills were referred to a further Consider- ation. The Governor sent a verbal Message to the House by the Secre- tary, desiring them to furnish him with a List of the Certificates referred to in the Bill for the Support of the Government of this Province and Payment of the Publick Debts. Eodem die, P. M. Two members of the House brought to the Governor a List of the Certificates referred to in the Bill for the support of Government. Then the consideration of the Bill for the Support of Govern- ment was resumed, and the same being agreed to, was ordered to be returned with the Governor's Assent, and the following Message to the House, viz'- A Message from the Governor to the Jlssemhlij. " Gentlemen : " I perceive by one of the Certificates sent me to Day in pursu- ance of my Message by the Secretary, that Mr. Goddard, without my Privity or direction, hath been employed to print the Laws passed at the last Sessions. Upon this Occasion, Gentlemen, I cau- PROVINCIAL COUNCIL. 3^5 not avoid observing that the Statutes in England are ever printed by the King's Printer, and that as the King's Representative in this Province, I have a right to direct the Printing of the Laws, or at least, that I am intitled to a Share in the Nomination of the Per- son appointed to that Service, and tho' I shall not at this time Ob- ject to Mr. Goddard being satisfied for Printing the Law?, jet, I think it proper to inform you, that I consent to his allowance with a Reservation of the Right of Nominating, or at least of sharing in the Nomination of the Person to be employed in that Service on any future Occasion. "JOHNPENN. " September 25th, 17G7." The Bill entituled " An Act for recovering Monies outstanding on Mortgages," was also reconsidered, and ordered to be returned to the House with the following Amendments, Viz'-; ^^Amendments to the Bill entituled '■'■An Act for recovering the Monies outstanding on Mortgages taken by the late Trustees of the General Loan Office of this Frovince." " Page 5, Lines 11 & 12. Dele the Words [Provincial Treasurer and his Successors], and insert [Samuel Preston ]Moore]. " Page 6, Lines (3 & 7. Dele the Words [Treasurer and his Suc- cessors], and insert [Samuel Preston Moore, and such other Person as in case of the Death or Removal of the said Samuel Preston Moore, shall be by Act of Assembly appointed to Succeed him iu the Trust reposed in him by this Act] "Same Pa., Lines 10 & 11. Dele the word [Treasurer] and in- sert [Samuel Preston Moore]. '' Pa. 7, last line hut one. Dele the Word [Treasurer] and insert [Samuel Preston Moore, or such other Person as shall or may be appointed to succeed him as aforesaid]. "Page 9, Line 8. Dele the Words [Treasurer and his Succes- sors], and insert the Words [Samuel Preston Moore, and such other Persons as may be appointed to succeed him, in manner aforesaid,] "Page 9, last line. Dele the words [Treasurer and his Succes- sorsj, and insert the same Words as in the last amendment. "Pa. 10, Lines 10 & 11. Dele the Words [Treasurer and his Successors], and insert the same Words as in the last amendment. " Pa. 12, lines 7 & 8. Dele the Words [Treasurer and his Suc- cessors], and instead thereof insert as before. " At the End of the Bill insert the following Paragraph, viz'-: . " {_^nd be it further enacted by the Authoritij afuresaid, that the said Samuel Preston Moore, and the Person who may succeed him as aforesaid, shall keep a distinct Account of all such Monies as He or they shall receive for Interest due on any of the Bonds or mort- gages aforesaid, which Interest money shall remain in his hands. 396 MINUTES OF THE Subject to the application and disposal of the Governor and Aa- sembly]." The following Message was then drawn up and approved, and the Secretary directed to deliver the same to the House, viz'- : A Message from the Governor to the Assembli/. " Gentlemen : "On the loth of August, 1766, I publish'd a Proclamation, offering a Reward to any Person or Persons who should apprehend any or either of a Sett of Villains who had been concerned in many daring Burglaries and Robberies in and near the City of Phila- delphia, so that he or they should be convicted thereof, in a due Course of Law. I am now to inform you that David Clark hath entitled himself to the said Reward, by pursueing and apprehending, and prosecuting to Conviction, David Smith, one of the Burglars. I therefore request you will make provision for the paying the said Reward, and defraying any extraordinary expences he may have been put to in bringing the Offender to Justice. "JOHN PENN. "September 25th, 1767." Saturday 26th September, 1767. The Secretary carried to the House the two Bills considered Yes- terday Afternoon, and the Messages then agreed to. Two Members again brought up to the Governor the Bill for re- covering Monies outstanding on Mortgages, with an Answer from the House, that they agreed to all the Governor's amendments except the last, with respect to which they adhered to the Bill. Eodem die, P. M. The Governor, by the Secretary, returned to the House the Bill for recovering Monies outstanding on Mortgages, with a Message acquainting them that he adhered to his last proposed amendment, and that he would be ready at 5 o' Clock, to pass such Bills as had been agreed to. PROVINCIAL COUNCIL. . 397' Council Chamber, 5 o'Clock, P. M. The Governor sent a Message to the House by the Secretary re- quiring their attendance in the Council Chamber; that he might pass the Bills which had received his Assent, The House accordingly attended, and the Speaker presented to the Governor the three following Bills, which he was pleased to enact into Laws, and issued a Warrant for affixing the Great Seal to them, and appointed Mr. Tilghman and the Secretary to accom- pany two Members of the House to deposit them in the Rolls Office: "An Act to enable the managers of the Contributions for the Relief and Employment of the Poor in the City of Philadelphiaj to borrow a further sum of £ 3,000." "An Act for obliging the Sheriffs and Treasurers of the several Counties within this Province, and the Collector of the Duties of tonnage, to give sutficient Sureties for the faithful Execution of their Trusts." "An Act for the support of the Government of this Province and payment of the Publick Debts." The Speaker then presented to the Governor a Certificate for £ 500 in full of his Support for the last Year, for which his Honour returned his thanks to the House. Monday 28th September, 1767. MEMORANDUM. Mr. Charles Brockden, being rendered, by his Age and Infirmi- ties, incapable of executing any longer the Office of Master of the Rolls for the Province, the Governor thought it proper to remove him, and was pleased to appoint William Parr, Esquire, to the said Office, in his Room, by a Commission under the Great Seal of the Province. At a Council held at Philadelphia, on Monday 5th October, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &c'- Benjamin Chew & James Tilghman, Esquires. The Governor laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Bucks, Chester, LancaBter, Berks, iSortharapton, New Castle, Kent, and Sussex, 898 MINUTES OF THE which being duly considered, the following Persons were appointed and comuiissionated as the Sheriffs and Coroners for their respective Counties, viz'- : Joseph Redman, Sheriff, } pi^ji^^,] ^j^ County. Caleb Cash, Coroner, 5 John Morton Sheriff, ? Chester D"" John Trapnall, Coroner, 3 William Kuckman, Sheriff', I -r> ^^ t\<, "William Doyle, Coroner, > Jasper Scull, Sheriff, ^ ^^^^^ jy, Henry Haller, Coroner, ^ James Webb, Jun- Sheriff, U^^^^^^,, jyo Mathias Slough, Coroner, ) John Jennings, Sheriff, > Northampton D" David Barnnger, Coroner, ) '■ John Thomson, Sheriff, | New Castle D" James Walker, Coroner, j James Wells, Sheriff, I Kent D° Solomon Wallace, Coroner, \ llhoads Shankland, Sheriff, ? Sussex D"' William Parker, Coroner, ^ The Governor then laid before the Board a Transcript of a Record of Conviction, Signed by the Clerk of the Supream Court, by which it appears that, at a Court of Oyer and Terminer and gene- ral Gaol Delivery, held at Philadelphia, for the County of Philadel- phia, on the 23d day September last, before William Allen, William Coleman, John Allen, and Thomas Willing, P>squires, Justices of the Supream Court, and of the said Court of Oyer and Terminer for the Province of Pennsylvania, a certain David Smith was tried and convicted of Felony and Burglary, committed in the Dwelling House of John Stillwaggon, in the Township ot the Northern Liberties, in the County of Philadelphi^i, on the '29th Day of July, 17G6, and had received Sentence of Death for the same. The Board took the said matter into consideration, and the Justices of the said Court having reported to the Governor that no fiivourable Circumstances appeared in the Tryal of the said David Smith, were of opinion that the Sentence of the Court should be executed against him, and the Governor, by their advice, signed a Warrant for. his Execution, on Saturday, the 17th Instant. Tuesday the Gth of October. The Returns of the Sheriffs and Coroners for York and Cumber- land Counties being now made, the Governor appointed and Com- PROVINCIAL COUNCIL. 399 missionatcd the following Persons as Sheriffs and Coroners for their respective Counties, vizt : David M^Conauffhty, Sheriff, > ,r , ^ . John Adhim, Coroner, ^ ^ ""'^ ^'^""^y- John Holmes, Sheriff, ) ^ , , , t^ T,„,^„ T 1. (^ ' > Cumberland Do. James Jacii, Coroner, 3 At a Council held in the Council Chamber on Wednesday the 15th of October, 1767. rUESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca. Benjamin Chew, Richard Penn, ) „ James Tilghman. J Esquires. Eight Members of Af-sembly waited on the Governor Y'cstcrday, and acquainted him that, pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and having proceeded to chuse their Speaker, desired to know when he would be pleased to Receive the House, that he might be presented for his Honour's approbation. The Governor having appointed this forenoon at 11 o'Clock for that purpose, acquainted the House by the Secretary, that he attended his appointment in the Council Chamber, and was ready to receive the llouse with their Speaker. The whole House then waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who after receiving the Governor's approbation, claimed the usual Priviledges in the name and behalf of the House, viz'' : " 1st. That the better to discharge the business of the Publick, they may at all seasonable times have free access to the Governor. " 2dly. That their Persons may be protected from all Arrests and Insults during the time of Priviledge accustomed. " odly. That it may please the Governor to take no notice of any Report that may be made touching any matter or thing that may be moved or debated in the House, untill the same shall have passed into Resolves, nor give the least Credit to such Report. "4thly. That his own (the Speaker's) unwilling mistakes may be excused, and not imputed to the House." These being requested as the Rights and Priviledges of the Free- men of Pennsylvania, derived and confirmed to them by the Char- ter and Laws of the Province, the Governor was pleased to make Answer that he thought them inherent in a Representative Body, and he should be careful to protect the House therein. The Governor, by the advice of the Council, issued a Warrant to Respite the Execution of the Sentence of Death against David Smith till Saturday, the 24th Instant, on which day the Sheriff is 400 MINUTES OF THE commanded in the said "Warrant to execute the said Sentence with full Effect, between the Hours of ten in the Forenoon and Four in the Afternoon. At New Castle, Wednesday the 21st of October, 1767- PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, Esquire. Three Members of Assembly of the Government of the lower Counties, waited on the Ooveruor with a Message from the House, that they had met yesterday, pursuant to the Charter and Laws of the Government, had Chosen their Speaker, and desired to know when & where they might present him to his Honour for his Ap- probation. The Governor having answer'd (hem that he should be ready to receive the House immediately, at his Lodgings, They ac- cordingly attended, and presented Mr. John Viuiug as their Speaker, who, after being approved by the Governor, claimed, in behalf of the House, the usual Priviledges, which were allowed, and then they withdrew. Eodem Die, P. M. A Message was delivered to the Governor by three Members, ac- quainting him that the House were duly Qualified, and desired to know if his Honour had any business to lay before thsm. The Governor answered that he had none. At a Council held at New Castle, on Saturday 31st October, 1767. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, James Tilghraan, ? „ . E- 1 1 T» r ijSQUlieS. ichard Penn, 3 The Governor laid before the Board Seven Bills which the As- sembly had sent during their sitting, for his Concurrence, entitled as follows, viz' : 1st. ''A Supplement to An Act, entitled 'An Act for stopping Pearman's Branch, or Gravelly Run, and for Banking and Drain- ing a parcel of Marsh and Cripple, on both sides of said Branch, PROVINCIAL COUNCIL. 401 situate in Dack Creek Imndreil, in the County of Kent, and for keeping the Djke, sluices and Drains belonging to the same, ia good Order,&; Repair." 2dly. " A Supplement to an Act for the further and better Limit- ation of Servants and Slaves within this Government." 8d. '* A Supplement to the Act for suppcirting the Banks, &"•• belonging to the Marshes i)n Red Lyon (hoek." 4th '"An Act to prevent Swine running at large in Salisbury Township, The Village called the Cross Ruads, and parts adjacent, in Ken* County." 5th. " An Act fn* obliging the SherifiTs within this Government to give sulTicient Sureties for the faithful execution of their Trusts," 6th, " A Supplement to the Act entituled * An Act for the Re- lief uf the Po(u-." 7th. " An Act to enable the Owners and Possessors of a certain parcel of Meadow, Marsh, and ('ripple, hereinafter described, situ- ate in Christiana Hundred, in the County of New Castle, to Em- bank and drain the same, to make and keep the outside Banks and Drains in good repair forever, and to raise a Fund to defray the yearly expeiices thereon." The said Bills were duly Read and considered by the Board, and returned to the House bj^ the Seuretary, with a few small amend- ments made to the four hrst, and a Message that his Ilouout agreed to three last mentioned. Eodera Die, P. M. Three Members again brought up the four amended Bills, and acquainted that the Ilouse acceded to all his proposed amendments except one, which his Honour afterwards receded from, and then returned the four Bills with his Assent. Eodem die, P. M. A Committee of the Assembly waited on the Governor with a Message from the House, requesting to koow when and where he would be pleased to receive the House, in order to pass the Bills. His Honour having answered that he was ready to receive the House immediately at his Ijodgings, they accordingly attended there, an i the Speaker presented the Seven Bills agreed on, which the Governor enacted into Laws, signed a Warrant for affixing tho Great Seal thereto, and directed the Secretary to accompany tw(». VOL. IX. — 2'j. 402 MINUTES OF THE members of Assembly to see them Sealed and deposited in llie Rolls Office. The Speaker then, in behalf of the House, thanked the Gover- nor for his care and diligence in attending the Business of the Gov- ernment, and delivered him Orders on the Trustees of the Loan Office for £200, for which his Honour returned the House his thankful Acknowledgements. At a Council held at Philadelphia, on Friday 4th Decern'- 1767. TRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Richard Peters, Benjamin Chew, "j Lynford Lardner, Ilichard Penn, I Esquires. James Tilghman, J The Governor laid before the Board a Copy of a liccord of Con- viction of Catharine Kreps, for murder, at a Court of Oyer and Terminer and General Gaol Delivery, held at Beading, for the County of Berks, on the loth day of November last, before John Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court, and of the said Court of Oyer and Terminer, by which Record it appears that the said Catharine Kreps was legally tried and convicted of Felony and Murder, committed on her own Bastard Male Child on the 18th day of May last, and had received Sentence of Death for the same. The Board taking this matter into Consideration, and no Circum- stances having been reported to the Governor by the Justices of the said Supream Court in her favour, were of Opinion that the Sen- tence of the said Court should be executed, 'ihe Governor accord- ingly Signed a Warrant under the lesser Seal ot the Province, for Her Execution on Saturday the 19th of December Instant. At a Council held at Philadelphia, on Thursday 10th Decern'- 1767. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, &c*- Richard Peters, Benjamin Chew, > j^gq^jj-gg. James Tilghman, 5 The Governor laid before the Board a Letter received yesterday from His Excellency Major General Gage, dated the 7th of Dccem- ,ber Instant, which was read, and is as follows. Viz'-: PROVINCIAL COUNCIL. 403 Jl Letter to the Governor from his Excellency Mijor General Gage. "New York, Decern'"' Ttli, 1767. ^'Sir: "The Accounts that I have lately received from all Quarters, are full of Intelligence of the dissa,tisfiiction of the Indians, and of their ill disposition towards us. I am now called upon, by a Letter I have received from Sir William Johnson, expressive of his appre- hensions of an immediate Rupture with the Indians, unless some means are fallen upon to pacify tlicm, to acquaint you, that altlio' several Causes for their present ill temper are suggested, 3'et the Insults they have received from the frontier People, chiefly from those of Virginia, and the obstinacy of the People who persist to Settle on their Lands, not only without their Consent, but in con- tradictioR to their warmest Remonstrances, and the endeavours that have been used to remove them, I perceive to be the most imme- diate cause of their present discontent. "It behooves me Sir, in this Juncture, to apply to you, and the Governors of the Provinces immediately interested in this matter, to devise some effectual measures to remove these Lawless Setlers, and to obtain some Satisfaction for the ill treatment the Indians daily complain of. You are a Witness how little attention has been paid to the several Proclamations that have been published, and that even the removing these People frot$i the Lands in Question, which was attempted this Summer by the Garrison of Fort Pitt, has been only a temporary expedient; for as they met with no Punishment, we learn they are returned again to the same Encroachments on lied Stone Creek and Cheat Kiver, in greater numbers than ever; nor indeed could any thing effectual be expected, or due Obediance to Proclamations be exacted, if Laws are defective, or the Coercive Powers of Government are wanting. It is the rh-ead that naturally follows the exemplary punishment of delinquents, that can only re- vStrain such a Lawless Banditti. It is not forme to point out where the fault lies, but if the laws are insufficient to secure and protect the Indians iu their Persons and Properties, a more (effectual provi- sion I think should be made for that purpose, and immediately too, before it is too late to prevent the Devistations, Cruelties and effu- sion of Blood, attendant on an Indian War, which may be experi- enced soon, unless active Measures are adopted for the Redress of the Grievances the Indians complain of. 1 can only offer the assis- tance of his Majesty's Troops to co-operate with you, for the effect- ing these desirable purposes, for the execution of which, a sufficient number of Troops shall be collected and ready to Act, whenever you shall be pleased to acquaint nie that Civil Officers, properly authorized, will call upon them, to aid and assist the Civil power in the removing forcibly, and bringing to Punishment, these disturbers of the Publick Tranquility. " The Encroachments made upon the Indian's Lands, for which they could obtain do Justioe, with the daily threats of more Inva- 404 MINUTES OF THE sioDS of their property, lost us the Affections of the Savages before>. and was the principal Reason of their throwing themselves into the Arms of the French for protection. From hence arose the Hostili- ties they commenced upon us in 1754 and 1755, and the War that followed. The same Causes will have the sjijiie Effects : Wherefore, it is incumbent upon me to lay these Matters before you in the mosS serious manner, thinking that every means should be exerted and all endeavours used, which can tend to avert the Cahimaties which threaten the Country, and to save the Lives that must be lost in a Savage War, in which neither Age nor Sex will find compassion or meet with mercy. "I have the Honour to be with great Regard, Sir, "Your most Obedient humble Servant, " THOMAS OAGE." The Council were of Opinion that the matters contained* in the preceding Letter ought speedily to be taken into the most serious consideration, and the Secretary was directed to collect such Letters and Papers as the Governor had received from the Secretary of State, (ieneral Gage, and the Governor of Virginia, relative to the Removal of the Settlers on the Monongahela and other Jjands iiot yet purchas'd of the Indians, together wifh such Answers as had been given to the same, that they may be ready to be laid befor^r the Council for their Perusal at their next Meetins. At a Council held at Philadelphia, on Saturday 12th Decern'"' 1767. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor^ Richard Peters, Benjamin Chew, ? -p, T rp-1 u i- Esquires James iiighman, 5 The several Letters and Answers, with the other Papers relative to the removal of the People, settled on the Indians' Jjands, which the Secretary was directed at the last Meeting of Council to collect^ were laid before the Council and read in their Order. The Board then took Major General Gage's Ijetter of the 7th instant into fur- ther consideration, and advised the Governor to lay the siid Letter before the Assembl}-, and strongly to recommend it to them to con- cur with him in making use of every expedient for the immediate Removal of the People who have made Encroachments on the In- dians' Lands, and to enable him the more effectually to Exert the Powers of Government, by framing such a Law as will be suf- ficient to compel those Intruders to pay due submission to the Civil authority. PROVINCIAL COUNCIL. 405 Foe tliis special Purpose the Board thought it would have been advisable for the Governor to convene the Assembly immediately. but on considering that the day ou which the Assembly were to ineet by their own adjournment, was so early as the 4th of next Month, they were ef Opiniou it would be impracticable, by issuing Writs, to convene them before that time. 15tk December, 17G7, MEMORANDUM. The (jrovcrnor wrote the following Letter to his Excellency Major General Gage, in Aaswt;r to his Letter of the 7th Instant, Viz' : A Letter from the Governor to his ExcAry. Mfjor Gen I. Gage. "Philadelphia, Decern' 15th, 1767. *' Sir : *' It gives nie very great concern to find, by Your Excellency's Letter of the 7th Instant, that the late intelligence you have Re- ceived concerning the ill dispositions of the Indians, and their dis- satisfaction on account of the encroachments made on their Land, afford 60 much Reason to apprehend an approaching Rupture with thensa. It is a matter truly alarming, and requires the utmost atteution and consideration of the Legislatures of these Middle Col- onies, to devise the most prudent and vigorous Measures for pre- venting the Calamities which so apparently threaten us. On this occasion I immediately called my (Council, to consult with them on the first Step most proper to be taken on my part, and their advice to me is, to lay the Matters before my Assembly at their ensuing Meeting, the 4th of next Month, and recommend it to them in the Strongest Manner, to concur with me in the most certain Kxpodient lor the Removal of all the People settled ou the Indians' Lands within this Province, which has hitherto been attempted in vain by Proclamations, or even the threats of military Execution, and also in order to enable me effectually to exert the Powers of Government to frame such a Law as will be fully sufficient to compel those In- truders to pay due Submission to the Civil Authority. "I should have expressly convened the Assembly at this junc- ture, if it had been practicable for them to have come tegether oa an earlier day than that to which they stand Adjourned. *• With respect to the Insufficiency of the Laws to sccgtc the In- ^ent, we fear, has ren- dered them suspicious that we intend to make them our own with- out paying any consideration for them. And the repeated Murders pi'rpetrated on their people by the Frontier Lihabitants of several of the colonies must fill the Minds of Persons whose Ruling Pas- sion is Revenge, and who never forget injuries without an Attone- ment made for them, with Ilesentment against the Governments under which such heinous offences are committed with Lnpunity. " And as in all Probability those People will not distinguish be- tween the Publick Acts of Government and the wicked Conduct of Lawless Men, they must in the End bring on a Savage War, at- tended with an immense Espence to Great Britain and hi r Colonies, in which the Linoceut will be involved with the Guilty, and neither Age or Sex find Compassiun or Mercy. Under this Wow of the mat- ters recommended by your Honour to the Ilouse,*we are of opinion that the removal of every Cause of thi present discontent of the Indians, and a Redress of every Grievance they can justly complain of, are objects of the highest Importance to the Peace and Safety of the Province. " la order to remove those lawless Intruders on the Indian Lands, und to prevent any future Settlements thereon, WG ar(* pre- paring a Bill which we hope will be effectual. The Provisions in this Bill, we expect, will answer the good Purposes intended ; for those unhappy Men, should they obstinately persist in their Offence, must beco\ne Liable to the heavy Penalties of the Law, and we presume will, on cool Consideration of their danger, and the mis- chievous Tendency of their Conduct, prudently desert their Settle- ments, and thereby Redress that part of the Indian C uiplaints. But should we be dhsappoiutcd in this Expectation, we beg leave earnestly to recommend it to your Honour, to exert your utmost endeavours to secure the Tranquility of the Province, and avert the present prospect of an Indian Rupture. " But may it please your Honour, should tlie Effects of this Law answer our Expectation of removing those Lawless People from the Indian Lands, we fear that tlicre will still remain a prin- cipal Cause of their Dissatisfaction. We have received information that a Number of Senecas has been lately killed on the J''rontiers of this and the neighbouring Provinces, and we can never forget those flagrant Breaches of the Laws of Hospitality, and the horrid Acts of Barbarity committed in the Year 1763, on the Remains of a 410 MINUTES OF THE Tribe of the same Indians and others, at Conestogo and Lancaster, wliich niust also be remembered by your Honour. If murders will admit of Aggravation, the Circumstances attending the last men- tioned of those impious Transactions, would greatly enhance the Guilt of the Offenders The Forefathers of those innocent Victimsi, were received into an Alliance of Friendship by our first honourable Proprietary. Their Posterity were settled by the Government on a Tract of Land at Conestogo, and remained there Peaceably until part of them weie inhumanly massacred. " The rest, reposing the firmest Confidence in the Faith of the Government, were t:iken in their distress under its more immediate Protection in the Work-house at Lancaster, where Men, Women, and helpless Infants, alike became a Sacrifice to the Frantic Rage and relentless Cruelty of a sett of Men equally regardless of the Dictates of Humanity, Religion, and the Laws of their Country. " These Murders we find have reached the Ears of the Indians, and they have complained of them among others. They are un- doubtedly one of the Causes of their present discontent, and will, we fear, be made use of to excite the Resentment of the Natives against this Province in a particular Planner, should a Rupture with them unhappily take place. Nor will this appear by any means improbable, when it is considered that the like Offences, in the King's Neighbouring Government of New Jersey, have been brought to condign Punishment, and thereby a satisfactory Attonement made to the Indians for the Loss of their Brethren. Whether, therefore, we consider Ourselves on this Occasion as Persons concerned for the future Safety of the Lives of the People we represent, iind a due Execution of the Laws upon which the Honour and Pignity of the Government depend, or for the Removal of every Cause which may increase the Danger of an Indinn War, we are pressed by the Strongest IMotives to take this opportunity of earnestly intreatiug your Honour that diligent and Speedy Inquisi- tion be made after those attrocious offenders who have stained the Land with innocent Blood and bid defiance to the Laws of their Country, to effect which, no Assistance in our Power shall be want- ing that the importance of the Occasion requires. "Notwithstandin2; the tumultuous State of the Province mijrht oppose the Exertion of the Powers of Government necesstiry to bring those Criminals to Justice at the time of committing the Offence, yet we apprehend that obstruction has been long since re- moved, and that the past as well as present Tranquility of the Pro- vince, with the Horror and Detestation with which all Honest and good Men look back on those Transactions, have afforded, and do yet afford, a favorable Opportunity of restoring the Government to its former Power and Dignity, lattdy so insolently trampled on, and of convincing those Offenders, that aUho' Justice may sometimes Sleep, it can never Die ; besides, it is the dread of exemplary Pun- ishment, Steadily and uniformly inflicted on past Delinquents, that PROVINCIAL COUNCIL. 411 alone can deter the Wickrd from the Perpetration of future Offences. And should Crimes of the first Rank, of the deepest Dye, remain unpunished. Wicked men will never be wanting in any Country to take Advantage of the Times and the Debility of Government; to- commit the like, or other Crimes. " We heartily concur in Opinion with your Honour, that ' No- thing can be of mine Importance to this Province, than preventing the calamitous eflects of an Indian War,' and that 'the Principles, both of Justice and Policy, call for a Speedy Redress of the Griev- ances conipUiined of by the Indians.' And we assure the Governor that the House is much by his Declaration, that he 'would willingly take every Measure in his Power, not only to remove the Just (Jauses of their Complaints of past injuries, but to protect their Persons and Properties for the future.' " From such a disposition put in practice, we have Reason to expect that all the Causes of Indian Complaints against the Gov- ernment may be removed, and their Minds impressed with proper Ideas of its Justice, and our friendly disposition towards them, which alone can form the solid Foundation of a lasting Peace f -And we hope Your Honour will not meet with much difficulty in this important service to the Province, for when we consider the Manner of committing the Murders at! Lancaster ; that it was done at Noon- Day, in the midst of a Populous Borough, and in the Presence of many spectators by Men probably of the same County, undisguised and well known, we apprehend' their Names may be easily discov- ered, and their Persons brought to that Punishment their heinous Offences deserve. "On this important Subject, permit us also to remark, that we are further assured, frcmi good Information, that a general Boun- dary between the Natives and these Colonies has been some time pa?t Negotiated with them by Sir William Johnston, in Obedience to his Majesty's Orders; that the Boundary agreed^ on will Vje far distant from our frontier Settlements, aud a large Tract of Country within it wiil thereby be ceded to his Majesty, for a valuable Con- sideration ; that as some Time has Elapsed since the Agreement was made with the Indians, and in the meantime the people on the Frontics have been encroaching on their Lands, while this Boundary remains unconfirmed, aud the Indians unsatisfied for their Country, they are become very uneasy on this Account, also,, and Jealous that there is no design to ratify and confirm it; tO' obviate which Cause of their Discontent, and effectually to establish between them and His Majesty's Subjects a durable Peace, we are of opin- ion that a speedy Confirmation of this Boundary, and a just Satis- faction made to them for their Lands on this side of it, is absolutely necessary. " By this moans all their present Complaints of Encroachments will be removed, the People on our Frontiers will hive a sufficient Country to settle or Hunt in, without interfering with them, and' 412 MINUTES OF TflE the Xortbern Indians in their War Expeditions against the South- en-, and tha*' the next Day k<3 proeeeded foi>rteen Miles H'p tha^fc C?eek, and there- put te Death and buTnt m ihek Sahias an Indian Woaiaiiv two* Girls-, aad a €hald, I do he:»eby stri«tly cliarge and require you.> jmmed'iately lO' exert yourselves in the most astivo raanner on this- OccasioB, tuy giviiag your asaistanse to the Sheriff and otber OMcer& of Justice, in Executing the ahief Justices' Wai'rant,- and taking- all other measures in your Power for the immediate appreleridingr the said IVederick Stump, and that you dso give you-r beat assis- tasee to the Skeriil" in seudiag hi:?i u2le to the Clai&f Justice's Warrant, :ferwaKled for that pur- pose by this opportunity, to fee- exaic.inad by eoe of She Justises of Oyer and Tepmiae?, and So be- dealt \'?i»jb by tbeiEa> aj&ording- to* Law, '*■! have directed the MagJatra^tea- of Curabarland C&anty fo- dis- patch the Sheriff with the Vowe? 3f that County, ipithout deltiy, to»> ■treo?g;8 ftabriel's- Bouae,. on Peng's Creek, whgrC;^ I am in?i)riaeA Stu-sfjp is goae, and t© sucb other p-.nses where it is rsiosfc liktdy he- may be fou.sd ; But as it ia pj'obssble he raiiiy a auch a aia/nncraa to- leave ho X'Jeasu^es untried which may be likely to ap-preheud andt bring to Punis-hmenl) tha PerpeSrato? of s»' h-orrid a Crime,, which* in itJs Consequences will aeirtainly involve u& again in all- th^c Calanai- itiea of an Indian War,, and be itttended with' the Effusion of much' innocent Blood, unless- by pj-aper Exertion' of the Powers of (srov- ■ernraent, and a* due Execution of the lijaws, whs ®aa satisfy our In- dian AliHs,-} tha»t! the G-o?er2me-at does' not countenance those who* wantonly .spill their Blood, and convince them- that we think our- selves bound by the Solemn Treaties made with- them. " I ha-ve this Matter so much, at lieart, that I have determined to- give a Reward of Two hundred Pounds to any Person or Persons- who- shall apprehend the said Fcederick Stump, and bwng him to- PROVINCIAL COUNCIL. 419 Justice, and should have sent up Proclamations for the purpose by this opportunity, if I was not apprehensive that the setting up and making publick such Proclamations might he a means of Terrifying him, and put him on making his Escape or absconding befire the Officers of Justice could take him. I mention this, therefore, to you in Confidence, and that you, by discreetly communicating it to such as you think proper, may the more easily prevail with them ■willingly to engage in the undertaking, and you may assure them that they shall liave the Reward, though he should be apprehended before the Proclamation is actually published. "I am, with great Regard, Gentlemen, "Your most Obedient humble Servant, "JOHN PENN. " To Emanuel Carpenter, Isaac Snunders, Edward Shippen, Adam Simon Kuhn, Adam Reed, James Biird, John Philip De Haas, and James Hickhani, Esquires, and others, his i\Iajesty's Justices of the Peace, for the County of Lancaster." The same Letter was likewise sent to the Magistrates of Berks County, with this difference, that the Paragraph in the foregoing Letter, from the words [" I have directed the Magistrates of Cum- berland County,"] to the end of the same Paragraph, was omitted, and instead thereof was inserted the following one, viz'- : " I have directed the Magistrates of Cumberland to dispatch the Sheriff with the power of that County, without delay, to G-eorge Gabriel's House on Penu's Creek, where, I am informed, Stump is gone, and to such other places where it is most likely he may be found; But as it is most likely he may abscond and throw himself out of the Jurisdiction of Cumberland by crossing the Sus- quehanna, and taking refuge in the upper parts of Lancaster or Berks Counties, which lie near that River, It will be absolutely necessary that your Sheriff, with a sufficient number of People to assist him, be also dispatched to Fort Augusta, and to those parts of the Country which are opposite to Penn's Creek, or wherever else it may be found necessary, in order to be in readiness to appre- hend him in Case he should retire thither. I have likewise instructed the Magistrates of Lancaster immediately to send off their Sheriff to the utmost Limits of that County, for the same Purpose." (Directed) "To James Dieraer, John Patton, and Henry Christ, Esq"- and to all and every his Majesty's Justices of the Peace for the County of Berks." A Draft of a Proclamation was also prepared and issued, but ordered not to be made publick till next Week, when it is to be published in the Pennsylvania Gazette and Journal, and two hun- dred Copies thereof to be printed and dispersed through the Frontier Counties. The said Proclamation follows in these words, viz' : 420 MINUTES OF THE " By the Honourable JOEN FENN, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware. " A PROCLAMATION : " Whereas, it appears, by a Deposition this Day taken before the Chief Justice of this Province, that on Sunday, the Tenth day of this Month, a certain Frederick Stump, a German, of Penn's Township, in the County of Cumberland, did, in Violation of the public Faith, and in defiance of all Law, inhumanly and wickedly kill, without any Provocation, four Indian men and two Indian Women, in his own House, near the Mouth of Middle Creek, in the said County, and that the said Frederick Stump went the next Day to an Indian Cabin about fourteen miles up the said Creek, and there barbarously pat to Death, and burnt an Indian Woman, two Girls and a young Child. Jind uihereas, not only common Justice loudly demands, but the Laws of the Land and the Preser- vation of the Public Faith of Treaties with the several Indians, re- quire, that the most speedy and vigorous Exertion of the Civil Au- thority should be made in Order to secure and bring to Condign Punishment an Offender that hath perpetrated so audacious and Cruel an Act on Indians, who for several months past have lived near the Frontiers of this Province, in a friendly and quiet Manner, and have at all times since the Establishment of the general Peace with the Indians in 1764, behaved themselves peaceably and inof- fensively to all His Majesty's Subjects. '* I have therefore, by and with the advice of the Council, thought fit to issue this Proclamation, and do hereby strictly charge and command all Judges, Justices, Sheriffs, Constables, Officers, Civil and Military, and all other, his Majesty's faithful and Liege Sub- jects within this Province, to make diligent searcli and enquiry after the said Frederick Stump, and that they use all possible means to apprehend and secure him in one of the Public Goals of this Province, to be proceeded against according to Law. And I do hereby promise and engage, that any Person or Persons who shall apprehend and secure the said Frederick Stump, so that he be brought to Conviction, shall have and receive the public Reward of Two Hundred Pounds. " Given under my Hand and the Great Seal of the said Province at Phi'ladelphia, the Nineteenth day of January, in the Eighth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and sixty-eight. "JOHN PENN. "By His Honour's Command. " Joseph Shippen, Junior, Secretary. "GOD SAVE THE KING." PROVINCIAL COUNCIL. 421 Thursday, 21st January, 1768. The Governor received from the Assembly, by two members, a Verbal Message in the following Words, viz*- : A Verbal Message to the Governor from the Assembly. "The House having intelligence that a Number of Indians have been lately barbarously murdered near Penn's Creek, within this Province, and that the Governor has had information thereof, re- quest that he would lay such Proofs and Examinations as he may have received, or taken on the Occasion, before the House, and if he has had any farther Accounts relating to Indian Discoutent, that he would, also, be Pleased to communicate theaa." January 21ist, 1768. The same members also, acquainted the Governor that the House Requested to know if his Honour had gone through the Considera- tion of the Bill now before him for removing the Settlers on the In- dian Lauds, and that he would be pleased to let them know his Re- sult thereon as soon as possible, as it is a Bill of great importance. His Honour made Answer that he should immediately communicate to the House the Intelligence he had received respecting the murder of the Indians at Middle Creek, as also, his Result on the Bill be- fore him, which he had under advisement at the time that disagree- able News was brought him, but that that put him under the neces- sity of referring it to a future Consideration. Eodem die, P. M. The Governor returned to the House by the Secretary, the Bill for removing the Persons Settled on the Indian Lands, with the fol- lowing Amendment, Viz'-; " Page 5, Lines 4 & 5. Dele the words [by the Consent and ap- plication of the Six Nations] and insert the words [when the Said (S-eorge Croghan, Esquire, as Deputy Superintendant, hath of late, held Conferences with the Indians, so as no enlar^^ement or addi- tion be made to the improvements thereon at the time of the pas- sing this Act, nor any more Families be seated on the same]". Tbe Secretary at the same time delivered to the House the fol- lowing Verbal Message from the Governor, with the Papers therein referred to, vizt. : The Governor commands me to lay before the House the Deposi- tion of William Blyth, which contains all the intelligence he has re- 422 MINUTES OF THE ceived relating to the barbarous Murder often Indians near Penn's Creek, and to acquaint the House that Warrants are issued by the Chief Justice, to apprehend the Villianous Perpetrator of that horrid Crime. And that he has dispatched Letters to the Magis- trates of the Frontier Counties, Copies of which are now making out and shall be laid before the House for their perusal, and taken every Step he judged most proper to bring the Audacious Criminal to exemplary Punishment. " I am also commanded by the Governor to lay before the House a Letter from Sir William Johnson, received a few Days ago, which is all the Intelligence he has had on the Subject of Indian discon- tents, since his written Message to the House of the 5th of this Instant. "January 21st, 1768." Two Members of Assembly again brought up to the Governor the Bill for the removing the Persons settled on the Indian Lands, wiih an Answer to the Governor's amendment thereto, viz'-: '* The House agreed to the Governor's Amendment as to the words (by the Consent and Approbation of the Sis Nations,) and iu respect to the other part adhere to the Bill. "January 21st, 1768." January 21&t. The Governor wrote the following Letters to General Gage and Sir William Johnson, agreeable to the advice of Council the 19 Ins'' viz'": A Letter from the Governor ta His Excellency General Gage. "Philadelphia, 21st January, 1708. "Sir: " On Wednesday last I received information by William Blyth, who then came to this City from Middle Creek, on the West Side of Susquehanna, that a barbarous and unprovoked murder of ten Indians was committed on that Creek by one Frederick Stump, a German, on the 10th and 11th days of this Month, the particulara of which are contained in the inclosed Copy of thq said Blyth's Deposition. *I am under the greatest Apprehensions that this unhappy affair will, at this Juncture, when the Indians are so much discontented by the Injuries already done them, be productive of the most Ca- lamitous Consequences. But nothing on the part of this Govern- ment shall be wanting to remove all the Causes of their Complaints, and to give them the utmost Satisfaction in the late instance of Bar- PROVINCIAL COUNCIL. 423- *bs,Tity •eoraraitted cm tb-eir People. I have cansed the Chief Jms- tice's Warrants to be dispatched to all the Sheriffs and other Officers of the Fronti'er CoKnties, 'Comiteandcng the Biost diligent Search t© he made far the Perpetrator of the murders, s^nd for api^rehending and briuging .hina t® condign Psnishisent. '' I have also written Letters to all the Magi-strates ef Cunaber- fland, Lancaster, ap-d L'crks Counties, in the stroBgest Ternis, re- •fjuiring them to exc-rt theiaselvas in the iROst af3t/.ve maBoer on this Occasien, by giviag their best Assistance tc the SheritFt, and oither Officers in the imirediate Execution of the Warrants eent them, .and tating iill other Measures lor the speedy apprehending the Attrocieus l~ill&iE, CKd bring hiiM t© Justice ; Afid to isduce the >the Peo^ple the m&re willicgly ts eagage m the Uiideirts.kiDg wttk the Sheriffs, I have signified to the Magistrates that I will give a Eewai-d of T'wo Ecudred Pouad« t© the PersGS or Personis who shall appjeh'SBd and secure him ; Aed iisi a Kttie ■time I fihali Pu-l)-- lish a FrGcJaniatioE. 'for the came .purpose, which I have delayed for a v/hile^ ti'il the more privat/a measures I have coKCorted are ctrry'd into Execetion, and lest the setting wp Piroclaneations and making tthem PuMic immediately, acight be a means of aJarming him and iputting hire on absconding or niakiEg his escape, 'Isefore the Oiicerg 'Of "Jueticeeould have an OpportuEity of talking bira. " I shall write by this -Oppoc-taEity to Sir Wiliiana Jo'Iibsgh, t® acquaiMt k'nn with tkis njost unfortunate Aff;ur s.nd the MeasHres S am using to give the Indi&cs Satfisfiiction in brieging the Murderer to KxcRiplery Punitsiment, that h« may Communicate the :s7'hole flatter to the Sis Natiojjs in the i:stest fa^-oursiblc si&neer, and thas': they 'liiny be .convinced of ou-r siucere I-ate.iitions -to redress 'thena for all Inj:iiries done them, and to 'preserve Faithi with them ta the >^itBiost of cur .Power. ■" Th-e A?seEi.bly,>.who are aov7 sitting, have se'Qt 'tae fc Sill far Re- •moving the Settlers, a/ttd preventiag others from cettlisg oe any Lauds in this Pfovi'oce Eot purch;-ised froui the Indians, which in- ifliete the Penalty of Death .©a ail that shaU be feuad settled •om 'those I^ande after .a regular and legal Notice of 3.0 Daye has besiL ^ivGda tliC'Si to Eemove. I have tlids Day returaed it to tJie -House, •and have agreed to pass it with a Hecessary AmecdEienti, which thef '.caE ha-ve no ob^oetioe to, and ana ie great Hopes this Law Y/ili ef- ifectwally answer the good puripose desiign'd by it. ■" I anj, with great Eegai-d, Sir, " Vavir most Obedient humble Servan't, •".JOim PENN. "^'To His ExcelleQcy Greceral Gagj;/' 42^ MINUTES OF THE A Letter j^om the Governor to Sir WiWiam Johyt^im. " Si? : "A fe'^ dajs ago- 1 was fjvoTar'd ^yitb jour Letter of the 2d !»-- stant. It gives me great Pleasure to kaow that joa approve of ther Condiast of the Froprictarj CoxBmissioaera towards tke Dt^pKties of ihe Sis NatioB3 that attexx^ed the Survejsojs in yn»Ding the Line between this PjroTiBse and Marjlasd, aad of tbe SatisfacJiun miade- the Indiaas for tbeij Services; zicA I asm wdt-h obiiged to you foil" jour Soodness ia advaHcing the 4'0 Dollars for tbe Beeeased Indian^ Jacob's Wife, -whicfa I shall Transmit to you verj soon, together with th@ Ballaaee jow iBeatk)n So be due ^o joa in 4be Aecoiupt sent Bie. " It is with tSte (deepest CJoncsyn ibat I mast no"w a€quiii»t jou^ 4hat on Wedcesdaj last I received, by William Blyth, wbo then eaiBe to this Citj frosi his Mouse at Middle Cree5;, on the West side of StQsquebanna, the disagreeable ani Melancbelj Intirkligcnce- of a veirj BaT-bar.ous and unprovoked Mur^^er comiaitted oit four In- dian Men, three Indian "VYoaaea, two Gills and ai Ohibl. at thafc Oreek, by one S'redterick Stump, a German, on the 10th Ik lltb days of this M©nth,. the partieulars of whit'h are «OBtai»* ■, in the- JDclosed Copy of tb« said Bljth's Deposition. "I am undej the greatest apprebeasions ihat thisianbnjipj aiFair will, at this Juncture, wheia the Indians are so miieh disc'atented by the Injuries already done them, be productive of the :■ ost Ca- lamitous Consequences; But sothiog on the part of this < Jovern- ment shall be waating to remove all tbe Causes of thei? Com plaints, and to gi'-ye them tbe utmost Satisiastion ia tb© late ]ii~'.in&c of Barbarity Go-mmitte-d u their Peo]>le. I have eaused fxi Chief Justices Warrants to be dispatehed to all the 8berifis and .>*ber Of- ficers of the FraatJer Counties, Bosamandiag tbe iiiost diligent search to Esquires. James Tilghman, J A Delaware Indian, named Billy Champion, who came to Town two days ago, from the Susquehanna, appeared at the Board, and acquainted the Governor that Ncwahleeka, the Chief of the Dela- wares, and the other Indians at the Great Island, were much displeased that five white men had lately been marking Trees and Surveying Land in the Forks of the Susquehanna, as yet not purchased from the In- dians, and that he having innocently hired himself as a Hunter to them, •while they were engaged in that business, was very much blamed by the Indians, and threatened to be killed by them ; That there- fore Newalecka had ordered him to come immediately to the Gover- nor of Pennsylvania, and acquaint him therewith, and ask him whether those People had gone into their Country to Survey and Mark the Land by his Orders, or not, and also to request that he would prohibit all others from doing the same for the future, till the Land should be purchased from the Indians. It being the opinion of the Board that it would be advisable for the Governor to send Newalecka an Answer thereto, and a Message, with a Belt of Wampum to him and the other Indians at the great Island, by Billy Champion, to acquaint them with the late cruel Murder of the In- dians at the Middle Creek, and the Steps now taking to apprehend the offender, Mr. Logan and Mr. Peters were appointed to prepare a proper Message for that purpose, and to lay the same before the Council to-Morrow. The Board then took into Consideration the Assembly's Answer to the Governor's Amendment to the Bill for removing the Settlers on the Indian Lands, and being of Opinion that the Governor ought not to recede from his Amendment, advised him to return the Bill to the House in the Morning, with a Message, explaining the Rea- sons of his Ameudment. PROVINCIAL COUiXCIL. 42-; At a Council held at Philadelphia, on Saturday 23d January, 1708. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, Benjamin Chew, ) j^ j^es Richard Peters, James Tilghman, ) ^ The following Message to the Assembly being prepared, was Read and approved, and the Secretary was directed to deliver tbe same immediately to the House, with the Bill for removing the Settlers on the Indian Lands, viz'- : A Message from the Governor to the Assembly. " Gentlemen : " I am sorry to find by your Answer to my proposed Ameiadraent of the Bill for removing the Persons settled on the Indian Lands, that you are not inclined to accede to what I look upon to be the material part of it. As it was impossible I should know the Nature and Circumstances of any Improvement Mr. Croghan may have made on any Lands on the Ohio, I thought there might be an opening left for the People intended to be removed to sit down on those very Lands excepted by the Bill, which would render the Precautions taken in the Bill in a great measure ineifectual, and the Amendment was principally intended to guard against that Incon- venience, which I am confident you are equally soliicitous with me to prevent; but if you think the Terms of the Amendment too re- strictive of the Liberty Mr. Croghan ought to have,, of adding to or repairing the Improvements on the Ohio at the Place mentioned in the Bill, I am willing to depart from the Amendment as it stands; and as I think strict forms may be dispensed with iu a matter of so much consequence as the present, I would propose the following instead of it, which I am in hopes may be more agreeable to you, and may answer the general purpose of the Bill as well, Viz'- : ' Where the said George Croghan, Esquire, as Deputy Superinten- dant, hath of late held Conferences with the Indians, so as no greater number of Families be seated thereon than are at present on the same.' ''JOHN PENN. '' January 23d, 1768." And at the same time the Governor sent to tLe House by the Secretary a Verbal Message, as foUowSj viz'' : 42g MINUTES OF THE A Verbal Message from (he Governor to the ^ssemUy. "Sir: "The Governor commands me to acquaint the House that he has been prevented from sending an Answer to their Message of the 13th Instant so soon as he intended, by the close attention he has necessarily been obliged to give to the unhappy Affair of the Mur- der of the Indians at Middle Creek, taking immediate Measures for bringing the Offender to Justice, and dispatching Letters on the Subject to General Gage and Sir William Johnson, but that he has now Resumed the consideration of the said Message, and will speedily send an answer to it. "January 23d, 1768." The Draft of a Message to Newalecka and the Indians at the great Island being prepared, was laid before the Board and approved. It was then read and explained to Billy Champion, in order to be com- municated by him in the Indian Manner to Newalecka and the other Indians, and follows in these Words, Viz'- : A Message from the Governor of Pennsylvania to Ne^voleeha, the Chief of the Delawares, and to the other Indians at the Great Island: " Brother Newoleeka: " The Indian Man, Billy Champion, who is the Bearer of this Letter, has informed me there were some white People in your Parts, Surveying and marking out Lands under a pretence of Hunting, and You sent him to desire to know if this was done by my Order or knowledge. I assure you it was not. It is a wicked thing, con- trary to my Treaties with you, and contrary to our Laws and my Proclamations. I will make it my business to find them out, and if you know who they are, I desire you will inform me, that they may be taken and brought to Justice, The String herewith sent, confirms my Words. A String. ■" Brother : " I am glad this Indian Man Bill came down at this time, for it gives me an Opportunity of informing you of a Melancholy affair which I have only heard of within these few days, and which fills the Hearts of all your Brethren with the deepest Sorrow and Grief. It is this : Two or three Families of Indians, namely, the White Mingo, Cornelius, Jonas, and John Cammell, three Women, two Girls and a Child, left the Big Island in the Spring, and came and built themselves Cabins on Middle Creek, about 15 Miles up the Creek ; there they lived and Hunted, and were often with our Peo- ple, and were always well received and kindly treated by them; PROVINCIAL COUNCIL. 429 about Ten days ago they were at Mr. William Blyth's, who lives at the Mouth of Middle Creek, who treated them kindly; and from his House they went to one Frederick Stump's, a Dutch- man, who lives in that neighborhood. There it is supposed some difference happened, but what it was we have not heard, but they were all found Murdered, Six of them in Stump's own House, and four at a Cabin at some distance from it; and I am further informed Stump says he killed them all with his own hands, and that there was no other person concerned with him in the Fact. "On my receiving this Melancholy Account, the Sheriff was im- mediately sent with Officers to take up this Stump as the murderer, and for their Encouragement I oifered them a Reward of Two hun- dred Pounds, and I am in hopes he is by this time taken, and nothing .shall be lost to bring him to his Tryal, that he may suffer Death in the same manner as he would have done bad be killed so many White Men. "Brother: " I consider this matter in no other light than as the Act of a wicked, rash Man, and I hope you will also consider it in the same way, and not imagine, that since it was done by one Man in the manner I have related it to you, that any other Persons have been concerned in it, or that it has been any way encouraged by any of my People, I assure you it has not. " Brother: " There are among you and us some Wild, Rash, hot-Headed People, who commit Actions of this sort. Whenever it so happens, all that can be done is immediately to acquaint each other of them, and to bring the Offenders to Justice, that it may make no breach between us, but be considered as a rash, sudden act, that could not be prevented ; And we now inform you further, that we are going to send off a Messenger immediately to the Relations of the de- ceased People, who, we hear, live near Chenasso, to inform them and the Seneca Nation, to wliom they belong, of this Murder, and to bury their Bodies, and wipe their Tears from their Eyes, that it may not break the friendship subsisting between us and the Indians, but that we may live together and love one another as we did befare this melancholy Accident happened. This Belt confirms my words. A Belt of Wampum. " Brother: "I desire this Belt of Wampum may be sent to any of our In- dian Brethren near you, that they may not be frightened or think the English are not their Friends. Assure them to the contrary, and that we will keep the Chain of Friendship entire and bright, 430 MINUTES OF THE notwithstanding this Accident. To confirm this my request, I give you this String. A String. C I — *«— >) "^ " Given under my Hand and the Lesser Seal of the J Locus [ Province of Pennsylvania, at Philadelphia, the 23d } Sigilli [ of January, 17G8. t^^-r^J ''JOHN PENN. " By His Honour's Command. " Joseph Shippen, Juu'' Secretary." The Secretary then transcribed the above Message, and after fully explaining it again to Billy Champion, Sealing it up and delivering it to his ("are, with a Belt and two Strings of Wampum, directing him to make no delay in carrying the same to Newahleeka, and in his way to call on his Brother, who speaks and writes Eoglish, to accompany him to the Great Island, in order to Interpret the Mes- sige fully to the Indians. It was agreed by the Board, that in Consideration of Billy Champion's Services and Expencesiu coming from the great Island and carrying the above Message, he should have a present of a Blanket, a Shirt, a Hat, a pair of Shoes, a pair of Indian Stockings, a Breech Cloth, and Four Pounds two Shillings and Six pence in Cash, which was accordingly provided and delivered to him. At a Council held at Philadelphia, on Monday 25th January, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c' William Logan, Benjamin Chew, \-p, • Richard Peters, James Tilghman, j ^ The Board resumed the consideration of the Assembly's Message of the 13th Instant, and a Draft of an answer thereto being pre- pared, was laid before the Board, Bead and approved The Secre- tary was directed to Transcribe the Same, and carry it to the House in the Afternoon. The said Message follows in these Words, Viz'- A Message from the Governor to the Assembly. " Gentlemen : " My Verbal Message of Saturday last, contained the reasons why Your written Message of the 13th Instant remained so long unan- swered ] And now I take the opportunity of expressing the Pleasure it gives me to find you truly Sensible of the necessity there is of re- moving those perverse and obstinate People, who, contrary to the PROVINCIAL COUNCIL, 4Sl Faith of Treaties, and in contempt of Ilia Majesty's Orders, have settled themselves within the Bounds of this Province, on Lands as yet, unpurchased of the Indians. " It would afford me the highest Pleasure not only to make the Indians easy in this Particular, which I understand from the best Authority, is the principal Cause of their present discontent; hut to give theiiv Ample Satisfaction for every past or future Injury oilered to them in this Government. As to the barbarous murder com- mitted on the Indians at Conestogo and Lancaster, in the Year 1763, no Man can be more sensible than I am that they are Crimes of so black a Dye as to admit of no Aggravation, or more desirous of bringing the Perpetrators of those Villanies to the Punishments they so justly merit; And I have the Satisfaction to know that every vigorous Step was taken by me on that melancholy Occa- ?ion, wliich the Law would Warrant. For the better securing of the Publick from any further attempts of those audacious People, the assembly at my Instance extended to this Province the Riot Act of the 1st of George the 1st. I did not lose a mo- ment's time in Writing the Magistrates of Lancaster, York and Cumberland, commanding and enjoining them in the Warmest Terms to use their utmost Endeavours to discover and apprehend the Offenders, and by a Proclamation issued by me at the same time, very high Rewards were offered to those who should make such discoveries. It is greatly to be lamented that those Measures were not attended with the success so much desired and expected from them. No one could be found who had Virtue or Resolution enough to give the Officers of Justice any information in the matter, to which it is owing, and not to the Debility of the Government; that Justice has not loug since overtaken the murderers. " The Orders I then gave, and the Rewards offered, were not limited to anytime, but still carry with them the same Obligations and Inducements they ever had. In my Station I conceive noth- ing more can be done without doing an Act of Violence to the Con- stitution, wliich commits the immediate Administration of Justice wholly to the Magistracy, and I am persuaded. Gentlemen, that you are the last Persons who would advise me to extend my Power in any Case beyond the Rounds prescribed by the Laws of the Land. I have heretofore taken occasion to urge to Sir William Johnson the necessity of establishing a general Roundarj' with the Indians, and shall take the earliest opportunity of communicating to his Excellency General Gage and Sir William Johnson, that part of your Message relative to the compleating with the Indians an agreement respecting such Boundary, but at the same time £ think myself obliged in Justice- to those worthy Gentlemen, to ac- quaint you, that to my certain Knowledge it is not owing to them that this Cause of complaint and Uneasiness with the Indians has not been loug ago removed. "JOHN PENN. " January 25th, 17G8." 43a MINUTES OF THE At a Council held at Philadelphia on Thursday 28 Jan^'"' 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, Benjamin Chew, 1 j^gf^uj^es Richard Peters, James Tilghman, j. » The Governor laid before the Board a Message from the Assem- bly, which he received yesterday, with the Bill for removing the People settled on the Indian Lands. The said Message was read, and is as follows, viz'- : A Message to the Governor from the Assembly. " May it please your Honour : " After taking into our serious consideration the Bill cntituled 'An Act to remove the Persons now settled, and to prevent others from settling on any Lands in this Province not purchased of the Indians,' with your Honour's proposed Amendment, and Message of the 2od Instant, it is with real concern we have found ourselves under the necessity of differing in Sentiments with you in a matter of so much importance to the Peace and Safety of the Province. Could we conceive your Amendment to be either reasonable or ne- cessary, we should have adopted it without the least Hesitation, but as, in our opinion, the Bill, in its present form, is adequate to the mischiefs intended to be remedied, and had we acceded to your pro- posed amendment, we shou'd have involved the innocent with the guilty, by imposing the severest Penalty on a Person for doing an Act which there is no Reason to suspect can give the Indians the least discontent, we thought the Bill would better answer the Pur- poses intended without it. " 'J'hat our Reasons for this disagreement in opinion with your Honour may be rightly explained and understood, we beg leave to observe, that the House, from an earnest desire to remove the cause of the Indian Jealousy and discontent, arising from the Settlement of their Lands, prepared a Bill, and by the first Clause thereof in- flicted the Penalty of Death on all Persons settling on any Lands not purchased of the Indians ; but as they were informed that there are a number of Settlers on the communications through this Colony to Fort Pitt, under the Permissions of his Majesty's Generals for the Accommodation of his Troops in their Marches, and, as George Croghan, Esquire, Deputy Superintendent of Indian affairs, had likewise made a Settlement near Fort Pitt, with the As- sent of the Six Nations, where he generally resides when sent to that Country on the business of the Crown, none of which Settle- ments had ever been objects of the Indian complaints, we thought it highly expedient and necessary to except them in the Bill. The PROVINCIAL COUNCIL. 433 Proviso relating to the latter, is in these Words : * Provided always, that nothing herein contained shall be deemed or construed to ex- tend to a Settlement made by George Croghan. Esquire, Deputy Superintendent of Indian Affairs, under Sir William Johnston, on the Ohio, above the said Fort, by the consent and approbation of the Six Nations.' To this Proviso your Honour was pleased to send down the following Amendment : ' Dele the Words [by the Consent and approbation of the Six Nations], and insert the words [where the said George Croghan Esquiie, as Deputy Superinten- dant, hath of late held Conferences with the Indians, so as no En- largcment or Jiddit'ion be made to the Improvemenis thereon, at the time of passing this Act, nor any more Families be seated on the same].' To leave out the Words Objected to we chearfully agreed, because, altho' we have no doubt that this Settlement was made by Mr. Croghan with the Assent of the Six Nations, yet as we had not the Proofs before us to convince you of the Fact, we did not think them of Consequence sufficient to be insisted on, but as to the other parts of the Amendment for the following, which we think important Reasons, the House adhered to the Bill. " Because we have never understood that the Settlement long since made and well known to his Majesty's Generals and Sir Wil- liam Johnson, has ever been disapproved of by them, nor have we heard, or do we believe, that it is the least Cause of Indian Discon- tent, and therefore we could not perceive that it could answer any good Purpose to restrain Mr. Croghan from making any ' Enlarge- ment or Addition to the Improvements thereon.' Besides, we are apprehensive, should the Government too strictly counteract the Ap- probation of the Indians with respect to this Settlement, it might, at this critical Juncture, tend rather to increase than remove their dissatisfaction. " And because we cannot presume that Mr. Croghan would do any Act whatever thnt might give the least Umbrage or uneasiness to the Natives under his immediate Snperintendance; the Commis- sion he holds, the Address and Fidelity with which he has always executed that Commission, and the eminent Services he has ren- dered the Nation and its Colonies in conciliating the Affections of the Indians to the British Interest, forbid the suspicion. To re- strain, therefore, that Gentleman from making any enlargement or Addition to the Improvements already made on this Settlement, and thereby to render him liable to the Penalty of Death for an Act which perhaps may be necessary for the more convenient transacting the business of the Crown, and which can by no means be productive of the Mischiefs intended to be obviated by the Bill, would be a Severity, in our Opinion, entirely unnecessary, and as unreasonable as unmerited. " Thus much we have thought proper to offer in Vindication of our disagreeing with you on your proposed Amendment; And with Respect to your Honour's apprehension, ' that there might be an VOL. IX. — 28. 434 MINUTES OF THE opening left for the People intended to be removed, to sit down on the Lands excepted by the Bill/ We beg leave to say, that it ap- pears to us very improbable that the Settlers who shall be removed from their present settlement, will transfer themselves and Families to the Lands settled by Mr. Croghan, as those Lands are all in the Vicinity of Fort Pitt, and no Settlements can be made thereon without the Consent or Connivance of the Officer commanding that Garrison. To presume eiiher of which, would be injurious to his public Reputation. However, to remove your Honour's Objec- tion on this Head, and that a Bill of so much consequence to the public Welfare may be no longer retarded, we will agree to insert in the bill, instead of the Amendment proposed in your Message, the following Proviso : " Provided, also, that if any person who shall remove off and from the Lands not excepted as aforesaid, or elsewhere, to the Lands on which the said George Croghan, Esquire, has made the Settlement aforesaid, and shall there reside and Settle, to the Annoyance and Dissatisfaction of the Indians, every such Person shall be, and is hereby declared to be Offenders within the Intent and meaning of this Act, and liable to the Penalty herein before directed to be in- flicted on Persons Settling on Lands not purchased of the Indians as aforesaid, after the Notice aforesaid. " Signed by Order of the House, " JOSEPH GALLOWAY, Spealcer. " January 27th, 1768." The Board taking the above Message into Consideration, and not thinking it advisable to adopt the Proviso proposed therein by the House, unless they would agree to strike out the Words *' to the Annoyance and Dissatisfaction of the Indians," were of Opinion that the Bill should be returned to the Assembly, with a Message from the Governor, acquainting them that he would be v.illing to pass it with that Proviso, omitting those Words, and expunging from the Bill the Words " by the Consent and approbation of the Six Na- tions." The following Message was accordingly drawn, and being approved, the Secretary was directed to carry it to the House, with the Bill for removing the Settlers on the Indian Lands." A Message from the Governor to the Assembly. "Gentlemen : " The Addition you propose in your Message of Yesterday, to the Bill entituled "An Act to remove the Persons now Settled, and to prevent others from Settling on any Lands in this Province, not purchased of the Indians, is, iu my Opinion, so far from answering PROVINCIAL COUNCIL. 435 the Purpose of deterring Persons from removing themselves to, and settling on the unpurchased Lands where Mr. Croghan has made a a Settlement, and usually resides wheu he transacts business with the Indians, that it may rather be considered as an En- couragement to them. The Offence, by the Addition proposed, does not consist in settling these Lands, unless such settlements shall be " to the Annoyance and Dissatisfaction of the Indians/' so that all Lawless Intruders will be at liberty to take posses- sion of and improve them in the first instance with Impunity, and whether it may or may not annoy or dissatisfy the Indians in gen- eral, may be a Question of extreme difficulty, and which perhaps may not admit of such legal Proof as to bring the Settlers to con- dign Punishment under this Law, till an Indian War (the Evil we are guarding against) has actually taken place. For this reason I cannot help thinking, that the Amendment contained in my written Message of the 25th Instant, much better adapted to the good End we both seem to have in view, than the new Proviso you would add to the Bill. The material difference between us is occasioned by the words of your Proviso [to the Annoyance arid Dissatisfaction of the Indians,] which I conceive makes the Crime too depend on facts scarcely capable of full proof, I am therefore in hopes on coolly considering the matter, you will be inclined to wave the Expres- sions in the Proviso, which if you think proper to do, I will pass the Bill with the rest of your Proviso, after expunging the words you agreed to leave out in your answer to my first amendment. Should you however, Gentlemen, on this point difi"er in Sentiment with me, to prevent the miscarriage of a Bill of such general Conse- quence, upon which the Peace of the Colonies may in a great meas- ure depend, I will consent to pass it on the Amendment you first acceded to. "JOHN PENN. « January the 28th, 1768." A Bill entituled " An Act for the relief of the Poor," sent up yesterday by the House for the Governor's Concurrence, was also laid before the Board and referred to further Consideration. Mr. Peters and Mr. Logan, having by the Governor's desire pre- pared a Message to be sent by the Indians now in Town from Wighaloosin, viz'': Zaccheus and his Family, to the Indians resid- ing at Wighaloosin and the upper parts of the Susquehanna, the same was approved and Signed by the Governor, and the Secretary was directed to affix the Lesser Seal to it, and to deliver it with two Belts of Wampum to the Charge and care of the said ZaecheuSo. The said message is as follows, viz'-: 436 MINUTES OF THE " I'Jie Honourable JOHN PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Peniisylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware. " To our Indian Brethren at Wighaloosin, on the River Susquehanna, Greeting : " Brethren : " We have the Pleasure to see in this City the Indian Zaccheus^ and some other Indians with him. They came on a friendly visit, and we have received them like Friends and Brethren. " Brethren : " We have just now received a very disagreeable Piece of News. Some Indians have lately been Murdered at Middle Creek, not far from the Island called the Mahoney, in the River Susquehanna, .about 7 or 8 miles from Shamokin. " Our Treaties of Friendship oblige us to acquaint our Brethren ■with every thing that happens, especially if it relates to Life, or .any hurt and violence done to our Persons or Properties. We shall, therefore, openly and aflFectionately relate this Matter to you just as we received the account of it by a Person of Reputation, living in the Neighborhood where the Murder was committed. "Two or three fiimilies of Indians, namely: an Indian called the the White Mingo, another called Cornelius, another called Jonas, another called John Cammell, three Indian Women, two Girls, and a Child, removed from the Big Island in the Spring, and came and ■built themselves Cabbins on Middle Creek, about fifteen miles up the said Creek ; there they lived and hunted, and were in a very friendly manner with the White People thereabouts, and were , always well received and kindly treated by them. " About Ten days ago they were at Mr. William Blyth's, who lives at the Mouth of Middle Creek, who treated them kindly, and from his House they went to one Frederick Stump's, a Dutchman, who lives in that neighborhood; there it issupposed that some dif- ference happened, but what it was we have not heard, but they were .all found murdered. Six of them in Stump's own House, and four Ib a Cabin at some distance from Stump's House, and I am further • informed Stump says he killed them all with his own Hands, and that there was no other Person concerned with him in this Act. ■ " Brethren : " On my receiving this melancholy Account, the ShcriiFs were immediately sent with Officers to take up this Stump as the Mur- derer, and for their Encouragement I oifered a Reward of Two hundred Pounds, to be forthwith paid to any Person or Persons who should apprehend Stump, the murderer; and I am in hopes he is by this time taken, and no time shall be lost to bring him to a Trial, that he may suffer Death in the same manner as he would do if he had killed so many White Men. , PROVINCIAL COUNCIL. 437 *^' Brethren : " I can consider this matter in no other light than as the Action of a wicked, rash man, and I hope you will also consider it in the same wa}', and not believe that since it was done by one man, in the manner I have related, that any other White Men were con- cerned in it, or that it has been any ways encouraged by any of my People ; I assure it has nut. " Brethren : *•' There are among you and us some wild, rash, hot headed Peo- ple, who commit Actions of this sort ; Whenever it so happens, all that can be done is immediately to acquaint each other of these things, and to bring the Offenders to Justice, that it may make no Breach between us, but be considered as a rash, sudden Act, that could not be prevented, And we now inform you that we have sent off Messengers to Sir William Johnston and to our Indian Breth- ren, the Sis Nations, to inform them of this wicked Murder, & how it happened, with intent that it may not break the Friendship sub- sisting between us and the Indians, but that we may live together and love one another as we did before this melancholy accident hap- pened. This Belt of Wampum confirms my words. A Belt " Brethren : " We desire that this Belt of Wampum may be sent forward by Zaccheus, or any other Indians that shall chuse, to the Indians living up the Susquehanna, and particularly to those who live at the North West branch, which runs into the Susquehanna at Diahogo, or Tohickon, because we are informed that the White Mingo, and some of the other Indians, came from some Town on that Branch. '^ Brethren : "I desire you will particularly assure our Indian Brethren in ray name, that this matter gives as much Trouble and grief to our Hearts as to theirs, and that notwithstanding this wicked Action, we love our Brethren as well as formerly, and shall spare no Pains to briug the Murderer to the Death he deserves. A Belt. ( I — ^- — . "^ " Given under my Hand and the Lesser Seal of the j Locus [ Province of Pennsylvania, at Philadelphia, the twenty- I Sigilli. I eighth day of January, 1768. {^' — , — ') "JOHN PENN. " By his Honour's Command. " Joseph Shippen, Jun'' Secretary." The Indian, Zaccheus, having complained to the Governor that he and his Family, consisting of 9 Persons, were very Poor, and Pe- titioned for some Cloaths and Necessaries, His Honour directed that they should be furnished with what was sufficient for them, and they were accordingly presented with the following Articles, Viz*-: 438 MINUTES OF THE "10 Shirts, lo'"- Lead, 1 dozen Cotton Romal Handk'-" 8 Blank- ets, 4"^- Powder, £20 in Cash, 10 pr. Ind"- Stockings, 2 Brass Ket- tles." Friday, 29th January, 17G8, 5 o'Clock, P. M. MEMORANDUM: An Express arrived this moment with a Letter to the Governor from Edward Sbippen, Esquire, at Lancaster, with Intelligence of Frederick Stump's being taken, and secured in the Gaol of Cumber- land County, which Letter was immediately laid before the Assem- bly for their perusal, and follows iu these Words, viz'-: " Lancaster, 28th January, (Noon), 1768. " Honoured Sir : "As soon as the Magistrates of this County received the honour of your directions, by Mr. William Blythe, for apprehending of Frederick Stump, The Sheriff and Coroner went off with the Copy of the said directions to James Burd, Esquire, and these Of- ficers are now returned, and inform us that the murderer of the In- dians is taken by young Captain Patterson, with a Party of twenty Men, and secured in Carlisle Gaol, that on our said Officers return to Mr. John Harris's, Mr. Burd being there, they sent an Express over to the Sheriff of the County- of Cumberland, desiring him to bring Stump to them, and they would take care to convey him safely ■down to Philadelphia, in order to be examined ; but he wrote them for Answer, that he could not do that, for Reasons which he should im- mediately send by Express down to his Honour the Governor. The Magistrates who live in this Borough, thought it advisable to send your Honour this News b}^ Express, Vvho is to setoff after his Horse is Shod. "I am Your Honour's affectionate Friend, " and most humble Servant, "EDV\"- SHIPPEN. " To the Hon''-'' John Penx, Esquire, Governor." At a Council held at Philadelphia, on Saturday SOth Jan''- 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, Lynford Lardner, ? t^s. ,,;vpb &T m'^ 1 I j^jsquires. James liJghman, 3 The Bill entituled "An Act for the relief of the Poor,'' was read and considered, and the Board being of Opinion that it re- PROVINCIAL COUNCIL. 439 quired several Amendments, the following ones were made and agreed to, and the Bill was ordered to be returned to the Assembly with the same, as soon as they should meet on Monday next. Amendments to the Bill entituled " An Act for the relief of the Poor:" " Page 2, Line 3, Instead of the word f^^*^^]? insert the word [or]. " Page 21, Line 3. after the word [the], insert the words [Dis- trict of Southwark, the]. " Page 27, Line 7. instead of the word [Twenty], say [Ten]. "Page 30, Line 5. instead of [monneyl say [money]. " Page 38, line 1. instead of [Six] say [Twelve]. " Same Pa., Line 10. after the word [reside] insert the word [and]. ''Page 41, Line 7. instead of [.Justicis] say [Justices]. '' Page 42, Line 3. after the word [shall] add the Words [after the Date of such Certificate]. " Same Pa., Line 7. instead of the Word [perscribed] say [pre- scribed]. " Same Pa., Line 10. after the word [Borough] insert the word [or] " Page 4 ), line 7. after the word [City] add the words [other than the Mayor or Recorder]. " Same Pa., Line Anti penult, after the word [City] insert [other than the Mayor or Recorder]. "Same Pa., Penult Line, instead of [Per] say [Persons]. " Page 44, Line 4. after the word [the] insert the word [.said]. " Page 45. Dele from the word [the] in the first Line to the word [and] in the fourth Line, and instead thereof insert the words [nest general Quarter Sessions of the Peace to be held for the City or County from which the Person or Persons shall be so removed, and that the said appeal shall be prosecuted and determined in the General Court of Quarter Sessions of the Peace for the City or County respectively, where such Order of removal shall be made]. " Same Pa., line 5. Instead of the word [.Justices] say [Court]. " Page 46, Line 8. after the word [same] add as follow.s : [Pro- vided always, and be it further enacted by the Authority aforesaid, that none of the Magistrates or Justices who shall sign any Order for the removal of a Poor Person or Persons shall, on the hearing any Appeal from such Order, sit or Vote in the (-ourt of general Quarter Sessions of the Peace for the City, Borough, or County to which such Appeal shall be made]. " Page 59, Line 1. Dele the words [of the Poor]. "Same Pa., Line 10. Dele the words [and if]. "Page 62, Line 2. instead of the words [the next] say [their]. " Same Pa., Line 9. instead of the word [Wines] say [Wives]. i' Page 63, Line 13. instead of [Prophets] say [Profits]. " Page 05, Line 14. instead of [Wife] say [Mother^." 440 MINUTES OF THE The Governor laid before the Board A Petition from a rery con- siderable number of the Inhabitants of Berks County, setting forth that if a Provincial Road was laid out in the most convenient places, from the Town of Reading, in the said County, to Fort Augusta, it would greatly tend to advance the Trade and Commerce with the Indians who are Settled at the heads of the Susquehanna River, and to preserve the Friendship and Peace with them, and would, also, save great charge and Expence in Transporting Skins and Furs from thence, as the distance from that Fort to Philadelphia, by way of Reading, is much shorter than any other, and therefore, praying the Governor in Council, to appoint proper Commissioners to lay out a King's High Way, or Public Road from the said Town of Reading to Fort Augusta, and to direct Measures to be taken for opening and clearing the same. The Board taking this matter into Consideration, are of Opinion that such a Road will be of very great Public Utility, but that as part of the Country through which it would pass to Fort Augusta, is not yet purchased of the Indians, a Road ought not to be opened beyond the Line of the last Purchase. It is, therefore, agreed and ordered that a Provincial Road be laid out from the said Town of Readhuj, through the County of Berks, in the most convenient and direct Courses, towards Fort Au- gusta, as far as the said Line, or to such part of the River Susque- hanna, between the Mouth of Mahnnoy Creelc, and where the said Line intersects the said River, as may be found to be of the greatest public use and convenience. And the Board do accordingly ap- point and order Jonas Seely, John Patton, Henry Christ, James Scull, Frederick Weiser, Benjamin Spycker, Mark Bird, Christian Laur, and Thomas Jones, Juu'' or any Six of them, to lay out the same Road, and make a Return of the Courses and Distances thereof, into tlie Provincial Secretary's Office, within Six Months from this day, in order to be confirmed by the Governor and Council, if the same shall be approved. A Committee of two members of Assembly waited on the Gover- nor and presented him a Bill for his Concurrance, entituled "An Act for incorporating the Society known by the name and Stile of the Philadelphia Contributionship, for the Insuring of Houses from Loss by Fire, to ratify and confirm the Articles of Agreement of the Contributors, and to enable them to make suitable By-Laws for the better management and prosecution of the said design." Mr. Hillegas, one of the said Members, then acquainted the Gov- ernor that tLe House were about framing a Lottery Bill, for raising a sum of money for purchasing a piece oif Ground on the River in the Northern Liberties for a Public Landing, &ca., and presented him for his approbation, a List of Persons proposed for managers of the said Lottery, viz'-; Thomas Salter, Philip Syng, Samuel Miles, John Chevalier and Peter Knight. The Governor made answer that he should consider of them, and let him know at a future time whether he approved of them. PROVINCIAL COUNCIL. 441 Tuesday 2d of February, 1768. MEM0RANDU3I. The Governor was informed that Frederick Stump and his Ser- vant, who were Committed to the Gaol at Carlisle on the 2od Ul- timo, were still detained there, contrary to the express Orders of the Chief Justice's Warrant, which required that the said Stump should be brought to Philadelphia to be examined before one of the Justices of Oyer and Terminer, and no Letters being as yet received, either from the Magistrates or Sheriffof Cumberland County on that Subject, His Honour, by the advice of the Members of Council, wrote the following Letters to the Sheriffs of Cumberland, Lancaster and Ches- ter, ordering them to bring the said Frederick Stump and his ser- vant John Ironcutter, forthwith to this City, agreeable to the War- rant of the Chief Justice. Ji Letter from the Governor to the Sheriff of Cumhcrland Count)/. " PiiiLADELniiA, 2d of February, 1768. "Sir: " I am altogether at a loss to conceive the reason why you have not e'er this, in obedience to the Chief Justice's Warrant, brought Frederick Stump to Town in order to be examined, or at least de- livered him to the Sheriff of Lancaster. For if in this important matter you shall be found to be delinquent, you may expect to be called to the strictest Account. Whatever reasons may have hitherto induced you to retain the said Stump at Carlisle, you are immediately, upon notice given you by the Sheriffof Lancaster, of the time when he will be ready to receive him, to proceed with him under a proper Guard to the Verge of your County, and there de- liver him into the Custody of the Sheriffof Lancaster County. But in Case you shall have reason to suspect any attempt to rescue the Prisoner, you are to retain him at Carlisle, and give me immediate notice by Express, of the reasons of your Apprehension. "I am Sir, " Your most Obedient humble Servant, "JOHN PENN." P. S. "As Ironcutter, the Servant of Stump, is apprehended as an accomplice with his Master in the Murder of the Indians, he is also to be sent down. To John Holmes, Esquire, Sheriffof the County of Cumberland. A Letter from the Governor to the Sheriff' of Lancaster Counfi/. "Sir: " I send the Bearer Express to the Sheriff of Cumberland, ordering him to deliver forthwith into your Custody the body of Frederick Stump and his Servant, Ironcutter. You are therefore, 442 MINUTES OF THE upon the Receipt of this, to give him immediate Notice of the time you will be ready to receive them at the Verge of your County, and upon receipt of the Prisoners, you are to convey them immediately, under a proper Guard, to the Borders of Chester County, where I expect the Sheriff of that County will meet you, in order to receive the Prisoners into his Custody; but if by any Accident the Sheriff of Chester should not meet you at the Verge of that County, you are to lose no time in waiting for him, but are to proceed with the Prisoners directly to this City; And if you shall have any reasons to suspect an attempt to rescue the Prisonei's, you are to retain them in your Gaol, and give me Notice by Express of the reasons of such your apprehension. " I am, Sir, Your most Obedient humble Servant, ''JOHN PENN. " To James Webb, Jun'- Esquire, Sheriff of the County of Lan- caster." A Letter from tlie Governor to the Sheriff of Chester County. " Philadelphia, 2d February, 17G8. <'Sir: " I inclose you the Copy of a Letter which I send by Express to the Sheriff of Lancaster, respecting the bringing Frederick Stump and his Servant, Ironcutter, charged with a late murder of 10 In- dians, to this City, to be examined by one of the Justices of Oyer and Terminer. You will perceive therein, that he is directed to de- liver the Prisoners into your Custody at the Verge of your County, where I desire you will attend and receive Stump and Ironcutter into your Charge, and immediately bring them under a sufficient Guard to this City. *' As the Time is at present uncertain when the Sheriff at Lan- caster will be down with the Prisoners, I must leave to your dis- cretion the means of settling with him the day you are to meet him, to avoid your being put to the Trouble and Expence of wait- ing unneccessarily at the Borders of the County. Perhaps it might be the most expedient for you to dispatch one of your Deputies to Lancaster, that he may be ready to come Expess to you on the Occasion. " I am, Sir, " Your most Obedient humble Servant, "JOHN PENN. *' To John Morton, Esquire, Sheriff of the County of Chester." PROVINCIAL COUNCIL. 443 3IEM0RANDUM, Tuesday 2d February, 17G8. A Committee of two members of Assembly waited on the Gover- nor, and presented him for his Concurrence three Bills, eutituled as follows, viz'- : *' An Act to continue an Act, entituled ' An Act for laying a duty on Negro and Mulatto Slaves imported into this Province.'" And another Act entituled a Supplement to " an Act eutituled 'An Act for laying a duty on Negroe and Mulatto Slaves imported into this Province.' " "An Act for raising by way of Lottery the Sum of £5,250 for the purchasing a Public Landing in the Northern Liberties, and paving the Streets of the Ci^y of Philadelphia. The same Members also brouglit up the Bill for the relief of the Poor, Tvith the following answer of the House to the Governor's amendments thereto, viz'- : ist, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th. Amendments agreed to by the House. 11, 12. The House adhere to the Bill. 13, 14. Agreed to by the House. 15, 16. The House adhere to the Bill. 17, 18, 19, 20, 21, 22, 23. Agreed to by the House. By the last Post the Governor received a Letter from his Excel- lency General Gage, dated the 26th Ultimo, which was ordered to be entered on these minutes of Council, and is as follows, viz'-: A Letter to the Governor from his ExceUnncy General Gage. " New York, January 26th, 1768. " Sir : " I have been favoured with your Letter of tlie 21st Instant, with the Deposition of William Blythe, conjerning the murther of a Number of Indians, by one Stump, a German. Such an event, at this Juncture, ni-akes me very uneasy for the Consequences that we have Reason to fear will ensue, tho' you have taken every measure in your Power to avert the Resentment of the Indians. If this Villain can be apprehended and brought to Punishment, in pre- sence of some of the Indians of the Tribe to which those who have been killed belonged, they may possibly, with the Addition of a few Presents to their Relations, be Pacitied, and the Vigorous measures now taken by your Assembly to remove the Settlers on the Waters of the Monongahela from their Encroachments, must convince the Savages of our sincere desires to do them Justice on all occasions. You will by the Spring be able to Judge in what manner it will be proper to proceed against those Vagrants, and I shall have the Troops in readiness to give you every Assistance that you can require from them. *'I have the Honour to be, with great regard. Sir, "your most Obedient, humble Servant, " THO^ GAGE. " Hon"^- L'- Gov"- Penn." 444 MINUTES OF THE Eodem Die, P. M. An Express arrived from Carlisle, with a Letter to the Governor from John Armstrong, Esquire, dated the 24th Ultimo, which was immediately laid before the Assembly for their perusal, and fol- lows in these words, viz': A Letter to the Governor from John Armstrong, Esquire. "Carlisle, 24th January, 1768. " May it please your Honour : " Your Honour's Orders of the 19th Instant, together with the Chief Justices' Warrant, came to hand yesterday afternoon. This most Barbarous Murder, Pregnant as it is with every gloomy ap- pearance, as well to the Publick as to many helpless Families, you very justly conceive of. "Agreeable to these apprehensions, as soon as the report came here, altho' at second hand I did, with the advice of a number of the Magistrates, write for and immediately send off the Coroner, not only to do his Office, but to use every possible mean, whether by Stratagem or Force, to bring in Frederick Stump and his Servant man, hoping, at the same time, that unless Men were lost to Reflec- tion and the Laws of Society, the thing would not be to do when the Coroner should get there, accordingly, to our great Satisfaction whilst in Obedience to the Orders of Government, we were fixing out the Sheriff, together with William Lyon, James Maxwell, and John A.llison, Esquires, who were to have a proper Guard, Stump and his man were brought into this Town about 8 O'Clock, P. M., by Cap'- William Patterson and about Twenty young Men, Inhabi- tants of Juniata, who did this good Act, and the Sheriff sets out with the Criminals to-morrow morning. I hope the Coroner, who has not yet time to return, nor did the Party meet him, will also be enabled to do his Oflice. I told him to bury those said to be under the Ice, at least in two Graves, and also sent a Message to Patterson before he came here, provided the Fellows were taken, that if any Indian were in them parts, he should immediately be dispatched to the great Island, or next party of Indians, to assure them that the Gov- ernment would do them Justice ; accordingly, he tells me, he has sent one Gcrshom Hicks, formerly a Prisoner with the Indians, and have also advised, that if a second messenger can be got, he may be sent to shew the particular care your Honour has taken on the oc- casion, but this last I hope may be better eflected by Blyth on his Keturn home, if any Indians there be about him. We have not attempted any formal Examinations here, but the Fellows frankly acknowledge that they were the only perpetrators at both Places, Stump killing nine of the Indians, and the Servant One, but have formed a similar Story, touching the conduct of the Six Indians at PROVINCIAL COUNCIL. 445 Stump's House, and the necessity be was under to kill them, which I take to be false. The Report of the Coroner shall be transmitted by the first Opportunity after his return. Sundry Families are fled off of the Susquehanna, near to Stump's, yet I think the Indians will consult before they attempt Hostilities, but am afraid they may strike before any proper state of this matter can be sent them. '' I am your Honour's most Obedient humble Servant, "JOHN ARMSTRONG. " Governor Penn." . "28th Instant, the Magistrates Letter to the Chief Justice, will shew the Coroners disappointment, as well as that of my own ex- pectations, when I wrote your Honour as above, respecting the speedy removal of the Prisoners to Philadelphia; We are most sin- cerely anxious and deeply affected why a punctual compliance with your Honour's Orders, and the Warrant of the Chief Justice, in regard of sending Stump to Philadelphia for Examination, &ca., should meet with any appearance of reluctance or disobedience upon our Parts, which is far from facts, but the Truth is humbly rested in your Honour's confidence, that by certain means an Alarm is raised in the Minds of many, touching their Priviledges in this and in any future case, which they alledge would be iufiioged by this Measure, as they take it for granted, that these Men would not be remanded for Tryal to the County where the Fact was committed, but the whole Process carried through at Philadelphia, and these Opinions and uneasiness I understand, are founded chiefly on the Judgment of some Person supposed to be learned in the Law, so that on the whole, we have not had it in our Power to do otherwise than we have done, without a manifest Risque of complicated Evil, as wijl more fully appear by the Letter now sent the Chief Justice; The Sentiments of the Magistrates expressed in that Let- ter, as they respect the Safety of the Prisoners here, and desire of the People that Justice may be distributed to them, I think you may fully rely on, and also upon any thing in our Power to do in aiding the Sheriff, should the sending down of these unhappy men be thought indispensible ; I have not rested from this affair since last Saturday at one O'Clock, and ought now to have been in Town had not these Troubles arose. "J. A." UQ MINUTES OF THE At a Council held at Philadelphia^ on Wednesday 3d February, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Richard Peters, Benjamin Chew, > -p William Logan, James Tilghman, 3 ' ^ The Letter from John Armstrong, Escpire, of the 24th Ultimo, was read, and the Governor, by the advice of the Board, returned the following Answer thereto, which was immediately dispatched, with the Letters wrote yesterday to the Sheriffs, by an Express : '' Philadelphia, 3d February, 1768. " Sir : " The moment I received your Letters of the 24th and 28th Ultimo, I was sending off an Express to your Sheriff, with positive Orders to bring the Bodies of Frederick Stump and his servant, Ironcutter, to the Verge of your County, and deliver them to the Sheriff' of Lancaster, that they may be conveyed forthwith, agreea- ble to the Chief Justice's Warrant, to this City for Examination. I find no reason, from your Letter, to countermand the above Order, and therefore expect that absolute Obedience be paid to it. Time will not, at present, admit of my saying more on this Occa- sion, than that I am astonished at the impertinent insolence of those who have taken upon them to Suggest or even to suppose that the Government or Judges intended to do so illegal an Act as to Try the Prisoners in any other County or place than where the Fact was committed ; and that, if the inferior Officers of Government are with Liipuuity suffered to controul or counteract the Proceedings of their Superiors, there will not only be an end of all Subordination and Order, but of Government itself. '* I am. Sir, your most Obedient, " humble Servant, " JOHN PENN. ''To John Armstrong, Esquire, at Carlisle." The Bill for the relief of the Poor, with the Assembly's Answer to the Governor's Amendments, were considered, and the Secretary directed to return the Bill to the House, with the following Reply, viz'- : " The Governor adheres to his 11th, 12th, 15th, & 16th Amend- ments." The Bill entituled " An Act to continue An Act entituled ' Aa Act for laying a Duty on Negroe and Mulatto Slaves imported into this Province,' " was read, and the Board having no Objection thereto, it was ordered to be returned to the House with the Gov- ernor's Assent. PROVINCIAL COUNCIL. 447 The Governor laid before the Board a Message he received last Night from the Assembly, which was read, and is as follows, viz' : A Message to the Governor from the AssembJi/. " May it please your Honour: *' We are obliged to you for laying before the House the Accounts you have received relating to the unprovoked Massacre of the In- dians on Middle Creek. The Intelligence you have given us of the Murderers being apprehended, affords us great Satisfaction, but we cannot help being surprized at the Rash and insolent Conduct of some of the inferiour magistrates in Cumberland, (which appears from their own Letters), in Combining to disobey the King's Pro- cess. Instead of permitting the Sheriif to bring down the Offenders to this City, as by the Warrant expressly commanded, they have presumed to commit them to Carlisle Gaol, and thereby prevented his obeying the Precept. " No motives whatever, we conceive, can Justify or Countenance those Gentlemen in not only thus Superceding the Process of the chief Justice, but acting in open Contempt of your Orders. We, therefore, think it our duty to press your Honour to take the most effectual Measures to enforce an immediate and punctual Obedience to the King's Writ, and to call the Magistrates to account for their extraordinary behaviour, and should they be incapable of giving you Satisfaction in that Point, to remove them from their Offices. Nor do we think the Neglect of Duty in the Sheriff and Coroner of the County, should pass unnoticed, for should such a daring Insult on the Powers of Government be permitted, by those who ought to support them, to go unpunished, or at least unaccounted for, it can- not fail in the end to involve the Province in confusion, and Sub- vert all order and Authority. "Signed by Order of the House, ''JOSEPH GALLOWAY, Speaker. "February 2d, 1768. The Bill entituled "An Act for ineorporatin'g the Society known by the name and Stile of the Philadelphia Contributionship for the Insuring Houses, &c''" was then read and agreed to, and returned to the Assembly with the Governor's Assent. Then was read the Bill entituled " An Act for raising by way of Lottery, the Sum of £5,2;. 0, for the purchasing a public Landing; &c*'" which was referred to a future Consideration. 448 MINUTES OF THE Council Chamber, 1 o' Clock, P. M. A Committee of two Mem.bers of Assembly having this forenoon waited on the Governor with a Message from the House, requesting His Honour would be pleased to appoint a time for passing the Bill for removing the People settled on the Indian Lands, and his Hon- our having appointed to receive the House for that purpose, at this Hour, sent them a Message by the Secretary, requiring their attend- ance in the Council Chamber. The House accordingly attended, and the Speaker presented to the Governor the Bill entituled " An Act to remove the Persons now Settled, and to prevent others from Settling on any Lauds in this Province not purchased of the Indians," which His Honour enacted into a Law, and appointed a member of Council to accom- pany a Member of the House to see the Seal affixed thereto, aud to deposit the Law in the Rolls Office. Eodem die, 2 o'CIock, P. M. An Express arrived with Letters to the Governor from Edward Shippen and John Armstrong, Esquires, with the disagreeable Ac- count of the Rescue of Frederick Stump and his Servant, out of the Gaol at Carlisle on the 29th Ultimo, by a party of Armed Men. His Honour immediately sent the said Letters to the Assembly for their perusal, the latter of which was ordered to be entered upon the Minutes of Council, and is as follows, viz'': A Letter to the Governor frovi John Armstrong . " Carlisle, 29th January, 1768. <' Honoured Sir : " In this Perturbation of Mind, I cannot write, but in real dis- tress, only inform your Honour that we are deceived and disgraced at once ; for about ten o'CIock this Morning, to the Number of Seventy or Eighty Men, under Arms, surrounded our Gaol, when a Number of them, unknown to the Magistrates, I must say, ap- pears to have had but too ready entrance into the Dungeon, and in less than ten Minutes time they carried off Stump and his Servant, in open Triumph, and violation of the Law. " The few magistrates that were present, Messieurs Miller, Lyon, and myself, have, I hope, obviously enough done our Duty, but whilst we were engaged at the Prison Door exerting ourselves both by Force and Argument, a Party, utterly without our knowledge, was in the Dungeon, of which we were not acquainted either by the Jaylor or any other Person, who, before we were Aware, had the Prisoners in the open Street, where we were unable to make farther opposition, and gone in less than a Second. FEGVINCIAL COUNCIL. 44S '■'Thf; Jaylor says tlia-t a Pistol was held at kis Breast, and this is all we can at present say of that Circumstance. '' These Rioters give as Reasons Of their^onduct, that' the Pri- soners were to be carried to Philadelphia lor Tryal; thai a number of White Men have been killed by the ledians since the Peace, and the Indians have not been brought to Justice, &e'' &c^ "At preseEt we know not what Step to take for the best, and beg to be favoured with your Ploneur's-fiirther Instructions. " I have wrote in the presence of the two Magistrates m'entiiDtied above, and aia " Yi3ur HoEGur'e most obedient humble Servant, " J Esquire^^ LSeiitonant Gove^aor^. &ca. The Hono«.ra.Me James Hamiltoa, Eisquire. William Lcgan^ Hieiiard Peca, > -^ EenjaminChew, James Tilghman, y ^ Mr. Janjes Cuntiing'liaHi from' Carlble Ibeicg aenit for by Gtder of" it e Go Tern or, appeared at die Board, and was immediately examined^ with regard to what be knew coaceraing tlie Kesc^ie of F?eaenck Stump and John' Ironeutter fram the Saol at Sarliale;. and his De- position T/as takea and la as follows r "The Deposition of Ja>mes Cunninghars, of Lancaster Count'y^ eonecrning the Rescue of Frederick StMcp & Job.n. Ironcatter, hom Ahe Gaol at Ca/vlisle. " JamePj Canningbarn, of Lancaster Sountj, Farraer^. bein'^r Sworn on the Holy Evangelisi:s of Almighty God, deposeth and sajtb, t'Aat OBi Friday the Twent^y-NJiit^ day of January last;, about Nine or Ten o' Clock in the Forenoon, as he was sitting 9.t &-eal.frjSt -with John Arn^stcong, Esa,ulre, ia the Town of Carlisle^ in the County oi* Cacaberland; he was surpnized to see a a^mber of" Armed' Men surrounding on a sudden the publis Gaol in the saidi Town; the He and the said John Armstrong, appreliending that the- said Coiapany were Gome with an Intention to Rescue fronr the said. Gaol a certain Fredeiiek 8tmnp and John Ironeutte?, who' were con- fined there for the Marder of a namber of Indians, they both In- staatly Ran to the said G^aol ia osd'er Jo pre vent if possible the ezecu- tion of so ^'/icked and illegal a Design. That when, they got up tO' the Gaol,, the said Jahn Armstrong made his way tbroitgh a numhsr of Armed Men^ who stood before the Door of the said G-iol, which was open, i^nd Guarded by four Men, who stood within tii? Door witb Arms in their Hands : that the sajid Armstrong and John Holmes, high SheriiTof the said Ceuntyp. both attempted to go iato- the I>oor_y of the Gaol, but were several times pushed back and pre- yeniedj that as tfeie sttid John Armstrong stood on tlhe Steps under the Door be addressed' hiimsslf frequently to the AiimesJ Corapany "Tybo were about him, aod i:sed ssauy argymests- to persuade them- to ilesisi frojH their Lawless randertakjngj. and told tbejM, among olber thiags^ tltot they were p.bomt to do an Aet •wbieh would sub- ject thcui'&elves and Iheii Country ijo Mise?y, That while ths said Armstrong was spealsing, ^his Deponent saw one of the Armed men •take hold of bim and draw him down 'lihe said Steps, upon which the said Amaastrong by Tiolence pushed back tliie Person who had fbfsM of hiiiij aod sggaiaed his Staad oa tha said Stejis, saying at th*- PROVINCIAL COWNCIL. 45^1 same time, tliat they should take his Lifo before thej should rescue the Prisoners. This Deponent further saith, that while the said John Armstrong, and Robert Miller and William Lyon, Esquire, and the Reverend John Steel, who had joined the said Armstrong, were endeavoring to disperse the said Company, several other Arm- ed Men appeared within side the sai^ Gaol, to the very great sur- prize of every one, with the two Prisoners above mentioned in their Possession, whom they brought forward, and after pushiug the said Armstrong, Miller, Lyons, Steel, Holmes, and this Deponent, by Violence, and crowding from before the said Gaol Door, carried them off with Shouts and Rejoicing, and immediately left the Town. — This Deponent further saith that he cannot with certainty declare what numbers were in the Company which made the said Rescue, but that from the best Judgment he could form, they were Seventy or Eighty, all Armed with Guns and some Tomahocks. This Deponent further saith on his solemn Oath, that he does not know, nor has any Personal knowledge of any one of the Persons he saw in the said Armed Company concerned in the said Rescue, and that after the said Company had left the Town, the Reverend Mr. Steel came to the said John Armstrong and William Lyons and John Holmes, and informed them that the said Rescuers desired they would come to and confer with them at the Plantation of John Davis, to come to some Terms with them. That the said three last mentioned Per- sons immediately mounted their Horses and went towards the said Davis's, but informed this Deponent on their Return, that the said Company had altered their Resolution and had gone on without waiting for them, and further saith not. "JAMES CUNNINGHAM." "Taken and Sworn before the Governor and Council at Phila- delphia, before me, Recorder of the City, February the 4th, 1768. "BENJAMIN CHEW, Recorder." The Council took this important Matter into their most serious Consideration, and advised the Governor to send immediate Instruc- tions to John Armstrong, Esquire, and the other Magistrates of Cumberland County, with regard to the measures most expedient to be pursued by them on this interesting occasion, for regaining the Prisoners that have been rescued, and bringing them and the Rioters to Justice. Accordingly a Letter of Instructions, agreeable to the Sentiments of the Board, was drawn at the Table, and dispatched by ExpreSii to Carlisle, which Letter follows in these words, viz'- : J2 Letter from the Governor to John Armstrong, Esquire. " Philadelphia, 4th February, 1768. " Sir : " The information given in yours of the 29th Ultimo, of the Rescue of Frederick Stump and his Servant, gives me the greatest 452 MINUTES OF THE concern, and is truly Alarming. Perhaps, if the Magistracy of your County had not indiscreetly (to say no more) interposed when the Sheritr was ready to proceed with the Prisoners to Philadelphia, this event, so full of mischievous Consequences, had not happened. However, since Matters have j|0 unluckily fallen out, the best is to he done which the Exigency of the Case requires, and the most probable methods of regaining the Custody of the Prisoners, are now to be pursued. If the People who have gone into this rash and wicked St(;p, were actuated by the Principles they professed, of preserving their llights rather than those of screening the Prisoners from the hands of Justice, they will certainly be ready to deliver them up, when they can be satisfied that they will receive their Tryals in the County where the Offences were committed. You will therefore, in the first place, try the expedient of assuring these People (if it can be known who they are) that the Government never entertained the least thought of so illegal an Act as trying them out of the proper County, and that they were ordered down to Philadelphia that the Chief Justice himself might have the Examination of them in a mat- ter of such Consequence, and that they might there be out of the Ueach of any attempts to rescue them, which their Friends or Abettors might be disposed to make, till the Time of their Trial. If, upon this assurance, they will retake the Prisoners or deliver them up, it will go a good way towards convincing me and all others, that they, upon a mistaken Notion, took this exceeding Rash, tho' most unwarrantable step, to prevent an Invasion of their Eights. If this measure should fail of the desired effect, and these People should persist in refusing to deliver up the Prisoners, or if they have already permitted their Escape, you are, after waiting a reas- onable time for the Results, to proceed immediately in the most active and vigorous manner, as well for apprehending the Prisonera who have been rescued as to procure Testimony on which to found legal Charges against the Rioters, (many of whom, it is more than probable, you and those other Magistrates who were present with you and were Witnesses of the whole Transaction personally knew), for this most daring Insult upon the Laws of the Country ; and with the Assistance of the other Magistrates, you are to call before you all such Witnesses as you may think can give any Information of the np.mes of the Hioters, and to take their Examinations, and to issue Warrants for apprehending and securing them, and upon every Occasion which you may think requires it, you are to dispatch Expresses informing me of any material Occurrence, that I may take the measures which I may think necessary; And particularly, you are to dispatch an Express immediately with the answer which the Rioters may give to the Assurance which you are above in- structed to make them. I must press you and the other Magis- trates, in the most earnest manner, that upon this important Occa- sion, you exert the utmost Assiduity, Vigour and Activity in your Power, least a failure of Success in our Endeavours to bring the PROVINCIAL COUNCIL. 453 Prisoners to Justice, should involve the Frontier Inhabitants in the dreadful Eifocts of an Indian War. '* I am, Sir, " Your most Obedient '< humble Servant, '^ JOHN PENN. " To John Armstrong, Esquire, at Carlisle." The Lottery Bill vras again considered and referred to a future Consideration. The Secretary presented to the Board a Letter which ha received from Captain William Patterson, acquainting him with his appre- hending Frederick Stump and John Ironcutter, and delivering them to the Sherijff of Cumberland, and inclosing a Message he had sent to the Indians at the great Island, which were ordered to be en- tered on the Minutes of Council, and are as follow, viz'- : •5 Letter from Captain William Patterson to the Secretary/. Carlisle, 23d January, 1768. " Dear Sir : "The 21st instant I marched a Party of nineteen Men to George •Gabriel's House at Penn's Creek's mouth, and made Prisoners Frederick Stump, and John Ironcutter, who were suspected to have murdered Ten of our Friend Indians near Fort Augusta, and I have this Day delivered them to Mr. Holmes at Carlisle G-aol. "Yesterday I sent a person to the Great Island, that understands the Indian Language, with a Talk, a Copy of which is inclosed. Myself and Party were exposed to great Danger by the desperate Resistance made by Stump and his Friends, who sidnd with him. The steps I have taken, I flatter myself, will not be disapproved of by the Gentlemen in Government, my sole View being directed to the Service of the Frontiers, before I heard his Honour the Governor's Orders ; The Message I have sent to the Indians, I hope will not be deemed assuming any Authority of my own, as you are very sensible I am no stranger to the Indians and their Customs. " I am, with Respect, " Your most Obedient humble Servant " W. PATTERSON. "Joseph Shippen, Esquire." Here follows the Talk sent by Captain William Patterson to the Indians at the Great Island : " Brothers of the Six Nations, Delawares, and other Inhabit mts of the West Branch of Susquehanna, hear what I have to say to you : 454 MINUTES OF THE " With a heart swelled with Grief, I have to iaform you that I''rederi(-k Stump and John Ironcutter have unadvisedly murdered Ten of our Friend Indians near Fort Augusta; The Inhabitants of Pennsylvania do disapprove of the said Stump and Ironcutter's Conduct, and as proof thereof, I have taken them Prisoners, and will deliver them into the Custody of Officers that will keep them Ironed in Prison for Trial, and I make no doubt as many of them as are guilty will be condemned and die for the Offence. " Brothers : " I being truly sensible of the Injury done you, I only add these few Words with my Heart's wish, that you may not rashly let go the fast hold of our Chain of Friendship, for the ill conduct of one of our bad men. Believe me, Brothers, we English-Men con- tinue the Same Love for you that hath usually subsisted between our Grandfathers, and I desire you to call at Fort Augusta to Trade with our People there for the necessaries you stand in need of. I pledge you my word that no White man there shall molest any of you, whilst you behave as Friends. I shall not Best by night or Day untill I receive your Answer. " Your Friend and Brother, "W. PATTERSON. "Juniata, January 22d, 1708.'^ Friday 5th February, 17G8, A. M. MEMORANDUM. A Committee of two Members of Assembly waited on the Gov- ernor and delivered him the following written Message, and at the same time acquainted him that the House requested His Honour would again let them have the Perusal of Colonel Armstrong's last Letter, which was accordingly sent to them. ./? Message to the Governor from the Assemlli^. "May it please your Honour: •' 'rhe first Intelligence received by this House of the Persons settling on the Indian Lands within the Bounds of this Province, was communicated in your Message of January the 5th, and his Excellency General Gage's Letter. The Removal of these obstinate People, who have violated the Faith of Treaties and dis- regarded His Majesty's Proclamation, appeared to us so absolutely necessary to the Safety of the Colony, that we Complied with all possible dispatch with the Measures recommended by the General for that Purpose, and we are pleased this part of our Conduct has met with your approbation ; but at the same time, it gives us much Concern to find that, in another Respect, we do not seem to have been so fortunate. PaOVf NG'IAL COUNCIL. '&5i '"'"Frwi. gocd lafernaafciou V7e wore convioijed tli&t fcte Wr^aroug 5fass:icre coiEBiitted oa the Indians at Cojaesiogo and Laoeaster, vivas one of the Cavses of tbe lEdiaa diseoatent. To remove wfeicli, ^cy satdsfying the Natives of the Justice of tJie Go^zerameat, aud t® >su.pf:or£ that Authority v/hich ctn aloEe ensure Safety to the Peojole,; hj deterriag the Wicked from the Perpetration of the like heinous (Qffervcee, we ititreated your RouoTir '^ that diligent a,ud speedj^ In- •qtisitJOE should be Eiade after the Atpocicus Gffeuders.' la An- i^wer to whick, you are pleased 'to tell us that in your Station joix 'Coneeiva Eothing aiore eaa be done witkw.t doing &u Aet of Violence to the ConGtitution, v?hich coiaciite the immediate Admialstntfoa -of /uities te tke Mpgistracy-' We well knew that the iaiii5.ediate Admiuistration of Justice by the Coestitutioa is veffcedm the Ma- gifitracj', and ws assure your Konoar that you are not mistakea in jhinking ' that we are the las':'} Persous who would advise you ta extend your Power in any Case beyond the Bot-nds preeeribed 'by Law.' But, vzhile Y:e wish aifeGt fsiilure of Justice some- op? here. .Frem whence can it arise? Not from the Laws. They a,re ad-aqEate to the Ofence. It.miist then be either from a Dclxlitj 'Zr ieexcesable neglect in .the EEecctive part of Government te put .those Laws in esscutioa. And we hope your HoEour will escuse (US when we say that it is the .peeuliar Jp'roYisce of a Eule?, an<£ without * ¥iolecce to ^tte Ccnstitution,"' he isay aed ought to super- intend tlKJ AdoiinietratioE of the Laws, so far at least as to see that «the Magistracy faithfully dischaiTge their Euty, a.nd t/3 reuaove Ifoose who a/PC neglectful thereof. '' lliit you are pleased to tell i:s that ^yoi-. did acre lose & Elements 'Time in Writing to the Magistrates of Lancaster, York, and Cuni- berlaiad, cemniandicg tteui to iise their uci£Ost Endeavours to dis- Acover and apprehend thf Offenders ; and by yeur Proelamation high. Rewards were offered to those who should make such Dicceveries.' ■'Thue much wet elieve was done, and noip.ore. But, were Eot those Letters altogether disregarded, and your Proelareation treated witt the utnaost contempt.'^ For, did eien those Magistratec who resi- ded in the Be>rough at that Time, issue a Subpoena, or send for a Persoc among the numerous Spectators, t3 give informaticn-of tke'Ot fenders.? Was the Sheriff, then dwelling in the Borough, and whose particular Duty shou'd have led hini to have given Opposition to the iorrid Act, orihe Wori-house Keeper, under whose care the uniisppj ■ 45B . MINUTES OF THS Tietims were placed: 'by the Magistrates, ever exarained, or ealle^ on to discover them ? Or has an Inq-dest been held on the BodieS;^ ®r t^e least Judicial Enquiry made by the Coroner into the GausCj, or after the AiitboTS of this unfortunate Catastrophe ? And, al- though there was a Number of Hia Majesty's Troops Qiiartcred in the Borough at this very Tirae;, ready to lend their Assistaace, did the Officers of Justice call oii them to give their Aid in protecting ihe miserable Safferers ? Under these Circara stances^ caa it ap- peivr possible tO' a yatioaal Mind, if the Magistrates had eaerted their Authority when the OiTeneewas Committed, or at any Time- since, that the Perpetrators of so flagsan^ a Crime, in so public a MsBser, cu''d remain ucdiseoye^fed, and Elude the Efforts of Jus- tice ? "Your Ilon&ur adds, ' that every Measure Tvas taken; by yon on . that Melancholy occasion -which the Law would Warrant/ You wrote Letters, indee-d, and issued a Prociamatie'n ; but, vre appre- Isend, on an Occasion so Interesting to the Public Safety and Ptcpu- tation of the Government, more might, and ought to have been d'oae. The Assembly;, then Sitting, requested that you would ' or- der the Sherifi", Coroner, and Magistiates of the Borough to eome down and give you the best Information that could be obtained of the Persons concerned in these violences/ Were those OSsers ever called on ts give you the ' Information,' or 2o Account for their indolent Conduct ? If they were, did they ever assign good and sufficient Reasons in their Justification ? And if they did not, should not they have been iraajediately removed froEu those places of publi&k Trust which they have so greatly abused, and laore worthy MeQ placed in their Stations ? Thus far, at least, the ' Law' would have ' warranted' your Conduct, nor would you have bceo justly chargeable with not having performed yo'ur IXity, or ' doing an Act of Violence to the Constitution/ "We lament with your HonOiir, 'tha.t the Measures 3i'ou pu?sue(J to djficover the Otfeiiders were not attended with Success ;' but we cannot think that it was owing so mueh to a want of 'Yirtwe or Resolution^ in the People, as to a Neglect of Duty in the Officers of Government. Many motives might induce the former to be ia- aetive, and very probably the uaparalleled laaetivity of the Magis- trates was not the least ; But nothing ou^ht or can vindicate the • latter, who were under the mosi solemn Obligations for the Fisr- formnnce of their Trust, "Your Hor.-our is pleased farther to ol>3erv8, that ' th& Orders you then gave, and the Rewards oifered, were not Mrdited ts any Time, but still carry with thera the sanie Obligations and Inducements they ever had/ The Contempt with which your Prochuiations were treated, without the least Notice taken of that Treatment, and the unpardonable Disobe^Jience in the Magistracy to those Orders ever since, convince us of the Truth of your Assertion, and yet could we be so iiappy as to persuade you to exert your Po"S7er and In- PROVINCIAL COUNCIL. 457 fluence with the Magistracy, who hold their Commissions during your Pleasure, by commanding them to send for and examine the Witnesses who were present at the bloody Scene, and at the same Time inform them that nothing less than a faithful discharge of their Duty should skreen them from your Resentment, and secure to them a continuance in their Offices; and moreover, to renew your Proclamation, oiFering a generous Reward of not less than Five Hundred Pounds to the Informers, which this House will most chearfully enable you to pay, and assure them of your Protection, we have not the least Doubt but that those Murderers will be dis- covered and apprehended. " We trust your Honour will not think us too importunate iu this momentous Affair, in which we conceive the future safety of the People and the Honour of the Government are most intimately concerned, for you will be pleased to consider of how much Con- sequence to both it is that the Authors of Crimes of so black a dye should be strictly punished. It is in all Probability owing to the Encouragement arising from the Impunity with which these Crimi- nals have been permitted to escape, that the subsequent Murders in this Province have been committed. Had exemplary Punish- ment been inflicted on the Offenders in the first Instance, it is more than probable that the Transgressors in the second would have been deterred from the Perpetration of the like Offences. But, should Men who bid Defiance to the executive Powers of Govern- ment, and so audaciously trampled on its Authority, be allowed to remain in the Province longer, unpunished. We are very appre- hensive that the Persons of the Inhabitants will not be safe frona their violent Attempts, the Transition being easy from the Murder of Indians under the Protection of the Government, to the Murder of the Subject; nor will the Colony be secured from the Calami- tics attending a War with the Natives, occasioned by these repeated Insults offered to the Persons of their People. Besides, it is undoubtedly the soundest Policy to do Justice to the Indians, without which the Government can never, with any Propriety, demand a Satisfaction from them for the Murders we have reason to believe they have lately committed on several of our People ; it therefore behooves the Government to exert itself in a Matter so interesting to the Province, and having done that Right to the Indians which they expect from us, we request your Honour would take the necessary Steps to obtain the like Justice from them for the Outrages they have committed in violation of the Treaties of Friendship subsisting between us. '< We are obliged to the Governor for his Intention ' to take the earliest Opportunity of communicating our Sentiments to his Ex- cellency General Gage and Sir William Johnson,' relative to the Boundary, but at the same time, we beg leave to assure you that we never entertained the least Thought that it was 'owing to those wor- thy Gentlemen, that this Cause of Complaint and Uneasiness m the 458 MINUTES OF THE ladians has not been long ago removed.' And we hope there is nothiug iu our Message that could give you any Reason to sus- pect it. On the contrary, the steady and uniform Attention ever discovered by them to the Peace and Safety of the Colonies, con- vince us that nothing in their Power has been or will be wanting to remove every Foundation of Indian Discontent. ''Signed by Order of the House, " JOSEPH GALLOWAY, Speaker. " February 5th, 1768." Eodem die, P. M. Two Members of Assembly presented to the Governor a written Message from the House, in the following Words, viz*' : A Message to the Governor from the Assemhli/. " May it please your Honour : " We have taken into our Consideration the Letters laid before us, giving an Account of the Rescue of Frederick Stump and his Servant from the Goal of Cumberland County, who were appre- hended for the Murder of the Indians on Middle Creek. This further audacious Insult on the Authority of the Government, can- not but eifect us with the deepest Concern, as it increases the melancholy Prospect of future Insecurity to the Lives and Estates of the People of this Province. " In order, therefore, to our immediate Deliberation on this im- portant Suliject, we request your Honour would be pleased to com- municate to us the Steps you have taken in Consequence of these lawless and riotous Proceedings ; And we assure your Honour, no Aid in the Power of this branch of the Legislature shall be want- ing to enable you to execute the Laws, and restore the sinking Authority of the Government. " Signed by order of the House. " JOSEPH GALLOWAY, S2^eaker. « February 5th, 1768." PROVINCIAL COUNCIL. 459 At a Council held at Philadelphia, on Monday 8 February, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c*- James Hamilton, Lynford Lardner, ") William Logan, Richard Peun, ^Esquires. Benjamin Chew, James Tilghman, ) The Consideration of the Lottery Bill was resumed, and the Board advised the Governor to amend the same by Naming two Persons as Managers, in Addition to those mentioned in the Bill, as well to preserve his right of a share in the Nomination of Officers appointed by Law, as because it was judged that the Number of Managers Named in the Bill is too small. The said Amendment was accordingly made by inserting the Names of John Gibson and Thomas Bond, Junior, and ordered to be sent to the House with the Bill. The Assembly's first Message of the 5th Instant, was then read and taken into Consideration, and a Draught of an Answer thereto having been prepared, was laid before the Board, which, after some Alterations, was approved, and ordered to be transcribed, and carried to the House. The said Message follows in these words, viz'- ; A Message from tJie Governor to the Assembly. "Gentlemen : " From a Sense of the great Inconvenience attending Differences between the Branches of a Legislative Body, I have, ever since I had the Honour to preside in this Government, carefully avoided doing any thing to interrupt a good LTnderstanding with the As- semblies of this Province; And it is not without great Concern, Gentlemen, I am now reduced to the Necessity of telling you, that the Strain of your Message of the 5th Instant is not only indecent and unbecoming, but indicates a spirit prevailing among you very ill suited to the present critical Situation of our public Affairs, which particularly demands Unanimity in our Councils, and the joint Exercise of the greatest Wisdom and Prudence. "The averting an Indian War, and the sad Effects of it, were agreed to be our Piiucipal Object at the opening of this Session. I laid before you the Causes of Indian Discontents, communicated to me by Letters from His Excellency General Gage and Sir Wil- liam Johnson, in order that adequate legal Remedies might be applied to remove them. " The two only Causes of Complaint I find mentioned in these Letters, are the Intrusion of our l^eople ou the Indian Lands, * not 460 MINUTES OF THE only without their Consent, but in Contradiction to their warmest Remonstrances, and the Endeavours that have been used to remove them, and the Insults and Hostile Acts they have received from the Frontier People, chiefly from those of Virginia.' Yet not content with the Causes pointed out by those Gentlemen, who are certainly best acquainted with Indian Affairs, you proceeded, it seems, to in- vestigate others. I would charitably hope that these Inquiries were not taken up, rather with a View to distract our Councils than to remove the present Causes of Indian Dissatisfactions. ''The murder of the Indians at Lancaster, in the Year 1763, (of which no Man has a greater Detestation than myself) was iusisted on in your Message of the 13th of January as one of the principal Causes of the present Discontent among the Indians. I must confess I am at a loss to conjecture on what Intelligouce you found your Opinion in this particular, but this I well know, that the six Nations, upon Sir William Johnson's laying before and explaining to them this Affair at my Eequest in the Year 1764, were so far satisfyed, that they received Belts from him on the occasion, and suffered him to cover the Graves of their deceased Brethren accor- ding to their Custom, since which I have never heard that they have expressed any Dissatisfaction to him on that Account; Ta- king it for granted, however, that this is one Cause of Indian complaint, you go on in your Message to advise my ordering speedy and dili- gent Inquisition to be made after those Murderers, from an opinion that the present Tranquility of the Province afforded a more fa- vourable opportunity of discovering and bringing tbera to Justice than the Tumultuous State of it at the Time of the Transaction ; Before I could answer that Message I received the Melancholy Ti- dings of the murder of the Indians on Middle Creek, committed by Frederick Stump and his Servant, the 10th of January ; This last inhuman Butchery, perpetrated at a Time when the minds of the Indians were already inflamed with the Injuries complained of in the above Letters, appeared very likely to be attended with immediate Acts of Hostility on their part ; My Duty, therefore, required that I should give that speedy and close attention to this unhappy Case which so important a matter demanded, to avert, if possible, the impend- ing Mischief; and I contented myself with returning a short An- swer to your first Message, letting you know in general what steps I had taken to discover and bring to Justice those who "had been concerned in the Lancaster Murders. The late audacious Rescue of Stump and his Servant, has involved us in new difficulties and Distress. Yet, in the midst of my Solicitude on these interesting Matters, and whilst I am earnestly engaged in taking the best mea- sures my own judgment or that of my Council can suggest, to ex- tricate the Public from these accumulated Evils, and to regain the Prisoners, which is most certainly the first Object and principal Concern, I am, it seems, called upon by you, in a Manner the most extraordinary, to vindicate myself; and as it were, arraigned PROVINCIAL COUNCIL. 461 by you for neglecting the Duties of my Station, reliitive to the Murders committed upwards of four Years ago, And you again press upon ma Ihe issuing new Proclamations, offering higher rewards for apprehending the Authors of them. This Conduct of yours in my Opinion, Gentlemen, is not less un- kind and indecent towards me, than imprudent with respect to our present Pursuit, for Reasons which must occur to you on cool and dispassionate reflection, though they are such as are altogether im- proper to be made public at this particular Juncture. From Mo- tives founded on the Public good, I was induced to defer the giving you an immediate Answer to the Requisition made with re- gard to the Renewal of Inquiries after the Perpetrators of the Lan- caster Murder, and indeed to Postpone at last the Consideration of that Matter to a more proper Season. " Should ivbat I have said remove any Prejudices you may too precipitately have taken up against me in the Course of this Ses- sions, it v;ill give me Pleasure. Be that as it may, Gentlemen, I shall have that satisfaction which attends every man conscious of his own Integrity and good Intentions. I shall be glad of your Advice and Assistance vrhenever the Public Interest and the Exi- gency of Aft'airs require it, but at the same time I shall expect that you will not dictate to mo iu Matters which relate to the Ex- ecutive Powers of Government. "JOHN PENN. "February 8th, 1768." A Committee of two Members of Assembly presented to the Governor a Bill sent up by the House for his Concurrence, enti- tuled "An xlct for appropriating a Sum of Money for building the Middle House on the West side of the Barracks, in the Northern Liberties of the City of Philadelphia," which was read, and there being no Objection made to it, was ordered to be returned to the House with the Governor's Assent. The Governor, agreeable to the Request of the Assembly, made in their Message of the 5th Instant, directed the Secretary to make out Copies of his Letters of the 2d Instant, to the Sheriffs of Cum- berland, Lancaster, and Chester, and of the 3d and 4th Instants to John Armstrong, Esquire, containing the Steps he had thought ex- pedient to be pursued for the Regaining the Possession of Stump and Ironcutter, and to lay the same before the Assembly for their Perusal. Thursday 11th of February, 6 o'Clock, P. M. An Express returned from Carlisle with Letters to the Governor from Joha Armstrong, Esquire, and Mr. Holmes^, the Sheriff of :SS OP IHE Sijcssf^ M J I Ss«r yrrt ia£ roa recsj-rred ax 1^ iiTr ii?f^. :. resent Cougress, and I have said enough to convince any sensibl People of the Purity of our Intentions, as you may all justly cr iiclude, that a Nation, so great and Powerful as the English are, wm 11 take very different measures if they designed to deprive you of tour Liberty. I have shewn you what His 5lajesty intends to do lor your future Security, and I have likewise shewn you the Bteps tak ;n by Pennsylvania for your Satisfaction and redress. Let ill this ii:ake a deep Impression on your Minds, and wait the Issue of these Measures with a Confidence in our Justice. A Bo,.. " Bretheren : "Before we part I have only a few things more to say to you, First to put away all guile from your Hearts, and never to think of PROVINCIAL COUNCIL. 503 any l^ad things which are past,but to expect the G-ood which is near at hand; and I exhort you as you love your own happiness, to har- bour no farther resentment against his Majesty's Subjects in gene- ral, or any one Province in particular; for they are all Members of the same Body, and therefore, you should send agreeable News to all your People,acquainting them with the good work now conclud- ed, and if after all any prove discontented or about to disturb the Public Tranquility, you should take them by the Head as you re- commended us to do with ours. The next thing which I have to desire is, that you wiH make the Treaty of Peace you have entered into with the Cherokees as public as possible, as far as your influ- ence extends; cautieaing them Nations against doing any thing ia violation of it, as they regard their own Peace, that, you will often repeat this to your Young Men and to your Children, and that some of you will accompany the Cherokee Deputies and make the road ■wide and safe for Travelling, and also, as a farther Testimonial of what you h:ive agreed to, that you subscribe to the same on these Parchments, one of which, together with the Cherokees Belt and Eagles Tailj will remain here ar_d the other be sent to Mr. Stewart in Carolina, to be seen by all Nations. A Belt. The Treaty being S'^bscribed to, Sir Willi&m addressed the Sir Nations, &e. " Brethren : " I hope all is finisiied between ue for the present; there OQly re- mains for you to receive this Portion of his Majesty's Bounty to keep you warm as you travel in Cold Weather. Shewed the Present on behalf of the Crown^ and on the other side that of Pennsylvania, and proceeded: " Here is also the Present on behalf of Pennsylvania to the Friends of those who are Dead, to remove their Grief and prove a Testimony of their Love for you all, which. I expect will cover all that is p; St. You that aie of the same Blood shall take it to wipe .away their Tears that was Shed, and so let all be forgotten. Delivered the Presents and told them, he had finished the Busi- ness of the Meeting. TbereupoQ, -the Speaker for t'hc Indians arose aud said : •''Brother: '* We have heard all you said to us, which we shall take isto our ^onsiderarioE, and judge it neees-?ary to give you an answer there- ■upon to-morrow. We at present express our thanks to the G-reat King, and to our Brothers of Pennsylvania for their Sense of our Wants by giving us such a Present at this Time to dry up our Tears." 504 MmUTES OF THE Friday, 11th, P. M. The Six Nations, Coghnaivagey Confederacy, and the Cherokee- -Deputy's, Assembled io the Council room.. Thomas King, Speaker. •" Brother Gorah Warraghiyagey, " You yesterday approved of the Peace we hare now raade with the Cherokees, and recommend it to us to keep it inviolably, as it would be for our and their Interest. You likewise told us, it would be agreeable to his Majesty to have Peace established, and con- tinued throughout this Continent. ^'Brother: " You may depend upon it, that the Peace we have now made with the Cherokees is sincere, and we request that the great Spirit may direct and enable us to keep it inviolable, for we look upon thena now as the same Flesh, Blood and Head, and hope we shall ever remain so; lastly, we are to assure you that what we have now done, being agreeable to you, affords us the greatest satisfac- tion." A Belt. After repeating what was said Yesterday, coDcerniag the m«rders committed in Pensilvania, the Speaker said '' Brother Gorah Warraghiyagey, " We heard with the utmost attention what you said to us yes- terday, atjd we thaak you for reminding us of our Old Customs^ that whenever any of us were aggrieved we should not immediately takfi revenge,^ but endeavor first to obtain Justice from those who- had been guilty of the Injury. " Brother^ " We are disposed from what you hare said, so to do, and we will put it fr023 our Miads, but we tell you^ sincerely that we expect Justice acd redress of our grievances when we are injure^l, and when we do not receive it, our Minds must get disturbed, and lead us So do Wild Things, which we have not yet done. The people who were killed to the Southward, and on Ohio, having fallen by ihe Hands of the Indians of Lake Huron ; as you know these In- dians confess this is the Truth, it tomes frou^ our Hearts. * Gave 3 Strings. •'Brother: We thank you for having xecoH>men.ded to its,, to send some of our People with, the Cherokees, who go by I^and to their Country, to open the road and protect thera by the Way, on which Subject you shall hear more of miiids directly fjona the Warriors. Gave 3 Strings. ^' 3>rotheT : " We agree with you in r/jaking public to all INfations, the Trea>- 4y made with the Cherokees, and of our having joined in bu-rying. PROVINCIAL COUNCIL. 505 the Axe, since the late murders in Pensylvania, and to this end, We deliver this your Belt over to the Coghnawageys, that they may communicate it to all their Friends and Allies, whilst We think it necessary that your Deputy at Fort Pitt should do it, in doing the like to the Southward. Gave over the Belt to the Coghnawageys. Then Thomas King stoop up, and said : " Brother Gorah Warraghiyagey, And you, Brothers of the Six Nations, and Canada Confedaracy, hearken to what our Warriours have to say. Whereupon Tagawara, a Chief Warrior of Oneida, stood up, and said: " Brethren : "We, the Warriors, think it necessary to remedy a mistake, or Omission, of which our Sachems were guilty, when We treated with the Cherokees. They then left their Axe sticking so^that the handle of it would strike against the Bushes, as they travelled ; We now take it quite out and bury it, as it ought to be, healing up the Wound, so as it shall not be seen on their Arrival in their own Country. A Belt. <' Brothers : '' We have farther considered that several of the Bones, both of the Cherokees and of our People, lye strewed along the Path leading to the South, which might, as the Road is now opened, turn the Heads of our People as they travelled along the Path ; We now, therefore, collect the Bones of both People, and after the manner of our Ancestors, We inter them in a deep Pit, so that the Water shall carry them away for ever from our Sight. A Belt. " Brothers : " Our Sachems, in Answer to your desire that some of us should accompany you home by Land, expressed their disapprobation thereat, least some Accidents might happen thro' means of bad People, who may now be abroad, and are ignorant of this Treaty. Tho' they meant this for the best. We differ from them, and have agreed that some of every Nation shall take them by the Hand ; And least it might be at first dangerous to go thro' the Towns and War Paths, till the good News is spread, We will conduct those who go by Land by a Rout on the one side, where they may travel secure and arrive in Safety at their own Homes. A Belt. '< Brothers : " Our Chiefs did not inform you that there was a small Hatchet still out against your People. We tell you now of it, that you may not hereafter accuse us of Deceit ; and should any Mischief be 506 MINUTES OF THE done thereby, We desire you not to consider it as a Public Act, these Persons being ignorant as yet of this Treaty, and therefore, until they are informed of it, let not any Action of theirs be con- sidered as a Breach of this Treaty, but let it be forgotten. 3 Strings. Sir William then addressed them as follows : " Brothers : " I thank you for all the Unanimity you have shewn at this Con- gress, and for the desire you seem to express for Peace. I hope it will penetrate your Hearts, and that you will pay due Regard to what is past. I have only to add, that you should be in Readiness to meet me in about 2 months, to Ratify your agreement concern- ing the Boundary Line, which His Majesty, in his Wisdom, has agreed to for your future Security. Then dissolved. Saturday 12th. Seventy of the Indians of Susquehanna arrived, some of whom were closely Connected with those lately Murdered in Pensilvania. After a Conference, Sir William brought them into the Sentiments of the rest, and gave them a present as a Condolance for their Loss. The foregoing is a true Extract from the Proceedings at the general Congress therein mentioned. Examined by me. " G. JOHNSON, D. Agent, as Secretary." Saturday April the 16th, 1768. The Governor received from The Reverend Mr. John Steel, John Allison and Christopher Lemes, Esquires, and Captain James Pot- ter, a Letter dated the 2d Instant, containing an Account of their Proceedings at Redstone Creek, &c''' in pursuance of the Gover- nor's Instructions of the 24th of February last, and also a Letter of the 11th Instant, from Mr. Steel, which are as follow, viz'- : "Fort Cumberland, April 2d, 1768. " May it please your Honour : " Having in our Return reached Fort Cumberland, and being here to part, We concluded it necessary to prepare an Extract from our Journal of what appeared to us most important, which We Or- dered to be transmitted to your Honour by Mr. Steel. " We arrived at the Settlement on Red Stone, on the twenty- third Day of March. The People having heard of our coming had appointed a Meeting among themselves on the twenty-fourth, to consult what Measures they should take. We took the advan- PROVINCIAL COUNCIL. 507 tage of this Meeting, Read the Act of Assembly, and Proclamation, explaining the Law, and giving the Reasons of it as well as we could, and used our Endeavours to persuade thera to comply, al- lodging to them that it was the most probable Method to entitle them to favour with the Honourable Proprietaries when the Land was purchased. After Lamenting their distressed Condition, they told us the People were not fully collected, but as they expected all would attond on Sabbath following, and then they would give us an Answer. 'J'hey, however, affirmed that the Indians were very Peaceable, and seemed sorry that they were to be removed, And said they apprehended the English intended to make War upon the Indians, as they were moving off their People from their Neigh- borhood. " We laboured to persuade them that they were imposed on by a few straggling Indians, that Sir William Johnson, who had inform- ed our Government, must be better acquainted with the mind of the Six Nations, and that they were displeased with the White Peo- ple's settling' on their unpurchased Lands. On Sabbath, the twenty-seventh day of March, a considerable Number attended, (their Names are Subjoined) and most of them told us they were resolved to move off, and would Petition your Honour for a Prefer- ence in obtaining their Improvements when a Purchase , was made. VVh;ie We were conversing we were informed that a number of Indians were come to Indian Peters; We judg- ing it raiiiiit be subservient to our main design, that the Indians should hi present, while We were advising the People to obey the :-aw, sent for them; They came; and after Sermon de- livered a Sp •■eh, with a String of Wampum to be transmitted to Your Honour. Their Speech was, "Ye are come, sent by your Great Men, to tell these People to go away from the Land, which Ye say is ours, And We are sent by our Great Men, and are glad We ha\ met here this day. We tell you the White People must Stop, id We stop them 'till the Treaty, and when George Croghan, aui our great Men will talk together, we will tell them what to do. ''he Names of the Indians are subjoined. The Indians were from ti:o Mingo-Towu, about Eighty Miles from Red Stone. After thi.s tL,; People were more confirmed that there was no dan- ger of War. They drop't the design of Petitioning, and said they would wait i.'.e issue of the Treaty; Some, however, declared they would move 'If. We had sent a Messenger to Cheat River, and to St^jwart's Cicssings, of Yougheogenny, with Several Proclamations, requesting lliem to meet us at Guesse's place, as most Central for both Settleiii nts. On the thirtieth of March about thirty or fourty Men wiet us there; We proceeded as at Red Stone, reading the Act of A -sembly, and a Proclamation, and endeavoured to con- vince them oi' the Necessity and Reasonableness of quitting the un- purchased L ,nd, but to no Purpose; They had heard what the In- dians had sa< I at Red Stone, and reasoned in the same manner, de- claring they had no Apprehensions of a War; that they would at- 568 f MINUTES OF THE tend the Treaty, and take their Measures accordingly. Many se- vere Things were said of Mr. Croghan, and one Lawrence Harrison treated the Law, and our Government, with, too much disrespect. On the thirty-first of March, We came to the great Crossings of Yougheogenny, and being informed by one Speer, that eight or ten Families lived in a Place called Turkey-Foot, We sent some Procla- mations thither by said Speer, as We did to a few Families nigh the Crossings of little Yough, Judging it unnecessary to go amongst them. It is our Opinion that some will move off in Obedience to the Law, that the greatest Part will wait the Treaty, and if they find that the Indians are indeed dissatisfied, We think the whole will be persuaded to Remove. The Indians coming to Red Stone, and delivering their Speech, greatly obstructed our design. " We are, your Honour's most obedient, " most humble Servants, "JOHN STEEL, "JOHN ALLISON, "CHRISTOPHER LEMES, "JAMES POTTER. "To the Honourable John Penn, Esquire, Lieutenant Governor, and Commander-in-Chief of the Province of Pennsylvania, &c^- in Philadelphia." The Indians Names who came to Red Stone, Viz*- : Captain Haven, Captain Hornets, Captain Mygog Wigo, Captain Nogowach, Captain Strikebelt, Captain Pouch, Captain Gilly, Captain Slewbells. The Names of the Inhabitants near Red Stone John Wiseman, Henry Prisser, William Linn, William Colvin, John Vervalson, Abraham Tygard, Thomas Brown, Richard Rodgers, John Belong, Peter Young, Geo. Martin, Tho'- Down, And*^' Gudgeon, Phil. Sute, Jam'- Crawford, John Peters, Henry Swats, Jos. McCleon, Jesse Martin, Adam Hatton, John Verval, Jun'- Jam*- Waller, Tho'- Douter, Cap'- Coburn, Micheal Hooter, And"- Linn, Gabriel Conn, John Martin, Hans Cack, Dan'- McCay, Josias Crawford, One Provence. PROVINCIAL COUNCIL. 509 Names of some who met us at Guesses Place : One Blonnfield, Richard Harrison, James Lyne, Phil. Sute, Eze Jdhiison, Jet Johnson, Tho'' Guesse, Henry Burkon, Char. Liiidsey, Lawr. Harrison, Jam'- Wallace, Ralph Hickenbottom, Names of the People at Turkey-foot : Henry Abrahams, Eze. Hickman, Eze. Dewit, Jn"- Euslow, Jam'- Spencer, Henry Euslow, Benj. Jennings, Benj. Pursley, Ju°' Cooper, A Letter to the Governor from the Reverend Mr. Steel. " Carlisle, April 11th, 1768. " May it please your Honour : " Upon my return to Carlisle, the 8th instant, I bad the Pleasure to see your Brother Allen, and Secretary Shippen, in their way to Fort Pitt. The Secretary requested a Copy of our Journal, be- lieving it might be of some Use to them, with which they were immediately furnished, and further advised me to wait an (Oppor- tunity, rather than hire an Express, to Transmit to your Honour our Papers, which I am favoured with in the present Bearer. Sir, there is one thing which, in preparing the extract of our Journal, happened to be overlooked, viz'-: The People at lied Stone allodged that the removing of them from the unpurchased Lands, was a Contrivance of the Gentlemen and Merchants of Philadelphia, that they might take Rights for their improvements when a Purchase was m--ide. In confirmation of this, they said that a Gentleman of the Name of Harris, and another called Wallace, with one Friggs, a Pilot, spent a considerable time last August, in viewing the Lands and (Greeks thereabouts. We promised to acquaint your Honour with this. " I am of Opinion, from the appearance the People made, and the best intelligence We could obtain, that there are but about an hundred and fifty Families in the different Settlements of Red Stone, Yougheogeny and Cheat River. ''Sir, our Expences have arisen to a monstrous height, occasioned by the inclemency of the Weather, the Scarcity and dearness of Forage, and the tediousness of our Journey. With this I send the Acccuipt, with our Vouchers. There are in my hands a few Blankets, &c'' which I believe may bring three or four Pounds, which I have not had Time yet to sell. m MINUTES OF THE " We declined calling to our assistance any other Gentlemen as your Instructions gave allowance, as we judged the Number your Honour had appointed sufficient. Whatever Success our En- deavours may have, I would be glad you would believe we did faith- fully what we could. I am your Honour's most Obedient and humble Servant, JOHN STEEL. To the Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca., in Philadelphia. Tuesday, 3d of May, 1768. MEMORANDUM. Colonel Armstrong, John Miller, and William Lyfuis, Esquires, having been notified by the Secretary, pursuant to tlh Governor's Directions, to appear at the Council Board on this Day, His Honour desired them to give their attendance on Friday the 6th instant, as two Members were only present. At a Council held at Philadelphia, on Friday the 6th of May, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, &c'- William Logan, Richard Penn, \ „ Benjamin Chew, James Tilghman, j ^ Colonel Armstrong, John Miller, and William Lyons, Esquires, appeared at the Board, according to appointment, and were severally examined with respect to their own Conduct in the Detention of Frederick Stump in the Goal at Carlisle, as well as all that they knew in regard to his Rescue from the Hands of Justice. The Board then agreed to take this Matter into further Consideration, and appointed a Meeting of the Council on Thursday the 13th instant, in Order to come to a final Result on the Subject. Messieurs Miller, Armstrong, and Lyons were therefore directed to attend the Board again on that Day. The Governor then laid before the Board a Transcript of the Record of Conviction of David Smith at a Court of Oyer and Ter- miner and General Goal Delivery, holden at Philadelphia for the County of Philadelphia, on the 11th day of April last, before William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supream Court, and of the said Court of Oyer and Ter- miner for the Province of Pennsylvania, by which Record it ap- pears that the said David Smith was legally tried and convicted PROVINCIAL COUNCIL. 511 of Felony and Burglary, committed in the Dwelling House of Wil- liam Kemble, in this City, on the 10th of November last, and had received Sentence of Death for the same ; But the said Justices having recommended him to the Governor as an Object of Mercy, His Honour, by the Advice of the Board, was pleased to issue a Pardon for the said Criminal. Monday the 9th of May, 1768. A Committee of Assembly waited on the Governor, and acquain- ted him that a Quorum was met pursuant to Adjournment, and re- quested to know if he had any Business to lay before them, to which His Honour answered that he had none at present to recom- mend to them. At a Council held at the Council Chamber, at the State House, on Tuesday the 10th Day of May, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c*- William Logan, Richard Penn, | Esquires Benjamin Chew, James Tilghman, j ^ ' and a Number of the reputable Inhabitants of the City. Colonel Armstrong, Mr. Miller, and Mr. Lyons, attended accor- ding to appointment. The former delivered to the Governor a Nar- rative of the Case relating to the Detention of Frederick Stump, and John Ironcutter at Carlisle, which was publickly read, as were also the several Depositions, and other Papers respecting that Transaction. Messieurs Miller and Lyons were then publickly ex- amined, after which the Governor adjourned the Council to the 13th Instant, in order to take the matter into further Considera- tion. Wednesday the 11th of May. A Committee of the Assembly waited on the Governor, and ac- quainted him that the House were inclined to adjourn to the 12th of September next, to which His Honour replied, that he had no ob- jection thereto. 512 MINUTES OF THE At a Council held at Philadelphia on Thursday, the 12th of Mav, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca., ^\ illam Losan, ) -n, T rr-1 u r Esquires. James iilennian, j ^ Mr. Armstrong, Mr. Miller, and Mr. Lyons, appearing at the Board, agreeable to the Governor's appointment. The Governor dismissed them with the following Admonition, which was read to them, viz : Colonel Armstrong, Mr. Miller, and Mr. Lyons, Upon the Rescue of Frederick Stump and John Ironcutter, who had been arrested for the Murder of Ten Indians, I was informed that you, as Magistrates of Cumberland County, had interposed to prevent their being brought to Philadelphia in Obedience to the Chief Justice's Warrant, in the Hands of the Sheriff, and that in particular. Colonel Armstrong had himself discharged the Sheriff's Guard, after he, (the Sheriff) had refused to do it, and committed the Prisoners to the County Goal, which was in a great Measure the Occasion of the Rescue, as it gave the Persons who committed that bold and daring Insult upon the Laws of the Government, Time to consult Measures for the Execution of it. The Matter was of such Consequence, and the Reputation of the Government so much concerned in it, that I could not pass it by without mak- ing an enquiry into it, and upon hearing you and the Sheriff, and considering the several Proofs which both You and He have laid before me, I find that on Monday the 25th of January last, the Sheriff was ready to set off with the Prisoners from Carlisle, under a Guard of eight or ten Men, in order to bring them to Philadelphia as the Warrant required. That the Peo- ple of Carlisle, thinking the Rights and Priviledges of their County would be infringed by the Prisoners being brought to Phila- delphia, grew uneasy under those Apprehensions, and did apply to you, and press you to interpose in the Affair, untill they could have an Opportunity of Remonstrating upon the Occasion, which was at first warmly opposed by Colonel Armstrong; but, that at length, partly to quiet the Minds of the People, and partly-from an Appre- hension of Danger of a Rescue in Case the Sheriff, with the Priso- ners, should be detained on the Banks of the Susquehanna, which was then Hourly expected to break up. You were induced to cause the Prisoners to be examined, and, upon their Examination, They were committed by Colonel Armstrong and Mr. Miller to Carlise Goal ; in order that the Government, informed by Express, which was determined to be sent on that Occasion, should give further Orders respecting them. PEOVINCIAL COUNCIL. 513 " Tho' the Transaction has not been proved lu the aggravated Light in which it was represented to me, yet it was undoubtedly ■officious, and besides your Duty to interpose at all in the affair, as it was unjustifiable in the Sheriff te pay any Regard to your Interpo- sition and your Conduct upon the Occasion, was in itself an Obstruc- tion of Justice, aad is not to be justified, however it may in some Measure be excused by the Motives of it. But, as I am satisfied from the Evidence, that both you and the Sheriff were far from having any intention either to favour the Prisoners, or to offer the least Contempt to the Authority of the Chief Justice's Warranty and that you acted for the best, in a Case of Perplexity, not ex- pecting, but rather intending to prevent the Consequences which followed, I shall take no other Notice of the IMatter than to ad- monish you for the future to be very careful, in confining your- selves within the Bounds of your Jurisdiction, and not to interfere again in Matters which belong to a Superiour Authority. At a Council held at Philadelphia, on ^fonday the 13th of June, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- Benjamin Chew, ) -r, James 1 ilghman, j ^ The Governor laid before the Board the Records of Conviction of three Persons for Burglary, which being read, it appears by one of the said Records, that at a Court of Oyer and Terminer and Gen- eral Goal delivery, held at Lancaster, for the County of Lancaster, the 28d day of March last, before William Allen, John Lawrence, and Thomas Willing, Es^quires, Justices of the Supreme Court of the Province of Pennsylvania, and of the said Court of Oyer and Terminer, William Dobbins and Thomas Hammond' were tried and convicted nf Felony and Burglary, couiniitted in the Dwelling House of Wendal Horning, in the Township of Warwick, and County afore£aid, on the Sixth day of September last, and have received Sentence of Death for the same. And b}' the other of the said Records, it appears that at a Court of Oyer and Terminer and general Goal Delivery, held at Carlisle, for the County of Cumberlaud, the 17th of May last, before the said Justices, Giles Bower, otherwise called Giles Powell, was tried and Convicted of Felony and Burglary committed in the Dwelling House of Ludwick StuU, in Antrim township, and County afore- said, on the Second day of August, 17G6. aud bad received Sentence of Death for the sanie. voi, IX. — 33. 514 MlifUTES OF THE TLe said Secords Leing taken into Consideration, mnd no CiVcurra^ stances appearing in favour of the said Crinvinals, excepting Giles- ]iowers, alias Powell, who was recomraendsd iothe Governor by the- said Judges as an Object of !Iis Mercy, The Governor, with the advice of the Board, issued a Warrant fo? the Esecutioo of Williana Dobbins and Thomas Hanson, on SatGrday, the Ninth Day of July next, and granted a Pardon to the said Giles Bowsrs, alias Powell. Mr. Charles Batho, late of this City, Merchant, having removed into Township, in the County of I^iladelphia, and being thought by the Board a proper Person to be in the Magistracy, The Governor issued a Commission appointing him a Justice ©f the Peace and of the County Court of Camman P'leas for the said City and County. Francis Campble, Esquire, of Ship^nsburgh, m Cumberland County, having by Letter requested tii-e Governor to accept of his E,esiguatioa of the Offices of Justice &f the Peace asnd Coanty Court of Common Pleas for the said County, His Ho'nour was pleasec^ to accept the same accordingly, and directed the Seesctary to a©- quaiat him therewith. At a Gauadl b^eld aS Philadelpbia^ oa Friday the 24th jTanCj. 1768. PRESENT : 'Ibe Honourable JOHN PENN, Esquire, Lie^itenant Governor.. William Logais-, Benjaisin Che??, > -n, Richard Peters^ Jara®s Tilghman^r > John Allen, and Josspb Ship|>en, Esquires, laid before the Board the Minutes of the Proceedings and Conferences with the Ohio and other Western Indian's, at the late Treaty held at Fort Pitt, whick ibey attended as ComrAissioners from this Government; the same^ were Read, and being ordered to be entered on these MiniUtea^ are- as follows, viz'- : " Minutes of Conferenees held at Fort Pitt, in April and Mat/, 176&, under the Dircctioii of George Croghan, Ekquire\^ Deputy Agent for Indian Affairs, ivith the Chiefs and Warrior» of the Ohio^ and other Western Indians. " At a ConfercDce held at Fort Pitt, on Taesday, the 26th Day of April, 1768, with the Chiefs and Principal V/arriors of the Sis Nations, Delawares, Shawanese^ Munsies, and Mohickons^ residing on the Waters of tbe Ohio-. " PRESENT : George Croghan;, Esquire^, Deputy Agent for ladian Affairs. PROVINCIAL COUNCIL. 515 John AlleHj > Esquires, Commissioners from the P-ro- Joseph Shippen, Jun' 5 vince of Pennsylvania. Alexander M'Kee, Esquire, Commissary of Indian Affairfl. Colonel John Reed, Commandant. Captain Charles Edmonston. Captain Pownall. Lieutenants. Thomas Ford, Alexander Maclellan, Jesse Wrighf) Samuel Steel, William Wood, Thomas Batt. Ensigns. Thomas Hutching, Robert Hamilton, James Savage, Godfrey Tracy. Mr. Henry Montour, Interpreter. Indians. Skc Nations. Delawares. ^ ^Chiefs, Keyashuta, White Mingo, Soneno, Allyondongo, Onanghkong, Gettyqueaye, Onondagago, Caddedonago, Saggoyadentha, Thc-nissagaraws, Oyanay, Toeaughquottet. Toeageda, Toedassaho, Kennissoen, Thagonneyesus, Dawatdehough, Awanneynatha, With 293 Warriors, besides Women and Children. :> Chief Warriors. Nettawatways, or New ^ Comer, Custelloga, Boaver, Latort, Spawgassa, Nessicuthcthem, Cascatheon, Kekiwcnum, Washawanon, Mahetoaughkong, Loyalaughaland, Tugasso. Captain Jacobs, Wingannum, Captain Pipe, Captain Jonny, Quequedegatha, Grey Eyes, White Wolf, Theckhoton, Opemalughim, Killaykhehon, Wiesahoxon, With 311 Warriors, besides Women and Children, Chiefa Chief > Warriors. 616 MINUTES OF THE Shaioanrse. Kaysinntiujrhtlia, or the"" hard Man, 'jwa, 3Innsies. Auttemaway, "") Kendasseong, j, Wassawayhim, ^ Chiefs. Qoekquahim, | Waughhellapo. J ^ Chiefs. With 196 VVarriors, btsides Wo- men and Children. I Chief r Warriors. MoMckons. Wennighjalis, Kelleigheon, With 90 VVarriors, besides Wo- men and Children. Chiefs. J } With 141 Warriors, besides Womeia and Children. £tawakis.-:ihn, Maughki.ti fS.w; Maykypu' I'Liil]- Maughk^ i' yuivi Nymwha, BcnnoxcnnuDa, Naynich; ii,!, Wassayn: i .' tl.: Wethawi I, Li Thethawj'iiy, Wanghcn !irno, Othawaj^iia, Mawaydi:!, Munnenii, Seven Wyaiidotts sent to attend the Conference. KawcomriiC, Shillejw;i":h'3tha, Quighb}a, In the '.v'nolc 1103 Indians, besides Women and Children. The iLilians liaving taken their Seats in Order, Mr. Croghan opened th;; Conferences as follows, viz'-: **Bretl;rcn of the Six Nations, Delawares, Shawanese, Munsies, and Mohickons : "I am glad to see so many of your different Nations assembled at this Ccuncil Fire, and with this String of Wampum I clear your Eyes, and wipe away your Tears, that you may see and look on your Brerjiron, the English, with Pleasure. A String. « Brethren : ** With this I Liiiig I clean the Svyeat off your Bodies, and remove all evil Til oughts from your Minds, and clean the Passage of your Hearts, that every thing which may be said to yoo, from your Brethren, the Kuglish, may rest easy there. AStriiig. '•-Brethr* n : << With this String I clear your Eyes, that you may hear and consider weil what is going to be said to you, at this general Meet- ing of yoia- several Tribes. A Striiig. ''^Brethroii : "I tak(^ \\n■^ Opportunity of our Meeting in Council to introduce to you tKc Cumiuissioners of Pennsylvania, appointed by your I PROVINCIAL COUNCIL. 51T Brother Onas, and the Wise Men of that Govermuent, and desire you will give particular Attention to the several Messages thos^i (jrentlomeu are charged with, to deliver to your several Nations. " A Belt. After the above Speeches were explained to the different Nations^ Mr. McKoe delivered to them the Message which Governor Penn sent to his Care in February last, having had no opportunity till now, of meeting with the Chiefs of the several Tribes together^ tho' he had despatched Messengers to inform them of his having such a message to communicate to them. The Message follows in these Words, viz'-: '* By (lie Honourable JOHX PENN, fJsquire, Linifrnovt Governor and Commander -in- Chief of the Province of Panui/loania^ and Counties of Newcastle, Kent, and Sussex, on IJelincarc, Ac", &o*. A Message to the Chiefs and Warriors of the Six Nations, Dehx wares, and Shawanese, at Ohio. " Brethren : " I am sorry to acquaint You that one Frederick Stump and John Ironcutter, some time ago, having sold some Rum to a few Indians of your Nations, they all got Drunk at Stump's House on Middle Creek, and in their Liquor, threatened to kill hiui and his Family as he says, on which those two wicked Men Murdered several of your People. " Brethren : "You must be sensible that there are bad and fioli^^h Men of all Nations, whom at Times, the Evil Spirit jrets the bettHr of, and tempts to Murder their most intimate Friends, and even Ptelations, in order to disturb the Peace and Tranquility of their Neighbors These Accidents often happen amongst yourselves as w 11 as among MS, but the imprudent Act of a few foolish People should not dis- turb the Peace of the many Wise and Innocent amongst Us. " 'J he great Giver of Life has given us a good Heart, and Tongues to speak the sentiments of our Hearts to each other. And ■when any Misfortune happens of this Kind to either of us. We should consider well the Consequences, and meet uuJer the Tree of Peace, and smoak together as our fore Fathers furm rlydid, and endeavour to adjust and settle any Disputes that might formerly happen, that so no black Clouds might arise over our Heads to pre- vent us from seeing the Sun rise, and set over us in the strictest. Friendship. " This is the Method I plopose to take on this unlucky Occasion, and recommend to you my Brethren, and desire you may rest easy and satisfied till you hear from me again. The strictest Justice shall be done you, and I make no doubt but you will be satisfied with my Conduct. M8 MINUTES OF THE '* On first hearing of this unfortunate Affair, I issued a Proclama- iion, and had those two Men apprehended and put in Prison, and make no Doubt to bring them to that Punishment so heinous a Oxime deserves by the Laws of their Country. " I have \yrote to Sir William Johnson, and informed him of this Accident, and when my Express returns, you may expect to hear from me and him farther on this Subject, and more to Your Satis- faction, as You will be convinced of the Justice and upright Inten- tions of all his Majesty's Subjects towards your several Nations. A Belt. -^-'■^, ^ " Given under my Hand and the Lesser Seal of the Lesser I said Province, at Philadelphia, the twenty-second day Seal f of February, in the Year of our Lord 1768. tv— V— ^j "JOHN PENN. " By his Honour's Command. "Joseph SmrrEN, Junior, Secretary." Wednesday the 27th of April. Mr. Croghan, and the Coramissioners of Pennsylvania, had a faeetiftg with the Chiefs of the several Tribes, avid explained to Ihem the Heads of the several Speeches tO' bo delivered to them from the Governor of Pennsylvania. After the above Chiefs had considered what had been told them, the Delawares and Shawanese, on a Belt and String of Wampum, expressed their Satisfaction at seeing Commissioners from Pennsyl- vania at their Council Fire, and returned Mr. Croghan Thanks for lotroducing them to their several Nations, Assuring him they would pi;y due attention to what those Gentlemen should say to them froni their Brother Onas, and their Brethren of that Province. A Belt and String. At a Conference held with the Indians at Fort Pitt, on Friday the 2d Day of April, 1768. Present, the same as before. Mr. Croghan addressed himself to all the different Tribes, and ppoke as follows, Viz'-; " Brethren : ^ " The other Day I introduced you to the Commissioners froan. .Pennsylvania, and informed you they had several Messages to you from the Governor and good People of that Province. They aro now going to speak to you, and I desire you will pay due attention io what they shall say. PROVINCIAL COUNCIL. 519 The Co-minlssioncrs then, in the name of the Grovei-nor of Penu- f ylvania, delivered the folllowiog Messages to tlie Indians : ■*'Th€ I/on our able JOHN' PENK, Esquhe, Lkufenant Governor and Coirjtiiaiuhr-ui- Chief nf the Province o/ Pennsylvania, and Cowitieso/ New Castk, Kent, and Sus^sex^nn Ddaicare. -'■'Tothe seivral Trihcs of Indians living on and hei/ond, the Ohio^ Vizt.7 Six Nation^,, Shawanei:e and DelaW'&res, /cca. "" Brethren : " It is not long since I sent a Message to you to be delivered bj !Mr. Alexander McKee. " i~ou will see that that Message was sent on purpose to acquaint you, thit two of our bad inhabitants had murdered sorae of our India-a Brethren at Middle Creek, near Susquehanna, and that I was takiag all tJie Pains in my Power to have the murderers ap- prehended and brought to the Punishment they justly deserve. *' Ever since I sent that message to 3'ou, my Heart has been so -deeply atficted "rith Sorrow for the Loss you have sustained by that barbarous Act, that I could not rest or sleep quiet in my Bed, as I well 'knew i'; wae a very great Breach of tke solemn Engagements \7e had i-nte-ed into, of preserving the strictest Friendship between «3, in not suffering the leaet Link ie the Chain t© be broken, or any ways hurt. '' I have longed much to come Eiyself to the Ohio, to take you. by the Hand, and sit dowE and condole with you on so melancholy 2.U occaaon, in the Losses you have sustained in the Death of some •of our food Brethren, the Indians-; but S must let you know, that the great Affairs I have to manage in tke GoverEment, necessarily detain rae at this Time in Philadelphia. I have therefore appoint- ed my g)od Brother John Allen, Esquire, and the Provincial Sec- retary, /oEeph Shippen, Esquire, Commissioners to meet you oit this oeeision, -and to Speak and Condole with you in my stead. They wll deliver this Message to you in ray Name, and whatever they shill say 'to yrm, y®u may hear and believe, in the same maa- ^ler as i' I w&s present among you, and spoke to yeu myself; for, you ma_' depend on it, they will say nothing to you but the real Truth, .nd what are the sincere Seiitiments of my Meart. A Stdng. •'* Brethen : " I tdd yoK also \n tkat Message, that I had communicated this sinelancloly news to Sir William Johnson, and promised you, that as soonas I received his Answer, you should hear from me again ; and I bped, in such a manner as I hoped would be to your eatis- faction. •*' Bretbcn : " I an now to inform you that I have since received Sir William -Johnso 's Answer, and am pleased to hear that be has laid this 520 Mli^UTES OF THE matter before a large number of Indians, as weH of the Six Nation,? as of several other Northern Tribes of Indians with whom he hat lately held friendly Conferences at his House; and Mr. Croghau will relate to you whatever was done at that Treaty. A String. *' Brethren r " The unhappy accidents which have happened to some of your People in my Government have given me great CoHcern, as I have already told you ; I with this string of Wampum gather up the Bones of all our dead Friends, and bury them in the Earth, ihat they may be no more seen. A String. " Brethren : " As I have buried the Bones of all our deceased Friend?, I con- dole with you for tho Loss you have sustained in theiB, and cover their Graves with these few Goods. Delivered the Condolence Presents. "Brethren : " With thi;3 Belt of Warapum I clean the Blood off the Leaves and Earth whereon it was sprinkled, that the sweet Herbs which come through the Earth may have their usual Verdure, and that we may all forget the unhappy Accidents that have happened. A large White Belt. " Brethren : " Hearken now to what T have tO' say further to you inbshalf of myself and all the good People ot tl^is Province. '' I am informed that some wicked and ill disposed Peo/le have told you many Lies; endeavored to make you believe that lie good People of my Province are not well affected towards you, but in- tend you some mischJL'f, and are not desirous o( preser\{ng the Chain of Friendship bright and entire between us. You iriay de- pend on it tliat all such Kepresentations are false, and with)ut the least foundation, and are made with no other View than tomake a Breach between us, and the Authors must be looked ouias our greatest Eaemies. To assure you that I am desirous andsincere in my Intentions to live always in the strictest Harmony wth you. and to reiJiOve every uneasiness that may bo lodged in your Jreasts, I have impowered and instructed ujy Commissioners to con^r with you on any matters which immediately relate to my Govetaraent^ and to hear what you have to say to me with regard to al such things as may contribute to prcsei'vc the Peace andstrengtbn that Band of Friendship in which yoii arc united v/ith the goodPeople of this Province; and I make no doubt but you have tlj; same good Dispositions that 1 have to promote that End, and -hat alE PROVINCIAL COUNCIL. . 521 Things will be freely coinraunicatcd to one another in these Con- ferences ; I desire, therefore, that you will fully inform my Com- missioners of everything that gives you the least uneasiness, that I may know it and endeavour to remove all Cause of Discontent among you. A Belt. " Brethren : " I have told you every thing I had to say to you relative to the unhappy Murder committed by two of our wicked People on some of your Brethren, and as.l am and have been doing every Thing in my Power to bring those Offenders to .Justice, I cannot help remin- ding you of the Number of People I have lost in the Indian Coun- try by some of your foolish young Men ; And as I am determined that the strictest Justice shall be done you, I must let you know that I expect the same Justice from you for the Loss of His Majesty's Subjects entrusted to my Care. This is agreeable to the Treaties of Friendship long subsisting between your several Na- tions and Us, and if we both unite in attending strictly to those Treaties, we shall be able to preserve the Chain of Friendship bright and without llust. " It was likewise agreed at those Treaties, that whenever any Accident should iiappen, that might give the least Uneasiness, or in any Manner endanger the Friendship subsisting between us, We should immediately inform each other of it. Now, you see that I have not forgot those antient Treaties, for as soon as I had Knowledge of those unlucky Accidents which have happened in my Province, I immediately sent you Notice of them by a Speech and Belt, to be delivered to you by Mr. McKee; and 1 now send my two Commissioners to Condole with you on that Melancholy Oc- casion. "I must now inform you of such English Subjects belonging to my Province as have been Murdered in the Indian Country, and have come to my Knowledge, viz'- : Henry 0' Brian, Petur thrown, and eight other Men, in proceeding down the Ohio last August, with two large Batteaus, loaded with Goods, were mui-dered by the Indians, and part of the Goods taken away, near the Falls of that River. Thomas Mitchell a Trader, was likewise Murdered in one of the Shawanese Villages last Fall, John M'^Donaid was also Murdered near Fort Pitt in December last, by a Delaware Indian. A Belt. " Brethren : '' With this Belt I renew, brighten and make strong the Chain of Friendship that Subsists between us, I have still fast hold of one End of it, and desire you will also keep fast hold of the other End, and let us both for ever hold it fast, that We may hereafter con- tinue as one Man, and act together in all Matters relating to our 522 MINUTES OF THE mutual Welfare as Brothers, who have the same Interests and Con- cern for «ach others Peace and Happiness. A Belt, representing a Chain held by a hand at each end, of 11 Rows. ''JOHN PENN. '' Dated at Fort Pitt, the 29th day of April, 17G8. " By his Commissioners, '' JOHN ALLEN, [l. s.] " JOSEPH SHIPPEN, Jun'- [l. s.] The Commissioners having delivered the Governor's Messages in Council, Mr. Croghan addressei the Indians as follows : " Brethren : " You have now heard what the Governor of Pennsylvania hath said to you by his Commissioners, and you see that he and the Wise Men of that Province have not forgot the former Friendship that subsisted between your Fore-fathers and theirs ; They have now condoled with you for your lost Friends, agreeable to your antient Custom, and spoke their Minds freely on every subject that has caused their Meeting you at this time, and have called on you to do the same on your Parts. They have brightened the Chain of Friendship, and have done every thing in their Power to preserve that Friendship which was made between your Fore-fathers and the first Settlers of that Province, who came over with your Brother Onas. " Brethren : " T now desire you will assemble all the wise Men of your several Tribes together, and call to mind your former Treaties with the good People of Pennsylvania, and consider what has been said to you, and speak your minds freely and openly to the Governor's Commissioners, that every thing which gives you Oneasiness or Discontent, may be fully known to your Brother Onas, as he has desired." A Belt. After the above Speeches were interpreted to the different Na- tions, one of the Chiefs spoke, and said they would tnke them into Consideration, and let us know when they should be ready to an- swer them. , Then a Deputy, sent from the Six Nation Countr}-, got up and delivered the following Message to the several Nations present. '' Brethren : "I am sent from the Six Nation Council with this Speech, to in- form you, that they have considered well the past Conduct of their Warriors, in going through this Country to and from War, who have made a practice of Stealing Horses, and behaving otherwise very ill to their Brethren, the English, and have forbid their doing any mischief for the future ; and do now desire you, the Shawanese, PROVINCIAL COUNCIL. 523 Delawares, and Wyandotts, to do the same, and to throw all evil Thoughts out of your minds and Hearts ; and to think of nothing but promoting a lasting Friendship with your Brethren, the En- glish, as we, vour elder Brothers, the Sis Nations, have determined to do." A Belt. After the Sis Nation Deputy had finished the forerroing Speech, and it was interpreted to the Indians, Mr. Croghan informed them of the Congress Sir William Johnson lately held with the Sis Na- tions, Canada Indians, and other Northern Tribes, of the Business transacted with them, and the Peace settled between those several Nations and the Cherokees ; and that the Deputies of the latter, with a Number of the Sis Nation*, were to return home by the way of Fort Pitt, and recommended it to the different Tribes pres- ent to behave in a friendly manner to them, and see that they passed safe through their Country, on which Mr. Croghan gave them A Belt. At a Conference held with the Indians, at Fort Pitt, on Sunday the 1st day of May, 1768. PRESENT : The same as before. Quequedagaytho, Speaker for the Delawares, rose up, and made the following Answer to the Message from the Governor of Penn- sylvania : '' Brother : " We return jou thanks for your kindness in sending Commis- sioners to Cond(jle with us, on Account of the unhappy Accidents which have happened between us ; as also, for the Friendly Mes- sages thoy have delivered to us in your Name, and you may be assured We shall pay due Regard to every thing you have therein said to Us. He then requested the several Nations present to attend to what he was about lo say further to their Brother, the Governor of Penu- sylvania, and then proceeded : " Brother : " The Grief and Concern which you have expressed to us on the late Mischiefs committed on our People, we believe to be very sincere, and that they were caused by the evil Spirit. You have also mentioned, in a particular Manner, several Losses which you have Sustained in the Indian Country ; We are heartily sorry for them, but must acquaint you that, as to the Murder of the Ten Men in the Batteaus, down this River, we have heard of it as well as you, but it was committed by other Nations and not by any of 524 MINUTES OF THE the Tribes here present, so that we have not had the least Concern in this unhappy Affair. It is too true that one of your People was killed by the Shawanese, and we are also very sorry for that Acci- dent. As to the Man who you say was killed near Fort P.tt, by a Delaware Indian, we tell you that the Person who committed that Fact was half a White Man and half an Indian, so you see. Brother, that you are equally concerned with us in that Breach of Friend- ship 5 but I hope, Brother, all these Misfortunes are now buried in Oblivion, and that our Children may never think of them more, and that we may continue in the strictest Fi'iendship. A Belt. '' Brother : " I shall, in the next Place, speak to you concerning the Friend- ship that subsists between us ; I hope we shall always be firm in it, and we shall endeavour, on our Parts, to keep the Cliaiu as bright and Strong as our Forefathers did at their first Councils, which were held by Wise Men." A String. He then repeated the same Ceremonies that We had used in the Burying the Bones, and said : " Brother: " I now gather all the Bones of your deceased Friends, and bury them in the Grround in the Same Place with ours, so deep that none of our young People may ever know that any Misfortunes have hap- pened between us ; and it gives us great Satisfaction that our Brother Onas has not forgot this antient Custom of Condoling with us for our Losses. A Belt. "Brother: " By this Belt I wipe away the Blood, as you have done, from the Earth, and make your Bodies quite clean, that you may appear to have as good Hearts as our Wise Fore-fathers, and We hope what passes in this Council will never be forgotten." After repeating what had been said to them concerning the Chain of Friendship, he concluded: "■ Brethren : " We are much obliged to the Governor for speaking so freely & openly to us from his Heart, and as he has recommended to us to take fast hold of the Chain of Friendship, we assure him we shall take his Advice and will do it; and that we shall, likewise, speak to him from our Hearts, for we look upon this as the only way to preserve our Friendship, and we shall take Care to guide and direct our Young People to behave as they ought to do in promoting the Peace and cultivating the Strictest Harmony between us." A Belt. PROVINCIAL COUNCIL. 5*25 The Beaver, a Chief of the Delawares, then rising up, desired all present to pay attention to what he should say to his Brother, the Governor of Pennsylvania. " Brother ; " We, the old Men of the diiierent Nations present, are much re- joiced that the Chain of Friendship is now brightened by our Brother the Governor of Pennsylvania, and we return him thanks for put- ting it into our hands, in the kind manner he has done, which con- vinces us of his good Intentions. " We, the Delawares, Shawanese, Munsies, Mohickons, Wyan- dotts, and our Uncles the Six Nations, will keep fast hold of the Chain of Friendship, in the Manner you desire us. We now de- sire the Governor will also take hold of the end of this Belt, which we stretch along the Road between him and us, in order to clear it of the Briars and Brush that have grown up in it, that we may travel it in Peace and Safety. " Brother : " We make the Road smooth and pleasant for your Commission- ers to Travel home, and make a Report to you, at our antient Council Fire in Philadelphia, of what they now hear from us. And when you crinsider our speeches, you will find tliut our Hearts are good, and that we are determined to preserve the Road of Peace free from any interruption on our parts. We desire you will take the same care on your Parts, for if any Logs should be laid across it by any of your People, it will be undoing every thing that is now agreed on between our several Nations and you, at this meet- ing." A Belt. Then Queguedagaytho rose, and said that they had spoken every thing they had to say at this Time, to their Brother Onas; and, addressing himself to Mr. Croghan, spoke as follows : " Brother : ** We have long been acquainted with you, and are well pleased with your Behaviour towards us, and at this Time, are the more obliged to you for introducing to us the Commissioners from the Government of Pennsylvania, as it has given us a good opportuni- ty of renewing our Peace with the good People of that Province, with whom our Fore-fathers always lived in the most perfect Friend- ship. You spoke to us the other Day and recommended to us to take into our most serious consideration the several matters we have heard from the Governor of Pennsylvania by his Commission- ers, and to weigh them well in our Minds before we give our An- swers to them. " Brother : " We have taken your Advice, and you may be convinced of this by what we have just now said in behalf of the Delawares, Mun- sies, and Mohickons." A Belt. . ' \ 526 MINUTES OF THE The Speaker of the Delawares then observed that they had fin- ished what ihe.y had to say at this Time. Then a Chief of the Six Nations rose up, and addressing himself to the Commissioners of Pennsylvania, said : ' Brethren : " We have heard with attention what the Delawares have now said to you, and we shall speak to you to-Morrow, and so will our younger Brothers, the Shawanese. At a Conference held with the Indians at Fort Pitt, on Monday the 2nd Day of May, 1768. Present the same as before. Tohonissahgarawa, a Chief of the Six Nations, got up, and ad- dressing himself to the Several Nations present, said : •'Brethren: " The great giver of Life has brought us all together at this Council Fire, in order to promote the good work of Peace, and we have heard what our Brother Oaas hath said to us by his Commis- sioners, and you will now hearken attentively to what the Six Na- tions are about to say to him in Answer to his Messages. A String. Then addressing himself to the Commissioners of Pennsylvania, he said : " Brethren : " You have already heard what our Nephews, the Delawares, have said to you ; they have spoken freely and openly to you from their Hearts, and we hope it has made a proper Impression on you. We are now, in like manner, going to open our Hearts to you freely; and We also hope that what We shall deliver will be received by you in a friendly manner. A String. "Brother Onas: " In your several Speeches you have desired us to open our Minds freely, and to speak before you every thing that gives us uneasi- ness ; we are obliged to you for this advice, which we shall follow, and are glad of an opportunity to speak to you in Council. " Brother : " It is not without Grief that we see our Country settled by you without our Knowledge or Consent; and it is a long Time since we first complained to you of this Grievance, which we find has not as yet been redressed, but Settlements are still extending further into our Country. Some of them are made directly on our War Path, leading to our Enemies' Country, and we do not like it. PROVINCIAL COUNCIL 527 "Brother: " You have Laws amongst you to govern your People by, and it ■will be th(3 Strongest Proof of the Sincerity of your Friendship to let us see that you remove the People fi'oui our Land:-' ; as we look upon it, it will be Time enough for you to settle them when you have purchased them and the Country becomes yours. A Belt. "Brother: "We have heard with Pleasure what you have said to us; you have made our Hearts easy with respect to the Losses we have suf- fered b}' you, and therefore we shall not take notice of any past Alistortunes. We are glad to find our Nephews, the Delawares, have taken fast hold of the Chain of Friendship with you, and by this Belt we join our hands with you and them in holding it fast. We speak now in behalf of the six Nations residing in this Coun- try, as there are some of every Tribe present, and we wish, Brother, that you may be Strong, and as well disposed to preserve that Friendship as v.'e are. A Belt. "Brother : " I have now done speaking, and have told you every thing that Remains in our Hearts which gives us, and the several Nations in this Country, any uneasiness." At a Conference held with the Indians at Fort Pitt, on Tuesday the third of May, 1768. PRESENT : The same as before. Nymwha, a Speaker for the Shawanese, addressing himself to all the Indians, desired they would attend to what he was going to say to the Commissioners of Pennsylvania, and all bis Brethren, the English, present, and spoke as follows : " Brethren : " When you talked of Peace to us at the time We were strug- gling in War, We did not hearken to you at first. You mentioned it to us a second time. We still refused to attend to you, but after repeating it to us several times, we consented to hear you We then looked at you, and saw you holding Instruments of War in your Hands, which we took from you and cast them into the Air out of our Sight. We afterwards desired you to destroy your Forts, as that would be the Way to make all Nations of Indians believe you were sincere in your Friendship, and we now repeat the same request to you again. We also desire you not to go down this River, in the way of the Warriors, belonging to the foolish Nations, to the Westward ; and told you that the Waters of this River, a 528 MINUTES OF THE great way below this Place, were coloured with Blood ; you did not pay any regard to this, but asked us to accompany you dowu, which we did, iind felt the smart of our Rashness, and with difficulty re- turned to our Friends. We see you now about making Batteaus, and we make no doubt you intend going down the River again, which we now tell you is disagreeable to all Nations of Indians; and now again desire you to sit still at this Place. " They are also uneasy to see that you think yourselves Masters of this Country, because you have taken it from the French, who you know had no Right to it, as it is the Property of us Indians. — We often hear that you intend to fight with the French again ; if you do, we desire you will remove your Quarrel out of this Country, and carry it over the great Waters, where you used to fight, and where we shall neither see or know any thing of it. All We de- sire is to enjo}'- a quiet Peace with you both, and that we should be strong in talking of Peace. " We have now spoken to you from our Hearts, and hope We shall be strong in promoting a lasting Friendship. All We have to say to you now is to be strong, and let us agree to what We desire of each other. When you first talked of Peace to us you de- sired us to sit over the River, quietly at our Fires ; but our Women and Children were frightened away by the Noise you made in re- pairing your Fort, but, if you do as we desired you, they will re- turn wit!) out Fear. A Belt. " Brethren : " You have heard what we desired in our last Speech, and we hope you will comply with our Request, and not attempt to go down this River again, as the Nations who live that way are surprized to see you make a Practice of this at the same time that you were making professions of Friendship to us. We, therefore, desire you will put a Stop to your People going down this River till We have spoke to the Nations living in that Coun- try, which v/e intend fo do with the assistance of our Brothers, the Six Nations, and our Grand Fathers, the DeUwares. A String. '' Brethren : ''The Reason of our mentioning this Matter at this Time, is because we hope you will take pity on us, and do as we have de- sired you." Then Kissonaucththa, a Chief of the Shawanese, rose up, ami said : " Brethren : " We are glad to see you here, and that you are sent by the Governor of Pennsylvania to confer with us at this Council. It much rejoiced our Hearts to take you by the Hand on your Arrival, PROVINCIAL COUNCIL. 529 and We assure you that the several Nations now present are equally rejoiced with us on this Account, A String. " Brethren : "You have informed us that you arc sent by the Governor and wise Men of Pennsylvania, to hear whatever may pass at this Coun- cil; We are glad to hear you say you*had made the Road clear and smooth as you came along, and that you have brought to us the Chain of Friendship in your Hands, from our Brethren, the wise Men of Pennsylvania. This has dispersed the dark Clouds of Night which hung over our Heads ou account of many late Mis- fortunes which have happened, and brought to us the light of the clear Day, You have, no Doubt, heard of many bad Reports of Mischief, which have made an ill impression on your Minds against us ; we now remove them quite away, and make your Hearts easy like those of jatur wise Forefathers. We also clear the Road on our Parts, that when you set off you may travel it back with Plea- sure to your Council House at Philadelphia, which I Likewise sweep clean, that your wise men, when you return, may sit down in it with satisfaction and Comfort, and look back upon us, their Brethren, remembering that we have not forgot our antient Friendship. *' Brethren : " We have now, on all sides, cleared and made smooth the Road between you and us, and we desire you on your parts to be strong, and not suffer any of your Soldiers to Travel it, who carry sharp edged Weapons with them, as that may injure the Friendship sub- sisting between us." A Belt. Mr. Croghan then acquainted the Indians that the Commissioners of Pennsylvania and he would take the above Speeches into con- sideration, and Answer them to-Morrow. N. B. — This Afternoon fourteen Canoes arrived here containing thirty-eight Munsies and Mohickons, exclusive of Women and Children, who reside on the Heads of the West Branch of Susque- hanna, At a Conference held with the Indians at Fort Pitt, on Wednes- day the fourth of May, 1768, P. M. Present : the same as before. Thonissahgarawa, a Chief of the six nations, rose up, and ad- dressing himself to the Gentlemen and several Nations present, apologized for some difference which happened this morning among themselves, as it was the Means of preventing our Meeting them VOL. IX. — 31. 530 MINUTES OF THE in the Forenoon, and desired that their Brethren, the English, and the Tribes of Indians present, would take no Notice of it. A String. The same Chief then spoke as follows : ** Brethren: "I am sorry to hear what our Brethren, the Shawanese, said to you yesterday, as we did not (fepect that they would have made any mention of your keeping Possession of the Forts you have takea from the French, for it was agreed upon by the sis Nations, as well as all other Indians, that the French sbculd be driven out of this Country, and the Possession of all their Forts and Towns put into the Hands of our Brethren, the English, and the Iload of Peace Vi'as opened, from the Sun rising to the san-setting, for all Nations to Travel in. A String. Then Kayashuta, a Chief of the Senecas, got up, and laying down a Copy of the Treaty of Peace made by Colonel Broadstreet with the Indians iu the year 176-i, spoke as follows : " Brethren : " What our Chief hag just now mentioned to you is very true, and you will see by this Paper, that during the late unhappy Dif- ferences between us, we held a Treaty with Colonel Broadstreet, by which we agreed that you had a right to build Forts and tra- ding Houses where you pleased, and to Travel the Road of Peace from the Sun-rising to the Sun-setting. At that Treaty the Shawa- nese and Delawares were with me, and know all this well, and I am much surprized that the Shawanese should speak to you in the Manner they did yesterday. "The Commissioners then addressed themselves to the Sis Nations, and spoke as follows : " Brethren of the Six Nations : " It gave us great Pleasure to hear what you said the other Day to your Brother Onas, and We thank you in his NaiJie for the readiness you discovered in brightening and making Strong our antient Chain of Friendship. This will be very agreeable to him, as we know he is sincerely determined to continue to do the same on his Part. " Brethren : " We esteem it a Strong Mark of the Sincerity and Goodness of your Hearts, that you have opened them to us so freely and fully, as your Brother Onas earnestly desired you, that he might know what ever lay still concealed within your Breasts, which gave you any uneasiness. ■'■'■ Brethren : " You have candidly and publickly told us that you are now easy with respect to all former Losses you have suffered by our >Ieans, and that you will take no further Notice of such Things. PROVINCIAL COUNCIL. 531 This entirely corresponds with your strong professions of Friend- sliip. A String. ** Brethren : " You have also freely, and without Rc^-erve, informed us that the only Grievance which you nov7 have Reason to complain of, is the Settlement made on your Lands. We are glad, Brethren, we have now so good an Opportunity of acijuaiuting you, as well as the several Nations present, with the Mind of your Brother Onas, and the endeavours which have been used to do you Justice in this Respect. "Brethren : " We can assui-e you that nothing has given him more Concern than to find a Number of foolish People should dare to seat them- selves on Lands in this Province, which your good Friends the Pro- prietors have not as yet purchased from you. Governor Penn, therefore, as well from his own sincere and earnest inclinations to remove this Injury done you, as by the express Commands of Our great King George, issued Proclamations near Two Years ago, or- dering all Persons whatsoever, who had settled on your Lands, to remove without delay, and forbiding others from taking the least Possession of any under the severest Penalty of the Law. " Bi'ethren : "As the People who have settled on your Lands came chiefly from Virginia, the Governor of that Province likewise issued Proclama- tions and orders to the same Purpose^ The King's General too, (His Excellency General Gage,) hath twice sent up Parties of Sol- diers to the People living on Red-Stone Creek and the Mononga- hela to warn them off your Lands, and threatened them with seizing their Persons and Effects if they refused to move away. But Brethren, we are sorry to tell you that none of these Measures have had the desired Effect, and therefore. Governor Penn and his As- sembly,having still jour Interest greatly at Heart, passed a Law ia February last inflicting the Penalty of Death on all Persons who should continue on your Lands after the first Day of June next, and in order that the People who were settled on them might have timely and proper Notice of that Law, Governor Penn, near two months ago, sent to them four prudent and honest Men to distribute Copies of it among them, with a Number of Proclamations com- manding them to obey it strictly under the Penalty of Death, and also to read and explain them fully to the People. " Brethren : " Those four Men have lately returned home and reported to the Governor of Pennsylvania that they hud executed his orders, but that they were told by the People settled at and near Red-Stone Creek, that they had been encouraged by the Indians themselves to continue on those Lands j that, however, they are determined to 532 MINUTES OF THE obey the Law, and move off without delay. But, Brethren, we are sorry to tell you that, as soon as the Men sent by the Governor bad prevailed on the Settlers to consent to a compliance with the Law, there came among them eight Indians who live at the Mingo Town down this Eiver, and desired the People not to leave their Settlements, but to sit quiet on thera 'till the present Treaty at this Place should bo concluded. The People, on receiving this advice and encouragement, suddenly changed their Minds, and determined not to quit their Places 'till they should hear further from the Indians." The Indians then delivered to the Men sent by the Governor a String of Wampum, and a Speech, which they desired them to carry to the Governor. The Speech was this : " You arc sent here by your great Men to tell these People to go away from the Lands, which you say is ours, and our great Men have sent us, and we are glad to meet here the same Day. We tell you the White People must Stop, and we Stop them 'till the Treaty, and when George Croghan and our great Men shall speak together, we will tell them what to do." " Now, Brethren, we cannot help expressing to you our great Concern at this Behaviour of those Indians, as it has absolutely frustrated the Steps the Governor was taking to do you Justice, by the immediate removal of those People from your Lands. And we must tell you, Brethren, that the Conduct of those Indians appears to us very astonishing, and we are much at a Loss to account for the Reason of it at this Time, when the Six Nations are complain- ing of Encroachments being made on their Lands, You, your- selves, Brethren, must be very sensible that while any of the Indians encourage the People to stay on their Lands, it will inevitably de- feat all our Measures to remove them. But, Brethren, all that we have now to desire of you is, that you will immediately send off some of your Prudent and wise Men with a Message to the People settled at Red-Stone, Youghoghainy, and Monongahela, to contra- dict the advice of the eight Indians from the Mingo Town, and to acquaint them that you very much disapprove of their continuing any longer on their Settlements, and that you expect they v.-ill quit thera without Delay. '* If you agree to this, we will send an honest and discreet White Man to accompany your Messengers; and, Brethren, if after receiving such Notice from you, they shall refuse to remove by the Time limited them, you may depend upon it the Government will not fail to put the Law into immediate Execution against them." A String. The Commissioners then, addressing themselves to the Shawa- nese, spoke as follows : " Brethren : " In the first part of your Speeches Yesterday, you acquainted as that it was very disagreeable to you to see a Fort continued at PROVINCIAL COUNCIL. 533 this Place, contrary to your Expectations, and that you were very sorry to find a Number of Batteaus building here, in order to go down the River. With Regard to these things we can only say it is not a little surprising to us that you should mention them at this Time, as we have always understood that this Matter was settled with the Six Nations and all other Indians, several Years ago, and th^ir full Consent obtained for keeping Forts in your Country, as '.veil as for going down this River to Trade. But, Brethren, as we came here to confer wth you on Subjects which only relate to the Province of Pennsylvania, we have no concern in this Business. It is an Affair of our great King of England, and as such we must refer you for a more particular Answer to Mr. Croghan, who, you know, is appointed by His Majesty to transact his AiFairs with the Indians in this Country." The Commissioners then spoke to the Delawares, Shawanese, Munsies, Mohickons, and Wyaudotts, as follows : ^'Brethren : " We now return you thanks, in the Name of the Grovernor of Pennsylvania, aad in behalf of the good People of that Province, for the kind Manner in which you have received his Messages by us. We assure you it gave us great Pleasure to hear you declare in this Public Council, your hearty Concurrence with him in keep- ing fast hold of the Chain of Friendship, and your Determination to preserve it bright; and not to suffer any little Accidents to make a Breach in it. " Brethren : " It is a strong proof of the sincerity of your Hearts, that you have resolved entirely to forget all the past Mischiefs and Injuries which have been committed by the folly of our Wicked and rash young Men, and we now hope these things will never interrupt our future Peace and Happiness. "Brethren : " We also thank you for making the Road smooth between you and the People of Pennsylvania, by removing all the Obstructions that were in it, in such a manner that it may be travelled by all People with Ease and Safety. " Brethren : " It will give us much Pleasure when we return to Philadelphia, to communicate to the Governor all that has passed between us at these Conferences; and to assure him of your friendly Dispositions and upright Intentions, which you may depend on we shall faith- fully do '' A Belt. The Commissioners having finished what they had to say to the Indians, Mr. Croghan made them the following speeches : " Brethren, the Shawanese : " When you spoke yesterday to the Groveruor of Pennsylvania, you desired him to destroy this Fort, and not to pass down this 534 MINUTES OF THE Eiver, as it was bloody ; and said that our Warriors passing tbrougb your country, gave you and all other Nations great uneasiness in your Minds. You are the only Nation that has mentioned this Circumstance, and I must tell you that this Fort was built by the King's Orders, and that your Brother, the Governor of Pennsyl- vania, has no concern in this matter. " Brethren : '^ I well remember that when the French built a Fort here, and passed up and down this River, you did not desire them to destroy their Forts and leave your country. "We were at war with your old Fathers, the French, when we dnive them away and took possession of this Fort; after that we conquered them, which you well know, and when we came here the Six Nations agreed to it, and came]witli us^ and opeueda Boad of Peace through all this country, from the Sun- rising to the Sun-setting, both by land and Wat'^r, that we might talk in' Peace with all Nations of Indians to the Westward; and we thought the Six Nations had a Bight so to do, as we always under- stood that they were the Original Proprietors of this Country. " Brethren : ''When I was first going down this Biver, by Order of His Excellency General Gage, and the Honourable Sir William John- son, all the Nations now present agreed to it, and sent Deputies with me to promote the good Work of Peace with all Nations of Indians to the Westward, and to receive them into the Chain of Friendship subsisting between the King's Subjects, the Six Na- tions, and all others in Alliance with them, and to take them under His Majesty's most gracious Protection, which has been since done. It is very true, when v/e first went down, we met with a Misfortune- , from some of the Nations we were going to speak to, through the Instigation of the French, who then had an influence with those People to persuade them to do Mischief, but ever since that Time, those Nations have buhaved well to their Brethren, the English ; and after that unhappy Accident, by which we were Sufferers, Captain Murray and Mr McKee condoled with your Nation for your Losses, agreeable to the antient Custom of our I^^ore-fathers, and buried the Bones of our Deceased Brethren, whose Loss gave me great Pain of Mind ; and I did not expect to find their Bones Raked oat of the Gnund and brought into Council at this Time, especially as you must know that we were struck by the very Hatchet you yourselves put into their Hands to strike the English with. " Brethren : " By the late Treaty of Peace l)etween the King of Great Britain and the French King, the latter gave us Possession of all their Forts and Towns, as we had conquered them. You likewise took Notice Yesterday of our building Boats, and making Repairs to this Fort. I must tell you that the King, my Master, never made War on any Indian Nation in this Country; oq the Contrary^ PROVINCIAL COUNCIL. 535 Ke has always promoted Peace among you; an Instance of which you see in the Peace brought about between the Sis Nations and Cherokees. But ynu all well know that the French acted on dif- ferent Principles, by setting one Nation at War against another. This Conduct of theirs was not pleasing to the Six Nations ; they, therefore, requested the English to go with them, and Sir William Johnson, to drive the Friinch from Niagara, and put it into the Hands of the English, which you all well know they did; and since that Time our Warriors have passed through this Country from Fort to Fort, and back again, and no difference has happened between them and your People. I am, therefore, surprized, Breth- ren, to hear you want to stop the Road of Peace that hath been so long opened for all Nations, from the Sua risiag to the Sua setting. A Belt. " Brethren of the Six Nations, Shawanese, Delawares, Wyandotts, Munsies, and Mohickons, Give Attention to what I am going to say to you. " It gives me great Pleasure to And that the Measures taken by the Governor of Pennsylvania, and the wise People of that Pro- Tiuce, have proved so effectual and agreeable to your several Nations as to remove all Uneasiness from your Minds on Account of the many Accidents that have happened between your People and the King's Subjects in that Province, and that you have buried them 60 deep in the Earth that neither you nor your Children yet un- born, may ever call them to Rememberance. ■*' Brethren : " Your Fore-fathers lived in the strictest Friendship with the worthy Founder of that Province and the good People that came with him, and you have now renewed and brightened thtit antient Chain of Friendship with the Governor's Commissioners, in behalf of the King's Subjects in that Government. I now recommend it to your several Nations to hold fast by that Chain, and Act on the same Principles jour wise fore-fathers formerly did. A String. ^' Brethren : " You have all heard what the Sik Nations said to you by their Deputies, that they heartily repented of their own past ill Conduct towards their Brethren, the English, in Stealing Horses, and com- mitting otlier Abuses, and they have desired you, Brethren, to cast out all evil Thoughts from your Minds, and return any stolen Horses you may have amongst you, and think of Nothing for the future but promoting the good work of Peace between you and your good Brethren, the English. " Brethren : " The King of Great Britain, your Father, and my Master, takes Delight in promoting Peace among all Nations of Indians in this 536 MINUTES OF THE Country and his own Subjects, which you must be well acquainted with. You all Daily experience his Love towards You and hi& Pity for your Necessities, by the Favours yo« constantly receive from his OfEcers here and elsewhere, and I am sorry to say that your past Conduct shews a want of Gratitude in you to his Sub- jects. "Whenever the King makes Peace with any Nation he never violates his Engagements, though he always has it in his Power to chastize any People who dares be so hardy as to disturb the Tran- quility of their Neighboi-s ; But I now trust, Brethren, that your future Conduct will be such as may merit Plis Majesty's Esteem and Protection. " By this Belt, I now clear the l^oad of Peace and make it smoth and easy to Travel, from the Sun-rising to the Sun-Setting, that your Brethren, the English, and all Nations of Indians, may travel it with Pleasure, as one People, united in the strongest Chain of Friendship, that our Women and Children yet unborn, may mu- tually enjoy the Blessings of a lasting Peace. " Brethren of the Six Nations, who arc settled at the two Creeks : " I am sorry to hear from some of your Brethren, the English, that whenever any of them pass by your Village you take Rum and other things from them. You must be sensible this Conduct is very wrong and a Breach of your Engagements to us • I hope I shall hear DO more of it ; you have been desired three Years ago, by the Six Nation Council, to remove up this Biver nearer to their Country, and I now desire you will tnke that Message into your most serious Consideration, and do as they have directed you, which will be very agreeable to all your Brethren, the English." A String. Mr. Croghan having finished what he had to say to the Indians, the Commissioners addressed themselves to all the Nations present, and said : " Brethi'en : " We are now to acquaint you that by order of the Government of Pennsylvania, we deliver to you a present of Goods, to be dis- tributed among the several Tribes present, to Cloath your Women and Children, and we desire you will receive them as a Testimony of the Aifection and Regard which the Governor and good People of this Province have for you." The Commissioners then delivered the Presents to the different Tribes, amounting to One Thousand cmd Fifty Ponrah, Pennsyl- vania Currency, including the several private Presents made to the Chiefs and Warriors. This Evening arrived here Twenty-five Six Nation Warriors on their return from the Cherokee Country, and brought with them two Prisoners. PROVINCIAL COUNCIL. 587 At a private Conference held at Fort Pitt on Friday the sixth day of May, 1768, with all the Chiefs and principal Warriors of the Delawarcs^ Munsies and Mohickons. PRESENT : Mr. Croghan and the Commissioners. The Beaver rose up and spoke as follows, in behalf of the Dela- wares, Munsies and Mohickons. ''Brethren : " It gives us great pleasure that the Conferences are now ended, that the autient Chain of Friendship is now renewed and the Road wade smooth between our several Tribes and our Brother, the Gov- ernor of Pennsylvania. Every Thing you have said respecting the Folly of our young People in stealing your Horses and committing other Abuses, we have laid to our Hearts, and will take Care to pre- vent any such Misconduct in them for the future, and we desire, Brethren, you will take Care that none of your Young People steal any Horses from us, which they have frequently done." A Belt. He then addressed himself to the Commissioners, and said : ''Brethren : " We now speak to you on Account of Trade. The Traders who supply us with Goods come from your Province, and we do not take upon us to judge whether the Goods they sell us are Dear or not, as we are ignorant of what they cost them ; but we are certain from our own knowledge, that they do not allow us the same Price for our Skins and Furs as they did formerly, and hope you will speak to them to allow us a sufficient Price for our Peltry. A Belt. " Brethren : " The Country lying between this River and the Alleghenny Mountains, has always been our Hunting Ground; but the White People who have scattered themselves over it, have, by their hunt- ing, deprived us of the Game, which we look upon ourselves to have the only Right to, and we desire you will acquaint our Brother, the Governor, of this, and prevent their Hunting there for the future. A String. " Brethren : " We have now done speaking on Business, and every thing has been settled at this Conference to our Satisfaction, and We have agreed that two of our principal Warriors, named Quequedagduedo and Killbuck, shall accompany you to Philadelphia, in order to see the Governor, and bring us such Answers as he shall think proper to send Us respecting our Trade and Hunting Country." A Belt. 538 MINUTES OF THE To ■which the Commissioners replied: " Brethren : " We have already communicated to you and the other Nations, the several Steps taken by the Government to do you all Justice with respect to the Encroachments on your Lands, and we shall carefully report to the Governor every thing you have now said to VIS on this Head, that he may take such Measures as maybe judged most expedient to Satisfy you, and you may expect to receive his Answer As soon as a convenient Opportunity oifers." At a Meeting held at Fort Pitt, on Saturday the 7th of May, 1768, with the Chiefs and Principal Warriors of the Shawanese. PRESENT : Mr. Croghan, and the Commissioners. Kissinaughtha, a Chief of the Shawanese, addressed himself to the Commissioners, and said : " Brethren : ^ " When you spoke to us from the Governor, you desired us to speak from our Hearts, and tell you what gave us any Uneasiness of Mind. We considered your Speeches, and did so, which we find by your Answer was not agreeable to you. You tell us what we spoke to you did not belong to the Governor of Pennsylvania, but to the King. " Brethren : " We assure you that we are as well disposed to live in Friend- ship with our Bretliren, the English, as any other Nation in this Country, and will hold fast by the Chain of Friendship, now re- newed and brightened by our Brother Onas, as long as the Grass Grows or Waters run, with all our Brethren, the English." A String. The same Speaker addressed himself to Mr. Croghan, and spoke as follows : " Brother : " We are all very sorry that we should have said anything, the other day to our Brother Onas, that should give you or his Com- missioners any Offence, or our Brethren, the Six N:ttions. But as the Governor of Pennsylvania, in his Speeches, desired us to open our Minds, and to tell every thing that gave us any uneasiness, we were determined to do so. " Brother : " When you spoke to us the nest Day, you told us every thing that passed in the Time of War, as well as since, which is very true, and we acknowledge we were wrong, though we did not expect you would do as we requested. And from what you have told us, We PROVINCIAL COUNCIL. 53 9 know that it is not in the Power of any other Person hut the King, our Father. And though you say we were the only Nation that has mentioned this to you, we know that all other Nations of Indians ■wish, as well as we, that there were no Forts in this Country. "As to what we said about the Boats going down the River, we did not mean that they should not go, but desired you would not send them till we had time to go and Council with the Nations in that Country, as we have heard bad News from thence. And as to what we said about our People that were killed when you were taken Prisoner, we only mentioned it to shew you what a foolish People the Indians there are. It is very true, Brother, we did send a Hatchet to those Nations in Time of War, but it was sent to us from the Senecas to carry to them. " Brother : *' We now desire that you may forget what we first spoke to you about those things, and help us to some Council Wampum, as we are very poor, and we will immediately set out to talk to all the Nations in that Country, and take back from them all the Belts we sent them, and do every Thing in our Power to make the Road smooth & easy to Travel, and convince you that we are as much disposed to hold fast the Chain of Friendship as any Nation in this Country." A Belt. At a Meeting held at Fort Pitt, on Monday, the 9th of May, 1768, with the Chiefs and Principal Warriors of the Six Nations. . PRESENT : Mr. Croghan and the Commissioners. It was agreed upon by them to comply with the Request of the Commissioners in sending Messengers to the People settled at Red- stone, Youghioghauy, and Monongahela, to signifj' to them the great Displeasure of the Six Nations, at their taking Possession of the Lands there, and making Settlements on them ; and also that it is expected they will with their Families remove without further Notice. They accordingly appointed the White Mingo and the three Deputies sent from the Six Nation Country, to carry a Mes- sage to that Effect, and the Commissioners agreed to send Mr. John Frazer and Mr. John Thompson, to accompany them, with written Instructions in behalf of the Government of Pennsylvania. Monday 9th of May, 176S, P. M. The Indian Messengers having agreed to set out for Redstone Creek to-Morrow, the Commissioners, as an encouragement to them §49 MINUTES OF THE for the Trouble of their Journey, made them a present of some Bilack Wampum. They then desired Mr. Frazer and Captain Thompson to hold themselves prepared for accompanying the Indian Messengers iu the Morning, and wrote them a Letter of Instructions, which fol- lows in these words, viz : " Fort Pitt, the 9th of May, 1768. "Gentlemen : " The Six Nations, at the public Confei-ences held last Week, with them and other Tribes of Indians at this Place, renewed their Complaints of Encroachments being made on their Lands, and they have agreed, at our Instance, to send four Messengers to the People settled on the waters of the Monongahela and Youghioganey, to express their great Disapprobation of their continuing still there, and also to let them know that it is expected by the whole Confede- racy of the Six Nations, that they will remove from the Lands they have unjustly taken Possession of, without further delay. But as it is necessary, in order to enforce the Message from the Indians, and to see that it is properly and effectually communicated to the People, that some prudent Persons should accompany the Indian Messengers, we request that you will do us the Favour to under- take this Business. As soon as you arrive in the midst of the Settlement near Red- stone Creek, it will be necessary to convene as many of the Settlers as possible, to whom the Indians may then deliver the Message which shall be given to you in writing; and we desire you will leave a few copies of it with the principal People, that they may communicate the same to those who live at any considei'able Dis- tance from them. "We herewith furnish you with a Copy of the Speech delivered to us at this Treaty by the Six Nations, respecting the settlement of their Lands, which you will be pleased to read to the Settlers for their information. " You may then acquaint them, that they must be convinced by this Message and the Speech of the Sis Nations, that they have hitherto been grossly deceived by a few straggling Indians of no Consequence, who may have encouraged them to stay on their set- tlements, and that they will now be left without the least Pretence or Excuse for staying on them any longer. However we make no Doubt but before you reach Redstone many of the Families will have removed, in Obedience to the late Law passed in this Province, which has been read and fully explained to them by the Reverend Mr. Steele and the other Gentlemen who the Governor sent up to them in March last. " But should you find any of those inconsiderate People still ac- tuated by a Lawness and obstinate Spirit, to bid Defiance to the Civil Authority, you may let them know that we were under no PROVINCIAL COUNCIL. 541 Necessity of sending in the Name of the Governor any further no- tice to them, or of being at the Pains at making them acquainted with the real Minds of the Indians, to induce them to quit their settlements, for that the Powers of Government are sufficient to compel them to pay due obedience to the Laws, and they may de- pond upon itj they will be eifectually exerted if they persist in their Obstinacy. " You may likewise assui-e them, that they need not attempt to make an Offer of Terms with the Government respecting their Re- moval, as we hear some of them have vainly proposed to do, by saying they would go off the Lands immediately, on condition that they should be secured to them as soon as the Proprietary Pur- chase is made. It is a high Insult on Government for those Peo- ple even to hint such things. " The only Motives therefore, which excite us to make use of the present Expedient of sending you with Messengers from the Indians on this Occasion, is the compassionate Concern wo have for the dangerous Situation and Distress of those unhappy People, and the hopes we have that by this Means they may be convinced it is their true and best Interest to pay a due Submission to the Laws, by re- linguishing their Settlements without Delay. If any of them should talk of Petitioning the Governor for a Preference in taking up the Lands they have improved, you may assure them from us that it will be to no Manner of purpose till they have first complied with the Law. " We depend greatly on your Care and Prudence in executing this Business to our Satisfaction, and recommend it to you to be particularly careful that the Indian Messengers are treated with the greatest Civility and Kindness. When you return to Fort Bedford we beg you will write us an Account of your Proceedings. We wish you a Safe Return to your Families, and are with great regard, Gentlemen, '* Your most Obedient humble Servants, " JOHN ALLEN. " JOSEPH SHIPPEN, Junior. " To Messieurs John Frazer and William Thompson." Messieurs Frazer and Thompson being in Readiness with their Horses and Provisions for their Journey to Redstone-Creek, the Commissioners sent several times for the Indian Messengers,who at last came to the Fort and acquainted them that they had been seri- ously considering the Business they were going to be sent on, and it now appeared to them so disagreeable, that they could by no means consent to undertake it, and immediately returned the Wampum which had been given them. Upon being interrogated as to the Reasons of their declining to perform what they had consented to, they answered thai three of them were sent as Deputies by the Six Nation Council to attend the Treaty here; and having received no 542 MINUTES OF THE Directions from them to proceed any further, they chose to return home in Order to make lleport of what they had seen and heard at this Place; they further added that the driving "White People away from their settlements was a Matter which no Indians could with any satisfaction be concerned in, and they thought it most pro- per for the English themselves to compel their own people to re- move from Indian J^ands. After this refusal of the Indians who had been appointed to carry the Message from the Six Nations, the Commissioners iu vain at- tempted to persuade or procure others to execute the Business, though they used great Endeavours for that Purpose ; and they thought it both useless and imprudent to continue to press a Mat- ter on the Indians M'hich they found they were generally much averse to; and therefore, concluded to set out on their return to Philadelphia without further Delay. But in a short Time after- wards Kayashuta came with Arroas (a principal Warrior of the Six Nations) to the Commissioners at their Lodgings, where the former addressed himself to them in Etfect as follows, viz'- : '' Brethren : " I am very sorry to find that you have been disappointed in your Expectations of the Indian Messengers going to Redstone, according to Your desire, and our Agreement, and I am much afraid that you are now going away from us with a discontented Mind on this Ac- count. Believe me. Brethren, this Thought tills my heart with the deepest grief, and I could not suffer you to leave us without speak- ing to you on this Subject, and endeavouring to make your Minds easy. " We were, all of us, much disposed to comply with your Request, and expected it would have been done without diiliculty, but I now find that not only the Indians appointed by us, but all our other young Men, are very unwilling to carry a Message from us to the White People, ordering them to remove from our Lands. They say they would not chuse to incur the ill "Will of those People ; for if they should be now removed, they will hereafter return to their Settlements when the English have purchased the Country from us. And we shall be very unhappy, if, by our Conduct towards them at this Time, we shall give them Reason to dislike us, and treat us in an unkind Manner, when they again become our Neigh- bours. We therefore hope. Brethren, you will not be displeased at us for not performing our Agreement with you, for You may be assured that we have good Hearts towards all our Brethren, the English." The Commissioners returned Kayashuta many Thanks for his friendly Behaviour on this Occasion, and assured him that they greatly approved of the Conduct of the Indians during this Treaty, and were now returning home with very easy and contented Minds. They further acquainted him that their Reason for urging them to send a Message to the Redstone Settlers, proceeded entirely from PROVINCIAL COUNCIL. 543 the great Anxiety they had of contributing every Thing in their Power that might expedite the Measures taken by the Government to do them Justice, and to redress every Injury they complained of. Yet as they found the Compliance of their Request was disagreeable to the Indians, they could not press the Matter on them any further, though it appeared to be a Step very necessary to be taken at this Time. They then took leave of the Indians in the most friendly Manner, and set out on their Return to FMiiladelphia. The End of the Treaty held with the Indians at Fort Pitt. At 'a Council held at Philadelphia, on Friday the 15th of July, 17G8. present: The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. ^ Beniamin Chew, ) -c T •" rr-1 u r Esquires. James iilgham, j ^ The Governor being informed that a Negro Man was lately com- mitted to York County Gaol for Burglary, the Council advised His Honour to issue a Commission appointing David Jamison and Mar- tin Eikleburger, Esquires, Justices for holding Courts in that County for the Trial of Negroes, according to Law. The 23d of July, 1768. MEMORANDUM. Mr. John Pope of the County of York, being recommended to the Governor as a proper person to be in the Magistracy, His Hon- our, accordingly, by a special Commission, appointed him one of the Justices of the Peace and of the County Court of Common Pleas for the said County. At a Council held at Philadelphia, on Saturday the 6th of August, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, The Governor laid before the Board a Letter he had received from His Excellency Governor Franklin, dated the 29th of last Mouth, inclosing His Proclamation, and a Copy of a Deposition of Stephen 544 MINUTES OF THE Skinner, Esquire, concerning the Robbery of the Treasury of the Eastern Division of New-Jersey, on the 2'2d of July last, which were read, ami the same being taken into consideration, the Board advised His Honour to issue a Proclamation, enjoining and requir- ing all Officers of the Peace within the Province and lower Coun- ties, to use their utmost Endeavours to discover and apprehend the Perpetrator or Perpetrators of the said llobbery, and likewise to di- rect that the same be Published in the Pennsylvania Gazette, Journal, and Chronicle, and two hundred Copies thereof Printed and dispersed through the different Counties within his Govern- ments. The said Proclamation follows in these Words, Viz'-: " Bij tlm IlonnuraUe JOHN PENN, Esquire, Lieutenant Gov- ernor, and Conimander-'in-Cliirf of the Province of Pcnniiijlvania, and Counties of Nciccastle, Kent, and Sussex, on Delaware. "A PROCLAMATION. "Whereas, it appears to me by the Deposition of Stephen Skinner, Esquire, Treasurer of the Eastern Division of New-Jersy, transmitted to me by his Excellency Governor Franklin, that the House of the said Stephen Skinner, at Perth Amboy, was,in the Night of the twenty-first Day of July last past, robbed of Money to the Amount of seven Thousand Pounds, and upwards, by some Person or Persons unknown, Part of the snid Money being in Dollars, a small Part in Gold, and the rest chiefly in new Bills of Credit of that Province. " I have, therefore, by and with the Advice of the Council, thought fit to issue this Proclamation, hereby requiring and enjoin- ing all Judges, Justices of the Peace, SherifTs, and all other Offi- cers of the said Province of Pennsylvania, and Counties on Dela- ware, to use their utmost Endeavours to discover and apprehend the Perpetrator or Perpetrators of the said daring Villainy, and to secure the said Money, and for that Purpose strictly to examine all Persons who, from being possessed of an unusual Sum of New Jer- sey Currency, or from other Circumstances, there may be Reason to suspect being concerned therein. ^^ Given under my Hand and the Great Seal of the said Province, at Philadelphia, the sixth day of August, in the Eighth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and sixty-eight. "JOHN PENN. "By His Honour's Command. "Joseph SnipPEN, Junior, Secretary. "GOD SAVE THE KING." PROVINCIAL COUNCIL. 545 At a Council held at Philadelphia, on Tuesday the 6th Septem'"' 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor^, Richard Peters, Benjamin Chew, 1 j^g^^^i^gg Lynford Lardner, James Tilghman, j ^ The Governor laid before the Board a Transcript of a Record of Conviction of John Dowdle and Thomas Vaughan, at a Court of Oyer and Terminer and General Goal delivery, held at Chester, for the County of Chester, on the fifteenth day of August last, be- fore William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supream Court of the Province of Pennsylvania, and of the said Court of Oyer and Terminer, by which Record it appears that the said John Dowdle and Thomas Vaughan were legally Tried and Convicted of Felony and Murder, committed on the Body of a certain Thomas Sharpe, on the Thirty-first day oi March last, in the said County of Chester, and had each receiyed Sentence of Death for the same. The said Record being taken into consideration, and no Circumstances reported by the Judges in favour of the said Criminals, The Governor with the advice of the Board, issued a Warrant for their Execution, on Saturday the seven- teenth of September instant. Tuesday, the Thirteenth of September, 1768. The Assembly having met Yesterday pursuant to Adjournment, the Secretary waited on the House and acquainted them that the Governor being necessarily called into a Neighbouring Province to transact a Business of great Importance, had left a written Message for the Hou.=o^ which, by the Governor's directions, he then de- livered to tliem, and at the same time laid before them a Letter from the Right Honourable the Earl of Hillsborough, His Ma- jesty's Secretary of State for America, dated with its Inclo- sure, which Message and Letter are respectively as follow, Viz*-; A Message/rom the Governor to tlie Assemhli/. *' Gentlemen : " As I am obliged to attend a Treaty shortly to be held with the Indians at Fort Stanwix, for the important purpose of settling a general Boundary Line between them and this, and the neighbour- ing Colonies, it will not be ia my Power to meet you at the Time to VOL. IX. — 35. M6 MINUTES OF THE which yon last adjourned. But, it being not usual at this SeaaoB to- enter upon any other Business than the Ssttlement of the Publie AccomptS; I am in hopes my absence will not prove in any sort det- rimental to the Interest of the Province. " I have ordered the Secretary to lay before you a Letter which I received since the last Session, froia the Bight Honourable the Earl of Hillsborough, His Majesty's Secretary of State for America^ which I recommend to your most Serious Consideration, and doubt- not but you will conduct yourselves on the Occasion in such a man- ner as to confirm our Gracious Sovereign in the favourable Opinion he is pleased to entertain of you. " JOHN PENN. "September the 7th, 1768." A Letter from tlie Earl of HUhljoroTigJi, to the Governor. Whitehall, Apial 21st, 1168. « Sir : " I have his Majesty's Commands to transmit to You the inclosed Copy of a Letter from the Speaker of the House of Bepresentatives- of the Colony of Massachusets Bay, addressed, by order of that House, to the Speaker of the Assem,bly of each Colony upon the Continent of North America. "As His Majesty considers tliis Measure to be of a most dan- gerous and factious Tendency, calculated to inflame the Mi»ds of his good Subjects in the Colonies, to promote an unwarrantable Combination, and to excite and encourage an open Opposition tO;, and Denial of the Authority of Parliament, and to subvert tW true Principles of the Constitution, it is His Majesty's Pleasure that you should immediately upon the Beceipt of this, exert your utmost Influence to defeat this flagitious Attempt to disturb the Public Peace, by prevailing upon the Assembly of your Province to take DO Notice of it, which will be treating it with the Coutompt it de- serves. " The repeated Proofe which have been given by the Assembly of Pennsylvania, of their Beverenee and Bespect for the Laws, and of their faithful Attachment to the Constitution, leave little room in His Majesty's Breast to doubt of their shewing a proper Besent- ment of this unjustifiable attempt to revive those Distraetions which have operated so fatally to the prejudice of this Kingdom and her Colonies, and accordingly, His Majesty has the fullest Confidesce in their Affections } but if, notwithstanding these Espectationa, and your most earnest Endeavours, there should appear in the Assembly of your Province a disposition to receive or give any Coantenance PROVINCIAL COUNCIL. 547 to this Seditious Paper, it will be your Duty to prevent any pro- ceeding upon it^ by an immediate Prorogation, or Dissolution. '' I am, with great Truth and Regard, Sir, " Your most Obedient, humble Servan*., ''HILLSBOROUGH" " Deputy Governor of Pennsylvania." Thursday the 15th of September, A. M. The Secretary waited on the Assembly, in Obedience to Orders he had received from the Governor, and laid before them for their Perusal a Copy of the Conferences held at Fort Pitt with the Indians in May last. At a Council October, 1768. held at Philadelphia, on Tuesday the 4:tb of PRESENT The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Lynford Lardner, ) Fsouirea William Logan, Thomas Cadwallader, 5 The President laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, Berka^ Lancaster, and New Castle, which, being duly considered, the fol- lowing Persons were appointed and Commissionated as Sheriffs and Coroners for the respective Counties, viz'- : Joseph Redman, Caleb Cash, John Morton, Joseph Gibbons, Joseph Ellicott, James Wallace, Jacob Shoemaker, Jame Whitehead, Junior, James Webb, Junior, Mathias Slough, John Thomson, William McClay, r, ^ ' (- Philadelphia County. Coroner, > f'''^' J Chester Coroner, 3 l^'''^' ^ Bucks Coroner, 3 Sheriff, > Berks Lancaster Coroner, Sheriff, Coroner, Sheriff, \ New Castle Coroner, J)0 D^ D' D* jy, 548 MINUTES OF THE At a Council held at Philadelphia, on Thursday the 6th of October, 1768. PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Lynford Lardner, > Esquires. William Logan, Thomas C;idwallader, 5 The Keturns of Sheriifs and Coroners for the Counties of North- ampton, York, Cumberland, Kent, and Sussex, being now made, the President, with the Advice of the Council, appointed and Commis- sionated the following Persons as Sheriffs and Coroners for their respective Counties, Viz'- : John Jennings, Sheriff, } ^j xi „ i.„ n «^,r -n 1, . T x.-^ n {■ Northampton County, ilobert Lattimore, Coroner, 3 George Eiehelberger, Sheriff, } y , -pv,. Joseph Adlum, Coroner, 3 David Hoge, Sheriff, ? p, i, 1 j Tko ^j.,,. ^ ' „ '5- Cumberland D vVilham Denny, Coroner,^ James Wells Sheriff, . ^^^^ j^. bolomon Wallace, Coroner, \ Boaz Manlove, Sheriff, j g^ggg^ D^. Gecrgc Walker, Coroner, 3 At a Council held at Philadelphia, on Tuesday loth of December, 1768. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &c"- The Governor laid before the Board Three Records of Convic- tion, which being read, it appears by one of the said Kecords, that at a Court of Oyer and Terminer and general Goal Delivery, held at York for the County of York, on the eighteenth Day of No- vember last, before John Lawrence and Thomas Willing, Esqires, Justices of the Supream Court of the Province of Pennsylvania, and of the said Court of Oyer and Terminer, John Shannon was Tried and convicted of Felony and Burglary, committed in the dwelling House of William Scott, in the township of Berwick, and County aforesaid, on the fifteenth of October last, and hath receiv- ed sentence of Death for the same. By another of the said Records it appears that at the said Court of Oyer and Terminer and General Goal Delivery, held the eigh- teenth of November last, before the said Justices, Henry Fisher alias Weaver, was tried and Convicted of Felony and Burglary, PROVINCIAL COUNCIL. 549 committed in the Dwelling House of James M'Gaughy, in the Township of Cumberland, and County of York, on the twenty third of Jaly last, and hath received Sentence of Death for the same. By the other of the said Records, it appears that at the said Court of Oyer and Terminer and General Goal Delivery, held on the eighteenth and nineteenth Days of November last, before the said Justices, Henry Smith and Mary Kennedy were Tried and Convicted of Felony and Murder, committed on the Body of Baltzer Klotzer, in the Township of Manchester, and County of York, on the twelfth of July last, and have received Sentence of Death for the same. The said Records being taken into Consideration, and the said Justices having recommended to the Governor the two first men- tioned Criminals as objects of his Mercy, the Governor, with the Advice of the Board, granted the said John Shannon and Henry Pisher, alias Weaver, a Pardon, and issued a Warrant for the Ese- cutiou of Henry Smith and Mary Kennedy, on Saturday the twenty-fourth of December instant. [Here follows 45 Blank Pages in Council Book, after which ap- pears the following :] Chamber, and required their attendance, that he might pass the Bills which had been agreed on. The whole House attending ac- cordingly, the speaker presented to the Governor ten Bills iatitled as follow, viz. : " An Act to repeal an Act entituled 'An Act to enable the In- habitants of the Borough of Lancaster, in the County of Lancaster, to raise money on themselves for supporting a Nightly Watch in the said Borough, & for other purposes therein mentioned." "An Act to prolong the timfe limited for drawing the Lottery in- stituted and directed to be drawn in and by virtue of an Act enti- tuled 'An Act for raising by way of Lottery the sum of £3003, 15, dtca.' " " An Act directing the choice of Inspectors & for holding the General Elections in this Province." " An Act for the better employment, relief and support of the poor within the City of Philadelphia, the district of Southwark, the Townships of Moyaminsink, & Passyunk, & the Northern Liber- ties." " A Supplement to the Act, entituled ' An Act to continue an act entituled An Act for regulating and continuing the Nightlj Watch, and enlightening the Streets, Lanes and Alleys of the City of Philadelphia, &ca.' " " An Act to prevent cutting or damaging the Ropes used by the Ferrymen on Schuylkill, or elsewhere within this Province." "An Act to prevent the destruction of small Rock Fish, & the taking Oysters & bringing them into this Province out of Season." 5^0 MINUTES OF THE " An Act for appointing Wardens for the Port of Philadelphia, & for the regulating Pilots Flying in the River & bay of Delaware, & the price of Pilotage to and from the said Port." A supplement to the Act entituled "A supplement to the Act entituled ' An Act for regulating, pitching, paving & Cleansing the^ Highways, Streets, Lanes and Alleys of the City of Philadelphia, &ca.' " A Supplement to the Act entituled a "Supplement to the Act entituled * An Act for erecting a Light House at the Mouth of the Bay of Delaware, at or near Oape Henlopen, &c.' " Which Bills the Governor was pleas'd to enact into Laws anci signed a Warrant for affixing the Great Seal thereto, and they were ordered to be afterwards deposited in the Rolls Office. The Speaker then acquainted the Governor that the House hacS agreed to adjourn to Monday the 5th day of May next, and at the same time presented to His Honour a Certificate for £500, for which he returned thanks to the House. Monday, 3d March, 1766. Yesterday Morning the Speaker of the Assembly delivered to the Provincial Secretary a Written Order to issue a Writ for the Elec- tion of a new Member of Assembly for Chester County, which fol- lows in these words, viz'- : " In Assembly, " February 8th, 1766. ^' Pennfylva., ss. : " By a Resolve of the Assembly of this day, I am empowered & directed to order the Provincial Secretary that he do i?sue a Writ to the Sheriff of the County of Chester, for the Election of a Mem- ber to serve as a Representative in this Assembly for the said County of Chester, in the room of John Fairlamb, Esq'- lately deceased. "Therefore, by virtue of the said Resolve, and in pursuance of an Act of Assembly of this Province in that case made & provided, I do Require that a Writ be issued to the Sheriff of the said County, for the purpose aforesaid, according to the directions of the Said Law. "JOS. FFOX, Speaker. " To Joseph Shippen, Esq'- Provincial Secretary." PROVINCIAL COUNCIL. §51 Tuesday, 4th March, 1766. Tli€ Secretary communicated to the Governor the above Order of the Speaker, & a Writ was accordingly issued this day to Philip Ford, Esquire, the Sheriff of Chester County. At a Council held at Philadelphia, in the Council Chambefj on Wednesday the 4lh of January, lV'69. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, ^ca. Lynford Lardner, | -p James Tilghmaa, j ^ A Committee of the Assembly waited on the Governor Yesterday, and acquainted him that a quorum of the House had met pursuant to Adjournment, and that as the Governor's Absence from the Pro- vince had deprived them of an Opportunity of presenting their Speaker to him at their last sitting, they now desired His Honour would be pleased to appoint a Time for that purpose. The Gover- nor having accordingly agreed the receive to House with their Speaker this Forenoon, sent the Secretary with a Message to the House to acquaint them that he attended his Appointment in the Oouncil Chamber. The whole House then waited on the Gover- nor, and presented Joseph Galloway, Esquire, as their Speaker, who, being approved, claimed the usual privileges in the Name and Behalf of the House, which His Honour was pleased to say were essential to a Representative Body, and the House might de- pend on his protection in them. At a Council held at Philadelphia, on Friday 13th of January, 17G9. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor,' &ca. Richard Petters, Benjamin Chew, \ t<.„^, •_„ James Tilghman. . [ i^sqmres. The Governor laid before the Board, for their Consideration, the following Letter, which he received last Summer from the Right Honourable The Earl of Hillsborough, His Majesty's Secretary of State for the American Department, bearing Date the 15th of April, 1768: 552 MINUTES OF THE A Letter to the Governor from the Right Hon'ble the Earl of Hillsborough. " Circular. — [No. 7.] " Whitehall, April 15tli, 1768. " Sir : " I have the Satisfaction to acquaint You that, in Consequence of a Report made to His Majesty by the Lords of Trade, the Plan for the management of Indian affairs, adopted by the Superintendants^ has been fully laid before His Majesty. " Upon mature Consideration of the present Regulations, the great Expence of the Variety of Establishments for exceeding the Value of the Object, and the Difficulties which have attended the Execution of the Plan in general, for want of a due Authority in the Superintendants, His Mnjesty has thought fit that it shall be laid aside, and that the Regulation of the Trade shall be left to the Co- lonies, whose Legislatures must be the best Judges of what their several Situations and Circumstances may require ; that the Office of Superintendant shall, however, be continued for such matters as are of immediate Negotiation between His Majesty and the Sav- ages, and cannot, therefore, be regulated by Provincial Authority, and that the boundary Line between the Indians and the Settle- ments of His Majesty's Subjects, every where negotiated upon, and in many Parts settled and ascertained, shall be finally ratified and confirmed. " As the Grounds and Reasons for these several Resolutions are in general, set forth in the Report of the Board of Trade, and as that Report will inform you what will be expected and required of the Colonies, and what will hereafter be the Nature of the Office of Superintendant, I have thought fit to send you the inclosed Extract of such Parts of it as relate to these Objects; and I have it further in Command from his Majesty to acquaint you that, in consequence of the Resolutions His Majesty has taken for. the future Direction of this Branch of his Service, He has given the necessary Orders to the Commander-in-Chief of his Forces for the Reduction of all such Posts in the interior Country as are not absolutely necessary for Public Safety in general, and for giving Protection and Facility to the Commerce of his Subjects. But as the Forts of Niagara,, the Detroit, and Misilimackinac, do not appear to His Majesty to fall within this Description, His JIajesty has thought fit that they shall be continued, and that a proper Navitl Force shall be kept up upon the Lakes. "The objects which upon this Occasion will principally demand the Attention of the several Colonies, arc, to provide by the most effectual Laws, for preventing any settlements being made beyond the line that shall be agreed upon with the Indians, and for the Controul and Punishment of those atrocious Frauds and Abuses PROVINCIAL COUNCIL. 553 "which have been practised by the Traders, and have been one prin- cipal Cause of the Disaffection of the Savages. " It is unnecessary for me to use any Arguments to show how greatly both the Interests and safety of the Colonies depend upon a close attention to these Objects j and, as many of the Regulations of the present Plan of Superintendency have evidently operated to the. Benefit of the Trade, and to the giving that satisfaction and Content to the Savages by which alone the colonies can hope to derive either immediate Profit or lasting Peace, His Majesty trusts that they will be adopted, as far as local Circumstances and peculiar Situations will admit, always having Regard to that Freedom of Trade with the Indians which His Majesty has graciously granted to all His Subjects by His Proclamation of 1763. "As the Execution of the Measures which His Majesty recom- mends to your Attention, will principally depend upon the Nature and Extent of the Reduction which the Commander-in-Chief of His Majesty's Forces shall think proper to make of the Military Establishments in the interior Country, His Majesty has given the necessary Directions that he should communicate to you, as soon as possible, the arrangements proposed to be made in respect to these Establishments; and His Majesty trusts that, after such Inti- mation, no 'I'ime will be lost in carrying His Royal Intentions into full Execution. " I have the greater Satisfaction in communicating to you His Majesty's Directions upon this Subject, as I conceive that his Ma- jesty's gracious Condescension in committing the Reg^^lation of these important Objects to the Care of His Colonies, cannot but be very acceptable to them. " I am, with great Truth and Regard, <' Sir : " Your most Obedient humble Servant, " HILLSBOROUGH. " Deputy Governor of Pennsylvania." The Board having taken the said Letter into Consideration, were of Opinion that its Contents should be communicated to the As- sembly by a Message ; and that the Governor should recommend it to them to frame such Laws as effectually to comply with His Majesty's pleasure therein signified; and further, to acc(uaint the House with the result of the Treaty lately held by Sir William Johnson at Fort Stanwix, respfecting the General Boundary Line established between the Indian Country and the Colonies. $54 MINUTES OF THE At a Council held at Philadelphia, Mouday 16th January, 1769, , " PRESENT : The Honourable JOHN PENN, Esq'-, Lieutenant Governor, &^- Kichard Peters, Lynford Lardner, ) -p, William Logan, James Tilghman, ^ The Letter from the Earl of Hillsborough, of the 15th of April last, was again read, and the Draft of a Message to the Assembly being prepared, was laid before the Board and approved,, and the Secretary was directed to Transcribe the same and carry it to the House this afternoon, with the Report of the Board of Trade, to which it refers. The said Message follows in these Words, Viz'-: A Message from the Governor to the Assembly. *' Gentlemen : "I have the pleasure to acquaint you that at a General Congress held last Fall at i'ort Stanwix, by Sir William Johnson, His Maj- esty's Superintendant for Indian AiFairs in the Northern District, with the Indians of the Six Nations, and their Nephews, the Dela- wares and Shawonese, a General Boundary Line was happily set- tled between those Indians and His Majesty's Middle Colonies, and that a Purchase was made by the Proprietaries of this Province, of a large Tract of Country lying within the General Boundary, and contained within the following Limits, Viz'- : ^^ Beginning in the said Boundary Line, on the East side of the East Branch of the Biver Susquehanna, at a place called Owegy, and running with the said Boundary Line down the said Branch, on the East side thereof, till it comes opposite the mouth of a Creek called by the Indians Jlwandae, and across the River, and up the said Creek on the south side thereof, and along the Range of Hills called Bur- nett's Hills by the English, and by the Indians on the north side of them to the Head of a Creek which runs into the West Branch of Susquehanna, which Creek is by the Indians called Tiadaghlon, and down the said Creek on the south side thereof, to the said West Branch of Susquehanna; then, crossing the said River and running up the same, on the South side thereof, the sev- eral Courses thereof, to the Fork of the same River, which lies nearest to a place on the River Ohio, called Kittanning , and from the said Fork, by a strait Line to Kittanning, aforesaid, and then down the said River Ohio, by the several Courses thereof, to where the western Bounds of the said Province of Pennsylvania crosses the same River; and then, with the said Western Bounds to the south Boundary thereof, and with the south Boundary aforesaid, to the East side of the Meghany Hills, and with the same Hills, on PROVINCIAL COUNCIL. the East side of them, to the West Line of a Tract of Land pur- chased by the said Proprietaries from the Six Nation Indians, and confirmed by their Deed, bearing Date the twenty-third Day of Oc- tober, one thousand seven hundred and fifty -eight; and then with the Northern Bounds of that Tract to the River Susquehanna, and crossing the River Susquehanna to the Northern Boundary Line of another Tract of Land purchased from the Indians, by Deed bear- ing Date the twenty-second Day of August, one thousand seven hundred and forty-nine ; and then, with that Northern Boundary Line to the River Delaware, at the North Side of the mouth of a Creek called Lechawacsein, then up the said River Delaware, on the West Side thereof, to the Intersection of it by an East Line, to be drawn from Owegy aforesaid, to the said River Delaware, and then, with that East Line to the Beginning, at Owegy aforesaid." " I am also to inform you, that The Right Honorable the Earl of Hillsborough, His Majesty's Secretary of State for the Ameri- can ! Department, hath signified to me that His Majesty, in his Wisdom, has been pleased to alter part of the Plan heretofore adopted for the management of Indian Affairs, and to Order that the Regulation of the Indian Trade shall be left to the respective Colonies, whose Legislatures must be the best Judges of what their several situations and Circumstances may require ; And as the un- just settlements made on the Lands unpurchased of the Indians, and the abuses committed by the Traders, were the principal Causes of the Disaffection of the savages, it is His Majesty's Royal Ex- pectation that a due attention will be given by the Colonies to these important Objects, and that they will frame proper and ade- quate Laws, not only for preventing any settlements being made on the Indian Lands beyond the General Boundary Line, but also for the Controul and Punishment of those atrocious Frauds which have been practised by the Indian Traders, " As the Grounds and Reasons of His Majesty's Resolutions upon these Subjects, are in General set forth in a Report of the Board of Trade, transmitted to me by the Earl of Hillsborough, which points out what His Majesty expects of the Colonies in these matters, and explains what will be hereafter the Nature of the Office of Superintendant, which is not wholly to be laid aside, I have ordered the Secretary to lay that Report before you. " I am persuaded, Gentlemen, I need not labour to convince you of the reasonableness of His Majesty's Expectations, nor to shew how greatly both the Interests and Safety of the Colonies depend upon a close Attention to the Objects recommended ; nor can I doubt of your earnestly setting about, and prosecuting with all possible Dispatch, a work of so much Consequence to the Colonies in General, and this Province in Particular. « JOHN PENN. " January the IGth, 1769." 556 MINUTES OF THE James Webb, of the county of Lancaster, appeared at the BoartJ, and acquainted the Governor that he declined acting any longer as Barrack-master of the Barracks at Lancaster, and was ready to de- liver them, with everything contained in them, into the Charge of such Person as the Governor should be pleased to appoint Barrack- Master in his Room. The Governor accordingly named James Balph, Esquire, Chief Burgess of the Borough of Lancaster, for that Office ; and ordered a Commission to be issued to him forth- with. The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled '' A Supplement to ' an act for erecting part of the Counties of Philadelphia, Chester, and Lancaster, into a separate County;'" and "An Act for the preventing Frauds and abuses in Gold and Silver Wares, made and sold in this Province;" both which were read and referred to a further Consideration. At a Council held at Philadelphia, on Thursday the 19 th Janu- ary, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c»- Benjamin Chew, Lynford Lardner, James Tilghman, Esquires. " The Board resumed the Consideration of the Assay Bills and the Supplementary Bill to the Act for erecting part of the Coun- ties of Philadelphia, Chester and Lancaster into a separate County ; and after some Time passed thereon, referred them to a further Consideration. " The Secretary laid before the Board a Return of a Road laid out and Surveyed pursuant to an Order of Council of the 30th of January, 1768, by the Persons therein appointed, from the Town of Reading, through the County of Berks, to a part of the River Susquehanna, lying above the mouth of Maghannioy Creek, and on the South Side of Maghannioy Mountain, which was read, and follows in these Words, viz'- : '•' To the Honour able JOHN PENN, Esquire, Lieutenant Gover- nor and Commander-in-Chief of the Province of Pennsylvania and Counties of Neio- Castle, Kent, and Sussex, on Delaware, &ca. We, the subscribers, do humbly Certify to your Honour, that in Obedience to the Order of your Honour, and the Council hereunto annexed. We have viewed the Road therein mentioned. And have laid the same out, according to the Courses and Distances following, Viz'-: PROVINCIAL COUNCIL. WT " Be^ finnin g at the East End of Penn Street, in the Town of Reading, and Couni ty of Berks, and extending thence through the same to 1 the Banks 1 of the River Schuylkill, West 340 Perches j Thence, Degrees. Perches. S. 87 W. 33 perches across said River Schuylkill. S. 60 W. 44 N. 83 W. 223 S. 75 w. 506 to George Krick's. s. 88 w. 684 Sinking Spring Town. N; 85 w. 45 N. 80 w. 218 Coecoosing Creek. N. 68 w. 37 N. 84 w. 170 w. 214 N. 71 w. 110 N. 75 w. 244 Jacob Rherers. N. 60 w. 260 N. 55 w. 64 John Echards. N. 53 w. 168 N. 45 w. 362 through Mr. Allen's land. N. 62 w. 152 N. 64 w. 120 to Yost Fisher's. N. 74 w. 306 to Benjamin Weiser's. N. 60 w. 344 through Middle Town to the end of Sec- ond Street. N. 20 E. 33 up Second Street. N. 28 w. 126 N. 5 w. 118 to Tulpehoccon Creek. N. 19 w. 60 N. '7 t w. 114 N.' 16 w. 115 N. 15 w. 91 N. 11 E. 134 N. 11 w. 141 to John Rice's Tavern. N. 30 w. 119 N. 22 w. 254 N. 49 w. 70 Nicholas Kinser's. N, 29 w. 156 N. 13 w. 354 N. 23 w. 124 N. 15 w. 60 N. 30 w. 80 N. 8 w. 14 N. 46 w. 36 N. 42 w. 46 N. 57 w. 74 N. 75 w. 104 Godfred Rherer's Tavero 558 MINUTES OF THE Degrees. Perches. N. 80 W. 32 N. 89 W. 206 N. 81 W. 64 N. 87 w. 42 W. 116 N. w. 46 to Sweet Arrow Creek. N. 20 w. 26 N. 48 w. 34 Henry Derr's House. N. 24 w. 26 N. 59 w. 26 N. 66 w. 77 N. 19 w. 246 N. 85 w. 59 N. 48 w. 124 N. 47 w. 66 N. 72 w. 117 N. 50 w. 20 N. 60 w. 23 N. 20 w. 16 N. 50 w. 57 N. 32 w. 266 N. 52 w. 60 Fort Henry. N. 85 w. 10 N. 46 w. 58 N. 33 w. 66 N. 10 E. 48 N. 34 E. 38 N. I 1. 20 to the lower end of the Dugg Road. N. 68 w. 36 N. 51 w. 11 N. 18 w. 16 N. 85 w. 14 N. 25 E. 108 on the Bridge of the Kittanning mountain. N. 55 w. 150 to the foot of the Hill. N. 23 w. 342 Swanger's Saw Mill. N. 10 E. 12 N. 23 VV. 62 N. 12 W. 60 at 10 P S to a Branch of Sweet Arro. N. 41 W. 72 N. 22 W. 110 N. 43 w. 80 N. 75 w. 182 ' N. 16 E. 20 to a Second Branch of Sweet Arro= N. 10 W. 68 Jacob Metz's. N. 32 W. 470 the old feeding place. N. 43 W. 121 N. 25 w. 78 up Sweet Arro. PROVINCIAL COUNCIL. 559 Degrees. Perches. N. 56 W. 21 N. 41 w. 20 N. 22 w. 53 N. 23 w. 36 Sweet Arrow Crossed. N. 16 w. 40 N. 44 w. 40 N. 85 w. 44 N. 44 w. 28 Wesi t 204 N. 74 w. 53 N. 43 E. 59 on the broad Mountain. N. 36 W. 128 N. 69 w. 40 N. ~ 6 w. 134 N. 10 E. 22 N. 32 W. 60 at 48 P S. the old Path to Likens' VaL ley. N. 22 W. 222 N. 39 W. 64 N. 10 E. 52 to a Branch of Sweetarro. N. 36 W. 241 on the top of the highest Rise, N. 72 W. 253 N. 9 W. 45 to a noted Spring by y' old path. N. 19 E. 16 N. 15 W. 25 N. 24 W. 18 N. 49 W. 8 N. 60 W. 27 N. 67 W. 14 N. 76 W. 60 to the foot of a j' broad Mountain. N. 58 w. 540 W. 432 s. 75 w. 280 s. 71 w. 121 s. 84 w. 132 N. 88 w. 227 N. 85 w. 46 N. 45 w. 99 to Deep Creek. S. 81 w. 37 Jacob Miller's place. N. 65 w. 23 N. 49 w. 158 N. 84 w. 689 N. 68 w. 18 N. 47 w. 20 N. 81 w. 46 S. 72 w. 61 to Oderwelder's Place. N. 77 w. 93 560 MINUTES OF THE De2;rees. Perches. S. 88 W. 172 N. 66 W. 164 To Pine Creek, at the Gap. n; 5 E. 56 N. 4 W. 84 N. 10 E. 96 N. 4 E. 112 N. 43 W. 40 to Spread Eagle. N. 26 w. 58 Maghontonga Creek. N. 74 w. 48 N. 55 w. 52 N. 10 w. 106 N. 32 w. 168 North 77 N. 10 w. 50 N. 52 w. 47 N. 87 w. 256 S. 57 w. 61 N. 87 w. 336 N. 81 w. 129 S. 84 w. 103 N. 70 w. 46 to a branch of Swober Creek. N. N. 12 w. 64 30 N. 42 w. 48 N. 89 w. 328 S. 84 w. 26 N. 65 w. 64 N. 12 w. 42 N. 30 E. 36 N. 67 w. 54 S. 70 w. 52 N. 84 w. 48 N. 60 w. 124 N. 5 E. 47 N. 38 w. 132 N. 50 w. 58 N. 70 w. 39 S. 89 w. 12 N. 55 AV. 45 N. 13 w. 58 N. 20 w. 120 N. 35 w. 93 N. 10 w. 116 N. 10 E. 30 to Maghonnoy Creek. N. 20 W. 104 to a White Oak on the Bank of Susque^ hanna River, & South Side of the Maghannioy Mountain. PROVINCIAL COUNCIL. 561 " Which Road We beg leave to return to Your Honour and Council, agreeable to the Directions of the said Order. " Witness our hands. "JONAS SEELY, "JOHN PATTON, "PREDERICK WEISER, "BENJAMIN SPYCKEll, "CHRISTIAN LAUR, "THOxMAS JONES, Junior." The Board taking the said Return, and Draft of Survey accom- panying it, into due Consideration, and it appearing that no Objec- tion had been mude to any part thereof, do approve and confirm the Road, as in the said Return mentioned, which is hereby declared to be the King's Highway, or Public Road. And it is Ordered that the same be forthwith opened and cleared, according to the Courses and Distances abuvesaid, and rendered commodious for Public Service. At a Council held at Philadelphia, on Saturday the 21st of Janu- ary, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c»- Benjamin Chew, ? t^ T rpi u r Jbisquires. James iilgnman, 3 ^ The Governor laid before the Board a Bill sent up by the House for his Concurrence, entituled " An Act for regulating, Pitching, Paving, and cleansing the Highways, Streets, Lanes, and Alleys, and for regulating, making, and amending the Water Courses and Common Sewers within the Inhabited and Settled Parts of the City of Philadelphia, for raising money to defray the Expences thereof, and for other Purposes therein mentioned," Which was read and considered, and the following Amendments being made thereto, it was ordered to be returned *o the House with the same. • Amendments, Viz'-: " Page 3, Line 4. Dele the Name [Joseph Swift] and instead thereof insert [John Mifflin]. " Same Page. — Dele the Name [Joseph Swift] interlined be- tween the 13th and Antepenult Lines, and Instead thereof inseri the name [John Mifflin]." " Page 20, Penult line. — After the first word [of] add the Words |_the Mayor or Recorder and four of the Aldermen with]." VOL. IX. — 36. 562 MINUTES OF THE " Page 51, Antepenult Line. — Instead of [remomoved] say [re- moved]." " Page 81, Line 6. — After the word [Recorder] insert the word [and]." " Page 86, Line 10. — Dele the word [generally] and insert the word [greatly]." " Page 98, Line 2d.— Dele the word [of] At a Council held at Philadelphia, on Tuesday the 24th of Janua- ry, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c='- Richard Peters, Lynford Lardner, "l William Logan, James Tilghman, l> Esquires. Benjamin Chew, J The Governor laid before the Board a Bill sent up by the As- sembly for his Concurrence, entituled " An Act for appointing Reg- ulators in the Southern parts of the Northern Liberties of the City of Philadelphia, and for other uses and purposes therein mentioned," Which was read and considered, and the following Amendments being made to it, ordered to be returned to the House with the same. Amendments, viz'-: " Page 5. — Dele from the word [that,] in Line 6, to the word [the] exclusive, in Line 10." " Same page, Line 12. — After the word [County] add the words [are hereby impowered and enjoined to appoint three Surveyors or Regulators of the said Streets, who]." " Page 7, Line 7. — Dele the words [County Commissioners] and insert the words [Justices of the County Court of Quarter Sessions of the Peace, for the said County]." " Same Page. — Dele the Lines 10 and 11." The Board then reconsidered the Assay Bill, which was ordered to be returned to the Assembly, with the following Amendments. Amendments, Viz' : '' Page 12, Line 6 — Dele the word [that]. " Page 13, Line 5. — Dele the words, [the end of the next sit- ting of Assembly;] and insert the words, [a new appointment shall be made, by Act of General Assembly of this Province."] *' Pages 18 and 19 — Dele from the word [provided] inclusive, in the 9th Line of Page 18, to the word [Master] inclusive, in the penult Line of Page 19." " Page 26, Line 8. — After the word [Law,] add as follows, viz :" PROVINCIAL COUNCIL. sea " And be it further enacted by the Authority aforesaid, that this Act shall continue and be in force for and during the space of four years, and from thence to the End of the next sitting of As- sembly, and no longer. January the 25th, 1769. The Assembly again sent up to the Governor by two members, the Bill for appointing Regulators in the Northern Liberties, with a Message " the House adhered to the Bill ;" and also the Assay Bill, with an answer to the Governor's Amendments, viz' : Amendment 1st. Agreed to by the House. 2d.— The House adhere to the Bill. 3d. — Agreed to by the House. 4th. — Agreed to by the House. January the 27th, 1769. The Governor retured to the Assembly, by the Secretary, the Bill for appointing Regulators in the Northern Liberties ; with a Message, " that he adhered to his Amendments." The Secretary at the same Time, carried to the House the Bill for regulating, pitching, and paving the streets, &c*' of the City of Philadelphia, &"'■ with the Amendments made to it on the 21st Instant. At a Council held at Philadelphia, on Thursday 2d February, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Chew, James Hamilton, "j Lynford Lardner, Richard Peters, t Esquires. James Tilghman, J The Board took into consideration the Bill entituled " A supple- ment to An Act entitled An Act for erecting part of the Counties of Philadelphia, Chester and Lancaster, into a separate County," which was read, and the Secretary directed to carry it down to the House, with the following Amendment, which the Council advised the Governor to make, in order to maintain his right of a share in the Nomination of Officers appointed by Law, viz'- " Page 5, Line 11. Dele the name [Benjamin Lightfoot] and instead thereof, insert [William Scull]." 564 MINUTES OF THE Then was laid before the Boai'd a Bill sent up by the Assembly for the Governor's Concurrence, entituled "An Act to Dissolve the Marriage of Curtis Grubb, of the County of Lancaster, Iron Mas- ter, with Ann, his Wife, late Ann Few, and to enable him to Marry again/' which was read, and referred to a further Considera- tion. The Board taking the Assay Bill again into consideration, with the Assembly's Answer to the Governor's Amendments, the Bill was ordered to be returned again to the House, with a Verbal Mes- sage that His Honour adheres to his Amendments. Then was read a Petition from Samuel Kennedy and John Jacks, setting firth that they have greatly suffered in their persons and Estates, by the evil Treatment that they had received from Sundry riotous Persons, who, being Inhabitants of Maryland, had escaped into that Province, and avoided being brought to Justice, and pray- ing the Governor to take the same into consideration, and grant them suitable Redress. Also several certified Copies of Indict- ments and Affidavits for different Offences, committed in Chester (bounty, by divers Inhabitants of Cecil County, in Maryland, were laid before the Board and read. The Board taking the above matters into consideration, advised the Governor to write to the Governor of Maryland on the Subject, and Transmit the several Papers to him, and request he wjuld be pleased to give Orders to the Magistracy of that Province to issue Warrants for apprehending the Offenders complained against, and ';ause them to be delivered over to the Magistrates of Chester (bounty, where the Biots and other Offences were committed, or to bold them to Sufficient securities for their several appearances at that County Court of Quarter Sessions, to answer the charges ex- hibited against them. A Letter was accordingly prepared, and ordered to be dispatched by the Post, and is as follows. Viz'- : "Philadelphia, February the 4th, 1769. " Sir : "By the Papers inclosed, you will find that several Riots, which I am informed were attended with very aggravating Circumstances, and other Offences have lately been committed in the County of Chester, within this Province, by People who are Inhabitants of Maryland. The Delinquents are out of the reach of our Process, and there is no way of bringing them to Justice but by your Assist-' ance, for which I the more chearfully apply, from a persuasion of your good Disposition to promote and establish an Harmony be- tween the two Provinces, and that you will at once see the pro- priety of the Application, and the Necessity there is that neighbour- ing Governments should concur in their Endeavors to punish the Crimes committed by the Borderers on both Sides. And I cannot doubt but you will give immediate Orders to the Magistracy of Cecil County, where, I am told, the Offenders reside, to issue Warrants PROVINCIAL COUNCIL. 566 against, them, and wben apprehended, to cause them to be delivered to the Peace-Officers of Chester County, or to hold them to suffi- cient Securities to appear at that County Court, to answer the charges exhibited against them. At the same Time, I beg you will be assured that I shall always think it my Duty, as it is iny Incli- nation, to shew the utmost Respect to any Application you may at any Time have occasion to make to me. " I am, with great Regard, Sir, *' Your most Obedient humble Servant. "JOHN PENN. " To Governor Sharpe, at Annapolis." At a Council held at Philadelphia, on Wednesday 8th February, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Grovernor, &c'- Benjamin Chew, } -n, T rr-1 u } Esquires. James iilghman, ^ ^ The House of Assembly again sent up the Assay Bill to the Gov- ernor, accompanied with a Verbal Message, which was laid before the Board, and is as follows. Viz'-: ./5 Verbal Message to the Governor. The House, desirous to agree with the Governor on a Bill of so much Importance to the public as that entituled " An Act for the preventing Frauds and Abuses in Gold and Silver Wares, made and sold in this province," have reconsidered the same, and offer to hi? Consideration the following Alterations, instead of his proposed amendments, relating to the new appointment of the Assay Masters, viz*- : " Page 4, Lines 11 & 12. Dele the Words [his Successor or Successors]. " Page 7, lines 8 & 9. Dele the Words [their or either of their Successors]. " Pages 12 and 13. Dele from the Word [Act] exclusive, in the 9 Line of Page 12, to the Word [But] in the 6th Line of Page " Page 13, Line 7. Dele also the Words [or hereafter to be]. " Page 14, Line 1. Dele the Words [his Successors and every of them]. " Page 17, Line 9. Dele the Words [for the Time being]. " Page 25, Line 2. Dele the words [or his successor]. February 7th, 1769. 566 MINUTES OF THE The Board taking the same into consideration, and the follow- ing Answer being drawn up at the Table, the Secretary was directed to deliver the same to the House with the Bill. "The Governor's answer to the Verbal Message of the Assem- bly of the 7th Instant, proposing some Alterations to the Amend- ments made by the Governor to the Bill entituled ' An Act for the preventing Frauds and Abuses in Gold and Silver Wares made and sold in this Province.' " The Governor's Amendment was intended to guard against the possibility of any Dispute which might hereafter arise on the Deter- mination of the office of the Person to be appointed by the Justices, on the Death or removal of either of the Assay masters named in the Bill, respecting the new appointment of such Officer ; and he cannot see why the House should object to the Amendment, unless they mean by the Ambiguity of the Words in the Bill, [until the end of the next sitting of Assembly], to exclude him at a future Time from any share in the nomination of the Officers, which is a Pre- rogative of the Crown he cannot part with, and therefore adheres to his Amendment. The Inconveniences and Confusion which would arise for want of a Power lodged somewhere in case of the Death or removal of an Officer, during the Recess of the Assembly, are so evident, that the Governor cannot accede to the proposed Altera- tions offered him by the House in their Verbal Message." February the 8th, 1769. A Bill, entituled "An Act for incorporating the Society formed for the lielief of Poor, Aged, and Infirm Masters of Ships, their Widows, and Children," sent by the Assembly for the Governor's Concurrence, was laid before the Board and read, and agreed to be detained for further Consideration. A Bill, entituled " An Act for the Sale of a Church in the City of Philadelphia, to pay the Debts now due for building the same, and distributing the Residue of the Purchase Monies arising from such Sale among the several persons who have been obliged to ad- vance Monies on account of the said Church," was also read, and there appearing no objection to the same, it was ordered to be re- turned to the Assembly, with a Message that the Governor agreed to it. The Board resumed the Consideration of the Bill for dissolving the Marriage of Curtis Grubb, and, before they thought proper to come to any Determination thereon, the Secretary was directed to acquaint the. Assembly, by a verbal message, " that the Governor desired they would furnish him with such Papers and Proofs as they had received, to support the Facts contained in the Bill." PROVINCIAL COUNCIL. 5^7 The Governor then laid before the Board two other Bills, sent up by the Assembly for his Concurrence, entituled as follows, Viz'-: '' An Act for raising, by way of Lottery, the Sum of a61687, 10s, Od, to be applied to the payment of the arrears of Debt due for erecting and finishing the German reformed Church, and the Grcr- naan Lutheran Church in York Town, and for the payment of the Arrears of Debt due for the erecting and finishing the German Lutheran Churches at Heidleberg and Lebanon, both of Lancaster County." And, " An Act for raising, by way of Lottery, the Sum of ,£3099, 123, Od, for the purposes therein mentioned," both which were read, and a few small amendments being made to them, were ordered to be returned to the House with the same. At a Council held at Philadelphia, on Friday the 10th Feb^- 1769, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &'• Benjamin Chew, | ^sauires James Tilghman, j ^ The Governor laid before the Board a Bill sent up by the As- sembly, entituled " An Act to enable the managers of the Contri- butions for the Relief and Employment of the Poor in the City of Philadelphia, to raise the Sum of fourteen Thousand Pounds in Bills of Credit, towards discharging their Debts, and to provide a Fund for redeeming and sinking the said Bills," which was read, and the following amendment being made thereto, ordered to be returned to the House with the same: Amendment, Viz'- : Page 7. Dele from the word [with] in Line 2d, to the word [the] in Line 4, and insert the words [the greatest difficulty from]. A Committee of Assembly having yesterday laid before the Gov- ernor, agreeable to his request, such Papers and Proofs as they had in support of the Facts contained in the Bill for dissolving the Mar- riage of Curtis Grubb, they were laid before the Board, and the consideration of the Bill was resumed, and the following amend- ments were made to it and ordered to be carried to the House with the Bill. Amendments, viz'-: Page 2, Lines 8 and 9. Dele the Words [aforesaid separation and is] and insert the Words [absence of her said Husband and was]. Page 4, Line 3. Dele the word [vacated]. 668 MINUTES OF THE Same Page and pages 5, 6, and 7. Dele from tlie word [Time] in the Sixth Line of Page 4, to the word [and] exclusive in the fifth Line of Page 7, and instead thereof insert the Words {[after the passing of this Act, (his former Marriage with the said Anne not- withstanding) to contract Matrimony with and take to Wife any other Woman during the Natural Life of the said Anne, in the same manner as he might or could do if she, the said Anne, was actually Dead, and such marriage, when had and solemnized, shall be, and is hereby declared and adjudged to be good and legal, to all intents and Purposes whatever, and the issue thereof, (if any) to be born in Lawful Wedlock, able and capable in Law to take, purchase, or inherit, by Will, Deed, or otherwise, any Estate, Real, Personal, or mixed, in the same manner as any other Person or legi- timate Child, or Children, by the Laws of England, or of this Province, in any Case may or can do.] '^ Page 8, Line 5. Instead of [thereafter], say [hereafter]. Eodem Die, P. M. Two Members of Assembly waited on the Governor, and de- livered him a Message from the House, which follows in these Words, Viz'- : A Message to the Governor from the Assembly. " May it please Your Honour : " We have taken into our Consideration your Message acquainting us that a general Boundary Line was happily settled by Sir William Johnson, His Majesty's Superintendaut of Indian Aifairs, between the Indians of the Sis Nations, the Delawares, and Shawa- nese, and His Majesty's middle Colonies. The accomplishment of a IVIeasure so important to the British Interests in America, could not fail to give us the utmost satisfaction, as We have Reason to expect it will be the means of preserving that Harmony and Friend- ship between those Colonies and the Natives, which have heretofore, from various Causes, been too frequently interrupted. It is also particularly agreeable to us, to learn that the Proprietaries of this Province have purchased a large Tract of Country within that Boundary, from whence a Prospect is afforded of new and extensive Settlements, and a further Increase of Inhabitants within this Pro- vince. And as We esteem it our incumbent Duty, it shall be our constant Care to pay a strict Regard and attention to whatever Ob- ject His Majesty shall, in His Wisdom, be graciously pleased to recommend to our Consideration. Nothing, therefore, in our Power, shall be wanting which shall appear necessary and effectual to prevent future Settlements on the Lands unpurchased of the Indians, and PROVINCIAL COUNCIL. 569 every other Abuse, or Act of Injustice that can reasonably create in them a Disaffection to the Colonies in General, or this Province in particular. " Signed by Order of the House, " JOSEPH GALLOWAY, Speaker. " February the 10th, 1769." At a Council held at Philadelphia on Monday February 13th, 1769. TRESENT : The Honourable JOHN PENN, Esc[uire, Lieutenant Gover- nor, &c^- William Logan, Lynford Lardner, | jjg ^^.gg Benjamin Chew, James Tilghman, j ^ The Governor laid before the Board a paper transmitted to him by Sir Henry Moore, Governor of New York, containing an account of the Proceedings and Resolutions of a number of People belong- ing to the Province of Connecticut, who call themselves the Sus- quehanna Company, at a late Meeting held at Hartford ; as also a Letter from Lewis Gordon, Esquire, dated the 7th of February, Instant, and another from Charles Stewart and John Jennings, Esquire, Sheriff of Northampton, dated Wyoming the 6th Instant, which were severally read, and are as follow. Viz'- : Proceedings and Resolutions of the Susquehanna Company. " Whereas, at a meeting of the Susquehanna Company, held at Hartford on the ISth Day of May, Anno Domini, 1763, said Company were advised that His Majesty, in his Royal Pleasure to inhibit all Entries and Settlements upon the said Lands, claimed by said Company, purchased of the Six Nations of Indians, lying on the River Susquehanna, until the state of the Case should be laid before His Majesty, and such precautions taken as might obvi- ate any such Troubles with the Indians : " And Whereas, said Company at said meeting, in pursuance of His Majesty's Order, did then Vote that no Person or Persons be- longing to said Company shall enter upon or make any Settlements upon those Lands accordingly ; And Whereas, The state of the Case, respecting those Lands, have been laid before His Majesty in Council, and in pursuance of His Majesty's Orders, such precau- tions have been taken in setling the Line with the Indians, and in paying and satisfying them for all the Lands lying East of the said Line, settled as aforesaid, as fully to obviate any fresh Troubles with the Indians, on account of any Claim or Settlement of the English, within the aforesaid Line. Thereupon, it is now voted by the said i70 MINUTES OF THE Company to proceed and settle said Lands lying on and adjacent to said Susquehanna River, purchased from the Indians by said Com- pany, lying within the Line settled with the Indians as aforesaid, at the late Congress at Fort Stanwix, as soon as conveniently may be. Voted, that forty Persons upwards of the age of twenty-one years, Proprietors in said Purchase, and approved by the Company hereafter nominated and appointed, proceed to enter upon and take pos- session of said Land,for,andinbehalf of said Company, by the first day of February next ; and that two hundred more of the age aforesaid, proceed and join said forty on the Lands aforesaid, as early in the Spring as may be, for the purpose aforesaid, not later than the first Day of May next ; and that in order to encourage said forty Per- sons to proceed, settle, take possession of said Lands for and in be- half of said Company, that there be paid into the hands of a Com- mittee appointed and hereafter named, to and for the Use of said forty the sum of 56200, to be laid out by said Committee, in provid- ing proper materials, sustenance and Provisions for said forty, as at the Direction of said Committee shall be thought needful and pro- per. And for the further encouragement of the said two huadred, who may join them in the Spring, according to the foregoing vote, it is further considered and voted to lay out five Townships of Land within the purchase of said Company, and within the Line settled with the Indians aforesaid, of five miles square each, three on the one side of the River and two of them on the other opposite side the River, adjoining and opposite to each other, only the River part- ing, at such place on the said River as they may think proper, each of said Townships to be five miles on the River, and to extend iu equal wedth back five miles, to be and belong to the said forty, and the said two hundred persons, over and above their respective Shares and Proportions in the remainder of the general Pur- chase, in manner following, viz'- : That the said forty have their first Choice of said five Townships, ^hich they shall chuse to be and belong to the said forty ; and the other four to be and be- long to the said two hundred, to be divided out to them by fifty's ou a Township, as they shall think proper, reserving and appropriating three whole Rights or Shares in each Township, for the Public Use of a Gospel Minister and Schools, in each of said Towns; and also reserving for the use of said Company, and for their after disposal, all Beds, Mine, Iron Ore, and Coals, that may be within said Town- ships. The aforesaid Townships to be held by said forty and said two hundred, on Condition of their entering upon and take Possession, according to the above Vote ; and also of their continu- ing thereon, holding and Improving the same, by themselves, their Heirs and Assigns, under Said Company, for the space of five Years after this Entry, as aforesaid ; and that they shall not so disorderly conduct and behave themselves as shall by the Company be judged inconsistent with the Good and Interest of said Company; And that they hold not the same or any other Part of said Purchase PROVINCIAL COUNCIL. ' 571 «nder pretence of any other Claim but of said Company, if the first Number approvoi by said Company shall fall short of forty, or of those that do proceed to join them in the spring shall fall short of two hundred. Nevertheless, those that do proceed according to the above Vote, to be entituled to their respective parts or Shares in the said five Townships, in full, as though the whole number were ■compleated. And, in Order that proper Persons, and such as may appear to be most Subservient to the benefit of said Company, may be orderly introduced as first settlers on said Lands, Voted that a ■Company be appointed in each County in this Colony, as also some meet Person or Persons in the neighboring Colonies, to admit and approve of such Persons as may olfer themselves for the first set- tlers, according to the foregoing Vote. And, that Colonel Samuel Talcoot, Major Eleazor Talcoot, Jonathan Pettebone, and Jonathan Root, Esquires, for the County of Hartford ; Daniel Lyman, Esquire, Michael Baldwin, and Captain Maycock Ward, for the County of New Haven; Samuel Ely, Esquire, Gersham Breed, and Captain Obadiah Gore, for the County of New London ; Cornelius Hull, Nathan Berdseye, Benjamin Selly, for the County of Fairfield; John Smyth, Samuel Gray, Esquires, and John Jenkins, for the County of Windham ; Increase Mosley, Samuel Canfield, Es- quires, and Beajamin Stephens, for the County of Litchfield; William Busk and John Woodworth, for the Province of New York; Timothy Woodbridge, Esquire, for the Province of the Massachusetts Bay; Isaac Trip, Job Randal, and Ezra Dean, for the Colony of Rhode Island, be, and are hereby appointed Committee, jointly and severally, to approve and admit of the aforesaid two hundred Persons proposed as first Settlers on said Lands, in such a manner and proportion as they shall agree, so as not to exceed the number proposed; And that Isaac Trip, Benjamin Toilet, John Jenkins, William Burk, and Mr. Benjamin Shomaker, be, and they are hereby appointed a Committee to approve and ad- mit, oversee, Superintend, manage, and order the affairs of the first forty Settlers, to raise the Monies granted to their Use, to lay out and prepare a convenient Road to Susquehanna River, for which purpose they are to receive fifty Pounds, to be laid out in preparing a Roud as aforesaid, for the Benefit of the said Company, and to account with the Standing Committee of said Company therefor ; And, upon any, or either of said last mentioned Committee failing to attend said Trust to which they are appointed, the place, or pla- ces, to be supplied by such other Person or Persons as shall be •chosen by the major part of said forty first Settlers ; And upon the arrival of the two hundred proposed to join the said forty in the Spring, they may, if they see cause, together with the said forty, by their m:ijor Vote, add to said Committee, so as to make the whole number of nine, who shall then be the Committee to oversee, ordain, and regulate the Afi'airs of said Settlers, and other of said Company who may join them, until further or otherwise Ordered m2 MINUTES OF THE by said Company; which said Committee, by a Majoi- Vote of Set- tlers there present, duly convened, may expel from, any Person among them who shall so disorderly conduct and behave, or shall by them be judged inconsistant with the good and Iiit'3rest of said Company, and may declare the Right of such Persons in said Pur- chase forfeit, which shall so remain, unless said Company, at any after meetings, upon hearing Cause of Complaint, shu.ll otherwise determine. Passed in the Affirmative. Voted that if any Settler or Settlers on the aforesaid Lands, in pur- suance of the Vote of this Company, shall be sued or prosecuted in the Law by the proprietors of Pennsylvania, or any uuder them, on account of such his Settlement and Possession, that, on proper Notice being given to the standing Committee of said Company, that the Company will be at the Cost of his or their D: fence in said suit. A Letter to the Governor from Lewis Gordon, Esquire. ''Easton, 7th February, 1769. " Sir : " A few Hours ago I received a Letter by Express, from Mes- sieurs Stewart and Jennings, now at Wyoming, iniimating that they had Intelligence from the Minisinks that a large Body of New England Men were to set oif from thence for Wyoming, in order to take forcible possession of those Lands, requesting my Advice how they are to conduct themselves until they shall receive your instruc- tions on this Head. The Express is this Moment set oif for John Aliens, Esquires, at the Union. This Moment the Constable of the Minisinks is come down to me, on the same account, and informs there are at least between forty and fifty New Enghind Men in his Neighbourhood, on their Journey to Wyoming, and that they have a great many friends amongst them. He is an active Man, and seems well disposed to serve the Government; wherefore, I shall (as soon as I can learn any of the New England People's names, which I expect a List of this Night,) issue a Warrant against them, to be executed by the same Constable, whom I detain on purpose, and endeavour all that lies in my Power to apprehend them, and put a stop to this dangerous scheme, a Copy of which I have taken the liberty to inclose, that, in Case there be any defect, it may speedily be rectified. I beg your Honour will excuse this scrawl, having been busy all Day, and the Bearer impatient to be gone, and believe that I am, with the greatest Respect, Sir, ''Your most Obedient, and most humble Servant, "LEWIS GORDON. " The Honourable John Penn, Esquire." PROVINCIAL COUNCIL. 573 A Letter to the Governor from Charles Stewart and John Jen- nings, Esquire. "Sir: " By an Express from John Vancampen, we have received in- formation th t upwards of one hundred New England Men were last Saturday at Nicholas Dupue's, that they were to set off from thence this jiorning for this place, with Intent to turn us out of Possession. We therefore have dispatched the Bearer to acquaint your Honour 'f this Motion, and receive your Orders how we are to treat them. vV'e have wrote to Mr. Gordon to send us, with all speed, such processes as may be necessary to take them with, in Case they att mpt to settle or force a Possession into any of the Houses now l>uilt, if this should happen before your Orders reach us. We have not learnt the names of any of them except William Buck, who was formerly here, with those who were killed by the Indians. Any processes that your Honour may please to send us may tliorelore be P>lank; as to the others whose names we shall insert as soon as we know them, and have sent to John Van Campen to fin 1 out for us. At present we have only ten men here; the others are returned home after building their Houses. We still flatter ourselves this affair will end without Blows, as we have certainly weak "ned their party in this County by getting the Van- campens and >*Shoemakers to take Lands in the Manor. " We are. Your Honour's Most Obedient Servants, "CHARLES STEWART, "JOHN JENNINGS. " The Honourable JOHN PENN, Esquire. " Wyoming, 6th February, 1769." The Governor having already written Answers to the above men- tioned Letters, the Board took into their Serious Consideration the account of th^' late proceedings of the Connecticut People, respect- ing their Design of making an immediate Settlement on the Sus- quehanna Lands, and were of Opinion that a Letter should be forth- with dispatched to the Governor of Connecticut, making him acquainted th' rewith, and requesting his Interposition in the matter, and that he would use his Influence and Endeavors to put a stop to the Evil Designs of those people, and thereby prevent the fatal Consequences that must unavoidably follow the Establishment of so illegal a Settlement. A Draught of a Letter being accordingly prepared, was lead and agreed to, and ordered to be Transcribed and dispatched to the Governor of Connecticut by the post. The said Letter is as follows, viz'-: " Philadelphia, 13th February, 1769. " Sir : " I have received certain Advice that in Consequence of Reso- lutions entered into by a Society of Pepple in your Province, who 574 MINUTES OF THE call themselves the Susquehanna Company, a number of them are set out with a Design to enter upon and settle a part of the River Susquehanna, which is within the Bounds of the Charter of this Province, and the General Boundary Settled last fall with the In- dians of the Six Nations, at Fort Stanwix, and which at that Treaty was purchased of those Indians for a very large Sum of money by the Proprietaries of this Province, It is given out, too, that a greater Number are Soon to follow, and that these Adven- turers have the Countenance of your Government in their very unjust and illegal Undertaking; Yet, when I consider that like attempts have been made heretofore, and how often the same wild Scheme has been disavowed by your predecessors, as will appear by the Correspondence had between the Governors of Connecticut and Pennsylvania, in the Years 1754, 1755, 1761, and 17G3, upon the Subject of the Claims and pretentions of these Intruders, I cannot give Credit to this part of the Report. " It is alledged that these imprudent People found their unjust Claim partly in the Extent of the Original Charter of Connec- ticut, and partly on purchases made of the Indians. But when it is considered that the Province of New York, in the hands of the Dutch, at the Time of the Connecticut Charter, lay between that Colony and Susquehanna, it cannot be conceived how that Charter can operate to affect the place which is now the subject of Contest. " Yet, if there could possibly at first have been any Doubt of the Extent of that Charter, from the Words of it, the settlement of its Western Limits by the Commissioners appointed between the Crown and that Colony so early as the year 1664, has entirely cleared it up. Nor is any Claim which these Intruders can set up under Indian purchases, better founded than their pretentions un- der the Extent of the Charter. It is well known that the Indians never sell their Rights but in public Council, and it cannot be pre- tended that any Deeds made to the People of Connecticut were at- tended with that solemnity. Nay, it is notorious that at the Time these pretended purchases were made, the Indians of the Six Na- tions refused in public Council, at the Treaty of Albany, in the year 1754, to sell these Lands to the proprietaries of Pennsylvania, to whom alone they could sell them consistent with their prior En- gagements entered into many years before, and confirmed at that Treaty, and also at the late Treaty at Fort Stanwix. These pur- chases were therefore, always looked upon by the Six Nations as private and fraudulent, and inconsistent with their prior En- gagements to the proprietaries of Pennsylvania; and accordingly, the settlements made by the people of your Province in 1755, at Wyoming, were highly resented and complained of by the Indians, who at length proceeded to the most fatal Extremities. But if their Claims under those Deeds were not liable to these Objections, yet they were void by the Laws of this Province, made many years ago, which prohibit the making of purchases of the Indians by any PROVINCIAL COUNCIL. 575 but the proprietaries. So that in whatever Light the matter is considered, it is against these rash and inconsiderate people who, by their lawless Intrusions, would again disturb the peace and Tran- quility of this Government. You may well imagine, that after the proprietaries have paid so large a Consideration for this Country, so evidently within the Limits of their Charter, and have settled a Number of people upon it, which I must inform you is truly the case, this Government cannot be tame spectators of an illegal forci- ble possession, taken by People who have not the least (/olour of Right, " The Consequence therefore, of these deluded People's persisting in their unwarrantable Designs, must be a scene of violence and con- fusion, which all good Men would wish to avert, and which it is the peculiar Duty of those who are in public stations to prevent. I cannot suppose that the Government of Connecticut would encour- age a procedure so unreasonable and illegal, and big with mischiev- ous Consequences, which I would rather hope they would use the utmost of their power to prevent; and it is under this Expectation that I now apply to your Honour, requesting you to enquire into the Matter, to place it in a proper Light to the people of your Colony, and to use your power and Influence to prevent the many fatal Consequences which must flow from their pursuit of any ille- gal or violent Measures. " I am sir, with great Regard, " Your most Obedient '' humble Servant, ''JOHN PENN. " The Hon^'^ William Pitkin, Esquire." Upon this Occasion, the Board were of Opinion also, that some proper Persons at Wyoming should be cloathed with the Authority of magistrates for the preservation of the Peace, and for the better Execution of the Orders of the Government, in Case the People of Connecticut should attempt to prosecute their Scheme of Settle- ment, or commit any Riots or Disturbances, and two special Com- missions were accordingly issued, appointing Charles Stewart and Amos Ogden, Esquires, Justices of the County Court of Quarter Sessions of the Peace for the County of Northampton. The Governor then laid before the Board a Bill sent up by the the Assembly, entituled " An Act for raising the Sum of £16,000 for the Support of the Government of this province, and payment of the Public Debts, and other purpose therein mentioned ;" which was read, and the Board were of Opinion that it would be proper to obtain from the assembly a List of the Debts which were inten- ded to be discharged by the Bills of Credit intended to be emitted pursuant to the said Bill. The Secretary was accordingly sent to the House with a verbal message as follows, viz'- : 576 MINUTES OF THE "Sir: " The Governor requests that the House will furnish him with a List of the Certificates which the Bills of Credit directed to be emitted by the Bill for raising the Sum of £16,000, &c,, now under his Consideration, are intended to take up and discharge." Eodem Die, P. M. Two members of Assembly waited on the Grovernor, and agree- able to his Request of this morning, delivered him an Estimate or List Debts due from the Province of Pennsylvania. At a Council held at Philadelphia, on Wednesday the 15th of February, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c^- Richard Peters, Benjamin Chew, > t^ • James iilgnman, ^ ^ The Consideration of the Bill for raising the Sum of £16,000 was resumed, and two Amendments were made to it, and ordered to be carried to the House with the Bill. Amendments, viz'-: " Page 9, "line 13. After the word [of] add the word [them]. " Page 16, line 9. After the word [her] add [charges and]." Then were read two Bills sent up by the House of Assembly for the Governor's concurrence, entituled as follows. Viz' : " 1. An Act to enable the Commissioners therein after named, to settle the accompts of the Managers, and to sue for and recover of them, their Executors, or administrators, such Sums of Money as are now due and unpaid on account of the Lottery drawn for erect- ing a new School House for the High Dutch reformed Congrega- tion, and for enabling the Vestry and Wardens of Saint James' Church, in the Borough of Lancaster, to compleat the work by them begun, and also, to enable the managers to sue for and recover money due to theiu for the Sale of Tickets in the said Lottery." ^' An Act for a new Regulation of the allotments of Banks, Dams, Sluices, and Flood Gates, belonging to the Tinicum Company, Owners and Possessors of drained meadow Land in the Township of Ridley, in the County of Chester." Which Bills were considered, and no Objections appearing against their passing into Laws, were ordered to be returned to the Assem- bly with the Governor's Assent. PROVINCIAL COUNCIL. 577 The Governor then laid before the Board a Bill eutituled " An Act to enable the Owners and Possessors of the Wickacoa and Moyamensing meadows, to erect a Dam across Hollander's Creek, near its Junction with Hay Creek, and for other Purposes thereiu mentioned,'^ which was read, and ordered to be returned to the House with the following Amendments, Viz"-: " Page 1, Line Penult. After the word [of] add the word [little]. " Page 2, Penult and antepenult Lines. Dele the Words [Hol- lander's Creek near its Junction with Hay Creek,] and instead thereof insert the words, [little Hollander's Creek, below the Mouth of little Ha}' (^reek, and near the Junction of the Waters of Great Hollander's Creek and Great Hay Creek.]" " Pages 2 and 3* — Dele the AVords [and at such place and Dis- tance] in the last Line of page 2 — and the Words [from Hay Creek] in the first Line of page 3." " Page 3, Line 9.— after the word [said] add the word [little.]" " Page 6, Line 7. — after the word [across] add the word [little.]" ''Page 11, Line 1. — after the word [upon] add the words [the said.]" " Page 13j Line 6. — after the word [down] add the word [little.]" The Governor also laid before the Board a Bill sent up by the Assembly for Concurrence, entituled " An Act to enable the own- ers and Possessors of a certain Tract of Marsh and Meadow Land therein dt'.seri^ed, situate in the Township of Kingsess, in the County of Philadelphia, to keep the Banks, Dams and Sluices in repair, and to raise a Fund to defray the Expences thereof" — which was read and referred to further Consideration. At a Council held at Philadelphia, on Thursday 16th February, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, 1 -^ James Tilghman, j '■ The Board resumed the Consideration of the Bill for enabling the owners of a Tract of Meadow Land in Kingsess, to keep the Banks, Dams, &c'^' in Repair, &c^' and ordered the same to be rc- tarned to the House with two small amendments. Two members of Assembly having yesterday again brought up to the Governor the Bill for raising the sum of i31G,000, with a Message that the House adhered to the Bill; the Board took the samd into Consideration, and directed the Secretary to return the said Bill to the House with the following verbal Message, viz'-: VOL, IX. — 57. 578 MINUTES OF THE A Verbal Message from the Governor to the Assembly. " Sir : " The Governor returns the Bill entitulcd 'An Act for raising the sum of £16,000 for the support of the Government, (fee"-'' and commands me to acquaint the House that he has reconsidered the two amendments he proposed to it ; and as the first of them regards only propriety of Expression, and the other is of little consequence to the real merits of the Bill, he consents to wave them. " February 16th, 1769." Then were read and considered the three following Bills, sent up by the Assembly for the Governor's Concurrence, Vizt. : 1. " An Act to prevent persons from settling on the Lands with- in the Boundaries of this Province, not purchased of the Indians." 2. " An Act for ascertaining the securities to be given by the Provincial Treasurer for the Time being, for the faithful perform- ance of his Trust." 3. " An Act to enable the Recorder of Deeds of the City and County of Philadelphia, to receive into his Custody the antient Books and Records of the Corporation of Germantown." To all which a few inconsiderable Amendments were made, and ordered to be carried to the House with the Bills to-morrow. A Bill entituled "An Act for the relief of James Green, Ben- jamin Davis, and Paul Riffet," was also laid before the Board and read, to which the following Amendments were made and the Bill ordered to be returned to the House with the same to-morrow Morn- ing- Amendments, Viz'- : " Page 7, Line 6. — Dele the word [that] and insert the Words [after which]." " Same page. Line 11. — Dele the word [that]." " Same page. Line 12. — Dele the words [upon making such as- signment as aforesaid]." Friday the 17th of February, A. M. The Secretary, by the Governor's Directions, carried down to the Assembly the six Bills considered by the Council last Night, with the amendments and Verbal Message, and at the same Time re- turned to the House the Bill for incorporating the society for the Relief of poor. Aged and Infirm Masters of Ships, their Widows and Children, with a Message that the Governor could not agree to it into a Law. PROVINCIAL COUNCIL. 579 Eodem die, P. M, Two Members of Assembly waited on the Governor, and acquaint- ed him that the House having acceded to the amendments made to the Bill returned by His Honour this morning, and being inclined to adjourn to-morrow, requested the Governor to appoint two Mem- bers of Council to join two Members of Assembly to compare the Bills which had been agreed to, with their engrossed Copies; and his Honour appointed one Member of Council and the Secretary for that purpose. Council Chamber, Saturday the 18th February, 12 O'Clock. The several engrossed Bills being compared with their Originals and found to agree, The Governor sent the Secretary with a Mes- sage to the House requiring their attendance, that he might pass the Bills which had received his Assent. The whole House attending accordingly, the Speaker presented to the Governor the following Bills, which he was pleased to enact into Laws, and issued a Warrant for affixing the Great Seal thereto, and appointed a member of Council and the Secretary to accompany two members of the House to see them Deposited in the Bolls Office, Viz'- : 1st. "An Act for regulating, pitching, paving, and cleansing the High Ways, Streets, Lanes, and Alleys, and for regulating, making, and amending the Water Courses and Common Sewers within the inhabited and settled parts of the City of Philadelphia, for raising money to defray the Espences thereof, and for other purposes therein mentioned." 2d. "An Act for raising, by way of Lottery, the Sum of £1687, 10, 0, to be applied to the payment of the arrears of Debt due for erecting and finishing the German reformed Church at York Town, and fur the payment of the arrears of Debt due for the erecting and finishing the German Lutheran Churches at Heidleberg and Leba- non, both of Lancaster County." •Sd. "Act Act for the Sale of a Church in the City of Philadel- phia, to pay the Debts now due for building the same, and distri- buting the residue of the purchase monies arising from such Sale, among the several persons who have been obliged to advance monies on account of the Said Church." 4th. "A Supplement to an act entituled 'An Act for erecting part of the Counties of Philadelphia, Chester, and Lancaster, into a Separate County,' " 5. "An Act to enable the Commissioners therein named, to set- tle the Accompts of the Manargers, and to sue for and recover of them, their Executors or Administrators, such Sums of money as 580 MINUTES OF THE are now due and unpaid, on account of the Lottery set up and drawn for erecting a new School house for the High Dutch reformed Congregation, and for enabling the Vestry and Wardens of Saint James's Church, in the Borough of Lancaster, to complete the work by them begun ; and also to enable the Managers to sue for and recover money due to them for the Sale of Tickets in the said Lottery." 6. "An Act for raising, by way of Lottery, the Sum of £3099.- 12.0, for the use of the first and third Presbyterian Churches, and the Second Presbyterian Church, in the City of Philadelphia, and of the German reformed Church in the Township of Worcester." 7. " An Act to enable the Managers of the Contributions to the Relief and Employment of the Poor in the City of Philadelphia, to raise the Sum of £14,000 in Bills of Credit, towards discharging their Debts, and to provide a Fund for redeeming and sinking the said Bills." 8. "An Act to enable the Owners and possessors of a certain Tract of Marsh and Meadow Land therein described, Situate in the Township of Kingsess, in the County of Philadelphia, to keep the Banks, Dams, Sluices, and Flood Gates in Repair, and to raise a Fund to defray the Expences thereof " 9. " An Act to enable the Owners and Possessors of the Wica- coa and Moyamensing meadows to erect a Dam across Hollander's Creek, near its Junction with Hay Creek, and for other Purposes therein mentioned." 10. " An Act for raising the Sum of 3616,000 for the Support of the Government of this Province, and payment of the Public Debt'^, and for other Purposes therein mentioned." 11. " An Act for a new Regulation of the Allotments of Banks, Dams, Sluices, and Flood Gates, belonging to the Tinicum Com- pany, Owners and Possessors of drained Meadow Land in the Town- ship of Ridley in the County of Chester." 12. " An Act to enable the Recorder of Deeds tor the City and County of Philadelphia to receive into his Custody the antient Books and Records of the Corporation of Germantown." 13. " An Act for the relief of James Green, Benjamin Davia, and Paul Rifiet, languishing Prisoners in the Goal of Philadelphia, with respect to the Imprisonment of their Persons." 14. " An Act for ascertaining the security to be given by the Provincial Treasurer for the Time being, for the faithful perform- ance of his Tiust." 15. " An Act to prevent Persons from settling on Lands within the Boundaries of this Province, not purchased of the Indians." 10. " An Act to dissolve the Marriage of Curtis Grubb, of the county of Lancaster, Iron Master, with Ann his Wife, (late Ana Few), and to enable him to marry again." The Speaker then, in behalf of the House, delivered to the Governor a Certificate for £500 towards his Support for the pre- sent Year, for which his Honour thanked them. PROVINCIAL COUNCIL. 581 At a Council held at Philadelphia on Thursday the 4th May, 1769. PRESENT : The Honourahle JOHN PENN, Esquire, Lieutenant Grovernor, Richard Peters, } -r, T rn-i u r Esquires. James lilgnmaa, 3 * The Governor laid before the Board a Letter he received by Express from John Vining, Esquire, dated the 30th Ultimo, ac- quainting him of a vacancy in the Supreme Court Commission, and the Court of Oyer and Terminer and General Goal Delivery for the Government of the Lower Counties, occasioned by the Deaths of Jacob Vanbebber and John Clowes, Esquires, late two of the Justices of the said Courts, and of the Necessity of speedily appointing some fit psrson to the Office of one of the Judges of Oyer and Terminer, in Order to attend the said Court at Dover, the 8th Instant, and Mr. Vining having recomrhended Csesar Rodney, Esquire, and several other Gentlemen, as fit Persons to fill the «aid office. His Honour, with the Advice of the Board, was pleased to issue two Commissions, appointing Richard McWilliam, Esquire, to the Office of second Judge, and Csesar Rodney, Esquire, to the Office of third Judge of the Supreme Court, and one other commission appointing John Vining, Richard McWilliam, and Cae- sar Rodney, Esquires, to the Office of Judges of the Court of Oyer and Terminer. His Honour deferred the appointing a fourth Judge till he meets the Assembly at New Castle, at their nest Session in June. At a Couscil held at Philadelphia, on Monday May the 15th, 17t)9. present: The Honourable JOHN PENN, Estjuire, Lieutenant Governor, Ac' Richard Peters, Benjamin Chew, ? t^ T rr,-i L ' ?■ Esquires. James 1 ilghman, 3 The Governor laid before the Board a Letter he lately received from His Excellency Major General Gage, dated the 2-!:th of March last, which was read, and is as follows, viz'- : A Letter to the Governor from his Excellency Major General Gage. ''New York, March 24th^l769. "• Sir : '■'■ His Majesty having thought proper to take the Management of the Trade with the Indian Nations out of the Hands of His 582 MINUTES OF THE Superintendants of ladian Affairs, and to leave the Management thereof to the PrDvinces concerned in said Trade, Sir William John- son finds himself under the Necessity of discharging immediately the Commissaries, Interpreters, and Smiths appointed by him in the Posts and Forts in the interior Country. " I take the Liberty to acquaint you of this Event, and hope you will be able, without Delay, to appoint Officers to succeed those dis- missed by Sir William Johnson, that the Trade may not suffer through the Want of proper Persons to superintend it. Sir Wil- liam Johnson can give the best Advice concerning the Instructions that should be given to said Officers, as well as concerning the Laws and Regulations necessary to be made for the better carrying, on the Trade. I am only to desire to be informed when you shall have settled those Points, in what Shape I can be of use, that I may send Orders accordingly to the Commanders of the several Posts and Forts in the Indian Country to co-operate with your Officers, and give them Assistance in the Execution of their In- structions, whenever their Aid shall be required. " If the Provinces will appoint Officers to superintend the Trade in such parts of the Indian Country where they appear from their Situations to enjoy the chief Benefit of the Trade, Pennsylvania will appoint at Fort Pitt and the Illinois, New York at Niagara and the Detroit, and Quebec at Misilimakanak ; though the Province of Quebec would have only one Post to Superintend, yet the very great Concourse of Indians every Year at Misilimakanak, will mako it much more expensive than any of the rest. " I have the Honour to be with great Regard, Sir, " Your most Obedient humble Servant, "THOxMASGAGK." The Matter contained in the above mentioned Letter being duly considered, the Board were of Opinion that the same should be re- commended to the Assembly by a Message, and the Letter laid before the House. A Message was accordingly drawn and approved, and ordered to be carried with the Letter to the House to Morrow The said Message is as follows, viz'- : A Message from the Governor to the Assemhli/. " Gentlemen : "You will perceive by a Letter I have received from General Gage, which I have ordered the Secretary to lay before you, that Sir William Johnson, in Obedience to His Majesty's Commands, is under a Necessity of discharging the Commissaries, Interpreters, and Smiths, appointed by him at the Posts in the Interior Country, where the Indian Trade is carried on, and that the General expects I shall be able, without Delay, to appoint Officers to succeed those at Fort Pitt and the Illinois. This, Gentlemen, cannot be done until PROVINCIAL COUNCIL. 588 Provision is made for adequate Salaries for those Ofl&cers ; And as the Regulation of the Indian Trade is a Matter of public Concern, I doubt not but you will make the necessary Provisions for enabling me to answer the above Requisition. ''JOHN PENN. '< May the 16th, 1769." Mr. Adam Hoops, of Bucks County, having been recommended as a proper Person to execute the Office of a iMagistrate, The Gov- •ernor, by the Advice of the Council, directed that a Commission be forthwith made out, appointing him a Justice of the Court of Quar- ter Sessions of the Peace and of the County Court of Common Pleas for the said County of Bucks. ■ At a Council held at Philadelphia on Tuesday the 16th of May, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Grovornor, Benjamin Chew, 7 t^ ■ James iilghman, ^ ^ The Governor laid before the Board the following Letter which lie received by Express from Charles Stewart, Esquire, dated the 12th Instant. *i Letter to the Governor from Charles Stewart, Esquire, " Sir : "This Afternoon about three o'CIock, one hundred and forty-six New England Men, and others, chiefly on Horseback, passed by our Houses, and are now encamped on the East Side of the River. Among them is Benj°- Shoemaker and John McDowell, with several of their Neighbours. I spoke to McDowell, who informs me that at least as many more are on their Way, and will be here to-Mor- row. And I have other intelligence that they will in a few days be five hundred strong. If this be true. We can only Act defen- sively until reinforced. At present we are but Twenty-four Men. " On my way up the River from Shamokin, on Wednesday Even- ing last, I was hailed by a Man at the Mouth of Fishing Creek, named James McClure, who told me He and four others, then at a Fire hard by, was an advanced Party of one hundred, going to join the New England Men, and that they would chiefly be from Lan- caster County ; that he would be at Wyoming as soon as Us, but lie is not yet come. 584 MINUTES OF THE From the View I had of those Gentry in their procession by our Houses, they appear to be at least an equal number of them of the very lowest Class, but are almost all armed and fit for Mischief. " I am of Opinion, unless a Party of His Majesty's E'orces are sent up to remove them, it will be difficult for the Sheriff to raise men enough in Northampton County to effect it, and every Day will add to their Strength, and give them more Spirits to persevere in Mischief. On conversing with Captain Hunter, Doctor Plunket, and others, at Shamokin, they declared their willingness to come here if wanted, and bring a Party to assist us. Your Honour will consider whether this will be of Service. I think it would as least put a stop to the People coming from Jjancaster County, &;c*', to join the Yankys^ and prevent their getting to the West Kranch, which is their de- sign as soon as they can establish a Possession here. *' I have enclosed a List of the Names of as many of them as 1 could possibly collect in so short a Time, those that are marked thus X are of the former Party. I shall be glad of Your Honour's speedy Instructions, and hope to be able to hold out until reinforced. I have wrote Messieurs Jennings and Gordon how we are circum- stanced, but fancy Mr. Gordon is abroad at present, as he intended a Journey about this Time. "I am Your Honour's most obedient, " humble Servant, ''CHARLES STEWART, " The Honourable John Penn, Esquire. ''Manor of Stoke, Friday May 12th, 1769." The names following are those referred to in the above Letter : Benj°- Shoemaker, Comstack, x John McDowell, Sam'- Clark, Sam ■ VVeyburn, John Gardner, John Lee, John Delong, Stephen Lee, John Smith, Esq^- & hia Joseph Lee, Two Sons, — Smith & Daniel Hains, Smith, John McDowell, Jun'-, Joseph Moss, Benj"' Shoemaker, Jun"', Azariah Dean^ Ashur Harrod, John Wheet, William Leonard^ John Wharburt^ John Leonard, Jacob Welch, Elijah" Halloway, Jabez Cook, Thomas Rennet, x Ebenezer Nuttrip, Sam'- Marvin, Chambers, Marvin, Gore, Rhuben Halburt, Badcock, Benj"- FoUet, x Wright. The foregoing Letter being duly considered, the Governor, with the advice of the Board; thought proper to issue a Proclamation, PROVINCIAL COUNCIL. 585 forbidding all Persons whatsoever seating themselves on any Lands within this Province without the Express Peruaission of the Pro- prietaries of this Government, and commanding all those who have illegally taken possession of any Lands, and without permission as aforesaid, immediately to evacuate their Settlements without Delay. A Letter was also drawn up at the Board, read and appi'oved, which was ordered to be Transcribed and sent to John Jennings, Esquire, Sheriff of Northampton County, with a Copy of the Proclamation (under the Great Seal), by the return of the Ex- press. Another Letter was also drawn up at the same Time, which, being read and approved, was ordered to be copied and sent to Charles Stewart, Esquire, by the same Conveyance ; and a third Letter was prepared and dispatched by another Express to Colonel Francis, at the Forks of the Susquehanna. The said Letters and Proclamation follow in these Words, Viz*- : A Letter from the Governor to John Jennings, Esquire. " Philadelphia, May 16th, 1769. " Sir : "I suppose Mr. Stewart has wrote you the bad State of our Affairs at Wyoming. You will receive herewith a Proclamation, with which I desire you will immediately proceed to Wyoming, with a few reputable people to accompany you, and there publish it to the Connecticut People, in a peaceable and quiet manner. If they should carry the Matter so far as to attempt removing our People by Force, their numbers, I am afraid, are too great to resist, and that they will be obliged to give way for the present, rather than run the hazard of shedding Blood without a proba- bility of Success. I desire you will reduce all you know of the proceedings in the Affair from tho begining to an affidavit, in draw- ing up which, I desire Mr. Stewart may assist, and you may make it before him. This will be necessary to send to England in order to institute a proceeding there against these rash in- truders, and to lay before General Gage. I would have you and Mr. Stewart endeavour to penetrate as far as you can into their designs, how far they pretend a llight to the Southward, and what their Intentions are as to the West Branch, and that you will get as many of their Names as you can, especially of the Leaders, or most active amongst them. '' I am, Avith Ilegard, ''Your very humble Servant, "JOHN PENN. • ^jg^^j^gg James Tilghman, 5 The House having last Night again sent up by two Members thtj Bill for striking £120,000, to be emitted on Loan, with a verbal Message, and several Alterations of the Bill, instead of some of the Amendments proposed by the Governor, His Honour laid them before the Board, and they are as follow. Viz'- : j5 Verbal Message to the Governor from the Assembly. " The House, desirous to agree with the Governor on a Bill of 80 much Importance to their Constituents as that entituled " An Act for striking the Sum of £120,000 in Bills of Credit, to be emiited on Loan,'&c*' have reconsidered the same, with his amend- ments thereto, and now beg leave to offer to his Consideration such Corrections and Alterations of the said Bill as are herewith aent up, instead of some of his proposed Amendments. " May 25th, 1769. An Answer to the Governor's Reply to the Assembly's Answer to his Amendments to the Bill entituled " An Act for striking the Sum of one hundred and twenty Thousand Pounds in Bills of Ore dit, to be emitted on Loan," &c*' PROVINCIAL COUNCIL. 595 "Amend'- 1. " Agreed to by the House, on the Condition expressed in their Answer to the 14th Amendment." 2. " Agreed to by the House." 3. " The House agree to insert the Name of John Evans, of North Wales, in the Room of John Roberts, and in respect to the other Trustees, adhere to their last Choice." 6. '^Agreed to by the House." 7. " The House adhere to the Bill." 9. " Agreed to by the House " 13. *' Agreed to by the House." 14. " Agreed to by the House, provided the Governor consents to divide the whole Sum among the several Counties, in the Propor- tions following, viz. : " £71,700 to the Inhabitants of the City and County of Phila- delphia, and the Counties of Bucks, Chester and Lancaster. <' £6,650 to the Inhabitants of the County of York. "£7,500 to the Inhabitants of the County of Cumberland. " £7,500 to the Inhabitants of the County of Berks, and '' £6,650 to the Inhabitants of the County of Northampton. " 18th. Agreed to by the House. *' 20th The House adhere to the Bill. "23, 24. The House adhere to the Bill. '' 26, The House adhere to the Bill. " iVIay 25th, 1769." The Council took the above Message and Answer from the As- sembly into Consideration, and observing that they still insisted on the sole Nomination of the Trustees of the Loan Office, and Dispo- sition of the Interest Money, were of Opinion that the Governor ought to maintain his Right to a Share at least of the Exercise of those Powers, as being the undoubted prerogatives of the Crown, and therefore advised the Governor to return the Bill to the House, with a Message signifying his Reasons for refusing his assent thereto. The following Message was accordingly drawn up and approved, ind sent to the House with the Bill. A Message from the Governor to the Assembly. ■' Gentlemen : "I find by your verbal Message of Yesterday sent up to me, with your Answer to my reply, respecting the Bill entituled " An Aot for striking the Sum of £120,000 in Bills of Credit, to be emitted on Loan," &c*' that the only material Points in which we disagree are the Disposition of the Interest Money, and the appointment of the Trustees of the General Loan Office. All I contend for is, that the Governor, who is the King's Representative here, shall have a 596 MINUTES OF THE share with the Representatives of the People in the Exercise of botiz these Powers. But You insist on reserving to yourselves the sole and exclusive Right of nominating all the Trustees, and of apply- ing the whole Interest Money. I offer to divide with you those Rights, which, by the English Constitution, are allowed to be the undoubted Prerogatives of the Crown ; but you are not to be satis- fied without assuming the whole. To save Time, Gentlemen, I must tell you in a few Words, that your Claims appear to me so un- reasonable that I cannot accede to them. At the same Time I can- not help expressing my Concern, that a Bill which you agree to be of so much Importance to the Country, should miscarry by your in- sisting that the Assembly should be invested with Powers which I cannot allow consistent with my Duty to the Crown. ''JOHN PENN." . " May 26th, 1769." The Governor laid before the Board a Bill entituled " An Act to enable John Cottringer and Joseph Cauffraan to hold Lands in this Province," which was sent to him by the Assembly for his Concurrence, during their sitting in February last, and retained un- der his Consideration. The Board having considered that the Persons mentioned in the Bill are Roman Catholicks, and being of Opinion that any Act for Naturalizing such Persons so as to enable them to hold Lands, would be repugnant to an Act of Parliament passed in the entituled " An Act ," advised the Governor to refuse his Assent to tlie said Bill, and the Secretary was directed to carry it back to the Assembly, with a Message that he cannot agree to it. The Governor laid before the Board a Transcript of a Record of the Conviction of John Thompson, for burglary, by which it ap- peared that at a Court of Oyer and Terminer and General Goal Delivery, held at Philadelphia for the County of Phila'^elphia, on the tenth Day of April last, before William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supreme Court of Pennsylvania, and of the said Court of Oyer and Terminer, the said John Thompson was tried and Convicted of Felony and Bur- glary, committed in the dwelling House of James Black, in the County of Philadelphia, on the first of January last, and hath re- ceived Sentence of Death for the same. The said Record, with a Petition of the Jury of the said Court in favour of the Criminal, being duly considered. The Governor, by the advice of the Board, was pleased to grant a Pardon to the said John Thompson, and directed the Secretary to make out the game accordingly. PROVINCIAL COUNCIL. 597 Council Chamber, Saturday 11 o'Clock, A. M., May 27th, 1769. The Governor having received a Message from the Assembly re- questing him to acquaint the House when he would be ready to pass the Bills which he had agreed to, and having appointed this Hour for that Purpose, sent a Message to the House by the Secre- tary, requiring their attendance in the Council Chamber, that He might enact into Laws such Bills as had received his Assent. The whole House accordingly attended, and the Speaker presented to the Governor the three following Bills, which he was pleased to enact into Laws. His Honour then signed a Warrant for affixing the Great Seal thereto, and appointed the Secretary to accompany two Members of the House to see them Sealed and deposited in the Rolls Office, Viz'-: '' An Act for explaining and amending an Act entituled ' An Act for graning the Sum of £60,000 to the King's Use, and for striking £55,000 thereof in Bills of Credit, and to provide a Fund for sink- ing the same.' " "' An Act to continue An Act, entitled An Act for appointing Wardens for the Port of Philadelphia, and for the regulating Pilots plying in the River and Bay of Delaware, and price of Pilotage to and from the said Port." ''An Act to continue An Act, entituled. An Act, to amend An Act entituled An Act for the better employment Relief and support of the Poor within the City of Philadelphia, the District of Southwark, the townships of Moyamensing and Passayunk and the Northern Liberties." The Speaker then acquainted the Governor that the House pro- posed to adjourn to the 18th of September next, if His Honour had uo objection thereto; to which His Honour said that He had none, .and then the House withdrew. At New Castle, Monday the 5th of June, 1769. Three Members of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to adjournment, but before they proceeded to other Business, they would chuse to take into consideration such Matters as the Governor might have to recommend to them ; and therefore, they requested to know if His Honour had any business to lay before them, to which the Go- vernor replied that he had something to recommend to the Conside- ration of the House, which He should do immediately by a Mes- sage. The following Message was accordingly delivered to the House iby the Secretary, viz'-.: 598 MINUTES OF THE A Message fi'om the Governor to the Assembly. "Gentlemen, " I am to inform you that in February, 1768, I passed a Law presented to me by the Assembly of Pennsylvania ' for regulating the Fishery in the River Brandywine,' which, however, will not be of any Force or Validity, nor answer the good purposes intended by it, until an Act of a similar kind be passed by the Legislature of this Government. I therefore recommend it to you, to frame such a Bill as will effectually remedy the same Mischiffs and In- conveniences which are intended to be remedied by that Law; for which Purpose I have directed the Secretary to lay a Copy of it before you. ''JOHN PENN. " New Castle, the 5th of June, 1769." Eodem die, P. M. Three Members of Assembly waited on the Governor, and pre- sented him the following Address from the House, viz'- : An Address to His Honour the Governor. *' May it please your Honour : ' ^* We the Representatives of the Freemen of the Government of the Counties of New-Castle, Kent and Susses, upon Delaware, in General Assembly met, acknowledge the Receipt of your Message of this Day, delivered to the House by Mr. Secretary; and beg leave to inform your Honour that divers Inhabitants of the Coun- ties of New-Castle and Chester, have presented a petition to this House relating to the Fishery in the River Brandywine, and that the IIou«e has made some progress in considering of the Matters prayed for ; And your Honour may rest assured that this House will, without Delay, proceed to a further consideration concerning the Regulation of the said Fishery recommended by your Honour, and come to such determination thereon as the Nature of the af- fair will admit of. "Signed by Order of the House, "JOHN YINING, Speaker. " New-Castle, 5th June, 1769. Wednesday, June 14th, 1769. The Assembly sent up on the 8th and 12th Instant, several Bills to the Governor for his Concurrence, which have been read and duly considered, and are entituled as follows. Viz'-: PROVINCIAL COUNCIL. 599 " 1. An Act for the more easy and speedy recovery of small Debts." 2. " An Act concerning Wills made by Persons residing out of this Government." 3. '' An Act for the new appointment of Trustees for the several General Loan Offices within this Government." 4. '' A Supplement to An Act for the Stopping St. George's Creek, and for embanking and draining a Quantity of Marsh and Cripple on both sides of the said Creek, &c^" 5. " An Act for the more effectual draining and improving the Meadow, Marsh, and Cripple, on Christiana and White Clay Creeks." 6. *'An Act for the keeping the Banks, Dams, and Sluices of the Meadow on Red-Hook Creek, in the Hundred and County of New Castle, in Repair." 7. "An Act for aiding the discontinuance of the Process in the Supreme Court, in the County of New Castle, and for appointing other Days for holding the said Court within this Governmoat. 8. " An Act for the more effectual Draining and improving the Marsh, Cripple, & low Land on Morris's Branch, in Appoqniuimink Hundred, and County of New Castle, in the Tenure and Occupation of David Finney, Esquire, John Lewis, and others." The Governor returned the said Bills to the House by the Secre- tary, with a few Amendments to the first mentioned fuur, and a Verbal iVIessage that he gave his Assent to the others. Thursday, June the loth, 1769, P. M. The following six Bills having been sent up by the Assembly to the Governor for his Concurrence, were duly considered and returned to the House by the Secretary, with one Amendment to one, and a Message that his Honour agreed to the other five. Viz'-: 9. "An Act to enable the Owners and Possessors of the Marsh Meadow on the North Side of Christiana River, called Brandywine Marsh, and of a Tract of Meadow, Marsh, and Cripple, on tb'j South Side of the said River, called Hollander's Creek Marsh, and also, of a Tract of Marsh Meadow near New-Port, called Conrad's Crip- ple ; to keep the Banks, Dams, and Sluices in Repair, and to raise a Fund to defray the Expences thereof." 10. " A Supplement to the Act, entituled ' An Act to enable the Owners and Possessors of the Meadow Marsh and Cripple on Red Lyon Creek, in New Castle County, to keep the Banks, Dams, Sluices and Flood-Gates in Repair, and to raise a Fund to defray the Expences thereof.'" 11. "An Act for extending An Act entituled ^ An Act to pre- vent Swine running at large without Rincs and Yokes in certain 600 MINUTES OF THE parts of New-Castle County, within this Government, to a certain part of Apoquinimink Hundred, in the County aforesaid.'" 12. "An Act to enable the Owners and Possessors of the Meadow, Marsh and Cripple on Tom's Creek, in the Hundred and County of New-Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof." 13. "A Supplement to an Act entituled 'An Act for the effec- tual Draining and improving the Marsh on the North End of the Town of New-Castle, in the Tenure and Occupation of John Finney. Esquire, the Eeverend Aeneas Ross, James Sykes, and John Max- well, the Heirs of Benjamin Price, Daniel M'^Lonon, Robert Mor- rison, John Silsbee, George Munro, Esquire, and Nathaniel Silsbee.' " 14. " An Act to enable the Owners and Possessors of the Tract of Meadow Marsh and Cripple, at Swauwick, in the Hundred and County of New-Castle, to keep the Banks, Dams, Canals, Sluices, and Flood-Gates in Repair." The Governor then considered the Record of Conviction of Samuel Galloway, of Kent County, for Burglary, and issued a Warrant for his Execution on Saturday the 15th day of July next. Friday, June 16th, 17G9. Three Members having again broucht up the several Bills which have been amended, and acquainted the Governor that the House had acceded to all his Amendments except the additional Clause proposed by his Honour for luaking the Bill '' fur the more easy and speedy recovery of small Debts/' a Temporary Law, which the Governor now thought proper to recede from, and returned the several amended Bills to the House by the Secretary with his As- sent. Eodem die, P. M. Three Members of Assembly presented to the Governor for his Cpncurrence two Bills, entituled 15. " An Act for amending the Act entituled ' An Act for the Relief of Insolvent Debtors within this Government.' " 16. "Afurtlicr additional Supplementary Act to the Act enti- tuled 'An Act for the better regulation of the Roads in New-Cas- tle County.' " Which were duly considered and returned to the House with the Governor's Assent. PROVINCIAL COUNCIL. 601 Eodem die, P. M. A Committee of the Assembly waited on the Governor with a Message from the House, requesting to know when and where he would be pleased to receive the House in order to Pass the Bills. His Honour having answered that he was ready to receive the House immediately at his Lodgings, they aopordingly attended there, and the Speaker presented the sixteen P>iTls agreed on, which the Gov- enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two Members of 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 Diligence in attending the Business of the Govern- ment, and delivered to him Orders on the Trustees of the Loan Office, for £250, for which His Honour returned the House his thankful acknowledgments. At a Council held at Philadelphia, on Tuesday the 20th of June, 1769. PRESENT The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &e*- James 1 ilghman, ) -r, u- u 13 *. > Jlisquires. Kichard Peters, j ^ The Governor laid before the Board a Transcript of a Record of Conviction, whereby it appears that at a Court of Oyer and Termi- ner and General Goal Deliver}-, holden at Lancaster, in and for the Borough of Lancaster, on Monday the 15th Day of May last, be- fore John Lawrence and Thomas Willing, Esquires, two of the Jus- tices of the said Court, John Adam Berger was tried for and con- victed of Felony and Murder, committed on the Body of Regina jMagdalcna Berger, on the 24th of December last, and had received fcientence of Death for the same. The said Record being taken into Consideration, and no favour- able Circumstances having been reported by the said Judges on be- half of the said Criminal, the Governor, by the advice of the Board, thought proper to issue a Warrant for the Execution of the said John Adam Berger, on Saturday the first of July next. The Governor then acquainted the Board that it had been repre- sented to him that a Magistrate was much wanted in the Borough of Lancaster, and Robert Boyd, Esq., being thought a proper Per- son to fill the said Office, His Honour was pleased to issue a Com- mission, appointing the said Robert Boyd a Justice of the Peace and of the County Court of Common Pleas for the said County of Lancaster 602 MINUTES OF THE At a Council held at Philadelphia, on Tuesday the 11th June, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &C*' Benjamin Chew, » Thomas Cadwallader, ^ -^ Joseph Turner, 5 Esquires. The Record of Conviction of Samuel Galloway, late of Kent County, Yeoman, was re-considered, and a Warrant of Respite di- rected to the Sheriff, was issued for suspending the Execution of the said Samuel Galloway to the 10th day of November next. MEMORANDUM, July the 11th, 1769. The Governor this day received the following Letter from the Honourable William Pitkin, Esquire, Governor of the Colony of Connecticut, Viz'-: " Hartford, the 26th of June, 1769. "Sir: "I received Yours of the 13th of February last, and thought pro- per to communicate it to the General Assembly of this Colony, as is, and has been the Custom in this Government as to such Letters, before I returned an Answer. I improved the earliest Opportunity berefor, at their Session in May last, but no Resolutions relative to the Subject Matter of your Letter were come into by them. W^hat has been resolved by this Colony in favour of the Susquehanna Purchasers, was in the Year 1755, which, I doubt not, you have long since been advised of. Whatever Correspondance has here- tofore been carried on relative to the Subject, has proved ineffectual as to quieting the Minds of those Interested ; and should the like Correspondance be renewed as to the Bounds of the Colony by our Royal Charter, and the Legality of the Purchase made of the Indians, it would probably be of little avail, Private Opinion being very un- determinate in Cases where Provision is made by Law for issuing them. '* I am truly solicitous that the Peace of your Province, as well as this, should be maintained, and flatter myself that Individuals challenging what they claim their Right, which must be determined in a legal manner, will not disturb the Peace of either, but hope such Measures will be come into, and the whole Affair so adjusted, as greatly to redound to the Emoluments of each of them. " I am, with Esteem and Regard, Sir, " Your most obedient humble Servant, uy^M. PITKIN. " To His Excellency John Penn, Esquire." PROVINCIAL COUNCIL. 603 At a Council held at Philadelphia, on Tuesday the 18th of July, 1769. PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Thomas Cadwaladcr, • -p, Richard Peters, James Tilghman, ^ Colonel Francis having Yesterday come to Town fnnn the Forks of Susquehanna, and brought the disagreeable News that on ;he Day of , an Indian Man, called young Seneca George, was unfortunately Shot on the West side of Susquehanna, a few miles below Middle Creek, attended at the Board by the desire of the Pre- sident, and acquainted them that He, with some other Persons, had apprehended one Peter Read as the Person suspected to have Shot the said Indian, and brought him before James Bun], Esquire, who, after taking the Deposition of the said Colonel Francis, James Parr, and William Patterson, committed the said Read to Lancaster Goal 'till further Orders should be given by the Judges of the Supream Court; And after Colonel Francis had related the several Particu- lars respecting the killing of the Indian, as set forth in the Deposi- tion which was sent to the Judges of the Supreme Court, the Board took the matter into their Serious Consideration, and were of Opin- ion that a Present of Condolance should be immediately provided and sent to Old Seneca George, and the other Rehitions of the De- ceased Indian, accompanied with a condoling Message to them from the Government; and that a Letter should be sent Iv the next Post to Sir William Johnson to inform him of this unfortunate Accident, that he may acquaint the Indians with it in the most proper man- ner. Mr. Peters and Mr. Tilghman were appointed to CMifer with the Speaker of the Assembly on the Occasion, in order to know whether He and other Members of the Assembly who were in Town, would engage that the House should pay the Expences of tlic said Present, and such Charges as might attend the delivery of it. At a Council held at Philadelphia, on Wednesday 19th July, 1769. PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Richard Peters, | ^^ • William Logan, James Tilghman, j ^^^ ' " Mr. Tilghman and Mr. Peters reported that they had conferred with Mr. Fox on the Subject recommended to them Yesterday, and that Mr. Fox acquainted them he had consulted several of the 604 MINUTES OF THE Members of Assembly respecting the Present proposed to be made by the Government to the Relations of Young Seneca G-eorge, and that they all much approved of the Measure, and made not the least Doubt but the Assembly would clfcarfully defray the Expence of such Presents as might be thought necessary to be made, as well as the Charges attending the Transportation and Delivery of them. " Whereupon it was agreed that the following Goods should be sent to Fort Augusta without Delay, and there delivered to the In- dians by Colonel Francis, with a Message to be prepared by Mr. Logan and Mr. Peters, and the Secretary was desired to speak to Mr. Fox and request he would Order the said Goods to be provided accordingly. Here follows the List of the Goods, Viz'': 1 Piece of Black Strouds. 1 Ditto of Black half thicks (or Blue if Black cannot be got). 1 Ditto of Black Striped Duffills. 2 Ditto of Bandanoe Silk Handkerchiefs, dark Coloured. 1 Dozen of Shirts, Viz'- 6 Ruffled and 6 Plain, 2 Pieces of Gartering, Scarlet and Star. 50 lbs of Tobacco. 4 Pair of Shoes, and 4 pair of Buckles. 15 Gallons of Rum in 3 Keggs. 2 lbs of Vermillion. ■« 1 dozen of Small Brass Kettles. 2 Barrels of Pork. It is also agreed that Flour and Indian Corn sufficient for the In- dians that may come to Augusta, be provided by Colonel Francis, on the Frontiers or at the Susquehanna. At a Council held at Philadelphia, on Tuesday the 22d of Au- gust, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, <&c^- The Hon''''- James Hamilton, William Logan, ~| Richard Peters, Lynford Lardner, i- Esquires. Benjamin Chew, James Tilghman, J A Company of Indians to the Number of 37, including Men, Women, and Children, came to Town on Friday, and to-day five of their principal Men waiting on the Governor, they were invited into the Council, and on their behalf Shoanaszowa, a Seneca Indian, made the following Speech to the Governor : " Brother : " I am glad to have an Opportunity of seeing you ; We are of your Brethren that live at Chenango, on the Susquehanna, and We PROVINCIAL COUNCIL. 605 come down to see our Brother, to tell him that We have of late bad a good deal of sickness, and are in great Distress. Our Brothers here have always been kind to Us, and We hope We shall now meet with the same kind Treatment We have always had from You. . A String of Wampum. "Brother : " You told us, at the great Treaty that was held last Fall, that You would keep the Road between us open and safe, and be good to us, and desired We would act in the same Manner. Our Dis- position, we assure you, is not changed towards you, it is still the same as ever, and We hope You are likewise of the same good Temper towards Us. We find what you told Us then to be true, for We have come here without any Molestation. The way has not a Stick in it, but all is free and open, and our Journey has been safe. "Brother: " In former Times all this Country belonged to the Indians ; now it is otherwise. Yon have a \&r^e Share of it, and I am glad to find You carry on a good Trade with Us, and We live together in Peace and Love. This is just as you promised it should be at the last Treaty. A String. " Brother : " I hope you will now pay a particular Regard to what I am go- ing to say. We are come here from a great way off, and are much fatigued. There are some of the six Nations where we live, and I am come at their Instance, as well as from the other Indians that are at Chenango, and I hope you will listen to me in their behalf. " You see our Condition ; We are very poor and ragged ; We have not had a good Hunting Season ; We have been very Sick, and are in Distress; Have pity ou Us, and give us a little Cloathing; We are almost Naked." A String. Mr. Peters was desired to acquaint the Speaker of the House ■with this application, and ask him to provide what should be thought proper to be given on the Occasion. Thursday, the 24th of August, 1769. MEMORANDUM. Mr. Fox having, at the Instance of the Governor, provided a present for the Indians, it was this Day delivered to them, and the (Jovernor at the same Time spoke to them as follows : 606 / MINUTES OF THE " Brethren : "I have considered what you said to me; it is all very agreeable ; and I am glad to see you. A String. " Brethren : " You may be assured We shall always observe to do whatever We promise in our Treaties. The People of this Province were always kind to their Indian Brethren; and will continue to be kind to them as long as the Indians, on their side, behave in a friendly, quiet and good manner. A String. ' ' Brethren : "I thought that the Country about Chenango was a good hunt- ing Country ; and that you might get Fish in Plenty ; and that all sorts of Game abounded there. We are sorry that you tell Us of your distress and Poor Condition; and in consideration thereof, We have provided (though with some difficulty, as there are now scarce any Indian Goods in Town) a few things for you, which I desire your acceptance of as a Testimony of the Love the good People of this Province bear to their Indian Brethren." Thursday the 24th of August, 1769. MEMORANDUM. The Governor having received further Intelligence respecting the Determination of the Connecticut People to continue to keep Pos- session of the Wyoming Lands, thought proper to dispatch by Ex- press the following Letters and Instructions to Colonel Francis, at Fort Augusta, Mr. Charles Stewart, Mr. Amos Ogden and Mr. John Jennings, Sheriff of Northampton County. A Letter from the Governor to Colonel Francis. "Philadelphia, the 24th of August, 1769. " Sir : " As the New England Men have not thought proper to observe their agreement made at Easton, but soon determined to retain their unlawful Possessions at Wyoming, I must desire you to exert your influence in raising as good a Party as you can, in order to assist the Sheriff of Northampton in executing the King's Writ on the New England People at Wyoming who were indicted at Easton, and J hope you will find the People in your Neighbourhood as willing to embark in the affair as they have heretofore shewn themselves. When you can know what number you can procure, you will send PROVINCIAL COUNCIL. CCf aa Express to "Wyoming, informing Mr. Stevyart or Mr. Ogden of it, that they may transmit the Account to the Sheriff of North- ampton, and fix a Time of meeting him at Wyoming, in which you will take Care to allow Time enough. " I send you £ , to defray the Expense of the Expedi- tion. " It is hoped you will be able to procure the People to go with- out Pay, as they have already manifested a very good Disposition to bring the Intruders to Justice, and to support the Civil power of the Government under which they live. If the Persons Indicted have all left Wyoming, you will be made acquainted with it by Mr. Stewart or Mr. Ogden, and in such Case you need not proceed. I have a Confidence in your activity and Resolution, as well as in your Prudence, in this Service, and am, Sir, " Your most obedient humble Servant, ''JOHN PENN. "To Colonel Turbutt Francis at Fort Augusta." j1 Letter from the Governor to Messieurs Stetoart and Ogden "Philadelphia, the 24th August, 1769. "Sir: " As the New England Men seem determined to remain at Wyo- ming, there is a Necessity that the Government should take proper Measures to bring the People Indicted at Easton to Justice ; And tor that Purpose I desire you will immediately repair to Wyoming, iu order to carry on a Correspondance with Colonel Francis, who is desired to assist in this matter, and also with Mr. Jennings, the Sheriff of Northampton, who is properly instructed in the manner of executing the King's Writ against the Offenders. " If, upon going to Wyoming, you find that all the Persons In- dicted have left the place, you are immediately to advise both Colonel Francis and the Sheriff of it, that the Expence of bringing up their Parties may be avoided. If any thing particular should occur, which you may think proper for the Government to be ap- prized of, you are to send Expresses for the Purpose. "I am, with great Regard, Sir, " Your most Obedient humble Servant, "JOHN PENN •'To Charles Stewart or Amos Ogden, Esquires." 608 MINUTES OF THE *' Instructions to the Sheriff of Northampton, relative to his C'jti' duct in executing the King's Writ upon the New England Men at Wyoming, Indicted for Forcible Entry, &ca. : '' You are to summon to your Aid as many of the Inhabitants of the County as you may judge necessary. '* It is expected that a Number of People from the West Branch of Susquehanna will join you in the Neighbourhood of Wyoming, ■whom you will also take to your assistance ; but of this you will receive further and more particular Intelligence, either from Wyo- ming or Philadelphia, and you are to wait till such further infor- mation is given you. " As you are a Stranger to the Persons Indicted, you should take "with you such of the Persons settled at Wyoming, under Pennsyl- vania, as are acquainted with them, to shew or point out to yon those named in the Writ. " You are to be Cautious not to arrest any who are not named in the Writ, except they oppose you in the legal execution of yoxir Duty, or attempt a rescue, or otherwise commit a Breach of the Peace 3 in either of which Cases, you may arrest and detain them, until they can be carried before a Justice to Answer^ for their Offence. **If the Persons named in the Writ, or any of them, retire to any House and refuse to admit you, you are first to demand En- trance, and inform those within that you have the King's Writ against the several Defendants, and if they afterwards refuse to open the Doors, you will be justified in breaking them open and entering to make the arrest; but, before you proceed this length, it is absolutely necessary you should know that one or more of the Defendants are within the House ; but in this Case, it would be well if, before you use Force, you would parley with the wrong-doers, and urge Arguments to induce them to desist from their illegal Purpose. " As the New England Men threaten to oppose You in the exe- cution of your Duty with Force and Violence, it is prudent that You and Your Party should furnish yourselves with Arms for your Defence and Preservation only, but not to make use of them unless reduced to the necessity of doing it by an illegal and violent resist- ance, in which Case you may oppose Force with Force. It is, how- ever, warmly recommended to You to exercise on this unhappy Occasion the utmost Discretion and Prudence, to avoid the effusion of Blood, and that neither You or Your party strike, fire at, or Wound the Offenders, unless you are first stricken, fired on, or Wounded. '^ At the same Time that it is required of you to act a spirited and resolute Part in using your utmost Endeavours to arrest the Offend- ers, it is not expected or desired that you should expose yourself and your Party to unnecessary Danger, or run great Hazards, if PROVINCIAL COUNCIL. 609 vou should be opposed by Numbers so greatly Superior to You that there is no probability of succeeding in the Attempt, which must be left to your own Judgement and Observation on the Spot; but iu such Case you are to return and make Your Report to me, in Order that I may apply to General Gage to furnish nie with the Military Force to support the Civil Power, & enforce the execution of the Laws. ' ''JOHN PENN. ^'To John Jennings, Esq""-' Sheriff of the Cot''- of Northampton." "Philadelphia, August 24th, 17G9. Tuesday the 19th of September, 1769. MEMORANDUM : The Governor received a Verbal Message from the Assembly, acquainting him that the House had met pursuant to Adjournment, and were ready to receive any Business he had to lay before them, to which His Honour answered that he had nothing in particular at present to recommend to their consideration. At a Council held at Philadelphia, oa Tuesday 26 September, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, <&c''-' and James Tilghman, Esquire. The Assembly having sent up to the Governor for his Concur- rence a Bill eatituled " An Act for the Support of the Government of this Province and Payment of the Public Debts," the same was read, and before any Determination should be made respecting it, the Governor thought proper to send a Verbal Message to the House by tUe Secretary, requesting them to furnish him with a List of the I'ublic Debts which are intended to be discharged by the Bill under his Consideration. Wednesday the 27th of September, 1769. Two Members of Assembly brought to the Governor an Esti- mate of the public Debts referred to in the Bill for the support of Government, and also, delivered to His Honour an Address from the House, which is as follows, viz'-: VOL. 7.X.— 39. 610 MINUTES OF THE To the Honourable JOHN PENN, Esquire, Lieutenant Governor of the Province of Pennsylvania, &ca. The Address of the Representatives of the Freemen of the said Province in General Aasemhly met. " May it please yotsr Honour: "We, the Representatives of tbe Freemen of the Province of Pennsylvania, in Assembly met, beg leave to represent, that taking lander our Congideration the several Laws lately passed for the Pre- servation of the Fish in the Rivers Delaware, Susqaehanna, and Schuylkill, and making the last mentioned Navigable, find, not- withstanding the salutary Provisions in the said Laws, a large Num- ber of Wears, Bams, Baskets, and other Obstructions have bees, and daily continue to be erected in the said Rivers, whereby tbe good Intentions of the Legislature are rendered ineffectual, ssnd the Mis- chiefs intended to be remedied remain unremoved, and that a con- tinuance of those Mischiefs is principally occasioned by the Neglect of the Magistracy and Constables concerned ia the du® execution of the Powers vested in tbem by those Laws. "We therefore earnestly request your Honour will be pleased to issue your Proclamation requiring and commanding tbe Magistrates and all other Officers for the several Counties adjoining the said RiverS; to pay due Attention to the said Laws, and esert their utmost Endeavours to enforce a faithful and strict Obedience to them. " Signed by Order of the House, " JOSEPH FOX, Speaker. " September 27th, 1769.'' At a Council held at Philadelphia, on Friday the 29th Septem- ber, 1769. PRESENT ; The Honourable JOHN PENN, Esquire, Lieuteuant Governor^ &ca. Richard Peters, Benjamin Chew, ? -r^ James l3lghman, 3 ^ The Minutes of tbe Indian Conferences held last Month by Colo- nel Francis at Shamokin, were read and ordered to be entered in the Council Books, and the Secretary was directed to lay the same before the Assembly for their Perusal. Tbe said Minutes are a& follow, viz'' , PROVINCIAL COUNCIL. 611 ** Minutes of a Conference held at Shamokm or Fort Augusta^ l>j/ Colonel Francis on the part of the Government of Pennsi/lvafiia, with the Indians inhahitimj in and near Shanango, in order fta Condole with and make a Present to Seneca George and his Re- lations, on Account of the Death of George's only Son, who was Shot some Time since hy an unknown Person, near the Mouth of Middle- Creeic on Susquehanna. Saturday, August the 19th, 1769, a little before Noon Seneua George, accompanied bj the Conoy King, named last Night by an Onandago Chief named Glenquant, and about 53 more Indians of different Tribes, but chiefly Nanticokes and Conoys, landed from, their Boats and sent a Message to Colonel Francis to know whea. they might speak to him, who immediately returned Answer that in the Afternoon he would be glad to see his Brother Seneca George and the Friends and Brethren he had brought with him. Colonel Francis then prepared to receive the Indians, and desired the Reve- rend Doctor Smith of Philadelphia, who happened to come to the Fort about half an Hour before the Indians, to give his assistanoe in taking the Minutes, &ca. August the 19th, in the Afternoon. PRESENT : Colonel Francis, on the Seneca George, part of the Government, Last Night, the Conoy King, Reverend -Doctor Smith, Genquant, an Onondago, and about 50 Inhabitants, and 22 more Warriors, on ana near Susquehanna. and Young Men. Isaac Still, Interpreter. Seneca George speaks : *' Brother : " You sent a Letter some Days since inviting me to this Placo I invited my Brother Genquant, one of the Onondagoes, to come with me, and likewise some of my Children of the Nanticokes and Conoys. I also found other Young Men waiting for me to come down ; and now we are all here before you, as if you was the Gover- nor, for you could not expect me to come alone. " Brother : '* We have met among ourselves this Day with many Tears, but now we sec you our Tears begin to dry up a little, and we ar« ready to hear what you have to say, and you may appoint the Tim© as soon as you please, and when you speak, all of us will conpidftx one with another what you say to us. 612 MINUTES OF THE ** ]5rother : "I will speak one Word more, I desire you would stop all your Strong Drink a while, for you and I can neither speak nor smoke together rightly if our young Men should get Drink at this Coun- cil-fire kindled by the Grovernor at Shamokiu. " Brother : ''You and I are Friends and know each other, and you likewise very well know what the Custom is when the .Governor meets his Brethren at any place where he appoints a Council Fire, Now you see your Brethren here, and we desire you will give us something to eat, for this is always the Custom when We meet the Governor at a Council Fire. We have no more to say at this Time." Colonel Francis was going to^iake some Reply, and to express his Pleasure at Meeting bis Brethren, and to tell them that they ehould hear good Things from the Governor on Monday, But Seneca George got up and desired Colonel Francis would not speak then, it being better to consider what had been said to him till Monday. The Indians then went to their Camp, and Provisions were sent to them. This Evening Joseph Shippen, Esquire, the Provincial Secretary, arrived at the Fort. Sunday, August 20, 1769. The Indians having understood that Doctor Smith was to have Divine Service to White People assembled at the Fort, Seneca George sent Notice that his People worshipped the same God with the English, and would attend Divine Service, which they did ac- cordingly, with great Decency, and Isaac Still interpreted the Con- clusion of the Discourse, which was particularly addressed to them. Monday, August 21st, 1769. PRESENT : Colonel Francis, Seneca George, Joseph Shippen, Esquire, Last Night, the Conoy King, Reverend Doctor Smith, Genquant, the Onondago Chief, Charles Stewart, Esquire, and other Indians, as before. and near 100 Inhabitants. Isaac Still, Interpreter. Seneca George speaks : "Brother, and all of you n>y Brethren : *' This Day We are all met here together. Some chief Men, my Brothers, are come with m"e, and some young Man, to this Council PROVINCIAL COUNCIL. 613 Fire kindled by the Governor. You have sent for me to corns from Shanango, and now I am come to hear my Brother, and I suppose you have something within your Heart to tell me." Gives a String. Colonel Francis then spoke as follows : ^' Brother Seneca George and all you, my Brethren : " I am glad to see you here, and that you received the Letter I sent you soon enough to meet me here at the very Time I wished to see You. My Grief for what has happened has been equal to yours, but on seeing you here in so friendly and good a Disposi- tion, my Grief is now so much removed that I have been able to light this Council Fire, and to acquaint you with what is contaiued within the Governor's Heart on this Occasion. Gives a String. "Now Brethren open your Ears and listen. I am going to de- liver to you what the Governor desired me to speak to Seneca George and his Friends on this sad Occasion. Attend then Breth ren, for it is now the Governor speaks. " Brethren : " I take this Opportunity by Colonel Francis to give you my kind and hearty salutations, and by this String I desire you will hearken to the Message I send you by him. A String of Wampum. " Brethren : " It is not above a Month ago that Colonel Francis came from Shamokin, on purpose to acquaint me of the Death of one of our Indian Brethren, and that the Man who was supposed to have committed the Crime was apprehended and secured in Lancaster Gaol. " On this information, I ordered the Man to be sent to the Gaol of this City, to be kept secure till he can be tried. " Brethren : " Colonel Francis further acquainted me that the Indians who were in the Cabbin with our deceased Brother at the Time he was killed, were present when the Offender was taken, and were satisfied with Colonel Francis's Conduct in this Affair, and were kind enough to take a Message from him to give you an Ac- count of what had been done, and to tell you he was hastening to Philadelphia to lay the same before me, and would bring in a Month or six Weeks my Message to you on this Melancholy Occasion, and desired you to be at Shamokin in Order to re- ceive it. " Brethren : * " Knowing that by Treaties between this Government and the Indians, We are obliged to inform each other of any accidents that happen which may be likely to disturb the Peace sub- 614 MINUTES OF THE aisting between us ; as soon as I had made myself acquainted with tfce Particulars attending this Matter, I lost no Time in sending an Account thereof to Sir William Johnson, that he might relate the real Truth, so far as was come to my knowledge, to the Indians of the Six Nations, and assure them that the person apprehended should be talien great Care of and safely secured, and receive his Trial in the same Manner as if the Deceased had been a "White Man; and by his Trial it will appear whether the Affair was accidental or designed. " Brethren : ''We are sensible that whilst the Body of our deceased Brother lies above Ground your Minds cannot be easy. We therefore, by these Strouds, bury this Body and cover it so deep that your Eyes may never more see it. Black Strouds. "Brethren : " With these Handkerchiefs We wipe away all the Tears which run down your Cheeks, and take the Sorrow froon your Hearts, and deflire you would grieve no more. Handkerchiefs. *' Brethren : " With this Belt We scrape up all the Blood that has lain on the Ground or may have stained the Bushes. We collect them to- gether and bury them under Ground, that neither your nor your friends Eyes may more behold them, as you pass and re-pass the place where the accident happened. A Belt. "Brethren : • •' As we have now buried the Body of our deceased Brother, We desire you will suffer no uneasiness to remain in your Minds, that may cause the least ill will towards your Brethren, the English. A Belt. ♦' Brethren : " As you are the Relations of our deceased Brother, as a Token of our Affection for you and to comfort your Hearts, We desire you would accept of this present of goods." Delivered the Goods. (signed) "JOHN PENN." Seneca George then Speaks : "Brother: "Now I have heard what the Governor has to say to me on this Occasion; My Young Men and the Chiefs that are come with me have likewise heard it, and are very glad that they have heard the Governor of Philadelphia speak. Now I will return to my J'ire-place, and to-Morrow will give an Answer to what the Gover- nor has said to us." PROVINCIAL COUNCIL. 615 Tuesday, August 22d. The iRdians sent Word they could not be ready to answer the ^jsanires James Tilghman, 5 The Governor laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, Lancas- ter, Northampton, Berks, and New Castle, which being duly con- sidered, the following Persons were appointed and Commissionated as the Sheriffs and Coroners for their respective Counties, Viz'- : Joseph Redman, Sheriff, | Philadelphia City and Caleb Cash, Coroner, J County. Jesse Maris, Sheriff, ) rii ^ n i T u n-uu T • n ^Chester County. Joseph Gibbons, Junior, Coroner, j "^ Joseph Ellicott, Sheriff, > ^^^^^ ^ James Wallice, Coroner, 5 James Webb, Junior, Sheriff, ? t ^ r> A 1 T* • 1 /"I r xjancaster jl/o. Adam Kigirt, Coroner, 3 John Jennings, Sheriff, 7 -kt li. l t\ -ITT-,,. r jr ' ^^ r Northampton Do. William Ledlie, Coroner, 3 ^ Jacob Shoemaker, Sheriff, / -d 1. -p, James Whitehead, Junior, Coroner, 3 Thomas Duff, Sheriff, ? j^^w Castle Do Henry Vining, Coroner. 5 A Draught of a Proclamation being prepared by Order of the Governor, in consequence of the Assembly's Request of the 27th Ultimo, for enforcing a due Obedience to certain Laws passed by the Legislatures of the Provinces of Pennsylvania, Maryland, and New Jersey, for the Preservation of the Fish in the Rivers Delaware, Schuylkill, Susquehanna, and the Lehigh, the same was laid before the Board read and approved, and ordered to be printed in the Penn- sylvania Gazette, Chronicle, and Journal, the three following weeks, and 200 loose Copies to be struck off immediately, in order to be dis- tributed and fixed up in the most public places in the several Coun- ties bordering on those Rivers. Four Gentlemen of this city waited on the Governor and presented him a Petition signed by a very considerable Number of the Inha- bitants of the Counties of Philadelphia and Chester, sotting forth that the Public Highway from the city of Philadelphii to Chester now in use, leads over no less than fifteen steep and stony Hills of very difficult ascent, and is also crooked and far about, which ren- ders it very inconvenient to Travellers, but more especially to those who Travel with Carriages of all sorts : 624 MINUTES OF THE That a more straight and convenient Road on level Ground, and oasy to be maintained, may be opened from the Road leading into the Streets of the said City, through the Townships of Moyamen- sing and Passyunk on the North, and of Kingsoss, Tinicum, and Ridley on the South side of the River Schuylkill, into the present Road leading from Philadelphia to Chester, near Crum Creek, by which the many rough Ways and Steep Hills which render Travel- ling tedious, disagreeable, and dangerous, as well as very difficult with Carriages of Burtnen, may be avoided, and a considerable length of way saved in the Distance between Philadelphia and Chester : And praying that the Governor and Council would be pleased to make such Orders as to them shall seem meet for the Viewing, lay- ing out, and opening the said Road, in such Manner as shall most conduce to the Public Benefit and the relief of the Pititioners. The said Petition was immediately laid before the Board and read, but as only two Members of Council were present, the consideration thereof was deferred to a future Meeting, when a fuller Board should be met. Friday, the 6th of October, 1769. The Returns of the SheriflFs and Coroners for York, Cumberland, Kent, and Sussex Counties, being now made, The Governor ap- pointed and Commissionated the following Persons as Sheriffs and Coroners for their respective Counties, Viz'*: George Eickelberger, Sheriff, > ^ork County. Joseph Adlum, Coroner, 3 David Hose, Sheriff, ? p, t, i j -r, TiT-ii- 1? ri r Cumberland, Do. AViluam Denny, Coroner, ^ ' James Wells, Sheriff, ) xr l t» T ii c- 1 n ( Kent Do. Jonathan hippie, Coroner, 3 Eoaz Manlove, Sheriff, > ^ j. William Chance, Coroner, 3 ' At a Council held in the Council Chamber on Saturday the 14th day of October, 1769. PRESENT : The Honourable *JOHN PENN, Esquire, Lieutenant Governor, '(fee- Benjamin Chew, Esquire. A committee of the Assembly waited on the Governor yesterday, and acquainted him that pursuant to the Charter and Laws of this Province a Quorum of the Representatives had met, and having PROVINCIAL COUNCIL. 625 proceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that he might be presented for his Honour's approbation. The Governor having appointed this forenoon at 11 o'clock for that purpose, acquainted the House by the Secretary that he attend- ed his appointment in the Council Chamber, and was ready to re- ceive the House with their Speaker. The whole House waited on the Governor and presented Joseph Galloway, Esquire, as their Speaker, who after receiving the Gov- ernor's approMtion, claimed the usual Priviledges in the name and behalf of the House, viz'-: 1st. " That the better to discharge the Business of the Public, they may at all seasonable Times have free access to the Governor." 2dly. " That their Persons may be protected from all Arrests and Insults during the Time of Priviledge accustomed." Srdly. '* That it may please the Governor to take no Notice of any Report that may be made touching any Matter or Thing that may be moved or debated in the House, until the same shall be pass^'d into Resolves, nor give the least Credit to such Reports." 4thly. " That his own [the Speakers] unwilling mistakes may be excused and not imputed to the House." These being requested as the Rights and Priviledges of the Free- men of Pennsylvania, derived and confirmed to them by the Char- ter and Laws of the Province, the Governor was pleased to make answer that he thought them inherent in a Representative Body, and he should be careful to protect the House therein. New-Castle, Monday the 23rd of October, 1769. Three Members of Assembly waited on the Governor with a Message from the House, acquainting him that they had met on the 20th of this Month, pursuant to the Charter and Laws of the Gov- ernment, and had chosen their Speaker, and requested to know when and where they should wait on him in order to present him for his Honour's approbation. And the Governor having answered that he should be ready to receive the House immediately at His Lodgings, they accordingly attended there and presented Mr. Caesar Rodney as their Speaker, who after being approved by the Governor, claimed the usual Priviledges which were allowed, and then they withdrew. Tuesday, the 24th of October. A Committee waited on the Governor and acquainted him that the House were duly qualified and desired to know if His Honour VOL. IX. — 40. ^26 MINUTES OF THE had any Business to lay before them. The Governor answered that he h;id none at present. At a Council held at New-Castle, on Saturday the 28th of October, 1769, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor. Beniamin Chew, ? tt. • T rr-i u r Jiisquires, James lilghman, 3 ^ Two Members of Assembly brought up a Bill for the Governor's concurrence, entituled " An Act," &c^' which was read and returned to the House with two small amendments. The President and Council having, in the absence of the Gover- nor, on the 11th of June last, issued a Warrant of Respite for sus- pending the Execution of the Sentence of Death awarded against Samuel Galloway, of Kent County, who had been convicted of Bur- glary, until the 10th day of November next. The Governor, with the advice of his Council, and on the Intercession of the Judges of the Court of Oyer and Terminer, thought proper to grant the said Samuel Galloway a Reprieve during Pleasure. The Governor acquainted the Board that Mr. Benjamin Noxon and Mr. John Malcolm had been recommended to him as proper Persons to be in the Magistracy for the County of New Castle, and being approved as such, the Governor directed a new General Cora- mission of the Peace to be made out immediately, with their names inserted therein. A Commission was accordingly issued this Day, appointing the Members of the Council and the following Gentle- men Justices of the Peace and of the County Court of Common Pleas for the County of New Castle, Viz'- : Evan Rice, Thomas M'Kira, John Stapler, William Williams, Thomas James, Jacob Peterson, David Finney, John Evens, William Patterson, Thomas Tobin, Thomas Coooh, Theodore Maurice, William Armstrong, Thomas M'Kean, James Lattimer, Benjamin Noxen, John Jones, John Malcolm. Two Members of Assembly waited on the Governor with the Mid- dieborough Marsh Bill, and acquainted His Honour that the House had acceded to his Amendments. The Bill was then returned to the House, with a Verbal Message that he agreed to pass the same into a Law whenever the House should present it for that Purpose. PROVINCIAL COUNCIL. 6^7 A Committee of Assembly waited on the Governor and ac- quainted him that the House inclined to postpone the remainder of their Business till the Spring, and proposed for that purpose to ad- journ till the 6th of March next, if that time was agreeable to His Honour, but if otherwise, they requested the Governor would be pleased to mention some other Time which might be more conve- nient to him, and the House would take it into consideration. The Governor made answer that their proposed time of Adjournment was very agreeable to him. Eodem Die, 6 o'clock, P. M. A Committee of the Assembly waited on the Governor and re- quested to know when and where he would be pleased to receive the House in order to Pciss the Bill to which he had given his Assent. His Honour having answered that he was ready to receive the House immediately, at his Lodgings, they accordingly attended there, and the Speaker presented the Middleboi'ough Marsh Bill, which the Governor enacted into a Law, and signed a Warrant for affixing the Groat Seal thereto, and then directed the Secretary to accompany two Members of Assembly to see it Sealed and deposited in the Rolls office. The Speaker then, in behalf of the House, thanked the Gover- nor for his careful attendance on the Business of the Government, and delivered to him Orders on the Trustees of the Loan office for £200, for which His Honour expressed his thankful Acknowledge- ments. A.t a Council held at Philadelphia on Wednesday 8th November, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governoiv &c. William Logan, Lynford Lardner, > ^ Joseph Turner, Benjamin Chew, S -^^squires. The Petition of the Inhabitants of Philadelphia and Chester Counties for a new Road to be laid out from the South side of Schuylkill in Kingsess Township, into the present Road leading from the City of Philadelphia to Chester, near Crum Creek, was again laid before the Board and read, and the same being taken into consideration, it is ordered that Joseph Fox, Hugh Roberts, Samuel Roads, Daniel Williams, and John Lukins of Philadelphia County, and Henry Hale Graham, Joseph Gibbons, Samuel Levia, 628 MINUTES OF THE and John Crosby of Chester County, do view the Gronnds and Lands between the South side of Schuylkill near the Province House, and that part of the old Provincial Road where the same crosses Crum Creek, or thereabouts, and if they, or any six of them, think a new Road necessary, and of public utility, that they run out the Courses and distances of such a Road as they may judge most convenient and useful, and make their Report to the Governor and Council on or before the day of next, for their further Considera- tion, that they may do therein what shall appear to them most conducive to the Public Good, and for the better information of the Board, it is also ordered that the said Gentlemen, or any six of them, if they think proper to run out such a Road, do annex to their Report as particular an account as they can of the low Grounds, Marshes or Creeks, over which the same will pass. The Governor then laid before the Board the petition of Richard Vandyke, and other Inhabitants of the Township of Lower Dublin, in the County of Philadelphia, setting forth that the said Richard Vandyke is much injured by the King's High way leading from Philadelphia to Bristol, which runs altogether through his Land, near the Line of John Holme's Land (opposite to the 9 Mile Stone), cutting a Triangular Strip therefrom, and thereby putting him under the necessity of making and maintaining a double Fence, and humbly praying that an order may be issued for viewing the premi- ses, and that the Road be laid out and run along the Line dividing the said Richard Vandyke's and John Holme's Lands, so that the same be made strait. Which being read and considered, it is ordered that Jonathan Thomas, the present Overseer of the High- way for the said Township of Lower Dublin, together with William Parr, Joseph Redman, William Ashbridge and Leonard Shorcross,or any four of them, do view the Ground along the Line dividing the said Richard Vandyke's and John Holme's Laud, and if they find that a good Road may be conveniently made along the said Line, without any Disadvantage or extraordinary Espence to the Public, that they lay the same out accordingly, so as to accomodate the said Richard Vandyke, and make a Return of the Course and Dis- tance of such Alteration as may be made in the said Ptoad, into the Secretary's Of&ce, within six months from this Date, in order that the same may be confirmed by the Governor and Council. PROVINCIAL COUNCIL.' 629 At a Council held at Philadelphia, on Thursday 7th of Decem- ber, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c^- "William Logan, Lynford Lardner, 7 g^^j^-gg Richard Peters, James Tilghman, 5 The Governor acquainted the Board that he lately received at New- York, by the Packet, from the Honourable Thomas Penn and Richard Penn, Esquires, a new Commission under their Hands and Seals, dated the 24th of August last, continuing him Lieutenant Gov- ernor of this Province and three Counties on Delaware, from the first day of this Instant, December, (when his former Commission expired), until the first day of December, 1772, as also Copie^of His Majesty's Orders in Council, dated the 15th day of September last, one declaring His Majesty's approbation of his appointment to the Government of the said Province and Counties, and the other containing His Royal Orders to the Governor of New-York, or any other of His Majesty's Governors in the Neighboring Provinces, for administering to him the several oaths required by Law to Qualify him for that Trust, and for taking the usual Security for his observino; the Acts of Trade and Navigation. His Honour further acquainted the Board that, pursuant to the last mentioned order, he had waited on the Honourable Cadwallader Colden, His Majesty's Lieutenant Governor of New- York, had given the usual Security, and taken and subscribed before him at New-York the sev- eral oaths required by Law, to qualify himself for the Execution of his oifice of Lieutenant Governor of Pennsylvania, and the said Counties, a Certificate whereof, under Governor Colden's Hand and Seal at Arms, was laid before the Board as were likewise the Com- mission and His Majesty's Order aforesaid. The Order of Council expressing His Majesty's approbation, and Governor Colden's Certificate, were ordered to be entered on the 3Iinutes of Council, and are as follow, Viz'-; At the Court at St. James's, the 15th Day of September, 1769. PRESENT : [L. S.] " THE KING'S MOST EXCELLENT MAJESTY. Duke of Marlborough, Richard Rigby, Esquire, Viscount Weymouth, Sir Edward Hawke, Viscount Barrington, George Onslow, Esquire. " Whereas, His Majesty was pleased by his order in Council of the 8th of August, 1706, upon the Representation of Thomas Penn and Richard Penn, Esquires, Proprietaries of the Province of Pennsylvania and Counties of New-Castle, Kent, and Sussex, on 680 MINUTES OF THE Delaware, in America, to approve of John Penn, Esquire, the Nephew of the said Thomas Penn, and Eldest Son of the said Richard Penn, to be Deputy Governor of the said Province for the Term of three years, to commence from the first day of December, 1766, and of the said three Counties of New Castle, Kent, and Sus- sex, during his Majesty's Royal will and pleasure only, under the Provisoes and Conditions therein mentioned : Jincl tvhrreas, the said Thomas Penn &, Richard Penn have this Day represented to His Majesty at this Board, that they have nominated the said John Penn to be Deputy Governor of the said Province and Counties, from the first of December, 17G9, (when his present Commission expires,) until the first Day of December, 1772, and therefore prayed His Majesty's Gracious Allowance and Approbation of the said John Penn, to be Deputy or Lieu- tenant Governor of the said Province and Counties. His Maj- estj^taking the same into Consideration, is hereby pleased to ap- prove of the said John Penn to be Deputy Governor of Pennsyl- vania, for and during the aforementioned Term of three years, to commence from the said first day of December next, and of the said three Counties of New Castle, Kent, and Sussex, during His Majesty's Royal will and pleasure only ; provided the said Thomas and Riehard Penn do make a Declaration, in such manner as hath been formerly made, relating to His Majesty's Right to the said three Counties, and that the said John Penn do give the usual Se- curity for his observing the acts of Trade and Navigation as in the like Cases, and Qualify himself for that Trust, as required by Law. And in regard the said John Penn is at present in Pennsylva- nia, in the Execution of his Office of Governor of the said Province, His Majesty is therefore hereby pleased to Order that the said John Penn do give the Security above proposed, and likewise qualify himself for that Trust, before the Governor or Commander-in-Chief of His Majesty's Province of New York, for the Time being, or any other of His Majesty's Governor's of the neighbouring Pro- vinces; And His Majesty doth hereby further order that the Lords Commissioners for Trade and Plantations, do prepare and lay before His Majesty at this Board, a Draught of such Instructions as have been usually given by His Majesty to the said Proprietaries on the like Occasions. "STEPH. COTTRELL." Here follows Governor Colden's Certificate : "[7y. aS'.] Cadioallander Cohhn, Esquire, His Majesty's Lieuteim)tt Governor and Commander-in-Chief of the Province of New York, and the Territorii's di'peiiding th'^reon in America : " To all to whom these Presents shall come, Greeting : "Ida hereby Ccr tifu i\nd make known that, on the Day of the Da.te of these Presents, John Penn, Esquire, Deputy Governor of PROVINCIAL COUNCIL. 631 the Province of Pennsylvania and Counties of New Castle, Kent, and Sussex, on Delaware, Personally came before me, and pursuant to His Majesty's Order in Council of the 15th Day of September last, took and subscribed the Oaths required by Law to be taken^ and the Abjuration Oath mentioned in the Act of Parliament, made in the sixth Year of His Majesty's Reign, and also took an oath for the faithful Execution of his Office, and for the due observ- ance of all the Acts of Trade and Navigation hei'etofore passed and now in force, relating to His Majesty's Colonies and Planta- tions, according to the true Intent and meaning thereof, so far as appertains unto him the said John Penn, Esquire, as Deputj Governor and Commander-in-Chief of the said Province and Counties. " And I do further Certify that the said John Penn, Esquire, hath given bond to His Majesty, with good and sufficient Security,, in the Penalty of two thousand Pounds Sterling, for his observing the said several Acts of Trade and Navigation, and obeying such Instructions relating thereto as shall be from time to time sent from His Majesty, or any acting under his Majesty's Authority, which Bond remains in my Hands, to be Transmitted to the Right Honourable the Lords Commissioners for Trade and Plantations • coraformablc to His Majesty's Royal Commands, signifiei in His order of Council above mentioned. " In Testimony whereof I have hereunto set my Hand and Seal-at- Arms, at Fort George, in the city of New York, the thirtieth day of November, in the year of our Lord one thous^and seven hundred and sixty-nine, and in the tenth year of the Reign of Sovereign Lord George the third, King of Great Britain, &"• '- CADWALLADER COLDEN, The Governor then, attended by his Council, the Mayor, Re- corder, and Commonality of this City, (Who had Notice given them to attend on this occasion), and preceded b}^ the Sheriif and His officers, went in Procession to the Court House, where the Commis- sion and the Order of Council declaring His Majesty's Approbation, were read b}'' the Secretary, in the Presence of a Concouise of Peo- ple. At a Council held at Philadelphia, on Friday the 22d of Decem- ber, 1769. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, James Hamilton, Richard Peters, ) -^ • „„ T m-i 1 > Esquires. James lilghman, j ^ The Governor laid before the Board a Transcript of a Record of the Conviction of Cornelius Donnahy, for Felony and Murder, bj 632 MINUTES OF THE which it appeared that at a Court of Oyer and Terminer and Gen- eral Goal Delivery, held ,at Carlisle for the County of Cumberland^ on the 29th of November last, before John Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court of the Province of Pennsylvania and of the said Court of Oyer and Ter- miner, the said Cornelius Donnahy was tried and Convicted of a Felony and Murder committed on the Body of a certain William King, and received Sentence of Death for tlie same. The Board took this matter into consideration, and it appearing by the Report of the Judges to the Governor, that the said Corne- lius Donnahy is an Atrocious Murderer, and deserves no Compas- sion, were of Opinion that the Sentence of the said Court should be put in Execution against him. The Governor accordingly signed a Warrant for the Execution of the said Cornelius Donnahy, at Carlisle, on Saturday the loth Day of January next. Mr. Hamilton acquainted the Board that in the Year 1750 he had received several Reports of the Slitting Mills, Plating Forges and Steel Furnaces, v/ithin this Province, made to him by the Sher- iffs of Philadelphia, Bucks, Chester, aad Lancaster Counties, pur- suant to his Proclamation which ho had issued the same Year, re- quiring them so to do, and that he had Transmitted a Certificate thereof to the Lords of Trade, agreeable to the Act of Parliament, but that as they had by some Mistake been omitted to be entered in the Council Books, he now laid them before the Governor and Council for that Purpose. The Board accordingly directed the Secretary to enter them on the Minutes of Council, and they are as follow, Viz'- : " In Obedience to the Commands of the Honourable James Ham- ilton, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, &c^' by a Proclamation of the Six- teenth day of August last past, under the Governor's hand and the great Seal of the said Province, requiring and commanding the Sheriff of every County in the said Province, respectively, on or before the twenty-first Day of September Instant, to appear before him at the City of Philadelphia, and then and there by Writings under their Hands and Seals, to Certify and make known to him every Mill or Engine for Slitting and Rolling of Iron, every Plating Forge for working with a Tilt hammer, and every Furnace for making of Steel, which were erected within their respective Coun- ties on the twenty-fourth day of June last past, and the Place and Places were the same were erected, with the Name of their Reputed Proprietor or Proprietors, and the Occupiers of them, and every of them, and whether they or any of them were used on the twenty- fourth day of June or not, as they and each of them will answer the Contrary at their Peril. I do humbly Certify that William Branson, of the City of Philadelphia, is Owner and Occupier of a Furnace for the making of Steel, erected within the City of Phila- delphia, which was in use on or before the 24th day of June last PROVINCIAL COUNCIL. 633 past. And that Stephen Paschall, of the said City, is Owner and Occupier of a Furnace for the making of Steel, erected within the City of Piiiladelphia aforesaid, which was in use on or before the 24th day of June hist. And that John Hall, of the County of Philadelphia, is owner of a plating Forge to work with a Tilt Ham- mer, erected in the Township of Biburry, in the County aforesaid, which Forge is at present much Impaired and Decayed, and has not been in use for twelve Months past. " The above contains a true account of all the Mills, Engines, Forges, and Furnaces within my Bailiwick. " Witness my Hand and Seal in Philadelphia, the Sixteenth day of September, in the twenty-fourth Year of his Majesty's Reign, Anno. 1750. "RICHARD SEWELL, Sheriff. [^L. S.'] "Philadelphia County." To the Honourable JAMES HA3IILT0N^ Esquire, Lieutenaiit Governor of the Province of Pennsylvania. " May it please the Governor : " As I am a Proprietor of a Furnace for making Steel, in Obe- dience to your Honour's Proclamation, I present the Condition thereof as follows : " It was built in the Year 1747, on a Lot the North ^yest Cor- ner of Wallnut Street, and the Eighth Street of Delaware Front, in the City of Philadelphia, in the Province of Pennsylvania. It had been worked at, and was in good Working Order on the 24th day of June, one thousand seven hundred and fifty. There being then on the Spot, Wood, Coal, Iron, the converting Ingredients, and other Articles proper for making Steel. " The Property is absolutel}' in Me, as I am ready to produce my Deed for the Ground, and the Testimony of the Workman who erected it for me. "STEPHEN PASCHALL. " September 18th, 1750." " Lewis Evans, of the City of Philadelphia, a Gentleman, on his Solemn Oath on the Holy Evangelists, doth declare. That about two or three Years ago he was in the building commonly called Stephen Paschall's Steel Furnace, near Wallnut Street, in Philadelphia, where be saw the Furnace with Fire therein, and a man tending the Fire, with whom he had some discourse as about how long the Batch, or Fire had been in, and some other Things about Steel, wherewith he supposed the Furnace then charged; That, tho' he had not then 634 MINUTES OF THE an Opportunity to look so much into the Furnace as to see the Iron, he made no doubt but they were then converting Iron into Steel, as he was previously informed by the said Paschall of his design of erecting a Steel Furnace, and did soon after enquire, aud was in- formed by him of his Success therein, which the Deponent was the more curious to know, as he thought it the first attempt of the said Paschall to make Steel in the large Way; And the Deponent further declares, that from the said Time to the 24th of June, 1750, and until this Day, the said Building, with the Furnace therein, was standing as a Furnace for making Steel, and not for any other use; And further this Deponent saith not. ''LEWIS EVANS. "Philadelphia, September 20th, 1750." ^^Jacoh Shoemaker, of the City of Philadelphia, Spinning Wheel Maker, one of the People called Quakers, on his Solemn Affirma- tion doth declare that, in the Year 1747, he was well acquainted with Stephen Paschall's erecting a Steel Furnace near the North side of Wallnut Street, in the said City, and hath seen Fire burn- ing therein, and blistered Iron drawn out thereof, proved and found to be Steel ; Aud the said Affirmant further declares, that the said Steel Works, Furnace, or Oven, has been, to his Knowledge, stand- ing from that Time to this Day. "JACOB SHOEMAKER. "Philadelphia, September 20th, 1750/' " Thomas Shoemalcer, of the City of Philadelphia, Carpenter, one of the People called Quakers, on his Solemn Affirmation doth declare. That in 1747 he erected the Building or House inclosing the Steel Furnace of Stepen Paschall, near the North West Corner of Walnut aud the eighth Streets, in the said City; That he hath several Times seen Fire burning therein, and a Proof Barr brought for trial of the Steel made therein, and blistered Iron, said to be Steel, brought out thereof; and that to his Knowledge, the said Furnace or Oven hath been Standing for making Steel, and no other use, from that time to this Day. " THOMAS SHOEMAKER. " Philadelphia, September 20th, 1750." " Be it hnoion, that before me, Thomas Lawrence, Esquire, Mayor of the City of Philadelphia, Lewis Evans, Jacob Shoemaker, and Thomas Shoemaker, Persons of Good Credit, and worthy of Belief, PROVINCIAL COUNCIL. 635 who were respectively sworn and affirmed to the above Affidavits; As Witness my Hand and Seal this 20th of September, 1750. "THOMAS LAWRENCE, Mayor, [i. S^" *'To the EonourahJe JAMES HAMILTON, Esqnire, Lieufenant Governor of the Province of Pennsylvania, and Counties of New- astle, Kent, and Sussex, on Delaware. " I, Joseph Hart, High Sheriff of the County of Bucks, in the said Province, in Obedience to your Honour's Proclamation, dated the 16th day of August last past, do humbly certify and make known to your Honour, that after diligent enquiry by me made throughout my Bailywick, I find there are no Mills or Engines for Slitting and Rolling of Iron, or Plateing Forge to work with a Tilt Hammer, or Furnace for making of Steel, which were erected within the County of Bucks aforesaid, on the '24th day of June last, or at any time since, to my Knowledge ; all which is humbly submitted to your Honour. "Given under my Hand and Seal at Newtown, in the County of Bucks, the twentieth day of September, in the Year of our Lord one thousand seven hundred and fifty, and in the twenty-fourth Year of His Majesty's Reign. ''JOSEPH HART, Sheriff. [L. Sy *< To thr Honourable JAMES HAMILTON, Esquire, Lieuten- ant Governor and Commander-in-Chief of the Province of Penn- sylvania, and Counties of New Castle, Kent, and Sussex, on Delaware. " I, John Owen, Sheriff of the County of Chester, in the said Province, do certify and make known, That there is but one Mill or Eogino for Slitting and rolling cf Iron within the County afore- said, which is situate in Thornbury Township, and was erected in the Year one thousand seven hundred and forty-six, by John Tay- lor, the present proprietor thereof, who, with his Servants and Work- men, has ever since, until the twenty-fourth day of June last, used and occupied the same. And I do hereby further Certify that there is not any Plating Forge to work with a Tilt-Hammer, nor any Fur- nace for making of Steel, within the said County of Chester. '' In \yitness whereof, I have hereunto set my Hand and Seal, this eighteenth Day of September, in the Year of our Lord one thou- sand seven Hundred and fifty. ''JOHN OWEN, Sheriff. [X. Sy 636 MINUTES OF THE " To the Honourable the Governor of Pennsylvania : " May it please the Governor : <' On receipt of your Honour's Proclamation relating to slitting Mills, &"■' I immediately published it and made it my Business to enquire whether there were within this County any such mills as are there described ; and on the strictest enquiry, 1 do hereby Cer- tify to your Honour, that there is not within the County of Lancas- ter any Mill or Engine for Slitting and Rolling of Iron, or any plating Forge to work with a Tilt-Hammer, or Furnace for making of Steel. " Witness my Hand and Seal, this third Day of September, in the Year one thousand seven hundred and fifty. "ANDREW WORK, Sheriff. [L. SJ' MEMORANDUM. The Governor, while he was at New Castle in June last, re- ceived a Letter from the Earl of Hillsborough, one of His Maj- esty's principal Secretaries of State, dated the 24th of JIarch last, inclosing two Orders of Council respecting the passing of several Laws of this Province, in September 1767, and February 1768, which having been omitted to be entered in their proper place, are as follows, Viz' : (No. 19.) "Whitehall, March 24th, 1769. "Sir: " Inclosed I send you an Order of His Majesty in Council, on the sixth Instant, approving several Laws of Pennsylvania, passed in the Months of September 1767, and February 1768 ; and also another Order of His Majesty in Council on the same day, approv- ing a Report made upon these and other Laws of Pennsylvania, by the Lords of the Committee, in which Report, as recited in the Order, you will see their Lordships' Observations upon two Laws, concerning the propriety of which some doubts had occurred ; and I am, pursuant to the said Order, to signify to you that the Law therein referred to for raising Money by Lottery, is suffered to re- main in force from no other consideration but that of its having been in part carried into Execution, and that as His Majesty does .entirely disapprove of any Laws being passed in the Colonies for raising Money by Lottery, it is therefore His Majesty's Pleasure that you do not, upon any pretence whatever, give your Consent to any future Act of that Nature, without having previously received His Majesty's Royal Permission for that purpose, upon a full rep- PROVINCIAL COUNCIL. 687 resentation made to His Majesty of the reason and Necessity for enacting such Law. *' I am with great Regard, Sir, " Your most obedient Humble Servant, "HILLSBOROUGH. " Deputy Governor Penn." At the Court at St. James', the 6th Day of March, 1769. PRESENT : [L. S.l THE KING'S MOST EXCELLENT MAJESTY. Lord President, Viscount Weymouth, Duke of Queensberry, Viscount Falmouth, Earl of Dembigh, Viscount Barrington, Earl of Sandwich, Richard Rigby, Esquire. Earl of Rochford. Whereas, there was this Day read at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Afiairs, dated the 18th day of last Month, in the words following, Viz'- : " Your Majesty having beSi pleased by your order in Council of the 23rd day of November last, to refer unto this Committee twelve Acts passed in the Province of Pennsylvania, in September 1767, and February 1768, entituled as follows," Viz*- : N"- 1. " An Act to enable the Managers of the Contributions for the Relief and Employment of the Poor in the City of Philadel- phia, to borrow the further Sum of three thousand Pounds." — Passed 26th September, 1767. N"- 2. "An Act for obliging Sheriffs and Treasurers of the sev- eral Counties within this Province, and the Collector of the Duties on Tonnage, to give sufficient Sureties for the faithful Execution of their Trust."— Passed 26th September, 1767. 3. " An Act for the support of the Government of this Province, and Payment of the Public Debts. — Passed Do. 4. " An Act to remove the Persons now settled, and to prevent others from settling, on any Lands in this Province not; purchased by the Indians." — Passed the third of February, 1768. 5. " An Act for raising and applying the Sum of three thousand Pounds towards removing the present discontent of the Indians, re- gaining their Friendship, and for other purposes therein men- tioned." — Passed 17th February, 1768. 6. " An Act to continue An Act entituled ' An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province,' " And another Act entituled " a Supplement to An Act entituled ' An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province.' " — Passed 20th February, 1768. 638 MINUTES OF THE 7. " An Act to amend the Act entituled ' An Act for the better Employment, Relief, and support of the Poor within the City of Philadelphia, the District of Southwark, the Township of Moya- mensing and Passyunk, and the Northern Liberties.' " — Passed Do. 8. "An Act for appropriating a Sum of Money for building the Middle House on the West side of the Barracks, in the Northern Liberties of the City of Philadelphia." — Passed Do. 9. "An Act for incorporating the Society known by the Name and Stile of the Philadelphia Contributionship for the insuring of Houses from Loss by Fire; to ratify and confirm the Articles of Agreement of the Contributors, and to enable them to make suit- able Bye-Laws for the better Management and Prosecution of their said design." — Passed Do. 10. " An Act to enable the Owners and Possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the County of Chester, to keep the Banks, Dams, Sluices and Flood- Gates in Repair, and to raise a Fund to defray the Expence there- of." — Passed Do. 11. "An Act for regulating the Fishery in the Biver Brandy- wine." — Passed Do. 12. "An Act for raising by way of Lottery, the Sum of five thousand two hundred and fifty p(^nds for purchasing a public Landing in the Northern Liberties, and paving the Streets of Phil- adelphia." — Passed Do. " The Lords of the Committee, in obedience to your Majesty's said Order of Eeference, did on the 16th of Deceml)er last, take the said Acts into their Consideration, and thought proper to refer the same to the Lord's Commissioners for Trade and Plantations, who have reported thereupon to this Committee : "That the above twelve Acts passed in the Province of Pennsyl- vania, had been enacted for purposes of Domestic Economy and Convenience, and from such opinion as they were able to form upon the Matter, it did not appear to them that any of the above num- ber were liable to objection in point of Law, and they have no ob- servations whatsoever to submit respecting either the principles up- on which they have been framed, or the Begulations which they make, except in the two following cases. " That the first of these respects the Act for raising a certain Sum of Money by Lottery, That this Method of establishing Pro- vincial Lotteries, and raising Money thereby for Domestic purposes and Improvements, has been frequently practiced, and Acts of As- sembly for that purpose have been allowed. Nevertheless, altho' the application of the sum proposed to be raised by the Lottery projected in the said Act, did appear to be directed to purposes evi- dently commodious and beneficial, they could not omit observing that this is a practice which in their opinion ought by no means to be encouraged, as obviously tending to disengage and mislead Ad- venturers therein from Industry and Attention to their proper PROVINCIAL COUNCIL. 630 Callings and Occupations, and introduce a Spirit of Dissipation pre- judicial to the Fortunes of Individuals, and the Interests of the Public. " That the other observation submitted respects the Act for Reg- ulating the Fishery in the River Brandy wine: " That this Act is for laying open the Fishery of the above River to all Persons inhabiting the Country adjacent thereto, under cer- tain Restrictions; Prohibiting under severe Penalties all Persons from niukiiig and erecting any Dams or obstructions, or fixing any Nets across the Stream of the said River, vphereby the Fish may be obstructed from going up the same. By this and other Prohibi- tions contained in this Act, it is obvious that the Rights of private Persons ciainiing exclusive property on the said River may be af- fected. That it does not however appear from any Information they had received that any of your Majesty's Subjects had suiFered under this supposed Predicament, nor were they apprized of any Applications or Complaints whatever having been made relative to the above Regulations, either in the Province at or before the Time of passing the above Act, or since' its Transmission hither; they therefore submit it to. this Committee to give such advice to Your Majesty touching the Confirmation or Repeal of this Law as shall be thought fit. ^ " The Lords of the Committee upon Consideration thereof, do agree humltly to Report to your Majesty as their Opinion, that as to the Ten first mentioned Acts, their Lordships have no Objection to your Majesty's signifying your Royal Approbation and Confir- mation of them That as to the Act (iS^o. 11), entituled " An Act for regulating the Fishery in the River Brandywine," their Lord- ships are of Opinion the same should be suffered to remain in force, in regard no Application has at any Time been made against the said Act, whereby it might have appeared that any of your Majesty's Subjects w3 Colony ef New York, sliall Transmit all the Duties he receives from Tra- cers going to Trade at any of the Posts under the Direction of Pennsylvania or Qaehec, to the Commissioner or Commissioners of itue said Colonies. ''That the CGmmissioners of Canada and Pennsylvaaia -do the like with respect to New York and to each other." The Board taking this matter into Consideration, were of opinion that the Letter, with its inclosure, should be laid before the Assem- bly, and the matters therein contained enforced by a Message to the House, which Mr. Chew and Mr. Tilghman were appointed tc draw up. It is agreed that a proclamation be issued for the Continuance af all Magistrates, and other Officers in the province and lower Coun- ties, till the Governor's further pleasure be made known, whicfct was immediately prepared and is as follows, Yiz'-; M4 MINUTES OF THE" " \B^ the Honourahle J03N FENN, Esquire, Lieutenant ^o^fc- ennorand Commander-in-Chief of ffie Provinee of Pennsylvania;^ &nd Co WINVTES OF THE" ©age, Coairaander m Chief in America, two- Letters upon tBe same Subject, the one dated the 24th March, 1769, & the other the 16th April, 1769, which I have also ordei-ed io be laid before jou^ by which you will perceive that Sir William. Johnsoa, His Majes- ty's Superintendant for the Northern District, in pursuance of His Majesty's Commands, has found himself under a necessity of dis- charging the Commissaries and other offices by him appointed in posts ami Forts in the interior Country ; so that the India^n Tjjade at present remains entirely without Regulation,, for w&nt of proper Officers to superintend it. " I am persuaded, Gentleaien, I need not labour to convince you of the Importance of this Object,, noc how necessary it i& fx)ir the Welfare of the Province to cultivate a pacific and friendly disposi- tion in the Indians towards us ; nor can I doubt but that You must be thoroughly sensible that proper Regulations of our Trade with them', ia order to prcTent 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 gi-eat measure,, put a stop to- our Trade wiiih the Natives, and^ may be productive of very anfavourable. Ala>rms and Apprehensions on their side,,, unless some Steps be ta- ken- by the Legislature to restore the Trade. " Another Source of Indian Distua-bance is, the makitig-of Settle- meats, marking Trees,, and Surveying, upon their unpurchased lands; audas a general Boundary has lately been Settled between' those People and his Majesty's Subjects, it will be vary proper, in my Opinion, to secure a d,ue regard, to it by Laws to restrain a-ndpuaisb sach offensive Proceedings. " I flatter myself, Gentlemen, that you will at once see the Im- portance of the laatter.? I hav3 touched apon, and that You will iake them into Your immediate and most serious Consideration, and proceed to the framing of Laws adequate to the Evils isteaded to^ be remedied, ia which you may be assui-ed ef my hearty Concur- rence. "JOHN PENN. " January 15, 1770.."' The Governor laid before the Ebari two Bills seni up by the As- sembly for hia Concurrence,. entituled as follows, Yiz':. 1. " AnActforthesaleof Goods distrained for Rent^.and tO' sec'drS' su-ch Goods to the persons distraining the sa-me, fur the better seeu- rity of R^nts^ and. to. prevent Frauds- and abu-sea committ^ed by Tenants." 2. " An Act for pu-ni&hing wicked and evil disposed Fersoae going armed in Disguise, and doing Injuines and Violences to the Persons' and Properties of His Majesty's Subjects within this Provin-ce, and for the more speedy bringing the Offenders to Justice." Both wiijch were read an.d. considered, and several Amendments' being PROVINCIAL COUNCIL. * 647 aaade to them were ordered to be returned to the Assembly with the same. The Secretary having by the Governor's Directions prepared a Proclamation, offering a Reward of fifty pounds for apprehending and pi-osecuting to Conviction Joseph Billings, who is charged with Counterfeiting the Bills of Credit of this Province, The same was laid before the Board, agreed to, and ordered to be published in- the several News-Papers. The Proclamation was immediately issued, and follows iu these Words, Viz'-: " Bt/ the Ilonourahle JOHN PEAW, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province of Pennsi/lvania, and Counties of Newcastle, Kent, and Sussex, on Delaware. " A PROCLAMATION. "Whereas, I have received Information from the Chief Justice, that a certain Joseph Billings stands charged before him with feloniously forging and counterfeiting the Bills of Credit of this Province, and passing the same, to the great Injury and Deceit of His Majesty's liege Subjects. And whereas, the Endeavours hith- erto used for apprehending the said Billings have been ineffectual, and it is highly expedient for the Discouragement of such pernicious and villainous Crimes, that the said Joseph Billings should be brought to exemplary punishment. I have therefore thought fit, with the advice of the Council, to issue this my Proclamauon, here- by promising and engaging to pay the Public Reward of Fifty Pounds to any Person or Persons who shall discover, apprehend and secure the said Joseph Billings, so that he be prosecuted to Con- A'iction. His person is very remarkable, being six feet five inches high, long necked and raw Boned ; he is about fifty years of Age, and a Silver Smith or "Watch-maker by Trade, but often passes by the name of Doctor Billings. He has formerly been committed to several Prisons in this and the neighboring Provinces, for practices of the same kind. And I do hereby strictly charge and enjoin all Judges, Justices, Sheriffs, Constables, Officers Civil and Military, and all other His Majesty's faithful and liege Subjects within this Government, to make diligent search and Enquiry after the said Joseph Billings, and to use all possible means to apprehend and se- cure him in one of the Public Goals of this Province, that he may be proceeded against according to Law. "Given under my Hand and the Great Seal of the said Province, at Philadelphia, the fifteenth day of January, in the Year of our Lord one thousand seven hundred and seventy, and in the tenth Year of His Majesty's Reign. "JOHN PENN. ^'By His Honour's Command, y "Joseph feiiiPPEN, Junior, Secretary. "GOD SAVE THE KING." 648 MINUTES OF THE Several Indians lately come to Town from Diahogo, on the Sus- quehanna, a few Days ago represented to the Governor their Pov- erty and distressed Situation for want of Cloathing, and Petitioned him for Relief. The Board advised the Governor to recommend it to the Assembly to supply their wants, and also to make Provision for defraying such like Indian Expences in future. His Honour therefore sent to the House the following Verbal Message by the Secretary, Viz'-: A Verbal Message from the Governor to the Assembly . '' Sir : " The Governor commands me to acquaint the House that sev- eral poor Indians are come to Town from the Upper Parts of Sus- quehanna, to petition for some Cloathes and Necessaries, of which they are almost destitute. His Honour therefore requests the House will order their present Wants to be supplied; and as such occasions frequently occur, that they will also provide a Fund for any future Expences of the same kind. "January 15th, 1770." At a Council held at Philadelphia, on Monday the 22d of Jan- uary, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, he Bichard Peters, Benjamin Chew, | ^ ^j^^g. Lyniord Lardner, j ^ One of the Members of Council acquainted the Governor that a Negro Man was confined in the Goal of Chester County, for an iittempt of a Rape, and that there was no Commission in Force for Trying him. His Honour therefore, with the Advice of the Coun- cil, issued a commission appointing William Parker and Richard Reily, Esquires, Justices for holding Courts in that County for the Trial of Negroes, accordiag to Law. At a Council held at Philadelphia, on Tuesday the 30th of January, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &"• William Logan, Benjamin Chew, > Es(.uij,eg^ Hichard Peters, James Tilghman, 5 The Governor laid before the Board a Bill sent up last Week by the Assembly for his Concurrence, entituled " An Act for Striking PROVINCIAL COUNCIL. 649 the Sum of £120,000 in Bills of Credit, to be emitted on Loan, and providing a circulating Medium of Commerce and Industry within this Province," which was read and Considered, and ordered to be returned to the Assembly, with the following Amendments, Viz'-: Amendments, Viz'- : 1st. Page 4, Line 5th. After the name [Samuel Preston Moore] add the Words [Amos Strettell and]. 2d. Same Pa. Line 6. Dele the Words [and John Wilkinson]. 3. Page 5, Lines 4, 5, 6. Dele the Words [This Bill shall be accepted by the Trustees of the General Loan OfRce, in all Debts and Demands due to the Province for the Sum of,] and instead thereof insert as follows. Viz'- [This Indented Bill of when paid to the Trustees of the General Loan office, shall be a Discharge on any Mortgage or Bond made to the said Trustees of the like Sum of ]. 4th. Page 12, Line 6 &c'-' Dele from the word [Trustees] in the sixth Line, to the Word [in] in the tenth Line, and instead thereof insert as follows. Viz'-: [hereinbefore appointed or hereafter to be appointed, during the Continuance of this Act, another fit person or persons shall be nominated and appointed by the Governor and Assembly of this Province, unless such Death shall happen at a Time when there may be no Lieutenant Governor appointed to this Province, in which Case another fit person or persons shall be ap- pointed by the Assembly, and not otherwise]. 5th. Page 14, Line 10. After the W^ord [Province] add the words [two or more sufficient Sureties, such as the Governor shall approve of]. 6. Page 17, Line 4. After the word [well] add the word [as]. 7. Same .page, Line 5. Dele the Words [of the Titles]. 8. Page 31, Line 11. After^the Word [the] insert the words [Governor and]. 9. Page 33, Line 10. After the word [the] insert the words [Governor and]. 10. Page 34, Line 1. Dele the words [hereof or]. 11. Same page, Line 2. Dele the words [heretofore taken or]. 12. page 38, Lines 8 & 9. After the word [Practice] insert the following Clause, Viz'-: [Provided, nevertheless, and it is hereby declared, that nothing in this act contained shall extend, or be con- strued to make the Bills of Credit hereby directed to be emitted, a legal Tender in payment of any Bargains, Contracts, Debts, Dues, or Demands, Whatsoever]. 13. Same page, Line 13. Dele the words [made current] and insert the words [directed to be emitted.] January 30th, 1770. Then was also read and considered A Bill which was sent up by the House for the Governor's Concurrence, entituled " An Act for 650 MINUTES OF THE ineorporting the Society formed for the Relief of Poor, Aged, and Infirm Masters of Ships, their Widows and Children," to which the two following Amendments were made, and ordered to be returned to the House with the Bill, Viz'- : 1st. Page 10, Line 12. After the Word [Meeting], insert the Words [and shall also be approved of by the Chief Justice, the Speaker of the Assembly, and the Attorney General of this Pro- vince for the Time being, under their Hands and Seals]. 2ond. Page 11, Lines 5 & 6. Dele the Words [and that the said Election shall be held on the said first Monday, January]. At a Council held at Philadelphia, on Monday the 5th of Febru- ary, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- William Logan, Richard Peters, ") Lynford Lardner, Benjamin Chew, V Esquires. James Tilghman, J The Governor laid before the Board a Bill sent up by the Assem- bly for his Concurrence, entituled " An A.ct to prevent any Person from being chosen a Member of Assembly for any City or County within this Province, except he be a Resident in such City or County, and to enable the Inhabitants of the Counties of Berks and North- ampton to chuse two Representatives for each of the said Counties," which was read and considered, and ordered to be returned to the Assembly with the following Amendments, Viz'- : Amendment 1st. Dele from the Word [Act] in the first Line of the Title, to the Word [to] in the sixth Line. 2ond. Dele from the Word [Whereas] inclusive, in the Ante penult Line of page 1, to the Word [Assembly] inclusive, in the 9th Line of Page 2. • 3rd. Dele from the Word [that] inclusive, in the 4th Line of Page 3, to the Word [aforesaid] inclusive, in the 8th Line of Page 4. February 5th, 1770. The Governor then laid before the Board two other Bills which he received from the Assembly, entituled " An Act for preventing Frauds and Abuses in Gold and Silver Wares made and sold in this Province," and *< An Act for erecting a public Market Place on Cal- lowhills, in the Northern Liberties of the City of Philadelphia, and for other pufposes therein mentioned," both which were read and considered, and the Secretary directed to return them to the House, with a Message that the Governor could not agree to pass them into Laws. i PROVINCIAL COUNCIL. 651 At a Council held at Philadelphia, on Friday the 9th of Febraary, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, -p, Richard Peters, JamesTilghmau, 5 The Board resumed the Consideration of the Bill for the better Confirmation of the Estates of Persons holding or claiming under Feme Coverts, &c^' and ordered the same to be returned to the As- sembly, with the following Amendments, Viz'': Amendment 1st. Page 1, Line 10. Instead of [^Some], say [many.3 Amendment 2end. page 1, last Line. After the word j^peace]], add the Words [or a Justice of the County Court of Common Pleas, or before one of the Judges of the Supream Court]. Amendment 3rd. Same page & Line. Dele the Words [ti Part], and insert the Word [apart]. Amendment 4th. page 3, Antepenult Line. Instead of [Feof- ment], say [Feoffment]. Amendment 5th. Page 4, Line 5. Instead of [Feofments], say [Feoffments]. Amendment 6th. Pape 5. Dele the Words [their Estates], in the 3d & 4th Linea, and insert the Words [the Estate of the Wife]. Amendment 7. Same page, Line 6 & 7. Dele the Words [their Estates or the Estate of either of them], and instead thereof in- sert the Words [the Estate of the Wife or her Right]. Amendment 8th. Same page. Line 12, Instead of [Feofment], say [Feoffment]. February 14th, 1770. The Board also reconsidered the Supplementary Bill for enabling the owners, ifec"' of a Tract of Marsh and Meadow Land therein described, in the County of Chester, to keep the Banks, &c'-' in Repair, &c*-' to which the following Amendment was made, and ordered to be carried to the House with the Bill, Viz'- : Page 5, Line 4. After the Word [shall], insert the words [if they approve thereof]. Two Members of Assembly waited on the Governor, and again pre- sented the Bill foropeningandbetter amending and keeping in Repair the public Roads, &c*' with the following Auswar to the Grovernor's Amendments, Viz'' Ameiidment 1st. Agreed to by the House. Amendment 2d. The House adhere to the Bill. PROVINCIAL COUNCIL. 655 Amendment 3d. The House adhere to the Bill, and propose to insert in Page 6, Line Bd, after the Word [unimproved], the words [and the Proprietary Quit Rents], February 14th, 1770. The Board taking the same into Consideration, the following Re- ply was agreed to, and ordered to be carried to the House with the Bill, Viz'- : Amendment 2d. The Governor waves his Amendment. Amendment 3d. The Governor adheres to his Amendment. One of the Members of Council having acquainted the Gover- nor that a Commission for holding Courts for the Tryal of Negroes was wanted for the County of Kent, His Honour directed the Sec- retary to jnake out a Commission appointing Charles Ridgely and Fenwick Fisher, Esquires, Justices for holding the said Courts according to Law. At a Council held at Philadelphia, on Tuesdav 20th February, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c"- William Logan, Benjamin Chew, } ^^ ; Richard Peters, James Tilghman, ^ » 1 ^ • • The Governor laid before the Board the two following Bills sent up by the Assembly for his Concurrence, which being read and considered, were approved, and ordered to be returned to the Assembly with the Governor's Assent, Viz'- " A Supplement to the Act entituled ' a Supplement to the Act entituled An Act for taking Lands in Execution for the Pay- ment of Debts, and for confirming partitions in several Instances heretofore made.' " " A Supplement to the Act entituled ' An Act for Bailing Priso- ners and about Imprisonment.' " The Governor having then laid before the Board a Letter from the Honourable Cadwallader Colden, Esquire, Lieutenant Governor of New York, inclosing a copy of a Law passed in that Province ap- pointing Commissioners for fixing on a Plan for the Regulation of the Indian Trade ; which being road, the Governor, by the advice of the Council, directed the Secretary to lay them before the As- sembly, with the following Verbal Message ; the said Letter is as follows, viz'- : 656 MINUTES OF THE " New York, 6th February, 1770. "Sir: *' The Legislature of this Province, conceiving it impracticable without the Concurrence of other Colonies, to establish any plan for the Regulation of the Indian Trade, that might eifectually answer His Majesty's Intentions, in coramiiting the Care of this important object to the respective Legislatures, did in their last Session, pass a Law for appointing Commissioners to meet with those of the neighbouring Colonies to fix on a general Plan for this Purpose. A Measure so essential to the Interest of the several Colonies con- cerned in this beneficial Commerce, will, I trust, be chearfuUy come into by all, and if adopted by your Province, I hope you will en- deavor to render its Utility as extensive as possible by recommend- ing it to the Governments of Virginia and Maryland. I shall lose one Time in communicating the Proposal to the Governor of Que- bec, and in giving you the earliest Intelligence of the resolution of that Government, and until the meeting of the Commissioners takes place, shall be glad to co-operate with you in promoting the success of a measure with which the prosperity and Tranquility of both Provinces are so intimately connected. " I have the Honour to be Sir, " Your most Obedient " humble Servant, " CADWALLADER GOLDEN. " The Honourable Governor Penn." Here follows the "Verbal Message, viz'- : .^ Verbal Message fr 0771 the Governor to the Assemhly. "Sir: "The Governor commands me to lay before the House for their Consideration, a Letter which he lately received from Governor Colden, with a Copy of a Law passed in New York, appointing Commissioners for fixing on a plan for the Regulation of the In- dian Trade ; and recommends it to the House to frame a similar Law on the part of this province. " February 20th, 1770." Newaleka, a Delaware Chief, with his Family and several other Indians having lately come to Town from the Susquehanna, on a friendly visit to the Governor, the Council advised His Honour to make them a small present on their return [lome ; whereupon the Governor sent the following Message to the Assembly, viz'- : A Message from the Governor to the Assemhly. " Gentlemen : " A few Days ago came to Town Newaleka, one of the Delaware Chiefs, with a number of his Indians, in Order to pay a friendly PROVINCIAL COUNCIL. 657 Visit to this Governiuent. As he is a Person of Distinction and Influence among the Indians, and has on all occasions shewn him- self a Friend to the English, and never was in Town before, I think it might be prudent to secure his Attachment to our Interest by making him a small present, which I should be glad you would enable me to do. " JOHN PENN. " February 20th, 1770." The Governor laid before the Board a Petition from divers in- habitants of Lancaster County, setting forth That the Great Road leading from Lancaster to Philadelphia, is very inconvenient for the back Inhabitants, by reason of its being laid out in many places on bad Ground, and is very difficult to be kept in tolerable order, on account of the number of Carriages passing and repassing thereon, and it is also very crooked. That a very good Road may be found and laid out from the Middle Ferry on Schuylkill to the sign of the ship in Chester County, and will be five miles shorter than the Old Road, and to continue from thence up or near the Road called the Gap Road, as far as the Village of Strasburg, within eight miles of Lancaster, to which a good Road may be made from thence, and that such a Road, together with the one now used, will be of great Utility to ^ the Trade of Philadelphia, and to the back Inhabitants, by render- ing Carriage more safe and easy, and therefore praying the Appoint- ment of proper persons to view and lay out the same, in the best Manner the Ground will admit of, for the Public Benefit. The Board taking the said Petition into Consideration, are of opinion that such a Road is now become very necessary, and will be of great Utility to the Commercial Interest of the Province. It is therefore ordercJ, that Joseph Fox, Jacob Lewis and Daniel Williams, of Philadelphia County ; John Hannum, John Morton and John Sellers, of Chester County ; and James Webb, Moses Branton and James Gibbons, of Lancaster County, or any six of them, do view and lay out a public Road or King's High- Way, in the most convenient and direct Courses, to the sign of the ship in Chester County, and from thence along or near the Old Gap Road as far as the Village of Strasburg, in the County of Lancaster, and to make a return of the Courses and Distances, with a Draft of the said Road, into the Provincial Secretary's Office, within six Months, in order to be confirmed by the Governor and Council, if they shall approve of the same. VOL. IX, — 42, 658 MINUTES OF THE At a Council held at Philadelphia, on Friday the 23d of Feb- ruary, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, Acq- uires. William Logan, , Benjamin Chew, > p, James Tilghman, 5 The Governor laid before the Board four Bills sent up by the Assembly for his concurrence, entituled as follows, viz'- : 1. "An Act for repairing the High-way between Franckfort Bridge and the Bridge over Franckfort Mill Race." 2. " An Act to enable the owners of Meadow Land on both sides of Gunner's Creek, to construct, maintain and keep up a Dam and Sluices, and to raise a Fund to defray, the Expence thereof." 3. " An Act for the Relief of the languishing Prisoners in the Goals of the several Counties within this Province, with respect to the Imprisonment of their Persons." 4. "An Act for appointing Commissioners to meet with Commis- sioners who are, or may be appointed by the Legislatures of the neighboring Colonies, to form and agree on a General Plan for the Hegulation of the Indian Trade." • Which being read and considered, were ordered to be returned to the House with a few small Amendments made to the two last mentioned Bills, and a Verbal Message by the Secretary, that the Governor gave his Assent to the other two. Eodem Die, P. M. Two Members of Assembly waited on the Governor with a Mes- sage, acquainting him that the House proposed to adjourn to-Mor- row, till the 14th of May, if the Governor had no objection thereto, and requested the Governor to appoint two Members of Council to join two of the Assembly, to compare the Bills which had been agreed to with their engrossed Copies, and also to appoint a Time for passing them. The Governor answered that he had no objec- tion to their proposed Adjournment, and said he should be ready to pass the Laws at 11 o' Clock to-Morrow, and in the mean Time would appoint a Member of Council and the Secretary to collate the Bills. Council Chamber, Saturday 24th of February, 1770, 12 o'Clock, A. M. The several engrossed Bills being compared with their Originals and found to agree, The Governor sent the Secretary with a Mes- PROVINCIAL COUNCIL. •sage to the Assembly, requiring their Attendance, that he might enact into Laws the several Bills which had received his assent. The whole House attended accordingly, and the Speaker presented to the Governor the eleven following Bills, which he was pleased to enact into Laws, and signed a Warrant for aifixing the Great Seal to them, which being done, the Laws were afterwards deposited in the Rolls Office, Via*^: 1. " An Act to enable the owners of Meadow Lands on both sides of Gunner's Creek to construct, maintain, and keep up a Dam and Sluices, and to raise a Fund to defray the Expence thereof." 2. *' An Act for repairing the Highway between Franckfort Bridge and the Bridge over Franckfort Mill Race." 3. " A Supplement to the Act entituled ' A Supplement to the Act entituled An Act for taking Lands in Execution for the Pay- ment of Debts, and for confirming Partitions in several Instances heretofore made.' " 4. " An Act for the better confirmation of the Estates of persons holding or claiming under Feme Coverts, and for establishing a Mode by which Husband and Wife may hereafter convey their Es- tates." 5. '' A Supplement to the Act entituled ' An Act to enable the Owners and Possessors of a certain 'I'ract of Marsh and Meadow Land therein described, situate in the County of Chester, to keep the Banks, Dams, Sluices and Flood Gates in repair, and to raise a Fund to defray the Expence thereof.' " 6. " An Act for the Sale of Goods distrained for Rent, and to secure such Goods to the Persons distraining the same for the bet- ter Security of Rents, and to prevent Frauds and Abuses committed by Tenants." 7. "An Act for appointing Commissioners to meet with Com- missioners who are or may be appointed by the Legislatures of the several Colonies, to form and agree on a General Plan for the Regu- lation of the Indian Trade." 8. " An Act for incorporating the Society formed for the Relief of Poor, Aged and Infirm Masters of Ships, their Widows and Children." 9. "A Supplement to the Act entituled ^ An Act for bailing Prisoners and About Imprisonment.' " 10. "An Act for the Relief of the languishing Prisoners in the Goals of the several Counties within this Province, with respect to the Imprisonment of their Persons." 11. " An Act for punishing W^icked and evil Disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects within this Pro- vince, and for the more speedy bringing the Offenders to Justice." I 660 MINUTES OF THE At a Council held at Philadelphia, on Saturday the 3d of Marchy 1770. PRESENT : The Honourable* JOHN PENN, Esquire, Lieutenant Grovernor, ate*- William Logan, Benjamin Chew, > Eg^^ireg Kichard Peters, James Tilghman, 5 The Board having under consideration the present State of the Intrusions and Settlements made by the Connecticut People on the Proprietary Lands within this Province, were of Opinion that if two Prudent and fit Persons, living in the North part of Northampton County, were immediately vested with the Authority of Magistrates^ it would greatly conduce to the Preservation of the Peace, and bet- ter Execution of the Orders of Grovernment from time to time, in defeating the measures of those People, and checking the Progress of their Scheme of Settlement on the Lands at Wyoming and on Delaware. The Governor, therefore, on the Kecommendation of the Members of Council present, issued two special Commissions, appointing Garret Brodhead and John Vancampen, Esquires, Jus- tices of the Court of Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Northampton., New Castle, Thursday the 15th of March, 1770. The Governor having wrote to the Speaker of the Assembly of the Government of the lower Counties, that his Business would not conveniently permit him to attend the House for several Days after the Time to which they stood adjourned. Viz'': the 6th Instant, and having received a Letter from the Speaker, signifying that the Bu- siness of the House did not require his Attendance till Yesterday, His Honour attended at this place accordingly, and this Morning sent a Verbal Message to the House, with the Papers therein re- ferred to. The said Verbal Message is as follows, Viz*- : " Sir : " The Governor commands me to lay before the House a Letter he lately received from the Governor of New York, with a Copy of a Law passed in that Province, for appointing Commissioners to meet those who may be appointed by the neighbouring Colonies, to fix on a Plan for the Regulation of the Indian Trade; and also a printed Copy of a Law passed by the Legislature of Pennsylvania for the same Purpose. His Honour conceiving it expedient that this Gov- ernment should co-operate with the other Colonies in promoting » Design so essential to their general Prosperity, recommends it to PROVINCIAL COUNCIL. 661 House to frame a similar Law, for appointing Commissioners on the part of this Government. "New Castle, 15th March, 1770." New Castle. Friday 23d March, 1770. A committee of three Members of Assembly waited on the Gov- ernor, and presented him with a written Message, in answer to hie Verbal Message, which follows in these Words, Viz'- : An Answer to His Honour the Governor's Message hy the Secretary. " May it please Your Honour : ** We, the Representatives of the Free Men of the Government of the Counties of New-Castle, Kent, and Sussex, upon Delaware, have taken into consideration Your Honour's Verbal Message by the Secretary, in relation to the Indian Trade, and also the Letter from the Lieutenant Governor of New York, and the Copies of the Laws passed in that Province and Pennsylvania, referred to therein, upon which we beg leave to observe that the Inhabitants of thitj Government have at present no Commerce or Intercourse whatever with the Indians, and from their Situation cannot expect to have any with them hereafter, and therefore, that the appointment of Commissioners to meet and confer with such Commissioners as are or may be appointed by the other Colonies, appears to us unnecee- sary. "Nevertheless, We are of Opinion that any Assembly of this Government would, when called upon, pass an Act of a similar Nature with such Laws as shall be made in the Colonies of Quebec, New York, New Jersey, Penn3ylvania, Maryland, and Virginia, for the enforcing and carrying into Execution the General Plan that may be agreed on by the Commissioners from the said Colonies for the regulating the Indian Trade, so far as the same may be consistent with the local Circumstances of the Inhabitants of these Coun- ties. » " Signed by Order of the House. " CiESER RODNEY, Speaker. " March 23d, 1770." New-Castle, Saturday 24th March, 1770. The Assembly, at different Times during their Sitting, sent up to the Governor for his perusal and Concurrence ten Bills, which were duly read and considered, and a few Amendments being made to 662 MINUTES OF THE some of them, to which the Assembly acceded, were all returned to the House with the Governor's Assent, and are entituled as follows, Viz'-: 1. " An Act for regulating and establishing Fees." 2. " An Act for making divers Copies of Records, duly authenti- cated under the Great Seal of the Province of New York, and other papers, public Records, and for rendering Real Estates within this Government more secure." 3. '' An Act to enable the Owners and possessors of the Mead- ow, Marsh and'Cripple on the South side of Christiana Creek, call- ed Torn Hook Marsh, and of the Marsh Meadow on the South side of the same Creek, called Bosman's Creek Marsh, in the Hun- dred and County of New-Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof." 4. '* A Supplement to an Act entituled ' an Act for regulating Fences within this Government.'" 5. ** An Act directing the manner of suing out Attachments within this Government." 6. " An Act for repealing so much of An Act of Assembly, ' An Act for killing of Squirrels in the Counties of Kent and Sus- ses, as relates to the County of Kent ' " 7. " A Supplement to an act entituled ' An Act to enable the Owners and Possessors of the Meadow, Marsh and Cripple lying upon Nonsuch and Mill Creeks, and adjoining Lowden's Island, in the Hundred and County of New-Castfe on Delaware, to embank and drain the same, to keep the outside Banks and Dams in good repair for ever, and to raise a Fund for the doing thereof.' " 8. " An Act to enable the owners and Possessors of a certain Tract of Meadow, Marsh and Cripple on both sides of Mill Creek, below the town of New Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof." 9. " An Act for the appointing of Rangers and Regulation of Strays." 10. " An Act for amending An act passed ^in the 17th Year of the Reign of his late Majesty George the second, entituled * An Act for the better relief of the Poor of the County of New Cas- tle,' and for extending the same to the Counties of Kent and Sus- sex, and for other purposes hereinafter mentioned." The Governor having then acquainted a Committee of Assembly who waited on him to know when and where he would be pleased to pass the Bills, that he was ready to receive the House immedi- ately at his Lodgings for that Purpose, The whole House accord- ingly atiGoded with the ten Bills above mentioned, which the Gov- ernor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two Members of Assembly to see them sealed and deposited in the Rolls Office. PROVINCIAL COUNCIL. 668 The Speaker then presented to the Governor Orders on the Trus- tees of the Loan Office for £100, for which His Honour thanked the House. At a Council held at Philad*- on Wednesday 4th April, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c*- James Hamilton, Benjamin Chew, 1 William Logan, James Tilghman, I Esquires. Richard Peters, J Mr. Tilghman communicated to the Board a Letter he had just received by Express, from Charles Stewart, Esquire, dated at Easton, the 2d Instant, which informs him that on Wednesday the 28th of last month, the New England Men, accompanied by a number of Germans, appeared before the Houses at Wyoming, possessed by People under the Proprietaries, whooping, Yelling, and Swearing they would have the Prisoners which had been taken from them, and after expressing much abusive Language they be- gan to Fire upon the People in the Houses, who immediately returned the Fire, by which one of the Germans was shot Dead, and thereupon the New England Men, &c*' returned to the Fort, &c»- The said Letter contains several other particulars relating to the Conduct of the Connecticut People at Wyoming. (Vide Let- ter and its inclosures.) The Board taking into Consideration the best Measures to be pursued on this Occasion, advised the Governor to write a Letter to General Gage, informing him of the riotous Conduct of the Connecticut People in taking possession of the Proprietary Lands at Wyoming, and of the Legal Measures used by this Government to remove them and prevent further Disturbances, and also re- questing the Aid of the King's Troops to support the Civil Gov- ernment in the Execution of its legal Authority on any future Exigency. MEMORANDUM, the 5th day of April, 1770. This Day the Governor was pleased to appoint William Hicks, Esquire, to tlie several Offices following, in the Room of Lawrence Growden, Esquire, lately deceased, by four separate Commissions under the Great Seal of the Province, Viz*-: Prothonotary, or Prin- cipal Clerk of the County Court of Common Pleas; Clerk, or Register of the Orphan's Court ; Recorder of Deeds ; and a Jus- tice of the Court of the Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Bucks. MINUTES OF THE Friday, April the 6th, 1770. The Governor by the advice of the Board, -wrote the following Letter to His Excellency Major General Gage, viz'-: " Philadelphia, the 6th of April, 1770. " Sir : " It is now about a Year since a Number of People of the Colo- ny of Connecticut, assisted, as I am informed, by some of Pender- grasses Gang, in a riotous and forcible manner took possession of & large Body of Land on the Ptiver Susquehanna, within the Bounds of this province, under an absurd pretence of Title to the same, as included within the Bounds of the Connecticut Grant, and compel- led to abandon their Possessions several Persons then settled upon the Lands under Grants from this Province. The Intruders were at first removed, without much difficulty, by due Course of Law — they, however, soon returned with a formidable armed Force, re- took the Possession of the Lands, and setting the Laws at defiance, built a large Stockaded Fort, (in which they have since planted Cannon,) appointed their own officers, erected, as I am informed, Mock Courts of Justice, and bad the daring Insolence, without the least Warrant or Authority in Law, to arrest one of our People, upon whom they inflicted a very severe Corporal Punishment. *• It would be too tedious to trouble your Excellency with the several legal measures taken from Time to Time, on the part of this Government, to bring these lawless People to Justice, and to give them an opportunity of bringing their pretended Right to a Deci- sion, if they chose it. " They have at length prevailed on a Number of Profligate and Abandoned People on our Frontiers, (many of whom have been con- cerned in the late Indian Murders and Disturbances,) to join them in their unlawful Euterprize, and they now not only openly resist the Execution of the King's Process and set Government at naught, "but have lately gone so far as to attack and fire upon a party of our People, who had several of their Associates under legal Arrest, which obliged them to return the Fire, and it unfortunately hap- pened that one of the Rioters was killed and another wounded, so that it is no longer safe to attempt executing the Process of the Government against these Atrocious off'enders, and not having any Militia in the Province, I find myself under the disagreeable ne- cessity of applying for the aid of the Military to support the Civil Power. "I beg Your Excellency to be assured that I take this step with the utmost Reluctance, and that I shall not avail myself of any Orders You may on this Occasion think proper to give to the com- N. PROVINCIAL COUNCIL. 665 manding officer of His Majesty's Troops here, without the most ■argent Necessity. " I have the Honour to be, '* With great Regard, Your Excellency's " Most Obedient humble servant, ''JOHN PENN. "His Excellency Major General Gage." Thursday, April the 19th, 1770. The Governor this Day received by the Post a Letter from His Excellency Major General Gage, dated the 15tli Instant, which being an Answer to His Honour's Letter of the 6th Instant, is or- dered to be entered on the Minutes of Council, and is as follows, Viz'-: "New York, April 15th, 1770. " Sir : " I am very much concerned to find that the People from the Colony of Connecticut, who have formed Pretensions to certain Lands within the Province of Pennsylvania, have carried their Dis- orders to such a length as You inform me of in Your Letter of the 6th Instant, and wish it was in my Power, upon this and every other Occasion, to give you such Assistance as you may judge necessary to require for the Preservation of the Public Tranquility, and en- forcing a due Obedience to the Laws. "The Troops in all the Provinces have Orders, in General, to as- sist the Civil Power when they shall be legally called upon; but the Affair in Question seems to be a Dispute concerning Property, in which I can't but think it would be highly improper for the King's Troops to interfere. This Sentiment I am the more con- firmed in, from the Communication of His Majesty's Pleasure to me upon a Similar Occasion, when I was given to understand that in Cases of the kind there were very few Exigencies that could justify the Military Power being called into the Aid of the Civil. " From this Persuasion, as well as that the Delay of a few Months can't be productive of any very bad Effects, I trust you will approve my declining to give any particular Orders to the Commanding Of- ficer of his Majesty's Troops at Philadelphia for the present, upon this Occasion. I shall immediately lay before his Majesty's Min- isters the Requisition You have been pleased to make, and wait his Majesty's Commands thereupon, which, from the Representation You will probably think advisable to make of the Necessity of ask- ing the Aid of the King's Troops, I may hope to receive by the earliest Opportunity. " I have the Honour to be, with great Regard, " Sir, Your most Obedient humble Servant, " THO'- GAGE. " Lieu'- Governor Penn." MINUTES OF THE At a Council held at Philadelphia, on Monday the 23d of April, 1770. PRE.SENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c*- Richard Peters, Lynford Lardner, > p, William Logan, James Tilghman, 5 ^^^quires. The Transcripts of three several Records of Conviction vt^ere laid before the Board, which being read, it appears by one of the said Records, That at a Court of Oyer and Terminer and General Goal Delivery, held at Philadelphia, for the County of Philadelphia, on the 9th Day of April Instant, before William Allen, John Law- rence, and Thomas Willing, Esquires, Justices of the Supreme Court, and of the said Court of Oyer and Terminer, David Jones and Thomas Jones were tried and convicted of Felony and Bur- glary committed in the Dwelling House of Francis Hieneck, in the City of Philadelphia, on the 11th day of February last, and that they, the said David Jones and Thomas Jones, have received Sen- tence of Death for the same. By another of the said Records, it appears that, at the said Court of Oyer and Terminer and General Goal Delivery, held the said 9th Day of April, Instant, before the said Justices, Herman Rosikrans was tried and convicted of Counterfeiting the £3 Paper Bills of Credit of this Province, and of having uttered and paid away two of the said Bills, knowing them to be counterfeit, and hath received Sentence of Death for the same. And by the other of the said Records it appears that the said Court of Oyer and Terminer and General Goal Delivery, heldthe said 9th Day of April, Instant, before the said Justices, Mary Brian was tried and convicted of Felony and Burglary committed in the Dwel- ling House of Susannah Moffat, in the City of Philadelphia, on the 22d day of November last, and hath received Sentence of Death for the same. The said Records being taken into Consideration and the said Justices having reported nothing in favour of the three first men- tioned Criminals, The Governor by the advice of the Board, issued Warrants for their Execution on Saturday the 5th Day of May next. And upon the Recommendation of the Judges and Jury in behalf of Mary Brian, The Governor was pleased to Grant her a Pardon, which was accordingly issued under the Great Seal, bear- ing Date the 24th day of April, 1770, and delivered to the Sheriff to be presented to her. The Secretary laid before the Board a Return and Draught of a Road laid out and Surveyed, pursuant to an Order of Council of the 9th of February last, by the Persons therein appointed from Shuylkill, near Ellis Hughes's Saw Mill, through the County of PROVINCIAL COUNCIL. 667 Berks to Fort Augusta, which was read and follows in these "Words, viz*- : To The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca , and the Gentlemen of his Council within named. We the Subscribers in the within Order named, In pursuance of the said Order, have viewed the Grounds and Places through which the said Road within mentioned is Requested, and being satisfied that there is Occasion for the same, have laid out the said Road as fol- lows, to-wit : Be(]inmng in a Road formerly laid out from Schuyl- kill near Ellis Hughes's Saw Mill, down towards the Town of Read- ing, and three Quarters of a Mile down the said Road from Schuyl- kill ; Thence the several Courses and Distances as they are laid down in the following manner : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23! 24. 25. 26. 27. 28. 29. 30- 31. 32. 33. Courses. Distances. Remarkable Places. S. 87,do.W. 240. W. 20. W. 26. W. 92. W. 19. W. 34. W. 86. to Ellis Hughes's House. W. 186. to the Gap of the Tuscarora E. 70. Mountain. W. 46. W. 60. E. 150. W. 22. W. 50. W. 54. W. 42. E. 26. W. 34. to Schuylkill on the North Side W. 10. the Tuscaroras. W. 48. to Norwagen Creek. W. 20. W. 117. W. 74. W. 312. d. W. 60. W. 104. W. 40. W. 62. W. 70. W. 18. W. 96. W. 50. W. 20. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. S. N. N. N. S. N. N. N. S. N. 86 72 35 30 25 10 7 26 5 45 28 5 20 33 20 7 30 5 35 23 45 62 80 60 66 71 85 65 43 63 83 70 MINUTES OF THE 34. S. 35. N. 3G. N. 37. S. 38. N. 39. N. 40. N. 41. N. 42. N. 43. N. 44. N. 45. N. 46. N. 47. N. 48. N. 49. N. 50. N. 51. N. 52. N. 53. N. 54. N. 55. N. 56. N. 57. N. 58. N. 59. N. 60. N. 61. N. 62. N. 63. N. 64. N. 65. N. 66. N. 67. N. 68. N. 69. N. 70. N. 71. N. 72. N. 73. N. 74. N. 75. N. 76. N. 77. N. 78. N. 79. N. 80. N. 81. N. Courses. 75 72 82 82 68 48 58 78 69 48 60 78 69 59 66 80 52 48 45 70 43 25 59 68 73 78 60 82 85 77 74 64 47 30 7 12 19 38 33 74 15 75 65 20 12 30 52 44 Distances. Remarkable places. W. 104. W. 120. West Branch of Schuylkill. W. 54. W. 125. W. 34. W. 66. W. 20. W. 187. W. 38. to the foot of the Broad Mountain. 40. 42. 38. 90. 74. 66. d. W. 98. 72. 85. 195. 20. 18. 122. 97. W. W. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. w. 30. Broad Mountain Top. 140. 18. 38. 10. 104. 30. 32. 24. 12. B. 170. W. 94. W. 150. W. 44. W. 38. W. 33. W. 6. W. 17. to Mahonioy Creek. W. 8. across the same. E. 176. E. 102. E. 54. to Mahonioy Mountain, E. _ 68. on the Mountain Side. W. 176. on the Mountain Top. PROVINCIAL COUNCIL. 660 Courses. Distances. Remarkable p 82. N. 70, W. 36. 83. N. 44, W. 140. 84. N. 30, W. 36. 85. N. 52, W. 00 86. N. 70, W. 244. 87. N. 53, W. 180. toShamokin Creek. 88. S. 84, W. 144. 89. N. 68, W. 146. 90. West 640. 91. N. 76, W. 134. 92. N. 68, w. 70. 93. N. 84, w. 84. 94. S. 84, w. 216. 95. N. 85, w. 50. 96. S. 70, w. 106. 97. N. 85, w. 60. 98. N. 35, w. 40. 99. N. 14, w. 174 down Shamokin Creek. 100. N. 50, w. 40 fording Place. 101. S. 85, w. 104. 102. N. 75, w. 48 Shamokiu Creek. 103. N. 3, E. 30. 104. N. 15, E. 80. ' . 105. N. 8, W. 100 Shamokin Fording. 106. N. 59, W. 24. 107. West 190. 108. N. 40, W. 60. 109. N. 80, W. 44. 110. N. 70, W. 54. 111. WesI 64. 112. N. '52, W. 60. 113. N. 77, w. 28. 114. N. 64, w. 110. 115. N. 35, w. 148. 116. N. 12, w. 20. 117. N. 45, w. 22. 118. N. 22, w. 20. 119. N. 14, w. 23 Bear HiU. 120. N. 27, w. 9. 121. N. 60, w. 32. ^ 122. N. 42, w. 18. 123. N. 22, w. 146. 124. N. 40, w. 336. 125. N. 60, w. 184. 126. N. 81, w. 980. 127. West 260. 128. N. 77, w. 168 129. N. 60, w. 300,. 670 MINUTES OF THE Courses. Distances. Remarkable places. 130. N. 54, W. 108 Shamokin at the Old Ford. 131. N. 41, W. 367 to the Bank of the River Susque- hanna, by the North West Corner of Fort Augusta, at the Junc- tion of the East and West Branches of the said River, of the length of thirty-nine Miles and one Quarter and nineteen Perches ; A Draught whereof is hereunto annexed ; and We do Report the same to be so by us laid out for Public Use; As Witness our Hands, this fourteenth day of April, in the Year of our Lord one thousand seven hundred and seventy. GEORGE WEBB, HENRY SHOEMAKER, JOHN WEBB, ISAAC WILLITS, JOB HUGHES. The Board taking the said Return and Draught of Survey into Consideration, do hereby confirm the Road according to the Cour- ses and Distances set forth in the said Return of Survey, and do declare it to be a public Road or King's High-way. And it is or- dered that the same be forthwith opened and rendered commodious for public Service. Tuesday, 15th May, 1770. MEMORANDUM. The House of Assembly having informed the Governor of their Meeting yesterday pursuant to adjournment, sent up to His Honour for his concurrence, a Bill entituled "An Act for the further con- tinuance of the Act entituled An xAct for appointing Wardens for the Port of Philadelphia," &c*- The Two Members who brought the Bill, at the same Time acquainted the Governor that the House, having no other material Business to enter upon at present, were inclined, as soon as that Bill should be passed, to adjourn to the 17th of September next, if His Honour had no Objection thereto, to which the Governor replied that he would consider the Bill im- mediately, and had no objection to their proposed Adjournment f ~ Wednesday, 16th of May, 1770. The Governor returned the Bill for regulating Pilots, &c^' to the House, By the Secretary, with a Message that he agreed to pass it. PROVINCIAL COUNCIL. 671 Council Chamber, Wednesday 16tli May, 1770, 12 o'clock. The Governor having received a Message from the Assembly, requesting him to acquaint the House when he would be ready to pass the Bill which he had agreed to, and having appointed this Hour for that purpose, sent a Message to the House by the Secre- tary, requiring their attendance in the Council Chamber, that he might enact the said Bill into a Law. The House accordingly attended, and the Speaker presented the Bill entituled " An Act for the further continuance of the Act entituled * An Act for appointing Wardens for the Port of Phila- delphia, and for the better regulating Pilots plying in the River and Bay of Delaware, and the price of Pilotage to and from the said Port." Which the Governor was pleased to enact into a Law, and signed a Warrant for affixing the Great Seal thereto. Two members of the House and the Secretary were then appointed to see the same sealed and deposited in the Rolls Office. Monday, May the 21st, 1770. This Day the Governor was pleased to appoint Turbutt Francis, Esquire, to the several offices following, in the Room of Hermanies Alricks, Esquire, who resigned, by five seperate Commissions, under the Great Seal of the Province, viz' j Prothonotary, or principal Clerk of the County Court of Common Pleas ; Clerk of the Quarter Sessions of the Peace ; Clerk or Register of the Orphans' Court ; Recorder of Deeds ; and a Justice of the Peace and of the County Court of Common Pleas for the County of Cumberland. At a Council h'eld at Philadelphia, on Monday 23d of May, 1770. " PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Benjamin Chew, t r j t j } ^^ James Tilghman, ^^^^^"^^ ^^'^'^^^'■' [ Esquires. The Governor laid before the Board a Transcript of a Record of the Conviction of Hugh Barclay for Burglary, by which it appeared that at a Court of Oyer and Terminer and General Goal Delivery, held at New-Castle, for the County of New Castle, on Monday the 16th Day of April last, before John Vining, Richard McWilliam, Cassar Rodney, and David Hall, Esquires, Justices of the Supreme Court, and of the said Court of Oyer and Terminer, the said Hugh 672 MINUTES OF THE Barclay was tried and convicted of Felony and Burglary, committed in the Dwelling House of Richard McWilliam, Esquire, in the County of New-Castle aforesaid, on the 25th day of December last, and hath received Sentence of Death for the same. "The said Kecord being taken into Consideration, and the said Justices having reported nothing in favour of the Criminal, The Governor, by the advice of the Board, issued a Warrant for his Execution on Saturday the ninth Day of June instant. " The Board took into Consideration the present State of the Justices of the Peace and of the County Courts of Common Pleas for the several Counties of the Province, and it appearing necessary to make Sundry Additions and Alterations in several of the Com- missions of the Peace now in Force, as well on account of the vacancies now occasioned by the Deaths and other Accidents, as to accomodate many parts of the Province where no Magistrates at present reside. It was agreed to issue new General Commissions of the Peace for the Counties of Philadelphia, Bucks, Chester, Lan- caster, Cumberland, and Berks. And Lists of Persons were imme- diately prepared, including those who are judged proper to be con- tinued in Commission, as well as several others proposed and recommended as fit and Qualified to Execute the office of Magis- trates; and after due consideration, the following gentlemen were approved and agreed on to be the Justices of the Courts of General Quarter Sessions of the Peace, and of the County Court of Common Pleas for the several Counties respectively as follow, Viz'-: For Philadelphia County, the Members of Council, and Isaac Jones, George Bryan, Samuel Ashmead, Frederick Antis, Samuel Mifflin, James Biddle, Jacob Duche, Alexander Edwards, Samuel Shoemaker, John Allen, William Parr, Charles Jolly, Evan Thomas, James Young, Archibald McClean, Charles Batho, William Dewees, John Gibson, Jacob Hallj Peter Chevalier, John Bull, Peter Knight, Thomas Lawrence, John Potts. For Bucks County, the Members of Council, and Gilbert Hicks, . Robert Patterson, Joseph Hart, Benjamin Mathews, Richard Walker, John Harris, John Jameson, Jonathan Ingham, John Abraham Denormandie, Hugh Hartshorae, Jacob Bogart, John Kidd, Thomas Barneley, Adam Hoops, PROVINCIAL COUNCIL. 673 Joseph Kirkbride, John Wilkinson, William Yardley, Henry Wynecoop, William Hicks, William Coxe, Thomas Riche. For Chester County, The Members of Council, and Charles Cruikshanks, Richard Baker, James Gibbons, James Moore, William Swaffer, Evan Evans, Thomas Hockley, Joseph Pyle, Thomas Temple, Warwick Miller. William Moore, Thomas Worth, John Morton, Isaac Davis, Alexander Johnston, William Clingham, "William Parker, John Hannum, John Price, Henry Hale Graham, Richard Reily, For Lancaster County, The Members of Council, and Emanuel Carpenter, James Clemson, Isaac Saunders, James Bickham, Edward Shippen, Robert Boyd, Adam Simon Kuhn, Timothy Green, Calvin Cooper, James Work, James Burd, Everhart Gruber, Zaccheus Davis, William Henry. John Philip De Haas, For Cumberland County, the Members of Council, and John Armstrong, James Galbraith, John Byers, James Caruthers, Hermanis Alricks, John Reynolds, Jonathan Hogg, Robert Miller, "William Lyon, Robert Callender, Andrew Calhoun, James Maxwell, Samuel Perry, John Holmes, John Allison, Christopher Lemes, Bernard Dougherty, George Robison, William Patterson, Turbutt Francis, William Maclay, Arthur St. Clair, Henry Prather, William Crawford, James Milligan, Thomas Gist, Dersey Penticost, John Agnew. For Berks County, the Members of Council, and Benjamin Lightfoot, John Patton, James Read, George Douglas, VOL. IX. — 43. 674 MINUTES OV THE Peter Spycker, Henry Christ, George Webb, Sebastian Zimmerman; Thomas llutter, Mark Bird, Jacob Morgan, "William Reeser. James Deimer, At a Council held at Philadelphia, on Friday 25th May, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Govemorj, &c'- William Logan, Benjamin Chew, } y James Tilghman, j '■ Amos Ogden, Esquire, and Nathan Ogden, who lately caijie from Wyoming, appeared at the Board by the desire of the Governor, and related all that they knew concerning the late proceedings of the Connecticut People, and others in Confederacy with them, who have taken Possession of the Lands at Wyoming. A full and true Ac- count of these Matters are set forth and contained in their respec- tive Depositions, which were prepared and taken before the Gov- ernor, and are as follow, Viz'-: Philadelplda, to Wit: The Deposition of Amos Ogden, Esquire, one of His Majesty's Justices of the Peace for the County of Northampton, in the Pro- vince of Pennsylvania, aged thirty-eight Years, or thereabouts, who being first Sworn on the Holy Evangels of Almighty God, deposeth and saith : That he has been settled at a place called Wyoming, on the North-East Branch of Susquehannah, in the County and Province aforesaid, for upwards of twelve Months past, by the Permission of the Honourable the Proprietors of Pennsylvania, on :x large Tract of Land surveyed there, and reserved for the said Proprietors. That a number of People, claiming a llight under the Government of Connecticut, soon after the Deponent settled there as aforesaid,. came there, armed with Fire Arms and other ojffensive Weapons, and made a forcible Entry on the said Proprietors' Tract, and after- wards held the same with Force, untill they were removed by due and legal Proceedings at Law, after which they soon returned with an increase of their Numbers, and in the same violent Manner again took Possession of the said Tract of Laud, and proceeded to erect and build thereon a strong Fort or Fortification. That for this Proceeding a great Number of them were indicted at the Court of iQuarter Sessions for the County of Northampton, in which the Lands so forcibly taken Possession of lye, and the Process of the said Court issued against them, directed to the Sheriff of the said PROVINCIAL COUNCIL. 675 County, who, with a considerable Posse, attended at the place afore- said in the Month of October last, in order to arrest the said Rio- ters by virtue of the Process aforesaid, and demanded Entrance into the said Fort, to execute the said Process upon the said ofi'enders, many of whom were then within the said Fort, and the said of- fenders refused to give the said Sheriff Admittance into the said Fort, or to give themselves up to Justice, but offered to relinquish the Possession of the said Fort and the Lands thereabouts to the said Proprietors, and those who held Lands under them, only that fourteen of them should remain in the said Fort untill the next Spring, by which Time it was expected there might be some ad- vices from England respecting the Dispute about the said Lands, which said Terms the said Sheriff thought fit to agree to, rather than run the Risque of spilling Christian Blood, by forcing into the said Fort, and in Consequence of the said Promise and Agree- ment, the said Rioters did afterwards deliver up the said Fort to the said Sheriff and the Deponent and a certain Charles Stewart, and departed therefrom, all except Fourteen in Number. That the said Deponent afterwards understood and believes that during the Course of the last Winter, the Emissaries of the Connecticut Partj were endeavouring to prevail on many of the Frontier People of this Province, in the upper part of Lancaster County, to back their Pretensions, and again to take a forcible Possession of the Lands aforesaid ; and about the fourteenth of February last, the Deponent being absent in Jersey, News was brought him that a number of People from Lancaster County aforesaid, had arrived at Wyoming, and in a Warlike manner, in support of the Connecticut Right, had taken Possession of the Fort, and had broken open one of the Deponent's Houses, and taken thereout one piece of small Cannon, and several other Effects, and thereupon he immediately went over to Wyoming aforesaid, and found the said Account to be true. And the Deponent further saith, that the Party aforesaid, from Lancas- ter, was commanded by Lazarus Stewart and Lazarus Young ; and the People in the Fort, both Pennsylvanians and New Eng- landers, were commanded by Zebulon Butler, a New Eug- lander. That on or about the 23rd of February last, an armed Party from the Fort, of about 30 in Number, commanded, as it seemed to this Deponent, by Lazarus Stewart, broke open the House of Captain Salmon, in a violent manner, who was settled on the said Proprietors' Tract, by Lease under the said Proprietors, pulled the same down, and destroyed all the Effects of the said Salmon in the said House ; That on the iOth of February, the said Captain But- ler and Lazarus Stewart came to the House of the Deponent, and demanded of him that he and all the Settlers under Pennsylvania, which were then about ten in number, should leave the Grrouud by the 28th following, telling them if they refused, they must abide by the Consequences; and on the said 28th Day of February, a Party of between forty and fifty Men, headed by Lazarus Stewart 876 MINUTES OF THE and Lazarus Young, armed with Guns, Pistols, and Tomhawks, attacked the House of Charles Stewart, Esquire, one of the Tenants of the Proprietors of Pennsylvania, pulled it down and destroyed all his Effects ; That between the 28th of February and the 28th of March following, the People in the Fort did no^; proceed to any other violent measures; That on the 28th of March, a party of the Connecticut People and Pennsylvanians, of about fifty or sixty armed Men, passed by the House of the Deponent, and halted about twenty Poles distant from it, where they remained about an Hour, threatening the Deponent and the Party in His House ; That the Deponent, observing one amongst them who had escaped after having been taken and arrested by due Process of Law, sent out a small Party with the Deputy Sheriff, from whom he had escaped, to retake him, who were attacked by the other Party and fired upon, whereupon the Deponent's Party returned the Fire, and there were afterwards Firings on both sides, in the Course of which a Man of the other Party was killed, as this Deponent understood. *' This Deponent further saith, that on the second of April last, a party from the Fort, commanded by Lazarus Stewart, came to a House of the Deponent in which one Osburn lived, as a Tenant to the Deponent, turned Osburn and his Family out, and pulled down the House, and destroyed the Goods of the Family, after which they shot several of the cattle, and took out of the Stable a Young Horse of the English Blood, belonging to Nathan Ogden. The Deponent further saith, that on the ninth of April last, the People belonging to the Fort began to build a Block House on the other side the River, and that on the 13th they fired a Cannon Ball at the Deponent's House. " That on the 23rd of April, a large armed Party from the Fort advanced towards the Deponent's House with Drum beating and Indian Shouts, and coming near the House they separated into three Divisions, and each Division immediately began to make Breast Works, declaring they would soon have the Deponent's Party out of their Houses, and about 12 o'Cloek the same day, they be- gan to fire at the Deponent's House, which Fire was returned by the Deponent's Party in their own Defence, and a mutual Firing continued till the 28th following; That on the 25th, the Fort Party set Fire to a House of the Deponent in which were Goods and Provisions to a considerable Value, and burned it down; That, on the said 28th of April, Major Durkee, of the Fort Party, sent the Deponent a Note desiring to speak with him, and the Deponent waited upon him, and a Truce was concluded on till 12 o'Cloek next Day, at which Time Major Durkee invited the Deponent in a friendly way to Dine with him ; That the Deponent went accord- ingly and dined with him, and after Dinner was acquainted by Cap- tain Collins, of Connecticut, that he, the Deponent, was not to leave the Fort till matters were settled, and the Deponent's works given up; That the Deponent, finding himself in this Situation, was obliged to come into the following Terms : PROVINCIAL COUNCIL. 67t 1st. Captain Ogden agrees that this Fort shall be delivered to Captain Butler. 2ndly. All the Men with Captain Ogden that has not Effects on the Ground, to depart the first day of May next. 3dly. It is agreed that six Men of Captain Ogden's Party con- tinues to take Care of the Effects belonging to Captain Ogden and his Party until the first Day of June next, and then to depart with all the Effects belonging to said Party. 4thly. Agreed that the People of Captain Ogden's Party have the Priviledge of selling their Wheat that is in the Ground. 5thly. Agreed that Captain Ogden's Party keep one House for the six Men with two fire Arms, to take Care of his Effects. 6thly. Agreed that these People that have stock on the Ground, and have not made sufficient Provision for said Stock, shall pay all the Damages done bj said Stock to the Men that suffer by them. The above Articles agreed to, and signed by Captain Ogden in behalf of himself and his Party, and Zebulon Butler, for self and his Party. ZEBULON BUTLER, AMOS OGDEN. April 29th, 1770. The Deponent further saith, that after the Capitulation aforesaid, having Reason to think that the other Party had designs of con- fining him, he took the first fair Opportunity of leaving the Place, That he is informed and believes that after he left the Place, the People in the Fort took Possession of all his Effects and burnt his House; and the Deponent further saith, that being constantly in- Btructed by the Honourable John Penn, Esquire, Governor of Penn- sylvania, to act only on the defensive or in a Course of Law, and to avoid Occasions of Bloodshed, he punctually observed the same Instructions, nor did he or any of his Party at any Time offend any of the other Party or injure them in their Property, and further saith not, AMOS OGDEN. Sworn at Philadelphia, the tweuty-fifth Day of May, 1770, be- fore me, JOHN PENN. [Here follow two and half blank pages ia Council Book.] At a Council held at Philadelphia, on Thursday the 21st of June, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &^- Richard Peters, Benjamin Chew, | p-gq^ij-cg Lynford Lardner, James Tilghman, j ""'^ The Transcripts of two Records of Conviction were laid before the Board and read. By one of the said Records it appears that at 678 MINUTES OF THE a Court of Ojer and Terminer and Grenoral Gaol delivery, held at Readinir, for the County of Berks, on the 14th day ol May last, before Jolin Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court, and of the said Court of Oyer and Terminer, Thomas Proctor, late of the said County of Berks, La- bourer, was tried and convicted of Felony and Burglary, committed in the Dwelling House of William Ncal, in the County of Berks aforesaid, on the 25th day of July last, and hath received Sentence of Death for the same. The said Record being taken into Consideration, and no favour- able Circumstances having been reported by the Judges in behalf of the said Criminal, The Governor, by the Advice of the Board, issued a Warrant for his Execution on Saturday the 7th day of July next And, by the other of the said Records, it appears that at a Court of Oyer and Terminer and General Gaol Delivery, held at Chester, for the County of Chester, on the 11th day of June Instant, before William Allen, John Lawrence, and Thomas Wil- ling, Esquires, Justices of the Supream Court, and of the said Court of Oyer and Terminer, Matthew M'Mahon was tried and convicted of Felony and Murder, committed on the Body of a cer- tain James McClester, of Middlet:'wn Township, in the County aforesaid, Labourer, and hath received Sentence of Death for the game. Th3 said Record being taken into consideration, and the said Judges having reported nothing in favor of the said Criminal, The (iovernor, by the advice of the Board, issued a Warrant for his Ej;ecution on Saturday the 30th day of June Instant. The Governor then, by the Advice of the Board, Ordered that a epecial Commission be issued, appointing James Humphreys, Es- quire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the City and Ciiunty of Philadelphia, to accommodate him in his Office of Notary Public, by enabling him to take the Acknowledgments of Deeds, &c^' The 28th of June, 1770. MEMOUANDUM. The Governor, by the advice of the Council, this Day issued the following Proclamation for removing the Connecticut People, and Other Intruders from the Lands at Wyoming, Viz'- : I PROVINCIAL COUNCIL. . 679 ^^ By the Honourable J OSN PENN^ Esquire, Liexdenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware. "A PROCLAMATION. " Whereas, a Number of Persons, chiefly of the Colony of Connecticut, have lately, as well as at difi"erent Times heretofore, without any License or Grant from the Honorable the Proprietaries of this Province, or Authority from this Government, made Attempts to possess themselves of and settle upon a large Tract of Land within the known Limits of this Province, lying at and between "Wyoming, on the River Susquehanna, and Cushietunk on the River Delaware ; ^nd Whe)-eas, I have lately received Intelligence that divers People of the said Colony of Connecticut have persuaded and enviegled many of the Inhabitants of this Province to join them, and with their Assistance have, with Force and Arms, in the most hostile and warlike manner, not only possessed themselves of the Lands at and near Wyoming on the said River Susquehanna, within the known Bounds of this Province, but have, also, in the same hostile and warlike Manner, driven and expelled from their lawful Settlements and Possessions divers Persons there settled by lawful Authority under the said Proprietaries, burned their Houses, killed their Cattle, and other Stock, destroyed their other Efiects, and imprisoned the Persons of many of them, in open Defiance of all Law and Justice ; Wherefore, as well to assert the just Rights of the Proprietaries of this Province to the said Lands, as to warn and Prevent any of the Inhabitants of this Province from being unwarily drawn in to join the said Intruders in prosecuting their illegal Settlements, I have, by and with the Advice of the Council, judged it proper to issue this nw Proclamation, hereby strictly en- joining and requiring, in His Majesty's Name, all and every Person and Persons already settled, and residing on the said Lands, without the License of the Proprietaries or Authority from thife Government, immediately to evacuate their Settlements and to depart and remove themselves off and from the said Lands without delay. And I do hereby forbid all His Majesty's Subjects of this or any other Province or Colony, on any Pretence whatsoever, to in- trude upon, settle or possess any of the aforesaid Lands, or any other Lands within the Limits of this Province, without the express Permission of this Government, as they will answer the Contrary at their Peril, and on pain of being prosecuted with the utmost Rigour of Law. And I do hereby declare, that all and every Person or Persons who have joined or shall join the said Intruders in sup- porting or holding their present illegal and unjust Possessions, or in making further Settlements within this Province, shall not only be deprived of the Benefit of taking up auy Lands within this Pro- vince, but shall be treated with the utmost strictness in respect 680 MINUTES OF THE to any Lands they have heretofore taken up, or do possess under the said Proprietaries, which have not been fully paid for. And 1 do hereby strictly charge, enjoin and require all Magistrates, Sher- iffs and other officers, as well as all other His Majesty's liege Sub- jects within this Province, to exert themselves, and use their utmost Endeavours to prosecute and bring to Justice all Offenders in the Premises. " Given under my Hand and the Great Seal of the said Province, at Philadelphia, the twenty-eighth day of June, in the tenth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and seventy. "JOHN PENN. " By His Honour's Command. " Joseph Shippen, Junior, Secretary. "GOD SAVE THE KING." And at the same Time issued two special Commissions appoint- ing Turbutt Francis and Samuel Hunter, Esquires, Justices of the Peace for the County of Berks. Tuesday 18th September, 1770. MEMORANDUM. The Governor received a verbal Message from the Assembly, ac- quainting him that the House had met pursuant to adjournment, and were ready to receive any Business he had to lay before them ; to which His Honour replied that he had nothing particular at present to recommend to their Consideration. The Governor having received •Information that a Commission is wanted in the County of .Lancaster, for the Tryal of Ne- groes, His Honour this day issued one, appointing Emanuel Car- penter and Isaac Sanders, Esq"-, Justices for holding Courts in that County for the Tryal of Negroes, according to Law. At a Council held at Philadelphia, on Wednesday 26th Sep- tember, 1770. PP.,ESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, «&c^- Benjamin Chew, ) tji James Tilghman, j " ' ' The Secretary laid before the Board a Return and Draft of a Road laid out, surveyed and returned into the Provincial Secretary's Of- PROVINCIAL COUNCIL. 681 fice, pursuant to an Order of Council of the 20th of February last, from the Middle Ferry on Schuylkill to the sign of the Ship on the Conestogoe Road, and thence to the Village of Strasburg, in the County of Lancaster ; and also two Petitions from some of the In- habitants of Chester County, setting forth objections to the said Road, and praying a Review. As some of the Petitioners desired they might have an Opportu- nity of being heard before the Governor and Council came to any Determination, the Board appointed Friday the 19th of October next for the Consideration of this Matter, that the Petitioners may have timely Notice to attend the Board, and explain their Objec- tions to the Road as laid out, and the Secretary is ordered to give Notice to the Petitioners accordingly. The Governor laid before the Board three Bills sent up by the Assembly for his Concurrence, entituled as follow, viz'- : " An Act for regulating Waggoners, Carters, Draymen and Porters, and for other Purposes therein mentioned." " An Act for the Regulation of Apprentices within this Prov- ince." " An Act to continue the act entituled ' An Act for the opening and better amending and keeping in Repair the Public Roads and Highways within this Province." Which were read and duly considered, and the Secretary was di- rected to return the same to the House, with two small Amend- ments made to the Apprentice Bill, and a verbal Message to ac- quaint the House with the Governor's Assent to the two others. 27th September. MEMORANDUM. The Assembly sent up to the Governor a Bill entituled " An Act for the Support of the Government of this Province and pay- ment of the Public Debts," which being read, the Governor directed the Secretary to carry a verbal message to the House requesting them to furnish him with a List of the Draughts and Certificates intended to be paid off and discharged by that Bill. Eodem die, P. M. The Governor sent by the Secretary a written Message to the As- sembly, (with the Deposition of John Philip De Hass, Esquire,) which follows in these "words, viz'- : G82 MINUTES OF THE A Message from the Governor to the Assemble/. " Gentlemen : " I have ordered the Secretary to lay before you the Deposition of John Philip De Haas, Esquire, one of the Justices of the Peace of the County of Lancaster, by which you will perceive that, in Consequence of a Warrant some Time ago issued by John Law- rence, Esquire, one of the Supreme Judges of this Province, for the apprehending of Lazarus Stewart, Lazarus Young, and Zebulon Butler, charged with the Crime of Arson, (an offence made Capital by Act of Assembly,) the said Stewart having been arrested on the fifteenth day of this Instant, rescued himself, with the Assistance of a Number of lawless People who joined him, and not only beat the Constable who arrested him, but abused and threatened the said De Haas in the Execution of his Office as a Justice, in the most violent mannei;. I shall order Prosecutions to be carried on against the Rescuers, who I hope may be brought to Justice in the com- mon Course of legal Proceedings, but, as the principal Offenders will probably, as they hither to have done, set the Laws at defiance, and make it dangerous to apprehend them, I think it expedient, for the sake of public Justice and the Honor of Government, that a Reward should be offered for taking them, in which I make no doubt I shall have your Concurrence, "JOHN PENN. " September 27th, 1770." The Deposition follows in these words, viz'- ; " Philadelphia, to wit : "On the twenty-sixth day of September, in the Year of our Lord one thousand seven hundred and Seventy, before me, Thomas Wil- ling, Esquire, one of the Judges of the Supream Court of the Pro- vince of Pennsylvania, personally appeared John Philip De Haas, of the Township of Lebanon, in Lancaster County, Esquire, one of His Majesty's Justices of the Peace of the County of Lancaster, who being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that he, the said Deponent, on the fifteenth day of Sep- tember Instant, delivered to Frederick Buhlman, Constable of Leb- anon aforesaid, a Warrant from John Lawrence, Esq"^' one of His Majesty's Judges of the Supream Court of this Province, directed to all the civil Officers of the Province, for apprehending Lazarus Stewart, Lazarus Young, and Zebulon Butler, and bringing them before him, or one other of the Judges of the Supream Court, to answer a certain Charge made on Oath against them of burning Houses, and other misdemeanors, said to be committed iu the County of Northampton, in the Province aforesaid, and the said Constable thereupon, about 10 o'clock the same day, arrested the said Lazarus Stewart in Lebanon, in the Deponent's Presence; that PROVINCIAL COUNCIL. 683 the said deponent, understanding that the said Stewart was a dan- gerous, turbulent iMan, & apprehending a Rescue might be attempt- ed, employed three Men to assist the (Nonstable to convey him down tlie Country, promising them a Reward of five Pounds to each of them if they accomplished it ; that the said Stewart, being encou- raged by Messages from one William Stoy, as this Deponent hath been informed, and Verily believes endeavoured to retard as much as he could, their setting oif, and at length found means to intimi- date the Persons employed to assist the Constable, so that they went away, leaving the Constable to do as he could; that the Deponent being informed of this, endeavoured to procure other Assistance, but while so employed. Word was brought him that the said Stewart had rescued himself, with the assistance of one Matthias Mause, a Neph- ew of the said Stoy, who gave the said Stewart the handle of an Axe, with which he had knocked down the Constable & beat him in a Cruel and Unmerciful manner; that thereupon this Deponent went to the Place where the said Stewart was, and called to sundry of the Inhabitants who were there standing, and had been Witnesses to the uforesaid outrageous Proceeding, charging them in His Ma- jesty's Name to assist him, the Deponent, and the said Constable ia retakiiii; the said Stewart, at the same Time acquainting them with the Crimes of which he was charged, and for which he was in the Constable's Custody; that none of the Inhabitants would obey the Deponent, some of them being Friends and abettors of Stewart, and the rest afraid; that the said Stewart stepped forward with a Club in his Hand, and abused the Deponent in the most oppro- brious '•'erms, and the Deponent despairing of Assistance, and un- derstanding that a Number of Stewart's Friends were expected from the Country, and apprehending from his Threats, that great Mis- chief and Disturbance would ensue, thought proper to retire, exhort- ing the People in the most earnest Manner to preserve the Peace, and prevent any riotous proceedings ; that about an hour after the rescue, a Party of armed Men, to the number of twenty, or therea- bouts, rode into the Town of Lebanon, and joined the said Stewart, who soon after came towards the said Deponent, then walking be- fore his own Door, and with much Scurrility and Abuse, with a Pistol in one hand and a Club in the other, threatened him for having procured him to be arrested, and the Deponent finding it ne- cessary to defend himself, retired into his house and got his Pistols ; that the said Stewart endeavoured to follow him into the House, but one of the Family fastening the Door, prevented him; that the said Stewart afterwards called on the Deponent to come and take him, and said that there was long ago two hundred Pounds Reward of- fered for him (alluding, as this Deponent understood, to the said Stewart's being one of the Persons concerned in Murdering the In- dians in Lancaster Goal, for taking whom a Reward was offered by this Government), that the said Deponent was informed by Nicholas Hausaker, Innkeeper in Lebanon aforesaid, that the said Stewart 684 MINUTES OF THE 9,fterwards came to the said Hawsaker's, and threatened that if he ever should obey the Orders of the Deponent in taking, or assisting to take the said Stewart, or any of his Company, he, the said Stew- art, would cut him to Pieces, and make a Breakfast of his Heart ; and this Deponent saith that the said Stewart and his Company Rode off in Triumph ; and further this Deponent saith not. " Sworn before me, the day and year before written. "J. P. DEHAAS. , " Tno^ Willing, [l. s]." Friday the 28th of September. Two Members of Assembly waited on the Governor with a List of the Public Debts referred to in the Bill for the support of Gov- ernment ; and at the same time presented him a Bill entituled "An Act for vacating a part of a Road in the Township of Passyunk, and for laying out and making a new Road instead thereof;" and also the following Remonstrance from the Assembly to the Gov- ernor, with a number of Vouchers and proved Accompts therein referred to. A Remonstrance to the Governor from tJie Assembly. " May it please your Honour : " 'I'he House have taken into Consideration the application fi'om divers Inhabitants of Lancaster and Cumberland Counties, and the Report of the Committee of Grievances, relative to the impressing of Carriages by Colonel Wilkins, for transporting the Baggage, &c*' of the Troops under his Command, in their March through the said Counties in the Year 1768, and from Affidavits and other Vouchers, laid before this House, it appears that in June, 1768, the Colonel applied to the Magistrates in Lancaster, and, by their Warrants, had nineteen Waggons, with Horses and Drivers, impressed ; who Transported the Baggage to Carlisle, where the Colonel had agreed to discharge them ; but, not being supplied with a sufficient num- ber of other Carriages there, he detained those from Lancaster many days longer than his Contract, and then proceeded with them as far as Fort London, where he engaged to discharge them, but them also many Days ; and then having some other Waggons furnished him there, he discharged some of the Lancaster County Carriages, but compelled the rest to pi'oceed with him to Fort Pitt ; and on the Road, having met with some other Waggons returning from Fort Pitt, loaded, he obliged them to unload and return with him to Fort Pitt; that the Colonel, in settling their Accounts, allowed the Wag- goners for only about one-third part of the Time they were in the Service, and deducted out of the same the Price of the Provisions, PROVINCIAL COUNCIL. 685 Forrage and Pasture, expended by the Drivers and Horses ; that by these means the Owners of the Carriages have sustained great Hardships and Loss. We therefore think it our Duty to lay the Vouchers before your Honor, and request that you will represent this matter to His Excellency General Gage, Commander in Chief of His Majesty's Troops in America, not doubting but he will afford proper Relief to the Sufferers. "Signed by Order of the House, "JOSEPH GALLOWAY, Speaker. " September 27th, 1770." Eodem die, P. M. Two Members of the Assembly brought up the following written Message to the Governor, in answer to His Honor's Message to the House of yesterday, viz'-: A Message to the Governor from the Assembly. " May it please your Honour : " We have taken into Consideration your Message of the 27th Instant, and heartily concur in Opinion with your Honour, that it is highly necessary for the preservation of the Public Peace, and a due Execution of the Laws, to offer a Reward for the apprehending Lazarus Stewart, for the daring Insult he has committed on Autho- rity of Government, and we have no doubt but a future Assembly will choarfully make Provisions for the Payment of fifty Pounds for the taking him whenever the same shall become due. " From the Afl&davit laid before us by the Secretary, we observe there is Cause to suspect the said Stewart hath been guilty of a Crime of a more atrocious Nature than that mentioned by your Honour; should the Reward to be offered for taking him have the intended effect, we have not the least doubt but you will give Orders for prosecuting him, as well for any other Offences sup- ported by proper Evidence, as for the audacious Contempt he has shewn to the authority of the Magistracy. " Signed by Order of the House. "JOSEPH GALLOWAY, Speaker. " September 28th, 1770." Saturday, the 29th of September, A. M. The Governor returned to the Assembly the Bill for the Sup- port of Government, &c^' with his Assent, and the Bill " for vaca- 686 MINUTES OF THE ting part of a Road in the Township of Passyunk, and for laying out and making a new Road instead thereof/' with the following written Message, Viz'-: A Message from the Governor to the Assembly. '* Gentlemen : " From the best Judgment I have been able to form of tlie Bill now before me, entituled " An Act for vacating a Part of a [load in the Township of Passyunk, and for laying out and making a new Road instead thereof," it is proposed that a new Road shall be laid out for public Use, to intersect the River Schuylkill in a Point opposite to a Place on the other side ot that River from whence a Provincial Road has been applied for, by a Petition to me and the Council, to intersect the old Road leading to Chester at Crum Creek. It may be proper to inform you, that in Coustquence of this Petition an Order of Council has been made, appointing a number of Gentlemen on their own view to judge of the Utility of that Road, and to make their Report accordingly. As, therefore, the necessity of laying out the Koad proposed by the Bill, seems to me wholly to depend on what may be done in the Case of the other Road with which it is intended to have communication, I think there would at present be great impropriety in passing the Bill under Consideration; Besides, Gentlemen, the Acts of Assem- bly of this Province having established proper Judicatories for lay- ing out both Provincial and private Roads, I cannot see what Occa- sion there is for the Legislature to interpose in these cases. For these Reasons, I am under the disagreeable necessity of returning you the Bill with a Negative. "JOHN PENN. " September 29th, 1770-" The Secretary then delivered the following Verbal Message from the Governor to the Assembly, in answer to their Remonstrance of yesterday, Viz'-: The Governor commands me to acquaint the House that will he take Care, agreeable to their Request, to represent the Matter set forth in their Remonstrance to His Excellency General Gage, as speedily as possible. Council Chamber, Saturday 1 o'Clock, P. M., September 29th, 1770. The Governor having received a Message from the Assembly re- questing to know when he would be pleased to pass the Bills which he had agreed to, and having appointed the present Time fur that Purpose, sent a Message to the House by the Secretary, requiring PROVINCIAL COUNCIL. 687 their Attendance in the Council Chamber, that the Bills which had received his Assent might be enacted into Laws. The whole House attended accordingly, and the Speaker presented to the Governor the four following Bills, which His Honor was pleased to enact into Laws, signed a Warrant for affixing the Great Seal thereto, and ap- pointed Sir. Tilghman and the Secretary to accompany two Mem- bers of Assembly to see them Sealed and deposited in the Rolls Office, Viz'-: " An Act for regulating Waggoners, Carters, Draymen, and Por- ters, within the City of Philadelphia, and for other Purposes therein mentioned." " An Act for the Regulation of Apprentices within this Province." " An Act to continue the Act entituled ' An Act for the opening and better amending and keeping in repair the Public Roads and Highways within this Province ;" and " An Act for the Support of the Government of this Province, and Payment of the Public Debts." The Speaker then presented to the Governor, on behalf of the House, an Order on the Provincial Treasurer for £1000, fur His Honor's Support for the present Year, for which the Governor thanked the House. " Bt/ the nonourahh JOHN PENN, Esquire, Lieutenant Gov- ernor and Commander-in- Chief of the Province of Pennaylvaniaf and Counties of Newcastle, Kent, and Sussex, on Delaioare : "A PROCLAMATION. " Whereas, it appears by the Deposition of John Pilip De Haas, Esquire, one of His Majesty's Justices of the Peace for the County of Lancaster, that a certain Lazarus Stewart, who, among others, stands charged with the Crime of Arson, was on the 15th day of last Month legally apprehended for the same, in virtue of a VV ar- rant issued for that Purpose by one of the Judges of the Supream Court of this Province : ^nd whereas, the said Stewart, in defiance of all Law and Authority, did, on the same Day, with the Assist- ance of a number of lawless People who joined him, rescue himself from the Custody of the Constable who arrested him, and not only beat the Constable with great Severity, but abused and threatened the said De Haas in the Execution of his Office as a Justice of the Peace, in the most insolent manner : "And whereas, it is highly expedient for the Preservation of the Public Peace, and enforcing a due Execution of the Laws, that the said Lazarus Stewart should be brought to Justice, as well for the Crime for which he was arrested, as for the daring Insult he has shewn to the Authority of Parliament ; I have, therefore, by and with the Advice of Council, thought fit to issue this Proclamation, hereby strictly charging and commanding all Judges, Justices, Sher- 688 MINUTES OF THE iffs, Constables, and other Officers, as well as all other His Majes- ty's Subjects within this Government, to make diligent Search and enquiry after the said Lazarus Stewart, and to use all lawful means for apprehending, securing, and bringing him to Justice. And as an Encouragement for that Purpose, I do hereby promise and engage that the public Reward of fifty Pounds shall be paid to any Person or Persons who shall apprehend and secure the said Lazarus Stewart in one of the Public Gaols of this Province, so that he be brought to his Trial, and proceeded against according to Law. " Given under my Hand and the Great Seal of the said Province, at Philadelphia, the third day of October, in the tenth Year of His Majesty's Keign, and in the Year of our Lord one thousand seven hundred and seventy. "JOHN PENN. " By His Honour's Command. "Joseph Shippen, J""- Secr^yJ^ "GOD SAVE THE KING." At a'Council held at Philadelphia on Thursday the 4th Octo- ber, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c^- William Logan, Benjamin Chew, 1 -j^ James Tilghman, | Jisquires. The Governor laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, Berks, Northampton, and New Castle, which being duly considered, the following Persons were appointed and Commissionated as Sheriffs and Coroners of their respective Counties, Viz*- : Judah Foulke, Sheriff, } Philadelphia City «&; Caleb Cash, Coroner, 3 County. Jesse Maris, Sheriff, ? pu ^ ^^ x Joseph Gibbons, Junior, Coroner, 3 ^' Joseph Ellicott, Sheriff, > -g^^^ p„. James Wallice, Coroner, 3 Jacob Shoemaker, Sheriff, ? t> i, tjo. Samuel Jackson, Coroner, 3 Peter Kachlein, Sheriff, ) isj.rthamnfnTi D^- William Ledlie, Coroner, | ^'^^*^^°'P'°° ^ Thomas Duff, Sheriff, 1 ^-r /-, ,1 tvo Henry Vining, Coroner, j ^^^ ^^'^^^ ^ PROVINCIAL COUNCIL. 689 Saturday the 6th of October, 1770. The Returns of the Sheriffs and Coroners for Lancaster, York, Kent, and Sussex Counties, being now made. The Governor ap pointed and Commissionated the following Persons as Sheriffs and Coroners for their respective Counties, Viz'- : Frederick Stone, Sheriff, ^ t * /-i » o 1 1, J ' r^ r Lancaster County Samuel Boyd, Coroner, 3 ^ George Eichelberger, Sheriff, ? y ^ J)" Joseph Adlum, Coroner, 3 James Caldwell, Sheriff', I -v ,. tv, John bmither. Coroner, ) Boaz Manlove, Sheriff, ? o ^ jy, lleese Wolfe, Coroner. A Conference was then held with several Munsey Indians. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c»- William Logan, ? -p , James Tilghman, 3 Meethara, the Munsey Chief, and ten other Men. John Kneebuckle, Interpreter. The Chief addressed himself to the Governor, and with a String of Wampum went through the usual Ceremony of wiping the Eyea, cleansing the Ears, and clearing the Throat, that the Governor might look on his Indian Brethren and hear well what they had to say, and might speak to them from his Heart, and then deliver- ed the String of Wampum. The Chief then continued as follows : " Brother : '' We are come from Welawanung, or the big Horn, where w<; keep a great Fire. When we came from the Horn, which is our Place of Residence, I perceived the Road was very dirty and nasty, my Brothers all Bloody, and Your Houses full of Blood and Filth I now sweep the Road quite clean and wash away all the Blood from your Bodies and Houses. " Brother : " There are a great many of my Brethren's Bones laying out of Doors, I see them every now and then scattered about in different Places ; I now collect them all together, and take them up, and carry them to a Place where no People have ever yet been. I see vol. IX. 690 MINUTES OF THE ^here a great Tree, which I now pull up by the Roots, and I put in jts Place all my Brethren's Bones, and bury them there, so that ihey may never be seen again, and that your Grand Children may never know where they are buried. A Belt of eight Rows. '• Brother : " There is something the Matter with your Heart ; it is all on one side ; I now make it as strait and as good as it used to be, when we talked good words at the great Treaty at Easton. A Belt of seven Rows. " Brother : " I now make the Road good by removing the Stumps and Stones, and I bend the great Trees down on one side, that the Road may always remain open, and there may be no more Uneasiness between us. A black and white Belt of seven Rows. " Brother : " I must now acquaint you with the Business of my coming to Philadelphia. '' I am just come from a Treaty lately held with the Indians by Sir William Johnson, which has occasioned my coming here at this Time. " Brother : " I must tell you that We are quite Poor, and that our young Men cannot walk so far as Philadelphia for such Things as they want, and therefore we want a Store Keeper and a Gun Smith to live among us at our Town, the big Horn, by whom we may be supplied with Blankets and other Cloaths, and that we may con- veniently get our Guns mended and repaired from Time to Time, and therefore, Brother, we request you will fix a Store and a Gun Smith there. A Belt of six Rows. " Brother : " I am to inform you that I do not come now to Pniladelphia of my own Accord; I am sent here by the Six Nations. Now, Broth- er, I fill your Pipe, and you must look towards our country j and when the Leaves come out in the Spring, or as soon as the Bark Peels, we and the Sis Nations will come here to see you and speak to you, for we have a great deal to say to you. ■*' Brother : " There was a Belt of Wampum sent up among us about a Year ago from Philadelphia, and we inform you that every thing has been done by us as you desired. " Brother : " I want to know at what Place we shall have a Treaty with you, There are two Fires ; one of them is here, and the other at Eas- ton. But we leave it to you to chuse where We shall meet you. A Belt of five Rows. PROVINCIAL COUNCIL. 691 ^' Brother : " I have now finislie^ what I had to say respecting the Business of my coining here ; but I am to inform you that thei'C are here among us a Cherokee Indian Man, his Wife and a Child, who are just come down the Susquehanna from Sir William Johnson's; and as they are desirous of returning home to their own country in the most ezpeditious manner, they request that the Governor will give them a Passport, that they may proceed to Carolina with Safety. Monday the 8th of October, 1770. The Return of Sheriff and Coroner from Cumberland County being now made, the Governor appointed and Commissionated David Hoge, & Sheriff, > ^^ ^^^ ^^.^ ^ VV lUiam Denny, Coroner, ^ ■' Council Chamber, MEMORANDUM, the 14th of October, 1770. ' A Committee of the Assembly waited on the Governor yesterday, and acquaiaterl him that, pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and having proceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that He might be presented for His Honor's Approbation. The Governor having appointed this forenoon at eleven o'clock for that Purpose, acquainted the House by the Secretary that he attended his Appointment in the Council Chamber, and was ready to receive the House with their Speaker. The Wliole House waited on the Governor, and presented Josfph Gallowai/, Esquire, as their Speaker, who after receiving the Go- vernor's Approbation, claimed the usual Priviledges in the Name and Behalf of the House ; to which the Governor replied that he thought those Priviledges inherent in a Representative Body, and he should be careful to protect the House therein. Tuesday, the 16th of October, 1770. The Governor ."cnt the following Message to the Assembly by the Secretary, who at the same Time laid before the House a Cop;^ ot an Indian Conference therein referred to. 692 MINUTES OF THE The Message follows in these Words, viz'- : " Gentlemen : " I have ordered the Secretary to lay before you a Conference I had on the sixth Instant with some Munsey Indians, charged with a Message from the six nations, informing me that they have a great deal to say to me, and requesting that I would hold a Treaty with them some Time next Spring. I have not been able to collect what particular Business they have to transact with us. Should it relate to matters which concern this Province only, and are not merely Objects of Negotiation between His Majesty and them, which, by the late Royal Regulations, fall within the Department of the Superintendants of Indian Affairs, Justice and good Policy, in my Opinion require, that we should comply with their Request in an Affair of such Importance, and which in its Consequences anay be attended with a considerable Expence to the Public. I .should be glad Gentlemen of your Advice and Assistance, and shall detain the Indians till I receive your Answer, which I request may be as soon as possible. " During my Administration I have often been put to great Difficulties for want of Money to defray the Expences of such In- .dians as have applied to me from Time to Time in the Recess of Assembly, and have sometimes been under the Necessity of detain- ing them longer than I should have done on that Account, which has greatly enhanced the Public Expence. I think it would be to the Honor, as well as Interest of the Province, that a permanent. JP'und should be established for this Purpose. I therefore earn- estly recommend this Matter to your Consideration, and hope you will make such Provision as you judge may be adequate to the Oc- casion, without Loss of Time. "JOHN PENN. "October 16th, 1770." Wednesday the 17th of October, 1770. Two Members of Assembly waited on the Governor and presented him a Message, which follows in these Words, viz'* : •" May it please your Honour : " The House taking into their serious Consideration your Honor's "Message of the 16th Instant, with the Minutes of Conference there- with sent by the Secretary, beg leave to remark that the House esteem it their Duty at all Times carefully to attend to the Com- plaints of Indians, and to apply every reasonable Means in their Power to keep them in good Temper and Harmony with this Gov- ernment. But, as it does not appear by the present Application for a Treaty with this Province what is the Cause thereof, nor is it PROVINCIAL COUNCIL. 693 made with such Certainty or with those Ceremonies usually attea- ding such Requisitions, We apprehend We should not at present be justifiable in burtheningour Constituents with the great Expenoe which would attend a public Treaty. We therefore beg leave to recommend it to your Honor to confer further with the Indians now in the City, and if they can inform you of any Complaints the six nations or any other Indians have against this Government, or of any other Motive to desire a Treaty with us, the House will, upou being acquainted therewith, duly consider the same, and afford to your Honor such Advice and Assistance as the Nature of such Complaints or Motives may require. With regard to your Honor's Recommendation that the House would provide a Fund to defray the Occasional Expences of Indians coming to this City during the Recess of Assembly, we are of Opinion that the establishing such a Fund may be attended with Inconveniencies, as thereby Numbers of Indians will be encouraged to pay frequent and unne- cessary Visits to Philadelphia, to the great Expence of the Province. And We look upon such an Establishment the more unnecessary as former Houses of Assembly have always chearfully discharged such Expences as have accrued upon like Occasions, and We pre- sume your Honor may confide in it, that this, and future Assem- blies, will readily defray any reasonable Charges that may be re- quired for such Purposes. "Signed by Order of the House, " JOSEPH GALLOWAY, SpmJcer. " October 17th, 1770." At a Council held at Philadelphia, on Friday 19th October, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, Benjamin Chew, } -p James Tilghman, \ ^^quires. This being the Day appointed by the Board for the further Con- sideration of the Return of the new Road from Schuylkill to Stras- burg, in Lancaster County, which was laid before them on the 26th of September last, there appetired at the Board, in cousequence of Notice given them by the Secretary, a Number of the Inhabitants of Chester County, who had preferred Petitions against the Con- firmation of it, and praying a Review, so that the Road might be altered, in order to accommodate them and others residing in' the most Southern Parts of that County. They then made their seve- ral Objections to the Road as laid out, some complaining that the Road, by running through their Lands, cut their Fields and Mead- 694 MINUTES OF THE 0W8 in such a Manner as would do them great Injury, and others asserting that a straiter and better Road might be laid out, leading in a direct Course from Strasburg to the Middle Ferry on Schuyl- kill, leaving the Ship Tavern on the Lancaster Road about four miles to the Northward, which would not only be more convenient for the People of Strasburg and other parts of Lancaster County, but also be of much greater Use and Benefit to those of Chester County in general. Several of the Persons appointed to lay out the new Road also attended the Board, and replied to the Objections which were made, and they represented to the Board that they had taken very great Pains to discover the best Grounds for the Road, so as to lay out the same as strait and level as the Nature of the Country would admit of, and to do as little Injury to individuals as possible, and that upon a careful Examination, they found the Country to the Southward of the laid out Road so broken and Hilly in many Places as not to admit of a strait and tolerable Road through the same. There being but a small Board met, it was judged proper to post- pone the further Consideration of this Matter till Saturday the tenth of November next. At a Council held at Philadelphia, on Saturday 20th Octo- ber, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. William Logan, _ Benjamin Chew, ? ggq^jres. James Tilghnuin, 5 The Munsey Indians who spoke to the Governor on the sixth of this Month, being desired to attend this Morning at the Governor's House to receive his Answer, Mcetham the Chief, and ten ovher In- dians, with Isaac Still, their Interpreter, appeared at the Board ac- cordingly, when the Governor spoke to them as follows, viz'-: " Brethren : "I am glad to see you here, and by this String of Wampum I bid you welcome, and wipe the Sweat and Dust from your Bodies, which you hav3 contracted in coming down on your Road here. I am now going to speak to you in answer to what you said to me a few Days ago, and by this String open your Ears and Eyes that you may see me clearly, and hear distinctly what I hifve to say to you. I also cleanse your Throats, that what I speak may have a free Passage to your Hearts. A String. I PROVINCIAL COUNCIL. 69^ *' Brethren : " You told me you were come from Welowanung, or the big Horn, where you live and keep a great Fire, and that as you came along you observed the Road to be much obstructed with Dirt and Nas- tincss, and very Bloody; that you swept all the Dirt and Filth away, and cleansed all the Blood from our Bodies and Houses. You also told me you savir a great many of our Brethren's Bones lying about on the Road in different Places; that you collected them together, and carried them out of the Road to a Place where no Person had ever been, and buried them under the Roots of a great Tree, so deep that neither any of us, nor our Children, nor Grand Children, may ever see them again or know where they were buried. , *' Brethren : " It gives me great Concern to think there should be any Blood or Bones of our Brethren or Friends lying scattered on the Road and unburicd at this Time ; I thought they had been buried long ago. I know I did every Thing oq my part to bury them, and to wipe away the Tears from the Eyes of their Relations and i'riends, and remove the Sorrow from their Hearts, by my Messages and Belts sent to Sir William Johnson on that Account, with a Quan- tity of Goods to cover their Graves, and I have been since informed it was regularly done, to the Satisfaction of all Relations and Friends concerned. I now heartily join my Hands with yours, and remove all the Blood from the Roads, and wipe all places clean that have been sprinkled or stained with it; and I collect together and bury all their JJones so deep under Ground that neither you, nor we, nor any of our Children, or Grand Children, may ever see them again or know they ever lay there. A Belt. " Brother : " You tell me there is some thing the Matter with my Heart ; that it lies all on one side; that you make it strait and good, as it used to be when we talked goods words together at the Treaty at Easton. *' Brethren : '' I am sorry you should think there is any thing wrong in mj Heart; I am afraid some evil Spirit has been whispering some thing that is not true in your Ears. Be assured my Heart is good and sound, and full of Love for all ray Brethren, the Indians ; It does not lie on one side, as you say, but in the middle of my Breast; I have nothing but good will for my Brethren, and you may always depend on this, that when my Mouth speaks good words to you. they always come from my Heart. A Belt. " Brethren : " I thank you for removing all the Stumps anl Stones from the Road between your Towns and this City, and for clearing awav the 696 MINUTES OF THE Bushes and every other Thing that Stopped it up. I do by thia Belt, jom you in making that Koad so clean that nothing shall re- main in it that can hurt the feet of any of my Brethren and Frienda when they travel it, and so clear that we may see each other from from our own Houses. A Belt. *' Brethren : " I am sensible of the great distance you now have to travel to trade and supply yourselves and your Families with Blankets and other Necessaries. Agreeable to your request, I will speak to and encourage some of my People to come and build a Store House among you, to supply you with every Thing you may want to buy, and to endeavour to get a Smith to go with him to mend your Guns. A Belt. " Brethren : *' You tell me you don't come down here of your own accord^ but that you are sent by the six Nations, and desire me to look towards your Country ; that you and the six Nations desire to come down next Spring, to see and talk with me ; that you have a great deal to say to me, and would be glad to know whether I should chuse to receive you here at our Council Fire or at Easton. " Brethren : " The Six Nation Indians and others of our friendly Indians, have been told by Sir William Johnson, that he and He alone, has a Commission and Order from our Great King on the other side of the great waters, to hold Treaties and confer with Indians, and that when they want to speak any Thing that is in their Hearts, he has told them they must come to him and speak first to him. " Brethren : " It will always give me Pleasure to see my Brethren, the In- dians, when they have any Thing in their Hearts to say to me, but S.S Sir William Johnson is appointed by the Great King to confer with all Indians to the Northward and Westward, I cannot now fix ■.my Time or Place to meet and confer with you in a Treaty till I have wrote to Sir William Johnson, and mentioned your desire to him. This I shall do immediately, and when I receive his An- Bwer I shall send a Messenger to you on Purpose ; In assurance of which I give you this Belt. A Belt. '* Brethren : " I thank you for the Care you took in delivering ray message and Belt sent you about a year ago, and to hear that every thing was done agreeably to my De?ire. PROVINCIAL COUNCIL. 697 " Brethren : " I desire you will inform our Brethren, the six Nation Indians, and others of our Friends, that I eloathed the Cherokee Indian and his wife and Child who came down with you, and sent them by Water to South Carolina, and gave him a Letter to the Governor there, desiring him to take Care of him, and send him the short- est and safest way to the Cherokee Town where he lived. This I did because it would be much easier and safer for him than to travel all the way by Land, through the several Governments, and I am assured the Governor of Carolina will take great care of him. A Belt. " Brethren : " You tell me you are poor and desire me to look on you as such, I have always been ready to assist my Brethren, the Indians, when they stand in need of my Help. I assure you Brethren, I am at present very poor myself. The Cloaths I generally give the Indians are all made on the other side the Great Waters. The Ships that bring them before Winter sets in are not yet arrived, so that there are very few Blankets or any Indian Goods iu this Town ; what few I could find in Town I have bought and now give you, and hope they will keep you warm this Winter, and desire you to accept them as a Mark of my Love and good will towards you." New Castle, Tuesday 23d of October, 1770. Three Members of Assembly waited on the Governor with a Message from the Mouse, acquainting him that they had met on the 20th of this Month, pursuant to the Charter and Laws of the Government, and had proceeded to chuse their Speaker, and desired to know when and where they should wait on him to present him for His Honour's Approbation ; and the Governor having answered that he should be ready to receive the House immediately, at Mrs. Clay's, they accordingly attended there and presented John Vining, Esquire, as their Speaker, who, after being approved by the Gov- ernor, claimed the usual Priviledges, which were allowed, and then they withdrew. Eodem Die. A Committee of the Assembly waited on the Governor and ac- quainted him that the House were duly qualified, and desired to know ir His Honour had any Business to lay before them ; to which the Governor replied that he had none at present. 608 ■ MINUTES OF THE Saturday, November od, 1770. The Assembly having sent up to the Governor for his perusal and Concurrence the four following Bills, they v?ere duly read and considered, and this day returned to the House by the Secretary, with the Governor's assent to the three first mentioned Bills, and a few small Amendments to the other; to which Amendments the House immediately acceded, Viz'- : " An Act to invest John Clayton with an exclusive Priviledge and Benefit of making and selling a Machine for threshing of Wheat, on a Model by him invented." *•' An Act for killing of Squirrels in the County of Kent." '' An Act obliging Persons returned and appointed for Constables to serve accordingly, and for ascertaining their Fees." " An Act for the more efi"ectual embanking, draining, and im- proving the Marsh, Cripple and low Laud on Herring Gut Branch, in little Creek Hundred, and County of Kent, upon Delaware, in the Tenure and Occupation of John Brinckle, Jonathan Osborn, and others." Three Members afterwards presented to the Governor another Bill for Concurrence, entituled " A Supplementary Act to an Act entituled 'An Act for regulating Elections, and ascertaining the Number of Members of Assembly,"' which being read, the Governor judged that he had not sulficient Time before the breaking up of the Assembly fully to consider it, and therefore sent a Verbal Mes- sage to the House by the Secretary, acquainting them that for that Reason he proposed to keep it iu his Hands, under Consideration, Hill the next sitting of the Assembly, as he knew it could be at- tended with no Disadvantage to the Public. At a Council held at Philadelphia on Wednesday 7th November, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- James Hamilton, Bcniamin Chew, } -r^ r fr-i 1 "^ > Esquires. J ames 1 ilghman, 3 The Governor laid before the Board a Transcript of a Record of the Conviction of George Allen for Horse Stealing, whereby it appears that at a Court of Oyer and Terminer and General Goal delivery, held at New Castle, for the County of New Castle, ou Monday the 15th day of October last, before John Vining, Richard McWilliams, Caisar Rodney and David Hall, Esquires, Justices of the Supreme Court and of the said Court of Oyer and Tetminer, the said George Allen was tried and convicted upon his own Con- PROVINCIAL COUNCIL. 699 fession, of feloniously stealing a Gelding, of the Value of fifteen Pounds, the Property of Robert Wallace, on the 18th of September last, and had received Sentence of Death for the same. The said Record being taken into Consideration, and the said Justices having recommended the said George Allen as an object of Mercy, The Governor was pleased to order that a Pardon should be made out, under the Great Seal of the lower Counties, and delivei-ed to him. By the Transcript of another Record of Conviction, laid also be- fore the Board, it appears that at a Court held for the Trial of Negroes at Philadelphia, for the City and County of Philadelphia, on the 24th day of October last, before George Bryan and James Biddle, Esquires, two of His Majesty's Justices, &c*' duly Com- missionated, with the Assistance of six substantial Freeholders of t'he said County, legally sworn and affirmed, a certain Negroe Will, the Slave of Luke Morris, of the said County, was tried and con- victed of Felony and Burglary committed on the 1st of March last, in the Mansion House of a certain Thomas Lee, in the said County of Philadelphia, and that the said Negroe had received Sentence of Death for the same. The Governor at the same Time, laid before the Board a Petition in behalf of the said Criminal, from his Master, and subscribed by the Justices and Freeholders before whom the said Negroe was tried and convicted, recommending him as a proper Object of Mercy. The Council taking the Matter into Consideration, advised the Gov- ernor to grant him a Pardon, on Condition that his Master should immediately transport him out of this Province, and give Security that he shall never again return into it. MEMORANDUM, The 8th of November, 1770. This day the Governor was pleased to appoint Phillips Kollock, Esquire, to the Offices of Clerk of the Orphans' Court for the County of Susses, and Ragister for the Probate of Wills, and granting Let- ters of Administration in and for the said County of Sussex, by two distinct separate Commissions, in the room of his Father, Jacob Kollock, Esquire, who resigned. At a Council held at Philadelphia, on Saturday the 10th of No- vember, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &€•*■ William Logan, Benjamin Chew, ) j; j^es. Richard Peters, James Tilghman, j ^ The Consideration of the Return and Survey of the new Road laid out from the Middle Ferry, on Schuylkill, to the Ship Tavern, 700 MINUTES OF THE on the Conestogoe Road, and thence to the Village of Strasburg, in the County of Lancaster, was this day resumed, when a Petition from divers Inhabitants of that County, and one from the Merch- ants and others of the City of Philadelphia, representing the use- fulness and necessity of that Road, and praying a confirmation of it, were presented to the Board and read. Several Inhabitants of Chester County, at the same Time attending at the Board, presented other Petitions, chiefly from'the People of that County, against the said Road, which were likewise read, and the Objections made by the Persons present were duly heard ; Whereupon, the Board, after full Consideration had of the several Matters contained in the Petitions, and the Declarations made by the Persons who were appointed to View and lay out the Road, were of Opinion that the same ought to be confirmed, And the said Road is accordingly, by the Board, ad- judged to be for ever hereafter a Public Road or King's High- way, and Ordered to be opened of the breadth of Sixty feet at least, • and to be recorded in the Council Book, as the Act of Assembly in that Case Directs. It is further Ordered, that the Supervisors of the Highways for the several Townships in the Counties of Philadelphia, Chester, and Lancaster, through which any part of the said Road leads, do, with all convenient Speed, cause the same to be cleai-ed and opened through their respective Townships, according to the Courses and Distances set forth in the said Return of Survey, which follows in these words. Viz'-: To the Honour able JOHN PENN, Esquire, Lieutenant Gover- nor, and Commander-in-Chief of the Province of Pennsyl- vania, and Counties of Newcastle , Kent, and Sussex, on Delaware, and to his Honourahle Council. Pursuant to the annexed Order, We, the Subscribers, having spent much Time in making search and viewing the Ground for a Road or King's Highway, as therein is directed. Do lay out a Road or King's Highway Irom the Middle Ferry on Schuylkill, to the sign of the Ship, on the Conestogoe Road, and from thence to the Village of Strasburg, as is above represented, and according to the following Description, Viz'- : Beginning at the West end of the said Middle Ferry Wharfe, thence North seventy Degrees, West four hundred and ninety two Perches to a marked black Oak, on the Brow of the Hill on the East side of Mill Creek; thence West thirteen Perches ; thence South seventy-two Degrees, West thirty- three Perches, crossing the said Creek, to a marked Hickory ; thence North eighty-two Degrees, West five hundred and sixty-three Perches to a White Oak on the South-East side of Cobb's Creek, which is the Line dividing the Counties of Philadelphia and Chester, at about three Perches from the same ; thence North fifty-six degrees and an half West, crossing the said Creek at about half a Perch PROVINCIAL COUNCIL. 701 below the present Bridge thirty-seven Perches, to a heap of Stones about three Perches South- West of a Water Course ; thence South eighty-three degrees, West one hundred and sixty Perches, to a White Oak, standing about fourteen Perches from the Southward most part of John Seliers's Mill Race; thence North seventy-three Degrees, West eleven hundred and forty-four Perches ; thence North sixty-nine degrees, West one hundred Perches; thence north sev- enty-four Degrees, West forty-eight Perches, to a small upright Rock, at about a Perch and an half south of a rocky point of a Hill ; thence North sixty degrees and an half. West twenty-four Perches to Darby Creek ; thence the last Course continued, fifty six Perches; thence North forty-six degrees. West forty-four Perches; thence North seventy-five degrees and an half. West ninety-six perches, to a Stone on a narrow Ridge opposite a Spring in John Morris's Field ; thence the last Course continued, four hundred and ninety- two Perches to a Black Oak in Newtown Road, on a narrow Ridge between two deep Hollows; thence North eighty-four degrees, West one hundred and eighty-six Perches, to a large English Cherry Tree, at the end of Richard Fouke's Lane ; thence North seventy eight degrees, West eighty seven Perches ; thence North' seventy degrees, West one hundred and fifty-three Perches, to the intersection of several Roads near Newtown School House ; thence South eighty- eight degrees. West three hundred and forty-eight Perches, to a Lane ; thence North eighty-five degrees, West one hundred and fifcy Perches, to a black Oak, in or near the Line dividing the Lauds of Nathan Lewis and William Rees; thence North sixty-nine degrees, West eighty-seven Perches, to a white Oak on the East Bank of Crumb Creek ; thence North seventy-eight degrees, West one hun- dred and sixty Perches ; thence on or near the old Road and a Line dividing the Lands of Francis Yarnall and Isaac Thomas, South eighty six and an half, West eighty Perches to a Chestnut Tree, a Corner of said Francis Yarnall's Land ; thence North seventy- four degrees and an half, West four hundred and sixteen Perches, to the upper part of a hollow opposite a Tan Yard ; thence North sixty-four degrees. West three hundred and fourteen Perches ; thence North eighty four degrees, West four hundred and five Perches, into an old Road opposite the House of Jesse Garret ; thence North seventy-six degrees and three quarters, West passing between the dwelling House and Spring House of Isaac Williams, twelve hun- dred and eighty Perches, to the Tree on which the sign of the Boot hangs, near the Tavern called the Boot; thence North seventy- three degrees, West one hundred, and thirty Perches, into the Old Road opposite the House of Lawrence Rice ; thence South eighty- nine degrees and an half. West four hundred and sixteen Perches ; thence South sixty-four degrees. West one hundred and forty-eight Perches; thence south Seventy-five degrees and an half, West two hundred and seventy Perches, to the Westwardmost end of a Row of Cherry Trees; thence South eighty -nine degrees, West seventy- 702 MINUTES OF THE two Perches, to Wilmington Road ; thence down the Valley Hill the four following Courses and Distances, Viz'-: North sixty-one degrees-, West ninety-two Perches ; thence North seventy-six de- grees, West seventy-two Perches; thence North sixty-eight De- grees, West forty Perches ; and thence North forty-eight degrees, West Sixty Perches, to the foot of the Valley Hill; thence South eighty-three degrees, West three hundred and forty-eight Perches, to Joshua Baldwin's Line; thence South eighty-seven degrees. West four hundred and eighty Perches, to Conestogo Road ; thence along the said Road, south, seventy-three degrees, West one hun- dred and sixty-four Perches, to the sign of the Ship ; thence South aeventy-one degrees, West three hundred and fifty-eight Perches ; thence South eighty-nine degrees, West two hundred and sixty-three Perches, to a black Oak, to the west of Thomas Pimm's Lane ; thence South seventy-seven degrees and three quarters, West five hundred and sixty Perches, to amarlied black Oak, at about twenty- eight feet South of Alexander Fleming's Public House ; thence the last mentioned Course continued two hundred and fourteen Perches to a Spanish Oak ; thence South sixty-eight degrees. West fifty-two Perches, to a marked black Oak on the West branch of Brandywine; thence South sixty-six degrees and three quarters, West eighty Perches; thence South sixty-nine degrees and an half, west one hundred and twenty Perches ; thence South seventy-eight degrees and an half, West two hundred and eighty Perches, to a Orab Tree ; thence South seventy-two degrees and three-quarters, West three hundred and eight Perches, to a marked Ash by a Spring ; fchence South seventy-eight degrees. West two hundred and twenty Perches, to Wilmington Road ; thence North seventy-eight degrees, West two hundred and forty Perches, to a Branch of Buck Run ; thence South seventy-nine degrees, West one hundred and eighteen Perches, into the old Road opposite a Store House near Thomas Trueman's House ; thence South eighty-four degrees. West two hundred and sixty-two Perches, into Marshe's Lane, to the Westward of the Barn ; thence up the Valley Hill, North seventy-two and an half degrees. West two hundred and ninety-eight Perches, to an Old House of John Boggs ; thence North seventy-four de- grees. West three hundred and sixty-eight Perches, near the Head of a Hollow, a little to the Westward of a Lane, on a Line dividing the Lands of William Mooi^e and William Powell, thence North seventy-nine degrees, West fJve hundred and twenty Perches, to a niarked Ash ; thence North sixty degrees, West three hundred and one Perches, opposite to the Head of a Spring, near Samuel Syraonds's House ; thence North seventy-two degrees and an half, West two hundred and sixty-two Perches, to opposite the Bast end of the Sheds belonging to the Gap Tayern ; thence North fifty-five degrees. West ten Perches, to opposite the Front door of the said Tavern; thence North thirty-five degrees. West seventy- four Perches, to a Stake twenty-seven feet West of a Stone Spring PROVINCIAL COUNCIL. 70S House; thence North eleven and an half degrees, West eleven Perches, to a marked Spanish Oak; thence North eighty-nine de- grees, West twenty-three hundred and thirty-eight Perches, to a Stake ; thence South eighty-eight degrees, West two hundred and nineteen Perches, to a white Oak at the East end of Strasburg street ; thence by the said street North seventy-two degrees, West forty- nine Perches, to a Stone, and thence North eighty-four degrees fifty- Minutes, West one hundred and eighty Perches, to a Stone in the intersection of the said street, with a Koad leading to Lancaster, Which Road, if properly opened and well made, will be of great Utility and Advantage to the City of Philadelphia, as well as to the Inhabitants of this Province to the Westward, it being much shorter and on better Ground thaiti the old Conestogo Road, besides suiting a number of People to the South of the old Road, who now have no convenient Road to the said City. "JOHN MORTON, "JOHN SELLERS, "JAMES WEBB, "JOSEPH FOX, "JACOB LEWIS, "DAN^ WILLIAMS. "August 15th, 1770." At a Council held at Philadelphia, on Tuesday 11th December, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Richard Peters, Benjamin Chew, ") ^ James Tilghman, } ^ The Governor laid before the Board A Petition from divers In- habitants of Philadelphia, Bucks, and Northampton Counties, setting forth, " that about fifteen years ago Petitions were exhibited to the respective Courts of Quarter Sessions of the said Counties of Phila- delphia and Bucks, praying that a Road might be laid out on the Line dividing the said Counties, to be begun in a Road formerly called Chamberlain's Mill Road, and to extend thence North West along the said Line to the new great Swamp Road ; that the Courts accordingly appointed Men to view, and if the Ground would admit, and they saw it necessary, to lay out the same ; that the viewers met, and being unanimously of Opinion that a Road in that Place was both necessary and practicable, laid out the same according to the desire of the Petitioners, but that upon some Doubts arising about the Legality or Propriety of the Proceedings, the Matter was discontinued and no confirmation obtained; and that as the Peti- 704 MINUTES OF THE tioners are of Opinion such a Road is still wanted, and that it ought to be extended both higher and lower, they most humbly pray the Governor and Council would be pleased to appoint Men to view and lay out the same, beginning in a Koad leading from Wright's Town to Bibury, and to extend thence on or as near the Line aforesaid as may be, to another great Road commonly called the Macungy Road, (near Michael Hurfocker's), or so much thereof as may appear ne- cessary and Convenient." The Board taking the said Petition into consideration, do order and appoint John Bull and Evan Thomas, Esquires, and Joshua Morris, of Philadelphia County, and Joseph Kirkbride, Thomas Barnsley, and John Kidd, Esquires, of Bucks County, to view the Grounds, and if they, or any four of them, think the Road petitioned for necessary for the Public, to lay out the same in the manner they, or any four of them, shall judge will be most advantageous for the Public Service, and least injurious to Private Persons through whose Lands the same may pass, and to make Report thereof to the Governor and Council, on or before the first day of June next, for their further Consideration, that they may do therein what shall ap- pear most for the public Benefit. It being represented to the Board that a Commission is wanted for the Trial of Negroes in (Cumberland County, the Governor, with the advice of the Board, ordered one to be issued, appointing John Armstrong and John Byers, Esquires, Justices for holding Courts in that County for the Trial of Negroes, according to Law. At a Council held at Philadelphia, on Wednesday 12th De- cember, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c^- James Hamilton, Richard Peters, Joseph Turner, Benjamin Chew, uosepu 1 uruer, x>euja.miri v^uew, lEsquireS. William Logan, Thomas Cadwalader, [ ^ James Tilghman, J Pursuant to the Summons wrote by the Secretary to all the Mem- bers of Council by the Governor's Command, requesting their At- tendance this Morning for the Election of some new Members, the Board met, and His Honor acquainted them that there were now two vacant Seats in the Council, which he thought necessary to be filled up, and therefore proposed Andrew Allen and Edward Ship- pen, Junior, Esquires, as Persons well qualified to serve as Mem- bers of Council, who were unanimously approved of by the Board. It is, therefore. Ordered that those Gentlemen have Notice given them hereof by the Secretary, and that they be summoned to attend PROVINCIAL COUNCIL. 705 at the next meeting of Council, in order to take the usual Qualifi- cations, and be admitted to their Seats at this Board. At a Council held at Philadelphia, on Monday 24th December, 1770. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor,, Ac- Richard Peters, ? t-i • T rr-i u l Jiisquires. James lilghman, ^ ^ Andrew Allen and Edward Shippen, Junior, Esquires, having been summoned to attend the Council this Day, appeared at the Board, and took and subscribed the usual Oaths and Declarations enjoined by Law, and also an Oath for the faithful discharge of their Duty as Members of the Proprietary and Governor's Council, and were admitted to their Seats accordingly. One of the Members represented to the Board that a new Com- mission for the trial of Negroes was wanted in Chester County, it being a Matter of some doubt whether the present Commissioa is not superseded by the issuing of the late General Commissioa of the Peace. The Governor, therefore, with the advice of the Board, judged it proper, in Order to remove such Doubt, to issue a new Commission, appointing John Morton and William Parker, Esqures, Justices for holding Courts for the trial of Negroes in the said County, according to Law. MEMORANDUM. The 8th of January, 1771. Two iMembers of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to Adjournment, and therefore requested to know if His Honour had any Business ta recommend to them, to which the Governor replied that he had none at present. At a Council held at Philadelphia, on Thursday 24th January, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c*- Benjamin Chew, Andrew Allen, ? ^ Edward Shippen, 5 ^^^q^'irea.. The Governor laid before the Board for their (/onsideration a Letter which he received by the last Packet from the Right Hon- VOL. IX. — 45, 766 MINUTES OF THE orable the Earl of Hillsborough, His Majesty's Secretary of State for the American Department, dated the 15th of November, 1770, inclosing an Extract of a Letter from Sir William Johnson, and of a Conference held by him last Summer with the six Nations, which were severally read, and the said Letter follows in these Words, Viz': " (Circular). " Whitehall, 15th November, 1770. "Sir: "The inclosed extract of a Letter I have very lately received from Sir William Johnson, will fully inform you of the complaints made by the six Nations of Indians, and their Allies and Confede- rates, at a Congress held in July last, at the German Flatts, of the abuses and Violences committed by the Traders and Frontier Inha- bitants of several of His Majesty's Colonies, and the enclosed ex- tract of the Conferences will point out to you how earnest the In- dians have been in those Complaints, and what is likely to happen if they are not redressed. " After the King had thought fit, from a Regard to the Claims and Opinions of the Colonies, to leave it to them to make such regu- lations concerning the Indian Commerce as they judged proper, there was good reason to hope that a Matter on which their Interest and Safety do so much depend, would have been an immediate Ob- ject of their Serious deliberation ; but as, contrary to all expecta- tion, nothing effectual appears yet to have been done, and as the Indians have, in the strongest Manner, expressed their impatience under the Abuses to which they are constantly exposed, the King has commanded me to signify his Pleasure that you should without delay, represent this Matter in the Strongest Manner to the As- eembly of the Colony under your Government, and urge them, in Hie Majesty's Name, to fall upon some Means of putting Indian Affairs under such regulation as may have the Effect to prevent those Abuses of the Trade, and those Violences and encroachments of the Frontier Inhabitants, which the Indians so justly complain of. " I am, Sir, " Your most obedient humble Servant, "HILLSBOROUGH." " Deputy Governor of Pennsylvania." The Board having taken the said Letters, &c° • into consideration^ were of Opinion that the Contents of the Secretary of State's Let- ter should be communicated to the Assembly by a Message, and its inclosures laid before them : and that the Governor should recom- PROVINCIAL COUNCIL. 707 mend it to them in the strongest Manner, to take the most effectual Measures for complying with His Majesty's Pleasure therein signi- fied. And it was agreed that a Draft of a Message should be accord- ingly prepared, to be laid before the Board at their nest Meeting. MEMORANDUiM, the 25th of January, 1771. The Governor having received information that a Commission is wanted in the County of New Castle, for the trial of Negroes, (as one of the Gentlemen named in the last Negroe Commission for that County has since been created a Justice of the Supream Court and of the (Jourt of Oyer and Terminer), his Honour this day issued one, appointing Even Rice and David Finney, Esquires, Justices for holding Courts in that County for the trial of Negroe and Mu- latto Slaves, according to Law. At a Council held at Philadelphia on Monday 28th January, 1771. present: The Honourable JOHN PENN, Esquire, Lieutenant Governor, Ac- Benjamin Chew, James Tilghman, ) Lynford Lardner, Andrew Allen, V Esquires. Edward Shippen, Junior, ) The Governor laid before the Board four Bills sent up by the House for his Concurrence, entituled as follows, viz*-: " A Supplement to the Act entituled ' An Act for the better regu- lation of Servants within this Province and Territories.'" " A Supplement to the Act entituled ' An Act for erecting part of the Counties of Philadelphia, Chester and Lancaster, into a sepa- rate County.'" ** An Act to prevent the Destruction of Rock Fish and Oysters;" and " An Act to regulate the Fishery in the River Schuylkill," which •were severally read and considered, and the Secretary was directed to return the same to the Assembly, with three small amendments which were made to the first mentioned Bill, and a Verbal Message to the House that the Governor gave his Assent to the other three. The Draft of a Message to the Assembly, on the subject of the Earl of Hillsborough's Letter of the 15th of November last, being prepared, was laid before the Board and approved, and the Secre- tary was directed to transcribe the same, and delivered it to the Assembly this Afternoon, with the Papers it refers to. The said Message follows in these Words, Viz'-: 708 MINUTES OF THE A Message from the Governor to the Assembly. " Gentlemen : " In obedience to His Majesty's Commands lately signified to me by the Earl of Hillsborough, I am now to acquaint you that at a Congress held at the German Flatts in July last, by Sir William Johnson, with the Six Nations, their Confederates and Allies, they loudly complained of Abuses and Violences committed by the Tra- ders and frontier Inhabitants of the Colonies, strongly intimating that unless they are speedily redressed, and effectual Measures taken in future to prevent the like mischiefs, it will be impossible to restrain their young Men and Warriors from Acts of Revenge. *'I have ordered the Secretary to lay before you an Extract of one of the Conferences at the Congress, and of Sir William's Letter to the Earl of Hillsborough on this Subject, he transmitted me by his Lordship, which will make known to you the particulars of the Indian Complaints. '' You must be sensible Gentlemen, that the cultivating a lasting Friendship with the Indians, and the conciliating their Affections by all possible Means, are objects of the greatest Importance to His Majesty's Interest in General, and the Peace and Welfare of the Colonies in particular, *' Motives of Justice and good Policy alone would, I am persua- ded, incline you to take this Matter into your most serious Consid- eration. But when you are informed that his Majesty has been pleased expressly to Order me without Delay, to represent it to you in the strongest Manner, and urge you in his Name to fall on some Means of putting Indian Affairs under such regulations as may have the, Effect to prevent the Abuses of the Trade, and those Violences and Encroachments of the frontier Inhabitants which the Indians so justly complain of, you will, I make no doubt, hold your- selves bound by the Ties of Duty and Respect to your Sovereign, to give this Business the first Place in your Deliberations. "JOHN PENN. " January 28th, 1771." At a Council held at Philadelphia, on Saturday 2d February^ PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, Andrew Allen, -p James Tilghman, Edward Shippen, Junior. -"Squires. The Governor laid before the Board a written Message he just BOW received from the Assembly by two Members which was xead, and follows in these words, Viz'- : PROVINCIAL COUNCIL. W A Message to the Governor from the Assembly. '' May it please your Honour : " We have taken into consideration your Message of Monday last, with the Papers therein referred to, and have paid the strict- est Attention, as it was our Duty, to the Representation made to us in the Name of our gracious Sovereign. " We are extremely sensible of how great Importance it is to His Majesty's Interest, and the Peace and Welfare of the Colonies, to Cultivate a lasting Peace with the Indians, and to conciliate their AflFections, and are very desirous of giving all the Assistance we can for promoting Purposes of such extensive Consequence, but we have too much Reason to be convinced, that our Power on this Occasion is not equal to our Zeal for His Majesty's Service, and for the Tranquility of the Colonies. " A Law was made in this Province many years ago, to pre- vent those particular 'Abuses in the Trade,' which are men- tioned in Sir Vv^illiam Johnson's Letter to the Earl of Hillsborough. The Regulations therein contained, are so prudently formed and so severely enforced, that we are inclined to believe it will be impos- sible for us, without the Concurrence of the other Colonies in some general Plan, to pursue any Mode that will prove effectual on this Head. " Numbers of very profiigate Persons from several Provinces go amongst the Indians to trade, and as they traffick through the whole Country without Restraint, and may elude the Laws of the Go- vernment to which they belong by retiring into another, Difficul- ties arise in detecting and convicting Offenders, that We apprehend cannot be removed but by the Method proposed in your Honor's Message to the last House of Assembly, recommending to them to frame a Bill for appointing Commissioners to meet with other Com- missioners of the neighboring Colonies, to form and agree on a general Plan for the Regulation of the Indian Trade, with which they complied ; but as a Meeting of those Commissioners has not hitherto been had, the desired effect has not yet been attained. '* As to the ' Violences' in general, complained of by the Indians in the Congress at the G-ermaa Flats, we beg leave to observe that this Province has ever been careful to remove every Cause of In- dian Complaints. " In the eighth Year of the present Reign this Province granted three thousand Pounds ' for defraying the Expence of Presents of Condolance, and such other Gift^ as should be necessary to remove the Discontents of the Indians.' Much the greater Part of this Sum was remitted to Sir William Johnson and his Deputy, George Croghan, E.squire, and the whole expended for those purposes. The Indians, on these Presents being made, expressed themselves en- tirely satisfied for all the Injuries they had received from the People of Pennsylvania. The Laws now subsisting have fully provided 710 MINUTES OF THE for the Punishment of those who shall hereafter offer any Outrages within the Limits of this Province. " With respect to the last Subject of the Complaints made by the Indians concerning 'Encroachments of the Frontier Inhabi- tants ' on their Lands, we beg leave to remind Your Honour that the year before last An Act of General Assembly was passed, imposing heavy Penalties on Persons who should presume to settle, make Surveys, or cut down Trees on any Lands within the Boun- daries of this Province, not purchased of the Indians, Provision having been made in the Reign of the late King to prevent any Persons even from Hunting on such Lauds "Motives of '' Duty," "Justice," and " Policy," will ever induce us to take all proper Means for redressing the Greivances of In- dians, and establishing an Intercourse with them on Terms that may produce a permanent and mutually benefical Harmony. "If your Honour can point out any Measures likely to answer this good End, that have not occurred to us, we shall cheerfully and immediately unite with you to carry them into Execution. " Signed by order of the House. " JOS. GALLOWAY, Speaker. "February 1st, 1771." Then were laid before the Board and read, the Depositions af Aaron Vancampen and Peter Kachlein, the Sheriff of Northamp- ton County, and sundry other Depositions, Examinations, and Let- ters, relative to the apprehending Lazarus Stewart, the particulars of his Escape, and afterward his violent Proceedings with a Number of People from Lancaster County, who had joined him in taking for- cible Possession of the Lands at Wyoming ; their cruel and inhu- man Treatment of the People whom they had dispossessed, and Stewart's Opposition to the Sheriff of Northampton, who went there to execute a Writ and Warrant against him, and some of his Accomplices, together with his treacherous Murder of Nathan Og- den, who was one of the Sheriff's Posse. Aaron Vancampen and Peter Kachlein's Depositions follow, in these Words, Viz'-: " Aaron Vancampen, of the County of Northampton, Farmer, aged fifty years, or thereabouts, beiug sworn on the Holy Evan- gels, deposeth and saith : " That He is one of those who attended the Civil Offcers at Wyoming, when the New England People were taken Prisoners there, in the Month of September last, and remained there in the Buildings commonly called the P'ort, with many others who held iinder the Proprietaries of Pennsylvania, till the eighteenth day of December last, as this Deponent remembers, when about three o'clock in the Morning, the People in the Fort being a-bed, the Fort was entered by a Body of Men from Hanover, in Lancaster County, armed with Guns and Clubs, and commanded by PROVINCIAL COUNCIL. 711 Lazarus Stewart; that they upon entering the F'^rt huzxa'd for the Hanoverians and King George, and immediately pro- ceeded to break open the Doors of the Houses of the Fort; that they broke open the Deponent's Door, took him Pris- oner, beat and abused him most unmercifully, and put him as a Prisoner under Guard ; that they then proceeded in the same Man- ner through the Fort, breaking open Doors, beating and abusing the People, and making them Prisoners; that they then ordered the People within the Fort to depart immediately, and would scarcely give them Time to collect a small part of their Efi'eets to take with ihem ; that there were within the Fort when thus attacked, eighteen Men, six of whom made their escape, and twelve were made Pri- soners, and a considerable Number of Women and Children, who were all driven out of the Fort by the said Lazaius Stewart and Company, in a cruel and inhuman Manner; that there were of thig Company who took the Fort, twenty-three Hanoverians, and six New Englanders ; that the Deponent knows the Names only of La- zarus Stewart, John Simpson, John Robinson, Thomas Robinson, and Robert Frazier, of the Hanoverians ; and Littleton, Elijah Gore, Nathaniel Gore, Thomas Rennet, and Rennet, a Rrother of the said Thomas, of the New Englanders ; that the Evening before the Fort was taken, Major Draper, who the Depo- nent understood had lately been confined in Philadelphia Gaol, being one of the Prisoners taken at Wyoming in September, came to Wyoming, and the next Morning joined the Hanoverian Party in the Fort; that they took away the Guns from our People, and re- fused to return them, saying it was War fashion to keep the Arms; that the Deponent, in a Day or two after, as soon as he was able to travel, left Wyoming with his Family, and what little Effects he could take with him, and went over to Delaware, and further the De- ponent saith not. "AARON VAN CAMPEN " Sworn to the 11th day of January, 1771, before me, " THO'- WILLING " *' Philadeljihia, to wit: "Peter Kachlein, Esquire, Sheriff of Northampton County, makes Oath on the holy Evangels of Almighty God, that soon after last December Court at P]aston, he received a Writ, issuing out of the Court of General Quarter Sessions of the Peace of the said County, commanding him to take Lazarus Stewart, Lazarus Stewart the younger, James Stewart, John Simpson, Thomas Robinson, James Robinson, Silas Gore, Asa Luttington, Peter Kidd, Isaac Warner, Partial Terry, William Young, Thomas Rennet, and divers other Persons therein named, to answer to a certain Rill of Indict- ment for a Riot there found, and depending against them, which 712 MINUTES OF THE Writ was teturnaWe at the Court in March next ; and shortly after received a Wan ant from the Honorable Thnmas Willing, Esquire, one of His Majesty's Judges of the Supreara Court of this Province, bearing date the eleventh day of January Instant, for apprehending Lazarus Stewart, John Simpson, John Robinson, Thomas Robinson, Asa Littleton, Elijah Gore, Daniel Gore, Thomas Rennet, and Joshua Eennet, to answer the Charge mentioned in the said Warrant; that Ijeing informed many of the Persons named in the said Writ and Warrant were at a Fort at Wyoming, in the said County, and threatened all Officers of Government, and set the Laws at defiance, he raised a Posse of the said County, to aid him in the Execution of the said Writ and Warrant, and proceeded with them to Wyoming aforesaid, where he arrived on the eighteenth day of January instant j that the next Morning, taking with him two of the Posse, and leaving the rest at some Distance, he advanced towards the said Fort, and having got within Gun-shot, was called to from the Fort, and ordered to stop, with threats of being fired at if he refused ; whereupon, alight- ing from his Horse, he walked quietly up to the Gate of the Fort, and addressing himself to two Men who were within side, desired Admit- tance, which they refused ; that he told them he was the Sheriff of that County, and had a W^rit and a Warrant to apprehend some Persons, who, he was informed, were within the Fort, and demanded en- trance, that he might execute the King's Process; that they pre- sented their Guns at him, and threatened to shoot him if he ad- vanced further, but told him he might walk round to the other side of the P'ort and speak with Captain Stewart, (meaning Lazarus Stewart), who was at the Gentry Box ; that the Deponent accord- ingly went there, and applying himself to the said Stewart, wha was one of the Persons named in the said Writ, and also in the Warrant, told him he was Sheriff of the said County, and had the King's Writ and Warrant to apprehend some Persons who were in the Houses, within the said Fort, and desired he might have En- trance to execute the said Process; That the said Stewart, in an- swer, said to him, *I know what my Doom is if you take me; I have sent down a Man to the Governor, and shall wait his answer, which I don't expect these three W^eeks ; If the Governor will forgive me all my past Crimes, and give me some Land, I'll surrender myself, otherwise I'll fight it out as long as I have a drop of Blood left in my Body,' or words to that Effect ; that he then ordered this Depo- nent to depart, on Peril of his Life, at the same Time presenting a Gun towards him ; that the Deponent told him he would give him Time to consider better of the Matter, and retired ; that the Depo- nent had several other Conversations with the said Stewart, on that and the succeeding day, in which he represented to him that he came there to do his Duty as Sheriff, and not to kill or hurt any one, and shewing him the said W^arrant, and reading part of it to him, used all the Arguments he could to dissuade the said Stewart from opposing him in the Execution of his Office ; that the said Stewart PROVINCIAL COUNCIL. 713 and most of his Party obstinately persisted in their Eesolution to oppose him, and frequently threatened to fire on the Deponent and his Assistants ; that the Deponent still entertained hopes of gaining admission peaceably into the said Fort, as some few of the said Stewart's Party seemed well disposed, and he hoped might prevail on the rest ; he, therefore, continued treating with them until Mon- day Morning about eight or nine O'Clock, when Nathan Ogden, one of the Deponent's Posse, whom he had summoned to assist him, going up to the Fort to talk with said Stewart upon the said Stew- art's own Appointment, as the said Ogden told this Deponent, was fired at from the said Fort and mortally wounded, of which Wound he died in a few Minutes, and immediately thereupon a number of Guns, between thirty and forty, were discharged at some of the De- ponent's Assistants, who, to the Number of about twenty, were scattered about near the Fort, all unarmed, and most of them, at the very Time, talking peaceably to the People in the Fort, by which Time three of them, to wit: George Dull, Thomas Jennings, and John Murphy, were wounded ; that they continued firing from the Fort all that day at every Person that appeared within reach of their Guns, and in the Evening the said Stewart, with about forty of his Party, secretly abandoned the Fort and withdraw into the Woods, leaving in the Fort twelve Men who refused to go with them, and who surrendered themselves to the Deponent. "PETEFt KACHLEIN. ''Sworn before me, this 31st of January, 1771. *' Will. Allen, Chief Justice." The Board taking the several Matters contained in the above Depositions, &c"' into their serious Consideration, advised the Gov- ernor to represent them in a Message to the Assembly, and recom- mend it to them to cooparate with him in bringing Lazarus Stew- art and the other Offenders, his Accomplices, to Justice. A Draft of a Message was accordingly prepared at the Board, and being ap- proved, was ordered to be fairly transcribed and carried by the Secretary to the Assembly, as soon as they should meet the begin- ning of next Week, together with the several Depositions and other Papers to which it refers. The said Message follows in these Words, vizt : " Gentlemen : " I think it proper to inform you that, with the Concurrence of the late House of Assembly, I issued in the Month of October last, a Proclamation, offering a Reward of fifty Pounds to any Person who should apprehend Lazarus Stewart of Lancaster County, for certain Crimes with which he stood charged, and deliver him up to Justice ; and tbat he was taken upon that Proclamation, and de- livered into the Custody of the Sheriff of York County, from whom he made his escape. 714 MINUTES OF THE " I have enquired into the Conduct of the Sheriff on that Occa- sion, and though it does not appear to me that he was in any way consenting or Privy to the Escape, the Conduct of those to whom he entrusted the Care of the Prisoner on tiieirway to Philadelphia, (while he himself retired to rest, being much indisposed), is not altogether free from Suspicion. The Secretary will lay before you a Letter I received from Mr. Samuel Johnston, to which, and the Information of the York Members, I refer you for a more particu- lar Account of this Affair. " I am also to acquaint you that the same Lazarus Stewart, far from being awed by the Proceedings of Government against him, has since his Escape put himself at the Head of a Number of Peo- ple of his Neighbourhood, of the same lawless Disposition with him- self, and with an armed Force, has taken Possession of the Lands at Wyoming, turning off from thence the People in Possession, and treating them in the most inhuman and barbarous Manner. Com- plaint being made, (supported by Affidavit), to one of the Supreme Judges of this Violent proceeding, he issued his Warrant, directed to all Sheriffs and Officers of Justice to apprehend the said Stewart and some of his Accomplices, and the Sheriff of Northampton, in obedience thereto, and in Consequence of a Writ which issued out of the Court of Quarter Sessions of that County for taking the said Stewart and many others, to answer an Indictment there found and depending against them for a former Riot, raised the Posse, and going to Wyoming, where the said Stewart and many others had shut themselves up in a Fort, he took the legal and proper steps to execute the King's Writ and Warrant. But the said Stewart and his Associates, setting themselves above all Law, refused him Ad- mittance, stood on their Defence with Arras in their Hands, threa- tened to put to Death the Sheriff and his Party, and in the End, in cool Blood, and in the most treacherous Manner, murthered Nathan Ogden, one of the Posse, who came to the Fort to parley with them in a friendly Way at their own Request, and wounded several others. And on the same day, in the Dusk of the Evening, the said Stew- art and his Company made their Escape from the Fort. The sev- eral Depositions and Papers which prove the above stated Facts, I have ordered the Secretary to lay before you. " The Necessity of pursuing these daring offenders, as well as the dangerous Tendency of such licentious and violent Proceedings, are my Inducements to recommend these Matters in the warmest man- ner to your Consideration, in order that you may co-operate with me in such measures as may not only bring the Criminals to Speedy Justice, but also put a Stop to that ungovernable spirit which is too prevalent in many parts of our back Settlements, and which loudly call for Laws more severe than those already in being. ''JOHN PENN. " February 4th, 1771." PROVINCIAL COUNCIL. 715 At a Council held at Philadelphia, on Saturday the 9th of Feb- ruary, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, ) ^ ij.es James Tilghman, J ^ The Governor laid before the Board a Message he received yes- terday from the Assembly, which was read, and follows in these Words, Viz'- "May it Please your Honour: " Having considered your Message of Tuesday last, with the Pa- pers therein referred to, we are extremely concerned to hear that so heinous and dangerous an offender as Lazarus Stewart, has found means to elude the Execution of Justice for his former Crimes, and thereby has procured an Opportunity of adding to his Guilt by com- mitting the late horrid Murder at Wyoming; and we hope your Honour will order the strictest enquiry to be made into the Conduct of those who had the Custody of the Prisoner. '' This recent Instance recalls to our Memory so many of the same kind in our back Counties, where Miscreants who have at once stained themselves with Sins of the deepest Dye, and have of- fered the highest Insults to Administration, have escaped with Im- punity, that we fear, unless some more successful Method of secur- ing Criminals can be devised, to deserve signal Punishment, and to escape it, in some parts of this Province, will become equally com- mon. " The outrages arising from the Confederacy of so many despe- rate Ruffians, who have at length perpetrated " in a most treacherous Manner," and with an audacious contempt of Government, the Murder of a Person acting in obedience to the Laws, too plainly evince the dangerous Tendency of such licentious Proceedings, and the Necessity of pursuing these daring offenders. " We therefore request the Governor to issue a Proclamation, of- fering a Reward of three hundred Pounds to any Person or Persons who shall apprehend the said Lazarus Stewart, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol of the said County; and a Reward of Fifty Pounds for ap- prehending and delivering to the said Sheriff in the same Place, each of these, his Accomplices, James Stewart, William Stewart, John Simpson, William Speedy, William Young, John McDaniel (alias Uonnel), and Richard Cook. "So desirous are we of giving all the Aid in our Power for pun- ishing such atrocious Violators of divine and human Laws, vindica- ting the Honor of this Province, and securing the Public Tranquility, that we shall immediataly proceed to those further Measures we 716 MINUTES OF THE judge to be most effectual for ' putting a stop to that ungovernable Spirit which is too prevalent in many Parts of our back Settlements.' " Signed by Order of the House. "JOSEPH GALLOWAY, -Spea/cer " February 8th, 1771." The Secretary having prepared a Proclamation by the Governor's Directions, offering a Howard of three hundred Pounds for apprehend- ing and securing Lazarus Stewart, and a Reward of fifty Pounds each for seven of his accomplices in the late outrages and Murder perpe- trate'd at Wyoming, the same was laid before Board, and after a few Alterations were made thereto, was approved and ordered to be published in the several News Papers, and three hundred Copies of it printed and dispersed through the Province. The Proclama- tion was immediately issued, and follows in these Words, Viz'- : " By the Honourahle JOHN PENN, Esquire, Lieutenant Gover- nor and Commander-in-Chief of the Province of Pennsi/lvania, and Counties of New- Castle, Kent, and Sussex, on Delaware. "A PROCLAMATION. "Whereas, it appears by the Depositions and Examinations, that a certain Lazarus Stewart (who was some Time since appre- hended for a Capital Crime with which he stood charged, and after- wards made his Escape), being joined by a Number of other lawless People from Hanover, in Lancaster County, and other Places, armed with Guns and Clubs, proceeded in an hostile Manner to Wyoming, where a Number of Families were seated by Authority of this Government, and on the eighteenth day of December last, in open defiance of Law, they violently broke open the Doors of their Houses in the Night Time, and beat and abused them in the most inhuman and cruel Manner, turning all the Men, Women and Children out of Doors, and then took Possession themselves of the Houses, where they afterwards remained. " ,^nd Whereas, it further appears from the aforesaid Deposi- tions, that the Sheriff of Northampton having raised the Posse of the County, proceeded, on the eighteenth of January last, to Wyo- ming, in order to execute the King's Writ and Warrant against the said Stewart and some of his Associates, who had there shut them- selves up in a Fort; and that on the Monday following, the said Lazarus Stewart and his Party, bidding defiance to all lawful Au- thority, and setting themselves in opposition to the Sheriff in the Execution of his Duty, refused him Admittance into the said Fort to serve the said Process on divers Persons therein named, who were then within the said Fort, and threatened to put him and his People to Death; and in the end, the said Stewart most wickedly and treach- erously, without any Provocation, murdered Nathan Ogden, one of PROVINCIAL COUNCIL. 717 the Sheriff's Posse, who had corae to the Fort at the said Stewart's Request, to parly with him in a friendly way, and at the same Time the rest of the said Stewart's Associates, by his Orders, fired upon others of the Sheriff's Posse, who were unarmed, and wounded three of them ; that they continued firing the remainder of the Day, at every Person that appeared within reach of their Gans, and ia the Evening, abandoning the Fort, fled to the Woods and made their Escape. "And Whereas, public Justice, and the Peace and Tranquility of His Majesty's liege Subjects, require that the Perpetrators and Abettors of such atrocious Crimes should be apprehendea and brought to condign and exemplary Punishment; " I have, therefore, thought fit, with the advice of the Council, to issue this my Proclamation, hereby strictly charging and command- ing all Judges, Justices, Sheriffs, Constables, and all other His Majesty's liege Subjects within this Government, to make diligent search and enquiry after the said Lazarus Stewart and his principal Accomplices, Viz'-: James Stewart, William Stewart, John Simp- son, William Speedy, John McDaniel (alias Donnel), William Young, and Richard Cook, as well as all others of his Accomplices, and to use all lawful Means for apprehending, securing, and bring- ing them to Justice; And, as an Encouragement, I do hereby promise and engage, that the Public Reward of three hundred Founds shall be paid to any Person or Persons who shall apprehend the said Laz- arus Stewart, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol of the said County; and also a Reward oi fifti/ Founds for apprehending and delivering to the said Sheriff in the same Place, each of his said principal Accomplices, James Stewart, William Stewart, John Simpson, William Speedy, William Young, John McDaniel (alias Donnel), and Richard Cook. "Given under my Hand and the Great Seal of the said Province, at Philadelphia, the ninth day of February, in the eleventh Year of His Majesty's Reign, and in the Year of our Lord one thou- sand seven hundred and seventy-one. "JOHN PENN. "By His Honour's Command. "Joseph Shippen, Junior, Secretary. "GOD SAVE THE KING." Two Members of Assembly presented to the Governor for his Concurrence a Bill entituled " An Act for preventing Tumults and Riotous Assemblies, and for the more Speedy and effectual punish- ing the Rioters," which was taken into immediate Consideration, and being approved, was returned to the Assembly by the Secre- tary, with a Verbal Message to the House " that the Governor gave his Assent to it, and would be at the Council Chambir in a quar- ter of an Hour, in order to enact the same into a Law." At Noon the Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint them that 718 MINUTES OF THE he required their Attendance there, that he might pass the Bill to which he had given his Assent; The whole House attended accor- dingly, and the Speaker presented the Riot Bill, which the Grover- nor enacted into a Law, and signed a warrant for affixing the Great Seal thereto, which was immediately done, and the Law deposited in the Rolls Office. Friday the 15th of February, 1771. ThS Governor having this Morning received a verbal Message from the Assembly, by two Members, desiring he would be pleased to communicato to them any Answer he may have received from General Gage respecting the Matters which, in their Remonstrance of September last, they requested the Governor would represent to him, directed the Secretary to lay before the Assembly for their Perusal General Gage's Letter of the 23d of October last, which follows in these words. Viz'- : " New York, 23d of October, 1770. « Sir : " I have received your Letters of the 16th and 18th Instant, with a Number of Depositions and a Remonstrance to you from the House of Assembly of Pennsylvania, relative to Demands for the payment of Carriages employed by Lieutenant Colonel Wilkins, on his March to Fort Pitt in 1768, with part of His Majesty's Royal Regiment of Ireland. The Papers you have transmitted shall be laid before the proper Officers for Examination ; with as little Delay as possible, and I will do all that depends on me to redress the Grievances com- plained of. " I have the Honor to be, with great Regard, Sir, "Your most Obedient, humble Servant, "THOMAS GAGE. " To the Honorable Lieutenant Governor Penn." At a Council held at Philadelphia, on Saturday the 16th of Feb- ruary, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Benjamin Chew, James Tilghman, 7 ^ Lyniord Lardner, 3 The Governor laid before the Board for their Consideration seve- ral Bills which the House of Assembly presented to his Honor for his Concurrence, entituled as follow, Viz'-: PROVINCIAL COUNCIL. 719 " An Act declaring the River Susquehanna, and other Streams therein mentioned, Public Highways, for improving the Navigation in the said River and Streams, and preserving the Fish in the same." " An Act declaring the Rivera Delaware and Lehigh, and parts of Neshaming Creek, as far up as Barnsley's Ford, and of the stream called the Lechawaxin, as far up as the Falls thereof, com- mon Highways, and for improving the Navigation in the said Rivers." " An Act for vacating a part of a Road in the Township of Pas- syunk, and for confirming a new Road laid out and made instead thereof." '< An Act for appointing Commissioners for opening and main- taining parts of two Roads therein mentioned. '* An Act for regulating the Fishery in the Rivers Codorus and Connewago, in York County." " An Act for the relief of the Poor." "An Act for appointing Regulators in the Southern Parts of the Northern Liberties of the City of Philadelphia, and for other pur- poses therein mentioned." " An Act for erecting a Part of the County of Cumberland into a separate County." *' An Act for the better securing and punishing certain OfiPenders therein mentioned," and " An Act for building a Bridge over Skippack Creek, in the County of Philadelphia." The said Bills were in part read and considered and referred to further consideration. At a Council held at Philadelphia on Monday the 18th of Feb- y ruary, 17'^. '/ PRESENT : / The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- William Logan, James Tilghman, \ ji j^es Benjamin Chew, Andrew Allen, 5 The Consideration of the three following Bills was resumed, viz'' " An Act for appointing Commissioners for opening and main- taining parts of two Roads therein mentioned." " An Act for erecting a part of the County of Cumberland into a Separate County," and " An Act for building a Bridge over Skippack Creek, in the County of Philadelphia." Which Bills being read and considered, were Ordered to be re- turned to the Assembly, with a few small Amendments made to the 720 MINUTES OF THE two first mentioned, and a verbal Message by the Secretary, that the Governor gave his Assent to the latter. The other seven Bills before the Governor were referred to fur- ther Consideration. At a Council held at Philadelphia, on Tuesday 19th of Febru- ary, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Ac^- William Logan, James Tilghman, } „ Benjamin (;hew, Andrew Allen. 5 ^^^^'^^s- The following Bills were again laid before the Board for their Consideration, Viz'- : "An Act for vacating a Part of a Road in the Township of Passyunk, and for confirming a new Road laid out and made in- stead thereof." '' An Act for the better securing and punishing certaiu Offenders therein mentioned." " An Act for the appointing Regulators in the Southern Parts of the Northern Liberties of the City of Philadelphia, and for other Purposes therein mentioned." " An Act for regulating the Fishery in the Rivers Codorus and Conewago, in York County," The Scxid Bills after due Consideration, were agreed to, and the Secretary was ordered to return the same to the Assembly with the Governor's Assent. Then were read the two following Bills, viz'- : "An Act declaring the River Susquehanna, and other streams therein mentioned, pub- lic Highways, &c''-." " An Act declaring the Rivers Delaware and Lehigh, and Parts of Neshaming Creek, &c^- and of the Stream called the Lecha- waxin,&c^- common Highways" &c"-; and after some Consideration of them, the Board advised the Governor to send a Verbal Message to the Assembly respecting them, by the Secretary, in the follow- ing Words, Viz'- : "Sir: " The Governor requests that the House will inform him whether they are possessed of any Plans or Draughts of the Rivers Dela- ware, Leliigh, Susquehanna and Juniata, and of the Streams Cones- togoe, Bald Eagle, Machanoy, Penii's Creek, Swatara, Connedoguinet and Kiskemanctas, which by the Bills now under his Cunsideration, are proposed to be kept open for Navigation, and particularly, whether these streams have been explored, and that if they have any such Draughts, the House will lay them before him." " February lUth, 1771." PROVINCIAL COUNCIL. 721 The Bill for the relief of the Poor was then read andfca Part considered, and referred by the Board for a further Conswieration at their nest Meeting. nor, J At a Council held at Philadelphia, on Wednesday 20th of Feb- ruary, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, James Tilghman, Richard Peters, Andrew Allen, ^Esquires. Benjamin Chew, Edward Shippen Juni The Governor having received by two Members of the Assembly a verbal Message in Answer to his Message of yesterday, his Honor laid the same before the Board, which follows in these Worde, Viz'- : A Verbal Message to the Governor from the Assemhly. The House inform his Honor, that they are possessed of no Plans or Draughts of the several Rivers and Streams mentioned in his verbal Message of this Day, except an accurate one of part of the River Delaware, which they lay before him agreeable to his request, and those contained in the several Maps of this Province, and that further the House know not whether those Rivers and streams have been particularly explored, having proceeded in the framing of the Bills referred to by His Honor on the Information of their Members. The Board then resumed the Consideration of the Poor Bill, and after some Time spent in deliberating about the Amendments pro- per to be made to it, the further Consideration of it was deferred 'till to-morrow Morning. At a Coftncil held at Philadelphia, on Thursday the 21st Feb- ruary, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- Benjamin Chew, Andrew Allen, | ^ James Tilghman, Edward Shippen, Junior, \ ■'^squires. The consideration of the Poor Bill was resumed, and the follow- ing Amendments being made to it, the Secretary was ordered to re- turn the Bill to the Assembly with the same, Viz*- : VOL. IX. — 46. 722 MINUTES OF THE Amendment 1st. Page 5, Line 1. After the Word [County] add [[and the Mayor and Recorder]. 2. Page 6, Line 4. Before the Word [Aldermen] insert the Words [Mayor or Recorder, and]. 3. Same Page, Line 7. After the Word [Justices] insert Words [Mayor or Recorder]. 4. Page 10, Line 3. Instead of [Occassion] say [Occasion]. 5. Page 11, Line 6. After the Word [assessed] add the Words [in the said City or District, or any Borough or Township]. 6. Same Page, Line 9. After the Word [any] insert the Words [Magistrate of the said City or any]. 7. Page 12, Line 9. Dele the Words [Justices] and insert the Words [Magistrate or Justice, respectively]. 8. Page 15, Line 1. After the Word [Tenant] insert the fol- lowing Clause : [Provided also, that the Estates of the Honorable the Proprietaries of this Province, shall not be liable to be rated or Assessed by Virtue of this Act]. 9. Page 16, Line 1. After the Word [further] insert the Word [enacted]. 10. Page 28, Line 10. After the Word [Be] insert the Word [it]. 11. Same Page, last Line. After the Word [exceeding] add the Words [in the whole, including all Gifts, Grants, Devises, and Be- quests heretofore made]. 12. Page 30, Line 4. Dele the Word [District] in the Place "where interlined, and insert the same Word before the Word [and]. 13. Same Page, Lines 8 & 9. After the Word [exceeding] in- sert the Words [in the whole, including all Gifts, grants, and De- vises and Bequests heretofore made]. 14. Same Page, Line 9. After the Word [the] insert the Word [aforesaid]. 15. Page 34, Line 11. Dele the Word [six] and insert the Word [twelve]. 16. Page 42, Line 5. After the Word [same] insert the Words [Provided always, that none of the Justices or Magistrat*'s who signed the said Order of Removal, shall sit in Court or give his Judgment in hearing and determining an Appeal from the same Order]. 17. Page 56, Line 11. Dele the first Word [Persons] and in- stead thereof insert the Word [Person]. 18. Page 57, Line 4. Instead of the first Word [overseers] say [Overseer]. 19. Page 62, Line 8. Instead of [Complant] say [Complaint]. 20. Page 68, last Line. After the Word [Void] add the follow- ing Clause : [And be it further enacted by the Authority aforesaid,* that this Act shall continue in force for the space of five Years, and from thence to the End of the next sitting of Assembly, and no longer] PROVINCIAL COUNCIL. 7%B The Governor then laid before the Board a Bill he had received from the Assembly, entituled "An Act for regulating and contin- uing the Nigbtly VVatch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, and for raising of Money on the Inhabitants and Estates of the said City, for defraying the Ex- pence thereof," which wps read and considered, and the Board making no Objection thereto, it was ordered to be returned to the Assembly with the Grcvernor's Assent. At a Council held at Philadelphia, on Thursday 28th February, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, Ac- James Tilghman, ] -p, Edward Shippen, Junior, J ^ The Board resumed the Consideration of the Bill f5r declaring the Rivers Delaware and Lehigh, &g^' common Highways, &c*' and the following Amendments being made to it, The Secretary was or- dered to carry the same to the Assembly with the Bill. Page 3, Line 11. After the Word [Highways] insert the Words [for the Purposes of Navigation up and down the same]. Same Page, Last Line. After the Name [Kechlene] insert the Name [Henry Kooken]. Page 4, Line 2. Dele the Name [Adam Yoke]. Same Page and Line. Dele the Word [and] and insert the same Word before the Name [John Arbo]. Same Page, Line 5. Instead of the Word [River] say [Rivers]. The Governor laid before the Board for their Consideration a Bill sent up by the Assembly for his Concurrence, entituled " An Act appointing Wardens for the Port of Philadelphia, and for the better regulating Pilots plying in the River and Bay of Delaware, and the price of pilotage to and from the said Port," Which being read and considered, was Ordered to be returned to the Assembly with the following Amendments : Page 2, last Line. Instead of the Name [James Wharton] insert the Name [Samuel Mifflin]. Page 30, Line 10. After the Word [Beacons] insert the Words [have been and]. Page 34, Lines 11 and 12. Dele the Words [per Ton]. The Governor then laid before the Board a Bill sent up by the Assembly, entituled " An Act for the immediate raising of Money heretofore granted for the Defence of the City of Philadelphia," which was alto read, and the Secretary directed to return it to the Assembly with two small Amendments. 724 MINUTES OF THE Two Members of Assembly having again brought up the Bill for the Relief of the Poor, with the following Answer to the Governor's Amendments, the same was laid before the Board and referred to the Consideration of the Council at their next Meeting : The Assemhly's Answer to the Governor'^Amendments to the BUI entituled " An Act for the Relief of the Poor." Amendments 1st, 2d, 3d, 4th, 5th, 6th, & 7th. Agreed to by th^ House. Amendment 8. The House dissent to this Amendment, and pro- pose to his Honour's Consideration to expunge the Words [the clear yearly value] in Page 7, Lines 10 and 11, and to insert in- stead thereof the Words [upon every Inhabitant and Occupier], which, if not rejected by the Governor, The House agree to with- draw the Clause beginning at the Word [And] inclusive, in Page 13, Line 7, and ending with the Word [Tenant], in Page 15, Linel. Amendments 9th, 10th, 11th, 12th, loth, 14th, & 15th, Agreed to by the House. Amendment 16th. The House dissent to the Amendment, and propose to the Governor's Consideration, instead thereof, the fol- lowing Clause : [Provided always, that none of the Justices or Magistrates who signed the said Order of Removal, or who shall or may be rated and assessed by Virtue of this Act towards the Sup- port of the Poor of any City, Borough, Township, or Place, be- tween which any dispute shall arise or happen'on such Removal, shall sit in Court, or give his Judgment on hearing and determin- ing an Appeal from the same Order]. Amendments 17th, 18th, & 19th. Agreed to by the House. Amendment 20th. The House adhere to the Bill. At a Council held at Philadelphia, on Saturday the 2d of March, 1771. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c'- Benjamin Chew, Andrew Allen, _ > Esquires James Tilghman, Edward Shippen, Junior, 5 ^ The Board taking into Consideration the Assembly's answer to the Governor's Amendments to the Bill for the Relief of the Poor, the following Reply thereto was drawn up and agreed to, and the Sectary was directed to carry the same to the House with the Bill, Viz'- : Amendment 8th. The Governor cannot accede to the Alterations proposed to be made to the Bill in their Answer to this Amend- PROVINCIAL COUNCIL. 725 mcnt, by expunging the Words [clear yearly Value], and inserting the Words [upon every Inhabitant and Occupier], but will recede from this Amendment, provided the House withdravr the Clause referred to in the latter Part of their Answer thereto. Amendment 16. The Grovernor dissents to the new Clause pro- posed to be added to the Bill, but agrees to wave this Amend- ment. Amendment 20. The Governor adheres to this Amendment. The Governor, on a review of the Bill; recommends it to the Considera- tion of the House, whether the following alteration would not be of public Use, Viz'- : Page 41, line 6th. After the word [the], add the Words [City, Borough, Township, Province, or]. The Board resumed the Consideration of the Bill declaring the River Susquehanna, and other Streams therein mentioned. Public Highways, &c'''' and having made the following Amendments there- to, the Secretary was ordered to carry the same to the Assembly with the Bill, Viz*- : Amendments to the Title of the Bill entituled " An Act declar- ing the River Susquehanna, and other Steams therein mentioned, Public Highways, &c*-" Linel. Instead of [River], say [Rivers]. Line 2. Dele the Words [other Streams], and insert the word [Juniata]. Line 5. Instead of [River], say [Rivers]. Same Line. Dele the Words [and Streams]. Amendments to the Bill : Page 1, Line 9. Dele the Words [such Rivers and other Streams as are or may], and insert the Words [the Rivers Susquehanna and Juniata]. Same Page, Line 10. After the Word [Navigable], insert the Word [and ]. k Same Page, last Line. After the Word [the], add the Word [said]. Page 2. Dele from the Word [and], inclusive, in the first Line, to the Word [Kiskeraanetas], inclusive, in the third Line. Same Page, Line 9. Dele the Words [and Streams]. Page 4. Dele from the Word [and], inclusive, in the first Line, to the Word [Kiskemanetas], inclusive, in the seventh Line. Same Page, Line 9. After the Word [Highways], insert the words [for the purposes of Navigation up and down the same]. Page 5, Line 2. After the word [Susquehanna], insert the word [and]. Same Page, Lines 384. Dele the whole of the third and fourth Lines from [Bald Eagle] to the word [Swatara] inclusive. Same Page, Line 10. Instead of the word [any] insert the word [either]. 726 MINUTES OF THE Same Page & Line. Dele the word [respective]. Same Page, Line 11. Dele the words [and streams]. Same Page, last Line. Dele the interlined words [and Streams], Page 6, Line 11. Dele the word [respective] and the words [and Streams.] Page 7, last Line. Dele the words [and Streams]. Page 8, Lines 4 & 5. Dele the words [and Streams]. Page 9, Line 1. Dele the words [or Streams], and instead of the word [any] insert the word [either]. Same Page, Line 4. Dele the words [or streams]. Page 10, Lines 6 & 7. Dele the words [or Streams]. Same Page, Line 9. Dele the words [and Streams]. Same Page, last Line. Dele the words [and Streams]. Page 11, line 4. Dele the words [and Streams]. Page 13, Line 5. Dele the words [or Streams]. Same Page, line 8. Dele the words [and Sti'eams]. ^ Page 14, Line 3. Dele the word [respectively]. Same Page, Line 4. Dele the words [and Streams]. Page 15, Line 2. Dele the words [and Streams]. Same Page, Line 8. Dele the words [or Streams], and instead of the word [any] insert the word [either]. Same Page Line 11. Dele the word [respective]. Same Page, last Line. Dele the words [and Streams]. , ^ Page 16, Line 1, Instead of [assualted] say [assaulted]. Same Page, Line 10. Dele the words [and Streams] Page 17, Lines 1 & 2. Dele the words [and Streams]. Page 18, Line 6. Dele the words [or Streams.] Page 19, Line 1. Dele the words [or Streams], Same page, last Line. Dele the words [the same]. Page 20, Line 10. Dele the words [or Streams], and instead of the word [any] insert the word [either]. Page 21, Liue 7. Dele the words [and Streams]. Same Page, Line 11. Dele ihe words [and Streams]. March 2d, 1771. f The Governor then laid before the Board a Bill entituled ''An Act to regulate the Assize of Bread, and for other Purposes there- in ipentioned," which was read and referred to further Considera- tion. PROVINCIAL COUNCIL. 727 At a Council held at Philadelphia, on Monday the 4th of March, 1771. PRESENT : The HoElourable JOHN PENN, Esquire, Lieutenant Governor, &c'- James Tilghman, "\ Andrew Allen, V Esquires. Edward Shippen, Junior, ) The Governor laid before the Board three Bills sent up by the Assembly for his Honour's Concurrence, entituled " An Act to re- peal a part of the Act entituled An Act for the preservation of Fish in the Rivers Delaware and the Lehigh, commonly called the Wes- tern Branch of Delaware." " An Act to enable Peter Mierkin, Sugar Refiner, to hold Lands, and to invest him with the priviledges of a natural born Subject of this Province*" *' An Act for the Relief of George Hawkins, Conrad Kehmle, and Jonathan Hobby, languishing Prisoners in the Gaol of Phila- delphia, with respect to the Imprisonment of their Persons," Which Bills were read and considered, and there appearing no Ob- jection to them, they were ordered to be returned to the House with the Governor's Assent. The Board then i-esumed the Consideration of the Bill for regu- lating the assize of Bread, &c*"' and there appearing some weighty objections to the Method proposed in the Bill of ascertaining the Price of Bread, by apportioning the Weight of the several kinds of Loaves to the price of Flour, and not according to the price of Wheat, which would be more just and reasonable ; and as no Amendments could be made to the Bill without altering the whole Frame of it, the Board advised the Governor to refuse his Assent to it, and the Secretary was ordered to return it to the Assembly, with a Verbal Message that the Governor could not agree to pass it into a Law. At a Council lield at Philadelphia, on Thursday tiie 7th March, 11772. PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, <&c' Lynford Lardner, Andrew Allen, 1 -p James Tilghman, Edward Shippen, Jun'- j " The Assembly having again sent up the Bill declaring the River Susquehanna and other Streams, &c*' public Highways, with an Answer to the Governor's Amendments, His Honor laid the same feefore the Board, and it follows in these Words, viz' : 728 MINUTES OF THE "The House agree to the Amendment in Page 16, Line 1, and as to all the other Amendments, the House to the Bill and its Title." Several Surveyors and other Persons who had explored the Creeks mentioned in the Bill, appeared at the Board by appoint- ment, and having satisfied them that the said Creeks were large and capable of being made navigable for small Craft, the Council advised the Governor to recede from his Amendments respecting those Creeks, and to return the Bill to the Assembly, with the fol- lowing reply to their Answer, viz- : The Governor agrees to wave all his Amendments except that in Page 4, line 9, provided the House will agree to make a small alteration with respect to Conedaguinet Creek, viz'': to expunge the words [William Thompson's Mill] in Page 4, lines 6 & 7, and instead thereof to insert the words [the Cove Fording, which leads to the Forty shilling Gap]. March 7th, 1771. Friday, the 8th of March. . The Governor having received a verbal Message from the Assem- bly, by two Members, signifying their Intention to adjourn, and requesting him to appoint some Members of Council to compare the several Bills which had been agreed to, with their engrossed Copies, The Governor replied that he should appoint a Member of Council and the Secretary to join two Members of the House to collate the Bills immediately. Saturday, the .9 th of March.. Two Members of Assembly waited on the Governor, and acquainted' him that the House proposed to adjourn to the 16th of September next, if he had no Objection thereto, and also requested the Gov- ernor would be pleased to appoint a Time for passing the Bills to which he had given his Assent. The Governor answered that he had no objection to their proposed adjournment, and that he should be in the Council Chamber about one O'Clock to-day, in order tO' pass the Bills. Council Chamber, 1 O'clock. P. M. Mr. Tilghman and the Secretary having compared the several engrossed Bills with their Originals^ and found them to agree^ The- PROVINCIAL COUNCIL. 72& Governor sent a Message to the Assembly by the Secretary, requir- ing their Attendance, that he might enact into Laws the several Bills to which he had given his Assent; the House accordingly at- tended, and the Speaker presented to the Governor twenty Bills which his Honor enacted into Laws, and signed a Warrant for afl&xing the Great Seal thereto. The Laws were afterwards deposited in the Kolls Office, and are entituled as follows, viz'- : " An Act for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters." "A Supplement to the Act entituled ' An Act for erecting Part of the Counties of Philadelphia, Chester, and Lancaster, into a separate County." *< An Act to prevent the Destruction of Rock Fish and Oysters." "An Act to regulate the Fishery in the River Schuylkill." "An Act for the immediate raising of Money heretofore granted for the Defence of the City of Philadelphia." " An Act for regulating the Fishery in the Rivers Codorus and Connewaga, in York County." "An Act for appointing Regulators in the Southern Parts of the Northern Liberties of the City of Philadelphia, and for other Pur- poses therein mentioned." "A Supplement to the Act entituled 'An Act for the better Regulation of Servants in this Province and Territories.' " "An Act declaring the Rivers Delaware and Lehigh, and part of Neshaming Creek, as far up as Barnsley's Ford, and of the Stream called the Lechawaxin, as far up as the Falls thereof, common High- ways, and for improving the Navigation in the said Rivers." " An Act declaring the River Susquehanna, and other Streams therein mentioned, public Highways, for improving the Navigation of the said River and Streams, and for other Purposes therein men- tioned." " An Act for vacating a part of a Road in the Township of Passy- unk, and for confirming a new Road laid out and made instead thereof." " An Act for erecting a part of the County of Cumberland into a" Separate County." " An Act for the better securing and punishing certain offenders therein mentioned." " An Act appointing "Wardens for the Port of Philadelphia, and for better regulating Pilots plying in the River and Bay of Dela- ware, and the Price of Pilotage to and from the said Port." " An Act for the relief of George Hawkens, Conrad Kehmle, and Jonathan Hobby, languishing Prisoners in the Gaol of Phila-- delphia, with respect to the Imprisonment of their Persons." " An Act for building a Bridge over Skippack Creek, in the County of Philadelphia." " An Act for the relief of the Poor." 730 MINUTES OF THE V " An Act for regulating and continuing the Nightly Watch, en- lightening the Streets, Lanes, and Alleys of the City of Philadel- phia, and for other Purposes therein mentioned." " An Act to enable Peter Mierken, Sugar Refiner, to hold Lands, and to invest him with the Priviledges of a natural born Subject of this Province." " An Act to repeal a part of the Act entituled ' An Act for the preservation of Fish in the Rivers Delaware, Susquehanna, and the Lehigh, commonly called the Western Branch of Delaware." Before the House withdrew, the Speaker presented to the Gov- ernor an Order on the Treasury for six hundred Pounds. At a Council held at Philadelphia, on Monday the 11th of March, PRESENT : The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c^ Richard Peters, James Tilghman, Z v • Benjamin Chew, Edward Shippen, Junior, S ^^^"'^^S' A law having passed on Saturday last, for erecting a p.irt of the County of Cumberland into a Separate County, called Bedford County, The Governor acquainted the Board that he thought it ne- cessary to issue a Commission without delay, appointing J ustices of the Peace, &c'' in the different Parts of the new County, and laid before the Board a List of Persons residing therein, who iiad been recommended to him as the best qualified to execute the Duties of the Magistracy, and after due Consideration, the following Persons were agreed on to be Justices of the Court of General Quarter Ses- sions of the Peace and of the County Court of Common i'leas for the said County of Bedford, and a Commission ordered to be made out accordingly, Viz*-; John Frazer, William Proctor, Jun'-' Bernard Dougherty, John Hanna, Arthur St. Clair, • William Lochry, William Crawford, John Willson, James Milligan, Robert Chiggage, Thomas Gist, William McConnell, Dorsey Pentecost, George Woods, Alexander McKee, {John Frazer, Bernard Dougherty, Arthur St. Clair, It having been represented to the Governor that several more Magistrates were wanted in the County of York, it was thMught ad- visable that a new General Commission of the Peace shuuld be is- PROVINCIAL COUNCIL. 731 sued for that County, and the Governor laid before the Board a List of the Justices in the present Commission, as well as the Names of others who had been recommended to hiui for Magis- trates. The Board taking the same into Consideration, the follow- ing Persons were agreed on, and a Commission was ordered to be is- sued, appointing them Justices of the Peace and of the County Court of Common Pleas for the said County of York, Viz'-: Robert McPherson, Matthew Dill, David Jameson, Henry Slegle, Martin Eickelberger, William Smith, Archibald McGrew, John Smith, John Adlum, Cunningham Sample, John Pope, Richard McCallister, Michael Swoope, David McConnaughj, Samuel Johnston, William Penrose, Samuel Edie, William Rankin, William Delap, Joseph UpdegraflF. Thomas Minshall, Tuesday the 12th of March. The Governor was pleased this day to appoint A.rthur St. Clair, Esquire, to the several Offices following, in the County of Bedford, by three separate Commissions under the Great Seal of the Pro- vince, Viz'-; Prothonotary, or Principal Clerk of the Cunnty Court of Common Pleas, Clerk or Register of the Orphans' ; ourt, and Recorder of Deeds. At a Council held at Philadelphia on Saturday the 6th of April, 1771. PRESENT : Thp Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca. Benjamin Chew, James Tilghman, 1 Lynford Lardner, Andrew Allen, S- Esquires. Edward Shippen, Junior, J The Governor laid before the Board a Peii'^t'on from sun Jry Free- holders, and other Inhabitants of the County of Northauipfon, Set- ting forth that the Prosp tji Richard Peters, Edward Shippen, Jun""' 3 ^ The Council was this day summoned to consider the Return of the Road on the Line dividing the Counties of Philadelphia and Bucks; but as no more than four Members attended, (several of them being out of Town), it was agreed that the Consideration of this Matter should not be entered upon without a fuller Board. The hearing of the Parties for and against the Road was therefore post- poned 'till Monday the ninth of September next, and the Secretary gave Notice thereof accordingly to the Persons concerned, who at- tended on this Occasion. One of the Members of Council acquainted the Board that John Moore, Esquire, one of the Justices of the Peace for the County of Northampton, had some Time ago removed into Philadelphia County, and recommending him as a Man of good Understanding and Character, who had discharged his Duty as a Magistrate with Fidelity, requested he might be put into the Commission of the Peace for the County where he now resides. The Board appro- ving of the said Recommendation, issued a Special Commission, ap- pointing the said John Moore, Esquire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Philadelphia. At a Council held at Philadelphia, on Saturday, 3d August, 1771. PRESENT : The Honorable JAMES HAMILTON, Esquire, President. Benjamin Chew, Andrew Allen, } -p James Tilghman, Edward Shippen, Jun., 3 ^ Mr. Tilghman and Mr. Joseph Shippen, who returned a few days ago from Northampton, Reported to the Board, That on their ar- rival at Easton, they had a Meeting with all the Magisti'ates of the County, who each engaged to use their Influence in raising Men in PROVINCIAL COUNCIL. 751 different Parts of the County to meet the Sheriff over the Moun- tain on the Wednesday following, and to accompany him to Wyo- ming ; that notwithstanding the Endeavours used by the Magis- trates and others who were employed in New Jersey to raise Men, there assembled at the Place of Rendezvous not more than about forty ]Men, instead of an hundred, expected to be raised ; that so small a number of Men, upon a consultation with the Magistrates, were thought very insufficient to effect the Business at Wyoming ; Whereupon it was judged most advisable to suspend the attempt till the Harvest was over, when there would be a greater probabili- ty of procuring a sufficient Force, and in the mean Time to send a Party of about twenty men with a supply of Flour to our People in the Block House at Wyoming, who, by the intelligence received from thence, were in great Distress for want of that Article, and were invested by four different Incampments of the New Eng- landers and the other Rioters ; That having given directions for the immediate dispatch of this supply, they left Instructions with Mr. Gordon and the other Magistrates, the Sheriff and Mr. Charles Stewart, to make another attempt to raise about sixty Men, to meet at the Foot of the Mountain on Wednesday the 12th of August, which, with the Party sent with the Flour, and the Men then in tjie Block House, were judged sufficient to assist the Sheriff in execu- ting the Riot Act, and in the further discharge of his Duty. Mr. Tilghman then laid before the Board the Deposition of Thomas Neal and Valentine Arnott, cStc"-' taken before Captain Amos Ogden, which was read, and is as follows, Viz'- : ** Thomas Neal, Valentine Arnott, and Thomas Scott, being duly sworn on the Holy Evangelists, doth depose and say, that on Tues- day Morning the 30th Instant, July, 1771, these Deponents was in Company with Captain Joseph Morris and John Dick, who com- manded a party of Men sent to Weyomee with Provision for the relief of the distressed Persons in the Block House, and as the Party was marching along the Road within three or four hundred Yards of the Block House, was hailed by a Man which they be- lieve was a Sentery. He asked who comes there ; He was an- swered a Friend, by Captain Morris or some of his Party ; they was hailed several Times, and still answered and marched on, until they had got almost between two Breast Works, when they saw a Man rise up, hail'd, ordered them to stand, and swore by God he would fire ; th?y still marched on ; he immediately presented his Gun and fired. The Fire then soon became general from the Breast Works and ouf of the Woods. Morris and Dick's Party returned the Fire and took to the Trees; but these Deponents did not continue but a very short Time before they thought it Time to make their Escape, as they saw the Numbers of their Enemy increase. The Fire grew hot, and they was a surrounding them ; these Deponj the Honourable JAMES HAMILTON', Esquire, President, and the Council of the Province of Pennsylvania. "A PROCLAMATION. " Whereas, his Majesty, by an Instrument of writing under the Privy Seal, bearing Date the Eighteenth day of June, 1766, lately transmitted to this Government by one of His Majesty's Principal Secretaries of State, has been pleased to adjudge and declare void An Act of Assembly of this Province, passed in September 1764, entituled "A Supplement to the Act entituied ' An Act for erect- ing a Light-house at the mouth of the Bay of Delaware, at or near Cape Henlopen, for placing and fixing Buoys in the said Bay and River Delaware, and for appointing Commissioners to Receive, col- lect and Recover certain Sums of Money, heretofore Raised by way of Lottery, and to appropriate the same to the Purposes afore- said.'" And Whereas, his Majesty, by a like Instrument under the Privy Seal, bearing date the fifth day of June last, did also adjudge and declare void one other Act of Assembly of this Pro- vauce, passed in February 1770, entituled ' An Act for the Sale of (Joods Destrained for Rent, and to Secure such Goods to the Per- sons Destraining the Same, for the better Security of Rents, and to prevent frauds and abuses committed by Tenants.' We have therefore thought fit to signify and make known the same to all persons within this Government, in order that they may take notice thereof, and govern themselves accordingly.. '' Given in Council, under the Great Seal of the said Province, at Philadelphia, the ninth day of September, in the Year of our Lord one thousand seven hundred and seventy-one, and in the Eleventh year of the Reign of our Sovereign Lord George the third, by the Grace of God, of Great Britain, France and Ire- land, King, Defender of the Faith, and so forth. "JAMES HAMILTON, President. " By order of the President and Council. " Joseph Shippen, Jun'- Secretary. ''GOD SAVE THE laNG/' PROVINCIAL COUNCIL. 767 At a Council held at Philadelphia, on Tuesday 17th Septem- ber, 177L PRESENT : The Honourable JAMES HAMILTON, Esquire, President Joseph Turner, Thomas Cadwalader, "] William Logan, James Tilghman, ) p, . Richard Peters, Andrew Allen, ] ^" Benjamin Chew, Edward Shippen, Junior, J It having been agreed by the Board at their Meeting on the 19th ultimo, that a true State of the late Ryots and hostile proceedings of Lazarus Stewart and his adherents at Wyoming, should be laid before the Assembly, and that it should be Recommended to them to take effectual and Speedy Measures for the apprehending and bringing those Ryotters to Justice, Mr. Tilghman produced to the Board a Draught of a Messuage he had prepar'd for that purpose, which being Read, and some alterations made to it, was approved, and the Secretary Directed to Transcribe the same, in order to be delivered to the house as soon as the President should be acquain- ted that a Quorum was mot and were ready to proceed on Business. The following depositions of Ashur Clayton and Joseph Morris, were also laid before the Board, and the Secretary ordered to De- liver them to the House with the Messuage. Here follows the Deposition of Ashur Clayton, Philadelphia, to wit : "Ashur Clayton of the City of Philad"' Gentleman, being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that on the sixth day of July last, being at Wyoming, in the County of Northampton, in this Province, improving his Farm there, he Received Information that a number of armed men, Commanded by Lazarus Stewart and Zebulon Butler, Commonly called Cap' Butler, were approaching that place, in order, as they gave out, to' disposess the People who had settled there under the Proprietaries of this Province, and Seize on their lands, upon pretence of Claim from the Gollony of Connecticut, and thereupon he and the other Inhabitants, with their familes, making in all eighty-two men. Wo- men, and Children, Retired into a Block house for their Security and protection, taking with them the principal part of their Effects, and this Deponent sent out two men to gain Intelligence ; that about one o'clock next morning, one of them Returned & Reported that his Companion, James Bertroug, was taken prisoner by a party or Men at Lachnawanack ; and about Eleven O'Clock the same day, Bertroug Returned and Inform'd of his having been made Prisoner the Preceeding night, by a party of Fifty or Sixty men, under the Command of Stewart and Butler, who told him they were come by Authority of the Government of Connecticut to take Possession of that Country, and were determined to do it or 768 MINUTES OF THE perish in the Attempt; and that while he was with them they took possession of a house at the mouth of Mill Creek aud a Mill on the said Creek, and Bertroug further Inform'd that by perswading them he had no Concern in the lands, he obtained his Liberty, and was Charged with a Messuage from Butler to this Deponent, desi- ring a Conferrence at any place he would appoint ; that this Depo- nent, in consequence of an appointment made, met Butler the next day at about half a Miles distance from the Block house, in the Presence of Ezekiel Pevice, who accompanyed Butler, and Daniel Meade, who went with ihe Deponent; that Butler told the Depo- nent that all the Lands there belonged to the Colony of Connecti- cut; that they came under the Authority and protection of that Government to take possession of them, and were determined to Obtain and keep possession, at the Risk of their lives; and pointing to about thirty of his party, who were advanced within a small dis- tance, said he wish'd the Right could be determined by their En- gagement with an equal Number; to all which the Deponent an- swered that he should not dispute with him about the Right to the Lands, as it was a matter neither of them could determine, but that the Inhabitants having settled there under the Proprietaries of this Province, he and they would endeavour to maintain their possessions untill they could have Orders from the Governor ; and the Deponent proposed to Butler that he should draw off his party to the Oppo- site side of the River, and that neither party should molest the other untill he should receive orders or advice from the Gov- ernor; but this was Rejected and they parted without agree- ing to any Terms; that from this time he, with the Rest of the Inhabitants in the Block house, kept on their Guard to prevent a Surprize, and laid in what provisions they could, apprehending that Butler and his party would endeavour to put their threats in execu- tion; that on the twenty-seventh day of July, at about twelve o'clock at night, the Block House was Surrounded by the Con- necticut party, under Stewart and Butler, who from that time Kept the Block house invested, and secured themselves by Intrenchments; that the same Night they called to the Deponent and told him he had had time enough to go off, and swore if he did not Surrender up the Block house by eight 0' Clock the next day, they would blow him and the People with him to hell; that the next day Some off them appeared near the Block house, and endeavoured by various threats and perswasions to Induce the Inhabitants to Desert it; that they Seized on the Horses, Cattle, and Such other Effects of the Inhabitants as they Could get into their Hands; that on the twenty-ninth a Number of them drew nigh to the Block House with their Firearms in their Hands, and the Deponent, suspecting that they Intended to Surprize it, gave them notice that he was de- termined to maintain his Possession, and forbad their approaching nigher; that on the thirtieth, a little after day break, the Depo- nent was alarmed with the firing of Guns, and expecting an attack, PROVINCIAL COUNCIL. 769 the Inhabitants prepared to defend themselves, and Fired from the Block House towards the quarter from -which they expected it, but it soon appeared to be an engagement between the Connecti- cut party and the party of Men coining with Provisions & Neces- saries to the Relief of the Block House, twenty-two of whom got into the Block House, the Rest being Repell'd ; that a few minutes after the Connecticut party began to fire at the Block House with Ball, which was continued, with little intermission, Night and Bay, until Sunday the tenth of August, the People in the Block House in their Defence returning the Fire; that on the Eleventh, Stewart k Butler sent a man with a Flag to summou the people in the Block House to surrender, which being refused, he withdrew, and soon after they began to Fire at the Block House with small arms and from a Wooden Cannon, which burst at the second discharge; that the fireing Continued on both sides untill the fifteenth, when the People in the Block House, having suffered greatly for want of Pro- visions, which were entirely Consumed, and seeing no prospect of Relief, sent out a man with a Flag to Sewart and Butler, and after several Messages, having obtained the best terms the could, a capi- tulation was Sign'd by Stewart, Butler, and one John Smith, pur- suant to which the Deponent left the Block House, and the Con- necticut party took possession of it ; that during the seige, Isaac Dalston was wounded and William Ridgyard Killed, in the Block house, by shot from the Connecticut party, and the Deponent hath heard and believes that several of that party were kilFd and wounded by Shot from the Block house ; and further the Deponent saith not. "ASHER CLAYTON. "Sworn the 22d day of August, Anno Domine, 1771, before me, one of his Majesty's Justices of the Peace for the County of Phil- ad"' and Notary and Tabellion Publick, duly appointed and Sworn for the Province of Penn^- " Quodque manu ac Sislllo Notoriali attestor. " [L. S ] JAMES BIDDLE, Just & Not'y." Here follows the Deposition of Joseph Morris : " Philadelphia County, to wit : *' Joseph Morris, of Morris County, in the Province of East New Jersey, Gentleman, being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that he, the said Deponent, being possessed of Lands near Wyoming, upon Susquehanna, in Northampton County, in this Province of Pennsylvania, which he held under the Honourable the Proprietaries of this Province, and understanding that a number of People had assembled at Wyoming and were endeavomung forcibly to Dispossess the VOL. IX. — 49. 770 MINUTES OF THE People settled there of their Lands, pretending to Claim them by Authority from the Collony of Connecticut, he joined a party of thirty-two Men going with Necessaries and Provisions for the Relief of the Settlers at Wyoming, by Orders from this Gov- ernment, on the twenty-sixth day of July last, and on the thirtieth, about da}-- break, being advanced to within about two hundred yards of a Block House, wherein the Inhabitants had sheltered themselves, and were invested by the Connecticut party, a Man posted as a cen- tinel, presented his firelock and challenged the People with the De- ponent, calling out who goes there; that they answered they were friends, that the centinel bid them stop, & threatened to Fire if they advanced; Upon which, John Dick, one of the Party with the De- ponent, told him they were going peaceably to the Block House, and did not intend to hurt any one, and desired him not to fire, but the Centinal persisted in declaring his Resolution to Fire, and then Dick raising up his Gun, bid him fire, at his peril ; that the centi- nal then stepped a little aside, and a number of Men, about eighteen or twenty, who lay concealed at a small distance to the Right Hand, starting up suddenly, fired upon the Deponent and the party with him, who presently after Received another Fire from the left, and from the Centinal ; that finding themselves attacked in this hostile manner, they found in necessary to defend themselves, and being provided with arms. Returned the fire on their Assailants, and Hastening to the Block house under a constant Fire from Several parties of the Connecticut people, twenty-one of them got in, the rest being driven back, with the loss of four Horses, with their load- ing, having had one of their Men, named Gilbert Ogden, danger- ously Wounded by a Shott from the Block house, as this Deponent believes, and two others slightly hurt; that the Deponent and his party continued in the Block House with Ashur Clayton, and the Inhabitants, untill the fifteenth of August Instant, during all which time, except on Sunday the twelfth, the party Surrounding the' Fort, who had entrenched themselves, and were commanded by Lazarus Stewart and Zebulon Butler, kept a constant Firing with Ball at the Block House, by which Isaac Dalson was wounded, and William Ridgyards killed, and also fired with Ball from a Wooden Cannon, which Burst at the second discharge; that the Fire was returned by the people in the Block house in their own Defence, hut on the said fifteenth of August, being reduced to great straits for want of Provisions, which for many days before had been Dealt out very sparingly, and was by that time wholly consumed, they were obliged to send out a Man with a Flag to treat upon terms, and after several Messages, were constrained to surrender, on the Conditions mentioned in a Capitulation granted to them by Butler, Stewart, and one John Smith, a copy whereof is hereto annexed, which the Deponent believes to be a true and exact Copy, as he him- self Transcribed the Original, and has compar'd this with a copy PROVINCIAL COUNCIL. 771 of it made for him by John Dick, who has it in his possession ; and further the Depoueut saith not. "JOS. MORRIS. "Sworn the 22d day of August, Anno Domini, 1771, before me, one of his Majesty's Justices of the Peace for the County of Phi- ladelphia, and Notary and Tabellion Publick, duly appointed and sworn for the Province of Pennsylvania. " Quodque manu ac Sii2;ille Notoriali Attestor. [Z. ^.] "JAMES" RIDDLE, Just. & Not!' Here follows the Articles of Capitulation referred to in the fore- going Deposition : *^ Articles of Capitulation agreed upon the 15th day of Atigust, 1771, betunxt Colonel .ishur Clayton, Joseph Morris,, ^^ John Dick, Commandents of the Block-House, in Behalf of the Honourable the Proprietaries of Pennsylvania, and the Sub- scribers -n behalf nf the Colony of Connecticut, on Surrender of the Fort to the latter. 1st. " That twenty-three men shall go out armed, the Remainder Unarmed, imd to go from hence to their Respective Habitations, un- molested by the Opposite Party. 2d. " Tjiat the Men who have Families is to have liberty to stay on the land two Weeks, & to take off their Effects, which they are to do unm'.l 'sted. 3d. " 5?l;c sick and wounded is to have liberty to stay and keep such persons as they think proper for Nurses, and to send for a Doctor. "The al ve articles, we, the Subscribers, do bind ourselves by the honor a-xd Faith of G-entlemen, to abide by and perform. "ZEBULON BUTLER, "LAZARUS STEWART, "JOHN SMITH. " Testis :— " Alexander Patterson. " EzEKiEL Pierce." Wednesday, the 18th of September. A Committee of Assembly having waited on the President with a Messuage, to inform that the house were met pursuant to adjourn- ment, and Requesting to know if the President and Council had any business to lay before them, the Secretary carried to the As- sembly the Message agreed on yesterday, with the two Depositions it refers to ; and at the same time delivered to the House for their Perusal, by direction of the President and Council, a Letter Re- 772 MINUTES OF THE ceived from the Earl of Hillsborough, dated the third of Julj/' last^ with its Inclosures, Viz'- : an Order of the King in Council of the 24th of May last, respecting several laws passed in this Province, and two Instruments under the Privy Seal, repealing two Laws, which papers are entered on the Council minutes of the 9th of this Month. A Messuage from the President and Council to the Assemhly. " Gentlemen : " As by the Laws of this Province the administration of the Gov- ernment, upon the Departure of our late Governor, devolved upon us. We cannot, consistant with our duty, omit to lay before you a matter which appears to us of a very serious Nature, and nearly to concern the peace and good order of the Province. "The making of the present Riot Act, and the unhappy Occa- sion of it, and the Publication of large Rewards for apprehending and bringing to Justice those daring Offenders, Lazarus Stewart and his Accomplices, must be fresh in your memories. These steps, taken by the Government and Legislature, calculated to discourage and Suppress the turbulent Spirit of these Intruders, and others of the same perverse disposition, it was hoped would have had the de- sired Effect. Yet we are sorry to inform you that the very persons for whose apprehension the Rewards were published, have Lately, with a number of adherents, in open Contempt of the powers of Government, again appeared in Arms at Wyoming, and after seizing upon all their Effects, forced our Settlers there (to whom the Pro- prietaries had sold the Lands) to retire into a Block House, which they beseiged in a Regular Hostile manner, keeping up an almost Continual Fire from Intrenchments, for the space of sixteen or seventeen days. At length our people, Reduced to the last Ex- tremity for want of Provisions, were obliged to Surrender upon terms of Capitulation, since which it is Reported that the Intruders have burnt the Block House, and are fortifying themselves at a more Convenient place in the Neighborhood, and that they have Inten- tions of seizing on Fort Augusta and the Provincial Cannon, and other warlike stores there. "We must inform you, Gentlemen, that upon the first Intima- tion of these last violences, the Government took every step in their power, at a very great expence, to Raise a Sufficient Posse to en- forca the Execution of the Riot Act against the Intruders, and to .apprehend the Offenders, and that Several of the Magistrates of Northampton County were on their way to Wyoming with a Posse, when they received Intelligence of the Surrender of the Block House ; and upon being well apprized of the InsufBciency of that Force, and that it would require a much greater one to apprehend and bring the Ryotters to Justice, We ordered the Posse to be dis- charged, and determined to lay the Case before you at your present Meeting. PROVINCIAL COUNCIL. 773 " Tour own Understandings, Gentlemen, will point out to you t!ie fatal Consequences of suffering these lawless people to remain long in the possessions they have thus obtained, as it were by open War. They will probably soon become more formidaVjle by asso- ciating to themselves Numbers of Profligate people from this and the other Provinces ; of Course they may Extend their possessions by force, as far as they please, take upon themselves, in a little time to give laws to Government itself, and in the end bring onus all the evils which have lately been Experienced by a Neighbouring Col- ony to the Southward. " When you come, Gentlemen, seriously to Consider these Im- portant Matters, and that the applying a remeddy to the evil, would, at a future time, call for a more Considerable Force, aud a much heavier espence than at present, we cannot doubt but you will Readily give us all the Assistance in your power, speedily to sup- press these Disorders, and bring to Condign punishment a set of People who have, in the most daring manner, set the Government and its Laws at Defiance. " The Secretary will lay before you two depositions which prove the Facts above stated. "JAMES HAMILTON, president. "September 18th, 177L" At a Conferrence held in the Council Chamber at Philadelphia, on Tuesday the 24 of September, 1771, with several Indians of Different Tribes, who came to town on Saturday last from the West Branch of Susquehanna. PRESENT : The Honourable JAMES HAMILTON, Es.iuire, President. Joseph Turner, James Tilghmau, 1 William Logan, Andrew Allen, V Esquires. Richard Peters, Edward Shippcu, jun''-' J Indians present. Cheahogah, a Cayugah Chief. Shawana Ben, ?/-,,•/. r- ,t -r> i ,T , , ' > Chiefs or the Delawares. Newoaleka, ^ Jacob Asquash, a Nanticoke Interpreter, And 24 other Indians, Viz. : Cayugas, Tuscaroras, Shawanese, ' Delawares, Mohickons, Nanticokes aud Canoys. The Indians being seated, the Cayuga Chief rose up and spoke as follows, Viz' : " Brothers : " When I was at home with my "Nation wo were thinking with ourselves about our Brethren at Philadelphia. We remembered 774 MINUTES OF THE that there was an old Road between us and them, ia the very Be- ginning of times, and as we wanted to say something to our Brethren at Philadelphia, and that we should travel in the same road that our Ancestors had opened as a Communication between them and ns; upon this I sat out with some of our People, and found the old road that has been used from the Beginning, and travelled safe in it to this City, and we are glad to find the old Council Fire, which which was kindled by our Fathers is still burning bright and clear as it used to be, and that we see our Bretheren. We givf you this String to clear your eyes, that you may see us in Council. We open your throats and clean your ■ Hearts, that there may bo no foulness in you; we also unstop your Ears, that you may the better hear what we have to say to you, and we likewise Cleanse the Coun- cil Chamber, that we may sit happily together, without anything to OflFend us. A String of three Rows. " Brothers : " Please to hearken to us, having now cleared your Eyes, cleansed your hearts, opened your Ears, and swept the Council Chamber, I shall proceed to tell you our Business. " Brothers : " As we have already mentioned, there was at the Bcgining a Great Council fire kindled in the City, and it always burnt clear and Bright; of late there was another Fire kindled between our Na- tions and our Brethren, the English, at Sir William Johnson's, and there we have of late gone, and by this means the old Road to this Council-Fire was grown up and difficult to be found, but we have found it and travelled through it, and are come once more to the old Council Fire at Philadelphia.' " Brothers : " Our Fathers and your fathers were in close friendship; they held fast the Covenant-Chain and strength'ned it; one held it fast at one end and the. other at the other; but there are always some bad people who want to break the Chain, but they never have been able to do it; both you 'and we have held it fast. We desire to put you in mind that your fathers were kind to the Indians, and ready to assist them, and we hope 'that you are of the Sc'.mc disposi- tion that they were. A String of four Rows. " Brethren : '' When we were at home we were looking towards Wyoming, and observed that the People of New-England were come to live there. Now we want to know what Reason these New-Englandmen have for doing this, since we never gave that Land to them ? Being asked what they meant by this ? they answer that the New-Eng- landmen tell some of the Indians that they, the Indians, gave them the land at Wyoming, but we, the Indians, say that we never did PROVINCIAL COUNCIL. 775 give them this land ; we who are here of several different Nations, namely, the Six Nations, Sbawanese, Delawares, Mohickons, Nanti- cokes, and Coneys, we all declare that the Indians never did give this land to the New-England People, but we gave it to the pro- prietor Onas, and to no other person, and we not only gave "Wyom- ing to him, but a great space of land round about it, except the places where the Indians live. A String of three black and white Rows. ^' Brethren : '* We have now fully told you all the Business of our coming here to this Council fire at Philadelphia; we came down all the way from the Mingo Country, on purpose to acquaint you with what you have now heard from us. " And now. Brothers, hearken to what my Brother Shawana Ben here present, who lives upon the great Island, desires to tell you." Shawana Ben then spoke as follows : ^^ Brothers : " We were informed by Sir William Johnson that whenever we were tired of living on the land we were settled on, and had an In- clination to leave it, we might be permitted to do so and dispose of it; now Brothers, we tell you that we have an Inclination to remove from the place where we live, the great Island, and desire to dis- pose of it." A String of four black and white Rows. The Cayuga Chief then spoke as follows : ''Bretheren: " I am now grown old, and have been employ'd as a Messenger, and am beconie stiff with Travelling, and I desire you will help me, and give aie a Horse, that I may not be obliged to walk when I go home. I must also inform you. Brethren, that our Hatchetts and Guns are out of order, and we request you will get them put in Repair." One of the Indians present called Cawandaghsaw, then acquain- ted the president and Council that he was a Cockuawawga, and was just arrived from Charles Town in South Carolina, and Delivered a letter from Oovernor Bull to the president, which was Read, and is as follows, Viz'- : *' Charlestown, September 6, 1771. « Sir : "An Indian of the Oneida Nation, named Da-ya-gough-de-re- «esh, called by the English Thomas King, who had been employed by Sir William Johnson to negociate and Confirm peace between the Sis Nations and various Tribes on the Ohio, and our Southern Nations, after finishing his important business, arrived here about twelve days agoe, and desired to|Rcturn by Sea to Sir William John- son, amd expressed a Strong Inclination to see the great City of 776 MINUTES OF THE Philadelphia; I accordingly provided a passage for him and his Retinue in Captain Blewer, and Cloathing, and some presents for himself and his Companions 3 but he was taken 111 of a Fever, and unfortunately died last night. He was to have been accompanied by two Catawbas to Confirm the Peace in presence of Sir William Johnson, but his Death put an end to their Voyage with him ; I have sent the Cloaths I had provided for him by his Companion, to be given by Sir William Johnson (to whom I write by them) to dry up the tears of his Ilelations. " I Recommend them, the bearers hereof, to your protection and assistance on their way to Sir William Johnson. Your knowledge of the Genius of Indians, and of the fidelity of this tribe to the Eng- lish, and your own humanity, leave me no Room to add any argu- ments in their Favour. " I have the Honour to be, with great Regard, Sir, " Your most Obedient Humble Servant, "WM. BULL. "To the Honourable Lieutenant Governor Hamilton, Com- mander-in-Chief of the Province of Pennsylvania." Tho same Indian then informed the Council that he had a great Quantity of Wampum, which was given by the Southern Indian Nations at their several Treaties with Thomas King, and that he would show the Wampum to the Council, if they Chose to see it, and according he shewed twenty Belts, and a large number of strings of Wampum. While the Council was Sitting, a Shawanese Indian, named Sha- wana John, came into the Chamber, and presented a Petition to the president, setting forth that he had been at Sir William John- sons, and was sent b}' him on Business to the Governor of Boston ; and that as he was a coming here in passing through Hartford and New Haven, some Gentleman there give him Letters for the Gov- ernor of this Province ; that these Letters, and his passport, and nine Dollars, were taken from him while he was asleep at an Inn in Brunswick, in New Jersey, and he desired that his loss might be made cood to him. At a Council held at Philadelphia, on Thursday od October^ 1771. • PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, James Tilghman, ^ William Logan, Andrew Allen, [^-p, . ^ Benjamin Chew, Edward Shippen, Jun''- / °^ Thomas Cadwallader, J The Sheriffs of Philadelphia and Chester Counties having made their Returns of the Elections for those Counties, they were laid PROVINCIAL COUNCIL. 777 before the Board, and being duly Considered, the following persona were appointed, and their Commissions, with Writs of assistance and Warrants for affixing the Great Seal, were signed by the Presi- dent, Mr. Turner, Mr. Logan, Mr. Chew, and Mr. Cadwallader. Judah Foulke Sheriff, ) ^^ ^^^ ^.^^ ^^^ ^ ^^ Philadelphia, ("aleb Cash, Coroner, ^ • J ^ Jesse Maris, Sheriff of Chester Coanty. Friday 4th of October, 1771. The President dispatched by an Express, a letter to the Hon- ourable Jonathan Trumbull, Esquire, Governor of Connecticut, which follows in these words, Viz'' : "Philadelphia, the 4th of October, 1771. '^ Per Thomas Robinson, Express. " Honoured Sir : '' As I have the honor at present to preside in this Province, I have transmitted you the Inclosed Copies of a Deposition and Capi- tulation, by which you will perceive how the peace of this Govern- ment has been lately disturbed by the Violent proceedings of what is ('ailed your Susquehanna Land Company, who have associated to themselves some of the most abandoned and Profligate of our people, such as are accused, and indeed stand Indicted of Capital Crimes here. *' As the people Concerned in these violent and even hostile measures, profess to act under' the authority of your Government, and have made a Capitulation expi-essly on behalf of the Govern- ment, I have thought it proper and Expedient to send a Mes- senger to your Honour on purpose to know with Certainty whether they have proceeded in any sort under your Countenance or Au- thority, or that of your assembly; And as this must be a mat- ter within your Knowledge, I make no doubt but you will dis- patch the express with a Speedy answer to " Your most Obedient, " and most humble Servant, "JAMES HAMILTON, President,' '' To the Honourable Jonathan Trumbull, Esq''- Governor of Connecticut, at Lebanon." 778 MINUTES OF THE At a Council held at Philadelphia on Saturday 5th October, 1771. PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, James Tilghman, ^ William Logan, Andrew Allen, ! tj, Benjamin Chew, Edward Shippen, Jun""' j ^ Thomas Cadwallader, J The returns of the Elections of Sheriffs and Coroners for the Counties of Chester, Bucks, Lancaster, Berks, York, Northampton, New Castle, and Kent, being now made, the Board took the same into Consideration, and appointed and Commissionated the following persons as Sheriffs and Coroners for the first mentioned sis Coun- ties ; and the President appointed and Commissionated Thomas Duff and James Caldwell, Sheriffs, and Henry Vining and John Smithers, Coroners of their Respective Counties of New Castle and Kent. John Crosby, Jun'' Coroner of Chester County. Kichard Gibbs, Sheriff, ? -p i „ ri^,,^*^ T Ttr 11 n > Bucks County. James Wallace, Coroner, 5 Frederick Stone, Sheriff, > t i r^ o 1 T> J n ?■ Lancaster Do. Samuel Boyd, Coroner, 5 Samuel Edie, Sheriff, ? y V T) Joseph Adlum, Coroner, ^ George Nagle, Sheriff, ? ^^^.^g p^ Isaac Le van, jun""-' Coroner, 3 Peter Kachlein, Sheriff, > xt ^.i. j. -r> TD , o • r^ r Northampton Do. Peter Seip, Coroner, 3 ^ Thomas Duff, Sheriff, / at /-i i.i n j. Ti -rr. . n i- New Castle County. Henry Vining, Coroner, 3 *' James Caldwell, Sheriff, ? xj- i. P t John Smithers, Coroner, 5 A Transcript of the llecord of the Conviction of George Spots was then laid before the' Board, by which it appears that at a Court of Oyer and Terminer and General Goal Delivery held at Philadel- phia, for the County of Philadelphia, on the twenty-third of Sep- tember last, Before William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supream Court and of the said Court of Oyer and Terminer, George Spots, of Philad^- County, La- bourer, was tryed and Convicted of Fellony and Robbery committed by him, the said George, on the King's high Way, on the Second day of April last, and that he hath received Sentence of Death for the same. The said Record being taken into Consideration, and the said Justices and the Jury by whom he was convicted, having Rccom- PROVINCIAL COUNCIL. 779 mended bim as an Object of Compassion, it was agreed tbat be should be Reprieved, on Condition that he remoye from this Pro- vince, and never more return into it. The Keprieve was accord- ingly made out under the great Seal, and delivered to the Care of the Sheriff of this County. October 7th, 1771. The Sheriff of Susses County having now made his Return of the Election for that County, the President appointed the following persons the Sheriff and Coroner, and signed their Commissions : Peter Robinson, Sheriff, } r r, /-. i. TTii- 11 1 ry >■ or Sussex County. Lli Parker, Coroner, 3 "^ The Sheriff of Cumberland having also made his Return of the Election for that County, the President and four Members of Coun- cil appointed and Commissionated the following persons as Sheriff and Coroner, Viz'-: Ephraim Blaine, Sheriff, ? --, -u ^ j n< a c,^ 1 T • J n r Cumberland County. Samuel Laird, Coroner, ^ •' October the 8tb, 1771. The Return of the Election for the County of Bedford being now made, the President and four Gentlemen of the Council appointed and Commissionated the following persons the Sheriff and Coroner of that County, Viz'-; John Proctor, iun''' Sheriff, 7 ^^ jc j r^ ^„ T , 17, • ' ■' n r Bedford Couuty. Joseph Erwm, Coroner, ^ •' A Draught of a Letter being prepared by Order of the Board to be dispatched to the Proprietaries, the same was Ordered to be Transcribed for that purpose, and sent by the first Opportunity. The said Letter follows in these Words, Viz'-: " Philadelphia, the 8th of October, 1771. " May it please your Honors : " In our Letter of the 20th of August last, we acquainted you of the unfavourable situation of your affairs at Wyoming, and that we had an Intention of laying the matter before the Assembly, in hopes of their assistance. We did so, and now inclose you copies of our Message, and their answer ; by which you will perceive the uncer- tainty of succeeding in our application. We have dispatched a Messenger to the Governor of Connecticut, to know whether that 780 MINUTES OF THE Government have given any countenance or Authority to the Pro- ceedings of their people at Wyoming. If they should deny that they act under the Authority of Government (as we conceive they will,) it is thought it may favor the application we intend Jto make to the approaching Assembly. If they should avow their proceed- ings, it may be a proper Foundation for an Application at hora6. Our intelligence from Wyoming is that their numbers have not in- creased as was expected ; that there is a Disagreement between the New-England men and Stewart's Party, and that they arc not pre- paring for a Crop of Winter Grain. '" From a View of what it past, we think it highly probable that nothing but the Interposition of the King and Council can put an end to this troublesome and expensive Business. " We inclose copies of a Letter and Deposition just come to hand from the Westward, which seem strongly to point out the necessity of ascertaining that Frontier. " We have the Honour to be " Your most Obedient humble Servants, ''JAMES TILGHMAN, " ANDREW ALLEN, "EDWARD SHIPPEN, Jun^-, "JAMES HAMILTON, "JOSEPH TURNER, " WILLIAM LOGAN, "RICHARD PETERS. " To the Honourable Thomas Penn and John Penn, Esquires) Proprietaries of the Province of Pennsylvania, London. "To the care of Mess"' David and John Barclay, Merchants ia London. i At a Council held at Philadelphia, on Wednesday 16th October, 1771, A. M. PRESENT : The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Andrew Allen, | -p, William Logan, Edward Shippen, Jun'- j ^l"^^®^- The President acquainted th^ Board that a Committee of Assem- bly had waited on him yesterday, to acquaint hira that the House had met pursuant to the Laws and Charter of this Province, and had chosen their Speaker, and were Ready to Receive any business the Council might have to lay before them. But on Receiving an account this Morning that Captain Falconer's Ship was arrived in the River, from London, with the Honourable Richard Penn, Esquire, our Governor, on Board, it was agreed to Defer all Busi- ness with the House 'till he should come up to the City. PROVINCIAL COUNCIL. 781 The Secretary presented to the Board a Petition from Divers In- habitants of the City of Philadelphia, and the Northern Liberties, setting forth that there is a Public Road leading from the tipper end of Fourth Street to the Southwardmost line of the Widow Master's land near her Mlll-Dam, which has been in use about sixty years, and is a boundary of the Lots and Land on each side thereof, and of very great Convenience to the owners of the same ; that the Petitioners are of opinion that if the said Road was extended through the Widow Master's land into the Genuantown Road, it would not only accommodate the owners of the said Lots and those who reside on and near the present old' Road, but be of very great utility to the publick by opening another out-let into the Country from the Northern parts of the City. That the said Road (if extended as aforesaid) would pass over even and good Ground, would not exceed 190 ^lerches in length, and Consequently would Occasion but a small expense in opening anjd keeping it in Repair. That' the Petitioners have obtfiiued the full Consent of the Widow Masters for Carrying the said road through her Land, agreeably to the Courses laid down in a Draught accompanying their Petition, and humbly Conceive that no reasona- ble objection can be had thereto, as it will not injure or pass through the Land of any other person j and therefore prayed the Council would be pleased to appoint men to view the Ground and to lay out a public Road from the end of the said old Road leading from Fourth Street into the Germantown Road, according to the manner proposed and laid down in the said Draught, or as nearly so as may be found most Convenient for public use. The .Board talcing the said petition and Draught into Considera- tion, do order and appoint Joseph Fox, Jacob Lewis, Luke Morris, John Lukens, Jonathan Evans and Edward Duffield, to view the Ground, and if they or any four of them are of Opinion that the Road Petitioned for is necessary for publick use and Convenience, to lay out the same in the manner proposed by the petitioners, or as nearly so as they shall judge most advantageous for the publick Service, and to make return of the Courses and Distances thereof, with a Draught of the said Road, into the Provincial Secretary's office, in order to be Confirmed as a public Road, if the same shall be approved. 782 MINUTES OF THE At a Council held at Philadelphia, on Wednesday 16th October, 1771, P. M. PRESENT : The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c^- The Honourable James Hamilton, Esquire. Joseph Turner, James Tilghman, ^ Richard Peters, Andrew Allen, [ -p Lynford Lardner, Edward Shippen Junior, | squir Thomas Cadwallader. J The Honourable Proprietaries, Thomas Penn and John Penn, Esquires, having been pleased to appoint Richard Penn, Esquire, to be Lieutenant Governor of the Province of Pennsylvania and Counties ot New-Castle, Kent and Sussex, on Delaware, He pro- duced his' Commission under the Hands and seals of the said Pro- prietaries, bearing date the fifteenth day of July last, with their Warrant for affixing the great Seal thereto; and also a Certificate under the Seal of the Privy Council, dated the sixteenth of Au- gust last, declaring his Majesty's approbation of Richard Penn, Esquire, to be Lieutenant Governor of the said Province and Coun- ties, and his having taken the Usual Oaths. The Secretary was thereupon sent to the keeper of the Great Seal to get the Seal affixed to the said Commission, and the Seal was accordingly affix- ed thereto. Sometime after his Return the Governor, attended by the Council, Mayor, Alderman and Common Council, and preceded by the Sheriff and his officers, went to the Court House, where his ('ommission was published with due Solemnity in the presence of a very great Concourse of People. The Commission and Certificate were Ordered to be Recorded in the Rolls Office. I At a Council held at Philadelphia, on Thursday 17th October, 1771. PRESENT : The Honourable RICHARD PENN, Esquire, Lieutenant Gov- nor, &c*- James Hamilton, Lynford Lardner, ") William Logan, James Tilghman, v Esquires. Richard Peters, Edward Shippen, jun'- ) The Governor informed the Board that he Continued Mr. Joseph Shippen, Jun'- in the Office of Provincial Secretary and Clerk of PROVINCIAL COUNCIL. 783 the Council, and desired that an entry of the same might be made on the minutes of Council. The Secretary having, by the Governor's Directions, prepared a Draught of a ProcLamation for Continuing all Magistrates & other Ofl&cers in their Respective Offices, the same was read and signed by the Governor, and Ordered to be published in the several public Papers next week. The said Proclamation follows in these words, Viz'- : " By the HonouraUe RICHARD PEJVN, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Frovince of Pennsyl- vania, and Counties of Newcastle, Kent, and Sussex, on Delaicare. "A PROCLAMATION. " Whereas, the Honourable Thomas Penn and John Penn, Es- quires, 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 fifteenth day of 'July last, to Constitute and 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 ap- pointment the King's Most excellent iMajesty, in a Council held at S'" James's, the sixteenth day of August last, 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 and Consent 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 Gov- ernment of the said Province and Counties, heretofore lawfully and rightfully Issued, which were in force on the sixteenth day of Octo- ber Instant, shall be, continue, and remain in full force, Power, and Virtue, according to their Respective Tenors, untill my further pleasure shall be known therein ; and that all persons whatsoever, who on the said sixteenth day of October Instant, held or Enjoyed any Office of trust or profit in this Government, by Virtue of any such Commission as aforesaid, shall continue to hold and enjoy the same untill they shall be determined by me as aforesaid, or by other Sufficient Authority. And I do hereby further Command and Re- quire 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 perform- 784 MINUTES OF THE ance and discharge of their respective Duties therein, for the safety, peace, and well-being of the same. " Given under my hand and the Great Seal of the said Province, at Philadelphia, the seventeenth day of October, in the eleventh year of the Reign of our Sovereign Lord George the third, by the Grace of God, of Great Britain, France and Ireland, King, De- fender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and seventy-one. "RICH^FENN. *' By his Honour's Command. " Joseph Siiippen, J""' Secr'y. ''GOD SAVE THE KING." EWD OF YCL. IX. ^^-.^^^^ .<\^^ .•i, -P v^ -n.. sN' ^', '^/- ^^ ^y. ..\ ,-^- ''^^. <^^ A^^"^- V^-. ^^^' '^'IM^-^^MmMMm^'^^^m LIBRARY OF CONGRESS 014 223 946 2 #