USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 70
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"ISAAC NORRIS, Speaker.
"March 17th, 1762."
At a Council held at Philadelphia, on Tuesday the 23rd day of March, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Benjamin Shoemaker, Richard Peters,
Joseph Turner, ? EsqN.
In pursuance of the Governor's Message of the 16th Ultimo, to the Assembly, setting forth His Majesty's Requisitions from this Province to raise and pay a number of Troops for the service. of
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the present War, the House sent up to the Governor for his Con- currence. a Bill entitled
"An Act for striking the sum of Seventy thousand pounds in Bills of Credit & giving the same to His Majesty, and for provid- ing a fund for sinking the Bills of Credit to be emitted by virtue of this Act."
Which the Governor having considered, and found to be directly repugnant to the Judgment and determination of His Majesty in Council on Acts of the like kind, which had been repealed, His Honour laid the Bill before the Board, with his objections thereto, and a Message to the House, which was read and approved, and the Bill was returned to the House with the following Mes- sage, viz *:
A Message from the Governor to the Assembly.
" Gentlemen :
" On the important Occasion of His Majesty's several Requisi- tions from this Province, it would have given me the greatest pleasure to have received such a Bill from you for carrying them into execu- tion, as I could chearfully & willingly have given my Assent to.
"And I flatter'd myself that the solemn Decision of His late Majesty in Council on certain points long contested between the different Branches of our Legislature, would have fixed them so certainly that each would have rested satisfied, & that no future Contention could have arisen about them.
" Judge then of my surprize and concern, when on perusal of the Supply Bill, now sent up for my Concurrence, I found it to contain the very same Clauses and provisions, on account of which, principally, some of your late Laws were repealed.
" I would have amended your Bill, Gentlemen, in such manner as to have made it correspond with the declared Judgment and Opinion of his late Majesty's privy Council on an Act of the like sort, and with the Stipulations entered into on your Behalf by your Agents in England, but that was found impracticable, without being obliged in a great Measure, to new Model the Bill; a province more particularly belonging to you. I shall, therefore, content my- self at present, with pointing out to you two Clauses or provisions which were required by their Lordships to be inserted in a former Supply Bill, as a necessary Condition to prevent it's being repealed, one of which is not only entirely omitted, but both of them are virtually contravened by the present Bill; and the Opinion of the Lords of Trade with regard to a third point, in which the Bill now before me, is liable to the strongest & most material Objection.
" The first relates to the Disposition of the publick Money, on which their Lordships are pleased to insist, 'That the Governor's consent & approbation be made necessary to every issue and appli- cation of the Money to be raised by virtue of such Act.'
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" The second regards Acts for creating & issuing Paper Bills of Credit, in lieu of Money, on which their Lordships have given their Judgment; 'That the payments by the Tenants to the pro- prietaries of their Rents, shall be according to the Terms of their respective Grants, as if such Acts had never passed.
" The third relates to the connecting & blending things together in the same Bill, which have not the least necessary Relation to each other, on which the Lords of Trade were pleased to express themselves in the following Words :
"We have likewise, my Lords, another very material objection to this Bill, as it is now constituted, arising from the Re-emission, being connected with the Loan to Colonel Hunter, with which it has not the least necessary Relation. By this method of blending together, in the same Bill, Things which are, in their own nature, totally seperate, the Crown is reduced to the alternative of passing what it disapproves, or of rejecting what may be necessary for the publick Service ; And this manner of framing Laws has been always so exceptionable to his Majesty, that in Governments more immediately under the Controul of. the Crown, it is a standing In- struction to the Governor, not to give his assent, whenever it was proposed that matters of a different nature should be regulated in the same Law.
" I do therefore earnestly request you, Gentlemen, to reconsider your Bill, and to make such alterations therein, as may render it agreeable to the Judgment and Opinion of his Majesty's privy Council in the Points above mentioned ; and further, that in Con- sequence of the Opinion of the Lords of Trade, so strongly & de- liberately given, you will also exonerate it of their Lordship's objec- tions, by seperating from the Bill of Supply all such parts and Clauses as have no necessary Relation to it, that I may be at Liberty to judge more impartially of their Merits when regulated apart and by themselves.
"When these essential Objections, Gentlemen, which I have now laid before You, are removed, I am in hopes there are few other diffi- culties remaining, but what may be got over in favour of so necessary & important a Measure as ought to make the principal Object of this Bill, & for that purpose I now send it down to You.
"JAMES HAMILTON.
"March 23rd, 1762."
" A Bill entituled ' An Act for erecting the Southern Suburbs of the City of Philadelphia into the district of Southwark, for making the Streets & Roads already laid out therein Public Roads and High- ways, and for regulating such other Streets and Roads as the In- habitants thereof may hereafter lay out, and for other uses and pur- poses therein mentioned ;' being presented to the Governor for his assent, was read and approved & returned to the House without any Amendment or Objection to it.
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"Then was read also a Bill entituled ' An Act for regulating, pitching, paving and cleansing the Highways, Streets, Lanes and Alleys, and for regulating, making & amending the Water Courses and Common Sewers, within the Inhabited and settled parts of the City of Philadelphia, and for raising of Money to defray the Ex- pences thereof.'
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EODEM DIE.
MEMORANDUM.
The Assembly sent up the Supply Bill to the Governor by two Members, with a verbal Message that the House adhered to the Bill.
-
"
24th March.
The Governor returned to the House the Bill entituled "An Act for regulating, pitching, paving, and cleansing the Highways, &ca.," with a few literal Amendments, having no objection to it in general.
The Secretary, by the Governor's Order, acquainted the House that His Honour intended to send the House his Result upon the Supply Bill sometime to-Morrow Morning.
25th March.
MEMORANDUM.
The Governor returned the Supply Bill, with the following Mess- age to the Assembly :
A Message from the Governor to the Assembly.
" Gentlemen :
" The Alterations proposed to be made in your Supply Bill were, in Consequence of the Judgment and Opinion of his late Majesty's Most Honourable Privy Council, on a Bill of the like Nature with this, when, after having heard the Merits of it debated before them by learned Counsel on both sides, their Lordships were pleased to report it to his Majesty as their opinion, that the same ought to be repealed, unless among others, two of the alterations I have now offered to your Consideration should be made therein.
"And as that august Judicatory is deservedly constituted the last Resort in all Cases, from the Plantations, I was in hopes, and in-
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deed made no Doubt but you would have acquiesced with their De- termination, & regulated your Bill in Conformity to it.
" It could not, therefore, but give me the greatest Concern to find, by your Message of the twenty-third Instant, that you adher'd to the Bill as sent up to me, thereby refusing to admit of any of the alterations proposed, & thence, of necessity, depriving His Majesty of all benefit from your Grant.
" For whatever the present Occasion for Supplies may be (and you have heard from the best authority that they were never greater), I am confident His Majesty would think them purchased at too dear a rate, were they to be obtained, by giving up any of the just, legal and essential powers of Government.
" I forbore, Gentlemen, to enter particularly into several other parts of your Bill, which, tho' not agreeable to me, might yet have been got over in favour of so important a Service, and confined my- self to the three particulars which had already undergone the cen- sure of the Board of Trade and Privy Council, and received their Determination. I cannot, however, omit to observe, that although you are pleased to stile it a Grant to His Majesty of Seventy thou- sand Pounds, yet, in reality, not more than thirty thousand of this Money, even at the highest Estimate, was to have been made use of for the purposes of the King's requisitions, a considerable part of the remainder being ordered to be applied to the discharging of old debts and new Services, many of which had not the least ne- cessary relation to the present Supply Bill, & others for which pay- ment had already been ordered from the Treasury and Loan Office.
" You are sensible, Gentlemen, that the sole intention of your continuing to sit at this time, was to consider of His Majesty's Re- quisitions, and to make Provision for carrying them into execution, and this I acknowledge would have been done in a certain, though very inadequate Degree, by the Bill sent up for my Concurrence, had you not, at the same time, rendered it ineffectual by having blended with it several matters totally foreign to, and which had no necessary Connection with the Supply granted to the King; and moreover by your insisting to retain in it several Clauses & Provi- sions which flatly contradict the Judgment & Decree of His late Majesty in Council, which I shall always think it my duty to regard with the greatest Deference and Respect.
"If the several Provisions respecting the debts now chargeable, or which may hereafter become chargeable to the Province, (and with which your Supply Bill is clogged) be really for the Public good, as I profess to have as high a Regard for the Honour and In- terest of the Province as any Person in it, You may be assured that I now am, or shall at any future Time, be ready to take into Consideration, and to concur with you in any measures which shall appear just and reasonable for rendering them beneficial to the pub- lic. I can, therefore, see no occasion you have for blending or tacking them to the present Bill of Supply, as you thereby neces-
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PROVINCIAL COUNCIL.
sarily overthrow your own Work, and instead of advancing the King's service, impede and obstruct it.
"Upon the whole, Gentlemen, if, as I would willingly hope, you are seriously and heartily disposed to render the Grant you have made to the Crown effectual, You will no longer delay to separate from your bill such Parts and Clauses as have no necessary relation to the principal End and Intention of it, the Supply to His Maj- esty, & you will also adopt and insert in it the two Clauses or Pro- visions I mentioned to you in my message of the twenty-third Instant, which were required by the Lords of His Majesty's Coun- cil to be inserted in a former Supply Bill, as a necessary Condition to prevent its being repealed, the one for the sake of Justice, the other from a regard to the legal powers of Government, and as not at all interfering with any of the Rights or Privileges of your House, either under your Charter or other Fundamental Law of this Province ; which, if you shall longer decline to do, I am afraid you will find no little difficulty in convincing His Majesty's Minis- ters of the Sincerity of your Intentions in the Grant you have now nominally made to the King.
" Let me, therefore, intreat you, Gentlemen, before it is too late, to reconsider your Bill, & to return it again to me as soon as con- veniently you can, freed and exonerated of the above mentioned ob- jections, in such manner as that I may chearfully concur with you in giving my Assent to it, without injuring the just rights of Gov- ernment, or wounding my own Honour ; For however solicitous I may be that His Majesty should receive from this Province the best aid and assistance we are able to afford him at this critical and important Juncture, which so loudly and importunately calls for it, yet I can never consent to obtain it by inflicting so deep and severe a Wound, both in the executive & legislative powers of this Gov- ernment, as the passing of your Bill, as it now stands, would amount to.
" JAMES HAMILTON.
"March 25th, 1762."
The same day two Members waited on the Governor to know what time he would be pleased to appoint for the attendance of the House, in order to pass the two Bills which had received his Assent.
26th of March.
The Governor by his Secretary having acquainted the House that he was in the Council Chamber and required their attendance, The Speaker and the House waited on his Honour accordingly, & pre- sented to him the two following Bills, which the Governor enacted into Laws, & by his Warrant ordered the Great Seal to be affixed thereto, Viz',:
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" An Act for erecting the Southern Suburbs of the City of Phila- delphia, in the District of Southwark, &ca."
" An Act for regulating, pitching, paving & cleansing the High- ways, Streets, &ca."
The Speaker then acquainted the Governor that the House pro- posed to adjourn till the 6th of September next, To which the Gov- ernor, seeing no probability of their agreeing about the Terms of the Supply Bill, made no objection.
At a Conference with the Indians held at Philadelphia on Tues- day, the 30th of March, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esq", Lieutenant Gover- nor, &ca.
Richard Peters, Lynford Lardner, S Esq's., of the Council of the Province.
Joseph Fox, Fsqr-, one of the Representatives in the Assembly.
Men of the Cayuga Nation, whose names are, vizt,
Tatyonon ton ha, ? both Chiefs.
Horachseteacu,
Conohanioku, S
Hotroghiaghe,
Honohughwe, Zowohees,
Skronoghe,
Conotohoghk,
Thogatshiot, John Ye., Speaker, Tiogards,
Kentorontei,
Sogonegoghlos,
Tiochguauny,
Coheroto,
Caroghuonantocu,
Coeghroto,
Tadwogancung,
Thajatorecks,
Huwonochseshung,
Thawojogarol,
David Seisburger, Interpreter.
The Governor being Yesterday informed that Twenty-one Indians of the Cayuga Nation had come to Town last Sunday, & that they had Business with him, he sent for them, bid them Welcome, & de- sired that they would let him know what they had to say to him.
Then Totyonontonha spoke to the Governor as follows : " Brother :
" I am glad to see you; I have found the road very bad in com- ing here by means of the deep Snows, so that I had liked to have tired on the way, and was so cold that the fire would hardly keep me warm.
" Brother :
" At the last Treaty at Easton, you spoke to me concerning the Prisoners, & desired me to assist you in recovering Your Flesh and Blood.
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PROVINCIAL COUNCIL.
" Brother Onas :
" After the last Treaty of Easton, I came down with the Nanti- cokes to Philadelphia, and you spoke to me again about the delivery of the Prisoners, & told me you had sent several Belts among the Nations to deliver up the Prisoners, & that notwithstanding these Belts nothing has yet been done; You told me further that you knew where the Prisoners were, & that if they would not deliver them you would fetch them yourself ; You spoke further to me at the same time, and said you, the Onondagoes, Cayugas, Oneidas, & Tuscaroras must send down the Prisoners among you.
"Brother :
" After we returned home there was a Council held at Onondago, & from that Council 4 Belts were sent to the Oneidas, Cayugas, Tus- caroras, & Senecas, letting them know that Brother Onas requested that each Nation would send down the Prisoners that were among them.
" Brother :
" We, the Cayugas, went to the Senecas, and told them what Brother Onas had said about the Prisoners, & desired them to make haste & think of the matter, but they returned us no answer for two Months; We then went to their Town again, and desired them to think about the delivery of the Prisoners, but we received no answer till twenty days afterwards, when we went to them a third time upon the same Business ; They then told us that what we said was true, & that they would kindle a small Fire on the Leaves, and afterwards would go to Onondago, where there should be a great Fire kindled, and when they had done, they would set off for this Province.
" Brother :
" We think likewise that the heads of the Seven Nations are on the Road now ; That they as well as the Delawares will come down and bring all their Prisoners with them.
" Brother :
" After the Council was over at Onondago, the Senecas sent five of their Indians to the Cayuga Town, who told us that they had finished at Onondago, and would hold a little Council among them- selves, and then set off with the Prisoners, that some of them would go by Sir William Johnson, & from thence by the way of Chenango, and others of them would come down the Cayuga Branch by Secaughcunk, and that they would bring the Prisoners from Allegheny as well as from all other parts; and they gave us this String, desiring us to go and acquaint their Brother Onas, with their Intention of coming down.
A String :
" Brother :
" When your Flesh and Blood comes to you, you will find that they are very ragged and will want Cloathing, & you will take care of them.
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" Brother :
"The Seven Nations sent this String by us to desire that yo will send for George Croghan & Montour, that they may } here against we come, for they think they are at a great distance.
A String.
" Brother :
" We intend to sett off to-morrow Morning, to return home, an we expect to meet the Seven Nations coming down. They desire us to make haste back.
" Brother :
" They told us perhaps you will get fine Cloaths, & then we sha be glad.
" Brother Onas :
"Powder is very scarce amongst us, & we cannot kill meat enoug to eat, and we desire you will supply us with some, and we mak you a present of these two Bundles of Skins and Furrs.
" Brother :
" And we desire the favour of You, to give us some Kettles Paint, and some little necessaries that we are in want of, And w make you a present of another small parcel of Skins."
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The Governor asked them whether they had not heard that great Treaty was to be held in this Province, next Summer wit the Western Indians, And they answered that they had not hear a word about it.
The Governor acquainted them that he would consult with hi Wise men about what they had said to him, & would return ther an answer the day after to-morrow, and that they should stay i: Town till that time.
At a Conference held with the Indians at Philadelphia, the thir day of April, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esq'., Lieutenant Gov ernor, &cª.
Richard Peters, Esquires.
Joseph Fox,
20 Cayuga Indians, viz* :
Totyonon ton ha, ? both Chiefs.
Conoharrioku,
Thogatschiot, or John, the Speaker, &ca., as on the 30th Ultº. David Seisberger, Interpreter.
" Brethren :
" Now that you have rested yourselves after your fatigues il travelling so far through the Frost and Snow, I am going to give an answer to the Message you brought me from the Six Nations.
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PROVINCIAL COUNCIL.
Brethren :
" I wipe away the Ice and Snow which have hurt and bruised ur Legs and Feet in so long a Journey, & bid you welcome to is Town."
A String.
Brethren :
" You tell me that you were sent by the Six Nations to acquaint e they are coming down to the old Council Fire with their Bro- er, Onas, & that in consequence of my request at the last Treaty Easton, they are bringing with them all the Prisoners & Captives, ir Flesh and Blood, who still remain in their Country, & those of leir Allies.
" If this be really so, I shall be glad to see them, make them elcome, and give them marks of my Friendship.
Brethren :
" I thank you for the regard you have paid to the request made ou, as well at Easton, as when you were last in this town, con- erning our Flesh and Blood, and likewise for the Trouble you have een at in solliciting the Senecas and your other Friends, to collect he Prisoners among them & send them to us.
Brethren :
" We are surprized to hear that such great numbers of Indians re coming to visit us at so unusual a Season, and that they should e even now set out from their Towns, and expect you to meet them the way ; We have ever been glad to see our Brethren, and on pis agreeable occasion of bringing to us our Flesh and Blood, we hould have had a particular pleasure ; But we expected this would ave been done by a few principal men, and that we should have ad notice sent us a proper time before their setting out, that we hight have been prepared.
" Listen attentively to the answer I am going to send by you to he Six Nations, & be careful to deliver it to them in my own words.
Brethren the Seven Nations :
" I have heard the Message you have sent to me by the Cayuga Chief, namely, that you are coming to see me, & will bring along with you the Prisoners that are among you and your allies.
' Brethren :
" It would be very agreeable to me to see you on such an occa- ion as the bringing to us our Flesh and Blood. But at the Time ou propose to be here, I am obliged to be in another Province on Business that cannot be put off.
" And I must likewise inform you that this Spring I expect a number of the most respectable Chiefs of the Western Indians, who have acquainted me that they intend a visit to me, and I imagine they may be here in about two Moons, but they have promised to give me notice a little before they set out from their towns.
" Brethren :
50 05
" Finding myself under these engagements before your Messen- gers arrived, I must desire, if you are not already set out, that you
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would defer your Journey 'till the latter end of the next Moon, about which time I expect the Western Indians will set out.
" Brethren :
" If you should be already set out on your Journey, I must de- sire you will proceed no further than Shamokin, and to remain there 'till you hear further from me; There you can stay with conve- nience, and you shall be supplied with a sufficient quantity of Powder to enable you to hunt, & with meal enough to make bread for your comfortable subsistence.
A String.
" Brethren :
"At the last Meeting at Easton there was a great number of In- dians, & the Province was put to a heavy charge. I gave them the meeting at that time very chearfully in hopes of seeing our Flesh and Blood delivered according to their frequent promises, but we were mnch disappointed at seeing but one Female Child brought down ; and therefore it is with great Truth & plainness I assure you, that as we now know not of any other Business you have with us at present, if you do not bring down every prisoner among you, we shall have reason to think your professions of Friendship don't come from your Hearts, & it will not be agreeable to us to see you. " Brethren :
"Instead of such a large number of young men, Women, & Children, who occasion a heavy charge coming down on these occa- sions, We should think it would be as well to appoint a proper number of your principal Men to bring down the Prisoners, who shall be well rewarded for their Trouble, & by saving the expence attending large Companies, we should be able to make larger pre- sents of such necessaries as our Indian Brethren may be most in want of."
A String of 4 Rows.
"Brethren :
"As for my sending for Mr. Croghan & Andrew Montour, I must let you know that they do not belong to this Province, but are under the direction of Sir William Johnson, & therefore, if their assistance is wanted, you are to make your application to Sir Wil- liam Johnson, that he may, if he pleases, order them to attend the Treaty."
The String returned.
"Agreeable to your request, we have provided several things for you, which will be delivered to you by Mr. Fox ; and as you were so kind to make us a present of some Furrs & Skins, We have in return provided an Horse for Totyonontonha."
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Monday, the 5th of April, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esq"., Lieutenant Gov- ernor.
Joseph Turner,
Benjamin Chew,
Richard Peters,
Esq".
The Governor having received by the Enterprize Ship of War a Letter from the Right Honourable the Earl of Egremont, one of the Secretary's of State, dated the day of January, 1762, inclosing His Majesty's Declaration of War against the King of Spain, laid them before the Board, together with His Honour's Proclamation, which was read and approved, and a Warrant was issued to have the Great Seal affixed thereto.
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