USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 23
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" As the Fact you mention relating to the Case laid up by the Lords of Trade before the Attorney and Sollicitor-General is not of Public Notoriety it is quite unknown to me; but should it be as you say, whenever they shall report their Opinion and His Majesty shall think fit to issue different Instructions, I shall endeavour to
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pay the proper Obedience to them; but while this Matter is only under the Consideration of the Attorney and Solicitor General, if in Truth it be so, I do not see that I can take any Notice of it.
" The Debates in Parliament, or whatever any noble Member was pleased to say on that occasion, have I think little Connection with the Matter now before us. But you will please to remember that though the Parliament did not agree to give a general Sanction to all Instructions from His Majesty, yet this in particular was the Result of the Humble Address of both . Houses to his Majesty for that Purpose, and it cannot be doubted but they will Support their own Act if it should ever come before them.
"I must join with you in Opinion that the only Method to have the Validity and Force of that Instruction finally and authoritatively determined is by an Application to His Majesty, who can if He pleases withdraw or Suspend the Force of it for any Time he thinks proper; and I will, as I think it my Duty at all Times, but more especially so at present, lay before His Majesty's Ministers this whole Affair, to whom you are at Liberty and I am desirous you should apply. But while that Matter rests before his Majesty for his Determination, which cannot be immediately had, let us exert ourselves against the French Invaders who have already possessed themselves of great part of this Province, and not leave them at Liberty to make further Encroachments, and their Savage Allics to make what Incursions and commit what Cruelties they please.
" As I was in a great Measure a Stranger to your Constitution and so highly to be entrusted by the Proprietaries, it seemed quite necessary that I should receive Instructions from them-all which are so perfectly calculated to promote and Secure the Prosperity and real Happiness of the Inhabitants of this Country, and so reasonable in themselves that I can safely assure you that nothing is required of me by them that I should not think it my Duty to do if they had never been given me.
" And though I think it not quite decent and I believe unprece- dented for a Governor to be called upon for a sight of his Instruo- tions, yet I shall communicate them to the House whenever the Public Service shall require it; and accordingly I take this oppor- tunity to acquaint you that I have it among other Things in Charge from the Proprietaries to recommend to you in the most pressing Manner to provide at this Time for the Defence and Safety of the Province, not only by affording such Aids as His Majesty from Time to Time may require, but by establishing a regular Militia within this Province, and providing Arms and Stores of War, and building proper Magazines in the most convenient places. All these Things they desire may be done in such Manner as to be least burthen- some to the Inhabitants, and particularly so as not to oblige any Persons to bear Arms who are or may be conscientiously serupu- lous against it.
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" This, Gentlemen, in Pursuance of my Instructions from the Proprietaries, I now earnestly recommend to you to do with all imaginable Dispatch, as this Province never was in more imminent Danger than it is at present, having, as you know, a very large Body of French Troops in the Back Parts of it, assisted by a great Number of Indians in their Alliance, and the Government without Men acquainted with Military Discipline, Arms, or Amunition. And as His Majesty and His Ministers, as well as the Proprie- taries, depend upon me to give them true and exact Accounts of the State and Circumstances of the Province committed to my Care, I must desire You will give me a clear and determinate An- swer to this Point, that I may be able to lay the same before His Majesty in such a Manner as may make the interposition of Par- liament entirely unnecessary.
" Gentlemen : While I had your Message of the twentieth Instant under my Consideration and was preparing the foregoing Answer to it, I received yours of the Twenty-first in Answer to mine of the Nineteenth, accompanying Sir Thomas Robinson's Letter of the Twenty-sixth of October last, and am really concerned to find that instead of providing for the Articles of Expence recommended to you by his Majesty in a Manner agreable to His Royal Directions, you insist on my passing the Bill in the Shape you have sent it up, which I before informed you I could by no Means do, as being con- trary to His Majesty's Instructions; and now again assure you that I will not assent to that or any other Bill for emitting Paper Money, but upon the Terms above mentioned.
" And here, Gentlemen, I think it necessary to say that there are some other Matters in your Bill which would have merited my further Consideration, but I was unwilling to mention any Thing that might impede his Majesty's Service.
" I cannot but observe by the Minutes of Council that a Dispute subsisted between you and the late Governor upon this very Head for a considerable time, which might certainly have received his Majesty's Determination had you applyed for it; and I am very sorry that such a Dispute should be revived in the very beginning of my Administration, and at a Time when the common Safety re- quires that we should lay aside all other Considerations but our present imminent Danger, and rise up as one Man to drive the French from our Borders, and secure our Country against their In- croachments for the future.
" Was there no other Method for raising Money for the present Service but that you have proposed and insisted upon your Con- duct might appear in a more Favourable Light. But as you now have or ought to have, by the Laws in being, in Bank between Fourteen Thousand and Fifteen Thousand Pounds, and a Revenue of Seven Thousand Pounds a Year, as this City and Province are in rich and flourishing Circumstances, and as the People are
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numerous and burthened with none or very trifling Taxes, I cannot consent to pass the Bill you propose, it being a direct Breach of a Royal Instruction intended to enforce an Act of Parliament of the Sixth of Queen Anne, which you know has been shamefully slighted and disregarded in this and the neighbouring Provinces.
" The Reason for my having recommended it to you to consider whether a Law would not be necessary. to settle and establish the Wages or Hire to be paid for such Tradesmen's Horses and Car- riages as might be impressed for his Majesty's Service by Mili- tary Men, was in Favour of Liberty and intended to restrain them from impressing Freeholders, and to prevent disputes between the Owners of Carriages and other Necessaries; and that if the Exigency of Affairs should render it necessary to impress any, it might be only single Men and such as have no Habitations or Settlements among us, whose Service may be wanted in the Course of this Ex- pedition.
" Upon the whole you will consider, Gentlemen, in what Light you will appear to his Majesty and a British Parliament, who are expending great Sums of Money for the Defence of these Colonies, while you, the very Province most concerned, as being invaded, instead of contributing towards your own Defence are entering into an ill-timed Controversy concerning the Validity of Royal Instruc- tions, which might have been determined long ago, and may be delay'd to a more convenient Time without any the least Injury to the Rights of the People.
"Let me, therefore, Gentlemen, once more recommend the present unhappy Circumstances of this Country to your most serious Consideration, and entreat you to lay aside (for the present at least) every Thing that may admit of any Dispute, and enter Heartily into such Measures as may best answer the Publick Expectations and assist His Majesty in the Measures he has con- certed and is carrying into Execution for the Preservation of this Country.
" ROBERT HUNTER MORRIS. " December 24, 1754."
The Bill not being sent to the House with the Message, two members came to desire the Governor to return it, which he did by them.
The Governor laid before the Council several Letters sent to Con- rad Weiser.
The Governor whilst in Council received a Message, accompanied with a Belt, from John Shickcalamy, relating to the Design of the Connecticut People, which was read, and the Governor and Council judging this a favourable oppertunity to send a Message on this
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Subject to the Six Nations by Scarroyady, the Indians were sent and the following Speech was made to them :
A Speech delivered to Scarrooyady by the Governor relating to the Connecticut People.
" Brother :
" I have an Affair to communicate to you that is likely to Occa- sion great Disorder in this Province. Pray hear attentively what I shall say.
"Brother :
" This Belt was sent to me by John Shickcalamy, your Relation and Friend at Shamokin. Hear what he says to us : " ' Brother Onas-
"' When the great Treaty was held at Albany this Summer the Six Nations in their Council appointed me to the Care of the Lands at Wayoming and the North of the Western Branch which they keep for the use of the Indians who are daily flocking there from all Parts, and acquainted the Commissioners of Pennsylvania in the Presence of all the People that I, John Shickcalamy, was their Agent, that they put those Lands into my Hands, And that no White Men should come and settle there, and ordered me if they did to complain to this Government and to get them punish'd and turn'd off.
"' In Virtue of this Appointment and Order of the Six Nations I, John Shickcalamy, by this Belt complain to Onas that some Foreigners and Strangers who live on the other side of New York and have nothing to do in these Parts, are coming like Flocks of Birds to disturb me and settle those Lands, and I am told that they have bought those Lands of the Six Nations since I left Albany, and that I have nothing further to do with them. I desire you to send to these People not to come, and if you do not prevent it I shall be oblig'd to complain to the Six Nations.'
" Brother :
" This is what John Shickalamy says himself by this Belt. Now hear what we say, and we give you another Belt to lie to John Shickalamy's Belt, and we desire they may both go together to the Six Nations and that you will bring us their Answer. We give you this String for the Purpose, and desire you to be Messenger for John Shickcalamy and Us on this Occasion.
" Brother :
" What John Shickcalamy has told us we believe to be true, for agreeable to his Request sent by Conrad Weiser I dispatch'd away a Messenger to the Place where these People live, which is on the other side of New York, to enquire into the Truth of what John Shickcalamy says, and to desire of the Government under which these Strangers live to prevent their Coming.
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" And this Messenger is returned from their Governor and has brought Us his Answer, viz'" that several of their People design to go over Susquehannah in the Spring to settle the Wayoming Lands, And that they say they have bought them and all the Lands West of them as far as the Ohio of the Indians since the Treaty at Albany. And that the Lands are theirs, but their own Governor disowns them, blames them, and will lay their Proceedings before his Wise Men.
" Brother :
"If the Indians have sold those Lands to these People You must be sensible it is a Breach of Faith with this Government, to whom they lye under the most solemn Engagements and with whom they have in all their Treaties and by two Deeds agreed to sell to no- body but the Proprietors any Lands within this Province, And no longer since than July last desired to exclude out of the then Sale. that they made these very Lands, because they were the fittest for their Indians, and we agreed that this was a good Reason not to part with them then. They likewise mentioned the foolish Design of the New England People, but said they would have nothing to do with them, and in Council refused to hear them as they told Us. They were then likewise made acquainted that these Lands lye in the Center of Pennsylvania.
" Brother :
"Enquire into this Affair and set it right. Tell them it is their doing not ours, if John Shickcalamy is disturbed; and be sure speak to them to do Justice to themselves and to Us who have never hurt them or deceived them. This Deed of theirs, if it be true, will breed a great Confusion. They and We will be put to the Trouble of driving away these People if they come, and I do not Know but it may Occasion a War between your People and these Strangers and hinder Us from fighting the French.
Scarroyady, after taking a little time to think, told the Governor that he had heard of this Affair ; said that Lydius was a Vile Man and had imposed on private Indians, either making them drunk or giving them Money, and then desiring them to sign seperately and privately without letting them know what it was, which any Indian would do for the sake of drink or Money. But all this would sig- nifie nothing when it came to be considered by the Indians in Coun- cil at Onondago, before whom he would lay it, and for that Purpose he would add a Belt of his own to John Shikalamy's Belt, and in both Names speak to them to break this Deed to Pieces as incon- sistent with the Treaties and Promises they made at Albany.
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MEMORANDUM.
The Governor received the following Letter from Mr. Croghan : " December 23, 1754.
" May it please your Honour :
" I receiv'd your Favour two days ago by my Express, with the Ballance of my Accounts and Fifty Pounds for my past Services, for which I return your Honour my hearty Thanks; and the Hundred Pounds for the use of the Indians I will lay out to the best Advantage in my Power, and render your Honour a particular Account when laid out.
" Scarrooyady was set off before the Express arrived and by the Way of Philadelphia, so that I had no oppertunity of delivering the Belt sent by your Honour, but I hope your Honour has had the pleasure of seeing him before now. By the Advice of the Chiefs of the Six Nations here I have delivered the Belt to the Deputies of the Shawonese and Delawares who was waiting here for news from your Honour, with a Speech from your Honour giving them an In- vitation for the Chiefs of both their Tribes to meet your Honour and the Chiefs of the Six Nations in Philadelphia early next Spring, which Proceeding I hope your Honour will approve of.
"I delivered the two Strings one to the Men and one to the Women, and made an Apology for your Honour's not sending them Cloathing at this time as no Waggons can travel this Season of the Year. I likewise conferr'd with them on Account of their Removal from here. I believe they would be well pleased to move to the Inhabitants, but as Scarrooyady left it in Charge with them when he set off for not one of them to go from here till he return'd, they say they can give your Honour no Answer till he comes back.
" As to moveing the Indians to the Mouth of Juniata, I think it a very improper Place for this Reason : it is settled with a Set of White Men that make their Living by trading with the Indians that is settled on the River Susquehanna and sells them little else but Spirits, so that it would be impossible to keep those Indians from spending all their Cloathing and then they would be forever teazing your Honour for Goods. Indeed it is my Opinion that were they to live in any part of the Inhabitance, it would be attended with bad Consequences, as there is no keeping them from being inflam'd with Liquors if they can get at it, cost what it will, besides it is dangerous for fear of their getting Sickness, then they would say the White People killed them, and while they stay here they are a Defence to the Back Inhabitants which I think lays very open to the Enemy, and I think if the Government intends to build any Fortifications for the Security of the back Inhabitants, that this Place or some where hereabouts is the properest Place. . I hope your Honour will not think I recommend this Place above any
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other on Account of any Profits arising to myself from the Car- riage of their Provisions, for I assure your Honour I prefer the publick Interest before my own private Interest, and as they can give your Honour no Answer about removing till Scarrooyady comes back, I will make a present of the Carriage of my Horses to the Government till that time. I am very sensible their Provision has been very Expensive to the Government hitherto; the Reason of that was there was no Indian Corn to be purchased till late, but ever since my Express went down I feed them with Indian Corn and give them Flour but two days in a Week, and they are well contented with that so that the Expence of one Month before now will maintain two in this Manner, and the sooner a Quantity of Corn and some Wheat is purchased for their Supply in the Spring the better, as Grain is Rising its Price on Account of the Call for it at the Camp in Virginia; as to my own Services I leave it en- tirely to your Honour and the Assembly to judge what my Services will be worth.
" Some days ago came here two Indians from Onondago with some Speeches from the Council to take these home there, and says that Council intends to draw all their Allies from the Ohio home to the Six Nation Country. They say the Chief of that Council is now at Canada at Council, and that they are to bring three Priests home with them, which I think looks as if the Onondago Council were in the French Interest or a good part of them; their endeavouring to take their People from the Ohio home looks as if they intended to leave that Country intirely to the French and their Indians. But I submit those Suspicions of mine to your Honour's better Judg- ment.
" Six days ago there came to the Virginia Camp 15 French In- dians, part of 6 Tribes, all which Tribes we are sensible are in the French Interest. Mr. Trent came here Yesterday for some of those Indians to talk with them and know their Business, who sets off to- Morrow with five Indians. At the return of those Indians I will write your Honour what their Business was there. This is all the News I have heard worth your Honour's Notice since I wrote last.
"I am Your Honour's most Humble & Obedt Serv".
" GEO. CROGHAN.
"P. S .- As to the Indians Hunting here I assure your Honour they have not kill'd 100 Deer this Fall; nor will they go out a Hunting for fear of the Enemy, but are always on the Watch.
" And in Answer returns him Thanks for the Invitation given the Shawanese and Delawares to come here in the Spring, and desires that nothing might be omitted being said to or done for them or the Twightwees and Owendats; & that he would employ the large Quantity of Wampum sent him to give to Scarrooyady in Messages to the' Indians on the Ohio as he should judge it necessary."
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At a Council held at Philadelphia, Wednesday 1st January, 1755. PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esqr., Lieu- tenant Governor.
John Penn,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner, Esquires.
William Logan,
Richard Peters,
The Governor laid before the Council a Message he had received on the 26 December from the House, desiring him to communicate the Proprietary Instructions to them, and likewise a Message which he had sent them yesterday in reply thereto ; which were both read in these Words :
" May it please the Governor-
" Before we enter into the Consideration of the other Parts of the Governor's Message of the 24th Instant we must ackowledge our- selves engaged to return him our hearty Thanks for informing us that 'as he was in a great Measure a Stranger to our Constitution, and to be so highly entrusted by the Proprietaries, it seemed quite necessary that he should receive Instructions from them. And notwithstanding he may think it not quite decent, or may believe it unprecedented for a Governor to be called upon for a Sight of his Instructions, yet he will communicate them to the House whenever the publick Service shall require it.'
" And in return to this Candid Declaration and the Assurance he is pleased to give us, as well as the ready furnishing us with other Parts of those Instructions, we beg Leave to inform the Governor that we not only apprehend it the undoubted Right of a British Parliament to address the Crown for such Information as they judge absolutely necessary to their Deliberations, but also that the Pro- prietary Instructions to our former Governors have been repeatedly laid before the Assemblys of this Province.
" We find a saving Clause or Restriction in the Proprietaries Com- mission to Colonel Evans was laid before the Council with a solemn Decision of that Council, of which William Penn the younger was the principal Member, 'that the said saving Clause was void in itself.' . And this Decesion with other Proprietary Instructions were laid before the Assembly by Sir William Keith in the Year 1724; whereupon that House drew up a Remonstrance by way of Address to the Honourable the Proprietary family, to shew wherein the said Instructions were an Infringement upon the Privileges granted by Charter to the People of this Province.' And again in the Year 1738, Colonel Thomas in his Message to the Assembly on a Bill then lying before him for re-emitting and emitting Eighty Thousand Pounds in Bills of Credit, after enumerating among other Things such Objections as arise from the Act of Parliament made
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in the Sixth Year of the late Queen Anne, 'for ascertaining the Rates of Foreign Coins in the Plantations of America,' as well as the Letter from the Lords for Trade and Plantation to Governor Gordon his immediate Predecessor, declares with great Candour ' that the then Assembly might see that he did not industriously seek for Arguments to disappoint them of a Bill they had so much at Heart, he sent them a Copy of the Proprietaries Instructions to him on that Head.' And the said Instruction appears upon our Minutes of that Year.
" This Instance of Colonel Thomas's Justice and Sincerity to- wards the Representatives of the Province at that Time produced the desired Effect, as we hope it alway may hereafter in like Cases. And accordingly we find after several Messages, and conferring with the then Governor on that Head, he passed the Bill which has finally received the Royal Approbation, and gives the Sanction to the Paper Currency now passing among us.
"We, therefore, under these Considerations, and for that we are of Opinion those Proprietary Instructions which the Governor is pleased to inform us our Proprietaries gave him on their appointing and entrusting him with this Government, are the principal if not the Sole Obstructions to the passing our Bill for granting Twenty Thousand Pounds for the King's Use ; and also for that whatever Bills we might prepare for this or any other Purpose, after all the Expence to the Country and after all our Pains in framing them, would be liable to the same Difficulties unless we could know what those Proprietary Instructions are. We say, under these Consider- ations, and from the Regard our Governor is pleased to express for our Charter and our Liberties, we earnestly request he would now candidly communicate those Instructions to us as the Time when ' the Publick Service requires it' in the most particular Manner. For as we are now under an absolute necessity of addressing the . Crown in Support of our Civil and Religious Liberties, in which we have the Pleasure of the Governor's Concurrence, and indeed his Desire that we should apply to his Majesty on this Occasion, we must in Justice to ourselves and in discharge of the Duty we owe to those We represent, make those Proprietary Instructions and the Force and Validity of them the great End of our humble Petition to the Crown at this Time, unless the Governor shall be pleased to convince us to the contrary.
" ISAAC NORRIS, Speaker."
The Governor's Answer to the foregoing Message.
" Gentlemen :
"In Answer to your Message of the twenty-Sixth Instant I think it necessary to observe, that though the House of Commons
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have certainly a Right to address the Crown for Information, and tho' former Governors of this Province, when they thought it necessary, have laid particular Instructions before the Assemblys, yet it does not from thence appear that you have a Right to have all the Governor's Instructions laid before whenever you think proper to demand them; and I am still of Opinion that your Appli- cation for that Purpose is irregular and unprecedented.
"It is certainly true that I have Proprietary Instructions, as 1 am informed all Governors from the first Settlement of the Pro- vince have constantly had, and indeed it could not be otherwise seeing the Proprietaries are answerable for the Conduct and bound by the Acts of their Governors. But I cannot think it at this Time for His Majesty's Service or the Interest of this Province to communicate them to you further than I have already done, especially as you claim it as a Right, and seem industriously to seek for these Instructions as a fresh Matter to dispute upon, when the Publick Service requires that you should be otherwise employed; and as you express so great a Dislike to Proprietary Instructions, that in the very Message wherein You desire they may be communicated to you You declare you intend to make the Force and Validity of them the great End of your Petition to the Crown, and this with- out so much as knowing what those Instructions are, further than that the Proprietaries earnestly recommend it to you to provide for the Defence of the Province in the Manner mentioned in my last. Message.
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