USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 8
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At a Council held at Philadia., November the 7th, 1719.
PRESENT :
The Honorable WILLIAM KEITH, Esqr., Governor.
Jasper Yeates,
Robert Assheton,
Richard Hill,
Colonel John French,
Isaac Norris,
James Logan, Secretary.
Samuel Preston,
The Governour spoke as follows.
GENTLEMEN :
Having at this time some Orders from the Crown, and several other matters of Importance to lay before this Board, I am sorry to find myself under the ungrateful Necessity first to acquaint you, that this Board, as well as myself, have been so treacherously dealt with by a certain member of the Council, that I must be of the Opinion, neither the Interest of the Crown nor the Proprietary Rights can be prudently and effectually pursued while such Persons are admitted into our Councils ; And that every one present may fully perceive both the Justice and Impartiality of this Charge, I have here drawn up in Writing some particulars, which if the Gentleman thinks fit to deny, I am nevertheless confident they will be fairly proved against him. However that we may proceed regularly, and with all the moderation possible in such a Case, after the Accusation is read to you, and a Copy of it delivered to the Party; I am only to desire that He may be obliged to withdraw from attending the Council as a member of this Board, until by his Answer and a fair Hearing there- upon, He shall have Justified himself as to the Points wherewith he now stands charged.
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Gentlemen :
If my easie Temper was not so generally known as I believe it is, yet the continued Acts of Favour wherewith I have distinguished that Gentleman and his whole Family, ever since my Arrival here unto this day will, I hope, sufficiently convince even himself as well as others, that nothing less than my possitive and indispensible Duty to the Crown, Joined to a faithful Discharge of that Trust which I hold with regard to the Proprietary could have extorted any thing of this Nature from me.
Then was read by the Clerk a Paper delivered to him by the Go- vernour in the following words :
An Impeachment or Charge delivered by the Governour to the Council, against Robert Assheton, Esqr., a member of that Board.
1. That in several Cases of great Importance to the Peace of this Colony, where matters relating yr unto have been debated fully and freely in Council, the said Robert Assheton, contrary to his oath as a member of that Board, has frequently divulged and retailed the Debates and opinions there had and delivered, and by vain Attempts of that kind to colour his own particular Sentiments in Opposition to what has been resolved upon by a majority of the Council, has endeavoured to create Jealousies and misunderstand- ings in the minds of many of the good People of this Province, against the Just Powers and legal Administration of the Govern- ment.
2. That the said Robert Assheton being filled with unprovoked and most unjustifiable malice, did, by his Letters dated the latter End of August or the Beginning of September last, directed to his Excellency Wm. Penn, Esqr., and also by his Speeches delivered to the Bearer of those Letters, most falsely accuse and basely traduce the Governour and the majority of this Board. And the said Ro- bert Asshetons Expressions upon that Occasion were these, or to this Effect, Vizt : "That He (the Bearer) must particularly acquaint Mr. Penn who were his Friends and who not; That surely he. knew Governour Keith had not only refused to publish Mr. Penns Com- mission, but even had slighted it; That Governour Keiths Design was to out Mr. Penn and get the Government to himself ; But that He (the said Assheton) was Mr. Penns stiff Friend, and had stickl'd for him tho' to no Effect hitherto, because he had only one member of the Council to Join him ; That tho' the Bearer was a Stranger to Mr. Penn, yet being heartily recommended to his Favour by these Letters, He might freely take an opportunity over a Bottle to assure Mr. Penn that these things were unquestionably true "
Mr. Assheton pleaded his Innocency to the whole Charge, and having obtained time to prepare a particular Answer to every article thereof, and a Copy of the Charge being also delivered to him, He by the Governours order withdrew from the Board.
The Governour laid before the Board a Letter from Mr. Delafaye, Secretary to their Excellencys the Lords Justices Regents of Great Britain, &c., dated the 30th of July 1719, with a Report from the Right Honourable the Lords Commissioners of Trade & Plantacons
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to the said Lord Justices, dated the 21st of July, 1719, both which were read and ordered to be entered on the minutes of this Board, being in these words.
Whitehall, 30th July, 1719.
SIR,
Upon my reading to the Lords Justices your Letters to Mr. Secre- tary Craggs, giving an account of your having received a Commis- sion from the son of the late Mr. Penn, and of your proceedings thereupon, their Excellencys were pleased to refer the same to the Consideration of the Commissioners for Trade & Plantations, whose Report I laid this morning before their Excellencys ; which Report being approved of, I send you a Copy of it, and I am to signify to you their Excellencys Approbation of what you have done, and their Directions that you do as is proposed in the said Report, continue to act as Governour of Pensilvania under your former appointment, till the Proprietors and the Trustees shall have settled the Differences between them, or until further Signification of his Majestys or their Excellencys Pleasure.
I am, Sir, your most obedient humble servant,
CH. DELAFAYE.
Addressed to Wm. Keith, Esqr., Governour of Pensilvania.
To their Excellencys the Lords Justices.
(Copy.)
May it please your Excellencys :
In obedience to your Excellencys Commands, signified to us by Mr. Delafayes Letter of the 4th instant, We have considered what Mr. Keith, Deputy Governour of Pensilvania, writes concerning the late Mr. Penn's son, who pretends to assume the Powers of Go- vernmt. in that Province, together with the proceedings of the Council and the Address of the Assembly there, on Occasion of a new Com- mission sent by Mr. Penn to Mr. Keith for the Government of the said Province; whereupon We humbly represent to your Excellen- cys, That in our opinion Mr. Keith has done very well in declining to act under this new Commn. for the Reasons mentioned in the Papers referred to us, and likewise for another much stronger, which is, that by virtue of the Act of Parliament, passed in the 7th & 8th years of the Reign of his late majesty King William, entituled An Act for preventing Frauds and regulating Abuses in the Plantation Trade ; all Governours nominated and appointed by any Proprie- tors, who shall be entituled to make such nomination, are to be allowed and approved of by his Majesty, his heirs and Successors ; And tho' his Majesty has been pleased to approve the Nomination of the said Mr. Keith to the Government of that Province by the late Mr. Penn, We Conceive the Commission now granted by Mr. Penn, the son is a new nomination, and ought to have been laid before his Maty. for his royal Pleasure, and the said Governours Security re- new'd for observing the several Acts of Trade as usual in the like . Cases.
We think it our Duty upon this occasion to acquaint your Excel
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lencys, that We have been informed there was formerly an Agree- ment made between her late Majesty and Mr. Penn for this Province, and that Mr. Penn did receive part of the money in pursuance of the said agreement. We are not able to Judge how far it may suit with the present Condition of his majestys Affairs to complete this agree- ment, but we cannot help thinking, that all Occasions should be laid Hold on to recover at least the Dominion of all the Proprietary Co- lonies into the hands of the Crown; And in the mean time, As Mr. Keith has behaved himself very well there, He may be continued under his former Commission, till the present Proprietor and the Trustees shall have settled the Differences that are between them.
Which is most humbly submitted.
J. CHETWYND, CHARLES COOK, T. PELHAM, MARTIN BLADEN.
Whitehall, July 21, 1719.
Hereupon every member of the Board Spoke, and did with great Deference and Regard express their obedience to, and entire satis- faction with the orders and directions which their Excys. the Lords Justices had in their great Wisdom been pleased to signify to the Governour in the above Letter; Whereby They humbly conceived that all the Powers of Government which had been formerly at any time granted .unto, or held by the Governour were unquestionably confirmed unto him, and that without the least Incroachment upon or Prejudice under the Proprietary Rights granted by the royal Charter.
And whereas it may very much conduce to the satisfaction of his Majestys subjects in this Colony, and the general Peace and Tran- quility of the Government, that-a Proclamation be forthwith issued, publishing the aforesaid orders of their Excellencys the Lords Justi- ces, wherein it may also be proper to take notice of the Provision made by one Act of Assembly of this Province, made at Philadelphia in the 11th & 12th year of her late Majestys Reign, entituled An Act for the further securing the Administration of the Government, and by one other Act of the Assembly for the Counties of New Castle, Kent and Sussex upon Delaware, passed at New Castle in the 4th year of his present Majestys Reign, entituled An Act for the better Security of the People and Government of the Counties of New Castle, Kent & Sussex, in case of the Demise of the Proprietor for the time being, by which two several Acts, it is among other things enacted and provided; That in case the Governour in Chief of the said Province and Counties respectively shall happen to be re- moved by Death or otherwise, Then it shall and may be lawful for his Deputy or Lieutenant for the time being, to exercise all the Powers of Government as fully and amply as before, till further orders from the Crown or the Heirs of the Proprietary and Governour in Chief, which shall first happen; It is therefore ordered, that Proclamation
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of this kind be prepared by the Secretary, to be laid before the Board . at next meeting of Council. And then the Council adjourned.
At a Council held at Philadelphia, November the 9th, 1719. PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Jasper Yeates,
Anthony Palmer,
Richard Hill,
Jonathan Dickinson,
Isaac Norris,
Colonel John ffrench,
Samuel Preston, James Logan, Secretary.
Present also, David Lloyd, Esqr., Chief Justice, at the Governours Desire.
The Proclamacon ordered to be prepared at last Council was read, and with some amendmts. ordered to be engrossed, sealed, published and printed.
The Governour laid before the Board an order of the Privy Coun- cil of Great Britain, for repealing divers laws of this Province, which is as follows:
Locus Sigill
privat Concil.
At the Council Chamber, Whitehall, the 21st of July, 1719.
PRESENT :
Their Excellencys the Lord Justices.
Arch Bp. of Canterbury,
Lord Steward,
Lord Chancellor,
Duke of Roxburg,
Lord President,.
Mr. Secretary Craggs,
Earl of Sunderland,
Mr. Chancellor of the Dutchy,
Earl of Ilay,
General Wills.
Lord Privy Seal,
Upon reading this day at the Board a Representation from the Lords Commissioners of Trade and Plantations, dated the 8th of this instant, setting forth, their having had under Consideration several Acts passed in Pensilvania, entituled as follows, Viz :
Passed between 14th Octr. 2 An Act for amending divers Laws 1712, & 27 Mar. 1713. S herein mentioned.
Passed between 14th ) An Act of Privileges to a ffreeman.
An Act for impowering religious Societys Octr. 1714, & 28th (to buy, hold and enjoy lands, tenements, &c. May, 1715.
" An Act for establishing the Courts of Quarter Sessions in the Province.
" An Act for establishing the Several Courts of Common Pleas in this Province.
" An Act for erecting a Supreme or Provincial Court of Law and " Equity in this province.
" An Act for coroborating the circular Line between the Coun- " ties of Chester & New Castle.
" An Act for the Ease of such as Conscientiously scruple to take " the Solemn Affirmation formerly allowed in Great Brittain.
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" An Act for the better ascertaining the Practice of the Courts of " Judicature in this Province.
" An Act for laying a Duty on Wine, Rum, Brandy & Spirits, Cyder and Hopps, imported.
An Act for laying a Duty on Negroes imported into this pro- vince.
And the said Lords Commissioners having the Opinion of Mr. West, one of his majestys Council learned in the Law upon the same, do humbly present to said Acts as proper to be repealed. Their Excellencys the Lords Justices in Council taking the same into Consideration, are pleased, pursuant to the Powers reserved to his majesty in the Charter Propriety granted to William Penn, Esqr., to' declare their Disallowance of the said Acts; And according to their Excellencys Pleasure thereupon expressed, the said acts are hereby repealed and declared Void and of non effect. Whereof, the Deputy Governour, Council and Assembly of the said Province, and all others whom it may concern, are to take notice and govern themselves accordingly.
JAMES VERNON.
And Whereas the several Acts for constituting the Courts of Quarter Sessions, Courts of Common Pleas and Supreme or Provin- cial Courts, are by the aforesaid Order repealed, by which means, all the said Courts do fall; the Governour therefore proposes to the Board, to consider of the best method to prevent the Inconvenien- cies, that by a Discontinuance of the Courts and depending Process may ensue to the Country, Which being fully Considered and debated, it was the opinion of the Board, That the Governour should issue new Commissions to the Justices of the several Counties of the Pro- vince, authorizing & requiring them to hold Courts of Common Pleas on the same Days on which they should have held them by the Law lately repealed, and to take Cognizance of all the Causes depending in the last Courts; as also Commissions to the said Justices to hold Courts of Quarter Sessions, on the Days upon which they should re- spectively have been held by the repealed Law, proceeding therein according to the Course of the Common Law and the Law of this Province.
The Governour laid before the Board a Petition from one John Fraser, in the following words :
To the Honourable Wm. Keith, Esqr., Governour of the Province of Pensilvania, and the Counties of New Castle, Kent & Sussex, on Delaware, the Petition of John Fraser, late of London, mercht., humbly sheweth : That in the month of January, in the year of our Lord, 1716, being then in London, in Great Brittain, Nathl. Stallard, late of London, mercht., and Charles Pinkethman, late of London, mariner, being owner of a certain Sloop called the Nathaniel & Charles, did constitute and appoint the said John Fraser, Super Cargo of the said Sloop, in a Voyage, intended to be made to several places in America, and accordingly your Petitioner came on Board the said Sloop, and in her voyage expended divers Sums of money of his own for the ffitting & cquiping the said Sloop, with Provisions,
ยท
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Arms & Ammunitions necessary for her said Voyage; and your Petr. further Sheweth, that after the Departure of the said Sloop from the Island of Jamaica, the aforesaid Charles Pinkethman, Go- mander of the said Sloop died, and some of the Sloops company lay- ing hold on that occasion mutinied against Wm. Tempest, who suc- ceeded in the Command of the said Sloop and put him on shore, and afterwards went a pyrating in the said Sloop, and the said Pyrats differing amongst themselves, some of the mariners, in the absence of their Companions, who were gone on Board a vessel which they had then taken belonging to the Subjects of the King of Great Britain, set sail and arrived in this port of Philadelphia, in the month of July, where they delivered themselves in the year of our Lord, 1718, with the said Sloop, her Tackle, Ammunition, Arms & ffurniture, to your Honr. And your Petr., in the month of Novem- ber, in the year aforesaid, being then in the Island of Jamaica afore- said, and having Notice of the said Sloops being in this port of Phil- adelphia, did forthwith put in his claim to the said Sloop, with her appurtenances. And your Petr., being now arrived in this Province, & having viewed the said Sloop with what belongs to her, and find- ing the same of but very small value, He Humbly prays your Honr. will be pleased as soon as with Conveniency it may be done, to order the same to be delivered to him as Super Cargo afsd., for the use of the said Nathl. Stallard, as surviving owner of the said Sloop. And your Petr. shall always pray for your Health and prosperity.
JOHN FRASER.
And it appearing that the said John Frasers claim was made in due time by his letter to the Governour, dated from Jamaica-as well as by his orders to his Correspondt., George ffitzwater, mercht. of this City, who had waited upon the Governour in that behalf; the Board were of opinion, that the Governour might order the said Sloop and ffurniture to be delivered according to the prayer of the said Petition.
The Governour further acquainted the Board, that he had just now received a paper signed by Robt. Assheton, which he supposed the said Assheton intended as an Answer the particulars wherewt. the Govr. had charged him at the last Council ; and the same being read, it did not give that satisfaction which in this Case might reasonably have been expected; Wherefore, it was moved, that if the said Robert Assheton thought fit. to insist further upon his Justification before this Board, sometime must be given to summon and bring in the Evidences, and then a Day might be appointed in order to give the said Robert Assheton a ffurther Hearing, unto which the Gover- nour readily Condescended.
Colonel French having been sent, by advice of this Board to Go- nestogoe, in the month of June last, to treat with the Indians, and having at his Return reported the Effect of his Journey and Treaty to the Governour, but not to the Council, at which he has not been present since that time till the 7th instant, it is Judged convenient that the said Report should be now made to the Board, which is made accordingly in these words.
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On the 28th Day of June, 1719, Colonel ffrench Spoke to the In- dians, at Conestogoe, as follows. Friends & Brethren :
By the Seal to this Paper affixed, and by my old acqueintance & ffriendship with you, you will believe that I am a true man, and sent from your good ffriend and Brother, the Governour of Pensilvania, to let you know that he is well pleased and satisfied with the Letter He recv'd, by the care of our good ffriend John Cartledge, in the Beginning of this month, signed in behalf of you four Nations here met, in which Letter you declare severally your Intentions of Keep- ing his Words, and if any amongst you have done amiss, and de- parted from what was right and Good in keeping your Promises, to observe strictly Peace with all the Indians in ffriendship and League with the English, you have therein acknowledged your Errors and mistakes, and engaged to offend no more in that Nature or Case.
The Governor takes these assurances of your Good Behaviour very kindly, and now He & his Council have sent me on purpose to visit you .that I might further treat with you, and receive from you in the same manner, and as fully as if He and his Council (of which I am one) were all here, and present with you a renewal of these good Promises and Engagements which you, so well begun with our good friend John Cartledge, and that I might more fully and largely give him an account of your affairs and how matters go with you. I must therefore acquaint you from my Governour, that as you in your Treaty call yourselves his Children, He will always treat you as his sons, and that He has, ever since your Good friend Wm. Penn, (who is now dead) sent him amongst you endeavored by all means to keep you in Peace, and given you other Tokens of his Friendship that you might flourish and increase, that your old men might see their Children Grow up to their Comfort and Pleasure, and that the young men might bury their old Parents when they die, which is much better than to see your old People mourn for their young sons, who rashly and without Cause go to War and are killed in the prime of their years; And He now hopes that you are all fully convinced that Peace is better than War, which destroys you and will bring you to nothing; Your strong young People being first killed, the old Women and Children are left defenceless, who soon will become a Prey. And so all the nation perishes without leaving a name to Posterity.
This is a plain mark that He and We are your true Friends, for if we were not then We should encourage you to destroy one another. For Friends save People from Ruin and Destruction, but Enemies destroy them, And this will serve as a mark to know all People by who are your Enemies, either amongst you or else- where, if the want, or study to throw Strife and Dissention amongst you. These are a base and bad People, and ought to be rooted out from amongst you ; for Love and Friendship makes People multiply, but malice and strife ruins and destroys. Such should therefore be shut out, both from you and us, as disturbers of our Peace and Friendship which hath always continued.
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I am also to acquaint you, that when you have in a grave and Solemn manner renewed your last Treaty with me, on which mes- sage I now come, that our Governour will write to all the Gover- nours of the English, that the Indians within his Goverment are resolved to live peaceable and quietly, and for that Reason that they should give notice to all their Indians thereof, and that all the Friends to the English should be accounted as one People, and the Governour desires you will let him know of what Nation these In- dians were who gave you the late Disturbance, that they may espe- cially be ordered to do so no more.
I am also to acquaint you that 'tis the Governours Pleasure, that if any of the five Nations come amongst you to trade or hunt, that you receive them as Friends and Brothers ; but if they come amongst you either to perswade you to go to War or to go themselves, or in their return from it, that then you have nothing to do with them nor entertain them ; for he expects that none of his Friends will know any People but such as are peaceable, lest they bring you into a snare and you suffer hurt for their Faults.
The Governour expects and requires, that if any Prisoners by any means whatever fall into any of your hands that He be quickly ac- quainted with it, and that no person offer or take upon him to kill any Stranger Prisoner for it will not be suffered here. He has been much displeased at what happened, and was done by some amongst you last year in these parts, but it is now again a Friend upon their Promise and Engagement to do so no more, and will take no more Notice of it if they observe and fulfill their Words. It is indeed a shameful and a base thing to treat a Creature of their own Shape and kind worse and more barbarously than they would a Bear or Wolf, or the most wicked Creature upon Earth. It is not man-like to see a hundred or more People singing songs of Joy for the taking of a prisoner, but it is much worse to see them use all their Con- trivance of Torture and Pain to put that unfortunate Creature to Death after such a manner and was as other Nations, especially the English, never heard of; For if they in a Just war kill their Enemies it is like men in the Battle, and if they take them Pri- soners they use them well and kindly, untill their King gives orders to return them to their own Country. They take no pleasure to meanly burn, pinch or slash a poor man who cannot defend himself, it shows mean Spirits and want of true Courage so to do. For men of true Courage are always full of mercy. I am commanded to tell you, and I would have you remember it well, that no person what- ever offer after this time to put any man to Death by Torture here, for whoever does it must answer it to the Governour and Govern- ment at their peril. It is inconsistent with the ways of Nations ; it is a violent affront to our Government, and is Contrary to the Laws of the Great King who will not suffer it.
As our mutual and good Friendship has long Continued, So the Governour hopes, and the Govermt. also, that it will last from one Generation to another, as long as the Sun endures, and that we shall all be of one mind, one Heart, one Inclination, ready to help one
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another in all Just and good ways, by Charity, Compassion and mercy, Sticking Close and inviolably to all Treaties heretofore made, and most exactly to this now concluded, which he hopes will for ever last and remain to your good and Prosperity, which he and this Go- vernment heartily wish. And as it is expected that every Article of this Treaty be from the whole Hearts of all of you, So if amongst yourselves you know of any who have from your last Treaty or will dissent from this, Let them be known either by their own words or your Knowledge of them, For what I do is done with the whole Con- sent of our Governour, Council & People.
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