USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 14
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At 6 o'Clock P. M. two members of Assembly waited on the Governor, and presented for His Honour's Concurrence A Bill en-
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tituled "An Act for preventing Tumults and Riotous Assemblies, and for the more speedy and effectual Punishing the Rioters ;" which the Governor took into his immediate Consideration, and having approved thereof, he went directly to Mr. Charles Norris's House, where the Assembly were sitting, on account of the Speaker's indisposition, and returned the said Bill to the House by the Secre- tary, with a verbal Message, that his Honour agreed to it, & was waiting there ready to pass it into a Law.
The Governor then, by the desire of the Speaker, entered the room where the House sat, & the Speaker presented the Bill en- tituled " An Act for preventing Tumults and Riotous Assemblies, &cª." which His Honour enacted into a Law, and by his Warrant ordered the Great Seal to be affixed thereto.
At a Council held at Philadelphia on Saturday the 4th Febry-, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca.
William Logan,
Benjamin Chew,
Richard Peters,
Thomas Cadwalader, Esq™s. . Richard Penn,
The Commissioners acquainted the Governor that they had re- ceived Intelligence by a Letter from Lancaster County, & from Mr. Waine, a Member of Assembly, that a very considerable number of the people living on the Frontiers of that & other Counties, were actually assembling themselves with an intention of coming to this City to put to death all the Indians in the Barracks under the pro- tection of this Government; & that to-morrow Morning was the time fixed on for the execution of their unlawful design.
The Governor thereupon desired the opinion of the Council as to the best measures to be taken on this occasion. They advised him to give written Instructions to Captain Schlosser to defend the Indians to the utmost of his power, by opposing, with the Detach- ment of the King's Troops under his Command, any attempts to destroy them, the riot Act being first read by a proper Civil Officer. To order Notice to be sent to all the Inhabitants of the Town to meet the Governor at the State House this afternoon at 4 o'Clock, to acquaint them there of the present Danger that threatned the Publick Peace, to desire they would immediately take Arms and put themselves under his Command in defence of the Government, and in Support of the Laws. To propose that 150 of the Gentle- men of the Town should assist the Soldiers in guarding the Bar- racks this night, and request that hereafter, upon any Alarm made by the ringing of the Bells, the Inhabitants would turn out with
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their Arms and repair to the Barracks ; or, if the Town should be attacked, that they would meet at the Court House, & defend the City.
It was recommended to the Commissioners, to purchase a quantity of Arms and Ammunition to be sent to the Barracks, & to employ a number of Carpenters to erect some works at the Barracks to make them more defensible, & to send 4 of the Cannon there from the State House, with the proper Artillery Stores. Spies were dispatched up the different roads to observe the motions of the Rioters, & to bring intelligence of their Approach.
The Governor laid before the Board a draught of a Message he proposed to send to the Assembly, which was read and approved, & the Secretary was ordered to carry it to the House as soon as they should meet next Week. The Message follows in these words :
A Message from the Governor to the Assembly.
" Gentlemen :
" I am sorry to inform you, that the same Spirit & frantic Rage, which actuated those who lately put to death the Indians in Lan- caster County, Still prevails among them, & that, instead of having any Remorse for, or in the least dreading the bad Consequences of their Conduct, I have just reason to believe they are daily strength- ening their Party, and adding greatly to their numbers, and threaten to come down armed in a body, and repeat the same Acts of cruelty on the Indians in the Barracks in the Northern Liberties of this City, determined to spare none who oppose the Execution of their wicked designs. They have already given abundant Proof, that neither Religion, Humanity, or Laws, are objects of their considera- tion, or of sufficient Weight to restrain them, & in our present weak and defenceless State, no one can answer a Moment for the Security of the Government itself, or any individual in it; there is still less reason to expect, if they should attempt to put their Threats in execution, and their numbers are half so great as it is reported, that the Soldiery, who are ordered to guard the Indians, will be able to afford them protection. It is further to be considered, that it will not be long before the Guard, which General Gage has kindly sent to support the civil Power, will be necessarily ordered on Duty elsewhere, and be employed against our open Enemies.
" The Government must then at least depend solely on the Ex- ertion of its own Force and Powers, not only to defend the Indians, but to support itself and curb the violence of this licentious sett of people. In this critical situation, therefore, Gentlemen, [ think it my Duty to His Majesty, & to the good people of this Province, most earnestly to recommend to vou to frame a Militia Law, in a manner as little Burthensome to the Inhabitants as poss ble, as the only natural and effectual means of preserving the publick Tran-
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quility, and enabling the civil power to enforce the Laws and vin- dicate the Honour of the Government.
" JOHN PENN. " February 4th, 1764."
Friday, 10th February, 1764.
The Governor's Message of the 4th Instant was carried to the House of Assembly by the Secretary this forenoon, a Quorum not having met this week till last Night, on account of the alarm in the City occasioned by the Approach of an Armed body of Rioters.
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Saturday, 11th February, 1764.
Two Members of Assembly waited on the Governor with the fol- lowing Message from the Ilouse :
A Message to the Governor from the Assembly.
" May it please your Honour :
" Your Honour's Message of the 4th Instant we received Yester- day, and as we are of opinion that it contains matters of the utmost importance to the Welfare of this Province, we shall take the same into our most serious Consideration, & as soon as possible acquaint you with the Result; and notwithstanding the Rioters upon their approach near this City, and a discovery of the spirited Resolutions of the Citizens to oppose their barbarous and illegal designs, are dispersed, your Honour may be assured that nothing in our power consistent with the Trust reposed in us, shall be wanting for the security of the Government, & the protection of the Inhabitants, against the future violences of such licentious People who disturb the publick Tranquility, and trample on all Laws divine and human. " Signed by Order of the House, 1
"ISAAC NORRIS, Speaker.
" February 11th, 1764."
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At a Council held at Philadelphia on Tuesday the 14th February, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Licut- Governor, &ca.
Benjamin Shoemaker,
William Logan,
Richard Penn,
Richard Peters, - Thomas Cadwalader, 1 Esq's.
The Governor laid before the Board a Memorial from the Rever- end John Jacob Schmick, Missionary among the Indians, which was read and is as follows, viz* :
" Memorial of several Discources, which John Jacob Schmick, Missionary among the Indians, hath lately had with Pompunagh and several others of the Indians now in the Philadelphia Bar- racks, under the protection of this Government, vizt :
" That the said Pompunagh & Compy. were lately favoured with a Message from this Government to the five Nations, and to the friends of the Indians that were killed in Lancaster county, and as the said Messge for reasons well known to the Governor, has not been forwarded, the said Pompunagh desires to have an opportunity to let his Honour, the Gov"., know,
" That at his, the said Pompunagh's, leaving the Indian Country some of his friends apprehended that he and his Company would be killed by the White People : That he promised the Indians he would soon let them know how he and the other Indians among the English did : That there is now about - days past since his leaving the Indian Country and no words sent to them : That this delay cannot fail to create Suspicion in the Indians, as if Pompu- nagh and his Company were cutt off; Besides that the destroying of the Indians in Lancaster County is already, or soon will be, known by the Indians, some of the White People being ill natured enough to go and tell the Indians such Stories as will draw their Resentment upon the English, and if even that was not done, the Indians might perhaps catch a few of the back Inhabitants, and force them to tell what is the matter with the Indians that were of late among the English; That if the Indians on Susquehanna, should by any such means come to the Knowledge of the Lancaster affair, and if they should hear and believe that all the Indians now under the protection of the Government of Pennsylvania were ac- tually destroyed by those who have often threatened to do it, the said Pompunagh doth apprehend the Indians would be very angry, and fall upon the back Inhabitants, which they could not well have done before now, as having been hindered by the deep Snow on the other side of the Mountain ; but as good deal of Snow is already
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melted away, and if we should have some more thaw, the road would soon be fit for them to come down upon the Inhabitants.
" Therefore, the said Pompunagh thinks it is high time that he or some other Indians, in whom the Governor can place confidence, should go up to the Susquehanna Indians and tell them-1. That the murder committed on the Lancaster Indians was done and counte- nanced by some People that are ill affected to the Government, & that the Governor had issued two several Proclamations to the effect that these murtherers might be discovered, apprehended, and brought to Justice. 2. That the rest of the Indians were under the par- ticular care and protection of this Government, all in good health and safety ; that they had a strong Guard of the King's Troops given them by the General, to defend them against all Insults whatsoever.
" That the said Pompunagh offers his Service to the Government to go out for this purpose; That he will leave his Wife here, and the other Indians who came down with him ; That he thinks he has some Influence with the Indians, & that they will believe what he says ; That he will recommend to them the tenderness of the Gov- ernor and the great men of this Province towards the poor Indians, in respect to their maintenance & Protection, &ca.
"That a Chief of the Nanticoes is at present residing on Sus- quehanna, who is deputised by the five Nations, and is a great Coun- sellor among them; That Pompunagh intends to go and see him, by whose means he thinks that the Sentiments of this Government in respect to the Lancaster affair, can be properly conveyed to the five Nations, and also the minds of the other Indians made easy ; That he promises himself a good Effect from this Journey, so that the Indians shall not resent the Lancaster affair upon the Inhabi- tants of Pennsylvan, as he intends to argue with them, the said In- dians, that if they should take their own Revenge, they would be no ways further intituled to any Satisfaction which the Governor otherwise had engaged to procure to them by the Course of the Law; Beside that, the white people would be so much more in- censed against the remains of the Indians among them, that it might be out of the power of Government to protect them any longer.
"JOHN JACOB SCHMICK.
"Philada., Febr. 3rd, 1764."
The said Memorial being taken into Consideration, it was pro- posed by some of the Members that a Message should be sent with Papounan, to the Indians on the Susquehanna; But the Governor observed that the Indians at Wighalousin lately had a Message delivered to them, inviting them down here, which was never sent by the Government, but by some private people, who took every opportunity in their power to interfere & med- dle in Indian Affairs, and to counteract the public Measures, by
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sending Messages to the Indians contradictory to those sent by the Government; And that, therefore, having no Security that any Message from him would be faithfully delivered, he could by no means agree to send one to the Wighalousin Indians at this time, but had no objection to Papounan's Journey to the Indian Country, to acquaint his Friends of the kind treatment he and his Brethren have received from this Government while they remained under its Protection.
The Governor and Council being unanimously of opinion that all the Indians now in the Barracks of this City, should, as soon as possible, be removed, and sent into their own Country ; and as they had been refused by the Governor of New York, a passage thro' that Province to Sir William Johnson's seat, The Council advised the Governor to write by Express to Sir William, as Superintendant of Indian Affairs, & desire his opinion as the most prudent and proper Expedient for the removal of the said Indians, and also to desire General Gage would be pleased to continue his protection of them by the Guard he has sent for that purpose, till an answer comes from Sr. Wm. Johnson.
The following Letter was accordingly sent to Sir Wm. :
A Letter from the Governor to Sr. Wm. Johnson.
" PHILADELPHIA, 17 Febr"., 1764.
" Sir :
" I had the pleasure to receive your favour of the 20th Ultº., and am now to acquaint you that the Indians who were refused a Passage through the Province of New York, returned safe to Philadelphia, under an Escort of a party of Royal Americans, by the order of General Gage, & have continued since in the Barracks bere. It was very fortunate they were under the protection of that Guard, otherwise I fear they would have been all put to death by a very considerable number of armed men, who came last Week from the Frontiers, as far as Germantown, on that horrid design, but were, happily, diverted from putting it in Execution, in a great measure, by the opposition they apprehended from the Inhabitants of this City, as well as the King's Troops. It now seems more than ever necessary that all the Indians should be removed out of the Province, in order to put a stop to the present disturbances and murmurs of the People ; and lest their Rage may not be restrained by any measures in the power of the Government, from venting it- self still in the Destruction of these Indians. As I would take the most prudent and easy method of removing them into their own Country, and avoid any steps that might interfere with Indian Af- fairs in general, I must beg your opinion & advice on this head, whether it would be advisable to send them up by the shortest way under a Guard, to the Towns on the Susquehanna, or whether Governor Colden would not consent, upon an Application from you,
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that they might pass up Hudson's River as far as Albany, in a Sloop, which might take them on board at Amboy; Or, if you think of any better expedient for their removal, I should be glad you would communicate it to me by the return of the Bearer, whom I send Express with this Letter.
" I have asked General Gage's further protection of the Indians here 'till I receive your answer.
"I am, Sir, Your most Obedient humble Servant,
"JOHN PENN.
"To Sir WM. JOHNSON, Bart."
The Governor also laid before the Board the following Remon- strance from the Frontier Inhabitants, addressed to himself and the Assembly, setting forth their Grievances, and praying a redress of them, which was read and ordered to be carried by the Secretary to the House for their Consideration :
" To the Honourable JOHN PENN, Esquire, Governor of the Province of Pennsylvania, & of the Counties of New Castle, Kent, and Sussex, on Delaware, and to the Representatives of the Free- men of the said Province, in General Assembly met:
"We, Matthew Smith and James Gibson, in behalf of ourselves and His Majesty's faithful and loyal Subjects, the Inhabitants of the Frontier Counties of Lancaster, York, Cumberland, Berks, and Northampton, humbly beg leave to remonstrate & lay before you the following Grievances, which we submit to your Wisdom for Re- dress.
"First. We apprehend that as Freemen and English Subjects, we have an indisputable Title to the same Privileges & immunities with His Majesty's other Subjects who reside in the interior Coun- ties of Philadelphia, Chester, and Bucks, and therefore ought not to be excluded from an equal share with them in the very important Privilege of Legislation; nevertheless, contrary to the Proprietors Charter and the acknowledged principles of common Justice & Equity, our five Counties are restrained from electing more than ten Representatives, viz" : four for Lancaster, two for York, two for Cumberland, one for Berks, and one for Northampton, while the three Counties and City of Philadelphia, Chester, and Bucks, elect Twenty-Six. This we humbly conceive is oppressive, unequal, and unjust, the cause of many of our Grievances, and an infringement of our Natural privileges of Freedom & Equality; wherefore, we humbly pray that we may be no longer deprived of an equal num- ber with the three aforesaid Counties, to represent us in Assembly.
" Secondly. We understand that a Bill is now before the House of Assembly, wherein it is provided that such Persons as shall be
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charged with killing any Indians in Lancaster County, shall not be tried in the County where the Fact was committed, but in the Counties of Philadelphia, Chester or Bucks. This is manifestly to deprive British Subjects of their known Privileges, to cast an eter- nal Reproach upon whole Counties, as if they were unfit to serve their Country in the quality of Jurymen, and to contradict the well known Laws of the British Nation in a point whereon Life, Liberty and security essentially depend, namely, that of being tried by their equals in the neighborhood where their own, their Accusers, and the Witnesses' Character and Credit, with the Circumstances of the Fact, are best known, & instead thereof putting their Lives in the hands. of Strangers, who may as justly be suspected of partiallity to as the Frontier Counties can be of prejudices against Indians ; and this, too, in favour of Indians only, against His Majesty's faithful & loyal Subjects. Besides, it is well known that the design of it is to com- prehend a Fact committed before such a Law was thought of. And if such practices were tolerated, no man could be secure in his most valuable Interest. We are also informed, to our great Surprize, that this Bill has actually received the assent of a Majority of the House, which we are persuaded could not have been the case, had our Fron- tier Counties been equally represented in Assembly. However, we hope that the Legislature of this Province will never enact a Law of so dangerous a tendency, or take away from his Majesty's good Subjects a privilege so long esteemed sacred by Englishmen.
" Thirdly. During the late and present Indian War, the Fron- tiers of this Province have been repeatedly attacked and ravaged by Skulking parties of the Indians, who have with the most Savage Cruelty murdered Men, Women and Children, without distinction, and have reduced near a thousand Families to the most extream distress. It grieves us to the very heart to see such of our Frontier Inhabitants as have escaped Savage Fury with the loss of their par- ents, their Children, their Wives or Relatives, left destitute by the public, and exposed to the most cruel Poverty and Wretchedness while upwards of an Hundred and twenty of these Savages, who are with great reason suspected of being guilty of these horrid Barbari- ties, under the Mask of Friendship, have procured themselves to be taken under the protection of the Government, with a view to elude the Fury of the brave Relatives of the murdered, and are now main- tained at the public Expence. Some of these Indians now in the Barracks of Philadelphia, are confessedly a part of the Wyalousing Indians, which Tribe is now at War with us, and the others are the Moravian Indians, who, living with us under the Cloak of Friendship, carried on a Correspondence with our known Enemies on the Great Island. We cannot but observe, with sorrow & in- dignation, that some Persons in this Province are at pains to extenuate the barbarous Cruelties practiced by these Savages on our murdered Brethren & Relatives, which are shocking to human Nature, and must pierce every Heart, but that of the hardened per-
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petrators or their Abbettors; Nor is it less distressing to hear others pleading that, although the Wyalousing Tribe is at War with us, yet that part of it which is under the Protection of the Gov- ernment, may be friendly to the English, and innocent. In what nation under the Sun was it ever the custom that when a neighbor- ing Nation took up Arms, not an individual should be touched but only the Persons that offered Hostilities ? Who ever proclaimed War with a part of a Nation, and not with the Whole ? Had these Indians disapproved of the Perfidy of their Tribe, & been willing to cultivate and preserve Friendship with us, why did they not give notice of the War before it happened, as it is known to be the Result of long Deliberations, and a preconcerted Combination among them ? Why did they not leave their Tribe immediately, and come among us before there was Ground to suspect them, or War was actually waged with their Tribe? No, they stayed amongst them, were privy to their murders & Ravages, until we had destroyed their Provisions, and when they could no longer sub- sist at home, they come, not as Deserters, but as Friends, to be maintained through the Winter, that they may be able to Scalp and butcher us in the Spring.
" And as to the Moravian Indians, there are strong Grounds at least to suspect their Friendship, as it is known they carried on a Correspondence with our Enemies on the Great Island. We killed three Indians going from Bethlehem to the Great Island with Blankets, Ammunition, & Provisions, which is an undeniable Proof that the Moravian Indians were in confederacy with our open Ene- mies ; And we cannot but be filled with Indignation to hear this action of ours painted in the most odious and detestable Colors, as if we had inhumanly murdered our Guides, who preserved us from perishing in the Woods, when we only killed three of our known Enemies, who attempted to shoot us when we surprized them. And besides all this, we understand that one of these very Indians is proved by the oath of Stinton's Widow, to be the very Person that murdered her Husband. How then comes it to pass, that he alone, of all the Mo- ravian Indians, should join with the enemy to murder that family? Or can it be supposed that any Enemy Indians, contrary to their known custom of making War, should penetrate into the Heart of a settled Country, to burn, plunder, and murder the Inhabitants, and not molest any Houses in their return, or ever be seen or heard of ? Or how can we account for it, that no ravages have been committed in Northampton County, since the removal of the Moravian Indians, when the Great Cove has been struck since ? These things put it beyond doubt with us that the Indians now at Philadelphia are His Majesty's Perfidious Enemies, & therefore to protect and maintain them at the Public Expence, while our suffering Brethren on the Frontiers are almost destitute of the necessaries of Life, and are neglected by the Public, is sufficient to make us mad with rage, and tempt us to do what nothing but the most violent necessity can
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vindicate. We humbly and earnestly pray, therefore, that those Enemies of His Majesty may be removed as soon as possible out of the Province.
"Fourthly. We humbly conceive that it is contrary to the max- ims of good Policy, and extremely dangerous to our Frontiers, to suffer any Indians, of what tribe soever, to live within the Inhabited parts of this Province, while we are engaged in an Indian War, as Experience has taught us that they are all perfidious, & their Claim to Freedom & Independency, puts it in their power to act as Spies, to entertain & give intelligence to our Enemies, and to furnish them with Provisions and Warlike Stores. To this fatal intercourse, be- tween our pretended Friends and open Enemies, we must ascribe. the greatest of the Ravages and Murders that have been committed in the course of this and the last Indian War. We, therefore, pray that this grievance be taken under consideration and remedied.
" Fifthly. We cannot help lamenting that no Provision has been hitherto made, that such of our Frontier Inhabitants as have been wounded in defence of the Province, their Lives and Liberties, may be taken care of, and cured of their Wounds at the publick, Ex- pence. We, therefore, pray that this Grievance may be redressed. " Sixthly. In the late Indian War this Province, with others of His Majesty's Colonies, gave rewards for Indian Scalps, to encourage the seeking them in their own Country, as the most likely means of destroying or reducing them to reason, but no such Encourage- ment has been given in this War, which has damped the Spirits of many brave Men, who are willing to venture their Lives in parties against the Enemy. We, therefore, pray that public rewards may be proposed for Indian Scalps, which may be adequate to the Dan- gers attending Enterprizes of this nature.
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