USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 66
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The Governor then demanded the Attorney General's Opinion whether he could legally comply with the Prayer in the Close of the said Address, by interposing his Authority to remove the Cognizance of the said Riot from before the City Magistracy, before whom the same is now under a regular Prosecution to the Justices of the Su- pream Court, in a Court of Oyer & Terminer to be held for that purpose.
Mr. ffrancis, the Attorney General, having Perused the City Charter And the Act of Assembly Establishing Courts of Judicature (both which lay before him), delivered it as his Opinion, that the Supream Court has not power to restrain the Tryal of these Offend- ers before the Mayor's Court, as the Mayor's Court has Authority by Charter to hear and Determine all Riotts Committed within the City, unless legal Application be made to the Judges of the Supream Court on behalf of the Crown, or by the Defendants for the Ordi- nary Restrictive & Mandatory Writts, That the Justices of the Su- pream Court as Judges of Oyer & Terminer or Goal Delivery have no Cognizance of any Crimes less than Capital, And that if the Gov- ernor should order the Justices of the Supream Court to interpose in this Affair, such Order would be contrary to Law, and an Attempt to invade the Rights of the Corporation granted by the said Charter.
The Board then took into Consideration the City Charter & Law for establishing Courts of Judicature, and after deliberation & de- bate thereon, the Governor demanded their Opinions severally, And the Unanimous Opinion of the Board is, That the Governor cannot legally and ought not to interpose his Authority to remove the Cog- nizance of the Riot aforesaid from before the City Magistrates, as by the prayer of the Address aforesaid is desired.
Whereupon the Governor sent the House the following Answer to their Address, Vizt .:
" Gentlemen-
"By the Charter granted by the first Proprietor to the City of Philada., the Mayor, Recorder, and Alderman of the said City are Justices of the Peace and Justices of Oyer & Terminer, and are impower'd to Act within the said City & Liberties thereof as fully and amply as any Justice or Justices' of the Peace of Oyer & Ter- miner can or may do within the said Province.
" And they, or any four or more of them, have power and Au- thority to hear and enquire into all and all Manner of Treasons, Murthers, Manslaughters, and all manner of ffelonies and other Crimes and Offences, Capital & Criminal, whatsoever, according to
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the Laws of this Province and of the Kingdom of England ; with a power also to Hear & Determine all petty Larcenies, Routs, Riots, & unlawful Assemblies ; and to try & Punish all persons that shall be Convicted for Drunkenness, Swearing, Scolding, Breaking the Peace, or such like offences which are by the Laws of this Province to be punished by ffine, Imprisonment, or Whipping, &t.
" The Law likewise. by which the Supream Court is Established, has provided that nothing therein contained shall deprive or abridge the Mayor, Recorder, and Alderman of the City of Philada. of any powers or privileges, Jurisdictions or ffranchizes, granted them by Charter or the Laws of this Province.
" ffrom hence it appears to me that the Mayor's Court hath an uncontroulable power to proceed on the Tryal of the persons accused of the Riotous Assault made on the Inhabitants at the late Elec- tion ; and the Council, with whom I advised the next morning affer my return from N. Castle, do unanimously concur with me in Opin- ion, that the taking upon myself a Power to recommend or direct what Courts shall or shall not take Cognizance of this or any other Cause, may not only be of bad Example to succeeding Governours, but be of the most dangerous Consequence to the Liberties of the People ; and I am perswaded that when you have Coolly recon- sider'd the Matter you will be of the same Opinion.
" GEO. THOMAS.
" Nov. 6th, 1742."
At a Council held at Philada., Nov". 20th, 1742,
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieuten" Governor. Samuel Hasell, Ralph Assheton, Abraham Taylor, S
Esqrs. William Till,
The Governor laid before the Board a Petition he had lately re- ceived from Titami, Capt". John, and sundry other Delaware Indians, setting forth that having embraced the Christian Religion and at- tained some small Degreeof Knowledge therein, they are desirous of living under the same Laws with the English, and praying that some place might be allotted them where they may live in the En- joyment of the same Religion & Laws with them.
Titami & Capt" John attending were called in, and being interro- gated by the Governor concerning their Knowledge of Christianity, it appeared they had very little if any at all. Being then asked if they understood the Scope and Purport of their own Petition, and whether they had not been made acquainted with what had past at the Grand Treaty with the Six Nations in summer last, It appeared that their purpose was to evade the force of the Injunctions laid on
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them at the said Treaty by the Chiefs of the Six Nations, who had commanded all the Delaware Indians without Exception to remove from the Lands on Delaware where they then dwelt, and which their Ancestors had twice sold to the Proprietors, back to Wyomin or Shamokin.
The Governor then Order'd Canassatego, the Onondago Chief's Speech to the Delaware Indians at that Treaty to be read to them ; And being asked if they understood it, they said Yes; but that they had not been truly informed of it before by the Delawares that were present.
The Governor then told them they now saw what Inconveniences they were reduced to by the ill Behaviour of the Delawares ; they acknowledged it, and express'd their Concern at the Conduct of their Countrymen.
Titami represented that he was lawfully possessed of three hun- dred Acres of Land by a Grant from the Proprietor; and that ha was desirous of continuing to live there in Peace and ffriendship with the English.
Capt™ John declared that tho' he had no Land of his own as Yet, he intended to buy some if he might be allowed to remain amongst the English.
They were then order'd to withdraw; And
The Board taking this matter into Consideration, are of Opinion that it is by no means fit to comply with the general Pray'r of the said Petition, for that it might not only be resented by the six Na- tions, but be a means of reviving the Dissentions lately fomented by the Delawares ;
But if these two men could obtain the Consent of the six Nations for them to remain amongst the English, it might be granted them.
The Indians were then again called in, and the Governor, with the Concurrence of the Board, gave them for Answer :
That in Consideration of his having some Knowledge of them, and of their good Behaviour towards the English, he would agree, provided they could obtain the Consent of the Chiefs of the six Nations, that they two should be suffered to remain in the neigh- bourhood of the English, but that Capt" John must remove from the Land where he now dwells, that being the Property of Persons who bought it from the Proprietors; And they were to understand that the other Petitioners were by no means to be included in this Permission, nor any other of the Delaware Indians, whom they called their Cousins, nor any besides themselves and their proper families dwelling in the same Houses with them; And this the Governor frequently repeated to them that they might not pretend Misapprehensions, and with this Answer they were dismist.
VOL. IV .- 40.
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At a Council held at Philada., Jan'y. 3d, 1742-3.
PRESENT :
The Honbl GEORGE THOMAS, Esqr- Lieutt- Governor.
Thomas Laurence,
Samuel Hasell,
Ralph Assheton William Till,
Esqrs.
Abraham Taylor, Robert Strettell,
The Minutes of the preceeding Council were read and approved.
The Governor then laid before the Board four several Bills from the Assembly, Viz" :
" AN ACT for continuing and amending an Act of Assembly En- tituled 'A Supplement to the Act for Electing Members of As- sembly.'"
" AN ACT for the more Easy and Speedy recovery of small Debts."
" AN ACT for naturallizing such foreign Protestants as are settled or shall Settle in this Province who not being of the People called Quakers do conscientiously refuse the taking of any Oath;"' &
" AN ACT for the Relief of the Heirs, Devisees, and Assigns of Persons, born out of the King's Liegance, who have been owners of Lands in this Province and have died unnaturalized."
All which were read the first Time.
At a Council held at Philada., Jan'y. 11th, 1742-3.
PRESENT.
The Honourable GEORGE THOMAS, Esq", Lieu" Governor,
Samuel Preston, Clement Plumsted, 7 Robert Strettell,
Samuel Hasell, William Till, Esqrs.
The Minutes of the preceeding Council being read and approved,
The Governor acquainted the Board that he had lately received a Message from the Assembly, desiring to be informed what Progress he had made in the Bills now before him, And that he had there- upon thought fit to send them the following Message, vizs .:
"The Governor to the Gentlemen of the Assembly. " Gentlemen :
" It is now more than two Years since any Provision has been made by the Assemblys of the Province for the support of Govern- ment, tho' my Publick Character has been maintained Partly at the Expence of my Private ffortune.
" As I am not Conscious of the least ffailure in my Duty to his Majesty or to the Honble the Proprietaries, and shall be at all Times
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willing to give the Amplest Proofs of my regard for the Peace and Prosperity of the People You represent, I promise my self that You, on your parts, will Act so as to deserve the Name which the Hopes of all good Men have designed You, Of the Healing Assembly.
" GEO. THOMAS.
" Jan'y. 8th, 1742-3."
Then was read a second Time the Bill Entituled
" AN ACT for continuing and amending an Act of Assembly, En- titled ' A Supplement to the Act for Electing Members of As- sembly.' "
On which no Observations were made.
Also, was read the Bill for the more easy and speedy recovery of small Debts, which is Committed to Mr. Plumsted and Mr. Hasell for Amendments.
Respecting the Bills entitled
" AN ACT for Naturalizing such foreign Protestants as are settled or shall settle in this Province who not being of the People called Quakers do conscientiously refuse the taking of any Oath; And
" AN ACT for the Relief of the Heirs, Devisees, and Assigns of Persons born out of the King's Liegance, who have been Owners of Land in this Province, & have died Unnaturalized."
The Governor proposed the following Message to be sent to the Assembly, which being Approved was sent Accordingly.
" Gentlemen :
" As the Bill entitled an Act for the Relief of the Heirs, Devisees, and Assigns of Persons born out of the King's Liegance, &t., seems to me to affect the Rights of the Honble the Proprietors, I think my self obliged in Duty and Justice to make them acquainted with it, and shall therefore decline any Observations of my own upon it until I receive theirs; since they have not taken any Advantage hitherto of the Heirs of such fforeigners as have bona fide purchased and paid for Lands and have died unnaturalized, future severities are the less to be apprehended from them.
" Upon a Review of the King's attorney and sollicitor Generals' Report on a Supplementary Act prescribing the forms of Declara- tion of ffidelity, &t., passed since my coming to the Government, and his Majestie's Disallowance of it, I am of Opinion that a Naturaliza- tion Bill in the Method Usual here, or a Bill with a particular de- signation of all the Religious Societies of fforeigners that conscien- tiously refuse the taking any Oath, will be more likely to receive the Royal Approbation than the Bill now before me, as either of them will be less dangerous to Society in General, and be more Conform- able to the British Acts of Parliament.
"GEO. THOMAS.
" Jan'y. 12th, 1742-3."
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At a Council held at Philada., Jan'y. 14th, 1842-3.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieuten. Governor.
Thomas Laurence, William Till,
Abraham Taylor, Robert Strettell, Esqrs.
The Minutes of the preceeding Council being read, the Governor laid before the Board a Message he had received from the Assembly in Answer to his of the 8th Instant, which is in these Words, Vizt. :
A Message to the Governor from the Assembly.
" May it please the Governor :
" As we are sincerely disposed to cultivate a good Understanding with our Governor, and have the Interest of our Constituents much at Heart, the Declaration he is pleased to make, 'that he shall be at all Times willing to give the amplest proofs of his regard for the peace and Prosperity of the People we represent,' is very acceptable to Us, and encourages Us to hope that the Bills which now lye be- fore him, and such others as shall be thought necessary for the pub- lick Good, will not fail of his ready Concurrence; And we on our Part do Assure the Governor that we are of the Opinion that Go- vernment should be honourably maintained ; And whenever he shall be pleased to give his Assent to those Bills we shall cheerfully make such Provision for his Support as may demonstrate our sincerity and the desires we have of becoming 'the Healing Assembly.'"
" Signed by order of the House. "JOHN KINSEY, Speaker. "11th Mon. 11, 1742."
The Governer then acquainted the Board that two Members of Assembly, by Order of the House, had yesterday waited on him with a Copy of a Resolve and Order as follows :
"In Assembly, 11 Mon. 13, 1742, A. M.
" The House resuming the Consideration of the Bill entitled An Act for naturalizing such foreign Protestants as are settled or shall settle in this Province, who not being of the people called Quakers, do conscientiously refuse the taking any Oath, and the Amend- ment proposed to the same,
" Resolved,
"That Owen Evans & Samuel Levis wait on the Governor with the said Bill, and Acquaint him that as the Indulgence granted by the Act for Advancement of Justice (approved of in England) to those who Conscientiously scruple an Oath is General, the House are of Opinion that the Bill in the Terms it is now conceived will best answer the purposes intended; And, therefore, they hope the
·
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Governor will give his Assent to the Bill as it is now form'd; Nevertheless, that if the Governor shall persist in his Sentiments that the Names of the several Religious societys ought to be inserted rather than the Bill should Miscarry, the House are willing to agree to the Amendmt proposed.
" It is also Order'd, That the same Members acquaint the Governor that the House are desirous of being informed what progress is made in the other Bills which lye before him.
" Copy from the Minutes.
"B. FFRANKLIN, CI :"
" Whereupon the Bill for naturalizing such foreign Protestants, &t., who conscientiously refused the taking any Oath, was read the third Time, and immediately sent to the House by the Governor, with the Concurrence of the Board, together with a Verbal Message as follows :
"The Governor commands me to acquaint the House that the Act for the Advancement of Justice had been under his Considera- tion before he proposed the Amendment to the Bill for naturallizing foreign Protestants, &t., & had Observed that the Indulgence is general; Yet he was and is of Opinion that the inserting the names of religious Societies of fforeigners will render the Bill less like to Objection in England, as it will be more Conformable to the British Acts of Parliament. Should the House, however, continue to think otherwise, he is willing to wave the Amendment rather than the Bill should be postpon'd for such a length of Time, as it may require to inform himself of the several Religious Societies of fforeigners that Conscientiously refuse to take an Oath.
"Then was read the third Time the Bill for continuing and amending an Act of Assembly entitled a Supplement to the Act for Electing Members of Assembly ; And also the Bill for the more easy & speedy recovery of small Debts.
" And it is agreed by the Board that the Governor send the said Bills as they are to the House, when he shall see Proper."
At a Council held at Philada., Jan'y. 24th, 1742-3.
PRESENT :
The Honble GEORGE THOMAS, Esq., Lieutenant Governor. Clement Plumsted, Thomas Laurence, Esqrs.
Samuel Hasell, Robert Strettell,
The Minutes of the preceeding Council were Read and approved.
Then four several Bills from the Assembly intitled as follows, Vizt :
" AN ACT for vesting the Province Island and the Buildings
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thereon erected in Trustees for providing an Hospital for such sick Passengers as shall be imported into this Province, and to prevent the spreading of infectious Distempers."
" AN ACT for the better securing the Peace at Elections of Re- presentatives to serve in the General Assembly of this Province."
"AN ACT for the more easy recovery of Legacys within this Province;" And
"AN ACT imposing a Duty on Persons Convicted of henious Crimes brought into this Province and not warranted by the Laws of Great Britain, and to prevent poor and impotent Persons being im- ported into the Province of Pensilvania,"
Were read the first Time.
At a Council held at Philada., Jan'y. 24th, 1742-3, P. M. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Samuel Preston,
Clement Plumsted,
Samuel Hasell,
William Till, Esqrs.
Abraham Taylor,
Robert Strettell,
The Governor acquainted the Board that he had this Day re- ceived Information from one Thomas Mcghee, an Indian Trader, of a Skirmish which had lately happened in Virginia between some of the Inhabitants there and a party of Indians of the six Nations, and of some Passages and Transactions consequent thereupon; that he had directed the said Mcghee to cause his Knowledge thereof to be committed to writing, and that he should attend the Council there- with as at this Time.
Accordingly the said Thomas Mcghee came, and the Information he had to give being drawn up in form of an Affidavit, the same was distinctly read to him, and he made Oath to the truth thereof and signed the same.
Which Affidavit is as follows, Viz *:
Pennsylvania ss.
The Deposition of Thomas McKee of Lancaster County, in the Province of Pennsylvania, Trader, taken this 24th Day of January, in the Year of our Lord, 1742-3, Before the Honourable George Thomas, Esqr., Lieut". Governor and Commander-in-Chief of the said Province, &t., Who, upon his Oath, Saith : that he, this De- ponent, being concerned in the Indian Trade, has a Store settled at an Indian Town on the South Branch of Sasquehanna River near an Island called the Bigg Island, inhabited by the Shawna Indians, And that on the 12th or 13th of this Instant, January, about seven
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o'Clock in the Morning, the Indians of the Town came to this De- ponent's Store and told him they had heard the Dead Hollow, & were much surprized at it, And soon after the same Hollow, as from the Bigg Island, was repeated in the hearing of this Deponent; Whereupon he, this Deponent, with a Servant of his took a Canoe and went over to the Island, And in his Passage heard the Indians belonging to the Town call over to those on the Island and ask them what was the Matter, to which they answered that the White Men had kill'd some of their Men; And on this Deponts. coming to them on the Island, He saluted them according to the usual Way, say- ing How do you do my ffriends? At which they shook their Heads and made no Answer, But went over to the Shawna's Town; And this De- ponent further Saith, that there were ten in Number of those Indians, and that they belong'd to the five Nations, And on their Coming to Town, imediately a Council was called, and this Deponent attended at the Council house and was admitted, And on opening the Council, The Chiefs of those ten Indians made a Speech to the Shawnas of the Town, Wherein he acquainted them that a Party of Indians of the five Nations, to the number of thirty (of which these ten were a part), sometime last ffall came down Sasquehannah in their Canoes to John Harris's, and from thence proposed to Travel thro' Penn- sylvania and the back parts of Maryland and Virginia against some Southern Indians, And that they applyed to John Hogg, Esq., one of the Magistrates of Lancaster County, for a Pass for their safe trav- elling thro' the Inhabited parts of Pennsylvania, which they ob- tain'd, but were told by him at the same Time that it would be no protection for 'em out of this Province, And that the back Inhabi- tants of Virginia might perhaps Use them ill if they travelled that Way, as there was no good Understanding between them ; That af. ter they had obtained this pass they pursued their Journey, beha- ving themselves Civilly & meeting with no Interruption or ill Usage from the White people till they came to Shanandore River, in Virginia, where having made a ffire and lodged at a small Distance from a white Man's House, the next Morning three of their Young Men went towards the House, and two of them only went in, where they found three or four white Men, who imediately seized the two Indians and attempted to bind them ; On which the third Indian went into their Assistance with a large ffrench Knife, And there- upon the White Men let the Indians go for that Time, But soon after pursued them towards their ffire place, And sent off a Man towards the thicker Settlements, as the Indians supposed to give Notice to the people and raise a great Number to pursue them, which put the Indians on hastily putting up their Bundles and Marching off; That they travelled a good Distance to another Plan- tation, and found they were pursued by the white people, They therefore Stopp'd at the Plantation, and call'd at the House, where they found a great Number of Men, who invited them into the House, and desired them to leave their Arms without, which some of the Indians comply'd with, But the most Cautious stay'd without,
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suspecting the Designs of the white People, And were uneasy till they got those who were in the House out to 'em again, and pur- sued their Journey, which they did the remaining part of that Day ; And that Early the next Morning, as they were tying up their Bundles in Order to proceed on their Journey, they heard a great Noise of Horses in the Woods coming toward them, and soon discovered a great Number of White Men on Horse- back with ffire Arms & Colours fflying; On which appearance their Captain order'd them not to fire till they should see what the White Men would do, And that as the White Men came within shot they fir'd at the Indians and killed a Boy who was in the Rear. Then the Captain Order'd them to lay down their Bundles and turn about and fire, which they did accordingly, and some of the white Men dropp'd, particularly the Man who carry'd the Co- lours ; that then they engaged pretty close, insomuch that they did some Execution with their Tomhawks, and after a Sharp Engage- ment worsted the white Men, and they retreated, having lost ten Men, and the Indians only four besides their wounded; that the Indians carry'd off their Dead & wounded Men a small Distance and made a fire and gave their wounded such Physick as was most suitable, and the next Day went to the place where they had been engaged and found the Dead Bodies of the white Men and their Provisions strew'd upon the Ground, and their Horses grazing by them, and that they stripp'd the Dead Bodies and left them. That after this, upon a Consultation, these Ten Indians were dispatched to the five Nations to give them an Account of the Usage they had. met with, and to take Directions for their future Behaviour, with Orders that as there were different Sorts of white People, If they should meet any on the Road they should not meddle with them, least they should by mistake kill any of those who were in friend- ship with them. And further, that after these Indians were dis- patch'd to the five Nations they were pursued by the white People to Patowmeck River, and were obliged to take the River and nar- rowly escaped them; That when they cross'd the Allegany Path they observed the Tracts of Horses lately gone up that Way, but. concluding they belonged to the Pennsylvania Traders they would not pursue them, or in Words to that Effect.
And this Deponent further saith, that this Speech was deliver'd in the Mingo Language and interpreted to him in the Shawna,. which he well understands; And that when he, this Deponent, fully understood what had been thus delivered, He addressed himself to the Speaker in the following Manner : "My ffriend, the Disorders. that have happen'd are no ways owing to the People of Pennsyl- vania. We have always endeavoured to cultivate a good under- standing with you, and inviolably observe our Treaties, and are not answerable for what the People of another Province may impru- dently do. I therefore hope that you will observe your Treaty of Peace with Pennsylvania and suffer me to remain Safe among You."
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