USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 20
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tion, and contrary to their late most solemn Treaties, ungratefully renewed War upon this Province, and in a most Savage, cruel, & perfidious manner, killed and butchered great numbers of the Inha- bitants, burnt and destroyed their Habitations, and laid waste the Country ; I have, therefore, thought fit, by and with the advice of the Council, to issue this Proclamation, and do hereby declare the said Delaware and Shawanese Indians, & all others, who, in Con- junction with them, have committed Hostilities against his Majesty's Subjects within this Province, to be Enemies, Rebels, and Traitors to his Most sacred Majesty ; And I do hereby require all his Ma- jesty's Subjects of this Province, and earnestly invite those of the neighbouring Provinces, to embrace all opportunities of pursuing, taking, killing, & destroying the said Delaware and Shawanese In- dians, and all others concerned in committing Hostilities, Incur- sions, Murders, or Ravages, upon this Province ; And Whereas, the Six united Nations of Indians, viz": The Mohickons, Oneidas, On- ondagoes, Cayugas, Senecas, and Tuscaroras, have been, for the most part, in constant Amity with the Crown of Great Britain, and are now actually engaged with Sir William Johnson, his Majesty's Superintendant for Indian Affairs, in renewing and firmly estab- lishing the peace and Friendship subsisting between them and the several Colonies ; And Whereas, sundry of the Delaware, Nanti- coke, & other Indians, professing a Regard and Friendship for all his Majesty's Subjects, have removed within the Inhabited parts of the Country, and put themselves under the protection of this Gov- ernment, and now live in the Barracks of this City, under a Guard of his Majesty's regular Troops, I do, therefore, declare that the several Tribes of the Six united Nations, as well as those Indians so as aforesaid, living under the Protection of this Government, and all others who shall join & act with us in the prosecution of this just & necessary War, are expressly excepted and excluded out of this Declaration ; And I do hereby, strictly forbid any of his Majesty's Subjects within this Province, to do them the least in- jury, or give them any molestation whatsoever, as they will an- swer the same at their Peril; And Whereas, it is necessary for the better carrying on Offensive Operations against our In- dian Enemies, and bringing the unhappy war with them to a speedy issue, that the greatest Encouragements should be given to all his Majesty's Subjects to exert and use their utmost Endeavours to pursue, attack, take, and destroy our said Enemy Indians, I do hereby declare and promise, that there shall be paid out of the Monies lately granted for his Majesty's use, to all and every Person and persons not in the pay of this Province, the following several and respective premiums and Bounties for the prisoners and Scalps of the Enemy Indians that shall be taken or killed within the Bounds of this Province, as limited by the Royal Charter, or in pursuit from within the said Bounds, that is to say : For every Male Indian Enemy above ten Years old, who shall be taken Prisoner,
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and delivered at any Forts garrisoned by the Troops in the pay of this Province, or at any of the County Towns, to the Keeper of the Common Gaols there, the sum of One hundred & fifty Spanish Dollars, or pieces of Eight ; For every Female Indian Enemy taken Prisoner, & brought in as aforesaid, and for every Male In- dian Enemy of ten years old, or under, taken Prisoner, and deliv- ered as aforesaid, the sum of One hundred and thirty pieces of Eight ; For the Scalp of every Male Indian Enemy above the age of ten years, produced as Evidence of their being killed, the sum of One hundred and thirty-four pieces of Eight; and for the Scalp of every Female Indian Enemy above the age of ten Years, produced as Evidence of their being killed, the sum of Fifty pieces of Eight; And that there shall be paid to every Officer or Officers, Soldier or Soldiers, as are or shall be in the pay of this Province, who shall take, bring in, and produce any Indian Enemy Prisoner, or Scalp, as aforesaid, one-half of the said several and respective Premiums & Bounties.
" Given under my hand and the Great Seal of the said Province, At Philadelphia, the Seventh day of July, in the fourth Year of his Majesty's Reign, & in the Year of our Lord one thousand seven hundred and Sixty-four.
"JOHN PENN.
" By His Honour's Command. " JOSEPH SHIPPEN, Jun'., Secretary. " GOD SAVE THE KING."
At a Council held at Philadelphia, on Thursday, the 23rd Aug", 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca.
William Logan,
Benjamin Chew, Esqrs.
Lynford Lardner,
Thomas Cadwallader, S
The Governor laid before the Board a Record of Conviction of Thomas Fowler for Burglary, at a Court of Oyer and Terminer and General Gaol Delivery held at Reading, for the County of Berks, on Tuesday, the 14th of this Instant August, before Alex". Stedman, James Read, and Jonas Seely, Esquires, Justices of the said Court, assigned by a special Commission ; And it appeared by the said Record that the said Thomas Fowler was legally tried and convicted of Felony and Burglary, committed in the House of Sarah Drury, in the said Town of Reading, the 24 day of February last, and had received Sentence of Death for the same. The Board taking this matter into Consideration, and finding that Mr. Stedman, one of the Justices, had reported to the Governor that he believed the said
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Fowler to be a great Villain, and that not a single Circumstance appeared in his favour on his Trial, were of opinion that the sentence of the Court should be executed. The Governor accordingly signed a Warrant under the Lesser Seal of this Province, for his Execution on Friday, the 7th day of September next.
Tuesday, 11th September, 1764. A. M.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House were met pursuant to Adjournment, and desired to know if his Honour had any Business to lay before them, to which he made answer that he had nothing to recommend at present, and whenever he had he should communicate the same to the House by the Secretary.
Friday, 14th September, A. M.
The Governor laid before the Assembly by the Secretary for their perusal, a Letter from Colo. Bradstreet, dated at Presque Isle, the 14 August, 1764, inclosing a Copy of the Terms of Peace, which > he had granted to the Western Indians living between Lake Erie & the Ohio. The said Letter and Copy of Peace are as follow, as also a Letter from Col. Bouquet, dated at Fort Loudon, 27 Aug., 1764, which accompanied them.
A Letter from Col. Bradstreet to the Governor.
" PRESQUE ISLE, 14th August, 1764.
" Sir :
" As it may be agreeable to you and the People under your Gov- vernment, to know as soon as possible of the peace concluded with all the Nations of Indians, that have done you so much damage, I. have inclosed you a Copy of what has passed upon the Occasion. " I am, Sir, " Your most humble servant, "JOHN BRADSTREET.
"P. S. Perhaps, under the present Circumstances of the Troops act- ing from your Quarter, and the advanced Season, it may be agreeable to the Southern Governments to have early information of this af- fair, in which you will be pleased to act as may be most agreeable to you.
" The Hon. Governor PENN."
VOL. IX .- 13.
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"Three o'clock in the afternoon, August 12th, 1764.
" LAKE ERIE CAMP, at l' Anie aux Feuilles.
"At the request of ten Savages who arrived this Morning, say- ing they were sent by the Hurons of Sandusky, the Shawanese, the Delawares, what they call the Five Nations, inhabiting the Scioto Plains, the Banks of the Ohio, Presque Isle, &ca., &ca., I received from them the following Speeches :
"First. A long Compliment, with a String of Wampum.
"Secondly. A String of Wampum, begging leave to speak & be heard.
"Thirdly. We ask in the name of the whole of the above Na- tions, where this Army is going, and what are your intentions ?
" That on receiving certain Intelligence that you were coming against us with an Army, we immediately called in all our Warriors who were out against your Frontiers, and determined to meet you on this Lake, and beg for Mercy, & forgiveness and Peace, which we now do, in the name of and by the Order of the Na- tions above mentioned, the whole being truly sensible of their past Folly and unjust Behaviour to the English, without Cause."
A String of Wampum.
" Colonel Bradstreet's Answers to the above.
" First. I thank you for your Compliment.
"'Secondly. You may have leave to speak openly and freely.
"'Thirdly. The reason for marching the Army this way to revenge the Insults and Injuries done to the English, on those Savages who have not asked forgiveness, & given Sureties for their future good Behaviour.
" You have done well in calling in all your Warriors, begging Peace, and truly repenting of your late insolence and bad conduct towards the English, without any provocation whatsoever, and I am surprised to find you begging peace and forgiveness, so soon after writing such an impertinent Letter as that you sent by Smallman to Pittsburg, Detroit, &ca .; notwithstanding which, since you implore Forgiveness and Mercy, I will on the following Terms grant Peace unto you, provided you are fully impowered from the Nations above mentioned, and that the Chiefs will ratify it as soon as possible, and that you name the Chiefs.'
"Answer :
""'We are fully impowered to conclude and sign a Peace, if we can obtain it. The Chiefs of the above Nations will ratify it, & their names are as followeth, viz' :
"'For the Shawanese-Scobalectic, the great War Chief.
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""'Delawares-The whole of the Chiefs.
"'Sandusky Hurons-Sastaregi, Chief of the Warriors.
"'And themselves of the Five Nations of the Scioto Plains, &ca., &ca., viz *: Cuyashota, Decencytaryectoo, Tisnennockshorce, Aley- vauneta, and Anarunqua.'
"Terms on which Peace is granted :
""'First. All Prisoners shall be delivered up at Sandusky di- rectly-Enlish, French, and Blacks, without reserve or excuse of being married, or any otherwise connected with you ; & should there be any unwilling to leave you, they must be obliged to come.
"'Secondly. All the Chiefs above mentioned shall come with their Prisoners and ratify the Peace I shall now grant.
""'Thirdly. Six of the Principal Men of the Deputation, now here, must remain as Hostages for the true Performance of the En- gagements they hereby enter into; and in consideration of my not marching, immediately on my landing, against their Castles, as I at first intended ; and the other four, with one of my Officers and an . Indian belonging to this Army, must proceed with the utmost dis- patch to acquaint the Chiefs of the peace granted, and what is expected from them, as I am determined not to lose time, or suffer myself to be imposed on.
"'Fourthly. That this Peace may last forever, the Nations above mentioned must entirely relinquish their claims to the Forts and Posts the English now have in their Country ; and that the English shall be at liberty to build & erect as many Forts or Trading Houses as they may find necessary for carrying on Trade betwixt them and the Savages without Interruption, and they shall grant as much Land round the Forts as a Cannon can throw a shot over, for the raising a proper supply of Provisions for the use of the Garrison and Traders, which Lands they are to renounce and look on as the property of the English for ever.
"' Fifthly. That I shall be at liberty to send in safety from this Army to your Castles, Six English, six Canadians, and six Indians, to see that you bring away all the Prisoners that you have, which Prisoners you are to furnish with Horses and Provisions during. their Journey, and treat them with all the tenderness and kindness you can shew ; and that I may, for the Security of the People I send, have with me an equal number of Indians of your Nations, till the return of the above six English, six Canadians, & Six In- dians.
"' Sixthly. That if hereafter it should happen that any person. belonging to the above nations shall kill or plunder any of the English, the person or persons so offending, shall be immediately given up and delivered at Fort Pitt, there to be tried for the Of- fence committed, agreeable to the Laws and Customs of the En- glish, with this Difference only, that one-half of the Jury shall be Indians of the same Nation as the Offender.'
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, ""'Seventhly. You cannot be ignorant of an Army's marching against the above nations by the Ohio; but in consideration of your truly repenting of your late bad conduct towards the English, and the Engagements you hereby enter into, and the Promises you also make of your future good Behaviour, I shall send and prevent their proceeding against you ; but be assured, should you ever be guilty of the like bad Behaviour again, you shall be cut off from the Face of the Earth.'
" 'Eighthly. If any of the Nations or Tribes herein mentioned, should separately violate this Peace and disturb the publick Tran- quility, the others shall consider themselves as bound to make War on them separately or jointly with the English and their Allies, till they have brought them to reason, as also against any Indians, Enemies to the English, and the English will assist them against their Enemies.'
"'Ninthly. To avoid being imposed on by Delays in ratifying this peace, & so lose the Season for acting against the above Indians, I do allow twenty-five days from the date hereof, for the arrival of the Chiefs of the above Nations, with all their Prisoners at San- dusky, and should they fail herein, what has been done I shall look on as void, and they may expect to find us Warriors instead of Brothers and Friends.'
"' By the power invested in me by His Excellency, Major Gene- ral Gage, Commander-in-Chief of all His Majesty's Forces in North America, &ca., these are the Terms of Peace I grant to the Nations heretofore mentioned ; that is to say, to the Shawanese, Delawares, the Hurons of Sandusky, the five Nations of Scioto, the Ohio and Presque Isle.'
"' Given under my hand & Seal, at the place and on the date above mentioned.'
""'JOHN BRADSTREET.'
" From the power we have received from the Chief of the Dela- wares, the Shawanese, the Hurons of Sandusky, the Five Nations of the Indians inhabiting the Plains on Scioto, the Banks of the Ohio, Presque Isle, &ca., &ca.
" We do in the name of the above Nations, together with our- selves, most gratefully accept the Terms above mentioned & granted, and we do, also, most solemnly bind ourselves & them to the true performance of each article in every respect.
" Signed after the manner of the Indians, with the Representa- tion of a Turtle, a Fox, and Wolf, with two Crosses.
" This Peace being agreed on, the Six Nations and Indians of Canada got up and took the Deputies by the hand, saying they were glad to see they were come to their senses, and hoped they would continue so, if they did not, on the first Breach of this
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Peace, which they were witnesses to their concluding, they would immediately make War against them.
" A true Copy.
"THOMAS MANT, Aid-de-Camp."
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A Letter from Colonel Bouquet to the Governor.
" FORT LOUDON, 27th August, 1764.
“ Sir :
" I have the Honour to transmit to you a Letter from Colonel Bradstreet, who acquaints me that he has granted Peace to all the Indians living between Lake Erie & the Ohio, but as no Satisfaction is insisted on, I hope the General will not confirm it, and that I shall not be a witness to a Transaction which would fix an indelible Stain upon the Nation.
" I, therefore, take no notice of that pretended Peace, & proceed forthwith on the Expedition, fully determined to treat. as Enemies any Delawares or Shawanese I shall find in my way, till I receive contrary Orders from the General.
" I have the Honour to be, with great respect, "Sir, Your most Obedt. & most h'ble Servant, "HENRY BOUQUET.
" Governor PENN."
Wednesday, Sept. 19th, 1764.
MEMORANDUM.
Mr. Allen and Mr. Rhoads, a Committee of the House, waited on the Governor and presented to him a Bill, entituled a " Supplement to an Act entituled ' An Act for granting to His Majesty the Sum of £24,000 for the Defence and Protection of this Province and for other purposes therein mentioned,"' for his Consideration and Concurrence. The Governor told the said Committee that he would consider the said Bill, and let the House know his result thereon.
The same Gentlemen informed the Governor that the House were preparing a Bill for erecting a Light House at the Mouth of Delaware Bay, in which it would be necessary to appoint an Officer to collect certain Duties on Ships and Vessels, intended to be im- posed by the said Bill, to defray part of the Expence of erecting and supporting the said Light House, and that the House had ap- pointed them a Committee to confer with the Governor about a proper Person to fill the said office. Whereupon the Governor en- tered into a Conference with the said Committee on the occasion, & Thomas Coombe being proposed for the said Office of Collector, the Governor agreed that His name should be inserted in the said Bill accordingly.
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Saturday the 22nd September, 1764.
The Members of Council were summoned to meet the Governor in Council this Morning at 10 o'Clock, and Benjamin Chew, Es- quire, alone attending, the Governor with him read and examined two Bills sent up by the Assembly for his Honour's Concurrence entituled as follows, vizt :
" A Supplement to the Act entituled ' An Act for granting to his Majesty the Sum of £24,000 for the defence and Protection of this Province, and for other purposes therein mentioned." '
" A Supplement to the Act entituled ' An Act for erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape Henlopen, for placing and fixing Buoys in the said Bay and River Delaware, & for appointing Commissioners to Receive, collect and recover certain Sums of Money heretofore raised by way of Lottery, & to appropriate the same to the purposes aforesaid." '
The Governor, having agreed to the former Bill, and finding that the Person appointed to the Office of Collector in the latter, is the same whom he agreed on with the Committee of Assembly, the 19th Inst., had no objection to it, and directed the Secretary to re- turn the said Bills to the House, acquainting them that he gave his assent thereto, and would be ready to pass them into Laws whenever the House should present them for that purpose.
This being accordingly done, two Members waited on the Gover- nor with a Message from the House, desiring to know if his Hon- our would be pleased to pass the two Bills this forenoon. The Gov- ernor answered that he should go immediately to the State House for that purpose. His Honour, being in the Council Chamber, ac- quainted the House, by the Secretary, that he required their atten- dance there. They accordingly attended, and the Speaker presented the Bills before mentioned to the Governor, who enacted them into Laws, and signed a Warrant for affixing the Great Seal to them, which being done, the two Laws were deposited in the Rolls Of- fice.
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Eodem die, 9 o'Clock, P. M., The Assembly broke up.
At a Council held at Philadelphia on Thursday, 4th October, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew,
Richard Penn,
Lynford Lardner, Š Esqrs.
The Governor laid before the Board the returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, North-
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ampton, Berks, and New Castle, which being read and considered, the following Persons were appointed, & Commissions were filled up accordingly, viz" :
William Parr,
Sheriff,
Philadelphia County.
Caleb Cash,
Coroner,
Philip Ford,
Sheriff,
Chester do-
Davis Bevan,
Coroner,
John Gregg,
Sheriff,
Bucks do.
John Addis,
Coroner,
Peter Kechlein,
Sheriff,
Northampton do.
David Berringer,
Coroner,
Jacob Weaver,
Sheriff,
Berks do.
Samuel Weiser,
Coroner,
Thomas Duff,
Sheriff,
New Castle do.
William Stewart,
Coroner; S
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5th October, 1764.
The returns of sheriffs and Coroners for the Counties of Lancas- ter & York, being this Day made to the Governor, the following Persons were appointed and Commissionated, viz“ :
John Barr, Sheriff,
Mathias Slough,
Coroner, S
Robert McPherson,
Sheriff,
York do.
John Adlum,
Coroner,
6th October, 1764.
The Governor having this Day received the Returns of Sheriffs & Coroners for the Counties of Kent and Sussex, appointed and Commissionated the following Persons, vizt :
Thomas Collins,
Sheriff,
Kent County.
Mathew Manlove,
Coroner, S
Daniel Nunez, Jun™-,
Sheriff,
Sussex do.
Henry Davis,
Coroner, S
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9th October.
The return of Sheriffs and Coroners being now made for the County of Cumberland, the Governor appointed & Commissionated Ezekiel Dunning, Sheriff, & William MCoskry, Coroner, for the said County.
Lancaster county.
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In the Council Chamber, Tuesday 16th October, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew, Esq".
Eight Members of Assembly waited on the Governor last Night, and acquainted him that pursuant to the Charter and Laws of this Province, a Quorum of the Representatives being met, had proceeded to chuse their Speaker, & desired to know when he would be pleased to receive the House, that they might present him for His Honour's Approbation, & the Governor having appointed this day at 12 o'Clock for that purpose, acquainted the House by the Secretary that he waited in the Council Chamber in order to receive them with their Speaker. The whole House accordingly attended and presented Isaac Norris, Esqr-, as their Speaker, whom the Gov- ernor was pleased to approve of; And then the Speaker, in the name & behalf of the House, claimed the usual Privileges, vizt :
1st. That the better to discharge the Business of the Public, they may at all seasonable times have. free access to the Gov- ernor.
2d. That their Persons may be protected from all arrests and In- sults, during the time of Privilege accustomed.
3d. That it would please the Governor to take no notice of any Report that may be made, touching any matter or thing that may be moved or debated in the House, until the same shall have passed into Resolves, nor give the least Credit to such Report.
4th. That his own (the Speaker's) unwilling mistakes may be excused, & not imputed to the House.
These being requested by the Speaker as the rights & privileges of the Freemen of Pennsylvania, derived and confirmed to them by the Charter & Laws of the Province, The Governor was pleased to answer, that he should always be careful to protect the House in all their just Rights & privileges.
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The 17th Day of October, 1764.
MEMORANDUM.
The Governor being acquainted that the Courts of Quarter Ses- sions & Common Pleas for the County of Cumberland, were to be held at Carlisle, on Tuesday, the 23d inst; and for the County of York, on Tuesday, the 30th instant; His Honour this day issued two General Commissions of the Peace under the Great Seal, one appointing the following Gentlemen Justices of the Peace and of the County Court of Common Pleas of and for the County of Cum- berland, vizt .:
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James Hamilton, William Till, Benjamin Shoemaker, Lawrence Growden, Joseph Turner, William Logan, Richard Peters, Lynford Lardner, Benjamin Chew, Thomas Cadwalader, Richard Penn,
Esqrs., Members of the Proprietary and Governor's Council.
John Armstrong, Ja& Galbreath,
John Byards,
William Lyon,
Williams Smith,
John McKnight,
James Carithers, Hermanns Alricks, Adam Hoops, Francis Campbell John Reynolds,
Robt Callender, Andrew Calhoon, Jas Maxwell, Sam. Perry,
John Holmes.
John Allison,
And the other Commission appointing the following Gentlemen Justices of the Peace and of the County Court of Common Pleas of and for the County of York, viz":
The Members of the Proprietary and Governor's Council as be- fore ; and
John Blackburn,
David Jameson,
Martin Eikelberger,
Archibald McGrew, Samuel Johnston,
Samuel Edie,
Mathew Dill, Mich2. Swoope,
James Welch, Robert McPherson, John Smith, Henry Sleigel, Thomas Minshall,
Conyngham Sample, William Dunlap, Joseph Hutton.
New Castle, Monday 22d October, 1764, A. M.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov"." &ca.
Benjamin Chew,
Richard Penn, Esqrs. '
" Three Members of Assembly of the Government of the Lower Counties, waited on the Governor with a Message from the House,
Jonathan Hogg,
N
Robt. Miller,
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that they had met pursuant to the Charter and Laws of the Gov- ernment on Saturday last, had proceeded to chuse their Speaker, and desired to know when and where they might present him for His Honour's Approbation. The Governor having answered them that he should be ready to receive the House immediately,
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