Colonial records of Pennsylvania, Vol. VIII, Part 63

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

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A Belt of 10 Rows.

" Brethren :

"I must put you in mind that at the time of our Exchanging the great peace Belt at Easton, which you have since laid hold of, and put into your Bosoms, it was expressly promised by all the Nations of Indians, & made a principal article of that Treaty, that our Flesh and Blood, who have been so long prisoners among the Indians, should be delivered up to us, and that if any of them had'gone down their Throats, they would heave them up again, I must, there- fore, most earnestly desire that you will bring with you all the pri- soners you have, and use your Interest with all the Indians in Al- liance with you, to do the same, and wipe away the Tears from our Eyes, that nothing sorrowful may rest upon our mind on so joyful an occasion as that of meeting you, our Brethren, after so long an absence.

A Belt of 11. Rows.

" In Consideration of your Services, & your Fatigue in the long Journey you have taken, I have ordered some Cloaths to be deliv- ered to you, to supply the place of those you have worn out, and have torn by the Bushes on the Road."

The Governor ordered the following Letters to be entered, which had passed between him, Governor Fitch, and General Am- herst, on the affair of the people from Connecticut, settling the Lands of Cushietunck, &ca., together with the Attorney General's opinion about it.

The Attorney General's opinion concerning the Connecticut Tres- passers.

" Q. Whether the people of Connecticut have any Colour or pre- tence under their Charter to set up this right to this Tract of Land,

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Westward of New Jersey, thro' pennsylvania as far as the south Sea, and what is most advisable for the Proprietaries of Pennsyl- vania to do in case the Government of Connecticut persist in their Claim ?

" If all the Colonies in North America were to remain at this Day bounded in point of Right, as they are described in the Origi- nal Grants of each, I do not believe there is one Settlement in that part of the Globe that has not in some measure either been en-" croached upon or else usurped upon its neighbour, So that if the Grants were of themselves the only Rule between the contending Plantations, there never could be an end of their Disputes without unsettling large Tracts of Land where the Inhabitants have no bet- ter Title to produce than either Possession or posterior Grants, which in point of Law would be Superseded by prior Charters. Hence, I conceive that many other circumstances must be taken into Con- sideration besides the parchment Boundary, For that may at this day be extended or narrowed by Possession, Acquiescence, or Agree- ment, by the Situation and Condition of the Territory at the time of the Grant, as well as by various other matters with respect to the present dispute; The Western Boundary of Connecticut was Barr'd at the time of the original Grant by the Dutch Settlement, and the Crown was deceived when they Were prevailed upon to convey a Territory which belonged to another State, then in Amity with the Crown of England ; Besides this objection, the Settlement of the new Boundary under the King's Commission in 1664, and what is still stronger, the new Line marked out by Agreement be- tween this Province & New York, has now conclusively precluded Connecticut from advancing one foot beyond these Limits.

"It was absolutely necessary for the Crown, after the Cession of New Netherlands, to decide the Clashing rights of the D. of York and the adjoining Colonies, & therefore, all that was done by virtue .. of the Commission then awarded for that purpose, must at this day be deemed valid, as the Nations have ever since that time submitted to those Determinations, & the Colonies of New York and Jersey submit only upon the authority of those Acts. I am of opinion, therefore, that the Province of Connecticut has no right to resume their ancient Boundary by over Leaping the Province of New York, or to encroach upon the Pennsylvania Grant, which was not made till after the Connecticut Boundary had been reduced by new Con- fines, which restored the Land beyond those Settlements Westward to the Crown, and laid them open to a new Grant. The state of the Country in dispute is a material State Reason why the Crown ought to interpose in the present Case, and put a stop to this grow- ing Mischief; but I doubt this Business cannot be adjusted very soon, because Mr. Penn must apply to the Crown for Relief, which method of proceeding will necessarily take up time, as the province of Connecticut must have notice and be heard.

"C. PRATT.

" March 7th, 1761."

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"Q. 1st. Are these Patents or Commissions thus made valid in Law? and if not how are they to be avoided ?

"I am of opinion that these Commissions, which were granted immediately after the act of Assembly passed, must be taken to have been granted in pursuance of that Act, and therefore, now that Act has been rejected, must drop, of Course, and whatever the Governor's intention might be at that time, no parol Evidence will be admitted, to explain his Design or to show in what Capa- city, or under what right he granted these Commissions, and there- fore the Law will rather presume they were made according to Law under the directions of the Act, than against the Governor's In- structions, and in Breach of his Duty. I think that the Commissions are ipso facto vacated by the rejection of the Act, and Mr. Penn is at liberty to grant new Commissions without any proceeding by scire facias, for the others are absolutely suspended.

"March 7, 1761."

" C. PRATT.

A Letter to General Amherst from Governor Hamilton.

" PHILADELPHIA, May 10th, 1761.

" Sir :

"I am greatly concerned at being under a necessity of giving your Excellency some trouble in an affair that hath lately happened in this Province. I was in hopes the measures taken by me would have put a stop to it, and that there wou'd have been no occasion to have taken up any part of your time about it ; but as those mea- sures have failed, I have good reason to think that nothing less than your interposition can prevent the renewal of fresh Disturbances from our Indian Allies, and I have the satisfaction to find that Sir . William Johnson, to whom I have communicated what hath passed, joins with me in opinion, with respect to the propriety of applying to you on the Subject.

" The story is a very long one, but in order to save your Excel- lency what trouble I may, I shall relate no more of it than is abso- lutely necessary to give you a just conception of the transaction, & of the train of evils it may be productive of.

" In the Year 1754, some of the Inhabitants of Connecticut en- ter'd into an association to settle the Lands at Wyomink, and other Lands upon the Rivers Susquehannah and Delaware, in the very Center of this Province, under a pretence that the same were in- cluded within the Connecticut Grant from the Crown, notwithstand- ing that the Western Boundaries of that Colony were adjudged (by a' decree of the King in Council, in the Year 1700), to extend no further than to the Eastern bounds of the province of New York.

" If the right to the Lands in Question was only a matter of dis- pute between the King's Subjects, the common course prescribed

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by Law might be taken, and the matter be thereby brought to a legal issue, & in that Case there would be no occasion for me to give your Excellency any trouble about it.

" But it happens unfortunately that these very Lands are claimed by the Six Nations (as having not yet been purchased from them), Who, on an application made to them for that purpose, at the time of the Convention of the Deputies of the several North American Governmts., at Albany, in the Months of June and July, 1754, did declare that they would not upon any account part with those Lands, either to the people of Connecticut or to the Proprietors of Pennsylvania, but that the same should be reserved for their hunt- ing Grounds, and did insist that no White people should be permit- ted to take possession of them, to which end they (the Six Nations in Council) did then and there appoint John Sheck Calamy, one of the Oneida Nation, living at that time near to Fort Augusta, to be their Agent for those Lands, with express orders that in case any White people should attempt to settle upon any of the Lands be- tween the Rivers Susquehannah & Delaware, to the Northward of the Proprietary purchases, He should immediately make Complaint thereof to the Governor of this province, in order that they might be forthwith removed.

" Having had the Honour at that time to be in the administra- tion of this Government, and being made acquainted with the senti- ments of the Six Nations upon this head by the report of two Gen- tlemen, whom I had commission'd to treat with them for a new purchase of Lands in behalf of the proprietors ; I was no sooner in- formed of a Settlement intended to be made by the people of Con- necticut on those reserved Lands, than I immediately wrote by express to Mr. Wolcot and Mr. Fitch, then Governor and Lieuten- ant Governor of that Colony, setting forth the intelligence I had received & the consequences to be apprehended from such a proceeding, and desired to know if those people were countenanced by that Government, & on their both declaring that they had not received any such countenance, and Mr. Fitch in particular express- ing a bad opinion of the design, I thought they would have desisted from any further prosecution of it, but it seems they did not. How- ever, upon their making some fresh attempts in the fall of that Year, Mr. Morris, who succeeded me in the administration, made such very strong remonstrances to the Government of Connecticut thereupon, that the matter was no further prosecuted at that time.

" As the Letters wrote by myself and Mr. Morris, with the an- swers of the then Governors of Connecticut, contain a true relation of this Transaction, I have directed them to be copied, and take the liberty to send them herewith for your Excellency's informa- tion.

" Besides what passed at Albany in the Year 1754, I beg leave to acquaint your Excellency with some other circumstances attend- ing this affair, which cannot fail to make the present attempt to settle those Lands appear in a very bad light to our Indian Allies.

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" Several Tribes of Indians, tributary to and dependant on the six Nations, & particularly the Delawares & Nanticokes, finding themselves streightned for want of room in the English Settlements, were obliged to remove, and were placed by the Six Nations at Wyomink and other places on the River Susquehannah, where they lived till the War broke out, and then, being seduced by the French, were deeply concerned in the ravages committed on our Frontiers. After some time, by the assistance of Sir William Johnson & the Six Nations, they were prevailed on to suspend Hostilities, & brought to confer with us, and at Length a peace was concluded at a Treaty held at Easton in the Year 1758, with their Chief Teedyuscung, by whose good Offices, & the influence of the Six Nations, the In- dians to the Westward were drawn off from the French Interest at the very time that General Forbes was on his March against Fort Du Quesne, which greatly facilitated the reduction of that Fortress.

"And in order to satisfy your Excellency how much those In- dians have it at heart to be quieted in the peaceable possession of the Lands now attempted to be invaded by the Connecticut People, and of how great importance it may be to the future harmony and good understanding between us, that strict Faith should be kept with them by his Majesty's subjects, Mr. Peters, one of the Mem- bers of Council of this Province, who waits upon your Excellency on this occasion, will have the Honour to lay before you Extracts from the Easton Treaty, by which the solemn Stipulations this Government was obliged to enter into with them on this Subject will appear, and without which it is probable that all our Endea- vours to conciliate their Friendship would have proved fruitless.

" In consequence of these Stipulations, which have never been violated by us in a single instance, and at the request of the In- dians, this Government hath, at the publick Expence, built houses for them at Wiomink, and hath from time to time, as there was occasion, supplied them with Flour and other necessaries, without entertaining the least suspicion that the Connecticut people would ever again think of renewing their project for settling those Lands, so circumstanced as is above set forth. Nevertheless, some time last Summer, they did, as I am informed, renew their purpose, and in consequence thereof began to take possession, open Roads, and lay out Townships, with intent to appropriate and settle them for their own advadvantage. I did not, however, hear of their pro- ceedings till September last, when I immediately dispatched the Sheriff and Magistrates of Northampton County, in which the Lands lie, to bring me a certain account of what they should see doing there, and with orders (in case they should find any Persons what- ever attempting to make a settlement) to let them into the circum- stances of those Lands, and to warn them off.

"In the mean time Teedyuscung, who had also heard of these Proceedings, came down to me and made a formal Complaint of the breach of the Treaty entered into between us & the Indians at Easton.

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" When, by the return of the Sheriff and Magistrates, and the report they made to me, I knew the thing to be certainly true, I forthwith wrote to the Governor of Connecticut acquainting him with these proceedings, and requesting him to use his utmost Influ- ence with the people of his Government to desist from prosecuting so unjust a Scheme at the risque of being cut off by the Indians, and involving us in a new War with those people; but to my great Surprize I have not yet received any answer to my Letter.

" I delayed not, however, to issue a proclamation strictly prohib- iting all persons from joining with, or in anywise aiding or abetting such dangerous practices, and caused the same to be published, as well seperate as in the Gazettee, to the end that all might have due notice to avoid engaging themselves in so unwarrantable an enter- prize.

"The report of the Gentlemen who was sent by me the last Fall to order the intruders to remove, The late Conferences with Tee- dyuscung, & my Proclamation upon the Subject, with Mr. Hynd- shaw's deposition, who was upon the Spot about three weeks ago, of all which copies are herewith sent, will furnish your Excellency with every thing I know relating to this unhappy affair. Sorry I am that it was not in my power to make you Master of this Sub- ject without engaging your patience in so long a Detail; but I am in hopes the importance of the matter will not only make my apol- ogy, but engage your Excellency to use your influence with the Governor of Connecticut to recall these Intruders, and not suffer them either to retain their possessions, or to make any Settlements in that Country.

" Your Excellency will please to observe, by the complaint lately made to me by Tecdyuscung, that the Indians are not only alarmed, but greatly irritated at these proceedings, and have threatened to remove the people by force, should their application to us prove ineffectual, which may in its consequences involve us again in a War with them-an event much to be dreaded, as it must of course be grievous to this and the neighbouring provinces, and very inju- rious to the British Interest in General; but I flatter myself these Evils will be prevented by your Excellency's timely interposition in such manner as you shall think most proper and likely to answer the purpose.

" I have the honour to be, with the greatest respect, "Sir, your Excellency's most obedient "and most humble Servant,

"JAMES HAMILTON. " General AMHERST."

VOL. VIII .- 10.

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A Letter from the Governor of Connecticut to Gou'r Hamilton in answer to his of the 10th of February last.

NORWALK, 7th May, 1761.

" Sir :

" Upon receiving your Letter of the 10th February, I thought it expedient to make some more particular Enquiry concerning those affairs you mentioned than I had before made, that I might give as exact an account of those matters as I could obtain, and should have wrote you an answer some time since but have been prevented by indisposition, which I presume will be a sufficient ex- cuse for my not acknowledging the receipt of your Letter till now ; I find that in May, 1755, a memorial was preferred to the Assembly by some Gentlemen in behalf of certain Purchasers who were therein called the Susquehannah Company, representing they had, for a very valuable Consideration Bonafide, purchased from all the allowed Chiefs of the Six Nations or Iroquois a large Tract of Land situate on the Susquehannah River, about sixty or Seventy Miles North and South, and from about Ten Miles East of said river, to

extend two degrees Westward for the purpose of carrying on a Nu- merous and well regulated Plantation ; and that as they were sen- sible such purchase could not alone vest in them the absolute Fee, they were also equally apprehensive of the necessity of obtaining his Majesty's Confirmation and royal authority to their Incorpora- tion, but as they suppose the Lands lay within the original Limits of the Connecticut Charter, they were doubtful whether the former Grant contained in that Charter might not be objected to their ob- taining such Confirmation, as they signified to be their Intention to apply for. Upon this the Assembly signified their opinion that the peaceable and orderly erecting and carrying on a well regulated Colony or Plantation there, might have a good effect &ca., and accord- ingly manifested their ready acquiesance therein if it should be his Majesty's royal pleasure to grant said Lands to the Petitioners, and thereupon to settle and erect a new Colony in such form, and under such regulations as might be consistent with his royal Wisdom ; whether the Assembly at that time had any apprehension those Lands were in the Limits of the Charter of Pennsylvania or not, I am not able to say; I suppose very few, if any, among us were ac- quainted with the particular description of the Bounds of that Charter ; But whether such purchase and proceedure interfered with any other Claim, the Assembly did not undertake to consider, as the motion was that they should by some Declaration signify that Connecticut would make no claim under the charter to this Colony, in opposition to their motion to the Crown, which the Assembly readily made ; Thus Sir, you see that the Assembly have been so far from making a Grant of those Lands that they rather disclaim them and leave those who have any Challenges by purchase, or former Grants, to conduct and manage as they think proper.

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"This Government, therefore, as such, have no concern in those affairs, nor have any inclination or disposition to interest itself in any dispute about those Lands; and, altho' the purchasers may, most of them, live in Connecticut, yet, as they act in a private Ca- pacity, and even out of the Government, we can do nothing only by advice relative to their Conduct under another Jurisdiction. The impropriety, therefore, of this Government undertaking to prohibit people's purchasing Lands in the Limits of your proprietary's Claim, and in your Government or any other, save our own, must be very apparent, as every Government has the sole right to command, forbid, &cª", in its own Jurisdiction, so has pennsylvania in the pre- sent Case, if these things are within it ; Nevertheless, as far as my influence will extend, I shall not fail in using it to prevent the ill consequences you mention ; but if those purchasers should apply to the King, You will, doubtless, have a fair opportunity to oppose any motion they may make.

" I have lately heard there are another set of purchasers, called the Delaware Company, but I know but little about them, only I suppose they claim more East, than the other, and am ready to think the Familys you mentioned to be settled in those parts are under that Company, but who they be, when and what they purchased, I am not informed.

" I am, Sir, with much respect,

" Your most Obedient and most humble Servant,

" Governor HAMILTON."

" THOS. FITCH.

Extract of Governor Fitch's Letter to General Amherst, communi -. cated by the General to Governor Hamilton.

(Extract.) " HARTFORD, 30th, May, 1761.

" Mr. Hamilton, sometime since, wrote to me on that affair, to, whom I sent an answer, which, I trust, will be to his Satisfaction, but he had not received it when he wrote to you; I acquainted him that there were a number of Persons, mostly, I supposed, living in Connecticut, who represented to the Assembly they had pur- chased of all the allowed Chiefs of the Six Nations of Indians, a large Tract of Land on the Susquehannah river, and proposed to pe- tition the King for a Charter, but as it was supposed it lay within the Original Bounds of the Connecticut Charter, it might, on that account, be objected against them, it had been already granted, &cª .; On this, the Assembly declared that if his Majesty should think proper to grant their request, this Government acquiesced therein,, which is no more than saying they had no objection or claim against

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it, and that this Company have, as yet, made no pretence of entring on those Lands.

"I acquainted him, likewise, there was another Company of Pur- chasers (as I was informed), who called themselves the Delaware Company, but who they were, or of whom they purchased, I was not able to say, and that it was from this last mentioned Company, those people who had entered on those Lands proceeded, and with regard to both, that they were particular Persons, acting for them- selves, and that the Government in no ways interested itself with, or was concerned for them.

" You will therefore see, Sir, there is no dispute between the two Governments about those Lands ; Nevertheless I acquainted him I would use my Influence to prevent the Ill consequences he men- tioned, and as I am sensible a Controversy with the Indians would be very unhappy, I shall endeavour all I can to diswade the people that live in Connecticut from laying any foundation for such bad Consequences.

" THOS. FITCH.

" His Excellency General AMHERST."

One the 29th of May, 1761, The Indian Telinemut delivered to the Governor two prisoners, viz : Amy Brennan, aged 18 Years, and Elizabeth Carr, a very young Girl, and informed him that more would have been sent, but they were delivered to Sir William John- son by the Indians who sent them.

A Letter from his Excellency General Amherst, with a return of the English prisoners inclosed in the said Letter were read, and is as follows :

A Letter from General Amherst to the Governor.

"ALBANY, 15th June, 1761.

" Sir :

"Amongst the Children lately sent from Canada, that had been in the hands of the Indians, & some that had been secreted by the Canadians, I find there are six that were taken in the Government of Pennsylva, and two in Virginia, all whom I now send you, with the inclosed return which contains all the intelligence I can give you of them. And I beg you will be pleased to deliver them to their parents or relations, and forward the two belonging to Virginia ·with a proper passport, that they may be restored to their parents.

" The person whom I have sent with these Children, has received provisions for them during their passage, and has my orders on his arrival at Amboy, to provide them with what they may want, and proceed with them to Philadelphia.

" I enclose you paragraphs of a Letter I have received from Gov- ernor Fitch, in answer to the one I acquainted you I intended to write him, in relation to the encroachments making by the Connec-

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ticut people in the Government of Pennsylvania, & hope that affair will be amicably settled for the mutual advantages of both pro- vinces.

" I am, with great Regard, Sir, " Your most Obedient humble servant,

"JEFF. AMHERST.

" Honble. Lieut". Gov". HAMILTON."

Return of English Children, delivered up by the Indians and Canadians, that were taken in the Province of Pennsylvania & Colony of Virginia.

Nicholas Silvias, of Plowpark, in pennsylvania, taken in 1755, by Indians.

John Mann, of Marsh Creek, in pennsylvania, taken in 1758, by Indians.

Frederick Payer, Of Low Bergen, in Pennsylvania, taken in 1756. His Father killed, but his Mother is, he believes, still living.

Anne Coon, of pennsylvania; her Mother Dead, & her Father was taken at the same time.

Isaac Toople, taken near presque Isle in 1756.

Mary Williams, Daughter to one Daniel Williams, taken by In- dians on the Delaware, about Five Years ago ; Believes her Father and Mother were killed.

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Colonial records of Pennsylvania, Vol. VIII, Part 63

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