USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 12
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"' That by the Treaty of Utrecht there is reserved to the French a Liberty of frequenting the Countries of the Five Nations and other Indians in Friendship with Great Britain for the Sake of Commerce, as there is also to the English a Liberty of frequenting the Countries of those in Friendship with France for the same Purpose.
""' That after the Treaty of Utrecht the French built several Fortresses in the Country of the Five Nations, and a very strong One at a Place called Crown Point to the South of Lake Cham- plain.
"" That the French Court hath evidently, since the Treaty of Aix-la-chapelle, made this Northern Continent more than ever the Object of its Attention.
"' That the French have most unjustly taken Possession of Part of the Province of Nova Scotia, and in the River St. Johns and other Parts of said Province they have built strong Fortresses, and
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from this River they will have during the Winter and Spring Season a much easier Communication between France and Canada than they have heretofore had, and will be furnished with a Harbour more commodiously situated for the annoying the British Colonies by Privateers and Men-of-War than Louisbourg itself.
"' That they have taken Possession of and began at the Head of the River Kennebeck, within the Bounds of the Province of Main, the most convenient Situation for affording Support and safe Retreat to the Eastern Indians in any of their Attempts upon the Govern- ments of New England.
"'That it appears by Information of the Natives the French have been making Preparations for another Settlement at a Place called Cowass on Connecticut River, near the Head thereof, where it is about Ten Miles distant from a Branch of Merrimack River, and from whence there is a very near and easy Communication with the Abnekais Indians who are settled on the River St. Francois about forty Miles from the River St. Lawrence ; and it is certain that the Inhabitants of New Hampshire, in which Province this Cowass is supposed to lye, have been interrupted and impeded by the French Indians from making any Settlement there.
""'That since the Treaty of Aix-la-Chapelle the French have en- creased the number of their Forts in the Country of the Great Lakes and on the Rivers which run into the Mississippi, and are securing a Communication between the Two Colonies of Louisiana and Canada, and at the same time putting themselves into a Capa- city of annoying the Southern British Colonies, and preventing any further Settlement of his Majestie's Dominions.
"'That they have been gradually encreasing their Troops in America, transporting them in their Ships of War, which return to France with a bare Complement of Men, leaving the rest in their Colonies ; and by this means they are less observed by the Powers of Europe than they would be if Transports, as usual heretofore, were provided for this Purpose.
""'That they have taken Prisoners divers of his Majestie's Sub- jects trading in the Country of the Iroquois and other Inland Ports, and plundered such Prisoners of several thousd. Pounds Sterling, and they are continually exciting the Indians to destroy or make Prisoners the Inhabitants of the Frontiers of the British Colonies, which Prisoners are carried to Canada, and a Price equal to what Slaves are sold for in the Plantations is demanded for their Re- demption and Release.
""'That they are continually drawing off the Indians from the British Interest, and have lately persuaded One Half of the Onon- dago Tribe, with many from the other Nations along with them, to remove to a Place called Osweegachie, on the River Cadaracqui, where they have built them a Church and Fort, and many of the
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Senecas, the most numerous Nation, appear to be wavering and rather enclined to the French. And it is a melancholy Considera- tion that not more than 150 Men of all the several Nations have attended this Treaty, altho' they had Notice that all the Govern- ments would be here by their Commissioners, and that a large Present would be given.
""' That it is the evident Design of the French to surround the British Colonies, to fortify themselves on the Back thereof, to take and keep Possession of the Heads of all the important Rivers, to draw over the Indians to their Interest, and with the Help of such Indians, added to such Forces as are already arrived and may be hereafter sent from Europe, to be in a Capacity of making a general Attack upon the several Governments. And if at the same Time a strong Naval Force be sent from France, there is the utmost Danger that the whole Continent will be subjected to that Crown. And that the Danger of such a naval Force is not merely imaginary may be ar- gued from past Experience ; for if it had not been for the most extraordinary Interposition of Heaven, every Sea Port Town on the Continent in the year 1746 might have been ravaged and de- destroyed by the Squadron under the Command of the Duke D'An- ville, notwithstanding the then declining State of the French and the very flourishing State of the British Navy, and the further Ad- vantage accruing to the English from the Possession of Cape Breton.
""'That the French find by Experience they are able to make greater and more sure advantages upon their Neigbours in Peace than in War. What they unjustly possessed themselves of after the Peace of Utrecht they now pretend to have a Right to hold by Vertue of the Treaty of Aix-la-Chappelle until the true Boundary between the French and English be settled by Commissaries. But their Conquests made during the War they have been obliged to restore.
"' That the French Affairs relative to this Continent are under one Direction and constantly regarded by the Crown and Ministry, who are not insensible how great a Stride they would make towards an Universal Monarchy if the British Colonies were added to their Dominions, and consequently the whole Trade of North America engrossed by them.
"' That the said Colonies being in a divided disunited State, there has never been any joint Exertion of their Force or Counsels to repel or defeat the Measures of the French, and particular Colonies are unable and unwilling to maintain the Cause of the whole.
"' That there has been a very great Neglect of the Affairs of the Iroquois, or as they are commonly called the Indians of the Six Nations, and their Friendship and Alliance has been improved to private Purposes for the Sake of the Trade with them and the Purchase or Acquisition of their Lands more than to the publick Service.
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"' That they are supplied with Rum by the Traders in vast and almost incredible Quantities-the Laws of the Colonies now in Force being insufficient to restrain the Supply, and the Indians of every Nation are frequently drunk and abused in their Trade, and their Affection thereby alienated from the English; they often wound and murder one another in their Liquor, and to avoid Re- venge fly to the French ; and perhaps more have been lost by these means than by the French Artifices.
"' That Purchases of Lands from the Indians by private Persons for small trifling Considerations have been the Cause of great Un- casiness and Discontents, and if the Indians are not in fact imposed on and injured, yet they are apt to think that they have been ; and indeed they appear not fit to be entrusted at large with the Sale of their own Lands, and the Laws of some of the Colonies which make such Sales void unless the Allowance of the Government be first obtained seem to be well founded.
"'That the granting or patenting vast Tracts of Land to private Persons or Companies without Conditions of speedy settlement has tended to prevent the Strengthening the Frontiers of the particular Colony where such Tracts lye and been prejudicial to the Rest.
"""That it seems absolutely necessary that speedy and effectual Measures be taken to secure the Colonies from the Slavery they are threatned with. That any further advance of the French should be prevented, and the Encroachments already made removed; that the Indians in Alliance or Friendship with the English be constantly regarded under some wise Direction or Superintendency. That Endeavours be used for the Recovery of those Indians who are daily gone over to the French and for securing those that remain. That some discreet Person or Persons be appointed to reside constantly with each Nation of Indians, such Persons to have no Concern in Trade, and duly to communicate all Advices to the Superintendants.
"'That the Trade with the said Indians be well regulated and made subservient to the Publick Interest more than to private Gain. That there be Forts built for the Security of each Nation and the better carrying on the Trade with them. That Warlike Vessels be provided sufficient to maintain his Majestie's Right to a free Navi- gation on the several Lakes.
""'That all future Purchases of Lands from the Indians be void, unless made by the Government where such lands lye and from the Indians in a Body in their Publick Councils. That the Patentees or Possessors of large unsettled Territories be enjoined to cause them to be settled in a reasonable Time on Pain of Forfeiture. That the Complaint of the Indians relative to any Grants or Possessions of their Lands fraudulently obtained be enquired into, and all Injuries redressed. That the Bounds of those Colonies which extend to the South Seas be contracted and limited by the Allegheny or Apala- chian Mountains, and that Measures be taken for settling from Time
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to Time Colonies of his Majestie's Protestant Subjects Westward of said. Mountains in convenient Cantons to be assigned for that Pur- pose ; and, finally, that there be a Union of his Majestic's several Governments on the Continent, that so their Councils, Treasure, and Strength, may be employed in due Proportion against their com- mon Enemy. All which is submitted.'
" Adjourned till Nine o'Clock to-morrow Morning."
"At a Meeting in the Court House in Albany, Wednesday, 10th July, 1754, A. M.
" PRESENT :
Joseph Murray and William Smith, Esquires, of the Council of New York.
" All the Commissioners for Massachusets Bay, All from New Hampshire except Mr. Sherburn, All the Commissioners for Con- necticut, The Commissioners for Rhode Island, All the Commis- sioners for Pennsylvania, And all the Commissioners for Mary- land.
" Mr. Franklin reported the Draught in a new Form of a Plan of Union agreeable to the Determination of yesterday, which was read Paragraph by Paragraph and debated, and the further Consideration of it deferred to the Afternoon.
" Adjourned to Three of the Clock this Afternoon."
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" At a Meeting &ca., on Wednesday the Tenth of July, 1754, P. M.
"PRESENT :
" His Honour the Lieutenant Governor and the Four Gentlemen of the Council of New York, And All the Commissioners for the re- spective Governments.
" The Consideration of the Plan of a Union re-assumed, which Plan is as follows, viz *ยท:
"'Plan of a Proposed Union of the several Colonies of Massachusets Bay, New Hampshire, Connecticut, Rhode Island, New York, New Jerseys, Pennsylvania, Maryland, Virginia, North Caro- lina, and South Carolina, for their mutual Defence and Secu- rity, and for extending the British Settlements in North America.
"' That humble Application be made for an Act of the Parliament of Great Britain, by Vertue of which one general Government may be formed in America, including all the said Colonies, within and under which Government each Colony may retain its present Con-
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stitution, except in the particulars wherein a Change may be directed by the said Act, as hereafter follows.
Presidt. Gen- " ' That the said general Government be administred eral & Grand by a President General to be appointed and supported Council. by the Crown, and a Grand Council to be chosen by the Representatives of the People of the several Colonies met in their respective Assemblies.
Election of "' That within Months after the passing
Members. of such Act, the House of Representatives in the seve- ral Assemblies that happened to be sitting within that Time, or that shall be especially for that Purpose convened, may and shall chuse Members for the Grand Council in the following Proportions, that is to say :
" ' Massachusetts Bay -
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7
""'New Hampshire
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2
"' Connecticut -
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5
" ' Rhode Island - -
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2
"'New York -
4
"'New Jerseys -
3
"' Pennsylvania -
6
" ' Maryland
4
""' Virginia -
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7
"' North Carolina
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4
"' South Carolina
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I
I
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4
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Place of First """ Who shall Meet the first Time at the City of Phila- Meeting. delphia, in Pennsylvania, being called by the President General as soon as conveniently may be after his Appointment.
New . ""That there shall be a new Election of Members for
Election. the Grand Council every Three Years, and on the Death or Resignation of any Member his Place shall be supplied by a new Choice at the next Sitting of the Assembly of the Colony he repre- sented.
Proportion of ""' That after the first Three Years, when the Propor- Members tion of Money arising out of each Colony to the general After First Treasury can be known, the Number of Members to be Three Years. chosen for each Colony shall from Time to Time in all ensuing Elections be regulated, by that Proportion [yet so as that the Number to be chosen by any one Province be not more than Seven nor less than two].
Meetings of "' That the Grand Council shall meet once in every Grand Coun- Year, and oftner if Occasion require, at such Time and cil and Call. Place as they shall adjourn to at the last preceding Meeting, or as they shall be called to meet at by the President
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General on any Emergency, he having first obtained in. Writing the Consent of Seven of the Members to such Call and sent due and timely Notice to the Whole.
" ' That the Grand Council have Power to chuse their Continuance. Speaker, and shall neither be dissolved, prorogued, nor continued Sitting longer than Six Weeks at one Time without their own Con- sent or the Special Command of the Crown.
"' That the Members of the Grand Council shall be Members' allowed for their Service Ten Shillings Sterling $ Allowance. Diem during their Sessions and Journey to and from the Place of Meeting, Twenty Miles to be reckoned a Day's Journey.
"' That the Assent of the President General be re- Assent of quisite to all Acts of the Grand Council, and that it Presidt. |Gen- be his Office and Duty to cause them to be carried into eral and his Execution. Duty. -
"" That the President General, with the Advice of Power of the Grand Council, hold or direct all Indian Treaties Presidt. Genl. in which the general Interest or Welfare of the Colo- Council ;
& Grand nies may be concerned, and make Peace or declare Treaties ; War with the Indian Nations, That they make such Peace & War; Laws as they judge necessary for regulating all Indian Indian Trade. Trade.
" ' That they make all Purchases from Indians for Indian Pur- the Crown of Lands now not within the Bounds of chases. particular Colonies, or that shall not be within their Bounds when some of them are reduced to more convenient Dimensions.
"'That they make new Settlements on such Pur- New Settle -- chases by granting Lands in the King's Name, reserv- ments. ing a Quit Rent to the Crown for the Use of the general Treasury.
"' That they make Laws for regulating and govern- Laws to ing such new Settlements till the Crown shall think fit Govern them. to form them into particular Governments.
" ' That they raise and pay Soldiers, and build Forts Raise Soldiers for the Defence of any of the Colonies, and equip Ves- & Equip Ves- sels of Force to guard the Coasts, and protect the sels. Trade on the Ocean, Lakes, or great Rivers.
"' But they shall not impress Men in any Colony Not to without the Consent of its Legislaturc.
impress.
"' That for these Purposes they have Power to Power to make Laws and lay and levy such general Duties, make Laws, Imposts, or Taxes, as to them shall appear most equal lay Duties, and just, considering the Ability and other Circum- &ca.
stances of the Inhabitants in the several Colonies, and such as may be collected with the least Inconvenience to the People, rather dis- couraging Luxury than loading Industry with unnecessary Burthens.
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Genl. Treasr. "' That they may appoint a general Treasurer and a
& Particulr. particular Treasurer in each Government when neces- Treasr. sary, and from Time to Time may order the Sums in the Treasuries of each Government into the General Treasury or draw on them for special Payments, as they find most con- venient.
Money, how ""' Yet no Money to issue but by joint Orders of the to issue. President General and Grand Council, except where Sums have been appropriated to particular Purposes and the Presi- dent General is previously empower'd by an Act to draw for such Sums.
Accounts. "'That the General Accounts shall be yearly settled and reported to the several Assemblies.
Quorum. "' That a Quorum of the Grand Council, empowered to act, with the President General, do consist of Twenty-Five mem- bers, among whom there shall be One or More from a Majority of the Colonies.
Laws to be "' That the Laws made by them for the Purposes transmitted. aforesaid shall not be repugnant, but as near as may be agreeable to the Laws of England, and shall be transmitted to the King in Council for Approbation as soon as may be after their passing, and if not disapproved within Three Years after Present- ation to remain in Force.
Death of the " That in Case of the Death of the President Gen- Prest. Genl. eral, the Speaker of the Grand Council for the Time being shall succeed, and be vested with the same Powers and Au- thorities, to continue till the King's Pleasure be known.
Officers, how "'That all military Commission Officers, whether appointed. for Land or Sea Service, to act under this general Con- stitution shall be nominated by the President General, but the Approbation of the Grand Council is to be obtained before they receive their Commissions. And all Civil Officers are to be nom- inated by the Grand Council, and to receive the President Gen- eral's Approbation before they officiate.
Vacancies, """"But in Case of Vacancy by Death or Removal of how supplied. any Officer, Civil or Military, under this Constitution, the Governor of the Province in which such Vacancy happens may appoint, till the Pleasure of the President General and Grand Council can be known. That the particular Military as well as Civil Establishments in each Colony remain in their present State, this general Constitution notwithstanding.
Each Colony . "'And that on sudden Emergencies any Colony may defend may defend itself, and lay the Accounts of Expence itself on thence arisen before the President General and Grand Emergency. Council, who may allow and order Payment of the same, as far as they judge such Accounts just and reasonable.'
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" After Debate on the foregoing Plan,
"' Resolved, That the Commissioners from the several Govern- ments be desired to lay the same before their respective Constitu- ents for their Consideration, and that the Secretary to this Board transmit a Copy thereof with this Vote thereon to the Governor of each of the Colonies which have not sent their Commissioners to this Congress.'
" His Honour proposed to the Board, that agreeable to their Resolution of the twenty-fourth of June they would now consider the Expediency of building Forts in the Indian Country. It was determined that considering the present wavering Disposition of the Senecas it was expedient that a Fort should be built in their Country at a Place called Irondiquot, or Tierondequot.
" Ordered, That a Committee be appointed to consider what fur- ther Forts may be necessary in the Country of the Six Nations, and that each Colony name a Member for this Committee.
" Ordered, That Mr. Chambers and Mr. Peters be a Committee to revise the Minutes settled and agreed to by this Board.
" Adjourned till to-morrow morning at Nine o'clock."
" At a Meeting in the Court House at Albany, Thursday 11th July, 1754, A. M.
" PRESENT :
" His Honour the Lieutenant Governor and the Four Gentlemen of the Council of New York.
" All the Commissioners from the several Governments, except Wm. Pitkin, Esquire, One of the Commissioners of Connecticut.
" Mr. Wells from the Committee appointed to consider what other Forts may be necessary, reported that they had carefully con- sidered the present State of the Frontiers of these Colonies, and aro of Opinion that several other Forts at particular Passes are equally necessary with that proposed at Tierondiquot; that as there is no Probability of their being effected in the present disunited State of the Colonies, and the general Union may make some of them un- necessary, We apprehend some Inconveniences may arise if the Board should go further into the Consideration of that Matter at this Time.
" His Honour put the Question Whether the Board would accept of this Report, and it passed in the affirmative.
" Certain Proposals from William Johnson, Esquire, relative to the Six Nations, and for defeating the Designs of the French ; also
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certain Considerations offered by Thomas Pownall, Esquire, 'towards a general Plan of the Measures of the English Provinces,' were read at the Board. It was thereupon voted that Mr. Franklin be desired to give the Thanks of this Board to the said Mr. Johnson and Mr. Pownall, and desire them to suffer Copies of said Papers to be taken by the Commissioners of each Colony for the Con- sideration of their respective Governments.
" Ordered, That all his Majestie's Governments on this Conti- nent may have Liberty from time to time to take Copies of the Proceedings of this Congress or any Parts thereof, paying for the same, and that no other Copies be delivered by the Secretary.
" Ordered, That upon the Secretarie's leaving this Province the Records of these Proceedings of the Commissioners of the several Governments be lodged in the Secretarie's Office of the Province of New York.
"Mr. Chambers and Mr. Peters reported that they had exam- ined these Minutes of the Proceedings of this Congress and find them right.
" And then his Honour the Lieutenanant Governor of New York and the Commiss's, of the several Governments rose without any further Adjournment.
" A true Copy-Examined by me,
"PETER WRAXALL, Secrety.
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The Governor informed the Council that having a standing In- struction from the Proprietaries to take all Opportunities of making another Purchase of Lands from the Six Nations, which was every Day become more urgent by the great Numbers of People settling beyond the Blue Hills over Sasquehannah, as all such Settlements were contrary to the Stipulations of this Government with those Indians and might create Differences with them, He had recom- mended it to Mr. Penn and Mr. Peters to try by all the means in their Power to make a Purchase, and the larger the better; and to facilitate this necessary Work He had by the advice of Mr. Weiser dispatched John Shick Calamy early in the Spring with a Message to the Six Nations informing them of the Necessity of another Pur- chase by reason of the Encrease of the Inhabitants and their being not to be restrained from making Settlements beyond the present Boundaries, and desiring they would enter into Treaty with Mr. Penn and Mr. Peters who were to be at Albany in the Summer and would have full Powers for that Purpose.
His Honour further said that in Consequence of this Message a Treaty had been held with those Indians and the Report thereof
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made to him which he would now communicate to the Council, and accordingly it was read and ordered to be enter'd :
The Report of John Penn and Richard Peters, Esquires, of their Proceedings at Albany in Execution of the Governor's Orders to them to make a Purchase of Lands from the Six Nations for the Use of the Proprietaries of Pennsylvania :
" To the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsyl- vania and the Three Lower Counties of New Castle, Kent, and Sussex, upon Delaware :
" May it please the Governor :
" The first Indians that made their appearance were from the Heads of Sasquehannah as low down as Oneocquago, and by these who came immediately to visit the Commissioners from Pensyl- vania, as indeed all the other Indians did. We were informed that a young Man from New England, one Mr. Hawley of Boston, had for some time past lived at Oneocquago with Intent as was said to instruct the Indians in the Principles of the Christian Religion and to settle a Mission there under a Scotch Society; but it was told the Interpretor that he had other Designs in settling there, and that the People of Connecticut made Use of this young Man to pursuade the Indians to sell to them the Sasquehannah Lands; and as he was an Acquaintance of Mr. Ogilvie the Societie's Missionary to the Mohock Indians, We desired him to enquire of this Matter and were afterwards told that he did not concern himself in this Affair.
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