USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 30
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not represent to you at the same time, that the wiser and more con- siderate among them highly disapprove of and detest the violent and illegal measures which have been pursued in many of the Colonies.
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"In the Province of Pennsylvania, where I have the honor to preside, matters have been conducted with more moderation & re- spect to his Majesty and Parliament than in most others, and the giddy Multitude have hitherto been restrained from committing any Acts of open Violence.
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" Upon the arrival of the first Cargo of Stamp'd Papers into this Province, in the Month of October last, John Hughes, of this City, who was reported and indeed generally known to be the person ap- pointed to distribute them, refused to take charge of them, tho' they were consigned to him, under pretence that he had not re- ceived his Commission or had any Authority to take them into his possession ; and there being no Fort or place of Security where I could lodge them on Shore, I thought it most advisable to order them on board his Majesty's Sloop of War the Sardoine, Capt™ James Hawker, Commander, stationed in the River Delaware, to whose care (on Hughes' afterwards resigning his Office of Stamp Distributer), I have also committed all the papers which have since been sent by the Commissioners for the use of this Province, till his Majesty's further Orders can be received, or another Person shall be appointed to the Office of distributor by the Commissioners, agreeable to the directions of the Act. The Americans have the most Sanguine hopes that the remonstrances drawn up by the Com- mittees of the several Assembleys at the Congress held for that Furpose at New York last Fall, and transmitted by them to the Par- liament, will produce a Repeal of the Stamp Act; but if they should be disappointed in their Expectations, it is impossible to say to what length their irritated and turbulent Spirits may carry them. Of this, however, Sir, you may rest assured, that I shall esteem it my indispensible duty on this and every other Occasion, to use every means in my power to preserve the Public peace, and support to the utmost the honour and Dignity of his Majesty's Government committed to my care.
" I have the honour to be, with great Truth & Regard, "Sir, Y". most Obedt 'hble Servant, "JOHN PENN."
The following Letter from Gen1. Gage, received this Morning, was read, and ordered to be entered on the minutes of Council :
A Letter to the Governor from his Excell'cy Major Gen'l Gage.
"NEW YORK, February 17th, 1766.
" Sir :
" I have been honoured with your Letter of the 10th Instant, and am greatly obliged to you for the pains you have taken to bring
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the Offenders concerned in the Riots at Fort Loudon to Justice, which will be the best means to prevent such Lawless proceedings for the future. And I shall take care that the Highland Regiment is informed of your Intentions in this respect, as I must confess to you I think it necessary to take some Precautions to prevent Miss- chief in case that Regiment should pass the Frontiers of Pennsyl- vania.
"It has been confidently reported here, and believed, that the People called Quakers have been very instrumental in preserving the Peace and Tranquility of the City of Philadelphia. I have had no Conversation with any People of that persuasion on the Subject, or do I know that Sir Henry Moor has. I understand such reports were propagated by Merchants of this Place who had been at Philadelphia, as well as by Letters from thence. However it has happened, I rejoice with you that you have lived in Ease & Quiet, whilst this place is eternally alarmed by a sett of Banditti, who will probably at length bring much misschief on themselves and their City.
"I have the honor to be, with great Respect, Sir, " Your most Obedient humble Servant,
" Hon ble. Lieutt Gov". PENN."
" THOS. GAGE.
3rd March, 1766.
MEMORANDUM.
Yesterday Morning the Speaker of the Assembly delivered to the Provincial Secretary a written Order to issue a Writ for the Election of a new Member of Assembly for Chester County, which follows in these words, viz":
"In Assembly, February 8th, 1766.
"Pennsylva. s's :
"By a Resolve of the Assembly of this Day, I am empowered and directed to order the Provincial Secretary that he do issue a Writ to the Sheriff of the County of Chester, for the Election of a Member to serve as a Representative in this Assembly for the said County of Chester, in the room of John Fairlamb, Esq", lately deceased.
"Therefore, by virtue of the said Resolve, and in pursuance of an Act of Assembly of this Province, in that Case made and pro- vided, I do require that a Writ be issued to the Sheriff of the said County, for the purpose aforesaid, according to the Direction of the said Law.
"JOS. FOX, Speaker. " To JOSEPH SHIPPEN, Esq", Provin1. Secretary."
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Tuesday, 4th March, 1766.
The Secretary Communicated to the Governor the above Order of the Speaker, and a Writ was accordingly issued this day to Philip Ford, Esquire, the Sheriff of Chester County.
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At a Council held at Philadelphia, the 6th day of March, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutentt. Governor, &cª.
Richard Peters,
Benjamin Chew,
Richard Penn,
Esq's. 5
Mr. Samuel Wharton waited on the Governor, in Council, and delivered him an Extract of a Letter from Robert Callender to Mess™s. Baynton, Wharton, and Morgan, which was read, & follows in these words, vizt :
" PENNSBOROUGH, March 2d, 1766.
" Gentlemen :
" Since my return home, I have been informed by sundry per- sons, that the rascally part of the Inhabitants of Conegocheage are determined, and now laying a plan, to do you some piece of injury, by either stopping or destroying some part of your last Cargo that yet remains with the Carriers in that Neighborhood, on account of Justice Smith's discharge from the Magistracy, for which they en- tirely blame your House, thinking that it is you alone have excited the Governor to do it. As you have already experienced so much of their Villainy, they are not to be trusted farther than seen, and therefore I have advised Irwin to go immediately up to that Neigh- borhood, and stop the proceedings of the Carriers till there is some methods fixed upon for the safe Conveyance of these Goods, now in · their Charge, least the Devil should tempt them to commit some Outrage of that kind, which I have great reason to believe they will.
Signed "ROBERT CALLENDER.
" To Mess's Baynton, Wharton, & Morgan."
" Mr. Wharton, at the same time, requested the Governor would be pleased to take such measures as he should judge best for Pre- venting the intended injury to their Goods, as mentioned in that Ex- tract, and observing that they were to be sent to the Illinois Coun- try, to supply the Indians there, agreeable to the promises lately made them by Mr. Croghan, the Deputy Agent for Indian Affairs, that a Trade should be soon opened with them; and that unless some precautions were taken by the Government for the Protection
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of those Goods, he was verry apprehensive they would be destroyed. The Council taking this matter into Consideration, advised the Gov- ernor to write a Letter to the Magistrates of. Cumberland County, giving them the strictest Injunctions to use their utmost Endea- vours to Suppress any disturbances or disorders that may happen, and to call upon the Sheriffs and Power of the County, to oppose the designs of any People who should attempt to stop or destroy the Goods above mentioned, and also, to write to Major General Gage, requesting his instructions to the King's Troops in this Province to aid and support the civil power whenever the Governor should think it necessary to call on them for that purpose. The following Let- ters were accordingly drawn up at the Table, and sent to Mr. Whar- ton, to be forwarded by Expresses :
A Letter to Gen'l Gage from the Governor.
" PHILADELPHIA, March 6th, 1766.
" Sr. :
Mr. Wharton has just furnished me with an Extract of a Letter he received last Night from Robert Callender, informing him that he suspects some of the Frontier Inhabitants are again engaging in a scheme to intercept and destroy a Quantity of Goods which Mr. Wharton & his House are sending up to Fort Pitt, under the pro- tection of my Licence, in their way to the Illinois Country, to trade with the Indians. I hope these suspicions have no real foundation, but must Confess that the former Conduct of those abandoned people, who seem void of all Sense of duty or Submission to Law or Government, has been such as to give room to believe them ca- pable of any Villainy. I shall, therefore, dispatch an Express to the justices of Cumberland County, with the most Positive Injunc- tions to exert the Civil Power in the Suppression of any Riots, or attempts of the People to injure or destroy the above Goods. But lest the force of the civil Government should not be suffic to an- swer the purpose, I must beg the favour of your Aid, and that you will be pleased to furnish me as soon as Possible, with your In- structions to the Commanding Officers of the King's Troops at Lan- caster, & the different Posts on the Communication to Fort Pitt, to obey such orders as I may, from time time, be under the necessity of giving them for preserving the Public peace, and supporting the Laws, as well as the Dignity of his Majesty's Government, commit- ted to my Care.
" I have the honor to be, with great Regard, Sir, "Your most Obedient humble Servant, " JOHN PENN.
" To His Excellency Gen1. GAGE."
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A Letter from the Governor to the Justices of Cumberland County.
" PHILADELPHIA, 6th March, 1766.
" Gentlemen :
" I have received Information that a number of the Inhabitants of Conecocheague are suspected to have formed a scheme to inter- cept and destroy a Quantity of Goods which Mess". Bayton, Whar- ton, & Co. are now sending up to Fort Pitt, in their way to the Illinois Country. The former Conduct of many lawless and unruly People on the Frontiers, in committing several outrages of the like kind, gives me too much reason to fear that the suspicions on the present occasion are well founded. I shall be very much surprized if any of the People should presume to counteract my authority so far as to attempt to stop the progress of any Goods that are carry- ing into the Indian Country with my full and express Licence. But lest any thing of this sort should be undertaken, I hereby judge it proper to give you my most positive Commands to exert the utmost Diligence and Activity in suppressing any Riots or at- tempts of the people to injure or destroy any of the above mentioned Goods, (or commiting any other Outrages), and if you shall hear that any of the people are assembling for such unlawful purposes, you are immediately to call to your Assistance the Sheriff and power of the County to prevent the Execution of their designs ; but in case the fullest Exertion of your Authority and Influence should not be sufficient, I require you forthwith to give me information thereof, that I may Order some of the King's Troops to the Aid of the Civil power, in compelling the people to submit to the Legal Au- thority of the Government, & pay due Obedience to the Laws. I should be very sorry to be reduced to the necessity of such expe- dients if it could be avoided. But the duty of my Station will oblige me to make use of all the means in my power in bringing to reason & Justice all such obstinate offenders who wickedly & wan- tonly oppose the Government, & trample on its Laws.
"I am, with great regard, Gentlemen, " Your most Obedient humble Servant, " JOHN PENN.
"To John Armstrong, Esq'", and others, his Majesty's Justices of the Peace, for the County of Cumberland."
The Governor acquainted the Council that a few days since he had received Information from Captain Lemuel Barrit, of Cumber- land Valley, that on the 11th day of January last, a Mohawk In- dian, on his return from the Country of the Cherokees, was mur- der'd & Scalp'd about 12 miles from Fort Cumberland, on the road leading from thence to Fort Bedford, and proposed to issue a Procla- mation offering a reward for the discovery, and apprehending the mur- derer that he might be brought to Condign Punishment; But Captain Barrit attending the Board, at the Governor's request, he was far-
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ther examined, and his deposition taken in writing, when there appeared from sundry Circumstances, great reason to suspect the ~ Murder had been commited by a certain Sam1. Jacobs, who had ab- sconded, and was supposed to have gone to the Frontiers of Vir- ginia and Maryland ; The Council, therefore, advised the Governor to delay issuing a Proclamation, till means were tried for apprehen- ding the person suspected ; and for that purpose to write to the Governors of Maryland and Virginia, enclosing them Copies of Capt" Barrit's Deposition, & desiring they would be pleas'd to order a strict Search to be made for the said Samuel Jacobs, through their respective provinces, & also to write to Sir William Johnson, acquainting him with the matter.
The following Letters were accordingly wrote to Gov's Sharpe, Fauquiere and Sir William Johnson :
A Circular Letter from the Gov'r. to Gov'r. Sharp and Fau- quiere.
" PHILADELPHIA, 11th March, 1766. " ST .:
" I lately received information that one of the six Nations In- dians, returning from the Cherokee Country, was Murdered on the 11th of January last, on the road between Fort Cumberland and Fort Bedford, within this Province. I intended to have issued a proclamation offering a reward for discovering & apprehending the Murderer, but finding by the examination of Captain Lemuel Bar- rit, who lives near the place where the Indian was found, that there is great reason to believe the Murder was committed by one Samuel Jacobs, who is said to have filed into the back parts of Virginia or Maryland, I think it most advisable to defer my proclamation till I have first tried every other means in my power to secure the Of- fender. I take the liberty of inclosing you Capt" Barrit's deposi- tion & description of Jacobs' person, at the same time requesting you will cause strict search to be made for him throughout your Province, as you must be sensible of the ill Consequences that will ensue if all necessary steps are not pursued in order to bring to Justice this lawless Villain, as well to convince the Indians of our good Intentions towards them as to deter others from the same Conduct, which, if we cannot fall upon some means of putting a stop to, we may reasonably expect to be again involved in the Mis- eries of an other Indian War.
" I shall make Sir William Johnson acquainted with this un- happy affair, and the measures taken to give our Friends, the Six Nations, all the satisfaction in our power, that he may represent the matter in a proper light to them, so as to prevent any ill VOL. IX .- 20.
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Consequences that might otherwise happen from their resent- ment.
" I have the honour to be, with great Regard,
" Sir, your most Obedient humble Servant, " JOHN PENN.
"To His Excelley HORATIO SHARPE, Esq., Governor of Maryland, and The Hon'ble. FRANCIS FAUQUIERE, Esq"., Governor of Vir- ginia:
A Letter from the Governor to Sir William Johnson.
"PHILADELPHIA, 11th of March, 1766.
" Sir :
" It was with a very great Concern that a few days ago I received certain Information by Capt". Samuel Barrit, that on the 11th of January last, a Mohawk Indian, in his return from the Cherokee Country, was Murdered on the Road between Fort Cumberland & Fort Bedford, in this Province.
- "This unhappy affair will no doubt give great Offence to the In- dians of the Six Nations, and may be attended with very bad con- sequences. But I shall think it my indispensable duty, from mo- tives of Justice as well as good Policy, to give them all the Satis- faction in my power for this Injury, and I beg you will be pleased to take the first Opportunity to acquaint them that I heartily con- dole with them on this occasion, and that all means shall be used for apprehending the Murderer and bringing him to Condign Pun- ishment. I intended to have issued a Proclamation, offering a Re- ward for that purpose; but as there appears by Capt". Barrit's deposition, a Copy of which you have enclosed, very great reason to think the Murder was commited by one Samuel Jacobs, who is sup- posed to have fled to the back parts of Maryland and Virginia, I shall suspend the Proclamation till better means have been tried to apprehend him, for which purpose I have written to the Governors of Maryland and Virginia, to request they would cause a strict search to be made for him throughout their respective Provinces.
"If we should be so fortunate as to secure this Lawless Villain, .I will immediately acquaint you therewith, that you may have it in your power to satisfy the Indians of our good disposition towards them, and our desire and readiness to do them the strictest Justice upon all Occasions.
" I am, with great Regard, Sir, " Your most Obedient humble Servant,
" JOHN PENN.
" Sir WILLIAM JOHNSON."
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March 13th, 1766.
MEMORANDUM.
This Morning the Governor received a Letter from his Excellency Major General Gage, dated the 10th Instant, inclosing his Orders to the Military Officers within this Government, to give assistance to the civil power, both which were ordered to be entered on the Council Books, & are as follow, viz":
A Letter to the Governor from his Excellency Major General Gage. "NEW YORK, March 10th, 1766.
" Sir :
" I have been favor'd with yours of the 6th Instant, and am sorry to find that the lawless Banditti on your Frontiers continue giving you fresh troubles. The Robberies and disturbance they have been guilty of with Impunity, emboldens them to every Act of Violence, whilst they flatter themselves that they are secure from Punishment. I enclose you an Order to all the Forces in your Gov- ernment to give Assistance to the Civil power, which you will make use of, as the Circumstances of affairs may require. The Officer commanding at Lancaster has already received the Order, so that & Letter from you to him will be sufficient.
"I am, with great Regard, Sir, "Your most Obedient humble Servant,
"THOS. GAGE.
" Honble. Lieutt. Gov". PENN."
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" HEAD QUARTERS, NEW YORK, 15th January, 1766. " ORDERS.
" His Majesty's Pleasure having been signified to the Commander- in-Chief, that in Case by the Exigency of affairs in any of the Pro- vinces in America, it should be necessary to procure the aid of Military in support of the Civil Power, and that for that purpose the Governor of the Province where that may happen, should apply to the Commanders of his Majesty's Land Forces in America, The said Commanding Officers should, upon such requisition made by the Governor of the Province to them, give the said Governor their Concurrence and Assistance for the purpose above mentioned, The Commander-in-Chief Orders the several Officers Commanding the Regiments, Posts and Detachments, under his Command, to pay & punctual Obedience thereto.
" RICHARD MAITLAND. "Depy Adjt- Genr
" To the Officers Commanding the several posts & Detachments on the Communication from Philadelphia to Fort Pitt."
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At a Council held at Philadelphia, on Saturday the 15th March, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Chew,
Richard Penn,
Lynford Lardner,
Esquires.
The Commission of the Peace for Northampton County being taken into Consideration, and an Alteration being thought necessary. to be made therein, The Governor, by the advice of the Council, was pleased to issue a new one, appointing the Members of Coun- cil and the following Gentlemen Justices of the General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said county of Northampton, Vizt:
George Taylor,
John Moore,
Thomas Craig,
James Allen,
Hugh Wilson,
John Jennings,
Aaron Dupui,
Dan1 Brodhead,
Lewis Klotz,
Robert Levers,
Thomas Armstrong, Lewis Gordon,
Christ". Waggoner,
Henry Kooken,
Jacob Orndt,
Joseph Gaston.
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Tuesday, 6th May, 1766.
Two Members of Assembly waited on the Governor and ac- quainted him that the House had met pursuant to Adjournment, and desired to know if his Honour had any business to lay before them, to which he answered that he had none at present to recom- mend to them.
Thursday, 8th May, 1766.
Two Members of Assembly acquainted the Governor that the House inclin'd to adjourn to the 2nd day of June next, to which his Honour made no Objection.
The Governor lately received by the packet, a Letter from the Right Honourable Henry Seymore Conway, Esq', dated 1st March, 1766, which being ordered to be entered on the Minutes of Coun- cil, is as follows, viz“:
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A Letter from the Rt. Honourable H. S. Conway, Esqr., to the Governor :
"ST. JAMES'S, 1st March, 1766.
" Sir :
"I am very sorry not to be able as yet to give you any Instruc- tion for the Rule of your Conduct in the perplexed situation of things in the Colonies; But the Parliament, to whose Wisdom his Majesty has been pleased to refer those Affairs, not having come to any ultimate decision thereon, I may not presume to give you any Positive Direction ; at the same time it is, I think, my Duty to in- form you that a Bill is brought in, and has made some progress in the House of Commons, for the repeal of the Stamp Act, and that other proceedings relative to the mutual Rights of Great Britain & her Colonies, are also in Consideration before Parliament. As soon as ever any thing is ultimately determined by the Legislature, You may depend upon the speediest Information from me, and will not fail to receive therewith his Majesty's farther Instructions. In the mean time the King relies on your Discretion to take the properest Measures that the Circumstances of the Times may require, for the good of the Colony committed to your Care.
"I am, with great Truth and Regard, Sir, " Your most Obedient, humble Servant,
"H. S. CONWAY.
" Deputy Governor of Pennsylvania."
At a Council held at Philadelphia on Tuesday, 3rd June, 1766. PRESENT:
The Hon'ble. JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew, Richard Penn, Esq".
Two Members of Assembly waited on the Governor last Night and acquainted him that the House were met pursuant to Adjourn- ment, & requested to know if his Honour had any business to lay before them; To which he answered, that he should send a written Message to the House in the Morning.
The Governor laid before the Board a Letter he lately received from the Right Honourable Henry Seymore Conway, Esqr., one of his Majesty's principal Secretaries of State, dated the 31st of March last, acquainting him that an Act of Parliament for repealing the Act for collecting Stamp Duties, &ca., in America, had been lately passed, and enclosing him a printed Copy thereof, together with a Copy of the Resolutions of the House of Commons, directed by his Majesty to be laid before the Assembly of this Province, and also Signifying the King's Approbation of the Governor's Conduct, as
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well as of the Behaviour of the people of Pennsylvania, during the late Commotions & Disturbances in several of the other Colonies.
The said Letter was read, and follows in these Words, viz':
A Letter from the Rt. Hon'ble H. S. Conway, Esqr., to the Gov'r. "ST. JAMES'S, 31st March, 1766.
" Sir :
" Herewith I have the pleasure of transmitting to You Copies of Two Acts of Parliament just Passed. The first for securing the just Dependency of the Colonies on the Mother Country ; The Second for the Repeal of the Act of the last Session, granting certain Stamp Duties in America ; And I expect shortly to send you a Third for the Indemnity of such Persons as have incurred the Penalties im- posed by the Act just repealed; as such Bill is now depending, & has made a considerable Progress in the House of Commons.
" The Moderation, The Forbearance, the unexampled Lenity and Tenderness of Parliament towards the Colonies, which are so sig- nally displayed in those Acts, cannot but dispose the Province com- mitted to your Care, to that return of chearful Obedience to the Laws and Legislative Authority of Great Britain, and those Senti- ments of respectful Gratitude to the Mother Country, which are the natural, and I trust, will be the certain effects of so much Grace and Condescension, so remarkably manifested on the part of his Majesty, and of the Parliament; And the future Happiness and Prosperity of the Colonies will very much depend on the Testimonies they shall now give of their Dispositions.
" For, as a dutiful and affectionate return to such peculiar proofs of Indulgence and Affection may now, at this Crisis, be a means of fixing the mutual Interests & Inclinations of Great Britain and her Colonies, on the most firm and solid Foundations ; so it cannot but appear visible that the least Coldness or Unthankfulness, the least Murmuring or Dissatisfaction, on any Ground whatever, of former heat, or too much prevailing Prejudice, may fatally endanger that Union, and give the most Severe and affecting Blow to the future Interests of both Countries.
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