USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 23
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be present, and that they had agreed to a Cessation of Arms for one year. The President proceeded to acquaint the Board that the same day he received Governor Gooch's Letter he had answered it, & likewise wrote on the Subject to the Lieutenant Governor of New York, a Copy of whose Answer he had sent in a second Letter to Mr. Gooch, but having since heard nothing from him, it was to be suspected the Letter had miscarried ; that upon this Occasion of transmitting to him Weyser's Paper he had wrote another Letter, & would be glad to have the Sentiments of the Board on it; and the same being read, the Board declaring their Approbation of the several Steps taken by the President in this matter, are unanimous- ly of Opinion that the Establishment of a Peace between the Six Nations & Southern Indians, both of whom are in Alliance & Friend- ship with His Majesty's Colonies on this Continent, would not only be an effectual Means to strengthen these People against a common Enemy, but likewise might in many Respects prove highly service- able to the British Interest, and that therefore a Design of this Na- ture ought to receive from the Government all possible Encourage- ment & Furthance.
The President then representing to the Board that it haveing been lately under their Consideration to send from hence two Gen- tlemen duly authorised by this Government, to Annapolis, to press Governor Ogle to an explicite & positive Declaration on the several Proposals made by this Board for restoring Peace on the western side of Sasquehannah, that Mr. Preston having been prevailed on to undertake the Journing, and Mr. Kinsey, who had been thought of as a proper Companion for him, being now at Liberty to attend the Business, the President moved that the Board would consider of proper Instructions to be given these Gentleman, with a Letter of Credence, for that their setting out ought not longer to be delayed, no answer being received by the Return of the Maryland Post to the last Letter from hence, & Governor Ogle's whole Conduct in this Negotiation furnishing but too good Reasons to suspect that, notwithstanding his high Professions, he intends little else than de- lay & Amusement; and the board concurring in Sentiments with the President, he laid before them an unfinished Draught of Instruc- tions, which being read, is continued under Consideration till to- morrow morning at eleven a clock, to which time the Council ad- journed.
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PROVINCIAL COUNCIL.
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At a Council held at Philadia., May 13th, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Samuel Hasell,
Thomas Laurence,
Thomas Griffitts. Esq's.
Ralph Assheton,
The Minute of yesterday's Council being read and approved,
The Consideration of the Matters touching the Treaty with Mary- land was resumed, and a compleated Draught of the Instructions, with a Draught of a Letter of Credence, were read, & being debated, were continued under consideration till to-Morrow.
At a Council held at Philadia., May 14th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esqrs.
Thomas Laurence,
Thomas Griffitts,
The Minute of the preceeding Council being read and approved,
The Board resumed the Consideration of the Instructions & Let- ter of Credence, & upon mature & deliberate Advisement, the same were fully agreed & concluded upon; but as Mr. Kinsey, who is to bear a part in the Negotiation, is not yet come to town from Jersey, if any thing shall be found further necessary by his advice to be added to the instructions, the Board agree that it may be done by the President, or if the Matter be of Importance the Council may be called to consider of it.
The Letter is as follows : 1
Philadelphia, May 14th, 1737.
· " Sir :
" Having in our late Letters given you ample Proof of our sin- cere Inclinations to bring the Treaty that has for some time past been on. Foot between us to a Conclusion, in departing for the present from our undoubted Right, and condescending further than with Reason & Justice could be expected of us, & being fully de- termined to persevere in the same Zeal for putting a Stop to those Disorders on the western side of Sasquehannah that, to the great Reproach of Government, have been carried on amongst His Ma- jesty's Subjects, whose Peace & Security we are equally on both sides obliged to study & maintain, We have now thought fitt to appoint two Gentlemen of Character & Worth, Samuel Preston and
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John Kinsey, Esquires, to repair to Annapolis, with full Authority to treat with you & to putt a finishing Hand to our mutual Agree- ment, until His Majesty's Pleasure, to whose Royal Determination the Matter is now submitted, shall be signified to us for our future Direction ; You will be pleased therefore to receive them as invested with plenary Powers on the part of this Government to proceed herein, whose Acts shall be confirmed by us, if necessary, in any Form that may be judged proper for their further Ratification. We are,
" Sir, " Your Friends and humble Servants, " In behalf of the Council, " JAMES LOGAN, Presidt.
"To the Honble Samuel Ogle, Esq"., Lieut Governor of Mary- land."
The Instructions were in these Words: .
"To Samuel Preston and John Kinsey, Esquires :
" Gentlemen :
" Seeing at the earnest Request of this Government you have sub- mitted to take upon you the trouble of a Journey to Annapolis, in order to treat with the Governor of Maryland on the Differences subsisting between us occasioned by his Incroachments on this Pro- vince since the time of the last agreement between the Proprietors, and to endeavor to put a Stop to the Disorders committed by his Authority, It may be requisite we should give our Sentiments of the measures proper to be taken in this Negotiation.
" You are sensible this Government has at all times most earnestly laboured to preserve Peace and a good understanding with Maryland, and it was hoped the solemn Agreement between the respective Proprietaries, concluded the 10th of May, 1732, would have effectually adjusted all Differences, and have rendered it almost impossible for any further to arise between the two Governments ; You are sensible, also, of the Means applied to elude that Agree- ment, and the Endeavours used by the present Governor of Mary- land to make it void, As also of the foundations laid by him from time to time to create Differences by his new Invasions on this Pro- vince, in parts where Maryland had never made any attempt of the kind before; Many Letters passed on these heads between our late Governor Gordon and Governor Ogle without effect; at length, on the Return of his two Commissioners, Jennings & Dulany, from Philadelphia, in our Letter of the 16th of December, we prest him most earnestly to enter into some pacific measures with us to put a Stop to these unhappy Contentions, assuring him we would for that End make any reasonable Concessions that should be proposed ; from this time he carried on his Hostilities against us without taking
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any Notice of that Letter for many Weeks, till on the first of March we received by Post his answer, which he had thought fitt to date the 24th of December, desiring to know of us what those Concessions were, and at the same time making high Professions of his Incli- nation to Peace of those Letters & all the Subsequent that passed between us, you have now Copies delivered to you, which will so fully instruct you that it is needless to repeat any part of them here.
" In our last to him of 30th of April by the Post (our three for- mer having been sent by Expresses) You will see our Treaty is narrowed to a Point, and on considering the whole, One might ra- tionally suppose there remains nothing but an open Declaration to close it. This you are desired to Labour, and from the Success of your Endeavors You will be able clearly to distinguish whether Governor Ogle ever intended more by his Letters and Proposals than meer amusement, & to gain from us some Concessions to their Advantage, without doing anything on his part. But in our first Answer to him of the 5th of March, you will observe that before we would enter into any further particular, or make any Concession, we asserted our Boundary for the present as far to the Southward as the Mouth of Octararoe Creek or thereabouts ; that when we made the Concession ' that those who had first settled under that Government should continues to acknowledge it,' We took care, at the same time, expressly to limit this to such time only as that our Boundaries should be fixed, or till these matters should be settled by a Superior Authority. We made it a Preliminary, also, that all force should be removed, and no person be molested on any Account whatsoever arising from the Proprietary Claims, on the punctual Observation and Execution of which you are strictly to insist ; We added, also, another Proviso that nothing conceded to in the Treaty should by any Construction, Inference, &ca, whatsoever, be inter- preted in any measure to affect the Proprietor's Claims; and these Articles & Provisoes you will find we have carefully carried through all our other Letters. It is proper, also, we should add, that this Concession was made wholly on the foot of the Agreement with the Lord Baltimore in London, in 1724, tho' those new Incroach- ments were far from being within the Intention of that Agreement, or of the Lord Baltimore himself, who was never for extending his Claims in any manner inconsistent with the Publick Peace, as you will see by his Declaration mentioned in the same Letter, viz., that of the 5th of March last.
" As the Concessions we have already made are beyond what could with Reason or in Justice be desired of us, and were entred into solely from the earnestness of our Desire to obtain Peace for His Majesty's distressed Subjects, which, as we have always done, you will likewise constantly declare to have been our Sole Induce- ment, there cannot, we conceive, be Room to add any thing further
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in that way, or to enlarge them, at least not in any point of Import- ance.
" If Governor Ogle, according to the Practice he has too often made us sensible of, should in his usual strain of Declaring his own Candour, the Sincerity of his Intentions, the Plainess & Expediency . of all his Proposals, refuse or decline to treat any further, you will in that Case draw up a proper Remonstrance, setting forth the first Spring and Cause of these Disturbances, how unjustly & inconsist- ently with the Lord Baltimore's Honour His Lieutenant has carried them on, & still continues them; That on our part we have not made one Step, but what the Insults & Violences of those who acted under his Influence & by his authority had rendred Necessary, & therefore for whatever has happened of a harsher Nature in these Proceedings that Government alone is Accountable ; that we have on our part from time to time used all the rational means in our power to induce him to more amicable measures, & for obtaining Peace to His Majesty's distressed Subjects ; we have even, contrary to all Reason, submitted to the very terms that he himself had pro- posed, adding what Observations will naturally arise from his Con- duct towards you in this Affair.
" If he should come to closer terms, and, mentioning Cressap's affair, require Reparation for his pretended Losses, you will say what is proper on that Occasion ; that his unsufferable Insults & Abuses rendred it absolutely necessary that a Stop should be put to them ; that he had been guilty of Murthering one Man & threatened the Lives of others; that what was done was in execution of a legal Warrant against him, and that what ensued was occasioned Solely by his obstinate and unjustifiable Resistance, but that the whole of this Affair being laid before His Majesty, to whose great Wisdom and Justice it is entirely Submitted, it will best become both Governments to wait the Issue of the Royal Determination herein.
"In behalf of the Council,
"JAMES LOGAN, Presidt."
At a Council held at Philadia., June 6th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President, Clement Plumstead, Samuel Hasell,
Thomas Laurence, Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minute of the preceeding Council being read and approved,
Mr. Kinsey, who returned to town from Maryland last friday evening, having Notice of this meeting of the Council, & now attending, was called in and acquainted the Board that in pursuance
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of the Authority and Instructions given Mr. Preston and himself, they had joyfully waited upon Governor Ogle at Annapolis; that Mr. Preston intending to spend a few days with his Relations in Maryland, was not yet returned, & therefore the Report of their Proceedings could not be fully compleated ; that these nevertheless would in a good Measure appear from the Papers that had been exchanged between them & that Governor, which he delivered in at the Table and then withdrew.
The said Papers being four in Number, were read & continued under consideration until a Report of the whole shall be made in Form.
The President then informed the Board that the Judges of the Supreme Court had made Report to him of their Proceedings at the Courts of Oyer and Terminer and general Goal Delivery, lately held at Philadia. for the City and County of Philadelphia, and at Chester for that County, whereby it appears that at the former, three Per- sons were convicted of Capital offences, to witt : Henry Wildman & Catharine Connor, als. Smith, for Burglary, & Isaac Bradford for a Robbery, and at the latter, one Joseph Bevan for wilfully setting fire to a Barn, and had all received Sentence of Death. The Pre- sident then observing that this Board being at present invested with the same Authority as a Governor, & having Power by the Royal Charter to pardon all Crimes, excepting those of Treason and wil- full and malicious Murder, he desired their Sentiments touching the awarding of the Execution of the said Sentences; But several Mem- bers desiring to be further informed of the Circumstances of some of the Criminals, the Matter is held under Advisement till the next meeting of Council.
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At a Council held at Philadia., June 16th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Samuel Hasell,
Clement Plumsted, Thomas Griffitts, Esquires.
Thomas Laurence,
The Minute of the preceeding Council being read and approved,
Mr. Preston laid before the Board a Report signed by him & Mr. Kinsey, of their Proceedings in Maryland, pursuant to the Instruc- tions given them for treating with the Governor of that Province; and the said Report, together with the Papers therein referred to, delivered at the preceeding Council by Mr. Kinsey, being read, the Board joyned in returning Thanks to these Gentlemen for the Trouble & Pains they had taken to serve the Publick, in which, tho' their Endeavours have not been attended with the Success that VOL IV .- 14.
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might reasonably have been expected, yet it could not but be highly Satisfactory to those concerned in the Administration here to reflect that no Measures, consistent with Right & Justice, had been omitted on the Part of this Province for re-establishing Peace and a good Understanding between the two Governments, Which must be submitted to the Judgment of our Superiors.
The Report aforesaid follows in these Words:
" To James Logan, Esqr-, President, and others, the Council of the Province of Pensylvania.
" As you were lately pleased to entrust us with Powers on behalf of this Government, to finish, if we possibly could, the Treaty which then was and for some time past had been on foot with Samuel Ogle, Esqr-, Lieutenant Governor of Maryland, for putting a stop to the disorders which have been committed on the west side of the Sasquehannah, We conceive it a Duty encumbent upon us to give you a Narrative of the Progress we have made in pursuance of those Powers, which from the best of our Recollection and Remembrance is in Substance as follows :
"Soon after the receipt of your Letter we set out for Annapolis, and on the twenty-fourth day of the last month we arrived there, but it being late in the morning we thought it improper to apply to the Governor until he had dined; in a litle time after we waited upon him, were civilly received, & delivered to him the Letter given us in charge, after reading of which he told us an Agreement might have been long since had; that he was always desirous things should remain in the State in which he found them, until the dis- puted Boundaries were settled by a proper Jurisdiction; that he would lay the Letter we delivered him before the Council the first thing the next morning, and then we were to have their result. We let him know how satisfactory it was to us to find him disposed to put an End to the unhappy disputes which had subsisted ; that we were not inclined to enter into a detail of the disturbances which had happened between the two Governments, as what might tend rather to widen the Breach than to make it up ; that it was probable we and they might have different Conceptions of those matters, but what was past could not be recalled; that the consideration of it was before a proper Judicature, who only had a right to determine therein; that where ever the fault had been, it would be prudent for both Governments to avoid future Disturbances. We then took leave of the Governor for that time to wait the result of the Council, & went to our Lodgings, and soon after our coming thither, by a Messenger from the Governor, were invited to dine with him next day, which we promissed.
" About twelve of the clock next day we received a Message from the Governor, by John Ross, Clerk of the Council, acquainting us that the Governor had laid the letter we delivered to him before
.
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the Council; that they were willing to hear what we had to propose to them at six of the Clock that afternoon, and desired our attend- ance at the Council Chamber, which we agreed to; and considering that what might pass on the conference, we expected being verbal only, would do on such relations as either party might give of it, we concluded it was necessary to committ to writing what we had to propose to the Governor in Council, in pursuance of your Instruc- tions to us, and thereupon prepared the Original of which the Paper delivered to you, marked No. 1, is a Copy.
"We then went to the Governor, were civilly received, dined with him and divers of the Council, and soon after left him, and had divers Conferences as well with the Prisoners as with James Colder, their Counsel, touching what Defence might be necessary to make to the Information filed against them (amongst other things) for re- taining with strong hand the Possession of divers Lands & Tenements of the Lord Baltimore's; and a paper was agreed on, purporting, in Substance, that the matters charged in the Information were not true in such manner & form as therein is set forth; that what was done was legal, and done in the County of Lancaster, in our Prov- ince, and not in that of Maryland; and that if this was over-ruled, as in like Cases had been done, then to plead the general Issue of not Guilty, in order to have a Tryal, for it seems plain if the Pris- oners are to be dispossessed it will be by colour of law on a convic- tion on this Information.
" The time appointed for meeting the Council being come, and Notice being given us of their being met, we went to the Council Chamber, found the Governor & Council sitting, were courteously received, & Chairs being prepared, were desired to sit down, and we accordingly seated ourselves.
"The Governor then let us know he had communicated your letter to the Council, by which they were informed we were Impowered, on the part of the Government of Pennsylvania, to endeavour an accommodation of the disputes which happened between this Prov- ince & theirs, and told us they were then Willing to hear what we had to propose to them. In Answer to which we acquainted him that to prevent Mistakes we had committed what we had thought fit to offer to them on this Occasion to writing, which we had ready, and was then delivered in Council and read.
" After reading of which the Governor said he supposed we were desirous of an answer in Writing, which we agreed to, and he promissed we should have, but in the mean time said he was willing to enter into a free Conference on the Subject, that we might agree Matters if we could; and we discovering our willingness to enter into such a Conference, He proceeded to speak to the Proposals we had made of appointing Commissioners to distinguish & determine which of those who were settled on the lands in dispute first entred under the one or the other Government, and urged their Consent
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to such an appointment would leave it so loose and open that future Misunderstandings might arise; that if two Commissioners were named by each Government and they disagreed in their opinions, nothing could be done, the whole agreement would become Elusory. To this he was answered that it might be objected ; the appointing of such Commissioners would be useless but not that it would be injurious ; that there was at least the chance of their agreement, in which case the End of their Appointment would be answered, and altho' they disagreed, Yet the Provinces would be then upon as good Terms as he proposed them to be at all, for the other articles would subsist in full force, altho' the Article appointing Commissioners became ineffectual by such disagreement.
" Govenor Ogle at length agreeing to the necessity there was of determining who settled under each Government, then insisted it might as well be done by them and us as by appointing other Com- missioners, unless we were limited by our Instructions, and that Com- missioners, if they were appointed, would never agree; but we were of Opinion that if each Government remained without declaring themselves in the Affair, There was no great reason to doubt but that Commissioners to be appointed might determine impartially : whereas, if either Government made claim to any particular Number of those who were settled on the Lands in controversy, it was pro- bable disputes might arise not easy to be settled, because if Commis- sioners were afterward appointed (as we conceived there must, and they should give up to the other in such case), any of the Inhabi- tants so settled, it would be tacitly admitting the Government that chose them in the wrong, which could hardly be expected from them, besides we urged there was a necessity of examining those who were thus settled, and perhaps others in the neigbourhood touching the affair, before it could be determined who settled under one Government or the other, which was impractacable without going to or sending for the People who live at a great distance.
" Edmond Jennings, Esquire, one of the Council, then interposed, & desired to be informed touching the intent of the latter part of the third article which we had proposed (in the paper which we delivered to them), as agreed on, viz .: ' That no person should be molested,' &ca. He was answered. Our intent was agreeable to the Preliminary proposed in your letter, which Governor Ogle had acceded to on Condition, which we had subjoined to that Articles, and upon this the Paragraph in your Letter, with his Answer thereto, were read.
" The Governor, neither on this or any other Occasion, denied his intentions in that Concession to be as we contended for, but said he did not think it reasonable for our Government to insist upon terms for such whom we agree were settled under their Govern- ment. That those they agreed to be Pennsylvanians he supposed would be used with Humanity and Tenderness as they deserved,
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and the like might said of theirs. One of us replyed no more was contended for than what he had agreed to in his Letter.
" Edmond Jennings, Esqr-, again interposing, said there had been injuries done to particulare Persons, & enquired what we proposed in respect to them. He was answered there was a necessity of a power to determine who was in the wrong, before any Reparation could be awarded; that those matters were before a proper Judica- ture, and it was reasonable they should wait the event of the De- termination there.
" The Governor divers times declared his sincere Inclinations for Peace, complemented us as being acceptable Messengers on the occasion, said he should be glad Articles could be drawn up so clearly exprest, as might leave no room for future disputes, &ca.
"Our Conference held untill it was too dark to sit any longer & then broke up.
"The next day about three of the Clock afternoon, we received a se- cond Message from the Governor & Council by their Secretary, signify- ing that they had agreed on an answer to our paper, and desired us to meet them in the Council Chamber about five. Accordingly about that time we attended, and the Paper Nº 2 was then read and de- livered to us, and we let them know they should have our Reply in writing. We then entered into further Conversation touching our first Paper. The Governor's objections to the articles, we therein proposed as agreed to, were chiefly to the mode of Expression, viz .: That he did not allow he had sent up any Men in arms to seize the people of Pennsylvania, but only to reduce those settled under Maryland to obedience who had refused to pay their Taxes-again that he did not allow there had been illegal attempts made by Authority from the Government of Maryland, which Occasioned the Sheriff of Lancaster to call any assistance to oppose them, and therefore insisted the article touching removing of force should be so expressed as not to charge the blame on either Government.
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