USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 13
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jesty's Subjects have already suffered so much ; that this Goverment are rather disposed to attack & punish, than to support and protect them, whom they still consider as their Enemy ; That the Island on which these Indians were before seated, appears to the Council a place equally well adapted to their Security and Protection as any within this Province. And, therefore, the Council unanimously advised his Honour not to receive the said Indians within this Gov- ernment, or to suffer them to pass thro' the Province, but to issue the proper Orders to the Justices and magistrates of Richmond County, to stop and cause them to return.
" A true Copy.
"G. BANYAR, "D. W. CON."
The Council having taken the said Letters into Considera- tion, advised the Governor to lay them before the Assembly, and desire, by a Message, their Opinion & Advice as to the manner in . which the Indians can be most effectually secured & protected for the future.
Accordingly, the following Message was immediately prepared, read, and approved, and the Secretary was ordered to carry it to the House this Afternoon, with the several Letters it refers to.
A Message from the Governor to the Assembly.
- "Gentlemen :
" The Indians, who were lately seated by the Government on the Province Island, were, at their own earnest request, sent off in a body by me, under an Escort, on the 5th Instant, with an Intention of removing them thro' the Governments of New Jersey and New York to Sir William Johnson, to whose care and protection, as they were not in a State of Security here, I recommend'd them.
" I took the precaution of acquainting the respective Governors of those two Provinces with this measure, and requested that they would be pleased to permit them to proceed unmolested, and fur- nish them with passports. The Governor of. New Jersey, with great politeness & kindness, complied with my request ; but to my great surprise, I received a Letter Yesterday, from the Lieutenant Governor of New York, acquainting me that he, by the advice of his Council, had forbid their entrance into that Province. Being" thus disappointed, I am under the Necessity of ordering those poor Creatures to return again to this Government, & am heartily dis- posed to do every thing in my power to afford them that protection & security which, under their Circumstances, they have an un- doubted right to expect and claim from us, and shall be glad of your opinion and advice in what manner this can most effectually be done. I have ordered the Secretary to lay before you Governor Colden's Letter, a Copy of the Minutes of the Council' Board"of'
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New York on the occasion, & a Letter I received from General Gage, the latter of which will shew how much we are obliged to the General for the kind part he has taken in this matter, "JOHN PENN.
" January 16th, 1764."
At a Council held at Philada, on Monday, 23rd Jany., 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
James Hamilton,
Benjamin Chew,
William Logan,
Lynford Lardner,
Esquires.'
Richard Peters,
Thomas Cadwalader,
Richard Penn,
The Governor laid before the Board a Message he received last Week from the Assembly, which was read and follows in these words, viz *.:
A Message to the Governor from the Assembly.
" May it please your Honour:
" We have taken into our Consideration your Honour's Message of the Sixteenth Instant, with the Letters therein referr'd to, and are pleased to fod the Governor so heartily disposed to afford the Indians he mentions 'that protection and security which, under their Circumstances, they have an undoubted Right to expect and claim from us.' We should be very glad, if it was in our power, ' to point out the manner in which this can most effectually be done,' but as our Opinion must be founded on the Information we have received, we can only mention such measures as appear to us at present to be most reasonable, submitting our sentiments to the Judgement your Honour may form from any Intelligence you have since received, or any Circumstances that may hereafter happen.
" We observe, with particular pleasure, 'the Kind part General Gage has taken in this matter,' in protects these Indians, and di- recting the Escort on their arrival in this City, to receive 'such Orders as you shall judge proper to give them.
"As this humane and prudent step of the General is equally calculated to secure these unhappy people, and preserve the internal Peace of this Province, while our own Troops are engaged in the Defence of our Frontiers, we shall be obliged to your Honour, if you will please to return his Excellency our Thanks for this gene- rous & seasonable act of Goodness.
"The Indians, we apprehend, will be sufficiently protected by the Companies that compose this Escort, while they remain here.
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When these Companies march from hence, if there should appear to be the same danger of any outrage being committed against these Indians that there seems to be at present, we are of Opinion, that it will be advisable for your Honour to lodge them in some place where they can be most easily & conveniently guarded by an Armed Force, to be raised by your Honour for that purpose.
" It will be with the utmost regret, we shall see your Honour reduced to the necessity of pursuing these Measures, but with an Abhorrence altogether inexpressible, we should behold ' these poor Creatures,' who, desirous of living in friendship with us, as proofs of this Disposition, quitting a Settlement that made them suspected & surrendering their Arms, have delivered themselves, their Wives, and Children, into our power, on the faith of this Province, barba- rously butchered by a sett of Ruffians, whose audacious cruelty is- checked by no sentiment of Humanity, and by no regard to the Laws of their Country.
" Such a massacre, we have reason to expect, from the Persons who perpetrated such shocking Barbarities in Lancaster County, and their Abettors, unless they are deterred by a vigorous exertion of power, which never can be more properly employed than in vindicat- ting the Honour & Dignity of a Government enforcing an Obedience to the Laws, and repressing the dangerous insolence of tumultuous Insurgents, who, guided by a blind rage, undertake by open force to controul. the conduct of the Administration & counteract the best concerted measures for the General Good.
" It will therefore be agreeable to us that your Honour would be pleased to order the Sheriff & Coroner of Lancaster County, and the Magistrates of that Borough, to come down and give you the best information that can be obtained of the Persons concerned in these violences, that they being discovered and apprehended, due punish- ment may be inflicted on such daring disturbers of the Public Peace.
"Signed by Order of the House. "ISAAC NORRIS, Speaker. .
" January 20th, 1764."
Which Message was taken into Consideration, but sundry diffi- culties occurring as to the advice & sentiments of the Assembly, the same not being practicable, the full consideration of this matter was referred to the next meets. of Council.
The Governor then informed the Board that on Saturday Morn- ing last he Received a Letter from Captain Schlosser of the Royal American Regiment, dated the 20th Instant, acquainting him that being charged by General Gage to take under his care the Indians which he should find at Amboy, he had proceeded with them as far as Trentown, where he should wait for the Governor's further In- structions concerning them. His Honour also informed the Board that he had wrote to Capt". Schlosser to desire him to halt at Tren- town till Monday, & then March with the Indians to this City. The
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Governor thereupon desired the Council would give him their advice where they thought would be the most proper place of residence for the Indians, so that they might be lodged with the greatest Conve- nience & Security. They were of opinion the Barracks were the best calculated to answer that purpose, as the military Guard which Gen1. Gage has sent with the Indians, may be accommodated with good Quarters, and will be better able to secure & protect them from any Insults there than at any other place.
The Bill entituled " An act for the payment of £10,947 Sterlg. in certain Proportions, to several Colonies in America," was again read & considered, but the Council advised the Governor before he should come to any determination respecting it, to send a Verbal Message to the House by the Secretary, desiring " they would inform him whether any, and what part of the several Parlia- mentary Grants allotted to this Province, do yet remain undrawn for by the Trustees of the Loan Office, in the hands of the Agents appointed by Act of Assembly to receive the same from the Lords of the Treasury."
The Secretary accordingly deliver'd the sª. Message in the Evening.
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Tuesday, 24th January, 1764.
The Governor received a Verbal Message from the Assembly, by two members, that in answer to the Governor's Message of yester- day the House inform him, that it appears from the report of the Committee on accounts that the Sum of £1126 7 8 Sterling, part of the Parliamentary Grants, remains yet undrawn for by the Trus- tees of the General Office, but that it is the opinion of the House that the said Sum is appropriated to the King's use, by the Act en- tituled " An Act for granting to His Majesty the sum of Twenty- four thousand Pounds for the defence and protection of this Pro- vince, & for other Purposes therein mentioned."
At a Council held at Philada., on Saturday, the 28th Jan"- 1764. PRESENT.
The Honourable JOHN PENN, Esquire, Lieutenant Governor. James Hamilton,
William Logan,
Benjamin Shoemaker,
Lynford Lardner, Esq'= Benjamin Chew,
· The Governor, being informed that Benjamin Kendal, a Mercht. of this City came to Town this Morning, from Lancaster, and had learned some Intelligence there, concerning further Motions and
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ill designs of the Rioters in that County, sent him a Message, that he desired to speak with him immediately. Mr. Benjamin Kendal soon after appearing at the Board, was examined, & Related every- thing material that he had heard about the Rioters, which is con- tained in the following Affidavit taken before the Governor, in Coun- cil, viz *: 11
" City of Philadelphia ss ;
"Benjamin Kendall, of the City of Philadelphia, Merchant, being one of the People called Quakers, on his Solemn Affirmation de- clareth and saith, That on Thursday, the 26th day of this Instant, January, he, this deponent, being on his return from the Burrough of Lancaster to the City of Philadelphia, about two Miles on this side the sign of the Hat, (a Tavern kept by one Samuel Smith), he met with Robert Fulton, an Inhabitant of the said Burrough of Lancaster, who, this affirmant understood, had been, the day be- fore, in the Township of Pequea, or its Neighborhood ; That this affirmant, being acquainted with the said Robert Fulton, stopped, and entered into some Conversation with him, in the course of which the said Fulton acquainted this Affirmant that he understood Capt". Coultas had been appointed to raise and command Five hun- dred Men, to guard & protect the Indians in the City of Philadel- phia, and that he was very sorry for it, and that in ten days fifteen hundred Men would come down in order to kill the said Indians, and that if Fifteen hundred were not enough, Five thousand were ready to join them, and desired this affirmant to tell the said Cap- tain Coultas, from the said Robert, to make his Peace with Heaven, for that he (the said Coultas) would not live above two Weeks longer. This affirmant answered, that he was very sorry to hear him, the said Fulton, talk in that manner, and as he understood that he, the said Ful- ton, had a good deal of influence with those People, who intended to come down on the above Purpose, he, this affirmant, requested the said Fulton to exert it in persuading them to desist from their Design. The said Fulton then said, If Gabriel was to come down from Heaven and tell us or them (but which of the words this affirmant cannot be sensible of) we or they were wrong, they would not desist for it, for that they were of the same Spirit with the blood-ran, blood- thirsty Presbyterians, who cut off King Charles his Head. This Affirmant then said to the said, Fulton, ' I hear you intend to kill the Quakers.' Fulton answered, 'No, God forbid, but they or any others who should oppose them they would kill.' That he (the said Fulton) had heard the Indians were put in small numbers into dif- ferent Families in the City of Philadelphia, for Protection, but that such Families must tell where they (the Indians) were, and deliver them up, or their Houses would be fired over their heads. The said Fulton further informed this Affirmant, that some time ago, when he heard that the said Indians were sent out of this Province, he, the said Fulton, sent a Letter to a number of People, who were
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then preparing to come down and cut the Indians off, to acquaint them of it, and stop them from coming. This Affirmant further saith, that a certain William Way was in Company with the said Fulton during this whole Conversation, &, from what little he said, seemed to join in Sentiment with the said Fulton, & among other things asserted, that he was lately in a Store in that Neighbourhood, where there was a Magazine of three half barrels of Gun Powder, and one hundred small Arms, ready for the above Expedition, & that he verily believed a number of Men would come down to Phila- delphia to kill the Indians, and further this Affirmant saith not. " BENJA KENDALL. " Taken and Affirmed in the presence of the Governor and Coun- cil, at Philada., January 28, 1764.
" Before
"JOHN PENN."
The Council thereupon, advised the Governor to give Capt". Schlosser his written Instructions respecting the defence of the In- dians under his Charge and Protection at the Barracks, ordering him to fire upon any body of armed Men who should make their appearance in an hostile manner, and violently attempt to force their way into the Barracks, with a design to kill the Indians there, after his positive orders to them to stand off & desist from their wicked undertaking.
The Board are also of Opinion that it would be advisable for the Governor to order the three Companies of Highlanders at Car- lisle to march without delay to Lancaster, and wait there in readiness to execute such Orders as the preservation of the Public Peace might render it necessary to be given them by the Governor in support of the civil Authority.
Sunday, 29th January, 1764.
5
The Governor sent the following Letter this Morning by Express to Capt". William Murray, Commanding Officer of His Majesty's Troops at Carlisle, viz":
" PHILADA., 29th Jan', 1765.
" Sir :
I " Some time ago several daring Tumults & insurrections in the County of Lancaster obliged me to apply to His Excellency Gen1. Gage, for the aid of His Majesty's regular Troops in this Province, to support the civil Authority in the Execution of the Laws, where- upon he was pleased to favour me with the inclosed Order to the Officer commanding His Majesty's Forces at Carlisle, dated the 6th Instant, directing and requiring him to pay due Obedience to all
1
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such Orders as I should judge necessary to transmit to him, to effect the above mentioned Purpose. I was in hopes I should not have had occasion to exert the power the General has put into my hands, but the publick Security & the preservation of His Majesty's Peace now lays me under the disagreeable necessity of doing it, and of desiring that you will, immediately on the receipt hereof, March with all His Majesty's Forces under your Command, with the greatest Expedition, down to the Burrough of Lancaster, where you are to take Quarters in the Barracks, & there remain till you shall receive my further Orders, holding yourself always in readiness to march from thence to such places and on such Services as the pre- servation of the Publick Peace may make it necessary for me to require of you.
"I am, Sir,
" Your most Obedt humble Servt.,
" JOHN PENN.
" To Captain WILLIAM MURRAY, Commands of His Majesty's Troops at Carlisle."
At a Council held at Philada. on Thursday, the 2nd February, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieuten" Governor, &ca.
William Logan,
Benjamin Chew,
Thomas Cadwalader, . Esq™
Richard Peters,
Lynford Lardner,
Richard Penn,
The Consideration of the Assembly's Message, of the 20th Jan- uary last, was resumed, and the Council was of opinion that a Com- pliance with the advice therein given by the Assembly of sending for the Sheriff and Coroner of Lancaster, and the Magistrates of that Burrough, to give the best Information that could be obtained of the Persons concerned in the late Riots in the said County, would be attended with many ill Consequences, and instead thereof, were unanimously of opinion, that it would be more advisable for the Gov- ernor to give Instructions to some Justice or Justices of Lancaster County, in whose Prudence and discretion he can most confide, at the ensuing Court at Lancaster, to examine upon Oath the Sheriff and Coroner & any others, respecting their knowledge of the Au- thors and Perpetrators of the late Murders committed on the In- dians there, and to do this with all possible Secrecy.
The Council further advised the Governor on this occasion to de- sire the Assembly, by a Message, to frame a Bill for establishing a Militia within this Province, as being the most effectual means of preserving the Publick Peace & of suppressing all Tumults and In-
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PROVINCIAL COUNCIL.
surrections, which for the future may arise to disturb the good Or- der of Government, and endanger the Public Security. P
The following Message was accordingly prepared, read and ap- proved, & the Secretary was ordered to carry the same to the House.
1
A Message from the Governor to the Assembly.
" Gentlemen :
" I find great difficulty in settling, on the Footing of Law, & on the principles of the English Constitution, the Orders proper to be given to the Commanding Officer of the three Companies of Royal Americans, sent here by General Gage, to support the civil Power, as rules for his own Conduct and Government of the Soldiers, in case the Indians now under their protection should be attacked, and an Attempt made to murder them. At the same time that I wish to preserve these poor Creatures, by all the means in my power, I would not, in the Orders I give for that end, be guilty of the least Infraction of the Laws. A Doubt has arisen whether any Orders I can give to the regular Troops to make use of Force and Violence against his Majesty's Subjects, though riotously assembled, with an intent to kill the Indians, will be a legal justification for their shed- ding of Blood in opposing and preventing the design, till the civil power has first been called in, & in vain endeavoured to suppress the Tumult.
" In so tender and important a Case, I would rather err on the cautious side, and to remove all doubts, request you will seriously consider this matter immediately, and that by a short Law, you will for a time extend to this Province the riot Act of the first of George the first, or make such other Provision to remove the pre- sent difficulty, as you shall judge most proper.
" February 2d, 1764."
" JOHN PENN.
The Governor laid before the Board a Letter from Sir William Johnson, dated the 20th January, 1764, which was read, and fol- lows in these words, vizt .:
" JOHNSON HALL, January 20th, 1764. " Sir :
" I have had the honour of your Letters of the 31st Ultimo, and 5th of this inst., together with the inclosures, and I heartily con- gratulate you on your arrival to your Government, wishing your ap- . pointment may prove to your entire Satisfaction.
" The steps you have taken for discovering those rash Offenders, were certainly very judicious, as well as highly necessary, and I am VOL. IX .- 9.
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hopeful they may be attended with success for bringing them to Justice.
" I apprehended, that after their first Offence in murdering the Six Indians of Conestogo, their mistaken resentment would have ended, & even that first act was sufficient to create much uneasiness amongst all the Indians, but their last public insult on the Law, and the Government itself, certainly demands the most strict enquiry, as well as the severest punishment.
"You may be assured, I shall use every argument with the Six Nations, the unfavorable ideas which they must certainly entertain of such a proceeding, as well to satisfy them that your Government highly disapproves of it, & will severely punish the Offenders; but I am aware of their Sentiments on the Subject, & greatly appre- sensive it will stagger the affections of the five hitherto well affected Nations, who consider the Indians of your Government as con- nected with them, and under their protection, and as the Murdered have been all along peaceably inclined, the friendly Indians in these parts may be induced to doubt our faith and sincerity towards them- selves, from the unhappy fate of our late Friends in Pennsylvania, which will cause them to expect the same treatment whenever it is in our power to destroy them. This, I fear, may greatly check the Ardor They have lately expressed to me of assisting us against our Enemies, and even Spirit up many to obtain revenge within your Government.
" The threats which the Riotous parties have since thrown out, that they would destroy the Indians in the Neighbourhood, and un- der the Protection of Philadelphia, savours so much of Madness, that I cannot account for them; your gratifying the Indians re- quest thereon, of coming to me, must, therefore, appear pleasing to them, but I have just received a Letter from Lieut. Governor Col- den, informing me "That the Council have advised him not to admit them into this Province." This will probably prevent me from seeing them, and I heartily wish their return back may not expose them to fresh insults, which would certainly occasion a General de- fection.
" Several deputies from the Enemy, Senecas, have been lately with me here, making some friendly offers of Peace, but I am con- vinced that nothing but a good treatment, accompanied with occa- sional favours, will ever ensure a lasting peace, from the Jealous sentiments which our Enemies entertain of the English, and the presents the French had accustomed them to, for the toleration the Indians afforded them in their Country, insomuch that any future neglect on our parts will immediately produce a discontent and ap- prehension of our designs, which will inevitably occasion a renewal of Hostilities; so that a Peace made with these people, without proper subsequent steps to remove these Jealousies and establish a good Opinion with the Indians, is always liable to be violated, to the great detriment of Trade, & the certain destruction of the Fron-
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tier Inhabitants with their dwellings, and the expence in which the Crown must be involved to suppress such devastations, will, certainly amount to a much greater sum (independant of the loss the Pro- vinces must sustain), than would conciliate the affections of the Indians, & enable us to extend our Settlements and Trade with the utmost Security.
" I heartily wish that the Law you have proposed may be agreed to by the Assembly, as it appears to me highly necessary, and es- sential, as Well to the Credit as the safety of the Province.
"I am with great Esteem, Sir, " Your most Obedt humble Servt., "WM. JOHNSON.
"The Honble L' Gov". Penn."
The Council advised the Governor to write to the Magistrates of Berks & Lancaster Counties, to send him the earliest intelligence they may receive of the Designs and Motives of the Rioters.
" PHILADELPHIA, 4th February, 1764.
" Sir :
"Several reports having lately prevailed that a large Body of armed Men are assembling themselves on the Frontiers of Lancas- ter County, with an intention to come to this. City, and put to death the friendly Indians who are under the Protection of this Govern- ment, and now guarded by a detachment of the King's regular Troops, I do hereby require you to make as early & Strict enquiry as you can, concerning the Truth of those Reports, and, in case you hear or know that any such Riotous party is actually on the Road, & coming here, or if you receive any certain Intelligence of their as- sembling for that purpose, forthwith to dispatch an Express to me with a Letter giving me Notice of the same, that I may take the necessary measures in time to prevent the Execution of so wicked & dangerous an undertaking.
" I am, Sir, " Your very humble sevt. "JOHN PENN.
"To Thomas Foster, Adam Reed, Esqrs., Lancas". County. " James Reed, Jonas Seely, Esq's., Berks County."
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Friday, 3rd February, 1764.
The Governor's Message to the Assembly, agreed on Yesterday, was carried to the House by the Secretary this forenoon.
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