Colonial records of Pennsylvania, Vol. VII, Part 40

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814


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" I am, Sir, your humble Servant, "WILLIAM DENNY.


"To GEORGE CROGHAN, Esquire."


After the Delivery of this Letter, the Governor received a verbal Message by Two Members from the Assembly, acquainting him that the Provincial Commissioners had laid before them his Honour's Letter relating to the furnishing Mr. Croghan with Cash for Mes- sengers, and the House finding no Money in the Hands of the Com- missioners, was willing to contribute to this Expence ; but first de- sired to know what Authority Mr. Croghan was vested with, and what was proposed to be done. The Governor gave the Two Mem- bers a Copy of Sir William Johnson's Instructions to Mr. Croghan, and Mr. Croghan's Letter.


The Governor likewise informed the Council, that on the 6th of January he received a verbal Message from the Assembly, that the House having considered the Letter to his Honour from George Croghan, Esq", Deputy Agent for Indian Affairs for the Northern District, have resolved to provide for the Expence of his sending Messengers to Diahogo, to hasten Teedyuscung and the other Indians down to the Conference which they, at their last Meeting with the Governor at Easton, did promise to hold in the Spring, for the settlement of their Disputes with this Province.


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. And that his Honour having received this Message, wrote to Mr. Croghan on the 8th Instant, as follows :


" PHILADELPHIA, 8th January, 1757.


"Sir:


"The Assembly have acquainted me that they have resolved to provide for the Expence of sending Messengers to Diahogo; You may therefore proceed on this Business when and in what manner you shall think most conducive to his Majesty's Service, letting me know what you do therein.


" Please to wait on the Speaker, who will be so good as to ad- vance what shall be wanted at present, for which you will be ac- countable. According to your Desire, I have signed blank Passports for the Messengers whom you shall employ. They shou'd be fur- nished with little Flags, according to a Pattern left with Mr. Flee- son, the Upholsterer. I heartily wish you Success in your Nego- tiations.


"I am, Sir, Your most humble Servant, " WILLIAM DENNY.


"To GEORGE CROGHAN, Esq".


The Governor having wrote a Letter to the Governor of Jersey, inclosing the Indian Minutes of the Conferences at Easton, he was favoured with Mr. Belcher's Answer which was read, and is as follows :


" Sir :


"Your Honour's Favour of the 16 of December last, came to my Hands (by the Post) 29 of the same Month, inclosing Minutes of a Conference you held in November last, with the Delaware and other Indians at Easton, in Philadelphia. Your Honour's Letter and the Conference I have read over with Attention, whereby I find you had concluded a Peace between the Province under your Gov- ernment and those Indians, but am sorry to find nothing done con- clusively as to the Claim of Lands the Indians make in your Pro- vince, and but a partial restoring of what English Captives they have taken. If the Indians are honest and sincere, I think, as a Confirmation of it, they must without delay, fully and finally settle these Two Points, and in this Matter I think Sir William Johnson ought to be applied to, that the Six Nations use their Influence and Authority with their Nephews, and those things to be come into in the most amicable Way and Manner.


" I observe that New Jersey is mentioned several Times in the Conference, and particularly as to the Indians living in this Pro- vince, that they may have Liberty to go and visit their Relations and Friends in the Indian Country in your Province, and to do it using the Road opened through Pennsylvania to Diahogo.


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"I am very glad your Honour has had such good Success in your Endeavours towards a final Peace ; and to the bringing it about and the Establishment thereof, I shall cheerfully contribute all in my Power.


"Matters relating to the Indians in this Province, and elsewhere, have been all along conducted and transacted by the whole Legisla- ture of the Province, and I shall' lay your Letter and the Confer- ence before the General Assembly at their next Meeting, and then pursue such Steps as shall be agreed on in the Particulars you have mentioned, when I doubt not but they will fall into such Measures for satisfying the Indians as can in Reason and Justice be desired ; and this is all the Answer I can give at present ; But I don't expect to meet the Assembly till Lord Loudoun's Return from Boston.


"I salute you with the Compliments of the Season, and am,


" Sir, your Honour's most obedient and most humble Servant,


"J. BELCHER.


" Eliza Town (N. J.), Janua- 4, 1759.


"L. Gov". DENNY."


A Letter from the Lords of Trade of the 9th of October last, re- lating to an Embargo, was read, considered, and ordered to be entered, and a Message thereon sent to the Assembly, with a Letter to the Collector, ordering him to take Care that all things enjoined by their Lordships should be punctually complied with :


A Letter from the Lords of Trade to Governor Denny. "WHITEHALL, Octo". 9th, 1756.


" Sir :


"It having been represented to His Majesty that the several Islands and Colonies belonging to the French in America have, in Times of War, been frequently supplied with Provisions of various kinds by means of the Trade carried on from His Majesty's Islands and Colo- nies to the Colonies and Settlements belonging to the Dutch, and other neutral Powers; It is His Majesty's Pleasure that you do forthwith, upon the Receit of this Order, give immediate Directions that an Embargo be laid, during His Majesty's Pleasure, upon all Ships and Vessels clearing out with Provisions from any Port or Place within your Government, except those which shall be em- ployed in carrying Provisions to any other of His Majesty's Colonies and Plantations, which Ships or Vessels are to be allowed to sail from time to time, provided that the Masters or Owners do, before they are permitted to take away any Provisions on board, enter into Bonds (with Two Suretys of known Residence there and Ability to answer the Penalty) with the Chief Officers of the Customs of the Ports or Places from whence such Ships or Vessels shall set S.til, to the Value of One Thousand Pounds if the Ship be of less Bar-


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then than One Hundred Tons, and of the Sum of Two Thousand Pounds if above that Burthen; that the Cargoes of such Ships or Vessels, the particulars of which are to be expressed in the Bonds, shall not be landed in any other Ports or Places than such as belong to His Majesty, or are in Possession of His Subjects, and that they will, within Twelve Months after the Date thereof, the Danger of the Seas excepted, produce Certificates under the Hands and Seals of the Principal Officers of the Customs at such Port or Places for which such Ships or Vessels cleared out, that the said Cargoes, ex- pressing the Particulars thereof, have actually been landed there ; and when there shall be cause to suspect that such Certificates are false and counterfeit, you shall take especial Care that such Security be not cancelled or vacated until you shall have been informed from the said principal Officers of the Customs that the Matter and Con- tents thereof are just and true; and in case the Masters or Owners of such Ships or Vessels shall not produce the said Certificates within the Time limited, you are to attest the Copies of such Bonds under your Hand and Seal, and to cause Prosecution thereof; and you are also to give Directions that no Person be admitted to be Security for another who has Bonds standing out undischarged, unless he be esteemed responsible for more than the Value of such Bonds.


"And in order the more fully to answer His Majesty's Intention of distressing the Enemy, and render his Orders herein the more effectual, you are to take care in case the Masters or Owners of any Ships or Vessels, having cleared out from the Colony under your Government laden with Provisions for any of His Majesty's, other Colonies or Islands, shall be detected, in causing collusive Captures to be made of the Cargoes, that the severest Penalties be inflicted upon the Offenders, which the Laws will, in such case, allow of. .


" We are, Sir,


" Your most obedient humble Serv's.,


" DUNK HALLIFAX,


" RICHARD BIGBY,


" SOAME SCHNYPS,


" JAMES OSWALD,


"W. C. HAMILTON.


" WILLIAM DENNY, Esq". Deputy Gov" of Pennsylvania."


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A Message from the Governor to the Assembly.


" Gentlemen :


" In Obedience to His Majesty's Commands, I recommended to you, on the Nineteenth of October last, to prepare a Bill for an


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Embargo on Vessels carrying Provisions under such Penalties as might render the same effectual. I have lately received a Letter from the Right Honourable the Lords Commissioners for Trade and Plantations, communicating His Majesty's further Orders to. me, ' that an Embargo be laid, during the King's Pleasure, upon all Ships and Vessels clearing out with Provisions from any Port or Place within this Government, except those which should be employed in carrying Provisions to any other of His Majesty's Colonies,' &c". This Letter I now lay before you, and once more desire an Affair of this Importance may be no longer delayed. In the mean Time the Collector is ordered to take care that His Majesty's Commands are punctually obeyed.


"WILLIAM DENNY. "January 13, 1757."


A Letter from the Governor to Abraham Taylor, Esquire. " PHILADELPHIA, 13th January, 1757.


" Sir :


" Inclosed is a Copy of a Letter from the Right Honourable the Lords Commissioners for Trade and Plantations, signifying His Majesty's Commands that an Embargo be laid on all Vessels . clearing out of this Port with Provisions, except such as shall be employed in carrying them to some other of His Majesty's Colo- nies and Plantations, &cª., in which case certain Bonds are to be entered into, as therein particularly mentioned. This Letter I have laid before the Assembly that the Embargo may be enforced by Law, and in the mean time, you will take care that such Bonds be executed, and every thing enjoined in the said Letter punctually observed before any such Vessels are cleared.


" I am, Sir, Your very humble Servant, "WILLIAM DENNY."


Letters of the same Import were sent from the Governor to the Collectors of Newcastle and Lewes.


The Council returned the consideration of the Case of Charles Jegler, alias Seigler, under Sentence of Death, for the Murder of his Servant Maid, Rosina Holdersinger, by Poison, and the Attor- ney General minutely repeated, as he had done several times before, all the Evidence given before and at the Tryal; and none of the Judges having recommended the unhappy Criminal as a proper object of Mercy, nor anything appeared to the Governor and Coun- cil to induce them to extend Mercy, a warrant was ordered to be prepared for his Execution, on the Twenty-Sixth Instant ; (which


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was done in the following Words), of which the Secretary was to give the Sheriff and Criminal Notice :


" GEORGE the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth,


" To the Sheriff of the City of Philadelphia, in our Province, of Pennsylvania, Greeting :


" Whereas, At Our Court of Oyer and Terminer, and General Gaol Delivery, held at Philadelphia, for the City and County of Philadelphia aforesaid, the Twenty-Fourth and Twenty-Ffth days of September, and the Eighth day of October, in the Thirtieth Year of Our Reign, before William Allen, Lawrence Growdon and Caleb Cowpland, Esquires, our Justices, &cª., Charles Jegler of the said County of Philadelphia, Apothecary, was indicted, arraigned, tried, and convicted of the Murder of Rosina Holdersinger, in of Philadelphia County aforesaid, Spinster, and for the said Murder, the said Charles Jegler, did at our Court, receive sentence of Our said Court, that he should be led to the prison from whence he came, from thence to the place of Execution, and there be hang- ed by the neck until he be dead, as in and by the Records of our said Court (relation being thereunto had), more fully appears; Of which Sentence, Execution yet remaineth to be done. These are, therefore, to require and Command you to see and cause the said Sentence to be executed upon the said Charles Jegler, at the usual place within the city of Philadelphia, on Wednesday, being the Twenty-Sixth Day of this Instant, January, between the Hours of Ten in the Forenoon, and Two in the Afternoon of the same Day, with full Effect, as you will answer the Neglect hereof at your Peril; And we command all our Officers, and Others our Subjects within our said Province, to be aiding and assisting to you in this Service.


" In Testimony whereof, We have caused the Lesser Seal of Our said Province to be hereunto affixed ; Witness, WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of Our said Province of Pennsylvania, and the Counties of Newcastle, Kent, and Sussex, on Delaware, at Philadelphia, the Thirteenth Day of January, in the Year of our Lord One Thousand Seven Hundred and Fifty-Seven, in the Thirtieth Year of Our Reign.


" WILLIAM DENNY.


" By His Honour's Command, " RICHARD PETERS, Sec'y."


The Time limited by the Governor's Proclamation for a Suspen- sion of Hostilities against the Delaware Indians on the East Side of the River Sasquehannah being nearly expired, it was unanimously


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agreed that a further Suspension of Hostilities should be published by Proclamation, to continue for Fifty Days, viz* :


" By the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in- Chief of the Province of Penn- sylvania, and Counties of Newcastle, Kent, and Sussex, on Dela- ware,


"A PROCLAMATION.


" Whereas, the Measures now taking, as well by Sir William Johnson, in Conjunction with our Friends and Allies the Six Na- tions, as by this Government, to bring about an Accommodation with the Sasquehannah Indians, are not yet brought to a Conclu- sion, and the Time limited in my Proclamation of the Tenth of September last past for a Cessation of Arms being expired, I have, by and with the Advice of the Council, judged it proper to continue a Suspension of Hostilities on the East Side of the River Sasque- hannah for the Space of Fifty Days from the Date hereof : Provided, nevertheless, that this, my Proclamation for a further Suspension of Hostilities, shall not extend, or be construed to extend, to hinder, prevent, or restrain any Officers or Soldiers, whether in Garrison or not, or any of the Inhabitants within this Province, from defending themselves, or attacking, annoying, killing, or scalping any Enemy Indians who shall be found committing any Acts of Hostility against any of the Forts or upon any of His Majesty's Subjects within this Province.


" Given under my Hand and the Great Seal of the said Province at Philadelphia, the Thirteenth Day of January, in the Year of our Lord One Thousand Seven Hundred and Fifty-Seven, and in the Thirtieth Year of His Majesty's Reign.


" WILLIAM DENNY.


" By His Honour's Command, .


" RICHARD PETERS, Secretary.


" GOD SAVE THE KING."


Then was read Three Bills that had been presented to the Gov- ernor for his Concurrence, viz" : A Bill for binding out and settle- ing such of the Inhabitants of Nova Scotia imported into this Province as are under Age, and for maintaining the aged, sick, and mained at the Charge of this Province. Likewise a Bill Entituled " An Act for regulating the Officers and Soldiers commissionated and raised by the Governor for the Defence of this Province ;" for repealing the Act of General Assembly passed in the present Reign for the same Purposes. Likewise a Bill Entituled " A Supplement to the Act Entituled " An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, and for raising of Money on the Inhabi- tants and Estates of the said City for defraying the necessary Ex-


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pences thereof;" which Three Bills were referred to the Attorney General, who is to consider them and report thereon to-morrow morning.


The Members of Assembly when they presented the Bill for regulating the Officers, &ca., delivered a verbal Message to the Gov- ernor that he might amend the Bill as to the Number of which the Court Martial should consist, and make it a less Number than Thir- teen, and the House will agree to it.


The Examinations taken at the Hearing on the Petitions against Justice Bonsell were considered, and the Council unanimously were of Opinion that tho' there appeared a great deal of Malice in the Prosecutions against the Justice, Yet his Conduct was in many re- spects blameable, and such as rendered him unfit to be continued in the Magistracy, and advised the Governor to leave him out of the next general Commission of the Peace for the County of Chester.


Agreed that new Commissions of the Peace issue, beginning with the County of Lancaster. The Members were desired to con- sider on Proper Persons to recommend in the several Counties.


The Council adjourned till to-morrow morning at eleven a'Clock.


Mr. Croghan acquainted the Governor that the Friendly Associ- ation had contributed One Hundred Pounds towards the Expence of Messengers, for which he had given a Receipt in the following Words :


" PHILADELPHIA, 8 January, 1757.


" Received from Israel Pemberton, William Callender, Jeremiah Warder, and William Fisher, the Sum of One Hundred Pounds, being so much contributed by the Friendly Association for regain- ing and preserving Peace with the Indians by pacific Measures, to be employed in sending Messengers to the Ohio Indians, and ob- taining a Conference with them, in order to endeavour to settle the Differences between them and the Subjects of His Majesty in this and the adjacent Provinces. Received as Deputy Agent of Indian Affairs for the Northern District. .


"GEO. CROGHAN."


At a Council held at Philadelphia, Friday the 14th January, 1757. PRESENT :


The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.


Robert Strettell,


Lynford Lardner,


Benjamin Chew,


Richard Peters, 1 Esquires.


Thomas Cadwalader,


The Minutes of the Two preceding Councils were read and ap- proved.


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The Three Bills were again read Paragraph by Paragraph. One Amendment was made to the Bill for regulating the Officers and Soldiers, &ca., making the Number of Persons necessary to constitute a General Court Martial not less than Seven, nor more than Thir- teen.


The Bill for binding out the Children of neutral French was agreed to; a small Amendment was only made to render the Sense clear in a Part not very material.


The Supplementary Bill to the Watch Bill was agreed to without Amendmt., and the Bills were accordingly returned to the House.


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At a Council held at Philadelphia, Tuesday the 18th January, 1757.


PRESENT :


The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.


Robert Strettell, ) Richard Peters, Esquires.


John Mifflin,


The Minutes of the preceding Council were read and approved.


The House sent a Message on Friday night to the Governor, to acquaint him that if the Amendment to the Bill for regulating the Officers and Soldiers, &ca., should be agreed to, sundry other Parts of the Bill would want Amendment, and mentioned several Particu- lar Objections which the Governor judging to be reasonable, the Amendment after advising with the Field Officers in Town was withdrawn.


The Three Bills agreed to were engrossed and compared by Two Members of Council and Two Members of Assembly.


The Speaker and the whole House waited on the Governor, pre- sented the Three Bills which were enacted into Laws, the Great Seal affixed to them, and afterwards they were lodged in the Roll's Office.


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At a Council held at Philadelphia, Monday the 24th January, 1757.


PRESENT :


The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.


James Hamilton,


Lynford Lardner,


William Logan,


Richard Peters,


Thomas Cadwallader,


Benjamin Chew,


John Mifflin,


7 1 Esquires.


The Minutes of the preceding Council were read and approved.


A Letter, of the 22d Instant, from Mr. William Griffitts was read, wherein he represents that some of the Neutral French must perish if something be not immediately done. The Council are of Opinion that the Governor, since the late Law has passed requiring the Overseers of the Poor to take care and maintain these Neu- trals, cannot concern himself in this Matter, or give any Directions therein ; but Mr. Griffitts is referred to the Overseers, and, if not redressed, Application should be made to the Assembly by Mr. Griffitts and the Neutrals or Overseers.


The following Petition was read and ordered to be entered :


" To WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, &ca.,


" The Petition of divers Merchants of the City of Philadelphia, whose Names are hereunto Subscribed, shews :


" That your Petitioners have Sundry large Accounts depending unsettled in the Island of Curacoa, and Effects to a very consider- able Value remaining there, which cannot be settled or recovered without some of your Petitioners going personally to sollicit and attend the adjusting and negotiating the said Affairs on behalf of and with proper Proofs and Powers from the rest; And as the Loss of these Effects will very much affect and be a great Detri- ment to your Petitioners & their Families,


"They, therefore, most earnestly entreat that the Governor will be pleased to permit them to send a small Vessel, with a Loading of Provisions, to the said Island (being the only Cargo that will an- swer there), in order to defray the Expence of the Voyage and Negotiation of their said Affairs there, and to bring back their said Effects from thence ; and the Petitioners will not only enter · into any Obligation that the Governor shall require for the faithful Delivery of the said Cargo of Provisions at Curacoa, and to bring back a proper Certificate thereof, but will also depose, upon their


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respective Qualifications, to the Truth of the Premises, and that they intend no Fraud, illicit Trade, or Collusion therein.


"JAMES BENESET,


"ABEL JAMES, "ASHET MOTT, "THOS. RICHE, "WM. GRIFFITTS, "CHAS. EDGAR,


"DANL RUNDLE, "JOS. MORRIS."


Which was considered and unanimously rejected, as contrary to the King's Comands signified by his Secretaries of State, Lord Loudoun, and the Lords of Trade.


A Letter from William Callender and Israel Pemberton, of the 21st Instant, to Mr. Peters, desiring that they may have an Oppor- tunity of searching the Minutes of the Governor and Council, to satisfy themselves and their Friends, by whom they are deputed, of the true State of the Indian Claims on the Lands in this Province, was read, considered, and ordered to be entered. Mr. Hamilton, the Attorney General, and Mr. Mifflin received Instructions to draw up the Secretary's Answer, and were desired to lay it before the Board to-morrow.


A Letter to Mr. Peters from William Callender and Israel Pem- berton. " PHILADA., 21st 1 mo., 1757.


" Friend Peters :


" Pursuant to thy Proposal, we now repeat in writing what we yesterday desired, which is, that we may have the Opportunity of searching the Minutes of the Governor & Council, to satisfy our- selves and our Friend, by whom we are deputed, of the true State of the Indian Claims on the Lands in this Province.


" Our engaging in this Enquiry, is with a View of promoting an amicable Settlement of these Matters, which we are desirous may be done in a Manner conducive of the Interest of the Proprietaries, as well as of ourselves and Fellow-Subjects, in order to which we have raised a Considerable Fund, which we shall chearfully contribute towards this Purpose, if we are not prevented by those whose Duty and Interest should engage them to promote this Design.


" An apprehension of the Difficulties which may probably arise between the Proprietaries and the Representatives of the People, in the adjusting of the Quotas of the Expences which will attend a final Adjustment with the Indians, hath induced us to be prepared to contribute thereto, in order speedily to regain their Friendship and that good Understanding which hath unhappily been inter- rupted, and as we find by the express Terms of our original Deeds,


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the Proprietaries are obliged to clear the Lands from all Tittles, Claims, or Demands of the Natives, we apprehend we have a Right to be satisfied whether and how this hath been done, And if we can at the next Treaty inform the Indians, that agreeable to their Desire at the last, we have had full Opportunity of searching into the Grounds of their Claims, and that we find them under Misap- prehensions therein (which we have Reason to believe is the case in some particulars), we are in hopes of being instrumental to engage them the more readily to comply with such Measures as may then be proposed for an amicable Settlement of all Differences between them and this Government, which is what we sincerely desire. We are Thy Friends,




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