USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 77
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
Mr. Plumsted read the Message, and then said, they had it fur- ther in charge, from the House, to acquaint the Governor, that the House inclined to adjourn to the First Monday in January, thinking the Business of the Lower Government would detain the Gover- nor a long while at Newcastle. The Governor expressed a good deal of Surprise, that the House could think of making so long an Ad- journment, or indeed of adjourning at all, having so many things of Moment to consider, and desired the House would proceed, im- mediately, to prepare the necessary Bills, that they might be ready to be laid before him on his Return; which he expected would be in ten Days, or a Fortnight. As to the Indian Trade Bill, his Honour said he would consider it, and give the House an Answer his soon as possible.
" The Bill was then read, and being found to be the same with the one lately rejected, it was unanimously concluded, that the same Amendments should be made to it, except that as John Hughs, James Wright, William Calendar, Evan Morgan, William Fisher, John Meas, and Samuel Wharton, were nominated Com- missioners in the Bill, the first and last should be struck out, and instead of its being in Force for Three Years, it should be amended to be in Force only for one Year. The Amendments were accord- ingly drawn up in Council, and the Governor advised if the House wou'd not agree to them, not to pass the Bill. A Message was likewise drawn in answer to the one delivered by the Two Mem-
761
PROVINCIAL COUNCIL.
bers, and the Secretary ordered to carry it to the House, with the following Amendments to the Indian Trade Bill :
Amendments to the Bill entituled " An Act for preventing Abuses in the Indian Trade," &cª.
" Ist. Pa. 2, Ant. Pen. Line. Dele the Words [John Hughes].
" 2d. Pa. 2, Pen. Line. After the Word [Fisher] insert the Word [and].
"3d. Pa. 2, Pen. Line. Dele the Words [and Samuel Whar- ton ].
" 4th. Pa. 3, Line 5. Dele the Words [once in every Year] and instead thereof insert the Words [at the Expiration of this Act].
" 5th. Pa. 3, Lines 9, 10, 11, 12, 13. Dele Lines [9, 10, 11, 12, 13] and insert [and that during the Continuance of this Act, as often as there shall be Occasion, one or more suitable Person or Persons shall be recommended by the said Commissioners for In- dians' Affairs to the Governor, or Commander-in-chief of this Pro- vince, who, if approved of by him, shall be commissionated as Agent or Agents, to carry on the Trade with the Indians, and shall reside in such Place or Places, as he or they shall be ordered and directed by the said Governor and the said Commissioners for In- dian Affairs who shall].
"6th. Pa. 3, Line 22. After the Word [the] add as follows : [Governor and Commander-in-Chief of this Province for the Time being, by and with the Approbation of a Majority of the].
" 7th. Pa. 3, Line 29. Dele the Words [or in such other Place as they shall think proper within this Province].
" 8th. Pa. 4, Lines 10, 11. Dele the Words [recommended to the Governor by the said Commissioners, for his Approbation] and instead thereof insert as follows, to wit : [appointed and commis- sionated for that Purpose by the Governor and Commander-in-Chief of this Province].
9th. Pa. 4, L. 14. Dele the Words [they and cach of them].
10th. Pa. 5, L. 1, 2. Dele the Words [said Commissioners for Indian Affairs with the Assent of the Governor] and insert the Words [Governor and Commander-in-Chief, with a Majority of the said Commissioners ].
" 11th. Pa. 5, L. 16. After the Word [the] add as follows : [Governor and Commander-in-Chief of this Province for the Time being, with a Majority of the ].
" 12th. Pa. 6, L. 1, 2. Dele the Words [said Commissioners for Indian Affairs ] and instead thereof insert [Governor and Com- mander-in-Chief of this Province for the Time being, by and with the approbation of a Majority of the said Commissioners, or the Survivors of them.
762
MINUTES OF THE
" 13th. Pa. 6, L. 4. After the Word [the] add [Governor or Commander-in-Chief of this Province for the Time being, by and with the Approbation of a Majority of the].
" 14th. Pa. 6, last Word 10th Line. After the Word [the] add [Governor or Commander-in-Chief, with a Majority of the ].
"15th. Pa. 6, L. 14. Dele the Words [at least once a year] and instead thereof insert [at the expiration of this Act].
" 16th. Pa. 6, L. 14, 15. Dele the Words [yearly or oftener, if required ].
"17th. Pa. 6, L. 28. Dele the Words [by them].
" 18th. Pa. 6, L. 29, 30. Dele the Words [as they with the Approbation of the Governor] and instead thereof insert [in such manner as the Governor, by and with the Approbation of a Ma- jority of the Commissioners for Indian Affairs].
" 19th. Pa. 8, L. 2. After the Words [Affairs] add [to be dis- posed of in manner].
" 20th. Pa. 8, L. 4, 5. Dele the Words [And to be disposed of by them in Manner aforesaid].
" 21st. Same Page. Dele the Lines [18, 19, 20] as useless, being included in the Second Amendment.
"22d. Pa. 8, L. Pen. Instead of the Words [Three Years] say [One Year]."
The Governor received the following Intelligence last night from Governor Delancey, which was read, order'd to be entered, and sent to the House with the Message and Amendments :
"NEW YORK, 17th October, 1757. " Sir :
" I had a Letter from Sir William Johnson, of the 14th Instant, acquainting me that a Number of Seneca Warriors were gone out with a Design to join the Delawares or River Indians and fall on the Southern Provinces, Minisink and Esopus. This intelligence he received from a Seneca Indian he sent out into that Country. I thought it necessary to give you Notice of this, and am,
" Sir, Your Most Obedient Humble Servant,
"JAMES DELANCEY."
-
" NEW YORK, 20th October, 1757.
" Sir :
" The following is a Copy of a Letter from the Onohaghguaga Sachems to Sir William Johnson, of the 5th Instant, which I yes- terday received from General Abercrombie. The Indians have already begun on our Western Frontiers, For besides the affair of
763
PROVINCIAL COUNCIL.
Carr on the 12th, they attacked the House of Sase, the South-west part of Rochester, Killed his Daughter and Two Men who were posted their as Scouts.
" I am, Sir, Your Most Obedient humble Servant,
" JAMES DELANCY."
" ONOHAGHGUAGA, October 5th, 1757. " Brother :
" These are to inform you that about Three Days ago we had News of a Company of about Thirty Men being at Cheningo going to War against our brethren, the English. We immediately sent Two of our Men to Stop them, but in Spight of all that we and our brethren, the Nanticokes, could do, they marched a long untill we met them a Second Time, where, after a Long Council, they all turned Back but nine, who were all Cayugas, who are gone along, but to what place they are designed we know not. 'Tis two Days now since they passed by ; they say they had thoughts of going to Esopus, but did not certainly know, untill they meet at a Place on Del- aware River, about 20 Miles from hence, where we Suppose a Number of Delawares will join them. Now we beg of you to be Strong, Brother, and not Keep this News private, but to give Notice to all the Towns round about there, for it is certainly true, for we saw them with our own Eyes. They also inform us that there is an other great Compay not far from Tiaoga coming the same Way, mixt with French, and will be here in a few Days. Now, we being altogether, send you our Love and Service, hoping they will find you well and in Peace, as we are at present. In great haste, from your Brethren,
"THE CHIEFS OF ONOHAGHGUAGA."
A Message from the Governor to the Assembly. "Gentlemen :
" My Message of the Seventeenth fully shews my opinion of the necessity of a Good Law to regulate the Indian Trade within this Province, but as I am a Branch of the Legislature, neither that Necessity, nor the publick Faith pledged to the Indians on pre- sumption of a proper Bill being offered, can justify me in passing one that appears inadequate to the Good Ends proposed, or that deprives the Government of having a due share in the Manage- ment of an affair wherein his Majesty's Interest is so intimately concerned; I took in Consideration the Bill, entituled an Act for Preventing Abuses in the Indian Trade as soon as I received it, and now return it to you with such Amendments thereto as appear
764
MINUTES OF THE
to me both just and reasonable, in which I hope I shall have your Concurrence, Though I intended to set out for New Castle this Morning early, to meet the Assembly of my other Government; I have this Bill so much at Heart, that I have delayed my journey till the Afternoon, before which, I hope, I shall Know the Result of your Determinations upon the Amendments proposed.
"I now lay before you a Letter I received Last Night from the Governor of New York, with intelligence that a Number of Seneca Warriors are gone to join the Delawares, or River Indians, and fall on the Southern Provinces, Minisink and Esopus. This, among other Reasons induces me again to press you to proceed on the Sev- eral important Matters recommended to you in my Last Message, without Loss of Time.
"I hope my Journey to New Castle will not Occasion you to ad- journ over to a further Day, as I am persuaded I shall not be de- tained there above a Fortnight at most, against which Time you may prepare such Bills as were recommended to you.
"WILLIAM DENNY.
" October 20th, 1757."
William Moore, Esquire, Judge of the Common Pleas and one of the Justices of the Peace for the County of Chester, presented the following Address to the Governor whilst the Council was sit- ting; it was read and ordered to be entered :
" To the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsyl- vania, and Counties of New Castle, Kent, and Sussex, upon Delaware,
" The Humble Address of William Moore, One of the Justices of the Peace for the County of Chester :
" May it please your Honour :
" Whereas, the Late Assembly of this Province, upon a Number of groundless and scandalous Petitions, most shamefully procured against me by one or more of their own Members, from sundry Persons of mean and infamous Characters, did, on the Twenty- Eighth of September last, present to your Honour and order to be published in the Common Gazette, a most virulent and scandalous Address, charging me in the bitterest Terms, with divers Misde- meanors and corrupt Practices in my Office without exhibiting any other Proof thereof than their own unjust Allegations, founded on the Evidence of the said Petitioners, procured as above, and taken ex parte before themselves, who were invested with no legal Capa- city nor Authority for so doing. And Whereas, at the same time that the aforesaid late Assembly presented and published such heavy Charges against me, they did most unjustly suppress and keep back from your Honour and the World, my memorial delivered to them
765
PROVINCIAL COUNCIL.
in my own Defence Six Days before the presenting or publishing their aforesaid Address, endeavouring as far as in their Power to influence your Honour against me by a partial Representation of my Case and to make the World condemn me unheard, as they them- selves have in Effect done, thereby acting a part unworthy of any Publick Body, except the most oppressive; Wherefore, for your Honour's Satisfaction, and in Justice to my own Reputation, least the aforesaid Address should fall into the Hands of any Per- sons who may not Know the Character of the late Assembly, nor the particular Motives of their Rancour against me, I beg leave to make some further Remarks to yr. Honour, and Hope to be in- dulged therein with all that Justice, Candor, and Patience, which are due to one to is pleading his Cause against the severest and most grievous Accusations, and in points the most nearly affecting his Character and Interest.
"Ist. It appears from the minutes of Assembly, November, 1755, Page 54, that the Country being then in the utmost Confusion and Distress, and the Savage Knife of the Enemy hourly plunged in the Breast of some of the miserable Frontier Inhabitants, I joined with many others (who were too deeply effected with the sufferings of their Bleeding Fellow Subjects to be silent) in representing to the as- sembly the ill Effects of the Deputies in which they were then engaged ; the alarming Situation of the Country thro' the want of a Militia Law, and the Terrible Destruction made on our Frontiers on that account ; beseeching the Assembly, at the same time, that if their Consciences tied them up from doing their Duty in points of such high Consequence to the preservation of the Lives and Properties of People committed to their protection, to resign their Seats to others.
" That I not only signed such a Petition as this in Conjunction with Thirty-five of my Neighbors, dated the 5th November, 1755 (as is set forth in the aforesaid minutes), but also drew up the same with my own hand. I readily own and think I should not have been acquitted in my own Conscience, if I had neglected such an Act of Duty to my Distressed and suffering Country at that Time. From the delivering the aforesaid Petition, I may justly date the commencement of the Virulence of the party against me. To the same cause is to be attributed all the Petitions procured against me by one of Members, or rather Fools of the Late Assembly, thro' the most unjustifiable Practices, many of them at a Tavern, and at a Time when the Petitioners were rendered incapable of reading and knowing What they signed ; and by the Same Methods, might have been made to sign Petitions against their nearest and most innocent Relations.
"2nd. As to the Address itself, it appears to agree well enough with the Motives of its auth's and abetters ; It is, from beginning to end, one Continued String of the Severest Calumny and most
/
766
.MINUTES OF THE
rancarous Epethets conceived in all the Terms of Malice and Party rage, exaggerated and heaped one upon another in the most lavish manner.
"3rd. It asserts evident Falsehood, in saying that I refused to obey a Summons from the House to answer to the Charges against me. For, in the first place, I never had any Summons, but a pri- vate Notification from the Clerk, acquainting me of the Day fixed for hearing the Evidence against me. In the Second Place, I did appear before the House, and delivered to them my Reasons for declining to be tried before them, where my Cause could not be Cognizable, as they had it not in their Power finally to acquit or Condemn me. The Trial by Juries, and a Judgment by our Peers, (and not by the Parties against us), I take to be one of the greatest Privileges of an Englishman; which if I had submitted to give up in my Case, by agreeing to be tried by a House of Assembly, and even by my Accusers themselves, I ought not only to have been deemed void of all Reason, and unworthy of the Commission I have the Honour to bear, but my Name would also have deserved to be had in Reproach among all Freemen ; and a House of Representa- tives, who should be the Guardians of Liberty, ought to have been the Last Persons to Propose such an infringement of the Rights of a British Subject. By these Considerations, founded on the Princi- ples of Freedom and a Love of our excellent Constitution, my Con- duct was actuated, tho' it would otherwise have been much more agreable to me to have confronted those Slanderers of my Char- acter, and vindicated myself as I am desirous of doing before your Honour, or any impracticable and Legal Judicature.
" 4th. The last thing I would observe with regard to the Con- duct of the Late Assembly in my case is, that it must be an Inlet and Encouragement to much False Swearing, if the Evidence of such Partial and Corrupt Witnesses is taken in their own Cause, Coran non Judice, where they are not punishable by Law for per- jury. For in such Cases, when Persons have not been procured to assert Facts by way of Petition, and are then brought before a Pub- lick Body in Support of them, The Transition from asserting to Swearing will be no Difficult one among Them.
" Upon the whole, then, it may be submitted whether the Charac- ter drawn of me by the Late Assembly, does not agree perfectly well with their own Conduct, Viz :- That regardless of the impar- tial of just Discharge of their Duty, and Wickedly through an avaricious Disposition (to usurp Powers that do not belong to them), and designedly to oppress and distress me ; they have misbehaved themselves greatly in their said Office, by taking Wages of the Publick under Color of their said Office, where no Services have or could be done to the Publick, and by encouraging the bringing a Number of Petty Petitions before them, by corrupt and wicked Practices, in order to gratify their Party Rancour. It may also be
767
PROVINCIAL COUNCIL.
submitted, whether it would not have redounded more to their Credit if, instead of making use of their Power to sit as the Perse- cutors of those who have opposed their unjustifiable Measures, they had employed their Time, and the Publick Money, to better Pur- poses, by taking Pity on the Sufferings of their Distressed Con- stituents, and Putting their Country in a Posture of Defence. Had they done so, perhaps it might have saved the shedding of much innocent Blood, and prevented much Strife and Contention among Neighbours.
"The treatment I have received in having my name branded in the publick Gazettas, before I had time to be heard by your Honour, or tried by my Peers, will, I hope, Justify the Freedom I have used with my Opponents on this Occasion; sorry I am to think that their Conduct has been so diametrically Opposite to that Justice and Humanity which heretofore distinguished their Predecessors in assembly, and which yet distinguish the Sober and better Part of the Inhabitants of this Province. Will not the perusal of such virulent and malignant Papers induce the World to think that Penn- sylvania is no longer the Land of Brotherly Love, Forbearance, and meekness, but of the most bitter Persecution and severe Calumny. For my Part, I doubt not of being able to Justify my Conduct to your Honour and the World ; and while that is the Case, I am little Solicitous about the Censure of an Assembly whose particular Talent and Characteristic have been Slander and Obloquy. And it is a favourable Circumstance for me that in the Same Gazette that had convey'd to the Publick their unjust attack upon my Character, they have exhibited a Message to your Honour which will be a standing monument of Scurrility and abuse seldom equalled in a Civilized Country; And I had no Reason to Expect that any greater regard would be shown to me in falling under their Displeasure than they have already shewn to your Honour and your Worthy Predecessors, to all the Members of your Council without exception, and to some others of the Fairest and best Characters in the Province, who have been loaded from Time to Time with the severest Reproaches that Malice could invent or bestow ; not even refraining to brand them with the Names of Tyrants and Oppressors, &ca., as it is well Known both here and abroad. After such Considerations as these I am so far from thinking it my Misfortune to have been mark'd out as an object of their Resentment, that were I so vain as to desire my name should be transmitted to Posterity, I think it could not be done in a manner more advantageous to my Character than in the Proceedings of the Late Assembly, providid it appeared that I had bore my Constant Testimony against them, and that they spoke ill and not well of me.
" I shall not trouble your Honour any further on this Subject at present, hoping what I have said will be sufficient to shew to your Honour the Spirit by which my Accusers have been actuated, and
768
MINUTES OF THE
to prevent the Consequences which they might have intended by their Misrepresentations of me.
"I am your Honour's most Obedient, most Humble Servant, "WILLIAM MOORE.
" October 19th, 1757."
MEMORANDUM.
On the 20th October the House sent to the Governor a Paper of Amendments admitted, but none of the essential Amendments being agreed to, the Governor returned the Bill in the Afternoon by the Secretary, with a Negative, in these Words :
" The Governor returns the Indian Trade Bill with a verbal Mes- sage by me, that he adhered to all his Amendments; otherwise, he should give up the essential Rights of Government, which he did not chuse to do."
MEMORANDUM.
The next morning the Governor went to Newcastle, and the House sat till Saturday, and then adjourned to the Second Day of January next.
At a Council held at Philadelphia, Thursday the 25th November, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Richard Peters, Esquire.
Connestogoe Indians.
Jo. Hays, Chief, and Two more.
Thomas McKee.
Delaware George.
The Governor acquainted Delaware George that he had received his Messages with the 'Two Strings of Wampum-one in behalf of the Three Mohock Girls, who petitioned to be sent to Sir William Johnson, and the other in behalf of himself and his Wife for Cloathes, &ca., and had recommended his Requests to the Commis- sioners. Then Jo. Hays, in behalf of the Connestogoe Indians, requested they might receive Provisions and Cloathes as they had done before, and one of them complained that he had never been paid for an Horse which he lent John Shick Calamy and his Sister, and which had never been returned to him. The Governor promised
769
PROVINCIAL COUNCIL.
to recommend his Requests to the Commissioners, and accordingly wrote a Letter to them, which was to be delivered the next Day.
At a Council held at Philadelphia, Saturday the 27th November, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Benjamin Shoemaker,
John Mifflin,
Richard Peters,
Lynford Lardner, - Esquires.
The Minutes of the preceding Councils were read and approved.
The Members of Council having enquired into the Characters of the several Persons recommended to be put into the Commission of the Peace for the County of Philadelphia, the List was settled as follows, and a Commission ordered to issue :
" The Members of Council.
" William Coleman, John Jones, John Roberts,
" Joshua Maddox, William Peters, Archibald McClean,
" Septimus Robinson, Attwood Shute, Enoch Davis,
" John Potts, Alexander Stedman, William Dewees,
" Rowland Evans, Samuel Mifflin, John Koplin,
" William Plumsted, Jacob Duchee,
George Evans,
" Henry Pawling, Isaac Jones,
Isaac Asheton."
" Samuel Ashmead, Evan Thomas,
It was recommended to the Members of Council to consider the Commission of the Peace for Northampton, Lancaster, and Berks Counties ; and the following Persons were approved of for the County of Northampton :
" William Plumstead, Timothy Horsfield, Lewis Klotz,
" Thomas Craig, Peter Traxler, George Rex,
" Hugh Wilson, Aaron Dupui, Thomas Armstrong,
" James Martin, William Parsons, Conrad Hess."
VOL. VII .- 49.
770
MINUTES OF THE
At a Council held at Philadelphia, Thursday the 1st December, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Richard Peters, Esquire.
Indians : Teedyuscung, Moses Tatamy, Pumpshire.
Teedyuscung acquainted the Governor that he was come to wait on him on his Return from Wyomink ; He was not provided with Wampum, and hoped the Governor would excuse it, as he had nothing to propose, but only to relate to the Governor what had passed, and to observe some things to him. 'The Governor ex- pressed his Satisfaction at seeing him safely returned, and acquainted Teedyuscung that he would be glad to hear whatever he had to say; on which the Chief spoke as follows :
" Brother :
"It would be proper, always, to consider what we are about. In the last Business I had too short notice. You sent a Letter to me that the Commissioners were set out, and would be at Wyomink in such a Time. I was without Interpreter, and some other People were at a Distance, that were necessary to go with me. I sent for the Interpreter; I staid four Days, and was obliged to go without him; not having sufficient Warning, the other People could not have Time to come. When the Commissioners arrived at Wyomink, there were but Thirteen Indians; I looked at their Horses, and saw there was no Hay ; I looked to the Clouds and Sky ; I felt it then cold, and expected it would snow, and become much colder. I advised with the Commissioners, whether it would not be better, if they only began to build some Houses now and finish in the Spring. They agreed with me it would be better so to do. The Indians were all out a hunting ; I could not collect them ; so we all left off and returned home. In the Spring, I hope they will be sent again. Then all the necessary Indians shall be collected ; but, pray give me longer Notice than you did the last Time. Let every thing be got ready, and let the Notice be sufficient. I hope the Governor will not be offended with my Freedom; he will oblige me to do the same whereever he finds my way of doing Business in any wise amiss."
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.