USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 9
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" First. The Government of Quebec, bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St John to the South end of the Lake nigh Pissin ; from whence the said Line crossing the River St Lawrence and the Lake Champlain, in Forty-five degrees of North Latitude, passes along the high Lands which divide the Rivers that empty themselves into the said River St Lawrence from those which fall into the Sea; And also along the North Coast of the Bayedes Chaluers and the Coast of the Gulph of St
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Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St. Lawrence by the West end of the Island of Anticosti, terminates at the aforesaid River of St. John.
" Secondly, The Government of East Florida, bounded to the' Westward by the Gulph of Mexico & the Apalachicola River ; to the Northward, by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the Source of St. Mary's River, and by the Course of the said River to the At- lantick Ocean ; and to the Eastward and Southward by the Atlantick Ocean, and the Gulph of Florida ; including all Islands within Six Leagues of the Sea Coast. 0
" Thirdly, The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast from the River Apalachicola to Lake Pontchatrain ; to the Westward by the said Lake, the Lake Mauri- pas, and the River Missisippi, to the Northward by a Line drawn due East from that part of the River Missisippi which lies in 31 Degrees North Latitude, to the River Apalachicola or Cotahouchie ; & to the Eastward by the said River.
" Fourthly, The Government Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Domnico, St. Vincents, and Tobago.
"And, to the end that the open and free Fishery of our Subjects, may be extended to and carried on upon the Coast Labrador and the adjacent Islands, We have thought fit, with the advice of our said Privy Council, to put all that Coast from the River St. Johns to Hudson's Streights, together with"the Islands of Anticosti and Madalaine, and all other smaller Islands lying upon the said Coast, under the care and inspection of our Governor of Newfoundland.
"We have also, with the advice of our Privy Council, thought fit to annex the Islands of St Johns & Cape Breton or Isle Royal, with the lesser Islands adjacent thereto, to our Government of Nova Scotia.
" We have also, with the advice of our Privy Council aforesaid, annexed to our Province of Georgia, all the Lands lying between the Rivers Altamaha & St. Mary's.
" And Whereas, it will greatly contribute to the speedy settling our said new Governments, that Our loving Subjects should be in- formed of Our paternal Care for the Security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We. have thought fit to publish and declare, by this, Our Proclamation, that We have, in the Letters Patent, under our Great Seal of Great Bri -. tain, by which the said Governments are constituted, given express. Power and Direction to our Governors of our said Colonies respect- ively, that so soon as the state and Circumstances of the said Colo- nies will admit thereof, they shall, with the advice & consent of the members of Our Council, summon & call General Assemblies within the said Governments respectively, in such manner & form VOL. IX .- 6.
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as is used and directed in those Colonies and Provinces in America, which are under Our immediate Government; And We have, also, given power to the said Governor, with the consent of Our said Councils, and the Representatives of the People, so to be summoned as aforesaid, to make, constitute, & ordain Laws, Statutes, and Or- dinances, for the Publick Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, & under such Regulations & Restrictions as are used in other Colonies ; And in the mean time, & until such Assemblies can be called, as aforesaid, all persons inhabiting in, or resorting to our said Colonies, may confide in Our Royal Protection for the Enjoyment of the benefit of the Laws of Our Realm of England; for which purpose We have given power, under our Great Seal, to the Governors of our said Co- lonies respectively, To erect & Constitute, with the advice of our said Councils respectively, Courts of Judicature & Publick Justice within our said Colonies, for the hearing & determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in Our Privy Council.
" We have also, thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of Our said Three New Colonies upon the Continent, full Power and Authority to settle and agree with the Inhabitants of our said New Colonies, or with any other Persons who shall resort thereto, for such Lands, Tenements, & Hereditaments, as are now, or hereafter shall be in our Power to dispose of, and them to grant, to any such Person, or Persons, upon such Terms, and under such moderate Quitrents, Services, & Acknowledgments, as have been appointed and settled in our other Colonies, and under such Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and Settlement of Our said Colonies.
" And Whereas, We are desirous, upon all Occasions, to testify Our Royal Sense and Approbation of the Conduct & Bravery of the Officers and Soldiers of Our Armies, and to reward the same, We do hereby command and impower Our Governors of Our said Three New Colonies, and all other Our Governors of Our Several Pro- vinces on the Continent of North America, to grant, without Fee or Reward, to such reduced Officers as have served in North Amer- ica during the late War, and to such private Soldiers as have been, or shall be disbanded in America, and are actually residing there, & shall personally apply for the same, the following Quantities of Lands, subject, at the expiration of ten Years, to the same Quit- rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultiva- tion and Improvement, viz *:
"To every Person having the Rank of a Field Officer, Five
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thousand Acres ; To every Captain, Three thousand Acres ; To every Subaltern, or Staff Officer, Two thousand Acres ; To every Non- Commission Officer, Two hundred Acres ; To every private Man, fifty Acres.
" We do likewise authorize and require the Governors & Com- manders-in-Chief of all Our said Colonies, upon the Continent of North America, to grant the like quantities of Land, and upon the same Conditions, to such Reduced Officers of our Navy of like Rank, as served on Board our Ships of War in North America, at the times of the Reduction of Louisburg and Quebec in the late War, and who shall. personally apply to our respective Governors for such Grants.
"And Whereas, it is just and reasonable, and essential to Our Interest & the Security of Our Colonies, that the several Nations or Tribes of Indians with whom We are connected, & who live under Our Protection, should not be molested or disturbed in the posses- sion of such parts of Our Dominions & Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds ; We do, therefore, with the advice of our Privy Council, declare it to be Our Royal Will and Plea- sure, that no Governor or Commander-in-Chief of any of Our Colo- nies of Quebec, East Florida, or West Florida, do presume, upon any pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions ; as also, that no Governor or Com- mander-in-Chief in any of our other Colonies or Plantations in America, do presume, for the present, and until Our further plea- . sure be known, to grant Warrants of Survey, or pass Patents, for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantick Ocean from the West & North West, or upon any Lands whatever, which, not having been ceded to, or pur- chased by Us, as aforesaid, are reserved to the said Indians, or any of them.
"And We do further declare it to be our Royal Will & Pleasure, for the present as aforesaid, to reserve under Our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three New Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands & Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West, as aforesaid; And We do hereby strictly forbid, on pain of Our dis- pleasure, all our loving Subjects from making any purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial Leave and Licence for that purpose first obtained.
" And We do further strictly enjoin and require all Persons whatever, who have either wilfully or inadvertently seated them- selves upon any Lands within the Countries above described, or
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upon any Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to. remove themselves from such Settlements.
"And Whereas, great Frauds and Abuses have been committed in the purchasing Lands of the Indians, to the great prejudice of our Interest, and to the great Dissatisfaction of the said Indians ; in order, therefore, to prevent such Irregularities for the future, & to the End, that the Indians may be convinced of our Justice and determined Resolution to remove all Reasonable Cause of Discon- tent, We do, with the advice of our Privy Council, strictly enjoin and require, that no private Person do presume to make any pur- chase from the said Indians of any Lands reserved to the said In- dians, within those parts of our Colonies where We have thought proper to allow Settlement, but that if at any time any of the said Indians should be inclined to dispose of the said Lands, the same shall be purchased only for Us, in Our Name, at some publick. Meeting or Assembly of the said Indians, to be held for that pur- pose, by the Governor or Commander-in-Chief of Our Colonies, respectively, within which they shall lie, and in case they shall lie within the Limits of any Proprietary Government, they shall be purchased only for the use and in the Name of such Proprietaries, conformable to such Directions & Instructions as We or they shall. think proper to give for that purpose; And We do, by the advice of Our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all Our Subjects whatever, pro- vided that every person who may incline to Trade with the said: Indians, do take out a Licence for carrying on such Trade, from the Governor or Commander-in-Chief of any of our Colonies, respectively, where such person shall reside, and also give security to observe. such Regulations as We shall at any time think fit, by Ourselves or by Our Commissaries, to be appointed for this purpose, to direct & appoint for the Benefit of the said Trade; And We do hereby Authorize, enjoin, & require the Governors & Commanders-in-Chief of all Our Colonies, respectively, as well those under our immediate Government as those under the Government & Direction of the Pro- prietaries to grant such Licences without Fee or Reward, taking especial care to insert therein a Condition, that such Licence shall; be void, and the security forfeited, in case the person to whom the same is granted shall refuse or neglect to observe such Regulations: as We shall think proper to prescribe, as aforesaid.
" And we do further express, enjoin, and require all officers what; ever, as well military as those employed in the management & di- rection of Indian Affairs, within the Territories reserved as afore- said for the use of the said Indians, to seize and apprehend all persons whatever, who, standing charged with Treasons, Misprisions of Treason, Murders or other Felonies or misdemeanors, shall fly from Justice & take refuge in the said Territory, and to send them, under a proper Guard, to the Colony where the Crime was commit-
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ted of which they stand accused, in order to take their tryal for the same.
"Given at Our Court at St. James's the Seventh day of October, one thousand seven hundred and sixty-three, in the Third Year of Our Reign.
"And Whereas, a Copy of the said Proclamation hath been transmitted to me by the Right Honourable the Lords Commission- ers of Trade & Plantations, who have also signified to me His Majesty's Royal Will and Pleasure, that the same should be pub- lished in the several parts of my Government, to the End that all His Majesty's Subjects there may pay due Obedience thereto, and strictly observe the same. I have, therefore, in Obedience to the said Royal Order, signified to me as aforesaid, with the advice of the Council, caused the said Proclamation to be this day published, and do hereby strictly charge and command all His Majesty's Subjects within this Province to take notice of His Royal Will & Pleasure therein made known, & to conform themselves thereto accordingly.
" Given under my hand and the Great Seal of the Province of Penn- sylvania, at Philadelphia, this Eighth day of December, in the Fourth Year of His Majesty's Reign, And in the Year of our Lord one thousand seven hundred and Sixty-three.
"JOHN PENN.
" By His Honour's Command,
" JOSEPH SHIPPEN, Jun"-, Secretary. "GOD SAVE THE KING."
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At a Council held at Philadelphia on Saturday the 10th Decem- ber, 1763.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Shoemaker, William Logan, logan, }Esq™ Richard Peters,
Papounan, a Mohickon,
John Curtis, Nanticoke,
Indians from Wighalousin.
Job Chilloway, Delaware,
The Governor addressed himself to Papounan & the others, & spoke as follows :
" Brethren :
"Every thing you said to me at your last Meeting has been well considered, and is very agreeable to me. I return you my thanks for it, and particularly I think myself obliged to John Curtiss, for the dispatch & care wherewith he has executed my Message." A String.
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" Brethren :
" You have behaved like Persons who are sensible of the Engage- ments they are under, to perform faithfully all that they have pro- mised in their publick Treaties of Peace and Friendship.
" Were we to enter into the particular Cruelties and the number of barbarous Murders committed against our Inhabitants, at a time when they thought all was ended, it would astonish you. But as you have expressed yourselves determined to forget every thing of this Nature, and we see by your good Speeches you have good Dis- positions, we shall not on our part mention any of these disagree- able matters, but, so far as you are concerned, pass them by with- out any further Notice at present ; and by this String we bury them and cover them out of sight."
A String of 4 Links.
" Brethren :
"Newoleka did well to be so open in telling you all that was upon his Mind, and We shall take the first Opportunity that offers, to send a Message to him. We thank you for your care in delivering to us what Newoleka said to you."
I now address myself to Papounan.
"Brother Papounan :
" I shall wait with patience for the answer of the Nanticokes & the other Indian's to the Message I sent by Jnº Curtiss. But you know that you and Our Brethren at Wighalousin, to consider and advise what method would be best to be taken for the Security and Protection of you and all other Indians as are against the War, and desirous that there should be between us and them a continuance of mutual good Offices, and of every thing that becomes good Friends and Brethren.
"I therefore now request you to let me know what you think should be done in this matter, which will not admit of longer delay, and likewise that you would tell me, if you can, who these Enemy Indians are, who are committing the present Ravages and Murders upon the Frontiers ; And as I look upon you to be my Friend, I · desire you will open your Heart very freely to me, & tell me what are their Reasons for so doing."
Papounan, after retiring for half an hour to consider of an An- swer to the Governor's Questions, spoke as follows :
"Brother :
" I can scarcely find what to say in answer to my Brother. As to my own part, I can't answer for the Behaviour of any of the Indians who live to the Westward at and about Allegheny, and in the Seneca Country ; What I know is chiefly respecting some of the Delawares & Munseys. As to ourselves and the few Indians in my Neighborhood, who speak but one Language, the Delawares & Munseys, I know their Minds.
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"Since the last War, when we entered into our Treaties of Friend- ship, We, the Indians on this side Allegheny, then thoroughly . purged & cleaned ourselves, and buried all the Blood that was Spilt.
" After the English built the Forts & Garrisoned them, the In- dians became uneasy & they and the English begun to kill each other, And tho' we intended to live in Friendship, agreeable to our Treaties, yet whenever our people went a hunting, they were killed by the Soldiers.
" After the Friendly and good Speeches were delivered at the Treaties, we on the Susquenanna were inclined to live in Friend- ship with the English, & our people, on the strength of those friendly Speeches, went a Trading and Hunting towards the Allegheny, and the Soldiers there, not knowing our good Intentions, killed our people, on which some of the Indians at Allegheny came and fell on the People on the Frontiers ; this made some of your Soldiers at Augusta and Fort Allen kill some of our Indians, who are your Friends.
" It gives me pleasure to tell my mind to my Brother the Gov- ernor, as he has spoke so favourably and kindly to me.
" Brother :
"I will now acquaint you what I have heard with my own Ears, and not from Hearsay. The Indians say that notwithstanding the English have entered into a Treaty of Peace, their people still con- tinue to kill our People ; they dont understand this Conduct, and are therefore determined to strike the English themselves, & if af- ter they have struck them, the English declare themselves willing to live in Friendship, we shall then believe them.
" Now I will tell you what a Company of the Warriors (the Mun- seys) who are now striking you, said to me, on my coming away. ' Now Brothers, you are going down among your Brethren, the En- glish, I and all the Warriors should be very glad to know whether they treat you kindly or not, and how you are used.
" And now, Brother, I am exceedingly obliged to you that you have received me so kindly, and spoke so favourably to me, & I should be glad you will let me return to the Indian Country, that I may let the Indians there know how friendly I have been re- ceived, and that I may make them acquainted with what you have said on those two things; And I desire you will convoy me safe thro' the Inhabitants.
" Brother :
"In answer to your desire to know of us in what manner we and those friendly Indians we have left behind, proposed to live in Security, We now tell you that we have not any better method to take for the security of all such Indians as are friendly disposed to you, than to invite them in as you have done us. The Message you sent us on this account, by Jnº. Curtis, was not delivered to us in
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the manner you now mention, it was told to us that you desired we should come in, & we came accordingly. Had it been delivered in the manner you mention for us to consider this matter in our Indian Council, we should have done it, but it was not.
" Brother :
".You desired me to inform you what steps can be taken to secure our friendly Indians from being hurt by your Warriors; for my part I can't think of any, & I desire your advice & assistance ; and particularly that you will not suffer any of your young Men or Soldiers to hurt Newoleka, or any of his people, as he is your hearty friend, and was one of the first Indians who took hold of the Belt of Friendship last War.
"Brother :
"I have laid open my heart to you, & have informed you of all that I have heard, on account of your kind usage to us.
" Now, Brother, I desire you will take pity on me, and not con- fine me in your Gaol on account of any false Reports or Stories that you may hear, as you have done one of our Brethren, who is now confined here. I am very glad to find the Governor takes pleasure in hearing me, and thank him for it; But I have now finished what I had to say."
At a Council held at Philadelphia, on Monday, the 19th Decem"", 1763.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Shoemaker,
William Logan, Esq™s.
Richard Peters, Benjamin Chew, S
The Governor laid before the Board an Address from the Cones- togoe Indians, congratulating him on his Arrival, praying the Pro- tection of the Government, & complaining of some Encroachments made on the Lands reserved for them, & desiring that they might be furnished with Provisions as usual, which was read, and is as follows, viz *:
" To the Honouralle JOHN PENN, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province of Pennsylvania, &ca., &ca.
" Brother :
" We (the Conestogoe Indians) take the present opportunity, by Capt" Montour, to welcome you into this Country by this String of Wampum, and as we were settled at this place by an Agreement of Peace and Amity established between your Grandfathers & ours,
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We now promise ourselves your favour and protection, and as we have always lived in Peace and Quietness with our Brethren & Neigh- bours round us during the last & present Indian Wars, We hope now, as we are deprived from supporting our Families by hunting, as We formerly did, you will consider our distressed Situation, & grant our Women and Children some Cloathing to cover them this Winter. The Government has always been kind enough to allow us some Provisions, and did formerly appoint People to take care of us, but as there is no person to take that upon him, & some of our Neighbours have encroach'd upon the Tract of Land reserved here for our use, We would now beg our Brother the Governor to appoint our Friend Captain Thomas M'Kee, who lives near us and under- stands our Language, to take care, and see Justice done us.
"SOHAYS, M his Mark. "INDIAN, M his Mark. or CUYANGUERRYCOEA,
his "SAGUYASOTHA, Mor JOHN. Mark.
" Conestogoe, Nov". 30th, 1763."
The Governor having received, on Friday last, a Letter, dated the 14th Instant, from Edward Shippen, Esq"-, at Lancaster, ac- quainting him that a Party of Armed Men had that Morning mur- dered Six of the said Conestogoe Indians at their Town, laid the same before the Board, which was read, viz“ :
A Letter to the Governor from Edward Shippen, Esquire.
" LANCASTER, 14th December, 1763, Evening. " Honoured Sir :
" One Robert Edgar, a hired Man to Captain Thomas M'Kee, living near the Borough, acquainted me to day that a Company of People from the Frontiers had killed and scalped most of the In- dians at the Conestogoe Town early this Morning ; he said he had his information from an Indian boy who made his Escape; Mr. Slough has been to the place and held a Coroner's Inquest on the Corpses, being Six in number; Bill Sawk and some other Indians were gone towards Smith's Iron Works to sell brooms; but where they are now we can't understand ; And the Indians, John Smith, & Peggy, his Wife, and their child, and Young Joe Hays, were abroad last night too, and lodged at one Peter Swar's, about two miles from hence; These last came here this afternoon, whom we acquainted with what had happened to their Friends & Rela- tions, and advised them to put themselves under our Protection, which they readily agreed to; And they are now in Our Work House by themselves, where they are well provided for with every necessary. Warrants are issued for the apprehending of the Mur-
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derers, said to be upwards of fifty men, well armed & mounted. I beg my kind Complements to Mr. Richard Penn, & I am with all due Regards,
"Sir, Your Honour's Obliged "Friend, and most humble Servant, "EDWD. SHIPPEN.
" The Honble JOHN PENN, Esq", Governor."
Whereupon, the Council being moved with the cruelty & barbarity of the above action, & apprehending that the Indians who were settled at Conestogo were under the protection of this Government and its Laws, and that consequently the killing them without Cause or provocation, amounted in Law to the Crime of Murder, advised the Governor to write immediately to the Magistrates of the Coun- ties of York, Lancaster, & Cumberland, to exert themselves on this Occasion, and issue Warrants, & do everything in their power for the Apprehending all the Principals concerned in the said Crime, & their Accomplices, and securing them, that they may be brought to Justice, and further, that a Proclamation be issued, ordering all Officers of Justice to be aiding & assisting therein.
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