USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 18
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At a Council held at Philadelpiha, March the 24th, 1721. PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Govr.
Richard Hill,
Andrew Hamilton, Att. Genl., Henry Brooke,
Isaac Norris,
Thomas Masters,
James Logan, Secretary.
Pursuant to the Resolution of the last meeting of this Board, John & Edmd. Cartlidge appeared before the Governour and Coun- cil, at the Court House, and became bound by Recognizance to the Kings Majesty in manner following, viz: the said John Cartlidge in the Summ of ffive hundred pounds with Edward Farmer, of the - County of Philada., Gent., and John Davis, of the City of Philada., Taylor, his Suretys in the Summ of two hundred and fifty pounds each, And the said Edmond Cartlidge in the like Summ of £500, with Charles Read, of the City of Philada., Mercht., and James Steel of Philada., Gent., his Sureties in the Summ of £250 each, to be levied of their and every of their Goods & Chattels, Lands & Tenements, for the use of our Sovereign Lord. the King, Sub Con- ditione.
That the said John Cartlidge shall make his personal appearance before the Governour & Council of this province of Philadelphia, the twentieth day of April next, then and there to make Answer to such matters as on his Matys Behalf, shall be objected against him concerning the Death of Saanteenee, an Indian, which the said John Cartlidge is suspected wilfully to have slain upon a sudden falling out, And that He, the said John Cartlidge, in the mean time do keep the Peace of our said Sovereign Lord the King, towards the Kings Maty and all his Liege People, and all these Nations of Indians in Peace & Amity with this Government. And that in the mean time He, the said Jno. Cartlidge, shall not go over the River Sasquehan- nah to trade, deal or barter with any Indians; That then and from thenceforth this present Recognizance shall be frustrate and made void, or else to remain in full force and virtue.
And the said Recognizance being duly acknowledged by the said John and Edmd. Cartlidge, with their respective Sureties above named, They were dismissed.
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At a Council held At Philadelphia, March the 28th, 1722.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Govr.
Richard Hill,
Thomas Masters,
Isaac Norris,
Andrew Hamilton, Att. Genl.
Samuel Preston,
Henry Brooke,
Anthony Palmer,
James Logan, Secretary.
Present also, David Lloyd. Esqr., Chief Justice.
There having been occasion lately to take Notice in Council of two Vacancies in the Commn. of the Supreme Court, the Governour acquainted the Board, That He had called them together at this time Chiefly to advice with them upon that Head. Observing to them, That as it had hitherto been the Practice to keep the same Equality upon that Bench as at this Board, between those of the Church of England and the People called Quakers ; They were now to think of recommending two Churchmen to the Governour, who in their opi- nions, would be fit to act in the said Commission along with the Chief Justice and Mr. Hill; But the members seeming inclined to have a little more time to consider of fit persons for filling up the said Vacancies ; the consideration thereof was referred unto the next meeting of the Council.
Whereas the Governour has acquainted the Board, That He has made a considerable Advancement in the Erecting of a Building at Horsham, in the County of Philadelphia, in Order to carry on a Manufacture of Grain, &c., And that it is necessary some convenient public Roads and Highways through the Woods to and from the said Settlement, be laid out by order of this Board.
It is therefore, at the Governours Request, ordered, That Robert ffletcher, Peter Chamberlain, Richard Carver, Thos. Iredale, John Barns & Ellis Davis, or any four of them, do run out and make Re- turn of a convenient publick Road and High way, from the Gover- nour's Settlement at Horsham to the Meeting House there, and from thence to a small Bridge, commonly called the Round Meadow Run, where it meets again with Abingdon or New York Road. And also, that the said Robert ffletcher, Peter Chamberlain, Richd. Carver, Thomas Iredale, John Barns & Ellis Davis, or any four of them, do Run out and make Return of a Road and High Way, to begin at the Intersection of the said New York Road at the Division Line between the Counties of Philadia. and Bucks, to be continued upon the said Line upwards, as far as they shall judge convenient or ne- cessary for accommodating that Neighbourhood ; And it is ordered, that the Returns of the said Roads be made in thirty days after this date.
An Address to the Governour from "David Lloyd & Nathaniel Newlin, in behalf of themselves and the other Commissioners ap- pointed by Act of Assembly for the County of Chester, was read by the Governours order, as properly relating to this Board, notwith- standing the said persons thought fit to direct it to the Governour only, setting forth the Inconveniences which may ensue from the
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PROVINCIAL COUNCIL.
Order of this Board, for the first of February last, upon a Petition from divers Inhabitants on the South Side of and adjacent to the River Schuylkill, who were taxed both in Philadelphia and Chester County, and praying such relief from the unrighteous Attempts of the said persons to sever themselves from the said County of Chester, as the Governour in his Wisdom should think fit.
The said David Lloyd being present was told, That the order of the Governour & Council of the first of ffebruary last, to which their Address had relation, imported only, that no regular Division of the Counties of Philadelphia and Chester had yet appeared to this Board, And that the Collectors of the Taxes for the County of Chester were ordered to forbear calling upon or levying those Taxes on such per- sons only as heretofore had paid to and were now taxed in the county of Philadelphia, which were not above six in Number, ffor that it was unreasonable they should pay to two Counties the same Taxes for the same Lands or Estates ; And that the order itself plainly de- clared, That this Injunction was intended to continue no longer than till such time as the Limits of these two Counties could be adjusted and fixed ; That it was of great Importance that they should without Delay be fixed, And as the Address implies that this has already been done, the Commissioners of Chester County were desired to . make it appear to the Board accordingly.
David Lloyd replied, That there were persons yet living who re- membered the running of the Division Lines, which was done He believes about the year 1688, under the Administration of Governour Blackwell, but that they Knew not where to apply for any Record or written proofs of it, except to the Secretary, in whose Custody all things of this Kind should be kept.
The Secretary hereupon informed the Board, That He succeeded Patrick Robinson in the year 1700 in that office ; That the said Pa- trick dying not long after, He had never received from his Widow and Relict any of the Papers relating to the Secretary's office ; That orders at his Instance had been issued by the Governour & Council, for the Delivery of all such Papers then in the Custody of the said Relict or of her Husband, Griffith Jones, who had then intermarried with her. But that by an Assembly of this Province, of which David Lloyd was Speaker, and the said Jones a Member, It was ordered, as might he believed be yet found on their Minutes ; That the Papers and Writings of public Concern left by Patrick Robinson, in the hands of his Widow, should be kept by the said Griffith Jones, So that He (the Secry) could never obtain them; That the said Griffith Jones being since dead, and his Widow intermarried with John Swift, he supposed those Writings might now be in the said John's Custody.
The Inconveniency as well as Indecency of suffering such matters of Importance to the Public to lie in any private Hands whatsoever, or out of the Office they properly belonged to, being taken into Con- sideration, It is ordered, That the Secretary and Attorney Genl. shall without Delay call upon the said John Swift or his Wife, the Relict of the said Patrick Robinson, for all such Records, Papers
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and Writings relating to the Govmt. or that are of a publick Concern, as were in the Custody of the said Patrick Robinson at the time of his Decease, and upon all and every other person and persons in whose hands any such Records, Papers or Writings may be found, and take the same into their Custody, to be delivered into and kept in the Secretary's Office, to which they properly belong; And of their proceedings herein they are to make Report to this Board.
The Secretary also is ordered to make further Search for the proofs that have been mentioned of the Division Line between the Counties of Philadelphia & Chester.
At a Council held at Philadelphia, April 16th, 1722.
PRESENT :
The Honourable Sr. WILLIAM KEITH, Esqr., Bart., Governour. Richard Hill,
Anthony Palmer,
Samuel Preston,
Henry Brooke,
Andrew Hamilton,
James Logan, Secretary.
Isaac Norris,
The Governour spoke as follows.
Gentlemen of the Council :
Upon some Information I lately received, that the Indians were . like to be disturbed by the Secret and Underhand Practices of Per- sons, both from Mary Land and this Place, who under the Pretence of finding a Copper Mine, were about to Survey and to take up Lands on the other side of the River Sasquehannah, contrary to a former Order of this Government; I not only sent up a Special Messenger with a Writ under the Lesser Seal to prevent them, but took this Occasion to go towards the Upper parts of Chester County myself, in order to Locate a small quantity of Land unto which I had pur- chased an original Proprietary Right; And understanding further upon the Road, that some Persons were actually come with a Mary Land Right to Survey Lands upon Sasquehannah, fifteen miles above Conestogoe, I pursued my course directly thither, and happily ar- rived but a very few hours in time to prevent the Execution of their Design.
Having the Surveyor General of this Province along with me in Company, after a little Consideration, I ordered him to Locate and survey some part of the Right I possessed, viz : only five hundred acres upon that Spot on the other Side Sasquehannah, which was like to prove a Bone of Contention, and breed so much mischief, and he did so accordingly upon the fourth & 5th days of this Instant April, after which I returned to Conestogoe, in order to discourse with the Indians upon what happened ; But in my way thither I was very much surprized with a certain account that the young men of Co- nestogoe had made a famous Warr Dance the night before, and that they were all going out to War immediately ; Hereupon, I appointed a Council to be held with the Indians next morning in Civilities Cabin, and these are the minutes which I carefully took myself of all that pass'd between me and the Indians.
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PROVINCIAL COUNCIL.
[Here ye Minutes should have been inserted, but they never hav- ing come to my hands, the opposite leaf is left blank for ym.]
The Governour laid before the Board a Commission under his hand and the Lesser Seal of the Province, in the Kings Stile, dated the 31st day of March last, & directed to Joseph Pidgeon, mention- ing certain Stipulations between the Governours & Councils of Mary Land and this Province, that no Surveys or Settlements should be. made by any private Person whatever, on the west side of Sasque- hannah by Rights from either Province, and thereupon, and for pre- venting any disturbance to the Indians, by means of such Surveys or Settlements, impowering and requiring the said Joseph Pidgeon, and his Deputies, to make diligent enquiry and search after any Person or Persons, who under the pretence of Land Rights from Mary Land or from this Province shall presume to survey or settle any Lands within ten miles distance of Sasquehannah to the West- ward, and not only to forbid all persons to survey as aforesd., but by force to restrain them ; And the Governour directing his discourse to Richard Hill, Isaac Norris, and James Logan, Proprietary Agents or Commissrs. of Property for this Province, and three Lower Coun- ties, complained that James Steel, (the person who for some Years past has been intrusted with the management of the Land Office under the sd. Agents) without paying the Regard due to the Gover- nours Authority expressed in the sd. Commissn. had pretended to Survey Land over the River Sasquehannah, notwithstanding the Per- son or Persons deputed by virtue of the sd. Commission had forbid him, which action as it appeared a Contempt of the Governours au- thority, and might be of unhapyy Consequence with the Indians, as being contrary to what the Governr. in his Treaty two or three days before had stipulated with them. He was obliged to take notice of it and call the sd. James Steel to an account for it, but first the Go- vernour desired to know if James Steel had any directions from the said Agents or Commissioners for his proceeding herein.
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The Commissrs. answered that James Steel had orders from them to make a Survey beyond the Sasquehannah, and for these orders it concerned them to Answer; but if he had behaved himself disorderly, or had tresspass'd against any Legal order of Government, (to which they were wholly strangers) They should not justify him in it. However, as the matter seemed to them to relate to an affair of Pro- perty, they conceived it lay not properly before the Board to take any Cognizance of the matter.
NOTE-See the Minutes of March 15th, 1724-5, and 13th of same month.
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At a Council held at Philadelphia, April 20th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Andrew Hamilton, Attny. Genl.,
Isaac Norris,
Henry Brooke,
Anthony Palmer,
James Logan, Secretary.
Thomas Masters,
Cartlidge's \ John & Edmund Cartlidge appeared before the Go- affair. S vernour in Council, and desired that their appearance might be Entered in Discharge of the Condition of their Recogni- zance, and the Sheriff of Philadelphia being called in, the Govr. immediately Commitied the said John & Edmund Cartlidge into his Custody, untill they should be discharged therefrom by due Course of Law.
And then they withdrew.
The Governr. desired that the Board would give him their Opin- ions, whether in case the said John & Edmund Cartlidge did insist upon the priviledge of being again admitted to Bail upon Habeas Corpus, it could be legally denied them. To which the Attorney Genl. said, that there being no other or more prooff against them now, than what appeared at the time of their being first admitted to Bail, if they demanded it, he did not think the Priviledge of a Habeas Corpus could be legally refused, and the Board acquiesced in the same opinion.
The Governour laid before the Board several Bills sent up from the Assembly at their last Session, one of which being read, the fur- ther Consideration of the said Bill is deferred untill Tuesday next, the 24 inst., at nine in the morning, unto which time the Council is adjourned.
At a Council held at Philadelphia, April 30th, 1722. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Govr.
Richard Hill,
Thomas Masters,
Isaac Norris,
Andrw. Hamilton, Att. Genl.
Samuel Preston,
Henry Brooke,
Antho. Palmer, James Logan, Secretary.
Ordered, that the Provincial Treasurer pay unto Samuel Robins the Sum of Ten Pounds, which with five pounds formerly paid him by the Secretary, (and of which it is hereby also ordered that the Secretary be forthwith reimbursed out of the publick Treasury) is al- lowed him by this Board, in consideration of his being sent Express to Virginia in the month of February, Ao. 1720, for the Service of the Publick, wch. said Summs the Treasurer is hereby directed to Charge to Acott. of Indian Treaties for the said year 1720.
The Govr. laid before the Board a Bill sent up from the Assembly, entituled An Act for Vesting
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PROVINCIAL COUNCIL.
The Board unanimously agreed in the Justice and Equitable In- tention of the said Bill; But considering its importance, and some Amendments being also proposed, It is recommended to the Secre- tary & Attorney Genl. to peruse and make their Observations there- upon, and that they Report the same to the Govr. or the Govr. & this Board, in order to be further Considered of before the Bill is re- turned to the Assembly.
The Clerk presented the Returns of two Roads laid out by order of this Board, the 28th of March last, which were read, and ordered to be laid before the Council at another meeting.
At a Council held at Philadia., May 3d, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris,
Samuel Preston, Henry Brooke,
Some Amendments were proposed by the Governour, with the Advice of the Council, to the Bill entituled An act for imposing a Duty on Persons convicted of heinous Crimes, and imported into this Province as Servants or otherwise.
The Messenger sent by the Secretary to Colo. French, from Con- estogoe to the Five Nations, being returned with Civility, and some other Indians from Conestogoe along with him, to morrow at ten in the morning is appointed to receive the Indians Answer in Council ; And it is ordered that the Assembly now sitting have notice by a Message from the Governour, to be present at Council if they think fit.
At a Council held at Philadelphia, May 4th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Anthony Palmer,
Samuel Preston, Henry Brooke,
Andw. Hamilton, Att. Genl.
James Logan, Secretary.
Isaac Norris,
PRESENT ALSO :
Conestogoe Indians : Tacuttelence, als Civility, Satecheechoa, the Messenger sent to the five Nations now returned, Tiollhanse, Coll- hageherad.
Civility, Interpreter from the Minguay into the Delaware Lan- guage, & Edward Farmer, Sworn Interpreter from the Delaware into English.
The Governour spoke to the Indians as follows :
The Governour and his Council are here to receive the Words of their great friends and Allies the five Nations, And we are glad that our dear Brother Capt. Civility is also here to give us a faithful In- terpretation, that We may clearly see into the Hearts and Breasts of our good Friends.
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Civility says, That the Chiefs of the Shawanois & Cayugues in- tended to have been present at this Council, but that Provisions being very scarce in their Towns, they could not leave their Families destitute of their Assistance.
The Govr. desired the Indians to proceed & deliver what they had to say to him & his Council.
Ansr. from the )
Then Satcheechoe delivered the Answer of the
5 Nations. Five Nations, which was interpreted as follows :
That James Logan came up to Conestogoe from the Govr. on the News of one of their Cousins being killed, to acquaint them of our great sorrow for the unhappy accident, and had delivered a Belt of Wampum to wipe away their Tears; They had received that Belt, and now returned another also to wipe away ours.
He delivers another Belt of Wampum and says, That they are thus far well pleased in what is done ; That they hope the Bones of the Dead man will be taken care of and kept in memory, & that they desire a good understanding may be preserved between them & us ; That they have received also from the Govr. two Strouds which they will keep as long as they live, but do not receive them as any Satis- faction for the Loss of their Brother.
He presents another Belt and says, That when James Logan de- livered the Belt to be sent to them, He said it was desired that two of their Kings or Chief men might come down to us to Agree upon what satisfaction should be made to them for the Loss of their Re- lation ; That all things being well understood between them and us, no heartburning should be left ; They accepted that Belt & Message, and were willing- that there should be no Heart-burning, and as a Token of it they sent this, Belt now presented in Return, but they would not come to us on this occasion.
He presents another Belt from the Chief of all the Five Nations, who says, This Governmt. sent up two members of Council to Co- nestogoe upon this Business, but two Persons were not sufficient to make it up and answer for a whole Country. They expect a greater number of People, & now send this Belt to require the Governour to go up to him, For as the offence was committed by the English, it is the Govrs. Duty to go up to them, and not theirs to come to us ; That this Belt is to shew the Governour that He may come safely to them, and when he is there all things shall be fully accommodated ; That they are now making War with the Cheekaragoes, but on the Governours coming they may make Peace with those People, & so have Peace with all the Main.
He presents four small strings of Wampum & says, That these are sent as a string to draw away the Governour as by the arm im- mediately, even this day without any Loss of time that so all may be friends together.
The Governour then told the Indians that he would cause notice to be given them when they should attend to receive his answer.
And the Council was adjourned to four o'clock in the after- noon.
PROVINCIAL COUNCIL.
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And accordingly, May 4th, P. M.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Govr. ; and the same members as in the forenoon.
The message from the five Nations this day delivered to the Govr. in Council, in Answer to that sent them by the Secretary & Colo. French from Conestogoe, being now taken into Consideration ; And the Govr. and every member present having severally delivered their Opinions of the nature of the answer to be returned them on the part of this Governmt., and the manner in which the same is to be conveyed to their hands; It is recommended to the Secretary to draw up the Resolutions of the Board thereupon, in order to be re- ported and approved by the Board to morrow morning, against which time the Govr. is pleased to undertake to prepare what may be pro- per to be said to our own Indians on this occasion, to be laid before the Board at the same time.
Cartlidge's Resolved, That John & Edmund Cartlidge be deli- Committee. " vered into the hands of the proper Magistrates in order to be prosecuted according to Law, and that they continue in Cus- tody of the Sheriff of Philada., by virtue of the Governrs. Commit- ment.
The Governour acquainted the Board, that he had returned to the House of Representatives the Bills which the Council had under consideration, on Tuesday last the first inst., with the amendmts. then proposed, that since that time the Assembly having again sent up the said Bills, with their objections to the said Amendmts. He had by a message acquainted them, that to save their time & a Charge to the Country, He would not insist upon his amend- mts. to the Impost & Negro Bills, but adhered to those made to the other Bills, viz. : to the Supplementary Act for the more ef- fectual raising of County Rates & Levies, and the Bill for encourag- ing the making of good Beer & Consumption of Grain in this Pro- vince.
Which Bills, together with two other Bills sent up this afternoon from the Assembly, viz : An act for laying an Excise on Wine & Rum, & An act to prevent the Exportation of Flour not mer- chantable, are referred to Richard Hill, Saml. Preston, the Secre- tary & Attorney Genl., who are appointed a committee to confer with a Committee of the House of Representatives upon the said Bills, with Power to make such Alterations & Amendmts. therein as they shall judge expedient, and are ordered to Report the same to the Board.
At a Council held at Philadelphia, May 5th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Saml. Preston,, Henry Brooke,
Isaac Norris,
Thomas Masters, James Logan, Secretary.
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' The Draught of the Message to the Five Nations, as also the Go- vernours Speech to be delivered to our own Indians, yesterday re- commended to be prepared were laid before the Board, and the subject matter of both further discoursed of and referr'd to the next meeting of Council.
The House of Representatives waited upon the Govr. according to order, and presented for his Approbation a Bill entituled An act for imposing a Duty on Persons convicted of heinous Crimes and im- ported into this Province.
To which the Govr. gave his Assent and passed it into a Law of this Province, and ordered the same to be sealed & published forth- with.
The Governr. acquainted the Assembly, that the Bills which were sent him yesterday from their House were referred to a Committee of the Council, & desired that they would appoint a Committee of their House to confer with the said Committee of Council thereupon.
At a Council held at Philadelphia, May 9th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris,
Saml. Preston, Thomas Masters,
Andw. Hamilton, Att. Genl., James Logan, Secretary.
The Secretary from the Committee of Council appointed on Friday last, ye 4th inst., to Confer with a Committee of the House of Re- presentatives upon the Bills then referr'd to them, reported the Amendmts. made to the said Bills, and particularly took notice of the Proposal made by the Committee of this Board, That there be a Clause inserted or added to the Supplementary Act for raising County Levies, or in a separate Bill, For making Tickets for Elec- tions distinct.
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