USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 64
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A Petition from these Criminals, humbly praying the Governor's Compassion towards them, by sparing their lives, was then read, & His Honour desiring the Sentiments of the Board on the Subject- The Chief Justice gave a Relation of what passed on their Trial, & of the Behaviour of each. Which being considered, the Board are of Opinion that Fitzgerald may be reprieved conditionally, that he leave the Country, or otherwise the Sentence to stand good against him ; but that O'Brian, who seemed to be more practised in such Crimes, should suffer the Sentence of the Law.
Upon the Chief Justice's Application to the Governor, O'Brian was reprieved, as well as Fitzgerald, & both sent out of the Coun- try. E.
At a Council held Philadia., May 6th, 1735.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Clement Plumsted,
Henry Brooke, Thomas Laurence. Esquires.
The Minute of the preceeding Council being read & approved.
The Governor acquainting the Board that having some time since received information of a great Outrage committed on an Inhabitant of this Province, living on the Borders, by one William Rumsey, a Surveyor of Maryland, & of very frequent Breaches of the Peace in those parts by him & his Associates, His Honour had issued a War- rant directed to the Sherifs of the Counties of Chester & Lancaster, & of the several Counties below, for apprehending the said Rumsey, if he should come into any of their Bailywicks, that he might be legally prosecuted for his said Offences & Breaches of His Majesty's Peace; that in pursuance of the said Warrant, Rumsey had been lately apprehended by the Sherif of Newcastle County, & was yes-
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terday brought up hither in Custody, and that his Honour, judging it most proper that Rumsey should be acquainted with the Nature of the Offences he stands charged with in the presence of the Coun- cil, had therefore called as many of the Members together as could conveniently be had.
Mr. Rumsey, in Custody of the Sherif of Philadia., being called in, and the Governor beginning to acquaint him with the Reason of his being apprehended, Mr. Rumsey humbly desired that Samuel Chew, Practitioner in Physick, who was attending without, might have leave to come in & hear what should be objected to him, the said Rumsey, for that having prevailed with Mr. Chew to be his Bail, if the Offence was bailable, it would be satisfactory to such as would come under Engagements for him, to be well informed of the Charge brought against him, Which being allowed, Mr. Chew was called in. The Governor then proceeded to inform Mr. Rumsey that repeated Complaints had been made of great Abuses & Violences committed by him & others at his Instigation, on several Inhabitants of this Province, living on the Borders of Chester & Lancaster Counties, for no other Reason, that could be learnt, than that those Persons asserted the Jurisdiction of this Province, in those parts where they live; & their Title to their Lands, derived to them under this Gov- ernment ; that particularly he, the said Rumsey, endeavouring to dis- possess one Edward Murphy of his Plantation on the North side of Peters Creek in the County of Lancaster, where he had been peace- ably seated for several years, had caused his fences to be sett on fire, & the said Murphy, who imagining the fire to be accidental, had come out of his house to save them, to be sett upon by armed Peo- ple, & carried by force to the Goal of Cocil County, where Actions & Indictments were carried on against him, to his grevious Oppres- sion, & almost Ruin, all which is more at large to sett forth in an Information which was ordered to be read.
The Governor then observed how very unneighbourly, nay cruel, such Proceedings were, & especially betwixt the Subjects of the same Crown, to whom both Provinces are equally accountable for their Conduct ; that some of these being carried on even while the Execu- tion of the Solemn Agreement concluded between the Proprietarics of each for accommodating all Differences touching their respective Boundaries was under the Consideration of the Commissioners ap- pointed for executing it, could not but appear still more astonishing, & lastly, that this Government had been so far from pursuing such violent measures as of late had been countenanced by that of Mary- land, few or no Instances could be adduced to show that any Inhabi- tants of that Province had suffered in their Persons or Possessions, by any Attempts of the kind on our side. This was more largely spoke to by Mr. Logan, who recounted several Instances of the Le- nity of this Government, towards some notorious Disturbers of the Peace, Inhabitants as they call themselves, of Maryland, who had been apprehended in this Province for Outrages & violences commit- ted in it.
Mr. Rumsey denied the Charge of burning the fences & assaulting
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Murphy, but acknowledged that he brought an action of Waste against him, for cutting down Timber on that Plantation, which he the said Rumsey, claimed, & does still claim as belonging to him by a Right under Maryland, prior to that of Murphy's under Pennsylva- nia. That he gave the Process of Court to the Sheriff to serve & left it to him to execute in such manner as he should think most proper.
Mr. Rumsey, with the Sherif & Mr. Chew, being directed to with- draw :
The Board having considered the matter, are of Opinion that Mr. Rumsey be sent in Custody into the County of Lancaster where the Breach of the Peace was committed, there to answer the same at the ensuing Court of General Quarter Sessions, unless Bail be given here before one of the Justices of the Supreme Court, for his Appearance at the Quarter Sessions in Lancaster.
E.
At the Courthouse of Philadia., May 29th, 1735.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. With several of the Magistrates.
Fifty four Palatines and Switzers, who with their Families, mak- ing in all one hundred Seventy Six Persons, were imported here in the Ship Mercury, of London, William Wilson, Master, from Rotter- dam, but last from Cowes, as by Clearance from thence, were this day qualified as usual, and their Names are hereunto sub- joined :
Conrad Wuertz,
Jacob Tenzler,
Abraham Weidman,
Johan Ulrich Ahner,
Rudolph Weidman,
Johannes Weiss,
Hans Jacob Ratgal,
Baltzar Bassert,
Jacob Boshart,
Henry Merck,
Jacob Schenckel,
Hans Meyer,
Hendrich Huber,
Caspar Netzly,
Jacob Naaff,
Caspar Schweitser,
Henry Oswald, Jacob Frey,
Hans Uhlrig Amman,
Jacob Meyer,
Rudolph Aberley,
Jacob Pertshinger,
Jacob Wyst, Rudolph Egg,
Henry Bruner, Hans Kiebur,
Rudolph Walter,
Jacob Weidman,
Jacob Conrad Naaff,
Jacob Schmit,
Conrad Meyer, Jacob Naaff,
Caspar Tutt,
Caspar Pleuler, Jacob Minger,
Abraham Wekerley,
Hans Conrad Koller, Conrad Naaff, Jacob Madter, Hans Muller, Hans Ott, Johannes Heit, Hendrich Schuber,
Henry Surber,
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Martin Schelberger,
Jacob Maurer, Hendri Scheuchzer, Jacob Schelberger, Henry Moseke, E.
Conrad Rutzhi,
Christian Erhard Newmeiter, Johannes Molich,
Philip Klein,
Hendrich Forst.
At a Council held at Philadelphia, the 4th of June, 1735.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
Henry Brooke, Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esquires. Thomas Laurence,
Charles Read.
The Governor laid before the Board the following Address of the Mayor and Commonalty of this City, presented to him this day, and desired the Opinion of the Board touching the Request thereby made, & the said Address being read is as follows :
"To the Honourable Patrick Gordon, Esqr., Lieutenant Governor " of the Province of Pennsylvania, Counties of Newcastle, Kent and " Sussex, upon Delaware.
" The Humble Address of the Mayor and Commonalty of the City " of Philadelphia.
" May it please the Governor :
"We having certain Intelligence of the Lord Baltimore's Appli- " cation to the King, for a Confirmation or grant of the Lands com- "monly called the Territories of Pennsylvania, or the three Counties " of Newcastle, Kent and Sussex, on Delaware, as Lands within the " descriptive part of his Charter, And being truly sensible how " deeply the Interest of the Province in general, & of this City, & " the British Merchants trading hither in particular, must be affected, " should the Lord Baltimore succeed in obtaining a Grant for the " same ; We thought it our duty, in behalf of this City, to request " the Governor, that he would be pleased upon this extraordinary " occasion, to call together the General Assembly of this Province, " which stands Prorogued to the- -day of September next, & " to lay before them such Proceedings of the said Lord Baltimore, "in this Affair, as are come to his hands, that they may be the bet- " ter enabled to judge what is proper for them to do in an affair " which in its Event may so greatly affect not only the Inhabitants " of this Province, but all others with whom they have any Trade " or Commerce.
" THO. LAWRENCE, May'r."
The Board Conceiving the subject matter of the said Address to be of great Importance to this Province are unanimously of opinion that the Assembly should meet without loss of time ; Whereupon it is Ordered, that Writts be forthwith issued to the Sherifs of the res- pective Counties, Commanding them to summon the Representatives
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to meet in Assembly at Philadelphia, the sixteenth day of this In- stant, June. E.
At a Council held at Philadia., June 16th, 1735.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
Clement Plumsted,
Samuel Hasell,
Thomas Lawrence,
Charles Read. Esquires.
Ralph Assheton,
The Meeting of the Assembly of this Province being by the Writts issued in pursuance of the preceeding Minute, fixed to this day, the Governour laid before the Board a Draught of a Speech he intended to make to the house, with Copies of the Lord Baltimore's Petition to His Majesty, the Report thereon by the Lords Commis- sioners for Trade and Plantations, to whom it was referred, Copies of the Petition of Richard Penn, Esqr., one of our Honourable Pro- prietaries, in behalf of himself and his elder Brother, how here, and of the Petition of sundry of the People called Quakers, and their Case. All which being read, the said Speech was approved of, and the sundry papers produced were thought proper to be laid before the House.
At a Council held at Philadia., June 17th, 1735.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. Samuel Preston, Ralph Asheton,
Thomas Laurence, Charles Read.
Esq'rs.
The House of Representatives being sent for, attended with their Speaker, to whom the Governor made a Speech, which yesterday had been read and approved at this Board, and is in these Words :
" Mr. Speaker & Gentlemen :
" It gives me no small concern that I should be obliged to call you " together at a Season of the year when your domestic Affairs so " very ill admitt of your absence from home.
" But the late Accounts from England, of an unexpected applica- " tion made to his Majesty by the Lord Proprietor of Maryland, for " obtaining a Grant or Confirmation of the three lower Counties on " Delaware, as Lands within the descriptive part of his Charter, have " so greatly alarmed all those in this Province, who have duly "weighed & considered the unhappy consequences of disuniting from " Pennsylvania those whom the same form of Government, adminis- " tered under the same Proprietaries & Governor, and a similitude of " Interests & Inclinations, have for many years past closely united, " that an unanimous Address from the Mayor & Commonalty of this "City hath been presented to me, requesting that the Representatives
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" of the people might be conven'd as soon as possible, to consider of " measures as may be most proper to be taken on this emergency, "as well for the Interest of the Province in general, as that of the " City of Philadelphia, with respect to its Trade in particular. From " my own sincere regard therefore to the Welfare of this Province, " which Duty & Affection equally lead me to consult & promote, & " in Complyance with the desire of so considerable a Body as have "addressed me on this Occasion, I now meet you; and as it is un- " necessary for me to mention any of the Disadvantages & Inconve- " niences, that would attend the success of so extraordinary an Ap- " plication to his Majesty, since they are too many, & lie too obvi- " ous to escape the observation of any thinking Person, I shall only "lay before you such papers relating to this affair, & the progress " yet made in it, as are come to my hands, and leave the whole to " be considered of by you in such manner as best suits the Impor- "tance of the subject, aud the real interest and Prosperity of Penn- " sylvania."
With a Copy of which Speech the several Papers mentioned in the preceeding Minute being delivered to the Speaker, the House withdrew.
E.
18th.
The following Address was this day sent up from the House :
" To the Honble Patrick Gordon, Esqr., Lieutenant Governor of " the Province of Pennsylvania, and of the Counties of Newcastle, " Kent and Sussex, on Delaware.
" The Humble Address of the Representatives of the Freemen of " the said Province, in General Assembly mett.
" May it please the Governor :
" The Regard & Affection the Governour has express'd for the " Welfare of this Province, leave us no room to doubt the sincerity " of his intentions, and though the season of the year and our domes- " tic Affairs but ill admitt of the absence of many of us from home, " yet the important occasion of our being called together, inclines " us cheerfully to forego any private
" ture when the Interest of the publick calls so loudly for our As- " sistance.
" The extraordinary attempt of the Lord Proprietor of Maryland " for the obtaining a Grant of the three Lower Counties on Delaware " and a part of this Province, after so many repeated determinations " of the Crown, so long Possession against him, and his own solemn " Agreement and Release, so lately made, is indeed surprizing, and " should he succeed in that application, We conceive it would be at- " tended with Consequences truly unhappy to the Inhabitants of this " Province not only disuniting those whom the same form of Govern- " ment, administered under the same Proprietaries & Governors, and " a Similitude of Inclinations & Interests have closely united, but in " diminishing our Trade, depriving many of us of our Properties, and
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" destroying those Religious and Civil Liberties which were one of " the Chief Inducements to the first planting of this Colony. And " therefore it is that we are unanimously agreed to do every thing in "our power, consistent with the Duty & Loyalty We owe to our "Sovereign, which may best contribute to the preservation of the " Interest of the Province in General, & of the Trade of the City of " Philadelphia in particular.
" Signed by Order of the House. "A. HAMILTON, Speaker."
-
June 24th.
The Speaker with the House attending the Governor, the following private Bill, which had passed the House with his Honor's Concur- rence, was this day enacted into a Law, & the Great Seal ordered to be affixed thereunto, Entituled :
AN ACT for the more effectual vesting and Settling certain Lands in George McCall, pursuant to the Covenants and Agreements of all the parties having any interest in the same.
The House having prepared a petition to his Majesty, notified to the Governor their Adjournment to the 15th of September next.
E.
At the Courthouse of Philadia., June 28th, 1735.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieutenant Gov- ernor.
And some Gentlemen of the Magistracy :
Thirteen Palatines, who with their Families, making in all thirty nine persons, were imported here in the Brig Mary, of Philadelphia, James Marshall Master, from London, were this day qualified as usual, and their names are hereunto subjoyned :
Melchoir Scholtze,
Johannes Werchman,
Peter Schwaub,
Solomon Buckstool,
Henrich Werchman,
Henrich Boshart,
Wilhelm Gesel,
Nicholaus Botikofer,
Andreas Widmar,
Jacob Widmar,
Zacharias Friedrich,
Solomon Buckstool, junr.
Andreas Brinker, E.
-
July 29th.
Several Indians of Conestogoe and Sasquehannah, to the number of thirty in all, Men, Women & Children, coming to town on a friendly visit, and their Chiefs applying to the Proprietaries and Go- vernor to be heard in Council,
1
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A Council was held at Philadia, August 1st, 1735.
PRESENT :
The Honourable THOMAS PENN, Esqr., Proprietary.
The Lieutenant Governour, Samuel Preston, Clement Plumsted,
Charles Read.
Thomas Griffitts, 6 Esquires.
Ralph Assheton,
PRESENT, ALSO :
Tioquataraghse or Civility, Onichsulyiena, Garhagenerat, Canas- quagenerat, Tatiernughti, with several other Conestogoe Indians of less Note.
Ullaloes, Chief of the Ganawese, with Peyhiohinas, Joaasha, & some others of that Nation.
Gannauwantagerah, Wawiabiessanagh & others of the Shawanese. Conrad Weyser interpreter.
The Proprietor told the Indians that as soon as he heard of their Arrival he sent a Message to his Brother, at Pennsbury, acquainting him therewith, but that he is so much indisposed as not to be able to come down, & that the Council are now met to hear what they had to offer.
Civility, by the Interpreter, said :
That there are now present three different Nations of the Indians, to witt : the Conestogoes, Ganawese and Shawanese, who are come down to visit the Proprietors, and to renew with them the League & Chain of Friendship.
That when William Penn first came into this Country, he called many of the Indians together and told them that the Great King of England had given unto him a large Tract of Land, on which seve- ral Nations of Indians were settled ; that it was his desire to live in Peace & good Friendship with all those Indians, & therefore he would make Purchases from them of those Lands, before they should be possessed by the White People.
That the Indians told Willm. Penn he and they should live on those Lands like Brethren, in Love & Friendship ; whereupon Willm. Penn and the Indians entered into a League of Friendship together, whereby they became all as one People and one Nation, joyned to- gether so strongly that nothing should ever disunite them, but that they should continue one People for ever.
That if one Chief Article then agreed on between Willm. Penn & the Indians was, that if any Mischief or Hurt should befall either, they should assist one another, and constantly have their Eyes open to watch for each other's Safety, and their Ears open that if any News were brought from any Country that might give uneasiness to either, they should carefully inform each other of what they heard.
That it was further agreed between Willm. Penn and the Indians, that each should bear a share in the other's Misfortunes. That this Country, tho' it Might be filled with People of different Nations, yet Care should be taken that Justice should be done to every Person,
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and no Mischief happen without Satisfaction being given when it was necessary.
That Willm. Penn & the Indians agreed on other Articles, of all which two Papers were written ; one of them their Brother Willm. Penn had & the other they have brought with them, to show that they preserve all these things carefully. ..
That their Brother, Willm. Penn, told the Indians this Agreement was to continue for three Generations.
Then laying down three bundles of skins,
He said :
That they were now come hither to see Willm. Penn's Sons, to take them by the hand and renew with them the League of Friend- ship made with their Father. And to bind their Words, they now presented, in the Name of all the Conestogoe, Ganawese and Shawan- ese Indians, three bundles of Skins.
Civility laying down another small Bundle of skins, added :
That the Shawanese Indians, who live upon - River, lately Sent him a Present of Skins, which he now gives to the Proprieta- ries, to engage them to assist in composing any Differences that may arise between the Irish People, who are come into those parts, and these Indians, who intend to live & dye where they are now settled.
That he has now finished all he had to say.
The Proprietor told the Indians that he would speak to them on the Heads they had mentioned very soon ; & orders being given for their good Accommodation & Entertainment, they were at present dismissed.
E.
At a Council held at Philadia., August 2d, 1735.
PRESENT :
The Honble. THOMAS PENN, Esquire.
The Lieutenant Governor.
Samuel Preston,
Thomas Griffitts,
Ralph Assheton,
Charles Read.
Esquires.
And the Indians mentioned in the preceeding Minute.
The Proprietor spoke to the Indians by the Interpreter as follows : " Friends & Brethren :
" I told you yesterday, that on the first Notice I had of your " coming to town I had sent to my Brother, whom I had left at " Pennsbury, to desire his company here, & I am now truly sorry " that the Indisposition he labours under, which till it is over will " not suffer him to travel, must deprive him of the pleasure he would " have taken at your visit. You are sensible he is your Country- " man, being born in the same Land with you, and for this reason " he would have desired to see you ; but he has sent me a Letter by" " which I know his mind, and now since he cannot be present him- " self I shall give you both his & my own Sentiments, which I as- " sure you are exactly the same.
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" We need not now tell you, who formerly saw our Father Willm.' " Penn here, that he loved all the Indians as his own People & Chil- " dren, he shewed it in all his Actions and Conduct towards them ; " he made firm Leagues of friendship with all the Indians, and he " not only observed them strictly himself, but he gave it in charge " to us his children to do the same. And as we are the same with " our Father, so we are very well pleased to find by this visit, and " what you have said, that you are the very same you were when " he was here, and that you not only remember the Substance of " what then past, but also have kept one of the Instruments or Wri- " tings that he gave your Fathers under his hand.
" Now as you are come with that very good Design to renew & " strengthen those former Treaties, I doubt not but you will believe " with me that the most proper Method for this is to read over to " you here, since you cannot read yourselves, the principal of those " Writings that passed between our Father and you or your Father's, " when ours was last here, which are in these Words :
" We, Widaagh alias Orytyagh and Andaggy-junkquagh, Kings " or Sachemas of the Sasquehannah Indians, and of the River under " that Name, and Lands lying on both sides thereof, doe declare " That for and in Consideration of a parcel of English Goods unto " us given by our Friend & Brother William Penn, Proprietary and " Governor of Pennsylvania, and also in Consideration of the former " much greater Costs and Charges of the said William Penn hath "been at in treating about and purchasing the same, We doe hereby " Give, Grant and Confirm unto the said William Penn all the said " River Sasquehannah & all the Islands therein, and all the Lands " situate, lying and being upon both sides of the said River, and " next adjoyning to the same, extending to the utmost Confines of " the Lands which are or formerly were the Right of the People or " Nation called the Sasquehannah Indians, or by what name soever " they were called or known. And also all the Lakes, Rivers, " Rivulets, Fountains, Streams, Trees, Woods, Underwoods, Mines " Royal and other Mines, Minerals, Quarries, Hawkings, Huntings, " Fishings, and Fowlings, and other Royalties, Privileges and " Powers whatsoever, to them or any of them belonging, or by " them enjoyed as fully and amply in all Respects as we or any of " our Ancestors have, could, might or ought to have, had, held or " enjoyed. And also, all the Right, Title, Interest, Possession, " Claim and Demand, which we or any of us, or the said Nation, " or any in right of the same, have or hereafter can or may claim' "to have in the same. And we do hereby Ratify and Confirm unto " the said William Penn, the Bargain & Sale of the said Lands,' " made unto Coll. Thomas Dongan, now Earl of Limerick, & for- " merly Governor of New York, whose Deed of Sale to the said " Govr. Penn we have seen, TO HAVE & TO HOLD the said " River, Lands & Premises hereby granted and confirmed, with their " & every of their Rights, Members & Appurtenances, unto the said " Willm. Penn, his Heirs and Assigns, to the only proper Use and " Behoof of the said William Penn, his Heirs and Assigns, for ever.
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" In Witness whereof we have, for ourselves & Nation, hereunto sett " our Hands & Seals, the thirteenth day of September, 1700.
his " Widaagh M als Orytyagh, [L. s.]
mark.
his " Andaggy K junkquagh, [L. s.]
mark.
" Sealed and Delivered " In presence of
" Ewd. Antill, David Powell, James Logan."
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