USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 71
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" Given in Council, under the Great Seal of the said Province, at Philadelphia, the sixth day of May, in the year of our Lord one thousand seven hundred and seventy-one, and in the eleventh year of the Reign of our Sovereign Lord George the third, by the Grace of God, of Great Britain, France and Ireland, King, De- fender of the faith, and so forth.
" JAMES HAMILTON, President.
" By Order of the President and Council.
" JOSEPH SHIPPEN, Jr., Secretary.
"GOD SAVE THE KING."
" The Board then took into Consideration the alterations neces- sary to be made in the several Forms of Marriage Licences, Public House Licences, Pedlars Licences, Let Passes, and others Papers of Course, and it was agreed that they be issued as the Acts of the President and Council in this Stile, viz": "By the Honourable James Hamilton, Esquire, President, and the Council of the Pro- vince of Pennsylvania," and that the President sign all Licences, Let Passes, Registers, and such other Public Instruments and Pa- pers as are to pass of Course.
The President proposed to the Consideration of the Board whether it would not be proper, before they should enter upon the Execution of the Powers of Government, for himself and the Mem- bers of Council to take and subscribe the usual oaths of Allegiance, &cª, and Declaration of Fidelity to His Majesty, which proposal being approved of by the Board, the said Qualifications were ac- cordingly taken and subscribed by the President and Members present.
The President laid before the Board the Transcripts of two Re- cords of Conviction, which being read, it appears by one of the said Records, that at a Court of Oyer and Terminer and general Gaol delivery, held at Philadelphia, for the County of Philadel - phia, on the eighth day of April last, before John Lawrence and
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Thomas Willing, Esquires, two of the Justices of the Supream Court and of the said Court of Oyer and Terminer, John Thomp- son, of the County of Philadelphia, Labourer, was tried for and convicted of Felony and Burglary, committed in the dwelling House of Ludwig Kuyn, in the Township of the Northern Liber- ties, in Philadelphia County aforesaid, on the twelfth day of Jan- uary last, and hath received Sentence of Death for the same.
And by the other of the said Records, it appears that at the said Court of Oyer and Terminer and general Gaol Delivery, held on the said eighth day of April last, before the said Justices, Elizabeth Grant was tried and convicted of Felony and Burglary, committed in the dwelling House of John Plankinhorn, in the County of Philadelphia aforesaid, on the first day of March last, and hath re- ceived Sentence of Death for the same.
The said Records being taken into Consideration, and the said Justices having recommended the said Elizadeth Grant as an Ob- ject of Mercy, the President and Council were pleased to Order that a Pardon should be made out and delivered to the said Eliza- beth Grant, under the Great Seal of the Province; and the Judges of the said Court having reported no favourable Circumstances in behalf of the above named John Thompson, the Board directed that a Warrant be issued for his Execution on Wednesday. the twenty-second day of May Instant.
At a Council held at Philadelphia, in the Council Chamber, on Tuesday the 7th day of May, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President. William Logan, Benjamin Chew, Richard Peters, Thomas Cadwalader, Esquires.
Lynford Lardner,
James Tilghman,
The Secretary laid before the Board a Letter from Nettawat- ways, or New Comer, the Chief of the Delawares, on the Ohio, to Governor Penn, which was brought to Town several Days ago by Killbuck, a Delaware Captain, and two other Indians, but as Gov- ernor Penn's Engagements, in preparing for his Voyage to Eng- land, prevented his giving the necessary Attention to the Business they were sent on, he referred the Consideration of their Affairs to the President and Council. The said Letter was then read, and follows in these Words, Viz':
" Brother :
" I have sent Killbuck, Kellalamind, and Pindeskund, of my Na- tion, to speak to you; They will inform you of every Thing I have to say, and I request that you will listen to them, and think that
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what they speak is what I think, as if I was personally present ; I hope you will comply with our Request, and grant us all the Assis- tance you possibly can.
" Brother :
" You may be assured of the good Intentions of my Nation, that they are determined to keep fast hold of the chain of Friendship subsisting between them and their Brothers, the English. Our Uncles, the Six Nations, have passed by here to meet the Wyandots, Shawanese, and other Nations in Council at the Shawanse Towns ; They have not as yet invited us to their Council, nor do we know the Cause of their Meeting; you may depend on it, in Case we hear any thing determined against our Brethren, the English, we shall acquaint you, and we request in Case you should know the Cause of their Meeting, you would inform us.
" I am your loving Brother, "NETOTWAY'S, or "KING NEW COMER.
Gave a String of White Wampum.
" At New Comer's Town, on Muskingam, the 1st of April, 1771.
"To JOHN PENN, Esquire, Governor and Commander-in-Chief of the Province of Pennsylvania, &ca., Philadelphia."
The Secretary then, by directions of the Board, introduced Kill- buck, Kellalamind, and two other Indians from the Susquehanna, Viz. : Bill Seth (Interpreter), and Nanticoke John.
The Indians having taken their Seats, the President made a Speech to them in the Words following, Viz":
" Brethren :
"I am very sorry that you have been detained so long in Town, without having had an Opportunity of acquainting us with the Bu- siness you came down upon, and I have desired your Attendance here that I may inform you of the reason of it.
" Just as you arrived here, our late Governor, John Penn, Esquire, who is Grandson to our first Proprietor, William Penn, received an Account from England of the Death of his Father, who was one of the Proprietaries of this Province. This News afflicted him with so much Grief that he could not do or think of any Business, and he was under the necessity of going to England without Delay, to con- dole with his Relations there, and look after the Affairs of this Pro- vince. You must not, therefore, think it hard that he did not take you by the Hand and bid you welcome, before his Departure. He desired me to express to you his great Concern on this Account, and to remember his good Wishes to you, and all his Indian Brethren, and to deliver you these Strouds, to join with us in condoling the Death of this, our Great Friend, and covering his Grave, and these Handkerchiefs to wipe away our Tears.
Strouds and Handkerchiefs.
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" Brethren :
" Now that We have buried our Dear Brother, I must acquaint you, that in the Absence of Governor Penn, I am appointed, with my Council here, to transact the Business of this Government in his Stead, and we are now reddy to hear any Thing you may have to say to us."
To which Killbuck, addressing himself to the President, imme- diately replied as follows, Viz' :
" Brother :
"It gives me pleasure that you have taken me by the Hand in the Name of the late Governor, and told me the reason of the De- lay and of his sudden Departure. It is the Nature of Grief, that when Persons are under great Affliction and Trouble, they can do no Business.
"I am pleased with what you have said to me on this Occasion, and I would not have you uneasy, and think that I am tired or out of Patience with waiting so long in Town before you took me by the Hand. I shall be ready to speak to you to-morrow, and inform you of the Business I am come down about."
At a Council held in the Council Chamber at Philadelphia, on Wednesday the 8th day of May, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President. William Logan, Thomas Cadwalader, Esquires. Lynford Lardner, James Tilghman,
Indians :
Killbuck, a Delaware Chief,
Nanticoke John,
Kellalamind, or John,
Stephen Calvin, of New Jersey, Interpreter.
The Interpreter being ordered to let Killbuck know the Council. were ready to hear him, he spoke as follows, Viz* :
" Brothers :
" I am glad to see you in this place, where our fore Fathers used. to hold their Treaties. I think the Almighty hath appointed this Day for us to converse together. I pray you will listen to our Bro -. ther, New Comer, who has sent me to speak to you.
" With this String of Wampum I wipe your Eyes, that you may see more clearly and perceive what I am going to say.
" Brothers :
" There have been many evil Reports spread abroad. I am now. going to tell you the Truth.
A String.
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"Brothers :
"I think the Council Fire which was first kindled between our fore Fathers, is almost gone out, and I am now going to collect the Brands Ends together, that the Fire may be re-kindled and burn bright and clear, that all our Friends may see we are consulting to- gether for our common good.
" Brothers :
" It was antiently agreed between our Ancestors that no small Differences between our People and yours should break the Chain of Friendship. About two years ago a Quarrel happened between one of your young Men and one of my People, in which the White Man was killed. The Indian has lately been taken, and I have him now in Confinement, and will deliver him up whenever it shall be required. In confirmation of which, I give this Belt of Wampum.
A Belt of six Rows.
" Brothers :
" About four Years ago two Indians came down to Muskingham with Joe Peepy, whose Business was to persuade us Indians to wor- ship the Great God in their way. This was very pleasing to me, and I have ever since kept it in my Heart. They informed me they had lately come from Beyond the Great Waters, where the Great King lives. Now, Brethren, I take this Opportunity of informing you that I design in about four Months to go with ten of my Peo- ple to see the Great King; and I, by this Belt, desire you will make it known to him that we are coming to speak to him, and to bring him good News; but as you are best acquainted with the Seas, and know better than I do when it will be proper for us to go, I will be down here whenever you think it will be the best Time for me to set out.
" Brothers:
" About four Years ago an Indian, either Isaac Still or Joe Peepy, brought me four Silver Medals, with a Belt of Wampum, and a Message in writing from Philadelphia, advising us to avoid the Drinking of Rum, and to search amongst the Goods which should be brought to us for the Rum Keggs, and whenever we found any, to stave the Keggs and throw the Rum into the River.
" Brothers :
"I think this advice was good; this Rum makes us Quarrel with one another, and with our Brethren, and makes us commit Mur- ders, and brings upon us all Manner of Mischief. I desire, there- fore, you will do every Thing in your Power to prevent the bring- ing of Rum amongst us, otherwise it will in a short Time be the Ruin of us.
A String of five Rows.
" Brothers :
At the Treaty of Fort Stanwix, I applied to Sir William Johnson for a Pass to go from my own Country to the Province of New
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Jersey, in order to bring with me such Indians of the Jerseys as should be willing to go with me and live with me in my Country. He accordingly gave me a Passport, and sent a Belt of Wampum to the Governor of Jersey, desiring him to give me Assistance in conveying away with me any Indians which might incline to go with me, and Governor Penn then promised me I should have free Liberty to pass through Pennsylvania for that Purpose. Now Bro- thers, I desire you will me your Assistance in this Matter. This, Brothers, is all I have to say at present.
At a Council held in the Council Chamber at Philadelphia, on Monday the 13th day of May, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President. William Logan, Thomas Cadwalader,
Lynford Lardner, James Tilghman, Esquires. Benjamin Chew,
Mr. Logan having, at the Request of the Board, prepared a Draft of an Answer to the speeches delivered by Killbuck in Council on the 8th Instant, the same was read, and a few Alterations being made to it, was approved, and odered to be fairly transcribed and delivered to the Indians in Council as soon as they shall return from the Jerseys. The said Answer follows in these Words, Vizt:
" The Answer of the President of the Council to Newcomer's Message.
" Brother :
" I am glad of this opportunity of taking you by the Hand, and bid you Welcome to this City, where our fore-fathers used at the beginning to meet and confer together. Old and new Friends, when they have not seen each other for a long Time, are rejoiced to meet again. This I assure you is now my Case towards you. " Brother :
" I was pleased with what you said to me the other day, here in Council. I now by this String wipe all the Dust from your Faces, and clear your Eyes that you may see, and desire you to attend to what I am going to say to you in Answer, and that you may under- stand me the better, I now open your Ears and cleanse your Throat and Stomack and clear a Passage to your Heart, and to remove all bad Reports and false Story's you may have heard, as I make no doubt there are many bad People in the Woods who carry you lies, on. Purpose to make you believe we are not your friends. You may always depend on my speaking the truth, and that what I say comes from my Heart.
A String.
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" Brother :
"I am very sensible our Council Fire has not for some time burnt so bright and clear as it did formerly. It has not been stir- red up of late so well as it used to be, But I am glad to find the Fire is not out. It is very strong at the Bottom; It only wants the Ashes to be raked off. I therefore, now heartily join you in uncovering it and removing the Ashes, and add fresh Fuel that we may warm and comfort ourselves by it, and make the Flames rise so high that our Indian Brethren may see the Height, and know we are sitting and conferring together in that Love and Friendship our fore Fathers used to do. I assure you I have al- ways kept fast hold of the Chain of Friendship, and now take both my Hands and rub off any Rust it may have contracted, and make it bright, and shall hold it as strong as ever. In assurance of which I give you this Belt.
A Belt.
" Brother :
"I now also join you in opening and clearing the Old Road be- tween us, that our good old fore fathers laid out and cleared, and remove not only every Log and Tree that may have accidently fallen across it, but every Stump, or Stone, or Thorn, that can any way obstruct our Passage in passing and re-passing to and from each other, or hurt our feet in our way, that we may travel it safe and easy.
A String.
" Brother :
"I heard of the accident you mention, of one of your People killing one of ours, and am glad you acted so honest a Part as to secure the Indian that did the mischief, and that you are ready to deliver him up when called for by me. This step shews me you are desirous of strictly keeping up a Friendship, and preserving Peace between us, that no sudden quarrel or accident should break a Link in our Chain of Friendship; In this you say right. It often hap- pens that by sudden accidents and Quarrels a Life is lost, and when this is proved on examination, and no premeditated ill-will or de- sign was the cause of the Person's Death, we should join in bury- ing the deceased decently, and in Peace, and forget it. How this Man's Case was I have not yet been informed Particularly from any of my People, but I will make a strict enquiry, and let you hear from me. I desire you, therefore, to keep the Indian safe in your Cus- tody 'till I have an opportunity of examining into the affair.
"Brother :
" I am glad to hear your account of the two Ministers' religious visit to you. They shewed by this Conduct that they had your eternal good at Heart. It is a great Satisfaction to me that you tell me what they said to you reached your Hearts, and that you are in- clined to have yourselves and your Children made acquainted with
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the Christian Religion, and be enabled thereby to worship the Great God; You say that you incline, in about four Months, to go with ten of your People over the great Waters to see the Great King, and desire that I will make it known to him that you are coming, and that I would advise you when it will be a proper Time for you to set out ; In answer to this, Brother, I must acquaint you that our great King has appointed Sir William Johnson his Superinten- dant of Indian Affairs, to hear all Matters that his Brethren, the Indians, may have to say to him, and to write to him about them. " It will, therefore, be proper for you to apply to Sir William Johnson on this Head, who you know to be a Friend to all Indians, and will no doubt hearken to you, and give you good advice on the Occasion. I would chearfully comply with'your Request if I could do it consistent with the Orders of the King, my Master ; but as he has appointed Sir William to to write to him on all affairs the In- dians have to communicate to him, I give you this Belt, and refer you to him on this Occasion, and shall write to him what you have said to me hereon.
A Belt.
" Brother :
" What you have told me of the great mischief arising from our Traders carrying Rum into the Indian Country, I know is too true, and I have always been sorry when I heard it. We have made Laws to prevent it, and have punished some severely who have carried it among You, It is very difficult to prevent bad men from carrying Rum to our Frontiers, or to find out those who do it; They always carry it pri- vately, and by stealth, as they know if it should be discovered by any of the Officers of my Government, it would be all taken from them, and they be sent to Prison. Governor Penn has been so un- easy about this Matter that he has laid it before his Assembly, and the Governors of the other Colonies have done the same, and they are now endeavouring to take some further Measures to put a stop to it. I promise you I will do every Thing in my Power to prevent it; but unless you will also join your Hands to help me, and refuse to buy it when it comes among you, it will be no easy matter wholly to hinder it. Our Traders say that your People will not trade with them if they do not bring some Rum with their Goods, and such as are so honest as not to carry it, say they cannot sell their Goods, but must stand still and see the dishonest Trader buy all the Skins from the Indians with their Rum, and thereby cheating them of them, and every Thing else they have to part with. This, Brother, is a very heavy, great Work to effect, and you must join me to do every thing in your Power to put a stop to it fully ; And by this Belt I desire you to be strong, help and assist me herein to prevent any further Mischief.
A Belt.
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" Brother :
" I desire you in my Name, to thank New-Comer for the Intel- ligence he has sent me in his Letter. You know, Brother, it was agreed between us and our Indian Brethren, from the Beginning, that whenever either should hear of any Mischief or Evil intended towards the other, that we should inform each other of it imme- diately. You may depend that I shall faithfully observe this on my Part, and I fully depend on all my Brethren, the Indians, giv- ing me the like Information if they should hear of any Indians in- tending to strike me, or do me any Mischief, that I may be on my Guard.
" Brother :
" I have now finished my Answer to Your Speeches delivered to us in Council last Week. I observed when you came to Town you were almost destitute of good Cloaths, that you had worn them out in coming through the Bushes on your Journey. I therefore desire you will accept of this small Present of Cloathing which I have pro- vided for you, as a mark of my good Will and Affection for You ; and I also desire you will take into your Charge and Care these other Goods, and deliver them to our good old Brother, New-Comer, as a Testimony of my particular Regard and Friendship for him.
"I now take my leave of you, as you desire to return home soon, . and wish You a good Journey."
It appearing by an authentic Copy of the last Will and Testament of the Honorable Richard Penn, Esquire, deceased, late one of the Proprietaries of this Province, transmitted from England, and re- eeived here last Week, that his Son, The Honorable John Penn, Esquire, succeeds to the Proprietorship of one fourth Part of the Province, the Board were of Opinion that an Alteration ought to be made in the Great and Lesser Seals; It is therefore ordered that the Name [Richard] which is engraven round the Circumference of each Seal, be erazed, and the Name [John]. engraven in its stead.
. At a Council held at New-Castle, on Wednesday the 5th day of June, 1771, for the Government of the Counties of New Castle, Kent, and Sussex, on Delaware.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President of the Council of Pennsylvania. 1.
William Armstrong, Esquire, Speaker of the Assembly of the Baid Counties.
Evan Rice, Esquire, President of the Court of Quarter Sessions of the Peace, &ca., for the County of New Castle.
Charles Ridgeley, Esquire, President of the Court of Quarter Sessions of the Peace, &ca., for the County of Kent.
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By the Departure of the Honourable John Penn, Esquire, (late Lieutenant Governor) to Great Britain, the Administration of the Government of the three lower Counties being, by an Act of As- sembly passed in the 9th Year of the Reign of Geo. 2d, devolved on and lodged in the President of the Council of Pennsylvania, the Speaker of the House of Representatives of the said Counties, and the three Magistrates who preside, or are first nominated in the Commission of the Peace for the three Counties of New Castle, Kent, and Sussex. The Honourable James Hamilton, Esquire, President, arrived at this Place yesterday in order to confer with those Gentlemen respecting the Exercise of the Powers of Govern- ment, and the Assembly having met on the third Instant, pursuant to adjournment, did this day send a Message to the President by a Committee of three members, acquainting him that their Speaker, Mr. John Vining, being dead, they had proceeded to chuse another in his stead, and had elected Mr. William Armstrong to be their Speaker, and requested to know whether the President and the Gentlemen joined with him in the Administration, had any Business to recommend to their Consideration; to which the President replied that they had no Matter of a Public Nature to communicate to the House which required their attention at this time.
The President and his Council taking into Consideration the steps proper to be taken by them in the Administration, thought it necessary as the first Act of Government, to issue a Proclamation for the continuance of all officers in their respective offices, which the Secretary immediately prepared, and the same being approved, was signed by the President and the Council, and a Warrant for affixing the Great Seal thereto was issued by the President, under his Seal at Arms. The Proclamation follows in these Words, vizt .:
" Counties on Delaware :
" By the Honourable JAMES HAMILTON, Esquire, President of the Council of the Province of Pennsylvania, with the Ad- vice and Consent of the Gentleman appointed by Act of As- sembly for the Administration of the Government of the Coun- ties of New Castle, Kent, and Sussex, on Delaware, pursuant to the Powers and Authority granted by the said Act.
"A PROCLAMATION.
" WHEREAS, The Honourable John Penn, Esquire, Lieutenant Governor and Commander-in-Chief of the said Counties, hath em- barked for Great Britain, and by his Absence the Exercise of the Powers of Government, by virtue of an Act of Assembly passed in the ninth Year of the Reign of His late Majesty George the second, is devolved on and lodged in the said President, the Speaker of the House of Representatives of the aforesaid Counties, and the three Magistrates who preside or are first nominated in the Commission
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of the Peace for the said three Counties of New-Castle, Kent, and Sussex, (as by the said Act more fully appears). We have there- fore thought fit to publish and declare, that all Persons whatsoever, who held or enjoyed any office of Trust or Profit in this Govern- ment by virtue of any Commissions in Force at the Time of the said Governor's Departure, and which Commissions have not since determined and expired, shall continue to hold and enjoy the same offices until they shall be determined by us, or some other sufficient Authority. And we do hereby command and require all Judges, Justices, and other officers whatsoever, in whom any Public Trust is reposed in this Government, that they diligently proceed in the Performance and Discharge of their respective Duties therein, for the Safety, Peace, and well being of the same.
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