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Lorsque le document est trop grand pour Atre reproduit en un seul clichA. il est filmA A partir da Tangle supArleur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrant la mAthoda. errata i to palure. ion A 1 2 3 32X 1 2 3 4 5 6 l^w ft- L^ Oi O 111 Ar Pir F th The N P ^ li » c e c •■ t i » ii . 1 ' Pr THE H I ST O RY O F T H E FIVE Indian NATIONS C A N A D Ay Which are dependent ^ I On theProvince of New- York in America,' AND Are the Barrier between the English and French in that Part of the WorW. WITH Ptrticular Accounts of their Religion, Mtnnert, Cufloms, Lawf, and Forms of Government; their feveral Battles and Treaties with the Eurepetm Nations. Their Wars with the other Indian* > and ^ a true Account of the prefent State of our Trade with them. In which are (hewn, . The great Advantage of their Trade and Alliance to the Britijk Nation, and the Intriguet and Attempts of the French to engage them from us ; a SubjeA nearly concerning all our American Plantations, and highly meriting tne Attention of the Brittjb Nation at this Juncture. By the Honourable Cadwallader Golden, Efqi One of His Majeftys Counfel, and Surveyor-General o/' New-York. To which are added, Accounts of the feveral other Nations of Indiantin North- America^ their Numbers, Strength, &c, and the Treaties which have beei> lately made with them. VOL. II. ' • The Third Edition. LONDON: Printed forLocKYER Davis, at Lord Bacon" $ Head in Fleet 'fir eet ; J, Wr e n, in Saltfiury^court j and J. Wa r d, inCorfthil/, oppofite tlie Royal- Exchange. M DCC LV. '■^^Nf *i ; ^ 1765 ses'DS' CONTENTS O F T H E Second Volume. rHE Treaty held with /^^ Indians of //?»^ SIX NATIONS, tf/ Philadelphia, in July 1742. Page i Treaty held at the Town of Lancafter, tn Penn- fylvania, with the Indians of the SIX NATIONS, i« June fl»^ July 1744. 47 Treaty held at Albany, with the Six united Indian Nat ions, and other Nations^ de- pending on the Province of New- York, in Au- gufl tf»^/ September, 1746. 122 Collection of Charters and other Public Acts, relating to the Province of Pennfylvania. FI Z. I. The Rotal Charter /« William Penn, Efqj 165 II. The Firfi Frame of Government, granted in England, in 1682. 282 III. Laws fl^r^^^/ «/>fl« i« England. 187 IV. Contain Conditions, or Concessions. 207 V. The Ail of Settlement, made at Chefter, in 1682. 213 VI. ThefecQndTKAUEofGo\lB,K^lA2.ViT^ granted 1683. 218 VII. 7;^^ New Charter af Privileges to the Province. 243 '^. I 1 thofc I/IJ/s , ceivci for th i River ifoY th -chufir ?Naml ?on^ Smpov Jnuaini JHie Fi ijcrave Ithey p /|lhey w ||cordin )ther io;reed Vol THE T R E A T Y, ^c. \Stlk!!kS^ H E Deputies of the Six Nations having, at their laft Vifit, agreed to T ^ releafe their Claim to all thL- Land on both Sides of the River Safque* hannahy as far South as this Province extends, and to the Northward to thofc called the Endlefs MountainSy or Kittockihiny Hills J in Confideration whereof, they then re- ceived a large Qiiantity of valuable Indian Goods, for the Lands fituate on the Eaftern Side of the laid River, but declined at that Time to receive any 4or thofe on the Weftern Side of the faiJ River, xhufing to defer the fame till another Vifit ; a large iNumber arrived from thcfe Nations at Philadelphia^ 'on IVedneJday iht 30th of Juney with Deputies duly Smpowered to receive the faid Goods ; and ac Snuainted the Governor, that being weary from tiie Fatigue of their long Journey, they fhould icrave three or four Days to reft themfelves before Ihey proceeded to their Bufmefs : In the mean Time they would wait on the Governor to dircourfc, ac- Jcording to their ufual Method, about News and )ther Occurrences; which the Governor read ly igreed to, and afk'd them when they would chufc Vol. IL B to ii ( 2 ) to pay their firft Vifit ; which they defiring might be on Friday the 2d of July^ in the Aftcr- noony the Council was accordingly fummon'd, and met at Mr. Logan's Houfe, where were PRESENT, The Honourable GEORGE THOMAS^ Efq; Lieutenant-Governor. ^ames Logan^ Clement Plumfted, Samuel Hafell^ Abraham i'aylor^ Samuel Prejlon^ Thomas Lawrence Ralph AJheton Robert Strettelly The Chiefs of the Six Nations^ with the Chiefs of the Shawaneje, CANAS SATE EGO^ the Onondago Chief, Speaker. CONRAD WElSERy Interpreter. The Governor opened the Conference, as follows : * Brethren, * The Proprietor having purchafed certain Lands * from your Nations about fix Years ago, a Moiety * of what was agreed to be given in Confideration * of that Purchafe, was at that Time delivered to * them, r.nd the other being at their Defire left in < the Proprietor's Flands, he prefled you by Shika^ * lamy to fend laft Year for it, and would have * been glad to have feen you, and taken you by * the Hand before his Departure. But as the De- * fign of this Meeting is to hear your News, and * converfe together in a free and friendly Manner, * I fliall fay no more about the Goods, than that * they lie ready at the Proprietor's Houfe, and will * be « to * pr ^< th « 0} wou proc c c c < c c c c c < c < c or Fri to tha Pec whi bel( but bur bro Ga( you ibm fror cree * wer * ton * on t * and i defiring ic After - mmon'dj re /fS, Efq; Efqrs. : Chiefs of ;f, Speaker, eter. follows ; tain Lands a Moiety ifideration ilivered to fire left in by Shika^ ould have en you by as the De- ^ews, and Manner, than that ?, and will * be ( 3 ) * be delivered whrn you fhall have fufHcicntly reflcd ' from the Fatigue of your Journey.' The Chief of the Onondagoes fpokc : * Brethren, * Wc propofe to reft four Days, and then come * to the main Bufmefs. At prcfent wc are at a * private Conference about News, and have fomc- * thing of this Sort to mention to our Brother * OnasJ And on the Governor's fignifying thcv would be glad to know what it was, the Chief proceeded. * Brethren, * It is our Way when we come to our Brethren, * or any other Perfons, whom wc live in ftri.^t * Friendfhip with, to remove all Obllrudtions to * a good Unfterftanding \ with this View wc are * to inform you of a Piece of difagreeable News * that happened in our Journey.'— Some White * People, living at a Place called Comgocbeegoe^ * whofe Names we cannot tell, nor whether they * belong to this or the neighbouring Government, * but one of them, as we heard, had his Houfe * burnt over his Head fome Years ago, and he was * brought down a Prifoner, and committed to the * Gaol of this City : Thefe People lighting of our * young Warriors, as they were hunting, made * fome Propofals about the purchafing of Land * from them, and our young Men being indil- * creet, and unacquainted with public Bufinefs, * were foolifti enough to hearken to them, and * to receive five DufHl Strowds for two Plantations * on the River Cohongoronto, A Conejlogoe Indlayi^ * and a French Indian^ and fome others that were B 2 in 'J* ( 4) in Company, had three DufHl Strowds, and went away with them ; and our young Men carried off the other two. As foon as this came to our Knowledge, we fent for our Warriors, and after examining and rebuking them fevercly, we took away their two Strowds, and publickly cenfured them for cxpofing us to our Brethren of Penfylvania^ in doing a Thing fo inconfiftcnt with our Engagements to them ; ** You are, ' faid we aloud, that all our People might hear ^ and take Notice, to know and remember, that ' the ^tx Nations have obliged themfclves to fell ' none of the Land that falls within the Province ' of Penfylvanioy to any other hut our Brother ' Onas^ and that to fell Lands to any other is aa ' high Breach of the League of Friendfhip/' Brethren, this rafh Proceeding of our young Men makes us afhamed. We always mean well, and fhall perform faithfully what we have promifed : And we aflure you, this AfFair was tranfa6led in the Manner we have related, with- out our Privity or Confent. And that you may be fully convinced of this, and of the Sincerity of our Intentions, we have brought you thefe two Strowds [here he prefented iivo red Strowds to the Governor^ they are the very Strowds our foolifh young Men received ; we took them from them, and we give them to you, to return to thofe white People who made the Bargain, and defire when the Strowds are returned to them, they may be told what we now fay, and that we {hall not confirm fuch Bargains, nor any other that may interfere with our Engagements to our Brother Onas,* i I n The i i I t < ( 4 ( ( i i ( c c c c Ards, and mig Men this came Warriors, I fevercly, publickly rethren of iconfiftcnt You are, light hear nber, that ves to fell ; Province ir Brother ►ther is an iendfhip." )ur young 'ays mean : we have Affair W2LS ed, with- you may Sincerity ^ou thefe d Strowds owds our lem from return to ain, and to them, d that we any other nts to our The (5) The Governor then fpokc : * Brethren, * I thank you for this Piece of News ; you have taken this Matter perfedly right. All Bargain- ing for Land within this Province is, to befure, a manifcft Breach of your Contra<5l with the Proprietor, and what we know you will not countenance. We have hitherto found the Si\' Nations faithful to their Engagements, and this is a fre(h Inftance of their Pundluality. You could not help thefe Miftakes of your young Men; they were not done in your Prefence: But as fevcral Inconveniencies may arifc from thefe kind of clandeftine Sales, or from any fuch loofe Sales of Land by your People, we de- fire you will, on your Return Home, give public Notice to all your Warriors, not to bargain for any Land ; or if they do, that you will not confirm fuch Bargains; and that this very Affair, together with what you have done therein, may be particularly reported to all your Nation af- fembled in Council.' The Onondago Chief promiftd to give public Notice ; and defiring Liberty to mend his former Speech, he proceeded : ^Brethren, ' 1 forgot one Circumflance : Our People, who pretended to fell the Land, demanded a Belt of Wampum of the Buyers to carry to their Chiefs ;. and on their declaring they had no Wampum, our W^arriors faid, they would not anfwer that their Chiefs would confirm this Bargain, fiuce J B 3 thev* If. I i ( 6 ) * they never did any thing of this Nature without • Wampum.' The Governor, after a fliort Paufe, fpoke : * Brethren of the Six Nations, * I take this Opportunity to relate to you a Piece of difagreeable News I received fome Days ago in a Letter from Le Tort^ the Indian Trader, at Alleghtny^ who fays, *' That in May laft, fome Indians of the *Taway Nation, fuppofed by us to be the TwighiweeSy in their Return from War, called and ftaid fome Time with the Shaw- anefe-y who being alked, and denying they had brought either Scalps or Prifoners, the Sha%x:anefe fufpe£ting them, had the Curiofity to fearch their Bags, and finding two Scrips in them, that by the Softnefs of the Hair did not feel like Indian Scalps, f.hey wafl/d them clean, and found them to be the Scalps of fome Chrif- tians. On this Difcovery, the *lwighivjees were fo much afhamed, that they ftole away from their Town in the Night-time ; and coming, as they afterwards underftood, to a little Village belonging to the Shavjanefcy they told our Peo- ple that their Hearts were full of Grief \ for, as they came along the Road, they found it ail bloody \ and having good Caufe to believe it v^as made bloody with the Blood of fome of the white Brethren, they had very forrowfully fwept the Road j and defired them to inform the Go- vernor of Penfylvania of their (the Tivightwees) Grief; and how they had fwept the Road clean." * Le Tort adds, on Behalf of the Shazvanefey " That they were much grieved at this unfortunate Accident ; and prayed, as they had no Concern in it, more than by being In- " llruments c « <( KC 4C Days ago Trader, at / laft, fome fed by us to from War, the Shaw- nying they foners, the Curiofity to 3 Salps in lair did not them clean, fome Chrif- htwees were away from coming, as ttle Village Id our Peo- ef ; for, as und it all believe it fome of the fully fwept m the Go- ivightwees) the Road lalf of the grieved at ed, as they y being In- llruments ( 7) (Iruments to difcover it, their Brclliren would not blame them, nor fuffer a Mifundcrftanding to arife between them on this Account : They would fweep the Road clean, and wipe all the Blood away j and defired their Brethren woii!«l be fatisfied with this, and not weep too much ftn- a Misfortune that might not happen again us long as the Sun and Moon flione." * The Perfon who delivered me Le Tort's Let- ter, brought this Bundle of Skins as a Prcfent to me ; but I told the Meflengcr, I would not meddle with it; he might leave it if he pkafcd : The Affair appeared to me in a bad Light, and I would reprefent it to the Six Nations^ who were expedled in Town every Day. This is the Fa6t, as I have it from Le Tort : 1 defire to be inform'd if you know any Thing of this Matter; and it you do not, that you will make diligent Enquiry who committed the Murder, and who are the \iii happy Sufferers, and aflifl us to obtain Satibfuc tion, if it (hall appear to be any of our Fel- ]ow-Subje£ls that have been treated in this Man- ner. To inforce this Requeji^ I prefent you ivlih this String of Wampum, The Onondago Chief, in Reply, faid : Brethren, * We take this Information kindly at your Hands; we will take this String of Wampum home with us to our Lodgings, and there con- fult about the moft recrular and proper Steps to be taken by us to anfwer your Expectations ; and when we have duly confidercd the Matter, we will return you an Anfwer.' i B4 Upon r I; ^ ,•1 ; ( 8 ) Upon this the Governor put an KnJ to ihc Conference i and calling for Wine, and other Li- cjuors, according to the Imilan Cufiom, after a decent and chearful Entertainment, the Indians withdrew. At a COUNCI L held at the Proprietor's Houfe, July 5, 1742. P R E S E N T, The Honourable GEORGE THOMAS^ Efq; Lieutenant- Governor. James Logan^ lEfars- Clement Plumjied, J^*VS> With feveral Gentlemen of the Town. The Chiefs of the Six Nations. It being judg'd proper, at this critical Time, when we are in daily Expedlation of a French War, to found the Indians y and difcover what Dcpen- dancc we might have on them, in cafe their Aid fhould be wanted, an handfome Dinner was pro- vided for their Chiefs, and after they had made an hearty Meal, and drank his Majefty*s Health, the I^roprietor's, and the Health of the 5/^ Nations^ the Chiefs gave the folemn Cry, in Teftimony of their Thanks for the Honour done them. And foon after the Governor began, in a free Way, to en- quire for what Reafon the Senecas were not come down, fince they had an equal Share of the Goods with the other Nations.— —-C^/V^t^/^^^^, their Sj)eaker, faid, * The Senecas were in great Diftrefs, ' on Account of a Famine that raged in their Coun- ' Try, which had reduced them to fuch Want, ' thiit a Fuiher had been obliged to kill two of « his ve A w c ^nJ to the I other Li- Tij after a he Indians oprietor's 'AS^ Efqj )wn, al Time, mck War, It Dcpen- their Aid was pro- made an salth, the ations^ the y of their \nd foon S to en- lot come ic Goods f<7, their Diftrefs, ;ir Coun- 1 Want, two of ' * his ( 9^ J * hfs Children, ia prcfervc his own^ and the reft of ' his Family's Lives; and they could not now * come down, but had given Dire At a CO UNCI r i,»n • . James Logan^ Clement Plumjied^ Abraham Taylor^ Samuel Prejl on ^ -s flp^ylfieton, fEfqrs; -"' f^^hert Strettell, ) , * ' ONONTOGOES Ic • ; ^awegaty, \ ^ ^^* \ ^^gu-mghwatha, Caxhayion^ JCounfcJIors. I ^odcaradafey^ ^^guyaffatha, ^ca^ymles, Kayadoghratie, alias ^/^ J>/iC/'^^^^^^^^ aliaa ^iaghquafy^ Rotter-uwughtony ^okatighaah^ '^iorughzvagbihe^ Tokana-uugok^ ^ronty-QQ.i,^ ""^ohanQhawighion^ ^ioghwatoony^ ^liughrahyjey. /;//70Q.uos. i^ohugb-fowa^ I Tokany-efus^ i^ CDiad'ighary^ '^lor-aghquaty^ Tayo-quario^ ^ogh degh runtUy Rotehn Haghtyackon, CaD- tain. ^awoallefelhohaa^ ^^gt^ghfa-eck^ ^'wantakeraoy Horuhoty Ofoghquaa^ T^uyanoegotiy ANOYIUTS « , ONEIDAS! ^"gquaterugbU (^. . '^'^^, alias r ^^^^^s» ^9tU%vakerhay Meeting. 742. I Efqrs', Jtdap-oes. •i"*-'* InJu tans. aliaa ?> CaD- S. C tg ) Tottowakerha^ TaraghkoeruSy Or.ughJtallydawwyyZnoted young Chief. Onughnaxqua^ Chief. ^awyiakaarot^ Tohathuyofigochthay Sughnakaaraty TaghneghdoertiSj TokanyiadaroeyoTty Sagogughyatha^ Rahehiusy ^okanufoegon. JENONTOWANOS, or SENECAS. Karugh iagh Raghquy^ Captain. Tahn heentuSy Onontyiack, TUSCARROROS. Sawontka^ f TiieroiSy > Chiefs. Cloghfytowaxy j Tokaryhoegon^ Capt ai n . Oghioghfehy Tieleghweghforty Teugrotha^ YorughianegOy Oi-qnehigy Squaghky^ Sayadyioy Onughjoxvughtony Chcrigh waftho^ Aghfihteries^i Tion ogh fcoghthay ^aligh wnnaghjon, Ohn-wdafeyy Tocar-sher [died fince at Tidpehriktn,'] Tohanatakqua^ Kanyhdag < I C 14 ) yoRNELius Spring I »f ^¥"' ^"mter of /"/^'•/r./.n. ^'''S ''5 Inhabitants of /'^. (poke as fojjowl'"'^ '"*'""S commanded Silence,' : Sed "-iraTi^,fXX^fyourCi,iefs oMi. ; of your Nations, to TheR '. ^ ^^^"'^ °" ^elialf : on botJ, Sides 'the River If °f "^'^'"" ^-^nd" * Southward of tJie P^Jir ^pi^^^nfah, to the ;^^e ^imits and BoSS^-tS.a«d w°t£ this Province Tn r VV '"* King's Granf „f : tain Quantity of cTd"^'"''"" "f which'a cer5 : Tered, as aUsathfc .'Sree'l on, a'nd de. « tee"^^«^^" SiStl.e°^SlH Land., jor the Lands on the WeCn q-/"'^'" • And River, youdefired the p!v ^'t o^'hefaid ' ferr'd till another On ^^y^e"' ftouJd be a7 ; which aree4Ster"^>. "^^^^^ Goodr : you received the if^^e -0--"% as thofe' « aWe T- '^"'■^ ''"«' have been reS^'^' *"" ^^^^ a We 7, me, and kept in F? a^^ confider- coming for them • A nj Ej^peaation of vo..r : f""y i-Po^ver^d by''i°7°;;.^^^^°"'=dow;' receive ti.em, we are weJl jSf '"! ?°"ncils "o ; ^^avmg it to you to tZ^^ff '» deliver them- vifion of them amoS , ^%^^"'^ «q«al Di- WfortheAbfenSo?i/r'^''"' V are • and much more fo ff . "' ^''^^th^n the Seneclf AejrDiftrersatHon' t :V''°"''' ''^ "-^J'o •heir Country: .1 P^ ^-^^^n^ne that rages i„ [f^J "s a Father has bee^fli' '^ S'^^^' 'hafL" P"" of his Family !"„ M '^ ''/'"''''" one y. even his own Children, for « the ■I dumber of ^'^ence. ■tons, 1 Behalf to the Within fant of y a cer- nd de- Lands, • And le faid >e de- ^oods, thofe your Wer. your >W/7, s to Di- are to ill ou ne or 4 ( »5 ) the Support and Prefervation of himfelf, and the other Fart. — We heartily commiferatc their Con- dition, and do not doubt but you will do thcni fair and ample Juftice in the Difpofal of their Part of the Goods, in fuch Manner as they have inftrudled you. You (hall now hear the Lift of the Goods read to you.* Here, by the Governor's Order, the Lift of the Goods was read over, viz. 500 Pounds of Powder. 600 Pounds of Lead. 45 Guns, 60 Strowd Matchcoats. 100 Blankets, 1 00 Duff I Matchcoats, 200 Yards Half-thick, 100 Shirts, 40 Hats, 40 P air Shoes i5^ Buckles, 40 Pair Stockings, 100 Hatchets, 500 Knives, 100 Hoes, 60 Kettles, 100 100 500 120 2000 1000 24 2 100 2000 200 H 25 Tobacco-Tongs n SciJ/ars, Awl-Blades* Combs, Needles. Flints, Looking'GlaJJes . Pounds of Vermilion Tin-Pots, Tobacco-Pipes, Pounds of Tobacco, Dozen of Garter' ing, and Gallons of Rum, Then the Governor told them that the Goods, of which the Particulars had been juft read to them, were in the Meejing-Houfe, and would be fent to whatever Place they would diredl. The Governor then proceeded : * Brethren, * You have often heard of the Care that your ^ great and good Friend and Brother JVilliam Penn^ < took at all Times to cultivate a perfect good * Harmony r\ ^'\ I ■• c c c « < c ft < < ( ( i narmony with aJJ the /w ^ •Aid now we /^fi ZiM^^'^'y 'o be fertIedh.'"SS that may 7 to beexprefl/d by a„v '^^'''^-A" Union affeflionate Regards Lj^ J''.!"g 'eft than the Parents bear for eacirS *-'"'<*«" of the fame 'f^^l to be one Fleft and ^ne'p 'T^'^'"^ °"- T-he utmoft Care tber^f ^^°P'«- 1"= taken by us on both ^ir T^''^ '""'"^''y to tween us be kept peJellt '."'"' '^^ ^o-'-d be- ^or^efpondence, it „,urt forth, Vl''^^^'-'"^'"° and p "yJn-. //./, ^, /^„ i;™"'''^"b be removed. ^" the next PJa.ef Zt\„ ""T 'f^^^Purr. ^Se our Fire that burrb°" °"' ^^^f' ^^aJi i, L ^"^'^'^ -- ^weCisr^;.d'''\*^'' vrtic ir, a::d make it ' burn c < c < « c < ii I I I i but more about ten a Son of *'^rge and with you; '^ew Fire 'P made »d Mooa urfelves, ^1 when ^ing de- and the Aich a ^ you, urhood ^ure is n Op. 3t niay pie fo ^nion m the /acne J our- 'Jy to dbe- and d t(D It be and d. um, in- ^alj ? ft irn ( 17 ) * bum brighter and clearer, and give a llrongcr * and more lafting Light and Warmth. In Evidtnce of our finccre InUntlom w^ lay down this Beit of IFampum, * In the laft Place, confidering the Obligation* ' we are mutually under by our feveral Treaties, " That we fhould hear with our Ears for you, and " you hear with your Ears for us ; " we (hall at ' Times very willingly give you the earlleft and ' bcft Intelligence, of any Deiigns that may be form*d to your Difadvantage. — And if ^ ju dil- cover any Preparations that can hurt us, we de- fire you will immediately difpatch fome fuitablc Perfon, in whom we can place a Confidence, to give us a proper Information.' To inforce this Requefi^ as HQell as to brighten the Chairty we lay down this ether Belt of iVam^ punu On the Governor's concluding the Speech, the folemn Cry, by Way of Approbation, was repeated by the Indians^ as many Times as there were Na- tions prefcnt 5 and then Canajfateego rofe up and fpoke. * Brethren, * We thank you for your kind Speech : What * you have faid is very agreeable to us ; and To- * morrow, when we have deliberated on the fe- * veral Matters recommended to us, we will give * you our Anfwer. We defire, as our Time wiU * be wholly taken up in Council, you will order * the Goods to be carried back to the Proprietaries, * to prevent their being loft, and that they may * continue there till we call for them.' At r Mi- C 18 ; PRESENT, ^e Honourable GEnpne ^l y/imts ttgan, 'I^omaj Lam;nce. ■Abraham Taylor, '^^ ^he^^S^^f^'^ on Behalf ' «"d ^-li prefer. ^"'"""^ ^"'J Council, ; ^'hat you fpoL to Jaft^'n '^'■^' Z''"' 'hey were ^'»"'j ea,lv and co" cultivate we held with oJoh/f':"'', °^ ">« Treaty .. ago, and„f,,eNecX^°-;/bout ten Year^ : ^th his Son onhis aSS T ??"''°" ^dd li-med our League of Fwl!^!^? ''^ *''''^'' we con. * quence 'I ig-Houre, ^^u Yef- Jitivate treaty Years Time d free j/en- ut be anie. heJd :on- Jaft nfe- 4 ( 19) qucncc of this, we, on our Part, fliall preferve the Road free from all Incumbrances ; in Con- firmation whereof we lay down this String of Wampum. ' You, in the next Place, faid you would en- large the Fire, and make it burn brighter, which we are pleafed to hear you mention ; and afTure you, we (hall do the fame, by adding to it moic Fuel, that it may flill flame out more ftrongly than ever : In the laft Place, you were pleafed to fay that we are bound by the ftricS^cft Leagues, to watch for each others Prefervation ; that we fhould hear with our Ears for you, and you hear with your Ears for us : This is equally agreea- ble to us ; and we fhall not fail to give you early Intelligence, whenever any Thing of Confe- quence comes to our Knowledge : And to en- courage you to do the fame, and to nourifh in your Hearts what you have fpoke to us with your Tongues, about the Renewal of our Amity, and the Brightening of the Chain of Friendftiip, we confirm what we have faid with another Belt of Wampum/ ♦Brethren, f * We received from the Proprietor's Yefterday, fome Goods in Confideration of our Releafe of the Lands on the Weft-fidc of Safqiiehannah, It is true, we have the full Qiiantity according to Agreement ; but if the Proprietor had been here himfelf, we think, in Regard of our Numbers and Poverty, he would have made an Addition to them. — If the Goods were only to be divided amongft the Indians prefent, a fingle Perfon would have but a fmall Portion ; but if you con- fider what Numbers are left behind, equally en- titled with us to a Share, there will be extremely * little. ""'•'-mi'^'-mtm. ;ii '■% f '41 - lifc 11 Si 1:1^ I : ( c € c c i € C c c c € f 20 ) Pf'l^ Sptttfe/ >'«" "-'« the valuable : Thr^fef^/ooleT .'^~™^ -°- f no«, their Value ; but w/i Vr "r.^ ^° "« Land ,s everlaftink aiLi tL f '"^"''^ '^at the ceive for it are fool' wJn"'" f'^ ?°°ds ,^e ,^. tfie future, we will frH t Z"'' Sone. For before-ha.d, the QuTmSof'fkn^ T" '^"°«' to receive. BefideT «^! ^ '^® ^°'^* we are People daily fettle o„ thefe T![ ^^ "'• "^°"'^ them, as you know thpf f >'?!"' '^movina to the Northward If fe Y'' "° ^'?''t to fettll ticular, we renew trST^'^'^^'-Jn par- Peop/e who are fetSed lt%f''T "«=""« 4e ^■ver, as far as MaiL^"^ / j^?"''' "^ that be forthwith m,d7ZZ%k X f'^^J "'^J' ""^y ^o great Damage to ou?c5.r''* (t^"''' ''o' they • We have fufdier to nK?^"' "'^ r>elawarej- the Lands lyino- on [hfw £"■;!' ^'th refpea to that though^KheSf fide °^ ^"Z?- w! tor} has paid us for wW ("""^"'"S the Proprie- fome Parfs of that Pn, . \ ^^°P'« P°«efs, vet Jy Perfons, who £ Pi e"?f R^!?/^^" '^^^ "P South of this Province frl ^^''^^"'e is to the never received anv QoJlT.- ^^""^ ^^ have -^» -commende7tr;S brr; Cr 'r'^ ^'^^" laft Treaty ; and you the„ .<• ' "^' 5 °"^ ^re. promifed to write I ^' f' °'"' '^'"^ft De- who has the AuthorTJ overVh r' p** '!"" ^^'"■°'> PWure us his Anfwer Ac I ^^^'P'''' «"<' to any from you on thisH.f^^^''^''*^^'' heard "'hat you hare done in ft ' Tf' """".'" ^""'^ "* «• if you have not * done « « < c k c < < < < ( c ( hare the will open ome more ^e do not that the ^s we re* ne. For ^Gn Bro- ;iii know '^ we arc fed With Your ^P(^il our 'niovino- to fettle In par- inch of of that ey may >r they ecS^ to oprie- s, yet en up to the have Affair t our De. -rroa d to card low riot one I ( 21 ) done any Thing, we now renew our Requefl, and defire you will inform the Perfon whofe People are feated on our Lands, that that Coun- try belongs to us, in Right of Conqueft ; we having bought it with our Blood, and taken it from 6ur Enemies in fair War ; and we expc6l, as Owners of that Land, to receive fuch a Con- fideration for it as the Land is worth. We de- fire you will prefs him to fend a pofitive Anfwer : Let him fay Ties or No : If he fays Yes, we will treat with him ; if No, we are able to do our- felves Juftice ; and we will do it, by going to take Payment ourfelves. * It is cuftomary with us to make a Prefent of Skins, whenever we renew our Treaties. We are afhamed to offer our Brethren fo few, but your Horfes and Cows have eat the Grafs our Deer ufcd to feed on. This has made them fcarce, and will, we hope, plead in Excufe for our not bringing a larger Quantity. If we could have fpared more, we would have given more ; but we are really poor ; and dcfire you'll not confider the Quantity, but, few as they are, ac- cept them in Teilimony of our Regard.' Here th^y gave -the Governor a Bundle of Skins % The Governor immediately replied : * Brethren, * We thank you for the many Declarations of Refpcifl you have given us, in this folemn Re- newal of our Treaties : We receive, and (hall keep your String and Belts of Wampum, as Pledges of your Sincerity, and defire thofe we gave you may be carefully preferved, as Tefti- monies of ours. • In . 'I- li: t , li li r! |!i , ' Ijl • I li I! t ( 22 ) * In Anfwer to what you fay about tlie Proprie- taries. — They are all abfent, and have taken the Keys of their Cheft with them ; fo that we caii- not, on their Behalf, enlarge the Quantity of Goods : Were they here, they might, perhaps, be more generous ; but^we cannot be liberal for them. — The Government will, however, take your Requeft into Confideration ; and in Regard to your Poverty, may perhaps make you a rre- fent. I but juft mention this now, intending to refer this Part of your Speech to be anfwered at our next Meeting. * The Number of Guns, as well as every Thing elfe, anfwers exa£lly with the Particulars fpeci- fied in your Deed of Conveyance, which is more than was agreed to be given you. It was your own Sentiments, that the Lands on the Weft-fide of Safquehannah were not fo valuable as thofe on the Eaft ; and an Abatement was to be made, proportionable to the Difference in Value : But the Proprietor overlooked this, and ordered the full Quantity to be delivered, which you will look on as a Favour. ' It is very true, that Lands are of late become more valuable ; but what raifes their Valiie ? Is it not entirely owing to the Induftry and Labour ufed by the white People, in their Cultivation and Improvement ? Had not they come amongft you, thefe Lands would have been of no Ufe to you, any farther than to maintain you. And is there not, now you have fold fo much, enough left for all the Purpofes of Living ? — What you fay of the Goods, that they are foon worn out, is applicable to every Thing ; but you know very well, that they coft a great deal of Money ; and the Value of Land is no more than it is worth in Money. ' On I the Propric- e taken the lat we call- Quantity of tj perhaps, liberal for ever, take in Regard you a Pre- tending to ifwered at -ry Thing lars fpeci- -h is more was your Wefl-fide as thofe be made, ue ; But lered the you will become liie? Js Labour tivation imongft Ufe to And is enough lat you rn out, w very ; and worth ( 23 ) ^ On your former Complaints againit People's ' fettling in the Lands on Juniata^ and from thence ' all along on the River Safquehannah as far as ' Mahanlfihy^ fome Magiftratcs were fent exprefsly <= to remove them, and we thought no Perfons « would prefume to ftay after that.' Here they interrupted the Governor, and faid : — " Thefe Perfons who were fent did not do *' their Duty : So far from removing the People, *' they made Surveys for themfelves, and they are *' are in League with the Trefpaflers. We defire *' more effedlual Methods may be ufed, and ho- '' nefter Perfons employed." Which the Governor promifed, and then pro- ceeded : « Brethren, * According to the Promife made at our lafl * Treaty with you, Mr. Logan^ who was at that * Time Prefident, did write to the Governor of * Maryland^ that he might make you Satisfa(Etion * for fuch of your Lands as his People had taken * up, but did not receive one Word from him * upon that Head. I will write to him again, * and endeavour to procure you a fatisfa(5lory An- ^ fwer. We do not doubt but he will ilo you * Juftice : But we exhort you to be careful not to ' exercife any A£ls of Violence towards his Peo- * pie, as they likewife are our Brethren, and Sub - * jedts of the fame great King ; and therefore * Violence towards them muft be productive of * very evil Confequences. * I (hall conclude what I have to fay at this * Time, with Acknowledgments for your Pre- * fent ; which is very agreeable to us, from the * Expreflions of Regard ufed by you in prefenting ' it : Gifts of this Nature receiving their Value * from m i I I i 1' ). I'i ' t; li. V ( 24 ; ^ from the Affedlion of the Giver, and not from * tne Quantity or Price of the Thing given.* AtaCOUNCIL held at Philadelphia, July 8, 1742. P R E S E N 'T^, The Honourable GEORGE THOMAS, Efq; Lieutenant-Governor. yames Logan, Clement Plumfted, Samuel Hafell^ Abraham Taylor, Samuel Prejlon, Thomas Laivren^e^ Ralph AJheton^ Robert StrettelL Efqrsi The Board taking into Confideration whether it be proper or not at this Time, to make a Prefent to the Indians of the Six Nations now in Town, in Return for their Prefent to this Government at Yefterday's Treaty.; Refolved, That it is highly fit and proper ihat a Prefent be made to the faid Indians at this Time. And it is the Opinion of this Board, that the faid Prefent (hould be of the Value of 500 /. or at lead 300 /. And it is recommended to Mr. Logan, Mr, Pre/fon^ and Mr. Lawrence^ to acquaint Mr. Kin- fcy^ the Speaker of the Affembly, with the Opinion of this Board ; and that they requeit him to confer with fuch other Members of the Afiembly as are in Town, and report their Sentiments thereupon. The Board taking into Confideration the Threats cxprefled by the Indians^ at the Treaty Yefterday, againft the Inhabitants of Maryland, fettled on cer- tain th| T| th m ci mi th; laA C( fa. fp( Ai ] nl j not from ivcn.* iladelpbia^ ^^S, Efqi ivhether it a Prefent n Town, nment at refent be that the /. or at fly Mr. r. A7«- )pinion confer are in )on. hrea ts terday, ^n cer- tain '' ( 25 ) 'tiiln LanJs on the Weft-fide of Safquehannahy which the Indians claim, and for which they require Sa- tisfadion ; and confidering, that fhould thofc Threats, in any Sort be put in Execution, not only 'the Inhabitants of Maryland^ but of this Govern- ment, and all his Majefty's Subje:t il f"! ( 30 ) Then were read the feveral Conveyances, th; Paragraph of the Letter wrote by the Chiefs of the Six Nations relating to the Delowares ; the Letter^ of the Fork Indians to the Governor and Mr. Lam- home^ and a Draught of the Land ; thefe were then delivered to Conrad IVeifcr^ who was defired to in- terpret them to the Chiefs, when they ihould take this Affair into their Confideration. At a COUNCIL held 7«/y 10, 1742. PRESENT, The Honourrble GEORGE THOMAS^ Efq; Lieutenant-Governor. yames Logan, Samuel Pre/ion, re/ion, ") Clement Pluiifted, Samuel Hafelly I Thomas Lawrence^ Robert Strettell^ Abraham Taylor^ i Efqrsi The Governor laid before the Board an Extra<5l /rom the Treaty held here the 7th Inftant with the Indians of the Six Nations, fo far as it related to the Inhabitants of Maryland; as alfo a Letter he had prepared for the Governor of Maryland upon that Subjedl; both of which being approved, were or- dered to be tranfcribed fair, in order to be dif- patch'd the following Morning. The Letter was as follows ; SIR, Philadelphia, July lo, 1742. CTHE indofed ExtraSf of the Speech made by the -* Chiefs of the Six Nations, before a very nume- rous Audience, in this Placj, with my Anfzver to it, is of fo great Importance to all his Majejlfs Colonies in this Part of his Dominions^ and to your Govern- merit nvcyances, tli; ie Chiefs of thj 5 the Letter^ and Mr. La}t,. :hcfe were then 5 defired to in. c> ihould take ' 10, '742. '^^^S, Eki, Efqrsi J an Extraa ant with the elated to the Jtter he had d upon that d, were or- ■ to be dif- Letter was ( 3' ) ^tnnit hi particular^ that I have employed a fpccial Mcjfenger to deliver it yon. I hope you will cnahk me to jend them a fatisfutiory Anfivcr, It would he impertinent in me to jay more to one fo vjcli informed as )ou are of thefe Nations^ and of their ahfolute Authority over all the Indians bordering upon ns^ or of the Advantages of maintaining a JlriSi Fricndfoip with them at all Times^ but more efpecially at this cri- tical Juncture, I am. Yours, ^t% An Account exhibited by Conrad JVeifer of his Expcnces upon the Indians^ and Indian Affairs, from February laft to July i, 1742, amounting to 36/. 1 8 J. 3^. was laid before the Board, and examin'd, and allow'd to be a juft and very mo- derate Account. And the Board taking into Confideration the many fignal Services performed by the faid Conrad IVeifer to this Government, his Diligence and Labour in the Service thereof, and his Skill in the Indian Languages and Methods of Bufinefs, are of Opinion, that the faid Conrad {hould be al- lowed, as a Reward from the Province at this Time, the Sum of Thirty Pounds^ at leaft, befides Payment of his faid Account. % i/y 10, 1742, made by the very nume- 'fiver to ity I's Colonies tr Govern- ment c 4 Af 'Mk .•r" l;i 4 I 1 1 i ;i r ii 1 . 1 '"i i;: it Ii A\h^\ 1 i -. ^#//, SEfqrs. ( 3^ ) AtaCouNCiL held at the Great Meeting- Houfc, July lOy P.M. iy42. PRESENT, The Honourable GEORGE THOMAS, V.Wy, Licutcnant-Cjovemor. James Logan ^ Samuel Prefhn^ Thomas LawrencC'i Sa?nucl Majfe Abraham Taylor^ Robert Sir CAN/fSS^TEEGO, ? a i •», r v nx- c CONRAD WE ISER, Interpreter. And a great Number of the Inhabitants of Phi- iadelphia. The Governor fpoke to ih^ Indians ^ as follows : * Brethren, * This Meeting will be (hort. It is in order to * make you a Prefent from the Governor, the * Council, the AfTembly^ and all our People. * IFtlliam Penn was known to you to be a good * and faithful Friend to all the Indians : He made * a League of Friendfliip with you, by which wc * became one People. This League has often ^ fince been renew'd by friendly Treaties ; and at *^ you have declared that the Fricndfhip ihall al- ' v/ays laft on your Parts, {o we would have you ' believe that it fhall remain inviolable on ours * while the Sun and Moon endure. ' I gave you fome ExpecSlatlon of a PrefciJt, ' and we have it now ready to deliver to you. * This Prefent is made you by the Governor, * Council, Aflcmbly, and all our People, in Con- * fidcration •I c cl (1 t j H ( 34) At aCouNciL held at the Proprietor's, y^^ly 12, 1742. PRESENT, The Honourable GEORGE THOMAS, Efq; Lieutenant-Governor. 7<^7;?^j Lo^cm^ Clement Pltanflcd^ TJjotnas Lawrence, Abraham Taylor^ > Efqrs. Robeit Strettcl/, J Mr. Richard Peters, C/IN/ISSATEEGO, 7 And fundry Chiefs of the SHICKCALAMT, 5 Six Nations, S ASSOONAN, and the Delawares. NUrri MUS, and the Fork- Indians, CONRAD IVEISER, Interpreter. Pijqucioinan, Cornelius Spring, Nicholas Scully J Cornelius Springs > Interpreters to the Fork-Indians, AV^- I •> I •\! f ; » CANASSATEEGO faid : * Brethren, the Governor and Council, * The other Day you informed us of the Mif- hehavlour of our Coufins the Delawares, with Refpe<5l: to their continuing to claim, and refufing to remove from feme Land on the River Dela^ ware, notwithftanding their Anceflors had foJd it by a Deed under their Hands and Seals to the Proprietaries, for a valuable Confideration^ up- wards oi fifty Years ago, and notwithiflanding that, they themfclves had alfo not many Years ago, after a long and full Examination, ratified that Deed of their Anccllors, and given a frefli one under their Hands and Seals 3 and then you * re- t: ( 35 ) roprktor's. MJS, Efq; 1 , > Efqrs. Chiefs of the 'aiiofis, nvares* ■Ind'ums, :rpreter. 'ork' Indians, faid : d Council^ of the Mif- warcs^ with and refufmg River Dela- had fold it Seals to the ;ration> iip- vithftanding nany Years on, ratified iven a frefh id then you icqucftcd us to remove them, inforcing your Re- qucff with a String of Wampum.— Afterwards we laid on the Table our own Letters by 6V/- rad Jycijer\ lomc cf our Coulins Letters, and the fc. cial Writings to prove the Charge againft our Coufins, with a Draught of the Land in Dirputc— We now tell you, we have pcrufed all thcfe fevcral Pai>crs : We fee with our own Eyes, that they have been a very unruly People, and arc altogether in the Wrong in their Deal- incrs with you. — Wc have concluded to remove them, and oblige them to go over the River Delaivarc^ and (piit all Claim to any Lands on thi3 Side for the future, fmce they have recci^v(»d Pay for them, and it is gone through their Ciuts long ago. — To confirm to you that wc will fee your Rcqueft executed, we lay down this String of Wampum in Return for yours/ Then turning to the Delawarcs^ holding a Belt of Wampum in his Hand, he fpoke to them as fol- io v/s : ' Cousins, * Let this Belt of Wampum fcrve to chaftlfe * you. You ought to be taken by the Hair of *• the Head, and fhaked fevcrely, till you recover ' your Senfes, and become fobcr. You don't *• know what Ground you fland on, nor what *" you are doing. Our Brother Onash Caufe Is * very juft and plain, and his Intentions are to * preferve Friendfhip. On the oth?r Hand, your * Caufe is bad ; your Heart far from being up- * right ; and you are malicioufly bent to break the ' Chain of Friendfhip with our brother OnoSy and 'his People. We have feen with our Eyes a * Deed fign'd by nine of your Anceftors a'jove ' fifly Years ago for this very Land, and a Rcleafe * %a'd, not many Years fmcc, by fomc of your- * felves M ft ; in ( ■•! )*'! ;i«vi: m i"i ;!(|.i ,^f^ '"•■11 ! 'il; ( .?6 ) felvcs and Chiefs now living, to the Number of fifteen or upwards. — Hut how came you to take upon you to fell Land at ali ? We conquered you ; we made Women of you ; you know you arc Women, and can no more fell Land than Women ; nor is it fit you (hould have the Power of felling Lands, fmce you would abufe it. This Land that you claini is gone thro' your Guts ; you have been furnilhcd with Cloaths, Meat, and Drink, by the Goods paid you for it; and now you want it again, like Children as you are. — But what makes you fell Land in the l)ark ? Did you ever tell us that you had fold this Land ? Did we ever receive any Fart, even ihe Value of a Pipe-ftiank, from you for it ? You have told us a blind Story, that you fent a Meflcnger to us to inform us of the Sale ; but he never came amongft us, nor we never heard any Thing about it. — This is a(S^ing in the Dark, and very difi^crent from the Conduill: our Six Niitions obferve in the Sales of Land ; on fuch Otcafions they give publick Notice, and invite ail the Indinns of their united Nations, and give them all a Share of the Prefent they receive for their Lands. — This is the Behaviour of the wife united Nations.-— But we find you are none of our Blood : You a we don't give you the Liberty to think about it. You are Women. Take the Advice of a wife Man, and remove immediately. You may remove to the other Side of Dclaivarr. where vou came from : Bnc wc do nut know vyhciher, coufidgring how you * have ll ! le Number of e you to take e conquered ou know you II Land than lid have the would abufe IS gone thro' nilhcd with ■ Goods paid again, like ^kes you Icll 1 us that you receive any from you for ry^ that you of the Sale ; r we never K^ing in the JonduiSl our Land ; on ^Jotice, and "(i Nations, Vefent they e Behaviour ve find you a diflioncft r Matters : )us Reports Mthasmuch c Embraces I we charge vc you tile e Women, nd remove the other from : Bat how you * have ( 37 ) * have demeaned yourfclves, you will be permitted * to live there ; or whether you have not fw?!- * lowed that Land down your Throats, as well * as the Land on this Side. We therefore a/Iign * you two Places to go, either to IVyomcn or Sha- * mokin. You may go to either of thefc Places, * and then we fhall have you more under our * Eye, and (hall fee how you behave. Don*t de- * liberate, but remove away, and take this Belt of * Wampum.' This being interpreted by Conrad Weifer into Fuglijh^ and by Cornelius Spring into the Dela- ware Language, Canajfateego taking a String of Wampum, added further : ' After our juft Reproof, and abfolutc Order * to depart from the Land, you are now to take * Notice of what we have further to fay to you. * This String of Wampum ferves to forbid you, ' your Children and Grand -children, to the lateft * Poftcrity for ever, meddling in Land -affairs ; * neither you, nor any who fhall defcend from * you, are ever hereafter to prefume to fell any * Land : For which Purpofe you are to preferve * this String, in Memory of what your Uncles * have this Day given you in Charge. — We have * fome other Bufinefs to tranfa6l with our Bre- * thren, and therefore depart the Council, and * confider what has been faid to you.* Canajfateego then fpoke to the Governor and Council : * Brethren, • We called at our old Friend James Logan% * ill our Way to this City, and, to our Grief, wc ' found .0. I? P »; iT^^f^ I ! : "l^ Ni C C ( c € C C ( c c c s ( 38 ) found him hid in the Bufhes, and retired, thro' Infiimiti'^^s, from publick Bufmefs. We prefs'd him to leave his Retirement, and prevailed with him to affift once more on our Account at your Councils. We hope, notv^ithflanding his Age, and the EfFeds of a Fit of Sicknefs, which we underftand has hurt his Conftitutlon, that he may yet continue a long Time to aflift this Pro- vince with his Counfels. He is a wife man, and a faft Friend to the Indians ; and we defire, when his Soul goes to G O D, you may chufe in his Room juft fuch another Perfon, of the fame Prudence and Ability in counfelling, and of the fame tender Difpofition and Affection for the Indians, In Teftimony of our Gratitude for all his Services, and becaufe he was fo good as to leave his Country-houfe, and follow us to Town, and be at the Trouble, in this his ad- vanced Age, to attend the Council, we prefent him with this Bundle of Skins.' 'Brethrenj * It is always our Way, at the Conclufion of a Treaty, to dcfire you will ufe your Endeavours with the Traders, that they may fell their Goods cheaper, and give us a better Price for our Deer-fkins. Whenever any particular Sort of In^ dlQU Goods is fcarce, they conlliantly make us pay the dearer on that Account. We muft now ufe the fame Argument with them : Our Deer are killed in fuch Quantities, and our Hunting- Countries grown lefs every Day by the Settlement of white People, that Game is now difficult to iind, and we muft go a great Way in queft of it j they therefore ought to give us a hater Price for our Skins; and we defire you would fpeak to them to do fo. We have been (tinted ' in I ■I ■etired, thro' We prefs'd evailed with >unt at your ng his Age^ J which we ^i that he ift this Pro- wife man, ^ we defire, rnay chuie ?^> of the eJJing, and AiFeclion f Gratitude t'as fo good ollow us to ^is his ad- ^e prefcnt i0: iilon of a ndeavours eir Goods - for our ^rt of /'/^ ^^e us pay t now ufe I^e^r are Hunting- sttJement ifficult to queft of a b'jttcT •u would n ftinted • in c c ( 39) in the Article of Rum in Town. We defire yo»' will open the Rum-bottle, and give it to us in greater Abundance on the Road.' To in/one our Requeji about the Indian Trader s^ we prefe?it you with this Bundle of Skins. * Brethren, * When wc firft came to ynur Houfes we found * them clean, and in Order, but we have ftaid fo * long as to dirty them ; which is to be imptitcd to our different 'Vay of Living from the white People : And therefore, as we cannot but have been difagreeablc to you on this Accrant, we prefent you with fome Skins, to make your Houfes clean, and put them into the fame Con- dition they were in when we came amongft you.' * B R E T H R E N, * The Bufmefs the Five Nations tranfadt with you is of great Confequence, and requires a ikilful and honeft Perfon to go between us ; one in whom both you and we can place a Con- fidence.*— We efteem our prefent Interpreter to be fuch a Perfon, equally faithful in the Inter- pretation of whatever is faid to him by either of us, equally allied to both ; he is of our Nation, and a Member of our Council, as well as of yours. When we adopted him, v/e divided him into two equal Parts : One we kept for ourfelves, and one we left for you. He has had a great Deal of Trouble with us, wore out hii Shoes in our MefTages, and dirtied his Cloaths by being amongft us, fo that he is become as nafty as an Indian^ In - jH ■^ t u 11 u M .ii i ' C 40 ) * In return for thefc Services, we recommend him to your (j cncrofity ; and on our own Behalf, we jyive him Five Skim to buy him Cloaths and Shoes with.' ' B R K T H R E N, * We have flill one more Favour to afk. Our Treaty, and all wc have to fay about public Bu- rniofs, is now o\cr, and To-morrow we defign to leave you. Wc hope, as you have given us Plenty of good Provifion whilft in Town, that you will continue your (ioodnefs fo far as to Supply us with a little more to fcrve us on the Road. And we likcwifc dclirc you will provide us with Waggons, to carry our Goods to the Place wiicre they arc to be conveyed by Water.* To thefe feveral Points the Governor made the following Reply, * Br ETHK Eli of the Six Nations^ * The Judgment you have jufl now pafled on * your Coufms the Dekiwares^ confirms the high * Opinion we have ever entertained of the Juftice * of the Six Notions, This Part of your Chara<5ler, for which you are dcfervedly famed, made us wave doing ourfelves Juftice, in order to give you another Opportunity of convincing the World of your inviolable Attachment to your Engagements. Thefe unhappy People might have always lived eaiy, having never received the leaft Injury from us ; but we believe {^^mo. of our own People were bad enough to impoie on their Credulity, and en«^age them in thoic wrong Mc^afures, which wc wiilij fw tlieir Sakcs, they had avoidcd» « Wc n recommend own Behalf, Cloaths and » afk. Our t public Bu« ^ we dcfign ivc given us [own, that b far as to 3 us on the vill provide 3ods to the yy Water.' nor made icing pafled on the high he Juftice ^harader, made us to give the to your lie might :eived the fume of impole in thele :ir Sakcs, Wq ( 41 ) * \Vc hoped, from what wc have conftantly given in Charge to the Indian leaders, that they would have adminiftrcd no juft Caufo of Com- plaint : If they do you Wrong, it is againft our Inclinations, and contrary to our exprefs Di- rcxHions. As you have exhibited no particulai Charge againfl: them, we Hiall ufe our belt Kn- deavours to pcrfuade them to give you as much for your Skins as they can poHibly afford ; and to take Carr that their (loods, which they give in Exchange for Skins, be of the beft Sort. Wc will likewife order you fome Rum to ferve you on your Journey Home, fmcc you dcfire it. * We wiih there had been more Room and bet- ter Iloufcs provided for your Entertainment ; but not expe^Sling fo many of you, we did the bcft we could, '['is true, there are a great many Huufcs in Town, but as they are the Property of other People, who have their own Families to take Care ol, it is difficult to procure Lodg- ings for a large Number of People, efpeciaily if they come uncxpe6ledly. ' We entertain the fame Sentiments of the Abi- lities and Probity of the Interpreter, as you have exprefled. We were induced at firft to make Ufe of him in this important Truft, from his being known to be agreeable to you, and one who had lived amongft you for fome Years, in good Credit and Efteem with all your Nations ; and have ever f^-jnd him equally faithful to both. We are pleafed with the Notice you have taken of him, and think he richly deferves it at your Hands. Wq fhall not be wanting to make him a fuitable Gratification, for the many good and faithful Services h** hath done this Government. * We have already given Orders for Waggons to carry your Goods, and for a Supply of Provi- fions to ferve you on the Road in your Return * Home, m /.'Si.**' . I--, ,■ n ^■rrr 1 1'' ^* B ..v: Wr 'ittjH t t i 1 :l (42 ) * Home, where we heartily wifh you may arrive * in good Health/ After the Governor had concluded, Mr. Logan returned an Aiifwer to that Part of CanaJJatecgo'^ Speech, which related to him, and faid, ' That not only upon the Account of his Lamenefs, of which the Indians themfelves were Witnefles ; but on Account of another Indifpofition, which about three Years fince had laid him under an Incapacity of exprefling himfelf with his former ufual Freedom, he had been obliged to live re- tired in the Country. But that our firft Pro- prietor, the Honourable William Penn^ who had ever been a Father and true Friend to all the Indians^ having about forty Years fmce recom- mended them to his particular Care j he had al- ways, from his own Inclination, as well as from that ftrid Charge, endeavoured to convince all the Indians^ that he was their true Friend ; and was now well pleafed, that after a Tra6l of fo many Years, they were not infenfible of it. He thanked them kindly for their Prefent, and heartily joined with them in their Defires, that this Government may always be furniftied with Perfons of equally good Inclinations, and not only with fuch, but alfo with better Abilities to ferve them.' And then Canaffateego faid, He had forgot to mention, that Shickcalamy and Caxhayn had been employ'd on feveral MefTages to this Government, and defired they might be ;:onfidered on that Ac- count. At I may arrive Mr. Logan l>anaJ]ateego^ % aid, ' That .anienefs, of ; Witnefles ; tion, which im under an b his former ;d to live re- >ur firft Pro- 2«, who had d to all the fince recom- j he had al- well as from convince all "riend ; and a Tra<5l of nfenfible of heir Prefent, heir Defires, be furnifhed ations, and ter Abilities n d forgot to had been jovernment, on that Ac- At (43 ) At a Council held the i2thof 7«/y, P. ilf, 1742. PRESENT, The Honourable GEORGE THOMAS, Efq; Lieutenant-Governor. Jatnes Logan^ Safnucl Prejion^ Clement Plumjlecly Thomas Laivrence Samuel Hafell^ Abraham Taylor y Robert Strettelly Mr. Richard Peters, .? ;>Erqrs, i The Board taking into Confideration the Regu- lation of the neceflary Expences of the Indians tra- velling down hither, and returning ; and upon an Eftimate made by Conrad Weifer^ amounting to about one hundred Pounds, it appearing that the faid Sum of 100 h will be neceflary to be advanced to Conrad TVeifer to defray thofe Expences ; Mr. Lo- gan, on the Proprietaries Behalf, propofes to ad- vance 40/. and the Treafurer declaring he had no public Money in his Hands, and that if he had, he would not advance Money without the Aflem- bly's Order ; it is recommended to Mr. Prejlon and Mr. Laivrence, to confer with Mr. Kinfey, and know whether he, as Speaker of the Aflembly, and Truttee of the Loan-Office, will advance the other 60 /. And the Indians having requefted that they might have a fmall Quantity of Rum, to be added to their Provifions, to comfort them on the Road j the Board is of Opinion, that there be added to the faid Eftimate for twenty Gallons of Rum for the aforefaid Ufe. And in Return for 5 J i 4' m Vfw (44) for their Prefent of Skins, at requcfling that the Indian Traders be enjoined to fell their Goods cheaper^ the Board directs that two Strouds be prc- fented. And that five Pounds be given to Caxhayn on the Account of the Province, for his Services ; And to Sbkkcalamy the like Sum. j1 juji Copy, compared by PATRICK BAIRD, Sec. ' > f . ' * 'T r,./.^. A ig that the tieir Goods mds be pre- to Caxhayn is Services j GsW^^iWaftiW^^W^Si^^Bfti^ dhy RD, Sec. '■'.:■■ '4< TREATY, Held at the Town of Lancajier^ in Pens yl van i a. By the Honourable the Lieutenant Governor of the Province, And the Honourable the Commiflioners for the PROVINCES OF Virginia ^WMar yland, 'WITH THE I N D I A N S OF THE SIX NATIONS, In June and Julyy 1744. :ii ,ii >1 1% ^^■^^^Mi PiMl ISiiS? A Treaty with the INDIANS of the Six Nations. In t* r-HousE 111 the Town of JLu*^:.. /-•" on Friday the Twenty- ftccTid ot June, 1744. PRESENT, The Flni.ourablc GEOEGE THOMAS, Efq; Lieut Go.crnor ot" the Province oi Pcnfyhania^ and Counties of K wcajlle, Kent and Stijfex, on Delaware, The Hon^'' Thomas Lee, Efq; 7 Cornmiflioners Colonel Wdliam Beverly, 3 oi Virginia,, The Hon '*^ " Edm-Jeitnings, Efq; "J ~ "* ' ~ I Commiilioners Philip Thomas, ¥Ay, Colonel Robert King, Colonel Thomas Colville^ f of Maryland, The Deputies of the Onondagoes, Senecas^ Cayogoes^ Oneidas and Tujcaroraes, Conrad Weifer, Interpreter. ?gt§t^?gt§ H E Governor and the Commiflioners ^ ^ took fome of the Indian Chiefs by the ^ T §• Hand, and after they had feated them- ^ ^ felves, the Governor bid them welcome ^^^^^ into the Government; and there b^ing Wiae and Punch prepared for them, the Governor \ ■ ^^ Ml \ ?! It lil' ! ■ ;I! 6" u '-li li'^ r::JI ^-^i- i ( 4S ) Governor and the feveral Commlflioners drank Health to the Six Nations ; and Canajfateego^ Tachanoontia^ and fome other Chiefs, returned the Compliments, drinking the Healths of * Onas^ f Ajfaragoa^ and the Governor of Maryland, After they were all ferved with Wine, Punch, Pipes and Tobacco, the Governor told the Indians^ that as it was cuftomary, and indeed neceflary, they fhould have fome Time to reft after fo long a Journey, and as he thought three Days would be no more than fufficient for that Purpofe, he pro- pofed to fpeak to them on Monday next ; after which, the honourable Commiflioners would take their own Time to deliver what they had to fay. CJNJSSATEEGO anfwered the Governor: We thank you for giving us Time to reft ; we arc come to you, and fhall leave it intirely to you to appoint the Time when we (hall meet you again. We likewifc leave it to the Governor of Maryland, by whoie Invitation we came here, to appoint a Time when he will pleafe to mention the Reafon of his inviting us. As to our Brother Affa- ragoa^ we have at this prefent Time nothing to {2i^ to him ; not but we have a great deal to fay to AJfaragoa^ which muft be faid at one Time or another ; but not being fr^isfied whether he or we fliould begin firft, we Ihall leave it wholly to our Brother Onas to adjuft this between us, and to fay which fhall begin iirft. * Onasy the Governnr of Penfyhania. •\ j4JJar.'jgoaf the Coycvnzx oi f^trginia* 111 I 1) Hi ( 49) mers drank Zanajfateego^ returned the F * Onas^ f ^and. ne. Punch, the Indians^ lefTary, they : fo long a s would be )fe, he pro- after which, ce their own Governor : eft ; we arc ,r to you to meet you ; Governor me here, to nention the other AJJa- ling to Iky to fay to Time or r he or we )lly to our and to fay In Id the CouRT-HousE at Lancajler^ June 25, 1744.. A. M, PRESENT, The Honourable GEORGE THOMJS, Efq; Governor, &c. The Honourable the Commiffioners of Virginia, The Honourable the Commiflioners of Maryland. The Deputies of the Six Nations, Conrad Weifer^ Interpreter. The Governor fpoke as follows : * Honourable Gentlemen^ Commijjionenfor the Govern^ ments ^Virginia ^z«^ Maryland, and Brethren^ Sachims^ or Chiefs of the Indians of the Six Nations i AT a Treaty, held by me two Years ago, Ju Behalf of the Government of Penfylvania, #ith a Number of the Chiefs of the Indians of the iix Nations, I was dcfired by them to write to the Governor of Alaryland concerning fome Lands in die back Parts of that Province, which they claim t, Right to from their Conquefts over the ancient PoflcHbrs, and which have been fettled by fome of the Inhabitants of that Government, without tli^ir l^onfent, or any Purchafe made from them. It Was at that Time underftood that the Claim was ^on Maryland only ; but it has fmce appeared, by ^me Letters formerly wrote by Mr, Prcfidcnt Lo- '^ Vol. IL D gr^^i Vf,.! \^>mm ill *■■, ■is';' *H;' M % ^t^' .**»**■■ I I I \pm ,v ;l Sfi m'' ( 50 ) jran to the late Governor of Maryland^ that It re- Jated likewife to fome Lands in the back Parts of Virginia, The Governors of thofe Colonies foon manifefted a truly equitable Difpofition to come to any reafonable Terms with the Six Nations on account of thofe Lands, and defired, that for that End a Time and Place might be fixed for a Treaty with them ; but before this could be efFedled, an unfortunate Skirmifh happened in the back Parts of Virginia^ between fome of the Militia there, and a Party of the Indian Warriors of the Six Nations^ with fome Lofs on both Sides. Who were the Ag- greflbrs is not at this Time to be difculTed, both Parties having agreed to bury that Affair in Oblivion, and the Government of Virginia having, in Token of the Continuance of their Friendfhip, prefented the Six Nations^ through my Hands, with Goods to the Value of One Hundred Pounds Steiling. To prevent further Hoftilities, and to heal this Breach, I had, before the Prefent was given, made a Tender of my good Office 5 which both Parties accepted, and confentcd, on my Inflances, to lay down their Arms : Since which the Faith pledged to me has been mutually preferved, and a Time and Place iias been agreed upon, through my Intervention, for accommodating all Differences, and for fettling a firm Peace, Union and Friendfhip, as well be- tween the Government of Virginia as that of, Maryland^ and the Indians of the Six Nations *. The honourable the Commiifioners for thefe two Governments, and the Deputies of the Six Nations, are now met at the Place appointed for the Treaty. It only remains therefore for me to fay, that if my further good Offtces {hall be thought ufeful for the * This was allowed, at a Conference had by the Governor with the Ccmminiooers, to be a juft State of the Tranfa^ioni piecceding lii€ Treaty* ;?, that it re- )ack Parts of Colonies foon )n to come to i Nations on that for that I for a Treaty : efFecled, an back Parts of a there, and a Six Natiom^ were the Ag- d, both Parties Oblivion, and in Token of prefented the th Goods to jteiJing. To I this Breach, ade a Tender ies accepted, ly down their to me has and Place ntervention, d for fettling as well be- as that of, Nations *. ■or thefe two Six Nations^ r the Treaty, y, that if my ufeful for the ^d le 'X It \t Coverror with lAioni piccceding ( 5' ) Ithe Accomplifhment of this Work, J^ou may rely moft alluredly upon them. But I hope, honourable Gentlemen Commiflion- crs, it will not be taken amifs if I go a little further, and briefly reprefent to you, how efpecially necef- fary it is at this Juncture, for his Majefty's Service, •and the Good of all his Colonies in this Part of his Dominions, that Peace and Friendfhip be eflablifhM between your Governments and the Indians of |he Six Nations, 7'hefe Indians^ by their Situation, are a Frontier to fome of them ; and, from thence, if Friends, are capable of defending their Settlements ; if Ene- mies, of making cruel Ravages upon them ; if Neuters, they may deny the French 3. PafTage through their Country^ and give us timely Notice of their Defigns. Thefe are but fome of the Mo- tives for cultivating a good Underflanding with them ; but from hence the Difadvantages of a Rup- ture are abundantly evident. Every Advantage you gain over them in War, will be a weakening of the Barrier of thofe Colonies ; and confequently be, in EfFed-, Victories over yourfelves and your Fellow Subjects. Some Allowances for their Pre- judices and Pailions, and a Prefent now and then for the Relief of their Neccflities, which have, in fome Meafure, been brought upon them by their Intercourfe with us, and by our yearly extendinuld then give uaftery Jun^ rOMJSy Efqj TS of Virgbm, s o(MaryI(Vhi Speech delh ijfaragoa and us, advifing and to unite no Body, and them as our g to brighten ut fmce there g the Lands onged to us, ofc to have hen we fliall ubfifHng be- ru£lion after Hen ( ss ) Here they prefented the Governor with a Belt of lFampu?ny in return for the Belt given them in the Morning hy the Gov EK^ NOR ; and the Interpreter was ordered t§ return the Yo-hah. 7 hen the Governor, in Reply ^ fpoke asfolkivs: * I receive your Belt with great Kindnefs and Affedion ; and as to what relates to the Govern- ments of Firginia and Marylandy the honourable Commiflioners, now prefent, are ready to treat with you. I fhall only add, that the Goods for th« Hundred Pounds Sterling, put into my Hands by the Governor of Virginia^ as a Token of his good Difpofitions to preferve Friendfhip with you, are now in Town, and ready to be delivered, in con- iequence of what was told you by Conrad Weifcr when he was l?ft at OnondagoJ Thenjthe Governor, turning to the Commiflion- ers of Virginia and Maryland^ faid, ' Gentlemen, I now finifhed what was incumbent upon me to fay, by Way of Introduction to the Indians ; and as yoiA have a full Authority from your refpedlive Govern- ments t:) treat with them, I fhall leave the reft in- tircly to you, and either flay or withdraw, as you Ihall think moft for your Service.* The Commiffioners faid, they were all of Opi- nion, it would be for their Advant . ;e, that the Go- vernor fliould flay with them ; and therefore they unanimoufly defircd he would favour them with the Continuance of his Prefence whilft they ihould be in Treaty with the Indians: Which his Honour faid he would at their Inftance very readily do, be- lieving it might expedite their Bulinefs, and pre- vent any Jealoufy the Indians might conceive at his withdrawing. D 4 T/;^ 3 ■^■■ii » ih ■■E 7 I mi 1^ t '1 h It li?'' ■li i P! '■'I V.' ■ il I ■■ i f •Ifc ,'« .1 ■I'll 3 ,-. «ii ( 56 ) 7/;^ CommiJltoners ^Maryland ordered the Intcrpn. ter to acquaint the Indians that the Government 'j Maryland was goitig to /peak to them^ and then /poke as follows : * Friends and Brethren of the United Six Nation?, We, who are deputed from the Government 01 Maryland by a Commiffion under the Great Seal of that Province, now in our Hands (and whi^h will be interpreted to you) bid you welcome ; and in Token that we are very glad to fee you here as Brethren, we give you this String of Wani- pum. Upon which^ the Indians gave the Yo-hali. When the Governor of Maryland received the firft Notice, about feven Years ago, of your Claim to feme Lands in that Province, he thought our good Friends and Brethren of the Six Nations had little Reafon to complain of any Injury from Mary- laud^ and that they would be fo well convinced thereof, on farther Deliberation, as he fhould hear no more of it ; but you fpoke of that Matter again to the Governor of Penfylvania^ about two Years fince, as if you defigned to terrify us. It was very inconfiderately faid by you, that you would do yourfelves Juftice, by going to take Pay- ment yourfelves : Such an Attempt would have in- tlrely diflblved .^eChainof Friendlhipfubfifting, not only between us, but perhaps the oth^xEnglifl) and you. We afTure you, our People, who are numerous, courageous, and have Arms ready in their Hands, will not fufFer themfelves to be hurt in their Lives and Eflates. *^ But, however, the old and wife People of yl/^;>- /«7;?/i immediately met in Council, and upon con - lidcring very coolly your rafli Expreflions, agreed to d the Intcrprc. Government ci therriy and then Six Natioiij, lovcrnment of he Great Seal s (and wln\|| /clconie; and fee you here ig of Wain- 'e //;^ Yo-hah. / received the f your Claim thought our ' Nations had ' from Mary 11 convinced ? fhould hear Vlatter again t two Years ou, that you o take Pay- jld have in- bfifting, not ///?J and you. numerous, heir Hands, their Lives e of Mary- upon con- ins, agreed to ( 57 ) to invite their Brethren, the Six Nations^ to this place, that they might learn of them what Right they have to the Land in Maryland^ and, if they had any, to make them fome reafonable Compen- fation lor it j therefore th^ Governor of Mary /and has fcnt us to meet and treat with you about this Affair, and the brightening and ftrengthen- ing the whain which hath long fubfifted between us. And as an Earned of our Sincerity and Good- will towards you, wc prcfent you with this Belt of Wampum. On which the Indians ^ave the Yo-hah, , Our Great King o^ England, and his Subjects, have always pollcfled the Province of Maryland free and undilturbed from any Claim of the Six NationSy for above one hundred Years pafl, and your not faying any thing to us before, convinces tis ,you thought you had no Pretence to any Lands in Maryland ; nor can we yet find out to what Lands, or under what Title you make your Claim : For the Safqtiehannah Indians^ by a Treaty above ninety Years fince (which is on the Table, and will be in- terpreted to you) give, and yield to the Englijh Na- tion, their Heirs and Affigns for ever, the greatefl Part (if not all) of the Lands we pofTefs, from Patuxent River, on the Weftern, as well as from Choptank River, on the Eaftern Side of the great Bay of CheJJapeak. And, near fixty Years ago, you acknowledged to the Governor of New-York at Albany^ " That you had given your Lands, and •' fubmitted yourfelves to the King of England.'' We are that great King's Subjed^., and we pof- fefs and enjoy the Province of Maryland by Virtue of his Right and Sovereignty thereto. Why, then, 'will you ftir up any Quarrel between you and our- ;* (elves, who are as one Man, under the Prote(5tion cf that Great King ? ^ D 5 We ■ y < '' '^ ■'1 h ^M m i*»^' i I J' fl 1 1' m lie lla ( 58 ) Wc need not put you in mind of the Trcntv, (vvliich wc i"uppo(c you have had from your Fathci.O^ made with the Province of Alarylmid near fevcnty Years ago, and renewed and contirmcd twice fincc that Time. By thcfe Treaties we became Brethren ; wc have always lived ts fuch, and liope always to con- tinue fo. We have this further to fay, that altho' wc arc not fatisfied of the Juftice of your Claim to any Lands in Alaryland^ yet wc arc dcfirous of (hew- ing our brotherly Kindnefs and Affe^iion, and to prevent (by -n.y reafonahle Way) every Mifun- dcrilanding between the Province of Maryland anu you our Brethren of the Six Nations. For this Purpofc we have brought hither i Qiiantity of Goods for our Brethren the Six A'o tiom^ and which will be delivered vou as foon a^ we fliall have received your Anfwer, and made lo bright and large a Fire as may burn pure and clcai whilft the Sun and Moon (hall fhine. We have now freely and openly laid our Bofom? hare to you ; and that you may be the better con- firmed of the Truth of our Hearts, we give you I his Belt of Wampum/ Which was received with the Yo hah, Jftcr a little Time CanalTateego /poke as follows : * Brother y the Governor y Maryland, W^e have heard what you have faid to us ; and as you have gone back to old Times, we cannot give you an Anfwer now, but fhall take what you have faid into Confideration, and, return you our Anfwer feme Time To-morrow.' He then fat down> and after fomc Time he fpoke again. * Brotkr, i ''t of the Trcnty, 1 your Fathers) ul near fe vcnty 'led twice fince We Brethren always to con. altho' wc arc Claim to any irons of (hew, ?t^ion^ and to every M\(\n\. -Maryland anJ I Light hither i II the Six a;, 'ou as foon .1^ , and made io pure and clcai e, id our Bofoni! be better con- we give you 'b the Yo hah. e as follows: nd, i to us ; and, !s, we cannci ake what you :turn you our He then iat again. * Brcthtr^ C 59 ) * Brother^ the Governor ^/^ Maryland, If you have made any Enquiry into Indian Af- fairs, you will know, that we have always had our C>nns, Hatchets and Kettles mended, when we came to fee our Brethren. Brother Unas and the Governor of York always do this for us ; and wc give you this early Notice, that wc may not there- by be delayed, being defirous, as well as you, to give all poffiblcDifpatch to the Bufmefs to be tranf- atSled between us.* The Commiflioners of Virginia and Maryland faid, fince it was cuftomary, they would give Or- ders to have every Thing belonging to them mend- ed that (hould want it. In the CouRT-HousE at Laftcajler, June 26^ 1744, P. M. PRESENT, The Honourable GEORGE THOMJS, Efq^ Governor, i^^c. The Honourable the Commiflioners of Virginia, The Honourable the Commiflioners oi Maryland. The Deputies of the Six Nations. Conrad Weifer^ Interpreter. CANASSATEEGO /poke as follows : ^ Brother^ the Governor o/* Maryland, WHEN you invited us to kindle a Council Fire with you, Conedogwainet was the Place agreed upon i but afterwards you, by Brother Onas^ upon m 'H-^ ' i: J V' f it . 1' *l 'I I \f^- i i (60) upon fecond Thoughts, confidcring that it wouM be difficult to get Provifions and other Accommo- dations where there were but few Houfes or Inha- bitants, defircd we would meet our Brethren at Lancajler^ and at his Inftances we very readily agreed to meet you here, and are glad of the Change j tui we have found Plenty of every Thing ; and as Yeflerday you bid us welcome, arid told us you were glad to ice us, we iikewife afTure you we are as glad to fee you ; and , in Token of our Satisfaction, we prefent you with this String of Wampum. Which ivas received with the ufual Certmouy, Brother^ the Governor ^Maryland, You tell us, that when about Seven Years aoq you heard, by our Brother Onas, of our Claim tci ibme Lands in your Province, you took no Notice of it, believing, as you fay, that when we fhould come to reconfulcr that Matter, we (hould find that we had no Right to make any Complaint of the Governor of Maryland^ and would drop our De- mand. And that when about two Years ago we mentioned it again to our Brother Onas^ you fay we did it in fuch Terms as looked like a Defign to terrify you ; and you tell us further, that we mull be befide ourfelves, in ufing fuch a rafh Expreflion as to tell you, We know how to do ourfelves Juftice if you Itill refufe. It is true we did fay fo, but v/ithout any ill Defign ; for we muft inform you, that when we firft defired our Brother Onas to ufc his Influence with you to pro- cure us Satisfaction for our Lands, we, at the fame Time, defired him, in cafe you Ihould difregard our Demand, to write to the Great King beyond the Seas, who would own us for his Children as well as youj to compel you to do us Juftice : And, . . . i tw'o .^S^ that it would er Acconimo. Dufes or Inha- f Brethren at readily agreed ; Change j foi ingj and a$ J told us you afTurc you wc Hoken of our this String of fual Ceremony, id, . /en Years igo our Claim to )ok no Notice jen we fhould oukl find that plaint of the rop our De- Years ago we '?ias^ you fay ke a Defign further, that ; fuch a ralh r how to do It is true we for we defired our you to pro- at the lame Id difregard Cing beyond Children as iftice : And, two 1 'gn; (6i ) '^ two Years ago, when we found that you had p'.iJ I no Regard to our juft Demand, nor that Brother . Onas had conveyed our Complaint to the Great King over the Seas, we were rcfolved to ufc fuch Expreflions as would make the grcateft Imprcflions on your Minds, and we find it had its Eftedl ; for you tell us, " I'hat your wife Men held a Council *' together, and agreed to in/itc us, and to enquire " of our Right to any of your Lands; and if it «« fhould be found that we had a Right, we were " to have a Compcnfation made for them : And " likewife you tell us, that our Brother, the Go- •* vernor of Maryland^ by the Advice of thefc wife " Men, has fent you to brighten the Chain, and " to afTure us of his Willingnefs to remove what- *' ever impedes a good Undcrflanding between us." This (hews that your wife Men undciflood our Expreflions in their true Senfe. We had no De- fign to terrify you, but to put you on doing us the Juftice you had fo long delayed. Your wife Men have done well ; and as there is no Obftacle to a good Underflanding between us, except this Affair of our Land, we, on our Parts, do give you the ftrongeft Aflurances of our good Difpofition to- wards you, and that we are as defirous as you to brighten the Chain, and to put away all Hindcr- ances to a perfect good Undcrflanding ; and, in Token of our Sincerity, we give you this Belt ot Wampum. Which was received^ and the InicrpreUr er- dered to ghe the Yo-hah, Brother^ the Governor £/" Maryland, When you mentioned the Affair of the Land Yeflerday, you went back to old Times, and told us, you had been in PofTeflion of the Province of Mary/and iihovQ One Hundred Years > but what is One >m ■ . i in mi M I'M m m m ( 6t ) One Hundred Years in Compariron of the Length ofTimefmce our Claim began? fince we came out of this Ground ? For we muft tell you, that long before One Hundred Years, our Anceftors came out of this very Ground, and their Children have remained here evei fmce. You came out ot the Ground in a Country that lies beyond the Seas, there you may have a juft Claim, but here you muft allov/ us to be your elder Brethren, and the Lands to belong to us long before you knew any Thing of them. It is true, that above One Hundred Years ago the Dutch came here in a Ship, and brought with them feveral Goods ; fuch as Awls, Knives, Hatchets, Guns, and many other Particulars, which they gave us 5 and when they had taught us how to ufe their Things, and we faw what Sort of People Jiey were, we were fo well pleafed with them, that we tied their Ship to the Bufhes on the Shore ; and afterwards, liking them ftill better the longer they ftaid with us, and thinking the Bufhes too flender, we removed the Rope, and tied it to the Trees ; and as the Trees were liable to be blown down by high Winds, or to decay of them- felves, we, from the AfFedlion we bore them, again removed the Rope, and tied it to a ftrong and big Rock Ihere the Interpreter faid^ they mean the Oneido Country'] and not content with this, for its further Security, we removed the Rope to the big Moun- tain l^here the Interpreter faia\ they mean the Onon- dago Country] and there we tied it very faft, and roll'd Wampum about it ; and, to make it I'till more fecure, we ftood upon the Wampum, and fat down upon it, to defend it, and to prevent any Hurt coming to it, and did our beft Endeavours that it might remain uninjured for ever. During all this Time the New- corners, the Dutch^ acknow- ledged our Right to the l^ands, and folicited us, from Time to Time, lo grant them Parts of our Country, f the Length ice we came :11 you, that jr Anceftors eir Children came out ot )nd the Seas, ere you muft id the Lands ' any Thing indred Years and brought vis, Knives, :ulars, which jght us how /hat Sort of pleafed with lufhes on the ill better the g the Bufhes nd tied it to liable to be :ay of them- hem, again ong and big / the Oneido r its further big Moun- the Onon- ry faft, and make it Itill mpum, and prevent any Endeavours ;r. During t7;, acknow- blicited us, *arts of our Country, ■i (63 ) Country, and to enter into League and Covenant with us, and to become one People with us. After this, the Englijh came into the Country, and, as wc were told, became one People with the Dutch, About two Years after the Arrival of the Englifi^ an Englijh Governor came to Albany^ and finding what great Friendfhip fubfifted between us and the Diitch^ he approved it mightily, and defired to make as ftrong a League, and to be upon as good Terms with us as the Dutch were, with whom he was united, and to become one People with us : And by his further Care in looking into, what had pafTed between us, ho found that the Rope which tied the Ship to the great Mountain was only faft- cned with Wampum, which was liable to break and rot, and to perifh in a Courfe of Years ; he therefore told us, he would give us a Silver Chain, which would be much ftronger, and would laft for ever. This we accepted, and faftened the Ship with it, and it has lafted ever fmce. Indeed we have had fome fmall DifFerences with the Englijh^ and, during thefe Mifunderftandings, fome of their young Men would, by way of Reproach, be every now and then telling us, that we fhould have peridi- ed if they had not come into the Country, and fur- niftied us with Strowds, and Hatchets, and Guns, and other Things neceftary for the Support of Life ; but we always gave them to underftand that they were miftaken, that we lived before they came amongft us, and as well, or better, if we may be- lieve what our Forefathers have told us. We had then Room enough, and Plenty of Deer, which was eafily caught; and tho' we had not Knives, Hat- chets, or Guns, fuch as we have now, yet we had Knives of Stone, and Hatchets of Stone, and Bows and Arrows, and thofe ferved our Ufcs as well then, as the Englijh ones do now. We are now ftraitened, and fometimes in want of Deer, and liable ■^' ■>:;i ^i x% \^\ ill 4, ;;fol i I'll ' !:' : l| .'!(' ii. ■' I l' .'• \ ii'' r Ii ( 64) liable to many other Inconvcnicncics fince the EngUJJ) came among us, and paiticularly from that Pen and Ink Work that is going on at the Table (pointing to the Secretary) and we will give you an nftance of this. Our Brother Otias^ a great while ago, came to Jlbany to buy the Sofquehannoh Lands ut" us J but our Brother the Governor oi hUiv-Tork^ who, as we fuppofe, had not a good Undcrftand- ing with our Brother Otias^ advifed us not to fell him any Land, for he would make an ill Ufe of it •, and, pretending to be our good Friend, he advifed us, in order to prevent Onas's^ or any other Perfoii's impofmg upon us, and that we might always have our Land when we fliould want it, to put it into his Hands ; and told us, he would keep it for our Ufe, and never open his Hands, but keep them clofc fliut, and not part with any of it, but at our Requeft. Accordingly we trufled him, and put our Land into his Hands, and charged him to keep it fafe for our Ufe ; but, fome Time after, he went to England^ and carried our Land with him, and there fold it to our Brother Omis^ for a large Sum of Money ; and when, at the Inflance of our Brothtt Onas^ we were minded to fell him fome Lands, he told us he had fold the Safquehamiah Lands already to the Governor of New-York^ and that he had bought them from him in England -y tho', when lie came to undcrftand how the Governor of NeiV'Tork had deceived us, he very gcneroufly paid us for ouv Lands over again. Tho' we mention this Inflance of an Impofitioii put upon us by the Governor of New -Tor k', yet vvi: muft do the EngUJJ) the Jullice to fay, we have had their hearty AfTiilanccs in our Wars with the French^ who were no fooner arrived amongft us, than they began to render us uneafy, and to pro- voke us to War, and we had feveral W^ais with them i during all which, wc conftantly received Km- i V 1 5; ^ :s fmce the rly from that It the Table give you an I great while Hinuoh Lands Undcrfland- IS not to fell ill Ufe of it; i, he advifcd >ther Perfon's always have o put it into :ep it for our t keep them it, but at our i,and put our im to keep it ter, he went th him, and large Sum of our Brother ic Lands, he ands already that he had lo', when he of NeiU'Tark id us for GUI n Impofitioii y^ork^ yet vvr we have had s with the lamongil us, and to pro- Wais with itly received Am- ( 65 ) Afliftancc from the EngUJhy and, by their Means, ' we have always been able to keep up our Heads againft their Attacks. We now come nearer Home. We have had your Deeds interpreted to us, and we^acknowledge them to be good and valid, and that the Concjioooe or Safquchannah Indians had a Right to fell thoi'e Lands 'to you, for they were then theirs ; but firice that Time we have conquered them, and their Country now belongs to us, and the Lands we demanded ' Satisfaction for arc no Part of the Lands comprized .'in thofe Deeds; they are the* Cobongorontas Lands ; thofe, we are fure, you have not poflelTed One Hundred Years, no, nor above Ten Years, and we made our Demands fo foon as we knew your People were fettled in thofe Parts. Thefe have Iiever been fold, but remain ftill to be difpofed gf ; and we are well pleafed to hear you are provided Svith Goods, and do aflurc you of our Willingiiefs to treat with you for thofe unpurchafed Ivands ; in Confirmation whereof, we prcfent you with this Belt of Wampum.* Wl)hh luas received with the ufual Ceremonies, '' CANASSATEEGO added, that as the three •Governors of Firginia^ Maryland^ and Penfyhaniay had divided the Lands among them, they could ■not, for this Reafon, tell how much each had got, . nor were they concerned about it, fo that they were paid by all the Governors for the feveral Parts each poilefled ; and this they left to their Honour and Juftice. * Cib^ngorontat, i, c. Potcmack, li it ■i Jl :|1 i M m In 1.1 ;r I :'i I'. *i" 'i. f';)' •inr'i III. Hi ■'4k f^i '('.* (66) In theCouRT-HousE at Lancafter^ June 27, 1 744> A, M. PRESENT, The Honourable GEORGE THOMAS, Efq, Governor, ^c. The Flonourable the Commiffioners of Vlrglnk The Honourable the Commiffioners oiMarylani The Dep'ties of the Six Nations* Conrad IVeifer, Interpreter. TIjc Comtnijftoners of Virginia ordered the Interpnu to let the Indians know the Government ^ Virgini tvas goi7ig to /peak to therUy and then they /poke l follows : * Sachims and U^arriors of the Six United Nation; our Friends and Brethren, AT our Defire the Governor of Penfylvm. invited you to this Council Fire 5 we hav waited a long Time for you, but now you are come you are heartily welcome ; we arc very glad t fee you 3 we give you this String of Wampum.' Which ivas received with their ufual Jpprohath * Brethren, In the Year 1736, four of your Sachims w^rot: a Letter to James Logan, Efq; then Prefident c Penfylvania, to let the Governor of Virginia knov that you expeded fome Confideration for Lands 1 ier^ June 27, ers of Vlrgink ;rs oiMaryhni 'd the Interpntc nent ^Virgin!: hen they fpokc l Jnited Nation; eriy of Penfylvan, Fire j we hav V you are coiTij ■c very glad t Wampum.' ual Jpprohath Sachims wro:: n Prefident c • Virginia kno« m for Lands 1; ( ^. ^ the Occupation of fome of t^c ^eople o^ Virginia* l^pon feeing a Copy of this Letter, the Governor, Hfiiih the Council of Virjinia^ took fome Time to confiderof it. They found, on looking into the old Treaties, that you had given up your Lands to the Great King, who has had Pofleflion of Vir- ginia above One Hundred and Sixty Years, and under that Great King the Inhabitants o'^ Virginia hold their Land, fo they thought there might be fome Miftake. Wherefore they defired the Governor of New- York to enquire of you about it. He fent his Inter- preter to you in May 1743, wbo laid this before you at a Council held at Onandago^ to which you anfwer, " That if you had any Demand or Pic- *' tenfions on the Governor of Virginia any Way, *' you would have made it known to the Governor *^ of New-Tork." This correfponds with what you have faid to Governor Thomas^ in the Treaty made with him at Philadelphia in July^ 1742 ; for then you only make your Claim to Lands in the Government of Maryland, > We are fo well pleafed with this good Faith of you our Brethren of the Six Nations^ and your Re- gard to the Treaties made with Virginia^ that we are ready to hear you on the Subjedl of your Mef- fage of eight Years fince. Tell us what Nations of Indians you conquered any Lands from in Virginia^ how long it is fmce, and what PofTciTion you have had ; and if it does appear that there is any Land on the Borders of Virginia^ that the Six Nations have a Right to, we are willing to make you Satisfa(aion. M Thetr if ■^ ' -i '\\ 'i.'T m ./r' ■'■'■ il: M l< :,;«■ (68 ) ! i- , m. I 'i:!: ,,1 'I Then laid down a String of TVampum^ which was accepted with the ufual Ceremony j ani then added^ We have a Cheft of new Goods, and the Key is in our Pockets, You are our Brethren; the Great King is our common Father, and we will live with you, as Children ought to do, in Peace and Love. We will brighten the Chain, and ftrengthen the Union between us ; fo that we fhall never be di- vided, but remain Friends and Brethren as long as the Sun gives Light ; in Confirmation whereof, we give you this Belt of Wampum.' Which was received with the ufual Ceremony, TACHANOONTIA replied : * Brother Aflaragoa, You have made a good Speech to us, which is very agreeable, and for which we return you our Thanks. We fliall be able to give you an Anfwer to every Part of it fome Time this Afternoon, and we will let you know when we are ready/ In ^ (69 ) fipum, which remony j aU md the Key rethrenj the and wc will do, in Peace trengthen the never be di- m as long as ion whereof) ial Ceremony, us, which is iturn you our »u an Anfwer fternoon, and lady.' In In the CouRT-HousE at Lancajler^ June 27, i744> P* ^• PRESENT, The Honourable GEORGE THOMAS, Efq; Governor, ^c. The Honourable the Commiffioners of Virginia* The Honourable the Commiffioners of Maryland. The Deputies of the Six Nations. Conrad JVeifer, Interpreter. TACHANOONTIA fpoke as follows : . * Brother Aflaragoa, SINCE you have joined with the Governor of Maryland and Brother Onas, in kindling this Fire, we gladly acknowledge the Pleafure we have in feeing you here, and obferving your good Dif- pofitions, as well to confirm the Treaties of Friendfhip, as to enter into further Contracts about Land with us ; and, in Token of our Sa- tlsfadion, we prefent you with this String of Wampum.' I IVhlch was received with the ufual Ceremonies, * Brother Aflaragoa, In your Speech this Morning you were pleafed to fay we had wrote a Letter to Ja}ne5 Logan, about feven Years ago, to demand a Confideration •^r our Lands in the Pofl^ffion of fbme of the Fir" ■^nians^ that you held them under the Great King for m i* • Til '>>j #■ i| -'M m 1 ■■\: !'fN 'I: If ( 70 ) for upwards of One Hundred and Sixty Years, ami that we had already given up our Right ; and that therefore you had defired the Governor of Neiv- 7'ork to fend his Interpreter to us laft Year to OnandagO', which he did ; and, as you fay, w: in Council at Onandago did decJarc, that we had no Demand upon you for Lands, and that if wc had any Pretenfions, we fhould have made them known to the Governor of New York -^ and like- wife vou deGre to know if wc have any Right to the / 7^/ /Lands, and that we will make fuch RIghi u^rs=e;i%, and tell you what Nations of //;- dians w».. ..oniv^ed thofe Lands from. Now we aniv/er. We have the Right of Con- qucft, a Right too dearly purchafed, and which coft us too much Blood, to give up without any Reafon at all, as you fay we have done at Jlbany ; but we (hould be obliged to you, if you would let us fee the Letter, and inform us who was the In- terpreter, and whofe Names are put to that Let- ter ; for as the whole Tranfadtion cannot be above a Year's Handing, it muft be frefh in every Body's ^Memory, and fome of our Council would eafily remember it ; but, we allure you, and are well able to prove, that neither we, nor any Part of us, have ever relinquiflied our Right, or ever gave fuch an Anfwer as you (ay is mentioned in your Letter. Could we, fo few Years ago, make a formal Demand, by yames Logan^ and not be fen- fible of our Right ? And hath any Thing hap- pened fince that Time to make us lefs fenfible ? No. And as this Matter can be eafily cleared up, we are anxious it (hould be done ; for we are pofitive nofuch I'hingwas ever mentioned to us at Onandago^ nor any where elfe. All the World knows we con- quered the feveral Nations living on Safquehannah^ Cobongorontay and on the Back of the Great Mountains Cc Y Years, and ht ; and that nor of NeW' laft Year to you fay, w: that wc had id that if wc c made them k 'y and like- any Right to I make fuch itions of /;;- ight of Con- , and which without any le at jllhatiy ; ou would let ) was the In- to that Let- not be above every Body's would eafily nd are well \y Part of us, )r ever gave ned in your go, make a not be fen- Thing hap. efs fenfible ? cleared up, e are pofitive at Onandago^ >ws we con- afquehannah^ the Great Mountains ( 71 ) Mountains in Virginia ; the CoYioy-uch fuch roona^ Coch now-ivas-roouan^ Tohoa-iroiigh-roouau^ and Coti" fipitjltn-oitgh-roonaw^ feel the Effects of cur Con- qucfts, being now a Part of our Nations, and their Lands at our Difpofal. We know very well, it hath often been laid by the Virginians^ that the Great King of England, and the People of that Colony, conquered the Indians who lived there j but it is not true. We will allow they have con- quered the Sachdagughrocnaw^ and drove back the Tufcarroraivs ; and that they have, on that Account, a Right to fome Part of Virginia; but as to what lies beyond the Mountains, we conquered the Na- tions reiiding there, and that Land, if the V! ;/- niafis ever get a gc^d Right to it, it muft be bv us and in TciTimony of the Truth of our Anfv ei to this Part of your Speech, we give you this Strin^ of Wampum/ TVhich was received ivith the ufual Ceremony ^ * Brother Aflaragoa, We have given you a full Anfwer to the firft Part of your Speech, which we hope will be fatis- fadlory. We. are glad to hear you have brought with you a big Cheft of new Goods, and that you have the Key in your Pockets. We do not doubt but we fnall have a good Underftanding in all Points, and come to an Agreement with you. We fhall open all our Hearts to you, that you inay know every Thing in them ; we will hide no- thing from you ; and we hope, if there be any Thing flill remaining in your Bread that may oc- cafion any Difpute between us, you will take the Opportunity to unbofom your Hearts, and lay them open to us, that henceforth there may be no Dirt, nor any other Obftacle in the Road between us ; and in Token of our hearty Wifhcs to bring about 4 *^'*". i^«| ( I'i I :^:l I !l ,•1^^' ''■■'■:^«l'i I I ^''L^ ■! 'l: ( 7^ ) fo good an Harmony, we prefent you with this Belt of Wampum. lyhich ivas received with the ufual Ceremony, Brother Aflaragoa, We muft now tell you what Mountains we mean that we fay are the Boundaries between you and us. You may remember, that about twenty Years ago you had a Treaty with us at Albany^ when you took a Belt of Wampum, and made a Fence with it on the Middle of the Hill, and told us, that if any ot the Warriors of the Six Nations came on your Side of the Middle of the Hill, you would hang thcni; and you gave us Liberty to do the fame with any of your People, who (hould be found on our Side of the Middle of the Hill. This is the Hill we mean, and we defire that Treaty may be now confirmed. After we left Albany^ we brought our Road a great deal more to the Weft, that we might comply with j^our Propofal ; but, tho' it was of your own ma- king, your People never obferved it, but came and lived on our Side of the Hill, which we don't blame you for, as you live at a great Diftance, near the Seas, and cannot be thought to know what your People do in the Back-parts : And on their fettling, contrary to your own Propofal, on our new Road, it fell out, that our Warriors did fome Hurt to your People's Cattle, of which a Complaint was made, and tranfmitted to us by our Brother Onas \ and we, at his Requeft, altered the Road again, and brought it to the Foot of the Great Mountain, where it now is ; and it is impoflible for us to remove it any further to the Weft, thofe Parts of the Country being abfolutely impafiable by either Man or Beaft. We had not been long in the Ufe of this new Road before your People came, like Flocks of Birds, and t a.- I' with this Belt fual Ceremony, :ains we mean ;n you and us. ity Years ago irhen you took icc with it on that if any ot ! on your Side i hang thcnij ime with any on our Side of iiill we mean, w confirmed. Road a great comply with Dur own ma- 3ut came and : don't blame ice, near the ^v what your their fettling, r new Road, Hurt to your : was made, las ; and we, and brought jn, where it to remove it the Country tr Man or of this new cks of Birds, and f, ( 73 ) Aii'i fat ^o^si'^ on both Sides of it, aiid yet wc never fhadea Complaint to you, tho'you muft be fcnliblc ihofc Things mUft have been done by your People, in manifeft Breach of .your own Propofal made at Jlbmy ; and therefore, as we are now opening our Hearts to you, we cannot avoid corpplaini^gj, ^nd ^fire all thefe Affairs may be fettled ; and that you Biay be ftronger induced to do us Juftice for what is ift, and to cornc tp a thorough iiettlement for the ture, we, in the Prefence of the Governor of lJi4aryland^ and Brother OnaSy prefent you with this Belt of Wampuni/ • • 1 Winch was received wit!) the ufual Ceremony. ... I Then TachanoonUa added^ r * That he forgot to fay, that the Affair of the Road mull be looked upon as a Preliminary to be fettled ' icjfore the Grant of Lands \ ' and, faid he, either the ^(irginta People miift be obliged to remove mote JS*fterly, or, if they ;^re permitted to ftay, our War- ^prs, marching that Way to the Southward, fhaU i|o ShiJrcrs w{ith them in what th^ plant.' , , . h . : » , r. 1(» u : I-.VJv. _- . vJl • i « • ^ i . ^ Vol. 11. E ■Hi! i F ■ "■\\ m Ma ^.iV^ J jrt> r : ! • i .;i!iv III ;||l'i ( 't nil -1 ; . t ■ !( I • ( 74 ) In theCouRT-HousE at Lancafter^ June 2" 1744, ^. A/. PRESENT, I The Honourable GEORGE THOMAS, E^ Governor, ^c. The Honourable the Commiflioners of Virgm: The Honourable the Commiflioners ofMarykr^ The Deputies of the Six Nations, Conrad IVeifer^ Interpreter. The Governor fpoke as follows, ^Friends and Brethren of the Six Nations, Am always forry when any Thing happens tk may create the leaft Uneafmefs between us ; bi as we' are mutually engaged to keep the Road be tween us clear and" opcn,and to remove every Ob llrudtlon that may lie in the Way, I muft inforir you, that three of the Delaware Indians latel murdered John Armjirong^ an Indian Trader, an. his two Men, in a moft barbarous Manner, as \ was travelling to Allegheny^ and ftole hi:* Goods c a confiderable Value, ^hichalamy^ and the Ink: ens fettled at Shamokiny did well 3 they feized tw; of the Murderers, and fent them down to our Settle nients ; but the Indians, who had the Charge c them, afterwards fuffercd one of them to efcape on a Pretence that he was not concerned in th bloody Deed ; the other is now in Philadelfk Gaol. By our Law all the Acceflaries to a Mur derer are to be tried, and put to Death, as well « the Perfon who gave the deadly Wound. If thei confcnte; flic at thcl Peel now bcp you mail ftere Ilia ifter^ June 2' HOMAS, Ef; icrs of Virgm: Qi'S of Maryki], as follows, >Jations, ng happens thr etwecn us ; k p the Road be ove every 01) I muft inforii Itidians latel an Trader, an. Manner, as h e hh Goods c and the /«//: hey feized tw; n to our Settle the Charge c cm to efcape cerned in th( |in Philadelpk ries to a Mur |ath, as well 21 und. Ifthei confcnte; ( 75 ) ■Dnfcntcd to it, encouraged it, or any wayj afTulcti §1 it, they i^rc to be put to Death ; and it is juft it iiould l)e (o. If, upon Trial, the Pcrlbns predi.t at the Murder are found not to have done any ot theic Things they are fet at Liberty. Two of our Rpople were, not many Years ago, publiclcly put ibft Death for killing two Indians ; we therefore ex- pert you will take the moft effectual Meafurcs ta i^zc and deliver up to us the other two Indiars prefcnt at thefe Murders, to be tried w\i\\ the Prin- cipal now in Cuftody. If it fli.ill appear, upoii their Trial, that they were not jidvifinj, 01 any TV^iyr aflifting in this horrid Fa6\, they will be acquitted', atid fent Home to their Towns. And that you may be fatisfied no Injufticc v;ill be done to them, I do now invite you to depute three or four Indians to be prefent at their Trials. 1 do likewilc cxpCvSl that you will order ftridl Search to be made for tiic Re- mainder of the ftolen Goods, that they may be rc-^ A^red to the Wife and Children of the Deceafed. Tnat what I have fald may have its due Weight Wh you, I give you this String of Wampum/ IFhich was accepted with the Yo-luh/ 1ft iThe Governor afterwards ordered the Interprcicr totell them, he expected a very full Anfwer from thtm, and that they might take their own Time tci rive it; for he did not defire to interfere with the Hjifmefs of Fit in i a and Maryland, ''They faid they would lake it into Confideration, attd give a full Anfwer. T'hen the Commiilioners of Virginia let tliem k*ow, by the Interpreter, that they would fpeak toithcm in the Afternoon. H y H 4 'M 'M m E 2 In *'^^. ': m Al 'il't I J ( r6 ) In the CouRT-HousE Chamber at Lancajh^ June 28, 17443 P. M PRESENT, The Honourable the Commiflioners of MaryhnL • The Deputies of the Six Nations, Conrad Weifer^ Interpreter. ne Commijfioners deftred the Interpreter to ielli Indians they were going to fpeak to them. M Weifer acquainted thetn herewith. Jfter which i faid Co?nmiJfwners fpoke as follows : * Our good Friends and Brethren^ the Six Unitei! Nations, WE have confidered what you faid concernlr.; vour Title to fome Lands now in our Pr vince, and alfo of the Place where they lie. Altli^ we cannot admit your Right, yet we are fo refol ved to live in Brotherly Love and AfFe<5lion vvir the Six Nations^ that upon your giving us a Relea in Writing of all your Claim to any Lands in Alai hndy we fhall make you a Compenfation to i Value of Three Hundred Pounds Currency, k the Payment of Part whereof we have broii^ Ibme Goods, and fliall make up the rtH in wi Manner you think fit. As we intend to fay fomething to you about ct Chain of Friendfhip after this Affair of the Land iettled, we defire you will now examine the Gooti; ;nd make an End of this Matter. We will not omit acquainting our good Frieii: the Six Nations^ that notwithllanding we are like to come to an Agreement about your Claim > lands, yet your Brethren of Maryland look onyc r r at Lancajh zrs of Marylmi breter to ielli to them. Ml After which //;, I * the Six Uniteil faid concernir.: ow in our Pre ley lie. Altlit we are fo refo! AfFc6tion wit ing us a Relci Lands in Ahf ^n fat ion to t Currency, ii have broii^: le I'eft in wk ) you about ci r of the Lanti line the Gooti: ur good Frien; )g we are like your Claim ^ ind look on yc ( 77 ) ^ be as one Soul and one Body with thcmfclves ; iiud as a broad Road will be made between us, we jSali always be defirous of keeping it clear, that wc jjuay trom Time to Time- take care that the Links X)f our Friendfhip- be not rufted. In Teftimony jihatoi'^r Words and our Hearts agree, we give you ihis Uclt of Wampunu* f On pifenting of which ^ the Indians g^ve the * "^ nfual Cry of Aptrobatioti, ^ Mr. /^^v/i'r acquainted the hilians^ they might to\iv" Took over die feveral Goods placed on a Table 1 the Chamber for that Purpofe i and the honour- '^ble Commiflioners bid him teFl them, if they dif- liked any of the Goods, or, if they were damaged, jthc CommifTioners would put a iefs Price on fucli •lis were either diflike,d or damnified. ♦' The Indians having viewed and examined the fGoods, and fccraiing diiTatisfied at the Price and -Worth of them, required Time to go down inio ithe Court- Hotafc, in order for a Confultation to be 4iad by t!ie Chiefs of them concerning the faid Goods, ^wA ijkewife, that the Interpreter might retire with cithern ; which he did. Accordingly they went Jdown into the Couit-Houfe, and foon after returr^- i?ed again into the Chamber. |- Mr, IVeifer fat down among the Indians^ and dlf- fcourfcd thtm about the Goods, and in ibme Ihort l|Hnie after they chofc the following from among j^lhe others, and the Price agreed to be given for ;.thcm by the Six Nations was, viz, r I. s. d, ' Four Pieces of Strowds, at 7 /. 28 co CO Two Pieces Ditto, 5/. — — 10 00 00 Carried over, 38 co 00 III II — , E 3 Brought li ^M ;;iil I fr^ I'll 4 1 1 I - I'll I 'I h! :;'; m ■ .5: '. \-^ 'I: ' • .!' 1 il''l Mil ;•..,; ill • '-i ( 78 ) I -^^ Brought over, Two Hundred Shirts, — • — Three Pieces Half- Thicks, « Three Pieces Duifle Blankets, at 7 /. One Piece Ditto, ■ — Forty Seven Guns, at i /. 6 x. One Pound of Vermilion, One Thoufand Flints, Four Dozen Jews Harps, One Dozen Boxes, •— One Hundred Two Quarters Bar- Lead, 3 Two Quarters Shot, — — i Two Half-Barrels of Gun-Powder, 13 38 h ij 21 6 61 00 00 00 00 00 Co 12 c: 00 c, 00 Ct 10 oc 02 OC 18 cc iB cc 14 oc I 00 00 OQ oe Of 00 00 220 15 00 , . Pen/ylvama Currencj, ' Wlien ihe Indians had agreed to take thefe Goods .lit the Kates above fpecified, they informed the In- f.erpreter, that they would give an Anfwer to the , Speech made to them this Morning by the honour- able the Commiffioners of Maryland^ but did not exprefs the Time when fuch Anfwer fhould be made. At 1 2 o'Clock the Commiflxoners departed the Chamber. V « "H iJ h bl (.••' In C /. 8 00 Co ead. ^3 IX 21 6 6i CO oo 00 00 3 I 12 c: 00 c^ 00 ct 10 oc 02 oc i8 cr 1 8 cc 14 oc I OQ 00 05 00 Of 220 15 oo 'vam'a Currencj, ke thefe Goods formed the In- nfwer to the y the honour- , but did not er fhould be loners departed In (79) tlic Court -House at Lancajler^ June 28, 1744, P. M, i • • PRESENT, The Honourable GEORGE THOMAS, Efc]; Governor, ^c. ' - The Honourable the Commifljoacrs of Virginia^ C The Honourable the Commiflioners of Maryland. 13 00 00 ^f The Deputies of the 5/;^ Nations, 4: Conrad IVeifer^ Interpreter. i,.^ fhe CommiJJloners of Virginia defired the Interpreter ' ' to let the Indians kno%u^ that their Brother Aflara- goa was 710W going to give his Reply to their Anfwer to his jirjl Speech^ delivered them the Day * before in the Forenoon^ -^^ • ; is* \^Sachimi and Warriors of the United Six Nations, E are now come to anfwer what you faid to us Yefterday, fince what we faid to you before on the Part of the Great King, our Father, Aas not been fatisfadlory. You have gone into old Crimes, and fo muft we. It is true that the Great fciag holds Virginia by Right of Conqueft, and iJie Bounds of that Conqueft to the Weftward is the Great Sea. If the Six Nations have made any Conqueft over Indians that may at any Time have lived on the ^ Weft Side of the Great Mountains of Virginia^ yet ^ihey never pofTeffed any Lands there that we have ||ver heard of. That Part was altogether deferted, I E 4 and q.1 m I! '^ ! 'M Jf' <"' i' ''ft- ( So ) and free for any People to enter upon, as tlic Pcop; of Virginia have done, by Oici.T of .he Grc: King, very juftly, as v/ell by am:krnv Right, ^s b its being freed from the PofTeiiion of any ciher, ar from any Claim even of you the Six Nations^ n Brethren, until within thefe eight Years. The fir Treaty between the Great King, in Behalf Mfi; Subjects of Virginiay and yoii, that we can h\ was made at AlbMy, by Col{>ntl Henry Cowi. feventy Years fince ; this was a Treaty of Fricir; fliip, when the firft Covenant Chain V^its mac when we and you became Brethren, The next Treaty was alfo at' Albany ^ above fift eight Years ago, by the Lord Heward^ Govcrrif. of Virginia ; then you declared yourlelves Subjtc to the Great King, our Father, and gave up to hif all your Lands for his Prote61ion, T\\\^ you ov, in a Treaty made by the Governor of New-hi with you, at the fame Place, in the Year 1687, ar, you exprefs yourfelves in thefe Words, " Brethra " you tell us the King of England is a very gra " Kirrg, and why fliould not you join with us id *' very juft Caufe, when the French ]c>\i\ with 01 *' Enemies in sn unjufl: Caufe ? O Brethren, w ♦< fee fhe Resrfcn d>: t-i^; foi* tft • The JfloriOUfabk the Commi/Tioners of rirginii, II The beputicB of the iSi*- j?Vi7//^«/. ' Ctfnrai J^eifer, Interpreter. ' i, . ■ m' .Gac^yftdo^Wi ^tf^i^f^/^r f/f> as may b^ known from the I .cllffercnt Colours of our Skin, and of our f Icfh, M and If ir< m ''Ill i |:l '^ III 1,1,.; 1 .• II,, !■■■ ■ '• 1 I"' U ft' P ( 86 ) and that which you call Juflice may not be fo amongfl us j you have your Laws and Cullonis, and fo have we. The Great King mieht fend yc u over to conquer the Indians^ but it looks to us that God did not approve of it ; if he had, he would not have placed the Sea where it is, as the Limits between us and you." \ ,\ .,,-;-> •{ • ^i. Brother Afl'aragoa, i/. n Tho' great Things are well remembered among us, yet wc don't remember that we were ever con- quered by the Great King, or that we have been tmployed by that Great King to conquer others; if it was fo, it is beyond our Memorv. We do remember we were employed by Maryland to con- quer the ConeftogoeSy and that the fecond Time we were at War with them, we carried them all off.' Brother Aflaragoa, (5 You charge us with not adling agreeable to our Peace with the Catawbas^ we will repeat to you truly what was done. TJie Governor of NeiiJ- York at Albany^ in Behalf of AJfaragoa^ gave us fe- veral Belts of Wampum from the Cherikees and Catawbas, and we agreed to a Peace, if thofe Na- tions would fend fome of their great Men to us to confirm it Face to FaCe, and that they would trade with us ', and defired that they would appoint a Time to meet at Albany for that Purpofe, but they never came.* * Brother Aflaragoa^ j ' '' "''-'-'' We then defired a Letter might be fen t to the Catawbas and ChmkeeS', to »i Gre them to come and confirm the Peace. It was long before an Anlwei lay not ha fo and Cuftonis, night fend yc i, 3oks to us that adj he would as the Limits ibcrcd amon» /ere ever con- we h^ave been iqucr others ; orv. We do ry/amJ to con- >nd Time we :hem all off.' eeable to our peat to you lor of Netv- gave usfe- ^'hertkees and if thofe Na- t^ en to us to would trade Id appoint a >fe, but they ' Tent to the ^m to come ig before an Aniwei ( 87 ) I Anfwcr came ; but wc met the Chirikeesj^ and con- firmed the Peace, and fcnt fome of our People to take care of them, until they returned to their own Country. The Catawbas rcfufed to come, and fcnt us Word, That we were but Women, that they were Men, and double Men ; that they could makcWo- men of us, and would be alv7ays at War with us. They are a deceitful People. Our Brother JJJa- 7ogoa is deceived by them ; we don't blame him ior it, but are forry he is fo deceived. ' * Brother AfTaragoa, We have conflrmed-the Peace with the CherikeeSy but not with the Catawbas. They have been trea- cherous, and know it; (o that the War muft con- tinue till one of us is deftroyed. This we think proper to tell you, that you may not be troubled at what we do to the Catawbas,' ' i5r^//;^* AfTaragoa, ; ;/Jr- /;. ,, We will now fpeak to the Point between U9. Vou fay you will agree with us as to the Road ; we defire that may be the Road which was lad made (the Waggon-Road). It is always a Cuf- tom among Brethren or Strangers to ufc each other kindly ; you have fome very ill natured People living up there ; fo that we dcfirc the Perfons in Power may know that we are to have reafonablc Victuals when we are in want. You know very well, when the white People came firtt here they were poor; but now they have got our Lands, and are by them become rich, and we are nov/ po^.r ; what little we have had for the Land goes ( oon :iway, but the Land ]:.il3 for ever. You toid us ^'ou hud brouo;hr. with ' you 't •:■».' it ■ * ,r:1 ■"^^ IMAGE EVALUATION TEST TARGET (MT-S) /. :/- :a ^ 1.0 I.I |iO "^^ H^H ■" Ui 12.2 2.0 IL25 imu I 1.6 Photogr^hic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. I4SS0 (716) 873-4503 :17 V iV :\ \ o"^ ■^ 4^ o"^ i s , t 11 1 i i ^ J| ( 88 ) vou a Chef!" of Goods, and that you tiAve tlie Key in your Pockets j but we hive never feen the Cheft, nor the Goods that arc faid to be in it; it may be fmall, and the Goods few; we want to fee them, and are defirous to come to feme Conclufion. We have been fleeping here thefe ten Days paft, and have not done any thing to the Purpofe.* The Commiflioners told iliem they (hould fee the Goods on Monday, •In thcCot;Rt-Hbt;sE ^t Lanccfjier^ June o^o, 'present, l^he Honourable GEORGE THOM/IS, Kfq; Governor, t^c, Tiie Honourable Comniiflioner of Virginia. The Honourable theCommiflioners of Maryland, The Deputies of the Six Nations* O.nrad IVeifery Interpreter. TH E three Governments entertained the In- d'tans^ and all the Gentlemen in l^own, with a handfome Dinner. The Six Nations^ in their Order, having returned Thanks with the ufual So- lemnity of To-ha-han^ the Interpreter informed the Governor and the CommiiTioners, that as the Lord Proprietor and Governor of Maryland was not known to the Indians by any particular Name, they had agreed, in Council, to take ihe firft Op- portunity of a large Company to prefcnt him with onci f- m t you tidve (I)e e never fcQii the faid to be in I few ; we want come to fome g here thefe ten \y thing to the they fhould fee fiery June 30, VM/fS, Kfq; Virginia, \ of Maryland, taincd the/«- 1 Town, with tiousy in their \ the ufual So- r informed the at as the Lord land was not icular Name, ihe firft Op- bnt him with onci i'i i ( 89 ) one ^ aiid as this with them is deemed a Mian«r {5f great Goofequencc^ and atteiklcd' with Abutuknce of Form, the feveral Nations had dr*wn Lots for the Perforihanoc of the Ceremony, and the I^ot falling on the Qa^6go Nation, they had cholen GachradDdow, one of their Chiefey to be rhcir Spealoer, and he defired Leave to begitt^ ^ which being given, he, on an elevated Paft of the€o\>rt- Houfe, with- sdl the Dignity of a Watviof,^ the GeftuTc of ait Orator, and in a v^ty grateful Pof^ tuic, faid, That, " As the Governor of Maryland had invited '* them here: to treat about tl^ir Landsy and *•• br'^hten the Chain of Fricndfhip, the Vnlud " Nations thought themfelves fo much obliged to " them, that they had come to a Refolution in ** Council to jive to the great Man, who is a *' Proprietor of Maryland^ a particular Name, by .♦' which they might hereafter coi^refpond with V h\mi and as h had falfeato the CayogoeP Lot .** iiv.GoijpiiG^l to confid^r of a |lroper Name for *< th's^t chief Many chey had agfeed to giye feim •^ the Nairtc' 'of Ttcafryhogan^ deiWttng Pfiictf- ** dewey,' Excallency,: 0¥ li^i^rtg iA %l^t m4dd1* dr •*^ honourable Plsrcc l)CtM^t ApitifgM aftd t?hefr .** Brother Ohas^hy ^hoirt Iheir TFe« f ; ■ J • •J /' '»/- At < J the Name wc )y a Jong and and Commif. t, returned the nd, after drinlc- ; and the Six land proceeded tfnber with the iterpreter, was oners ordered t a Deed, re- certain Lands vhich by thein d for the Ufc )r]d Proprietary tble, and Seals ter acquainted gave the Deed ade his Mark, after which, the Six Na* I in the Pre- oners of Vir* that Colony, »d Maryland, ( 9» ) .V i " ■ ^ At the Houfe of Mr. George Sanderfon in LancaJleTy July 2 y 174-4, A.M. PRESENT, The Honourable the Commiflioners oi Maryland. The Deputies of the Six Nations. "'' '" ' ' ' Conrad IVeifery Interpreter. TH E feveral Chiefs of the Indians of the Six Nationsj who had not figned the Deed of Releafe of their Claim to fome Lands in Mary- landy tendered to them on Saturday lafl, in the Chamber of the Court-Houfe in this Town, did How readily execute the fame, and caufed Mr. sfFeifir likewife to fign it, as well with his Indian^ as with his own proper Nanisof ^^r, as a Wit* nefs and Interpreter, ■4 .;' ■•» 41M *yi' ^^> ' "Ji *• L/i .-. i*,r'U • t In At J^ ( 92) Si- Ml I I' i.i .l* ilHi In the CouRT-HotfSB at L^ncafier^ July 2, PRESENT, Tiie Honourable GEORGE THOMAS, E% i Governor, ^^r The Honourable the Commiflioners of Vrrginia, The Honourable th« Conimiinoners 0^ Maryl(uuL 'J'hc I^cputics of the Six Nations^ Conrad IVeifevy IiHdrpretcr. ' " CANASSATEEGO fpoke as follows : • Brother Onas, ■>■ <-t r ^ THE other Day you was pleafed to teltttf. you were always coitcernej whenever an) T^hing happened tliat might give you or us Un- eafind's, and that we were mutuaHy engaged u preferve the Road open and clear between us; and you informed us of the Murder of John Am.- Jhong, and his two Men, by fome of the Dik- ware Indians, and of their dealing his Goods to x confiderable Value. The Delaware Indians, as you fuppofe, are under our Power. We join with you in your Concern for fuch a vile Proceed- ing ; and, to teftify that we have the fame Incli- nations with you to keep the Road clear, free and open, we give you this String of Wampum. JVhich was received with the ufual Ceremon)', « Brothf oafier, July 2, a-s of Firginia, rs of Mary/ml, as follows : '1 1,> r :t lafed to tcJIuf, whenever an) yoix or us Un fly engaged tc r between us; ' of John An.' e of the Dek his Goods to I re Indians .^ a? er. We join a vile Proceed- :he fame Incl!- clear, free and ampum. fual Ceremony, Broth ( 93 ) I < Brother OnM, . .. * ^ Thcfe Things happen frequently, and wc dcfirc you will confider them well, and not be too much concerned. Three hidians have been killed at '^iJiffcrcnt Times at Ohioy and wc never mentioned iny of them to you, imagining it might have Aeen occafioned by fome unfortunate Quarrels ; |jind being unwilling to create a Difturbance, we Itherefbre deflre you will conlidcr thcfe Things well ; and, to take the Grief from your Heart, we give you this String of Wampum. r/hkh was received with the ufual Ceremonies, : . .... . • ■ \. ■ I * Brother OmSy ■ « We have heard of the Murder of John jfrrrt" firong \ and, in our Journey .here, we had Con- >ference with our Coufins the Delawares about it, and reproved them feverely 'for it, and charged them to go down to our Brother Onas^ and make ^him Sarisfa6tion, both for the :Men that werp Pkilled, and for the tjoods. We undcrflood, by "them, that the principal Adtor in th^fe Murders is in your Prifan, and that he hgd done all the Mif- chief himfelf ; but that befidcs him, you had re- quired and demanded two others who were in his Company when the Murders were committed. We promife farthfully, in out Return, to renew J our Reproofs, and to Charge the Delawares to fend » down fome of their Chiefs with thefe two young ■ Men (but not as Prifoners) to be examined by you ; and, as we think, upon Examination, you will not find them guilty, we rely on your JufUce not to do them any Harm, but to permit them to return Home in Safety, We ' fi •;i^ I i' i .; li *■>< ii \> k n t .1 w (94 ) Wc likewifc underfland, that Search has bcci made for the Goods belonging to the Deceafed, and that fome have been already returned to your People, but that fome are ftill miifing. You may depend upon our giving the ftridleft Charge to the r>elaivares to fearch again with more Diligence for the Goods, and to return them, or the Value of them, in Skins. And, to confirm what wc have faid, Wc give you this String of Wampum. JVhkh ivas received with the ufual Ceremonicu « Brother Onas, The Conoy Indians have informed us, that tliey fent you a MefTage, fome Time ago, to advife you, that they were ill ufed by the white People in the Place where they *^ad lived, and that they had come to a Refolut' { removing to Shamokiny and requefted fome fm-.i Satisfadlion for their Land ; and as they never have received any Anfwer from you, they have defired us to fpeak for them ; we heartily recommend their Cafe to your Generofity. And, to give Weight to your Recommendation, wc prefent you with this String of Wampum.* Which was received with the ufual Ceremonj, 77?e Governor having conferred a little Time wi$h the honourable Commijftoners of Virginia and Mary- land, made the following Reply: I • , * * ' •Brethren, I am glad to find that you agree with me In the Neccflity of keeping the Rr d between us clear and open, and the Concern you have exprcffed on account of the barbarous Murders mentioned to you, is a Proof of your Brotherly AfFccSlion for us. If Crimes irch has bcci Deceafed, and rned to your ig. You may Charge to the : Diligence for the Value of what wc have npum. ual Ceremonieu us, that they to advife you, People in the that they had Shamokiny and their Land ; Anfwer from r them; we r Generofity. mmendatloii) ampum.' ml Ceremonj, "ime wl$h the and Mary- th me in the :en us clear lexprcfled on loned to you, for us. If Crimes ^( (.95 ) Crimes of this Nature be not {lri<£kly enquired into, and th: Criminals fcvercly puniihed, there will be an En J of all Commerce between us and the /W/- tf«j, and then you will be altogether in the Power of the French, They will iet what Price they pleafc on their own Goods, and give you what they think fit for your Skins ; (o it is for your own Intercft that our Traders fliould be fafc in their 'erfons and Goods, when they travel to your owns< * Brethrek, .. I I confidered this Matter well before I came from Philadelphia^ and I advifed with the Council there pon it, as I have done here with the honourable e Commiflioners of Virginia and Maryland, I vcr heard before of the Murder of the three /«- xans at Ohio ; had Complaint been made to me of , and it had appeared to have been committed by imy of the People under my Government, they " ould have been put to Death, as two of them were, Tome Years ago, for killing two Indians* You are pt to take your own Satisfadlion, but to apply to jne, and I will fee that Juflice be done you ; and Ihould any of the Indians rob or murder any of our People, I do expedt that you will deliver ihem up, to be tried and punifhed in the fame Man- ner as white People are. This is the Way to pre- jfcrve Friendfhip between us, and will be for your Benefit as well as ours. I am well pleafed with ig^e Steps you have already taken, and the Reproofs you have given to your Coufins the Dslawares ; and |lo expeft you will lay your Commands upon fomc of their Chiefs to bring down the two young Men tat were prefent at the Murders ; if they are not ought down, I (hall look upon it as a Proof of f|heir Guilt. If, m M ■'■-m i "''It >• \* ! I ( 96 ) If, ufH>n Kxaniination, they iliall be found not to have been concerned in the bloody Adiion, tlicv (hall be wull ufed, and fient Home in Safety : I wiil take it upon inyfeJf to fee that they have no In- juftice done them. An Inventory is taken of the Goods already feftored, and I expe£t Satisfadlion wiil be made Cur fuch as cannot be found, in Skins, according to Promife. I well remember the comit>g down of one of the Cenoy Indians with a Paper, fetting forth, That tin Conoys had come to a Refolution to leave the Lain! referv'ed for them by the Proprietors, but he made no Complaint to me of ill Ufage from the white People. 7*he Re^fon ,hc gave for their Removal was, That the fettling of the white People allround them had mad^e Qeer fcacce, and that therefoite thev chofe to remove to Jutj'wta for the "fienefit of Hunting. I ordered what they faid to ^e entered in the Council-Book. The old Man's Expences were borne, 41^ a Blanket given him at his Return Hqme. I have.tipt yet heard: from the Proprietors on this Head; but j^ou jnay be afTured, 'from the Favour and Jufticc they have always ihewn to*the Iffdiansythat they ^i' ill do every Thing that inay be re^oiiably expe^ed of them in this Cafe.' % i '*f ' .' ■'' ' > In !l!-i I.! H i ; f . H t * / V , , J • j.'i. 1 . ■;-. ,i r';/i -^--- i-' -^ ^ v-'^' -^ ^}.'-i- • > • • w." ' < • be found im,[ Action, they latety : i will r have no In- taken of the i Satisfa^lion ind, in SkinS) of one of the rth, That tin eave the Land but he made )m the white heir Removal cople allround therefore they lie "Benefit of to^e entered in'8 Expences at his Return Proprietors red, 'from th« ihewn to 'the Ig that fway be afe.' .I-'- '' 5 .. i 1 '. ci. J i ' . . - • Li - ^ I ^ . .. u ■ -J- ,:. . w. -1- ( 97 ) n theCouRT-HousE Chamber at Lincafter^ July z, 1744, P. M. PRESENT, The Honourable the Commiilioners of Virginia, The Deputies of the Six Nations, Conrad IVeifer^ Interpreter. ^be Indians being told^ by the Interpreter^ that their Brother Aflaragoa was going to /peak to thcfn, the Commijftoners /poke as follows : \Sachims and IVarriors, our Friends and Brethren^ S we have already faid enough to you on . _ the Subject of the Title to the Liinds you laim from Virginia^ we have no Occasion to fay ly Thing more to you on that Head, but come |ire6lly to the Point. We have opened the Cheft, and the Goods ara low here befoie you ; they coft Two Hundred rounds Penfyhania Money, and were boiiglit hv 1 Perfon recommended to us by the Governor ot \enfylvania with ready Ca(h. We ordered them' be good in their Kinds, and wc believe they are . Thefe Goods, and Two Hundred Pounds in [old, which lie on the Table, we will give you, tir Brethren of the Six Nations^ upon Condition Kit you immediately make a Deed, rccogni/.ni^ the ' King's Right to all the Lands that arc, oi fhaU be, U' his Majefty*s Appointment, in the CoJoD\ of [nginia. As to the Road, we agree you (hall Ikuc one» id the Regulation is in Paper, which the Inwr^ rcter now has in his Cuftody to fhew you. i lit Vol. II. F Tccn ic -*;', ^ 1 ''*d !:ii iii I: :i! ( 98 ) People of Virginia fliall perform their Part, h you and your Indians perform theirs; we arc your Brethren, and will do no Hardfnips to you, but, on the contrary, all the Kindnefs ud can. The Indians agreed to what was faid, and G. vajfateego dcfired they would reprefcnt their Cafe to the King, in order to have a further Confidera- tion when the Settlement increafed much further back. To which the Commiflioners agreed, and promifcd they would make fuch a Reprcfentation faithfully and honeftly ; and, for their further Se- curity that they would do fo, they would give them a Writing, under their Hands and Seals, to thi: Purpofe. They dcfired that fome Rum might be glvcr, themto drink on their Way Home, which the Com miilioners agreed to, and paid them in Gold for- that Purpofe, and the Carriage of their Goods froraj PhiUdelph'tay Nine Pounds, Thirteen Shillings, an^ Three-pence, Penfyhania Money. Canajjhtcego further faid. That as their Brothe:[ locarry hogan fent them Provifion on the Roai here, which kept them from ftarving, he hopci their Brother AJfaragoa would do the fame for them back, and have the Goods he gave them carried to the ufual Place; which the Commiflioners agreeJ to, and ordered Provifions and Carriages to be pro- vided accordingly. After this Conference the Deed was produced, and the Interpreter explained it to them ; and they, according to their Rank and Quality, put the;: Marks and Seals to it, in the Prefence of feverai Gentlemen of MaryluJid^ Penfyhania and Virgink\ and when they delivered the Deed, Canajjateego de- livered it for the Ufc of their Father, the Great King, and hoped he would confider them; on whin ■«v ( 99 ) which the Gentlemen and Indiam then prcfcnt give three Shout*. *} 4 [In the CouRT-HousE at Lancafter^ I'uefday^ July 3, i744> A. M, ,,, '; 'I ■ 1 PRESENT, [The Honourable GEORGE THOMAS, Efq; Governor, ^c, [The Honourable the CommifTioners of Virgwia. 'he Honv. arable the CommifTioners of Maiylafui, [The Deputies of the 5/^ Nations, lonradJVeiferylnitY^xtitY, ' 'Si'.' The Governor fpoke as follows : Friends and Brethren of the Six Nations, T a Treaty, held with many of the Chicfd of your Nations Two Years ago, the Road )etween us was made clearer and widrr ; our Fire 'as enlarged, and our Friendftiip confirmed by an Exchange of Prefents, and many other mutual good Offices. We think ourfelves happy in having been inflru- lental to your meeting with our Brethren of Vir- nnia and Maryland ; and we perfwade ourfelves, Jthat you, on your Parts, will always remember ic IS an Inftance of our Good-will and Affcdlion for i'ou. This has given us an Opportunity of feeing F 2 yoa i ¥ ■ • if 'J ■ til it. 'Il m imkii mk m wi ,^ tji ( loo ) you fooncr than perhaps wc fhould othcrwifc havi iloiic ; and, as wc arc under mutual Obligations In Treaties, wc to hear with our Ears for you, an- you to hear with your Ears for us, wc take ih Opportunity to inform you of what very near!;! concerns us both. ' '1 he Great King cf England and the />Y>iiJ King have declared War againft each other. 7> Battles have been fought, one by Land, and tk other by Sea. The Great King ff/' England com manded the Land-Army in Perfon, and gaincdi complcat Victory. Numbers of the French wci* killed and taken Frifoners, and the reft were force to pafs a River with Precipitation to fave their Live: The Great God covered the King's Head in ili Battle, fo that he did not receive the leaft Hurt for which you, as well as we, have Reafon to very thankful. The Engagement at Sea was likcwife ro the A vantage of the EngUJh, The French 2i\\{\ Spaniah joined their Ships together, and came out tofigt:| us. The brave EngU/h Admiral burnt one of tli{*^^ largeft Ships, and many others were fo (hattcm that they were glad to take the Opportunity d very high Wind, and a dark Night, to run awai and to hide themfclvcs again in their own Hak bours. Had the Weather proved fair, he wouD in all Probability, ha\c taken or dcflroved thcr all. I need not put you in mind how much JFilh Perm and his Sons have been your Friends, andili. Friends of all the Indians. You have long ni^ often experienced their Friendfhip for you ; u' need I repeat to you how kindly you were trcatcc and what valuable Prefents were made to you tw( Years ago by the Governor, the Council, and tli; Aflembly ui PcnJ]lva?ua. The Sons of Will^^'i pcnn are all now in Englamly and have left me i* they s, wc take ihf ( '01 ) Ihcir Place, well knowing how much I regard you irid all the Indians. As a frefh Proof of this, I jave left my Houfc, and am come thus far to fee rou, to renew our Treaties, to brighten the Covc- lant-Chain, and to confirm our Priendfhip with [you. In Tellimony whereof, I prefcnt you witli Ithis Belt of Wampum. IVhicb was received ivith the Yo-hah. As your Nations have engaged themfclves by iTrcaty to aflift us your Brethren of Penfylvaniay |in cafe of a War with the French^ w« do not doubt but you will punctually perform an Engagement Jfo folcmnly entered into, A War is now dc- (clared, and we expe • r/* • tfi' M*' vP 'fn ^m^. '■/' *<1 V I 11 ' V 'I' J- : 1 v., ;i i." 1' '! ■1 V j ^ . ''1 ( 102 ) but With the World itfclf. And, in Behalf of the Province of Penfylvania^ I do, by this fine Belt of Wampum, and a Prcfent of Goods, to the Valim of lliree Hundred Pounds, confirm and cilahliflj the faid Treaties of Peace, Union and Friendfhip, you on your Parts doing the fame.* lFl?ich was received with a loud Yo-hah. The Governor further added, * The Goods boucht with the One Hundred Pounds Sterling, put into iny Hands by the Governor of Virginia^ are ready to be delivered when you pleafe. The Goods bought and fent up by the People of the Province of Penfylvaniay according to the Lifl which the In- tcrpreter will explain, are laid by themfelves, and are likewife ready to be delivered to you at youi own Time.' ^ftcr a little Faufe the Commijftoners of Virginia] /poke as follows: * Sachims and JVarriors of the Six Nations, The Way between us being made fmooth by; vfhM pafTcd Yeflerday, we defire now to confirm' all former Treaties made between Virginia and you, our Brethren of the Six Nations^ and to make our Chain of Union and Friendfhip as bright as the Sun, that it may not contradl any more Rufl for ' ever; that our Childrens Children may rejoice at, ' and confirm what we have done ; and that you and your Children may not forget it, we give you One Hundred Pounds in Gold, and this Belt of Wam- pum.' : M ) JiO^icb was received with thufual Cercmonj. 'i * Friffids ( «oj ) 1 Behalf of the (lis fine Belt of . to the Valu; 1 and eflablillj nd Fnendfhip, ff toud Yo-hah. '■ Goods bought •ling, put into f/W<7, arc ready ^ The Goods I if the Province! which the In. | lemfelves, and to you at you] I V cf Virginia X Nationj, le fmooth by >w to confirm' ginia and you, to make our 3right as the nore Ruft for lay rejoice at, 1 that yoM and ;ive you One elt of Warn- Cual Ceremon'j, * Friendi * Fritnds and BretbrcUy Altlio' we have been dlfappolntcd in our KnJca- vours to bring about a Peace between you and the Catawbasy yet we dcfirc to fpcak to you fonic- thing more about them. We believe they have been unfaithful to you, and fpoke of you with a foolifli Contempt ; but this may be only the Raih- nefs of fome of their youni; Men. In this I'iinc of War with our common Enemies the Frtfuh and Spaniards^ it will be the wiftft Way to be at Peace among ourfelves* They, the Catawbasy aie allu Children of the Great King, and therefore we defire you will agree, that we may endeavour to make a Peace between you and them. That we may be all united by one common Chain of Fricndihip, we give you this String of Wampum. JFhich was received with the ujual Ctremony. 'Brethren, Our Friend Conrad IVeifety when he is old, will go into the other World, as our Fathers have done, our Children will then want fuch a Friend to go be- tween them and your Children, to reconcile any Differences that may happen to arife between them, that, like him, may have the Ears and Tongues of our Children and yours. The Way to have fuch a Friend, is for you to fend three or four of your Boys to Virginia^ where we have a fine Houfe for them to live in, and a Man on purpofe to teach the Children of you, our Friends, the Religion, Language and Cuftoms of the white People. To this Place we kindly invite you to fend fome of your Children ; and we pro- mjfe you they fhall have the fame Care taken of them, and be inftrudlcd in the fame Manner as our F 4 own A''; 4 b" if I f 3 A A .., V .' ■\ )\ ■':l! r' m ( 104 ) own Children* and be returned to you again whci vou pleafe ; and, to confirm this, we give you thu String of Wampum.* IVJjich was received with the ufual Cereimny Then the Comrwjftoners £/* Maryland /poke as follows * Friends and Brethren^ the Chiefs or Sachims of the Six United Nations hither, with ^■\f The Governor of Maryland invited y( we have treated you as Friends, and agt you as Brethren. As the Treaty now made concerning the Irands in Maryland will, we hope, prevent efFeSually every future Mifunderftanding between us on that Ac- count, we Will now bind fafter the Link of our Chain of Friendfhip, by a Renewal of all our for- mer Treaties ; and that they may flill be the better 'cuied, we (hall prefent you with One Hundred Pounds in Gold. What we have further to fay to you is, Let not our Chain contradl any Ruft ; whenever you per- ceive the leafl Speck, tell us of it, and we will make it clean. This wc alfo expedl of you, that it may always continue fo bright as our Genera- tions may fee their Faces in it ; and, in Pledge of the Truth of what we have now fpoken, and our Affciflion to you, we give you this Belt of Wam- pum.* TJ'lnch ivas received with the ufual Cere?notiy, CANJSSATEEGO, in Retttrn, fpoJte asfolloim: ' Brother Onas, Afliiragoa, and Tocarry-hogan, We return you Thanks for your feveral Speeclics, which are very agreeable to us. They contain Matters ( 105 ) Matters of fuch great Moment, that we propofc to give them a very ferious Confidcration, and to an- iwer them fuitabJy to their Worth and Excellence i and this will take till To-morrow Morning, and when we are ready we will give you due No- tice. You tell us you beat the French', iffo, you muft have taken a great deal of Rum from them, and can the better fpare us fome of that Liquor, to make us rejoice with you in the Vidlory/ The Governor and Commifiioners ordered a Dram of Rum to be given to each in a (mall Glafs, calling it, A French Glafs, In the CouRT-HousB at Lancajlery July 4, 1 7i|.4, A. M. PRESENT, [tIic Honourable GEORGE THOMAS, Efq^ Governor, b'r. The Honourable the Commiflioners of Ftrgima. [The Honourable the Commiflioners of Maryland. The Deputies of the Six Nations. y^anrad IVeifer^ Interpreter, CAN AS S ATE EGO Speaker. * Brother Onas, [VT" ^.^ "^.E R I^ A Y you exprefTed your Satisfac- ' A tion in having been inftrumental to our meet- jin^ with our Brethren of Virginia and Maryland, ^ 5 we. '4 i •ft' f ii Zi !"i wc give you this Belt of Wam- pum.' Witch was received with Yo-hah from the Interpreter y and all the Nations. * Brother Aflaragoa, You did let us know Yeftcrday, that the* you had been difappointed in your Endeavours to bring about a Peace between us and the Catawhas^ yet you would dill do the befl to bring fuch a 7'hing about. We arc well pleafed with your Defign, and the hiore fo, as we hear you know what Sort of People the Catawbas are, that they are fpiteful and offenfive, and have treated us contemptuouHy. We are glad you know thefe Things of the Ca- lawbas ; we believe what you fay to be true, that there are, notwithftanding, fome amongft them who are wifer and better ; and, as you fay they are your Brethren, and belong to the Great King over the Water, we fhall not be againft a Peace on reafonable Terms, provided they will come to the Northward to treat about it. In Confirma- tion of what we fay, and to encourage you in your Undertaking, we give you this String of Wampum.* Which was received with the ufual Ceremonies. Brother Aflaragoa, ' ;j You told us likewife, you had a great Houfe provided for the Education of Youth, and that there were feveral white People and Indians Chil- dren there to learn Languages, and to write and read, and invited us to fend Tome of our Children amongft you, i^c» ■ - - U u Bl ' I:' I n itt'Tl Wc R W P^'i I i il'.rii!''- We muft let you know wc love our Children too well to fend them fo great a Way, and the Indians are not inclined to give their Children Learning. We allow it to be ^j^Tod; and~WB ihlTiT you for your Invitation ; but our Cuftoms differ- ing from yours, you will hr 'o good as to cx- cufe us. We hope * Tarachawagon will be preferved by the good Spirit to a good old Age ; when he is gone under Ground, it will be then Time enough to look out for another ; and no doubt but amongli fo many Thoufands as there are in the World, one fuch Man may be found, who will ferve both Par- ties with the fame Fidelity as Tarachawagon does j while he lives there is no Room to complain. In Token of our Thankfulnefs for your Invitation, we give you this String of Wampum. Which was received with the ufual Ceremony, Brother Tocarry-hogan, You told us Yefterday, that fince there was now nothing in Controverfy between us, and the Af- fair of the Land was (ettled to your SatisfaiStion, ^| you would now brighten the Chain of Friendfhip, which hath fubfifled between you and us ever iince we became Brethren j we are well pleafed with the Proportion, and we thank you for it ; we allb are inclined to renew all Treaties, and keep a good Correfpondence with you. You told us further, if ever we fhould perceive the Chain had con- tradled any Rufl, to let you know, and you would take Care to take the Ruft out, and preferve it bright. We agree with you in this, and (hall, on our Parts, do ever/ Thing to preferve a good Un- derfl^anding, and to live in the fame Frlendlhip with you as with our Brother Onas and /Ijjurugon \ in * Taracbavjogorif Conrad Weij er^ our Children Vay, and the icir Children anchvv^ ih TTiT" iftoms differ. )d as to ex- preferved by ; when he is Time enough It but amongll e World, one :rve both Par- awagon does ; omplain. In ur Invitation, • lal Ceremony, lere was now and ihe Af- SatisfatStion, f Friendfhip, us ever flnce pleafed with r it j we allb keep a good d us further, nin had con- d you would preferve it ind fhall, on a good Un- le Friendlhip id .'^jjuragoa\ | in C III ) in Confrrmation whereof, we give you this Belt of Wampum. On which the ufual Cry of Yo-hah was given 9 * Brethren', We have now finifiied our Anfwer to what you f.iid to us Ycfterday, and (hall now proceed to Indian Affairs, that are not of fo general a Con- cern. * Brother Aflaragoa, There lives a Nation of Indians on the other Side of your Country, the Tufcaroraes^ who are our Friends, and with whom we hold Corre- fpondence ; but the Road between us and them has been (lopped for fome Time, on account of the Mifbehaviour of fome of our Wat-iors. We have opened a new Road for our Warriors, and they fhall keep to that ; but as that would be in- convenient for Meflengers going to the Tufcaroracs^ we defire they may go the old Road. We fre- quently fend MefTengers to one another, and (hall have more Occafion to do fo now that we have concluded a Peace with the Cherikees. To enforce our Requeft, we give you this String of Wam- pi^m. JVhich was received with the ufual Cry of Approbation. * Brother AfTaragoa, Among thefe Tufcaroraes there live a few Fami- lies of the Conoy Indians^ who are defirous to leave them, and to remove to the reft of their Nation . - among « ij (■ ,. I t *■ Vii-.tl m t'l " I'!. 'lib H' ml m^f • ^n' In i^V 1 Hiii DjSi ii i'!;'; i 1 m\ '*^"M li» *?. ( n« ) among u^, and the flrait Road from them to ui lies through the Middle of your Country. Wc dcfirc you will give them free Paflage through Vir- ginia^ and furnifh them with PafTes ; and, to en- force our Rcqueft, wc give you this String of Wampum. fp^ich was received with the ufual Cry if jipprobation. * Brother OnsiSi AfTaragoa, <7w^Tocarry-hogan, At the Clofc of your refpc^live Speeches Ycf- cerday> you made us very handfome Prefents, and wc fnould return you fomething fuitable to your Generofity ; but, alas ! we are poor, and (hall ever remain fo, as long as there are fo many In* dian Traders among us. Theirs and the white Peoples Cattle have eat up all the Grafs, and and ma^e Deer fcarce. However, we have pro- vided a fmall Prefent for you ; and though fome of you gave us more than others, yet, as you are all equally our Brethren, we (hall leave it to you to divide it as you pleafe. — And then prefented three Bundles of Skins, which were received with the ufual Ceremony from the three Governments. We have one Thing further to fay, and that is. We heartily recommend Union and a good Agree- ment between you our Brethren. Never difagree, but preferve a (tri£l Friend(hip for one another, and thfrtby you, as well as we, will become the flronger. Our wife Forefathers e(labli(hed Union and Amity between the Five Natiom ; this has made us formidable ; this has given us great Weight and Authority with our neiijiibouring Nations. We are a powerful Confederacy; and, by your obferving the fame Methods our wife Forefathers huve >/f ( '«3 ) have taken, you will acquire frefti Strength and I'owcr ; therefore, whatever, bcfals you, never fall out one with another/ The Governor replied, * The honourable Commiflioncrs of Virginia and Maryland have defircd me to fpcalc for them ; therefore I, in Behalf of thofc Governments, as well as of the Province of Pgnfylvaniay rciurn you Thanks for the many Proofs you have given in your Speeches of your Zeal for the Service of your Brethren the EngHJJ)y and in particular, for your having fo early engaged in a Neutrality the fcveral l^ribes of /«- dians in the French Alliance. We do not doubt but you will faithfully difcharge your Promifcs. As to your Prefents, we never eftimate thcfe Things by their real Worth, but by the Difpoft- tion of the (liver. In this Light we accept them with great Pleafure, and put a high Value upon them. We are obliged to you for recommend- ing Peace and good Agreement amongfl ourfelves. We are all SubjecSls, as well as you, of the Great King beyond the Water; and, in Duty to his Majefty, and from the good Affe£lion we bear to each other, as well as from a Regard to our own Interefl, we (hall always be inclined to live in Friendfhip.' Then the Commiflioncrs of Virginia prefented the hundred Pounds in Gold, together with a Pa- per, containing a Promiie to recommend the Six Nations for further Favour to the King ; which they received with To-hah^ and the Paper was given by them to Conrad IVeifer^ to keep for them. The Commiflioners likewife promifed that their publick MefTengers (hould not be molefted in their Paflage through Virginia^ and that they would prepare PafTc* If i i . to V • I <] ; ,1 % ; wn iii'i;;,.' ( 114 ) PafTes for fuch of the Conoy Indians a? were will- ing to remove to the Northward. Then the Commiifioners of Maryland prefented their hundred Pounds in Gold, which was likewifc received with the To-hah. % CANASSATEEGO faid, * We mentioned to you Yefterday the Booty yon had fnken from the French^ and alked you for fome of the Rum which we fuppofed to be Part of it, and you gave us fome ; but it turned out unfortunately that you gave it in /r^w^ Glafles, we nowdefiiei you will give us fome in Englijh GlafTes.' ■| >•■ I 1: The Governor made Anfwer, ? * We are glad to hear you have fuch a Difllkel for what is French, They cheat you in your GlalTesH as well as in every Thing elfe. You muft confider] We are at a Diftance from Williamjhurg^ Annapoiul and Philadelphia^ where our Rum Stores are ; an^ that although we brought up a good Quanti' ty with us, you have almoft drank it out 5 bi!tt| notwithftanding this, we have enough left to fill our Englijh GlafTes, and will (hew the Difference between the Narrownefs of the French, and the 1 Generofity of your Brethren the Englijh towards^ you.* The Indians gave, in their Order, five Yo'hds\g and the honourable Governor and CommiflionersI calling for (bme Rum, and fome middle-lized | Wine-GlafTes, drank Health to the Great Kin^ij England, and the Six Nations, and put an End to the Treaty by three loud Huzza's, in which all the | Company Joined. In the Evening, the Governor went to take his| Leave of the Indians^ and, prefcnting them withal String as were will- ( "5 ) String of Wampum, he told them, that was in re- turn for one he had received of them, with a Mef« fage to defire the Governor of P'irginia to fuffer their Warriors to go through Virginia unmolefted, which was rendered unncceflary by the prefent Treaty. Then, prefenting them with another String of Wampum, he told them, that was in return for theirs, praying him, that as they had taken away one Part of Conrad Weifer*s Beard, which frighten- ed their Children, he would pleafe to take away the other, which he had ordered to be done. The Indians received thefe two Strings of Wain* pum with the ujual Yo-hah. The Governor then afked them what was the Reafon that more of the Shavjanaes^ from their Town on Hchio, were not at the Treaty ? But fee- ing that it would require a Council in Form, and perhaps another Day to give an Anfwer, he defired they would give an Anfwer to Conrad PVeifer upon the Road on their Return Home i for he was to fet eut for Philadelphia the next Morning. ' CANASSATEEGO in Conclufm /poke as foU lows : * We have been hindered, by a great deal of Bu- finefs, from waiting on you, to have fome private Converfation with you ; chiefly to enquire after the Healths of Onas beyond the Water ; we defire you will tell them, we have a grateful Senfe of all their KindnefTes for the Indiajts, Brother Onas told us, when he went away, he would not ftay long from us ; we think it is a great While, and want to know when we may expedt him ; and defire, when you write, you will recommend us heartily to him/ Which t- .:^^^;!. ■ I •i '^m i ; JH*^''" ( ii6) Which the Governor promifed to do, and then took his Leave of them. The Commiflioners of Virginia gave Canajfateegi r a Scarlet Camblet Coat, and took their Leave of them in Form ; and at the fame Time delivered the ^ Pafles to them, according to their Requeft. The Commiffioners of Maryland prefented Gach- radodow with a broad Gold-laced Hat, and took | their Leave of them in the fame Manner. A true Copyy compared hy Richard Peters, Sea jMLr* "i?* nJMi :' I' (• \\ A TREATY 'W.i r'^ md then took re Canajfateegt leir Leave of I delivered the queft. :efented Gad- iat, and took inner. mpand hy ?£T£RS| Sccr. j^eiWfee4W3Cs»%«8Cft^^ TREATY BETWEEN HIS EXCELLENCY The Honourable George Clinton, Captain-General and Governor in Chief of the Province of New-Torky and the Territories thereon depending in America, Vice- Admiral of the feme, and Vice-Admiral of the Red Squadron of His Majefty's Fleet. AND The Six United Indian Nations, and other Indian Nations, depending on the Province o( NEW-TORK. Held at ALB ANT in Augujl and Septem- ber^ 1746. , ;. ft' ■!-• 'lel REATY ^i^esW3«i%«8es*0^es%tse4W3Cs^ ..feSil E ii; I ^ i: M )!P 9 i 5^^^^ ji • ^^^^ T is well kno-yn in the Province of 55( New-York^ that the Six Nations of I )f^ Indians depending on this Province, (called Iroquois by the French) had lately, on feveral Occafions, appear'd diflatisfied and wavering in their Fi- delity to the BritiJ}} Crown. No doubt, this was principally occafionM by the Artifices of the Fremh of Canada^ who had cohftantly EmilTaries amoriff them : But at the fame Time there is Reafon to think, the fufpicious Behaviour of thefe Nations, in Favour of their once inveterate Enemy the French^ could not have arriv'd to the Pitch it did, otherwife than by fome Negleds or Mifcondud of thofe who were entrufted by the Government of New-Tor k with the Management of thn Indian Affairs. His Excellency the Governor of New-Torky ha- ving received his Majcfly's Commands, to engage the Indian Nations depending on his Government, to join in the Expedition then intended againft Canada^ and to make them the ufual Prefents on that Occafion ; and being fenfible of th.e great Ufe thefe Nations might be to the Succefs of this En- terprize, an^ likewife of the Difficulties that pro- bably might attend his Endeavours at this Time, was defirous to have had the Affiftance of as many of the Members of his Majefty's Council as the Circumftances of Affairs would permit; but they all declined to give their Attendance, except Mr. Colden and Mr, Living ft on. His Excellency was therefore obliged to a(S with the fmallcfl Number ^ " of i ( i«9 ) of Members, which, by his Majefty'sCommlflion, can form a Council, viz. Three ; the above two Cjcntlemen and Capt. Rutherford^ who was then at his Poft in Albany, As foon as his Excellency received his Majcfty's Command?, he difpatched from Albany fuch Pcr- fons as, by the beft Information he could receive, had Influence among the Six Nations^ to invite them fcverally to meet him at Albany^ on the 20th of July. His Excellency arriv'd Sit Albany the 21ft of Jufyy where havinfz; heard, that, befidcs the Small-Pox, (w^hich his Excellency never had) many were fick of a contagious malignant Fever, he continued on board the Sloop which carried him up, to confider where to lodge with the leaft' Danger to his Perfon from the Infection of thefe Diftempers ; and the next Morning refolvcd to go into the Fort. He was received at his Landing with the ufual Marks of Refpe6t from the Cor- poration, the independent Companies of regular Troops then in the Place, and the Militia, under a Difcharge of the Cannon of the Fort and Town. In the Afternoon of the fame Day on which his Excellency came on Shore, three Indians, viz. two Onandagos and an Oneydoy brought two French Scalps and prefented to his Excellency : At which Time the Leader of the Party made a formal Speech, to the following Purpofe: ' That having * had repeated Accounts of the Mifchiefs done by * the French, and of the frequent Murders com- * mittcd by them, and that the Mohawks, not- * withftanding their Profeflions of Friendfhip, fuf- * fered this Bloodfhed to remain unrevenged, his * Heart could bear it no longer; he thereupon * refolved to open for his Brethren the Path to ' Revenge : That thefe two Scalps which he now. * prelbnted were taken at Noon-day, in Sight of the '' French Fort at Crown Point' His Excellency told %4 w I'' i ,'' ■ 'b ^^i'SI rt ^M K<1 |1HH:, III lill iiii 1 ■ 1 1 11^ IJ^|| 't' ^' ■ '1' '1 '^llll'i: ,, : ^1 n ' II 1 ' pi m|- Jl ^H Hi li 1 1' Ml'' '' i H P '> 1 W '' f' ^H ; 1 ,ii : '1 If } ' i vw ^'i^ If 1 'li'^ ' I »i ' • f'l 'Ifi 1 II nf W 11 v'\ 'T 1, II ''^1 >:, '1 ' ' 11' ^ :l J' ,. II' ''iPi'^' ''i"' 1 1 ■' if- 'f'l' ' 1 ''' ■ '^ 1 i. 1 H i '1^' ■1 ■ ' I' •' i 1 i 'i 1 1 (f^ ■:'P ^^i ^iV ( 120 ) cold him how well he took this fpccial Mark ot his Fidelity, and aflured him, that he would not only now reward him and his Companions, by particular Prefents, but would always remember this Ad of Fricndfliip. They had already re- ceivcd the Reward given by the A<5t of Aflembly. His Excellency gave each of them four Spmjh Dollars ; to the Leader a fine laced Coat and Hat, and a filver Breail- Plate ; and to each of the others a Stroud Blanket and a lac'd Hat. Thefe Indians told us, that they lay feveral Days among the Bufhes, from whence they could fee every Man that came out of the Fort-Gate. They endeavoured for fomc Time to take a Prifoner, bu: obferving that none went to fuch a Diflance from the Fort that they could hope to carry him olF, they refolved to take the firft Opportunity for a Scalp : Two Soldiers coming out of the Fort, after the Chapel Bell had rung about Noon, one of the Indians^ by their Leader's Order, fired with Swan Shot upon them while they were near to each other. It is a conftant Rule among thefe fculking Parties, never to fire without Orders from their Leader. One of the Frenchmen was killed upon the Spot, the other wounded, and fled immediately towards the Fort Gate. The Mian who had fired, purfu'd, and with his Hatchet brought him down within a hundred Steps of ♦^he Fort Gate; and, though the French in the Fort rufhed out at the Gate, he took his Scalp ofl'; the others had fcalped the Man that was firft killed, and then they all fied. The French in their Hurry had run out without their Arms, and upon recolledting themfelvesj rcturn'd to Arms, which facilitated the Efcape of the hidiam. His Excellency being informed that the Leader of this Party was defirous to be diftinguiftied by his Excellency's giving him a new Name, and that a Name, which, in tlie Language of the Six Naiiom, ( 121 ) ,\^atiom fignificd the Paih-opener^ would be mod icceptable tv. him; his Excellency honoured him rjth that Title; which he accepted very thank- fully, and feem'd exceedingly pleafcd with it : 'hereupon he faid, that the other two Indiansy laving aflbciated with a Mehfikaiidery^ w River hdiarty were refolved to go out againft the Euomy: jut as he thought he might he more ufeful by laying, to aifift at the cnfuing Treaty, he was [cfolved to remain here. He added, that in cafe le Interpreter, and others lent to invite the Six- lotions to meet here, failed in any part, he would |o among the Six Nati/ins^ and doubtal. not to [ring many by his Influence, who otherwise might ly. :•'';;;<: jj..T'a in a Day or two after, fix of fevcn Iridiam, who ad been fent out by the Commiffioners for Int^ak affairs to Crown-Point, to take Prifoners, and ^ain itelligence, returned, and faid. That tliey had )ne to that Place, and that in Sight of it they Ksid parateJ, with Defign thereby to furprixe anjr traggler that might have come out of the Fopt : 'hat while they were thus feparated, two of thiir lumber were fuddenly furrounded and taken by Le Enemy : One of thefe two, after having been gained three or four Days, join'd the others at praghtoga. He faid, that he had been threatened Jith Death by the Adirondacks ; * but that th» jimuagas f intcrpos'd, and by their Interceffion was fet at Liberty ; and fome of the Cahnuagas nx)uaed him through Lac Sacrement. He re- [irted, that there was a great Number of Men; Vol. II. . G Fi^ench A Nation of hdians livinR in Canada, who have always bfen Friends to the French, and formerly were at War witlr tnc vJjttoni, , . * A Number of Indiani originally of the ^iw NatV.nt,' and D4I lers from them, no^v fettled near Montreal, by whom ihe iliiait pde between Albany and Mcntreal was carried on : They arc well taainud with the Country about Many, ' H ; i. fl '> *: ">fl I^i n i I i i I ' ;(i ^ih ii ::!l' «■: !l > ( 122 ) French and Indtansj ^t Cr own- Point, The oth? Prifoncr, an Onondagay confcntcd to remain wiiif the French y and was fent to 6'r7«W.t?. P Soon after this, fixteen Mohawk Indians came:' the Town, who bad been fcnt out from the low> Mohawk Caftle by Mr. Jnhnfon^ to gain Intcll gence near Crown-Pointy and to take Prilbncp. rhey reported that they had difcovered fo great; N4imber of French and Indians at Crown-Pm that they had no Hopes of being able to bring i any PriK)ners, and thought it advifeable to retu:; fpeedily, and inform of the great Danger tlif •thought this Place was in. His Excellency invitti them to go thither again, in order to defcryh Motions of the Enemy : And as a farther £} covragement to them, to either fcalp or tai Prifoners, he offered every Perfon of the fai' f' I: '-r^ ( IH ) callM out JlLrid^ the French Indians wouKl hci, far from hiiitiiig him, that they wouKI immcili.uclj come up to him, and tnkehim hy the Ilaiul. l'"n,ff this, and fcvcral other Incidents, which it woui be tedious to relate, his Kxcellency was convincci ©f fomc fecret Undcrftaiiding between the i'a X. ticm and the Cahnti^gas^ or French Indians : Ari that, however any Party of our Indians might jv induced to fall upon the Ffencb^ they would not;; that Time molefl the French Indians^ nor prcvco; the Mifchiefs which the Inhabitants received froc; their fculking Parties. For this Realbn, his Excellency endeavouralu fend out aeain the Company of Raiipers, wine had formerly been employed againil inc fculkn; Indians : l^ut, as the AlTcmbly had made no Pre vifion for this Kxpence, they refufed to go, iiiib lie gave his perfonal Bund for their Pay, at tk^ Shilli?igs a Day for each private M:ui, bcfula their Frovifion ; and would not be fatisficd m the Promifes that he, by the Advice of the Cou," cil, made them of recommending their Service!) the Cteneral Affcmbly, and the Afluranccs \i gave them of their being rewarded as they k iircd. On their continuing obftinatc, his Excellcnq was of Opinion, that no confidcrablc Service cou; be expc<5Ved from Men, who were moved by ij other Principle but that of cxccfTive Wages : Ar. he had Realon afterwards to be confirmed in thi Opinion, when Captain Langdon^ and aftevwaici Captain Thebouty voluntarily went with their Coir- panics of the new-levied Troops, to fcour lb Woods, and took fome of thefe Albany Men witi them as Guides; who, whenever they apprehended thcmfelvcs in Danger, by the Difcovcry of recce: Trads, fome one or other pf them could notk kept from tiring their Guns, or making fojne Ngile, 5 bj ad made nu P ( ^^5 ) )y whic h the French tudidfti^ If nny wcrc wt^t {hnn^ infl knny bow to avf)id them. Some htdiantj ho were Ilkcwifb ftnt out in Company with thcfe frn, comiilalncil in like Manner. The puhlick Interpreter, whom the Govcrnnr fas before obfcrvcti) had fcnt with others, to invite (he iSVr Ndtiom to meet him at Albany^ wrote to ic CommifTioncrs for Imlinn Afl'airs, That they let with great Difficulties and Ohftru(5Aion«? from jc Sachims, who had been lately at Cutuula: That IC Oncydois refufcd to give any Anfwcr, tho* they lad flaid there thirteen Days endeavouring to per- ladc them ; and that the Cayugns had abfolutely tchjfcd to meet the Governor. On which, his Kx- fecilency defircd to be informed by the Com mi f- loiicrs of Mian Affairs, whether they knew of any Vrfon of Influence or Intereft with the hidmnsy and it to be lent among them on this Occafion. 'Th^y infwercd> that they knew of none ; and (hat the tdians were in a very bad Difpofition, and much indcr the Influence of the French. About this Time his Excellency being informed, lat the Interpreter, and others fcnt with him, had icgle6led to fend proper Invitations to the Indians |iving on the Branches of Safquehannah River ; and lat Captain Vroman^ of Scohary^ was a proper Pcr- )n to be fcnt to thofc Indians-, he fent liim, in Company with Captain StaatSy with a Belt of pyam- \um to invite them., While the Indian Affairs appearM in this dif- buraging State, an Account came to Town, that ibout twenty young Chickdaws were come to the Wf^j, to defirc them to llieW them the Way to jonada. The Cbickefaws had always been Enemies |o the French : A Party of about five Hundred Men lad, four Years before, been fent out againft them m. Canada, who were fo ent ly by hickefawsy that few returned, l^hcfe young ClAcke- j:. «'-■ ' !l I:i4 ne on each Sideofthfi Mohawks River,^ • The Stx Nations reckon all other Indian Nttionr Women in compatifoa «o tbemlelTes. G 4 When 'i \ 1 I % n V ,i i„. ■'. '■} ■' Nations become obliterate, and forgot for ever. [Gave a Belt,} it Brethren^ The French^ on all OccafionSj *' (hew, that they a(5l againft your Brethren the " Englijh, like Men that know they dare not look *' them in the Face in Day-light ; and therefore, " like Thieves, (leal upon poor People, who do ** not expedl them in the Night, and confequently " are not prepared for them : Your Brethren, in " their Revenge, have a£led like Men of Cou- ^' rage ; they do not attack poor Farmers at their Labour, but boldly attempted the Redudion of Loidjhurg^ the ftrongeft Towa the French had u Ml ■ ,> ■ ■ I m in 'm <( m ■ifi$i mm '■! If • !. 1 I ' ' ' L 1 '' i vf 1; , 1 .i 1 i ■ s I V' L :,,!;ii (C tc i( in .fmerii'a^ in the fortifying of which they h,h\ fycnt ahovc twenty Years : It was furrcuiiulcnl with ftrong; Walls anil Korts, in whith thev h;ul planted their largefl Cannon in every Place where they thought the F.v^liJJy could conic near them ; notwithflnnding all thefc Pic, *' cautions and Advantages, they were forced to •' fuhmit to the Eriglijl) Valour. *' You mufl have heard from your Fathers, and I doubt not feveral of your old Men ftill ic. member what the French did at Onondogo \ bow they furprizcd your Countrymen at CadaYackui ; how they invaded the Seneca s^ and what Mif- chiefs they did to the .Mohawks ; how many ot your Countrymen fuffcrcd by the Fire at A/lcU' treaL Before they entered upon thefc cruel and mifchievous DcHgns, they fent Priefts a- mong you to delude you, and lull you aflccp, while they were preparing to knock you on the Head ; and I hear they arc attempting to do the *' fame now. [Gave a Belt.] •' I need not put you in Mind what Revenge •' your Fathers took for thefe Injuries, when they ** put all the Ifland of Montreal^ and a great Part *' of Canada^ to Fire and Sword. Can you think *' that the French forget this ? No, they have the ^* Ax privately in their Hands againft you, and *' ufe thefc deceitful Arts, by which only they ** have been able to gain Advantage over you, ** that by your trufting to them, they may at *' fome time or other, at one Blow, remove from ** the Face of the Earth, the Remembrance of a *' People that have fo often put them to Shame " and Flis-ht. *' If your Fathers could now rife out of their ** Graves, how would their Hearts leap with Joy ** to fee this Day j when fo glorious an Opportu- " nity cc 4C CC «< ic «( cc cc cc C( wliicli tlicy h.i,i w.is /uirouiKlt.,! which they haj in every Plate, ifli could conic all thcfe Ph., were forced to ur Fathers, and Id Men ftill ,c, Onondago j how at Cada)acku\ • ind what Mif' ; how many of c Fire at Aicn^ on thcfe cruel fent Pricfts a- 'uH you aflap, ck you on the pting to do the [Cave a Belt,] what Revenge es, when they d a great Part -an you think they have the nft you, and ch only they ge over you, they may at remove from nbrance cf a m to Shame out of their !ap with Joy an Opportu- " nity ( 137 ) •* nity is put into their Hands to revenge all the " Injuries their Country has received from the ** Frcmhf and be never more cxpofcd to their " Treachery and Deceit ! I make no doubt you '* arc the tri'c Sons of fuch renowned and brave •* Anccftors, animated with the fame Spirit for " your Country's CJIory, and in Revenge of the '* Injuries your Fathers received, uncapable ot *' being deluded by the flattering Speeches of them, ** who always have been, and always mult be, in " their Hearts, your Enemies, and who d» Hrc *« nothing more than the Dcftrudtion of your " Nations. *' I therefore invite you, Brethren^ by this Bdf, ** to join with us, and to fliarc with us, in the •' Honour of the Concpiefl of our, and your dc- ** ceitful Enemies ; and that you not only join all '* the Force of the Six Nations with us, but like • ** wife invite all the Nations depending on yoj, •* to take a Share in this glorious Entcrpri?.'; : •* And I will furnifh your fighting Men with •* Arms, Ammunition, Cloathing, Provifions, ** and every Thing neceflary for the War ; and in " their Abfence, take Care of their Wives and, « Children. [Gave the War-Belt.] cc t( cc cc cc (C cc cc cc *' Brethren^ You have feen how daring and in- fulting on you, as well as us, the French In-- dians have been, in cruelly murdering feveral of our People, fince you have come 10 this Place ; and therefore, for the many Reafons now laid before you, I make no doubt but your Anfwcr will clearly manifeft your Duty to the King your Father, and your Love to your Brethren ; and by this Belt 1 do aflure you, that our In- tent is, to live and die together." - [Gave a Belt of Friend/hip.} At ■•> J' . If ^r - ■ in ( * E^/ If ( 'i« ) At rM'tv St»:p, \v!\nr -.> Mrli wn-? jjiurfi, »Mir ,.| t^r FnWlit))'*. t.\\\vi\ ^^\n )r W', !f> whif h nil il„ irrt ;^i\runr«l \\) « So\iml >\ Int Im :ninnf l|Mi ll.,l in p1;nM. At the I Inlr i^l th* »*>prfrli, onr S;uhiin ol rarh Nntioit « «llttl »mii tlirt'< til tt,. linnr Niition luHwrtnl li'ViM;s tln^\^l\ il<>wii, tluy p,M\<' thr \\ n Shovit. Wo f'xpdMnl iMit \\\ »)i tlu'li' rinudii;. nvrotilit^p, to tlu' N»in\bri of tlu' Six \(iu^ii\^ U\ rii^hl wiu' liillinillv iltli\ciF»l \ by whiih vArim. »\\\cil llu' itrxi Drty. Accoiilii^j;ly, oi\ the r-^' ol t^uf^KfU His Fxi pi- I.FNCY luMDj;. piclent i the t icntloninv nl tlif Covii\cil ; ihr C'ontunlhoneii from WcfU^v, the ComntilUiuuis \y>\ Inriiofi AfTaiisv tin Coipotiition oi Jlfhif^ \ astd innny (irnile- men, n« at the lime when hi» J.xtcllciiry'i Speech was tielivttcil. An On6K/^fJi^tt Saihiin, who h;ul forntcrlv been S^wakcr for the Stx Natiem on fivcral puMic^^'^ cafions, roic up aiul fpokc ; What he faiif wjj |)ubhckly intci|>rc^cd, iu the Hearing of fcvcul i«5 }Ji,i\rn, ntir i,( nut hr r^jMr||i,| rMM r- : if r» rnu'd ', / ^r> )YU /vr7f : uinl'ri, iM till PlrtlMlit nui III l\r I'lftlf nl ill, lion I nllf() (Mil If t^tlirt-? f»l tli^ Mnf ul«rn ill,. \1}\\V \\\V W ,11. tlu:(r PIrniilitc. .V ?Sdltf^in^ Vv\ ; \vIm< \\ wv WW. \\'\\y (1 \\\\\\ lliM'i lu y nnti jiintd « Timn lu it- I ),iy. ^/, Hiq Kxc r:i" iMli'inrn nl tU inniiy ( tenile- is Lxtclicncy'j ff^nncrly been eirtl piiMic (K- Ut lie iM WAS ling of fcvcril ►f ( Mg ) M||nSV§ llrrtfifrii r»f ^^^ft' )'»/^, nfMl nf the /\ fnHmhitlfli. II flY^ V V. ihf Rlf N;l(i'»r»«» //M ttMV nlfrtftt^lrtl tn^pfhrr (If nftf Ar tVf, iHtn / tVf tdh iff th" \\A<^{\'\:\\fi*f*n // /rf the /ft'fftfff Nftftffn J /'///7 tifhtf h ttntti In hr fl^nhff hi nni» Afitif/'t file the jniltt rtful Jiflclf e '/I'OKcJ'fr n/ trff; flfftft. ff'e me fhttlvrl fhnt \>nf( fnfhmi th>' f^fr/tntfP hr fhuMinfi tn hfth Hi den, Jince nur Enetttip^ hmifi drtnon (he Hvmd, • f ' ravf^ ;^ Mr-lr. ) Hrotlier of New llnrk \ Lnj} Ymr yo't ^niff u^ th^ lliitchet to hp made UJe nf ftgaiull ynnr I'lupnde^j the Fro rich, whiih ice artpptpd^ and pr^mfl^d tn mnh uft nf it if thpy jhniild mmmil rwy fntlhpr ffo/hhhpt upon the r.nglifh, ruhich thpy hftne fioiv d/ine hy dp- ftroyin^ .^/iragbfc»ga, ffrifJ ftieddiiig n grrtd flprd nf Hloid : Ilithertn wk have made m Ufe nf ti>e ffrttchtt j ' hut as you ftoiv rail upon i/;, we are rendf^ and elf dedare from the Hottnm of out Henrtt, tljnt we will from this Hfty^ make ufe of it (fgninfl the KrsncI 9 ' and their Children^ (meaning their Indtant), [N. B, The Q^icftion wa9 afked them by h\% Fx- ccllency, Whether hy the Wr>fd<; their Chil^ drerj, they recant j^U tKo /nJiartf ^n Ai\\»f)tt -«i f'i M i. M: ! i I n m I Mil ■3 ( i 1. ! '1 ' ■ ! < ( «4o) with the French r' To which tl^ey anfwcred [At the Kiul of the forojmititr Paragraph, the Speaker threw Jown a War- Kelt ol W;\iu, piim on the Ciioiiiul, it hcing the ItiMnn ^a\{- toni to ilehver War-MeUs, or make Dcela. ration of \V'ar in this Manner : This he tlij with a remarkable Shew of Indi^ nation, in. tcnvlinp; thereby to cxprcfs their RelenlnuMit againff the French and their Allies, and their Zeal for the Ffi^/i/h.} lG\we a Hch,] Brother of New York ; Acofvlht^ to your Fxhor- tition in your Speech to nSy \Vf eire firmly wiited to- gtiher from this Time^ to ail as havift^i one Heart ; the Mcfl'efagucs are in the fame A fanner joined tnul unitf'd tv'itb us^ Jikeicife the Southern Nations h^rdcrir.y utcn us \ and we hope that you^ and the other (Jo- sjernors en the Continent^ wiii hi in ihi fame Afamur joired and united together. [Gave a Belt.] [They repeated over his Excellency's Speech in Relation to the Conqucft of Cape- Breton ; and added, JFe hope that our Fleet and Army will be a/Jo viilorious in the prefent Expedition ti^ain/i Canada ; /or the French are a mifchiev- ens People*] [Gave a Belt.] As to ycur Sufpicio'is of our admitting French Prie/h among usy they are become groundlefs^ ftiut we have now declared IVar againjl them : The ad- mitting of Priejls %vould only tend to lull us afleep ts eur DeJiruStion. Should any now ddre to come^ wi know no Ufe for them but to roajl them, The Thoughts of the Treatment tue formerly received from //j^ French, thro* the Afeans of their Priejlsy and which you new fcafonably have brought to our Remembrance^ tnakcs 6ur Blood tc boil, " * BfO- they anfwcred, Patagr.iph, the Belt lA Wnnw he ltidiii}t Cuf. innkc Dcela. : 'T'his lie vlid di^naiion, in. rir RcrcntnuMit lies, and tlirir [iiivve a ndt,] ' to your Exhor- ^rmly Wiited to- iug one Heart ; jttncr jot Ned mid \iiiofis h:rdav;y the other (Jo^ i fame Afamur Gave a Belt.] ley's Speech in Capi' Breton ; leet and Army 'fcnt Expedition are a mifchuv- Gave a Belt.] lifting French oundle/s^ finn yem : The ad- lull us ajleep to re to come^ wt The Thoughts 7m the Frenchf which you new thrance, makes Bfo- 1 ( 14' ) lirothcr of Knv-Tork ; ^his it the fecond Timt you have put the Hatchet into our I lands ^ which Wi accept y and are ready to go upon Service, you may fee that ive have hut a Handful f>f fighting Men here at pre lent ; ho^vever^ Jo me of them from each Natiorh Jlxill be left behind us ^ to foil ouf your Ordeis. ff^hen %ue return to our rrfpe/'li'ite CaflleSy we JJudl fend down a great Number of our H^arriors^and of tho/e tf the Nations in /fl/iance with us, as foon a^ pojfihle. This we afjure you of from the Truth and Sincerity of our Hiarts ; and we receive^ and /hall prrfcrve this large Belt, [holding it up at the fame limcj ivhicbyou havi now given us, as a TVnr^ Hatchet . Brethren, This is the Belt of Union tvith luhith we are to go Hand in Hand to the Gate of our Enc' mies ; attd by it we dec/an our Intention to conquer or die in the common Caufe* There is a Natir called the Mcncfagues, whofe Delegates are here pre fent : They confi/l of five Cajlles^ containing eight hundred Men^ who are all deter^ mined, and da agree t$ jam us, in this common Caufe ^ f^g<^i^Jl 0^^ Enemies the French, and their Indians ; and we hope you, and the ComHiiffloners from Coftonn will ufe them in fuch a Manner that they will go Home content andfatisfied. [Gave a Belt of Union, in which the Figures of fevisral Fcrforw joined Hand in Hand,^ was wsought.J The Perfon who in4«rprctcd, returned the Td' ha at tha End hi every Partigi^ph, and having done the fame at the Time they declared War, it occafioned Laughter amon^ them ; upon whith, obfcrving his Miftake, he begaTi the War-Shput^ in which alltlie /»^iW joined. The M^u-^j/^x are a Nation ollrrdians, Hvln^* near the Place called De Troit by the French^ and fituate between Lake Erk and the Hwon Lake. ' * After 1/ /, i iii' ' ' ''''if % a, / >J i,; ■■■■■■ I ■! #1 III,,,'-.:' P III''!' I m' i::|i ( 142 ) After the Speaker had finifhed, his Excellencv told them by the Interpreter, that the King their Father had ordered him to make them a Prefent on this Occafion ; and that the Government of Fir. ginla had, on the fame Occafion, fent them a Pre- lent. The Commiflioners from Bojion at the fame Time told them, that they had a Prefent from theii Government 5 and as they were foon to re- turn Home, defired the Six Nations to come to their Lodgings to receive it ; on which, the Indiani defired his Excellency to delay his Prefent to next Day, and they immediately went to receive their Prefents from the Commiffioners of the Majfachu- fets- Bay, The next Day, the Prefents from the King be- ing expofcd on one Part, and thofe from Virgin'u feparately near them, it was agreed by the People ef Albany^ who had feen many publick Prefents ^iven to the Six Nations on Treaties with thefti, that this was the moft valuable ever given. His Excellency, on giving the Prefents j» faidt^ «c ** Brethren, (€ YO U here fee a Token of the Regard the King your P'ather has for you ; and there •* is a Token of the Friendfhip of the Govern- ment of Firginia : But on this Occafion I can- not forbear taking Notice to you, that fome of your People being at Canada^ when the News ^* of the Redu<^ion of Cape-Breton came there, •* and when the French expe£ked that ^utki *^ would be immediately attacked in Confequencc •* of it 5 feveral of them joined with the French^ ** and promifed them Ailiflance* This occafioned ** fome Uneafinefs to your Brethren, being con- *• trary to fhe Faith of your Nations, as well as to your Brethren's Expectations ; however, you may now, by performing Ih6 Promifes you « Ycitcr- !!■' ^'^W his Excellency the King their em a Prcfent on rnment of yiy. ent ihcm a Pre. i/ion at the fame a Prefent from ere foon to re. 9»s to come to lich, the Intiiam Prefent to next to receive their F the Majffhchu^ m the King be- e from Virgim \ by the People lublick Prefents ies with the/n, ^er given. His faidfi the Regard the rou; and there )f the Govern- [)ccanon I can- that fome of hen the News m came there, that ^x^^ n Confequencc 'ith the French^ his occaf^oned en, being con- Dns, as well as however, you Promifes you « Ycft«r- ( T^^i ) *' Ycfterday made in the mod folemn Manner*, *' remove all Sufpicions, and for ever fecure the " Friendfliip of your Brethren, which hitherto " has from the Beginning, remained un violated *' on their Parts. The Goods now before you, ** are Prefents to the Six Nations ; and, as we " have received the Meffejagues into the Covenant ** between you and us, I expe<5l that they (hall *' fhare with you. Befides, thefe general Prefents *' now made to your Nations, I have prepared *' proper Cloathing for your War-Captains, and <* the Warriors who (hall go under their Com- " mand ; together with Arms, Ammunition and " Provifions, which (hall be delivered to the fe- " veral Parties ' at the Time they (hall go out on " Service." What his Excellency faid, having been inter- preted by a Mohawk Sachim, the Sachim added of his own Head, You now fie how you are here treated^ really like Brethren ; the Governor of CanzdsL does not treat his Indians y^ ; they 4tre fct on like his DogSy and they run on without Thought or Conftdera- tion : You fie what a noble Prefint is made to you ; if the Governor of C^nsidsLjhould fiize all the Goods in that Country^ it would not be in bis Power to make fuch a Prefint, The Onondaga Sachim, Speaker of the Six Na^ tionsy immediately replied, Brethren of New-York^ New- England^ and Virginia^ TTf^^ heard^ and obfirve well^ what you now and formerly fpoke to us\ and we beg no Mention may hereafter be made of what faffed la/l Fa/l, fince we are now heartily entered into the War with you^ ^nd have promifid as many fighting Men from each Cafih -'I'i "f ' 1; '■''M % ,rl;H ^l!l|l| I '■|! ■' I I' Mr : 1 ' ; !'i. ( I4« ) ' His Excellency took all pofliblc Care of the fe, Mejpfague^ had him brought into a Houfe, am and ordered him to be attended by two Phyficiam but the poor man had the Misfortune to die, alt^ he had been above a Fortnight ill. When he foutj himfelf near his End, he fent to the Governor, j defire him, as his laft Requeft, that his Excelleno would fend the firfl Fnnch Scalp that ihould \ taken, to his Mother ; and when he was told tk his Excellency had piomifed it, he (hewed a Co}> tentednefs and Refignation to Death. This M^ fortune was incrcafed by the Death of the otit Jl/^^^^«^ Deputy likewife, who was taken iili his Way Home, and died. The Six Nations tos Care of their Wives and Children, who had coi 'V^ith them j and it was not doubted but that k and all the Prefents given them, would be fatV conveyed to their own Homes. Having (o far given an Account of what pal ivith the Six Nationsy it may be proper next toi late the Treaty with the Mihikanders^ or Rivtrll dianSy viz. the feveral Tribes of Indians livinJ feveral Places on each Side of HudJon\ River. On his Erxellency's Arrival at Albany ^ havi; found that there had been a Negle£l in fending:: the Efopm and Minijfmk Indians^ he fent Ordersii them to be invited. The Mehikanders being cot vened the 2iil, his Excellency directed Mr. k den to fpeak to them in his Name and Woriiii which Mr. Coldm did ; the other Gentlemen ofi Council, the Commiflioners from Boflon^ the Coil miflioners for Indian Afiairs, and feveral otlt< Gentlemen being prefent, in the Words folloiK ing: « Chih ' 'i ■ *(r! M ir^ ( 147 i Care of thefci D a Houfe, aiK two Phyficians tune to die, afe Whenhcfoucj he Governor, t athisExcelb > that (houldl) he was told tin e (hewed a Coi eath. This Mt eath of the oili! » was taken ill: e Six Natiom to :n, who had cos [)ted but that tk I, would be faitf unt of what pa&j proper next to inders, or Rivtr [f Indians living ^«^ » •• ' > V «< Children, a « CHli» IA M glad to meet you at this Time, as are likewife the CornmifEoners from the Majfa- 'hufftS'Bayy who are now come hither to concur jvith me upon the prefent Occafion ; and I take Ithis Opportunity to renew the ancient Covenant hain with you, in Behalf of ::Iiis and all hi* lajefty's Governments in Ameriea^ which you now has always been kept bright and clean, nthout any of the leaft Stain or Ruft, and which ly this Belt I ftrengthen. [Gave a Belt.} ' dhildreny My meeting you here, befides re- icwing the Covenant Chain, is with Intention. ^ rat you (hould join your Force with ours, by king up the Hatchet againft our and your com- , on Enemies the French^ and their Indians \ ho have in a very unmanly Manner, by fculk- , ig Parties, murdered in cold Blood many of 5ur Brethren in this and the Province of the 'iaJJachufefs-Bay, •^" -•*'"' ' " ,..> This Behaviour lays ns under a Neceflity of aking Reprifals on them in like Manner, in hich 1 make no doubt of your AfTifiance; and e are refolved to take a thorough Revenge o^ ir and your perpetual Enemies, by reducing e Country of Canada^ that it may not be in e Power of thefe perfidious, deceitful, and uel People, to do you or us any Injury for ! future : For which Purpofe, all the neigh - uring Colonies, together with many Ships of 'ar and Soldiers from Great^Britain, are refolved unite their Force, and to attack Canada in all rts, both by Sea and Land ; and I make no ubt you will, on this Occafion, (hew yourfelves itiful Children, in joining heartily with us and ic Six Nations, in this glorious Enterprize ; by H 2 " whicb .ffi^ -.1 ■ n ;<* TE > ( 148 ) << which you will not only gain Honour and K. •* nown, but alfo Safety and Profperity to \(,i ** felves, your Wives, and Children, for ever afe ** wards : And for which End 1 will furnifh *, ** fighting Men with Arms, Ammunition, Gloiu ** ing, Provifions,, axid every Thing necelTary jj <« tba War." £G<»w 6- ff^ar-B^ On the 26th they gave their Anfwcr, which i interpreted in the following Words j (the la: Perfons being prefent, that vrere when the Goit 4ior's Speech was delivered to them.) n, it, "ili i, I 'I \ ft Father, - TT/" E are glad to fee you ; and we are come /;-. ■^^ new ths Covenant Chain^ and fnake it fap. bright as ever ^. and free from Rufl j and as a % thereof lue give you this Belt. [Gave a Bd Father, Tou have told us what Mifch'uj French have done^ and what Murders upon the Ct tians they have committed y therefore we declmj^ cur Hearts ^ and not from our Lips only^ that (ij| have ordered us to Jhed the Enemies Blood in ri^ for what they have done^ we are refolved to livi ; die with you in the Common Caufe. When you ChrijUans fe the Fleet did not arrive, the fupporting of mt fevcn Hundred luZans was a great Expencc his Excellency, for which he had no Allowance the Province of Ntw^Tork^ or for any other large attending thi« Treaty : And as many of Indians^ (above twenty) had got the Small-pox, Ing impradicable to prevent their going into )wn, or converfmg with the Town's People, liXiA Indians becoming uncafy by Reafon of the nefs of many, and the Death of fome ; his Ex« mcy thought it moft prudent to difmifs then\. Ifoon as pofHbJe from this Place, and to give rders to Mr, John/on^ to {ttid out fever al Parties Schene^iadey ox his own Settlement near the rer Mohaxok Caftle, to harrafs the French Settle- its In Canadd\ and for that Purpofe delivered [him Cloathing, Arms and Ammunition, to be in to the fighting Men, as his Excellency had >mifed them whitievcr they entered on Ser- and impowered him to furnifh them with )vifions, and whatever NecefTaries they (hould mt. [Before they went, his Excellency fent to them, defire them to leave their Sici^:, with a Promife ^takc all Care poffible of them, and that he would :r Phydcians to attend them. They were very fiblc of this Kindnefs, and acknowledged it;" not above two cr three could be prevailed on [ftay, who were fo ill, that they could not be re- ived : All poffible Care was taken of rhe other in all the Waggons which carried them to meSfad^, On the 3t6th of September^ the Captains StaaU Vromm^ brought the Indians living on the inches of the Safquehannah River; they came the Indian Order, marching in a fingle Line H 3 one f : '-A ^ » ( 150 ) one after the other ; and as they paffed ^ Fortf faluted by a running Fire along the Lint which Salute the Governor ordered to be r» turned, by a Difchargp of fome Cannon fromdi Fort. T-,-; -' I -*i'JV MV ^'«.' ,• V- On Monday the 8th of the fame Month fj Excellency fpoke to them> telling them the Sii fiance of what he had ordered to be faid to tl) Six Natimsy and their Anfwer; and as this In been fet forth at Length before, it is needlefj \ repeat what was then faid. The Reafon of ^ Excellency's fpeakingto them in th!« Manner v:^ becaufe thefe Nations living on the Safquthcm River and its Branches, are known to be Dept^ dents on the Six Nations. The next Day they gave their Anfwer ; the G^ tlemen of the Council, the CommiiHoners for 4 - dian Affairs, the Corporation of Albany^ the Officts of the four independent Companies, and ftn Officers of the new Levies, and other GentlenKi being prefent, as they were when his Excellcno fpoke to the Indians : Their Anfwer was publickij interpret'' d as follows : liii -i!'i r t,! , Brother of iV^-l^nf, • \ ' 7T/ £ live at Ohguago ; what News you fetdii .^ the Six Nations is not truly reported to w, m what the Governor £/* Canada fends to them i we km not been properly taken Notice if^ nor timely acquaintti with your Dejign to treat with the Six Nations, //// near the Time that your Interview with them wa ever J ether wife we Jhould have readily come akti with them^ to hear what eur Brother had to profiji J to us ; and if we had received earlier Notice^ a ntd larger Number of (fur fighting Men would have cm almg with us : Our Settlements are fcattering^ d fome ofthtmatagreatDlfiancefrom others^ andmnj SrUq *^ r i they paffcdtli J along the Line; rdered to be i^ Cannon from ^ I fame Monthly ng them the Sii to be faid to tii ; and as this In , it is needlefs it 'he Reafonoffe th?« Manner wi the Sa/quehannti own to be Dtp \nfwer; theGft imiflioners fbri-| /tlbanyy the Offictj riies, and f ni other Gentleiufi n his Excellenci wer was publidi] Netu$ you fmh reported to w, «f s to them I we km >r timely acquaki the Six Nations, 'ew with them wi "eadily come dssi her had to profuji er Notice J a md would have com e fcatterin^y ad' n ethers f andmtf^ ( 151 ) cur Men are from Horn a huntings we have, juever^ fent the Belt of Invitation forward to thofe bo live at a greater Diftance, that they may be able , the Time appointed^ to come and join us in the Vary as by your Belt 'Me wen deftred. • .-... jiii''" Brother, I'ou Yejierday informed us of what you had faid to Six Nations, and their Anfwer ; we are grieved J the Six Nations have not already made ufeofthe !atchet, but have hitherto kept it by them^ and have fent out their young Men to revenge the Murden ich have been committed by the Enemy, We are refolved to make ufe of the Hatchet again/i French, to revenge the Injuries done to you and ^r People y our Brethren, . , JVe have received at Times very different Kind of ^iwsfrom the Six l^tLttonsyJometimes it feemed as if t French would be Mqfiers \ hut it camot be Jo^, \ey are a deceitful People^ and cannot be trufled \ they ke fair Promifesy and have no Intention to perform m ; they flatter themfelves with Hopes to be Maflersy t they Jhallbe difappointed \ for we Jhall keep the fatchet firmly in our Hands ^ and are refolved to make YJt of tt, N-'v >/-•''-' .•■>*>: 'p 4 :'*: .!*!, ■ 't IVe know feveral Roads that lead to Canada, we ^ant to fee the Hatchet y that we may take it up, jc^ Upon which, his Excellency threw down a Hang- , which the Speaker took up, and began the War- ance, and feveral others danced the fame aftcerhim.. After which, they defired his Excellency to take are of them, as he had promif^d. His Excellency returned them Thanks for theip readily taking up the Hatcher ; he faid, that he ould prefently fet the War-Kettle over the Fire, d provide them with every Thing necefTary foff e War. His Excellency gave them a handfome rcfent in publick for their Nations in general, and H 4 private 'l. v t i #i' ;. .J ^i-i. ?" i;- Mi .: t: m: 1 ' m i ,lii ( i52 ) private Prcfents to their principal Sachims; oncd which promifed, that after his Return Home, he would go round all the ludian Settlementj, to iji. vite them into the War againft the Freruh^ ^\ their Indians ; and that he did not doubt to be ahit to bring fix Hundred Men from the Indian Settle. jnents on the Safquehannah River and its Branches, to march at any Time, and to any Place, his £t. cellency fhould appoint, in order to join the ForcQ intended againft Canada \ in the mean Time, they would caufe a Party of their Men to go % with his Men to fcour the Woods, and cleat* thea t)f the French fculking Indians. About this Time, a Serjeant of Capt. Livin^m Company was furprized and killed by a fculking ^ Party of French Indians : in a few Minutes aftei the Account of this came to his Excellency, wb fcappengd tQ be dining at that Time in Capt. ^m ^//'s Tent, fourteen of the Safquehannah Mm were obferved running paft the Tent, in order (o crofs the River, and meet the French Indim\ which his Excellency obferving, and being appw- henfive that they might meet with fome ef tli; Barties of the new Levies that were gone out fci the fame Purpofe, and that they might be in Daa- geF of being attacked through Miftake ; he M if any of the Guard which then attended, wouW voluntarily go along with the Indians f Two Men offered themfelves, who went with one who un- derftood the Indian Language, in order to prevent Miftakes. Happy it was that this Precaution was taken ; for Capt. Fanning^ with a great Part of hii Company, having gone out with the fame Inten- tion of intercepting the French Indian^ ^ he difcovcred this Party of our Indians.^ and taking them to be French Indians^ he kept his M«n under the Cover of fome Bufhes, with their Arm« ready to fire, expe<5\ing tjie nearer Approach of the Indiam\ C t53 ) I when one of the ChriAiJtns who were with them» ol>rervfng Capt. Fanrring's Men, called out, and came up to Capt. Fanning when his Men were [ready to fire. None of the Parties that went out rerc able to difcover any of the Enemy. His ExccHcncy afterwards fcnt out fixtecn of jefe Indians^ and cloathed them for that Ptirpofe, together with about fixty Men detached from the companies levied in the County oi Albany^ \n order fcour the Woods, and to aavance as far as the -,akes to gain Intelligence, by taking Prifoners or [herwife. While tnrs Party was out, fome of the Jndians fell fick, and the others being apprehenfive- tf the fame Misfortune, they return'd, after hav- »g been but a few Days in the Woods. His !xceHency then percerving the Uneafinefs the /«- ^ans were under from the Apprehcnfions of Sick- iefs, found it neccfiary to dHmifs them all, on their Vomife to return, whenever his Excellency fhould rdcr, with all the Force they fhould be able to col- iiftj and which, they faid, as before obferved, might lount to fix Hundred Men. The Number of tdians that came it this Time from the Bafque^ mnah River, confifted only of about fixty nght- Ig Men, befides old Men, Women, and Cfhil- rcn : More had come near to Albany^ but having lere heard of the Small-Pox and Sicknefs that IS at Albany^ and that many of the Six Nations catched the Infedtion, and feveral of them rere dead, they returned back. After the Six Nations left Albany^ many of thent^ rere taken fick on thefr Way Home, before they iched the Mohawk Caflles, and a confiderable fumber of the brrfkeft young Men of the Mohaivks led. This retarded the Execution of the Orcjcr Iven to Mr. John/on^ to fend out Parties toharrafs ie French Settlements rn Canada^ though he ufed }\ the Means in his Power to efFed it. While he H 5 was m. vl #»!► f.\,. 4 i':«l Wi u C 154 ) was pre^ng them to this Purpofe, one of the S;. chimS) who had promifed to head a Party from th; Canajohary Caftle, faid, Tou feem to think that %t are Brutes^ that we have no Senfe of the Lofs ofm dearejl Relations^ and fome of them the bravejl Ma we had in our Nation: You muji allow usTimtn bewail our Misfortune, - ? About ten Days before his Excellency left Alkif^ a Party of upwards of feventy Men, confiftingj fome of each Nation, went againil Canada : Soox Chriftians were of the Party to afUft and dired and to be WitnefTes of the Behaviour of the JndiiOi They were to avoid all the Lakes, and the ufot Roads and Pafles to Canada^ and were to go thre the Woods over Mountains that are feluom palfc to prevent the Enemies difcovering them: Bit after thefe had been out, Capt. Butkrs Son, t whom the chief Diredlion of this Party was com mitted, was taken ill of the Small-pox, and Hi! of the Indians were obliged to return to cair him Home. Another fmall Party was fent outt take Prifoners, and gain Intelligence at Crown-Pk At the writing of this, it is not known whatSucce they have had. When the Six Nations had come as far as tk lower Mohawk Caftle, in their Return Home, tk) were met by about fix Men of their own Nation!, who delivered a Meffage from Canada ^ which U , been brought by the Indian wlio was taken by tin French at Crown- Pointy and carried to Canada, Tin MeiTage was interpreted in the following Woids ** The Governor of Canada had called the Cahrk ** aga Indians to him, and then complained to them " that fome of the Six Nations^ his Children, k " killed fome of his People: You all know, ft ** faid<, that I am not hafty or paifionate, but wil I* rather bear a great deal than fhew Refentrwnt, ^^ wherefore 1 am refolved to pafs $his over; bu; ( 155 ) « in the mean Time, I muft defire you to go ♦« among the Six Nations^ to find out the Rcafon «• of this Proceeding, and to tell them, that if any h< Thing like it happen again, I will make theni f** fmart : You may nevcrthelefs aflure my Chil- li drcn * of the Six Nations^ that I love and efteenv " them equally with ti.e Cahnuagasy or Shawinda^ I" dies t, being of the fame Blood. And to con- Y* vince them of my Love, I now fend back to them one of their People that was taken at Crown- Pointy without eating his Fleflr. And now Cah- nuagasy my Children, I would not have you fpill any more Blood from Albany upwards, for T begin, to pity their Weaknefs ; but turn your Arms towards New-Enghndy againft your moft invete- rate Enemies ; there is the Place for you to gain^ Honour now." The Cahnuagas gave the followmg AnAver to ^he Governor of Canada : Father, You are in the^ jrong to defire us to go among the Six Nations Jbr ntelligencey or with Menaces j for fuch will only Jiiir them upy and bring them and all their Allies (who are very numerous) upon yoUy to dejiroy you at once. We }now they are not to be bullied by your fVords or ours \. ^jhereforey Father, we mujl leave you to go through' his Work by yourfelf, * " . After having, as above, related what had paflbcl ttween them and the Governor of Canada^ they' jnt the following MefTage from themfelves.. Brethren of the Six Nations^ ** We hear the Gb'- vernor of New-Tork has invited you to meet him 5 wc intreat you not to mind any Thing be ^' Siall: • The Governor of Canada callf' tKe Six Netfont, ftnd all tKe tdtaa Nationt depending on him) Cbildren, as the Governor of Mt%a-York calls them Brethren, t Another Stttlement of Deferters from the 5/» Natknu Tm^ f .^i-iiafS H- j ( 156 ) •* (hall fay, in order to fet you ugainft us j fo^ ,; •• you do, you, as wcil as we, muft all die. VVhcrj. •• iorc, Bntbr^Ny wc conjure you, by all the Tit, ** of Friendfhip fubfifting between us, to informtji ** cf any Defign that is plotting againll us j i^ ♦' that when any fuch Thing inall be difcovercd, •' you will fend an Exprcfs tP Ca^anfdui '*', when ** our Fire iilways burns. *' Brethrcfi^t Wc fhj^U be glad to fee you m ** Spring at CaJmuagds to hold a Council toge. *' thcr, where you (ha^li be as fafe and welcoimn ** ever. ** BrfthuHy The Governor our Father being in. fornjcd, that your Governor is ralfing Men % ** come againft Canada^ dcfires us to tell you tliii he has one Thufand eight Hundred Men at Crm Pointy ready to give them Battle; in whicli Number, the Men of eight CafHcs of the VtH' •' wawa^ arc included. •' Brethf'erjf Be not angry at our dcftroying L ** raghtoga laft Fall: Col. Sehuykr dar'd us to it, ** bv faying he wiflied to fee a I'rencb Army ilicrc «« We gratified him in his Wifli." A Catmudga Indian was fent along with the Pri- foner that was reftored ; but when he came nca the Settlements of the Six Nations^ his Heart failn Ijkim, and he fent the Prifoner forward by himfcii Vrith the Meflagc. The Readinefs with which the Six Nations cm' municated this MelTage, and the Slight they inrll Appearance put upon it, is fome Proof of their Sin« cerity in the Promifes they made to his Excellency; neither ficm any Thing which has happened can it be flicwnj that they were not fmccre. On the contrary, it appears by Mr. John/on''^ Letter to hii . ■ r , - , J Excel- ntradidting thffe Orderi, they had appeared very uneafy on their being ftopt. It was not cxpcdked that they would enter into the War without us, or by them- liilves, neither are they 7. People of fo little Thought, as to give any Reafon to expert it trom them. When the Companies raifcd in Penfylvania ar- rived at Albany^ his Excellency was informed by their Captains, that Mr. Thomas., Governor of that province, had fent Conrad Wt'tfer their publick In- terpreter, among the Sufquehannah Indians \ and that they expedbd his Arrival at this Place in a little Time, with at Icaft three hundred Indians. The Treaties with the Indians^ which Mr. Thomas has publiihed, gave great Hopes of the Succefs that the Interpreter would have; and thereby increafed the Difappointment, when Mr. We'ifer arrived a tew Days before his Excellency left Albany ^ and did not bring one Indian with him. ' \ His Excellency Governor Ciinionhinly perhaps, more Difficulties to ftruggie with on this Occa- fion, than any Governor of New-Tor k had at any Time : The S'x Nations had, on (cvcral OccafionF, given Grounds ofMiftruft; the Governor of C^- nadii was attempting all the Means in his Power to divert their Aft'edtions from us ; the People of the County of Albany had, for fome Time paft, entertained a Diilatisfadtioii in the Conduit of the Conunif- ' ! "J hi- , h i liil ^ ■•■'11 .„ *! iu: ' i|i' i|l^ ' '1 1 , |: 1 ■i J L A l! , ' il ' 1 i I m if "iii'iii' ■feii )iiii '1: ( «58 ) Commiffioners fox Indian Affairs ; the CommiiTi- oncrs themfelves were divided in their Sentiments and feveral of them refufed to attend their Meetings ; and they confefl'ed to his Excellency, that they had loft all Influence on the Indians. Mr. Gooch having declined the Command of the Forces at Many, his Excellency wa3 forced like- wife to undertake a new and great Care^ which he in no Manner cxpejisesWte«sW*«iWfe«sW8ei»(^^^ ^\ COLLECTION CHARTERS AND OTHER PUBLIC ACTS, REfcATINOTOTHE Province of PENNSTLfANIA I. The ROYAL CHARTER to WILLIAM PENN, Efqi II. The firft F R A M E of Government, granted m England, in 1682. , . _ , ; III. LAWS agreed upon in 5W^i»'*'^i i,Mi \ ■ f , >i«a«*^J««8eiWaesWsGsW8es^ m^ \'": 'h 1 m ^'' .!,. ■ ■. : li U! ;h :f TA^ CHARTER cf Qhahles II. of England, Scotland, France, and Irf knd, KING, Defender of tk Fmth, &c. ; . |. i ... Z7«/c? Wi L i I A M P E N N, Proprietary andGGVemr of the Frfivincf of Pennfy Ivani^. .. HARLESy by the Grace of G D, King of Englaniy ^otlmid^ France^ ani Ireland^ Defender of the Faith, iSc, To all to whom thefe Prefents ihall ^##4 c^"^^' Greeting. W H E R E A S our trufty and well-beloved Subje<£t William Penrtj Efq; Son and Heir of Sir JriiUam Pern deceafed, (out of a commendable Defire to en- large our Englljh Empire, and promote fuch lifeftil Commodities as may be of Benefit (a us and ou! Dominions, as alfo to reduce the lavage Natives by gentle and juft Manners, to the Love of civil Society and the Chriftian Religion) hath humbly befought Leave of us, to tranfport an ample Co- lony unto a certain Country herein after defcribed, in the Parts of America not yet cultivated aud planted ; and hath likewife fo humbly befought our Royal Majefty to give, grant, and confirm all the faid Country, with certain Privileges and Jurifdidlions, requilite for the good Government and Safety of the faid Country and Colony, to him and his Heirs for ever. SEC T, j'l le*-**^****^^ HARI-ES II. France, and ^ender of tk ary and Gdvcrmr race of G D, ridf Trance^ ani :he Faltli, l^c, Prefents Ihall EREAS our Subjea miWam JViliiam Pern Defire to en- riOte fuch ufeful j:q us ancl our t lavage Natives e Love of civil i) hath humbly t an ample Co- after defcfibed, cultivated aud jmbly befdught and confirm 1 Privileges and :)d Government Old Colon/i to SECT, ! *r r?, ( i65 ) SECT. I. KNOW YE THEREFORE, That we (favouring the Petition and good Purpofe of the faid IVtlliam Penn, and having Regard to the Me- mory and Merits of his late Father in divers Ser- vices, and particularly to his Condu t " t / .11 ( i«6 ) Line Weflwards to the Limrts of Longitude aboyt* mentioned, SECT. IL , r '■"■' I'iii! I'ii';:i k ,^ ii; I i m n ''.\ ,r We do alfo give and grant unto the fard W7Hiam Penn^ his Heirs and Aflign??, the free and un. difturbed Ufe and Continuance in, and Paflage unto, and out of all and fingular Ports, Harbours, Bays, Waters, Rivers, Ifles, and Inlets, belonging unto, or leading to and from the Country or Iflands aforefaid, and all the Soils, Lands, Fields, Woods, Underv^^oods, Mountains, Hills, Fcnns, Iflcs, Lakes, Rivers, Waters, Rivulets, Bays, and In- lets, fituated or being within, or belonging to the Limits or Bounds aforefaid, together with the Fifh- ing of all Sorts of Fifh, Whales, Sturgeon, and all royal and other Fifhes, in the Seas, Bays, In* lets. Waters, or Rivers within the Premifles, and all the Fifh therein taken ; and alfo all Veins, Mines, Minerals, and Quarries, as well difcovered as not difcovered, of Gold, Silver, Gems, and precious Stones, and all other whatfoever, be it Stones, Metals, or of any other Thing or Matter whatfoever, found or to be found within the Country, Ifles, or Limits aforefaid. .. I SECT. HI. ;w.. (■■ . And him, the faid Willtoin Pentiy his Heirs and Afligns, we do, by this our Royal Charter, for us, our Heirs and Succeflbrs, make, create, and con- flitute, the true and abfolute Proprietary of the Country aforefaid, and of all other the PremifTes: Saving always to us, our Heirs and Succeflbrs, the Faith and Allegiance of the faid William Penn^ his Heirs and Aifigns, and of all other Proprietaries, Tenants, and Inhabitants, that areorfhall be with- in ngitude aboTi. hcfaid U^tlUam free and un- n, and Paflagc )rts, Harbours, ilets, belonging untry or Iflands Fields, WoodS) Fcnns, Iflts, Bays, and In- elonging to the r witn the Fifh- Sturgeon, and leas. Bays, In- Premiffes, and alfo all Veins, well difcovered r. Gems, and atfoever, be it hing or Matter kd within the his Heirs and Charter, for u«, jate, and con- rietary of the the Premiffes: ucceflbrs, the Uiam Penn^ his Proprietaries, • (hail be with- in ( 167) in the Territories and Precindls aforefaid j a.id faving alfo unto us, our Heirs and SuccefTors, the Sovereignty of the aforefaid Country, to have, hold, poflefs, ana enjoy the faid Tra^ of Land, Country, ifles, Inlets, and other the Premiffes, unto the faid JVtlliam Penn^ his Heirs and Afligns, to the only proper Ufe and Behoof of the faid IVtlliam Penn^ his Heirs and Afligns, for ever, to be holden of us, [iOur Heirs and SuccefTors, Kings of England^ as of jourCaftle of Wtndfor in our County of Berks^ in free and common Soccage, by Fealty only for all Services, and not in Capite or by Knights Service : Yielding and paying therefore to us, our Heirs and [SuccefTors, two Beaver-fkins, to be delivered at our jCaflle of Windfor on the firfl Day of January in [every Year ; and alfo the fJth Part of all Gold and Silver Ore, which (hall from Time to Time hap- fpen to be found within the Limits aforefaid, clear (of all Charges. And of our further Grace, cer- ^tain Knowledge, and meer Motion, we have thought fit to ere£l, and we do hereby credl thjS Jafbrefaid Country and Iflands into a Province and rSeignorie, and do call it PENNSYLVANIA, land fo from henceforth will have it called. S E C T. IV. c :- And forafmuch as we have hereby made and )rdained the aforefaid IVilUam Penn^ his Heirs and \ffigns, the true and abfolute Proprietaries of all the Land and Dominions aforefaid, KNOW YE ^THEREFORE, That we (repofing fpecial jTrufl and Confidence in the Fidelity, Wif^om, -|Juftice, and provident Circumfpedion of the faid William Pern) for us, our Heirs and SuccefTors, lo grant free, full, and abfolute Power (by Virtue f thefe Prefents) to him and his Heirs, to his and icir Deputies, and Lieutenants, for the good and happy Wf *'' ' ■ ■|!^ i'lli '' iiii ( '68 ) happy Government of the faid Country, to ordain make, and enatSl, and under his and their Seals to publifh, any Laws whatfoever, for the raifngoj Mon^.y for publick Ufes of the faid Province, oj for any other End,, appertaining either unto the publick State, Peace, or Safety of the faid Country or unto the private Utility of particular Perfoii according unto their beft Difcretion, by and witli the Advice, AfTent, and Approbation of the Free. men of the faid Country, or the greater Part of them, or of their Delegates or Deputiesy^ whora,fi)t the enacting of the faid Laws, when, and as ofteo as Need (hall require, we will that the faid ^/fc Penn and his Heirs, fhall aflemble in fuch Sort m Form, as to him and them fhall feem beft j ani the fame Laws duly to execute, unto and upon all People within the faid Country and Limit! thereof. SEC T. V. And we do likewifc giv6 and grant^ unto tlii f?*»d William Penn, and to his Heirsv and their D^ puties and Lieutenants, full Power and' Authoriti to appoint and eftablifh any Judges and Jufticej, Magiftrates, and other Officers whatfoever, for what Caufes foever, (for the Probates of Wills, andfo: the granting of Adminiftrations within the Preeififli afbrefaid) and with what Power foever, and in fucti Form, as to the faid William Penny or his Hein, (hall feem moft coiivenient : Alfo to remit, releafe; pardon, and abolifh (whether before Judgment or after) all Crimes and Oflences whatfoeVer, com- mitted witHin the faid Gpuntry, againft the faii Laws, (Treafon and wilful and malicious Murder only excepted, and in thofe Catfes} to grant Re- prieves, until our PJeafure may be Vnowii therein) and to do all and every oth^f Thing and ThiogS) which IT I H^i.-ft*'"'' untry, tx) ordain, nd their Seals to or the raifiiigof aid Province, oi either unto the the faid Country, rticular Pcrfoi.!, ion, by and with tion of the Fret. e greater Partoj )utiesy whora,fi3t len, and as often it the faid ff'illiaff, r in fuch Sort am 11 feem beft;ani ;, unto and upon mtry and Limic ; < d grants unto tk rsv and their D^ . jr and' Authorit| ges and Juftices, ' tatfoever, for what of Wills, andfoi ithinthePreeihfti ever, and in fucli w, or his Heirj, to remit, releafej [ore Judgment ot hatfoeVer, com- againft the (d lalicious Murd« ifes! to grant Re- le VnoWTl therein) ling and Thiogs, which ( 169 ) rhich unto the compleat Eflablifliment of Juftice into Courts and Tribunals, Forms of Judicature, ^ id Manner of Proceedings do belong, although In thefe Prefents exprefs Mention be not made [hereof; and by Judges by them delegated, to iward Procefe, hold Pleas, and determine in all le faid Courts and Tribunals all A£lions, Suits, id Caufts whatfoever, as well criminal as civil, rrfonal, real, and mixt; which Laws (b, as afore - iid, to be publiftied, our Pleafure is, and fo Wt njoin, require, and command, fliall be moft abfo- te and available in Law ; and th'\t all the Liege jople and Subjects of us, our Heirs and Succei- rs, do obferve and keep the fame inviolably [n }{q Parts, fo far as they concern them, under the lin therein exprefled, or to becxprefled. PR O- I D E D neverthelefs. That the fame Laws be ^nfonant to Reafon, and not repugnant or con- try, but (as near as conveniently may be) agree- rte to the Laws and Statutes, and Rights of this ir Kingdom of England^ and faving and refervinc^ us, our Heirs and SuccefTors, the receiving, hear- 5, and determining of the Appeal and Appeals of or any Perfon or Perfons, of, in, or belongino- khe Territories aforefaid, or touching any Judg- int to be there made or given, SECT. VL ind fc-afmuch r in the Government of fo great country, fudden Accidents do often happen, ereunto it will be neceflary to apply Reinedy, )re the Freeholders of the faid Province, or ir Delegates or Deputies, can be aiTembled to the :ing of Laws ; neither will it be convenient that mtly upon every fuch emergent Occafion, lij it a Multitude fhould be called together: There- ' (for the better Government of the faid Coun- ^OL, IL I tfy^ l\ %i m i:!,i I' ;;« ' . ( 170 ) fry) we will, and ordain, and by thefe Prefentf. for us, our Heirs and Succeflbrs, do grant unt' the faid IVUliam Penn and his Heirs, by themfdve; or by their Magiftrates and Officers, in that Beha,' duly to be ordained as aforefaid, to make and con. flitute fit and wholefome Ordinances, from Tin;. to Time, within the faid Country to be kept ^ obferved, as well for the Prefervation of the Peac as for the better Government of the People the:; inhabitiiig; and publickly to notify the fame to;, Perfons, whom the fame doth or may any Wa- concern. Which Ordinances our Will and Pleat 15, (hall be obferved inviolaby within the faid Pk- vince, imder the Pains therein to be exprcfled, as the faid Ordinances be confonantto Rearon,ai. be not repugnant nor contrary, but (fo far ascc: veniently may be) agreeable with the Laws of cv Kingdom of England^ and fo as the faid Ordinanct be not extended in any Sort to bind, change, take away the Right or Interell of any Perfont Perfons, for or in their Life, Members, Freehoi; Goods, or Chatties. And our farther Will 'c Pleafure is, Ihat the Laws for regulating aiidgt verning of Property within the faid Province, i well for the Defcent and Enjoyment of Lands, « Jikewife for the Enjoyment and Succeffion of Goo^ and Chatties, and likewife as to Felonies, fhalls and continue the fame, as they fhall be for th Time being, by the general Courfe of the Law:: our Kingdom of England^ until the faid Laws flii be altered by the faid William Penn, his Heine Afligns, and by the Freemen of the faid Provinc: their Delegates or Deputies, or the greater Partt them. h'" ll'j'l SECT jy thefe Prefent! rs, do grant untr. irs, by themfelvei, :ers5 in that Behi; to make and cor. inces, from Tiir;! ;ry to be kept ar« ation of the Peac^ f the People tk; tify the fame toi or may any Wa- irWill andPleafc rithin the laid Pi:, to be exprcffed, nantto Rea(on,a[:, ^ but (fo far asco: th the Laws of c^ the faid Ordinana » bind, change,; ft of any Perfoni rlembers, Freehoii r farther Will l regulating and f faid Province,! ment of Lands,;. ucceflion of Goo^ |o Felonies, ftiall;! ly {hall be for t lurfe of the Law;: the faid Laws flu Penri, his Heiru the faid Provinc: the greater Parti m SECT ( 17O SECT. VIL And to the End that the faid William PgfiH, or ;s Heirs, or other the Planters, Owners, or In* abitants of the faid Province, may not at any Pime hereafter (by Mifccnftrudlion of the Powe/ forcfaid) through Inadvertency or Defign, depart om that Faith^and due Allegiance, which by the aws of this our Realm of England^ they and all Subje6b, in our Dominions and Territories, ways owe to us, our Heirs and Succeflbrs, by !olour of any Extent or Largenefs of Powers^ by given, or pretended to be given, or by 'orcc or Colour of any Laws hereafter to be made the faid Province, by Virtue of any fuch Powers ; U R farther Will and Pleafure is. That aTran- rlpt or Duplicate of all Laws, which (hall be ('> aforefaid made and publifhed within the faid Wince, fliall, within five Years after the making lereof, be tranfmitted, and delivered to the Privy ouncil, for the I'ime being, of us, our Heirs and. jcceflbrs : And if any of the faid Laws, within le Space of fix Months after that they (hall be fa nfmitted and delivered, be declared by us, our s and Succeifors, in our or their Privy Coun- inconfiftent with the Sovereignty, or lawful erogative of us, our Heirs or Succeflbrs, or con- ry to the Faith and Allegiance due to the legal overnment of this Realm, from the faid IVilliam 'enn, or his Heirs, or of the Planters and Inha- Itants of the faid Province, and th-^t thereupon 'y of the faid Laws fliall be adjudged and de- ircd to be void by us, our Heirs and Succeflbrs, der our or their Privy Seal, that then and from enceforth, fuch Laws, concerning which fuch dgmcnt and Declaration (hall be made, fhall ome void : Otherwife the faid Laws I'o tranf- 1 2 mittcJ, leirs iti' ■I. 4 v! i is. ilil 11 ,Hil 'm II f ( 172 ) niittcd, fliall remain, and fland in full Force, jj cording to the true Intent and Meaning thereof. SECT. VIII. Furthermore, that this new Colony may tl^ more happily incrcafe, by the Multitude of Peow reforting thither ; Therefore we, for us, our Hj. and Succeflbrs, do give and grant by thcfe Prcfcnts Power, Licence, and Liberty unto all the Litj People and Subjects, both prefent and future,! us, our Heirs and Succeflbrs, (excepting thofcwl. {hall be efpecially forbidden) to tranfport tlier, felves and Families unto the faid Country, w^ fuch convenient Shipping as by the Laws oft our Kingdom of England they ought to ufe, i with fitting Provifion, paying only the Cuilot therefore due, and there to fettle themfelvcs, dt and inhabit, and plant for the publick, and tk own private Advantage. SECT. IX. And furthermore, that our Subjects may bee rather encouraged to undertake this Expedite with ready and chearful Minds, KNOW Yl That we, of our fpecial Grace, certain Knowledp and mere Motion, do give and grant by Virlwi thefe Prefents, as well unto the faid Williatn Pm and his Heirs, as to all others, who fhail k Time to Time repair unto the faid Country, wi; a Purpofe to inhabit or trade with the Natives; the faid Country, full Licence to lade and im in anv Ports whatfoever, of us, our Heirs ^ Succeflbrs, according to the Laws made, or to; made, within our Kingdom of England, and ui to the faid Country, by them, their Servants i Afiigns, to tranfport all'^nd Angular their Gooci i ill full Force, jj Meaning thereof. III. V Colony maytlj MLultitudc of Peops p, for us, our Hci« nt by thcfe Prcfei unto all the Litj fent and future,! excepting thofc*!. to tranf'port tlitc faid Country, wu y the Laws of tit ;y ought to ufe, t ; only the Cuilor; e themfelvcs, dt publicky and tk [X. Subjedls may beij ke this Expeditif Is, KNOW Yl certain Knowledp grant by Virtwi z faid William P(b rs, who ihall fra faid Country, w; with the Natives; to lade and im us, our Heirs ii aws made, or to 5 f England^ and ui , their Servants c iguUr their Goown Nature might otherwife require a more fpccial "Commandment and Warrant, than in thcfe Bfe- fcnts is exprefled. SECT. XL We will alfo, and by thefe Prefents, for us, our Heirs and Succcflbrs, we do give and grant Li- cence by this our Charter, unto the faid fViirw?n 1 3 Pcnn^ / 1 ! i !r:' ■h 1 ^ It n i.M .;>.. •' 'Ill r I 'ffll! ■■■' ^iiMi.4"''"s'.'^i' ( 174 ) I^enn^ his Heirs and Alfign? a"o to all the hh^ bitants and Dwellers in the t^'rc\;nce aforefaid both prefent and to come, Lo impcn o. .(nlade, tj themfelves or their Servants, Fadors, or AfTigns, all Merchandizes and Goods whatfoever, that ilia; arife of th« Fruits and Commodities of the fan Province, either by Land or Sea, into any of tlit Ports of us, our Heirs or Succeflbrs, in our Kin^. dom of England^ and not into any other Couni whatfoever : And we give him full Power to dif. pofe of the faid Goods, in the faid Ports; andi sieed be, within one Year next after the unladinj of the fame, to lade the faid Merchandize an; Goods again into the fame or ether Ships, and tc tranfport the fame into any other Countries, eithg of our Dominions or foreign, according to Law; provided always, that they pay fuch Cuftoms aji: ImpoHtions, Subfidies, and Duties for the fame, to us, our Heirs and SuccefTors, as the reft of 01;' Subjedls of our Kingdom of England^ for tk Time being, (hail be bound to pay, and do ok- ferve the A£ls of Navigation, aud other Laws ii ihat Behalf made. Z C T. XII. And furthermore, of our ample and fpecli! Grace, certain Knowledge, and mere Motion, we do, for us, our Heirs and Succeflbrs, grant ninto the faid William Penriy his Heirs and Affigns, full and abfolute Power and Authority, to make, cre<5l, and conftitute, within the faid Province, and the Ifles and Inlets aforefaid, fuch and fo ma- ny Sea- ports. Harbours, Creeks, Havens, Quays, and other Places, for difcharging and unlading of GxJs and Merchandizes out of the Ships, Boats, arH other Vefiels, and landing them unto fuch M Tq many Places, and with fuch Right?, Jurifdic- tioiij, ti lb i i 1/ 16 to all the hk v.nce arbrefaiii rt o. .tnlade,l;j ors, or Afligns, Dever, thatfta" ties of the fau nto any oftk 5, in our King. ' other Country II Power to dii. d Ports ; and i IT the uny'ini srchandize an; r Ships, andtt ■ountriesj eithe >rding to Law; h Cuftoms ii for the fame, the reft of on; ^land, for tk ay, and do oli. Other Laws ii le and fpecft! mere Motion, rceflbrs, grant and Affigns, rity, to make, faid Province, :h and fo ma- avens, Quays, nd unlading cf Ships, BoatJ, unto fuch ani! ght?, Jufifdic- tioiij. tions, Liberties and Privileges unto the faid Ports ^belonging, as to hi.n and them (ijall feeia mcd expedient") and that all and fingular the Ships, Boats, and other Veflels, which fliall come for Merchandize and Trade into the faid Province, ;or out of the fame, ihall be laden or unladen only I at fuch Ports as fhall be created and conftituted by ! the faid IVtlliam Penn^ his Heirs or Affigns, (any Ufe, Cuftom, or Thing to the contrary notwith- ^(landing.) Provided, that the h\d lViIIirj?n Penny Jand his Heirs, and the Lieutenants and Governor* ■for the Time being, fhall admit and receive in, and about all fuch Havens, Ports, Creeks and (Quays, all Officers and their Deputie; . who ihali jfrom Time to Time be appointed for that Purpofc, by the Farmers or Commiiioners of our Cuftoms for the Time being. SECT xin. And we do further appoint and ordain, and by thefe Prefents, for us, our Heirs and Succeflbrs, we do grant unto the faid William Penn^ his Heirs and Afligns, That he, the faid IVilliam Penny his Heirs and Affigns, may from time to time for ever, have and enjoy the Cuftoms and Subfidies, in the Ports, Harbours, and other Creeks and Places aforefald, within the Province aforefaid, payable or due for Merchandize arid Wares there to be laded and un- laded, the faid Cuftoms and Subfidies to be rea* fonably aflefled upon any Occafion, ' y themfelvca and the People there as aforefaid to be aflembled ; to whom we give Power by thefe Prefents, for us^ our Heirs and Succeflbrs, upon juft Caufe and due Proportion, to aflefs and impofe the fame ; faving. unto us, our Heirs and SucceflTors, i ch Impofi- tions and Cuftoms, as by A76 ) SECT. XIV. And it is our farther Will and Pleafure, Tbj the faid William Penn^ his Heirs and Affigns, ft;i]! from Time to Time conftitute and appoint an An torney or Agent, to refide in or near our City of J^ondon^ who fhall make known the Place where fee fhall dwell, or may be found, unto the Clerki of our Privy-Council for the Time being, or out of them, and fhall be ready to appear in any of our Courts at Wejiminjier.^ to anfwer for any Mif. demeanor that fhall be committed, or by any wllfui Default or Negledl permitted by the faid WWhii^ Penn^ his Heirs or AJligns, againft the Laws of Trade and Navigation ; and after it fhall be afcer- tained in any of our faid Courts, what Damages we, or our Heirs or Succellbrs, fhall have fuftained by fuch Default or Neglect, the faid PPilliam Pmt^ his Heirs or Affigns, fhall pay the fame within one Year after fuch 'I'axation, and Demand thereof, from fuch Attorney 5 or in Cafe there fhall be no fuch Attorney by the Space of one Year, or fuch Attorney fhall not make Payment of fuch Damages w'thin the Space of a Year, and anfwer fuch other Forfeitures and Penalties v/ithin the faid Time, as by the Ads of Parliament in England are and fhall be provided, according to the true Intent and Meaning of thefe Prefents 5 then it fhall be lawful foi us, our Heirs and Succeflbrs, to feize and re- fumt the Government of the faid Province or Coun- try, and the fame to retain until Payment fhall be jtf>-de thereof : But notwithftanding any fuch Sei» sure or Refumption of the Government, nothing concerning the Propriety or Ownerfhip of any Lands, Tenements, or other Hereditaments, or Good or Chatties, of any of tire Adventurers, pjanters, or OwnerS;^ other than the refpe£livc Oifendefi M V. nd Pleafure, T^^ and AiTigns, ftal] nd appoint an An near our Cityof the; rJace where unto the Clerb ne being, or out appear in any of Ver for any Mif. , or by any wilfuj the faid ^iili^^ inft the Laws of r it fhall be afcer. , what Damages all have fuflained iid ff^illiam Pmi^ fame within one Oernand thei^eof, here Ihall be no le Year, or fuch of fuch Damages nfwer fuch other le faid Time, 33 wd are and fhall true Intent and t fhall be lawful to feize and re- ovinceorCoun- 'ayment fhalJ be ; any fuch Sei- iment, nothing nerfhip of any reditaments, or e Adventurers, the refpe^tivc Oifenders ( »77 ) Offenders there, fhall any ways be affe£led or mo« lefxed thereby. S E C T. XV. Provided always, and our Will and Pleafure is, JThat neither the laid William Penny nor his Heirs, or any other the Inhabitants of the faid Province, ihall at any Time hereafter have or maintain any vCorrefpondence with any other King, Prince, or f State, or with any of their Subje**' Jifr- I I ''!< ,i:r' •f our certain Knowledge and mere Motion, w{ have given and granted, and by thefe Prefents, fo[ us, our Heirs and Succeflbrs, do give and grant unto the faid TVilliam Penn^ his Heirs and Afligns, full and abfolute Power, Licence and Authoritv, that he, the faid William Penn^ his Heirs and Af. :(igns, from Time to Time hereafter for ever at his or their own Will and Pleafure, may affm alien, grant, demife, or enfeoff of the Premills, fo many and fuch Parts and Parcels to him that Ihall be willing to purchafe the fame, as they ftall think fit, to have and to hold to them the faid Perfon and Perfons willing to take and purchafe, their Heirs and Affigns, in f'ee-fimple or Fee-tail, or for the Term of Life, Lives or Years, to be held of the faid JVilliamPenn^ his Heirs or Afligns, as of the faid Seigniory of PVindfor^ by fuch Ser* vices, Cuftoms or Rents, as Ihall feem meet to the faid William Ptnn^ his Heirs or AfTigns, anil not immediately of us, our Heirs or Succeflbrs, SECT. XVIIL And to the fame Perfon or Perfons, and to all and every of them, we do give and grant by thefe Prefents, for us, our Heirs and Succeflbrs, Li- cence, Authority and Power, that fuch Perfon or Perfons may take the Premiflts, or any Parcel thereof, of the aforefaid William Pmn^ his Heirs or .her Thing Which a Captain-General accuftomed to be. ; Captain-GenerJ ame. II. ecial Grace, and nere Motion, we thefe Prefents, for o give and gra, tieirs and AiTigns, 5 and Authority! lis Heirs and Af.' sreafter for ever afure, may zftm of the Premllfes, eels to him that me, as they ftall to them the faid ce and purchafe, mple or Fee-tail, or Years, to be Heirs or AlTigns, ?r, by fuch Ser- 11 feem meet to i or A/Iigns, anil or SuccelTors, 1. rfons, and to all d grant by thefe Succeflbrs, Li- t fuch Perfonor or any Pared Fenrij his Heirs or & ( ^9 ) or Afligns, and the fame hold to themfelves, their Heirs and Afligns, in what Eftate of Inheritance foever,. in Fee-fimple or in Fee-tail, or otherwife, as to him, the faid IVilliam Penn^ his Heirs or AiTigns, fhall feem expedient : The Statute made in the Parliament of EDTVARDy Son of King HENRT, late King ol England^ our Predeceflor, (commonly called The Statute quia emptoues^ 'J ERRARUM, lately publifhed in our Kingdom of England) in any wife notwithftanding.- ; SECT, XIX. And by thefe Prefents we gi/e ?.nd grant Li- cence unto the faid Willliam Penn^ and his Heirs, and likewife to all and every fuch Perfon or Per- fons to whom the faid William Penn^ or his Heirs, ihall at any Time hereafter grant any Eftate or In- heritance as aforefaid, to eredt any Parcels of Land> within the Province aforefaid into Manors, by and with the Licence to be firft had and obtained for that Purpofe, under the Hand and Seal of the faid: IVilliam Penn^ or his Heirs ; and in every of the faid Manors to have and to hold a Court-Baron, with all Things whatfoever v/hich to a Court- Ha- ron do belong, and to have and to hold View of Frank-Pledge for the Confervation of the Peaces and the better Government of thofe Parts, by themfelves or their Stewards, or by the Lords for the Time being of the Manors to be deputed when they fhuil be ere£led, and in the fame to ufe all Things belonging to the View of Frank-Pledge. And we do further grant Licence and Authority, That every fuch Perfon or Perfons who. fhall eredt any fuch Manor or Manors, as aforefaid, ihall or may grant all or any Part of his faid Land to any Perfon or Perfons, in Fee-fimple, or any other Eftate of Inheritance to be held of the faid Manors m ' ' I! '!■: i -^.m %. \'-i H re- u; i ( i8o ) rcffpe^tively, (o as no farther Tenure ftiall be created, but that upon all further or other Aliena. tions thereafter to be made, the faid Lnnds fo aliened fhall be held of the fame Lord and hii Heirs, of whom the Aliener did then before hold and by the like Rents and Services which were be' foie due and accuflomed. SECT. XX. And further our Pleafure is, and by thefe Pre. fents, for us, our Heirs and Succeflbrs, we do co- venant and grant to and with the faid Jf'illiam Pm, his Heirs and AfTigns, That we, our Heirs and Succeflbrs, (hall at no Time hereafter fet or make, or caufe to be fet or made, any Impofition, Cu. ilom, or other Taxation, Rate or Contribution whatfoever, in and upon the Dwellers and Inha- bitants of the aforefaid Province, for their Landj, Tenements, Goods or Chatties, within the faid Province, or in and upon any Goods or Merchan- dizes within the Province, or to be laden or un- laden within the Ports or Harbours of the faid Pro- vince, unlefs the fame be with the ^onfent of the Proprietary, or chief Governor, or Aflembly, or by A61 of Parliament in England. SECT. XXI. ' And our Pleafure is, and for us, our Heirs and Succeflbrs, we charge and command, That this our Declaration ihall from henceforth from Time to Time be received and allowed in all our Courts, and before all the Judges of us, our Heirs and Succeflbrs, for a fufficient lawful Difcharge, Pay- ment and Acquittance; commanding all the Of- ficers and Minifters of us, our Heirs and Succeflbrs, and enjoining tnem upon Pain of our higheft Dii- pleafure, enure ihall be >r other Alienj, faid Lands fo 5 Lord and hij len before hold, which were be- nd by thefe Pre. (Tors, we do co- id William Pm, our Heirs and *ter fet or make, Impofition, Cu. 3r Contributioa :llers and Inha- for their Land;, vithin the faii ds or Merchan- le laden or un* of the faid Pro- Confent of the Aflembly, or our Heirs and md, That this 'th from Time all our Courts, our Heirs and )ifcharge, Pay- ng all the Of- and SucceiTors, 4r higheft Dif- pleafure, ( i8i ) pleafure, that they do not prefume at any Time to attempt any Thing to the contrary of the Premilles, or that do in anySort wlthftand the fame; but that they be at all Times aiding and aflifting, as is fitting to the faid fVilliam Penn^ and his Heirs, and unto the Inhabitants and Merchants of the Province aforefaid, their Servants, Minifters, Fa£lors, and Afligns, in the full Ufe and Fruition of the Benefit of this our Charter. SECT. XXIL And our farther Pleafure is, and we do hereby, for us, our Heirs and SuccefTors, charge and re- quire, That if any of the Inhabitants of the faid Province, to the Number of Tv/enty, fhall at any Time hereafter be defirous, and fhall by any Writing, or by any Perfon deputed by them, fignify fuch their Defire to the Bifhop of London for the Time being. That any Preacher or Preachers, to be approved of by the faid Bifhop, may be fent unto them for their Inflrudion; That then fuch Preacher or Preachers fhall and may rc- fide within the faid Province, without any Denial or Moleflation whatfoevcr. SECT. XXIIL And if perchance hereafter any Doubt or Quef- tlon fhould arife, concerning the true Senfe and Meaning of any Word, Claufe, or Sentence con- tained in this ourprefent Charter, we will, ordain, and command. That at all Times, and in all Things, fuch Interpretation be made thereof, and allowed in any of our Courts whatfoever, as fhall be adjudged moft advantageous and favourable unto the faid William Penny his Heirs and Ailigns ; Provided always no Interpretation be admitted thereof} iSp ^, -^^. >.1^. IMAGE EVALUATION TEST TARGET (MT.3) k A i/.. 4^ 1.0 I.I 1^128 |2.5 ■^ 1^ 12.2 !!? m "^ lio 12.0 ut IL25 Ml U IIIIM 1.6 n '5'^ -•.''> '/ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. USSO (716) 872-4503 'X h a 3' l*W 1 »Sj^|[ !MMm' ' 'IHbiS ^ in^ I'rM ! mm. 'U. 1 j^ffi'i r« ^W f ' ' iffl^H U '4IB iwl^HKml^^BPiH^Hi'llPv^lv .^^ 1 in ( i8a ) thereof, by which the Allegiance due unto us, our Heirs and SucccfTors, may fufFer any Prejudice or Diminution ; although exprefs Mention be not made in thefe Prefents of the true yearly Value, or Certainty of the Premifles, or any Part thereof, or of other Gifts and Grants made by us, and our Progenitors or PredecefTors, unto the faid TVilliam Penn: Any Statute, Adl, Ordinance, Provifion, Proclamation, or Reftraint heretofore had, made, publiflied, ordained, or provided, or any other Thing, Caufe or Matter whatfoever, to the con- trary thereof, in any wife notwithf^anding. I N WITNESS whereof we have caufed thefe our Letters to be made Patent: WitnefsOUR SELF, at Wejlminjier^ the Fourth Day of March^ in the three and thirtieth Year of our Reign. Anncqm Domini One Thoufand Six Hundred and Eighty one. By Writ of Privy Seal, PIGOTT. The F R A M E of the Government of the Province of Pennfylvania In America : To- gether with certain L;;AWS agreed upon in England, by the Governor and divers Freemen of the aforefaid Province, to be further explained and continued there, by the firft Provincial Council that Ihall be held, if they fee meet. The PREFACE. . . rrrNEN the great and wife GOD had made ^^ the World, of all his Creatures it pleafed him to chuje Man his Deputy to rule it ; and to fit him for Jo great a Charge and Trufti & (Ud not only qua- ( 183 ) lif* htm with Skill and Power^ but ivith Integrity i$ ufe them juftiy. This native Goodnefs ivas equally his Honour and his Happinefs ; and whiljl he Jiood here^ all went well ; there was no need of coercive or com- pulftve Means ; the Precept of divine Love and Truth in his Bofom was the Guide and Keeper of his Inno- cency. But Luji prevailing againji Duty^ fnade a lamentable Breach upon it } and the LaWy that had before no Power over him^ took place upon him and his difobedient Pofterity^ that fuch as would not live con- formable to the holy Law within^ Jhouldfall under the Reproof and Corre^ion of the juji Law without ^ in a judicial Admlni/iration. This the Atoflle teaches in divers of his Epijlles : The Law (fays he) was added becaufe of Tranf- greffion : In another Place^ Knowing that the I.avr was not made for the righteous Man j but for tlie difobedient and ungodly, for Sinners, for unholy ind prophane, for Murderers, for Whoremongers, for them that defile themfelves with Marvkind, and for Men- ileal ers, for Liars, for perjured Perfons^ i!fc. But this is not all^ he opens and carries the Matter of Government a little further : Let every Soul be fubjed to the higher Powers ; tor there is no Power but of GOD. The Powers that be arc ordained of G O D : Whofoever therefore r^ - fifteth the Power, refifteth the Ordinance of G O D. For Rulers are not a Terror to good Works, but to evil : Wilt thou then not be afraid of the Power? Do that which is good, and thou {halt have Praife of the fame. — — He is the Minifter of G O D to thee for good. Wherefore ye muft needs be fubjed, not only for Wrath, but for Confcience iake. This fettles the divine Right of Government beyond Exception^ and that for two Ends : Firft, To terrify^ evil Doers ; Secondly, To cherijh thofe that do well j ^hich giv$$ Govcrnmnt a Life beyond Corruption, and W r i : ft i'SHt "I mi r'i^i' ( «84 ) and makes it as durable in the Word^ as good Men Jhall he* So that Government feems to me a Part of Religion itfelf^ a Thing facred in its In/fitution and End, For if it does not direSfly remove the Cauje^ it crujhes the t.ff'eSls of Evil^ and is as fuch {though a lower yet) an Emanation of the fame divine Power y that is both Author and Obje£i of pure Religion 5 tht Difference lying here^ that the one is more free and mental^ the other more corporal and compulfive in its Operations : But that is only to evil Doers j Govern- ment itfelf being otherwife as capable of Kindnefs^ GoodnefSi a:id Charity^ as a more private Society, They weakly err^ that think there is no other JJfe of Government than CorreSiion^ which is the coarfijl Part of it : Daily Experience tells usy that the Care and Regulation of many other Affairs^ more fo ft and daily necejfary^ make up much the greatefl Part of Government ; and which mujl have followed the Peo- pling of the JVorldy had Adam never fell^ and will continue among Men on Earth under the highefl At- tainments they may arrive at^ by the coming of the bleffed Second Adam, the LORD from Heaven, Thus much of Government in general^ as to its Rifi and End* For particular FrauifS and Models, // will become me to fay little 5 and comparatively I will fay nothing. My Reafons are : Firft, That the Age is too nice and difficult for it ; there being rothing the PVits of Men are more bufy and divided upon, ^Tis true^ theyfeem to agree in the End^ to wit, Happinefs ; but in tht Means they differ^ as to divine^ fo to this human Felicity j and the Caufe is much the fame ^ not always fVant of Light and Knowledge^ but Want of ufmg them rightly. Men fide with their Pajffions againfi their Reafon^ and their fini ft er Inter efls have foflrong a Biafs upon their Minds^ that they lean to thenk againfl the Good of the Things they know. Secondly, ( >85) Secondly, / do not find a Model in the Worlds that fimey Place f and fome Jmgular Emergencies have not ntcifarify altered ; nor is it eafy to frame a civil Government f that Jhallferve all Places alike. Thirdly, / know what is /aid by the feveral Ad* mirerso/sAonwchyy Ariftocracy, and Dcmocrzcy^ which are the Rule of one^ a feWy and many, and are the three common Ideas of Government, when Men difcourfe on that Subje^i. But I chufe to folve thg Controverfy with this fmall Diftin£fiony and it be* longs to all three : Any Government Is free to the People under it (whatever be the Fratne) where the Laws rule, and the People are a Party to thofe Laws ; and more than this is Tyranny, Oligarchy, or Confufion, But LafUy, when all is faid, there is hardly om Frame of Government in the World fo ill dejigned by itsfirji Founders, that in good Hands would not da well enough \ and Story tells us, the befi in ill ones can do nothing that is great or good-, Witnefs the Jewifh and Roman States, Governments, like Clocks^ go from the Motion Men ghfe them ; and as Govern* ments are made and moved by Men, fo by them thef are ruimd too. Wherefore Governments rather depen i upon Men, than Men upon Governments. Let Men be goody and the Government can't be bad y if it be ill, they will cure it. But if Men be bad, let the Government be never fo good, they will endeavour t9 warp and fpoil it to their Turn, I know fome fay. Let us have good Laws, and no matter for the Men that execute them : But let them conftder. That though good Laws do well, good Men do better : For good Laws may want good Men, and be abolijhed or evaded by ill Men-, but good Alen will never want good Laws^ nor fuffer ill ones, *Tis true^ good Laws have fome Awe upon ill Minijicrs, but that is where they have no Power to efcape or abolijh them^ and tht Ptople are generally wife and good : But a lo^t i*^' ■ i ■i 4 ii 1 1. ^fc;;* ^r^r. B»j.'r III' :^^i ■hi r ''^R t:lf i^B ^i' > 'I !i- i^' fV' ( i88 ) bly^ by whom all Laws (hall be made, OfRceri chofen, and publick AfFatrs tranfa^led, as is here- after rcfpedlively declared. That is to fay ^ II. That the Freemen of the faid Province (hall, on the twentieth Day of the twelfth Month, which iha]l be in this prefent Year Om Thou/and Six Hundred Eighty and Two^ meet and afiemble in fome fit Place, of which timely Notice fhall be before- hand given by the Governor or his Deputy, and then and there fliall chufe out of themfelves feventy. two Perfons, of mod Note for their Wifdom, Vjr. tue and Ability, who (hall meet on the tenth Day of the firft Month next enfuing, and always be called and avincial Council to propofe^ and the general Af- ibly to refolve. XVIL 'hat the Governor and the provincial Coun- (hall credt from Time to Time (bnding Courts [uftice, in fuch Places and Number as they (hall ^e convenient for the good Government of the . Province. And that the provincial Council , on the thirteenth Day of the firfl: Month riy, cleft and prefent to the Governor or his )uty, a double Number of Perfoni, to fcrve for 'oi. II. K Judges, Iwi *4' ;^l . . i 'f4i 1,1 1 i% 1 i^» L.,.-^".;R .w, -"^ * ■ '^ H III ^t'I ( m I tt "• ■' *ii. n-jl': yv *;1 I ( »94 ) Judges, Treafurers, Matters of Rolls, within the faid Province for the Year next enfuing ; and the Freemen of the faid Province in the County. Courts, when they fhall be eredled ; and till then in the general Aflembly, (hall, on the three ajid' twentieth Day of the fecond Month yearly, elecl and prefent to the Governor, or his Deputy, j double Number of Perfons to ferve for Sheriffs Juftices of the Peace, and Coroners, for the Yej; next enfuing ; out of which refpedive Ele61ioci »nd Prefentments, the Governor or his Deput? ihall nominate and commiffionate the proper Nw ber for each Office the third Day after the k Prefentments ; or elfe the firft named in fuchPre. fentment for each Office, ihall ftand and ferve k that Office the Year enfuing. XVIII. But forafmuch as the prefent Condition of t!^ Province requires fome immediate Settlement, aci admits not of fo quick a Rcvolutior.: of Office/ij and to the End the faid Province may, withi convenient Speed, be well ordered and fettled,! ^iiiiam Penn do therefore think fit to nomiiM and appoint fuch Perfons for Judges, Treafurers, Mafters of the Rolls, Sheriffs, Juftices oftk Peace, and C>oroners, as are moft fitly quaiific for thofe Employments ; to whom I (hall dL\ and grant Commiffions for the faid Offices, r^ fpecElively, to hold to them to whom the im {hall be granted, for fo long Time as every I Perfon iliall well behave himfelf in the OCicea Place to him refpedtively granted, and no longc And upon the Deceafe or difplacing of any ofti faid Officers, the fucceeding Officer or Offics ihall be chofen as aforefaid. i XIX. That the general AfTembly fhall continue! long as may be needful to impeach Criminals i I ( 195 ) to be there impeached, to pafs Bills into Laws that they fhall think fit to pafs into Laws, and till fuch Time as the Governor and provincial Coun- cil fhall declare that they have nothing further to propofe unto them for their AfTent and Approba- tion : And that Declaration fhall be a Dilmifs to I the general AfTembly for that Time ; which general lAITembly fhall be notwithflanding capable of af- [femWing together upon the Summons of the pro- Ivincial Council, at any Time during that Year, if [the faid provincial Council fliall fee Occafion for Itheir fo afTembling. XX. That all the Ele£l:ions of Members or Repre- lentatives of the People to ferve in provincial Coun- cil and general AfTcmbJy, and all Queftions to be ietermined by both or either of them, that relate pafling of Bills into Laws, to the Choice of )iRcers, to ImpeachmenUi made by the general Lflembly, and Judgment of Criminals upon fuch mpcachments by the provincial Council, and to II othtr Cafes by them refpe£li vely judged of Im- brtance, fhall be refolved and determined by the [allot ', and unlefs, on fudden and indifpeniible iccaficns, no Bufmefs in provincial Council, or 1 refpedive Committees, fliall be finally deter- Ined the fame Day that it is mov^d. XXL ■That at all Times, when, and fo often, as it ill happen, that the Governor (hall or may be Infant under the Age of one and twenty Years, ^ no Guardians or Commiflioners are appointed Vriting by the Father of the faid Infant, or It fuch Guardians or Commiflioners fhall be :eafed ; that during fuch Minority, the provin- ' Council fhall, from Time to Time, as they l^ fee meet, conftitute and appoint Guardian* 'Ommiffioners, not exceeding three j one of K 2 which ^■\ v« ■ m m ■\- A I ,»1 I il i m :::il m s '!?:»« f! ■1\ ft . V i ■4ml hi ' «: ( '96 ) which three {hall prefide as Deputy and chitf Guardian, during fuch Minority, and Cball have and execute, with the Confent of the other two all the Power of a Governofj in all t ht Affairs and Concerns of the faid Province, XXII. That as often as any Day of the Month men. tioned in any Article of this Charter, fhall fajj upon the firft Day of the Week, commonly called the Lord's Day^ the Bulinefs appointed for thai Day (hall be deferred till the next Day, unlefsln Cafe of Emergency. XXIII. That no A6i:, Law, or Ordinance whatfocier, Ihall at any Time hereafter be made or done by the Governor of this Province, his Heirs or Af- figns, or by the Freemen in the provincial Coun- cil, or the general AfTembly, to alter, change of diminifh the Form or Effe£l of this Charter, or any Part or Claufe thereof, or contrary to thetnit Intent and Meaning thereof, without the Confeni of the Governor, his Heirs or Afligns, andlk Parts of feven of the faid Freemen in provincial Council and general Affembly, XXIV. And laftly. That I the faid Wtlliam Penn, k myfelf, my Heirs and Afligns, have foleninlyde. clared, granted, and connrmed, and do hereh folemnly declare, grant, and confirm, Thatnei ther I, my Heirs nor AfRgns, fhall procure or k any Thing or Things, whereby the Liberties!: this Charter, contained and exprefTed, fhall bcio fringed or broken ; and if any Thing be procuit* by any Perfon or Perfons contraiy to thefc Pk miflcs, it fhall be held of no Force or Effed. is Witnefs whereof, I the faid William Penn haR unto this prefent Charter of Liberties fet my Hai)| and Broad Seal, i\\\s five- and-twentieth Day of tt^ fccc:.f ( ^97 ) fccond Month, vulgarly^ called yfprily in the Year of our LQR1> One Thou/and Six Hundred and ■ William Penn. . '1 LAWS agreed upon in England, &c. THAT the Charter of LihertLes, declared, granted, and confirn&ed the fivg-and-twentieth Day of the fecond Month, called Jprily 16&2, before divers Witnefles, by William Penn^ Go- vernor and chief Proprietor of PeTtn/yhf^nia^ to all the Freemen and Planters of the (aid Province, 13 hereby declared and approved^ aad fhall be for ever held for Fundamental in the Government thereof, according to the Limitations mentioned in the iaid Charter. 11. That titry Inhabitant in the faid Province, that is, or fhall be a Purchafer of one hundred Acres of Land, or upwards, his Heirs and Affigns, and every Pcrfon who fliall have paid his Paf- fage, and taken up one hundred Acres of Land, at one Penny an Acre, and have cultivated ten Acres thereof ; and every Perfon that hath been a Ser- vant or BondXbkian, and is free by his Service^ that fhall have taken up his fifty Acres of Land, and cultivated twenty thereof; and every In- habitant, Artificer, or other Refident, in the faid Province, that pays Scot and Lot to the Government, (hall be deemed and accounted a Freeman of the fnid Province : And every fuch KT 3 Perfon I; ■i i I Mi Si h H 1 _ i W '< i!r . 'I'' J It « lis ( »98 ) Perfon fhall and may be capable of electing, or being eleded Reprefentatives of the People in pro. vincial Council, or general Ailembly in the faid Province. III. That all ElecEtions of Members, or Reprefen. tatives of the People and Freemen of the Province of Pennfylvania^ to ferve in provincial Council or general AfTembly to be held within the faid Pro. vince, fhall be free and voluntary: And that the Eledtor that Ihall receive any Reward or Gift, in Meat, Drink, Monies, or otherwife, (hall forfeit his Right to eledl:; and fuch Perfon as (hall di- tedlly or indirectly give, promife, or beftowany fuch Reward, as aforefaid, to be eleded, fhall for. feit his Election, and be thereby incapable to ferve as aforefaid : And the provincial Council and g^ neral AfTembly fhall be the folc Judges uf the Re- gularity or Irregularity of the Ele^ions of theif own refpc6livc Members. IV. ' That no Money or Goods fhall be raifed upon, or paid by any of the People of this Province, by way of Public Tax, Cuflom, or Contribution, but by a Law for that Purpofe made j iind who- foever fhall levy, colled, or pay any Money or Goods contrary thereunto, fhall be held a public Enemy to the Province, and a Betrayer of the Liberties of the People thereof. V. That all Courts fhall be open, and Juflice fhall neither be fold, denied, nor delayed. VL That in all Courts, all Perfons of all Perfua- fions may freely appear in their own Way, and according to their own Manner, and there per- fonally plead their own Caufe themfelves ; or it luiabie, their Friend : And the iirfl Procefs fliall 4e t 4 ^ c m ) be the Exhibition of the Complaint in Conrt, fourteen Days before the Trial ; and that the Party complained againft may be fitted for the fame, he or fhe (hall be fummoned, no lefs than ten Days before, and a Copy of the Complaint delivered him or her, at his or her Dwelling-houfe. But before the Complaint of any Perfon be received, he {hall folemnly declare in Court, That he believes in his Confcience his Caufe is juft. VII. That all Pleadings, ProcefTes, and Records in Court fhall be fhort, and in Englljh^ and in an ordinary and plain Charadler, that they may be underftood, and Juftice fpeedily adminiftred. VIIL That all Trials fhall be by twelve Men, and as near as may be, Peers or Equals, and of the Neighbourhood, and Men without juft Exception in Cafes of Life. There (hall be firft twenty-four returned by the Sheriffs for a Grand Inqueft, of whom twelve at leaft fhall find the Complaint to be true ; and then the twelve M'en, or Peers, to be likewife returned by the Sheriff, fhall have the final Judgment. But reafonable Challenges fhall be always admitted againft the faid twelve Men, or any of them. IX. That all Fees in all Cafes fhall be moderate, and fettled by the provincial Council and general AfTenibly, and be hung up in a Table in ever/ refpedive Court; and whofoever fhall be con- vidled of taking more, fhall pay two-fold, and be difmifled his Employment, one Moiety of which fhall go to the Party wronged. m -' ir" % K X, ( 200 ) X. That a1] Prifons fhall be Work-houfes for Fc- Jons, Vagrants, and loofe and idle Perfons ^ where. of one (hall be in every County. That all Prifoncrs fhall be bailable by fuiKcIent Sureties, unlefs for capital Offences, where the Proof is evident, or the Prefuinption great. XIT. That all Perfons wrongfully imprifoned or pro- fecuted at Law, (hall have dbuble Damages againft the Informer or Profecutor, XIII. That all Prifons fhall be free as to Fees, Food, and Lodging. XIV. That all Lands and Goods fhall be liable to pay Debts, except whepe there is legal Ifilie, and tften all the Goods, ond one Third of the Land only. XV. That all Wills in Writing, aftefled by two Wit ncffesj fhali be of the fame Force^ aa to Lands, as othej: Conveyances, being legally proved within forty Days, either within of without the faid Pro- vmce. XVL That (evfen Years q^iet PofTef&on fhaJl give arr vnqueftionable Right, except in Cafes of Infamsy Lunaticks, married Women, or Perfons beyond the Seas. ■ • XVIL That all Briberies, and Extortions whatfoever, fhall be fcverely punifhed. XVIII. That all Fines (hall be moderate, and faving Mens Contcncmcnts, Merchandize, or Wainage. ' XIX. ( 201 ) XIX. That all Marriages (not forbidden by the Law of God, as to Nearnefs of Blood and Affinity by Marriage) fhall be encouraged ; but the Parents or Guardians fhall be firfl confulted, and the Mar- riage (hall be publiihed before it be folemnized ; and it (hall be folemnized by taking one another as Huiband and Wife, before credible WitnclTes, and a Certificate of the whole, under the Hands of Parties and Witnefles, (hall be brought to the proper , Re^ifier of that County, and (hall be regiftred in his^Office. XX. And to prevent Frauds and vexatious Suits with- in the faid Province, that all Charters, Gifts, Grants, and Conveyances of Land, (except Leafes for a Year or under) and all fiills. Bonds, and Specialities dbovefive Pounds^ and not under three Months, made in the faid Province, (hall be en- rolled or regiftercd in the publick Enrollment-Office of the faid Province, within the Space of two Months next after the making thereof, elfe to be void in Law. And al) Deeds, Grants, and Con- veyances of Land (except as aforefaid) within the faid Province, and made out of the faid Province, (hall be enrolled or regiflered as aforefaid, within fix Months next after the making thereof, and fettling and conftituting an Enrollment- Office or Regiftry within the faid Province, elfe to be void in Law againfl: all Perfons whatfoever. XXL That all Defacers or Corrupters of Charters, Gifts, Grants, Bonds, Bills, Wills, Contrads, and Conveyances, or that fhall deface or falfify any Enrollment, Regiftry or Record within this Pro- vince, (hall make double Satisfadion for the fame ; half whereof ihall go to the Party wronged, and K 5 they vA s} m ' n w '■1 ?.l \m m •fj-.t > ^1 tl 1*1 •n-ff ■ "1 hi W .1 M. i ar- ( 202 ) they (hall be tlifmifl'ed of all Places of Truft, and be publickly ilifgraced as falfc Men. XXII. That there (hall be a Rcgifter for Births, M ringcs, Burials, Wills, and Letters uf Admin ilration^ difliuiSl from the other Regiflry. XXIII. That there (hall he a Regiflcr for all Servant, where their Names, Time, Wages, and Daysol Payment (hall be rcgiftrcd. XXIV. That all Lands and Goods of Felons (hall k liable to make Sativsfa£lion to the Party wrongcJ twice the Value ; and for Want of Lands or Goods, the Felons (hall be Bondmen, to work in the common Prifon or Work-houfe, or othcrwifc, till the Party injured be fatisRcd. XXV. That the Eftatcs of capital Offenders, as Traj. tors and Murderers, (liall go one Third to the next of Kin to the Sufferer, and the Remainder to the next of Kin to the Criminal. XXVL That all Witneffcs, coming or called to tellify their Knowledge in or to any Matter or Thing in any Court, or before any lawful Authority within the faid Province, (hall there give or deliver in their Evidence or Teftimony by folemnly pro- mifing to fpcak the Truth, the whole Truth, and nothing bm the Truth, to the Matter or Thing in QuclHon. And in Cafe any Pcrfon fo called to Evidence, (liall be convitSlcd of wilful FaKhood, fucii Petfon (hall fuffcr and undergo fuch Damage or Penalty, as the Pcrfon or Perfons againft whom he or (he b(Te falfe Witnefs, did or (hould under- go J and (hali alfo make Satisfadlion to the Party wronged, and be publickly cxpofed as a falfe Wit- nefs, 8 of Trun, ^r Births, Mar. !r3 of Adiniiii. igiftry. for »ll Servants, cs, and Days of Felons fhalHc e Party wrongd nt of Lands or men, to work in fc, or othcrwifc, endcrs, as Trai- fhird to the next Remainder to the r called to teftify itter or Thing in \uthority within vc or deliver in y folemnly pro- rhole Truth, and Matter or Thing crfon fo called to wilful Falfhood, go fuch Damage ms againft whom or ihould under- ion to the Party ed ^s a falfe Wit- nefs, I I ( 203 ) ncfs, never to be credited in any Court, or before any M.\ % > ^1 ', r ^ « r •: ^:i ■ T—MI .'T' •i I I ( 206 ) XXXIX. ' That there (hall be at no Time any Alteration of any of thefe Laws, without the Confent of the Governor, his Heirs or Alligns, and fix Parts of feven of the Freemen, met in provincial Council and general AfTcmbly. XL. That all other Matters and Things not herein provided for, which (hall and may concern the publick Juftice, Peace, or Safety of the faid Pro. vince ; and the raifing and impofing Taxes, Cu- ftoms,^ Duties, or other Charges whatfoever, fhall be and are hereby referred to 5ie Order, Prudence, and Determination of the Governor and Freemen in provincial Council and general AfTembly, to be held from Time to Time in the faid Province. Signed and Sealed by the Governor and Freenun \ aforefaid^ the fifth Day of the third Months , . . called May, Om Thoujand Six Hundred and Eighty-Two. s J Cortaln _ *,'<' ( 207 ) .«• ii ^t0^&mp&m^»&m?(fi0^dw^ i .' » A • V ) '» Certain Conditions or Concessions agreed upon by William Penn, Proprietor and Governor of the Province of Pennfylvania, and tbofe who are the Adventurers and Purchasers in the fame Province^ the Ele- venth of July, One Thoufand Six Hundred and Eighty- one.. J A.W «■» ra. .i It > FIRST. TH A T fo foon as it pleafeth God, that the abovefaid Perfons arrive there, a certain Quantity of Land or Ground Plat, (hall be laid out for a large Town or City, in the moft conve- nient Place upon the River for Health and Navi- gation ; and every Purchafer and Adventurer (hall by Lot have fo much Land therein as will an- fwer to the Proportion which he hath bought or taken up upon Rent : But it is to be noted, that the Surve) ors (hall confider what Roads or High- ways will be neceflary to the Cities, Towns, or through the Lands. Great Roads from City to City (hall not contain lefs than forty Feet in Breadth, and fhall be firil laid out and declared to be for Highways, before the Dividend of Acres be laid out for the Purchafer; and the like Obfer- vation to be had for the Streets in the Towns and Cities, that there may be convenient Roads and Streets preferved, not to be encroached upon by any Planter or Builder, that none may build irre- gularly : .T I n «i *4, I > ft* Hi > 4 H ■.'il. .■ ( 208 ) gularly to the Damage of another. In thisy Cu- /iom governs* -i That the Land in the Town be laid out toge. ther after the Proportion of ten thou/and Acres of the whole Country, that is, two hundred Acres if the Place will bear it : However, that the Propor- tion be by Lot, and entire, (b as thofe that defire to be together, efpecially thofe that are by the Ca« talogj'ae laid together, may be fo laid together both in the Town and Country. 111. That when the Country- Lots are laid out, every Purchafcr, from one thoufand to ten tboufand Acres, or more, not to have above one thoufand Acres to- gether, unlefs in three Years they plant a Family upon every thoufand Acres ; but that all fuch as purchafe together, lie together ; and if as many as comply with this Condition, that the whole be laid out together., . • IV. That where any Number of Purchafers, more or lefs, whofe Number of Acres amounts iofive or ten thoufand Acres, defire to fit together in a Lot or Townfliip, they {hall have their Lot or Tovi^n- fhip caft together, in fuch Places as have conve- nient Harbours or navigable Rivers attending it, if fuch can be found j and in Cafe any one or more Purchafers plant not according to Agreement in this Conceffion, to the Prejudice of others of the fame Townfiiip, upon Complaint thereof made to the Governor or his Deputy, with Affiftance, they may award (if they fee Caufe) that the complain- ing Purchafer may, paying the Survey-Money, and Purchafe-Money, and Intereft thereof, be en- titled, inrolled, and lawfully invefled in the Lands fo notfeated. V. ( 209 ) V. That the Proportion of Lands that (hall be kid out in the firft great Town or City, for every Pur- chafer, (hall be after the Proportion of ten Acres for every fivi bundnd Acres purchafed, if the Place will allow it. VI. That notwithftanding there be no Mention made, in the feveral Deeda made to the Purchaiera, yet the fald JVtlliam Perm does accord and declare^ that all Rivers, Rivulets, Woods and Underwoods, Water, Water- coiirfes, Quarries, Mines, and Mi- nerals, (except Mines Royal) fhall be freely and fully enjoyed, and wholly by the Purchafers, into whofe tot they fall. VII. That for every ^;/ Acres that fhall be allotted to a Servant at the End of his Service, his Quit- Rent (hall be two Shi/iings per Armuniy and the Mafter or Owner of the Servant, when he (hali take u^ the other y^/y Acres, his Quit-Rent (haJI Wfour ^killings bv the Year $ or if the Mafter of the Servant (by Keafon in the Indentures he is fo obliged to do) allot out to the Servant fifty Acres in his own Diviiion, the faid Mailer mall havei on Demand allotted him, from the Governor, the one hundred Acrts^ at the chief Rent oi fix Shillings per Annum, VIII. And for the Encouragement of fuch as are in- genious, and willing to fearch out Gold and Silver Mines in this Province, it is hereby agreed, that they have Liberty to bore and dig in. any Man's Property, fully paying the Damage done 5 and in Cafe a Difcovery fhould be made, that the Dif- coverer have one fifths the Owner of the Soil (if not the Difcoverer; a ttnth Part, the Governor tw9 fifths. m\ I i'l^ I' : III ! )fB '^;!.; I m ' m i ■A '. ' 'ill M' m: iH r 4 1 {"ffl 11 ^B^n'' '': ' T 9 1 ( 210 ) ^//jx, and the reft to the publick Treafury, faving to the King the Share referved by Patent. IX. In every hundred thou/and Acres, the Governor and Proprietary, by Lot, referveth ten to himfelf, what fhall lie but in one Place. X. That every Man fhall be bound to plant or man U> much of his Share of Land as (hall be fet out and furveyed, within three Years after it is fo fet out and furveyed, or elfe it fhall be lawful for new Comers to be fettled thereupon, paying to them their Survey-Money, and they go up higher for their Shares. XL There fhall be no buying and felling, be it with an Indian^ or one among another, of any Goods to be exported, but what fhall be performed in pub- lick Market, when fuch Places fhall be fet apart or ere(Sled, where they fhall pafs the publick Stamp or Mark. If bad Ware, and prized as good, or deceitful in Proportion or Weight, to forfeit the Value as if good and full Weight and Proportion, to the publick Treafury of the Province, whe- ther it be the Merchandize of the Indian^ or that of the Planters. XIL And forafmuch as It is ufual with the Plantefs, to over- reach the poor Natives of the Country in Trade, by Goods not being good of the Kind, or debafec; with Mixtures, with which they are fen- f^bly aggrieved, it is agreed, whatever is fold to the Ind'wnsy in Confideration of their Furs, (hall be fold in the Market-place, and there fuffer the Teft, whether good or bad; if good, to pafs; if not good, not to be fold for good, that the Natives may not be abufcd nor provoked. XIII. \ 2tt ) XIII. That no Man (hall by any Ways or Means, in Word or Deed, affront or wrong any Indian^ but he (hall incur the fame Penalty of the Law, as if he had committed it againft his FeHow-Planter j and if any Indian (hall abufe, in Word or Deed, any Planter of this Province, that he (hall not be his own Judge upon the Indian^ but he (hall make his Complaint to the Governor of the Province, or his Lieutenant or Deputy, or fome inferior Ma- giftrate near him, who fhall, to the utmoft of his Power, take Care with the King of the faid /«- dian^ that all reafonable Satisfaction be made to the faid injured Planter. XIV. That all Differences between the Planters and the Natives, (hall alfo be ended by twelve Mert, that is, \iy fix Planters and fiDH Natives, that fo we may live friendly together as much as in us liethj^ preventing all Occafions of Heart-burnings and Mifchief. XV. That the Indians fhall, have Liberty to do all Things relating to the Improvement of their Ground, and providing Suftenance for thejr Fami- lies, that any of the Planters fhall enjoy, XVL That the Laws as to Slanders, Drunkennefs, Swearing, Curfing, Pride in Apparel, Trefpaffes, Diftreifes, Replevins, Weights and Meafures, (hall be the fame as in England^ till altered by Law in this Province. XVIL That all (hall mark their Hogs, Sheep, and other Cattle, and what are not marked within three Months after it is in their Poffeffion, be it young or old, it fhall be forfeited to the Governor^ that 1 m m ' 'ii Kh' .'II I'll I M\<^ liffipi ■*Ha 'II ^ ( 2ia ) that fo People may be compelled tc avoid the Oc- cafions of much Strife between Planters. XVIII. That in clearing the Ground, Care be taken to leave one Acre of Trees for every five Acres cleared, efpecially to preferve Oak and Mulberries for Silk and Shipping, XIX. That all Ship-Mafters fhail give an Account of their Countiies, Names, Ships, Owners, Freights and PafTengers,. to an Officer to be appointed for that Purpofe, which (hall be regiflrcd within two Days after their Arrival ; and if they fhall refufe fo to do, that then none prefume to trade with^ them, upon Forfeiture thereof ^ and that fuch Maflers be looked upon as having an evil Intention to the Province. XX. That no Perfon leave the Province, without Publication being made thereof, in the Market- place, three Weeks before, and a Certificate from fome Juftice of the Peace, of his Clearnefs with his Nei^bours, and thofe he hath dealt w^hal, fo far as fuch an AfTurance can be attained and given: And if any Mafter of a Ship fhall, contrary here- unto, receive and carry away any Perfon, that hath not given that publick Notice, the faid Ma- iler fhall be liable to all Debts owing by the faid Perfon, fo fecretly tranfported from the Province. Lq/ify, that thsfe are to be added to, or corredled, by and with the Confcnt ot the Parties hereunto fubfcribed. William Penn. Sealed and delivered in the Prefence of William Boelham, Harbert Springet, Thomas Prudyard* .LIAM PeNN. ( 213 ) Sealed and delivered in the Prefence of all the Pro' prietors who have hereunto fubfcribed^f except Thomas Farrinborrough and John Goodfon, in the Prefence of ■i Hugh Chamberlen, R. Murray, Harbcrt Springet, Humphry South, Thomas Barker, Samuel Jobfon^ John-Jofeph Moore, Willam Powell, Richard Davie, Griffith Jones, . Hugh Lambe, Thomas Farrinborrough, John Goodfon. A^ A C T £?/ S E T TL E M E M T, imdc at Chefter, 1682. WHEREAS William Penn, Proprietary and Gov^nor of the Province of Pennjyl^ vaniay and Territories thereunto belonging, hath, out of his great Kindnei's and Goodnefs to the In- habitants thereof, been favourably plcafed to give and grant unto them a Charter of Liberties and Privileges, dated the Twenty-fifth Day of the fe- cmd Month , One Thoufand Six Hundred and Eighty ^ two : By which Charter it is faid, the Government fhall confift of the Governor and Freemen of the laid Province, in the Form of a provincial Council and general Aflembly ; and that the provincial Council (hall confift of fventy-two Members, to be chofen by the Freemen ; and that the general AfTembly may, the ^r/? Year, confift of the whole Body of the Freeholders, and ever after of an elected Number, not exceeding two hundred Per- fons, without the Confent of the provincial Coun- cil and general Aflembly : And Aich AfTembly to fit yearly on the twentieth Day of the third Month, '•II ■;'''l m m |i» I* ' I m ^^:m if w l,Mv *|1 ii; V Wm ( 214 ) as in the ^Jry?, fecond^ thirds ftxth^ fiurtemth and ftxteenth Articles of the Charter, Reference being thereunto had, doth more at large appear. And forafmuch as this Charter was the firji of thofe probationary Laws, that were agreed to and made by und between the Proprietary, and Governor, and Freemen in England^ that were Purchafers in this Province, which faid Laws, in the whole and in every Part thereof, were to be fabmitted to the Explanation and Confirmation of the firJi provincial Council and general Allembly that was to be held in this Province, as by the Title and Jirji Law of the faid Agreement doth plainly appear. , . * And whereas, the Proprietary and Governor hath, according to that Charter, iflued out Writs to the refpedlive Sheriffs of the Jix Counties of this Province, to fummon the Freemen thereof, to chufe in each County twelve Perfons of moft Note for their Sobriety, Wifdom, and Integrity, to ferve in provincial Council ; and alfo to inform the Freemen that they might come, for this Time, in their own Perfons, to make up a general Affembly, according to Charter. And that the faid rcfpedivc Sheriffs hy their Returns, ^nd the Freemen by their Petitions to the Proprietary and Governor, have plainly declared, that the Fewnefs of the People, their Inability in Eflate, and Unfkilfulnefs in Matters of Government, wUl not permit them to ferve in fo large a Council and AfTembly, as by the Charter is exprefTed ; and therefore do defire, that the Members now chofen to be their Deputies and Reprefentatives, may ferve both for provincial Council and general AfTembly j that is to fay, three out of each County for the provincial Council, and the remaining nine for the general AfTembly, according to AcSl:, as fully and amply as if the faid provincial Council and general Aiiembly had con- fifted ■ f ( 2»5 ) fifted of the faid Numbers of Members mentioned in the Charter of Liberties ; upon Confideration of thePrem*.Tes, and that the Proprietary and Governor jnay teftify nis great Willingnefs to comply with that which may be moft eafy and pleafing, he is willing that it be enadled : And be it Enabled by the Proprietary and Go- vernor, by and with the unanimous Advice and Confent of the Freemen of this Province, and Territories thereunto belonging, in provincial Council and general AfTembly met. That the Numbers defired by the Inhabitants in their feveral Petitions, and exprefs'd to be their Defires by the Sheriffs Returns to the Proprietary and Governor, to ferve as the provincial Council and general Aflembly, be allowed and taken, to all Intents and Purpofes, to be the provincial Council and general AflemHy of this Province : And that the ^orum {hall be proportiofiably fettled, according to the Method exprefs'd in the fifth Article ; that is to fay, two thirds to make a Quorum in extraordinary Cafes, and one third in ordinary Cafes, as is pro- vided in the faid fifth Article : Which faid provin- cial Council and general Aflembly, fo already chofen, are and fhall be held and reputed the legal provincial Council and general Aflembly of the Province and Territories thereof, for this prefcRt Year; and that from and after the Expiration of this prefent Year, the provincial Council fliali confift of three Perfons out of each County, as aforefaid; and the Aflembly fhall confift ofy^ Perfons out of «ach County ; which faid provincial Council and general Afl^embly may be hereafter enlarged, as the Governor, and provincial Council and Aflembly (hall fee Caufe, foas the faid Number do not, at any Time, exceed the Limitations ex- prefs'd in the third and fixteenth Article of the Charter, any Thing in this A ^4f ' ll'l ( 2«8 ) prayed Leavo hereby to declare their moft hearty Acceptance of the faid Charter, and their humble Acknowledgments for the fame, folemnly pro. mifing, ^hat they will inviolably obferve and keep the fame, except as is therein excepted, and ujll neither diredUy nor indiredly contrive, propofc enadl, or do any Thing or Things whatfoever, bv Virtue of the Power thereby p;ranted unto them that fhall or may rebound to the Prejudice orDif- advantage of the Proprietary and Governor, his Heirs and SuccefTors, in their jufl Rights, Pro. pcrties and Privileges, granted to him and them by the King's Letters Patents, and Deeds of Releafe and Feoffment made to him by J AMES^ Duke of York and Albany, ^c, and whom they defire may be hereby acknowledged and recognized the true and rightful Proprietaries and Governors of the Province of Pennfylvania^ and Territories an- nexed, according to the King's Letters Patents, and Deeds of Releafe and Feoffment from Jamt^ Duke of York and Albany^ unto the faid Proprie- tary and Governor, his Heirs and SuccefTors; any Thing in this Adi, or any other Adt, Grant, Charter, or Law, to the contrary of thefe Things herein and hereby explained, altered, limitted, promifed, declared, and enacted, in any wife not- Avithftanding. . - ne FRAME of the Government of tk\ Province of Pennfylvania, and Terriiorki\ thereunto annexed in Am^ncdi. TO all Perfons, To whom thefe Prefents maj come. WHEREAS King CHARLES k Second^ by his Letters Patents, under the Great ( 2'9 ) Seal of Ettghmdy bearing Date the fourth Day of Marchy in the tlnrty and third Year of the King, for divers Confiderations therein mentioned, hath been gracioufly pleafed to give and grant unto mc IViliuim Penn (by the Name of If^iUlatn Penn^ Efq; Son and Heir of Sir IVi Ilia m Penn y deceafcd) and to my Heirs and Affigns for ever, all that l>a(^ of Land, or Province, called Pennfylvaniay in America y with divers great Powers, Prchemi- nences, Royalties, JurifditiHons, and Authorities^, necefl'ary for the Well-being and Government thereof. And W H E R E A S the King's deareft Brother, James^ Duke of York and Albany^ ^c, by his Deeds of FeofFment, under his Hand and Seal, duly perfected, bearing Date t z four -and- twentieth Day of Augujly One Thoufand Stx Hundred Eighy andTwoy did grant unto me, my Heirs and Af- figns, all that Tra6l of Land, lying and being from twelve Miles Northward of New-Cajlle upon Delaware River, in America y to Cape Hinlopen^ upon the faid River and Bay of Delaware South- ward, together with all Koyalties, Franchifes, Duties, Jurifdi6tions, Liberties and Privileges there- unto belonging. Now know yc. That for the Well-being and good Government of the faid Province, and Ter- ritories thereunto annexed, and for the Encou- ragement of all the Freemen and Planters, that may be therein concerned, in Purfuance of the , Rights and Powers afore-menlioned, I the faid William Penn have declared, granted and confirm- ed, and by thefe Prefents, for me, my Heirs and [Affigns, do declare, grant and confirm unto all the Freemen, Planters and Adventurers of, in and Ito the faid Province and Territories thereof, thefc jLiberties, Franchifes and Properties, fo far as iij le lyeth, to be held, enjoyed and kept by the recmen, Planters and Adventurers of and in the L 2 faid :1 N 1 %^ ti>^.i '♦If . I'L 1 1 ''lia f'Anii'llIf if* ».i i1& ' II' fi. ( The Members of Andrews Bringjioti^ Simon Ironsy John Wood, John Curtis, ^ Daniel Brown, IVilliam FuUher, John KipJJmven, Alexander Molejiine, ypiohert Bracy, itn, Thomas Bracy, fViUiam Tardly, John Hajiings, Robert IVade^ Thomas Hajfald, "John Hart^ Robert Hall, Robert Bedwell, William Sunjmore, 230 ) the Affembly prefent, Samuel Darke, ' Robert Lucas, James Williams, ^ " John Blunjlon, , John Scnghurjl, ' John Hill, ;\ Nicholas Wain, ' Thomas Fitzwalter, John Clows, ' ■ Luh Watfon, Jofeph Phipps, Dennis Rotchford, John Brinklair, Henry Bowman, Cornelius Verhoofe, John Southworth, CIr of the Synod. Some of the Inhabitants of Philadelphia prefenr. Wtlliam Howel, Edmund Warner, Henry Lewis, Samuel Miles, h \'i ^/S/ CHARTER of the City of VUh LADELPHIA. TI/^ ILLIAM PR NN, Proprietary and Go- '^ vernor of the Province of Pennfylvania, Sic. To all to whom thefe Prefents fhall come, fends greeting. KNOW YE, That at the humble RequeXi of the Inhabitants and Settlers of this Town ( 231 ) Town of Philadelphia y being fome of the firft Ad- venturers and Purchafers within this Province, for their Encouragement, and for the more immediate and entire Government of the faid Town, and better Reg;ulation of Trade therein : I have, by Vir- tue of the King's Letters Patent, under the Great Seal of England^ ere£led the faid Town into a Bo- rough, and by thefe Prefents do eredl the faid Town and Borough of Philadelphia into a City ; which City fhall extend the Limits and Bounds, as it is laid out between Delaware and SkuylkilL And I do for me, my Heirs and Afligns, grant and ordain, that the Streets of the faid City fhall for ever continue as they are now laid out and re- gulated ; and that the End of each Street extend- ing into the River Delaivarc^ fhall be and continue free for the Ufe and Service of the faid City, and the Inhabitants thereof, who may improve the fame for the befl Advantage of the City, and b'lild Wharfs fo far out into the River there, as the Mayor, Aldermen, and Common-Council, \vixt\n after mentioned, fhall fee meet. And I do nominate Edward Shippen to be the prefent Mayor, who fhall fo continue until another be chofen as is herein after diredted. And I do hereby affign and name Thomas Siory to be the prefent Recorder, to do and execute all Things which unto the Office of Recorder of the faid City doth or may belong. And I do appoint Thomas Farmer to be the pre- fent Sheriff", and Robert Asjheton to be prefent Town-clerk, and Clerk of the Peace, and Clerk of the Court and Courts. And I do hereby name, conflitute, and appoint, ^ojhua Carpenter^ Griffith "Jones^ Anthony Morris^ Jofeph Wilcox^ Nathan Stanbury^ Charles Rea^ Thomas MajUrs^ and Williwn Carter^ Citizens and I'M ; :ii 'i ( 232 ) and Inhabitants of the Taid City, to be the prefent Aldermen of the faid City of Philadelphia. And I do alfo nominate and appoint John Par" fins^ William Hudfon^ William Lee^ Nehemiah Alhn^ Thomas Pafchal^ John Bud^ jun. Edward Stnout^ Samuel Buckley^ James Aikinfon^ Pentecoft Teague^ Francis Cook^ and Henry Badcocke^ to be the twelve prefent Common-council Men of the faid City. And I do by thefe Prefents, for me, my Heirs and SuccefTors, give, grant and declare, that the faid Mayor, Recorder, Aldermen, and Common- council Men for the Time being, and they which hereafter fhall be Mayor, Recorder, Aldermen and Common- council Men within the faid City, and their Succeflbrs, for ever hereafter, be and mall be, by Virtue of thefe Prefents, one Body corporate and politick in Deed, and by the Name of the Mayor and Commonalty of the City of Philadel- phia^ in the Province of Pennfylvania : And them by the Name of Mayor and Commonalty of the City of Philadelphia^ one Body politick and cor- porate in Deed and in Name, I do for me, my Heirs and Succeflbrs, fully create, conftitute and confirm, by thefe Prefents ; and that by the fame Name of Mayor and Commonalty of the City of Philadelphia^ they may have perpetual Succeflion ; and that they and their Succeflbrs, by the Name of Mayor and Commonalty of the City of Philadel- phia^ be, and at all Times hereafter fhall be, Per- ibns able and capable in Law, to have, get, receive, and pofTefs, Lands and Tenements, Rents, Liberties, Jurifdidlions, Franchifes and Hereditaments, to them and their SuccefTors in Fee-fimple, or for Term of Life, Lives, Years, or otherwife ; and alfo Goods, Chatties, and other Things, of what Nature, Kind, or Quality foever. And alfo to give, grant, let, fell and afHgn the fame LaudS) 1 enements^ Hereditaments^ Goods, Chatties, (^33 ) Chatties, and io do and execute all other Things about the fame, by the Name aforefaid ; and alio that they be, and mall be, for ever hereafter, Perfons able and capable in Law, to fue and be fued, plead and be impleaded, anfwer and be anfwered unto, defend and be defended, in all or any the Courts and other Places, and before any Judges, Juftices, and other Perfons whatfoever within the faid Pro- vince, in all Manner of Actions, Suits, Com- plaints, Pleas, Caufes and Matters whatfoever, and of what Nature or Kind foever. And that it (ball and may be lawful to and for the faid Mayor and Commonalty of the faid City of Philadelphia^ and their Succeflbrs, for ever here- after, to have and ufe one common Seal, for the fealing of all Bufmeffes touching the faid Corpora- tion, and the fame from Time to Time at their Will and Pleafure to change or alter. And I do foi: me, my Heirs and Succeflbrs, give, and by thefe Prefents, grant full Power aud Au* thority unto the Mayor, Recorder and Common- Council of the faid City oi Philadelphia^ ox any five or more of the Aldermen, and nine or more of the Common-Councrl-Men, the Mayor and Recorder for the Time being, or either of them, being prefent, on the firji third Day of the Week, in the eighth Month yearly for ever hereafter, pub- lickly to meet at a convenient Room or Place with- in the faid City, to be by them appointed for that Purpofe, and then an I there nominate, ele£l and chufe one of the Aldermen to be Mayor for that enfuing Year. ^ ,.>, ?.i.. - :. jn-r - i And alfo to add to the Number of Alderman and Common-Council-Men, fuch and fo mar/ of thofe, that by Virtue of thefe Prefents fhall be ad- mitted Freemen of the faid City from Time to Time, as they, the faid Mayor, Aldermen and Common-Council ihall &e Occafion. And I' m 'M m ..!!'! 'il' * ( 234 ) And that fuch Perfon who (hall be fo eleded Mayor aforefaid, (hall within /^r^^ Days next after fuch Election, be prefented before the Governor of this Province, or his Deputy for the Time be- ing, and there ihall fubfcribe the Declarations and Profeflion of his chriftian Belief, according to the late Adl of Parliament made in thtfirjl Year of King fVillianifi ReigO> entitled, An A6ifoY exempt- ing their Majejiies SuhjeJfs dijfenting from the Church of England, from the Penalties of certain Laws ; and then and there the Mayor fo prefented, (hall make his folemn Affirmation and Engagement for the due Execution of his Office. And that the Recorder, Sheriff, Aldermen, and Common-Council -Men, and all other Officers of the faid City, before they qr any of them (hall he admitted to execute their refpedlive Offices, fliall make and fubfcribe the faid Declarations and Profeflion aforefaid, before the Mayor for the Time being, and at the fame Time (hall be attefted for tlie due Execution of their Offices refpedively ; which Declarations, Promifes, and Atteflations, the Mayor of the faid City, for the Time being, is hereby impowered to take and adminifter ac- cordingly. And that the Mayor, Recorder, and Aldermen of the faid City, for the Time being, (hall be Juftices of the Peace and Juftices of Oyer and Terminer ; and are hereby impowered to adl with- in the faid City and Liberties thereof accordingly, as fully and amply as any Juftice or Juftices of the Peace, or Oyer and Terminer, can or may do with- in the faid Province. , ;; , h r- .1 . )i.i , And that they, or zny four or more of them (whereof the Mayor and Recorder of the faid City, (or the Time being, (hall be two) (hall and may for ever hereafter have Power and Authority, by Virtue of thefe Prefents, to hear and enquire into all ( 235 ) all and all Manner of Treafons, Murders, Man- flaughtcrs, and all Manner of Felonies, and other Crimes and Offences, Capital and Criminal, what- ^pever, according to the Laws of this Province and of the Kingdom of England^ with Power alfo to hear and determine all petty Larcenaries, Routs, Riots, unlawful Aflemblies ; and to try and punifti all Perfons that fhall be con v idled for Drunkennefs, Swearing, Scolding, breaking the Peace, or fuch like Offences, which are by the Laws of this Pro- vince to be punifhed by Fine, Imprifonment or Whipping; with Power alfo to award Procefs againft all Rioters and Breakers of the Peace, and to bind them, and all other Offenders and Perfons of evil Fame, to the Peace or good Behaviour, as any Juftice or Juftices of the Peace can do, with- out being accountable to me or my Heirs, for any Fines or Amen aments to be impofed for the faid Offences, or any of them. And I do hereby impower them, or 2LV\y four of them (whereof the Mayor and Recorder for the Time being ihall be two) with the City Sheriff and Town-Clerk, to hold and keep a Court of Record, Quarterly, or oftener, if they fee Occa- fion, for the enquiring, hearing and determining of the Pleas and Matters aforefaid ; and upon their own View, or after a legal Procedure in fome of thofe Courts, to caufe all Nuifances and Encroach- ments in the Streets of the City to be removed, and punifli the Parties concerned, as the Law and Ufage in fuch Cafes fhall require. And I do by thefe Prefents affign and appoint, that the prefent Mayor, Recorder, and Aldermen herein before-mentioned, be the prefent Juftices of the Peace, and Oyer and Terminer, within the faid City ; and that they and all others that fhall be Mayors, Recorders, and Aldermen of the faid City for the Time being, (hall have full Power and 1^ (236) and Authority, and are hereby impowered and authori5^ed, without any further or other Com- miilion, to be Juftices of the Peace, and of Oyer and Terminer, within the faid City for ever ; and (ball alfo be Juftices of the Peace, and the Mayor and Recorder fhall be of the ^orum of the Ju- ftices of the County Courts, Quarter-Seflions, Oyer and Terminer, and Gabl Delivery, in the faid County of Philadel})hia\ and fhall have full Power to award Procefs, bind to the Peace or Behaviour, or commit to Prifon, for any Matter or Caufe, arifmg without the faid City, and within the Body of the aforefaid County, as Occafion fhall require ; and to cauib Kalendars to be made of fuch Pri- foners, which, together with all Recognizances and Examinations taken before them, for or con- cerning any Matter or Caufe not determinable by them, fhall be duly returned to the Judges or Ju- ftices of the faid County, in their refpedive Courts where the fame (hall be cognizable. And that it may be lawful to and for the faid Mayor and Commonalty, and their SuccefTors, when they fee Occailon, to erecSt a Gaol or Prifon and Court-Houfe within the faid City. And that the Mayor and Recorder for the Time being, fhall have, and by thefe Prefents have Power to take Recognizance of Debts there, ac- cording to the Statute of Merchants, and of Ac- tion Burnei ; and to ufe and affix the common Seal thereupon, and to all Certificates concerning the fame. And that it may be lawful to and, for the Mayor of the faid City, for the Time being, for ever hereafter to nominate, and from Time to Time appoint the Clerk of the Market, who fhall have Affize of Lrcad, Wine, Beer, Wood, and other Things i and to do, execute and perform all r . ' Things ( 237 ) Things belonging to the Clerk of the Market with- in the faid City, And I will that the Coroners to be chofen by the County of Philadelphia for the Time being, fhall be Coroners of the faid City and Liberties thereof ; but that the Freemen and Inhabitants of the faid City fhall, from Time to Time, as often as Occafion be, have equal Liberty with the In- habitants of the faid County, to recommend or chufe Perfons to ferve in the refpedlive Capacities of Coroners or SherifFs for the County of Phila* delphia<, who (hall refide within the faid City. And that the Sheriff of the faid City and Coun- ty for the Time being, (hall be the Water-BaililT, who (hall and may execute and perform all Things belonging to the Office of Water-BailifF, upon Delaware River, and all other navigable Rivers and Creeks within the faid Province. And in Cafe the Mayor of the faiJ City for the Time being, (hall, during the Time of his Mayor- alty, mifbehave himfelf, or mifgovern in that Office, I do hereby impower the Recorder, Al- dermen, and Common-Council-Men, or five of the Aldermen and nine of the Comfnon-Council- Men of the faid City of Philadelphia^ for the Time being, to remove fuch Mayor from his Of- fice of Mayoralty ; and in fuch Cafe, or in Cafe of the Death of the faid Mayor for the Time being, that then another fit Perfon (hall, within four Days next after fuch Death or Removal, be chofen in Manner as is above directed for ele£ling of Mayors, in the Place of him fo dead or re- moved. And left there fhould be a Failure of Juftice or Government in the faid City, in fuch Interval, I do hereby appoint, That the eldeft Alderman for the Time being, (hall take upon him the Office of a Mayor there, and fhall excrcife the fame till ano- ther I III !"j ( 238 ) ther Mayor be chofen as aforefaid 5 and in Cafe of the Difability of fuch eldeft Alderman, then the next in Seniority fhall take upon him the faid Office of Mayor, to exercife the fame as aforefaid. And in Cafe the Recorder, or any of the Al- dermen or Common-Council-Men of or belonging to the faid City, for the Time being, fhall mif- behave him or themfelves in their refpedlive Offices and Places, they (hall be removed, and others chofen in their Stead, in Manner following, that is to fay y The Recorder for the Time being may be removed (for his Mifbchaviour) by the Mayor and two thirds of the Aldermen and Common- Council-Men refpeftively ; and in Cafe of fuch Removal, or of the Death of the Recorder, then to chufe rinother fit Perfon fkilled in the Law, to be the Recorder there, and fo to continue during Pleafure as aforefaid. And the Alderman fo mifbehaving himfelf, may be removed by the Mayor, Recorder, and nine of the Aldermen and Common Council-Men; and in Cafe of fuch Removal or Death, then, withiny^wr Days after, to chufe a fit Perfon or Perfons to fup- ply fuch Vacancies 5 and the Common-Council- Men, Conflables, and Clerk of the Market, for Mifbehavioar, fhall be removed, and others chofen, as is directed in the Cafe of Aldermen. And I do alfo, for me and my SuccefTors, by thefe Prefents, grant to the faid Mayor and Com- monalty, and their SuccefTors, that if any of the Citizens of the faid City (hall be hereafter nomi- nated, elected, and chofen to the Office of Mayor, Aldermen, and Common Council-Men as afore- faid, and having Notice of his or their Election, fhall refufe to undertake and execute that Office to which he is fo chofen, that then, and fo often, it fhall and may be lawful for the Mayor and Re- corder, Aldermen, and Common-Council-Men, or ( 239 ) or the major Part of the Aldermen and Common- Council-Men for the Time being, according to their Difcretion, to impofe fuch moderate Fines upon fuch Refufers, fo as the Mayor's Fine exceed not forty Pounds^ the Alderman's five and thirty Paunds^ and Common -Council -Men /if^^z/y Pounds^ and other Officers proportion ably, to be levied by Diftrefs and Sale, by Warrant under the common Seal, or by other lawful Ways, to the Ufe of the faid Corporation. And in fuch Cafes it fhall be lawful to chufc others to fupply the Defeds of fuch Refufers, in Manner as is as above dire£led for Eledlions. And that it ihall and may be lawful to and for the Mayor, Recorder, and at leaft three Aldermen for the Time being, from Time to Time, fo often as they fhall find Occafion, to fummon a Com- mon-Council of the faid Cily. And that no Aflembly or Meeting of the faid Citizens (hall be deemed or accounted a Com- mon-Council, unlefs the faid Mayor and Recorder, and at leaft three of the Aldermen for the Time being, and nine oi theCommon-Councii-Men, be prefent. And alfo that the faid Mayor, Recorder, Al- dermen and Common-Council -Men for the Time being, from Time to Time, at their Common- Council, fhall have Power to admit fuch and fo many Freemen into their Corporation and Society, as they fhall think fit. ..>! And to make (and they may make, ordain, con- ftiiute and eftablifh) fuch and fo many good and realbnable Laws, Ordinances and Conftitutions (not repugnant to the Laws of England and this Government) as to the greater Part of them at fuch Common-Council aJembled (where the Mayor and Recorder for the Time being are to be al- ways 1' m ( 240 ) ways prefent) (hall feem neceflary and convenient for the Government of the faid City. And the fame Lavs^a, Ordinances, Orders and Conftitutions fo to be made, to put in Ufe and Execution accordingly, by the proper Officers of the faid City ; and at their Pleafure to revoke, alter, and make anewr, as Occafion ihall require. And alfo impofe fuch Mull "I V! ( 242 ) Blui' anchor y faving to all Pcrfons their juft and legal Right and Properties in the Lands (o to be open, as alfo the Swamp between Bud*s Buildings and the Society-hill^ fhall be left open and common for the Ufe and Service of the (aid City and all others, with Liberty to dig Docks and make Har- bours for Ships and YdHth^ in all or any Part of the faid Swamp. And I do hereby grant, that all the vacant Land within the Bounds and Limits of the faid City, (ball remain open as a free Common of Pafture, for the Ufe of the Inhabitants of the faid City, until the fame (hall be gradually taken in, in order to build or improve thereon, and not otherwife. Provided always^ That nothing herein contained, fhall debar me or my Heirs in Time to come, from fencing in aU the vacant Lands that lie be- tween the Center Meet'.ng-houfe and the Schuylktly which I intend fiiall be divided from the Land, by me allotted for Delaware Side, by a ftrait Line along the Broad-Jireet^^ from Edward Shippings Land through the Center Square by Daniel Pegg^s Land ; nor (hall the fencing or taking in any of the Streets, happening to be within that Inclofure on Schuylkill be deemed or adjudged to be an In- croachment, where it (hall not interfere or flop any of the Streets or PafTages leading to any of the Houfes built or to be built on that Side, any Thing herein contained to the contrary notwith- (landing. And I do grant, that this prefent Charter (hall, in all Courts of Law and Equity, be conftrued and taken moft favourably and beneficially, for the faid Corporation. Injwitnefs whereof, I have hereunto fet my Hand, and caufed my Great Seal to be affixed. Dated at Philadelphia the five-and-twentieth Day of OSiober^ Anno Domini 0/2^ Thoufand /even Hundred andOne^ and r juft and ; fo to be s Buildings id common ity and all make Har- any Part of acant Land 5 faid City, of Pafture, : faid City, in, in order t otherwife. L contained, le to come, that lie be- :he Schuylkill he Land, by [ ftrait Line nppirCs Land V^^'s Lana; any of the Inclofure on be an In- ■fere or ftop jg to any of at Side, any ary notwith- Charter (hall, be conftrued :ially, for the , fet my Hand, :ed. Dated at ly of OMerj idrtd and One J and ( 243 ) and in the thirteenth Year of the Reign of King IFILLIAM the Thirdy over England^ &c. and the one and twentieth "^'ear of my Government. , WILLIAM PENN. T^/CHARTER(?/ PRIVILEGES granted hy William Penn, Efq\ to the Inhabitants of Pcnnfylvania andTerritories, rr;rILLIAM PENNy Proprietary and Go- ^^ vernor of the Province of Pennfylvauia^ and Territories thereunto belonging. To all to whom thefe Prefents (hall come, fendeth Greeting. Whereas King CHARLES the Secondy by his Letters Patents, under the Great Seal of England, bearing Date the fourth Day of March, in the Year One Thoujand fix Hundred and Eighty, was gracioufly pleafed to give and grant unto me, and ray Heirs and Afligns for ever, this Province of Pennfylvania, with divers great Powers and Jurii- didions for the well Government thereof. And whereas the King's ueareft Brother, JAMES Duke of TORKand AL BANT, &c. by his Deeds of feoffment, under his Hand and Seal duly perfe ) 11. For the well governing of this Province and Territories, there fliali be an AfTembly yearly cho- fen, by the Freemen thereof, to confift of four Perlbns out of each County, of moft Note for Vir- tue, Wifdom and Ability, (or of a greater Num- ber at any Time, as the Governor and AfTembly fhall agree) upon the frji Day of O^ober for ever ; and fhall fit on the fourteenth Day of the fame Month, at Philadelphia^ unlefs the Governor and Council for the Time being, fhall fee Caufe to ap- point another Place within the faid Province or Territories : Which AfTembly fhall have Power to chufe a Speaker, and other their Officers ; and fhall be Judges of the Qualifications and Elediions of their own Members ; lit upon their own Adjourn- ments; appoint Committees; prepare Bills in order to pafs into Laws ; impeach Criminals, and redrefs Grievances ; and fhall have all other Powers and Privileges of an Afiembly, according to the Rights of the free-born Subjedh of England^ and as is ufual in any of the King's Plantations in America, And if any County or Counties, fhall refufe or jiegle6l to chufe their refpedive Reprefentatives as aforefaid, or if chofen, do not meet to ferve in AfTembly, thofe who are fo chofen, and met, fhall have the full Power of an AfTembly, in as ample Manner as if all the Reprefentatives had been cho- fen and met, provided they are not lefs than two mrds of the whole Number that ought to meet. And that the Qualifications of £le6lors and Eleded, and all other Matters and Things relating to Eledions of Reprefentatives to ferve in AfTem- blies, though not herein particularly exprefTed, (hall be and remain as by a Law of this Govern- ment, made zt Newcajilt in the Year One Thoufand feven Hundred^ entitled. An ASf to afcertain the Nunt" her ofMmhm ofAJftmbly^and to ngulate theE legions: ( 247 ) ' in. That the Freemen in each refpe^live County, at the Time and Place of meeting for ele(£ling their Reprefentatives to ferve in Aflembly, may, as often as there fhall be Occafion, chufe a double Number of Perfons to prefent to the Governor for Sheriffs and Coroners, to ferve three Years, if fo long they behave themf-^Ives well ; out of virhich refpedlive EleiSlions and Prefentments, the Governor fhall no- minate and commiilionate one for each of the faid Offices, the third Day after fuch Prefentment, or elfe the firji named in fuch Prefentment, for each Oftice as aforefaid, fhall fland and ferve in that Office for the Time before refpe6tively limi- ted ; and in Cafe of Death or Default, fuch Va- cancies (hall be fupplied by the Governor, to ferve to the End of the faid Term. Provid ed always, that if the faid Freemen (hall at any Time negledl or decline to chufe a Perfon or Perfons for either or both the aforefaid Offices, then and in fuch Cafe, the Perfons that are or (hall be in the refpedlive Offices of Sheriffs or Coroners, at the Time of Eledion, fhall remain therein, until they (hall be removed by another Election as aforefaid. And that the Juftices of the refpe6iive Counties (hall or may nominate and prefent to the Gover- nor three Perfons, to ferve for Clerk of the Peace for the faid County, when there is a Vacancy, one of which the Governor (hall commiifionate, within ten DayJ after fuch Prefentment, or elfe the Jirji nominated (hall ferve in tbe faid Office during good Behaviour. - . . . IV. That the Laws of this Government (hall be in this Stile, viz. By the Governor^ with the Confent and Approbation of the Freemen in general Affcm- ■l*lff.- .-n ■ ( 248 ) Hy met j and (hall be, after Confirmation by the Governor, forthwith recorded in the Rolls-6fKcc, iand kept at Philadilphia.^ unlefs the Governor and AiTembly fhall agree to appoint another Place. V. That all Criminals fhall have the fame Privile- ges of Witnefi^s and Council as their ProiecHtors. VI. That no Perfon or Perfons fhall or may, at any Time hereafter, be obliged to anfwer any Complaint, Matter or Thing whalfocver, relating to Property, before the Governor and Council, or in any other Place, but in ordinary Courfe of Juflice, unlefs Appeals thereunto (ball be hereafter by Law appointed. VII. That no Perfon within this Government (hall be licenced by the Governor to keep an Ordi- nary, Tavern, or Houfe of publick Entertainment, but fuch who are firft recommended to him, under the H^nds of the Juftices of the refpeftive Coun- ties, figned in open Court 5 which Juftices are and fhall be hereby impowered, to fupprefs and forbid any Perfon, keeping fuch Publick-houfe as afore- faid, upon their Mifbehaviour, on fuch Penalties as the Law doth or fhall diredt ; and to recommend others from Time to Time, as they fhall fee Oc- cafion. - ' . , , , . . . • ;•,- , ;• ^ ..: VIIL ^ - • -^^ "^ ^ If any Perfon, through Temptation or Melan- choly, fr.all delhoy himfelf, his Eftatfe, real and perfonal, fliall notwithftanding defcend to his Wife and Children, or Relations, as if he had died a na- tural Death ; and if any Perfon fhould be deftroyed or killed by Cafualty or Accident, there fhall be no Forfeiture to the Governor by Reafon thereof. And no Adl:, Law or Ordinance whatfoever, fhall at any Time hereafter, be made or done, to alter, ( 249 ) alter, change or uiminifh the Form or EfFj£t oF this Charter, or of any Part or Claufe therein, con- trary to the true Intent and Meaning thereof, with- out the Confent of the Governor for the Time be- in^, and /tx Parts of fiven of the AfTembly met. But becaufe the Happinefs of Mankind depends fo much upon the enjoying of Liberty of their Confciences as aforefaid, I do hereby folemnly de- clare, promife and grant, for me, my Heirs and Affigns, that the /r^ Article of this Charter, re- lating to Liberty of Confcience, and every Part and Claufe therein, according to the true Intent and Meaning thereof, ihall be kept and remain without any Alteration, inviolably for ever. And Laftly, I the faid WtUiam Penn^ Proprietary and Governor of the Province of Pennfylvania^ and- Territories thereunto belonging, for myfelf, my Heirs a:id Affigns, have folemnly declared, granted and confirmed, and do hereby folemnly declare, grant and confirm. That neither I, my Heirs or Affigns, fhall procure or do any Thing or Things, whereby the Liberties in this Charter contained and exprefled, nor any Part thereof, fhall be infringe' or broken : And if any Thing (hall be procured or done, by any Perfon or Perfons, contrary to thefe Prefcnts, it fhall be held of no Force or EfFe£i. In Witnefs whereof, I the faid William Penn^ at Philadelphia in Pennfyhania^ have unto this pre- fent Charter of Liberties fet my Hand and Broad Seal, this tiventy- eighth Day of OSiobery in the Year of our Lord One Thoufand feven Hundred and One^ being the thirteenth Year of the Reign of King WILLIAM the Thirds over England^ Scotland^ France and Ireland^ &c, and the twenty- firji Year of my Government. And notwithflanding the Clofure and Teft of this prefent Charter as aforefaid, I think fit to add this following Provifo thereunto, as Part of ihc fame. ( 250 ) fame, That is to fay^ That notwithftanding any Claufe or Claufes in the abovementioned Charter, obliging the Province and Territories to join to- gether in Legiflation, I am content, and do hereby •declare, That if the Reprefentatives of the Pro- vince and Territories fhaJI not hereafter agree to join together in Legiflation, and that the fame ihall be fignified unto me, or my Deputy, in open AfFembly, or otherwife, from under the Hands and Seals of the Reprefentatives, for the Time being, of the Piovince and Territories, or the major Part of either of them, at any Time within three Ye2LT9 from the Date hereof, that in fuch Cafe, the In- habitants of each of the three Counties of this Province (hall not have le/s than eight Perfons to reprefent them in AflembJy, for the Province ; and the Inhabitants of the Town of Philadelphia (when the faid Town is incorporated) ttuo Perfons to reprefent them in AfFembly j and the Inhabi- tants of each County in the Territories, (hall have as many Perfons to reprefent them, in a diflindt AfFembly for the Territories, as (hall be by them f equefled as aforefaid. Notwithftanding which Separation of the Pro- vince and Territorits, in Refpedl of Legiflation, I do hereby promife, grant and declare. That the Inhabitants of both Province and Territories, ihall feparately enjoy all other Liberties, Privileges and Benefits, granted jointly to them in this Char- ttr, any Law, Ufage or Cuflom of this Govern- ment, heretofore made and pradlifed, or any Law made and pafFed by this general AfFembly, to the contrary hereof notwithftanding. WILLIAM PENN. This i any arter, n to- lereby Pro- ;ree to fame lopen ds and being, >r Part •Year* the In- of this fons to ►vince ; adelphia Perions Inhabi- all have cUftina )y them he Pro- iflation, 'hat the ritories, ivileges s Char- jovern- ny Law to the ( 251 ) T/;/j CHARTER of PRIVILEGES being di/iinSfly read in Affemblyy and tk? whole and every Part thereof being approved of and agreed to^ by us, we do thankfully receive the fame from our Proprietary and Governor^ at Philadelphia, this twenty-eighth Day of Oc- tober, one Thoufand feven Hundred and One. Signed on Behalf and by Order of the Affembly^ ' per Jofeph Growdon, Speaker, Edward Shippi'n, Phineas Pembertonj Samuel Carpen*ery Griffith Owen, Caleb Pufey, Thomas Story^ ,., li ..*.'••*; A t' • 'd-i:;. u. -u' !'■ \ \ 1 . ■ ^ Proprietary and Governor's Council. i I FINIS. si >' ). '< ^r . ♦ JiSTiV. V -1 This ■r:ji'«mm-' BOOKS printed for Lockyer Davisj at Lord Bacon'i Head, near Salisbury-Court, Fleet-Street. , , ; I. 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