Colonial records of Pennsylvania, Vol. III, Part 17

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 634

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At a Council held At Conestogoe, the 14th day of March, 1721-2. Between James Logan, Secretary, & Colonel John French, in behalf of the Government of Pensilvania, thereunto authorized by vertue of

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a Commission to them from the Governour, under the Great Seal, bearing date the 7th inst. ; And

Civilty, Tannacharoe, Gunnehatorooja, Toweena, & other old men of the Conestogoe Indians.

Savannah, Chief of the Shawanese, Winjack, Chief of the Gana- wese, Tekaachroon, a Cayoogoe, Oweeyekanowa, Noshtarghkamen, Delawares.

Present divers English & Indians.

The Secretary laying down a Belt of Wampum on the Board be- fore them, which he had taken with him for that purpose, spoke to the Indians as follows.

Friends & Brethren :

William Penn, our and your Father, when he first settled this Country with English Subjects, made a firm League of Friendship and Brotherhood with all the Indians then in these parts, and agreed that both you and his People should be all as one Flesh and Blood. The same League has often been renewed by himself and other Go- vernours under him, with their Councils held as well in this place where we now are as at Philadia. and other places. Both his People and yours have hitherto inviolably observed these Leagues so that scarce any one Injury has been done, nor any one Complaint made on either side, except one for the Death of La Tour and his Com- pany for near forty years past, And of this you are all fully sensible.

Yet as all human affairs are liable to accidents which sometimes fall out even between Brethren of the same Family tho' issuing from the same Parents, So now your good Friend, our Governour and his Council, having heard by Report only, that one of our Brethren had lost his Life by some Act of Violence, alledged to be done by some of our People, without receiving any Notice of it or Complaint from you, but moved with a great Concern for the Loss and Unhappiness . of the Accident, like true Friends and Brothers, the very next Day sent us two, Colonel French and me, first to condole with you, which we now do very heartily, and next by the full Powers with which we are invested to inquire how the matter came to pass, that Justice may be done and Satisfaction be made according to the firm Leagues that have from time to time been made between us and you, for We will suffer no Injury to be done to any of you without punishing the offenders according to our Laws; Nor must we receive any without just satisfaction made to us, ffor so the Laws of Friendship and the Leagues between us require.

We therefore now desire you, that according to the Notice we gave you three days agoe to have all those persons ready here who know any thing of this matter. You would fully inform us of every par- ticular, for we are now here to take their Examinations, which we expect you will take Care shall be given with Truth and Exactness, and without any Partiality from Resentment or Favour; that when our Governour and Council are assured of the Truth they may pro- ceed more safely in doing of Justice.

This being interpreted, as has been said, into the four several Lan- guages of those People, We judged it necessary that our Commission VOL. III .- 7

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should be publicly read in the hearing and for the satisfaction of the English who were there, and then we proceeded to put the following Questions, and to examine the Indian Evidences.

Quest. When did Civility and the other Indians of Conestogoe first hear of the Death of the man, and by whom ?

Answr. They heard of it by several Indians much about the same time ; The fact was done, they understood, about forty Days agoe.

Quest. Where was it done ?

Answr. At Manakassy, a Branch of Patowmeck River.

Quest. What was the Man's Name, his Nation, and Rank among his own People ?

Answr. His name was Sawantaeny of the Tsanondowaroonas or Sinnekaes, a Warriour, a civil Man of very few Words.

Quest. What was his Business there ?

Answr. He was hunting, being used to hunt in that place.

Quest. Who, do you understand, was present besides the English at the Commission of the ffact ?

Answr. The Man had been hunting there alone, with a Squaw that kept his Cabin, till John Cartlidge and his People came thither to trade with him for his Skins. John Cartlidge had an Indian Guide with him of the Ganawese Nation, named Aiyaquachan, who is here present; also, two Indian Shawana Lads came thither about the same time, whose Names are Acquittanachke and Methee- gueyta ; also, his Squaw, a Shanawese Woman, named Weyne- preeueyta, Cousin to Savannah, Chief of that Nation, who are all here present.

Then Winjack and Savannah, Chiefs of the Ganawese & Sha- nawese, were required to Charge those four witnesses of the ffact, of their respective Nations to speak the Truth impartially, without Malice or Hatred, Favour or affection on any account whatsoever. The three Shawana witnesses being desired to withdraw, Ayaqua- chan, the Ganawese, aged according to appearance, about thirty years, was called upon to give an Account of what he knew, and accordingly he said, That he came in the Evening to the Indians Cabin who is dead, with John Cartlidge and Edmund Cartlidge, who had with them William Wilkins and one Jonathan, both servants to John Cartlidge, with an Intent to trade with the said Indians for his Skins, they having hired him to be their Guide ; That John Cartlidge gave the Sennikae some small Quantities of Punch and Rum three times that Evening, as he Remembers, as a ffree Gift, and then sold him some Rum ; That both the Sinnekae and this Examinant were drunk that Night ; That in the Morning the Sinnekae said he must have more Rum, for that he had not received all he had bought ; That accordingly he went to John Cartlidge and demanded it, but that John denied to give him any, and taking the Pott out of the Indians hand threw it away; That the Sinnekae told him he need not be angry with him for asking more for he owed it to him, and he still pressed him to give it; That John then pushed the Indian down who fell with his Neck cross a faln tree, where he lay for some time, and then rising walk'd up to his Cabin ; That this Exa-

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minant was then by the Fire, which was he thinks about thirty or forty, others say a hundred paces from the Cabin ; That he saw John Cartlidge stripping off his Clothes near the ffire ; That then this Exa- minant went up towards the Cabin and saw the Sinneka sitting on the ground with the Blood running down his Neck, and that John Cartlidge when he came up kick'd him on the fforehead with his Foot ; That this Deponent was in Liquor at the time and knows no more. Being asked if he saw any Gun, he says he saw none.

Aquannachke, the Shawana, aged in appearance about twenty-two years, says, That he came to the same place with John Cartlidge and his Company, that the Sinneka had Liquor over night, and was drunk with it ; That He and the Ganawese sate up all Night, but this Examinant went to sleep. The next Day the Sinneka asked for more Rum of John Cartlidge, who refused to give him any; that John threw away the pott, and upon the Indian still pressing for more Liquor threw him down cross a Tree, that the Indian rising made up to his Cabin ; That William Wilkins followed him and met him coming out of the Cabin with his Gun, That Wilkins laid hold of him & the Gun and they both struggled, but not much; That Edmund Cartlidge coming up forced the Gun from the Indian, struck him three Blows on the Head with it, with which it broke. He struck him also on the Collar Bone; That John Cartlidge being at the Fire there stript off his Clothes, and coming up kick'd the Indian on the side and broke two of his Ribs; That the man then bled at the Mouth and Nose and was unable to speak, but rattled in the Throat ; That John Cartlidge with his Company went to the Fire, made up his Goods and came away ; That the Sinneka in the mean time went into his Cabin where these Shawanese Lads left him, and followed John Cartlidge to trade with him; That this happened about nine in the morning, and John Cartlidge himself says, he left the place at ten by his watch.

Metheequeyta, the other Shawana Lad, aged about seventeen or eighteen years, confirms what the other Young Man his Companion has said, and declares he can say nothing farther.

Hereupon, great Pains were taken and Endeavours used to per- swade these Evidences, to declare of themselves all that they parti- cularly knew without considering what the others had said, or were supposed by them to say, for they were kept apart during the Exa- mination, but the Indians could not be prevailed with, alledging it was to no purpose to repeat what others had already declared, and it was by many leading Questions that Acquanachke was induced to mention any part of what the Ganawese had said before.

Weenepeeweytah, the Squaw, was then examined and said, That she was in the Cabin when her husband came in for the Gun, that She shrieked out, and endeavoured to hinder him from carrying it out, but could not ; That She followed him, and Wilkins being then by the Cabin laid Hold of the Gun, but could not take it from him ; That Edmund forced it out of his Hands and struck him first on the Shoulder, and then thrice upon the Head, and broke the Gun with the Blows : That John Cartlidge stript off his Clothes and coming

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up to them found the Indian sitting, and he then gave him one Kick on the side with his foot, and struck him with his ffist ; That the man never spake after he received the Blows, save that after he got into the Cabin he said his Friends had killed him ; That a great Quantity of Blood came from his wounds, which clotted on the Bear Skin on which he lay ; That his Mouth and Nose were full of Blood ; That he died the next Day, about the same time he was wounded the Day before; That she was a lone with the Corps, and went to seek some help to Bury him; That in the mean time an Indian Woman, wife to Passalty of Conestogoe, with the Hermaphrodite of the same place coming thither by accident, and finding the Man dead buried him in the Cabin, and were gone from thence before She returned, but She met them in the way and understood by them. that they had laid him in the Ground.

Passalty's Wife and the Hermaphrodite being called, declare that Kannannowach, a Cayoogoe Indian, was the first who found the Man dead, and that he hired them to go bury him lest the Beasts or Fowls should eat him ; That it was about seven Days after his Death that they went thither, for the Body then Stunk; They found three wounds in his Head, They washed away the Blood and the Brains appeared ; that two of his Ribs were broke, and his Side on that part was very black.

These, may it please the Governour, are the Examinations of the Indian Evidence which we have taken, with all the Exactness that was in our power, and with the utmost Impartiality. We confess we had not reason to be fully satisfied with the management of the three Shawana Indians, viz : the two Lads and the Squaw, especially the two first, for they seem all to have agreed on their story before hand, especially in the particular of the man's Ribs being broke, of which we conceived these two Youths could not possibly know any thing before they left the place, because they came from it much about the same time with the Cartlidge's, and therefore We judge they could hear of it no other way than by the Woman afterwards, yet they were positive in affirming; And we have here given the whole, without retrenching any thing in favour of any person what- soever.

The Belt of Wampum was then taken up and shewed to the In- dians, and they were told that it was sent from the Governour by us, to be forwarded with a message to the Sinneka Indians upon this unhappy accident. They were therefore desired to think by the morning of a proper person to carry it; That the Day being now far spent, and the Company tired, (for we sate on the Business near Eight hours) we should leave what we had further to say to the next Day, and accordingly desired them to meet us carly in the same place. We then ordered two gallons of Rum made into Punch with the above, a Hundred Weight of Meat and Bread brought from John Cartlidge's, to be distributed among the company which was large, and Provisions being exceeding scarce at present among them.

The next day, viz., the 15th of March, We met the same Chiefs without other Company to consult about sending the message before

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mentioned, and Colonel French, by the same Interpreters, spoke to them as follows.

Friends & Brethren :

We informed you yesterday that we were sent by the Governour in very great Haste from Philadelphia upon the News of this un- happy Accident, which we have been enquiring into. We, there- fore, had not time to bring with us any Presents to make you, nor could we indeed believe they would be expected on this occasion. We thought however, that if any should be wanted they might be easily had at Conestogoe, but find them very scarce. We have however procured two Strowd Coats to be sent to our Brethren, the Sinnekaes, to cover our dead Friend, and this Belt of Wampum, (which was again taken up) is to wipe away Tears. We yesterday recommended to you to think of a fit person to carry the Message, which we hope you have done, and pitched upon one accordingly.

The Indians answered : They had deferred the choice of a person till this meeting, and then they named some one of them we much desired should be the Person, but he excused himself. At Length one Skatcheetchoo, a Cayoogoe of the ffive Nations, and of that next in situation to the Sinnekaes, who had for divers years resided among our Indians was chosen, and he undertook the Journey, but said he could not leave his Family, who then wanted Bread, unless they were provided for. We assured him, that the next Day six Bushels of Corn should be brought to him for his ffamilys support in his Absence, and for his own Journey he should have a Stroud Coat, a new Gun, with three pounds of powder and six pounds of Lead, which he seemed cheerfully to accept of ; some Palatines, undertook on the Secretarys Promise to Pay to bring the Corn next Day ; A Gun and the Lead we had from John Cartlidge, but he having no good Powder nor Strouds at home, Peter Bizallion promised to de- liver these to the Messenger as he past his House near Pexton. Soon after the two Stroud Coats were presented, one of the Conestogoe old men proposed to Civility, that John Cartlidge having before given them a Stroud, with a string of Wampum for the same pur- pose ; these should also be sent with the others, which being ap- proved of by the other Indians, the said Strowd and Wampum was brought and added to those we had delivered.

The Messenger being fully concluded on, We desired Civility and him to be with us in the Evening, at John Cartlidge's House, to re- ceive the Words of our Message ; but first we proposed to the Indians to send a Message from themselves in Conjunction with ours to shew their Satisfaction in our proceedings, but they gave us to understand that they could not joyn any Words of theirs to our Present, for no such thing was ever practised by the Indians, and they had no Belt ready of their own, otherwise they would send it. Civility was then privately informed that We had a Belt also for them, (the Secretary having carried up two) which they might take as their own, and send it accordingly. He seemed much pleased with this, and we prepared for that time to take our Leaves ; But before we did this We judged it necessary to caution them, that from the example we

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had given them of our great Care and Tenderness over them, and our Regard to our League made with them. They should be very careful on their parts not to give offence to the Christians who were settled near them, or by any means to injure their Cattle or any thing belonging to them; For as we would suffer none of our People to injure them without punishing the offenders, So we could not receive Injuries without requiring Satisfaction; And this we endeavoured fully to impress upon them, After which we took Leave of them all, ex- cepting Civility & the Messenger, and came to our Lodging at John Cartlidge's whither also about two hours after came the said two last mentioned Indians ; And to the Messenger we delivered the follow- ing Words as the signification of the Belt we sent with him, viz :

Deliver this Belt from the Governour and Government of Pensil- vania to the King or Chief of the Sinnekaes, and say that the Words it brings are these.

William Penn made a firm Peace and League with the Indians in these parts near forty years agoe, which League has often been re- newed and never broken, but an unhappy Accident has lately befallen us. One of our Brethren and your People has lost his Life by some of our People ; Rum was the first cause of it; He was warm and brought his Gun in Anger against them. They were afraid of his Gun took it from him, wounded him and he died. Our Governour, on the first News of it sent us two of his Council to inquire into it. We have done it, and we are now taking the offenders to Philadia. to answer for their Fault. We send these Strowds to cover our Dead Brother, and this Belt to wipe away Tears ; And when we know your mind, you shall have all further reasonable satisfaction for your Loss. Civility also receiving the other Belt privately, promised they would hold a Council the next Day among themselves, as they had before engaged to us, and sending that Belt in their own Name would give an Account by it of our Governours great Care over them, and of all our proceedings in this matter.

Being the same Day credibly informed That the ffive Nations had sent down a large Belt of Wampum, with the ffigure of a Rundlet and an Hatchet on it to the Indians settled upwards on Sasquehannah, with orders to stave all the Rum they met with. We judged it ne- cessary to send by the same Messenger a public order, under our Hands and Seals, to all our Traders whom he should meet with, to acquaint them, that as their carrying of Rum to the Indians was against Law, So the Indians staving it was no more than what from time to time they had been encouraged to do, and therefore they must take care not to cause any Riot or Breach of the Peace, by making any Resistance ; A Copy of which Order is here presented.

All this time from the first Day of our Arrival at Conestogoe John Cartlidge, and from the second day Edmund Cartlidge, had by virtue of our Warrant, been in the custody of the High Sheriff of Chester, who accompanied us, or in that of persons deputed by him.

The next Morning, Civility the Messenger, and divers of the old Men came over to John Cartlidge's to see us at our Departure. The Messenger assured us He would set out the next morning, viz. the

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17th, That he hoped to be with the Sinnekaes in Eight Days, and to return in thirty ; That he and Civility, upon his Return, would come directly to Philada. to give an Account here of the Discharge of his Message.

We then very much pressed John Cartlidge, (Edmd. being gone before with an officer to his own House almost in our way) to hasten and go along with us. His Wife grieved almost to Distraction, and would force herself and her child with him, but was at length pre- vailed with to stay ; This caused us some Loss of Time. The woman's sorrows being loud the Indians went in to comfort her, and so we departed.

We have brought both John Cartlidge and Edmund Cartlidge Prisoners to Town, together with the Lad Jonathan who was present at the ffact, and have committed them to the Custody of the High Sheriff of Philadelphia, where they now are, William Wilkins was one hundred and fifty miles up Sasquehannah trading for his master, and therefore too far out of our Reach.

This, may it please the Governour, is in pursuance of our Instruc- tions, the Report we have humbly to offer of our executing the Com- mission with which we were intrusted.

JAMES LOGAN, JOHN FFRENCH.

The said Commissioners further reported, That they had caused John & Edmd. Cartlidge to be brought to Philadelphia, where they now remain in the Sheriff's Custody, by virtue of their Warrant, for suspicion of Killing the Indian mentioned in their Report, which in their humble opinion was the highest Cause of Commitment that the Evidence taken before them, as it is narrated in their Report would admit of.

That the Body of the Indian supposed to be Killed had been buried about six weeks before their arrival at Conestogoe, in a soli- tary uninhabited wilderness, three Days Journey from thence; So that is was not only out of time to have a satisfactory view taken of the same, but also it was then impracticable for them to get such a Number of Christians to undertake that Journey as would constitute a legal Jury.

Hereupon, it was the unanimous Opinion of the Board, that the Commrs. had faithfully and diligently executed the Trust reposed in them, and after some time spent in reasoning upon the most legal, as well as prudential methods, that in this uncommon and extraordi- nary Case could be taken for a more clear Discovery of the Truth in order to bring the offenders to Justice; the further Consideration thereof was deferred untill to morrow at three in the afternoon.

David Evans, Deputy Sheriff of Philadelphia attending, was called in and ordered to keep the said prisoners, John and Edmund Cart- lidge, in safe Custody, by virtue of the Commrs. Warrant whereby they stand already committed, and that He produce Jonathan Swin- del, John Cartlidge's Servant, before this Board to Morrow at three in the afternoon.

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At a Council held at Philadelphia, March the 22d, 1721.

PRESENT :

The Honorable Sir WILLIAM KEITH, Bart., Governour.

Richard Hill,

Thomas Masters,

Samuel Preston,

Andrew Hamilton, Att. Genl.,

Jonathan Dickinson,

Henry Brooke,

Colo. John ffrench,

James Logan, Secry.

The Consideration of the Case of John & Edmond Cartlidge being resumed, Jonathan Swindel, an Evidence who attended in the Sheriffs Custody, was called in and examined upon Oath ; but his Deposition or Evidence not appearing to warrant any higher Cause of Commit- ment than what the Commissioners at Conestogoe had already made, viz : The Suspicion of Killing, it was not thought proper to alter the Commitment of the Prisoners, but leave them in the hands of the Law. It being hereupon observed, that there was two vacancies in the standing Commission of Oyer & Terminer, and that perhaps the Circumstances of this affair inight require a Special Commission limited to Time and place ; The Clerk was ordered to produce a Copy of the last Commission of Oyer & Terminer for the Tryal of Capital Crimes and Felonies of Death ; Which being read, the Board was of opinion that if the said Commission, with some amendments men- tioned by the Attorney Genl. was renewed, and the Vacancies filled up, it would answer this as well as all other Cases of the like Nature.

A Petition from John & Edmd. Cartlidge was presented to the Board, and read, setting forth. That they are heartily sorry for the Death of the Indian (if He be really dead) on Suspicion whereof they now stand committed ; That they had no Intention to hurt or injure the said Indian, but that what they did was in their own Defence and for preservation of their own lives. Nor can they believe that what was done on their part by reason of the amazing Surprize they were in, and be the occasion of the said Indians Death, they therefore earnestly pray for a Speedy Tryal, (if this Board finds a Tryal necessary) or otherwise that they may be admitted to Bail, which they conceive to be a Priviledge due to them by the Law of the Land.

After some Reasoning upon the subject of this Petition, the Ques- tion was put, Whether the Petitioners ought to be admitted to Bail or not? and it carried in the affirmative, And Mr. Attorney was de- sired to prepare the Conditions of their Recognizance against Satur- day morning next, the 24th instant, to be then agreed to by the Board, and afterwards taken and executed at the Court House, before the Governour, in the most public manner; And it is ordered, that the Petitioners in the mean time have Notice to provide sufficient Bail.

It was moved and readily agreed to by the Governour, that John Cartlidge's Name be struck out of the Comission of the Peace for the County of Chester.

The Secretary and Colonel French laid before the Board an Ac- count of the Charge of their late Negotiation with the Indians at

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Conestogoe, being Nineteen pounds Eighteen Shills. and nine pence cash disbursed, Which is allowed by this Board, together with twenty Shillings per Diem to each of the said Gentlemen for the time spent in that Journey, being eleven Days, amounting in the whole to the Summ of Forty one pounds 18s. 9d., which is ordered to be laid be- fore the Assembly for an order of Payment, at the same time with the Accott. of the Charge of the Treaty with the Deputys of the ffive Nations, at Conestogoe in July last, the Balance thereupon due being One Hundred & fourteen Pounds fourteen Shillings, allowed · by this Board, and ordered to be laid before that House.

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Colonial records of Pennsylvania, Vol. III, Part 17

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 634

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 634