USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 19
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A Bill sent up from the Assembly, entituled An act for the en- couragmt. of raising Hemp in this Province & making the same Current Pay, was read and considered, to which several Amendments were proposed.
Also two other Bills, viz: An act for settling a Ferry at Thomas Yardly's, &c., and An act for Establishing a Ferry at the end of the High Street of Philadelphia, were severally read & Considered; To the first of which The Govr. has nothing to object, only recommends it to the House to review the Language & to give it a Title.
As to the other, viz : That for establishing a Ferry at the End of the high Street of Philada. The Govr. is of opinion that the ferry's now erected & used are sufficient for the present; That there are divers considerable Works in the City now in Hand which ought first to be finished, & then the proposal may more seasonably be con- sidered.
The Governour drew up the following Message to the Assembly, which was read and approved by the Board, and ordered to be sent to the House immediately. The Message was in these words.
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PROVINCIAL COUNCIL.
Mr. Speaker & Gentlemen of the Assembly :
After I had received the answer of the Five Nations to our Message from Conestogoe, I did with a due Regard to the publick Justice of this Government, & to what you had recommended to me , from your House, give the necessary & proper orders by advice of the Council for committing & prosecuting John & Edmund Cartlidge according to the common Course of the Laws. But still I find that all our just expectations in the Issue of that affair, as well as in accommodating matters with the Indians to Content, are in danger of being frustrated if some Provision is not forthwith made by the Assembly for defraying the Charge & Expence that must necessarily attend the puttting our Deliberations & Resolutions in Council into Practice.
I must therefore desire that your House will now take the follow- ing particulars into your Consideration, & to acquaint me with your Resolutions thereupon as soon as may be.
1. That before the Govr. can promise to meet the Sachims of the Five Nations at Albany this Summer, as it seems they expect, It is necessary that the Assembly come to a Resolution to support the Charge of that Journey, and of the Presents that must be there made to the Indians upon renewing all our former Treaties of Friend- ship with them.
2. That the House will please immediately to issue an order upon the Provincial Treasurer, to pay in Course what the Governour & Council thinks proper to be given to the Indians at their Departure, and to confirm what the Governour has now to say to the Sachims of the Five Nations by the Return of the same Messenger.
3. That good & creditable men may be readily prevailed with to accept of the Vacancies which are now in the Commission of the Supreme Court, the Assembly will please to declare, whether they will make any allowance by way of Salary to the other Judges as well as to the Chief Justice, & how much may be expected for that service.
At a Council held in the Court House in Philada., May 11th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH Bart., Govr.
Richard Hill, Saml. Preston,
Thomas Masters,
Isaac Norris, Colo. John French, Andw. Hamilton, Att. Genl.
1
PRESENT ALSO :
Edward Farmer & Alice Kirk, sworn Interpreters from the Eng- lish into Delaware, & Civility, Interpreter from the Delaware into the Minguay Language, and many other People & Indians.
The Govr. made the following Speech, to be delivered by the Mes- senger Satcheechoe, to the Chiefs of the five Nations, in these words, viz.
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2d message to ) Tell my great Brother & good Friend, Saccum- ye 5 Nations. § cheuta, and the other Chiefs of the Five Nations, That we have with great pleasure received the Return of our faithful messenger Satcheechoe, and we joyfully accept the four Belts & Strings of Wampum which they sent to us by him. I am glad to find that the Brethren have open & clear hearts filled with Love & affec- tion to their friends here. My heart was indeed filled with sorrow for the Loss of our Brother who is dead, yet since my great friend Sacauncheuta & the rest of the Brethren desire us to wipe away our tears, we will dry them, but our Grief still remains. Our Message from Conestogoe, was only sent to Express our sorrow, & not to offer any satisfaction for our Brothers death. We have already taken & shall continue to pursue the same measures with the offenders as if an Englishman had lost his Life, but they must be judged by the Laws of our Great King, which make a difference between the case of a man Killed in a Quarrel through heat of Blood, and when the Design is form'd in the mind before hand to destroy or kill a man.
I would rejoice to see any of the Chiefs of the Five Nations here, and I would treat them like Brothers & true friends whom I loved. But I do not find in the written words of the Message sent from Conestogoe, by Sacheechoe, which my two Counsellors put down & brought back to us, that we desired any of the Chiefs of the great Five Nations to come to us just now. But when I have done what the Laws of our great Kiug directs to be done, for punishing those who have caused us this Grief, then I shall be glad to see any great men that the Brethren will please to send either to Conestogoe or this place, and then every Link of that Strong Chain between us shall be made as bright & clear as the Sun.
I would go with pleasure a great way to see my great friend Sacauncheuta & the Brethren at their own habitations. But I can- not travel unless it be upon a Horse or in a Ship, and I am just now very busie with my Assembly making Laws to hinder the Christians from carrying Rum out in the Woods to hurt the Indians, that we may prevent any more occasions of bringing grief into our hearts.
The Brethren know very well, that the Governour of Virginia has promised either to come himself or to send Ambassadors to meet them at Albany this Summer ; if therefore, my great & good friend the Governr. of New York will please to go to Albany at the same time, I shall be glad to go along with him, that I may eat, drink, & discourse with all the Brethren & open our Breasts to one another.
I hope my great friends, the Sachims of the Five Nations, received all the words of Peace & Friendship which I spoke to their Ambas- sadors at Conestogoe last Summer, and also the picture in Gold of the great King George my master, which I then sent to my great friend Kennygouhaa, as a token of the firm & lasting friendship then established between us and the five Nations. I rejoiced to hear that the Ambassadors had also renewed & brightened the Chain with the English in Virginia. But I was very sorry & shed tears, when they
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told me that Ghesaont was dead, for I loved him as a Brother that had a brave & true heart. But I know the Brethren have many great & good men remaining still amongst them, and whensoever they please to consult with me, I will not only write & send messen- gers, but also go myself and labour to make peace for them, with any Nation or People who either are at War with them or threaten to disturb them.
I hear that our Brother who is dead was a near Kinsman to my great friend Sacauncheuta, I therefore send him a mourning Ring off my own finger, to be put upon his finger, to signify that I will always have the same Regard for his Kindred as if they were my own Kindred, for after this manner it is that we remember the Death of our nearest Relations and friends amongst the English. Brother Satcheechoe,
Tell the Great Five Nations, that as I am now in the place of the Great William Penn, their old friend and Governour of this Country under the Great King of England, I and all the English here under my Government are with open and true hearts, faithfull friends to the Five Nations, and so long as they keep their Leagues & Treaties with the English Governments, they may be assured & depend upon it that their friends shall be our friends, & so we shall remain as one People together by a Chain that can never be broken.
To confirm these words, The Governour has instead of Belts sent to the Sachims of the Five Nations the following things, viz :
Five of the finest Calico Shirts,
five pair of fine Silk Stockings,
five pair of Silk Garters, and
five Silk Handkerchiefs.
After which, The Governour spoke to the Conestogoe Indians as follows :
Friends & Brothers of Conestogoe :
Speech to the ? It makes our hearts glad to see how carefull & Conestogoes. diligent you are to brighten the Chain & make it strong between us and your Kinsmen, our good Allies the Five Nations.
We know the Five Nations to be a Wise People but they live a great way off, and many words that we send to them & they send to us may be lost by the way & never told, because the English Inter- preters do not understand the Indian Language so well as you. When at any time, therefore, you do not so clearly understand what we say for want of a good interpreter, you must look upon our faces and observe our actions, for by that you will know our hearts and we shall do the same by you.
Friends & Brothers of Conestogoe,
You are the same flesh and blood with us, and we are all men, sometimes wise & sometimes weak. You Honr. and Esteem a wise man amongst you, and so do we. But if any of our people committ a wicked & foolish action our Laws will punish him for it, and he cannot escape or buy it off, with any Ransom. Our Laws are all written down, and it is the will of our Great King that We obey
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them exactly even against our nearest Relation or Friend that does wickedly, otherways we shall be punished ourselves.
The chief Law amongst the English is, That when any man, let him be never so great, has done an injury to another man, let him be never so poor, We judge him after the same manner, and inflict the same prnishment upon the guilty Person as if he had done the Injury to the greatest man amongst us.
It is true, We delayed some time untill we heard from our good Friends the Five Nations. But now you see with your own eyes, That those men who are suspected to have kill'd your Kinsman and our Brother, must be tryed & judged by our Laws in the same man- ner as if they kill'd an Englishman; And this is the will of our great King, who loves the Indians so much, That he Commands all his People to do the same Justice to them, and have the same Re- gard for them as he constantly does, & shews to his own people on the other side of the great Lake. Whatsoever therefore you hear is done with these men, John & Edmond Cartlidge, do not think that it is done by us as we please, or that we can act after another man- ner to please any body, for it must be so done by force of the Laws of our Great King that are written down, and we cannot alter or dis- obey them in the least point.
We have heard that it is a Custom amongst you, when an Indian happens to be Killed, that his Relations often demand & expect Money or Goods for satisfaction. But the Laws of our Great King will not suffer any such thing to be done amongst us. We first ex- amine all persons that can tell us the Truth, and if we find that any man who has killed another had thought upon it in his mind, and was resolved to committ that wicked deed, such a man by our Laws must die. But if we understand that the man who was killed had provoked the other by doing any act whereby he intended to hurt him, so that he suddenly killed the man in his Passion without having time to consider or think upon it. Our Law will not put such a man to Death the first time he commits that fault, But if he does so a second time by killing another man after the same manner, then he will be put to Death by the Laws of our Great King, which Laws must be strictly kept and obeyed without making any differ- ence or distinction between the greatest and the poorest man amongst us. I say all these things to you that you may lay them up in your hearts, and tell them to your People & your Children, and then they will know us to be just and good men, and that we love them as our own flesh and Blood.
At a Council held at Philadelphia, May 12th, 1722.
PRESENT :
The Honble. Sir WILLIAM KEITH, Bart. Governour. Richard Hill, Saml. Preston, Thomas Masters, Isaac Norris;
Colo. John French, Andr. Hamilton, Att. Genl.,
James Logan, Secretary.
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PROVINCIAL COUNCIL.
Several amendments were proposed to the Bill for regulating the Guaging of Cask in this Province.
Upon the Consideration that was had of and Reasoning in Coun- cil, upon the Bill entituled An act for Tryal of Felonies committed in such parts of this Province of Pensila. as are not yet limited within any particular County. It was generally observed, that the Consti- tution of the several Courts of Judicature within this Province would in all respects be more regularly & effectually Established by Ordi- nance as they are done in some of our neighbouring Governmts. than by any particular Commissions ; And the Board further considering that there did not seem to be any immediate want of such Bill as that now before them, or at least that it could be thought on and prepared to much more advantage, after the Courts are Established by Law or Ordinance as aforesaid. It is recommended to the Gover- nour to move the House of Representatives by a proper Message, that they will please to Concur in sentiments with this Board upon the same subject.
POST MERIDIEM, of the same day.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Saml. Preston,
Andw. Hamilton, Att. Genl., James Logan, Secry.
The House of Representatives, according to message, waited upon the Governour and presented the following Bills, which he passed into Laws of this Province, viz :
Laws An act for laying a Duty on Wine, Rum, Brandy & Spi- Pass'd. § rits, Melassoes, Cyder, Hops & flax, imported, landed, or brought into this Province.
An act for laying a Duty on Negroes imported into this Province. An act for laying an Excise or Duty on all Wine, Rum & other Spirits, retailed in this Province.
An act to prevent the Exportation of Flour not merchantable.
An act for the Encouragemt. of making good Beer, & for the con- sumption of Grain in this Province ; and
A supplementary Act to the act for the more effectual raising of County Rates & Levies.
At a Council held at Philadia., May 18th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Anthony Palmer,
Saml. Preston,
Andrew Hamilton, Att. Genl.
Thomas Masters,
James Logan, Secretary,
Isaac Norris,
A bill from the House of Representatives, entituled
An act for Establishing Courts of Judicature in this Province, was
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read, & several Amendmts. being proposed to it by the Board, the said Bill is referred to Richard Hill, Isaac Norris, the Secretary, & Attorney Genl., who are appointed a Committee to make their ob- servations and Amendmts. thereupon, & to Report the same to the Board, as also there Amendments to the Bill, entituled
An act for Encouraging the raising of Hemp in this Province, which is likewise referred to the said Committee.
Then was read a Bill, entituled
An act for regulating the Guaging of Casks in this Province. To which several Amendments were proposed.
As to the Bill entituled, An act for settling a Ferry at Solebury, in the County of Bucks.
It is recommended to the House of Representatives to alter some parts of the stile, especially in the preamble, and to amend it accord- ing to the Form used in former Bills of that kind.
At a Council held at Philadia., May 19th, 1722. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Andr. Hamilton, Att. Genl.,
Thomas Masters, James Logan, Secretary,
Isaac Norris,
A Bill entituled, An act to prohibit the selling of Rum and other strong Liquors to the Indians, and to prevent Abuses that may hap- pen thereby, was read and considered, and several amendments pro -: posed thereto.
At a Council held at Philadia., May 22d, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris,
Samuel Preston, Thomas Masters,
Andrew Hamilton, Att. Genl., James Logan, Secretary.
Robert Assheton, Esqr., having been
Robt. Assheton, Esqr., recalled to Council. suspended from the Council Board, by the Governours order in Council, Novr. 7th, 1719. And the Govr. by his Letter of the 18th inst., having for the reasons therein mention- ed, been pleased to desire his attendance at this Board as formerly, the said Robert Assheton attended and took his place at the Board accordingly, very much to the satisfaction of all the other members present.
Wm. Assheton, Esqr. 2 William Assheton, Esqr., Judge of his Called to Council. Majesties Court of Vice Admiralty for this Province, being called to this Board by virtue of the Govrs. Letter of the 18th instant, gave his attendance accordingly, and after his being qualified as the Law requires, and also having taken the Oath
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PROVINCIAL COUNCIL.
of a Counsellor for the Province of Pensilvania, & Counties of New Castle, Kent and Sussex upon Delaware; He took his place at the Board.
The Govrs. Letters to the said Robert & William Assheton, Esqrs., having been severally read at the Board, were ordered to be Entered on the Minutes, & were as follows :
Sir William Keith, Bart., Governour of the Province of Pensil- vania, &c.
To Robert Assheton, Esqr., Recorder of the City of Philadelphia. SIR,
There being no person here that I know of, who is vested with any sufficient or Authentick Powers to take charge of the Proprie- tors Interest & Estate in this Province, and I being desirous to have the Vacancies at the Council Board filled up with such as are relat- ed to the Proprietors Family, in order to give me their best advice on all occasions where that Interest happens to be concerned. I have therefore thought fit to desire you will, upon Receit hereof, give your Attendance at the Council Board in your usual place. And to that End I do hereby Annul and make void all former orders that have been made for suspending you from the service unto which you are now called.
Given under my hand & the Lesser Seal of the said Province, at Philadelphia, the 18th day of May, Anno Dom. 1722.
W. KEITH.
Sir William Keith, Bart., Governour of the Province of Pensil- vania, &c.
To William Assheton, Esqr., Judge of his Majties Court of Vice Admiralty for the said Province.
SIR,
The great Trust you have in Charge from the Crown as Judge of His Majties Court of Vice Admiralty in this Province, your near Relation to the Honble Proprietors Family, and the Observations which I have made of your merit and skill in the Knowledge of the Laws, do sufficiently recommend you to me as a very fit person to Assist me in the Council of this Province, I do therefore hereby Nominate and Appoint you, the said William Assheton, Esqr., to be a member of the Council from this date. And you are required to give your Attendance, in order to be qualified and take your place at the Board accordingly.
Given under my hand & the Lesser Seal of the sd. Province, at Philadelphia, the 18th day of May, Anno Dom., 1722.
W. KEITH.
The Govr. laid before the Board, a Bill from the House of Repre- sentatives for raising the price or value of English Money & Dollars; Whereupon the following Observations were made.
To that of the English Money being raised, It is expressly against the act of Parliamt. for regulating the value of money, And there- fore to Pass it would be doing an act directly against the Kings Charter to the Proprietor.
To that for raising of Dollars, it is evident, that unless the Gold VOL. III .- 8
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be also raised, We shall have Dollars brought from our neighbouring Provinces, and given to us in exchange for Gold, so that We shall lose that Species of Coin which has an intrinsick value in it, and have nothing left but a parcel of Dollars, the value of which cannot be known because of the great abuses committed in the making of Dollars.
It is therefore ordered that the said Bill be returned to the House with these Observations thereupon, And that it be delivered to the House as the opinion of this Board, that should the said Bill be passed into a Law of this Province, very great inconveniences would ensue therefrom.
In the Evening of the same day the , House of Representatives waited upon the Governr. in Council, Who at their Request gave his assent to the Six following Bills, viz :
Laws } An act for Establishing Courts of Judicaturc in this Pro- passed. vince.
An act to prohibit the selling of Rum & other strong Liquors to the Indians, & prevent abuses that may happen thereby.
An act for encouraging the raising of hemp within this Province.
An act for settling a Ferry at Soleberry, in Bucks County, over Delaware to New Jersey.
An act to erect & establish a Ferry on the Lands of Thomas Yardley, of Makefield Township, in Bucks County ; and
An act for regulating the Guaging of Cask in this Province.
The Speaker, by order of the House, gave the Governour the thanks of the House for Passing the said Bills, and presented him with an Order on the Provincial Treasurer for £500. After which, the Govr. made the following Speech, and delivered the same to the Speaker as follows.
Mr. Speaker & Gentlemen of the Assembly :
Speech to the When we reflect upon the accidents & Difficulties
Assembly. ( that have occurr'd to us during this Assembly, and the Candid friendly Intercourse & manner by which they have been at last happily composed. We must perceive & be convinced, That not only the Form of Civil Government, but even Justice itself can- not be upheld & duely Administred, without such a Share of humanity & Condescention as is necessary to beget a sincere confidence between Me & the Representatives of the People.
Every just & good man, before he undertakes any office in Govern- ment, ought well to consider the End & Design of that Trust wherein he is to be employed, which He will constantly preferr to all other views or appendent Advantages whatsoever. It being therfore the Purport & Natural Tendency of all Civil Government To Promote the Prosperity and Secure the Peace and Happiness of the Governed, And we being convinced by Right Reason as well as instructed from Experience, That there is not any better means can be proposed for attaining this End, Than by adhearing steadily to the Execution of that Body of Admirable Laws, which have been composed & so care- fully transmitted to the Brave & free People of England, by the Wisdom of their Ancestors it follows. And so I hope we shall ever
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Conclude, That the safest & most satisfactory way to promote & secure the Peace & Happiness of the Good People of Pennsilvania, will be to administer Impartial Justice in all cases whatsoever, ac- cording to the known and Established Laws of the Land; And as this will be our best and surest Defence against the outrages of the Wicked, so this excellent plain Rule, will one time or other most certainly bring to Light and overcome the hidden dark Projects & mistaken wisdom of ill designing men, if there be any such amongst us.
Gentlemen : I heartily thank you for the support you have given me this year, and while I am Conscious to myself that I have in all things relating to the Duty of my present Station Faithfully served the King, and at the same time have omitted no opportunity to main- tain, Establish and Transmit to Posterity the Just Liberties and Privileges of the Free People whom you represent, I shall never doubt their Cheerful Inclinations and hearty good will to grant me me from time to time an Honble and Reasonable Support.
Then the House of Representatives withdrew, & the Council was adjourned.
At a Council held at Philadelphia, May 28th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Samuel Preston,
Antho. Palmer,
Robert Assheton,
Thomas Masters, Andrw. Hamilton, Att. Genl.
William Assheton,
James Logan, Secretary.
Upon Consideration of the State of the Magistracy of this Pro- vince, & of the Forms of the several Commissions by which they are empowered to Act in their Respective Stations, It is judged necessary that Commns. of the Peace be forthwith Issued by the Govr. for the Respective Counties of this Province ; And the Board is of Opinion, that the Forms heretofore used before the late Re- peal of the Laws for establishing Courts of Judicature in this Pro- vince, will be a good precedent for the Draught of the said Com- missions.
New Comm'ns 2 Accordingly the Govr. was pleased with the ad- of the Peace. vice of the Board, to Nominate Gentlemen to be his Majties Justices of the Peace for the Respective Counties of this Province, and ordered the Commissions to be prepared forth- with.
Elisha Gatchel, Esqr., one of his Majesties Justices of the Peace in Chester County, presented to the Board an Accot. of £4,2, dis- bursed by him in part of the Charge of two Expresses sent by the Governour of this Province to the Govr. of Maryland last Winter & Spring, occasioned by some injuries done to the Inhabitants of Nottingham Township, in Chester County, by some people from Cecil County, in Mary Land, under pretence of Levying Taxes there by
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