USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 20
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" I am Your Excellency's most obedt hum. Servant, " ANTHONY PALMER.
" His Excelly""- GEORGE CLINTON, Esqr."
The Secretary laid before the Board the Draught of a letter to Governor Gooch & Governor Ogle, which was read & approved, & order'd to be sent forthwith by Express to those Governors :
" PHILADA., January 25th, 1747.
" Sir :
" I have the pleasure to inform You that the Indians seated on the Branches of Ohio, and to the South & West of Lake Erie (Places within the Bounds of Virginia, Maryland, & Pennsyl- vania), have this last Summer shewn great Zeal for His Majestie's Interest in those parts, & by their seasonable Declaration of War have prevented some very bad Designs of the Governor of Canada, which wou'd otherwise have taken Effect. This came to be known first by a Letter sent to this Government from some of the Six Nations & other Indians seated at Canayahaga, a Place on or near the river Conde, which runs into the Lake Erie, who send down a French Scalp in token of their having begun Hostilities against the French and their Indians. The Traders afterwards confirm'd this, with this further Circumstance, that the French Governor had sent the Hatchet to those Indians, and that they had rejected it, at the same time letting the French Governor know that they were heartily for the English, & wou'd fight for them & not against them. This determin'd our Government to give them all the Encouragement possible, & while they were deliberating in what manner to Convey to the Indians a quantity of Goods bought for their use, ten Warriors living at Ohio came fortunately to Phila-
190
MINUTES OF THE
delphia to remonstrate against the backwardness of the English, & to tell them plainly that unless they alter'd their Conduct the French wou'd soon be uppermost in their Parts. As they address'd themselves to the Governors of all the Provinces, & were told that they shou'd be made acquainted with their Complaints, the Coun- cil, in discharge of their Promise, & considering that Your Province is equally with ours expos'd to Danger, shou'd these Indians for want of proper Encouragement go over to the French, have thought it their Dnty to send You a Copy of the Treaty held with these Ohio Warriors, and of the Message of the Council & of the Answer of our Assembly, wherein they promise to enable the Council to fulfil their engagements of sending them a present by Mr. Weiser in the Spring, tho' they were then supply'd with a considerable quantity of Powder & Lead & Cloathing to help them thro' the Winter, & most earnestly request that You wou'd lay these Matters before Your Assembly, and recommend it to them to join with this Province & that of Virginia in making a Present to these Indians, and if it shall be thought proper that there may be appointed one or more Persons with full Power to join with Mr. Weiser in any Measures that may be there thought to be most conducive to the Publick Good.
"Mr. Weiser was order'd to accompany & take care of the Indians in their Return to Ohio as far as the Inhabited part of the Country, & from what pass'd between those Indians & Shickalamy, a Person of Character at Shamokin, who happen'd to be at Mr. Weiser's on their coming there, and likewise from what was said by the Prin- cipal Indian Scaiohady at parting with Mr. Weiser, of all which he wrote an Account which is Copied & sent herewith, I cannot think but the Person or Persons who go to Ohio may do extraordi- nary Service if they are well supported by an Union of the Southern Provinces, since they will thereby be enabled to give a larger Pre- sent & to distribute it among the Indians according to their Num- bers, Dispositions, & Influence, as the same shall appear to them upon the Spot.
"It may be expected that the French will use their Utmost En- deavours this Winter to corrupt the Indians; there is, therefore, a Necessity that this Present be sent to them early in the Spring; and as the time cannot be fixed until I shall receive your Answer I beg the favour of You to give this Affair, which is of so much Import- ance to the Peace & Safety of the Publick, all the Dispatch possible.
"I am, with perfect Esteem & Regard, "Your Excellency's most obedt Servant, " ANTHY. PALMER."
Captain Higginbotham having deliver'd in the State of his Case, the same was read in these words :
Charles Higginbotham's Case.
" 1737-2d May. The Deputy Surveyor of Baltimore County in
.
191
PROVINCIAL COUNCIL.
Maryland, by Order of the Governor & Judge of the'Land Office in Maryland, Survey'd to the said Charles Higginbotham a Tract of Land on the North side of Codorus Creek (then reputed in Balti- more, now reputed in Lancaster County) by Metes & Bounds con- taining 172 Acres.
" 1737-5th May. The Lord Baltimore, by Patent here produc'd, Grants and Confirms the said Tract of Land to the said Charles Higginbotham, his Heirs & Assigns for ever.
"1738-25th May. Ata Council held at Kensington, the Honoble. the respective Proprietors of Pennsylvania & Maryland laid before His most Excellent Majesty & Council their Certain Agreement for Settling Peace and Tranquility among the Inhabitants on the Bor- ders of their said Provinces, which was approved of by his Majesty & Council, & order'd to be carried into Execution.
" By the third Paragraph of the said Agreement all other Lands (besides the Lower Counties) in Contest between the said Proprie- taries, then possess'd by or under either of them, should remain in the Possession as they then were.
" And altho' the said Charles Higginbotham, before & at the time of the said Agreement between the Proprietors aforesaid, had a Grant & Patent for the same under Lord Baltimore, & by virtue of the said Agreement & Approbation & by Order of His Majesty & Council, ought peaceably to hold & enjoy the same until the Boun- daries of the Provinces shall be finally Settled, Yet a certain Nicholas Perie of Lancaster County hath enter'd upon the said Tract of Land & forcibly holds the same from the said Charles Hig- ginbotham, pretending to have a right from, or that he has Attorn'd Tenant to the Proprietors of Pennsylvania, tho' the said Charles is well inform'd he has no Warrant, Survey, or Patent for the same under the Proprietors of Pennsylvania.
"Wherefore the said Charles Higginbotham humbly prays the Advice & Assistance of the Honoble. the President & Council of the Province of Pennsylvania in the Premisses, & that the Articles aforesaid & Order of His Majesty in Council, so far as relates to his Case, may be carried into Execution.
" CHARLES HIGGINBOTHAM. "Philada., Jan'y. 23d, 1747."
The Board having Consider'd it order'd the Secretary to write to him the following Letter, and adjourn'd to the Afternoon :
"PHILADA., 25th Jan'y., 1747.
"Mr. Higginbotham :
"The Honourable President & Council having taken into Con- sideration the State of Your Case which You have left with me on Saturday Afternoon, command me to give You this Answer, That
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MINUTES OF THE
they will cause Nicholas Perie to be serv'd with a Copy of Your Complaint, & order him to attend them forthwith if You desire it, or if this may not suit You they have thought proper to appoint the first Tuesday in April, at which time both Parties will have an opportunity of being heard.
"I am, Sir, Your humble Servant, "RICHARD PETERS."
P. M.
PRESENT :
The Honoble. the President, & the same Members as in the Fore- noon.
The Secretary inform'd the Board that he had in pursuance of their Commands wrote the Letter to Captain Higginbotham ; but not finding him at his Lodgings he had not an opportunity of de- livering it, & pray'd their Orders what to do ; & just as he spoke a Servant came to tell the Council Captain Higginbotham waited without & desir'd admittance ; & being come in the Secretary read his Letter & afterwards deliver'd it to him. He thank'd the Coun- cil for giving him an opportunity of being heard in April, since he cou'd not stay now, & withdrew.
The following Letter to Governor Ogle being agreed to, the Presi- dent Sign'd it, & it was delivered to Captain Higginbotham :
" PHILADA., 25th Janry, 1747.
" Sir :
" I have the Honour of Your Letter of the 3d December by Cap- tain Higginbotham, who did not reach this City till Thursday last. On the Receipt thereof the Council was call'd and he order'd to attend ; & having related the Cause of his Complaints, the Board, least they should mis-conceive what he said, desir'd he wou'd get his Case drawn in Writing; which having done he presented it to the Council, & it appearing that one Nicholas Perie was in Possession of the Land he laid Claim to, he was told they wou'd order his at- tendence forthwith if he desired it; or if this would not suit him, they appointed the first Tuesday in April next for the hearing of both Parties, which last day he himself approved of.
After the Hearing I shall do myself the honour of writing to You further on this Subject. Being with perfect Esteem & Regard, "Sir, Your most obedient humble Servant,
"ANTHONY PALMER."
" His Excellency, SAMUEL OGLE, Esqr."
1
193
PROVINCIAL COUNCIL.
In the Council Chamber at Philada., 12th February, 1747.
PRESENT :
Thomas Lawrence, , Samuel Hasell, Esqrs. Abraham Taylor, Thomas Hopkinson, 1
The Minutes of the preceding Council were read & approv'd.
The President having inform'd the Board that he was prevented by Indisposition from waiting on them, they resumed the Consider- ation of Indian Affairs, and gave orders to the Secretary to prepare a Proclamation as full as possible against carrying Rum into the Indian Country, to be laid before them at the next Meeting. And it is their Opinion that Mr. Weiser shou'd be instructed to take the Proclamation with him under the Great Seal, & deliver it at the Treaty to the Indians, & make them sensible that by virtue thereof they have the remedy in a great measure in their own Power; & by staving the Casks they may throw such a discouragement on these Practices as will effectually prevent the future Sale of Rum amongst them. The Members then took into Consideration the List of Indian Goods thought by Mr. Lawrence & Mr. Logan proper to be sent with Mr. Weiser ; & the Secretary informing the Members that Mr. Weiser wou'd be in Town next Week, they postpon'd the further Consideration of the Present till they shou'd have consulted with him on the Subject.
The Associators having return'd some more Officers, the following Commissions were filled up, viz. :
Officers chosen for Philadelphia County.
John Hughes, Esqr., Capt". 2 Robert Dunn, Gent., Lieut.
Henry Pauling, Esqr., Captain.
Mathias Holstein, Gent., Lieut.
Frederick Holstein, Gent., Ens". S Hugh Hamilton, Gent., Ens".
Samuel Shaw, Esqr., Capt". Thomas York, Esqr., Capt".
Isaac Ashton, Gent., Lieut. Jacob Leech, Gent., Lieut.
John Roberts, Gent., Ens". S John Barge, Gent. Ens". - Jacob Hall, Esqr., Capt".
Joseph Levis, Gent. Lieut. William Finney, Gent., Ens". Officers chosen for Bucks County.
S
Alexander Graydon, Esq., Capt". ) Langhourne Biles, Esqr., Capt". ៛ Anthony Denormandie, Gent. { Garret Vanzant, Gent., Lieut. John Severns, Gent., Ens".
Lieut. James Barber, Gent., Ens".
Joseph Inslee, Esqr., Capt". Anthony Teate, Gent., Lieut. David Lawell, Gent., Ens".
George Bennet, Esqr., Capt". Garret Wyncoop, Gent., Lieut. Ralph Dunn, Gent., Ens .
S Richard Walker, Esqr., Capt".
Robert Walker, Gent., Lieut. William Davis, Gent., Ens". 7
VOL. V .- 13.
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MINUTES OF THE
Oficers chosen for Lancaster County. Hugh Patrick, Capt". Thomas McDowell, Lieut. Thomas Grubb, Ens". ? S
Officers chosen for New Castle County.
William McCrea, Esqr., Capt. David Bush, Esqr., Capt".
Alexander Moody, Gent"., Lieut. - John McKinley, Gent., Lieut. Francis Graham, Gent"., Ens". Henry Dyre, Esqr., Capt. Charles Bush, Gent., Ens". John Vance, Esqr., Capt". John Vandyke, Gent., Lieut. William Harraway, Gent., Ens". Alexander Porter, Esqr., Capt". James King, Gent., Lieut. Samuel Allricks, Gent., Ens".
Paul Allfree, Gent., Lieut. Jerrard Rothwell, Gent., Ens". David Steward, Esqr., Capt". Jerome Dusheene, Gent., Lieut. Isaac Dusheene, Gent., Ens". George Gano, Esqr., Captain. 1 Edward Fitzrandolph, Esqr., Capt".
James Egbertson, Gent. Lieut. Thomas Bennet, Gent., Ens".
-1 Alexander Chance, Gent. Lieut. Joseph Hotham, Gent., Ens".
As the President is frequently indisposed, & several Officers apply to take the Oaths to the Government, the Board think it might conduce to their Ease if the Secretary had a Dedimus to administer the said Oaths to such as shou'd apply, & therefore request the President to Grant a Dedimus to him for that purpose, & likewise a Dedimus to the Justices of the Peace of each County to administer the Oaths to the Officers of the respective Counties.
In the Council Chamber at Philada., 18th February, 1747. PRESENT :
Thomas Lawrence,
Robert Strettell,
Benjamin Shoemaker, Joseph Turner, Esqrs.
Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read & approv'd.
The Secretary laid before the Board a Draught of a Proclama- tion, which was read, & having approv'd it, they directed him to transcribe it in order to be sign'd by the President, & Publish'd with the usual Solemnity.
" By the Honoble. the President & Council of the Province of Penn- sylvania. " A PROCLAMATION.
1
" Whereas, by several Acts of Assembly of this Province, the Selling of Rum to the Indians is prohibited under severe Penalties, & particularly by an Act of the 12th of King William it is enacted as follows : 'That all Rum, Brandy, or other Strong Liquors that shall be carried, or offer'd to Sale or Disposal to or at any of the
195
PROVINCIAL COUNCIL.
Indian Towns or Habitations within the Bounds of this Province, shall be forfeit, and it is hereby declared to be forfeit, one-third to the Governor & two-thirds to such Person or Persons as shall seize the same; and all Persons (as well Indians as others) are thereby impowered to seize & secure all such Rum, Brandy, & other Strong Spirits so found at any Indian Town or Settlement as aforesaid ;' And by another Act of the 8th Year of the late King George the first, it is (among other things) enacted ' That no Person whatso- ever, otherwise than is therein declared, shall Sell, Barter, or give to any Indian or Indians, or to any other Person for their use, nor by any Means directly or indirectly furnish or cause to be furnish'd any Indian or Indians with any Rum, Wine, or other Strong Li- quors, mixed or unmixed, under the Penalty of Twenty Pounds for each Offence, one-half to the Governor for support of Government, & the other half to the Informer or such Person or Persons as will sue for the same.' And further, ' That in Case any Rum or other Strong Spirits, above the quantity of one Gallon, be carried amongst the Indians at their Towns, or beyond the Christian Inhabitants, the Person carrying the same, or he in whose possession the same shall be found, shall forfeit- & pay the Sum of Twenty Pounds to the Uses aforesaid.' And further, 'That no Person or Persons whatsoever after the first Day of August then next following, under the Penalty of Twenty Pounds for the uses aforesaid, shall Trade or Traffick with any Indian for any Commodity whatsoever, but at their own Dwelling Houses and Places of Residence with their Families, within some settled Township of this Province, without being first recommended to the Governor for his Lycence by the Justices of the County Courts of Quarter Sessions where he resides, or the next Quarter Sessions within this Province to the Place of such Residence ; and that no Person shall be so Lycenced without first giving Bond in the said Quarter Sessions, with one or more substantial Freeholders of the same County, to be bound with them in the Sum of One hundred Pounds, condition'd that he will duly observe the Laws of this Province for regulating the Trade with the Indians, which Recommendations & Lycences shall be renew'd an- nually in the manner before directed; and shall further, by his Oath or Affirmation, oblige himself that he will not directly or in- directly sell or dispose of any Rum or other Spirits, mixed or un- mixed, to any Indian.'
" And Whereas, frequent Complaints have been made from time to time, & of late earnestly renewed, that divers gross Irregularities & Abuses have been committed in the Indian Countries by means of the great Quantities of Strong Liquors which are every Year brought & Sold amongst them, contrary to & in contempt of the said Laws, & that many of the Indians by being intoxicated & drinking to excess of those Liquors are not only most grossly im- posed upon & cheated in their Bargains, but are also thereby in- flam'd to such a degree as actually to destroy many of their own Lives & greatly to endanger the Lives of others; We have, there-
-
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MINUTES OF THE
fore, thought fit, for the future prevention of such Disorders as far as in Us lies, to publish this Proclamation, strictly Charging & Com- manding That no Person or Persons do hereafter presume to trade with the Indians, without first obtaining a Licence from the Gover- nor or Commander-in-Cheif for the time being, according to the di- rections given in the said. Act of Assembly ; & We do hereby also strictly enjoin the Magistrates of the several Counties within this Province, and especially those of the County of Lancaster where these abuses are mostly carried on, to be very vigilant & careful in the Discharge of the Duties required of them by the said Acts of Assembly, & in particular to demand such Lycence of all Persons travelling with goods to trade with the Indians; and to make or cause diligent Search to be made for any Quantity of Rum or other strong Liquors exceeding the quantity allowed by Law which they shall have reason to suspect is carrying to the Indians. And for the more effectual detecting & suppressing the abuses aforesaid, We do further earnestly recommend it to the said Magistrates to give all due Countenance & Encouragement to the Persons who shall ap- ply or can give Information against those who have been or shall hereafter be guilty of carrying or vending Rum & other strong Li- quors amongst the Indians contrary to the said recited Laws or any of them. Moreover, in as much as by the said Act of Assem- bly of the 12th of King William, all Rum, Brandy, & other Spirits, carryed into any of the Indian Towns, are declared to be forfeit, one-third to the Governor and the other Two-thirds to the Persons seizing the same, We do hereby give full Power and Authority to any Indian or Indians to whom Rum or other Strong Liquors shall hereafter be offer'd for Sale contrary to the said Laws, to stave & break to pieces the Cask or Vessel in which Rum or other strong Liquors is contain'd, without being accountable to Us for the Gov- ernor's third Part; And for the better Encouragement of all Per- sons to give in Informations & prosecute the Offenders against any of the said Laws, We do hereby further declare that the said In- formers shall have & recieve to their own Use the whole Penalties & Forfeitures incurred by & to be recover'd of the Persons against whom they shall so inform, as well the Parts & Shares allotted by the said Laws to the Informer, as to those given to the Governor or Commander-in-Chief, for the time being.
"Given at Philadelphia, under the Great Seal of the said Province, the 18th Day of February, in the Twenty-first Year of the Reign of our Sovereign Lord, George the Second, by the Grace of God of Great Britain, France, & Ireland, King, Defender of the Faith, &c., Annoqz Dom., 1747.
" By Order of the President & Council,
" ANTHONY PALMER, Presid'
" RICHARD PETERS, Secretary.
"GOD SAVE THE KING."
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PROVINCIAL COUNCIL.
Mr. Weiser, attending, was call'd in, & after much Deliberation the Present to the Indians was Settled as follows :
18 Barrells of Gunpowder - @ £9 10s. 20 cwt. Barr Lead, viz., 10 cwt. @, 45s. & 10 cwt. @, 42s.
£171 0 0
40 Guns - -
@ 30s.
43 10 0 60 0 0
16 P. Duffels, 15 P. @@ £13 10s., & 1 P. @ £14 10s. -
217 0
0
50 Doz. Knives, sorted -
-
-
24 5
0
6,500 Flints
4 11 6
341 Garlix Shirts, with making & thread
105 12
100 Ozenbrig's Do. with Do. -
29
0
1 0
20 Groce Gartering -
25
5 0
15 lbs. Vermillion
11 16 10% 48 1 7
9 Doz. & 4 Looking Glasses
7 11 0
30 Brass Kettles, wht. 55$ 1b.
@ 4s.
11
2
0
20 Doz. Indian Hatchets
18s.
18
0
0
14 Groce Rings
-
4₺ Groce Medals -
-
-
20s.
2
0
0
35 Ps. Ribbon -
.
2₺ lbs. Beads -
6s.
0 15
0
4 Doz. & 10 Dutch Pipes -
2 11 0
1 doz. jointed Babys -
-
-
0 15 0
£828
8 0%
Charges paid on said Goods, viz. .
Paid Porterage of said Goods from Trenton
- ££0 3 0
Paid James Livingston Freight of Goods from Brunswick 3 12 0
& for a Trunk for Conrad Weiser's Use Paid Cutlob Hill & Jacob Wyer, Car- riage of Goods to J. Harris' - - Paid hawling the Powder to the Pow- der House -
13 16 0
0 2 6
Paid for 56 1b. of Rice for C. Weiser's Use, 11s. 8d. & bag 3s. 6d. - - Paid William Hodge for Tobacco
0 15 2
0 16 3
Paid Fra. Manny for a Hammock for Conrad Weiser
1 7 10
Paid for 3 half Barrels, 3 Cags, & 1 Box - 1 2 6
22 7 3
£850 15 3}
-
-
10 P. Half thicks -
-
-
10 10 0 6
0 0
2 Groce Awl Blades -
29
2 0
-
-
0 12 0
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MINUTES OF THE
1 And Mr. Lawrence & Mr. Shoemaker & Mr. Logan are appointed a Committee to purchase them at the easiest Rates & with the ut- most Expedition, that they may be ready to be sent to Lancaster as soon as the Roads will admit.
At a Council held at Kensington the 26th February, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell,
Abraham Taylor, Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read and approv'd.
A Letter from Mr. Shirley to the President was read :
" BOSTON, February Ist, 1747.
" Sir:
"I am favour'd with Your's in answer to mine upon the Article of sending Commissioners to treat with those from this Government, New York, & Connecticut, and another inclosing an Application to me from Yourself & other Gentlemen of the Association in Your Province for the Loan of some Cannon; the Request of which last I am extremely sorry it is not in my power to answer, as You will perceive, Sir, by the present State of His Majesty's Warlike Stores here, which I shall give You an account of.
" Upon the Expedition against Cape Breton I was oblig'd to take eight battering Cannon of twenty-two Pound Shot & eight of nine Pound, with three Mortar's, their Carriages & Implements, out of his Majesty's Castle William, the Principal Fortress & Key of this Province, & to send them to Louisbourg, where three of the Mortars & all the eight large Cannon were either burst or render'd so un- serviceable as to be fit for nothing but Ballast, & for that Reason they were never return'd to the Castle. And since this I have been oblig'd to erect a new Battery upon an Island over against Castle William, in order to prevent the Enemy from Landing Mortars or Cannon there to annoy our Works at the Castle, so that by this means we want Cannon here to fill up the Gap at Castle William & have not a sufficient Number of proper Cannon to mount our new Battery with, & the Batteries of the Town of Boston are still worse supply'd with Ordnance.
" I do assure You, Sir, it would have given me great pleasure to have answer'd the good Opinion of me which You and the other Gentlemen do me the Honour to express in their Letter, by sending the Cannon You desire, and I beg the favour of You to make them sensible that it is not in my Power to do it.
199
PROVINCIAL COUNCIL.
" I am sensible what Danger there may be at this critical junc- ture of the Indians being turn'd against us by the Artifice & Insti- gation of the French, and for that reason most ardently wish the several Colonies may unite in an imediate Expedition against the French Fort at Crown Point, which would be the most effectual Means of fixing the Indians of the Six Nations & other Tribes [in their Dependence or Alliance] in the English Interest, & securing ourselves from the Ravages & Depredations of the Enemy. But shou'd we be so unhappy as not to agree to make so necessary an attempt, & Your Province shou'd feel the bad Consequences of it, You may depend upon it that it shall want no Succour or Assist- ance which may be in my Power to afford You upon any Emer- gency. And when the two Guardships of this Province are fitted out & go upon their Cruises, I will take care to give the Commanders of them Orders to protect Your Coast & River as much as is consist- ent with the Service to which they are appointed.
"I heartily wish the Gentlemen of Your Association Success in the Defence & Protection of their Country, & that Your Assembly may soon emulate their Publick Spirit; being with sincere wishes for the Prosperity of Your Province & a most real regard for your- self,
"Sir, Your most obedient, humble Servant, "W. SHIRLEY.
" The Honoble. ANTHONY PALMER, Esq"."
The Translation of two Letters from Don Francisco Caxigalde De La Vega, Governor of the Havannah, to the President, deliver'd him by Captain George Davis, was read in these words :
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