USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 45
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Besides, it is undoubtedly the soundest Policy to do Justice to the Indians, without which the Government can never, with any Propriety, demand a Satisfaction from them for the Murders we have reason to believe they have lately committed on several of our People ; it therefore behooves the Government to exert itself in a Matter so interesting to the Province, and having done that Right to the Indians which they expect from us, we request your Honour would take the necessary Steps to obtain the like Justice from them for the Outrages they have committed in violation of the Treaties of Friendship subsisting between us.
" We are obliged to the Governor for his Intention 'to take the earliest Opportunity of communicating our Sentiments to his Ex- cellency General Gage and Sir William Johnson,' relative to the Boundary, but at the same time, we beg leave to assure you that we never entertained the least Thought that it was 'owing to those wor- thy Gentlemen, that this Cause of Complaint and Uneasiness in the
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Indians has not been long ago removed.' And we hope there is nothing in our Message that could give you any Reason to sus- pect it. On the contrary, the steady and uniform Attention ever discovered by them to the Peace and Safety of the Colonies, con- vince us that nothing in their Power has been or will be wanting to remove every Foundation of Indian Discontent.
"Signed by Order of the House,
" JOSEPH GALLOWAY, Speaker. " February 5th, 1768."
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Eodem die, P. M.
Two Members of Assembly presented to the Governor a written Message from the House, in the following Words, viz* :
A Message to the Governor from the Assembly.
" May it please your Honour :
"We have taken into our Consideration the Letters laid before us, giving an Account of the Rescue of Frederick Stump and his Servant from the Goal of Cumberland County, who were appre- hended for the Murder of the Indians on Middle Creek. This further audacious Insult on the Authority of the Government, can- not but effect us with the deepest Concern, as it increases the melancholy Prospect of future Insecurity to the Lives and Estates of the People of this Province.
" In order, therefore, to our immediate Deliberation on this im- portant Subject, we request your Honour would be pleased to com- municate to us the Steps you have taken in Consequence of these lawless and riotous Proceedings ; And we assure your Honour, no Aid in the Power of this branch of the Legislature shall be want- ing to enable you to execute the Laws, and restore the sinking Authority of the Government.
1 " Signed by order of the House.
" JOSEPH GALLOWAY, Speaker. " February 5th, 1768."
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At a Council held at Philadelphia, on Monday 8 February, 1768.
PRESENT : 1
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
James Hamilton, Lynford Lardner,
William Logan,
Richard Penn, Esquires.
Benjamin Chew, James Tilghman,
The Consideration of the Lottery Bill was resumed, and the Board advised the Governor to amend the same by Naming two Persons as Managers, in Addition to those mentioned in the Bill, as well to preserve his right of a share in the Nomination of Officers appointed by Law, as because it was judged that the Number of Managers Named in the Bill is too small. The said Amendment was accordingly made by inserting the Names of John Gibson and Thomas Bond, Junior, and ordered to be sent to the House with the Bill.
The Assembly's first Message of the 5th Instant, was then read and taken into Consideration, and a Draught of an Answer thereto having been prepared, was laid before the Board, which, after some Alterations, was approved, and ordered to be transcribed, and carried to the House. The said Message follows in these words, viz":
A Message from the Governor to the Assembly.
"Gentlemen :
"From a Sense of the great Inconvenience attending Differences between the Branches of a Legislative Body, I have, ever since I had the Honour to preside in this Government, carefully avoided doing any thing to interrupt a good Understanding with the As- semblies of this Province; And it is not without great Concern, Gentlemen, I am now reduced to the Necessity of telling you, that the Strain of your Message of the 5th Instant is not only indecent and unbecoming, but indicates a spirit prevailing among you very ill suited to the present critical Situation of our public Affairs, which particularly demands Unanimity in our Councils, and the joint Exercise of the greatest Wisdom and Prudence.
"The averting an Indian War, and the sad Effects of it, were agreed to be our Principal Object at the opening of this Session. I laid before you the Causes of Indian Discontents, communicated to me by Letters from His Excellency General Gage and Sir Wil- liam Johnson, in order that adequate legal Remedies might be applied to remove them.
" The two only Causes of Complaint I find mentioned in these Letters, are the Intrusion of our People on the Indian Lands, 'not
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only without their Consent, but in Contradiction to their warmest Remonstrances, and the Endeavours that have been used to remove them, and the Insults and Hostile Acts they have received from the Frontier People, chiefly from those of Virginia.' Yet not content with the Causes pointed out by those Gentlemen, who are certainly best acquainted with Indian Affairs, you proceeded, it seems, to in- vestigate others. I would charitably hope that these Inquiries were not taken up, rather with a View to distract our Councils than to remove the present Causes of Indian Dissatisfactions.
"The murder of the Indians at Lancaster, in the Year 1763, (of which no Man has a greater Detestation than myself) was insisted on in your Message of the 13th of January as one of the principal Causes of the present Discontent among the Indians. I must confess I am at a loss to conjecture on what Intelligence you found your Opinion in this particular, but this I well know, that the six Nations, upon Sir William Johnson's laying before and explaining to them this Affair at my Request in the Year 1764, were so far satisfyed, that they received Belts from him on the occasion, and suffered him to cover the Graves of their deceased Brethren accor- ding to their Custom, since which I have never heard that they have expressed any Dissatisfaction to him on that Account; Ta- king it for granted, however, that this is one Cause of Indian complaint, you go on in your Message to advise my ordering speedy and dili- gent Inquisition to be made after those Murderers, from an opinion that the present Tranquility of the Province afforded a more fa- vourable opportunity of discovering and bringing them to Justice than the Tumultuous State of it at the Time of the Transaction ; Before I could answer that Message I received the Melancholy Ti- dings of the murder of the Indians on Middle Creek, committed by Frederick Stump and his Servant, the 10th of January; This last inhuman Butchery, perpetrated at a Time when the minds of the Indians were already inflamed with the Injuries complained of in the above Letters, appeared very likely to be attended with immediate Acts of Hostility on their part ; My Duty, therefore, required that I should give that speedy and close attention to this unhappy Case which so important a matter demanded, to avert, if possible, the impend- ing Mischief; and I contented myself with returning a short An- swer to your first Message, letting you know in general what steps I had taken to discover and bring to Justice those who had been concerned in the Lancaster Murders. The late audacious Rescue of Stump and his Servant, has involved us in new difficulties and" Distress. Yet, in the midst of my Solicitude on these interesting Matters, and whilst I am earnestly engaged in taking the best' mea- sures my own judgment or that of my Council can suggest, to ex- tricate the Public from these accumulated Evils, and to regain the Prisoners, which is most certainly the first Object and principal Concern, I am, it seems, called upon by you, in a Manner the most extraordinary, to vindicate myself, and as it were, arraigned
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by you for neglecting the Duties of my Station, relative to the Murders committed upwards of four Years ago, And you again press upon me the issuing new Proclamations, offering higher rewards for apprehending the Authors of them.
This Conduct of yours in my Opinion, Gentlemen, is not less un- kind and indecent towards me, than imprudent with respect to our present Pursuit, for Reasons which must occur to you on cool and dispassionate reflection, though they are such as are altogether im- proper to be made public at this particular Juncture. From Mo- tives founded on the Public good, I was induced to defer the giving you an immediate Answer to the Requisition made with re- gard to the Renewal of Inquiries after the Perpetrators of the Lan- caster Murder, and indeed to Postpone at last the Consideration of that Matter to a more proper Season.
" Should what I have said remove any Prejudices you may too precipitately have taken up against me in the Course of this Ses- sions, it will give me Pleasure. Be that as it may, Gentlemen, I shall have that satisfaction which attends every man conscious of his own Integrity and good Intentions. I shall be glad of your Advice and Assistance whenever the Public Interest and the Exi- gency of Affairs require it, but at the same time I shall expect that you will not dictate to me in Matters which relate to the Ex- ecutive Powers of Government.
"February 8th, 1768."
"JOHN PENN.
A Committee of two Members of Assembly presented to the Governor a Bill sent up by the House for his Concurrence, enti- tuled "An Act for appropriating a Sum of Money for building the Middle House on the West side of the Barracks, in the Northern Liberties of the City of Philadelphia," which was read, and there being no Objection made to it, was ordered to be returned to the House with the Governor's Assent.
The Governor, agreeable to the Request of the Assembly, made in their Message of the 5th Instant, directed the Secretary to make out Copies of his Letters of the 2d Instant, to the Sheriffs of Cum- berland, Lancaster, and Chester, and of the 3d and 4th Instants to John Armstrong, Esquire, containing the Steps he had thought ex- pedient to be pursued for the Regaining the Possession of Stump and Ironcutter, and to lay the same before the Assembly for their Perusal.
Thursday 11th of February, 6 o'Clock, P. M.
An Express returned from Carlisle with Letters to the Governor from John Armstrong, Esquire, and Mr. Holmes, the Sheriff of
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Cumberland, dated the 7th Instant, which were ordered to be en- tered on these Minutes, and are as follow, viz':
A Letter to the Governor from John Armstrong, Esquire.
" CARLISLE, 7th February, 1768. " May it please your Honour :
" Last Night your Honour's favour of the 3d Instant, by Apty. Express, came to hand; whereby I see you had not received my last on the taking of Stump and his Servant out of this Goal by Violence.
" I shall not spend your Honour's time in shewing the several methods that have since been taken to have these Men delivered back to the Custody of the Sheriff, as he, no doubt, will do that by the return of your Express, nor can I fully express the distraction of Mind, and uneasiness I have, with many others here, at this piece of Outrage and disregard of lawful Authority, directly calculated to awaken the Shame of our best Friends, and upon a poor unfortunate County, the just resentment of the Government, and Penalties of the Law ; And yet, shall I presume so far on your Honour's known Candour, as expect to be believed, when I assure you that after the closest examination I have been able to make, even the ignorant and giddy Crowd who have committed this hasty, flagrant violation of the established Course of Justice, have done it under the In- fluence of a mistaken Apprehension of the intentions of carrying Stump to Philadelphia, together with a few Particular matters that the more orderly and sedate among them, as well as their young People, deeply lament, and complain of, as bearing hard on them in their exposed Situation.
" They tell us that the Government always manifest a greater concern at the killing or Death of an Indian than at the Death or killing of any of them ; that the Indians first break the Peace, and have, since the last Establishment thereof, killed a considerable Number of Pennsylvanians, at different Times and Places, and that no lamentation has been made, nor exertion of the Powers of Gov- ernment, to bring those Savage Butchers (as they call them) to account for this dangerous and bloody Conduct, whereby, they say, that some of the Frontier People will always be exposed to suffer the same Fate, and that their Wives and Children must be threat- ened and insulted by Indians, and that a number of them must receive the fatal Blow before they dare say it is War, with sundry other Complaints of this sort. All these things have been reasoned against to the uttermost of our Power, in order to appease these piteous and distracted People, as well as to convince them that those Mat- ters have no Connexion with the Conduct of such of their young Men as have in this Instance opposed themselves to lawful au- thority, and to the Divine Author of it, but that the precipitate and illegal behaviour of these is directly calculated to prevent them
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the benefit of that seasonable Protection and Relief they have always a right to expect, when their Aggrievances are dutifully represented.
" That the Sheriff and Magistrates here had sufficient Reason to fear a rescue of the Prisoners, and other mischievous consequences on the Road, had they been sent off when we apprehended the River to have been passable, is beyond all doubt ; for it is a matter of great Surprize with what rapidity, and to what Extent this wild Spirit of Jealousy was carried abroad, and how many different Parties, as well out of this County as in it, were all intending the same Thing, namely : to prevent the Prisoners being carried to Philadelphia for Tryal, as their mistake led them to believe, notwithstanding we had not the least Suspicion that any would attempt to take them out of the County Goal, which they say they would by no means have done, but that they imagined we would Convey them off secretly by Night.
" These Madmen, however, keep Stump and his Servant confined somewhere beyond the Mountains, but at what particular Place we have not yet heard, but think they are not yet out of Sherman's Valley, from whence we have still expectations of having them de- livered back to the Sheriff. 'Tis but natural for such as know not our unhappy Circumstances, to believe that the severest Measures ought, before this time, to have been taken, but permit me to as- sure Your Honour that none other than what has been taken, and what we are still engaged in, could yet have been attempted by us with any probability of Success.
" Whilst this Letter lay unsealed, I was favoured with your Hon- our's very agreeable Instructions of the 4th Instant, which, though more mild than these Offenders had any reason to expect, yet per- fectly adapted to the present Circumstances, and will, very pro- bably, produce the desired effect. I intend to set out to-Morrow Morning to cross the Mountains, and shall detain the second Ex- press, in order to carry down the Answer I shall receive from those Persons who at present detain Stump and his Servant, and am
" Your Honour's faithful " and most humble Servant, "JOHN ARMSTRONG.
" Governor PENN."
A Letter to the Governor from Mr. Holmes, the Sheriff of Cumber- land Co'ty.
" CARLISLE, 7th Feby., 1768.
" Please Your Honour :
" Tho' I am very certain you will receive full Intelligence of the affair of Frederick Stump before this can reach you, yet as my Con- duct and Character are so much concerned, I pray your Honour
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to received the following plain state of the Case, as all the vindica - tion I can offer of my Conduct.
" James Galbraith, Esquire, brought to Carlisle and delivered to me the Chief Justice's Warrant, on Saturday the twenty-third of January. Immediately on the Receipt thereof, I summoned a Guard to attend me next day to go in quest of Stump, but that very Evening, Captain Patterson brought him with his Servant and delivered them to me. Next day I summoned a Guard to sett off with the Prisoners on Monday Morning, and accordingly my Guard attended at the Goal early, and I was just ready to set off in Obe- dience to the Chief Justice's Warrant, having the same Morning received a Letter from the Sheriff of Lancaster, who waited for me at John Harris's; Colonel Armstrong sent for me, and told me they had concluded to keep Stump and not to send him down. I alledged to him I was not obliged to obey any Orders of any Magistrate in Cumberland County, as I had the Chief Justice's Warrant to the contrary. But he insisted I should not take him off, but discharge my Guard, which I absolutely refused, whereupon the Colonel went to Goal and discharged my Guard, brought up the Prisoner, ex- amined him, and by mittimus, committed him, and wrote to some other Justices to attend in Carlisle on Wednesday. On Wednes- day, while said Justices were sitting in Council, a large Party, under Arms, came very near Carlisle and sent in Messengers to the Magistrates and me, Claiming that the Prisoners should be well used, and not sent to Philadelphia. Being Satisfied that they were properly used, and having been told that he was committed to our Goal, they dispersed. The Magistrates wrote a full Account to the Chief Justice, and I made free to acquaint him that I was ready to execute his Orders if he thought proper to call for the Prisoners ; being persuaded now we should meet with no farther Trouble from the Country, but on Friday the 29th, another large body of Armed Men, thought to be mostly the former, joined with a Party from Sheerman's Valley, on a sudden rushed into Town, and Marched up to the Goal, having sent a few without Arms, to appearance, before them, who went into Goal, and when the Company came up, seized the Prison, making the Goaler and his Family Prisoners. We laboured with the arm- ed Men to disperse, to offer no Violence, not Dreaming that any had got into the Prison, when unexpectedly they brought out Stump and made off. Mr. Steel at my Request followed to the Creck, about two miles from Town, but laboured with them in vain. On Sunday I called a Posse and set off early on Monday into Sheerman's Valley. Several Magistrates and most of the Principal Inhabitants of Carlisle and in the Country attended, but we neither could find out where they had concealed Stump, nor by any Arguments prevail with them to deliver him to us. Since this they wrote me, that they had concluded not to deliver him up, unless the Governor, Mr. Allen and other Gentlemen of note would oblige themselves that ' Stump should not be taken out of the County.
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" Please your Honour, I have given a plain and true Account of the Affair, and pray that I may not be considered as designing or acting in disobedience to the Chief Justice's Warrant, as I am per- suaded your Honour will plainly see. I purpose to set off into Sheer- man's Valley again to Morrow, and do what lies in my Power to have the Prisoners delivered up, tho' I fear that Infatuated People will pay very little Regard to any Endeavours.
" I am, Your Honour's Most
" Obedient humble Servant, "JOHN HOLMES.
"To the Honble JOHN PENN, Esq", Lieut" Governor, &ca., in Philadelphia."
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Friday Morning.
The Governor sent Colonel Armstrong's Letter of the 7th Instant to the Assembly for their Perusal.
At a Council held at Philadelphia, on Tuesday the 16th of Feb- ruary, 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan, James Tilghman, - Esquires.
Richard Peters,
Benjamin Chew,
Lynford Lardner,
The Governor laid before the Board two Bills sent up by the Assembly this Morning for His Honour's Concurrence, entituled "An Act for Regulating the Fishery in the River Brandywine," and "An Act for raising and applying the Sum of Three thousand Pounds towards removing the present discontent of the Indians, regaining their Friendship, and for other purposes therein mentioned," and a written Message accompanying the latter, which was read, and is as follows in these Words, viz" :
A Message to the Governor from the Assembly.
" May it please your Honour :
"The House, anxiously desirous of doing every thing in their Power to remove the present discontent of the Indians, and if pos- sible to prevent a War with them, have prepared a Bill for raising the Sum of Three Thousand Pounds for the Purposes therein men- tioned, among which the principal one is for defraying the Expence VOL. IX .- 30.
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of Presents of Condolance for the Number of Indians who have been killed within this Province, and other Gifts for removing their Discontent and regaining their Friendship. From the calculation, at the Time of forming the Bill, we supposed a Sum not exceeding Two Thousand five hundred Pounds might answer these Pur- poses.
" We are informed a General Treaty is shortly to be held with these People by the Honourable Sir William Johnston, in the In- dian Country, at which Time we could wish these Presents might be given, and the proper Endeavours used to pacify and reconcile them to this Province. We, therefore, think, should your Honour con- cur in Opinion with us in this important Matter, that no Time should be lost in communicating our Resolution to that Gentleman.
"It would give us pleasure would the Time between this and the Treaty admit of transmitting him the Money, and sending Com- missioners to attend it, if both were done; And should he advise you, upon Request made by your Honour, of the Practicability of the Measure, we think it would be right and necessary ; But other- wise we have so perfect a Confidence in that Gentleman's good Dis- position towards this Province, and great Knowledge in Indian Af- fairs, that we have no Doubt but he will do everything on the best Terms that is necessary in making those Gifts and Presents, and reconciling, as far as in his Power, the Natives to their former Alliance and Friendship with the Government, as the Money will be in the Hands of your Honour and the Commissioners named in the Bill to repay the Sum he may expend in this necessary Busi- ness.
"Signed by Order of the House, JOSEPH GALLOWAY, Speaker.
"February 15th, 1768."
The said Bills were read, considered, and agreed to, and ordered to be returned to the House with the Governor's Assent. The fol- lowing Message was also drawn up and approved, and the Secretary was directed to deliver the same, with the Bill for raising and applying £3,000, &cª.
A Message from the Governor to the Assembly.
" Gentlemen :
"I return you the Bill sent up to me this Morning, entituled "An Act for raising and applying the Sum of Three Thousand Pounds, &cª.," for the Purposes therein mentioned, which I am wil- ling to Pass into a Law immediately, as I think no Time should be lost in communicating to Sir William Johnson, by Express, the Measures we have agreed on for conciliating the Affections of the Indians at the Treaty it is said he is soon to hold with them.
" JOHN PENN.
" February 16th, 1768."
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At a Council held at Philadelphia on Wednesday 17th February, 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan,
Richard Peters,.
Joseph Turner,
Benjamin Chew,
Esquires.
Lynford Lardner,
" The Assembly's Message of the 15 Instant was again read, and the Measures thought proper to be pursued by the Governor with respect to the Presents of Condolance, thought necessary to be made to the Indians at the ensuing Treaty to be held by Sir William Johnson, was fully considered, and the Board advised the Governor to write to Sir William Johnson by Express, acquainting him with his passing the Law for raising and applying a Sum of Money in presents of Condolance to the Indians, for removing their present uneasinesses and preserving their Friendship, and also re- questing him to distribute among the Indians such a part of the said Sum in Presents agreeable to the Law and the Intentions of the Assembly, in the best manner in his Power ; so as to answer the Ends proposed ; and at the same time informing Sir William of the Design of the Government to send Commissioners to attend the Treaty, if he should be of Opinion that the Time before the holding the Treaty would admit of it.
Council Chamber, Eodem Die, 12 o'Clock.
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