USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 61
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" Thus having, on the part of the Government of Pennsylvania, " tho' in vain, us'd all Means in our power to be in some measure " relieved from those Injuries & Violences done to its Inhabitants, " & to procure the Concurrence of the Government of Maryland in " Measures to preserve the Peace between His Majesty's Subjects "inhabiting near the Borders of the two Governments, untill the " lines should be actually run by the Proprietors themselves, or till " His Majesty's pleasure shall be known therein, yet being perswa- " ded that such Proceedings by the Governt. of Maryland, which " is a dependant Government, as well as that of Pennsylvania, & " Equally accountable to His Majesty for its Conduct, are not only "contrary to that Faith & Duty we all owe to His said Majesty, but "even to the Laws of natural Equity, in taking upon them to judge " in their own Case, & by that means to determine the right of their "Neighbours, which manifestly tends to destroy that Peace which " ought to be preserved amongst His Majesty's Subjects, and to ren- " der the Rights of the Inhabitants of the said Province of Pennsyl- " vania & Counties aforesaid, as well as the safety of their Persons, " uncertain & precarious.
" It is therefore hoped that none who entertain any just Notions " of the Rights of Mankind, will blame the Government of Pennsyl- " vania, if they take proper Measures for Protecting his Majesty's "Subjects under their Jurisdiction, from the outrages so frequently " committed upon them by the People of Maryland, and by dutifull " Representation of their great patience under these publick Abuses, " implore His Majesty's most gracious Interposition. And if, in the " mean time, should the Government of Pennsylvania (whose princi- " ples are well known to be against all Force, & who next to His " Majesty's protection, have no means to defend themselves but the " Authority of the Civil Magistrate,) to be laid under a Necessity " for their own Safety, of doing what may be deemed unneighbourly, " or to give trouble or uneasiness to His Majesty's Subjects pretend- " ing themselves to be under the Government of Maryland. We do " declare that it will be entirely owing to your Excellency's not
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"joyning with us in some reasonable & Equitable Measures for pre- " serving the Peace amongst His Majesty's Subjects inhabiting near " the Borders of the two Governments, and the unreasonable Con- " finement and Prosecution of our Inhabitants, who were without all " Question taken by your Officers within our Government of Penn- "sylvania, & for that Reason, had they really been guilty of any " Offence, ought to have been discharged.
" We are, " Sir, "Your Excellency's " Most obedient humble Servants,
" A. HAMILTON, " JOHN GEORGES.
" Annapolis, "30th May, 1734." E.
" City of Annapolis, in the Province of Maryland, May 31st, " 1734.
" Then came before me James Holliday, Esquire, one of the "Judges of the Provincial Court of Maryland, John Georges of " Philadelphia, Gent., and Andrew Hamilton, of the said City, "Junior, (being now at Annapolis, aforesaid,) and being sworn on " the Holy Evangelists of Almighty God, did severally declare, And " the said John Georges doth declare, that he delivered this Day to "his Excellency Samuel Ogle, Esqr., Governor of Maryland, the " Original of the within Paper, signed Andrew Hamilton & John "Georges ; and the said Andrew Hamilton, Junr., doth say, that he " wrote the Original of which the within is a true Copy, and was " present and saw John Georges deliver the said Original Paper to " the said Samuel Ogle, Esquire, at his own House, at Annapolis, " the day and year abovesd. And further they say not. Sworn " this 31st. day of May, Anno Dom. 1734, before me.
"JA. HOLLYDAY."
E.
At a Council held at Philadelphia, July 31st, 1734.
PRESENT :
The Honourable PATRICK GORDON, Esquire, Lieutenant Gover- nor.
James Logan,
Samuel Hasell, Charles Read. } Esquires.
Samuel Preston,
Clement Plumsted,
The Minute of the preceeding Council being read and approved :
The Consideration of what the Governor had then laid before the Board touching the Popish Chappell, was resumed, & the Charter of Privileges with the Law of this Province concerning Liberty, being
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MINUTES OF THE
read, & likewise the Statute of the 11th & 12th of King William the 3d Chap. 4th, It was questioned whether the said Statute, not- withstanding the general Words in it "all others His Majesty's Do- minions," did extend to the Plantations in America, & admitting it did, whether any Prosecution could be carried on here by virtue thereof, while the aforesaid Law of this Province, pass'd so long since as the 4th year of Her late Majesty Queen Anne, which is about five years posterior to the said Statute, stands unrepealed .- And under this Difficulty of concluding on any thing certain in the present case, it is left to the Governor, if he thinks fitt, to represent the matter to our Superiors at home, for their Advice and Directions in it.
The Governor then laid before the Board a Letter he lately re- ceived from the Governor of Virginia, which being read is in these Words :
" Dear Sir :
" Virginia, July 13, 1733.
" It is with great Concern that I find myself obliged to write to " you on a Subject disagreeable to us both. In April last, a strag- " ling Party of Indians passing thro' our Frontiers, came to a House " in Spotsilvania County, where finding only a Poor Man and his " Wife, they Murdered and Scalped them both. It was some time " before it was known who the Murderers were, but I have now cer- " tain Information that they were of that Nation called the Conay " Indians, who live in your Government, for so they acknowledged " to several of the Inhabitants on the back of our Mountains, to " whom they owned the Fact, and shewed the Scalps. Now my " worthy Friend, what I have to request of you is, that you will " take such Measures as you judge most effectual for bringing these " Villains to Punishment, and if their Nation can be induced to de- " liver them up to this Government, I shall be very ready to give " them an handsome Reward, which I entreat you will be pleased " to promise them, in my Name, and withal to Caution them for the " Future from coming among our Inhabitants without your Pass- " port, without which they will be treated as Enemies, according to " the Terms of our Treaty with the six Nations, under whose Pro- " tection they pretend to shelter themselves.
" I rec'd your obliging Letter by Mr. Phinney, and if the Weather " was not in the hot extream, would say more than my humble ser- " vice to every Body, particularly to your A. General, who never " was suspected of a fault, tho' I own I am glad he thought he was, " for the sake of that elegant and polite Apology he made in a Letter " he was so kind to write.
" I am always,
" Your most affectionate and most faithfull humble servt. " WILL. GOOCH.
" For His Majesty's Service,
" To The Honourable The Governour of Pennsylvania."
Whereupon it was observed that this Murther, tho' said to be
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committed in April last, yet from many concurring Circumstances, may very probably be the same which was charged on that Nation of Indians about fourteen months since, & the Minutes of what passed between this Government & the Indians on that Subject being pro- duced & read, It is the Opinion of the Board, that Extracts of these should be sent to the Governor of Virginia, & that it should be En- quired whether the fact is so recent as April last, or whether it is not the same with that mentioned in these Minutes, and that in the mean time the Governor should take the most proper & prudent measures for discovering the guilty Persons, that they may be secured and brought to condign Punishment. E.
August 10th.
The Governor wrote a Letter to Mr. Gooch, of which the Copy follows :
" Dear Sir :
" I am heartily sorry for the occasion of your last Letter touching " the Murther committed by the Conay (or as we write them Gana- " wese) Indians, which I no sooner read, than from many concurring " Circumstances, I concluded it to be the same fact which had been " charged on them about fourteen months since. What pains this " Government took to Enquire into that matter, & how the Indians " acquitted themselves, you will see by the inclosed Extracts from " the Minutes of our Conferences with them on that subject, and as " no Complaint came from Virginia, what was said in their Justifi- " cation had.the greater Weight & more easily obtained Credit with " us. But the time differing from that mentioned in your Letter, to " witt : last April, which probably has been mistaken for April 1733, "I must beg you to satisfy me on this Point before I proceed farther "in the Affair. In the mean time I have dispatched orders to the " Magistrates living nearest to the settlements of those Indians to " goe amongst them, & without causing Suspicion or alarming them, " to make such proper Enquiries as may facilitate the Execution of " those Measures I shall take for bringing the Offenders to Punish- " ment, & you may be assured that nothing in my Power, for this "End, shall be wanting.
" I beg mine & my family's Compliments may be made to my " good friends with you, & I am very truly, " Sr,
" Your most affectionate and oblig'd humble Servant,
" For His Majesty's Service, "To the Honble William Gooch, Esqr , " Governor of Virginia." E.
"P. GORDON.
17th. A Bill having been last night sent up to the Governor from the House Entituled :
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AN ACT the more effectually to prevent the erecting of Wears, Damms, &c., within the River Schuylkill :
A Council was summoned to meet this forenoon to consider the same; but none of the Members attending, except Clement Plumsted & Thomas Laurence, Esqrs., The Governor with. these Gentlemen went thro' the said Bill, which being agreed to was ordered to be sent down to the House.
In the afternoon of the same day :
The House sent by two Members a Representation to the Gover- nor, which with his Answer thereto is as follows :
" To the Honourable Patrick Gordon, Esqr., Lieutenant Governor " of the Province of Pennsylvania, &c.
" The Representatives of the said Province, in General Assembly " met,
" Humbly Shew :
" When we consider that the People of the Province of Pennsyl- " vania have, from its first settlement, by their peaceable Behaviour, " (agreeable to the Principles they profess,) maintained in general, a " good Understanding with all their Neighbours, It is with great " Concern we find ourselves obliged at this time, to represent to the " Governor the Hardships which many of our peaceable Inhabitants "living near the Borders of Maryland have suffered from that Go- " vernment, on Pretence only as far as we can be informed, of deny- "ing their being Subject to the Authority of the Proprietor of Ma- "ryland. Tho' we have been greatly disappointed in the reasonable " Hopes we had that all Disputes about the Bounds of the Pro- " vinces of Pennsylvania and Maryland should, e'er this Time, have " been at an End, yet we hope the People who have settled and im- " proved Lands under the Grants of the Proprietor of Pennsylvania, " and within the constant reputed Bounds of this Province, and who " have never owned any other Authority but the Government of " Pennsylva. ought to be protected in the Possession of their Free- " holds, until it shall appear by some legal Decision or Determination " that they are subject to some other Authority ; And as this Pro- " vince owns no other Force but the lawful Power of the Civil Ma- " gistrate,
" We humbly request that the Governor will be pleased to give "Directions to the Magistrates and other Officers of this Govern- "ment, that they will exert themselves in the protection of the Peo- " ple of this Province, by a diligent Execution of the Laws against " Riots and Tumults, and for the Preservation of the Peace within " their respective Jurisdictions.
" Sign'd p. Order of the House, "JER. LANGHORNE, Speaker."
The Governor's Answer.
" Gentlemen :
" I observe with pleasure the concern of your House for the Peace
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" & Security of the good People whom you Represent, and you may " be assured I will enforce as far as in me lies, the due Execution of " the Laws, by giving special Directions herein to the Magistrates & " Officers within my Government.
" The Speaker and the whole House waited on the Governour, & " presenting the aforesaid Bill to prevent the erecting of Wears, " Damms, &c., the same was passed into a Law of this Province, & " the Great Seal was ordered to be affixed thereto."
The Speaker then delivered to the Governour an order on the Trustees of the General Loan Office for Four hundred pounds, the Remainder of the Support for this year. His Honour having thank'd the House for the same they withdrew. E.
August 19th.
Upon the foregoing Representation of the Assembly, the Governor was pleased to write Letters of this day's date to the Justices of the Counties of Chester, Lancaster, and of Newcastle, Kent and Sussex, on Delaware, in these words :
" Gentlemen :
" You are not, I believe, unsensible how much the whole Country " has been disappoint'd in the just hopes which had been entertained " of seeing a final period put to those long depending Disputes be- " tween this Government & that of Maryland, touching their respec- " tive boundaries, by the Execution of the Solemn Agreement con- " cluded between the Proprietaries of each. It is however no small " Satisfaction to me, that I can now acquaint you that this Agree- " ment, with the Proceedings of the Commissioners thereon, having " been laid before his Majesty's Attorney & Solicitor General, we " have had the pleasure of lately receiving their Opinion, that the " Agreement still remains valid and binding on both Proprietaries, " altho' their Commissioners, by Reason of Difference in Sentiments, " have not carried it into execution. Now as the Northern bounds, " formerly sett by the Lord Baltimore to himself differ not much " from those lately agreed upon, I know not how we can judge " better or with more certainty, of any bounds by which we can limit " our present jurisdiction, than near the place where it is known they " will fall when the lines shall be actually run.
" In the mean time that a stop may be put to any further Insults " on the People of this Government, and to Incroachments on Lands " within the bounds of the same, I am again to renew to you those " pressing Instances I have repeatedly made, that agreeable to the " Duty of your Stations, you exert your utmost Endeavours for pre- " serving Peace throughout your County, and protecting all the In- " habitants in their just and right Possessions, in the legal & neces- " sary defence of which every person ought to be encouraged to ap- " pear with Boldness, and to be assured of receiving all the Coun- " tenance that lawfull authority can give. And as the late Disturb- " ances have been in a great measure owing to the unjust Attempts
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" of those, who pretending Right to, or claiming disputed Lands, "under that pretence have come many miles into this Province, and " with force possessed themselves of Lands for which they can have " no lawfull Grant from any other persons but our Honourable Pro- " prietors only, and have likewise committed very great Violences " upon sundry of our inhabitants, You are to give strict Orders for " apprehending & securing all such who have been Principals or Ac- " cessaries therein, as well as those who hereafter shall presume to " offer any Injury to the persons or Professions of his Majesty's " peaceable subjects, or encroach on any Lands within the known & " reputed Limits of your County, that they may be brought to con- "dign punishment. But as in the year 1724, it was agreed " that " for avoiding all manner of Contention or Difference between the " Inhabitants of the two Provinces, no Person or Persons should " be disturbed or molested in their Possessions they then held on " either side," you are desired still to have a particular regard to " those entituled to the benefit of that Agreement, while they behave " themselves peaceably.
" And to the End that these directions be punctually observed and " complied with, you are to order the Sheriff of the County, with his " Officers, frequently to visit your Borders, and those parts where " either late Disturbances have happened, or any thing to the Pre- "judice of the People is like to be attempted, giving all needfull " Assistance wherever it may be requisite. I should likewise pro- " mise myself much good from some of your number making a Pro- " gress thro' these parts, when your Conveniency would admitt, or " any Exigency may require it, depending on your Prudence, that " whatever measures you shall take for the defence of the Inhabi- " tants, and for seizing and securing Offenders, will be such as that " we may be at no Loss whenever called upon to justify them.
" I am, " Gent., " Your Loving Friend, and humble Servt. "P. GORDON."
At the Courthouse of Philadelphia, September the 12th, 1734.
PRESENT :
- The Honourable the Lieutenant Governor.
The Mayor of the City and others of the Magistracy. i
Eighty nine Palatines who, with their Families, making in all two hundred sixty one Persons, were imported here in the Ship Saint Andrew, John Stedman, Master, from Rotterdam, but last from Ply- mouth, as by Clearance from thence, this day took and subscribed the Effect of the Government Oaths, and also the Declaration pre- scribed by the Order of Council of the 21st of September, 1727, and their Names are as follows :
Christopher Weigner, Melchior Heibner,
David Seibt, Christopher Seibt,
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PROVINCIAL COUNCIL.
George Heibner,
George Heydrich,
George Krieble,
Gergorius Sholtze, David Meschter,
George Jackell,
George Dreyher,
Christopher Shoebart,
Christopher Dreyher, junr.
Melchior Krieble, Senr.
Melchior Meschter, junr.
Caspar Krieble,
Baltzar Anders,
George Ander,
George Sholtze,
Baltzar Hoffman,
Melchior Sholtze,
Melchior Krieble, junr.
Christopher Sholtze,
Abraham Jackell,
Caspar John,
George Hoffman, Senr.
Friedrich Scheps,
Baltzar Hoffman, junr.
H. Lutwigh Urdans,
George Rinnald,
Barnhard Steinbach,
Hans Weigner,
Christopher Paus,
George Weigner, Melchior Weigner, Baltzar Jackell,
George Bansch, Hans Hubner,
David Shoebart,
Caspar Jackell,
Wilhelm Pott,
Jeremias Jackell,
Degenhart Pott,
Christopher Jackell,
Wilhelmus Witzen,
Gregorius Meisther,
Johannes Van Dulike,
Christopher Reinwalt, Hans Henrich Jackell, George Mentzell,
Jacob Hendrich Rieger,
Melchior Mentzell,
Melchior Newman,
Jacob Roomfult,
George Weys, Caspar Heydrich,
Nicholas Winder,
Baltzar Heydrich,
Jacob Wilhelm,
Christopher Newman,
Matthias Jackell,
Ulrich Spies, Peter Jager,
George Sholtze,
Caspar Storller,
Christopher Weigner,
George Meyer,
Christopher Jackell,
Peter Friedel,
George Anders, Conrad Frey,
Johannes Singer,
Valentine Dihl,
Matthias Marker, Hendrich Romfield, E.
Abraham Dihl.
-
Septemr. 21st.
On the News brought by Express from Newcastle, late in the night of. the 19th instant, that the Honourable John Penn, Esquire, the Eldest of our Proprietaries, was on Board a Ship from London, standing up this River, his Brother, accompanied with several Gen- tlemen, went early next Morning to Chester to receive him, where Mr. Penn landed in the afternoon, and setting out this morning for
Tobias Herttranft,
Peter Shoemaker,
Johan Yorg. Runtz,
Valentine Henrich,
Nicholas Dek,
Johannes Wilfang,
Baltzer Jackell,
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Philadelphia, was met on passing the River Schuylkill by the Mayor, Recorder and Commonalty of the City, in whose name the Recorder made a Congratulatory speech to Mr. Penn, which he answered in very obliging Terms, and then proceeding forwards, with a very numerous Company, came to his Brother's house about noon. E.
At the Courthouse of Philadelphia, September the 23d, 1734. PRESENT :
The Honourable the Lieutenant Governor.
The Mayor of the City, and others of the Magistracy.
Forty nine Palatines who, with their Families, making in all One hundred twenty seven Persons, were imported here in the Ship Hope, Daniel Reid, Master, from Rotterdam, but last from Cowes, as by Clearance from thence, were this day qualified as usual, whose Names are :
Jacob Bowman, Bernhart Richer,
Jacob Koser,
Hans Henrich Hoffman,
Johan Adam Schrof,
Hans Jacob Fishbach, Johan Wilhelm Graaf,
Johan Peter Gross,
Michael Geber,
Johan Hendrich Klakner, Peter Stam, August Henrich Kuntzman,
Christian Houser, Michael Fikel, Ulrich Buler,
1
Christopher Rabe, Johan Philip Dolt,
Johannes Rechter, Philip Esping, Christian Farnie,
Henrich Stoltz,
Zacharias Albach, Simon Bevell,
Zacharias Slummerfeld, Johan Wilhelm Ohlbach, Johannes Yung, Jost Shmith, Johan Peter Shmith, Johannes Noche,
Johan Henrich Weshbach,
Johan Henrich Otter,
Johan George Antony Miller,
Johan Andreas Miller,
Antony Nobel,
Antony Nobel, junr.
Johan Albert Langerfeldt,
Gotfried Schierwager,
Christian Otto Schultz,
Cornelis Paraet.
September 25th, 1734.
Several Indians of the Nation of the Oneidas coming to town, on a visit to the Proprietary and Governor, signified to the former that
Johan Henrich Otterbach, Johan Herbert Weber, George Lubchen, Johannes Peter Apgardt, Simon Kirbach, Johan Arnolt Reish, E.
Johannes Keyser, Jorg. Heynsman, Johannes Heynsman,
Johan Henrich Swissman,
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PROVINCIAL COUNCIL.
they had somewhat to say, but were desirous first to see their friend and Brother, Captain Civility, whom they desired might be sent for from Conestogoe, and he, with some other Indians from thence, coming to town, an appointment was made for hearing them ; but the Death of the Governor's Lady preventing it, and the Arrival of the Honourable John Penn, Esquire, afterwards occasion- ing some further delay, it was not till this day that they were heard, and
At a Council then held,
PRESENT :
The Honourable JOHN PENN and THOMAS PENN, Esqrs., Pro- prietarys.
The Lieutenant Governor.
James Logan, Ralph Assheton,
Isaac Norris,
Samuel Hasell,
Samuel Preston,
Thomas Griffitts, Esquires. - 3
Clement Plumsted,
Charles Read.
Before the Indians were admitted, the Governor addressing him- self to the Elder of the Proprietaries, expressed his great Satisfac- tion in seeing a Gentleman of Mr. Penn's Merit, and valuable Character, at the head of the Council of this Province, and made ample acknowledgements for the many Favours conferred on him- self by their Honble Family, whose Service & Interest he lay under the strongest Obligations to promote to the utmost of his Power.
Mr. Penn was pleased to answer the Governor in most obliging Terms, assuring. him of the great Regard their Family entertained for him, and of the just sense they had of the good service done them by his steddy & prudent Administration, since his Accession to the Government.
The Indians being then called in and seated, to witt : Lannhaason, Saristagoa, Anochsagandiah, Tiagonnearout, with nine others of the Nation of the Oneida's :
Sonachchregi, with six others of the Onandago Nation.
Captain Civility and some Conestogoe Indians :
And Ullaloes, a Chief of the Ganawese Indians :
Anthony Zadouski, Interpreter.
The Honourable John Penn, Esquire, told these Indians by the Interpreter, that it gave him very great Satisfaction to see, so soon after his coming into this Province, so many of his Brethren of the Six Nations, at Philadelphia.
That though his Father, their old Friend, is dead, yet they, his Sons, have the same friendship and love for all the Indians that he had, and that he had appointed this meeting to hear what they have to say.
SARISTAGOA, by the Interpreter, said :
That they are very glad to see the Proprietors, the Governor and the Council together ; that they have suffered a great Loss by the
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Death of many of their People, but it was the Will of God that it should be so: they know we were sorry for their Loss, and they thank us for our Good Will towards them ; that they look upon us as their friends & Brethren, and are desirous of preserving & con- tinuing the same good Understanding that has so long subsisted be- tween them and us.
That they are greatly indebted to us for the Regard we showed for their Nation, on the Loss that befell them, and for what was sent by this Government to cover their Dead ; that what we began they have finished ; it is now over, and they again thank us for our Kind- ness towards them.
Then presenting a bundle of drest Deer Skins, he added : That they and their Brethren had wept together on that sorrowfull Occa- sion.
That during the time of their affliction the Heavens seem'd heavy & overcast, but now the Sun shines out, they therefore desire all Grief may be done away, that our hearts may be easie, and we may smile together.
And hereupon was delivered a Belt of Wampum.
That they had but little to say and they have now finished it.
The Indians were told that so many of them coming together, it was believed they had something of Importance to deliver, they were therefore desired to proceed if they had any thing further to add.
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