USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 39
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"I send you Samuel England's Deposition, from whence I believe you will have reason, as I do, to doubt the truth of what Mitchell has deposed concerning Hay's turning him or any other out of possession. It may, perhaps, be objected that England is Interested in what he declares; the same may be said against Mitchell, who swore to avoid a contract that ought to bind him if he was not forcibly turn'd out. The very Papers signed by Joseph England, as sent me, is strong evidence that Mitchell gave up his possession by Contract, & was not removed by force. I will but mention it, be pleas'd to enquire into the Characters of England & Mitchell, & you'll easily determine to whom Credit ought to be given.
" You'll pardon me, I can't easily comprehend what you mean by requiring my assistance in bringing Samuel England to Justice in your Province, when you say he was applying to some of your Offi- cers for a Lease. He was then in your Power if you had thought proper to exercise it, & I suppose, as you represent the Case, may be always so at your pleasure.
"Your Agent, if unrestrained by you, may Grant what Leases he pleases ; but as Samuel England's Father, from whom he de- rives his Title, was a Tenant in possession under our Proprietors at the time of the Royal Order, I am apprehensive such Leases will be a manifest violation of the third Article; And we shall think our-
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PROVINCIAL COUNCIL.
selves well warranted in exacting obedience to our Laws from him & all other Persons that reside on the Land notwithstanding.
" I shall upon all occasions inviolably observe the King's Orders. Nothing can be more agreable to our Proprietaries or pleasing to me, especially as it will be a means of preserving a good understand- ing & harmony between us, which I think a matter of the greatest Importance to,
"Sir, Your most obedient humble Servant, "JAMES HAMILTON.
" Philada., May 15th, 1749."
And the Papers were order'd to be number'd & Laid up carefully in the Secretarie's Office.
The Council resum'd the Consideration of the new Commissions of the Peace, & agreed to appoint the following Persons Justices for Chester County, viz. : Caleb Cowpland, Elisha Gatchil, William Moore, Joseph Pennock, Joseph Brinton, William Pymm, Joseph Bonsell, John Mather, Charles Grant, Samuel Flower, Thomas Cummings, Thomas Worth, Aaron Ashbridge, John Churchman, John Miller, Richard Richison, Isaac Davis, John Scot, William Read, & the Chief Burgess of the Borough of Chester for the time being.
At a Council held at Philadelphia, Friday, 30th June, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Abraham Taylor, Robert Strettell,
Benjamin Shoemaker,
Joseph Turner, Esqrs.
William Logan,
Richard Peters,
The Minutes of the preceding Council were read & approv'd.
The Governor laid before the Board a Letter with some Papers from Governor Clinton receiv'd this morning by express, purporting that two New England Men in their return from Canada, where they had been to solicit the Release of some Prisoners, reported that they saw an Army of One thousand French ready to go on some Expedition, & that they were inform'd it was to prevent any Settlements being made by the English on Belle Riviere, i. e. Ohio, whereupon it was determined to dispatch a Messenger to Mr. George Croghan, with a Request that he wou'd go immediately to Alle- gheny, & on his arrival send away a Trader or some Person he cou'd confide in to the Lakes, or to the Eastward, to discover whether any French were coming into those parts, & if any in what numbers & what appearance they made, that the Indians might be appriz'd & put upon their Guard.
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The Council resum'd the Consideration of the new Commissions of the Peace, & agreed to appoint the following Persons Justices for Philadelphia County, viz. : Thomas Lawrence, Samuel Hasell, Abra- ham Taylor, Robert Strettell, Benjamin Shoemaker, Joseph Turner, Thomas Hopkinson, William Logan, the Mayor of the City of Philadelphia for the time being, the Recorder of the City of Philada. for the time being, William Allen, Jonathan Robinson, Owen Evan, Joshua Maddox, Septimus Robinson, Edward Shippen, Charles Willing, Thomas Venables, Nicholas Ashton, Thomas Fletcher, Samuel Morris, of White Marsh, Thomas York, Francis Parvin, John Potts, Anthony Lee, William Coleman, Benjamin Franklyn, John Smith, & Rowland Evans.
And the following Justices for Bucks County, viz. : Abraham Chapman, Matthew Hughes, Simon Butler, Enion Williams, Rich- ard Mitchel, Mark Watson, John Abraham De Normandy, Robert Ellis, Alexander Graydon, Henry Antes, Thomas Owen, Thomas Craig, Daniel Broadhead, Mahlon Kirkbride, Langhorn Biles, Thomas Janney, Benjamin Griffith, Richard Walker, & the Chief Burgess of the Borough of Bristol for the time being.
At a Council held at Philadelphia, in the Supreme Court, July Ist, 1749.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- . ernor
Thomas Lawrence, Samuel Hasell, - Benjamin Shoemaker, William Logan, Esqrs.
Richard Peters,
Indians.
Three Senecas, two Onontagos, some Tutatos & others, Nanty- cokes and Conoys.
Ogashtash, Speakers.
Assuchquay, S
Conrad Weiser, Esqr., Interpreter.
Some Deputies of the Seneca Nation having arrived in Town on Thursday, & letting the Governor know that they had some Busi- ness to transact with the Government, His Honour appointed this Day to hear them, and on the Indians taking their Seats the Inter- preter was order'd to tell them that the Governor was ready to hear what they had to say, on which Ogaushtosh stood up & spoke as follows :
" Brethren, the Governor & Council & all the Inhabitants of Pennsylvania-
"We believe the Visit is unexpected, & therefore think proper
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PROVINCIAL COUNCIL.
to tell you the reason why we came. Early in the Spring a Council was held at Onontago by our Nations, in which sundry Affairs were taken into Consideration, and amongst others an answer to a pro- posal made by the former Governor of Pennsylvania concerning a Peace made between us & the Catawbas; it was likewise said that a new Governor was arriv'd at Philadelphia, & that it would be pro- per to shake Hands with him, & this wou'd furnish an opportunity of settling some affairs which, if not set to right at the beginning, might occasion differences ; it was, therefore, unanimously determin'd to send Deputies to Philadelphia to congratulate the new Governor on his arrival, & to transact with him what other Business we had to do with the Province. The Deputies were appointed, & engaged to meet at a certain place on the River Sasquehanna. We, the Deputies of the Seneca Nation, accordingly came to Wyomen, the Place appointed, & staid there a whole Month, but no Deputies coming, nor hearing no Tydings of them, we concluded something extraordinary had happened, & then deliberated with ourselves what to do, whether we shou'd return or proceed to Philadelphia; the last was resolv'd on, for the reasons which we shall give by & by; & in token of the truth of what we say concerning the occasion of our coming here we give you this
" String of Wampum.
" Brethren :
" One of the most considerable Points which induced the Council to send Deputies at this time was, that they heard the white People had begun to settle on their side the Blue Mountains, & we, the Deputies of the Senecas, staying so long at Wyomen had an oppor- tunity of enquiring into the truth of this Information, and to our Surprize found the Story confirm'd, with this addition, that even this Spring, since the Governor's Arrival, numbers of Families were beginning to make Settlements. As our Boundaries are so well known, & so remarkably distinguish'd by a range of high Moun- tains, we could not suppose this could be done by mistake, but that either it must be done wickedly by bad People, without the know-' ledge of the Government, or that the new Governor had brought some Instructions from the King or Proprietors relating to this Affair; we, therefore, thought it was become necessary to proceed & to make our Complaints, to hear what the Governments had to say on an Affair whereby we are likely to be very much hurt. The Governor will be pleased to tell us whether he has brought any Orders from the King or the Proprietaries for these People to set- tle on our Lands, and if not, we earnestly pray that they may be made to remove instantly with all their Effects, to prevent the sad Consequences which will otherwise ensue; & to enforce this Request we present you with this
" Belt of Wampum.
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" Brethren :
" We can take upon us in behalf of the Six Nations heartily to congratulate the Governor's arrival. We are pleased to hear he is a Native of the Country, promising ourselves in him a true and hearty friend to all the Indians, as he is our Countryman.
"We recommend it to the Governor to tread in the Steps of those wise People who have held the Reins of Government before him in being good & kind to the Indians. Do, Brother, make it your Study to consult the Interest of our Nations; as you have so large an au- thority you can do us much good or harm; we wou'd therefore en- gage your Influence & Affections for us, that the same Harmony & mutual Affections may subsist during your Government which so happily subsisted in former Times, nay from the first Settlement of this Province by our good Friend the great William Penn. We bind this our Congratulation & Request by
"A String of Wampum.
" Brethren :
" The Governor & Council know that we are Poor and not able to present them with any thing worth their Acceptance; but not- withstanding this we cannot help, as a testimony of our Regards, presenting the Governor with a Small Bundle of Skins to make him a pair of Shoes."
Bundle of Skins.
Ogaushtosh having finish'd, Assuehquay got up & spoke as fol- lows :
" Brethren :
" As we were coming here the Conoy Indians gave us this String of Wampum, thereby putting their Case into our Hands, which we undertook to Speak to. It seems when the Proprietaries bought the Land between Delaware and Sasquehanna from us, the Tract, as they told us, on which the Conoy Town stood was reserv'd out of the Grant on account of those Indians then living there, & when they should quit it they were to have a Consideration paid them for it. This we think they are now intitled to, as they have left the Land & Live among other Nations at Juniata ; and as they tell us that they have never receiv'd any thing for their Land, we gecom- mend it to you to see them paid."
Here he gave the Conoy's String.
On the Indians withdrawing, the Council judg'd it necessary that a Present should be prepar'd for the Indians, & appointed Mr. Law- rence & Mr. Logan to confer with the Speaker on the value, who return'd & reported that it was the Speaker's as well as their opinion that a Sum not less than One hundred Pounds shou'd be laid out in a proper Assortment of Goods, which being approv'd of Mr. Logan was desir'd to get the Goods ready to be produc'd on
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PROVINCIAL COUNCIL.
1
Monday or Tuesday, at the time the Governor shou'd return his Answer to the Indians Speech.
At a Council held at Philadelphia on Tuesday, July 4th, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Benjamin Shoemaker,
Robert Strettell, Joseph Turner,
Thomas Hopkinson,
William Logan,
1 Esqrs.
Richard Peters,
The Minutes of the preceding Council were read & approv'd.
The Governor laid before the Board the Draught of an Answer to the Speech made by the Indians on Saturday; which being ap- proved, the Interpreter was sent to the Indians to let them know the Council was met & the Governor ready to give them an Answer; & on their taking their Places he spoke as follows :
"Brethren of the Six United Nations of Indians :
" In the Speech you made to us the other Day you told us that at a Council at Onontago it was consider'd that no Answer as yet had been made to a proposal of the Governors of Pennsylvania in behalf of the Government of Virginia concerning a Peace be- tween the Six United Nations & the Catawbas, & that the Council of the said Nations agreed to send Deputies to Philadelphia for that purpose, as well as to congratulate me on my arrival, & to lodge a Complaint against some of the Inhabitants of this Province for the Settlements not yet purchased from you.
" Brethren :
"I could have wished that all the Deputies had arrived, but since the others did not come, & you had proceeded so far as to Wyomen, You did well in resolving to come to Philadelphia to our Council Fire, at which I kindly recieve you as true Deputies from the Six United Nations, & heartily bid you welcome ; in token whereof I give this
" String of Wampum.
" Brethren :
"You further inform'd us that an Account having been given of some white People's making Plantations on your side of the Blue Hills, the Council at Onontago had given it in charge to the Deputies to make a Complaint of this; that staying so long at Wyomen you had an opportunity of having it confirm'd to you that several had settled there, & some since my arrival, and you
-
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MINUTES OF THE
desire to know whether this is done with the Consent of this Gov- ernment or in Consequence of any Orders I have brought from the King or the Proprietaries; and if not, that they may be instantly removed. Brethren, as this Government stands engag'd to you by Treaty not to suffer any of their People to settle on Lands till they are purchas'd by the Proprietaries, they have ever endea- vour'd faithfully to observe this Engagement by causing it to be proclaimed that none should, on the highest Penalties, presume to settle on the West side of that ridge of Mountains which is the Boundary between us and you; yet, notwithstanding these Procla- mations, some have been so audacious as to go there, but they have been forcibly removed & their Plantations broke up & destroy'd. " Brethren :
" I give you the strongest assurances that these People have not had the least countenance from the Government for what they have done, and that I have received no Orders from His Majesty or the Proprietaries in favour of them, And that I am heartily inclined to take the most effectual Care that these unwarrantable Settlements be not made, as all such are against the Publick Faith given to the Six Nations, & have a tendency to disturb the Peace between us and you, & to create endless differences. No endeavors, therefore, shall be wanting on my part to bring these offenders to Justice, & to prevent all further Cause of Complaint; and in Confirmation of the truth of these Assurances, I present you with this
" Belt of Wampum.
"Brethren :
" The People of this Province cannot but entertain an high opin- ion of the regard of the Six Nations for them, in that they are al- ways ready to pay all proper respects to their Governors. In this Light I receive their Compliments to me on my arrival, & am par- ticularly oblig'd to you, their Deputies, for your favorable opinion of me. Had I more Power it should be all used in your favour, so long as you maintain the Character you have hitherto done; for I can sincerely assure you y the Proprietaries cannot commit the Adminis- tration of their Affairs to any one who has heartier Inclinations to do you Service than I have, so that I shall on all occasions study & promote your true Interest, to which I am strongly impell'd, not only by my own Affection as being a Native of the Country, but by the laudable Example of my Predecessors, & above all by the plea- sure I know any Good I shall do you will give to the Honorable Proprietaries, whose Commands I have repeatedly receiv'd to be sure to be kind to the Indians. In Testimony of the sincerity of my love for you I present you with this
" String of Wampum.
" Brethren :
" The value of a Present arises principally from the Affection
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PROVINCIAL COUNCIL.
with which it is given, and Yours, therefore, on this Account is as agreeable as if it was of more real worth. In return, the good People of this Province, sensible of the trouble and fatigue so long a Journey must needs have given you, & in token of their Esteem for the Six Nations who appointed You on the Deputation, have pro- vided a Present of Goods which they desire your Acceptance of ; the Secretary will read the List, & the Interpreter will deliver then to you when you please to recieve them."
The Governor gave the List of Goods to the Secretary, who read it.
" Brethren :
" I now return an answer to Assuchqua, who gave this String in behalf of the Conoy Indians. I am sorry to say that these Indians have misrepresented the fact, for on the Information I have recieved from the Proprietor's Officers, this Land, which is but a Small Piece where their Town stood, was not reserv'd out of their Grants of the Lands sold by the Six Nations; but at that time the Conoy Indians being desirous to continue there, prevail'd with the Six Nations to ask this as a favor from the Proprietaries, while they (the Conoys) remain'd on it, and at their Instance the Proprietaries granted them this favour, & they might have lived there till now ; but as they chose voluntarily to go away, & signified this by a String of Wampum to the Government, they had leave accordingly to go to Juniata or elsewhere. You cannot but know the Six Na- tions have frequently desired the Proprietaries not to give Money to any tributary Nations for Land, & as these Conoys are such they would have reason to find fault with the Proprietaries shou'd they pay them anything, especially as they have already given to the Six Nations a valuable Consideration for it; I confirm this by
" A String of Wampum."
10 Pieces of Strowds, 6 Groce of Awl Blades,
10 Pieces of Striped Duffills,
15 Groce of Gartering,
10 Pieces of Half Thicks,
15 Pieces of Ribbon,
10 Half Barrels of Gun-powder, 3 Pieces of Bed lace,
10 cwt. of Barr Lead,
5 doz. of Scizzars,
3 cwt. of Small Shott,
3 Groce of Ear-Rings,
10 Groce of Rings,
5 Pack of Morris' Bells,
4 Groce of Brass Thimbles,
5 1b. of small white Beads,
1} Groce of small Brass Juice Harps,
1 pce. of Handkerchief,
Tobacco & Pipes.
The Indians having by Mr. Weiser made a Request to the Gov-
20 1b. of Vermillion,
140 Plain Shirts,
50 Ruffled Ones,
15 guns,
20 Brass Kettles,
3 doz. of Hatchetts,
20 doz. of Knives,
5 M. of Flints,
5 doz. of Looking Glasses,
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MINUTES OF THE
ernor to order their Guns to be mended, he gave Orders accord- ingly.
At a Council held at Philadelphia, Tuesday, 18th July, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Samuel Hasell,
Robert Strettell,
Thomas Hopkinson,
Richard Peters,
Esqrs.
The Minutes of the preceeding Council were read and approv'd.
The Governor laid before the Board the Draught of a Proclama- tion, agreeable to the Request of the Seneca Deputies at the last Treaty, which was approv'd & order'd to be publish'd & printed.
"By the Honourable JAMES HAMILTON, Esqr., Lieutenant Governor & Commander-in-Chief of the Province of Pennsyl- vania & Counties of New Castle, Kent, & Sussex, on Delaware.
"A PROCLAMATION.
" Whereas, The Deputies of the Senekas, at a Treaty lately held at Philada., complained to me, in behalf of the Six United Nations, that contrary to the Tenor of a former Treaty now subsisting between them & this Government, & without their Consent, divers Persons, Inhabitants of this Province, have seated themselves & Families on Lands not purchased of them, lying Westward of the Blue Hills, very much to their Hurt, earnestly prayed that they should be forthwith remov'd, to prevent the bad Consequences that might otherwise ensue. And forasmuch as these Persons have neither Lycence from the Proprietaries nor colour of Title to the said Lands, & to permit them to stay there wou'd not only be a breach of the Publick Faith given to the Six Nations, but may oc- casion dangerous Quarrels with them, & be the Cause of much Bloodshed; Therefore for preventing these Mischiefs I have thought fit, with the advice of the Council, to issue this Proclamation ; & do hereby, in His Majesty's Name, strictly charge, command, and enjoin all & every the Persons who have presum'd to settle in any part of the Province Westward of the Blue Bills to remove them- selves, their Families & Effects, off those Lands on or before the first Day of November next; And in Case of their Neglect or Re- fusal, I do, in His Majesty's Name, strictly charge & command all & every the Justices of the Peace, Sheriffs, & Officers within this Province, whose Assistance may be necessary, that they, immedi- diately after the said first Day of November, cause the Delinquents, with their Families and Effects, to be removed off the said Lands, as the Law in such Cases directs. And hereof all Persons con-
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PROVINCIAL COUNCIL.
cerned are to take Notice, and not to fail in their obedience, as they will answer the contrary at their Peril.
" Given under my Hand & the Great Seal of the Province of Penn- sylvania, at Philadelphia, this Eighteenth Day of July, in the Twenty-third Year of the Reign of our Sovereign Lord, George the Second, King of Great Britain, France, and Ireland, &ca .. And in the Year of our Lord One thousand seven hundred & forty-nine.
" JAMES HAMILTON.
" By His Honour's Command,
" RICHARD PETERS, Secretary. "GOD SAVE THE KING."
At a Council held at Philadelphia, Tuesday, 8th August, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Abraham Taylor, ) Esqrs.
Robert Strettell,
Richard Peters,
The Minutes of the preceding Council were read & approv'd.
The Governor having prepar'd a Message to the Assembly on the Subject of the late Treaty with the Deputies of the Seneca Na- tion, the same was read & order'd to be deliver'd to the House by the Secretary, together with a Copy of the Minutes of Council con- taining that Treaty.
" Gentlemen :
"Some Affairs relating to this Province having been the Subject of the consultations of the Six Nation Indians at their Annual Council held in the Spring of the Year at Onontago, it was there resolv'd to send a Deputation to this City, to consist of a few of the Chiefs of every Nation, and particular Time and Place of Rendez- vous was agreed on, in Consequence whereof the Deputies of the Senecas came there at the time appointed & staid a whole Month, but the other Deputies not coming, & they hearing no tidings about them, concluded they were prevented by some unforeseen Accident, &, therefore, being so far on their Journey, they determined to pay a visit to their Brethren of this Province, & so came here the be- ginning of the last Month. I refer you to the Minutes of Council, which will be herewith deliver'd to You, for their Business. As the Province had been put to some Expence by them, they were told on their Departure if they met the other Deputies to inform them what they had done here & perswade them to return, & it seems they did meet them, but whether they deliver'd this Message
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or no I have no account ; if they did it had no Effect, for they are now on the Road & expected here every Day. You will, therefore, be pleased to take the necessary Care for their Reception.
Mr. Weiser having defrayed the Expences of the Last Indians in their Journey to and from this City, I advanc'd him the Sum of Sixty Pounds on his going away. He must by this time have laid out a considerable Sum more, which you will be pleased to order Payment of; And tho' from your long knowledge of his Merit, it might be unnecessary in me to say any thing in his favour, yet as the Last Sett of Indians did Damage to his Plantation, & he had abundance of trouble with them'& is likely to meet with much more on this occasion, I cannot excuse myself from most heartily recom- mending it to You to make him an handsome Reward for his Ser- vices.
"JAMES HAMILTON."
At a Council held at Philadelphia, Friday, 11th Augst., 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Abraham Taylor,
Samuel Hasell, Robert Strettell, & Esqrs. Richard Peters,
William Logan,
The Minutes of the preceding Council were read & approv'd.
The Governor having in several Conferences with the Attorney General extracted out of the Poor Act such Parts as were thought valuable by the Council when it was before them in the January Session, & settled the Amendments to it, they were read and ap- prov'd & sent to the House with the following Message : " Gentlemen :
" According to your Request last Session, I send you the Bill for amending the Laws relating to the Poor, with Amendments.
I hope it will appear to you on Consideration that the Matters I have thought proper to be omitted are amply provided for by the Laws now subsisting, and that all the new Provisions tending to the Utility of the Inhabitants of this City & Province are retained, as nothing can afford me greater pleasure than Unanimity in the two parts of the Legislature.
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