USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 28
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
"Article 1st.
" That in Consideration of the Delawares' sincere promises of future good behaviour, of their having delivered up to Col. Boquet a large number of English, who were their prisoners, and of their Chearfully, according to the subsequent Articles, & faithfully ob- serving them forever hereafter, His Majesty is graciously pleased to pardon what hath passed, and they shall be once more received into the Covenant Chain of Friendship with the English.
"Article 2d.
"That the Delawares of Susquehanna, who fled from their Habi- tations on the approach of the Parties of Indians & Rangers sent against them last year by Sir William Johnson, be comprized in this Treaty, and abide by every Article contained therein which can in any wise relate to them, in consequence of the Treaty entered into before him at Niagara last Summer with the Senecas, provided they bring in all the English Prisoners, Deserters, Frenchmen, & Negroes within Forty days, agreeable to the Engagements they have lately entered into, for the performance of which they have left two Chiefs Hostages, that then the Delawares that were taken prisoners last Winter and remain at New York shall be discharged, but the rest, who were distributed among the several Nations, must remain where they now are.
278
MINUTES OF THE
"Article 3d.
" That the Delawares do immediately open the road of Peace throughout every part of their Country, giving free permission to all his Majesty's Troops, or other his Subjects, to pass through the same; that they likewise open the rivers, allowing a free and open Navigation for Boats, Canoes, or any other Craft, to all his Ma- jesty's Subjects for ever hereafter; That they engage never more to Molest them, either by Land or by Water, or cause the same to be. done by any other Nation or Tribe of Indians, but that they shall use all their Endeavours to prevent any such designs, & give the earliest Intelligence of them to the English, to whom they shall afford assistance if required.
"Article 4th.
"That the Delawares do, to the utmost of their power, imme- diately open the road to the Illinois, and use every possible en- deavour for obtaining the possession thereof, and securing the same to the English; That in case Mr. Croghan, Deputy Agent for Indian Affairs, be not yet set out for the Illinois from Fort Pitt, they shall send proper persons to accompany & assist him, and those who go with him, to take possession of the Forts and Garri- sons in that Country, ceded by the French to the Crown of Eng- land.
"Article 5th.
"That they do forthwith use all possible means for bringing the Shawanese to a proper sense of their late conduct, to deliver up all the prisoners remaining in their hands without farther delay, & send Deputys to Sir William Johnson to treat about peace.
"Article 6th.
" That they deliver forthwith to the Commanding Officer at Fort Pitt, those seven English yet among them, as also all Deserters, Frenchmen & Negroes, and engage never to screen, protect, or En- courage any such persons for the future, but should any such per- sons take refuge amongst them, they are to bring them without delay to the Officer Commanding at the next Garrison, or to the Commissary, when such is appointed, who will be empowered to reward them for their trouble.
"Article 7th.
" That they do promise & engage never to take revenge for any Act committed by Individuals of the British Nation, but to make due Complaint thereof to the next Commanding Officer or the Com- missary, when appointed, who will apply to the Government to whom the delinquent belongs, that lie may be brought to Tryal, when they may expect to have strict Justice done them. And should any of the Delawares at any time hereafter, rob, murder, or otherwise misuse any of his Majesty's Subjects, as the Indians have
279
PROVINCIAL COUNCIL.
no establish'd Laws for punishing the Guilty, they are without Ex- cuse or delay, to bring such offenders to the nearest Garrison, from whence he will be sent to the next Province in order to take his Tryal, at which the Chiefs of the Delawares may be present, that they may see the Charges are fully proved against him, & be sen- sible of the Equity of the Brittish Laws.
"Article 8th.
"That should any dispute or difference arise relative to Lands or otherwise, they are by no means to insult the Officers Commanding posts, or any other his Majesty's Subjects, who cannot be answera- ble for these matters, but they are to lay their Complaint before the Deputy Agent for that district, who will transmit the same to Sir William Johnson, that they may obtain Justice.
"Article 9th.
".That many of the Traders who were plundered & severely treated by the Delawares in 1763, having represented the great dis- tresses to which they are thereby reduced, and prayed relief. The Delawares are therefore to fall immediately on a method for making them some Restitution by a grant of Lands, provided his Majesty shall approve thereof & the Six Nations first give their approbation thereto.
"Article 10.
" That whenever his Majesty shall be pleased to direct that Limits should be settled between his Subjects & the Indians, with their consent, The Delawares engage to abide by whatever Limits shall be agreed upon between the English and the Six Nations, & shall never disturb his Majesty's Subjects upon that account.
"Article 11th.
" That a Trade shall be opened as soon as it conveniently may be with the Delawares, which Trade will be at the Principal Posts, and continue during the good Behaviour of that Nation; that they do therefore in an especial manner protect the persons & propertys of the Traders who may be going to or returning from the posts, pro- mising never to take away their Horses, or otherwise impede their Journeys or molest them on any account ; but in case of Fraud they are to lay their Complaint before the Commanding Officer at the trading Post, until the appointment of Commissarys, who will then have the Inspection thereof.
" Article 12th.
" That the Delawares shall communicate the particulars of the peace they have made to all Nations with whom they have any in- tercourse; that they shall enforce the observance thereof in an especial manner over their people; and lastly, that they shall enter
280
MINUTES OF THE
into no Engagements with any Nation whatsoever, without the knowl- edge of the Superintendant of Indian Affairs, or those duly autho- rized by the King of Great Britain.
" DANIEL CLAUSE, Esqr., " GUY JOHNSON, Esq"., " Dpt". agts for Ind" Affairs. " JOHN BUTLER, Justice. " DAVID OWENS, " Delaware Intepreter."
" The foregoing articles being fully explained and assented to, I have, in Testimony whereof, set my hand and Seal at Arms, at Johnson Hall, the 8th day of May, one thousand seven hundred and sixty-five.
"W. J. [L. S.]"
" We, the Deputys from the Delaware Nation, having had the fore- going articles duly explained to us, do agree to the same in every particular on behalf of all our Nation. In Testimony where- of, we have hereunto signed the marks of our Tribes, and affixed our Seals, the day and Year above mentioned.
" The mark of " KILLBUCK, X "Alias " BEMINCO." "DAVID, X or "DOCHSHEWEHMINT."
"We, the Chief Sachem and Chief Warrior of the Delawares, and Munsies of Susquehanna, having heard the foregoing Articles duly explained to us, do agree to the same on behalf of all our people, as far as they relate to them. In Testimony whereof, we have hereunto signed the Marks of our Tribes, and affixed our Seals, the day and Year above mentioned.
" LONG COAT,
1
1
"Alias " ANINDAMOOKY, " SQUAS CUTTER, " In Delaware. "YAGHKAPOOSA, 0 " In 6 Nations. " ONOSSARAQUETA."
NOTE .- The above signatures are accompanied with peculiar marks, or signs, indicative of some fancied trait of character, viz :- a turtle, a crab, a . boat, &c., &c.
(
t t
1
t
C
n
a
th
281
PROVINCIAL COUNCIL.
A Letter from General Gage to the Governor.
"NEW YORK, July 5th, 1765.
" Sir :
"I have been honoured with your Letter of the 28th Ultº., to- gether with the several Depositions concerning the destruction of the Goods on Sidling Hill in March last. The difficulty you lay under to bring the persons concerned in the attack upon the Convoy to punishment are very obvious, for its probable that many of the Jury who tried the people who were prosecuted for the Riot, were them- selves concerned in it, and the acquital of those people, no doubt, rendered them more bold & audacious afterwards. They have acted ever since without any reserve, and with as much Confidence as if their actions had been legal and warrantable, keeping regular Scouts & Guards upon the Roads. I herewith transmit you Copy's of passes given by Justice Smith & Lieutt Smith.
With respect to the advertisement which you resent with so much Justice, it appears to have been the contrivance of some Leader of the Rioters in order to encourage them, and to endeavour to sanc- tify their proceedings by every means however false audacious : and I most sincerely wish you may be able to discover the author of so daring an Insult. I have the honour to be, with great regard,
Sir, Your most Obedient hble. Servant, THOS GAGE.
HONble Gov' PENN.
At a Council held at Philada on Wednesday the 31st July, 1765. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca.
Benjamin Chew, Lynford Lardner, Esq rs.
Richard Penn,
The Board represented to the Governor that the Inhabitants of the Town of Lebanon in Lancaster County were put to great In- conveniencies for want of a Magistrate among them, there being none within Twenty Miles of that Town; and Mr. John Philip Dehaas being recommended as a proper person, the Governor issued a Special Commission appointing him a Justice of the Peace and of the County Court of Common Pleas for the County of Lancaster.
282
MINUTES OF THE
At a Council held at Philadelphia on Tuesday the 10th Sep- tember, 1765.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew,
Richard Penn, Esq".
Two Members of Assembly waited on the Governor this Morn- ing and acquainted him that the House met Yesterday 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 at present to recommend to the House, but if any thing should occur during their sitting, he should communicate the same by a Message.
The Governor laid before the Board the records of Conviction of three persons for murder, which being severally read, it appears by one of the sd Records, that at a Court of Oyer and Terminer and General Gaol delivery held at Lancaster, for the County of Lancas- ter, the 6th day of August last, before Alexander Stedman, Edward Shippen, & Isaac Sanders, Esquires, Justices of the said Court, assigned by special Commission, Michael Grissbach was tried and convicted of Felony & murder, committed on Mary Whitmer the 3d Septem"., 1764, and had received sentence of Death for the same,
By one other of the said records it appears, that at a Court of Oyer and Terminer & General Gaol Delivery, held at York, for the County of York, on the 19 day of Augt last, before Alexander Stedman, Jnº Blackbourn, & Samuel Johnston, Esqrs., Justices of the said Court, assigned by special Commission, Elizabeth Erwin was tried and convicted of Felony & murder, committed on her own Bastard Female Child, the 1st day of March last, & had received Sentence of death for the same.
And by the other of the said records it appears, that at a Court of Oyer and Terminer and General Gaol delivery, held at Carlisle, for the County of Cumberland, on the 16 day of August last, before Alexander Stedman, John Armstrong, and James Galbreath, Esq™s., Justices of the said Court, assigned by special Commission, Jobn Money was tried and convicted of Felony and murder, committed on Archibald Gray, the 8 of March last, & had received sentence of death for the same.
The several Cases of the said Mich1 Grissbach, Elizabeth Er- win, and John Money, being considered, and neither of the Justices of the Courts of Oyer and Terminer afsd., having reported to the Governor any Circumstances in favour of either of them, The Gov- ernor accordingly signed three separate Warrants ; one for the Exe- cution of Mich" Grissbach, at Lancaster, on the 24th day of Sep- tember inst., another for the Execution of Jane Erwin, at York, on the 26 of the same month ; and the other for John Money's Execu- tion at Carlisle, on the 28th of the same month.
1 P
tu vi
th pe
283
PROVINCIAL COUNCIL.
September the 14th, 1765.
The Governor taking into Consideration that the Accounts of the Garrison of Fort Augusta, which were settled by his Order, and certified by Colo Francis, in June last, still remained unpaid, sent a written Message to the Assembly by the Secretary, in the follow- ing words, vizt .:
A Message from the Governor to the Assembly.
" Gentlemen :
" Immediately on my receiving certain Intelligence that the In- dians had ratified their Engagements made last Fall with Brigadier General Bouquet, I gave orders that Fort Augusta should be evac- uated, & Commissioned Col. Francis to settle the accounts of that Garrison, and certify how much was due to each man, which has accordingly been done. I now lay before you those accounts & cer- tificates, amounting in the whole, to the Sum of £437 9 6; and as the Public Funds appropriated for the subsistance and pay of the King's Troops have been long since exhausted, I recommend it to you to consider and provide ways and means for the speedy dis- charge of the Arrears which appear to be due on the above account.
"JOHN PENN.
" September 14th, 1765."
At a Council held at Philadelphia, on Tuesday the 18th Septem'", 1765.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew, Richard Penn, Esqrs.
The Governor laid before the Board the four following Bills, which the Assembly had sent up for his Concurrence, & are enti- tuled as follow, viz“:
" An Act for the more easy recovery of Legacies."
" An Act to enable the Inhabitants of the Borough of Lancaster, in the County of Lancaster, to raise money on themselves for sup- porting a Nightly Watch in the said Borough, & for other purposes therein mentioned."
"An Act to explain and amend a Supplement to the Act enti- tuled ' An Act for the relief of Insolvent debtors within the Pro- vince of Pennsylva.' "
"An Act to enable the Commissioners herein after named to settle the accounts of the managers, & to sue for and recover from several persons such sums of money as are now due and unpaid on account
284
MINUTES OF THE
of a Lottery set up and drawn, for erecting a Bridge over Skippack Creek, in the County of Philadelphia, & to receive the Voluntary Donations and Subscriptions of the Inhabitants towards the better perfecting the said Bridge."
Which Bills were severally read and considered, and a few Amend- ments being made to the two first, the Governor directed the Secretary to return them to the House, with the same & the two last mentioned, with a Verbal Message that he agreed to them.
-
Friday, 20th September, 1765.
Two Members of Assembly waited on the Governor with the fol- lowing Message in answer to his Honour's Message of the 14th Instant, and acquainted him that the House had agreed to the Amendments made to the two Bills ; that those, as well as the others, being engrossed, desired he would be pleased to appoint a time for passing them, and send some Members of Council to join in com- paring the engrossed Bills with their Originals.
The Governor acquainted them that he would be in the Council Chamber at half an hour after five this afternoon, in order to pass' the Bills, and would, in the mean time, appoint one of his Council and the Secretary to collate them.
A Message to the Governor from the Assembly.
" May it please your Honour :
" The House having taken into Consideration your Message of the 14th Instant, acquainting them that you had ordered Fort Augusta to be evacuated, & that there now remains due to the several Offi- cers and Soldiers, lately in Garrison there, the sum of & 437 9 6, and recommended to this House to provide ways and means for the speedy discharge thereof ; but as the present meeting of the General Assembly is principally intended for the settlement of the public Accounts & the Session so far advanced, that sufficient time cannot be afforded to take this, with other demands, into due Consideration, & provide a suitable Fund for the discharge thereof, the House have therefore determined to recommend the same to the succeeding Assembly.
" Signed by order of the House, "JOS. FFOX, Speaker.
" Septem". 20th, 1765."
-
Council Chamber, 52 o'Clock, P. M.
The several engrossed Bills being compared with their Originals & found to agree, the Governor sent the Secretary to the House
Ja
Sa
P D
M
285
PROVINCIAL COUNCIL.
with a Message requiring their attendance. The whole House at- tending accordingly, the Speaker presented to the Governor the four Bills which had been agreed to, entituled
"An Act for the more easy recovery of Legacies."
"An Act to enable the Inhabitants of the Borough of Lancaster, in the County of Lancaster, to raise Money on themselves for sup- porting a Nightly Watch in the said Borough, & for other purposes therein mentioned."
" An Act to explain and amend a supplement to the act entituled ' An Act for the relief of Insolvent Debtors within the Province of Pennsylvania.'"
"An Act to enable the Commissioners hereinafter named to set- tle the Accounts of the Managers, and to sue for and recover from several Persons such sums of Money as are now due and unpaid on account of a Lottery set up & drawn for erecting a Bridge over Skippack Creek, in the County of Philadelphia, & to receive the Voluntary Donations & Subscriptions of the Inhabitants towards the better perfecting the said Bridge."
Which the Governor was pleased to enact into Laws, and signed a Warrant for affixing the Great Seal thereto; & they were ordered to be deposited in the Rolls Office.
The Speaker then presented the Governor a Certificate for Five hundred Pounds, for which he returned thanks to the House.
At a Council held at Philada-, on Friday ye 4th Oct"-, 1765.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &ca.
Benjamin Chew, Richard Penn, Esqrs
The Governor laid before the Board the Returns of Sheriffs & Coroners for the Counties of Chester, Bucks, Berks, Northampton, Lancaster, York, & New Castle, which being read and considered, the following Persons were appointed, and Commissions were issued accordingly, viz“ :
Philip Ford,
Sheriff,
Chester
County.
Abel Janney,
Coroner,
William Buckman,
Sheriff,
Bucks
William Doyle,
Coroner,
Jasper Scull,
Sheriff,
Berks do.
Samuel Weiser,
Coroner,
Peter Kechlein,
Sheriff,
Northampton do.
David Berringer,
Coroner,
John Barr,
Sheriff,
Lancaster do.
Mathias Slough,
Coroner,
286
MINUTES OF THE
David MeConaghy,
Sheriff,
York County.
James Walker, Thomas Duff, James Walker,
Coroner, S
Sheriff,:
New Castle
Coroner, S
-
5th October, 1765.
The returns of Sheriffs for the Counties of Cumberland, Kent, and Sussex, being this day made to the Governor, the following Persons were appointed and Commissionated, vizt .:
John Holmes,
Sheriff,
Cumberland County.
Rhoads Shankland,
Sheriff,
Sussex do.
Nathan Young, Thomas Collins,
Coroner,
Sheriff,
Kent
John Gray,
Coroner,
-
7th October, 1765.
The Return of Sheriffs and Coroners being now made for the City and County of Philadelphia, the Governor appointed and com- missionated William Parr, Sheriff, and Caleb Cash, Coroner, for the said City and County.
-
Friday, 11th October.
The Governor ordered the Council to be summoned to meet this forenoon, but none of the Members attending, his Honour was pleased to take into Consideration the case of Henry Halbert, who was lately convicted of Felony & Murder. It appears by a tran- script of the Record of his Conviction, that at a Court of Oyer and Terminer, held at Philadelphia, for the County of Philadelphia, on the 25th & 26th days of Septem" last, before William Allen, Wil- liam Coleman, & Alexander Stedman, Esqr., Justices of the Su- preme Court, &ca., the said Henry Halbert was tried & convicted of Felony & Murder, committed on Jacob Woolman, the 30th day of August last, & had received Sentence of death for the same. But neither the Justices of the Court nor the Attorney General having represented any thing in favour of the said Henry Halbert, the ' Governor was of Opinion that the Sentence of the Court ought to be exccuted, and accordingly signed a Warrant for his Execution on Saturday the 19th of October, inst".
to H
1
James Jack,
Coroner, S
287
PROVINCIAL COUNCIL.
In the Council Chamber, Philada., Tuesday, 15th Oct., 1765.
PRESENT :
The Honourable JOHN PENN, Esq"., Lieutenant Governor, &ca.
Richard Penn, 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 had met, & having pro- ceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that he might be presented for his Honour's approbation. The Governor having appointed this day at 12 o'Clock for that purpose, acquainted the House, by the Sec- retary, that he attended his appointment in the Council Chamber, & was ready to receive the House, with their Speaker. The whole House accordingly came up, and presented Joseph Fox, Esq"., as their Speaker, who, after receiving the Governor's Approbation, claimed the usual privileges in the name and behalf of the House, viz“:
" 1st. That the better to discharge the Business of the Publick, they may, at all seasonable times, have free access to the Governor. "2dly. That their persons may be protected from all arrests and Insults during the time of Privilege accustomed.
"3dly. That it may 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.
"4thly. 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 and privi- leges of the Freemen of Pennsylvania, derived and confirmed to them by the Charter & Laws of the Province, the Governor was pleased to make answer that he looked upon them to be essen- tial in a Representative Body, & the House might depend on his care in protecting them therein.
Friday, 18th October, 1765.
At 10 o'Clock this Morning the Clerk of the Assembly sent to the Provincial Secretary a Resolve, made Yesterday by the House, which follows in these Words, viz' :
"In Assembly.
"Pennsylvania, ss :
" By a Resolve of this Assembly on the 17th of this instant, I am impowered and directed to order the Provincial Secretary that
288
MINUTES OF THE
he do issue a Writ to the Sheriff of the County of Philadelphia for the Election of a Member, to serve as a representative in this Assembly for the City of Philadelphia, two of the Candidates at the last election of Burgesses, viz": James Pemberton, and George Bryan, Gentlemen, being returned to this House by the Judges of said Election exactly equal in the number of Votes for them respectively given by the Freeholders and Inhabitants of the said City.
" Therefore, by virtue of the said Resolve, I do require that a Writ be issued to the Sheriff of the said County for the purpose aforesaid, Dated at Philadelphia, the 17th day of October, Anno Domini, 1765.
" JOS. FFOX, Speaker.
Saturday, 19th October, 1765, A. M.
The Secretary having communicated to the Governor the above Resolve of the House, the following Writ to the Sheriff was issued this morning by his Honour's directions, viz* :
" By the Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, & Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware.
" [L. S.] To William Par, Sheriff of the City and County of Philadelphia, Esquire, Greeting :
" WHEREAS, James Pemberton and George Bryan, two of the Candidates at the last Election of Burgesses for the City of Phila- delphia, were returned to me, as well as to the Assembly of the said Province, by the Judges of the said Election, exactly equal in the number of Votes for them respectively given by the Freeholders and Inhabitants of the said City ; And the speaker of the said As- sembly, by virtue of a Resolve of the House, on the 17th of this instant, hath therefore directed his Order to the Provincial Secre- tary, requiring that a Writ be issued to the Sheriff of the said County of Philadelphia for the Election of a Member to serve as a Representative in Assembly for the said City. You are therefore hereby strictly charged and commanded, within five days after the receipt of this Writ, to proceed to the Election of a Freeholder of your City and County, of most Note for Virtue, Wisdom, & Ability, to serve as a representative in Assembly for the said City of Philadelphia for the ensuing Year, giving at least two days' pub- lic notice, in Writing, of the time and place of holding such Elec- tion, according to the direction of the Laws of this Province, in
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.