Colonial records of Pennsylvania, Vol. V, Part 73

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 808

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" Under these Circumstances how must the Proprietaries or Free- men of this Province conduct themselves to the Satisfaction of the Governor in order to be once more restored to the Rights granted to the Proprietaries and People of this Province by the Royal and Provincial Charters. That the Proprietaries may have some In- fluence over him is not improbable, but how far the good People or their Representatives may expect to have any on this or any other Occasion, we fear is too evident.

" The Governor is pleased to say in answer to our Message of the Fifth Instant upon the mischievous Tendency of the Bill brought into Parliament in 1749, 'That he is still of the same Opinion with Regard to that Bill, but thinks a moderate Share of Penetra- tion is sufficient to distinguish between an Act to enforce all Orders and Instructions of the Crown of whatever nature, and a Royal Instruction founded on an address of the Parliament that only re- lates to one particular Point in which his Majestie's Prerogative may be supposed to be concerned, and besides is plainly calculated to do justice between Man and Man, and we must certainly allow him to be Judge of the Necessity he is under of paying Obedience to the King's Instruction when a disregard of it is threatned with his Majestie's highest Displeasure.'

" Upon which your Committee beg Leave to remark : They ap- prehend all Royal Orders and Instructions subject the Governors to whom they are directed, and their Successors too as the Governor is pleased to inform us, to the Royal Displeasure, unless such In- structions are revoked by his Majestie's Authority, and yet we cannot find that Governor Keith, to whom it was directed, or Gov- ernor Gordon his Successor, or Governor Thomas, or our present Governor, have ever thought themselves under any Danger of incur- ring his Majestie's Displeasure for a total neglect and direct Disobe- dience to the additional Instruction of the Lords Justices in 1723, the original of which we make no doubt, as well as of the Instruc- tion of 1740, is in the Governor's Possession, and the Substance of both we know to be printed with the Minutes of our House. Why, then, an Instruction allowed to be in Force in 1723, and still unrevoked, should be of no Effect, and an additional Instruction of the Lords Justices in 1740, possibly revoked by the Conduct of the succeeding Sessions of the same Parliament, upon whose Address to his Majesty that Instruction was founded, should be so strictly" binding, 'is what We cannot apprehend.'

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" But the Governor is pleased to say, 'We must certainly allow him to be Judge of the Necessity he is under of paying Obedience to the King's Instructions when a Disregard of it is threatened with his Majestie's highest Displeasure.'

" If then the Governor, when he takes it for granted that We must certainly leave him to judge for himself in this case, is intended to mean 'That he cannot bring himself to think that he can ever be freed from the obligation of paying a strict Obedience to all Royal Instructions until the same shall be revoked, or that he may be otherwise discharged from them by his Majestie's Authority,' why then has he so totally disregarded the Lords Justices' additional Instruction of 1723.

"Or if the Governor means We must certainly leave him to judge of the Necessity of remembring or not remembring the Royal Instructions, as the one or the other may suit the Purposes of the Governor to whom they are directed, or such of his Succes- sors as may claim a Protection under them, How is this to be recon- ciled with the great Regard the Governor is pleased to declare he has to the Liberties and Privileges of the People ?

" Again, if he means Royal Instructions, if unknown to him, tho' possessed of the Originals, are not binding and cannot be attended with any Danger of his Majestie's Displeasure, why had he not been pleased to forget the Instruction of 1740 as well as the Instruction of 1723, since there appears no greater Danger, as far as we know, from a Disregard of one than of the other ?

" But if the Liberty the Governor contends for can mean that We must allow him to judge for himself how far he may or may not obey such Royal Instructions at his own Risque (as his Majestie's highest Displeasure is threatened against him particu- larly) and at his own Pleasure too, then we must own we are at a Loss to distinguish any great Difference between the mischievous Tendency of an Act to enforce all Orders and Instructions of the Crown whatever, and the Necessity the Governor is pleased to think we are under to allow him the Power of enforcing them whenever he shall think fit, with this Preference, however, that We would far rather chuse to submit ourselves and our Cause to the King and the Justice of a British Parliament than to the meer Will of our Governor, whether to enforce or disregard them, however they may have answered their Ends or otherwise abated of their Force. And in the present Case we hope the Governor on Reflection will pay some Regard to the Judgment of the same Parliament, from which the Address to the Crown had been preferred to issue this addi- tional Instruction, who altho' requested in their next Session by the Board of Trade to address the Crown again that he would be pleased to repeat his Instructions to the Governors in his American Colonies, have not only never complied therewith that we know of, but have since passed an Act for restraining the

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Issuing the Bills of Credit in those particular Colonies where after a full Enquiry they found such Emissions injurious to the Trade of Great Britain or not calculated to do Justice between Man and Man, and have left Us, as we presume, exonerated from the Burden of this additional Instruction and in full Power over our Laws upon the Terms of our Charters; and so long as we ask nothing further than is warranted by these, we hope it neither will nor can interfere with the Royal Prerogatives.

" It may be presumed the Representatives of this Province when met in their Assemblies have some valuable Privileges yet left in framing their Laws to do Justice between Man and Man without the aid of an additional Instruction ; and we hope it cannot be ex- pected that we should very easily part with those Rights and de- pend on Royal Instructions over which we are to allow the Gov- ernor the Power he is pleased to contend for; and we have no rea- son to doubt all Men of Understanding and Candour will prefer a regular Course of Laws occasionally suited to the Times, and framed by the Representatives of the People annually chosen and assented to by their Governor, to a Series of Instructions sent for that Purpose from so great a Distance.

" For our own Part we are fully satisfied and assured that so long as we continue in our Duty and Loyalty to the best of Kings, who has been pleased to declare 'That nothing in this World can give him so much Pleasure as to see (his Subjects) a flourishing and happy People,' and neither claim nor desire other or greater Privi- leges than those we have a Right to under the Grant of his Royal Predecessors, we can have nothing to fear from the King or a Brit- ish Parliament; and as it is our Duty to defend these in the best Manner we are able, in the faithful Discharge of so high a Trust we shall have the Satisfaction of our own Minds, and we hope the Countenance of all good Men, notwithstanding the Governor's Opinion that the Charge made against this Province (among other Charter Provinces) by the Board of Trade is not much to our advan- tage.

" Upon the whole, your Committee beg leave to add they appre- hend it must be not only a Loss of Time to the Representatives, · but a great Expence to the Country to prepare Bills for the Gov- ernor's Assent if he should be bound by private Instructions from our Proprietaries and should not be able to bring himself to think he could ever be freed from the Obligation of paying a strict obedi- ence to these Instructions until the same should be revoked. That there are such Obligations or Instructions which may possibly have some Weight in the present Dispute, as well as the additional In- struction of 1740, your Committee have good Reason to believe. In order, therefore, to do Justice to our Governor as well as our Constituents, and to save all unnecessary Expence and Loss of Time to both, we submit to the Consideration of the House how far they

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may judge it necessary to reccommend this Enquiry to the succeed- ing Assembly. Submitted to the Correction of the House by

"EVAN MORGAN,

"JOSHUA MORRIS,

"BENJ. FRANKLIN,

"HUGH ROBERTS,

" MAHLON KIRKBRIDE,

" GEORGE ASHBRIDGE, " JAMES WRIGHT,

" JOHN WRIGHT,

"JOHN ARMSTRONG,

" MOSES STARR,

"JAMES BURNSIDE.

"In Assembly, 11th Sept™-, 1753."

This Report discovers so much Heat and Unreasonableness in the Assembly that the Council thought it would be better to return the Bill with a Negative than amend it; and to recomend some other Method of raising Money.

Whereupon the Governor proposed the following Message, which was read and approved, and sent by the Secretary to the House.

A Message from the Governor to the Assembly.

" Gentlemen :

" As neither my Inclination, the Shortness and Urgency of the Time, nor the Circumstances of my Health, will admit of my en- gaging in Controversy on the Subject of the Paper Money Bill lately presented for my Approbation, I will cut off all Occasions for that by giving, as I hereby do, an absolute Negative to the Bill.

"You cannot but be sensible, Gentlemen, that the Funds You are now possessed of, which are to continue yet for several Years without Diminution, are greatly more than sufficiont for the Sup- port of Government; and notwithstanding what You are pleased to say of your ' present Deliberations depending in a great Measure upon the Success of your Money Bill,' I promise myself I shall find You much better Subjects to his Majesty, as well as greater Lovers of your Country, than to suffer your Duty to the One or your Zeal for the Preservation of the Other to be governed by a Concurrence or Disagreement of Sentiments between You and Me, upon a Point in which each of us have an independant Right to judge for ourselves.

" If, however, You should be of Opinion that there will be a Necessity to strike a further Sum in the Bills of Credit to defray the Charges of raising Supplies for his Majestie's Service in this Time of imminent Danger, and will create a proper Fund or Funds for sinking the same in a few Years, I will concur with You in

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passing a Law for that Purpose, thinking myself sufficiently war- ranted so to do in cases of real Emergency.

" And now, Gentlemen, I hope you will, upon due Consideration, be of Opinion with me that the chief End of your Bill will be hereby in a great measure answered, as the Sum to be struck and circulated upon this occasion will be such an Addition to your present Currency as probably may be thought sufficient for some time.

" I have nothing farther to say at present but to thank you for your Acknowledgments of my Care in Indian Affairs, and to press you to hasten your Resolutions upon the Matters recommended in my last Message, that I may as soon as possible be able to acquaint the Governor of Virginia what assistance he may expect from this Province.

" JAMES HAMILTON.

" February 19th, 1754."

At a Council held at Philadelphia Wednesday the 20th of Febru- ary, 1754.

The Governor still indisposed.

PRESENT :

John Penn, Robert Strettell,

Thomas Lawrence, Benjamin Shoemaker,

Joseph Turner, Richard Peters, } Esquires.

The Minutes of the preceding Council were read and approved.

The Governor ordered the Secretary to inform the Council that Andrew Montour and John Patten were come from the River Ohio; that he had acquainted the Assembly of it by a verbal Message, and told the House he would lay their Dispatches before the Council this afternoon, and before them to-morrow; that the Transactions with the Indians were contained in a Journal sent by Mr. Croghan, and in a Diary taken by Mr. Patten, which he desired might be read and sent to the House.

His Honour further desired that they would examine Mr. Mon- tour and Mr. Patten very strictly concerning the Distance of the Mouth of Mohongialo, Log's Town, Shannoppin, Weningo, and the other Parts of Ohio that were actually seized or going to be seized by the French, giving it as his Opinion that as the Courses and Distances were set down by Mr. Patten in his Diary, in which Mr. Montour had given him his Assistance, he should be desired to make a Map of his Journey, setting them down truly and reducing them to a strait Line.

Accordingly Mr. Croghan's Journal and Mr. Patten's Diary

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were read by the Secretary, and the former ordered to be enter'd in the Minutes of Council, but as Mr. Patten in his Diary had given pretty much the same Account as Mr. Croghan of the publick Business done with the Indians, they did not think it necessary to be transcribed, and agreed with the Governor that a Map should be carefully made by Mr. Patten of the Courses and Distances from the Sasquehannah to the Ohio, and reduce to a strait Line; and that all possible Information should be obtained of this Matter, Mr. Peters acquainted them that a Temporary Line was run by Commissioners of Pennsylvania and Maryland, one hundred and forty-four Miles West from this City; that as soon as Mr. Patten should finish his Map he could shew them where a Meridian would strike the Path he went, and from thence the Distance to the Ohio might be easily calculated so as to admit of very little Doubt.

He further informed them that Mr. Weiser had set down the Distances from the Sasquehannah to Log's Town in his Journal of the Year 1748, and Mr. Montour and other Indian Traders had likewise been frequently examined by the Governor and had given an Account of the Distances of that River from Sasquehannah ac- cording to the Roads they went. All which might be compared in order to find out the true Distance.

George Croghan's Journal, 1754.

" January 12th, 1754.

" I arrived at Turtle Creek about eight miles from the Forks of Mohongialo, where I was informed by John Frazier, an Indian Trader, that Mr. Washington, who was sent by the Governor of Virginia to the French Camp, was returned. Mr. Washington told Mr. Frazier that he had been very well used by the French General; that after he delivered his Message the General told him his Orders were to take all the English he found on the Ohio, which Orders he was determined to obey, and further told him that the English had no business to trade on the Ohio, for that all the Lands of Ohio belonged to his Master the King of France, all to Alegainay Mountain. Mr. Washington told Mr. Frazier the Fort where he was is very strong, and that they had Abundance of Provisions, but they would not let him see their Magazine; there are about one hundred Soldiers and fifty Workmen at that Fort, and as many more at the Upper Fort, and about fifty Men at Weningo with Jean Cœur; the Rest of their Army went home last Fall, but is to return as soon as possible this Spring; when they return they are to come down to Log's Town in order to build a Fort somewhere thereabouts. This is all I had of Mr. Washington's Journey worth relating to your Honour.

" On the thirteenth I arrived at Shanoppin's Town, where Mr. Montour and Mr. Patten overtook me.

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" On the fourteenth we set off to Log's Town, where we found the Indians all drunk ; the first Salutation we got was from one of the Shawonese who told Mr. Montour and myself we were Pri- soners, before we had time to tell them that their Men that were in Prison at Carolina were released, and that we had two of them in our Company. The Shawonese have been very uneasy about those Men that were in Prison, and had not those Men been released it might have been of very ill consequence at this time ; but as soon as they found their Men were released they seem'd all overjoyed, and I believe will prove true to their Alliance.

"On the fifteenth Five Canoes of French came down to Log's Town in Company with the Half King and some more of the Six Nations, in Number an Ensign, a Serjeant, and Fifteen Soldiers.

"On the sixteenth in the morning Mr. Patten took a Walk to where the French had pitched their Tents, and on his returning back by the Officer's Tent he ordered Mr. Patten to be brought in to him, on which Word came to the Town that Mr. Patten was taken Prisoner. Mr. Montour and myself immediately went to where the French was encamped, where we found the French Officer and the Half King in a high Dispute. The Officer told Mr. Montour and Me that he meant no hurt to Mr. Patton, but wondered he should pass backward and forward without calling in. The Indians were all drunk, and seemed very uneasy at the French for stopping Mr. Patten, on which the Officer ordered his Men on board their Canoes and set off to a small Town of the Six Nations about two Miles below the Log's Town, where he intends to stay till the Rest of their Army come down. As to any particulars that pass'd be- tween the Officer and Mr. Patten I refer your Honour to Mr. Patten.

"By a Chickisaw Man who has lived amongst the Shawonese since he was a Lad, and is just returned from the Chickisaw Country where he has been making a Visit to his Friends, we hear that there is a large Body of French at the Falls of Ohio, not less he says than a thousand Men ; that they have abundance of Provisions and Powder and Lead with them, and that they are coming up the River to meet the Army from Canada coming down. He says a Canoe with Ten French Men in her came up to the Lower Shawonese Town with him, but on some of the English Traders' threatning to take them they set back that night without telling their Business.

"By a Message sent here from Fort De Troit by the Owendats to the Six Nations, Delawares, and Shawonese, we hear that the Ottoways are gathering together on this Side Lake Erie, several hundreds of them, in order to cutt off the Shawonese at the Lower Shawonese Town. The French and Ottoways offered the Hatchet to the Owendats but they refused to assist them.

" We hear from Scarrooyady that the Twightwees that went last Spring to Canada to counsel with the French were returned last

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Fall; that they had taken hold of the French Hatchet and were entirely gone back to their old Towns amongst the French.

" From the sixteenth to the twenty-sixth we could do nothing, the Indians being constantly drunk.

"On the twenty sixth the French called the Indians to Council and made them a Present of Goods. On the Indians Return the Half King told Mr. Montour and me he would take an Opportunity to repeat over to Us what the French said to them.

" On the twenty-seventh We called the Indians to Council, and cloathed the Two Shawonese according the Indian Custom, and de- livered them up in Council with your Honour's Speeches sent by Mr. Patten, which Mr. Montour adapted to Indian Forms as much as was in his Power or mine.

" On the twenty-eighth We called the Indians to Council again, and delivered them a large Belt of Black and White Wampum in Your Honour's and the Governor of Virginia's Name, by which we desired they might open their Minds to your Honour, and speak from their Hearts and not from their Lips; and that they might now inform your Honour by Mr. Andrew Montour, whom You had chosen to transact Business between You and your Brethren at Ohio, whether that Speech which they sent your Honour by Lewis Montour was agreed on in Council or not, and assured them they might freely open their Minds to their Brethren your Honour and the Governor of Virginia, as the only Friends and Brethren they had to depend on.

" Gave the Belt.

" After delivering the Belt Mr. Montour gave them the Goods left in my Care by your Honour's Commissioners at Carlisle, and at the same time made a Speech to them to let them know that those Goods were for the Use of their Warriors and Defence of their Country.

" As soon as the Goods were delivered the Half King made a Speech to the Shawonese and Delawares, and told them as their Brother Onas had sent them a large Supply of Necessaries for the Defence of their Country, that he would put it in their Care till all their Warriors would have Occasion to call for it, as their Brethren the English had not yet got a strong House to keep such Things safe in.

"The Thirty-First A Speech delivered by the Half King in Answer to your Honour's Speeches on delivering the Shawonese : "' Brother Onas-

" We return You our hearty Thanks for the Trouble You have taken in sending for our poor Relations the Shawonese, and with these four Strings of Wampum we clear your Eyes and Hearts, that You may see your Brothers the Shawonese clear as You used to do,

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and not think that any small Disturbance shall obstruct the Friend- ship so long subsisting between You and us your Brethren, the Six Nations, Delawares, and Shawonese. We will make all Nations that are in Alliance with Us acquainted with the Care You have had of our People at such a great distance from both You and Us.'

"Gave Four Strings of Wampum.

" A Speech delivered by the Half King.

" Brethren the Governors of Pennsylvania and Virginia : You desire Us to open our Minds to You and to speak from our Hearts, which we assure You, Brethren, we do. You desire We may inform You whether that Speech sent by Lewis Montour was agreed on in Council or not, which We now assure You it was in part; but that Part of giving the Lands to pay the Traders' Debts We know nothing of it; it must have been added by the Traders that wrote the Letter; but we earnestly requested by that Belt, and likewise we now request that our Brother the Governor of Virginia may build a Strong House at the Forks of the Mohongialo, and send some of our young Brethren, their Warriors, to live on it; and we expect our Brother of Pennsylvania will build another House some- where on the River where he shall think proper, where whatever assistance he will think proper to send us may be kept safe for us, as our Enemies are just at hand, and we do not know what Day they may come upon Us. We now acquaint our Brethren that we have our Hatchet in our Hands to strike the Enemy as soon as our Brethren come to our assitance.'

" Gave a Belt and Eight Strings of Wampum.

"THE HALF KING, "SCARRROOYADY, " NEWCOMER, " COSWENTANNEA, "TONELAGUESONA, " SHINGASS, "DELAWARE GEORGE.

" After the Chiefs had signed the last Speech, the Half King , repeated over the French Council, which was as follows :

""'Children : I am come here to tell you that your Father is com- ing here to visit you and to take You under his care, and I desire You may not listen to any ill News You hear, for I assure you he will not hurt You ; 'Tis true he has something to say to your Breth- ren the English, but do you sit still and do not mind what your Father does to your Brothers, for he will not suffer the English to live or tread on this River Ohio; on which he made them a Present of Goods.'

"February the First .- By a Cousin of Mr. Montour's that came to Log's town in company with a Frenchman from Weningo by Land,

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we hear that the French expect Four Hundred Men every Day to the Fort above Weningo, and as soon as they come they are to come down the River to Log's town to take Possession from the English till the rest of the Army comes in the Spring.

" The Frenchman that came here in company with Mr. Montour's Cousin, is Keeper of the King's Stores, and I believe the chief of his Business is to take a view of the Country and to see what Num- ber of English there is here, and to know how the Indians are affected to the French.

"February the Second .- Just as we were leaving the Log's Town, the Indians made the following Speech :

"'Brethren the Governors of Pennsylvania and Virginia : we have opened our Hearts to You and let you know our Minds; we now, by these two Strings of black Wampum, desire You may directly send to our Assistance that You and We may secure the Lands of Ohio, for there is nobody but You our Brethren and ourselves have any Right to the Lands; but if you do not send immediately we shall surely be cut of by our Enemy the French.'

" Gave two Strings of black Wampum.

"February the Second .- A Speech made by Shingass, King of the Delawares.

""'Brother Onas :

"' I am glad to hear all our People here are of one mind; it is true I live here on the River Side, which is the French Road, and I assure you by these three Strings of Wampum that I will neither go down or up, but I will move nearer to my Brethren the English, where I can keep our Women and Children safe from the Enemy.'

"Gave Three Strings of Wampum.

"The above is a true account of our Proceedings, taken down by

"Your Honour's most obedient humble Servant.

" GEORGE CROGHAN. "3d February, 1754.

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Colonial records of Pennsylvania, Vol. V, Part 73

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 808

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 808