USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 51
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A Bill Entitled " An Act for erecting Houses of Correction and Workhouses in the Counties of Lancaster, York, and Cumberland, within this Province," was presented to the Governor by the As- sembly for his concurrence, and was read the first time and in part considered.
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At a Council held at Philadelphia, Wednesday the sixth of February, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence,
Samuel Hassell,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner, Thomas Hopkinson, Esquires.
William Logan,
Richard Peters.
The Minutes of the preceding Council were read and approved.
The Governor on the second Instant received the following Mess- age from the Assembly in answer to his relating to the Watch Bill, whereupon he had resumed the consideration thereof, and after consulting the Attorney General and such of the council as were members of the City Corporation, he had drawn up a Set of amend- ments which were read, and after long consideration and some alterations the amendments were agreed to and the Secretary was ordered to return the Bill with those amendments.
A Message to the Governor from the Assembly.
" May it please the Governor :
" We have read and considered the Governor's Message upon our Bill, for regulating the Nightly Watch, &ca., and are much pleased
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to find how sensible he is ' of the many Dangers the Inhabitants of the City of Philadelphia are exposed to by the Darkness of their Streets and the want of a well-regulated watch in the Night; of the earnest Desires of the Inhabitants, and of our good Intentions to provide for their speedy Relief.' This induces us to hope the Governor, upon mature Consideration, will be pleased to pass our Bill, as on our Parts we have carefully endeavoured to answer the Desires of the Inhabitants of this City as nearly as might be in conformity with the Prayers of their Petition, upon which the Bill was originally founded. But we are deeply affected with the ap- prehensions the Governor entertains, 'That the Provisions in the Bill which relate to the Properties, and may essentially affect the Liberties of the Inhabitants of the Province resorting to the city, are such as we have had no experience of, and seem in many In- stances to deviate from the Laws of our Mother Country in the like cases.' In forming of this Bill we have constantly had in view the Method prescribed by our Laws for raising County Rates and Levies, because on long experience we have found them to give general Satisfaction to the Inhabitants of this Province, and effectual in discharging the Publick Debts with Honour. We are not sensible of any material Difference in this Bill unless the In- habitants of the city of Philadelphia, by any misfortunes peculiar to themselves, must be precluded from that Benefit which every other Part of the Province has a Right to; And should we in any instance 'seem to deviate from the Laws of our Mother Country in like cases,' we hope, on examination, they will appear neither to contradict nor vary from them farther than our Charters and our Laws warrant us in order to make them more suitable to the cir- cumstances of this Province.
"The Necessity of an immediate Provision for securing the Inhabitants of this city from their Fears and the great Dangers they are liable to continually for want of a sufficient and regular Watch in the Night, call upon us to become earnest sollicitors with the Governor that he would be pleased to give the Bill now lying before him all the Dispatch the circumstances of these unhappy times require.
"Signed by order of the House, "ISAAC NORRIS, Speaker. "2d February, 1750."
The Bill for erecting Houses of Correction and work-houses in the Counties of Lancaster, York, and Cumberland, within this Province, was read, amended, and the Bill ordered to be returned to the House with the amendments.
The Governor having received by the last Post a Letter from Governor Clinton, with some Papers relating to Indian Affairs, the same were rcad and sent to the Assembly and are as follows :
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A Letter from Governor Clinton to Governor Hamilton. " Sr .:
" Your Favour of the 22d instant I have received, and am glad that you are of the same opinion with me in relation to Indian Affairs.
" I send you a copy of an Inscription on a leaden Plate stolen from Jean Cœur some months since in the Seneca's Country, as he was going to the River Ohio, which plainly demonstrates the French Scheme by the exorbitant claims therein mentioned ; also a copy of a Cajuga Sachim's Speech to Colo. Johnson, with his Reply, on the sub- ject matter of the Plate, which I hope will come time enough to communicate to your Assembly.
"I am with very great Regard, S',,
" Your Honour's most obedient and very humble Servant,
"G. CLINTON.
" FORT GEORGE, 29th January, 1750."
The Speech of a Cajuga Sachim to Col. Johnson, with his Reply. " MOUNT JOHNSON, December 4th, 1750.
" At the desire of the Five Nations, I called the Chiefs of the Mohawks to my House where Scanaghradeya, a Cajuga Sachim, after the usual compliments, spoke to me as follows :
" ' Brother Corlear & Warraghiyagee :
"' I am sent here by the Five Nations (with a Piece of writing which the Senecas our Brethren got by some Artifice from Jean Cour) to you, Earnestly beseeching you will let us know what it means, and as we put all our Confidence in you or Brother, hope you will explain it ingeniously to us.'
" Deliver'd a leaden Square Plate.
" A Belt of Wampum.
"' Brother-I am ordered further to acquaint you that Jean Cour, the French Interpreter, when on his Journey (this last summer) to Ohio River, Spoke thus to the Five Nations & others in our Al- liance.
"' Children-Your Father (meaning the French Governor) having out of a tender Regard for you considered the great Difficul- ties you labour under by carrying your Goods, Canoes, &ca., over the great carrying Place of Niagara, has desired me to acquaint you that in order to ease you all of so much trouble for the future he is resolved to build a House at the other end of said carrying Place, which he will furnish with all necessaries requisite for your use.'
" A Belt of Wampum.
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"' Brother-Jean Cour also told us that he was now on his way to Ohio River, where he intended to stay three years & desired some of Us to accompany him thither, which we refused, whereupon he answered he was much surprised at our not consenting to go with him, inasmuch as it was for our Interest & ease he was sent thither to build a House there, also at the carrying Place between said River Ohio and Lake Erie, where all the Western Indians should be supplied with whatever Goods they may have occasion for, & not be at the trouble & loss of time of going so far to Market as usual, (meaning Oswego) after this; he desired to know our opinion of the Affair & begged our Consent to build in said Places; he gave us & large Belt of Wampum thereon desiring our answer, which we told him we would take some time to consider of.
""' Brother-We have nothing further to add at present but to as- quaint you that your Brethren the Senecas have made two new Sachims, which they desired I would let you know, and their titles, so that when you may have occasion to speak to them you should be at a Loss therein ; they are called O'nogh'caritawey and Sagan- giona, two very good men, whom we hope may be agreeable to you.'
" A String of Wampum.
"' Brethren of the Five Nations :
"""' I am always glad to see you here at my House, but never more so than at this Juncture, as it puts it in my Power now to be of the greatest Service to you and of convincing you that the Confidence you have always reposed in me was justly grounded, and will ever prove the greatest advantage to you while you continue to behave as you should, and follow your Brother the Governor's advice and not suffer yourselves to be wheedled or mislead by the fine Speeches of your greatest Enemy the French, who have not nor ever had your welfare at heart, as you are sensible of from their many former Cruelties and ill Treatment to your People. But their Scheme now laid against you and yours (at a time when they are feeding you up with fine P'romises of serving you in several Shapes) is worse than all the rest, as will appear by their own writing here on this Plate. Note .- I repeat here the Substance of said writing with some neces- sary additions. Giving a large Belt of Wampum to confirm what I said, which Belt with the rest are to sent through all the nations as far as Ohio River.
""Brethren-This is an affair of the greatest Importance to you, as nothing less than all your Lands and best Hunting Places are aimed at, with a view of secluding You entirely from Us and the Rest of your Brethren, viz., the Philadelphians, Virginians, &ca., who can always supply You with the necessaries of Life at a much lower rate than the French ever did or could, and under whose Pro- tection you are and ever will be safer and better served in every respect than under the French. These and a hundred other sub- stantial Reasons I could give you to convince you that the French.
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are your implacable Enemys; but as I told you before the very In- strument you now brought me of their own writing is sufficient of itself to convince the world of their villainous designs, therefore I need not be at the trouble, so shall only desire that you and all other Nations in Alliance with you Seriously consider your own Interest, and by no means submit to the impending danger which now threatens You, the only way to prevent which is to turn Jean Cour away immediately from Ohio and tell him that the French shall neither build there or at the carrying Place of Niagara, nor have a foot of Land more from You. Brethren : what I now say I expect and insist upon it be taken Notice of and sent to the Indians at Ohio that they may immediately know the vile Designs of the French.'
" A Belt of Wampum.
"' Brother Corlear & Warraghiyagee :
""' I have with great attention and Surprise heard you repeat the Substance of that Devilish writing which I brought You, and also with Pleasure noticed Your just Remarks thereon, which really agree with my own Sentiments on it. I return You my most hearty thanks in the name of all the nations for Your Brotherly Love and Cordial advice, which I promise you sincerely (by this Belt of Wampum) shall be communicated immediately and Ver- batim to the Five Nations by myself, and moreover shall see it forwarded from the Seneca's Castle with Belts from each of our own Nations to the Indians at Ohio to strengthen Your desire, as I am thoroughly satisfied you have our Interest at Heart.
"WM. JOHNSON.
" A true Copy, Examª this 24th January, 1750. " GEO. BANYAR, D. SECRY."
The Inscription of the French on Leaden Plates, buried at Ohio, is as follows :
"IN THE YEAR 1749, DURING THE REIGN OF LOUIS XV., KING OF FRANCE, W. E. CELORON, COMMANDER OF A DETACHMENT SENT BY THE MARQUIS DE LAGA- LISSONIERE, COMMANDER-IN-CHIEF OF NEW FRANCE, TO RESTORE TRANQUILLITY IN SOME SAVAGE VIL- LAGES OF THESE DISTRICTS, HAVE BURIED THIS PLATE AT THE CONFLUENCE OF THE OHIO AND TCH- A-DA-KOIN, THIS 29TH OF JULY, NEAR THE RIVER OHIO, ALIAS 'BEAUTIFUL RIVER' (BELLE RIVIERE), AS A MONUMENT OF OUR HAVING RE-TAKEN POS- SESSION OF THE SAID RIVER OHIO AND OF THOSE THAT FALL INTO THE SAME, AND OF ALL THE LANDS ON BOTH SIDES AS FAR AS THE SOURCES OF THE SAID RIVERS, AS WELL AS OF THOSE OF WHICH THE PRE-
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CEDING KINGS OF FRANCE HAVE ENJOYED POSSES- SION, PARTLY BY FORCE OF ARMS, PARTLY BY TREA- TIES, ESPECIALLY BY THOSE OF RISWICK, UTRECHT, AND AIX-LA-CHAPELLE."
The above is a translation of an inscription in French on a leaden plate which was buried at the mouth of the Ohio, &ca.
A Message was sent to the Governor by the House in answer to his delivered with the Bill for regulating the Probate of Wills, which follows in these words :
A Message to the Governor from the Assembly.
" May it please the Governor :
" The Manner in which the Bill for regulating the Probate of Wills was recommended to the last Assembly, 'as a Bill proper to be considered at a time of more leisure, when the House could give it all the Attention an Affair of such Importance required,' induced us to hope that at this time, when we have all the Leisure and Willingness necessary to finish this Bill, the Governor would have ' proposed such Clauses to be added or have altered it so as to avoid any Inconveniences which he might apprehend would arise from the Bill as it stood, and not incur others ;' But if the Governor sup- poses the Reasons he has been pleased to send us are decisive, we beg Leave to declare our Sentiments upon such of them as relate to the Powers of the Register General or his Deputies, with such Justices as he may call to his Assistance by Vertue of our Acts of Assembly, to judge of the validity of Last Wills made concerning Lands only, or such wills as concern Lands and Goods, that they are, so far as regards the Lands, not only against the words and Intention of those Acts, but directly repugnant to the Laws of England.
" We hope when the Governor considers the dangerous Conse- quence of trusting such Powers in the Hands of the Register General and his Deputies, as in a great Degree subjects the Last Will of every Inhabitant of this Province to their Decision, he will excuse our earnest Desires to be heard upon this Occasion, as becoming us with regard to himself and our incumbent Duty to our Constituents.
" Signed by Order of the House.
"ISAAC NORRIS, Speaker.
" February the 5th, 1750."
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At a Council held at Philadelphia, Friday the 8th February, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence,
Samuel Hassell, 7 Esqrs.
Robert Strettell,
Joseph Turner,
Benjamin Shoemaker,
William Logan,
Thomas Hopkinson,
Richard Peters,
The Minutes of the preceding Council were read and approved.
The House returned the Bill for Erecting Houses of Correction and Workhouses in the Counties of Lancaster, York, and Cumber- land, within this Province, with a Verbal Message That the House having considered the Governor's amendments to that Bill are of opinion that the Bill as it now stands is well suited to the Circum- stances of those Counties; that the Governor's amendments will wholly alter the Design thereof, and therefore the House adheres to the Bill. To which the Governor sent them an answer by his Sec- retary in the words following: That he is sorry he differs in Senti- ments from the House with regard to that Bill; but as the amend- ments by him proposed are the Result of his Judgment, after mature Consideration of the Bill, he cannot therefore recede from them.
And at the same time the following written Message relating to the Bill for regulating the Probate of Wills was likewise delivered by the Secretary to the House.
A Message from the Governor to the Assembly.
" Gentlemen :
"When I sent the last Assembly the Message mentioned in Yours of the fifth Instant, Alto' I saw many Inconveniences attend- ing the Bill for regulating the Probate of wills then before me, yet I was unwilling to refuse my Assent to it without that due Consid- eration which I shall ever have of Matters coming from the Repre- sentatives of the Province of Pennsylvania. I have since considered it with the utmost care, and as the Bill lately sent down to you is essentially the same, I have given you my Reasons why I cannot pass the latter into a Law, and am not capable of saying more upon the Subject.
"JAMES HAMILTON.
" February 7, 1750."
The Assembly returned to the Governor the Bill for the better regulating the Nightly Watch within the City of Philadelphia, and for enlightening the Streets, Lanes, and Alleys of the said City,
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and for raising Money on the Inhabitants of the said City for de- fraying the necessary Expences thereof, with the amendments and a Paper setting forth that some of them were agreed to and others not; which Paper was taken into Consideration by the Council and returned by the Governor with the Bill to the House, and a Mess- age that the Governor would pass it as it was then amended, to which the Assembly agreed.
A Bill to encourage the establishing an Hospital for the Relief of the Sick Poor of this Province, and for the Reception and Cure of Lunaticks, was delivered to the Governor in Council for his Con- currence ; and after mature Consideration it was unanimously agreed that the Bill be detained till the next Sessions.
At a Council held at Philadelphia, Saturday the 9th February, 1750.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence,
Samuel Hassel,
Robert Strettell,
Joseph Turner, 1 Esquires.
Benjamin Shoemaker,
William Logan,
Thomas Hopkinson, Richard Peters,
The Minutes of the preceding Council were read and approved.
The following Message was delivered yesterday evening by two Members to the Governor :
A Message to the Governor from the Assembly.
" May it Please the Governor :
" We have taken into our serious Consideration the Governor's Messages concerning Indian Affairs, with Governor Clinton's Let- ters and the other Letters and Papers therein referred to, and being fully convinced that these Matters are of such Importance as to deserve our Care and Attention, we have concluded to meet again some weeks before the Time proposed by Governor Clinton for the Treaty with the Indians of the Six Nations at Albany, in order that we may then be more fully informed of the Affairs of the Indians in our Alliance, and may consider what may be fitting for us to do with regard to them, and whether it will be necessary for Us to bear a Part in the said Treaty.
"As the Money voted at our last Sessions for a Present to the Indians at Ohio was soon after laid out in Goods proper for them, We have (in order to expedite their being sent forward as soon as possible) enjoined Conrad Weiser to go over Sasquehannah and agree for their Carriage, and carefully to observe such Directions VOL. V .- 33.
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as the Governor may be pleased to give him for that Purpose, and the Provincial Treasurer to discharge such Sums as he may con- tract to pay for the charges of conveying those Goods to Ohio.
"The Regard and Concern expressed by the Governor on this Occasion is very grateful to Us, and engages us fully to confide in his Assurances of performing what we may hereafter request him to do therein for the Interest of the Province.
" Signed by Order of the House.
"ISAAC NORRIS, Speaker. " February 8, 1750."
Then the two Members informed the Governor that the House inclined to adjourn to the sixth of May next, that they have agreed to his amendments of all the Bills which would be engrossed ready for Examination to-morrow morning, and further that he would let the House know his Result on the Hospital Bill; in answer to which his Honour told them that he had no objection to the pro- posed time of adjournment, that he would appoint two Members of his Council to join a Committee of the House in examining the Bills as this Morning, and that it was impracticable for him to consider the Hospital Bill duly, but he would send his Sentiments thereon to the House at their next Sitting.
" The engrossed Bill having been compared and found to agree, and the Speaker with the House having presented them to the Gov- ernor in order that they might be enacted into Laws, his Honour passed the three following acts, viz. :
" AN ACT for explaining and ascertaining the Boundary Line be- tween the Counties of York and Cumberland, in the Province of Pennsylvania."
" AN ACT for the more effectual preventing Accidents which may happen by Fire, and for suppressing Idleness, Drunkenness, and other Debaucheries."
" AN ACT for the better regulating the Nightly watch within the City of Philadelphia, and for enlightening the Streets, Lanes, and Alleys of the said City, and for raising of Money on the Inhabit- ants of the said City for defraying the necessary Expences thereof."
Then the Speaker presented the Governor with an Order on the Treasurer for Six Hundred Pounds.
MEMORANDUM.
During the course of this Session the Governor had several pri- vate Conferences with the Speaker and some of the principal Mem- bers of the House on the State of Indian Affairs, and was in hopes that the following Proposal made by the Proprietaries would have induced them to encourage him to order the Persons intrusted with the Delivery of the Present at Ohio to make the Indians some over-
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tures of this sort; but the Members appeared extremely averse to it, which obliged the Governor to desire Mr. Croghan to do no more than sound the Indians in a private manner that he might know their Sentiments before he should do any thing further in the mat- ter, well knowing that unless the Assembly would go heartily into the Affair and make some Provision along with the Proprietaries for the maintenance of the Fort or Block-House, and the People to be appointed for this service, it would be to no purpose to stir in it. He, therefore, contented himself with laying before the Assembly the following Extract :
An Extract from the Proprietarie's Letter.
" The Account you give of a Party of French having come to Allegheny and laid claim to that Country and the Tribes of Indi- ans with whom we have lately entered into Treaty, a good deal alarms me; and I hear that Party is returned to Canada threatning to return with a greater Force next year. I have communicated the French Commandant's Letter and Paper, with an account of the Affair, to the Duke of Bedford and Lord Halifax, and I think something shou'd be done immediately, if it can by consent of the Indians, to take Possession. This I think you shou'd advise with the Council and Assembly about, as it is of great Import to the Trade of the Province to have a Settlement there and an House a little more secure than an Indian Cabbin. I make no doubt the Indians would readily consent to such a Settlement ; and if there is Stone and Lime in the neighborhood I think an House with thick walls of Stone with small Bastions might be built at no very great Expence, as it is little matter how rough it is within side ; or a wall of that sort perhaps fifty feet square, with a small Log House in the middle of it, might perhaps do better. The command of this might be given to the principal Indian Trader, and he be obliged to keep Four or Six Men at it who might serve him in it; and the House be his Magazine for Goods. If something of this sort can be done we shall be willing to be at the expence of four hundred Pounds Cur- rency for the building of it, and of one hundred Pounds a Year for keeping some men with a few Arms and some Powder; this, with what the Assembly might be enduced to give, will in some measure protect the Trade, and be a mark of Possession. However few the Men are they should wear an uniform Dress, that tho' very small it may look Fort like.
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At a Council held at Philadelphia, Tuesday the seventh of May, 1751.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor. Thomas Lawrence,
Thomas Hopkinson,
Richard Peters,
Benjamin Shoemaker, r
William Logan, Esqrs.
The Minutes of the preceding Council were read and approved.
A Message was last night delivered to the Governor by two Mem- bers of Assembly that the House was met pursuant to their Ad- journment, and was ready to receive any thing the Governor might have to lay before them.
The Governor signed a Writ to the Sheriff of Philadelphia to elect a new Representative for that county in the room of the late William Clymer, deceased, at the Instance of the Secretary, on the Speaker's Order, directed to him for that Purpose.
The Governor having consulted the Attorney General and con- ferred with his Council on the Hospital Bill, the following Amend- ments were thought proper to be made to the Bill and sent along with it to the Assembly :
" Amendments to the Bill Entitled ' An Act to encourage the es- tablishing an Hospital for the Relief of the sick Poor of this Province, and for the Reception and cure of Lunaticks.'
"1. Leave out all the Words between the word [whom] in the fourth line of the 3d page, and the Word [Contribute ] in the 5th & 6th Lines of the same Page, and in their Place insert [have con- tributed or subscribed, or shall before the first Day of the Third Month called May next, or shall after the said first Day of May].
"2. Between the word [towards] at the End of the 6th Line of 3d Page, and the word [establishing] at the beginning of the 7th line of the same page, insert the words [the founding and].
"3. Between the words [Provine] and [to] in the 9th line of the 3d Page insert the words [or as many of them as shall think fit].
"4. Between the word [Contributors] in the 18th & 19th lines of 3d Page and the word [or] in the 19th line of same page, insert the word [met].
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