Colonial records of Pennsylvania, Vol. III, Part 25

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 634


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 25


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In such cases you know it is the constant practice amongst your People to consult together in Council until the old & wise men over- come & convince the weaker heads of the young & foolish.


Just so ought you to do with us, because we are altogether one people, and then the Family become strong in Love Peace & Friend- ship to cach other.


Remember that this is the bright Chain of Love and Friendship wherewith William Penn bound your People and his together, never more to be separated. By this Chain Philadelphia is joined to Co- nestogoe, and all the Indian Towns upon Susquehannah.


By laying our hands as it were on this Chain, We can safely tra- vel by night or by day through all your Towns, and into the woods, and in like manner your people are thereby conducted safely through all our Settlements back again to us at Philadelphia.


You must know & remember that it is my proper Office & Busi- ness, as Governor of the whole Country to keep this Chain perfectly clean and free from the least Speck of Rust.


You therefore Whiwhinjac, King of the Ganawese who have now spoke to me in the name and on the behalf of the four Nations of In- dians upon Susquehannah must remember what I am now going to say and tell the other Chiefs of these Nations That I expect you and they being frequently in Council together with your old & wise men will be exceedingly careful to keep that End of the Chain to- - wards your own Settlements always bright & Clear, and you may assure all your People that as often as any them have occasion to come down to visit their Brethren the English here, they shall not find the least spot on this End of the Chain fastned here, which is always in my view and shall be my particular Care.


The dead Body of our Indian Brother whom you mention was covered by me at Albany in the sight of all the Chiefs of the Five Nations and to the Satisfaction of his Kindred ; Nevertheless I take it very kindly that you now desire that Blood may be washed away under the Ground never more to be seen or heard of. This shows that you are truly our Brethren, and hereupon I embrace and as it were take into my arms you and all your People.


I will take care that no English Settlements shall hercafter be made too near your Towns to disturb you, so that the Shawanoes & Ganawese may remain in Peace where they now are, for we are well pleased with them as Neighbours, and do not desire to see them re- move further from us. But as I have always been ready to hear


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your Complaints and take care of you as my own Children, so I must also do by the English ; Wherefore I desire you will be mind- full to treat them like Brethren of the same family and do not suffer your young People with their Dogs & Arrows to Hunt & Kill their Creatures.


I gave you these things here before you to confirm what I have said, viz : the presents before mentd.


I have also ordered some Provisions and Gallons of Rum to help you back to your Families, and I heartily wish you a good Journey home, - which done.


Civility, the Interpreter, told the Governour he had something to say, which was,


The Indians well approve of all the Govr. had said except where he told them that the English Law made no difference between the English and the Indians, for they should not like, upon an Indians committing a fault, that he should be imprisoned as they had seen some Englishmen were.


To which the Governour answered,


That they misapprehended his meaning, which was, That if any Englishman did injury to an Indian he should suffer the same pun- ishment as if he had done it to an Englishman. But if an Indian committed Robbery or such like Crime agst. the English, he would acquaint their Chief with it and from him expect Satisfaction.


Then Civility told the Govrnr. that they looked upon it as a great Hardship for them to be confined from Hunting on the other side Patowmeck, for that in their neighbouring Woods was but little Game.


To which the Govr. answered,


That the ffive Nations by their Treaty with the Governr. of Vir- ginia had agreed not only to forbear themselves, but also to restrain the Susquehanna Indians from Hunting there, for that He (Civility) knew that some of the ffive Nations under pretence of hunting had gone there formerly and murdered & plundered some of the English, which was the cause of making that severe article in the Treaty.


Then Civility said, That Whiwhinjac and the rest purposed to pro- ceed to Annapolis, to renew their League of Friendship with the Governour there as the has done here, and they thought proper to acquaint him thereof.


To wch the Govr. answered,


That the people of Maryland & Pensilvania were very good Friends, and he was contented they should go, but that ye Indians should consider that as they were Inhabitants of Pensilvania, they were im- mediately subjects of that Governmt., & none other.


At a Council held at Philadelphia, Aug. 3d, 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Richard Hill,


James Logan,


Samuel Preston,


Richard Assheton,


Esq'rs.


VOL. III .- 10


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The Governour inform'd the Board that he had the preceding Night received a Letter from the Governour of Maryland, by an Express, which was read and is as follows :


ANNAPOLIS, July 29th, 1723.


SIR: Having received Instructions from the Rigt. Honble Charles Lord Baltemore, absolute Lord & Proprietary of the Province of Ma- ryland, forthwith to return to him the true Limits & Boundaries of the said Province, in pursuance of a Letter from the Right Honble the Lords Commissioners for Trade & Plantations. I, in obedience to his Lordships Commands, send this to acquaint you, that I intend on the 10th, 11th & 12th days of Septr. next on the west side of the Susquehannah, to take the fortieth Degree of northerly Latitude from the Equinoctial, the better towards enabling me to answer the Ends of his Majesties Service express'd in their said Lordships Let- ter. And the Lord Baltemore hath thought proper thus to make known the same unto you, lest you or some of the Pensilvanians our Neighbours might take Umbrage or misconster these our Trans- actions.


I am, Sir, with great Esteem, Your most humble Servant, CHA. CALVERT.


Address'd To his Excellency Sir William Keith, Bart., Governour · of Pensilvania, Philadelphia.


Then the Govr. produced a Letter which he had received from the Right Honble the Lords Commissioners for Trade & Plantations, dated Aug. 7th, 1719, which was read, and is as follows : * * *


And after some reasoning upon the subject of Colo. Calverts Let- ter, the Board agreed with the Governour in his Sentiments, and re- commended it to Him to return a proper & full Answer thereto.


At a Council held at Philada., Septr. 4, 1723.


PRESENT :


The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, James Logan,


Anthony Palmer,


Robert Assheton, Esq'rs.


The Governour acquainted the Board that he had answered Colo. Calverts Letter of July 29th last as follows :


SIR : I have the Honr. of yours dated the 29th ult., by your Ex- press, wherein you acquaint me that you have received Instructions from my Lord Baltemore, forthwith to Return to him the true Limits. & Bounderies of the Province of Maryland, pursuant to a Letter from the Right Honble the Lords Commissioners for Trade & Plan- tations directed, as I suppose, to His Lordship for that purpose. You also in obedience to his Lordships Commands are therein pleased to give me notice that you intend on the 10th, 11th & 12th days of Sept. next, upon the west side of the Susquehanna River to take the 40th Degree of northern Latitude from the Equinoctial, the better


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- to enable you to answer the Ends of his Majesties Service expressed in their Lordships said Letter; and your further add, that my Lord Baltemore has thought proper thus to make known the same unto me, least I, or any Inhabitants of Pensilvania should take umbrage at or misconstrue your Transactions.


In Answer, I beg leave to think that my Carriage & Behaviour since I have been Governour of this Province, has whenever an oc- casion offered, been truely respectful to my Lord Baltemore, for whose Person and noble Character I do profess a very great & most sincere Esteem, so that I cannot imagine how His Lordship or any of his Friends can conceive that I should concern myself with, and much less take umbrage at any orders which his Ldship is pleased to give to his officers in Maryland, or the Transactions to be done in pursuance of such his Lordships Orders, within the just or reputed known Limits of his Province of Maryland. But, if under the pre- tence of executing any orders from my Lord Baltimore, or from the Lords Commissioners of Trade and Plantatations, which have not been communicated to the Proprietor or Governour of this Province for the time being, it is intended or designed to take any Observation or Run out any Line whereby the Proprietor of Pensilvania may be hereafter excluded from, or in the least prejudiced in what will on a fair Enquiry appear to be his just Right, or if under any pretence . whatsoever it be proposed that the officers of Maryland by them- selves, and without the concurrence of the Proprietor of this Pro- vince, or of such as are lawfully impowered by him, shall take upon them, to extend by any Observation or Survey, the northern Bound- ary of Maryland beyond the Octoraroe Line, established (as I am ready to prove by incontestible Evidence) above forty years ago by Charles then Lord Baltemore, and Second Proprietor of that Pro- vince, who certainly was well acquainted with the meaning & con- struction of his own Patent or Grant from the Crown, in either of those cases. I beg leave to say, that my Duty indispensably obliges me strenuously to oppose all Observations or Surveys made with any such unequitable & partial Intent.


In the year 1719, I received a Letter from the Right Honble The Lords Commissioners of Trade & Plantations of which I herewith send you a Copy, because I believe it to be in Course much the same with what you mention to have been received on the part of Mary- land, and if so, you may easily observe that there is not any thing there which will direct or countenance you to discover the Bounds of Maryland by Astronomical Rules and uncertain Observations, So that propably it must be some other Service than that of His Ma- jesty, or the Proprietor of Maryland which now gives Rise to such a Conceit. But if Mr. Secretary Lloyd, whom I know to be a very ingenious & inquisitive Gentleman, must needs improve his skill in Observations of that nature, it is my humble opinion, he will do it to better purpose and more safely, by consulting my Lord Balte- more's original Patent or Grant, which confines the Province of Maryland on this side, in these words : "To that part of Delaware " Bay which lyeth under the fortieth Degree or Northerly Latitude,"


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than by running up into the woods on the west side of Susquehanna River, without a sufficient authority & proper Direction for that purpose.


I take this opportunity to put you in mind of your Promise last March when I waited for the Honr. of your Company at New Castle, viz : That as soon as some Letters then expected from my Lord Baltemore would arrive, you would certainly give me a meeting in Company with some Gentlemen of your Council, in order to Quiet the minds of the people, by calmly hearing what was to be said on both sides, and settling such little Differences as had then happened on the Frontiers between these two Provinces. As this would be an act truely becoming the Duty of our respective Sta- tions, it could not fail to meet with a general approbation at Home, and therefore I humbly entreat you will be pleased to lay this Proposal before your Council, as a matter of some importance which claims their serious Deliberation, before you proceed to take your proposed Observations upon Susquehanna, and whatever time & place you and the Council of Maryland think fit to agree upon for conferring with me, and some Gentlemen of my Council in order to adjust all Differences in opinion about Limits or other misunder- standings, shall upon Notice thereof be punctually observed and complyed with by


Sir, your most obedient humble Servant, W. KEITH.


Of which Answer the Board very well approved.


The Governour then informed the Board, that he had since that time received another Letter from Govr. Calvert which was read, and is as follows :


ANNAPOLIS, AUGT. 19th, 1723.


Sir Willm. :


I have the Honr. of yours dated the 3d instant in answer to mine of the 29th ult., which according to your desire I have laid before myCouncil. They are unanimously of opinion that it is necessary I should in as peaceable a manner as possible, strictly observe his Lordships Instructions lately received, wch expressly enjoyn me to take an Observation on the west side of Susquehannah, on the 10th, 11th & 12th of September next, from whence you will easily per- ceive that the doing so is not a Project or Concert of Mr. Secretary Lloyd's.


They are likewise of opinion, that it is not advisable for me, at present, to enter into any Conference which may in any wise relate to or affect the Boundaries, But you may be assured that I shall use all means in my Power to Quiet any Differences which may arise, and preserve the public Peace between his Majesties Subjects in both Pro- vinces.


I am, Sir, with the greatest Regard, Your most humble Servant, CHA. CALVERT.


P. S. I intend to be upon the Plantation of Robert West, called Maidens Mount, in Baltemore County, but commonly known by the


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name of Bald Fryar, on Monday the 9th day of Septr., in order there to begin to take the Observations.


C. C.


The Governor then acquainted the Board that he proposed on the morrow to go for Conestogoe, whereupon they requested him to meet Colo. Calvert upon Susquehannah if he could conveniently.


At a Council held At Philadelphia, 22d Novr. 1723.


PRESENT :


The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill,


Anthony Palmer,


Henry Brooke,


Samuel Preston, Robert Assheton,


S Esq'rs.


The Governour proposed to the Board, (that in regard to some late members of the Council being dead, others sick, & some absent, and at a time when the Assembly was sitting, & when Business of Con- sequence might probably offer,) that an addition be made to the number of members of Council, & named William Fishbourn & Josiah Rolfe as proper Persons to be called; to which Proposal the Board unanimously agreed.


Then the Govr. produced the Draught of an humble Address to his Majesty on occasion of the happy Discovery of the late traiterous Conspiracy in England against his Maties Person & Government, to which He desired the concurrence of the Board. The same was read, and with some small amendment unanimously agreed to.


Then Richard Hill & Henry Brooke, Esqrs. two of the members, were appointed to wait upon the House of Representatives, to desire their Concurrence with the Governour & Council in presenting the said Address.


On the petition of John Shallcross & Thomas Kenton, praying that the part of the great Road leading to Burlington, which passes through their Lands & mentioned in a former Petition & Order of Council of the 19th of Febry. last, may, according to the return thereof be Confirmed. The same is Granted & accordingly Con- firmed.


On the Petition of sundry Inhabitants of the Counties of Phila. & Chester, praying that Six other men (different from those by a former order of Council appointed,) may be ordered to view the Land and lay out a high Road from William Paschal's, on the great Con- estogoe Road, to the Swedes Ford over Schuylkill ; And on another Petition of divers Inhabitants of the Counties of Chester & Philada. to the same purpose, both read. Ordered That William Davies, Caleb Evans, and Evan Evans of Radnor, Hugh Hughes, Thomas Morgan, Morris Llewellyn, & William Havard of Merrion, Evan Hughes and John David of East Town, do view the said Land & lay out a Road from William Paschal's, in Whitland, (following the most commodious Courses for the public) to the Swedes Ford upon Schuylkill, and to make return thereof to this Board in Six weeks at furthest.


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MINUTES OF TIIE


At a Council held at Philadia., 28th Novr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Richard Hill,


Samuel Preston,


Esq'rs.


Robert Assheton,


William Fishbourn, Esqr., attending, was called in, & after having taken & subscribed the several Qualifications required by Law, as also that of a Counsellor of this Province, He took his place at the Board.


The Governour acquainted the Board that on the 22d Inst., post merid., the House of Representatives returned to Him the Draught of the Address to his Majesty which had been sent down for their Concurrence, with a Message, That the said House with their Speaker unanimously concurred with the Governour and Council in present- ing the said Address without any amendt. which Address is as fol- lows .*


To the Kings Most Excellent Majesty.


The Humble Address of the Governour, Council and Assembly of the province of Pennsilvania met at Philada. the 22d day of Novem- ber 1723.


Most Gracious Sovereign :


When we reflect on the most providential Event of your Majes- ties peaceable Accession to the Throne of your Ancestors, and pursue the same Divine Hand through the many uncommon Blessings, which from the Fountain of your Wisdom and Royal Clemency have flowed upon all your Dominions during the Course of your Great Reign, We find in our Breasts an irresistable Desire to De- clare in the most publick manner we can, our utter abhorrence of the unnatural and most absurd Principles of those wicked men, who were any ways concerned in framing and carrying on the late traito- rous Conspiracy against your Majesties Sacred Person and Govern- ment.


We Bless God, and at the same time most heartily congratulate your Sacred Majesty, on the seasonable, clean & happy discovery of that detestable Plot ; and that your most Serene Majesty, and all the illustrious Branches of your Royal Family, may forever continue to Prosper under the apparent Influences of Heaven, by subduing your Enemies, endearing your Allies, and making all your good Subjects perfectly happy, is the wishes and prayers of


May it please your Majesty, your Majesties most loyal, most faith- full, and most obedient Subjects,


W. KEITH, &c. &c.


NOTE : Those members of the Council and House of Representa- tives, who are of the People called Quakers ; agreed to the whole sub- stance of this Address, but excepted to the stile.


A Bill from the House of Representatives for emitting & making Current £30,000 in Bills of Credit, was read, and considered, but


* See the Minute of Decr. 7th, next.


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PROVINCIAL COUNCIL.


there being several blanks in the latter part of the said Bill, the fur- ther consideration thereof is referr'd till tomorrow.


Then the Governour read a rough Draught of several Clauses wch. He intended to propose to the House of Representatives as a proper addition to the said Bill, after which the Council adjourned.


At a Council held at Philada., 3d December 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston,


Robert Assheton, William Fishbourn, Esq'rs.


Josiah Rolfe, Esqr., attending, was called in, and after having taken & subscribed the several Oaths required by Law, as also that of a Counseller of this Province, he took his place at the Board. Then the Council adjourned till afternoon.


EODEM DIE P. M.


PRESENT :


The Governour and same members as in the Forenoon, & Anthony Palmer, Esqr.


The Bill for emitting & making currt. £30,000 in Bills of Credit, was read Paragraph by Paragraph and considered, and after several amendments proposed, the further consideration thereof was referred till to morrow, till when the Council adjourned.


At a Council held at Philada., 4th Decr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart , Governour.


Samuel Preston, Robert Assheton.


William Fishbourn, Josiah Rolfe,


Esq'rs.


The Bill for emitting & making currt. £30,000 in Bills of Credit, was further considered, & some few amendments made, and ordered, That the Bill together with the amendments be carried back to the House of Representatives.


On the Petition of Thomas Lindley and George Aston, praying that Leave may be given them at their own cost or charge to alter part of a Road passing through their Lands near Thomas Moores Mill in Chester County.


Ordered That John Minehold, Thomas Moore, Joseph Coleman, James Thomas, Michael Harland, and Jno. Taylor do view the said Land, and if no inconveniency arise from altering the same road, That they or any four of them, do lay out a Road through the said Lands commodious for the Publick and as little hurtfull as may be to any private Person to be at the Expence of the said Thomas Lindly and George Aston, cleared and made ; And that they make


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MINUTES OF THE


Return of their proceedings therein to this Board within Six Weeks at furthest.


At a Council held at Philada., 5th Decr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Robert Assheton, Henry Brooke,


William Fishbourn, Josiah Rolfe,


Esq'rs.


The Bill for emitting & making Curt. £30,000 in Bills of Credit, being returned together with the yesterdays amendments by the Go- vernour in Council, and some of the said amendments being con- ceded to by the House of Representatives, the Board considered fur- ther of the said Bill & having agreed to entertain proposed alterations, Ordered That a Copy of the same together with the Bill be remited to the House.


At a Council held at Philada., 7th Decr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Richard Hill,


Samuel Preston,


Robert Assheton.


Henry Brooke,


Esq'rs.


Wilm. Fishbourn, Josiah Rolfe,


The Council being met The Governour sent down for the House of Representatives in order to Sign the humble address of his Ma- jesty, which was voted and agreed unto the 22d ult., and according- ly the House with their Speaker came up and the same was sign'd (its Tenor is as inserted in the Minutes of Novr. 28th) by the Go- vernr., all the members of Council this day present, and by David Lloyd Speaker of the House of Representatives, by Order and on behalf of the whole House, N. C. D.


At a Council held at Philada., 9th Decr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Richard Hill,


Isaac Norris, -


Samuel Preston,


Anthony Palmer,


Esq'rs.


Robert Assheton. Henry Brooke,


William Fishbourn,


Josiah Rolfe,


The Minutes of the former Council were read as usual, then a Bill from the House of Representatives for laying an excise upon all Wine, Brandy, Rum & other Spirits, retailed in this Province, was read & considered, and an amendment thereunto proposed a Copy whereof together with the Bill is ordered to be carried to the House of Representatives.


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· PROVINCIAL COUNCIL.


Then the Govr. observed to the Board that in regard some of the late Magistrates of the Province were dead and others absent He thought it would be necessary to issue out new Commissions of the Peace, and recommend to them to consider of proper persons to fill up those vacant places in the Magistracy, against another meeting of Council.


At a Council held at Philada., 11th Decr., 1723.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Robert Assheton, Henry Brooke,


William Fishbourn, Josiah Rolfe,


Esq'rs.


The Minutes of the preceding Council read Then a Bill from the House of Representatives prescribing the fforms of Declaration of Fidelity, &c. instead of the fforms heretofore required, was read, as were also two Petitions to the House of Representatives for, and other two against the said Bill, the consideration whereof is deferr'd till to morrow, till when the Council adjourned.


At a Council held at Philada., 12th Decr. 1723.


PRESENT :


The Honble WILLIAM KEITH, Bart., Governour.


Richard Hill, Samuel Preston,


Anthony Palmer, Robert Assheton,


Andrew Hamilton, Henry Brooke, Josiah Rolfe,


1 Esq'rs.


Willm. Fishbourn,


The Council being met, The Governour sent down for the House of Representatives, which accordingly with their Speaker came up, and presented to the Govr. two engrossed Bills, the first entituled An act for Emitting and making Current £30,000 in Bills of Credit, the other, An act laying an Excise on all Wine, Rum, Brandy and other Spirits retailed in this Province, both which the Governour Pass'd into laws of this Province, and then the House withdrew.


Then the Governour, according to what he had mentioned to the Board in a preceding Council, produced a List of the names of such persons as he thought fittest to Serve in the Magistracy, to all whom none of the Board made any exception.


At a Council held at Philadelphia, 31st Janry. 1723 -- 4.


PRESENT :


The Honble Sir WILLIAM KEITH, Bart., Governour.


Robert Assheton,


Andrew Hamilton, Esq'rs. Josiah Rolfe,


Henry Brooke,


The return of an Order of Council of the 25th of Janr., 1722-3, 10*




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