USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 58
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"I am further to acquaint you that those Gentlemen on their re- turn have reported to me that they went to the place and found about twenty Families settled there, by some of whom they were informed that the Government of Connecticut, in virtue of their original Charter from the Crown, had about 6 or 7 years ago granted to a great Number of their people (not less than 8 or 900, who are Called proprietaries) of a large [tract] of Land within the limits of the province of Pennsylvania, extending on the River Delaware 30 miles (within which the Lands at Cushietunck are included), with full power to the said proprietaries to purchase the said Tract from the Indians, and that in consequence of that Grant, they had pur- chased it from the Indians, laid it out in Townships, and were about to settle it as fast as they could, expecting 100 Families more from Connecticut to join them in the Spring.
"The claim and strong Remonstration made by the Gentlemen Commissioned by me for that purpose, had no effect on your people, who still declared they were resolved to settle and hold those under the said Grant from your Government and their said Indian pur- chases, till it should be determined against them by the Crown.
"Their Claim, under the Connecticut Charter, is, I think fully answered in mine and Mr. Morris's former Letters on that subject, to which I beg leave to refer you; And as to their pretended pur- chases of that Land from the Indians, the Circumstances of that affair, and Lydices's Management in obtaining those Deeds at Al- bany from Single Indians or parties of Indians, as they happened to come there on other occasions, are too well known to us and to Sir William Johnson and the principal Six Nation Indians, to give us any apprehensions of that part of your people's Claim availing them any thing. And with respect to their pretensions under a purchase from Jersey Indians, it is notorious they never had any Right to those Lands.
"I cannot perswade myself, Sir, notwithstanding what these Settlers are pleased to say, that they have received any Countenance or Encouragement from your Government in taking possession of
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Lands which undoubtedly belong to the Proprietaries of this Pro- vince by the Royal Charter, wherefore I think it my duty once more to request, that you will be pleased to use your utmost In- fluence with them to desist from prosecuting their unjust Scheme any further, and to remove immediately with their Families, without running the Risque of being cut off by the Indians, and involving us in a new War with them, which is an Event very much to be dreaded, or putting me to the disagreeable Necessity of using legal Measures to remove them. I am further to request you will please to favour me with your Answer hereto as soon as, with convenience, you can, advising me of any 'steps you shall think proper to take upon the occasion, in which you will much oblige.
"Your most Humble Servt., "JAMES HAMILTON."
A Letter from Governor Hamilton to Sir William Johnson. " Sir :
"Teedyuscung, in a visit he lately made me, shewed me a Letter from you of the 1st of March last, wherein : 'After acquainting him that His Majesty had ordered you to examine thoroughly into the Matters complained of by him in the Conferences at Easton, in July and August, 1757, you desired to know when and where it would be most Convenient for him and the Indians concerned to meet you, and the Sooner you knew the better, that you might give Notice to the Proprietary Commissioners to attend.'
" He further told me that this Letter was brought to him by his Son Just as he was setting out on his Western Journey, and that he had hereto made no Answer to it.
" Then taking a String of Wampum he expressed great unwil- lingness to have this Complaint heard by one who he said was a Stranger to him, and acquainted me that the Indians were all de- sirous it should be heard by me as Governor of this province, and that there would be a good opportunity of doing it at the great Meeting of Western Indians which was intended to be at Philadel- phia the next Summer, where all the Indians concerned in those Complaints had agreed to attend, expecting to have them heard and adjusted.
"I know not whence this change in Teedyuscung arises, but cannot help suspecting that it may be suggested to him by some people here, with whom he is very intimate, and who might give him this Advice that they might have the entire management of him, and this whole Affair, during the Treaty, in opposition to and dislike of the proprietaries. This made me express great reluc- tance at his proposal, and I returned him no other answer than that I would take his request into Consideration.
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" I have ever been of opinion that you, who are his Majestie's Agent for Indian Affairs, and are perfectly well acquainted with the Rights, Sentiments, and Interests of the Six Nation Indians, should not only hear and determine this, but all other Matters rela- tive to Indians, and was I to Follow my Inclination as well as Judg- ment, I would have rejected the proposal ; but if nevertheless, these officious people would not interfere, and you shall judge from the present Circumstances of affairs, and the minds of the Six Nation Indians, who may be consulted as being concerned to support their own Rights and proceedings, that my hearing it will contribute to the General good, I will not decline it; But then, should you ad- vise me to undertake this, I beg leave to use the precaution of as- suring you that if I find any undue influence, or any partial inter- ferings from the people of this City, I will desist, and leave it to be heard by you.
"I am further to acquaint you that we are like to have fresh trouble, and I am afraid the renewal of the Indian War, from a most wicked revival of the Connecticut Claims. These restless Spirits have actually come at the Close of the last Summer, and laid out Townships on the West Side of Delaware River, on lands not purchased of the Indians, and left some of their people to retain the possession during the Winter, intending to join them with vast Numbers in the Spring, and to carry all before them by force. As soon as I was informed that there were some Connecticut people settling over against Cushietunck, in the upper parts of Northamp- ton County, opposite to the Jersey Station point, I sent the Sheriff and some of the Magistrates of that County to enquire into their Pretention and proceedings, and to warn them off, and on their re- turn they made me a Report in writing, of which I inclose you a: Copy, that you may see what wild work they are carrying on, and what imminent danger there is of our provoking the Indians to fresh hostilities. Indeed, what can they think of us when they seee the blood of our Inhabitants scarce covered but we are quar- elling for Land that belongs to neither of us, but to them.
" I had scarce sent my Dispatches to the Sheriff and Magistrates, but Teedyuscung came, in great concern, to inform me of this Set- tlement, and to insist that the Government those people came from should be desired to recall them, and if they did not, that I should remove them, and if Neither Government would do it, he assured me the Indians would do themselves Justice.
" Accordingly, I have wrote a Letter to Governor Fitch to use his utmost influence to recall the people already settled, and to pre- vent others from coming, and have set before him the bad conse- quences that may arise, as well from the Indians as from the oppo- sition they will certainly meet with from this Government.
" As I expect, nothing Governor Fitch can say or do, or my Let- ter will avail any thing, I was thinking to write an Account of this unhappy Proceeding to General Amherst, and desire his Interposi-
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tion with the Colony of Connecticut, as it may obstruct the King's Service to have such a flagrant piece of Injustice offered to the In- dians, who may, thereupon, be induced to withdraw their friendship from the English interest, and again become our Enemies; but it may, perhaps, be better if you will be so good as to take that task upon you and set it in its true light before the General, and desire him to use his Influence with Governor Fitch to have this dan- gerous attempt laid aside.
"I am under very great concern, least the Six Nations should lay any thing to the charge of this Province, and therefore request that you will be pleased to represent this Attempt to them, together with what I am doing to prevent it, and assure them that nothing shall be wanting on my part to vindicate their and the proprietary Rights from this mischievous set of Intruders; And if any thing occurs to you that you shall think proper for me to do, I shall be infinitely obliged to you if you will be pleased to communicate it. I am, with very great respect, Sir,
"Your most Obed' Hume Servant, "JAMES HAMILTON."
This day the Governor received the following Message from the Assembly :
A Message to the Governor from the Assembly.
" May it please your Honour :
"After we had considered the Matters recommended to us in your Message of the Twenty-eighth of January last, respecting the Service of the Crown and the defence of the Province, we imme- diately proceeded upon the Consideration of your other Message of the same date, relating to the Engagements entered into by our Agents in the Council Books, but as the Matters contained in those Engagements are of such a Nature as to require a Disquisition into a Number of Facts, in order to enable us to form a Judgment of what may be proper to be done therein, and of the manner of doing it, a Committee was immediately appointed to make the necessary Inquiries, and to report the same to the House. This Committee, though they have made a Considerable progress in the Business re- ferred to them, have not been able as yet to make their Report, but as Soon as that Shall be done, and the House have come to a Deter- mination thereon, your Honour Shall be made acquainted with our Resolutions on this Head.
"Signed by order of the House.
"ISAAC NORRIS, Speaker.
" February 17th, 1761."
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PROVINCIAL COUNCIL.
On the 20th February, 1761, The House sent to the Governor for his Concurrence Three Bills, viz":
One for regulating the Assize of Bread.
Another for regulating Waggoners, Carters, Draymen, and Por- ters, within the City of Philadelphia. And a third, to enable Thomas York, Daniel Rundle, James Child, Peter Chevalier, Junior, and Enoch Story, to sell the Provincial Ship of War.
At a Council held at Philadelphia, Munday the 23d day of Feb- ruary, 1761.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Benjamin Shoemaker,
Richard Peters,
Lynford Lardner,
Benjamin Chew,
Esquires.
Thomas Cadwalader,
The Minutes of Council from the 6th of January last, were read and approved.
Chester Court coming on next Week, the list of the Justices in the last Commission was read, and after considering the same, and the Characters of such as were recommended for the new Commis- sion, the following list was agreed upon, vizt: Thomas Worth, Samuel Flower, John Miller, Isaac Davis, Edward Brinton, Chief Burgess of Chester, Alexander Johnston, John Morton, John Cul- bertson, William Clingham, William Parker, Timothy Kirk, John Hannum, John Price, Roger Hunt, John Fairlamb, George Currie, Henry Hale Graham.
The Governor issued Supersedeas to Samuel Lightfoot, Edward Brenton, Thomas Worth and John Morton, to forbear the exercise of the Office of Judge of the Common Pleas for the said County of Chester, under the late Act Entituled "a Supplement to the Act Entituled ' An Act for establishing Courts of Judicature in the province,' " which has been repealed by his late Majesty.
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At a Council held at Philadelphia, Tuesday the 24th February, 1761.
PRESENT :
The Honourable JAMES HAMILTON, Esq"., Lieutenant Gov- ernor, &ca.
Benjamin Shoemaker, Richard Peters, Esquires. Thomas Cadwalader,
The several Bills that had been presented to the Governor for his Concurrence, were read, vict :
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A Bill entituled " an Act to enable certain Trustees to sell lands in the County of Philadelphia, in Trust for the use of the Minister of Oxford Church, and to receive the Voluntary Donations of the Inhabitants, and with the monies arising therefrom to purchase other Lands to be settled to the same use."
And likewise,
A Bill entituled " An Act to enable the owners and possessors of the Northern district of Kingsess, Meadow Land, in the County of Philadelphia, to keep the Banks, Dams, Sluices and Flood gates in repair, and to raise a fund to defray the Expenses thereof," were on Friday or Saturday presented to the Governor for His Considera- tion and Concurrence, but as the day is too far advanced to read all these Bills, the Council adjourned till tomorrow morning at 10 O'Clock, twist reading.
A Petition from the Merchants against the last Bill, on con- sideration whereof, it was agreed that the Governor should send a Message to the Assembly, recommending the use requested in the petition.
The Bill for the regulating of Wagoners, Carters, Draymen & Porters, was amended.
The Bill for enabling Thomas Yorke, &ca., to sell the province Ship, and the Merchants' petition upon it, was again considered, and it was recommended to the Governor to send it down with a Message to the House to reconsider it and grant the petitioners their prayer.
A Message from the Governor to the Assembly.
" Gentlemen :
" Soon after you sent me up the Bill entituled ' An Act to enable . Shomas Yorke, James Child, Daniel Rundle, Peter Chevalier and Enoch Story, or any three of them to sell the provincial Ship of War,' I received a petition from very many of the principal Mer- chants of this City, setting forth the great interruption given to Navigation almost every Winter by the Ice and the frequent Losses sustained for want of a place of Safety for their ships between the Capes and this Town ; and that as the Surplus money to be disposed of by this Bill was raised and paid by the owners of Ships and im- porters of certain Commodities into this City ; they had an inten- tion of making Application to you for a different, and as they ap- prehend more usefull Disposition of it, namely, for the erecting Piers in some proper part of the river to secure their Ships from the Ice, but, that unfortunately this Bill had passed your House, and had been sent up for my concurrence before they had any In- timation that such a Bill was intended, and therefore praying that I would send down the Bill to your House for a Re-consideration.
" Sensible of the great inconveniences and Losses the Trade of the City Province is Subjected to from the Want of such protection or Security as is mentioned by the Petitioners, and being desirous to oblige so considerable Body of Men, by giving them an opportu- nity of applying to their Representatives in a Matter they think of
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so much Importance, I have been Induced to comply with their re- quest and to send down the Bill for your re-consideration, and at the same time to acquaint you that if upon hearing what can be said upon the Subject, you shall incline to alter the Appropriation of the money named in the Bill, and apply it to the purposes prayed for by the petitioners, I shall readily consent to it ; if otherwise, I will give my assent to the Bill as it stands.
"JAMES HAMILTON.
" February 26th, 1751."
A Bill entituled " An Act to regulate the Assize of Bread" was presented to the Governor for his concurrence, and returned to the House with a Message that he would pass it.
At a Council held at Philadelphia, on saturday the 28th of Febru- ary, 1761. .
PRESENT :
The Honourable JAMES HAMILTON, Esq". Lieutenant Gov- ernor, &ca.
Benjamin Shoemaker, Lynford Lardner, Richard Peters,
Thomas Cadwalader, $ Esquires.
The Governor having recommended it to the Members some time ago to consider of proper persons for Justices for the County of Philadelphia, A list of names was made out and considered, and the following persons agreed upon, viz"., : the Members of Council, Alexander Stedman, William Plumsted, Septimus Robinson, John Potts, Rowland Evans, Henry Fawling, Samuel Ashmead, John Jones, Willm. Peters, Samuel Mifflin, Jacob Duche, Isaac Jones, William Cox, Thomas Willing, Daniel Benezet, Henry Harrison, Samuel Shoemaker, Edward Pennington, Joshua Howell, Evan Thomas, John Roberts, (Miller), Archibd McClean, Enoch Davies, William Dewees, John Coplin, George Evans, Isaac Ashiton, Jacob Hall, James Coultas, John Bull, William Mayberry, John Trump. Five Writts of Supersedeas were signed to forbid Thomas Yorke, Rowland Evans, John Potts, Samuel Wharton and John Hughes, late Judges of the Court of common Pleas, exercising any of the powers granted them by their respective Commissions under the late Governor Denny, which were during good behaviour, together with a Warrant, to affix the Great Seal to each of them.
A Bill Entituled "an Act to enable the owners and possessors of the Meadow at the West side of the mouth of Darby Creek, by the river Delaware, in the Township of Ridley, in Chester County, to keep the Banks, Dams, Sluices, and Floodgates in Repair for ever, and to raise a fund to defray the Expenses thereof," was delivered to the Governor and returned to the House with his Assent.
A Bill entituled "an Act for laying a Duty on Negroes and Mu- latto Slaves imported into this Province," was presented to the Governor for his Concurrence.
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A Petition from the Merchants of the City upon the Subject of the said Act, was presented and read in these Words :
A Petition from the Merchants against the Bill for Duty on the Negros.
" To the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor of the Province of Pennsylvania, &c., &c.,
" The Petition of Divers Merchants of the City of Philadelphia, Trading to His Majesty's Coloneys in the West Indies,
" Humbly Sheweth :
" That we are informed there is now a Bill Before your Honour for your assent, laying a Duty on the importation of Negros, and that it is to take place immediately on the publication.
"We, the subscribers, ever desirous to extend the Trade of this Province, have seen, for some time past, the many inconveniencys the Inhabitants have suffer'd for want of Labourers and artificers, by numbers being inlisted for His Majesty's Service, and near a total Stop to the importation of German and other white Servants, have for some time encouraged the importation of Negros, and acquainted our friends and correspondents in several parts of His Majesty's dominions (who are no Way apprehensive of a Bill of this Nature), that an Advantage may be gained by the Introduc- tion of Slaves, which will Likewise be a means of reducing the ex- orbitant price of Labour, and, in all probability, bring our Staple Commoditys to their usual prices; And'as many of us have em- barked in this Trade through the motives before mentioned, We humbly beg your honour will take into consideration the hardships we shall Labour under by such a Law taking immediate effect, when we have it not in our power to countermand our Orders or advise our friends ; therefore humbly pray that such time may be allowed (before the Law takes place) as your honour shall think most Conducive to extricate your petitioners from the impending danger.
"Philadelphia, 1st March, 1761.
" John Bell, Benjamin Levy,
" Humphry Robinson, Henry Harrison,
" Reed & Pettit, John & Jo® Swift,
" William Coxe,
John Nixon,
"Charles Baths,
Daniel Rundle,
"Philip Kearney, jr.,
Francis & Relfe,
" James Chalmers, "Joseph Wood,
Stoker & Fuller,
Scott & McMichael,
" Willing, Morris & Co.,
" Thos Riche,
" David Franks,
" Hu. Donnaldson,
0 John Inglis, David McMurtrie,
Sam1. & Archa. McCall,
Joseph Marks."
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PROVINCIAL COUNCIL.
The following persons were appointed Justices for the County of Bucks, viz *·:
Alexander Graydon, Gilbert Hicks, Joseph Rockbuder, Thomas Janney, Joseph Hart, Richard Walker, Thomas Yardley, John Jemison, John Chapman, John Abrickam De Normandy, Jonathan Ingham, Jacob Bogart, George Taylor, William Falwell, and Patrick Davis.
MEMORANDUM. the 3d of March, 1761.
The Governor having received a Letter from General Amherst, demanding the immediate raising of 300 Provincials, he laid the same before the House, with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
"I herewith lay before you a Letter I have received from his Excellency, General Amherst, of the 27th of last Month, in which he is pleased to acquaint me that His Majesty's Service renders it indispensably necessary for him to move Vaughan's Regiment from their present Quarters to Philadelphia.
"And that having (through the present Situation of the Troops) no others to relieve them with, or to send in their Stead to the se- veral Forts and Posts within the Communication to Pittsburgh (which, for the Security and protection of the Country, must be kept up, and cannot be done without Numbers), he is therefore under a necessity of desiring me to call you together, and to move you forthwith to raise Three Hundred Men, properly officered, for the above Service.
" I persuade myself, Gentlemen, You are so sensible of its Con- sequence to the Security of this Province, as well as to that of Pittsburgh itself, that a safe Communication between that important fortress and us, from whom it receives the principal part of its Sup- plies, should be maintained, that it will require no additional Reasons or Arguments to induce you to take that part upon you while the Necessity of Affairs require his Majesty's regular Forces to be em- ployed in other Services.
"I do, therefore, recommend this Measure to your immediate Consideration, & flatter myself that you will enable me, with as little delay as possible, to comply with the General's Requisition. "JAMES HAMILTON.
"March 3d, 1761."
VOL. VIII .- 37.
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A Letter from General Amherst to the Governor.
"NEW YORK, February 27th, 1761.
" Sir :
" His Majesty's service rendering it indispensably necessary that I should move Vaughan's Regiment from their present Quarters to Philadelphia, and, through the present Situation of the Troops, having no others to relieve them with, or to send in their Stead to the se- veral Forts and Posts within the Communication to Pittsburgh (which, for the Security and protection of the Country, must be kept up, and cannot be done without proper Numbers), I am under a Necessity to desire that upon the Receipt hereof you will call your Assembly together, and move them forthwith to raise Three Hundred Men, properly officered, for the above Service, and that you will, immediately after they are so raised, cause said Levies to be directly set in Motion towards the above Forts & Posts, agreeable to the proportions which Brigadier General Monckton (who ac- quaints me that that Number is requisite) may allot to each.
" I am, with great Regard, Sir,
" Your most Obd Humble Servt.,
"JEFF. AMHERST.
"To the Honourable JAMES HAMILTON, Esq'" Lieut Governor of the Province of Pennsylvania."
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March 10th, 1761.
Whereupon, the Governor amended the Bill, making it commence at the end of Six Months after the passing it, and to continue only four Years; And Whereas, they had presumed to name Richard Pearne for the Collector of the Duties in the Body of the Bill, he sent the Bill back to the House, with the said Amendments, and the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
"I now return the Bill intituled ' An Act for laying a duty on Negros and Mulattoe Slaves imported into This Province,' with some Amendments, in order to make it more agreeable to, and con- sistent with the Nature of an English Constitution.
. "For I cannot help observing, Gentlemen, that in the framing of this, you have not only fixed upon the Officer to put in execution, but have, likewise, inserted the name in the Bill, without having previously acquainted me with your intention, and obtained my con- currence to such Nomination.
"Nevertheless, although I am well assured from the best autho- rity that this practice is altogether unconstitutional, and see no
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foundation for it in the Charter of Privileges, or Laws of the Pro- vince, yet from my having nothing to object to the Gentlemen you have thought fit to name, I am induced, on the present Occasion, to wave the right inherent in me as one Branch of the Legislature, and to let the Bill stand as it does in that respect.
" But, at the same time, Gentlemen, I think myself obliged to acquaint you that in all future instances of appointing an Officer by Act of Assembly, I shall hold myself indispensably bound, in men- tenance of His Majesty's Prerogative, to object to any officer that shall be named in such Bill, unless his appointment shall have been first mutually agreed upon betwixt you and me in a Conference for that purpose, however agreeable or acceptable to me the person might otherwise be.
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