USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 18
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The Governor at the same Time informed the Councils that the Judges, in their Report made to him this day, had recommended three of the said Criminals as Objects of mercy, vizt: William Wright, James Hamilton and Conrad Founder, and had mentioned no Circumstances in favor of either of the others. The Board duly considering the several Cases of the said Criminals, are of Opinion that Warrants should be issued for the Execution of Joseph Price, Thomas Stephens, Richard Burch, James Swain, Mulatto, Elizabeth and Bernard Repton, on Saturday the thirtieth of this Instant, and they advise the Governor to issue a Reprieve for Con- rad Founder, during Pleasure, and to give Orders that he be trans- ported out of this Province, and also to grant Pardons to James Hamilton and William Wright. It is, therefore, Ordered that War- rants of Execution, Reprieve and Pardons, be forthwith made out accordingly.
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At a Council held at Philadelphia, on Friday 29th April, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Benjamin Chew, Andrew Allen, - Esquires. James Tilghman, Edward Shippen, jun",
.
The Office of Chief Justice of the Supreme Court of this Pro- vince being now vacant by the resignation of William Allen, Esquire, and it being necessary that some other proper Person be appointed to succeed him, The Governor was pleased to name Ben- jamin Chew, Esquire, a member of this Board, as a Gentleman whose Knowledge in the Law and well known Abilities, sufficiently qualify him for that important Station. 'The Board unanimously approving the said nomination, It is Ordered that he be commis- sionated Chief Justice accordingly.
It being also thought proper by the Board that a fourth. Jus- tice of the Supream Court should be appointed, pursuant to an Act of Assembly passed in Year of his present Majesty's Reign, entituled " An Act to amend the act for establishing Courts of Judicature within this Province, and the Governor having named John Morton, Esquire, of Chester County, as a Gentleman whom he had thought of to execute that office, The Board concurred in that nomination, and it is ordered accordingly, that he be commis- sionated as Fourth Justice of the Supreme Court.
It is likewise agreed by the Board, and Ordered, that new Com- missions be issued this Day to John Lawrence and Thomas Wil- ling, Esquires, appointing them Second and Third Justices of the said Court respectively ; And also, that a new Commission be issued, assigning and appointing the four Gentlemen above men- tioned Justices of the Court of Oyer and Terminer and General Gaol Delivery for this Province.
At a Council held at Philadelphia, on Saturday 7th May, 1774.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew, r James Tilghman, { Esquires.
Andrew Allen, 1
Mr. Tilghman and Mr. Andrew Allen having agreed, at the par- ticular Request of the Governor, to undertake a Journey to Wil- liamsburg, as Commissioners from this Government, to treat with the Governor of Virginia, on the subject of the Disturbances in
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Westmoreland County, occasioned by his extending the Jurisdic- tion of his Government within the Western Limits of this Pro- vince, and to negociate such other Matters with him as were agreed upon in Council the 21st of last Month, one of the Members laid before the Board a Draught of a Commission and a Letter of In- structions to the above named Gentlemen, and also a Letter to be sent with them to the Earl of Dunmore, which being severally considered, were fairly transcribed and signed by the Governor, and follow in these Words, Vizt:
"JOHN PENN Esquire, one of the Proprietaries of the Pro- vince of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware :
" To James Tilghman and Andrew Allen, two of the Council of the said Province and Counties, Esquires, Greeting :
" WHEREAS His Majesty, King Charles the Second, by his Let- sers Patent bearing Date the Fourth day of March, Anno Domini, 1681, did for the Considerations therein mentioned, Give and Grant the Province of Pennsylvania, by the Bounds and Limits therein particularly set forth and described, to William Penn, Esquire, his Heirs and Assignes forever, constituting him and them Proprietary and Proprietaries thereof, with divers powers, Franchises, and Ju- risdictions, for the better Government thereof, as by the said Let- ters Patent may at large appear : And Whereas, the Western Lines and Bounds of the said Province, specified in the said Letters Patent, having never yet been regularly and precisely run, marked out, or as- certained, divers Differences and Disputes have of late arisen between the Right Honorable The Earl of Dunmore, Governor and Comman- der-in-Chief, &cª, of His Majesty's Colony or Dominien of Virginia, and the Honorable the Proprietaries of the Province of Pennsylvania, their respective Grantees, Tenants, and Officers, respecting the West- ern Bounds and Limits of the said Province, and the Jurisdiction of the said Colony or Dominion and Province, which have been produc- tive of Great Troubles and Disquiets to the Settlers and Inhabitants there, and endanger the King's Peace and the public Tranquility. To the End therefore, that the Evils which have already arisen, and which are likely to arise in the Premises, may be remedied and prevented, I have nominated and appointed, and do by these Presents nomi- nate and appoint you, the said James Tilghman and Andrew Allen, Esquires, to be Commissioners on the Part of the Proprietaries of this Province, to confer and treat with His Excellency, The Right Honorable the Earl of Dunmore, of and concerning the Premises, and to agree upon such measures as you shall judge most expedient for Settling and composing the said Differences, Troubles and Dis- quiets, either by a temporary Line or Boundary of Jurisdiction, or otherwise, as may best answer the good Purposes of preserving His Majesty's Peace, and quieting the Minds of the Inhabitants on or near the Borders of the two Colonies or Provinces, until the final
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Settlement of the said Boundaries shall be effected; hereby rat- ifying and confirming whatever you shall do in the Provinces.
" In Testimony whereof I have set my Hand, and caused the Great Seal of the said Province to be hereunto affixed, at Philadelphia, the seventh day of May, 1774.
"JOHN PENN.
"Instructions to James Tilghman and Andrew Allen, Esquires, Commissioners appointed to treat and agree with the Right Honora- ble John Earl of Dunmore, Governor of Virginia, concerning the Settlement of the Western Bounds and Limits of the Province of Pennsylvania, and preserving the Public Peace and Tranquility on the Borders 'till a final Settlement of the said Lines.
" Ist. You are to proceed without loss of time to Williamsburg, the Place of His Lordship's Residence in Virginia, and enter upon the Execution of your Commission as soon as possible after your Arrival. Should his Lordship be from Home, and not gone to too great a Distance, you will wait his Return, or send an Express (as you. judge most proper), to acquaint him with your being sent from this Government to treat with him on Public Business and request his return.
"2d. Your first Point should be to prevail with him to join with the Proprietaries of this Province in a Petition to His Majesty in Council to appoint Commissioners to run and mark out the Boun- dary or Division Line, such as His Majesty shall please to order and direct, between this Province and Virginia, the expence of which to be equally borne by the two Colonies.
"3d. Whether his Lordship should accede to the above Proposal or not, you should urge every Argument in your power to induce him to agree to the settling a Temporary Line of Jurisdiction be- tween the two Colonies, 'till the said Boundary Lines shall be set- tled, or His Majesty's Orders and Directions can be obtained res- pecting the same.
" 4th. Should his Lordship come into the last mentioned Mea- sure, you will no doubt endeavour to fix the Temporary Line of Jurisdiction as favorably as possible for this Province, and as near to the Charter Bounds as you can; and in Order thereto, you will refer yourselves to the Map, or plan heretofore transmitted by me to him, which shews to Demonstration that Fort Pitt is near six miles to the Eastward of our five Degrees of Longitude. At any Rate, however, you are not to accede to any proposed temporary Line which shall give Jurisdiction to Virginia over any Lands lying to the Eastward of the River Monongahela.
" 5th. Whatever may be the temporary Line agreed on, you. should take Care to insert a Clause in the Articles to be drawn up, containing a saving of the Rights on both sides to the Lands up to the true Lines or Boundaries, where they shall be finally settled.
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"6th. If the Business is not carried on by the interchange of Letters or written Proposals between you, You should take private Notes or Minutes, by way of Diary, of every Thing material that passes, not only to enable you to make an exact Report of the whole Transaction, but to found Affidavits on, to be sentto England if necessary. As great reliance is had on your'Knowledge and Abili- ties, any further Instructions are unnecessary.
"JOHN PENN.
" PHILADELPHIA, 7th May, 1774."
Here follows the Governor's Letter to the Earl of Dunmore, Gov- ernor of Virginia, Viz“:
" PHILADELPHIA, 7th May, 1774. " My Lord :
" By Accounts received from the Westward since my last Letter to Your Lordship, I find that the Disorders in that Quarter are greatly increased by your Lordship's extending the Jurisdiction of Virginia to Pittsburgh, and the Country thereabouts, and that Doctor Conolly's Proceedings have been such as are very alarming, and have a tendency to put the whole Country beyond the Alle- gheny Mountains into a State of Confusion.
"The Consideration of these unhappy Circumstances have in- duced me to send two Gentlemen of my Council, Mr. Tilghman and Mr. Allen, to wait on your Lordship, in order to confer with you on this important Subject, and, if possible, to conclude with you upon such Measures as may restore and establish the Public Tranquility until the Lines and Boundaries of this Province can be finally set- tled by His Majesty's Authority, for which good Purpose I flatter myself your Lordship will not hesitate to join with us in represent- ing to His Majesty the necessity of such a Settlement. In the mean Time, I am in hopes such Temporary Expedients may be fallen upon as may put an End to the present Disturbances, secure the Public Peace, and quiet the Minds of the People concerned in the unhappy differences which at present subsist between the Gov- ernments of Virginia and this Province.
"I am, with great Respect, " Your Lordship's most Obedient humble Servant, " JOHN PENN,
"To the Right Honorable the Earl of Dunmore, Governor and Com- Commander-in-Chief of His Majesty's Province of Virginia, Wil- liamsburg."
MEMORANDUM, 1st June, 1774.
The Reverend Dr. Peters having, at the Instance of the Governor, wrote a Letter to Henry Wilmot, Esquire, the same was ordered to
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PROVINCIAL COUNCIL.
he entered on the Minutes of Council, and follows in these Words, Viz". :
PHILADELPHIA, 18th May, 1774.
" Sir :
" I am desired by the Governor to give you an Account of what I know with respect to an Indian Deed, under which some private People, calling themselves the Susquehanna Company, Inhabitants of the Colony of Connecticut, claim all the Lands in Pennsylvania between the 41st and 42d Degree of Latitude. This, then, that fol- lows, will give a true Notion of the whole Transaction, as far as my Remembrance will enable me to recollect Matters.
" In the Year 1741, The Proprietor, Thomas Penn, went from here for England, and from that Time to this, I have been well acquainted with all sorts of Indian Negotiations, and have had a great Share in the management of them, either as Proprietary Sec- retary, or as a Member of Council, or as Provincial Secretary, so that I can speak from the best Grounds of every Matter relating to Indians for above thirty Years ; and I can with Truth declare, that before the Year 1753, I never, that I can remember, heard of any Claim set up by the Government, or any of the Inhabitants of the Colony of Connecticut, to any Lands within this Province.
" In the Year 1753, I received Information of a Claim set up by some Connecticut People, to a Degree of Longitude within this Province, in virtue of the Connecticut Charter, and that there was a party gone into the Indian Country to make a Purchase of Lands, between Susquehanna and Delaware, to begin at or near Wyomink. Mr. Hamilton and several others were alarmed at this wicked at- tempt, and Conrad Weiser, the Indian Intrepreter, was ordered to give the Six Nation Indians an account of this Intelligence, and to put them upon their Guard. Colonel Johnson, the Indian Agent for His Majesty in the New York Government, was likewise made ac- quainted with this new Project, and desired likewise to apprise the Indians of it. The Intelligence was likewise communicated to the Governor and Deputy Governor of Connecticut, who both dis- avowed the Thing, and declared that the Government had no Con- cern in it ; and the Letters which passed between Mr. Hamilton and the Government of Connecticut were put into the Council Books, and a Copy of those Minutes of Council are exemplified under the Great Seal and sent to you.
"The Year following, namely : in the year 1754, there was a Congress, by Order of the Crown, at Albany, between the whole Body of the Six Nations and the King's Agent, together with the Governments of all the Northern Colonies. Four Commissioners were sent on the part of Pennsylvania, Mr. John Penn and myself on the Part of the Governor, and Mr. Isaac Norris and Mr. Benja- min Franklin, on the part of the Assembly, were the four Com- missioners for this Province, at that Congress. This being deemed VOL. X .- 12.
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a proper Time to get a Purchase from the Indians of more Lands, and which was become absolutely necessary by the Numbers of People that had come into the Province and could not be kept within the Bounds of the purchased Lands, Mr. John Penn and myself were instructed and empowered to make as extensive a Purchase as the Indians could be prevailed on to make, and Belts were sent to the Onondago Council by the Governor, to signify to them his De- sire to make another Purchase of them when they should be all together at this Public Treaty at Albany. Accordingly, as both sides were before hand prepared for a new Indian Purchase, the Matter was gone upon, and a large Extent of Country, even as far as the Western Boundary of the Province, was treated for and agreed to in open Council, and a Deed executed by the Indians ; and likewise another Deed was executed by them, confirming to the ' Proprietaries a former Deed, wherein the Indians bound themselves not to sell to any Persons whatever any of the Lands comprized within the Bounds of His Majesty's Charter to the Proprietaries. The Connecticut attempt was likewise made known by the Indians to us, and they, in their Speeches, declared their absolute refusal to make any Grant to them of any Lands they were solliciting for ; and, indeed, in their Public Treaty, they over and over declared that they would sell none of the Wyoming Country either to them or to us, it being what they had reserved for their own use, and for the reception of such other Indians as would want to come and reside amongst them. These, and further Particulars, are to be seen in the exemplied Copy of the Report of that Treaty, made by Mr. John Penn and myself to Governor Hamilton, as the same is en- tered in the Minutes of Council.
" This will serve to shew that at that Time there was no Indian Deed made to the Connecticut People by the Onondago Council, and that if any Deed is set up it must have been obtained in a clan- destine Manner from private Indians. Indeed it was then currently reported that one Lydins, of the City of Albany, had undertaken this Matter for the Connecticut People, and as he lived (and I think kept a Public House) at Albany, he made it his Business to get the Indians, as they came to Trade there, into his House, and by Liquor or private Bribes, by twos or threes, as he could find Op- portunity, to prevail with them to execute a Deed, which was lodged with him for this infamous Purpose.
" I have further to observe, that the Persons to whom this pre- tended Indian Deed was made were private People, and acting in direct Opposition to their own Laws, and in open Violation of the Right if any, of the Colony of Connecticut to those Lands. The Indians themselves in public Treaties, made mention that these very Lands were formerly given by them to Colonel Dungan by Deeds regularly and duly executed, but in Trust for them as they said, and that Colonel Dungan sold those Lands to the late Proprie- tor, Mr. Penn who, notwithstanding this Purchase from Colonel
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Dungan, did not hesitate to buy them over again of the Indians, and to give them the full Consideration for them.
" Let it be further observed that, in the General Treaty held at Fort Stanwix by Sir William Johnson, His Majesty's Indian Agent with all the six Nation Indians, in 1768, [for the King's Purchase of Lands from them, and to settle a General Boundary between the Indians and the King's Subjects, at which The Gover- nor of Jersey and Commissioners from the other Provinces, and from Pennsylvania in particular, were present, and assisting the Indians, executed a Deed to the Proprietors of Pennsylvania for all the Lands within the Bounds of this Province, so far as they had then settled the General Boundary with His Majesty. That this Purchase contains all or most of the Lands claimed by Connecti- cut, and that the Consideration Money, together with the Expences attending that Treaty, amounted to the Sum of eight thousand Pounds, or some Sum near that, and in that very Treaty, this At- tempt of the Connecticut People was solemnly mentioned and as Solemnly condemned by all the Indians.
" As this Great Treaty is deservedly esteemed the Basis and Foun- dation of all Matters relating to Lands between the Indian Nations and His Majesty, it was transmitted by Sir William Johnson to the King's Ministers, and lies among the Public Papers in the Privy Council, and may be consulted for the Truth of what is here set down by the Proprietarie's Sollicitors at any future Time.
" As it is supposed that the Susquehanna Company have assigned over their Right under this Deed to the Government of Connecti- cut, I have been thus particular, and this Detail of the Circum- stances that attended the obtainment of the Indian Deed may be kept among the Proprietary Papers, together with the exemplified Minutes of Council that have been sent to you, and may be made use of in order to furnish ample Proofs for the invalidating of this pretended Indian Deed, if it should ever be set up by the Connecti- cut Government.
"I am, Sir, " Your most humble Servant, " RICHARD PETERS.
"To HENRY WILMOT, Esquire, in Bloomsbury Square, Lon- don."
At a Council held at Philadelphia, on Thursday 7th June, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. James Hamilton, James Tilghman, Esquires.
Andrew Allen,
The Governor laid before the Board the Copy of a Petition from sundry Inhabitants of the Province, to call the Assembly on occa-
A
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sion of the late Act of Parliament respecting the Port of Boston, which is to be presented to-morrow, and requested their Advice as to a proper answer to be given to the same, upon which the following answer was drawn up and approved :
" Gentlemen :
" Upon all Occasions when the Peace, Order and Tranquility of the Province require it, I shall be ready to convene the Assem- bly, but as that does not appear to me to be the Case at present, I cannot think such a Step would be expedient or consistent with my Duty." J
At a Council held at Philadelphia, on Monday 27th June, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. William Logan, James Tilghman,
Richard Peters, Andrew Allen,
Benjamin Chew,
Edward Shippen, jun"., Esquires.
Thomas Cadwalader,
The Governor laid before the Board several Letters he received by different Expresses from Westmoreland, all informing him of Sundry Murders, committed on the Frontiers of this Province by the Indians, and representing the great Distress and Confusion of the Inhabitants of that Country, from the Apprehensions of an In- dian War; which being read and duly considered, it was the opinion and Advice of the Board that Writs be issued for convening the Assembly on the 18th of July next, which was done accordingly ; that a Letter be wrote by the Governor to Sir William Johnson, acquainting him with the Intelligence received of these hostile Transactions and Troubles, and to request his Interposition with the Six Nations to use their Influence and Endeavours, with the Shawanese and Delawares, to prevent further Hostilities on their Part, and to assure them of the sincere Intentions of this Govern- ment to continue their pacific Dispositions towards all our Indian Brethren ; that a Letter be wrote to Lord Dunmore on this Sub- ject, to complain of Dr. Conolly's oppressive and tyrannical Con- duct at Pittsburg, and the dangerous tendency his Military Opera- tions, &cª., have to involve the Colonies in a general Indian War ; that a Letter he wrote to Captain St. Clair, advising him of the above Measures, that the Governor approves of what has been done by him and the Inhabitants, for preventing the Desertion of the People, and requesting him to use his Endeavors to encourage the People to stand their Ground, and Mr. Tilghman, Mr. Allen, and Mr. Shippen, are appointed a Commiitee to prepare Draughts of the said Letters.
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It appearing by the Letters received, that the People in West . moreland were in great Necessity of Ammunition, the Board ad- vised the Governor to order a further Supply immediately to be sent to them.
The Chief Justice presented to the Governor Records of the Con- viction of two Criminals at the last Court of Oyer and Terminer held at Carlisle, for the County of Cumberland, on the eighth day of June Instant, by which it appears that James Anderson was convicted of the Murder of William Barnet, his Son-in-Law, and that Peter Gil- lespie was convicted of the Murder of Bridget Gillespie, his Wife, and had each received Sentence of Death. The Chief Justice at the same Time, in his Report to the Governor, observed that no Circumstances appeared on the Trials in favor of either of the said Criminals which could induce him to recommend them for Mercy. It was therefore ordered that Warrants be issued for their Execution on Saturday the 16th of July next.
Mr. Tilghman and Mr. Allen laid before the Board a Report of their Proceedings in Virginia, pursuant to the Commission and In- structions of the 7th of May last, given to them to treat with the Earl of Dunmore, Governor of that Province, concerning the several Matters therein contained, together with Copies of their several Letters to his Lordship, and his Original Letters to them, which passed in the Course of their Negotiation at Williamsburg, all which were ordered to be entered on the Minutes of Council, and follow in these Words, Vizt :
" The Report of James Tilghman and Andrew Allen, Commissioners appointed by the Honorable JOHN PENN, Esquire, Governor of Pennsylvania, to treat with the Right Honorable the Earl of Dunmore, Governor of Virginia, on Sundry Public Matters mentioned in the Commission, and the Governor's Instructions, bearing equal date therewith.
" May it please your Honour :
" In Pursuance of Your Honor's Commission, and Your Instruc. tions attending it, we set out on our Journey on Thursday the 12th of May, 1774, and on Thursday the 19th, we arrived at Williams- burgh, and went to Lord Dunmore's. He was not then at Home. We waited on him next Morning to pay our Respects, and to know when it would be agreeable to him to have our Business laid before him. Saturday Morning at ten O'Clock, was appointed to wait upon him on the Occasion. We met him at his House, and informed him our Business was to apply to him to join the Proprietaries of Pennsylvania in a Petition to the Crown to appoint Commissioners to Settle and run the Lines of Pennsylvania to the Westward, and in the mean Time to agree with his Lordship upon some Line of Jurisdiction to remedy the inconveniences of the present clashing jurisdictions between Virginia and Pennsylvania, and to prevent them for the future. To the first he readily agreed, and said he had
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already written to Lord Dartmouth on the Subject, pointing out the Necessity of Settling the Boundaries, but he informed us that the Colony of Virginia would not bear any Part of the Expence. As to the other Point, His Lordship answered that he should be glad our Propositions relating to a Line of Jurisdiction were stated in Wri- ting, that he might be the better able to consider them, and give us an answer, and desired to have a Sight of any Draughts or Papers we had which might illustrate the matter. This Request we pro- mised to comply with as soon as possible, and on Monday the 23d, . at ten O'Clock, we sent our written Proposals, Copies of which, and of the several other Letters which passed from us to Lord Dunmore in the Course of the Negotiation, as also, his Original Letters to us, are hereunto annexed, numbered in proper Order, and to which we beg leave to refer, and request that they may be taken as part of our Report. We have the Honor to be, with great Regard, " Your Honor's most obedient humble Servants, " JAMES TILGHMAN, " ANDREW ALLEN,
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