USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 4
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"9th Ament., Page 5, last line. After the Word [The] add as follows: [Governor and Commander-in-Chief of this Province, by and with the approbation of the].
" 10th Amt., Page 6, Line Ist. Dele the Word [who], and after the word [affairs ] add [or a Majority of them, or the Survivors of them, which said Commissioners ].
" 11th Am'., Page 9, Line 21st. Dele the Words [Commissioners for Indian Affairs] and instead thereof insert the Words [The As- sembly of this Province for the Time being].
" 12th Amt-, same Page, line 22. After the Word [appearing] add as follows, Viz: [To them on the Settlement of the said Com- missioners' Accounts ].
" 13 Amt., Same Page, line 24. Dele the Words [their Hands] and instead thereof insert the Words [the Hands of their Speaker].
" 14th Amt-, Page 11, Line 20. After the Word [or] add [if Conscientiously Scrupulous of takin an Oath, then].
" 15th Amt-, Page 11, Lines penult & Last. Dele the Words [said Commissioners for Indian Affairs, with the Assent of the Governor] and instead thereof insert the Words [Governor and Commander-in-Chief of this Province, with the Approbation of the said Commissioners for Indian Affairs, or a majority of them, or of the survivors of them ].
" 16th Amt-, Page 12, Line 11. After the Word [Such] insert the word [Legal].
"17th Am., Page 13, lines 20-21. Dele the Words [as they, with the approbation of the Governor, shall think most prudent
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and suitable] and instead thereof insert the Words [in manner aforesaid ].
" 18th Amt-, Page 14, line 7. Dele the Words [Commissioners their ].
"19th Amt-, Page 15, line 15. Dele the Words [by them].
"20th Amt, Same Page, line 10. After the Word [the] add the Words [Governor and Commander-in-Chief of this Province, and the said].
"21st Amt-, Page 16, line 6. After the Words [aforesaid] in- sert this Clause, Viz': [And be it further enacted by the Authority aforesaid, that during the Continuance of this Act, any of the Per- sons herein appointed, or that hereafter shall be appointed Commis- sioners for Indian Affairs shall be elected Members of Assembly of this Province, that then such Person or Persons so to be elected shall thence cease to be Commissioner or Commissioners for Indian Affairs, and others shall be appointed in their stead, by Act of Legislature of this Province; and in the mean Time, until such Appointment, the other Commissioners herein before nominated and appointed for Indian Affairs, or the Majority of them, or of the Survivors of them, shall, and they are hereby authorized and im- powered to Act as Commissioners for Indian Affairs, and shall have the same Powers and Authorities as are herein before given to all the said Commissioners by this Act nominated and appointed, any- thing herein before mentioned or contained to the Contrary thereof in any wise notwithstanding].
"16th February, 1758."
At a Council held at Philadelphia, Saturday the 18th February, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell, ? Joseph Turner, Benjamin Chew, John Mifflin,
Esquires.
The Governor received this morning, by Two Members, the Assembly's Answer to the Amendments made by his Honour on the Sixteenth, to the Bill for preventing Abuses in the Indian Trade, which were read and considered, and ordered to be entered.
A Reply thereto was ordered to be drawn up, to be laid before · the next Council.
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" Answer to the Governor's Amendments sent down to the House, on the Bill for preventing Abuses in the Indian Trade, &ca.
" Amend" Ist. The House adhere to the Bill.
" 2d. The House adhere to the Bill.
"3. Rejected unanimously; but the House have named Nine Com- missioners, instead of those inserted in the Bill, Viz': John Rey- nolds, Plunket Fleeson, Daniel Rundle, Thomas Wharton, Peter Chevalier, jun ., Thomas Coombs, Joseph Richardson, Merch"., Enoch Story, & James Pemberton.
" 4. The House adhere to the Bill, being of opinion, that re- taining the Words [anything herein contained to the contrary not- withstanding] will prevent the necessity of repeating the Words [or a Majority of them, or the Survivors of them] in many Parts of the Bill.
"5th. The House agree to the Governor's Amendment.
"6. The House agree to the Governor's amendment.
" 7. The House agree to the Governor's amendment.
"8. The House adhere to the Bill.
"9. The House agree to the Governor's Amendment.
"10. The House agree to the Governor's Amendment.
" 11. The House agree to the Governor's Amendment.
" 12. The House agree to the Governor's Amendment.
"13. The House agree to the Governor's Amendment.
"14. The House agree to the Governor's Amendment.
"15. The House adhere to the Bill.
"16. The House adhere to the Bill, with the Addition of these Words, Viz": [consistent with these Act] to be inserted after the Word [directions ] in Page 12, Line 12. .
" Ament 17. The House adhere to the Bill.
" The House adhere to the Bill, and instead of the Governor's proposed Amendment, have added the following Clause to be in- serted in Page 7, after the words [publick Interest ], Viz: [And ' be it enacted by the Authority aforesaid, that the said Commissioners, or any or either of them, shall not directly or indirectly buy, sell, barter or exchange, or Trade with any Indian or Indians, on his or their own Account, or on the Account of any other Person or Per- sons whatsoever, nor suffer any Person under his or their Directions so to do, during the Continuance of this Act, but for the Account of the Province only, under the penalty of one hundred Pounds for every such offence, to be recovered in the Same manner the other Fines and Penalties inflicted by Virtue of this Act are directed to be recovered, one-half thereof to the Informer, or the Person that
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shall sue for the same, And the other half to be applied to the uses of the said Indian Trade'].
" Amendt 19th. The House adhere to the Bill.
"20. The House adhere to the Bill.
"21. Rejected, N. C. D.
" Signed by order of the House.
"CHARLES MOORE, Clk. of Assembly."
MEMORANDUM.
On the Twentieth of February, the Governor, by the Secretary, sent the following Letter from Lord Loudoun to the House, with a Verbal Message that his Honour earnestly recommended the House would take the Contents thereof into their immediate Consideration :
A Letter from Lord Loudoun to Governor Denny. "NEW YORK, February 13th, 1758.
" Sir :
" As I am directed by his Majesty to apply to the several Gov- ernments in North America, for such aid and assistance as are necessary for carrying on a War in this country, which is Likewise fully expressed in the Several Letters Transmitted by his Majesty's Secretaries of State, down from Sir Thomas Robinson's Letters to them of the 26th of October, 1754, To this Time, directing that they should correspond and Co-operate with his Majesty's Comman- ders-in-Chief for the Time being, in North America, and that they will use their utmost endeavours to Induce their Councils and As- semblys to give the necessary orders for raising their Quotas of Men with the greatest Expedition, so that they may be ready to march to such Places as the Commander-in-Chief shall direct.
"In Consequence of which Orders, I do now apply to you to use your utmost endeavour with your Council and Assembly, to Fur- nish a Body of Eight Hundred Good Men, and that as many of them as possible should be used to ranging to act in Conjunction with his Majesty's Forces the next Spring in carrying on Vigorous and Offensive Measures against the Enemy, over & above what is necessary for the Defence of your own Forts on the Frontiers of your Province, and that this Body should be ready to March by the Beginning of April.
"As this will Occasion the raising an additional Number to what your Province now have, I would propose to you that the Addition should be raised only for the Campaign, and to be dismissed at the end of it, by which means I am of opinion that it will not only be less expensive to the Province, but you will the Sooner Compleat
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your Quota with Good Men, as they will be enabled to return to their own Habitations in the Winter.
" I am the further induced to expect that they will readily com- ply with this request that I will, as soon as they join his Majesty's Forces, supply them with the King's Provisions at the Expence of the Crown, which will greatly ease the Province in that Material Article, and as the Service will be an immediate Benefit and Security to your Province.
"I need use no Arguments to induce you, who are so well acquainted with the Interest of this Country, to use your utmost endeavour to forward this Measure, so essential for carrying on the War & the safety of your own Province.
"I am, with Regard, Sir, "Your most Humble Obedient Servant,
"LOUDOUN."
At a Council held at Philadelphia, Monday, 27th February, 1758. PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Joseph Turner,
Benjamin Chew,
Lindford Lardner, John Mifflin, Esquires.
Thomas Cadwallader,
The Reply to the Assembly's Answer to the Governor's proposed Amendments to the Bill for Preventing Abuses in the Indian 'Trade was read and approved, and the Secretary directed to return the Bill to the House with the Governor's Amendments, as follows :
" Reply to the Assembly's Answer to the Governor's Amendments to the Bill for preventing Abuses in the Indian Trade.
" Amendt 1st. The Governor adheres to the Amendment.
"2d. The Governor adheres to the Amendment.
"3d. The Governor rejects Seven of the Persons named by the Assembly, To wit : Plunket, Fleeson, Daniel Rundel, Thomas Whar- ton, Thomas Coombs, James Pemberton, Enoch Story, and Peter Chevalier, jun™- and in their stead recommends to the House the following Gentlemen, Viz: William Coleman, Evan Morgan, Wil- liam Cox, Amos Strettel, Thomas Gorden, Redmond Cunningham, and John Rhea.
"8th. 'The Governor will withdraw this amendment, provided the words [Governor and] are inserted after the word [by] in the first line of Page 5, and the Word [three] in the 3d and 17th lines is altered to the Word [Six], and the Words [Governor and] are in- serted in the 15th Line of the same Page after the Word [the].
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" 15th. The Governor will adhere to this Amendment.
" 16. The Addition proposed by the House, being virtually the Same with the Amendment proposed by the Governor, he Con- sents thereto, and withdraws his Amendment.
" 17th. The Governor adheres to his amendment.
"18th. The Governor adheres to his Amendment, & rejects the addition proposed.
" 19th. The Governor adheres to his Amendment."
" 20th. The Governor adheres to his Amendment.
" 21st. The Governor adheres to his Amendment.
" Amend, 22d. Page 16, Line penult. Dele the Word [Five] and insert [Three ]."
-
MEMORANDUM.
On the Twenty-Eighth of February Two Members waited on the Governor with an Answer from the House to the Governor's Reply to the Assembly's Answer to his Honour's Amendment to the Bill for Preventing Abuses in, in the Indian Trade, which follows in these words :
" Answer to the Governor's Reply to the Assembly's Answer to his Honour's Amendments on the Bill for Preventing Abuses in the Indian Trade, for supplying Indians, Friends and Allies of Great Britain, with Goods at more easy rates, &ca.
" Amend. 1st. The House adhere to this Bill.
" Amendt 2d. Adhere to the Bill.
" 3d. Adhere to the Bill.
" 8th. Adhere to the Bill.
"15th. Adhere to the Bill.
" 16th. Adhere to the Bill.
"17. Adhere to the Bill.
" 18. Adhere to the Bill.
" 19. Agree to the Governor's Amendment.
"20. Adhere to the Bill.
" 21. Reject it, N. C. D.
"22. Agree to the Governor's Amendment.
" Signed by order of the House.
" CHARLES MOORE, Clk. of Assembly."
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At a Council held at Philadelphia, Tuesday, 7th March, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Benjamin Shoemaker,
Robert Strettel,
Richard Peters,
Benjamin Chew,
Lynford Lardner,
John Mifflin,
Thomas Cadwallader, ,
1 Esquires.
The Governor received this morning by express, Two Letters from the Secretary of State, Dated at Whitehall the 30th Decem- ber, 1757, which were read, considered, and ordered to be entered.
" WHITEHALL, 30th December, 1757.
" Sir :
"The King having Judged proper that the Earl of Loudoun should return to England, and his Majesty having been pleased to appoint Major Gen1. Abercrombie to Succeed his Lordship as Com- mander-in-Chief of the King's Forces in North America, with the same Powers and Authorities, I am commanded to signify to you his Majesty's Pleasure that you do apply to & correspond with Major Gen1. Abercromby on all Matters relating to the King's Service ; & that you do Obey such orders as you shall receive from him, in the same manner as you were directed to do with regard to the several former Commanders-in-Chief in North America, and you will from time to time give Mr. Abercromby all the Assistance & Lights in your Power, in all matters relative to the Command with which the King has honoured him.
" And I am particularly to signify to you his Majesty's Pleasure that in case Major Gen1. Abercromby, or the Commander-in-Chief of his Majesty's Forces, shall at any Time apply to you to lay an Embargo on all Ships within your Province, you do strictly comply with the said request for so long a time as the Commander- in-Chief shall desire.
"The King having resolved to send a considerable Squadron of Ships of War the Ensuing Year to North America, I am further to signify to you his Majesty's Pleasure that you do from time to time transmit to the Commander-in-Chief of the King's Ships in North America, all intelligence relative to his Department in the same manner as you were directed to do by my Letter of the 19th of last February to Vice Admiral Holbourn, & it is also the King's Plea- sure that you do on any application from the Commander-in-Chief of the King's Ships, use all Legal methods to supply him with such a Number of Sailors and Workmen from your Province as he shall at any time require for his Majesty's Service.
" I am, Sir, your most Obedient humble Servant,
"W. PITT."
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PROVINCIAL COUNCIL.
" WHITEHALL, 30th December, 1757.
" Sir :
" His Majesty having nothing more at Heart than to repair the Losses and Disappointments of the Last inactive and unhappy Campaign, and by the most Vigorous and extensive Efforts to avert, by the Blessing of God on his Arms, the Dangers im- pending on North America, and not Doubting but all his faith- ful & brave Subjects there will chearfully co-operate with and second to the utmost the Large Expence and extraordinary Suc- cours supplied by this Kingdom for their Preservation and Defence, And his Majesty Considering that the Several Provinces from Penn- sylvania, inclusive to the Southward, are well able with Proper En- couragement to furnish a Body of several Thousand Men to join the King's Forces in those parts for some offensive operation against the Enemy; And his Majesty not judging it expedient to limit the Zeal and Ardour of any of his Provinces by making a Repartition of the Forces to be raised by each respectively for this most im- portant Service, I am commanded to Signify to you the King's Pleasure that you do forthwith use your utmost Endeavours and In- fluence with the Council and Assembly of your Province to induce them to raise with all Possible Dispatch as Large a Body of Men within your Government as the Number of its Inhabitants may allow, and forming the Same into Regiments as far as shall be found convenient ; that you do direct them to hold themselves in readiness as early as may be to march to the Rendezvous at such Place or Places as may be named for that Purpose by Brigadier General Forbes, appointed to Command his Majesty's Forces in those Parts, in order to proceed from thence in Conjunction with a Body of his Majesty's British Forces, & under the Supreme Command of Briga- dier Forbes, appointed as above so as to be in a Situation to begin by the first of May if Possible, or as soon after as shall be any way practicable, such offensive Operations as shall be judged by the said Commander of his Majesty's Forces in those Parts most expedient for annoying the Enemy, and most efficacious towards removing & repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this Important Service the King is pleased to leave it to you to issue Commissions to such Gentlemen of your Province as you shall Judge from their Weight and Credit with the People and their Zeal for the Public Service may be best disposed and enabled to quicken and Effectuate the Speedy levying of the Greatest Number of men. In the Disposition of which Commissioners I . am perswaded you will have nothing in View but the good of the King's Service and a due Subordination of the whole when joined to his Majesty's Commander. And all officers of the Provincial Forces as high as Colonels inclusive are to have Rank according to their Several respective Commissions in Like manner as is already
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MINUTES OF THE
given by his Majesty's Regulations to the Captains of Provincial Troops in America.
" The King is further pleased to furnish all the Men so raised as above with Arms, Amunition, & Tents, as well as to order provisions to be issued to the Same by his Majesty's Commissaries in the same Proportion and manner as is done to the rest of the King's Forces ; and a Sufficient Train of Artillery will also be provided at his Majesty's Expence for the Operations of the Campaign. The Whole, therefore, that the King expects & requires from the Several Provinces is the Levying, Cloathing, and Pay of the Men; & on these Heads also, that no Encouragement may be wanting to the full Exertion of your Force, the King is further most graciously Pleased to permit me to acquaint you that Strong Recommendations will be made to Parliament in their Session next Year to grant a proper Compensation for such Expences as above, according as the active Vigor and Strenuous Efforts of the Respective Provinces shall justly appear to merit.
" Altho' several Thousand Stands of Arms will be forthwith sent from England, to be distributed to the Troops now directed to be raised in the Southern & Northern Provinces, yet as it is hoped that the Number of Men levyed in all Parts of America may greatly exceed the Quantity of Arms that can at present be supplied from England, It is his Majesty's Pleasure that you do with particular Diligence immediately collect and put into the best Condition all the Serviceable Arms that can be found within your Government, in order that the Same be employed as far as they will go in this Exigency.
"I am further to inform you that similar Orders are sent by this Conveyance to Maryland, Virginia, North Carolina & South Carolina. The Northern Governments are also directed to raise Men in the Same Manner, to be employed in such Offensive Operations as the Circumstances & Situation of the Enemy's Possessions in those Parts may point out, which it is hoped will Oblige them so to divide their Attention and Forces as will render the several Attempts more easy and Successful.
"It is unnecessary to add any thing to animate your Zeal in the Execution of his Majesty's Orders on this Great Occasion, where the Safety and Preservation of America, and of your own Province in Particular, are at Stake, and the King doubts not, from your Known Fidelity and attachments, that you will employ yourself with the utmost application and Dispatch in this urgent and dangerous Crisis.
" I am, Sir, your most Obedient Humble Servant, "W. PITT."
The following Message was drawn up and approved, and if the Assembly was still Sitting, as it was late, the Secretary was ordered
1
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PROVINCIAL COUNCIL.
to Deliver it to-night, if not, to-Morrow Morning, with a Copy of the Letter last above entered, from Secretary Pitt, and the Governor being informed the House was risen, the Message was dated the Eighth :
" Gentlemen :
" I have ordered to be laid before you a Letter I received from his Majesty's Principle Secretary of State, which contains Matters of the utmost importance to his Majesty's Service, the common Concern of his Dominions on this Continent, and more particularly the Security and Protection of this and the Southern Provinces. The vigorous Efforts determined on by his Majesty the ensuing Campaign to repair our late Losses and to secure us from the future Designs of his Enemies, give the most convincing Proofs of his Royal Care and paternal Regard, and must necessarily inspire every Loyal Heart to make the most grateful Returns. I cannot, therefore, doubt a ready and chearful Compliance on your Part, with the most reasonable Demands made of this Province by his Majesty in the Secretary of State's Letter. On an occasion so interesting, I must in the Warmest Terms press you, Gentlemen, to use Vigor, Unanimity, and Dispatch in your Councils, that nothing may be wanting towards the immediate Execution of such Offensive Measures as the Commander-in-Chief may judge necessary for his Majesty's Honour and Interest, in which you may assure yourselves of my most Hearty Concurrence.
" March 8th, 1758."
" WILLIAM DENNY.
The Secretary was ordered to carry down to the House the Indian Trade Bill, with a Message, that the Governor adhered to his Amend- ments, and would not pass the Bill unless they were all agreed to by the House.
At a Council held at Philadelphia, Monday the 13th March, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Richard Peters, Esquires.
Lynford Lardner,
Benjamin Chew, S
Teedyuscung coming to Town on Saturday with three Indian Deputies from Diahoga, the Governor sent the Secretary this morn- ing with his Compliments to them, and by a String of Wampum he wiped off the Snow out of their Eyes and Ears, cleaned their Throats, &ca. Teedyuscung did the same to the Governor by an-, other String, and Twelve o'Clock was appointed to receive them and
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MINUTES OF THE
hear what they had to say. A little before Twelve Moses Tatamy and Isaac Stille, the Interpreter, came with a Message to thee Gov- ernor that Teedyuscung had forgot to acquaint the Secretary this morning that the Deputies had very weighty Matters to communi- cate, and he would bring his Clerk with him if the Governor had no Objection. They were desired to wait till the Council should consider the Design of bringing a Clerk, and it took up a good while in considering it in all its Lights ; at length the Governor was advised to say to them that he was waiting to receive his Brethren, the Indians, in Council, in the same manner as has been usual be- tween their and our Ancestors, and to hear what they have to say to him ; That this is not a publick Treaty, and none have ever been admitted into private Conferences between the Governor of this Province and the Indians but the wise men and Counsellors on both sides, and his Honour thinks himself obliged to follow the antient Custom.
The Two Indians were called in, and the above was given them in answer. It was now a Quarter past one. In half an hour Moses Tatamy returned with a most insolent Answer from Teedyuscung, that he was tired with waiting, was at Dinner, and would bring his Clerk or not speak at all to the Governor. Moses was told that the Governor would let Teedyuscung know what he would do and when he should come.
A Bill entituled an Act for granting to his Majesty a Duty of Tonnage upon Ships and Vessels, and also certain Duties upon Wine, Rum, Brandy, and other Spirits, and a Duty upon Sugar for supporting and maintaining the Province Ship of War for protect- ing the Trade of this Province, and other Purposes for his Majes- ty's Service, was presented to the Governor for his Concurrence on Saturday Afternoon the Eleventh Instant, and was read for the first time.
The Council adjourned to the Afternoon, half an hour past five, and Summons's were ordered to be sent to every Member to attend.
At a Council held at Philadelphia, Tuesday the 13th March, 1758, P. M.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Lynford Lardner,
Joseph Turner, Benjamin Chew, Esquires.
Richard Peters,
John Mifflin,
The Tonnage Bill was read a second Time, all were of opinion that Trade should be the last thing Taxed ; that an Exemption from Duties and the Freedom of the Port had more than any thing con-
31
PROVINCIAL COUNCIL.
tributed to the encrease of our Trade, and they were afraid this would divert it; They observed that the Tonnage was high and would be very severe on Coasters that came here from Boston, Rhode Island and other Places many times in a Year; On these and other Considerations they advised the Governor to confer with some Members of the House on the general Scope of the Bill, not to insist on it, but only to recommend it to the House to consider those Things and to try all other Duties, and this more sparingly.
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