Colonial records of Pennsylvania, Vol. IV, Part 22

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 22


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shall leave it to the Wisdom & Justice of Our Gracious Sovereign to determine at whose Door those Misunderstandings from the first, & these Distresses & Miseries of His People must lie; But in Regard to your repeated Professions, we shall be willing to hope you will condem these Violences equally with us, & that if you have not already you will immediately put a Stop to them, without which, & carrying our Preliminary into Execution, no Proposals whatever can be supposed to have been made in earnest or with any real view to Peace; Upon which, with the other Parts of this, we shall expect your plain & determinate Answer by the Return of this, our third Express, & we hope it will prove such as will give a more encourag- ing Prospect of the much desired Period to these unhappy Conten- tions, which we are perswaded will be no less to the Honour of Maryland than agreeable to the hearty Wishes as well as Endeavours of,


"Sir, "Your Friends & humble servants, " In behalf of the Council, " JAMES LOGAN, Preside.


"Philadelphia, April 8th, 1737.


"For His Majesty's service.


"To the Honble Samuel Ogle, Esqr., "Governor of Maryland."


Upon considering what is represented by Mr. Blunston, the Board are of Opinion that the People ought by all means to maintain the Possession of their Houses and Plantations, particularly that a pro- per Number of People should be lodged in the House late of John Hendricks, to defend it strenuously against any Attack, if such should be attempted, and that the Sherif be called upon to give all the legal Assistance in his Power for their Defence and Protection, which the President is desired to signify to the said Sherif and the Justices of Lancaster County.


And as to those Germans who are come hither to pray Advice in their present Distress, the Board are likewise of Opinion That as they came first into this Province to settle, they were highly to blame in going over to the other side of Sasquehannah, and there, in Contempt of this Government, taking up Land under Maryland & acknowledging themselves Subjects or Tenants under It; that some of them had not only inlisted under Cressap, but had assisted him on all Occasions when called on, and particularly that the Party who took Mr. Buchannan, the late Sherif of Lancaster, was mostly made up of their People; that when they thought of re- turning to their Obedience under this Government, if Governor Ogle's Word is to be taken for it, who expressly charges them with it, & as for encouraging them in it, their only Inducement was their Hopes of living more easily under us in being freed from the


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forty # Poll & the other Maryland Taxes; That instead of de- fending themselves against the Force which had been sent to ap- prehend them, they had thrown that Charge wholly upon this Government, who had been put to great Expense on that Account ; That if the Marylanders should proceed to turn them off their Plan- tations, as there is now no Possibility of opposing but by open War & Bloodshed, their families must be sure no otherwise to give way to it than as they are forced; and if that should prove the Case, as 'tis hoped it will not, Care will be taken to order other places for their Settlement, on their paying a reasonable Consideration for the same, & that We must wait for a suitable Redress from the Wisdom & Justice of Our Gracious Sovereign, whose Orders for putting an End to all these Disturbances have been long since humbly applyed for, & may now in a short time be expected ; And the President is desired to acquaint these Germans herewith in the Name of the Council.


At a Council held at Philadia., April 21st, 1737. PRESENT :


The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,


Thomas Laurence,


Ralph Assheton.


Thomas Griffitts, $ Esquires.


The Minutes of the two preceeding Councils being read & ap- proved,


The President laid before the Board a Letter from Governor Ogle, brought by the Return of the Express, and the same being read in these Words :


"Sir-


"I have received your Letter of the 8th instant, which I own I could not read without a good deal of Concern. I had flattered my self with the agreeable hopes of your at last coming into the rea- sonable Conditions, That those who took up their Lands under Pensilvania should be allowed to acknowledge that Government, and those who took them first under Maryland should continue un- der this Government, which if it was truly & sincerely agreed to would without more adoe fully put an End to all our Disturbances ; but instead of that You run into a prolix and artful Misrepresen- tations of Facts, and make many Proposals, which can only serve to perplex affairs and give an Occasion of renewing those horrid Violences and Insults w'ch We have so lately and severely felt from your Hands.


"If You are willing that those who first settled under Our respective Governments should continue so, no Difficulties will


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remain in Our way towards a firm and lasting Peace, if you will not sincerely come into this, the longest Letters that can be writ and filled with the most pacifick Expressions, will signifie very little in an Affair where Deeds are required & not Words.


" As to what You mention of the Violences committed by some of Our People, sure You cannot possibly be in earnest after the unparalelled Cruelty and Barbarity with which Capt". 'Cressap and several others have been used, to complain of the mild Proceedings of this Government is such a Peice of Mockery that I cannot think You expect any serious Answer to it.


"To sum up all in as few Words as I can, whatever your Inten- tions may be towards this Government, I shall put into immediate Execution Every thing that lies in my Power to prevent the re- newing of your Hostilities.


"I shall leave wholly to yourselves such as first settled under your Government, over whom You may exercise your Jurisdiction according to the Laws of Pensilvania, and shall only look upon such to be Marylanders at present, as settled and held under this Gov- ernment; and if any thing contrary to this shall be done by any of Our People, You may depend upon my Redressing all Injuries upon the least Application. If You will grant me the same favour it is all I desire, my Intention being wholly to conform my self to Every thing that can be possibly thought reasonable to prevent future Disturbances ; the past have been but too horrid & cruel already, & of which his Majesty can be the only proper Judge, before whom I suppose the Affair is laid before this time.


" I am, " Sir, "Your most Obediant humble servant,


" Annapolis, 15th April, 1737.


"SAM. OGLE.


"To The Honourable the President and Council of the Province of Pensilvania."


It was considered & debated ; and the last Letter from this Board to Mr. Ogle being called for & read, the Matter is referred for fur- ther advisement.


At a Council held at Philadia., April 29th, 1737.


PRESENT :


The Honble. JAMES LOGAN, Esqr., President. Samuel Preston,


Thomas Griffitts, r


Thomas Lawrence,


Samuel Hasell, Esquires. Ralph Assheton,


The Minute of the preceding Council being read and approved,


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The Consideration of Governor Ogle's last Letter was resumed, whereupon the President mentioned that it having been then de- bated whether it might not be adviseable to send to Annapolis two Persons sufficiently authorized by this Government, who should in a personal Conference with the said Governor press him to an ex- plicite and determinate answer to the several other Proposals that accompanied the Concession made on the part of this Province and accepted by him. And the Board then appearing, generally, to be of this Opinion, two of its Members, Mr. Preston and Mr. Assheton, had been thought of as very proper Persons on the present Occa- sion, and they had been severally spoke to. The first gentlemen, notwithstanding the fatigue of a long Journey in his advanced years, and sundry good Excuses he had urged, yet from his great Zeal and sincere Desire to contribute his best Endeavors to forward so neces- sary a work as the Re-Establishment of Peace, had declared he would not decline the Task provided he might have a suitable Com- panion ; the latter had offered such weighty Excuses that he could not be further pressed. That Mr. Kinsey had afterwards been thought of and spoke to, who declared his Willingness to do any acceptable Service to the Government; but his Business as a Lawyer obliging him both next Week & the week after to attend some Courts in the Jerseys, from which he could not be absent without failing in his Engagements to his Clients & to their great Injury, he could not but for that Reason be excused, so that it yet remained to think of a proper Person to joyn Mr. Preston.


Came in, Clement Plumsted, Esqr.


But previous to this, the Board proceeding to consider the whole of the present Negotiation with Maryland, Recourse was had to the several Letters that had passed on the Subject; & upon reading the Duplicate of that from this Board of the 5th of March, the President took Occasion to desire that the Members present would, upon their best Recollection, speak their Sentiments whether they apprehend there is any essential Difference between that Duplicate & the Draught that was laid before the Board and approved on the said 5th of March; & putting the Board in mind of that particu- lar Passage in it relating to a Conversation which had passed in this City between Lord Baltimore & a certain Gentlemen, the Presi- dent said that a blank being left in his Draught for inserting an Account thereof as it should be given by the Gentleman himself, it was accordingly filled up, the Board having been fully apprised of the Purport of it. The Minute of that day being called for & read, each of the five Members then present declared they could not re- member any Difference, nor that any thing is contained in the said Duplicate but what was & still is perfectly agreeable to their Senti- ments of the Subject Matter then under Deliberation & at that Council concluded upon.


The several Letters that had passed on the Subject of the present.


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Negotiation being deliberately considered, and the chief Points that had been pressed upon Governor Ogle as necessary to be agreed on to render the first Proposition or Concession made by this Govern- ment practicable & effectual, for the good Purposes of re-establishing Peace and maintaining Tranquillity in those parts upon Sasque- hanh. being these three-


That all the Inhabitants there, without Distinction, should be quieted in their present Possessions, and suffered to remain in Peace.


That no further Settlements should be made by either Govern- ment in those parts where the late Comotions have arose ; And


That some proper Measures should be Concected by the appoint- ment of Commissioners on the part of each Government, to enquire who of the Inhabitants had entred on their Possessions under the One, and who under the other Government.


Upon which points Governor Ogle having hitherto declined making any explicit Declaration, It is the Opinion of the Board that he should be further pressed by another Letter, in which the Reason- ableness of each of these Proposals ought to be insisted on, to declare his Sentiments of the same, that this Government may proceed with the greater Caution & Safety; and it is recommended to the President to prepare a Draught to be laid before the Board at their Meeting to-morrow.


At a Council held at Philadia., April 30th, 1737. PRESENT :


The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hassell,


Thomas Laurence, Thomas Griffitts, Esqrs.


Ralph Assheton,


The Minutes of the preceeding Council being read and approved,


The President, pursuant to the Direction of the Board, laid be- fore them a Draught of an Answer to Governer Ogle's last letter, and the same being read and maturely considered, was unanimously approved, and it is ordered that the President, in behalf of this Board, sign a fair transcribed Copy thereof to be forwarded to- morrow by the Maryland Post. Which answer follows in these Words :


, Philadia., April 30th, 1737.


" Sir-


" We received yours of the 15th instant, and have waited thus long for the Post to carry our answer to it, which is, that we are truly concerned to find that when the Negotiation between us for re-establishing Peace appeared so far advanced as to be ripe for a


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Conclusion, you should think fitt to term our summary of the whole a prolix & artfull Misrepresentation of Facts, without assigning one Instance to show wherein that Misrepresentation consists, or speci- fying what those Proposals are which you are pleased to say can only serve to perplex affairs & give Occasion of renewing violences ; had you done either, it would have been incumbent on us to have cleared up the Matter, but as you content yourself with making the charge in general, we shall here briefly point out the Necessity of bringing those Proposals of ours into practice, to render what we both profess to aim at. in any measure effectual.


" You insist solely upon the general proposition first offered by us on the Inducements and Terms we fully mentioned, 'That those who took up their Lands under Pennsylvania should be allowed to acknowledge this Government, & those who took them first under Maryland should continue under that Government,' and to this, in the fair sense of the Words, as we have repeatedly expressed it, both Parties are agreed ; but as this cannot be so reduced to prac- tice as to answer the end proposed, without some further particular Provisions, must be obvious to every Man who considers it. We have been truly candid & sincere in every thing we have offered, and as a certain proof of it, laid down those other provisional Pro- posals, without which we conceived the first would become wholly ineffectual, (& instead of producing Peace, would only introduce further Confusion. For,


"First .- Can anything be more plain, if Peace is to be estab- lished amongst His Majesty's Subjects engaged in these Contentions, than that all those who had been in Possession of their Settlements in the parts you have thought fitt to dispute with us, should quietly continue to hold them, and to this we conceive you have fully agreed by acceeding to our Preliminary on the Condition you mentioned, which we clearly speak to below ; Nor can there be any Room left after our last Letter to say anything further of the Dutch, save that we may observe that considering their Petition to the King on this Occasion, it may not probably be amiss to have some regard to that application.


"Again .- If on each side the People are to acknowledge that Government under which they first seated, can it be imagined that it is not absolutely necessary some Persons should be mutually ap- pointed by a due Enquiry, to settle & distinguish who of them first entered on their Possessions under the One Government, & who under the Other, for without this it is plain that no End can be answered consistent with the Terms of the first Proposition, and this, therefore, you must also have undoubtedly acceded to.


" Again .- Unless all further Settlements be prevented till such time as our Limits are adjusted, since by your late Conduct you would lay some Claim there, and you will not doubt but that as we have ever been & are fully assured the Right is truly ours, tho'


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for Peace sake and for the present we make this temporary Conces- sion, can it be conceived it would be possible to prevent the highest Disorders & Contentions, should the People under both Govern- ments be left to scuffle who shall take possession of Tracts that please them under the one or the other, while there is no Authority agreed on to determine who shall have the Priority ? Here would be as it were a Studied Foundation laid for unavoidable Quarrels, without any possible means left for composing them.


"We added that tho' Taxes might be assessed, the levying of them should be deferred till the Limits were adjusted, as the best means of preventing Misunderstanding; but since you make the comply- ing with the Ducs and Taxes of your Government the Condition of your acceding to our Preliminary, 'that all those who have been employed on your part to seize our people, & all who appear in arms for any such Purpose, shall immediately retire as all ours also, whom our Sherif of Lancaster has been obliged to call & keep together to oppose the other's illegal Attempts, shall on the first ef- fectual Orders you give therein be likewise dismissed, & that no Person whatever in or near those parts shall on either side be mo- lested on any Cause or Pretence arising from these Disputes or the Proprietary Claims.' We do not think that Point of Taxes of so much Importance as to be insisted on, but the rest we have men- tioned are of such absolute Necessity that we cannot question our receiving your Declaration of their being perfectly agreeable with your own sentiments.


" Consistently with our sincere Intentions to preserve Peace, we gave Orders to our Sherif of Lancaster, with those People he had assembled on Higginbotham's appearing with a Force in those parts, to molest no Person whatever who was in the Peace of the King, and offered no violence to His peaceable Subjects, which has been carefully observed ; and further, agreeable to that Preliminary, the Sherif is obliged to dismiss all such as he may have kept together for the same end, as soon as he receives Notice of your Orders to the same Effect on your part, which we have now Reason to ex- pect will be no longer delayed. We shall likewise forthwith name a person on the part of this Government our Commissioner to re- pair within such time as you shall appoint, to Sasquehannah, to be joined by such as shall be named on the part of your province, in order to proceed on distinguishing & ascertaining who of the Set- tlers in those Parts which have been the scene of these late Con- tentions, first entered on their Lands under the One, & who under the other Government, before August last, when these Commotions began, & to concert such other Measures as may be most effectual for preserving Peace & preventing all further settlements there till the Dispute between our respective Proprietaries shall be ended, or Directions shall be given by Our Superiors therein.


" Thus we have in the clearest & most candid manner discharged


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ourselves in every Point that can with any Colour of Reason be desired of us, for obtaining the proposed End of giving Peace to His Majesty's distressed Subjects in those parts for the Interim, till either our Boundaries are effectually settled, or till we know His Majesty's Pleasure touching the same; and if we should yet unhap- pily fail of It, we mus tleave it, as we formerly said, to His Wisdom & Goodness to determine at whose Door the Oppression of his Sub- jects is to be laid. We are,


" Sir, " Your Friends, & humble Servants, "In behalf of the Council, " JAMES LOGAN, Preside.


"For His Majesty's Service.


" To the Honble Samuel Ogle, Esqr., Governor of Maryland."


At a Council held at Philadia., May 3d, 1737.


PRESENT :


The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hassell, r


Thomas Laurence, Thomas Griffits, Esqrs.


Ralph Assheton,


The Minute of the preceeding Council being read & approved,


The President acquainted the Board that the assembly, pursuant to their adjournment, having met last night, had sent this morning two Members to acquaint him, & by his means the Council, that the House were met, & if the Board had any thing to lay before them, in which their Concurrence might be necessary, they were ready to receive it; and the President hereupon representing that as the House had been called together in December on the Subject of the late Violences of the Governor of Maryland, & they had then joyned with this Board in a Representation of the same to His Majesty, he conceived it would be proper at this meeting to say something fur- ther of those affairs, & having drawn up the following Message he now laid the same before the Board for their Opinion. Which being read, was unanimously approved, & as sent down to the House is in these Words :


"From the President & Council to the House of Representatives. " Gentlemen :


"The last time you mett was upon the Subject of the Abuses numbers of the Inhabitants of this Province had received from our unkind Neighbours, in the Administration of the Government of


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Maryland, on which you judged it proper to joyn with this board in an Address or humble Petition to His Majesty; of the Success whereof, or further than that the Ship it went in, after a long pass- age, got safely to London, we have not yet heard anything, there being no Vessell arrived here, as might have been expected, this Spring from Britain. We can, therefore, only observe to you that notwithstanding all the legal means in our Power, and these at a very considerable Expence, have been used to put a stop to the Violences of the Persons acting under that Government, on the west side of Sasquehannah, yet a great many of our Inhabitants have, by a continued Series of those Abuses, been treated with the same Inhumanity & Cruelty as heretofore; and as these Affairs may deserve your Consideration, If you desire to be acquainted with any of the Particulars, you shall receive all the Satisfaction therein that this Board can give you.


E.


" JAMES LOGAN, Presid'."


At a Council held at Philadia., May 4th, 1737.


PRESENT :


The Honble JAMES LOGAN, Esqr., President.


Samuel Preston, Samuel Hasell,


Ralph Assheton, Thomas Griffitts, Esqrs.


The Minute of the preceeding Council being read and approved,


The President acquainted the Board that he had called them together to receive the Answer which he understood the House had ordered to be sent up to the Message of yesterday; & Notice being given that two Members of the House were attending, they were called in, & having delivered the following Paper, said they were ordered to acquaint the President and Council that if they had nothing further to lay before the House, they proposed to adjourn till some time in August. The Members being desired to withdraw for a litle, the Paper delivered by them was read in these Words :


"The Answer of the House of Representatives to the Message of the Honourable President and Council.


" The unhappy Occasion of our last Meeting gave a very sensible Concern to all such as wish well to the Peace and Prosperity of Pennsylvania, and we are now no less affected to hear those Abuses are still continued so much to the Inturruption of that good Under- standing which formerly subsisted between us and our Neighbours of Maryland. As the Measures which we conceived most proper for our Relief were then taken, we hope it will not be long before the King's Pleasure is known, and we partake of the good Effects of his Wisdom & Justice, not doubting but your care will in the


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meantime be continued to use legal Means to preserve the Peace & Quiet of the People of this Province ; And we, on our part, shall always be ready to do what is necessary for supporting this Govern- ment, while the Measures taken to protect our Inhabitants in the quiet Enjoyment of their Liberties and Properties are consistent with the peaceable Principles of the People we represent.


"Signed by Order of the House, " A. HAMILTON, Spcaker.


" 3d Mo. 4, 1737."


Whereupon, and pursuant to the Opinion of the Board, the Mem- bers were again called in, and told by the President that since the Answer fully expressed the Resolution of the House on the Mess- age sent them, the Subject matter of which was conceived proper for their Consideration, the Board had nothing further at present to Offer.


At a Council held at Philadia., May 12th, 1737. PRESENT :


The Honble JAMES LOGAN, Esqr., President, Samuel Preston, Samuel Hasell, r


Thomas Laurence, Thomas Griffitts, Esqrs.


Ralph Assheton,


The Minute of the preceeding Council being read and approved,


The President acquainted the Board that not long after receiving, on the 20th of December last, the Letter from the Governor of Vir- ginia, then communicated to several Members of this Board, on the Subject of negotiating a Peace between the Indians of the Six Na- tions & the Southern Indians, the Cherikees & Catawbas, & desiring for that End a Message might be sent from hence to invite some of the Chiefs of the Six Nations to Williamsburgh, where the Depu- ties of those Southern Indians would attend, he, the President, had an Opportunity of seeing Conrad Weyser in this place, & judging him, from the Experience this Government has had of his Honesty & Fidelity, to be the most proper Person to carry to the Six Na- tions the Message proposed in that Letter, he, the President, en- gaged Weyser to undertake the' Business, & gave him proper In- structions to that End ; that being returned, he, in his own Words & Hand writing, had given a very distinct & Satisfactory Account of the Errand he was sent on, in a Paper, which being laid before the Board and read, The Answer of the six Nations is in Substance, that they were ready & willing to treat of & conclude a Peace with their Enemies the Southern Indians, but declining going to Wil- liamsburgh, they, the Six Nations, proposed Albany for the place of meeting, where they desired their Brother Onas or (Penn) might




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