USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 40
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" We find from his Excellency's Letter, and our own Enquiry, that the Causes of the present ill Temper of the Indians are the audacious Encroachments made by a Number of People who have settled on their Lands, on Red Stone Creek and Cheat River, within the Bounds of this Province, and the Murders committed on a num- ber of Seneca and other Indians, by Persons who have hitherto bid
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Defiance to the Laws and Eluded the hands of Justice. These Of- fences, so injurious to the Rights of the Natives and the security of their Persons, in Violation of the solemn Treaties of Peace and Friendship established with them, and in Contempt of His Majes- ty's Proclamation and the Laws of the Colony where committed, can- not fail to create in their Minds the most dangerous Jealousies of our publick Faith and Integrity, and are probably motives to their design of forming a powerful Confederacy in the Spring. The Settlement of their Lands without their Consent, we fear, has ren- dered them suspicious that we intend to make them our own with- out paying any consideration for them. And the repeated Murders perpetrated on their people by the Frontier Inhabitants of several of the colonies must fill the Minds of Persons whose Ruling Pas- sion is Revenge, and who never forget injuries without an Attone- ment made for them, with Resentment against the Governments under which such heinous offences are committed with Impunity.
" And as in all Probability those People will not distinguish be- tween the Publick Acts of Government and the wicked Conduct of Lawless Men, they must in the End bring on a Savage War, at- tended with an immense Expence to Great Britain and her Colonies, in which the Innocent will be involved with the Guilty, and neither Age or Sex find Compassion or Mercy. Under this View of the mat- ters recommended by your Honour to the House, we are of opinion that the removal of every Cause of the present discontent of the Indians, and a Redress of every Grievance they can justly complain of, are objects of the highest Importance to the Peace and Safety of the Province.
" In order to remove those lawless Intruders on the Indian Lands, and to prevent any future Settlements thereon, we are pre- paring a Bill which we hope will be effectual. The Provisions in this Bill, we expect, will answer the good Purposes intended ; for those unhappy Men, should they obstinately persist in their Offence, must become Liable to the heavy Penalties of the Law, and we presume will, on cool Consideration of their danger, and the mis- chievous Tendency of their Conduct, prudently desert their Settle- ments, and thereby Redress that part of the Indian Complaints. But should we be disappointed in this Expectation, we beg leave earnestly to recommend it to your Honour, to exert your utmost endeavours to secure the Tranquility of the Province, and avert the present prospect of an Indian Rupture.
"But may it please your Honour, should the Effects of this Law answer our Expectation of removing those Lawless People from the Indian Lands, we fear that there will still remain a prin- cipal Cause of their Dissatisfaction. We have received information that a Number of Senecas has been lately killed on the Frontiers of this and the neighbouring Provinces, and we can never forget those flagrant Breaches of the Laws of Hospitality, and the horrid Acts of Barbarity committed in the Year 1763, on the Remains of a
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Tribe of the same Indians and others, at Conestogo and Lancaster, which must also be remembered by your Honour. If murders will admit of Aggravation, the Circumstances attending the last men- tioned of those impious Transactions, would greatly enhance the Guilt of the Offenders. The Forefathers of those innocent Victims, were received into an Alliance of Friendship by our first honourable Proprietary. Their Posterity were settled by the Government on a Tract of Land at Conestogo, and remained there Peaceably until part of them were inhumanly massacred.
"The rest, reposing the firmest Confidence in the Faith of the Government, were taken in their distress under its more immediate Protection in the Work-house at Lancaster, where Men, Women, and helpless Infants, alike became a Sacrifice to the Frantic Rage and relentless Cruelty of a sett of Men equally regardless of the .Dictates of Humanity, Religion, and the Laws of their Country.
" These Murders we find have reached the Ears of the Indians, and they have complained of them among others. They are un- doubtedly one of the Causes of their present discontent, and will, we fear, be made use of to excite the Resentment of the Natives against this Province in a particular Manner, should a Rupture with them unhappily take place. Nor will this appear by any means improbable, when it is considered that the like Offences, in the King's Neighbouring Government of New Jersey, have been brought to condign Punishment, and thereby a satisfactory Attonement made to the Indians for the Loss of their Brethren. Whether, therefore, we consider Ourselves on this Occasion as Persons concerned for the future Safety of the Lives of the People we represent, and a due Execution of the Laws upon which the Honour and Dignity of the Government depend, or for the Removal of every Cause which may increase the Danger of an Indian War, we are pressed by the Strongest Motives to take this opportunity of earnestly intreating your Honour that diligent and Speedy Inquisi- tion be made after those attrocious offenders who have stained the Land with innocent Blood and bid defiance to the Laws of their Country, to effect which, no Assistance in our Power shall be want- ing that the importance of the Occasion requires.
"Notwithstanding the tumultuous State of the Province might oppose the Exertion of the Powers of Government necessary to bring those Criminals to Justice at the time of committing the Offence, yet we apprehend that obstruction has been long since re- moved, and that the past as well as present Tranquility of the Pro- vince, with the Horror and Detestation with which all Honest and good Men look back on those Transactions, have afforded, and do yet afford, a favorable Opportunity of restoring the Government to its former Power and Dignity. lately so insolently trampled on, and of convincing those Offenders, that altho' Justice may sometimes Sleep, it can never Die ; besides, it is the dread of exemplary Pun- ishment, Steadily and uniformly inflicted on past Delinquents, that
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alone can deter the Wicked from the Perpetration of future Offences. And should Crimes of the first Rank, of the deepest Dye, remain unpunished, Wicked men will never be wanting in any Country to take Advantage of the Times and the Debility of Government, to commit the like, or other Crimes.
" We heartily concur in Opinion with your Honour, that ' No- thing can be of more Importance to this Province, than preventing the calamitous effects of an Indian War,' and that ' the Principles, both of Justice and Policy, call for a Speedy Redress of the Griev- ances complained of by the Indians.' And we assure the Governor that the House is much by his Declaration, that he 'would willingly take every Measure in his Power, not only to remove the Just Causes of their Complaints of past injuries, but to protect their Persons and Properties for the future.'
"From such a disposition put in practice, we have Reason to expect that all the Causes of Indian Complaints against the Gov- ernment may be removed, and their Minds impressed with proper Ideas of its Justice, and our friendly disposition towards them, which alone can form the solid Foundation of a lasting Peace ; And we hope Your Honour will not meet with much difficulty in this important service to the Province, for when we consider the Manner of committing the Murders at Lancaster ; that it was done at Noon- Day, in the midst of a Populous Borough, and in the Presence of many spectators by Men probably of the same County, undisguised and well known, we apprehend their Names may be easily discov- ered, and their Persons brought to that Punishment their heinous Offences deserve.
" On this important Subject, permit us also to remark, that we are further assured, from good Information, that a general Boun- dary between the Natives and these Colonies has been some time past Negotiated with them by Sir William Johnston, in Obedience to his Majesty's Orders; that the Boundary agreed on will be far distant from our frontier Settlements, aud a large Tract of Country within it will thereby be ceded to his Majesty, for a valuable Con- sideration ; that as some Time has Elapsed since the Agreement was made with the Indians, and in the meantime the people on the Fronties have been encroaching on their Lands, while this Boundary remains unconfirmed, and the Indians unsatisfied for their Country, they are become very uneasy on this Account, also, and Jealous that there is no design to ratify and confirm it; to obviate which Cause of their Discontent, and effectually to establish between them and His Majesty's Subjects a durable Peace, we are of opin- ion that a speedy Confirmation of this Boundary, and a just Satis- faction made to them for their Lands on this side of it, is absolutely necessary.
"By this means all their present Complaints of Encroachments will be removed, the People on our Frontiers will have a sufficient Country to settle or Hunt in, without interfering with them, and
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the Northern Indians in their War Expeditions against the South- ern, will not be liable to the Insults which have been heretofore offered to their Persons; For these Reasons we earnestly request your Honour would communicate these our Sentiments to his Ex- cellency General Gage, and Sir William Johnson, and use your ut- most endeavours to prevail on them to finish, if in their Power, with all convenient Dispatch, a measure so essential to the removal of the present discontent of the Natives, and future Tranquility of these Colonies.
" Signed by Order of the House.
"JOSEPH GALLOWAY, Speaker. " January 13th, 1768."
January.
Two Members of Assembly presented to the Governor for his Concurrence, a Bill entituled " An Act to remove Persons now Set- tled, and to prevent others from Settling, on any Lands in this Pro- vince not purchased of the Indians."
At a Council held at Philadelphia, on Tuesday 19th January, 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
James Hamilton,
Benjamin Chew, Lynford Lardner,
Esquires.
Richard Peters,
James Tilghman,
The Governor laid before the Board a Letter he lately received from Sir William Johnson, dated the 2d Instant, which was read, & is as follows, Viz“:
A Letter to the Governor from Sr. William Johnson.
JOHNSON HALL, January 2d, 1768.
" Sir :
" By last Post I had the favour of your Letter of the 15th Ult., 'Chiefly regarding the alarming State of Indian affairs, occasioned by the intrusions and other Hostile Acts of Persons on the Fron- tiers, which has had such an effect upon the Minds of the Indians, as gives me the Strongest Reason to apprehend a general Rupture, unless there is something done for their Relief. Your intentions, therefore, to endeavour to procure some Salutary Law for that pur-
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pose, give me much Satisfaction, as all other Methods have, it seems, hitherto proved ineffectual, which has rendered all my Assu- rances to the Indians of little weight, and greatly weakened any confidence they reposed on the British Faith, by giving them Sus- picions that we had neither Authority to procure, or inclination to afford them Relief. I, therefore, heartily wish that the Legisla- ture of your Province may, from a just Sense of the importance of the Affair, take such measures as will at once convince the Indians of our Justice, and pacific Sentiments for them ; and you may be assured, Sir, of my doing every thing, in the Interim, for convin- cing them of your good intentions, and for reconciling them to the necessary delay you mention.
" There are doubtless amongst the scatter'd Tribes living in the back parts of that Country, several Idle Indians, who may, from Motives of private Interest, be persuaded to give some encourage- ment to the Settlers; but these are private acts of Persons who would presume to avow them to the Confederacy, whose sole Right it is, and whose Resentment may have a most fatal Tendency, if to their natural Jealousy of us, is joined their Suspicion that we suf- fer or countenance such settlements, with a design to Hemm them in and deprive them of their Liberties; An opinion into which they are very easily led, and until it is thoroughly removed, our Frontiers and Trade must, at the best, be on a very precarious footing.
" 'The Boundary Line would no doubt have been of great Service at this time, but I have heard nothing farther on that head from his Majesty's Ministers. If our People would confine themselves within the limits of such a Line, I know that, for a good Considera- tion to the Indians, I could obtain a valuable Cession of Territory, and the Indians have been told that it is intended.
" I am sorry to find that the Indians who attended the Surveyors in running the Division Line, would not consent to proceed farther than you mention. Their stopping where they did, I, in some mea- sure, attribute to their apprehensions of farther Insults in Travel- ling to and from the Cherokee Country, of which they have often complained, as well as to the present uneasiness Subsisting among them, for the Causes aforementioned, &cª. I hope that a more fa- vourable time may be found for compleating the whole, to which the good usage they received from the Commissioners will greatly contribute.
" Mr. Crawford informs me that he found the Travelling at this Season so very expensive, as obliged him to lay out the 40 Dollars ordered for the widow of Jacob, which, I was sorry to hear, because such expressions of kindness would give them a favourable impres- sion, and facilitate that or any other business hereafter. I there- fore think it very necessary at this time to advance that Sum as in- tended, which I shall take the Liberty to add to another small Ac- compt against the Province, which, (altho' of a long standing,) I make no doubt. you will order the payment of; I am, with the
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greatest Truth & Respect, Sir, your most Obedient and very Hum- ble Servant.
"W. JOHNSON."
The Assembly's Message of the 13th instant, with a Draft of an Answer thereto, and the Bill for removing the Settlers on the In- dian lands with a proposed amendment, were laid before the Board, but referred to a future consideration, on Account of a Mel- ancholy piece of intelligence just brought to Town, of the murder of Several Indians on the Susquehanna, which required the immediate attention of the Board.
" Mr. William Blyth of Penn's Township, in Cumberland County, being just arrived in Town, in Order to give information to His Honour the Governor, of the Murder of T'en Indians, lately com- mitted by Frederick Stump at Middle Creek, in that County, ap- peared at the Board, and being examined on Oath, related what is contained in the following Deposition taken in Council, before the Chief Justice, who was expressly desired to attend for that Purpose, viz *· :
"The Deposition of William Blyth of Penn's Township, in the County of Cumberland, Farmer, being sworn on the Holy Evange- lists of Almighty God, saith :
" That hearing of the Murder of some Indians, by one Frederick Stump, a German, he went to the House of George Gabriel, where he understood Stump was, to enquire into the Truth of the matter ; that he there met with Stump and several others, on the 12th of the present Month, January, and was there informed by the said Stump Him- self, that on the Sunday Evening before, being the 10th day of the Month, Six Indians, to Wit: the White Mingo, an Indian man named Cornelius, one other Man named John Campbell, one other Man named Jones, and two Women, came to his (Stump's) House, and being in Drink and Disorderly, he endeavoured to persuade them to leave his House, which they were not inclined to do, and he being apprehensive that they intended to do him some Mischief, killed them all, and afterwards, in order to conceal them, dragged them down to a Creek near his House, made a hole in the Ice, and threw them in ; And that the said Frederick Stump further informed this Deponent that, fearing news of his killing the Indians might be carried to the other Indians, he went the next Day to two Cabbins about fourteen miles from thence, up Middle Creek, where he found One Woman, two Girls and one Child, which he killed, in order to prevent their carrying intelligence of the Death of the other Indians, killed as aforesaid, and afterwards put them into the Cabbins and burnt them; That this Deponent afterwards sent four Men up the Creek, to where the Cabbins were, to know the Truth of the matter, who, upon their Return, informed him that they had
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found the Cabbins burnt, and discovered some remains of the Limbs of some Indians who had been burnt in them, and further saith not. " WILLIAM BLYTH.
"Sworn at Philadelphia, the 19th day of January, 1768, before me,
" WILLM. ALLEN.
The Council thereupon immediately took this most important matter into their serious consideration, and were of opinion that Warrants should be immediately issued by the Chief Justice, directed to the Sheriffs, under Sheriffs, and other Officers of the Province, and particularly to those of the Counties of Cum- berland, Lancaster, and Berks, for the apprehending of the above- mentioned Frederick Stump, and bringing him before one of His Majesty's Justices of Oyer and Terminer, to be dealt with accord- ing to Law. The Board also advised the Governor to issue a Pro- clamation, offering a Reward of Two hundred Pounds for appre- hending the said Offender, and bringing him to Justice, but to delay the Publication of the same for a short time, till other more secret means should be used for taking him, lest News of such a Proclamation should reach his ears, and he might be thereby so alarmed as to abscond, or make his Escape, before any Sheriff could arrive at Penn's Creek, where it is believed he continues to remain with his family. They therefore advised the Governor to write im- mediately to the Magistrates of Cumberland County, strictly re- quiring them to exert themselves on this Occasion, by giving their best assistance to the Sheriff and other Officers, and taking all other Measures in their Power for apprehending and securing the said Frederick Stump, and also to dispatch Letters of the same kind to the Magistrates of Lancaster and Berks Counties, instructing them to send their Sheriffs, with sufficient aid, to the utmost Limits of. those Counties on the Susquehanna, so as to be nearly opposite to Middle Creek, that they may be in readiness to apprehend the said Stump, in case he should cross the River, and retire to either of those Counties.
The Board further advised the Governor to write to General Gage and Sir William Johnson, acquainting them with this unhappy accident, and the Steps he is taking on this occasion, and to request Sir William will be pleased to communicate the same as soon as possible, to the Six Nations, in the best and most favourable man- ner in his Power, so as to prevent their taking immediate Resent- ment for this unavoidable Injury committed on their People, and to assure them of the firm and sincere purposes of this Government to give them full satisfaction at all times for all wrongs done to the Indians, and to preserve the Faith and Friendship sub- sisting between us and them inviolable. Accordingly, the Chief Justices Warrants and the several Letters to the Magistrates of
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Cumberland, Lancaster, and Berks Counties, were prepared, without delay, and despatched by Express, and are as follow, vizt :
"Pennsylvania, ss :
"WHEREAS, Proof hath been made before me, William Allen, Esquire, Chief Justice of the Province of Pennsylvania, that a cer- tain Frederick Stump, of Penn's Township, in Cumberland County, hath most Maliciously and barbarously killed and Murdered four Indian Men, three Indian Women, and three Indian Children, being in the Peace of God, and of our Lord the King. These are, there- fore, in His Majesty's Name, to Will and require You and every of You, forthwith to make diligent search for the said Frederick Stump, and him, the said Frederick Stump, to apprehend, and take and bring him before me, or any other of his Majesty's Justices of Oyer and Terminer for the Province of Pennsylvania, to answer for the said Murders, and to be dealt with according to Law; And I do hereby require all his Majesty's liege Subjects, Inhabitants of this Province, to be aiding and assisting, to the utmost of their Power, towards the apprehending the said Frederick Stump.
" In Witness whereof I have hereunto Set the Seal of the Su- pream Court of the Province of Pennsylvania, this Nineteenth day of January, Anno Domini, 1768.
" WILLm. ALLEN.
" To the High Sheriff, under Sheriff, Constables, Bailiffs, and all other Officers of the said Province of Pennsylvania, & particularly to those of the Several Counties of Cumberland, Lancaster, York, and Berks."
A Letter from the Governor to the Magistrates of the County of Cumberland.
" PHILADELPHIA, 19th January, 1768.
" Gentlemen :
"Having received certain Information. that on Sunday the 10th Instant, Frederick Stump, a German, of Penns Township, in Cum- berland County, 'did, without Provocation, murder in the most cruel and inhuman manner, in his own House near the mouth of Middle Creek, four Indian Men and two Indian Women, and that the next Day he proceeded fourteen miles up that Creek, and there put to Death and burnt in their Cabbins an Indian Woman, two Girls and a Child. I do hereby Strictly charge and require you immediately to exert yourselves in the most active manner, on this occasion, by giving your Assistance to the Sheriff and other Officers of Justice, in executing the Chief Justice's Warrant, and taking all other meas- ures in your Power, for the immediate apprehending the said Fred- erick Stump, and that you also give your best Assistance to the
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Sheriff in sending him, under such a Guard as may secure him from all possibility of escape or Rescue, down to this City, agreeable to the Chief Justice's Warrant, forwarded for that purpose by this op- portunity, to be examined by one of the Justices of Oyer and Ter- miner, and to be dealt with by them according to Law.
"The Sheriff and Power of your County, should be dispatched without the least delay, to George Gabriel's House, on Penn's Creek, where I am informed Stump is gone, and to such other Places where it is most likely he may be found. You are also to give di- rections for the apprehending of his Servant Lad, (whose name I do not yet know) about 18 years of Age, who was with him at the Murder of the Women and Children, and is perhaps the most ma- terial Evidence that can be got against him. You are likewise to direct the Coroner of your County to proceed thither and to the Cabins beforementioned, and to hold Inquests on the Bodies of all the said Indians that can be found, and cause them to be buried in a very decent Manner.
. "I am persuaded Gentlemen, that the Love of Justice, a sense of Duty, and a regard for the Public Safety, will be sufficient inducements with you to exert yourselves in such a manner as to leave no measuress untried which may be likely to apprehend and bring to punishment the Perpetrator of so horrid a Crime, which, in its consequences, will certainly involve us again in all the Ca- lamities of an Indian War, and be attended with the Effusion of much innocent Blood, unless, by a proper Exertion of the Powers of Government, and a due Execution of the Laws, we can satisfy our Indian Allies that the Government does not countenance those who wantonly Spill their Blood, and convince them that we think ourselves bound by the Solemn Treaties made with them. I have this matter so much at heart, that I have determined to give a Re- ward of Two Hundred Pounds to any Person or Persons who shall apprehend the said Frederick Stump, and bring him to Justice, and should have sent up Proclamations for the Purpose by this oppor- tunity, if I was not apprehensive that the setting up and making publick such Proclamations might be a means of terrifying him, and put him on making his Escape, or absconding, before the Offi- cers of Justice could take him. I mention this, therefore, to you, in Confidence, and that you, by discreetly communicating it to such as you think proper, may the more easily prevail with them wil- lingly to engage in the undertaking, and you may Assure them that they shall have the Reward, though he should be apprehended before the Proclamation is actually Published.
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