USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 47
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
At a Council held at Philadelphia, on Wednesday the 23d of March, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell, Richard Peters, Esquires.
The Minutes of the preceding Council were read and Approved.
'The Governor informed the Members, that on consulting with my Lord Loudoun on the Intelligence from Fort Augusta, his Lord- ship had, by Letter, advised him to pass the Supply Bill, which was read in these Words :
A Letter from the Earl of Loudoun to Governor Denny. " PHILADELPHIA, March 21st, 1757.
" Sir :
" As I find the Publick Service in the Province entirely at a
454
MINUTES OF THE
Stand, arising from a Difference between you and the Assembly, in relation to a Bill now depending, to raise Money for the Publick Service, which you seem to apprehend you cannot pass consistent with your Instructions.
" And that during the Continuance of this Dispute, the Troops raised by the Province are in great danger of disbanding for want of pay, there being now Six Months' Pay due to them, on Account of which part of the Troops have refused to march till they are paid, altho' they have received Order to re-inforce the Garrison of Fort Augusta, from whence there is Intelligence of the Enemy's making Preparations to attack it.
" And as it is absolutely necessary for the Security and Defence of the Southern Provinces that this Province shou'd furnish and keep up their Quota of Forces.
" And as the present situation of Affairs, and the Season of the Year will not allow of time for new modelling another Bill, and as the Consequence of the 'Troops disbanding, and Money not being raised for the Current Service of the Year, must occasion this Pro- vince's being exposed to become a Prey to the Enemy, or oblige the King's Servants to leave a greater Number of the Regular Troops for its Defence than can be spared from the executing the other Plans of Operation which His Majesty has approved of for the ensuing Campaign, and by which they might probably be defeated. I must, in this Situation of Affairs, desire of You to wave your Instructions for the present, and pass this Bill, that Money may be raised and those apparent Evils prevented for the Present.
"I do most sincerely wish such Measures may be taken at Home before next Winter as may prevent any difficulty of this Nature ever happening again, as the Consequences are very bad, and may prove fatal.
"I am, with great Regard, Sir, Your most obedient humble Servant,
" LOUDOUN. "To the Honble. WILLIAM DENNY."
That he had returned the Bill to the House, with a Message sig- nifying his Readiness to assent to it, and that it had been engrossed and compared with the Original, And he had appointed this Time for the passing it; Whereupon the Secretary was sent to the House to require their Attendance in the Council Chamber, in order to enact it into a Law, Which was accordingly done, the Act being Entituled " A Supplement to an Act intituled 'An Act for granting the Sum of Sixty Thousand Pounds to the King's Use, and for striking Fifty-ffive Thousand Pounds thereof in Bills of Credit, and to provide a Fund for sinking the same, and for granting to His Majesty the Additional Sum of One Hundred Thousand Pounds.'"
455
PROVINCIAL COUNCIL.
The Governor further informed the Members that the Indian trade Bill was returned to him again with the amendments, desiring him to pass it as it then stood ; and at the same time a Message was deliver'd, desiring a Conference with a Comittee of the House on the Bill for "preventing the Exportation of Provisions, Naval or Warlike Stores, from this Province to any of the Dominions of the French King, or to any Port or Place in America not in the Pos- session of the Subjects of His Britannick Majesty." To which his Honour gave for Answer, " He was sorry to differ in Opinion from the House on the Bill for preventing Abuses in the Indian Trade, &cª-, and wou'd therefore reconsider it. But as to a Conference on the Bill for preventing the Exportation of Provisions, naval and Warlike Stores, &cª., he knew no Use it cou'd be of, as he was not at Liberty to recede from his Amendments to the said Bill. He wou'd, however, communicate to the House the Reasons which pre- vailed on him to make those Amendments, and if they shou'd after- wards request a Conference, He wou'd then appoint one.
The Governor order'd the Amendments of the Indian Trade Bill, with the Answers of the House thereto, to be enter'd in the Minutes :
" Amendments to the Bill Entituled ' An Act for preventing Abuses in the Indian Trade, for supplying the Indians, Friends and Allies of Great Britain, with Goods at more easy Rates, and for restoring and confirming the Peace and Friendship heretofore sub- sisting between this Province and the Indians inhabiting the North- ern and Western Frontiers of the said Province.'
" Dele in the Title, the Words Western and Northern.
" Page 2, Line 1. Dele the Words [Northern and Western].
" Page 5, Lines 9 & 10. Dele the Words [Representatives of the People of the Province ] and instead thereof insert the Word [Government].
" Page 6, Line 9. Dele the Word [Annually] and instead thereof Insert the Words [from time to time, as often as there shall be occasion ].
" Line 11. Dele the Words [By the Assembly] and instead of them insert the Words [By the Commissioners of Indian Affairs herein after named and approved of, and commissionated by the Governor or Commander-in-Chief of this Province for the time being].
" Line 14. After the Word [instructed] add the Words [By the said Commissioners for Indian Affairs].
" Page 7, Line 21. Dele the Words [Committees of Assembly to be appointed Yearly] and insert the Words [said Commis- sioners ].
" Line 10. Dele the Words [Assemblies of this Province, or in
456
MINUTES OF THE
their Recess from the said Committees of Indian Affairs, whichs Committees] and insert the Words [said Commissioners for Indian Affairs, which Commissioners ].
" Page 8, Line, antepenult. Dele the Word [Committee] and insert the Word [Commissioners].
" Page 9, Lines 5, 6, 7, & 8. Dele the Words Fas the said Com- mittee of Assembly shall judge most for the Interest of the Pro- vince ] and insert the Words [as the Commander-in-Chief of this Province for the time being by and with the Approbation of the sd. Commissioners shall direct].
"Page 10, Line 2. Dele the Words [the Provincial Treasurer] and insert the Words [His Majesty and his Successors].
" Do. Line 3. Dele the Word [Committee] and insert the Word [Commissioners ].
"Lines 7, 8. Dele the Words [Assembly, or in their Recess by the Committee ] and insert the Word [Commissioners].
" Page 11, Line 2. Dele the Word [Committee] and insert the Word [Commissioners].
" At the End of the Lines 5 & 6. Dele the Word [Committee] and insert the Word [Commissioners].
" Line 8. Dele the Words [Committee of Assembly ] and insert the Word [Commissioners].
"Lines 15 & 16. Dele the Words [Committee with the Assent of the Assembly for the time being] and insert the Words [said Commissioners].
"Page 12, Lines 8 & 9. Dele the Word [Committee] and insert the Word [Commiss"s.]
"Line 12. Dele the Word [Committee] and insert the Word [Commission's.]
" Line 14. Dele the Word [They] and instead thereof insert [The Commander-in-Chief of this Province for the Time being, by and with the Approbation of the said Commissioners].
"Page 14, Line 15. After the Word [Pounds] add [to be re- cover'd and dispos'd of in manner aforesaid J.
"Page 16, Line 5. Dele the Word [Committee] and instead thereof insert the Word [Commissioners ].
" Line 14. Dele the Word [Committee] and insert the Word [Comiss"]
"Page 17. Dele the Lines [10, 11, 12, 13 & 14] and after Line 14, insert as follows : [And be it further enacted by the Authority aforesaid, That no Person or Persons other than the Agents or Assistants to be appointed and commissionated as is herein before directed, shall presume to deal, barter, or Trade with any Indian or Indians, or sell them any goods, Wares, Merchandizes, or any
457
PROVINCIAL COUNCIL.
kind of Strong Liquors, under any pretence whatsoever, any Law, Usage or Custom of this Province to the contrary in any wise Notwithstanding, and every Person so offending being thereof duly convicted, shall forfeit and pay the Sum of One Hundred Pounds, the One Moiety to the Commissioners for Indian Affairs, to be disposed of in Presents to the Indians in manner aforesaid, and the other Moiety to such Person or Persons as will sue for the same, to be recover'd in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information ; and shall moreover suffer Six Months Imprisonment without Bail or Mainprize, and pay the full Costs of Suit ; and all Goods, Liquors, Furrs, or Peltry employed or received in such illegal Trade, shall be and are hereby declared to be forfeited, The One half to the Commissioners for the Uses aforesaid, and the other half to the Agent or Agents seizing the same.
[And be it further Enacted by the Authority aforesaid, That and-shall be and are hereby nominated and appointed Commissioners of Indian Affairs for this Province, to do, execute, and perform the several Duties and Things required of them by this Act during the Continuance thereof; and the said Commis- sioners shall once in every Year settle and adjust their Accounts with a Committee of the Council, to be appointed by the Governor and Commander-in-Chief of this Province for the time being, in Conjunction with a Committee to be nominated by the Assembly for that purpose, and shall be allowed for their Services such a Reward or Salary as the said respective Committees shall think reasonable ; But before the said Commissioners shall enter into the Execution of their said Trust, each of them shall take an Oath or Affirmation before some Magistrate having Power to administer the same, that he will well and truly execute the Office of a Com- missioner of Indian Affairs to the best of his Skill, Ability & Knowledge, and moreover shall enter into a Bond to Our Sovereign Lord the King, his Heirs, and Successors, with Two Sufficient Se- curities in the Penal Sum of ---- -Pounds, conditioned for the due and faithfull Discharge of the Trust reposed in him by this Act.
[And be it further Enacted by the Authority aforcsaid, That if any of the said Commissioners for Indian affairs shall happen to die, or be removed from his office for Misbehaviour, or any other legal Cause, during the Continuance of this Act, another fit and suitable Person shall be appointed in his Stead by Act of General Assembly of this Province, and until such appointment is made, the Surviving or remaining Commissioners shall be the Commis- sioners for Indian Affairs to all Intents and Purposes, and are hereby authorized to Act in the said Office and exercise the same Powers as all the said Commissioners might or cou'd do before such Death or Removals.]
458
MINUTES OF THE
"The Answers of the House to the Governor's Amendments to the Bill Entituled ' An Act for preventing Abuses in the Indian Trade, for supplying the Indians, Friends and Allies of Great Britain, with Goods at more easy Rates, and for Restoring and confirming the Peace and Friendship heretofore subsisting between this Pro- vince and the Indians Inhabiting the Northern and Western Fron- tiers of the said Province.'
" Title, Dele the Words [Northern and Western]. The House agree to this Amendment.
"Page 2, L. 1. The House agree to the Governor's Amendment. “ 5. 9 & 10. "6. 9,) 11, 14, ) The House adhere to the Bill. “7. 2,2 10, 5 " 8. Penult, ? " 9. 6, 7, 8, 5 ]
" 10. 2. The House agree to the Governor's Amendment.
3, ) 7, 1 8, ) "11.2, ) 5, 6, 8, 15, 16, "12.8, ) 9, 12, 14, J J
The House adhere to the Bill.
" 16. 5, 2 14, 5 " 17. 10, 11, 12, 13, 14,
" 14. 15. The House agree to the Governor's Amendment.
The House adhere to the Bill.
The House adhere to the Bill.
" Page 17. The House do not agree to insert the Clauses pro- posed by the Governor to be added to the Bill."
MEMORANDUM.
On the 24th Instant the Secretary by the Governor's Order de- livd. to the Clerk of the House the Supply Bill offer'd to the Gov- ernor in January last for granting to his Majesty £100,000, &ca.
459
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Tuesday the 29th March, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettle,
William Logan,
Richard Peters,
Benjamin Chew, Esquires.
John Mifflin,
Thomas Cadwallader,
The Indian Trade Bill with the Amendments enter'd in the pre- ceding Council, and the several Messages relative thereto, were again considered, and the Governor was advised to adhere to his Amendments, and not to return the Bill for some time.
Captain Barnes, of the Sloop Fanny, from Carolina, presented a Petition on the Behalfe of John Orfeur Yates and Samuel Bowman, Merchants of Charles Town, Agents to the Contractor for victualling his Majesty's Navy at South Carolina, setting forth that they are in want of Twenty Thousand Pounds Weight of Ship Bread for the Use of His Majesty's Ships of War, and praying a Permit for the Shipping of that Quantity on board the Fanny. In support of the Petition he produced the Oath of the said John Orfeur Yates, taken before Governor Lyttleton.
On considering the Petition, the Council was of Opinion that as no Application is made by Governor Lyttleton, and as it is believed there is no want of Bread at Charles Town, nor is it said that the Contractors cannot have it there, but They might only want to have it at a cheaper Rate, and "as this wou'd open a Door to many Appli- cations of the same Sort," it was thought proper to make enquiry into the Matter.
The Petition of the Brethren at Bethlehem for a Watch, and for Liberty to seat the Indians on a Tract of their Land, was consider'd. Agreed that the Governor shou'd give Lycence for such Watch, and particular Commissions as desired, and that the Indians might be permitted to live on the Tract assign'd them by the Brethren, so as no Expence accrued to the Province, either on Acct of the Watch or Indian Settlement.
The Petition of the Brethren at Bethlehem to Governor Denny. "May it please your Honour :
"We, His Majesty's most Loyal and most dutifull Subjects, the Brethren residing in the Forks of Delaware, humbly beg leave to lay before your Honour, That
"Tho' we conscientiously scruple to be engaged in Wars as Soldiers, to follow after Enemies, to take away their Lives, &ca., ad- hering to the very same Sentiments we have professed before the
460'
MINUTES OF THE
British Parliament, where we obtained an Act securing us against being forced to bear Arms, or to go to War, &ca.
"Yet in the last troublesome time, when we were in Danger of being fallen upon by the murdering Indians, we have kept strict Watch, and have secured several of our Settlements with Stocadoes, &ca., which has been hitherto so successfull for us and our Neigh- bours, as to prevent a Surprize and Bloodshedding on both sides.
"And now we think it might be good, not only for ourselves but also for the Inhabitants round about us to continue the said Watch, and to prevent thereby many evil Designs of such unmercifull Creatures, tho' they shou'd agree to Peace, as now they seem to have a mind to do.
"But being sensible that this cannot be done regularly without the Governor's special Leave, or rather his Orders, We hereby request your Honour to authorize the said Watch under your Hand and Seal, and to appoint George Klein and Johan Ortlieb, in Beth- lehem ; Godfried Shwarz, in Christianbran Plantation; Abraham Hesler, in Gnadenthal Plantation; Nicholas Shaffer, in Nafarath Plantation, and Philip Trentson, in Friedensthal Plantation, Over- seers of the said Watch, and Henry Frey to be Chief Overseer of the Watches in the four last above mention'd Plantations.
" And your Petitioners will pray, &cª.
" Signed in the Name and in Behalf of the Brethren residing in the fforks of Delaware.
" MATTHEW SHROPP, "JOHN BECHTEL.
"Bethlehem, Northampton County, March 14th, 1757."
-
[Copy.] Governor Denny's Answer to the Address of Indians, &c., at Beth- lehem. " PHILADELPHIA, March 31st, 1757.
"Brethren :
"Your Address of the 14th Instant, which was presented to me on your Behalfe by two of the Moravian Brethren, has been con- sidered by the Council, and I now give you my answer.
" It wou'd be very agreable to me if the Indians of every Nation who incline to live in this Province, cou'd be persuaded to agree upon the Places of Residence amongst themselves, and to have Lands assigned them by this Government for that purpose; the Lands about Wyoming and other Places on the River Sasquehannah are very commodious for hunting, & on these you might have lived with much Comfort; but since it is not agreable to you to live either here or on any Land to be assigned you by the Six Nations,
461
PROVINCIAL COUNCIL.
who you say have several times invited you to do so. I shall with all my Heart consent to your living with the Brethren, at the Place proposed, provided that you do not thereby disoblige the Six Nations, nor the particular Tribes you belong to.
" You will take Care to live peaceably, and to give no offence to the Neighbourhood, as the Lands are cultivated, and the property of particular People. You are to consider that they are not to be disturbed in the full and quiet Enjoyment of their Possessions.
"I thank you for the frequent Intelligence you have given the Governmt .; I expect you will continue to do so on all Occasions. I wou'd have you keep a good Correspondence with all the other In- dians, and advise you to communicate your Intention and desire of residing at Bethlehem to the Six Nations, and any other Indians you may be connected with, that all may know and agree to it.
"I wish you abundance of Satisfaction in your present good pur- poses. You may be assured of my Protection, & that I shall always be glad to do you any good Offices.
" WILLIAM DENNY."
A Letter from Mr. Horsfield was read in these Words :
" BETHLEHEM, March 11th, 1757.
"May it please your Honour :
" Sir :- On the 26th Ultimo came here from Diaougo, by way of Fort Allen and Easton, the following Indians, vizt., Zacheus & Wife, Solomon with his Wife and one Child, three other Women and five Children ; one Woman & Child came some days before; part of them returned to the Indian Country the first Instant, and the rest the fourth, except Two Women and Four Children, which Zacheus de- sired might stay in Bethlehem till Teedyuscung came, which Women and Children I sent over the Water amongst the other Indians.
"I endeavour'd to get out of Zacheus and Solomon how the In- dians at Diaougo, &ca., stood affected, and what was the Occasion of this Visit; They said, that the Indians were for Peace with their Brethren the English, White People, and that Teedyuscung had sent him (Zacheus) downe, being thoughtfull that the White People might be uneasy, and bid him go to Major Parsons at Easton, and tell him to send word to the Governor that they were for Peace, and wou'd come down in about a Month or Six Weeks time; they wanted to be supplyed with many things, and I having no particu- lar Orders was at a loss what to do, but found if I put them off without giving them something, they wou'd go away in Bitterness, which must have had a bad Effect, so I let them have amongst them out of the Brethren's Store, &ca., to the amount of about £4, with two Cags, something more than a Gallon each, and some coarse Cloth for Bags, and I wrote to Captain Orndt, at Fort Allen, de-
462
MINUTES OF THE
siring him to fill the Cags with Rum, and give them some Meal in their Bags.
"I am, with all due Respect, Your Honour's, " Most Obed' humble Servant, " TIM® HORSFIELD.
"To The Honble. WILLIAM DENNY, Esq"."
The Governor enquired of Mr. Logan, what Progress was made by the Committee in their Examination of the Charges made by the Indians at Easton, against the Proprietors, and was told by him that all the Indian Deeds were read over, the Minutes of Council extracted and the Witnesses examined who were present at the day and half's Walk, but it was difficult to get a Meeting of the Com- mittee, and wished more of the Council might be added to it.
The Governor and Council were of Opinion, that all the Council shou'd be of the Committee, it being necessary that every Member shou'd make himself well acquainted with the Evidence necessary to be produced at the ensuing Treaty, in Confutation of what might be urged by the Indians on this Occasion; And they were all ac- cordingly order'd and desired to be present at the next Meeting, and to attend punctually till the whole shou'd be gone thro' and reported.
Copies of some proceedings against Christopher Wilson on Acct. of the Militia of the lower Counties having been deliver'd to the Governor, the same were read, and as it was intended to have a full Hearing of all these Complaints at Newcastle, the Secretary was order'd to put These among the other Papers containing Com- plaints of the same Nature.
The Governor informed the Council that One Hundred and Fifty Indians were arrived at Harris' Ferry, and had agreed to go to Connestogo, and continue there till the Arrival of several others who were expected. That Mr. Croghan, who was gone to take care of them, had acquainted his Honour that he was of Opinion the Treaty cou'd be held before the middle of April.
The Governor being asked how and where he proposed to treat with them, answered, " at Philadelphia, if they wou'd come here ; if not near, Commissioners might go to Lancaster." The Governor was informed that the Assistance of Conrad Weiser would be ne- cessary, as these were most of them of the Six Nations, sent by Sir William Johnson to oblige the Delawares to lay down the Hatchet, and to be present at the Treaty proposed to be held with them, and Conrad was one of the Council of the Six Nations, and had always interpreted for them, as well as this Government. The Governor said Mr. Weiser had the Command as Colonel of the Forces on this side Sasquehannah, and must attend that Duty. The Secretary was order'd to acquaint Mr. Weiser of these Indians
463
PROVINCIAL COUNCIL.
being come to Lancaster, and to desire that he would not fail to send to them the Messages and Complements usual on the Occa- sion, with a Tender of his Services.
At a Council held at Philadelphia, Monday the 4th of April, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Richard Peters,
Lynford Lardner,
Benjamin Chew, Esquires.
John Mifflin,
Thomas Cadwalader,
On the first Instant, a Message was delivered to the Governor by Two Members, " that the House having laid all the Business then under their Consideration before him, desired to know when He wou'd be ready to return the Bills, the Members inclining to make a short Adjournment till Tuesday." The Governor that he hoped by that Time what was before him wou'd be considered.
The Militia Bill was presented to the Governor for His Concur- rence on the 31st Ultimo, and has been since under the Considera- tion of the Attorney General. It was now read, together with the Repeal of the former Law. Many things occurred to the Members on this important Subject, and an Essay was made towards. amend- ing it, but fresh matter offering upon the particular Consideration of every Paragraph, there was not time to finish the Amendments, tho' the material ones were agreed to.
The Secretary was ordered to return the Indian Trade Bill with a Message that the Governor adhered to his Amendments, but that the Militia Bill requiring more Deliberation than he at first ex- pected, He had not then sent it to the House, but shou'd return it as soon as he had more fully considered it.
The Bill Entituled " An Act for striking the Sum of £2,840 to be sunk by Payments to be made by the Proprietaries' Receiver General," presented to the Governor on the 31st of last Month for his Concurrence, was read. Mr. Peters acquainted the Council that a Bill of the same kind had been presented to Mr. Morris, and re- jected on Account of its being expressly declared in the Preamble, as well as in the Body of the Act, that the Five Thousand Pounds were given by the Proprietaries in Lieu of their Tax, which was not true, and that in this Bill there was the same Declaration. The Governor and Council thought proper to send the Bill to Mr. Hock- ley for his Consideration.
The Clerk of Assembly applied to the Governor, in the Name of the House, for Exemplifications of sundry Commissions on Record
464
MINUTES OF THE
in Mr. Brockden's Office, and accordingly the Governor, under the Great Seal, certified Mr. Brockden's Affidavit, and that he was Re- corder of Deeds for the City and County of Philadelphia, and that Faith ought to be given to his Certificates.
The Commissions for Military Watches at Bethlehem, &ca., as mention'd in the preceding Council, were read and approved, with an Answer to the Indians and to Justice Horsfield on that Subject.
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.