USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 43
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Also, that another native of france or its Dominions, ffrancois by name, having for some time Continued among our Indians on Sas- quehannagh, without any License, had principally concerned himself in a barbarous murther, committed by the Shawanois upon one of their captive Enemies, for which act, because it would be accounted to be done by a Christian, & therefore might be of very ill conse- quence; the Govr. had caused him also to be apprehended & brought to Philadia., where he likewise is now in Goal.
And the Govr. hereupon desires the opinion of ye Board, and to Conclude upon such measures as may be safest and most regular for their trial.
A Question arose by what Law the said Nicole ought properly to be tried, & under what Denomination he ought to be Considered, whether as a subject of England since he had for many years resided in its Dominions, or as a subject of ffrance without protection, and therefore as a publick Enemy, or lastly as a spy.
But the matter being of some Concernmt. to Publick Peace & safty ; it is Resolved, that measures may be taken to have the best
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advice from those who are skilled in the Law, as well in that of Engld. as the Law of Nations & of arms. And in the first place, the att'ny. General was sent for to attend, & after some small time spent in Debate, it is further ordered, that John Moore & Thos. Clark, two other Practitioners of the Law, be also called to assist with their best advice ; who attending, accordingly the Govr. recount- ed the whole state of the matter, and requested their advice together with the said att'ny. upon this Point, viz :
Under what denomination a person is to be considered, who being born a Vassal of ffrance, and has never yet been taken into the pro- tection of her Majesty's Govmt., tho' he has long continued within the limits thereof, has in the time of such Continuance, Endea- voured to raise the Indians that are our frds. and allies to Enmity and war against us, and to Joyn with the said persons Countrymen ye ffrench, at present our Publick Enemy, to invade & Destroy her majesty's subjects, and to what manner of Trial such a Person is Intituled ; Or, in case it may be thought that the said person, by his long continuance within the bounds of the English Dominions, & by his once having a Licence for a few months to trade in the Province, has been under the Protection of the Crown of England, yet if he has been guilty of such practices as aforesd. how is he then to be considered, & in what manner to have his trial.
Upon wch Case, the sd. attory. Genl. & other Gentlemen were de- sired to give their opinions, and then adjourned.
At a Council Held at Philadia., ye 22d of July, 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
John Guest,
Thomas Story, Esq'rs.
James Logan,
Griffith Owen,
Richd. Hill.
Esq'rs.
The Govr. laid before the Board an acct. of his last Journey among the Indians, in these words.
The Govr. with Mesrs. John ffrench, Wm. Tonge, Mitchel Be- zaillion, - Grey, & four servants, sett out from Newcastle the 27th of June, and ye next morning arrived at Otteraroe, where the Govr. was presented with some skins by the Indians, and the same night we arrived at Pequehan, being received at Martines by O Pes- sah and some Indian Chiefs, who conducted us to the town, at our Entrance into which place we were saluted by the Indians with a Volley of small arms. On Munday we went to Dekanoagah, upon the river Sasquehannagh, being about nine miles Distance from Peque- han. Sometime after our Coming here a meeting was held of the Shawanois, Senequois and Canoise Indians, and the Nantikoke In- dians from the 7 following Towns, vizt., Matcheattochousie, Match- couchtin, Witichquaom, Natahquois, Teahquois, Byengeahtein, & Pohecommoati, an Indian presented to the Governr. and his Com- pany, and all ye Indians there present, a large pipe with Tobacco, out
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of which every one smoakt, and then the Govr. acquainted the In- dians that he had reced. a message from the Senequois Indians of Conestogoe and those of Pequehan, how that several strange Indians were amongst them, and Desired his presence there ; that although he had the charge & care of many thousands of the Great Queen of Englands subjects, yet he was now come to this place to know their Desires, and was willing to serve them in whatsoever lay in his power; To which a Nantikoke Indian replied, that they were ex- treamly glad the Govr. was with them, and that they had waited ten days to see him. Adjunkoe, one of the Sachemaes of Conestogoe said, he was well satisfied with the Relation the Nantikoke Indians had given him of their affairs. Yet notwithstanding he was very de- sirous they should make it known to the Governour that he might also be satisfied with it, a nantikoke Indian took into his hands a Belt of Wampum from a Line whereon there was hung nineteen others, and several strings of Beads, and said they had been given to understand the Queen had sent Orders, that the Indians should live in peace wth one another, and that they were sent to give some of those Belts in behalf of the Govr. of Maryland, and themselves to the five nations as our Indians also intended to do others for Pennsylvania & themselves, if the Govr. thought fitt, in order to Renew their League wth the five nations.
Govr. How long have you been at peace wth those nations ?
Nant Ind. 27 years.
Govr. What is the reason then of so many Belts of Wampum & Strings of Beads ?
Nant. Ind. We send them as a tribute.
Govr. I am very well satisfied with what has been told me, & with what the Govr. of Maryland has done, and had I been acquaint- ed with this Business at Philadia., I would have sent a belt of Wam- pum as a token of friendship, to the five nations ; but some of those five nations were with me not long since, by whom I sent a belt ; and then Adjunkoe took a belt in his hands, saying he meant to send it to the five nations for Penn and themselves.
Indian Harry, by order of the Conestogo Sachemaes, spoke in English to the Nantikoke, who all understood that language, as fol- lows, vizt : Your are going to the Oanondagoes ; be sure keep on your way ; many may tell you several things to fright you, and that they are great men, and you will be killed. Yet keep on your way and believe them not, for you will find the King of the five nations a very great one, and as good a king as any amongst the Indians.
Govr. I am very glad to see you altogether at this time, and it is my desire, and shall be my Endeavour, that you all live in peace. Your Enemies are ours, and whosoever shall pretend to Injure you, I will endeavour that you shall have satisfaction made for it. Then the Conference ended, and the Govr. treated ye Indian Chiefs at Dinner, and at night returned to Pequehan.
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PRESENT :
Shawanoise Indians, & some of the five nations.
O Pessah spoke in behalf of the youth of his Town, as follows, vizt :
We thank the Governour for his kindness in supporting our people. We are happy to live in a Countrey at Peace, and, not as in these Parts, where we formerly liv'd ; for then upon our return from hunting, We found our Town suprized and our women and children taken prisoners by our Enemies.
Governr. The Indians may be assured of my protection, for we are one people. If in your absence any of your Enemies Endeavour to hurt any of your wives or children, they shall have redress ; for I esteem an Injury done to you as to myself.
O Pessah. It was the nantikoke and Canoise Indians who sent for Our ffather, the Govr., and not we, therefore we are very sorry they Entertained him no better; but since they have not been so kind as they ought, We hope the Govr. will accept of our small present, which we now make him; for we are sensible the ways are bad, and that the Bushes ware out your Cloths, for which reason we give these skins to make Gloves, Stockings & Breeches, in place of those wore out.
Govr. I am well pleased with my Journey, and shall be always ready to do the like to preserve peace amongst you at home, and maintain your alliances abroad. I have now (to let you see what confidence I have in you, ) Trusted myself in the midst of you, with a very few of our great Queen's subjects, although I could easily have brought with me very great numbers. I have been told that some ill Designing persons have frequently raised reports of my In- tention to destroy you ; Pray, let me know the authors of these re- ports, and they shall be punished according to their Deserts. I am and always have been ready to do you all manner of Good offices, and will continue in the same mind towards you, therefore if any Person Insinuates the contrary to you, It is my mind that you secure their persons, and give me Immediate notice of it. There has been formerly several alliances made with you, which you well know we on our parts have observed punctually ; and so shall continue to do, & wish you may do the same.
Then an Indian spoke in behalf of the women. We are conclud- ed in the alliances before spoken of, as well as our men ; so we ask the Govrs. Protection, and desire the Govr. will kindly accept this present of skins, which freely we make him, as a Testimony of our kindness.
Govr. I do accept your present very kindly, and thank you for the same ; & you shall always find me ready to protect and defend you and will continue to trust you as friends and sisters. After which the Govr. spoke to the messenger from the five nations as follows, vizt. :
You must be sure you Remember to acquaint your Chiefs that
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you have seen me here, and at the Shawanoise Town ; & of the friendship and alliance that is betwixt us and the Indians.
O Pessah. I hope the Govr. will give us his hand in token of his friendship.
Govr. I will give not only my hand, but my heart.
During our abode at Pequehan, several of the Shaonois Indians, from ye Southward, came to settle here, and were admitted so to do by O Pessah, with the Govrs. consent ; at the same time an Indian from a Shaonois Town, near Carolina, came in, and gave an acct. that 450 of the fflatt-headed Indians had beseiged them ; and that in all probability, the same was taken. Bezallion informed the Govr. that the Shaonois of Carolina, (he was told), had killed several Christians ; whereupon the Governmt. of that Province raised the said fflatt-headed Indians, and joined some Christians to them, beseiged, and have taken as it is thought, the said Shaonois Town.
On Tuesday, 1st July, We went to Conestogoe, and lay there that night, and the next morning proceeded on our journey, and arrived in the Evening within 3 miles of an Indian Village, called Peixtan. The Govr. had received Information at Pequehan, that one Nicole, a ffrench Indian Trader, was at that place, agst. whom great Com- plaints had been made to the Govr. of which he acquainted the Chief Indian of Peixtan, as also of his design to seize him; who willingly agreed to it, but advised the Govr. to be very cautious in the manner : their being only young People at home, who perhaps might make some Resistance, if it were done without their first being told of it ; for this reason we lay short of the Village that night ; but Early in the morning we went within half a mile of the Town, & leaving our horses, march'd a foot nearer the same; from whence the Govr. sent Martine to the Village ; Ordering him to tell Nicole that he had brought 2 Caggs of Rum with him, which he had left in the woods, for fear any Christians were there ; and withal to perswade Nicole to go with him and taste the Rum. Martine returned with James Letort, & Joseph Jessop, 2 Indian Traders, but could not prevail with Nicole ; upon this Martine was sent back, with Orders to bring down some of the Indians, and Nicole with them; then we drew nearer the Town, and laid ourselves in the bushes, and Martine returned with 2 Indians, whom the Govr. ac- quainted with his intent of taking Nicole, telling at the same time, he had spoken with to the Uncle of one of them upon that head, who ordered the Indians to submitt to the Govrs. Commands, with which they were contented, tho' we perceived too well the contrary, by their inquiring how many we were, and how armed; and by the Concern they seemed to be in, when they found we were more men in number than they : but still Nicole was wanting; it was there- fore Resolved to try once more if he could be got into the woods, accordingly Martine went again, and brought Nicole to that place where we lay concealed, and asking him to drink a dram, he seized him; but Nicole started from him and run for it, when imme- diately we started out and took him, and presently carried him to
1
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the Village, (thro' which we were obliged to pass,) and there we found some Indians with Guns in their hands, who lookt. much dis- pleased at what he had done, but we being in a readiness against any surprize, they thought it not fitt to attempt any thing; here we stayed abot. half an hour, and then parted for Turpyhocken ; having mounted Nicole upon a horse, and tied his legs under the Belly; we got within a mile of Turpyhocken about 2 of ye Clock, on fryday morning, and about 7 the Govr. went to the town, from thence we went to Manatawny that night, & the next day to Phila- delphia.
John Moore, of Philadia., Esq., & Thos. Clark, two of the prac- titioners of the Law, to whom the case concerning the ffrench Prisoner, Nicole Godin, was referred, having given in their opinions to the Board in writing, and the attorney Genl. being called on, but not having his ready ; It was further alleged to be reported that the said Nicole, tho' a ffrenchman in speech & extract, yet was really born in the city of London, and therefore a natural born subject of ye Queen.
Edw. ffarmer, having long had knowledge of the said Nicole, & being now in town, was sent for, who appearing declared that he often heard the Prisoner say that he was born (as he remembers) in Whitefryers, in London, but that his ffather came from Paris.
The said Nicole, ye Prisoner himself, was sent for, to be examined before the board, and being brought in Custody of the Sherif, In answer to the several questions asked him by the Govr., he said that according to what his mother Informed him, he was born in Blackfryers, in London; that his mother carried him over into ffrance, and that his uncle had sent for him over again to Lond. ; that about Twenty years ago he was brought over into this Country, with a ffrench Gentleman, who came hither upon the acct. of Doctr. Cox ; & being asked what Countreyman he accounted himself, he answered that he now reckoned himself a subject of the Queen of England, tho' of ffrench Parentage.
The Prisoner being remanded, It was ordered, That he should be tried by Indictments, as a subject of England, by the most expedi- tious methods, of which the attny. Genl. is to be acquainted, & required to prepare for it accordingly.
The Govr. Informed the Board, that several Strange Indians from Carolina, had lately arrived at the Shawanois Town, on Sasque- hannagh, while he himself was there, of whom, and their coming away, there are various Reports.
Ordered, That a message be sent by Martin Chartiere, an In- habit't. among the sd. Shawanois, at Peckquea, near Conestogoe, & now in Philadia., Desiring the Chief of said Shawanois, himself, or two or three of the Council, together with some of the principal of those Strangers, to Come to Philadia. as speedily as they conveniently can, and give the Govr. an acct, of the said strangers, and their reasons of leaving their native Country, to transport themselves hither.
Ordered, that the several Sherifs, of the respective Counties,
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appear without fail at this Board, on ye 29th of this Instant, with their acct. of the Taxes committed to them, to be collected in pur- suance of the Order of the 18th of April last.
At a Council held at Philadia, ye 30th of July, 1707. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Judge Guest,
James Logan,
Esq'rs.
Thos. Story, Esqr's. Richd, Hill.
Griffith Owen.
The accts. of the Sherif of Bucks were laid before the Board, in which accts. he returns divers persons not resident in the County. Ord'd. that he further attend to have Directions.
The Sheriff of Philadia. likewise attended with the Lists of the Taxes, and informed that he mett with some difficulties about which he desires the advice of the Board.
1. That divers persons who are returned by Capt. ffinney, not to have paid, produce Receipts, proving that they have actually pd. & others offer to prove paymt. by good Evidences, notwithstanding they took not Receipts.
2dly. That there are divers Lotts assessed in Philadelphia, which are not seated, and therefore he can find no person to answer for them.
3dly. When Exrs. in some cases refuse to pay for their Testators Estates, what method shall be taken to recover them.
The said Questions, with some other matters relating to those Taxes, being entered upon, & some time spent on the debate, the matter was adjourned to be further considered at next sitting.
At a Council held at Philadia., ye 6th of August, 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
John Guest,
James Logan,
Saml. Carpenter, Esq'rs. Richd. Hill, Esq'rs.
Griffith Owen,
George Roche,
What the Sherif of Philadia. had requested to be directed in by the Board at last sitting, was taken into consideration, and he was Ordered, in answer to his first proposal. To return to this Board the names of all such as alledged they had already paid Capt. ffinney their Respective Tax, and were ready to give any credible Proofs of it.
To ye 2d. To draw up a List of all such Lotts to be returned to the Assessors or County Court.
To ye 3d. To give also an Acct. to the Board of such person's Estates as were deceased, and their Exrs refused to pay their assess- ments.
A Petition from Peter Evans was read, Shewing, That whereas
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the Petitioner is under an obligation to Collect the Remainder of Several Taxes, now due in the County of Philadia., which he is sensible Requires considerable Time and Diligence, he cannot, be- cause of the necessity he lies under to execute the several branches of the Sherifs Office, afford so much time & use such sedulity as is requisite to collect the sd. arrears ; and is further satisfied that no advantage can be reaped from the said Office, sufficient to compen- sate the expence he should sustain, if injoyned solely to perform so ungratefull a Business, grown rusty with so many years negli- gence.
The Petitionr., therefore, craves of the Board to Consider the premises, and in Regard the said Collection cannot be compleated without such unwearied Diligence as cannot be expected from one whose Concerns in another Office must not be postponed ; That therefore the Board would appoint certain Persons in so many Districts of this County, as they shall think fitt, if not for both the Taxes incumbent on the Petitionr., at least for the former, (viz. : the Proprs. Tax of £2000,) Which Petition being Considered and largely Debated, it was Resolved, That the Petitioner, without any further Excuse or Delay, be obliged, without distinction, to Collect both the Taxes, upon pain of incurring the Forfeiteres inflicted by the said Laws. The Sherif of Chester County, who had the Collection of the Taxes for that Couniy in Charge, appear- ing according to Order, and being found, upon Inquiry, to have made but a very Small Progress in Collecting the Arrears of the sd. Taxes, since the Ordr. of the 18th of April last, by which he was enjoyned, without fail, to finish the said Collection before the first day of July last, upon pain of incurring all the Penalties and forfei- tures for that such neglects are to be inflicted by the Law.
It was ordered, that he should have further time given him till the 15th of September next, to finish the said collection, within wch time if he should not compleat the said collection, he should be fined for his Neglect to the utmost rigour of the Law.
The Govr. laid before the Board, accts. of the Expence he had been at in two several Journeys he had made amongst the Indians on Sasquehannagh, the one in September last, the other a few weeks ago, which he desired the Board to Consider, and allow the same to be paid out of the Fifty Pounds per annum, granted by the As- sembly for defraying the Charges of Treaties with the Indians ; And that the Board might, with the greater Conveniency, enter upon the Consideration of the said accts., he desired they would appoint a time and meet by themselves in his absence, and then adjourned.
At a Council held at Philadia, ye 12th of August, 1707.
PRESENT :
Saml. Carpenter, William Trent,
} Esq'rs.
Richd. Hill, George Roche. S Esq'rs.
James Logan,
A.
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The present members of Council having mett according to the Govrs. Request, to Consider his accts., the Law entitled an Act for maintaining a better Correspondence with the Indians, by a Clause, in which Law an allowance is made for discharging the Expence of Treaties with the Indians was read, but some difficulties arising upon it, the matter was adjourned till ten in the morning, at which time a full Council is appointed.
At a Council held at Philadia., ye 13th of Augt., 1707.
PRESENT :
Thos. Story, r Esq'rs.
James Logan, r Esq'rs.
Jasper Yeats,
Richd. Hill,
Willm. Trent,
George Roche.
The accts. laid before the Board by the Governr., together with that clause of the Law, by which such Charges are to be allowed were taken into consideration, and some considerable time being spent thereon, the Board came to this Resolution ; That the Govers. last Expedition among the Indians, occasion'd by a message to him from those of Conestogoe & the adjacent places, upon the Nantikokes De- sign'd Journey to ye five Nations, was necessary for the good & for the service of the Publick, and that the Govr. shewed his care of it therein ; that therefore all the necessary charges of the said Journey ought to be defrayed by ye Publick. But inasmuch as the circum- stances of time would not allow the Govr., being then at New- castle, to communicate the said journey to and advice the Coun- cil concerning ye same, and seeing ye Law for defraying such charges seems to Provide, that all messages and treaties that are to be allowed by the Publick, are first to be Ordered by the Govr. and Council. The Board, therefore, is Doubtful that their allowing of the said accts. will scarce be sufficiently warranted by the said Law, and the consideration of the former journey is referr'd to the next sitting.
At a Council held at Philadia, ye 19th of Augst., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Gover. Samuel Carpenter, )
James Logan, Thomas Story, Esq'rs, William Trent, Richd. Hill. } Esq'rs. Griffith Owen,
The Govr. caused to be read to ye Board, a Lettr. wch he had reced. from the Sherif of Newcastle, giving an acct., that on the 18th Instant the Sherif of Cecil county in Maryland, had by Virtue of Provincial Writt of that Governmt., Disseised by force of some of the Welch Settlers in the said County of Newcastle; upon notice whereof, he with several from New Castle had gone thither, seized the said Sherif of Cecil county, with one other person, brought them VOL. II .- 17
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to that Town, & bound the Sherif over to answer it at New Castle Court. That the said Persons talkt very high and menacingly, & therefore the Sherif of Newcastle desired Directions from ye Govr. for his conduct, in case they should proceed any further; and here- upon, the Order of the Board of the 4th of March last, relating to the same affair was considered, in Pursuance of which Order a Let- ter very fully stating the case, had been wrot to the Govr. of Mary- land, who had also answered the same, from all which the Board thinks it reasonable to believe, that the Govr. of Maryland was not at all acquainted with the matter, and therefore 'ts resolved, that the sd. Govr. Should be again wrote to concerning the same, and be put in mind of the great inconveniencies that may Ensue upon such Contentions between the Queens subjects, about matters wch cannot be Decided here, and our Govr. is requested in his own name, to write such a Lettr.
Resolved further, that the Care & Diligence of the Sherif of New- Castle should be acknowledged in this affair, and that he be encou raged to continue the same, if any further attempts be made. The Govr. again pressed the Board to meet to consider his accts., which was deferred the last time they mett, and he appointed five of the clock this afternoon for the time.
At a Council held at Philadia., ye 26th of Augt., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr. Thos. Story, Richd. Hill,
Griff. Owen,
Saml. ffinney, Esq'rs.
George Roche, Esq'rs. James Logan,
Joseph Pidgeon.
The Council not having mett according to appointment, on the 19th Instant. in the afternoon, the Govr. Desired the Board to take the accts. of his Expences, in his late Expeditions among the Indians into Consideration, and come to a full Result and conclusion about them ; and further proposed that he would leave the Council alone to Consider the matter fully by themselves, if they Desired it; But in the first Place, the Govr. Desired the Board to take again into their consideration the scruple that had arose on the 13th Instant, concern- ing his last Journey in not being first Communicated to, and express- ly Ordd. by the Council; for if they were of Opinion that the said Journey was really necessary, they might be well assured in them- selves thet then they would have Ordd. it, if it had been laid before them; but since the message was brought from the Indians to the Govr., at New Castle, where it was then impossible for him to consult with the Council, & the Business requiring very great Dispatch, the Nantikoke Indians being all detained by our Indians for several days to wait the Govrs. arrival among them, he was obliged either to hasten away to them, which was at that time of a apparent necessity, or to stay for want of an order of Council, & thereby entirely neglect
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