USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 23
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203
PROVINCIAL COUNCIL.
At a Council Sbr. 3d, &c., & at a Council held at Philadelphia, Octr. 3d, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Isaac Norris,
Samuel Preston,
Antho. Palmer,
Robert Assheton,
Willm. Assheton,
James Logan, Secretary.
This being the first meeting of the Council since the Govrs. Re- turn from Albany, the Govr. expressed his satisfaction in seeing the members of his Council together at this time. He acquainted them, that finding upon his arrival at New York that Colo. Spotswood, Govr. of Virginia, had by a Letter from Sandy Hook, thought it proper to desire leave of Colo. Burnet, Govr. of New York, to Treat with the Indians of the ffive Nations at Albany, and that Colo. Burnet expected an application of the same kind on the part of this Govermt. He had therefore thought it expedient to follow the example of Colo. Spotswood, and had accordingly applyed to the Govr. of New York for his leave to Treat with the Indians of the ffive Nations, at the same time with the Govr. of Virginia, which he did by the following letter now read at the Board.
NEW YORK, Augst. 13th, 1722.
SIR,
The Province of Pensilvania being happily situated between his Majestys Govermts. of Virgia. & New York, it has been my greatest care to regulate the managemt. of the Indian Affairs in that Colony, so as to render the peaceable Disposition of the Inhabitants accept- able to the Indians, and consistent with the concerted measures and wise conduct of the neighbouring Provinces.
So soon therefore as I understood that Colo. Spotswood, the Govr. of Virginia, intended, with your Approbation and Concurrence, to hold a Treaty with your Indians of the ffive Nations at Albany, I called the Assembly of Pensilvania together, and it is by their Ad- vice that I am now come, accompanied with some few members of my Council, to entreat that with Yr. Excellencys permission, and in your presence, I may be allowed to renew upon this occasion, at Al- bany, the Leagues of ffriendship that have formerly been made be- tween the Province of Pensilva. and the ffive Nations. The unhappy accident of an Indian being lately Kill'd in the Woods by some of our Traders, and the renewing our former Instances with this Go- vernmt., to prevent, if possible, the ffive Nations from going to War, and making a Path through our Settlements upon the River Sas- quahanna, are the principal points on which I purpose at this time to speak to your Indians, and as I have not any thing to offer but what I have reason to believe will perfectly agree with Yr. Excel- lency's sentiments & those of yr. Council, I am encouraged to hope you will favourably receive this application from,
Sir, Your most Obedt. humble Servt.
W. KEITH.
In answer to which he received the Governour & Council of New
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MINUTES OF THE
Yorks Approbation of his intended Treaty with the Indians, declared in the following Minute of the Council of that Province, now laid before the Board, viz :
At a Council held at Fort George, in New York, Augst. 13th, 1722.
PRESENT :
His Excellency WILLIAM BURNET, Esqr.
Captain Walter, Colo. Beekman,
Mr. Harrison,
Doctr. Colden.
Mr. Barberie,
His Excellency communicated to this Board a Letter from the Governour of Virga., dated from on Board his Majesties Ship Enter- prize, at Sandy Hook, the 9th instant; as also a Letter from the Governour of Pensilvania, Dated at New York this day, signifying their coming hither to settle a right understanding, & to establish a lasting Peace between his Magties Subjects in their Governments & the five Nations of Indians belonging to this Province ; Upon which, the Council desired his Excellency to assure the Governours of Virgt. & Pensila. that this Board shall think it a great Honr. & Hap- piness to Confer with them on the best measures to be taken with the five Nations at this time to secure a General Peace between them & the Indians & these neighbouring Colonies, That they are highly satisfied with the just & honble Intentions expressed in the Letters which his Excelly has communicated to them, & shall be very ready to concur in every thing that shall be for the Safety & Prosperity of the Common British Interest in America.
ยท To which his Excelly agreed intirely, & promised to acquaint the Govrs. of Virginia & Pensilvania with the unanimous sentiments of this Board.
By his Excellency & Council, in Council, IS. BOBIN, D. Cl. Con.
That pursuant to the Desire of the Govr. & Council of N. York, the Governour of Virginia & himself, with Colo. French & Mr. Ha- milton, (Mr. Hill & Mr. Norris not being then arrived) did meet at an appointed Conference with Colo. Burnet & his Council, where our Govr. delivered himself to this purpose.
That the Points on which he now came to Treat with the five Na- tions were already communicated to His Excelly & the Council, by his Letter of yesterday.
That the first, viz: the Death of an Indian was an accident that might have happened any where, & therefore it was only necessary for him to satisfy the Indians that the Govmt. of Pensilvania was very sorry for it, & had caused the offenders to be put into the Hands of Justice. As to the other Point, viz : That some measures be taken to prevent the five Nations from taking their Warlike Courses through Pensilvania to the Southward, it was the more necessary because the Conestogoe Indians were formerly a part of the five Na- tions called Mingoes, and speak the same Language to this Day ; That they actually pay Tribute now to the five Nations, and either
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PROVINCIAL COUNCIL.
from natural affection or Fear are ever under their Influence and Power; But that he hoped the Virginia act which had been read would have a good Effect to obtain this End, by restraining all the northern Indians from proceeding any more that way to the South- ward. He observed with how much Prudence & Caution Mr. Penn has formerly purchased all the Lands on Sasquehannah from the Five Nations by means of Colonel Dungan, then Govr. of New York. How many Treaties have been held with these Indians both at Phila- delpa. & Conestogoe, That the ffriendship between them had been inviolably preserved to this day, and he did not know that the Five Nations could be charged with any material Breach thereof. As to the Indian Trade, Sir William said, He believed no person from Pensilvania had ever yet attempted to Force any Trade with the five Nations, but on the contrary, it appeared that Province was altogether indifferent about it, since it was so earnestly desired that these In- dians might forbear to Pass through their Settlements on Sasque- hannah. Nevertheless, it being a subject that he did not under- stand, nor ever be intended to be particularly concerned in, He de- sired to be excus'd from enlarging further upon it at this time,'and the rather because it was no part of his Business now with the Indians of the ffive Nations.
The Secretary informed the Governour, that Richard Hill & Isaac Norris (two of the members of Council who had accompanied the Go- vernour to Albany) had, in obedience to the Govrs. orders to them Communicated to the Council next day after their arrival here, the Governours Negotiation with the Indians at Albany during the sd. Gentlemens stay there. Whereupon, the Governour said that he needed only take Notice to the Board of what farther Conference he had had with the Indians after the said Gentlemen's departure from Albany homewards, viz : on the 14th of September, the same is N. B. inserted in the preceding minutes of Septr. 21st, as it was taken from the printed Copy.
The Govr. communicated to the Board a Letter he had this day received from Colonel Spotswood, Governor of Virginia, now here, being in the following words :
PHILADELPHIA, Oct. 2, 1722.
SIR : About two years ago I had the Honr. of a Letter from you, with two Belts of Wampum from the Indians of your Province, whereby they proposed a Peace with the Indians of Virginia, and that thereafter they should on both sides forbear all Courses to molest one another. Upon receit thereof, the Chiefs of all our Indian Na- tions were assembled before me in Council, where they solemnly en- gaged never after to Pass to the northward of Pawtowmeck River, or westward of the high Ridge of Mountains which extend all along the Frontiers of Virginia, without a Passport from the Governour of that Colony, provided the Indians belonging to the other British Co- lonies to the Northward of Virginia would reciprocally promise never to Pass to the Southward or Eastward of the said Boundaries, with- out a Passport from the Governour of that Province, to which they should respectively belong, and our Indians, as a Testimony of such
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MINUTES OF THE
their Engagement, returned two Belts to your Indians, which I con- veyed to your hands last March was a twelvemonth.
At the same time I sent another Belt to the five Nations with the very same Proposition, and now I have been at Albany to treat there with those Indians upon that subject, and having got the said ffive Nations together with the Tuscarouroes to give their Assent in the most ample and solemn manner to that Proposition of the Boundaries, I come here at this time to get the concurrence of your Indians to the same Proposition, not doubting of all ready assist- ance with this Govermt. to bring such a Negotiation to an happy issue.
I have also a Demand to make of some Negro Slaves belonging to Virginia, which I understand are harboured among the Shuannoes and said to be set free and protected by those Indians. This is a proceeding that must so dangerously affect the Properties of his Ma- jesties subjects in these parts, that I greatly depend on the Earnest Application of this Governmt. to discourage your Indians from such a Practice.
Having nothing else to propose to your Indians but upon these two heads, I hope no difficulty can arise here to my treating with them as Governour of Virginia, especially while every step that I make will shew that I am with great Respect,
Sir,
Your most obedient humble Servant, A. SPOTSWOOD.
The Governour declared his approbation of Colo. Spotswood's design to treat with our Indians upon the heads mentd in his Letter, and therein desired the advice & concurrence of the Board, but the Board but thin, and some of the members differing in opinion from. the Governour upon the subject matter of the said Letter, the further consideration thereof was deferred till to morrow at three in the afternoon.
The same day, after the Council broke up, the Govr. finding most of the members to be of a different opinion from him upon the sub- ject of Colo. Spotwood's intended Treaty with our Indians, He therefore desired them to give him their Sentiments thereupon in Writing, which accordingly they did in the following Representation delivered to the Governour on the 6th inst., by Mr. Secretary Logan.
At a Council held at Philadelphia, Octr. 10th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Samuel Preston,
Robert Assheton,
William Assheton, James Logan, Secry.
Thomas Masters,
The Governour acquainted the Board that he had received the Representation of the Council last week, in Answer to Colo. Spots-
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PROVINCIAL COUNCIL.
wood's Letter to him, read in Council on the 3d inst., a Copy of which Representation he had delivered to Colo. Spotswood, together with a Letter expressing his own Sentiments upon that subject, which Letter was now read at the Board, and is as follows : SIR :
Immediately after I received the Honr. of yours of the 2d inst., I called the Council of this Province together, & communicated the same to them with my Sentiments, viz : That I very much approved of your Proposal to Treat with our Indians at this time upon the Heads mentioned in your Letter ; For as I had carefully observed the General Purport & Design of your Treaty & whole conduct at Albany with the Indians of the Five Nations, seemed principally to Secure all these Colonies, as well as Virginia, from being any longer imposed upon & molested by their accustomed way of breaking through their former Treaties & solemn Promises to the English Governments, without any Excuse than that they were not able to restrain their young men, I was well satisfied to see their Hands so effectually tyed up by their own voluntary act, and considering the near Relation, Intimacy & Correspondence between the ffive Nations & our Indians upon Sasquahannah, I could not but think, that if our Indians who are so much nearer to Virginia, were brought volun- tarily & distinctly by themselves to accept of & confirm the same Proposition as to the Boundaries which the ffive Nations have ac- tually undertaken for them, that they shall observe it would in all probability prevent future Disturbance on the Frontiers of these Co- lonies, and tend to a General Peace amongst the Indians on this side the Lakes. But finding that some members of the Council were not altogether of my opinion, and seemed to have a different view of this matter, I was willing to delay returning an Answer to your most oblidging Letter, until I had their Sentiments upon a subject that seemed to be of so much Importance to the Peace of this Province.
I beg you will put a favourable construction on my hearty endea- vours to Answer your just Expectations, and to shew as far as I am able a perfect Regard to the Honr. & Interest of Virginia, and after you have considered the inclos'd Representation from the Council to me, please to be assured, that according as it proves agreeable to your Excellent Judgement & great Experience in Affairs of this Nature, I will either wait upon you to Conestogoe, where at your Request I have already appointed the Chiefs of our Indians to meet you, or if you chuse rather to leave any Directions with me, I shall diligently use my best endeavours to bring the Indians into those measures which you propose, & which I rejoyce to observe have been so judiciously concerted and agreed upon between the Governmts. of Virginia & New York, for the General Advantage of His Majesties Dominions on this part of the Continent. I am with great Esteem & Respect,
Sir,
Your most humble & most obedient Servant,
W. KEITII. .
Philada., Oct. 6, 1722,
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MINUTES OF THE
In Answer to which Letters & Representation our Governour had received from Colo. Spotswood, the day before his Departure from this place, the following Letter with the Belts &c., therein mentd., the sd. Letter being read, was in these Words :
PHILADELPHIA, Octr. 8th, 1722.
SIR : Your Councils Representation against my intended Negotia- tions with the Indians of this Governmt., could not but greatly sur- prise me, while I came hither without the least apprehension of such an obstruction. For after so much pain had been taken, even by your coming last year in person to Virginia to discuss that Proposition of the Boundaries, and to have explained the meaning of the Governmt. of Virginia with Respect to Potowmack River & the high ridge of Mountains ; And after the Governmt. of Pensilvania had appeared to be fully satisfied with the proposed Boundaries, when you Sir, with your Council present, in a solemn meeting at Conestogoe on the 6th of July, 1721, tell your Indians that you had actually made a Treaty for them, whereby they were bound not to Pass certain Limits which you had agreed on, and to which I understand your Indians very readily assented. I say, after this matter had been carried such a Length, could I reasonably expect that any of your Council should be allowed to contend for your Indians departing from their engage- ments, and not ratifying their Promises.
Another extraordinary proceeding of your Council in this Affair I cannot but complain of. They are pleased to let me but just now understand that they disapprove of the Virginia Law for enforcing and rendering more effectual the Treaty which I came hither to make with your Indians, and that their intention is to oppose their Indians subjecting themselves to the Penalties of that Law. Had any of the four members of your Council which accompanied you to Albany, giving me the least Intimation (during a whole month that we dayly met and frequently discoursed upon the subject) of their having then such Sentiments as are now contained in their Representation, I would have had these Points Cleared & Settled, before I would have put myself to the Expence of Purchasing Horses and preparing for a Journey out into your Indian Country, or I should at least have returned home as soon as Colo. Harrison did, without attending here so many days for the Deliberations of your Council, which I find, by what I had the Honr. to receive from your Hands yesterday, to be so opposite to my principal Errand hither, that I apprehend my Negotiations with your Indians (so long as those Gentlemen continue in the Sentiments they have expressed under their hands) must prove to little purpose, or at least must lay the Foundation of Contentions between you and your Council, which I should the more Regret, if I could be in any ways Charged with being instrumental therein.
Wherefore, give me leave to depart with only acknowledging the just sense I have of your sincere endeavours towards rendering my Negotiations effectual ; And as I go away with the satisfaction of your Judgment intirely concurring with mine in this affair, I shall remain Easie under the present difference in opinion with some of your Council. But in case they should fall into another way of think-
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PROVINCIAL COUNCIL.
ing, when they Reflect how singularly they stand by themselves, as well with respect to the opinions of the Government of New York as to the Sentiments of the whole Legislature of Virginia, I therefore leave a Belt of Wampum to be offered by you in behalf of the Colony of Virginia so soon as you see a proper occasion to have your Indians ratify their Engagements for observing the proposed Boundaries, and that they may at the same time be made sensible of the Danger of breaking such Treaty with Virginia. I leave you also the act of Assembly which has been lately made for that purpose. I likewise leave another Belt to be offered with such Proposition as this Gov- ernmnt. shall think fitting to make with Respect to the Runaway Negroes and Slaves belonging to Virginia.
I am, with great Respect & Esteem, Sir, your most obedt. humble servant, A. SPOTSWOOD.
At a Council held at Philadelphia, Octr. 11th, 1722.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart. Governour. Isaac Norris, Thomas Masters,
Samuel Preston,
James Logan, Secry.
Robert Assheton,
The Secretary laid before the Board the Message to the Indians ordered last night to be prepared, which with very little alteration was approved, and ordered forthwith to be dispatch'd to James Le- tort, to be by him interpreted to the Indians at Conestogoe, To whom he is also ordered to deliver two Belts of Wampum herewith sent, the one to be delivered on the part of this Governmt. at the same time with the Message, and the other Belt to be delivered at the In- terpretation of that part of the Message relating to the Runaway Virginia Negroes.
Which Message is as follows.
To the Chiefs of the Conestogoe, Delaware, Shawannese & Ga- nawese Indians.
Friends & Brethren :
You will rejoice with me that I and my Company are not only safely returned (by Gods blessing) from our long Journey to Albany, but that we have entered into a more firm & solemn League than ever before with all the five Nations. I was in hopes before this time to have seen you there myself in Company with my good ffriend Colo. Spotswood, Governr. of Virginia, who returned with me from Albany to this place, and there to have laid before you the whole Treaty we have made. Colo. Spotswood also intended to come and acquaint you with the Treaty he has made with the five Nations, and to confirm the same with you; but having spent a long time abroad, the year being far gone, and having heard at this Town some News from Virginia, he was obliged to return home without farther Delay. He designed to visit you, and you will take kindly his Good will in
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MINUTES OF THE
this design, and excuse the necessity of leaving us so soon since his Affairs obliged him to it.
I also must attend the meeting of our Assembly next week, and therefore I have ordered the Treaty I made with the ffive Nations, in behalf of all this Government, to be now interpreted to you by James Letort, who was with me at Albany. I shall also as your true ffriend, communicate to you the Treaty that Colo. Spotswood has made with the ffive Nations, which very nearly concerns you for they have included you in it, and have obliged you to observe it as well as themselves.
You know the great pains that we have all taken to preserve Peace among the Indians. There was no End to the Robberies committed by the Young Men of the ffive Nations upon the people of Virginia, and to their Attacks upon the Indians of Virginia. He therefore, by several Treaties, agreed both with the Southern Indians and the ffive Nations upon certain Boundaries & Limits to be fixed by them, that is, that the Indians of Virginia should not pass to the Westward of the great Ridge of Mountains, nor to the Northward of the great River Patowmeck, viz : the Southern Branch of it; And that neither the five Nations, nor any of your or any other Northern Indians should pass to the Southward of the said Southern Branch of Patow- meck, nor to the Eastward of that great Ridge of Mountains, but that the Indians on both sides should exactly observe these Boundaries.
Notwithstanding which the Young Men of the five Nations, & some of you sometimes in company with them since that agreement as you very well know have passed over those Boundaries, and have done mischief to the Inhabitants of Virginia & their Indians.
Therefore to prevent all such mischief for the future, the Governmt. of Virginia have made a very strict Law, by which, if any of the Southern Indians shall come to the Northward of Patowmeck or pass to the Westward of the great Ridge it shall be lawfull to put them to Death, and if any of the ffive Nations shall pass the said Boun- daries to the Southward or Eastward of the same Boundaries, they shall be treated as publick Enemies and be put to Death, or trans- ported into other Countries beyond the Seas.
And Colo. Spotswood has now, in this most solemn Treaty, agreed with the five Nations for and in behalf of Ten Nations, who all in- habit within the great Ridge of Mountains, viz : the Nottaways, Mehevins, Nansemonds, Pammunkies, Cheecominies, Toderickoons, whom they call the Saponies, Ochnicecties, Stenickenocks, Meyrout- skies & Tooteloes, that none of them without having a Passport from the Governour to produce, shall on any pretence whatsoever pass over the sd. great Ridge of Mountains to the Westward, nor to the Northward of the River Patowmeck, or in case they do without such a Pasport, it shall be lawfull for the Indians to the Northward to put such Southern Indians to Death ; And the five Nations have in like manner more solemnly agreed for & in behalf of themselves the Maguese, Oneydoes, Onondagues, Cayoogoes and Sinnekes, as also for & in behalf of the Tuscarosoes, the Conestogoes, the Shawannese, the Octatiguanannkroons and the Ostagnes, being in all Ten Nations,
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PROVINCIAL COUNCIL.
that none of them without having a Pasport to produce the same, shall on any accot. whatsoever pass to the Southward of the River Potawmack, which they call Kahangorouton, nor to the Eastward of the great Ridge of Mountains, or in case any of them or you shall pass the Boundaries on any accot. whatsoever without a Passport to produce, such Indians shall be put to Death for so being, or be trans- ported and sold for Slaves ; and this Treaty they have all confirmed, and signed a Writing under their Hands for an everlasting Remem- brance that they & their children & you & your Children may for- ever observe it.
You see therefore, my Friends & Brethern, that as the five Nations have thought it for preventing all further misunderstandings with Virginia, to bind not only themselves but have taken upon them to bind you, also most firmly to observe this Treaty ; You for your own safety you must give Notice to all your people, that they strictly ob- serve on your parts what they have done, lest any of you should forget & expose yourselves to the punishments which the Virginians will assuredly inflict on those who tresspass the Law and Solemn Agreement, and accordingly I must press you all, as I am your true ffriend, most carefully to remember and observe the same, that you may not by this Treaty be brought into any trouble.
I must further acquaint you, that Colo. Spotswood has left with me a Belt of Wampum, to be delivered to you when your Chiefs think fit all to meet to receive the same, as a mark of your agree- ment to the Treaty the five Nations have made, which for your own safty you ought to observe, lest you fall under the Punishments to be inflicted on those who violate the Treaty.
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