USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 23
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" And Whereas Nicholas Perie, one of the Persons living within the said Manor, hath now applied for a Confirmation of Two hun- dred Acres, part of the same where he is now Seated;
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"I Do hereby Certify that I will cause a Patent to be drawn to the said Nicholas Perie for the said Two hundred Acres (if so much can be there had without prejudice to the other Settlers) on the common Terms other Lands on the West side of Sasquehanna River are granted, so soon as the said quantity shall be Survey'd to him & a return thereof made to me.
"October 30th, 1736."
"THO. PENN.
After this was read, Mr. Grasshold inform'd the Council that this very man in the Year 1737 had been arrested by a writ issuing out of the Supreme Court of Maryland for refusing to hold this Land under Lord Baltimore; that he pleaded to the Jurisdiction of that Court; and that on the arrival of His Majestie's Order of Council for quieting People in their possessions, he was pursuant thereto Discharg'd on his Recognizance, & that he did not expect to be troubled a second time, as he was legally Discharg'd for the same reasons, & as he thinks, at the same time that Cressap was set at Liberty at Philadelphia by virtue of the said Order.
Charles Higginbotham was then Interrogated as to the fact set forth in the first Paper, viz., whether he, the said Nicholas Perie, had been in possession of the Tract of - Acres Patented to him, the said Charles Higginbotham, some Years before the Royal Order, & had continued in Possession ever since. Captain Higginbotham said, as to himself he had never been in possession nor any under him, & that he had never seen the said Land, & that he believed what the Man had set forth might be true, for before his the said Hig- ginbotham's, Patent issued, he remembers this Nicholas Perie was arrested on the said Tract & carried to Annapolis Jayl for refusing to hold under any Lord Baltimore, tho' his Land was Survey'd by a Maryland Warrant ; & to this Point he desir'd that as Collo White, now living in Philadelphia, was the then Surveyor in Baltimore County, he might be examin'd. Mr. Higginbotham had leave to go for Collo. White, but not finding him at home, & shewing an Incli- nation that he might be examin'd, the Board indulg'd him till ten a'Clock to-morrow morning.
At a Council held at Philada., 6th April, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President. Samuel Hasell, Abraham Taylor,
Robert Strettell, Joseph Turner, Esqrs.
Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read and approv'd.
Captain Higginbotham with Collo. White and Nicholas Perie, with
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the Interpreter Mr. Grasshold, attending without were call'd in, & the Secretary having read that part of the Minutes of yesterday which contain'd Captain Higginbotham's reply to Perie's Paper, Collo. White was interogated as to what he knew of the Survey or Possession of the Land included in Captain Higginbotham's Patent. He said he was Surveyor of Baltimore County in Maryland, & he or his Deputy had Survey'd Lands in that County, and that at the Instance of some Germans who had obtain'd Warrants from the Land Office at Annapolis, he or his Deputy had Survey'd Sundry Tracts for them in the upper Part of that County; that this Man, for ought he knew, might be one of those Germans, but he did not remember ever to have seen him; that those Germans, after the Survey of their Lands by Warrants from Lord Baltimore's Com- missioner of Property, refus'd to pay for them, being as they pre- tended within the Province of Pennsylvania, upon which Lord Baltimore afterwards gave him directions to return the Surveys of these Lands to any Person that wou'd apply for them; & that Captain Higginbotham's applying, he believes he might return the Survey of this Land to the Maryland Land Office for his use, & thereupon the Patent produc'd might issue; but he knows nothing in particular about this Tract or the possession thereof.
The Board directed the Secretary to search the Papers in his Ofice and to report the proceedings of the Supreme Court of this Government on the Receipt of His Majestie's Order, & whether there be any Copies of the proceedings of the Supreme Court of Maryland, from which it might appear that Nicholas Perie was dis- charge in the manner he has set forth.
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At a Council held at Philadelphia, 11th April, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
William Till,
Abraham Taylor,
Benjamin Shoemaker, Joseph Turner, Esqrs. Thomas Hopkinson, William Logan, -
The Minutes of the preceding Council were read & approv'd.
The following Letter which the President received from Sr. Wil- liam Gooch, in answer to the Council's Letter of the 25th January last, was read.
" WILLIAMSBURG, March 7th, 1748. " Sir :
" Your Packet of the 25th of January I did not receive till the date hereof, or You shou'd have heard sooner of the unhappy Cir- cumstances of this Colony on account of the Small Pox, which has.
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made the Calling an Assembly impracticable, we having no other place in the Government for us to meet at but this Town, where that Distemper has so lately prevail'd, and not yet quite finis'd its Course. However, Sir, I must acknowledge the Request You make is so just & equitable, considering the Share we shall have in the advantage of fixing the Ohio Indians steadfast in the British In- terest, that the 10th of next Month, when I expect the Gentlemen of the Council in Town, I shall recommend the contents of Your Letter to them, & am satisfied they will readily agree to send Your Honour something to encrease Your Presents. I trust this will not be too late; what may be resolved on it is impossible for me to foresee, as You have not given any Intimation concerning the Sum You hop'd for from us, which if you think proper to advertise me of, I shall do my endeavour that you may not be disappointed in so laudable an undertaking.
"I am, with perfect Esteem,
"Sir, Your most obedt. hum. Servant, " WILLIAM GOOCH.
" The Honoble. ANTHONY PALMER, Esqr."
Mr. Weiser, with Shikalamy & his Son attending, they were call'd in, & Shikalamy related to the Board that an Indian, a Mem- cer of the Council of the Six Nations at Onondago, was sent to him with a Message from the Council to inform him that they were come to a Resolution of sending some of their old Men to Phila- delphia to treat about some Business of Consequence, & particularly about the appointment of a proper Person to succeed Olomipas the King of the Delaware Indians, lately deceas'd at Shamokin ; he said further : The Speaker of the Ohio Indians had staid all Win- ter with the Nanticoke Indians at their Town, Situate at the mouth of Juniata, and in his return home had call'd at Shamokin, & during his stay there he & his Son had several free Conversations with him about the Concerns of the Indians at Ohio & about Lake Erie, in which he told them that those Indians had not taken up the Hatchet, nor wou'd not do it without consulting with the Six Nations, to which they belong'd; a particular Tribe of Indians, call'd had indeed began Hostilities, but none of these In- dians had join'd with them nor wou'd do it till the Sentiments of the Council at Onondago shou'd be fully known; that knowing these . particulars he thought them of so much consequence, considering what was done at Philadelphia with regard to these Indians, as to come & impart them to Conrad Weiser, & that he was clearly of opinion that Mr. Weiser's presence wou'd be requisite when the Onondago Deputies shou'd come to Town, & that if it should be thought proper to delay the Interpreter's Journey for this purpose, he believ'd no harm cou'd possibly ensue, as those Indians were not at War & were determin'd to govern themselves by the advice of the Six Nations.
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On this Information, & considering the good Dispositions of the Governors of Virginia & Maryland, the Council determin'd not to send Mr. Weiser to Ohio till after the arrival of the Onondago Deputys, since they wou'd then be furnish'd with an opportunity of making full Enquiry of all particulars relating to these Indians ; & the President was desir'd to answer Mr. Ogle & Mr. Gooch's Letters on this Subject, & to frame his Letters agreeable to the Re- solve of the Council.
The Secretary was order'd to give 12 Pieces of Eight to Shicka- lamy & 8 to his Son.
At a Council held at Philadelphia, 12th April, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
William Till,
Samuel Hasell, Abraham Taylor,
Robert Strettell,
Joseph Turner, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
The City Regiment of Associators having been review'd by the President & Council, the President express'd great Satisfaction to see so large a number of the Inhabitants under Arms; and as none can doubt of their Zeal & readiness to do their utmost for the preservation of the City & Province, he hop'd the minds of the People wou'd now be pacified as having a more solid Security against an Enemy than had been known in times past.
At a Council held at Philadelphia, 13th April, 1748. PRESENT :
The Honoble. ANTHONY PALMER, Esqr. President.
Thomas Lawrence,
Samuel Hasell,
William Till, Joseph Turner, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
The President having wrote his Letters to the Governors of Vir- ginia & Maryland, the same were read, as was likewise the Presi- dent's Letter to Mr. Ogle, in answer to his of the 3d of December last, about Captain Higginbotham.
" S" :
" PHILADA., 12th April, 1848.
"I postpon'd answering your kind favours of the Twenty-fifth
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February & 28th of March, till I should hear from the Governor of Virginia, and as his Letter did not arrive till Saturday last I em- brace this first opportunity of making You my acknowledgements for the Care You was pleas'd to take in forwarding my Packet, & taking the trouble to write to him on the Subject. Sr. William is entirely of the same Sentiment with You & Your Council that every thing shou'd be done to preserve the Indians about Ohio our hearty Friends, & promises to do all in his power to induce his Assembly to join in the Present.
" The Death of the Messenger might have prov'd an heavy mis- fortune had Your Assembly & that of Virginia been sitting, but as both Houses were in their recess & are to sit again pretty near the same time, the Delay was not of any Consequence.
"Our Council, indeed, on my laying before them Your first Let- ter, imagin'd this accident wou'd render it impracticable to receive answers time enough to fulfill the Engagement they had laid them- selves under in their Treaty with those Indians, & therefore came to a Resolution of dispatching Mr. Weiser with a Present of the value of One thousand Pounds, so as to be at Ohio within the time concluded upon at his parting with Scaiohady in his return home; But when I imparted to them Yours & the Governor of Virginia's Letter they alter'd their mind, and on consulting with Mr. Weiser, who happen'd fortunately to be in Town the Day Sr- William Gooch's Letter came to my Hand, they were contented to send a Message to the Indians to inform them that the Interpreter was prevented by some unforeseen Public Business from coming to them so early as he had given them reason to expect, but that he should hasten up to them as soon as this Business shou'd be finish'd, which was hop'd wou'd be about the middle of Summer.
" How they will even take this Delay I cannot say; they are in extreme want, & by all Informations very numerous; the French leave nothing unattempted to seduce them from the English Interest ; there are some small French Forts a little to the West of these In- dians ; but whether there are any & what quantity of Powder & Goods in them to give to the Indians I cannot learn ; perhaps they have none or not much, and in this case those poor Indians may be necessitated, if they do not receive Supplys soon, to fall upon the Provinces that are nearest to them to get wherewith to subsist.
"They receive no part of the Presents that are annually made to the Six Nations by the Governments of New York & Boston; these are all engross'd by the Mohocks and the Nations to the Eastward of Ohio, so that there is the greater reason why the Southren Pro- vinces shou'd take care of them, as they live upon their Borders & can by their Situation be an effectual Barrier against the French.
"S". William Gooch by his manner of writing seems to be of opinion that Virginia will not send Commissioners, but chuse to make an addition to the Present to be sent by Mr. Weiser from
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hence, & says he wou'd be glad I had told him what Sum was ex- pected. But this I have not presum'd to do any otherwise than by relating the Circumstances of these Indians, and that not so much for kis Information as for the satisfaction such Relation may give to the Assembly, & indeed this is the reason why I have wrote so long a Letter to You, who know these matters much better than I do. I am with perfect Esteem & Regard,
"Sir, Your most obedient humble Servant,
" ANTHONY PALMER. " Gov" Ogle."
A Letter of the same Tenor with the above was sent to ST Wil- Liam Gooch.
" PHILADA., April 11th, 1748.
" Sir :
" Captain Higginbotham's Affair has been heard by the Coun- cil with all the Regard due to a Person under your recommenda- tion.
" It appear'd that he had never seen the Land, and that neither he nor any under him had ever been possess'd of it, but on the contrary that Perie, the Person complain'd of, was in possession before and at the time of His Majestie's Order for quieting the Borders of the Provinces, which possession has continued in him ever since.
" Some Facts decisive in the opinion of our Council if true, & which perhaps have not come to Your knowledge, were insisted on by Perie. That before the Royal Order he was arrested by process from Your Provincial Court for a suppos'd Trespass commited on this Land; That he was imprison'd at Annapolis several Days, & for his Release oblig'd to give Bail to abide the Judgment of the Court; That the Suit was continued against him until the Royal Order was made, by virtue of which the Provincial Court finally discharg'd him. The truth of these matters will best appear by Your Records. But on the whole were unanimously of opinion that His Majesty's Order absolutely restrain'd them from dispossessing Perie of the Land he enjoy'd at the time the Order was made.
" I am sincerely sorry to hear by Captain Higginbotham that You were indispos'd, & most heartily wish You a speedy Recovery of Your Health, being with true Esteem & Regard,
" Sir, Your most obedient Servant,
" ANTHONY PALMER
" Gov". OGLE." VOL. V .- 15.
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A Petition from the Pilots using the Bay & River of Delaware was read in these words, viz :
" To the Honourable ANTHONY PALMER, Esqr., Presid'- of the Government of the Counties of New Castle, Kent, & Sussex, on. Delaware, & Province of Pennsylvania,
" The humble Petition of the Pilots, Inhabitants of the County of Sussex, on Delaware.
" Whereas, Your Petitioners, as well pursuant to an Act of Gene- ral Assembly of this Government as Your Honour's late Proclama- tion, are prohibited going on board any inward bound Vessel in the Bay & River Delaware, which said Act & Proclamation your Peti- tioners are fully convinced are justly Calculated for the safety of this Government, and therefore willing to pay all due obedience.
" And whereas, The Pilots that dwell in the Government of New Jersey (from a false Representation of Your Petitioners having Lycence to Cruise for Vessels & go on board the same as Pilots) are not restrain'd by any Law of that Government, but, as Your Peti- tioners are informed, have leave to Cruize and go on board Vessels; as Pilots, & daily do the same within the Bay & River aforesaid, which in its Consequence may prove prejudicial to this Government, and likewise prevent Your Petitioners acquiring a Competent Sup- port for their Familys, for Your Honour may be assur'd that no in- ward bound Vessel will call at Lewes for a Pilot when any other may be had Cruizing off.
" Your Petitioners therefore humbly entreat your Honour's In- terest & Friendship with the Governor of the Jersey for restraining the Pilots of that Government in such manner & by such measures as may be thought most expedient, not only for the safety of this- Government but that Your Petitioners may have an Equal Chance for their Livelyhood in their proper Employments; And Your Peti- tioners shall ever pray.
" WM. FIELD, " LUKE SHIELD, " SAMUEL ROWLAND, " SAMUEL ROWLAND, JUN., "WM- ROWLAND, " SIMON EDWARDS, " JOHN BAILY, " JOHN MAUL, " JOHN ADAMS."
On Consideration whereof, and of the Danger that might accrue to the Province & Counties if any Pilots shou'd be permitted to abuse their Trust in so shameful manner, the following Proclama- tion was agreed to, & the Secretary was order'd to engross it to be
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PROVINCIAL COUNCIL.
sign'd by the President, & to prepare a Warrant for affixing the Great Seal to it, & to take care to have it published the next Market Day with all the usual Solemnity :
"By the Honourable the President & Council of the Province of Pennsylvania.
"A PROCLAMATION.
" Whereas, divers Insults, Captures, & Depredations were made & committed by our Enemies the last Summer in and near the Bay & River of Delaware, several Vessels taken, Plantations plun- der'd, and the Goods, Negroes, and effects of the Inhabitants carried off, all which was the more easily effected by means of some Pilot Boats using the Bay & River aforesaid, which the Enemy by pre- tending to be friends had got possession of. To the end, therefore, that no means in our Power may be wanting for the preventing the like Insults, Captures, & Depredations for the future, and for the Security as well of the Inhabitants on both sides of the Bay & River of Delaware as of the City of Philadelphia and the Trade thereof, in this time of common Danger, We have thought fit to issue this our Proclamation, strictly enjoining & commanding all Pilots whatsoever using the Bay or River of Delaware, and all other Persons taking charge of any Ship or Vessel in or near the said Bay or River, that from & after the Tenth Day of April to the Twenty- fifth Day of September in every Year during the Continuance of the Present War between Great Britain & France & Spain, or either of them, they do not presume on any pretence whatsoever to go on board any inward bound Vessel until the Commander thereof or some of the Mariners or People have first come on Shore, to the end that it may the more certainly be known whether such Vessel be- longs to British Subjects or not, as they shall answer the contrary at their highest peril; And for the Discovery of Delinquents due Care will be taken & strict enquiry made of all Commanders of Ships, Mariners, & others, by the proper Officers to be appointed for that purpose.
" Given at Philadelphia, under the Great Seal of the said Province, the Eleventh Day of April, 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, &ca., Annoqz Domini, 1748.
" ANTHONY PALMER,
" By Order of the Honourable the President & Council,
" RICHARD PETERS, Secry.
"GOD SAVE THE KING."
It being thought necessary that proper Measures shou'd be taken as soon as possible for procuring Intelligence in case of an Enemy's
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appearing in the Bay and River Delaware, to the end the Military preparations now made in this Government may be used to the best advantage, Mr. Taylor & Mr. Hopkinson are appointed to consider of the best Method of making Alarms in order to be laid before the Board for their Consideration.
At a Council held at Philada. 9th May, 1748.
PRESENT :
The Honourable ANTHONY PALMER, Esqr., President. Samuel Hasell, William Till,
Abraham Taylor, Robert Strettell, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
The Assembly being to meet on the 16th, Mr. Till, Mr. Taylor, & Mr. Hopkinson are appointed a Committee to consider their last Messages, & from thence & the Business transacted since at this Board, to prepare a Message to be sent to the House at their Meeting.
Certain advice being brought by several Vessels from the West Indies, that His Majesty's Fleet under the Command of Admiral Knowles had taken Port Louis, dismantled the Fort, & carried the Cannon to Jamaica, the President was desir'd to request of Gover- nor Trelawney the Loan of some Cannon for the use of His Ma- jestie's Subjects in this Province.
The Preside having receiv'd a Letter from P. Hopson, Esq"., Command"-in-Chief at Cape Breton, dated at Louisbourg 18th April last, in answer to his of 5th March last, the same was read.
At a Council held at Philada. 14th May, 1748.
PRESENT :
The Honourable ANTHONY PALMER, Esqr., President. Thomas Lawrence, Samuel Hasell,
William Till, Abraham Taylor,
Thomas Hopkinson,
Esqrs,
The Minutes of the preceding Council were read & approv'd.
A Letter from the Proprietor by the Post was read :
"LONDON, October 29th, 1748.
" Gentlemen :
"Since I wrote You jointly with my Brother, I have waited on the Duke of Bedford, & acquainted him of the insolent behaviour of
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PROVINCIAL COUNCIL.
the Enemy's Privateers, desiring we might have a Ship station'd in our Bay, as the only means of preventing such attacks for the future ; the Duke received my application as I cou'd wish, saw the necessity there was to grant my Request, and promis'd me his assistance at the Board when I shou'd present a memorial, which I did this Day, & their Lordships assur'd me that soon after Christ- mass they would order a Ship for this Service, which would be there as soon as the Season of the Year permitted, for that the Winter wou'd come so soon upon us as to render it unsafe for a Ship now sent to come upon your Coast.
" You may be assur'd I will watch this Business with great atten- tion, & not suffer their Lordships to forget it, as I think it necessary for Your Security. This I write at random, but was willing to give You the earliest Notice, as it may make the People more easy.
" I am, Gent"", Your very affectionate Friend,
"THO. PENN.
" The Presid" & Council of Pennsylvania."
The Committee appointed to prepare a Message to the Assembly delivered in their Draught, which was read, & the Consideration thereof postpon'd to the next Council, that the Sentiments of the whole Board might be taken thereon.
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The Indian deliver'd a Letter from Mr. Weiser, setting forth that James Denny had taken from him Horses & Skins to a considerable value, & that if some satisfaction was not made to the Indian by the Publick, it might be of mischevious con- sequence.
The Board having examin'd into the Circumstances of this Affair, agreed to lay his Case before the Assembly, & to recommend it to them to make him satisfaction.
At a Council held at Philada., May 17th, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
William Till,
Robert Strettell,
Joseph Turner,
Thomas Hopkinson,
Esqrs.
William Logan,
The Minutes of the preceding Council were read & approv'd.
The following Message to the Assembly being settled & agreed to, the same was order'd to be transcrib'd fair & deliver'd by the Secretary to the House at their Meeting in the Afternoon.
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A Message from the President & Council to the Assembly. " Gentlemen :
"Since You were pleas'd in Your Message of the 9th January last to express Your approbation as well of the Present then made to the Indians as of the engagement enter'd into at the Treaty of send- ing our Interpreter with a larger Supply in the Spring, We accord- ingly provided a suitable quantity of Indian Goods for that purpose ; but observing the Indians address'd themselves to the English in general, & considering that the Burthen of so large a Present as wou'd be necessary to preserve their Friendship, ought not to be born by this Government only, We dispatched Letters to the Gov- ernors of Virginia & Maryland, acquainting them with the late Treaty, representing the Importance of the Friendship of those Indians to their Governments as well as ours, and intreating them to recommend it to their respective Assemblies to act in Concert with us on this occasion. As the Resolutions of those Govern- ments cannot be known til the Meeting of their Assemblies, when this affair will be laid before them, and we have receiv'd advice that the Six Nations intend to send some of their Chiefs early this Summer to transact some business of Consequence with Us, on which occasion our Interpreter's presence will be absolutely neces- sary, We have come to a resolution to defer sending him with the Goods to the Ohio Indians for the present, & have dispatch'd a Messenger to acquaint them with the reasons of this delay, & to assure them that our Interpreter will set out with the Goods as soon as the Business with the Six Nations is compleated. The Letters which have pass'd between Us & the Southren Govern- ments, together with the Instructions intended to be given to the Interpreter for his Conduct in treating with the Indians on his arrival at Ohio, we have ordered our Secretary to lay before you, as also an account of the Goods we have purchased for the intended Present, amounting to about £1,000, which with the Charge of Carriage and the necessary Expences of the Interpreter & his Com- pany, You will provide for, so that the Merchants may be paid as soon as possible, the Goods having been purchased at ready Money Prices.
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