USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 27
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Abettors of them brought to punishment, it is impossible to say where they will end. If the King's Troops are fired upon, and his Forts threatned with Assaults by Men in Arms, headed by Magis- trates, who refuse the ordinary Course of justice demanded of them by the Officers, I can't pretend to answer for the Consequences. It belongs to you to point out the Measures proper to be taken in such Circumstances, but it is my duty to represent these matters to you, and to offer you every assistance in my power for the support of Government, and to enforce an Obedience to the Laws, both which seem in danger of entire Subversion.
"It is proper to acquaint you that a very large Convoy of Goods went from New Orleans for the Illinois last February, & that it is probable they are by this time arrived there. This makes it neces- sary for us to open the Trade at Fort Pitt as soon as it is possible, & that the Officers commanding there should be made acquainted when the Traders may be expected, that he may give notice of it to the Indians of Ohio, and prevent their going to the Illinois for their necessarys. If the Trade is postponed at Fort pitt, the Indians will soon discover where supplys are to be had, & we shall drive them again into the Arms of the French.
"I am, with great regard, Sir, " Your most Obedt humble Servt., " THOS. GAGE.
" Honble. Gov". PENN."
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Extract of a Letter from Colonel Reid to General Gage.
Dated " CARLISLE, 1st June, 1765.
" I received Letters from Lieutenant Grant, Commanding at Fort Loudon, complaining much of some late Insults received from the Rioters near that post. He says on the 28 Ultimo he was taking the air on Horseback, and about half a mile from his post was sur- rounded by Five of the Rioters, who presented their pieces at him ; the person who commanded them to shoot the Bougar, that one of them fired at him, which frightned his horse, who run into the Bushes, & occasioned his being thrown upon the Ground. They then disarmed him, carried him fifteen Miles into the Woods, and threatned to tye him to a Tree and leave him to perish, if he would not give them up some Arms, which, by his Orders, were taken from the first party of Rioters that appeared at his post. When he saw they were determined to put their threats into Execution, he thought it was best to promise them their Arms, and was made to give Security to deliver them up in five Weeks, under a penalty of Forty Pounds, which being obtained in that manner, certainly can- not be binding. Mr. Grant has also sent me a Copy of a very sin-
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gular Advertisement, which was found pasted up by the rioters at some distance from his post, which I have taken the liberty to in- close. The Express who brought the dispatches from Loudon tells me he was stopt by some of the Fellows on the road, who would have taken his Letters from him, but being Armed with a Broad Sword, & his Companion having a Pistol, they stood on their defence & wou'd not Submit."
Extract of a Letter from Lieutenant Colonel Reid, Commanding his Majesty's Forces in the district of Fort Pitt, to his Excellency Gen'l. Gage, Commander-in-Chief, &ca., &ca., &ca., Dated Fort Loudon, 4th June, 1765.
" The first rendezvous of the Rioters was at Justice Smith's, about 5 Miles from Fort Loudon, the 6 day of March last; From thence they followed the first Convoy of Goods, consisting of eighty-one horse loads, twelve miles further, and burnt and pillaged Sixty-three loads. Capt". Callender applied to Lieut. Grant for a Sergeant and 12 Men, which he agreed to, who saved the remaining loads, chiefly consisting of Liquor, and made some of the rioters prisoners, who were afterwards released upon Bail, and took eight rifles, in all which Lieut. Grant is justified by Brig". Bouquet, in his Letter of the 14th of March, who desires him to keep the rifles in his possession till the Owners' names shall be found out, which he has accordingly done. Lieut. Grant, in his Letter to Brigadier Bouquet, of the 9th of March, informs him that he was threaten'd, if he did not deliver up his prisoners, that 200 Men in Arms would come and burn the Fort and rescue them by Force, which obliged Lieutt Grant to keep his Garrison under Arms a whole night, being in expectation of an Assault; and upon their being admitted to Bail, Smith, the ringleader of the Rioters, had the Assurance to come into the Fort and told Lieutenant Grant that they were determined to fire upon the Troops, in case they attempted to carry these Men Prisoners to. Carlisle.
" Several Horses loaded with Liquors and Necessaries for the Troops, on the Communication belonging to Joseph Spears, arrived at Fort Loudon, where the Goods were deposited, and the Drivers carried their Horses as usual into the Woods to Feed, where they were attacked by about thirty of the Rioters in disguise, with their faces blacked, who tied them up and flogged them severely, Killed five of their horses, wounded two more, and burnt all their Saddles. One of the drivers who made his Escape, returned to the Fort and implored the Protection and assistance of the Commanding Officer, in rescuing his Companions and preventing the Horses from being killed. Lieutt. Grant thought it his duty to send a Sergeant & 12 men for that purpose ; the Rioters finding themselves pursued, fired upon
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the Party, who returned the Fire, & Slightly wounded one of them in the Thigh.
"10th of May. About 150 of the Rioters in Arms, Commanded as I am informed, by James Smith, and attended by three Justices of the Peace, appeared before the Fort, & demanded to Search the Goods, with an intention, it is believed, to plunder and destroy them, as they had done before. Lieutenant Grant sus- pecting their design, told the Justices that the Goods were un- der his protection by order of the Commander-in-Chief, who had been pleas'd to send him Instructions to have an Inventory of the Goods taken by a Justice of the Peace, and that he intended to apply to one of their number to have it done, but did not think it safe at that time, in presence of such a Mob, whom he had reason to suspect; to which the Justices made answer that they wou'd not come again, and impertenently said, they were not under the General's Orders, but that it is their Governor's Orders they are to obey. The Justices further told Lieutenant Grant that they would pay no regard to any Military Officers pass of whatever rank he might be, and that no Goods whatever could be safe in go- ing along the Communication, without a pass from a Justice of the Peace. After this declaration, it cannot be doubted that some of these Justices have encouraged the rioters & even protect them in their lawless measures ; none of the Justices have taken any notice of the outrage & violence committed on Lieut. Grant and the two Sergeants I made mention of in my last; on the contrary Smith, who heads these villians, together with the rest of the party who com- mitted these Violences, have appeared ever since openly at Justice Smith's house, and were seen there by Lieut. Grant himself, who complained of them to the said Justices but could obtain no redress. Mr. Maxwell, a Justice of the Peace, who has always disapproved of the measures of the rioters, has had his life threatened by them .- He tells me that one of the Rioters had the assurance to confess to him the day before they appeared in arms before the Fort, that they were determined by Force to sieze upon the Goods and plun- der them, which he says the Rioters made no secret of. Mr. Max- well also says that the common place of Rendezvous for them is at Justice Smith's, who he believes encourages them. I have seen some passes signed by Justice Smith and his Brother-in-law, not only for traders but even for Soldiers of the Garrison, who are not safe to go any where about their lawful affairs by a pass from their own Officers .- They use the Troops upon every occasion with such indignity & abuse that Flesh and Blood cannot bear it .- A party of them had the Impudence again to intercept the Express I men- tioned in my last, in his return from Carlisle to this place, used him cruelly, and detained him all day yesterday; one Wilson, who seem- ed to headed the party, told the Express that they were determined to stop the Cloathing of the Regiment in its way from Carlisle."
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"ADVERTISEMENT :
"These are to give notice to all our Loyal Voluntiers, to those that has not yet enlisted, you are to come to our Town and come to our Tavern and fill your Belly's with Liquor and your Mouth with swearing, and you will have your pass, but if not, your Back must whipt & your mouth be gagged; You need not be discouraged at our last disappointment, for our Justice did not get the Goods in their hands as they expected, or we should all have a large Bounty. But our Justice has wrote to the Governor, and every thing clear on our side, and we will have Grant, the Officer of Loudon, Whip'd or Hang'd, and then we will have Orders for the Goods, so we need not stop; what we have or mind and will do for the Governor will pardon our Crimes, and the Clergy will give us absolution, and the Country will stand by us; so we may do what we please, for we have Law and Government in our hands & we have a large sum of mo- ney raised for our Support, but we must take care that it will be spent in our Town, for our Justice gives us, and that have a mind to join us, free toleration for drinking, swearing, sabbath breaking, and any outrage what we have a mind to do, to let those Strangers know their place. It was first Possess, (Black's Town,) and we move it to Squire Smith's Town, and now I think I have a right to call it, and will still remain till our pleasure, and we call it Hell's town, in Cumberland County, the 25th May, 1765."
Peeters Township.
" Your Scripture says ' that the Devil is the Father of Lies,' but I assure you this is the plain truth what I say.
" God Bless our brave loyal Volunteers, and success to our Hells- town."
The said Letters, &ca., being duly considered, the Council advi- sed the Gov". to write to the Justices of Cumberland, fully acquaint- ing them with the Complaints made by Col. Reid against the peo- ple in that County, and requiring them to obtain a full account of their Behaviour, the names of the persons concerned in any riots, sup- ported by affidavits, and particularly as to the making Lieut. Grant a prisoner, and to transmit the same to the Governor, and also commanding them to use their utmost Endeavours to suppress all riots, to preserve the publick Peace, and bring the Offenders to Jus- tice. The Board were likewise of Opinion that a Letter should be wrote to Justice Smith, requiring him to come to Philadelphia to answer the new charges against him. Another to Justice Maxwell, requiring him to appear at the same time, with witnesses to support them ; Another to Lieut. Grant, desiring him to send depositions relating to his being made a prisoner, & the abuses and insults he had received, &ca. ; And lastly, that the Governor would answer
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Gen1 Gage's Letter, giving him a detail of his own Conduct on re- ceiving intelligence of the destruction of the Goods at Sideling Hill, his Journey to Carlisle, the indefatigable pains & legal steps he had taken there to discover the Offenders & bring them to Jus- tice; And further informing him of the measures he is now taking in consequence of the General's Letter, &ca.
The Governor ordered a special Commission to be issued, appoint- ing Mr. William Conwell a Justice of the peace and of the County Court of Common Pleas for Sussex County, in the room of John Clowes, Esqr., who was appointed one of the Justices of the Su- pream Court, &ca.
28th June, 1765.
MEMORANDUM.
The several Letters which the Governor wrote to the Justices of the County of Cumberland, Mr. Smith, Mr. Maxwell, Lieuten". Grant, & to his Excellency Major General Gage, pursuant to the advice of the Council on the 25th Instant, are respectively as fol- low, vizt. :
A Letter from the Governor to Justice Smith, at Conegocheague.
PHILADª., 27th June, 1765.
" SIR :
" I am to inform you that you have been lately charged with hav- ing encouraged and protected the rioters in Cumberland County, in their illegal and disorderly proceedings, and that you have suffered your House to be made their place of Rendezvous; This was com- plained of by Lieutenant Grant & Justice Maxwell to Lieutenant Cola Reid, who communicated the same to General Gage ; and his Excellency has represented the matter to me, & sent me extracts of the Colonel's Letters, Copies of which I have sent inclosed in a Letter this day wrote to the Magistrates of Cumberland upon the Subject, and I desire to refer you more particularly to them for the Complaint made of your Conduct. As it is necessary for your own honour and my satisfaction, that you should clear up the matter if it can be done, I do require you to appear before me at Philadel- phia, on Tuesday the 30 day of July next, to answer these new Charges ; on which Occasion I have, also, required Justice Maxwell to be here.
" I am, Sir, " Your most Obed' humble Servant,
" JOHN PENN.
" WILLIAM SMITH, Esq"."'
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A Letter from the Gov'r to Justice Maxwell, at Conegocheague.
" PHILADA, 27th June, 1765.
"Sir : .
"I find by Letters which Gen. Gage has lately received from Lieut. Colonel Reid, that among other matters relating to the riotous proceedings of the Inhabitants of Cumberland, Justice Smith is charged with having countenanced and protected those people in their illegal practices, & particularly that you have in- formed the Col. that the common place of their Rendezvous is at Justice Smith's, and that you believe he encourages them. These fresh heavy Charges against Mr. Smith render it necessary for me to make a strict enquiry into his Conduct, for which purpose I have required him to be at Philadelphia, to answer them before me, on Tuesday the 30 July next, at which time I desire you will also attend here, with any Witnesses or Proofs you may have relating to Mr. Smith's behaviour, to make good your suspicions.
"I am, Sir, Your most Obed' h'ble Servant, " JOHN PENN.
" JAMES MAXWELL, Esq"."
A Letter from the Governor to the Justices of Cumberland County. " PHILADELPHIA, 27th June, 1765.
" Gentlemen :
" I have lately received a Letter from his Excellency Gen1. Gage, complaining much of the riotous conduct of the Inhabitants of Cumber- land; that they daily appear in Arms, and seem to be in a State of Re- bellion; that they are supported in their proceedings by some of the Magistrates, & particularly by Justice Smith; that the King's troops are fired upon, and his Forts threatned with assaults by Men in Arms, headed by Magistrates, who refuse the ordinary Course of Justice demanded of them by the Officers; And that unless these Insur- rections are immediately quell'd, and the Authors and Abettors of them brought to punishment, it is impossible to say where they will end, or what may be the consequences. As a foundation for these charges, the General has transmitted to me Extracts of two Letters from Lieut. Col. Reid, with a Copy of an Advertisement which was found fixed up near Fort Loudon. I herewith send you Copies of those Extracts, as far as relate to the Rioters, since my Journey to Carlisle, and I do require you forthwith to obtain a full and true state of those several matters, & to procure the names of the per- sons concerned therein, supported by Affidavits, more particularly as to the affair of making Lieut. Grant a Prisoner, and transmit the same to me. I hope my late Proclamation will have a good Effect in causing these Violences and Outrages to subside, yet I think it VOL. IX .- 18.
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necessary at this time to acquaint you in a more particular manner that it is my express Commands to each & all of you, that you be constantly diligent & active in exerting all your power, influence, & endeavours, to quell and suppress the first appearances of any riots & disorders in the County, to preserve the publick peace, & to bring the Offenders to Justice.
" If I find the same turbulent & unruly Spirit still continues which has actuated the people of your County for several Months past, I shall be under the disagreeable necessity of applying, in the last resort, to the General for the assistance of his Majesty's Troops, which he is ready to furnish me with to enforce my Orders, & a due Obedience to the Laws.
"I am, Gentlemen,
" Your most Obed' h'ble Servt., " JOHN PENN.
" To JOHN ARMSTRONG, Esqr., & his Associates, Justices of the Peace for the County of Cumberland."
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A Letter from the Governor to Lieutenant Grant.
" PHILADELPHIA, 27th June, 1765. " Sir :
" I am informed by Gen1. Gage that he has received Letters from Lieutt Col. Reid, informing him of your having received many in- sults from a set of riotous People near your Post, & particularly that on the 28 of last Month, as you was taking the air on Horse- back, you was surrounded by five of the Rioters, fired at, taken Prisoner, & carried into the Woods, & there obliged by their threats to give a Bond of £40 to deliver them up their Arms you had in possession. As it is necessary for me to be fully and particularly acquainted with these Facts, to enable me to take the proper steps to bring the Offenders to Justice, I desire you will furnish me with a true and exact State of this affair, and the names of the persons who have been guilty of those Outrages; but this must be done upon Oath, before some Justice of the Peace, who is to transmit the Deposition to me.
" If, at the same time, it is in your Power to prove any Charges you have made against Justice Smith, or any of the other Justices, with having encouraged the rioters, or Countenanced them in their lawless proceedings, they should be made to appear also, upon Oath. " I am, Sir, " Your Most Obed" humble Servt.
" JOHN PENN.
" To Lieut. GRANT, Command". at Fort Loudon."
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A Letter from the Governor to General Gage.
"PHILADELPHIA, 28th June, 1765.
“ Sir :
" Last Week I was honoured with your Excellency's Letter of the 16 Instt., inclosing extracts of two Letters from Lieutt. Col. Reid, concerning the Rioters Conduct of some of the Inhabitants of Cumberland County. In the detail the Col. has given you, he begins the affair of the Destruction of the Goods at Sideling Hill, in March last, about which I wrote you at the time, and mentioned my intention of going to Carlisle, in order to get more certain In- telligence about that matter, & to take the proper Steps to bring the Offenders to Justice. This affair was an object of much concern to me, and I was extremely anxious to make a discovery of the Of- fenders, that an effectual stop might be put to any practices of the like sort for the future. I accordingly made a Journey to Carlisle, & took with me the Attorney General and two other Members of Council. On my Arrival there I immediately sent for Capt" Cal- lender, one of the Owners of the Goods that were destroyed, to give me all the Information he could of the persons he suspected were principally concerned in the outrage, and to furnish me with all the names of ye Witnesses who could be supposed to know anything of the matter ; altho' I could not gain certain proofs of the persons who committed the Fact, I caused Warrants to be instantly issued for such as were suspected, and the Sheriff was dispatched to exe- cute them, being authorized to collect the power of the County to his aid, and instructed to desire the assistance of the King's troops at Fort Louden, if he should find it necessary. This Step, how- ever, proved ineffectual; the suspected persons had all absconded before he arrived in the part of the County where they lived, so that not one was apprehended. In the mean time the Witnesses were sent for & examined on Oath, and I herewith send you Copies of several of the Depositions, by which you will perceive what part Justice Smith, who is charged to have encouraged the Rioters, ap- pear to have acted upon that occasion. All the Witnesses who were examined, as well as a number of others who were then ab- sent, were, by my orders, bound over to give Evidence at the next Court, and Bills of Indictment were accordingly presented to the Grand Jury, but tho' all the Witnesses appeared and were exam- ined by the Jury, it seems they were of Opinion that there was not sufficient Testimony to convict a single Person charged, and the Bills were returned ignoramus.
" Thus I have the satisfaction to acquaint you, that in a regular Course of Justice, I have done everything on this occasion that could be done consistent wth Law. Indeed, if the Assembly had paid any regard to my recommendation some time ago, and framed a proper Militia Law, all the late Mischief and disturbance might have been prevented, such a Law being absolutely necessary to aid
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the civil powers, and indeed the only natural defence and Support of Government.
" With regard to the late disturbances mentioned by Col. Reid, and which you have recommended to my Notice, I shall take all possible means to come at the truth of them in a legal and regular way, most of them having been communicated to me as bare re- ports. I did, however, in consequence thereof, in my late Procla- mation, repeat my injunctions and strict Commands to the Magis- trates, Sheriffs, and other Officers, to use their utmost endeavours to suppress all Riots and disorderly proceedings among the people, and I am in hopes, now, that the Indian Trade is everywhere opened, and all persons in this Province who carry up Goods for that pur- pose, will have Licences from me, & all these disturbances will be at an end.
" I have this day wrote in a more particular manner to the Ma- gistrates of Cumberland, charging them with my express commands that they be constantly active and diligent in exerting their power and influence to quell all appearances of Insurrections and disor- ders in that County ; and that they do forthwith obtain a full and true State of the late Outrages, more particularly as to the insult on the King's Forts, and making Lieutenant Grant a prisoner, and to procure the names of the persons concerned therein, supported by affidavits & to transmit the same to me. I have also wrote to Justice Smith, informing him of the new Charges against him, and required him to appear before me at Philadelphia to answer them. Justice Maxwell is ordered down as a Witness to support them. I have likewise dispatched a Letter to Lieut Grant, desiring him to furnish me with Depositions relating to the affair of the ill usage he received, his being made a prisoner, and the names of the Offen- ders, if any of them are known to him, and also to send me any Affidavits that can be obtained in proof of the Charges against Jus- tice Smith or any of the other Magistrates, & you may be assured that every thing shall be done on the occasion that the Law will justify or the honour and dignity of the Government demand.
"The Advertisement you did me the honour to inclose me is a very extraordinary one. The insinuations in it, that the Conduct of those lawless people is countenanced & abetted by me, are Vil- lanously false & scandalous, and most injurious to my Reputation. I shall spare no pains in detecting the Authors of it, but I cannot help suspecting that it takes its rise from a party in this province, who have been indefatigable in their endeavours to malign and tra- duce me on all occasions.
" I am much obliged to you for your offers of assistance to me in the support of Government & to enforce an obedience to the Laws. You may be well assured that if I gain information & proof of the persons who have been concerned in these Outrages, particu- larly the insults offered to the King's Forts & the abuse of the Officers & Soldiers, I shall immediately order them to be appre-
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hended & made Examples of, & if in the Execution of this Busi- ness, the assistance of the regular Troops shall be found necessary, I shall take the liberty of applying to you to furnish me with a Detatchment on the occasion.
"I am with great regard " Sir, your most Obed' h'ble servant, "JOHN PENN.
"To his Excellency The Honble THOMAS GAGE."
MEMORANDUM.
The Governor received a Letter from Sir William Johnson, dated at Johnson Hall, 7th June, 1765, inclosing a Copy of his late Treaty of Peace with the Delaware Nation of Indians, which was ordered to be entered in the Council Books, and follows in these words, vizt. :
Treaty of Peace with the Delaware Nation, entered into by their deputies, before Sir William Johnson, Baronet, his Majesty's sule Agent and Superintendant of Indian Affairs in the Northern Department of North America, &ca., &ca., &ca.
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