USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 57
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An Address was presented by the Meeting of Sufferings at Philada to the Governor, complaining of sundry oppressive and illegal Acts done by David Bush, Esquire, One of the Justices of the Peace for Newcastle County, under Colour of the Lower County Militia Law ; a Detail whereof was deliver'd with the Address ..
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The Governor answer'd that he wou'd take the same into Con- sideration, And let them know when they should he heard.
At a Council held at Philadelphia, On Monday 6th June, 1757. PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Richard Peters, Thomas Cadwallader, Esquires. Lynford Lardner,
A Letter from Governor De Lancey, of the 3rd Instant, was read in these words, viz* :
A Letter from Governor De Lancey to Governor Denny. "NEW YORK, 3d June, 1757. " Sir :
" Yesterday Evening Sir Charles Hardy embarked to fall down to Sandy Hook, to take under his Care the Transports with the Troops, and has left the Administration of this Government in my Hands as Lieutenant Governor. You will therefore be pleas'd to direct your Letters to me accordingly, if any thing shou'd occur in which I may be able to further His Majesty's Service.
" The Embargo is to be continued here till at least a Week after the Departure of the Transports from Sandy Hook, of which you shall have Timely Notice; the Reason of this Measure is, that no knowledge of their Sailing may fall into the Enemy's Hands before the Junction at Halifax, where they will have the Protection of the Fleet under Mr. Holburne.
"I am, Sir, your most obedient " And most humble Servant, " JAMES DE LANCEY. " Governor DENNY."
A Letter from the Governor of Rhode Island, desiring the Gov- ernor to permit Captain Peleg Shearman, in the Sloop Seaflower, to purchase and bring from this City his Sloop Load of Flower (being 60 Tons), was read.
As Lord Loudoun is upon the Point of Departure, this Petition was referred, to be considered at some future Time.
The Governor proposed a Fast, and the Draught of a Proclama- tion for one was prepared, read, and Approved.
A Petition from Robert Moulder, setting forth, That before the Embargo was laid on here, he was loaded with Provisions bound for the Island of Tortola, and just ready to sail, but was ordered to
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unload, which he accordingly did, and had his Vessel taken up in His Majesty's Service to carry Provisions to New York. That he delivered the said Provisions there, and is now returned to Phila- delphia ; That His first Cargo, for which he contracted to deliver at Tortola aforesaid, now lyes in a perishing Condition, and there- fore Prays relief in the Premisses, was read, and the Collector's Certificate in favour of the Petitioner, together with the Manifest in the Office at the Time of the laying on the Embargo, were likc- wise read.
Agreed that the Cargo may be shipped, and the Vessel cleared, provided she goes to Antiqua, Barbadoes, or S. Christopher's, and Bond be given, of the Tenor of those sent by the Commissioners of his Majesty's Customs to the Collector.
The following Deposition of John Hogan, giving a full Account of the taking of Fort Granville, was read in these words, vizt .:
" CUMBERLAND COUNTY, SS :
" The first Day of June, in the Year of Our Lord One Thousand Seven Hundred and Fifty-Seven, before me, John Armstrong, Esquire, One of His Majesty's Justices of the Peace for the County of Cumberland aforesaid, came John Hogan, late a Soldier belong- ing to Captain Edward Ward's Company of Foot, in the Pay of the Province of Pennsylvania, and upon his solemn Oath did depose and declare, That On or about the First Day of August last past, he this Deponent, wth several others, was taken Prisoner at Fort Granville, by a Party of French & Indians, consisting of One Hun- dred Indians and Fifty French, who took this Deponent and the rest of the Prisoners to the Kittanning, where they continued about Three Hours, in weh. Time John Turner, One of the Prisoners, was there burnt. That they were then taken down the River to Fort Du Quesne, where they staid but a few Hours, the French and In- dians not agreeing; That they then proceeded to Loggs Town, where this Deponent mostly continued until he made his Escape, which was about Nine Weeks agoe.
" And this deponent further saith, That during the Time of his Captivity, he was several Times at Fort Du Quesne, and was fully satisfied That the Garrison consisted of about Three Hundred French, had Six Guns, ffive or Six Pounders, mounted, and Seven Swivel Gunns. 'That there were no Indians in the Fort; but at about Two Miles Distance from the Fort there was an Indian Town, wherein were about Fifty or Sixty of the Natives, Twenty whereof were able to bear Arms. That the Walls of the Bastions of said Fort were about Fourteen Feet Thick, The Curtain about Four or Five Feet thick, except that part next the River, which is built as a Common Stockade. That between the Two Bastions on the Pennsylvania Side, there is a Ditch about Six Feet Wide and about Seven or Eight Feet deep. That about Four days before this Deponent made his VOL. VII .- 36.
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Escape, there was Twenty Battoes arrived at Fort Du Quesne from Canada, loaden with Ammunition and Provisions; And that it was reported they expected Thirty more from Mississippi, in a few days; And that they also expected a large Reinforcement of French and Indians from Canada & Mississippi; and That they wou'd then en- deavor to cut off the back Inhabitants; And also said That if the English did not go out this Summer, they wou'd come to them. And this Deponent further saith, That the Indians having sold a Prisoner to the French, receiv'd a Nine Gallon Cagg of Brandy ; This Deponent and George Hiley, another Prisoner, thought that wou'd be a good Time for them to escape, as it was customary for the Indians on such Occasions, to make a Frolick and get drunk ; Whereupon they set off and brought Martin Barrowelly, another Prisoner, along with them, and arrived at the South Branch of Po- tomack in Three Weeks from the Time of their Escape.
his "JOHN H HOGAN. Mark.
"" Sworn at Carlisle the 1st June, 1757, Before Me,
"JOHN ARMSTRONG."
6th June, P. M.
MEMORANDUM.
This Evening at 9 o'clock, Two Members waited on the Governor to acquaint him that a Quorum of the House was met, and ready to receive what Business he shou'd please to lay before them ; When His Honour deliverª them the following Message, and Papers re- ferred to in it, and desired they wou'd lay them before the House.
A Message from the Governor to the Assembly.
" Gentlemen :
"My Duty to his Majesty, and the critical Situation of public Affairs at this Juncture, have laid me under the Necessity of call- ing you together before the Time of your Adjournment.
"I now lay before you two Letters of the Fourth and Nineteenth of February, which I lately receiv'd from the Secretary of State ; by one of which you will perceive it to be His Majesty's Pleasure, that I shou'd press you in the strongest Manner, to raise with the utmost Expedition, as large a Number of Provincial Troops as may be for the Service of the present Campaign, over and above what You shall judge necessary for the immediate Defence of this Pro- vince, and that the Troops so raised shou'd act in such Parts as the Earl of Loudoun shall think most conducive to the Service in general.
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"I likewise lay before you His Lordship's Letter of the 5th May, in which after expressing his Concern of the Dangers to which this Province Stands exposed for want of a Militia Law, His Lord- ship desires that I will in Compliance of His Majesty's said Com- mands, apply in the most pressing Terms to you to raise at least Five Hundred Men to be added to the Provincial Forces, and I cannot in the least doubt a ready Obedience on your Part, when I consider that the Security and very Being of this and the Neigh- bouring Provinces, So much depend on vigorously supporting the wise Measures concerted by our most gracious Sovereign for their common Defence and Protection. His Lordship is pleased to ob- serve the Singular Light this Province stands in, when every other Colony has wisely provided by such a Law for its Defence, and I may add that, it seems the more extraordinary when the other Gov- ernment of the lower Counties has set so good an Example, I am the more concerned when I reflect what Observations the King's Ministers will make on your Conduct, after receiving the Copy of a Militia Bill offered me in your last Sessions, which in some par- ticulars of great Consequence, is even more anti-constitutional than that which was repeated by the King in Council last Year.
" The Part the Southern Provinces are to take in the Operations of this Campaign, was settled between Lord Loudoun and the re- spective Governors of those Colonies, as you will see by the Min- utes now laid before you; It was stipulated by me on the part of this Province, that Two Hundred of our Provincial Forces shou'd be sent to South Carolina, with Five Companies of the first Bat- talion of the Royal American Regiment under the Command of Lieutenant Colonel Bouquet, In Consideration of which His Lord- ship agreed to leave the other Five Companies of that Battalion under the Command of Colonel Stanwix, for the Defence of this Province ; It is Matter of great Concern to me that it has not hith- erto been in my Power to comply with my Engagement with his Lordship. You are sensible that the Term being lately expired for which the Provincials were enlisted, and they being discouraged at their not regularly receiving their Pay, refused to continue in the Service, and went off in so great Numbers as to leave Part of the Frontiers in a very weak and defenceless Situation; but I have now the pleasure to inform you that the Commissioners have lately agreed to give a larger Bounty to such as shall enlist, And the Officers meet with Success in recruiting, so that I hope the Regi- ments will soon be compleat, and I may be enabled to fulfill my Engagement, which I am persuaded you will think a very advan- tageous one for this Province.
"The Minutes of the Conference I lately had with the Indians at Lancaster are preparing, and shall soon be laid before you. His Majesty having entrusted Sir William Johnson with the sole Man- agement of Indian Affairs in the Northern District of America,
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this Interview was only acquiesc'd in by the Earl of Loudoun and Sir William Johnson in Consequence of a Treaty held at Easton before His Lordship's Arrival in America or my Accession to this Government. His Lordship's Letter sufficiently expresses his Sen- timents of the Conduct of the People of this Province with Re- gard to Indian Affairs; and he is of Opinion they will see it to be their Interest as well as their Duty to pay Obedience to the King's Commands, and not to interfere with His Prerogative of making Peace and War.
" As long as Colonel Stanwix is stationed on the Western Frontier It would be for his Majesty's Service and that of the Province to have the Post established on its former footing.
" The Commissioners having acquainted me that the Sum of Forty-five thousand Pounds lately struck is almost expended, and the small remainder appropriated, I must recommend it to you to find some Means of immediately furnishing a further Sum for the Payment of the Troops and other necessary Expences of the Gov- ernment.
" June 6th, 1757."
" WILLIAM DENNY.
MEMDM.
The Two following Letters from the R+ Honourable William Pitt, Esqr., of the 4th & 19th of February, And One from the Earl of Loudoun upon Indian Affairs, together with the Minutes of a Mect- ing of the Governors of the several Provinces with His Lordship held at Philadelphia ; and a Copy of the Writ for calling the As- sembly (as requested by the House) were delivered with the above Message.
A Letter from the Honourable William Pitt, Esqr., Secretary of State to the Governor, dated February 4th, 1757.
[Letter not inserted in Council Book. ]
The Secretary understanding by one of the Members that the Governor's delivery of His Message and Papers to the Gentlemen appointed to wait on His Honour gave Offence, An Apology was made to the Speaker, who came the next Day accidentally on Busi- ness to the Secretary's Office.
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9th June.
MEMORANDUM.
The House sent a Message to desire the Governor wou'd lay be- fore them the State of the Provincial Forces, and to know when
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they might expect the Indian Minutes; And the Governor said he wou'd send both to the House To-morrow.
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June 10th.
His Honour having receiv'd a second Message from the House requesting a List of the Provincial Forces, sent it them by the Secretary ; But the Clerk disapointing the Secretary in Copying the Indian Minutes, It was Afternoon before even an imperfect Copy cou'd be ready, which he delivered to the Speaker with the Original, desiring to have both returned as soon as read, that he might get the imperfect Copy finish'd for the use of the House. The House sent to the Governor a Bill entituled " An Act for striking the Sum of Fifty-Five Thousand Pounds, the remainder of the Sum of One Hundred Thousand Pounds given to the King's Use, and for Making the same current within this Province," for his Concurrence.
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At a Council held at Philadelphia, on Monday, June 13th, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Richard Peters,
Benjamin Chew, Lynford Lardner, S
Esquires.
The Governor acquainted the Council that he had received a Message from the House on Saturday, and that they proposed to adjourn till Monday next if he was not come to any Result upon the Bill for striking Fifty-ffive Thousand Pounds, &cª. To which He consented, telling them that he hoped to be ready on Monday. And now he desired that the Act for striking The Sum of Fifty-Five Thousand Pounds, the remainder of the Sum of One Hundred Thousand Pounds given to the King's Use, and for making the same current within the Province, might be considered ; And being read over, the Council declined giving their Advice, because it was contrary to Proprietary Instructions, but left it to the Governor to do what he shou'd think proper. His Honour was reminded that He had passed the Supplemental Bill for One Hundred Thousand Pounds by Lord Loudoun's Advice. The striking this Fifty-five Thousand Pounds was a Consequence then foreseen, and mentioned in the Remarks made by the Council on the Report of the Com- mittee, in Answer to the Objections made to the Bill, which was one of the Papers given to my Lord to inform his Lordship of the Nature and consequence of that Bill, and tho' denied by Mr. B. Franklin, with whom my Lord consulted, yet it was still taken for
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granted by the Governor that such a Bill wou'd be offered when the Forty-five Thousand Pounds shou'd be expended; and now it was offered, It was his own Affair entirely.
The Governor observed that the Assembly wou'd not go into any other way of raising Money to maintain the Troops; And if they were to be disbanded the Frontiers wou'd be without Defence-a Consequence that might occasion the immediate Loss of this Pro- vince; That he was in the same Circumstances as when Lord Loudoun was here, and cou'd not answer it to His Majesty not to pass the Bill in such a Situation. On this the Bill was read Para- graph by Paragraph, and amended in Two Places, One in the Preamble, leaving out some Words asserting it was absolutely ne- cessary to strike the Money, and the other in the Clause referring the Punishing of Counterfeiting the Bills to former Acts, which was left out ; and the same Clause, making it Death, was put into this as was in the last Act; And the Secretary was ordered to return the Bill with the said Amendments to the House.
The Governor order'd the following Letter from Governor Belcher, inclosing a part of the Militia Act lately passed in New Jersey, by which a Detachment of the Militia was ordered to March into this Province if invaded or attacked by an Army of the Enemy, to be read, viz **:
" Sir :
" Inclos'd I send your Honour Extract of a Law of the Colony of New Jersey, passt the 3d Instant, respecting the March of a Number of the Militia of this Province into New York or Penn- sylvania, in Case they shou'd be attackt by an Enemy. To the particulars of this Act I referr you, and shall not doubt your doing in this Matter what shall best promote His Majesty's Service, with the safety and Welfare of His good Subjects. I am, Sir,
" Your Honour's most obedient & most humble Servant,
" J. BELCHER.
" Eliza Town (N. J.), June 7th, 1757.
" I. Governor DENNY."
At a Council held at Philadelphia, on Monday the 16th June, 1757.
PRESENT :
The Honble. WILLIAM DENNY, Esquire, Lieuten". Governor. William Till, Robert Strettell,
Richard Peters, John Mifflin, '} Esquires.
The Minutes of the preceding Council were read & approved.
The Bill for Striking the Sum of Fifty-five Thousand Pounds, dea., was returned to the Governor on Tuesday, with a Message that
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the House admitted of His Amendments thereon, and had ordered the said Bill to be engrossed accordingly, and shou'd be ready to attend the Governor in the Afternoon for the enacting the same into a Law; To which His Honour answerd. that he wou'd let the House know when it wou'd be convenient to him to pass the Bill, and wou'd appoint Two Members of Council to compare it with the en- grossed Copy, And appointed Mr. Mifflin and Mr. Peters for that Purpose.
The Governor informed the Council that ye Continuance of the Embargo proving extremely injurious to the Trade of this City, the House last Night presented to him an Address by seven of their Members, which was read in these Words, viz4 :
" To the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor of the Province of Pennsylvania,
" The Remonstrance of the Representatives of the Freeman of the said Province, in General Assembly met:
" May it please your Honour :
" The House being acquainted, as well by an Application from the Merchants of this City as from their own Knowledge, with the languishing Condition of the Trade and Commerce of the Province, occasioned by the long Continuance of the present Embargo, beg leave to lay this inexpressible Grievance before the Governor, and to insist on the Removal of so great a Mischief.
" It is now Three Months and more since this Prohibition was laid on this Port, and almost a Total Stagnation of the Trade & Commerce of the Province has ensued; And Notwithstanding we conceiv'd it to be illegally laid, and the Merchants had at that Time considerable Quantities of perishable Commodities on board their Vessels and in Stores, and the Millers and Farmers much greater manufactured and ready for Market, Yet as we apprehended it was laid with a Design to promote His Majesty's Service and the general Defence of America, And that it wou'd be of a short Duration, we were content to submit to the Inconveniency, however great and. distressing it might prove, until the good End intended by it shou'd be fully answer'd. But as the Fleet has been long since supplied with the necessary Seamen, and all the Provisions they stood in Need of provided, We cannot see the Reason or Necessity of con- tinuing a Prohibition, which Your Honour must be sensible has already greatly distressed the Inhabitants, and must in a little Time totally ruin the Trade and Commerce of the Province.
" We intreat your Honour to consider how the Province, under the dreadful Calamities of an Indian & French War, the Loss of a Number of its Inhabitants, and the heavy Burthen of Taxes neces- sarily imposed for the Defence of a long-extended Frontier, can be able to support itself, much less pay her Debts to her Mother Coun-
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try and grant Aids to His Majesty, shou'd the People be longer de- barred from the Benefit of Trade.
" As a further Motive to prevail on your Honour to relieve this distressed Community from its present unhappy Situation, we beg leave to represent that the Merchants of this City, at the time this Embargo was laid, had large Quantities of perishable Commodities on Hand, and have now near Forty Vessels ready to sail with Car- goes of Provisions, a considerable Part whereof is already perished, other Parts damaged, and the Remainder must soon be in the same Condition unless the Prohibition be immediately taken off.
" Also, that we are further credibly inform'd by Letters from Great Britain, Ireland, and the West Indies, that in those Places the People are in the utmost want of the Necessaries of Life, while we abound with them here, and our Bread, Flour, and other Provi- sions, Spoiling on the Hands of the Merchants, who are prohibited from relieving the Necessities of their Fellow-Subjects, in the greatest distress.
"We hope your Honour, after this impartial Representation of the Circumstances of this Colony, will not think of continuing this Prohibition any longer, had you a Right to impose it-especially as the Embargo is taken off in New England, Maryland, & Virginia, and the continuance of it here can answer no good Purpose whatso- ever. But when the Governor duly weighs the extent of his Autho- rity by the Laws of England, the Royal Grant, & the Laws of this Province, by which his Power and the People's Rights ought to be determined, we conceive he will join in opinion with us that this Embargo was illegally laid.
" And that His Majesty and Ministry are of opinion that the lay- ing of Embargoes, without the Assistance of the Legislature, is illegal and unwarrantable, appears clear from sundry of their In- structions to your Honour and ye Predecessors, in commanding you to recommend it to your Assemblies to lay such Restrictions. Had you the Power, Independent of this Branch of the Legislature, these Instructions wou'd be unnecessary; And the Parliament of our Mother Country appears to be of the same Sentiments, by passing an Act to limit our Trade to such Places as they conceive the pre- sent State of Affairs requires, Who, we presume, are the best Judges of the Necessity and Manner of such Prohibitions.
"Upon the whole, we apprehend a People cannot be said to be free, nor in the Possession of their Rights and Properties, when their Rulers shall by their sole Authority, even during the sitting of their Assemblies, stop the Circulation of their Commerce, discourage the . Labour and Industry of the People, and reduce the Province to the greatest Distress.
"To conclude, We presented to your Honour such a Bill as in our Opinion wou'd have effectually prevented the supplying the
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PROVINCIAL COUNCIL.
Enemy with Provisions in the Time of War, with the least Injury to the People, which y". Honour was pleased to refuse your Assent to; but instead thereof, during that Sitting, shut up our Port by a general Embargo, which has been, as we conceive, unnecessarily continued till the Province and its Commerce are reduced to the greatest Extremity. And therefore we think it our indispensable Duty, and do insist upon it in the warmest Manner, that you do im- mediately take off the Prohibition, and save the Country from that Distress and Ruin which must otherwise attend it.
" Signed by Order of the House. "ISAAC NORRIS, Speaker."
The Governor observed that the Assembly was called at the special Instance of Lord Loudoun, among other Things to raise Five Hundred additional Provincial Forces; and that he had laid this Matter before them, which was likewise pressingly urged in the Letter from His Majesty's Secretary of State, but had receiv'd no Answer. That he is inclined to send, by Express, the Remonstrance to His Lordship, and to recommend the taking off the Embargo, but knows not how he can with Decency do it, without sending, at the same time, the Assembly's Answer to his Message.
It was further observed, that the Remonstrance was conceived in Terms full of Indecency, but the Governor and Council having a real Compassion for the Sufferers, did not think proper, at present, to take any Notice of this ; but to send it to Lord Loudoun, with a Letter recommending it to my Lord to relieve the Sufferers, if it wou'd in any wise comport with the King's Affairs. And there- upon the following Message was sent to the House :
A Message from the Governor to the Assembly. " Gentlemen :
" I shall forward your Remonstance, presented to me last Night, by Express to Lord Loudoun, the Embargo having been laid at His Lordship's Instance, in Consequence of His Majesty's positive Orders, as will appear by His Lordship's Letters, which I have from Time to Time laid before You.
"I am sensible of the great Distress that the Merchants & Farmers must be under, by the long Continuance of this Embargo, and hope the King's Affairs may permit his Lordship to hearken to my Application for their Relief.
" You will please to send an Answer to my Message of the Sixth Inst, in which I communicated his Lordship's Demands, and those of the Secretary of State, that it may be forwarded by the Express, as I cannot, with Decency, write to my Lord Loudoun, without letting him know your Resolutions on those Demands.
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