USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 76
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754
MINUTES OF THE
Supream Court at Philadelphia, and the Evidence of the Place being within the Limits of this Province was so clear to the Court and Jury that he was convicted of Manslaughter and suffered his Pun- ishment accordingly. Upon this Occasion I must needs tell You, Gentlemen, that if You really did make this Enquiry and received Satisfaction therein, your Suppression of the Truth is extremely disingenuous with regard to me, and that if you did not make it I can impute the Neglect to no other Cause than a Desire to have a plausible Excuse for not paying a proper Regard to his Majestie's Commands.
" I did not expect to have had it objected to me as a Failure in Duty that I did not make the Requisition mentioned in Lord Holder- nesse's Letter by Gentlemen of your Persuasion. You must be all sensible that I have ever been extremely tender with regard to that Point, and have upon all Occasions avoided pressing You impor- tunately upon Matters about which I knew You to have any Scruples, and therefore thought it a very lucky Circumstance that Governor Dinwiddie undertook the Task of making the Requisition, which otherwise I should have been obliged to do in Obedience to his Majestie's Commands, being sensible that the Hostilities complained of were committed within our own Province. Had I made the Re- quisition, would it not in Effect have been setting this Province in the Front of the Opposition ? and had You afterwards refused to grant Supplies for repelling these Invaders, would it not have ex- posed Us to the Contempt and Derision as well of the French as our Indian Allies ? But the Requisition is now made by one of his Majestie's Governors, and You have seen the Answer of the French Commander avowing these Hostilities.
" You have likewise seen in the late Treaty of Carlisle the an- swers of the French Commanders to the Requisitions made by the Indians of the Five Nations, whom the King of France in the Treaty of Utrecht, an Extract whereof was laid before You, acknowledges to be subject to the Dominion of Great Britain, wherein these French Officers declare they have the Orders of the King their Master to oppose them and every one else who should obstruct their making themselves Masters of that Country. And now these Indians, re- duced as they are to the last Necessity, most earnestly beseech Us in Consequence of the Treaties made by them with this and others of his Majestic's Colonies to build Places of Refuge to which their Wives and Families may repair for Safety and Protection, and to send them our Warriors to assist them against these their Enemies, alledging they are too weak to make any considerable Resistance of themselves, and must submit to their superior Force and lose their Lands and Commerce with Us if We do not send them an armed Force.
" What then remains but that You immediately proceed to grant the necessary Supplies for resisting these hostile Attempts and
755
PROVINCIAL COUNCIL.
thereby set a good Example to the neighbouring Colonies, whose Conduct upon this Occasion ought not to be a Rule for Us who are the Province invaded and consequently in the most immediate Danger, which if You refuse to do how can You be said to fulfil our Treaties and ' give the Indians the ready Assistance they depend on under their Wants and Necessities ?' . Or how do You 'demon- . strate your Duty and Loyalty to his Majesty by giving such Sums of Money for the King's Use upon all suitable Occasions as can be reasonably expected ? '
"I for my Part have done my Duty, and any ill Consequences that may happen will not lie at my Door, and therefore, Gentlemen, I earnestly exhort You to do your's, and in every Respect to act up to the high Trust reposed in You as the Representatives of the Peo- ple, that when an Account of your Transactions in Consequence of his Majestie's Orders shall be laid before our Sovereign, which must necessarily be done, both Parts of the Legislature may receive his Royal Approbation.
" That Part of your Message I cannot suffer to pass unobserved, wherein You are pleased to say that the Proprietaries refuse to contribute any Part of your Indian Expenses, which have encreased upon You exceedingly within a few Years. It is true they have refused to do so in the Manner You expected, and have given You their Reasons for the Refusal. But you cannot have forgot the Proposal I made to You in 1750 and 1751 by. their Order, with re- spect to the building a strong Trading House near the Place now invaded and possessed by the French, which generous Offer had You then fit to have closed with all the Mischiefs We now apprehend might have been prevented at a small Expence to the Province, and that Country secured to the English, which hereafter to recover will probably be attended with the Loss of Many Lives as well as a heavy Charge to the Country.
"I join with You in Opinion that it is for the Interest and Ad- vantage of the Province, and our indispensible Duty to send Commissioners to Albany in Concert with those of the other Governments on this Occasion ; and I will take care to appoint suitable Persons for this purpose, and cheerfully concur with You in any proper Bill for the Regulation of the Indian Trade.
"I will enquire into the Conduct of the Magistrates of Cum- berland County, which if found to be as You have set it forth, ren- ders them highly unworthy of the Commission they bear.
"JAMES HAMILTON. " 2d March, 1754."
Then the following Letter which the Governor had sent to the Governor of Virginia was read and ordered to be entered :
"Sir :
" The Assembly of this Province was sitting when your Messen-
3
1, d
I
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756
MINUTES OF THE
ger arrived with your Favour of the twenty-ninth of January, informing me of Major Washington's Return and of the Answer of the Commander of the French Fort, tho' I had not then laid any thing before them owing to a tedious Indisposition, which fall- ing upon my Nerves and Spirits had rendered me extreamely weak and incapable of Business ; yet finding myself then a little better, I communicated to them the Earl of Holdernesse's Letter, with One from the Lords of Trade recommending a general Meet- ing at Albany this Summer, and likewise your several Favours, that by the Express in pacticular, and urged them in the strongest manner I could conceive to grant the necessary Supplies and to lose no time in doing it that I might be enabled to raise a Body of Men to join those of your Government at the Place and Time fixed upon in your Letter.
" Whilst the Assembly had these Matters under Deliberation, Mr. Montour and Mr. Patten arrived from Ohio with a Message from the Allegheny Indians, informing Us that they expected the French Army early in the Spring, and earnestly pressed the Two Governments of Virginia and Pennsylvania to assist them with their Warriors, and that some strong Houses might be forthwith erected, to which they might repair for Safety and Protection. And tho' Mr. Croghan in his Letter to me, and Mr. Montour and Mr. Pat- ten, who were examined by the Assembly, expressly declare that the Indians are too weak to make any considerable Resistance, and if not assisted by their Brethren agreable to their solemn Engage- ments by Treaties, they must surrender to the French without striking a Stroke, especially as the Twightwees have taken up the Hatchet against Us; and alarming as all these Matters are, and fully and incontestably proved, yet the Assembly are not at all moved by them, but as I have good reason to believe will decline granting any Supplies.
" What Reasons they will give I know not, for I have not yet received their Answer to my Message; but as I am informed that nothing to Purpose is to be expected from them I do not think it proper to detain your Messenger any longer, uncertain as I am when they will give their Answer.
" It was unfortunate that at the Time the Assembly were in their Consultations your Speech to the Assembly of the nineteenth of December came to their Knowledge and was published in one of our News Papers, and seeing from thence their unfavourable Dispo- sition, I am told the unwilling Members here laid hold of this as a handle for their doing nothing.
" For my part, under such a general Disinclination as appears in the several Assemblies I can see no other Method than for the Governors to assemble together in a general Meeting and draw up a clear and full Representation of the Situation of Indian Affairs and lay it before his Majesty and wait his Majestie's further Orders thereupon.
757
PROVINCIAL COUNCIL.
"If, nevertheless, contrary to my Expectations, the Assembly should do any thing to Purpose I will inform You of it immediately by Express.
" I refer you to Mr. Montour for further particulars, who sends you Mr. Croghan's Account of his Proceedings at Ohio, and a Let- ter on the Subject. I am, Sir,
"Your Honour's most obedient humble Servant,
"JAMES HAMILTON.
" Philadelphia, 26th February, 1754.
" The Honourable ROBERT DINWIDDIE, Esquire."
The Secretary, by Order of the Governor, communicated the fol- lowing Letter to the Council, received by Express from Mr. Broad- head, one of the Justices of Northampton County, which was read in these Words :
" May it please your Honour :
" Whereas, There has been and is great Disquietude amongst the People of these Parts, occasioned by some New England Gentle- men, to such a Degree that they are all or the Majority of them going to quit and sell their Lands for Trifles; and to my certain Knowledge many of them have advanced Money on said Occasion, in order that they might secure Rights from the New England Pro- prietaries, which Right I suppose is intended to be on Sasquehannah at a Place called Wyomink.
" At the Time those Gentlemen were here, I was at a Loss how to act least I should do the thing not just, therefore desire your Honour will be pleased to favour me with your Advice, and de- pend I shall justly obey your Orders in case they come again.
" As I am conscious of acting with the utmost Honesty, both to the Honourable the Proprietaries in every respect and to every one in general, I am resolved so to continue.
"I am, with very great Respect, "Your Honour's most obedient humble Servant,
"DANL BRODHEAD.
" Dansbury, 21st February, 1754.
"The Honourable JAMES HAMILTON, Esquire."
The Matter appeared to the Council to be of the utmost Import- ance, they thought every Step should be taken that could possibly prevent such a Scene of Confusion as would certainly arise if the People of Connecticut should put their Design in Execution, and therefore recommended it to the Governor to write to the Governor and Deputy Governor of Connecticut, informing them of these Pro- ceedings, setting forth the Mischiefs likely to accrue from them,.
758
MINUTES OF THE
and praying the Interposition of that Government to stop the De- parture of their People on such a Dangerous Enterprize as this, least together with the Concern raised in every Breast by the Un- happiness of a foreign Invasion, the Colonies should have the additional Affliction of seeing a Civil War commence in the Bowels of Two of their most Populous Provinces; and further, thought it would be proper to send Conrad Weiser to the Six Nations and those of Wyomink to put them upon their Guard against those Pro- ceedings.
At a Council held at Philadelphia, Tuesday the 12th of March, 1754.
The Governor still indisposed.
PRESENT :
John Penn,
Benjamin Shoemaker, ? Esquires.
Robert Strettell, Richard Peters,
The Minutes of the preceding Council were read and approved. MEMORANDUM.
On the Fourth Instant a Message was brought by two Members to the Governor, desiring to know if he had any thing further to to lay before them in relation to the Western Bounds of this Pro- vince, and also if he had received any late Advices from the Gov- ernor of Virginia. And the Governor made Answer that he would send down to the House the several Evidences relating to the Western Bounds of Pennsylvania, which convinced him that the Hostilities mentioned in his` Message were committed within this Province, and he made no doubt but they would be as convincing to the House, and further, that he had not received any Advices from Virginia since those he communicated to the House; and ac- cordingly the Governor having received from Mr. Peters, Mr. West, Mr. Montour, and Mr. Patten, their several Informations in Writing, he laid them before the House, together with Mr. Pat- ten's Map, the French Map of Monsieur Bellin bound in Charle- voix's History of Canada, a Certificate of Mr. Scull the Sur- veyor General, and Mr. Grew the Mathematical Professor in the Academy, of the Extent of Five Degrees of Longitude in Latitude Forty, amounting to two hundred and sixty-five Miles, and like- wise a calculation founded upon and drawn up by those several Informations, whence it appeared that from Philadelphia to the River Ohio on a due West Course the Distance did not exceed.
His Honour further order'd the Secretary and the other Gentle- men to attend the House in order to explain to them the Draughts and Calculations, and to give them all the Light possible into this Affair, that they might obtain all manner of Satisfaction as to the
759
PROVINCIAL COUNCIL.
Truth of the French Forts and the River Ohio being within the Limits of this Province.
The Secretary was likewise order'd to deliver this Verbal Message along with the Papers, vizt:
" Sir :
"The Governor now sends down to the House the Grounds on which he founded the Assertion in his Message, that Hostilities are committed by the French within the Limits of his Government, and he has directed me to attend with the Vouchers, Draughts, and some Evidences to the same, in case the House should encline to examine them.
" The Calculation of the Distance of the Ohio from Philadelphia according to the several Informations now given to the Governor is as follows :
" In Latitude Forty a Degree of Longitude is Fifty-Three Statute Mills, so that Five Degrees make two hundred and sixty-five miles (265).
Miles.
" The Length of the Temporary Line from Philadelphia measured is -
144
" A Meridian Line drawn from the End of the Temporary Line cuts Allegheny Path.
" At the three Springs, from which Place by Mr. West, Mr. Montour, and Mr. Patten's Account, on a streight Line to Laurel Hill is
52
[" On a Meridian from Laurel Hill is Weningo Town at about 34 Miles Distance according to Mr. Montour; and this is agreable to Mr. Patten, Mr. Montour, and Mr. West, Who all agree that it is 34 Miles from Laurel Hill to Sha- noppin, and from Shanoppin to Weningo 34 Miles by what Mr. Patten & Mr. West have heard, and by the Estimate of Mr. Montour's Travelling. ] From Laurel Hill to Shanoppin on the River Ohio is -
"From the River Ohio to the Western Boundary of the Province is - 1 265
34 35
"From which Account our Province extends thirty-five Miles to the Westward of Log's Town; And when the Difference between Superficial Measure and Horizontal is computed, as the Course West runs over such vast Mountains and many deep Valleys, it is certain our Bounds must extend much farther.
"By a careful Observation Log's Town lies in 40ª 27º North.
"N. B .- The French Fort on Riviere aux Bœufs lies North from Weningo about thirty Miles."
S
e
.
760
MINUTES OF THE
Information of Mr. Richard Peters to the Governor.
" May it please the Governor :
" Richard Peters informs the Governor that in May, 1739, the Temporary Line was run by Benjamin Eastburn and other Surveyors, who as well as the Chain Carriers were upon their Oaths or Affirma- tions, and that the Line was run to the Kittochtinny Hills, in Cum- berland County, about three miles West from Philip David's Plan- tation.
"That from the Tangent Line of the Circle of Newcastle to Sas- quehannah River is twenty-five Miles, and from the Eastern Bank of that River to the Termination of the Line eighty-eight Miles- in all one hundred and thirteen Miles.
" That he the said Richard Peters has been at Aucquick and went from thence to Philip David's, and by the best Observation he could make, and he was very curious in enquiring, he verily believes that a Place called Aucquick Gap is in the Meridian of the End of the Temporary Line, but * may be certain that the Place called the three Springs is to the Eastward of the Meridian * *
and consequently no more than one hundred and thirteen Statute Miles Superficial Measure West from the Tangent of the Circle of Newcastle, the South Boundary of the Province.
" Richard Peters further informs the Governor that by the Ao- counts of Mr. Weiser, Mr. West, Mr. John Harris, Mr. Hugh Crawford, Mr. Andrew Montour, and Mr. John Patten, which he has to produce, the Distance by Computation from the three Springs to Ohio is the Ray's Town Road and
the Frank's Town Road, tho' the Road in Twenty Miles at some Places does not make above Ten Westing, and that it is very crooked, sometimes going to the Southward and sometimes to the Northward of a strait Line, and he verily believes from the Draughts he has seen and from the Information of the above Persons it is not more than eighty-six Miles Statue from the Three Springs to Shanoppin.
" He further says that he verily believes the Temporary Line if extended will strike the River Patowmack near the Northern Bend where Charles Poke did live, and if extended to the River Ohio he verily believes it will pass that River thirty-five Miles to the South of Log's Town, and his Reason for saying so is because Shanoppin, by an Observation taken the sixteenth of June, 1752, is forty De- grees twenty-seven Minutes North Latitude, according to Mr. West's Account, who was present when the Virginia Commissioners made the Observation by a Quadrant of eighteen Inches Radius.
" Note-Philadelphia is thirty-one Miles to the East of the Tangent.
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PROVINCIAL COUNCIL.
"Note that the Temporary Line is superficial not horizontal Mea- sure, and that by a Certificate of Mr. Grew and Mr. Scull, a Degree of Longitude in Latitude Forty is fifty three Statute Miles.
" Upon the whole it is very clear that the Western Bounds of the Province extend thirty-five Miles West beyond Log's Town, and that Weningo and the Riviere aux Bœufs, where the Forts are built, being to the East of Log's Town, are consequently so much more within the Province.
"I am Your Honour's most obedient humble Servant, 6. "RICHARD PETERS."
Information of Mr. William West to the Governor.
" Sir :
" Agreeable to your Request I herewith send You the Latitude of Shanoppin's Town as taken by Col. Fry the sixteenth of June, 1752. I likewise send You the computed Miles' from the three Springs to Shanoppin's Town. I begin there as I take it to be near the same Meridian with the Big Cove, or rather a little to the Eastward of it. You will please to observe that the Road is very crooked, for there being many Hills. We were obliged to make many Windings to come at proper Places to cross them.
" About a Mile from Shanoppin's Town Sun's Meridian altitude 16th June, 1752
72' 54° 90
" Zenith Distance
17 6
"Sun's Declination
-
-
23 21
" Latitude of Shanoppin's Town
40 27
" From the three Springs to Sideling Hill
66
66
to Juniata
19
to Garret Pendergrass' Rays Town
or
12
66
15
66
66
to the Foot of Allegheny Hill to Edmund's Swamp the other side of Allegheny Hill 2
12
66
to Kekinny Paulins
10
66
to Loyalhannin -
20
66
"
to Shanoppin's Town
50
145 Miles.
1
" I went to the Log's Town in Company with Capt. Thomas Mc-
7 Miles.
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THỊTA MINUTES OF THE
Kee, Mr. John Carson, and other Indian Traders, from whom I had the within computed distances, which in many Places I think are estimated more Miles than they would measure, and in some Places We travelled many Miles to make a few Westing, particularly from the Shawonese Cabbins to Kekinny Paulins, which altho' it is com- puted near thirty Miles I do not think would make Ten Miles Westing.
"I am Your Honour's most humble Servant,
"WM. WEST."
The Examination of Andrew Montour and John Patten, taken before the Governor.
" Andrew Montour on his Examination says that he has been three times from Log's Town to Weningo on Foot, and came there the Second night every time with Ease; that one time was in the Month of March, when his Mother who was blind rode on Horse- back and he led the Horse on Foot all the way, and yet was at Weningo the Second Day before night; That he believes it to be sixty miles by the Road which lyes Near North-East from Log's Town; That a River called by the French Riviere aux Bœufs, whose Course is South from its head, which is near Lake Erie, runs into the Ohio at Weningo; That the French have lately built Two Forts, One on that River thirty-five Miles higher up than Weningo, and the other on a Branch of it at Ten miles distance from the other Fort. And the Reason of his Belief is, that his Cousin Nicholas, who lives at Weningo, told him and Mr. Patten that he has frequently gone from Weningo in one Day to both the French Forts.
" Mr. Montour says further, that Weningo is due' North from Laurel Hill, and about the same Distance as Shanoppin is from Laurel Hill, vizt- Fifty Miles by the Road.
" Mr. Patten says he rode in four Days from Ohio the Frank's Town Road to Peter Sheaver's, about four miles from Sasquehannah River, in June, 1750, which by the Traders Computation is two hundred and twenty miles ...
"Mr. Patten says that John Harris affirmed to him that he rode from Ray's Town to his own House in two Days, which by the Traders Computation is one hundred and twenty-six miles.
" Both Mr. Montour and Mr. Patten say that the Road from the three Springs to Ohio is very crooked, going in many Places to the North, and in many to the South of a Strait Line, and that Mr. Patten having the Governor's Instructions to observe the Courses and Distances of the Roads, they used the greatest Exactness in their Power, and do verily believe that the Distance from the three Springs to the River Ohio is not, upon a Strait Line, more than
763
PROVINCIAL COUNCIL.
eighty-six miles, whatever it is less. All which is submitted to your Honour by
" Your Honour's most obedient Servants,
his " ANDREW M MONTOUR.
mark " JOHN PATTEN."
On the ninth Instant the Governor received the following Mess- age by Two Members, who acquainted him "that the House pro- posed to adjourn to the sixth Day of May next if he had no objection thereto ; and that they would at that Time provide for the Expence of Commissioners to be sent to Albany, and make a small Present to be delivered by them to the Indians of the Six Nations in Behalf of this Province." To which the Governor was pleased to say, " that he desired they would continue sitting, and that he would send down an Answer to their Message early in the After- noon :"
A Message to the Governor from the Assembly.
" May it please the Governor :
"We are willing to hope the several Parts of the Governor's Message of the second Instant which neither relate to the Royal Orders under our immediate Consideration nor to this House, are such as on Reflection he will think not altogether suited to preserve that Harmony between the several Branches of the Legislature so necessary at all times and especially on this important Occasion; but as the Governor in order to obtain this good End professes himself ready to contribute every Thing in his Power consistent with his Honour and the Trust reposed in him, we shall most chearfully join with him in this desireable Purpose, so far as the Preservation of our Rights and the Duty We owe our Constitu- ents can vindicate our Conduct. Nevertheless, as the affairs of our Indian Allies and our Neighbouring Colonies continue in the same Situation with Regard to Us as when We sent our Message of the Twenty-Seventh of February last, we must in a great Measure re- fer to our Sentiments at that time. We then were of Opinion and still think the safest Method for Us to conduct ourselves in Obedi- ence to the Royal Commands (equally binding on the Governor and Us) would be to recur to Lord Holdernesse's Letter, in which only those Orders were precisely set forth, wherever we judged they differed from the Governor's Sentiments or the Words of his Message to the House on that Occasion; yet this is unhappily im- puted to Us as an Endeavour to elude their Force, and a pretence in some Measure for not complying with them, altho' as the Gov- ernor is pleased to say it was impossible we could have under- stood that Message in any other Light than as referring to Lord
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MINUTES OF THE 1'1.
Holdernesse's Letter then lying on our Table ; and from this sup- posed Misconduct of ours, the Governor, as we presume, has sud- denly altered the whole Connection between Us and his Majestie's Colony of Virginia.
" As Governor Dinwiddie had laid before his Assembly the Earl of Holdernesse's Letter, sent, as we presume, in the same Terms to all the Colonies on the Continent, we judged it most prudent to wait till the Assembly of that Government had enabled him to act in Obedience to the Royal Commands, especially as they had that Letter under their Consideration from the first of November last, as appears by the Journal of their House of Burgesses now before Us; but we are now called upon as Principals, and the Governor is pleased to inform Us that he has undoubted Assurance that Part of his Majestie's Dominions within this Government is at this Time invaded by the Subjects of a Foreign Prince, who have erected Forts within the same, and calls upon Us pursuant to his Majestie's Orders in the present Emergency to grant such Supplies as may enable him to resist those hostile Attempts, and repel Force by Force; but as it appears to Us the Governor is enjoined by the Royal Orders not to act as a Principal beyond the undoubted Limits of his Government, and as by the Papers and Evidences sent down and referred to by the Governor, those Limits have not been clearly ascertained to our Satisfaction, we fear the altering our Connections with his Majestie's Colony of Virginia, and the pre- cipitate Call upon Us as the Province invaded, cannot answer any good Purpose at this Time, and therefore we are now enclined to make a short Adjournment.
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