USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 47
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" In order, however, to divert us from examining into this Cause of Indian Complaint, and from pressing you to put the Laws in Ex- ecution against the Offenders, you inform us ' that the Six Nations, upon Sir William Johnson's laying before them and explaining to them this Affair, at your Request, in the Year 1764, were so far satisfied that they received Belts from Him on the Occasion, and suffered him to cover the Graves of their deceased Brethren.' And can your Honour believe that such uncommon Injuries can be attoned for, and the Resentment of the Indians so easily eradi- cated ? Under these Circumstances we are at a loss to conjecture upon what Motives you act when you attempt to persuade us that ' the Barbarity exercised on the unhappy Conestoga In- dians, was not ' One of the Causes of the Indian Discontent.' We would charitably hope that this Measure was not taken up rather with a view to cast a Veil over the inexcusable Conduct of the Magistracy under your Superintendance, and to avoid a speedy and diligent Inquisition after the Murderers, than to restore the lost Authority and Dignity of the Government. But indeed the bad Policy of treating such important Matters with Neglect, or very little Regard, appears now fatally evident, as it is too clear to be denied that those Murders, of which so little Notice has been taken, are one
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of the Causes which threaten the Colonies with an Indian War; And we must say that the situation of the Province, in our Apprehen- sion, is truly most deplorable, when the late Murders in the Coun- ty of Cumberland can 'involve' you in such 'Difficulties' as to render it necessary to Postpone to 'a more proper Season,' a Matter of equal if not greater Importance to the Safety of the Colony. The proper Time for punishing Offenders is as soon as possible after the offence is committed ; every neglect or delay does but encou- rage them and others to the Perpetration of the like or other Crimes. And as those offenders have too long already eluded the hands of Justice, no ' season' in our Opinion, can be more ' proper,' than that which demands their Conviction, to avert the impending Ca- lamities of a general Rupture with the Indians.
You are further pleased to alledge that ' you are called upon by us in a manner the most extraordinary, to vindicate yourself, and as it were, arraigned by us for neglecting the Duties of your Station relative to Murders committed upwards of four Years ago.' We do not pretend to 'Dictate' or to have any Power over your Hon- our, but we conceive we have a Right, as the Representatives of the Freemen of this Province, to enquire into every Cause which threatens the Public Safety, to point out the Failures in the Ad- ministration of Justice, to advise and request you would enforce a due Execution of the Laws, and make Examples of the Delinquent Officers ; and we think it is also our Right to know how far those reasonable Requests are complied with. And should we observe any Omission or Neglect in a Governor, which is likely to bring the Authority of Government into Contempt, and thereby to en- danger the Lives of His Majesty's Subjects, We cannot but think we ought, with Plainness, Firmness, and Resolution, to remonstrate against such Omissions or Neglects; For your Honour will be pleased to consider, that herein the Lives, Estates, and every thing the People of this Province hold dear and valuable, are intimately concerned, and if we were, as idle spectators, to see the Province we represent precipitating into a State of Anarchy with all its attend- ant mischiefs, we should be not only chargeable with a Breach of Duty to the Crown, but the People we represent.
But why your Honour mentions the time since those offences were committed, we cannot conceive. Was it to persuade us that the Punishment of Murder would be now out of 'Season' ?- These Criminals you acknowledge, have eluded the force of our Laws upwards of 'four years,' and yet, many of them remain in the Province and may be easily discovered and apprehended. As distressing as this consideration must be to every sober Inhabitant, it is greatly aggravated by the Number of Crimes of the same Na- ture since comitted. Will your Honour permit us to place them in one view before you, that the dangerous effects of delaying Jus- tice in Government may fully appear and incite you to do your Duty ? In the year 1763, the cruel Massacres of Twenty Indians,
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chiefly of the Six Nations, were perpetrated at Conestogo and Lan- caster. In the same year a Delaware Chief met with the same Fate between Sherman's Valley and Juniata. In 1765, a Chief of the Six Nations was murdered near Bedford. In the year 1766, a principal Warrior of the Delawares was killed between Red-Stone Creek and Cheat River; and three Delaware Chiefs were Robbed and Murdered near Fort Pitt by two Inhabitants of this Province. An Indian was lately murthered in Northampton County ; besides the late Barbarity committed by Frederick Stump and his ser- vant on ten Indians on Middle Creek. And not one of those Murderers have been brought to Punishment. The last men- tioned have indeed been apprehended thro' the virtuous Ac- tivity of Cap". William Patterson, aided by a few of his neigh- bors, without any Authority from the Magistracy. But, when taken into Custody by the Sheriff, under the Chief Justices' Warrant, and ready to be brought by a Guard to this City for Ex- amination, did not two of the inferiour Magistrates insolently pre- sume to supersede the Power of that Warrant, and commit the Pri- soners by their own Authority to the County Goal, and one of them to discharge the Guard raised by the Sheriff, thereby affording an Opportunity to the lawless part of the County of rescuing them. This Rescue has since taken place by a Number of Armed Men ; And not a single Offender apprehended that we have heard of, tho' many of them are well known and residing in the County. Where can these things terminate but in Tumults and a Total Abolition of the Powers of Government ? For, can we reasonably expect that those avowed violators of the Faith of Treaties and the Laws of God and their Country will stop here, and not exercise the same Acts of inhumanity on the good People of the Province ? Their Numbers and Connections are continually encreasing by the Perpe- tration of new Offences, and fresh Difficulties occurring with them to oppose the Execution of the Laws, while the Powers of Govern- ment, which ought in all good Policy to check the growth of Crimes in their Bud, are either not exercised at all, or with so little Effect as to incite neither Fear or Respect.
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" But our pressing these Matters on your Honour, you are pleased to Term 'no less unkind and Indecent towards you, than impru- dent with respect to our present Pursuit, for Reasons which must occur to us on cool and dispassionate Reflection, though they are altogether improper to be made public at this particular Juncture.' We trust, that after so full an Explanation of our Motives as is mentioned in this Message, you will readily alter your Sentiments with respect to the Indecency of our Conduct. And as to the 'im- prudence' of the Measure, though we have 'coolly and dispassion- ately' sought for the Reasons which you say 'must occur to us,' we assure you we are at a Loss to discover them, unless they arise from an Apprehension in your Honour that it is impracticable under the present debilitated Administration of Government, to Punish the Authors of Crimes committed at different Periods.
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"You are pleased to tell us that you 'contented yourself with re- turning a short Answer to our first Message, letting us know what Steps you had taken to discover and bring to Justice those who had been concerned in the Lancaster Murders.' Your Answer was in- deed short, but truly alarming to Us. The very extraordinary De- claration made in that Message, that, 'in your Station you conceived nothing more can be done without doing an Act of Violence to the Constitution,' afforded us a Melancholy Prospect of future Inse- curity. And, as it seems nothing more can be done in Your Opin- ion, by the Supream Magistrate of Pennsylvania, towards bringing the most Capital Offenders to Justice, 'than writing a few Letters to the Inferiour Officers (who have contumaciously disobeyed them), and issuing a Proclamation, which has been treated with the utmost Indignity, every Impartial Person must be convinced that the Pow- ers of Government, vested in thee feeble Hands of a Proprietary Governor, are too weak to support Order in the Province, or give Safety to the People.
"JOSEPH GALLOWAY, Speaker."
This Afternoon an Express brought a Letter from a Chief of the Indians at the Great Island, to Captain William Patterson, in An- swer to his Message sent them the 22d of last month, and is as fol- lows, Viz *:
"February 17th, 1768.
" Loving Brother :
" I received your Speech by Gershom Hicks, and have sent one of my Relations to you with a String of Wampum, and the follow- ing Answer :
" Loving Brother :
"I am glad to hear from you; I understand that you are very much grieved, and that the Tears run from your Eyes. With both my Hands I now wipe away those Tears; and, as I don't doubt but your Heart is disturbed, I remove all the Sorrow from it, and make it as easy as before; I will now sit down and Smoak my Pipe. I have taken fast hold of the Chain of Friendship, and when I give it a Pull, if I find my Brothers, the English, have let it go, it will then be Time for me to let go, too, and take care of my family. There are four of my' Relations Murdered by Stump, and all I de- sire is, that he may suffer for his wicked Action ; I shall then think that Your People have the same Goodness in their Hearts as for- merly, and intend to keep it there. As it was the Evil Spirit who caused Stump to commit this bad Action, I blame none of my Brothers, the English, but him.
"I desire that the People of Juniata may sit still on their Places, and not put themselves to any Hardships by leaving their
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Habitations, whenever Danger is coming, they shall know it before it comes on them.
" I am your Loving Brother,
"SHAWANA BEN.
"To Captain WILLIAM PATTERSON."
At a Council held at Philadelphia on Wednesday 24th Feb'", 1768.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan, 3 James Tilghman, 5 Esquires.
The Governor having considered the Necessity of taking imme- diate Measures for the removal of the Settlers on the Indian Lands, pursuant to the Law lately passed for that Purpose, and desired that a Proclamation might be prepared agreeable thereto, the Draught of one was laid before the Board and approved, and 250 Copies thereof were ordered to be Printed without delay.
"In was then agreed that the Reverend Mr. John Steel, John Allison, Christopher Lemes, Esquires, and Captain James Potter, of Cumberland County, should be requested to go to the Mongahela, Youghiogeny, and other Places Westward of the Allegheny Moun- tains, where any Settlements are made within this Province, and to set up a Number of the Said Proclamations in the most public Places of those Settlements, and to Read and explain the same to the. People, and to use their best endeavours to induce them to pay due- Obedience thereto. A Letter of Instructions was accordingly drawn up and approved, and the same was directed to be sent by Express to those Gentlemen, together with a Number of the Proc -- lamations, and Sixty Pounds in Cash towards defraying the Ex- pences of their Journey. The Proclamation and Letter follow in these Words, vize :
" By the Honourable JOHN PENN, Esquire, Lieutenant Gover -. nor and Commander-in-Chief of the Province of Pennsylvania and Counties of New-Castle, Kent, and Sussex, on Delaware.
"A PROCLAMATION.
"WHEREAS, by an Act of General Assembly of this Province, passed in this present year, it is, among other things, provided and enacted, that if any Person or Persons, settled upon any Lands : within the Boundaries of this Province, not purchased of the In- dians by the Proprietaries thereof, shall neglect or refuse to remove themselves and Families off and from the same Lands, within the . VOL. IX .- 31.
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space of Thirty Days after he or they shall be required so to do, either by such Persons, as the Governor of this Province shall ap- point for that Purpose, or by his Proclamations to be set up in the most Public Places of the Settlements on such unpurchased Lands, or if any Person or Persons being so removed, shall afterward re- turn to his or their Settlements, or the Settlement of any other Person, with his or their Family, or without any Family, to remain and settle on such Lands, or if any Person shall, after the said No- tice to be given as aforesaid, reside and settle on such Lands, every such Person and Persons so neglecting or refusing to move with his or their Family, or returning to settle as aforesaid, or that shall settle on any such Lands, after the Requisition or Notice aforesaid, being thereof legally convicted by their own Confession, or the Verdict of a Jury, shall suffer Death without the Benefit of Clergy. Provided always nevertheless, that nothing herein contained shall be deemed or construed to extend to any Person or Persons, who now are, or hereafter may be settled on the main Roads or Com- munications leading through this Province to Fort Pitt, under the Approbation and Permission of the Commander-in-Chief of His Majesty's Forces in North America, or of the Chief Officer com- manding in the Western District to the Ohio, for the Time being, for the more convenient Accommodation of the Soldiery and oth- ers; or to such Person or Persons as are, or shall be, settled in the Neighborhood of Fort Pitt, under the Approbation and Per- mission, or to a Settlement made by George Croghan, Esquire, Deputy Superintendant of Indian Affairs, under Sir William Johnson, on the Ohio above the said Fort, any thing herein con- tained to the contrary in any wise notwithstanding. In Pursuance, therefore, of the said Act, I have thought proper, by the Advice of the Council, to issue this my Proclamation, hereby giving Notice to all and every such Person and Persons who are settled upon any Lands within the Boundaries of this Province not purchased of the Indians by the Proprietaries thereof, (except as in the said Act is excepted) to remove themselves and their Families off and from the said Lands, on or before the first Day of May next ensu- ing ; And I do hereby strictly charge and command such Person and Persons, under the Pains and Penalties by the said Act im- posed, that they do not, on any Pretence whatever, remain or con- tinue on the said Lands longer than Thirty Days after the said first Day of May next.
" Given under my Hand and the Great Seal of the said Province, at Philadelphia, the Twenty-fourth Day of February, in the Year of Our Lord, One Thousand seven hundred and sixty-eight, and in the Eighth Year of His Majesty's Reign.
"JOHN PENN."
" By His Honour's Command.
" JOSEPH SHIPPEN, Junior, Secretary. "GOD SAVE THE KING."
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A Letter from the Governor to the Reverend Mr. John Steel, John Allison, and Christopher Lemes, Esquires, and Captain James Potter,
" PHILADELPHIA, 24th February, 1768.
" Gentlemen :
" As there has lately been made a Law for removing the Persons who have settled upon the Lands of the Indians within the Bounds of this Province, as yet unpurchased by the Proprietaries, by the Terms of which they are to be required by Proclamations, or otherwise, to depart from their Settlements; And as it is proper that this part of the Law should be carried into Execution by Persons of influ- ence and Discretion, I am to request you to take the burden of that Service upon you.
" You will herewith receive a number of Proclamations issued in Pursuance of that Act of Assembly. With these, you, or any three of you, are desired to proceed with all possible Expedition to the Settlements made within this Province on Red Stone Creek, the Monongahela and Youghiogeny, and other parts of the unpurchased Lands to the Westward beyond the Allegheny Mountains ; you are at Liberty to take in Company with you such two or three discreet and fit Persons as you think proper, one of them to be a Clergy- man, (if such an one can be prevailed on to attend you). When you arrive at the Settlements, you are to collect together as many People of each of the Settlements as you can, to whom you are to read the Proclamation's and explain the Nature of them, and to ex- postulate with them upon the Folly and injustice of their settling upon the Indian Lands, the dangerous Tendency of such a rash Step, both to themselves and other Settlers upon the Frontiers, the necessity and use of Civil Government, the Obligation of Laws in General, and the Consequences of their disobeying the Law now made on purpose to remove them. You are afterwards to set up in the most public places of each Settlement several of the Procla- mations ; and to leave others of the Proclamations in the hands of such of the Settlers as you may think proper. You are also to dis- perse them at all public Places on the Road. You are desired to learn in the most prudent manner, the Names of as many of the Settlers as you can, and to take an Account of them, and to keep an exact Journal of your Proceedings in this Service, and to report the same to me in Writing, immediately upon your return, with an Account of your Expences, and those of the Persons who shall at- tend you, which will be paid, together with a reasonable Satisfac- tion for your Trouble, towards defraying which Expences you will receive the Sum of Sixty Pounds by this Opportunity. I am with great Respect,
" Gentlemen, Your most Obedient " humble Servant,
" JOHN PENN.
" To the Revd. Mr. John Steel, John Allison, & Christopher Lemes, Esq", and Captain James Potter, Cumberland County.
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Then was Read a Letter which the Governor had just received from Major General Gage, of the 20th Instant, which is as follows, viz·‘:
March the 1st, 7 o'Clock P. M.
An Express arrived with a Letter to the Governor from John Armstrong, Esquire, at Carlisle, which was ordered to be entered on these Minutes, and is as follows, vizt:
A Letter to the Governor from John Armstrong, Esquire.
" CARLISLE, 26th of February, 1768.
" May it please Your Honour :
" I thank your Honour for your favour of the 20th Instant, which came to hand at the same time as your last general Letter to the Magistrates of this County, and also for the Liberty you are pleased to grant me of going to Philadelphia for the Justification of my Conduct, in regard to that opposition to the Chief Justice's War- rant with which I am charged, in the Case of Frederick Stump, and shall accordingly wait of your Honour as soon as I possibly can.
" The less therefore is at this time necessary to be said, having lately sent a State of that Matter to the Chief Justice, which I ex- pect he will produce to your Honour. Had I on that occasion been conscious of disobedience or injury to the Public, it is not very likely I should have wrote you in the Manner I did, and in so many different Letters, have always neglected even the least labour to Justify myself. I knew my own innocence and never imagined that any Person would even suggest the contrary, or that my Conduct · could be plac'd to your Honour in that point of Light in which it now appears to stand, for however directly or otherwise any may have wrote or spoken to my disadvantage, or however mistaken I might by any means have been, yet an Act so unnatural as that of voluntary disobedience, either to your Orders, or the Chief Justice's Warrant, I beg leave to say, is at least highly improbable, unless I were known to be actuated by Principles equally opposed to virtue and my own Interest.
" The Letters I wrote were never intended to palliate the Crime of the lawless Mob who rescued the Prisoners, but readily confess that at that Time I had strong expectations they would be returned, which led me to mention these things that your Honour now con- strues to be against me. T'is very true I was desirous that the impending Resentment of the Government might be mitigated, had they returned the Prisoners, but this desire arose from very differ- ent Motives than barely to cover their Crimes ; my Principal in- tention was to acquaint your Honour more generally of the prevailing Temper and Sentiments of the People, which I conceived necessary that you should know, and therefore incumbent upon me to relate.
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" The anxiety and public Concern I have had on the present oc- casion has at least been considerable ; but your Honour's Concep- tions of my conduct have added a compleat supplement. However, as by the utmost exertion of my Capacity I find myself still una- ble to render that satisfaction for which I have faithfully laboured, Duty obliges me to rest in one comprehensive Wish. The Will of God be done.
" As soon as the breaking up of the River would admit a Passage, I did not fail of having conveyed for your information all I then had heard-but deferred sending another Express untill the utmost intelligence would be had, from which it is now evident that Stump and Ironcutter are both set at Liberty. The former it's said went first to the Parts where he had lived-thence proceeded to his Fath- ers in Tulpahawka, in which neighborhood 'tis alledged he yet re- mains. That his Friends are toask advice of some able Councellor in the Law, to know whether there is a good Prospect of his safety,and should the answer be agreeable, that he may be expected to deliver himself up in the month of April, otherwise is determined to flee somewhere, and most probably I should think in some part of Vir- ginia. Ironcutter it's said was carried off by a German, supposed to be from Tulpahawka, but I think it natural to suppose that Stump and he will both repair to some back part of Virginia, if they are not already gone. I shall not insert the Reasons Assigned by the Rioters for their aggravated Guilt in dismissing Ironcutter also, the grand Reason being now evident-unwillingness that White Men should be brought to the Risque of Life for Killing Indians at this time, when War is expected.
"I herewith send a Copy of the proceedings of the Magistrates on receipt of Your Honour's Orders of the 20th Instant, and had intended their Meeting on the 25th, in consequence of former Or- ders. We have got Testimony against 21 of those that committed the Rescue, including the Ring-leaders, as we suppose, and have already issued a Number of Warrants. I design this by Express, but, if disappointed, by the first safe hand, and am, Sir,
" Your most Obedient " humble servant, "JOHN ARMSTRONG.
" Governor PENN."
March the 3d.
The Express sent to the Reverend Mr. Steel on the 24th Ultimo, being returned, delivered to the Governor a Letter from the said Gentleman, with two others from a number of the Justices of Cum- berland County, which were ordered to be entered on these Min- utes, and are as follow, Viz“:
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A Letter to the Governor from the Reverend Mr. Steele.
" CARLISLE, February 27th, 1768. " May it please your Honour :
"I received Your favour of the 24th Instant, a few Hours ago, and will send off to-Morrow Morning to acquaint the Gentlemen whom I am to accompany, and transmit to them a Copy of your Honour's Instructions. I expect to take Journey from Carlisle in a few days, being persuaded it is Your Pleasure that all possible Dispatch be made.
"Whatever the Success shall be, I hope Your Orders shall be faithfully executed. I am
" Your Honours
" most Obedient "humble Servant,
"JOHN STEEL.
"P. S. I acknowledge the Receipt of Sixty Pounds, &cª.
"J. S.
" To the Honourable John Penn, Lieutenant Governor, &cª", in Philadelphia."
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A Letter to the Governor from Six of the Justices of Cumberland County.
" CARLISLE, February 28th, 1768. " May it Please Your Honour :
" Your Commands per Captain William Patterson, of the 20th Instant, came to hand on the 24th; on receipt, a Number of the Justices met the same Evening at Carlisle, (Mr. Montgomery as- sisting,) to concert Measures how to execute your Honour's injunc- tions in the most effectual Manner. As it appeared to us utterly im- probable that these Licentious People who rescued Stump, would or ever had it in their Power to return to Justice the Perpetrators of the late Murder on the Indians, and as the best Intelligence we can gain renders it Matter of scruple whether he be in our County, we proceeded to take information on Oath, and issue Warrants to the proper Officers, for Apprehending and securing in Goal those Villains who were concerned in the Rescue. We have inclosed a List of the Names of such as we have discovered.
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