USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 29
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" For Connecticut to claim any Part of what's West of the Line agreed on in 1683 and confirmed by King William in 1700, may be of Fatal Consequence to its Charter, which it has long enjoyed without any Enquiry into the Validity of it, but if by their Claims they disturb New York, New Jersey, or Pennsylvania, it of Course will set them to enquiring into the Validity and to bring it to the Test by Scire Facias or Quo Warranto, and if in the Issue of either of these it cannot stand the Test then it may be adjudged void, and if it should be so adjudged then would they by their Claims have acted the Part of the Dog in the Fable by catching at the Shadow let go the Substance.
" I think it's Law that where the King has a good Right to grant a Thing and does grant it, and by the same Charter grants what he could not lawfully do, the very inserting that which he could not grant will vitiate and render the whole Grant void.
" But at the Date of the Connecticut Charter a great Part of what's within the Bounds of it was then in the actual Possession of the Dutch, no Part of which could the King lawfully grant to any of his Subjects while so in the Possession of another Christian State.
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and if this Fact appears upon the Quo Warranto or Scire Facias it will vacate the whole Charter.
" It may be said (and it is said and insisted on by the Elizabeth Town Answer) that the Duke of York's Grant of New York and New Jersey in 1664 must be for the same Reason void.
"I answer, the Duke of York and his Council in England actually thought that first Grant void in Law for that Reason, and, there- fore, after the Peace of London in 1673, by which the Dutch yielded to King Charles the Second all their Claim to New Netherland, the Duke had a Second Grant of New York and in New Jersey in 1674, which was no way liable to the Objection that the first was liable to.
" When your General Court shall seriously consider this I believe they will think they have great Reason to thank whoever advised them to beware of the Precipice which they must have unavoidably fallen into by granting the Prayer of that Petition with 400 Hands to it.
" I make no Doubt but that the Crown (if the Charter should be vacated) would grant the soil to the particular Owners under their present Charter, but that the Crown would grant them the Govern- ment again I very much doubt, and it would be unreasonable to do it till they made good all the Damage which the other Colonies had suffered or were like to suffer by their unlawful Claim and all the Charges of the Quo Warranto or Scire Facias and the Charge of their Agents in negotiating the Matter.
"I am, Sir, your most humble Servant, "JA. ALEXANDER."
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A Letter to James Alexander, Esquire, from Mr. James Brown, of Norwalk.
" NORWALK, Jan'y 27th, 1755.
" Sir :
" You may remember I wrote to you in behalf of one Captain Case and his Constituents to know if You could inform where a Body of Land might be had in the Jerseys that might accommodate one hundred Families near the Drowned Lands. To which You answered it would be best that You and I should have a meeting, as I in my Letter had proposed. The People was to have been with me long ago and furnished me with Money for carrying on that Affair, but the noise of a New Colony under our Charter Grant hath set the People so madding that they have sent a great many thousand Dollars to one Lydius, as I am informed, who hath made a Purchase of some Indians of a Tract of Land at Sasquehannah of 120 Miles in Longitude and 70 in Latitude. There is, as I under- stand, upward of one thousand Persons in this Undertaking, all
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under the Conduct of this Lydius, who hath lately, as I have been informed, invited them to make a new Purchase of the Indians within the Jersey Claim, on which the Undertakers have sent another large sum of Money to be employed for that Purpose, and by their Committee have preferred a Memorial to our Assembly (who were called together this Month) and required that they would give them some Countenance in making Application to the Crown for a Confirmation of those Lands, the first of which Tracts is within the Grant to Governor Penn, the other in the Jerseys as I under- stand. Whether the latter Purchase be actually made I cannot tell, but I suppose Lydius will lose no Time until that Affair be accomplished, for it seems he is labouring to divide those Tribes of Indians who pretend to claim those Lands. Our Assembly have done nothing yet in the Case, but what may be done in May next I cannot tell, for their Number is great and some of the principal Men in the Government engaged and concerned. I have done all I could to prevent the Government doing any Thing or intermeddling in the Case, and told them that the first Settlement of our Western Bounds was between the King and the Colony, and must stop all Pretence of our extending our Claim any further either in Law or Equity. I'likewise told them the Danger they were in of loosing their Charter in Case they pretended to extend any Claim beyond the first Settlement. As for the other Settlements they seem to refer to Us and New York only, without any Relation to the Lands West. I have had sundry generous offers to come in with them, which I have always refused, and told them it was in a sort riotous and disorderly, and that the method in which they had proceeded might at this critical Time have a Tendency to divide the Tribes of Indians, which I have been since informed it had done. What I have done in preventing our Assembly's doing any thing for this great Number of Men was that I might prevent any Incumbrance being laid on your Lands in the Jerseys, altho' I chiefly mentioned the Purchase they made within Penn his Grant, and assured them I had been informed that those Lands had long since been purchased of the Indians by Liberty from the Crown. Now, Sr., in case You think any thing further can be done by me you will advise me thereof. ST., I have lately come from Col. Brownes at Salem, who with great Regard presents his Compliments, and desires I would take Hunt's Money and use it, and account with him for it in his ·Business. I hope to wait on You at New York as soon as I get over the Fatigues of that long and tedious Journey.
" I am, Sir, Your very humble Servant, "JAMES BROWN."
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Mr. Alexander's Answer to Mr. James Brown.
" Sir :
" I have the Favour of Yours of January the 27th by your Son, and am heartily sorry that your People should so throw away their Money in making Purchases privately of the Indians thro' Lydius, seeing the Six Nations have several Times confirmed to William Penn and his Heirs the whole Province of Pennsylvania pursuant to the Grant of the Crown, tho' I believe at the same time it wasagreed that Penn and his Heirs should pay for the particular Parts before settling.
" I do not know that there's so much as one thousand Acres in New Jersey but what has been purchased of the true Indian owners, and should any Attempt be to make Indian Purchases there they may happen to repent it heartily, for by sundry Acts of Assembly none but the Proprietors can purchase, and even they not without Lycence, which they have exclusive of all others, and if any Person purchases otherwise it is not only declared by the said Acts to be seditious, criminal, and void, but also a Penalty laid of 40s. for every Acre so purchased.
"I am clearly of your Opinion, that the first Settlement of the Bounds of Connecticut in 1664 stopped all further Claim Westward by Vertue of their Charter, and their claiming further Westward may push those who shall be disturbed by their Claim to prosecute a Scire Facias for vacating their Charter for so claiming. The other Settlements posterior I allow do relate only to your Colony and the Territories of his Royal Highness the Duke of York, but those Ter- ritories not only included New York but also New Jersey, which was Part of his Territories, as it was held by Grant from him, ren- dering and paying to him Yearly Twenty Nobles, so that he was mesne Lord between his Grantees and the Crown, which Fact I believe You was unacquainted with.
" I think You was perfectly right in refusing the generous offers made to You to come in with those Purchasers, for I believe those Proceedings will be found not only riotous and disorderly but a high Contempt of the Royal Authority, and more especially blame- worthy at this Time, as they may tend to create . Divisions and ill Blood among the Indians.
"I am very glad that your Sentiments and mine do so nearly agrec in those Matters, and hope your just Sentiments may tend to convince your People of the Folly and Injustice of those Purchases so made and intended to be made, and to desist from putting them- selves and others to further Charge and Trouble concerning them and endangering their own Charter, which may prove the re-acting the Part of the dog in the Fable-Losing the Substance by Snatch- ing at the Shadow.
" I am, Sir, Your very humble Servant,
"JA ALEXANDER."
VOL. VI .- 18.
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On considering the several Matters set forth in the former Minutes of Council and in these Papers, the Council advised the Governor, after thanking Hendrick and the Indians who accompany him for their ready Compliance with his Invitation and undertaking such a long Journey in' so severe a Season, which shewed the Sincerity of their Love for the People of this Province, to mention these several Points :
First. The King's Grant to Mr. Penn.
Secondly. That it has been repeatedly made known to the Six Nations with the full Extent of it.
Thirdly. That a firm Friendship has been made with the United Nations, renewed from time to time, and always held sacred by Mr. Penn and his Family as well as by his respective Governors.
Fourthly. That the King has been made acquainted with the several Treaties, approved of them, required his Subjects to keep and fulfil them, and expected that the Indians should do so too.
Fifthly. Passing over those of old Time that mention should be made of what is within the Memory of Us all, viz":
Sixthly. The Treaty in 1736, and the solemn manner in which it was concluded by a very large Deputation of the Six Nations, in which they the United Nations bound themselves in the most firm and legal manner by an Instrument under their Hands and Seals not to sell any Lands comprized within Mr. Penn's Charter to others than his Heirs and Successors.
Seventhly. That in the most voluntary and perfectly free and open manner the Six Nations last Year ratified this solemn Contract at Albany in the Presence of some of the principal Persons of the several Governments then present at the Congress, having first inen- tioned an Application of some of the People of Connecticut to pur- chase from them the Wyomink Lands under some Pretence or other of those Lands being Part of their Country, and with the positive manner in which they rejected that application and assigned the care of those lands to John Shickalamy with a view that the Con- necticut People should be obstructed if they attempted the Settle- ment of them on any Pretence whatever.
Eightly. That notwithstanding all these Treaties, Contracts, & Instruments under Hand and Seal so fully, so publickly, so lately ratified at Albany, one Lydius, a Roman Catholick, and suspected to be a Friend of the French, at the Instigation of some of the In- habitants of Connecticut, but without Leave or License from that Government, in Breach of their Laws had prepared a Deed of those Wyomink Lands to be executed by the Six Nations to some of the People of Connecticut, and had undertaken to influence them as they should occasionally come to his House, and that to the Shame and Reproach of the Six Nations this false friends of theirs, this wicked Man, had prevailed either by Bribes or drink on many pri-
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vate Indians as they came occasionally to Albany on other Business to sign this Deed, making untrue Descriptions of the Places where the Land lay to some of them, and to Others expressly affirming that it was not any Land they the Six Nations had a Value for or that interfered with the Rights of any other Province than Con- necticut.
And Lastly. That the Execution of such a Deed in any manner, much more this private, frandulent, and deceitful manner, is a mani- fest Breach of the Treaties and a Violation of the most solemn Acts and Agreements of the Six Nations, and that, therefore, it is incum- bent on them to represent this Matter to the Government of Con- necticut and to insist upon it that the Deed should be delivered up by Lydius by Order of that Government as a Fraud & Imposition upon the People in whose Favour it is pretended to be made ; that they the Six Nations should procure for the Proprietaries the Know- ledge of the Names of the Signers and a Declaration from them of what passed at the Time of Execution, and that the Proprietaries of this Province be indemnified and put to no Trouble on Account of this Deed, and all this to be done by the Six Nations in such manner as is most agreeable to their Ideas of Justice and their own known Forms of doing Business, which as the Governor is unacquainted with he must leave to Hendrick to consider and give Advice about, and lastly, as this was a Matter of Importance that might draw on this Government very heavy Consequences, a War amongst the King's Subjects, and a War with the Indians, since the immediate Settlem' of this Land was intended and the Attempt was already begun by the Connecticut People, he desired them to think seriously how this could best and most speedily be done, and not only to ad- vise but to undertake to do it, assuring them that what was asked was perfectly agreeable to Col. Johnson, who had recommended to this Government to ask and insist upon these several Matters, and that he would concur with Us to obtain them.
The Governor approving this Advice sent for the Indians, and when the usual Compliments of Condolance for the Deaths of such Persons of Distinction as had on both Sides departed this Life had passed, which took up abundance of Time and consumed a large Quantity of Wampum, he proceeded to mention these several Mat- ters very distinctly and in Order, the Indians being very attentive and the Interpreter at their Instance reading such several Parts of' the Treaties and Deeds as were judged necessary on this Occasion,
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At a Council held at Philadelphia, Tuesday, 14th January, 1755, P. M.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor.
John Penn,
Benjamin Shoemaker, Esquires.
Robert Strettell, Richard Peters,
The Minutes of the preceding Council were read and approved.
The Governor received a Letter from the Speaker informing him that Twelve Indians of the Cherokee Nation were at his House in their way to Philadelphia, and sent a Pass produced by them from the Commissioners of Indian Affairs at Albany, setting forth that they were taken Captives by the French Indians in the Cherokee Country about two Years ago, and had made their Escape with an Intent to proceed to their own Country, and coming to Albany the Commissioners had taken Compassion of them and sent the Inter- preter to conduct them on their Journey. The Secretary was sent with the Compliments of the Government to them at Mr. Norris' and conducted them to Town, lodged them in the State House, and introduced them to Hendrick and his Company. After which they waited on the Governor and Council and produced their Pass, which was ordered to be entered. Hendrick was desired to learn their History, which he did, but it had nothing in it remarkable.
The Cherokee's Pass above mentioned is as follows :
" ALBANY, 9th December, 1754.
" This Day appeared before Us (the Commissioners of the Indian Affairs) the Bearers hereof, who are Cherokee Indians, being 12 in number, and from thence taken Captive by the French Indians about two Years ago, and from thence ran away with an Intent to proceed to their own Country; And we taking Compassion on them have thought proper to assist them on their Journey, and, there- fore sent Jacobus Clement to guide them as far as Æsopus; and the said Commissioners desire all Persons not to molest them, but to direct and assist them on the Road thither. We are, Gentlemen, "Your most humble Servants, " WYNDER SCHUYLER,
" CORNELIS CUYLER, " PIETER WINNE, "JACOB C. TEN EYCK,
" JOHN BUCKMAN, "JOHN B. V. RENSSELAR,
" We being well satified that the above is true and genuine, de- sire that all Persons whatsoever may suffer them to pass without
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Molestation, and also desire that they will be benevolent and assist them in their Travels.
" A. GAASBECK CHAMBERS, " JOHANNES TENBROECK, " JOHANNUS DE LAMETTER, " DAVID DE LAMETTER, " PETRUS BOGARDUS, " JOHN CROOK."
Mr. Francis informed the Governor that he had some time ago acquainted the Proprietaries with his Inclinations to lay down the Office of Attorney General, and that having received a Letter from him signifying his Consent, though with Reluctance, as he was well Satisfied with his Services, and should be glad he would continue in that Office, he desired to resign ; and the Governor recommended to the Board Mr. Benjamin Chew to Succeed him ; who was unani- mously approved, and his Commission ordered to be prepared.
At a Council held at Philadelphia, Wednesday the 15th January, 1755, A. M.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor.
John Penn,
Robert Strettell, ) Benjamin Shoemaker, Joseph Turner, ' Esquires. Richard Peters,
Hendrick and the Mohock Indians.
Conrad Weiser, Interpreter.
The Minutes of the preceding Council were read and approved.
Hendrick and the Indians return'd their answer in these Words :
" Brother Onas-
"The Governor and the Good People of this Province have been so kind to Us and entertained Us so agreeably that We have in- dulged ourselves a long while. Till Yesterday We did no Business, Then You spoke to Us, and by your Speech We are sensible You place much Confidence in Us. We are very glad that You discovered to Us the Grief of your Heart, and We have taken every Thing You said very seriously into Consideration."
Gave a String.
" Brother : .
"We have considered what you have said to Us about the deceit- ful Deed that John Lydius inveigled some of Us to sign.
" We agree that the Deed should be destroyed. We agree with
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You that it is a false Proceeding. We will give You our Assist- ance, but You know that We cannot destroy the Deed ourselves, that would be another Mistake that would be to do as these bad People have done; It must be the act of the Council of the Six Nations. We will think of the proper Means. One Measure has already come into our Minds, that is, We advise the Governor to send for Two Deputies of every Nation, Mohocks, Senecas, Onon- dagos, Cayugas, Oneidos, and Tuscaroras, either here or at Albany, to kindle a Council Fire with them and lay before them these several Deeds for them to consider and find a Way to oblige the Govern- ment of Connecticut to discountenance this Proceeding, and to make it a joint Act of Government with the Six Nations to cancel that Deed in a Treaty to be held for that Purpose with the Six Nations and Government of Connecticut.
" Brethren :
" We and You can talk pro. and con. with great Freedom, but these People must be told of it in Form. But then as it is a War Time, We advise that this be done as soon as possible, for We who are here to-day may not be here to-morrow. This is our present advice."
Gave a large Belt.
Then the Governor told the Indians that he had something to communicate to them of a public nature which he would do in the State House in the Presence of the Inhabitants, and desired to see the Indians there in half an hour, and to bring with them the Cherokees.
At a Council held at the State House, 15th January, 1755, A. M. PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu .- tenant Governor.
John Penn, Robert Strettell, - Benjamin Shoemaker, Joseph Turner, Esquires. Richard Peters,
Henrick and the Mohock Indians.
The Cherokee Indians.
Conrad Weiser, Interpreter.
Several of the Inhabitants of the City.
The Minutes of the preceding Council were read and approved.
Hendrick, on behalf of the Cherokees, thanked the Government for their kind Reception and generous Entertainment, and assured the Governor that they were by no means tired with staying with their Brethren, but as they had been a long while absent from their
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Families they desired Leave to proceed to the Cherokee Country, and being told that some Cloathes were making for them, and when these were ready their Passports, their Letters of Recommendation, and their Guides, they wou'd then be left to go when they pleased. Hereupon Hendrick again at their Instance returned Thanks in a very affectionate manner, and then Hendrick, in behalf of all the Six Nations, as they were in Alliance with the Cherokees, made an elegant Compliment to the Government for their brotherly and com- passionate Usage of these distressed Indians, and commended the Proprs., Governor, and People of this Province as having more than any other of the Colonics manifested on all occasions a particular Tenderness and affection for the Indians.
Then the Governor spoke as follows :
"Brethren the Six Nations-
"We are mutually obliged by Treaties to give each other Intelli- gence, and in Vertue of these Leagues, and as a Testimony of the peculiar Confidence We place in the Mohock Nation, We inform You that His Majesty has remonstrated to the French King the Injustice of the Encroachments made by his Subjects on the Lands of our allies the Six Nations, and that they having put those Lands under His Britannick Majesty's Protection do insist on being assisted to drive all the French Intruders off, and his Majesty not having obtained a satisfactory Answer from the French King was sending a large Army into America to obtain it by his Arms in Conjunction with those of the Six Nations, in whose Cause his Majesty interests himself warmly, and will, God blessing his Endeavours, procure them ample Redress.
" The Forces are now at Sea and may be expected cvery day. They will land in Virginia. You must have been told that large Numbers of Warriors are making ready to the Eastward. One General Officer from England will command all the Armies, and a Plan of Operations will when he arrives be concerted and concluded. " Brethren :
" We are sensible much of our Success will depend on the Con- currence of the Six Nations, and We shall be asked many Questions by the General concerning their Dispositions and the Numbers that will join Us or the French. I desire, therefore, that You will speak freely to me on this Subject-have no Reserve, but open all your Hcart and let me know the real Sentiments, Purposes, and Inclina- tions of the Six Nations-whether they are for or against Us. Du not conceal the Truth. Let us know the State of their Minds."
Answer of the Indians-Hendrick Speaker.
"Brother Onas :
" You shall find in Us a Disposition to hide nothing from You that regards the common Interest. Onontio it is certainly true has among the Six Nations a very considerable Party. More of them
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are for him than against him. He has found a Way to divide our People. He gives large Rewards, He builds Strong Houses wherever the Situation is advantageous, and it can serve either to curb Us or to intercept You in your Commerce with Us, and by this means he is able to defend such as declare for him. He gives fine Clothes : He employs artful Men who live as Indians; Whereas You are weak, You build no strong Houses, You send Persons only to trade amongst Us who consult their own Interest and often impose on Us.
" Brother Onas :
" You desire Us to speak all We know of the Disposition of the Indians towards the English whether it be good or bad. We have told You the Truth, that We are divided amongst Ourselves, and that some of every Tribe is for the French and some for the Eng- lish. We the Mohocks boast that We are of the English Side, and, therefore, have a Right to speak Things tho' they may be disagree- able to You. We mean it well, however, and now shall take the Freedom to tell You an Affair that will always do hurt to the Eng- lish till it be remedied. Don't, therefore, be displeased with Us if We take this Opportunity of telling You that the Government of New York does not use Us well, and till they be brought to give Us Satisfaction in our Complaints We shall never be such good Friends of the English as We shou'd otherwise be.
"The case is this : the People of New York have surveyed large Tracts of Land belonging to Us without our Consent, without any Grant from Us, and without making Us any Satisfaction. The Castles We live in are granted away from Us without our Know- ledge.
" We made regular and public Complaints to Governor Clinton, and the last time he was at Albany he solemnly promised 'he would examine into the Facts and redress Us; but he left the Council in a very abrupt shameful manner and run away to England. It is true he told Us from New York that he would lay our Complaints before the King of Great Britain, and he wrote from London to Col. Johnson to excuse himself that he had not an Opportunity of doing it when he first arrived, but would certainly do it some time after; but We have heard nothing from him, and believe our Com- plaints are buried deep under the Ground.
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