USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 32
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Moore being brought before the house, was shown the printed address and manuscript. He admitted that he was the author, though it had been corrected by his friends before publication; but being called upon to answer new charges of official misconduct, he denied the jurisdiction of the assembly; upon which they declared him guilty of contempt, and adopt- ed the following resolutions. 1, That to write or publish any matter reflecting on the assembly, or a member thereof, re- lating to service therein, was a high and manifest violation of privilege. 2, That to assert directly or indirectly that the assembly had not power to examine and redress the com- plaints of the people against public officers, or in any other case where the subject was oppressed, was destructive of the privileges of the house, and subversive of a fundamental and essential power of the constitution. 3, That Moore having. acknowledged himself the author of a libellous address, should be committed to the common jail, until he should retract the aspersions and falsehoods contained therein, in such manner as the house should approve; or obey such other order as they should make during the continuance of the present
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assembly; and that the address should be burned by the com- mon hangman.
A day being assigned for Smith's trial, he was directed to obtain counsel. He proposed Mr. Chew, but he being attor- ney-general, the house deemed it improper for him to defend one charged by the public. Mr. Ross appeared for the pri- soner, and proposed to consider three points. 1, The authority of the present house to punish persons charged with libelling the former assembly. 2, How far the paper in question was a libel. 3, The guilt of Smith as an abettor. The assembly overruled the two first, and determined the last against him by a large majority. During the trial, some evidence, by similarity of hand-writing, had been given against the prison- er, which the house unanimously resolved should have no weight to determine his guilt or innocence. Smith also was sentenced to imprisonment until he should give satisfaction to the house for his offence.
The public mind had been greatly excited by this inquiry; and several efforts were made by the governor's party to get Smith's case out of the hands of the assembly. His friends petitioned that he might be delivered to bail; and his counsel, after judgment, prayed an appeal to the king in council. Both were refused; and the speaker informed Smith that his sub- mission would prevent the necessity of bail to avoid commit- ment. To this he replied, " that as no evidence had been adduced sufficient for his conviction, and as others more cul- pable than he, had been dismissed unpunished, he could not but view himself as singled out as the peculiar object of their resentment; that as he was not conscious of having given them any just cause of offence, or having violated the consti- tution, or infringed the rights of the people, he could not make acknowledgments, or profess sorrow or contrition for his conduct;" "and no punishment," he continued, striking his hand upon his breast, " which they could inflict would be half so terrible to him as suffering his tongue to give his heart the lie."
The lobby of the house was crowded with spectators of all parties. The friends of the prisoner, at the conclusion of his
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speech, expressed their approbation by stamping of the feet, hissing, and clapping of hands. Orders were given imme- diately by the speaker, to close the doors, and stop those who had riotously insulted the house; and, subsequently, he issued his warrant for the arrest of James Young, pay- master of the forces, Thomas Lawrence, alderman, Wil- liam Peters, one of the justices of the city and member of council, John Bell and John Wallace, merchants, William Vanderspeigle, Lyndford Lardner, Richard Hockley, and Charles Osborne. The three last denied all participation in the offence, and were acquitted-Lardner proving that he was not in the house at the time of its commission; Bell, Young, Wallace, Lawrence, Peters, and Osborne, made satis- factory acknowledgments, were reprimanded, and discharged on the payment of costs. Thomas Willing had not been accused, but appeared voluntarily, and confessed that he had inadvertently clapped his hands; and, having expressed his sense of the impropriety of his conduct, was dismissed. Moore and Smith were delivered to the sheriff, with a charge to refuse obedience to any writ of habeas corpus, that might be issued for their relief: yet, after near three months' im- prisonment, they were liberated by one of the judges upon that writ, during the recess of the house; but, when the as- sembly again met, a new warrant was issued for their appre- hension.
On this occasion, the assembly sacrificed to their ven- geance, some of the most essential principles of political liberty. They had no right to inquire of, and punish, con- tempts against a former house. Their prohibition of public examination, by speech or writing, of the conduct of the re- presentatives of the people, was an act of tyranny, equalled only by the special suspension of the habeas corpus act, by which judicial inquiry was prevented into the case of the cul- prits. The case of Moore and Smith, viewed on either side, was highly coloured by party feelings. Complaints had been made for many years against the former, and charges of the most flagitious character were supported by the oaths of re- spectable witnesses. The governor's entire disregard of the
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remonstrances of the assembly, and his mock examination of Moore's case, from which he inferred that the petitions were entirely groundless, provoked the house, and drew them into the unconstitutional measures we have condemned. Smith, notwithstanding the prohibition of the assembly, prosecuted his appeal before the king in council, where it was deter- mined, in June, 1758, that the assembly had assumed powers which did not belong to them, and that their conduct merited his majesty's high displeasure. The appellant was recom- mended to seek redress in the courts of the province.
The members of the assembly, however, continued to pre- serve the favour of the people, and the major part was again returned at the election in October, 1757. Isaac Norris was unanimously elected speaker, as he had been for many years, but, in consequence of ill health, he declined the service, and Thomas Leech, of Philadelphia county, was elected in his stead. Benjamin Franklin was re-appointed provincial agent at London, and Robert Charles and Richard Partridge his assistants. The estimate for the expenses of the year was one hundred and five thousand six hundred and sixty-four pounds, in which was included the charge of supporting a frigate, fitted out by the province for the defence of the river and bay of Delaware, and adjacent coast. The means to supply this expenditure were derived from the issue of eighty thousand pounds in bills of credit, redeemable by the usual tax on estates and polls, and a tonnage duty on all vessels entering the port; the last being specially appro- priated to the maintainance of the provincial sloop of war. The military force for the year, first fixed at seven hun- dred men, was afterwards increased to a thousand, of which three hundred only were retained under the orders of the province; the remainder being placed at the disposition of the earl of Loudon.
These services, though promptly rendered, were the cold returns of duty. There was no enthusiasm, scarce a hope of success, to animate the people. The dilatory and indecisive character of lord Loudon did not inspire confidence; nor could they, in the uncertainty of his measures, perceive any
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advantage to themselves. Unable to change the order of events, the assembly of Pennsylvania adopted the only wise course left to them-they resolved to suffer with patience, and to comply with the requisitions of the governor and commander-in-chief. From this state of apathy, they were aroused by the voice of William Pitt. The same enterprise, judgment, and firmness, which had raised England from the depths of humiliation, were now employed for the destruc- tion of her enemies on the American continent. The plan of the campaign was wisely matured, and committed for exe- cution to men who had reputations to sustain and fortunes to create. Loudon was recalled. Abercrombie commanded in chief, with , Amherst for his second, aided by brigadiers Wolfe and Forbes. The fleet, consisting altogether of one hundred and fifty sail, was commanded by admiral Boscawen.
The designated objects of attack were Louisburg, the forts on the lakes, and fort Du Quesne, on the Ohio. Major-ge- neral Amherst, with twelve thousand men, aided by the fleet, laid siege to the first early in June, and captured it, after an obstinate defence of seven weeks. Five thousand six hun- dred prisoners, one hundred and twenty pieces of cannon, and a vast quantity of stores and ammunition, fell to the con- querors. The enemy during the siege lost, destroyed and captured, six ships of the line, and five frigates.
General Abercrombie, with the main body, composed of seven thousand regulars and ten thousand English troops, undertook the expedition against the northern forts .* He first attempted Ticonderoga, a fort erected by the French in 1756, on the narrow neck of land which divides lake George from Champlain. Its position, strong by nature, was well secured by art, and defended by a garrison of five thousand men. Relying on his superior force, the general made his attack without artillery, which, from the badness of the roads, could not keep pace with the army. He was repulsed with the loss of two thousand men killed and wounded; among
* July.
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the former was brigadier-general lord Howe, with many of- ficers of distinction; the number of the latter was inconsi- derable. Though still superior to the enemy, he made a hasty retreat, but compensated for this ill-timed prudence, by the capture of fort Frontignac. This fort, situated on the north side of the river St. Lawrence, at its opening from lake Ontario, commanded the river, and served as a magazine for the more southern castles. The garrison consisted of one hundred and ten men only, but the fort contained sixty pieces of cannon, sixteen small mortars, with an immense quantity of merchandise and provisions, deposited for the use of the French forces in the western garrisons. Nine armed vessels, some of which carried eighteen guns, were also taken. The enterprise was projected and executed by lieutenant-colonel Bradstreet.
Before entering upon the history of the expedition against fort Du Quesne, it will be proper to notice the treaty with the Indians, and the proceedings of the assembly of Penn- sylvania, in consequence of the letters of the British mi- nister.
The Indian tribes in the province, and its vicinity, having generally become desirous of peace, agreed to meet the governor and agents of the assembly at Easton in August, 1757; where the governors of New Jersey, New York, Maryland, and Virginia, together with sir William John- son, were invited. The agents of Pennsylvania were Messrs. Norris, Fox, Hughes, Roberdeau, Galloway, Masters, Strick- land, and Gibbons, all members of the assembly. A number of influential Quakers had formed themselves into a " Friend- ly Association," for the purpose of allaying the jealousies of the Indians, and to restore peace, by procuring justice to be done them. The leading members of this society were desirous to attend the meeting at Easton, and soli- cited the governor's permission to contribute to the present to be given to the Indians on that occasion. He refused their request as inconsistent with his instructions, and in- formed them that their interference with Indian affairs had
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already given much offence to the government. The asso- ciation immediately prepared a long defence of their conduct, recapitulating the progress of Indian hostility, and their ef- forts to prevent it. They dwelt on the Indian complaints of injustice in the purchase and measurement of their lands. But, not being able to change the governor's determination to forbid their presence, they resolved to publish their de- fence; and, in the conviction that they might aid in the esta- blishment of peace, to attend the conference at Easton. The first of these measures they suspended, from an intimation that it might inflame the minds of the Indians.
The Indians, to the number of three hundred, composed of the representatives of ten tribes, chiefly from the Susquehannah, assembled under Tedyuscung, a king of the Delawares, who conducted the conference on their part. Instigated by the "Friendly Association," he insisted upon having a secretary appointed by himself, to take notes of the treaty. Governor Denny expostulated upon this novel pretension, but was com- pelled to accede to it, on the threat of Tedyuscung, to break up the conference. The demand of the chief was supported by the provincial agents, who were reprimanded by the governor for their interference, and forbidden to hold any intercourse with the Indians on public business. Charles Thompson, master of the Quaker free school in Philadelphia, and subsequently distinguished as the secretary of congress, was selected by Ted- yuscung for his secretary. That chieftain complained that the Indians were aggrieved by the proprietary purchases of their lands from tribes who had no right to sell, and by the unfairness of the measurement where sales were justly made. He asked for the production, examination, and publication of the title deeds to the whites, disclaiming all pretensions to lands fairly purchased and paid for; and demanded satisfaction for such as were bought of those who had no title to sell, or were included in the proprietary surveys contrary to agree- ment. His nation, he said, intended to settle at Wyoming, and to build themselves dwellings of a durable nature, and therefore desired that a proper tract of land might be desig- nated by certain boundaries, which they should be prohibited ,
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to sell; that they might be instructed in the art of building, in reading and writing, and in the knowledge of the christian religion; and that a fair trade might be established, under the direction of suitable persons appointed to conduct it.
The matter and style of these demands differed much from the usual Indian method; and the interference of the whites was rendered evident by a draft of the disputed lands, accom- panying the speech of the chief. Weiser and Croghan, the interpreters, declared that the sense of the Indians had been misstated, their main object being to obtain a view of the deeds of such lands, that they might learn by whom they were granted. The Indians admitted that the pro- prietaries had honestly purchased from the Six nations, but denied the right of these nations to sell. The English declin- ed to enter upon an inquiry which involved the title of the Six nations, and the subject was referred to the consideration of Sir William Johnson, upon their suggestion to Teedyus- cung, that his persistance in these claims would bring upon the Delawares the anger of those powerful tribes. The deeds the Indians desired to see were exhibited by Mr. Peters, and copies were given. Satisfied with this, they not only con- cluded a treaty of peace, but agreed to take up arms against the French.
In July, at the instance of the "Friendly Association," gover- nor Denny despatched Frederick Post, a Moravian missionary, who had resided much among the Indians, to the towns be- yond the Ohio, with information of this peace, and an invita- tion to participate in it. The messenger was well received, and though he was unable altogether to remove their suspi- cions of the English sincerity, which the French kept alive, yet he effected a relaxation of hostilities, and received an earnest request to make them another visit in company with other white men, who might confirm his message.
In commemoration of the treaty of Easton, a medal was struck, at the instance of the "Friendly Association," having on one side the head of George II., and on the other a citizen and Indian seated under a tree, the former presenting to the latter the calumet of peace; a fire, as is 46
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usual on such occasions, burning between them; the sun in the zenith. Legend. Let us look to the Most High, who blessed our fathers with peace-1757 .*
The constituted authorities of the province, always dispos- ed to every measure which tended to soften and civilize the character of the Indians, cheerfully acceded to their wishes of making permanent buildings, and other improvements, at Wyoming. In the month of May, Messrs. Hughes and Pauling, appointed commissioners for this purpose, were despatched to that place with about fifty labourers and me- chanics. Having out-travelled Teedyuscung, and a party of his tribe, who had visited Philadelphia, to enjoy in presents and public attention some immediate fruits of his late treaty, the commissioners were informed by him on his arrival at Wyo- ming, that a party of the hostile Indians from the West were abroad. This report was not immediately credited. But this scepticism proved fatal to one of the provincials. A Mr. Joseph Croker, who had volunteered to accompany Mr.Hughes, rode, soon after their arrival at Wyoming, with another young man, about a half mile from the town, to collect the horses; they were fired upon from the opposite side of the river, in view of the workmen. Croker was instantly killed, but the other received no injury. A number of whites and Indians pursued the enemy, who betook themselves to the mountain, and escaped by favour of the night.
The letters of Mr. Pitt to the colonies were well adapted to produce union and activity among the southern colonies. They were informed that their combined forces should be applied to remove the enemy from the western frontiers, and that the king, unwilling to limit their exertions, would leave to each colony to raise, with the greatest possible despatch, as large a force as was in its power; and to render such force effi- cient, the minister recommended to the respective governors to commission popular men for officers, and in bestowing mili- tary appointments, to have regard solely to the public service. Arms, ammunition, tents, and provisions, were to be furnish-
* Description by Dr. James Mease, N. Y. Hist. Col. 388.
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ed by the crown, the expense of levying clothing and pay was to be borne by the provinces. But even these expenses he promised to recommend the parliament to pay, as the vigour and strenuous efforts of the provinces should merit.
Animated by hope, the assembly of Pennsylvania instantly resolved to place at the disposition of the English command- ers, two thousand seven hundred men, including those already in the provincial service. To encourage enlistment they gave a bounty of five pounds to the recruit, and one pound to the recruiting officer; and earnestly recommended the governor to pursue the secretary's advice in the selection of officers, nor leave unessayed any method to have the forces ready by the month of May, agreeably to his majesty's orders. They voted the sum of one hundred thousand pounds, prepared quarters for the troops, and wagons for their baggage; put the roads in repair, and raised and equipped a troop of fifty light-horse.
The mission of Mr. Franklin had yet produced no altera- tion in the determination of the proprietaries in regard to the taxation of their estates; but the governor anticipating its results, abandoned his pretension to immunity from taxes, re- fusing, however, to suffer the estates of the proprietaries to be assessed by the ordinary assessors, and requiring the as- sessment to be made by commissioners of their own appoint- ment. But the house rejecting this proposition, preferred to pass their bill without including the proprietary estates. The governor had also objected to the commissioners named in the act for granting one hundred thousand pounds; but he finally gave up this objection, under a protest that he was compelled to act contrary to his judgment by the public exigencies.
The obnoxious commissioners were Messrs. Fox, Masters, Baynton, Hughes, and Galloway, all members of the assem- bly. The governor charged them with neglect and disregard towards him; with expending monies without his previous consent; with excluding from their meetings Messrs. Lard- ner and Mifflin, members of council, and their fellow com- missioners; with neglecting to render him a statement of their accounts, and refusing to deliver him a list of the
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goods distributed by them to the Indians at Easton. Against these charges the commissioners made a formal written de- fence before the assembly. They congratulated themselves that the governor had not charged them with appropriating the public money to their own use. The charge of personal disrespect, they said, was too vague to be refuted; they were totally unconscious of such an offence, nor could they con- jecture what had given room for such a charge, unless it were their refusal to defray the expense of many projects proposed by him, rather calculated to squander the public money in- trusted to their care, than to answer any useful purpose; such were his propositions to build a fort at Raystown, to be gar- risoned with five hundred men, in the pay of the province, and to put into the hands of military officers sums of money, from time to time, to be disposed of by them without account To these offences, they continued, might be added their fre quent remonstrances to the governor on the great neglect of the military service, which was obvious to all, and under his immediate notice; on the disregard of the law, by not issuing ranging orders; for not recruiting the battalions until long after the enlistments had expired ; and on the distressed and bleeding state of the frontier, occasioned by these neglects, whilst the troops were sleeping in garrison, without the ne- cessary orders for ranging and protecting the inhabitants. The truth of the other charges they denied in round terms, and sustained their denial by their clerk, who deposed that the governor had approved the expenditures of the commis- sioners in the usual form ; that like notice of meeting had been given to Lardner and Mifflin, as to the other commis- sioners, that the governor had been furnished with a list and value of the goods at Easton; and that the delay in rendering him a copy of the accounts, was caused by the pressure of 1
business upon himself.
The conclusive nature of this defence, and the spirit with which it was made, did not fail to irritate the governor. His anger broke forth upon Mr. Fox and Mr. Hughes, who wait- ed on him to state an account of monies lodged in the hands of the former, to open a trade with the Indians at fort Augusta. He treated Mr. Fox with much indecorum, and exclaimed,
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"Sir, your eloquence is very great-Sir, your eloquence is very good; but let it be short-It is very good, but let it be short-Your account will speak for itself, I suppose-What sort of treatment is this to a governor ? Half an hour ago, or a quarter of an hour ago, or twenty minutes or less, I receiv- ed a message from your house, (holding a paper in his hand) -Why this is the strangest treatment to a governor. What ! shall I not have time to do the public business? I was just now considering your message, and here comes another. This treatment for a governor ? This treatment for a governor ?" Whereupon Mr. Hughes said, Sir, your honour mistakes us, we come by the order of the house. The governor inter- rupted him, and cried, very pretty! very pretty, indeed !- What do the house mean ? Who is to judge of the mistake? You, sir? You, sir? Sure! You, sir? Very pretty treat- ment indeed to a governor! not to give me time to do the public business. Then turning to Mr. Fox, and making a low bow, he said, " Pray, sir, leave your paper, it will speak for itself, and I will consider of it." Mr. Fox replied, " Here it is-it will speak for itself." The governor rejoined, " O yes, sir, your eloquence is very great, but less of it-it is very good, but no matter how short, sir." Mr. Fox then put down the paper on the table, and said, " Here is the account, and I am ready to settle." "Aye, sir, aye, sir, (responded the governor) you have a good deal to settle-you keep back your accounts-you refuse your accounts to me, though you are mean enough to get your clerk to take it upon himself, and say it was a neglect of his." Mr. Fox being about to reply, he continued, " aye, sir, aye, sir, you are very eloquent, you are very good, sir, and if you will look in the glass you will see your own picture." He then desired them to speak the truth when they had left the room. To which Fox answered, "I defy your honour, or any man, to charge me with the contrary." This conversation being reported to the house, they gravely resolved, " That it was their right, either by themselves, or any of their members, to have frec access to, and decent treatment from the governor on public business at all seasonable times; that the manner in which the
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