USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 11
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"Given in Council under the Great Seal of the said Province at Philadia., the twelfth day of October, 1736, and in the tenth year of the Reign of Our Sovereign Lord George the Second, by the Grace of God of Great Britain, France, & Ireland, King, Defender of the Faith, and so forth.
" By Order of the President & Council,
"JAMES LOGAN.
" ROBT. CHARLES, Secry."
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At a Council held at Philadia., October 13th, 1736.
PRESENT :
The Honble THOMAS PENN, Esqr., Proprietary. JAMES LOGAN, Esqr., President.
Samuel Preston, Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esqrs.
Thomas Laurence,
Thomas Griffitts,
The President laid before the Board a Draught of a concluding Speech to the Indians, which being read and approved, they were sent for, who being come & seated, the said speech was delivered to them by the Interpreter as follows :
" Our Brethren,
" Four years since, at a great Treaty held here with your Chiefs, we confirmed all our former Treaties with you, we brightened the Chain, kindled our Fire, to be kept always burning here for you, opened & cleared the path between your Coutry and Ours, & made ourselves & you one Body and one People.
" The Chiefs of all your Nations being met at your great Fire or Council in the Country of the Onondagoes, having heard of & con- sidered that Treaty, were so well pleased with it that it was agreed, as you have told us, that you who are the principal of all your Chiefs, should come down & visit us & more fully & absolutely confirm that Treaty, which you accordingly did a few days since at our great House in Town, in the presence & hearing of some thou- sands of our People, and it was done not only in behalf of us our- selves, & yourselves, but for our Children & Children's Children to all Generations, as long as the Sun, Moon, & Earth endure.
"Thus this Treaty, by which we are to become as one People & one Body, is in the strongest terms confirmed never to be changed, but to be kept in everlasting Remembrance.
" But besides what we have already concluded, we shall now, for the further brightning the same Chain, & that no Spot or Blemish may be fixt on it, speak to some particulars for your more full satis- faction.
" It has been agreed between us, that we should suffer no Injury to be done to one of your People more than to our own, nor without punishing the Offender in the same manner as if it had been done to one of our People; And you also engaged, on your parts, that you would give us the like satisfaction for every Injury done by your People to any of ours ; and whatever should happen of this kind it should make no other Difference than as if the Injury were done by one English or white Man to another, & so in the Case of an Indian. Now since you came hither, we have heard that a white Man, one of our People & one of yours, being both in Liquor,
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quarrelled at Allegheny ; that the Indian struck at the white Man with a Knife, & the white Man gave the Indian some blows on the head, of which he died in 4 or 5 days after; that the white Man got out of the way & hid, & when he heard the Man was Dead he ran away to the Southward, to Virginia. Who was first in the fault in this Matter, we know not, but we have now issued a Proclama- tion for apprehending the white Man, & proposed a Reward of ten pounds to any one who will Seize & Deliver him to some Magis- trate or Officer, that he may be putt in Prison & tried for his Life. If then it appears that he willfully killed the Man, he will be hanged by our Law ; if it was in Defence of his own Life, he is not to die for it; but after he is tried we shall acquaint you how the matter appeared. The first Account we had of it was in a Letter, which the Interpreter shall read, & acquaint you with it; but that story being told only on one side, we do not depend on it for the truth : And thus we shall act in all such cases, as Brethren always ought, whenever they unfortunately happen.
" We are very sensible Rum is the principal Occasion of these Disorders, & we heartily wish any means could be possibly found to prevent the Abuse of it. You have desired us, in your discourse with the Proprietor, to recall all our Traders from Ohio or Alle- gheny, & the branches of Sasquehannah. We desired at our Treaty four years agoe, that all our Indians, the Delawares, Shawanese, & others, should be recalled from Ohio, for we knew not then but there might be War with the French ; & you know the strength of a People consists in their being drawn close together, as into one Body, & not to be scattered. But we know not what you mean by recalling our Traders, for you are sensible the Indians cannot live without being supplied with our goods ; they must have Powder & Lead to hunt, & Cloaths to keep them warm, and if our People do not carry them, others will from Maryland, Virginia, Jerseys, or other places, and we are sure you do not desire that the Indians should trade with those People rather than with ours. The Traders of all Nations find the Indians are so universally fond of Rum, that they will not deal without it. We have made many Laws against carrying it; We have ordered the Indians to stave the Caggs of all that is brought amongst them, but the Woods have not streets like Philadelphia, the Paths in them are endless, & they cannot be stopt, so that it will be carried either from one Country or another; and on the other hand, the Indians are so very fond of the Liquor, even the best of them, that instead of taking it from those who bring it, & staving it, they take and drink it, which is both unjust in it self & does more mischief ; for the Traders, if they kept it, would hand it out by stealth, in small Quanties ; but the Indians, when they take it, drink it off by great quantities, so that no Method we can find will prevent the Indians having it, till they are so wise as to refrain it of themselves; and why are they not so wise? They show very good strong sense in other things, & why cannot they
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act like us ? All of us here, & all you see of any Credit in the Place, can every day have as much Rum of their own to drink as they please, and yet scarce one of us will take a Dram, at least not one Man will on any Account be Drunk; no, not if he were hired to it with great sums of money.
" And now to bind & confirm all these our Words, we have pro- vided for you the following Goods, which will be delivered to you to-morrow at the President's Lodgings, to witt :
One hundred pounds of Powder, Thirty-one yards & } of half One hundred & fifty pounds of thicks, Lead, Twenty-five Hatchetts,
Twelve strowds Matchcoats,
One hundred Knives,
Twelve Kettles,
Two hundred flints,
Twelve Blankets,
One dozen looking Glasses,
Twelve Duffells,
Three dozen of Scissars,
with some Tobacco, Pipes, Rum, & Sugar.
The Council rising, & the President with the Proprietor staying, the Indians entred into further Discourse, & said they had received a Message, with some Wampum, from the Governor of Maryland, informing them he had received a Letter from the King of England, ordering him to see that they should not be wronged of their Lands ; that he had understood this Government had wronged them, & if they would send some of their people to him, he would take care they should be righted; he would write to the Great King, who would give such Orders as that they should have justice done them. Being asked how they received that Message, they said the Man who brought it was here now with them ; they had the Wampum & would shew it to us; And they earnestly pressed that we would write to the Governors of Maryland & Virginia, to make them Sat- isfaction for the Lands belonging to them (the Indians), which the People of those Governments were possessed of, that had never been purchased of them ; that all the Lands on Sasquehannah & at Chanandowa were theirs, & they must be satisfied for them; that they had agreed with us for the Lands they now released to us, but they had never received any thing from the other Governments to the Southward for theirs.
They were told, that on their receiving the Present to-morrow, they should be answered on these Heads, & after being entertained by the Proprietor they withdrew.
October 14th.
The Honble the Proprietor, the President, with some of the Council met this forenoon, & the Indian Chiefs being come & seated,-
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Their Speaker, having some Parcels of Skins laid before him, rose and by the Interpreter said :-
That they were now to speak to the Proprietor & our People for the last time this Visit, that we had spoke to them last night & recapitulated the Heads of all that had been agreed between them & us, as the Fire, the Path, the Chain, that we are now become one People, with every other Article that had been mentioned between us, this they will remember on their parts through all Generations, & they desire that we may remember the same as long as the Earth endures.
That having now brightned the Chain, & confirmed all the Articles necessary for establishing perfect Friendship between them & us, & being thus become one People they must desire that we would be more reasonable in the sale of our Goods, which are much dearer (they say) from our Traders than from those of New York; that the Powder sold by the Traders of New York is generally found to be mixed with black Dust, so that the Bullet falls often short of the Mark thro' the Badness of the Powder; that if we would sell cheap we might thereby draw a great Trade to this Province, far beyond that of any others, which would be to our advantage.
And hereupon he laid down a Bundle Skins and said :-
That amongst them there is never any Victuals sold, the Indians give to each other freely what they can spare, but if they come amongst our People they can have none without paying. They admire we should take Money on this Score.
That having now finished & preparing to return home, as several of them are old Men, they request that we would help them on their Journey, by assisting them with Horses & some Carriages for their Goods; that as we have many Horses and Carriages they desire we would spare them some for their use, who are our Brethren.
And hereupon he laid down two Bundles of Skins.
Then proceeding he said :-
That they must desire us to write to the Governors of Virginia & Maryland, who are possessed of their Lands, without ever con- sidering the Indians for them, & request that we would take the Answer of those Governors, which next Spring some of their Nations will come to receive at the Fire kept for them in this place. That they intend to apply to the great King on the other side of the Water, & let Him know what they expect on this Head from His People.
That if Civility at Connestogoe should attempt to make a sale of any Lands to us or any of our neighbors they must lett us know that he hath no Power to do so, & if he does any thing of the kind they, the Indians, will utterly disown him.
That last night we told them the Woods were very dark, & that
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it was impossible to prevent Rum being carried to Allegheny; that if the case be thus we had better hinder any Persons from going thither at all, & confine our Traders to the River Sasquehannah & its Branches; for as several of the Indian Warriors pass by Alle- gheny, where so much Rum is constantly to be had, they cannot but be very apprehensive that some Mischief may happen. This Consideration often troubles them.
In answer to all which the Indians were thus told by the Inter- preter :
That as to all that had passed relating to the Chain, Road, & Fire, we have now firmly & fully established & confirmed all these Articles, to be kept in perpetual Remembrance by them & us, & by our Children & their Children to all Generations.
That as to the Dearness of Goods carried amongst them the Gov- ernment here has no Concern in the Trade, it is entirely carried on by private People, those that go amongst the Indians purchase the Goods they carry with them at the easiest Rate, & we are told, that considering the Length of Way they carry them, they are sold so cheap that these Traders can be but small Gainers; but the prices of Goods are not under any Regulation, they get for them what they can.
That all the White People, tho' they live together as Brethren, have each, nevertheless, distinct Properties & Intrests, & none of us can demand from another Victuals or any thing of the kind without payment. One Man raises Corn & he sells it, Another raises Horses & he sells them, & thus every Man lives by his own Labour & Industry, & no one has a Right to take away from another what he thus earns for himself, & all Victuals cost money.
That proper care will be taken, as has formerly been done, to supply them with Horses & Carriages to make their Journey home as easy as possible.
That we would be glad to do them any Service with the neigh- bouring Governments, but we do not clearly understand this Matter. As to what is said of a Letter from the King of England we do not believe there is any Truth in that Report. We have indeed heard of a Letter sent up to Sasquehannah from the Governor of Mary- land. If he mentions anything in it of Orders from the King of England they should send some Persons to that Government to enquire into the Matter. As to the Claim they make on the Lands of Maryland & Virginia we know not how this is supported; the Lands on Sasquehannah, we believe, belong to the Six Nations by the Conquest of the Indians of that River; but how their Pre- tentions are made good to the Lands to the Southward we know not, & we ought to be better informed before we can write on this Head.
That we cannot prevent our Traders from going where they may
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best dispose of their Goods ; we shall take the most proper Measures in our Power to hinder their carrying Rum in such Quantities, & we hope the Indians will give strict Charge to their Warriours to be cautious & prudent, that all kind of Mischief may be prevented.
The Indians appearing satisfied with what had been spoke to them, said they had nothing further to offer. The present was then delivered to them, which they rece'd with great Thankfulness, those of each Nation alternately by themselves, & then all of them together, joyning in their usual solemn Sound when they express their Satisfaction. Having afterwards drank a friendly Glass, & taken leave of the Proprietor, President, & Council, they departed, and thus the Treaty ended.
At a Council held at Philadia., October 15th, 1736. PRESENT :
The Honble JAMES LOGAN, Esqr., President, Clement Plumsted,
Samuel Hasell,
Thomas Laurence,
Ralph Assheton,
Thomas Griffitts, Charles Reid,
Esquires.
The President acquainted the Board that this day about noon he received a verbal Message from the House, by five of their Members, which they desired might be communicated to the Council, to this Effect, That the House of Representatives of the Freemen of the Province of Pennsylvania had mett yesterday according to Charter, had chose Andrew Hamilton, Esqr., their Speaker, & had qualified themselves according to Law ; That the Powers of Government being on the Decease of the late Governor devolved on the Presi- dent & Council, the House desired, that if the Board should at any time have any thing to communicate to them that might be of ser- vice, or contribute to the publick Welfare, they would be pleased to lay it accordingly before the House, & they should not fail on their part to promote the same. Whereupon the following Message was drawn up, & Ordered to be carried down to the House by the secre- tary :
" Gentlemen :
" The President having communicated to the Council the Mess- age he received from the House this day, that they had mett & pro- ceeded to the Choice of a Speaker, the Board hereby acquaint the House that they are now met in the Council Chamber at the Presi- dent's, & are ready to receive the House of Representatives with their Speaker according to Custom."
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At a Council held at Philadia., October 16th, 1736.
PRESENT :
The Honble JAMES LOGAN, Esqr., President,
Samuel Preston,
Samuel Hasel,
Clement Plumsted,
Thomas Griffitts,
Thomas Laurence,
Charles Read,
Esquires.
Ralph Assheton,
The House having rose before the Message of the Board of yes- terday afternoon was delivered, the Secretary was ordered to deliver the same verbally this morning, and to add, that the Council were now sitting at the President's, & ready to receive the House with their Speaker.
The Secretary being returned, reported that he had delivered the same accordingly.
The Indians being now on their Departure homewards, It is Or- dered that the Provincial Treasurer do supply Conrad Weyser, In- terpreter, with any Sum, not exceeding twenty pounds, for defraying their Charges on the Road as far as Shamokin, if he shall find it necessary, & that the Carriages be paid as agreed for.
Upon reading at the Board this day a Petition of Robert Wilson, Mate of the Ship Cambridge, now riding at Anchor in the Port of Philadelphia, whereof David Fogoe, deceased, was late Master, setting forth that the said Ship, being bound from the Island of St. Christopher's to London, with Sugar & other Merchandizes, was discovered at Sea to be so leaky & infirm as not to be able to pro- ceed on the said Voyage; that the Master thereupon made this Coast, & arrived here about the beginning of last Month ; that he contracted with Peter Baynton of this place, Merchant, for a Vessel of his to carry to London the Cargo of the said Ship Cambridge ; That on the twenty eighth day of last Month the said Master unfor- tunately fell overboard into the River & was drowned; that the Petitioner being a Stranger in this Place, & finding that no Persons here have a sufficient authority to intermeddle with the Cargo aforesaid, & to give the necessary Orders how the said Petitioner & the Crew of the said Ship Cambridge are to proceed, is therefore advised to apply to this Board, whose Directions he humbly prays, that Justice may be done to the Owners & Mariners of the said Ship, & the Interest of the several Persons concerned in the said Cargo secured.
The Board having considered the said Petition, & conceiving it to be highly just that all proper Care should be taken of the said Ship & Cargoe, are of Opinion, that she ought forthwith to be un- laden, & the several Goods & Merchandizes lodged in proper Stores & Warehouses; that the Ship likewise should be unrigged & the Sailors discharged, & that Notice hereof should with all speed be
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given to the Owners of the said Ship & Cargo for their Directions touching the same. And it being represented to the Board that John Inglis, late of the Island of Nevis, Merchant, now residing here, has not only a considerable Intrest of his own in Sugars on board the said Ship, but is likewise well known to most, if not all, of the Shippers of the said Cargoe, & hath also administred on the Effects of the said David Fogoe. The Board are of Opinion, that the said John Inglis is a proper Person to take Charge of the said Ship & Cargoe ; but thinking it further necessary that some other Merchant of known Credit & Reputation should be joyned with him, Mr. Plumsted, a Member of this Board, was named, & at the Request of the Council undertook to act herein. Whereupon, It is Ordered, that the said Mr. Plumsted & Mr. Inglas proceed in the premisses agreeable to the Sentiments of the Board on this Occa- sion.
EODEM DIE, P. M.
PRESENT : "
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Ralph Assheton,
Clement Plumsted,
Thomas Griffitts,
Esquires.
Thomas Laurence, Charles Read,
The President laid before the Board the two following written Messages from the House, brought to him about three a clock this afternoon by two Members, which being read are in these Words :
"In the HOUSE OF REPRESENTATIVES, 8e., 15, A. M.
"Resolved, That a Message be sent to the President & Council to acquaint them that the House of Representatives of this Province met yesterday according to our Charter of Priviledges & the Law of this Province, & proceeded to choose A. Hamilton, Esqr., Speaker, & this Day have taken the Qualifications enjoin'd by Law.
" And as the Powers of Government are, by the death of our late Governor, devolved on the President & Council, this Message is sent on purpose to acquaint them that if they have any thing to lay before this House which may contribute to the Peace & Pros- perity of this Province, & wherein our Concurrence may be proper, the House are ready to receive it.
"B. FRANKLIN, Clerk of Assembly. [Copy.]
" In the HOUSE OF REPRESENTATIVES, 8e-, 16th, 1736, A. M.
"This day the Secretary attending without was called in, and he said That he was charged with a Message from the President in Council yesternight to this House, but the House being risen before VOL IV .- 7.
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he could deliver it, he now said That the Message he had in Charge to deliver was, That the President had acquainted the Council that the House had met & proceeded to choose their Speaker, And that he was now ordered to acquaint the House that the President & Council are now sitting & ready to receive the House with their Speaker.
"And after a long Debate upon the Meaning of the said Message of the President and Council,
"Resolved upon the Question, That we apprehended the Message of the House of yesterday to the President & Council seems to be misapprehended, & therefore to remove that Mistake, Thos. Leech and Wm. Moore are ordered to wait upon the President and Coun- cil with a Copy of the Message of yesterday, and to acquaint them that the House will wait upon them at such Hour this Afternoon as they shall think fit to appoint, to know their Mind upon the Sub- ject-matter of the said Message.
"B. FRANKLIN, Clerk of Assembly.
[Copy.]
"The Board having considered the same, & the two Members of the House who brought them now attending for an Answer, they were called in & told by the President that the meaning of the Message of yesterday, delivered this morning from this Board, was That they then were & they now are ready to receive the House of Representatives for their presenting their Speaker according to the Custom of this Province; and to prevent any further Mistake this was reduced to Writing & delivered to the said two Members."
Soon after the whole House waited of the Board, & Andrew Hamilton, Esqr., addressing himself to the President spoke to this Effect :
That upon receiving, by two Members of the House, the Message from the President & Council that they were sitting & ready to receive the House for presenting their Speaker according to the Custom of this Province, the House was now come to wait of the President & Council, & to acquaint them That the Representatives of the Freemen of this Province, elected the first instant, had met on the fourteenth of this month, pursuant to the Law & Charter, & had proceeded to the choice of a Speaker; that having next day taken into their Consideration the said Charter, together with several Laws of this Government, they observed that the President & Council were vested with all the Powers of Government, Legislation excepted, that this Exception rendering most, if not all, of the Requests usually made on presenting a Speaker wholly improper at this time, since between the Board & and the House there Subsists no Relation in a Legislative Capacity, the House did conceive it necessary to make a Presentation of their Speaker in the same manner as had been done to a Governor vested with full Authority ;
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and therefore having proceeded to qualify their Speaker & them- selves, they notified the same by Message to the President, which they believed wod have been sufficient; But the House being desirous of maintaining a good Understanding with the Board, & being will- ing to Satisfy them that it was not from any want of Regard to the President & Council that the House had not presented their Speaker, they were come in a Body to wait of the Board & acquaint them with their Reasons; That he was commanded by the House to assure the President & Council that the omitting to make the Presentation of the Speaker at this time did not proceed from any want of Respect for the President & Council, for whom the House enter- tained a very great Regard, as well in their publick as private Capacity's, but from the Reasons now given, which the House hoped, when duly considered, would prove Satisfactory.
Whereupon the President spoke to this Effect :
That the Assurances the House had given the Board could not but be acceptable, & he hoped they would prove satisfactory, but as he could now make no Answer for any more but himself, the other Members might, if they pleased, speak their sentiments; That he must observe in Behalf of the Board, that all the Powers of Government being by the Law devolved on the President & Coun- cil, who are to exercise the same "as fully & amply as any Deputy or Lieutenant Governor of this Province may, can, or ought to do, Legislation excepted" (these are the Words of the Law), and since every House of Representatives, on choosing their Speaker, are obliged to present him, the Board conceived it incumbent on the House to make the Presentation to the President & Council, who alone are invested with the Powers of Government, and therefore they had sent their Message; but perhaps there might be more in the Reasons offered by the House than the Board had apprehended. That as unanimity on all Hands ought principally to be studied, as- most essential to the well-being of Government, for from it the Blessings of Peace and Prosperity chiefly flow, he hoped all En- deavors would be used accordingly to cultivate & improve it.
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