USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 21
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And whereas, it is reasonable & agreeable to former Treaties with the Indians, that a sufficient quantity of Land upon the South West side of the River Sasquehannah be reserved in the Proprietors hands,
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for accommodating the said Indian Nations when it may hereafter be thought proper & convenient for them to remove their Settlements further from the Christian Inhabitants.
And Lastly, Whereas, at a Treaty held between the Indians and me, at Conestogoe, the 15th & 16th days of this instant, They did earnestly desire & request me forthwith to Cause a large Tract of Land, right against their Towns upon Sasquahannah, to be surveyed & located for the Proprietors use only; Because, from his Bounty & Goodness, they would allways be sure to obtain whatsoever was necessary & Convenient for them from time to time.
These are, therefore, by Virtue of the Powers wherewith I am Entrusted for the Preservation of his Majesties Peace in this Pro- vince, & with a due & perfect regard to the Proprietors absolute Title & unquestionable Rights To Authorize, Impower & Command you, the said Colo. John French, Francis Worley & James Mitchell, with such of the neighbouring inhabitants as you shall think fit to call to your assistance immediately to cross the River Sasquahannah, and to survey or cause to be surveyed, marked and Located, the quantity of 70,000 acres or thereabouts, in the name & for the use of the Honble Springet Penn, Esqr., which shall bear the name and be called The Mannor of Springetsbury, Beginning your Survey as- near as you can upon the South West Bank of the River Sasque- hannah, over against the mouth of Conestogoe Creek; from thence by a Line W. S. W. Distance Ten miles more or less; from thence by a Line N. W. b N. Twelve miles more or less ; thence by a Line E. N. E. untill you meet with the uppermost Corner tree of my Settlement called Newberry; from thence S. E. b S. along my head Line untill you come at my Southern Corner tree in the Woods ; from thence down the Side Line of my Land E. N. E. until you come at the River Sasquahannah, & from thence by the said Rivers side unto the place where you first began, which Line will be the fourth Side of the said Survey, and when it is done & finished, You are to make a Return thereof upon the back of this Warrant unto the Govr. & Council of Pensilvania; For which this shall be unto you, the sd. Colo. John French, Francis Worley & every of you, a sufficient Warrant Power & Authority. Given under my hand & Seal, at Conestogoe, the 18th day of June, in the Eighth year of our Sovereign Lord George, Annoq. Dom. 1722.
Signed,
W. KEITH.
THE RETURN.
To his Excellency the Governour and the Honble Council of Pensilva.
May it please your Excellency :
In obedience to the within Warrant to us directed, We did, upon the nineteenth & twentieth days of this instant, June, begin, & Com- pleat the Survey of the Mannor of Springets-Bury, upon the River Sasquahannah, in manner following, viz : From a Red Oak upon the said River (by a Runs side called Penns Run) mark'd S. P. ; West South West Ten miles to a Chesnut (by a Runs side called French's
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Run) mark S. P .; from thence North West & by North to a Black Oak mark'd S. P. twelve miles; from thence East North East to Sir William Keiths western Corner Tree in the Woods Eight miles ; from thence along the South East and North East Lines of the said Sir William Keith Tract called Newberry unto the River Sasqua- hannah again, and from thence along the River Side to the place of Beginning, The whole containing Seventy five Thousand five Hun- dred & Twenty acres, according to a Plan thereof hereunto annexed, all which is humbly submitted by
Yr. Excellency's Most humble & obedient Servants, JOHN FRENCH, FRAN. WORLEY. JA. MITCHELL.
At Newberry, June 21st, 1722.
Which proceedings of the Governour, so far as they Concern or touch with the Proprietary Affairs of this Province, are judg'd by the Council not to lie before this Board, Colo. French only, to whom the Warrant of Survey was Directed, Declared that as he had been a constant Witness to the Govrs. late Transactions with the Indians at Conestogoe, and by virtue of the Governrs. Warrant (wherein the true Reasons and Motives for such a procedure are amply & truly set forth) to him directed for that purpose, has Survey'd the Mannor of Springets Bury, He was humbly of opinion, that the Govr. had acted with great Prudence & Caution in pursuing the only effectual measure which the present situation of affairs would allow, for quieting the minds of the Indians and preserving the public peace; And since the Honble Springet Penn was in his opinion the late Proprietors heir at Law, whatsoever turn the affairs of that Family might take in order to re-settle the Property & Dominion of this Province, He did not see or comprehend how the Governs. having caused these Lands to be survey'd after the manner which is here returned, could be interpreted or Deemed to the prejudice of a Family for whose service it was so plainly meant and intended, And as he really thought the Govrs. Care & Toil lately taken in the public Service, highly deserved the particular thanks of this Board & the Government in General, So he could not doubt but those of the late Proprietors Family, who are living, will reasonably & justly conclude, that the Govr. on this occasion has taken true Pains to support their Rights, by plainly acting with a hearty Zeal for the Interest of that Honble & Worthy Family.
A Petition signed by divers of the Justices and other Inhabitants of Chester County, in behalf of one Mary Woolvin, now a Prisoner there under Sentence of Death, praying that the Execution of the sd. Sentence may be respited for a time untill the Kings pleasure be known therein, was read & referred to further Consideration.
A Petition from John & Edmund Cartlidge, Prisoners in Philada. Gaol, was read, praying that in Regard of their long Confinement, and that now all the Lawful Evidences of the Fact, for which they stand Committted, may upon notice given them be ready to appear,
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they may therefore be admitted to a Tryal, upon consideration where- of it was recommended to Richard Hill & Robert Assheton, Esqrs., two of the Judges present to consult with the Chief Justice there- upon, and to fix a day some time this month for the Tryal of the Petitioners.
The Govr. having observed to the Board, that the Funds laid last Session of Assembly, for defraying the necessary Charges of the Governmt., are like to prove very deficient, so that unless some remedy be provided by the present Assembly, this Province will inevitably be brought under the Burthen of a Considerable Debt ; And likewise, that the Govr. having promised, by the Advice of the Assembly and this Board, to meet the Chiefs of the Five Nations at Albany, it is absolutely necessary that a suitable Present be provided for the Indians on that occasion, as well as that due care be taken to defray the Expense of the Govrs. Journey thither, He is therefore pleased to declare his Intention of calling the Assembly together im- mediately after Harvest, which for the above reasons was approved.
At a Council held at Philadelphia, July 24th, 1722. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, William Assheton,
Robt. Assheton,
James Logan, Secretary.
Samuel Preston.
The House of Representatives having mett together yesterday in the Afternoon, in obedience to the Govrs. Writts issued for that pur- pose, upon notice, given them that the Govr. was ready to receive them in Council at the Court House, attended accordingly, unto whom the Govr. made the following Speech, and delivered the same to the Speaker.
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Then the Assembly withdrew.
The Govr. laid before the Board a Letter from James Mitchell, Esqr., one of the Justices of Chester County, directed to him & the Council, which he had received at New Castle last week by Express, to which because of the Haste required and his distance from Philada. he had returned an Answer by the same Express, a Copy of which is now also laid before the Board, also the Copy of a Letter to the Ganywese, all of which are ordered to be Entered on the Minutes, and are as follows :
MR. MITCHELL'S LETTER.
From the Township of Donnegall, bounded by the River Sasque- hanna, July 12th, 1722.
May it please yr. Excelly. and Honble Council :
These are to let you Know that Mr. James Le Tort and I was desired to be at a Council held at the Conay Town, being present
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the Chiefs of the Conestogoes, Sawanies & Conays, together with seven Chief men of the Nantiocck Indians, who are upon their Jour- ney going to the five Nations. The Reason of their going they say is to renew former friendship and strengthen it in unity for time to come, and for that end they carry alongst with them 32 Belts of Wampum & four long strings of the same, to give as a Present, and delivers a Speech with them severally & they received them, So they thought it their Duty to have their Intentions made Known to Yr. Excelly & Honble Council, & will wait yr. approbation, but in hast, because they are straitned for Provisions. The Nanticock Indians depended to have the best Interpreter they could find in the Conay Town, which they find is Capt. Smith, but he tells them he has pro- mised to go alongst with Yr. Excelly, so that without your leave he will not alter from his promise. I was blidged to send it as an Ex- press which I presume must be at the public charge, which is all from Yr. Excelly & Honble Councils most humble servant.
JA. MITCHELL.
THE GOVRS. ANSWER. NEW CASTLE, July 16th, 1722.
Mr. Mitchell :
I recd. yr. Letters by the Express who found me here last night, & inclosed I send you a Letter to the Ganawy King, which you are to deliver and let James Le Tort interpret. I approve yr. diligence & conduct in acquainting me so speedily with the Sentiments of the Indians, But if the Nanticocks have at any time occasion to speak to me they ought to send a Messenger of their own, & then I will re- ceive him kindly. You did very well to give 100 wt. of flour to the Ganawys at this time, & if you find that any of the Bread still re- mains in Jacobus Henriques hands, let 200 wt. be given now to Winjack, or if there be no bread give him 200 wt. more of flour, all which Expences you must charge in an accot., making the Province of Pensilvania Debtor for such articles expended by the Govrs. order, also charge 40s. for the Express, then sign the Accot. and send it to me at Philadelpa. by first opportunity, and I will take care to see you well paid.
I remain your hearty friend, W. KEITH.
THE GOVRS. LETTER TO THE GANAWESE KING.
To my friend Winjack, King of the Ganawese Indians on Sasqua- hanna.
Brother : I have heard that your friends the Nanticokes are now at yr. Town upon their Journey to the five Nations. I know they are a peaceable People that live quietly amongst the English in Mary Land, and therefore I shall be glad to see them, and will be ready to do them any kindness in my power. I hear they want Capt. Smith for their interpreter, but you know he is engaged to go with me to Albany, and I desire you will send him down to me at Philada. about the last day upon this month, because upon the 8th of next month I shall go from Philada. to New York, and I desire
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Smith may be there to go along with me, and I should be glad also that Tom would come with him because he can speak to me in English. I have ordered Justice Mitchell to give you some flour and bread to entertain your friends the Nanticokes, and I heartily wish you and all your people well in good health.
New Castle, June 16, 1722.
A Petition signed by one Sarah Hales, Sister of Wm. Hill, a pri- soner in Chester Goal under Sentence of death, was presented & read, praying that the Execution of the said Sentence may be respi- ted for a time untill the Kings pleasure is known therein. But the Board being thin, the Consideration thereof is deferred unto another meeting of the Council.
At a Council held at Philada., ye 30th of July, 1722. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Antho. Palmer, Thos. Masters,
Saml. Preston,
Robert Assheton,
Andrew Hamilton,
Wm. Assheton,
James Logan, Secretary.
Satsheechoe, the Messenger, who in the beginning of last May was. sent ye second time to the five Nations, being returned from thence, & accompanied to town from Conestogoe wt. Capt. Civility, Teha- noote & Diohanse, the Govr. appointed him a public audience, wherin by the Interpretation of Civility from the Mingoe into the Delaware Indian tongue, and of Alice Kirk (who was first sworn to. interpret truly,) from that into English. He reported as follows :
That the people of the five Nations wanted Provisions so much, and were so busily employed in looking out for food, that the Chiefs had not time to meet & open the presents sent them by the Gover- nour ; That he carried them altogether to the House of the King on the River where the Messenger was born (viz. the Cayoogoes) where he left them, and when they have leisure from providing themselves with victualls they will meet together and open them; That these presents are all put together with those sent by the Govr. of Virgi- nia, and the Golden Medal sent by the Govr. untill our Govr. & the Govr. of Virga. come to Albany, to which place they desire the Govr. & James Logan to come.
They were glad the Govr. sent them a Letter for that was like two tongues, and confirmed what the Messenger said to them. The great King of the five Nations is sorry for the Death of the Indian. that was killed, for he was his own flesh and blood ; he believes the Govr. is also sorry, but now it is done there is no help for it, and he desires that John Cartlidge may not be put to death for it, nor that the Govr. should be angry and spare him for some time & put him to Death afterwards ; one life is enough to be lost, there should not two die. The Kings heart is good to the Govr. & all the English, one stuck a Gentleman with a knife at Albany they were sorry for
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it, but it was made up and no body was put to Death for it. So they desire John Cartlidge may not die for this, They would not have him killed. John Cartlidge has been a long time Bound, and they desire he may be bound no longer. When the Govr. comes to Albany, they will take him by the Hand and their hearts shall be joyned as their hands together. The Govr. of New York, of Vir- ginia, of New England, are to be there. The Indians will all meet & all will be made up when the Governour comes to Albany. The Govr. of New England has sent them great Presents of Match Coat, thirty bundles of goods all tyed up, and they are not yet opened. When the Govrs. come all together to Albany they will open and divide them. The five Nations will be glad to see the Govrs., they have been busy getting victuals as fish out of the Rivers & some Venison from the woods, but now Squashes & Pompions are come they will be able to travel. Their King is an old man & could not come thither ; he cannot travel as a young man, but he will come to Albany to see the Govr. there, who he hopes will come in ten days. They desire that Satcheechoe may come hither with the Governour.
At a Council held at Philadia., July 31, 1722. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Andrew Hamilton, Att. Genl.
Robt. Assheton, James Logan, Secretary.
Samuel Preston,
The Governour acquainted the Board, that the House of Represen- tatives had by a Message to him last night, desired a Copy of the Message delivered by Satcheecho yesterday in Council, which the Govr. had promised should be sent them as soon as the same was re- ported to the Board . And the said Message being read, and the Govrs. intended Journey to Albany shortly discoursed of, The Govr. proposed (as the Assembly by their sd. Message had also desired,) that the members present do meet a Committee of Assembly this afternoon, in order to confer upon the said journey and the charge which will unavoidably attend it, both for the Expence of the Jour- ney & for Presents to the Indians, without which 'tis conceived the Journey it self will be to very little purpose. Accordingly, the Go- vernr. drew up in writing some few Heads by way of Instructions to the Gentlemen of the Council, who are to meet the said Committee of Assembly, And the Clerk is ordered to carry a Copy of the Mes- sage delivered by Satcheecho to the House of Representatives imme- diately, and to acquaint their Speaker that the Govr. had appointed some members of Council to meet a Committee of that House at the Court house, at three o'clock this afternoon, according to their Desire.
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At a Council held at Philadia, August 1st, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Samuel Preston,
Robt. Assheton,
Andrew Hamilton, Att. Genl.,
Wm. Assheton, James Logan, Secretary.
The Council being met at this time to dismiss Civility, and the other two Indians who accompanied Satcheechoe to Town from Co- nestogoe, it was moved by one of the members whether this might not be a proper occasion to consider of the time of the Tryal of John & Edmund Cartlidge, that the Indians at Conestogoe may be ac- quainted therewith with Civility at his Return home. Whereupon, the Chief Justice being sent for, the Governour desired that he and the other two Judges present would please to give him & the Board their Opinion, whether the offenders could be prosecuted effectually without a view first taken of the Body of the Indian supposed to be killed, by a Coroners Inquest, Upon which the Judges desired leave to withdraw, and carried with them the Attorney Genl. & Willm. Assheton, Esqr., for their Assistance ; And after a short time return- ing to the Council, the Attorney Genl. by the direction of the Judges, Reported that they had consulted the Law in Cases of this kind, & find that where a View of the Body may be necessary for the infor- mation of the Jury, (which 'tis presumed it may be in this Case,) the same ought by no means to be neglected. But where it may be presumed that a view of the Body can be of little use, or that there may be danger of Infection by digging up the Corps, there the Jury are to proceed upon the Testimony of the Evidences present at the time the Fact was committed. It is therefore the opinion of the Judges that a view of the Body ought to be taken, and that the Tryal be deferr'd untill the Govr. Return from Albany, in which opinion the Govr. and the Board also agreed.
# Satcheecho, with Civility, and the other two who accompanied them from Conestogoe, having been ordered to attend the Board at this sitting, It was considered what further satisfaction should be made to the said Indians for their trouble in coming to Philada. to Report Satcheechoes message, And it is ordered that two Stroud Matchcoats be given to Civility & one to each of the other two men, viz : Diohanse & Tehanoote, with Provisions for their journey of which an Accot. is ordered to be brought at the next sitting of ye Board, and being called in the Govr. spoke to Satcheechoe as follows : My Friend Satcheechoe :
You have shewn yourself a good Traveller and a Diligent Mes- senger in performing the two Journeys you have undertaken to the five Nations ; The first was greatly to my Satisfaction, in so much as our Brethren of the Five Nations shewed so much affection to us and paid so great a Regard to our Message as to hasten you back with divers Testimonials in Confirmation what they said, and not- withstanding I was surprised to see you bring no Credentials with you this last time, Yet I shall believe you have discharged your part
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well, and that the occasion of your bringing no such thing is truly owing to the Cause you have assigned, that is that ye Chiefs could not meet then together, & that they designed to Answer me at Al- bany where they greatly desired to see me.
I expect, Satcheechoe, That you will continue in Town to proceed with me according to your proposal to Albany, And if Civility re- turns immediately to Conestogoe with the rest of the Company, I desire you will inform all the Indians who are coming down to the Trial of John & Edmund Cartlidge, that the sd. Tryal is deferred until I return from Albany.
There will be delivered to you that Return, some small Tokens, viz : Two Strouds to Civility for his trouble in the Interpretation, and to Diohanse and Tehanoote one to each, with Provissions neces- sary to their Journey.
At a Council held at Philadelphia, Augst. 3d, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Robert Assheton,
Samuel Preston,
William Assheton,
Andw. Hamilton,
James Logan, Secry.
Isaac Norris,
The Governr. acquainted the Board, that the time of his intended Journey for Albany, now approaching, & the House of Representa- tives having deferr'd coming to the necessary Resolutions for defray- iug the Expence of the said Journey, & of ye Presents to be made to the Indians on that occasion, untill they are certified, what Gentle- men of the Council are willing to attend the Govr. thither. He now therefore recommends it to the Board to consider & agree among themselves, which of them will please to undertake the said journey for the Service of the Publick, that the Assembly's Resolutions may no Longer be put off through the delay of this Board. And he now further informs the Board, that the members he had hitherto in his view & had named to the Assembly, as well as to themselves, were Richard Hill, James Logan & Colo. French, that he had since re- ceived a Message from the House, declaring that they were well satisfied in the Govrs. nomination of Richd. Hill & James Logan, & wish'd it might suit their circumstances to attend the service, but that they had found upon some communication those two members declined the Journey. The House therefore further recommended for the purpose Isaac Norris & Andrew Hamilton, But if any two of these four would undertake the Service it would be to the satisfaction of the House, To which the Govr. was pleased to add that all those members being acceptable to him, He should wholly leave it among themselves to agree amongst them who should be the Persons that would accompany him.
The Govr. also recommends it to the Board to draw up in writing such Heads as they may think necessary or usefull for the Service of the Governmt., to be Treated of at the ensuing Meeting with the
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Indians of the five Nations at Albany, and the members are desired to Confer among themselves, and to draw up the Heads accordingly against three in the afternoon.
Under Consideration of the Case of Wm. Hill, Mary Woolvin & Win. Battin, Prisoners in Chester Goal under Sentence of Death, it is the advice of all the members present, to which the Govr. is pleased to agree, That the said Wm. Hill & Mary Woolvin be re- prieved for the space of twelve months, in case no Orders shall come from the Crown for the Execution before the expiration of the sd. Term ; That the said Wm. Battin being Convicted of divers horrid complicated Crimes, be Executed & hung in Irons in the most public place, at such time as the Govr. shall appoint, & that the Warrant for the execution be issued before the Govr. set out for Albany.
Augst. 3d : POST MERIDIEM.
PRESENT :
The same members as before.
The members of Council having met by themselves & agreed on a rough Draught of the Heads, that appeared fit in their judgment to be the subject of the intended Treaty with the Indians of the Five Nations. The Govr. joyned them, and desiring to know whether they had agreed among themselves upon the persons who were to accompany him. The four members who had been named endea- voured severally to excuse themselves because of the Circumstances of their affairs, But those of the Secretary's Family being considered, it was allowed that no man of humanity could desire him to absent himself from it at this time. And the other three members, viz. : Richard Hill, Isaac Norris & Andrew Hamilton, were prevailed on to undertake the Journey.
At a Council held at Philadelphia, Augst. 7th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Thomas Masters,
Robert Assheton,
William Assheton,
Andw. Hamilton,
James Logan, Secretary.
Isaac Norris.
The Govr. intending to begin his journey for Albany to morow, and having on the 3d inst. in Council been pleased to desire the Sentiments of this Board, wt. relation to the ensuing Treaty to be held with the Indians of the five Nations there, the members present delivered their thoughts upon that subject in Writing, as follows :
The Govr. having recommended to this Board, to consider & digest the Heads on which it may be proper for him to Treat with the Indians of the five Nations, whom he is to meet at Albany.
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