USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 44
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Then were read two Bills sent up from the House, vizt :
AN ACT for Amendment of the Law Entituled An Act for Relief of Insolvent Debtors : &
A SUPPLEMENT to the Law Entituled An Act to prevent the killing of Deer out of Season, and against carrying of Guns & hunt- ing by Persons not qualified.
Both which being agreed to, were Ordered to be returned without Amendment.
EODEM DIE, P. M.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lt. Govr. Henry Brooke, Anthony Palmer,
Clement Plumsted, Ralph Asheton. Esq'rs.
The House of Representatives waited of the Governor, and the Speaker having delivered to His Honour the Order of the House
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for his Support the current year, presented the following Bills for his Assent, which were accordingly passed into Laws of this Pro- vince, & Warrants Issued for affixing the Great Seal thereto, vizt :
1. AN ACT for Re-Emitting & continuing the Currency of such Bills of Credit of this Province as by former Acts are directed to be sunk & destroyed.
2. AN ACT for Enabling Religious Societies of Protestants within this Province to purchase Lands for Burying grounds, Churches, Houses for Worship, Schools, &c.
3. AN ACT for the better enabling divers Inhabitants of the Pro- vince of Pensylvania to hold Lands, & to invest them with the Privileges of natural born subjects of the said Province.
4. AN ACT for the Relief of Benjamin Mayne, with Respect to the Imprisonment of his Person.
5. AN ACT to disable William Fishbourn from holding any Of- fice of Trust or Profit within this Province, & to secure the Payment of a Provincial Debt due from the said William Fishbourn.
6. AN ACT for the better Prevention of Accidents that may happen by Fire in the City of Philadelphia, by Bakchouses & Coop- er's Shops.
7. AN ACT for Amendment of the Law entituled An Act for Relief of Insolvent Debtors.
&
8. A SUPPLEMENT to the Law Entituled An Act to prevent the Killing of Deer out of Season, & against carrying of Guns & hunting by Persons not qualified.
THE GOVERNOR having thanked the House for the obliging man- ner in which they had provided for his support they withdrew, & the Council adjourned.
N. B. The House adjourned to the 2d of August next.
At a Council held at Philadia, April 8th, 1731.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lt. Governr. Samuel Preston, Thomas Laurence, r
Anthony Palmer, Ralph Asheton, Esq'rs. Henry Brooke, Samuel Hasell.
THE GOVERNOR acquainted the Board that the time of the sitting of the Supreme Court now drawing nigh, it would be proper to fill up the two Vacancies in that Commission, occasioned by the Death of the Chief Justice & of Mr. Hill. And His Honour having named Isaac Norris, Esquire, to be Chief Justice, Jeremiah Langhorn, Es- quire, to be second Justice, & Doctor Thomas Græme to be third Justice of the said Court, The Board unanimously expressed their Satisfaction with the said Nomination, and 'TIS ORDERED that Commissions be issued to them accordingly.
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At a Council held at Philadia., Augt. 4th, 1731.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lt. Govr. James Logan, Isaac Norris, Ralph Asheton, Samuel Preston, Samuel Hasell.
Clemt. Plumsted, r Esq'rs.
The House of Representatives having mett on the 2d inst. pursuant to their Adjournment, The Governor laid before the Board a written Message drawn up for the House, touching the Application of the Sugar Islands to His Majesty in Council & the British Parliament, for restraining the Trade of the Northern Colonies in America; And the same being read, together with a Letter from Mr. Paris, the Agent for the Province, It is the Opinion of the Board that the sub- ject matter of the said Message is of such Importance as well de- serves the serious Application of the whole Legislature, & the said Message being approved was ordered to be sent down to the House, & is in these Words:
" GENTLEMEN :
" The Publick Papers of the last Spring have apprized the whole " Countrey of the Application first made to His Majesty in Council, " and then to the Parliament of Great Britain by the Sugar Islands, " especially Barbados, for restraining the Trade of his Majesty's "Northern Colonies in America.
" The first Notice of this Affair from England did not reach my " hands till April last, and as the hearing of their Petition before " the Council was to be the latter end of that Month, I thought it " would be to no Purpose to call you together at a time wch might " have been inconvenient to your private Affairs, especially consi- " dering that our Remonstrances must have come very late, if any " thing had then been determined on the said Petition. By the last " Advices I understand that a Bill has passed the House of Com- " mons, but from the strong Opposition it mett with was not gott " thro' the House of Lords, where it now lies, & will undoubtedly be " vigorously pressed on next Session of Parliament.
" I need not I hope observe to you of how great Importance this " Affair is to the whole Continent of America, & tho' it may be " thought that the Trade of this Place with any of the Forreign Sugar " Islands is but inconsiderable with respect to that carried on by our " Neighbours, yet when the immediate Consequences of such a Re- "straint are maturely considered, it will be found that the General " Trade of this Colony will be most deeply affected by it, & the In- " conveniences such as must be sensibly felt by all its Inhabitants, " and especially the industrious Farmer, for it is evident that if our " Neighbours are denied the Vent they have had for their Bread & " Flour in the Forreign Colonies, & be confined solely to our own, " the Price of our Staple Commodities will by means thereof be " brought exceedingly low.
" Our Honourable Proprietors have on this Occasion shewn their " Affection & Concern for our Interest by a warm opposition to the r
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" Bill, and that Gentleman who at your last meeting was appointed " your Agent, has so far interested himself therein in behalf of this " Colony, & exerted himself with such Care and Assiduity for its " Interest, (Even before that Appointment could be made known to " him,) that I am extremely well pleased your Choice fell on so able " an hand, and I perswade myself his Services will meet with a " proper Encouragement. I send herewith a Copy of part of a " Letter I received from him on the subject, which so fully gives the " then state of that Affair that you will want no other Information, " and with it I send some Prints that may be of use to you in this " momentous Affair, wch I hope you will enter upon with a becoming " Concern, & prepare such Representations in Behalf of this Coun- " try to be laid before His Majesty & the British Parliament, & give " such necessary Directions therein to your Agents as a Matter that " so nearly Affects us all immediately calls for.
" I have also another Affair of very great Importance to the Se- " curity of this Colony & all its Inhabitants to lay before you, which " shall speedily be communicated to you.
The Governor then proceeded to inform the Board that the Matter mentioned in the Close of the preceding Message related to Indian Affairs, & would be found to be likewise of very great Consequence to the whole Province ; the Detail whereof His Honr. said he would leave to Mr. Logan, to whom the Information had been first given, & who from his long Experience & Knowledge in those affairs, could. give the best Account of it.
That Gentleman then producing the Map of Louisiana, as inserted in a Book called a New General Atlas, published at London, in the. Year 1721, first observed from thence how exorbitant the French Claims were on the Continent of America ; that by the Descrip- tion in the said Map they claimed a great part of Carolina and Vir- ginia, & had laid down Sasquehannah as a Boundary of Pensilva- nia. Then he proceeded to observe that by Virtue of some Treaty, as they alledge, the French pretend a Right to all Lands lying on Rivers of the Mouths of which they are possessed ; That the River Ohio (a branch of Mississippi) comes close to those mountains which lye about 120 or 130 Miles back of Sasquehannah, within the boun- daries of this Province, as granted by the King's Letters Patent ; that adjoining thereto there is a fine Tract of Land called Alle- gheny, on which several Shawanese Indians had seated themselves, And that by the Advices lately brought to him by several Traders in those parts, it appears that the French have been using Endeavours to gain over those Indians to their Interest, & for this End a French Gentleman had come amongst them some years since, sent as 'twas believed from the Governor of Montreal, and at his Departure last year carried with him some of the Shawanese Chiefs to that Gover- nor, with whom they at their Return appeared to be highly pleased : That the same french Gentleman, with five or six others in Com- pany with him, had this last Spring again come amongst the said Indians and brought with him a Shawanese Interpreter, was well received by them, had again carried some of their Chiefs to the said
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Govr., & the better to gain the Affections of the said Indians, brought with him a Gunsmith to work for them gratis. Mr. Logan then went on to represent how destructive this Attempt of the French, if attended with Success, may prove to the English Interest on this Continent, and how deeply in its consequences it may affect this Province, & after having spoke fully on these two heads, Moved that to prevent or putt a stop to these designs if possible a treaty should be sett on foot with the five Nations, who have an absolute authority as well over the Shawanese as all our Indians, that by their means the Shawanese may not only be kept firm to the English Interest, but likewise be induced to remove from Allegheney nearer to the English Settlements, and that such a treaty becomes now the more necessary, because 'tis several years since any of those Nations have visited us, and no opportunity ought to be lost of cultivating & im- proving the Frindship which has always subsisted between this Go- vernment & them.
After which he observed to the Board that such frequent Com- plaints of late had been made of the abuses, committed by Carrying large Quantities of Rum amongst the Indians, that it would be ne- cessary for the Legislature to take the same into their Consideran., & to provide a Remedy to so great an evil; That to this pernicious Liquor a late unhappy Accident in the Chief Family of our Dela- ware Indians had been in a great measure owing, vizt : the Death of Shackatawlin whom Sassoonan, his Uncle, had in a fitt of Drunk- eness Killed.
The Board upon mature consideration hereof, were unanimously of Opinion that a treaty with the five Nations is absolutely neces- sary, and that it should be recommended to the house to make pro- per Provision for defraying the Charges thereof, and likewise to pre- vent the Abuses committed by carrying Rum amongst the Indians ; But because it may be inconvenient in several respects to have those Reasons for entering into a treaty at this time with the five Nations, made publick, The Clerk of the Council is Ordered to represent the same verbally to the House, & to deliver a shorter written Message on this subject, which was drawn up in these words :
" Gentlemen :
" Upon some Notices I have lately received, the Import of which " will be now verbally communicated to the House, you will I be- " lieve, clearly see the Necessity of entring into some further Trea- " ties with the five Nations of Indians, whose Friendship is well " known to be of the highest Importance to the Peace and Security " of these Countries. And I must further add, that a most unfor- " tunate late accident in the Chief Family of our late Delaware In- " dians, by means of that pernicious Liquor, Rum, and the abuses " these poor People suffer by its being carried to them in large " Quantities under the pretence of Trade, call also for a Redress, "which at this time becomes the more necessary, because by a due " provision of this kind, our Treaties with them will be much facili- " tated & strengthened."
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MEMORANDUM.
On the News of Shakatawlin's Death, & that Sassoonan's Grief for the unhappy Accident was so great that it was like to cost him his Life, The Governour sent a Message desiring Sassoonan to come to Philadelphia, who came accordingly, & the Governour being acquaint- ed therewith,
. At a Council held at Philadia., Augt. 12th, 1731.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lt. Govr.
James Logan,
Samuel Preston, Isaac Norris, Thomas Laurence. Esq'Ts.
PRESENT ALSO :
Sassoonan or Allummapees, King of the Delawares.
Shekallamy, sent by the five Nations to preside over ye Shawanese. Peasquitoman, a Relation of Sassoonan's.
Edmund Cartlidge,
James Scull, & 1 Interpreters.
THE GOVERNOUR by the Interpreters, spoke to Sassoonan in these Words :
" Brother Sassoonan :
"When we first heard of the unhappy Death of our Friend Sam "Shakatawlin, we were exceedingly grieved for it. We heard also, "at the same time, that you were so much afflicted for his loss that " you forbore taking necessary food, and that after we had lost two " very good Friends, Opekasset & him, we were in danger of losing " you also. To prevent this you were sent for, that we might take " care of you and preserve your Life, that you might still remain " longer amongst us and continue to preserve Peace, which we un- " derstood was always your inclination. But you ought to goe in " mourning for him, and I have ordered a Coat for you for that " Purpose.
" Brethren :
" This unhappy accident I understand, was owing to that perni- " cious Liquor, Rum, which has too often occasioned mischief before, " and I have received divers Complaints of its being carried in Quan- "tities amongst you. We have made many good Laws to prevent " this, but you are so fond of it yourselves that you will find means " to procure it. I now desire to know fully your minds who are "here upon that head, and what measures you would have taken " to regulate this affair ; and if you will observe on your parts what " shall be agreed on, I shall Endeavour the same shall be observed " on ours."
Sassoonan, by the said Interpreters, answered the Governor in Words to this Effect :
That he understands very well what has now been spoken to him,
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and that he came hither on purpose to hear what the Governor had to say.
That when he Killed his Cousin he lamented and grieved sorely for it & refused any Nourishment, but that on the Receipt of the Letter that was wrote to him from hence, he has come hither & taken Food to keep himself alive, & it gives him great Comfort to hear now, from the Mouth of his Brother, the Words that have been spoke.
That he is very sorry for his two Cousins, (Opekasset & Shacka- tawlin) who are dead; notwithstanding which, he says that he will still hold fast by that wch is good & not depart from it : And that he is glad that Shekellamy, who is of the five Nations, is now present & hears what is said, for that they, the five Nations, all his People and the English are as one.
That it is very true the Indians have made frequent Complaints of Rum being brought amongst them in Large Quantities, & that they themselves have too great a liking for it; But that of late very large Quantities are carried every where amongst them ; that many Horse- loads of it pass by his Door, & it all comes from Philadelphia, and that he cannot understand why such Quantities should be sent up
Sassoonan being then asked whether it was not his Desire that an entire Stop should be putt to the sending up of Rum amongst the Indians, Answered ; That there was lately a great Council of the five Nations & Mohocks, where he understands it was agreed that the white People should not be suffered to bring any Rum amongst them, & that if an Indian wanted any he should goe to the white People and bring it himself. That there is not so much Danger to be apprehended from the Quantities that the Indians themselves may bring in this manner, as from the great quantities that are brought amongst them by the white People, and his Desire is that no Rum should be suffered to be carried amongst them by the English, but that if any Indians want it, they should come to Philadelphia for it.
That he looks upon all the English & the Indians to be as one People, closely united & joyned together, & 'tis to be feared by means of Rum Quarrels may happen between them & Murther ensue, which may tend to dissolve that Union & loosen the Tye between both.
The Governor then told Sassoonan that he was well pleased with his Answer, and presenting two Strouds & a Blankett, gave them as a Confirmation of the Words he had spoke to them in behalf of the Publick, and acquainted them that tomorrow they would be discours- ed with about other Affairs.
AUGUST 13th.
SASSOONAN having this day mett the Governr. and Trustees, to discourse about the Indian Lands, after that Affair was over, He de- sired to add something to what he had said yesterday concerning Rum and the carrying of it into the Woods, vizt :
That the Indians do not desire that Rum should be entirely stopt
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& that none at all should be brought to them; they would have some but not much, & desire none may be brought but by sober good men, who will take a Dram with them to refresh them & not so much as to hurt them. The Governor knows there are ill People amongst the Christians as well as amongst them; that what Mischief is done he believes is mostly owing to Rum, & it should be prevented.
He desires that no Christian should carry any Rum to Shamokin where he lives, to sell; when they want any they will send for it themselves; they would not be wholly deprived of it, but they would not have it brought by the Christians.
He desires four Men may be allowed to carry some Rum to Alle- gheney, to refresh the Indians when they return from hunting, and that none else be admitted to carry any. They also desire that some Rum may be lodged at Tulpyhockin & Pextan, to be sold to them, that their Women may not have too long a way to fetch it.
At a Council held at Philadia., August 16th, 1731.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lt. Governr. James Logan, Clement Plumsted, 1 Isaac Norris, Samuel Preston,
Thomas Laurence. Esq'rs.
The preceding Minute of what passed between the Governor & Sassoonan being read & approved, The Governor acquainted the Board that there being then but few Members of Council present, he had delayed reporting to the Board the Answers he had receiv- ed from the House of Representatives to the Messages agreed on the 4th currt., the Minute of which Council was likewise read & ap- proved.
His Honour then proceeded to report,
That to the Message touching the Application of the Sugar Islands, he had received the House's Answer in the following Words :
" To the Honble Patrick Gordon, Esqr., Governor of the " Province of Pennsylvania & Counties of Newcastle, Kent & Sus- " sex, upon Delaware :
" May it please the Governor :
" We are heartily concerned that the Account of the Application " of the Barbadians to the Parliament of Great Britain, for an Act " to restrain the Trade of the British Northern Colonies, came so " late that the Representatives of the Freemen of Pensylvania had " not the Opportunity to represent the great Injury such an Act " would be to His Majesty's Subjects inhabiting this Province, and " how much they must suffer by such a Restraint
" But as this Misfortune was in a great measure supplied by the " vigorous & seasonable Application of the Honble Proprietary " Family, We can do no less than acknowledge ourselves deeply " engaged to them, for their kind & generous Interposition in our " behalf. The Governour may be assured we shall readily defray
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" the necessary Charges expended in that Sollicitation, and apply " ourselves to furnish our Agent with such Information & Instruction "as we hope may be of weight when the Merits of the Bill comes " to be debated before the Noble Lords of the Upper House of Par- " liament.
" Signed by Order of the House, " A. HAMILTON, Speaker."
Whereupon he had thought proper to lay before the House the Accounts of Charges expended in the Sollicitation of this Affair, amounting to £128 " "Str. with a Message in these Words :
" Gentlemen :
" The Concern you express for the true Interest of your Country " by your Message of yesterday, in answer to mine of the day before, " cannot fail of being equally acceptable to all the good People of " this Province in general, as it is to me in particular. And as the " Sollicitations in Opposition to the Attempt of the Sugar Islands, " have been attended (as in all such Cases is usual) with a necessary " Charge, I herewith send the Agent's Account of money expended "in that Affair, & must recommend it to you to make Provision for " his Re-imbursement, & likewise to consider whether the Allowance " you have established for him is not by much too small when com- " pared with that of other Colonies, whose Business cannot occasion " a greater Application & Fatigue than ours must necessarily do, " And I perswade myself your House will the readier agree to this "when 'tis considered that this Gentleman has Several other Affairs " now under his Management at home, which are likewise of very " great Importance to the whole Province."
Augt. 6th, 1731.
That he had likewise received the House's Answer to the Message on Indian Affairs, in these Words :
" To the Honble Patrick Gordon, Esqr., Governor of the Province " of Pensylva.
" The Answer of the House of Representatives to the Governor's " Message of the fifth instant :
" May it please the Governor :
" Upon Consideration of the Governor's Message & what was de- " livered to us verbally by his Secretary, we have resolved that it is " the opinion of this House that as a good Understanding hath at " all times, since the first settlement of this Province, subsisted be- " tween our Proprietary & his Deputy Governors & the Indians of " the five Nations, so every Opportunity ought to be embraced to "renew & maintain the same, & to putt them in mind that the Re- " presentatives of our late Honble Proprietary & the People of Pen- " sylvania, retain the same Goodwill and Friendship for the five Na- " tions which the Honourable William Penn always expressed to " them in his Lifetime. And this House will readily defray the " necessary Charges that shall attend a Treaty with those People.
" And it is also the Opinion of this House, that due Notice be " taken of our own Indians, some of whom as we are informed, " have of late been uneasy at the Christians settling upon some
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" Lands to which they pretend Claim. Wherefore we request the " Governor that he would be pleased to move the Proprietary Trus- " tees to purchase such Lands of the Indians, (wch we understand " they are desirous to sell,) and this We conceive would effectually "remove those Complaints, and cultivate a good Understanding " between us & them.
" We have duly considered the Laws of this Province now in " force against selling Rum to the Indians, & upon the whole are of " Opinion that unless the Indian Traders of our neighbouring Colo- " nies who daily traffick with our Indians, & supply them with any " Quantity of Rum they are desirous or able to purchase, could be " restrained from that Practice, all further Attempts to regulate our " own Indian Traders in this particular Article of Rum would prove "ineffectual.
" Signed by Order of the House, "A. HAMILTON, Speaker."
But conceiving it highly necessary that some further Regulation should be made in the Indian Trade, & to give some Satisfaction to the House as to the other Point contained in their Answer, he had sent down a further Message on this subject to the House in the fol-, lowing Words, vizt :
" Gentlemen :
" As it is of the highest Importance to us at this time, that we " should not only cultivate the same good Understanding with the " Five Nations of Indians that has hitherto subsisted between this. " Government & that People, but also that for the Reasons given in "my Message on this head, we should at this time Endeavour to "improve it further for our Security. I heartily thank you for your " enabling me by your last Answer to speak to them on these Sub- "jects in the Name of the whole People of this Province, and for " the Assurances you give me that your House will readily defray " the necessary Charges of the Treaty to be held with them. But. "as the nature of such a further Treaty will absolutely require a " greater Expense than such as have hitherto attended our usual. " Treaties with them in this Place, & that money should immediately " be advanced at the time it is carrying on, I hope you will give such " Orders to the Treasurer as that we may not be under any Exigency " on that head.
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