USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 20
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virtue of Warrants from Maryland, &c., and there being also due to William Reynals, £4,10, for going to Anapolis as one of the said Expresses, for which the Govr. gave him an Order on the Treasurer of Chester County, & is not yet paid.
Hereupon, it was the Opinion of the Board, that the said Expres- ses having been dispatched upon the motion, and for the immediate Service & Security of the Inhabitants of Chester County, & the Taxes of the sd. County being considerably increased by their Collections from Nottingham Township, it is therefore reasonable that the Charge of the said two Expresses, being only £8 12, should be paid by the sd. County of Chester, & not be Charged as a Debt upon the Province.
Philip Syng of Philada., Silversmith, having been
Philip Syngs \ affair. yesterday Committed into the Custody of the Sheriff of Philada., by the Govrs. Warrant, grounded upon the Affidavits of Robert Baker and James McClean, taken before Francis Worley, Esqr, one of his Maties Justices of the Peace for the County of Chester, at Conestogoe, the 21st of May inst., Whereby it appears that the said Philip Syng, upon the 20th inst., did say, that the Tract of Land upon the West side of Sasquehannah, lately Surveyed by William Keith, Bart., Governour of this Province, did belong to him the said Philip Syng & Company, by a Mary Land Title, and That the said Tract of Land was lately Surveyed by his Order & for his use by a Surveyor from Mary Land, thereby endeavouring as much as in him lyes, not only to defraud the Propr of this Province of his just Rights, but also to create a misunderstanding between this Govmt. and its good Neighbours of Mary Land, and to disturb the Indians settled upon Sasquehannah River under this Governmt. at this Juncture, when it is requisite to give them all possible Satisfac- tion. And the Sheriff being ordered to attend with his Prisoners, He was called in, and being examined upon the matters alledged agst. him in the before Recited Affidavits, made answer to the several Interrogatories put to him, as follows.
Q. Have you surveyed any Lands by virtue of a Mary Land Right upon the West Bank of Sasquehannah, viz : that place known by the name of the Mine ?
A. I have.
Q. How much Land did you then Survey ?
A. Two Hundred Acres.
Q. By what Surveyor.
A. John Dussey, a Surveyor in Mary Land.
Q. How came you to think that place was in Mary Land ?
A. I was informed so.
Q. When the Govr. met with you on the 4th of April, at Patti- sons, had you then made this Survey ?
.A No.
Q. Did not the Governeur then acquaint you that that place was not within the Limits of Mary Land, and that if you presumed to make any Survey then He would Committ you ?
A. I do remember that the Gov. said if he had found us there it
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would have amounted to a severe Fine, but as so the rest I have forgot.
Sic. Subscr. A. Hamilton.
Then the sd. Philip Syng was ordered to withdraw.
Philip Syng S Upon Consideration of the premises, Richard Hill, Committed. Esqr., one of the Judges of the Supreme Court, being present, it was moved that he should withdraw & Commit the said Philip Syng into the Sheriff's Custody, in order to be prosecuted ac- cording to Law, which he did accordingly.
The Clerk produced the Returns of two several Roads, viz ; one from the Govr. Settlement at Horsham to the New York Road, and the other from the Intersection of the New York Road with the Di- vision Line between the Counties of Philada. and Bucks, which being read and approved.
The said Roads by Order of the Board are Confirmed.
The Returns are as follows, vizt :
April 23d, 1722. Pursuant to an Order of the Govr. and Council, to lay out a Road from the Governours Settlement, in Horsham, to the Meeting House there, and from thence to New York Road at Round Meadow Bridge. We, the underwriters, have laid out the same according to the Surveyors Return hereunto annex't.
ROBERT FLECHER, PETER CHAMBERLAIN, RICHAD CARVER, THO. IREDELL, JOHN BARNES, ELLIS DAVIS.
Horsham Road ? April 23d, 1722. Laid out a road according
Confirmed. S to the Direction of a Jury appointed to lay out the same : Beginning at the Governours new Building, in Horsham, in the County of Philadelphia; Thence South forty-six Degrees West- erly forty three perches ; Thence South forty four Deg. Easterly Ninety seven perches ; Thence South seven Deg. Easterly one hun- dred forty eight perches ; Thence South East forty eight perches ; Thence South forty Deg. Easterly One hundred seventy seven per- ches ; Thence South four Deg. East One hundred seventy eight per- ches; Thence South ten deg. West forty six perches ; Thence South Sixty Deg. East Thirty two perches ; Thence South Six Deg. East twelve perches ; Thence South thirty two deg. East Ten perches ; Thence South thirteen Deg. East eighty four pers. to the Meeting- house ; Thence South four Deg. East eighty six perches ; Thence South East Thirty two perches ; Thence South Sixteen Deg. East Sixteen perches ; Thence South Eight Deg. West One hundred per- ches ; Thence South twenty Deg. West twenty four perches ; Thence South four deg. East twenty six perches ; Thence South fourteen deg. East One hundred perches ; Thence South five Degrees East Ninty two perches ; Thence South Sixteen East Thirty six perches; Thence South Ten West Forty perches; Thence South Eighteen perches ; Thence South thirty four Deg. West fourteen perches ;
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thence South fifteen deg. West Six perches; Thence South fifteen deg. East Fifty two perches ; Thence South five deg. West seventy eight perches ; Thence South ten Deg. East Ninety five perches ; Thence South twenty two deg. East Seventy six perches To New York Road at Round Meadow Run.
NICHO. SCULL.
April 24th, 1722. Then run out a Road, beginning at the Inter- section of New York Road with the Division Dine, between the Counties of Philadelphia & Bucks ; Thence North West along the sd. Line One Thousand Two hundred Seventy four Perches to a Black Oak tree standing by a Path leading from Richd. Sanders Ferry, on Neshamony Creek, to Edward Farmers, Miller.
NICHO. SCULL.
Pursuant to an order of the Govr. & Council, To Lay out a Road from the Intersection of the New York Road, with the Division Line between the Counties of Philadelphia & Bucks, and from thence up- ward as far as we should judge Convenient. We have accordingly Laid out the said Road according to the above Return of the Sur- veyor, as Witness our hands, this 24th of April, 1722. PETER CHAMBERLAIN,
RICHARD CARVER, THO. IREDELL, JOHN BARNES, ELLIS DAVIS.
At a Council held at Philada., July 2d, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Robert Assheton,
Samuel Preston,
Thomas Masters,
Colo. John French, Wm. Assheton,
Andw. Hamilton, Att. Genl.
James Logan, Secretary.
Isaac Norris,
The Govr. having sent a Letter by Express from Conostogoe, the 18th of last month, to the Gentlemen of the Council here, the said Letter with the Councils answer to the same were read, and are as follows.
Govrs. Letter to the To the Gentlemen of the Council at Phi- Gentln. of the Council. § ladelphia. GENTLEMEN :
Finding the Indians, since I came last here, to be very much alarm'd with the noise of an intended Survey from Mary Land, upon the Banks of Sasquehannah, I held a Council with them at Conesto- goe, upon Friday & Saturday last, wherein I proposed to them to Cause a large Tract of Land to be surveyed on the Side of that River for the Proprietor, to begin from the Upper Line of my New Settle- ment six miles back, & extending downwards upon the River as far as over against the mouth of Conestogoe Creek.
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They were all exceedingly pleased with this Proposition, and pressed to have it immediately done, which I fully designed as soon as I got home with the Assistance of your Advice, & accordingly I set out yesterday morning to Return to Philadelphia by way of New Castle, and after I had rode twenty miles to a place called the long Marsh, I received the inclosed Letter by Express, that inform'd me the Mary Landers were to set out for Sasquehanna this day. Upon consulting with Colo. French, who has been with me all along, I returned immediately to this place, with a Resolution to go over Sasquehannah & see the above Survey made and run out directly, and I purpose to begin it to morrow morning, and to cause a Return thereof to be made to the Governour & Council. In the mean time, I have directed a Company of the Militia from New Castle to march to Ouchteraroe, where they are to wait for my further orders. And because the Magistracy every where are at a loss what measures to follow in Cases of this nature, for want of being instructed, how far their Powers and Authorities may Reach. I am fully determined with your advice to take this opportunity of running the old Auch- teraroe Line as far West as the Branches of Patowmack, for accord- ing to my present view of their proceedings in Mary Land, I cannot think of any other effectual method for preserving the Peace. I will, however, wait for your Sentiments in a matter of such importance, & I desire your Answer with all speed to be sent to me if you think fit by some of your own number.
There being no bread Corn to be had in these parts, I desire you will concur with me in directing the Provincial Treasurer to hire a Waggon, & Send up directly 1000 wt. of Bread, 3 Bushels of Salt, & 40 Gallons of the best Rum, with Sugar proportionable.
I remain, Gentlemen,
Your very humble servant, W. KEITH.
From Francis Worley's, near Conestogoe, June 18th, 1722.
P. S. As soon as I receive your Answer I purpose to send an Ex- press to the Govrnor of Mary Land.
THE ANSWER.
May it please the Governr. :
In obedience to a Summons, We met this morning to receive the Governours Commands, upon which George Barclay communicated a Paper from the Governour directed to us upon several heads, which having duely considered as far as they concern this Board, We humbly offer our sentiments to them as follows.
As the Govr. has since his Accession to this Governmt. given evident proofs of his Abilities in managing the Affairs of the Pub- lick. We shall not here take upon us to form any judgment of his Treaties with the Indians on matters with which We cannot at this distance be duly acquainted, But undoubtedly it will be of Service to keep the Nations of these people right in relation to any Incroach- ments made or intended by Mary Land, nor can we conceive that it lies before us as a Council of State to Concern ourselves with Sur- veys of the Proprietors Lands. The Govr. has the best reason to be
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acquainted with his Powers & Instructions in those affairs to which we must wholly refer Him.
As to running a Line from the mouth of Octararoe Westward to Patowmeck, since it is a matter of such a nature as may Concern the peace of the Publick, We think it our Duty more freely to speak it, and must say, That could it be done by Concert between the Governrs. of both Provinces and fixed as a Boundary by Consent, not to be passed till such time as the Division Line is settled by either side, We believe it would be very happy and contribute much to the tranquility of the whole ; But if that cannot be done, we are appre- hensive that the Attempt at this time might only occasion further Disturbances without proving any manner of Security. By the Govrs. prudence & Care a very good understanding has hitherto been main- tained between the two Govermts. of Mary Land & this Province, and we have still reason to hope that notwithstanding the Warmth & rashness of some Borders on the side of Mary Land and the Re- ports taken up there, yet that worthy Gentleman their Governour will not easily be induced to violate those pacific measures he has hitherto taken. We could therefore wish, that before any thing be attempted on the part of this Govermt. which may occasion a Breach or give an uneasiness.
The Govr. would be pleased first to Treat, & if there be occasion, to expostulate with Colo. Calvert upon the Tendency & Consequence of any other measure than such as have hitherto been taken. But if that Governmt. should forcibly proceed to make such Surveys as have been talked of, they ought, we conceive to be diverted from it by all the methods that can safely & justifiably be used among Sub- jects to the same Sovereign, but no other ; And we doubt not but the Governour in his prudence will always have this in view, that no hasty steps be made which may involve us in greater Difficulties, and lead us into Inconveniences which we might when too late wish to have recalled.
These, may it please the Governour, are our sentiments upon what the Govr. has been pleased to refer to us. We heartily approve of his hastening an Express to the Govr. of Maryland. We are trou- bled to hear of the Scarcity of Provisions there, but seeing the Govr. has not mentioned to what publick use the Bread, Salt, Rum & Sugar he desires is to be applied, We cannot with Submission understand that this Board can regularly or justifiably concern themselves in ordering it. We are with all due Respect,
The Govrs. assured Friends,
Robt. Assheton,
Richard Hill,
A. Hamilton,
Isaac Norris,
Tho. Masters, Saml. Preston,
William Assheton, James Logan, Anthony Palmer,
Philada., 20th June, 1722.
The Govr. laid before the Board the Minutes of the Councils, held by him with the Indians at Conestogoe, the 15th & 16th of last month, and a Copy of his Letter to Colo. Calvert, Govr. of Mary
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-
Land, sent him by Express from Sasquehannah the 23d of last month, also a Warrant of Survey for Surveying a Tract of Land on the other side of Sasquehanna River, for the use of the Proprietor, with the Return thereof; All which were read, and ordered by the Govr. to be entered upon the Minutes of this Board, and are as follows :
At a Council with the Indians held at Conestogoe, June 15th, 1722.
PRESENT :
Sir WILLIAM KEITH, Bart., Govr.
Colo. John French & Francis Worley, Esqrs.
The Chiefs of the Conestogoe, Shawana & Ganaway Indians ; Smith, the Ganaway Indian, & James Le Tort, Interpreters.
The Govr. spoke as follows.
Friends & Brothers :
The Belts which I lately received from the five Nations signify, that they are one People with the English, and our very kind neigh- bours & friends. They invite me to come to them, and I purpose in a short time to go & meet them at Albany, and make the Chain between us as bright as the Sun. When they see me they will re- member their great Friend Wm. Penn, and then our hearts will be filled with love and our Councils with peace. Friends & Brothers :
You say you love me because I came from your father, W.m. Penn, to follow his peaceable ways, and to fullfill all his kind promises to the Indians, you call me Wm. Penn, and I am very proud of the name you give me; But if we have a true love for the memory of Wm. Penn, We must now shew it to his Family & to his Children that are grown up to be men in England, and will soon come over to represent him here. Last time I was with you at Conestogoe, you shewed me a parchment which you had received from Wm. Penn, containing many articles of Friendship between him & you and be- tween his Children & your Children ; You then told me He desired you to remember it well for three Generations, but I hope you and your Children will never forget it. That Parchment fully declared your Consent to Wm. Penns purchase & Right to the Lands on both sides Sasquehanna ; But I find both you & we are like to be dis- turbed by idle People from Mary Land, and also by others who have presumed to Survey Lands on the Banks of Sasquehanna, without any Powers from Wm. Penn or his children to whom they belong, and without so much as asking your Consent.
I am therefore now come to hold a Council & consult with you how to prevent such unjust practices for the future, And hereby we will shew our Love & Respect for the Great Wm. Penn's children who inherit their fathers Estate in this Country, and have a just right to the hearty Love & friendship of all the Indians promised to them in many Treaties. I have fully considered this thing, and if you approve my thoughts, I will immediately cause to take up a large Tract of Land on the other side of Sasquehanna for the Grandson of
8*
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William Penn, who is now a man as tall as I am; For when the Land is marked with his name upon the Trees, it will keep off the Mary Landers and every other Person whatsoever from coming to settle near you to disturb you, And he bearing the same kind heart to the Indians which his Grandfather did, will be glad to give you any part of his Land for your own use and Convenience; but if other people take it up they will make settlements upon it, and then it will not be in his power to give it you as you want it. My Dear Friends & Brothers :
Those who have any wisdom amongst you must see and be con- vinced that what I now say is intirely for your Good, for this will effectually hinder and prevent any Person from settling Lands on the other side of Sasquehannah according to your own Desire, and consequently You will be secure from being disturbed by ill neigh- bours, and have all that Land at the same time in your own power to make use of. This will also beget a true hearty Love & friend- ship between you, your children, and the Great Wm. Penn's Grand- son, who is now Lord of all this Country in the room of his Grand- father. It is therefore fit & necessary for you to begin as soon as you can to express your Respect & Love to him ; He expects it from you according to your promises in many Treaties, and he will take it very kindly.
Consider then, my Brothers, that I am now giving you an oppor- tunity to speak your thoughts lovingly & freely unto this brave young man, Mr. Penn's Grandson; And I, whom you know to be your true friend will take care to Write down your Words, and to send them to England to this Gentleman, who will return you a kind Answer, and so your hearts will be made glad to see that the Great Wm. Penn still lives in his Children to love and serve the Indians.
At a Council with the Indians held at Conestogoe, June 16th, 1722.
PRESENT :
Sir WILLIAM KEITH, Bart., Governour.
Colo. John French & Francis Worley, Esqrs.
The Chiefs of the Conestogoe, Shawana & Ganaway Indians; Smith and James Le Tort, Interpreters.
The Indians spoke in Answer by Tawenea, as follows :
They have Considered of what the Govr. proposed to them yes- terday, & think it a matter of very great importance to them to hinder the Mary Landers from Settling or taking up Lands so near them upon Sasquehanna. They very much approve what the Govr. spoke, and like his Council to them very well, but they are not wil- ling to discourse particularly on the Business of Land lest the five Nations may reproach or blame them.
They declare again their satisfaction with all that the Governour said yesterday to them in Council; And altho' they know that the five Nations have not any Right to these Lands, & that four of the Towns do not pretend to any, yet the fifth Town, viz : the Cayugoes
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are allways claiming some Right to Lands on Sasquehannah, even where they themselves now live; wherefore, they think it will be a very proper time when the Govr. goes to Albany to settle that mat- ter with the Cayugoes, & then all parties will be satisfied.
They ask the Govr. whereabouts & what quantity of Land does he propose to survey for Mr. Penn. It is answered, from over against the mouth of Conestogoe Creek up to the Govrs. new Settlement, and so far back from the River as no Person can come to annoy or disturb them in their Towns on this side.
They proceed & say, That they are at this time very apprehen- sive that People will come when the Govr. is gone to Albany & survey this Land ; wherefore, they earnestly desire that the Govr. will immediately cause the Surveyor to come & lay out the Land for Mr. Penn's Grandson to secure them, & they doubt not but the Govrs. appearance & conduct afterwards at Albany will make all things easy there.
Copy of the Governour of Pensilvania's Letter to the Governour of Mary Land, Dated from Newberry, on Sasquehannah, June 23d, 1722.
SIR : After I had been here some days I set out on Sunday morn- ing last from Conestogoe towards New Castle, by way of Noting- ham, not without some hopes of having the happiness to meet you about the head of the Bay, from whence I dayly expected to hear from you. But after I had proceeded twenty miles on my Journey, I received an Express on the road from two Magistrates of Pensil- vania, informing me that they, with some others, had been taken Prisoners by a Party of men in Arms from Cecil County, & carried before the Justices of that Court, who detained them in Custody two days, and afterwards dismissed them upon a verbal promise to appeer there next Court. They also acquainted me of their being certainly informed by the Cecil Magistrates, that a Warrant was issued by Mr. Lloyd, for surveying a Mannor to my Lord Baltimore, upon the Banks of the Sasquehanna above Conestogoe, including this Settle- ment, from whence I now write, and that an order had been issued by yourself in Council to press Men & Horses for that Service, and that they were to set out from Baltimore on Munday, vizt : next Day, under the Command of one Capt. Dursey. Nor Sir, tho' I did not by any means give credit to all this Relation, yet knowing the weakness & former attempts of some of your people of whom I have formerly complained to yourself, who justly bear the Character of Land Pyrates, I was resolved to put it out of their power on this oc- casion to embroil us by their ridiculous projects, and returning im- mediately to Conestogoe, where I indeed had left the Indians but two days before, much alarmed wt. general Reports, that the Mary Landers were coming to Survey the Lands wch no reasonable man could then believe. I now did, at the earnest Request of the Indians, order a Survey to be forthwith made upon the Banks of Sasque- hanna, right against our indian Towns, And you will find the Rea- sons I had for it more fully set forth in a Copy of the Warrant of the Survey here inclosed. As I found this absolutely necessary to
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be done for quieting the Indians, as well as to prevent the mischief which might happen upon any of your Peoples presuming to encroach upon what these Heathens call their own Property ; so likewise, it appeared to me to be the only method I could take at this Juncture for preventing our own people from taking up or settling Lands on this side, to disturb or hamper the Indians, unto whom this Province is bound by old Treatys to give them a full scope & Liberty in their Settlements from the Christian Inhabitants.
But that all things of this nature may be carried on with that Openness of Heart & perfect good understanding which I am sure we both desire, and that your own prudent mild Conduct may be strengthened with all the Arguments I can furnish you for putting a just Restraint upon that Covetous & most licentious Humour with which you see we are continually plagued, I thought it my Duty without delay to acquaint you by Express with all that has been done here with the Reasons at large.
Perhaps some ignorant, or I should rather say designing people, will endeavour to perswade you that this place is upon the Border of Mary Land ; Whereas in Truth, there cannot be a clearer Demon- stration in any thing of that nature, than that it is about twelve miles to the Northward of Philadelphia, and I am sure I nee'd not say no more to convince you that at least I have good Reason to insist upon its being within the Limits of this Province, without all manner of Dispute.
My fatigue in the Woods has brought a small Fever upon me which an ounce of Bark has pretty much abated, so that to morrow I shall return home by slow Journeys directly to Philadelphia, where I should rejoice to see you once more, but in all places & at all times I shall be, while living, most faithfully, &c.
W. KEITH.
Copy of the Warrant for Surveying the Mannor of Springets- bury.
Sir William Keith, Bart., Governour of the Province of Pensil- vania, &c.
To Colo. John French, Francis Worley, & James Mitchell, Esqrs.
Whereas, the three Nations of Indians settled on the North side of the River Sasquahannah, in His Maties Peace & under the pro- tection of this Government, viz : The Conestogoes, The Shawanoes, & The Cawnoyes, are very much disturbed, and the Peace of this Colony is hourly in danger of being broken by persons, who pursuing their own private gain without any regard to Justice, Have attempted & others do still threaten to Survey and take up Lands on the South West Branch of the sd. River, right against the Towns & Settlements of the said Indians, without any Right or pretence of Authority so to do, from the Proprietor of this Province unto whom the Lands unquestionably belong.
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