USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 66
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The Governor laid before the Board three Bills sent up by the Assembly for his Concurrence, entituled as follow, vizt :
"An Act for regulating Waggoners, Carters, Draymen and Porters, and for other Purposes therein mentioned."
" An Act for the Regulation of Apprentices within this Prov- ince."
" An Act to continue the act entituled ' An Act for the opening and better amending and keeping in Repair the Public Roads and Highways within this Province."
Which were read and duly considered, and the Secretary was di- rected to return the same to the House, with two small Amend- ments made to the Apprentice Bill, and a verbal Message to ac- quaint the House with the Governor's Assent to the two others.
27th September.
MEMORANDUM.
The Assembly sent up to the Governor a Bill entituled "An Act for the Support of the Government of this Province and pay- ment of the Public Debts," which being read, the Governor directed the Secretary to carry a verbal message to the House requesting them to furnish him with a List of the Draughts and Certificates intended to be paid off and discharged by that Bill.
Eodem die, P. M.
The Governor sent by the Secretary a written Message to the As- sembly, (with the Deposition of John Philip De Hass, Esquire,) which follows in these words, viz' :
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A Message from the Governor to the Assembly.
" Gentlemen :
" I have ordered the Secretary to lay before you the Deposition of John Philip De Haas, Esquire, one of the Justices of the Peace of the County of Lancaster, by which you will perceive that, in Consequence of a Warrant some Time ago issued by John Law- rence, Esquire, one of the Supreme Judges of this Province, for the apprehending of Lazarus Stewart, Lazarus Young, and Zebulon Butler, charged with the Crime of Arson, (an offence made Capital by Act of Assembly,) the said Stewart having been arrested on the fifteenth day of this Instant, rescued himself, with the Assistance of a Number of lawless People who joined him, and not only beat the Constable who arrested him, but abused and threatened the said De Haas in the Execution of his Office as a Justice, in the most violent manner. I shall order Prosecutions to be carried on against the Rescuers, who I hope may be brought to Justice in the com- mon Course of legal Proceedings, but, as the principal Offenders will probably, asthey hither to have done, set the Laws at defiance, and make it dangerous to apprehend them, I think it expedient, for the sake of public Justice and the Honor of Government, that a Reward should be offered for taking them, in which I make no doubt I shall have your Concurrence.
" September 27th, 1770."
"JOHN PENN.
The Deposition follows in these words, vizt. :
" Philadelphia, to wit :
"On the twenty-sixth day of September, in the Year of our Lord one thousand seven hundred and Seventy, before me, Thomas Wil- ling, Esquire, one of the Judges of the Supream Court of the Pro- vince of Pennsylvania, personally appeared John Philip De Haas, of the Township of Lebanon, in Lancaster County, Esquire, one of His Majesty's Justices of the Peace of the County of Lancaster, who being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that he, the said Deponent, on the fifteenth day of Sep- tember Instant, delivered to Frederick Buhlman, Constable of Leb- anon aforesaid, a Warrant from John Lawrence, Esq'., one of His Majesty's Judges of the Supream Court of this Province, directed to all the civil Officers of the Province, for apprehending Lazarus Stewart, Lazarus Young, and Zebulon Butler, and bringing them before him, or one other of the Judges of the Supream Court, to answer a certain Charge made on Oath against them of burning Houses, and other misdemeanors, said to be committed in the County of Northampton, in the Province aforesaid, and the said Constable thereupon, about 10 o'clock the same day, arrested the said Lazarus Stewart in Lebanon, in the Deponent's Presence ; that
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the said deponent, understanding that the said Stewart was a dan- gerous, turbulent Man, & apprehending a Rescue might be attempt- ed, employed three Men to assist the Constable to convey him down the Country, promising them a Reward of five Pounds to each of them if they accomplished it; that the said Stewart, being encou- raged by Messages from one William Stoy, as this Deponent hath been informed, and Verily believes endeavoured to retard as much as he could, their setting off, and at length found means to intimi- date the Persons employed to assist the Constable, so that they went away, leaving the Constable to do as he could; that the Deponent being informed of this, endeavoured to procure other Assistance, but while so employed, Word was brought him that the said Stewart had rescued himself, with the assistance of one Matthias Mause, a Neph- ew of the said Stoy, who gave the said Stewart the handle of an Axe, with which he had knocked down the Constable & beat him in a Cruel and Unmerciful manner; that thereupon this Deponent went to the Place where the said Stewart was, and called to sundry of the Inhabitants who were there standing, and had been Witnesses to the aforesaid outrageous Proceeding, charging them in His Ma- jesty's Name to assist him, the Deponent, and the said Constable in retaking the said Stewart, at the same Time acquainting them with the Crimes of which he was charged, and for which he was in the Constable's Custody ; that none of the Inhabitants would obey the Deponent, some of them being Friends and abettors of Stewart, and the rest afraid ; that the said Stewart stepped forward with a Club in his Hand, and abused the Deponent in the most oppro- brious Terms, and the Deponent despairing of Assistance, and un- derstanding that a Number of Stewart's Friends were expected from the Country, and apprehending from his Threats, that great Mis- chief and Disturbance would ensue, thought proper to retire, exhort- ing the People in the most earnest Manner to preserve the Peace, and prevent any riotous proceedings ; that about an hour after the rescue, a Party of armed Men, to the number of twenty, or therea- bouts, rode into the Town of Lebanon, and joined the said Stewart, who soon after came towards the said Deponent, then walking be- fore his own Door, and with much Scurrility and Abuse, with a Pistol in one hand and a Club in the other, threatened him for; having procured him to be arrested, and the Deponent finding it ne- cessary to defend himself, retired into his house and got his Pistols ; that the said Stewart endeavoured to follow him into the House, but one of the Family fastening the Door, prevented him; that the said Stewart afterwards called on the Deponent to come and take him, and said that there was long ago two hundred Pounds Reward of- fered for him (alluding, as this Deponent understood, to the said Stewart's being one of the Persons concerned in Murdering the In- dians in Lancaster Goal, for taking whom a Reward was offered by this Government), that the said Deponent was informed by Nicholas Hausaker, Innkeeper in Lebanon aforesaid, that the said Stewart
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afterwards came to the said Hawsaker's, and threatened that if he ever should obey the Orders of the Deponent in taking, or assisting to take the said Stewart, or any of his Company, he, the said Stew- art, would cut him to Pieces, and make a Breakfast of his Heart ; and this Deponent saith that the said Stewart and his Company Rode off in Triumph; and further this Deponent saith not.
" Sworn before me, the day and year before written.
" J. P. DE HAAS.
" THOS WILLING, [L. S].""
Friday the 28th of September.
Two Members of Assembly waited on the Governor with a List of the Public Debts referred to in the Bill for the support of Gov- ernment ; and at the same time presented him a Bill entituled "An Act for vacating a part of a Road in the Township of Passyunk, and for laying out and making a new Road instead thereof;" and also the following Remonstrance from the Assembly to the Gov- ernor, with a number of Vouchers and proved Accompts therein referred to.
A Remonstrance to the Governor from the Assembly.
" May it please your Honour :
" The House have taken into Consideration the application from divers Inhabitants of Lancaster and Cumberland Counties, and the Report of the Committee of Grievances, relative to the impressing of Carriages by Colonel Wilkins, for transporting the Baggage, &cª. of the Troops under his Command, in their March through the said Counties in the Year 1768, and from Affidavits and other Vouchers, laid before this House, it appears that in June, 1768, the Colonel applied to the Magistrates in Lancaster, and, by their Warrants, had nineteen Waggons, with Horses and Drivers, impressed ; who Transported the Baggage to Carlisle, where the Colonel had agreed to discharge them ; but, not being supplied with a sufficient num- ber of other Carriages there, he detained those from Lancaster many days longer than his Contract, and then proceeded with them as far as Fort London, where he engaged to discharge them, but them also many Days; and then having some other Waggons furnished him there, he discharged some of the Lancaster County Carriages, but compelled the rest to proceed with him to Fort Pitt; and on the Road, having met with some other Waggons returning from Fort Pitt, loaded, he obliged them to unload and return with him to Fort Pitt; that the Colonel, in settling their Accounts, allowed the Wag- goners for only about one-third part of the Time they were in the Service, and deducted out of the same the Price of the Provisions,
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Forrage and Pasture, expended by the Drivers and Horses; that by these means the Owners of the Carriages have sustained great Hardships and Loss. We therefore think it our Duty to lay the Vouchers before your Honor, and request that you will represent this matter to His Excellency General Gage, Commander in Chief of His Majesty's Troops in America, not doubting but he will afford proper Relief to the Sufferers.
"Signed by Order of the House,
"JOSEPH GALLOWAY, Speaker. "September 27th, 1770."
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Eodem die, P. M.
Two Members of the Assembly brought up the following written Message to the Governor, in answer to His Honor's Message to the House of yesterday, viz *:
A Message to the Governor from the Assembly.
" May it please your Honour :
"We have taken into Consideration your Message of the 27th Instant, and heartily concur in Opinion with your Honour, that it is highly necessary for the preservation of the Public Peace, and a due Execution of the Laws, to offer a Reward for the apprehending Lazarus Stewart, for the daring Insult he has committed on Autho- rity, of Government, and we have no doubt but a future Assembly will chearfully make Provisions for the Payment of fifty Pounds for the taking him whenever the same shall become due.
" From the Affidavit laid before us by the Secretary, we observe there is Cause to suspect the said Stewart hath been guilty of a Crime of a more atrocious Nature than that mentioned by your Honour ; should the Reward to be offered for taking him have the intended effect, we have not the least doubt but you will give Orders for prosecuting him, as well for any other Offences sup- ported by proper Evidence, as for the audacious Contempt he has shewn to the authority of the Magistracy.
" Signed by Order of the House. '"JOSEPH GALLOWAY, Speaker.
" September 28th, 1770."
Saturday, the 29th of September, A. M.
The Governor returned to the Assembly the Bill for the Sup- port of Government, &cª", with his Assent, and the Bill " for vaca-
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ting part of a Road in the Township of Passyunk, and for laying out and making a new Road instead thereof," with the following written Message, Viz *:
A Message from the Governor to the Assembly.
" Gentlemen :
" From the best Judgment I have been able to form of the Bill now before me, entituled " An Act for vacating a Part of a Road in the Township of Passyunk, and for laying out and making a new Road instead thereof," it is proposed that a new Road shall be laid out for public Use, to intersect the River Schuylkill in a Point opposite to a Place on the other side of that River from whence a Provincial Road has been applied for, by a Petition to me and the Council, to intersect the old Road leading to Chester at Crum Creek. It may be proper to inform you, that in Consequence of this Petition an Order of Council has been made, appointing a number of Gentlemen on their own view to judge of the Utility of that Road, and to make their Report accordingly. As, therefore, the necessity of laying out the Road proposed by the Bill, seems to me wholly to depend on what may be done in the Case of the other Road with which it is intended to have communication, I think there would at present be great impropriety in passing the Bill under Consideration; Besides, Gentlemen, the Acts of Assem- bly of this Province having established proper Judicatories for lay - ing out both Provincial and private Roads, I cannot see what Occa- sion there is for the Legislature to interpose in these cases. For these Reasons, I am under the disagreeable necessity of returning you the Bill with a Negative.
" September 29th, 1770."
" JOHN PENN.
The Secretary then delivered the following Verbal Message from the Governor to the Assembly, in answer to their Remonstrance of yesterday, Vizt:
The Governor commands me to acquaint the House that will he take Care, agreeable to their Request, to represent the Matter set forth in their Remonstrance to His Excellency General Gage, as speedily as possible.
Council Chamber, Saturday 1 o'Clock, P. M., September 29th, 1770,
The Governor having received a Message from the Assembly re- questing to know when he would be pleased to pass the Bills which he had agreed to, and having appointed the present Time for that Purpose, sent a Message to the House by the Secretary, requiring
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their Attendance in the Council Chamber, that the Bills which had received his Assent might be enacted into Laws. The whole House attended accordingly, and the Speaker presented to the Governor the four following Bills, which His Honor was pleased to enact into Laws, signed a Warrant for affixing the Great Seal thereto, and ap- pointed Mr. Tilghman and the Secretary to accompany two Mem- bers of Assembly to see them Sealed and deposited in the Rolls Office, Vizt .:
" An Act for regulating Waggoners, Carters, Draymen, and Por- ters, within the City of Philadelphia, and for other Purposes therein mentioned."
" An Act for the Regulation of Apprentices within this Province."
" An Act to continue the Act entituled ' An Act for the opening and better amending and keeping in repair the Public Roads and Highways within this Province ;" and
"An Act for the Support of the Government of this Province, and Payment of the Public Debts."
The Speaker then presented to the Governor, on behalf of the House, an Order on the Provincial Treasurer for £1000, for His Honor's Support for the present Year, for which the Governor thanked the House. -
" By the Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor and Commander-in- Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware :
"A PROCLAMATION.
" WHEREAS, it appears by the Deposition of John Pilip De Haas, - Esquire, one of His Majesty's Justices of the Peace for the County of Lancaster, that. a certain Lazarus Stewart, who, among others, stands charged with the Crime of Arson, was on the 15th day of last Month legally apprehended for the same, in virtue of a War- rant issued for that Purpose by one of the Judges of the Supream Court of this Province : And whereas, the said Stewart, in defiance of all Law and Authority, did, on the same Day, with the Assist- ance of a number of lawless People who joined him, rescue himself from the Custody of the Constable who arrested him, and not only beat the Constable with great Severity, but abused and threatened the said De Haas in the Execution of his Office as a Justice of the Peace, in the most insolent manner :
" And whereas, it is highly expedient for the Preservation of the Public Peace, and enforcing a due Execution of the Laws, that the said Lazarus Stewart should be brought to Justice, as well for the Crime for which he was arrested, as for the daring Insult he has shewn to the Authority of Parliament ; I have, therefore, by and with the Advice of Council, thought fit to issue this Proclamation, hereby strictly charging and commanding all Judges, Justices, Sher-
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iffs, Constables, and other Officers, as well as all other His Majes- ty's Subjects within this Government, to make diligent Search and enquiry after the said Lazarus Stewart, and to use all lawful means for apprehending, securing, and bringing him to Justice. And as an Encouragement for that Purpose, I do hereby promise and engage that the public Reward of fifty Pounds shall be paid to any Person or Persons who shall apprehend and secure the said Lazarus Stewart in one of the Public Gaols of this Province, so that he be brought to his Trial, and proceeded against according to Law.
" Given under my Hand and the Great Seal of the said Province, at Philadelphia, the third day of October, in the tenth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and seventy.
"JOHN PENN.
"By His Honour's Command.
" JOSEPH SHIPPEN, Jr., Secr'y." "GOD SAVE THE KING."
At a Council held at Philadelphia on Thursday the 4th Octo- ber, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª
William Logan,
James Tilghman,
Benjamin Chew, } Esquires.
The Governor laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, Berks, Northampton, and New Castle, which being duly considered, the following Persons were appointed and Commissionated as Sheriffs and Coroners of their respective Counties, Vizt. :
Judah Foulke,
Sheriff, Philadelphia City &
Caleb Cash,
Coroner, Sheriff,
County.
Jesse Maris,
Joseph Gibbons, Junior,
Joseph Ellicott,
Sheriff,
Bucks D°
James Wallice,
Coroner,
Sheriff,
Berks Do·
Coroner, Sheriff,
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Sheriff,
Coroner,
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Northampton Do.
Jacob Shoemaker, Samuel Jackson, Peter Kachlein, William Ledlie, Thomas Duff, Henry Vining,
Coroner,
Chester County.
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Saturday the 6th of October, 1770.
The Returns of the Sheriffs and Coroners for Lancaster, York, Kent, and Sussex Counties, being now made, The Governor ap- pointed and Commissionated the following Persons as Sheriffs and Coroners for their respective Counties, Vizt :
Frederick Stone,
Sheriff,
Lancaster County.
Samuel Boyd,
Coroner, S
George Eichelberger,
Sheriff,
York Do.
Joseph Adlum,
Coroner,
James Caldwell,
Sheriff,
Kent D°
John Smither,
Coroner,
Boaz Manlove,
Sheriff,
Sussex
Reese Wolfe,
Coroner. S
A Conference was then held with several Munsey Indians.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan, Esquires.
James Tilghman,
Meetham, the Munsey Chief, and ten other Men. John Kneebuckle, Interpreter.
The Chief addressed himself to the Governor, and with a String of Wampum went through the usual Ceremony of wiping the Eyes, cleansing the Ears, and clearing the Throat, that the Governor might look on his Indian Brethren and hear well what they had to say, and might speak to them from his Heart, and then deliver -. ed the String of Wampum.
The Chief then continued as follows :
" Brother :
" We are come from Welawanung, or the big Horn, where we. keep a great Fire. When we came from the Horn, which is our Place of Residence, I perceived the Road was very dirty and nasty,. my Brothers all Bloody, and Your Houses full of Blood and Filth. I now sweep the Road quite clean and wash away all the Blood from your Bodies and Houses.
" Brother :
" There are a great many of my Brethren's Bones laying out of Doors, I see them every now and then scattered about in different Places ; I now collect them all together, and take them up, and. carry them to a Place where no People have ever yet been. I see. VOL. IX .- 44.
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there a great Tree, which I now pull up by the Roots, and I put in its Place all my Brethren's Bones, and bury them there, so that they may never be seen again, and that your Grand Children may never know where they are buried.
A Belt of eight Rows.
" Brother :
" There is something the Matter with your Heart; it is all on one side ; I now make it as strait and as good as it used to be, when we talked good words at the great Treaty at Easton.
A Belt of seven Rows.
" Brother :
" I now make the Road good by removing the Stumps and Stones, and I bend the great Trees down on one side, that the Road may always remain open, and there may be no more Uneasiness between us.
A black and white Belt of seven Rows.
" Brother :
"I must now acquaint you with the Business of my coming to Philadelphia.
" I am just come from a Treaty lately held with the Indians by Sir William Johnson, which has occasioned my coming here at this Time.
" Brother :
" I must tell you that We are quite Poor, and that our young Men cannot walk so far as Philadelphia for such Things as they want, and therefore we want a Store Keeper and a Gun Smith to live among us at our Town, the big Horn, by whom we may be supplied with Blankets and other Cloaths, and that we may con- veniently get our Guns mended and repaired from Time to Time, and therefore, Brother, we request you will fix a Store and a Gun Smith there.
A Belt of six Rows.
" Brother :
" I am to inform you that I do not come now to Philadelphia of my own Accord; I am sent here by the Six Nations. Now, Broth- er, I fill your Pipe, and you must look towards our country ; and when the Leaves come out in the Spring, or as soon as the Bark Peels, we and the Six Nations will come here to see you and speak to you, for we have a great deal to say to you.
" Brother :
" There was a Belt of Wampum sent up among us about a Year ago from Philadelphia, and we inform you that every thing has been done by us as you desired.
" Brother :
" I want to know at what Place we shall have a Treaty with you. There are two Fires ; one of them is here, and the other at Eas- ton. But we leave it to you to chuse where We shall meet you.
A Belt of five Rows.
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" Brother :
" I have now finished what I had to say respecting the Business of my coming here; but I am to inform you that there are here among us a Cherokee Indian Man, his Wife and a Child, who are just come down the Susquehanna from Sir William Johnson's; and as they are desirous of returning home to their own country in the . most expeditious manner, they request that the Governor will give them a Passport, that they may proceed to Carolina with Safety.
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Monday the 8th of October, 1770.
The Return of Sheriff and Coroner from Cumberland County being now made, the Governor appointed and Commissionated David Hoge, &
of the said County. William Denny,
Sheriff, 2 Coroner, S
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Council Chamber,
MEMORANDUM, the 14th of October, 1770.
A Committee of the Assembly waited on the Governor yesterday, and acquainted him that, pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and having proceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that He might be presented for His Honor's Approbation. The Governer having appointed this forenoon at eleven o'clock for that Purpose, acquainted the House by the Secretary that he attended his Appointment in the Council Chamber, and was ready to receive the House with their Speaker.
The Whole House waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who after receiving the Go- vernor's Approbation, claimed the usual Priviledges in the Name and Behalf of the House ; to which the Governor replied that he thought those Priviledges inherent in a Representative Body, and he should be careful to protect the House therein.
Tuesday, the 16th of October, 1770.
The Governor sent the following Message to the Assembly by the Secretary, who at the same Time laid before the House a Copy ot an Indian Conference therein referred to.
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The Message follows in these Words, viz" :
" Gentlemen :
" I have ordered the Secretary to lay before you a Conference I had on the sixth Instant with some Munsey Indians, charged with a Message from the six nations, informing me that they have a great deal to say to me, and requesting that I would hold a Treaty with them some Time next Spring. I have not been able to collect what particular Business they have to transact with us. Should it relate to matters which concern this Province only, and are not merely Objects of Negotiation between His Majesty and them, which, by the late Royal Regulations, fall within the Department of the Superintendants of Indian Affairs, Justice and good Policy, in my Opinion require, that we should comply with their Request in an Affair of such Importance, and which in its Consequences may be attended with a considerable Expence to the Public. I should be glad Gentlemen of your Advice and Assistance, and shall detain the Indians till I receive your Answer, which I request may be as soon as possible.
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