USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 66
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At a Council held at Philadelpia., the 28th of May, 1715,
PRESENT :
. Y. Honble CHARLES GOOKIN, Esqr., Ltt. Governr.
Joseph Growdon, Griffith Owen, Esq'rs. Samuel Preston, Esq'rs.
Jonathn. Dickenson,
James Logan,
Robert Assheton,
The Assembly waited on the Govr. with the Engrossed Bills in Order, to be passed into Laws, vizt: 1. A Bill of Priviledge to a freeman. 2. A Bill Directing appeals to great Brittain. 3. A Bill for Establishing ye General Qr. Sessions of ye Peace. 4. A Bill impowering Religious Societies to buy, hold & Enjoy Lands, Tene- ments & hereditaments. 5. A Bill directing an affirmation to those who for Conscience sake Can't take an oath. 6. A Bill for Corro- borating a Circular Line between the Counties of Chester & New Castle. 7. A Bill for the better recovery of fines & forfeitures due to the Govr. & Govrmt. of this Province. 8. A Bill for the As- signing of Bonds, Specialties & promissory Notes. 9. A Bill for Acknowledging & Recording of Deeds. 10. A Bill for the Ease of such as Conscientiously scruple to take the solemn affirmation for-
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merly allowed in Great Brittain. 11. A Bill for Continuing a friendly Correspondence with the Indians. 12. A Bill for better Determining Debts under 40s., and for laying aside the 2 Weeks Court. 13. A Bill for erecting a Supream Court in Law & Equity. 14. A Bill for Establishing Courts of Common Pleas. 15. A Bill for the Better ascertaining the Practice of Courts of Judicature in this Province. 16. A Bill for raising a supply of 2d per £ & 4 sh. per head on the Inhabitants & freemen of the Province of Pennsylvia. 17. A Bill for Establishing & Regulating fees. 18. An Impost Bill for laying a Duty on Wine, Rum, brandy & other strong Liquors, & Hopps Imported into this Province. 19. A Bill for Laying a Duty on negroes imported into this Province. Which said Bills ye Govr. Past into Laws, & were ordered to be Published about two of ye Clock in the afternoon.
At a Council held at Philadelpia., the 30th May, 1715. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr. Joseph Growdon, Samll. Preston, Richd. Hill, 1 Esq'rs.
James Logan,
Robert Assheton,
The board having taken into Consideration ye Issuing of Com- missions & Nominating Justices for ye Counties of Bucks & Chester, in this Province, & ye Supreme Court, ye persons following were appointed, viz :
For ye County of Chester. Caleb Pusey, Nicholas Pyle,
For the County of Bucks. Jeremiah Langhorn,
Richard Webb,
Joseph Kirkbride, Thos. Stevenson,
Henry Pearse, Henry Neale,
Willoughby Warder,
Nicholas ffairlamb, John Blunston, Junr.
Everald Boulton,
Richard Hayes.
Anthony Burton, Thos. Watson of Buckinghan. Jno. Snowden.
Supreme Court, Philadia. Joseph Growdon, Willm. Trent, Richd. Hill,
Jonathn. Dickinson, George Roche.
At a Council held at Philadelpia., the 1st of June, 1715. PRESENT : The Honble. CHARLES GOOKIN, Esqr., Lieut. Governour. Joseph Growdon, Small. Preston, Richard Hill, Esq'rs. Jonathn. Dickinson,
Esq'rs.
James Logan,
Robert Assheton,
Jonathn. Dickinson, Esq'rs. Isaac Norris,
Thos. Watson,
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PROVINCIAL COUNCIL.
Mr. Logan Exhibited an acct. of several things he bought for the Conestogoe Indians, by order of Council, the 1st of October last, the ball. of wch amounting to £15, 3, 9, wch acct. is allowed, & the Treasurer is ordered to pay the same.
It having been observed that for want of a Due attendance of the Council at the time formerly appointed & according to Custom, with- out particular summons, the Governr. has lain under some inconve- niencies in being destitute of such advice in affairs of Governmt., as might have rendered the administration of it more easy ; It is there- fore now ord'd. That the Council shall meet weekly every Tuesday morning, at ten of the Clock, at the Council Chamber, without any summons, & whether the Govr. should be in Town or absent, to advise Concerning such matters as may be for the Publick Peace & Safety, & to take Cognizance of the various exigencies of Govmt.
At a Council held at Philadelpia., the 4th of June, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Governour.
Richard Hill,
Jonathn. Dickinson,
James Logan, & Esq'rs.
Robert Assheton. Esq'rs.
Isaac Norris,
The Govr. proceeded to appoint Justices for the several Courts within the County of Philadelphia, as also for the Supreme Court for the said Province, & the persons following were appointed. ffor ye Common Pleas, Qr. Sessions & Court of Equity.
Richard Hill, Edward ffarmer, John Swift,
Isaac Norris, Rowland Ellis, Samll. Carpenter,
James Logan, Benjn. Vinning, Jos. ffisher,
Nathan Stanbury, Josiah Rolfe, Robert Jones, & the
Mayor & Recorder of the City Philadia.
SUPREAM COURT.
Joseph Growdon, William Trent,
Jonathn. Dickinson, George Roche.
At a Council held at Philadelphia, the 10th of June, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
Joseph Growdon,
Isaac Norris, - Esq'rs.
Caleb Pusey, Esq'rs. Jonathn. Dickinson. Robert Assheton.
James Logan,
The Govr. laid before the board an address he received from the House the last night, wch was read in the words.
To Charles Gookin, Esqr., Ltt. Govr. of ye Province of Pennsyl- vania.
May it please the Govr. :
We were in hopes that the opening of the Courts of Justice might
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have been a means to put a stop to those tumults, which frequently happened in this City since the beginning of our sessions, so that our meeting now would have been to Crown our Labours with a Genll. satisfaction.
But to our great Disappointment, We understand, by Credible Information, that some of those who occasioned these tumults, in order to annoy their opposite party, are now Levelling their Malig- nity against the magistrates of this City and County, & Endeavour- ing to prevail with the Govr. to be of opinion, That there is no power to bring to Tryal a Certain Clergyman, who is Charged by Indict- ment at ye King's suit, for committing Fornication against the Kings Peace & ye Law of this Province, &c.
We desire the Govr. to Consider, that ffornication & such like offences, which in other places may be of Ecclesiastical Conusance, are by the Laws of this Province made Tryable in the Quarter ses- sions ; And as our Laws are by the Royal Charter to be inviolably observed, so the Govr. & Magistrates are bound in duty to cause the same to be put in execution; Therefore we are of opinion, That whosoever doth or shall assert or Endeavour to incense or perswade the Governor or any other, that the Court of Qr. Sessions as by Law Established hath no Cognizance of ye said offences, are & shall be deemed Enemies to the Govr. & Govmt. of this Province.
And now may it please the Govr. to Take Speedy Care, by such ways and means as may be effectual to Discourage and Suppress the said Tumults, and disperse all tumultuous gatherings of People in the City, and more especially those who shall Endeavour to weaken the hands of the Magistrates in the Discharge of their duty, or shall speak or Act in Derogation to their Authority, Or shall in any wise attempt to screen or Risque the said malefactor from the Course of Justice.
As we have been & hope shall be Willing to support the Govrmt., so we are earnestly Concerned that ye Kings subjects may be protect- ed under thy administration, and for that end we do insist that thou will be pleased to Cause the Laws to be duly put in Execution, and to countenance and not discourage the magistrates and officers in the Discharge of their Duties, that so the People may be Reduced to their former Obedience, and applications for Redress elsewhere be prevented.
We also desire that Persons be Commissionated and Courts Called for speedy tryal of those Criminal Causes now depending.
Signed by order,
DAVID LLOYD, Speaker.
And Isaac Norris and James Logan were appointed to carry to the House the Govrs. answer to the same.
The Govrs. answer to ye Assembly's Address of the 10th of June, 1715.
GENT. :
The tumults that have hitherto appeared I have immediately endea- voured to quell, & I hope with good effect. The Courts are now opened, the administration of Justice is restored, & if any should appear so
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PROVINCIAL COUNCIL.
audacious as to oppose the magistrates, they shall not want my coun- tenance & assistance to suppress the attempt.
I am sorry it should be Surmised to ye Assembly by any, that those who show a malignity to ye magistracy, could have ground of hopes to prevail with me to favour them ; on the contrary, they shall find (if there shall be any such) that I shall exert all the authority with which I am invested to support the Proprietors powers of Go- vrmt. & the magistrates, in the execution of the Laws & full discharge of their duty.
The Commissions that are not yet Issued will be forthwith expe- dited.
At a Council held at Philadia., the 14th of June, 1715. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
Joseph Growdon, Richard Hill, r
Griffith Owen, Esq'rs.
Isaac Norris,
Esq'rs.
James Logan,
Robt. Assheton,
The Chiefs of Delaware & Schuylkil Indians coming down to visit the Govr., they mett in ye Court house at Philadia., Sassoonan being their head, and Opessah, ye late Shawanois king wth. his companion attending him, & then opening ye Calamet with great Ceremony of their Rattles and songs, it was offered by Sassoonan the king to the Govr., Councill, & all others of ye English there mett, & afterwards was also offered by him to all his Indians, & then with ye same cere- mony was put up again.
Then Sassoonan rose & spoke to the Govr., & said, that the Cala- mett, the bond of peace, which they had carried to all the nations round they had now brought hither ; that it was a sure bond and seal of Peace amongst them and between them and us, and desired by holding up their hands, that the God of Heaven might be Wit- ness to it, and that there might be a firm peace between them and us forever.
To which the Govr. answered, that he was very glad to see them retain so strong a sense of that firm Peace, that was settled between Willm. Penn, the founder & Chief Govr. of this Countrey, at his first Coming into it, in behalf of himself, and all his People with them & all theirs ; that they were sensible we had always preserved it unvio- lated on our side, & were glad we had reason to say they had done the same on theirs. That we desired nothing more than that the great God, who made Heaven & Earth, & all Living Creatures, and who knew the thoughts and saw all the actions of man to whom they applied, should be a Witness of what now passed between us, and that this Renewal of the same Bond of peace might be recorded be- tween them & us forever; with which speech they Expressed them- selves greatly satisfied.
Sasoonan added, that hearing some murmurs among some of them- selves to prevent any misunderstanding, they now came to renew the former bond of friendship that William Penn had, at his first
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coming, made a clear & open road all the way to the Indians, (by this meaning a friendly communication) that they desired the same might be kept open, & that all obstructions should be removed, of wch. on their sides they will take care.
He then presented a belt of Wampum & added to the same effect, That they desired the Peace that had been made should be so firm, that they & we should Joyn hand in hand so firmly that nothing, even ye greatest tree, should be able to divide them a sunder.
After which they seeming to wait for an answer, they were desired to proceed & deliver what they had now further to say : and that an- swers & returns for binding the friendship on our side should be made to them altogether.
Sasoonan accordingly proceeded & said, that their late King Ska- litchi, Desired of them that they would take care to keep a perfect peace with ye English, & that they should be Joyn'd as one, that the Indians should be half English & the Indians make themselves as half Indians, that they might the better be as ye same.
The further added, laying down a 2d belt, that as the fathers have been in peace, so they desired that their children & our children, still as they should be born and come into the world hereafter, might be brought up in the same Union, between their and our posterity from generation to generation forever.
He added, that in the last Council they held with us, they spoke concerning the sun by whose Influence they had lived in warmth & plenty from ye beginning, that they now desired the same happiness might be continued to them with us in the firmest peace, & that it might last as long as that sun should endure.
That when any clouds interposed between them & the sun it brings Coolness & is unpleasant, the same it will be if any Cloud should arise between them & us, and therefore they Desire if any thing of that kind appear it may be Dissipated without Delay.
He Laid down a 3d belt & Continued in the same strain, Desiring as before, that they might still Enjoy the warmth of the sun & our friendship together, that then they should want no necessaries of Life, but enjoying all the Comforts of it with their wives, & might lie down and repose themselves with them in peace & safety, without any Disturbance.
And this he Delivers in behalf of all our Indians on this side Sas- quehannah, who are all Concerned with him in this treaty, and this was all he had to say on this subject.
He then again began, & laying down a bundle of Deer Skins, said, That now they would Discourse of matters of Trade between them & us, that hitherto they had been like a House that had two Doors, the one for them & the other for the English, but the Goods were placed in the Dark, so that they were wholly ignorant how they had been Dealth with, or how they should Trade.
He repeated the same laying down a 2d bundle of Skins, & Desired they might be informed of the terms they might trade upon, that if occasion were they might at any time send their wives & be out of Danger of being cheated.
He added a 3d bundle of Deer Skins, Complaining how hard it
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PROVINCIAL COUNCIL.
was upon them, for that they knew not what they were to Expect for their Goods, and that they could scarce purchase ours.
Laying down a 4th, being skins & furs, He Desired that they might be as People eating all of the same Dish, and so they might be Dealt with as if they were our own People.
Presenting a 5th, He said that formerly they exactly knew the prices both of our Goods and theirs, but now they varied so there was no understanding them.
With a 6th, He said that thro' this uncertainty he wore himself such ragged breeches he was ashamed to shew them, and desired this Inconveniency might be remedied.
Offering a 7th, He complained that they were often imposed on by ye weight of our money when they came to sell ; that we certainly knew the value of theirs, but they could not understand ours, & there- fore desired that this great Inconvenency might also be remedied.
He offered an 8th, Informing that Opessah, (formerly king of the Shawanois, but now abdicated,) lived at a great distance, & enter- tained them with victuals & provision when they went that way, and therefore they desired that when He Came among us he might be reced. as one of themselves, with the same openness that he reced. them.
Having ended their Discourse they were told that to-morrow they should receive answers to all they had said, & were for the present Dismissed ; but orders were given to ye Mayor of Philadia., I. Nor- ris, & the Secry. to take an acct. of the presents now made, & their value, & that Goods should be provided, to be ready in the morning, and the said presents were found to consist of :
45 Raw fall Deer skins, wtt. 1381b. at 9d. £5. 3. 6
8 Summr., Ditto. 16 at 13zd. 0. 18. 0
53 Drest
57 at 2s. 6. 7. 2. 6
84 whole foxes,
a 1s. 6ea. 6. 6. 0
12 Raccoons,
a ls. ea.
0. 12. 0
3 Ordinary ffishers,
a 3s. ea. 0. 9. 0
PRESENT :
At a Council held at Philadia., the 15th of June, 1715.
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr. Griffith Owen, ) Isaac Norris,
James Logan, Esq'rs. Robert Assheton,
Esq'rs.
Richard Hill,
Presents having been prepared according to order, & the Indians being mett & seated, the Govr. ordered the Interpreter to inform them.
That their visit on so friendly a Design as still further to strengthen the Bond of Peace between us, was very acceptable; That we Doubted not but they think themselves and their Children from Generation to Generation obliged to keep inviolably those firm Treaties of Peace which had been made, & which he had kept, & were resolved ever to keep firm on our side, and hope none of them have any real Cause to murmur, if they know of any they are Desired to mencon it freely.
That the Great Queen of England who had for so many years
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reigned with great success, was now dead, & was succeeded by a king who has been a great General in the Wars, is a wise king, and has more Dominions than any king of Great Brittain ever had be- fore him ; that under him as well they (ye Indians,) as we his other subjects may live in the same peace that we have enjoyed at any time before ; That our Propry., their friend Wm. Penn is still living, tho' but weak in health.
That as to the Complaints they made Concerning Trade, the Govr. is sorry he Can't give ym. a more intire satisfaction in it, & remove every hardship they lie under ; But that all trade is uncertain, Our own wheat ye last year yielded twice the price it does this ; All our Goods yt they buy are brought from England, whither we also send theirs ; That sometimes a habit that is in fashion one year is laid aside the next, and accordingly the skins they are made of will be of a higher or lower value. It is the same with all our other mer- chandize as with those that they buy, their own security & safety will be to trade with the honestest men, and those of the best Reputation, and prefer those who will give the most, that this is our Rule in all our business, and they must do the same.
That Opessah has long been under a League of friendship with us, and tho' he has now left those Indians among whom he formerly lived, yet we shall shew him the same friendship as ever, & shall Depend upon the same from him, and that upon this further Recom- mendation of theirs, he will think himself as one of them, & under the same bond with them, and therefore we desire as he lives at a great Distance, & may see many foreign Indians, he will from time to time Inform us if he hears of any thing new that may Concern us, & this we desire & shall Expect & Depend on from him & all his friends there, as also that if they know any thing now of any late motions to or from the Southward, they would acquaint us ; Concern- ing wch being particularly asked, Opessah affirmed he knew nothing.
The Govr. further Ordered they should be told, That all the sober English very much lamented that they Could not Guard themselves better against Liquors. That they should send their young men abroad to hunt, & at their Return should sell their goods for such things as would be of real service to them, and not throw it all away for that Destructive Liquor Rum, which robb'd ym. not only of all their goods but their lives also.
All which being Delivered together with the Presents that were provided, Pokehais, in the name of ye rest, Exprest their satisfaction & thanks for the favours now shewed them.
The Presents were :
16 Stroud matchcoats at 19s., £15. 4. 0
10 Duffell matchcoats at 10s. 6, 5. 5. 0
6 Blankets, a 13s. 4, 4. 0. 0
2. 11.
0
6 Shirts,
a
8s. 6.
4. 10.
0
50 lbs of Powder,
100 lbs. of lead & 100 lbs. of Tobacco, at 3d. per lb. each, 2. 10. 0 12 Dozen of Pipes, 0. 4. 6
£34. 4. 6
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PROVINCIAL COUNCIL.
At a Council held at Philadia., the 21st of June, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
Richard Hill,
Samuel Preston,
James Logan, Esq'rs, Jonathn. Dickinson,
Isaac Norris,
Robert Assheton,
Esq'rs.
Mr. Logan acquainted the Board, that he had informacon. by Thos. Chalkley, who lately came from Maryland, that the Conestogoe Indians had left their Town & removed Twenty miles Distant, and it being thought yt something Extraordinary had happened, that they should leave their Corn growing on the Ground. It was order'd., that a message should be sent up to them by some of the Chief of the Indians now in Town, & a small present, to witt : a matchcoat for the two Chiefs Civility & -, & tell them we would be Glad to see them, & that they should inform them that they, together with the Delaware Indians, had already been here & renewed their League of friendship, & were kindly received.
At a Council held at Philadelpia., ye 22d of June, 1715.
PRESENT : The Honble CHARLES GOOKIN, Esqr., Lieut. Governour.
Griffith Owen, r Isaac Norris,
Richard Hill, Esq'rs. Jonathn. Dickinson, Esq'rs.
James Logan. Robert Assheton,
The Indian Chiefs, viz: Sasoonan & Matasheechay, with Opessah, being called according to ye Order of Yesterday, ye Govr. acquainted ym. that he, with the Council, were Extreamly well pleased to see them, & with the Treaty that we had with them, but could have wished they had more effectually taken the advice that was given them to forbear" Excessive Drinking, & especially to avoid Rum, wch since it disorders them so very much & ruins their health, they ought to shun as poison ; for tho' valuable Good men when sober, yet when overcome with that unhappy Liquor, they are quite lost & become beasts. That had the Govr. thought they would not have taken more care of themselves he would have prevented their buying it, and must Do so the next time they are so kind to visit us, that so we may be able During all the time of they stay to Converse to- gether.
That now however he is glad to see them sober again at their Departure, and was willing to speak with them before they went to furnish them with some provisions for their Journey.
That we have now had with them a very friendly Treaty, which wth. all others heretofore they are constantly to remember.
That as they spoke in behalf of all the Indians on this side of Sasquehannah, Excepting those of Conestogo, the Govr. wishes that they had also come with them, but since they have not, Sa- soonan & Metasheekay are Desired to inform the Chiefs of Conestogo,
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viz : Soteeryole & Taghuttalesse or Civility, that they have been here renewing their League, yt we were sorry we saw not all our friends together, That to ye end they might be partakers of the same League, we had sent each of ym. a matchcoat, & should be glad to see them with the first good Conveniency.
That hearing they design to leave Conestogo, We should desire an opportunity of discoursing them before they quitt that antient settlement, and that they should say the same thing to those who are removed ; That the better to Cover them from the night dews in their travels, we give each of them a stroud matchcoat.
That as they had particularly recommended Opessah, We were very well pleased with their regard to him, and as a token of our taking him into the same friendship with them, now gave him also a Stroud.
All which being interpreted to them & provisions Deliv'd for their journey, vizt. : some loaves & one hund'd. wtt. of Biskett, with 12 1b. Tobacco & Pipes, they returned their hearty thanks with Expres- sions of great satisfaction.
But Sasoonan complained that they were much abused by the Quantities of Rum brought amongst them, & requested the Govr. to cause a stop to be put to ye practice.
Upon which they were told of the very strict laws made against it, but that it was impossible for us to know who came thither into the woods amongst them without their information, That it would be in their power effectually to prevent it if they would stave all the rum that came amongst them, which they were directed by the Govr. to do without fail as oft as any came.
They thereupon desired the Govrs. written Order for it, and ac- cordingly the following Ordr. was issued.
By the Honble Charles Gookin, Esqr., &c.
Whereas, Notwithstanding the several penalties laid by the laws of this Province, upon those who sell Rum to ye Indians, Complaints are made by them, that great Quantities are still carried into the woods to their great Loss and Damage. For the more speedy pre- vention of wch., 'tis Ordered by the Govr. & Council, that all In- dians who shall at any time see any rum brought amongst them for sale, either by the English or others, Do forthwith stave ye Casks & destroy the Liquor, without suffering any of it to be sold or Drank, in wch Practice they shall be Indemnified & protected by ye Govmt. against all persons whatsover. Dated at Philadelphia, ye 22d of June, 1715.
At a Council held at Philadelpia., ye 29th of Augst., 1715.
PRESENT :
Ye Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
James Logan, -
Richard Hill,
Samll. Preston, 1 Esq'rs. Jonathn. Dickinson,
Robert Assheton. Esq'rs.
It is moved that a Clause in a former Commission, about the late
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PROVINCIAL COUNCIL.
Queen's Order in Council, requiring People in England, who are willing to take an Oath, might be allowed so to do, by the proper Judges & officers of Pennsylvania, in which said Clause there was authority given to 3, 2, or 1 of the sd. Justices, Destinctly & sepa- rately from such as do, to administer an oath in court, as one all & every such oath or oathes as shall be found necessary for the doing of Justice, Which said clause was left out of the last Commission ; It is therefore ordered that a new Commission shall be drawn, & the Clause aforesd. be Inserted.
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