Colonial records of Pennsylvania, Vol. II, Part 57

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Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 646


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CHARLES GOOKIN.


vera Copia Exaita. Per P. Evans. At a Council held at Philadia., the 18th of febry., 1709-10.


PRESENT :


The Honble CHA. GOOKIN, Esqr., Ltt. Govr. Edwd. Shippen, 1 Richd. Hill,


Joseph Growdon, Esq'rs. Saml. Preston, S Esq'rs.


Willm. Trent,


Coll. Evans moving to this board that an Indian Boy, Called Mingo, who was imported into this Province about April, 1708, Contrary to an Act of Assembly of this Govmt., may be disposed of by this board, pursuant to the Direction of the said Act; And it appearing that James Heaton, of Bucks County, Claims some property in the said Indian. It is therefore ordered that the said Heaton have notice to give his attendance the Twenty first Inst., at the Hour of two in the afternoon, to be heard if any thing for himself he hath to say in ye matter.


At a Council held at Philadia., the 21st of febry., 1709-10.


PRESENT :


The Honble CHA. GOOKIN, Esqr., Ltt. Govr.


Edw. Shippen,


Joseph Growdon, Esq'Ts.


Caleb Pusey,


George Roche. Esq'rs.


Richard Hill, S


509


PROVINCIAL COUNCIL.


This board having taken into their Consideration the act for pre- venting the Importation of Indian Slaves, and finding that the act does not prescribe after what manner the Conviccon of such forfeit- ures shall be, are of opinion that the most legal way is, to proceed in the Court of Common Pleas, & not before this Board, it being matter of property ; And that after such Conviction, this Board has a Right to sett at Liberty or dispose of such Indians as they shall see cause, & leave the Tryal of the Importation of the sd. Indian Boy to the said Court of Pleas.


At a Council held at Philadia., ye 18th of March, 1709-10. PRESENT :


The Honble. CHA. GOOKIN, Esqr., Lt. Governr. Edwd. Shippen, John Blunston,


Joseph Growdon, Willm. Trent, S Esq'rs. Saml. Preston.


Esq'rs.


The Govr. acquainted the Board that he has been informed one Peter Bizalion, a ffrench man & Roman Catholic, a trader amongst the Indians at Conestogo, has lately spoken some suspicious words, & committed some misdemeanours, whereupon he had caused his Effects to be seized, the better to oblige him to appear & answer unto what should be laid to his Charge, and Crav'd the Advice of the board in the premises, Who came to this Resolve, that ye sd. Bizalion should enter into a Recognizance to the Queen, in five hundred pounds, with two sufficient sureties, in two hund'd. & fifty pounds apiece for the said Bizalions personal appearance at the next sessions of the Peace, to be held at Philadia., for the said County, & his good behaviour himself in the meantime, wch being done, his Effects to be restored to him, paying ye cost of seizure.


At a Council held at Philadia., ye 14th April, 1710.


PRESENT :


Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.


Edwd. Shippen,


Isaac Norris,


Esq'rs.


Griff. Owen, Esq'rs. Samuel Preston,


Thomas Story,


The Govr. laid before the board a letter he had reced. from Coll. Ingolsby, wherein was inclosed a paper in these words: (Willm. Dalbo, one of the Justices of Peace, in ye County of Glocester, saith : that an Indian of his particular acquaintance, who hath been very Intimate with him, the sd. Dalbo, from his Childhood, acquainted him that there is a Belt of Wampum Come to Conestogo, from Mah- quahotonoi; yt there was a Tomahock in Red in the belt, & that the french with five nations of Indians were designed for War, & to fall on some of these Plantations ;) the Govr. also laid before the board a letter he had reced. from Mr. Yeates, Caleb Pusey and


510


MINUTES OF THE


Thos. Powel, Dated this day, purporting that to morrow there was to be a great Concourse of Indians, those of Conestogo & those of the Jersey; that they were of Opinion that it might be a Seasonable opportunity for the Govr. to visit them altogether the meeting being the Greatest that has been known these Twenty Years, & is to be about two miles from Jno. Warraws, at Edgmond. It is the opinion of the board that the Govr., with some of the Council, & as many others as Can be got, should go to morrow to meet the sd. Indians, to Enquire further of them about the said Belt of Wampum, & what else may be thought necessary.


At a Council Held at Philadia., ye 29th of April, 1710. PRESENT :


Ye Honble. CHA. GOOKIN, Esqr., Ltt. Govr. Edwd. Shippen, Richard Hill,


Joseph Growdon,


Isaac Norris,


Esq'rs.


Caleb Pusey,


The Govr. acquainted the board that upon his arrival at New Castle last week, he was informed that Opessa, one of the Shawan- nah Chiefs, had been there four Days; that he went away in the night, nor could he hear what he came about; that he had been with some of the Delaware Indians, who resolve (as it is said) not to plant Corn this year ; That Mr. Garland has lately shewn a Belt of Wam- pum, sent by the five nations by Indian Harry, wth this further message, That as soon as the Bark ran, they would be with ym at Conestogo, with sixty men, & make them a Speech ; That he was informed at Brandy Wine, That an Old Indian Woman said (as it was interpreted) that their great men had Ugly talk among them, & that they had left none but her & her husband to plant Corn. The Board taking the premises into Consideration, are of Opinion, (be the Report true or false) that it may be Convenient for the Govr. to make a Journey to Conestogo, (he not having been among ye Indians since his arrival,) to Inform himself of the Truth of these Reports, and for the keeping up a good understanding & Correspondence tw'ixt us and the Indians, and that some of the Council wait upon him thither.


The Govr. laid before the board the repeal of Six Laws of this Province, under ye Privy Seal, Done at the Court at Windsor, ye 24th of October, 1709, by the Queen in Council, wch are ord'd. to be Publickly proclaimed or read by the Sherif in full Markett.


At a Council held at Philadia., the 29th of May, 1710.


PRESENT :


The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.


Edwd. Shippen,


Geo. Roche,


Willm. Trent,


Esq'rs.


Saml. Preston,


Isaac Norris,


Antny. Palmer.


Bag .


Samuel ffinney, Esq's.


Saml. Preston,


511


PROVINCIAL COUNCIL.


The Govr. acquainted the board that upon his arrival at Cones- togo, he found the Indians very well inclined to the English, & to the Proprietary, & this Govmt. in particular; but that they had Complained to him that several persons make it their business to waylay their young men returning from hunting, making them drunk with rum, & then Cheat them of their Skins, & that if some method be not taken to prevent it, they must be forced to remove themselves or starve, their dependance being intirely upon their Peltry ; where- upon it is thought proper that such Indian Traders as are forreigners being admitted & Licensed by the Govr., shall come under such Regulations as the Govr. and Council from time to time shall direct & appoint.


At a Council held at Philadia., the 16th of June, 1710.


PRESENT :


The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.


Edward Shippen, Joseph Growdon, Esq'rs.


Richard Hill,


Samuel Carpenter,


Saml. Preston,


Esq'rs.


The Govr. laid before the board the report of Coll. ffrench & Henry Worley, who went on a message to Conestogo, by his Order, wch. follows in these words :


At Conestogo, June 8th, 1710.


PRESENT :


John ffrench. Henry Worley.


Iwaagenst Terrutawanaren, & Teonnottein, Chiefs of the Tusca- roroes, Civility, the Seneques Kings, & four Chief more of yt nacon, wth. Opessa ye Shawanois King.


The Indians were told that according to their Request we were come from the Govr. & Govmt., to hear what proposals they had to make anent a peace, according to the purport of their Embassy from their own People.


They signified to us by a Belt of Wampum, which was sent from their old Woman, that those Implored their friendship of the Chris- tians & Indians of this Govmt., that without danger or trouble they might fetch wood & Water.


The second Belt was sent from their children born, & those yet in the womb, Requesting that Room to sport & Play without danger of Slavery, might be allowed them.


The third Belt was sent from their young men fitt to Hunt, that privilege to leave their Towns, & seek Provision for their aged, might be granted to them without fear of Death or Slavery.


The fourth was sent from the men of age, Requesting that the Wood, by a happy peace, might be as safe for them as their forts.


The fifth was sent from the whole nation, requesting peace, that thereby they might have Liberty to visit their Neighbours.


The sixth was sent from their Kings & Chiefs, Desiring a lasting peace with the Christians and Indians of this Govmt., that thereby


512


MINUTES OF THE


they might be secured against those fearful apprehensions they have these several years felt.


The seventh was sent in order to intreat a Cessation from murder- ing & taking them, that by the allowance thereof, they may not be affraid of a mouse, or any other thing that Ruffles the Leaves.


The Eight was sent to Declare, that as being hitherto Strangers to this Place, they now Came as People blind, no path nor Com- municacon being betwixt us & them; but now they hope we will take them by the hand & lead them, & then they will lift up their heads in the woods without danger or fear.


These Belts (they say) are only sent as an Introduction, & in order to break off hostilities till next Spring, for then their Kings will Come & sue for the peace they so much Desire.


We acquainted them that as most of this Continent were the subjects of the Crown of Great Brittain, tho' divided into several Govmts. ; So it is expected their Intentions are not only peaceable towards us, but also to all the subjects of the Crown; & that if they intend to settle & live amiably here, they need not Doubt the protection of this Govmt. in such things as were honest & good, but that to Confirm the sincerity of their past Carriage towards the En- glish, & to raise in us a good opinion of them, it would be very necessary to procure a Certificate from the Govmt. they leave, to this, of their Good behaviour, & then they might be assured of a favourable reception.


The Seneques return their hearty thanks to the Govmt. for their Trouble in sending to them, And acquainted us that by advice of a Council amongst them it was Determined to send these Belts, brought by the Tuscaroroes, to the five nations.


May it please your honr.


Pursuant to your honrs. & Council's Orders, we went to Conestogo, where the forewritten Contents were by the Chiefs of the Tusca- roroes to us Deliver'd; the sincerity of their Intentions we Cannot anywise Doubt, since they are of the same race & Language with our Seneques, who have always proved trusty, & have also for these many years been neighbours to a Govmt. Jealous of Indians, And yet not Displeased with them ; wishing your honr. all happiness, we remain, Your honrs.


Most humble & Obliged servants, JOHN FFRENCH, HENRY WORLEY.


Journey to Conestogo. DR.


To bread,


£0


4 2


To Meat,


0 12 0


To Rum,


1 10


To Sugar,


0 15 0


To two Men's hire


400


for Baggage,


To John,


140


£8 5 2


513


PROVINCIAL COUNCIL.


At a Council held at Philadia., the 29th of June, 1710.


PRESENT :


Ye Honble. CHA. GOOKIN, Esqr., Lieut. Govr.


Joseph Growdon,


George Roche,


Saml. ffinney, Esq'rs. Antny. Palmer, S Esq'rs.


Isaac Norris,


Upon the Petition of Robt. Clay, That sundry merchandizes, seized as the effects of Chetmall Pride, now a Prisoner in the County Gaol, for the murdering of his apprentice, Thomas Bleasdall, may be discharged ; the said merchandize, being only consignments to the said Chetmall, from the Petitioners Master, Richard Assheton, of Liverpool, Mercht. & Company in Trust, for the building them a vessel in this Place, & wch is now upon the stocks ; And if the goods be not immediately sold for the Carrying on of the vessel, the interest of the imployers would very much suffer. And this Board having viewed ye Orders of the Imployers & the Invoice of the goods sent to the sd. Chatmell, are of opinion that the said goods, the said Chet- mall, (having no Property therein,) be discharged, And that ye afore- said Robt. Clay, the intended Mate of the vessel, with such other person as the gent. shall think fitt to join with him for the security of the Imployers, have the disposal of the sd. Merchandize & Car- rying on of the vessell.


At a Council held at Philadia., the 21st of July, 1710. PRESENT :


The Honble CHA. GOOKIN, Esqr., Ltt. Govr. Griffith Owen, Isaac Norris,


Thos. Story, Esq'rs. Samuel Preston,


Esq'rs.


Richard Hill,


The Govr. laid before the Board an Express he had reced. last night from Coll. French, purporting, that in three days the Chiefs of the Seneques would be at Conestogo, And with them the Chiefs of the Indians of most part of the Continent, and also some of the Gent. of Maryland, & that the Govrs. presence there was expected ; what the design of the Congress might be was not certain, but was told it was of very great consequence to the Crown, & would tend much to the preservation of the subject. The board having taken the Premises into Consideration, are of opinion, that 'tis absolutely necessary that the Govr., with as many as can be gott to attend him go to Conostogo to meet the Indians, & inform himself of the cause of their meeting.


The Representatives chosen the first of October, last, having mett divers times this year upon their own adjournments, & at last on ye 14th of 6 mo. drew up & sent to the Govr. a paper in these words.


To Charles Gookin, Esqr., Ltt. Govr. of the Province of Penn- sylvania, &c.


The Remonstrance of the Representatives of the said Province. Humbly Sheweth :


That by the Proprietors Charter to the Inhabitants of this Pro- VOL. II .- 22


514


MINUTES OF THE


vince, as well as the Laws now in force, the Representatives are to be elected on the first day of October yearly, to meet on the 14th of the same month, & to sitt & Continue upon their own adjournments, from time to time, until the next aniversary day of Election.


That in pursuance thereof, the present Assembly did meet on the said fourteenth day of October last, in order to proceed upon the business of the Province, & acquainted the Govr. thereof accordingly.


That the Govr. inclining to meet the Assembly of the Lower Counties, (or upon some other extraordinary business,) desired that the House would adjourn till the last day of the month, at wch time he would meet with them to proceed as aforesaid, or to that purpose.


That the Govrs. delaying to meet the Representatives, at yt time occasioned those that mett to agree to mett some days after, tho' by Violence of weather they could not meet in a full house on the day of adjournment, (as often before hath happened.)


That the members who mett being a considerable number, having upon inquiry been assured the Govr. was not come to Town, nor was like to come for some days; agreed to meet again upon the 14th 9br. following & from that day proceeded upon the Publick business, tho' the Govr. was still absent from the Province, on what occasions we could never yet learn. Nevertheless, we went on to settle the bill for Regulating the exorbitant fees of officers, in Conjunction with a Committee of the Council, according to the Govrs. own appointment, & proceeded upon the business of the Secry. recommended to us also by the Govr.


That when the Govr. came to Town the Assembly acquainted him with their proceedings in his absence, desiring him to pass the Bills of Courts & fees, being Regulated according to his Council's proposal, he was then pleased not onely to own us a House & Assembly, but to press the sending the rest of the Bills prepared for his Considera- tion which he promised to Consider of, & to give his answer to ye House, tho' at the same time he declined to sitt on the Tryal of ye Secry. contrary to ye Expectacon before given us by ye Secry.


That some time after, upon our endeavours to reduce the exhorbi- tant and abusive behaviour of the Secry., the Govr. (who before had given us his word of Honour not to interpose or protect him from Justice,) thought fitt to supersede the warrant granted for apprehend- ing him, & to declare us no assembly, because we were not a full House on the said last day of October, tho' the violence of the weather at yt time, with the discouragement we had by the Govrs. absence were ye great & main Cause thereof, all which hath been more fully represented by a Remonstrauce from this House, dated the 30th of Novr. last.


That finding the Govr. not disposed at that time to proceed in Le- gislation, we adjourned till the first of May last, in hopes he would by that time have declined those measures, but to our great disap- pointment found him as averse as before, & not only so, but he menaced us, which we then passed over in silence, & adjourned till the 14th inst., at which time we acquainted him that we were ready to proceed to Legislation, which he still declined.


515


PROVINCIAL COUNCIL.


Now may it please the Govr. : We desire thee seriously to Con- sider, That thro' the great favour of the Crown of England, one branch of the Legislative Authority is vested in the freemen of this Province in Assembly, which is a great Dignity put upon them, and when that Branch is slighted or affronted by the other, (where- with thou art at present intrusted,) the consequence is like to prove more the pernicious by how much corrupt men are influenced to evil rather than good, from a natural propensity thereunto, and to take encouragement from examples of superiors sooner than other per- sons, frequent instances of this, divers of us have mett withall from some who like the filthy dreamers in the text, dispise dominion and speak of evil dignities, particularly in one of the Countys where those who made the last election of Representatives, as well as the elected have lately, in the hearing of many,) been rendered as ye mob and Rable of the people.


Thus vile men take liberty to abuse us, being encouraged there- unto by thy misconception of us & our proceedings.


But we complain not of the indecencys we meet with, meerly as they respect ourselves, 'Tis the poor Province, & the people we rep- resent, that suffer by ye consequence. The want of those Laws for wch. Bills accommodated to thy own terms, have been so long pre- pared, and thy self so often pressed by this & the former Assembly to pass ; thy neglect therein, we think is very injurious to the people who are left without law, to be racked by officers on the one hand, whilst their lives and estates are Subject to be Tryed by Courts set up wth. out Law on ye other; And besides this, we think an In- stance fresh in memory, may be sufficient to Convince thee of what danger the people here are in, for thy not passing amongst others the bill about the manner of Giving evidence, or some other in lieu of it, wch. we are ready to propose for thy concurrence ; the want of wch. (since the repeal of the former,) has rendered us very insecure in our persons and estates ; for the greatest part of the people here being such as Conscientiously scruple an Oath, and their Evidence upon affirmacon, in Criminal Causes being rejected, murder tho' never so notorious & barbarous, being perpetrated in a Crowd, if of Quakers only, or such as are under the said scruple, may escape with impunity.


Wherefore entreat thee to consider these things, & prevent us from making further complaints, by heartily joyning with us in the passing such Laws as may be a redress of these and other grievances under wch. this poor Province groans; & assure thy self we are & shall be ready & willing cheerfully to support the Governmt. under thy ad- ministracon, & contribute to every thing else that may conduce to the true honour & Interest of this Province.


Signed by Ordr. of ye House, N. C. D., this 16th of August, 1710.


Copia.


DAVID LLOYD, Speaker.


1


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MINUTES OF THE


At a Council held at Philadia., ye 21st of Septr., 1710.


PRESENT :


The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.


Edward Shippen,


Richard Hill,


Saml. Carpenter,


George Roche,


Esq'rs.


Griffith Owen,


Esq'rs.


Samuel Preston.


Thomas Story,


The Queen of the Conestogo Indians, Ojuncho, and two Chiefs more, and some of the Connois Indians, laid Down before the Coun- cil four bundles of skins and furrs, and at the Delivery of the first bundle, they said, (as it was interpreted by ,) that they had given the Govr. notice of their Intentions of Comeing hither the last time he was at Conestogo, that they were now come, and do present him with that bundle to make him a cover for his table, to be used in the same manner as the Carpet then spread upon the Council table.


Upon their presenting the second Bundle, they said it was in Re- membrance, and as an acknowledgment for the Gun powder and lead presented to them here the last year, for which they were very thank- full.


Upon their Presenting the third bundle, they said it was as a token of their good will & friendship, & that they shall ever remember and observe the Govrs. advice to them last year, to live peaceably one with another, which they will always endeavour.


Upon their presenting the fourth, they said it was in remembrance of the advice that was heretofore given them not to be too Credulous of reports, they being generally false & spread abroad by ill men, that for their parts they would believe no reports agst. us, & hoped we would believe no ill reports of them.


Whereupon the Govr. replied, that he was glad to see them, and thanked them for their kind presents, & cautioned them not to believe lies and stories, that now too commonly spread abroad for mischief by ill men, & that if any thing happened extraordinary they should have notice by a messenger on purpose, & desired the like from them, for that the Propry., Mr. Penn, as also himself own'd & loved them as their brothers, & being ordered to attend to morrow in the after- noon, they withdrew.


Ordered that Mr. Hill, Mr. Norris, & Mr. Preston, dispose of the said presents to the best advantage, and provide a suitable Return against to morrow.


N. B. There having been another Election of Representatives on the first of this Inst., October, there was a total change made of the members throughout ye three Counties, all the former being turned out, and not one returned who had been in either of the two last As- semblies.


517


PROVINCIAL COUNCIL.


At a Council held at Philadia., the 16th of October, 1710.


PRESENT :


Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.


Edwd. Shippen,


Griffith Owen, Esq'rs.


Thos. Story,


Saml. Preston,


George Roche,


Antny. Palmer,


Esq'rs.


The Council being sett the Assembly waited upon the Govr., and Richd. Hill acquainted the Govr. that the Assembly had mett upon Saturday last, Pursuant to the charter, and had Chosen him for their Speaker, that he was conscious of his own inabilities for dis- charging of that trust, and Desired they might be ordered to return & Choose another; Whereupon the Govr. reply'd, that he was very well assur'd the House had made a Good Choice, & that he approved very well of it, and then made the following speech.


GENT. :


I dont Doubt but 'tis obvious to every one's understanding here why I could not agree with the last Assembly ; But as I take you to have different sentiments from them in the Publick affairs of the Province, and have no Designs in view but for the welfare of it, So you may promise yourselves my ready assent to all bills drawn up for that end.


And as I have often expressed my Resolution of settling myself amongst you, you will do me but Justice to believe I can have no aims Contrary to the Interest of the People.


Thus then I hope a Confidence in each other being established, you will Cheerfully proceed to frame such Laws as may answer the end of the peoples Choice, & make such provision for the support of Governmt. as consists with ye Character this Province justly bears in all her Majesties Dominions.


I have not to add, but to recommend that dispatch to you wch the nature of the things will require, lest like some former Assemblies by long sitting, you bring the Country under such a Debt as perhaps they will not very willingly Discharge.


Then the Speaker Desired that those three things that were ac- counted the Privileges of ye House should be granted them, vizt : freedom of speech, free access to the Govr., & a favourable Construc- tion of their proceedings, wch the Govr. assured them of. The Speaker acquainted the Govr. that the urgent affairs of most of ye Countrey members required them at home, and that they had some thoughts with the Govrs. leave to adjourn for a short time, and the Govr. was pleased to refer the fitness of the time to their own Consideration, and then they returned to ye House.


A Peticon of Mordecai Howel was read, Complaining of some hard usage he had mett with upon the Prosecucon of Coll. Quary, for the Queen against him. It is the opinion of the board, that if the Peti- tioner have reced. any wrong he must right himself in a Legal way, this Board having no Cognizance of the matter.


518


MINUTES OF THE


To ye Honble Charles Gookin, Esqr., Ltt. Govr. of the Province of Pennsylvia.




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