USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 49
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" May it Please the Governor :
" As the Prosperity of the Trade of the Province and the Peace and Safety of our remote Inhabitants are essentially concerned in . preserving the Indians in our Alliance steady in their Friendship with Us, the House hath deliberately and maturely considered the Governor's Message, with the several Letters and Papers he was pleased to send with it, and having examined our Province Inter- preter and likewise the two Persons who have lately escaped from their Imprisonment among the French, we do now with Gratitude acknowledge the Regard and Attention to the Interest of the Prov- ince manifested by the Governor on this Occasion.
" We are heartily concerned that the Industry of the French hath met with so much Success with the Indians of the Six Nations, and we doubt not they will carefully improve this Opportunity (given by the Death of Canassatego and the other Chiefs who were our steady Friends) of using many Artifices to alienate the Affec- tions of these Nations from Us, and engage them more closely to the French Interest than they have heretofore been able to do, so that we are sensible there is a Necessity of speedy Measures being immediately taken to avert the unhappy Consequences of losing their Affection and Friendship; and we hope the Care the Gover- nor has taken to inform the Governors of the neighbouring Colonies of the present Disposition of these Indians will be duly regarded. This Province made them a large and valuable Present last Year, and as the Situation and Trade of New York particularly demands
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their steady Attention to the maintaining the Alliance and Friendship of these Nations, we doubt not they will think themselves obliged to take the proper Care on this Occasion; And we believing it may be proper to send them a Message of Condolence on the Death of their Sachems, are willing to make the necessary Provision, if the Governor should concur with Us in directing Conrad Weiser to attend the next Treaty at Albany with such a Message.
"The several Nations of Indians about Ohio appear to Us at this time most immediately to merit and stand in need of our Assist- ance, and as the Governor has informed Us that the Messengers appointed to carry the Present provided by the last Assembly for the Twightwees are not yet set out on their Journey, we have now concluded to make an Addition to that Present, and likewise to direct a Present of larger Value to be provided for the Shawanese, Delawares, Owendats, and other Nations settled near them, in order to confirm them in their Friendship with Us; and as we are informed there are considerable Numbers of those People who are not united in any Government or under any Sachems, which renders it difficult to transact Affairs and treat with them on any Emer- gency, We submit to the Governor's Consideration the Expediency. of recommending to them the Advantage of such an Union, which if it can be effected and maintained without interfering with their Engagements with the Six Nations, may probably discourage the French from any attempts against them, and afford us a greater Opportunity of improving the good Disposition they have lately manifested towards Us, and of keeping them steadily attached to the British Nation.
" The Expences arising on these Negotiations having encreased much of late Years, and being likely to continue, our Duty to the Freemen of this Province obliges Us to repeat the Request made by the Assembly the last Year to the Governor, to recommend to the Proprietaries the Justice of their joining with Us on these Oc- casions. The Benefits they reap from the Settlement of their back Lands are very great, and tend peculiarly to the Advancement of their private Properties, besides what they have in the common Prosperity of the Province and the Increase of a Trade which enables Us to make Remittances directly to Great Britain; that if there were not any other Considerations, these will, we hope, be sufficient to induce the Proprietaries to bear a Part of these Expences ; and as we shall now contribute as much as the present State of our Treasury will permit, we hope on the Governor's In- tercession the Proprietaries will readily consent to direct a proper Addition to be made thereto.
" Signed by Order of the House. "ISAAC NORRIS, Speaker.
"19th October, 1750."
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To which he made this Answer, and set out for Newcastle :
" Gentlemen :
" I have considered your Message of Yesterday, and am well pleased to find your Determinations so agreeable to what I really think the Interest of the Province at this Time requires ; And I shall in the several Particulars recommended by You act conform- ably to your Advice and Request. The Business of my other Gov- ernment requiring my presence at Newcastle immediately, I shall appoint a Committee of the Council to act for me during my absence, in Indian Affairs, in order that all possible Dispatch may be given to that Service."
Agreeably to the Governor's Message some of the Members of Council and Assembly were frequently together, the Goods voted for Ohio were provided, Letters were also wrote by the Secretary to Mr. Croghan and Mr. Montour informing them of this, and furnish- ing them with a List of the Particulars of which the Present con- sisted, under the Great Seal, with Directions to Mr. Montour to publish it and appoint a meeting of all the Indians early in the Spring.
At a Council held at Philadelphia, Tuesday the 6th November, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence,
Thomas Hopkinson,
Joseph Turner, William Logan, Esquires. Richard Peters.
The Minutes of the preceding Council were read and approved.
The Record of the Conviction of John Ulrich Sailor, of Upper Hanover in Philadelphia County, Labourer, and Sentence of Death in Consequence thereof pronounced against him by the Supreme Judges at a Court of Oyer and Terminer held at Philadelphia for the County of Philadelphia on the twenty-second Day of October last, having been certified by the Clerk of the Supreme Court, the same was read, and in regard that the Crime was a most cruel Murder committed against the Person of his Mistress, and that the Judges had said nothing in his Favour, Wednesday Sevennight was appointed for his Execution, of which the Secretary is to give No- tice to the Sheriff and to the Criminal, and to prepare a Warrant for it.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Monday the 10th December, 1749.
PRESENT :
1
Thomas Lawrence,
Samuel Hasell,
Robert Strettell,
Benjamin Shoemaker,
Esqrs. .
Thomas Hopkinson,
William Logan,
Richard Peters.
The Minutes of the preceding Council were read and approved.
The following Affidavit taken before Daniel Broadhead, Esquire, one of the Justices of the County of Bucks, relating to an Obstruc- tion made by some Asopus or Mohiccon Indians to Edward Sculls' surveying Lands within the New Purchase was read, and is as fol- lows :
" On the seventh Day of November, in the Year of our Lord one thousand seven hundred and fifty, Personally appeared before me, Daniel Broadhead, Esquire, one of his Majestie's Justices of the Peace for the County of Bucks, John Williams, Philip Dewees, and John Fish, who on their Solemn Oaths did declare, That being employed by Edward Scull to assist him in Surveying Lands for the Honourable the Proprietaries within the late Purchase made of the Indians, and having proceeded to the Fork of Lechawacksein Creek, were on Sunday the twenty-eighth Day of October last overtook by two Indians, vizt : Cap's. Allamouse and Clitches, who informed Edward Scull that they were sent by their King Tattan- hiek, to prevent his making any Survey of Land on the Creek aforesaid, or on any of its Branches, alledging that the Land belonged to them. Upon which the Captains aforesaid not speaking good English, Edward Scull proposed that one of them should go to an Indian who lived about six miles off, whom they informed him could speak good English, in order that they might the better un- derstand one another, the said Scull declaring at the same time that had he the least Suspicion of meeting with any opposition he would have brought an Interpreter with him. Hereupon Captain Clitches went to the Indian's Cabbin, but returned without him, he being from home. Edward Scull, therefore, on being informed that their King could speak English, resolved to go to his Cabbin, dis- tant about fourteen miles, which he accordingly did the next day, and ordered us to accompany him thither. When We came there the said Scull desired of Tattenhick that he would inform him why he sent the Indians above-mentioned to hinder him from surveying the Land he was ordered by the Governor of Pennsylvania to ser- vey for the Proprietaries Use, informed him that the Land he in- tended to survey was sold about fourteen months before by the Five Nations, shewed him a Draught of the Purchase, and assured him that it was an exact Copy of another Draught which was annex't to
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the Deed which the Five Nations made to the Proprietaries. He likewise desired Tattenhick to give him a positive answer whether he wasdetermined to oppose him in the Execution of the Governor's Orders respecting the Surveying Lands for the Proprietaries agree- able to the Boundaries laid down in the Draught aforesaid, and received for answer that the Land on Lechawacksein, and a con- siderable distance to the Southward, belonged to him and his People, that if the Mohocks had disposed of it they had done what they had no Right to do, and that we must leave the parts and not at- tempt to survey Land on Lechawacksein Creek. The thirtieth of October we returned to Lechawacksein, accompanied by Tattenhick, and six Indians with their Guns, who after some Converse among themselves were unanimous in insisting on our leaving the Parts, which we did the same day, and got to a path leading from Wyo- ming to one John Vanetta's, on Delaware, in the Evening, and came to his House the Saturday following, where Tattenhick pro- mised Edward Scull (and the Proposal was of Tattenhick's propos- ing) to meet him the next Day, but did not perform his Promise. And further these Deponents say not.
" Sworn before me the Day and Year above-mentioned. "DANL. BROADHEAD."
Another Affidavit of like Tenor made by --- before the same Justice was likewise read.
The Board had under consideration a Letter from Mr. Trent, wherein he demanded two hundred and forty-five Pounds for the Carriage of the Indian Present to Ohio, and desired to be favoured with the Governor's Answer. The Secretary was ordered to shew the Letter to the Speaker and to some of the Members in Town, and to know what their Sentiments were about the Demand, and to write them to Mr. Trent.
At a Council at his Honour's House, Thursday, January the 10th, 1750, A. M.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence, Samuel Hassel, Thomas Hopkinson, ( Esquires.
Joseph Turner,
Robert Strettell, William Logan,
The Minutes of the preceding Council were read and approved.
The Governor acquainted the Board that a sufficient Number of the Members of Assembly to make a House had not met on the
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PROVINCIAL COUNCIL.
seventh Instant, the Time to which the House stood adjourn'd, and that tho' now was a sufficient Number in Town, yet as they could not legally meet as a House of Assembly without his Authority, he proposed for the Ease of the Members and to save the Time which must necessarily be spent in calling them by Writ, to summon them to attend him in the Council Chamber; that so being met by his Command they might be constituted a House and proceed to Busi- ness, which was approved by the Board; and a Speech, which the Governor intended to deliver on this Occasion, was likewise read and approved. Then the Council adjourned to the Council Cham- ber.
In the Council Chamber. PRESENT :
His Honour the Governor,
And all the Members as before, except Samuel Hassel, Esquire.
The Members of Assembly being met in the Assembly Room, the Governor sent them the following Message by Mr. Hopkinson :
"The Governor desires the Attendance of the Members of As- sembly in the Council Chamber immediately."
Mr. Pemberton, Mr. Ashbridge, and six other Members of As- sembly delivered the following Message:
"The House apprehending that there is a material Difference between the Message from the Governor delivered this Morning and the Governor's Answer to the Message from the House of the eighth Instant, to prevent all Misunderstanding we request the Governor would be pleased to communicate the Contents of his Message to the House in Writing.
" Sign'd by Order of the House. "ISAAC NORRIS, Speaker. " 10th Jany., 1750-1."
To which the Governor answered that he believed his Message to the Members of Assembly was rightly apprehended, and that there- fore a Copy of it in Writing seemed unnecessary, but if the Mem- bers desired it they might have it. Then Mr. Pemberton, after saying he had delivered what he had in Charge from the House, made some Observations on the Legality of the Meeting of the Members of Assembly, tho' a Quorum had not met on the Day to which the House stood adjourned, and mentioned some President in Governor Gordon's Time, when on a like occasion the Governor had taken Notice of the Members of Assembly as a House before he commanded their Attendance, which President he believed had
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great Weight with many of the Members, and added if the Gov- ernor pleased he would shew him a Copy of the Votes of Assembly where this Fact appeared. To which the Governor was pleased to answer that no such President appeared on the Council Books as far as he had been able to discover, yet he should be very glad to receive all the Information he could; that it would be agreeable to him to act as his Predecessors had done on the like Occasion, as far as was reasonable; but that as this affair appeared to him at pre- sent he could not look on the Members of Assembly as a House legally met, and therefore could not transact Business with them as such till they should be called together by his Authority. Then the printed Votes containing the President referred to by Mr. Pem- berton was delivered to the Governor and the Members of As- sembly withdrew.
The Governor and Council having waited some time for the Attendance of the Members of Assembly, Mr. Hopkinson was sent to ask a Copy of the Message delivered by Mr. Pemberton, which was given him by Mr. Norris; and Mr. Hopkinson was soon after sent with a Copy of the Message delivered by him from the Gov- ernor; and after waiting some time longer, till one o'Clock, the Council broke up, having first agreed to meet at three in the after- noon.
SAME DAY, at three in the Afternoon. PRESENT :
The Honourable the Governor.
Thomas Lawrence,
Joseph Turner,
Samuel Hassel, Thomas Hopkinson, & Esquires.
Robert Strettell, William Logan,
The Consideration of the Legality of the Meeting of the Mem- bers of Assembly and assuming the Title of a House of Representa- tives was resumed, and the Board were unanimously of opinion, that as the Members of Assembly did not sit by vertue of the Ad- journment of the House of Representatives they could not now sit as a House till the Authority of the Governor should be obtained for that Purpose.
Mr. Warner, Mr. Pemberton, and Mr. Fox, members of Assem- bly, waited upon the Governor in Council and read a Paper in these Words :
" The House taking into Consideration the Governor's Message, appointed a considerable number of their Members to wait on the Governor in Pursuance of his Request, to receive what he may have to lay before the House.
"Copy from the Minutes.
"B. FRANKLIN, Clk. of Assemy. " 11 Mon. 10, 1750."
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PROVINCIAL COUNCIL.
To which the Governor returned the following answer :
"I expected, in Compliance with my Message to the Members of Assembly met together in the Assembly Room this morning, the Attendance of all such as were then present.
"I cannot look upon You, Gentlemen, as a Committee of a House of Assembly of this Province, because in my opinion no such House is now sitting, by reason of the Members failing to meet according to adjournment, neither can such House now sit unless legally convened by my Authority; and, therefore, I cannot receive any Message from You as a Committee of a House of As- sembly.
"To Edward Warner, Israel Pemberton, and Joseph Fox, who brought a copy of a Minute, 10 o'clock, P. M."
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January 15th, 1750.
Two Members of the Assembly waited on the Governor with the following Message in Writing, viz. :
A Message to the Governor from the Assembly.
" May it please the Governor :
" A Majority of the Members of this House met on the seventh Instant; the next Day a Quorum appeared, and being now again met in a full House are ready to proceed on Business, and to re- ceive anything the Governor may be pleased to lay before Us.
"Signed by Order of the House.
" ISAAC NORRIS, Speaker.
" 11th Month 15, 1750-1."
Upon the Receipt of the above Message, the Governor taking into consideration that several urgent Affairs of Government required the immediate Sitting of the Assembly which would not well admit of the Delay that must necessarily be occasioned by the issuing of writs to summon the members, determined on that Consideration to recede from his former Resolutions and to dispense with the Form of issuing Writs at present, and to constitute them a House of As- sembly by acknowledging them as such, notwithstanding the loss of their Adjournment, as had sometimes upon like occasions been granted by his Predecessors, and thereupon sent them by his Secre- tary the following Message :
A Message from the Governor to the Gentlemen of the Assembly. , "Mr. Speaker and Gentlemen of the Assembly :
" By what mistake or misfortune you mis't your adjournment I shall not enquire ; You are now restored to your Privileges as at
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first, and I am ready to join with you to enact such Laws as may be for the Interest of the Province.
" What the service of the Publick requires will naturally fall un- der your notice, I shall only at present recommend to you Unani- mity and Despatch in all your Proceedings, and what further may occur shall at a proper time be communicated by Message.
" JAMES HAMILTON. "January 15th, 1750."
Memorandum of what passed between the Governor and some mem- bers of Assembly at his House.
Tuesday, January 8. Mr. Pemberton and Mr. Fox came to me at six afternoon and acquainted me that by order of the House of Rep- resentatives they waited on me to acquaint me that a Quorum was met and were ready to receive any thing I had to lay before them.
I asked Mr. Pemberton whether a Quorum had met on the sev- enth, the Day to which they stood adjourned, or how many had met on that Day, to which he answered twenty-one Members and no more; whereupon I replied that twenty-one not being two-thirds of those who ought to have met, I could not consider them as a House untill they were called by my authority, and that at present I looked upon it that they were absolutely dissolved unless I pleased to make them a House ; But however I would send an answer in writing to them, or to the House (I know not which, but it is probable I might say thro' Inadvertance the House) in the Morning. Accordingly I prepared an Answer and caused it to be delivered on the ninth in the morning by the Secretary to the two Gentlemen who brought me the Message. About one o' the Clock on the ninth Mr Norris, Mr. Pemberton, and Mr. Fox came to me as Friends not as Assem- bly men, and we had a long conference on the subject matter of the Debate, but came to no conclusion, as my answer of the ninth In- stant delivered to Mr. Pemberton and Mr Fox was not communi- cated to the Assemblymen. Mr. Pemberton gave it me back, and I told them I would call my Council in the morning to advise with about it. Accordingly in the morning of the tenth the Council met, and agreed upon the Speech, &ca., and from my house adjourned to the Council Chamber. I then sent the Message by Mr. Hopkinson, and instead of coming according to my Request, After waiting some time Mr. Pemberton and Mr. Ashbridge &ca, to the number of eight, brought me the Message from their Brethren, to which I an- swered that if they brought the Message as from a House of As- sembly I could not receive it as such because I did not look upon them to be a House till they were made so by me. I then sent them my Message, which was before verbally delivered in writing by Mr. Hopkinson.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Saturday, 19th January, 1750. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell, 2 Esquires.
Robert Strettell,
Joseph Turner, S
The Minutes of the preceding Council were read and approved.
The following Letter from Governor Clinton and another from Mr. Croghan, at Ohio, were read, and the following Message was thereupon drawn up and sent to the Assembly :
A Letter from Governor Clinton to Governor Hamilton. "FORT GEORGE in New York, 18th December, 1750. " Sir :
" I take this early opportunity to acquaint you with my Inten- tions to meet the Six Nations of Indians and their Allies at Albany the first week in June next, in hopes of confirming in the British Interest and defeating the Intrigues of the French, who of late late have been very active among them, and by the large Quantities of Goods they have distributed to the several Nations may have rendered their Fidelity to the English very precarious.
"The Expense this Government hath continually supported to preserve the Indians in a good Disposition towards us has been very burthensome, and the great Pains the French are taking to seduce them will greatly increase this charge, which any single Colony will be unable to bear. If the other Colonies should neglect joining therein it may give our Rivals the advantage they have been long labouring to obtain over the English Governments, and in the end be a means of our losing the Indians and with them a very valu- able Branch of Trade, Besides the Calamities we may have reason to fear from their going over to the French, which are too obvious to need mentioning.
" The present wavering Disposition of the Indians may in a great measure be imputed to their dread of the French, which will ever influence their conduct as long as the Colonies remain disunited in their measures. But if they see we are united and resolved here- after to act in conjuction their fears will disperse, and they may easily be brought to look with Contempt on what they before dreaded, seeing they might then rely on a powerful Assistance from us if the French should attack them. And as nothing can more tend to his Majestie's Service and the welfare and Safety of his Pro- vinces than this union of Councils amongst the several Governors upon Indian Affairs, I do now communicate my thoughts on this Head to all the Governors of the British Colonies upon the main
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of America, in hopes that they will see the necessity of establish- ing such an Union, and if they cannot attend the Treaty at Albany in Person, then to send Commissioners to concert and conclude on the necessary measures to be taken on this important occasion, as- suring myself they will come furnished with proper Presents to be distributed among the Indians at this meeting, at which I flatter myself with your Excellency's assistance or that of Commissioners from your Government.
" If this Proposal of an Interview between the several Governors or Commissioners representing them be approved of, and they meet accordingly, it will I conceive be very proper they should examine into and draw up a State of the Indian Affairs to be laid before his Majesty, and at the same time consider whether it would not be a proper step to agree on a Representation to the Governor General of Canada touching the conduct of some of the Governors and officers under him, who have been guilty of Infractions of the Treaties of Peace Subsisting between Great Britain and France, and particularly of the 15th Article of the Treaty of Utrecht, es- pecially if it is done with such a concurrence upon good Proofs which I hope all who know of any such will come furnished with, or with the means of procuring them.
"Some other Governments I send this Letter to may possibly think they have no concern with Indian Affairs, because other Pro- vinces lay between them and the Indians ; But if our Indians should be gained by the French they may soon be induced to Harrass the Colonies lying between such other Governments and the Indians, so as to oblige the Inhabitants to desert them, as lately happened to the greatest Part of the County of Albany in this Province. In this case (which God avert) they will find when too late that they had an Interest in Indian Affairs, to which if they had duly attended these dreadful consequences might for ever have been prevented ; And as the very news of such an union of Councils must on the one hand greatly encourage the Indians to be steady to the British Interest, so on the other it may tend to discourage the French from continuing their Endeavours to draw over our Indians from us. I am with very great regard,
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