USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 2
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[ITEM.]
That the Said Kings and Chiefs, (each for himself & his People Engaging,) shall at no time Hurt, Injure or Defraud, or suffer to be Hurt, Injured or defrauded by any of their Indians, any Inhabitant or Inhabitants of the Said Province, either in their Persons or Estates, And that the said William Penn, his Heirs & Successors, shall not suffer to be done or Committed .by any of the subjects of England wthin the Said Province, Any Act of Hostillity or Violence wrong or Injury, to or against any of the Said Indians, but shall on both sides at all times readily do Justice, & perform all Acts &
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Offices of friendship & Good will to oblige each other, to a lasting peace, as aforesaid.
[ITEM.]
That all and every of the said Kings & Chiefs, and all and every particular of the Nations under them, shall at all times behave them- selves Regularly & Soberly, according to the Laws of this Govermt while they live Near or amongst ye Christian Inhabitants thereof, And that the Said Indians shall have the full & free privileges and Imunities of all the Said Laws as any other Inhabitants, they Duly Owning & Acknowledging the Authority of the Crown of England and Government of this Province.
(ITEM.]
That none of the said Indians shall at any time be aiding, Assist- ing or Abetting any other nation, whether of Indians or Others, that shall not at such time be in Amity with the Crown of England and with this Governmt.
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That if at any time any of the Said Indians, by means of evil minded persons and sowers of sedition, should hear any Unkind or disadvantageous reports of the English, As if they had Evil designs against any of the Said Indians, In such Case such Indians shall send notice thereof to the Said Wm. Penn, his Heirs or Successors, or their Lieut'ts, and shall not give Credence to the said reports, till by that means they shall be fully satisfied Concerning the Truth thereof : And that the said Willm. Penn, his heirs and Successors, or their Lieut'ts, shall at all times in such Cases do the like by them.
[ITEM.]
That the said Kings and Chiefs & their Successors, shall not Suffer any Strange Nations of Indians to Settle or Plant on the further side of Sasquehannah, or about Potowmeck River, but such as are there already Seated, nor bring any other Indians into any part of this Province without the Special approbation & permission of the said Willm. Penn, his Heirs and Successors.
[ITEM.]
That for the prevention of abuses that are too frequently putt upon the said Indians in Trade, that the said Willm. Penn, his heirs and Successors, shall not Suffer or Permitt any Person to Trade or Com- merce with any of the said Indians, but such as shall be first allowed and approved of by an Instrumt under the Hand and Seal of him, the sd William Penn, or his Heirs or successors, or their Lieut's : And that the sd Indians shall suffer no Person whatsoever to buy or sell, or have Commerce with any of ym the Said Indians, but such as shall first be approved as aforesaid.
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That the said Indians shall not sell or dispose of any of their Skins, Peltry or furr, or any other Effects of their Hunting, to any Person or Persons whatsoever out of the sd Province, nor to any other person but such as shall be Authorized to Trade with them as aforesaid ; And that for their Encouragmt, the Said Willm. Penn,
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his heirs and successors, shall take Care to have them, the Said In- dians, duly furnished with all sorts of necessary Goods for their use, at reasonable rates.
[ITEM.]
That the Potowmeck Indians aforesaid, with their Collony, shall have free leave of the said Wm. Penn to Settle upon any part of Patowmeck River within the bounds of this Province, they Strictly observing and practising all and Singular the Articles aforesaid to them Relating.
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The Indians of Conestogo, & upon & about the River Susquehan- nah, And more Especially the Said Connoodaghtah, their King, doth fully agree to, and by these Presents, Absolutely Ratify the Bargain & Sale of the Lands lying near and about the said River, formerly made to the said Willm. Penn, his heirs and Successors, And since by Oretyagh & Andaggy-Junkquegh, parties to these Presents, Con- firmed to the sd Wm. Penn, his heirs and Successors, by a Deed bearing Date ye 13th day of ye 7br last, under their hands and Seals, duly Executed. And the said Connoodaghtah doth, for himself and his Nation, Covenant and Agree that he will at all times be Ready further to Confirm & make good the said Sale, according to the Te- nor of the same, And that the Said Indians of Susquehannah shall Answer to the said William Penn, his heirs and Successors, for the Good Behaviour and Conduct of the said Potowmeck Indians, And for their performing of the several Articles herein Express'd.
[ITEM.]
The Said William Penn doth hereby Promise, for himself, his heirs and Successors, yt he and they will at all times shew them- selves true ffriends & Brothers to all & every of ye Said Indians, by Assisting them with the best of their Advices, Directions & Counsels, & will in all things Just and Reasonable befriend them, they behav- ing themselves as aforesaid, and Submitting to the Laws of this Province in all things, as the English and other Christians therein do. To which they, ye said Indians, hereby agree and oblige them- selves and their Posterity forever.
In witness whereof, the Said Parties have as a Confirmation, made mutual presents to each Other : The Indians in five parcels of Skins, and the Said William Penn in Several English Goods & Merchandi- zes, as a binding Pledge of the promises, never to be broken or Vio- lated. And as a further testimony thereof, have also to these presents Sett their hands and Seals, the day and Year above written.
Signed, Sealed & Delivered in the Presence of
EDWD. SHIPPEN, NATHAN STANBURY, ALEXR. PAXTON, CALEB PUSSEY, JAMES STREATER, J. LE FORT, JOHN HANS STEELMAN,
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JAMES LOGAN, JOHN SANDERS, INDIAN, alias HARRY SHAWYDOOHUNGH, his- [H I] mark. PEMOQUERIAEHCHAN, his [Z] mark. PASSAQUSSAY, his [)] mark.
At a Councill held att Philadia ye 25th of 2d Mo, 1701. PRESENT :
The Proprietary & Governour.
Edward Shippen,
Esq'rs.
Humphry Murray,
Esq'rs.
John Moll,
Thomas Story,
The Govr having expressed some Dissatisfaction at, and the Incon- veniency of Deferring the Trial of the Negroe man committed to Prison about 8 Months Since, for murdering a Certain English young man, whose condition was here discoursed of, Desired the Board to Consider what method would now be the most Safe and effectual to take in it, Seeing the last Provincial Court fail'd of proceeding in it as was expected.
Which being debated, the Attorney Genl and David Lloyd being Present, who at the last Provincial Court had in some Measure given their Opinion thereupon,
Moved whether (according to a Caution given in the Case) the ffact could be tryed by vertue of a Law that was made since it was committed. Resolved by the Attorney Genl and D. Ll., that whereas here was a Law in force before for the Trial of Negroes to the same effect, and the Punishment was not altered by this last, they might safely be tried by the Law in that respect, but it might be safer to try them another Way.
Order'd, That there should be forthwith issued a Commission of Oyer & Terminer, to try them by Juries.
At a Council held at Philadia ye 17th of 3d Mo, 1701.
PRESENT :
The Proprietary & Governour.
Edwd. Shippen,
John Blunston,
.
Saml. Carpenter, Esq'rs. Caleb Pusey, Esq'rs.
Thos. Story, Humphy. Murray,
The Propry having proceeded to inform this Board of the great abuses committed in Indian Trade, the great Dangers that might arise from thence, and the advantages that might accrue from it to the Province in General, proposed that some measures might be con- certed for the Regulation thereof, and redressing the Grievances that we generally laboured under upon that Score, and Especially by means of two ffrench men, Louis and P. Besalion, who have been suspected to be very dangerous persons in their Traffique wth the Indians, in this Troublesome conjuncture of Affairs.
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Resolved, that it was absolutely necessary the Said two ffrench" men should be Confined, and restrained from inhabiting or trading amongst the Indians, And that some way should be agreed on, to Carry on that trade by a Certain number or Company, who should take all measures to induce the Indians to a true Value and Esteem for the Christian Religion, by setting before them good Examples of Probity and Candour, both in Commerce and Behaviour, and that Care should be taken to have them duly instructed in the fundamen- tals of Christianity ; And the further Consideration hereof is referr'd to the next meeting of the Board.
The Govr Also Acquainted the Board, That Reports were brought That some of the five Nations of Indians had sent an Embassy to our Indians on Delaware, requiring their aid and Concurrence, & That it was Suspected the ffrench of Canada had been Endeavouring to Debauch the sd Indians from their ffidelity to the Crown of Eng- land.
Resolved, that Care should be taken to Inquire into the Grounds of the said Reports.
And then adjourned, &c.
At a Council held at Philadia ye 19th of the 3d Mo, 1701. PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Esq'rs. Caleb Pussey,
Saml. Carpenter,
Humphry Murray,
Esq'rs.
Thomas Story,
Application being again made to this Board in behalf of R. Elfrith, to have that Affair of the Public Landing Place concluded On wch Saml. Carpenter proposing to lay down 100Es to Satisfy Gr. Jones for his ground Rent, and the said Elfrith for his Damages, on Con- dition that the town will give him the Public Wharf at the End of Walnut street in Exchange.
Recommended to the further Consideration of ye Council at the next Sitting.
An Account under the hands of Charles Sanders deceased, and Joseph Pidgeon, of Philadia, bearing date ye 12th of Sept. 1698, was Exhibited to this Board, charging William Markham, late Leuit. Govr in behalf of the Govmt Debtr, for a parcel of Small arms by them Supplied for the use of the Governmt, amounting to twenty- eight pounds ten Shills, On the backside of which was Indorsed, under the then Secry's hand, That at a Council held at Philadia the 17th day of May, 1699, the Said Acct was allowed, and a Bill or- dered to be charged on the Treasurer of the Province for the Pay- ment of the Same, wch Acct & Order being duly Considered, It is Ordered that Saml. Carpenter, the present Provincial Treasurer, pay out of the Publick Treasury of the Province the Contents of the said Acct to such person or Persons as have a right to Demand the same.
Application being made in behalf of Robt. Eyres, of the C: of
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Chester, That he should be Considered for 5 Copies of the Laws of this Province, which he drew about 16 years ago but had never any Satisfaction for his Trouble, for wch he charges ten pounds.
Ordered that the Provincial Treasurer pay the said ten pounds to Robt Eyers or his Order.
A Letter from the Council of New York being read, Importing That Several of the King's Soldiers lately sent from England, and Posted in the ffrt of that City, have Deserted, and as it is supposed, have taken Shelter in some of the Neighbouring Colonies, where Search being made for them by their Officers, as well the Magistrates as others, the Inhabitants in general shew themselves so backward in yielding due Assistance, that they rather Countenance and Encou- rage the said Soldiers in their Desertion, by Detaining and Employing them about their affairs of Husbandry, to the great Abuse and Inse- curity, not only of the Said Govmt of New York, but of the other English Colonies on this Continent, by leaving that most ffronter part of the King's Dominions in America Denuded of the Defence, the King wch so much Charge has been pleased to allow them ; and therefore, they request the Gor forthwith to Issue a Proclamation commanding all Justices of the Peace, &c.
Ordered, That Such a Proclamation shall be forthwith drawn by the Secry and Published.
Adjourned till next 4th Day.
At a Council held at Philadelphia ye 21st of 3 Mo, 1701.
PRESENT :
The Propritary and Governour.
Edwd. Shippen,
Thos. Story,
Saml. Carpenter,
Esq'rs. Humpry Murray, Esq'rs.
Griffith Owen,
Caleb Pusey,
A Petition of Robt. Guard and his Wife being read, setting forth That a Certain Strange Woman lately arrived in this Town being Seized with a very Sudden illness after she had been in their Com- pany on the 17th Instant, and Several Pins being taken out of her Breasts, One John Richards, Butcher, and his Wife Ann, charged the Petitrs with Witchcraft, & as being the Authors of the Said Mischief ; and therefore, Desire their Accusers might be sent for, in Order either to prove their Charge, or that they might be acquitted, they Suffering much in their Reputation, & by that means in their Trade.
Ordered, that the Said John & Ann Richards be sent for ; who appearing, the matter was inquired into, & being found trifling, was Dismissed.
In pursuance of the Resolution made by this Board on the 17th Instant, That Care should be taken to know the grounds of the Re- ports concerning the Indians, the Govr informed the Council That after the Sessions A Certain Young Swede arriving from Lechay, brought advice That on 5th Day last some Young men of that place going out a hunting, being but a little while gone, several Shotts
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were heard to go off very thick, wch was Suspected to have been some of the Sinnecaes coming Down upon them, & that thereupon he had sent two Messengers, viz : Edwd. ffarmer & Jno. Sotcher, who re- turning bro't advice That the Alarm was false, & that the Shott was only at some Swans, and the whole reports groundless.
Richd. Robert's Petition to the Govr and Council was read, setting forth the great Injuries he had Suffered by Jno. Claypoole, late Sherif of Philadia, who levied an Execution on the Petitr's Goods for the Court fees due upon an Action agst the Petitr, in ye County Court of Philadia, which fees had been actually paid down to John Crapp, the then Sherif in the Court, before the Petitr was discharged or came out of the Court house, and Craving Relief therein.
Ordered that when John Claypoole's Acct agst ye Prov : for cer- tain Debts which 'tis believed may be due to him, are brought to the Council to be allowed, what the sd Claypoole has unjustly taken and Detains as aforesaid, should be deducted and Ordered to be paid to the Petitr.
Adjourned till 4th Day next.
At a Council held at Philadelphia ye 31st of 3 Mo, 1701. PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Caleb Pusey,
Saml. Carpenter, Esq'rs. Griffith Owen,
Esq'rs.
Thos. Story,
Phineas Pemberton,
The Govr & Council entring upon the further Consideration of the Indian Trade, Agreed, That pursuant to former Resolutions on this head, there shall be an effectual Regulation of the Said Trade on these heads.
That It shall be carried on by a Joynt Stock, into which all per- sons shall be free to Enter, especially the old traders, they with all others observing & Submitting to such Rules as are and shall be Concluded on by the Governmt for its Reputation & Safety, and for the Publick Benefitt.
That No Rum shall be sold to any but their Chiefs, and in such Quantities as the Govr and Council shall think fitt, to be Disposed of by the Said Chiefs to the Indians about them as they shall see cause.
Application being made to this Board for an Order to defray the Charges of a Boat with 4 oars, Sent down for Intelligence to New Castle upon the Report that a ffrench Pirate had been seen above Bombayhook, wch amounted to 38Shs, 30s thereof for the Boat, and 8s Expenses for Liquors.
Ordered that the Treasurer pay the same.
The Govr acquainted the Board, That whereas, there then is a Law of this Govmt, Prohibiting all persons to trade with the Indians in this Province, but such as dwell and reside therein, and have a Lycense from the Govr to that end, Notwithstanding which, John Hans Steelman, represented to live in Maryland, and having no such License, hed ever since the Enacting of the Said Law, followed a close
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Trade with the Indians of the Province, not only at Conestogo, but had been Endeavouring to Settle a Trade with them at Lechay, or ye forks of Delaware, to the great prejudice of the Trade of this Province in general, for which reason the Govr has seiz'd such of his Goods as were going to Lechay, and taken Security from him for such goods as he had bought and Sold at Conestogo, and the Govr desired the Advice of the Board herein.
It was moved That as it is not Concluded or allowed by the Pro- prietary, that the man lives out of the Province, and his father being a Native of it, It will not appear so reasonable to Exercise the Rigour of the Law agst him; But an effectual Course shou'd be taken to prevent such Practices and Abuses for the future, and that he be not permitted to proceed in violating the Laws as hitherto ; Ordered, that for the said reasons, and because the Indians complain agst him for Defrauding them, he be not permitted to trade any more till he has regularly obtained a License for that purpose; That his Goods be restored, he giving A Bond of a 1000€, that they or their value shall be forthcoming if called for, and that he shall observe the Laws of this Province, and the Agreement now made wth the Indians, to wch he was a Witness, and that he Defray and Satisfy Henry Mal- low's Charges in going for and bringing him hither. The Grand Jury of Newcastle having psented Amos Nichols, of the County of Chester, for Divers felonus Acts, and the Court by their Clerk, re- questing the Govr that he wou'd be pleased to Cause some Speedy Course to be taken for his Apprehension, it being a Scandal to the Govmt, that openly, and in Contempt of it and its Laws, he should travel from place to place as it were in defiance.
Ordered, That an Order be forthwith sent to Andrew Job, Sherif of the County of Chester, to Search for & apprehend him, if he may be found in his District, and that he keep him in Safe Custody till he give notice to the Sherif of Philadia, who shall be Ordered to meet him.
At a Council held at Philadia ye 2d of 4th Mo, 1701.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Saml Carpenter,
Thor. Story, S Esq'rs.
Griffith Owen,
Caleb Pussey,
Esq'rs.
ffor the greater Security of this Province and Territories, and for preventing as far as may be Surprises by vessels from the Sea,
Ordered that the Magistrates of the County of Sussex, shall ap- point and take Care yt a Constant Watch and Ward be kept on the hithermost Cape, near Lewis, in the Said County; and in Case any Vessel appear from the Sea, that may with good grounds be Suspected of evil Designes against any part of this Government, Ordered, That the said Watch shall forthwith give notice thereof, with as exact a Description and Acct of the Vessel as possibly they can to the Sherif
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of the Said County, who is required immediately to despatch a Mes- senger, Express, with the Same to the County of Kent, from thence to be forwarded from Sherif to Sherif through every County, till it be brought to the Govr at Philadia, which Watch and Expresses shall be a Provinciall Charge.
The Petition of Several Inhabitants of Philadia being offered to the Board, Setting forth the great inconveniency the Town in gene- ral lies under, and more Particularly the Inhabitants near the End of the high street, on Delaware, by its being broken down and washt away by the great fluces of Water at every great Rain, to the great Scandal of the place, and Insecurity, as well as inconveniency of the Town in General, 'Tis Ordered that in pursuance of an Act of As- sembly made and past at the last Sessions of the Genl Assembly of this Province aud Territories, held at Newcastle, Intituled An Act for regulating of Streets and Water courses in the Cities and Towns of this Governmt, a Commission be forthwith directed to Francis Cook, James Ackinson, Charles Read, Jonathan Dickinson, Thos. Masters and John Parsons, to regulate the Streets and Water Courses of the Town of Philadia, and generally to transact & perform all the Several particulars for wch power is given by the Said act, and ac- cordingly a Commission is drawn & signed by the Proprietor and Govr in these words :
Wm. Penn True and Absolute Proprietor & Govr in Chief of the Province of Pennsylvania and Territories Threunto belonging, to my Loving friends, Francis Cook, &c.
In pursuance of an Act of Assembly, made and past at ye last Ses- sions of the Genl Assembly of the Province of Pennsylvania & Ter- ritories thereunto belonging, held at Newcastle entituled an Act for the Regulating of Streets and Water Courses In the Cities and Towns of this Govmt, Know ye, That by & with the advice & Consent of my Council, I have Nominated & appointed You, the said, &c. as often as occasion shall be to regulate ye Streets & Water Courses of the Town of Philadia, & to ordr the pitching, paving & Graveling thereof, as also ye Clearing of Docks where such may be, and repair- ing Landing places & Bridges in the said Town, hereby Authorizing & Impowring you, according to the Tenour of the Said Act, to agree wth & employ Workmen for performing the same ; And for defraying the Charges of such regulations, I do hereby require you, or any four of you, with the Advice and Assistance of the Justices of Peace of the County of Philadia, or at least 2 of yem, to Calculate & Com- pute the sd Charges, and thereupon, wth ye assent of me & four of ye Council equally to lay rates or assessments, for levying the same upon the Inhabitants of the said Town respectively, & the said rates being so laid, forthwith to levy, or Cause to be levied, according as by the Said Act you are directed, & generally to do, act, and perform all & all manner of things whatsoever, that by the Said Act any per- sons mentioned to be appointed by me and my Council, are Impowred to do, act, perform or execute. Given under my hand and Seal att Philadia, the 2d Day of the 4th Month, in the Year 1701.
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At a Council held at Philadelphia ye 26th of June, 1701.
PRESENT :
The Proprietary and Governor.
Willm. Clark,
Edwd. Shippen, Esq'rs. Humphry Murray,
Thomas Story,
Esq'rs.
Saml. Carpenter,
A letter from Secry Vernon to the Govr, date 13th October, 1700, was read purporting that if Thos. Burley, Mate, & John Williams, Carpenter of the Ship Orange of Topsham, who were taken out of the said Ship by a Pirate Ship Called the Morning Star, and forcibly detained, & happend to be taken and brought into this Govmt, & that they should not be proceeded agst as Guilty of Piracy, & but sent home.
A letter from Secry Vernon to the Govr, date 4th Marcii, 1700-1 Signifying that the ffrench have fitted out a Squadron of Men of War, to be sent to the Spanish West Indies, ready to sail under the Com- mand of Monsr de Coetlogon, requesting this government to be upon their Guard, and that all care for the security of the province, &c. Memorand : that this Lettr being receiv'd in the Governor's Absence, was read by the Council and was Signified to the Magistrates of the County of Newcastle and Sussex.
Whereas, there was an Order formerly made that in Case any Danger should happen, or Enemies appear, &c., that the same should be signified by the Sheriff of the County of Sussex, and so from Sherif to Sherif, &c. But to prevent Delays, a Special Express is Ord'd to be sent by the Sherif with all Care and Expedition possible, to give notice thereof to the Governour and Council, &c. And the Sherif is hereby Impowered to press Horses for Expe- dition, and in the Sherif's absence the Magistrates, &c. to see the same performed.
A Copy of a letter from Secry Vernon, Signed William R., sent to the Govr by Govr Blackiston, purporting that all accessarys of Piracy, with the proper evidences agst them, be sent home, &c. pur- suant to the Act of Parliament lately past against Piracy.
At a Council held at Philadia ye 27th June, 1701.
PRESENT :
The proprietary and Governour.
William Clark,
Edwd Shippen, Esq'rs. Humph. Murray,
Thos. Story,
Esq'rs.
Saml. Carpenter,
Ja. Atkinson, John Dickinson, Cha. Read and Thos. Masters, four of the Six Commrs appointed by the Govr and Council for regulating the Streets and Water Courses of the Town of Philadia, &c, pursuant to a late Act of Assembly for that end made and provided, having by a Writing under their Hands, bearing date the 25th instant, re- ported to the Govr and Council, That In pursuance of their Com-
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mission, bearing date ye 24th, 1701, impowering them, wth ye assistance of two Justices of the Peace, to Calculate the Charge of Regulating the Streets and bridges, &c., in the Town of Philadia, they had duly Considered the same, and Judged that the most ne- cessary repairs at the ends of the Streets and Bridges of the Said Town, would, according to the most sparing and cheapest way of management, require the sum of 500Es to Compleat the Same.
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