USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 53
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Accordingly the Secry. spoke to them by their Interpreters largely, of which the substance was as follows.
That notwithstanding they had not been Expressly sent for, (as they had been told before,) yet they were very welcome, the Govr. being a stranger amongst them, was now very glad to see them.
That the chain of friendship had been so often confirmed between them and us, that there remained very little now to say on that head. We had always considered them as our Brothers in all proceedings with them, & should always desire to do the same ; there was nothing but Love and peace between them & us, and as often as ever we mett we should still renew the Expressions of it, desiring that it might be extended to all posterity, & that the aged father should inform their children of the friendship that has always been main- tained amongst us, that so in every generation it may continually grow stronger.
That since as our friends and brothers the had come to see us, We could not suffer them to depart without some token of our friend- ship, & therefore desired them to accept of the present that was there laid before them, which was
1 Cwt. of Powder in 4 small Casks.
2 Cwt. of Lead.
4 Stroudwater matchcoats.
1 Dozen good Linnen shirts.
1} Dozen of Stockins.
100 flints, & a large quantity of Biskett and Loaves.
These they were told were for their Journey, & the Powder and Lead to furnish them with provisions & skins, they were promised such Liquors & other necessaries as they should want, and then were desired to receive the whole as a further Token of Love, & to distribute it amongst themselves as they should see convenient.
They were largely told of the War between the Queen & ffrance, & the Difference between the Wars among Christians & those among Indians ; that the Christians killed none but at the very time they were in fight, & that all those of either nation that behaved them- selves peaceably and quietly had free Liberty to live in the others Dominions without molestation; that accordingly we suffered many french do live amongst us, some of whom traded amongst them ; Yet the Indians were earnestly pressed to observe whether any of those ffrench Traders did at any time spread stories amongst them Relating to the ffrench nation ; that in Case they did, those of the Indians who heard them should immediately inform the Govmt., and such Trader should never more be permitted to go abroad amongst them ; for that tho' they were suffered to live and Trade amongst us, yet it was upon Condition that they behaved themselves in all Re- spects as English subjects & no others.
The Indians hereupon were further acquainted with the success of this present war; that these cautions arose not from any unwil- lingness that they should be informed of what passed in Europe, provided the acct. given them were true & honest, but that we had reason to believe they had been frequently imposed on & abused,
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and therefore we were resolved severely to punish the Reporters of all false news among them; that they had reced. an acct. of an Ex- pedition designed agst. Canada, of wch the post Just now arriving & bringing Letters, which they had heard read at the Board, gave an acct. that the fleet, consisting of about 75 Great Vessels, of which several were great ships of War, might be hourly Expected at Boston, having said from England the latter end of May; that the Design of this Expedition was to take Canada from the french, so that all the Christians on this part of the main should be subjects only to the Crown of England ; that great preparations were made for it, & most or all the five nations had already joyned with the English in it; that perhaps before they ,returned home they might receive a message from those nations concerning it.
The Secry added that the Govr. hoped they had been civilly & kindly treated since their arrival here, & not received any Injuries from any of our People ; if they had, and would mention it, they should receive satisfaction.
They answered they had been kindly treated, and had nothing to Complain of; that all was well, and having nothing to add further than their general Expressions of friendship, Love and good will, with wch they Closed the Treaty, they took their present & Departed.
The Govr. having reced. a Paper this morning from the Assembly, it was read in these words.
The Assemblie's answer to the Govrs. speech of ye 27th of July, 1709.
May it Please the Governour :
We are heartily sorry for the losses of our neighbours at Lewis, & if Providence should permitt the Enemy to come nearer, the Govr. has been already acquainted how far the Generality of the People of this Province can oppose such an attempt. We are Credibly informed that the Queen, out of her wonted care for the Protection of her subjects in these parts, as well as the Trade of the bay and the River, has ordered one of her men of War, Called the Garland, lately arrived in Virginia, to Cruise between our Capes and Cape Atteras, and provide a sloop to tend him, so that it may be expected that the coast will soon be Cleared of those Privateers.
We admire that notwithstanding the great sums that have been raised lately for the support of this Govmt., and to defray the Pub- lick Exigencies thereof, we are Left so unprovided as the Govr. is pleased to mention ; we cannot without Violateing our Trust, but Earnestly request the Governour's assistance to call the late Gover- nour and Secry. to account, and that they may not be suffered to depart this province before they render an acct., and make satisfac- tion for that money, wch should have been applyed for the use of the Publick.
We have agreed that over and above the 500 pounds lately voted for the Queen, there shall be raised the sum of £300, as a fund to pay for all necessary Expresses, and defray some other Publick
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Charges, whereof the Present now made to the Indians at thy Re- quest, will be part.
In the next place we agreed to raise £200 to augment those per- quisites, That are properly applycable to thy own support, wch. we freely Grant as our Benevolence, Expecting no other returns but thy Candid Construction of our proceedings, and hearty concurrence in Redressing the Publick grievances of this Province, Divers of them haveing been heretofore Laid before thee.
We return thee the thanks of this house for the kind assurance thou hast given us of thy Readiness to assent to what is necessary for the General good, wch. as it answers the true end of Govmt., so must it necessarily Gain the hearts & affections, as well as purses of the people under it, to whom a Change will then be very unac- ceptable.
We readily grant that the shortest methods to obtain this, are the most desireable, and once more recommend to thy Consideration those bills prepared by former assemblys, and agreed to by this House, being about Eleven or Twelve in number, vizt : the Bill for Establishing Courts, and Regulating the Exorbitant fees of officers, the bill for settling property, Impowering Religious society, &ct., to buy and sell Lands, a supplementary Act for County Levies, &ct. ; with the others long since laid before the late Lt. Governr. where- unto we earnestly desire thy concurrence, with what other reasonable bills may be prepared by this Assembly, or otherwise be pleased to lett us know thy objections to those bills, and we shall readily agree to any reasonable proposals of amendments to them with all possible dispatch.
Signed by order of the House of Representatives, N. C. D. July ye 29th, 1709. DAVID LLOYD, Speaker.
To which answer a reply was agreed on, & Ord'd to be drawn up, & accordingly it was done in the following words :
The Govr. to the Assembly,
GENT:
I have been made sensible 'tis true that a great part of the Inha- bitants of this Province cannot, in any case bear arms, and there- fore I have not pressed it upon them ; what I now offer is, that with a necessary supply of money many things might be done for our greater security, without engaging any man against his Religious Perswasion.
I am intirely ignorant what Ordrs. the Commander of the Garland has reced. in relation to this place, & should be glad to be informed by any that know. If her station be certainly what you mention, a small expence from this Govmt. might render Her more serviceable to us.
I am willing, Gent., to assist in any thing that becomes me in my station, but know not well how to understand what you now propose to me. Coll. Evans affirms, that he reced. only what was directly allowed by the assembly for his own support, & thinks not himself at all accountable for it. The Secry. seems to admire what induced
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the House to name him upon this occasion, there being none of it payable to him but for his own services as an officer.
I give you my thanks for taking my support into your considera- tion, & hope yt a Resolution on all hands to serve the Publick by the directest method, & to promote unanimity & a good understand- ing among the People, will render future Provisions of this kind more easy. I shall be ready to agree, as I have told you, to any thing that is consistent with my duty & the Trust reposed in me, beyond which I hope none will Expect me to move.
I find several bills that have been sent Up to the late Govr. which were not agreed to, of which the principal seems to be the bill of Courts. Concerning this ; I am to inform you, that tho' the Propr. is not at all against the Establishment of Courts by a Law, yet that I am obliged by his Instructions not to agree to those points in that bill, that either break in upon his Powers in Govmt. or his Just Interest, wth which I cannot see why a bill for Establishing Courts should Interfere. I am informed also, that the whole Constitution of Courts, as laid down in that Bill might be very much mended ; all that is to be desired in this case is, that the Courts be sufficiently settled for the Ease and security of the People, without grasping further, & to such a Law I shall readily agree.
A Regulation of fees I perceive is Extreamly wanted, & ought to be drawn into a distinct bill ; Many of those in the Bill of Courts seem to be too short on the one hand, as the Excessive Demands of some officers are extravagant on the other, all which ought to be moderately and reasonably settled.
Tho' I have caused the Bills I have mentioned to be viewed, yet I cannot think it proper to Consider them fully, unless they were the acts of this present House, & therefore have now sent them to you to be further Considered.
Ordered, that James Logan & Richard Hill Carry the sd. mes- sage.
At a Council held at Philadia., the 11th of Augt., 1709.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
James Logan,
Isaac Norris,
Willm. Trent, Esq'rs. Saml. Preston,
Richd. Hill,
Es's.
A Petition & Complaint from Benjamin Chambers to the Board, was read, setting forth, that pursuant to his Covenants, formerly entered into with this Govmt., at ye first erecting of his ferry over Skuylkill River, being employed in Repairing ye long Causey lead- ing to the ferry on this side the said River, he was attacked by Andrew Sandal, minister of the Swedish Church in the County of Philadia., & by Violence drove from his work thereon ; Whereupon, 'Tis Ordered, that the said minister, Andrew Sandal, attend this board the 16th Instant, about Eleven in the forenoon, to render an
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acct. of the said act, and the reason of his Interrupting a person employed in the Queen's High Way, in the necessary repairs thereof.
The Sherif of Philadia. attending with his accts., produced Lists of the persons that have not paid, drawn regularly out, and reduced under several Distinct heads, viz : such as were dead and left no Estate, that could be mett with ; such as had left the Countrey; such as were Charged with Estates for which they were not to answer ; such as were so poor as they were not able to pay ; such as had already paid, tho' they had not Credit in the books ; Such as had wheat ready in the mills, &c. All which being viewed, 'tis Ord'd. that those who affirm they have already paid Capt. ffinney, be Called Upon by the Sherif to meet at ye Treasurers, on 2d, or Mon- day next, there to make out their allegations, and ye whole business of the Taxes is further recommended to the same Committee that was appointed ye 27th of last month, for inspecting the same.
Adjourned to 3d, or Tuesday next.
At a Council held at Philadia, the 16th August, 1709. PRESENT :
The Honble CHA. GOOKIN, Esqr., Lieut Govr.
Edwd. Shippen,
James Logan, r
Griffith Owen,
Esq'rs. Richd. Hill, 1 Esq'rs.
Saml. ffinney,
Isaac Norris.
Caleb Pusey.
The Govr. acquainted the Board that he had recd. a message from the Assembly, (which according to their last adjournmt. with his approbation had mett yesterday,) Desiring him to send the House his particular objections against the bill of Courts, that they might be the better able to amend it, & that for this purpose they had at the same time sent up the bill itself, which message the Govr. de- sired the Board to Consider.
The last objections made by the late Govr. & Council in febry., 1706, with the Assembly's answers at that time, and several minutes of Council relating to the same, were hereupon read, by which it appeared the Debates upon the bill had been so high that it would be very improper at this time to suffer them to be entered on again, and therefore a message to the House was agreed on, which the Secry. was Ordered to draw up according to the Instructions now ·given him.
Andrew Sandal, the Swedish minister, according to order, ap- peared, and the Petition and Complaint of B. Chambers being read to him, he desired a Copy of it, and that he might have time to answer it, being now new to him, for that he had not notice to appear at the board till last night.
Ordered, that he have time till the first Council day next week.
According to Order, a message was prepared by the Secry in these words :
ffrom ye Govr. to the Assembly, a Message, Augst. 16th, 1799.
The Govr. to Comply with the Assembly's Request in Relation to
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the Bill of Courts, has caused the most material papers that passed between the Govr. & Council on the one hand, & the Assembly of this Province, Chosen in the year 1706, on the other, Relating to the bill of Courts now Recommended to the Governours Consideration, to be read at the Council board, and finds the objections & answers & Reply's upon them to have been debates, branched into so many heads, that it would Require more time and labour than can be now spared to Consider them all.
Wherefore he is opinion, that the best & most effectual method to have that business Dispatched, would be to take the Essential parts of the Bill as they were drawn into the Ordinance, by which the present Courts are now Established into Consideration, and upon the experience had from the practice of the Courts since that time, to make such alterations as may appear most convenient for the Dis- patch of business or necessary for the publick good ; and to add such other matters out of the said bill as will be of use for practice, & are necessary to be enacted into a Law, waving whatever has been the subject of those long debates, because that without any of these ad- ditions, it appears that courts may be effectually settled and Justice duly administered, which is all in this case that is to be Labour'd for.
Some of the alterations that are thought necessary to be made in that part of the bill by which the Courts have been Established, are represented to be these ; that a more general Jurisdiction for the Pro- vincial Court would be Convenient; That the Courts of Equity ought to be held by other persons than those who make up the Courts of Common pleas, and that these last ought in the County of Philadia. to be distinguished and divided from the Courts of Quarter Sessions for the said County, besides wch 'tis probable the Assembly may find some other particulars fitt to be Received.
The Govr. is very Desirous that a bill of fees distinct from that of Courts may be immediately proceeded upon, by a Committee as he before proposed, for he is of opinion with the Council, that it will be the safest method to bring each distinct matter into a separate act, that in case one be rejected at home, the Rest may not fall with it.
He seriously Recommends dispatch to the House in all things ne- cessary for the Honour, well being and safety of the Govmt., and that nothing be suffered to Interfere with those great ends.
At a Council held at Philadia., the 17th of Augst., 1709.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Governour.
Edward Shippen, 1 Richard Hill,
James Logan, Esq'rs. Isaac Norris, Esq'rs.
Joseph Growdon,
Saml. Preston,
The Govr. informed the board, that he had this morning reced. a
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verbal message from the House, by which they desired to have his answer concerning the Petition presented to them by the Swedes, of which they had formerly sent the Govr. a Copy ; for that the Swedes were urgent with the House to have an answer, and if they could not obtain relief here, designed to apply to the Swedish ambassador in England.
This Language of the Swedes appearing exceedingly Insolent ; It was ordered, that the House for preventing mistakes, should be re- quired to send their said message in writing, as also to send a Perfect Copy of the said Petition, with the names of all the subscribers to the same, in which the Copy delivered to the Govr. was deficient, and Saml. Preston is ordered to go to the House & Deliver the said mes- sage.
In pursuance of an order of Council, dated ye 15th day of May, 1706, relating to ye Naturalization of the High & low Germans ; the said Germans presented to the Board a Draught of a bill for their naturalization, prepared as they say, by the attorney Genl., which they prayed might be Recommended to the House to be past into an act, which was read, & the design thereof being approved of, it was ordered that the matter should be accordingly recommended to the House.
Samuel Preston returning, reported that he had deliver'd the mes- sage which he had in charge to the House, & that they answered that they would send the solicitors of the said Petition, who had this day been waiting on the House, to the Govr., that he might be sat- isfied from themselves, in what he desired of them.
The Secry. was ordered to go immediately to the House, & re- quire of them a perfect copy of the said Petition, with all the names added, also to require an acct. of the persons who had threatened to apply to ye Swedish ambassador.
The Secry. returning, reported he had delivered the said message, and that the Speaker answered that the House would take the first part of the message into consideration ; but that if the members of Assembly who brought the said message to the Govr. this morning, had mentioned any thing of the Swedes applying to ye ambassador of that nation in England, it was a mistake : for that they had no such thing in charge, to prove which they had read to him the mi- nute made upon it, in which no such expression was contained.
In the Secrys. absence, the Govr. reced. from the House the mes- sage Deliver'd him verbally this morning, now drawn up in writing, in these words :
Ordered, that Joshua Hoopes, Abra. Bickley, & Henry Lewis, do wait upon the Govr., and acquaint him that some of the Swedes have been with the Assembly, requesting an answer to their Petition, a Copy whereof the House had lately sent to the Govr., therefore do desire to know the Govrs. Result and Conclusion upon the said Peti- tion, also to acquaint him that the House waits to know his objec- tions to the bill of Courts.
Three Swedes, by name Morton Mortonson, Matthias Nitzilius, & Neils Lykin, the Solicitors of the above mentioned Petition, by direc-
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tions from the House, waited upon the Govr .; who being asked whether they came to speak to the aforesaid Petition, answered they did, and being read to them, they were asked if they owned it as theirs, to which they also answered in the affirmative. The matter of the said Petition was then largely spoke to, by most of the mem- bers present, & the Solicitors were informed that they had taken wrong steps to obtain relief, if they were really injured, for that this could be had only by application to the Proprietor himself, or his Commissioners, or else by Law, the only method of redress amongst the English, when other means fail; that if it was intended (as was generally understood,) that they thought themselves injured by being obliged to pay a bushl. of wheat for every hund'd. acres they held, this was no Injury, but pursuant to the first agreement with the English Govmt. for their lands, & wth. which the English, & those of all other nations here, as well as Swedes Complied ; that if any of them had been injured in losing a part of their lands, upon the first settlement of the Proprys. great Colony amongst them, (the Secry. affirmed he knew but of one instance of the kind, & never heard of more than two,) the persons suffering ought to complain in a proper way, & not those of the nation conspire together, to make themselves a faction; that several at the board were sensible what they had done was not of themselves, but at the instigation of some very ill disposed persons, highly disaffected against the Propr. and his Govmt. ; That they were extremely ungrateful to the Propr., to suffer themselves to be thus made use of by his late Enemies, for that it was most certain no People in the province had been more kindly treated, or more highly indulged by the Propr., ever since his first settlement of this Colony, than the Swedes had Constantly been ; & therefore, that if they behaved themselves so unworthy of those favours, they might find their Error when they could not so well remedy themselves : for that if they Caball'd with the enemies of the Govmt., they could not be considered otherwise than as such, but as they had always behaved themselves peaceably & as good sub- jects hitherto, so they ought for their own sakes, to continue such, and if any particular of them had any cause of Complaint, if they would apply themselves properly, as the English and all other subjects must do, they would certainly be as much regarded as any other.
They were further questioned concerning that expression in their Petition, where they say they are not lyable to pay any Rents to the Propr. ; to which they answered, yt they did not know they were lyable for that the rents were reserved to the Queen ; they were asked whether they were not sensible, that all this Province had been intirely granted by the Crown to the Propr., & that he had been in Possession of it, & reced. all the Rents for above twenty five Years ; they answered they know not; & several times declared they were men altogether ignorant of the Laws & no masters of Language ; that they were unskilled in these matters, but had lately been made sensible that they had been abused, &c.
The Secry. cleared himself of the charge agst. him in the said
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Petition, & made it appear that he had not given any occasion for the Invective language they had used against him ; and upon the whole it being most manifest, that the Petitrs. had been seduced by such ill disposed persons as have been mentioned & used only to serve a malicious end, they were advised to take more care of them- selves for the future, and not to render themselves obnoxious to their best friends, by facitious Caballing, only to gratify the ill- nature of those who never intended nor were capable of serving them.
At a Council held at Philadia., the 18th of Augst., 1709, P. M. PRESENT :
The Honble CHA GOOKIN, Esqr., Ltt. Govr.
Edward Shippen,
Richard Hill,
James Logan,
Isaac Norris,
Joseph Growdon, Esq'rs.
Saml. Preston,
Esq'rs.
Griffith Owen,
Antny. Palmer.
William Trent,
The Govr. laid before the board a Message he had this morning reced. from ye House, which was read in these words.
The Assembly's answer to ye Govrs. Message of the 16th of Augst., brought to ye House ye 17th of the same month. May it please the Govr. :
Though the debates between the Govr. and Assembly, in the year 1706, upon the bill of Courts, were branched into many heads as thou art pleased to observe ; Yett we find that assembly conceded to Divers amendments than proposed to accommodate it to the Gover- nours mind, so that there Remained only two Particulars to wch they could not agree; and although we are of opinion the bill is better adapted to the circumstances of this Province in General, ac- cording to the first Draught, yet we are also willing to agree to those amendments, and if thou insist on the particulars then objected against, or any others, we Desire to hear the particulars, and we hope to give the full satisfaction Concerning them, (Instead of the method thou proposes, ) wthout loss of time.
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