USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 2
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At a Council held at Philadelphia, on Tuesday the 16th No- vem"-, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Joseph Turner,
Richard Peters,
Benjamin Chew, Esquires.
The Governor laid before the Board a Copy of the Record of Court for the Tryal of Negroes, held at Philadelphia, October the
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28, 1762, before William Plumsted & William Parr, Esquires, Judges appointed for that purpose, assisted by Six Substantial Freeholders, summoned for that purpose, when two Negro men, named Caspar and Joe, were convicted of Felony and Burglary, and received Sentence of Death; and also three several petitions from the Inhabitants of Philadelphia, praying the Governor to grant a Reprieve for the said Negroes, which being read, & the matter duly considered, the Council were unanimously of Opinion, that as there appeared no particular Circumstances in the case of either. of the said two unhappy Criminals, which rendered them proper Objects of the Governor's mercy and favour, they could not advise him to interpose between the Laws and the Execution of them on this occasion, and the Governor was pleased to join with them in Opinion.
At a private Conference held at the Governor's House, with Teedyuscung, the 19th Novr., 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca., and
Richard Peters, Esquire.
Isaac Stille, Interpreter.
The Governor desired Teedyuscung to speak nothing but what should be strictly true, which he promised to do, and then he be- gan his Business, saying : " Brother :
" You may remember that some time ago I told you that I should be obliged to remove from Wyomink, on account of the New Eng- land people, and I now again acquaint you that soon after I re- turned to Wyomink from Lancaster, there came 150 of those people, furnished with all sorts of Tools, as well for building as Husbandry, & declared that they had bought those Lands from the Six Nations, and would settle them, and were actually going to build themselves Houses, and settle upon a Creek called Lechawanock, about seven or eight miles above Wyomink. I threatned them hard, and de- clared I would carry them to the Governor at Philadelphia; and when they heard me threaten them in this manner, they said they would go away, and consult their own Governor; for if they were carried to Philadelphia, they might be detained there Seven Years,. and they said further, that since the Indians were uneasy at this purchase, if they would give them back the money it had cost them, which was one or two Bushels of Dollars, they would give them their Land again.
" Brother :
"Ten days after these were gone, there came other fourteen men, and made us the same Speeches, declaring that they expected above
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3,000 would come and settle the Wyomink Lands in the Spring; and they had with them a Saw & Saw Mill Tools, purposing to go directly and build a Saw Mill about a mile above where I live, but upon my threatning those in the same manner I did the former Company, they went away, &, as I was told, buried their tools some where in the Woods. These people desired me to assist them in surveying the Lands, and told me they would reward me hand- somely for my trouble, but I refused to have any thing to do with them.
" Brother :
"Six days after these were gone, there came other Eight white men & a mulatto, and said the very same things to me that the others had said, and immediately I got together my Council, and as soon as we had finished our Consultations, I told these people that I would actually confine them and carry them to Philadelphia, & deliver them to the Governor there ; Upon which they went away, saying they would go to their own Governor, and come again with great numbers in the Spring. Some of these people stole my Horse that I bought at Easton, but they gave me another Horse, and five pounds in money, in Satisfaction for my Horse.
" Brother :
" Tho' I threatned these people hard that I would confine them and carry them down to you, yet I did not mean actually to do it, remembring that you charged me not to strike any White Men, tho' they should come, but to send you the earliest notice of their coming that was in my power.
" Brother :
"Before I got up to Wyomink from Lancaster, there had come a great Body of these New England people with intent actually to settle the Land, but the Six Nations passing by at that time from Lancaster, sent to let them know that they should not be permitted to settle any of these Lands, and on their expressing great resent- ment against them, and threatning them if they persisted, they went away. This I was told by Thomas King, who was left behind at Wyo- mink by the Six Nations to tell me that they intended to lay this whole matter before the great Council at Onondagoe, & that they would send for me and my Indians to come to Albany in the Spring, where they are to have a Meeting with the New England people, & desired I would be quiet till I should receive their Mes- sage, & then come to Albany. On this Speech of Thomas King's we met together in Council, & agreed not to give him any promise to come to Albany, but to advise the Governor of Pennsylvania of this and to take his advise what to do, and if he will go with us and advise us to go, we will go in case we should be sent for in the Spring. Brother, Surely as you have a General of the King's Armies here, he might hinder these people from coming & dis- turbing us in our possessions.
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" Brother :
" About Six days before I left Wyomink, I received a Belt, which was brought me by the Indian Man Compass ; it came first to Nutimus and from him to me. By that Belt, Beaver desired that I and the Delawares, the Wapings & Mohickons settled at Wyomink, would remove thence, and come and live at Allegheny. I wish, Brother, that there had been writings signed between Beaver and us at Lancaster, setting forth that we had made a firm peace and friendship together, and that we were very good friends & shall , always remain so ; I wish, I say, such writings had been signed by all of us and those that were present at Lancaster, that we might have it always to shew to our Children and Grand Children, and that they might remember what was done then by us. The Gov- ernor reminded him that it was not the Custom for Indians to sign writings to one another, and that"the 'same forms had been observed at Lancaster as at other Treaties." After which Teedyuscung pro- ceeded :
" Brother :
" I have one thing more to say, and then I shall have finished all I have to say at this time.
"Brother :
"You may remember that at the Treaty at Easton we were promised that a Schoolmaster and Ministers should be sent to in- struct us in religion, & to teach us to read and write ; As none' have been yet provided for us, I desire to know what you intend to do in this matter. I have now done."
20th November, 1762.
The Governor's Answer to Teedyuscung's Speech of Yesterday. " Brother :
"I thank you for the information you have given me of what passed between you and the people of Connecticut.
" Hearing that some of these people were gone towards the Sus- quehannah, I sent a special Messenger after them, to warn them from settling those Lands, & to take care not to give Offence to the Indians, from whom those Lands had not been purchased. My Messenger came fortunately just after the Six Nations had ordered them to go away, and shewn great reluctance at their presuming to come and settle those Lands; and met them returning home dis- pleased with the Six Nations for speaking to them in the rough manner they did. .
" Brother :
" I have wrote both to General Amherst and to Sir William Johnson, and to the Governor of Connecticut ; this matter is like- wise laid before the Great King by Sir William Johnson, so that
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I am in hopes you will not see any more of these troublesome people, but that measures will be taken to keep them at home. " Brother :
" I commend you for your prudent behaviour ; I did and do still desire that no blood of the White People may be shed by you, but that you will continue to give me the earliest Notice you can if you hear of any of them coming again in the Spring."
A String.
" Brother :
" I observe what you say with respect to the Message sent to Nutimus and to you by Beaver.
" You know that your Uncles, the Six Nations, have kindled a Fire for you at Wyomink, & desired you would stay there and watch, and give them notice if any White people should come to take away the Lands from them, & that you would not suffer them to do it.
"You may think, be assured, that this Winter measures will be taken to prevent these troublesome people from coming to disturb you. On these Considerations I desire you will remain quiet where you are, & not move away, as you seem to have no Inclinations to go away only on account of these New England disturbers.
" As to any Invitations the Six Nations may make to you, to come to Albany to Council with them, & to meet the New England people, you will pay such regard to them as your Connections with your Uncles require. I dont pretend to any Authority over you, but I would advise you to comply with such invitation as you shall re- ceive from your Uncles. I am not invited, and know nothing of this matter, but if I hear anything of it, I will let you know."
A Belt.
" The times have been so unsettled, that there has been no op- portunity of sending Ministers & Schoolmasters among you. Now there is a likelihood of a general peace being soon established, if you determine still to continue at Wyomink, about which you have ex- pressed some doubts to me, I shall consider of this matter, & send you an answer at a proper time."
A String.
At a Council held at Philadelphia, on Tuesday the 18th January, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Joseph Turner, Richard Peters, & Benjamin Chew, Esquires.
The Proprietaries having directed the Governor to move the As- sembly to pass a Bill for altering and amending the Act of Assem- bly passed in April, 1759, for granting One hundred thousand
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pounds to His Majesty, &cª", so as to make it conformable to the Terms expressed in the Report of the Committee of Council, made the day of in the said year, His Honour laid before the Council the Draught of a Message to the Assembly, agreeable to the proprietary direction, which was read, approved, and sent to the House by the Secretary.
A Message from the Governor to the Assembly.
" Gentlemen :
" An Act of Assembly of this province, passed in the Year 1759, intituled, ' An Act for granting to His Majesty the sum of one hundred thousand pounds,' &ca., having, pursuant to the Royal Charter, been laid before His Majesty in Council, and the Merit thereof having been fully debated, as well on the part of the Hon- ourable Proprietaries as of the Assembly and people of this pro- vince, before a Committee of His Majesty's Most honourable Privy Council for plantation affairs, their Lordships, after a full hearing, were pleased to report, as their Opinion, to His Majesty, that the said Act was fundamentally wrong and unjust, and ought to be re- pealed, unless certain Alterations & amendments, specified in the Body of the said Report, could be made therein.
"Whereupon, the Agents for the Assembly, sensible of the In- conveniencies which must necessarily arise to the people, from a Repeal of the said Act, and desirous to prevent the same, did pro- pose, agree to, and subscribe, in the Books of the privy Council, an Engagement in the following Words, vizt. :
"We, the undersigned, Benjamin Franklin and Robert Charles, Agents for the province of Pennsylvania, do hereby consent, that in case an Act passed in the said province, in April, 1759, entituled 'An Act for granting to His Majesty the sum of one hundred thou- sand pounds, and for striking the same in Bills of Credit, in the manner herein after directed, & for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, and Taxables within this province,' shall not be repealed by his Majesty in Council, We, the said Agents, do undertake, that the Assembly of Pennsylvania will prepare and pass, and offer to the Governor of the said province of Pennsylvania, an act to amend the aforementioned Act, according to the Amendments proposed in the Report made by the Lords' of the Committee of Council this day, upon the One hundred thousand pounds Act, and other pennsylvania Acts; and we will indemnify the proprietaries from any Damage they may sustain by such act not being so prepared and passed by the Assembly, and offered to the Governor.
" In full Confidence that the above engagement would be duly performed on the part of the Assembly, and in respect to other good purposes of the said Act, their Lordships were thereupon induced to represent to His Majesty, that he might rely upon this under-
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taking for the Assembly by their Agents, and permit the said Act. to stand unrepealed, because the Objections upon which they should have founded their advice for the Repeal, would certainly be re- moved, in a way more agreeable & convenient to the Province.
" His Majesty having taken the said Report into His Royal Con- sideration, was pleased with the Advice of His Privy Council, to approve of all that was therein proposed to be done, and by His order in Council, of the Second of September, 1760, to declare, that the abovementioned Act of Assembly should accordingly stand unrepealed.
" Very soon after the aforesaid report and Order of Council came to my Hands, viz-, on the twenty-eight of January, 1761, I laid them before the then Assembly, acquainting them at the same time, by a Message in Writing, that whenever they should think proper to prepare and offer to me a Bill to alter and amend the aforemen- tioned Act, so as to make it conformable to the Sentiments of the Lords of the Committee aforesaid, approved by His Majesty, & to the express Stipulations of their Agents, as set forth in the said report, I should think it my Duty to concur with them, by enacting it into a Law. To this, sometime after, they were pleased to return me an answer, though, by no means a Satisfactory one, inasmuch they did not declare whether they would or would not comply with the Engagements entered into by their Agents, in their Behalf, although I had more than once particularly urged them for an ex- plicit Answer to that point.
" In this Situation things have hitherto continued, and the Per- formance of the Stipulations entered into by your Agents, on your Behalf, yet remains to be complied with, although there is the greatest reason to believe that those very Stipulations were the means of exempting the Province from the many Inconveniencies it would have been subjected to, by a repeal of the aforementioned Act of Assembly.
"I am now to acquaint you, Gentlemen, that I have it command from' the Proprietaries, to move you to pass a Bill for altering & amending the aforesaid Act of 1759, for granting One hundred thousand Pounds to His Majesty, &ca., so as to make it conformable to the Terms expressed in the Report of the Committee aforesaid, and to the Engagements entered into by your Agents ; and I do ac -: cordingly, recommend this measure as fit to be taken into your pre -. sent Consideration, not only because it appears to me to be ex- treamly just, but because a refusal, or further delay on your part, may be productive of those mischiefs & Inconveniencies which a for- mer Assembly seemed so much to apprehend from a Repeal of the said Law, and which it was manifestly the Intention of your Agents to avert, by entering into the aforesaid Engagements. And I can- not but think it a lucky Circumstance that one of the Gentlemen who acted as your Agent in England during the whole of this trans- action, is now upon the Spot, and capable of explaining to you the.
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very good reasons and motives that induced him to enter into those Engagements.
"JAMES HAMILTON.
"January 18th, 1763."
The Governor laid before the Board two Bills, sent up by the House, for His Honour's Concurrence, the one entituled 'a Sup- plement to an act entituled ' An Act to enable the Owners and Pos- sessors of a certain Tract of Marsh and Meadow Land therein des- cribed, situate in the Counties of Philadelphia and Chester, to keep the Banks, Dams, Sluices, and Floodgates in repair, and to raise a Fund to defray the Expence thereof,' and the other entituled
" An Act for extending and enlarging the Southern District of Darby Marsh, or Meadow Ground," which were read and considered, and there appearing nothing objectionable to them, they were re- turned to the House, with a verbal Message that the Governor was ready to pass them into Laws whenever they should be presented to him for that purpose.
· At a Council held at Philadelphia, on Tuesday, the 25th Jany., 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca
Richard Peters, William Logan, Benjamin Chew, Esquires.
The Governor having received by the Pitt Pacquet, a Letter da- ted Novem". 27th, 1762, from the Right Honorable the Earl of Eg- reemont, one of the Principal Secretaries of State, inclosing His Majesty's Proclamation of a Cessation of Arms agreed upon be- tween England, France, and Spain, laid them before the Board, to- gether with His Honour's Proclamation, which being read and ap- proved, a Warrant was issued for the affixing the Great Seal thereto, and the same was agreed to be published at the Court House to- Morrow at 12 o'clock, & ordered also, to be printed in the Penn- sylvania Gazette & Journal.
The Governor directed the Secretary to prepare another Procla- mation for the Government of the Lower Counties, and to send the same to Richard McWilliam, Esquire, at New Castle, to be pub- lished at the Court House there.
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A Letter from the Right Honorable the Earl of Egremont to the Governor.
"WHITEHALL, Nov. 27th, 1762.
" Sir :
"It is with great pleasure I now acquaint you, that on the 8th Instant a Messenger arrived from the Duke of Bedford, with the Preliminary Articles of Peace, which had been signed on the 3rd of this Month, at Fontainebleau, by His Grace and the Plenipotentia- ries of France and Spain ; and another Messenger having Yesterday brought the Ratifications of the said Preliminaries, which had been exchanged at Versailles, on Monday last; His Majesty was pleased immediately to order a Proclamation to be published, declaring a Cessation of Arms, as well by Sea as Land, which I inclose here- with, and am commanded to signify His Majesty's Pleasure to you that you do cause the same to be published in all the proper places under your Government, to the end, that all His Majesty's Subjects there may pay due obedience thereto, and strictly observe the same.
" I congratulate you most sincerely on this fortunate Issue of the King's unwearied Endeavors to put an end to the Calamities of so long and destructive War, by restoring as far as has depended on His Majesty, the general Peace and Tranquility.
"I am, with great Truth & Regard, Sir, "Your most Obedient humble Servant,
"EGREMONT."
By the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor and Commander-in-Chief of the province of Pennsylva- nia, & Counties of New Castle, Kent, & Sussex, upon Delaware.
A PROCLAMATION.
" WHEREAS His Majesty was graciously pleased on the twenty- Sixth day of November last past, to issue His Royal Proclamation in the words following, viz' :
" GEORGE, R.
" Whereas, Preliminaries for restoring Peace were signed at Fon- tainebleau, on the third day of this Instant, November, by the Min- isters of us, the Most Christian King, and the Catholic King: And whereas, for the putting an end to the Calamities of War as soon and as far as may be possible, it has been agreed between Us, the most Christian King and his Catholick Majesty, as follows; that is to say :
" That as soon as the Preliminaries shall be signed & ratified, all Hostilities shall cease at Sea and at Land.
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" And to prevent all Occasions of Complaints and Disputes which might arise upon account of Ships, Merchandizes, and other Effects, which might be taken at Sea, it has been also mutually agreed, That the Ships, Merchandizes, and Effects, which should be taken in the Channel and in the North Seas, after the Space of twelve days, to be computed from the Ratification of the present Prelimi- nary Articles ; And that all Ships, Merchandizes, and Effects, which should be taken after Six weeks from the said Ratification, beyond the Channel, the British Seas, and the North Seas, as far as the Canary Islands, inclusively, whether in the Ocean or Mediterranean ; and for the Space of three Months, from the said Canary Islands to the Equinoctial Line or Equator; and for the Space of Six Months, beyond the said Equinoctial Line or Equator, & in all other places of the World, without any exception, or other more particular Dis- tinction of Time or Place, should be restored on both sides.
" And Whereas, the Ratifications of the said Preliminary Articles, in due form, were exchanged at Versailles by the Plenipotentiaries of Us, the Most Christian King, and of the Catholick King, on the twenty-second of this Instant, November, from which day the sev- eral Terms above mentioned, of Twelve days, of Six Weeks, of Three Months, and of Six Months, for the Restitution of all Ships, Merchandizes, and other Effects taken at Sea, are to be computed.
" We have thought fit, by and with the advice of our privy Council, to notify the same to all Our loving Subjects, and We do declare, That our Royal will and Pleasure is, and we do hereby strictly charge and command all our Officers, both at Sea and Land, & all other Our Subjects whatsoever, to forbear all Acts of Hos- tility, either by Sea or Land, against His Most Christian Majesty, and His Catholick Majesty, Their Vassals or Subjects, from and after the respective times abovementioned, and under the penalty of · incurring our highest Displeasure.
" Given at Our Court at St. James's, the twenty-sixth day of November, in the Third Year of our Reign, and in the Year of Our Lord 1762.
" And Whereas, a Copy of the said Proclamation hath been transmitted to me by the Right Honorable the Earl of Egremont, one of His Majestie's principal Secretaries of State, who hath also signified to me His Majesty's Royal Will and Pleasure that the same should be published in all the proper places under my Gov- ernment, to the End that all His Majesty's Subjects there may pay due Obedience thereto, and strictly observe the same ; I have therefore, in Obedience to the said Royal Order, signified to me as aforesaid, with the advice of the Council, caused the said Proclama- tion to be this day published, and do hereby strictly charge and command all his Majesty's Subjects within this Province to take Notice of His Royal Will and Pleasure thercin made known, and to conform themselves thereto accordingly.
"Given under my hand, & the Great Seal of the Province of Pennsylvania, at Philadelphia, this twenty-sixth day of January,
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in the third Year of His Majesty's Reign, and in the Year of our Lord, one thousand seven hundred & sixty-three.
"JAMES HAMILTON. " By His Honour's Command. " JOSEPH SHIPPEN, jun' ", Secretary. "GOD SAVE THE KING."
-
Wednesday, the 26th January, 1763.
MEMORANDUM.
This day at 12 o'Clock, the Governor being attended at His House by the Council, Mayor, Recorder, Aldermen, Common Councils, Sheriffs, and inferior Officers, & accompanied by several of His Majesty's Officers of the Army, went in Procession to the - Court House, where being met by the Speaker and Members of Assembly, His Honor's Proclamation of the Cessation of Arms, was read by the Secretary, with the usual Solemnity, in the presence of a great Concourse of People.
At a Council held at Philada", on Saturday, the 29th Jan"", 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Joseph Turner,
Richard Peters,
Benjamin Chew, ? Esquires.
The Governor laid before the Board a Letter from the Earl of Egremont, one of His Majesty's Principal Secretaries of State, dated the twenty-seventh of Novem" last, and also a Message to the Assembly he had prepared thereupon, which was read and ap- proved and sent to the House as follows, viz":
A Message from the Governor to the Assembly.
"Gentlemen :
" I have very lately had the Honour to receive from the Right Honourable the Earl of Egremont, one of His Majestie's principal Secretaries of State, a Letter written by the King's Command, in the words following, viz':
" WHITEHALL, November 27th, 1762.
" Sir :
" Through the happy Conclusion of Preliminary Articles. of Peace between His Majesty & the Most Christian and Catholick
-
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Kings, which it is hoped will soon be followed by a Definitive treaty of Peace, will make it unnecessary for me to renew His Majesty's Requisition of any further Levy of Men in the several Provinces in North America; the King has nevertheless commanded me to express His Surprize at the Conduct of the Assembly of Pennsyl- vania (of which Sir Jeffery Amherst has transmitted a full Account) and His Majesty's high Disapprobation of their artfully evading to pay any Obedience to His Majesty's Requisitions ; for though they with seeming Chearfulness, voted the Levy of one thousand Pro- vincials for the King's Service, yet His Majesty cannot but con- sider their having obstinately persisted in the Bill they prepared for that purpose, to insert several Clauses which had been already disapproved of by the King in Council, & which they knew you could never consent to, consistently with your Duty to His Majesty and your Obligations to the Proprietaries. I say the King cannot but consider such Conduct as proceeding from a predeterminated Resolution not to afford any Assistance to the Service in General ; now the immediate Danger is removed from their own Doors, And the refusing at once to comply with the King's Demands, (as your Assembly has done in that most necessary Service of furnishing a proportion of Recruits for the Regular Forces, & which was so earnestly recommended to them in the King's name) or the grant- ing the Levy requested, and afterwards artfully rendering the same ineffectual, are considered by His Majesty as the same thing, & cannot but equally incur his just Displeasure. And it is His Maj- esty's pleasure that you should make known to the Assembly of your Province in such manner as you shall judge most proper, these His Majesty's Sentiments of their Conduct, in order that they may not suppose that it is not seen in its true Light. I have, at the same time, the Satisfaction to assure you that the King is very sensible of your Zeal for His Service, & that you have urged, with proper Energy, every Argument and Motive to induce the Assem- bly of Pennsylvania to come to a due Sense of their Duty. " I am with great Truth and Regard, Sir, " Your most Obedient, humble servant, "EGREMONT."
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