USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 37
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
345
PROVINCIAL COUNCIL.
After the Present was delivered to them, Neweheconer rose up and spoke as follows :
" Brothers :- When we were coming along, we expected to hear something that was good from you ; we have heard what is good, and desire to continue in friendship with you forever. In our jour- ney hither, we called at the House of Alummapis, Chief of the Del- aware Indians, who said, my Grand Children, you are going to my Brothers, who are as if we were come of one Woman, and I had set you down at their Doors. We have sweeped the Road clean, and Alummapis, our Grand Father, will come when the Moon is at the full, and will know that you, our Brothers of Philadelphia, are good Friends, and so presented a string of Wampum from him.
He then in Answer to what had been asked him concerning the French, said, that last Spring was a Twelvemonth, they had desired that an Order might be sent from this Government to hinder our Traders from bringing Rum amongst them ; which being done, they had sent one of their Young men to the French to get a stop like- wise put to the bringing of any Rum, Brandy, or Wine, by their Traders for the time to come, as their Brothers, the English, had done. I
The Governour then told them That as the King of England was in Friendship with the French King, they ought to be civill to the French; but if the two Kings should go to War, they are bound by Treaty to assist us, as we are their Brothers.
Then being asked if they are at War with any Indians to the Southward, they said that they were at War with the Catabas and Catewas Indians in Carolina, for that they had detained some of their People that had been sent to them four years ago.
At a Council held at Philadelphia, August 1st, 1739. PRESENT :
The Honourable THOMAS PENN, Esqr., Proprietor.
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
James Logan,
Clement Plumsted, Esqrs.
Samuel Preston,
Samuel Hasell,
The Shawonese Indians being again sent for and seated, The Governour told them That as the old Men have died, Young have succeeded to their Places, it is thought necessary that a new Treaty of the same Substance with that made with their Father William Penn, should be entered into, and that therefore he had ordered one to be prepared to be signed both by them and us, that when they returned home they might shew it to their Young People, and
346
MINUTES OF THE
inform them of the Obligations they are under to preserve that Friendship inviolable which had so long subsisted.
The Treaty being then read Paragraph by Paragraph, and inter- preted, they freely and unanimously agreed to it and executed im- mediately, which is as follows, Viz *:
Be It at all time to come Remembered That on the First Day of August, in the Year of our Lord, One Thousand seven Hundred and Thirty Nine, and the Thirteenth Year of the Reign of King George the Second over Great Britain, &c., at the City of Phila- delphia, in the Province of Pennsylvania, it was concluded, stipu- lated, and fully agreed upon by and between the Honble John Penn, Thomas Penn, and Richard Penn, Esqrs., true and absolute Proprietaries of the said Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware, Sons of the Honble William Penn, Esqr., first Grantee and Proprietor of the said Pro- vince, in behalf of all the English and other Christian Subjects of the said King Inhabiting the said Province, one. the one part, and Kaycowocker, Newcheconer, Tomenebuck, Meshemethequater, Chiefs of the Nation of Shawonese Indians, in behalf of themselves and the whole Body of the People of the said Nation dwelling on the great River of Sasquehannah, as also on or near the great River called Ohio, otherwise Alleghenny River, or in any other part of America within the claims of the King of Great Britain, on the other part, in manner following; that is to say, That the Union and Friendship now so happily subsisting, shall be maintained, culti- vated, and improved by and between the subjects of the said King of Great Britain inhabiting America and all the People of the said Shawonese Nation, in all times to come, and that the same shall be inviolably preserved without any Let, Obstruction, or Interruption while the Sun, Moon, and Stars endure. That all the severall Ar- ticles agreed upon at Philadelphia the Twenty-Third Day of April, in the Year One Thousand seven Hundred and One, by the said William Penn, and the several Nations of Indians then dwelling on or near the said River Sasquehannah, of whom the said Nation of the Shawonese, under their King Wopaththaw, alias Opessah, was one, and now read and interpreted to the said Shawonese, shall be inviolably observed in all and singular the Parts thereof by all and every the Parties to these Presents.
And Whereas, the said Shawonese having left their former Habi- tations, are now for the benefit of their Hunting removed to much greater Distances from the Christian Inhabitants of the said Pro- vince than formerly they were at the time of entering into the said agreement, they, the said Shawonese, do hereby, for themselves and the rest of their Nation, solemnly promise and Engage, that always bearing in mind the said Articles and Covenants entered into by their Ancestors, they, wherever they may be settled, shall behave on their parts as true Friends & Brothers to the Christian Inhabi-
347
PROVINCIAL COUNCIL.
tants of the said Province, and will not by any Motives or persua- sions be induced to join with any Nation whatsoever who shall be in Enmity with the Subjects of the Crown of Great Britain, in any Acts of Hostility against them.
In Witness whereof, the said Thomas Penn and the Honble George Thomas, Esquire, Lieutenant Governour of the said Province, and Kaycowockecor, Neweheoner, Tomenebuck, Meshemethequater, the Chief of the Indians above mentioned, have hereunto set their Hands and Seals the Day and Year first above written.
Signed, Sealed, and Delivered in the Presence of,
James Logan, Samuel Preston, & Counsellours.
Clement Plumsted,
Samuel Hasell,
Kaashawkaghquillas, Palakacouthater, Morcottawcollo,
Indians.
Thomas Penn, George Thomas,
Kaycowockewr, K Newcheioner, M
Thomas Freame, Jun"",
Tomenebuck,
Thomas Lawrie, Secretary, George Miranda, Interpreter.
Then being told that we had now finished what we had to say, they are at Liberty to return Home when they should have suffi- ciently refreshed themselves, and that a Waggon should be ready to carry some of the old Men and the Baggage a part of the way, some Liquor being likewise called for; they were wished a good Journey, and having drank, withdrew.
At a Council held at Philadelphia, August 9th, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minutes of the last Indian Treaty being laid before the Board, were approved.
The Assembly having informed the Governour by two of their Members on Monday evening last, that they were met according to adjournment, and were ready to receive any thing the Governour had to lay before them.
348
MINUTES OF THE
The Governour answered That he had nothing at that time, but should any thing occur during their sitting, he would communicate it to them.
James Logan, Esqr., having declined the place of Chief Justice, a Commission was ordered to be prepared appointing Jeremiah Langhorne, Esqr., Chief Justice; Thomas Greeme, Esq., Second Justice; and Thomas Griffitts, Esq., Third Justice.
Many Representations having been made to the Governour of a want of Justices on the other side of Sasquehannah, and Richard Oeahain and John Reynolds being recommended as proper Persons for that office, a Commission was ordered to be prepared appointing them Justices there.
The Assembly in their Address to the Proprietor in January last, having requested him to allow further time to such as had unwar- rantably settled upon and not paid for their Lands, and having promised to join with the Governour in an Act for protecting the Property of the Proprietors and others from such unjust Intrusions for the future, The Governour sent the following Message to the House by his Secretary, Viz':
" The Governour in Council to the Gentlemen of the Assembly. " Gentlemen :
"In regard to the Application of your House in January last, on behalf of several Persons who have unwarrantably possessed themselves of the Proprietor's Lands, and of others who have not comply'd with their Contracts, they have been suffered to con- tinue unmolested on their Lands ; And as you then judged that an Act might be necessary, as well for protecting the Property of many others as that of the Proprietor's from such unjust Intrusions for the future, and promised to Join with me in passing such an Act, I shall order it to be immediately prepared and laid before you.
"GEORGE THOMAS."
To which the Assembly returned the following Answer, Vizt:
" A Message to the Governour from the House of Representatives :
" May it please the Governour :
"We are truly sensible of our Proprietor's Regard to our Applica- tion in favour of the People settled upon their Lands, and hope the Parties concerned will so conduct themselves for the future as that there may be no just Cause of Complaint against them : But the Season of the Year being inconvenient for continuing this Session longer, we shall take care to recommend it to the succeeding Assem- bly, to join with the Governour in such a Law as may effectually. secure the interest of the Proprietors, as well as others, against such unjust Intrusions, and as may enable the Proprietors to obtain Justice from those who are scated upon their Lands, and shall not
349
PROVINCIAL COUNCIL.
in a reasonable time comply with the Conditions upon which they seated those Lands, and especially for preserving the Peace of the Government; To which we hope the House of Representatives of this Province will have a due Regard.
"Signed in behalf of the House.
" ANDREW HAMILTON, Speaker. "7th Mon., 10th, 1739."
" The Governour likewise, with the following Megsage, sent down all the Accounts of Expence on the Treaty with the Shawonese Indians.
" The Governour in Council to the Gentlemen of the Assembly :
" Gentlemen :
"I herewith send you the several Accounts of Expence on the last Treaty with the Shawonese Indians. After a due Examination, I promise myself that you will give such Order for the Payment of them as shall be agreeable to the Honour and Interest of the Pro- vince.
" If your House desire to see the Treaty at large, I will order it to be copied and laid before you.
"GEORGE THOMAS."
Doctor Thomas Greeme being appointed by the Governour, with the Consent of this Board, to visit all the Ships arriving with Pala- tines from Holland the last Fall, sent the following Message to the Assembly, Viz* :
" The Governour in Council to the Gentlemen of the Assembly.
" Gentlemen :
" The Condition of the Passengers which arrived here last Year from Holland made it necessary for me to appoint a Phisician to visit the Ships which brought them, and at my Desire Doctor Thomas Greeme undertook that Office, and executed it, as well to the Prejudice of his other Business as to the endangering his own Health. As my Conduct in that Affair was approved of by you, I can not doubt of your making him a suitable Recompence.
" GEORGE THOMAS."
The Minutes of the Treaty with the Shawonese Indians were, at the Desire of the Assembly, laid before them, and were afterwards returned to the Secretary.
350
MINUTES OF THE
At a Council held at Philadelphia, August 20th, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Ralph Assheton,
Anthony Palmer,
Samuel Hasell, Esqrs.
Clement Plumsted, Thomas Griffitts,
The Minutes of the ninth Instant were read and approved.
His Honour, the Governor, having laid before the Board His Majesty's Warrant under His Royal Sign Manual, for granting Letters of Marque & Reprisal against the Spaniards, and his Grace the Duke of Newcastle's Letter to the same purpose, with a draught of a Proclamation for making the same Publick, agrecable to his Majesty's Order, the same was approved of, and is as follows, Vizt :
"By the Honourable George Thomas, Esqr., Lieutenant Governour and Commander-in-Chief of the Province of Pennsylvania, and the Counties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
"Whereas, His Majesty, by his Warrant under his Royal Sign Manual, has been graciously pleased to signify unto me his Royal Will and Pleasure in the Words following, viz. :
" George R. :
"Trusty and Well beloved, We greet you well. Whereas, several unjust Seizures liave been made, and Depredations carried on in the West Indies, by Spanish Guarda Costas and Ships acting under the commission of the King of Spain, or his Governours, contrary to the Treaties subsisting between us and the Crown of Spain, and to the Law of Nations, to the great prejudice of the Lawful Trade & Com- merce of our Subjects, and many Cruelties & Barbarities have been exercised on the Persons of such of our Subjects whose Vessels have been so seized by the said Spanish Guarda Costas. And Whereas, frequent Complaint has been made to the Court of Spain of these unjust Practices, and no Satisfaction or Redress been procured ; And Whereas, a Convention for making Reparation to our Subjects for the Losses sustained by them on Account of the unjust Seizures and Captures above mentioned, was concluded between us and the King of Spain on the fourteenth day of January last, N. S., by which Convention it was stipulated That a certain Sum of Money should be paid at London, within a Term specified in the said Con- vention, as a Ballance due on the part of Spain to the Crown & Subjects of Great Britain, which term did expire on the twenty-fifth day of May last, and the Payment of the said Sum agreed by the said Convention has not been made according to the Stipulation for that Purpose, by which Means the Convention above mentioned has
351
PROVINCIAL COUNCIL.
. been manifestly violated and broke by the King of Spain, and our Subjects remain without any Satisfaction or Reparation for the many great & grievous Losses sustained by them, We have thought fitt, for the Vindicating the Honour of our Crown, and for procuring Reparation and Satisfaction for our injured Subjects, to Order Re- prisals to be made upon the Crown and Subjects of Spain. And We do therefore by Virtue of these Presents, authorise and im- power you to issue forth and grant Commissions of Marque and Reprisal to any of our loving Subjects or Others who shall apply to you for the same, and whom you shall deem fitly qualified in that Behalf, for arming and fitting out private Ships of War for the apprehending, seizing, and taking the Ships, Vessels, and Goods belonging to the King of Spain, his Vassals and Subjects, or any inhabiting within his Countries, Territories, and Dominion in the West Indies. Provided always, that before any such Commission or Commissions be issued forth, Security be given upon every such Com- mission as hath been used in such Cases, and you shall insert in every Commission to be so granted by you, all such Clauses, and give such Directions and Instructions to the Persons or Persons to whom you shall grant such Commission, as have been usual in Cases of the like nature, and for so doing this shall be your Warrant; and so we bid you Farewell. Given at our Court at Kensington, the fifteenth day of June, One thousand seven hundred and thirty-nine, in the Thirteenth year of our Reign.
"By His Majesty's Command, "HOLLIS NEWCASTLE."
"Now to the End that His Majesty's Subjects under my Govern- ment may be upon their Guard to prevent any Mischief they might otherwise suffer from the Spaniards, in Revenge for the Measures His Majesty is obliged to take to do Himself and His Subjects Justice, and that they may in their several Stations annoy the Subjects of Spain in the best manner they are able, I am com- manded to make publick His Majesty's said Orders. And it is further His Majesty's Royal Will and Pleasure, signified to me by his Grace the Duke of Newcastle, one of His Majesty's principal Secretaries of State, That no Amunition. or Stores of any Kind whatsoever be carried to the Spaniards, under Pain of His Majesty's highest Displeasure, and of being rigorously and severely prosecuted for the same, of which all Magistrates, Officers, and others, are to take Notice, and to use the most effectual Methods for prevention thercof.
"Given under my Hand and the Great Seal of the Province of Pennsylvania, at Philadelphia, the Twentieth day of August, Anno Domini, One thousand seven hundred and thirty-nine, and in the thirteenth of his Majesty's Reign.
" GEORGE THOMAS. "By Command-THOMAS LAURIE, Secretary.
"GOD SAVE THE KING."
352
MINUTES OF THE
A Letter from Samuel Ogle, Esquire, of the third instant, relating to the Lines for the Temporary Jurisdiction of the two Provinces, was likewise laid before the Board and read.
-
At a Council held at Philadelphia, October 3rd, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston, Clement Plumsted,
Ralph Assheton, Thomas Griffitts,
Esqrs.
The Minutes of the 20th of August last were read and approved.
His Honour the Governour laid before the Board the Returns for Sherifs and Coroners for the County of Philadelphia. Septimus Robinson and Isaac Leech being returned for Sheriffs, and Owen Owens and David Evans being returned for Coroners, Commissions were Ordered to be made out for Septimus Robinson as Sherif and Owen Owens as Coroner for the Year Ensuing. Benjamin Davies and John Parry being returned as Sherifs, and Awbrey Bevan and Evan Ellis as Coroners for Chester County, It is ordered that Com- missions be made out for John Parry as Sherif and Awbrey Bevan as Coroner for the Year Ensuing. The Returns for Bucks County were laid before the Board. John Hart and Francis Hague being returned for Sherifs, and William Atkinson and Benjamin Taylor for Coroners, a Commission was Ordered to be made out for William Atkinson as Coroner for the Year Ensuing. And as Francis Hague has not presented himself to the Governour agreeable to the Law in that Case made and provided, It is resolved to take further time to consider of it before a Commission be issued.
At a Council held at Philadelphia, October 4th, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minutes of Yesterday were read and approved.
The Returns of Sherifs and Coroners for Lancaster County were laid before the Board. James Mitchell and Robert Buchannan being returned for Sherifs, and Joshua Lowe and James Rudy for Coroners, Commissions were ordered to be made out for Robert
353
PROVINCIAL COUNCIL.
Buchannan as Sherif and Joshua Lowe as Coroner for the Year Ensuing.
The Return for Sherif for Bucks County being again considered, It is ordered that a Commission be made out for Jobn Hart for Sherif for the Year Ensuing.
At a Council held at Philadelphia, October 16th, 1739. PRESENT:
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Samuel Hasell,
Thomas Laurence,
"Thomas Griffitts, Esqrs.
Ralph Assheton,
The Representatives having by five of their Members informed the Governour, George Thomas, last night, that they had met according to their Charter, and had made choice of a Speaker, and desired to know when the Governour would be attended to present him. The Governour appointed Eleven of the Clock this day, when they at- tended accordingly, and John Kinsey, Esqr., after some excuses made for his want of Capacity and Experience, declared his willing- ness to undertake that Charge, if he should meet with the Gov- ernour's Approbation ; to which the Governour answered :
" Your Character, Sir, sets you above all Exception, and I should betray a want of Judgment if I did not approve of the Choice the Assembly has made of you for their Speaker."
The Speaker then made the usual Requests on behalf of the House and 'himself, in regard to their Priviledges or his Mistakes ; to which the Governour replied :
" As I have never hitherto invaded any one of the Assembly's Priviledges, I have too great a regard for my own Reputation ever to act in a different manmer."
Then having desired the attendance of the Assembly at four this Afternoon, and the Assembly being withdrawn, the Governour laid before the Board a Draught of a Speech he intended to deliver to. them ..
VOL. IV .- 23.
354
MINUTES OF THE
EODEM DIE, P. M.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esqrs.
Thomas Laurence,
Thomas Griffitts, J
The Speaker and the Members of the Assembly attending, the Governor made the following Speech, and delivered a Copy of it to. the Speaker, viz* :
" Mr. Speaker, and Gentlemen of the Assembly :
" The Measures His Majesty has thought himself obliged to take for the Support of the Honour and Dignity of his Crown, the Security of the just Rights of his Subjects, & the good and safety of his Dominions, by ordering the Ships and Effects of the King of Spain and his Subjects to be seized, ought to caution us to be upon Guard to prevent any Mischief we might otherwise suffer from the Spaniards in Revenge for these Measures. And as there is too much Reason to apprehend, by all our Accounts from Europe, that a Neighboring Nation, powerful and watchful of all Advan- tages, will join with Spain, and that a bloody & destructive War is like to Ensue, My Duty to His Majesty, my Resolution faith- fully to discharge the Trust committed to me, and my .concern for your Safety, will not allow me to be silent in a time of so great danger.
" I therefore earnestly recommend to you to turn your thoughts upon the defenceless State of this Province, and to put it into such a Condition, before it be too late, as become Loyal Subjects to His Majesty, and Lovers of your Religion and Liberties.
"The Miseries of a City sack't, or a Province ravag'd, are more. easily imagined than described; and if attended to must influence every Lover even of his own Family to defend that part of it, which from Sex or Age must depend upon him for Protection from the Insolence and Wickedness of Licentious Invaders.
" As the situation of Affairs in Europe gives me reason hourly to expect His Majesty's Commands to lay before him the Strength and Circumstances of this Government, I hope your Resolutions will be such as will tend to preserve His Majesty's Regard for you, to the Security of this Province, and I may say of this part of the British Empire in America, since the loss of it must greatly en- danger the whole; And that you will not be unmindful of His Majesty's, your own, and the general Honour and Interests of these
355
PROVINCIAL COUNCIL.
parts of His Majesty's Dominions, when the neighbouring Pro- vinces are vigorously pursuing these laudable Ends,
" October 16th, 1739."
Then the Assembly withdrew.
At a Council held at Philaadelphia, October 18th, 1739, PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Ralph Asheton,
Thomas Griffits,
Esqrs.
The Governour communicated to the Board a Message which he received last night from the Assembly, which was read, and is as follows, viz* :
" October, 17. 1739, P. M. The House resuming the Consider- ation of the Governor's Speech, after some Debate thereupon, came to a Resolution that the Message following be sent to the Gov- ernor, viz* :
" Resolved,
"That Robert Jones, Edward Warner, Joseph Kirkbride, Joseph Harvey, and John Wright, wait upon the Governor & acquaint him That the House having taken his Speech into their Consider- ation, and conceiving it in its Nature a Matter of very great Im- portance, such as will require Time and Deliberation, and the Gov- ernor being in a short time to give his Attendance in another Place, and this being a Season of the year in which the House rarely sit for the Dispatch of the publick Business, and apprehend- ing that no inconvenience can arise by postponing the Consideration thereof until their next Meeting, Therefore, if the Governor has nothing to object to it, the House incline to adjourn until the thirty-first Day of December next.
"Signed by Order of the House, "JOHN KINSEY, Speaker."
And then laid before the Board an Answer which he had pre- pared; which was read & agreed to, and then sent to the Assembly by the Secretary :
" Gentlemen --
" When I spoke to you last I was not ignorant of its being un- usual for Assembly's to sit to do Business at this Season of the Year; but the threatening aspect of Affairs in Europe made me justly
356
MINUTES OF THE
Apprehensive that a Delay might be attended not only with Incon- veniences but with very great Danger ; &, therefore, I promised my- self that your House would wave a Rule no ways Essential, to have enter'd upon a Matter of as great Importance as perhaps was ever laid before an Assembly of this Province, and upon which the Se- curity of it, under God, depends. 1
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.