Colonial records of Pennsylvania, Vol. III, Part 30

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


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Whereupon, It is ORDERED, that all Magistrates & other officers who come to the Knowledge of any such Riots and Acts of Violence & Proceeding in their respective Counties, be required to exert their Authority & prosecute the Offenders with Vigour, in causing them to be apprehended, not only by the Constables and Assistants, but if occasion be, by the Sherif of the County with a sufficient force, and such Offenders when taken to committ to close Prison, unless they shall find good substantial Security for their appearance at the next ensuing Courts of Quarter Sessions in their respective Counties.


And that the Magistrates further take Care to bind Over proper Evidences who can give Information of such riotous Proceedings, to attend at the respective Courts, in order to have the Offenders prose- cuted with Effect, that thereby the publick Peace may be preserved & Evil minded Persons be discouraged from breaking the same.


At a Council held at Philadelphia, March 29th, 1727.


PRESENT :


James Logan, Richard Hill,


Robert Assheton, Wm. Fishbourn. Esq'rs.


The Governour acquainted the Board, that by Reason of the rising of the Waters, through the excessive Rains we have had of late, the Assembly of this Province did not meet the 27th Instant pur- suant to their Adjournment, so that they were now without a Day, But being informed that there was a sufficient Number of Members in Town to make a House, he intended to constitute them one again, to the End he might lay before them a Matter of great Importance to the Prosperity of this Province, which he had now drawn up in Writing for the Consideration of this Board, and the same being read & some small Amendments made, was approved of & is as - follows :


Mr. Speaker & Gents. of the House of Representatives :


" The weather and floods having prevented your meeting on the " 27th instant, pursuant to your last Adjournment, I thought fitt not- " withstanding as soon as a sufficient Number to make a House were " in Town, to enable you as I now do to act again, & altho' I under- " stand you are still for the reasons that have been mentioned, much " short of being full, yet I cannot decline laying before you a Matter " of vast importance to the whole Countrey, which requires all our "' attention & your serious Application."


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" This, Gentlemen, is the horrid Attempt of some of the wickedest " of Men, to adulterato the Bills of Credit of our own and the neigh- " bouring Provinces, first discovered by me at Newcastle, and since " more fully by his Excellency the Governour of New York, who " has advised me of his Success in apprehending two of the Criminals " there.


" The design appears to have been laid so deep, that it may not " unjustly be compared to the poisoning the waters of a Countrey, the " blackest & most detestable practice that is known, & which the laws " of Nations & those of War condemn even in declared Enemies, for " as that destroyes the lives of the innocent in taking their natural " Food, this would as effectually overthrow all Credit, Commerce & " Traffick, and the mutual Confidence that must Subsist in Society to " enable the members of it to procure to themselves & Families their " necessary Bread."


" We have seen large Quantities of the Counterfeit Bills of our " neighbouring Colony diffused in this Province, to the great Loss " of its Inhabitants, and I am credibly informed the Design has " been laid to pour in upon us a flood of our own Bills, counterfeited " from Ireland, where they have so artfully imitated most of those " of Jersey, that it requires more skill to distinguish them than is " to be expected amongst the Common, & especially amongst Coun- " trey People.


" Therefore to prevent the importation & spreading of these Bills, " if possible, & to provide for the apprehending & punishing the Im- " porters or Counterfeiters, & such as shall knowingly utter the same, " in a manner more adequate to the Crime than is yet provided by the " Law, is what I must now earnestly recommend to your most serious " Consideration, lest such Provision should be too late, & the Credit " of our Bills should sink, which for the fatal Consequences that you " are sensible must attend that unhappy event, should be guarded " against with the utmost Care."


The Governour then proceeded to inform the Board, that he had lately mett the Assembly of the three lower Counties at Newcastle, where he had succeeded in several Affairs nearly concerning the In- terest of the Honble Proprietary Family, & likewise had opportunities of discovering several underhand practices & designs carried on in op- position to that Interest, by a person who held very profitable Places under the said family, & was distinguished with several marks of fa- vour & places of power under the Government, viz : John French ; And that the Board might be the better convinced hereof, the Govr. laid before them some Papers of the Handwriting of the said John French, evidently calling in question the Proprietors undoubted right to the said Counties, Which being read and well considered. And it likewise appearing to this Board, that he had used very un- becoming & disregardfull Expresssions of the Proprietor & his Char- ter, the Board was unanimously of opinion, that he should be divest- ed of all Power & Authority under this Government, & likewise stand dismissed from this Board, to which he had been formerly called as a Member of Council.


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The Govr. further informed the Board, that William Till having been formerly turned out of the Commission of the Peace for the County of Sussex, upon account of the Disregard he had showen to the Pro- prietary Family, had now not only acknowledged his Error & disco- vered to him the methods by which he had been abused and imposed upon, but had likewise done very good service to that honble Family in the late Assembly, & therefore his Honour said, he had promised & thought it but justice to reinstate him in the Magistracy, to which the Board agreed.


It was then proposed, seeing it would be necessary to issue new Commissions for the Supreme Court, and of the Peace for the said Counties, to consider of fitt persons to be commissionated, but the consideration thereof was deferred till a fuller Board.


One of the members informed the Board of a complaint made by the Indians living near a branch of Brandywine Creek, that their Fishing was hindered by the building of a Mill and Dam on the said Creek, in Newcastle County ; And the said member having observed, that a law was passed in the lower Counties for keeping the said Dam open during the Fishing Season, and that if the same was not done, The Sheriff of the Countie was impowered & required to throw the same down; Moved that the Governour would be pleased to order the Sheriff to put that law in execution, that there might be no cause of further Complaint, which the Governour readily pro- mised to do.


At a Council held at Philadelphia, April 20th, 1727. PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Richard Hill, Isaac Norris, Robert Assheton,


Samuel Preston, Anthony Palmer, Esq'rs.


The Minutes of the preceeding Council were read & approved.


The Governour observed to the Board that several of the Members of Council, living at some Distance from Town, & their Number being but few, it was difficult on some occasions to gett a Quorum together, & therefore proposed that an Addition should be made, and that the Members present would think of two or three fitt Persons for that End; And the Board being of opinion that such an Addition is very necessary at this time, took the same into Consideration, & the three following were judged qualified for that Service, & Resolved that they be called to this Board accordingly, vizt : Evan Owen,. Clement Plumsted & Thomas Laurence, Esquires.


Then the Board proceeded to consider of proper Persons to be ap- pointed Judges of the Supream Court of the Lower Counties, and Justices of the Peace for the Counties of Newcastle & Sussex, and the following Persons were held proper to be assigned, &


RESOLVED, that they be Commissionated accordingly, vizt : David Evans, Richard Grafton, Robert Gordon, Benjamin Shurmer, Henry Brook & Jonathan Baily, to be Judges of the Supreme Court.


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Robert Gordon, John Richardson, Joseph England, Charles Springer, Andrew Peterson, Hans Hanson, Simon Hadley, William Read, Thomas January, James James, Junr., Richard Cantwell, Joseph Robieson & James Armitage, to be Justices of the Peace for the County of Newcastle.


Henry Brook, William Till, Richard Hinman, John Roades, Woolsey Burton, Simon Kolluck, Samuel Rowland, John May, Jeremiah Claypoole, Jacob Kolluck, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton, Enoch Cumings & David Smith, to be Justices of the Peace for the Countie of Sussex.


At a Council held at Philadelphia, May 5th, 1727.


PRESENT :


. The Honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, Robert Assheton,


Samuel Preston, William Fishbourn. Esq'rs.


Clement Plumsted Esquire, one of the three named in the pre- ceeding Minute, as Persons fitt to be added to this Board, now at- tending, was called in, and took and Subscribed the several Affir- mations & Declarations enjoyned by Law to be taken by those called Quakers, as also an Affirmation for the Discharge of his Duty as a Member of Council.


A Bill being sent up this day from the House of Representatives, Entituled,


" An Act for the more effectual encouraging the raising of good Hemp, and for continuing an Excise on all Wine, Rum, Brandy, & other Spirits retailed within the Province, was read to the Board, to which some small Amendments were made & ordered to be sent down to the Assembly with the said Bill."


At a Council held at Philadelphia, May 6th, 1727.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour.


Richard Hill, Evan Owen,


Robert Assheton,


Clement Plumsted. Esq'rs.


William Fishbourn,


The House of Representatives waited upon the Governour with an ingrossed Bill to be passed into a Law, wch was pass'd accord- ingly, vizt :


An Act for the more effectual encouraging the raising of good Hemp, & for continuing an Excise on all Wine, Rum, Brandy, and other Spirits, retailed within this Province.


And the Great Seal was Ordered by Warrant to be affixed to the same.


N. B. Evan Owen had formerly qualified himself as a Counsellor in Sir William Keith's Administration.


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At a Council held at Philadelphia, June 5th, 1727.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour.


James Logan,


William Fishbourn,


Richard Hill,


Evan Owen,


Esq'rs.


Isaac Norris,


Clement Plumsted,


The Governour acquainted the Board, that the Office of Prothono- tary of the Court of Common Pleas for the City & County of Phila- delphia being now vacant by the Death of Mr. Assheton, & the time of the sitting of that Court being near at hand, he intended to grant a Commission for that Office to Mr. Andrew Hamilton, whom he look'd upon as one not only well qualified by his Skill in the Law to fill that Place, but who had likewise done very considerable Service to the Proprietary Family in this Province & Counties ; And that altho' the Power of this Appointment was entirely lodged in himself, Yet nevertheless he had thought proper to call the Council together at this time to have their Advice & opinion herein, which he now desired.


Whereupon each Member delivered his opinion, and all unani- mously agreed in approving the Governours said Appointment.


At a Council held at Philadelphia, July 3d, 1727.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour.


Jame Logan, William Fishbourn,


Richard Hill,


Evan Owen,


Esq'rs.


Isaac Norris,


Clement Plumsted,


Samuel Preston,


Present also, several Chiefs of the five Nations, but most of them of the Nation of the Cayoogoes, vizt :


Connosoora, Cagongsaniyong, Cantaraghengrat, Tannewhanne- gah, Cannawatoe, Seelowacks, Achyiawanra, Onaquadeghoa, &c., with Civility & Satcheetchoe of Conestogoe, and Divers of the Gana- wese, &c.


. These, with divers other Indians, arriving from the five Nations and Sasquehannah four days agoe, desired a Meeting with the Go- vernour as on this Day. The Governour, to give them an opportu- nity Summoned the Council for that Purpose, who being mett, & these Indians Seated,


The Governour told them by M. Montour, a french Woman, who had lived long among these People, and is now Interpretess, that he was glad to see them all well after so long a Journey, and was now ready with his Council to receive what they have to say.


Tannewhannegah spoke, & by Montour the Interpretess said, That the Chiefs of all their five Nations being mett together in one of their Towns, they held a general Council, & that these who are now present came in the Behalf & by the Advice of all the rest


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that they understood the Governour of this Province had divers times sent for them to come hither, And that they were now accordingly come by the Advice of all their Brethren to know the Governours Pleasure.


That the first Governour of this Place, Onash, (that is Governour Penn,) when he first arrived here, sent to them to desire them to sell Land to him, that they answered they would not sell it then, but they might do it in time to come, that being several times sent for they were now come to hear what the Governour had to offer.


That when the Governour was at Albany he had spoke to them to this Purpose. Well, my Brethren, you have gained the Victory ; You have overcome the People & their Lands are yours. We shall buy them of you ; How many Commanders are there amongst you, and being told there were forty, he said Then if you will come down to me I will give each of these Commanders a Suit of Cloaths such as I wear. They say, that a former Governour proposed to some of their Nation, as they were passing by Conestegoe to go to War against their Enemies, that he would buy that Land at Tsanandowa, for that he had a mind to settle some of his people there, (as being in their Road,) who would Supply them with Necessaries in their Journey ; that they answered, they were then going to War and could not attend Affairs of Land, but at their Return they would lay the Matter before their Chiefs, who would give their Answer, and now they are come to hear what the Governour has to offer.


They add that the said Governour, when he was at Conestogoe, desired those Warriours to Speak to the Chiefs about the Purchase of that Land ; that having no Wampum to send by them as a Token of the Message, he gave the Warriours a Cask of Powder with some Shott, a Peice of red Strowds and some Duffells, that the Warriours delivered their Message to the Chiefs, who have now sent to lett the Governour know they are willing to proceed to a Sale ; And with this Speech they present two very small Bundles of Deer Skins for a Confirmation.


The Governour told them that he would answer them in the Morning to all they had said, & they departed.


JULY 4TH.


The Council and Indians being mett according to Appointment, the Governour, by the same Interpretess, in answer to what the Indians said yesterday spoke to them as followes, vizt :


The Governours of this Province, who have all acted here in the Place of William Penn, the first & great Governour of the same, have always been pleased with every Opportunity of cultivating & improving a friendship with the five Nations, and the present Gover- nour & his Council take their Visit very kindly at this time, but they have been misinformed when they Supposed the Governour had sent for them ; the Journey is very long & he would not have putt them


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to so much Trouble, or if he had seen Occasion for it he would ac- ccording to Custom have sent some Messenger with a Token, by which the five Nations might have been assured of the Truth of the Message.


Governour Penn, (that is Onash,) when he first came into this Province, took all the Indians of it by the hand ; he embraced them as his Friends & Brethren, & made a firm League of Friendship with them; he bound it as with a Chain that was never to be broken ; he took none of their Lands without purchasing and paying for them, & knowing the five Nations claimed the Lands on Sasquehannah, he engaged Collonel Dungan, Governour of New York, about forty years since to purchase their Right in his behalf, which Collonel Dungan did, & we have the Deeds from him for all those Lands.


The five Nations were so sensible of this that they never since claimed these Lands, tho' we have had many Visits from them hither for brightening the Chain of Friendship. And five Years since, when Sir William Keith and four Gentlemen of the Council were at Albany, at a general Meeting of all the five Nations their Chiefs of themselves confirmed the former Grant, and absolutely released all Pretentions to these Lands ; Our Records shew this, & these People who are now here cannot but be Sensible of it.


When a former Governour of this Place, with his Council, made a Present at Conestogoe to some of the five Nations then passing that way, it was not with any view to purchase the Lands at Tsanan- dowa. The Governour thanks them very heartily for their offer to sell these Lands, if they are not yet purhased, but he cannot treat about them at present. William Penn's Son who was born in this Countrey is expected over here, & then he may treat with them if he think it proper. In the mean time, as these Lands lie next to our Settlements, tho' at present at a great Distance, We shall take this Offer as a Proof of their Resolution to Keep them for him.


This is what the Governour has at present to say about Lands, but as they are come a long Journey to visit us, He gives them as our Friends & Brethren these Goods now laid before them, desiring that of the 5 Guns one may be given to the Chief of each of the five Na- tions, with three pounds of Powder & as much Lead, and the rest may be divided as they shall think proper. And we have also pro- vided Bread, Cheese, Rum, Pipes & Tobacco, for their Support in their Return.


The Governour doubts not but they are fully convinced of our Friendship and Regard to them, and that they will Consider their Reception here as a Proof of it. The Governour recommends to them to notify the Chiefs of the five Nations what passes between us, that it may be Kept in perpetual Remembrance.


The Goods which were last night ordered for them are, 5 fine Guns, 50 lbs. of Powder,


15 Strowd Match Coats,


100 lbs. of Lead,


10 Blanketts,


2 dozen Knives,


10 Duffell Matchcoats,


12 Shirts.


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Ordered further :


To the Interpretess 1 Stroud, 1 Shirt, 1 Matchcoat.


To her Husband, Carondawana 1 Strowd, & another to her Niece. To Civility 1 Strowd, 1 fine Shirt & 1 pair of Stockings.


Also, 1 cwt. of Bisket, 10 Gallons of Rum, with Cheese, Tobacco & Pipes, for their Journey.


After the said Indians had received their Present, & were parted, they again applied desiring an Opportunity of Offering something further, And the Governour appointing the same afternoon, they mett and presenting Six very small Bundles of Deer skins, proceeded to say :


That they are come hither to see the Governour in his Govern- ment, and are very well pleased with the opportunity given them, & with the Governours Discourse this Morning, concerning the Cove- nant Chain & the Friendship that has long subsisted between them, and 'tis This they desire may be Kept bright & shining to the Sun, & that neither Rain nor Damps nor any Rust may affect it to deprive it of its Lustre ; And that the Governour & his People, & they &


- their People, and their Children & our Children may ever continue as they have hitherto been, one Body, one Heart & one Blood to all Generations.


They are"(they say) but of one Nation, but they speak in behalf of all the five Nations & by authority from them all. All humane things are uncertain, & they Know not what may befall them, or into what Misfortunes they may be involved, if they hear any News re- lating to us like Brethren they will inform us of it; And if we hear any ill News relating to them they desire also to be informed of it, for when they meet with any Misfortunes and Troubles they will apply to us and acquaint us with them, as their Friends and Brethren.


They say that there come many sorts of Traders among them, both Indians and English, who all Cheat them, and tho' they get their Skins they give them very little in Pay. They have so little for them they cannot live, & can scarce procure Powder & Shott to hunt with & gett more. Those traders bring but little of these, but instead of them they bring Rum which they sell very dear, at least 3 or 4 times more than it is worth, and of this they complain.


They take Notice that both the French & the English are raising Fortifications in their Country and in their Neighbourhood, and that great Numbers of People are sent thither, the meaning of which they doe not very well conceive ; but they fear some ill Consequences from it, and make it now Known to us as their Brethren.


They desire there may be no Settlements made up Sasquehannah higher than Pextan, and that none of the Settlers thereabouts be suf- fered to sell or keep any Rum there, for that being the Road by which their People goe out to War, they are apprehensive of Mis- chief if they meet with Liquor in these Parts. They desire also, for the same Reasons, that none of the Traders be allowed to carry any Rum to the remoter Parts where James Le Tort trades, (that is Alle- gany on the Branches of Ohio.) And this they desire may be taken Notice of, as the mind of the Chiefs of all the five Nations, for it is all those Nations that now speak by them to all our People.


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The Governour received their present Kindly, thank'd them for what they had said, and that they might have something in Return for their last Present, It was ordered that the Quantity of Powder should be Encreased to a hundred Pounds, and instead of 100 lbs. they should have a hundred Barrs of Lead.


The Govr. told them he would answer what they had last said in the Morning, upon which, after a friendly Entertainment by the Go- vernour & Council they parted.


JULY 5TH.


The Council being mett & the Indian Chiefs Seated.


The Governour, in answer to what they had proposed last Night spoke as follows :


To their Ist Speech : The first great Governour of this Place took Care to fix the Covenant Chain between himself & the Indians, & he & his People have always kept it bright on their parts, & are desi- rous it may ever be continued the same in the Manner they have mentioned between our Children & theirs forever, and the old men are desired to acquaint their young People with this as they grow up, that all our Posterity may know what their Fathers have agreed to.


We know of no ill News at present, there is no Danger of any War in these Parts. When we can inform the five Nations of any thing worthy their Knowledge we shall acquaint them ; there is a great Talk of War in Europe, but now both the English & French are on the same Side.


To the 2d : As to Trade, they know 'tis the Method of all that follow it to buy as Cheap and sell as dear as they can, and every Man must make the best Bargain he can ; the Indians cheat the In- dians & the English cheat the English, & every Men must be on his Guard.


As to Rum, we have made divers Laws to prohibit it, & made it lawfull for an Indian to stave all the Rum that is brought to them, for they carry it privately out of Town without the Governours Knowledge ; But the Indians are too fond of it themselves, they will not destroy it. We desire them not to seize any for that is not law- full, but that they would break the Casks and destroy it.


To the 3d: They may assure themselves that the English ever have been & are their constant Friends, & therefore that they have nothing to fear from their Fortifications; Of those made by the ffrench, that they are so remote from us that we Know nothing.


To the 4th : We have not hitherto allowed any Settlement to be made above Pexton, but as the young People grow up they will spread of Course, yet it will not be very speedily. The Governour, however, will give orders to them all to be civil to those of the five Nations as they pass that way, tho' it would be better if they would pass Sasquehannah above the Mountains. And the sale of Rum shall be prohibited both there & at Alegany, but the Woods are so thick & dark we cannot see what is done in them. The Indians may


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stave any Rum they find in the Woods, but, as has been said, they must not drink or carry any away.


The Governour added, that as they were now preparing for their Return, and we were to take Leave of each other, He had in consi- deration that Powder & Lead was of the greatest use to them in their hunting, and that both these were scarce & dear, he had ordered their Quantity to be increased, then their Rum and Provisions were delivered to them, with a particular Charge that they should not touch with any of their Liquor till after their Departure from hence, for that while they staid they should be provided for here.




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