USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 34
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should be found requisite, the Commander-in-Chief will afford us any aid we may stand in need of.
"I beg you will be pleased to favour me with your answer on this Subject as speedily as possible ; and if you incline to join with me in using the best endeavours to enforce a due Obedience to his Majesty's proclamation of 1763, by compelling the Intruders on the Indian Lands immediately to quit their settlements, I should be glad to know your Sentiments as to the Measures that will be most effectual for this purpose.
" I did myself the honour to write to you the 11th March, con- cerning the Murder of a Friendly Indian near Fort Cumberland, in January last, suspected, with great reason, from the Deposition of Capt". Lemuel Barrit, to have been perpetrated by one Sam- uel Jacobs, who afterwards, as was believed, fled into the back parts of Virginia, and having requested you would cause strict search to be made for him throughout your Colony, I beg you will now be kind enough to acquaint me what has been done in con- sequence of your Orders therein; and whether any intelligence has been obtained about that Villain, as I am very anxious that Offenders of this kind should be discovered & brought to Punish- ment, as well to convince the Indians of our disposition to do them every act of Justice in our power, as to prevent the terrible Calami- ties of another Indian War.
"I am, Sir, With great Regard, "Your most Obedient humble Servant, " JOHN PENN.
"The Honble. FRANCIS FAUQUIERE, Esq"."
The Letter from the Lords Commissioners for Trade & Planta- tions, was referred to a future Consideration.
The Governor then acquainted the Board that he had also re- ceived by the packet from the Honble. Thomas Penn and Richard Penn, Esqrs., a new Commission under their hands and Seals, dated the 11th of August last, continuing him Lieutenant Governor of this Province and the Lower Counties, from the first of December next (when his present Commission expires) until the 1st of Decem- ber, 1769, as also Copies of two of his Majesty's Orders in Council, dated the 8th of August last, the one declaring his Majesty's approba- tion of John Penn, Esquire, to be Lieutenant Governor of the said Province and Counties, and the other containing his Royal Orders to the Governor of New York, or any other of His Majesty's Gov- ernors in the Neighbouring Provinces, for administering to him the several Oaths required by Law to qualify him for that Trust, and for taking the usual Security for his observing the acts of Trade and Navigation ; the said Commission & Orders of Council being laid before the Board, were read, and the Orders directed to be en- tered on these Minutes are as follow, vizt:
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"At the Court at St. James's, the 8th of August, 1766. " PRESENT :
" The KING'S MOST EXCELLENT MAJESTY.
" Lord President,
" Lord Privy Seal,
" Duke of Grafton,
"Earl of Hertford,
Earl of Hillsborough,
Earl of Shelburne, Viscount Falmouth, Mr. Secretary Conway.
" WHEREAS, His Majesty was pleased, by His Order in Council of the 15th of June, 1763, upon the Representation of Thomas Penn & Richard Penn, Esquires, Proprietaries of the Province of Pennsylvania, & Counties of New Castle, Kent, & Sussex, on Dela- ware, in America, to approve of John Penn, Esquire, the Nephew of the said Thomas Penn, & eldest Son of the Said Richard Penn, to be Deputy Governor of the said Province & Counties under the provisoes & Conditions therein mentioned ; And Whereas, the said Thomas Penn & Richard Penn have this day represented to His Ma- jesty at this Board, that they have nominated the said John Penn to be Deputy or Lieutenant Governor of the said Province & Counties, from the first of December next, when his present Commission expires, until the first of December, 1769, & therefore prayed His Majesty's Gra- cious allowance & approbation of the said John Penn, to be Deputy or Lieutenant Governor of the said Province & Counties. His Majesty, taking the same into Consideration, is hereby pleased to approve of the Said John Penn to be Deputy Governor of Pennsylvania, for & during the aforementioned Term of three years, to commence from the first day of December next, & of the Said three Counties of New Castle, Kent, & Sussex, during His Majesty's Royal Will and pleasure only ; Provided, the said Thomas Penn & Richard Penn do make a Declaration in such manner as hath been formerly made relating to His Majesty's Right to the said three Counties; & that the Said John Penn do give the usual Security for his observ- ing the acts of Trade and Navigation, as in the like Cases, & qualify himself for that Trust, as by Law required ;. And in regard the Said John Penn is at present in Pennsylvania, in the Execution of his Office of Governor of the said Province, His Majesty is, therefore, hereby pleased to Order that the said John Penn do give the Secu- rity above proposed, & Likewise Qualify himself for that Trust, be- fore the Governor or Commander-in-Chief of His Majesty's Pro- vince of New York, for the Time being, or any other of His Ma- jesty's Governors in the neighboring Provinces ; And His Majesty doth hereby further Order, that the Lords Commissioners for Trade & Plantations, do prepare & lay before His Majesty, at this Board, a Draught of such Instructions as have been usually given by His Majesty to the said Proprietaries on the like Occasions.
" W. BLAIR."
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" At the Court at St. James's, the 8th of August, 1766.
PRESENT :
""THE KING'S MOST EXCELLENT MAJESTY.
" Lord President, Duke of Grafton,
" Lord Privy Seal,
Earl of Hertford,
"Earl of Hillsborough,
Viscount Falmouth,
" Earl of Shelburne, Mr. Secretary Conway.
" WHEREAS, His Majesty hath been this Day pleased to approve of John Penn, Esquire, to be Deputy Governor of the Province of Pennsylvania for & during the Term of three Years, to commence from the first day of December next, & of the three Counties of New Castle, Kent, & Sussex, on Delaware, in America, during his Majesty's Pleasure only; And Whereas, the said John Penn is at this Time in the said Province of Pennsylvania, His Majesty is, therefore, hereby pleased to Order that the Governor or Comman- der-in-Chief of His Majesty's Province of New York for the time being, or any other of His Majesty's Governors in the neighbouring Provinces, do administer the Oaths required by Law to be taken by the Said John Penn upon this Occasion, & the usual Oath of Office, & likewise, do take in His Majesty's Name, Sufficient Se- curity, in the Penalty of two thousand Pounds Sterling, for his, the Said John Penn's observing the several Acts of Trade & Naviga- tion, & obeying Such Instructions as shall be from time to time sent to him from His Majesty, or any acting under His Majesty's Authority, & transmit the Same to the Lord's Commissioners for Trade & Plantations, to be laid before His Majesty at this Board. "W. BLAIR."
The Governor thereupon, further informed the Board that, as he understood Governor Sharpe was to be at Christiana Bridge on the 18 Instant, he proposed to meet him there, or at Some convenient place in the Province of Maryland, in order to be Qualified before him to his Commission, & to give the Security required for the Ob- servance of the Acts of Trade; which measure being approved of by the Council, His Honour acquainted them he intended to set out accordingly for Maryland some time next Week.
At a Council held at Philadelphia, on Monday the 1st of Decem"., 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters,
Benjamin Chew, -
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Esquires.
Richard Penn,
The Governor acquainted the Board, that pursuant to his Majesty's Order in Council, of the 8th of August last, and their advice, he
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had waited on His Excellency Horatio Sharpe, Esquire, Lieutenant Governor of Maryland, had given the usual Security, and taken and subscribed before him, at Chester Town, in that Province, the several Oaths required by law to qualify him for the Execution of his Office as Lieutenant Governor of Pennsylvania and the lower Counties ; and that Mr. Sharpe promised to send him a Certificate thereof as soon as the Seal of Maryland should be affixed to the same, at Anapolis.
His Honour further acquainted the Board, that on his Return through New-Castle, he had caused his new Commission as Lieu- tenant Governor to be published there on Wednesday, the 26th of last mº.
It being agreed that the same Commission should also be pub- lished here this Afternoon, in the usual manner, The Governor, at- tended by his Council, Mayor, Recorder, and Commonalty of this City, (who had notice given them to attend on this Occasion,) and, pre- ceded by the Sheriff and his Officers, went in Procession to the Court House, where the Commission was Read in the presence of a Concourse of People.
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Friday, 14th of December, 1766.
. The Governor having this Day received from Governor Sharpe the Certificate of his Qualification to his new Commission, directed the same to be entered on the Minutes of Council, and it follows in these Words, vizt :
"Horatio Sharpe, Esquire, Lieutenant Governor and Commander- in-chief in and over the Province of Maryland.
" To all to whom these Presents shall come.
" I do hereby certify and make known, that on the Day of the Date of these Presents, John Penn, Esquire, Lieutenant Governor of the Province of Pennsylvania, and Counties of New-Castle, Kent, and Sussex, on Delaware, Personally came before me, and pursuant to His Majesty's Order in Council of the 8th of August last, took and subscribed the Oaths required by Law to be taken, and the Abjuration Oath mentioned in the Act of Parliament, made in the Sixth Year of his Majesty's Reign, and also took an Oath for the faithful Execution of his Office, and for the due observance of all the Acts of Trade and Navigation heretofore passed, and now in force, relating to His Majesty's Colonies and Plantations, according to the True Intent and meaning thereof, so far as appertains unto him, the said John Penn, Esquire, as Lieutenant Governor and Commander-in-Chief of the said Province and Counties.
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"And I do further Certify that the said John Penn, Esquire, hath given Bond to His Majesty, with good and sufficient Security, in the Penalty of Two Thousand Pounds Sterling, for his observing the said Several Acts of Trade and Navigation, and obeying such Instructions relating thereto, as shall be from Time to Time sent from His Majesty, or any acting under His Majesty's Authority, which Bond remains in my Hands, to be Transmitted to the Right Honourable the Lords Commissioners for Trade and Plantations, conformable to His Majesty's Royal Commands, signified in His Order in Council abovementioned.
"In Testimony whereof, I have hereunto set my Locus Sigilli Maryland Appens. hand, and caused the Seal of the Province of Mary- land to be affixed, at Anapolis, the Twenty-fourth day of November, in the Year of Our Lord One Thousand Seven Hundred and Sixty-Six, and in the Seventh Year of the Reign of Our Sovereign Lord, George the third, King of Great Britain, &cª.
" HORATIO SHARPE."
January 5th, 1767.
MEMORANDUM:
The Governor lately received a Letter from The Honourable Francis Fauquiere, Esquire, Lieutenant Governor of Virginia, dated the 11th Decem" last, and having directed that the same should be enter'd in the minutes of Council, it follows in these Words, viz":
A Letter to the Governor from the Governor of Virginia.
" WILLIAMSBURGH, Decem". 11th, 1766.
" Sir :
"Immediately on the Receipt of your favour of the 15th No- vemr., I laid it before His Majesty's Council for their opinion, what could be done under the present Circumstances. Their ad- vice was, that I should inform you of the Steps this Government had already taken, in order to drive off the illegal Setlers you so justly complain of from their Habitations.
"In consequence of the King's Instructions of 24th Octo"., 1765, and in obedience thereto, I also issued a Proclamation to recall them, in which I told them they would not be protected, but ex- posed to the Revenge of the Indians, as will appear by the Procla- mation, a Copy of which I have inclosed to you, and which is the third I have issued on this affair, but, I find with you, no Regard is paid to Proclamations, and I can expect no great good from them. But the Commander-in-Chief has taken a more effectual method to remove them, by giving Orders to an Officer and Party to summon
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the Settlers on Redstone Creek, to warn them to quit these illegal Settlements, and in case of Refusal, to threaten Military Execution ; a Copy of this Summons, which was sent down to me by some of the parties concerned, I have likewise inclosed to you. This, I make no doubt, was done in obedience to Orders received from England, as the measure is so conformable to the Letters, I, and I imagine you have received on the Subject.
" For my own part, I dont know what more can be done on our side, but, if you can propose any measures which you apprehend will have the desired effect, I will immediately communicate them to the Council, and, if necessary, will lay them before the Assembly, which will be sitting in March, when I make no doubt they will enable me to Cooperate with you in every thing which will be for His Majesty's Service, and the benefit of his Colonies.
" In relation to your last Paragraph, I can realy say nothing, having received not the least advice of any things being done in consequence of the enquiry and search I ordered to made after Samuel Jacobs. I will answer for it, the Persons to whom I gave that Commission have been able to obtain no Intelligence of him ; at this I am not surprized, for I have found by experience, it is impossible to bring anybody to Justice for the Murder of an Indian, who takes shelter among our back Inhabitants. It is among those People, looked on as a meritorious action, and they are sure of being Protected.
"I am with great Regard, Sir, " Your most Obed". " humble Servt., " FRAN. FAUQUIER. " To His Excellency JOHN PENN, Esquire."
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Wednesday the 7th January, 1767.
MEMORANDUM.
A Committee of the Assembly waited on the Governor, and ac- quainted him that a Quorum of the House was met, and desired to know if he had any business to lay before them; to which his Hon- our answered, that he had nothing as yet to recommend to them, and desired they would proceed on their usual business.
Wednesday the 21st January, 1767.
A Council was summoned to meet this day ; but none of the mem. bers attending, excepting M" Chew, the Governor shewed him a Petition he had received from Robert Tatnall, annexed to a Certif-
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cate from the Mayor, setting forth that he had apprehended Dennis Scanlan, who had committed the Robberies on the Highway in August last ; and praying his Honour would be pleased to order him the Reward of Fifty Pounds, as offered in his Proclamation. This matter being considered, it was agreed to recommend the Payment of the said Reward in a Message to the Assembly. The following Message was accordingly prepared, and ordered to be carried to the House to-morrow, with the said Petition and Certificate.
A Message from the Governor to the Assembly.
· "'Gentlemen,
" Several Burglaries and High-way Robberies having been com- mitted in and near the City of Philadelphia, in the month of August last, I thought it my duty to the Publick, to take the most speedy & vigorous Measures to put a Stop to them, and bring the Offenders to Punishment. In consequence thereof, on the 15th of August last, I published a Proclamation, with the advice of Council, offer- ing a Reward of Fifty Pounds, to any person, or persons, who would apprehend all or any of the perpetrators of the said Crimes, or their Accomplices. I am also to inform You, that soon after one Dennis Scanlan, who was suspected of having committed the Robberies on the Highway, was apprehended by Robert Tatnal, and has since been tried, convicted and Executed.
" As motives of Public Good were the sole Inducements wch led me to issue the Proclamation, I cannot in the least doubt, but you will enable me to fulfil my Engagements, and pay the said Tatnal the Reward above mentioned.
" January 22d, 1767."
"JOHN PENN.
The Letter from the Earl of Shelburne, dated the 13th Septem". last, and also that from the Lord's Commissioners for Trade and Plantations, of the 1st of August, were again taken into Con- sideration, and the following Letters were prepared in answer thereto, and ordered to be forwarded by the first opportunity :
A Letter to the Right Hon'ble. the Earl of Shelburne, from ;the Governor.
" PHILADELPHIA, January 21st, 1767.
" My Lord :
" I have had the honour to receive your Lordship's Letter of the 13th September last, signifying his Majesty's Orders relative to the murders committed on some of the Indians whose Tribes are at Peace with his Majesty's Colonies, and to the Settlements made on their Lands, contrary to the Royal Proclamation of 1763.
" I beg leave to assure your Lordship that I am truly sensible of the great Injustice of these Violences on the Persons and rights of
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the Indians under his Majesty's protection, as well as as the very pernicious Effects they are productive of; and it would give me the greatest satisfaction to be able entirely to put a stop to such Evils in this Province. The murders of Indians are generally commit- ted by Vagrant Persons, beyond the settled parts of the Country, and it is very difficult, at such a distance, to detect the authors of them, especially, as few of the back Inhabitants who still harbour Resentments against the Indians, will make any discoveries of such Villanies, if they are even witnesses to them ; all means, however, within my Power, have been and shall be exerted upon every such Occasion, to apprehend the Offenders, and bring them to Punish- ment; since the happy Establishment of Peace with the Indians, there have been instances of only two murders committed on them within this Province; one of them happened in January last, be- tween the Forts Cumberland and Bedford ; Upon receiving infor- mation of this, and that the Person suspected to have perpetrated it, was fled into the back parts of Virginia, or Maryland, I imme- diately dispatched an Account of the matter to the Governors of those Provinces, and sent them Copies of the Informer's Deposition, with a description of the Suspected Villain, and requested they would cause strict search to be made for him throughout their Gov- ernments ; but I am sorry to say that they have not yet been able to obtain the least intelligence of him. Mr. Fauquier writes me that he is not surprized at this, having found it, by experience, im- possible to bring any body to Justice for the murder of an Indian who takes shelter among the back Inhabitants, for by those People it is looked on as a meritorious Action, and such Villains are sure of being protected and concealed.
"The Murder of the other Indian was committed in November, 1765, on the northern Frontiers of this Province, and the Person suspected was apprehended and brought to a legal trial, to which Several Indians of the same Tribe were invited, that they may be convinced of our Sincere disposition to do them the Strictest Jus- tice; but, though I am informed the Evidence was sufficient to have Convicted the Prisoner, nevertheless, the Jury acquitted him, con- trary to the expectation of the Judges.
" In relation to the removal of the People who have made illegal Settlements on Lands Westward of the Alleghany mountains, I sometime ago received his Majesty's Instructions of the 24th Octo"., 1765, and in Consequence thereof, issued a Proclamation, publishing the King's Royal Orders for the immediate Evacuation of those Set- tlements, and requiring, in his majestie's Name, the Strictest Obe- dience thereto; but, as I feared no proper Respect would be paid to any Injunctions of that kind by a People who had the hardiness to Settle in a Country of Savages, and lay themselves continually ex- posed to their Fury and Resentment, I thought some further mea- sures ought to be pursued. I considered that, as the Boundary Line between Virginia and Pennsylvania, near their Western lim-
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its, where their Settlements are chiefly made, has not, as yet, been ascertained, The Settlers would no doubt shelter themselves under a disputed Jurisdiction, and it might be very difficult, if not impos- sible, to Execute his Majesty's Commands, unless both Governments should concur in one and the same measures. I therefore applied to the Governor of Virginia to Co-operate with me on this occasion, in taking such other Steps as should be judged most expedient, and acquainted him that if a military Force should be found requisite, the Commander-in-Chief would furnish the necessary Aid.
" In answer to this Application to Virginia, Governor Fauquire in- forms me that he had also, in Obedience to his Majesty's Instructions, issued Proclamations to Recall the People from their Settlements, which they had not paid the least Regard to; But that the Com- mander-in-Chief had already taken a more effectual Method to drive them away, by giving orders to an Officer with a Party of the King's Troops, to summon the Setlers on Red Stone Creek, the Mononga- hela, & other parts to the Westward of the Alleghany Mountains, to warn them to abandon their illegal Settlements; and, in case of Refusal, to threaten military Execution. This Summons was sent them in June last, and, I am informed, it had some immediate effect, as several Families then quitted their Habitations and came into the interior parts of the Country; but it is thought that some of the same People have since returned to their former settlements.
"I confess myself at a loss to know what further expedient is practicable by the Civil Power to compel these lawless People to Obedience ; but we are in hopes the exertion of a Military Force, which the Commander-in-Chief has thought necessary to apply on this occasion, will bring them to a just sense of their Duty; and his Majesty may be assured that every possible measure shall be taken on my part, to put a stop to this dangerous practice, tho' I have great reason to believe that few or none of these Setlers went from this Province.
" I have the honour to be, My Lord,
" Your Lordship's most Obedient Humble Servant,
"JOHN PENN.
" The Right Honourable the Earl of SHELBURNE."
A Letter from the Governor to the Lords Commissioners for Trade and Plantations.
" PHILADELPHIA, January 21st, 1767.
" My Lords :
" I had the honour to receive from your Lordships a Letter of the 1st of August, in November last, desiring me to transmit to you an Account of the Manufactories set up & carried on in this Colony, since the Year 1734; and having since endeavoured to inform my ... self on this Subject, I am now to acquaint your Lordships that I VOL. IX .- 23.
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cannot find the least publick Encouragements have ever been given to the Establishment of any manufactory within this Pro- vince, nor do I know of an'y actually carrying on at this time, ex- cept two. One of them was set up about three years ago in this City, by private Subscriptions, for the making of Sail Cloth, Tick- ing, and Linnens ; but the Persons concerned have already sunk money by their Project, for the high Price of Labour will not allow any of the Articles to be made at so cheap a rate as those of the same Quality & Goodness, manufactured in England, are sold for by the Retailers here; they have, therefore, lately resolved to discontinue that undertaking. The other is a Glass manufactory, which was erected about four Years ago in Lancaster County, Seventy miles from this City, by a private Person ; it is still carried on, tho' to a very inconsiderable Extent, there being no other Vent for their Ware, which is of a very ordinary Quality, but to supply the small demands of the Villages and Farmers in the adjacent inland Country.
"If any Manufactories should hereafter be set up within this Province, your Lordships may depend on my care to Transmit you an Account of the same, as I am made acquainted therewith.
" I have the Honour to be,
"Your Lordships' most Obed' humble Servant,
" JOHN PENN.
" To the Right Honourable the Lords Commissioners for Trade and Plantations."
At a Council held at Philadelphia, on Thursday 29 Jan"- 1767. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, .&cª.
Joseph Turner,
Richard Penn,
Richard Peters,
James Tilghman, & Esquires.
Benjamin Chew,'
The Governor proposed to the Board that Mr. James Tilghman should be admitted a member of the Proprietary and Governor's Council, in the Room of William Till, Esquire, Deceased, which was unanimously agreed to by the Board, and he was qualified for such by taking & Subscribing the usual Oaths and Declarations to the Government, and also an Oath for the faithfull discharge of his duty, and then he took his seat at the Board accordingly.
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