USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 62
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ter on Sundays. The latter is a general Militia Bill, equally obli- gatory on the whole Community, without any 'such Alternative; And, therefore, every Freeholder in the Province wou'd be subject to these Penalties without any Opportunity of avoiding them. Had the former Bill extended to all the Freemen of Great Britain, and obliged them to give their personal Attendance without such Choice, can it be reasonably presumed that so wise a Body of Men, the great Supporters of the English Liberties, wou'd have passed it ?
" Secondly. 'That the Law repealed by His Majesty constituted a Court Martial for the Trial of Offenders, which the Bill before him has not done.' 'Tis true no such Court was constituted by the Bill; Nor was it necessary, as it contained severe Penalties on De- linquents, and those Penalties are directed to be recovered in the Courts of Justice and before the Officers of the Militia. The Con- stitution of a Court Martial in that Law as it was repealed might be one of the Reasons of that Repeal. Nothing else can be naturally deduced from it. How then cou'd the Governor think of giving such a Reason for his refusing so necessary a Bill? The Choice of so bad an Argument is a clear Proof to Us that good Reasons are scarce with the Governor to support his Conduct in this Respect. And as to the loose manner and pernicious Conse- quences 'of giving Liberties to evil disposed Persons, of pretending they are actual Members of certain Congregations when they are not,' We beg leave to answer 'The evil Persons' of every Congre- gation have the same Liberties Upon paying the Fines for Non- Attendance on the Military Duties-to enforce which an equal and considerable Fine is laid on every Person capable of bearing Arms. And the Persons of those 'certain Congregations' are not excused from their Duty, but upon the Payment of the same Sums that are imposed on others for their Delinquencies. Where then is the In- justice or Inequality of the Bill ?
" But we are sorry to find that no Militia Bill, however necessary for the Defence of the Province, will meet with the Governor's con- currence, unless it is framed in such manner as will enable designing Men to overturn the Constitution, Subvert all our Rights and Privi- leges, and persecute several Sects of Religious Societies and honest and loyal members of the Community, whom the Governor is pleased to favour with the kind appellation 'of the worst of Persons.'
" The Governor is pleased to inform us that ' before his Arrival the Lower Counties had given for the King's Use as much as their Circumstances wou'd permit.' It had been well in the Governor to have particularized the Sum given that others might judge of that Matter as well as himself. We never have heard of their granting but Two Thousand Pounds. If more has been given, it is but trifling compared with their Circumstances, and the Necessities of the Colonies. Their Lands are rich, Many of their Farmers wealthy, and have all the Advantages of our Market, to which they
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bring their Commodities at little Expence. Those Counties, we presume, are capable of supplying at least the Proportion of a Tenth Part of the Aids of this Government, and yet while this Province has expended in the Defence of itself and that Govern- ment near 220,000 Pounds in a short Time, we know of no Taxes laid by that Assembly towards their own Defence or the Support of the War, except a Part of their Excise out of which the Grants we have mentioned were made. And this, the Governor is pleas'd to say, was 'as much as their Circumstances wou'd permit,' and accordingly he has never called upon them for any further Aid, though he is expressly ordered by the Royal Instructions so to do, and has now been near Twelve Months in the Province.
" The Stipulations with Lord Loudoun, the Governor says, 're- lated to a secret Expedition, and cou'd not at first with Propriety be communicated to the Assembly.' They might perhaps relate to a Secret Expedition, but if so, it was by no Means secretly con- ducted, for during the Sitting of the Assembly, it was pretty gene- rally known and talked of, as well by the Officers of the Army as others, that such an Expedition was intended. Where then cou'd be the Impropriety of communicating it to the Representatives of the People, without whose Aid the Stipulations cou'd not be com- plied with ? Why did he not request our Assistance in his Mes- sage at the Beginning of this Sitting ? And why was the Assembly obliged to offer their Aid without his Request ? From whence it seems clear that the Governor was so far from thinking it improper to be communicated, that he did not even think it Necessary, but was possessed with a Notion that he cou'd comply with that En- gagement without our Assistance, though he had expressly, by the Tenor of the Stipulations, agreed so to do at the Time he entered into them.
"Your Honour is pleased to agree with Us ' that what relates to recruiting has been too much neglected, and never worse carried on in any Country in the World.' And you further add, 'That this has been owing to a determined Resolution in the Commissioners to retard the Recruiting Service.' The Matter then is reduced to this single Point, whether the Governor or the Commissioners are to blame ? We shall not here enter into a full Justification of those Gentlemen ; perhaps they may hereafter think it necessary to vindi- cate their own Conduct; But as they have laid their Minutes before Us in order to justify their Conduct to this House, we beg leave to say it appears to us from thence that as soon as the Governor recom- mended the Giving a Pistole Bounty for the Inlisting of Men they immediately and chearfully agreed to it, nor does it appear that your Honour ever requested a larger Bounty, or ever made that Request until the 25th of April last; And the Reasons those Gent™ assign to us in vindication of their Conduct in not allowing Five Pounds a Man to the Officers for each Recruit, agreable to the Governor's
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Recommendation, are as follow : First. Because many Persons of Reputation and Interest in the Province had offered, and are yet ready to raise Companies of Men, without any Expence to the Public. Secondly. Because, from the Nature of the Service, the large Wages that are given, the Bounty offered, And the Inclina- tion the People have ever shewn to enter into that Contract with the Government, the Commissioners had Reason to expect the Bat- talions might be kept compleat, with very little Expence or Trouble, had Recruiting Orders been timely given; And this appears from Your Honour's own Words, in a former Message, when you in- formed the House (however inconsistent with the Message we are now considering respecting that Matter), ' that the Officers met with Success in Recruiting.' And lastly. As great Part of the Sum granted was then expended, and the Remainder not likely to prove sufficient to answer the Purposes intended, they cou'd not be so re- gardless of their Duty to the Public And lavish of the People's Money, as to throw unnecessarily Seven Thousand Pounds into the Pockets of a Set of Officers, from whom, either through the Default of their Commanders or their own Neglect of Duty, the People have hitherto received but little Protection.
" Thus far the Commissioners' Conduct appears to Us justifiable. But your Honour is pleased to proceed in your Censures of that Board by saying, ' that constant Patroles and Ranging Parties have been ordered out,' And that 'even this Service has been materially checked when the Soldiers wanted Pay and Necessaries, and more particularly when the very moderate Demands of Lieutenant Colonel Armstrong were refused, who had Instructions to encamp with Three Hundred Men the latter End of March, or the Beginning of April, in an advanced Post, to cover the Frontiers.' If such orders have been given it can be no difficult Matter to prove 'the Miscon- duct of the Persons employed in the Service of the Government,' as your Honour calls on us to do. Was it not the Duty of the officers to obey those orders? Have not those Orders been almost altogether neglected, and the Men on the Frontiers sleeping in the Forts while the adjacent Inhabitants been murdered without the least attempt to relieve them? Were not near Twenty of the In- habitants, during the Time of the last Treaty at Lancaster, inhu- manly butchered and captivated within Thirty Miles of that Place, while the Troops for the space of Six Days remained inactive in their Forts, nor ever marched to their Assistance? And have not the Back Inhabitants more than once represented and complained of these Things? But 'this Service was materially checked,' as is said, by the Men's wanting both 'Pay and Necessaries.' That the Men ever wanted Necessaries we are informed is a mistake; the Commissioners, whom the Governor is thus pleased to censure, hav- ing repeatedly staked their Credit and Fortunes to supply them, when the Governor arbitrarily witheld his Assent to the reasonable Bill
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which, after a long and unnecessary Delay, he passed for their Pay and Support.
"The Governor next proceeds to censure the Commissioners for re- fusing the ' very moderate Demands of Colonel Armstrong.' We need only mention the Facts, evidently to shew how unkind and unrea- sonable the Governor is in this Reflection. This Demand was laid before the Board at a Time when the Province was Twenty Thou- sand Pounds in Debt, and the Publick Money, of which they had the Disposition, entirely expended, save about Three Thousand Pounds of the Arrears of the Proprietaries' free Gift, which was then unpaid, and alone remained to discharge the Public Debts. Yet, so extremely unreasonable was the Governor, as to expect that the Commissioners wou'd further stake their Fortunes already engaged for more than they cou'd with Justice to their Families spare, And that upon the Public Credit, when, from the Governor's Conduct, they had as little Reason to think he wou'd ever pass our reasonable Supply Bills to indemnify them, as they had to expect that the Pro- prietaries' Receiver-General wou'd pay the Remainder of the free Gift, for which he has been so often dunned that the Commissioners had Reason to suspect there was no Design to pay it at all. But since this Encampment of Colonel Armstrong, as Your Honour says, wou'd ' have cut off the Retreat of the Enemy, prevented the mauy Murders that have been committed, and the Captivating the many Prisoners that have been led into the worst of slavery,' how has it happened that this Demand has never been made of the present Commissioners, since the supplies have been granted, and since they have had it in their Power to have complied with it? And why was not Colonel Armstrong sent out to encamp there, when the Commissioners recommended it to the Governor, at Lancaster ? Are the Circumstances of the Case altered ? Is not that Encamp- ment as necessary now to cover the Frontiers, and to protect the In- habitants, as was then? Or is it not more so, Since this is the Season to expect the Enemy ?
"We are truly surprised at the Governor's Information, that ' Standing Orders were given at his first Coming to re-inlist others whose Times were expired.' 'Those Orders, it is well known, never were executed nor attempted so to be. The Commissioners had it not in their Power to execute them, that was the Province of the Governor; And it seems to Us, as if it was not expected they shou'd be obeyed, as Nothing was ever done to enforce an Obedience to them, and as more particular Orders were granted to the several Battalions since. But we entreat the Governor wou'd recollect a few Facts, which will set this Matter in a clear light, and fully justify the conduct of the Innocent. On the Twenty-third Day of March the Supply Bill was passed. A few Days after the Money was struck, and at the Disposal of the Governor & Commis- sioners. On the 'Twenty-fifth of April, as is said before, your
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Honour applied to the Commissioners to give a Bounty, which they immediately complied with ; and yet, Notwithstanding there was Money granted, a Bounty allowed for each Recruit, And the several Companies of the Augusta Regiment very incompleat and daily diminishing, no particular Orders were given, as we are in- formed, nor the Officers sent out on the Recruiting Service until the Eighteenth of May ; And we have Reason to believe wou'd not have been then, had not the Commissioners, moved with the Dis- tresses of the People, by their Letter of that Date, to your Honour, warmly requested that it might be done. But it is alleged 'that the Officers cou'd not be spared to go a Recruiting, until Money was sent to pay the Regiment.' More than one Officer out of a Company does not seem necessary to be absent on that Service ; And one wou'd imagine, under the particular Circumstances of that Battalion, it had been more prudent to have spared one of each Company, had his Place been supplied by a Draft from another Battalion, than totally to neglect the recruiting Service. For by this Means the Fort wou'd have received daily Supplies of Men, at that Time so much wanted, instead of their constantly diminishing in Number.
" From what Part of our Message your Honour cou'd collect that heinous Charge, of ' Fraud' against the Proprietaries in their Indian Purchases, we are at a Loss to Judge. That Message is now before us, and we cannot find the word 'Fraud,' or ' Proprietaries' men - tioned therein on that Occasion, or any thing that can bear such a Meaning. It wou'd be wrong in us to criminate any Man unheard, much less Gentlemen in the high Station our Proprietaries bear in this Province; And the Governor must own, on reflection (notwith- standing what he has been pleased to insinuate), that we have not done it; And we assure the Governor, it will give us as much " Pleasure' as it can give him ' to right their Honour,' and at the same time do the Indians Justice, in 'case it appears that their Complaints are well founded.'
"We are by no Means fond of entering into Controversy with the Governor respecting Indian Purchases, being in Hopes the Indian Complaints will be settled, and Tranquility thereby restored to the Province, but cannot avoid adding that we are still of our former Opinion, ' that the Cause of the present Indian Incursions on the Province have arisen in a great Measure from the exorbitant Purchases made or supposed to be made of the Indians.' This appears from the general Tenor of both the late Treaties, though some Parts of the former, respecting the Indian Purchases, are so faintly and incongruously expressed that they are scarce intelligible. This is the Case with that Part the Governor relies on to refute our : Assertion. But a little Reflection on some Parts of that 'Treaty, which are clearly expressed, will evidently prove it. Teedyuscung, with great Ardour, declared ' that the Lands lying between Tohiccon
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and Wyoming, on the River Sasquehannah, were his, and that it was taken from him by fraud ;' And the Speaker of the Six United Nations at the Lancaster Treaty expressed himself in this Manner: ' Brothers, You desired Us to open our Hearts, and inform you of every thing we knew that might give rise to the Quarrel between you and our Nephews and Brothers.' He proceeds to declare, that upon some Difference between them and the English, the Six Nations 'thought proper to remove them, giving them Lands to plant and Hunt on at Wyoming and Juniata, on Sasquehanna, but that the English, covetous of Land, made Plantations there, and spoiled the Indians' hunting Ground; That they complained to the Six Nations, who looked over those Lands, and found their Com- plaints to be true.' After this open declaration of the Six Nations, joined with that of Teedyuscung, how can it be doubted that the large Purchases made by the Proprietaries' Agents have given them Disgust? Have not the Six Nations, at their last Treaty, recom- mended it to the Governor as the only Means of restoring Peace to the Province, 'rather to give some Part of their Fields back again than differ with them?' Is it not now manifest that Nothing less will satisfy them but a Surrendering up of their hunting Country, and the only Land they have left to live in, and a Settlement of a Boundary not to be encroached on between Us? And supposing it true that the ' settled Parts of the Province are not more than one-Eighth,' the Conclusion of the Governor, that 'the other Seven- Eighths are yet left to the Indians,' will by no Means satisfy them. They justly consider that Purchases, however made, give a Pretence to remove the Possessors at Pleasure; That shou'd they be removed from the Lands already purchased, or pretended so to be, they have no Place to subsist in, And in this Case it will be but little Satis- faction to them to reflect that it is not settled.
" We assure the Governor that nothing cou'd give us more Plea- sure than the Resolution he has taken 'in Conjunction with the King's Agent, to settle any Differences subsisting with the Indians.' Nothing, we are convinced, can so effectually conciliate the minds of the Natives to his Majesty's Interest, as so salutary a Measure, and therefore, we assure your Honour that Nothing in our Power that may contribute to so good a Work, shall be wanting. Your Honour has begun and made a considerable Progress therein, with a good Degree of Success, with which the Indians have expressed their Satisfaction ; And, therefore, we request your Honour will be pre- sent at the ensuing Conference, as your Non-attendance will certainly occasion great Disgust to the Indians, and from their known Dispo- sition, in all Probability, destroy the good Effects that may be expected from it. We have recommended it to the Commissioners who will bear the Expence of the Conference, and supply Your Honour with what Money you shall think proper to call on them for to defray your expenses on that Occasion.
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"We are heartily sorry the Governor shou'd so far misunderstand our Message as to think in any Part of it we bad 'laid aside De- cency.' We are not conscious of the Justice of the Charge. It is our undoubted Right, as an Assembly of this Province, to repre- sent the Public Grievances, and the Mismanagement of Publick Affairs, and to vindicate our Conduct, which has been unjustly mis- represented. This we have done, and this we hope we may ever do, without justly incurring the Imputation of ' want of Manners,' as an Omission thereof wou'd be a manifest Breach of our Duty to the People we represent.
" Signed by Order of the House. " ISAAC NORRIS, Speaker.
"June 25th, 1757."
And His Honour was told by the Members who delivered the above Message " that the House having gone through the Business that lay before them, inclined to adjourn to the Eight of August next ; and that if, in the mean Time, it wou'd be agreable to the Governor that some of the Members shou'd attend him to the expected Conferences with Teedyuscung and other Indians at Eas- ton, the House would nominate the Committee who waited on His Honour to Lancaster, with Mr. Hughes, and Mr. Roberdeau, for that Purpose. Also, that the House, upon considering the Memo- rial of Sir John St. Clair, and the Governor's Message delivered therewith, had appointed a Committee to revise the Laws in Force for repairing and regulating Highways, and to bring in a Bill to supply their Defects, if any shou'd appear." But His Honour ac- quainted them that he had a short Message just ready, and wou'd send it to the House directly, that they might consider it and give him an Answer before they adjourned, And accordingly the Secre- tary delivered the Message as follows, viz":
A Message from the Governor to the Assembly .. " Gentlemen :
"In Case of an Attack, which we have the greatest Reason to expect, it will be necessary for me to raise Voluntiers; to order a Detachment of the Militia of the Lower Counties to march for the Defence of this Province; and further, to apply for a Body of the Militia of New Jersey. These Troops shou'd be supplied with Ammunition, Provisions, Carriages, Quarters, and such other Ne- cessaries as may be wanted for the Conveniency of their marching and Encampment; besides, there will be wanting Arms and Ac- coutrements for the Voluntiers. I most earnestly recommend it to you to make the proper Revisions for these several Articles, other- wise the Consequence will be fatal to this Province.
"WILLIAM DENNY.
" June 25th, 1757."
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Instead of an Answer, the Governor received, by Two Members of the House, a Copy of the following Resolves, viz" :
"Ist. Resolved, That the House are desirous to pass, and have repeatedly presented to the Governor, a Bill for forming and regu- lating the Militia of this Province; which, had he thought proper to have given his Assent to, wou'd have enabled him to have pro- tected the People ; And that his Refusal of the said Bill is a Denial of that Protection which they have a Right to demand, and was his incumbent Duty to have granted.
"2d. Resolved, That this House having passed a Law for grant- ing One Hundred Thousand Pounds to the King's Use, for the raising and maintaining Fourteen Hundred Men for the Defence of the Province, had the Governor taken proper Care in recruiting the Provincial Regiments, wou'd have been sufficient, at this Time, with the Assistance of the King's Officers now on our Frontiers, to have defended the Province against any Number of the Enemy we have Reason to expect are coming against Us.
"3d. Resolved, That the said Supply Bill has invested the Provincial Comissioners with Power to dispose of the said One Hundred Thousand Pounds, for the Defence of the People, with the Assent of the Governor; and the House doubts not but they will chearfully defray the Expence of such prudent Measures as to them shall appear necessary for the Protection of the Province.
"4th. Resolved, That it appears to Us, that the Governor is de- termined to withhold that Protection from the People of this Pro- vince, which a proper Militia might afford them, Unless we will present him with such a Bill as will enable certain designing Men to subvert the Constitution, and deprive the Inhabitants of every Liberty they think worth enjoying."
And the House adjourned to the 8th of August, and having added Mr. Hughes and Mr. Roberdeau to the Number they pro- posed to attend the Governor to Easton.
At a Council held at Philadelphia, on Monday the 27th June, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Richard Peters, and Esquires.
Lynford Lardner,
Thomas Cadwallader, John Mifflin,
One Arthur Henderson, of Frederick County in Maryland, gave Information on Oath, before One of the Justices of York County, That One Francis English, a French Man, had, with some other
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Persons, endeavour'd to entice him to go to the French Fort, telling him that several others had agreed to go; That they were to start the last of April ; That they must convene their Company in the South Mountain, then cross Connegochegue and get into the North Mountain, where a Pilot wou'd meet them, who wou'd conduct them safe to the French Fort, where they shou'd be kindly received, and furnished with good Land, and Provisions gratis, till they cou'd raise Grain enough for themselves ; and then what they shou'd raise afterwards, they might sell to the French, who wou'd allow them a good Price for it ; And if they did not incline to halt at the French Fort, they shou'd be sent, clear of Expence, to the Mississippi, or any other Part of the Country.
Henderson's Deposition was sent to Lord Loudoun, and at His Lord- ship's Instance, the said Francis Ingliss was apprehended at Conne- gocheegue by a Writ from the Governor, and committed to Carlisle Jayl, removed thence to Lancaster Jayl, and from thence to Philadel- phia. All the Particulars respecting him were extracted from Hen- derson's Information, for Heads of his Examination, which was taken, reduced to Writing, and sworn to before the Governor. If the several Matters of Fact set forth by Ingliss be true, he cou'd not be the Man of whom Henderson speaks, who was in Company with the Irish Man. It was therefore thought proper that the Examination, with the Papers left by Lord Loudoun, shou'd be transmitted to Colonel Stanwix, who might order the proper Enquiries to be made at the Places where Ingliss says he was at the Times mention'd by Henderson. He was sent back to Jayl, to remain there till the Governor shou'd receive an Answer from Colonel Stanwix, and ordered One Shilling a Day Subsistance. Ingliss says, Mr. Hoops has some Spite against him. It may not, therefore, be proper to employ him in the En- quiry.
A Letter from Major Burd of the 16th Instant, was read ; wherein He informs the Governor, that some of the Six Nation In- dians, who were at Lancaster Treaty, and were returning home, had shot at the Bullock Guard, and killed One of the Centrys. It was the Unanimous Opinion of the Council, That no Indian shou'd be admitted into any Fort, nor any more Ammunition given to them, Those who shou'd settle near the Fort only excepted, to whom Powder and Lead might be sold at a reasonable Price, for the Skins they shou'd get in hunting.
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