USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 43
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A Belt.
" Brethren :
" We desire that this Belt of Wampum may be sent forward by Zaccheus, or any other Indians that shall chuse, to the Indians living up the Susquehanna, and particularly to those who live at the North West branch, which runs into the Susquehanna at Diahogo, or Tohickon, because we are informed that the White Mingo, and some of the other Indians, came from some Town on that Branch.
" Brethren :
"I desire you will particularly assure our Indian Brethren in my name, that this matter gives as much Trouble and grief to our Hearts as to theirs, and that notwithstanding this wicked Action, we love our Brethren as well as formerly, and shall spare no Pains to bring the Murderer to the Death he deserves.
A Belt.
Locus Sigilli.
" Given under my Hand and the Lesser Seal of the Province of Pennsylvania, at Philadelphia, the twenty- eighth day of January, 1768.
"JOHN PENN.
" By his Honour's Command. " JOSEPH SHIPPEN, Jun"., Secretary."
The Indian, Zaccheus, having complained to the Governor that he and his Family, consisting of 9 Persons, were very Poor, and Pe- titioned for some Cloaths and Necessaries, His Honour directed that they should be furnished with what was sufficient for them, and they were accordingly presented with the following Articles, Viz *:
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" 10 Shirts, 151b. Lead, 1 dozen Cotton Romal Handkfs, 8 Blank- ets, 41b. Powder, £20 in Cash, 10 pr. Indn Stockings, 2 Brass Ket- tles."
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Friday, 29th January, 1768, 5 o'Clock, P. M.
MEMORANDUM :
An Express arrived this moment with a Letter to the Governor from Edward Shippen, Esquire, at Lancaster, with Intelligence of Frederick Stump's being taken, and secured in the Gaol of Cumber- land County, which Letter was immediately laid before the Assem- bly for their perusal, and follows in these Words, viz":
" LANCASTER, 28th January, (Noon), 1768. - " Honoured Sir :
"As soon as the Magistrates of this County received the honour of your directions, by Mr. William Blythe, for apprehending of Frederick Stump, The Sheriff and Coroner went off with the Copy of the said directions to James Burd, Esquire, and these Of- ficers are now returned, and inform us that the murderer of the In- dians is taken by young Captain Patterson, with a Party of twenty Men, and secured in Carlisle Gaol, that on our said Officers return to Mr. John Harris's, Mr. Burd being there, they sent an Express over to the Sheriff of the County of Cumberland, desiring him to bring Stump to them, and they would take care to convey him safely down to Philadelphia, in order to be examined ; but he wrote them for Answer, that he could not do that, for Reasons which be should im- mediately send by Express down to his Honour the Governor. The Magistrates who live in this Borough, thought it advisable to send your Honour this News by Express, who is to set off after his Horse is Shod.
"I am Your Honour's affectionate Friend, "and most humble Servant, "EDWD. SHIPPEN. " To the Honble JOHN PENN, Esquire, Governor."
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At a Council held at Philadelphia, on Saturday 30th Jan"., 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Chew, Lynford Lardner, ? Esquires.
& James Tilghman,
The Bill entituled " An Act for the relief of the Poor," was read and considered, and the Board being of Opinion that it re-
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PROVINCIAL COUNCIL.
quired several Amendments, the following ones were made and agreed to, and the Bill was ordered to be returned to the Assembly with the same, as soon as they should meet on Monday next.
Amendments to the Bill entituled " An Act for the relief of the Poor :"
" Page 2, Line 3, Instead of the word [and], insert the word [or].
" Page 21, Line 3. after the word [the], insert the words [Dis- trict of Southwark, the].
" Page 27, Line 7. instead of the word [Twenty], say [Ten].
" Page 30, Line 5. instead of ( monney ] say [money].
" Page 38, line 1. instead of [Six] say [Twelve].
" Same Pa., Line 10. after the word [reside] insert the word [and].
" Page 41, Line 7. instead of [Justicis] say [Justices].
" Page 42, Line 3. after the word [shall] add the Words [after the Date of such Certificate].
"Same Pa., Line 7. instead of the Word [perscribed] say [pre- scribed].
" Same Pa., Line 10. after the word [Borough] insert the word [or]
" Page 43, line 7. after the word [City] add the words [other than the Mayor or Recorder ].
"Same Pa., Line Anti penult. after the word [City ] insert [other than the Mayor or Recorder ].
" Same Pa., Penult Line. instead of [Per] say [Persons].
" Page 44, Line 4. after the word [the ] insert the word [said].
"Page 45. Dele from the word [the] in the first Line to the word [and] in the fourth Line, and instead thereof insert the words [next general Quarter Sessions of the Peace to be held for the City or County from which the Person or Persons shall be so removed, and that the said appeal shall be prosecuted and determined in the General Court of Quarter Sessions of the Peace for the City or County respectively, where such Order of removal shall be made ].
" Same Pa., line 5. Instead of the word [Justices] say [Court].
" Page 46, Line 8. after the word [same] add as follows : [Pro- vided always, and be it further enacted by the Authority aforesaid, that none of the Magistrates or Justices who shall sign any Order for the removal of a Poor Person or Persons shall, on the hearing any Appeal from such Order, sit or Vote in the Court of general Quarter Sessions of the Peace for the City, Borough, or County to which such Appeal shall be made ].
" Page 59, Line 1. Dele the words [of the Poor].
"Same Pa., Line 10. Dele the words [and if ].
"Page 62, Line 2. instead of the words [the next ] say [their ].
" Same Pa., Line 9. instead of the word [ Wines] say [Wives].
" Page 63, Line 13. instead of [Prophets] say [Profits].
" Page 65, Line 14. instead of [Wife] say [Mother]."
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MINUTES OF THE
The Governor laid before the Board A Petition from a very con- siderable number of the Inhabitants of Berks County, setting forth that if a Provincial Road was laid out in the most convenient places, from the Town of Reading, in the said County, to Fort Augusta, it would greatly tend to advance the Trade and Commerce with the Indians who are Settled at the heads of the Susquehanna River, and to preserve the Friendship and Peace with them, and would, also, save great charge and Expence in Transporting Skins and Furs from thence, as the distance from that Fort to Philadelphia, by way of Reading, is much shorter than any other, and therefore, praying the Governor in Council, to appoint proper Commissioners to lay out a King's High Way, or Public Road from the said Town of Reading to Fort Augusta, and to direct Measures to be taken for opening and clearing the same.
The Board taking this matter into Consideration, are of Opinion that such a Road will be of very great Public Utility, but that as part of the Country through which it would pass to Fort Augusta, is not yet purchased of the Indians, a Road ought not to be opened beyond the Line of the last Purchase.
It is, therefore, agreed, and ordered that a Provincial Road be laid out from the said Town of Reading, through the County of Berks, in the most convenient and direct Courses, towards Fort Au- gusta, as far as the said Line, or to such part of the River Susque- hanna, between the Mouth of Mahonoy Creek, and where the said Line intersects the said River, as may be found to be of the greatest public use and convenience. And the Board do accordingly ap- point and order Jonas Seely, John Patton, Henry Christ, James Scull, Frederick Weiser, Benjamin Spycker, Mark Bird, Christian Laur, and Thomas Jones, Jun'", or any Six of them, to lay out the same Road, and make a Return of the Courses and Distances thereof, into the Provincial Secretary's Office, within Six Months from this day, in order to be confirmed by the Governor and Council, if the same shall be approved.
A Committee of two members of Assembly waited on the Gover- nor and presented him a Bill for his Concurrance, entituled "An Act for incorporating the Society known by the name and Stile of the Philadelphia Contributionship, for the Insuring of Houses from Loss by Fire, to ratify and confirm the Articles of Agreement of the Contributors, and to enable them to make suitable By-Laws for the better management and prosecution of the said design."
Mr. Hillegas, one of the said Members, then acquainted the Gov- ernor that the House were about framing a Lottery Bill, for raising a sum of money for purchasing a piece of Ground on the River in the Northern Liberties for a Public Landing, &ca., and presented him for his approbation, a List of Persons proposed for managers of the said Lottery, viz": Thomas Salter, Philip Syng, Samuel Miles, John Chevalier and Peter Knight. The Governor made answer that he should consider of them, and let him know at a future time whether he approved of them.
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PROVINCIAL COUNCIL.
Tuesday 2d of February, 1768.
MEMORANDUM.
The Governor was informed that Frederick Stump and his Ser- vant, who were Committed to the Gaol at Carlisle on the 23d Ul- timo, were still detained there, contrary to the express Orders of the Chief Justice's Warrant, which required that the said Stump should be brought to Philadelphia to be examined before one of the Justices of Oyer and Terminer, and no Letters being as yet received, either from the Magistrates or Sheriff of Cumberland County on that Subject, His Honour, by the advice of the Members of Council, wrote the following Letters to the Sheriffs of Cumberland, Lancaster and Ches- ter, ordering them to bring the said Frederick Stump and his ser- vant John Ironcutter, forthwith to this City, agreeable to the War- rant of the Chief Justice.
A Letter from the Governor to the Sheriff of Cumberland County. - " PHILADELPHIA, 2d of February, 1768.
" Sir :
" I am altogether at a loss to conceive the reason why you have not e'er this, in obedience to the Chief Justice's Warrant, brought Frederick Stump to Town in order to be examined, or at least de- livered him to the Sheriff of Lancaster. For if in this important matter you shall be found to be delinquent, you may expect to be called to the strictest Account. Whatever reasons may have hitherto induced you to retain the said Stump at Carlisle, you are immediately, upon notice given you by the Sheriff of Lancaster, of the time when he will be ready to receive him, to proceed with him under a proper Guard to the Verge of your County, and there de- liver him into the Custody of the Sheriff of Lancaster County. But in Case you shall have reason to suspect any attempt to rescue the Prisoner, you are to retain him at Carlisle, and give me immediate notice by Express, of the reasons of your Apprehension.
"I am Sir,
" Your most Obedient humble Servant, " JOHN PENN."
P. S. "As Ironcutter, the Servant of Stump, is apprehended as an accomplice with his Master in the Murder of the Indians, he is also to be sent down.
To JOHN HOLMES, Esquire, Sheriff of the County of Cumberland.
A Letter from the Governor to the Sheriff of Lancaster County.
" Sir :
"I send the Bearer Express to the Sheriff of Cumberland, ordering him to deliver forthwith into your Custody the body of Frederick Stump and his Servant, Ironcutter. You are therefore,
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upon the Receipt of this, to give him immediate Notice of the time you will be ready to receive them at the Verge of your County, and upon receipt of the Prisoners, you are to convey them immediately, under a proper Guard, to the Borders of Chester County, where I expect the Sheriff of that County will meet you, in order to receive the Prisoners into his Custody; but if by any Accident the Sheriff of Chester should not meet you at the Verge of that County, you are to lose no time in waiting for him, but are to proceed with the Prisoners directly to this City ; And if you shall have any reasons to suspect an attempt to rescue the Prisoners, you are to retain them in your 'Gaol, and give me Notice by Express of the reasons of such your apprehension.
"I am, Sir, Your most Obedient humble Servant, "JOHN PENN.
" To JAMES WEBB, Jun"., Esquire, Sheriff of the County of Lan- caster."
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A Letter from the Governor to the Sheriff of Chester County.
" PHILADELPHIA, 2d February, 1768. " Sir :
" I inclose you the Copy of a Letter which I send by Express to the Sheriff of Lancaster, respecting the bringing Frederick Stump and his Servant, Ironcutter, charged with a late murder of 10 In- dians, to this City, to be examined by one of the Justices of Oyer and Terminer. You will perceive therein, that he is directed to de- liver the Prisoners into your Custody at the Verge of your County, where I desire you will attend and receive Stump and Ironcutter into your Charge, and immediately bring them under a sufficient Guard to this City.
" As the Time is at present uncertain when the Sheriff at Lan- caster will be down with the Prisoners, I must leave to your dis- cretion the means of settling with him the day you are to meet him, to avoid your being put to the Trouble and Expence of wait- ing unneccessarily at the Borders of the County. Perhaps it might be the most expedient for you to dispatch one of your Deputies to Lancaster, that he may be ready to come Expess to you on the Occasion.
" I am, Sir, " Your most Obedient
humble Servant,
"JOHN PENN.
" To JOHN MORTON, Esquire, Sheriff of the County of Chester."
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PROVINCIAL COUNCIL.
MEMORANDUM, Tuesday 2d February, 1768.
A Committee of two members of Assembly waited on the Gover- nor, and presented him for his Concurrence three Bills, entituled as follows, vizt :
" An Act to continue an Act, entituled ' An Act for laying a duty on Negro and Mulatto Slaves imported into this Province.'"
And another Act entituled a Supplement to " an Act entituled ' An Act for laying a duty on Negroe and Mulatto Slaves imported into this Province.'"
" An Act for raising by way of Lottery the Sum of £5,250 for the purchasing a Public Landing in the Northern Liberties, and paving the Streets of the City of Philadelphia.
The same Members also brought up the Bill for the relief of the Poor, with the following answer of the House to the Governor's amendments thereto, vizt :
1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th. Amendments agreed to by the House.
11, 12. The House adhere to the Bill.
13, 14. Agreed to by the House.
15, 16. The House adhere to the Bill.
17, 18, 19, 20, 21, 22, 23. Agreed to by the House.
By the last Post the Governor received a Letter from his Excel- lency General Gage, dated the 26th Ultimo, which was ordered to be entered on these minutes of Council, and is as follows, viz“:
A Letter to the Governor from his Excellency General Gage. "NEW YORK, January 26th, 1768. " Sir :
" I have been favoured with your Letter of the 21st Instant, with the Deposition of William Blythe, concerning the murther of a Number of Indians, by one Stump, a German. Such an event, at this Juncture, makes me very uneasy for the Consequences that we have Reason to fear will ensue, tho' you have taken every measure in your Power to avert the Resentment of the Indians. If this Villain can be apprehended and brought to Punishment, in pre- sence of some of the Indians of the Tribe to which those who have been killed belonged, they may possibly, with the Addition of a few Presents to their Relations, be Pacified, and the Vigorous measures now taken by your Assembly to remove the Settlers on the Waters of the Monongahela from their Encroachments, must convince the Savages of our sincere desires to do them Justice on all occasions. You will by the Spring be able to Judge in what manner it will be proper to proceed against those Vagrants, and I shall have the Troops in readiness to give you every Assistance that you can require from them.
"I have the Honour to be, with great regard, Sir, "your most Obedient, humble Servant,
" THOS, GAGE.
" Honble. Lt. Gov". PENN."
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Eodem Die, P. M.
An Express arrived from Carlisle, with a Letter to the Governor from John Armstrong, Esquire, dated the 24th Ultimo, which was immediately laid before the Assembly for their perusal, and fol- lows in these words, viz *.:
A Letter to the Governor from John Armstrong, Esquire. "CARLISLE, 24th January, 1768. "May it please your Honour :
" Your Honour's Orders of the 19th Instant, together with the Chief Justices' Warrant, came to hand yesterday afternoon. This most Barbarous Murder, Pregnant as it is with every gloomy ap- pearance, as well to the Publick as to many helpless Families, you very justly conceive of.
"Agreeable to these apprehensions, as soon as the report came here, altho' at second hand I did, with the advice of a number of the Magistrates, write for and immediately send off the Coroner, not only to do his Office, but to use every possible mean, whether by Stratagem or Force, to bring in Frederick Stump and his Servant man, hoping, at the same time, that unless Men were lost to Reflec- tion and the Laws of Society, the thing would not be to do when the Coroner should get there, accordingly, to our great Satisfaction whilst in Obedience to the Orders of Government, we were fixing out the Sheriff, together with William Lyon, James Maxwell, and John Allison, Esquires, who were to have a proper Guard, Stump and his man were brought into this Town about 8 O'Clock, P. M., by Capt William Patterson and about Twenty young Men, Inhabi- tants of Juniata, who did this good Act, and the Sheriff sets out with the Criminals to-morrow morning. I hope the Coroner, who has not yet time to return, nor did the Party meet him, will also be enabled to do his Office. I told him to bury those said to be under the Ice, at least in two Graves, and also sent a Message to Patterson before he came here, provided the Fellows were taken, that if any Indian were in them parts, he should immediately be dispatched to the great Island, or next party of Indians, to assure them that the Gov- ernment would do them Justice; accordingly, he tells me, he has sent one Gershom Hicks, formerly a Prisoner with the Indians, and have also advised, that if a second messenger can be got, he may be sent to shew the particular care your Honour has taken on the oc- casion, but this last I hope may be better effected by Blyth on his Return home, if any Indians there be about him. We have not attempted any formal Examinations here, but the Fellows frankly acknowledge that they were the only perpetrators at both Places, Stump killing nine of the Indians, and the Servant One, but have formed a similar Story, touching the conduct of the Six Indians at
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Stump's House, and the necessity he was under to kill them, which I take to be false. The Report of the Coroner shall be transmitted by the first Opportunity after his return. Sundry Families are fled off of the Susquehanna, near to Stump's, yet I think the Indians will consult before they attempt Hostilities, but am afraid they may strike before any proper state of this matter can be sent them.
"I am your Honour's most Obedient humble Servant, " JOHN ARMSTRONG. " Governor PENN."
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"28th Instant, the Magistrates Letter to the Chief Justice, will shew the Coroners disappointment, as well as that of my own ex- pectations, when I wrote your Honour as above, respecting the speedy removal of the Prisoners to Philadelphia ; We are most sin- cerely anxious and deeply affected why a punctual compliance with your Honour's Orders, and the Warrant of the Chief Justice, in regard of sending Stump to Philadelphia for Examination, &ca., should meet with any appearance of reluctance or disobedience upon our Parts, which is far from facts, but the Truth is humbly rested in your Honour's confidence, that by certain means an Alarm is raised in the Minds of many, touching their Priviledges in this and in any future case, which they alledge would be infringed by this Measure, as they take it for granted, that these Men would not be remanded for Tryal to the County where the Fact was committed, but the whole Process carried through at Philadelphia, and these Opinions and uneasiness I understand, are founded chiefly on the Judgment of some Person supposed to be learned in the Law, so that on the whole, we have not had it in our Power to do otherwise than we have done, without a manifest Risque of complicated Evil, as will more fully appear by the Letter now sent the Chief · Justice ; The Sentiments of the Magistrates expressed in that Let- ter, as they respect the Safety of the Prisoners here, and desire of the People that Justice may be distributed to them, I think you may fully rely on, and also upon any thing in our Power to do in aiding the Sheriff, should the sending down of these unhappy men be thought indispensible; I have not rested from this affair since last Saturday at one O'Clock, and ought now to have been in Town had not these Troubles arose.
" J. A."
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At a Council held at Philadelphia, on Wednesday 3d February, 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters,
William Logan,
Benjamin Chew, Esquires. James Tilghman, S
The Letter from John Armstrong, Esquire, of the 24th Ultimo, was read, and the Governor, by the advice of the Board, returned the following Answer thereto, which was immediately dispatched, with the Letters wrote yesterday to the Sheriffs, by an Express :
" PHILADELPHIA, 3d February, 1768.
" Sir :
" The moment I received your Letters of the 24th and 28th Ultimo, I was sending off an Express to your Sheriff, with positive Orders to bring the Bodies of Frederick Stump and his servant, Ironcutter, to the Verge of your County, and deliver them to the Sheriff of Lancaster, that they may be conveyed forthwith, agreea- ble to the Chief Justice's Warrant, to this City for Examination. I find no reason, from your Letter, to countermand the above Order, and therefore expect that absolute Obedience be paid to it. Time will not, at present, admit of my saying more on this Occa- sion, than that I am astonished at the impertinent insolence of those who have taken upon them to Suggest or even to suppose that the Government or Judges intended to do so illegal an Act as to Try the Prisoners in any other County or place than where the Fact was committed; and that, if the inferior Officers of Government are with Impunity suffered to controul or counteract the Proceedings of their Superiors, there will not only be an end of all Subordination and Order, but of Government itself.
"I am, Sir, your most Obedient, " humble Servant,
" JOHN PENN.
"To JOHN ARMSTRONG, Esquire, at Carlisle."
The Bill for the relief of the Poor, with the Assembly's Answer to the Governor's Amendments, were considered, and the Secretary directed to return the Bill to the House, with the following Reply, viz“ :
" The Governor adheres to his 11th, 12th, 15th, & 16th Amend- ments."
The Bill entituled "An Act to continue An Act entituled ' An Act for laying a Duty on Negroe and Mulatto Slaves imported into this Province,'" was read, and the Board having no Objection thereto, it was ordered to be returned to the House with the Gov- ernor's Assent.
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The Governor laid before the Board a Message he received last Night from the Assembly, which was read, and is as follows, viz' :
A Message to the Governor from the Assembly.
" May it please your Honour :
"We are obliged to you for laying before the House the Accounts you have received relating to the unprovoked Massacre of the In- dians on Middle Creek. The Intelligence you have given us of the Murderers being apprehended, affords us great Satisfaction, but we cannot help being surprized at the Rash and insolent Conduct of some of the inferiour magistrates in Cumberland, (which appears from their own Letters), in Combining to disobey the King's Pro- cess. Instead of permitting the Sheriff to bring down the Offenders to this City, as by the Warrant expressly commanded, they have presumed to commit them to Carlisle Gaol, and thereby prevented his obeying the Precept.
" No motives whatever, we conceive, can Justify or Countenance those Gentlemen in not only thus Superceding the Process of the chief Justice, but acting in open Contempt of your Orders. We, therefore, think it our duty to press your Honour to take the most effectual Measures to enforce an immediate and punctual Obedience to the King's Writ, and to call the Magistrates to account for their extraordinary behaviour, and should they be incapable of giving you Satisfaction in that Point, to remove them from their Offices. Nor do we think the Neglect of Duty in the Sheriff and Coroner of the County, should pass unnoticed, for should such a daring Insult on the Powers of Government be permitted, by those who ought to support them, to go unpunished, or at least unaccounted for, it can- not fail in the end to involve the Province in confusion, and Sub- vert all order and Authority.
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