USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 68
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House; thence North eleven and an half degrees, West eleven Perches, to a marked Spanish Oak; thence North eighty-nine de- grees, West twenty-three hundred and thirty-eight Perches, to a Stake; thence South eighty-eight degrees, West two hundred and nineteen Perches, to a white Oak at the East end of Strasburg street ; thence by the said street North seventy-two degrees, West forty- nine Perches, to a Stone, and thence North eighty-four degrees fifty Minutes, West one hundred and eighty Perches, to a Stone in the intersection of the said street, with a Road leading to Lancaster, Which Road, if properly opened and well made, will be of great Utility and Advantage to the City of Philadelphia, as well as to the Inhabitants of this Province to the Westward, it being much shorter and on better Ground than the old Conestogo Road, besides suiting a number of People to the South of the old Road, who now have no convenient Road to the said City.
" JOHN MORTON, "JOHN SELLERS, "JAMES WEBB, " JOSEPH FOX, "JACOB LEWIS, "DANI WILLIAMS.
"August 15th, 1770."
At a Council held at Philadelphia, on Tuesday 11th December, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters,
James Tilghman,
Benjamin Chew, r Esquires.
The Governor laid before the Board A Petition from divers In- habitants of Philadelphia, Bucks, and Northampton Counties, setting forth, " that about fifteen years ago Petitions were exhibited to the respective Courts of Quarter Sessions of the said Counties of Phila- delphia and Bucks, praying that a Road might be laid out on the Line dividing the said Counties, to be begun in a Road formerly called Chamberlain's Mill Road, and to extend thence North West along the said Line to the new great Swamp Road ; that the Courts accordingly appointed Men to view, and if the Ground would admit, and they saw it necessary, to lay out the same; that the viewers met, and being unanimously of Opinion that a Road in that Place was both necessary and practicable, laid out the same according to the desire of the Petitioners, but that upon some Doubts arising about the Legality or Propriety of the Proceedings, the Matter was discontinued and no confirmation obtained; and that as the Peti-
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tioners are of Opinion such a Road is still wanted, and that it ought to be extended both higher and lower, they most humbly pray the Governor and Council would be pleased to appoint Men to view and lay out the same, beginning in a Road leading from Wright's Town to Bibury, and to extend thence on or as near the Line aforesaid as may be, to another great Road commonly called the Macungy Road, (near Michael Hurlocker's), or so much thereof as may appear ne- cessary and Convenient."
The Board taking the said Petition. into consideration, do order and appoint John Bull and Evan Thomas, Esquires, and Joshua Morris, of Philadelphia County, and Joseph Kirkbride, Thomas Barnsley, and John Kidd, Esquires, of Bucks County, to view the Grounds, and if they, or any four of them, think the Road petitioned for necessary for the Public, to lay out the same in the manner they, or any four of them, shall judge will be most advantageous for the Public Service, and least injurious to Private Persons through whose Lands the same may pass, and to make Report thereof to the Governor and Council, on or before the first day of June next, for their further Consideration, that they may do therein what shall ap- pear most for the public Benefit.
It being represented to the Board that a Commission is wanted for the Trial of Negroes in Cumberland County, the Governor, with the advice of the Board, ordered one to be issued, appointing John Armstrong and John Byers, Esquires, Justices for holding Courts in that County for the Trial of Negroes, according to Law.
. At a Council held at Philadelphia, on Wednesday 12th De- cember, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
James Hamilton,
Richard Peters,
Joseph Turner,
Benjamin Chew,
William Logan,
James Tilghman,
Thomas Cadwalader, -- Esquires.
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Pursuant to the Summons wrote by the Secretary to all the Mem- bers of Council by the Governor's Command, requesting their At- tendance this Morning for the Election of some new Members, the Board met, and His Honor acquainted them that there were now two vacant Seats in the Council, which he thought necessary to be filled up, and therefore proposed Andrew Allen and Edward Ship- pen, Junior, Esquires, as Persons well qualified to serve as Mem- bers of Council, who were unanimously approved of by the Board. It is, therefore, Ordered that those Gentlemen have Notice given them hereof by the Secretary, and that they be summoned to attend
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at the next meeting of Council, in order to take the usual Qualifi- cations, and be admitted to their Seats at this Board.
At a Council held at Philadelphia, on Monday 24th December, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters, James Tilghman, S Esquires.
Andrew Allen and Edward Shippen, Junior, Esquires, having been summoned to attend the Council this Day, appeared at the Board, and took and subscribed the usual Oaths and Declarations enjoined by Law, and also an Oath for the faithtul discharge of their Duty as Members of the Proprietary and Governor's Council, and were admitted to their Seats accordingly.
One of the Members represented to the Board that a new Com- 3 mission for the trial of Negroes was wanted in Chester County, it being a Matter of some doubt whether the present Commission is not superseded by the issuing of the late General Commission of the Peace. The Governor, therefore, with the advice of the Board, judged it proper, in Order to remove such Doubt, to issue a new Commission, appointing John Morton and William Parker, Esqures, Justices for holding Courts for the trial of Negroes in the said County, according to Law.
MEMORANDUM. The 8th of January, 1771.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to Adjournment, and therefore requested to know if His Honour had any Business to. recommend to them, to which the Governor replied that he had none at present.
At a Council held at Philadelphia, on Thursday 24th January, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
Benjamin Chew, Edward Shippen,
Andrew Allen, Esquires.
The Governor laid before the Board for their Consideration a Letter which he received by the last Packet from the Right Hon- VOL. IX .- 45.
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orable the Earl of Hillsborough, His Majesty's Secretary of State for the American Department, dated the 15th of November, 1770, inclosing an Extract of a Letter from Sir William Johnson, and of a Conference held by him last Summer with the six Nations, which were severally read, and the said Letter follows in these Words, Viz':
" (Circular).
" WHITEHALL, 15th November, 1770.
"Sir :
"The inclosed extract of a Letter I have very lately received from Sir William Johnson, will fully inform you of the complaints made by the six Nations of Indians, and their Allies and Confede- rates, at a Congress held in July last, at the German Flatts, of the abuses and Violences committed by the Traders and Frontier Inha- bitants of several of His Majesty's Colonies, and the enclosed ex- tract of the Conferences will point out to you how earnest the In- dians have been in those Complaints, and what is likely to happen if they are not redressed.
" After the King had thought fit, from a Regard to the Claims and Opinions of the Colonies, to leave it to them to make such regu- lations concerning the Indian Commerce as they judged proper, there was good reason to hope that a Matter on which their Interest and Safety do so much depend, would have been an immediate Ob- ject of their Serious deliberation ; but as, contrary to all expecta- tion, nothing effectual appears yet to have been done, and as the Indians have, in the strongest Manner, expressed their impatience under the Abuses to which they are constantly exposed, the King has commanded me to signify his Pleasure that you should without delay, represent this Matter in the Strongest Manner to the As- sembly of the Colony under your Government, and urge them, in His Majesty's Name, to fall upon some Means of putting Indian Affairs under such regulation as may have the Effect to prevent those Abuses of the Trade, and those Violences and encroachments of the Frontier Inhabitants, which the Indians so justly complain of.
" I am, Sir, " Your most obedient humble Servant, " HILLSBOROUGH."
" Deputy Governor of Pennsylvania."
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The Board having taken the said Letters, &c", into consideration, were of Opinion that the Contents of the Secretary of State's Let- ter should be communicated to the Assembly by a Message, and its inclosures laid before them ; and that the Governor should recom-
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mend it to them in the strongest Manner, to take the most effectual Measures for complying with His Majesty's Pleasure therein signi- fied. And it was agreed that a Draft of a Message should be accord- ingly prepared, to be laid before the Board at their next Meeting.
MEMORANDUM, the 25th of January, 1771.
The Governor having received information that a Commission is wanted in the County of New Castle, for the trial of Negroes, (as one of the Gentlemen named in the last Negroe Commission for that County has since been created a Justice of the Supream Court and of the Court of Oyer and Terminer), his Honour this day issued one, appointing Even Rice and David Finney, Esquires, Justices for holding Courts in that County for the trial of Negroe and Mu- latto Slaves, according to Law.
At a Council held at Philadelphia on Monday 28th January, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew,
James Tilghman,
Lynford Lardner,
Andrew Allen, Esquires.
Edward Shippen, Junior,
The Governor laid before the Board four Bills sent up by the House for his Concurrence, entituled as follows, vizt .:
" A Supplement to the Act entituled ' An Act for the better regu -. lation of Servants within this Province and Territories.'"
" A Supplement to the Act entituled ' An Act for erecting part of the Counties of Philadelphia, Chester and Lancaster, into a sepa- rate County.'"
" An Act to prevent the Destruction of Rock Fish and Oysters ;". and
" An Act to regulate the Fishery in the River Schuylkill," which were severally read and considered, and the Secretary was directed to return the same to the Assembly, with three small amendments which were made to the first mentioned Bill, and a Verbal Message to the House that the Governor gave his Assent to the other three. .
The Draft of a Message to the Assembly, on the subject of the Earl of Hillsborough's Letter of the 15th of November last, being prepared, was laid before the Board and approved, and the Secre- tary was directed to transcribe the same, and delivered it to the Assembly this Afternoon, with the Papers it refers to. The said Message follows in these Words, Viz *:
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A Message from the Governor to the Assembly.
" Gentlemen :
" In obedience to His Majesty's Commands lately signified to me by the Earl of Hillsborough, I am now to acquaint you that at a Congress held at the German Flatts in July last, by Sir William Johnson, with the Six Nations, their Confederates and Allies, they loudly complained of Abuses and Violences committed by the Tra- ders and frontier Inhabitants of the Colonies, strongly intimating that unless they are speedily redressed, and effectual Measures taken in future to prevent the like mischiefs, it will be impossible to restrain their young Men and Warriors from Acts of Revenge.
"I have ordered the Secretary to lay before you an Extract of one of the Conferences at the Congress, and of Sir William's Letter to the Earl of Hillsborough on this Subject, he transmitted me by his Lordship, which will make known to you the particulars of the Indian Complaints.
" You must be sensible Gentlemen, that the cultivating a lasting Friendship with the Indians, and the conciliating their Affections by all possible Means, are objects of the greatest Importance to His Majesty's Interest in General, and the Peace and Welfare of the Colonies in particular,
" Motives of Justice and good Policy alone would, I am persua- ded, incline you to take this Matter into your most serious Consid- eration. But when you are informed that his Majesty has been pleased expressly to Order me without Delay, to represent it to you in the strongest Manner, and urge you in his Name to fall on some Means of putting Indian Affairs under such regulations as may have the Effect to prevent the Abuses of the Trade, and those Violences and Encroachments of the frontier Inhabitants which the Indians so justly complain of, you will, I make no doubt, hold your- selves bound by the Ties of Duty and Respect to your Sovereign, to give this Business the first Place in your Deliberations.
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"JOHN PENN.
" January 28th, 1771."
At a Council held at Philadelphia, on Saturday 2d February, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Chew, Andrew Allen,
James Tilghman,
Edward Shippen, Junior. Esquires.
The Governor laid before the Board a written Message he just now received from the Assembly by two Members which was read, and follows in these words, Viz":
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A Message to the Governor from the Assembly.
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" May it please your Honour :
"We have taken into consideration your Message of Monday last, with the Papers therein referred to, and have paid the strict- est Attention, as it was our Duty, to the Representation made to us in the Name of our gracious Sovereign.
" We are extremely sensible of how great Importance it is to His Majesty's Interest, and the Peace and Welfare of the Colonies, to Cultivate a lasting Peace with the Indians, and to conciliate their Affections, and are very desirous of giving all the Assistance we can for promoting Purposes of such extensive Consequence, but we have too much Reason to be convinced, that our Power on this Occasion is not equal to our Zeal for His Majesty's Service, and for the Tranquility of the Colonies.
" A Law was made in this Province many years ago, to pre- vent those particular 'Abuses in the Trade,' which are men- tioned in Sir William Johnson's Letter to the Earl of Hillsborough. The Regulations therein contained, are so prudently formed and so severely enforced, that we are inclined to believe it will be impos- sible for us, without the Concurrence of the other Colonies in some general Plan, to pursue any Mode that will prove effectual on this Head,
" Numbers of very profligate Persons from several Provinces go amongst the Indians to trade, and as they traffick through the whole Country without Restraint, and may elude the Laws of the Go- vernment to which they belong by retiring into another, Difficul- ties arise in detecting and convicting Offenders, that We apprehend cannot be removed but by the Method proposed in your Honor's Message to the last House of Assembly, recommending to them to frame a Bill for appointing Commissioners to meet with other Com- missioners of the neighboring Colonies, to form and agree on a general Plan for the Regulation of the Indian Trade, with which they complied ; but as a Meeting of those Commissioners has not hitherto been had, the desired effect has not yet been attained.
" As to the ' Violences' in general, complained of by the Indians in the Congress at the German Flats, we beg leave to observe that this Province has ever been careful to remove every Cause of In- dian Complaints.
"In the eighth Year of the present Reign this Province granted three thousand Pounds 'for defraying the Expence of Presents of Condolance, and such other Gifts as should be necessary to remove the Discontents of the Indians.' Much the greater Part of this Sum was remitted to Sir William Johnson and his Deputy, George Croghan, Esquire, and the whole expended for those purposes. The Indians, on these Presents being made, expressed themselves en- tirely satisfied for all the Injuries they had received from the People of Pennsylvania. The Laws now subsisting have fully provided
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for the Punishment of those who shall hereafter offer any Outrages within the Limits of this Province.
" With respect to the last Subject of the Complaints made by the Indians concerning 'Encroachments of the Frontier Inhabi- tants' on their Lands, we beg leave to remind Your Honour that the year before last An Act of General Assembly was passed, imposing heavy Penalties on Persons who should presume to settle, make Surveys, or cut down Trees on any Lands within the Boun- daries of this Province, not purchased of the Indians, Provision having been made in the Reign of the late King to prevent any Persons even from Hunting on such Lands.
"Motives of " Duty," "Justice," and " Policy," will ever induce us to take all proper Means for redressing the Greivances of In- dians, and establishing an Intercourse with them on Terms that may produce a permanent and mutually benefical Harmony.
" If your Honour can point out any Measures likely to answer this good End, that have not occurred to us, we shall cheerfully and immediately unite with you to carry them into Execution.
" Signed by order of the House. " JOS. GALLOWAY, Speaker.
"February 1st, 1771."
Then were laid before the Board and read, the Depositions of Aaron Vancampen and Peter Kachlein, the Sheriff of Northamp- ton County, and sundry other Depositions, Examinations, and Let- ters, relative to the apprehending Lazarus Stewart, the particulars of his Escape, and afterward his violent Proceedings with a Number of People from Lancaster County, who had joined him in taking for- cible Possession of the Lands at Wyoming; their cruel and inhu- man Treatment of the People whom they had dispossessed, and Stewart's Opposition to the Sheriff of Northampton, who went there to' exccute a Writ and Warrant against him, and some of his Accomplices, together with his treacherous Murder of Nathan Og- den, who was one of the Sheriff's Posse.
Aaron Vancampen and Peter Kachlein's Depositions follow, in these Words, Viz *:
" Aaron Vancampen, of the County of Northampton, Farmer, aged fifty years, or thereabouts, being sworn on the Holy Evan- gels, deposeth and saith :
" That He is one of those who attended the Civil Offcers at Wyoming, when the New England People were taken Prisoners there, in the Month of September last, and remained there in the Buildings commonly called the Fort, with many others who held under the Proprietaries of Pennsylvania, till the eighteenth day of December last, as this Deponent remembers, when about three o'Clock in the Morning, the People in the Fort being a-bed, the Fort was entered by a Body of Men from Hanover, in Lancaster County, armed with Guns and Clubs, and commanded by
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Lazarus Stewart; that they upon entering the Fort huzza'd for the Hanoverians and King George, and immediately pro- ceeded to break open the Doors of the Houses of the Fort; that they broke open the Deponent's Door, took him Pris- oner, beat and abused him most unmercifully, and put him as & Prisoner under Guard ; that they then procceded in the same Man- ner through the Fort, breaking open Doors, beating and abusing the People, and making them Prisoners; that they then ordered the People within the Fort to depart immediately, and would scarcely give them Time to collect a small part of their Effects to take with them ; that there were within the Fort when thus attacked, eighteen Men, six of whom made their escape, and twelve were made Pri- soners, and a considerable Number of Women and Children, who were all driven out of the Fort by the said Lazarus Stewart and Company, in a cruel and inhuman Manner ; that there were of this Company who took the Fort, twenty-three Hanoverians, and six New Englanders ; that the Deponent knows the Names only of La- zarus Stewart, John Simpson, John Robinson, Thomas Robinson, and Robert Frazier, of the Hanoverians ; and Littleton, Elijah Gore, Nathaniel Gore, Thomas Bennet, and Bennet, a Brother of the said Thomas, of the New Englanders ; that the Evening before the Fort was taken, Major Draper, who the Depo- nent understood had lately been confined in Philadelphia Gaol, being one of the Prisoners taken at Wyoming in September, came to Wyoming, and the next Morning joined the Hanoverian Party in the Fort; that they took away the Guns from our People, and re- fused to return them, saying it was War fashion to keep the Arms; that the Deponent, in a Day or two after, as soon as he was able to travel, left Wyoming with his Family, and what little Effects he could take with him, and went over to Delaware, and further the De- ponent saith not.
"AARON VAN CAMPEN.
" Sworn to the 11th day of January, 1771, before me,
"THOS. WILLING."
" Philadelphia, to wit:
"Peter Kachlein, Esquire, Sheriff of Northampton County, makes Oath on the holy Evangels of Almighty God, that soon after last December Court at Easton, he received a Writ, issuing out of the Court of General Quarter Sessions of the Peace of the said County, commanding him to take Lazarus Stewart, Lazarus Stewart the younger, James Stewart, John Simpson, Thomas Robinson, James Robinson, Silas Gore, Asa Luttington, Peter Kidd, Isaac Warner, Partial Terry, William Young, Thomas Bennet, and divers other Persons therein named, to answer to a certain Bill of Indict- ment for a Riot there found, and depending against them, which
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Writ was returnable at the Court in March next ; and shortly after ! received a Warrant from the Honorable Thomas Willing, Esquire, one of His Majesty's Judges of the Supream Court of this Province, bearing date the eleventh day of January Instant, for apprehending Lazarus Stewart, John Simpson, John Robinson, Thomas Robinson, Asa Littleton, Elijah Gore, Daniel Gore, Thomas Bennet, and Joshua Bennet, to answer the Charge mentioned in the said Warrant; that being informed many of the Persons named in the said Writ and Warrant were at a Fort at Wyoming, in the said County, and threatened all Officers of Government, and set the Laws at defiance, he raised a Posse of the said County, to aid him in the Execution of the said Writ and Warrant, and proceeded with them to Wyoming aforesaid, where he arrived on the eighteenth day of January instant ; that the next Morning, taking with him two of the Posse, and leaving the rest at some Distance, he advanced towards the said Fort, and having got within Gun-shot, was called to from the Fort, and ordered to stop, with threats of being fired at if he refused ; whereupon, alight- ing from his Horse, he walked quietly up to the Gate of the Fort, and addressing himself to two Men who were within side, desired Admit- tance, which they refused ; that he told them he was the Sheriff of that County, and had a Writ and a Warrant to apprehend some Persons, who, he was informed, were within the Fort, and demanded en- trance, that he might execute the King's Process; that they pre- sented their Guns at him, and threatened to shoot him if he ad- vanced further, but told him he might walk round to the other side of the Fort and speak with Captain Stewart, (meaning Lazarus Stewart), who was at the Centry Box ; that the Deponent accord- ingly went there, and applying himself to the said Stewart, who was one of the Persons named in the said Writ, and also in the Warrant, told him he was Sheriff of the said County, and had the King's Writ and Warrant to apprehend some Persons who were in the Houses, within the said Fort, and desired he might have En- trance to execute the said Process; That the said Stewart, in an- swer, said to him, 'I know what my Doom is if you take me ; I have sent down a Man to the Governor, and shall wait his answer, which I don't expect these three Weeks ; If the Governor will forgive me all my past Crimes, and give me some Land, I'll surrender myself, otherwise I'll fight it out as long as I have a drop of Blood left in my Body,' or words to that Effect ; that he then ordered this Depo- nent to depart, on Peril of his Life, at the same Time presenting a Gun towards him ; that the Deponent told him he would give him Time to consider better of the Matter, and retired; that the Depo- nent had several other Conversations with the said Stewart, on that and the succeeding day, in which he represented to him that he came there to do his Duty as Sheriff, and not to kill or hurt any one, and shewing him the said Warrant, and reading part of it to him, used all the Arguments he could to dissuade the said Stewart from opposing him in the Execution of his Office ; that the said Stewart
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