USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 41
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"WM. CALLENDER, "ISR. PEMBERTON.
"To RICHARD PETERS, Esquire, Secretary of the Province of Pensilvania."
A Letter from Colonel Armstrong of the 3d Instant, with a Deposition of George McSwaine, taken at Fort Loudoun, the 27th December last, were read, and the Deposition was ordered to be en- tered as follows :
" CUMBERLAND, SS :
" The Deposition of George Mc Swaine, taken at Fort Loudoun, this Twenty-Seventh Day of December, 1756, vizt. :
" That on Thursday the 23d Instant, he, the said Deponent with Thomas Blair and James McCay in Company, being at Bays Town, saw Sixteen Fire Places together, just at. James Dunning, Sen''s. House, and that he, the said Deponent counted Thirty-Two Forks at one of the above Fire Places, and he supposes that there was a Man for each Fork, as is the Custom of the Indians ; And he, the said McSwaine, counted five other Fire' Places, which seemed to be, each of them as large as the first; the other ten seemed but small, and covered with the Clapboards of the House, from which he suspects that they were French, which occupied those Ten Fires ; the Tracks of their Feet were blinded with the Snow which fell on Wednesday night, by which this Deponent was prevented of making so full an Estimate of the Time they, the In- dians, had been there, as he could otherwise have done. The said McSwaine likewise saw Cow Dung, both at Sideling Hill and the first Crossing of Juniata, which had been lately made by Cattle driven that Way. And further saith not.
" GEORGE MCSWAINE.
" Before me, "WILL. MAXWELL."
On Saturday afternoon a Bill was presented to the Governor by Two Members for his Concurrence, Entituled, " An Act for grant-
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ing to His Majesty the Sum of One Hundred Thousand Pounds, for the Defence of this Colony and the Trade thereof, by a Tax on all the Estates, Real and Personal, and Taxables within this Pro- vince, which was read, in part considered, and referred to Mr. Hamilton, Mr. Chew, Mr. Peters, and Mr. Mifflin, to compare the Laws referred to in it, and likewise to consider in what Parts it may be proper to be amended ; and the Committee is desired to make their Report to-morrow morning, to which Time the Council is adjourned ; and for their better Government, the Proprietary In- structions, relating to the raising of Money laid before the Assem- bly, are delivered to the Committee, that the Amendments may be made agreeable thereto.
At a Council held at the Governor's, Tuesday, 25th January, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
James Hamilton, William Logan, Richard Peters, Esquires. John Mifflin,
Benjamin Chew,
The Minutes of the preceding Council were read and approved.
ยท Mr. Hamilton, Mr. Chew, and Mr. Mifflin, the Committee ap- pointed to compare the Bill for granting to his Majesty the Sum of One Hundred Thousand Pounds, &ca., with the Proprietary In- struction, and amend it agreeable thereto, and likewise to make such other Amendments as had been recommended to them by the Coun- cil yesterday, reported that they found the said Bill repugnant to the Twenty-first Proprietary Instruction relating to Land Tax Bills, in so many Parts that it could not be amended upon that Plan without making it almost a new Bill, and, therefore, had declined to do it, and proposed a Message should be sent to the Assembly, to acquaint them that it varied in so many Parts from the Proprietary Instruction that the Governor could not give his Assent to it with- out forfeiting his Honour, and offered a Draught of such a Message, which was read, and some Alterations and additions made, and then unanimously agreed to in these Words, and ordered to be sent to the House :
A Message from the Governor to the Assembly.
" Gentlemen :
" Soon after my Arrival to this Government, I received a Mes- sage from the Assembly 'requesting me to lay before them full Copies of such Proprietary Instructions as related to the passing of
,
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Money Bills, that the Delays which had been occasioned by the not communicating such Instructions to them till much Time had been spent in forming bills inconsistent with such Instructions, might thereby for the future be avoided.' I immediately furnished them with a copy of all the Instructions given me on that Head, which, I presume, are entered on the Minutes of your House ; and in a subsequent Message informed them I could not break through such Instructions without risking both my Honour and Fortune. In considering the Bill now before me, for granting to his Majesty the Sum of One Hundred Thousand Pounds, by a Tax on all the Estates real and personal, and Taxables within this Province, I am sorry to find it is in many Parts so repugnant to these Instructions, that I am under a Necessity of refusing my Assent to it. The Proprie- taries are willing their Estates should be taxed in a Manner that appears to them to be reasonable and agreeable to the Land Tax Acts of Parliament in our Mother Country. I am not inclined to enter into any Dispute with you on the Subject, since it cannot be decided on this side the Water ; nor can I see what good End it can answer, as the Proprietaries have positively enjoined me not to pass any Bill that is against their Instruction. As His Majesty's Service, and the Defence of the Province render it necessary to raise immediate Supplies, I must earnestly recommend it to you to frame such a Bill as it is in my Power to pass consistent with my Honour and my Engagements to the Proprietaries, which I am per- suaded you will not desire me to violate. I have some amendments to propose to particular Parts of the Bill now before me, which I. shall communicate to you as soon as I know whether you determine to prepare a new Bill free from the objection I have above men- tioned.
"WILLIAM DENNY.
"January 25th, 1757."
Mr. Hamilton, Mr. Chew and Mr. Mifflin, laid before the Board a Draught of an Answer to Mr. Callender and Mr. Pemberton, which was read, agreed to, and delivered by the Secretary, and is as follows :
" PHILADELPHIA, 25 January, 1757.
" Gentlemen :
" I laid your Application with regard to the Inspection of the Council Books before his Honour the Governor, and in Answer thereto, I am commanded to acquaint you, that as those Books con- tain the most important Affairs of Government, many of which re- quire the greatest Seceresy, He cannot allow the Perusal of them to any but those concerned in the Administration. And further, that he looks upon the transacting of Business with the Indians in this Province, to be a Matter so intirely pertaining to himself, that he cannot permit any but such as are immediately empowered by
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the King's Authority, or by his own, to treat with, or intermeddle in the Affairs of that People. Nevertheless, if it be conceived that any thing is contain'd in the Minutes of Council that does or may concern the Right or Property of any Person whatsoever, such Per- son, by a proper Application, and by particularly pointing it out, may be furnished with a Copy of it.
"I am, Gentlemen, "Your humble Servant, " RICHARD PETERS.
" To Mess's. WILLIAM CALLENDER and ISREAL PEMBERTON."
The Magistrates and principal Inhabitants of the Burrough of Lancaster, having made an ample certificate in Favour of the good Character and Behaviour of John Charles Jegler during his Resi- dence among them, the same was presented by Mr. Ross, one of the Council in the Tryal of the said Jegler, who at the same time petitioned the Governor in their and his own behalf, that he would be pleased to suspend the Execution of the Sentence, which was appointed to be to-morrow. On this Petition, the Lutheran Min- ister, Mr. Handshue, who attended him, a pious and sensible Man, was sent for, and examined, as to his behaviour since his Condem- nation and Notice of Execution; and he declared that the Doctor had always asserted his Innocence, and to this hour does persist in it ; Mr. Handschue said further, that he expected no other than to die to-morrow, and was endeavouring to prepare himself. The Matter being again largely considered, the Governor was pleased to respite Execution, by the following Warrant, to be delivered to the Sheriff this Evening.
" 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 and County of Philadelphia, Greeting :
" Whereas, By our Warrant under the Lesser Seal of our Pro- vince of Pennsylvania, bearing Date of the Thirteenth Day of this Instant, January, to you directed, We did command and require you, the said Sheriff, that you should on the Twenty-Sixth Day of this Instant, January, execute a Judgment lately given against Charles Jegler, by hanging the said Charles Jegler by the neck until he should be dead ; We do hereby command you, that from the execution of the said Charles Jegler, by vertue of the said War- rant, you abstain until our pleasure may be known therein. In Testimony whereof, we have caused the Lesser Seal of our said Pro- vince to be hereunto affixed. Witness, WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, at Philadelphia, this Twenty-Fifth Day of January,
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in the Thirtieth year of our Reign, and in the Year of Our Lord, One Thousand Seven Hundred and Fifty-Seven.
"WILLIAM DENNY.
" By His Honour's Command, "' RICHARD PETERS, Secretary."
A Petition, presented by Philip Bader, the Person who was taken up going to Fort Duquesne, was read in these Words :
" To the Honourable WILLIAM DENNY, Lieutenant Governor of the Province of Pennsylvania, Newcastle, Kent, and Sussex, upon Delaware, &ca.,
" The Petition of Philip Bader, Most humbly sheweth :
" That your unfortunate Petitioner has been confined one Week in Mettol's Fort, one Week in Lyttleton, three Weeks in Carlisle, and five weeks in this common Gaol and upwards. Your Petitioner is an Inhabitant of this Province of Fourteen Years, and settled six Years ago Canacoshick, and by the destroying of the back In- habitants from the Indians in Canacoshick, my Wife and two Children were taken Prisoners by the French Indians, and I did not for a long Time hear what became of them. Some time after a Spy was taken Prisoner; of him I heard where my Wife and Children were. I then resolved, by the Advice of one Frederick Crafft, to try to get my Wife and Children back again, and in travelling I was taken Prisoner as a Spy, and sent from one Gaol to another as is above mentioned, between Christmas and the New Year. I was brought before Mr. Allen, and he told me that I was clear from your Honour, but I should give Security that I would not go again, or else serve the King; for that I was not fit, having lost one of my Eyes already, which brings a Pain to the other, so that I cannot see sometimes; Wherefore I beg your Honour will take my circumstances into your wise Consideration, and relieve me from this Confinement. I am a Stranger in this County, and have no real or personal Estate, and am near perishing by Hunger and Cold; And your Petitioner as in Duty bound will ever pray.
" PHILIP BADER.
" Philadelphia, 24 January, 1757."
The Secretary was ordered to shew it to the Chief Justice for his Opinion and Advice.
Mr. Nicholas Scull, Surveyor General, came into Council, and acquainted the Governor that in September, 1737, he was present at running the Line of the Indian Purchase of the Lands in the Forks of Delaware, with respect to which the Proprietaries were, as he has been informed, publickly charged with defrauding the Indians; That he had put down in writing what he remembered about it, and requested he might be examined thereto, which being done, he
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signed the Paper, and affirmed to the Truth thereof before the Governor in Council, and his Affirmation was ordered to be entered as follows :
"Nicholas Scull of the City of Philadelphia, Surveyor, on his Solemn Affirmation according to Law saith, that he was present when Jeames Yeates and Edward Marshal, together with some Indians, walked one Day and an half back in the Woods, pur- suant to a Grant of Land made by the Delaware Indians to the Honourable, the late Proprietary, William Penn, dec'd; that the said Day and an half's walk was begun at a Place near Wrightstown in the County of Bucks sometime in September, 1737, and continued from the Place aforesaid to some Distance beyond the Kittatinny Mountains; that he believes the whole Distance walked not to be more than Fifty-Five Statue Miles ; that Benjamin Eastburn, Sur- veyor General, Timothy Smith, Sheriff of the said County of Bucks, and he, this Affirmant, attended at the said Day and an half's Walk, from the Beginning until the same was ended; that he well remembers that particular Care was taken not to exceed the Time of One Day and an half, or eighteen Hours ; that he, this Affirmant, then thought and still thinks the said Walk to be fairly performed, and believes that the said Walkers did not run or go out of a Walk at any Time, nor does he remember that those In- dians who were present made any complaint of unfair Practice ; that Benjamin Eastburn and this Affirmant, with some others, lodged the night after the said walk was compleated at an Indian Town called Poakopohkunk, where there were many of the Dela- wares, among whom he well remembers there was one called Cap- tain Harrison, a noted Man among the Indians ; and this Affirmant further saith, that he does not remember that the said Captain Harrison, or any other of the Indians, made any Complaint, or shewed the least Uneasiness at any thing that was done relating to the said Day and an half's Walk ; and he verily believes, that if any Complaint had been made or Uneasiness shewn by the Indians concerning the said Walk, he must have heard and remembered it.
" NICHS. SCULL.
" Affirmed in Council, 25th January, 1757. " WILLIAM DENNY."
A Bill Entituled "an Act to render the Burthen of Quartering Soldiers more equal on the Publick Houses of this Province" was presented last night to the Governor by Two Members for his Con- currence ; but Time not admitting the reading of it Mr. Chew was desired to take it with him, peruse it, and report his Opinion of it at the next Council.
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At a Council held at Philadelphia, Friday the 28th January, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Robert Strettle, James Hamilton,
Benjamin Shoemaker,
Richard Peters,
Esquires.
Lynford Lardner,
John Mifflin,
Benjamin Chew,
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
A Message was delivered yesterday to the Governor from the House by Two Members, acquainting him that the House had pre- pared a Remonstrance to his Message refusing his Assent to the Land Tax Bill, and desired to know at what Time and Place he would be pleased they should wait on him in order to present it, with the Supply Bill. The Governor appointed them to wait on him in the Council Chamber at Twelve o'Clock to-morrow. The
Members gave the Governor a Copy of the proposed Remonstrance, which was read, and then the Governor desired the Council to give him their Advice, whether he might pass the Bill or not. Mr. Shoemaker not being in Council when the Bill was read, said he could give no Opinion. All the other Members were of Opinion that the Governor could not give his Assent to the Bill without a Breach of his Instructions.
The Governor's Answer was considered and settled ; and then the Council waited on his Honour to the Council Chamber, where the Speaker and the House attended, and made their Remonstrance, presenting the Bill at the same Time; to which the Governor made the following Answer :
" To the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor of the Province of Pennsylvania, &ca.,
" The Remonstrance of the General Assembly of the said Province, in Answer to the Governor's Message of Tuesday last, containing his Refusal of the Supply Bill, because not drawn conformable to the Proprietary Instructions :
" May it please your Honour :
"The Representatives of the Freemen of Pennsylvania in Gen- eral Assembly met, do hereby humbly remonstrate to your Honour :
" That the Proprietaries professed Willingness to be taxed, men- tioned by your Honour in your Message of Tuesday last, can be intended only to amuse and deceive their Superiors ; since they have in their Instructions excepted all their Quit Rents, located unim- proved Lands, Purchase Money at Interest, and in short, so much VOL. VII .- 26.
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of their vast Estate as to reduce their Tax, as far as appears to us, below that of a common Farmer or Tradesman.
"That though the Proprietaries' Instructions are by no means Laws in this Province, we have so far complied with them, as to confine the Sum given to be raised in one Year. And had we com- plied with them in the other Particulars, the Raising any Thing near the Sum required by the present Exigencies of the Province, would be absolutely impossible.
" That the apparent Necessity of So large a Sum for His Majes- ty's Service, and the Defence of this His Province, founded upon the Governor's own Estimate, has obliged us to an Effort beyond our Strength, being assured that Hundreds of Families must be distressed to pay this Tax.
" That we have, in the due Exercise of our just Rights by the Royal and Provincial Charters, and the Laws of this Province, and as an English Representative Body, framed this Bill consistent with those Rights.
" That the Bill is agreeable to Justice and Equity with regard to the Proprietaries, and is not repugnant to the Laws of our Mother Country, but as nearly agreeable thereto as our different Circum- stances will permit; nor is it contrary to any Royal Instruction whatever.
"That great as the Sum is, and hard for this People to pay, we freely offer it to our Gracious King for his Service and the Defence of this His Colony from His Majesty's Enemies.
"That the Proprietaries refusing to permit us to grant Money to the Crown in this Time of War and imminent Danger to the Pro- vince, unless we will consent thus to exempt their Estates from the Tax, we conceive to be injurious to the Interests of the Crown, and tyrannical with regard to the People.
" That we do farther humbly conceive, neither the Proprietaries nor any other Power on Earth ought to interfere between us and our Sovereign, either to modify or refuse our Free Gifts and Grants for His Majesty's Service.
"That though the Governor may be under Obligations to the Proprietaries, we conceive he is under greater to the Crown, and to the People he is appointed to govern ; to promote the Service of the former, preserve the Rights of the latter, and protect them from their cruel Enemies.
" We do, therefore, in the name of our most gracious Sovereign, and in behalf of the distressed People we represent, unanimously demand it of the Governor as our Right, that he give his Assent to the Bill we now present him for granting to His Majesty One Hun- dred Thousand Pounds for the Defence of this Province (and as it is a Money Bill without Alteration or Amendment, any Instruc- tions whatever from the Proprietaries notwithstanding), as he will
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answer to the Crown for all the Consequences of his Refusal at his Peril.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker. " January 28, 1757."
The Governor's Answer to the foregoing Remonstrance, as follows:
" Mr. Speaker, and Gentlemen of the Assembly :
" The same Reasons which induced me to refuse my Assent to this Bill when it was presented before, still weigh with me and de- termine me now again to reject it.
"I shall, however, keep the Bill till I have taken a Copy of it, in order to lay it before His Majesty with my Reasons for not pass- ing it, and then return it.
"If the House desire an Exemplification of the Bill under the Great Seal, they may have it upon Application.
"The other Parts of your Remonstrance I shall take Time to consider of.
"WILLIAM DENNY.
"January 28, 1757."
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At a Council held at Philadelphia, Monday the 31st January, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell, Benjamin Shoemaker,
Richard Peters, John Mifflin,
Benjamin Chew, Thomas Cadwalader.
The Minutes of the preceding Council were read and approved.
The following Letter from Mr. Croghan was read and ordered to be entered.
" HARRIS' FERRY, January 25th, 1757.
" Sir :
"I have dispatched Two of the Connestogos to Ohio, with Mes- sages to the Six Nations, Delawares and Shawonese there. The Messengers I sent to Diahogo are not yet returned, but as this River
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is now open I suppose they will soon be down; as soon as they ar- rive I will give your Honour Notice. I am
"Your Honour's most obedient and most humble Servant,
" GEO. CROGHAN.
"To Governor DENNY."
The Governor having fixed this Hour for the receiving an Address from some Quakers, by Order and on Behalf of the Meeting of Sufferings, appointed by the Yearly Meeting of Friends for Penn- sylvania and New Jersey, Copy of which was previously delivered to him, the Council considered of a proper Answer, and as soon as the Address was read the Governor gave them the Answer agreed upon, both which are as follow :
" To WILLIAM DENNY, Esgr., Lieutenant Governor of the Province of Pennsylvania and the Three Lower Counties of Newcastle, Kent, and Sussex, on Delaware.
" The Address of the People called Quakers on behalf of their Brethren inhabiting in the said Lower Counties, Humbly Sheweth :
"That the first English Settlers of the said Province and Coun- ties were honest, industrious, and many of them wealthy Persons, chiefly of the religious Society of People called Quakers, who from the Encouragement given them by the Royal Charter of King Charles the Second, and the Grant of his Brother James, Duke of York, to our first worthy Proprietary, William Penn, and the Hopes of en- joying and perpetuating the Franchises and Immunities granted by the Laws agreed upon in England and by the Proprietary Charters, removed themselves and their Families hither without any Charge to the Crown, and by the great Favour and Blessing of Divine Providence on their Endeavours, made a considerable Addition to the English Empire.
"That the religious Principles were well known, that they con- cientiously scrupled to comply with some Things which other Pro- fessors of Christianity think allowable, and particularly with bear- ing Arms or being concerned in military Preparations.
"That the free Enjoyment of Liberty of Conscience was in the most expressive and solemn Manner promised and granted by the said Laws and Charters, and declared to be an unalterable Part of the Original Constitution of the Government.
" That this Liberty was not only intended to secure the free Ex- ercise of their Religious Perswasion in the Publick Worship of God, but likewise to exempt them ' from being compelled to do or suffer any other Act or Thing contrary to their Religious Perswa- sion,' and that any Act contrary thereto should be held of no Force or Effect.
" That from the first settling this Colony this hath been the Con- struction made of our said Charter and original Laws in the re-
ce
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peated Declarations of the several Branches of the Legislature and the Instructions given by the Proprietaries to their Lieutenant Governors, as we apprehend the Minutes of Council and the Votes of the Assembly and other Public Acts will manifest, until the late Governor and Assembly of these Three Lower Counties the last Year enacted a Law for establishing a Militia whereby the In- habitants of that Government are required to enlist, provide them- selves with Arms and Ammunition, to attend with them at certain stated Times in order to be taught and instructed in the Military Exercise, with other Injunctions of the like Kind and Nature under certain Fines and Penalties, without any Exemption of Persons who conscientiously scruple to comply therewith.
"That soon after the said Law was enacted we thought it our Duty to address the Proprietaries and request them to declare their Disapprobation of it, the Duplicates of which Address we now de- sire the Governor to peruse and consider.
" That we should have patiently waited for an Answer from the Proprietaries if the oppressive Measures of some of the Officers concerned in the Execution of the said Law had not demanded our immediate Concern and Attention, and engaged us in this manner to apply for the Interposition of thy Authority to prevent the Con- tinuance of the Oppression to which our Brethren are now subjected, by which the Interest of our Gracious King and the Prosperity of our Country are and may be very sensibly injured.
" We, therefore, now, with much Respect, request thy serious and deliberate Consideration of this State of the Case of our Breth- ren residing in the said Counties, and that thou wouldst favourably attend to the Evidence we are ready to offer of the Truth of the Facts mentioned in the annexed Schedule, containing some Instances of the unjust and oppressive Proceedings of David Bush, one of the Justices of the Peace in the County of Newcastle, and of William Bradshaw, the Constable, and his Assistant, supported and encour- aged by the said Bush, and after an impartial Hearing we hope for thy redressing these Grievances and the Removal of these Persons from the Power of oppressing their honest Neighbours, which shall be thankfully acknowledged by us as an Act of that Justice and Clemency which, from thy repeated Declarations in Favour of our Civil and Religious Liberties, we confide in thy Resolution to pre- serve inviolate to every Society of People under thy Government.
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