USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 45
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" I leave it to Mr. Weiser (as he was joined with me by your Honour) to make his own Report, and shall only observe, that in all our Consultations he (who is Indian Interpreter for Virginia and Maryland as well as this Province, and must be supposed to know the Minds of the Indians the best) proceeded on this as a certain
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Truth, that if we did not in this Journey entirely remove these People it would not be in the Power of the Government to prevent an Indian War; and that as the neighbouring Provinces were as much concerned in this Event as ourselves, he recommended it to the Magistrates either not to go, or to act with the utmost Spirit, and his arguments were so convincing that all the Magistrates determined to go in a Body.
"I had furnish'd myself with blank Convictions and Mittimus', settled by the Attorney General on the Act of Assembly intituled 'a Supplementary Act, &ca.,' and had taken his Instructions, and was determined to proceed by Conviction, Fine, and Imprisonment ; but when on the very first attempt to convict and imprison the two Galloways fled from the Sheriff, it then appeared very plain to every body that this Method would not answer, and that if the Trespassers, who were more numerous in other Parts, should believe they were to be carried to be Prison, they would either unite and with a superior Force resist the Magistrates, or they would flee from Justice; and, in short, that the whole Design must infallibly miscarry.
" And it was remembered that in a similar Case on Complaint of the Indians in the Year 1721, the Magistrates residing in that Part of the Province did, by order of the then Governor, burn and destroy the Houses and Habitations of certain Settlers on Lands on the West side of Sasquehannah without Right. On this the Per- sons in Custody were told that they should deliver Possession of their Places to me, and become bound in a Bond to the Proprietaries in Five Hundred Pounds, conditioned to move off with all their Cattle, &ca, and that in the Condition they should acknowledge they had given Possession to me for the Proprietaries, and were told at the same time that some Cabbins must be burnt. With this they were satisfied, and chearfully executed the Bonds, and expected that as their Cabbins did now belong to the Proprietaries the Person in Possession for them might do what he pleased with them, and that some, if not all, would be destroyed.
" At the Path Valley, and indeed at all other places, the Of- fenders were got together and were told by the Magistrates before hand what was intended to be done and that all the new settled Cabbins would be burnt. After they were told this they executed the Bonds, thereby putting me into Possession, and very chearfully and voluntarily took everything out of their Log Houses and as- sisted in burning them. In truth, all submitted in every Place ex- cept the two Galloways and Andrew Lycon; and even the two Galloways came voluntarily after their Cabbin was burnt and sur- rendered their Persons and entered into Bonds, and expressed Satisfaction at what had been done to their Cabbin, saying That if the Indians were determined they should not stay there it was bet- ter to be away directly, as it was Summer Time and mild weather.
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Finding such a general submission, and verily believing the Evil would be effectually taken away, there was no Kindness in my Power which I did not do for the Offenders, giving them Money where they were poor, and telling them they might go directly on any Part of the two Millions of Acres lately purchased of the Indians ; and where the Families were large, as I happened to have several of my own Plantations vacant I offered them to stay on them Rent free till they could provide for themselves; then I told them that if after all this Lenity and good Usage they would dare to stay after the Time limited for their Departure, no mercy would be shewed, but that they would feel the whole Rigour of the Law.
" It may be proper to add, that the Cabbins or Log Houses which were burnt were of no considerable Value, being such as the Coun- try People erect in a Day or two, and cost only the Charge of an Entertainment.
" Thus I have given your Honour a full Relation of this whole Transaction, humbly hoping the Part I have acted therein will meet with your Approbation, and that it will have the desired good Effect in removing the Trespassers and prevent their returning to their Settlements, and any future Clamours-or Complaints from the In- dians on that Head, and am
" Your Honour's most obedient humble Servant.
"RICHARD PETERS.
" PHILADELPHIA, July 2d, 1750."
The Governor was inform'd by Mr. Montour that two or three Traders had been killed within these two Years by the Indians; that the Murderers were not under the least Censure for them, and that the Traders, contrary to their Duty, and to the manifest danger of the Lives of his Majestie's Subjects, had made no complaint to his Honour of these Murders ; that he cou'd not tell whether the . Facts were committed in Virginia or this Province, but in which- ever Province if no notice was taken of it by this Government, it might occasion the shedding of abundance of innocent Blood, and prove of fatal Consequence; whereupon his Honour drew up the following Message, and gave it in charge to Mr. Montour to deliver it, and to observe all the Forms and Ceremonies used in delivering such Messages, so that the Complaint might go with the greatest Force; and if any Expression be omitted necessary and usual on such occasions that he should supply it :
" To the Indians of the Six Nations, Shawonese, Delawares, and others living at Ohio.
"Brethren :
"I was surprised by some of my People who lately came from Ohio with the News that two or three of them had been killed by you within these few Years, and that no manner of notice was taken VOL. V .- 29.
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of the Murders by you. You must be sensible that to see the Blood of our own People is aggravating and is sometimes of dangerous Consequence, if proper care be not taken by the wise men of the Place where it is shed. I must, therefore, charge you to make a strict enquiry what occasioned the Blood of my People, for you cannot expect, according to the Law of Nations, that I can treat with you on friendly terms till you have brought the Murderers to Justice. I have been informed that some of you said one of the persons killed was a Virginian, and this would not draw on you the anger of the Government of Pennsylvania, but I must tell you that to hurt or kill any of the Inhabitants of that Province will give us equal concern, equal offence, as if it was one who lived in my Gov- ernment, we are all one People-there is no difference between us, and if any one be hurt all ought to resent it, and will do it you may depend upon it."
A String of Wampum.
The Governor then laid before the Board his Answer to the. Message from the Twightwees or Miamis sent by Mr. Hugh Craw- ford, which is enter'd in the first part of this Minute.
" A Message from the Governor to the Twightwee Nation.
" Brethren the Twightwees or Miamis :
" I have received Four Strings on Behalf of Four of your Na- tions by Mr. Hugh Crawford, and your Message purporting that a Number of French and French Indians came to your Towns last Summer, and by Perswasions and Presents, and when these were rejected by Menaces, endeavour'd to shake your friendship for us, but all to no purpose; and that you were determined to continue faithful to us and desired more traders may be sent with goods into your Country.
" I have repeated the Message that you may know what was de- livered to me by Mr. Crawford, and in answer I assure you, on behalf of this and the other English Governments, to whom I shall communicate your Message, that we have a grateful Sense of your Attachment to us, and desire our Alliance may be as strong as the strongest Mountain, and endure while the Sun shines and the Rivers run. I have proposed it to some of the best of our traders to carry on commerce with you, and to sell you their Goods at as easy a price as they can afford, and by all means to cultivate a good un- derstanding with you, and they seem willing to do it; but as your towns are at a great distance from the Six Nations, and that several of your Tribes seem still to be firmly attached to the French, the traders cannot help expressing their apprehensions of the great danger their is in being intercepted either in their passage to or return from your country ; and that unless some measures be con- certed to preserve the road safe and commodious for their persons and effects it will not be possible to extend their Trade into countrys
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so remote to any great degree. I mention this with the more earnestness as I have lately received information that two of our traders going from the Logs' Town to the Twightwees, about three hundred miles from the first place, were either killed, taken by the French or Indians, and that a Party of French Indians have killed fourteen of our people belonging to Carolina. I say our people, for the inhabitants of Carolina, Virginia, Maryland, this Province, and New York, are all one people, and if any be obstructed, robbed, or killed, all of us are equally affected, and must resent it alike. Some other stories are likewise told us, which if true make it evident that the road is by no means safe to travel.
" We give you four Strings of Wampum in acknowledgement of your professions, and thereby assure you that we desire to bind the chain of Friendship between us as firm as it can possibly be."
Here give a string of four rows of Wampum.
"Inasmuch as the road is insecure, and the traders make a diffi- culty of travelling in it while it is so, we give you this belt to remove out of it every thing that renders it dangerous."
Here a belt of Wampum of eight rows.
"There is a hearty inclination in the English Governments towards all the Twightwee Nations, and it would be a pleasure to them to have an opportunity of showing you the many advantages which would accrue to you from your alliance with the English. If I receive the answer from the other Governors time enough to send it this fall I will transmit it to you, if not you may expect it early in the Spring.
" PHILADELPHIA, 27th August, 1750."
At a Council held at Philadelphia, Monday, the 8th August, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Thomas Hopkinson,
William Logan,
Richard Peters, Esqrs. Joseph Turner,
The Minutes of the preceding Council were read and approved.
The Governor informed the Board that on the Receit of Mr. Peters' Report of the Proceedings against the Trespassers over the Hills, he had thought proper to write a Letter to the Justices of Cumberland County, commending them for their Zeal shewed on this occasion, and recomending it to them that the Recognizances which they had taken might punctually be put in execution against
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all of the Trespassers which should incur the forfeiture, to the end that all persons might hereafter be deterr'd from such illegal and dangerous Settlements; And that in answer to his letter he had received one from the said Magistrates wrote at their Court held last week at Shippensburg, which with some Informations and Petitions he ordered to be read and enter'd :
A Letter from the Justices' of Cumberland County to the Governor. " CUMBERLAND, July 25th, 1750. " Honoured Sir :
" Your favor of the 13th instant we have received with the Re- cognizances of the Trespassers on the unpurchased Lands. We shall proceed to return the Recognizances of such of them that have not removed agreeable to their Promises and Bonds. The Recogni- zances of such of them as have removed off the Lands we humbly judge it most prudent not to return. Inclosed we send you a letter which we received from the Inhabitants of the Great Cove-think it inexpedient for us to determine in a matter of such importance ; but in the mean time we have written an answer to them, a Copy whereof we also send.
" We are credibly inform'd that Mr. Delany at last Court held at Frederick's Town, speaking of the Conduct of our Government to- wards the Trespassers on the uupurchased Lands to the Northward of the Kittochtinny Hills, said in Public Company 'that if the people of the Great and little Coves would apply to Maryland they might have Warrants for their Lands, and if those of the Tuscoraro Path Valley would apply to Virginia he did not doubt but they might obtain Rights there.' We are determined to take the Depo- sitions of those who give us such like Informations for the future. Whatever is our duty to do in this or any other publick affair we humbly assure your Honour we shall always be ready to do to the best of our knowledge. We wait for instructions in these difficult matters, and in the mean time beg leave to subscribe ourselves
" Your Honour's most obedient and most humble Servant, " SAMI SMITH.
"By order of the Justices."
Copy of the unsign'd Paper mention'd in the above Letter.
"To whom it may concern-this from the Inhabitants of the Great Cove : This is to acquaint your Honours the great difficulty that we labour under, as we always was subject to the Government of Pennsylvania and their Laws, and desired to live so, and put our- selves under your mercies by complying to your Authorities. Will. Shepherd was in Maryland and got a Warrant for one hundred
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Acres of Land in the little Cove, and was urged to take a Warrant for his Place in the Big Cove, and might have Warrants for all the Inhabitants there, and six Years to pay the purchase of said Land on easy terms. It is our desire to make our redress to your Hon- ours for your directions what we shall do as speedily as possible, for if we do not comply with Maryland Offers we are afraid that some of their Gentlemen will soon deprive us of any Privilege in either Province. We hope your Honours will consider our Case and send us an Answer. From your distressed Friends and hum- ble Servants.
" GREAT COVE, July the 21st, 1750. " To SAMUEL SMITH, Esquire, and his Brethren."
-
Copy of the letter sent by the Justices of Cumberland County to the Inhabitants of the Great Cove in answer to their unsign'd Paper.
44 CUMBERLAND, July 25th, 1750.
" Gentlemen :
" We receiv'd yours of the 21st instant, to which we cannot give you a full answer, because your case lies properly before our Gov- ernment and our Honourable Proprietarie's Commissioners of Pro- perty, and not before us. We have, therefore, sent your letter to our Governor, and when his answer comes to us we shall communi- cate it to you. As you declare in your Petition that you have heretofore been subject to the Laws of this Province, and claim the Benefits and Privileges of our good Constitution for the future, all which we think you have a right to, and as we are sensible you are settled to the Northward of the Temporary Line, we make no doubt but the Governor, considering your Petition, will be of our opinion ; and in the mean time any Services in our power you may expect from,
" Gentlemen, your assured Friends .. " To the Inhabitants of the Big Cove, In Pennsylvania."
" The Petition of the Settlers of the Little Cove on the Temporary Line,
" To the Honourable Thomas Penn and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pennsylvania, doca.
" The Petition of the Subscribers, Inhabitants of small Tracts of Land situate Westward of the Kittochtinny or Blue Hills, at a Place known by the Name of the Little Cove and Conolloway's Creek, humbly sheweth :
" Whereas, sundry Inhabitants of the Province of Maryland (some
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of 'em vested with Authority) divers times within these three Years past have attempted to survey and take possession of the aforesaid Tracts, being at or near where the Temporary Line when extended will run, as we believe; We, therefore, willing to live under the Protection of the good Constitution and Government of the Province of Pennsylvania, have hitherto prevented the various At- tempts of the People of Maryland, and have presumed to seat our- selves, and have made small improvements on the said Lands.
" As we have done this purely to defend it from the People of Maryland, and not in Contempt of the Laws of the Province of Pennsylvania nor the Governor's Proclamation, we humbly pray that we may be permitted to live on our respective Improvements at least untill the Temporary Line shall be extended.
" And your Petitioners shall pray, &ca.
"JOSEPH COOMBE, his
his
"JOHN J HERROD, mark
"WILLIAM JAMES, his his
"THOMAS T YATES, . mark
" WILLIAM W M MORGAN, mark
"LEWIS WILLIAMS,
"ELIAS STILWELL,
his " JOHN 4 LLOYED,
mark
his "LEVI + MOORE, mark "JOHN GRAHAM,
"WILLIAM LIN,
" ANDREW COOMBS,
" JOHN POOLK,
" THOMAS HUSTON."
After this the Governor order'd to be read the Draught of what he proposed to say to the Assembly, who by their Adjournment were to meet to day, and desired that if they could think of any thing else necessary to be said they would mention it, but no Member offering any thing it was order'd to be transcribed fair and delivered to the House to-morrow.
A Message from the Governor to the Assembly.
" Gentlemen :
" Finding that the Proclamation which I issued last Summer on the Complaints of the Deputies of the Six Nations against such as had presumed to settle on their unpurchased Lands had no Effect, I thought it dangerous to suffer any longer such an open Contempt of the Authority of Government, and therefore gave orders that
.
" CHARLES & WOODS, mark
" HENRY PEIRSON,
" GEORGE REES,
"JOHN MESSER, his " JOAN 2 NEWHOUSE, mark
"REES SHELBY, his
"WILLIAM O LOFTON, mark
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PROVINCIAL COUNCIL.
the Laws should be strictly put in Execution against them ; And from a Report of the Proceedings of the Magistrates appointed for that Service which will be laid before you, I thought there would have been no more cause of Complaint on this Head, but by a Letter I received the last Week from the Magistrates of Cumber- land County, it looks as if such as were then spar'd have been since spirited up to stay, and that there will be an absolute Neces- sity of taking still farther measures against them.
"The Accounts from Ohio mention that the French still continue their Threats against the Indians who carry on Commerce with our Traders ; that they are frequently alarmed as if the French were approaching in a military Manner, and therefore keep themselves upon their Guard, but as nothing hostile has hitherto been at- tempted, I am in hopes this may blow over and the French, from the Caution and Unanimity of the Indians in our Alliance, be obliged to alter their Measures.
"I have received two or three different Messages from the Twightwees; in their last they tell me that they have withstood the Solicitations of the French, and as a Proof of their attachment to us have refused their Presents, intimating at the same time that as they take nothing from them they would be pleas'd to receive some testimony of our Regard. And I am really of opinion that since so large an addition is made to the Trade of the Province by their Means, it would be for his Majestie's as well as the Countries Service if a small Present was sent to them by some Persons of Character who go to trade in those Parts.
" When Mr. Weiser left Ohio he committed several Matters of Consequence to Andrew Montour, finding that the Indians esteemed him and placed great Confidence in him; this gave him a sort of publick Character which has put him to some Trouble and Ex- pence, as you will see by his Accounts which I have order'd to be laid before you, and which have been perused and allowed to be true by Mr. Weiser; I therefore recommend it to you that you will be pleased to make Mr. Montour a suitable Recompence for his Services. The Indians of those Parts are not of the most prudent Behaviour, and therefore it seems necessary there should be always among them some discreet Person who by his Influence may be able to regulate their Conduct and keep them firmly attached to the British Interest, more especially at a time when the French leave no means unattempted to alienate their affection from us, and to exclude us from any share of the Benefit of trading with them. Such a Person I take Mr. Montour to be, and as he resides at Ohio he will, I am persuaded, upon a proper Recompence be always ready and willing to serve this Province to the utmost of his power.
" JAMES HAMILTON.
" August 8th, 1750."
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At a Council held at the Council Chamber, Tuesday the 9th Au- gust, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hassell, )
Robert Strettell,
Joseph Turner,
Thomas Hopkinson,
William Logan,
Esqrs.
Richard Peters.
The Minutes of the preceding Council were read and approv'd.
The Governor having received a Message by Six Members that the House met yesterday according to adjournment, chose their Speaker, and desired to know when they might present him, ap- pointed them to attend him at eleven o'Clock in the Council Cham- ber, and as it was now that time the Secretary was ordered to tell the House that the Governor required their attendance in this Place immediately. The House, with Isaac Norris, Esquire, at their head, attended accordingly, and Mr. Norris addressing the Gov- ernor spoke as follows : "May it please the Governor, The House of Representatives at their Meeting yesterday, agreeable to their Ad- journment, found themselves under an irreparable Loss by the Death of their late Speaker, whose Knowledge in the Laws render'd him excellently well qualified for that Trust, and proceeded to the Choice of another, which Choice had fallen on him, but inasmuch as there were many Members much better qualified than he for this Trust, he pray'd the Governor would be pleased to desire the House to reconsider their Choice and appoint some fitter Person ; but the Governor saying the House had made a good Choice and such as he approved, Mr. Norris proceeded, saying since the Gov- ernor would not gratify his Request, though he still thought it a reasonable one, but approved the Choice of the House, as the Privileges of the House had been claimed by the late Speaker at the Beginning of the Year, he had nothing to mention now but what was personal, to wit, that his own unwilling mistakes might be excused and not imputed to the House; to which the Governor was pleased to answer it was a Right that ought to be observed." Upon which the House withdrew.
The Governor then reminded the Council that the House in their last January Session had presented to him for his Concur- rence a Bill for the regulating the Probate of Wills within this Province; that he had detained it till now, in hopes of altering it so as to make it useful, but on considering it attentively and fre- quently he dislik'd it exceedingly and proposed to return it with a verbal Message by the Secretary; "That the Bill abolishes long settled Modes of trying last Wills and Testaments and Jurisdictions,
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established under the Royal Charter and by two Acts of Assembly, and creates new Jurisdictions, with such unlimited Powers that the Consequences to the People cannot easily be foreseen; That as the Bill now stands the Governor is apprehensive it may subvert Es- states real, held by former Wills, render Purchases under future Devises precarious, and so endanger Executors and Administrators that no man can hereafter safely undertake these Trusts ; That sup- posing the Governor and Assembly should think convenient to carry the principal Designs of the Bill into a Law, yet if his Ap- prehensions are well-founded the Bill will need so many Alterations and additional Clauses to avoid the Inconveniences and not incur others, that he inclines to think it a Subject proper for a time of more leisure, when the House can give it all the Attention an Affair of such Importance requires;" Which was approved and the Bill ordered to be returned accordingly."
At a Council held at Philadelphia, Thursday the 16th August, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Joseph Turner,
Richard Peters, Esquires.
The Minutes of the preceding Council were read and approved.
The Governor having received from his Grace the Duke of Bed- ford, one of his Majestie's Principal Secretaries of State, a printed Act of Parliament lately made and Entitled " An Act to encourage the Importation of Pig and Bar Iron from his Majesty's Colonies in America, and to prevent the Erection of any Mill or other En- gine for Slitting or Rolling of Iron, or any Plating Forge to work with a Tilt Hammer, or any Furnace for making Steel in any of the said Colonies," The same was read, and likewise a Proclamation proposed to be published in relation thereto, which was approved.
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