USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 72
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" Brethren :
" I likewise instantly dispatched Messengers with an Account of this melancholly affair as well to our Indian Brethren on the Ohio as to those who live on the Susquehanna, & with both I condoled and made the usual Presents, and had I known where the Relations of the deceased lived, I should also have made them acquainted with it.
" Brethren :
" Whilst there are wicked men in the World such accidents will happen both among White people and Indians, & some White Peo- ple have been killed by Indians in several parts of the Province since the Peace, as well as a few Indians by White People, and that without any fault in those who conduct Publick Affairs on either side; These ought not to interrupt the Peace and Friendship that have been so happily restored between the English & Indians.
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" Breth after y " Bret
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" Brethren :
" We commend you for your careful and peaceable behaviour after you heard this bad news, & thank you for this friendly visit. " Brethren :
"I have related truly all that I know relating to this matter, and now with this String, I clear your Throats and take all grief from your heart."
A String.
" Brethren :
" With these Handkerchiefs I wipe away all Tears from your eyes." Handkerchiefs.
" Brethren :
" With these Strowds I cover the Grave of your deceased Rela- tions, & bury them so deep as that they may never be remembered more."
Strowds.
At a Council held at Philada on Monday ye 10th May, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Joseph Turner,
Benjamin Chew, Esqrs.
Richard Peters, Thomas Cadwallader, S
The Governor laid before the Board a Letter received to-day from Sir Jeffery Amherst, inclosing a Letter from a French Merchant at the Cape, to Mons". Boyrie, now in Town, which were read in these words :
[Blank of about one page in Council Book ].
The Council was unanimously of opinion that an Embargo should be laid forthwith on all the Vessels in the Port, till further Orders ; whereupon, a Warrant was drawn to the Collector of the Port of Philadelphia, and delivered to him, which follow in these Words:
" Pennsylvania, ss:
[L. S.] By the Honourable JAMES HAMILTON, Esquire, Lieutenant Govr. of the Province of Pennsylvania, and Coun- ties of Newcastle, Kent, & Sussex, on Delaware.
"To Abraham Taylor, Esqr., Collector of his Majesty's Customs in the Port of Philada. It having been represented to me by his Excellency Sir Jeffery Amherst, Command .- in-Chief of his Majes- ty's Forces in North America, that very full discoveries have been made, that some of the French King's Subjects have come to this
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Continent, purposely to establish a Commerce, not only for sup- porting the Enemy's Settlements with provision, but likewise their Fleets and Armies that might arrive in the West Indies ; And that having likewise certain Intelligence that great quantities of Provi- sions have been collecting in this Province, which can only be in- tended to be sent to the Enemy, He hath, therefore, (in order to put a stop to so infamous a Commerce, and to prevent his Majesty's Enemies from being supplied with Provisions from these Colonies), requested me to cause a general Embargo to be immediately laid on all the Ports within my Government, excepting for such Vessels as may hereafter be liberated by my particular Warrant or Order. I have, therefore, in compliance with the above mentioned request of the said Commander-in-Chief, and with the advice of the Council, thought proper to order and direct, and do hereby Order and direct, that an Embargo be forthwith laid upon this Port, and that you do not clear out at your Office any Ship or Vessel now in the Port of Philadelphia, or that may arrive in the said Port during the force of this Prohibition, or furnish them with the proper Clearances or other Papers that may enable them to depart this Province, without my special Warrant or Order for the same. Given under my hand & Seal-at-Arms at Philadelphia, this Tenth day of May, Anno Domini one thousand seven hundred and sixty-two, and in the second Year of his Majesty's Reign.
"JAMES HAMILTON."
A Warrant was likewise signed by the Governor under his Seal at Arms, to apprehend Mons', Boyric and one Mons". Le Roy, a Subject of the French King, who was in the same Lodgings with Mons"., Boyrie.
The Sheriff having apprehended the above Mons"., Boyrie & Mons"., Le Roy & seized their papers, they were brought before the Governor & Council and fully examined, and no Letters being found among Boyrie's papers which shew that he had given intelligence to or carried on any criminal Correspondence with his Majesty's Enemies since he came to this place, and the Letter from the Fer- eres Berby to him containing nothing more than a proposition to him to engage the Merchants at this & other places on this Conti- nent to supply the French King's Fleets & Armies with provisions by means of Flags of Truce, which proposal it does not appear he had acceded to or taken any measures to carry into Execution, or even received the said Letter or any other of the like import. And Mons"., Le Roy producing a passport from Admiral Forrest, (by which it appears that the said Mons"", Le Roy had been taken a prisoner, and carried into the Island of Jamaica), allowing him to return to France, the Council advised the Governor to treat the said Mons"., Boyrie & Le Roy as prisoners of War, & the Governor gave Orders
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accordingly, & that they should not be permitted to go out of their Lodgings till his further pleasure.
At a Council held at Philadelphia, on Thursday the 13th of May, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esq"., Lieutenant Gov- ernor.
Joseph Turner,
Benjamin Chew, EsqTS.,
Richard Peters, Thomas Cadwalader, S
Yesterday the Governor received from the House for his Concur- rence two Bills intitled as follows, which were this day read & approved, vizt., :
" An Act for granting to His Majesty the sum of Twenty-three Thousand five hundred pounds for the purposes therein mentioned."
" An Act to enable the Trustees of the State House to purchase certain Lots of Ground, the remainder of the Square whereon the State House now stands."
MEMORANDUM. the 14th May, 1762, P. M.
The Governor received the following Message from the Assembly in answer to that he had sent to the House of the 3rd Instant, at the opening of their Sessions.
A Message to the Governor from the Assembly.
" May it please your Honour :
" On our first Meeting at this inconvenient season of the Year, We immediately took into Consideration your Message of the third instant, and with the utmost Dispatch, have presented to your Hon- our a Bill for granting to his Majesty the sum of Twenty-three thousand five hundred Pounds, for the Protection of the City of Philadelphia, and other purposes, for His Majesty's Services.
" As to the Requisitions of the 12th of December, laid before our House at their last sitting, and again repeated in your present Mes- sage, give us Leave to remind your Honour that we, at that Time, presented you with a Bill for that purpose, to which you were pleased to refuse your assent; the answer to the Reasons offered in your Message for refusing to pass that Bill, are contained in the Report of our Committee approved of by the House, with a Copy of which we shall furnish you.
"To which we beg leave to add, that had your Honour accepted the Aids offered, the Men, probably, might then have been raised,
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and his Majesty's Service received the Benefit intended from them ; since which, such as were then likely to inlist, have engaged in Con- tracts for the Season, & the Province has been so drained of Men by the recruiting parties of the Crown, & neighbouring Governments, that we now apprehend, should we grant the Aids required, there would be no possibility of raising the Men.
" And as to the Requisition relating to Recruiting His Majesty's regular Corps, we find no reasons to alter our Sentiments thereon, communicated to Your Honour in our Message of the Seventeenth of March last, to which we beg leave to refer.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker.
"May 14th, 1762."
The Governor then returned to the House, by the Secretary, the two above mentioned Bills, with a Verbal Message that His Honour agreed to them, & was ready, in the Council Chamber, to enact the same into Laws, for which purpose he required the attendance of the Speaker and the House.
Soon after, the Speaker, and the whole House waited on the Gov- ernor accordingly, in the Council Chamber, where His Honour pas- sed those two Bills into Laws, & signed a Warrant to affix the Great Seal to them.
Then the Speaker delivered to the Governor the following Report of the Committee on the Governor's Messages of the 23rd and 25th of March last, relating to the Supplies then offered, viz" .:
The Report of the Committee on the Governor's Messages.
"In Obedience to the Order of the House, we have taken into Consideration the Governor's Messages relating to the Bill for granting Seventy thousand Pounds to His Majesty's use, and not- withstanding the Pains the Governor has taken in both of them, to demonstrate a design in the Assembly of infringing ' the just, legal, and essential Powers of Government,' of inflicting a deep and se- vere 'Wound on both the executive and legislative part thereof, and of depriving His Majesty of all Benefit from their own Grant,' which he is pleased to call a 'nominal One'; when their Conduct in this respect is impartially weighed, your Committee conceive those high Charges will vanish, and the whole Censure, with all the ill Consequences attendant on his refusal of the Supplies, can be im- puted, with propriety, to none but himself.
" Your Committee also conceive the Representative Body of the people have no motive to deviate from their duty in the Mode of granting Supplies to the Crown, none to wound the Constitution, or to triffle with His Majesty by offering him 'nominal Grants,' with a design at the same time 'of depriving him of all Benefit therefrom ;" they have no attachment to private Interest to interfere
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in this respect, no Instruction from Individuals to restrain their Un- derstandings, nor any inducement, but the service of the Crown, & the Welfare of the Subjects, arising from the free and unfettered Exercise of their Reason and Judgment. It is their undoubted Right to grant Supplies in their own Way, so as to be least oppres- sive & injurious to the people, on whom they are to be levied. This Your Committee apprehend they have done, in such manner as by no means merited the severe Animadversions made on their Con- duct by the other Branch of the Legislature.
"But more particularly to consider the Governor's Objections : the first is that there is no Clause in the Bill by which 'the Gov- ernor's Consent and approbation is made necessary to the Issue and application of the Money to be raised by Virtue thereof.' How groundless this Objection is, will readily appear from the Words of the Bill, which directs that certain Commissioners therein named, 'or a Major part of them, with the Consent & approbation of the Governor, shall order and appoint the Disposition of the Monies arising by Virtue of that act.' From the natural and common Import of these Expressions, 'the Governor's Consent and appro- bation' are made necessary to the Issue and application of the money granted by the Act; for we see no Difference between ' the Issue and Application' of Money, and the 'ordering and appointing the Disposition' thereof, which, by the express Words of the Bill, was to be done 'with the Consent and approba- tion of the Governor.' This appears so self-evident, that we can- not think it necessary to made any further Remarks thereon.
" The Second Objection appears to us as unreasonable as the first was Groundless. The Governor insists that a Clause should be in- serted in the bill, '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.' Here your Committee beg leave to remark, that as the Proprietaries Contracts for Quit Rents, and many Ground rents reserved, & other Contracts amongst private persons, are made in the same Terms, there ap- pears no Reason why the former should have been particularly exempted in our late Bill of the same Tenor with all the other paper Money Acts of this Province, which, though they are as much af- fected, the Interest of every Inhabitant of Pennsylvania, under like Circumstances, were both assented to by the Proprietary Gov- ernors, & confirmed by the Crown. And your Committee are of Opinion, with the House, that all Contracts & Property of the same Nature, within this Government, ought to be equally secured by its Laws, since a Depreciation of our Currency must otherwise neces- sarily ensue, to the great Loss of the British Merchants trading hither, and of the whole Province; yet the Clause so repeatedly insisted on by the Governor as a necessary part of our Bill, besides the partial Exemption it contains of the Proprietary Contracts, must tend to produce this Depreciation of the Currency, which it
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ought to be the principal Concern of every person, engaged in the Administration, to guard against & prevent.
"And, as to the last objection, we are at a loss to remark par- ticularly on it, as the Governor in neither of his Messages has been explicit enough to enable us to discover his Meaning with Certainty. In his first he contents himself with hinting (by inserting a Tran- · script from a late Report from the Board of Trade) that the Bill contained 'Things which are, in their own Nature, totally separate,' but leaves the House the Task of guessing what those things are. In his second Message he is a little more plain, & has enabled us to discover that the several Matters he conceives to be totally foreign to the Supplies granted to the Crown, are 'the debts chargeably to the Province,' and made payable out of the Monies offered by the Bill, Upon perusal of which we find the purposes, the Expence whereof was to be defrayed thereby, besides the Cloathing & paying a thousand effective Men (Oficers included) for the King's Service, were :
"First. Certain Purposes mentioned & contained in an Act of Assembly intituled 'An Act for appointing certain persons therein after named, to apply for and receive the distributive Shares and Proportions which are or shall be allotted to this Province, out of the sum and Sums of Money granted, or to be granted by Parlia- ment to His Majesty's Colonies in America,' which were to be de- frayed, by the Tenor of the Bill, out of the same Fund from which the supplies were offered. These Purposes were principally Debts due from the Crown, one of them to defray a Debt due to the Per- sons whose Servants were inlisted by His Majesty's recruiting Offi- cers; Another to pay a Debt due to the Tavern-keepers on whom His Majesty's Soldiers were billetted, without receiving an adequate Compensation for the same; A third for the payment of the Gov- ernor's Judges and other Certificates due to Persons concerned in the Administration of Government; A Fourth and Fifth to pay a thousand Pounds given towards opening the River Schuylkill, & three thousand Pounds for supporting the Pennsylvania Hospital; but to all these Purposes the Governor had given his Consent by the before-recited Law, so that we cannot suspect that any Objection would arise to the re-enacting in this Bill what he had before so fully & effectually assented to.
" The other purposes are particularly expressed in the Bill ; one of them was 'for the support of such of the late Inhabitants of Nova Scotia as were real Objects of Charity,' and sent into this Province by His late Majesty's military Officers ; another for the payment of Certificates for Salaries of Officers, & other incidental Charges of Government; A Third for paying and sinking certain Provincial Notes which had been issued for the use of the Crown ; and a Fourth for paying for Two hundred Copies of Laws to be given to the Proprietaries, the Governor, Assembly, and the sev- eral Officers of Justice within this Province ; and a Fifth towards
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defraying the Expence of a Treaty expected to be held with the Western and Northern Indians ; All of them Purposes to which the Governor had before given his assent by the above recited Law, or for the payment of Debts arising from a Grant heretofore made to the Crown, or for the immediate use of his Majesty or His Offi- cers of Government.
" Upon the whole, your Committee conceive the first of the Gov- . ernor's Objections is expressly supplied by the Words of the Bill ; that the second is so unreasonable, and full of ill Consequences to the Welfare of the Province, that no Legislature ought to comply with it; and that the Third can by no Means have any Weight, when it is considered that the Purposes he is pleased to call ' totally seperate in their own Nature,' are either such as he has expressly approved of by a Law now in Force, or for the Service of the Crown; which is nevertheless submitted to the House, by
" Joseph Fox, Edward Pennington,
"Joseph Galloway,
Henry Wynkoop,
" Samuel Rhoads, John Morton."
The Governor then acquainted the speaker that he was unwil- ling to detain the House any longer at this busy Season of the Year, but if he should find it necessary to make any Observations on their Report he would send a Message to them at their next Meeting.
The House adjourned to the 6th day of September next.
At a Council held at Philadelphia on Saturday the 12th day of June, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Benjamin Shoemaker,
Benjamin Chew,
Richard Peters,
Thomas Cadwalader,
(Esq",
Lynford Lardner,
The Governor laid before the Board an Extract from the Votes. of the House of Assembly signed by the Speaker, which is in the following Words, viz *:
"In. Assembly, March the 24th, 1762.
" Ordered,
" That Mr. Speaker, the Provincial Commissioners, Samuel Rhoads, Edward Pennington, Giles Knight, John Moreton, Isaac Pearson, James Wright, David McConoughy, William Allen, & John Potts, be a Committee of this House to attend the ensuing general Treaty to be held by this Province with the Northern & Western Indians."
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"In Assembly, May 14th, 1762.
" Ordered, That the Committee appointed to attend the ensuing General Treaty to be held with the Northern and Western Indians do inspect the Council Books and Minutes of Property, and furnish themselves from thence with such Minutes & Records as may be necessary and serviceable at the said Treaty, for the better settle- ment of the Indian Complaints against this Province, with respect to the Lands claimed by them.
"Copy from the Minutes.
" ISAAC NORRIS, Speaker."
Which being read, the Governor informed the Board that the Committee who came with the above paper desired that they might have access to the said Council Books, and Minutes of Property. That this being a matter of importance, he had conven'd them for their advice & opinion upon it.
The Council took this matter into Consideration & were unani- mously of opinion that the Assembly had no legal or constitu- tional Power or Authority to inspect & examine, or order to be examined, the Council Books, which are not Records, & contain Minutes of the Proceedings of the Proprietary Privy Council, who are only advisers in matters of State & Government, and that the House had by their Order usurped the Rights of Government, & assumed unwarrantable powers ; wherefore they advised the Gov- ernor to reject their application as to the Minutes of Council; but as to the Minutes of Property, they were of a Public Nature, & any Persons might have access to, and be furnished with Copies from them. The Governor produced the Opinions of the late & present Attorney General of England, which supported the above Opinion of the Council. The answer proposed to be returned to the said Committee was then settled & follows in these Words : "Gentlemen :
"I have taken into Consideration the Paper you delivered me Yesterday, under the hand of the Speaker of the House of Assem- bly, by which it appears that the House have taken upon them to order the Committee appointed by them to attend the ensuing Treaty with the Northern & Western Indians, to inspect the Coun- cil Books & Minutes of Property, & to furnish themselves from thence with such Minutes & Records as may be necessary and serviceable at the said Treaty for the better Settlement of the In- dians' Complaint in this Province, with respect to Lands claimed by them ; and I must inform you that I am well advised the As- sembly have no legal or constitutional power or Authority to exam- ine the Council Books, or to require Copies from them, wherefore I can by no means consent by laying open the Council Books to You to submt to the right the House has assumed to themselves in mak-
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PROVINCIAL COUNCIL.
ing the above Order. As to the Minutes of Property, they are of a Public Nature, & you shall be furnished from them with any Copies you desire.
"JAMES HAMILTON. " June 12th, 1762."
[Here is a Blank in Council Book of fifty pages.]
At a Council held at Philada., on Friday, the 6th Aug., 1762.
PRESENT :
The Hon'ble. JAMES HAMILTON, Esquire, Lieutent Gover- nor, &ca.
Richard Peters,
Thomas Cadwalader,
William Logan, Esquires.
The Governor acquainted the Council that in Consequence of several Invitations made by the Government to the Delaware In- dians settled above the Ohio, since the conclusion of the Peace be- tween us & them, to come to Lancaster & renew and brighten the Chain of Friendship, and to deliver up all the English Prisoners among them, He had received information that a number of the Chiefs & others of that Nation had arrived at Harris's Ferry with Prisoners, on their way to Lancaster for that purpose, and the Gov- ernor desired the Company of the Council to attend him thither.
Minutes of Indian Conferences held at Lancaster in August, 1762.
At a Council held at Lancaster, on Wednesday, the 11th Aug"- 1762.
PRESENT.
The Honourable JAMES HAMILTON, Esquire, Lieut. Gover- nor.
William Logan,
Benjamin Chew,
Richard Peters,
Esq13.
The Governor having been informed last Week, at Philadelphia, that, in consequence of several Invitations sent them by this Gov- ernment, at sundry times, to the Indians living on & near the Ohio, the Delaware Chief, Beaver, and the Deputies of other Tribes of Western Indians, would be at Lancaster on the 8th Instant, sat out from Philadelphia, attended by several Gentlemen, & came here on the 9th Inst., & found that the Indians had arrived the Evening before.
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On the 10th, the Governor, attended by the Gentlemen above mentioned, with several of the Inhabitants of this Town, paid a visit to Beaver & the other Indians, at their Encampment, about a Mile from the Town, where he took them by the Hand & bid them heartily welcome, & having seen that they were well accommodated, took his Leave, and came back to town.
The Governor yesterday afternoon received a Message from Beaver, that, having been a long time from home, they would take it very kindly if he would be pleased to open the Conferences with them to morrow Morning, without waiting longer for the Six Na- tions, as he & those Indians with him were the first invited, & were only made acquainted with the coming of the Six Nations since they left their Homes.
The Governor returned them for answer, that the Interpreter was not come, but as soon as he should arrive, he would immediately proceed to Business with them, & give them notice when to at- tend.
This afternoon arrived Six Tuscarora Indians, who waited on the Governor, & acquainted him that they were sent to him by those of their Nation living on Onohoquage, on the Upper Waters of the Susquehanna, with a Letter which, after the Ceremony of opening his Eyes and Heart by a String of Wampum, they delivered to him & follows in these words :
" LOWER TUSCARORA ONOHOQUAGE, July 8th, 1762.
" Great Brother :
"I, the Beaver Augus, Chief of the Nation, am and ever have been a friend & Brother to the English & to the Interest of Great Britain, now wait upon your Excellency hy agreement, to transact Affairs of importance; and heartily rejoice that the five Nations have agreed (& as I hear), have actually returned the English Pris- oners to enjoy the Liberties of their own Nation ; And I, the said Augus Chief, with my whole Tribe, have ever been for peace with the English Colonies in America, & have minded the things of re- ligion and of a private Life ; and as a true friend to the protestant Cause, We congratulate your Excellency, our Brother, and all the British Nations, on the various Conquests obtained against the com- mon Enemy, & especially on the total reduction of Canada, with its dependencies, being greatly delighted with the happy prospect that now arises without Clouds; As we rejoice to hear that the prisoners are resigned, so we hope a peace will be established be- tween us, the five Nations, & the English Colonies on the Continent, a peace that shall be lasting & undisturbed, while the Waters run and the Grass grows. We should be glad to be informed of the State and Behaviour of our Brethren in Tuscarora Valley, & to have some directions about the way, as we propose to make them a
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