USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 44
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" Gave the Belt.
" ' Brethren :
"' These are the Speeches made and settled on in Council before we left home, and with which we were charged.'
" He then acquainted the General they were done ; the General returned thanks for what he had said, the General drank their Healths and broke up the Meeting."
" At a Meeting held at Pittsburgh, Octocer 26th, 1759. PRESENT :
" George Croghan, Esq". Deputy Agent to the Honourable Sir William Johnson, Bart.
" Captain William Trent, } Assistants to George Croghan, Esqr.,
" Captain Thomas McKee,
" Captain Henry Montour, Interpreter.
"Teedyuscung's Brother, in behalf of Custalogo, made the fol- lowing Speeches :
" 'Brethren :
"' We are met this day in Council in the presence of our Uncles the Six Nations and Wyandotts, & our Grand Children the Shawa- VOL. VIII .- 28.
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nese & Twigtwees ; with this string of Wampum I wipe the Tears from your Eyes and open your Ears that you may hear what I am going to say, and I clear the passage of your Heart that nothing that is ill may harbour there.'
" Gave a String.
" ' Brethren :
" ' It gives us great Satisfaction to hear what you have said to us, you have spread peace over the Country we live in, and made a road from the sun rising to the Sun setting ; we return thanks for what you have done, and we hope you will continue to do good to us, and we return you thanks in behalf of our Women & children, and we shall take care to acquaint our Children as they grow up with what you have done, that it may never be forgot in our nation.'
" Gave a Belt.
"'Brethren (the Beaver Speaker) :
"' I have heard what has been said by you at the several Con- ferences you had here; it was all good, and pleasing to all Nations that heard you, and agreeable to the Treaty of Easton. The Belts you sent me last fall I took over the Lakes, and made known your Speeches to the several Nations, who you have seen here ; but there is several Nations yet who now has your Speeches, considering of them ; and I hope they will come next Spring and take hold fast of the Chain of Friendship.'
" Gave a String.
"'Brethren (the Beaver speaker) :
"'By the speeches sent me last fall by Frederick Post, the Gov- ernor of Pennsylvania promised that we, the Indians of all Nations, should have Goods here as cheap as they were sold in Philadelphia. This I have made known to all Nations, and they expects Goods to be sold here as he promised. Be strong and perform your Promises; don't make me ashamed. At present Goods are dear here, on ac- count of the great number of White Men; but I hope Goods will be sold at Such Rates as will encourage all Nations to come here and Trade.'
" Gave a Belt.
"' Brethren (the Beaver Speaker) :
" We have heard what you have said to us, and you have heard what we have said to you. God above has heard all; and I hope at the next meeting that we will be able to convince each other of our Sincerity.
" ' Brethren :
" We are very well pleased with the speeches you have made us. In one of your Speeches you desired to see your Flesh and Blood that lives amongst us ; it is only a reasonable Request, and what all Nations should comply with. Here is the number of all your
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people in our Nation (holding a bunch of sticks in his Hand) ;. we have killed none, but what were killed in Battle. Those that are amongst us you shall see every one, but it is impossible for us to set the time ; but this was agreed to in Council before we left our own Country ; and you may depend upon this promise being per- formed, to a single person, unless any of them should dye with sickness before we can bring them here.'
" Gave a bunch of Strings containing 41.
"' Brethren :
"' By this String of Wampum, I return you thanks in behalf of. our Nation for the Road you have made to the Sun Setting, for all Nations to travel in Peace ; you have dispersed the dark Clouds from over our heads, that we may all see the Sun again, and I hope we shall live in Peace and Friendship, as our fore Fathers formerly did.'
" Gave a String.
" ' Brethren :
"' I was charged by the Council of our Nation when I left home, to assure you that they had in fresh remembrance all the former Treatys they held with their Brethren, the English, and that they were determined to hold fast by the ancient Chain of Friendship subsisting between the English, Six nations, and us, and to brighten the chain of Friendship, which has contracted some Rust since the commencement of this War.'
" Gave a Belt.
" After the Conference was ended, the General sent for the Chiefs of the several nations, and made each of them a present of a medal, for which the Indians returned thanks. After drinking the King's Health, and all the Indian Nations, The General took leave of them."
A Conference with Teedyuscung, the 28 January, 1760 .. PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª. and Richard Peters, Esquire.
Teedyuscung visited the Governor, and acquainted him that he had received a Message from Eckoang, the head man of the Mini -. sinks, alias munsies, by an Indian Messenger on Snow Shoes, called Punicheckan, who came to him at Fort Allen, where he had mostly been since he left this City, and, taking out a String of Wampum,. he repeated Eckoang's Message, viz": That the munsies would de- liver all their prisoners in the Spring; he added, that this gave him great satisfaction, because Eckoang, who came with many other In -. dians to the meeting at Atsuntsing, did not then seem hearty in
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this matter, tho' he acknowledged he had thirteen prisoners, and declined answering him when he demanded the English prisoners, but now being come to a better mind, he has sent this favourable Message.
Gave the Governor Eckoang's String.
Teedyuscung acquainted the Governor that he proposed to go to Atsuntsing as soon as the weather will permit, and desired he may be assisted with Wampum and other necessaries. He likewise told the Governor that the Indians were not pleased with Andrew McNeer, into whose care they were put, and desired David Edwards might be appointed to take care of the Indians, as he was better acquainted with Indians, and had always given them Satisfaction.
The Governor the next day had a Conference with the provincial Commissioners, at which Teedyuscung was present, and everything was done for him that he requested.
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MEMORANDUM.
Information being given on Oath, to the Governor, that Captain Appowen, who was arrived in Christianna Creek, from Jamaica, in the Ship Carrington, had brought in two french priseners, who were concerned in the murder of Captain Stiles and his mate, com- mitted 'in a most cruel manner after the vessel was surrendered to two French privateers and they in full possession of her, the said prisoners were apprehended by Warrant from the Governor, and ex- amined on the 22nd Instant, and the Examinations being wrote fair were read to them, and agreed by them to be truly taken down, Alderman Benezet, Interpreter. The prisoners were ordered to be continued in Jayl, and their Examinations put among the Council Papers.
At a Council held at Philadelphia, the 12th February, 1760.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Benjamin Shoemaker, 6 Benjamin Chew, Esquires.
Lynford Lardner,
'A Letter from General Amherst, of the 31st January, was read, & as the Assembly have sent the Governor a Message that they are now met according to their adjournment, it was laid before the House with the following Message :
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PROVINCIAL COUNCIL.
A Letter from his Excellency General Amherst to the Governor.
"NEW YORK, January 31st, 1760.
" Sir :
" I have not sooner acknowledged the receipt of your Letter of the 9th Instant, because I was in daily expectation of the arrival of a packet with the King's Commands for the Operations of the ensuing Campaign, and His Requisition from his faithful American Subjects for their aid and Assistance towards carrying on the same ; but as she is not yet come in I can no longer defer repeating my most pressing Instances to you, in case I should not receive any such commands before the Eleventh of next Month, to which time I see your Assembly is adjourned, to move them to make fresh pro- vision for at least the like number of men, they have so hastily disbanded, a measure which gives me the greatest concern, as by a Letter received this moment from major General Stanwix, it has greatly distressed him. I trust therefore, that the Assembly, sen- sible as they must be of this distress, will repair the Same, by as early a new Levy as possible.
" I am with great Regard, Sir,
" your most Obedient humble servant, . " JEFF. AMHERST."
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A Message from the Governor to the Assembly.
" Gentlemen :
" By the Letter now communicated to you, which I have had the Honour to receive from his Excellency, General Amherst, you will perceive that the Resolution, taken at your last meeting, of dis- banding so considerable a part of our Provincial Forces, has given him the greatest Concern, as well as very much distressed Major General Stanwix, who commands his Majesty's Troops to the West- ward, and that expecting daily to receive the King's Commands for the Operations of the ensuing Campaign, He presses me in the most eernest manner to move you to repair the same by as early a New Levy as possible.
" As I have not the least Doubt, Gentlemen, of your Zeal to pro- mote the King's service and that of your Country, I persuade myself you will decline no reasonable means in your power for the attain- ments of those valuable Ends. And as the Circumstances of the. War on this Continent, notwithstanding the Success with which it has pleased God to bless his Majesty's Arms, will in all proba- bility require the Work of another Campaign to bring it to such an issue as may be agreeable to his Majesty's Views, I see not how you can render a more acceptable Service to the King and to the nation, from whom we have received such seasonable and unlimited
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protection, than by seconding, according to your Ability, all such measures as his Majesty in His Wisdom is pleased to direct for that purpose.
"You will give me Leave, therefore, Gentlemen, to recommend to you in the strongest manner, a compliance with the . General's request, signified in bis Letter, and that in such due Season that the Troops when called upon may be in readiness to enter upon the service to which they may be destined, sensible, as you must be, that much of the Success of Military Operations depend upon the being able to take the Field early and before the Enemy can have strengthened themselves by collecting their whole Forces.
" Whatever further shall occur to me in the Course of the Ses- sion, that may be proper for your Consideration, shall from time to time be communicated by Message, as Occasion may require.
"JAMES HAMILTON.
"February 12, 1760."
The Governor acquainted the Board that he had been served by the Reverend Mr. William Smith, Doctor of Divinity, with an Order made by his Majestie's most Honourable privy Council, of the 26 June last, upon the Complaint of the said William Smith against the Assembly of this province for the year 1758.
Doctor Smith's Petition and the Order of Council were read in these words :
"At the Council Chamber, Whitehall, the 26th day of June,. 1759.
" PRESENT :
"Arch Bishop of Canterbury.
" Lord President.
" Earl of Cholmondely.
"Earl of Kinnout.
" Viscount Falmouth.
" Lord Berkely of Stratton.
" Sir Thomas Robinson.
" Upon reading at the Board a Report from the Right Honoura- ble, the Lords of the Committee of Council for plantation Affairs, dated this day, in the words following, viz":
"'Your Majesty having been pleased, by your Order in Council of the 1st of April, 1758, to referr unto this Committee the Peti- tion, Complaint, and Appeal of William Smith, of the City of Phi- ladelphia, in the province of Pensilvania, Clerk, setting forth, That the Petitioner, on the 6th day of January, 1758, by Order of the Representatives of the people of the said province in Assembly then sitting, was arrested by their Serjeant-at-Arms; and by virtue of
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that Order held in close Custody until the 25th day of the said Month, a great part of that time not being permitted to speak to any person but in the presence of the said Serjeant ; nor to hold any Correspondence in writing, but with his privity and Consent ; That during the Time of the Petitioner's Confinement, he was in a formal manner brought to the Barr of the House of Assembly, and by them charged with being a promoter and Abettor of the writing and publishing a Libel, intitled The humble Address of William Moore, one of the Justices of the peace for the County of Chester ; That the Petitioner being one of the Trustees under an Honourable private Society in London, for maintaining Charity Schools to in- struct Germans there; and to that end, having the care and direction of a printing press to furnish them with a Newspaper and other mat- ters in their own Language, doth acknowledge and never did deny That when he found the said Address, which animadverted on the proceed- ings of a former dissolved Assembly, printed and published in the pen- silvania Gazette, by Benjamin Franklin & David Hall, who are the known and publick printers to the Assembly, and in the pensilvania Journal, by William Bradford of the said City, he did (though a considerable time after such printing and publishing in the English papers) advise it to be translated into the German Tongue, and published in the said German Newspaper; That the petitioner an- swered to the charge of the Assembly, that he was not guilty of any matters of which he stood accused, and protesting he never had the least Intention to violate the privileges of that House, with great humility, and prayed them to Order him a Tryal, for his supposed Offence, in Some Court of Justice, according to the Laws of Eng- land and this province ; For Reason, alledging, that if he had com- mitted the Crime charged, it was cognizable in the established Courts of Justice, and by the Assembly's imprisoning, trying, putting him to great Charge in his Defence, and finally punishing him, (if they should so far proceed), he might be twice punished for one and the same Offence; That the House, rejecting the Petitioner's prayer, did by vote resolve to try the petitioner themselves, and, for that purpose, did direct him to bring his Witnesses before them, for summoning whom they gave their Orders, and did allow the Peti- tioner Counsel to speak to matters of Fact only ; They, by another Vote, having resolved that neither the petitioner or his Counsel should be heard concerning their Jurisdiction or any other matter of Law, and did appoint a day for the petitioner's Tryal ; That the Petitioner, being thus compelled to waive points which he judged very material in his Defence, and to submit to the Jurisdiction, power, and direction of those who did not scruple to acknowledge themselves principal partys, yet hoping to mollify them by his sub- mission and by making it appear he had no design of violating their privileges, did undertake to defend himself, and manifest his In- nocence in the manner prescribed to him, which he humbly appre- hends, he did so effectually as must have given entire satisfaction
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to all unprejudiced Judes, and have obtained his Discharge ; That notwithstanding the assembly's proceedings in all the Forms of an Indifferent and legal Court of Judicature, by summoning Wit- nesses, examining them on their Oaths in and by the Authority of the House administered, terrifying some (who were not inclined to Swear or answer) with Imprisonment, and hearing the Pris- oner at the Bar, as they called the Petitioner, in his Defence, still reserving to themselves the inclusive power of declaring the petitioner Guilty or not Guilty, did, at last, very unjustly, by the votes of a Majority as their Verdict, find the Petitioner guilty of part of their charge against him, namely, the promoting and publish- ing the said Libel, entituled as above, and, thereupon, intending to render the Petitioner infamous among the people, and to brand with Disgrace and Ignominy the Character of a Clergyman of the Church of England, who is placed at the Head of a Seminary of Learning in the aforesaid City, and engaged in sundry other publick under- takings, did, by their final sentence, adjudge the petitioner should be committed to the Newgate, or common Goal of the said County, the place for Thieves, Murderers, and Felons, as well as Debtors, There to be detained until further Orders from the House; To which loathsome Goal he was committed on the aforesaid 25th of January, and therein lay at the time of sending over his Petition ; That the petitioner did immediately read, and tender an appeal from this Judgment to your sacred Majesty in Council, and prayed to have the same entered upon their minutes, which they refused to do, intimating that no appeal lay from any Judgment of theirs to your sacred Majesty in Council ; That the petitioner, in his said appeal, did further pray that their Clerk should deliver to the said Petitioner attested Copys of all Papers, Minutes, and proceedings, relative to the Petitioner's Tryal, humbly to be laid before your Ma- jesty ; To which prayer, although the matters therein mentioned have been since specially desired, they have not yet vouchsafed to give the petitioner any Answer; That although, by the Depositions taken before the House, it appeared that very many Persons, Law- yers and others, had seen, approved of, and advised the printing and publishing the address of William Moore before it was print- ed; That the Speaker and two other members of the Assembly, being consulted on the said Address, previous to its publication, by the Printer to the House, and by him acqainted with the contents thereof, did counsel and advise, and as far as in them lay, authorize the printing and publishing the same ; That David Hall, the acting printer of the pensilvania Gazette, and William Bradford, the printer of the pensilvania Journal, did, also, before the House acknowledged they had printed and published it, and that altho' it appeared that the paper, laid to the charge of the petitioner, was only a Republication in the way of his Busi- ness, and that, of all those concerned in it, he was the least so, yet no person had ever been called in Question as a Criminal
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PROVINCIAL COUNCIL,
for any matters relating thereto, but the unhappy petitioner, ex- cept Mr. Moore, who declared himself the author; That the Pe- titioner, on the 4th day of February following, in due form of Law, applied to the Chief Justice of the province, to grant him your majesty's Writ of Habeas Corpus, in order that the Petitioner, on the Return thereof, might either be discharged or bailed, as the na- ture of his case should require ; Whereupon, the said Chief Jus- tice answered, that on a view of a Copy of the petitioner's Com- mitment, it appearing to him that, among other things, the peti- tioner was committed for a breach of Priviledge, he did not think himself authorized in granting a Habeas Corpus and bailing the Petitioner during the sitting of the House, and therefore was obliged to reject the prayer of the said petitioner ; That the petitioners verily believes the words in the said Commitment which appear to the Chief Justice to imply a Breach of Priviledge, were untruly in- serted therein, on purpose to exclude the petitioner from this legal Relief, as there was no Breach of priviledge intimated in the sen - tence passed against the petitioner by the House, and as he was never charged, even by the Assembly, with the least Indecency of Beha- viour or mark of Disrespect to the House, during the whole pro- cess, nor with any other matter that could be construed a Breach of Priviledge of the Assembly then convened ; That the Peti- tioner did afterward, on the said 4th day of February, Petition Wil- liam Denny, Esquire, Governor of the province, setting forth the peculiar hardships of his case, praying such Relief as his Honour thought suitable and just. To this the petitioner received for an- swer, that the Governor with great Compassion beheld the peti- tioner's afflictions, but if he had any power to interfere in that mat- ter, the exercise of it might at that critical juncture endanger the safety of the whole province; That under these distressing and miserable Circumstances, destitute of an Aid from our Laws or Government, so that his Imprisonment might be continued during his Life, the petitioner, unable to contend with so weighty a Body who are in possession of all the publick Money of the province, was compelled to Apply to your Majesty, the last Resort from your Colonys, and Fountain of all Justice within your Majesty's Do- minion, for Redress, and most humbly implored your Majesty to afford the petitioner such Relief as in your Wisdom should appear just and equitable.' The Lords of the Committee, in obedience to your Majesty's said Order of Reference, did, on the 10th of the same April, 1758, take the said petition into their Consideration, and thought proper to referr the same to your Majesty's Attorney and Sollicitor General, who have thereupon reported to this Com- mittee, That they had been attended by Counsel for the petitioner, and likewise by Counsel on the behalf of the Assembly of the pro- vince of Pennsylvania, and had examined into the Allegations of the said petition, and did find that the petitioner was concerned in advising a certain paper, intitled ' An humble Address of William
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Moore, one of the Justices of the peace for the County of Chester,' directed to the Honourable William Denny, Esquire, Lieutenant Governor of the said province, to be printed and published in the Pennsylvania Gazette, and that the said petitioner did afterwards direct and procure the same to be translated into the German Lan- guage, and published in another public Newspaper, for the perusal of those Foreigners residing within the same province, who under- stood that Language only ; And that the said paper contains many Scandalous Reflections upon the Assembly of that province, to whose proceedings it related, and was a Libel upon the said As- sembly ; And they further found that the petitioner, on the 6 of January, 1758, was arrested by the Sergeant-at-Arms of the As- sembly then sitting, and being afterwards brought before the sª. Assembly, was charged with being the promoter and Abettor of the writing and publishing a Libel intitled 'the Address of William Moore, one of the Justices of the peace for the County of Chester,' That thereupon Mr. Smith being brought before the said As- sembly, was permitted to make his defence by Council; But the Assembly having before resolved that the said petitioner, or his Counsel, should be allowed to speak or argue against the authority or power of that House to take Cognizance of the charge against him, or to argue that the said address was not a Libel, they did refuse to permit either him or his Council to arg e either of the said Points. And the said Attorney and Sollicitor General find further, that the said petitioner, with many other persons, having been examined touching the said Complaint, and the said petitioner and his Counsel having been heard in Answer thereto, the Assembly proceeded to pass this sentence upon the petitioner :
"' Mr. Smith :- This House having enquired into the charge against you, have found you Guilty of Promoting and publishing the libel intitled 'the Address of William Moore, Esq".' and do order that you be committed to the Goal of this County, until you make Satisfaction to this House.
"' That in pursuance thereof, the Assembly made an Order for the Commitment of the Petitioner to the common Goal of the City of Philadelphia, which order of Commitment bears date the 25th day of January, 1758, and is in the following Words :
"' Pennsylvania, ss :
"' To James Coultas, Esqr., Sheriff of the City and County of Philadelphia :
" ' The House of Assembly of the province of pennsylvania hath this day adjudged William Smith for promoting and publishing a false, Scandalous, virulent and Seditious Libel against the last House of Assembly of this province, and highly derogatory of, and ob- structive to the Rights of this House, and the privileges of Assem- bly ; These are therefore in behalf, and by order of the said last mentioned House of Assembly, to require and charge you to receive
t 0 a
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PROVINCIAL COUNCIL.
the said William Smith into your Custody within the Common Goal of your County under your charge, and him therein safely to keep and detain until you shall receive further Orders from this House ; Hereof, fail not, as you shall answer the contrary at your Peril. Given under my Hand this 25 day of January, in the year of our Lord, 1758. THOMAS LEECH, Speaker.
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