USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 42
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" JOHN PENN.
" January 23d, 1768."
And at the same time the Governor' sent to the House by the Secretary a Verbal Message, as follows, vizt :
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A Verbal Message from the Governor to the Assembly.
" Sir :
" The Governor commands me to acquaint the House that he has been prevented from sending an Answer to their Message of the 13th Instant so soon as he intended, by the close attention he has necessarily been obliged to give to the unhappy Affair of the Mur- der of the Indians at Middle Creek, taking immediate Measures for bringing the Offender to Justice, and dispatching Letters on the Subject to General Gage and Sir William Johnson, but that he has now Resumed the consideration of the said Message, and will speedily send an answer to it.
"January 23d, 1768."
The Draft of a Message to Newalecka and the Indians at the great Island being prepared, was laid before the Board and approved. It was then read and explained to Billy Champion, in order to be com- municated by him in the Indian Manner to Newalecka and the other Indians, and follows in these Words, Vizt. :
A Message from the Governor of Pennsylvania to Newoleeka, the Chief of the Delawares, and to the other Indians at the Great Island:
" Brother Newoleeka :
" The Indian Man, Billy Champion, who is the Bearer of this Letter, has informed me there were some white People in your Parts, Surveying and marking out Lands under a pretence of Hunting, and You sent him to desire to know if this was, done by my Order or knowledge. I assure you it was not. It is a wicked thing, con- trary to my Treaties with you, and contrary to our Laws and my Proclamations. I will make it my business to find them out, and if you know who they are, I desire you will inform me, that they may be taken and brought to Justice. The String herewith sent, confirms my Words.
A String.
" Brother :
"I am glad this Indian Man Bill came down at this time, for it gives me an Opportunity of informing you of a Melancholy affair which I have only heard of within these few days, and which fills the Hearts of all your Brethren with the deepest Sorrow and Grief. It is this : Two or three Families of Indians, namely, the White Mingo, Cornelius, Jonas, and John Cammell, three Women, two Girls and a Child, left the Big Island in the Spring, and came and built themselves Cabins on Middle Creek, about 15 Miles up the Creek ; there they lived and Hunted, and were often with our Peo- ple, and were always well received and kindly treated by them;
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about Ten days ago they were at Mr. William Blyth's, who lives at the Mouth of Middle Creek, who treated them kindly; and from his House they went to one Frederick Stump's, a Dutch- man, who lives in that neighborhood. There it is supposed some difference happened, but what it was we have not heard, but they were all found Murdered, Six of them in Stump's own House, and four at a Cabin at some distance from it; and I am further informed Stump says he killed them all with his own hands, and that there was no other person concerned with him in the Fact.
"On my receiving this Melancholy Account, the Sheriff was im- mediately sent with Officers to take up this Stump as the murderer, and for their Encouragement I offered them a Reward of Two hun- dred Pounds, and I am in hopes he is by this time taken, and nothing shall be lost to bring him to his Tryal, that he may suffer Death in the same manner as he would have done had he killed so many White Men.
" Brother :
"I consider this matter in no other light than as the Act of a wicked, rash Man, and I hope you will also consider it in the same way, and not imagine, that since it was done by one Man in the manner I have related it to you, that any other Persons have been concerned in it, or that it has been any way encouraged by any of my People, I assure you it has not.
" Brother :
"There are among you and us some Wild, Rash, hot-Headed People, who commit Actions of this sort. Whenever it so happens, all that can be done is immediately to acquaint each other of them, and to bring the Offenders to Justice, that it may make no breach between us, but be considered as a rash, sudden act, that could not be prevented ; And we now inform you further, that we are going to send off a Messenger immediately to the Relations of the de- ceased People, who, we hear, live near Chenasse, to inform them and the Seneca Nation, to whom they belong, of this Murder, and to bury their Bodies, and wipe their Tears from their Eyes, that it may not break the friendship subsisting between us and the Indians, but that we may live together and love one another as we did before this melancholy Accident happened. This Belt confirms my words.
A Belt of Wampum.
" Brother :
" I desire this Belt of Wampum may be sent to any of our In- dian Brethren near you, that they may not be frightened or think the English are not their Friends. Assure them to the contrary, and that we will keep the Chain of Friendship entire and bright,
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notwithstanding this Accident. To confirm this my request, I give you this String.
A String.
Locus Sigilli
"Given under my Hand and the Lesser Seal of the Province of Pennsylvania, at Philadelphia, the 23d of January, 1768.
" JOHN PENN.
" By His Honour's Command.
" JOSEPH SHIPPEN, Jun"., Secretary."
The Secretary then transcribed the above Message, and after fully explaining it again to Billy Champion, Sealing it up and delivering it to his Care, with a Belt and two Strings of Wampum, directing him to make no delay in carrying the same to Newahleeka, and in his way to call on his Brother, who speaks and writes English, to accompany him to the Great Island, in order to Interpret the Mes- sage fully to the Indians. It was agreed by the Board, that in Consideration of Billy Champion's Services and Expences in coming from the great Island and carrying the above Message, he should have a present of a Blanket, a Shirt, a Hat, a pair of Shoes, a pair of Indian Stockings, a Breech Cloth, and Four Pounds two Shillings and Six pence in Cash, which was accordingly provided and delivered to him.
At a Council held at Philadelphia, on Monday 25th January, 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª
William Logan,
Benjamin Chew, Esquires.
Richard Peters,
James Tilghman,
The Board resumed the consideration of the Assembly's Message of the 13th Instant, and a Draft of an answer thereto being pre- pared, was laid before the Board, Read and approved. The Secre- tary was directed to Transcribe the Same, and carry it to the House in the Afternoon. The said Message follows in these Words, Vizt
A Message from the Governor to the Assembly.
" Gentlemen :
" My Verbal Message of Saturday last, contained the reasons why Your written Message of the 13th Instant remained so long unan- swered; And now I take the opportunity of expressing the Pleasure it gives me to find you truly Sensible of the necessity there is of re- moving those perverse and obstinate People, who, contrary to the
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Faith of Treaties, and in contempt of His Majesty's Orders, have settled themselves within the Bounds of this Province, on Lands as yet, unpurchased of the Indians.
" It would afford me the highest Pleasure not only to make the Indians easy in this Particular, which I understand from the best Authority, is the principal Cause of their present discontent, but to give them Ample Satisfaction for every past or future Injury offered to them in this Government. As to the barbarous murder com- mitted on the Indians at Conestogo and Lancaster, in the Year 1763, no Man can be more sensible than I am that they are Crimes of so black a Dye as to admit of no Aggravation, or more desirous of bringing the Perpetrators of those Villanies to the Punishments they so justly merit; And I have the Satisfaction to know that every vigorous Step was taken by me on that melancholy Occa- sion, which the Law would Warrant. For the better securing of the Publick from any further attempts of those audacious People, the assembly at my Instance extended to this Province the Riot Act of the Ist of George the 1st. I did not lose a mo- ment's time in Writing the Magistrates of Lancaster, York and Cumberland, commanding and enjoining them in the Warmest Terms to use their utmost Endeavours to discover and apprehend the Offenders, and by a Proclamation issued by me at the same time, very high Rewards were offered to those who should make such discoveries. It is greatly to be lamented that those Measures were not attended with the success so much desired and expected from them. No one could be found who had Virtue or Resolution enough to give the Officers of Justice any information in the matter, to which it is owing, and not to the Debility of the Government, that Justice has not long since overtaken the murderers.
" The Orders I then gave, and the Rewards offered, were not limited to any time, but still carry with them the same Obligations and Inducements they ever had. In my Station I conceive noth- ing more can be done without doing an Act of Violence to the Con- stitution, which commits the immediate Administration of Justice wholly to the Magistracy, and I am persuaded, Gentlemen, that you are the last Persons who would advise me to extend my Power in any Case beyond the Bounds prescribed by the Laws of the Land. I have heretofore taken occasion to urge to Sir William Johnson the necessity of establishing a general Boundary with the Indians, and shall take the earliest opportunity of communicating to his Excellency General Gage and Sir William Johnson, that part of your Message relative to the compleating with the Indians an agreement respecting such Boundary, but at the same time I think myself obliged in Justice to those worthy Gentlemen, to ac- quaint you, that to my certain Knowledge it is not owing to them that this Cause of complaint and Uneasiness with the Indians has not been long ago removed.
" January 25th, 1768."
"JOHN PENN.
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At a Council held at Philadelphia on Thursday 28 Jan", 1768. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan,
Richard Peters,
Benjamin Chew, James Tilghman, S
Esquires.
The Governor laid before the Board a Message from the Assem- bly, which he received yesterday, with the Bill for removing the People settled on the Indian Lands. The said Message was read, and is as follows, viz *:
A Message to the Governor from the Assembly.
" May it please your Honour :
" After taking into our serious consideration the Bill entituled 'An Act to remove the Persons now settled, and to prevent others from settling on any Lands in this Province not purchased of the Indians,' with your Honour's proposed Amendment, and Message of the 23d Instant, it is with real concern we have found ourselves under the necessity of differing in Sentiments with you in a matter of so much importance to the Peace and Safety of the Province. Could we conceive your Amendment to be either reasonable or ne- cessary, we should have adopted it without the least Hesitation, but as, in our opinion, the Bill, in its present form, is adequate to the mischiefs intended to be remedied, and had we acceded to your pro- posed amendment, we shou'd have involved the innocent with the guilty, by imposing the severest Penalty on a Person for doing an Act which there is no Reason to suspect can give the Indians the least discontent, we thought the Bill would better answer the Pur- poses intended without it.
" That our Reasons for this disagreement in opinion with your Honour may be rightly explained and understood, we beg leave to observe, that the House, from an earnest desire to remove the cause of the Indian Jealousy and discontent, arising from the Settlement of their Lands, prepared a Bill, and by the first Clause thereof in- flicted the Penalty of Death on all Persons settling on any Lands not purchased of the Indians; but as they were informed that there are a number of Settlers on the communications through this Colony to Fort Pitt, under the Permissions of his Majesty's Generals for the Accommodation of his Troops in their Marches, and, as George Croghan, Esquire, Deputy Superintendent of Indian affairs, had likewise made a Settlement near Fort Pitt, with the As. sent of the Six Nations, where he generally resides when sent to that Country on the business of the Crown, none of which Settle- ments had ever been objects of the Indian complaints, we thought it highly expedient and necessary to except them in the Bill. The
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Proviso relating to the latter, is in these Words : 'Provided always, that nothing herein contained shall be deemed or construed to ex- tend to a Settlement made by George Croghan, Esquire, Deputy Superintendent of Indian Affairs, under Sir William Johnston, on the Ohio, above the said Fort, by the consent and approbation of the Six Nations.' To this Proviso your Honour was pleased to send down the following Amendment : 'Dele the Words [by the Consent and approbation of the Six Nations ], and insert the words [where the said George Croghan Esquire, as Deputy Superinten- dant, hath of late held Conferences with the Indians, so as no En- largement or Addition be made to the Improvements thereon, at the time of passing this Act, nor any more Families be seated on the same].' To leave out the Words Objected to we chearfully agreed, because, altho' we have no doubt that this Settlement was made by Mr. Croghan with the Assent of the Six Nations, yet as we had not the Proofs before us to convince you of the Fact, we did not think them of Consequence sufficient to be insisted on, but as to the other parts of the Amendment for the following, which we think important Reasons, the House adhered to the Bill.
" Because we have never understood that the Settlement long since made and well known to his Majesty's Generals and Sir Wil- liam Johnson, has ever been disapproved of by them, nor have we heard, or do we believe, that it is the least Cause of Indian Discon- tent, and therefore we could not perceive that it could answer any good Purpose to restrain Mr. Croghan from making any ' Enlarge- ment or Addition to the Improvements thereon.' Besides, we are apprehensive, should the Government too strictly counteract the Ap- probation of the Indians with respect to this Settlement, it might, at this critical Juncture, tend rather to increase than remove their dissatisfaction.
" And because we cannot presume that Mr. Croghan would do any Act whatever that might give the least Umbrage or uneasiness to the Natives under his immediate Superintendance; the Commis- sion he holds, the Address and Fidelity with which he has always executed that Commission, and the eminent Services he has ren- dered the Nation and its Colonies in conciliating the Affections of the Indians to the British Interest, forbid the suspicion. To re- strain, therefore, that Gentleman from making any enlargement or Addition to the Improvements already made on this Settlement, and thereby to render him liable to the Penalty of Death for an Act which perhaps may be necessary for the more convenient transacting the business of the Crown, and which can by no means be productive of the Mischiefs intended to be obviated by the Bill, would be a Severity, in our Opinion, entirely unnecessary, and as unreasonable as unmerited.
"Thus much we have thought proper to offer in Vindication of our disagreeing with you on your proposed Amendment; And with Respect to your Honour's apprehension, ' that there might be an VOL. IX .- 28.
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opening left for the People intended to be removed, to sit down on the Lands excepted by the Bill,' We beg leave to say, that it ap- pears to us very improbable that the Settlers who shall be removed from their present settlement, will transfer themselves and Families to the Lands settled by Mr. Croghan, as those Lands are all in the Vicinity of Fort Pitt, and no Settlements can be made thereon without the Consent or Connivance of the Officer commanding that Garrison. To presume either of which, would be injurious to his public Reputation. However, to remove your Honour's Objec- tion on this Head, and that a Bill of so much consequence to the public Welfare may be no longer retarded, we will agree to insert in the bill, instead of the Amendment proposed in your Message, the following Proviso:
" Provided, also, that if any person who shall remove off and from the Lands not excepted as aforesaid, or elsewhere, to the Lands on which the said George Croghan, Esquire, has made the Settlement aforesaid, and shall there reside and Settle, to the Annoyance and Dissatisfaction of the Indians, every such Person shall be, and is hereby declared to be Offenders within the Intent and meaning of this Act, and liable to the Penalty herein before directed to be in- flicted on Persons Settling on Lands not purchased of the Indians as aforesaid, after the Notice aforesaid.
" Signed by Order of the House, " JOSEPH. GALLOWAY, Speaker. "January 27th, 1768."
The Board taking the above Message into Consideration, and not thinking it advisable to adopt the Proviso proposed therein by the House, unless they would agree to strike out the Words "to the Annoyance and Dissatisfaction of the Indians," were of Opinion that the Bill should be returned to the Assembly, with a Message from the Governor, acquainting them that he would be willing to pass it with that Proviso, omitting those Words, and expunging from the Bill the Words "by the Consent and approbation of the Six Na- tions." The following Message was accordingly drawn, and being approved, the Secretary was directed to carry it to the House, with the Bill for removing the Settlers on the Indian Lands."
A Message from the Governor to the Assembly.
" Gentlemen :
" The Addition you propose in your Message of Yesterday, to the Bill entituled " An Act to remove the Persons now Settled, and to prevent others from Settling on any Lands in this Province, not purchased of the Indians, is, in my Opinion, so far from answering
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the Purpose of deterring Persons from removing themselves to, and settling on the unpurchased Lands where Mr. Croghan has made a a Settlement, and usually resides when he transacts business with the Indians, that it may rather be considered as an En- couragement to them. The Offence, by the Addition proposed, does not consist in settling these Lands, unless such settlements shall be "to the Annoyance and Dissatisfaction of the Indians," so that all Lawless Intruders will be at liberty to take posses- sion of and improve them in the first instance with Impunity, and whether it may or may not annoy or dissatisfy the Indians in gen- eral, may be a Question of extreme difficulty, and which perhaps may not admit of such legal Proof as to bring the Settlers to con- dign Punishment under this Law, till an Indian War (the Evil we are guarding against) has actually taken place. For this reason I cannot help thinking, that the Amendment contained in my written Message of the 25th Instant, much better adapted to the good End we both seem to have in view, than the new Proviso you would add to the Bill. The material difference between us is occasioned by the words of your Proviso [to the Annoyance and Dissatisfaction of the Indians, ] which I conceive makes the Crime too depend on facts scarcely capable of full proof, I am therefore in hopes on coolly considering the matter, you will be inclined to wave the Expres- sions in the Proviso, which if you think proper to do, I will pass the Bill with the rest of your Proviso, after expunging the words you agreed to leave out in your answer to my first amendment. Should you however, Gentlemen, on this point differ in Sentiment- with me, to prevent the miscarriage of a Bill of such general Conse- quence, upon which the Peace of the Colonies may in a great meas- ure depend, I will consent to pass it on the Amendment you first acceded to.
" JOHN PENN.
"January the 28th, 1768."
A Bill entituled " An Act for the relief of the Poor," sent up yesterday by the House for the Governor's Concurrence, was also- laid before the Board and referred to further Consideration.
Mr. Peters and Mr. Logan, having by the Governor's desire pre- pared a Message to be sent by the Indians now in Town from Wighaloosin, viz: Zaccheus and his Family, to the Indians resid -- ing at Wighaloosin and the upper parts of the Susquehanna, the. same was approved and Signed by the Governor, and the Secretary was directed to affix the Lesser Seal to it, and to deliver it with two Belts of Wampum to the Charge and care of the said Zaccheus .. The said message is as follows, viz":
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" The Honourable JOHN PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware.
" To our Indian Brethren at Wighaloosin, on the River Susquehanna, Greeting :
" Brethren :
" We have the Pleasure to see in this City the Indian Zaccheus, and some other Indians with him. They came on a friendly visit, and we have received them like Friends and Brethren.
" Brethren :
"We have just now received a very disagreeable Piece of News. Some Indians have lately been Murdered at Middle Creek, not far from the Island called the Mahoney, in the River Susquehanna, about 7 or 8 miles from Shamokin.
" Our Treaties of Friendship oblige us to acquaint our Brethren with every thing that happens, especially if it relates to Life, or any hurt and violence done to our Persons or Properties. We shall, therefore, openly and affectionately relate this Matter to you just as we received the account of it by a Person of Reputation, living in the Neighborhood where the Murder was committed.
"Two or three families of Indians, namely : an Indian called the the White Mingo, another called Cornelius, another called Jonas, another called John Cammell, three Indian Women, two Girls, and a Child, removed from the Big Island in the Spring, and came and built themselves Cabbins on Middle Creek, about fifteen miles up the said Creek ; there they lived and hunted, and were in a very friendly manner with the White People thereabouts, and were always well received and kindly treated by them.
" About Ten days ago they were at Mr. William Blyth's, who lives at the Mouth of Middle Creek, who treated them kindly, and from his House they went to one Frederick Stump's, a Dutchman, who lives in that neighborhood; there it issupposed that some dif- ference happened, but what it was we have not heard, but they were all found murdered, Six of them in Stump's own House, and four in a Cabin at some distance from Stump's House, and I am further informed Stump says he killed them all with his own Hands, and that there was no other Person concerned with him in this Act. " Brethren :
" On my receiving this melancholy Account, the Sheriff's were immediately sent with Officers to take up this Stump as the Mur- derer, and for their Encouragement I offered a Reward of Two hundred Pounds, to be forthwith paid to any Person or Persons who should apprehend Stump, the murderer ; and I am in hopes he is by this time taken, and no time shall be lost to bring him to a Trial, that he may suffer Death in the same manner as he would do if he. had killed so many White Men.
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4' Brethren :
"I can consider this matter in no other light than as the Action of a wicked, rash man, and I hope you will also consider it in the same way, and not believe that since it was done by one man, in the manner I have related, that any other White Men were con- cerned in it, or that it has been any ways encouraged by any of my People; I assure it has not.
" Brethren :
"There are among you and us some wild, rash, hot headed Peo- ple, who commit Actions of this sort ; Whenever it so happens, all that can be done is immediately to acquaint each other of these things, and to bring the Offenders to Justice, that it may make no Breach between us, but be considered as a rash, sudden Act, that could not be prevented, And we now inform you that we have sent off Messengers to Sir William Johnston and to our Indian Breth- ren, the Six Nations, to inform them of this wicked Murder, & how it happened, with intent that it may not break the Friendship sub- sisting between us and the Indians, but that we may live together and love one another as we did before this melancholy accident hap- pened. This Belt of Wampum confirms my words.
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