USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 14
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" I observe, Gentlemen, you have not thought proper to say any thing in answer to that part of my Letter where I propose you should exhibit a Petition to His Majesty, and that, on the first Notice, the Proprietors would appear and answer such Petition, and expedite a Decision. I therefore think it necessary to inform you that, in case there should be any Delay on your part to exhibit such Petition, as your Colony have at length adopted, a Claim which they
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have always heretofore declined, the Proprietaries of Pennsylvania will immediately make their application to his Majesty to take the Matter under his Royal Consideration. I am, Gentlemen, "Your most Obedient Humble Servant, " JOHN PENN.
" To ELIPHALET DYER, WILLIAM SAMUEL JOHNSON, and JEDE- DIAH STRONG, Esquires, a Committee from the Colony of Con- necticut."
Saturday 25th December, 1773.
MEMORANDUM.
. The Governor this day received a Letter from Collo. Dyer, DE Johnson, and Mr. Strong, the Connecticut Commissioners, dated the 24th Instant, which was ordered to be entered in the Council Books, and is as follows, Viz *:
" PHILADELPHIA, 24th December, 1773.
" Sir :
"It is with great satisfaction that we receive the assurances con .. tained in your favor of Yesterday, that you do not decline the Pro- posals we have made, of an amicable Settlement of the Controversy between the Colony of Connecticut and the Proprietors of Pennsyl- vania, or a joint application to the Crown to appoint Commission- ers to decide it, with a view of protracting the time or enhancing the expence of a Decision. We can therefore, only lament that you see this affair in a very different Light from that in which it presents itself to our minds, as notwithstanding the additional Observations you have made, We are still clearly of Opinion that much time, Expence, and Trouble, might have been saved by a reference to Gen- tlemen in America, or a joint application to his Majesty, since with respect to the former, We do not apprehend that his Majesty will Determine a Controversy of this Magnitude and importance without first issuing a Commission to hear and examine in America, reser- ving an appeal to himself in Council, so that the whole expence and delay of soliciting such Commission, and of the subsequent appeal, (which must be very Great), would have been saved in the mode we proposed, and that both the Colony and the Proprietaries would have acquiesced in the Decision of such Referees, We cannot Doubt. In Point of Honor, neither of them could have receded from the Determination of impartial Judges of their own appointing; and with respect to the latter, We imagine we foresee Difficulties (unne- cessary now to be mentioned), of Great and real Weight, which will attend an adversary Suit by either party, which would have been totally Obviated by a joint application.
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" Your want of full powers from the other Proprietaries of the Province, we acknowledge, is a real Difficulty, which must have prevented an immediate Settlement of the Controversy. But were your desires to effectuate such a Settlement as ardent as those with which we are impressed, such is now the Facility of Commu- Dication between this Country and Great Britain, that the Delay which would attend the obtaining of full Powers would be of very short duration.
" We do not yet see that the admission of our Claim, whether just or imaginary, so far as to join in an Application to his Majesty for Commissioners to decide it, could in any Respect Prejudice the Proprietaries, and the Impropriety, or the implied acknowledgment you apprehend it would carry with it, seem to be founded in too narrow an Idea of the Powers to be applied for. We do not ap- prehend that the Commission to be issued upon this Occasion, should be simply to settle Boundaries, tho' this too must be included, but a Commission Delegating a Complete jurisdiction to hear and adjudge the whole Controversy, in what ever Light it may present itself. To this purpose it is clearly enough, that the Colony claim as their Right a large Country which the Proprietors conceive belongs to them.
" In the Idea you Inculcate, That it is not at all material at this time to enter into the Merits of the Dispute, any further than Respects the most eligible mode of deciding it, We very. fully Concur. If we have done more, we very freely acknowledge it was- totally improper, and we beg leave to assure you, that we should have said Nothing upon the Merits of our Claim, had not the Set- tlement in 1664, seemed to have been understood by you as being of so decisive a Nature, as absolutely to preclude all further Con- troversy, and been stated in your Letter as a Conclusive Objec- tion against your entering into any Negotiation upon the Subject. It was therefore necessary for us, if we hoped to succeed in any measure on the Negotiation with which we were charged, if Pos- sible to remove that Objection. In this Light, and in this purpose only, it was that we took the Liberty to Submit to your Considera- tion the short Hints we threw out upon that Subject, sensible that the full discussion of it must be referred to another time and another Occasion, before a proper Forum.
" It is for the like reason only that we will not upon this Occa- sion make any Strictures upon the other Objections you have hinted at, to the Connecticut Title, To all which the most satisfactory answers may be given.
" It were easy to observe that the purchases from the Indians by the Proprietaries, and the sales by them made, were they more an- cient than they are, could add no strength to the Proprietary Title, since the Right of Pre-emption of the natives was by the Royal Grant exclusively vested in the Colony of Connecticut, and conse- quently, those purchases and Sales were equally without any legal
$
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foundation. They could neither acquire any right by the one, or Transfer any Title by the other. But that both the one and the other have been too recent to be the Ground of any argument, since we are advised that the Proprietaries made no purchase of the Na- tives of any Consequence to this dispute, pryor to the treaty at Fort Stanwix.
" That the actual Occupation under the Connecticut Title of the Contested Lands, was as early, and in some parts of the Country Prior to that under the Proprietaries; That the imagined Imprac- tability of exercising Jurisdiction by the Colony, over so extensive a Country, is a Question of Policy, not an objection to the Right, and can have no more weight against the Colony Title than the Im- propriety and ill policy of Vesting so Large a Territory as that of Pennsylvania in a single subject, will have against that of the Proprietaries, and are considerations both equally Improper to be mentioned on either side ; That of the same Nature is the supposed Difficulty of the Intervention of another Province between our seat of Government and the Country over which we thus Claim Jurisdiction, which is also a Question of Policy, and yet has, in fact, in one instance at least, in America, been found to be attended with no difficulty of any Consequence; That the Acquiescence of the Colony under the Grant of Pennsylvania is of no more force than the Acquiescence of the Proprietaries under the Grant to Connecticut, and can have little weight on either side, since till very lately, the Indians refused to give up the Country to either, and neither can be considered as having suffered their claim to have lain culpably Dormant, under the Particular Circumstances of the case, and the situation of the Country, and especially that this can- not be imputed to Connecticut, whose Grant was expressly for the Purpose of Settlement, but without Limitation of Time, and they had not, till within a very few years past, settled the Country to the Eastward of New York, and consequently could not, upon any proper Grounds, sooner pursue their claim, or attend to the actual Settlement of this Western part of the Colony; But these and many other Circumstances and Considerations, tending to elucidate and to establish the claim of the Colony beyond all Contradiction, We will make no mention of, as proper only to be explained and enforced before a Tribunal Competent to the Determination of the whole Controversy.
" But as the application to such a Tribunal, whether on the part of the Colony, or, as you propose, by the Proprietaries, (to which we have no objection,) will necessarily take up much time, we are extreamly sorry to find that you cannot agree, in the mean Time, to the Methods we have proposed for preserving peace and Good Order among the Inhabitants in that part of the Country, neither to that of a Personal Distinction, for the purpose of Jurisdiction of the Claimants under the several Titles, by entering their names in some proper office, which we offered at the Conference with you
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on Saturday last ; nor that of a Temporary line of Jurisdiction, which we proposed in our Paper of the 18th Instant ; and that nothing Less will satisfie you than a Total evacuation of the Coun- try by the Settlers under Connecticut.
" This is a measure which we do not think ourselves authorized by the Colony to Consent to, and which we have no Imagination that they will adopt.
" We consider, therefore, our Negociation with you as at an End, and have only to Console ourselves that, whatever happens, we have on our part faithfully endeavoured not only to terminate the Controversy with all Possible Dispatch, but also to provide for the quiet of the Country while the Dispute shall be depending. Give us leave, how- ever, at parting, to remark, in answer to the reasons you mention for not acceding to our Proposals, that we never imagined that it was in your power, by your own authority, to Controul the Jurisdiction erected in that part of the Country, or to Prohibit or restrain the Purchasers from Settling, under the Grants Actually made to them under this Province, but we did Imagine, and of this we have yet no Doubt, that the Legislature of the Colony, of which you are a part, would, at your desire, have added the Sanction of their au- thority to any agreement you had thought Proper to have come into for preserving the Peace of the People; your want of Power in your personal Capacity, or as one of the Proprietaries of the Pro- vince, can therefore, with us form no Objection why you should not have accepted one or the other of our Proposals, since we are Per- swaded the Assembly of the Province would have given every Aid in their Power to so salutary a Design.
" It is with much concern that we find your attention so strongly turned Towards the Proceedings of the Susquehanna Company, in settling under the Connecticut Title, and that you have conceived so ill an Opinion of those Proceedings.
"This is a Subject which we were not instructed to Discuss, and which we waived entering into, particularly in our former papers ; but since you recall our attention to it in the manner you have done, We cannot forbear observing to you that the primary Posses- sion of the People under Connecticut, was taken at a time when the Country was entirely a Wilderness, under an Indian Purchase, approved of by the Colony, and made under their title of Pre-emp- tion from the Crown, when there was no person upon the Land, much less any Body holding under the Proprietaries, and of Course could not be attended with any Force or Violence. This Possession was interrupted by the Indians of the Far Nations in open War, and again without force resumed in 1762, And was only suspended while the Matter could be laid before his Majesty, in Consequence of a Letter from the Earl of Egremont, one of his Majesty's prin- cipal Secretaries of State, founded upon representations made by the Governor of this Province, transmitted by S' Jeffery Amherst, Commander-in-Chief of his Majesty's forces in North America,
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Suggesting that the Settlement was disagreeable to the Indians, and might Occasion an Indian War, and the Devastation of the Fron- tiers. When that Representation to his Majesty had been made, and all apprehensions of Displeasure from the Indians were effect- ually removed by their Resignation of the Country at the Treaty of Fort Stanwix, they apprehended they might very Justifiably resume their Possessions, which they attempted to do in a Peace- able manner, but were, as we are advised, interrupted and opposed by Persons claiming under the Proprietaries. Then it was that Vio- lence Commenced and force was opposed to Force, on the one Hand to regain, on the other to prevent, an actual Occupation of the Lands ; on either side perhaps, justifiable in the Degree, but on both founded on a Real Idea of Right, and therefore not Meriting the Severe Construction that have been put upon it, or the harsh Epithets you have applied to it. When you add to this that they were advised, as in fact they were, that the Could not try their Right or the title of the Colony of Connecticut, but upon the Ground of an actual Possession, which should put the Proprieta- ries to such an action at Law for the recovery of the Possession, as might bring the title in Question ; That the first Possession, and the subsequent struggles to regain and maintain that Posses- sion, were with the avowed Purpose of trying the Title in the most regular and effectual manner; that they expressly Offered both here and in Europe, to submit to and be concluded by a legal Decision ; That their situation was such that they could bring no Possessory Action themselves, and that the Proprietaries and those who held under them refused, or at least neglected, to bring any Action of that nature on their Part, but on the Contrary, that those unfor- tunate people were repeatedly harassed with Criminal Prosecu- tions, in which the Title could not come in Question, and even in one of those Cases, when a Plea to the Jurisdiction of the Court was offered, it was absolutely rejected, and even with Circumstances of Contempt. When you consider these Circumstances, and many others which are capable of the Clearest Proof, we cannot but hope you will entertain, in future, more favorable Sentiments of the Connecticut Settlers and their former Proceedings, than have been attempted to be impressed upon you by the Representations of Inte- rested Individuals, willing to magnify past services or to procure future favors, and will not be surprized that the Colony should be Content to avail themselves of the Possessions which began, and has been Continued with such views, and under such Circumstances, or be willing to take under their Protection a People who have uni- formly Claimed under their Title, and Laboured indefatigably to bring it to a legal Decission.
" We cannot omit, finally, to remind you, that the Established Jurisdiction under this Province, of which you avail yourself, and to which you wish our People to submit, was erected not only after the Possession above referred to, but after it was publickly known
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that the General Assembly of Connecticut had directed a state of their claim to be drawn up and laid before learned Council in Eng- land for their opinion, and was perhaps precipitated to prevent if Possible the Probable Consequences of that Measure.
" Upon the whole, tho' we thought it our Duty, drawn to it by some expressions in your Letter to mention some of these Circum- stances, and the grounds of the former Proceedings in this Matter, yet we wish not to dwell upon them, or to recall to mind Occurren- ces which can afford no Pleasure in the Review, and will have little influence upon the Case in its present state, since it must finally be determined, not by these incidental Circumstances and Occur- rences, but upon great and General Principles. By them we are content to stand or fall, and will be finally decided, when the Cause shall be duly adjudged.
"In the meantime, we beg leave to return you our sincere thanks for the Politeness and Candor you have discovered upon this Occa- sion, of which, and every other Circumstance of the Present nego- tiation, We assure you we will make a faithful report to our Con- stituents, and are with great Esteem and Respect, your Honors
" most Obedient, and "most humble Servants, " ELIPHT. DYER, " WM. SAML. JOHNSON, " JEDH. STRONG, " Commissioners.
" Honble. JOHN PENN, Esq"."
Wednesday, 29th December, 1773.
The Governor laid before the Assembly by the Secretary, for their perusal, Governor Trumbull's Letter, the Resolves and Act of Assembly of Connecticut, as also the several Letters from the ' Commissioners of that Colony, and Copies of his Honor's Letters to them, relative to the claim lately set up by the said Colony to Lands within this Province.
At a Council held at Philadelphia, on Friday 7th January, 1774. PRESENT : 9
The Honourable JOHN PENN, Esquire, Governor.
The Honble. James Hamilton, Andrew Allen, Benjamin Chew, Edward Shippen, Jr. } Esquires. James Tilghman,
The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled
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" An Act for regulating the Buildings, keeping in Repair the Streets, Lanes and Alleys, and Highways, within the Borough of Lancaster, and for other Purposes therein mentioned.
" An Act to amend the Act entituled " An Act for granting to His Majesty the sum of fifty-five thousand Pounds, and for striking the same in Bills of Credit, in the manner hereinafter directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, and Taxables within this Pro- vince," which Bills were read, and being duly considered, were or- dered to be returned to the House, with several Amendments made to both.
At a Council held at Philadelphia, on Wednesday 12th January, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Benjamin Chew, Andrew Allen, Esquires.
James Tilghman, Edward Shippen, Jun".
The Governor laid before the Board three Bills which the As- sembly sent up for his Concurrence, entituled as follow, Vizt. :
" An Act to prevent infectious Diseases being brought into this Province."
" An Act to oblige the Trustees and Assignees of Insolvent Debt- ors to execute their Trust."
" A Supplement to the Act entituled ' An Act for raising of County Rates and Levies."
Which Bills were read and referred to further Consideration.
At a Council held at Philadelphia, on Saturday 15th January, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Benjamin Chew, James Tilghman, Esquires.
Andrew Allen, Edward Shippen, jun".,
The Governor laid before the Board the two following Bills, sent up by the Assembly for his Concurrence, Vizt :
" An Act for confirming the Estate of John Steel, of Carlisle, in the County of Cumberland, in and to a certain Plantation and Tract of Land in the Township of Middleton, in the County aforesaid, several of the Title Deeds whereof are lost."
" An Act to regulate the Fishery in the River Conestogoe, in the County of Lancaster."
Which were read, and in part considered, and referred for further Consideration.
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At a Council held at Philadelphia, on Wednesday 19 January, . 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Benjamin Chew, Andrew Allen,
Richard Peters, Edward Shippen, Jun., Esquires.
James Tilghman,
The Governor laid before the Board a Letter from Arthur St. Clair, Esquire, with other Papers inclosed therein to the Secretary, brought last night by Express from Westmoreland County, which were read, and follow in these Words, Viz' :
" LIGONIER, January 12th, 1774.
" Sir :
" Late last Night I received from Pittsburgh the inclosed Copy of an Advertisement, which I think of so dangerous a tendency that I have forwarded it by Express, and to prevent all danger of Delay, have sent my own Clerk with it, that if possible I may receive the Governor's Directions before the 25th.
" Should it so happen that Mr. Hoofnagle cannot return in Time, but which he will do if it be possible, what occurs to me is previous to the Day appointed for the Assembly to demand such Security of Mr. Conolly for his good Behaviour as he will not be able to pro- cure, and in Consequence to have him committed; to direct the Sheriff to have a sufficient Number of such as can be depended upon, to protect the Gaol, should a rescue be attempted, which perhaps may be the Case, and to write to the Magistrates, some to attend at the Gaol, and some at Pittsburgh.
"I have wrote to Mr. Wilson for his Council on this Thought, and to know if there is any other legal way of securing Mr. Conolly, and to desire he would suggest any other Method to preserve the Peace of the County, which will certainly be greatly endangered.
"I need not press you to dispatch Mr. Hoofnagle ; the shortness of the Time is too evident; suffer me, however, to hint that this Service is foreign to his Engagements with me.
"I am, Sir, your very humble Servant,
" AR. ST. CLAIR.
"JOSEPH SHIPPEN, JunT., Esquire."
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" PITTSBURG, 11th January, 1774.
" Dear Sir :
" Here inclosed you will find a Copy of Doctor Conolly's Adver- tisement, put up at different parts in this Village, the 6th Instant, several Copies of which were dispersed through the Country at the
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same Time. This impudent Piece will, I am much afraid, be the means of creating great Confusion and disturbance in this County, unless proper Steps will be taken to check it in Time.
"The Doctor informs us that Lord Dunmore has made Applica- tion to General Haldiman for a Serjeant and 12 Men, to be sent immediately to this Place, in order to support his Authority.
"The Capt has already appointed six or seven Magistrates, among whom are Major Smallman, John Campbell, and John Gibson; the rest I have not heard their Names yet. There is no doubt but all the Disaffected and Vagabonds that before evaded Law and Justice with so much Art, will now flock in Numbers to the Captain's Standard, if not prevented in Time, the consequence of which we have just Cause to dread. I hope to have the Pleasure of seeing you soon here ; I think your Presence is absolutely necessary at this Time.
"I remain, Dear Sir, " Your most humble Servant, " ÆNEAS MACKAY.
" ARTHUR St. CLAIR, Esquire.
"P. S. I have been greatly concerned that it has been out of my Power to forward the inclosed to you sooner, owing to the badness of the Weather, and besides, was at a Loss for a Person whose fi- delity could be depended upon. Polly joins me in Compliments to Mrs. St. Clair and the Children.
" ÆN& MACKEY.
"Since I wrote the above, Mr. Espy happened in Company with the new Captain, to whom Espy said he thought the next Court for Westmoreland would be held at Pittsburg; to which the Captain replied in a Rage, Damn him if he would not oppose it; from which, and many other Circumstances of the like kind, it appears how de- termined he will be to Carry his Designs into Execution. It's thought here that 'tis all Colonel Croghan's Intrigues.
" ÆN& MACKEY."
Here follows Doctor Conolly's Advertisement :
" WHEREAS, his Excellency John Earl, of Dunmore, Governor-in- Chief and Captain General of the Colony and Dominion of Vir- ginia, and Vice Admiral of the same, has been pleased to nominate and appoint me Captain, Commandant of the Militia of Pittsburgh and its Dependencies, with Instructions to assure His Majesty's Subjects settled on the Western Waters, that having the greatest Regard to their Prosperity and Interest, and convinced from their repeated Memorials of the grievances of which they complain, that he purposes moving to the House of Burgesses the Necessity of erecting a new County, to include Pittsburgh, for the redress of your Complaints, and to take every other Step that may tend to afford you that Justice for which you Sollicit. In order to facilitate
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this desirable Circumstance, I hereby require and command all Per- sons in the Dependency of Pittsburg, to assemble themselves there as a Militia on the 25th Instant, at which Time I shall communi- cate other Matters for the promotion of public Utility. Given un- der my Hand, this 1st day of January, 1774.
"JOHN CONOLLY."
The Board taking into Consideration the Commission of the Peace for Westmoreland County, and being of Opinion that an Addition should be made to it, and several Persons living at Pitts- - burgh and other Parts of the County, being recommended to the Governor for that Purpose, it was agreed that a new Commission be issued, and that the Names of those who were now recommend- ed be inserted therein ; and a Commission was accordingly Issued, appointing the following Gentlemen Justices of the Court of Gene- ral Quarter Sessions of the Peace, and of the County Court of Com- mon Pleas for the said County, vizt .:
The Members of the Proprietary and Governor's Council, and ;
William Crawford,
Arthur St. Clair,
George Wilson, William Thompson,
Thomas Gist,
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