USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 73
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" From the Time that We found Ourselves obliged for the Mainten-
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ance of the Just Rights of Our Subjects to enter into a War with Spain instead of observing a Strict Neutrality, which We might have Promised Ourselves on the Part of the French King, from whom We were even founded by Treaty to have demanded as- sistance, he has given Encouragement to Our Enemy's by conniving at his Subjects acting as Privateers under Spanish Commissions, both in Europe and America, and by Sending, In the Year One thousand Seven hundred and forty, a Strong Squadron into the American Seas, in Order to prevent Us from prosecuting the just War which we were carrying on against Spain in those Parts ; and We haye the most Authentick Proof that an Order was given to the Commander of the French Squadron not only to Act in a hostile Manner against Our Ships, either jointly with the Spaniards or seperately, but even to concert Measures with Our Enemies for attacking One of Our Principal Dominions in America ; a Duplicate of that Order, dated the Seventh of October, One thousand Seven hundred and forty, having fallen into the Hands of the Com- mander in Chief of our Squadron in the West Indies. This inju- rious Proceeding was greatly aggravated by the French Minister at our Court having Declared on Occasion of sending the said Squad- ron that the French King was very far from having any Design or Intention of breaking with Us.
"The same offensive Conduct was continued on the part of the French King toward Us by his Squadron in the Mediterranean, in the Year One thousand Seven hundred and forty-one, joining with and protecting the Ships of Our Enemy's, in Sight of Our Fleet, which was preparing to attack them.
" These unwarrantable Proceedings, the notorious Breach of Treaties by repairing the Fortifications and erecting New Works at Dunkirk, the open Hostilities lately committed against our Fleet in the 'Mediteranean, the affront and Indignity offered to Us by the Reception of the Son of the Pretender to our Crown in the French Dominions, the Embarkation actually made at Dunkirk of a Considerable Body of Troops, notoriously designed for an Invasion of this Kingdom in Favour of the Pretender to Our Crown, and the Sending a Squadron of French Ships of War into the Channel to Support the said Embarkation and Invasion, will be lasting Monuments of the Little Regard had by the French Court for the most solemn Engagements, When the Observance of them is incon- sistent with Interest, Ambition, or Resentment.
" We cannot omit taking notice of the unjust Insinuations con- tained in the French King's Declaration of War against Us, with respect to the Convention made at Hanover in October, One thou- sand Seven hundred and forty-one. That convention, regarding Our Electorate only, had no Relation to Our Conduct as King of Great Britain. The Allegations concerning it are groundless and Injurious-Our Proceedings in that Respect having been perfectly
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consistent with that good Faith which We have always made the Rule of Our Actions.
"It is unnecessary to mention the Objections made to the Beha- viour of Our Ministers in Foreign Courts, since it is notorious that the principal View and Object of the Negotiations of the French Ministers in the Several Courts of Europe have been either to Stirr up intestine Commotions in the Countries where they Resided, or to create Differences and Misunderstandings between them and their respective Allies.
" The Charge of Piracy, Cruelty, and Barbarity, against Our Ships of War, is equally unjust and unbecoming ; and We have all such Proceedings so much in abhorrence, that if any Practices of that Nature had been made appear to Us, We should have taken effectual Care to put a Stop to them, and to have punished the Offenders in the Severest Manner.
"We being, therefore, indispencibly obliged to take up Arms, and entirely relying on the Help of Almighty God, who knows the Uprightness of our Intentions, have thought fit to declare, and do hereby Declare War against the French King; and We will, in pursuance of such Declaration, vigorously prosecute the Same by Sea and Land, being assured of the ready Concurrence and assist- ance of all Our Loving Subjects in so just a Cause ; And we do hereby Will and require Our Generals and Commanders of Our Forces, Our Commissioners for executing the office of High Admiral of Great Britain, Our Lieutenants of Our Several Counties, Gov- ernors of Our Forts and Garrisons, and all other Officers under them, by Sea and Land, to do and execute all Acts of Hostility in the prosecution of this War against the said French King, his Vassals and Subjects, and to oppose their Attempts ; willing and requiring all Our Subjects to take notice of the same, whom We henceforth strictly forbid to hold any Correspondence or Communi- cation with the Subjects of the French King : And We do hereby command Our own Subjects, and Advertise all other Persons of what Nation soever, not to transport or carry any Soldiers, Arms, Powder, Ammunition, or other Contraband Goods to any of the Ter- ritories, Lands, Plantations, or Countries of the said French King; declaring that whatsoever Ship or Vessel shall be met withal trans- porting or Carrying any Soldiers, Arms, Powder, Ammunition, or other Contraband Goods to any of the Territories, Lands, Planta- tions, or Countries of the said French King, the same being taken shall be condemned as good and Lawfull Prize. And whereas there are Remaining in Our Kingdoms diverse of the Subjects of the French King, We do hereby declare Our Royal intention to be, that all the French Subjects who shall demean themselves dutifully towards Us, Shall be Safe in their Persons and Estates.
" Given at our Court at St. James', the Twenty-ninth day of March, 1744, in the Seventeenth Year of Our Reign.
"GOD SAVE THE KING."
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" His Majesty's most Gracious Declaration For the Encouragement of His Ships of War and Privateers.
" George R .:
"WHEREAS, We are engaged in a just and necessary War against France, and are resolved to Prosecute the Same with the utmost Vigour, in which, next to the blessing of Almighty God, We rely upon the experienced Fidelity, Zeal, and Courage of Our Subjects ; And being most graciously inclined to give all Encouragement to Our Faithfull Subjects Serving on Board Our Ships of War or Pri- vateers, We have thought fit, by Advice of our Privy Council, to publish and declare, and do by this, Our Royal Declaration, grant That the Flag Officers, Commanders, and Officers, Seamen, Marines, and Soldiers, on Board every Ship or Vessel of War in our Pay, and on Board Privateers, shall have the Sole Interest and Property of and in all and every Ship, Vessell, Goods, and Merchandizes and Effects Which they shall take during the continuance of this War against France, being first adjudged lawful Prize, in any of Our Courts of Admiralty of Great Britain or Ireland, or any of Our Plantations in America, or other the Dominions of Great Britain, but Subject to the Payment of all such or the like Customs and Duties as the same are now or would have been lyable to if the same were or might have been imported as Merchandizes, to be di- vided and distributed in such Proportions and after such Manner and on such Terms and Conditions as are herein after expressed concerning the same; that is to say, That the neat Produce of all such Prizes be divided into Eight equal Parts and be distributed as followeth, vizt .: To the Captain or Captains of any of Our Ships of War who shall be actually on Board at the taking of any Prize, Three-Eighth Parts; but in case any Prize shall be taken by any Ship or Ships of War under the Command of a Flag or Flags, the Flag Officer or Officers being actually on Board, or directing and Assisting in the Captures, Shall have one of the sd. three-Eighth Parts; To the Captains of Marines and Land Forces, Sea Lieuten- ants, and Master on Board any such Ships, One-Eighth Part, to be equally divided among them ; To the Lieutenants and Quarter-Mas- ter of Marines, and Lieutenants, Ensigns, and Quarter-Masters of Land Forces, Boatswain, Gunner, Purser, Carpenter, Master's Mate, Surgeons, and Chaplain, on Board any such Ship, One-Eight Part, to be equally divided among them; To the Midshipmen, Carpenter's Mates, Boatswain's Mates, Gunner's Mates, Master-at-Arms, Cor- porals, Yeomen of the Sheets, Coxswain, Quarter-masters, Quarter- masters' Mates, Surgeons' Mates, Yeomen of the Powder Room, and Serjeants of Marines or Land Forces on Board any Such Ships, One-Eighth Part, to be equally divided among them; To the Trum- peters, Quarter-gunners, Carpenters' Crew, Steward, Cook, Armour- er, Steward's Mate, Cook's Mate, Gunsmith, Cooper, Swabber, or-
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dinary Trumpeter, Barber, Able Seamen, ordinary Seamen, and Marine or other Soldiers, Two-Eighth Parts, to be equally divided among them. And in case any Sea Captain, inferior Commission or Warrant Sea officers, belonging to any Ship of War for whom any Shares of Prizes are hereby allow'd, be absent and not on Board at the time of the Capture of any Prize, the Share of such Sea Captain, inferior Commission or Warrant Sea Officer, shall be cast into the Shares hereby allow'd to the Trumpeter, Quarter-gunners, Carpenter's Crew, Steward, Cook, Armourer, Steward's Mate, Cook's Mate, Gunsmith, Cooper, Swabber, ordinary Trumpeter, Barber, able Seamen, ordinary Seamen, and Marines or other Soldiers, to be equally divided among them : Provided, that if any Officer or Offi- cers on Board any of our Ships of War at the time of taking any such Prizes shall have more Commissions or Offices than One, he or they shall be entitled only to the Share or Shares of such Prizes which, according to the above mentioned distribution, shall belong to his or their respestive Superior Commissions or Offices. And We do hereby strictly enjoin all and every Com- mander and Commanders of any Ships of War taking any Prize, as soon as may be, to transmitt, or cause to be transmitted, to the Commissioners of Our Navy, a true list of the Names of all the Officers, Seamen, Mariners, Soldiers, or others who were actually on Board our Ships of War under his or their Command at the taking such Prize; which List shall contain the Quality of the Service of each Person on Board, and be Subscribed by the Captain or Commanding Officer and three or more of the Chief Officers on Board. And We do hereby require and direct the Commissioners of Our Navy, cr any three or more of them, after Condemnation of such Prize, to examine or cause to be examined such List by the Muster-Books of such Ships of War and Lists annexed thereto, to see that such List doth agree with the said Muster-Book and annexed Lists as to the names, qualitys, or ratings of the Officers, Seamen, Mariners, Soldiers, and others belonging to such Ships of War ; and upon Request, forthwith to grant a Certificate of the Truth of any List transmitted to them to the Agent nomenated and Appointed by the Captors to take care or dispose of such Prize; and also, upon Application to them, to give, or cause to be given, unto the Agents who shall at any time or times be appointed as aforesaid by the Captors of any Prizes taken by any of Our Ships of War, all such Lists from the Muster-book of any such Ships of War and an- nexed Lists as the said Agents shall find requisite for their Direction in paying the Produce of such Prizes, and to be otherwise aiding and assisting to the said Agents as shall be necessary : And whereas, We have impowered the Lords' Commissioners of the Admiralty to grant Letters of Marque or Commissions for Privateers to such Persons as they shall think fitly qualify'd in that Behalf, according to the Treaties between Us and Our allies, We do, for Encourage- ment of such Privateers, further declare, That all Prizes taken by
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any Privateer, brought into Port According to Our Instructions in that Behalf, shall, unless otherwise decreed by the Court of Admi- ralty, be continued in the Possession of the Privateer, having only Custom-house Officers on Board, as is usual in Merchant Ships to secure the Duties; and such Ship, Vessel, and Goods being con- demned as lawfull Prize, and duly Inventoried and Appraised by such Persons as shall be lawfully Authorized in that Behalf, the same shall be delivered to or remain with the Captor thereof, or such Persons as are intrusted therein, to be disposed of by him or them as he or they shall think fit; they first satisfying, paying, or Securing to Us such Customs and duties as aforesaid. And in re- gard Privateers are set forth and manned at the Charges of the Particular Owners thereof, who make agreements with their Seamen what Shares and Proportions each man on Board Such Privateer shall have of any Prize which shall be taken, and it will not be reasonable that any Seaman or Person on board such Privateers should be intitled to any thing otherwise than according to the par- ticular Agreements he shall have Signed to such Owner or Owners, We do hereby ratify and Confirm all and every such Contracts and Agreements Which shall be entered into upon the putting forth any Such Privateer; And We do hereby Declare that every Article and thing Which shall be contained in such Contract, Stipulations, and Agreements relating to the Distribution of such Prizes amongst themselves shall be as firm, Valid, and Effectual as if they had been set forth in this Declaration; And We do hereby further Declare and Direct that public Notification shall be given by the Persons or Agents so appointed for Prizes taken by any of Our Ships of War of the Day appointed for the payment of the Several Shares to the Captors, after which public Notification if any Men's Shares shall remain in the Hands of the Persons or Agents appointed as aforesaid, and shall not be legally demanded within three years, then such share or Shares so remaining in such Persons or Agents Hands shall go and be paid to the Use of Greenwich Hospital. And to the end that all Persons who are or shall be intitled to any such share or Shares may have due Notice of the Time of Payment thereof, so as to make their Claims thereunto in due time, We do hereby re- quire that the Persons or Agents which shall be appointed to make such Sales, shall give Notice of the Day and Place which shall be by them appointed for the Payment of the Several Shares to the Captors in the London Gazzette three several successive Times. And to the End the Governors of Greenwhich Hospital may know who are the Persons or Agents employed to Receive and Pay the Several Shares of such Persons as were on Board the Ship and ships at the time of taking any Prize, so as to demand the Shares of such Captors who shall not Legally make their demand within three Years, We do here- by Direct that a true List of the Names of such Persons as shall be so appointed Agents for the Purposes aforesaid shall be forthwith cer- tify'd to the Governor or Deputy Governor for the time being, of
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the said Hospital by Our High Court of Admiralty, which is here- by required to take an Account of the Names of such Persons as are or shall be so appointed Agents.
"Given at Our Court at St. James', the twenty-ninth day of March, 1744, in the Seventeenth Year of Our Reign.
" GOD SAVE THE KING."
The Governor then laid before the Board a Draught of a Procla- mation which he thought proper to issue on this Occasion ; and be- ing approved, it was signed by his Honour and ordered to be entered.
"By the Honourable GEORGE THOMAS, Esqr., Lieutenant Governor and Commander-in-Chief of the Province of Pennsylva- nia, and Counties of New Castle, Kent, and Sussex, on Delaware.
"A PROCLAMATION.
" WHEREAS, His Majesty from a just Resentment of the Grossest and most indecent Misrepresentations and Reflections upon his Ma- jesty's Conduct, contained in the French King's Declaration against his Majesty, hath by his Declaration dated at St. James', the 29th Day of March last, declared War against the French King: And Whereas, His Majesty hath Signified to Me that It should be Pro- claimed in the Province under my Government, that His Subjects having this Notice may take care to prevent any Mischief which they might otherwise suffer from the Enemy, and do their duty in their several Stations to distress and annoy the Subjects of the French King ; and the said Declaration hath been this day Pro- claimed accordingly : I do, with the Advice of the Council, issue this Proclamation, strictly enjoyning and requiring all His Majesty's Subjects in this Province capable of bearing Arms, forthwith to pro- vide themselves with a Good Firelock, Bayonet, and Cartouch Box, and with a Sufficient Quantity of Powder and Ball, that they may be prepared not only to defend this His Majesty's Province and their own Persons, Families, and Estates, but to annoy the Enemy in case it shall be thought proper to attack them ; and that they do pay due obedience to such Orders as they shall from time to time receive from me for these Ends, or from such Officers as have been or shall be by me appointed to command them.
" And Whereas, His Majesty hath been pleased to direct that I be very rigorous and severe in preventing any Ammunition or Stores of any kind from being carry'd to the Enemy, I do hereby Declare that in case any of His Majesty's Subjects under my Government shall be found carrying or transporting any Arms, Powder, Ammuni- * tion, or Stores to, or holding any Correspondence or Communication with the Subjects of the French King, they shall be most rigorously and Severly Prosecuted and Punished for the Same. And the Col- lectors of his Majesty's Customs, Naval Officers, and all other Offi- cers whatsoever, are hereby required to be very diligent and Circum-
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spect in their Several Stations, in order to prevent or discover such Practices.
And Whereas, It is His Majesty's further Pleasure that I do every thing in my Power to encourage the fitting out Ships to Act as Pri- vateers against the Enemy, and that I do take all Opportunitys, as far as depends upon me, to distress and Annoy the French in their Settlements, Trade, and Commerce, His Majesty having already issued his Royal Proclamation for the Distribution of Prizes taken by his Ships of War or Privateers, I do invite all His Majesty's Subjects under my Government to receive the Benefit of this most gracious Declaration, by fitting out such Privateers, Which will not only be greatly for his Majesty's Service, but may bring great ad- vantages to the Adventurers themselves. And being my self most heartily disposed to do every thing that may be for his Majesty's Honour and the Interest of this Province, I do hereby Declare that I will most readily give all the Encouragement and Assistance that in me lyes to every such undertaking.
"Given under my Hand and the Great Seal of the Province of Pennsylvania, at Philadelphia, the Eleventh day of June, in the Eighteenth year of His Majesty's Reign, and in the Year of Our Lord, One thousand seven hundred and forty-four.
"GEO. THOMAS.
" By Command.
" Richard Peters, Sec'ry. "GOD SAVE THE KING."
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At a Council held at Philadelphia, the Eighteenth day of June, 1744.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor.
Samuel Hasell,
Ralph Assheton,
Robert Strettell,
Thomas Laurence, ) Abraham Taylor, ÂżEsqrs.
The Minutes of the preceeding Council were read and approved.
The Governor invited the Council to accompany him to the Indian Treaty at. Lancaster, and having Prepared Draughts of the several matters he intended to speak to the Indians upon, the Same were read and approved.
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At a Council held at Philadelphia, the 24th day of July, 1741. PRESENT : 1
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor.
Clement Plumsted,
Samuel Hasell,
William Till,
Abraham Taylor, Robert Strettell, Esqrs.
The Minutes of the preceeding Council were read and approved.
The Governor laid before the Board the Minutes of the Treaty held with the Indians at Lancaster, and the same was ordered to be inserted in the Council Book, and is as follows :
A TREATY
Held at the Town of Lancaster, in Pennsylvania, by the Hon- ourable the Lieutenant Governor of the Province and the Honoura- ble the Commissioners for the Provinces of Virginia and Maryland With the Indians of the Six Nations, in June, 1744 :
In the Court House in the Town of Lancaster, on Friday, the 22d June, 1744.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gover- nor of the Province of Pennsylvania and Counties of New Castle, Kent, and Sussex on Delaware.
The Honourable Thomas Lee, Esqr., Commissioners of Virginia.
Colonel William Beverly,
The Honourable Edmund Jenings, ?
Commissioners of Maryland.
Philip Thomas, Esq".,
Colonel Robert King.
Colonel Thomas Calvil.
The Deputies of the Onondagoes, Senecas, Cayogoes, Oneidas, and Tuscaroraes.
Conrad Weiser, Interpreter.
The Governor and the Commissioners took some of the Indian Chiefs by the Hand, and after they had seated themselves the Gov- ernor bid them Welcome into the Government, and there being Wine and Punch prepared for them, the Governor and the Several Commissioners drank Health to the Six Nations, and Canassatego, Tachanoontia, and some other Chiefs, returned the Compliments, drinking the Healths of *Onas, fAssaraquoa, and the Governor of Maryland.
After they were all served with Wine, Punch, Pipes, and Tobacco,
* Onas, the Governor of Pennsylva.
+ Assaraquoa, the Gover". of Virginia.
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the Governor told the Indians that as it was customary and indeed necessary they should have some time to rest after so long a Jour- ney, and as he thought three days would be no more than sufficient for that purpose, he proposed to speak to them on monday Next, after which the Honourable Commissioners would take their own time to deliver what they had to say.
Canassatego answered the Governor, "We thank you for giving us time to rest, we are come to you, and shall leave it intirely to you to appoint the time when we shall meet you again.
" We likewise leave it to the Governor of Maryland, by whose invitation we came here, to appoint a time when he will please to mention the reason of his inviting us. As to our Brother Assara- quoa, we have at this present time nothing to say to him, not but we have a great deal to say to Assaraquoa, which must be said at one time or another, but not being satisfied whether He or We should begin first, we shall leave it wholly to Our Brother Onas to adjust this between Us, and to say which shall begin first."
In the Court House at Lancaster, June the 25th, 1744, A. M. PRESENT :
The Honourable George Thomas, Esq., Governor, &ca.
The Honourable the Commissioners of Virginia.
The Honourable the Commissioners of Maryland.
The Deputies of the Six Nations.
Conrad Weiser, Interpreter. The Governor Spoke as follows:
" Honourable Gentlemen, Commissioners of the Governments of Virginia and Maryland,
" And Brethren Sachims, or Chiefs of the Indians of the Six Na- tions-
" At a Treaty held by me two Years ago, in Behalf of the Gov- ernment of Pennsylvania, with a Number of the Chiefs of the In- dians of the Six Nations, I was desired by them to write to the Governor of Maryland concerning some Lands in the Back Parts of the Province which they claim a Right to from their Conquests over the Antient Possessors, and which have been settled by some of the Inhabitants of that Government without their Consent or any Purchase made from them. It was at that time understood that the Claim was upon Maryland only, but it has since appeared by some Letters formerly wrote by Mr. President Logan to the late Governor of Maryland that it related likewise to some Lands in the Back parts of Virginia. The Governors of those Colonies soon manifested a truly equitable Disposition to come to any Reasonable Terms with the Six Nations on Account of those Lands, and Desired that for
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that End a Time and Place might be fixed for a Treaty with them. But before this could be effected, an unfortunate Skirmish happen'd in the Back Parts of Virginia, between some of the Militia there and a Party of the Indian-Warriors of the Six Nations, with some loss on both sides. Who were the Agressors is not at this time to be discussed-both Parties having agreed to bury that affair in ob- livion; and the Government of Virginia having, in token of the continuance of their Friendship, presented the Six Nations, through my hands, with Goods to the value of one hundred pounds sterling, To prevent further Hostilities and to heal this Breach, I had, before the Present was given, made a tender of my Good offices, which both Parties accepted, and consented, on my Instances, to lay down their Arms; since which the Faith pledged to me has been mutually Preserved, and a Time and Place has been agreed upon through my Intervention for accomodating all Differences, and for setling a firm Peace, Union, and Friendship, as well between the Government of Virginia as that of Maryland and the Indians of the Six Nations .* The Honourable the Commissioners for these two Governments and the Deputies of the Six Nations are now met at the Place appointed for the Treaty. It only remains, therefore, for me to say, that if my farther good Offices shall be thought usefull for the accomplishment of this Work, you may Rely most assuredly upon them.
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