USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78
" As the Council, however, for the Assembly have again strenu- ously insisted upon the Efficacy of the Military Power given to Mr. Penn by his Charter, and the obligation he his hereby under to provide for the defence of the Province, it may be necessary to ob- serve, that this Power, great as it is in words, can have no Effect or Opperation without the Aid and Concurrence of the Legislature by enacting penal and compulsory Militia Laws, and by a proper and Constitutional Appropriation of Money to Military purposes; and this opinion is Confirmed by the practice and usage in all other Colonys, whether the Government be by Charter or by Commission from the Crown; in both which Cases, notwithstanding the Person intrusted with the execution of Government has the same Power as the Proprietors of Pennsylvania, yet no Militia cou'd have been or ever was framed, or Military Service executed without an Act of the Legislature.
" It has been indeed insisted upon by the Counsel for the Assem- bly, that the Proprietor has in the present Exigency received pro- per aid and Support in the Exercise of the Military Powers in his Charter from the Assembly, who have lately passed two Laws, the one for granting fifty-five thousand Pounds to the King's use, the other for regulating such Persons as are willing and desirous to be united for Military Purposes. These Laws your Lordships have been pleased to refer to us by a seperate Order, together with seve- ral Orders passed there at the same time, and therefore we shall make a seperate Report to your Lordships upon them; but we think it our Duty at present to trouble your Lordships with some
VOL. VII .- 18.
274
MINUTES OF THE
short Observations, because upon the merit or demerit of these Laws the force or weakness of the Arguments which have been attempted to be drawn from them will, in your Lordships' Judgement, in great measure depend.
" By the first of these Laws the Money thereby to be raised is to be placed in the Hands of a Committee of the Assembly, to be ap- plied by them 'for supplying Friendly Indians, holding of Treaties, releiving distressed Settlers who have been driven from their Lands, and other Perposes for the King's Use,' but not a word is said of Military Service; and tho' it has been argued that the Words other purposes will admit of such a Construction and Application, yet, when it is considered that the Committee which has the Sole Power and Direction of this Money is part of and constituted by an Assem- bly principled against Military Service, there is little room to hope they will put such a Construction and Application.
"As to the other Law, it is in every respect the most improper and inadequate to the Service which cou'd have been framed and passed, and is rather calculated to exempt Persons from Military Services than to encourage and promote them. No methods are prescribed for compelling Persons by Proper Penalties to Associate in Defence of their Country, or for obliging those who are conscien- ciously scrupulous of bearing Arms themselves to find others in their stead, or to provide for such as might, by the Executive Power, be found ready and willing to enlist.
"The whole is voluntary, both in respect of inlistment and of the subsistance of those who shall be enlisted; the Officers are to be elected by Ballot, and no Provision is made for that due subordination without which all Bodies of People associated for Military purposes would be absolutely useless; but these are not only the defective & mischievious Provisions of this Law, for it is enacted that no Person under twenty-one Years of age should be enlisted, by which means many able Bodyed Men fit for the Service of their Country as Sol- diers would be excluded; and that no Regiment, Company, or Party shall be compelled or led more than three days' March beyond the Inhabited parts of the Province, nor be detained against their Wills longer than three weeks in any Garrison, let the necessity of the case be what it will; a Proviso which, instead of rendering this Militia effectual to the purposes of defence, may be the means of encouraging Desertions and sacrificing such of the King's Troops as may happen to be join'd with them in the same Service; but were the Provisions of this Act ever so good and proper, yet little advan- tage or benefit could be hoped for from a Law in the preamble of which it is declared that the Majority of the Assembly, which is in effect the Governing part of that Province in which it is to operate, and from whom his Majesty's Subjects ought to receive support and Protection, are principled against bearing Arms, and that the mak- ing a Law to compel Persons thereto would be to violate of a funda-
275
PROVINCIAL COUNCIL.
mental of the Constitution, & be a direct breach of the Privileges of the People.
" Upon the whole, we are humbly of Opinion that the Legisla- ture of every Country is in Duty bound by the Original Constitu- tion, Frame, and Compact of Government to support and defend that Government and those who are subjects to it; that the Assembly of Pennsylvania is in no degree exempted from this general Law of Na- ture and Society, but on the Contrary is obliged by the Charter to the Proprietors to aid and assist them in the Execution of the Powers given to them by that Charter, which cannot be carried into Execution without such aid and Assistance; that the measures alledged by the Assembly to be intended for this Purpose are im- proper, inadequate, and ineffectual, and that there is no reason to hope that proper or effectual measures will be taken while the Majority of the Assembly consists of Persons whose avow'd prin- ciples are against Military Services, however necessary for the Se- curity and Defence of Government, who have declared by Publick Acts that it is a Violation of a fundamental of the Constitution, and a direct breach of Privileges to compel Persons to bear Arms, or to find or provide for such as will do Military Service in their stead, and who, tho' not a Sixth part of the Inhabitants of the Province, are yet contrary to the Principles, the Policy, and the Practice of the Mother Country, admitted to hold Offices of Trust and Profit, and sit in the Assembly without their Allegiance being secured to the Government by the Sanction of an Oath; and there- fore We see no Remedy to the Evils so justly complained of by the Petitioners, unless by the interposition of an Act of the British Legislature, agreeable to the Opinion of His Majesty's Attorney and Sollr. General, when the Defenceless State of this Province was under your Lordships' Consideration, upon a Report from this Board on the 7th November, 1744, a Copy of which is hereunto annexed. We are,
"My Lords, Your Lordships'
" Most Obedient & most humble Servants,
"(Signed)
"DUNK HALLIFAX, "J. TALBOT, "SOAME TENYNS, "RICHARD BIGBY.
" WHITEHALL, March 3, 1756."
-
" At the Council Chamber, Whitehall, the 24 June, 1756.
" By the Right Honourable the Lords of the Committee of Council for Plantation Affairs :
"Your Majesty having been pleased by your Order in Council of the 11th February last to referr unto this Committee Two Acts
276
MINUTES OF THE
passed in the Province of Pennsylvania in August and November, 1755, The Lords of the Committee did, on the 12 of February last, take the said Acts into their Consideration, and thought proper to transmit the same to the Lords Commissioners of Trade and Plan- tations for their Opinion thereupon, who have reported to this Com- mittee That they have considered the same, and that the following Act Intituled ' An Act for extending so much of an Act of Parlia- ment entituled ' An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters,'' passed in the twenty-eighth Year of the present Reign, as relates to the Quartering and Billetting of Soldiers and Payment of their Quarters, in that part of Great Britain called England, Appearing to them to be of an extraordinary and unusual nature, They thought it their Duty to refer it to your Majesty's Attorney General, who hath reported to them as his Opinion, that it is not adviseable for your Majesty to approve thereof; That the tendency of this Act must unavoidably be to Cramp the Publick Service and obstruct the defence of the Province; That it assumes Propositions true in the Mother Country, and rightly asserted in the Reigns of Charles the First and Charles the Second, in times of Peace, when Soldiers are kept up without consent of Parliament, but that the Application of such Propositions to a Colony in time of War in the Case of Troops raised for their protection by the Authority of the Parliament of Great Britain, made the first time by an Assembly, many of whom plead what they call Conscience for not making or assisting Military Operations to resist the Enemy, shou'd not be allowed to stand as Law.
" And ' With respect to the Act passed in November, 1755, Intituled ' An Act for the better ordering and regulating such as are willing and desirous to be united for Military Purposes within this Province,"' The said Lords Commissioners have reported, That it is in every respect the most improper and inadequate to the Service which could have been framed and passed, and seems rather Calculated to exempt Persons from Military Services than to encourage and promote them. No methods are prescribed for com- pelling Persons by proper Penalties to Associate in Defence of their Country, or for obliging those who are conscientiously scrupulous of bearing Arms themselves to find others in their stead, or to provide for such as might by the Executive power be found ready and willing to enlist. The whole, both in respect of Enlistment and of Sub- sistance of those who may be enlisted, is voluntary. The Officers are to be elected by Ballot, and no provision is made for that due Subordination, without which all Bodies of Men associated for Military purposes would be absolutely Useless. But that these are not the only Defective and Mischievous provisions of this Act, for it is enacted, That no Persons under Twenty-one Years of Age shall be Enlisted, by which means many able bodied Men fit for the Service of their Country as Soldiers wou'd be excluded, and that
277
PROVINCIAL COUNCIL.
no Regiment, Company, or Party shall be compelled or led more than three days' March beyond the Inhabited parts of the Province, nor be detained against their Wills longer than Three Weeks in any Garrison, let the necessity of the Case be what it will; A proviso which, instead of rendering this Militia effectual to the purposes of Defence, may be the means of encouraging Desertion, and of sacra- ficing such of your Majesty's Troops as may happen to be join'd with them in the same Service. But were the provisions of this Act ever so good and proper, Yet little advantage or benefit cou'd be hoped for from a Law, in the preamble of which it is declared, that the Majority of the Assembly, which is in effect the Governing part of the Province, in which it is to operate, and from whom your Majesty's Subjects ought to receive Support and protection, are principled against bearing Arms, and that the making a Law to compel Persons thereto, would be to violate a Fundamental of the Constitution, and be a direct breach of the Priviledges of the People. The said Lords Commissioners are therefore of Opinon that this Act shou'd receive your Majesty's disallowance.
" Upon Consideration whereof the Lords of the Committee do agree humbly to Report as their Opinion to your Majesty that Both the said Acts ought to be repealed.
" A true Copy.
"W. SHARP."
" At the Court at Kensington the 7th day of July, 1756. "PRESENT :
" The King's most Excellent Majesty.
" Lord President, Lord Berkley, of Stratton,
" Lord Privy Seal, Lord Raymond,
" Duke of Devonshire, Lord Edgecumbe,
" Earl of Holderness,
Lord Anson,
" Earl of Rochford,
Mr. Secretary Fox,
" Earl of Buckinghamshire,
" Lord Delaware.
Sir Thomas Robinson,
" Whereas, in pursuance of the powers granted to the Proprie- tarys of the Province of Pennsylvania by Letters Patent under the Great Seal, the Deputy Governor, Council, and Assembly of the said Province did, in August and November, 1755, pass two Acts, which have been transmitted and are Intituled,
"' An Act for extending so much of an Act of Parliament inti- tuled ' An Act for punishing Mutiny and Desertion, and for the . better Payment of the Army and their Quarters,'' passed in the twenty-eighth Year of the present Reign, as relates to the Quarter- ing and Billetting of Soldiers and payment of their Quarters in that part of Great Britain called England.
278
MINUTES OF THE
"' An Act for the better Ordering and regulating such as are willing and desirous to be United for Military purposes within this Province.'
" His Majesty this day took the said Acts into his Royal Con- sideration, and having received the Opinion of the Lords Commis- sioners for Trade and Plantations, and also of a Committee of the Lords of His Majesty's most Honourable Privy Council thereupon, Is hereby pleased to Declare his Disallowance of the said Acts, And pursuant to his Majesty's Royal Pleasure thereupon expressed, the said Acts are hereby repealed, declared Void, and of none Effect ; Wherefore the Deputy Governor, Council, and Assembly of the said Province, and all others whom it may concern, are to take no- tice and govern themselves accordingly !
"W. SHARPE."
A Letter from Mr. Parsons of the 12 Instant was likewise read, wherein he acquaints the Governor that ten Indians and four Cap- tives were arrived at Easton, and had brought a Message from Teedyuscung, which for want of Interpreters cou'd not be de- livered.
The Governor then related to the Council, that he found the Frontiers in a deplo. Condition ; Fort Granville burnt by the Enemy ; Fort Shirley evacuated by his Order ; and the Country People dispirited and running into little Forts for a present security, which being a great detriment to the general Safety, an Order was given to have them immediately examined, that such as were tena- ble and placed at proper distances and in good places, might be continued and the rest to be demolished. That the people being earnest for a Militia, had made several applications to him for that purpose ; and in his Opinion nothing cou'd save the Country from inevitable Ruin, unless a fair and just Bill shou'd be immediately framed and enacted into a Law, and he had thoughts of framing one himself and sending it to the House ; and he recommended it to the Council to consider whether this wou'd not be the shortest way, and the likeliest to produce a good Act.
But the Council conceiving many difficulties that wou'd attend the Governor's draughting and offering the Bill himself to the " House, the debate took up a long time, and the further Considera- tion of it was with other matters referred to the next Council, which was ordered to be on the 18th.
The Governor then Ordered a letter he had received from Sir William Johnson to be read, which was done in these Words :
" FORT JOHNSTON, 8 September, 1756.
" Sir :
" I am honoured with your two Letters bearing date the 21 of last Month.
1
279
PROVINCIAL COUNCIL.
"I most sincerely congratulate you on your safe Arrival in your Government, and taking upon you the Administration of the same; May Health, Success, and Honour attend you. It shall be my am- bition to shew myself worthy of your favour, Confidence, and Cor- respondence, relative to that Department of his Majesty's Service which he hath been pleased to entrust to my Management. Ishall receive all Intelligence from you with Gratitude, and take care punctually to communicate to you whatever I apprehend may be consequential to your Government ; and I shall at all times receive your Sentiments and Advice upon Indian Affairs with that respect which is due to your publick Station and the Merits of your pri- vate Character.
" The present critical situation of the Province of Pennsylva- nia as well indeed all the Neighbouring Ones, call for a Spiritted conduct in their Governors, and I hope and doubt not, Sir, but you will feel yourself equal to the Trial.
" Please, Sir, to accept of my very greatfull acknowledgements for your obliging Offers in my favour, and permit me to hope the honour of your Commands, whenever it may be in my power to contribute to your satisfaction.
"I expect soon to have a Meeting here of Delegates from each of the Six Nations, when I will not forget to notify to them your succeeding Mr. Morris in the Government of Pennsylvania in the manner you mention, and I shall supply the Belts and Strings ne- cessary on the Occasion.
" I have at all times with Fidelity and pleasure, considered and promoted the real Interest of Pennsylvania in my Transactions with the Indians to the utmost of my Abilities and Judgement, and I shall continue so to do whilst the Power of doing it remains with me.
" Your Letter by Cashiowayah, the Indian, I have perused with the attention due to the Importance of it. He has not yet opened himself fully to me, so that I cannot give you a particular Answer with relation to him and his Business, by you may depend I shall Assist and Advise him in the best manner I am able for his Majes- ty's Indian Interest in general, and that of your Province in par- ticular.
"I am, Sir, Most respectively,
" Your most Obedient and most humble Servant,
"WM. JOHNSON.
" WILLIAM DENNY, Esqr., &ca."
280:
MINUTES OF THE
At a Council held at Philadelphia, Munday the 18th October, 1756.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettle,
James Hamilton,
Benjamin Shoemaker,
William Logan, Esquires.
Richard Peters,
Lynford Lardner, Š
On further Consideration, it was unanimously judged better for the Governor to leave it to the Assembly to frame a Militia Bill, than to offer one himself. -
The Governor having prepared a Draught of a Speech to the As- sembly, on the several matters which were laid before the Council at their last Meeting, the same was read and approved :
" Mr. Speaker, and Gentlemen of the Assembly :
"I am sensible this is not the usual time of the Year when you proceed upon Business, Yet the several weighty Affairs which I have to lay before you will admit of no delay, and oblige me to de- sire you wou'd take them into your immediate Consideration.
" Having received his Majesty's Commands to take the most Speedy and effectual measures to hinder all Correspondence with the Subjects of the French King, and to prevent their being sup- plied, either by Land or Sea, with Provisions or Warlike Stores ; And His Royal pleasure being further signified by Lord Loudon to lay a Prohibition on the Exportation of all manner of Provisions, I therefore earnestly recommend to you to frame a Bill for an Em- bargo, under such Penalties as will render the same effectual.
" The King also demands your Assistance in various matters re- lating to the Forces, which His Majesty has been graciously pleased to send over for the protection of his American Dominions, the par- ticulars whereof are specified in the Papers the Secretary will now lay before you, and I cannot doubt your cheerfully raising the sup- plics necessary for the Services required.
" By some late Intelligence I understand the Enemy are prepa- ring to attack this Province with a large Body of French and In- * dians; nor arc we sccure from Insult by Sea; And it may be absolutely necessary to take sudden measures for Defence, which the Sum already granted will not enable us to do, as a Considerable part of it has been employed to pay the Arrears due to the Troops and other former Charges.
" On a mature Consideration of the present State of this Coun- try, and from the many Applications for a general Defence made to me in a late Journey to the Frontiers, I find a Militia Law is abso- lutely necessary, The late Act being repcaled by his Majesty in
281
PROVINCIAL COUNCIL.
Council. The Reasons that induced his Majesty to refuse his Assent to that Act are fully set forth in the Reports of the Lords Commissioners of Trade, and a Committee of His Majesty's most Honourable Privy Council, on which the Repeal is founded; I must therefore press you in the warmest Terms with all possible dispatch to frame a just and equitable Bill not liable to. the Objections that proved fatal to the former Law.
"In consequence of a Treaty lately held at Easton with the Deputys of the Susquahannah Indians, Their Chief is now re- turning with some of our unhappy People not long since made Prisoners. As this Affair will Occasion a considerable expence, I desire you will provide for it accordingly.
" Gentlemen : let me intreat you to avoid all disputes, raise such supplies as are wanted in our present imminent Danger, and pay a ready Obedience to his Majesty Commands, which is the least Re- turn you can make for his Royal Protection & ye great expence the Mother Country is for ye Preservation of these Colonies.
" An Express arrived from Major Burd, with Letters giving an Account of our Old Friend Ogaghradarishah's coming a second Time to Fort Augusta, on purpose to tell several things of consequence which he heard at Diahogo. This honest Indian's In- telligence, with the Examination of two English Prisoners who had escaped to that Fort, were read and ordered to be entered.
" Intelligence of Ogaghradarishah given at Shamokin, 11th Oc- tober, 1756.
" He says that ten days ago, being at Diahogo, two Delaware Indians came there from the Ohio, who informed him that the English had lately destroy'd the Kittanning Town and killed some of their People, but avoided mentioning to him the Number, and that the Ohio Indians and several other Tribes to the Number of one thousand were collected at Fort Duquesne, and that the French were preparing themselves to march in a very short time with them, on a Design to lay Seige to this Fort (Augusta).
"Ogaghradarishia, upon receiving this Intelligence, immediately got himself ready to come here to give us Notice of it, that we might take measures accordingly and put ourselves in the best pos- ture of Defence, for which reason he made the greatest Dispatch in his power in coming down.
" He then produced a String of Wampum, and said, That he was directed by the Indians of his Village in the Six Nation Country to give their hearty thanks to Colonel Clapham for the kind and friendly Messages he had sent them, and to deliver him that String to testify their gratefull Acknowledgements and Affectionate Re- ceipt of his Message.
" He then produced another String of Wampum, and delivered the thanks of his Nation to his Honour the Governor, in return for
282
MINUTES OF THE
the kind Treatment he had received from him in Philadelphia last Summer, and the Message of Friendship He sent them; and he. presented the String in Confirmation of their Thanks.
" He further observed that his Nation had done no Injury either to the French or English, but had remained Neuter, while other Nations were at War with them, and that they would continue so till any Enemy should strike them, which, however, they would not resent before they received a second Blow, and then they were de- termined to revenge the same.
" He then presented another String, which he brought from Shayetowah (John Shickalamy's Brother), who desired him to give it to Mr. Weiser, and to acquaint him that he (Shayetowah) had quite lost himself being between two Fires (meaning that War was carrying on each side of him, and he did not know what part to act), and that he had a great Inclination to see his Friend Mr. Weiser, and intended if he lived to pay him a Visit this Fall.
" Ogaghradarisha further added that his Nation had not time to return a particular answer to the Messages from the Governor of Pennsylvania and Colonel Clapham, as they were just setting out to go to Sir William Johnson, but that on their return to their own Country they would make their Answer.
" After this he informed us that two days ago, as he was coming down the River, he saw a great Number of Delaware Indians and conversed with one of their Chiefs, who told him that he had pro- mised to meet the Governor of Pennsylvania at Bethleham, and to take with him all the Delaware tribe on Susquahannah, and that they were going on that design. But that another of the Chiefs gave him a piece of Tobacco covered over with Vermillion and de- sired him to Smoak it, which he with Scorn refused to do, and re- turned it to him, telling him at the same time that the English were his best Friends, and he never wou'd consent to shed the least drop of their blood. This piece of Conduct in the Delaware Chief, as well as some other Circumstances, convinced him of their ill Inten- tions; and he says that he is well assured that all their proposals about Terms of Peace are a grand Deceit, and that their Schemes were contrived only to amuse and flatter the Government of Penn- sylvania, with hopes of living in greater Security, and by that Stratagem to gain such an Advantage as to enable them to give the English a more severe Blow than ever."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.