Colonial records of Pennsylvania, Vol. VIII, Part 25

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 812

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" We return your Honour our Thanks for your ready Concur- rence with the Commissioners of the Indian Trade, in providing an early supply of Goods for our Indian Allies, which we hope will have a good effect; and if the Act for preventing Abuses in the said Trade, should, on Experience, and a larger Extension of our Trade, require any Alterations, or a larger Stock, we shall, on all Occasions, be willing to make such Alterations or Amendments to that Act, as may render it effectual.

" Signed by order of the House.

"ISAAC NORRIS, Speaker.

, " December the 23d, 1758."

At a Council held at Philadelphia, Wednesday the 10th of Janu- ary, 1759.

PRESENT :

The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.

Lynford Lardner, John Mifflin, Esquires.

The address of the Meeting of Sufferings, presented the Four- VOL. VIII .- 16.

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teenth of December, was again Considered, and a Draught that was kept under advisement was Amended and agreed to, in these words :

"Gentlemen :

" After Teedyuscung had in the Treaty at Easton, publickly charged the Proprietaries of this Province with defrauding them of their Lands; I desired the Council to examine into the State of the Indian Treaties, Purchases, and all other Transactions with them, for my own satisfaction ; and they were kind enough to do it, and to make a Report to me of their Examinations, which fully convinced me of the Falsehood of the Charge.

"This Report I transmitted to the Proprietaries at London, to- gether with Copies of the Deeds and other Papers referred to therein ; and as this Matter principally affects those Gentlemen, who are to make their Defence against this Charge before His Ma- jesty, you will easily perceive that I cannot, consistent with my Trust, order you the Copy you desire.

"I can only say that there is not the least Reflection in it upon any Religious Society, and I conceive the meeting of Sufferings have nothing to do with it. If they think otherwise, I refer them to the Proprietaries.

" And Am, Gentlemen, "Your Most Humble Servant, " WILLIAM DENNY.

"Philadelphia, the 10th of January, 1759.

"To MOSES FORSTER, OWEN JONES, JOSHUA MORRIS, THOMAS LIGHTFOOT, and the other Members of the Monthly meeting of Sufferings."

The Secretary being indisposed, Mr. Richard Tea, his Clerk, was sent with the Answer to Owen Jones, and he was ordered to ac- quaint him that the Governor desired when those Gentlemen, or any other Members of the Society should have Business with him, they would let the Secretary know it before hand, that his Honour might appoint the Time when he would chuse they should wait on him.

At a Council held at Philadelphia, Saturday the 20th of Janu- ary, 1759.

PRESENT :

The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.

Robert Strettell,

William Logan, Benjamin Chew,

Benjamin Shoemaker,

Richard Peters, John Mifflin,

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A Second Address from the Meeting of Sufferings presented to the Governor the Thirteenth Instant, was read in these Words :

" To WILLIAM DENNY, Esquire, Lieutenant Governor of the Province of Pennsylvania, and the Council of the said Province,

" The Address of the Meeting for Sufferings, of the People called Quakers, in the said Province and New Jersey,

" Respectfully Sheweth :

" That we have Seriously considered the Answer given by the Governor the Tenth Instant, to our Address presented on the Four- teenth of last Month, and believe it to be our Duty, in Justice to ourselves and our Friends, whomever are appointed to represent, Now to renew our Request to the Governor and his Council, to favour us with a Copy of the Report of the Committee of Coun- cil appointed by the Governor to enquire into the Complaints of the Indians at the Treaty of Easton the 10th of November, 1756 ; And we humbly desire that our Address may be again Con- sidered and our Request granted, that we may have an Opportunity of vindicating ourselves from the Aspersions cast on us, and of giving a true account of our Conduct and Proceedings in the late Negotiations of this Government with the Indians, by which we have no doubt of being able to obviate any Cause of objections thereto, and making it evident to our Superiors and all others that we have acted through the Course of our Transactions in the Fear of God, with Loyalty to our most gracious King, and the most sincere Con- cern to put a Stop to the Ravages, Distresses, and Blood Shed, which prevailed on our Frontier Inhabitants, and to promote the Interest and Peace of our Country. We are the more earnestly engaged to urge this Request, as we have received undoubted Intelligence from our Friends in London, that though the Name of our Religious Society may not be Expressly mentioned in the said Report of Council, yet it evidently appears to be designed to lay on us the whole Blame of the late Indian Ravages, as a Paragraph of the said Report communicated to us is to the following Effect :

"' We cannot But impute the said Teedyuscung's making the base Charge of Forgery against the Proprietaries to the malicious Suggestions and management of some wicked People, enemies to the Proprietaries, and Perhaps it would not be unjust in us if we were to impute it to some of those Busy, forward People, who, in disregard of the Express Injunctions of His Majesty's Ministers against it, and your Honour's repeated Notices thereof served on them, would nevertheless appear in such crouds of the late Indian Treaties, and there shew themselves so Busy and active in the management and Support of the Indians in their Complaints against the Proprietaries.'

" We are Conscious of our Innocence, and that we are not justly chargeable with any to the Injury of the Proprietaries of this Pro-

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vince, either in their Reputation or Interest, and it is now too gene- rally known here to need any Proof to be offered, that many of us have used our Endeavours, as far as we could consistent with our Stations, and a due Regard to the Authority of the Government under which we live, for the resting and confirming the Peace of the Province, but as the Insinuations of our Influencing the Indians to Complain of Injustice and fraud committed by the Proprietaries or their Agents, are made use of to render us obnoxious to our Supe- riors in England, We are desirous of receiving from the Governor and Council the whole of these Charges in such manner that we may acquit ourselves, and by manifesting the Integrity of our Prin- ciples and Practices, prevent the Injuries which, by this private attack on our Characters, seem to be intended against our Interest and reputation as a Religious Society.

"As the Governor, on a former Occasion, gave us assurance that he would Countenance and protect us in our religious and Civil Rights and Liberties, and that no act should be done during his Administration, by which either of them should be affected, without our being timely acquainted therewith, and a full opportunity given us of our being. heard in our own Justification. We therefore de- sire the Governor and Council will, on this Interesting Occasion, grant us a full Copy of the said Report of Council, &cª., and there- by indulge us with the Common Rights of Englishmen, of being heard before we are Condemned.

" If the Proprietaries were here, we should make our application to them agreeable to the Governor's directions ; but as it is not practicable to do it without defeating our Intentions of doing our- selves Justice in a proper Way and Time, We desire the Governor and Council may not be displeased with this Application, but may give it the most Charitable Construction, and grant this our Rea- sonable Request.

"Signed by appointment, and in behalf of said Meeting held at Phila- 13th of the 1st Month.

"JAMES PEMBERTON, Clk."

Whilst the address was reading, a Servant came to tell the Gov- ernor that Mr. Hugh Roberts and Mr. Abel James were waiting. The Secretary was ordered to know what they wanted, and on ac- quainting the Council that they waited on the Governor and Coun- cil for an Answer to their Address, and, if it was agreeable, they would beg Leave to say something in Support of the address, or something to that Purpose, The Governor returned them an An- swer, that the Address was under Consideration, and the Answer should be sent to Mr. Roberts this Day.

Mr. Shoemaker and Mr. Logan having perused the Report of Councils which lay on the table, declared that this was a Transaction utterly unknown to them, and that the Secretary had never given

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them Notice that such Report was Drawn. Mr. Shoemaker said further, he did not so much as know that the Council were any way concerned in this inquiry, for that it was committed to James Ham- ilton, William Logan, and himself, and they had met several Times and did not agree to any Report. Mr. Shoemaker and Mr. Logan likewise said, that they had never heard of a Report being made by the Council, till they were told it by some Friends, that a Re- port was sent by the Governor to the Proprietor, in which their Society was abused; and that some People here had procured a Copy of it from London, that their Characters suffered on this Ac- count, it being known that they were of the Committee appointed to enquire into the Causes of the Complaint and Charge of Forgery made by Teedyuscung at the Treaty of Easton in November, 1756, and therefore they desired that their Ignorance of this Transaction might be entered, which was agreed to. They were further desired to draw up their own Sentiments and Accounts of it, in order that it might be inserted in the minutes.

They were told that at the very first Council, when this Enquiry was requested to be made by the Governor, all the Members of Council were desired to assist, but as they, Mr. Shoemaker and Mr. Logan, were men of Leisure, and held no Offices under the Proprie- taries, it was particularly recommended to them to assist in making the Enquiry ; That long time elapsing and nothing done, it was mentioned at the next Council held after the Treaty at Easton, in July and August, 1757, and the uneasiness the Governor was under at this Delay, appearing very great, he then and repeatedly after- wards desired all the Members would give their attendance and go through with it, and that accordingly the Members frequently met at the Secretary's, Mr. Shoemaker being sometimes present, and the Indian Deeds and other Papers relative thereto were read and ex- amined, and abundance of Conversation passed; but coming to no Conclusion, & more Time still elapsing, a Report was drawn up by the other Members and the Council regularly summoned in order to have the same read; and it was accordingly very carefully read in Council, examined, and approved.

The Secretary was then ordered by the Governor to sign the fol- lowing Letter to Mr. Hugh Roberts in Answer to the Second Address of the meeting of Sufferings :

" PHILADELPHIA, the 20th of January, 1758.

" Sr .:

"I am Commanded by the Governor to acquaint you and the other Gentlemen who delivered the second Address of the meeting of Sufferings that he has already returned an Answer to their Re- quest, and does not incline to give any other.

"I am, Sir, your most Hume Servant,

" RICHARD PETERS, Secretary. " To Mr. HUGH ROBERTS."

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The Report of Council of the Sixth of January, 1758, above mentioned, not being entered in the Council Minutes, the same is now ordered to be entered as follows:

" To the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsyl- vania and Counties of Newcastle, Kent, and Sussex, upon Dela- ware,

" The Report of the Committee of the Council appointed to enquire into the Complaints of the Indians at the Treaty at Easton the Eighth Day of November, 1756 :

"May it please your Honour :

" Agreeable to the Order of Council, appointing us a Committee to enquire into the pretended Causes assigned by the Indians at the said Treaty for their striking the English, and destroying so many of our back Inhabitants, and their Complaints of Injustice said to be done them by the Proprietaries in some of their Indian Pur- chases, we have carefully looked into and Considered the same, and also the Proprietaries' Deeds for their several Indian Purchases, from the first Settlement of the Province down to this Time, with other, the Instruments, Books, Papers, and Evidences which could furnish us with any Lights into the Affair.

" We conceive the Substance of Teedyuscung's Charge and Com- plaints (made on behalf of the Delaware Indians, &cª., at the said Treaty) may be reduced to these Five HIcads :

" Ist. That the Ground he then stood on (the Land in the Forks of Delaware) was his Land and Inheritance, and was taken from him by Fraud, and when he said this Ground, he meant all the Land between Tohiecon Creek and Wioming.

"2d. Being called on to explain what he meant by Fraud, he answered, when a Man had Liberty to Purchase Land, and he took an Indian Deed for it, and then dies, after his Death his Children Forge a Deed like the True one, with the same Indian Names to it, whereby they take Lands from the Indians which they never sold, this is Fraud.

"3d. That when one King has Land beyong the River, and another King has Land on this side, both bounded by Rivers, Mountains, and Springs, which cannot be moved, and the Proprie- taries, greedy to purchase Lands, by of one King what belongs to another, this also is Fraud.

"4th. Being asked if he had been used in that Manner, he answered, 'yes, I have been served so in this Province; All the Land from Tohiceon, the great Mountain, to Wioming, has been taken from me by Fraud ; For when I agreed to sell the Land to the Old Proprietary by the Course of the River, the Young Proprietaries came and got in, run out by a Straight Line by the Compass, and by that means took in double the Quantity intended to be sold.'

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"5th. That the Indians had been ill treated by the Out Settlers, in being refused the Liberty of cutting Firewood, and molested in their Hunting.

" In answer to which Charges we observe, in general, that upon a diligent Inspection and Examination of all the Proprietaries' Deeds for. their Several Indian Purchases, and of other original Instruments and Papers relating thereto, or Authentic Copies of them, and also of the Council Books and other Minutes and Evidences on the Subject, we find that all the Proprietaries' Transactions with the Indians, more especially in their Purchases, have been always managed with great Justice, Candour, and Fairness, and that all imaginable Cau- tion and Care were constantly taken by the Proprietaries and their Agents to have all their Bargains and Dealings with the Indians clearly explained to them by Interpreters, either of their own Choosing, or with whom they were well acquainted, and in whom they were an intire Confidence, and that when the Agreements were so explained and fully understood by the Indians, the same Care and Caution were used with respect to the Deeds, which were always well interpreted and explained to them, and then executed by the Indians in the most Solemn and Publick Manner, and Witnessed by persons of undoubted Character and Veracity ; And not content with having one Deed for each Purchase, we find the Proprietaries got many of them ratified and Confirmed by the Proper Owners of the Land and their Successors, over and over, by subsequent Deeds executed in the most Solemn and Publiek Manner.

" And with respect to the Consideration or Value paid for the several Purchases, which Teedyuscung says was sometimes but trifling and not Sufficient, we are of Opinion that Considering it is the Settling, Cultivation, and Improvement of those Lands (which at the Time of the Purchase from the Indians were all a Wilder- ness) that Principally make their Value, we cannot but think that the Consideration or Value paid the Proprietaries on those pur- chases was reasonable, and as we believe, always at least equal to, and generally much exceeded the Consideration paid by the Neigh- bouring Provinces on their Purchases from the Indians, and a great Part was generally paid in Cash, and the rest chiefly in valuable Woolen and Linon Indian Goods, and such parts' as were not so paid were laid out in the Purchase of other Commodities equally suitable and agreeable to the Indians.

"NOTE .- The Consideration in the Deed of Release, dated the 17th Sep- tomber, 1718, [from the Delaware Chiefs for all the Lands between the Rivers Delaware and Susquehannah, from Duck Creek to the Mountains on this Side Leiheigh] is but small, but that Deed was only a kind of quit Claim for the Lands which had been sold and fully paid for before. See printed Copy of Indian Treaty in, June, 1728, in which (Pa. 12 & 13) a Copy of this Deed is inserted, with a full Acknowledgment by Sassoonan & Opekasset, Two of the Parties to it, & the other Indian then present, of its being genuine and fair, and that they had been paid for all the Lands therein mentioned.

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" Before we enter upon a particular Answer to this Charge against the Proprietaries, we think it necessary to premise and observe, that the Indians being utterly unacquainted with read- ing and Writing, keep no Records of their Sales of Land, or other Transactions; and that, therefore, their Knowledge of what their Ancestors did, being only traditional, is imperfect, and often very erroneous ; a most glaring Instance whereof, appears in the present Complaints against the Proprietaries, in their Igno- rance (if it is real) with respect to the Purchase made of their An- cestors by the Old Proprietor, Mr. Penn, of the Land in and near the Forks of Delaware, to which they now pretend to set up their Claim, tho' it was actually and fairly sold by the Indian Owners thereof, so long ago as the Year 1686, as we expect fully to make appear to your Honour ; and then the whole of the said Charge against the Proprietaries will be fully answered and Confuted. For as to such parts of the Complaint as may be thought to effect or extend to the Proprietaries' Purchases in general, we think they are fully answered by our foregoing general Observations of all the Proprietaries' Indian Purchases appearing fair and just, and pre- suming that general Charges can be no otherwise answered than by general Answers.

"To proceed then with our particular Answer, We learn from Antient Books and Minutes, found amongst the Proprietaries' Deeds and Papers relating to the Transactions of those Times (Ex- tracts or Copies whereof are hereto annexed), that the Purchase of "the Land in the Forks of Delaware, &ca., was made in the Absence of the Old Proprietor by Captain Thomas Holme, his Surveyor General and principal Agent for Land Affairs, and one of the Pro- vincial Council, for a full and large Consideration of Cash and valua- ble Goods; and that the Original Deed, which was dated the 28th August, 1686, was executed and delivered to him for the Use of the Proprietor, and a Copy thereof soon after sent by him to the Pro- prietor in England. The Original of that Deed we understand is lost, but the said Antient Copy being preserved, and found amongst the Proprietaries' old Papers in England, was brought over here by Mr. Thomas Penn in 1732, as appears by a Letter of his to the Secretary, which we have seen ; and being proved to be the Hand- writing of Mr. Philip Thlehnman, then a noted Clerk in the Sec- retary and Land Offices (who dyed in the year 1687), and in whose Hand many of the Warrants, Entries, and Papers of those Times in both the said Offices appear to be wrote ; and the said Copy being endorsed by the said Captain Holme himself, and attended with other Corroborating Circumstances and Proofs; particularly, some Entries in an Antient Diary of William Markham, Esquire [some- time Secretary, and afterwards Lieutenant Governor of the said Province, and one of the Provincial Council], which mention the said Mr. Markham and Captain Holmes treating with the said Delaware Indians for the Purchase of the said Lands in the Forks,

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just before the Date of the said Deed of the 28th August, 1686. These reasons joined with the Proofs hereto annexed [to which we refer your Honour ], induce us to Look upon the said antient Copy of the said original Lost Deed to be as authentic in Law, and as much to be regarded as the said Original itself. Besides, we find that this Purchase in 1686, was allowed to be fair by the Delaware Indians themselves, at a Treaty held on Purpose to settle the Dispute be- tween them and the Proprietaries about these Lands, at Philadel- phia in August, 1737, when they signed a Deed of Confirmation for the same; and the Proprietaries, out of their Generosity, and in Compassion to the Indians' Poverty (and not as any further Con- sideration, as appears in Mr. Allen's Part of the annexed affidavit, N. 10), them made those Indians a handsome Present of Goods.

" The said Copy thus appearing to us to be genuine, fair, an- tiently wrote, and by the Proper Persons whose Business it was to write and transmit it to the Old Proprietor, we, therefore, cannot but impute the said Teedyuscung's making that base Charge of Forgery against the Proprietors (for which we suppose this Copy, being offered instead of an Original Deed, was the sole Foundation), to the malicious Suggestions and Management of some wicked People, Enemies to the Proprietaries, who had come to the Knowledge of that Circumstance of the said Deed's being lost, and that there was nothing but a Copy of it now to be found, which they would have it believed to be a forged one, being ignorant that the truth and Fairness of the said Copy would be so well proved; and per- haps it would not be unjust in us if we were to impute it to some of those busy forward People who, in disregard of the express In- junctions of His Majesty's Ministers against it and your Honour's repeated Notices thereof served on them, would nevertheless appear in such Crowds at all the late Indian Treaties, and there shew them- selves so busy and active in the management and support of the Indians in these Complaints against the Proprietaries.

" Presuming then that the Charge of Forgery mentioned in our Second Head of the Indians' Complaint is fully answered, and that by the said Proofs of the Genuineness of the said Copy, and by the said Deed of Confirmation of that Purchase of the said disputed Lands the Proprietaries' Title thereto from the Indians appears to be good and fair. We shall now [after referring your Honour for the Description of the Land granted by the said Deed in 1686, and Confirmation Deed'in 1737, which is in the same Words in both to the hereto annexed Copies No. 1 & No. 8], go on to state and An-

" NOTE .- If the Indians (who, as we have observed before, are so very Ignorant and illiterate) could be supposed capable of distinguishing betwen a Copy and an Original Writing, we think that if they had thought it false or forged they would have spoke of it when this Copy was, for want of the Original, we imagine, shown and explained to them at the said Treaty at Philadelphia in August, 1737, and not have declared themselves fully satis- fied therewith, as expressed in the Minute of that Treaty, [whereof a Copy is hereunto annexed with the affidavit, No. 10].

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swer the Several Objections to which the said Deeds for that Pur- chase may be thought liable.

" The principal Objections we Conceive are :

" Ist. That Blanks are left for the Course and Distance of the Southerly Side Line of the Tract granted, and for the Head Line, which being so left Blank, the One and Half Day's Walk could not sufficiently supply and cure that Defect in the Deed.

" 2nd. If it could, yet that the One and Half Day's journey re- quired and directed by the Deeds to be gone for ascertaining those Lines was not fairly performed by Yeates and Marshall in 1737, for the Reasons the Indians gave, as mentioned in Marshall's affi- davit, Viz· : .

"' That instead of beginning at Wright's Town and going back into the Woods a North Westerly Course, as they did, they should have gone along by the Courses of the River Delaware or the near- est path to it; That they walked too fast, and should not have kept Walking constantly, but have frequently stopped to Smoke a Pipe, &ca .; And that the Length of the Walk was unreasonable and ex- travagant.

" In answer to which Objections, we beg leave to observe, that in the Mont next after the Date of the said Confirmation Deed, and in Pursuance of the Agreement therein specified, the said One and Half Day's walk was regularly performed in the Presence of Mr. Eastburn, the then Surveyor General, since deceased; Mr. Timothy Smith, the then High Sheriff of Bucks county, in which those lands lay, who were appointed, by and on the Part of the Proprie- taries, to superintend and see the same fairly performed, with Mr. Scull and divers other Persons, and of some Delaware Indians ap- pointed by their Chiefs for that Purpose; and after the same had been fairly performed, as set forth in the hereto annexed affidavits of Edward Marshall, the Survivor of the Walkers, Mr. Scull, the Present Surveyor General, the said Mr. Smith, and several others

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Colonial records of Pennsylvania, Vol. VIII, Part 25

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 812

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 812