USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 58
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" I shall procced in my March from this place for Oswego to- morrow morning upon the Expedition under my Command. Wish- ing you success, I am, Sir,
" Your most obedient humble Servant, " WM. SHIRLEY.
"P. S .- You will be pleased to favour me with an Ans". by the return of this Express, which I have ordered to follow me with it. All future Letters until my Return you will be pleased to direct for
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me to the care of James Stevenson, Esqr., at Albany, who will forward them to Oswego.
" A true Copy, Att". "WM. ALEXANDER, Secy."
Afterwards were read the Governor's Draughts of his Answer to the Letter of General Shirley's, and of a Letter to Colonel Dunbar, together with the Draught of his Message to the Assembly, and the same were approved and ordered to be entered :
A Letter from Governor Morris to General Shirley. " Dear Sir :
"I am favoured with yours by Express, and send forward your several Letters to Colonel Dunbar and the two neighbouring Gov- ernments. I wish the Information upon which you founded the Orders you have now sent had been true, or that an Expedition could possibly be formed from these Provinces in time, which I have great reason to fear it cannot.
"My Assembly met on the Twenty-third of July, much sooner than any of those of the neighbouring Governments, and have done nothing towards an expedition. It is true they profess great Loyalty to the Crown & Zeal for the publick, yet their Conduct does not by any means come up to their professions, as may be observed from the whole Tenor of their Behaviour, and their insisting upon new and extraoadinary points at such a time as this, when they know I am restrained by my Commission from coming into them, and bad they instead of spending a month in idle dispute given money at at first, and in such a way as I could have taken it, we might have had by this time Three thousand men ready for Service, with pro- visions, Tents, and other things necessary, for the spirits of the people were then up and they would readily have them engaged in the Service.
" But uncommon pains have been taken by the Quakers to dis- suade the people from taking up Arms upon the present Occasion ; to this end they have sent Committees round to every body with whom they have had any Connection, and Calculated all their Ser- mons to answer that purpose, which have had so great Influence upon the People and even upon the Assembly, a great Majority of which are Quakers, that the Inhabitants seem as unconcerned as ever; and tho' as an additional Encouragement to those that would engage in an expedition to remove the French and become Settlers I made a proposal to the Assembly to give Two hundred Acres to every Soldier, Four hundred to every Subaltern, Five hundred to every Captain, One thousand to every Colonel, and Seven hundred and fifty to the other field Officers, without any purchase Money and free from the payment of Quit-Rent for fifteen Years, yet this or any thing else I could do had no effect upon the Assembly, who
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seem'd determined to take advantage of their Country's distress to , get the whole powers of Government into their own hands, and unless I will join with them in this their Scheme and betray the trust reposed in me by the Crown and Proprietary Family, they will not come into a Law for the Establishment of a Militia nor raise any supplies.
" From what I have said, Sir, you will form some Judgement of the disposition of the Assembly of this Province and how little is to be expected from them; and as I cannot conceive that the other Provinces will or indeed can carry on an expedition against Fort Duquesne without the aid of this, I have not the least hopes that any thing of that kind will be undertaken this Year, nor even in the next without Parliamentary Interposition.
" I shall, however, once more call upon the Assembly of this Province and let them know the Destination of the Troops under Col1. Dunbar depends very much upon their Resolutions, and in the mean time shall take the Liberty to advise the Colonel to continue his March towards this City, where he may soon recruit his Regiments and furnish his Men and Officers with what they may have occasion for, and if an Expedition to the Westward is agreed on he can be at Carlisle before the Provincial Troops can possibly be raised, and in case nothing should be done on the part of the Province, as I. am fearful there will not, he will then be so far on his Way towards Albany.
" And here you will give me leave to say that I think those Troops can be no where so well employed as in strengthening you and contributing to your success in the gaining that important pass at Niagara, in which, if you succeed, Fort Du Quesne will become of little or no consequence to the French, as it will be impossible to supply or reinforce it.
"Niagara, therefore, is the strong point that every thing else ought to submit to, and I not only think you right in ordering these Troops to your Assistance, but would have you by all the means in your power strengthen yourself as much as you can, and call upon the Province of New York to garrison their own Forts by their own Militia, for if Niagara is taken this Year it will be a glorious point gained, and if you miscarry for want of Force when all the Troops upon the Continent is under your Command, the blame will justly be laid to your own Door.
" I am, Dear Sir, Your most obedient humble Servant,
" ROBT. H. MORRIS.
" Philadelphia, August 19th, 1755."
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A Letter from Governor Morris to Colonel Dunbar. " PHILADELPHIA, August 19th, 1755.
« Sir :
"By what I have wrote to General Shirley, of which I enclose you a Copy, you will be fully informed of my Sentiments; as it does not appear to me that there is any probability of obtaining the Concurrence of these three Colonies in the proposed expedition against Fort Du Quesne, I am clear of opinion that it would be more adviseable for you to adhere to the former Instructions of General Shirley and continue the March of the Army to this City. If, contrary to my expectation, it should, however, prove otherwise, you may without any difficulty return to the Frontiers, and in the mean time furnish your Men with Cloaths, tents, and other neces- saries, which can only be had in this City.
" The Assembly of this Province have been sitting since the 23d of the last Month, and have consumed all this precious time in a fruitless Controversy, and will, I fear, do nothing adequate to the present Exigency.
"I am, Sir, Your most humble Servt., "ROBT. H. MORRIS.
"P. S .- The Officer I employed to recruit continues to have suc- cess, & has added 30 Men more to the 100 I mentioned in my last."
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The Message from the Governor to the Assembly.
"Gentlemen :
"I have by Express received Letters from General Shirley, wherein he acquaints me that he has wrote to Colonel Dunbar that it appears clears to him as there will be four Months of good Weather before the winter sets in, that with the number of Forces the Colonel now has, and the Assistance he may receive from the Provinces of Pennsylvania, Maryland, and Virginia, he may yet have it in his power to retrieve the Loss sustained by the late defeat of Major General Braddock, by proceeding directly to Fort Du Quesne, and has sent him orders for that purpose ; and further says to me that it will depend upon. this Government and those of Virginia and Maryland to assist Colonel Dunbar with Reinforcements, Provisions, Ammunition, Artillery, Ordnance Stores, Carriages, Horses, and all other things to fit him out for his March and the Service he is or- dered upon, and that he has wrote to the same effect to Governor Dinwiddie and Governor Sharpe, whose Assistance, with that of this Province, he entirely relies upon at this extraordinary Crisis.
"I must, therefore, recommend it to you to enable me to do the several things expected by the General from this Province, and that
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you would take this matter immediately into your Consideration and give me your answer thereto, that I may send the same forward to Colonel Dunbar and the Governors of Maryland and Virginia, whose Resolutions will in a great measure depend on what I shall be enabled to do.
" I recommend it to you whatever Resolutions you may come to upon this Occasion to keep this matter secret.
" ROBT. H. MORRIS.
"Philadelphia, August 19th, 1755."
At a Council held at the State House, Wednesday the 20th August, 1755, A. M.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor, &ca.
Richard Peters, Esquire.
Scarroyada and the Indians of the Six Nations.
Jagrea and the Owendats.
Conrad Weiser, Esquire, and Mr. Andrew Montour, Interpreters.
"The Present was delivered to the Six Nations in the name of the good people of this Province, and the List read as follows: 2 pieces of Strowds, 2 ps. of Matchcoats, 2 p& of Blankets, 1 Ps. W. half Thicks, 1 ps. Purple Do-, 2 p& & Garlix, I p& fine Do., 1 ps. 3 do-, 2 doz. Cutteau Knives, 2 doz. very large Ditto, 2 Groce Indian Awl Blades, 4 Groce Bed lace sorted, 2 Groce best Scarlet Garters out of prs, 4 lb. Vermillion, 4 doz. Indian Tobacco Tongs, 2 Groce Sorted Rings, 1 Groce of Morris Bells, Pd. Jnº. Kidd, 100 lbs. Gun- powder, Ditto Levy and Bush, 4 cwt. Lead, 20 1b. best cut Tobacco, 8 doz. Pipes, por terage, Gunpowder, &ca., 12 Guns.
" Then the Governor said as he was disappointed of the attend- ance of his Council by some mistake of the person whose Duty it was to summon them, and that none of the Citizens were present, he would postpone speaking to them till the afternoon.
" Scarroyady said he was glad to hear the Governor say so, he desired his Council would all attend in the afternoon and hear what the Owendats had to say, who desired to be heard in the Council Chamber and not in publick."
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At a Council held at Philadelphia in the Council Chamber, Wed- mesday, 20th August, P. M.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor.
John Penn,
Robert Strettell,
Benjamin Shoemaker,
Richard Peters, Esquires.
Lynford Lardner,
The Indians of the Six Nations.
The Owendats.
Conrad Weiser, Interpreters.
Mr. Andrew Montour,
The Owendats addressing themselves to the Six Nations as well as to the Governor, spoke as follows :
" Brethren :
"We return you thanks for your kind Treatments of us since we came amongst you, and for the handsome present you have been pleased to make us."
Gave a String.
" Brethren :
" The particular persons to whom your Message was sent by Ja- grea did not come, but they imparted Your Message to the Chiefs of our Nations and we were sent in their name and stead ; two of the Four Strings were sent by those Warriors to acknowledge that they received your Message, that it was agreeable to them, and that they are your fast Friends.
" The other two Strings were sent by the old Men ; they would have been liable to Suspicion had they come at such a critical Time ; but they are, nevertheless, your Friends, and will turn their Faces towards you in the Spring, and come and see what you are doing.
" This the Warriors will do as well as the old men."
Gave Four Strings of Wampum.
" Brethren :
" We hold one end of the Chain of Friendship and you the other; We will hold it fast on our party and desire you will on Yours. You may certainly depend on the continuance of our Friendship."
A String.
" Brethren :
" We are poor and have nothing to give in return for your present. This String expresses our Poverty."
A String.
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MINUTES OF THE
" Brethren :
"We think ourselves bound by the Chain of Friendship between us neither to hurt nor suffer others to hurt you; but as this last may be out of our Power, if you should be struck We entreat you will not believe any of our Nation are any way concerned in it, for we assure you they will do nothing inconsistent with their Profession of Amity and Friendship, which we now make with you heartily and sincerely."
A String.
" We live on this side Lake Erie, at a place called Deonandady. If you should get the better of the French and come into our parts you will find us your Friends and we will join you."
A String.
" Brethren :
"This is a string from the Adherents and Friends of Cachanat- kreka to the Governors of Pennsylvania and Virginia, acquainting them that they received many kind Messages from them but find it so difficult to support their Families in this dangerous time that they could not leave their habitations, else some of them wou'd have come with us."
A double String.
" Brethren :
" We have now finished what we had to say."
The Governor returned this Answer :
" Brethren the Owendats-
"We thank you for your kind Speeches. Every thing you have said has been very agreeable. We thank Cachawatkecha and his Friends in particular, and tell them from us that we have a greatful Sense of their constant Attachment to us, and we hope that they will still shew it in this time of Darkness, and that we shall have on all Occasions their kind Assistance. We thank you for ae- quainting us with your abode at Deonandady, and if Providence favours the King's Army with Success we shall be glad to see you and pay you a Visit in the most friendly manner.
" Brethren :
" We shall not fail to send your string to the Governor of Vir- ginia, who would have been glad to have seen you. We are all Subjects to the Great King over the Water, and are all joined together in one common Cause to prevent the French taking your Land from you."
After the Indians withdrew the Secretary read the Three follows- Messages received last night from the Assembly, together with a proposal of sundry of the Inhabitants of the City of Philadelphia to pay the Proprietary Tax.
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PROVINCIAL COUNCIL.
A Meunge to the Governor from the Auembly.
" May is please the Governor :
" How disagreeable soever the Task may be to wade they' all the Mierepresentations in the Governor's long Message of the Thirteenth inasant, a regard to Truth and of Trutha of importance to the Wel- fare of our Country will oblige us to submit to it.
" The Governor is pleased to tell us that fwhen he sent down our Bill for raising Fifty thousand pounds with Amendments he ez- pected we should have returned it with the Amendments, and in- formed him which of them we agreed to, this being the common and ordinary Method in such cases.' The Governor allows in this Message that we have by Charter ' the powers and privileges of an Assembly according to the Rights of the Free-Bom subject of Fag- land, and as is usual in any of the King's plantations in America.' Now we take it to be one of those privileges and powers of an Assembly to have their Money Bills granting supplies to the Crown accepted as they are tendered if at all accepted, and that without any proposal of Amendments. We think this is a privi- ledge claimed and used by the House of Commons and as far as we know by all the Assemblies in America, so that it is far from being the common and ordinary method to receive and debate on Amend- menta proposed by the Governor to such Bills. It, ie, therefore without Foundation that the Governor supposes we agree to all the other Amendments merely because we offered no reasons agafzet any of them but that which related to tazing the Proprietary Katate. For we even made that step of Deviation from the common and ordinary Method entirely in Consideration that the occasion for ile Supply was uncommon and extraordinary, hoping thereby to enme more speedily to a happy conclusion in the business of the Session, & without the least Intention that it should ever be drawn into precedent.
" The Governor still insists that taxing the Proprietary Estate, tho' it be to free it from French Encroachmente, will be an Escum- berance on that Estate. Be i: so, then, since the Governor will have it so, for our Differences are less about Words than Things. Does this, however, prove the Validity of the prohibitory Change in this Commission, or that it is equitable and just the Proprietary Es- tate alone should be exempt from a Tax which all the Eetates in Britain and her Colonies now bear, or must bear, to free that very Estate from Encroachmente and Encumbrance ?
" The Governor is ' not fortunate enough, he is pleased to my, to comprehend the Force of our Reasonings on this head that are drawn from the Fourth Section of the Royal Charter,' which, tho' it gives power to the ' Proprietaries and their Deparies and Lieu- tenants to make Laws, does not alter the Relation between a Prin- cipal and his Deputy, or make the Deputy equal to or independant
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of the principal, &ca-" We will, therefore, for the Governor's Satis- faction endeavour to express our Sentiments yet plainer, if possible, and enforce them farther. The Royal Charter ' grants full, free, and absolute power (not only to the Proprietary and his Heirs) but to his and their Deputies and Lieutenants, to enact any Laws whatso- ever for raising Money for the safety of their Country, according to their best discretion, with the Assent of the Freemen,' &ca- But the Governor objects notwithstanding this full and free power granted by the Royal Charter to me as the Proprietary's Deputy. I cannot use my best discretion in this case nor enact the proposed Law, because there is in my Commission a prohibitory Clause or Saving which restrains me, and if I should pass it such Prohibition, not- withstanding the Law, would not be valid. To this we answer, That no Prohibition of the Proprietaries can lessen or take away from the Lieutenant Governor any power he is vested with by the Royal Charter ; and in support of this, as an Argument at least to the Governor, produced to him an Opinion of the Proprietary and Governor's former Council on the case of a Proviso, or serving in the Lieutenant's Commission that restrained in favour of the Pro- prietary the power of making Laws which is granted to the Lieu- tenant in the Royal Charter. This opinion (which the Governor allows to be a good one) declares that saving to be void in itself, and that any Law passed by the Lieutenant shall be valid, the Saving Notwithstanding. But the Governor would distinguish it away by alledging 'that though the opinion was in that Case it is not applicable to all Cases.' If it is applicable to the present case it is all that is necessary for our Purpose, which was to show that a Proviso in his Commission restricting the powers that was granted to him by Charter was void in itself, and that if he passed a Law contrary to the Proviso the Law would be valid. The 'Relation the principal and his Deputy' still remains entire-the Deputy is dependant on the principal, and may be removed by him at plea- sure. But as the principal cannot give powers to the Deputy which he has not himself, so neither can he lessen the powers given to the Deputy by the Charter. If the Proprietary can by prohibitory Clauses in his Commission restrain the Deputy from passing any one Law which otherwise he had power by the Charter to pass, he may by the same rule Restrain him from passing every Law, and so the Deputy would be no Deputy. That the Charter makes the Proprietary 'civilly answer for what is done in the Province by their Lieutenants' we conceive to be a mistake. The Proprietary is by the Charter made answerable for any Misdemeanour that he him- self shall commit, or by any wilful Default or Neglect permit against the Laws of Trade and Navigation. But if the Deputy commits a Misdemeanour which the Proprietary does not permit through his own wilful Default or Neglect, we presume he is not answer- able for such Misdemeanour by the Charter, and less in Reason now than when the Charter was given, as by an Act of Par-
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liament of later Date every Deputy appointed by the Proprie- tary must before he can Act as such receive the Royal Appro- bation. The very nature and reason of the Thing, moreover, seem to us to show that a Deputy to do a thing should have all the powers of the principal necessary for doing that thing; and every Lieutenant or Deputy Governor is by the nature of his Office and the reason of his Appointment to supply or hold the place of a Governor ; but the Royal Charter being so express and plain in the point, leaves us under no necessity of investigating this Truth by Reason. Should our Constituents when they chose us to repre- sent them in Assembly, not only instruct us but even take Bonds of us, that we should assent to no Law for the better and more effectually for the Recovery of the Proprietary Quitrents, if such a Law were required of us, or thought necessary by the Governor, Would he think such Prohibitions or Bonds valid ? Would he not say they were void in themselves, as forbidding what he thinks a just and reasonable Thing, depriving us of the Right of using our best Discretion, and restraining the powers granted to us by the Charter ? The case we conceive to be the same with respect to the Proprietaries' Lieutenant (who is their Representative), if he is so restrained as the Governor thinks himself to be. 'The Govern- ment and the exercise of the Government are inseparable,' says Chief Justice Pollexfen, a famous Lawyer ; 'and whereever the Government is granted, the Exercise of that Government is meant and included. If the King grant to any one the Government of Jamaica or the like,' continues he, 'sure no one will say that that is not a grant of the Exercise of the Government there ;' and we suppose this is as good law with regard to the Grant of the Govern- ment of Pennsylvania.
"The Governor is pleased to say that he cannot help observing that we formerly used the same Arguments against the Validity of Royal Instructions. We have all due respect and deference for Royal Instructions. The King has not any where a more dutiful and Loyal people ; but what does the Governor intend by the validity of Instructions ? Does he mean that they are Laws in the Colonies ? And if the Royal Instructions were such, does it follow that Proprietary Instructions have the same Validity ? We appre- hend there may be some Difference, but at present it is not neces- sary to discuss it.
"For our doubting in the least the Governor's power to make the offered Grants of Land (free of purchase Money and Quit-Rent for Fifteen Years) in the behalf of the Proprietary, he is pleased to. treat us with great contempt on account of our Ignorance, observing that 'it is something very extraordinary that the Representative Body of Pennsylvania should know so little of the Affairs of the Province as never to have been informed that the Governor Grants the Proprietary Lands under a certain power of Attorney, regularly
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proved and recorded, called a Commission of Property ; That this power was formerly vested in private persons, but for some Years past has been given to the Governors, and being the foundation of property cannot be unknown to any the least acquainted with the circumstances of the Province. And now,' continues the Governor, ' to ask a Question or two in my turn, how could you think that the Lands in the Province were granted under the powers of a Com- mission [meaning his Commission as Lieutenant Governor], which expressly prohibits the granting of any ?' Really we should be very ignorant indeed if we thought so; but it happens, May it please the Governor, that we are perfectly well acquainted with all these mat- ters, and have even now lying before us an Authentic Copy of that certain power of Attorney called a Commission of property, which we suppose most who have read the Governor's Message are persuaded gives him full powers to make the Grants of Land which in his Message of the twenty-eighth past he proposed ' To make to such persons as shall now engage to go upon an Expedition to remove the French from their Encroachment on the River Ohio without any purchase Money, and free of Quit-rent for fifteen Years.' Our Copy of this Commission is taken from the Records, and certified to be a true one under the Hand and Office Seal of the Master of the Rolls. We have examined it thoroughly to find the powers by which those Grants were to be made, and unfortunately we are sorry we are obliged to say it to the Governor, there is no such thing, not even a Syllable of the Kind. But on the contrary, after a power given to the Governor to grant Lands claimed by virtue of former Purchases there is this Clause, 'And also, by Warrants to be issued as afore- said, to grant to any Person or Persons who shall apply for the same, and to their Heirs and Assigns for ever, any vacant Lands within the said Province and Counties, or any of them, upon, by, and under the same Terms, Methods, Rents, and Reservations, as have of late been used and practised in the said Land Office; But for no less Price, Condition, or Reservation in any wise.' That is for Fifteen Pounds ten Shillings per hundred Acres purchase Money, and Four shillings and two pence Sterling Quit-Rent. And now, will the Governor give us leave to ask a Question or two in our Turn? How could he think that Lands might be granted away without any pur- chase Money and free of Quit-Rent for Fifteen Years under the power of a Commission which expressly forbids his granting any under less price, Condition, Rent, or Reservation whatsoever, than has of late been used and practiced in the Land Office ? How could he think of referring us to such a Commission for his power to make those Grants when he knew it was never there ? How could he slight his Reputation so much as to hazard such an Imposition on the Assembly and whole Province; one so easily detected ? We make no further remarks on this lest we should again incur the Censure of treating our Governor in an unbecoming manner.
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