iiipp;fii:jis>:a;; ,.: milVUTEl^ OF THE PROVINCIAL, COUNCIL OF B^HlTSJS'SriL'^^S^Hiie FROM THE ORGANIZATION TO THE TERMINATION OF THE PROPRIETARY GOVERNMENT. PUBI.ISIIKD BY THE STATE, VOL.. III. CONTAINING THE PROCEEDINGS OF COUNCIE FROM MAT 31st, 1717 TO JANUARY 23d, 1735-6. ;Harrisburg: PRINTED BY THEOPHILUS FENN. \ 1840. .! TABE.2^ OF CONTENTS. VOL. III. A.rriv;!l of Governor Keith and Commission read at the Court house, 1 Col. Oo ikin prefers charges against certain Members of the Council, , 3 Failure to substantiate fhem, and apolocry, 5 Judges for the Lower Counties nominated, 6 Petition of Thomas Masters for leave to record and pub- lish his Patents respecting cleansing corn & weaving bonnets, 7 Visit of Governor Keith to the Indians at Conestogoe, 8 Speech ol Governor Keith to the Indians, 9, 12, 38, 98, 118, 121, 172, 177, 191, 207, 213, 231 Speed) of Governor Keith to the Assembly, 14, 16, 47,54, 57, 62, 137, 184 Memorial of Capt. Christopher Smith, 10 Comp ainl against the Senequa Indians for killing a Ca- tawba, 11 Indians t'xhorted to cultivate peace, 13 Treasurer to pay Expenses of the Treaty, 14 Foreigners to be reported to Council and take the Oath of Allegiance, 18 List of Palatines exhibited, ] 9 Arrival of Col Spottswood Governor of Virginia, jb Jonatiian Dickinson appointed Mayor of Philadelphia, 20 Proclam ition respecting Pirates to be published, 22 Objecri .ns to the form of the Commission for trying Crimin Is, 23 Cotnjjlaiiit to Council of intrusions by certain Mary- landers, QZ Sundry Pirates plead the King's Pardon, 28 Peliti.Miof Hugh Pugh & Lazarus Thomas, and their appeal to tlie Kmg, 30 Petition for a Road from Conestogoe to Thomas Moore's and Uiandywine, 33 Heniy Goldney to nominate an Agent to reside at Lon- don, 34 Martha Underdown convicted of Murder ; reprieved, 55 Visit of sundry Indians to the Council, 36 Speech of Civility, 37 CONTENTS. Account of Presents made to the Indians, 40 Nanativo of the Escape of sundry Mariners from Pi- rates, fl Piratical sloop delivered to the Governor, ib Cap:. Hardy takes an Inventory of the stores found on board of her, 44 Address of the Governor on the subject of Piracy, 45 Warrant granted to apprehend Teach, alias Blackbeard, the Pirate, ib Complaints respecting the Attorney General, 48 Petition for the erection of Bristol into a Borough, 49 Death of William Penn announced to the Council, 50 Conference between the Governors of Maryland and Pennsylvania, relating to the Settlement of Notting- ham, 51 Petition of Abraham Delucena relative to the seizure of his goods, 53 William Penn's instructions to Governor Keith read, 55 Governor Keith re-appointed, 56 Answer of the Assembly to the Governor's Speech, May 9,1719, 58 Governor Keith's visit to the Governor of New York, 60 King and Council confirm a certain Act of Assembly, 65 Articles of Impeachment against Robert Assheton, 64 Governor Keilh continued by the King and Council, 66 Certain Laws repealed by the Privy Council, 68 Petition of John Eraser relative to Piratical Sloop, 69 Robert Assheton's answer unsatisfactory, 70 Col. French's report of his Treaty with the Indians, ib Speech of Civility to the Council, 73 Petition of John Burrows for remission of fine, 74 Governor Spotswood's remonstrance on the Subject of In- dian affairs, 75 New Commissions to the Justices of the Supreme Court, 83 Petition to run a division line between Philadelphia and Chester counties, 84 Representation by Commissioners of Chester county rela- tive to assessments, 85 Report of James Logan's interview with the Indians, 86 Governor Keith's letter to the President of New York on the conduct of the Five Nations, 93 CharU^r of Bristol agreed to V)6 Visit from the Conestogoe Indians, 97 W Court of Chancery established, 100 Expenses of Treaty to be paid, 101 Proclamation to prevent the escape of Robert Moore, 103 CONTENTS. Edvard Hunt sentenced to death for Counterfeiting, 104 Petition of Anne Iluson — under sentence of death for Burglary — for Piudun, 103 Record of a Road from Pliilade'pliia to Glocester, ib Petition of sundry [icrsons on the West side of Schuyl- kill relative to the payment of Taxes, 100 Patrick Baird appointed Physician of the Port, 107 Governor Keith visits Virginia to settle Indian disputes, ib Letter from Governor Krith lo the Council, 109 .Memorial of Governor Keith to the Governor of \ ir- ginia, 111 Answer to the memorial by the Governor of Virginia, 113 Letter and Instructions from the Governor of New York respecting Defence, 114 Governor Keith visits the Indians at Conestogoe, 117 Speech of Ghcsaont, 119 Treaty of Friendship established with the Five Nations, 121 Speech of James Logan to the Indians, 127 Report lo the Council of liis interview, ib Answer of the Council to Requisition of Governor Bur- nett, 131 John Grist liberated fron; prison, 1H3 " " Ordered to remove from his settlement, 1H4 " '' Reprimanded by the Governor, 135 Objections by the Governor to several Bills, 136 Petition respecting a road in Chester county, 139 Andrew BraHfoid, a Printer, to appear before Council to answer a charge of Libel, 141 Report concerning division line of Chester & Philadelphia counties, ib Anlrevv Bradford reprimanded by the Governor and pro- hibited frcm publishing strictures on Government with- out leave, 143 John and Edmund Cartlidge suspected of murdering an Indian, 144 James Logan and Col. French appointed to inquire concer- ning the murder, ib Report to the Governor and Council, 146 Speech of James Logan to the Indians on the subject of the murder, 147 Speech of Col. French to the Indians on the same, 151 John and Edmund Cartlidge committed to prison, 154 Address of David Lloyd and Nathaniel Newlin relative to the division line of Chester and Philadelphia Coun- ties i5r CONTENTS. Commission to Joseph Pidgeon relating to the Boundary Dispute, * 169 Habeas Corpus not to be denied to John and Edmund Cartlidge, 170 Message Irom the Indians to the Governor, 173 Message Trom the Governor to the Assembly, 175 to the Five Nations, 177 Certain laws passed by the Governor, 180 Robert Asshelon restored to his seat in Council, 181 Letter from Governor Keith to Robert Assheton, 182 Observations on Bill for raising the value of money, IBS Philip Syng committed to prison for surveying on a Ma- ryland Warrant, 185 Examined by the Ccuncil, 186 Record of a road from Horsham to the New Yori,: road, 187 Governor Keith's letter to the Council respecting surveys by Maryland, 188 Answer of the Council, 189 Proceedings of the Council with the Indians at Conesto- goe, 191 Letter from Governor Keith to the Governor of Maryland relative to intrusions, 192 Warrant for the survey of Springetsbury Manor, 194 Report of Surveyors, 196 Letter from James Mitchell to Governor Keith, 198 Governor Keith to Winjach, the Ganawese King, 1 99 Report of Satcheechoe' svisit to the Five Nations, 20U Speech of Governor Keith to Satcheechoe 202 William Hill and Mary Woolvin reprieved, 203 Opinion of Council relative lo the Treaty with the Five Nations, 205 Proceedings of the Treaty with the Indians, 207 Answer oi" the Five Nations to Governor Keith's speech, 210 John and Edmund Cartlidge pardoned by the Indians, 212 Letter fiom Givernor Keith to the Governor of New York, for leave lo treat with the Five Nations at Al- bany, 214 Leave granted by the Council of New York. 215 Col Sj)otswood applies for leave to treat with certain In- dians, 217 Letter from (Governor Keith to Col. Spotswood containing the refusal of Council, 218 fieply by Col. Sfiotswood, • 219 Message to the Conestogoe Indians, 221 CONTENTS. Isaac Taylor and ElishaGatchel imprisoned by the Gov- ernment of Maryland, 223 Directions of Council respecting the Boundaries of Mary- land and Pennsylvania, 224 Answer from the Indians to the Message of Oct. 11, 226 Council resolves to sustain Isaac Taylor and Elisha Gatchel, 228 Speech of Whinhinjac to Governor Keith, 229 Record of a road leading to Burlington, 230 Reply of Governor Keith to Whinhinjac, 231 Letter from Charles Calvert respecting Boundaries, 234, 237 Reply by Governor Keith, 235 Address to the King, 239 Certain Laws passed by the Governor, 242 Record of a road from William Paschals in Chester County to the Swedes' Ford over Schuylldll, 244 Agreement between Lord Baltimore and Mrs. Penn res- pecting Boundaries, 245 Disputes respecting Boundaries of Chester and New Cas- tle counties, 247 Col. French interrogated respecting the Boundary Dis- putes, 249 Letter from Mrs. Penn relating to the Government, 250 Proceedings in the case of certain goods saved from cer- tain Sloops, 252 James Logan and Thomas Laurence appointed to take charge of the goods, ' 253 Petition of Jonathan Swain respecting the seizure of his Sloop, 254 Petition from Palatines to be allowed to purchase Lands, 255 James Logan wishes to vindicate his character, 256 Charged with falsifying the Minutes of Council, 257 Exonerated by Council, 259 Objections by the Governor to the Bill to encourage the distilling of Spirits, <^c., 263 Certain Laws passed by the Governor, 264 Patrick Gordon appointed Governor of Pennsylvania, 265 Seal restored to James Logan, 266 Commission of Governor Gordon read at New Castle, 267 List of Judges and Justices appointed, 268 Speech of Governor Gordon to the Assembly, 269, 279, 2S3, 309, 322, 361, 374, 382, 396, 415, 446, 456, 529, 572, 622, 645 Objections to the style of the Commissions of Justices of the Peace, 271 CONTENTS. Robert Charles appointed Secretary to the Council, 272 Jeremiah Langhorn appointed Judge of the Supreme Court, 27» William Till superseded as a Justice of Sussex, 274 Proclamation for suppressing Riots to be published, 275 Letter from Alured Popple, Secretary to the Lords Com- missioners for Trade and Plantations, 276 Message from the Council to the Assembly, 277 Rule for the Court of Chancery, 281 John French divested of his power as a Member of Council, 284 William Till re-instated, ib List of Judges and Justices for the Lower Counties, 285 Speech of Governor Gordon to the Indians, 287, 328 334, 344, 355, 386, 430, 552, 656 Reply by the Indians, 290 Petition of Robert DuckeU, 292 Amendments proposed to certain laws, 293 Certain laws passed, 295 Prince of Wales proclaimed George 2d, 297 Order respecting the importation of Foreigners, 299 Emigration of Palatines, 300, 301, 304, 305, 307, 346, 347, 348, 351, 390, 391, 409, 410, 414, 437, 440, 441, 442, 444, 457,460, 483, 484, 485, 486, 487, 488, 489, 490,498, 501, 554, 555, 556, 557, 558, 559, 564, 614, 615, 642 Depositions respecting the Murder of Thomas Wright by the Indians, 302' Address from the Governor and Council to the King, 308 Report of Physicians on the health of certain passen- gers on board two British Ships in the Delaware, 310 Ship Doralhy permitted to land at Philadia, 311 Information by James Le Tort of a contemplated War by the Indians, 312 Message from the Speaker to the Governor relative to the conduct of eight members of the House, 315 Representation by the eight members, 317 Report of the Governor of the disturljances at Mahana- tawny, 320 Proclamation for securing the Peace, 325 Treaty with the Indians at Conestogoe, 327 Speech of Tawenna, 331 Proceedings of the Council with the Indians, 334 Speech of AUummapees, 337 Deed from the Indians explaiaed to them> 339! CONTENTS. Speech ofJames Logan to the Indians, relative to Land, 340 Mr. Hill on the same subject, 344 Morgan Herbert pardoned for Murder, 345 Information of intended hostilities amongst the Indians, 348 Speech of Sassoonan, 353 Reply by Governor Gordon, 355 Letter from the Justices of New Castle county relative to appointments, 358 Resolution to remove the Assembly from Philadelphia to Chester, 360 Petition for a new county out of parts of Chester, 363 Commissioners appointed to run the division Line, 365 Letter from the Governor of Maryland respecting the new County, " 368 Message from the Governor on Paper Money, 369 Proclamation to suppress Riots, 372 Speech of the Governor respecting the Paper Money Bill, 374 Address of the Assembly, 375 Conferences between the Assembly and the Governor rela- tive to the Paper Money Bill, 376 Lancaster county erected, 378 Second message from the Governor relative to the Paper Money Bill, ib Answer by the Assembly, 379 List of Justices for Lancaster county, 380 Speech of the Governor on the final passage of the Paper Money Bill, 382 Speech of Civility, 385 Of Tawenna, 383 Reply of ihe Governor, 386 Report of Committee on Treasurer's Account, 369 Andrew Bradford charged with publishing a Libel against the Government of Great Britain, 392 Message from the Governor relative to the naturalization ofGermans, 397 Observations by the Governor on the act for the relief of Insolvent Debtors, 400 Message from the Governor on Paper Currency, 401 Members of Council ranked, 409 William Fishbourn's house robbed of the public money, 413 Petition of Germans to be naturalized, 417^ Observations of the Governor on sundry bills, 418 Defalcation of William Fishbourn proved, 421 457 CONTENTS. Message from the Governor respecting the Re-emission Bill, 423 Vacancies in the Supreme Court, 424 Relative to the Sugar Islands, 427 French Claims, 42S Speech of Sassoonan, 431 Message from the House relative to the Sugar Islands, 432 Indian Affairs, 434 Message irom the Governor " 435 Proclamation prohibiting the distribution of Liquor among the Indians, 438 James Logan appointed Chief Justice of the Supreme Court, 439 Letter from Mr. Paris relative to the Sugar Islands, 445 Address from the House, 447 To the King, 450 Report of Shekallamy's visit to the Six Nations, 452 Message from the Governor on the Bill for the payment of Assembly-men's wages, 455 Report of the Justices to deliver the Goal of Lancaster comity, Application from the Pirates in the city Goal for cloathing, 458 Arrival of Thomas Penn, 462 Address of the House of Representatives, 463 Speech of Thomas Penn to the Indians, 465 Reply by Iletaquantagechty, 466 Speech by the Indians on French Affairs, 468 Private conference with the Indians, 470 Message from the Indians on French affairs, 473 Speech by the Proprietor to the Indians, 476 Proceedintrs on the conclusion of the Treaty, 478 Speech of Hetaquantagechty, 482 Conference with the Shawanese Chiefs, 491, 494 Agreement to run the Lines between Pennsylvania and Maryland, 496 Letter from Lord Baltimore complaining of a riot com- mitted in Maryland by Pennsylvanians, 502 Answer by the Governor, 503 Letter from John Wright and Samuel Blunston, 504 Deposition of James Hendricks and others, 506 Letter from the Governor to the Justices of Kent county relative to the fray in Dorset county, 509 Letter from the Governor to Lord Baltimore denying that a riot was committed, 510 Reply by Lord Baltimore, 514 CONTENTS. Letter from Samuel Ogle to the Governor, 515 The Governor to Lord Baltimore, 517 Answer to Samuel Ogle's letter, 518 Letter from Lord Baltimore demanding certain persons to be delivered to the authorities of Maryland, 522 Answer to Governor Gordon, 523 Letter from the Governor to the Justices of Kent relative to the fray in Maryland, 526 Address from the House to the Governor, 530 Letter from the Governor to Lord Baltimore, containing the report of the Justices of Kent concerning the Fray, ^ 531 Message from Shekallamy, 538 Speech of Ullaloes, 542 Report of Commiitee to examine Treasurer's account, 544 Objections by the House to the validity uf the Governor's Commission, 547 Message from the Governor to the House, ib The House request the Governor to withdraw his Mes- sage, 548 Council advise the Governor to adhere to his Message, ib Message from the House, 549 Message from two Indian Chiefs, 552 Record of road from l^ancaster to Schuylkill, 561 Patrick Gordon re-appointed Governor of Pennsylvania, 565 Governor of Virginia to administer oath of office, 566 Journey of Governor Gordon to Virginia, 568 Certifi.;a!c of Governor Gordon's oath of Office, 570 Address from the House to the Governor, 573 Observations by the Governor on the Bill respecting excise on Brandy, &c., 575 Amendment to the Bill for reviving an excise, 577 Message from the Governor on the Bill relative to Bread and Flour, 579 Relative to the Salary of Mr. Paris, 580 On the Bill for the recovery of small debts, 581 Resolves by the House on the Governor's Message, 582 Act in favor of William Fishbourn, 583 Andrew Hamilton to appear at Annapolis in behalf of some prisoners of Pennsylvania, 585 Proceedings had on the final settlement of the Maryland Boundary, 586 Return of Messrs. Hamilton and Georges from Maryland, 588 CONTENTS. Objections b\ ihe Governor against '' the Romish Chap- pell," ' ^ 589 Report of Messrs. Elamilton and Georges relative to the imprisonnient of certain Pennsylvanians by the Gov- ernmont of !\Tarylancl, 590 Letters to and Irom Messrs. Hamilton and Georges and the Lieutenant Governor of Maryland, relative to the imprisonment, 598, 600, 602, 603, G04, 608 Proceedings of (^ouncil relative to the Romish Chapppll, 608 Letter from the Governor of Virginia relative to a mur- der by the Indians, ib Answer by Governor Gordon, 610 Reprcscntaticm by the House relative to the inhabitants on the Borders, 611 Letter from the Governor to sundry Justices, 612 Arrival of John Penn, 616 Speech of Saristagoa, 617 Proj)rictaries to the Indians, 619 Hetaquantagechty, 624 John Penn to the Indians. 626 Address from the House to John Penn, 629 To the Governor, 630 Letter from Governor Gordon to the Lords Commission- ers, 631 Record of a road from the Great Swamp to North Wales, ;633 Message from the Governor relative to the naturalization of Germans, ^ 635 Amendments to the Bill for the relief of the Puor, ^ 638 William Rumsey, a ."surveyor of Maryland, arrested by order of the Governor, 640 Address of the Mayor and Commonalty of Philadelphia to the Governor, 643 Add I ess from the House relative to Lord Baltimore's claim, 646 Council with the Indians, 647 Speech of Civility, 648 The Proprietor to the Indians, 650 Articles of agreement between William Penn and the In- dians, 651 Speech of Ullaloes, 657 Hetaquantagechty, 659 Letter from the Proprietaries to the Six Nations, 661 Address of the House to John Penn on his departure for England, 663 CONTENTS. Deposition of John Powell relative to a riot, 664 Order of Council respecting the Rioters, 666 Message from the Governor to the House, 669 Reply by the House, jjj Resolution respecting the Court of Chancery, 670 Record of a road from Macousie to Philadelphia, (571 Petition for a road from John Harris's Ferry to Philadel. Pf^iaj 673 ailNUTES op THE PROVINCIAL COUNCIL OF PENNSYLVANIA. rvu /";^^^/^""^' r 31st Day of May, Anno Dom., 1717. The Honble William Keith, Esq., being this Day arrived from Great Brutain, wuh a Commission from the P,oprietor& the RovS Approbat.on,to be Lievtenant Governour of this prXince & [hi ^uTt'r' ^'T'' "P'^" ^^'^^^^'•^- The Honble^Col lo Gtwn ofttrn?'""?-'' T"ded by the Aldermen, ComonaIty& Officers' of the Corporation, Received him at his Landing, and the sd Com mission & Approbation being Produced to the Id. Collo GookinI ac3in. X^^^-^d^hat it should be forth.itrProcla med ; accordingly. The same was Published & Proclaimed in Due form at the Court house n Philadelphia The Mnvnr T r- . ' ijovemmt. till such time as New Commissions may be Issued and .tupZ'.:int''\Trf"f' '" P-P"'a ProSa o' a cZ.n isP:;;Sd!^°" "'"^ '"°'='' "°^' "■°™'"2' =' -I'-h time Philada., 1st June, 1717. priltor oTedThe't'^'^l"''^ ^Dedlmvs Potestatem from The Pro- J spe ' Ye^tet W n ^ ^ t'"^^ ^^^ °^ November last. Directed to ohers or anv twIl'rTK ^'•^"\^«b^''t Assheton, John French & such Oullifin?, ^u^""; ^^ Administer unto the sd. Governour Ty Vi?tre of htcn". ^^^ Law Requires, for Enabling him toTt Robe t Assheton nT'T V^^'u- Jaspor Yeates, William Trent, by Law V zt The n .'k ^''"'^" ^^"^'^^'^'^'^^ the Oaths Required D'eda^lioT'f y ' 0^ clr^'^d^T ''ll'' °' "^7 ^ ^^^^'^' ^^^ as also the Oirh r.n, }u ? ' ^^e Abjuracon of the Pretender; 22 fo he d^.e OK^ ', ^' l^" ^"^ ^'^ ^^h & 8th of Wm. 3d, Chap Co'uncil sate ^^^^^^^^'^^ ^^ ^^e A cts of Trade. After which th. 2 MINUTES OF THE PRESENT : the Ilonble WILLIAM KEITH, Esqr.,Lievt. Govt. Richard Hill, James Logan, Jasper Yeates, Samuel Preston, William Trent, Jonathan Dickinson, Isaac Norris, Robert Assheton. The proclamation ordered Yesterday, being prepared, it was Read & Approved, & orders were given for publishing it immediately ; also that Copies thereof be sent into the several Counties. The Governour Ordered that the Qualifications to be taken by the several Members of this Board, shou'd be drawn out Ready to be taken & signed on Monday moining next, to which time the Council is Adjourned. At a Council at Philadia., y°- 3d June, Anno 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Jonathan Dickinson, Jasper Yeates, Anthony Palmer, William Trent, Samuel Preston, Isaac Norris, Robert Asheton. James Logan, The Several members of Council were this Day Qualified, Pursu- ant to the Order of the Last Council. The Governour proposed to the Council his going down to New Castle this Day about ffour a Clock in y'' afternoon, in Order to Pub- lish his Comission, & Consult of affairs relating to the three Lower Counties, & Desired the Council to Attend him there. At a Council at Philada., y' 12th June, A° 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Jonathan Dickinson, Isaac Norris, Anthony Falmer, Samuel Preston, Robert Assheton. James Logan, The Governour Acquainted the Board that having issued his Writts when last at New Castle, for sumoning the Representatives of the three Lower Counties to meet him in Assembly, on the Thir- teenth Inst., at New Castle ; He intended accordingly to Set out for that Place to-morrow morning, In order to consult with them about PROVINCIAL COUNCIL. 3 the most proper methods to be taken for securing the People's Just Ritrhts There, & Asserting Those of the proprietor, on which some Attempts were made lately at Court ; And he was pleased to Desire the Opinion of the Board as to the Heads of what he intended to lay before that Assembly, & then the Council adjourn'd At a Council at Philadia., y' 19th June, A" 171'. PRESENT : The Honblc WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Jonathan Dickinson, Isaac Norris, Robert Assheton. James Logan, The Governour laid before the Board a List of Names of Persons That were Recommended to Him by the members of Assembly, at the County of New Castle, to be Magistrates for the three Lower Counties of New Castle, Kent & Sussex, & was pleased to Desire the opinion of the Board whether they were fitt persons to act in that station ; And then the Council Adjourned. At a Council at Philada., y' 22d June, A". 1717. PRESENT : The Honble. WILLIAM KEITH, Esqr., Lieut. Govr. Richard Hill, Jonathan Dickinson, James Logan, Robert Asshe'on. The Govr. Acquainted the Board That his predecessor, ColL Gookin, had lately accused to him in a particular manner, some per- sons in the Government, of whom one is a member of this Board, as highly disaffected to his Majesty the King & hisGovernmt ; That he thought such an Accusation from a person who might be supposed from his long Residence here & Station in the Government, to know the men he spoke of, Required the Govcrnour's notice without delay, That he miglit discharge his Duty to his Majesty, by Removing such members from the Board, if Guilty, or if Otherwise, that they might have an opportunity of Clearing themselves of the Imputation, on which the Governour askt the Opinion of the Board. But the Council being thin, it was proposed and agreed. That a full Council should be Summoned to meet on Wednesday y" Twenty sixth Inst.; That in the meantime Jonathan Dickinson & Robert Assheton should acquaint CoUo. Gookin of the sd. Appointment & End of the sd. Councils Meeting, And that the Govrnr. was of Opmion that his Attendance at that time would be necessary to Enable him by a fur- ther & fuller Information to proceed more Regularly in y' matter. 4 MINUTES OF THE The Secretary by the Governours Order laid before the Board a Letter he had Received this Afternoon from John Cartledge of Con- esto^oe, Givino- him an account of some Disturbance amongst the Indians there; as also one Inclosed from Lahja, Civility, &i some others of the Chiefs of the Indians on Susquahanna, wherein they desired him to come to them without Delay, to consult with them about affairs of Great Importance: They having no notice ('tis Probable) of the Governours Arrival. The Governour Hereupon lliouffht it Incumbent on himself to give them a visit, And to the End they might have time, as they desired, to Call their people together, he was pleased to appoint the seventeenth day of July next, to be the time he wou'd see them at Conestogoe ; And in tlie mean time the Secry. was Ordered to write a Letter to them to that purport, and to send them a Belt of Wampum as a Token of ffricndsbip & Confirmacon of this message. At a Council held at Philada., the 26th of June, A" 1717. PRESENT . The Honble WILLIAM KEITH, Esqr., Lieut. Govr. Richard Hill, Samuel Preston, Isaac Norris, Anthony Palmer, James Logan, Robert Assheton. Jonathan Dickinson, A full Council being met, according to appointment, The members Ordered at the Last Sitting to give Collu. Gookin Notice of the Councils Meeting this Day, in order to hear his allegations agt. those persons he had accused to the Governr. as highly Disaffected to his Majesty ^- his Governmt, acquainted y' Governour that they had given Collo. Gookin Notice of the sd. Appointment, And that ho told them that v/ftatever he had heretofore said of any member of Council or person in this Govermt., he knew no such person now, &, had nothing to Lay to their Charge; That However according to appointment, he was waiting in the Next Room, to know the Gov- ernours pleasure, & being desired to walk in. The Governour told Collo. Gookin, that as he had not long since accused to the Governour some persons in places of Trust in this Governmt., as highly disaffected to his Majesty, the King & his Governmt. The Governour found it Incumbent on him, in Dis- charge of the Trust Reposed in him by his Majesty, to make a full Inquiry into that matter, for that he thought it of the Greatest Im- portance to himself, & for his own safety, that those who were in any Trust under Him, but more Ef;pecially such as Sat with him at that Board to Advise about the affairs of Governmt., shou'd be per- sons of Integrity •& Loyalty, cV: truly well affected to his Majesty & his Government. That he had been arrived in the Colony but a PROVINCIAL COUNCIL, 5 very Little time, & therefore had but few Oppertunitics of Knowing the Gentlemen whom he found in trust, so particularly as miglit be necessary in such Cases. That it is true he had been in some mea- sure acquainted with most of them, when he bore another Comission in these parts since his Majesties accession, <5' had not the Least sus- picon of their being disaffected. But that Collo. Gookin, by liaving Resided here so many Years, invested with tlie Powers of Govern- ment, must be supposed to have had much better Opportunities of Knowing & Distinguishing persons; however that those who vriG.de up this Board were the same persons he found members of it at his Arrival, & t!.5at hs hadnotJSince made any alterations: Yet if Collo. Gookin cou'd Charge any of them with DisafTection to his Majesty & his Governmf., tho' Collo. Gookin Himself had not done it, the (lovr. was Ready upon his Information to Proceed agt. them, &; therefore desired Collo. Gookin, now at this meeting of the Council, which was appointed for this very purpose, to Exhibit particularly what he had agt. any Person who was either a member of the Board or in any other place of Trust in y'' Government, and the Governour wou'd not fail to Exert his power to have full Justice done to the King his master. Collo. Gookin answered, that it was true that hs had told the Governour his Thoughts of Some persons, but that v/hatever he had formerly Believed of them ; yet seeing they had taken y" Oaths or Affirmacons prescribed by Law, he believed now he had been mis- taken. That His former accusUions v/ers the Effects of his pas- sions, for that he had no matter of (fict nor Expressions to Charge any of the persons accused with, nor Had any thing against any of them. That his Physitian Knew he had been Lately under a great Indisposition of Body which had Disordered his Head, and he be- lieved that what he had said of tliosc matters to the Governour was owing to that only. The Governour again put it upon him to declare, v/'iefher Directlv or Indirectly he knew anj^ thing, either in fact or words arrt. the per- sons he had accused, to which Collo. Gookinagain Reply'd, That he knewnothing of any kind whatsoever. The Governr. then desired to know of the Board, whofher any of them had any Objection agt. his taking the Answr. of Collo. Goo- kin as a full acquittal of the persons Chi^rg'd from those accusations. The Board were unanimously of Opinion, That Collo. Gookin had fully Cleared all those he had accused, and the Governour had fully discharged his Duty to the King herein, upon which Collo. Gookin had Leave to v/ithdraw. The Letters produced at the last meeting of the Council, relating to the Indians, were again Read, that the members who vi'ere not present at tho Last Meeting might be acquainted with them; and the Gover- nour now also proposing his former Resolution of Going himself in Person to Conestogoe, it was approved of by the Board, & Divers mom hers Exprest their rcadyncss to wait on him thither. VOL. III. 6 MINUTES OF THE The Govemour farther proposed to the Board, to consider whether it wou'd not be requisite to add to the Council some persons Resi- dent in the Lower Counties, that they might be y' more Capable of Serving the Interest of the pubUck there, which he recommended to their Consideration, & then the Council adjourned. At a Council at Philadia., 4th of July, A°., 1717. PSESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govt. Jasper Yeates, Samuel Preston, Richard Hill, Anthony Palmer, James Logan, Robert Assheton. Jonathan Dickinson. The Governour acquainted the Board, That as in a fur mo r Con- sultation Relating to the Three Lower Counties, it was thou;.rht Re- quisite that some persons resident in those Counties shou'd be -idded to the Council. Among those who had been mentioned, Collo. John ftrench appeared, in the Opinion of the Board, to be Particularly In- tituled to all the distinguishing marks of Respect &i flavour that cou'd be shown Him for his known abilities to serve the Governmt., & his ffidelity to the proprietor «fc his Interest manifested upon all Occasions; so now the Govr. Judg'd it a proper time, with the ap- probation of the Board to admit him, being desired by the Governour to attend for that purpose: Which nomination being generally ap- proved of, The sd. John ffrench was call'd in by Jasper Yeates & Samuel Preston, & accordingly admitted & sworn of the Council, "having ffirst taken & subscribed all the Oaths to the Governmt. Enjoyn'd by act of Parliament, & then took his Place. The Governour then proceeded with the Advice of the Board, to Nominate the persons who should fill the Comissions for Judges, & Justices, in each of the three Lower Counties ; and being agreed on, the Lists were Given to the Secretary, with Orders to prepare the Comissions, And then the Council adjourn'd. At a Council at Philadia., y« 15th July, A" 1717; PRESEAT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Samuel Preston, William Trent, Anthony Palmer, James Logan, Robert Arsheton, Jonathan Dickinson, John French. A Pclicon of Thomas Masters was this Day Read at the Board, as followeth : PROVINCIAL COUNCIL. 7 To the Honble William Keith, Esqr., Lievt. Govr. of the Pro- vince of Pennsylvania, & Three Lower Counties. The Peticon of Thomas Masters Humbly Sheweth : That at the Humble Representation of your peticoner's Wife, Sybella Masters, his Majesty has been graciously pleased to Grant him Two several patents under the Broad feeal ; one for the sole Cleansing, curing (k, Refining of Indian Corn Growing in the Planta- tions, filter for Shipping & 'I'rnnsportation, in a manner not before found Out &- practised. The Other for the Sole Working & Weav- ing in a New method, Palmeta, Chip & Straw for covering hatts & Bennetts, & other Improvements of that Ware, for the Respective Terms of ffburteen Years in that Part of the Kingdom of Great Brit- ain Called England, Dominion of Wales, & Town of Berwich upon Tweed, *Ss the Several plantations in America, as by the sd. Letters Patents, (which he now lays before this Honble Board,) may more at Large appear. Your peticoner prays Leave to Record the sd. Patents in the Pro- vince & Territories, & such a favourable Recommendation thereof from this Board, as may the more Effectually answer his Majesties most Gracious Intentions to him. And promote & ffbrward such use- full Inventions & Manufactures to the Publick, Which he has at a vast Expence, Set a foot & projected. And your peticoner shall ever pray, &c. THO. MASTERS. The Board having taken the sd. peticon into Consideracon, thought fitt not only to allow the sd. Thomas Masters to Record the sd. pa'ents, but also to Publish them. The Governour Acqainted the Board that he Intended to set out for Conestogoe to morrow morning early, & Askt the Opinion of the Council whether some presents shou'd not be provided as usual, to give the Tndii:ns, & to what value. The Board were of Opinion that Goods to the value of Twenty pounds should te provided, and the Secretary having some Goods at Conestogoe, was Ordered to Dis- burse y' same. At a Council at Conestogoe, y" ISth July, 1717. I'RESENT : The Honble WILLIAM KEITH, Esqr., Lieut. Govr. Richard Hill, Anthony Palmer, Isaac Norris, Robert Assheton, James Logan, John fii'ench. Present also the Chiefs 4' others of the Conestogoe or Mingoe Indians, the Delawares, the Shawanois & Gunawoise, all Inhabi- tants upon or near the Banks of the River Susqueliannah. 8 MINUTES OF THE The Chiefs of the sd. Indians being met to Confer & treat with the Governr., Peter Bizalion was sworn to Interpret truly & ffaithfullr in the De'.awaic Indian Tongue what should pass between the Govr. & Council on the one hand, & the Indians on the Other. The Governour told the Indians that they liaving lately sent a Message by a Letter to the Governmt. at Philada., Desiring our advise & assistance in some matter of Importance, which seem'd nearly to touch them, And the Governr. being lately sent over by their Great Good flriend & Brother, William Penn, to act in his place & stead, in Affairs of Governmt., while he Himself is Absent & near the Great King or Emperour of all the English, The Governr. was Desirous without delay to Come with some of his Council to see them, & Enquire what new matter had befall'n them, which had rendered them uneasie; And for this End he is now come with his Council as their Brothers & ffriends, to Hear & Speak with them, and to give them all Necessary Assistance. After some time s])ent among themselves in Consultation, the Mingoes or Indians of Conestogoe Ansv/er'd, That the Occasion of their blc Letter was to know of the Governmt. what Christians were settled Back in the Woods beliind Virginia & Carolina ; That they Inquire only about the Christians, with whom we must be bet- ter acquainted than they, for they wou'd not Inquire of us Concerning the Indians, being more Capable to Learn it themselves. The Governour answered that they well Knew the Settlements of Maryland, Virginia eavc, and if the Woman Prisoner Lately taken in Virginia by some of their men, who (at present is Escaped out of their hands) be taken up by any of their people, that she shall be safely delivered up to the Governr. of New York, in order to be sent back to Virginia; and the -sd. Christopher Smith being lately In- form'd, that some ofthe Shawnois Indians in the province;of pensil- vania, & in amity with this Governmt., were present & Concern'd in the murder & Insult aforesd., Comitted at ffort Christianna afd., Humbly Request Your Honours assistance & Countenance in ob- taining an Interview with }'" sd. Shawnoise Indians, & an Interpreter to assist him in Discoursing with the sd. Indians; and if it appears that any ofthe Indians in ffreindship with your Governmt. have been Concern'd in the Comitting the aforesd. ffact, That the sd. Christo- pher Smith may have your hnnrs. assistance & Countenance in pro- curing Reparation for the Wrong done, but if it appear that none ofthe Indians in Covenant or fiVeindship with You have been Con- cern'd in this Cruelty, that then he may be assisted in making such Terms of flreiiulship with the sd. Indians, which by his Comission he is fully Impowered to Do, as for the future may do for the safety & Quiet of his Majesties subjects, and the Indians in amity with the Governmt. of Virginia & Pensilvania. CHRISTOPHER SMITH. The sd. Capt. Smith (being desired so to do,) produced his Co- mission from the Governr. of Virginia, under the Seal of that Governmt., together with his Instructions Referr'd to in his sd. Com- mission, both which were also Read. And because the subject of the sd. i-nemorial principally Concern'd the Shawnoise Indians, Martin Chartiere, who understood & spoke their Language well, vv-as sworn as Interpreter on this Occasion. PROVINCIAL COUNCIL. 11 The Insult lately made on the Governnat. of Virginia, at the fort Christianna, as it is mentioned in the sd. memorial was then fully Related to those Indians, and they were Required to Inform the Governr. whether any of their nation were Concerned in that fact, or know any thing of it. They answered, that Six of their men had accompanj'd that party of the ffive Nations who had Comitted the ffact, but that none of those Six were here present, their Settlemts. being much Higher up Sus- quehanna River, and being askt such further Questions as Capt. Smith requested might be proposed to them in this affair, they an- swered to them severally as follows, viz: That according to the Information they had Received from the Six persons aforemenconed of their Nation^ after their return home, there were only Eighteen persons of the whole Company Imploj'd in that attack near the sd. flbrt Christianna, and that the above menconed six of their nation were with the Rest, at some Considerable Distance by the side of a Creek or Brook, &; were no way Concern'd in it, nei- ther did they know any thing of it untill the Return of the sd. Party of Eighteen who had Kill'd Six men on the spot, took one prisoner who soon made his Escape, & a woman whom they Carried along with them, and that this was all they knew of that matter. Being further askt whether any of their Indians knew any thing of Killing Major Joshua Wynne, in Virginia about five years agoe, They snid they did not know any thing of it. Whether they knew any thing of the Indians killing a Negroeman in Virginia, Belonging to Capt. Robert Hicks, about ttbur years agoe. They answered they knew nothing of it. Being askt what they knew of some Indians of the ffive nations having about ffour Years agoe plundered a Company of Virginia Indians, Traders at Enoe River. They answered that they had often lieard talk of such a thing, but that none of them were Concern'd in it, or cou'd Give any account of it. The Shawnoise & all the Indians present were further askt whether they had any prisoners of the Catabaw Nation, or of any other Nation in ffriendship with Virginia. The Shawnois answered that they had one prisoner, a young man taken some years agoe, whom they Produced ; but all the Others answered they had none. It was demanded ©f the Shawnois that this prisoner shou'd be Return'd to to the Catawbras, from whom he was taken. Their King or Chief answered that they had taken him several years agoe, when he was but a little Lad ; that he had now forgot his Native Language, & spoke theirs, and that they did not think themselves Obliged to Return him at this time. Being further prest to it, The Chief answered that if the King of the Catabaws, whom he now understood were in League with Vir- ginia, would come hither & make a peace with him & his people, (the 12 MINUTE3 OF THE Shawnois,) he might h.ive that young man Back with him, if it was desii'd; but that the Catabaws were a people of Great Exlent, & there were many Naliona under that name. The Young Man was askt whether he was willing to RetuTn, but would give no Answer. Capt. Smith proposed that he might have Liberty to treat with those Indians, in Order to make a League with them in behalf of the Governmt. of Virginia, to which he was authorized by CoUo. Spots- wood, Comission & Instructions. The Governr. answered thai he did not Conceive it to be necessary or usefuU that any persons v/hatsoever should be permitted to Treat with the Indians, Except the Governmt. of that Colony, to which the Indians Respectively belong'd ; but if Collo. Spotswood (for whom the Governour had a very Great Regard) Desired to make any treaty with the Indians who Liv'd under the protection of fhis Governmt., for Establishing a peace &Good understanding between them & the Indians under the protection of Virginia, The Govrnr. Himself, with advice of his Council, would heartily En-deavour to Accomplish a treaty upon such reasonable Terms as Collo. Spots- wood might propose in behalf of Virginia ; and that in the mean time the Governr. wou'd now at this Juncture (as it has been usual in this province) insist upon our Indians ffriendship to, & a good Correspondence with, all the English Colony's, with their dependant Indians, & Virginia in Particular. The Governour then spoke to the Indians by the interpreters, in the words &; manner ffoUowing : That they must Carefully remember that all the several Go- vernmts. , (which the Interpreters particularly Enumerated,) from New England to South Carolina, Inclusive ; Tho' they have Different Governours, Yet they are all subject to the Great King & Emperour of the English ; so that when any Governmt. makes a Treaty of ffriendship with the Indians, they must also treat &- make the samie bond of ffriendship for all other English people, as well as them- selves ; By which means all the Indian nations who arc in League & ffreindship with any English Governmt., must also be ffreinds to each other. If, therefore, any of you shall Hurt or molest the Indians who are at this time in ffreindship with any English Governmt., You thereby Break the League of ffreindship made With this Governmt', Which, as it has been most Inviolably Observed on our part, We Do positively Expect the same to be Done on yours ; and if any of you Receive Damage, or are Injured by Indians who are in peace with any English Governmt., If you can discover what Indians they were that did if. This Governmt., on your Complaint, will Endeavour to procure Satisfaction from that English Governmt. to which such In- dians belong. PROVINCIAL COUNCIL. 13 The Governr. further told them by the same Interpreters, tliat he having Given Himself the trouble to come hither at this time, upon their Request he had not provided himself with any presents for them, being they knew that Philadelphia has always been the place of Treaty with this Governmt., where they ought first to come & offer theirs. But Nevertheless, that it being the first time the Govr. had seen them, be would take this Oppertunity to put them in mind of several parts of their Duty, Which that they might more punctually observe, he had purchased a few things from the Traders, as a small testi- mony of his Good will toward them. Then the presents being laid upon the Ground before the Indians, The Governr. proceeded to tell them. A. 1st. That he Expected their strict observance of all former Con- tracts of ffreindship made between them &, the Governmt. of Pensil- vania. 2dly. That they must never Molest or Disturb any of the English Governmts., nor make War upon any Indians whatsoever who are in ffreindship with &!, under the Protection of the English. 3dlj. That in all Cases of Suspition or Danger, they must advise & Consult with this Governmt. before they undertook or Determined any thing. 4thly. That if through accident any mischief of any Sort shou'd happen to be Done by the Indians to the English, or by the English to them, then both parties shou'd meet with hearty Intention of Good Will to Obtain an acknowiedgemt. of the mistake, as well as to give or receive reasonable satisfaction. 5thly. That upon these Terms & Conditions the Governour did, in the name of their Gre;it & Good ffreind William Penn, take them & their people under the same protection, & in the same ffreindship with this Governmt., as William Penn himself had formerly done, or Cou'd do now if he was here present. And the Governour hereupon did promise on his part to Encou- rage them in peace, & to Nourish & Support them like a true ffreind & Brother. To all which the several Cheifs & their Great men presently as- sented, it being agreed, that in Testimony thereof they shou'd Rise up & take the Governour by the Hand, which accordingly they did, with all possible marks of ffreindship in their Countenance & Beha- viour. These leaves were out when delivered to Richard Peters. This is written on a fragment of one of the torn out leaves which are three in number. 14 MINUTES OF THE At a Council hold at Philadia., y' Slst July, A"., 17 IT. present: The llonhle WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, Jonathan Dickinson; Richard Hill, Samuel Preston, James Logan, Robert Assheton. The Secry. Exhibited an Accot. of Sundry Disbursements & Charges of the Governr's. Journey & Treaty with the Indians at Conestogoe, amounting to fiarty one pounds, one shillmg & ffour pence half penny, which was Kcad and allowed, and the Treasurer is Ordered to pay the same. The Governour acquainted the Board that he Intended, upon his arrival into this Province, to have called the Representatives of the same, to meet him in Assembly; hut Considering the season of the Year Required their attendance on their private affairs, he Delay'd it till this time ; That he Intended to set out this afternoon for the County of Sussex, in order to Countenance the Justices, whom he had commissionated in administring of Justice, the Court being to be held there in a short time, and was pleased to ask the advice of the Councill, whether it was not Convenient that Warrts. should be Issued out, Directed to the Sherifs of the Respective Counties of this Province, Requiring them to summon the severall Representatives of the same, to meet him in Assembly, on the Nineteenth day of Au- gust next, at which time he Intended to be back again ; It was there- fore Ordered, that Writts shou'd be Issued out Immediately, &, then the Council adjourn'd. At a Council at Philada., y'20th August, A"., 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Governr. Samuel Preston, Anthony Palmer, James Logan, Robert Assheton, Robert Assheton was sent to the House of Representatives to give them notice that the Governour was ready to receive them, who return'd and said that the House wou'd wait upon the Governour Immediately. The Assembly being Come, The Governr. made the ffol lowing speech. Mr. Speaker & Gcntl. of the Assembly: Being informed upon my arrival here that the season of Harvest then at hand could not well permit you to meet me in your Represen- tative capacity, until that bussie time was over, I did out of a tendei- Regard to your Interests then dflay the satisfaction I still proposed to myself in meeting with this present Asssembly, and I will always endeavour to make the 'J'ime You must necessarily bestow on the Publick Service as easie &. pleasant to yourselves, as 1 hope it will be 'profitable & satisfactory to the Country in General. PROVINCIAL COUNCIL. 15 If an affectionate Desire to Oblige and Serve the People of this Province, Can Qualify me in their good Opinions for the Station wherein I am now plac'd, may then expect that the Countreys and the Governours Interest will be st) effectually Established upon one bottom, as that he who truely wishes well to either, cannot but find himself engag'd to serve both. And you yourselves may easily infer the Warmth of my Inclina- tions towards the service and prosperity of this Countrey. First, from the Expensive Application last year, by which I Care- fully Introduced to his Royal Highness the Prince of Wales, then Regent, the humble Address of the Assembly of this Province to the King, in such manner as freely to Obtain his Royal Highness's most Gracious assurance; That the people called Quakers were a Body of Loyal subjects, for whom the King had a Great Regard ; That his Highness was Sorry the King was not then present to have received 60 good an address himself, but that the Quakers might at all times depend on his Highness's Good will to Serve them in any thing they had to ask of the King his Royal Father. Then the Diligence wherewith I obtain'd at a Considerable Charge the Commission of Governour, without any other Certain prospect or advantage, but only that I should be thereby enabl'd more Effectu- ally to serve you. And Lastly, by the great fatigue I have under gone since my arri- val here, that no Oppertunity might be slipped to Encourage Virtue and promote the General good of your Countrey. But these considerations are Trifles, compar'd with the Indispen- sible Obligations that is of necessity upon you to Support the Dignity and Authority of this Government, by such a reasonable and dis- creet Establishment as the nature of the thing and your own Genero- sity will direct; And whatsoever You shall think fitt to do in that kind, pray let it no longer bear the Undeserved and Reproachfull name of a Burthen upon the People, but rather let your Governour be Enabled to relieve the Countrey from real Burthens, By putting it in his power to direct a better Economy, and more frugal management of such Taxes as would answer the uses fur which they are intended, if not squander'd by the barefac'd partiality and unprofitable ex- pence of the Officers appointed to Assess and Collect the same. Gentlemen : I doubt not but you will take this first Oppertunity, under a new Administration, to Examine the state of your Laws, in order to revive some that are Obsolete or Expir'd, and to make such alterations and Additions as shall be found necessary for perfecting the Constitution and good order of Government in this Province, ffor that End I am on my part ready to Concur with you in every thing which you can possibly desire or expect from a Governour, who Conscientiously Intends to Observe, and steadily resolves to pursue the Duty of hie Office. 16 MINUTES OF THE At a Council at Philadia., y'24th August, A"., 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Jonathan Dickinson, James Logan, Isaac Norris, Robert Assheton. The Assembly waited on the Governour with two acts, which the Speaker desired the Governour to Pass into Laws, vizt. : An act In- tituled an act ftbr Raising a Supply of One penny per pound & ffour shillings per head ; An act for Regulating the Elections of Sherifs and Coroners, which sd. acts the Governour past into Laws ; After which the Governour made the following speech. Mr. Speaker & Gentl. of the Assembly : I Received a very aflectionate address from your House for which ;1 heartily thank you, and the Generous acknowledgement you have been pleased to make of my Late Endeavours to serve this Coun- trey, Cannot but Greatly Encourage me Diligently to Carry on the same Publick service in all its parts. Your dudifuU Expressions of Loyalty and Affection to the King & Royal ftamily, shall be Care- fully represented by me to his Majesty and his servants in the Minis- try ; and while the spirit of unanimity, and so amiable a Temper with Respect to Government is Continued and preserved amongst you, I will take upon me to say, that you may be ffirmly assur'd of the Kings ffavourable Countenance and Gracious Condescention iu all your applications to the Throne. Gent. : Since you have Observed to me, that it will be Inconve- nient for you to Enter upon any business now which may detain you ffrom your urgent affairs at this time in the Country, I can't but Con- descend that you make such an Adjournment as you think will best suite with the season of the year, for I shall still have a great Regard to the Opinion, as well as to the advantage and Ease of so good an Assembly. The Speaker desir'd that the Governour wou'd be pleased to Issue Out Comissions of the peace for the Respective Counties of this Province, the Courts being nigh at hand, and that he wou'd Exjjedite theTryal of the Criminals in the County of Chester, and acquainted the Governour that the House Intended to Adjourn to the — & — , 4" Desired to know if the time of Adjournment any wise Interferr'd with the Governours affairs. To whicli the Govcrnr. answered, that the Comissions of Peace for each County shou'd be Issued out Immediately, and that to the time «f their Adjournment he had no objection. PROVINCIAL COUNCIL. Lf -At a Council at Philada., y' 26th August, 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, Jonathan Dickinson, Richard Hill, James Logan, Isaac Norris, Robert Assheton- The Governour proceeded with the advice of tiie Council to nomi- nate persons to ffill up the Comision of peace for the County of Chester, and produced a List of Names Recommended to him by the Assembly, Which was read & approved off, and it is Order'd that a Comission be forthwith Issued out. At a Council at Philada., y' 1st Septemr., 1717. PRESENT : The Honble WILLI \M KEITH, Esqr., Lievt. Govr. William Trent, Anthony Palmer, Isaac Norris, Robert Assheton. James Logan. The Governour Proceeded with advice of the Council to nominate persons To ffill up the Citmission of Peace for the County of Philada., and the persons following were appointed, vizt. : Richard Hill, Isaac Norris, James Logan, Anthony Palmer, Nathan Stanbury, Edward fHirmer, Rowland Ellis, Benjamin Vinning, Josiah Rolfe, John Swift, Robert Jones, Clement Plumsted, Morris Morris, also the Mayor and Recorder of the City of Philada. for the tima being, and a Comission was Order'd to be Drawn Directed to the sd. persons to pass the Great Seal. At a Council at Philada., y' 7th Septemr., A". 1717. PRESENT : The Honble WILLIAM KKITH, Esqr., Lievt. Govr. Jasper Yeats, Jonathan Dickinson, Richard Hill, James Logan, Isaac Norris, Anthony Palmer, Samuel Preston, Robert Assheton. The Governour proceeded with the advice of the Council to nom- inate Persons to ffill up the Comission of Peace, for the County of Bucks, and the persons ffollowing were appointed, viz: Joseph VOL. III. 18 MINUTES OF THE Kirkbride, Jeremiah Langhorn, Thomas Stevenson, Thomas Watson, Everard Boulton, Thomas Watson of Buckingham, William Biles, Anthony Burton, John Snowdon, Joseph Bond, John Hall & Chris- topher Vansant, and a Comission is Oider'd to be drawn, immediate- ly to pass the Great Seal. The Governour acquainted the Board that the Speaker of the Assembly had presented him a Bill drawn upon the Treasurer for fforty pounds, payable to such person as the Governour shou'd ap- point Attorney Genii, of this Province, and the Governour named Andrew Hamilton as a person who he believed wou'd be found as Capable of that Office as any in the place, and thereupon desir'd the Opinion of the Board, who unanimously Concuii'd %vith the Governrs. nomination. The Governour Observ'd to the Board that great numbers of foreigners from Germany, Strangers to our Language & Constitu- tions, having lately been Imported into this Province daily dispersed themselves Immediately after their Landing, without producing any Certificates, from whence they came or what they were; and as they seemed to have first Landed in Britain, and afterwards to have left it without any Ly cense from the Governmt. or so much as their knowledge, so in the same manner they behaved here, without making the least application to himself or to any of the magistrates; That as this Practice might bo of very dangerous Consequence, since by the same method any number of foreigners from any nation what- ever, as well Enemys as friends might throw themselves upon us; The Governour therefore thought it requisite that this matter should be Considered by the Board, and accordingly it was Considered, and 'tis Ordered thereupon. That all the masters of vessels who have lately Imported any of these fforeigners be summoned to appear at this Board, to Render an accot. of the number and characters of 'their Passengers respectively from Britain ; That all those who are already Landed be required by a Proclamation, to be Issued for that purpose; to Repair within the space of one month to some Magis- trate, particularly to the Recorder of this City, to take such Oaths appointed by Law as are necessary to give assurances of their being well affected to his majesty and his Government ; But because some of these foreigners are said to be Menonists, who cannot for Con- science sake take any Oaths, that those persons be admitted upon their giving any Equivalent assurances in their own way and man- ner, and that the Naval Officer of this Port be required not to admit any Inward bound Vessel 1 to an I'^ntry, untill the master shall first give an exact List of all their Passengers Imported by them. PROVINCIAL COUNCIL. 19 At a Council at Philada., y" 9th Septemn, 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, Jonathan Dickinson, Richard Hill, Robert Assheton. JAMES LOGAN, Sec'y. Capt. Richmond, Capt. Towor, & Capt. Eyers, waited upon the Board with the List of the Palatines they had Imported here from London ; By which List it appeared that Capt. Richmond had Im- ported One hundred & sixty-four, Capt. Towor Ninety-one, and Capt. Eyers One hundred & Eight. At a Council at Philada., the 28th Septemr., 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Anthony Palmer, Jonathan Dickinson, Robert Assheton. JAMES LOGAN, See'ry. The Governour acquainted the Board that Coll. Spottswood, Gov- ernour of Virginia, being now here on a visit, had informed him that he had some matters of Importance to the Peace and Security of these Northern Colonies to Communicate to the Governour of New York &, himself; That Brigadeer Hunter having given Coll. Spotts- wood an Invitation to see him at New York, He had resolved to proceed thither, and that it was necessary than decent that he him- self also should accompany him thither; Provided, that the Council be of Opinion that his absence at the time of the Ensuing Elections, when some Officers named to the Governr., are to be chosen and Commissionated by him will prove no detriment to the Publick, but that it may be supplied in those cases by the Council ; Whereupon the Law Intituled, an act for the further Securing of the Adminis- tration of the Government, was read, by which it appeared that the Council, in the Governour's absence, were Invested with full power to act in his stead in all those Cases, as also in all others, Legislation only excepted. At a Council at Philada.., the 3d Octobr., 1717. PXJESENT : Richard Hill, Samuel Preston, William Trent, Anthony Palmer, Jonathan Dickinson, Robert Assheton. The Governour in pursuance of the Resolution of the Last meet- ng of the Board, being Departed with Collo. Spotswood for New ao MINUTES OF THE York, Severall affairs of Governn:ent Required the Council in his absence to meet ; and being accordingly now mett, Pursuant to an Act Intituled, an act for the further Securing the adm'acon of Governmt., Richard Flill, Eldest Councellor Present, was chosen Pfesident, Who took the chair, and ordered that should there happen to be occasion by the Lievt. Governrs. Death or Long absence, he being now Gone to New York with an Intent to Return in Eight or Ten days, That notice shall be given of such Death or Long absence to the Board of Trade, and also to the Governr. in Chief, according 10 the Directions of the said act. Owen Roberts, Sherif of the City and County ofPhilada., waited on this Board, & presented his Return of Coroners for the Ensuing year, and Richard Walker, the ffirst named in the said Return, was appointed Coroner of the City and County of Philadelphia, for the Ensuing year. Enoch Story, Coroner of the City & County ofPhilada., Present- ed his Return of Sherifs for the sd. City & County, & Owen Roberts first named in the Returns is appointed Sherif of the said City & County of Philadelphia, for the Ensuing year. The. Return of Coroners for the County of Bucks was Presented to this Board, and William Biles first named in sd. Return is ap- pointed Coroner for the sd. County for Ensuing year. The Return of Sherifs for the County of Bucks, was Presented to this Board, and John Hall of the sd. County is appointed Sherif, he living in the Town of Bristol, which will be more convenient for the service of the Publick, and then the Council adjourn'd to the afternoon. PRESENT : RICHARD HILL, Presidt. William Trent, Anthony Palmer, Samuel Preston. Robert Assheton. The Corporation of this City Waited upon this Board, in Order 10 Present Jonathan Dickinson, Mayor Elect to be qualified, who took the Qualifications by Law required. Owen Roberts, Richard Walker «fe John Hall, took the several Qualifications by Law required ; a!so, the Qualification for the Dis- charge of their Duty in their Respective ofiices. The Coroner of the County of Chester, presented to this Board the Return of Sherifs for the sd. County, and Nicholas ffairlamb is appointed Sherif of the sd. County for the Ensuing year, he Living in the Town of Chester, which will be convenient for the service of the Publick. . The Sherif of the sd. County of Chester Presented to this Board the Return of Coroners for the sd. County, and Jonas Sandeland, first named in the sd. Return, is appointed Coroner of the said County for the Ensuing year. The Council adjourned till To morrow morning. PROVINCIAL COUNCIL. 21 At a Council at Philada,, y' 4lh of October, 1717. PUESENT : RICHARD HILL, Presidt. William Trent, Anthony Palmer, Jonathan Dickinson, Robert Assheton. Samuel Preston, The Council being met, Nicholas ffairlamb, Sherif of the County of Chester, took the Qualifications by Law Required, as also his af- firniacon for the Due Execucon of his Oflice. At a Council at Philada., y' 19th October, 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Isaac Norris, Robert Assheton, Jonathan Dickinson, James Logan, Secry. Samuel Preston. The Governour acquainted the Board that he had Received a Letter from the Assembly at New Castle, who were now sitting, which was Read, and that he Intended to be theie to morrow night, that he thought it requisite that some of the members of Council shou'd attend him thither, for that he believed that the Assembly Intended to Proceed to Business. At a Council at Philada., y' 12thNovemr., 1717. PUESEPW : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Jasper Yeates, Robert Assheton, Isaac Norris, John French, Jonathan Dickinson, James Logan, Secry. Samuel Preston, The Governour askt the Board whether they agreed with him in Opinion, that it was his Duty to Call for an accot. of Certain moneys Received by the late Treasurer of this Province, by the Direction of an act of Assembly, now read, vizt. : An'act for raising Two Thousand Pounds for the Queen's use. and that ihe sd. money wou'd be most properly Lodged in his hands, whose Receipt is by the sd. act De- clared to be sufficient, & the only Legal Discharge therein mentioned to the late Treasurer his Exrs. , and the sd. act having appointed the Governour the Person by whom the sd. money is to be paid to the Order of the Crown, no time should be Lost in Calling for and se- curing the same accoiding to the Direction of the sd. act, to which the Council agreed. 82 MINUTES OF THE The Governour askt the opinion of (he Board about Publishing a Proclamacon for giving a suitable reward to any person who shall in a Certain time Discover (o the Governour or other magistrates any Person or Persons within this Province, or that shall arrive here within the time perfixt, so as that they may be Convicted of Piracy, or to have had any Intercourse by way of Concealing or Giving Assistance to the Pirates, wJio have lately Infested our Coast & Interrupted our Trade, with a promi-e that the Governour willmost heartily Interest himself to obtain his Maties. most Gracious pardon to such of the Pirates themselves as will voluntarily come unto him and Discover any of their accomplices, so as that they may be con- victed by Legal Testimony, and that all Magistrates, &c., be strictly Comanded to take notice of Vagabonds &, Suspected persons, more Especially sea faring men, who can give no accot. of them- selves, that they may be secured on suspicion, in order to be Dealt with as the Law Directs, to which the Board unanimously agreed, and a Proclamacon was ordered to be Immediately Drawn. A Peticon of Jane Hayes & Ann Hajes, of the County of Ches- ter, was Read, and Deferr'd till the Atty. Genii. & Chief Justice were present. The Governour acquainted the Board that he had Deliver'd to one of the Proprietors Comrs,, rizt : Mr. Logan, a scheme Concerning the Quitrents of the three Lower Counties, and now desired Mr, Logan to Comunicate the same to the rest of the Comrs., that they make report the next Council. Then the Council adjourned. At a Council held at the Govts, house in Philada., y' llth fiebry. 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, James Logan, Samuel Preston, Anthony Palmer, Jonathan Dickinson, Robert Assheton. The Governour acquainted the Board, That for as much as there seemed to be a necessity upon him to Issue a Comision for the Tryal of Certain Criminals now in Goal for murther, and that he is not satisfied with the presendents and fTorms heretofore used in this Pro- vince, vizt. : to Grant such Comissions in the Governours name, which the Governr. Conceives from the Kings Royal Prerogative, as it is ascertain'd to be understood in the sense of the Law, by the statute Hen. 8, Anno 27, Cap. 24, ought to be granted & Issue in the Kings name^ The Governour therefore desires that the Board will maturely PROVINCIAL COUNCIL. 23 Consider a matter of such Importance, and either Concur in Opinion with him to have Comissions of Oyer «St Terminer or Goal Delivery, and all Comissions of the Peace for the future to be Issued in the Kings name and tested by the Governour, or otherwajs that they will so far agree upon such other certain form, to be used in Grant- ing the said Comissions, as will save harmless and Justify the Go- vernour in his proceeding therein ; upon a Debate, and Observing that some members were absent, the farther Consideration of the matter proposed was delay'd to friday next, being y' 14th Instant, at nine in the morning precisely, and the Council was adjourned to that time accordingly. At a Council at Philada./y' 14th ffebry, 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, John French, Samuel Preston, Isaac Norris, Jonathan Dickinson, James Logan, Secry. Robert Assheton, The last minute of Council was Order'd to be Read, then the Go- vernour spoke as follows. Gentlemen : In your last Debates on this Subject, I think it was Generally agreed that such Commissions ought not to run in the Lievtenant Govrs. name, for that was said to be an alteration in the stile which some knew how had crept in, without any Condescension Warrant or authority from the Proprietor & Governour in Chief. If therefore you continue in the same mind, it's plain that here is sufficient Occasion given for some alteration, So that all arguments in behalf of the Precedents Immediately before us, and for Continuing y" same fForms are to be laid aside, and as I conceive the Question will then come to this single point, vizt. ; Whether these Commis- sions ought for the future to be Issued in the Kings Name and tested by the Governour, or in the Proprietors name with the like Test. I do not pretend so nicely to Judge of, nor to be so well acquainted with the Nature and Extent of the Proprietors Title to the Dominion of this Country, as several Gentlemen here present, from whose greater Experience and knowledge therein we may doubtless expect to be fully satisfy'd. But I will pretend to have as true a Regard for the Proprietors honour & Just Interest, as any person whatsoever. And at the same time I will frankly deliver my Opinion that the Commissions mentioned, ought to be Issued in the King's Name, 24 MINUTES OF THE and Tested by the Proprietor and Governour in Chief himself, or in his absence, by the Deputy Lievtenant Governor present ; and my reasons for this Opinion are : 1st. That in any case where the King, (as in the Proprietor's Let- ters Patents,) Expressly reserves to himself and his successors the allegiance due from a subject to his sovereign ; his Majesty cannot at the same time be understood to Grant away and transfer any Pre- rogative which is Essential to, and inseparable from the Sovereignety it self, and which the Common and Statute Laws of England do assert to be the Inherent and unalienable Rights of the King's Ma- jesty. 2ndly. That whatsoever might have been the Practice at the beginning or Infancy of this Colony, Yet by the Course and admin- istration of Governmt. now for several yeai-s past, it doth appear that neither the Proprietor nor any officer under him ever so much as claim'd or pretended to the Prerogative of Issuing any manner of Process in the Proprietor's Name, On the Contrary, Acts of Assem- bly have been pass'd, and are now in fforce to Command and Direct all Process to Issue by Writts in the King's name. Wherefore I conceive that as the Judges' Commissions cannot pos- sibly be derived or proceed from any lesser Authority ; So neither Can two such different and distinct Personages as the King and his subjects, be made Use of to authorize and carry on the several Com- pounding parts of one and the same Process. 3dly. I have with attention perused this Copy of the Proprietors Letter Patents now in my hand, and do verily think that any per- son who has been but a little Conversant with the Law & Constitu- tion of England, cannot possibly Interpret the Powers of constituting Judges, &c. , thereby Granted to the Proprietor any otherwise than that the Proprietor is by these Letters Patents authorized and Privi- Icdged to make use of his Majesty'^s name in the Issuing of Certain Commissions for the better Government of the Kings subjects m this Colony, to such person or persons here as the Proprietor or his Deputies shall think proper for that service. 4thly. I cannot but understand the Priviledge Granted to the Pro- prietor by these Letters Patents of Issuing his Commissions in the Kings Name to such persons as he shall think ffitt to be more hon- ourable of greater authority, and I am sure, attended with more safety, as well as Etitituled to greater protection, than if it had or could have been Granted, as some would now seem to understand it. 5thly. Should these Commissions be Granted m any other than his Majesty's Name, I conceive that if it did not actually overturn, it would at least subject all our judicial proceedings in this Govern- ment to such Exceptions and Cavils as must render the Magistracy Contemptible if not blameable. And Lastly, I have but too much reason to apprehend that such a measure would greatly endanger the Proprietors unquestionable PROVINCIAL COUNCIL. 25 I^ight to Chuse & appoint the officers of Government in this Pro- vince. These, Gentlemen, are the reasons why at this time I think that the Commissions for Judges and Justices of the Peace ought to be Issued in his Majesty's name. But as this matter is in itself aUogether indifferent to me on any other Accot. than v»'hat is above mentioned, 1 am not only ready to hear your opinion^i, but also to follow any advice which you shall think proper and Consistent with my Duty to the King, the Trust which I have received from the Proprietor, and the Reputation of an honest man. The matter being largely debated, it was alledged on the othe r side. That the difficulty of coming to any certainty in this and such other points, arises from our not distinguishing fully between the state of England and that of New Colonies made without the Verge of the ancient Laws of that Kingdom. That as the King of Great Britain can grant his Royal Licence to any number of his subjects, to transplant themselves out of that Kingdom into any other Princes Dominions where they would not be Governed bj the Lavvg of England; So he may unquestionably grant them the same to remove into any foreign Land where they may find footing, and this upon such Conditions aj he shall think fitt to prescribe to them. That these American Lands being new Discoveries, of Tracts lono- Settled by their native Inliabitants the Indians, who were under no subjection to nor hud any Knowledge of the Laws of England ; those Laws, whenever they come to reach these Lands, must by some Re- gular method be extended to them, for they cannot be supposed of their own nature to accompany the people into these Tracts, in Ame- rica, any more than they would the sfcme persons going into any other foreign part of the world. That King Charles the Second, in the Grant of this Colony to our Proprietor gave him, with the Pecpla accompanying him, full power to Enact Laws for themselves not repugnant to those of England, without extending any other tban such as were jud;:ed absolutely necessary for the pooples p'jace and Common safety, till such time as they should think fitt to alter them. That the King, in re-ervlng to himself the sova-eignty over these People, declared only that they were to Continue his subjects, and that he was still their iiatural Prince; But that his Royal Prerogative as exercised in En-vland, which in some measure is a part of the Laws & Constituti.on of England, can no more be understood to ac- company the Sovereignty than all the other Laws can, for in England it is the Prerop^ative of the Crown, amongst other things, to summon and dissolve Parliament ; but it is not so with our assemblies while our own La.ws are in force. That the; Proprietor, by Vertue of the Powers of the Royal Grant, 3 26 MINUTES OF THE has by his Charter to the People of this Province, appointed the Election and Meeting of Assemblies ; as also tbe Electiou ofSherifs and Coroners, (wbo in Great Britain are the immediate officers of the Crown) in a manner wholly Inconsistent with the Royal Prero- gative in England; and this method being further Enacted into a Law, it has passed the Royal assent, which is a full proof of the Crowns approbation of it. In the same manner the Proprietor might have granted the appointment of Judges and Justices, without any Commission from himself or his Lievtenant, which would have put this matter in Debate out of Question. Therefore, the Practice in England in these cases cannot properly be pleaded as a Rule to us. That other Proprietary Governmt?. in America, particularly Ca- rolina and Maryland, have used their own stile and granted their Commissions only in the Proprietors names, without being questioned for it as far as we have heard, and the same having been hitherto practised, here appears there no necessity that at this time such an Innovation should be introduced by our selves, while under the Pro- prietors Government. That the alteration in the stile of the Writts some few years agoe was but by accident, and implies no necessity that Commissions should run in the same, writts being but a part of the Practice of the English Law, which it has been thought proper in some measure to introduce into our Courts, but that the Commissions being a delega- ted Power from the Proprietor and his Lievtenants, they may Justly bear the name of him in v^'hom the power of Granting them is prin- cipally Lodged. 'Tis therefore humbly proposed, that the Proprietors stile should still be Continued till such time as the Government be resigned to the Crown or such orders be given for that purpose, as have never hitherto appeared that we know of in any Proprietary Government In America. And a majority of the Council adhering to these sentiments, The Governour at last Condescended, that the said Commissions be Is- sued in the Proprietors name and tested by the Governour, which was Order'd to be done accordingly. At a Council at Philadelphia, the 15th ffebry., A"., 1717. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, Robt. Assheton, Isaac Norris, James Logan, Secry. Jona. Dickinson, The Governr. acquainted the Board that the Proprietors Commis- sioners of Property had lately Represented to him in Writing, that PROVINCIAL COUNCIL. 27 certain persons from Maryland had, Under Colour of Rights from that province, lately Survey'd out Lands not far from Conestogo, ^ near the thickest of our settlements to the Great Disturbance of the Inhabitants there, and that for Preventing the Disorders which might arise from such Incroachments, they Desir'd that magistrates province ; also an act for Esta- blishing new flerrys over Delaware River, from Philadelphia to West Jersey; it was moved that they should be read, tor the members of Council to observe upon them, & speak to them as have been done toother Ingrost Bills, for that the House of Assembly now Expected the Governourto send fi)r them, in Order to pass such Bills as had already been subjected to the Governours amendments, & were finisht by the House. Several members stood up, & after having declared their Dissatisfa- con that so short a time was given for them to offer such amendments as they Conceived were necessary to several Bills of Importance, they Desired Leave to Withdraw, least their presence, if such bill should be Passt without further amendments, might be understood to Carry their assent along with it. The Governour then put the Question remain or Withdraw. Remained. Withdrew. Samuel Preston, Richard Hill, Anthony Palmer, Isaac Norris, Robert Assheton, Jona. Dickinson, James Logan, Secry. Then the Governour sent Mr. AsSheton with a message to the House that he expected their attendance with their Speaker Imme- diately. The House attended accordingly, and the Speaker Presented several Bills to the Govcrnr., & in the name of the House Desired that they m.ight be passed into Laws. The Governour Looking upon the Bills & observing that they had not been signed by the Speaker as usual. Desired that the Bills might be Complealed by the House & signed bj the Speaker before they were presented in form to him. Then the Speaker signed each of the Bills by order of the House, «fe presented them to the Governour, who Read each title by itself, 6i so past them into Laws, and they were as follows, vizt : At a Council at Philadelphia, y' 8th Day of May, 1818. PRESENT : The Honourable WM. KEITH, Esqr., Lieut. Governour. David Loyd, Chief Justice. Samuel Preston, Robert Assheton, Jonathan Dickinson, John ffrench, Anthony Palmer, James Logan. The Governour acquainted the Board with the occasien of their Bein^ Called, in these Words, vizt: VOL. HI. 30 MINUTES OF THE Gkntlkmen : The Justice of this Governmt. having been in some measure Re- trieved & vindicated by tlie Late Court of Oyer, & solemn Tryal at Chester, where two Criminals Convicted of murder, do Lie under Sentence of Death, to be Executed the ninth Instant- And since by the Royal Charter the proprietor or his Lievtenant here may Grant Repreives in Cases of murder untill his Majesties pleasure is known; I Desire to know what you'l advise me to Do on this occasion. I for mj part, Gentlemen, am fully satisfied from ihc Judicial pro- ceedings at the sd. Court, where I was myself present, that these persons not only had a most favourable & ffair Tryal, according to the Course of the Common Law of England & acts of Assembly, which are in force here, & not Inconsistent with the sd. Common Law; but also do in my Conscience think that the Proofs were so Preg- nant, & the Crime so Black, as most Justly did Infer the Punish- ment of Death to be Inflicted on the Guilty persons. Wherefore, unless some good Reasons are offered at this Board, for Repreiving either one or Both of the sd. Condemned persons, I Cannot otherwise be Induced to Withstand or Delay the E:;ecucon of that sentance, which the Law has pronounced. There was at the same time Presented to the Board a Peticon to the Govr. from the Criminals, accompanied with an appeal to the King, both in these words, vizt. : To the honble William Keith, Esqr., Lievt. Governr. of tlie Pro- vince of Pensilvania. The Humble Peticon of Hugh Pugh, Milwright, & Lazarus Tho- mas, Labourer, Sheweth : That whereas your Peticoncrs now Lie under Sentence of Death, for the murder of one Jonathan Hayes, (altho' God is their witness they never had the Least design or Intention of Killing,) and the day of their Execucon, they are Inform'd, being appointed to be on fTrjday next ; now forasmuch as your peticoncrs humbly conceive they have not been tryed according to Law, most of their Tryors, &c. being persons on their affirmacons, your peticoners, for this & other weighty reasons they have to ofler, do with all submission Insist upon an appeal to the King, as their undoubted Right not only by the Constitucon of Great Brittain, but also of this province, and Do hereby appeal to his Majesty accordingly. Humbly beseeching your H«nr. to cause the Execucon of the sd. sentence to be stay'd by Clranting them a Repreivc, untill his Majestys Pleasure be known iherein. And your peticoners as in duty Bound shall ever Pray, &c. HUGH PUGil, LAZARUS THOMAS. PROVINCIAL COUNCIL. SI To his most Excellent Majesty Gcor2;e, by the Grace of God, of Great Brittain, firance &; Ireland, ]_)efcnder of the flaith & K-ing. The Pcticon of Hugh Piigh, of Chester, in the province of pensil- vania, Milvvright, & Lazarus Thomas, of the same place, Labourer. Humbly Sheweth : That Whereas his Late Majesty King Charles the Second, by his Letters Patents, bearing date at Wcitminstor the fourth of March, in the twenty third year of his reign, did Giant unto William penn, Esqr., ihe Proprietorship & Government of the province of pensilva- nia; did Impower the sd. William penn, by Judges by him Delegated to award Process, hold pleas, & Determine in all the Courts & Tri- bunals of the sd. Province, all accons.; suits & Causes whatsoever, as well Criminal as Civil, but at the same lime did save &l reserve to himself, his heirs i^' Suceessors, the Receiving, having, & Deter- mining the appeal & appeals of all or any Person or persons of or belonging to the sd. province, as touching any Judgment to be there made or given ; Your peliconers therefore Lying under Sentance of Death within the sd. province, as appears by the Record hereunto annexed, do appeal unto your most Excellent Majesty & for reasons of their appeal shew unto your Majesty the reasons following: 1st. Because Seventeen of the Grand inquest who found the Bill of Indictment Exhibited agt. them, & Eight of the petty Jury who found them Guilty were Quakers, or Reputed Quakers, &. were Qualified no otherwise than by an affirmacori or Declaracon con- tray to a statute made in the ffirst year of jour Maties Reign. 2ndly. Because the act of Assembly of this Province by which Judges, Jury & Witnesses were pretended to be Qualified, was made & past the Twenty-Eighth Day of May, In the ffirst year of your MajestieVi Reign, which was after the sd. murder was supposed to be Committed; and after another act of Assembly of the same nature was Repealed by her Late Majesty, Queen Anne. 3dly. Because the sd. act of Assembly is not Consonant to Rea- son, but Repugnant & Contrary to tiie Lav/s, Statutes & Rights of your Majesties's Kingdom. For these & other manifest Errors in the Record aforesaid, your Peticoners most humbly a[)peal to your most Sacred Majesty from the sd. Judgment, not Doubting but when the Record &; Process thereupon have been Inspected, your Majfsty will Cause to be done what of Right; & according to the Law & Customs of your Majes- tie's Kingdom pf Great Britain, ought to be Done. Hereupon one member delivered his Opinion to this Efiect, That he did not Pretend to mollify or Lessen the notorious Crime of murder Committed by these Criminals, whom he thought in his Conscience, justly deserved to Die, & in behalf of whom he had therefore nothing to move ; but nevertheless he judged it would be Prudent to Grautthcse Condemned persons a Reprieve at this time, di that it was solely & purely his Great Regard to the Security of the S£ MINUTES OF THE Government here, which Induced him to be of this Opinion, to which one other member only adhered. It was answered by the Governour, the Cliief Justice, & all the other members present, Vizt : Tliat it was notorious how these very persons now under sentence of Death, had for several years ap- peared at the head of a Lawless Gang of Loose ffellovvs, Common Disturbers of the public peace. That the horrid Crime for which they were now Condemned, had been Committed above three years agoe, And that through the in- dolence of a ftbrmer administration, which unhappily neglected to bring the Criminals sooner to Justice, they were so hardened & be- come so audacious as still to continue in their publick Rioting, Ca- balling & flighting, to the insuppor able burthen, evill Example & manifest Prejudice of the whole people of tiiis Province, &; that even they spared not Impudently to Boast that they well knew it was not in the power of the Government to try any Capital Crime according to the Common & Statute Laws of Rugland, which they would claim as their right. That ncverihelcss they had had a most ffavourable & flair Tryal, wherein the greatest Care Immaginablc was taken to have the proceedings Exactly Conformable to the Laws of England, & those of this Province being perfedly cor;sislent with each other. That the Crown had granted unto the proprietor & his Lievten- ants here, as full piwer of Goverumt ha.i had been given any where else in America ; and that if we neglected to make use of them in a Case of such Importance to the Quiet & future safety of all the Inhabitants of the Province, as this phiinly appeared to be from the full Evidence of above twenty Witnesses, VVc wou'd not only thereby Expose ourselves in the opinion of all good men who duly consid- ered the duty of those Intrusted with such Powers of Government, but also jus'ly become Obnoxious to the Censure & blame of our Superiours ; That even the pcticons offered by the prisoners contain a lull acknowledgement on their parts af the fHict, for which they stajid Condemned, and that though a right of appeal, when well founded, &. offered according to the necessary form & Direction of the Law, doth lie in all tlie Governments of America immediately un- der the Ci-own, as well as in this Province; yet it was never known, & indeed would be absurd to suppose that a Condemned person could, without any Regard had to iFact or Circumstances, make use of that Right how & when he j)leascd, in order to Extort a Reprieve from the Execucon of that sentence which the Law had justly pro- nounced agst. him. These Peticons therefore beiug both out of time 4' most Improper- ly offered in this Place, The Governour is Clearly of Opinion with the Chief Justice Si oilier members, (saving to sucii of the Board as are of a difreren'. senliment, the Priviledge of Extending their Opi- .nion & the Reasons of it upon the minutes of Council.) Tiiat the Constitucon of this Province, as it is Established by Law, must be .maintained & supported, &; that it is by no means Expedient or I I I PROVINCIAL COUNCIL. S3 prudent in this Case for the Govenr. to Interpose, or any way- Interrupt the Execucon of that sentance, which the Law has so so- lemnly Pronounced agst. the Criminals. At a Council at Philada., y' 2rth May, 1718. rjjESENT: The Honble WILLIAM KEITH, Esqr., Lievt. Govt. William Trent, James Logan, Samuel Preston, Robert Assheton, Isaac Norris, John fircnch. An act for the advancement of Justice & more Ceriain administra- con thereof; An act Impowering the Justices to settli; the Prices' of Liquors in Publick houses, & Provender for Horses in Stables; An act for Continuing the ferry from Bristol, in the County of Bucks, to Burlington, in the Western Division of the province of New Jersey; An act for Establishing a fferry over Delaware at the ffalls, as also an address from the Governr. & Assembly to the King, were Read at the Board, & a Committee of the Council were appointed to make such amendments to the sd. Bills & address as they thought proper, &, Lay them before the Board at their next sitting. Road from Co- "^ A Peticon of several of the Inhabitants of & near nestogo to T. ! Conestogoe, setting forth the Great necessity of a Moores&Bran- [Road to be laid out from Conestogoe to Thomas dywine. J Moores & Brandjwine, was read, & the Board having taken the sd. peticon into Consideracon, appointed Isaac Taylor, John Taylor, John Carlledge, Ezekeil' Harland, Thomas Moore, Joseph Cloud & William Marsh, to Lay out the sd. Road, k make Report thereof at this Board, in order to be Confirm'd. At a Council at Philada., the 29th May, 1718. PHESENT : The Honble W^ILLIAM KIETH, Esqr., Lievt. Govr. Isaac Norris, James Logan, Jonathan Dickinson, Robt. Assheton. The Comittee appointed by the Last Council to make amendments to several Laws then Read, Report that they had made several amendments and laid them before the Board, which amendments were read & Considered, and James Logan & Robert As.sheton were ordered to carry the bills, with their ammendrnents, to the House, 6o then the Council adjourned. 94 MINUTES OF THE At a Council at Philada., the 30th May, 171 8. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Isaac Norris, Jamos Logan, Jonathan Dickinson, Robert Assheton. An act for supplying Defects in the Law for the Releif of the Poor, was read at the Board, & several amendments made, ^v•hich were Ordered to be Carried to the House by the Secretary, and then the Council adjourned. At a Council held at Philada., the 1st of June, 1718. PRESENT : The Honble WILLIAM KIETH, Esqr., Lievt. Govr. William Trent, James Logan, Samuel Preston, Anthony Palmer, Jonathan Dickinson, Robert Assheton. The Governr. Laid before the board two Votes of the Assembly, signed by the Speaker, in these words, vizt. : May 31st, 1718. A Motion being made &; the Question put, That an agency to be settled in London for negotiating the Publick afiairsot this Province, Especially to Present an address to the King, signed by the Governr. & Speaker of this Assembly, and also to use Endeavours to obtain the Royal approbacon to such of our Laws as shall be transmitted thither from time to time, and that the Governour t^* Council be Desired to appoint an agent for that Purpose. Past in the affirmative. A motion being made & the Question put that the sum of one hundred & fifty pounds be Issued out of the Treasury of this Pro- vince, by order, under the Speaker's Hand, for such an Agent, and to Defray the necessary & Contingent Charges of his negotiation in the Premises. Past in the affirmative. WILLM. TRENT, Speaker. The Governour. hereupon informed the Board that just now an opportunity Presented for this River directly for London, which in his judgment ought to be embraced, the appointment of a proper agent to negotiate the Publick affairs of this Province, being of such Importance to the security of the Gcovernment here, that it ought by no means to be Delay'd,and therefore Recommended it to the Con- sideracon of the Board, Either to name a person suitable for that Trust, or otherwise to think of the best method for appointing one. Resolved, that Henry Goldney, with the Concurrence & approba- tion of the Proprietor. or his Lady, be desired to nominate such a PROVINCIAL COUNCIL. 35 Person near the Court as in the best of their Judgment they shall think the most Capable & proper to negotiate our affairs as agent for the Province, to whom they are to allow so much of the menconed sum, vizt : one hundred & ftli'ty pounds money of tliis Province, as they shall think most Reasonable, and the Secretary is ordered to transmit an aulhcntick Copy of this minuet to the sd. Henry Goldney. At a Council held at Philada.,the 15th June, 1718. PRESENT : The Honble WILLIAM KEITH, Esqr. Lievt. Govr. William Trent, Jonathan Dickinson, Isaac Norris, James Logan, Samll. Preston, Robert Assheton. The Governr- acquainted the board that one Martha JUnderdown, a- single Woman, having at a late Court of Oyer & Terminer, held in the County of Bucks, been Condemned for murdering her Bastard Child, for which sentence of Death had passed upon her. The Judges of the sd Court, Vizt : Chief Justice Lloyd & Judge Trent had ■apply'd to the Governr. in a writing under their hands, & which was laid before the Board, Representing the Criminal as an object of Compassion, & thei-eupon Recommending her to the Governrs. Mercy to Reprieve her for such time as he shall think fitt; Upon which the Governour desired the advice of the Board, And it was their Unanimous Opinion that the sd. Offender having first been Reco- inended by the magistrates of the County to the Judges as they have Represented it to the Governour, and the Judges before whom the Tryal was. Concurring in Opinion that she is a fit object of mercy, and as such have Recommended her to the Governr; The Governr. therefore, if he think fit, may make use of the Powers of the Royal Charter, & with good reason Grant her a Reprieve, and accordingly a Reprieve was ordered forthwith to be made out under the Great Seal of this Province, for suspending theExecucon of the sentance of Death, past upon the sd. Martha Underdown, for the space of Twelve months after the day appointed by the Death Warrant, already signed by the Judges, for Executing the sd. sentance: Provided always, that the sd. Reprieve & the Effect thereof shall Terminate by, & be subject unto, any order & Direction that may within the sd. Twelve m >nths Come from Great Brittain, to signify his Majes- ties Pleasure Relating thereunto, and then the Council was adjourned aintil ifryday next, in the afternoon. 56 MINUTES OF THE At a Council held at Philada., the 16th June, 1718. present: The Honble WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, Jonathan Dickinson, Samuel Preston, James Logan. Robert Assheton, Tagotolessa or Civility, the present Chief or Captain of the Conesto- goa Indians, with Weeay vvais, Soohayesse, Cannatellan & Calhaghe- herot of the same nation, Methawcnnah, Chief of the Shawnois above Conestogoe, George, an Indian sent to Represent the Ganawais & Sheeckokonichan, a Chief of the Delawares, formerly on Brandy- wine, all at present Inhabitants on Sasquehannah, being lately come from their respective habitations to Pay a visit to this Government, they now waited on the Governr. & Council, and John Cartledge & James Hendricks being Interpreters, both skilled in the Delaware Tongue. The Governr. Ordered John Cartledge to acquaint them, that upon their Visit he had at their desire now Called a Council, in Order to Hear v/hal the Indians had to Lay before them. Tagotelessa, Captain of the Conestogoes, said that they were Come only on a ffriendly visit to see us, & to Renew the old Leage of ft'riend- ship that had hitherto been between us and them, that most of their old men were Indisposed & cou'd not undertake the Journey, but ihey had Brought some of their young men to see us, & Learn how they of themselves Ought when they come to more advanced years treat with their parents & friends. The Governour told them their Visit was very acceptable, he hoped all was well with them, but desired them now to be free, & if they had any thing to Complain of that wanted to be Redressed, they should without reserve comunicate it. They then presented a small bundle of Skins, & said, that they had sometime before the Governours arrival lost their King in war, but there were those left amongst them who have the same Respect & Friendship for this Governmt. that he had in his lifetime. That now he is Gone they are more sensible of their Loss of so good a man to Govern them, & they heartily Lament him, but they hope liis Place will be supply'd and the same ffriendly Disposition will always be continued among them. And they now desire the Gover- nour to take notice, that tho' their Last Good King is taken from' them, they have one yet left who was nearly related to him, who has an English heart &.a Great Love for the Christians. Him they have now Chosen for their King in the others stead, & as such pre- sent him to the Governr. by the name of Oneshanayan. They then laid down a Second small Bundle of Skins, & proceed- ed to say. That their King being present with the Chief of Shawnoia & Ganawase, what he, vizt. : Tagotelessa or Civility says is what PROVINCIAL COUNCIL. 37 all agree in with one voice & mind ; That they are Glad to find them- selves in full happy Circumstances, for that they have not for some years past had a (jovernour Avho took such notice of them, but now the present Govern r. gives them the same satisfaction as if they thought William Penn himself were amongst them; that they had brought a {ew skins, not by way of Present, for they were not worthy to be accounted such, but only to Lay them under the Governrs. ffeet to keep them & his House Clean ; that they Came not to make any new Treaty or League of friendship, but only to Renew or Confirm those which had been made, & were hitherto Inviolably kept on both sides. They threw down a third parcel of skins, & Civility said, that he with some of the young men had this Last spring some Inclinacon to Go out to war towards the Southward, but being put in mind that it would not be agreeable to this Govcrnmt., and afterwards Re- ceiving the Governors letter forbidding them to Proceed, they Desist- ed ; that they Intend to go out this next winter a hunting that way, & think it proper to acquaint this Governmt. therewith, for that they bear such a respect to the Governmt., & know that we have always been so ready to Protect & assist them, that they are agreed not to do any thing which will be disagreeable to us ; That they look upon themselves but like Children, Rather to be Directed by this Governmt. than ffit to offer any thing more on this head But they must Crave leave to add one thing further, vizt : that they have reason to think the authority of this Government is not duly observed, ffor that notwithstanding all our former agreements, that Rum should not be brought amongst them, it is still carried in great Quantities, They had been doubtful with themselves whether they should mencon this, because if they were supplied with none from hence, they wou'd be from Maryland which wou'd be a means of Carrying of their peltry thither, but there have been such Quanti- ties of that Liquor Carried of Late amongst them, by Loose persons who have no fixt settlements, that they are apprehensive mischief may arise from it, that tho' they are perfectly well Inclined when sober, yet they Cannot answer for their people when drunk, and Least any Inconveniencies may Ensue from thf^nce to this Government whom they so much Respect, as well as to their own people, they Desire this may be taken into Consideracon, in order to be prevented & re- dressed by all proper measures. Shecokkeneean added, that the young men about Pextan had been lately soGenerally d-'baucht with Rum, carried amongst them by stran- gers, that they now want all manner of Clothing & necessary s to go a hunting, w-herefore they wish it would be so ordered that no Rum shou'd be brought amongst them, by any Except the Traders who furnish them with all other necessary s, & who have been used to Trust them & Encourage them in their Pluntino;. Having thus Delivered themselves they withdrew, and the Treasu- rer &, Secretary were ordered to take an account of the Real value 4 S8 MINUTES OF THE of their small presents, & to Provide some English Goods Exceeding that value by about one fiburth or a Third part at most, and then the Council adjourned to ffbur in the afternoon. POST MERIDIEM. PRESENT : The Honble WILLIAM KEITH, Esqr., Lt. Govr. William Trent, Jonathan Dickinson, Isaac Norris, James Logan, Samuel Preston, Robert Assheton. The same Indians attending again, the Governr. Ordered the In- terpreters to Deliver to them what ffoUows, being first Drawn up in writing, viz : That their friendly visit on a Design to Brighten & Strengthen the Chain which had for so many years bound, & united them & this Governmt. together as one People, v/as very acceptable. They were sensible that William Penn, the Lord of this Country, had been as a Common ffather to them ; that he had Given it in Charge to all those who Governed in his stead, to treat them in the same flreindly man- ner he had Done himself; that the present Governour, for his part, shou'd always as ready as a father to Embrace & Support them, while they Continue the same fidelity to this Government they had hitherto done. That we were all much affected with the Loss of their Last Good King, and the Governour wou'd have been pleased to see more of their old men, that however he now took the young men that came on this visit by tke Hand, as those that were coming up in the places of the ancients, & were to continue the same ffriendship with our younger people, that their parents the Elders of both sides had done before them. That we kindly Received the Person they had appointed their King or Chief, in the place of our good Deceased friend, if it be by a general approbation. The Governour hoped he would always have the same heart & ffriendly Disposition towards the English, that his Predecessor was well known to have in his Life time, & would unite himself & all his People with this Governmt. as one heart & one body ; that for the future we Shou'd apply to him as their Chief in all publick Busieness, &; Doubled not but the old men wou'd assist him with their advice in the best manner for their advan- tage, & for preserving a strict tie of Friendship with us. That the Governour Cou'd not take in good part their motions towards going to War last Spring, Considering they had Engaged themselves to the Contrary in their Last Treaty with him at Cones- togoe. The Governour Expects they will not make the least advance that way for the fFuture, without the approbacon &. Leave of this PROVINCIAL COUNCIL. §6 Government, for they are now but weak of themselves, and may by rash attempts Draw powerfull Enemies upon them, & not only In- tirely ruin themselves, but Eni^age us also as their ffriencls into their Quarrels ; They must therefore be Governed in this Point by this Government, who can judge better of those affairs than they are Capable; The Governour is sensible they may have too just Cause to Com- plain of Loose Idle fellows bringing Quantities of Rum amongst them to their Gre;it Injury, that this has nut for some lime past been sufliciently Look't after, but the Governour wou'd speedily take Care to have it in a great measure prevented. That they of their parts must Endeavoui- to prevent their women & young people from Com- ing to Philadelphia to Purchase & Carry up Rum from hence, which too many were ready to Deliver them privately for their skins, and that when they meet with any brought amongst them, they shou'd stave it, as they had formerly been ordered & undertook to do. That in Re.'errance to the Surveys of Lands, they Cannot but be sensible of the Care that has been taken of them, they had Expressed a willingness to Retire from Conestogoe ; Yet the Governmt. here had perswaded ihem to Continue near us; We had Run a Line Round them that none might come near them, and had fenced their Corn Fields by John Cartledges Care, who alone being placed within those Lines, may be the more Capable of Looking after the Tract &. the bounds of it. It is also further thought fit, that Lines should be Run Round the other Indian Towns, as soon as Conveniently may be to secure them the more Effectually from Incroachments. But while such Care is taken of them, 'tis Expected they shall in all Cases on their parts shew a Due Regard to this Government, that they be aiding to all its officers in what may Lie in their power, that they Suffer no Idle persons to Spread Rumors amongst them, or if they hear any such that they give no Credit to them, that if they Can Discover any Evil minded persons to have ill Designs agt. this Governmf., or any Part of it, they must without Delay Disclose it to the Governour or some person in authority under him. In fine, they Ought ever to Consider us as their Best &. nearest Friends, who have always been & ever will Continue Ready to Releive & protect them, while they on their parts Remain faithful as their ancestors or fla- thers have hitherto done before them. That as they offered the Governour a small Token, so now for the Conveniency of their return, there are a few Garments Provided for them, with some powder &l Shot to kill Venison, some Tobacco & pipes, and when they Go some Bread & a Dram will be provided for them, and the Governour Expects they will be CarefuU hereafter to Provide Likewise for himself & his attendants, or those who shall be sent at any time for their service to Conestogoe. These things being delivered to them they appeared very well pleased, and to that part in which the Inclosing by Surveys the Lands where they are seated, which should not be broke in upon ; 40 MINUTES OF THE they further desired, that the Lands on which the Shawneis Governrs. The Honble William Keith, Esqr. 5 Collo. Thomas Smith, Collo. John French, Collo. Nathll. Hynson, Major James Harrison. His Excellency Collo. Hart produced several Complaints which had been made to him from the magistrates & others of Cecil Coun- ty, in Maryland, Relating to the Settlement at Nottingham, and they Claiming the sd. settlement to be within the Jurisdiction of Maryland, It was observed that Governr. Keith, in his Last Comission of the Peace for the County of Chester, in Pensilvania, had appointed ma- gistrates for the Townpp. of Nottingham, on supposition that the sd. Township was within the Jurisdiction of the sd. County of Chester ; His Excellency therefore, in behalf of my Lord Baltimore, & in De- fence of his Lordships Just Right, sets forth. That the sd. Township, of Nottingham had frequently been taxed by the magistrates of Ce- eil County, that a Great part of the Inhabitants of Nottingham had 52 PROVINCIAL COUNCIL. peticoned him to take them under the Protection of my Lord Balti- mores Government, and that as he was Realy Convinced, from seve- veral Records & other proofs, that the situacon of Nottingham aforesaid was unquestionably within the Bounds of my Lords Grant from the Crown, he Cou'd not but Insist upon it, that Governour Keith wou'd be pleased to withdraw his sd. Comission for the Justi- ces of the peace at Nottingham, and all other marks of the Jurisdicon of Pensilvania there. Collo. French, who from his Long Residence in that neighbour- hood, was perfectly well acquainted with the Settlement at Notting- ham, said that about sixteen years ago the sd. settlement was, by proprietor penns order Survey'd & Laid out into Lotts, fTour of which he had Reserved for himself, & Granted most of the Rest to the Respective Settlers by Regular Warrants, which was the only pre- tence of Right Whereby they now hold them ; That they had always from the Beginning of their Settlement sued & been sued as Inhabi- tants of the County of Chester, in Pennsilvania,and at untillthe Great Dispute about the Division Line between my Lord Baltimore & Mr. Penn could be perfectly adjusted, he humbly Conceived there w^as Only one Rule to be Tacitly Observed in the mean time m order to Preserve the Publick peace & make all parties easie, Vizt. : That wheresoever Persons were found to be seated on or near the Boun- daries in Question ; if they held their Lands by any warrant or Right from my Lord Baltimore, they ought not to be molested or Disturb'd with any pretence of Jurisdiction from Pensilvania ; and on the other hand, those wlio held their Lands by Rights formerly Granted by Mr.Penn, shou'd Likewise be permitted to Remain under the Governmt. of Pensilvania until by a Proper authority the Divi- sion Line between the two Governments Can be Run. Governr. Keith hereupon assured his Excellency, that this was the verv Rule which he had hitherto Carefully observed, in Consequence whereof the settlement at New Munster, adjoining lo Nottingham, whose Inhabitants mightily Desire to be protected by Pensilvania, and which Governour Keith has Great Reason to believe is Within the Bounds of Mr. Penns Grant; Yet because their Lands at Present were held by Rights ffrom Maryland, He would not Hearken to their Desires, nor Suffer any of his officers to molest them. Governr. Keith further Observed, that to Proceed in this manner wou'd Effectually Preserve tlie Peace amongst his majesties sub- jects, & Cou'd not Possibly in any sort Prejudice the Just Right of Either Proprietor hereafter to be Determined ; with Great Respect therefore to my Lord Baltimore, & a Just Esteem of his Excellencies Conduct &i Diligent Care in the Government under his Direction, Mr. Keith humbly Requests that his Excellency will please to Con- cur with him in the Passive measures Proposed, until! either by powers or Directions from England, both his Excellency &; Mr. Keith are sufficiently Enabled or advised to Proceed otherwise. MINUTES OF THE 53 His Excellency continued very much to Insist upon Mr. Keiths Recalling those Comissions at Nottingham. Governour Keith begs'd to be Excused from giving any other answer at the Time, un^iTl he had an Opportunity to advise with the Council, So the mat- ter was at Present Referr'd to the ffurther Consideracon of the Re- spective Governour, & the Councils of both Provinces. The Governour hereupon Desired the Comissioners of Property to Notify to the Council what Lands about Nottingham were Granted by Warrants from this Province, that a further answer may be pre- pared & Got Ready against the time the Governour of Maryland shall apply for the same. A Peticon to the Bo^^rd from Abraham Delucena, of New York, was Read, setting forth that several Goods belonging to the sd. Abra- ham De Lucena was seized by the officers here for non entry, being Lyable to Pay Certain Duties Imposed by a Late Act of Assembly, & praying on account of his poverty & numerous family, that some Relief be given to the sd. Peticoner. The matter was Referred to a further Examinacon of the Particu- lars, in Case the officer in the mean time do not find himself at Li- berty to Ease the Peticoner by admitting a Post Entry of the sd. Goods. At a Council held at Philada., the 21st Novr., 1718. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Jonathan Dickinson, Anthony Palmer, Samuel Preston, Robert Assheton. James Logan, The Governor acquainted the Board, that at the Last meeting of the Council he had laid before them a Copy of Certain Letters Pa- tents from his majesty to Brigadier General Hunter, Governor of New York & New Jersey; That the sd. Collo. Hunter Desired the sd. Copy might be made publick in this Province; that the Board were then of Opinion, that the sd. Copy was not authentick as might be Requisite in Order to a Due Publicacon thereof; That he has since received an authentick Copy of the sd. Letters Certified under the Seal of New York, and was pleased to advise with the Council, whether it was not Convenient that the Proclamacon that the Governr. of New York had published there shou'd be published in this Pro- vince, to which the Council vvcie unanimously of Opinion it shou'd, and the Proclamacon is Ordered to be published forthwith. The Governour acquainted the Board, that he had some time Past VOL. III. 54 PROVINCIAL COUNCIL. a Debate with the Council Concerning the Stile of the Comissions of this Province, that he was then of Opinion they shou'd be in the Kings name, That now he thinks it highly Requisite they shou'd be so since the Proprietors Decease, That he Cannot think it safe to Is- sue Comissions in his own name, no«r orders the Comissions here- after to be Issued to be in the name of the King ; and then the Council adjourned. At a Council at Philada., the 16th Deer., 171S. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Gcvr. William Trent, James Logan, Samuel Preston, Robert Assheton. The house of Representatives of this Province Waited upon the Governour, and the Governr. made the following speech to them. Mr. Speaker & Gentlemen of the Assembly : The maloncholy news of the Proprietors Death wou'd have Obli- ged me to have called you Immediately together, had it not been the unanimous Opinion of the Council, that my Continuing the adminis- tration of the Government in all its Parts was not (tnly warranted but also directed by an act of Assembly, which had Received the Royal sanction. Nevertheless, when you have Considered that minute of the Coun- cil which I have Ordered to be now Laid before you, I shall Like- wise be glad to have the Sentiments of your House upon that Resolution, wherein I think it will be Convenient that we all agree. Gentlemen : If it be granted as I think it must, That a Governour is a necessa- ry agent, to be Continually Imploy'd in the providing for the Pro- tection, Safety & Ease of all the People in the Goveri ment. It will then ffollow, That such a service in this Populous Place Cannot be duly performed without a Considerable Charge, &. the whole Expense of Ones time even with Diligent npplicacon. And since you are the proper Judges how fur I have done my duty in these Particulars, I take Leave to put you in mind. That the supplys which have been (Tranted by fformer assemblys for the Particular support of my ffamily are now actually Exhausted, and the time for which they were supposed to be given is Expired, ever since the month of October Last. I shall Conclude with Recomending a Friendly Temper & unani- mity to you in all your proceedings, and whatsoever Else occurs to me of Busieness shall be Communicated to you by way of message. Then the Council adjourned to the afternoon. MINUTES OF THE 55 POST MERIDIEM. PRESENT : The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, James Logan, William Trent, Robert Asshetono- Samuel Preston. The Governr. acquainted the Board that he had received Two Letters, one from George Grant, and the other from seven men who were Comited upon Suspicon of Combining together to Comit Piracy, which were Read, and tlie Governr. was Pleased to ask the opinion of the board what measures shou'd be taken in order to bring ihesd. persons to a Tryal, and the Board having Considered the Circum- stances of their Crmies, were of Opinion that the Persons Crimes were Cognizable in the Majors Court, & that they shou'd be prose- cuted there, and that whilst they Continue in Prison some Provision shou'd be made by the Sherif for their maintenance, the weather being now very Cold. Instructions to William Keith, Esqr., Lievt. Generall, Governr. and Comander in Chief of the Povince of Pensila., and Counties of New Castle, Kent and Sussex, upon Delaware. You are upon Receiving these Instructions Immediately to Call together the Council, and with them in the most Publick manner make known my accession to the Governmt. of the sd. Povince and Counties, and assure the Country of my Great afTectinn to them and hearty Good wishes for their welfare, and that I shall always Look upon their Interest as my own, and I believe on this Occasion itt will bepper to Read the Late King Charles the Seconds Leters Pa- tents to my late ffather and y' pprielor, and his Heirs, publickly to the people; However, this I Lea,ve wholly to yours and the Councills prudence To Do therein as may be thought most Convenient, and flbr the Honr. of y" Government. I think itt would be well Done if the pi-esent members of Council be Continued, For I would not have more alteracons made in Go- Ternmt. upon my accession theretoe then what are absolutely neces- sary, And I will have Mr. Logan be of the Council, 4" Continued in his places by you. If you Can procure a militia to be settled by Law, Slip not the Occasion of Doing itt, but as that Country was Chiefely at first set- tled by Quakers, I would not have them oppressed on any account. Protect the people under your Care in all the Rights, Privileges and I iberiies my ffather Granted them by Charter or otherwise, or that they ought to Enjoy as Englishmen. Observe the Law for Liberty of Conscience wch I take to be a Fundamental! Ore in Pensila., and was one Great Encouragement for the Quakers to Transport themselves thither, and to make itt 58 PROVINCIAL COUNCIL. what itt now is, For wch they meritt the ffavour of my Family, as well as on many other accounts, and shall always have itt when hi my power; And this I desire jou will Lett the people Know. But as I Profess myself to be a member of the Church of Eng- land ; Therefore T recommend it to you to be CarefuU of her Interest, and that you Encourage and Protect the Clergy, and Employ where you can Deserving memrs. of that Comunion, ftbr I think they ought to have att Least an Equall share in the administracon of Public Offices with their Neighbours of other persuasions; Discountenance all antitrinitarians and Libertines. Protect In their Possessions such strangers as are settled amongst us, For the public Ffaith is Concerned in itt. Lett the Law be your guide in all Cases ; and ptect the officers of the Customs in the Discharge of their Duty, and use y° advice of y'Councill In all Cases of Importance. Given under my hand and Seal, the ffourteenth Day of Janry., Annoq Dom-, 1718. WM. PENN. Att a Councill held at Philada., the 28th of Aprill, 1719. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Antho. Palmer, Isaac Norris, Robert Assheton, Jonathan Dickinson, James Logan, Secretary. Samuel Preston, The Govr. Spoke as Follows. Gentlemen : I here Lay before you a New Comission and Body of Instrucons which I have Just Received From the Honble Mr. Penn, as our Go- vernour in Chiefe, whereby he is pleased to Constitute and appoint me his Lievt. Govr. Genii, and Comander In Chief over the Pvince and Territories; and itt being Directed by the Instruccons, that his accession to the Dominion of this Country be made Known to the people. With your advice and assistance, in the most publick man- ner I must Desire your opinions and Concurrence therein. And as there are severall at this Board who are Likewise mem- bers of the psent assembly, and therefore Know that I am under a pmise to Call that body Together, upon my Receipt of any Orders tTrom Britain Relating to this pvince : I would also know your sen- timents, whether the assembly ought not to be Imediately Called by MINUTES OF THE 67 Writts of Sumons, In order to Join with me and this Board in Re- cognizing Mr. Penns Right & Title to the Government. Then the sd. Comissons and Instrucons were ordered to be Read, and Every member psent having spoke to the subject matter before them, thojr were all of opinion, that In Order to secure the peace of the Colony, and to pserve the Perfect Good understanding wch had Hitherto most Happily subsisted between the Govr. and the people, it seem- ed necessary to Call the assembly upon this Occasion, and that since the ffirst Instruccon Directed the Govr. to publish his Comissn. In the most ample manner, by the Councills advice they Could not suggest or advise any method to Publish the same with more Re- spect to Mr. Penn, or Efficacy to His service than by the Govr. in Conjunccon with the Councill, and the peoples Representatives In assembly. And itt being Likewise Observed, that the throe Lower Counties upon Delaware were Equally Efibcted with the pvince by this Change, and that Jasper Yeates and Collo. John ffrench, Esqr., Two members of this Board Residing Iheie, ought to be sumon'd to attend at this Solemnity the Sixth Day of May, was moved as the shortest time Could be allowed for the Return of Writts to be Issued for Calling together the assembly, with a iFull Council ; and the sd. Writts of Summons were ordered to be Issued ffbrthwith accord- ingly. The Governours Speech to the Assembly, May the 7th, 1719, ..Gentl. of the Council, Mr. Speaker, and Gentl. of the Assembly : According to my pmise I have Called you together, In order to ^, acquaint you that I have Lately Reed, a Comission From the Honble i^jWm. Penn, Esqr., as our Govr. In Chief, with Instruccons to pub- lish his accession to this Governmt. by advice of the Council. In the most Solemn manner wch sd. Comissn. and Instruccons, with the minute of Council thereupon, I have ordered to be Laid before you.. Since that I have seen the pobateofthe late Proprietors Last will , and Testament, In the Hands of Mr. Secretary Logan, whereby the ^powers of Governmt. over This Province seem to be Devised in (Trust after a Peculiar manner, and I am told these Diffrences are not Likely to be speedily adjusted. , Gbntlemex : My Duty to the Crown unquestionably obliges me, while in this .stacon, at all times to use my utmost Deligance In preserving the good order and peace of the Governmt., and to keep the Kings sub- jects of this Colony ffirm In their alleigance &; Dutiful! obedience to his most Excellent Majesty & our Sovreign Lord King George. To the End therefore that this may be Done with greatest Cheer- fulness and unanimity, and Likewise that all Due Respect may be pd to Mr. Penn and E'ery other Branch of the Late Proprietors Fa- mily, I must Desire that you will assist me with your opinions and advice, wch I doubt not will have the Same weight with all the pties Concerned In Brittain, as you may be assured itt shall Ever havp with me. 58 PROVINCIAL COUNCIL. I have Reed, a Letter firom ths Indians Chiefs att Conestogoe by a Letter to Mr. Secretary Logan, vvch Informs us, that our Indian Hunters have been attacked near the Head of Potowmack River, by a Considerable body of Southern Indians Come out to warr against the ffive Nacons, and the Indian Settlements on Susquehanna. They have killed Severall of our People, and alarmed them all, so that the Careful! attencon and Vigilance of the Governmt. was never more called upon then att this Juncture, and much will Depend upon your unanimous & Steady Resolucons to support the administracon In all its parts. The Address of the assembly of the province of Pennsilvania, The Ninth Day of May, Annoq Dom., 1719. To The Honble Willm. Keith, Esqr., Governr. of the same pvince, In answer to his speech of the Seventh Instant. May it please the Governr. : The memory of the Honourable Wm. Penn, our Late pprietary &; Governr. In Chief being Dear to us. We Cannot but have a just and Due Regard to his ffamily, and should account itt our Happiness to be Governed by a Branch thereof, under the most auspicious Reign of our Royall Sovreign King George. And since the Governr. has been pleased to shew so great a Re- s^ard to the advice of the Representative Boody of the ffreemen of this Province, as to Consult them in a matter which so highly Con- cerns them, We must acknowledge it as a great Condesencon, and an addiconal Instance of his Known affeccon to this Colony, with Kind Inclinacons to pserve the Publick peace and Weal of this Governmt. The Contents of those Instruments and Writings wch the Govr. was pleas'd To Lay before this House, Brought us under a Very Deep Concern How to assist Him with advice suitable to the present Emergency, For We find the first part of y' pprietors Will Seems to Vest a Trust in the Noble Lords there named, in order to accom- plish the Treaty of a surrender of this Government to the Crown, wch was begun by our Late Proprietary. And though that Trust may occasion Various opinions in Law and Equity, Yelt that Does not so much Effect us at psent, as the want of ascertaining the Terms wch we have been ahvajes Given to Ex- pect would accompany the Surrender In ffavour of the People Called Quakers, ivho Embarked with the sd. pprietary In the Laudable Design of this Considerable addicon to the Public Empire. And therefore think itt our Duty at this Juncture to Claim those Rights & ffavours wch have been pmised to us. The Governr. well knows, that the administracon of this Govern- ment since the pprietarys Decease is supported by a Law Confirmed by her late majesty Queen Ann, and by Virtue thereof. Is so to Con- tinue till further order flrom the King or the Heirs of the sd. Lata Proprietary and Governour. MINUTES OF THE 59 And notwithstanding the Great Regard the Govr. has to the Comissn. sent him by the sd. pptietarys Heir att Law, Yett since that Heir seems not by the afd. will Invested with the power of Governmt., but the Devise thereof made to the sd. Lords, being al- lowed by his own Council to be Good ; And since itt Does not appear that Comisso. is attended with the necessary Requisites Directed by acts of Parliament for Qualificacon of Persons Concern- ed In such stacons & security of Plantacon Trade; We Conceive it will Contribute to the peace of this Governmt., and be safe for the Govt, that he for the present forbear to publish the sd. Comisson., and hope there will no Just Occasion of Offence be Given if the Govr. should wave the superseding the powers Given him by the sd. Law untill he Recives the pleasure of the sd. Trustees, or has the Lord Chancellore Decree for his Direccon ; The Rather because we understand that an amicable Suit is Depending In Chancery between the Executrix and Heir at Law, In order to settle Both their Claims to this Governmt. We Heartily Join with the Governour In his Good Resolucons to pserve the Good order and peace of y° Governmt. and Loyalty of his majtes. subjects In this Colony. As Touching the attack Lately made upon our Neighboring In- dians, we hope the Govr. hath already Taken pper measures In that affair Towards quieting their minds, and will use his utmost Endea- vor to Prevent such Incurcon upon them ffor the fTulure by Due Representacons to the neighboring Governmt., and Perswasions to our Indians not to give ft'urther Provocacons. But that they will ffall In with more Peaceable Inclinacons, as the same will Contri- bute to their Ease and Safety, and obtain the Friendship and pro- teccon of this Governmt., and this House Gives the Govr. assurance that the necessary Charges thereof shall be pvided For, and y' 'tig there full purpose to support the administracon to the Best of their Power. Signed by Order of the House, JONATA. DICKINSON, Speaker. At a Council held at Philada., the 11th day of May, 1719. PRESENT : The Honble WILLIAM KEITH, Esqr., Governour. Richard Hill, Samll. Preston, Jasper Yeates, Antho. Palmer, Wm. Trent, Robt. Assheton, Isaac Norris, John ffrench, Jona. Dickinson, James Logan, Secretary. The Govr. acquainted the Board, that on Saturday last he had Reed. In Council an address to the Assembly, in answer to what he had Laid Before that House» 30 PROVINCIAL COUNCIL. That the Board being there, but then it was adjudged Convenient to Defer the Consideracon of that address till a full one Could be Convened. That all the members of Council being now psent. the Govr. Refers the sd. address to their Consideracon, and Craves their advice Thereupon. The address being again Read and Considered Each member se- perately Delivered his Sentiments, and it is the Opinion of a majority above two to one, That seeing the Govr. upon his first Receipt of the Comissn., had by the unanimous advice of this Board Called the Assembly, In hopes as itt was then Expected that the sd. Commisson would with their Concurrence be more advantageously Published, and more effectually to Mr. Penns service, altho' it now appears that by means of other Letters or accounts since Rec'd by Capt. Annis, The assembly have fallen Into sentiments Different from what had been Expected; Yett should the Governour, through his zeal for Mr. Penns Service, pceed Immediately to Publish that Comisson. In Di- rect Opposicon to the advice of the assembly. It would be attended with Consequences much more Injurious to the Interest of Mr. Penn, by Raising the Divisions in the Countrey, from whence Disadvanta- geous Representacons to the Court & Ministry att this Critical! Juncture might be made, than anything that Could Possibly fibllow From some small Delay ; 'Tis therefore the advice of the sd. majo- rity, that the Governour would be pleased to Delay the Publicacon of the sd. Comission, till such time as he shall Receive further Di- rections ffrom the Heir to proceed therein. At a Council held at Philadelphia, July the 8th, 1719. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Robert Assheton, Jonathan Dickinson, * James Logan, Secretary. The Governour acquainted the Board, that having received certain Advices from Brigadier Hunter, Governour of the Provinces of New York & New Jersey, that He designed speedily to embark for Brit- tain, therefore considering the near Relation this Governmen has to that of New York & New Jersey upon the account of our Neighbourhood, and the affairs depending to be yet settled between these northern Colonies in Relation to the Indians, the Governour judged it convenient that He should at this time take a Journey to New York, not only to pay Governour Hunter a visit of Respect at his Departure, but also to settle some Foundation for a Correspon- dence with those who were to succeed in the powers of Governmen? incase of any future Emergency, and for these Reasons, if the Board had nothing to object, He designed very speedily to set out expecting that his Absence from the Government would not be long. PROVINCIAL COUNCIL. 61 Tlie Board approved of the Governours Proposal, wished him a good Journey & safe Return, and then adjourned. At a Council held At Philadelphia, October the 3d, 1719. PRESENT : The Honourable WILLIAM KEITH, Esqr., Gevernour. William Trent, James Logan, Secretary. Jonathan Dickinson, The Governour having Received from the Several Coroners and Sheriffs of the respective Counties of this Province, Returns of the Elections of psons to be presented to the Governour for his Choice of a Sheriff and Coroner for each County respectively, was pleased to desire the Advice of the members present in his Nomination, which is as follows : For Philadelphia City &■ County : Owen Roberts & David Evans being chosen for the office of Sheriff, Owen Roberts is appointed ; And Richard Walker &, Edward Church for that of Coroner, Ri- chard Walker is appointed. For Chester : Nicholas Fairlanib &. Robert Barber beinj; returned for the office of Sheriff, Nicholas Fairlamb is appointed ; And Jonas Sandiland and John Wade for that of Coroner, the first is nomina- ted. For Bucks : James Moon & Abraham de Normandie being re- turned for the office of Sheriff, Abraham de Normandie is appointed ; And John Cutler & Abel Janney for that of Coroner, the first is named. And accordingly. Commissions are ordered to the said persons for their respective Offices, the Sheriffs giving Security in the Rolls of- fice as the Law directs. At a Council held at Philadelphia, October the 15th, 1719. present: The Flonourable WILLIAM KEITH, Esqr., Governour. James Logan, Robert Assheton. The Representatives of the ffreemen of this Province elected on the first instant, having met yesterday in Assembly, in pursuance of their Charter and Law in that case provided, were ordered this morning to attend the Governour, and now presenting themselves 6 62 MINUTES OF THE accordingly, William Trent, Esq., addressing himself to the Gover- nour in the Name and Behalf of the Assembly, acquainted him, That the House of Representatives had been pleased to m ikc Choice of him from amongst divers others who were more worthy of that Ho- nor, to be their Speaker ; and therefore in their Behalf, He was now to request the Governours Approbation. The Governour answered, that as the House had undoubtedly a Due Regard to the Interest of the Countrey in the Choice they had made. So He heartily approved their Nomination of a Person who is so particularly agreeable to him. Then the Governour spoke to them in these words. Mr. Speaker & Gentlemen of the Assembly : I must reflect on every occasion which I have had to meet the As- semblies of this Province with great satisfaction, and the present oppertunity cannot possibly leave a less agreeable Remembrance, since I have the Pleasure to present you with the Royal Assent to, and perpetual Coniirmation of a Law which gives you the full En joyment of English Liberties, and therefore must doubtless be for ever valued by yourselves and your Posterity as an inestimable Freedom and Birth Right. I mean the act which I passed in IMay, 1718, for the Advancement of Justice and more certain Administra- tion thereof. This Success has been chieffly owing to the perfect Harmony and good correspondence that has hitherto subsisted between me and the Representatives of the People, A Circumstance which secures our Peace, and puts us above the Reach of Faction ; ftbr, so long as your Friends in this Government continue be mine my Enemies must un- avoidably expect to be treated as yours, And while so guarded what have we to fear. Gentlemen : Knowing that it is not an usual Bcason of the year for a long Session, I would not overcharge you with Business ; Only I must in one point take Leave to recommend to you the Imitation of an Eng- lish House of Commons, by voting at first the sums which you shall judge necessary to support the charge of Government for the current year, and then with convenicncy proceeding to the ways & means ibr raising that supply. This method not only gives Life and Credit to the Administration, but will be of great use to me, both in the ma- nagement of thepublick and my own private Affairs, which equally depend upon your Conduct and Good VVill. The Speaker receiving a Copy of the Speech addressed himself (o the Governour, and in the name of the House desired. That the Go- vernour would grant the members of the Assembly free access to his person, when sent to him by the House. That he would protect them in all their Privileges as an Assem- bly ; And that he v.ould be pleased to put the most favorable Con- strucon on all their proceedings ; All which being promised by the PROVINCIAL COUNCIL. 63 Govcrnour on his part, They with drew The Royal Assent to the Act mentioned in the Governours Speech, is in these words follow- ing : ::::::::::::::::::::::::::::::: At the Council Channbers, Whitehall, the ii Locus Sigill :: 26th of May, 1719. !: privat Concih jj ruKSENT : ::::::::::::::::::::::::::::::: Their Excellencys the Lords Justices. Arch Bp. of Canterbury, Earl of Berkley, Lord Chancellor, Mr. Secretary Craggs, Lord President, Duke of Manchester, Lord Privy Seal, Eat 1 of Westmoreland, Lord Steward, Earl of Hay, Lord Chamberlain, Bishop of London, Duke of IMarlbro, Mr. Chancellor of the Dutchy, Duke of Roxburg, General Wills, Earl of Sunderland, Earl of Halyfax. Upon reading this Day at the Board a Representation from the Lords Commissioners of Trade and Plantations, dated the 1st of this instant, setting forth their having had under Consideration, an Act passed at An Assembly in Pensilvania, held in May, 1718, intituled an, " An Act for the Advancement of Justice and more certain Ad- ministration thereof," And the said Commissioners having taken the Opinion of Council learned in the Law touching the same, do hum- bly present the said Act as proper to be confirmed. Their Excellen- eys the Lords Justices in Council, taking the same into Consideration, are pleased, pursuant to the Powers reserved to his Majesty, in the Charter of Propriety granted to William Penn, Esqr., to declare theii Approbation of the said Act ; And according to their Excellen- cys Pleasure theieupon exprest, the said Act is hereby confirmed, finally enacted and ratified, v/hereof the Deputy Governour, Council and Assembly of the said Province, and all others whom it may con- cern, are to take Notice and govern themselves accordingly. ROBERT HALES. At a Council held at Philadelphia, November the 7th, 1719« PRESENT : The Plonourable WILLIAM KEITH, Esqr., Governour. Jasper Yeafes, Robert Assheton, Richard Ilill, Colonel John French, Isaac Norris, James Logan, Secretary. Samuel Preston, The Governour spoke as follows. Gentlemen : Having at this time some Orders from the Crown, and several 64 MINUTES OF THE othor matters of Importance to lay before this Board, I am sorry to find myself under the ungrateful Necessity first to acquaint you, that this Board, as well as myself, have been so treaehelously dealt with by a certain member of the Council, that I must be of Opinion, nei- ther the Interest of the Crown nor the Proprietary Rights can be pru- dently and effectually pursued while such Persons areadmitted into our Councils; And that every one present may fully perceive both the Jus- tice and Impartiality of this Charge, I have here drawn up in Writting some particulars, which if the Gentlemen thinks fit to deny, I am ne- vertheless confident they will be fairly proved against him. However that we may proceed regularly, and with all the moderation possible in such a Case-, after the Accusation is read to you, and a Copy of it deli- vered to the Party, I am only to desire that He may be obliged to with- draw from attending the Council as a member of this Board, untill by his Answer and a fair Hearing thereupon, He shall have Justified himself as to the Points wherewith he now stands charged. Gentlemen : If my easie Temper was not so generally known as I believe it is, yet the continued Acts of Favour wherewith I have distinguished that Gentleman and his whole Family, ever since my Arrival here unto this day will, I hope, sufiiciently convince even himself as well as others, that nothing less than my positive and indispensible Duty to the Crown, Joined to a faithful Discharge of that Trust which I hold with regard to the Proprietary could have extorted any thing of this Nature from me. Then was read by the Clerk a Paper delivered to him by the Go- vernour in the following words. An Impeachment or Charge delivered by the Govcrnour to the Council, against Robert Assheton, Esqr., a member of that Board. 1. That in several Cases of great Importance to the Peace of this Colony, where matters relating yr unto have been debated fully r.nd freely in Council, the said Robert Assh'^'tnn, contrary to his oath as a member of that Board, has frequently divulged and retailed the Debates and opinions there had and delivered, and by vain Attempts of that kind to colour his own particular Sentiments in Opposition to what has been resolved upon by a majority of the Council, has cn^ deavoured to create Jealousies and misunderstandings in the minds of many of the good People of this Province, against the Just Pow- •ers and legal Administration of the Government. 2. Th;it the said Robert Assheton being filled with unprovoked and most unjustifiable malice, did, by his Letters dated the latter End of August or the Beginning of September last, directed to his Excel- lency Wm. Pcnn, Esqr., and also by his Speeches delivered to the Bearer of those Letters, most falsely accuse and basely traduce the Governour and the majority of this Board. And the said Robert Asshetnns Expressions upon that Occasion were these, or to this Effect, Viz: " That He (the Bearer) must particularly acquaint Mr. Penn who were his Friends and who not ; Tha,t surely he knew PROVINCIAL COUNCIL. 65' Govcrnour Keith had not only refused to publish Mr. Pcnns Com- mission, but even had slighted it ; That Governour Keiths Design was to out Mr. Penn and get the Government to himself, But that He (the said Assheton) was Mr. Penns stiff Friend, and had stickl'd for him tho' to no Effect hitherto, because he had only one member of the Council to Join him ; That tho' the Bearer was a Stranger to Mr. Penn, yet being heartily recommended to liis Favour by these Letters, He might freely take an oppertunity over a Bottle to assure Mr. Penn that these things were unquestionably true." Mr. Assheton pleaded his Innoccncy to the whole Charge, and having obtained time to prepare a particular Answer to every article thereof, and a Copy of the Charge being also delivered to him, He by the Governours order withdrew from the Board. The Governour laid before the Board a Letter from Mr. Dclafaye, Secretary to their Excellencys the Lords Justices Regents of Great Britain, Sic, dated the 30th of July, 1719, with a Report from the Right Honourable the Lords Commissioners of Trade & Planta- cons to the said Lord Justices,, dated the 21st of July, 1719, both which were read and ordered to be entered on the minutes of this Board, being in these words. Whitehall, 30th July, 1719. SiK, Upon my reading to the Lords Justices your Letters to Mr. Secre- tary Craggs, giving an account of your having received a Commis- sion from the son of the late Mr. Penn, and of your proceedings thereupon, their Excellencys were pleased to refer the same to the Consideration of the Commissioners for Trade & Plantations, whose Report I laid this morning before their Excellencys ; which Report being approved of, I send you a Copy of it, and I am to signify to you their Excellencys Approbation of what you have done, and their Directions that you do as is proposed in the said Report, continue to act as Governour of Pensilvania under your former appointment, till the Proprietors and the Trustees shall have settled the Differen- ces between them, or until further Signification of his Majestys or their Excellencj's Pleasure. I am, Sir, your most obedient humble servant, CFL DELAFAYE. Addressed to Wm. Keith, Esqr., Governour of Pensilvania. To their Excellencvs the Lords Justices. (Copy.) May it please your Excellencys : In obedience to your Excellencys Commands, signified to us by Mr. Delafayes Letter of the 4th instant. We have considered what Mr. Keith, Deputy Governour of Pensilvania, writes concerning the late Mr. Penn's son, who pretends to assume the Powers of Gov- ernmt. in that Province, together with the proceedings of the Council VOL. III. &6 MINUTES OF THE and the Address of the Assembly there, on Occasion of a new Com- mission sent by Mr. Penn to Mr. Keith for the Government of the said Province ; whereupon, We humbly represent to your Excellen- cys, That in our opinion Mr. Keith has done very well in declining to act under this new Commn. for the Reasons mentioned in the Pa • pers referred to us, and likewise for another much stronger, which is, that by virtue of the Act of Parliament, passed in the 7th & 8th years of the Reign of his late majesty King William, entituled An Act for preventing Frauds and regulating Abuses in the Plantation Trade; all Governours nominated and appointed by any Proprie- tors, who shall be entituled to make such nomination, are to be allowed and approved of by his Majesty, his heirs and Successors ; And tho' his Majesty has been pleased to approve the Nomination of the said Mr. Keiih to the Government of that Province, by the late Mr.Penn. We Conceive the Commission now granted by IMr.Penn, the son, is a new nomination, and ought to have been laid before his Maty, for his royal Pleasure, and the said Governours Security re- new'd for observing the several Acts of Trade as usual in the like Cases. We think it our Duty upon this occasion to acquaint your Excel- lencys, that We have been informed there was formerly an Agree- ment made between her late Majesty and Mr. Penn for this Province, and that Mr. Penn did receive part of the money in pursuance of the said agreement. We are not able to Judge how far it may suit with the present Condition of his majestys Affairs to complete this agree- ment, but we cannot help thinking, that all Occasions should be laid Hold on to recover at least the Dominion of all the Proprietary Co- lonies into the hands of the Crown ; And in the mean time. As Mr. Keith has behaved himself very well there. He may be contin^ ued under his former Commission, (ill the present Proprietor and the Trustees shall have settled the Ditlerences that are between them. Which is most humbly submitted. J. CHETWYND, CHARLKS COOK, T. PELHAM, MARTIN BLADEN. Wliitcball, I July 21, 1719.5 Hereupon every member of the Board Spoke, and did with great Deference and Regard express tlicir obedience to, :ind entire satis- iaction with the orders and directions which their Excys. the Lords Justices had in their great Wisdom been pleased to signify to the Governour in the above Letter; Whereby They humbly conceived that all the Powers of Government which had been formerly at any time granted unto,or held by the Governour were unquestionably con- firmed unto him, and that without tho least Incroachment upon or Prejudice un'o the Proprietary Riglits granted by the royal Charter- PROVINCIAL COUNCIL. C7 And wliercas it may very much conduce to the satisfaction of his Majestys subjects in this Colony, and the general Peace and Tran- quility of the Government, that a Proclamation be forthwith issued, publishing the aforesaid orders of their Excellencys the Lords Justi- ces, wherein it may also be proper to take notice of the Provision made by one Act of Assembly of this Province, made at Philadelphia in the 1 Ith & r2th year of her late Majestys Reign, entituled An Act for the further securing the Administration of the Government, and by one other x\ct of the Assembly for the Counties of New Cas- tle, Kent and Sussex upon Delaware, passed at New Castle in the 4th vear of his present Majestys Reign, entituled An Act for the better Security of the People and Government of the Counties of New Castle, Kent & Sussex, in case of the Demise of the Proprietor for the time being, by which two several Acts, it is among other things enacted and provided; That in case the Governour in Chief of the said Province and Counties respectively shall happen to be removed by Death or otherwise. Then it shall and may be lawful for his De- puty or Lieutenant for the time being, to exercise all the Powers of Government as fully and amply as before, till further orders from the Crown or the Heirs of the Proprietary and Governour in Chief, which shall first happen ; It is therefore ordered, that Proclamation of this kind be prepared by the Secretary, to be laid before the Board at next meeting of Council. And then the Council adjourned. At a Council held at Philadelphia, November the 9th, 1719. PRESENT : The Honourable WILLIAM KEITH, Esqr., Giovernour. .lasper Yeates, Anthony Palmer, Richard Hill, Jonathan Dickinson, Isaac Norris, Colonel John firench, Samuel Preston, James Legan, Secretary. Present also, David Lloyd, Esqr., Chief Justice, at the Governours Desire. The Proclamacon ordered to be prepared at last Council was read, and with some amendmts. ordered to be engrossed, sealed, pub- lished and printed. The Governour laid before the Board an order of the Privy Coun- cil of Great Briltain, for repealing divers laws of this Province, Nvh'ch is as follows. 68 MINUTES OF THK ::::::::::::::::::;::::::::::: At the Council Chamber, Whitehall, the i! Locus Sigill ji 21stof July, iriy. :: privat Coiicil. jj present : :::::::::::::::::::::::::::::: Their Excellencys the Lord Justices. Arch Bp. of Canterbury, Lord Steward, Lord Chancellor, Dukeof Roxburg, Lord President, Mr. Secretary Craggs, Earl of Sunderland, Mr. Chancellor of the Dutchy, Earl of Hay, General Wills. Lord Privy Seal, Upon reading this day at the Board a Representation from the Lords Commissioners of Trade and Plantations, dated the 8th of this instant, setting forth, their having had under Consideration several Acts passed in Pensilvania, entituled as follows, Viz : Passed between 14th Octr. 7 An Act for amending divers Laws iri2, & 27 Mar. 1713. 5 iierein mentioned. Passed between I 4th "] An Act of Privileges to a ffreeman. Octr. 1714, & 28th L An Act for impowering religious Societys May, 1715. J to buy, hold and enjoy lands, tenements, rtunity they ought to proceed and speak their minds freely. To which at Length they answered, that there had been lately killed by the Southern In- dians twelve men, ten of the Mingoes or five Nations & two Shawa- nese, about one hundred and sixty miles from that place, which was the Occasion of their sending thit message. James Logan ask'd them, whether these two Shawancse had been abroad hunting. They answered No! They had gone out to War. He then demanded the Reason why they would offer to go to War, after their Solemn Pro- mises to our Government to the contrary. The Chief of the Sha- nawese replied that a Dispute arising among some of their young men. Who was the best man, to end it they resolved to make the Trval by going out to War, that they could not be restrained, but took the opportunity of accompanying some of the five Nations that were going out and took their Road that way. The Secretary told them he should have a great deal to say to them on these Heads, and that the Day being now far advanced he must desire them to meet him in the same place in the morning, and then treating them with some Drink they withdrew. Next morning the same Persons attended, bringing some Bundles of Skins with them. From whence it being conjectured that the In- dians designed to begin a Discourse. All being seated, after some time spent in Silence, the Mingoes or Conestogoe Indians began, n Gana- wese Indian, who called him Captn. Smith, and is said to speak all the several Languages, viz : his own or the Ganawese, the Mingoe, the Shanawese & Delaware, to perfection, being appointed Interpre- ter into the Delaware Tongue, and Peter Pjizaillon & John Cartlidge interpreting that into English. They spoke as follows, viz : That last vear Colonel French came to them on a Message from PROVINCIAL COUNCIL. 57 the Governour to inquire into ihcir Health, and how it was with them, their Children and Grand Children. 'J'hat they were not then ready to give an Answer to all that He said to them, but that now they would speak freely from the bottom of their Hearts, and their Friend might depend on not having words Only but their truest inward Sentiments without Reserve; And then they laid down a Bundle of undrtst Deer Skins. That Colonel French and those with him told them from the Go- vernour, that the message the Governour sent them and the Advice he gave them was from his Heart and for their Good, and they would as freely speak from their Hearts. The Governour advised them to go out no more to War, nor to joyn with any of the five Na- tions or nthers, that went out for that purpose, but to live at Peace with all People, and if any Prisoners were brought to their Towns, they should not suffer them to be burnt or tortured ; That tho' some of their People were Killed once or again, yet they should not go out but bear it, but the third time they might all go out as one man to- gether ; That this they thought was somewhat too hard upon them, if they must be confined as Prisoners at home, and could not go to meet their Enimics that came against ihem. That when Governour Penn first held Councils with them, he promised them so much Love and Friendship that he would not call them Brothers, because Brothers might differ, nor Children because these might olTend and require Correction, but he would reckon them as one Body, one Blood, one Heart and one Head ; That they al- ways remembered this, and should on their parts act accordingly ; That few of the old men who were at those Councils were living; These were removed, and those who were then very young are now grown up to succeed, but they transmitted it to their Children, and they and all theirs should remember it forever; That they regarded not. Reports or what was said abroad, their Head was at Philadel- phia, and they were one with him, on him they depended that they should Kn.iw every thing' that concerned them. The Ganawese, in behalf nf their People say. They are glad that they never hear any thing from the Gi.vrmt., at Philadelphia, but good Advice and what is frr their Advantage; That their present Chief was once at Council with William Penn before they removed into this province, and that since they came into it, they have al- ways lived quiet and in Peace, which they acknowledge, and are thankful f u- it ; That the Advice that is sent them is always so much for their good that they cannot but gladly receive it. When the Sun sets they sleep in Peace and in Peace they rise with him, and so continue while he cmtinues his course, and think themselves hajipy in their Friendship, which they shall take Care to have continued from Generation to Generation. And that as it shall thus forever continue on their side ; So they desire the same may continue on the Governours part, and that ifany Reports should be heard concerning them. They desire it may not be believed to their Disadvantage, for they will still be true and the same they at first professed themselves, and then they lay down a Bundle of Deer 83 MINUTES OF THE Skins. The Conestogoes say. That William Penn made a League with them to last for throe or four Generations ; That he is now dead, and most of their ancients arc also dead, but the League still re- mains, and they now take this Opportunity to renew and strengthen it with their ffriend, who has always represented William Penn to them since he left them ; One Generation may die, and another may die, but the League of Friendship continues strong and shall foiever continue so on their part. And this is not said on behalf of them- selves, the Mingocs only, but of all the Indians on the River, And they yive another Bundle of Deer Skins. Captain Civility throws down a small Bundle of ffurrs and says, that ihey all joyn and send that as a present to the Governour to make him a Beaver Hatt. They say in behalf of the Ganawese, that they have no Writing to shew their League of Friendship as the others have, and therefore desire they may be favoured with one lest if they should trangress by Reason of Rum, which is brought to them in too large Quantities, they may be cast off and forgotten that ever they were in firiendship with us. The Indians being met again after some Refreshments, the Secre- tary spoke to them as follows : It mu?t be a great Satisfaction to all honest and good men, to find that the measures that great man, Wm. Penn, took to establish a firm Friendship with you has had such excellent Success. Your Prede- cessors and you ahvays found him sincere in what he professed. He always ordered all those in power during his Absence to shew you all the like Friendship and affection. Every Governour that came has been the same to you, and the present Governour, Colonel Keith, shewed the same Disposition immediately upon his arrival, by hast- nin"" up to you with his Council and many of his Friends as soon as he heard you were m Trouble. You on your parts have been faithful and true to us, v.hatever Re- ports might be spread, yet the Chain v.as- still preserved strong and Ijricrht. You never violated it. We have lived in perfect Peace and Unity above any other Government in America, And you renewing the Chain at this time upon the Decease of your great Friend, with us who remain alive, is so aficctionate and kind that I shall not fail to represent it duly to the Governour and your good Friends in Phi- ladelphia. This Chain has been made near forty years agoe ; It is at this time strong and bright as ever, and I hr.pe will continue so between our Children and your Children, and their Children's Chil- dren to all Generations, while the water flows or the sun shines in the Heavens; And may the great Spirit who rules the Heavens and the Earth, and who made and supported us all, who is a ffriend to all good men who love Justice and Peace, continue the same Bles- sing upon it forever. But my Friends and Brothers, as we are obliged to take Care of each other, and as the English have opportunities of seeing farther PROVINCIAL Col'NCIL. 89 than you, I find myself obliged in behalf of our Governour and Go- vernment, to offer you some Advice that may be of great Importance to you, and which at this time is absolutely necessary. You acquainted me yesterday with a Loss that you had sustained, viz: that twelve men, ten of the five Nations and two Shavvanese, had been lately cut off by the Southern Indians not two hundred miles from this place, which grieves me exceedingly. I am scarcely willing to mention the Cause of it lest I should trouble you, but I must do it far your good ; I should not be your true Friend should I forbear i(. You Know then, my Brothers, that the Cause is, that some of your young men have unadvisedly gone out to War in Company with others of the five Nations against these Southern Indians. Young men love to go sometimes to War to shew their manhood, but they have unhappily gone against Indians that are in friendship with the English. You know, that asjf the Five Nations some are called Isa- wandowaes, some Cayoogoes, some Onondogees, some Oneyookes, and some Connyingues, yet they are all one People ; So the English, tho' they have different Governments, and are divided into New England, New York, New Jersey, Fensilvania, MaryLand, Virginiq, and Carolina, yet they are Ail under one Great King who has twen- ty times as many Subjects as all these, and has in one City as many Subjects as all the Indians that we know in North America. To him We are all Subject and are all governed by the same Laws ; There- fore, those Indians who are in League with one Government ate in League with all; Your Ftiendship with us recommends you to the Friendship of all other English Governments, and their Friends are our Friends. You must ni)t, thereflbre, hunt or annoy any of the English or any of their Friends whatsoever. Those Southern Indians, especially the Tootelese, formerly made Friendship with you, and I believe it was they who lately sent you nine Belts of Wampum, to continue the League ; They desired Peace, yet the five Nations, and some of your rash young men have set upon them ; pray remember, They are men as well as you, con- sider therefore, I request you, what you would think of yourselves should you suffer these or any otbcr People to come year after year and cut off your Towns, your Wives & Children, and those that es- cape should sit still and not go out against them, You would not then deserve to be accounted men ; and as they, you find are men, it is no wonder if they come out to meet these young fellows, and endea- vour to destroy those whose Business it is to destroy them and their Families. I must further, your friend, lay before you the Consequence of your suffering any of your young men to join with those of the five Nations. Tiiey come through your Towns and bring back their prisoners through your Settlements, Thus they open a clear path vol. III. yo MINUTES OF THE from these Southern Indians to your Towns, and riiey who have been wrong may follow that open path, and first come directly as the path leads to you. Thus you who have done but little, and by the Insti- gation and Advice of others may be the first that arc fallen upon, while those of the five Nations are safe at home at a great Distance with their Wives and Children, and you may be the only sufferers. They have hitherto come out to meet their Enemies who were going to attack them, and like men they fight them ; but as I am vour Frierd, I must further inform you that these People would come quite up to your Towns to do the same to you that they have suffer- ed, but your being settled among the English has hitherto preserved you, for the Governours of Virginia and Carolina can no longer hinder them fi om defending themselves ; They desired Peace, and would live in Peace if it might be granted them. 1 must further inform you, as your Friend, that this whole Busi- ness of making War in the manner You do, is now owing to those who desire ni/thing more than to see all the Indians cut off, as well to the Northward as the Southward, that is the French of Ca- nada, for they would have the five Nations destroy the Southern Indians, and the S;iuthern Indians destroy you and the five Nations, the Destruction of all being their Desire. The Governour told you, by Colo. French, thiit they were your Enemies who put you upon War, and they are your truest ffrds., who would preserve you in Peace, Hearken to the Advice of your Friends and you wi 1 be pre- served. You see how your numbers yearly lessen ; I have known above three score men belong to this Town, and now I see not five of the old men remaining. What the Governour has said to you by himself, and by Colonel French, and what I now say to you is for your own advantage, and if you are your own Friends you will pursue the Advice that is given you. If any of the five Nations come this way in their going out to War, and call on any of you to accompany tliem, you must inibrm them as you are in League with us, and are as one People, you cannot break your Promises, and it cannot but be pleasing to them to see you live in such ffriendship with us. I have said enough on these Heads, and you I hope will lay it up in your Hearts and duly observe it ; Let it sink ifito your minds, fur it is of great weight. The Ganawese have behaved themselves well since they came amongst us, and they shall have what they desire. Your People of Conestogoe, about twenty years agoe, brought the Shawanese with them to Philadelphia to see and treat with Governour Penn, and then promised the Governour that they v\ouId answer for the Shawanese ihat they should live peaceably and in ffriendship with us, but We find their Ears are thick, they do not hear what we say to them, nor reijard our Advice. The Chief of the Shanawese answered to this with a deep concern, that this was occasioned by the Yt»ung men who lived under no Oovernnient; That when their King who was then living, Opessah, PROVINCIAL COUNCIL. 91 took llio Government upon him, but the People differed with him ; he left them, they had then no Chief, therefore some of them appUed to him to take that Charge upon him, but that he had only the Name without any authority, and could do nothing. He counselled them, but they would not obey, therefore he cannot answer for them, and Divers that were present, both English &; Indians, confirmed the Truth of this. The Secretary hereupon admonished him and the rest to take a further Care, that what had been said should be pressed upon the young People and duly observed, And then calling for Liquor and drinking with them dismissed them. But the Indians, before they would depart earnestly pressed, that an account of this Treaty should with all possible Speed be dispatch- ed to the Governours to the Southward, and to their Indians, that , further mischief might be prevented, For they were apprehensive the Southern Indians might come out to meet the five Nations, and then they, as had been said to them lying in the Road might be the Sufferers, but they truly desired Peace, and were always against molestmg any Indians that were under the Protection or lived in Friendship with the English. The Secretary then proposed to them that they should send some of their People with Belts of Wampum to the Governour of Virginia, to assure him of their Resolution to live in Peace, and to desire him to acquaint all his Indians with the same. They readily agreed to send the Belts without delay, and promised the following week to bring them to Philadelphia, but they seemed apprehensive of Danger to their People in going to Virginia, where they were all Strangers, unless the Governour would send some English in Company with them to protect them. After this Conference was ended. Civility desired to speak with the Secretary in private, and an opportunity being given. He acquainted the Secretary that some of the tlive Nations, especially the Cayoo- goes, had at divers times expressed a Dissatisfaction at the large Settlements made by the English on Sasquehannah, and that they seemed to claim a Property or Right to those Lands. The Secre- tary answered, that He (viz. Civility) and all the Indians were sensible of the Contrary, and that the flive Nations hud long since made over all their Right to Sasquehannah to the Govmt. of New York, and that Govr. Penn had purchased that Right with which they had been fully acquainted. Civility acknowledged the Truth of this, but proceeded to say he thought it his Duty to inform us of it, that we might the better prevent all misunderstanding. The Secretary having made an End of his Report, the Govr. ob- served, that from the last particular yr of there was Ground to apprehend that the ffive Nations, especially the Cayoogoes, did en- tertain some secret G rudges against ihe advancing ot" our Settlements upoQ Susquehanna River, and that it was very much to Le suspected 92 ' MINUTES OF THE that the ffive Nations were spirited up by the French agents from Canada or Misisippi, to make these new and groundless Claims upon us whom they believed to be a mild defenceless People, and there- fore liable to be with less Hazard and more easily insulted than any of the neighbouring Colonies ; That though the Govr. was not under any immediate apprehension of Danger from the Indians of the ffive Nations, jet our present Security seemed wholly to depend upon the Strength and Authority of New York, and not upon the Peaceable Disposition or Faith of these Barbarian--; ; That if the French (as it was but too probable at this Juncture,) should pursue their usual Po- licy in not only debauching the Indians every where from the English Interest, but also to provoke and encourage them to make War upon one another, and thereby to embroil all the English Settlements upon this Continent, every Colony would in that Case find themselves sufficiently Employed in their own proper Defence. And these things had made such a deep Impression upon the Governours mind, that He could not but think the Public Safety, as well as his Honour and Character, to be particularly concerned in making such timely Pro- vision for the Defence of this Colony, as the Nature of the Constitu- tion and the good Inclinations of the People would pmit, ''unto which End the Govr. believed that a voLuntary Militia might be raised, and put under such good Regulations by'anprdinance as could give no offence to any, but be of a general Advantage and Security to the Trade and People of this province. The members present being all Quakers, some of them desired to be excused from giving their Sentiments upon a Subject of that Na- ture, but all seemed to acquiesce in leaving that matter wholly to the Governours Prudence and good Conduct. The Secretary was in the mean time directed to examinine whether there was any Ground for the ffive Nations to claim a Right to any Lands upon Sasquehannah; And also it was mov'd and agreed upon, that the Govr. should write to the President of New York, representing the ill Treatment our People lately received from those of the ffive Nations in their last Return from the Southward, and the ill Consequences which may possibly ensue from their opening a path to War through our Settle- ment upon Sasquehannah. Then the Council was adjourned to Tuesday next, the 19th in- stant, at three in the afternoon. At a Council held at Philadelphia, July the 19th, 1720. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Samuel Preston, Isaac Norris, James Logan, Secretary. The Governour presented the Draught of a Letter to the President PROVINCIAL COUNCIL. 93 ofN'cw York, mentioned in the last Minute of Council, which with very Httle alteration was agreed to, and is as iullows : PiiiLADELi'iiiA, July 19th, 1720, Sir, Mr. Logan, Secretary of this Province, having about three weeks agoe held a Conference with our Indians, at Conestogoe, upon his Report thereof to the Council, it was thought proper that I should acquaint you, by LetJer, of some things which seems to be of a ge- neral Concern, but more mnmediately affect the Tranquility of this as well as the Government under your Direction. The obliging free manner with which you have been pleased to honour me in our former Correspondence upon the same subject, en- courages me now to cliuse this familiar way of representing our Thoughts, rather than to trouble you with irksome Complaints and formal Memorial. The prudent apprehensions "which we ought to have of the extra- vagant Growth of the ffrench Settlements upon the Back of these Co- lonics, and the Inconveniences which must follow from the Success of their Jesuits in debauching many of your five Indian Nations from the English to a ffrench Interest, are very fully and clearly set forth in your Letter to me of the 20th of December last, and I am of opinion, that the Presents allowed by the Crown, and your diligent application in your frequent Treaties with the fiive Nations, have been of great Use to prevent the Consequences which otherways might have been expected from the Artifices of such powerful Ene- mies and most indefatigable Rivals. Nevertheless, we must not think ourselves absolulely secure by a constant Repetition of the same means, but rather keep a watchful Eye upon every new motion of so subtile an Adversary, And there- fore I would humbly entreat you to recollect how that upon the former Peace with the ffrench, the five Nations immediately desisted from going out to War against the Illenese, the Flurons, and other Indians in League with the French, So that their young men or VVarriours ^^ ere obliged to go a great way off towards the South West against Indians settled upon' or near to the lower Branches of Misisippi, but of late They seem to have relinquished that Path, and notwithstand- ing of their many Engagements to the Contrary, to be found Uj)0u the minutes of your Treaties at Albany, yet their Course and Pro- jects of War is now generally bent against the Indians who are in Amity with Virginia and Carolina. If then, neither the authority of your Government, the Conte- naace of his Majestys regular fforces, nor the Weight of his royal Bounty and large presents can divert these unruly heathens (viz. the five Nations) from insultino- the English Colonies and destroying their Allies. Can we suppose that any thing else but ffrench Coun- cils could have formed an artifice like this, to set all the Indians in 94 MINUTES OF THE tlVicodship witli ihe English at War with one another, in such a man- ner as cannot fail even to imbroilthe English Colonies themselves 1 For the Soulhtrn Indians being at last provoked beyond mea-ure, came out this Spring to meet the mighty Warrlours of your five Nations, and pursued them with Slaughter almost as far as Patow- meek River, from whence they returned from the path they have jH-actiscd for some yearst past to Sasquehnnnah and our Settlements tliere. So that it seems as if they Intended to make us a Barrier by drawing their provok'd Enemies first upon us before they can come at them, which is the more likely to prove the Ctaisequences of these proceedings, because tho' our Indians have repeatedly engaged to ms that they would go no more out to War, yet as often as those of the five Nations come that way, they Constantly press some of our In- dian young men to accompany in their Expedition, and when the others shew'd a Keluctancy (rom the obligations they lie under to the contrary, they haughtily ask them to whom tliey belong, whether to them or to us '! to w liich our People being awed by them, dare make no other Answer than that they belong to them, and thus they are forced away. Thus four of ours accompanied their last party, and two of the tour were Killed, the Consequ'^nce of which I say must be, that whenever those Southern Indians think fit to proceed so far by following the path their Enemies have trode out to them, they will be first led to our Settlements and there probably the Mischief must begin. Our Indians dread to offend them, and are cautious of even mentioning them but with Respect, unless it be at times of their almost flVeedom with us as their Friends. As often as tliey com.e they are treated with the greatest Huma- nity, both by our Indians and Christians, and we rarely have had occasion to complain of their Deportment untill of late, and espe- cially this last time, when without any provocation they shot divers of our People's Creatures for their Diversion osily without touching them for flood, and robbed one Patcrson, a Trader's Store, before his Face, (as ke complains) of some pounds value, without pretend- ing to make any manr.er of Satisfaction ; And last of all, as if they had firmly purposed openly to insult and affront this Government by any means whatsoever. Some of the Nation called Cayoogoes had the Boldness to assert, that all the Lands upon Sasquehannah River belonged to them, and that I he English had no Right to settle there, intimating as if they (the (Cayoogoes) speedily intended to come down with their People to Philadelphia, in order to demand Possession of those Lands; An insolent way of speaking, which I am told they have but lately assumed, since the Death of two of their ancient men who kept them in some awe, and ever shewed a faithful Regard to the English Interest. Now Sir, Though we are under no apprehensions of their commit- ting an act which might terminate in their own Destruction, yet we thought it proper to advise you of their impertinent and foolish Con- duct, that they may be reprimanded by your authority in such a manner as you shall see fit. PROVINCIAL COUNCIL. 95 And that you may plainly sec upon how groundless a Pj-clcnce it is that they want to quarrel with us, I beg leave to give you a short Informacon how mitters stand between the five Nations and the Pro- prietor of this Colony. When Governour Penn first settled this Country, he made it his Chief Care to cultivate a strict Alliance and Friendship with all the Indians, and condescended so far as to purchase his Lands from them but when he came to treat with the Indians settled upon the River Sasquehannah, finding that they accounted themselves a Branch of the Mingoes or flive Nations, he prevailed with Colonel Donrran,then Governour of New York, to treat with those Nations in his behalf and to purchase from them all their Claim of Right to the Lands on both sides of Sasquehannah, which Colonel Dongan did accordino-ly, and for a Viiluablc consideration paid in Sterling money, Colonel Dongan, by good Deeds transferr'd or convey'd his said Rinht pur- chased from the five Nations to Governour Penn & his Heirs, in due Form of Law. Upon Governour Penn's last arrival here, about twenty years a^oe, he held a Treaty with the Mingoes or Conestogoe Indians settled on Sasquehannah, and their Chiefs, did then not only acknowledcfe the Sale of those Lands made to Colonel Dangan as above, but as much as in them lay did also renew and confirm the same to Governour Penn. Lastly, About nine or ten years agoe, a considerable Number of the five Nations, not less than fifty, (as it was judged by those present) came to Conestogoe, and meeting there with Colonel Goo- kin, late Governour of this Province, attended by several members of his Council, Colonel Dongan's Purchase was mentioned to them, and they not only appca-ed to be fully satisfied therewith, but pro- ceeded in a formal manner, without any Hesitation, to confirm all our former Treaties of ifriendship with them. From all which it is evident. that neither the whole five Nations together, nor any one of them separately, have the least appearance of a just Right to any of these Lapds they would now claim ; So that i{ they do not think fit, either in their Answer to you from Al- bany, or by messenger of their own to Philadelphia, (not exceeding- the usual Number of a peaceable Embassie,) to make some suitable Acknowledgments to this Government for the above mentioned inso- lent Expressions & Behaviour of the Cayongoes We shall conclude that they have been strongly instigated thereto, and that it must proceed from Causes which tend to the prejudice of the British Inte- rest in general, and therefore equally concern all his Majestvs Subjects upon this Main. But from the Influence which the Government of New York cer- tainly has, or at least ought to have upon these five Nations, their good Allies, it is to be hoped they will listen to your friendly Advice before it be too late; And if their young men must go to War," let them only be jierswaded to change the path and present Course of their Warlike Enterprizes, so as not to molest the English Settlements on 96 MINUTES OF THE this Continent or any of their Indian Friends. I am for my own j)art extremely anxious to preserve and continue the good under- standing that has hitherto subsisted between this Colony and the five Nations, but as we never had nor desire to have any Intercourse with them by Trade, I am at a Loss how to represent my Thoughts to them any otherways than by the Favour and neighbourly assis- tance of your Government, which I earnestly beg leave you would please to interpose so far in our behalf upon this Occasion, as to pro- cure some distinct Answer from their Sachims, relating to the above mentioned particulars of their People'sConduct amongst our Settlemts. Now Sir, I can make no other Apology for all this Trouble given to yourself, but that you shall ever find me ready on all Occasions to execute any Comands relating to your Service, being with a most faithful and sincere Respect. Sir, Your most humble &, most obedt. Servt, W. KEITH. Then an engrossed Charter for erecting the Town of Bristol into a Burrough, was read> and with some Amendmts. agreed to by the Board. The Petion of the Shopkeepers of Philadelphia concerning the Vendue, which at a Council held the 8th Day of June last, was re- ferred to another meeting, was again read, And it appearing that the Practice of other Colonies was the only thing asserted, upon which the Prayer of the sd. Petition did wholly depend, the Petitioners are therefore ordered to make a more particular Inquiry, so as that they may be able to inform this Board what the said Practice is, And then the Board will proceed to a further Consideration of the matter, And the Clerk is ordered to give the Petitioners a Copy of this Minute for their Direction herein. The Secretary acquainted the Board, that some Indians were ar- rived in Town from Conestogoe, to wait upon the Governour & Council ; Whereupon, the Council was adjourned untill to morrow- mornino' at nine o'clock, in order to receive the Indians. At a Council held at Philadelphia, July the 20th, 1720. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. PEESEA-T ALSO : Conestogoe Indians: Tagoleless or Civility, Oyanowhachso, Sohais Connedechto's Son, Tayuchoinjch. Ganawese : Ousewayteichks or Capt. vSmith, Sahpcchtah, Mee- meeivoonnook, Winjock's Son, George Waapessum, & John Prince. Shawanese : Kenneope. Edward Farmer, Sworn Interpreter. The Secretary acquainted the Board, that the Indians present PROVINCIAL COUNCIL. 97 were sent by their Chiefs from Conestogoe, in pursuance of the Re- solution they had taken at the Conference he had lately held with them there, of sending a message to (he Governour of Virginia. The Interpreter, by the Governour's order, told the Indians that the Governour was glad to see them and to hear of the Welfare of their People. The Indians delivered two Bells of Wampum with a written Pa- per, which they say contains the v/hole of what they are ordered to deliver to the Governour and Council at this time. The said Paper was read, and is as follows. July the 16th, 1720. To our Friends & Brothers, the Governour & James Logan, at Philada. These as to what hath been proposed by our Friend & Brother James Logan when here, of our sending to the Southward Governments to confirm a Peace ; We are very willing to have and keep Peace, and therefore send a Belt of Wampum to confirm it, but we must leave it wholly to you to perfect the same. As to any of our People on this River going to the Southern parts about the same, it will doubtless occasion the Death of us, while the five Na- tions still follow the Practice of going thither to War, of whom at this time there is great numbers going that way; therefore, we plainly tell you, We know not what measures to take, but leave all to you, resolving to follow your Council, but sure we are to suffer for what we have already yeilded to do in the affair aforesaid as soon as the Sinnekaes come to know thereof, if not protected by you, for They will be enraged against us when they know that we are willing to be at Peace with those Nations, that they resolve to maintain Wai* against, and will certainly cut us off as well as the back Christian Inhabitants ; for they, we are sure, do not bear true afTection to your Government, and Some of them are already very bold and impudent to the Christian Inhabitants and us also for their sakes, whom we are unwilling should have any Damage done by them if we can prevent U, and in real good will do certify the Government that be believe hey will shortly have some Trouble wiih them if not timely preven- ted. Our Captain Tagoteless, and some others of our People comes with our Words to you, and this present Letter taken by his Inter- nretation, by our good Friend John Carllidge, whom we could have iocn glad if he would have como himself and given you an account of matters, We are your true Friend & Brothers at Conestogoe. Then the Council was adjourned, and the Indians ordered to attend at four o'clock in the afternoon. EODEM DIE POST MERIDIEM. Present, the same as before. ^ The Council being met, the Indians were called in, to whom the Governour spoke as follows, to viz: 9 98 MINUTES OF THE That nothing can be more acceptable to thisGovernment than that the Indians should live in Peace with all the Nations round them, but above all with those who are in fTriendship with the English Governmts. The Govr. had often seriously exhorted them to it, and they had en- gaged to go out no more to War, with which Engagements he had acquainted the Governours tw the Southward, and more especially the Governour of Virginia, by Capt. Smith, who came from that Governour to the Northward, on purpose to engage the northern In- dians to live in Peace with all his People and Friends. And the said Gentleman, Capt. Smith, they may well remember, was present with the Govr. at his first Conference with them at Conestogoe soon after liis arrival, when they promised in that Treaty to go out to War no more. That it was a very great Satisfaction to all Parties to find them thus engage themselves, tho' what was proposed to them was wholly for. their own Benefit and Advantage. Capm. Smith carried this News with Gladness, and the Governour of Virginia and his People received it with Joy, every body believing they might surely depend on these assurances. Yet notwithstanding all these, Some of their Young men had been unhappily prevailed on to go out against the same People. The Go- vernour is very well pleased to hear bj the Secretarys Report of what they lately said on that head at Conestogoe, that they condemn these proceedings, and excused themselves by the Influence the five Nations have over their People, and that the young men carried on by the Heat of Blood to martial Exploits, and to shew their manhood are difficuUty restrained by the more sage advice of their.Elders. But 'tis now hoped these young men, some of them having forfeited their Lives by their Disobedience to their Elders, are also as fully resol- ved most strictly to observe these present Engagements ; And tho' the Governour really lies under some Disadvantages in the Repre- sentation he is now to make to the Governours of Virginia and Ca- rolina, by reason of their having failed in tbeir former, yet he will without delay acquaint these Governours with their renewed Reso- lutions, and give them all possible assurances from our Indians, that nothing in their power shall divert them from a strict Observance of what they have promised for the future, and as a binding proof of it according to the Custom of their Nations, shall convey these two Belts of Wampum as firm and inviolable Seals to all that the)-^ have said. These the Governuur will convey to the Governour ol Virginia with Letters in their Favour who sent them,and a particular account of their Country & Ilabitalions, with all which the Governour of Vir- ginia will undoubtedly take Care to acquaint all his Indians and Peo- ple, iind engage them for the future to consider our Friends as their Friends, and the Governour will endeavour to make them all as one People. But as this will require some time, and all the Indians in those Southern Parts cannot be immediately acquainted with these messages, PROVINCIAL COUNCIL. 99 tho' the Govcrnour intends to use all possible Dispatch. They must in the mean time take Care of themselves and keep out of the way oi' the \VarrioLirs paths, till a full and perfect Peace and good Under- standing can be settled. But after the Governour has thus proceeded in their Behalves, and in some measure pledges his Honour for them, They must not fail on any terms whatsoever, most strictly to make good their pre- sent Engagements against the Perswasions of all People whatsoever. We are all Friends to. the Five Nations and have a great Respect for them, and these cannot but be pleased to find that our Indians live in such Friendship with their English Neighbours, as to resolve also to live in Peace with all their Friends. Whenever any of these Minguays come amongst them, they must not fail to inform them that They and We are one People and not to be separated in Inte- rest, and we desire that the Minguays also may be the same, and live with us as Brothers. This being interpreted, it was ordered that They should be sup- plied with a Quarter Cask of powder, fifty pounds of Lead, five Gallons of Rum, with Bisket, Pipes, Tobacco, &c., for their Jour- ney ; In the mean time, that the Treasurer or Secretary should see them duly accommodated. At a Council held at Philadelphia, August the 6th, 1720. PRESENT : The Honurable V/ILLIAM KEITH, Esqr., Govcrnour. Richard Hill, Jonathan Dickinson, William Trent, James Logan, Secretary. Isaac Norris, Whereas, upon the Repeal of a late act of Assembly of this pro- vince, for establishing the several Courts of Judicature within the same, the Governour to prevent the failure of the Administration of Justice which might otherwise ensue thereon, found it necessary, by the Advice of this Board and Approbation of the Assembly, pursuant to the Powers granted by the Royal Charter to the Honourable Wm. Penn, Esqr., lale Propi ietor and Governour in Chief of fhis Province, his Heirs and As'-igns, and to his and their Lieulenants or Deputies, to erect by virtue of his Commissions the several Courts of Law within this Province, which have been regularly held and Justice duly administered thereby ; but there being a Necessity also, that a Court of Equity or Chancery should be held for the Releifo those ivho suffer under the Rigour of or cannot obtain their Right by the common Course of the Law, the Establishment of which Court of Equity does not appear practicable by the same methods with those of the Law, as being inconsistent with the Nature of a 100 MINUTES OF THE C hancery, as it is practised in all his Majestys Dominions as well in Europe as America. The Governour therefore proposed this matter to the Considera- tion of the Assembly, at their meeting in May last, who thought fit to recommend it to the Governour to hold such a Court of Equity himself, with the assistance of the Council ; Whereupon, He was further pleased to desire the Advice of this Board, Who having at a former Meeting taken the whole into their serious Consideration, and deliberately debated the Nature of the thing and the Security of the method, It is at length Resolved, That it is the Opinion of this Board, that by virtue of the Powers granted by the Royal Charter to the late Proprietor, his Heirs and Assigns, and to his and their Lieutents. or Deputies, being regularly appointed, the present Governour William Keith, Esqr. , safely may comply with the Desire of the Representatives of the fTreemen of this Province, signified to him by an unanimous Resolution of their House, dated at Philadelphia the 4th day of May last. And that the holding of such a Court of Chancery in the manner aforesaid, may be of great Service to the Inhabitants of this Colony, and appears agree- able to the practice which has been approved of in the neighbouring Governments. But the Governour speaking to his own want of Experience in Judicial Affairs, and representing to the Board the great Addition of Attendance and Fatigue in tbe public Business which would be there- by laid upon him. He was pleased to add nevertheless, that consider- ing the many marks the House of Representatives and this Board had shewn of their Confidence in him in this as well as divers other respects. He should not decline to serve the Publick in that Station, but insisted on this, that as no Court of Chancery could by the me- thod proposed be held without him. So that He, on the other hand, should not fail of having a due assistance from the Council on their parts; And it was thereupon, at the Governours desire, established and declared. That as often as the Governour is to sit in Chancery and hold a (yourt. All the members of Council in or near Philadelphia, shall be summoned to attend the Governour as his assistants upon that Bench, and that there shall not any Decree be pronounced or made in Chan- cery but by the Governour as Chancellor, with the assent and con- currence of any two or more of the Six eldest of the Council for the time being. And that those Six eldest Counsellors or assistants, or any of them, may be employed by the Governour as Masters in Chancery, as often as Occasion shall require. And that the Inhabitants may have due notice of the said Court, it is ordered that A Proclamation be issued certifying all his Majestys Liege People of this Province, that for the more equal Distribution of Justice and the Conveniency of the Subject, a Court of Equity or Chancery will be opened by the Governour, at the Court House in PROVINCIAL COUNCIL. 101 Philadelphia, upon the £5lh day of this instant, August, in order to hear and judge of all such matters within this province, as arc regu- larly coi^nizable before any Court of Chancery, according to the Laws and Constitutions of that part of Great Britain called England, and that the said Court will be always open for the Relief of the Sub- ject; Whereof his Majestys Judges of the Supreme Court, and the Justices of the inferiour Courts, and all otlicrs whom it may concern are to take Notice, and to govern themselves accordingly. There was read a Petition for a Road from Philadelphia to Wicko- coe, in these words. To the Honourable the Governour &, Council of the province of Pensilvania. The Petition of William Carter, Clement Plumsfed & Andrew Ha- milton, pt. owners of several parcels of March and Swamp, lying between the Land of Wickocoe and the point oppo'ite to Glocester, in W'est Jersey, in behalf of themselves & others, humbly shews. That part of the said Marsh or Swamp being granted to sundry persons who aie abuut to improve the same, and no public Road being yet laid out leading from Philadelphii to the said M;\rsh or Swamp, th'3 Petitioners pray an Order of the Governour and Council lor laying out a public Road from Philadelphia to the. point afore- said opposite to Glocester, where a fferry is proposed to be erected, which will very much conduce to the Ease and Advantage of his Majestys Subjects travelling that way, and to the owners of the said Swamp & low Grounds. Sign'd by Wm. Carter, A. Hamilton, Clemt. Plumsted, Edward Roberts, John Cadwalladcr, Evan Ort'en, Geo. fitzwater. Which being considered by the Board, the prayer of the said Peti- tion is granted, and Samuel Preston, Wm. Carter, George Fitzwater, Benjamin Banksr»n, Jacob Taylor and James Steel, are appointed to lay out the said Road, and are ordered to make a Return thereof to this Board at next meeting of Council. The Secretary laid before the Board an Accott. of the Charges of a Treaty held with the Indians at Conestogoe, the 2rth day of June last, being Eight pounds four Shillings and Eight pence ; as also an Accott. of Goods & provisions supplied the Indians at Philadelphia, by Order of this Board the 20th of July last, amounting to Plight pounds thirteen Shillings and five pence, the whole Charge being Sixteen pounds eighteen Shillings and one penny, from which de- ducting the presents received from the Indians to the value of ten pounds five Shillings, there remains due to the Secretary the Summ of Six pounds thirteen Shillings and one penny, which Accotts. being examined were allowed by the Board, and the Treasurer is ordered to pay the said Ballance to the Secretary forthwith. T02 MINUTES OF THE At a Council held at Philadelphia, August the 9th, 1720. present: The Honourable WILLIAM KEITH, Esqr., Governour. > Richard Hill, Samuel Preston, William Trent, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. The Secretary laid before the Board a Draught of the Proclama- tion ordered to be issued at last Council, which without any Altera- tions was approved, and ordered to be engrossed, sealed and published forthwith. Samuel Preston presented the Return of the Road fi*om Philadel- phia to the point opposite to Glocesler, in AVest Jersey, laid out by Order of this Board, the consideration whereof, upon the petition of Benjamin Vining of Philadelphia, mercht., praying to be heard before the said Road is confirmed, was referred to the next meeting of the Council, of which the Clerk is ordered to give the sd. Vinjng Notice, At a Council held At Philadelphia, October the 4th, 175iO. PRESENT : The Honourable WILLRM KEITH, Esqr., Governour. Richard Hill, Anthony Palmer, William Trent, Jonathan Dickinson, Samuel Preston, James Logan, Secretary. The Governour having received from the several Sheriffs & Coro- ners of the respective Counties of this Province, Returns of the Elections of Persons to be presented to the Governour for his choice of Sheriff & Coroner respectively, for each County. He desired the Advice of the members present in his Nomination, which is as follows : For Philadelphia City & County : Owen Roberts & David Evans being returned for Sheriffs, the first is appointed; For Coroners, Ri- chard Walker & Merrick Davis being returned, Richard Walker is appointed. For Chester County : Nicholas Fairlamb & John Crosby being returned for Sheriffs, J no. Crosby is named ; For Coroners, Jonas Sandeland & John Wade being Returned, the first is nominated. For Bucks: John Hall & William Biles being returned for She- riffs, John Hall is nominated ; For Coroners, Jeffrey Pollard & Tho- mas Thweights being returned, the first is appointed. Accordingly Commissions are ordered to the said persons for their respective Offices, the Sheriffs giving Security in the Rolls office as the Law directs. PROVINCIAL COUNCIL. lOS A motion being made for confirming the Road from Philadelphia to the point opposite to Gloucester, in West Jersey, lately laid out by Order of this Board, Benjamin Vining &, Peter Evans attending were called in, And upon the humble Request of the said Benjamin Vining for himself, and Peter Evans in behalf of John Moore, Esquire, Own- ers of certain parcels ot Land through which the said Road (accord- ing to the Survey & Return thereof made to this Board,) will run, the confirmation therefore is deferred untill the first meeting of the Council after the 10th Instant, whereof the Clerk is ordered to givs the said Gentlemen Notice accordingly. At a Council held at Philadelphia, November the 5th, 1720. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. Samuel Preston, The Governour acquainted the Board, That upon Advice from his Excellency the Governour of New York, That Robert Moore, late of Philadelphia, had made his Escape out of New York Gaol, where he stood committed for stabbing John Gei, late of Philadelphia, Mercht., Hues & Cryes had been issued here after the said Robt. Moore, throughout the whole Government. But now that the said John Gei was actually dead of his Wound, and it being suspected and talked as if the said Robert Moore lurked some where within this Government, with Intention to depart beyond Sea without the Reach of the Laws ; the Governour was of opinion, That it was proper to issue a Proclamation for preventing, if possi- ble, the said Robert Moores Escape from any part of this Govern- ment, And having caused one to be prepared accordingly, the same was read and agreed unto by the Board and ordered to be engrossed, sealed, published and orinted forthwith. EODEM DIE POST MERIDIEM. PRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Anthony Palmer, Isaac Norris, James Logan, Secretary. Present also, Andrew Hamilton, Attorney Genl. at the Govrs. Desire. The Attorney General informed the Governour that two Criminals, '^'hichatlhe last Court of Oyer and Terminer, held at Philadelphia, 104 MINUTES OF THE were convicted, viz : a Man (by name Edwd. Hunt,) for high Trea- son, having Counterfeited the Current Coin, and a Woman, (Anne Huson,) for Burglary, lay now in Philadelphia Gaol under Sentence of Death, but that no Esecucon had been yet awarded that he knew of. One of the Judges present observed, that the Governnur being abroad when Sentence was pi enounced, the Judges had delayed awarding the Execution to give the Criminals a reasonable time for making their Application to the Governour, lest they had anything to offer which could entitle them to any share of his Mercy, but the Governour declared that no such thing had yet been offered to him, and that it was his steady Resolution not to interpose his Authority or suspend the Execution of any legal Sentence, except when either a Certificat from the Judges, or other weighty Recommendation from this Board, should offer such Reasons to him as might convince his conscience that such an Interposition was prudent, Just or necessary. The members differing in their Sentiments about the Circumstan- ces of the condemned Criminals, and the Board being very thin, the Governour proposed an Adjournment to the 9th instant, and in the mean time that the Warrants fbr executing the Sentences which the Law had pronounced should be issued, since that could not intercept oi hinder the Governour from shewing mercy, if any good Reasons could be offered at the next meeting of Council for his so doing ; And the Council was adjourned to the ninth instant, at nine in the morning accordingly. At a Council held At Philadelphia, November the 9th, 1720. TRESENT : The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Jonathan Dickinson, Samuel Preston, James Logan, Secretary, Present also, Andrew Hamilton, Attorney Genl. at the Govrs. Desire. The Governour acquainted the Board, that the Day before He had issued his Warrants for Executing the Sentence of Death against the Criminals mentioned at the last Council, And that the 19th instant being the Day appointed for the said Execution, there was sufficient opportunity given for an application from the Judges, if there was any thing of that kind to be offered. It was again urged by some of the members, that Edward Hunts Crime (viz. High Treason for counterfeiting the current Coin,) being the first offence of that Nature, whereof any Person had been yet PROVINCIAL COUNCIL. 105 convicted in this Colony, it therefore seemed to claim some Compas- ^5ion, but all agreed that there was nothing to be s-aid in behalf of the Criminals former Character, personal merit or Behaviour. One of the Judges present seemed for the above Reason to incline that Hunt should be repreived, until the Kings Pleasure could be known, but declared at the same time, that his Compassion for the Criminals cir- cumstances did not proceed from any Ground of Dissatisfaction with any part of the Evidence upon the Tryal, which appeared to him sufficient to infer Conviction and the legal Sentence that had been pronounced. Those who spoke on the other side urged the nature of the Crime, and the Necessity that there was in all civil Governments to make some public Examples, the want of any merit in the Criminal, and the very litle or no Service at all that a Reprieve to so miserable a Life could be to him. The members present being equally divided in their Opinions, it was left to the Governour to do therein as he thought fit. A Petition from Anne Iluson, the other Criminal mentioned at last Council, under Sentence of Death for Burglary, was presented and read. It was generally observed, that the Criminals Behaviour shewed her to be a very weak ignorant Woman ; That it was the first offence to which She had plead guilty, when many were of opinion tliat the Evidence for Burglary would scarce have amounted to Conviction. It was also observed, that her Crime was a growing Evil in the City of Philadelphia, which had but very lately been made Felony of Death, wherefore to make a proper Example of the Force of that Law would be of Use ik. Importance ; Howeverj this was also referred to the Governours Thoughts &; Pleasures. Upon the Prayer of Andrew Hamilton, Esqr., to the effect under written. It is Resolved, That the Road from Philadelphia to the Point over against Glou- cester, in West Jersey, lately laid out by Order of this Board, be, and it is hereby confirmed according to the Return thereof, made by the Persons appointed to survey and lay out the same, which said Return is in the following words. Pursuant to the Order of Council hereunto affixed, We the persons therein named and appointed do certify, That on the 9lh Day of the Sixth month August, Anno 1720, We have laid out a Public Road leading from the South End of the Second Street of the City of Phila- delphia, to the Point in the Marsh or Swamp opposite to Gloucester, in West Jersey, the Course whereof is the same with the said Second Street, continued in Moyamensing Road to Wickacoe Lane End ; Then leaving the said Road and rutiing south two Degrees Easterly two hundred perches to a point of fast Land below the House late of Peter Swanson ; Then continuing the same coursg into the meadow perches; Then south 16 Degrees East through the Swamp and Cripple One hundred »k Eighty perches to Little Hollanders Creek; 106 MiNUTES OF THE Then crossing the said Creek and continuing the same Course through the Meadow Ground One hundred perches to Hay Creek ; Then over the same and still continuing the same course, viz: South 16 Degrees East two hundred perches to a Swamp Oak, mark'd standing on the said point opposite to Gloucester ; Then South East about ten perch- es to Low water mark, in the River Delaware. SAML. PRESTON, WM. CARTER, GEO. FITZVVATER, BRNJAMIN B. B. BANKSON, JACOB TAYLOR, JAMES STEEL. At a Council held at Philadelphia, March the 22d, 1720. PRESENT : The Honble WILLIAM KEITH, Governour. Richard Hiii, Anthony Palmer, William Trent, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. Samuel Preston, Upon Consideration of a Petition this Day read at the Board, from sundry persons who call themselves the upper Inhabitants of the West side of Schuylkill, in these words. To the Honorable William Keith, Esqr., Governour of the Province of Pensilvania and to His Honorable Council, The Petition of the upper Inhabitants on the West side of Schuj'lkill, humbly sheweth That Whereas the Commissioners for the County of Chester, have attempted of late to make us pay taxes in the County of Chester, notwithstanding we have ever since our first Settlemt. paid our Taxes in the County of Philadelphia. And your humble Petitioners having no Trade with Chester, and seeing it is impossible for us to have any toUerablj convenient Road to Chester, by reason of Rocks and Mountains. And considering that the County of Philadelphia, if bounded by Schuylkill, will not be above seven or Eight miles broad at this place by an indiflerent Computation, and the County of Chester, if bounded by Schuylkill aforesaid, will be near fifty miles broad by the like computation. And considering that we must carry the Product of our Labour to Market at or near Philadelphia, which is forty or fifty miles, to pur- chase money to pay our Taxes, and defray the several Charges we shall be incident to by public services if we be taken into Chester County, which will be a very great burthen upon us. PROVINCIAL COUNCIL. 107 The aforesaid Considerations your humble Petitioners hope are suf- ficient reason for us to pray your Honrs. that the Counties may be divided, And that if possible we may be (as heretofore) Inhabitants in the County of Philadelphia, tho* on the west side of Schuylkill ; And your Petrs. as in Duty bound will ever pray, &c. Signed by Israel Robeson, Francis Hughs, Henry Bell, John Sin- clair, John Rumford, and about forty psons more. It is ordered that the Surveyor General search his Office, and make Report to this Board of what appears from thence concerning the Division of the two Counties of Philadelphia & Chester from each other. Also, that He and James Steel report in like manner as far as they are capable, who or how many of the subscribers to the said Petition are seated on the west side of Schuylkill, and upon what Tracts of Land and how long they have been possessed of the same, upon which Report this Board may proceed further upon the Peti- tion presented to them. The Governour acquainted the Board, that there being frequent late Advices of the Plague & pestilential Distempers raging in seve- ral Countreys of Europe, And there being great Numbers of People daily impoited into this Colony from Great Britain, Ireland, Ger- many and other parts. He thinks it a subject very worthy the se- rious Deliberations of this Board, to consider of some further means than the Law entituled, " An Act to prevent Sickly Vessels coming into this Government," has provided for preventing Sickly vessels arriving in this province from discharging their goods or passengers. And that in order thereunto He had caused the Draught of a Com- mission to be prepared, whereby Patrick Baird of Philadelphia, Chirurgeon, is authorized and required to go on Board all vessels arriving from Sea in any port of this Province, and to examine the State of the Health of the Mariners & Passengers aboard, and upon reasonable Cause of Suspicion of any pestilential or Contagious Dis- temper being aboard, to vvai-n and require the master or Commander of such Sickly Ship or Vessel not to presume to land, or suffer to be landed any Goods or passengers from aboard the said Vessel, before such master or Commander has obtained the Governours Licence for so doing ; And the said Commission being read and con- sidered, was with some amendmt. approved. It being hereupon fur- ther observed by the Board, That without the appointment of such an officer, the aforementioned Law for preventing Sickly vessels coming into this Government was lame and defective, and could not an>swer its first Design and Intention. The Governour further acquainted the Board, that having taken a -Resolution last summer (as they were sensible) to visit the Gover- nour of Virginia, in order to establish if possible a Peace and good understanding between the Indians of that Colony, and the parts ad- jacent to the Southward and the Indians of this Province, between whom divers Hostilities had been committed to the endangering the publick Peace of the Province ; but being prevented by Sickness 108 MINUTES OF THE from undertaking that Journey as he had proposed, and thereby obliged to defer it to this Spring; He had now fully prepared for it, and intended (God willing) to begin his Journey tomorrow; That in the mean time the Care of the Government would lie upon this Board, That the Number of its Members being so much reduced that it was not easie to get a Quorum together, it would therefore be con- yenient as had been formerly proposed to make an Addition of some {ew members ; He therefore recommended it to those present, (who are all the Members residing in the province that give their Atten- dance) to consider of two or three proper persons to be admitted before his Departure. The Board very much approved of the Gover- nours intended Journey and heartily wished him success in it, And was then adjourned till tomorrow at nine in the morning. At a Council held At Philadelphia, March the 23d, 1720. PRESENT : The Honourable WILLIAM KEITH, Esqr. Governour. Richard Hill, Anthony Palmer, William Trent, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. Samuel Preston, The Members present yesterday having considered what the Go- vernour had recommended to them in Order to an Augmentation of this Board, and having named to him in the Evening some persons for the Governours Choice, He now acquainted the Board, that He had directed Thomas Masters and Andrew Hamilton, two of the four who had been named to attend, V/ho being called in and informed of the Desire the Governour and all the Members had that they should join this Board, Andrew Hamilton, Attorney General of the Province accepted on this Condition, That He should not as a Member of Council forego any part of his Practice in the Law, on which He had his sole Dependance ; And then Thomas Masters took and sub- scribed the several affirmations and Declarations injoined by the Acts of Parliament of England, to be taken by those called Quakers, as also an affirmation for the Discharge of his Duty in this Station, and Andrew Hamilton took the several oaths injoined by the said Acts, as also an Oa*h for the Discharge of his Duty as a member of Coun- cil, after which they took their places at the Board. The Treasurer laid before the Board an accott. amounting to Eighteen pounds five Shillings and ten pence, expended upon the Indians in the years 1715 & 1716, which is referred to the Secreta- ry, to be compared with his accotts. for those years allowed by the Council. And if upon Examination the Secretary finds the sd. accotts. PROVINCIAL COUNCIL. 109 now produced by the Treasurer to be just and not formerlly allowed by the Council; It is ordered that the same be and is hereby al- lowed. The Governour then informed the Board that He had nothing fur- ther to lay before them, than that they would lake Care to keep all things as quiet as possible till his Return ; That He doubted not They would avoid giving themselves or other People any Trouble that could be avoided ; That He proposed to be back cither at Philadelphia or New Castle the first week in May or thereabouts, And in the mean time wished them heartily well. At a Council held At Philadelphia, March the 28th, 1721. In the Governours Absence. PRESRNT : Richard Hill, Thomas Masters, Samuel Preston, James Logan, Secretary. Jonathan Dickinson, The Secretary laid before the Board a letter he had received from the Governour, Colonel Keith, dated at Chester in his Journey to Virginia, occasioned by his meeting Samuel Robins, who had been dispatched by the Governour about the middle of last month to Co- lonel Spotswood, Governour of Virginia, in order to obtain an Answer to the Message sent him by this Government, from the Indians of Conestogoe and others of this Province ; Which Letter being read, the Secretary by thn direction of the Board, drew up a Message to be forthwith dispatched to the Conestogoe Indians & others upon Sasquehanna in this province, as follows : That the Messenger sent by our Governour to the Governour of Virginia in order to obtain an Ansv/er to the Message, and Tokens sent from and in behalf of the Indians by this Government was now returned, and had brought from the Indians of Virginia residing in that Government two Belts of Wampum, which are herewith sent them as a Promise and Assu- rance from the Indians of Virginia, that the said Indians will not for the future pass over Patowmeck River to the Eastward or Northward, or the high Ridfije of Mountains extendino- alon^ the Back of Virsi- nia. Provided, that our Indians and These to the Northward shall not pass over Patowmeck into Virginia to the Southward, npr shall go over to the Eastward of the said Ridoe of Mountains. That this is the Message now sent by those Indians dwelling within the sd. Mountains and in Friendship with Virginia, but that our Governour continues his Journey to Virginia to see the Gover- nour of that Country who is his great Friend, and the Governor of Mary Land, in Order to establish a firm Peace amongst all the In- dians in Friendship with the Subjects and People of the Great King 10 no MINUTES OF THE of England, and this Service to the Indians alone has led him so far from home from his Family & ffrds. in his own Province. In the mean time, 'tis expected that none (if the Indians in Friendship with this Government shall go out to War against any Indians whatso- ever who are in Friendship wi'h the Subjects of England, but behave themselves peaceably and quietly to all their Nerghbours without giving ary offence. And John Cartlidge, of Conestogoe, is desired to deliver the said Belts of Wampum to the Chiefs of the Indians on Sasquehannah, and to interpret this Message from the Indians of Virginia and from this Government, and to return their Answer to the Governour or to this Board by the first Opportunity after. At a Council held at Philadelphia, April the 20th, 1721. phesent: Richard Hill, Thomas Masters, Samuel Preston, James Logan, Secretary. Jonathan Dickinson, William Spafford, of Philadelphia, mariner, appeared before the Board and made Oath, that the Sloop Sarah, Burthen twenty two Tuns, himself Master, was built at Phihidia., Anno 1721, and owned by his Maty's Subjects and no Foreigners, and had a Register for the said Sloop, signed by the Secretary in the presence and by order of the Board. At a Council held at Philadelphia, May the 1 1 th, 1721. PRESENT : Richard Hill, Thomas Masters, Isaac Norris, James Logan, Secretary. Samuel Preston, Joseph Redman, of Philadelphia, mercht., appeared before the Board, and upon his solemn affirmation according to Law, declared that the Sloop Little Joseph, Burthen fifteen Tuns, Thomas Glent- worth, master, was built in Rhode Island, Anno 1719, (as appears by a former Regr. now cancelled) and wholly owned by himself & George Campion, of Philadelphia, And had a Regr. for said Sloop, signed by the Secretary in the presence and by Order of the Board. PROVINCIAL COUNCIL. Ill At a Council held at Philadelphia, June the 3d, 1721. PRESENT . The Honourable Sir WILLIAM KEITH, Baronet, Governour. Richard Hill, Anthony Palmer, William Trent, Jonathan Dickinson, Isaac Norris, Andrew Hamilton, Samuel Pi-eston, James Logan, Secretary. This being the first meeting of the Council since the Governours Return from Virginia, the Governour took occasion to thank the Board for their Service to the Government in his Absence, with some Expressions of his Satisfaction in meeting with his Council at this time, and finding the publick affairs of the Province in perfect good Order & Tranquility ; Whereupon, all the members present very heartily and unanimously congratulated him upon his Arrival in his own Government, And several of them took this occasion parti- cularly to acknowledge the Governours constant Care and Concern for the Interest, Honour and public Peace of the province, for whose Service he had undertaken and now happily accomplished so long and expensive a Journey. The Secretary reported the Minute of Council and Message to the Indians at Conestogoe, the 28th of March last, occasioned by the Governours Letter to him from Chester, with the Governour of Virginia's Answer, to the Express concerning In- dian affairs sent by Saml. Robins, last February. The Governour acquainted the Board, that having formerly at se- veral times declared to this Board the Reasons and Necessity of his Journey to Virginia, and the same being undertaken with their Ap- probation, He needed only tell them, that He had several Conferen- ces with Colonel Spotswood, Governour of that province, concerning Indn. affairs, and had found him very ready and desirous to contri- bute all that He is able towards Settling a firm Peace and Friendship between our Indians and those under the Protection of that Govern- ment, and all the other Indians to the Southward in Alliance or Amity with them. That the Substance of his Negotiation with that Go- vernour being contained in a Memorial v/hich he had presented to him in Virginia, and in the said Governours Answer thereto. He had caused both to be published for the Satisfaction of the People of this provice ; Yet nevertheless. He thinks it proper that the same be read in the presence of the Council, and remain upon the Minutes of tliis Board. Wliich said Memorial & Answer thereto were read accordingly, and are as follows. To His Excellency Colonel Spotswood, Governour of Virginia, &c. The Memorial of Wm. Keith, Governour of Pensilvania. Sin, Having duly considered your Letter of the 6th of last March in 112 MINUTES OF THE Answer to my Express, wherein you are pleased lo say, That the Tributary Indians of Virginia have given feolemn assurances unto your Govtnt., that they will not for the future pass Patowmeck River nor the high Ridge of Mountains extending alorg the Back of Virgi- nia ; Provided, that the Indians to the Northward of Patowmeck and to the Westward of those Mountains will observe the same Li- mits, and that thi'j is the Proposition signified to the Pennsylvania Indians seated upon Sasquehannah River, by the two Belts then sent from the aforesaid Virginia Tributaries, which I received. Hereupon I take leave to inform you Sir, that the same Ridge which you call the Virginia or Appaliichy mountains, extends itself Northward through tlio Province of Pennsylvania into the Govern- ment of New York, and that all our Indians upon the River Sasque- liannah are settled to the Eastward of these mountains ; Wherefore, the Condition you propose seems to be more applicable to the New York Indians, known by the name of the five Nations who live to the Westward of tiiat Ridge, th";n it can be to ours who are seated amongst our own Settlements to the Eastward of it, and who seldom or never pass the River Patowmeck, unless it be when they go a hunting for Fishers towards the branches of the Wabash and Ohio, which they commonly do in the Fall of the year, and do not return before the month of May following. I would further represent to you Sir, that the Belts which I sent to you last August from our Sasquelianna Indians, did net only mean to secure a perfect P( ace and good understanding between them and the Virginia Tributaries, but also between them and all or any other Indian Nations to the Southward, who are in Amity with the Virgi- nia Tributaries and hold a friendly coiTespondence with your Go- vernment. So that as often as you have any opertunity either of renewing former Treaties, or of making new ones with the Cattaw- bras. Cherry koes or any other Southern Nation, if you will please particularly to mention and include the Pensylvania Indians upon Sasquehannah seated to the Eastward of the above Ridge of Moun- tains, the Province of Pensylvania will not only most gratefully ac- knowledge the favor of your Countenance & Protection, but also will readily concur to bear a reasonable proportion of the Charge which you may be at in accomplishing ^uch Treaties. You very well know Sir, That Pensilvania which is three degrees in breadth and extends five degrees West of the River Deleware, must border upon his Matys Dominion of Virginia to the Westward of MaryLand, and upon New York to the Northward of New Jersey. So that it is no less the interest of so small a Colony as Pensilvania, than it is unquestionably their duty to Cultivate a perfect friendship and constant agreement with two such powerful and rich neighbours, whose protection we arc encouraged to hope for, not only as we are all dutiful and loyal subjects to the same most gracious Sovreign, but also as having the same end in view to maintain and promote as much as in us lies, the British Interest and his Majestys Dominion on this large Continent. PROVINCIAL COUNCIL. 113 These Sentiments Sir, Joyn'd to a most perfect Regard and Es- teem for your pson and character, have brought me at this time to wait upon you iiere, and if I may be so liappy to have my honest In- tentions for his Majestys Service, well received and approved by your Excellency and the Honorable Gentlemen of his Majestys Council of this ancient Colony and Dominion. I shall return toPensilvania with inexpressible Satisfaction to my- self, as well as a general contentment to the good People of that Province. W. KEITH. Williamsburg, April 22nd, 1721. To his Excellency Sir William Keith, Baronet, Governour of the Province of Pensilvania. The Answer of the Governour of Virginia to the Memorial in be- half of the Indians under the Goverment of Pensilvania. Sip, After reading this day in Council the representation which I had the Honr. to receive Yesterday from your Hands, I take occasion to assure you that it contains nothing but what is entirely agreeable to this Government, and am glad to observe that a person of your penetration makes no other objection to the proposition sent hence, than the Mistake which 1 seen by the general words of my Letter to lay under as to the situation of your Sasquehanna Indians, how- ever, whether they be settled on the East or the West side of the Mountains, still I think the Bounds proposed may serve as proper Limits, even between your and our Indians, for if neither of them cross Patovvmeck River they cannot in their several courses come at one another, without passing the high Ridge of Mountains v/hich is to be th'eir Boundary where that River ceases, and in this sense onlj you will be pleased to understand what I had the Honor to propose in my letter of the 6th of last month. As during my ad- ministration here, this Government has in all its Negotiations vyith the Indians regarded equally v^ith its own the safety of its neigh- bours ; So you v/ill do us the Justice to be assnred, that whenever a favorable opnertunity shall offer for future Treaties with the Cat- tavvbras, Chirokees and other Southern Indians, this Governmt. will in a mora particular manner regard the interests of your province and the Security of the Indians settled under its Protection. The Governour of Virginia will ahvays retain the like Sentiments with you, that the subjects of the same Sovreign however divided into distinct Governments ought still to be united in Affection to each other, and will therefore never be wanting in any offices of Friend- ship and Benevolence t®wards the Province of Pensilvania, being intirely satisfied that the same Principles of Duty and Loyalty to our Sovereign, and the same views to promote and extend the British In- terest & Dominion on this Continent will more and more increase 114 MlNUTflS OF THE the Bonds of mutual Friendship between these two Colonies, and that when the wish'd for time shall come that the settlements of both shall extend so far Westward as to border on each other, the Incli- nations of b;nh Governments will still be proportionetl to their power to assist one another. It remains Sir, that I assure you on my part of the Pleasure I have in the occasion which has brought you hither at this time, whereby an oppertunity is given me to renew to you the professions of a true Respect and Friendship, to testify my Readiness to concur with you in promoting his Majestys Service, and to give you proofs ofiny sin- cere Inclinations to contribute whatever is in my power to the service of the province under your Government. A. SPOTSWOOD. Williamsburg, April 25lh, 1721. Samuel Robins accott. of Expenses in his Journey to Virginia, in February last, for the service of this Government, being £ — , with — days Wages for himself and Horse, at 5s. per Day by agreement, making in all , is now laid before the Board ; Whereupon, it is ordered that the Treasuer do forthwith pay to the Secretary five pounds advanced by him to the said Robbins at his setting out for Virginia, and to the said Robins so much more of his said accott. as the Secretary shall think reasonable to be allowed him. The Governour acquainted the Board that He had yesterday re- ceived an Express from Conestogoe Indians, intimating that they were certainly informed of some Deputy's from the five Nations be- ing on their Journey to Conestogoe, in order to treat with this Go- vernment. Whereupon it is the opinion of the Board, that the Resolution to be taken upon this Message be deferred till the Governour is informed of the Arrival of the said Indians of the five Nations at Conestogoe. In the meantime, the Secretary is desired to prepare a proper Mes- sage to be sent to the Conestogoe Indian'j, to acquaint them of the , but now that they had seen the Go- vernours Face, they were well satisfied with their Journey whether any thing else was done or not. The Governour told them, That to morrow morning he designed to speak a {qw words to his Brothers & Children, the Indians of Co- nestogoe and their friends upon Sasquehanna, and desired that the Deputies of the five nations might be present in Council to hear what is said to them. At a Council held at Conestogoe, July the 6th, 1721. PRESENT : The Honorable Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Colonel John ffrench, Caleb Pusey, James Logan, Secretary. Jonathan Dickinson, The Governour Spoke to the Conestogoe Indians, as follows : 118 MINUTES OF THE My Brothers & Children, So soon as you sent me Word That your near Friends and Rela- tions the Chiefs of the ffive Nations, were come to visit you, I made haste and am come up to see both you and them, and to assure all the Indians of the Continuance of my Love to them. Your old Acquaintance and true Friend, the Great William Penn, was a wise man, and therefore he did not approve of Wars among the Indians whom he loved, because it wasted and destroyed their People, but always recommended Peace to the Indians as the surest way to make them rich and strong by increasing their Numbers. Some of you can very well remember since William Penn and his Friends came first to settle amongst you in this Country, It is but a few years and like as yesterdaj' to an old man. Nevertheless by following that Great Man's peaceable Councils this Government is now become wealthy and powerful in great Numbers of People, And tho' many of our Inhabitants are not accustomed to war and dislike the Practice of mens Killing one another, yet you cannot but know I am able to bring several thousands into the Field well armed, to defend both your People and ours from being hurt by any Enemy that durst attempt to invade us ; However, We do not forget what William Penn often told us, That the Experience of old age, which IS true Wisdom, advises Peace, and I say to you, that the wisest man is also the bravest man, for he safely depends on his Wisdom, and there is no true Courage without it. I have so great a Love for you, my dear Brothers, who live under the Protection of this Government that I cannot suffer you to be hurt no more than I would my own children; I am but just now returned from Virginia, where I wearied myself in a long Journey both by Land and Water, only to make Peace for you my children, that you may safely hunt in the Woods without Danger from Virginia and the many Indian nations that are at Peace with that Government. But the Governor of Virginia ex- pects that you will not hunt within the Great Mount&ins on the other side of Patowmeck River, being it is a small Tract of Land which he keeps for the Virginia Indians to hunt in. And He promises that his Indians shall not any more come on this side Patowmeck, or be- hind the Great Mountains this way to disturb your hunting ; And this is the Condition I have made for you, which I expect you will tirmly keep, and not break it on any Consideration whatsoever. I desire that what I have now said to you may be interpreted to the Chiefs of the five Nations present. For as you are a part of them, There are in like manner one with us as you yourselves are, and therefore our Councils must agree and be made known to one an- other. For our Hearts should be open that we may perfectly see into one another's Breasts. And that your Friends may Speak tome freely, tell them I am willing to forget the mistakes which some of their young men were guilty of amongst our people; I hope They PROVINCIAL COUNCIL. 119 will grow wiser with age, any hearken to the grave counsels of their old men whose Valour we esteem because they are wise; But the Rashness of their young men is allogctiicr Follv. At a Council held at Conestogoe, July the 7th, 1721. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Colonel John ffrench, Caleb Pusey, James Logan, Secretary, Jonathan Dickinson, with divers Gentleman. PRESENT ALSO : The Chiefs or Deputies sent by the ffive Nations to treat with this Governmt., viz : Sinnekaes Nation : Onondagoes Nation : Cayoogoes Nation; Ghesaont, Tannawree, Sahoode, Awennool, Skeetowas, Tchehuhque. Smith, the Ganawese Indian Interpreter from the Mingoe Lan- guage to the Delaware ; John Cartlidge and James Le Tort, Inter- preters from the Delaware into English. Ghesaont, in the Name and on the behalf of all the ffive Nations, delivered himself in speaking to the Governour, as follows : They were glad to see the Governour and his Council at this place, for they had heard much of the Governour in their Towns before they came from home, and now they find him to be what they had then heard ot him. Viz : their Friend and Brother, and the same as if William Penn were still amongst them. They assure, the Governour and Council that they had not forget William Penns Treaties with them, and that his advice to them was still fresh in their memories. Though they cannot write, yet they retain every thing said in their Councils with all the Nations they treat with, and preserve it as carefully in their memories as if it was committed in our method io Writing. They complain that our Traders carrying Goods and Liquors up Sasquehanna River some times meet with their young People going out to war, and treat them unkindly, not only refusing to give them a Dram of their Liquor, but use them with ill Language and call them Dogs, &:c. They. take this unkindly, because Dogs have no sense or under- standing ; Whereas they are men, and think that their Brothers should not compare them to such Creatures. That some of our Traders calling their young men by those Names, the young men answered, if they were Dogs then they might 120 MINUTES OF THE act as a such ; Whereupon, they seized a Kegg of their Liquor and run away with it. N. B. This seems to be told in their artful way to excuse some small Robcries that had been committed by their young people. Then laying down a Belt of Wampum upon the Table, He pro- ceeded and said, That all their Disorders arose from the use of Rum and Strong Spirits which took away their sense and memory ; That they had no such Liquors amongst themselves, but were hurt with what we fur- nished to them and therefore desired that no more of that sort might be sent amongst them. He presented a Bundle of dresl Skins and said, That the five nations faithfully remember all their ancient Trea- ties, and now desire that the Chain of Friendship between them and us may be made so strong as that none of the Links can never be broken. Presents another Bundle of raw Skins and observes. That a Chain may contract Rust with lying and become weaker; Wherefore, he desires it may now be so well clean'd as to remam bricfhter and sfi'onger than ever it was before. Presents another parcel of Skins and says. That as in the Firmament all Clouds and Darkness are removed from the Face of the Sun, so they desire that all Misunderstandings may be fully done away ; So that when they who are now here shall be dead and gone, their whole People with their Children & Posterity may enjoy the clear Sun Shine of Friendship with us for ever, with- out any thing to interpose and obscure it. Presents another Bundle of Skins and says, That looking upon the Governour as if William Penn was pre- sent they desire, That in case any disorders should hereafter happen between their young people and ours. We would not be too hasty in resenting any such Accident, untill their Council and ours can have some oppertunily to treat amicably upon it, and so to adjust all matters as that the Friends,hip between us may still be inviolably preserved. Presents a small parcel of drest Skins and desires, That We may now be together as one people, treating one an- others Children kindly and affectionately on all occasions. He proceeds and says. That they consider themselves in this Treaty as the full Plenipo- tentiaries and Representatives of the ffive rations, and they look upon the Governour as the Great King of England's Representative, and therefore they expect that every thing now stipulated will be made absolutely firm and good on both sides. Presents a Bundle of Bear Skins and says. That having now made a firm League with us as becomes our Brothers, they complain that they get too little for their Skins & PROVINCIAL COUNCIL. 121 iTurrs so as tliey cannot live by their hunting, They desire us there- fore to take compassion on them and contrive some may to help them in Ihat particular. Presenting a i^ew fFurrs, he Speaks only as from himself to ac- quaint the Govr., That the five Nations having heard that the Go- vernour of Virginia wanted to speak wt. them. He himself with some of his Company intend to proceed to Virginia, but do not know the way how to get safe thither. At a Council held at the House of John Cartlidge, Esqr. near Co- nestogo, July 8th, 1721. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Col. John French, Jonathan Dickinson, James Logan, Secretary. The Governour desired that the Board would advise him as to the Quantity and kind of the presents that must be made to the Indians in Return to theirs, and in Confirmation of his speech to them ; Where- upon it was agreed. That twenty five strowd Match Coats of two yards each, One hundred wt. of Gun powder, two hundred of Lead, with some Bisket, Tobacco and Pipes, should be delivered as the Go- verno.ir's Present to the five Nations ; And the same being prepared accordingly, the Council was adjourned to Conestogoe, the Place of Treaty. At a Council held at Conestogoe, July the 8th, 1721. Post Me- ridiem. PRESENT : The Honourable Sir WILLIAM KEITPI, Bart., Governour. And the same members as before, with divers Gentlemen attending, the Govr. And the Chiefs of the Five Nations being all seated in Council, and the Presents laid down before the Indians. The Governour spoke to them by the Interpreters in these Words. My Friends & Brothers : It is a great satisfaction to me that I have this opportunity of speaking to the Valiant and wise five Nations of Indians, whom you tell me you are fully empowered to represent. I treat with you therefore as if all these Nations were here present, And you are to un- derstand what I now say to be agreeable to the mind of our Great Monarch George the King of England, who bends his care to esta- blish Peace amongst all the mighty nations of Europe, and unto whom all the people in these parts are as it were but like one Drop out of a 11 122 MINUTES OF THE Bucket, So that what is now transacted between us must Ic laid up as the words of the whole Body of your People and our People, to be kept in perpetual Remembrance. I am also glad to lind that you remember what Willium Penn formerly said to you ; He was a great and a good man, his own People loved him ; He loved the Indians, and they also loved him, He was as their Father, He would never sufTer them to be wronged, Neither would he let his people enter upon any Lands untill he had first purchased them of the Indians ; He was just, and theiefore the Indians loved him. Though he is now removed from us, yet his children and people following his Example will always take the same measures. So that his and our posterity will be as a long chain of which He was the first Link, and when one link ends another succeeds, and then an- other, being all firmly bound together in one strong chain to endure for ever. He formerly knit the Chain of Friendship with yon as the Chief of all the Indians in these parts, and lest this chain should grow rusty you now desire it may be scowred and made strong, to bind us as one People together; We do assure you it is and has always been bright on our side, and so we m ill ever kept it. As to your complaint of our Traders, that they have treated some of your young men unkindly, I take that to be said only by way of Excuse f*r the Follies of your People, thereby endeavouring to per- swade me that they were provoked to do what you very well know they did, But as I told our own Indians two days ago, I am willing to pass by all these things. You may therefore be assured that our People shall not ofTer any Injury to yours ; or if I know that they do, they shall be severely punished for it, So you must in like man- ner strictly command your young men that they do not offer any Injury to ours ; For when they pass through the utmost skirts of our Inhabitants, where there are no People j^et settled but a few Tra- ders, they should be more earful of them as having seperated them- selves from the Bodv of their Friends, purely to serve the Indians more commodiously with what they want. Nevertheless if any little disorders should at any time hereafier arise. We will endeavour that it shall not break or weaken the Chain of Friendship between us ; To which End if any of your People take offence, you must in that case apply to me or to our Chiefs; And when We have any cause to complain. We shall as you desire apply to your Chiefs by our friends the Conestogoe Indians, but on both sides we must labor to prevent every thing of this kind as much as we can. You complain that our Traders come into the path of your young men going out to War, and thereby occasion Disorders amongst them, I will therefore, my Frds. and Brothers, speak very plainly to you on this Head. Your young men came down Sasquehanna River and take their PROVINCIAL COUNCIL. 123 Road through our Indian towns and Settlcnaents, and make a path between us and the People against whom they go out to War ; Now you must know, that the Path this way leads them only to the In- dians who are in alliance with the English, and first to those who are in a strict League of Friendship with the great Governour of Virgi- nia, Just as these our Friends and Children who are settled amongst us are in League with me and our People. You cannot therefore make War upon the Indians in League with Virginia without weakening the Chain with the English ; For as W would not suffer these our Friends and Brothers of Conestoo-oe .and upon this River, to be hurt by any persons without considering it was done to our selves; So the Governour of Virginia looks upon the In- juries done to his Indian Brothers and fifriends as if they were done to himself; And you very well know that though you are five different Nations yet you are but one People, so as that any wrong done to one Nation is received as an Injury done to you all. In the same manner and much more so it is with the English, who are all united under one great King, who has more People in that one Town where he lives, than all the Indians in North America, put together. Your are in a League with New York as your ancient Friends and nearest Neighbours, and you are in a League with us by Treaties often repeated, and by a Chain which you have now brightened. As therefore all the English are but one People you are actually in League with all the English Governments, and must equally pre- serve the Peace with all as with one Government. You pleased me very much when you told me that you were going to treat with the Govr. of Virginia. Your Nations formerly entered into a very firm League with ihat Govmt., and if you have suffered that Chain to grow rusty it is time to scour it, And the ffive Nations have done very wisely to send you there for that purpose. I do assui'e you, the Governour of Virginia is a great and good Man; He loves the Indians as his Children and so protects and de- fends them, for he is very strong, having many thousand Christian Warriours under his Command, whereby he is able to assist all those who are in any League of Friendship with him. Hasten there- fore, my Friends, to brighten and strengthen the Chain with that great Man, for he desires it and will receive you kindly. He is my great and good Friend, I have been lately with him, And since you say you are Strangers, I will give you a Letter to him to inform him of what we have done, and of the good Design of yjur Visit to him and to his Country. My Fi lends and Brothers: I told you two Days agoe that We must open our Breasts to each other, I shall therefore, like your true Friend, open mine yet further to you for your Good. You see that the English, from a very small People at first in these parts, are by Peace amongst themselves become a very great 124 MINUTES OF THE People amongst you, far exceeding the Number of all the Indians that wc know of. But Avhile We are at Peace the Indians continue to make War upon one another, and destroy each other, as if they intended that none of tlieir People should be left alive, by which means you are from a great People become a very small People, and yet you will go on to destroy your selves; The Indians of the South, tho' they speak a different Language, yet they are the same People and inhabit the same Land with those of the North, We therefore cannot but wonder how you that are a wise People should take Delight in putting an End to you-r Race, The English being your true Friends labour to prevent this. We would have you strong as a part of our selves, For as our Strength is your Strength so we would have yours to be as our own. I have pcrswaded all my Brethren in these parts to consider what is for their Good, and not to go out any more to War, but your young men as they come this way endeavour to force them, and be- cause they incline to follow the Counsels of Peace and the Advice of their true Friends, your People use them ill and often prevail with them to go out to their own destruction. Thus it was that this Town of Conestogoe lost their good Kinsr not Ions asjoe, and thus many have been lost. Their young children are left without Parents, their Wives without Husbands, the old men contrary to the Course of Nature mourn the Death of their young, the People Decay and grow weak, We loose our dear friends and are afflicted, and this is chiefly owing to your young men. Surely you cannot propose to get either Riches or Possessions by going thus out to War; For when you kill a Deer you have the Flesh to eat and the skin to sell, but when you return from War you bring nothing home but the Scalps of a dead man who perhaps was Husband to a kind wife, And Father to tender children who never wronged you, tho' by loosing him you have robbed them of his Help and Protection, and at the same time got nothing by it. If I were not your true Friend I would not take the Trouble of saying all these things to you, which I desire may be fully related to all your People when you return home, that they may consider in time what is for their own Good ; And after this if any vvill be so ' inadly deaf and Ijlind as neither to hear nor see the Danger before them, but will still go out to destroy and be destroyed for nothing, I must desire that such foolish young men will take another path and not pass this way amongst our People, whose Eyes I have opened, and they have wisely hearkened to my Advice. So that I must tell vou plainly, as I am their best Friend, and this Government is their Protector and as a Father to them. We will not suffer them any more to go out as they have done to their Destruction. I say again. We will not suffer it for we have the Counsel of Wisdom amongst us and know what is for their Good, For tho' they are weak yet they PROVINCIAL COUNCIL. 125 are our Bretheren, We will therefore take care of them that they be not misled with ill Council ; you mourn when you lose a Brother, we mourn when any of them are lost, to prevent which They shall not be sufFi^red to go out as they have done to be destroyed by war. My Good Friends & Brothers : I give you the same Counsel and earnestly desire that you will fuUow it, since it will make you a happy people. I give you this advice because lam your true Friend, but I much fear ycu hearken to others v/ho never were nor never will be your Friends. You knov/ very well that the French have been your Enemies from the Begining, and thu' they Peace with you about two and twenty years agoe, yet by subtle Practices they still endeavour to ensnare you. They use Arts and Tricks and tell you Lies to deceive you, and if you v/ould make use of your own Eyes and not be deluded by their Jesuits and Interpreters ; you would see this yourselves, For you know They have had no Goods of any Value these several yea;s past, except what h:is been. sent to them tiom the English of New York, and that is now all over. They give fair Speeches instead of real services, and as for many years they attempted to destroy you in War, so they now endeavour to do it in Peace ; For when they pcrswade you t;i go out to war against others, it is only that you may be destroyed yourselves, which we as your true Friends labour to prevent, because we would have your Numbers increased that you may grow strong, and that we may be all strengthened in ffriendship and Peace together. As to what you have said of Trade, I suppose the great Distance at which you live from us has prevented all commerce between us and your People ; We believe. Those who go into the Woods and spend all their time upon it endeavour to make the best Bargains they can for themselves; So on your part you must take Care to make the best Bargain you can with them, but we hope our Traders do nof exact, (Toe We thin!: that a Stroud Coat or a pound of powder is now sold for no more Buck Skins than formerly ; Bea^'cr indeed is not of late so much used in Europe, and therefore does not give so good a price, and We deal but very little in that Commodity. But Deer Skins sell very well amongst us, and I shall always take v'.are that the Indians be not v.ronged, but except other measures be taken to regulate the Indian Trade every where, the common me- thods used in Trade will still be followed, and every man must take care of himself, for thus I must do myself, when I buy any thing from our own People, if I do not give them their price they will keep it for we are a free People. But if you have any further Proposals to make about these affairs I am willing to hear and consider them, for 'tis my Desire that the Trade be well regulated to your Content. I am sensible Rum is very hurtful to the Indians ; we have made Laws that none should be carried amongst them, or if any were, that it should staved and thrown upon the Ground, and the'lndians have been ordered to destroy all the Rum that comes in their way, VOL. III. 126 MINUTES OF THE But they will not do it, ihey will have Rum, and when we refuse h they will travel to the neighbouring provinces and fetch it; Their own Women go to purchase it, and then sell it amongst their own People at excessive rates. I would gladly make any Laws to prevent this that could be effectual, but the Country is so wide, the woods are so dark and private, and so far out of my sight, that if the Indians themselves do not prohibit their own People there is no other way to prevent it ; For my part, I shall readily Joyn in any measures that can be proposed lor so good a purpose. I have now,, my Friends &. Brothers, said all that I think can be of any service at this time, and 1 give you these things here laid before you to confirm my words, viz : live Stroud Coats, twenty pound of powder, and forty pound of Lead for each of the five Na- tions ; that is, twenty five Coats, One Hundred Weight of Powder and two Hundred of Lead in the whole, which I desire may be de- livered to them, with these my words in may JName and on behalf of this province. I shall be glad frequently to see some of your chief men sent in the name of all the rest, but desire you will be so kind as to come to us to Philadelphia to Visit our Families and Children born there, ■where we can provide belter for you and make you more welcome, for People always receive their Friends best at their own Houses. I heartily wish you well on your Journey and good success in it. And when you return home I desire you will give my very kind love and the Love of all our People to your Kings and to all their People. Then the Governour rose up from his Chair, and when he had called Ghesont the Speaker to him. He took a Coronation Medal of the Kings out of his pocket, and presented it to the Indian in these words. That cur children when we are dead may not forget these things, but keep this Treaty between us in perpetual Remembrance. I here deliver to }ou a Picture in Gold, bearing the Image of my great Master the King of all the English; And when you return home I Charge you to deliver this piece into the hands of the first man or greatest Chief of all the five Nations, whom you call Kannygoodk, to be laid up and kept as a Token to our childrens childi en, that an entire and lasting Friendship is now established for ever between the English in this Country and the great five Nations. At a Council held at Philadelphia, July the £Oth, 1721. PUKSENT : The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Thomas Masters, Isaac Norris, Andiew Hamilton, Att. Genl. Saml. Preston. James Logan, Secretary. Jonathan Dickinson, The minutes of Council and Treaty lately held with Deputies of PROVINCIAL Col'NCIL. 127 the ffive Nations at Conestogoe being read, for the Service and Sa- tisfaction of those who would not undertake that Journey, the Secre- tary reported what he had fuithcr transacted with them there, after the Governour left that place, as follows : James Logan, Secretary, further reports, that having continued at Conestogoe after the Departure of the Governour and the rest of the <'ompany, He had the next day, by the Governours approbation and Direction held a Discourse with Ghesaont, the Chief of those Indians and their Speaker Civility, the Captain of Conestogoe, and John Cartlidge, being Interpreters. That He first put Ghesaont in mind of the great Satisfaction the Governour had expressed to him in the Council upon their kind visit, and the fFrcedom and openness that had been used to them on our parts, and therefore advised him if he had any thing in his thou"hts further relating to the Friendship established between us and the matters treated in Council, he would open his Breast in this free Conversation, and Speak it without Reserve, and whatever he said on those heads should be reported faithfully to the Governour. Ghesaont then said, that he was very well pleased with what had been spoken. He saw the Governour and the English were true Friends to the ffive Nations, but as to their People going out to War, which Head we chiefly insisted on, the principal Reason was that their young men were become very poor. They could get no goods nor Clothing from the English, and therefore they went abroad to gain thera from their Enemies. That they had once a clear Sky and Sun Shine at Albany, but now all was over-cast, they could no longer Trade and get Goods as they had done, of which he could not know the Reason, and there- fore they had resolved to try whether it was the same among the other English Governments. To this the Secretary answered, That they had from the first Set- tlement of New York and Albany been in a strict League and Friendship with that Government, and had always had a Trade with and been supplied by them with the Goods they wanted. That it was true, for three or four years past the ffrench had come from Canada to Albany in New York, and purchased and carried away great part of the Goods, Strowd waters especially. Sometimes three or four hundred peices in a year, which the ffive Nations ought to have had ; but that now, another Governour being lately sent thither from the Great King of England, He had made a Law that the ffrench should not have any more Goods from the English ; That this had been the Reason of the Clouds and dark Weather they co;nplained of, but that now a clear Sunshine as they desired would be restored to them ; That he very well knew this Gentleman the new Gover- nour, that He had not long since been at Philadelphia, and at his (the Secretary's) House, and that he had heard him (the Corlear) say, He would take Care his Indians should be well supplied for the future, and accordingly they might depend on it. 128 MINUTES OF THE Ghesaont being hereupon asked whether They did not know that the ffrench had for some years past had the Cloths from the Eng- lish, answered, that they knew very well that these English Goods went now in a new path, different from that they had formerly gone in, that they knew nut where they went, but they went beside theni and they could not get hold of them, tho' they much wanted them. The Secretary proceeded to say, that as New York and Albany had been their Ancienlest Friends, so they could best supply them, and they would certainly du it if they continued in their Duty on their part ; That they were sensible the Great King of England had a Regard for them, by the notice that He took of them almost every year; That all the English every where were their Friends. We were now very glad to see them, but wished for the future they would come to Philadelphia, as they formerly used to do ; that He himself had seen their Chiefs twice at Philadelphia, the two years that Wil- liam Penn was last here, and that when his son came over about three years after, now about seventeen years agoe, a considerable Number of them came down and held a great Council with us, and therefore he hoped they would visit us there again, which would be much more convenient than so far back in the Woods where it was difficult to accommodate them and our selves, that however we were glad to see them there. This they knew was a Government but lately settled, but that they were now going into two Governments that had been much longer seated and were very rich, and would make them exceeding Welcome ; that We saw them in the Woods only, at a great Distance from home, but they would see the Gover- nours of Maryland and Virginia at their own Towns and Houses where they could entertain them much better ; that they would be very kindly leceived, for we were all of one Heart & mind, and should always entertain them as our Brothers. Ghesa>' nt took an opportunity of himself to enter again on the sub- ject of their People making Peace with the other Indians on the Main. He said that he had in his own person laboured it to the utmost; That He had taken more pains to have it established than all the English had done ; That their people had lately made Peace with the Tweuchtwese ; That they had also sent some of their men to the fflat heads for the same purpose; That they had now an uni- versal Peace with all the Indians, excepting three small Nations to the Southward, with whom he hoped to have one concluded upon his present Journey by m.eans of the Governour of Virginia; That his own Desires were very strong for Peace as his Endeavours had shewn, and that he doubted not to see it established every where. He said the Governour had spoke very well in the Council against their young men going to War, yet he had not done it fully enough, for He should have told them positively that they should not on any account be suffered to go cut to War, and he v/ould have reported it accordingly, and this would have been a more effectual way to pre- vent them. PROVINCIAL COUNCIL. 129 The Secretary then proceeded to treat with them about the Road they were to take, and it was agreed that the Chief of the Nanti- kokes, a sensible man, who was then present, should conduct them from Conestogoeto their Town on Wye River, that they should be furnished with Provisions for their Journey sufficient ta carry them among the Inhabitants, after which they were directed, as the Go- vernour had before ordered, that they should produce his Passport to the Gentlemen of the Country where they travelled, by whom they would be provided for ; And the Nantikokc Chief was further desi- red, upon their leaving the Nantikoke Towns, to direct them to some of the Chief Gentlemen and Officers of those parts who would un- doubtedly take Care of them on Sight of their Passports, and thereby knowing their Business have them transported over the Bay to An- napolis. Being further asked how they would get an Interpreter in Vircfinia where the Indians knew nothing of their Language, and some Proposals being made to furnish them, they answered, there Avould be no occasion for any Care of that kind, for they very well knew^ the Governour of Virginia had an Interpreter for their Lan- guage always with him. Provisions being then ordered for their Journey, as also at their Desire, some for those of their Company, who with their women and children were to return directly home by water up the River Sasque- hannah, viz : a Bagg of Bisket, some pieces of Bacon and dried Ve- nison ; these matters were concluded with great Expressions of Thankfulness for the Governours great Care of them and their Fa- milies, which Kindness they said they never should forget. The Discourse being continued, they were told it was now very near, viz : within one Moon of thirty seven years since a great man of England Governour of Virginia, called the Lord Effingham, toge- ther with Colonel Dongan, Govr. of New York, held a great Treaty with them at Albany, of which We had the writings to this day. Ghesaont answered, they knew it well and the subject of that Treaty, it was he said about settling of Lands. Being further told, that in that Treaty the five Nations had given up all their Right to all the lands on Sasquehannah to the Duke of York, then Brother to the King of England. He acknowledged this to be so, and that Wm. Penn since had the Right to these Lands, To which Civility, a Descendant of the ancient Sasquehannah Indians the old Settlers of these parts, but now reputed as of an Iroquois Descsnt, added that he had been informed by their Old men, that they were troubled when they heard that then- Lands had been given up to a place so far distant as New York, and that they were overjoyed when they un- derstood William Penn had brought them back again, and that they had confirmed all their Right to him. Divers Questions were further asked him, especially concerning the French of Canada, their Trade and Fortifications, on which He^ said, that the fTrench had three fforts on this side the River of 130 MINUTES OF THE St. Lawrence, and between their Towns and Mentual furnished with great Numbers of Great Guns, that the ffrench drove a great Trade with them, had People Contanlly in, or going to and coming from their Towns, that the ffrench kept young People in their Towns on purpose to learn the Indian Language, which many of lliem now spoke as well as themselves ; that they had a great Intercourse with them, that about three hundred of their men, (viz. of the ffive Na- tions) were seated on the other side of the Great River, that the ffrench had this last spring begun to build or to provide for building a Fort at Niagara Falls, but they had since declined it ; he knew not for what Reason, and they (the ffrench^ had sent to his Town (the Isanandonas) this last winter a great deal of powder to be dis- tributed among them, but nothing was done upon it. Being parti- cularly asked whether the French had ever treated with them about any of their Land, or whether the Indians had ever granted the ffrench any. He answered No ! that his People knew the firench too well to treat with them about Lands ; They had never done it, nor ever granted them any upon any account whatsoever, and of this, he said, we might assure ourselves. Thus the Day was spent in such Discourses, with a Pipe and some small mixt Liquors, and the next morning Ghesaont, with the rest of his Company, returning from the Indian Town to John Cartlidge's, took their Leaves very affectionately with great Expressions of Thankfulness to the Gover- nour and this Government for their kind Reception. Then were laid before the Board several Accotts. of Expences of the Governour and Council's Journey to Conestogoe this month, and of the Treaty with the Indians there, but there being some Bills not yet given in, the Clerk is ordered to call for them, and the Secretary is desired to direct him in the making up and fairly stating the whole Accott. of the charge of that Treaty ; and likewise, that credit be given for the Presents received from the Indians, that so the said Accott. may be ready to be considered at the next meeting of th© Council. At a Council held At Philadelphia, August the 17th, 1721. PRESENT : Tiie Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, William Trent, Thomas Masters, Isaac Norris, James Logan, Secretary. Upon a due Consideration of the Letter from the Honourable Wil- liam Burnet, Esqr., Govr. of the Provinces of New York and New Jersey, directed to our Governour Sir Wm. Keith, bearing Date the 17th of July last, and recommended to this Board, which he is plea- sed still to insist on his former Demand of three hundred and fifty PROVINCIAL COUNCIL. 131 Pounds from this province, towards building of fTortifications for the Security of the Frontier of New York. It is the opinion of this Board, that their Answer already given to the said Demand grounded on the first of ihose Instructions from his Majesty, which the said Governour was pleased to transmit was full and plain. But since that worthy Gentlemen is pleased to insist on a further Answer, And it being highly conducive to his Majestys In- terest in these Colonies, that a perfect Harmony and good under- standing be kept up between all his Governments, and that his Subjects should be united in affection as well as Interest, to which End all things tending to Altercations or Contest ought most care- fully to be avoided ; the Board therefore, with all due Respect and Deference, take Leave to observe by way of further Answer to the Demand aforesaid. That the first of these Instructions which have been communica- ted to them, viz : that numbred 91, begins with and contains nothing but pure Recitals to these Words at the Close of it, viz : " You are therefore to inform yourself what has been done, and what remains further to be done, and to send an account thereof to us and our Commissioners for Trade & Plantations as aforesaid," which Lines contain the whole directive part of that Instruction, and therefore nothing further ir required by it of the Governour that what is so directed. That the last Recital in that first Instruction, beginning with these words : " And whereas, We thought fit to direct that you signify to our province of Nova Cresarea," is a mistake in the Clerks in continu- ing to apply to the present as well as some former Govrs. what could be said properly, only of one of his predecessors, Governour of New York, before New Jersey was brought under the immediate Gov- ernment of the Crown, will be very plain to all those who are acquainted with the Transactions of those Times in Relation to that Government. And the next Instruction, numbred 92, being only a Direction to the same Governour to recommend what is there mentioned to the Council and Assembly of New York, has therefore no Relation to this or any other Colony. The Board further observes, that in the Body of the Recitals in the first of these Instructions, it is said, " That orders v/ere given " by King William the Hd, by Letters under his royal Sign Manual, " directed to their Governours of divers of the Plantations, to recom- " mend to the Councils and General Assemblies of the said Planta- *• tions, that they respectively furnish a proportionable Summ towards " the fTortifications, -erned in promoting of this Bill, nor what Interest they really have in the original Stock of the sd. Society or Company ; So that tho' a (Considerable time is given to persons living at a Distance for putting in their Claims, yet many of these Titles may be and probably now are in the hands of Orphans or Minors. And should any such per- sons happen to be hereafter deprived of their just Rights, and totally excluded from any further Pretensions by virtue of such an Act as this, the Governour cannot but think it would bring a very great Reproach upon the present Legislature of this province, for which He is perswaded the House will always have an equal Regard with himself. Moreover the Governour observes, that the Narrative of this Bill begins with these words : " Whereas it has been represented to this Assembly," but the Governour thinks it would have been more 1S6 MINUTES OF THE suitable to the Nature of the Business, if it had been rather said. " Whereas it has been made appear to this Assembly, by such an'd such incontestible proofs and Evidence, &c.," and by application of such and such being the majority of those concerned. Lastly, The Governour looking upon himself to be an essential part of the Ge- neral Assembly of this province, and no Application having as yet been made to him of any sort with Relation to the purport and Con- tents of this Bill. He cannot in his Duty and Conscience give his assent to any such Law, before the several Evidences, Facts and Circumstances upon which the Equity and Justice of this Bill must depend, have been fairly made out and laid before him. As to the other Bill for regulating the Tanning and currying of Leather. Considering the Importance of it, and how many Sorts of People are to be affected by it, it appears not to have been sufficiently di- gested to be passed by the Governour into a Law as it now is, and if the Assembly are bent on ending this Session to morrow, 'tis conceived it will not be practicable to give it such amendments as even the Language of it may require, besides that the Governour must crave some longer time to consider the things themselves that are intended to be provided for or against by such an act. But before another Session of Assembly, the Governour designs to examine both these Bills more carefully and fully than can at pre- sent be expected from him. And as soon as he can be satisfied that they are just and reasonable (as he hopes they will be both found) in their Nature and Design. He may recommend them to the next meeting of Assembly that they may then be fully enacted. At a Council held At Philadelphia, October the 4th, 172 L PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Jonathan Dickinson, William Trent, James Logan, Secretary. The Governour laid before the Board the several Returns of Co- roners & Sheriffs elected this present year, for the respective Coun- ties of this Province, and desired the advice of the Members present in his Nomination, Who all agreed that the persons first named in the said Returns be appointed for the offices for which they are elected respectively. Accordingly, the Governour is pleased to order that Commissions be forthwith prepared for the said persons, viz : for Owen Roberts to be SherifTof the City and County of Phi- ladelphia, and Merrick Davis to be Coroner for the same ; for John Taylor to be SherifTof the County of Chester, and Robert Barber Coroner of the said County ,• for John Hall to be Sheriff of the PROVINCIAL COUNCIL. 137 County of Bucks, and Wm. Atkinson Coroner of the same ; tlie Sherilfs first "ivin? Security in the Rolls office as the Law directs. At a Council iield at Philadelphia, October the 16th, 1721. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Thomas Masters, Jonathan Dickinson, James Logan, Secretary, Anthony Palmer, The Representatives of the ffieemen of this province elected on the Second instant, (the first being Sunday) having met in Assembly on the 14th, in pursuance of their Charter and the Law in that Ca^-e provided, were ordered to attend the Governour this morning in Council, and presenting themselves accordingly, Jeremiah Langhorn, Esqr., addressing himself to the Governour in the Name and Behalf of the Assembly, acquainted him, That the House of Representa- tives had been pleased to make Choice of him from among divers others more worthy of that Honour, to be their Speaker, but prayed the Governour would consider his great Incapacity, and that He would please to desire the House of Representatives to make choice of an- other of their Number belter qualified than himself for that office. The Governour answered, That He had always found the House of Representatives the best Judges in the Choice of their Speaker, and that the Gentleman now presented to him by the House for his approbation in that Station, had acquitted himself with such general applause in S') many former Assembly's that He had good Reason to believe him to be a person fitly qualified for that office, and therefore could not but very heartily approve of the Choice which the House had made of him for their Speaker. Then the Speaker addressing himself to the Governour, in the Name of the House, desired, That the Governour would grant the Members of Assembly free access to his presence when sent to him by the House. That He would protect them in all their privileges as an Assem- bly. And that He would be pleased to put the most favourable Con- struction on all their proceeding ; All which being promised by the Governour on his part, He delivered himself in a Speech to the As- sembly, as follows. Mr. Speaker & Gentlemen of the Assembly : I have had such good Success with former Assemblies, and I meet with such hearty Wellcome and kind Entertainment wheresoever 1 VOL. III. 133 MINUTES OF THE happen to go in the Country, that I think I may surely depend on the Love and affections of the People whom you represent, and con- sequently on your Esteem; I cannot therefore, but understand the the Change which I perceive the Country has made this year of their former Representatives, to proceed chiefly from the just opinion they have conceived of my hearty Inclinations to grant them any thing in my power which can contribute to their further Ease &• Happiness, wherein I do assure you They shall not be disappointed. But I hope those will, (if there be any such) who vainly imagine or expect, that this Change was intended to straiten the Governour with unreasonable Demands and a narrow Support. It is obvious to every honest well meaning man, That the Duties and obligations between any People and their Governour are reci- procal, and wholly consist in doing such offices to one another as proceed from a natural Goodness or Humanity ; Which, tho' it com- prehends all the Moral Law, yet is easily to be applied and prac- tised in any Case, by every man that does not oppose and struggle with the Dictates of his own Conscience. This is that Simplicity or Rectitude of mind which is so frequently opposed in Scripture to the Wisdom of this World; And as it is the poor man's greatest Or- nament, So We may observe, it generally attends those who have no other Ambition but quietly to possess and enjoy the Fruit of honest Industry &; Labour. Gentlemen : I cannot doubt but my daily Endeavours to secure to you a quiet and orderly Administration of Justice at Home, as well as to promote the Credit and Reputation of this Colony Abroad, must be very ac- ceptable to the People in general ; And if it be so, I hope you will have some Regard to the extraordinary Charge and Expence of my last years Services, for which I am left to depend entirely on your Justice and Gratitude. Most certainly, the Governour's true Interest and the Honour & Reputation of an Assembly will always be found inseperable; And it is to be hoped that your unanimous Resolution at the Opening of this Session will demonstrate them to be so, because this will render you it once easie amongst your selves and effectually stop the mouths of Gainsayers. I shall conclude with assuring you of my Readiness not only to concur, but to assist you in every thing that can be proposed for the publick Good, And your Flouse may depend on my authority to nipport them in all their just Rights and Privileges. The Speaker receiving a Copy of the Speech the House withdrew, ind the Council broke up. PROVINCIAL COUNCIL. 139 At a Council held At Philadelphia, November the 23d, 17iiL PRESENT : The Honourable Sir WILLI \M KEITH, Bait., Governour. Richard Hill, Jonathan Dickinson, Isaac Norris, Thomas Masters, Samuel Preston, James Logan, Secry. Upon Consideration of a Petition, signed by a considerable Num- ber of Inhabitants of Chester County, in behalf of themselves and others, setting forth, That Whereas by an Order of the Justices of the County Court of Chester, a new Road has been lately directed to be laid out and cleared in the High Way to Conestogoe, which new Road departs from the old one at Perkin's House, and cutting the same again a little above Brandy Wine, runs all along through uninhabited and unsettled Lands quite up to the Palatine Settlements on this side Co- nestogoe ; And whereas. They humbly conceive, That by an Act of Assembly of this province all the Kings Highways or publick Roads are to be laid out by order of the Govr. and Council, And they find- ing themselves likely to be aggrieved not only by the great Charge and Trouble which must attend the clearing and supporting of two Roads, but also by the Discouragement which will thereby be given to sevl. good Settlements upon the old Road, already well provided with all things necessary for the accommodation of Travellers. » The Petrs. humbly desire and hope, that the Governour and his Council will be pleased to give such Direction and Relief in the pre- mises as shall to them seem most meet. Sign'd by Isaac Malin, Thos. Paschall, Wm. Paschall, Thos. Pas- chall, Edwd. Kenison, James Thomas, Wm. Cundall, Wm. Thomas, John Spruce, and about thirty psons more. The Board not being satisfied whether the laying out this Road complain'd of, be legally in the power of the Court of Quarter Ses- sions of the said County, within the meaning of an Act of Assembly of this Province, whereby the Justices in each County are empowered to lay out and confirm piivate and By Roads, but not any of the Kings Highways and public Roads ; And being likewise unwilling wholly to annul or reverse any Orders of the said Court, without a previous Hearing and Examiuation of the Case on both sides. It is Ordered, That the Road now and heretofore used leading from Phi- ladelphia to Conestogoe, through the Townships of Meirion and Radnor, and laid out by the authority of this Government as far as Thomas Moore's Mill, on Brandy Wine River or Creek, be deemed the Kings Highway and public Road, And that all former Orders of the Justices of the said County, for laying out and clearing the said new Road now complained of by the Petitioners be for the present Superseded; And also that they forbear to issue any further Orders for that purpose, untill it be made appear to this Board that the same is HO MINUTES OF THE properly in the power of the Quarter Sessions by virtue of the Act of Assembly aforesaid; And upon timely Notice given, this Board will be ready to hear and judge of the Reasons to be offered by the said Justices in Support of their Right to order the laying out the said Road, and also the objections of the said Petitioners against the same; And it is ordered that a Copy of this Minute be delivered to the said Justices at their next General Quarter Sessions of the Peace, that they may govern themselves accordingly. The Governour acquainted the Board, That as they were all sen- sible He had, with their Advice and Approbation, in pursuance (as He had understood) of the late Proprietor's Inclinations when here, ever since his Administration, observed some kind of an Equality or Proportion in his appointment of the subordinate officers of Govmt., between those who profess themselves Members of the Church of England and the People called Quakers; He had no Reason to doubt but the Board was well satisfied the same method should be observ- ed in the Council. That some Church men, members of this Board, residing for the most part in the Country, and others of the same persvvasion being irequently absent upon their private affairs, insomuch that it still continues difficult to get a Council together upon any occasion with- out a long previous Notice. He had some time agoe made mention to most of the members now present of Henry Brooke, Esqr., Collec- tor of his Majestys Customs at Port Lewis, within this Government,, and of late a useful magistrate in the County of Sussex, as a fit person to supply the place of Jasper Ycates, Esq., a member of this Board, lately deceased ; To which the Governour was more particu- larly induced from this Consideration, that it has been usual, and is still expected by the Inhabitants of the lower Counties, that there should always be at least two members in the Council from those Counties ; Wherefore, He now proposes that with the Consent of this Board, the said Henry Brooke should be admitted a member thereof. All the Members present being sensible of Mr. Brooke's great Knowledge, Ability and Worth, unanimously agree that He be ad- mitted accordingly as soon as the Governour thinks fit. At a Council held At Philadelphia, January the 19th, 1*21. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Jonathan Dickinson, Isaac Norris, James Logan, Secretary. Samuel Preston, Henry Brooke, Esqr., took and subscribed the several Oaths and Qualifications by Law, required to be taken by persons bearing PROVINCIAL COUNCIL, 141 public offices in England, also the Oath of a Counsellour for thi& Government, after which Ho took his place at the Board ; Upon a motion made, that Andrew Bradford, Printer, he Examined before this Board concerning the publishing of a late Pamphlet, entituled " Some Remedies proposed for the restoring the Sunk Credit of the Province of Pennsylvania,*' as also of the Weekly Mercury of the 2d of January instant, the last paragraph whereof seems to have been intended as a Reflection upon the Credit of this province ; it is ordered That He, the said Printer, have Notice to attend this Board at the next meeting of Council. The Board proceeded to consider two Bills sent up from the HousO' of Representatives, viz ; " An act for laying a Duty on Wme, Rum^ Brandy and Spirits, Melassoes, Cyder, Hops and Flax, imported, landed or brought into this Province ; and An act for laying a Duty on Negroes imported into this province, and agreed upon several amendments to the said Bills, which were ordered to be sent down to 2he Assembly. At a Council held At Philadelphia, February the 1st, 1721. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Governour, Richard Hill, Andrew H'amilton, Att. Genl.. Isaac Norris, Henry Brooke, Saml. Preston, James Logan, Secretary. Jonathan Dickinson, A Petion from divers Inhabitants on the South Side and adjacent to the River Schuylkill, in this province, having in the year 1720 been presented to the Assembly, setting forth. That they the said Inhabitants had formerly been and then were i-ated in the County o!' Philadelphia, and yet were at that time called upon to pay their Rates to the County of Chester, no Division Line being run between "the said Counties, and therefore praying that such a Line might be nm, the said Petition was, by an Order of the House of the 4th of May, in the said year, referred to the Consideration of the Governour and Council for the Petitioners Relief, and at a Council held on the 8th day of June following, by order of the Board, the Secretary was directed to inquire of the Situation and Case of the Petitioners, and report his opinion thereupon to the Board. And Warrants from the Commissioners of both the said Counties, together with their respec- tive Taxations of the said Inhabitants in both Counties, to their great Oppression, being now produced to the Board, the Secretary was called upon to make his Report in pursuance of the aforementioned Osder. Accordingly the Secretary reports, That He has not been able to 142 MINUTES OF THE find out any authenlick Act or order by which the said Counties have been divided, but that He finds, At the first Settlement of the ■Country under the Proprietor, the Creek or Run on this side of Dar- by, called Cobs Creek, made the first Division of those Counties in the lower parts towards the River Delaware, as far back from the said River as Haverford township ; That in the printed Maps there is laid down from thence a prick'd Line for the Division of those Counties by the side of Haverford Township, departing from the said Cob's Creek to the Eastward, and again above the sd. Town- ships, taking another Turn further to the Eastward to leave John Holland's and some other Lands on the side of Radnor Township to Chester County ; And that thence the same Line is continued from thence streight to Schuylkill, dividing Lcetitia Penn's Manner almost in the middle and laying part of it to each County ; That He is ap- prehensive This was done arbitrarily by the Surveyor General with- out any authority for the same at the time the Map was made, and that in his Opinion it would have been more regular to carry the Division Line along the side of Radnor and the upper part of that called the Welch Line, laying all those Tracts called Mannors to Philadelphia County, as in all appearance they were at first intended hy the Proprietor ; That He finds most of the Petitioners past over Schuylkill from the Settlements on the Eastern Side of it, which were considerable before there were any of note on the Western Side so high up that River, and accounting themselves to be still in Phi- ladelphia County, as they had been before they passed the River^ they were accordingly taxed in the township formerly called Maha- natawny but now Amity Township, there being no practicable Road nor convenient Communication between those parts and Chester ,: That this is what He can as yet discover relating to that affair, which he humbly submits to the Board, with his Opinion, that this matter ought without Delay to be further Settled. And the case of those Inhabitants, with this Report, being taken, into consideration by the Board, It is their unanimous Opinion, That untill this matter can be more fully and effectually settled, the Com- missioners and Assessors of Chester County should forbear to claim those Inhabitants, who being settled on or near the Western Side of Schuylkill have hitherto been reputed part of Amity Township, and as such have been and are taxed in the County of Philadelphia, and that the said Inhabitants be permitted to pay their Taxes and do all other Duties to the County of Philadelphia as formerly, without any further molestation from the County of Chester, or any officers by authority of the Court or Commissioners of the said County. And the Clerk is ordered to transmit a Copy of this Minute to the Commissioners of the said County, for their Direction in the pre- mises. The Board being informed that Andrew Bradford, the Printer, attended according to order. He was called in and examined con- cerning a late Pamphlet, entituled " Some Remedies proposed for PROVINCIAL COUNCIL. 14S restoring the Sunk Credit of the Province of Pennsylvania j" Where- upon, He declared that He knew nothing of the printing or publishing the said Pamplet ; And being reprimanded by the Governour for publishing a certain paragraph in his News-Paper, called the Ame- rican weekly Mercury of the 2d of January last, He said it was inser- ted by his Journey -Man, who composed the said Paper, without his Knowledge, and that He was very sorry for it, and for vvhich he humbly submitted himself and ask'd Pardon of the Govr. and the Board ; Whereupon, the Governour told him, That He must not for the future presume to publish any thing relating to or concerning the Affairs of this Government, or the Government of any other of his Majestys Colonies, without the permission of the Governour or Secre- tary of this province, for the time being, And then He was dismissed and the Council adjourned. At a Council held At Philadelphia, March the 6th, 172,1. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Andrew Hamilton, Att. GenL, Isaac Norris, Henry Brooke, Jonathan Dickinson, James Logan, Secretary. Colonel John ffrench, The Governour acquainted the Board, that He had been surprized this morning with an imperfect Relation from one Richard Lang- don, a Butcher, lately came from Conestogoe, of the sudden Death of an Indian at one of their Towns a considerable way above Co- nestogoe, occasioned (as it is said) by one or more Blows given him by John or Edmund Cartlidge, or both of them ; That tho' the Go- vernour had not received any certain Advice of the Truth or Cir- cumstances of this unhappy Accident by any Express Message from Conestogoe, yet the said Richard Langdon having had his informa- tion from sundry persons of Credit near Conestogoe, and being de- sired by some of them to give Notice of it to the Governour, gives the Governour some Cause to fear the Truth of what is now so con- fidently every where reported ; He had therefore thought it necessarv upon the first Notice given him, that the Council of the Province should be immediately acquainted with the whole circumstances of this matter, as far as can yet be discovered here, that He might con- sult with them of the most proper measures to be taken upon so ex- traordinary an occasion for preserving the Peace of the Province ; He had therefore ordered the said Richard Langdon, and one David Robeson, a Blacksmith, near Perquyomen, (who had also received some Intelligence of this matter in the Country,) to attend the Board at this time, Who were accordingly severally called in an examined upon Oath. 144 MINUTES OF THE Whereby it appeared to the Board, that there is just Cause to be- lieve that an Indian is actually dead, And from the Accounts the said Deponents give, there is Ground enough to suspect that the said John or Edmund Cartlidge, or both of them, have been some way or other instrumental in or accessary to his Death. It is therefore the unanimous opinion of the Board, that it is of absolute Necessity that some person or persons of Integrity, Reputation and Ability, be forthwith dispatched to Conestogoe with full powers to make Inquiry into this matter, and upon just Cause of Suspicion to commit any person or persons accessary to the Death of the said Indian, and ge- nerally to dispatch such messages and take such other Measures which they shall judge necessary to secure the publick Safety and Tranquility of the Government. Accordingly at the Request of the Governour and the Board, the Secretary and Colonel ffrench agreed to undertake a Journey to Co- nestogoe for the negotiating of this affair ; And it is ordered, that a Commission and Instructions be prepared for the said Gentlemen, betwixt and to morrow morning, to be laid before the Council for their Approbation. In the mean time it is judged convenient, that the Assembly now Sitting be acquainted with the Accounts the Governour has received of the matter, and with the proceedings of this Board thereupon; And that the Govr. will please to move them by a Message, to pass a vote for making Provision" to defray the Charge of such unforseeii Negotiations with the Indians, which 'tis conceived will be the most effectual and Cheapest way to preserve their Friendship, and to quell any Disturbances which hereafter may possibly happen upon any such extraordinary Events. The Secretary moved, and it is ordered to be Entered as a Rule upon the Minutes of this Board, That because of the difficulty in col- lecting the several opinions of the Members, and putting their Reso- lutions in a Proper Form and Method while the Council is a silting ; That therefore, the Minute of the preceeding Council shall always be examined and approved by the Board, at their next meeting, befors- the same be entered upon the Council Book. At a Council held At Philadelphia, March the fth, 1721. PRESENT : ; The Honourable Sir WILLIAM KEITH, Bart. Govr. Richard Hill, Thomas Masters, Samuel Preston, Andrew Hamilton, Att. Genl. , Jonathan Dickinson, Henry Brooke, Colonel John ffrench, James Logan, Secretary. The Minute of yesterday's Council was read and approved ; After which the Governour communicated to the Board the Message which PROVINCIAL COUNCIL. 145 He had sent along with the said Minute to the House of Representa- tives, together with the Resolution of the said House thereupon, being as follows : Resolved N. C. D., That the Thanks of this House be given to the Governour for the Care he has already taken in the above atiair, and that He be desired to use the naost expeditious method possible, that the persons concerned in the Fact may be apprehended, in order to be brought to Justice, And that this House will cheerfully defray the necessary Charge that shall accrue on the prosecution thereof. The Attorney General presented the Draught of the Commission to the Secretary & Colonel French ordered yesterday to be prepared, which with some Amendments was approved, and ordered to be en- grossed immediately and sealed with the Great Seal ; Also, a blank Commn. for a Coroner was ordered to be given the said Gentlemen to be employed by them in the Service they are now going upon, as they shall have occasion or judge necessary. The Governour drew up some Instructions foi" the said Gentle- aiens better Direction in this Service, which with some Additions were approved by the Board, and ordered to be engrossed and sealed with the Lesser Seal of the province. At a Council held At Philadelphia, March the 21st, 1721. present; The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Thomas Masters, Isaac Norris, Andr. Plamilton, Att. Genl., Samuel Preston, Henry Brooke, Jonathan Dickinson, James Logan, Secretary. Colo. John French, The Governour having been in the Country at the Time of tiie Secretary & Colo. ftVench's Return from Conestogoe, upon Notice of their Arrival at Philadelphia came to Town last night, and now ex- pressed his satisfaction to see the said Gentlemen returned from their Journey, and desired them to inform the Board of their proceedings in executing the Commission & Instrucons they had received; Where- upon, the Commissioners delivered their Report in Writing, which was read, and is as follows. To the Honourable Sir William Keith, Bart., Governour of the province of Pensilvania and Counties of New Castle, Kent & Sussex upon Delaware, and the Council of the same. The Repsrt of James Logan & Colonel John French, of their Exe- cution of a particular Commission to them directed. 13 ^ 146 MINUTES OF THE May it please the Governour ds Council : Pursuant to the Instructions given us by the Governour, We set out from Philadelphia for Conestogoe on the 7th Instant, as soon as our Commission was delivered to us, and the next Day meeting with the High SheritTof the County of Chester, according to an appoint- ment made vvith him. We sent him with a proper Warrant before us for a greater Dispatch, to apprehend the two Brothers John & Ed- mund Cartlidge, who were reported to have con^mitted the fact which occasioned our Journey. On the 9th, in the afternoon, We came to John Cartlidge's House where we found himself in the Sheriffs Cus- tody, Edmund Cartlidge was then over the River Sasquehannah waiting with a Gang of Horses, as we were informed, for his Brother to joyn him to proceed on their Business of Trade towards Patow- meck ; But on our informing John of the Necessity there was of our seeinor his Brother, he was prevailed on to send for him the next day, and accordingly he came. The same morning, we dispatched a Messenfrer to summon Peter Bizaillon, who lives about 56 miles higher upon Sasquehannah, to attend us as Interpreter between us and the Indians, but He having no Horses at home, and being far from Neighbours, he could not get down till the fourth Day after the Messenger set out, viz.: till the 13th in the afternoon. Soon after our first arrival at Conestogoe We gave the Chiefs of the Indians Notice of our Business, and upon Peter Bizaillon's co- ming. We appointed a meeting with them next Morning ; Accord- ingly, We met with the Chiefs of the Mingoc or Conestogoe Indians, of the Shawanese & Ganaweso, and some of the Delawares in Coun- cil, in which We spoke to them in the following Words, interpreted by Sentences, first from our Language into Delaware Indian by Peter Bizailion, who took an Oath faithfully to interpret between us and the Indians, and afterwards the same was interpreted into the three other Languages by Captn. Civility of Conestogoe, and Smith the Ganavv'ese, who excells in the skill of those Languages. At a Council held At Conestogoe, the 14th day of March, 1721-2. Between James Logan, Secretary, & Colonel John French, in behalf of the Government of Pensilvania, thereunto authorized by vertue of a Commission to them from the Governour, under the Great Seal, bearing date the 7th inst. ; And Civility, Tannacharoe, Gunnehatorooja, Tovvecna, & other old men of the Conestogoe Indians. Savannah, Chief of the Shawanese, AYinjack, Chief of the Gana- wese, Tekaachroon, a Cayoogoe, Oweeyekanowa, Noshtarghka- men, Delawares. Present divers English & Indians. The Secretary laving down a Belt of Wampum on the Board be- fore thorn, which he had taken with him for that purpose, spoke to the Indians as follows. PROVINCIAL COUNCIL. 147 Friends & Brethren : William Pcnn, our and your Father, when he first settled this Country with English Subjects, made a firm League of Friendship and Brotherhood with all the Indians then in these parts, and agreed that both you and his People should be all as one Flesh and Blood. The same League has ofi,en been renewed by himself and other Go- vernours under him, with their Councils held as well in this place where we now are as at Philadia. and other places. Both his People and yours have hitherto inviolably observed these Leagues so that scarce any one Injury has been done, nor any one Complaint made on either side, except one for the Death of La Tour and his Company for near forty years past, And of this you are all fully sensible. Yet as all human affairs are liable to accidents which sometimes fall out even between Brethren of the same Family tho' issuing from the same Parents, So now your good Friend, our Governour and his Coun- cil, having heard by Report only, that one of our Brethren had lost his Life by some Act of Violence, alledged to be done by some of our People, without receiving any Notice of it or Complaint from you, but moved with a great Concern for the Loss and Unhappiness of the Accident, like true Friends and Brothers, the very next Day sent us two, Colonel French and me, first to condole with you , which we now do very heartily, and next by the full Powers with which we are in- vested to inquire how the matter came to pass, that Justice may be done and Satisiaction be made according to the firm Leagues that have from time to time been made between us and you, for We will suffer no Injury to be done to any of you without punishing the offenders according to our Laws ; Nor must we receive any v/ithout just satisfaction made to us, ffor so the Laws of Friendship and the Leagues between us require. We therefore now desire you, that according to the Notice we gave you three days agoe to have all those persons ready here who know any thing of this matter. You would fully inform us of every par- ticular, for we are now here to take their Examinations, which we expect you will take Care shall be given with Truth and Exactness, and without any Partiality from Resentment or Favour ; that when our Governour and Council are assured of the Truth they may pro- ceed more safely in doing of Justice. This being interpreted, as has been said, into the four several Lan- guages of those People, We judged it necessary that our Commission should be publicly read in the hearing and for the satisiaction of the English who were there, and then we proceeded to put the following Questions, and to examine the Indian Evidences. Quest. When did Civility and the other Indians of Conestogoe first hear of the Death of the man, and by whom? Answr. They heard of it by several Indians much about the same time ; The fact was done, they understood, about forty Days agoe. Quest. Where was it done ? 148 MINUTES OF THE Answr. At Manakassy, a Branch ofPatowmeck River. Quest. What was the Man's Name, his Nation, and Rank among his own People ? Answr. His name was Sawantaeny of the Tsanondowaroonas or Sinnekaes, a Warriour, a civi! Man of very few Words. Quest. What was his Business there ? Answr. He was hunting, being used to hunt in that place. Quest. Who, do you understand, was present besides the English at the Commission of the ffact ? Answr. The Man had been hunting there alone, with a Squaw that kept his Cabin, till John Cartlidge and his People came thither to trade with him for his Skins. John Cartlidge had an Indian Guide with him of the Ganawese Nation, named Aijaquachan, who is here present ; also, two Indian Shawana Lads came thither about the same time, whose Names are Acquittanachke and Metheegueyta ; also, his Squaw, a Shanawcse Woman, named Weynepreeueyta, Cousin to Savannah, Chief of that Nation, who are all here present. Then Winjack and Savannah, Chiefs of the Ganawese & Sha- nawese, were required to Charge those four witnesses of the ffact, of their respective Nations to speak the Truth impartially, without Malice or Hatred, Favour or affection on any account whatsoever. The three Shawana witnesses being desired to withdraw, Ayaqua- chan, the Ganawese, aged according to appearance, about thirty years, was called upon to give an Account of what he knev/, and accordingly he said. That he came in the Evening to the Indians Cabin who is dead, witli John Cartlidge and Edmund Cartlidge, who had with them William Wilkins and one Jonathan, both servants to John Cartlidge, with an Intent to trade with the said Indians for his Skins, they having hired him to be their Guide ; That John Cartlidge gave the Sennikae some small Quantities of Punch and Rum three times that Evening, as he Remembers, as a ffree Gift, and then sold him some Rum ; That bo'h the Sinnekae and this Examinant were drunk that Night ; That in the Morning the Sinnekae said he must have more Rum, for that he had not received all he had bought; That accordingly he went to John Cartlidge and demanded it, but that John denied to give him any, and taking the Pott out of the Indians hand threw it away ; That the Sinnekae told him he need not be angry with him for asking more for he owed it to him, and he still pressed him to give it ; That John then pushed the Indian down who fell with his Neck cross a fain tree, where he lay for sometime, and then rising walk'd up to his Cabin ; That this Exa- minant was then by the Fire, which was he thinks about thirty or forty, others say a hundred paces from the Cabin ; That he saw John Cartlidge stripping off his Clothes near the ffire ; That then this Ex- aminant went up towards the Cabin and saw the Sinneka sitting on the ground with the Blood running down his Neck, and that John Cartlidge when he came up kick'd him on the fforehead with his PROVINCIAL COUNCIL. 149 Fool ; That this Deponent was in Liquor at the time and knows no inore. Being asked if lie saw any Gun, he says he saw none. Aquannachke, the Shawana, aged in appearance about twenty two years, says, That he came to the same place with John Cart- lidge and his Company, that the Sinneka had Liquor over night, and was drunk with it; That He and the Ganawese sate up a 1 Night, but this Examinant went to sleep. The next Day the Sinneka asked for more Rum of John Cartlidge, who refused to give him any ; that John threw away the pott, and upon the Indian still pressing for more Liquor threw him down cross a Tree, that the Indian rising made up to his Cabin ; That WUliam Wilkins followed him and met him coming out of the Cabin with his Gun, That Wilkins laid hold of him & the Gun and tlicy both struggled, but not much; That Edmund Cartlidge coming up forced the Gun from the Indian, struck him three Blows on the Head with it, with which it broke. He struck him also on the Collar Bone ; That John Cartlidge being at the Fire there stript off his Clothes, and coming up kick'd the Indian on the side and broke two of his Ribs; That the man then bled at the Mouth and Nose and was unable to speak, but rattled in the Throat ; That John Cartlidge with his Company went to the Fire, made up liis Goods and came away ; That the Sinneka in the mean time went into his Cabin where these Shawanese Lads left him, and followed John Cartlidge to trade with him ; That this happened about nine in the morning, and John Cartlidge himself says, he left the place at tea by his watch. Metheequeyta, the other Shawana Lad, aged about seventeen or eighteen years, confirms what the other Young Man his Compa- nion has said, and declares he can say nothing farther. Hereupon, great Pains were taken and Endeavours used to per- swade these Evidences, to declare of themselves all that they parti- cularly knew without considering what the others had said, or were supposed by them to say, for they were kept apart during the Exa- mination, but the Indians could not be prevailed with, alledging it" was to no purpose to repeat what others had already declared, and it was by many leading Questions that Acquanachke was induced to mention any part of what the Ganawese had said before. Weenepeeweytah, the Squaw, was then examined arid said, That she was in the Cabin when her husband came in for the Gun, that She shrieked out, and endeavoured to hinder him from carrying it out, but could not; That She followed him, and Wilkins being then by the Cabin laid Flold of the Gun, but could not take it from him ; That Edmund forced it out of his Hands and struck him first on the Shoulder, and then thrice upon the Head, and broke the Gun with the Blows ; That John Cartlidge stript off his Clothes and coming up to them found the Indian sitting, and he then gave him one Kick on the side with his foot, and struck him with his ffist ; That the man never spake after he received the Blows, save that after he got into VOL. III. 150 MINUTES OF THE ihe Cabin he said hisFiiends had killed him ; That a great Quantity ui' Blood came from his wounds, which clotted on the Bear Skin on which lie lay; That his Mouth and Nose were full of Blood; That he died the next Day, about the same time he was wounded the Day before ; That she was a lone with the Corps, and went to seek some help to Bury him ; That in the mean time an Indian Woman, wife to Passalty of Conestogoe, with the Hermaphrodite of the same place coming ihiiher by accident, and finding the Man dead buried him in the Cabin, and were gone from thence before She leturned, but She met them in the way and understood by them that they had laid him in the Ground. Passalty's Wife and the Hermaphrodite being called, declare that Kannannowach, a Cayoogoe Indian, was the lirst who found the Man dead, and that he hired them to go bury him lest the Beasts or Fowls should eat him ; That it was about seven Days after his Death that they went thither, for the Body then Slunk; They found three wounds in his Head, They washed away the Blocd and the Brains appeared ; that two of his Ribs were broke, and his Side on that part was very black. These, may it please the Governour, are the Examinations of the Indian Evidence which we have taken, with all the Exactness that was in our power, and with the utmost Impartiality. We confess we had not reason to be fully satisfied with the management of the three Shawana Indians, viz: the two Lads and the Squaw, especially the two first, for they seem all to have agreed on their story before hand, especially in the particular of the man's Ribs being broke, of which Me conceived these two Youths could not possibly know any thing before they Icit the place, because they came from it much about the same time with the Cartlidge's, and therefore We judge they could hear of it no other way than by the Woman afterwards, yet they were positive in affirming ; And we have here given the whole, wi'hout retrenching any thing in favour of any person whatsoever. The Belt of Wampum was then taken up and shewed to the In- dians, and they were told that it was sent from the Governour by us, to be forwarded with a message to the Sinneka Indians upon this unhappy accident. They were therefore desired to think by the morn- ing of a proper person to carry it ; That the Day being now far spent, and the Company tired, (for we sate on the Business near Ei'>ht hours) wc should leave what we had further to say to the next Dav, and accordingly desired them to meet us early in the same place. We then ordered two gallons of ilum made into Punch with t-he above, a Hundred Weight of Meat and Bread brought from John Cartlidge's, to be distributed among the company which was large, and Provisions being exceeding scarce at present among them. The next day, viz., the 15th of March, We met the same Chiefs without other Company to consult about sending the message before mentioned, and Colonel French, by the same Interpreters, spoke to them as follows. PROVINCIAL COUNCIL. 151 Friends & Bretheren : We informed you yesterday that we were sent by the Governour in very great Haste from Philadelphia upon the News of this un- happy Accident, which we have been enquiring into. We, there- fore, had not time to bring with us any Presents to make you, nor could we indeed believe they would be expected on this occasion. We thought however, that if any should be wanted they might be easily had at Conestogoe, but find them very scarce. We have however procured two Strowd Coats to be sent to our Bretheren, the Sinnekaes, to cover our dead Friend, and this Belt of Wampum (which was again taken up) is to wipe away Tears. We yesterday recommended it to you to think of a fit person to carry the Message, which we hope you have done, and pitched upon one accordingly. The Indians answered : They had deferred the Choice of a person till this meeting, and then they named some one of them we much desired should be the Person, but he excused himselt". At Length one Skatcheetcho, a Cayoogoe of the ffive Nations, and of that next in situation to the Sinnekaes, who had for divers years resided among our Indians was chosen, and he undertook the Journey, but said he could not leave his Family, who then wanted Bread, unless they were provided for. We assured him, that the next Day six Bushels of Corn should be brought to him for his ffamilys support in his Absence, and for his own Journey he should have a Stroud Coat, a new Gun, with three pounds of pov.'der and six pounds of Lead, which beseemed cheerfully to accept of; some Palatines, undertook on the Secretnrys Promise of Pay to bring the Corn next Day ; A Gun and the Lead we had from John Cartlidge, but he having no wood Powder nor Strouds at home, Peter Bizaillon promised to deli- ver these to the Messenger as he past his Flouse near Pexton. Soon after the two Stroud Coats were presented, one of the Conestogoe old men proposed to Civility, that John Cartlidge having before given them a Stroud, with a strmg of Wampum for the same pur- pose ; these should also be sent with the others, -which being ap- proved of by the other Indians, the said Strowd and Wampum was brought and added to those we had delivered. The Messenger bemg fully concluded on, We desired Civility and him to be with us in the Evening, at John Cartlidge's House, to re- ceive the Words of our Message; but first we proposed to the Indians to send a Message from themselves in Conjunction with ours to shew their Satisfaction in our proceedings, but they gave us to understand that they could not joyn any Words of theirs to our Present, for no such thing was ever practised by the Indians, and they had no Belt ready of their own, otherwise they would send it. Civility was then privately informed that We had a Belt also for them (the Secreta- ry having carriedup two) which they might take as their own, and send it accordingly. He seemed much pleased with this, and we prepared for that time to take our Leaves; But before we did this We judged it necessary- to caution them, that from the example we 152 MINUTES OF THE had given them of our great Care and Tenderness over them, and our Regard to our League made with them. Thej should be very careful on their parts not to give offence to the Christians who were settled near them, or by any means injure their Cattle or any thing belonging to them ; For as we would suffer none of our People to injure them without punishing the offenders, So we could not receive Injuries without requiring Satisfaction; And this we endeavoured fully to impress upon them, After which we took Leave of them all, ex- cepting Civility & the Messenger, and came to our Lodging at Jehn Carthdge's, wither also about two hours after came the said two last mentioned Indians ; And to the Messenger we delivered the follow- ing Words as the signification of the Belt we sent with him, viz : Deliver this Belt from the Governour and Government of Pensil- vania to the King or Chief of the Sinnekaes, and say that the Words it brings are these. William Penn made a firm Peace and League with the Indians in these parts near forty years agoe, which League has often been re- newed and never broken, but an unhappy Accident has lately befallen us. One of our Brethren and your People has lost his Life by some of our People; Rum was the first cause of it; He was warm and brought his Gun in Anger against them. They were afraid of his Gun, took it from him, wounded him and he died. Our Governour, on the first News of it, sent us two ofhis Council to inquire into it. We have done it, and we are now taking the offenders to Philadia. to answer for their Fault. We send these Strowds to cover our Dead Brother, and this Belt to wipe away Tears; And when we know your mind, you shall have all further reasonable satisfaction for the Loss. Civility also receiving the other Belt privately, promised they would hold a Council the next Day among themselves, as they had before engaged to us, and sending that Belt m their own Name would give an Account by it of our Governours great Care over them, and of all our proceedings in this matter. Being the same Day credibly informed That the five Nations had sent down a large Belt of Wampum, whh the ffigure of a Rundlet and an Hatchet on it to the Indians settled upwards on Sasquehannah, with orders to stave all the Rum they met with. We judged it ne- cessary to send by the same Messenger a public order, under our Hands and Seals, to all our Traders whom he should meet with, to acquaint them, that as their carrying of Rum to the Indians was against Law, So the Indians staving it was no more than what from time to time they had been encouraged to do, and therefore they must take care not to cause any Riot or Breach of the Peace, by making any Resistance; A Copy of which Order is here presented. All this time from the first Day of our Arrival at Coneslogoe John Cartlidge, and from the second day Edmund Cartlidge, had by vir- tue of our Warrant, been in the custody of the High Sheriff of Ches- ter, who accompanied us, or in that of persons deputed by him. PROVINCIAL COUNCIL. 153 The next Morning, Civility the Messenger, and clivers of the old Men came over to John Cartlidge's to see us at our Departure. The Messenger assured us He would set out the next morning, viz. the 17th, That he hoped to be with the Sinnekaes in Eight Days, and to return in thirty ; That he and Civility, upon his Return, would come directly to Philada. to give an Account here of the Dis- charge of his Message. We then very much pressed John Cartlidge. (Edmd. being gone before with an officer to his own House almost in our way) to hasten and go along with us. His Wife grieved almost to Distraction, and would force herself and her child with him, but was at length pre- vailed with to stay; This caused us some Loss of Time. The Wo- man's sorrows being loud the Indians went in to comfort her, and so we departed. We have brought both John Cartlidge and Edmund Cartlidge Prisoners to Town, together with the Lad Jonathan who was present at the ffact, and have committed them to the Custody of the High Sheriff of Philadelphia, where they now are, William Wilkins was one hundred and fifty miles up Sasquehannah trading for his master, and therefore too far out of our Reach. This, may it please the Governour, is in pursuance of our In- structions, the Report we have humbly to offer of our executing the Commission with which we were intrusted. JAMES LOGAN, JOHN FFRENCH. The said Commiesioners further reported. That they had caused John & Edmd. Cartlidge to be brought to Philadelphia, where they now remain in the Sheriff's Custody, by virtue of their Warrant, for suspicion of Killing the Indian mentioned in their Report, which in their humble opinion was the highest Cause of Commitment that the Evidence taken before them, as it is narrated in their Report would admit of. That the Body of the Indian supposed to be Killed had been buried about six weeks before their arrival at Conestogoe, in a solitary un- inhabited wilderness, three Days Journey from thence ; So that it was not only out of time to have a satisfactory view taken of the same, but also it was then impracticable for them to get such a Number of Christians to undertake that Journey as would constitute a legal Jury. Hereupon, it was the unanimous Opinion of the Board, That the Commrs. had faithfully and diligently executed the Trust reposed in them, and after some time spent in reasoning upon the most legal, as well as prudential methods, that in this uncommon and extraor- dinary Case could be taken for a more clear Discovery of the Truth in order to being the offenders to Justice ; the further Consideration thereof was deferred untill to morrow at three in the afternoon. 154 MINUTES OF THE David Evans, Deputy Sheriff of Philadelphia attending, was called in and ordered to keep the said prisoners, John and Edmund Cart- lidge, in safe Custody, by virtue of the Commrs. Warrant whereby they stand already committed, And that He produce Jonathan Swin- del, John Cartlidge's Servant, before this Board to Morrow at three in the afternoon. At a Council held at Philadelphia, March the 22d, 1721. PRESENT : The Honorable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Thomas Masters, Samuel Preston, Andrew Hamilton, Att. Genl., Jonathan Dickinson, Henry Brooke, Colo. John ffrench, James Logan, Secry. The Consideration of the Case of John & Edmond Cartlidge be- ing resumed, Jonathan Swindel, an Evidence who attended in the Sheriffs Custody, was called in and examined upon Oath ; but his Deposition or Evidence not appearing to warrant any higher Cause of Commitment than what the Commissioners at Conestogoe had already made, viz : the Suspicion of Killing, it was not thought proper to alter the Commitment of the Prisoners, but leave them in the hands of the Law. It being hereupon observed, that there was two vacancies in the standing Commission of Oyer & Terminer, and that perhaps the Circumstances of this affair might require a Special Commission limited to Time and place ; The Clerk was ordered to produce a Copy of the last Commission of Oyer & Terminer for the Tryal of Capital Crimes and Felonies of Death ; Which being read, the Board was of opinion that if the said Commission, with some amendments mentioned by the Attorney Genl. was renewed, and the Vacancies filled up, it would answer this as well as all other Cases of the like Nature. A Petition from John & Edmd. Cartlidge was presented to the Board, and read, setting forth. That they are heartily sorry for the Death of the Indian (if He be really dead) on Suspicion whereof they now stand committed ; That they had no Intention to hurt or injure the said Indian, but that what they did was in their own De- fence and for preservation of their Lives. Nor can they believe that what was done on their part by reason of the amazing Surprize the}'- were in, and be the occasion of the said Indians Dea^h; They there- fore earnestly pray for a Speedy Tryal, (if this Board finds a Tryal necessary) or otherwise that they may be admitted to Bail, which they conceive to be a Priviledge due to them by the Law of the Land. After some Reasoning upon the subject of this Petition, the Ques- tion was put. Whether the Petitioners ought to be admitted to Bail or not? and it carried in the affirmative, And Mr. Attorney was de- sired to prepare the Conditions of their Recognizance against Satur- day morning next, the 24th instant, to be then agreed to by the PROVINCIAL COUNCIL. 155 Board, and afterwards taken &■ executed at the Court House, before the Governour, in the most public manner ; And it is ordered, tliat the Petitioners in the mean time have Notice to provide sufficient Bail. It was moved and readily agreed to by the Governour, that John Cartlidge's Name be struck out of the Commission of the Peace for the County of Chester. The' Secretary and Colonel French laid before the Board an Ac- count of the Charge of their late Negotiation with the Indians at Concstogoe, being Nineteen pounds Eighteen Shills. and nine pence cash disbursed, Which is allowed by this Board, togclher with twen- ty Shillings per Diem to each of the said Gentlemen for the time spent in that Journey, being eleven Days, amounting in the whole to the Summ of Forty one pounds 18s. 9d., which is ordered to be laid before the Assembly for an order of Payment, at the same time with the Accott. of the Charge of the Treaty with the Deputys of the ftive Nations, At Conestogoe in July last, the Ballance thereupon due being One Hundred & fourteen Pounds fourteen Shillings, allowed by this Board, and ordered to be laid before that House. At a Council held at Philadelphia, March the 24th, 1721. thesext: The Honourable Sir WILLIAM KEITH, Bart., Go^r. Richard Hill, Andrew Hamilton, Att. Genl., Isaac Norris, Henry Brooke, Thomas Masters, James Logan, Secretary. Pursuant to the Resolution of the last meeting of this Board, John & Edmd. Cartlidgc appeared before the Governour & Council, at the Court House, and became bound by Recognizance to the Kings Majesty in manner following, viz : the said John Cartlidge in the Summ ot ffive hundred pounds with Edward Faimcr of the County of Philada, Gent., and John Davis of the City of Philada., Taylor, liis Suretys in the Summ of two hundred and fifty pounds each. And the said Edmond Cartlidge in the like Summ of £500, with Charles Read of the City of Phiiada., Mercht., and James Steel of Philada., Gent., his Sureties in the Summ of .£250 each, to be levied of their and every of their Goods & Chattels, Lands & Tenements, for the use of our Sovereign Lord the King, Sub-Conditione. That the said John Cartlidge shall make his personal appear- ance before the Governour & Council of this province of Philadel- phia, the twentieth Day of April next, then and there to make Answer to such matters as on his Matys Behalf, shall bo objected against him concerning the Death of Saanteenee, an Indian, which the said 156 MINUTES OF THE John Cartlidge is suspected wilfully to have slain upon a sudden falling out, And that He, the said John Cartlidge, in the mean time do keep the Peace of our said Sovereign Lord the King, towards the Kings Maty and all his Liege People, and all these Nations of In- dians in Peace & Amity with this Government. And that in the mean time He, the said Jno. Cartlidge, shall not go over the River Sas- quehannah to trade, deal or barter with any Indians ; That then and from thenceforth this present Recognizance shall be frustrate and made void, or else to remain in full force and virtue. And the said Recognizance being duly acknowledged by the said John and Edmd. Cartlidge, with their respective Surities above named, They were dismissed. At a Council held At Philadelphia, JVlarch the 28th, 1722. PRESENT : The Honourable Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Thomas Masters, Isaac Norris, Andrew Hamilton, Att. Genl., Samuel Preston, Henry Brooke, Anthony Palmer, James Logan, Secretary. Present also, David Lloyd, Esqr., Chief Justice. There having been occasion lately to take Notice in Council of two Vacancies in the Commn. of the Supreme Court, the Governour acquainted the Board, That He had called them together at this time Chiefly to advice with them upon that Head. Observing to them, That as it had hitherto been the Practice to keep the same Equality upon that Bench as at this Board, between those of the Church of England and the People called Quakers ; They were now to think of recommending two Churchmen to the Governour, who in their opi- nions, would be fit to act in the said Commission along with the Chief Justice and Mr. Hill; But the members seeming inclined to have a litle more time to consider of fit persons for filling up the said Vacancies; the consideration thereof was referred unto the next meet ing of the Council. Whereas the Governour has acquainted the Board, That He has made a considerable Advancement in the Erecting of a Building at Horsham, in the County of Philadelphia, in Order to carry on a Ma- nufacture of Grain, Sic, And that it is necessary some convenient public Roads and Highways through the Woods to and from the said Settlement, be laid out by order of this Board. It is therefore, at the Governours Request, ordered. That Robert flletcher, Peter Chambcrlin, Richard Carver, Thos. Iredale, John Barns & Ellis Davis, or any four of them, do run out and make Re- turn of a convenient jjublick Road and High way, from the Gover- nour's Settlement at Horsham to the Meeting House there, and from PROVINCIAL COUNCIL. IB? thence to a small Bridge, commonly called the Round Meadow Run, where it meets again with Abingdon or Now York Road. And also, that the said Robert ffletcher, Peter Chamberlin, Richd. Carver, Thomas Iredale, John Barns & Ellis Davis, or any four of them, do run out and make Return of a Road and High Way, to begin at the Intersection of the said New York Road with the Division Line between the Counties of Philadia. and Bucks, to be continued upon the said Line upwards, as far as they shall judge convenient or ne- cessary for accommodating that Neighbourhood ; And it is ordered, that the Returns of the said Roads bs made in thirty Days after this date. An Address to the Governour from David Lloyd & Nathaniel Newlin, in behalf of themselves and the other Commissioners ap- pointed by Act of Assembly for the County of Chester, was read by the Governours order, as properly relating to this Board, notwith- standing the said persons thought fit to direct it to the Governour only, setting forth the Inconveniences which may ensue from the Order of this Board, for the first of February last, upon a Petition from divers Inhabitants on the South Side of and adjacent to the Ri- ver Schuylkill, who were taxed both in Philadelphia and Chester County, and praying such relief from the unrighteous Attempts of the said persons to sever themselves from the said County of Ches- ter, as the Governour in his Wisdom should think fit. The said David Lloyd being present was told. That the order of the Governour & Council of the first offfebruary last, to which their Address had relation, imported only, that no regular Division of the Counties oi" Philadelphia and Chester had yet appeared to this Board, And that the Collectors of the Taxes for the County of Chester were ordered to forbear calling upon or levying those Taxes on such per- sons only as heretofore had paid to and were now taxed in the coun- ty of Philadelphia, which were not above six in Number, tfor that it was unreasonable they should pay to two Counties the same Taxes for the same Lands or Estates ; And that the order itself plainly de- clared. That this Injunction was intended to continue no lonfrer than till such time as the Limits of these two Counties could be adjusted and fixed ; That it was of great Importance that they should with- out Delay be fixed. And as the Address implies that this has already been done, the Commissioners of Chester County were desired to make it appear to the Board accordingly. David Lloyd replied, That there were persons yet living v/ho rt- membered the running of the Division Lines, which was done He believes about the year 1688, under the Administration of Governour Blackwell, but that they Knew not where to apply for any Record or written proofs of it, except to the Secretary, in whose Custody all things of this Kind should be kept. The Secretary hereupon informed the Board, That He succeeded 14 168 MINUTES OF THE Patrick Robinson in the year 1700 in that office ; That the said Pa- trick dying not long after, He had never received from his Widow and Relict any of the Papers relating to the Secretary's office; That orders at his Instance had been issued by the Governour & Council, for the Delivery of all such Papers then in the Custody of the said Relict or of her Husband, Griffith Jones, who had then intermarried with her. But that by an Assensbly of this Province, of which Da- vid Lloyd was Speaker, and the said Jones a Member, It was order- ed, as might he believed be yet found on their Minutes; That the Papers and Writings of public Concern left by Patrick Robinson, in the hands of his VVidow, should be kept by the said Griffith Jones, So that He (the Secry) could never obtain them ; That the said Grif- fith Jones being since dead, and his Widow intermarried with John Swift, he suppose those Writings might now be in the said John's Custody. The Inconveniency as well as Indecency of suffering such matters of Importance to the Public to lie in any private Hands whatsoever, or out of the Office they properly belonged to, being taken into Consi- deration, It is ordered, That the Secretary and Attorney Genl. shall without Delay call upon tlie said John Swift or his Wife, the Relict of the said Patrick Robinson, for all such Records, Papers and Wri- tings relating to the Govmt. or that are of a publick Concern, as were in the Custody of the said Patrick Robinson at the time of his Decease, and upon all and every other person and persons in whose hands any such Records, Papers or Wiitings may be found, and take the same into their Custody, to be delivered into and kept in the Secretary's Office, to which they properly belorg ; And of their proceedings herein they are to make Report to this Board. The Secretary also is ordered to make a further Search for the proofs that have been mentioned of the Division Line between the Counties of Philadelphia & Chester. At a Council held at Philadelphia, April l6th, 1722. present: The Honourable Sr. WILLIAM KEITH, Esvir., Bart., Governour. Richard Hill, Anthony Palmer, Samuel Preston, Henry Brooke, Andrew Hamilton, James Logan, Secretary. Isaac Norris, The Governour spoke as follows. Gentlemen of the Council : Upon some Information I lately received, that the Indians were like to be disturbed by the Secret and Underhand Practices of Per- sons, both from Mary Land and this Place, who unde r the Pretence PROVINCIAL COUNCIL. 169 of finding a Copper Mine, were about to Survey and take up Lands on the other side of the River Sasquchannah, contrary to a former Order of this Government ; I not only sent up a Special Messenger with a Writ under the Lesser Seal to prevent them, but took this Occasion to go towards the Upper parts of Chester County myself, in order to Locate a small quantify of Land unto which 1 had pur- chased an original Proprietary Right; And understanding further upon the Road, that some Persons were actually come with a Mary Land Right to Survey Lands upon Sasquehanna, fifteen miles above Conestogoe, I pursued my course directly thither, and happily arri- ved but a very few hours in time to prevent the Execution of their Design. Having the Surveyor General of this Province along with me in Company, after a little Consideration, I ordered him to Locate and survey some part of the Right I possessed, viz : only five hundred acres upon that Spot on the other Side Sasquehannah, which was like to prove a Bone of Contention, and breed so much mischief, and he did so accordingly upon the fourths 5th days of this Instant April, after which I returned to Conestogoe, in order to discourse with the Indians upon what happened ; But in my way thither, I was very much surprized with a certain account that the young men of Co- nestogoe had made a famous Warr Dance the night before, and that they were all going out to War inimedi itely ; Hereupon, I appointed a. Council to be Held with the Indians next morning in Civilities Cabin, and these are the minutes which I carefully took myself of all that pass'd between mc and the Indians. [Here y^ Minutes should have been inserted, but they never hav- ing come to my hands, the opposite leaf is left blank for ym.] The Governour laid before the Board a Commission under his hand and the Lesser Seal of the Province, in the Kings Stile, dated the 3lst day of March last, & directed to Joseph Pidgeon, mention- ing certain Stipulations between the Governours & Councils of Mary Land and this Province, that no Surveys or Settlements should be made by any private Person whatever, on the west side of Sasque- hannah by Rights from either Province, and thereupon, and for pre- venting any disturbance to the Indians, by means of such Surveys or Settlements, impowcring and requiring the said Joseph Pidgeon, and his Deputies, to make diligent enquiry and search after any Person or Persons, who under the pretence of Land Rights from Mary Land or from this Province shall presume to survey or settle any Lands within ten miles distance of Sasquehanna to the West- ward, and not only to forbid all persons to survey as aforesd., but by force to restrain them ; And the Governour directing his dis- course to Richard Hill, Isaac Norris, and James Logan, Proprietary Agents or Commissrs. of Property for this Province, and three Lower Counties, complained that James Steel, (the person who for some Years past has been intrusted with the management of the Land Office under the sd. Agents) without paying the Regard due to 170 MINUTES OF THE the Governours Authority expressed in the sd. Commissn. had pre- tended to Survey Land over the River Sasquehannah, notwithstand- ing the Person or Persons deputed by virtue of the sd. Commission had forbid him, which action as it appeared a Contempt of the Go- vernours authority, and might be of unhappy Consequence with the Indians, as being contrary to what the Governr. in his Treaty two or three days before had stipulated with them. He was obliged to take notice of it and call the sd. James Steel to an account for it, but first the Governour desired to know if James Steel had any direc- tions from the said Agents or Commissioners for his proceeding herein. The Commissrs. answered that James Steel had orders from them to make a Survey beyond Sasquehannah, and for these orders it concerned them to Answer; but if he had behaved himself disorderly, or had tresspass'd against any Legal order of Government, (to which they were wholly strangers) They should not Justify him in it. However, as the matter seemed to them to relate to an affair of Pro- perty, they conceived it lay not properly before the Board, to take any Cognizance of the matter. Note— See the Minutes of March 15th, 1724-5, and 13th of same month. ***** ***** »*•♦»« At a Council Held at Philadelphia, April 20th, 1722. PRF.SENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Andrew Hamilton, Attny. Genl., Isaac Norris, Henry Brooke, Anthony Palmer, James Logan, Secretary. Thomas Masters, Cartlidge's > John & Edmund Cartlidge appeared before the Go- affair. ^ vernour in Council, and desired that (heir appearance might be Entered in Discharge of the Condition of their Recongni- zance, and the Sheriff of Philadelphia being called in, the Govr. imediately Committed the said John & Edmund Cartlidge into his Custody, until! they should be discharged therefrom by due Course of Law. And then they withdrew. The Governr. desired that the Board would give him their Opin- ions, whether in case the sd. John & Edmund Cartlidge did insist upon the priviledge of being again admitted to Bail upon Habeas Cor- pus, it could be legally denied them. To which the Attorney Genl. said, that there being no other or more prooff against them now, than what appeared at the time of their being first admitted to Bail, if they demanded it. He did not thipk the Priviledge of a Habeas PROVINCIAL COUNCIL. 171 Corpus could be legally refused, and the Board acquiesced in the the same opinion. The Governour laid before the Board several Bills sent up from the Assembly at their last Session, one of which being read, the fur- ther Consideration of the said Bill is deferred untill Tuesday next, the 24th inst., at nine in the morning, unto which time the Council is adjourned. At a Council held at Philadelphia, April 30th, 1722. PRESENT : The Ilonble Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Thomas Masters, Isaac Norris, Andrw. Hamilton, Atl. Genl. Saml. Preston, Henry Brooke, Antho. Palmer, James Logan, Secretary. Ordei-ed, that the Provincial Treasurer pay unto Samuel Robins the Sum of Ten Pounds, which with five pounds formerly paid him by the Secretary, (and of which it is hereby also ordered that the Secretary be forthwith reimbursed out of the publick Treasury) is al- lowed him by this Board, in consideration of his being sent Express to Virginia in the month of February, A". 1720, for the Service of the Publick, wch said Summs the Treasurer is hereby directed to Charge to Accott. of Indian Treaties for the said year 1720. The Govr. laid before the Board a Bill sent up from the Assembly, entituled An Act for Vesting * » K # * The Board unanimously agreed in the Justice and Equitable In- tention of the said Bill ; But considci-ing its importance, and some Amendments being also proposed, It is recommended to the Secre- tary & Attorney Genl. to peruse and make their Observations there- upon, and that they Report the same to the Govr. or the the Govr. & this Board, in order to bo further Considered of before the Bill is returned to the Assembly. The Clerk presented the Returns of two Roads laid out by order of this Board, the 28th of March last, which v/ere road, and ordered to be laid before the Council at another meetinir. At a Council held at Philadia., May 3d, 1722. PRESENT . The Honblc Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris, Samuel Preston, Henry Brooke. Some Amendments were proposed by the Governour, with the Ad- vice of the Council, to the Bill entituled An act for imposing a Duty VOL. III. 172 MINUTES OF THE on Persons convicted of heinous Crimes, and imported into this Pro- vince as Servants or otherwise. The Messenger sent by the Secretary to Colo. French, from Cones- togoe to the Five Nations, being returned with Civility, and some other Indians from Coiiestogoe along with him, to morrow at ten in the morning is appointed to receive the Indians Answer in Council; And it is ordered that the Assembly now sitting have notice by a Message from the Governour, to be present at Council if they think fit. At a Council held at Philadelphia, May 4th, 1722. PRESEKT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Anthony Palmer, Samuel Preston, Henry Brooke, Andw. Hamilton, Att. Genl. James Logan, Secretary. Isaac Norris, PRESiiNT ALSO : Conestogoe Indians : Tacuttelence als Civility, Satcheechoa, the Messenger sent to the five Nations now returned, Tiollhanse, CoU- hageherad. Civility, Interpreter from the Minguay into the Delaware Lan- guage, & Edward Farmer, Sworn Interpreter from the Delaware into English. The Governour spoke to the Indians as follows. The Governour and his Council are here to receive the Words of their great friends and Allies the five Nations, And we are glad that our dear Brother Capt. Civility is also here to give us a faithful In- terpretation, that We may clearly see into the Hearts and Breasts oi" our good Friends. Civility says. That the Chiefs of the Shawanois & Cayugoes in- tended to have been present at this Council, but that Provisions being very scarce in their Towns, they could not leave their Families desti- tute of their Assistance. The Govr. desired the Indians to proceed & deliver what they had to say to him & his Council. Ansr. from the? Then Salcheechoe delivered the Answer of the 5 Nations. 5 -^^^"^ Nations, which was interpreted as follows. That James Logan came up to Conestogoe from the Govr. on the News of one of their Cousins being killed, to acquaint them of our great sorrow for the unhappy accident, and had delivered a Belt of Wampum to wipe away their tears ; They had received that Belt, and now returned another also to wipe away ours. PROVINCIAL CorNCIL. 173 He delivers another Belt of Wampum and says, That they are tlius fai- well pleased in what is done ; That they hope the Bones of the Dead man will be taken care of and kept in memory, & that they desire a good understanding may be preserved between them & us; That they have received also from the Govr. two Strouds which they will keep as long as they live, but do not receive them as any Satis- faction for the Loss of their Brother. He presents another Belt and says, That when James Logan de- livered the Belt to be sent to them, He said it was desired that two of their Kings or Chief men might come down to us to Agree upon what Satisfaction should be made to them for the Loss of their Re- lation ; That all things being well understood between them and us, no heartburning should be left ; They accepted that Belt & Message, and were willing that there should be no Heart-burning, and as a Token of it they sent this, Belt now presented in Return, but they would not come to us on this occasion. He presents another Belt from the Chief of all the Five Nations, who says, This Governmt. sent up two members of Council to Co- nestogoe upon this Business, but two Persons were not sufficient to make it up and answer for a whole Country. They expect a greater number of People, &; now send this Belt to require the Governourto go up to him, For as the offence was committed by the English, it is the Govrs. Duty to go up to them, and not theirs to come to us ; That this Belt is to shew the Governour that He may come safely to them, and when he is there all tilings shall be fully accommodated ; That they are now making War with the Cheekaragoes, but on the Governours coming they may make Peace with those People, & so have Peace with all the Main. He presents four small strings of Wampum & says. That these are sent as a string to draw away the Governour as by the arm im- mediately, even this day without any Loss of time that so all may be friends together. The Governour then told the Indians that he would cause notice to be given them when they should attend to receive his Answer. And the Council was adjourned to four o'clock in the afternoon. And accordingly, May 4th, P. M. present: The Honble Sir WILLIAM KIETH, Bart., Govr. ; and the same members as in the forenoon. The Message from the five Nations this day delivered to the Govr. in Council, in Answer to that sent them by the Secretary & Colo. French from Conestogoe, being now taken into Consideration; And the Govr. and every member present having severally delivered their Opinions of the nature of the answer to be returned them on the part of this Governmt., and the manner in which the same is to be con- veyed to their hands; It is recommended to the Secretary to draw 174 MINUTES OF THE up the Resolutions of the Board thereupon, in order to be reported and approved by the Board to morrow morning, against which time the Govr. is pleased to undertake to prepare what may be proper to be said to our own Indians on this occasion, to be laid before the Board at the same time. Cartlidge's > Resolved, That John & Edmund Cartlidge be deli- Committee. 5 vered into the hands of the proper Magistrates in order to be prosecuted according to Law, and that they continue in Cus- tody of the Sheriffof Philada., by virtue of the Governrs. Commit- ment. The Governour acquainted the Board, that he had returned to the House of Representatives the Bills which the Council had under con- sideration, on Tuesday last the first inst., with the amendmts. then proposed, that since that time the Assembly having again sent up the said Bills, with their objections to the said Amendmts. He had by a message acquainted them, that to save their time & a Charge to the Country, He would not insist upon his amendmts. to the Impost & Negro Bills, but adhered to those made to the other Bills, viz.: to the Supplementary Act for the more effectual raising of County Rates & Levies, and the Bill for encouraging the making of good Beer &; Consumption of Grain in this Province. Which Bills, together with two other Bills sent up this afternoon from the Assembly, viz : An act for laying an Excise on Wine & Rum, & An act to prevent the Exportation of Flour not merchant- able, arc referred to Richard Hill, Saml. Preston, the Secretary & Attorney Gen!., who are appointed a committee to confer with a Committee of the House of Representatives upon the said Bills, with Power to make such Alterations & Amendmts. therein as they shall judge expedient, and are ordered to Report the same to the Board. At a Council held at Philadelphia, May 5th, 1722. PRESENT : The Monble Sir WILLIAM KKITH, Bart., Governour. Richard Hill, Isaac Norris, Saml. Preston, Thomas Masters, Henry Brooke, James Logan, Secretary. The Draught of the Message to the Five Nations, as also the Go- ternours Speech to be delivered to our own Indians, yesterday re- commended to be prepared were laid befor* the Board, and the subject matter of both further discoursed of and referr'd to the next meeting ofCouncil. The House of Representatives waited upon the Govr. according to order, and presented for his Approbation a Bill entituled An act for imposing a Duty on Persons convicted of heinous Crimes and im- ported into this Province. PROVINCIAL COUNCIL. 175 To which the Govr. gave his Assent and passed it into a Law of this Province, and ordered the same to be sealed & pubUshed forth- with. The Governr. acquainted the Assembly, that the Bills which were sent him yesterday from their House were referred to a Committee of the Council, & desired that they would appoint a Committee of their House to confer with the said Committee of Council thereupon. At a Council held at Philadelphia, May 9th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Kichard Hill, Isaac Norris, Saml. Preston, Thomas Masters, Ajidvv. Hamilton, Att Genl., James Logan, Secretary. The Secretary from the Committee of Council appointed on Friday last, y" 4th inst., to Confer with a Committee of the House of Re- presentatives upon the Bills then referr'd to them, reported the Amendmts. made to the said Bills, and particularly took notice of the Proposal made by the Committee of this Board, That there be a Clause inserted or added to the Supplementary Act for raising Coun- ty Levies, or in a separate Bill, For making Tickets for Elections distinct. A Bill sent up from the Assembly, entituled An act for the encou- ragmt. of raising Hemp in this Province & making the same Current Pay, was read and considered, to which several Amendments were proposed. Also two other Bills, viz : An act for settling a Ferry at Thomas Yardly's, &c., and An act for Establishing a Ferry at the end of the High Street of Philadelphia, were severally read & Considered ; To theiirstof which The Govr. has nothing to object, only recommends it to the House to review the Language & to give it a Title. As to the other, viz : That for establishing a Ferry at the End of the high Street of Philada. The Goyr. is of opinion that the ferry's now erected & used are sufficient for the present ; That there are divers considerable Works in the City now in Hand which ought first to be finished, & then the proposal may more seasonably be consi- dered. The Governour drew up the following Message to the Assembly, which was read and approved by the Board, and ordered to be sent to the House immediately. The Message was in these words. Mr. Speaker & Gentlemen of the Assembly : After I had received the answer of the Five Nations to our Message from Conestogoe, I did with a due Regard to the publick Justice of 176 MINUTES OF THE this Government, & to what you had recommended to me from your House, give the necessary & proper orders by advice of the Council for committing & prosecuting John & Edmund Cartlidge according to the common Course of the Laws. But still I find that all our just expectations in the Issue of that affair, as well as in accommodating matters with the Indians to Content, are in danger of being frustrated if some Provision is not forthwith made by the Assembly for de- fraying the Charge & Expence that must necessarily attend the putting our Deliberations & Resolutions in Council into Practice. I must therefore desire that your House will now take the follow- ing particulars into your Consideration, &. to acquaint me with your Resolutions thereupon as soon as may be. 1. That before the Govr. can promise to meet the Sachims of the Five Nations at Albany this Summer, as it seems they expect. It is necessary that the Assembly come to a Resolution to support the Charge of that Journey, and of the Presents that must be there made to the Indians upon renewing all our former Treaties of Friendship with them. 2. That the House will please immediately to issue an order upon the Provincial Treasurer, to pay in Course what the Governour & Council thinks proper to be given to the Indians at their Departure, and to confirm what the Governour has now to say to the Sachims of the Five Nations by the Return of the same Messenger. S. That good & creditable men may be readily prevailed with to accept of the Vacancies which are now in the Commission of the Supreme Court, the Assembly will please to declare, whether they will make any allowance by way of Salary to the other Judges as well as to the Chief Justice, »Si how much may be expected for that service. At a Council held in the Court House in Philada., May 1 1th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Govr. Richard Hill, Isaac Norris, Saml. Preston, Colo. John French, Thomas Masters, Andw. Hamilton, Att. Genl. PRESENT ALSO : Edward Farmer & Alice Kirk, sworn Interpreters from the Eng- lish into Delaware, & Civility, Interpreter from the Delaware into the Minguay Language, and many other People & Indians. The Govr. made the following Speech, to be delivered by the Mes- senger Satcheechoe, to the Chiefs of the five Nations, in these words, viz: PROVINCIAL COUNCIL. 177 2d message to ^ Tell my great Brother & good Friend, Saccun* y' 5 Nations. ^ cheuta, and the other Chiefs of the Five Nations, That we have with great pleasure received the Return of our faithful messenger Satcheechoe, and we joyfully accept the four Belts & Strings of Wampum which they sent to us by him. I am glad to find that the Brethren have open &, clear hearts filled with Love &c aflection to their friends here. My heart was indeed filled with sorrow for the Loss of our Brother who is dead, yet since my great friend Sacauncheuta & the rest of the Brethren desire us to wipe away our tears, we will dry them, but our Grief still remains. Our Message from Conestogoe was only sent to Express our sorrow, & not to offer any satisfaction for our Brothers death. We have already taken &, shall continue to pursue tke same measures with the offend- ers as if an Englishman had lost his Lile, but they must be judged by the Laws of our Great King, which make a difference between the case of a man Killed in a Quarrel through lieat of Blood, and when the Design is form'd in the mind before hand to destroy or kill a man. I would rejoice to see any of the Chiefs of the Five Nations here, and I would treat them like Brothers & true friends whom I loved. But I do not find in the written words of the Message sent from Co- nestogoe, by Sacheechoe, which my two Counsellors put down Sl brought back to us, that we desired any of the Chiefs of the great Five Nations to come to us just now. But when I have done what the Laws of our great King directs to be done, for punishing those who have caused us this Grief, then I shall be glad to see any great men that the Brethren will please to send either to Conestogoe or this place, and then every Link of that Strong Chain between us shall be made as bright & clear as the Sun. I would go with pleasure a great way to see my great friend Sa- cauncheuta &, the Brethren at their own habitations. But I cannot travel unless it be upon a Horse or in a Ship, and I am just now very busie with my Assembly making Laws to hinder the Christians from carrying Rum out in the Woods to hurt the Indians, that we may prevent any more occasions of bringing grief into our hearts. The Brethren know very well, that the Governour of Virginia has promised either to come himself or to send Ambassadors to meet them at Albany this Summer ; if therefore, my great ^ good friend the Governr. of New York will p'ease to go to Albany at the same time, I shall be glad to gu along with him, that I may eat, drink, & discourse with all the Brethren faithfull friends to the Five Nations, and so long as they keep their Leagues & Trea- ties with the English Governments, they may be assured & depend upon it that their friends shall be our friends, & so we shall remain as one People together by a Chain that can never be broken. To confirm these words. The Governour has instead of Belts sent to the Sachims of the Five Nations the following things, viz : Five of the finest Calico Shirts, five pair of fine Silk Stockings, five pair of Silk Garters, and five Silk Handkerchiefs. After which, The Governour spoke to the Conestogoe Indians ag follows J Friends & Brothers of Conestogoe : Speech to the> It makes our heaits glad to see how carefull & Conestogoes. 5 diligent you are to brighten the Chain & make it strong between us and your Kinsmen, our good Allies the Five Na- tions. We know the five Nations to be a Wise People but they live a great way off, and many words that we send to them & they send to us may be lost by the way & never told, because the English Interpreters do not understand the Indian Language so well as you. When at any time, therefore, you do not so clearly understand what we say for want of a good interpreter, you must look upon our faces and ob- serve our actions, for by that you will know our hearts and we shall do the same by you. PROVINCIAL COUNCIL. 179 Friends & Brothers of Conestogoe, You are the same flesh and blood with us, and we are all men, sometimes wise & sometimes weak. You Honr. and Esteen:i a wise man amongst you, and so do we. But it any of our people committ a wicked & foolish action our Laws will punish him for it, and he cannot escape or buy it off, with any Ransom. Our Laws are all writ- ten down, and it is the will of our Great King that We obey them exactly even against our nearest Relation or Friend that does wick- edly, otherways we shall be punished ourselves. The chief Law amongst the English is, That when any man, let him be never so great, has done an injury to another man, let him be never so poor. We judge him after the same manner, and inflict the same punishment upon the guilty Person as if he had done the Injury to the greatest man amongst us. It is true. We delayed some time untill we heard from our good Friends the Five Fations. But now you see with your own eyes, That these men who are suspected to have kill'd your Kinsman and our Brother, must be tryed & judged by our Laws in the same manner as if they kill'd an Englishman ; And this is the will of our great King, who loves the Indians so much. That he Commands all his People to do the same Justice to them, and have the same Regard lor them as he constantly does, & shews to his own people on the other side of the great Lake. Whatsoever therefore you hear is done with these men, John & Edmond Cartlidge, do not think that it is done by us as we please, or that we can act after another manner to please any body, for it must be so done by force of the Laws of our Great King that are written down, and we cannot alter or disobey them in the least point, We have heard that it is a Custom amongst you, when an Indian happens to be Killed, that his Relations often demand & expect Money or Goods for satisfaction. But the Laws of our Great King will not suffer any such thing to be done amongst us. We first ex- amine all persons that can tell us the Truth, and if we find that any man who has killed another had thought upon it in his mind, and was resolved to commit that wicked deed, such a man by our Laws must die. But if we understand, that the man who was killed had provoked the other by doing any act whereby he intended to hurt him, so that he suddenly killed the man in his Passion without having time to consider or "think upon it. Our Law will not put such a man to Death the first time he commits that fault, But if he does so a second time by killing another man after the same man- ner, then he will be put to Death by the Laws of our Great King, which Laws must be strictly kept and obeyed without making any difference or distinction between the greatest and the poorest man amongst us. I say all these things to you that you may lay them up in your hearts, and tell them to your People & to your Children, and then they will know us to be just and good men, and that we love them as our own flesh and Blood. 15 180 MINUTES OF THE At a Council held At Philadelphia, May 12th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Govcrnour. Richard Hill, Colo. John French, Saml. Preston, Andr. Hamilton, Att. Genl., Thomas Masters, James Logan, Secretary. Isaac Norris, Several amendments were proposed to the Bill for regulating the Guaging of Cask in this Province. Upon the Consideration that was had of and Reasoning in Coun- cil, upon the Bill entituled An act for Tryal of Felonies committed in such parts df this ProvitiCe of Pensila. as are not yet limited within any particular County. It was generally observed, that the Constitution of the several Courts of Judicature within this Province, would in all respects be more regularly & effectually Established by Ordinance, as they are done in some of our neighbouring Governmts. than by any particular Commissions ; And the Board further consi- dering, that there did not seem to be any immediate want of such a Bill as that now before them, or at least that it could be thought on and prepared to much more advantage, after the Courts are Esta- blished by Law or Ordinance as aforesaid. It is recommended to the Governour to move the House of Representatives by a proper Message, that they will please to Concur in sentiments with this Board upon the same subject. POST MERIDIEM, of the same day. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Saml. Preston, Andw. Hamilton, Att. Genl., James Logan, Secry. The House of Representatives, according to message, waited upon the Governour and presented the following Bills, which he passed into laws of this Province, viz: Laws > An act for laying a Duty on Wine, Rum, Brandy & Spi- Pass'd. \ rits, Melassoes, Cyder, Hops &> flax, imported, landed, or brought into this Province. An act for laying a Duty on Negroes imported into this Province. An act laying an Excise or Duty on all Wine, Rum & other Spi- rits, retailed in this Province. An act to prevent the Exportation of Flour not merchantable. An act for the Encouragemt. of making good Beer, & for the con- sumption of Grain in this Province ; and A supplementary Act to the act for the more effectual raising of County Rates & Levies. PROVINCIAL COUNCIL. 181 At a Council held atPhilada., May I81I1, 1732. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Anthony Palmer, Saml. Preston, Andrew Hamilton, Att. Genl., Thomas Masters, James Logan, Secretary. Isaac Norris, A Bill from the House of Representatives, entituled An act for Establishing Courts ol Judicature in this Province, was read, & several Amendmts. being proposed to it by the Board, the said Bill is referred to Richard Hilt, Isaac Norris, the Secretary & Attorney Genl, who are appointed a Committee to make their Obser- vations & Amendmts. thereupon, & to Report the same to the Board, as also there Amendments to the Bill, entituled An act for Encouraging the raismg of Hemp in this Province, which is likewise referred to the said Committee- Then was read a Bill, entituled An act for regulating the Gunging of Cask in this Provice. To which Bill several Amendments were proposed, As to the Bill entituled, An act for settling a Ferry at Solebury, in the County of Bucks. It is recommended to the House of Representatives to alter some parts of the stile, especially in the Preamble, and to amend it accord- ing to the Form used in former Bills of that kind. At a Council held at Philada., May t9th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Andr. Hamilton, Att. Genl., Thomas Masters, James Logan, Secretary. Isaac Norris, A Bill entituled. An act to prohibit the selling of Rum and other strong Liquors to the Indians, and to prevent Abuses that may happen thereby, was read & considered, and several amendments proposed thereto. At a Council held at Philada., May 22d, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris, Samuel Preston, Thomas Masters, Andrew Hamilton, Att, Genl., James Logan, Secretary. Robt. Assheton, Esqr., > Robert Assheton, Esqr. having been sus- recalled to Council. 5 pended from the Council Board, by the 182 MINUTES OF THE Governours order in Council, Novr. 7th, 1719. And the Govr. by his Letter of the 18th inst., having for the Reasons therein mention- ed, been pleased to desire his Attendance at this Board as formerly, the said Robert Assheton attended and took his place at the Board accordingly, very much to the satisfaction of all the other members present. Wm. Assheton, Esq. ) William Assheton, Esqr., Judge of his Called to Council. \ Majesties Court of Vice Admiralty for this Province, being called to this Board, by virtue of the Govrs. Letter of the 18th instant, gave his Attendance accordingly, and after his being qualified as the Law requires, & also having taken the Oath of a Counsellor for the Province of Pensilvania, & Counties of New Castle, Kent & Sussex upon Delaware ; He took his place at the Board. The Govrs. Letters to the said Robert & William Assheton, Esqrs., having been severally read at the .Board, were ordered to be Entered on the Minutes, & were as follows: Sir William Keith, Bart., Governonr of the Province of Pensilva- nia, &c. To Robert Assheton, Esq., Recorder of the City of Philadelphia. Sir, There being no person here that I know of, who is vested with any sufficient or Authentick Powers to take Charge of the Proprie- tors Interest & Estate in this Province, and I being desirous to have the Vacancies at the Council Board filled up with such as are Rela- ted to the Proprietors Family, in order to give me their best Advice on all occasions where that Interest happens to be concerned. I have therefore thought fit to desire you will, upon Receit hereof, give your Attendance at the Council Board in your usual place. And to that End I do hereby Annull & make void all former Orders that have been made for suspending you from the service unto which you are now called. Given under my hand & the Lesser Seal of the said Province, at Philadelphia, the isth day of May, Anno Dom., 1722. W. KEITH. Sir William Keith, Bart., Governour of the Province of Pensilva- nia, &c. To William Assheton, Esqr., Judge of his Majties Court of Vice Admiralty for the said Province. Sir, The great Trust you have in Charge from the Crown as Judge of his Majties Court of Vice Admiralty in this Province, your near Re- lation to the Honble Proprietors Family, and the Observation which I have made of your merit and skill in the Knowledge of the Laws, do sufficiently recommend you to me as a very fit person to Assist PROVINCIAL COUNCIL. 188 me in iho Council of this Province, I do therefore hereby Nominate &; Appoint you, the said William Assheton, Esqr., to be a member of the Council from this date. And you are required to give your Attendance, in order to be Qualified, and take your place at the Board accordingly. Given under my hand & tlie Lesser Seal of the sd. Province, at Philadelphia, the 18th day of May, Anno Dom., 1722. W. KEITH. The Govr. laid before the Board, a Bill from the House of Pvepre- sentatives for raising the price or value of English Money & Dollars; Whereupon, the following Observations were made. To that of the English Money being raised. It is expressly against the act of Parliamt. for regulating the value of money, And therefore to Pass it would be doing an act directly against the Kings Charter to the Proprietor. To that ibr raising of Dollars, it is evident, that unless the Gold be also raised. We shall have Dollars brought from our -^.eigbouring Provinces, and given to us in exchange for Gold, so that We shall lose that Species of Coin which has an intrinsick value in it, and have nothing left but a parcel of Dollars, the value of which cannot be known because of the great abuses committed in the making of Dollars. It is therefore ordered that the said Bill be returned to the House with these Observations thereupon. And that it be delivered to the House as the opinion of this Board, that should the said Bill be passed into a Law of this Province, very great Inconveniences would ensue therefrom. In the Evening of the same day the House of Representatives waited upon the Governr. in Council, Who at their Request gave his assent to the Six following Bills, viz : Laws } An act for Establishing Courts of Judicature in this Pro- passed. ^ vince. An act to prohibit the selling of Rum & other strong Liquors to the Indians, & to prevent Abuses that may happen thereby. An act for encouraging the raising of hemp within this Province. An act for settling a Ferry at Soleberry, in Bucks County, over Delaware to New Jersey. An act to erect & establish a Ferry on the Lands of Thomas Yardly, of Makefield Township, in Bucks County; and An act for regulating the Guaging of Cask in this Province. The Speaker, by order of the House, gave the Governour the thanks of the House for Passing the said Bills, and presented him with an Order on the Provincial Treasurer for £500. After which, VOL. HI. 184 MINUTES OF THE the Govr. made the following Speech, and delivered the same to the Speaker as follows. Mr. Speaker & Gentlemen of the Assembly -. Speech to the ? When we Reflect upon the accidents & Difficulties Assembly. 3 that have occurr'd to us during this Assembly, and the Candid friendly Intercourse & manner by which they have been at last happily composed. We must perceive & be convinced, That not only the Form of Civil Government, but even Justice itself cannot be upheld & duely Admlnistred, without such a Share of humanity & Condescention as is necessary to beget a sincere confidence be- tween Me & the Representatives of the People. Every just & good man, before he undertakes any office in Go- vernment, ought well to consider the End & Design of that Trust wherein he is to be employed, which He will constantly preferr to all other views or appendent Advantages whatsoever. It being there- fore the Purport «Sj Natural Tendency of all Civil Governmeut To Promote the Prosperity and to Secure the Peace and Happiness of the Governed, And we being convinced by Right Reason as well as instructed from Experience, That there is not any better means ean be proposed for attaining this End, Than by adhering steadily to the Execution of that Body of Admirable Laws, which have been com- posed & so carefully transmitted to the Brave & free People of Eng- land, by the Wisdom of their Ancestors it follows. And so I hope we shall ever Conclude, That the safest & most satisfactory way to promote & secure the Peace & Happiness of the Good People of Pensilvania, will be to administer Impartial Justice 'in all cases what- soever according to the known and Established Laws of the Land ; And as this will be our best and surest Defence against the outrages of the Wicked, so this excellent plain Rule, will one time or other most certainly bring to Light and overcome the hidden dark Projects & mistaken wisdom of ill designing men, if there be any such amongst us. Gentlemen : I heartily thank- you for the support you have given me this year, and while I am Conscious to myself that I have in all things relating to the Duty of my present Station Faithfully served the King, and at the same time have omitted no opportunity to main- tain, Establish and Transmit to Posterity the Just Liberties and Privileges of the Free People whom you represent, I shall never doubt their ChearfuU Inclinations and hearty good will, to grant me from time to time an Honble and Reasonable Support. Then the House of Representatives withdrew, & the Council w?^ adjourned. PROVINCIAL COUNCIL. 185 At a Council held at Philadelphia, May 28th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, Antho. Palmer, Robert Asshe'on, Thomas Masters, Andrw. Hamilton, Att. Genl. William Assheton, James Logan, Secretary. Upon Consideration of the State of the Magistracy of this Pro- vince, & of the Forms of the several Commissions by which they are empowered to Act in their Respective Stations, It is judged ne- cessary that Commns. of the Peace be forthwith Issued by the Govr. for the Respective Counties of this Province; And the Board is of Opinion, that the Forms heretofore used before the late Repeal of the Laws for establishing Courts of Judicature in this Province, will be a good precedent for the Draught of the said Commissions. New Comm'ns > Accordingly the Govr. was pleased with the ad- of the Peace. 5 vice of the Board, to Nominate Gentlemen to be his Majties Justices of the Peace for the respective Counties of this Pro- vince, and ordered the Commissions to be prepared forthwith. Elisha Gatchel, Esqr., one of his Majesties Justices of the Peace in Chester County, presented to the Board an Accot. of £4, 2, disbursed by him in part of the Charge of two Expresses sent by the Govr. of this Province to the Govr. of Maryland last Winter & Spring, occa- sioned by some injuries done to the Inhabitants of Nottingham Township, in Chester County, by some people from Cecil County, in Mary Land, under pretence of Levying Taxes there by virtue of Warrants from Maryland, &c., and there being also due to William Reynals £4, 10, for going to Anapolis as one of the said Expresses, for which the Govr. gave him an Order on the Treasurer of Chester County, & is not yet paid. Hereupon, it was the Opinion of the Board, that the said Expres- ses having been dispatched upon the motion, and for the immediate Service ^ Security of the Inhabitants of Chester County, & the Taxes of the sd. County being considerably increased by their Col- lections from Nottingham Township, it is therefore reasonable that the Charge of the said two Expresses, being only £8 12, should be paid by the sd. County of Chester, & not be Charged as a Debt upon the Province. Philip Syngs^ Philip Sjng, of Philada., Silversmith, having been atfair. ^ yest-^rday Committed into the Custody of the Sheriff of Philada., by the Govrs. Warrant, grounded upon the Affidavits of Robert Baker and James McClean, taken before Francis Worley,Esqr, one of his Maties Justices of the Peace for the County of Chester, at Conestogoe, the 21st of May inst., Whereby it appears that the said Philip Syng, upon the 20th inst., did say, that the Tract of Land upon the West side of Susquehannah, lately Surveyed by Wiliiam 186 MINUTES OF THE Keith, Bart., Governour of this Province, did belong to him the said Philip Syng & Company, by a Mary Land Title, and That the said Tract of Land was lately Surveyed by his Order & for his use by a Surveyor from Mary Land, thereby endeavouring as mucli as in him lyes, not only to defraud the Propr. of this Province of his just Rights, but also to create a misunderstanding between this Govmt. and its good Neighbours of Mary Land, and to disturb the Indians settled upon Sasquehannah River under this Governmt. at this Junc- ture, when it is requisite to give them all possible Satisfaction- And the Sheriff being ordered to attend with his Prisoners, He was called in, and being examined upon the matters alledged agst. him in the before Recited Affidavits, made Answer to the several Interrogatories put to him, as follows. Q. Have you surveyed any Lands by virtue of a Mary Land Right upon the West Bank of Sasquehannah, viz ; that place known by the name of the Mine ? A. I have. Q. How much Land did you then Survey ? A. Two Hundred Acres. Q. By what Surveyor? A. John Dussey, a Surveyor in Mary Land. Q. How came you to think that place was in Mary Land / A. I was informed so. Q. When the Govr. met with you on the 4th of April, at Patti- sons, had you then made this Survey ? A. No. Q. Did not the Governour then acquaint you that that place was not within the Limits of Mary Land, and that if you presumed to make any Survey then He would Committ you ? A. I do remember that the Govr. said if he had found us there it would have ammounted to a severe Fine, but as to the rest I have forgot. Sic Subscr. A. Hamilton. Then the sd. Philip Syng was ordered to withdraw. Philip Syng ^ Upon Consideration of the premises, Richard Hill. Committed. ^ Esqr., one of the Judges of the Supreme Court, being present, it was moved that he should Avithdraw & Commit the said Philip Syng into the Sheriff's Custody, in order to be prosecuted ac- cording to Law, which he did accordingly. The Clerk produced the Returns of two several Roads, viz : one from the Govrs. Settlement at Horsham to the New York Road, and the other from the Intersection of the New York Road with the Division Line between the Counties of Philada. and Bucks, which being read and approved. The said Roads by Order of the Board are Confirmed. PROVINCIAL COUNCIL. 187 The Returns are as follows, vizt : April £3d, 1722. Pursuant to an Order of the Govr. and Council, to lay out a Road from the Governours Settlempnt, in Horsham, to the Meeting House there, and from thence to New York Road at Round Meadow Bridge. We, the underwriters, have laid out the same according to the Surveyors Return hereunto annex't. ROBERT FLECHER, PETER CHAMBERLIN, RICHARD CARVER, THO. lUEDELL, JOHN BARNES, ELLIS DAVIS. Horsham Road ^ April 23d, 1722. Laid out a Road according Confirmed. ^ to the Direction of a Jury appointed to lay out the same : Beginning at the Governours new Building, in Horsham, in the County of Philadelphia ; Thence South forty six Degrees West- erly forty three perches ; Thence South forty lour Deg. Easterly Ninety seven perches ; Thence South Seven Deg. Easterly One hun- dred forty eight perches ; Thence South East forty eight perches ; Thence South forty Deg. Easterly One hundred seventy seven per- ches ; Thence South four Deg. East One hundred seventy eight per- ches ; Thence South ten deg. West forty six perches ; Thence South •Sixty Deg. East Thirty two perches ; thence South Six Deg. East twelve perches ; Thence South thirty two deg. East Ten perches ; Thence South thirteen Deg. East eighty four pers. to the Meeting- house; Thence South four Deg, East eighty six perches; Thence South East Thirty two perches ; Thence South Sixteen Deg. East Sixteen perches ; Thence South Eight Deg. West One hundred per- ches ; Thence South twenty Deg. West twenty four perches; Thence South four deg. East twenty six perches ; Thence South fourteen deg. East One hundred perches ; Thence South five Degrees East Ninty two perches ; Thence South Sixteen East Thirty six perches; Thence South Ten West Forty perches ; Thence South Eighteen perches ; Thence South thirty four Deg. West fourteen perches ; thence South fifteen deg. West Six perches ; Thence South fifteen deg. East Fifty two perches ; Thence South five deg. West seventy eight perches; Thence South ten Deg. East Ninety five perches ; Thence South twenty two deg. East Seventy six perches To New York Road at Round Meadow Run, NICHO. SCULL. April 24th, 1722. Then run out a Road, beginning at the Inter- section of New York Road with ihe Division Line, between the Counties of Philadelphia & Bucks ; Thence North West along the sd. Line One Thousand Two hundred Seventy four Perches to a Black Oak tree standing by a Path leading from Richd. Sanders Ferry, on Neshamony Creek, to Edward Farmers, Miller. NICHO. SCULL. 188 MINUTES OF THE Pursuant to an order of the Govr. 6l Council, To Lay out a Road t rom the Intersection of the New York Road with the Division Line between the Counties of Philadelphia & Bucks, and from thence up- ward as far as we should judge Convenient. We have accordingly Laid out the said Road according to the above Return of the Survey- or, as Witness our hands, this 24th of April, 1722. PETER CHAMBERLIN. RICHARD CARVER, THO. IREDELL, JOHN BARNES, ELLIS DAVIS. At a Council held at Philada., July 2d, 1723. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Robert Assheton, Samuel Preston, Thomas Masters, Colo. John French, Wm. Assheton, Andw. Hamilton, Att. Genl., James Logan, Secretary. Isaac Norris, The Govr. having sent a Letter by Express from Conestogoe, the 18lh of last month, to the Gentlemen of the Council here, the said said Letter with the Councils Answer to the same were read, and are as follows. Govrs. Letter to the ? To the Gentlemen of the Council at Phi- Gentln. of the Council. 5 ladelphia. Gentlemen : Finding the Indians, since I came last here, to be very much alarm'd with the noise of an intended Survey from Mary Land, upon the Banks of Sasquehanna, I held a Council with them at Conestogoe, upon Friday & Saturday last, wherein I proposed to them to Cause a large Tract of Land to be surveyed on the other Side of that River for the Proprietor, to begin from the Upper Line of my New Settle- ment six miles back, & extending downwards upon the River as far as over against the mouth of Conestogoe Creek. They were all exceedingly pleased with this Proposition, and pressed to have it immediately done, which I fully designed as soon as I got home with the Assistance of your Advice, & accordingly I set out yesterday morning to Return to Philadelphia bj way of New Castle, and after I had rode twenty miles to a place called the long Marsh, I received the inclosed Letter by Express, that inform'd me the Mary Landers were to set out for Sanquehanna this day. Upon consulting with Colo. French, who has been with me all along, I PROVINCIAL COUNCIL. 189 ycturned immediately to this place, with a Resolution to go over Sasquehanna & see tlie above Survey made and run out directly, and I purpose to begin it to morrow morning, and to cause a Return thereof to be made to thfe Governour & Council. In the mean time, I have directed a Company of the Militia from New Castle to march to Ouchteraroe, where they are to wait for my further orders. And because the Magistracy every where are at a loss what measures to follow in Cases of this nature, for want of being instructed, how far their Powers and Authorities may Reach. I am fully determined with your Advice to take this opportunity of running the old Auch- teraroe Line as far West as the Branches of Patowmack, for accord- ing to my present view of their proceedings in Mary Land, I cannot think of any other eflectual method for preserving the Peace. I will, however, wait for your Sentiments m a matter of such impor- tance, & I desire your Answer with all speed to be sent to me if you think fit by some of your own number. There bemg no bread Corn to be had in these parts, I desire you will concur with me in directing the Provincial Treasurer to hire a Waggon, & Send up directly 1000 wt. of Bread, 3 Bushels of Salt, &c 40 Gallons of the best Rum, with Sugar proportionable. I remain. Gentlemen, Your very humble servant, W. KEITH. From Francis Worley's, near Conestogoe, June 18th, 1722. P. S. As soon as I receive your Answer I purpose to send an Ex- press to the Governor of Mary Land. THE ANSWER. May it please the Governr. : In obedience to a Summons, We met this morning to receive the Governours Commands, upon which George Barclay communicated a Paper from the Governour directed to us upon several heads, which having duely considered as far as they concern this Board, We humbly offer our Sentiments of them as follows. As the Govr. has since his Accession to this Governmt. given evident proofs of his Abilities in managing the Affairs of the Pub- lick. We shall not here take upon us to form any judgment of his Treaties with the Indians on matters with which We cannot at this distance be duly acquainted, But undoubtedly it will be of Service to keep the Notions of these people right in relation to any Incroach- ments made or intended by Mary Land, nor can we conceive that it lies before us as a Council of State to Concern ouri^elves with Sur- veys of the Proprietors Lands. The Govr. has the best reason to be acquainted with his Powers & Instructions in those affairs to which we must wholly refer Him. As to running a Line from the mouth of Octararoe Westward to Patovvmeck, since it is a matter of such a nature asmav Concern the 190 MINUTES OF THE peace of the Publick, We think it our Duty more freely to speak it, and most say, That could it be done by Concert between the Governrs. of both Provinces and fixed as a Boundary by Consent, not to be passed till such time as the Division Line is settled by either side, VVe believe it would be very happy and contribute much to the tranquility of the whole ; But if that cannot be done, we are appre- hensive that the Attempt at this time might only occasion further Disturbances without proving any manner of Security. By the Govrs. prudence & Care a very good understanding has hitherto been maintained between the two Govermts. of Mary Land by North to a Black Oak mark'd S. P. twelve miles ; from thence East North East to Sir William Keiths weitern Corner Tree in the woods Eight miles ; from thence along the South East and North East Lines of tiie said Sir William Keith Tract called Newberry unto the River Sasquahanna again, and from thence along the River Side to the place of Beginning, The whole containing Seventy five Thousand five Hundred & Twenty acres, according to a Plan thereof hereunto annexed, all which is humbly submitted by Yr. Excellency's Most humble & obedient Servants, JOHN FFRENCH, FRAN. WORLEY, JA. MITCHELL. At Newberry, June SUt, 1722. Which proceedings of the Governour, so far as they Concern or touch with the Proprietary Affairs of this Province, are judg'd by the Council not to lie before this Board, Colo. French only, to whom the Warrant of Survey was Directed, Declared that as he had been a constant Witness to the Govrs. late Transactions with the Indians at Conestogoe, and by virtue of the Govern rs. Warrant (wherein the true Reasons and Motives for such a procedure are amply (V. truly set forth) to him directed for that purpose, has Survey'd the Manner of Springets Bury, He was humbly of opinion, that the Govr. had acted with great Prudence & Caution in pursuing the only effectual measure which the present Situation of affairs would allow, for quiet- in"- the minds of the Indians and preserving the public peace ; And since the Honble S[)rin u ni.\- r • • . Esq rs., Commis- Peter Van Brugh, Philip Livingston, l • r .u t r , r, , = T 1 111 . ^ sioners of the la- Joba. Cuylcr, Job. Bleccner, 1 j- . cr • u 1 u T 1 /- 11- dian Anuirs. Hend Hanse, John Collins, J Interpreted by Lawrence Claese into Dutch, & rendered into Eng- lish by Robert Livington, Tanachiiha being Speaker. Brother Onas : (Which signifies a Pen in Ihc Language of the fiive Nations, by which eametliey cull the Govrs. of Peiisilvania since it was first set- tled by William Pcnn.) You told us in your pioposilion, some days ago, that you was come a grrat way to .see us of the ffive Naticms. We thank you for your good will lo us, & are very glad to sec you here in good health, and we hope a good understanding and Agreement will be made & concluded between us. You told us also, that you are come to renew the Covenant Chain that has been made between us so long ago, (vcn at the first Settling the Province of Pensilvania, and to brighten the chain, and to re- move and d) away any spot of liust thnt may be grown upon it since our last Meeting &. Conference at Conestogoc. Brother Onas: You have told lis ihat at that time you brightned the Covenant Chain between us. that it might be clear and lasting as the Sun and Stars in Heaven, for which we thank you, and we being now all present, do, in the most solemn and i)ublic manner, renew the Covenant and brighten the Chain made between us, that the Lustre thereof may never bo ()!)^ciircd by any Clouds or Darkness, but mav shine as clear aud last as Ion' as the Sun in the Firmament. PROVINCIAL COUNCIL. 211 Brother Onas : You have likeways told us how that William Penn, who was a good man, did at his first Settlement of the Province of Pensilvania make Leagues of fiViendship wi:h the Indians, & treated them like Brethren, and that like the same Good man lie left it in Charge to all his Governours whoshoidd succeed him, and to all the people of Pensilvania, that they should always keep the Covenant & Treaties he had made with the ffive Nations, and treat them with Love and Kindness. We acknowledge that his Governours and People have always Kept the same honestly and truly to this day. So we on our parts always have Kept & forever shall Keep firm, Peace & tfriendship, with a good heart to all the people of Pensilva- nia. We thankfully receive & approve of all the Articles in your Proposition to us, and acknowledge them to he good and full of Love. We receive &; approve of the same with our whole hearts, hecause we are not only made one people by the Covenant Chain, but we also are people united in one head, one Body &l one heart, by the strong- est ties of Love &. friendship. Bro her Onas: You desire there may be a perpetual Peace &, ffriendship between you and the five Nations, and between your chil- dren and our children, and that the same may be Kept as long as the Mountains & Rivers endure ; all which we like well, and on our part desire, that the Covenant and Union made with a clean & true heart, between you and us may last as long as the Sun and Moon shall continue to give Light, and we will deliver this in Charge to our Children, that it may be Kept in Remembrance with their Chil- dren and Cliildrens children to the latest ages ; And we desire that the Peace and Tranquility that is now established between us may be as clear as the Sun shining in its Lustre, without any Cloud or Darkness, and that the same may continue forever. Brother Onas : We have well considered all you have spoken, and like it well, because it is only the renewing of former Leagues and Treaties made between the Government of Pensilvania & us of the five Nations, which we allways beleived we were oblir'ged to keep ; And as to the accident of one of our friends being Killed by some of your People, which has happen'd by misfortune and against your will, We say, that we are all in Peace, we think it hard the persons who killed our friend & Brother should suffer, and we do in the name of all the five Nations forgive the offence. & desire You will likewise forgive it, and that the men who did it may be released from Prison and set at Liberty, to go wither they please, and we shall E-^teem that as a mark of Regard and fiViendship for the five Nations, and as a farther confirmation of this Treaty. Brother Onas : We say farther, we are glad to hear the former Treaties we have made with William Penn repeated to us again, and renewed b^ you; and we esteem and love you as if you were Wil- liam Penn himself. We are glad you have wiped & covered the Blood of our dead friend & Brother, and we desire the same may be forgot, so as it may never be more mentioned or remembred. 212 MINUTES OF THE It is needless for us to answer every particular of your proposi- tion, because we acknowledge the whole to be fjood ct acceptable to us, especially your good advice which we will always remember, and in testimony thereof, and as a full confirmation of our Agreemt., Consent & approbation of all that you have proposed, & we have here said & promised. We lay down a few Beaver, Bear & dress'd Deer Skins, & so concluded. Then the Govr. expressed his Satisfiiction with their Answer, and gave them thanks for their good will dt love to him and the People of Pensilvania. The Indians then desired to know of the Gnvemour, if the men who were in prison for Killing their friend and Brother were Dis- charged? to which the Govr. answered, that they were let out upon Bail. They then desired that the men might bo discharg'd, to which the Govr. ansv\'ered, that as soon as he returned to Philadelphia he would give such orders in that atVn'w as should fullv answer the Re- quest of the five Nations, in order to confirm the ffricndship that is 80 happily renewed & establi hed by this Treaty. A true Copy, examined by PHILIP LIVINGSTON, Seer, fur Indian Affairs. The Chiefs of the Indians express'd a yreat affection for the Govr. &. the people of Pensdvania, and it api.rarcd that Sutcheechoe had faithfully discharged his Trust in hoth (he Messages sent by him. When our Interpreters were coming away the Chiefs informed them, that they had something further to say to the Govr. upon which they were detained. The next d;iy, the 14th of Sepfr., the Gov. received at his Cham- ber the Ten Chiefs of (he five Natiuns, being t>\o from each, together with two others said to be of the Tuscororoes. and by the interpre- tation of Lawrence Claese, public Interpreter for the Indians, in the presence of Philip Livingston, Secretary for Indian affairs at Albany, both whom our Govr. desired to be present, the}' spoke as follows : Brother Onas : We here now freely surrender to you all those Lands abcut Co- nestogoe which the five Niilions have claimed, and it is our desire that the same may be settled with Christians, in token whereof we give this String of Wampum. Brother Onas: According to the best understanding we have re- newed at this time with you all former treaties between Your people and us, we therefore expect, that if any of our people come to Trade at Philadelphia you will order that tiiey be received like Brethicn, and have the Goods as cheap as possible; So we wish you all pros- perity and a good journey home. Now we are going to depart from one ^mother. We your brethren, theSachimsof the five Nations, desire that you would give us some PROVINCIAL COUNCIL. 213 Provisions to help us on our journey, on which they gave two small bundles of Beaver and dress'd Skins. SIR WILLIAM KEITH'S ANSWER. Brethren : You know very well that the Lands about Conestogoe, upon tlie River Sasquahannah, belong to your old friend & kind Bro- ther William Penu ; nevertheless, I do here, in his name, kindly accept of the offer & surrender which you have now made to me, because it will put an end to all other Claims & Disputes if any should be made hereafter. Brethren : I understand as you do, that we here at this time re- newed all former Treaties between the five Nations & Pensilvania, and considering how well you are provided with Goods at Albany, 1 think Philadelphia will be i'ar outof your way to Trade, but as often as any of your People come to us in Love and friendship, they shall be treated like Brethren. I am not able to provide for you here as if I were at Home, but I will order some Bread to begot for your particular use, and I hear- tily wish you well home to your own fiamilies. And the said Gentlemen informing the Board, that it would be agreeable to the Governours inclimations that the said Papers were published, which he had desired them to signify to the Board, to whom he leaves it to consider of the use & service thereof. It is therefore ordered, that for the Satisfaction of the Inhabitants of this Province the said Speech & Answer be forthwith published in Print, with a proper Introduction thereto, to be prepared by , & communicated to this Board for their Approbation before the same is delivered to the Printer. The Secretary communicated to Board a Letter he had received from the Govr. of this Province, dated at Albany the — instant, in- forming him that Colo. Spotswood, Govr. of Virginia, then with him at Albany, had resolved in his Return homeward to Hold a Treaty with our Indians at Conestogoe, wither our Govr. designed to ac- company him, and therefore desires the Secretary to give Notice by James Le Tort, and Smith the Ganawese Indians, to the Chiefs of the four Nations of Indians settled upon Sasquahannah River, viz: the Mingoes or Conestogoe Indians, the Shanavvese, the Ganawese & the Delawares, to be ready to meet Colo. Spotswood &, him at Conestogoe in the beginning of October ; But James Le Tort, and Smith the Indian, not being returned from Albany as the Govr. ex- [)ected, the said direction of the Govrs. is at present impracticable. And further, this Board is of opinion, that they cannot concur in in directing our Indians to meet the Govr. of Virginia at Conestogoe, until! this Government is ax^quainted with the End & Design of the eaid nieetin';. 214 MINUTES OF THE At a Council, 8br. Sd, (fee, & at a Council held at Philadelphia. Octr. 3d, 1722. PRESENT : The Honble Sir WILLRM KEITH, Bart., Governour. Isaac Norris, Samuel Preston, Antho. Palmer, Robert Assheton, Willm. Assheton, James Logan, Secretary- This being the first meeting of the Council since the Govrs. Re- turn from Albany, the Govr. expressed his satisfaction in seeing the members of his Council together at this time. He acquainted tliem, that finding upon his arrival at New York that Colo. Spotswood, Govr. of Virginia, had by a Letter from Sandy Hook, thought it proper to desire leave of Colo. Burnet, Govr. nf New York, to Ireat with the Indians of the ffive Nations at Albany, and that Colo. Burnet expected an application of the same kird on the part of this Govermt. He had therefore thought it expedient to follow the example of Colo. Spotswood, and had accordingly applyed to the Govr. of New York for his leave to Treat with the Indians of the flive Nations, at the same time with the Govr. of Virginia, which he did by the following letter now read at the Board. New York, Augst. 13th, 1722. Sir, The Province of Pensilvania being happily situated between his Majestys Govermts. of Virga. & New York, it has been my greatest care to regulate the managemt. of the Indian Affairs in that Colony, so as to render the peaceable Disposition of the Inhabitants accept- able to the Indians, and consistent with the concerted measures and wise conduct of the neighbouring Provinces. So soon therefore as I understood that Colo. Spotswood, the Govr. of Virginia, intended, with your Approbation and Concurrence, to hold a Treaty with your Indians of the ffive Nations at Albany, I called the Assembly of Pensilvania together, and it is by their Advice that I am now come, accompanied with some fev/ members of my Council, to entreat that with Yr. Excellencys permission, and in your presence, I mav be allowed to renew upon this occasion, at Albany, the Leagues of fTriendship that have formerly been made between the Province of Pensilva. and the ffive Nations. The unhappy accident of an Indian being lately Kill'd in the Woods by some of our Tra- ders, and the renewing our former Instances with this Governmt., to prevent, if possible, the ffive Natioag. from going to War, and making a Path through our Settlements upon the River Sasquahanna, are the principal points on which I purpose at this time to speak to your Indians, and as I have not any thing to offer but what I have reason to believe will perfectly agree with Yr. Excellency's sentiments & those of yr. Council, I am encouraged to hope you will favourably receive this application from, Sir, Your most Obedt. humble Servt. W. KEITH. PROVINCIAL COUNCIL. 215 In answer to which he received the Governour & Council of New Yorks Approbation of his intended Treaty with the Indians, declared in the following Minute of the Council of that Province, now laid before the Board, viz : At a Council held at Fort George, in New York, Augst. 13th, 1722. PRESENT : His Excellency WILLIAM BURNET, Esqr. Captain Walter, Mr. Harrison, Colo. Beekman, Doctr. Colden. Mr. Barberie, His Excellency communicated to this Board a Letter from the Go- vernour of Virga., dated from on Board his Majesties Ship Enter- prize, at Sandy Hook, the 9th instant ; as also a Letter from the Governour of Pensilvania, Dated at New York this day, signifying their coming hither tosettle a right understanding, & to establish a lasting Peace between his Magties Subjects in their Governments & the five Nations of Indians belonging to this Province ; Upon which, the Council desired his Excellency to assure the Governours of Virgt. & Pensila. that this Board shall think it a great Honr. & Happiness to Confer with them on the best measures to be taken with the live Nations at this time to secure a General Peace between them & the Indians & these neighbouring Colonies, That they ai'e highly satisfied with the just & honble Intentions expressed in the Letters which his Excelly has communicated to them, & shall be very ready to concur in every thing that shall be for the Safely & Prosperity of the Common British Interest in America. To which His Excelly agreed intirely, & promised to acquaint the Govrs. of Virginia & Pensilvania with the unanimous Sentiments of this Board. By his Excellency & Council, in Council, IS. BOBIN, D. CI. Con. That pursuant to the Desire of the Govr. & Council of N. York, the Governour of Virginia & himself, with Colo. French &; Mr. Ha- milton, (Mr. Hill (fe Mr. Norris not being then arrived) did meet at an appointed Conference with Colo. Burnet & his Council, where our Govr. delivered himself to this purpose. That the Points on which he now came to Treat with the five Na- tions were already communicated to His Excelly & the Council, by his Letter of yesterday. That the first, viz: the Death of an Indian was an accident that might have happened any where, & therefore it was only necessary for him to satisfy the Indians that the Govmt. of Pensilvania was very sorry for it, «fe had caused the offenders to be put into the Hands of Justice. As to the other Point, viz : That some measures be taken 18 216 MINUTES OF THE to prevent the five Nations from taking their Warlike Coursftf through Fensilvania to the Southward, it was the more necessary because the Conestogoe Indians were formerly a part of the five Na- tijn-! called Mingoes, and speak the same Language to this Day ; That they actually pay Tribute now to the five Nations, and either from natural affection or Fear are ever under their Influence & Power; Hut that he hoped the Virginia act which had been read would have a good Effect to obtain this End, by restraining all the northern Indians from proceeding any more that way to the South- ward. He observed with how much Prudence & Caution Mr. Penn has formerly purchased all the Lands on Sasquahannah from the Five Nations, by n)enns of Colonel Dungan, then Govr. of New York. How many Treaties has been held with these Indians both at Phi- ladelpa. & Conestogoe, That the ffricndship between them had been inviolably preserved to this day, and he did not know that the Five Nations could be charged with any material Breach thereof. As to the Indian Trade, Sir William said, He believed no person from Pen- silvania had ever yet attempted to Force any Trade with the five Nations, but on the contrary, it appeared that Province was altogether indifferent about it, sii.ce it was so earnestly desired that these In- dians might forbear to Pass through their Settlements on Sasque- l.anriah. Nevertheless, it being a !«ubject that he did not understand, nor ever be intended to be particularly concerned in, He desired to be excus'd from enlarging further upon it at this time, and the rather because it was no part of his Business now with the Indians of the ffive Nations. The Secretary informed the Governour, that Richard Hill & Isaac Norris, (two of t!ie mpmbers of Council who had accompanied the Governour to Albany) had, in obedience to the Govrs. orders to them Communicated to the Council next day af er their arrival here, the Governours Negotiation with the Indians at Albany during the sd. Gentlcmens stay there. Whereupon, the Governour said that he reeded onlv take Notice to the Board of what farther Conference he had had with the Indians after the said Gentlemen's departure from Albany homewards, viz: on the 14th of September, the same is N. B. inserted in the preceding minutes ol Septr. £lst, as it was taken from the prmted Copy. The Govr. communicated to the Board a Letter he had this day received from Colonel Spotsuoud, Governor of Virginia, now here, Icing in the following words: FniLADELPHrA, Oct. 2, 1722. Sir : About two years ago I had the Honr. of a Letter from you, x\ ilh two Belts of Wampum from the Indians of your Province, V hereby they proposed a Peace with the Indians of Virginia, and tl'.at thereafter they should on both sides forbear all Courses to molest one another. Upon receit thereof, tke Chiefs of all our Indian Na- tions were assembled before rre in ('ouncil, where they solemnly engaged never ailer to Pass to the northward of Patowmeck River, PROVINCIAL COUNCIL. 217 ©r westward of the high Ridge of Mountains which extend all along the Frontiers of Virginia, without a Passjiort from the Governour of that Colony, provided the Indians bcinngino- to the other British Co- lonies to the Northward of Virginia would reciprocally promise never to Pass to the Southward or Eastward of the said Boundaries, with- out a Passport from the Governour of ihat Province, to which they should respectively belong, and our Indians, as a Testimony of such their Engagement, returned two Belts to your Indians, which I con- veyed to your hands last March was a twelvemonth. At the same time I sent another Celt to the five Nations with the very same Proposition, and now I have been at Albany to treat there with those Indians upon that subject, and having got the said ffive Nations together with the Tuscarouroes to give their Assent in the most ample and solemn manner to that Pro[)osition of the Boun- daries, I come here at this time to get the concurrence of your In- dians to the same Proposition, not doubting of all ready assistance with this Govermt. to bring such a Negotiation to an happy issue. I have also a Demand to make of some Negro Slaves belonging to V^irginia, which I understand are harboured among the Shuannoes and said to be set free and protected by those Indians. This is a pro- ceeding that must so dangerously affect the Properties of his Majes- ties subjects in these parts, that 1 greatiy depend on the Earnest Application of this Governmt. to discourage your Indians from such a Practice. Having nothing else to propose to your Indians but upon these two heads, I hope no difficulty can arise here to my treating with them as Governour of Virginia, especially while every step that 1 make will shew that I am with great Respect, Sir, Your most obedier.t humble Servant, A. SPOTSVVOOD. The Governour declared hi': approb?irinn of Colo. Spotswood's design to treat with our Indians upon the hpads mentd in his Let'er, and therein desired the advice & concurrence of the Board, but the Board but thin, and some of the members differing in opinion from the Governour upon the subject matter of the said Letter, the fur- ther consideration thereof was deferred till to morrow at three in the afternoon. The same day, after the Council broke up, the Govr. finding most of the members to be of a different opinion from him upon the sub- ject of Colo. Spotswood's intended Treaty with our Indians, Ho therefore desired them to cive him their Sentiments thereupon in Writing, which accordingly they did in the following Represent-.ition delivered to the Governour on the 6lh inst., by Mr. Secretary Logan. 218 MINUTES OF THE At a Council held at Philadelphia, Octr. 10th, 1722. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Samuel Preston, William Assheton, Robert Assheton, James Logan, Secry. Thomas Masters, The Governour acquainted the Board that he had received the Representation of the Council last week, in Answer to Colo. Spots- wood's Letter to him, read in Council on the 3d inst., a Copy of which Representation he had delivered to Colo. Spotswood, together with a Letter expressing his own Sentiments upon that subject, which Letter was now read at the Board, and is as follows : Sir: Immediately after I received the Honr. of yours of the 2d inst., I called the Council of this Province together, & communicated the same to them with my Sentiments, viz: That I very much approved of your Proposal to Treat with our Indians at this time upon the Heads mentioned in your Letter ; For as I had carefully observed the General Purport & Design of your Treaty & whole conduct at Albany with the Indians of the Five Nations, seemed principally to Secure all these Colonies, as well as Virginia, from being any longer imposed upon & molested by their accustomed way of breaking through their former Treaties & solemn Promises to the English Governments, without any Excuse than that they were not able to restrain their young men, I was well satisfied to see their Hands so effectually tyed up by their own voluntary act, and considering the near Relation, Intimacy & Correspondence between the ffive Nations Si our Indians upon Sasquahannah,. I could not but think, that if our Indians who are so much nearer to Virginia, were brought vo- luntarily &; distinctly by themselves to accept of & confirm the same Proposition as to the Boundaries which the ffive Nations have ac- tually undertaken for them, that they shall observe it would in all probability prevent future Disturbance on the Frontiers of these Co- lonies, and tend to a General Peace amongst the Indians on this side the Lakes. But finding that some members of the Council were not altogether of my opinion, and seemed to have a ditTerent view of this matter, I was willing to delay returning an Answer to your most oblidging Letter, until I had their Sentiments upon a subject that seemed to be of so much Importance to the Peace of this Province. I beg you will put a favourable construction on my hearty endea- vours to Answer your just Expectations, and to shew as far as 1 am able a perfect Regard to the Honr. & Interest of Virginia, and after you have considered the inclos'd Representacon from the Council to me, please to be assured, that according as it proves agreeable to your Excellent Judgement & great Experience in Affairs of this Na- ture, I will either wait upon you to Conestogoe, where at your Request PROVINCIAL COUNCIL. 219 I have already appointed the Cheifs of our Indians to meet you, or if you chuse rather to leave any Directions with me, I shall diligent- ly use my best endeavours to bring the Indians into those measures which you propose, & which I rejoyce to observe have been so ju- iiiciously concerted and agreed upon between the Governmts. of Vir- ^rinia & New York, for the General Advantage of His Majesties Dominions on this part of the Continent. I am with great Esteem & Respect, Sir, Your most humble & most obedient Servant, W. KEITH, rhilada., Oct. 6, 1722. hi Answer to which Letters 6z, Representation our Governour had received from Colo. Spotswood, the day before his Departure from this place, the following Letter with the Beits, &c., therein mentd., the sd. Letter being read, was in these Words : Philadelphia, Octr., 8th, 1722. Sir : Your Councils Representation against my intended Negotia- tions with the Indians of this Governmt., could not but greatly sur- prive me, while I came hither without the least apprehension of such an obstruction. For after so much pain had been taken, even by your coming last year in person to Virginia to discuss that Proposition of the Boundaiies, and to have explained the meaning of the Governmt. of Virginia with Respect to Potowmack River & the high ridge of Mountains; And after the Governmt. ol Pensilvania had appeared to be fully satisfied with the proposed Boundaries, when you Sir, with your Council present, in a solemn meeting at Conestogoe on the 6th of July. 1721, tell your Indians that you had actually made a Treaty for them, whereby ihey were bound not to Pass certain Limits which VGu had agreed on, and to which I understand your Indians very readily assented. I say, after this matter had been carried such a Length, could I reasonably expect that any of your Council should be allowed to contend for your Indians departing from their engage- ments, and not ratilying their Promises. Another extraordinary proceeding of your Council in this Affair, 1 cannot but complain of. They are pleased to let me but just now understand that they dis;ipprove of the Virginia Law for enforcing and rendering more eflectual the Treaty which I came hither to make with your Indians, and that their intention is to oppose their Indians subjecting themselves to the Penalties of that Law. Had any of the four members of your Council which accompanied you to Albany, giving me the least Intimation (during a whole month that we dayly met and frequently discoursed upon the subject.) of their having then such Sentiments as are now contained in their Representation, I would have had these Points Cleared & Settled, before I would have put myself to the Expence of Purchasing Horses and preparing for a VOL. HI. 22a MINUTES OF THE Journey out into your Indian Country, or I should at least hav? ' returned home as soon as Colo. Harrison did, without attending here so many days for the Deliberations of your Council, which 1 find, by what I had the Honr. to receive from your Hands yesterday, to be so opposite to my principal Errand hither, that I apprehend my Negotiations with your Indians (so long as those Gentlemen continue in the Sentiments they have expressed under their hands) must prove to little purpose, or at least must lay the Foundation of Contentions between you and your Council, which I should the more Regret, if I could be in any ways Charged with being instrumental therein. Wherefore, give me leave to depart with only acknowledging the just sense I have of your sincere endeavours towards rendering my Negotiations effectual; And as I go away with the satisfaction of your Judgment intirely concurring with mine in this affair, I shall remain Easie under the present difference in opinion with some of your Council. But in case they should fall into another way of think- ing, when they Reflect how singularly they stand by themselves, as well with respect to the opinions of the Government of New York as to the Sentiments of the whole Legislature of Virginia, I therefore leave a Belt of Wampum to be offered by you in behalf of the Colony of Virginia so soon as you see a proper occasion to have your Indians ratify their Engagements for observing the proposed Boundaries, and that they may at the same time be made sensible of the Danger of breaking such Treaty with Virginia. I leave you also the Act of Assembly which has been lately made for that purpose. I likewise leave another Belt to be offered with such Proposilion as this Gov- ernmt. shall think fitting to make with Respect to the Runaway Ne- groes and Slaves belonging to Virginia. I am, with great Respect & Esteem, Sir, your most obedt. humble servant, A. SFOTSWOOD. Ala Council held At Philadelphia, Octr. 11th, 1722; PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour, Isaac Norris, Thomas Masters, Samuel Preston, James Logan, Secry. Robert Assheton, The Secretary laid before the Board the Message to the Indians ordered last night to be prepared, which with very little alteration was approved, and ordered forthwith to be dispatch'd to James Le- tort, to be by him interpreted to the Indians at Conestogoe, To whom he is also ordered to deliver two Belts of Wampum herewith sent, the PROVINCIAL COUNCIL. 22t i»ne to be delivered on the part of this Governmt. at the same time with the Message, and the other Belt to be delivered at the Interpre- tation of that part of the Message relating to the Runaway Virgiina Negroes. Which Message is as follows. To the Chiefs of the Conestogoe, Delaware, Shawannese & Ga- nawese Indians, friends & Brethren : You will rejoice with me that I and my Company are not only Safely returned. (by Gods blessing) from our long Journey to Albany, but that we have entered into a more firm & solemn League than ever before with all the five Nations. I was in hopes before this time to have seen you there myself in Company with my good Ifriend Colo. Spotswood, Governr. of Virginia, who returned with me from Albany to this place, and there to have laid before you the whole Treaty we have made. Colo. Spotswood also intended to come and acquaint you with the Treaty he has made with the five Nations, and to confirm the same with you ; but having spent a long time abroad, the year being far gone, and having heard at this Town some News from Virginia^ he was obliged to return home without farther Delay. He designed to visit you, and you will take kindly his Good will in this design, and excuse the necessity of leaving us so soon since his Affairs obliged him to it. I also must attend the meeting of our Assembly next week, and therefore I have ordered the Treaty 1 made with the ffive Nations, in behalf of all this Government, to be now interpreted to you by .fames Letort, who was with me at Albany. I shall also as your true (Triend, communicate to you the Treaty that Colo. Spotswood has made with the ffive Nations, which very nearly concerns you for they have included you in it, and have obliged you to observe it as well as themselves. You know the great pains that we have all taken to preserve Peace among the Indians. There was no End to the Robberies committed by the Young Men of the ffive Nations upon the people of Virginia, and to their Attacks upon the Indians of Virginia. He therefore, by several Treaties, agreed both with the Southern Indians and the ffive Nations upon certain Boundaries &; Limits to be fixed by them, that is, that the Indians of Virginia should not pass to the Westward of the great Ridge of Mountains, nor to the Northward of the great River Patowmeck, viz : the Southern Branch of it ; And that neither the five Nations, nor any of your or any other Northern Indians should pass to the Southward of the said Southern Branch of Patow- meck, nor to the Eastward of that great Ridge of Mountains, but that the Indians on both sides should exactly observe these Boundaries. Notwithstanding which the Young Men of the ffive Nations, & ■ome of you sometimes in company with them since that agreement as you very well know have passed over those Boundaries, and have Jnne mischief to the Inhabitants of Virorinia & their Indians. 222 MINUTES OF THE Therefore to prevent all such mischief for the future, the Governmt. of Virginia have made a very strict Law, by which, if any of the Southern Indians shall come to the Northward of Patovvmeck or pass to the Westward of the great Ridge it shall be lawful to put them to Death, and if any of the ffive Nations shall pass the said Boundaries to the Southward or Eastward of the same Boundaries, they shall be treated as publick Enemies and be put to Death, or transported into other Countries beyond the Seas. And Colo. SpotsNvood has now, in this most solemn Treaty, agreed with the fRve Nations for and in behalf of Ten Nations, who all in- habit within the great Ridge of Mountains, viz: the Nottaways, Mehevins, Nansemonds, Pammunkies, Cheecominies, Toderickroons, whom they call the Saponies, Ochnieecties, Stenikenocks, Meyrout- skies & Tootc'loes, that none of them without having a Passport from the Governour to produce, shall on any pretence whatsoever pass over the sd. great Ridge of Mountains to the Westward, nor to the Northward of the River Patowmeck, or in case they do without such a Passport, in shall be lawfull for the Indians to the Northward to put such Southern Indians to Death ; And the five Nations shave in like manner, most solemnly agreed for & in behalf of themselves the Maguese, Oneydoes, Onondagues, Cayoogoes and Sinnekes, as also for & in behalf of the Tuscaroroes, the Conestogoes, the Shawan- nese, the Octatiguanannkroons and the Ostagues, being in all Ten Nations, that none of them without having a Passport to produce the same, shall on any accot. whatsoever pass to the Southward of the River Patowmeck, which they call Kahangorouton, nor to the East- ward of the great Ridge of Mountains, or in case any of them or you shall pass the Boundaries on any accot. whatsoever without a Passport to produce, such Indians shall be put to Death for so being, or be transported and sold for Slaves ; and this Treaty they have all confirmed, and signed a Writing under their Hands for an ever- lasting Remembrance that they & their children & you & your Chil- dren may forever observe it. You see therefore, my Friends & Brethren, that as the five Na- tions have thought fit for preventing all further misunderstandings with Virginia, to bind not only themselves but have taken upon them to bind you, also most firmly to observe this Treaty; You for your own safety you must give Notice to all your people, that they strictly observe on your parts what they have done, lest any of you should foro-et & expose yourselves to the punishments which the Virginians will assuredly inflict on those who tresspass that Law and Solemn Acrreement, and accordingly I must press you all, as I am your true ffriend, most carefully to remember and observe the same, that you may not by this Treaty be brought into any trouble. I must further acquaint you, that Colo. Spotswood has left with mc a Belt of Wampum, to be delivered to you when your Chiefs think fit all to meet to receive the same, as a mark of your agreement to the Treaty the five Nations have made, which for your own safety you ought to observe, lest you fall under the Punishments to be inflicted on those who violate the Treaty. PROVINCIAL COUNCIL. 22S r must also further inform you that the five Nations have agreed m the same Treaty, that nt'ither they nor you shall receive or harbor any Negroes on any accot. whatsoever, but if any of them be found by the Indians in the woods, they shall be taken up and brought to the Governour that they may be returned to their masters, for you know the Negroes are Slaves. But now some of these Negroes hav- ing runaway from their masters in Virginia, are said to be enter- tained by some Shawaunese on Patowmeck ; Therefore, Colo. Spotswood sends a Helt which is now to be delivered to you that you may take up these Negroes, and he desires that they may be deli- vered to Culo. Mason, on Patowmeck in Virginia, who will give the Persons who will bring them to him, one Good Gun and two Blankets for each Negro, and 1 have herewith sent you my Pass that you may safely carry them into Virginia without any danger, & receive that Reward ; And the same value you will receive, from time to time, for every Runaway Negro that you shall lake up & deliver in the like manner that they may be restored to their master. This being a matter of Importance, we all expect that the Sha- vvannese shall forthwith deliver all these Negroes which they have, for you very well know that the Conestogoes liave obliged them- selves to this Government to answer for the Shawannese, for that they shall behave themselves friendly in all things to this Govern- ment and to all the English. But to entertain our Slaves is not only scandalous to the Indians but an injury to the English, and is con- trary to the Treaty's already made. At a Council held at Philadelphia, Novr. 5th, 1722. PItESENT : The Honble Sir WILLIAM KEIl M, Bart., Governour. Richard Hill, Thomas Masters. Isaac Norris, Andrew Hamilton, Saml. Preston, James Logan, Secretary. Robert Assheton, The Governour represented to the Board, that having made it his Care from his first accession to this Government, to preserve a perfect good understanding wirh all our neighbours & particularly with Mary- land, the measures concerted with that Governmt. notwithstanding the unhappy uncertainty of our Boundaries had proved so successful, that untill some warm & angry steps were made last winter by some Magistrates of Cecil Connty, we had lived very friendly with them. That further, in June last these magistrates had very unkindly made prisoners of Isaac Taylor,, the Surveyor, a magistrate & member of Assembly for the County (.f Chester, and Elisha Gatchel, another magistrate of the same ; That those two persons having engaged to 2:24 MINUTES OF THE appear af Ccecil Court, in August last, when the Govr. was obliged to undertake his Journey to Albany. He sent an Express to his good Friend tiie Govr. of Maryland to have that matter accommoda- ted, but all the Resolutions taken in it, as he finds since his Return by the Report of James Logan and Robert Assheton, whorrs he had desired to wait on that Guvr. at Coecil Court, was, that those two men should be bound over fo the provincial Court at Annapolis, which they were pleased at length to respite on accot. of his absence on that important Journey ; That the Govr. had since wrote to Colo. Calvert, requesting that all those difTerences might lie over as they were till both Governrs. could in person adjust them, which he had proposed to Colo. Calvert to do by a Conference, if that Gentleman would be pleased to meet him. That three days smce he had reced. a Letter from Colo. Calvert, dated the 18th of last month, now read to the Board, by wch it manifestly appears that tho' that worthy Gentleman cannot forget his Character and innate Goodness, yet some Counsels seem of late to be entered on in Maryland, inconsis- tent with the tranquility of his Maties Subjects in both Govermts. The Governour therefore desires the opinion and advice of this Board, what measures may be most proper for him to take for pre- venting the fatal consequences of a general misunderstanding with such near Neighbours wt. whom we have hitherto lived in good ffriendship. The Board hereupon taking the premises seriously in considera- tion humbly offer it as their opinion, that as the Bounderies of Mary- land and Pensilvania upon each other have from the first Settlement of the Latter appeared disputable, and yet such amicable measures have been hitherto concerted between the Governr. of both, that Peace till very lately hath been preserved with that good understand- ing which is requisite between Neighbours &, Subjects of the same Crown ; Therefore, it will without a very just Cause given be inex- cusable in the aggressors to make any violation of the same. Tliat as our Proprietor for solid Reasons drawn from the Charters to both Provinces claimed to the Southwards of Octararoe, and it had for- merly been always understood by this Govmt., that the Lord Balti. more made no Claim to the Northward of that Creek or River, of which better proofs may be given than some of Maryland are willing to admit of. Those of this Province were therefore of opinion, that that to bound themselves by the same Limits the Lord Baltimore had prescribed to himself, would never be the cause of any Dispute with a Governmt. with which they laboured to maintain a perfect amity & good understanding. That the Settlement of Nottingham having been made by this Pro- vince near twenty years since within the Limits we conceived to be our Proprietors undoubted Right, and with all due Caution ^ The Bill for emitting & making Curt. £30,000 in Bills of Credit- PROVINCIAL COUNCIL. 241 being returned together with the yesterdays amendments by the Governour in Council, and some of the said amendments bemg con- ceded to by the House of Representatives,the Board considered further of the said Bill and having agreed to entertain proposed Alterations, Ordered That a Copy of the same together with the Bill be remit- ed to the House. At a Council held at Philada., 7th Deer., 1723. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, Robert Assheton, Henry Brooke, ^Esq'rs. Willm. Fishbourn, Josiah Rolfe, The Council being met The Governour sent down for the House of Representatives in order to Sign the humble Address to His Ma- jesty, which was voted and agreed unto the 22d ult., and according- ly, the House with their Speaker came up and the same was Sign'd (its Tenor is as inserted in the Minutes of Novr. 28th) by the Governr., all the members of Council this day present, and by David Lloyd Speaker of the House of Representatives, by Order and on behalf of the whole House, N. C. D. At a Council held at Philada., 9th Deer., 1723. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris, "^ Samuel Preston, Anthony Palmer, ! p, , Robert Assheton, Henry Brooke, j ^ William Fishbourn, Josiah Rolfe, J The Minutes of the former Council were read as usual, then a Bill from the House of Representatives for laying an Excise upon all Wine, Brandy, Rum & other Spirits, retailed in this Province,was read & considered, and an amendment thereunto proposed a Copy w hereof together with the Bill is ordered to be carried to the House of Re- presentatives. Then the Govr. observed to the Board that in regard some ofthe late Magistrates of the Province were dead & others absent He thought it would be necessary to issue out new Commissions of the Peace, and recommend to them to consider of proper persons to till up these vacant places in the Magistracy, against another meeting of Council. 242 MINUTES OF THE At a Council held at Philada., 11th Deer., 172S. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Robert Assheton, Henry Brooke, ? f 'r<; William Fishbourn, Josiah Rolfe, 5 ^^ The Minutes of the preceding Council read Then a Bill from the House of Representatives prescribing the fibrms of Declaration of Fidelity, &.C. instead of the fibrms heretofore required, was read, as were also two Petitions to the House of Representatives for, and other two against the said Bill, the consideration whereof is deferr'd till to morrow, till when the Council adjourned. At a Council held at Philadia., 12th Deer., 1723. present: The Honble WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, "^ Anthony Palmer, Robert Assheton, ! p , Andrew Hamilton, Henry Brooke, [ ^*^ ^'" Willm. Fishbourn, Josiah Rolfe, J The Council being met. The Governour sent down for the House of Representatives, which accordingly with their Speaker came up, and presented to the Govr. two engrossed Bills, the first entituled An act for Emitting and making Current £30,000 in Bills of Credit, the other, An act laying an Excise on all Wine, Rum, Brandy and other Spirits retailed in this Province, both which, the Governour Pass'd into Laws of this Province, and then the House withdrew. Then the Governour, according to what he had mentioned to the Board in a preceding Council, produced a List of the Names of such Persons as he thought fittest to Serve in the Magistracy, to all whom, none of the Board made any exception. At a Council held at Philadelphia, 3 1st Janry, 1723-4. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Robert Assheton, Andrew Hamilton, ? p, , Henry Brooke, Josiah Rolfe, 5 The Return of an Order of Council of the 25th of Janr., 1722-5, Signed by Joseph Coleman, Robert Jones, &c., dated the 20lh of Novr. 1723 was read ; as also the Return of another Order of PROVINCIAL COUNCIL. 245 Council of the 22d Novr., 1723 signed by Thomas Morgan, Evan Hughes, ike, dated the 12th Janr., 1723-4, together with the seve- ral Petitions of both parties relating to a Road from William Pas- chals, in Chester County, to the Swedes Ford over Scuylkill, severally praying that the said Rnad may confirmed according to their respective Returns, all which having been considered by the Board, and John Havard appearing in behalf of the latter Return. Ordered That both Parties do severally prepare an exact Draught or Chart according to the Return for which they are concerned, and bring the same before this Board betw^ixt and the 20th ofFebry. next ensuing, and that the said John Havard do make known unto the said Joseph Coleman, Robt. Jones, &c., or some of them, this present Order by shewing them a Copy thereof with.n three Days that they may not pretend Ignorance. And in case they shall neglect to comply therewith upon such Notice given, That then, the said Return, of Janry. the 12th, shall be. & is hereby Confirmed. The Return of an Order of Council of Deer. 4th, last past, for viewing &. laying out part of a Road through the Lands of Thomas Lindley & George Aston in Chester County, being read, and it ap- pearing under the Hands of the Persons to whom the said Order was directed that no inconveniency does arise from altering the said Road according to the Petition of the said Lindley & Aston — Ordered That the said Thomas Lindly & George Aston, do Clear the sd. Road passing through their Lands at their own proper Costs & Char- ges according to the aforesd. Return, and that the same be & is hereby accordingly Confirmed. At a Council held at Philadelphia, April 30th, 1724. PRESENT . The Honble Sir WILLIAM KEITH, Bart., Governr. Samuel Preston, Robert Assheton, ^ p, , William Fishbourn, Josiah Rolfe, ^ ^ The Minutes of the preceeding Council were read, & then The several Petitions for the respective Roads as laid out by Robert Jones, &c. and Thomas Morgan, &c., a Petition from the Congrega- tion of Baptists and several other Representations were all read, & considered by the Board. And the two several Draughts returned by Robert Jones &c. and Thomas Morgan &c., were examined bj the Board, and then the Council adjourned till 4 o'clock in the afternoon and accordingly P. M. PRESENT : The Honble Sir WILLIAM KEITH, Bart,, Governour. Samuel Preston, Anthony Palmer, Robert Assheton, William Fishbourn, Josiah Rolfe, The paiticular Arguments and Reasons of both Parties contending VOL. III. ), vEsq'rs. 244 MINUTES OF THE for the respective Roads from Whitland in Chester Coimty to the Swedes Ford over Schuylkill were heard by the Board, and the Par- lies being withdrawn, the Board resolved to defer the Determination thereof untill the Surveyor should be examined thereupon, and that He be Summoned to attend this Board on Tuesday the 5th day of May next till which time the Board adjourns. At a Council held at Philada. 5th May, 1724. PRESEAT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Robert Assheton, ) p , William Fishbourn, Josiah Rolfe, 5 The Minutes of the preceeding Council were read as usual and David Levvellyn the Surveyor (that laid out both the Roads from Whitland, in Chester County to the Swedes Ford over Schuylkill) attending according to order, was called in & Examined. And the Board after mature Consideration of all the circumstances relating to the said Roads, finding the Southernmost Road to be the most convenient for the publick, especially, necessary, for the Congrega- tion of Baptists, and of least Detriment to private Persons Ordered That the said Road according to the Returns thereof under the Hands of Thomas Morgan, Evan Hughes, John Davis, Hugh Hughes, Morris Lewelyn, William Havard, AVilliam Davies, Caleb Evans, & Evan Evans be with all convenient speed opened, Cleared, & made Good, and that the same be and is Hereby accord- ingly Confirmed. Then the Governour laid before the Board, & caused to be read, an original Agreement between the Right Honble Charles Lord Bal- timore Proprietor of Maryland & Hannah Penn Widow & Execu- trix of William Penn Esqr. late Proprietor of Pensilva. and Joshua Gee & Henry Gouldney of London in behalf of themselves and the rest of the Mortgages of the Province of Pcnsilvania, the Copy where- of follows, viz : Whereas There are Disputes depending between the respective Proprietors of the Provinces of Maryland and Pensilvania touching the Limits or Boundarys of the said Provinces, where they are con- tiguous to each other. And whereas both Parties are at this time sincerel}' inclined to Enter into a Treaty in order to take such meth- ods as may be advisable for the final determining the said Contro- very, by agreeing upon such Lines or other marks of distinction to be settled as may remain for a perpetual Boundary between the two Provinces. PROVINCIAL COUNCIL. 245 It is therefore mutually agreed between the RiglitHonbleCharles Lord Baltemore Proprietor & Governour of Marryland and Hannah Penn Widow & Executrix of William Peiin Esqr. late Proprietor & Governour of Pensilvania and Joshua Gee of London Merchant and Henry Gouldney of London Linnen Draper in behalf of them- selves and the rest of the Mortgagees of the Province of Pensilvania That for avoiding of all manner o( Contentions, or Differences between the Inhabitants of the said Provinces no Person or Persons shall be disturbed or molested in their Possessions on either side, nor any Lands be Surveyed, taken up, or Granted in either of the said Pro- vinces near the Boundaries which have been Claimed or Pretended to on either Side. Tiii^ AfJREEMENT to Continue for the Space of eighteen Months t'rom the Date hereof, in which time 'tis hoped the Boundaries will be determined and Settled, And it is mutually agreed on by the said Parties, That Proclamations be Issued out in the said Provinces sig- nifying this Agreement for the better Quieting of the People. And the Lieutenant Governours and other proper Officers of the respective Provinces for the time being are directed & enjoyn'd to Conform themselves agreeable Hereunto, and to issue out Proclamations ac- cordingly upon the Receipt hereof. ly WrrNEss whereof the Parties above named have hereunto Set their Hands this 17th day of February, 1723. (Sign'd) BALTEMORE. Witness— S. Clement, HANNAH PENN, Cha. Lowe, JOSHUA GEE, James Logan, HENRY GOULDNEY. Then the Governour read a Letter to the Board, which he purposed to send to the Governour of Maryland i elating to the above agree- ment, 'vhich was unanimously assented to, and the Copy whereof follows: PiiTLADA.,May 5th, 1724. Sir: Inclosed T send you the Copy of an Original Agreement concerning the disputed Boundaries of the Provinces o! Maryland and Pensilva- nia, which is just come to my Hands, & since doubtless this will have an immediate good Effect by Quieting his Majesties Subjects on both sides in the peaceable enjoyment of their present Settlements. f am pers waded that on our Parts, We shall with Equal ChearfuU- ness be diligei.t to lose no time in issuing the Proclamations thereby di- vec'ed, as well as strictly observing the Conditions in the sd. Articleg stipulated and agreed upon between our respective Principles. I am with Esteem, Sir, Your most obedt. humble Servant, W. KEITH. Then it was agreed by the Board, that, pursuant to the foresd. Di- rection, Proclnmatif)ns should be prepared in order to be issued accordingly with all convenient Speed. 246 MINUTES OF THE Then the Governr. observed to the Board that since the Death of Thomas Master- Ksqr. late a member of Council it would be re- quisite to call another from amongst the People called Quakers in order to preserve that Equality which he had always regarded in the Call of Ciiuncellors, and named Francis Rawle, Esqr., as a proper Person, whereof the Board unanimously approved. A Petition having been presented to the Governour against Tho- mas Watson of Bucks County Gent., for some illegal Practices under Colour of Justice and lawful Authority. It is the opinion of the Board that the sd. Thomas Watson should have Notice L'iven him to make his appearance in order to clear himself of the allegations in the sd. Petition set forth if he thinks fit. The Governour then proposed to the Board that in Regard John Ramsay for the most part did perform the Duty of Chamber Keeper to the Council, it were but reasonable He should Enjoy the Profits of the said office, whereof the Board approved ; & accordingly Ordered That John Ramsay do from henceforth perform the Duty of Chamber Keeper to the Council, and that He be entituled to all the Profits & Perquisites from this time accruing or appertaining to the sd. office durintj his continuance therein. v-Esq'rs. At a Council held at Philada., 6th May, ir24. PRKSENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Anthony Palmer, Robert Assheton, Willm. Fishbourn, Josiah Rolfe, The minutes of the preceeding Council being read A Bill from the House of Representatives Entituled An act to enable Trustees to Sell the Old Court House & Prison belonging to the Burrough & County of Chester, was read, cV, ordered to be returned without amendment. A Bill, Entituled, An act for demolishing & removing Fishing Dams, Wears & Kedles set across the River Schuylkill, was read, and ordered to be returned with amendments. Also, a Bill, entituled, An Act for continuing and establishing a Ferry over Neshameny Creek on the Kings High Road from Philada. to Bristol in the County of Bucks, which, with some amendments was likewise ordered to be returned. PROVINCIAL COUNCIL. 247 At a Council held at Phiiada., 7th May, 1724. PRESENT : The HonbleSir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, "j Anthony Palmer, Robert Assheton, vEsq'rs. William Fishbourn, Josiah Rolfe, J The Governour informed the Board that He had last tiight received^ by the way of New York a Letter from Mrs. Penn with another Original Duplicate of the Agreement betwixt Her & my Lord Balte- more relating to the Boundaries of the two Provinces of Pcnsilvania & Maryland, and directing Proclamations to be issued according to the Tenor of the said Agreement. He also observed to the Board, that seeing He had now two Originals of the sd. Agreement it would be proper that he should write anew to Colo. Calvert, Gover- nour of Maryland, and at the same time send him an Original for the more certain satisfaction of that Government. The Governour then ordered to be read an Address from the As- sembly of the 2d instant, to him, complaining and desiring Redress of Grievances & Encroachments of New Castle County upon that of Chester, as also his Answer thereunto of the 5lh instant, and then for their better Information, He acquainted the Boaid (as far as con- sisted with his own knowledge.) of a Dispute lately arisen concerning the Boundaries of Chester and New Castle Counties, and a Process which he had issued agst. one Thomas Hill and his Accomplices, for some illegal and unwarrantable Acts: And that he was expecting a Committee of the Assembly to attend and lay before the Board what they had relating thereto. Then the Governour informed the Board that a Bill from the House of Representatives, entituled An Act for the better enabling certain Persons therein mentd. to Trade Azc in this Province, had brought to him, but that He had returned the same to the House without laying it before the Board, and also had sent them a written Message, together with an Original Instruction from the Crown rela- ting to private Bills, wherewith the said Bill is incompatible, as it now stands. Then was read a Bill from the House of Representatives entituled An Act to improve the Breed of Horses & regulate Rangers, and or- dered to be returned with amendments. The Governour then sent to inform the House nf Representatives, that the Council was sitting and ready to receive what the House had to lay before the Board ; And soon after, the Speaker with Six other members came up, and after some reasoning between the Governour and Speaker upon the Subject matter of the Division Line between the Counties of Chester & New Castle as also of some Differences that had happened on the late Administration of an Intestates Estate, is- sued from the office of New Castle, near to the said Boundaries in 248 MINUTES OF THE Dispute ; The Speaker and the other members of the House of Re- presentatives withdrew, and in order to Compose the Heats Si Ani- mosities that were Hive to arise on several matters in Question, It was unanimously the Opinion and Advice of the Board to the Gover- nour, That he would please to issue out proper Authorities for taking the Administration of ihe said Estate universally into his own hands, for the equal satisfaction of the Creditors & all parties concerned, to which the Governour agreed, and ap|)ointed Mr. Assheton a member at the Board & Recyrder of the City to make out proper Instruments for the Governour to Sign &; cause to be executed accordingly. 1, lEsq'i Ala Council h'-ld at Philada., 9th May, 1724. PRESENT : The Honble Sir V/ILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, Robert Assheton, William Fishbourn, Josiah Rolfe, The Minutes of the preceding Council read as usual. Then a Re- presentation of the Case of the People called Quakers with respect to the Forms of Declaration of Fidelity, AfKrrnation, r Claimant, may likewise direct the said Goods into the Hands of responsible Persons, t > be disposed of or kept for the Benefit of the right owners if any such shall hereafter appear, according to the true Intent and Meaning of the Statute, 12 Anne. And accordingly the Governour, with the concurrence of the Col- lector (then present) and with advice of the Council, has Ordered that the said Goods shall be put into the Hands of James Logan & Thomas Lawrence, Esqrs., to be executed by Warrant, directed to the High Sheriff of the City & County of Philada. for that purpose. At a Council Held at Philada., Octr., 10th, 1724. PKESBST : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, James Logan, "| Robert Assheton, Henry Biooke, lEsq'rs. Wm. Fishbourn, J The SherifFof the City & County of Philada. having executed the Governours Warrant to him directed, for collecting and putting into the Hands of James Logan & Thomas Lawrence, Esqrs., certain Goods saved from the Wrecks of the Jenny Pink of LonddU, and the ShipMinehead of Bristol, and hiving n ade Return thereof the same was read; Whereby it api)ears, that all the Goods which he could come at Avere, viz : Eighty six hundred two Quarters & one pound Sugar net. Nine hundred one Quarter & twenty five Pounds Cotton in Bags, Two Casks & five Bags (iringer, qt twenty four Hundred & three pounds. Three Anchors, wt. in all twenty two Hundred three Quarters & twenty one pounds, one Hogsd. Rum qt. Ninety Gallons, and one Cable, wt. twenty Hundred two Quarters and four pounds. And that there are, viz : one Cable, one Tierce of Rum, one Bag of Cotton, Two Mainsails, & one Graplin, (being the residue of the Goods saved out of the foresaid Vessels &- here imported) in the Hands of sun- dry persons in the City of Philada., who pretend to have brought and refuse to deliver the same. The Mariners who imported the above mentd. Goods having ex- hibited Accounts of their Demands of Wages, Charges, Diet, &c., unto the said James Logan & Thomas Lawrence, amounting to £121, 12, 8, Sterling m the whole, and the same being by them of- fered to the Consideration of the Hoard, It is ordeued, that the said Accots. and Demands of the Mariners be referred to some persons of PROVINCIAL COUNCIL. 25S this City ofCredit and Reputation. Skilled in maritine and mercantile affairs, toconsider the same, who may indiireiently between the owners of the Goods and the Sailors settle and adjust what to them shall, upon a full enquiry, appear to be reasonably due lo the Demandants, And George M'Call, Benjamin Godeffrey, George Filzwater, William Attwood and Brinoldus l)e Haes, are accordingly appointed & autho- rized lo examine and adjust the said accots., and are desired to l»eport the same to this Board under their I lands or the Hands of any three of them, on Thursday the 15ih instant, at lOo'Clock in the Morning. And it having been observed & considered by the Board, That there is not only a necessity of selling some part of the Goods, to make payment to the Mariners of such Sums as shall upon the above mentionei Report be f)und to be justly dun, and defray toother neces- sary Charges; but also that the Season of the year now is, when Goods which area proper Return for Irinirlan I will probably sell for the b>st Price, and thereby prove to the greater advantage of the right owners, and likewise ihat in general the aforemor oi- Recorder of this City, that they were Shipt at the time & for the Wages men- tioned in theirAccots. mentioned to the said Auditors, and also clearing themselves by Oath from having embezled ativ of the Goods saved from the said Ships, and I'rom being interested in any other Goods so saved than what they here imp rted, And also declaring upon Oath that they received no part of their Wages in Jamaica or elsewhere. A Petition from Jonathan Swain, Master of the Sloop Two Bro- thers, was read at the Board, representing that his said Sloop was unjustly under Seizure of the Collector of the Port o( Philada., and praying the Board to interpose for his Relief; as also that he may beallo'ved his Freight for the forement'd Wreck Goods, amounting to thirty Six pounds. The substance of whi< h Petition being considered. It is the opinion ol'the Board, that so far as it relates to the Seizure it doth not regularly ly before this Board, but the Members present do i-equest the Governour that he would be pleased to interpose so far therein as to remove any just cause of Complaint on the part of the said Swain on that accot.. And for the Freight lie is referred to lames Lf Council, in order to i)e engross d by the Deputy Clerk, as a part of the Minute of April iGth. \7-2Z. 'I'hat the said Paper or intended minute had not only as yet never been seen at the Board, but also not one of the members then present and principally concerned therein had been at the time advised with upon or acquainted ther-;with. neither had Mr. Logan until I now ever attempted to support the Truth or Credit of the said paper at this Board, notwithstanding he had been called upon by a written Message from the Governour, October the 17th of that year, and more particularly by the Copy of a Paper sent to him by Colo. French, as the substance of what the Governour intended to enter as his Remarks on Mr. Logans said Paper, in case it should ever be approved of as a minute of this Board. The several Papers were read, and Mr. Logan in his Defence said, That he was at that time principal Secretary and Clerk of the Coun- cil, and then acted by his Deputy, George Barclay, who was also Clerk to the Governour. That at the request of the sd. Barclay, who frequently desired of him the hke assistance, he had drawn up the sd. Minute in the same manner and with the same care ho usu- ally did others, and within a day or two after, to the best of his me- mory, he delivered it to his said Deputy, and that he had never seen it from that lime till about six months after, when the Govr. sent it to him with an exception to it, that if it had not been read at the Board as it ought to have been. He conceived it was through a gene- ral neglect of the same kmd, especially that year in which scarce any former minutes had been there read ; But that he was very posi- tive every thing therein contained was said at the Board at that time, and appealed to the memories of four of the members now present who were aho at that Council, who agreed that the substance of what the said Paper contains was said that day at the Board, but did conceive, that had the Minute been then or soon after read and con- sidered, every member there would have readily agreed to any alte- ration in the expression that might under the Entry on the Minutes to general Satisfaction. The Governour seemed chiefly to insist upon the manner of ex- pression as indecent towards him, and consequently dishonourable for that Board to make use of, and then observing that the Minutes from that day had not been duly revised, was pleased to propose that 258 MINUTES OF THE the Council would appoint a time to revise and settle them that they might be engrossed, and that they would now consider what should be ordered concerning the Minute in Debate. Then some Debates ensuing between the Governour and Mr. Logan, the lurther consideration was referred untill to morrow morn- ing at 10 o'clock, to which time the Council was adjourned. At a Council held at Philada., March 13th, 17-24-5. PRESENT : The Ilonble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris, ") Saml. Preston, Robert Asslieton, lEsq'rs. Wm. Fishbourn, J The Minutes of the preceeding Council were read, but the Gover- nour observing that Mr..Logan was not then present, proposed to delay the approbation thereof till the next meeting of Council. The membei s to whose consideration was leferred the Bill for re- gulating the Practice upon Writs of Summons & Arrests Reported that they had examined the same, and the Board proposed some amendments thereto. The same members to whom it was recommended to view the place proposed in a Bill for building a Powder House, Reported that they found the Inhabitants at the end of the City very uneasy about it, and there being two Petitions against the Bill read at the Board, and some other inconveniencies observed, The Govr. propo- sed to Return it with the Petitions to the House for their further con- sideration. Then was read & considered, paragraph by paragraph, a Bill for raising of County Rates & Levies, and several amend- ments proposed thereto. Martha Hunt, (some years ago condemned to Imprisonment for Life and now a Prisoner in Philada. Goal) having obtained a Re- commendation from the Chiet Justice and several of the magistrates of Philada as an object of the Govrs. Mercy, the same was read, and the Board being cf the same opinion, viz: That the said Martha Hunt is a proper object of Mercy. Ordered, That the Clerk make out a proper Pardon for the Gover- nour to sign in favor of the said Prisoner, &c. A Bill for regulating & establishing ffees in this Province was re- ferred to the perusal of Mr. Hill and Mr. Fishbourn, and to Report their opinions thereof to the next Council. Then the Council was adjourned till Munday the 15th instant, at 10 o'clock. PROVINCIAL COUNCIL. 259 At a Council held at Philada., March 15th, 1721-5. PUESKNT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, James Logan, ^ Isaac Norris, Saml. Preston, ^ EsqVs. Antho. Palmer, Robt. Assheton, } Wm. Fishbourn, The Consideration of the Minute of 1 fith April, ^72^2, being reassumed, It is the opinion of the Board, That a tho' it did appear unto them that Mr. Logan had not any intention in his [)raught of that da\s minute, to add unto or talsify any part of the genuine Sense o('*lie Board at that time; Yet as the Governour has expressed a dissatisfaction with all the latter part of the said Minute as reflect- ing upon him in language arising (as 'tis supposed; Ironi the warmths of the Debate, but is of no real service to be put upon the Record. Therefore, that all that part of the sd. minute from the words [justify him in it] may be left unreeorded, excepting the following words for a Close of tlaie Minute, viz: [however as the matter seemed to them to relate to an affair of Pioperty, they conceived it lay not properly before the Board to take any Cognizance of the matter,]] and that all the part preceeding t'le said Sentence shall stand as in Mr. Logans Copy ; Unto which unanimous opinion of the members present the Governour assented, and the Clerk wa- ordered to En- gross the same upon the Records of Council accordingly. Then was read the Bill for regulating & establishing ffees, &c., and the Council being unanimously aijainst the Bill as it is now otiered. The Governour proposed to send the following Kscript by way of amendment to the House of Representatives, viz: "It does not appear "to the Governour that there has been any complaint made against "any of the Officers for having taken exorbitant tt'ees; and therefore "since the Govr. at the Request of the House of Repiesentaiives, " even contrarv to his own Sentiments at the time, did about two years "ago Pass a Bill of the same kind, wherebv the ffees of the several " Offices seemed to be reduced to the very lowest propoition. he cannot " think it will be decent to trouble the Crown with another Act of the " same nature untill we first know the fate of the last. Besides, this " Bill containing many things which are inconsistent with the Laws & " Constitution of Great Brittain, The Governor cannot Pass it in the " Terms it is now conceived, and therefore proposes that it may h^ " delayed until the next meeting of the Assembly." Which being approved, the same was sent accordingly Esq'rs. 260 MINUTES OF THE At a Council held at Philada., March I8ih, 1724-5. PRESKNT : The Honble Sir WILLIAM KEITH, Bart., Governour. Isaac Norris, Antho. Palmer, ' Robert Assheton, Wni. Fishbourn, ' The Minutes of some prereeding Councils were read, but their ap- probation deferr'dtill a fuller Board. The amendments proposed by ihe Governour in Council to several Bills from the Mouse of Representatives being returned, together with the Houstis Resiilutions thereupon, thn same were read, and some fur- ther amendments proposed to the Bill for raising County Rates «Xt Levies, to be sent together with the Bills to the House of Represen- tatives. Came in Richard Hill, Esqr. The amendmenis being [)r. posed and read at the Board, the Go* Ternour sent them to the House accordingly. I Esq'rs. At a Council held at Philada., May 7th, 1725. PRKSEXT : The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Samuel Preston, Antho. Palmer, Robert Assheton, Wm. Fish bourn, The Minutes of Council of March 12, 13, 15 & 18th last past were read & approved, & ordered to be engrossed. Came in Isaac Norris, Esqr. Then a Representation of the Commissioners of the County of Philada., relating to Frankford Bridge and the high Road passing that way, was re;id & Considered It is recommended to Richard Hill & l-aac Norris, members of the Board, to enquire whether the present high Road through Frank- ford to Burlington be a confirmed Road; r.nd if it be found not to be so. Ordered, That Anthony Palmer & Francis Rawle, Esqrs., Job Goodson, Thomas (,'balkley, Edward Brooke & Benja. Fairman, do view the said Road as far as the Division between the Counties of Philada &, Bucks, and make Return thereof, with such altprationsas they shall find to be of least damii^e to the neighborhood and great- est advantage in general, unto this Board as soon as conveniently they can. Then was read a List of Persons names proposed by the Gover- nour to be commissionated Justices of the Peace, He finding it proper to issue new Commissinns because of the Dea'h & absence of sundry Gentlemen in the last Commissions, to which List some additions were proposed & agreed to. PROVINCIAL COUNCIL. 261 Ezekiel Harlin having made applicaiion for five Pounds to be paid him, as a Reward for his Service as an Interpreter of the Indian Tongues some time ago at Indian Councils, the s;iid Demand by the Board is allowed to he just, and it is recommended to the Treasurer to obtain the Assembly's order for its being paid out of the Provincial Treasury. At a Council held at Philada., Febry. 24th, 1725-6. PRESENT : The Honble Sir WILLIAM KEITH, Bart., Governour. Samuel Preston, Robert Assheton, Esq'rs. William Fishbourn, The Governour observed to the members present, that as there was great difficulty in getting a sufficient number together to assist in Council, some members not attending, some living at great dis- tance whose assistance could seldom be had, and others being dead ■whose places were not yet supplied, it was absolutely necessary to call some new members to the Council Board, and nominated Doctr. Thomas Graeme for one, of whom the members present unanimously approved. The Governour then desired Mr. Preston & Mr. Fish- bourn to name some person amongst their Friends fit to be called, and Evan Owen, Esfjr. was named and approved. Ordered, That the Clerk wait upon the said Doctr. Thoma? Graeme & Evan Owen, Esqrs., and signify to them the Governours Call of them to the Council Board, and desire their attendance to morrow at 3 o'clock, in order to their Qualification &; Admission. The Governour then said, that altho' there was not the usual Number present which makes a Quorum, yet seeing it was what he could not help, there was a necessity of proceeding to Business with those that did attend, & accordingly, A Bill from the House of Repre- sentatives entituled An act for the better regulating the Retailers of Liquors near the Iron Works & l^lsewhere, was read & considered. Then a Bill entituled. An act for laying a Duty upon Negroes im- ported into this Province, was read Esq'rs. Samuel Preston, W^illiam Fishbourn. J Antho. Palmer, The Governour acquainted the Board, that he had observed fre- quent Riots and disorderly Practices liad been committed of late within this City, an Instance of which appeared in burning down in the open Market Place the Pillory and Stocks, on the Evening of the PROVINCIAL COUNCIL. 275 first instant, & therefore proposed to issue a Proclamation for sup- pressing .such tumultuous Proceedings for the future, & to excite the Magistrates & other Officers of the City to a more strict Discharge of their Duty in preserving the PubUck Peace &; suppressing all such Disorders, To which the Board unanimously agreed, and It is ordered that the same be forthwith prepared. The Governour having received from the several Sherifs & Coro- ners of the respective Counties of this Province, Returns of the Elec- tions of Persons to be presented to him for his choice of a Sherif & Coroner respectively for each County, desired the Advice of the Board, in his nomination, which is as foUowes; For Philadelphia City & County, Owen Owen & Merick Davis, being returned for Sherifs, & James Boiden & Joshua Fincher for Coronei's, Owen Owen is appointed Sherif, & Joshua Fincher Co- roner. For Chester County, John Taylor & Philip Taylor being returned for Sherifs & John Mendenhall & John Dutton for Coroners, Jno. Taylor is appointed Sherif, and John Mendenhall, Coroner. For Bucks County, Thomas Biles & John Hart being returned for Sherifs, & Jonathan Woolston & Samuel Baker for Coroners, Thos. Biles is appointed Sherif, & .Tonathan Woolston Coroner. Accordingly Commissions are ordered to the said Persons for their respective Offices, the Sherifs giving Security in the Rolls OiHce as the Law directs. The Governour having likewise received the Returns of the She- rif & Coroner of the County of Newcastle, ot Persons to be pre- sented to him for his Choice of a Sherif & Coroner for that County, vizt: William Battell & John Gooding for Sherifs, & Joshua Story & Morgan Morgan for Coroners. The Governour, agreeable to the advice of the Board appointed John Gooding Sheriff Morgan Mor- gan Coroner. A Draught of a Proclamation for suppressing of Riots this day ordered being presented to the Board, It was approved and ordered tu be Engrossed, sealed & published. The Day following out of Council, Returns having been delivered to the Governour of the Elections of Persons to be presented to him for his Choice of a Sherif vSt Co- roner for the Counties of Kent & Sussex, vizt: For Kent County, William Rndeney & Thomas Skidmore being returned for Sherifs, & Edward Jennings & Thomas French Cov Co- roners, William Rodeney is appointed Sherif, & Edward Jennings Coroner. For Sussex County, Rives Holt & Peter Adams being returned lor Sherifs, &. Samuel Davis & Edmund Naws for Coroners, Rives Holt is appointed Sheriff Samuel Davis Coroner. And Commissions are ordered to issue to them accordingly. 276 MINUTES OF THE At a Council held at Philadelphia, 15th October, 1726. rRESExr : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Anthony Palmer, I Esq'i Richard Hill, Robert Assheton, Samuel Preston, Henry Brooke, The Representatives of ihe Freemen of this Province elected the first instant, being mett in Assembly on the 14th, in pursuance of their Clmrter, &; the Law in that Case made & provided, & having sent a Message by two of their number to acquaint the Governour therewith, & to know when he would be pleased to receive the House, he had appointed them to attend him this morning in Council. And they presenting themselves accordingly, David Lloyd, Esquire, addressing himself to the Governour, acquainted him, that the House of Representatives had thought fitt to cbuse him to be their Speaker. But that, considering his own Inability for that office, he requested the Governour would order the House to proceed to another Choice; To which the Governour answered, that he looked upon him, as a Person qualified for discharging that oliice, and therefore he could not but approve of the Houses Choice of him to be their Speaker. Then the Speaker addressing himself to the Governour in the name of the House desired. That the Governour would protect them, he meant not (he said) on account of their Debts, but from the Insults of the rude People of this City, from whom he thought there was some Danger, and that their Tumults ought to be suppressed. That the Governour would grant the Members of Assembly free- access to his Presence, when sent to him by the House, and That he would be pleased to putt a favourable Construction on their Proceed- ings. The Governour answered that he had lately published a Proclama- tion for suppressing these Disorders, which he hoped would have a good Effect, and the Flouse might assure themselves of what he had further requested, & then the House withdrew. The Governour laid before the Board a Letter he had two days since received from the Secretary to the Lords Commissioners for Trade & Plantations, touching the several Acts made in this Province for establishing a Paper Currency, which was read & is as follows : For His Majesties especial Service To the Honble Patrick Gordon, Esqr., Deputy Governour of His Majesties Province of Pensilvania in America, or to the Commander in Chief of that Province for the time being. Pensilvania, ^ Whitehall, May 11th, 172G. 5 SiK : I am commanded by my Lord Commissioners for Trade & Plantations to acquaint You, that they have lately had under their PROVINCIAL COUNCIL. 277 Consideration four Acts passed in Piensilvania, for giving a Currency to Paper Money Entituled, An Act for emitting & making Current £15,000 in Bills of Credit, Passed 2d March, 1722-3. A Supplementary act to the act entituled An Act for emitting & making Current £15,000 in Bills of Credit, Passed 30th March, 1723. An Act for the better & more efiectual putting in Execution an act of Assembly of this Province Entituled an act for emitting & ma- king Current £15,000 in Bills of Credit, Passed 11th May, 1723. And an Act for emitting &, making Current £30,000 in Bills of Credit, Passed the 12th of December, 1723. Tlv?ir Lordships have found by Experience, that Bills of Credit ^ -'■ been of very ill Consequence in other Places where they have 6een issued, particularly in Carohna, where not only the Province, but the Merchants have sustained great Losses thereby. For this Reason, if it were not out of Tenderness to those Persons into whose hands the Bills issued in Pensilvania may have passed, their Lordships would lay the aforementioned Acts before His Majes- ty to be repealed ; And if any further Acts are passed for creating more Bills of Credit than those already issued, Their Lordships will certainly -think themselves oblidged to lay them before His Majesty for his Disallowa-^'- ". However for the present, their Lordships command me to acquaint you, that they think it highly necessary for His Majesties Service, & for the Good of the Province under your Government, that all possi- ble Care should be taken for the effectual sinking those Bills, and that the Funds g!''^.i for that Purpose be duely applyed. I am further directed to observe to you, that the Laws referred to in these Acts for Paper Currency have never yet been transmitted to this office, And to desire that you will transmitt the said Acts, & all such Acts for the future as shall be passed in Pensilvania. I am, Sir, Your most Ilunible Servant, ALURED POPPLE. The Governour then desired the Advice & Opinion of the Board, whether it might not now be proper to lay this Matter before the. House, But some of the Members observing that it had not been usual for the Assemblies to proceed on Business at their first meet- ing, And that if this affair should be laid before them, & they adjourn, without taking the same into Consideration, it might be of bad Con- sequence, It was proposed & unanimously agreed to, that the follow- ing Message should be sent to the House, vizt : " That the Governour having been very much indisposed most of " this week, & understanding that it had not been usual for Assem- " blies to proceed on Business at their first meeting, this being also " the last day of the week, he had declined laying any Business 278 MINUTES OF THE " before tliem this Morning, tlio' lie has by this last Conveyance " received some orders wliich nearly aflect theCountrcy, and will de- " serve the Houses Consideration, And therefore if the House will " think fitt to meet the beginning of next week, the Governour will " then without further Delay communicate what he has to lay before " them. Richard Hill &. Henry Brooke, Esquii'es, were desired to carry this Message, which they did, & being returned say they delivered the same, and that the House desired Time to consider of it. A Petition of several Inhabitants in & about Franckfort, setting forth the Inconveniences of the Road on both sides of the Biidgo there, for that on the father side there is occasion also for another Bridge over the other Branch of the Creek, which is there divided, & that to prevent the Charge of the two Bridges, that the Road also between the Millhouse and the Creek is much too narrow, All v> hich Inconveniences might be prevented by turning the Road a little lower & buildmg one Bridge, which would fully answer the End of two, where the Road now passes, and therefore praying that the said Road may be reviewed, was read, and the Consideration thereof deferred till another time. A Petition of divers Inhabitants about Pccjuea in the County of Chester was read, setting forth, that by order of Chester Court a Road had been laid out through the Township of Pequea, over Hills Swamps & Rocks, & almost half a Jlile about in the space of three miles, to the great Inconveniency of Travellers & the said Inhabi- tants, which Road is said to be that which leads from near Thomas Moore's towards the Township of Donnegal, and therefore the Peti- tioners pray that six good Men may be appointed to view the said Road, and make such Alterations therein as shall be necessary for the Service of the Publick. Which Petition being considered, Tis Ordered that John Wright, George Aston, Samuel Blunston, Samuel Rutt, John Musgrave, & Edmund Cartlidge, or a Majority of them, may view the said Road, & particularly that Part leading through the said Towhship of Pe- quea, & make such Alterations therein, as to them shall seem most just & reasonable for the publick Service, and make Return of their Proceedings herein to this Board. A IMessage from the House by four Members acquainted the Go- vernour, that the House intended to adjourn, if the matters he was to lay before them did not require their immediate Consideration, but requested in the mean tinic, that the Governour would be pleased to acquaint the House with the nature of these orders he had recei- ved, which so nearly aflect the Countrey — And being desired to with- draw for a litt'e time, after some Debate James Logan & Richard Hill, Esquii'es, were ordered to acquaint them with the aforementioned Letter from the P»oard of Trade, that they might inform the House of the same, but in such a manner, that no minute thereof should be entered on (heir Journals, until it should come in due form before them at their next Meeting. PROVINCIAL COUNCIL. 279 And the said Members of Council reported to the Board, that they had communicated to those of the Assembly what they had in Charge, and that they had desired the Letter might be shewn to the House, which was agreed to upon Condition, that it should not be entered on their Minules. And then the Council Adjourned. v-Esq'rs. At a Council held at Philadelphia, 21st November, 1726. PRESENT : The Honble PATPvICK GORDON, Esqr., Lieut. Governour. James Logan, Anthony Palmer, Richard Hill, ' Robert Assheton, Isaac Norris, Willm. Fishbourn. The Minutes of the two proceeding Councils were read & ap- proved. The Governour then acquainted the Board, that the Assembly of the Province being now mett, he intended to lay before them such Matters as seemed proper for their Consideration, and for that End had prepared a Speech, upon which he desired the opinion of the Board; And the same being accordingly read & considered, was una- nimously approved by the Board & is as follows : Mr. Speaker & Gentlemen of the House of Representatives, " Having fully declared to the last Assembly what I take to be *' incumbent on me, in the Discharge of my Trust, I shall now re- " commend to you such matters relating to the Publick, as may be " proper for your consideration. " And in the first Place our Bills of Credit will claim your Regard^ " At your first meeting in October, I acquainted you with a Letter '• 1 had received but two days before from the Secretary to the Right " Honourable the Lords Commissioners for Trade and Plantations, on " the subject of our Paper Currency, which I now lay before you, " By this Letter you will observe what Impressions the Conduct of " some of these American Colonies had made on the Board to the " Disadvantage of such Bills. Yet notwithstanding their Dislike to " tiiem in general, they have expressed so much Tenderness for the " People of this Province, who have now that Currency in their " Hands, that we may, I hope, justly concluded the former Acts for " establishing it are happily out of Danger of a Repeal, But as " the Act past last year for rc-emitting part of the same Bills out " of the Loan Office may be thought to interfere with their Lordships " Directions, it will require our serious Application to find out proper " Measures for securing this equally with the other acts, which 'tis " hoped, may be successfully effected, when their Lordships are " duly apprized that the Trade between Britain & this Province, has " been so far from suffering, that it has been manifestly encreased VOL. III. 280 MINUTES OF THE " since the Establishment of that Currency here, &, that more Bri- " tish Goods have been imported, more Ships built in this Place for " their Merchants, than had been for many Years before, But more " especially that this Currency instead of sinking in value, which " has been the great & chief objection to it in some other Colonies,. " now actually rises with us, being at this time at less than half the " Discount that, as I have been assured, it bore with Gold & Silver " but a Month before my Arrival; When this is duly represented to " their Lordships, I hope we shall have no Room to doubt, but they " will abate in their opinions of the ill Consequences of that Curren- " cy, especially in this Colony — And therefore seeing Ten thousand " Pounds of the Bills now in the Peoples hands, subsist on the Foun- " dalion of the last act, which was past before their Lordships Sen- " timents were made known to us, we may hope for their Indulgence " to that also, To obtain \vhich I shall very heartily joyn with you " Gentlemen.in whatsoever shall be reasonably proposed. " I cannot but with great Pleasure take notice on this occasion, of " the happy Prospect that this Province now afibrds of supplying by " the Industry of its Inhabitants, the Want of those Natural Advan- " ta'nd to provide for the apprehending & punishing the " Importers or Counterfeiters, & such as shall Knowingly utter the " same, in a manner more adequate to the Crime than is yet provi- " ded by the Law, is what I must now Earnestly recommend to your " most serious Consideration, lest such Provision should be too late, " &, the Credit of our Bills should sink, which for the fatal Conse- " quences that you are sensible must attend that unhappy Event, '' should be guarded against with the utmost Care." 284 MINUTES OF THE The Governour then proceeded to inform the Board, that he had lately mett the Assembly of the three lower Counties at Newcastle, v/here he had succeeded in several Affairs nearly concerning the In- terest of the Honble Proprietary Family, &, likewise had opportuni- ties of discovering several underhand Practices & Designs carried on in opposition to that Interest, by a Person who held very profitable Places under the said Family, and was distinguished v/ith several marks of Favour & Places of Power under the Government, viz : John French; And that the Board mii^ht be the better convinced hereof, the Governour laid before them some Papers of the Hand- writing of the said John French, evidently calling in Question the Proprietors undoubted Right to the ?aid Counties, Which being read & well considered. And it likewise appearing to this Board, that he had used very unbecoming & disregardfull Expressions of the Pro- prietor & his Charter, the Board was unanimously of opinion, that he should be divested of all Power &; Authority under this Govern- ment, & likewise stand dismissed from this Board, to which he had been formerly called as a Member of Council. The Governour further informed the Board, that William Till ha- ving been formerly turned out of the Commission of the Peace for the County of Sussex, upon account of the Disregard he had showen to the Proprietary Family, had now not only acknowledged his Error and discovered to him the Methods by which he had been abused & imposed upon, but had likewise done very good service to that honble Family in the late Assembly, And therefore his Honour said, he had promised & thought it but just to reinstate him in the Ma- gistracy, To which the Board agreed. It was then proposed, seeing it would be necessary to issue new Commissions for the Supreme Court, and of the Peace for the said Counties, to consider of fitt Persons to be Commissionated, but the Consideration thereof was deferred till a fuller Board. One of tlie Members informed the Board of a Complaint made by the Indians living near a Branch of Brandyvvine Creek, that their Fishing was hindered by the building of a Mill &; Dam on the said Creek, in Newcastle County; And the said IMember having ob- served, that a Law was pass'd in the lower Counties for Keeping the said Dam open during the Fishing Season, & that if the same was not done. The Sheriff of the Countie was impowered & required to throw the same down ; Moved that the Governour would be pleased to order the Sherif to put that Law in Execution, that there might be no Cause of further Complaint, which the Governour read- ily promised to doe. PROVINCIAL COl'NCIL. 285 At a Council held at Philadelphia, April 20th, 1727. PRESENT : The hoiible PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Samuel Preston, 1 Richard Hill, Anthony Palmer, i-Esq'rs. Isaac Norris, Robert Assheton. J The Minutes of the preceeding Council were read »St approved. The Governour observed to the Board that several of the Members of Council, living at some Distance from Town, & their Number being but few, it was difficult on some occasions to gctt a Quorum to- gether, & therefore proposed that an Addition should be made, and that the Members present would think of two or three fitt Persons for that End ; And the Board being of opinion that such an Addition is very necessary at this time, took the same into Consideration, & the three following were judged qualified for that Service, & Resolved that they, be call'd to this Board accordingly, vizt : Evan Owen, Cle- ment Plumsted & Thomas Laurence, Esquires. Then the Board proceeded to consider of proper Persons to be ap- pointed Judges of the Supream Court of the Lower Counties, and Justices of the Peace for the Counties of Newcastle & Sussex, and the following Persons were held proper to be assigned, & Resolved, that they be Commissionatcd accordingly, vizt : David Evans, Richard Grafton, Robert Gordon, Benjamin Shurmer, Henry Brook & Jonathan Baily, to be Judges of the Supreme Court. Robert Gordon, John Richardson, Joseph England, Charles Spring- er, Andrew Peterson, Hans Hanson, Simon Pladley, William Read, Thomas January, James James, Junr., Richard Cantwell, Joseph Robieson & James Armitage, to be Justices of the Peace for the County of Newcastle. Henry Brook, William Till, Richard Hinman, John Roades, Wool- sey Burton, Simon KoUuck, Samuel Rowland, John May, Jeremiah Claypoole, Jacob Kolluck, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton, Enoch Cumings & David Smith, to be Justices of the Peace for the Countie of Sussex. At a Council held at Philadelphia, May 5th, 1727. PRESENT ; The Honble PATRICK GORDON, Esqr.. Lieut. Governour, Richard Hill, Robert Assheton, 1 p, , Samuel Preston, William Fishbourn. 5 ^^^ ^^' Clement Plumsted, Esquire, one of the three named in the pre- ceeding Minute, as Persons fitt to be added to this Board, now attend- ing, was called in, and took and Subscribed the several Affirmations 286 MINUTES OF THE & Declarations cnjoyned by Law to be taken by tliose called Qua- kers, as also an AtHrmation for the Discharge of his Duty as a Member of Council. A Bill being sent up this day from the House of Representatives, Entituled, " An Act for the more effectual encouraging the raising of good Hemp, and for continuing an Excise on all Wine, Rum, Brandy, & other Spirits retailed within this Province, was read at the Board, to which some small Amendments were made & ordered to be sent down to the Assembly with the said Bill. At a Council held at Philadelphia, May 6th, 1727. PRESENT : The Plonble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, Evan Owen, ) p, , Robert Assheton, Clement Plumsted. 3 ^ Willm. Fishbourn, The House of Representatives waited upon the Governour with an ingrossed Bill to be passed into a Law, wch was pass'd accord- ingly, vizt : An Act for the more effectual encouraging the raising of good Hemp, & for continuing an Excise on all Wine, Rum, Brandy, and other Spirits, retailed within this Province. And the Great Seal was Ordered by Warrant to be affixed to the same. N. B. Evan Owen had formerly qualified himself as a Counsellor in Sir W^illiam Keith's Administration. At a Council held at Philadelphia, June 5lh, 1727. PRESEIVT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, "j Richard Hill Evan Owen, I Esq'rs. Isaac Norris, Clement Plumsted. J The Governour acquainted the Board, that the Office of Prothono- taryofthe Court of Common Pleas for the City & County of Phila- delphia being now vacant by the Death of Mr. Assheton, & the time of the sitting of that Court being near at hand, he intended to grant a Commission for tha^t Office to Mr. Andrew Plamilton, whom he PROVINCIAL COUNCIL. 287 look'd upon as one not only well qualified by his Skill in the Law to fill that Place, but who had likewise done very considerable Service to the Prnprietaiy Family in this Province &, Counties; And that altho' the Power of this Appointment was entirely lodged in himself, Yet nevertheless he had thought proper to cat! the Council together at this time to have their Advice & opinion heroin, which he now de- sired. Whereupon each Member delivered his opinion, and all unani- mously agreed in approving the Governours said Appointment. At a Council held at Philadelphia, July 3d, 1727. PRKSEAT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, ") ivichard Hill, Evan Owen, lEsq'rs. Isaac Norris, Clement Plumsted. J Samuel Preston, Present also, several Chiefs of the five Nations, but most of them of the Nation of the Cayoogoes, vizt: Connosoora, Cagongsaniyong, Cantaraghcngrat, Tannewhanne- gah, Cannawatoe, Seelowacks, Achyiawanra, Onaquadeghoa, &c., with Civility & Satcheetchoe of Conestogoe, and Divers of the Ga- nawese, &c. These, with divers other Indians, arriving irom the five Nations and Sasquehannah four days agoe, desired a Meeting with the Go- vernour as on this Dav. The Governour, to give them an opportu- nity Summoned the Council for that Purpose, who being mett, & these Indians Seated. The Governour told them by M. Montour, a french Woman, who had lived long among these People, and is now Interpretess, that he was glad to see them all well after so long a Journey, and was now ready with his Council to receive what they have to say. Tannewhannegah spoke, & by Montour the Interpretess said, That the Chiefs of all their five Nations being mett together in one of their Towns, they held a general Council, & that these who are now pre- sent came in the Behalf & by the Advice of all the rest, that they understood the Governour o( this Province had divers times sent for them to come hither. And that they were now accordingly come by the Advice of all their Brethren to know the Governours Pleasure. That the first Governour of this Place, Onash. (that is Governour Ponn) when he first arrived here, sent to them to desire them to sell Land to him, that they answered they would not sell it then, but they might do it in time to come, that being several times sent for they \vcre now come to hear what the Governour had to offer. 24 288 MINUTES OF THE That when the Govcrnour was at Albany he had spoke to them to this Purpose. Well, my Brethren, you have gained the Victory ; You have overcome the People & their Lands are yours. We shall buy them of you ; How many Commanders are tliere amongst you, and being told there were forty, he said Then if you will comedown to me 1 wil) give each of these Commanders a Suit of Cloaths such as I wear. They say, that a former Govcrnour proposed to some of their Nation, as they were passing by Conestogoe logo to Vv ar against their Enemies, that he would buy that Land at Tsanandowa, for that he had a mind to settle some of his people there, (as being in their Road) who would Supply them with Necessaries in their Journey ; that they answered, they were then going to War and could not attend Affairs of Land, but at their Return they would lay the Matter before their Chiefs, who would give their Answer, and now they are come to hear what the Governour has to otFer. They add that the said Governour, when he was at Conestogoe, desired those Warriours to Speak to the Chiefs about the Purchase of that Land ; that having no Wampum to send by them as a Token oi the Message, he gave the Warriours a Cask of Powder Avith some Shott, a Peice of red Strowds and some Duffells, that the Warriours delivered their Message to the Chiefs, who have now sent to lett the Governour know they are willing to proceed to a Sale; And with this Speech they present two very small Bundles of Deer Skins for a Confirmation. The Governour told them that he would answer them in the Morn- ing to all they had said, & they departed. JULY 4TH. The Council and Indians being mett according to Appointment, the Governour, by the same Interpretess, in answer to what the Indians said yesterday spoke to them as followes, vizt : The Governours of this Province, who Lave all acted here in the Place of William Penn, the first & great Governour of the same, have always been pleased with every Opportunity of cultivating & improving a friendship with the five Nations, and the present Gover- nour & his Council take their Visit very kindly at this time, but they have been misinformed when they Supposed the Governour had sent for thetn ; the Journey is very long & he would not have putt them to so much Trouble, or if he had seen Occasion for it he would ac- cording to Custom have sent some Messenger with a Token, by which the five Nations might have been assured of the Truth of the Message. Governour Penn, (that is Gnash) when he first came into this Pro- vince, took all the Indians of it by the hand ; he embraced them as bis Friends & Brethren, & made a firm League of Friendship with them ; he bound it as with a Chain that was never to be broken ; he took none of their Lands without purchasing and paying for them, PROVINCIAL COUNCIL. 2&9 & knowing the five Nations claimed the Lands on Sasquehannah, he engaged Collonel Dungan, Governour of New York, about forty years since to purchase their Right in his behalf, which Collonel Dungan did, & we have the Deeds from him for all those Lands. The five Nations were so sensible of this that they never since claimed these Lands, tho' we have had many Visits from them hither for brightning the Chain of Friendship. And five Years since, when Sir William Keith and four Gentlemen of the Council were at Alba- ny, at a general Meeting of all the five Nations their Chiefs of them- selves confirmed the former Grant, and absolutely released all Pretentions to these Lands ; Our Records shew this, & these People who arc now here cannot but be Sensible of it. When a former Governour of this Place, with his Council, made a Present at Conestogoe to some of the five Nations then passing that way, it was not with any view to purchase the Lands at Tsanando- wa. The Governour thanks them very heartily for their offer to sell these Lands, if they are not yet purchased, but he cannot treat about them at present. William Penn's Son, who was born in this Countrey is expected ever here, & then he may treat with them if he think it proper. In the mean time, as these Lands lie next to oui Settlements, tho' at present at a great Distance, We shall take this Ofitir as a Proof of their Resolution to Keep them for him. This is what the Governour has at present to say about Lands, but as they are come a long Journey to visit us. He gives them as our Friends & Brethren these Goods now laid before them, desiring that of the 5 Guns one may be given to the Chief of each of the five Na- tions, with three pounds of Powder & as much Lead, and the rest may be divided as they shall think pi'oper. And we have also pro- vided Bread, Cheese, Rum, Pipes & Tobacco, for their Support in their Return. The Governour doubts not but they are fully convinced of our Friendship and Regard to them, and that they will Consider their Reception here as a Proof of it. The Governour recommends to them to notify to the Chiefs of the five Nations what passes between us, that it may be Kept in perpetual Remembrance. The Goods which were last night ordered for them are, 5 fine Guns, 50 lbs. of Powder, 15 Strowd Match coats, 100 lbs. of Lead, 10 Blanketts, 2 dozen Knives, 10 Duffell Matchcoats, 12 Shirts, Ordered further : To the Interpretess 1 Strowd, 1 Shirt, 1 Matchcoat. To her Husband Carondawana 1 Strowd, & another to her Niece. To Civility 1 Strowd, 1 fine Shirt & 1 pair of Stockings. Also, 1 cwt. of Bisket, 10 Gallons of Rum, with Cheese, Tobacco & Pipes, for their Journey. 290 MLNUTES OF THE After the said Indians had received their Present, & were parted, they again applied, desiring an Opportunity of Offering something further, And the Governour appointing the sanne afternoon, they melt and presenting Six very small Bundles of Deer skins, proceeded to say: That they are come hither to see the Governour in his Govern- ment, and are Torj well pleased with the opportunity given them, & with the Governoiars Discourse this Morning, concerning the Cove- nant Chain & the Friendship that has long subsisted between them, and 'tis This they desire may be Kept bright & shining to the Sun, & that neither Rain nor Damps nor any Rust mayaliect it to deprive It of its Lustre; And that the Governour & his People, & they & their People, and their Children & our Children may ever continue as they have hitherto been, one Body, one Heart & one Blood to all Gene- rations. They are (they say) but of one Nation, but they speak in behalf of all the five Nations & by authority from them all. All humane things are uncertain, & they Know not what may befall them, or into what Misfortunes they may be involved, if they hear any News rela- ting to us like Brethren they will inform us of it ; And if we hear any ill News relating to them they desire also to be informed of it, for when they meet with any Misfortunes and Troubles they will apply ro us and acquaint us with them, as their Friends and Brethren. The say that thcie come many sorts of Traders among them, both .Indians and English, who all Cheat them, & tho' they get their Skins they give them very little in Pay. They have so little for them they cannot live, & can scarce procure Powder & Shott to hunt with & gett more. Those traders bring but little of these, but instead of them they bring Rum which they sell very dear, at least 3 or 4 times more than it is worth, and of this they complain. They take Notice that both the French ^' the English are raising Fortifications in their Country and in their Neighbourhood, and that great Numbers of People are sent thither, the meaning of which they doe not very well conceive; But they fear some ill Consequences from it, and make it now Known to us as their Brethren. They desire there may be no Settlements made up Sasquehannah higherthan Pextan,and that noneof the Settlers thereabouts besuffered to sell or keep any Rum there, for lhat»beir:g the Road by which their People goe out to War, they are apprehensive of Rlischicf if they meet with Liquor in these Parts. They desire also, for the same Reasons, that none of the Traders be allowed to carry any Rum to the remoter Parts where James Le Tort trades, (that is Allegany on the Branches of Ohio.) And this they desire may be taken Notice of, as the mind of the Chiefs of all the five Nations, for it is all those Nations that now speak by them to all our People. The Governour received their present Kindly, thank'd them for what they had said, and that they might have something in Return for their'last Present, It was ordered that the Quantity of Powder PROVINCIAL COUNCIL. 291 should be Encreased to a hundred Pounds, and instead of 100 lbs. tlie\' should have a hundred Barrs of Lead. The Govr. told them he would answer what they had last said in the Morning, upon which, after a friendly Entertainment by the Go- vernour <^ Council they parted. JULY 5TH. The Council being mett & the Indian Chiefs Seated. The Governour, in answer to what they had proposed last Night spoke as follows : To their Ist Speech : The first great Governour of this Place took Care to fix the Covenant Chain between himself &. the Indians, & he & his People have always kept it bright on their parts, & are desi- rous it may ever be continued the same in the Manner they have mentioned betwen our Children & theirs forever, and the old men are desired to acquaint their young People with this as they grow up, that all our Posterity may know what their Fathers have agreed to. We know of no ill News a: present, there is no Danger of any War in these Parts. When we can inform the five Nations of any thing worthy their Knowledge we shall acquaint them : there is a great Talk of War in Europe, but now both the English & French are on the same Side. To the 2d : As to Trade, they know 'tis the Method of all that Ibllow it to buy as Cheap and sell as dear as they can, and every Man must make the best Bargain he can ; the Indians cheat the In- dians & the English cheat the English, «5' every Man must be on his Guard. As to Pvum, we have made divers Laws to prohibit it, & made it lawful! for an Indian to stave all the Rum that is brought to them, for they carry it privately out of Town without the Governours Knowl- edge; But the Indians are too fond of it themselves, they will not destroy it. We desire them not to seize any for that is not lawfull, but that they would break the Casks and destroy it. To the 3d : They may assure themselves that the English ever have been & are their constant Friends. & therefore that they have nothing to fear fiom their Fortifications; Of those made by the ffrench, that they are so remote from us that we Know nothing. To the 4th : We have not hitherto allowed any Settlement to be made above Pextan, but as the young People grow up they will spread of Course, yet it will not be very speedily. The Governour, how- ever, will give orders to them all to be civil to those of the five Na- tions as they pass that way, tho' it would be better if they would pass Sasquehannah above the Mountains. And the sale of Rum shall be prohibited both there & at Alegany, but the Woods are so thick VOL. HI. 292 MINUTES OF TFIE & dark vvc cannot see what is done in them. The Indians ma}- stave any Rum they find in the Woods, but, as has been said, they must not drink or carry any away. The Governour added, that as they were now preparing for their Return, and we were to take Leave of each other, He had in consi- deration that Powder & Lead was of the greatest use to them in their hunting, and that both these were scarce & dear, he had ordered their Quantity to be encreased, then their Rum and Provisions were deli- vered to them, with a parlicular Charse that they should not toitch with any of their Liquor till after their Departure from hence, for that while they staid they should be provided for here. They desired the Governour would give them something in writing, desiring the Inhabitants as they pass'd along their Road to be civil to them & assist them with Provisions, which was accordingly orde- red to be drawn up for them. They further requested a Writing to Shew that the Governor al- lowed them to Stave any Rum they mett with in the Woods, which was promised with this Limitation, that they should not meddle with any Rum they found in any houses whatsoever, and that they should not on any account seize any to drink or carry it away. And with this Caution a Writins; was ordered. Esq'rs. At a Council held at Philadelphia, July 20th, 1727. riiESENT:^ The Honble PATRICK GORDON, Esqr., Lieut. Governr. James Logan, Evan Owen, Richard Hill, Clemt. Plumsted. William Fishbourn, ' The Governour acquainted the Board, that he had called them to- gether to consider of a Petition he had received of one Robert Duck- eft, now under Confinement in Philadelphia Goal for the murder of one John Evans, on board the Ship , in the Bay of Honduras, praying a Speedy Trial, Which Petition being read, Richard Hill, Esqr., one of the Justices of the Supreme Court, informed the Board that this Petitioner was committed by his Warrant for the said Mur- der, which upon examination he had confessed, at the same time de- claring it was wholly accidental S: not of Design. The Board taking the same into serious Consideration, and it ap- pearing doubtfuU whether the Fact is cognisable by our Courts of Justice, the same being committed on the high Seas, are of opinion, that the Attorney General lay this matter before the Justices of the Supreme Court, & acquaint them with the Application now made to this Board, that they may come to some Resolution herein. PROVINCIAL COUNCIL. 293 At a Council held at Philadelphia, August 15th, 112T. rKESKNr : The Honourable PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Samuel Preston, ? p Richard Hill, William Fishbourn. 5 Isaac Norris, The three following Bills were this day sent up from the House of Representatives, vizt : AN" ACT for establishing a Ferry irom the City of Philadelphia, to the landing at or near the House of William Cooper, &, another from or near the City bounds to Gloucester, in New Jersey. Upon reading which, it was observed, that the Appointment of Ferries over Great Rivers being a part of the Prerogative, is therefore lodged in the Proprietor, and that tho' divers Ferries have been ap- pointed by Acts of Assembly, yet the Grant was always to some person named in the Act who was thereby made the object of the Go- vernour and Asserablys Favour. That the Ferries to be established by this Act may properly enough come under the Cognisance and Direction of the Corporation, seeing the Ferry to and from Gloucester chiefly regards the City as well as that to Coopers ; But that it would be very improper to vest the County Commissions with this Power over Ferries, who are only appointed for some services incumbent on eaclr County respectively to discharge, and therefore that if no par- ticular Person is mentioned in the Act, and if it may not be managed by the Corporation, the same will more naturally fall under the Di- rection of the Governour and Council, who have the sole Power of establishing all the greater Roads. And an Amendment was drawn up accordingly. AN ACT more effectually to prevent u.nfair Practices in the pack- ing of Beef and Pork for Exportation. It was proposed as an Amendment to this Bill, that the barrel ot Pork should contain 31 i Gallons, in Conformity to the English Stan- dard, and the Practice of our neighbouring Government of New York, It was likewise considered, that the Fee to the Officer a[)pointed by this Act is too high, for that one shilling or iburteen pence at most may be a sufficient Fee for packing, salting and brandirg, or for open- ing, repacking, and branding one Barrell. And an Amendment was ordered accordingly. A Supplementary Act to the Act for ascertaining the number cf Members of Assembly, and to regulate Elections. To which an Amendment was drawn up and agreed to in the fol- lowing Words : " The House undoubtedly proposes by this Act to supply what is " deficient in the first recited Act of the 4th of Q. A. ; But on a care- " ful Review of that act, and this Supplement proposed there appears " this Great Defect. 294 MINUTES OF THE " The Act in force very carefully provides, that no Person shall " under the Penalty of Five pounds Vote for Assembly men, but " such as are qualified as that Act directs, and lo the End that no " Person be admitted to vote but such as the ]nsj)ectors Know to be " thus qualified; It is provided, that every Elector, before he be ad- *' mitted to poll, shall take a solemn Allirmation prescribed by the " Act if required by any of the Inspectors, but the Inspectors neither *' are required, nor duly empowered by the Act to administer any " such Oath or Affirmation. *' Therefore, as this has probably been overlooked by the House, *' and as loud Complaints have been made of Persons being frequent- '' ly admitted in some Places to vote, who by Law have no Right, the '' following Amendment is proposed. " And the said Inspectors are hereby authorized & required to " administer to every Elector or Person who presents his Tickett for " electing Representatives to serve in Assembly, an Oath or Affir- " mation, in the words directed bj the aforesaid Act of the 4th of *' Queen Anne, vizt : that such Elector is of twenty one years of " age, and a Freeholder, &c., unless the Qualification of such Elec- " tor be generally well Known, or some one or more of the Inspec- " tors shall or will openly declare to the rest, that they Know such " Elector to be qualified as aforesaid ; And the Votes or Pickets of " such as ofl^er to poll & refuse to take the said Oath or Affirmation " shall be openly rejected ; And the Vote or Ticket of every Person " who takes the said Oath or Affirmation shall be putt in the Box, " and no Ticket so received shall be suppressed. " It is further proposed, that as the Inhabitants of Philadia. County " & City are more numerous than those of the other Counties, that " more Inspectors should be appointed for the said County c^- City, " vizt: Eight in Number." And the said Bills, with the Amendments, were ordered to Le re- turned to the House. At a Council held at Philadelphia, August 18th, 1727. present: The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn. ; , Richard Hill, Clement Plumstead. S ^^ ^^' A Bill, Entituled An Act for establishing Courts of Judicature in this Province, being sent up by the House, was read, To which the following Clause concerning Appeals, contained in a late Instruction from His Majesty, was proposed to be added as an Amendment, to which the Board agreed, & the same is as foUowes. PROVINCIAL COUNCIL. 295 " And Execution shall be suspended until the final Determination " of such Appeal, unless good &, suffiient Security be given by the " Appellee to make ample Restitution of all that the Appellant shall " have lost by means of such Judgement or Decree, in case upon the " Determination of such Appeal, such Decree or Judgement should •' be reversed & Restitution awarded to the Appellant." Then the Governour acquaint-.'d the Board, that he had received from 3Ir. Moore, Collector of the Customs a Proviso to be added to the said Bill, which the Collector conceives to be for His Majesties Interest, and therefore His Honour now recommended it to their Consideration, which being read, is as foUowes : " Provided always and be Enacted by the Authority aforesaid, *' thai all Actions, qui tarn Suits, Informations and Prosecutions what- ■•' soever, wherein the Kings Majesty, his Heirs or Successors, is or '• shall be anyways interested or concerned, shall and may be com- " mcnced, sued or prosecuted originally in the Supreme Court of this " Province, any thing herein, or any Law, Usage or Custom to the " contrary notwithstanding." Flereupon most of the Members observed, that it would be in vain to ofler the same to the Plouse, because the Chief Design of this new Bill being to take away from that Court all Power of issuing Original ^Vritts, which Power by a former unanimous Resolve of the House was adjudged not to be in the said Court, even by the former Act, it being only designed as a Court for redressing the Errors, «S:c. of clher Courts, and from the Sentence of which there lies no Appeal, but to the King, therefore the Clause now offered seemed very im- proper. But upon the Governours pressing that the same should at least be laid before the House, the Board agreed thereto, oard, that yesterday His Royal Highness George, Prince of Wales, had been publickly pro- claimed hero King of Great Britain, &c., by the Name of George the Second, with the Solcmnit}' and Ceremony suitable on that occasion. His Honour took the Oaths, and the several IMembers present the Affirmations of Allegiance & Fidelity to his said Majesty & Abju- ration of the Pretender, as did likewise the Clerk of the Council. The Governour then desired the Advice of the Board, whether His Majesty should be proclainsed in each of the three lower Counties upon Delaware, or whether it would not be sufficient if it was only done at Newcastle, seeing that Place is reputed the Seat of Go- vernment of these Counties. The Board is of opinion that it is sufficient if done at Newcastle. After which the Governour took Occasion to inform the Board, that the uncertain State of his Health would not allow him to make Journey hither as he had intended, but that however he would give the necessary Directions to the Gentlemen of the Magistracy there. It was then proposed to renew the several Commissions of the Su- preme Courts, and of the Peace, for- the Province and Counties ni His present Majesty's Name, which being by the Board approved of. It's ordered, that new Commissions beforthv.-ilh issued in his present Majestys Name to the same Judges and Justices named in the Com- missions now subsisting, leaving out those of them that are dead, & •adding James James to the Commission of the Peace for the County of Chester, whom the Board held proper to be Commissionated a Justice of that County. Samuel Preston, Esqr., one of the ]\Iembers present, moved that his Name might be left out of the Commission of the Peace for Phi- ladelphia County, because his Affairs would not allow him to give the necessary Attendance, Which was conceded to. At a Council held at Philadelphia, September 14th, 1727. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, ? -p, » , Richard Hill, Clement Plumstead. 3 ""^ Isaac Norris, The Governour acquainted the Board, that he had called them to- gether at this time to inform them that there is lately arrived from PROVINCIAL COUNCIL. 299 Holland, a Ship with four hundred Palatines, as 'tis said, and that he has information they will be very soon followed by a much greater Number, who design to settle in the back parts of this Province ; & as thev transport themselves without any Leave obtained from the Crown of Great Britain, and settle themselves upon the Pro[)rietors untaken up Lands without any Application to the Proprietor or his Commissioners of Property, or to the Government in General, it would be highly necessary to concert proper Measures for the Peace and Security of the Province, which may be endangered by such Num- bers of Strangers daily poured in, who being ignorant of our Language & Laws, & settling in a Body together, make, as it were, a distinct People from his Majesties Subjects. The Board taking the same into their serious Consideration, ob- serve, that as these People pretended at first that they ily hither on the Score of their religious Liberties, and come under the Protection of His Majesty, its requisite that in the first Place they should take the Oath of Allegiance, or some equivalent to it to His Majesty, and promise Fidelity to the Proprietor & obedience to our Established Constitution ; And therefore, untill some proper Remedy can be had from Plome, to prevent the Importation of such Numbers of Stran- gers into this or others of His Majesties Colonies. 'Tis Oedered, that the Masters of the Vessells importing them shall be examined whether they have any Leave granted them by the Court of Britain for the LTiportation of these Forreigners, and ifiat a List shall be taken of the Names of all these People, their several Oc- cupations, and the Places from whence they come, and shall be fur- ther examined touching their Intentions in coming hither ; And further, that a Writing be drawn up for them to sign declaring their Allegiance & Subjection to the King of Great Britain & Fidelity to the Proprietary of this Province, & that they will demean themselves peaceably towards all His Majesties Subjects, & strictly observe, and conform to the Laws of Encrland and of this Government, At a Council held at the Courtho, of Philadia., Septemr. 2 1st, 1727. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, > ^ , Richard Hill, 5 ^'^^'^ '■^• A Paper being drawn up to be signed by those Palatines, who should come into this Province with an Intention to settle therein, pursuant to the order of this Board, was this day presented, read & approved, & is in these Words : We Subscribers, Natives and late Inhabitants of the Palatinate upon the Rhine & Places adjacent, having transported ourselves and Families 25 300 MINUTES OF THE into this Province of Pensilvania, a Colony subject to the Crown of Great Biitain, in hopes and Expectation of finding a Retreat & peace- able Settlement therein, Do Solemnly promise & Kngage,that We will be laithfull &; bear true Allegiance to his present MAJESTY KING GEORGE THE SECOND, and His Successors Kings of Great Britain, and will be faithfiill to the Proprietor of this Province ; And that We will demean ourselves peaceably to all His s;iid Majesties Subjects, and strictly observe & conform to the Laws of England and of this Province, to the utmost of our Power and best of our under- standing. A Signed List was then laid before the Board, of the Names of one hundred & nine Palatines, who with their Families, making in all about Four hundred Persons, were imported into this Province in the Ship William and Sarah, William Hill, Master, from Rotterdam, but last from Dover, as by Clearance from the Officers of his Majes- ties Customs there ; And the said Master being asked, if he had any License from the Court of Great Britain for transporting those Peo- ple, & what their Intentions were in coming hither, said that he had no other License or Allowance for their Transportation than the above Clearance, and that he believed they designed to settle in this Province. They were then called in, and the several Persons whose Names are subjoyned did repeat & subscribe the foregoing Declara- tion, vizt : G. M. Wey, V. D. M., Hans Jerig Siegler, Jacob Gons, Hans Jorig Swab, Michael Peatley, Unicus Meyer, Hans Martin Lerystein, Hans Michael Fiell, Hans Jeris; Hereylf, Abraham Beni, Jacob Josi, Hans Bernard Wolf, Frederick Heiligas, Andrew Simmicrman, Philip Feruser, Hans Michael Pagman, Hans Serick Wigler, Hans Filkisyngcr, Sebastian Creef, Utins Adam Milder, Hans Jerig Wolf, Johan Habataker, Anspel Anspag, Hans Jerig Bowman, Alexr. Diebenderf, Sundry of these forrcigners qualified. Hendrick Meyer, Hans Jerig Anspag, Philip Sroygar, Elias Meyer, Johannes Leyb, Hans Jerig Milder, Pastor Springier, Hans Martin Wilder, Martin Prill, Peter Seytz, Johannes Ekman, Johannes Berret, Andrew Holtspan„ Tobias Frye, Joseph Welbrogt, Jacob Meyer, Abraham Thiirn, Hans Jerig Wiegle, Hans Jerig Craemen, Hans Jerig Rcler, Diodorick Roida, Philip Jacob Reylcnder, Ernest Roade, Philip Sietrler, Rudolph Wilke. lying sick on board never came to be PROVINCIAL COUNCIL. 501 Esq'rs. At a Council held in the Courtho. of Philadia., Septemr. 27th, 1727. PRESKNT : The Honbic PATRICK GORDON, Esqr., Lieut. Govr. James Lojian, Isaac Norris, Richard Hill, Sarr.l. Preston. A List was presented to the Board of the Names of Fifty three Palatines, who with their Families making in all about two hundred Persons, were imported into this Province in the Ship James Good- will, David Crockat, Mr., from Rotterdam, but last from Falmouth, as by the Masters Affidavit signed by the Officers of the Customs there, It appeared upon Enquiry that the Master had no particular License for their Transportation. They were then called in, and the several Persons whose Names are subjoyned, did repeat & sign the Declaration inserted in the preceeding Minute, vizt : Michael Sigrist, Michael Tanner, Joseph Schurgh, Hans Haggy, Jorgan Miller, Hans Leaman, Hans Langneker, Hendrick Aberlee, Raynard Jung, Jacob Wygart, William Wygart, Tewalt Leatherman, Hans Michael Kuntz, Jurg Michael Kuntz, Ulrick Stoupher, Ulrick Zugg, Peter Zugg, Barthol Sigrist, Abraham Abaci soil, Jacob Fritz, Adam Kiener, William Kiener, Hans Kiener, Christian Webber, Hans Michl. Fredler, Philip Schaberger, Jurg Steinio;er, Joseph Clap, John Adam Philple, Jurgh Clap, Lodowick Clap, Christian Miller, Jurgh Coch, Jacob Walter, Senr., Jacob Walter, Junr. , Christopher Kirkhof, Hendrick Schultz, Jacob Siegle, Jacob Gass, Senr., Jacob Gass, Junr., Frederick Gass, John Miller, Joseph Miller, Hans Miller, Hans Foster, Jacob Arnett, Paul Hein, Hans Hein, Baslian Merce, Michael Lybert, Jurgh Zengh, Jacob Ganwyer. Hendrick Wolfe, Mr. Logan acquainted the Board, that last night he received a Letter from John Wright, Esqr., one of the Justices of Peace of Chester County, giving Account that one Thomas Wright was killed by some Indians at Snaketown, forty miles above Conestogoe, which Letter, together with the Depositions of John Wilkins, Esther Burt and Mary Wright, and an Inquisition taken upon the dead Body were all laid before the Board. 302 MINUTES OF THE The said Depositions being read, sett forth, that on Monday the Eleventh of this instant, September, several Indians, together with one John Burt an Indian Trader, and the said Thomas Wright, werer drinking near the House of said Burt, who was Singing and dancing with the Indians after their manner, that some Dispute arising be- tween one of the Indians and the said Wright, Burt bid Wright ivnock down the Indian, whereupon Wright laid hold of the Indian but did not beat him, that afterwards Burt struck the Indian several Blows wiih his Fist, that the said Wright and Burt afterwards retired into the House where the Indians followed them and broke open the Door, that while AVright was endeavouring to pacify them Burt called out for his Gun, & continued to provoke them more and more. That hereupon the said Wright fled to the Henhouse to hide himself whith- er the Indians pursued him, and next morning he was there found dead. The Inquisition on the Body setts forth, that the said Wright came to his Death by several Blows on his Head, Neck and Temples, which the Jurors say, they believe, were given him by the Indians. Jonas Devenport, who brought this Account, 6c was one of the Inquest, being called in and exammed, says, that he was informed by credible People living near the Place where the Murther was com- mitted, that John Burt sent for Rum to the Indians which they drank, and that he afterwards sent for more, that a Dispute arising between Burt & the Indians, the said Burt fiU'd his hands w'ith his own Dung and threw it among the Indians ; that it is generally believed if Burl had not provoked & abused them to so high a Degree the matter might be made up amicably, and that tho' it's very certain the Indians killed Thomas Wright, yet that the said Burt was the principal oc- casion of it. Being likewise examined of what Nation these Indians are, says, they are of the Munscoes Indians, who live on an Eastern Branch of Sasquehannah. The Members of the Board observed, that this was the first Acci- dent of the Kind they had ever heard of in this Province since its first Settlement ; And that tho' the Indians, who committed the Fact, had received very high Provocations, yet as a subject had lost his Life, It is absolutely necessary the Government should take Notice of & move in it, for that notwithstanding it will be difficult, as the Fact was circumstanced to call these Indians regularly to an Ac- count, yet some proper measures ought to be taken to make the In- dians in general sensible of the Outrageousness of the Action, & to oblidgethem to make such Satisfaction as the nature of the Case will admit of. It was hereupon further observed, that this Governmt. had been Ibrmerly happy above most ofour Neighbours, in preserv- ing a good understanding and an uninterrupted Friendship with all our Indians, which was effected by the just &. oblidging Measures our late Proprietor first took with them, by which he had greatly endear- ed them to himself and to this Government, & the Same Methods had been for Years constantly continued by Treaties with them, held PROVINCIAL COUNCIL. 303 at a small Expence, for that the whole Charge, one year with an- other, had not exceeded the Allowance of Fifty Pounds pr. annum, which the Assemblies from time to time had formerly granted ; But that now for six years past, vizt : the five last years of the late Ad- ministration, & one Year since the present Governours arrival, we have had no manner of Treaty with our own Indians, upon which they think themselves slighted, & have complained of it on divers occasions ; That the late Assembly also, being sensible of this, by their Speaker accompanied by the whole House, when the last Bills were pass'd, had signified to the Governour that the House was de- sirous a visit should be paid the Indians as usual, & it was hoped, when the Season of the year would admit of it, Care would be taken to doe it, for which the Ensuing House would undoubtedly make a suitable Provision, since the late one of their own motion thought fitt to make such an Application. It was also observed that this unhappy Accident, occasioned by an Indian Trader, who in pursuance of the Law in being for regulating the Indian Trade, had last year obtained a Recommendation from Chester Court for a License clearly shews the Necessity of having that Trade, and the Qualifications of the Persons admitted to it more narrowly inspected, than is at present provided ; for that tho' this Burt had been recommended for a Licence, it was scarce possible to find a man in the whole Government more unfitt for it ; That it is manifest this Misfortune was owing principally to furnishing the In- dians with Rum, and that tho' the Law is very severe against the Practice, yet now that Liquor is once more become the principal Ar- ticle in some People's Trade with them, to the great Scandal, as well as Insecurity of the whole Governmt. against which, unless some more effectual Provision is made, the publick Tranquility will ever be in Danger ; All which is submitted to the Governours Considera- tion. The Fact under Consideration being further entered on. It is Re- solved, that the Indians being at this time generally abroad on hunt- ing nothing can be done with them till Spring, but that then it will be necessary to treat with them upon it. In the mean while, that it will be requisite that Burt should be apprehended & secured, and 'tis Ordered, that the Matter be recommended to the Chief Justice, that he may issue his Warrant for the takmg of him. At a Council held at the Courtho. of Philadia., Septr. 30th, 1727. PRESENT : The Honble PATRICK GORDON, Esqr. Lieut. Govr. James Logan, William Fishbourn, 7 p, , Richard Hill, Clement Plumsted. J ^^^q rs. A List was presented to the Board of the Names of Seventy Pala- tines, who with their Families, making in all about Three hundred VOL. m. 304 MINUTES OF THE l^ersons, were iinporteJ in the Ship I\Ialley, Jno. Hodgeson, Master, from liotterdam, but last from Deal, as by a Clearance from the Officers of the Customs there, It appeared upon Enquiry that they were come hither with an Intention to settle in this Province, and that the Master had no Special License for their Transportation. They were called in, and the Persons whose names are subjoyned, did repeat and Subscribe the Declaration insened in the Minute of the 2 1st Instant, viz : Hans Erick Ovver, Francis Stouper, Hans Stouper, Hans Jacob Bender, Michael Spooner, Hans Erick Keel, Hans Erick Heyrigcr. Lutterick Vellerey, Hans Ower Parent, Letterick Pieter, Hans Adam Soulder, Hans Michael Smith, Johannes Sneydcr, Andreas Elicks, Porcas Hoffman, Felix Goadts, Johannes Ciowse, Wey-in Teale, Michel Sebastian, Augustin Weder, Mans Lenord Hoffman, Hans Teyger, Martin Hosuer. Hendrick Penhort, Hendrick Fultz, Hans Erick Teluer, M erick Foux, gtephanus Raper, Erick Lutwich Zell,. Samuel Baire, Hans Rinck, Hans Erick Sheillinberg, David Marten, Jacob Marten, Henrick Hoffman, Jost Moyser, Christian Moysor, Ulrick Sheiilinbergen,. Michel Schenk, Christian Waltone, Hans Moyser, Hans You, Jacob Shir, Hans Erick Crable. Henrick Meyer, Michel Crable, Samuel Overhoulster, Felton Younge, Jacob Roust, Hans Cooble, Jacob Baer, Hans Funck, Michel France^, Peter Goadts, Christian Solderman, Samuel Good, Jacob Hower, Rodulph Landish, Rodulph Baine, Martin Kindegy, Jacob Wanner, Orick Leepe, Christian Willand, James Miller, ' Martin Kearstucker, John Mather Euger, Johannes Pealer, Hans Miller, Hans Mickle, Hans Erick Felter. Esq'rsc PROVINCIAL COUNCIL. 305 At a Council held at Philadelphia, October 2cl, 1727". FRKSKNT : The Honbie PATRICK GORDON, Esqr., Lieut. Governour, Richard Hill, Clemt, Plumsted, Willm. Fishbourn, A List was presented to the Board of Fifty three Palatines, who with their Families, making in all about one hundred and forty Per- sons, were imported in the Ship Adventure, Jno. Davies, Master, from Rotterdam, but last from Plymouth, as by Clearance from the Officers of the Customs there, It appeared upon Enquiry that the Master had no particular License for their Transportation. They were then called in, & having declared that thej intended to settle & live peace- ably in this Province, the several Persons whose names are Subjoyn- ed, did repeat & subscribe the Declaration inserted in- the Minute of the 21st of September last, viat : Michael Miller, Frans Baltzar Frans, Joannes Radler, Joannes Cortes, Joannes Layman, Nicolas Crou, Casper Veye, Palzer Lyme, Jacob Lydie, Jacob Wihelmus, Jacques Simonel,. Ulrick Ryser, Michael Keysar,. Joan Carlo Horlaeker, Joannes Ulrick, Nicolas Keysar, Hans Adam Oser, Johannes Peter HofF, Peter Shilling, Christopher Ulrick, Mathias Ryseling, Chiistian Bikler, Jacob Bowman, Johan Jacob Hoffman, Peter Roole, Daniel Bowman, John Seyham, At a Council held at Philadia., October 4th, 1*27. PRESENT : The Honbie PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, "] Isaac Norris, Samuel Preston, I Esquires Richard liiH, Clement Plumsted. J The Governour laid before the Board the several Returns of She- rifs & Coroners, elected, this present year for the respective Counties of this Province, & desired the Advice of the Members present in his Nomination, which is as follovves : For Philadia. City & County : Owen Owen &; Isaac Leech being returned for Sherifs, and Joshua Fincher & .Tacob Leech for Coroners, Ovren Owen is appointed Sherif, & Joshua Fincher Coroner. 306 MINUTES OF THE For Chester County : John Taylor & PhiHp Taylor being returned for Sherifs, and Abraham Darlington & Jno. Mendenhall for Coro- ners, John Taylor is appointed Sherif & John Mendenhall Coroner. For Bucks County : Thomas Biles & Joseph Lupton being returned for Sherif, & Jonathan Woolston & William Atkinson for Coroners, Thomas Biles is appointed Sherif & Jonathan Woolston Coroner. And Commissions are accordingly ordered to the said Persons for their respective Offices, the Sherifs giving Security in the Rolls Office as the Law directs. The day following out of Council, Returns being made of the Elec- tions of Sherifs & Coroners for the Counties of Newcastle, Kent & Sussex upon Delaware, the following Persons were appointed. For Newcastle County : John Gooding and William Battell being returned for Sherifs, and Morgan Morgan &, Joshua Story for Coro- ners, John Gooding is appointed Sherif & Morgan Morgan Coroner. For Kent County ; 'William Rodeney & Thomas Skidmore being returned for Sherifs, & Samuel Berry & Edward Jennings for Coro- ners, Thomas Skidmore is appointed Sherif & Samuel Berry Coro- ner. For Sussex County ; Rives Holt & Peter Adams being returned for Sherifs, and Samuel Davies and John Russell for Coroners, Rives Holt is appointed Sherif & Samuel Davies Coroner. At a Council held at Philadia., October 14th, 1727. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, ) p , Richard Hill, Clement Plumsted. S ^^ '"^' The Representatives of the Freemen of this Province elected the 1st instant, being this day mett in Assembly, in pursuance of their Charter & the Law in that case made & provided, M^aited on the Govr. to present to him their Speaker. And accordingly David Lloyd, Esquire, addressing himself to His Honour, acquainted him that the House had been pleased to chuse him to be their Speaker, but hoped the Govr. would recommend to them another Choice, there being so many other Persons of greater Abilities for that Office; To which the Governour answered that He would always have a great Regard for the Houses Choice, & there- fore could not but approve of their present one. Then the Speaker, in the Name of the House, desired that the Go- vernour would protect them in their Rights & Privdeges, putt a fa- vourable Construction on their Proceedings, and grant the Members of Assembly free Access to His Presence, when sent to him by the House, Which the Governour very readily promised, & then the House withdrew. PROVINCIAL COUNCIL. 307 At a Council held at theCourtho.of Philadia., Octr. 16th, 1727. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, William Fishbourn, P ^ • , Samuel Preston, Clement Plumsted. 5 A List was presented to the Board of the Names of Forty six Pa- latines, who with their Familes, making in all about Two hundred Persons, were imported here in the Ship Friendship of Bristol, John Davies, Mr., from Rotterdam, but last from Cows, as by Clearance from the Officers of the Customs there, bearing date the 20th day of June last, It appeared upon Enquiry that there was no Special Li- cense granted for their Transportation, & that they are come hither with a Design to settle in this Province. They were then called in, & the several Persons whose names are subjoyned did repeat & sign the Declaration inserted in the Minute of the 21st of September last. Peter Tagman, Hillis Castle, Joannes Forrer, Jerem Miller Andreas Swartz, Albrecht Bowman, Henry Strickler, Hans Jerig Miller, Jacob Histant, Nicholas Bogart, Jno. Histant, Hans Jerig Hoffman, Abraham Swartz, Nicholas Crosman, Christian Meyer, Mathias Swyzer, Joannes Feyseg, Peter Wilde, Peter Pixseler, Jacob Sneppelen, Hans Reser, Philip Reemer, Peter Leeman, Palatine Gratz, Hans Jerig Lowman, Henry Sneppeley, Christian Crorebit, Vincent Mayer, Martin Schaffenes, Henry SchenhoU, Henry Lier, Joannes Hosle. Adam Lepert, At a Council held at Philadia., October 19lh, 1727. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, "] Richard Hill, Clement Plumsted. lEsq'rs. Isaac Norris, J The Governour informed the Board, that the Assembly of this Province had lately drawn up an Address to His Majestic, on His happy Accession to the Throne of Great Britain, in which he would have concurred had the House been willing to have made some Alte- rations in the Stile & manner thereof, which he conceived was not so proper from him. SOS - MINUTES OF THE And therefore said, he was now to propose an Address in his own & the Name of this Board, as a Mark of their Loyalty & Affection to His Majesties Sacred Person & Government, a Draught whereof he had prepared, &, hoped the Board would agree thereto, which being read, is in these words. " TO HIS MOST EXCELLENT MAJESTY GEORGE THE "" SECOND, by the Grace of God, King of Great Britain, France & " Ireland, Defender of the Faith, d:c. " The Humble Address of the Lieutenant Governour of the Pro- ■" vince of Pensylvania, & Counties of Newcastle, Kent & Sussex ** upon Delaware, and Council of the same. ^- MOST GRACIOUS SOVEREIGN; " Tho' the peculiar Indulgence of Heaven to the Britisii Nation, *' in calling the most Illustrious House of Hannover to the Posses- *' sion-of its Throne, could not but deeply affect with the Sincerest " Gratitude every honest Subject, who had the Safety, true Interest, '" & Honour of their Country at hearc, in being made Sharers of so " continued a Series of Blessings Showr'd down on them thro' the "" wise &- just Administration of Your Royal Father ; Y'^et with Hearts '• more dilated & Joy more extensive, do we behold His Royal Issue " in \ our Majestys Sacred Person succeed to the same Throne, as " the Surest Pledge of the Divine Will to perpetuate with a happy In- " crease, the same Mighty Blessings to all the British Dominions, " in Y'"ourself and Your Posterity forever. ^' Your Majestys most Consummate Prudence so largely shewn in "•' your whole Conduct, while only our Prince, and that Cordial Af- " fection,yourself & most Excellent Consort on all occasions expressed " to those over whom Heaven designed you should reign, together '' with the repeated Assurances Y^ou were graciously pleased to give, " by the first & earliest Opportunities of your Purpose to make the " Happiness of your People the only Rule of your Government, " must so iirmly unite the Hearts of all your Subjects to your Sa- " cred Person, & so fill them with Excess of Joy, that nothing can " add to their present Happiness, but the just Hope & Expectation ^' that every Day, under so auspicious a Reign, will administer fresh " Occasions to strengthen &; yet more firmly established the same. " Of these inestimable Blessings, dispensed by Divine Providence •' through Your Royal Hauds from the Treasuries of Heaven, whose "'infinite Goodness therein We most humbly &- gratefully adore ; *' We in the Recess of your Dominions being duly Sensible, tho' in " a remote Sphere, yet with Hearts as Loyal and full of a sincere " Affection as can animate those who move in the nearest to your " Glorious Rayes, doe gladly Embrace this Opportunity, by the only " Method ai our Power to lay ourselves at your Royal Feet, & with " Hearts prostrate to Heaven implore the Sole Fountain of all Bles- •' sings to pour down the Choicest, the best & most solid on your " Sacred Head, on your beloved Consort our Gracious Queen, & PROVINCIAL COUNCIL. 309 '* those darling Pledsres of Your Mutual Affection & of the Nations " Happiness, Your Royal Issue, of whom We heartily pray there " may never be wanting one equally stock'd with the Vertues of the " August Hannoverian Family in all Ages to come to strengthen & " adorn the British Throne." The Board unanimously concurred with the Governour in the sense & meaning of the said Address, and only excepted to the Stile &. Lan- guage as improper to their Profession to use. The same was then ordered to be transcribed & signed by the Governr. , who undertook to transmit it by the first opportunity. At a Council held at Philadia., Janry. 23d, 1727-8 PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governr. Samuel Preston, Clement Plumsted, ^ Eso'r^ William Fishbourn, i The Governour laid before the Board a Speech in Writing wch he intended to make to the House of Representatives, &; desired the opinion of the Council thereupon. Which was approved of by the Board. & the House of Representatives being sent for, attended with their Speaker, to whom the Governour spoke as follows: " Mr. Speaker & Gentlemen of the House of Representatives : " At your first Meeting after the Election, you had the opportunity " of expressing your Zeal & Affection, in the Name of the Inhabi- " tants of this Province, to His Most Excellent Majesty King George " the Second, upon His Happy Accession to the Throne of His Royal " Ancestors ; And now being mett on your Adjournment from that " time to proceed on the Business of the Country, I must in the first " place give both myself & you the Pleasure of observing the Har- " mony & Unanimity, which have appeared amongst People of all " Ranks on that great occasion, where the only Contention is, who " shall be most forward in expressing an entire Satisfaction in that " happy Establishment lo which they owe every thing that's dear to " a free People, with a full Depcndanceon His Majesty's Care for sup- " porting them in their highest & greatest Concerns; And as this " certainly procures Peace at home, & will best secure the British " Interest abroad, it may justly be looked upon as the happy Presage " of a Reign equally glorious to His Majesty, and beneficial to all " His Subjects. " And therefore I shall not in the least doubt of our following this " great Kxample of our fellow Subjects at home, in pursuing the " Ways of Peace, Concord &l Amity, as the only sure means of pro- " curing and continuing to ourselves and Posterity a solid & lasting " Blessing on our honest Endeavours. 310 MINUTES OF THE " My Conduct hitherto, I am perswaded, will witness for me, that *' I have no pjivate Views of my own nor Ends to gain, and that I " have had nothing more at heart than the real Interest of the Colony. " Were not this my indispensible Duty, as w<^]\ as Inclination, I am " strictly enjoyned by our worthy IVoprietors to do every thing that " lies in me to promote the true Interest of the Province; And I take " this opportunity again to assure you, I shall always, while I have " the Honour to be at the Head of the Administration, find a most " sensible Pleasure in concurring with you in every thing that may '• conduce to the true Benefit & Advantage of the good People you " represent. " What the Service of the Publick requires will naturally fall ^' under your Notice, I shall only here recommend to you Unani- *■ mity & Dispatch in all your affiiirs, & what further may occur " shall be commvmicated to your House by Message." The Governour then acquainted the Speaker, that he had taken Care to forward the Houses Address to His Majesty by the first op- portunity afier their last Sessions, And the Speaker having obtained a Copy of the foregoing Speech the House withdrew. At a Council held at Philadelphia, April 2d, 1728. rRKSENT : The Honble PATRICK GORDON, Esqr., Lieut, Governour. William Fishbourn, ? -p , . Clement Plumsted, ^ " ^' Present also, at the Governours Desire, Thomas Laurence, Esqr., Mayor of the City, & Andrew Hamilton, Esquire, Recorder. The Governour acquainted the Board, that two Ships being lately arrived in this River, from Bristol in Great Britain, vizt : the Doro- thy, John Bedford, Master, & the Pharoah, Thomas News, Master, with several Passengers on board, and a Report having been spread that several Persons had died on board the Ship Dorothy of a malig- nant Fever, he had given orders that both the said Vessells (as commg I'rom the same Place) should not come near this City, until they were first visited; And that by a Warrant under his hand & seal, directed to Doctor Thomas Grteme & Doctor Lloyd Zachary, Physicians, he had empowered them to visit the said Ships, «Si make Strict Enquiry into "the fetate & Condition of Health of those on Board & to make Report thereof And that now the said Physicians having made their Report to him in writing, he had thought proper to call as many of the Council as were in Town, together with the Mayor & Recorder, to Say the same before them for their opinion & advice. Which Report being read, setting forth, that severals on board the Ship Dorothy had been seized with a malignant Fever, of which PROVINCIAL COUNCIL. 311 some were oead, a good many recovered, & a few still ailing, and that they conceived it proper to order a Removal of all such as are in the least ailing into fresh air, with other Conveniences; And fur- ther, that having visited the Ship Pharaoh, they find all on board in g-ood Health, And the said Physicians attending were called in, & confirmed their Report, vizt: Dr. Gra'cne on his Oath & Dr. Zacha- ry on his Affirmation, and likewise added, that from what they had learnt of those now sick on board the Ship Dorothy, fifteen Persons had died of this Fever in the Passage. The Board taking the same into their Serious Consideration, & having jierused An 7\.ct of this Province, Entituled An act to prevent Sickly Vessells from coming into this Government. Ordered, that the said Ship Dorothy come not nearer than one Mile to any of the Towns or Ports of this Province, and that the Master or Owners of the said Ship do not presume to land any Goods, Passengers or Sail- ors, from on board her at Philadelphia, without License first obtained from this Board, under the Penalty in the said Act mentioned; And that the Sherif of Philadelphia serve the Master or Owners of the said Ship with a Copy of this Order ; And further, that the be re- quired to provide some convenient Place at the Distance aforesaid lor the Reception of those Persons, who are still sick on board, that proper care may be taken for their Recovery. 'Tis further Ordered, that the Ship Pharoah be admitted to Enter & Land at Philadelphia the Goods & Passengers now on board her. At a Council held at Philadia., April 11th, 1728. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governr. Isaac Norris, William Fishbourn, ^p Samuel Preston, Clement Plumsted. ^ i^squires. Upon the application of Mr. Thomas "Willing, Merchant, part owner of the Ship Dorothy, and the Report of Doctor Thomas Graeme & Doctor Lloyd Zachary, Physicians, setting forth that they had of new visited the said Ship, and that no Person on board had been seized with any malignant Fever since their arrival in this River, (Delaware) and that no Person now on board labours under such Symptoms as can denote him or her at this time aiTected with the said Distemper, but that all the said Ships Company are now in good Health, with Exception to those concerning whom they made their former Report, who have ever since been seperated from those now on Board. 'Ti3 Ordered, that the said Ship Dorothy be allowed to Enter & putt on shore at Philadelphia the Goods & Passengers on board, due 26 312 MINUTES OF THE Care being had, that before the said Vessell come up to Philadia., all the Bedding be putt ashoar al a convenient Distance from the City, there to be aired, and that the said Vessell be smoaked with Tobacco & washed with V^inegar, & that the Bales of woolen Goods on board remain some time exposed to the Air on Deck before land- ing ; and further, that the said 8hip ly out in the Stream of the River & not come near any Wharf till she is sufficiently cleansed, of which the Owners & Master are to take Notice and Govern themselves accordingly At a Council held at Philadia., April 18th, 17£8. I present: The Honble PATRICK GORDON, Esqr., Lieut. Governr James Logan, Samuel Preston, Isaac Norris, Clement Plumsted. Esq'fs. The Governour informed the Board, that James Lelort an Indian Trader, was lately come to town from Chenastry, on the upper parts of the River Sasquehannah, to acquaint this Government with a matter he had been informed of by Mistress Montour, who had mar- ried the Indian called Robert Hunter, & was here with her said hus- band last summer in Company with those of the five Nations who had visited us then, the Import of which is. That the People of the five Nations had seat to the Miamis Sz Twechtweys, called also the naked Indians, settled at the Western End of the Lake Erie within the french Claims, desiring them to engage and take up the Hatchet of War against the English & Christians, and that the said Letort was now attending, who being called in & examined on Oath, gave the followiiig account. That intending last Fall to take a Journey as far as the Miamis Indians or Twechtweys, to trade with them, he had corsulted Mrs. Montour a French Woman, Wife to Carondowana, about his Journey thither, who having lived amongst & having a Sister married to one of that Nation, he believed might be a proper Person to advise him, and that she seemed very much to approve of the same, upon which he proposed that she & her husband should goe along with him, which she readily agreed to, and that she appeared very chearfuU & desirous to undertake the Journey. Rut that'having waited long at Chenashy for one who had engaged to accompany him, the Winter Sett in before they could proceed, that the Frost breaking up, he thought it proper to advise with Ma- nawkyhickon, an Indian Chief of Note in those Parts, & acquainted him with his Intention, that he might also have our Indians Approba- tion, but that the said Chief discouraged him, telling him he might PROVINCIAL COUNCIL. 3 1 3 happen in his way to see some white Heads, who come to hunt not for ykius but for Flesh & Scalps, tliat would frighten him, & asked him if he did not know that all these People (the Delaware Indians) who were hunting at AUefranv were called home ; That talkinfr after- wards with Mistress Montour about their intended Journey, she told him she could not goe with him for that she had heard some News that he was a Stranger to, with which she would acquaint him, but he must by no means lett it be known that she was his Author, & then proceeded to relate to him, That a Delaware Indian Woman, whose son had been killed some time ag(je by a Shawenese, had brought Manawkyhickon a long Belt of black Wampum of twelve Rows, desiring that my means thereof her Tears might be wiped away, that Manawkybickon had sent this black Belt to the five Na- tions, and that the live Nations sent the same to the Miamies, with a Message desiring to know if they would lift up their Axes, tSi joyn with them against the Christians, to which they agreed, that here- upon Manawkyhickon had sent foin- Belts of Wampum to those ot his Nation who were abroad hunting, ordering them quickly to re- turn home; And Inis Examinant further says, that meeting Manaw- kyhickon again after this Information, he desired that Indian, as his old Friend, to tell him what News he heard or knew, but that he would tell him nothing ; that hereupon the Examint. told him what he had heard both of the four Belts sent to our Indians, and of the black Belt sent by the five Nations to the Miamies, at wch the In. dian appeared surprized, admiring who could inform him of these things, but that at length He (Manawkyhickon) own to him that both these were true ; And this Examinant says likewise, that having ac- quainted Mrs. Montour with his Design of communicaung what she told him to our Governour, they answered he might do so, lor it was with that Intention she had acquainted him with it. The Examinant further says, that this Manawkyhickon was a near delation of Wequeala, who was hang'd last year in Jersey, that he much resented his Death, & went immediately after to the five Na- tions, with whom he has long had an acquaintance & Interest, & is great with their People, lie adds also, that in the parts where he lias been on Sasquehannah, he mett with some Indians of the five NaJon lately come from thence, who told him, on his enquiring of tliem for News, That the French Governour, at his Return to Mon treal last year from New York, where he went about the new Fort built by the English near the Lakes, sent for the Chiefs of all the Nations about Canada in Alliance with the French, & told them he wanted them to pull down a certain House that had been lately built, But the Chiefs answered, that could not be his Business with them to pull down a House, if he wanted them to goe to War that he should tell them so. The Governour answered that he could not say that, but would send them to the Chief Governour at Quebeck, who would give them an answer, that the Governr. of Quebeck received them very kindly, & sent them back with a Letter to the Governour of 314 MINUTES OF THE Montreal, who told them on Receipt of that Letter, that they, vizt : the Governours would write to their Master the King of France, & desired the Indians in the mean time to go home & be in a Readiness till the Kings orders came. This Examinant further says, that enquiring of Allummapees, an- other Chief of some Indians on Delaware concerning these matters, the said Indian declai-ed he was wholly ignorant of them all, & that he had delivered to the Examinant a small belt of Wampum to he . presented to the Governour, which was laid on the Table, as a Token, that neither he nor any of his People knew of any of these Designs. That he had further enquired of some others of our Indians, who made the same Answer, & in like manner had sent the Governour a small peice of Wampum to testify the same, vizt : that they were innocent & ignorant of the whole. The Board having coisidered this Examinatioii, are of opinion, that there is no great Dependance to be had on this Information of Montours ; However, that it will be adviseable to make further Inqui'' -Ties, that in case there should be any Foundation for the Story it may be Known as soon as possible. In the mean time it was again observed to the Governour, as it had been in September last, that the present Circumstances of our Affairs with the Indians rendered it necessary, that these People should be taken Notice of &, visited by the Governour; To which the Governour was pleased to say, that he should be ready to undertake the Journey, whenever he can be informed, (which Mr. Wright had undertaken) that the Indians were returned from hunting, for he understood there were scarce any In- dians at present at or about Concstogoe, & that as soon as it was practicable, nothing should be wanting on his part to establish ds confirm the good Understanding that had hitherto subsisted between this Government & these People. The Treasurer hereupon observed, that he had very lately attend- ed the Committee of Assembly with his Accounts in order to settle them, but that they would by no means allow of the Articles of his Disbursements for defraying the Charges of the Treaty held with those of the five Nations at Philadelphia in July last, which had been examined by this Board, & recommended by the Governour to the House, that they alledged for a Reason, that the Treaty had not been laid before the House. The Clerk answered, that by the Governours order he had ac- quainted the House, that the Treaty was ready to be laid before them whenever they should think fit to call for it, but that he was inform- ed such Treaties had not usually been laid before the House, but at the desire of the Assembly, unless it were particularly so ordered by this Board. It was further observed, that this Government might at sometimes lie under great Disadvantages, if on any Emergency, as Visits from the Indians, or necessary Messages to them, no money could be had from the Treasurer to defray the Expence. PROVINCIAL COUNCIL. 315 The Governour was therefore requested to putt the House in mind of these Itlxigencies, that a suitable Provision might be made for them; And that all Indian Treaties having been so long intermitted, there would now be occasion for some considerable Advance, if the Governour should meet both the Indians on Sasquehannah & those on Delaware, for whicii there seemed to be an equal Necessity, for that they now generally thought themselves slighted. It was then Ordered, that three Matchcoats be given to James Letort 6z; John Scull, to be by them delivered to AUummapees, Mrs. Montour & Manawkyhickon, & that a proper Message be drawn up, that the Indians may be induced to discover what they Know touch- iuQ; the Information now n;iven. } At a Council held at Philadelphia, April 25th, 1728. TRK^ENT ; The Konble PATRICK GORDON, Esqr., Lieut. Govr. James Logan, Samuel Preston, Richard Hill, Clement Piumsted. [►Esquires. Isaac Norris, The Governour acquainted the Board, that Eight Members of As- sembly having withdrawn themselves from the House, there was not a sufficient number left to make a Quorum, so that the Assembly was oblig'd to break up on Saturday the 20th Currt., at which time he received a Representation from the Speaker & the Members remain- ing in the House, which he now laid before the Board, & is as fol- io we s ; TO THE HONBLE PATRICK GORDON, ESQR, &c. " It is with Concern that we are obliged to trouble the Governour " upon this occasion, &, to acquaint him, that nothing less than the '• Preservation of the Rights & Privileges of the Freemen of Pen- " sylvania could induce us to make the following Representation, " wherein some of our own Members may seem to be treated with " more Freedom than is decent to be used to Persons, who being " chosen to represent their Country, were presumed, at least by their " Electors, to be Men of Sense, Honour and Integrity, and we wish it *' were in our Power to say what is proper upon this occasion with- " out even so much as naming them, yet what is said proceeds not " from any Disrespect to their Persons but the mere Necessity of " Speaking Truth. " By our Constitution the Assembly ofPensylvania is to consist oi " twenty six members, & two thirds of that Number make a Quorum. " Since our last Session in January, Daniel Williamson, one of the " Reprosentatives for the County of Chester, is dead, Christopher VOL. III. 816 MINUTES OF THE ' ' Vanhorn, one of the Representatives for Bucks County is indisposed, " so that he could not attend the House at this time, And Sir WiU " Ham Keith, one of the Representatives for the County of Philadia., " being called to Great Britain upon Affairs of Importance, (as 'tis " said) his Absence has been excused by the House. And so the " Assembly consisting of twenty three Members, which in the Sense " of the Law is a full house, have since their meeting on the 15th of " this instant proceeded, as usual, in such Business as was laid before " them, untill this Day, when the Speaker being in the Chair & the " House called over, it appeared that Eight of the Members for the " County & City of Philadia., vizt : Jno. Kearsly, Thomas Tresse, " Job Goodson, Willm; Monington, Lod Christian Sprogell, Thomas '• Rutter, Jno. Swift & Edvvard Horn, were absent; And the Door- " keeper delivered a Letter to the Speaker, the same was opened, & " it being address'd to the Speaker & the Members of Assembly then " present, the same was delivered back to the Doorkeeper, with " orders to acquaint the Persons who delivered it to him, that if they " intended that Paper should be read, it must be brought into the " House by some of the Persons who signed the same, or introduced •' by some of our own Members according to the order of the House. '' It was moved & agreed to by the Members then present being *' Fifteen, that the Doorkeeper should call in the Eight absent Mem- " bers, who returned & said, he had delivered the Message from the " Speaker, & that he received for answer from them, that when their ♦' Demands contained in the beforementioned Paper (which was then " in their own custody) were comply'd with they would then come " to the House. But this Answer not being understood by the " Speaker nor the sitting Members, they never having read that " Paper, the Doorkeeper was again sent to require the said absent " Members to repair to the House immediately to attend the Service " of the Country, & likewise to acquaint them, that the Speaker & " the Members in the House were altogether ignorant of the Contents " of that Paper; To which we had for answer by the Doorkeeper, " that the Eight Members returned their humble Respects to the " Speaker &i the House, & desired him to say that they retained " their Resolution, & we might have that Paper if we would send for " it. Yet beintr unwilling to believe they had any Design of disa- " bling the House to proceed upon the Business of the Country, we " waited from 11a clock in the forenoon to 6 in the afternoon " this day, expecting their Prudence would lead them to return to the " Service of their Country, but being informed that sundry of them- " selves out of Doors had said, they did not design to give any fur- " ther attendance in the House. We do now humbly beg leave to " represent this Conduct of the said Eight Members as most unwar- " rantable and unprecedented, in Breach of their Known Duty to *' their Countrej, & tending to the Subversion of the Constitution, •* as much as in them lies. " But when we see those Men have not the Power to hurt, much " less to destroy our happy Establishment, but by their Willfull Ab- " sence, (which they weakly imagine can dissolve this Assembly) to PROVINCIAL COUNCIL. 317 " give some small Interruption to the Business of the Country, it is " no small Satisfaction to us that we Know the Design can easily be " disappointed, & a proper Remedy apply'd with the Govern rs. Assist-' " ance; We therefore, the Speaker & sitting Members of the As- " serrjbly of Pensylvania, who are by far the greater Part, have " agreed lo & do humbly request that the Govr, will be pleased to " call together all the Members of the present AssembI)' to attend " the Service of the Country, as soon as will suit with his Conve- " niency, after his Return from attending the Service of the three " lower Counties. And as this Resolution tends evidently to the " Preservation of the Constitution, & especially the legislative Au- " thority of this Province from the Designs of ill disposed Persons, " We depend upon the Govr. giving his ready and lawful! Assistance " to the House of Assembly in this reasonable and just Request. DAVID LLOYD, Speaker. The Governour likewise laid before the Board the Representation of the said Eight Members, which had been delivered to him on the 23d Currt. by four of their Number, & was now read in these words; " To the Honourable Patrick Gordon, Esqr., Governour. " May it please the Governour : " We, the Governours most dutifull and assured Friends do esteem " 11 a favourable Presage of future Happiness to this Province that " we are governed by a Gentleman, whose views do so evidently " appear consistent with Civil Liberty, which effectually secures to " every man the quiet Possession of what he esteems moat dear to " him. *' And as it has been the W^ill of our Constituents that we should " represent them in a Legislative Capacity, in which we had the " Pleasure to see the Governour appear at our head. We think it our " Duty to give him a true Narrative of the late Difference betwixt *' us and our Fellow Representatives about Electing a Member in " Place of Sir William Keith, who is departed out of this Province " for Great Britain. " It will not consist with the strict Rules of the House to expose " the Several Proceedings and Debates which attended that Affair, " but this we may assure the Governour, no Parliamentary Procedure " was ever more regularly carry'd on by the Members of the County " for which he was one of the Representatives, than the steps they " took to represent the Necessity of a Member to supply his Vacancy. " They produced a Letter under his hand, & would have produced '• more as well as other Evidence if required, to prove that he was " gone to Great Britain, with other Letters, in which he declared his *' Intent of not returning in less than twelve or fourteen Months, with " his Desire that a Member might be Chosen to supply his Place, " which Request in Parliament is look't upon as a Sufficient motive •' for the Speaker to issue out his Warrant to the Clerk of the Crown " for Electing a new Member in Place of one incapable of serving, " they moved for a new Election, &, declared Sir William will- •* fully absent according as the Law of this Province doth provide 318 MINUTES OF THE " & direct. They renewed their Motion next day, & represented " the Breach of Privilege & Violation of Law such a Refusal would " produce, which appears from the aforesaid Law entiluled An Act " to regulate Elections, &c., which Law allows & appoints each " County Eight Members to represent them in Assembly, but this pro- " duced no better effect than a vote expressly to the Contrary, & find- " ing byithis & many more particulars, which we are herein obliped " to omitt, which sufficiently shewed that they were fixed in a Rcsolu- " tlon destructive (as we conceive) of Riglit & Privilege; We resolved " thcjefore to retire for some few hours & to send them the inclosed " Dissent, hoping b_y this means to move them to a more calm & " prudent Consideration of this weighty Point, but so far have they " been from making the least offer towards reconciling the Difference, *' that they dis|7ersed themselves without giving us the least Notice, " so that we were left late within Night, destitute of an opportunity " to conclude on Methods to avoid the Trouble which such a preci* " pitant act must necessarily give the Governour, in making out " Summons's to recall the House to the Business of the Country. " We are very sensible that Differences of this Nature must be ■" very unpleasant to the Governour, as well as offensive to the Coun- " try, but we hope when a true State of the Case is fully known, & it " appears from whence the Offence arises, We shall no longer fear our " Country's Disapprobation, or the Governours Displeasure with our " Conduct. " We do in the most sincere manner declare to the Governour, *' that the real Sense we have of his good Inclinations for the Wei- "■• fare of the Province is such, that we should think ourselves the " worst of Men did we project any Schemes, or raise any needless " Controversies that might disturb his Ease or injure the Interest of " his Family. The person that is proposed by some to succeed Sir •■' William Keith we have no Regard to in this Controversy, but in "the opinion of most of us that calm, easy & unprejudiced Proce- " dure which ought to be maintained in a Representative Body, is " too often broke in upon by some men, who by Custom ^- Use have " contracted such Habits of haranguing at the Bar, as seem insensibly " to lead them into a Neglect of the decent Orders and Rules of As- " sembly. " We pray the Governour will excuse this Trouble, & beg Leave " to assure him we shall at all times, whenever it is in our Power, " study to convince him that we arc fully perswaded the Interest of *' this Province ^y that of the Governour are mseperable, & that all " Abetters & Maintainers of any thing destructive to the one are in- "' mjurious to both. " The Govrs. most dutiful! and assured Friends. Edward Home, John Swift. Wm. Monington, .Tohn Kearsley, L. C. SprogcU, Job Goodson, Thoe. Rutter, Junr. Thos. Tressc. Philadia., Ap. 23d, n28. PROVINCIAL COl'NCIL. ni9 The Governoui' proceeded &; said, that this unhappy Division was like to interrupt the Consideration of several matters of importance which were laid before the House, and that therefore it would be necessary to issue forth Writts for calling the Members together as soon as possible, that he v/as ©blidg'd to attend the Assembly of the three lower Counties, which is to meet the 1st of next month, but tliat he beleived they would not silt long, and proposed to the Board whether the 20th of May next mia;ht not be a proper Time to call them together. The Board joyned with the Governour in expres- sing their Concern for this Difference in the House, & agreed that it was highly necessary that the Members should meet speedily, to the end no Interruption might be given to Publick Business, and are oi opinion that the time mentioned by the Governour will be suitable. It was then Considered when ;he Writts should issue, but the Board thought fitt to leave that entirely to the Governours Direcuon. At a Council held at Philadelphia, May 6th, 1728. PRESENT ; The Honble PATRICK GORDON, Esqr., Lieut. Governr. James Logan, Samuel Preston, ? f- '•- Isaac Norris, Clement Plumsted. 5 ^'^ ^* The Governour acquainted the Board, that a Letter from Mr. Wright at Conestogoe was lately communicated to him, giving an account of a Quarrell that was like to ensue between the Indians of these parts & the Shawanese, these last having Killed two of the Conestogoe Indians, that they seemed prepared for War, & that therefore his Presence was desired as necessary to settle those Dif- ferences, which might in End atiect the Peace of the Province. His Honour likewise said he had received a Petition, signed by a great many of the Inhabitants in the back parts of this County, setting forth that they are under some Apprehensions of being attack'd by the Indians, that many Families had left their Habitations thro' fear of them, &; praying that proper Measures might be taken for their Safety. And therefore the Governour now moved to the Board, that since it is of great Importance to compose those Dirt'ercnces speedily, which would oblidge him to take a Journey to Conestogoe, it would be requisite that the Assembly should meet as soon as possible ; Which the Board from the Consideration of what the Governour had said readily agreed to, and the 14th Currt. being proposed for the Time of their meeting was approved, 'Tis therefore ORDERED, that Writts be forthwith issued tor that purpose. Esq'rs. 320 MINUTES OF THE At a Council held at Philadelphia, May 10th, 1728. PRESENT : The honble PATRICK GORDON, Esqr., Lieut. Governr. James Logan. William Fishbourn, Samuel Preston, Clement Plumsted. Thomas Laurence, Esquire, one of those named in the Minute of the 20th of April, 1727, as proper to be added to this Board, was in- troduced by one of the Members, &l having taken the Oaths enjoyn'd by Law, & likewise that for the faithfuU Discharge of his office as a Counsellor, took his Seat accordingly. The Governour then told the Board that he was just setting out for Mahanatawny, upon Advice brought him this Morning by Ex- press, that a party of forreign Indians were fallen in amongst our Inhabitants in these parts, PRESENT . The Honble PATRICK GORDON, Esqr., Lieut. Govr, James Logan, William Fishbourn, Isaac Norris, Clement Plumsted. ^ Esq'rS- Samuel Preston, The Board enter'd upon the Consideration of the Presents prope* to be made to the Indians at the ensuing Treaty, & 'TIS ORDER- ED, that the following Goods be provided by the Provincial Treasu- rer, and sent up to Coneslogoe by the first Opportunity, vizt : twenty five Strowd Matchcoats, twenty Blanketts, twenty Duffels, twenty five Shirts, one hundred wt. Gunpowder, two hundred wt. of Lead, five hundred Flints, & fifty Knives, with Rum, Bread, Pipes & To- bacco, together with such Provisions as may be necessary for the Governour & his Company. It was moved that a Day should be appointed for the Tryal of John & Walter Winters, that Notice thereof may be given lo the Indians, but the same was deferr'd until the Chief Justice should be consulted thereon* PROVINCIAL COUNCIL. 327 At a Council held at Philadia., May 20ih, 1728. PUESENT : The Honble PATRICK GORDON, Esqr., Lieut. Govr. James Logan, Clement Plumsted, "j Saml. Preston, Thomas Laurence. lEsq'rs. VVillm. Fishbourn, J The Governour acquainted the Board, that John Smith & Nicolas Schonhoven, two Indian Traders from Pechoquealin, neat Durham Iron Works, had this day delivered him a verbal Message from Kakow-vvatchy, the Chief of the Shanawese there, to this EfTect : That he having heard that the Flattheads, (Indians so called) were come into this Province with a Design to make War upon our In- dians, he had sent Eleven of his Men armed to Enquire into the Truth of the Report, with Orders to assist our Indians in case the same should be true ; that their Provisions failed them, & they were oblig'd to gett from our Inhabitants wherev^ithal to subsist, but that they olfered no Rudeness till our People used them ill, &: fired upon them that he is very sorry for what has happened, 6z, that he has a great Love for us all as his Brethren, but that one of their Number is wounded & lost his Gun, which he desires may be sent. The Board taking the same into Consideration, ORDERED that an Answer be sent to the above Message, to inform Kakow-watchy of the imprudent Conduct of these Eleven Indians, & the Confusion that has happened thro' their Means, & to warn them to be more cau- tious in their Behaviour for the future, that the Governour may pro- bably see them some time in the Fall at Durham. & Care shall be taken to enquire for the Gun. That three Matchcoats be sent to Kakow-watchy as a Present, together with the Matchcoat Belt and Hatchet which were left by their Indians, And that forty Shillings be given to each of the said Messengers for their Trouble & Expence, with thsir Entertainment in Town for two Days. MEMORANDUM: Pursuant to Appointment with the Indians at Conestogoe, the Governour attended with some Members of Council, & divers other Gentlemen, to the Number of about Thirty, who vo- luntarily offered their Company thither, sett out from Philadelphia on the 2iid of May, & on the 23d in the Evening came to the House of Mr. Andrew Cornish, about a Mile distant from the Indian Town. The 2-lth & 25th days wei'e spent in waiting for some other Persons expected at the Treaty & in Mutual Civiiitits, & on the 26th the Treaty began as fol'owes : At a Council held at the Indian Town of Conestogoe, May 26th. ir28. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Govr. Some Members of Ciinicil & divers other Gentlemen. 328 MINUTES OF THE PRESENT ALSO ; Ganyataronga, "^ Tavvenna, ! Chiefs of the Conestogoe Tanniatchiaro, \ Indians. Taquatarensaly alias Capt. Civility, J n^ ^ 1 • 'i I Chiefs of some of the Delaware Indians on reyeashickon, y r, , ■ VV ikaTukyona, J •' Howickyoma, "^ Skayanannego, ] Onneygheat, ^Chieft of the Ganawese Indians. Nanamakamen,. j Peyhiohinas, J Weysow-walowj "J Keyscykakalovv, I Chiefs of the Shawanese. Nichtamskakovv, j Shakawtawlin or Sam, Interpreter from tlie English into the De- laware. Captain Civility, Interpreter from the Delaware into the Shawa- nese and Min^oe (alias Conestogoe. ) Pomapechtoa, Interpreter from the Delaware into the Ganawese Language. Mr. Nicholas Scull, "j Mr. John Scull, [.Assistant Interpreters. Mr. Peter Bizallion, J The Govr. Spoke as followcs: My Friends & Brethren : " You are sensible that the Great William Penn, the Father of " this Countrey, when he fust brought his People with him over tlie " broad Sea, to .;: ail the Indians the old Inhabitants by the hand, " & because he lound them to be a sincere honest People he took " them to his heart & loved them as his own. He then made a strong *' League & Chain of Friendship with them, by which it was agreed " that the Indians & the English, with all the Christians, should be " as one People. " Your Friend & Father William Penn still retamed a warm AC- " fection for all the Indians, & strictly commanded those whom he " sent to govern this People to treat the Indians as his Children, & " continued in this kind love for them until his Death. " His Sons have now sent me over in their Stead, & they gave " me strict Charge to love all the Indians as their Brethren, & as their Father William Penn loved you, I would have seen you be- " fore this Time, but I fell sick soon after I came over, & continued " so till next Spring. I then waited to receive some of the five Na- ii tions who came to see me at Philadelphia, & last Fall I heard you " weieall gone out a hunting. PROVINCIAL COUNCIL. 329 *' I am now come to see you^ and to renew the ancient Friendship " which has been between William Penn's People and you, I was " in hopes that Sassoonan & Opekasset, with their People, would " havo been likewise here, they have sent me kind Messages Si have " a warm Love for the Christians. I believe they will come to me ' at Philadelphia, for since they could not gett hither I have desired < them to meet me there. " I am now to discourse with my Brethren, the Conestogoes, De- " lawares, Ganawese 4' Shawanese Indians upon Sasquehannah, & " to speak in Love to them. My Brethren : " You have been faithfull to your Leagues with ua> your Hearts " have been clean, & you have preserved the Chain from Spotts ov " Rust, or if there were any you have been carefuU to wipe them " away ; your Leagues with you Father William Penn, & with his " Governours are in Writing on Record, that our Children & our " Childrens Children may have them in everlasting Remembranco, " And we Know that you preserve the memory of those things " amongst you by telling them to your Children, & they again to ^' the next Generation, so that they remain stamp'd on your Mmds " never to be forgott. " The Chief Heads or Strongest Links of this- Chain I find arc " these Nine, vizt : 1st. " That all William Penns People or Christians, and all the " Indians should be brethren, as the Children of one Father, joyned " together as with one Heart, one Ilead&one Body. 2d. •' That all Paths should be open and free to both Christians *' and Indians. Sd. " That the Doors of the Christians Houses should be open to '■' the Indians d: the Houses of the Indians open to the Christians, & " that they should make each other welcome as their Friends. 4th. " That the Christians should not believe any false Rumours " or Reports of the Indians, nor the Indians believe any such Ru« " mours or Reports of the Christians, but should first comeasBreth* " ren to enquire of each other; And that both Christians & Indians, " when they hear any such fa'se Reports of their Brethren, they " should bury them as in a bottomless Pitt. 5th. " That if the Christians heard any ill news that may be to ^' the Hurt of the Indians, or the Indians hear any such ill news tliat " may be to the Injury of the Christians, they should acquaint each " other with it speedily as true Friends & Brethren. 6th. " That the Indians should do no manner of Harm to the " Christians nor their Creatures, nor the Christians do any Hurt to " any Indians, but each treat the other as their Brethren. 7th. " But as there are wicked People in all Nations, if either " Indians or Christians should do any harm to each other. Complaint " should be made of it by the Person* SuiFering that Right may be 330 MINUTES OF THE " done, & when Satisfaction is made, the Injury or Wrong should be " forgott & be buried as in a bottomless Pitt. 8th. " That the Indians should in all things assist the Christians, " & the Christians assist the Indians against all wicked People that " would disturb them 9th. " And lastly, that both Christians &; Indians should acquaint " their Children with this League & firm Chain of Friendship made " between them, & that it should always be made stronger & stronger " 6c be kept bright & clean, without Rust or Spott between our Chil- " dren and Childrens Children, while the Creeks and Rivers run, " and while the Sun, Moon & Stars endure. " And for a Confirmation on our Parts of all these Several Arti^ " clesj We bind them with these Several Parcels of Goods, vizt : 20 Strowd Matchcoats, 1 Cwt. of Gunpowder, 20 Dufi^ells, 2 Cwt. of Lead, 20 Bianketts, 500 Flints, 20 Shirts, 50 Knives, After which the Governour proceeded & said. «' My Brethren : " I have now spoke to the League and Chain of Friendship, first " made by your Father William Penn with your Fathers, which is " confirmed. I am now to acquaint you with an unhappy Accident " that has afflicted me & all good People amongst us, and we lament " & mourn with you on the heavy Misfortune. " About forty days agoe wc heard that the Twechtweys were " coming as Enemies against this Countrey. I believe it is false, " for we never hurt the Twechtv/eys ; And about eighteen Days since " I received an Express from the Iron works at Mahanatawny, ac- '■' quainting me that Eleven forreign Indians, painted for War, d: " armed with Guns, Pistoles and Swords, were come amongst our '•' Inhabitants, plundering Ihem & taking away their Provisions by " Force, whereupon some of our People, to the number of twenty " men, with Arms^ went to Speak to them Civilly, but the Indians '• fired upon them & wounded some of them ; Our men likewise fired " on the Indians & wounded some of them also, but the Indians fired " first. It was very ill done to fire. " As soon as I had this Account I took hoi'se and went to Maha- " natawny with several Gentlemen of Philadelphia, but the Indians " were gone oft'. I found our People beleived there were more com- " ing, and therefore some Hundreds mett together with their Arms " to defend themselves in case the Indians should attack them. ' As I was returning home I heard news that grieved me exceed- " ingly. I was told that two or three furious Men amongst us had " Killed three of our Indian Friends & Inirt two Girls. I went back " mourning, c^ sent out Men to take the Murtherers, who weie ac- " cordingly taken, & they are now in Irons in a Dungeon to be tried *' by the Laws of the Great King of all the English, as if they had PROVINCIAL COUNCIL. 831 " Killed so many of* his own Subjects. I have likewise caused " Search to be made for the dead Bodies, <5' two Women were found " murthcred, who by my order were iaid in a Grave and covered " with Shirts & Strowds. I hear likewise that the dead Body of " an Indian man has been found & is buried. " You Know there are wicked People amongst all Nations; there " are ill People amongst you, <^ you are sometimes forced to putt " them to Death. The English are a great People, & there are " likewise wicked men amongst them. 1 mourn for this Misfortune, " & will do all I can to comfort the Relations of the Dead when I " see them, which I hope v/ill be at Philadelphia with Sassoonan & " Opekasset. " About eiffht months agoe 1 received an Account that an English " man was Killed by some Indians, at ihe House of John Burt, in -' Snake town. I heard Jolm Burt was very abusive to the Indians* " and 1 sent to apprehend him, but he fled; if he can be taken he " will be punished. But since there was a Man Killed, we expect '• the Indians will doe us Justice by apprehending the Murtherers ' that they may be punished, for we must be just and faithfull to '■ each other, that this Spot may be wiped aVvay & the Chain be " kept bright & clean. " You know, My Brethren, that one Link of the Chain is, that " when the Indians are uneasy they should tell it to us, & when we *' are uneasy we will tell it to them. 1 therefore desire your Hearts *' may be open, that I may know if you have any Cause of Griei', " which I will endeavour to remove, for I am your Brother. " I have issued a Proclamation requiring all our People to use you ^' well, which shall be read unto you before I goe away. I will pre' " vent any Hurt being done to our Friends the Indians, because " those who do not behave themselves agreeable to what is therein '* commanded, will be severely punished. At a Council held at the Indian Town of Conestoeoe, May 27th, 1728. ^ ' J I'RESENT t The Honourable PATRICK GORDON, Esqr., Lieut. Governr. And the same as before. TAVVENNA in the Name, & on the Behalf of all the Indians pre- sent spoke to the Governour, which was rendered into English by John Scull, Interpreter, & is as followes t Give Ear my Brethren of Philadelphia^ the Conestogoe Indians, the Shawanese, the Ganawese & Delawares have somewhat to say, which they will speak presently. They say, they look upon the GoVefnoUi* as if William Penn him- self were present. They are four Nations & among them there are several foolish People, ias if they were just sprung from the Earth ; 332 MINUTES OF THE But that since their first friendship with William Penn, they never have received any Wrong or Injury from him or any of his People. That several foolish People among them committed Follies and Indiscretions, but they hope these will never interrupt the Friendship which is between their People & us, for that they & all William Penns People are as one People, that Eat, as it were, with one Mouth, & are one Body & one Hearf. Then presenting a Belt of Wampum of Eight Roms, they say : They would not have the Governour grieve too much for the rash inconsiderate Actions that of late have been committed ; they must be buried & forgot, for that what has hap^en'd was done by their Friends, if it had been done by their Enemies they would have re- sented it, but that we & they are One; That they h;ive always mett with Justice and Kindness from \^ illiam Perm, and from all the Go- vernours whom he has sent here, & thus do all the Indians of Co- nestogoe, Delaware, theShawanese & Ganawese say. That Ihey are cxtreamly glad & satisfied with what the Governour said to them yesterday, it greatly rejoyced their Hearts that they have had no such Speech made to them since the time that the Great William Penn was amongst them, all was good & nothing was amiss. Then presenting four Strings of V/ampum they say : They will visit the Governour at Philadelphia after the Harvest is over, & then they will i^peak fully to him as their Brother &l Friend, for the Cones- togoes, Delawares, Shawanese & Ganawese will then come lo him, &. he may look up the Conestogoe Road & expect them ; That what happen'd at John Burts house was not done by them, it was done by one of the Menysincks, who are of another Nation, & therefore they can say nothing to it. After this Answer of the Indians some of the Gentlemen present moved the Governour, that seeing now there was now a tiumerous Company of our Inhabitants mett together, he would be pleased to press the Indians to declare to him if they suffered any Grievance or Hardship from this Government, because several Reports had been industriously spread abroad, as if they had some just Cause of Com- plaint. And the Governour having ordered the Interpreters to ac- quaint them herewith ; They all answered that they had no Cause of Complaint, that William Penn ^ , r William Penn so much spoke of yes-erday ; we had always lived in Love, & hopes all things will be made up in Love ; his heart is for Love i^* Peace, and he desires there may never be any Misunderstanding between us. He is pleased to see such Care taken, th;n they may come and dis- course tVeely with their Brethren; they have young Children, and the Christians have many ; there are many who now hear what pas- ses, and he desires it m'ly be remembred for ever. As there are now great Numbers present, he desires that they may all know that the Christians & Indians are to have but one Head, one Heart & one Body ; that he looks on them all as one People, & desires they may always so continue. That they have many among them who are as little Children, weak and helpless, & we should not, because of Weakness, have any Misunderstanding. When any misunderstanding arises, or when any Injury is done by the Indians to Christians, or by Christians to Indians, each should be heard without any Disturbance, for they & we are one People. That there are ill People both among the Christians & Indians; he is well pleased with what the Governour said yesterday in Rela- tion to the Accident that has happen'd to the Indians, but 'tis his Desire that no Misunderstanding may arise on that Account. We must unite in Love, all ill things must be done away & forgotten, for we are one People. That he has now said what he purposes to speak at this time, but in two months he designs to return & speak more fully. Sassoonan was then told, that if they had any thing at all on their Minds it was now a proper time to speak it, that it might be heard by all this Company. He thereupon called on Thomas Rutter, Senr., to come & sittnear him, 6i proceeded to say, That he is glad of the Friendship &; Agreement that subsists between the Indians 65 Christians; he will always endeavour to strengthen &; increase it, he will make the Path between this Town 338 MINUTES OF THE & the Place where he lives, & as far as the Mingoes, open & plain, he will always keep it wide, & root & cutt up every Bush & Grub that may stand in the Way, (to hinder the Intercourse of Love & Friendship between us ; this is the meaning of these Indian Expres- sions.) * He adds, that he is now come at the Governoms Desire, on Ac- count of the late unhappy Accident, that he is pleased to hear what has been said of it, & that Justice is to be done when he comes again after Harvest, it shall then all be buried, he himself will then Cover it deep over with Earth. FIc then said he had spoke what he had to say to the Governour, & would speak to James Logan. He said, he was grown old & was troubled to see the Chris- tians settle on Lands that the Indians had never been paid for, they had settled on his Lands, for which he had never received any thing. That he is now an old man & must soon die, that his Children may wonder to see all their Fathers Lands gone from them, without his receiving any thing for them, that the Christians now make their Settlements very near them, & they shall have no Place of their own left to live on. That this may occasion a Difference between their Children & us liereafter, & he would willingly prevent any Misunderstanding that may happen. Mr. Logan applying to the Governour, craved Leave to answer the Indians, &. he spoke to this Effect. That he had no otherwise been concerned in the Lands of this Province, than as he was entrusted with other Commissioners by the Proprietor to manage his Affairs of Property in his Absence. That their Great Friend, William Penn, had made it his constant Rule never to suffer any Lands to be settled by any of his People, until they were first duly purchased by the Indians, & his Commissioners, who acted for him in his Absence, has as carefully used the same Method, they never agreed to the Settlement of any Lands till the Indians were duly satisfied for them. But he said, he judged it pro- per in his Audience to take Notice of our great Unhappiness, in having too many amongst us who take a Delight in disturbing the Peace of the Publick by any means in their Power, & amongst other Methods they had endeavoui'ed even to beget an Uneasiness in the Indians, but how little Reason there was for any Complaint against him, or the Commissioners, he should now make appear. He said, that Sassoonan now present, with divers others of the Indian Chiefs, about ten years since, having a Notion that they had not been fully paid for their Lands, came to Philadelphia to demand what was due to them, that the Business was heard in Council, & he then produced to those Indians a great number of Deeds, by which their Ancestors had fully conveyed, & were as fully paid for all their Lands from Duck Creek to near the Forks of Delaware, & that the Indians were then entirely satisfied with what had been shewn to them, &> the Commissioners, to putt an End to all further Claims or Demands of that Kind, in Consideration of their Journey & Trouble, PROVINCIAL. COUNCIL. 339 made them a Present in the Proprietors Name & Behalf, upon which they agreed to sign an absolute Release for all those Lands, & of all Demands whatsoever upon account of the said Purchases, And exhi- bitin"- the said Instrument of Release desired it might be read, which was done in these words. WE, Sassoonan, King of the Delaware Indians, & Pokehais, Me- tashichay, Aiyamaikan, Pepawmamen, Gheltypeneeman & Opekas- set, Chiefs of the said Indians, do acknowledge, that we have seen & heard divers Deeds of Sale read unto us, under the hands & seals of the former Kings, &. Chiefs of the Delaware Indians, our Ances- lers & Predecessors, who were owners of Lands between Delaware &, Sasquehannah Rivers, by which Deeds they have granted & con- vcy'd unto William Penn, Proprietor & Governour in chief of the Province of Pensylvania, & to his Heirs & Assigns, all & singular their Lands, Islands, Woods & Waters, situate between the said two Rivers of Delaware &. Sasquehannah, & had received full Satisfac- tion for the same. And We do further acknowledge that we are fully content & satisfied with the said Grant. And Whereas, the Com- missioners or Agents of the said ^Villiam Penn have been pleased, upon our Visit to this Government to bestow on us, as a free Gift, in the name of the said William Penn, these following Goods, vizt : Two Guns, six Strowd water Coats, six Blankets, six Dutlell match- coats & four Kettles. We therefore, in Gratitude for the said Pre- sent, as well in Consideration of the several Grants made by our Ancestors & Predecessors, as of the said several Goods herein before mentioned, the Receipt whereof we do hereby acknowledge. Do by these Presents, for us, Our Heirs &; Successors, Grant, Remise, Re- lease (fc forever Quitt claim unto the said William Penn, his Heirs & Assigns, all the said Lands situate between the said two Rivers of De- laware & Sasquehannah, from Duck Creek to the Mountains on this side Lechay, and all our Estate, Right, Title, Interest, Property, Claim Laurence acquaint them herewith. MEMORANDUM, Sassoonan & Opekassei, with several Dela- ware Indians, being come to town, waited on the Governour, & de- sired he would appoint a Time to hear them, & accordingly, a Council was called At the Courtho. of Philadia, October 10th, 1728. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governr. Richard Hill, Willm. Fishbourn, Isaac Norris, Clement Plumsted. ^Esquires. Samuel Preston, I Esc PRESENT, ALSO : > Chiefs of the Delaware Indians. Sassoonan & Opekasset. Shikellima, - - of the five Nations. Carandowana, alias Robert Hunter. Oholykon, a Chief of the Brandywine Indians, with several others. The Council being mett & the Indians Seated, The Governour, by John Sculi, Interpreter, told them that he was glad to see them all well, & that now he was ready to hear what they had to say. And then Sassoonan, by the said Interpreter, spoke as follows ; lie would not, he says, have the Governour take it amiss, that they did not exactly come at the time they appointed, for he was taken very ill ; that, however, he is now come to see the Governour. Then producing a Letter which had been sent him by the Gover- nour, he says : He was exceedingly pleased when he received it, & that he is so well satisfied with what it contains, that ever since he has kept it carefully in his Bosom, & he now returns it to the Gov- ernour. That he is now come from home to see his Brethren, & that some time since, there was a small Misunderstanding between them & us, but that it is now all past & gone, for they remembered it no more, &, that he is now come hither to make Every thing smooth & easy between us. That when their Father, William Penn, was in this country, it was agreed that both Christians & Indians should joyn in removing all Difficulties, & if any Stone or Stump should ly in the Way, that both should joyn their Hands together Declarations by Law directed, &, likewise an Oath for the faithful Discharge of their Duty as Members of Council. At a Council held in the Courtho. of Philadia.,. October 11th, 172&. PllESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governour. Samuel Preston, Ralph Asheton, 1 William Fishbourn, Samuel Hazle. J-Esquires. Clement Plumsted, J And the same Indians as before. The Governour spoke to them by the Interpreter, in these Words : " I was troubled to hear Allummapees was sick, but am glad to " see him well recovered, tho' he comes later than was expected ; but " Sickness & Health are not in our Power. God over rules all " things. " I am very well pleased with all that was said yesterday ; it was " spoke from the Heart of a Friend & Brother, in true Love. Words 356 MINUTES OF THE " are of no Value in themselves, but as the Heart uttereth them. " The Governour takes them as the Words of his Brother's Soul or " inward Mind, in behalf of all his Brethren, & as such they shall " be kept by us in Writing, that they may be remembred forever. " As you are now come, tho' few in Number, yet in the Name of " all the Delawares, Shawanese & Mingoes amongst us, to declare " your Friendship, & their resolution to live in Peace unto the Chris- " tians forever, I will again goe over the Links of the Chain made " between William Penn &; you, which I repeated to my Brethren at " Conestogoe in the Summer, that they may be the more fresh in your " Minds, because you have no Writing amongst you, & I desire that " you may repeat them over & over again to your Children, ^- to all " your People, & to all the Indians that live amongst you, that you " may have them at all times stamp'd on your Hearts and fixed in " your View." Here the nine Articles or Links of the Chain, as in the Treaty held at Conestogoe, were briefly repeated. Then the Governour proceeded & said. " My Brethren : " By those you see that we & you are as one People ; we treat " you exactly as we do our own People ; we punish those that hurt " an Indian, as if they had hurt ourselves. You know those two " who killed the Indians this last year, were put to Death as if they " had killed Christians; therefore the Indians must make no Differ- " ence, they must treat the Christians that come amotigst them as " their Brethren, or as themselves, with Love and without Quarrel- " ling. And it any Indian should be angry, & have any 111 in his " heart towards a Christian, you must seize him & hinder it ; but if " any Mischief be done, you must take Care that the Indian be " punish'd for it, that we may have the same Justice as if a Chris - •' tian had done the wrong. Therefore you must use your Endeavors " that the Indians who killed the white man last year at Pex-tang, " tho' they were of another Nation, may be apprehended if they come " amongst you. " And if any Christian do Injury to an Indian, you must, as " Brethren, come & complain of it ; but if it be remote in the Woods, " you must apprehend the Man that did the Wrong, & deliver him " to me, that the Offender may be punished for it according to our " Laws, which will suffer no man to hurt another. " I accept kindly of your Present, & in Return give you the fol- " lowing (loods for your Winter Clothing, to keep you warm, with " some Powder & Lead to hunt with, ^ Provisions to support you in " your way home, wishing you heartily a good Journey." Then the following Goods, which by Order of the Board were gott ready, were delivered to the Indians, vizt : PROVINCIAL COUNCIL. 357 6 Strowds, 12 Duffells, 6 Shirts, Is Barrell Powder, 12 Blanketts, 1 Cwt. Lead, with Bread, Rum, Pipes & Tobacco. After which Sassoonan said : That he is rejoyced to hear what the Governour has now spoke, & will not only remember it carefully, but likewise publish it among all his Friends & Brethren, Si, returns thanks to the Governour for what he has been pleased to give them. And they all express'd their Satisfaction by a harmonious Sound peculiar to them, in which they all joyned. It was afterwards considered by the Board what Present might be proper to be made to Mistress Montour & her husband, Carandowana, & likewise to Shikellima of the five Nations, appointed to reside among the Shawanese, whose Services had been «fc may yet further be of great Advantage to this Government ; And it was agreed that Five Pounds in Bills of Credit, should be given to Mistress Montour & her husband, & two Strouds, one Blankett, one Shirt &. Gun, to Shikellima, his Wife & Daughter ; & then the Counci'l adjourned. At a Council held at Philadelphia, Octobr. 15th, 1728. PKKSEKT : The Honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, Ralph Asheton, "| Samuel Preston, Samuel Hazle. i- Esquires. Thomas Laurence, J The Representatives of the Freemen of this Province, Elected tl^e first instant, having mett yesterday in Assembly, in pursuance of their Charter & the Law m that Case made &, provided, wailed this day on the Governour to present to him their Speaker. And David Lloyd, Esq'r., addressing himself to His Hon'r, ac- quainted him that the house had been pleased to chuse him to be their Speaker ; that he knew it was usual on the like Occasions, to decline that Charge, & to request the Governour that the House might be desired to proceed to another Choice, which, he said, was generally look't upon as a Form only ; But that he now Entreated the Governour would look upon that Request from him as his hearty Desire, & he made no Doubt but the House would find a Person better qualified for that Office. To which the Governour answered, that he could not but approve of the Houses prudent Choice of him to be their Speaker ; that his known Abilities & long Experience, every way qualify him for the Discharge of that Trust, & that therefore he could not excuse him. The Speaker then desired that the Gover- nour would protect them in their Rights & Privileges as a House ; 558 MINUTES OF THE That they might have free Access to his Presence, & have a favoura- ble Construction putt on their Proceedings ; Which the Governour readily promised. And then the House withdrew & the Council adjourned. At a Council held at Philadelphia, October 26th, 1728. present: The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Clement Plumsted, "J Richard Hill, Thomas Laurence, i- Esquires. Willm. Fishbourn, Samuel Hazle. J The Minutes of the preceeding Council being read «fe approved — The Governour acquainted the Board that be was informed Mr. French, the Clerk of New Castle county, died yesterday; whereby sevl. Offices which he held there were now become vacant, sitous Circumstances, do daily crowd into this Pro- " vince, as well from Parts beyond the Sea, as from our neighbouring " Colonies, &: bringing with them Dispositions incompatible with " that good Order, Peace and Unanimity which are acknowledged " by all rational Men to be the foundation as well as Glory of all " Civil Societies, & fomented by some restless Persons amongst " ourselves, disafiected to the Peace & Prosperity of this Government, " endeavour to raise heats & animosities amongst the Inhabitants, " instead of that mutual Love & Benevolence which has hitherto, " under the Divine Providence, been their Protection, & for v, hich " this Province has till of late years been remarkably conspicuous, " since its first Settlement under our late Honourable Proprietor, " from whom, under His Majesty, we derive all those Liberties «S; " Privileges which have raised the Reputation of this Province, &: " endeared to us the Memory of our Honourable Founder. These " Persons, actuated by such Principles & encouraged by such In- " cendiaries, setting at naught the just Powers of Government and »' the obedience duo thereto, have had the assurance even to menace " some Members of the Representative Body, now mett in Assembly " at Philadelphia, as well as private Persons, to the disturbance of " the Peace & Delay of the publick Service, as has been fully rep- " resented to me by an Address from that House, declaring tiieir PROVINCIAL COUNCIL. S7S '* Abhorrence of such Practices, & praying that the Laws now in " Force in England against Riots may, pursuant to a Law of this " Province, be vigorously putt in Execution ; THEREFORE, being *' firmly resolved to proceed with all due Severity against such Of- " fenders, their Aiders &, Abetters, I have thought fitt by dress in Answer ; " May it please the Governour, " It is with great Concern we find ourselves disappointed in ob- " taining the Governour's Approbation to the Papermoney Act, in " which we have spent so much Time ^ Pains, & iho' we could not " agree to all the Amendments proposed by the Governour. yet we *' hope it will not from thence be inferred that we have come short of " the Respect which is duo to the Governour's Judgement ; for we *' conceive it the undoubted Privilege of the House to judge of any " Amendments made by the Governour, & only agree to them as " they seem just & agreeable to the true Interest of the People whom '• we represent. And we take Leave to assure the Governour, that " as it is our earnest Desire to provide for the Necessities of the *'• People of this Province, by an addition to our Paper Currency, " so we shall not be wanting to do every thing on our parts that we " can conceive safe &, honour&ble, for effecting that good End. But " forasmuch as this House cannot clearly apprehend, from any thing **' hitherto said to us by the Governour, what it is in which we differ, " We humbly propose that the Governour will be pleased to agree to a " Conference with this House, in order to clear up those Difficulties " which we seem to lye under, in not rightly understanding th« " Governour's Several Messages on the Subject of ojr Paper Cur- " rency. " Signed bj Order of the House." DAVID LLOYD, Speaker. April 4th, 1729. The Governour at the Request of the IIoKse mentioned in the foregoing Address, did this day appoint a Conference at his own House, where "were present of the Council, Richard Hill, Clement Plumsted, 1 Isaac Norris, Thomas Laurence, lEsq'rs. Saml. Preston, Samuel Hazle. J William Fishbourn, And the Speaker with the ^vhole House. The Governour opened the Conference, & the Debate turned Chiefly on these five Points ; 376 MINUTES OF THE 1st. That Forty thousand Pounds addition to our present Curren- cy would be too large a Sum, & that Twenty five thousand pounds might be sufficient. 2d. That it would injure the Credit of the Money to reduce the Interest from 5 to 4 per Gent. 3d. That to prevent any Opposition to the Bill in England a Provision be made for Sterling Payments, &; especially the Proprie- tary Quitt rents. 4th. That the term for Repayment be ten years : & 5th. That to show a due Deference to the Orders of the Lords Commissioners for Trade & Plantations, the money should not be emitted till the Act be laid before their Lordships, in order to obtain the Royal Assent to the same. Which Points being fully spoke to & debated, the House withdrew 4; the Conference Ended. April 5th. The Gavernour upon mature Deliberation & the best Advice he eould have, thought fitt next day to send a Message to the House desiring that three of their Members might attend him, which being ordered accordingly, His Honour told them to acquaint the House that he having considered what pass'd in the Conference of yesterday, was of Opinion That twenty five thousand Pounds may be a suf- ficient Addition to our Currency, but if it is thought too small He will agree to Thirty thousand Pounds. That the Interest be kept up to five per Cent, That the Term for Repayment be twelve years & a half, agreeable to that in the former Bills : But, That he must insist the Bill should not take place till nine Months after passing it, & then he would use all his Interest to gett the same confirmed at home. N. B. Upon the Application of the House the Governour receded from the Nine Months, & agreed that the Emission should be on the 1st of October next. May Ist, 172Q. The House having requested the Governour to appoint some time prior to the 1st of October for the Emission of the Money, His Honour was pleased to condesend thereto, & named the 15th of Sep- tember for that Purpose. PROVINCIAL COUNCIL. 377 At a Council held at Philadelphia, May 2d, 1729. PRESBXT : The Honble PATRICK GORDON, Eaqr., Lieut. Governour. Richard Hill, Thomas Laurence, "l William Fishbourn, Samuel Hazle. y Esq*rs. Clement Plumsted, J A Return being made by the Order dated the 20th day of Februa- ry last, for running a Division Line in the County of Chester, dc settling the Boundaries of the County to be Erected in the back parts of this Province towards Sasquehannah, pursuant to the Minute of Council of the 20th of said February, the same was read, approved & confirmed, & is in these Words: " Pursuant to a Warrant from the Honourable Patrick Gordon^ " Esquire, Lieutenant Governour of the Province of Pensylvania 4* " Counties of Newcastle, Kent & Sussex upon Delaware, bearing " Date the 22d day of February last past. We whose Names are here- " unto subscribed, mett together on the .17th day of March, 1728-9; " near the head of the Northern Branch ofOcteraroe Creek, & with " the Assistance of John Taylor, Surveyor of the County of Chester, " run a Line from the said Branch to the River Schuylkill, according " to the Courses following, vizt : Beginning on a Corner marked " White Oak standing on the Eastern side of the said Branch on the " Land of John Minshnll, thence North East by North five hundred " p , ^ Richard Hill, Samuel Hasel. 3 ^^ PRESENT ALSO Tdwcnna, Ganyatoiouga, ^ Chiefs of the Conestogoe Indians. Taquatarensaiy, als. Ci Amawoolit, Peyhiohinas, ^ Chiefs of the Ganawese. Yaochkonguess. Peyashickon, Whawyaygamen, ^ Chiefs of the Delawares. Saykalin. With several other Indians. Mr. Peter Bizallion, ^ & > Interpreters. Mr. John Scull, ) The Governour told the Indians that he was very glad to see them, and that according to their Desire he had called his Council together to hear what they had to say. Civility then said that none of the Shawanese are now come, b3cause unhappily, having spent all their Provisions on Rum, they are oblig'd to stay at home to provide Subsistence for their Families - , I civility, J } } S84 MINUTES OF THE by hunting, but that they have contributed equally in the Presents now to be made, and desired those now present to speak in theif Name. Then directing his discourse to the Governr. he said : That the Governour did not come to see them at Conestogoe tht first year after his Arrival, being hindred by Sickness & Business, but that last year he came to see them, for which they were very glad, & then spoke to them particularly about the Death of those Indian People that were then killed. That the Governour then ex- pressed his Si all the English People's Sorrow for their Death, iV they were afflicted with them, tho' those that were killed were not of their People, but that they are now come to desire the Governr may grieve no more but that the Memory of the whole may be entirely buried in the Ground p , Richard Hill, Clement Plumsled. 5 And the same Indians as before, with Mr. Bizallion Interpreter The Governour spoke to the Indians in these words : ** My Friends & Brethren : " Seeing your Affairs would not suffer you as you proposed last " year, to make a Return to my Visit to you at Conestogoe, I am •' pleased to see you now here, & wish that some of the Shawanese " had also accompanied you; but since you speak for them by their " Direction, & they, jojn in your Present, I take what you say as ifi PROVINCIAL COUNCIL. 38^ " it were truly spoke by all the four Nations & as an Answer to " what I then spoke. " I am glad to find by your Discourse, that you not only remember " what I said to you last Spring, but also there are some yet living " amongst you who can remember what your Father William Penn " said to your People when he was in this Countrey, from thence you " see that His Words & mine are the same. He agreed with all •' the Indians whom he treated with in the several Points that I laid " before you at Conestogoe : they were his Words, tho' spoken by " me, & as I obseive the old Men well remember them, so now I " desire you again to repeat them over to your Children & require " them to remember them & to repeat them again to their Children, <' that the same may be continued not only to your Children but " through all Generations & to all Ages. " By this means we shall truely continue not only Friends & " Brothers, but one People, of ore Body, one Mind & one Heart. " We shall rejoyce together & be sorrowfull together, &; we shall all " be the same, " I need not now say any thing further to you on these Heads, for •' it would be, only to repeat the same things, therefore I only say ; " Lett us remember all the good Words that have been spoken. " Your Words have been good & your present is good. I take it *' kindly, & I return you some Goods proper to cloath you, with •' some Powder & Lead & Provisions for your Journey, that you " may goe from hence chearfully, & make all the Indians over the " whole Countrey chearfull with the Words that have been spoken ; " that you & they & all of us may keep the Chain bright & clear "' & without Spot forever. " I must add that you complained much of your suffering by " Rum : many Laws you know have been made against it, but your " People make all these Laws of ik) Effect ; they will have it; they " send their Women for it to all Places where it can be had, & we " can make no Laws against your drinking it ; you must make " these yourselves. If your Women would carry none it would be " more easy ; I shall endeavour however, to prevent its being carried " in such Quantities. Then the following Goods which were prepared by Order of the Board, were delivered to them, vizt : 20 Strowd Matchcoats, 8 Blanketts, 8 Duffel's, 20 Shirts, Half a Barrel 1 of Powder, One hundred weight of Lead, 2 dozen Knives & 1 dozen looking Glasses ; with Rum, Bread, Cheese, Bacon, Tobacco & Pipes. A Gun was 32 388 MINUTES OF THE likewise ordered to be given to Civility. The Governour then took all the Indians by the hand & wished them a safe Journey home. The Bundles of Skins delivered by the Indians being examined <§- weighed, were found to contain 72 fall Deer Skins, weighing 287 pounds, 79 Summer Do. - - 142 108 Drest Do. - - 119 S Beavers, ... 3 17 Racoons, 3 Foxes ^- 6 Catts. Which were ordered to be sold by the Treasurer, & the Produce thereof apply'd towards the Charge of the present Treaty. At a Council held at Philadia., August 6th, 1729. PRESENT : The Honble PATRICK (JORDON, Esqr., Lieut. Governr. Samuel Preston, Ralph Asheton, "] Clement Plunisted, Samuel Hasel. v Esquires. Thomas Laurence, J The Account of Samuel Preston, Esqr., Provincial Treasurer, for the Charge of the late Treaty wiih the Conestogoe Indians in May last, and the Accounts of several other Persons who, by order of this Board had been sent on Messages to the Indians, & had per- formed other Services, being laid before the Board, were referr'd to James Logan, Clement Plumsted &i Thomas Laurence, Esqrs., to examine & report what allowances are proper to be made on the same. At a Council held at Philadia., August, 9th, 1729 PUESiSINT : The Honble PATRICK GORDON, Esqr., Lieut. Governr. William Fishbourn, Ralph Asheton, ") Clement Plumsted, Samuel Hasel. vEsq'rs. Thomas Laurence, J The Report of the Members appointed by order of the preceeding Council, to examine & Report what Allowances are proper to be made on the several Accounts then exhibited to the Board was read, & is in these words : " Philadelphia, August 7th, 1729. " Pursuant to the Order of Council of yesterday, We examined " the Accounts exhibited by the Persons following, & are of Opinion " that they be allowed the several sums after mentioned, vizt ; PROVINCIAL COUNCIL. 399 To Richard Thomas, Four Pounds, as the price of a Cow killed & eat up by the Indians of the five Nations, in their Return home from Philadia. after the Treaty with them in July, 1727, ceitified by a Justice of Chester County, & the Value of the Cow ascertained by the Affirmations of two lawfull Men of that County. To Robert Miller, Sixteen shillings, for^Provisions to the said In- dians, by his Account affirmed to before a Justice of the Peace. To Martin Jervis, Four pounds, for Horsehyre, Expence &, Trouble in going to Conestogoe, by Order of Council of the 1st of Septem- ber last, it appearing his Horse was hurt thro' the quickness of the Journey. To Anthony Morris, One pound seven shillings, for Beer to the Indians at the Treaty in October, 17£8, not charged in the Account thereof given in. To Samuel Preston, Provincial Treasurer, Sixty three pounds two shillings & ten pence, for Presents to the Conestogoe Indians, & their Entertainment at the late Treaty in May last, from which the sum of Forty eight pounds eighteen shillings & one penny is to be dedu- ced, being the amount of the sale of the Present then made to this Government by these Indians. To Nicholas Scull, Eleven pounds, for twenty two days service on a Message to the Indians at Shamokin & other parts, upon the un- happy Murder of. those at Cucussea : And Four pounds extraordina- ry to him ; he being the Person especially entrusted with the Man- agement thereof. To John Scull, Fifteen Pounds, for thirty days Service on the said Messages, & other services performed ; And Three pounds extraor- dinary for interpreting at Treaties. To Anthony Zadouski, Seven Pounds, for fourteen days service on the Message aforesaid; To John Jones, Samuel Cosens, John Philips & William Davies who then attended these Messages, Fifty Shillings each. All which is humbly submitted to the Consideration of the Board bv J. LOGAN, THO. LAURENCE. CLEMT. PLUMSTED. The Board having considered'.the several Articles of the above Report do approve of the same, & 'Tis Recommended to the As<.. sombly to order the Payment of the respective Sums therein con? tained. 390 MINUTES OF THE At the Courthouse of Philadelphia, August 19th, 1729. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governour, with the Mayor, &, several of the City 4' County Magistrates. A List was Presented of the Names of Seventy five Palatines, who with their Families, making in all about One hundred & Eighty Persons, were imported here in the Ship Mortonhouse, James Coul- tas Mr., l>om Rotterdam, but last from Deal, as by Clearance thence dated iilst of June last. It appeared that the Master had no special License for their Trans- portation, they were then called in, & having declared that their Intentions were to settle & live peaceably in this Province,^the several Persons whose Names arc subjoyned, did repeat & sign the Declara- tion inserted in the Minute of 21st of September, 1727. Dirick Truer, John Philip Rank, John Miller, Conrad Werness, Casper Doresi, Dilman Coll, Michael Urelick, Michael Boarst, John Haake, Rudolph Moore, Hans Jacob Ratslne, Uldery Roat, Nicholas Peffell, Hendrick Doabs, Ultiner Snebler, Hendrick Plino, Hans Hendrick Ubera, Christopher Brown, John Christ Croll, Hendrick Warner, Gerard Miller, Andrew Mayes, Hans Michael Heyder, Jacob Creeple, Peiter Weegar, Hendrick Sligloff, Hendrick Sootera, Hans Uldrick Fry, Christopher Fry, Jacob Bowman, Joan Casper Inkeler, John Miller, Jacob Over, David Mantandon, John Daniel Worley, Valentine Fikus, John Adam Moor, John Rice, John Stephen Regensberger, Dirick Adam AVeidle, Ulrick Croll, Adam Shamback, Conrod Killinor, Joannes Brinkler, Moret Creetor, Jacob Reyser, Jacob Fetter, Richard Fetter, Philip Jacob Back, George Daniel Back, Michael Weever, Wendel Wyant, Andrew Baslian, Adam Eastian, Martin Alstadt, Rudolph Walder, Hendrick Keelhaver, Simon Reel, Nicolas Carver, Jacob Eshelman, Welder Keyser, Abraham Kensinger, Reynd. Haider, Baltzar Roer, Christopher Bumgarner, Johannes Orde, Johannes Dirick Greeseman, Frederick Marsh, PROVINCIAL COUNCIL. 391 Christian Longinacre, Dirick Greeseman, Carol Arant Mooselback, Peter Moll, Joannes Middle. At the Courtho. of Philadia., September 15th, 1729. PRESENT : The Honble PATRICK GORDON, Esqr. Lieut. Govr, with the Mayor & several of the City & County Magistrates. A List was presented of the Names of Fifty nine Palatines, who with their Families, making in all about One hundred & twenty six Persons, were imported here in the Ship Allen, James Craigie, Mas- ter, from Rotterdam, but last from Cows, as by Clearance thence dated 7th of July last. It appeared that the Master had no special License for their Trans- portation : they were then called in, & having declared that their Intentions were to settle & live peaceably in this Province, the sever- al Persons whose Names are subjoyned, did repeat 6z; sign the Decla- ration inserted in the Minute of the 21st of September^ 1727. Alexander Mack, Joannes Mack, Felte Mack, Alexander Mack, Jun'r, Jo. Hendrick Kalklieser, Andreas Ponne, William Knipper, Jacob Lisley, Christopher Matten, Paul Libekip, Christopher Kalklieser, Christian Cropp, Andreas Cropp, Jacob Cropp, Christian Cropp, Jun'r, Hans Slachter, Joannes Pellickhover, Joannes Kipping, Hans Erick Cogh, John Michael Amwig, Hans Ulrick Kisle, Ulrick Eley, Rinard Hammer, Samuel Galler, Conrad Iller, Hans Casper Kulp, John Martin Crist, Hisbert Benter, Hans Contee, Jacob Possart, Jacob Wise, Christian Snyder, Jacob Snyder, Joannes Flickinger, Felte Beecher, John Jacob Hopback, Joannes Mackinterfeer, Christian Kitsintander, Lenhart Amwigh, Mathias Snyder, Joseph Prunder, Mathias Ultand, Johannes Prunder, Jerig Hoffart, Joannes Perger, Joannes Weightman, Philip Mich'l. Fiersler, Valentine Perhart Hisle, Hans Jerig Clauser, Hendrick Holstein, Feltin Rafer, Jerig Fetter, 392 MINUTES OF THE John Jacob Knight, David Lisley, Alexander Till, Jacob Possart, Hendrick Peter Midledorf, Daniel Crop. lEsq'r At a Council held at Philadelphia, September 20th, 1729. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governr. James Logan, Clement Plumsted, Isaac Noris, Ralph Asheton, Samuel Preston, Samuel Hasel. Willm. Fishbourn, The Governour acquainted the Board that he now called them to- gether to lay before them a News paper published in this Province, printed «fe sold by Andrew Bradford, numbered 506, in which a Letter signed BRUTUS or CASSIUS, or both, appears to reflect on the King &; Government of Great Britain, & to incite the Inhabitants of this Province to throw off all Subjection to the regular & Estab- lish'd Powers of Government. And the same being read & con- sidered by the Board, It is their Opinion that it is a wicked & seditious Libell, tending to introduce Confusion under the Notion of Liberty, and to lessen the just Regard due to Persons in Authority. 'Tis therefore Ordered, that the said Bradford be immediately taken into Custody, & examined by the Mayor & Recorder of this City, or any other two Justices of the Peace, & that his Dwelling house & printing Office be searcht for the written Copy of the said Libel, that the Author may be discovered, & that the Attorney General commence a Prosecution against the said Bradford for printing & publishing the same. N. B. This order being executed & the original Copy found, it appeared to be- wrote by one Campbell, a Parson of a dissolute Character who had lived for some time in Newcastle County, but his scandalous Behaviour proving intolerable to his Hearers there he removed to Long Island, from whence he sent that Paper with others of the same Strain, by the Post, to Andrew Bradford, who without consider- ing or knowing its Tendency, printed it as he did other Papers, in his Mercury. His Ignorance therefore, gave some Abatement to the Prosecution ; he was however committed, & then Bound over to the Court. PROVINCIAL COUNCIL. 393 At a Council held at Philadelphia, October 4th, 1729. present: The Honble PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Thomas Laurence, ^ William Fishbourn, Ralph Asheton, ^ Esq'rs. Clement Plumsted, Samuel Hasel. ) The Governour acquainted the Board that James Smith, now in Philadelphia Goal under Sentence of Death far a Burglary, had been recommended to him by the Justices oi^ the Supreme Court as an Object of Mercy, & that therefore he intended to spare his Life, &; order him to be sent out of the Province, if the Board had no Objec- tion thereto, which was readily agreed to. Returns from the several Counties of the Province & from the County of Newcastle, of Persons Elected for Sherifs & 'Coroners the Ensuing year were laid before the Board, and the following Persons were thereto appointed : For Philadelphia City &, County. Charles Read &, Nicolas Scull being returned for Sherifs, &; Owen Owen & Merick Davis for Cor- oners, Charles Read is appointed Sherif, & Owen Owen Coroner. For Bucks County. Timothy Smith & Joseph Lupton being re- turned for Sherifs, & Jonathan VVoolston & William Atkinson for Coroners, Timothy Smith is appointed Sherif, & Jonathan VVoolston Coroner. For Chester County. John Taylor & John Owen being returned for Sherifs, & Robert Parke & Abraham Darlington for Coroners, John Owen is appointed Sherif, & Abraham Darlington Coroner. For Lancaster County. Robert Barber c^- John Galbraith being returned for Sherifs, 4* Joshua Low & John Mitchel for Coroners, Robert Barber is appointed Sherif & Joshua Low Coroner. And Commissions v;ereoi'dered to the said Sherifs accordingly, they giving Security as the Law Directs. It was likewise ordered that the Sherif of Lancaster County should give Security in the like Sum with that directed to be given by the Sherif of Bucks. For the County of Newcastle. William Read & John Gooding being returned for Sherifs, &- Morgan Morgan & William Graham for Coroners, William Read is appointed Sherif & Morgan Morgan Coroner. The day following out of Council. Returns of the Elections in the Counties of Kent &; Sussex being laid before the Governor, His Honr. appointed the Persons following, vizt : For Kent County. William Rndeney & Moses Freeman being returned for Sherifs, & Samuel Berry & Edward Jennings for Coro- ners, William Rodeney is appointed Sherif <^ Samuel Berry Coroner, 394 MINUTES OF THE For Sussex County. Rives Holt &, John Jacobs being returned for Sherifs, om time to time given all the possible Demonstrations of this " that have been in my Power, & 1 know not how I can at this time " give you a better Proof of the same than to assure you, that from " all the Lights T have received, nothing in my Judgement can be " more unreasonable, nor in Effect may prove more destructive to the 402 MINUTES OF THE " Interest of the Province, than to make any further Attempts what- " soever in relation to our Paper Currency ; for as I conceive the " least step made in it at this or any other time, till the Acts we al- " ready have are better secured, will certainly endanger the whole, " & further draw down a Censure on us from the Ministry for so " precipitated a Conduct, that might prove extremely to the Disad- " vantage of the Province. " And as for my own Part, though I must say that I have the " strongest Inclinations to gratify the Desires of the Inhabitants, " when regularly handed to me by their Representatives, Yet I am " sure that should I now pass any other Act for a further Emission, " I should be so far from benefiting the Countrey by it, that I should " render myself entirely incapable of doing it any further Service ; " for I should so effectually ruin my Credit with all those about His " Majesty on whom we must ever depend, that it would be in vain to " apply for any Favour whatsoever for the future, & therefore I " shall never on any Consideration, concur in what would be attend- " ed with such pernicious Consequences ; And I must now earnestly " recommend it to the House, that instead of proceeding in this Mo- " tion, they would on the other hand resolve on such Measures as " may more effectually secure the Bills already transmitted from a '• Repeal, of which they are not out of Danger. " And as to the Re-Emission of the moneys already paid in &. " now lying in the Office, of which I hear there is a considerable " Sum, you are sensible that it is all subject to the Re-emitting Act " of which above six years are yet unexpired — a Term that no Man " who really wants money, can reasonably think too short for him to " continue a Debtor, or to keep his Estate under an Incumbrance. " And for the Payments that are to be made by the last Act, they " will come in such small Portions that the Decrease of the Currency " will be very slowly felt, & for some years be scarcely perceived. '• But on this occasion I cannot forbear observing on Mr. Perry's " Letter, that if what he says of Mr. Penn be just, the Gentleman " last named had certainly altered his Sentiments before he wrote " to me, for tho' the Bill gave him great Apprehensions & he was " very doubtfuU of its success, yet he expresses all the Tenderness " for its Preservation that could be expected from the heartiest '' Friend to it. I am apt therefore to believe Mr. Perry was not " fully informed on the Subject when he wrote that Letter." At a Council held at Philadelphia, Febry. 12th, 17£9-S0. PRKSENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Asheton, ") Willm. Fishbourn, Samuel Hasel. i-Esq'rs. Thomas Laurence, J Two Bills sent up from the House being read, vizt : PROVINCIAL COUNCIL. 403 AN ACT for lending the sum of Three hundred Pounds in Bills of Credit, for building a Prison Sr Courthouse in Lancaster County. A SUPPLEMENT to the Act Entituled An Act for preventing clandestine Marriages. The first was ordered to be returned to the House, without Amend- ment, & some few being proposed to the other, were drawn up & likewise ordered to be carried in with the Bill. At a Council held at Philadelphia, Febry. i3th, 1729-30. PRESKNT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence, ^ Willm. Fishbourn, Samuel Hasel. lEsq'rs, Clenr,ent Plumsted, J A Bill sent up from the House Entituled, AN ACT laying an Excise on all Wine, Rum, Brandy & other Spirits retailed in this Province was read, & ordered to be returned without Amendment. Then were read the two Bills again sent up, vizt : A Supplement to the Act for preventing clandestine Marriages, & the Act for the Relief of Insolvent Debtors. It appeared that the House had agreed to all the Amendments propped to the first, & the same was therefore ordered to be sent down OTd Engrossed. It likewise appeared the House had conceded only to a fev/ of the Amendments proposed to the other, whereupon the whole Bill was again had under Considera- tion, p , Clement Plumsted, Samuel H[asel. 3 '' A Bill sent up from the House o{ Representatives, Entituled AN ACT to remove the Trustees of the General Loan Office of Pensyl- vania, & appointing others to execute the said Trust, was read & a- greed to without Amendment. It appeared that the House had conceded to all the Amendments proposed to the Bill in the preceding Minute mentioned. EODEM DIE, P. M. The Governor, attended by Thomas Laurence & Samuel Hasel, Esquires, received the House of Representatives, & their Speaker having Presented to His Honour the two following Bills, they were passed into Laws of this Province, & Warrants were issued for af- fixing the Great Seal thereto, vizt : AN ACT to remove the Trustees of the General Loan Office of Pensylvania, & appointing others to Execute the said Trust. AN ACT to prevent the Erecting of Wears, Dams., &c., witliin she River Skuylkill. Then the House withdrew. Esq'rs. 403 MINUTES OF THE At a Council held at Philadia, Augt. 27th, 1730. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Govr. James Logan, Thomas Laurence, Isaac Norris, Samuel Hasel. THE GOVERNOR acquainted the Board that he intended to sett out the beginning of next Weeiv for New York, to pay a Visit to the Governor of that place which he had long since promised ; And as the Powers of Government would in his Absence devolve on the Board, he was now to recommend to them the Care of the Province 6u the Preservation of the Publick peace, & to request that in case any thing extraordinary should happen during his Stay, an Express may be dispatched to him to hasten his Return. Upon which the Members present were of Opinion, that on this occasion it would be very proper to have a fuller Board, & for that End, that Notice in Writing should be sent to all the Members of Council who can conveniently be had, to attend to morrow afternoon, & that then the Governor might acquaint them with his intended Journey ; which being agreed to, 'TIS ORDERED that the Clerk prepare the said Notices, & putt them in the hands of the Messen- ger to be delivered to the respective Members. It being represented that Captain Anthony Palmer had for many years acted as a Member of this Board, but for some time past had declined the Service, 'TIS ORDERED that particular Notice in Writing be sent to him, to attend the Council at three a clock to morrow afternoon, at the house of James Logan, Esqr., or to give his Reasons why he will not, that the Board may come to some Reso- lution thereupon. It was likewise moved & agreed to, that the Pre- cedency of the Councellors should be settled, & for that End Mr. Logan was requested to search into the Minutes of Council, & to report the same to the Board at their next meeting. At a Council held at Philadia., Augt. 28th, 1730. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Govr. James Logan, Clement Plumsted, "^ Isaac Norris, Thomas Laurence, j Saml. Preston, Ralph Asheton, ^Esq'rs. Antho. Palmer, Samuel Hasell. j Willm. Fishbourn, J The Minute of yesterday's Council being read & approved, Mr. Logan in pursuance thereof, produced several Minutes of Council, to show the Rank which had been usually observed amongst the Members of this Board ; Upon perusal of which, & after due Con- sideration, 'TIS ORDERED that from henceforth the present PROVINCIAL COUNCIL. 409 Members of Conncil be thus ranked, vizt : James Logan, Isaac Nor- ris, Samuel Preston, Anthony Palmer, Henry Brooke, William Fish- bourn, Clement Plumstcd, Thomas Laurence, Ralph Asheton &; Samuel Hasell. The Governor then Mentioned his intended Journey to New York, & recommended the Care of the Province in his Absence to the Board, who having wished His Honour a good Journey, & Safe Return to his Government, the Council broke up. At the Courtho. of Philadia., Augt. 29th, 1730. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Governr. with the Mayor of Philadelphia, <^ several of the City Magistrates. A List was presented of the Names of Seventy Seven Palatines, who with their Families, making in all about Two hundred & Sixty Persons, were imported here in the Ship Thistle of Glasgow, Colin Dunlap Mr., from Rotterdam, but last from Dover, as by Clearance from that Port. The Master .being examined, said he had no particu- lar License for their Transportation : they were then called in, «fc having declared that their Intentions were to settle & live peaceably in this Province, the several Persons whose Names follow, did re- peat and sign the Declaration inserted in the Minute of the 21st of Sepr., 1727, & likewise took & subscribed the Declaration of Fidel- ity and Abjuration. Jobs. George Lodwick Has, Mathias Thais, Bernard Sigmund, Peter Biswanger, Hans Jacob Doll, Fredrick Reimer, Johannes Dunkell, Nichel Fizer, Christopher Better, Jacob Nagell, Johan Peter Osier, Johan Casper Smiet, Leonard Graw, Johan Siningern, Jeremias Hess, Ulrick Sherar, Velde Grisimer, Philip Groscost, Casper Frisman, Casper Bittner, Christian Leman, Johan Paulus Dillenhover, Stephen Remer, Johannes Sherer, Rudolph Draugh Johan Justice Sherer, Johannes Kunn, Hans Georg Hoffman, Lodwick Dillman, Nichol. Kinser, Johan Hendrick Smitt, Johannes Hoffman, Gerard Zinn, Philip Hants, Christopher Angubrant, Laurence Koff, Jean Henrix Fortineux, Abraham Transu, Michael Thomas, Casper Hartman, Hans Minigh, Thomas Hammon, 410 MINUTES OF THE Christian Shram, Jacob Stiffen, Rudolph Andreas, Fredrick Peifer, Leond. Kopplinger, Johs. Kopplinger, "W oiler Sparger, Voldrick Meidleman, Elias Meidleman, Jacob Ammon, Ulrick Steyner, Dolls. Britelman, Thomas Hass, Hendrick Hass, Johan Ekel Lukembourg, Henrick Ekenbili, Hans Simon Murs, Hendrick Gutt, Peter Travinger, Casper Griger, Bernard Renn, Dielrick Kober, Lutwig Moler, George Hurtzell, Lutwig Hurtzell, " Leond. Hoognunk, Peter Federolph, Peter Muller, Fredrick Likenberger Valentine Michael, Christopr. Hendrick, George Undetenard, Michael Thomas, Christian Thomas. IN THE ABSENCE of the Honble the Lt. Governr. At the Courtho. of Philadia., Sepr. 5th, 17S0. PRESENT : The Mayor dz. Recorder of the City, together with several Justices of the Peace. A List was Presented of the Names of Forty six Palatines, who with their Families, making in all about One hundred and Thirty Persons, were imported here in the Ship Alexr. & Ann, William Clymer, Master, from Rotterdam, but last from Deal. The Master being examined said he had no particular License for their Transportation : they were then called in, & having declared that their Intentions were to settle & live peaceably in this Province, the several Persons whose Names are subjoined did repeat & sign the Declaration inserted in the Minute of the '21st of September, 1727, and likewise took & subscribed the Declaration of Fidelity and Abjuration. Anthony Muller, Daniel Cristman, Adam Fillipott, Hans Lensenns, Johan Fredrick Lausseness, Johannes Herler, Johan Adam Atler, Martin Muller, Johan Peter Waller, Frans. Plumm, Jacob Muller, Martin Creiner, Waldes Langhaer, Martin Yonger, Michael Blesser, Peter Tilman, Adam Shuler, Johannes Vitner, David Suffoltz, Michl. Firkman, Rudolph Mastersundts, Conrad Yongman, PROVINCIAL COUNCIL. 411 Fredrick Meyer, Leopold Hilligas, Carles Callar, Henrick Cleiner, Hans Ulrick Krinston, Mathias Seltzer, Bernhard Meyer, Johannes Cleiner, Jacob Mejer, Hans Jerick Ham, Hans Musulburger, Johan Nicnl. Brecher, Martin Burger, Johannes Woldman, Hans Jacob Oberholts, Christian Princeland, Johan Fredrick Waller, Johan Sebastian Braft, Henrick Marta, Hans Micbi. Veidus, Geo. Michl. Brinsius, Hans Bartel Hemberger, Johan Philip Curnert, Johan Carl Hornberger. At a Council held at Philadia., Octr. 3d, 1730. PRESKNT : The Honble PATRICK GORDON, Esqr., Lt. Govr. Willm. Fishbourn, Ralph Asheton, ^p , Thomas Laurence, Sam!. Hasell. ^ ^ Returns from the several Counties of the Province, & from the County of Newcastle, of Persons elected for Sherifs 4' Coroners the ensuing year, were laid before the Board, & the following Persons were appointed to those Offices, vizt : For Philadelphia City & County. Charles Read and Nicolas Scull being returned for Shsrifs, & Owen Owen & John Roberts for Coroners, Charles Read is appointed Sherif & Owen Owen Cor- oiier. For Bucks County. Timotby Smith & Joseph Thornton being returned for Sherifs, & William Atkinson & Jonan. Woolston for Coroners, Timothy Smith is appointed Sherif & Jonathan Woolston Coroner. For Chester County. John Owen & John Bennit being returned for Sherifs, & John Wharton & Abra. Darlington, for Coroners, John Owen is appointed Sheriff Jno. Wharton Coroner. (Came in Clemt. Flumsted, Esqr.) For Lancaster County. John Galbraith & Daniel Jones being returned for Sherifs, & Joshua Lowe & John Mitchell, for Coro- ners, John Galbraith is appointed Sherif & Joshua Lowe Coroner. For Newcastle County. William Reid & John Gooding being re- turned for Sherifs, &; John Dening &, Abraham Gooding for Coro- ners, William Reid is appointed Sherif & Abraham Gooding Cor- oner. And Commissions are Ordered to be issued accordingly, the Sher« ifs giving Security as the Law directs. 412 MINUTES OF THE October 6th, 1731. Out of Council. Returns from the Counties of Kent & Sussex being laid before His Honr., the following Persons were appointed to the Offices of Sherif & Coroner for the ensuing year, vizt : For Kent County. Daniel Rodeney & John Hall being returned for Sherifs, & Samuel Berry & Thomas Tarrant for Coroners, John Hall is appointed Sherif & Samuel Berry Coroner. For Sussex County. James Fenwick & Simon Kollock being returned for Sherifs, & Robert Smith & Cornelius Willbank for Cor- oners, Simon Kollock is appointed Sherif & Cornelius Wiltbank Cor- oner. And Commissions are Ordered to be issued accordingly. At a Council held at Philadia, Octr., 15th, 1730. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Governr. Isaac Norris, Clement Plumsted "^ Saml. Preston, Thomas Laurence, ! p , Anthony Palmer, Ralph Asheton, j ^ William Fishbourn, Samuel Hasell, J The Representatives of the Freemen of this Province Elected the 1st instant, having mett yesterday in Assembly, pursuant to the Proprietor's Charter & the Law in that Case made & provided, and having proceeded to the Choice of a Speaker, did this day wait on the Governor to present him accordingly. And Andrew Hamilton, Esqr., addressing himself to His Honour, said that the House had been pleased to make Choice of him to be their Speaker ; that he was not unsensible but there were several Members of the House whose Abilities sufficiently qualified them for the Office to which he was now Chosen, and therefore, if His Honr. conceived that the Choice of some other Person might be more acceptable, he hoped his Honour would direct the House accord- ingly. To which the Governor answered, that he could not doubt but the Choice the House had made, of a Gentleman so well qualified, would be as acceptable to the Country in general as it is to His Honr. in particular. The Speaker having thanked the Governor for the good Opinion he was pleased to entertain of him, in the Name of the House re- quested, That they may enjoy Freedom of Speech in all their Deliberations &, Debates, <^ that his own unwilling Mistakes & Omissions may be excused. PROVINCIAL COUNCIL. 413 That if in delivering any thing to His Honr. in the Name of the House that shall be given him in Charge, he happen to be mistaken, such Mistake or Inadverlance may not be imputed to the House, but that he may resort again to the House for Declaration of their true Intent & meaning, 4" the Error may be pardoned. That his Honr. would be pleased not to hearken to any thing that may be reported to him touching any matter moved or debated in the House, until the same shall have passed into a Resolve, nor give any Credit to such Report. That upon all necessary & urgent Occasions the House may have free Access to His Honr's. Person. All which Mr. Speaker said he now requested, as the just Rights & Privileges of the Representatives of the Freemen of Pensylvania- And His Honour having assured the House that they should be maintained in the full Use & Exercise of the same, they withdrew. The Governor then acquainted the Board thatnotwithstandingall his Endeavours, he had not yet been able to fill up the Vacancys in the Supreme Commiss'n; that he found those gentlemen whom he thought best qualified for that Service very backward to enter in it ; That repeated Applications had been made to him from the respective Counties of the Province, for the Tryal of several Criminals now in their Goals, and that some Expedient would be necessary to prevent any Delay of Public Justice. It was thereupon proposed & agreed to, that Special Commissions of Oyer & Terminer & genl. Goal Delivery, should be issued &sent into the respective Counties, direct- ed to such proper Persons as His Honr. can prevail with to undertake that Service. MEMORANDUM.— Novr. 5th, 1730. A Report having been spread abroad, that Mr. Fishbourn's House had been broke open on Sunday, the twenty fifth day of October last, (while the Governr. was at Newcastle,) and a large Sum of Public money which Mr. Fishbourn was about to deliver to the new Trustees of the Loan Office taken away, His Honour upon his Re- turn from Newcastle on the first Currt., imagined Mr. Fishbourn would apply to him &; acquaint him with his Misfortune ; but he neglecting to do it, the Governor thought fitt, by a Letter of the 3d currt. to lett him know, that as his Conduct while a Trustee of the Loan Office, and the mistakes discovered in his Accounts, had already subjected him to very great Censure, this Report of his being robbed the very night before he was to pay the money left in the Office, to the new Trustees, was commonly received rather as a Pretence than a Reality, & that therefore it would be incumbent on him to clear up this Affair of the Robbery 414 MINUTES OF THE effectually. To this Mr. Fishbourn returned a confused and evasive Answer, affirming however that he had lost the Money, but adding that he was willing to refer himself to the Judgement of the Assem- bly, to whom only he said he was accountable. Upon the Enquiry which was made into this Affair before His Honour, several Members of Council, many Merchts. & other Gen- tlemen of Philadelphia, the strong Presumptions of Mr. Fishbourn's Roguery, in attempting to impose this Robbery on the Publick, ap- peared but too evidently, which were afterwards fully confirmed by his Behaviour before the Assembly, & his declining to mention this pretended Robbery as an Excuse for the large Deficiency discovered in his Accounts, which if the Loss had been real, he would scarce neglected to have urged in his own Vindication. At the Courtho. of Philadia., Novr. 30th, 17S0. PKESENT : The Honble PATRICK GORDON, Esqr., Lt. Govr. Samuel Hasell' } ^^q'^^- Members of Council, Thomas Griffits, Esqr., Mayor, ^ ^ p, ., ,- Andrew Hamilton, Esqr., Recorder. 5 °^ t^^inaaia. A List was presented of the Names of Twenty four Palatines, who with their Families, making in all about Fifty two Persons, were imported here in the Ship Joyce, William Ford, Master, from Boston. They were called in, & having declared that their Inten- tions were to settle & live peaceably in this Province, the Persons whose Names are hereunto subjovned did repeat & sign the Decla- ration inserted in the Minute of the 21st of September, 1727, & likewise took & subscribed the Declaration of Fidelity &, Abjura- tion. Christian Miller, Johan Cuntz, Michael Shafer, Mark Ninger, Nicolas Swort, Johan Hoff, Daniel Swort, Andreas Soffman, Hans Wichel, Hans Ulrick Meyer, Johan Lutwig Wiche Leonard Fndry, Joseph Domm, Johan Michael Fisher, John Bear, Henrick Kilian, Hans Jacob Bear Jobs. Overbaeck, Leonart Koll, Zacharias Park, Henry Shefer Godfrey Schultze. Egram Hal }' PROVINCIAL COUNCIL. 415 At a Council held at Philadia., Decemr. 3d, 1730. present: The Honble PATRICK GORDON, Esqr., Lieut. Govr. Isaac Norris, Clement Plumsted, Samuel Preston, Ralph Asheton, ^Esq'rs. Antho. Palmer, Samuel Hasell. Henry Brooke, The Governor informed the Board ihat by the Report made to him of the Proceedings of those Gentlemen who had delivered the Goals of the Counties of Philadelphia, Bucks & Chester, pursuant to the special Commissions for that purpose issued, it appeared that one Thomas Soames had received Sentence of Death for a Burglary, of which he was convicted by his own Confession, the Execution of which Sentence yet remaining to be done, he was now to take the Advice of the Board thereupon. And the same being had under Consideration, the Board are of Opinion that considering his Youth, When all this is considered 1 say, none can be so blind as not to " see the great Risque we run by multiplying such Acts without Ne- " cessity, since we thereby endanger our whole Currency. " However, as this Rill seems calculated only to answer the In- ^ ' tention of the former much belter timed Proposal, & as it may " fully answer all the Exigencies of ihe Country, & prevent during " its Term, the Necessity of any further Provision for a Currency, " I shall venture to pass it with small Amendments. " But as by its being a new Bill it may still subject us to yet " greater Difficulties in Britain, I must now take this Opportunity *■' to insist on your making a due Provision for furnishing ourselves " with an able Agent in London, who may cordially &, sincerely " negotiate such Bills, together with our other Business at the sev- " eral Boards, since you cannot but be sensible that the Persons to " whom they have of late been sent, however worthy in other Res- *' peels is in tl.is Case absolutely improper, as being wholly disaffect- " ed to the Currency in general, nor if otherwise inclined would his " great Affairs allow of his Attendance. Not only the Advantages " but the Necessity of such an Agent are manifest ; for a suitable *' Encouragement to such a Person would induce him to devote a PROVINCIAL COUNCIL. 423 " part of his time to the Study of our Constitution, the Circumstan- " ces of the Province & its Trade, and as a Man of Penetration " would soon make himself Master of these Points, he would not " fail on all Occasions of doing us eminent Service. By one thus " qualified better than by many written Representations, might those " Impressions which have been received to the Disadvantage of our " Currency be removed, the particular Laws framed for our Con- " veniency would be easily and naturally explained to those who are " to judge of them, & nothing would then be transacted at any of " the Publick Offices relating to us, of wiiich we might expect early "Notice; And a moderate yearly Sum laid out in this way might on " some Occasions save a very considerable Publick Expence. lam " led to press this the more closely, from some late Endeavours that " have been used to obtain a Repeal of the Law for establishing " Courts of Judicature, passed since my Accession to this Govern- " ment, which had it been obtained would have occasioned great " Confusion in the Publick Administration. And as the matter is " still depending before the Lords of Trade, it will become us to " take all suitable Measures to prevent a Design of this Nature; " And seeing all our neighbouring Governments carefully provide " proper Agents to appear for them & manage their Affairs, & our " own Assemblies as I am informed, have formerly voted the same, " I hope therefore a House of Representatives that I an\ persvvaded '' has the true Interest of the Province as fully at heart as any that '' has hitherto been convened, will no longer delay so important a " Provision. " Upon considering the Bill in Council one observation has been " made which will deserve your Notice, & this is that the striking so " large a Sum as Forty thousand Pounds to exchange torn or ragged " Bills may be attended with several Inconvenencies, unless it is pro- " posed to exchange all the Bills now current by the two first Acts. If " that is intended, the Bill as it now stands does not seem to express " it clearly, nor to direct that those Bills of Credit shall not be again •' issued, which it is conceived ought to be done in full and distinct " Terms. ' P. GORDON. FEBRUARY 4th, 1730-1. The House this day by a Message, acquainted His Honr. tl\at they had agreed to the Amendments proposed to the Re-Emitting Bill, And that in Pursuance of His Honour's Message of yesterday, they had appointed Ferdinand John Paris, Esquire, Agent for this Prov- ince, & had voted him a yearly Salary of^ Fifty Pounds sterling for that Service. The Governor desired the Members who brought up this Messa.ge, 424 MINUTES OF THE to lett the House know that he very much approved of the Choice thev had made. FEBRUARY 6th. The Governor sent down the following Message to the House : " Gentlemen : " The Death of that worthy Gentleman Mr. Hill, & the Indispo- <' sition of Mr. Lloyd, which renders him unfitt to attend the Publick " Service, has occasioned two Vacancies in the Commission of the •' Supreme Court by our Constitution established, And tho' I have " used all proper Endeavours to gett them supplied, yet I find so " great Difficulty in prevailing with Men of Knowledge &l Abilities " to undertake those Offices, that I am obliged to acquaint you " therewith, lest this Failure should be laid at my Door. " Upon the late repeated Applications from the Several Counties " of this Province (or the Trial of Criminals then in Goal, 1 was " obliged to direct special Commissions of Oyer and Terminer & " Goal Delivery to three Gentlemen, who at my Earnest Request " were perswaded to perform that Service, which ought to be ac- " knowledged by the Publick ; And as Prosecutions of that Nature " are greatly multiplied amongst us, & several Complaints are daily '.' made, by Persons who either stand in need of Remedial VVritts " properly issued out of that Court, or whose Suitsare removed thith- " er <^- there remain undecided to their great Loss, It appears high- <' ly necessary that an Appointment should speedily be made of " proper Persons for Judges of that Court, that the End of its Es- " tablishment may be answered. But in Order to do this, as much " as may be to the general Satisfaction of all the Country, I must '• desire you to consider of (5" resolve upon such allowances to the " Persons so appointed, as may be some Inducement to Men of Ca- '' pacity to accept of those Offices, otherwise it will not be in my t' Power to remedy the Inconveniences which the Publick now •' sustains thro' the VVant of them ; And this I recommend to your '• serious Consideration." P. GORDON. In answer to which Message the Governor received the same day a Resolve of the House in these Terms, vizt : '* That the Governor may with safety depend on the Honour of the '- House, that Avhen he shall supply the Vacancies in the Supreme " Commission, the House will allow anv adequate Salary to the '^' Gentlemen who shall be appointed to that Trust." PROVINCIAL COUNCIL. 425 EODEM DIE. At a Council held at Philadia. PRESENT : ■ The Hon ble PATRICK GORDON, Rsqr., Lt. Govr. James Logan, Thomas Laurence, "j Henry Brooke, Ralph Asheton. lEsq'rs. Clemt. Plumsted, J The Governor acquainted the Board that the House had agreed to all the Amendments proposed to the several Bills which had been considered in Council at their two last meetings. Then were read two Bills sent up from the House, vizt : An Act for Amendment of the Law Entituled An Act for Relief of Insolvent Debtors : ^• A Supplement to the Law Entituled An Act to prevent the killing of Deer out of Season, and against carrying of Guns & hunting by Persons not qualified. Both which being agreed to, were Ordered to be returned without Amendment. EODEM DIE, P. M. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Govr. Henry Brooke, Anthony Palmer, 1 y r Clement Plumsted, Ralph Asheton. ^ • q ». The House of Representatives waited of the Governor, and the Speaker having delivered to His Honour the Order of the House for his Support the current year, presented the following Bills for his Assent, which were accordingly passed into Laws of this Province, 4* Warrants Issued for affixing the Great Seal thereto, vizt : 1. AN ACT for Re-Emitting & continuing the Currency of such Bills of Credit of this Province as by former Acts are directed to be sunk & destroyed. 2. AN ACT for Enabling Religious Societies of Protestants within this Province to purchase Lands for Burying grounds, Churches, Houses for Worship, Schools, &c. 3. AN ACT for the better enabling divers Inhabitants of the Province of Pensylvania to hold Lands, & to invest them with the Privileges of natural born subjects of the said Province. 4. AN ACT for the Relief of Benjamin Mayne, with Respect to the Imprisonment of his Person. 426 MINUTES OF THE 5. AN ACT to disable William Fishbourn from holding any Of- fice of Trust or Profit within this Province, &; to secure the Pay- ment of a Provincial Debt due from the said William Fishbourn. 6. AN ACT for the better Prevention of Accidents that may happen by Fire in the City of Philadelphia, by Bakehouses & Coop- er's Shops. TAN ACT for the Amendment of the Law Entituled An Act for Relief of Insolvent Debtors. & 8. A SUPPLEMENT to the Law Entituled An Act to prevent iheKillincrof Deer out o( Season, & against carrying of Guns &. hunt- ing by Persons not qualified. The Governor having thanked the House for the obliging man- ner in which they had provided for his support they withdrew, & the Council adjourned. N. B. The House adjourned to the 2d of August next. At a Council held at Philadia, April 8th, 1731. PRIiSENT : The Honble PATRICK GORDON, Esqr., Lt. Governr. Samuel Preston, Thomas Laurence, Anthony Palmer, Ralph Asheton, J»Esq'rs. Henry Brooke, Samuel Hasell. The Governor acquainted the Board that the time of the sitting of the Supreme Court now drawing nigh, it would be proper to fill up the two Vacancies in that Commission, occasioned by the Death of the Chief Justice <5- of Mr. Hill. And His Honour having named Isaac Norris, Esquire, to be Chief Justice, Jeremiah Langhorn, Es- quire, to be second Justice, ^ Doctor Thomas Grajme to be third Justice of the said Court, The Board unanimously expressed their Satisfaction with the said Nomination, and 'TIS ORDERED that Commissions be issued to them accordingly. At a Council held at Philadia., Augt. 4th, 1731. PllESKNT : The Honble PATRICK GORDON, Esqr., Lt. Govr. James Logan, Clemt. Plumsted, Isaac Norris, Ralph Asheton, J^Esq'rs. Samuel Preston, Samuel Hasell. The House of Representatives having mett on the 2d inst. pursuant to their Adjournment, The Governor laid before the Board a written } PROVINCIAL COUNCIL. 427 Message drawn up for the House, touching the Application of the Sugar Islands to His Majesty in Council & the British Parliament, for restraining (he Trade of the Northern Colonies in America; And the same being read, together with a Letter from Mr. Paris, the Agent for the Province, It is the Opinion of the Board that the subject matter of the said Message is of such Importance iis well deserves the serious Application of the whole Legislature, &; the said Message being approved was ordered to be sent down to the House, & is in these Words : " Gentlemen: " The Publick Papers of the last Spring have apprized the whole " Countrey of the Application first made to His Majesty in Council, " and then to the Parliament of Great Britain by the Sugar Islands, " especially Barbados, for restraining the Trade of His Majesty's " Northern Colonies in America. " The first Notice of this Afiiiir from England did not reach " my hands till April last, and as the hearing of their Petition before " the Council was to be the latter End of that Month, I thought it " would be to no Purpose to call you together at a time wch might " have been inconvenient to your private Affairs, especially consid- " ering that our Remonstrances must have come very late, if any thing " had then been determined on the said Petition. By the last Advices I " understand that a Bill has passed the House of Commons, but from " the strong Opposition it mett with was not gott thro' the House " of Lords, where it now lies, & will undoubtedly be vigorously " pressed on next Session of Parliament. " I need not 1 hope observe to you of how great Importance this " Affair is to the whole Continent of America, & tho' it may be '• thought that the Trade of this Place with any of the Forreign Sugar " Islands is but inconsiderable with respect to that carried on by our " Neighbours, yet when the immediate Consequences of such a Res- " traint are maturely considered, it will be found that the General " Trade of this Colony will be most deeply affected by it, & the In- " conveniences such as must be sensibly felt by all its Inhabitants, " and especially the industrious Farmer, for it is evident that if our " Neighbours are denied the Vent they have had for their Bread & •' Flour in the Forreign Colonies, & be confined solely to our own, "the Price of our Staple Commodities will by means thereof be "* brought exceedingly low. " Our Honourable Proprietors have on this Occasion shewn their " Affection & Concern for our Interest by a warm opposition to the " Bill, and that Gentleman who at your last meeting was appointed " your Agent, has so far interested himself therein in behalf of this " Colony, & exerted himself with such Care and Assiduity for its " Interest, (Even before that Appointment could be made known to " him,) that I am extremly well pleased your Choice fell on so able " an hand, and I perswade myself his Services will meet with a 428 MINUTES OF THE " proper Encouragement. I send herewith a Copy of part of a " Letter I received from him on the subject, which so fully gives the " then state of that Affair that you will want no other Information, " and with it I send some Prints that may be of use to you in this " momentous Affair, vvch I hope you will enter upon with a becoming "Concern, & prepare such Representations in Behalf of this Coun- " try to be laid before His Majesty & the British Parliament, & give " such necessary Directions therein to your Agents as a Matter that " so nearly Affects us all immediately calls for. " I have also another Affair of very great Importance to the Se- " curity of this Colony &; all its Inhabitants to lay before you, which " shall speedily be communicated to you." The Governor then proceeded to inform the Board that the Matter mentioned in the Close of the preceeding Message related to Indian Affairs, & would be found to be likewise of very great Consequence to the whole Province ; the Detail whereof His Honr. said he would leave to Mr. Logan, to whom the Information had been first given, &. who from his long Experience & Knowledge in those affairs, could give the best Account of it. That Gentleman then producing the Map of Lowisiana, as inserted in a Book called a New General Atlas, published at London, in the Year 1721, first observed from thence how exorbitant the French Claims were on the Continent of America ; that by the Descrip- tion in the said Map they claimed a great part of Carolina and Virginia, & had laid down Sasquehannah as a Boundary of Pensyl- vania. Then he proceeded to observe that by Virtue of some Treaty, as they alledge, the French pretend a Right to all Lands lying on Rivers of the Mouths of which they are possessed ; That the River Ohio (a branch of Mississippi) comes close to those Mountains which lye about 1"20 or 130 Miles back of Sasquehannah, wiihin the Boun- daries of this Province, as granted by the King's Letters Patent ; That adjoyiiing thereto there is a fine Tract of Land called AUe- gheney, on which several Shawanese Indians had sealed themselves. And that by the Advices lately brought to him by several Traders in those parts, it appears that the French have been using Endeavours to gain over those Indians to their Interest, ^ for this End a French Gentleman had come amongst them some years since, sent as 'twas believed, from the Governor of Montreal, and at his Departure last year carried with him some of the Shawanese Chiefs to that Gover- nor, with whom they at their Return appeared to be highly pleased : That the same french Gentleman, with five or six others in Compa- ny with him, had this last Spring again come amongst the said In- dians and brought with him a Shawanese Interpreter, was well received by them, had again carried some of their Chiefs to the said Govr., & the better to gain the Affections of the said Indians, brought with him a Gunsmith to work for them gratis. Mr. Logan then went on to represent how destructive this Attempt of the French, if attended with Success, may prove to the English Interest on this PROVINCIAL COUNCIL. 429 Continent, and how deeply in its Consequences it may affect this Province, 4' after having spoke fully on these two Heads, Moved that to prevent or putt a Stop to these Designs if possible, a Treaty should bo sett on foot with the five Nations, who have an absolute Authority as well over the Shawanese as all our Indians, that by their means the Shawanese may not only be kept firm to the English Interest, but likewise be induced to remove from Allegheney nearer to the English !?ettlements, and that such a Treaty becomes now the more necessary, because 'tis several years since any of those Nations have visited us, and no opportunity ought to be lost of cultivating «fc improving the Friendship which has always subsisted between this Government t^- them. After which he observed to the Board that such frequent Com- plaints of late had been made of the Abuses committed by carrying large Quantities of Rum amongst the Indians, that it would be ne- cessary for the Legislature to take the same into their Consideran., & to provide a Remedy to so great an Evil ; That to this pernicious Liquor a late unhappy Accident in the Chief Family ofour Delaware Indians had been in a great measure owing, vizt : the Death of Shack- atawlin whom Sassoonan, his Uncle, had in a fitt of Drunkeness Killed. The Board upon mature Consideration hereof, were unanimously of Opinion that a Treaty with the five Nations is absolutely necessa- ry, and that it should be recommended to the House to m;d{e proper Provision for defraying the Charges thereof, and likewise to prevent the Abuses committed by carrying Rum amongst the Indians: But because it may be inconvenient in several Respects to have ^those Reasons for entring into a Treaty at this time with the five Nations, made publick, The Clerk of the Council is ordered to represent the same verbally to the House, & to deliver a shorter written Message on this subject, which was drawn up in these Words: " Gentlemen : " Upon some Notices I have lately received, the Import of which " will be now verbally communicated to the House, you will I be- " lieve, clearly see the Necessity of entring into some further Trea- " ties with the five Nations of Indians, whose Friendship is well " known to be of the highest Importance to the Peace & Security of " these Countries- And I must further add, that a most unfortunate " late Accident in the Chief Family of our late Delaware Indians, " by means of that pernicious Liquor, Rum, and the Abuses these " poor People suffer by its being carried to them in large Quantities " under the pretence of Trade, call also for a Redress, which at " this time becomes the more necessary, because by a due Provision " of this kind, our Treaties with them will be much facilitated «fe " strengthned." Esq'rs. 430 MINUTES OF THE MEMORANDUM. On the News of Shakatawlin's Death, ^ that Sassoonan's Griel for the unhappy Accident was so great that it was like to cost him his Life, I'he Governor sent a Message desiring Sassoonan to come to Philadelphia, who came accordingly, <^ the Governor being ac- quainted therewith, A Louncil was held at Philadia., Augt. 12th, 1731. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Govr. James Logan, Samuel Preston, Isaac Norris, Thomas Laurence. PRESENT ALSO : Sassoonan or Allummapees, King of the Delawares. Shekallamy, sent by the five Nations to preside over ye Shawanese. Peasquitoman, a Relation of Sassoonan's. Edmund Cartlidge, "| & Y Interpreters. James Scull, J The Governor by the Interpreters, spoke to Sassoonan in these Words : " Brother Sassoonan : " When we first heard of the unhappy Death of our Friend Sam " Sliakatawlin, we wereexcecdingly grieved for it. AVe heard also, at " the same time, that you were so much aflicted for his Lobs that you " forbore taking necessary Food, t^- that after we had lost two very good " Friends, Opekasset ^ him, we were in danger of losing you also. " To prevent this you were sent for, that we might take care of you " and preserve your Life, that you might still remain longer amongst " us & continue to preserve Peace, which we understood was always " your Inclination. But you ought to goe in mourning for him, and " I have ordered a Coat for you for that Purpose. " Brethren : " This unhappy Accident I understand, was owing to that perni- " cious Liquor, Rum, which has too often occasioned Mischief be- " fore, <^ I have received divers Complaints of its being carried in " Quantities amongst you. We have made many good Laws to " prevent this, but you are so fond of it yourselves that you will find " means to procure it. I now desire to know fully your minds " who are here upon that head, & what measures you would have " taken to regulate this Affair ; and if you will observe on your Parts " what shall be agreed on, I shall Endeavour the same shall be ob- " served on ours." PROVINCIAL COUNCIL. 431 Sassoonan, by the said Interpreters, answered the Governor in Words to this EHect : That he understands very well what has been now spoke to him, and that he came hither on purpose to hear what the Governor had to say. That when he Killed his Cousin he lamented and grieved sorely for it & refused any Nourishment, but that on the Receipt of the Letter that was wrote to him from hence, he has come hither & ta- ken Food to keep himself alive, & it gives him great Comfort to hear now, from the Mouth of his Brother, the Words that have been spoke. That he is very sorry for his two Cousins, (Opekasset& Shacka- tawliri) who are dead ; notwithstanding which, he says that he will still hold fast by that wch is good & not depart from it ; And that he is glad that Shekellamy, who is of the five Nations, is now present & hears what is said, for that they, the five Nations, all his People and the English are as one. That it is very true the Indians have made frequent Complaints of Rum being brought amongst them in Large Quantities, &l that they theiTfiselve.s have too great a liking for it; But that of late very large Quantities are carried every where amongst thom; that many Horse- loads of it pass by his Door, & it all comes from Philadelphia, and that he cannot understand why such Quantities should be sent up. Sassoonan being then asked whether it was not his Desire that an entire Stop should be putt to the sending up of Rum amongst the Indians, Answered ; That there was lately a great Council of the five Nations &. Mohocks, where he understands it was agreed that the white People should not be suffered to bring any Rum amongst them, & that if an Indian wanted any he should goe to the white People and bring it himself That there is not so much Danger to be apprehended from the Quantities that the Incfians themselves rnay bring in this miinner, as from the great quantities that are brought aiBongst them by the while People, and his Desire is that no Rum should be suffered to be carried amongst them by the English, but that if any Indians want it, they should come to Philadelphia for it. That he looks upon all the English & the Indians to be as one People, closely united & joyned together, (^' 'tis to be feared by means oi' Rum Quarrels may happen between them & JMurlher ensue, which may tend to dissolve that Union & loosen the Tye between both. The Governor then told Sassoonan that he was well pleased with his Answer, Erq'rs., Members of Council. Derick Jansen, Esqr., one of His Majties Justices of Peace for the County of Philadelphia. A List was presented of the Names of One hundred & six Palatines, who with their Families, making in all Two hundred & sixty nine Persons, were imported here in the Ship Britannia, of London, Mi- •chael Franklyn, Mr., from Rotterdam, but last from Cowes, as by Clearance from that Port. The Master being Examined said he had no particular License for their Transportation. They were then called in, & having declared that their Intentions were to settle & live Peaceably in this Province, the several persons whose Names are subjoyned, did repeat and sign the Declaration inserted in the Minute of the 21st of Septr., 1727, & likewise took & subscribed the Declaration of Fidelity & Abjuration. Johannes Bartholomay Rieger. Hans Michael Willhelm, Louis Timothee, Geles Gelesen, Gisbertus Boors, Johannes Boors, Jacob Swenkoel, Henric Geber, Johannes Geber, Johan Hemic Geber, Jacob Ritsch, Lucas Vetter, David Vetter, Johannes Alberts, Abraham Allshousen, Johan Henrick Bahn, Hans Michael Blatnert, Veith Bruninger, Johan Jacob Beyer, Johan Adam Beyer, Henric Blicker, Leonard Bock, Hans Boshung, Hans George Ebert, Hans Michael Ebert, Johannes Eshleman, Johannes Agender, Johannes Frey, Hans Michael Deibellbissin, Hans George Deibellbissic, Joseph Beyer, Hans Georg Gunt, Hans Georg Friedle, Jacob Gunt, Hans Peter Garner, Hans Michael Henninger, Rudolph Holsinger, Hans Leonard Haltzarfall^ Erasmus Haltzarfall, Henric Herbertz, Jacob Hachman, Johan Heistand, Michael Horsch, Daniel Hubert, Christian Hubert, Jacob Carl, Ulrick Keyser, Henrick Kram, Nicolas Kennell, Jacob Kobell, Abraham Kern, George Dietric Kohl, Johannes Kirkner, Gottfried KrafFt, Valentine Klain, Wilhelm Kerkes, Wendel LautermilcHt. 4l€Z MINUTES OF THE Christopher Lehman, Johan Philip Lutz. Hans Peter Lederman, Michael Meyer, Hans Jacob Menta, Jacob Meyer, Christofall Meyer, Johan Thomas Meyer, Hans Hen rick Martin, Jacob Mier, Michel Moths, Johan Casper Muntz, Christian MuUer, Herman Muller, Mathias Nehs, Johan Nehs, Dewald Nehs, Hans Georg NehSy Mathias Nehs, junr., Georg Passage, Gabriel Roscher, Johannes Roth, Jacob Rohr, Johan Adam Ruppert, Leonart Steininger,. Michel Nehs, Hans Georg Muller, Johan Leonard Bihimeir, Johan Martin Sakreider, Johan Michel Schrotner,, Michel Stocker, Georg Wilhelm Schwartz?,, Henric Lutwig Schwartz, Johan Adam Schroter^ Valentine Siegmund, Jacob Sumaker, Johannes Smiedt, Christofall Trubar, Hans Vogjer, Leonard Virohn, Oswald Wald, Hans Martin Wetzell, Georg Wanamaker, Johan Jacob Weynandj, Casper Weis, Jacob Wirtz, Jacob Nehs, 24th September, 173L MEMORANDUM : The Governor, by and with the Advice of some Gentlemen of his Council, this day issued a Commission to Thomas Watson of the County of Bucks, Esqr., appointing him to be the Officer in that County, for putting in Force a Law of this Province for regukting Weights & Measures. At a Council held at Philadia., October 4th, 1731. PRESENT : The Honble PATRICK GORDON, Esqr., Lt. Govr. Isaac Norris, Clemt. Plumsted. Samuel Preston, Ralph Asheton. Returns from the several Counties of the Province & from the County of Newcastle, of Persons elected for Sherifs & Coroners the ensuing year, were laid before the Board, with whose Approba- tion the Governor named the Persons following to fill those Offices : > Esq'rs. PROVINCIAL COUNCIL. 443 For the City «5* County of Philadelphia. Charles Read d^ James Bingham being returned for Sherifs, & Owen Owen & John Rob- erts for Coroners, Charles Read is appointed Sherif, & Owen Owen Coroner. For the County of Bucks. John Hart and Isaac Penington being returned for Sherifs, & Willm. Atkinson & Jonathan Wolston for Coroners, Isaac Penington is appointed Sherif & Wm. Atkinson Coroner. For the County of Cheater. John Owen & William Smith being returned for Sherifs, & John Wharton & Benjamin Davis for Cor- oners, John Owen is appointed Sherif & John Wharton Coroner. For the County of Lancaster. John Galbraith & David Jones being returned for Sherifs, & Joshua Lowe & Edward Smout for Coroners, John Galbraith is appointed Sheriff Joshua Lowe Coro- ners. For the County of Newcastle. John Gooding &; Henry Newton being returned for Sherifs, <$• Abraham Gooding & Robert Robertson for Coroners, Jno. Gooding is appointed Sherif & Robert Robertson Coroner. And Commissions were Ordered to be issued accordingly ; the Sherifs Giving Security as the Law directs. October 6th, Out of Council. Returns from the Counties of Kent & Sussex being laid before His Honr., the Nomination was thus : For the County of Kent. John Hall & Thomas Tarrent being returned for Sherifs, & Samuel Berry & Nicholas Loockerman for Coroners, John Hall is appted. Sherif & Nicholas Loockerman Cor- oner. For the County of Sussex. Simon Kollock ^ James Finwick being Returned for Sherifs, & Cornelius Wiltbank & John Clowes for Coroners, Simon Kollock is appointed Sherif & John Clowes Coroner. And Commissns. are ordered to be issued accordingly. At the Courtho. of Philadia., Octobr. 14th, 1731. PRESENT : The honble PATRICK GORDON, Esqr., Lt. Govr. Clement Plumsted, ? -c. , n/i i m -i Ralph Asheton. 5 ^^^i'^" Members of Council. Thomas Griffits, Esqr., one of His Majesty's Justices of the Peace for the City of Philadelphia. 4H MINUTES OF THE A List was presented of the Names of Thirty three Palatines, who with their Families, making in ail Seventy eight Persons, were imported in the Snow Louther, Joseph Fisher, Master, from Rot- terdam, but last from Dover, as by Clearance from that Port. The Master being Examined, said he had no particular License for their Transportation. They were then called in, & having declared that their Intentions were to settle & live Peaceably in this Province, the several Persons whose Names are subjoyned, did repeat ^ sign the Declaration inserted in the Minute of the 21st of Septemr,, 1727, and likewise took &, subscribed the Declaration of Fidelity &, Abju- ration : Gottfried Lehman, Philip Kintz, Johan Christian Lehman, Dorst Hooste, Jacob Michol, Hans Reeche, Jacob Keesey, Anthony Bankauf, John Vendal Keesey, Jehan Nicolas Smiet, Hans Jacob Brunner, Johannes Ulrick, Hans Bonun, Johannes Conrad Frank, Johann Matthias Cramer, Jacob Snively, Hans Georg Haunrig, Christopher Newbert, Philip Pieter Visenant, Joseph Christop. Bauman, Johan Pieter Visenant, Christian Ernest Hagenmuller, Henrick Hovervass, Dorts Bowman, Philip Eckford, Hans Philip Ulrick, Ulrick Michal, Caspar Bectar, Jacob Holtzinger, George Scholltz, Christopher Omborn, Daniel Veisiger, Melchior Hey don, OCTOBER 15th. The Reprnsentatives of the Freemen of this Province Elected the 1st instant, having mett yesterday in Assembly, pursuant to the Proprietor's Charter of Privileges, and the Lavv in that Cas^ made and provided, and having proceeded to the Choice of a Speaker, noti- fied the same by a Message to the Governor last night, and desired to know when he would be pleased to receive them that they may pre- sent their Speaker. And His Honour having named ten a clock this forenoon for that Purpose the House waited on the Governor accord- ingly, to whom Andrew Hamihon, Esqr., addressing himself said, that the House having thought fitt to chuse him their Speaker, he was now before His Honour for his Approbation. The Governor having approved of the House's Choice, the Speaker in their Name made the usual Request for the Freedom of Speech ; Access to the Governor's Person, Protection during the accustomed time of Privi- lege, &;c., which the Governor having promised, the House with- drew. E. [.Esq'rs. PROVINCIAL COUNCIL. 445 At a Council held at Philadia, the 12th Novr., 1731. PRESENT : The Honourable PATRICK GORDON, Esqr., Lt. Governor. James Logan, Thomas Laurence, Isaac Norris, Samuel Hasell, Clement Plumtsed, Ralph Asshelon. The Governor acquainted the Board, that by the Ship from Lon- don which arrived yesterday, he had received a Letter from Mr. Paris the Agent for this Province, giving Account that the Sugar Islands were making great preparations for renewing, next Session of Par- liament, their Application to obtain an Act for restraining the Trade ol these Northern Colonies ; That Petitions were coming from the Governor, Council and Assembly of each Island, to give their Ap- plication the greater Weight ; that it would be necessary the Oppo- sition should be made in the like manner, and therefore desiring that Petitions from Hence to His Majesty and both Houses of Parliament should be with all speed transmitted, together with full Instructions to himself; That the Act for establishing Courts of Judicature, pass- ed here in the year 1727, had after a long Consideration of it before the Lords of Trade & Committee of Council, been repealed. The Governor then observing that both these matters were of the greatest Consequences to the whole Province, &, required the imme- diate Consideration of the Legislature, desired the Advice of the Board whether it would not be proper forthwith to call the Assembly, in order to lay these important Affairs before them. The Board being unanimously of Opinion that the Speedy meet- ing of the Assembly for this purpose is absolutely necessary, IT IS ORDERED that Writts forthwith issue, requiring them to meet at Philadelphia, the twenty second day of this instant, Novem- ber. E. NOVEMBER 23d. The House of Representatives having melt last night, in pursu- ance of the Writts issued, notified the same to the Governor, who directed a Council to be Summoned to meet this morning, in order to lay before them a Speech which he intended to make the House, and likewise the Advices which he had received from the President of His Majesty's Council of Now York, touching thblncroachments of the French on that Government and the Erecting Fortifications in the Neighbourhood of Albany, with the Examination of Two Indian Traders taken here, relating to to the Practices of the French, in endeavouring to gain over to their Interest several Nations of 446 MINUTES OF THE Indians now in League with (he English, of which His Honour had thought proper to take Notice in his said Speech, But a Quorum of the Council not meeting at the appointed time, The House was sent for, & the Governor spoke to them as follows : " Gent'emen : " It is not without some uneasiness to me, that on the Receipt of " certain Letters from our Agent by the last Ship from Britain, I *' found myself under a Necessity of calling vou together before " the .Day to which you stood adjourned ; Those parts of them which " have any Relation to our Publick Affairs I now lay before you, by *' which you will find that the Sugar Islands are preparing to renew, *' and more vigorously than ever, carry on their Attack against the " Trade of these Northern Colonies, in a Branch of it, in which tho' " we are not immediately and directly so deeply concerned as some *' others, yet if fhey are abridged of Vending their Flour in those " Channels, and confined only to such as this Province has generally " traffick'd in, it will in the Consequence no less nearly afiect our *' Trade in that Commodity than it will theirs, and all who depend *' on that Manufacture will be Equally Sufferers. I was therefore " unwilling that after I had notice thereof, one Day should be lost ** in giving you an Opportunity of considering what further Meas- " ures were proper to be entred into by this Government, in order " to prevent if possible, so severe a Blow to the Trade of this Place, " and such a heavy Discouragement to the industrious Farmer, by " wliose Labours grain is raised. " The Repeal also of our last Law for establishing Courts of Judi- " cature, obtained by the Endeavours of some Persons on pretence '* that it is prejudicial to His Majesty's Interest, (of which, tho' it is ** not notified to me in form, I have notwithstanding certain Advice,) " may deserve your Consideration. Yet as by that Repeal the for- " mer Law, pass'd in the Year 1722 for the like purpose, comes *' again in force, the Inconveniency I hope will be the less ; the *' greatest is the Charge that you will find hath attended the Defence '' of it, which tho' greater than we could have wished, had been in- " curred on that Occasion, yet as the Pains that have been taken " in that Defence give a manifest proof of the Care and Vigilance " of our Agent, in supporting the Rights of the Freemen of this " Province, you will no doubt consider his Services and the Neces- " sity of a further Encouragemet to one in his Station. " The late Encroachments of the French in erecting Fortifications *' so near to Albany, and their incessant Endeavours in practising " on our Indians, to gain them over to their Interest, have deservedly " alarmed our Neighbours, the Province of New York, who have ♦' humbly besought his Majesty's Protection, and from his Royal " Concern for the Ease and Security of all his Subjects, it is to be " hoped effectual Measures may be concerted for putting a timely " stop to such dangerous Attempts in these his Majesty's Dominions. " From what hath been communicated to me on these Heads, and PROVINCIAL COUNCIL. 447 ♦' the Examinations of some of our own Indian Traders lately taken *' before me, you will clearly see the Necessity of turninij your " Thoughts to the Consideration of Indian Affairs, and of providing " by proper Regulations for the Peace and Safety of the Province, ♦' which is too frequently endangered by Persons Settling on Lands *' not yet purchased of the Natives, and the undue Manner in which " our Trade with them for these several Years past has been carried " on. AVe have now large Expectations given us of seeing one of " our Honourable Proprietors here next Spring, who, as they suc- " ceed to the Honours and Estate of their much Esteemed Father, " our late worthy Proprietor, we cannot doubt but they Equally in- " heiit his Virtues and imitate his Example, in their Affection and " Goodwill for this Province, and therefore cannot fail of being " cordially received by all its Inhabitants. " It may be very convenient to proceed at this Meeting to consider " of such other publick Business as may come before you, which " will be an Ease to yourselves and a means of lessening the Pub- " lick Expence." E. Extracts of several Paragraphs of the Agent's Letters, the Ad- vices from New York, & the Examination of two Indian Traders were the same day sent down to the House from the Governor. NOVEMBER 24th. The Governor this day received the following Address from the House : " To the HONOURABLE PATRICK GORDON, ESQUIRE, " Lieut. Governor of the Province of Pennsylvania, &c : " The ADDRESS of the Representatives of the Freemen of the " said Province in General Assembly met. " May it please the Governor : " We are very sensible of the Great Care and Regard the Gov- " ernor has upon all Occasions shewn for the Prosperity of the '' Province of Pennsylvania ; And we esteem the calling us together " at this time and upon this Occasion, and the communicating to us " the Advices from Great Britain, as a fresh Instance of his real " Concern for our Welfare. " We are fully convinced that if such an Act of Parliament as " is pray'd for by the Inhabitants of the Sugar Islands, should pass, " it would be of very ill consequences not only to his Majesty's " Northern Colonies in America, but also to the Trade of Great " Britain itself. And we should be much wanting in our Duty to the " People we represent, did we not lay hold of every Opportunity and " do every thing in our Power, that we can judge may be proper to 448 MINUTES OF THE " prevent the destroying this infant Colony, which the Festraining of " its Trade would effectually do, by that means putting it out of our *< Power to be serviceable to our Selves, or usefyl to our Mother " Country. " We are extremely concerned that their Lordships of the Board *' of Trade were so ill informed of the Intentions of the Legislature " of Pennsylvania, in passing the Act of Assembly for establishing *' Courts of Judicature, or that it should be understood as proceed- *' ing from a want of Duty to the King or Regard to the Persons " employed under him. " The Governor is sensible the Legislature had no other View in " the making that Act, than to give an Opportunity to all Persons " who may have to do with Courts of Justice here, to apply to a <' Superior Judicature for Redress, by way of Appeal or Writt of *' Error, if they conceived themselves aggrieved by the Sentence of " that Court, before whom Judgement was given, which by our Con- " stiluiion no Person can have but by Appeal to Great Britain, if the " Supreme Court can hold Plea of Causes originally commenced *' there. But upon reading the Papers which the Governor has been " pleased to communicate to us touchingthe Repeal of the said Law, *' and the Methods that have been taken to obtain it. We cannot help " saying that so much of the Representation made to the King as " insinuates the Partiality of our Inferiour Courts of Justice, or that *' the said Act was gained by the undue Influence of particular Per- " sons, on the Governor and the General Assembly of this Province, *' is false and scandalous, and that the Authpr studied rather to re- *' commend himself by such Suggestions, than to do His Majesty any " real Service. " We are well satisfied of the care and diligence of our Agent, *' and shall not be wanting to give such Encouragement as his Ser- «' vices deserve and our Circumstances will admitt. But we observe " with Concern that the Expenses arising upon the Solicitation of *' our Affairs in England this last year, which are now to be discharg- *' ed, have far exceeded any thing of this kind that hath hapned to '' this Province heretofore. " We cannot be without just Apprehension of the daily Encroach " ments of the French, as well upon our own Frontiers, and our In- " dians, as those of our neighbouring Colonies. This Oanger now " seems very eminent, and tho' we have not the means in our hands " to prevent it, yet we esteem it our Duly to do every thing in Pow- " er to give our Superiors a true Information of the ill State of the <« Northern Colonies in general, and of the Subjects of the Crown «' of Great Britain inhabiting the Province of Pennsylvania in par- «' ticular, from the late bold Attempts of our two nigh Neighbours, •' the French, whose Assiduity even n>w in Time of Peace, in ma- «' kin. the Six Na- tions, and to Conrad VVeyser for coming hither with him from TuU pachockin. It is ORDERED that Ten pounds be given Shekellamy, or the Value thereof, in such Goods as he shall seem most desirous to have, and forty Shillings to Conrad Weyser, the Interpreter. E. JANUARY 18th. The House of Representatives having mett on the 10th instant pursuant to their Adjournment, &; notified the same to the Governor, the following verball Message was this day brought by four Mem- bers. That the Creek commonly called Cobb's Creek, being the Bounds or Limits of the Counties of Philadelphia S," Chester, is oftentimes very ditficult & dangerous to be crossed ; Wherefore the House re- quest the Governor that he would be pleased, with the Concurrence of his Council, to give proper Directions for the Building a Bridge 454 MINUTES OF THE over the said Creek, pursuant to an Act of General Assembly of this Province in Cases of the like Nature provided. The Governor answered : That he would advise with his Council and do whatever is in his Power to answer the Request of the house. E. At a Council held at Philadelphia, Janr. I9th, 1731. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence, > ^ , Clenr.ent Plumsted, Samuel Hasell. 3 " Two Bills sent up from the House were read, Entituled AN ACT for repealing An Act Entituled an Act for continuing the Encouragement for raising of good Hemp within this Province. AN ACT directing the manner of Payment of Assembly Men's Wages : The first was agreed to without Amendment & ordered to be re- turned but some Debate arising touching the other, the Consideration thereof was deferred till to morrow. A verbal Message was brought the Governor by two Members of the House: That in Regard of its Thinness, occasioned by the prevailing Dis- temper of the small Pox, and that no Business of great Moment now lies before them, they are inclineable with the Governor's Approba- tion to adjourn to August next ; But that in Case of any Emergency they shall be ready to meet the Governor when he shall see good to convene them. The Governor answered : That considering the present Situation of the House, he would not object to their Adjournment. E. At a Council held at Philadelphia, January 20th, 1731. present: The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, ~\ Clement Plumsted, >Esquires« Thomas Laurence, J PROVINCIAL COUNCIL. 455 The Bill directing the manner of Payment of Assembly Men's Wa- ges was again had under Consideration, and after some time spent thereon, the following Message was drawn up, and being sign'd by the Governor was ordered to be carried down to the House with the the Bill : GENTLEMEN : The Bill directing the manner of Payment of Assembly Men's Wages which is herewith returned, has been fully considered by me in Council. And as the Method thereby proposed deviates so much from the Practice which has hitherto been in Use in this Government, and as yet obtains in most of those in our Neighbourhood, & Seems to be an Innovation in the Constitution, many strong Objections have been raised against the Bill. But inasmuch as the Term of its Du- ration is but short, and the Fund it is Supposed may be sufficient for that time to answer this Service and the other Exigencies of Govern- ment, I have agreed to pass the same upon this Special Condition, that it shall not be drawn into a Precedent for the future, but at the Expiration of the three years limited in the Bill, the Act for raising County Levies shall in all its parts effectually take place, according to the Amendment herewith proposed, and that this Declaration stand on the Minutes of the House. E. The Same Day, P. M. A Message being brought to the Governor by two Members of the House, desiring to know when he would be pleased to receive them, in order to pass into a Law the Bill for repealing the Act al- lowing a Bounty on Hemp, which had been sent down without Amend- ment, His Honour named 3 a clock this afternoon for this Purpose. And the whole House attending accordingly, their Speaker deliv- ered to the Governor an Order on the Trustees of the General Loan Office of this Province, for seven hundred and fifty pounds in part of the Support for the current Year, and then presenting the Bill last mentioned, the same was passed into a Law of this Province & a Warrant issued for affixing the Great Seal thereto. The Speaker then acquainted the Governor that the Message from His Honour had given great Uneasiness to the House as charging them with Innovations ; that being unwilling to enter into a Contest they had for the present laid aside the Bill, and had directed him to desire of his Honour that he would order the said Message not to be Entred on the Minutes of Council. The Governor answered that as he conceived he had an undoubted Right to offer Amendments and make Propositions on any Bill that should Come before him, he had done so in the present Case ; that 456 MINUTES OF THE he was sorry the House had thought fitt to take Offence at some Words in the Message, but as to ordering the same not to be entered in the Council Books he must Consider of it. After which he spoke lO the House as follows : " Gentlemen : " I return you my hearty thanks for what you have now thought " fitt to order towards Support of Government. And as your pres- *' ent Session, by reason of the Thinness of your House, occasioned by " the Distemper still prevailing as J understand in many parts of the " Country, is so very short that divers Affairs of Importance to the " Publick that would require your Attendance must be deferr'd, I am " to put you in mind that there will be an absolute necessity for your " Meeting again at some convenient time this year to proceed on '• those Affairs, and particularly, I must observe that what I recom- " mended to you at your first Meetins, when I laid before you the " Advices I had received from the Government of New York, with " some other Papers touching the late Attempts and Incroachments " of our Neighbours, the French, both on that and this Province, " will demand your most serious Application, on which Head I " should have said more at this Meeting, but that expecting fuller " Accounts of our Intended Treaty with the Five Nations in the *' Spring, and other more certain Advices than I have yet received " from the Western parts of the Province, I have chosen to defer it " till we can be more perfectly informed of those pioceedings. In " the mean time I shall not be wanting in my Duty to inform His " Sacred Majesty by his Ministry, of the said Attempts, that proper " Measures may be taken for the Security of these His Majesty's " Dominions." E. At a Council held at Philadelphia, the 4th May, 1732. present: The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Samuel Hasell, Samuel Preston, Ralph Asheton. Clement Plumsted, The Governor having communicated to the Board the Message from the House of the 18th of January last, touching the Building a Bridge over Cobb's Creek, and having desired the Advice of the Council therein. It is the Opinion of the Board that Saml. Powell of Philadelphia, & Samuel Levis of Chester County, may be proper Persons to undertake that Work ; and they are appointed (.Esq'r PROVINCIAL COUNCIL. 457 to fix on the most convenient place for erecting the said Bridge, to treat with the Workmen and compute the Cost, and to make Report thereof to this Board. E. At the Courthouse of Philadelphia, May 15th, 1732, PRESENT : The Honourable the Governor, With Severals of the Magistrates. Thirteen Palatines, who with their Families, making in all Persons, were imported here in the Ship Norris, Thomas Lloyd, Mar., from Boston, did this day take & Subscribe the Effect of the Oaths of Allegiance, Supremacy & Abjuration; and likewise did repeat and Sign the Declaration inserted in the Minute of the 21st September, 1727. Casper Shirch, Johannes Behn, Marting Osiner, Christian Kininger, Mathias Weber, Johnnnes Herman, Johan Philip Weber, Valentine Westheber, Johan Herb Minicher, Johan George Libenstein, Johan Michael Sigmund, Michael Anderras. Johan Ditrich Yungman, At a Council held at Philadelphia, May. 15th, 1732. P. M. PRESENT ; The Honourable PATRICK GORDON, Esqr., Lt. Governor. Isaac Norris, Thomas Laurence, > p , Clement Plumsted, Ralph Assheton, 5 A Report of the Justices appointed to deliver the Goal of the County of Lancaster was read in these Words : " To the Honourable Patrick Gordon, Esquire, Lieut. Governor " of Pennsylvania, dec. " Pursuant to His Majesty's Special Commission of Oyer and " Terminer & General Goal Delivery for the County of Lancaster, *« to us directed, We do humbly certify your Honour, that a Court " was held at Lancaster on the third and fourth days of this instant, " May, where Margaret Shitts was indicted &; convicted of conceal- " ing the Birth and Burial of a Bastard Child, born of her, till i ^* was afterwards found out ; & Peter Harp was likewise indicted & 458 MINUTES OF THE " convicted of aiding & abetting the said Margaret in the Felony '* aforesaid, for which they have received Sentence of Death accord- " ing to Law. But it not appearing to us on the Tryal but that the " Child might have been born dead, We beg Leave to recommend " these uahappy Persons to your Honour's Clemency. " We do likewise Certify, your Honour, that James Hendricks, " Peter Sware & Christian Nisewanger were indicted, and by their " own Confession found guilty of Homicide by Chance medley, and " the Law in those Cases entitulicg them to flis Majesty's Pardon, " We have directed them to make humble Application to your Hon- " our for the same. *^a. hamilton, " jp:r. langhorne. « THO. GR^ME. *« Philadia., May 10th, 1732." A Petition was afterwards read, Signed by Sixty three Germans, humbly recommending to the Governor's Clemency the aforesaid Peter Harp and Margaret Shitts, & His Honour desiring to be herein advised by his Council, The Board are of Opinion, that in the present Case Mercy should be shown to these unhappy Persons, Sl it is left to the Governor to> direct the properest Manner of doing the same. E. At a Council held at Philadelphia, June 22d, 1732. PKESENT : The Honourable PATRICK GORDON, Esqr., Lt. Go'/^rnor. James Logan, Thomas Laurence, ? ^ Isaac Norris, Samuel Hasell. 5 ^q^i^esw Present also, by Order of the Governor : Charles Read, Esquire, Sherif of the City & County of Philadia. An humble Application having been made to the Court of Quar- ter Sessions, lately held for the County of Philadelphia, by the Per- sons under Sentence of Death for Pyracy, now lying in the Goal of this City, setting forth their miserable Condition, and that they are so destitute of all manner of Cloathing that they have not where- withal to keep themselves clean, or even to cover their Nakedness, & therefore praying that a small Supply of Cloaths may be ordered for them, which Application being by the Justices of the said Court, thought more proper for the Cognizance of the Governor & Council, and the same being now considered. The Board are of Opinion that some Cloathing fitt for the Heat of the Weather be provided for them, PROVINCIAL COUNCIL. 459 and that to each there be given a couple of Shirts, a Jackett & two pair of Trowsers of Oznabrigs, and 'tis Recommended to the Sherif to order the same, and to lay an Account thereof before this Board. E. At a Council held at Philadelphia, Aug. 9th, 1732. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence. ? p uires Clement Pumsted, Samuel Hasell. ^ ^ A Bill sent up from the House was read, Entitutled AN ACT di- recting the Manner of Payment of Assembly Men's Wages. It was observed that at the last meeting of the Assembly, a Bill of the like Nature had been sent up, which had been largely spoke to, & a Message touching the same had been sent to the House, which re- maining on the Minutes of this Board, It is ordered that the Bill be returned, with a Verbal Message to this Effect : That tho' the Governor, for the Reasons formerly given, still appre- hends some Inconveniences from the discharging the Wages of As- sembly Men in the Manner proposed by the Bill, yet since it is to continue for three years only, and the House appears so very de- sirous of it, he is willing they should experience its Success for this time. The Report of Samuel Powell &; Samuel Levis, in pursuance of an Order of this Board of the 4th of May last, was then read in these Words : " We, the Subscribers, being appointed by the Honble the Gov- " ernor in Council, to View the most convenient Place for erecting " a Bridge over Cobb's Creek, and to compute the Cost thereof, & " Agree with Workmen for building the same : " In pursuance of the said Order of Council, we have agreed on " a place, (as we Judge,) the most proper for that Purpose, being a " little above the King's Road, which must necessarily be shifted, so " as to lead across a Corner of Land belonging to Obadiah John- " son, on the East Side, & through a field of Edmund Williams', on " the West side of the said Creek, in order to make the Road strait " to Darbytown, which we pray may be ascertained by Authority, " the better to enable us to Compute the Cost and agree with Work- " men for the same. All which is humbly submitted to the Judge- " ment of the Honble the Governor and Council. " SAML. POWELL. " SAML. LEVIS, JUNR." 460 MINUTES OF THE An Imperfect Calculation of the Charge was likewise laid before the Board. The Consideration of which Report & Calculation was deferred till the Conntnissioners for the Counties of Philadelphia & Chester should be spoke with on the Subject. £. At the Courthouse of Philadelphia, Aug. 11th, 1732. PRESENT : The Honourable the Governor, With the Mayor of the City & Other Magistrates. A List was Presented of the Names of One Hundred and six Palatines, who with their Families, making in all about Two hundred and Seventy nine Persons, were imported here in the Ship Samuel, of London, Hugh Piercy, Master, from Rotterdam, but last from Cowes, as by the Clearance of the Officers of the Customs there. The Master having been examined and these Forreigners having declared their Intentions of settling in this Province, & living peace- ably therein, the Persons whose Names are Subjoined took & sub- scribed the Effect of the Oaths of Allegiance, Supremacy, &c., and likewise did repeat & Sign the Declaration directed by Order of Council of the 21st of Septr., 1727- Martin Gerhard, John Bendler, Johan George Nungeser, Nicolas Corber, George Philip Windermuth, Lorentz Knochel, Hans Jacob Breckly, Christopher Breckly, Mathias Breckly, Ulrick Breckly, Samuel Brand, John Heneberger, Michael Dierstein, Henrick Ebby, Johan Jacob Belerth, Gottfrid Staal, Hans George Klingman, Michael George, Jacob Oberholzer, Hans Mosiman, Peter Wetzstain, Johan Adam Anderas, Christain Frants, Christain Frants, Jun., Frederick Keiffer, Jacob Crist, Samuel Scheer, Jacob Fleiser, Leonhard Deebler, George Deebler, Oswald Hosteller, George Bender, John Lentz, John Brechbil, Jacob Stauft'er, Johan Nicolas Strass*, Hans George Goedke. Johan Leond. Keffer, Mardin Weigall, Fredrick Mulchslager, Michael Kreider, Johannes Miller, PROVINCIAL COUNCIL. 461 Christian Bendler, Henrick Ramsaur, Hans Adam Nai^, Julius Dehr, Johan George Glasbrenner, Johan Sebalt Schremer, Wendal Brechbeil, Johan George Kleinhans, Hans Wendell Hoill, Wilhelm Bergemer, Christian Bury, Andreas Muller, Andreas Stantzenberger, Johannes Ulrick, Johan Peter Hailraan, Christian Geeman, Benedict Geeman, Johan Leonhard Zeigler, Johan Fredrick Shilz, Johan Philip Shitz, Peter Baltsbach, Jacob Kneehler, Martin Biller, Johan Jacob Erdman, George Lodwig Hornisch, Jacob KeifTer, Casper Wartman, Jorich Klingman, Jacob Gutt, Ulrich Burckholter, Paulus Boger, Johan Philip Boger, E. Hans Carl Balsner, Christain Balsner, Fridrick AldorfFer, Anastasius Uller, Johannes Ziger, Hans Jerig Steyer, Jerig Heyl, Peter Stay, Wendel Berndheisel, Johan Berndheisel, Hans Michl. Bumgartner, John Bumgartner, Jacob Albrich, Fredrick Hartman, Wendal Gerlach, John Helfurt, Jacob Weyes, Ulrich Fisheir, Henrich Berret, Peter Shellenburger, Jacob Gochnauer, Christian Gochnauer, Peter Frith, Andreas Shetler, Hans Jerig Quickie, Carl Seyl, Wendel Werbel, Philip Werbel, Augustmus Wendel, Peter Schneider, Elias Meyer, Adam Hillegas. At a Council held at Philadia., the same day in ye afternoon. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Isaac Norris, A Bill sent up from the House was read, Entituled, A Supplementary ACT for raising County Rates and Levies ; Which being agreed to without Amendment, was ordered to be returned to the House. Ralph Asheton, Samuel Hasell. I Esq'rs. 462 MINUTES OF THE The Governor just receiving by Express, a Letter fronn the Hon- ourable Thomas Penn, Esquire, one of our Proprietaries, dated this afternoon at Chester, where he had landed, communicated the same to the Board, who expressing their great Satisfaction with so welcome News, the Governor was desired to cause Notice thereof to be given to the House now sitting : Which being done, The Governor directed his Secretary to repair immediately to Chester, with his and the Board's Compliments of Congratulation to our Proprietary on his safe Arrival, & to acquaint him that to morrow morning they would in Person, pay their Respects to him at that Place, & wait on him to town. E. AUGUST 12th. The Governor and all the Members of Council who were able to travel, accompanied with a very large Number of Gentlemen, Setting out this morning for Chester, waited on the Honourable the Proprietary and paid him their Compliments. After Dinner the Pro- prietary with his Company, now grown very numerous. Sett out for Philadelphia, near to which place he was mett by the Mayor, Recor- der and Aldermen, with a great Body of People. The Recorder, in the Name of the Mayor & Commonalty of the said City, made an handsome congratulatory Speech, which the Proprietor answered in very obliging Terms, and then proceeding forwards he came to the Governor's House in the Evening. E. At a Council held at Philadelphia, Augt. 15th, 1732. PRESENT : The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Ralph Assheton, ? p, , Thomas Laurence, Samuel Hasell. 5 The Speaker with the House of Representatives, waited on the Honourable the Proprietary, and presented him the following Ad- dress : « TO THE HONBLE. THOMAS PENN, Esquire, one of the " Proprietors of the Province of Pennsylvania. PROVINCIAL COUNCIL. 463 " THE HUMBLE ADDRESS of the Representatives of the " Freemen of the said Province in General Assembly met : " May it please our Honourable Proprietor, " At the same time that we acknowledge the Goodness of divine " Providence in thy Preservation, we do most sincerely congratulate " thee upon thy safe Arrival into* the Province of Pennsylvania. " Our long and ardent Desires to see one of our Honourable Pro- *' prietors amongst us, are now fulfilled, and it is with Pleasure we *' can say, thou art Arrived at a Time when the Government is in " perfect Tranquility, and that thei-e seems to be no Emulation " amongst us, but who shall by a peaceable and dutiful Behaviour, " give the best Proof of the Sense they have of the Blessings de- " rived to us under our late honourable Proprietor, your Father, " whose Goodness to his People deserves ever to be remembred with " Gratitude. Be pleased to accept of our best Wishes for thy " Health and Prosperity, and give us leave to say, as no Discourage- " ments nor any Artifices of ill Men have hitherto been able to deter " the good People of Pennsylvania from a firm Adherence to your *' Honourable Family, so we shall always, to the utmost of our " Power, support & maintain that Government under which we do *' with all Gratitude, acknowledge we enjoy so many valuable Privi- *' leges. " Sign'd by Order of the House. " A. HAMILTON, Speaker." To which the Proprietor gave the following Answer : " I heartily thank the House for their affectionate Address, & as " I look upon the Interest of Pennsylvania & that of my Family to " be inseparable, you may assure yourselves it shall be my study to " pursue those measures which have rendred the Name and Gov- " ernment of Father so gratefull to the good People of this Pro- " vince." The Speaker then presented the two following Bills for the Gover- nor's Assent, together with an Order for the remaining part of the Support for the current year, which said Bills, vizt : AN ACT directing the manner of Payment of Assembly Men's Wages. A SUPPLEMENTARY ACT to the Act for raising County Rates and Levies being passed into Laws of this Province, & a Warrant issued for affixing the Great Seal thereto, the Governor expressed himself to this Effect : That he thanked the House for this fresh Instance of their Care of him, and as it could not but give him the greatest Satisfaction to reflect on the Unanimity with which the Affairs of the Assembly had been transacted, so he flattered himself that each Member would in his respective County, use hia utmost Endeavours to perpetuate 464 MINUTES OF THE the blessings of Peace &; mutual Agreement which are now so visi= ble throughout the whole Province. E. MEM. HIS HONOUR the Lieut. Governor, having received last "Fall, from the President of His Majesty's Council of New York, Several Papers, touching the Encroachments of the French on the Lands of that Government, then raising Fortifications in its Neighbourhood, and some Practices that had been used to draw off several Nations of Indians from the English to the French Interest, A Message ac- company'd with a handsome Present was sent to the Six Nations, inviting some Chiefs of their several Nations to Philadelphia, to con- fer fully on the last of these heads, as is sett forth in the foregoing Minutes. And accordingly, several Chiefs arriving here the 18th of this instant August, they waited on Our Honourable Proprietor & His Honour the Lieut. Governor, & a few days being spent in mu- tual Civilities, and giving the Indians time to refresh themselves after their long Journey, the Treaty began on^the 23d, and E. At a Council held at Philadelphia, August 23d, 1732. PRESENT : The Honourable THOMAS PENN, Esqr. Proprietary. The Honourable PATRICK GORDON, Esqr., Lt. Governor. James Logan, Isaac Norris, Samuel Preston, Samuel Hasell, Thomas Laurence. lEsq'rs. PRESENT, ALSO Chiefs of the Tsanandowas : with Tyoninhogarao, Hetaquantagechty. Tooachtachkout, Sodorarangchese, Totienaro, Owastie, Ananda, Taniayuis, Tuwanagra, Tarachkoros & Atondheydhaw, of that Nation. Tiohogaunda. A Chi^^f of the Cayooges , with Auchsochquaw, Skaieyntis, Tchihachquey, Otangsarraka, of that Nation. n^^.u^ \ '/-> J Chiefs of the Oneidas; with Tachnich- Brother to Carandowana, ! , » . u u . r .u * Q , )>torous, & Anunghchrateney, of that fewataney, als, , ^^^.^^^ Shekallamy. J PROVINCIAL COUNCIL. 465 THE PROPRIETOR, by Conrad VVeyser the Interpreter, spoke to the Indians as rollows: " My Friends & Brethren : " Ii is a great Pleasure to me that after so few days, not more than " Six after my Arrival at Philadelphia, from a Voyage of some thou- " sands of Miles over the Great Sea, I had the good Fortune to meet " my Brethren, the Chiefs of the Five Nations, here. I need not " inform you that when my Father, William Penn, was Sent by the *' Great King of England to bring over large Numbers of his Peo> *' pie to Settle in this Country, he made it his tirst and principal " Care to convince all the Indians inhabiting it, that he came with " a full Design to be their Friend and Benefactor He was not only " just to them, in buying and paying for so much of their Lands as " he then wanted, but in all things he treated them wuh Tenderness " and Affection, he loved them as his Children, he became their " Father. And he entred into the Strictest League of Amity with " them, not only between himself and his People and the Indians " then living, but to continue between his Children &. th,ir " Children and their Posterity to all Generations, 4" for this Purpose " he made with them a Chain of Friendship, to be kept strong and " bright forever. And when his Affairs in England obliged him to *' leave this Country, he gave it strictly in Charge to all his Gov- " ernors and People in Power under him, that they sh luld in the " same manner treat all the Indians as he had done ; That they " should be as Fathers to them, & that all his People should live in " perfect Peace and Brotherhood with all the Indians, asifihey " were of one Blood and of one Body, without disiinction. " I am but young, and having been bred in England could no " see those things with my own Eyes, but I Constantly had Accounta " in writing of all that was done here, as if I ban bnen myself in " the Place, and by reading these over again I now knuw th^m bet- " ter than if I had been present, and uere to be informed by Me- " mory only, so that I can fully speak to them. " Now by these Writings I truly find that my Father's Governors " here, have treated the Indians as my Father had Commanded I hem. *' I find that our People here constantly lived in a true and perfect " Peace, as affectionate Brothers, with the Indians. I find that when " about ten years since, two of our Traders in a Scuffle with one *' of your People, who was angry and to<^, Esqr. Proprietary. The Honourable PATRICK GORDON, Esqr., Lt. Governor. James Logan, Clement Plumsted, Isaac Norris, Thomas Laurence, ) Esq'rs. Samuel Preston, Ralph Assheton. 468 MINUTES OF THE CONRAD WEYSER the Interpreter, who pursuant to the Resolve of yesteidciy, was directed to learn the Sentiments of the Indians touching the manner of their being heard, now attending, was called in, «St said that they had acquainted him it would be more agreeable to their Inclinations to treat at the Governor's house in the way they had begun, but if they are desired to speak in a more publick man- ner ti.ey will not decline it. The Indians were then sent for, who being seated, & several Gen- tlemen of this City admitted to be present. HETAQUANTAGECH- TY the Speaker, first repeating the Substance of what the Proprietor had delivered, said : That the Discourse which they had heard, being Chiefly intended to know of thern how they and the French stand affected towards each other, & how the other Nations of Indians around them are inclined towards them, they are now ready to satisfy their Brother Onas, in these particulars, as far as they know : They say thai during the last War, the French frequently cry'd out to them for Peace, but that they never sued to the French for Peace ; that the Governor of Canada sent many Messages to I hem, Earnestly requesting that they might come and treat with him ; that at first some of the Canyingoe Nation went to him, & then some of two other Nations, but he rei'used to treat with them, till at length many of the Tsanandowa's with some of the other Nations went, who told the French Governor that tho' they putt no great Trust in him or his People, for that they had been frequently deceived by them, & that they had Eat their Flesh, yet they, the five Nations, were not afraid to putt themselves as it were in the Power of their Enemies, by coming to hear what they would propose. That they then told the Governor of Canada, that tho' they had hung on the Kettle yet they would agree to break it, if certain Arti- cles were established between them. That the first Article they required of the French was, that they should send home such of their Nations as were Prisoners amongst them, and that notwithstanding these Prisoners might be inclineable to stay, yet that they should be obliged to return to the Natii n to which they belonged. To which Proposition the French Governor agreed, and gave them a Belt of Wampum in Confirmacon. Upon which they told him they were now to plant a Tree that should take deep Root <^' extend ils'-lf thro' all their Towns, & those of all the Indians in Alliance with them, that having planted the tree they then gave it Leaves, that under the Shadow thereof they & the French might rest Securely & take Council together, that after thus finishing the Tree, they made a deep Hole under it, where they buried their Hatehetts. 'I hat upon each Article the french Governor returned his hearty thanks, and added that for the better Security of this Tree, he would PROVINCIAL COUNCIL. 4*9 add a Top to it, that should reach up to the Heavens, that no Wind or Storm might shake or hurt it, &, in Confirmation of his Words gave them a large Belt of Wampum. That .the Governor of Canada then said he would dig a very deep Hole, and therein throw his Hatchetts, that the upper parts should be covered with firm Earth, but the lower part should be Mudd and Water ; that the Water might carry away the Hatchetts so that the same might never again be found, or useil by him or them, his or their Children or Children's Children, to all Generations ; that when the Hole was thus covered up he would build a Town over it, that the Place might never be discovered, but that from thenceforth a lastins Peace should be established between them. Hetaquantagechty then proceeded &, said : That several of the Outawaes who live on the great Lake to tire Westward had been foolish, but that he had sett them to Rights, and convinced them that it is their Interest to trade & deal with the En- glish ; that they not only advised but commanded these Indians not to deal for the future with the French, whose Goods are too dear, but that they should goe to the trading House of Oswegoe, where there is great Plenty of all Sorts of Goods, and buy of the English, who would sell cheaper than the French. That last Fall the French Interpreter, Cahichtodo, came to Ohio River (or Allegeney) to build houses there, & t<> supply the Indians with Goods, which they no sooner understood than they went out to forbid him, telling him that the Lands on Ohio belonged to the Six Nations ; that the French had nothing to do with them, and advised him to go home ; but he, not regarding their Advice proceeded, upon which they sent to the French Governor to complain, but theii Mes- sengers were not returned when they came from home. That they Know nothing certainly of what passed between Cahich- todo and the Shawanese at Ohio. Then presenting some Strings of Wampum, They said, that since their Brother Onas & their Brother the Gov- ernor, had treated and received them so Kindly, & had spoke to them in so friendly a manner, they were highly pleased with the same, and are very willing & desirous that there may be more frequent Opportunities of conferring and discoursing with their Brethren, and that these may be managed by the means of Shekallamy and Conrad Weyser, the Interpreter, That this is all they have to say at present, but as their Brother Onas is wiser than them, he may have some Questions to proj)ose, to which they are ready to answer very freely &, openly. The Proprietor then told them that their Speech was extreamly agreeable to him and he took it very Kindly ; that he would now 470" MINUTES OF THE drink a friendly Glass with them, and afterwards would confer witR them more closely on several Subjects. The Speaker presenting the Proprietor with a fine painted Mantle of dresst Otter skins, putt the same over his Shoulders, August 26tfi. At a private Conference with Tyoninhogarao & the other Chiefs- who were preseat, the Proprietor, Governor, & some JMembers of Cuuncil : They were told we were aaxious for the Welfare of their Nation^ and desire to know how the several other Nations around them stand affected towards them. And first they were asked how the Twech- Iwese (called by the French the Miamis,) & themselves, now stood affected to each other ? They said they were at War with those I'eople while they were at War with the French, but after they had made Peace with the French they concluded one also with the Twechtwese ; that they are now in the strictest Union with them & are as one People. Q. What Numbers of Men may the Twechtwese have? A. They have one town, so large that it is four times as long as one can see at once, and they have two other large Towns, but they know not the Number of their Men j they are a great Nation, and have more People than are in all the City of Philadelphia. Q. What other Nations are they (the Mingoes) in Friendship with^ and what are the Numbers & Strength of such Nations ? A. Their Chief Friends and Allies are the Twechtwey-roona, consisting as has been said of three Towns, the Altoorrratte-roona who have also three Towns ; the Onichkaryago-roona, who have but one town, and the Seysaghe-roona, (roona signifies a Nation or Peo- ple) who have fourteen good Towns. Divers other Nations have also sued to them of kte to come into Alliance with them, 4- they should receive them. All these were under the French, & traded only with them, but now they had opened their Eyes and they would trade only with the English, who used them better ^ sold their Goods cheaper. Q. The French had buried their Hatchett and told them they would build a Town over it. So that it should never be found to be dug up again; But do they think they would not find that Hatchett again upon any new Quarrell? A. The French Priests & others that come amongst them, speak nothing but Peace to them ; but last Winter Onontejo, (or the french Governor,) sent a Message to the Onondagoes, desiring some of them PROVINCIAL COUNCIL. 471 ftocome and speak with him, & they refused ; upon which he sent ^another Message with a large Belt of Wampum, threatning them if ihev did not come to him. Hereupon the Onondagoes sent five of their Teople tD the Governor, asldng him what he wanted with them, and why he had threatned them, telling him that such Treatment was not agreeable to the Peace and Friendship professed betweea them : to which the Governor answered, he had not sent any such Message: the Onondagoes then produced the Belt he had sent, capab'e of affecting it. unless we call back our Traders (rom thence, and hinder them from fur- nishing them with Goods and receiving their Peltry there. It will therefore be our own Faults if they do not return. That they will order Cahichtodo, the french Agent, to remove from Ohio, and doubt not but they shall oblige him to it ; they will men- tion our proposal at the great fire or Council, when they return home, and are sure they shall accomplish our Desire if we will do what is necessary on our part. They say that it is now many years since they expected the Ar- rival of one of the Sons of the great William Penn : one year they were t^ld he was coming and came not : it proved the same a second and a third year ; but they were greatly rejoyced to hear on their Road hither, that he was certainly come. And it must have hapned, say they, by the Providence of the great Ruler of Heaven and Earth, 474 MINUTES OF THE that his coming fell out at a time which gave them so Early an Oppor- tunity of seeing him ; they could gladly wish he may ever remain amongst them, & desire to know how long he intends to Stay in the Country. The Proprietor answered, He was much obliged to them for the Affection they expressed for him, and joyn'd with them in acknowl- edging the Hand of that Good Providence which gave him an Op- portunity of seeing his Brethren so soon after his Arrival, and that he had no thought of returning. Then being invited to draw nearer, ^ enter into nnore familiar Discourse, They say, that since they and their Brethren are now mett to- gether, they would willingly ask some Questions of their Brethren, ^particularly how the two Great Kings on the other side of the Water, viz : the Kingsof England and France stand affected to each other ? It was answered that they knew those Kings had been at War, and a Peace had been concluded between them which had now 'nsted about twenty years, &; for what we yet know, they are in Friendship with Each other. Great Kings sometimes fall out ; they may do so again, but as yet we Know nothing of it. They reply'd, that they are extremly glad to hear that the two Great Kings are at Peace with Each other ; they have frequently wondered why so much bad News should come from Canada, that has often made them very uneasie. Being called on to draw round the Table, and again invited to a more free ^^ familiar Conversation, Their Speaker, by the direction of Tyoninhogarao, said. That Onontejo (the Name they give to the Governors of Canada) had sent to speak with their Chiefs, and told them he should have a War with Corlaer, (their Name for the Governors of New York,) and that he desired them to sitt still and look on, that they should see he was the better Man, Sf would beat Corlaer i^^ his People ; that he de- sired his Children the Six Nations, should not concern themselves in it, for why should their Blood be shed in his Quarrell with the En- glish, The French and English were all from Europe, of the same Kind of Flesh and Blood, & the Indians should leave them to fight it out among themselves ; these Nations should see he could himself beat all his Enemies. To which they said their Chiefs had answered to this Purpose : Onontejo you are very proud; in your last War with the English you cried out for Peace, and you had it, but now you are grown proud ; you are not wise to make War with Corlear, & to propose such things to us. Corlear is our Brother. He came to us when he was but very little, and a Child, we suckled him at our Breasts; we have nursed him & taken Care of him till he is grown PROVINCIAL COUNCIL. 475 up to be a Man ; he is our Brother & of the same Blood. He and We have but one Ear to hear with, One Eye to see with and one Mouth to speak with. We will not (orsake him, nor see any Man make War with him without assisting: we shall joyn him, and if we fiiiht with you, we may have our Father Onontejo to bury in the Grotind ; we would not have you force us to this, but be wise 8f live in Peace. Being asked when 4' where this Discourse passed, they said about five years since, at Tiochteage, (their Name for Montreal.) That Onontejo had three several times before, proposed to them to joyn with him against the English, but they would not hear it. That at last he had proposed to them to stand Neuters, as has been mentioned, which they having also refused, he had never spoke to them since. They were told that it was true the French were very proud, but they had been soundly beaten last War in Europe ; the Gover- nor who is now present, had been himself engaged in many great Battells against them ; that in one Battle where he was, the French lost forty thousand Men, either Killed or taken Prisoners ; they lost many great Towns, and whole Countries were taken from them ; yet now, as they are ever proud, they want to be Masters, and be- cause they know the Six Nations are the bravest Indians in all these parts of the World, they would first separate them from their Breth- ren, the English and Dutch, who have at all times been true Friends to the Indians ,• have supply'd them with Powder, Lead, Guns, Cloathing, and all Necessaries, when the French on the other hand, made War on them, and endeavoured to destroy them ; their old Men know this, &; know hat the French would not have left one of their People alive upon the face of the Earth, if they had been strong enough to Master them; but they were not able; they were obliged to cry out for Peace. And now they would deceive them, but they well know they are old Enemies, & the English are their constant Friends. They said our Words were true and good, they would communicate them to their other Chiefs, and after some more Discourse to the same Purpose, they retired. August 29th. The Indians, by their Interpreter, having signified their Desire of knowing the Sentiments of the Proprietor and Governor on what had been offered in answer to the Proposition about recalling theShaw- anese, that being likewise inclined to send a Message on this head to that Nation, they desired a Belt of Wampum might be given them to send with it, and that they would be pleased to have an Answer 476 MINUTES OF THE to their Proposition about Employing Shekallamy and Conrad Wey- ser in all Messages between them, the Six Nations, and this Govern- ment. Whereupon the Honourable the Proprietor and the Governor, and some Members of Council being mett, the Indians were sent for, who being come, &, seated, the Proprietor spoke to them as fol- lows : "My Brethren : " We have considered your Answer accompanyed by some Strings *' of Wampum, to our Proposition of recalling the Shawanese. We •' are much obliged to you for the Readiness you show to joyn with " us in this matter, and we are desirous to have the same putt in " Execution as soon as may be ; but we doubt that both you and *' we will be obliged to consider that the Indians settled there have " their Corn growing, &. it may be very inconvenient to order their '' Removal to a place where they will have no Bread, 4* indeed it " would be cruel. As several Traders likewise, have considerable *' parcels of Goods lodged at Ohio, it will be a hardship to oblige " them to remove now when the Winter is coming on. Therefore *' we would propose, that till next Spring we should delay calling *' back our Traders, & likewise that the Indians, for the aforemen- " tioned Reasons, be suffered to continue there till that lime and no " longer. And to confirm these Words, we give one Stroud Match- ** coat. " As to what you said about employing Shekallamy & Conrad " Weyser, on which you gave the first strings of VVampum, We " are very glad you agree with us in the Choice of so good Men to *' go between us. We believe them to be very honest, and will with " Chearfulness employ them, and to confirm this we give another " Stroud Matchcoat. " Since you think fitt to desire some Token from us to accompany '• your intended message to the Shawanese, We now give you a large " Belt of Wampum to be delivered to them, together with the Words *' that have been spoken, that concern that Nation." The Belt being accordingly delivered, ^ the Indians having ex- pressed their Satisfaction with what had been now said unto them, withdrew. At a Council held at Philadia., Augt. 30th, 1732. PRESENT : The Honourable THOMAS PENN, Rsqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lt. Governor. James Logan, Thomas Laurence, ? p ? Isaac Norris, Samuel Hasell. 5 ^ Samuel Preston, PROVINCIAL COUNCIL. 477 A Draught of a concluding Speech to the Indians being laid before the Board, was read, and with some small Amendments approved. The Consideration of the Present to the Indians was resumed, & after some time Spent thereon, a List of Goods proper to be given them was drawn up, and delivered to Mr. Preston, the Provincial Treasurer, to whom it was recommended to provide them with all Dispatch, so that they may be gott ready by to morrow afternoon. It was then considered what might be proper to be given Shekalla- my, for his Trouble in the two Journeys he had performed at the Desire of this Government, with Messages to the Six Nations. And likewise, the Reward to Conrad Weyser, who had accompanied the Indians hither from Tulpahockin, had been very carefull of them, and was extremly Serviceable on this present Treaty. And it being observed that these Men were not only very acceptable to the Indi- ans, as appeared by their late recommendation of them, but likewise seemed to be persons of Truth 4* Honesty, on which Account it would be necessary to give them all due Encouragement. It is resolved that the Sum of Eight pounds be paid to Shekalla- my, &, Twelve pounds to Conrad Weyser, together with the Charges he may have necessarily expended for the Indians in their Journey hither. At a Council held at Philadelphia, in the Great Meeting house, August 31st, 1T32. PRKSENT : The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lieut. Governor. With the Members of Council, &, A very great Audience, that crowded the House and all its Galla- ries. PRESENT ALSO : The Chiefs of the Indians, with all their People who accompanied them in their Journe'\ THE PROPRIETOR was pleased to direct the Minutes of the 23d, 24th & 25th, to be publickly read, which was done according- ly. The Clerk of the Council, by his Order, then informed the Au- dience that several Conferences had been held with the Indians, on Matters of Great Importance, but that the Result & Substance of the whole is comprised in the following Articles, by which the present Treaty is to be concluded. And the same being first read and after- wards distinctly interpreted to the Indians, is as follows ; 478 MINUTES OF THE " Brethren : " Our Intention in desiring this Visit from the Six Nations, was to •♦ advise with you on such matters as will contribute to your own " Welfare and Security, as well as to the Public Peace of this and ** of all these Northern Colonies in general. We heartily thank " you for accepting of our Invitation, in so kindly visiting us, taking " this long Journey to see us, & being so Cree and open on the Seve- *' ral heads we have Spoke to. And now to close the whole Treaty, " we shall recapitulate in Public, the Articles on which we have " agreed. " In answer to our Proposition, that you should bring over as •' many Nations of Indians as you can into your Interest, and make *' firm Leagues with them, you have told us that you have already " made such Leagues with the Nations of the Otawese, the Twetch- " twese, Altamootes, Onachkaryagce & Sessagychese, who have " heretofore depended wholly on the French. We are highly pleas- " ed with what you have done herein, <^ we advise you by all means " & by all Opportunities, further to brighten and strengthen these " valuable Chains, and not only with these Nations, but with all " other Nations that you can possibly gain over to you, whether *' they live nearer to you or at a greater Distance. These People " will find it greatly for their own Interest, as it will also be for " your Interest, for by these means you will make yourselves much '♦ greater and Stronger. " We have desired particularly that you would take the Shawan- " ese into your Protection, make a firm League of Friendship with " them, and engage them to be as one People with yourselves ; that " they may be usefull to and assist you, on all Occasions. AntI the *' better to secure them from others that you would joyn with us, as '• has been proposed, in removing them and all our Delaware Indi- " ans from Ohio, and bringing them back to their former Habita- •' tions, in which you have promised to take proper Measures on your " parts. " That you should make all the Nations of Indians who joyn with " you, sensible, that when they enter into a League of Friendship " with the Six Nations, they at the same time enter into Friendship " with all the Subjects of the Great King of England that are on " this Side of the great Water, & that thereby they become as one " People. " Our Advice further is, that you would avoid all needless Wars •* with other distant Indians, by whom you may loose your own «' People, ^ perhaps gain but little. " That you should commitl nothing that may justly provoke the " French, yet that you strictly maintain your own Rights ; that you " keep your own People as much as possible united amongst your- *' selves, all of one Heart and one Mind, without Division, that PROVINCIAL COUNCIL. 479 " you may all draw together as in one Chain. That you should " use your utmost Endeavours to bring home all such of your Peo- " pie as live among ihe French ; that so you may all be joyned & " boimd together as one very great Man, with one Heart and one " Head, for so you will becoine much the Stronger. " That as the Six Nations are in the strictest League with the ♦' great King of England, which they generally once every year re- " new with the Governor of New York, who has it immediately in " Command from the King to take Care of them, they should forbid " all their Warriors, who are often too unruly, to come amongst or " near the English Settlements, &, especially that they never on any " Account rob, hurt or molest, any English Subjects whatsoever, " either to the Southward or elsewhere. " That particularly, they bring not away nor harbour any Negroes; " for those Negroes are the Support & Livelihood of their Masters, " and gett them their Bread. That if any Negroes should run away *' from their Masters, and the Warriours or Hunters should find any " of them in the Woods, they should take them up, and delivering " them to the Sherif of some. County in the nearest English Govern- '* ment, when their Masters come for them they shall be paid what- " ever can be received from their Masters, for the Indian's Service " and Trouble. And that those Warriours have it in Charge not to " disturb or hurt any of our People as they iiave too often done, by " Killing their Cattle, by which means some poor People have been »' almost ruined. " And in Conclusion, as we have heretofore had several Treaties " of Friendship with the Six Nations, &. you have always found us *' steady & constant to you in all we have professed, &; we have now " upon the Arrival of the Son of their great Friend, William Penn, " who first began the Settlement of this Province, a fuller Opportu- " nily than Ever, of freely opening our Hearts to each other. His " Son, [who has just on his Arrival so happily mett you here,) with " the Lieutenant Governor and Council, for all the People of this *' Province, not only renew & confirm all former Treaties, but enter " into the most strict <^ closest League of Friendship, Love & Union " with all the Six Nations at first named, desiring that the same •* Friendship may be extended to all the other Nations with whom " yitu are or shall be in Alliance, of which these Heads that we are " now to mention are the Chief, &ever to be Kept in Remembrance : " 1st. We shall consider the Six Nations as ourselves, and you " shall consider all our Inhabitants as your own People. " 2d. You shall not believe any false or idle Rumours concerning " you, but each shall Enquire of the other into the Truth of what " they hear. " 3d. If you know or learn any thing that may hurt us, you shall 480 MINUTES OF THE " carefully inform us of it, and if we hear any thing that nnay hurt " you, we shall in like manner acquaint you. »• 4Ui. If any evil minded Person amongst us should hurt any of ♦' your People, they shall be punished as il" they had done it to ati *' English Subject, in which you have known some Instances of our " Care, and if any of your People hurt any of ours, we shall expect " the like Justice. " 5th. We will constantly keep a Fire for you here at Philadel- " phia, that when any of the Chiefs of your Nations come hither, we *' may sitt down together round it, and advise and consult of such ♦' Affairs as may be for the general Interest of both you and us. " On this Article was delivered a Belt of Wampum. " 6th. And we now desire, there may be an open Road between " Philadelphia and the Towns of the Six Nations, which we will on "our parts, clear from every Grub, Slump & Log, that it niciy be " straight, smooth 4* free for us and you. We shall receive all your *' People and your Allies who come by that Road, as our Friends & " Brethren. And as you desire us, Conrad Weyser and Shekalla- " my shall travel that Road between Us and you, who will speak our " Minds ^ your Minds to each other truly & freely. " On this Article was delivered another Belt of Wampum. " 7lh. This League and Chain of Friendship & Brotherhood, we " now make with all the Six Nations, vizt : the Tsanandowans, On- " andagoes, Ganyingoes, Cayoogoes, Oneidas &. Tuscarores, ibr us " and all our People, and for our Children and Children's Children, *' with you for all your Nations, and for your Childien 4* Children's " Children to all Generations, to continue so long as the Heavens, " Sun, Moon, Stars & the Earth shall Endure. And we desire that •' the same may at your return be ratified & confirmed at your great " Fire by all your People, and be kept in perpetual Remembrance, «• and that all our Indians ^ The Representatives of this Province, elected the 2d instant, (the 1st failing on a Sunday,) having Mett in Assembly on the 14th and proceeded to the Choice of a Speaker, notified the same by a Message to the Governor, who, having appointed this forenoon for receiving them with their Speaker, they attended accordingly. And Andrew Hamilton, Esqr, having acquainted the Governor that the Representatives had been pleased to chuse him to be their Speaker, His Honour declared his Approbation of their Choice; Whereupon the Speaker made the usual Requests of Freedom of Speech, Access to the Governor's Person, Protection from Arrests during the accustomed time of Privilege, &c., all which His Honour having assured them he would inviolably maintain as far as lay in liis Power, they withdrew. E. At the Court House of Philadelphia, October 17th, 1732, phesent: The Honourable the Lieutenant Governor. With the Mayor of the City, &, other Magistrates. 39 501 MINUTES OF THE Sixty one Palatines, who with their Families, making in all One hundred Sixty nine Persons, were imported here in the Pink John & William of Sunderland, Constable Tymperton, Master, from Rot- terdam, but last from Dover, as by Clearance thence, were this day qualified as usual, and their Names follow :. Bernhard Wymer, Moritz Laurence^ C. Wolger, Georg. Albrecht,. Jacob Brechbiel, Laurenz Kiefier, Stephen Matthes, Bartol Moll, Hans Georg. Martin, Hans Brhart Vosselman, Johannes Emich, Felter Scheadecker^ Johar^nes Deynen, Pieter Haywigh, Michal Weysel, Friedrich Wyssell^ Lutwig Joh. Melchionar, Johannes Yeigie, Joh. Phillipus Reinhart, Hans Peter BrechbilU Bendu Brechbill, Hans Brechbill, Hans Georg. Sprecher, Johannes Nagel, Peter Smidt, Johannes Housam, Joh. Michal Houaman, Joh. Nicolaus Pauschon, Baltzar Gerloch, Christian Low, E. Conrad Low, Ludwig Hoogel, Jacob Weyber, Johannes Sehook, Hans Jacob Reyl, Georg. Adam Stiess, Abraham Dubo, Bans Georg. Rohrbachy Joh. Nicolaus Schmidt, Adam Wilt, Antoni Albrecht, Hans Philip Kleas, Conrad Getz, Nicolaus Kooger, Jacob Kooger, Jac. Matthias Wenser, Sebastian Trockenmille/p Gideon Hoffer, Hans Reyl, Joh. Shuffeln, Johan Paul Derst, Henrich Getz, Matthias Rubichon, Johannes Vogler, Jacob Henrich, Philip Melchior Moyer, Johan Georg. Wahnsidel,. Johan Pieter A psell, Georg. Wypert, Johan Jacob Sheare. At a Council held at Philadelphia, January Qth, 1732-3, PRESENT : The Honourable the Proprietary. The Lieutenant Governor. James Logan, Thomas Laurence, "^ Isaac Norris, Ralph Assheton, lEgquires^ Samuel Preston, Samuel Hasell, [ ^ Henry Brooke, Clement Plumsted. J PROVINCIAL COUNCIL. 502 The Governor acquainted the Board, that some days since he had received a Letter from the Lord Baltimore, complaining o( a Riot committed within his Lordships Province of Maryland, by People of Pennsylvania, but the Circumstances not being mentioned, or any Information given from whence the Matter might be clearly under- stood, he had thought proper in a few Lines, to acknowlege the Receipt of his Lordships Letter, and to refer giving a particular Answer till a due Enquiry should be made into the Affair. That having gather'd from the Precept enclosed in his Lordship's Letter, that the Persons complained of were Inhabitants of Lancas- ter County, he had dispatched an Express to the Justices there, re- quiring them to furnish him with an exact Account of the whole; that the Messengerbeingnow returned, had brought a Letter from the Jus- tices together with several Affidavits, all of which he thought highly proper now to lay before the Board, whom he had called together to advise with on the Answer to be made to Lord Baltimore. The Letter from his Lordship being read is in these Words : " Annapolis, Deer, ye 15th, 1732. '• Sir : " By the enclosed precept, founded upon Informations given upon ^' Oath to a Magistrate here, you will see that a most outrageous " Riot hath lately been committed in my Province, by a great Num- " ber of People caUing themselves Pennsylvanians. " It appears by the same Information that some of your Magis- *' trates, instead of preventing or discourageing these Violences, " Co'intenance and abet the Authors of them; whether with or with- " out the Approbation of your Government, you best know. " For my own part I think myself in Honour and Justice ob'iged, " and I am determined to protect such of His Majesty's Subjects " who are my Tenants, in all their Rights ; and therefore, to the ^' End the Persons complained of may be punished, if upon a fair " tryal they shall be found guilty, I desire that they, or such of them *' as can be found in your Province, may be sent without loss of " time into this, as the Only and proper place, where the fact with " which they are charged is Cognizable, and where my Officers will be " ready to receive them, particularly the Sherifs and Justices of my *' Counties of Baltimore and Cecil. '' I also desire that such of your Magistrates as shall appear to *' have Encouraged the commission of these or any other Violences " in my Province, by the People of Pennsylvania, may be punished *' for their abuse of Authority ; and that you'l favour me with a *' Categorical answer to these my just demands, by this bearer. " Your Humble Servt. " BALTIMORE. " Addressed thus, ^* To His Excellency Patrick Gordon, Esqr., at Philadelphia." 503 MINUTES OF THE The Precept referred to in the foregoing Letter, follows in thesS' Words : " Maryland, ss r " WHEREAS Charles Jones, James Patison, Alexr. ft'u-Key^ •' John Capper John Hart, John Pattan, Janries Pattan, James Pati- " son, Junr., John Trotler and William JMacmanac being, or pn lend- " ing themselves to be Inhabitants ot Pennsylvania, togelhti with " several other Persons unknown, are (. harged upon the Oath of " John Lowe of Baltimore County, Planter, taken before me, Robept ** Gordon, Esqr., one of his Lordship's Justices of the Provincial *' Court of Maryland, with having Assembled themselves, Armed *' with Weapons, Offensive and Defensive, in a Riotous manner, on " the Plantation of him the said John Lowe, in the said County, in •' the Night of the Twenty sixth of November last, and Vi^'lently *• and Riotously Assaulting and beating the said John Lowe, his " Wile and Family, and Imprisoning the said John Lowe & his two " Sons, to the great Terror and Damage of the said John Lowe and " his Family, against his Lordship's Peace, Good rule and Govern- " ment: " THESE are therefore in his Lordship's Name, to Will and re- " quire all Sherifs, Coroners, Constables, and other his Lordship's " Officers, to make Diligent Search and Enquiry within their res- " pective Counties and precincts, for the said Charles Jones, James " Patison, Alexander McKey, John Capper, John Hart, John Pattan, " James Pattan, James Pattison, Junr., John Trotterand William Mac- " manac, and all other Persons concerned in the said Riot, and to ap- •' prehend them or any of them who shall be found within this Pro- " vince, and to carry them or any of them before some one i)f his " Lordship's Justices of the Provincial Court, or some one Justice *' of the Peace of the County where they or any of them shall be found, *' in Order to be dealt with according to Law: hereof the said Officers *' are not to fail at their peril. Given under my hand and seal, at An- " napolis, this Fourteenth day of December, in the Eighteenth year of " his Lordship's Dominion, Annoq Domini 1732." The Governor's Answer to his Lordship's said Letter, is as fol- lows. « Philadelphia, Decemr. 23d, 1732. " My Lord : " It gives me no small Concern, that the first Letter I have the " Honour to receive from your Lordship, should be on so disagree- " able a Subject as a Complaint against any of His Majesty's Sub- " jects under my Government, for Disorders committed in the Pro- " vince of Maryland ; and 1 must assure your Lordship vou have " been exceedingly misinformed if you can imagine it possible that " 1 should countenance an Outrage of such a Sort as your Letter *♦ seems to represent it, for I believe I shall be fully Capable to satisfy PROVINCIAL COUNCIL. 504 ** your Lordship that my Conduct in relation to your Provi:ice, since *' I licid the Honour to serve the Proprietors of Pennsylvania as " their Lieutenant Governor, has demonstrated a very diilerent 3is "" position. " To the matter of tlve Complaint I am very m-uch a Stranger, and " as your Lordship was not pleased to transmitt Copies of the In- " formation, or any thing- else that miglit sufficiently enable me to " judge of it more clearly, I sliall therefore immediately, nolwith- " standing the Distance and Rigour of the Season, dispatch a Mes- " sage to the Magistrates of the t. ouiity of Lancaster requiring them " without delay to make -a full Enquiry, and furnish me with every " thing for the perfect Understanding the State and Circumstances of •" the whole Affair ; and I have no Reason, from the past Conduct oi " those Gentlemen, to believe but that it will be found much differeni " from what has been represented to your Lordship. These when " receivLd shall l)e forthwitli communicated, and then I may have " Occasion to make some further Observations on your Lordship's ^' Letter, and tlie Nature of tliese unhappy Disputes which, nutwith- " standing all possible Caution to the contrary, may arise for want of •" the Division Lines being actually run, whereby every Inhabitant "" might distinctly know what Jurisdiction he lives under. " Tills being all I am at present able to say on the Subject till the •" return of my Messenger, I am, My Lord, ^' Your Lordship's ^' Very humble Servant, " P. GORDON. Addressed thus, " To the Right Honourable " The Lord Baltimore, Proprietor of Maryland." Then was read the Letter of Jolm Wright & Samuel Blunston, Esqrs., to the Governor, in the following Words : " May it please the Governor: ■" Being informed by the Governor's Letter to Us, that the Execu- ''' tion of a Warrant directed to Charles Jones, Constable of Hemp- ^' field, for apprehending two Sons of John Lowe, of this County, *' pretending themselves Inhabitants of Maryland, hath been repre. ^^ sented to Lord Baltimore as a violent and riotous Assault commit- " ted against his Lordship's Peace, good Rule and Government. " We have therefore, made strict Enquiry into the Manner of the " Execution thereof, which, together with the Cause of Issuing the *' said Warrant, and all other things relating thereunto, are herev/ith *' faithfully transmitted. " In the year 1729, when the Governor was pleased to issue an ^' Order to divide this part of the Province from Chester Count > , a^ 505 MINUTES OF THE " for Erecting the same into a distinct County, and appointed Magis- " trates and Officers for 'lie Conservation of the Peace, the more " easie Administration of Justice and better securing tlie sober and " quiet Inhabitants in those remote Parts o! the Province, from the " Tliefts and Abuses committed by idle and dissolute Persons wha " resorted hither to Keep out of the hands of Justice, the Southern " Boundarys of the said County were by the said Order, to be Octo- " raro Creek and the Province of Maryland, and including the In- " habitants, to lye open to the Westward. But as the Line between " the two Provinces was not Known, no Authority was claimed over *' those few Families settled to the Northward ofOctoraro, by or under " Pretence of Maryland Rights, but they remained (by us) undis " turbed, tho' many Inhabitants of Pennsylvania lived some Miles " to the Southward of them. " At that time there were no English Inhabitants on the West " Side of Sasquehannah River in these parts, for about two " years before Edward Parnel and several other Familys whO' " were settled on the West side of the River, near the same, at a " place called (by the Indians) Coneohela, (who for several years " had paid uninterrupted acknowledgement to this Province) were at " the Request of the Conestogoe Indians, removed by the Governor's " Order from the said Place; the Indians insisting on the same to " lye vacant for their Convenience, as their Right by Treaties with " this Government formerly made. But about two years since, " Thomas Cressop and some other People of loose Morals and tur- " bulent Spirits, came and disturbed the Indians, our Friends and Al- " lies, who were peaceably settled on those Lands from whence the " said Parnel and others had been removed, burnt their Cabbins and " destroyed their Goods, and with muchthreatning& ill usaije drove " them away, and by pretending to be under Maryland Government, " (As they were got far from their Laws sought to Evade ours.) " But as that Land had been formerly settled by the good People of " this Province, and none till Cressop and his Company had settled " by a Maryland Claim so far to the Northward by near thirty " Miles, We concluded them to be Men ofdesperate Fortunes, who " would rather defend their Actions by Force than trust them to the <' Law, and that Opinion hath since been corroborated by others fol- «' lowing their Example and settling on that Side the River, who, *' when charged with Offences or Debt, would screen themselves un- *' der the same pretence, yet those Men would fly to our Laws for " Redress against their own Party, and they who had fled from their " Creditors and ihe Laws of Maryland into this Province, when such " Creditors pursued them hither, have refused Obedience to our Of- " ficers, and cryed Maryland. Thus they proceeded to play Booty, " disturbing the Peace of the Government ; carrying People out of " the Province by Violence; taking away the Guns from our Friends, " the Indians ; tying and making them Prisoners w ithout any OfTence PROVINCIAL COUNCIL. 5t)6 *' given; <§' threatning all who shou'd oppose them, and by under " hand and unfair Practices, Endeavouring to alienate the Minds of *' the Inhabitants of this Province, and draw them from Obedience ■" to their Party. Their Insolence increasing, they Killed the Horses " of such of our People whose trade with the Indians made it ne- ♦' cessary to keep them on that side of the River, for carrying their *' Goods and Skins ; assaulted those who were sent to look after " them, and threatned them highly if they should come there again. " This Usage obliged James Patterson to apply to Us for a War- •" rant to apprehend and bind to the Peace two young Men, who " had been the most active. We, well knowing that according to " the Agreement lately made between our Proprietors and Lord Bal- " timore, and by the explanatory Maps thereon struck, those Settle- " ments were above twenty Miles to the Northward of the place of " the Intended Line, Therefore believed it our Duty as Conserva- " tors of the Peace, to use legal Authority for the Security of His " Majesty's Subjects, and curbing the Insolence of lawless & unruly " Otfenders, and accordingly issued a Warrant to apprehend Daniel " & William Lowe. The manner of Executing thereof will best ^' appear by the Affidavits herewith sent. " When they were brought before us they were used with all the " Lenity the Case would bear, & dismissed on the Security of their "" own Friends for their future good Behaviour & appearance at " our next Court of General Quarter Sessions. " Could We have supposed such a Procedure would have given ^' the least Offence to Lord Baltimore, or that he would have looked '• upon those Peisons as his Subjects, & under his Protection, who ^' in his own Opinion (according to the Testimony of Thomas Cres- ^' sop) live beyond the bound of this Dominion, we should not have *'■ acted herein, but have represented the Case to the Governor, & " waited the Direction of his wiser Judgement, to whose just Cen- ■" sure we submit, and conclude with all due Regard. " The Governor's most assured Friends, " JNO. WRIGHT, " SA. BLUNSTON. " Hempfield, «Oth Decemr., 1732." Addressed thus : " To the Honble Patrick Gordon, Esqr. " Governor of Pennsylvania, After which were read likewise, the Affidavits of James Hendricks, William McMannack, John Capper, John Brubaker, Charles Jones, John Patten, Alexander McKey, Joshua Minshal, Francis Ward, Re- becca Hendricks, Joshua Lowe & Tobias Hendricks, setting forth : That James Patterson being informed one or more of his Horses were killed near John Lowe's Plantation, and that his two Sons &ar MINUTES OF THE Daniel and William, had been seen presenting a Gun to fire at an- other, but were prevented by being diticovered, sent some Persons thither to en<|uire into the Truth of the matter, who finding one of them lying dead near Lowe's house, made some Expostulations with his Sons on that head, who were so far from disowning the fact, that they said they would kill all the horses that came upon that l^and, and having assaulted and grossly abused Paterson's Messengers, thrratned they would tie and whip all those he should send over thhher,' that upon Complaint hereof made, a Warrant was issued for ap|)re- hending the two Persons who had been thus guilty of that Assault ; that the Constable to whom the Precept was directed, having formerly mett with resistance from those People, and fearing new Insults, (for Thomas Cressop and his Associates had threatned to shoot any Officer of Pennsylvania who should come into those pa>'ts to do his Duty,) tho' he only took his Staff himself, yet thought it necesary to have a suitable Strength with him, and being assisted by James Pattersons, Senr, & Junr., William McManac, Alexander McKey, John Capper, John Hart, John Patten, James Patten and Mathew Bailey, and no others, amongst whom were only three Guns, and these not loaded, serving only as an appearance of Defence, went quietly to the house of Lowe the Father, and the Door being open, he then apprehended Daniel and William his two Sons ; that no disturbance was made but what was occasioned by the Resistance of the Prisoners, and tb> se who came to their Relief, ajid in preventing Lowe's Wife from going out to raise the Neighbourhood; that in their return, Thomas Cressop, William Canon and Edward Evans followed them to rescue the Prisoners, and wounded John Hart, but were obliged to desist ; that Lowe's house where his Sons were taken^ is several Miles more Northerly than Philadelphia, (which appears by a well known Line that had been run above forty years Since, on a due West Course from this City to Sasquehannah, in order to a more certain Discovery of the Country,) and that there are about four hundred People living more Southerly than Lowe's house, wha pay taxe-i in the County of Lancaster, and have always acknowledg- ed themselves Inhabitants of Pennsylvania. The Board having fully considered the said Letters and Affidavits, and making some Observations on the Stile and manner of the Lord Baltimore's Letter, which they conceived too peremptory, were in- clineable to think that his Lordship had left Room for no other An- swer than barely to acquaint him that the supposed Riot was com- mitted within the reputed and known bounds of Pennsylvania, and consequently, not cognizable by him. Yet, since his Lordship's In- terposition in this Affair might probably be owing to some very wrong Impressions, and that he might not have had Leisure since his Arrival, so thoroughly to consider things of this Nature, The Board were of Opinion that a Letter, stating the facts as proved from the Affidavits, with some close, consequential Reasoning thereo% PROVINCIAL COUNCIL. 5Q8 should be prepared and laid before the Board at tlieir next meeting. The Governor then proceeded to inlorin the Board, that an unhappy- Fray had arisen on the Borders of Kent County, in this Government, and those of Dorsett in Maryland, of which Mr. Shurmer, the Clerk of that County, had given an Account in a Letter to the Clerk of this Board, and the same being n ad is in Substance, That one John Newton purchased some Land of a Person who told him he held it under Maryland, on which Newton, as a Tenant of that Province, paid his Levies, at least for one year, to the Offi- cers of Dorsett County , but that upon Enquiry he found he had been imposed on, for that the Land he was possessed of had never been granted by Maryland to any Person whatsoever ; whereupon, believ- ing himself to be entirely free, he chose rather to be'nng to the County of Kent, and accordingly got the Surveyor, but without any Warrant or other Grant, to run out some Lines, of which Notice was taken in the Surveyor's Books there, and from that time for some years, had paid his Levies to Kent County ; that some of the Officers of Dorsett County lately demanding a Levy of him, as one of their In- habitants, he made his Case known to some of the Justices of Kent, who appointed a Constable in his Neighbourhood for the preserva- tion of the Peace ; that the under Sherif of Dorsett continuing to insist on the same Demand, at length carried him off by force ; that the Constable taking a sufficient Number of Assistants pursued them, and not without some Violence, rescued the Man and brought him back to his House. The Board expressed their Concern that Occasions of Difference should arise between the two Provinces, especially at this Juncture, when 'tis to be expected the Execution of that Agreement concluded between the Proprietors, will soon terminate all Contentions of this Sort; and it being moved that the Justices of Kent County should be wrote to for a more particular Account of this matter, and that they should be cautioned to use their utmost Endeavours to prevent all Broils with our Neighbours of Maryland, it was recommended to the Governor to give the necessary directions herein. E. At a Council held at Philadelphia, January 11th, 1732-3. PRESENT : The Honourable the Proprietary. The Lieutenant Governor. James Logan, Clement Plumsted, "^ Isaac Norris, Thomas Laurence, Lp'souires Samuel Preston, Ralph Assheton, f Henry Brooke, Samuel Hasell. J 50» MINUTES OF THE A Copy of the Letter which the Governor had dispatched to the Justices of the County of Kent, pursuant to the desire of the pre- ceeding Council, was laid before the Board, and is as follows: " Philadelphia, January 9th, 1732-3. " Gentlemen : " A Letter from Mr. Shurmer to my Secretary, being very lately " come to his hand, has been communicated to me, relating to a " Fray that has happened on the Borders of your County and those " of Dorset in Maryland, in the Narrative of which, as he has not *' been sufficiently full and Clear, I am at some Loss how to judge of it, " but the Substance as far as I understand it is, that one John New- " ton purchased some Land of a Person who told him he held it " under Maryland, on which Newton as a Tenant of that Province, " paid his Levies, at least for one year, to the Officers of Dorset " County, but that upon Enquiry he found He had been imposed on, " for that the Land he was possessed of had never been granted by " Maryland to any Person whatsoever; whereupon, believing him- " self to be entirely free, he chose rather to belong to the County of " Kent, and accordingly got the Surveyor, but without any Warrant " or other Grant, to run out some Lines, of which Notice was taken " in the Surveyor's Books there, and from that time for some years, " he paid his Levies to your County ; that some of the Officers of '* Dorset County lately demanding a Levy of him, as one of their " Inhabitants, he made his case known to some of your Number, " who appointed a Constable in his Neighbourhood for the Preserva- " tion of the Peace ; that the under Sherif of Dorset continuing to *' insist on the same demand, at length carried him Off by Force ; " that the Constable taking a sufficient Number of Assistants, pur- " sued them, and not without some violence, rescued the Man " and brought him back to his House. Now, tho' it it is difficult to " account for this Proceeding on the part of Maryland in attempting *' to take a Man Prisoner for his Levies to that Government, who *' had several years paid them to this, at a time when there was rea- " son to expect that by the late Agreement all Differences would be *' amicably composed, in which Attempt undoubtedly they were most " manifestly in the wrong, yet on the other hand, the utmost Caution *' ought to be used not to give any just Occasion of Offence to our " Neighbours, with whom we have in the main lived in a good Un- " derstanding, and particularly to take Care not to Countenance the " Levity of such, as living on the disputable Borders, think they " may shift their Landlords at their own Will and Pleasure; for this " is a Practice this Government would never Encourage, nor is it our " Honourable Proprietor's desire that any Person who was first a " Tenant of my Lord Baltimore, should be afterwards allowed to '* change till such time as the running of the division Lines, which PROVINCIAL COUNCIL. 510 *' we may now speedily expect, shall fully determine under which " Government for the future, they are to be ranged. " On receipt hereof I desire you without delay, to transmitt to me " a very particular Account of the whole Affair, and especially of " the time when Newton first Entred upon that Land ; how he pur- " chased it ; how long he paid his Levies to Maryland, & how long " to your County, as also, how the place is scituate, and how and by " whom the Neighbouring Lands are inhabited. " And although the Magistrates will always desire to be com- " mended for their just Zeal in asserting the Rights of the Govern- " ment they live under, when these Rights on a sufficient Evidence " are clear to them, in which they may assure themselves they shall " always be duly protected. Yet I must again press upon you the " Caution I have given, and require you by no means to enter into " any Broils with my Lord Baltimore's Tenants, unless they should " force you, by invading a clear and just Right, to appear in De- " fence of it in a manner becoming Persons entrusted with necessary " Powers for protecting the People in their civil Liberties ; and an " Account of your Procedure in such a just Discharge of your Duty " will always, I am sure, be most acceptable to our Honourable Pro- " prietor, as it will be to " Gentlemen, " Your Loving Friend, " P. GORDON." Addressed thus : " To the Justices of His Majesty's " Peace for the County of Kent." Then was lead a Draught of the Letter to Lord Baltimore, which, mentioning that Several Affidavits were therewith sent, was ob- jected to, and some Reasons were urged against transmitting any other Papers than the Copy of the Letter from Messrs. Wright & Blunston, and of one of the Affidavits relating more particularly to his Lordship, whereupon the Board directed the said Draught to be amended, and some other Alterations being made, the same was after due Consideration approved, and is in these Words : " My Lord : " When I wrote to your Lordship the 23d Ulto., I was then at " some Loss what to say in answer to the Subject matter of your " Lordship's Letter, thinking myself in Prudence obliged to decline '' giving my Sentiments of that Affair, lest on a proper Enquiry it " should be found otherwise than I had Reason, at that time, to ap- " prebend it. But the Return of my Express to Lancaster, has " brought me so full di distinct an Account of the whole, as clearly " shows that neither any Riot hath been committed within your Lord- " ship's Province by People of Pennsylvania, nor any Injustice done 6U MINUTES OF THE " to those whose Complaint your Lordship has thought fit to hearken " to. " The Letter fronr) the two Magistrates, a true Copy whereof is *' here enclosed, gives a plain Narrative of the whole matter, which " is supported by many Affidavits now in my hand, the Substance " whereof is, that James Patterson being informed one or mure of " his Horses were Killed, near John Lowe's Plantation, and that his " two Sons, Daniel and William, had been seen presenting a Gun " to fire at another, but were prevented by being discovered, sent " some Persons thither to enquire into the truth ol' the matter, who " finding one of them dead near Lowe's house, made some Expostu- " lations with his Sons on that head, who were so far from disown- " ing the fact that they said they would kill all the horses that came " upon that Land ; and having assaulted and grossly abused Patter- " son's Messengers, threatned they would lie and whip all those he " should send over thither ; that upon Complaint hereof made, a ♦' Warrant was issued for apprehending the two Persons who had " been thus guilty of that assault ; that the Constable lo whom the " Precept was directed, having formerly met with Resistance from ♦' these People, and fearing new insults, (for 'tis undeniably proved " of Thomas Cressop and his associates there, that they had threat- " ned to shoot any Officer of Pennsylvania who should come into " those parts to do his Duty ; that they were provided with Arms, " and would use them for that purpose ; nay, to such a pitch of In- *' solence was Cressop arrived, as to declare that if he had known " when the Sherif came to apprehend a Man & Woman who had " murthered their Child, and have since been condemned for it, he " would have defended them,) from these Apprehensions therefore, *' the Constable, tho' he only took his Staff" himself, yet thought it " necessary to have a suitable Strength with him, and being assisted " by James Pattersons, Senr. & Junr. , William McManac, Alexan- " der McKey, John Capper, John Hart, John Patten, James Patten " and Mathew Baily, and no others, amongst whom were only three * Guns, and these not loaded, serving only as an appearance of de- " fence, went quietly to the house of Lowe the Father, and the Door " being Open, he there apprehended Danl. and William his two Sons; *' that no disturbance was made but what was occasioned by the " Resistance of the Prisoners, and those who came to their Relief, *' and in preventing Lowe's Wife from going out to raise the Neigh- " bourhood ; that in their return Thomas Cressop, William Canon " and Edward Evans, followed them to rescue the Prisoners, and " wounded John Hart, but were obliged to desist; and to conclude all, " that Lowe's house where his Sons were taken, is several miles " more Northerly than Philadelphia, (which appears, by a well " known Line that had been run above forty years since, on a due " West Course from this City to Sasquehannah, in order to a more " certain discovery of the Country,) and one Person, who for several PROVINCIAL COUNCIL. 5l2 " yeai's past has been employed in Levying the Taxes of the Cctinty " of Lancaster, parlicul.irly deposes, that theie are four hundred " People living more Southerly than Lowe's house who pay Tiixes " in that County, & liave always acknowledged themselves Inhabit- '* ants of Pennsylvania. " The Facts thin-'.-lore standing thus, it is Evident that the Magis- " trates had unquestionable Ri^hl to issue their Warrant, both in " Relation to the Persons and place; and therefore, in answer to that " part of Nour Lordship's Letter where you expect they s 'ould b6 •' punished for the Abuse ol their Authority, I must further say, that *' these two are Gentlemen of such Integrity, Discretion and good " Abilities, that I have never yet had real Cause to think they siood " in need even of Admonition, and I hope your Lordship, uponcon- " sidering their Letter, will be so much of ihe same Opinion as plainly " to see they have been greatly misrepresented. " But upon one part of t le Letter from these Justices I must beg " leave to add, that there having been no Settlements, that we have " heard of, made on the West of Sasquehaimah, by Authority either " from Maryland or this Province, more northerly than Nottinuham " or thereabouts, till the«e unhappy late ones, yet some Vagiiints, " retiring from the Justice of one or other of these Governments, " had some times sheltered themselves there and became troubles(nne. " It was therefore agreed, as I am very credibly informed, between " my Predecessor and the Lieutenant Governor of Maryland, ahout " Eleven or twelve years since, that all such Settlements should be " discouraged by both Governments; yet being at Conestogoe on a " Treaty with our Indians in 1728, I found some kw had gone over " from our parts and sate down on the Lands Cressop and his Com- " pany, (as we now find.) have entred on, of which the Indians " then taking Notice to me, as a Breach of former Promises made " to them, I iirst made them sensible that their Settling there was " not with our Approbation, and then obliged all those People to " quitt their Settlements and return to this side of the River: and " the same Method we continued till Cressop came there, whose Be- " haviour soon drew many complaints against him. I considered " him at first as one of those Vagrants whom I have above described, " till finding by some Letters and other Papers sent me last Summer " by Mr. Ogle, that some large Surveys had lately been made there, " in parts that Maryland has never formerly, that we know, extended " their Claims to, (which considering the Agreement at London in " 1724, that to this time has been carefully observed on our part, " your Lordship must allow to have been most irregular,) I could " not but be of Opinion that as some Gentlemen of your Lords^'ip's " Province, who, casting an Eye on those Lands, now rendred more " valuable by the Neighbourhood of our Inhabitants, had attempted " so unjustifiable a Survey, it might suit their purposes to have Cres- " sop and some others of the like turbulent Dispositions settled there, 513 MINUTES OF THE " to give some Countenance to their Claim ; but how far he or any " of his Associates are worthy of your Lordship's Regard, I shall •' leave to your Judgement, on a due Enquiry into their Conduct; in ♦' the mean time I cannot forbear furnishing your Lordship with a " Copy of one of the Affidavits which more particularly relates to " yourself, and Contains what must be entirely discredited by those " who are acquainted with my Lord Baltimore's Character. " I am truly sorry that Misrepresentations of this late Affair have *' so far prevailed as to divert your Lordship from matters of higher *' moment, which on your Arrival in your Province must necessarily " Engage your Attention, and if in Cases of the like nature, your " Lordship has received any impressions to the Disadvantage of this " Government, (in which some, probably, may have a particular In- " terest,) I hope on a proper Enquiry, and in due time, they will *' be effectually removed ; for as 1 hinted in my former, I can assure *' your Lordship, that ever since I had the Honour to preside in this *' Government, I have been anxiously Sollicitous to compose those " Ruffles and Misunderstanding which the undivided State of the " two Provinces occasioned, lest these might begett animosities, and " create Quarrels between the Subjects of the same Crown, that " may in the end have (Consequences too obvious to be noted to a Per- *' son of your Lordship's Penetration, but 'tis Scarce to be expected " Contentions of this sort can so entirely cease as we could wish, till *' a Partition shall be actually made. " Thus My Lord, I have endeavoured to give you a satisfactory " Answer to your Letter, and if I cannot comt)ly with your Lord- " ship's demand of delivering up Inhabitants of this Province to be " tried in yours, for a supposed Riot, committed many Miles within *' the well known bounds of Pennsylvania, your Lordship will do " me the Justice to believe the same proceeds from a Sense of the " like Obligations on me, to protect His Majesty's Subjects in this " Province in their just Rights, with those your Lordship conceives " yourself under, for protecting such of them as are your Tenants. « I am, " My Lord, " Your Lordship's " Most obedient, humble Servt. " P. GORDON. -' P. S. " It gives me some concern that I am obliged to add to this, that " I have lately received an imperfect Account of a Scuffle that has " happened on the Borders of Kent County in this Government, and " Dorset in yours, occasioned by some of your Lordship's Officers " taking one Newton a Prisoner, and forcing him from his own " House : what I have been able to learn of this Affair, & my Sen- " timentsof it, your Lordship may perceive on perusal of the inclosed PROVINCIAL Council. 514 " Copy of a Letter which I immediately dispatched to the Justices " of Kent County on the Subject." N. B. The foregoing Letter was dated " Philadelphia, January loth, 1732-3, and addressed thus : " To the Right Honourable, " The Lord Baltimore." E. At a Council held at Philadelphia, February 14th, 1732-3. PRESENT : The Honourable the Proprietary. The Lieutenant Governor. James Logan, Clement Plumsted, ") Isaac Norris, Thomas Laurence, lEsq'rs. Samuel Preston, Samuel Hasell. J Henry Brooke, The Minutes of the two preceeding Councils were read and ap- pro';ed. The Governor then informed the Board, that on the 3d instant he had received a Letter from the Lieutenant Governor of Maryland, inclosing one from the Lord Baltimore, by which it appears his Lord- ship, notwithstanding what had been wrote to him, continues to insist on the demand made in his former Letter, of delivering up those Persons concerned in the Execution of the Warrant issued against the Sons of John Lowe, living on the West Side of Sasquehannah. That the day before these Letters were brought to him, having by an unhappy fall so much disabled his right Arm that he could not write himself, ha had desired a Gentleman of this Board to write to Mr. Ogle, acknowledging the Receipt of the Letters, and mentioning the hurt which he (the Governor) had received, and that as soon as possible both Letters should receive an answer. The Governor proceeded to say, that the Importance of this Affair rendring it necessary to be well weighed & considered, he had di- rected the Council to be called together to advise therein. Then laying the said Letters before the Board, the same were read, and are as fo Howes : " Annapolis, January ye 24th, 1732-3. " Sir: " I am very much concerned that I am Obliged to give you far- ** ther trouble on Account of the Riot committed by People claiming 615 MINUTES OF THE '* under vour Government in this Province, and to obviate al! pre' " tence oC want of Knowledge of thie nature of tiie Offence, 1 have " directed Mr. Ogle to shew you Copys of I he Depositions, and to de- " mand in my Name the delivery of the Persons, to be delt with " according to Law. I desire Mr. Gordon will be assured no one " has a greater regard or Esteem for him than I have, and nothing " but the Protection of His Majesty's Subjects under My Govern- •' ment, will induce me to be farther importuning on a Subject you = ' thmk so disagreeable. " Your humble Servant, " Baltimore." ♦» Newcastle, February 1st, 1732-3. " Sir: " His Lordship, upon the Receipt of your Letter of the 15th of " last Month, by the Conveyance of Mr. Georges, was pleased to " deliver me the inclosed, with directions to give it to yourself, and at " the same time acquaint you with what his Lordship still expects " and insists on from the Justice of your Government. " But as I hear we aie not likely to have the pleasure of seeing " you at Newcastle, 1 send this Express with the enclosed, and by it " yuu will perceive his Lordship once more demands the Delivery " up of the Rioters, to the Magistrates of his Province, and I am '• ordered to say, that his Lordship is the more ob iged to persevere " in wliat bis Lordship thinks is justly owing to his Government, by " the very manner in which you think fit to represent the affair in " your own Letter: the coming with Numbers, &in a violent manner *' forcing his Lordships Tenants before your Magistrates, are admitted, " and altho' you are pleased to distinguish his Lordship out of that " part of his Province, by an Agreement which is now under Agita- " tion, and which you seem to make the Execution of necessary, to " prevent further Disturbances on the Borders, his Lordship cannot " but be surprized to find your Magistrates are justified in issuing " Warrants for the apprehension of Persons in his Lordship's Pro- *' vince, before the Lines are run and Bounds Settled, which are " stipulated by the Articles, to be done under a pretence that proba- '* bly such place may fall within the Government of Pennsylvania '♦ when the Lines are run: if this is the Case, his Lordship thinks " it could not be so useful and necessary to name Commissioners, or " to run the Lines intended by the Articles, since every Magistrate «' may on their own head take upon them, tho' no Lines are run to " distinguish the Bounds, and each Government protect them. " His Lordship is satisfied none can conceive the Agreement to «' have any such effect before the Lines are run, and that yourself " are cimvinced of the weakness of that reason, sit ce, in your Let- «' ter of the 30th of December last, directed to the Justices of Kent " County on Delaware, a Copy of which you sent to his Lordship, PROVINCIAL COUNCIL. 516 ■" you very justly acquaint them that no Person who was first a " Tenant of his Lordship, should be allowed to change, till such " time as the running of the Division Lines shall fully determine un- " der which Government, for the future, they are to be ranged. " His Lordship would not willingly persuade himself, (unless " forced by a further protection of the Rioters,) that this transaction " was done rather to obstruct than facilitat-e the Execution of the " Agreement, since nothing seems to him to show a greater want of " the Candour enjoyned by the Articles, than approving the presump- " tion of Magistrates in issuing Warrants, and Boldness of Persons *' acting under those Warrants in an Affair intended to be accomO" ''' dated by their Superiors in another manner, and yet such proce- " dure, instead of being disowned by your Government, is justified *' and urged, as necessary for the execution of the Agreement. " I have also herewith sent Copys of the Affidavits taken in his " Lordship's Province, in relation to tliat affair ; the substance of " them is much the same with those taken Notice of in your l^etter " to his Lordship, but aggravated with very probable Circumstances *' of Behaviour and Expressions, in such forward Rioters. " Having nothing further at present to trouble you with, but to *' repeat his Lordship's desire of having your immediate answer, by *' this Bearer, whether you will be pleased to order the delivery up *' of the Rioters complained of, to the Magistrates in Maryland, who ** have Orders to receive them, '* I remain, Sir, " Your most humble Serv't, " SAM. OGLE." Addressed thus : ♦' To the Honble Patrick Gordon, Esqr., " Governor of Pennsylvania." The Board exp«'essing their Surprize that the Lord Baltimore should, without taking the least Notice of what the Governor had wrote to him, think fitt to insist on his former Demands in so perempto- ry a manner, came to this unanimous Resolution, that for the Rea- sons contained in the said Letter, his Lordship's Demand is by no means to be complied with, and that the same should be signified to his Lordship, in very plain Terms. Whereupon, two several Draughts of a Letter in answer having been made, the same were communicated to the Board, who, ap- proving the Substance of both, but preferring the manner in which one of them was conceived, directions were given for taking such parts of each as best suited the sense of the Board. And accordingly, a Letter in these Words was drawn up, and signed by the Governors 40 517 MINUTES OF THE " My Lord: " Your Lordship's Letter of the 24th Ulto., under cover of one' •* from Mr. Ogle, and' accompatiied with the Copies of two Deposi- '• tioTis, came to my hands on the 3d Current, by the Bearer of which »•' I would have returned an Answer, if an unluck}'^ hurt 1 received »^ the day before, had not disabled me from attending to any Business. *' I aci:ount it an unhappiness that mine of the 15th of January has " been so far from satisfying your Lordship, that without taking the *^ least Notice of what I there represented, your Lordship should *' think fitt to insist on the Demand mentioned in your former Let- *' ter. If the Reasons already given for not complying therewith *' have not sufficient Weight with your Lordship, I am not able to ** judge what others can be added in defence of &n Action which, in' " all its Circumstances, were it really Criminal, can only he cogni- " zable in Pennsylvania, the place where it was done ,• for it is abun- '* dantly evident that Lowe's Settlentjent, even without Regard tO' " the last Agreement, is many Miles within the known bounds of '* this Province, and clearly without the most extensive ever claimed *' to our Knowledge by Maryland. And since the R«galar Adminis- " tration of Justice and due Exercise of the Powers of Government " make it absolutely necessary that some Limits should at all times "be known and acknowledged, it is to be considered what Confu- " sioa must ensue, if these are to be varied and shifted, to support " every bold Intruder, who, tho' actually seated within one Province,. " may yett think fitt to call himself an Inhabitant of the other. " I shall forbear at present making some very obvious Remarks •' on the Depositions sent nie, and shall only say, that as I never had' " the least Inclination of any Abuse offered to Lowe, the Father, " when the Warrant was served on his two Sons, Daniel and WidiaHi, " for whom alone it was issued, your Lordship may be assured that " this Government will have so strict a Regard to do impartial Jus- " tice between all its Inhabitants, that John Lowe, (if the Case be " as he represents it,) on a proper Application, may deperid on being. '* redressed in due course of Law. " Tho' I have the Honour, my Lord, to be at the head of the Ad- *' ministration of this Province, yet as one of our Honourable Pro- " prietors is now here, I could not judge it proper, however clear the •^ present Case may be, to make any further Answer to your Lord- *' ship's Demand without first learning his Sentiments, and he has '" been pleased to lett me know, that tho' your Lordship thinks fitt " to take offence at the granting and executing a lawfull Warrant " within this Province, yet that the same is not a sufficient Reason to »' him for delivering up a Freeman of Pennsylvania, to be tried in " Maryid., for not knowing that the Proprietor of that Province '* would resent his doing the Duty of a Constable within his own " District. He was likewise pleased to add that he has the same PROVINCIAL COUNCIL. 518 ** ceiftainty that Lowe's Settlement, (the place where the supposed *' Wrong is said to be done,) is as unquestionably within the Pro- " vince of Pennsylvania, as your Lordship has of Elk River being " within that of Maryland ; that he knows this Province to be as " independent of Maryland as that is of Pennsylvania, and tho' " his Principles, and those of the greatest part of the Inhabit- " ants, allow of no force except that of the Civil Magistrates, yet " being protected by his Majesty's Wisdom and Justice, (upon which " he entirely relies for his Defence,) he apprehends no Danger from " the different Principles and Superior strength of Maryland. " I have it likewise in charge from him to represent to your Lord- " ship, that the time for running and marking the Lines, Limits and *' Bounds between the Province of Pennsylvania, Counties of New- '* castle, Kent §• Sussex on Delaware, and the Province of Maryland, " by the delay of your Lordship's Commissioners is far spent, and ■" therefore, that your Lordship may, in such manner as you think " fitt, direct your Commissioners to proceed to the Execution of that *' part of the Articles yet remaining to be done, pursuant to the A- " greement concluded. " Having thus discharged myself of what I had in Command to " write to your Lordship, I am, on my own part, to return you my *' very humble thanks for the Personal Regard your Lordship is ** pleased to express for me, and to assure your Lordship it shall be *' my Endeavour to merit the Continuance of it, by acting no part *' unbecoming of My Lord, ' ' Your Lordship's most *' Obedient, humble Servant, "P. GORDON. This Letter was dated, " Philadelphia, February irth, 1732-2." And addressed thus : " To the Right Honourable, " The Lord Baltimore."" The Governor thought fitt likewise, to answer Mr. Ogle by a Let- ter in these Words : " Philadelphia, February 17th, 1732-3. " Sir : " Having said to my Lord Baltimore v/hat I apprehend to be suf- '' ficient, in answer to his Letter, and to that part of yours in which '* you, in his Name, demand the Delivery up of the Rioters, as you " call them, to the Magistrates of Maryland, I should gladly have *' spared you and myself the Trouble of entring further into the *' Dispute, were it not that you have been pleased to make me say •" and admi* what I think I have not, and am sure never intended. 519 MINUTES OF THE " In your Letter it is said, that by the very manner in which I " have represented the Attair in mine of the 15th of January last, " to his Lordship, the coming with Numbers, and in a violent man- '• ner forcing his Lordship's Tenants before our Magistrates is ad- '♦ rnitted. and that upon this Admision his Lordship is the more " obliged to persevere in what he thinks is justly owing to his Gov- " ernment, vizt : the Delivery up of those you call the Rioters. To " tkis I must say, it requires a skill in distinguis'iing &, inferring, " to which I have ever been utterly a Stranger, to find out how the " saying that the Constable of Lancaster County, with such Assist- " ance as he thought proper to take with him, went and apprehended *' some notorious Disturbers of the Peace within our Government, " can be construed such an Admission. You seem also to make me *' apply the Articles of Agreement now in Agitation, to justify our " Magistrates in granting that Warrent against Lowe's Sons, which " was ever as far from my thoughts as the other. No Sir, the Foun- " dation on which that Warrant was granted, could be no other than '• the certain knowledo;eour Magistrates had that Lowe's Settlement " is within the indisputable bounds of Pennsylvania; they well " knew that it lies considerably more Northerly than Philadelphia, " and by common Computation thirty Miles above the Northern " Boundary of Maryland, Sett, as I am well informed by Charles, *' Lord Proprietor of that Province, about fifty years since, and not " long after the King's Grant for this Province, of the Bounds of " which he was not unsensible, and according to which our Jnhabit- " ants, for the greater part of that time, have had a continual Pos- *' session, and therein they would undoubtedly have proceeded as * they did, had the last Agreement never been entered into. Yet, •' as it was concluded, (and as such it is made no Secret here,) it " certainly could not have any such Effect as to discourage them •' from doing their Duty, when they saw clearly that even by the " plain and express Terms of that Agreement, the place of Lowe's " Settlements is several miles more Northerly than Philadelphia, *• fifteen miles below which the East and West Line, dividing the *' Provinces, when it is run must necessarily fall. " 'Tis very true I have said the running of these Lines, as stipu- " lated by the Articles, is necessary for preventing further Disturb- " ances, and putting an end to all controversies about Property as '* well as Government, between the two Provinces, and untill I am " better informed I must continue of the same Opinion. 1 am like- •' wise of Opinion, that the Point in which you say his Lordship is " so well satisfied, vizt : that the Agreement can have no Effect till *' the Lines are run, is not necessary now to be insisted on, because " our side of this Dispute can be very clearly supported, without *' having any recourse to that Agreement for Aid. " You further urge my Letter to our Justices of Kent, of the 9th " of January, (not of the 30th of December,) from whence you say PROVINCIAL COUNCIL. 520 " I am convinced of the weakness of my own Argument. But in this " you mistake Equally as in the rest. An Agreement was entred " luto in 1724 at London, by the Proprietors on both Sides, as an '• Amicable Expedient for preventing all Disturbances between the *' two Governments, which according to their own Direction, was *' published by Proclamation, and tho' Limited to a Term, yet the sub- " sequent and last words of it carry its Equity to all future time, " so long as there was an Expectation of a Compleat Agreement, & " so it was understood by your Predecessors, and especially by that " Honourable Gentleman, Benedict Calvert, Esqr., who in the pre^- " ence of divers Persons ol Worth, agreed with me, both at Annap- *' oils and Philadelphia, that it ought and should be observed by both " Provinces as the best Expedient for the same good Purposes for " which it was intended. That is, We agreed that none should be " disturbed on either Side, who had been in possession in 1724, and " we mutually declared against Shifting of Landlords, as it has " been called. By the same Agreement of 1724, it is stipulated also, " that no Surveys should be made near the Limits on either side, which *' by our Land Office, as I understand, has been carefully observed. " Now how this pacifick Agreement and what ensued upon it, should *' be construed in favour of Surveys made in Breach of it, is what " surpasses my understanding; I am told, indeed, you were pleased " to declare when last at Newcastle, that the Land Office of Mary- *' land grants its Warrants at Large, and those who purchase them *' lay them at their own Risque, where they please, and no •" Man can call them to Account for so doing till the Division Lines " are run. The plain consequence of which Position is that every " Man who gets such a Warrant, has it in his Power to carry *' a part of Maryland where he pleases, and to scatter Pieces of it " all over Pennsylvania as he thinks fitt, and then, from only calling " himself the Lord Baltimore's Tenant, may committ the greatest " Irregularities on that Spott, without being accountable to any other ^' Authority than that of his Lordship. " Bat my Care to have my Sentiments clearly understood having " carried me to a greater length than I intended, I shall only take " the Liberty to state the Case between Pennsylvania and Maryland *' as it appears to stand at present, and shall leave it to others to judge " which Government has acted the most Neighbourly part in Regard "' to the other. " Charles, Lord Baltimore, of his own Authority, about fifty years "' since, thought fitt to sett a Northern Limit to his own Province, " which for many years after was reputed the Boundary of Mary- " land, and no other has ever yet been made, that we know of, till " the late Agreement. Pennsylvania, to avoid differing with their " Neighbours, and in a continual Expectation of having the Bounds *' Settled by the joint Agreement of both Proprietors, (tho' they 521 MINUTES OF THE " thought their Province broke in upon,) have constantly kept to the '■ Northward of those Bounds to this Day. Now a solemn Agree- " ment is concluded between the Proprietors, for dividing the two " Provinces by an East and West Line, which is expressed and *' directed, and in such Plain and clear Terms that it is evident it " must run fifteen Miles more to the Southward than Philadelphia is " scituated ; while the Execution of this Agreement is in Agitation, " Pennsylvania, or some of its Magistrates, find it necessary for " Preservation of the Peace, to call some Persons who live, accord- " ing to common Computation, thirty iVliles to the Northward of " the first Line run by Charles, Lord Baltimore, and several Miles " more Northerly than Philadelphia, to account for some great Mis- " demeanours; Maryland at the same time, thinks fitt to extend its " civil Authority all those thirty Miles beyond its former ancient " Boundary, and twenty Miles beyond where they may well know " the Line last agreed on must fall, and so much at least beyond " what they have been known to possess or claim before. Now, " Sir, upon this State of the Case, if I have not mistaken it, I could •' refer it to my Lord Baltimore himself who are the Agressors, and " whether it be possible for his Lordship to believe that Lowe's Af- " fair could be set on foot on our Side, to obstruct the Execution of " an Agreement upon which, be that how it will, it can have no in- " fluence. I am, " Sir, " Your most humble Servant, " P. GORDON." Addressed thus : " To the Honble Samuel Ogle, Esqr. " Lieutenant Governor of Maryland." E. February 23d. Before the two preceeding Letters were dispatched, an Express from Maryland brought another Letter from the Lord Baltimore, bearing date the 15th instant, which being communicated to the Hon- ourable the Proprietary, the Gentlemen of the Council, ^ to the Commissioners named on the part of this Province for executing the Agreement, an answer of this day's date was, on mature Con- sideration, returned to it. His Lordship's Letter is as follows : " Sir : " I am sorry I am obliged to be troublesome to you on another PROVINCIAL COUNCIL. 52^ *"■ Affair, if possi'ble of a more notorious nature than that which hath " been the Subject of our Letters, tho' you must give me leave to ^' observe it is the first instance in His Majesty's Plantations, when ^' Rioters and People levying War against any of His Subjects, have "' been denyed to be delivered up to the Government in which the Of- " fence was committed, on proper application, and such I make no ^' djubt mine will appear to have been, in due time. " I herewith send you the Proofs of the Riot & Levying War, com- " mitted in the County of Dorset, together with the Copy of a Letter *' sent by the Justices of Kent County, not to «nter into a long ■" Detail of a Fact so clear. I do demand the following Persons, " vizt: Robert Howard, James Mojisey, Samuel BrooJv, John Howard, ♦' Arthur Steel, Robert Meredith, and one Mr. C^iamney, may be de- "■ livered up to the Sherif of Dorset County, to be dealt with accord- " ing to Law; ^' I hope Mr. Gordon will favour me with a Catego- " rical Answer, & as nothing is more acceptable to Our most Gracious " Sovereign, than that strict and Equal Justice shoidd be done to all " his Subjects, you will not deem me tenacious if I appear critic- ^' ally nice in this point. " My Arrival in this Province afforded me an opportunity of taking " more than ordinary Care that my Commissioners, in complyance *' with the Method proposed between Messrs. Penn's«Si myself, should ■" be very punctual m meeting the Commissioners of Pennsylvania, •^' at Newcastle, the first of this instant, pursuant to the adjournment " jointly made by the Commissioners on both Sides, the third of "" last November; for this Purpose I thought fiti to Nominate a new *' Commissioner, to supply the place of an infirm one, and for the ■'' same reason my Commissioners, notwithstanding the unusual ex- "" tremity of the Present Season, and the distance of place, were so " assiduous in their Journeys as for some of them to arrive at New- "" castle many days, and all of them before the day appointed. This " Behaviour on our part, might justly challenge the same strict Ob- ^' servance from the Commissioners of Pennsylvania. And 1 should " still have depended on their unwillingness of being guilty of any *' infraction, if on the sudden return of my Commissioners I bad not " been informed, that the Commissioners of Pennsylvania so little ob- " served the Adjournment made by the Commissioners on both sides, " of their meeting, at ten a Clock on Saturday, the third instant, in " the morning, pursuant to their accustomed way of proceeding, as " that not only one of them left the place of meeting abruptly, at "• the very instant my Commissioners desired to proceed on business, " of whereby there was not a sufficient Number present, but also that " the others, (tho' sent for, and repeated Declarations made hy my " Commissioners of breaking up the Meeting for their Non Atlend- " ance) seem'd willfully and obstinately to neglect attending that -=' morning, which ended the appointment made by the joitn Com- 525 MINUTES OF THE ^■^ missioners on Friday the second instant, in the afternoon I for- " bear to mention many other Circumstances, reported to me by my " Commissioners, and which too plainly shew'd a Design in the *' Commissioners of Pennsylvania, to violate the Measures Entred »» into in that particular. Was I P^nclineable to make the strict use *-' of this failure, nay, voluntary one, on the side of the Peiinsvlvania *■' Commissioners, I might not only disregard all farther Notice, but *' Entitle myself imniediately to the Forfeiture incurred by the fail- " ure of the Commissioners of Pennsylvania. But I think myself *■' not a little fortunate, by my being in my Province at this juncture, *' that I may have an Opportunity of doing in this Affair, what my '' Commissioners perhaps could not reconcile to themselves the lib- '' erty of, which is to recede in some measure from the advantage 1 *"' may claim from the proceeding of the Commissioners of Pennsylva. »' Upon this Account [ am Willing, and now offer, and have according- " ly given Directions to my Commissioners that they should meet the *' Commissioners of Pennsylvania, on the first Munday in May next, " at the town of Joppa in Baltimore County, in the Province of Ma- " ryiand, But with this salvo of all the Right, Benefit, and advan- *' tage, I may Claim from the Non attendance or Failure of the " Pennsylvania Commissioners, on the third instant, in the mornings "according to the last Adjournment. " I think myself obliged to name the place at Joppa, not only ♦' because my Commissioners have attended twice at Newcastle, but *' also by reason of a Behaviour of your Commissioners to some of " mine in Newcastle, which possibly without having the Command " over the Inhabitants, would never have been attempted, and to *' prevent any apprehension of the like Conduct from any Commis- *' sioners, 1 do assure you I shall give a strict Charge to the Con- '*■ trary. " Your humble Servt. '• BALTIMORE." E. Feb. the T5th, 1733. Addressed thus : " To the Honble. Patrick Gordon, Esq. " Gbverno? of Pennsylvania."" The Answer to which is in these Words i " My Lord : " On the 21st I received yours of the 15th instant, with a positive' «^' demand on me to deliver to the Sherif of Dorset County, seven '* Persons named therein charged by several Affidavits, accompanying '* your Letter, with a Riot committed by them in the said County, " within your Lordship's Province, and this you are pleased to call PROVINCIAL COUNCIL. 524 " Levying of War, which is certainly a very hard term for a Res- " cue, as it appears at most to have been, and without any other View " than to bring back a Prisoner, whom those People supposed to have " been unjustly taken, and carried away from his own house. But " by what ever name it is called, I find it is the same action which " I mentioned with some Concern, in a Postcript to my Letter of the " 15th of January, inclosing a Copy of what I had wrote a few " days before, to our Justices of Kent County on the Subject, " by which Copy your Lordship could not but be convinced, how " highly Disagreeable to our Inclinations here that proceeding was, *' in every part of it, and how very far I am from countenancing any " measures that might give the least Occasion of just offence to our " Neighbours, with whom it has always been my care ^ study to *• live in friendship and cultivate a good Understanding. By the " same also, your Lordship might observe, I required those Justices " to transmitt to me an exact account of that Action, and every *' particular relating to it, and I have since received their answer, '• which is much short of what I expected. Yet in General, it rep- *' resents the whole Affair so exceedingly wide and different from " what the Aflidavits your Lordship has sent me render it, that on " the one Side or the other, there must be such gross mistakes, as that " the Accounts appear no way reconcileable. The Deponents in these " Affidavits, are indeed the complaining Parties themselves, who *' therefore, doubtless have aggravated the Story their utmost, and " those from whom our Justices could have the account of it might *' be as willing on the other hand to extenuate every Circumstance. " However, as I have always believed the doing of Justice to be " the Principal duty in Life amongst all Men, and that it is more " particularly Incumbent on those placed in the Station I am hon- " oured with, and as it is evident those Men have committed a gross " Mistake, I shall, without delay, give orders for apprehending them. " But as the whole of this has arisen from these unhappy Disputes, " too common amongst Borderers, where the People are apt to con- " ceive they have different Interests, and from thence are easily irri- " tated against Each other, I take it to be absolutely necessary that " proper Endeavours should be used to come as nearly as possible to " the exact truth of the Case, which in a Court of Either Govern- *' ment might not be so easily practicable; I therefore at the same *' time, give Directions to some of our Justices of Kent, to invite " some of yours of Dorset County, which I hope your Lordship •' will approve, to joyn with them in calling upon, and strictly ex- " aming on Oath or Affirmation, every Person whatever that can be " found, who can give any account of the proceedings, or any mat- '* ter relating to it, by which the whole Truth may be impartially " collected and Known, and then I doubt not but I shall be able, and " will endeavour to give your Lordship all the reasonable satisfac- " tion you can desire. 525 MINUTES OF THE " This Affair, My Lord, I perceive by your Letter, appears very " heinous in your Eyes, and your Lordship saw that from the very *' first Notice I had of it, I was far from approving it. I am how- " ever pleased to find, 'tis the first instance of this Kind within my *' time, and as far as I can learn, before it, that any of our People *' have been charged with; for that other of which your Lordship '* so highly complains, I have fully shewn to be of a nature Entirely '* different. But on the other hand. I am well imformed, clear and ** certain Proofs could Easily be had, of several very violent Acts " committed by those of Maryland, upon the People of this Govern- " ment, near the Borders, and of several who have been taken and *' long kept Prisoners ; not for any violent Act or attempt on their " parts, but solely on occasion of those perplexing Disputes about " the Boundaries, which your Lordship so fully determined by the late *' Agreement to put an End to, and yet our Conduct has been so " different that there has not, for the twenty years past, as I am well " assured, been one Instance of any Person of Maryland committed *' to Prison, or even held to Bail by this Government, on these Dis- *' putes, (for Lowe's affair I must say is out of the Case,) one VVher- " ry excepted, who being taken in a notorious Riot, was bound over *' to our Chester Court. Yet tho' the act was clear and indisputable, " he was very easily dismissed and without Charge, on no other *' Consideration, (for his Behaviour no way entitled him to it,) than " because the action arose on the foot of these Proprietary Differ- " ences between the two t^rovinces, for which favour he immediately after made the most ungratefuU returns. ' ' To the other part of your Lordship's Letter, relating to our Com- " missioners for executing the late Agreement, I intended to answer, to- " gether with this, by the same bearer, for which reason he has been " the longer detained; but as that part not only affects our Honourable *' Proprietor, but all of us his Commissioners, and the extream bad " Roads and Weather, not allowing us to meet so early as might " otherwise be practicable, I am obliged to defer it till, pursuant to " a late Resolution, I can more fully and clearly give you their *' Sentiments, not Only on that part of your Lordship's Letter, but ♦' on the whole Affair it relates to, which will be very soon dispatch- *' od by a Messenger on purpose. " Having some days since prepared Answers to your Lordship " of the 24th of January, & Mr. Ogle's from Newcastle, inclosing " it, which were to go by the first Opportunity, I now take this of " the same bearer, to forward them, and begging your Lordship's PROVINCIAL COUNCIL. 526 " Excuse for my being still obliged to use another Hand, my own " being not yet sufficiently recovered. I remain, My Lord, " Your Lordship's " Most obedt. humble Servi. "P. GORDON." " Philadelphia, February 22, 1732-3, Addressed thus : " To the Right Honourable, " The Lord Baltimore." E. The following Letter was likewise wrote to the Justices of the County of Kent. " Philadelphia, February 26th, 1732-3. " Gentlemen : " In Answer to mine of the 9th Ulto., I received yours of the 16th " of the same, with your account, as it then came to your Knowledge, " of the Fray in Dorset County in Maryland, occasioned by some of " our Inhabitants too unadvisedly pursuing the under Sherifof Dorset *' and his Company, into their Government, since which I have very " lately received from the Lord Baltimore, a Letter of the 15th instant, " with Copies of divers Affidavits taken by his Order, and made by " his under Sherif and those who attended him, Which Affidavits '' Charge those who went out of your County, with a Behaviour very " widely different from the Account you have rendred to me of that " Action. Whereupon his Lordship has thought fitt to demand of me " that I would immediately order seven Persons, named in his Letter, " vizt: Robert Howard, James Monsey, Samuel Brook, John Howard, " Arthur Steel, Robert Meredith and one Mr. Chamney, to be deliverd " to the Sherif of Dorset, to be proceeded against according to Law. " But as on the one hand, I will not fail to see that the Govern- " ment of Maryland, or any particular Persons in it, shall have Jus- " tice done them for any Injury they may have suffered by the People '* of this Government, so on the other hand, I shall not be willing to *' deliver up any of our Inhabitants to be tryed in another Province, " untill it appear that the nature of the Case requires it. " In the mean time, it is evident on their part, they highly aggravate " what those from whom you have had your Account, may probably " have as much extenuated; therefore, in Order to have the whole truth " of the Fact in all its Circumstances, impartially collected and fully " known,I hereby direct you to invite some of the Magistrates of Dorset " County to join with you, and both in Maryland by their Authority, " and by yours in Kent, to examine and take the Depositions of every " credible Person whatsoever, that have any Knowledge of that Affair, " concerning the whole and every part of it, without any Partiality, *' Favour, or Resentment, that we may be the more fully Enabled to 527 MINUTES OF THE ♦' make a true Judgement, as well of the Action itself, as of the proper " and just Measures that are to be taken thereupon, and hereof fail not '* to return me a Minute and particular Account. At the same time ** you are also to apprehend and take into Custody, those seven " Persons above named, and either committ them or oblige them to " find good Bail to appear at your next County Court, to answer to " such Matters as will be laid to their Charge for that Action. For, " as we have always till these unaccountable Broils were set on foot, " lived amicably in the main with our Neighbours, and have endeav- " oured to maintain Friendship and cultivate a good Understanding " with them, we ought in Regard to Justice, and that our Government *' may be unblameable, to take all legal and proper Measures to give " both that Government and all such Persons under it as have re- *' ceived an Injury from any of our Inhabitants, all the reasonable " satisfaction that the Case requires. " And that you may be the better informed of what the Government " of Maryland lays to those Persons' Charge, I herewith send you " Copies of the Depositions transmitted to me, and in Case the Magis- " trates of Dorset should, on your Application, decline, as 1 hope they " will not, to join with you in this fair and Equitable Enquiry, you " must nevertheless proceed in it;and in that case, should it sc happen, "you are still to be the more careful and Sollicitous that the whole " Truth without any byass be found out and represented, that there " may not be the least Room left to suspect any manner of Injustice or '' Partiality. As also, to make a return of your Proceedings herein *' with all the Dispatch that conveniently may be, to me here, who " am, " Gentlemen, " Your Loving Friend, " P. GORDON." E. At a Council held at Philadelphia, March 5th, 1732-3. PRESENT : The Honourable the Proprietary. The Lieutenant Governor. James Logan, Thomas Laurence, ? p • Henry Brooke, Ralph Assheton. ) m ' • Clement Plumsted, The Governor acquainted the Board that the Commissioners of the Peace for the respective Counties of this Province, and those of Newcastle, Kent &, Sussex, on Delaware, tested by him as deriving PROVINCIAL COUNCIL. 528 his Authority from Springett Petin, Esquire, the Heir at Law, and Mistress Penn, the Executrix of our late Honourable Proprietor, being necessary in that Point to be altered, by Reason of the Demise of the said Heir at Law and Executrix, he had thought fitt to direct new Commissions to be issued to the same Persons now acting under the former, leaving out that part of the said Teste. But an Addition to the Commission of the Peace for the City and County of Philadel- phia being much wanted, he had appointed this meeting of the Board to consider thereof. And after some time spent thereon, the following Persons were named and agreed on, to witt : Isaac Norris, Clement Plumsted, Thomas Laurence, Samuel Hasell ; The Mayor of the City of Philadelphia for the time being; The Recorder of the City of Philadelphia for the time being ; Edward Farmer, Charles Read, Edward Roberts, Richd. Harrison, Derick Jansen, Owen Evan, Wil- liam Allen, George Boon, Thomas Griffitts, George Fitzwater, Rich- ard Martin, Lassey Bore, John Pawlin and Mordecai Lincoln, Es- quires. And their Names being accordingly inserted in a blank Commission, now before the Board, the same was signed by the Governor, ^ ordered to be forthwith sealed and delivered to the Clerk of the Peace. E. At a Council held at Philadelphia, March 19th, 1732-3 presknt: The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- nor. Isaac Norris, Ralph Assheton, ? p, Henry Brooke, Samuel Hasell. S ^^^"^'^^^• Clement Plumsted, The Governor acquainted the Board, that this being the day to which the Assembly of the Province stood adjourned, in order to enter on the Public Business of the Country, he had prepared a Draught of a Speech which he intended to make to them to morrow, and was now to desire the Opinion of the Board thereon, which be- ing read, was with a very small alteration, approved. E. March 20th. The Speaker, with the whole House, attending according to Order, the Governor spoke to them as follows : 525 MlNtfTfiS OF THE " Mr. Speaker & Gentlemen : " As I have constantly hitherto, had Reason to express rrty Satis^ " faction in the good Disposition and Zeal of the Representatives of '' this Province, for the Peace and Pr'osperity of their Country, and •« no less in their Regard and Affection to me, I have not at this time on '• your Meeting pursuant to your last Adjournment, to proceed oil " publick Business, the least Cause to doubt of the like hearty Inclina* " tlons and firm Resolutions on your Parts, to pursue with Unanimity " and all reasonable Dispatch, the same good Ends. To the obtain- " ing whereof I shall, as I have ever done, contribute my sincerest ♦' Endeavours, by which means we shall be mutually enabled the moSt •• effectually to secure the Tranquility and advance the true Honour & " Interest of the whole. *' And as I am now to lay before you such Heads as may call for " your serious Thoughts and Application, I shall first observe that " while Britain, our Mother Country, by the vigilant Care and Paternal " Affection of the best of Princes, Our most gracious Sovereign fully " enjoys the great Blessings of Peace and Plenty, yet divers of her " Colonies find themselves distressed by the lowness of the Markets " for the Staple Commodities, wherein their Trade consists. Nor are •' we in this Case happier than the rest. Whatever means therefore " can be found in any Measure to relieve us, you will doubtless be* " lieve it incumbent on them to apply them. Now, Tho' the good " Effects of the Regulations made some few years since, for retrieving " the Credit of our Flour, which had once been in the highest Reputa- " tion, were for some time after very visible, yet whether from a «' Defect in the Law itself, or Negligence in executing it, I find our '' Merchants again heavily complain of the discouraging Accounts '' they receive from their Factors abroad, of the Badness of the greater «' Part of it that has of late been Shiped from this Port, I hope there- " fore, to mention this is sufficient to induce you to make a further " suitable Provision for rendring effectual what was before so lauda- " bly intended. *' The frequent Shipwrecks in this Bay, occasioned chiefly, as »' 'tis said, by the Difficulty of its Navigation, have of late been the •• Subject of much Discourse. I find many are desirous, that accord' " ing to the Practice of other Countries in the like Cases, Buoys should «» be placed, to mark out the Channels, and Pilots appointed, under «' proper Qualifications. This, 'tis conceived, would tend to the secu- «' rity of our Shipping and Increase of our Trade, and the Charge, in " my Opinion, might easily be supported by a small rate, to be impo- " sed on every Vessell, acccording to her Tonnage. I cannot, "therefore, but join in likewise recommending a Proposal of this Na- " ture to your Consideration. " I hope it will be agreeable to you, Gentlemen, to know that the " Chiefs of the Six Nations and Shawanese Indians, having, pursuant PROVINCIAL COUNCIL. 330 *♦ to the Invitation given them, visited us last Fall, we have entred into " further Treaties with them for strengthening that Friendship which *' has so long been preserved inviolable between them and us. And as "1 cannot doubt but you are fully sensible the Continuance of a per- *' feet good Understanding with the Indians, and our Endeavours to " improve it, contribute not only to our Security, but to the Advance- " mentof the British Interest in general, I perswade myself the Ex- " pence on this Occasion, tho' somewhat large, will be chearfully de- '' frayed, especially when 'tis considered that for some years before "the Publick has been at little, if any, Charge on these" Affairs. *' Gentlemen : " The Assembly of the preceeding year having at their last ses- ♦•sion, had the Pleasure aC congratulating one of our Honourable »' Proprietors on his safe and long wished for Arrival amongst us, the " Inhabitants of this Province may now, 'tis hoped, be made sensible ♦' of the happy Effects of his Visit, by the Establishment of Property •' not only to those who previously had any just Rights to claim, but •' also to others whose peaceable Behaviour may have recommended *' them to his Regard." E. March 22d. The House this day sent up to the Governor an Address in these Words : " TO THE HONBLE. PATRICK GORDON, ESQR. *' Lieut. Governor of the Province of Pennsylvania, &c. '^ THE ADDRESS of the Representatives of the Freemen of " the said Province in General Assembly mett; " May it please the Governor : " The Unanimity and good Agreement which has hitherto subsist^ •' ed between the Governor and the Representatives of this Province, •• we hope will still continue, and be a meains to promote the Publick •' Peace and Welfare of this Government. " At the same time we express our Satisfaction for the great •' Blessings of Peace and Plenty our Mother Country enjoys, under *' the Care and Vigilance of our Gracious Sovereign, King George, •' we beg leave to say, we are very sensible of the Difficulties we la- " hour under through the great fall of our Staple, occasioned chiefly "for want of Markets abroad, the British Islands not being able to ** consume the Produce of this and the other British Northern Colo- *' nies; yet, as the Goodness of the Commodity will always recommend ♦* it, we think it our Duty to apply our utmost Attention in consideringr ♦* what the Governor has been pleased to lay before us on that Head^ ** and in the best manner we are able, to search out sUch Remedies as 531 MINUTES OF THE " may probably relieve us, by encouraging our Trade and promoting " a more advantageous Sale of our Country Produce in Foreign Mar- " kets. The Encouragement of Navigation we are sensible, is of ♦' great Importance, and any difficulties that might interrupt or hinder " its Increase, call for our immediate Attention, but by what Inlovma- " tion we have hitherto received, the few Losses that have happened " appear to us rather to be owing to Misconduct than any uncommon " Difficulty or Danger in our Bay; Nevertheless, we shall not be " wanting m giving proper Encouragement to any Proposal that '* may render the same less hazardous. " The good Understanding which, by frequent Treaties, has been " maintained between the Six Nations and Shawanese Indians and this " Province, we cannot but think justly deserves out Acknowledge- " ment, for the continuing of which we shall chearfully discharge " what may be necessarily and reasonably disbursed for that End. " As the Arrival of one of our Honourable Proprietors has been "justly attended with the joyful! Congratulations of all Ranks of " People of this Province, so we hope his Presence here will be the " Means of confirming the legal Purchasers in the quiet Possession " of their Lands, and of encouraging the peaceable and industrious " Planter to settle among us. " Signed by Order of the House. " A. HAMILTON, Speaker,'* E. March 28th. The Justices of Kent County, pursuant to the Directions sent them, having some time since transmitted to the Governor an Account of their proceedings in the Enquiry touching the Fray that had hapned on the Borders of the County, and the Affidavits of many Persons who had been examined by them; The Commissioners for running the Lines, <^c., on the part of this Province, having likewise delivered to the Honourable the Proprietary, a Report of their Proceedings in February, which being communicated to the Governor, that he might be the better Enabled toanswer the latter part of the Lord Baliimnre's last Letter, A full Answer on both these Subjects was given his Lordship, by a Letter of this Day's date, in the terms following : " My Lord : " When I last had the Honour to write to your Lordship, I was " then in hopes I should have soon after been able to send your Lord- " ship a final Answer to yours of the 15th Ulto., but the fuHfilling " my Orders to the Justices of Kent, necessarily demanding a good '• deal of time, and afterwards being commanded by Our Honourable PROVINCIAL COUNCIL. 5S^ *' Proprietor, now here, to lay before our Commissioners that part •* of y afternoon of the name day, a very ♦' extraordinary matter was offered by those of Maryland, that re- '• quired, as 'twas said, some Consultation with Artists, upon whicb " an Adjournment being proposed, the hour»of ten an4 Eleven next *' morning were named; our Comniissioneis understood Eleven was " the hour concluded on, and had the good' Fortune to be confirmed *' in it by some of y(»urs, but as they must have No Minutes, Each " it seems was left to his Liberty to hear or und'erstand as he "' pleased. Tliat our Commissioners hearing about Eleven on Sat- " urday morning, that yours were gone to the Court House, three " of ours hastned thither, while the other two, of whom one was- " then much indisposed by the Gout, were detained in finishing and " geting Copies transcribed of a Paper to be d'eliveied ta your Com- " missioners, in answer to the objection started; that one of our three " being called out to deliver a Paper, was desired to go and press *' the other two to dispatch, the better to do which he staid with *' them. During this stay, which they all agree was less than an *' hour, those repeated declarations made by your Commissioners " of bfeaking up the Meeting for the Non-attendance of ours, as " your Letter says, must have been intended, which if so made^ " were certainly unkind and ungenerous, Since it was neither " through slight to your Lordship's Commissioners or Disregard to " the Business, but pure respect to both, with an ardent desire to " do Justice to Reason and truth, that prevented them of the Pleasure " of waiting on yours Earlier. But my Lord, whatever Declarations " of this Nature might pass between your Lordship's Commissi( ners •' themselves, I cannot find by the two Gentlemen who were left " at the Court House, vizt: Messrs. Norris and Preston, whose Char- *' acters are veil known in Maryland, that any such Declarations ** were made to them, further than that Mr. Ogle appeared impiitienfy " and said he would not stay, whicb your Lordship, in your Candour " will doubtless own, differs vastly from breaking up the meeting in " the acceptation such words are always used. " But, my Lord, in the Representations made to you before writing " that lietter. we must conclude that you could not have then learn'"t '< that immediately on your Commissioners leaving the Court House " ours applyed to them to return, urging that a good deal of Busi- " ness might still be done before dinner; that tho' your Commission- " ers absolutely refused to meet on business, yet those on both sides. " except the Gentleman that was indisposed, dined sociably together; " that ours were so exceedmg nice in their Behaviour to yours, then *' their Guests, that they did not mention one Word of what had PROVINCIAL COUNCIL. 5^ ** passed, nor so tnuch as touched upon their Business, Yet that ■" alter parting they were so mindlliU of it as to apply again to yours " for a meeting, but your Lordship's Commissioners insisting that " the)' could not answer it to your Lordship to give up any advan- •" tage gained by the pretended failure ; and then dispersing them- " selves about the Town, as it were by design, Ours were obliged " to give them Notice, both by word and writing, to meet at the "' Courthouse at six o'clock in the Evening, which being wholly *' disregarded, our Commissioners again agreed to give new Notices ^' to meet on Monday' following, and tbo' access was denied to some ♦* of your Lordship's Commissioners, Yet means were found to " serve three of them therewith, which they still continued so far " to Disregard that they all left Newcastle on Sunday & returned to " Maryland. Now as all these. My Lord, are real Facts, and Facts " your Lordship knows are obstinate tilings, My Respect for your ^' Lordship will not allow me to give you the uneasiness t*hat would *' arise on collating these with the several Expressions in your Lord- " s'hip''s Letter, for you must then be sensible of the Inconsistency •" there is between a aeal in your Commissioners hastning to New- *' castle some days before they could, by the last Adjournn>ent, have " any Business there, and their precipitant haste in leaving it whera " the Business of their Commissioners was actually treating, a/nd •" our Commissioners very diligently applying to it. You would ^' further, also see what foundation your Lordship has to intitle •*' yourself to the forfeiture incurred, as your Letter says, by the ^' Commissioners of Pennsyk'ania, for wc Conceive it is not possible " that your Lordship should not well know, or that you will imagine *' we do not know, that no failure of an hour or two or three in meet- " ing the same day, can possibly incur the Forfeiture of a Penalty laid ^' in any such terms as that mentioned in the Articles is expressed " in, so that it may be easily discerned whose Commissioners they " are who, in divers Circumstances., have so plainly Shewn a design ** to Violate the Measures entred into in that particular. " As to the meeting proposed by your Lordship at Joppa, which " after a good deal of Enquiry, we are informed is a village of two *' or three houses, Scituate on the West Side of Chesopeak Bay, and " about Sixty or Seventy Miles distant from Newcastle, which last *' place, both by the Articles of Agreement and the Consent of your •' own Commissioners, is allowed to be the only proper one for be- ** gining the Work, Our Commissioners would have been glad to " have been told Seriously by your Lordship what Business they " can possibly have to do at loppa ; they conceive they can have " none that will call them within many Miles of it ; and further add, *' that having always behaved themselves towards your Lordship's " Commissioners with the greatest civility, even from a Personal " Regard for several of these worthy Gentlemen, they must consider •*' your Lordship's Insjiirtjations of some things being attempted by 537 MINUTES OF THE " them upon your Commii-'sioners, as a piece of Ridicule only. — " Upon the whole my Lord, Our Commissioners being of Opinion '• that your Lordship has no Power to appoint a meetmg, but that *' this is wholly lodged in the Commissioners ; and being conscious '* to themselves that they accepted their Commission with a firm " Resolution on their parts to execute it with all the fairness, Can- " dour and Dispatch enjoyned by li-e Articles, and with all decent " Respect towards your Commissioners, have as a further Proof of " the Sincerity of their Intentions, (tho' by the great delays given by " your Commissioners the proper Season of the year tor running " Lines, &c. in the woods is far advanced,) sent your Lordship's " Commissioners Notice to meet on the 16ih of April ensuing, at the " Town of Newcastle, the place appointed, and where alone we can " begin to run the Circle mentioned in the Articles of Agreement. "-I am. My Lard, " Your Lordship's most " Obedient humble Servant, " P. GORDON. " Philadelphia, March :<58th, 1734.'^ Addressed thus: " To the Right Honourable " The^Lord Baltimore." E. SHEKALLAMY, with Chowngharisa.Tachnichtorous and'Toutas- ariaga, coming to town on Saturday last, apply'd lo the Governor (the Proprietor being then absent,) and acquainted him that he was charged with a Message to be delivered to the Proprietor. Governor and Council, and desired they might be dispatclied as soon as pos- sible. The Proprietor returning to Town next day, A Council was held at Philadelphia, June 18th, 1735. PRESENT : The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lt. Governor. Isaac Norris, o i i * u * -> c in Ralph Assheton, } ^ Samuel Preston, c< i o u } Lsquires. ^, , ni .J Samuel Haseli. S ^ Clement Plumsted, -^ Shekallamy, with his Companions, being come, The Proprietor told him he was now ready to receive his Message; which by Con- rad Weyser, the Interpreter, was delivered thus : PROVINCIAL COUNCIL. 538 That the Reason of his coming at this time proceeds from this, that ■in the late Treaties of Friendship that have been held with the Indians, ■one chief Article is, that if either they or \\c heard any ill News, Care should be taken to maiie it known to each other. That two days before he left home, which is now seven days since, a Messenger c ime to him from the Ganawese Indians, who live be- tween Pextan and Conestogoe, with an Account that they understood the Governor of Virginia was about to send a party of Armed Men •amongst them to cutt them off", for a Murder committed in Virginia; and therefore, requesting the Assistance of all the other Indians to defend them against their enemies. But as he cannot believe that the Governor of Virginia would make War on these Indians without acquainting this Government with it, he is now come here to inform his Brethren of this matter, and to know of them what they have heard of it. That last Winter, an Indian who lives in his Neighbourhood, named Kutarioni^;cha, who is married to one Margaret, a Daughter of Mrs. Montour, came to him and asked whether he had not heard that thi' white Men designed to cutt off the Indians, he answered he had not ; that on the contrary they had lately held Treaties, by which the Friendship and good Understanding between the white People and them was more firmly Established. The Indian replyed that the friendship of the white People was from the Mouth only and not from the Heart. That She'kallamy then asked him how he ■came to know this. lie said it came to him under the Ground, i( meaning pri/itely) and added, that the Proprietor of Pennsylvania, ■Onas, whom they accounted their good friend, would have a chief tiand in their Destruction. Shekallamy being asked what he thought of this last peice of News, said that he thought the Story came from under th^' Ground of their own houses ; that is, that it arose entirely amongst them- selves. Being asked if he had any thing further to add on the Murder said to be committed in Virginia, he said he had not. He then proceeded to say: That this Spring a white man came to Pextanff from the South, and said that War was proclaimed by the white People living there against the Indians, and asked whether there was not yet any Ap- pearances of War here'/ Being asked if he himself saw this white Man or had the Account ■only from the Ganawese, he said he believed it came from these People. He said he must now complain of Peter Cheaver, an Indian Trader. That some of the Six nations, who were lately here, having taken away an old Canoe belonging to that Trader, he came to him and S39 MINUTES OF THE asked if these Indians had taken away that Canoe by his (She- kallamy's) Order ; he said he knew nothing of it. That Chraver then told iiim thai those Indians are a parcel of idle, cheating fel- lows, that came without any Authority from their People; that they were not Chiefs, but loose fellows picked up from all parts; that the present given them was in Efiect no other than robbing the Govern- mnentof so much money, and that if they had been sent down with a proper Authority they would have brought a larger Present thani two or three Skins. This Shekallamy said he must resent, as know- ing that they were true and good men, whom by order ©f this Gov- ernment he was sent to invite thither. That since the Indian Trader* were prohibited to bring Rwm amongst the Indians, Peter Cheaver, beyond all others, has brought it in very large Quantities, and gives out that he will not regard the Orders of the Government on this head. That his Behaviour is such as gives just Apprehensions, some Mischiefs may happen if he is not called away from these parts. That formerly an Order was given to the Indians to stave Rum brought amongst them, but Cheaver threatens any Indian that shall offer to touch with his; that It is to be feared he may either kill an Indian or some Indian him. That Cheaver intends this Summer to go to Allegheny, conttary to what was agreed upon between this Government and the Six Na- tions last Fall, and by this means it will prove more difficult to bring the Indians from that part of the Country. Shekallamy was desired to open himself freely about the Murder said to be committed in Virginia, and to tell his whole knowledge of that matter and his thoughts on it, that thereby the Affair may be the more truly judged of He said, in answer, that he can scarcely tell what to think of rt; he was first told that the Ganawese had killed two white Men, he has since heard that Report contradicted; that one of the young men now with him, having been lately to the Southward, informs that there appeared some Traces of the Ganawese Indians on the Bordfers of Virginia. That these Indians have brought home some Scalps with them, which they say are of Indians, but he has not seen them ; if he had, he could tell whether they were of Indians or white People ; that he could say no more on this head, and had now nothing further to add. He was told that what he had said should be considered, and they should be sent for to-morrow to receive an Answer. June 19th. A Council having been Summoned to meet this forenoon, the Messenger reported that several of the Members bad desired to be PROVINCIAL COUNCIL. 540 excused because of unavoidable Business ; so that James Logan & Clement Plumsted, Ksquires, only, attended the Honourable the Pro- prietor &■ His Honour the Governor ; who having consulted together on what had been delivered yesterday by Shekallamy, the Indians were sent for, and by the Interpreter told as follows: That this Government is very sorry that the Treatment which it has always used, and the Regard it has always shown towards the Indians, have not been sufficient to prevent them from giving out such false Reports as those which have now been brought of ill De- signs of the white People against the Indians; that surely they cannot be credited, that no good Man can believe them. They must be evil People who have spread such Reports, and we are afraid these Poople who have raised them have some particular Design in so doing ; and therefore, as they have Endeavored to im- pose them on others. It will become the Indians themselves to make Enquiry into them and discover the Authors of these Falsehoods. That we have cleared the Road between this Place and the Six Nations, and have removed Every thing that may Encumber it. — That those must be accounted wicked People who would now at- tempt to stop it up. That as these Reports appear to have come from the Ganawese, it is to be feared they have not behaved themselves well; that it will be necessary that Shekallamy, and the others with him, should go amongst these People and Enquire into these matters, and what they have been doing on the Borders of Virginia. That if one English man kills another he is punished for it, if he kills an Indian he is also punished ; and therefore, if the Indians offend against the white Men they must likewise suffer for it. That the doing of exact Justice is the foundation upon which all Governments Subsist ; by it our treaties and Chains of Friendship have been kept bright and strong, and that these may not be weak- ned, it will be incumbent in the present Case, that some Persons should forthwith go among the Ganawese and make the strictest Enquiry possible into what has hapned, and send a true and faith- full Report of the whole. Shekallamy said that our Words were good ut in the present Case those Powers are further strengthned by Instructions relating to the Affairs of Government, issued since the Demise of the Governor's Constituents, to wift : in December, 17;-{1 and March, 1732, under the Signet and Royal Sign Manual of His present Majesty, directed to the Governor by the Name of " Our trusty and vvell-beloved Patrick Gordon, Esquire, Deputy Governor of Our Province of Pennsylvania, in America." The Governor, therefore, could not but conclude tbat so unaccountable an Obstruction to the Publick business of the Province, could arii-e onlv from a Design to do him a particular Injury, and to introduce Confusion in the Administration. The Message in writing sent down to the House from the Governor by his Secretary, is in these Words— '• Gentlemen : '• I am under some Concern to find that your House is inclined to " rise and leave several matters of great Importance to the Country " unfinished. " 1 was in hopes that pursuant to your Resolves made the former "session, you would have now revived the F..\cise rn l.iqucrs, " wliich is not only a necessary fund for the discharge oi the public " Debt, but being re-established, may give a seasonable Check to «' that Looseness and Debauchery which begins ai d will coi'tinue a to overspread the Province by the unlimited number of the l^e- " tailers of Rum and Increase of Dram Shops. PROVINCIAL COUNCIL. 54-8 •■^ The repeated Complaints of the Merchants touching the Abuses ■*^' in our Flour, deserve likewise, to be considered by proper Amend- '" ments to the Bill, now in force, for regulating that great Branch of " our Trade, " These are Points that nearly aiTect us, and it would be very sat- " isfact'jry to me to know what it is that prevents your House from '" entring into the Consideration of them at this your present meeting. " P. GORDON.'' About noon two Members of the House, to witt : John Wright and Samuel Blunston, waited on the Governor, and acquainted him that they were sent, but not as from the House, only as friends, to the Governor, to lett him know that the House were under some Un- easiness touching his Message ; that they were well inclined towards the Governor, and unwilling to enter into a Contention, and there- fore, it would be agreeable to them if the Governor would please to withdraw his Message. This mysterious Management heightning the Governor's Suspi- cions of the ill Designs of some particular Persons, he declined giving any Answer to this verbal Message, till he should, in the afternoon, meet the Council, whom he had orc'ered to be Summoned, and de- sired those Members of Assembly then to attend him. F^sq'rs. P. M. At a Council then held at Philadelphia. present: The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Ralph Assheton, Clement Plumsted, Samuel Hasell. The Governor acquainted the Board fully, with the Transactions of this morning, as contained in the foregoing Narrative, and his written Message to the House being read, and the verbal one by John Wright and Samuel Blunston imparted. On due and Serious Consid- eration of all which, the Members were unanimous in delivering thfir Sentiments to the Governor, that ho ought b)^ no means to re- cede from his Message, which it was to be hoped, would oblige the House to come to an Explanation on a Point that might have Con- sequences so injurious to the Peace and good Order of the Govern'' ment. Pursuant to which Resolution, John Wright and Samuel Blunston were told by the Governor, that they might say to those that sent them : That it was with a View to the Good and Peace of the Country that he sent his Message of this forenoon : if it was misinterpreted 42 549 MINUTES OF THE by the House he was sorry for it, but that before he could" think of receding from it he must well consider that Matter. About nine o'clock at night, Israel Femberton and Robert Jones, two Members of the House, waited on the Governor, and delivered from the House an nnaddre^^sed & unsigned Paper in these Words : " Upon due Consideration of the Governor's Message of this day,- " it is the Opinion of the House, that forasmuch as we have great " Reason to believe the Governor was well acquainted with the Diffi- " cullies the House laboured under, as to their proceeding in prepa- *' ring Bills to be passed into Laws, at their Sessions in March last,. " and the same Difficulties still continuing, and the House having " now sett a whole Week, and not hearing from the Governor untill " they had agreed to adjourn, they are humbly of Opinion the " Message is unseasonable : and that entring into a further Examina- " tion of the Reasons why we do not proceed upon business at this " time, may not be agreeable to the Governor ; and therefore, the " House adheres to their former Resolution of adjourning to the 30th " day of September next." The Governor told these Members that it was too lale in the Night to give a Reply in writing, but directed them to say to the House from him : TluU no time is unseasonable to do the business of the Country, nor will it be disagreeable to him to hear Truth, and that he will make a Reply to tlieir Answer. The House, without taking Notice of this verbal Message, or so much as entring it on their Minutes, tho' it was actually reported to them, adjourned to the last day of their Term. E August 15th. Hetaquantagechty who, at the last Treaty with the Indians of the Six Nations was their Speaker, and Shekallamy, coming to Town this day, accompanied with Conrad Weyser, the Interpreter, and having waited on the Proprietor and Governor, gave them to under- stand they had a Message lO deliver, for receiving which a Council was appointed next day, and accordingly At a Council held at Philadelphia, Aug. I6th. PRKSFNT : The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATHICK GORDON, Esqr., Lt. Governor, Ralph Assheton, ? t-> c ' , u II c Esquires^ Samuel Hasell. y ^ And these two Indians : PROVINCIAL COUNCIL. 55« Hetaquantagechty by Conrad Weyser the Interpreter, said; That Tie comes hither from the Six Nations on a Message touch- ing the Treaty held here with them the last fall ; that while he was on the Road hither he was greatly troubled to hear from Shekalla- my, that a Report had been spread that some of the Ganawese Indi- ans had killed two white Men on the Borders of Virginia ; that he has made Enquiry into it jointly with Shekallamy, who he under- stands had Orders from this Government for that End, and before he proceeds to deliver the Message that he was sent upon, he is wil- ling to clear up to his Brethren this other Affair, that their Hearts ■may be easie. That Shekallamy had been at the Ganawese Town, and had made strict Enquiry into it, and found the matter to be thus : That some of these Indians having gone to War to the Southward, and killed three Indians of the Nati in oftheTootelaes, otherwise called Chaponick, they scalped twoofthem,and returning homewards they met with a Delaware Indian who had some Rum; that drinking togeth- er they fell out, and the Delaware Indian having given some provoca- tion was beaten, who having known from them that they had scalped two Indians, gave out in Revenge that those Scalps were of white People, and that lliese Ganawese had cutt off some while Men in Virginia. That this Delaware man thus spreading the falsehood wherever he came, had been the only occasion of this groundless Report, which has not any manner of Foundation, and could only arise from a bad Spirit, that would endeavour to break in upon the Friendship which had been of late so firmly established between the English and all the Indians. He therefore hopes his Brethren will give no Credit to it for that the Six Nations would certainly order the Persons, if guilty, to be punished, and hereupon he delivered some strings of Wampum. Shekallamy being asked if he had «een the Scalps, and whether he does not believe them to be of Indians, answered ; That having heard the Detail of the Fact (as now delivered) from the Ganawese, he demanded to see the Sca'ps, which were accordingly brought to him ; that he examined them carefully, and from the Marks upon them, of their hair being in some places pulled out, of its being greased and tied up in a small bundle on the top of the head, after the Indian manner, he is very positive that these Scalps are of Indi- ans. Hetaquantagechty then proceeded and said, that there has been a very great Sickness amongst the Six Nations, which they appre- hended would have almost destroyed them, and for that Reason they could not come together to consult on what was mentioned to them here last Fall. That before he came from home, a general meeting of these Nations was appointed at Onandagoe, and many of them were accordingly mett there ; that it is now a long time since they have 551 MINUTES OF THE held so genral a Meeting, and they have much Business under then* Consideration, which will prevent them from coming to Pennsylvania this Fall, to give an answer to what had been said to them, and lest the Delay should bemisinterpreted or taken ill, he was dispatched iVonn amidst that great Council, to acquaint their Breihren here with the' Reason of it. And on this he delivered some more string of Wam- pum. And added that he believed they couldnot come hither till next Spring. That this is all he had in Charge, and is the sole Occasion of his Journey, and ha.ving now delivered himsell of it, he thinks to return speedily, unless his Brethren have any thing to say that may detaitr him. He was told that what he said is very agreeable, and is well taken, and that to morrow an answer would be given them, and they should not be long detained. The Proprietor &. Governor drinking a friendly glass with these Indians, Hetaquantagechty said, that having finished the business of this Message, he would talk a little about News. He then proceed- ed to say by the Interpreter : That tlie French were at War with a Nation ol Indians called Quaquessegh-roona, whom not being able to conquer, they sent to a place called Tioghsaghrunti, lying to the Westward of the lake of Niagara, seven days' Journey from the Tsanandowans, for 800 In- dians to assist them in the Conquest, who accordingly joyned the French : that as these Indians, under tlie Conduct of a French Offi- cer, were marching along, they came tn a hunting town beloning to the Onechkarayagoe-roona, where the French Officer seeing a Bark Canoe show'd an Inclination to purchase it, and having some Rum- with him of which the Indians appearing fond, tliey said he might have it for a little of that Liquor; the Officer having given the Owner of the Canoe three small Cups of Rum, took the Ca- noe. But the Indian think'ng he had gott but very little for it, said' he must have somewhat more, which the Officer refusing to give, some Words arose, whereupon the Officer drew his Pistol, and shott the Indian, who was a Captain in great Esteem amongst the Onich- karyagocs ; the Officer then taking with him the Cnnoe went to- wards the French fort of Niagara, where they understood he was even very abusive to the French in that place who had pmbably ound fault with him for what he had done, and that he is since gone to Canada. That the Indians resenting this Abuse are naw melt togefher, and have it under Jheir Consideration how to beh^ive in this Affiiir, and he apprehends it will occasion a War with the French'; that the Onichkaryagoe Indians will endeavour to bring the Six Nations intc their Quarrell, but whether they will join with (hem or be only Med- iators between these Indians and the French, he cannut yet say. PROVINCIAL COUNCIL. 559. That two Detachments of Frer.ch are gone out with Design as 'tis believed, to make War on the Indians ; that the French have always some War on hand, but they appear more bent on it now than ever. That theie are \.\\o Nations of Indians with whom they have long wa- ged War, the jSigaserach-roona and Quaquontse-roona. That the French have sentfrom Montreal for 'I'iochtachkout, a Captain of the Tsanandmvas, who on his return will give certain Intelligence howthe French stand affected towards the Indians. That many of the Al- lies of ttie Six Nations have been cutt off* by the Small Pox; that there was never known so trreat a Mortality amongst them as of late. That this is all the News he has now to tell, and should be glad to know if his Brethren can inform him of any that they have learnt. He was told that the English were in Peace with all Nations ; that the Great Kings of England and France were in Peace with each other, and that we had no news of any Importance to acquaint thera with. He said that the Indians had understood several of the English Governors on the Continent were to meet at New York, and that a meeting of such great Men together, had raised their Curiosity to knovv what it could mean. They were told Vi'o knew of no such Appointment. We had heard that some of the Governors to the Southward intended to travel this way, but we believed it was only to pay friendly Visits to their Brethren in these parts. Thus the Conversation ended. August 17th. The Proprietor, Governor, and some Members of Council being mett, the Indians were sent for, and by the Interpreter spoke to as follows : Brethren : We are well pleased to see you, otir good friends, Hetaquanta- gechty and Shekallamy ; you are very welcome to us. We have considered what you have said, and it is to our good liking. Four of the Ganavvese Indians came lately here to Satisfy us of their In- nocence of that wicked Charge which some ill mmded Persons had loaded them with, and they related the whole matter agreeable to what you have now delivered, so that we have no Reason now to entertain any ill thoughts of them. We believe they have been wrong- ed, and are very sorry that there should be any Person so ill inclined as to raise a Report that might create the least Misunderstanding ibetween the Indians and us. You have done, however, as true 553 MINUTES OF THE friends and brethren ought to do; jou have enquired into the nrrat- ter and satisfied ws further. We now think no more of it. We desire that Hetaquantagechty on his return to the Six Nations- may tell them, that we are sorry to hear of the Sickness that has- raged amongst them, and are glad it is now over. We take kindly their sending to acquaint us with the Reason why they connot visit us this Fall, and return an answer to those Articles on which we treated together last fall. As they are now all melt together in a great Assembly, we hope their Councils will be directed aright to- their own Peace and Good, & to the further Tmprovemeat of that good Understanding which has so long continued between them and' all the Subjects of the Great King of England. And havingr now the 0|iportunity of Hetaquantagechty, who expects to gett to Onan- dagoe before their great Council rises, We must desire him to putt their Chiefs in mind that at our last Treat}'- we made it one Article :. That they should give the strictest Directions to their Warriours, who are often too unruly, not to come amongst or near to the English Settlements, and especially that they should never, on any account, rob, hurt or molest any English Subjects whatsoever, either to the Southward' or else where. We are now sorry to tell them that some of their Warriours passing near to some English Settle- ments at Pextang, about the beginning of this Month, have be- haved themselves very disorderly ; they killed several Hogs, cutt down Corn, and threatned to do further Mischief. We hope at their Great Council, they will take efTectual Care ta prevent, for the future, the like Abuses; for we must be just and true in all things, to each other, a.s becomes true friends ai^d Breth- ren, who have one & the same Interest. Hetaquantagechty said he had been informed that some Sows had been lately killed at Pextang, but it was not done by the Indians of the Six Nations, for none of their Warriours have been lately that way ; he understands it was done by sonae of the Shawanese. He was told it might be so: the Tnforrnation in that point might be wrong ; but as the Six Nations have the Command over all the Indians, it is in their Power to prevent abuses of this Sort, and vve hope they will give Orders accordingly. They were then told that a small Present would be given them for their trouble, and that we had nothing further to add, but to wish them a safe Journey homewards. Whereupon, the Indians taking Leave of the Proprietor and Gov- ernor. departed. It was ordered that forty Shillings be given Shekallamy, and Goods to the value of thirty Shillings to Hetaquantagechty, and that the Treasurer pay the sa,me, together with the Changes of their En- tertainment. E- PROVINCIAL COUNCIL. 554 At the Courthottse of Philadelphia, August 17th, 1733. PRESENT : The Honourable the Lt. Governor. With severals of the Magistrates. Ninety Palatines, who with their Fanfiilies, making in all Two hundred & ninety one Persons, were imported here in the Ship Samuel of London. Hugh Percy, Master, from Rotterdam, but last from Deal, as by Clearance thence, this day took & subscribed the Effect of the Government Oaths, & also the Declaration prescribed hy the Order of Council of the "Cllst of September, 17^27, & their Names are as follows : Hans Peter Frey, Johan Leuistanwallnor, Hans Georg. Strohaver, Elias Tayler, Abraham Koen, Fred rich Koen, Johan Johan Zimmer, Jacob Rausher, Christian Krop^ Henrich Bishof, Hans Jurg Ruck, Hans Georg. Ruck, Hans Jacob Ruck, Peter Koentz, Hans Jacob Ridt, Hans Leonard Lechner, Hans Jurg Peck, Andreas Frey, Fried rich Lieby, Friedrich Aldorfer, Michael Smiet, Matthias Ley, Hans Peter Bristell, Michael Sturtzebach, Hans Melchiec Fries, Hans Wervell, 'Hans Jurg Wervell, Martin Shibe, Hans Leonhart Wolf, Hans Casper Joost, Solomon Miller, Hans Wolf Eiseman, Hans Jacob Hoff, Hans Jacob Malthis, Johan Leonhart Weyss, Johan Jacob Crisinger, Johan Philip Hetser, Gilian Schmied, Christian Lausel, Hans Casper Eiseman, Malcher Wagner, Justus Sim.onius Wagner, [lans Jacob Kummerlin, Hans Adam Lang, Michael Probst, Jobs. Michael Probst, Hans Georg. Zoller, Johan Casper Korber, Johan Henrich Fisher, Andreas Wagener, Johan Koofman, Johan Henrich Adam, Johan Wilhelm Fisher, Casper Muhlhaus, Andreas Weltz, Hans Casper Brenner, Jacob Fegley, Johan Lorig, Johannes Shnap, Lorentz Shnap, Martin Wonner, Henrich Peter, Peter Hansminger, Johan Conrad Kempf, Christian Kempf, Gilbert Kempf, Henrich Rohd, Peter Cornelius, Jacob Gerkehouser, Nicolas Kan, T lans Leonhart Emiger^ Marcus Klein, Johan Peter Kno'ole, Elias Hasele. 525 MINUTES OF THK Henrich Aller, Peter Haller, Johan Caspar Schafner, Jacob Kraler, Peter Drochsel, Ulrick Flichrer, Hans Adam Frickrott, Henrich Fesseler, E. Lorentz Syboot, Hans Bern hard Trosseli'j, Henry Meder, Christian Danner, Caspar Martin, Hans Peter Mock, Valentine Snyder- At the Courthouse aforesaid, August 27th, 1733. prksent: The Honourable the Lt. Governor. And seveiais of the Magistrates. Fifty eight Palatines, who with their Families, making in nlF ('ne hundred & seventy two Persons, were imported here in the Ship- Eliza, of London, Edward Lee, Master, from Rotterdam, but last from Dover, as by Clearance thence, were qualified as belbre, ^y their Names are : Johannes Krichner, Johan Philip Sover, Johannes Mehn, Johan iMichl. Grovui, Johan Georg. Petry, John Hendrich Shitts, Conraad Shoot, Johan Philip Foust, Michael Ruht, Johan Henrich Tenich, Corab Hetrich, Henrich Stens, Hans Peter HofTmanv Johannis Young, Johan Peter Foust, Johan Philip Foust, Jacob IViichael Elbe, U I rich Shoe, Jacob Shuh, Johannis floats, Matthias Whiedman, Henrich Still, Simon Linder, Simon Linder, Junr. George Friedrich Onsell, Michael Faeber, Aran Spogener, Stephan Lauinan, Hans Yerech Perger, Jacques Bennett, Wolfgang iMulIar, Jacob Mullar, Simon Schearman, Jurig Shearman^ Johannis Knoll, Jacob Koobler, Frantz Weiss, Johan Dobah Troud", Jurich Ore, Johannes George Oder, Jacob Server, Jacob Server, Junr. Rudolph Server, Jacob Housenwart, Jacob Henrich, Johan Henrich Tabas, Jacob Ziltell, Johan Philippus Smittj, Hans Jurg Nordt, Jacob Dillinger, Andreas Klipsedle, Georg. Henrich Murtz>, Johan Ulrich Ccol^ Jcjliannis Fageley, Henrich Strieker, Michael Ranhard,. Balser Mets, E. PROVINCIAL COUNCIL. Hans Jacob Mets. 556 At the Courthouse aforesaid, August 28th, 1733. The Honourable the Lt. Governor, With Severals ofihe Magistrates. Eighty four Palatines, who with their Families making in all Two hundred & twenty six Persons, were imported here in the Ship Hope, of London, Daniel Ried, Master, from Rotterdam, but last from Cowes, as by Clearance thence, were qualified as before, ^ their Names are : Peter Arant, Daniel Rott, Hans George Wyneck, Frantz Ratsell, Andreas Louck, Herman Arand, Jobs. Henrich Noumich, Jolian Adam Retsel, Hans Georg. Crylberger, Ulrich Wisseler, Ulrich Rheiiihart, Hans Grumbacher, Hans Stayman, Peter Stayman, Hans Stayman, junr. Christian Stoudar, Hans Rat, Nicholas Timberman, Hans Timberman, Joseph Fleure, Joseph Fleure, Johannis Fleure, Christian Kur, Michael VVhitmar, Ulrich Whitmar, Peter Whitmar, Peter Esleman, Christian Esleman, Ulrich Loninacre, Ulrich Loninacre, Junr. Jacob Loninacre, Jacob Burcki, Hans Snabley, Christian Blank, Hans Georg. Weidnar, Hans Georg, Brimmer, Fredrich Becker, Jacob Lochbaum, Rudolph Brock, Christian Reblet, Barnard Keller. Conrad Rouf, Jourg Richter, Henrich Shmiet, Johan Leond. Stuin, Hans Jurg Kohler, Johan Michl. Beyss, Hans Jurg Hofnam, Peter Schmid, Johan David Dupshler, Johan Jacob Meckli, Johan Eorl Grop, Bastian Tsyster, Henrich Humberger, Hans Leond. Humberger, Peter Seylei, Christian Yoniley, Andreas Besinger, Georg. Henrich Kneysman, Georg. Michael Fraitler, Hans Jurg Gobal, Hans Jacob Guber, Johan Christopher Cunnaway, Johan Adam Simon, Abraham Miller, Jacob Bart, Henrich Tace, Benedick Wise, Martin Spittlemayer, Hans Adam Spittlemayer, 557 MINUTES OF THE Michael Ably, Jacob Robmun, Wilhelm Krans, Hen rich Fegeley, Matthi.is Fegeley, Barnard Fegeley, Hans Michl. Slenbard, E. Stephen Slunaeker, Abraham Grauttcr, Hans Jacob Shumbur, Daniel Haselman, Rudolph Shnebley, Hans Michl. Shreyack, Jacob Shrevack. At the Courthouse aforesaid, September 18th, 17S3. PRESEST : The Honourable the Lt. Governor, And Severals of the Mag;istrdtes. Sixty seven Palatines, who with their Families, making in all One hundred eighty seven Persons, were imported here in the i3riganteen Pennsylvania Merchant, of London, John Stedmm, Mr., from Rot- terdam, but last from Plymouth, as by Clearance thence, were quali- fied as before, & their Names are : Joh^n Klem, Gotleb Klem, Georg. Sholts, David Sholts, Andreas Moseman, Christian Moseman, Hans Burkhard, David Burkhard, Johan Schonfeldt, Johannes Naiis, Peirre Marot, Adreas Kleym, Jacob Klevm, George Sh^iit, Johannes Riegel, Jobs. Riegel, Junr. Daniel Riegol, Andreas Oullenbacher, Johan Valentine Presel, Michael Waller, Carolus Burkhard, Johan Philip Weynandt, Jacob Knop, Jacob Ott, Johan Michael Ott, Lutwig Evald, Michl. Ludvvig, Daniel Ludvvig, Philip Smeyer, Alexander Casser, Pieler Roodt, Hans Lauer, Matthias Kish, Johan Michl. Stoudt, Johan Just Ulveyn, Philip Angulberger, Micheal Seydbender, Johan Daniel Endt, Johan Valentine Endt, Johan Peter Sayling, Adam Volimer, Hans Georg. Winter, Hans Martin Sauter, Frederich Gotz, Johannes Mihm, Peter Smit, Johan Adam Beyer, Job Christo. Yslebach, Michael Kelchner, Georg. Bartol ShefTer, Paul us Sheffer, Andreas Vry, Bernhard Maus, John Ludvvig Sees, Andreas Boyer. Hans Georg. Hauk, Peter Straub, Johan Jacob Karse, PROVINCIAL COUNCIL. 558 Christian Hook, Hans Jorg Grondt, Jerg Adam Koch, Fredrich Glass. Johannes Gordner, E. Matthias Beichler, Justus Osterut, Johan Georg. Groom, Hendrich Smit. At the Courthouse aforesaid September 28th, 1733. PRESENT : The Honourable the Lt. Governor, & Sevcrals of the Magistrates. Forty three Palatines, who with their Families, making in all One hundred thirty seven Persons, were imported here in the Briganteen Richard & Elizabeth, of Philadelphia, Christopher Clymer, Mas- ter, from Rotterdam, but last from Plymouth, as by Clearance thence were qualified as before, &; their Names are : Franlz Schuller, Jacob Grib, David Mertz, Hans Michal Mertz, George Leap, Johan Conrad Leap, Philip Jacob Edelman, Matthias Bousser, Matthias Bousser, Junr. Philip Mire, Christian Bousser, David Edelman, Adam Spohn, Jacob Hennel, Michael Wise, Johan Georg. Shufard, Johan Yost Heck, Jacob Huntsider, Hans Jacob Lebegood, Jacob Herman, Hans Jacob Uts, Hans Jurk Uts, E. Hans Peter Somey, Hans Jacob Somey, Hans Peter Somey, Junr. Otto Fredrick Somey, Joseph Shumaker, Ulrick Burghalter, Johan Nicol. Segar, George Schenemansgruber, Matthias Beck, Johannes Wollett, Henry Winterberger, Hans Sherer, Jacob Krist, Marcus Krist, George Angsted, Marcus Bigler, Philip Duderman, Johannes Weber, Johannes Rosensteel, Abraham Wootring, Matthias Rehsh. At the Courthouse aforesaid, September 29th, 1733» PRESENT : The Honourable the Lt. Governor, & Severals of the Magistrates. 559 MINUTES OF THE Thirty four Palatines, who with their families, making in all One hundred & Seventy Persons, were Imported here in the Pink Mary of Dublin, James Benn, Master, from Rotterdam, but last fron Plymo. as by Clearance thence, were qualified as before, & their Names are ; David Karker, Hans Georg. Horlocher, Gottfried Riech, Johannes Yorde, Andreas Dries, Cornelius Dries, Peter Dries, Johan Adam Dries, Jacob Spingler, Peter Hite, Elias Strickler, Johannes Strickler, Johan Michael Noll, Philip Thomas Trump, Henrich Sower, Johannes Wingertman, Christian Blaser, Johannes Teutscher, Joh. Peter Teutscher, Johan Georg. Ribble, Jacob Frank, Johan Arnold Billig, Fredrich Funk, Michael Friedly, Johannes Reichenbach, Nicolaus Sowter, Johan Martin Brown, E. Andreas Nay, Philip Jacob Rothrock, Johannes Rothrock, Christiiti Sooter, Hans Michael Himmer, Johan Michael Teel, Georg. PfaHenberger, Jurk Pfaffenberger, Jurk Derey, Christian Retelsberger, Jacob Hoffman. Fredrich Durflinger, Asimus Rambach, Hans Michel Keller, Jacob Berkel, Hans Jacob Berkel, Nicolaus Mauritz, Baltzer Breuninger, Johan Adam Werner, Jorg. Fredrich Kehler, Peter Apple, Johan Peter Kettall, Johan Jacob Gehtel, Johannes Lap, Johannes Slabach, Johan Henry Slabach, Jacob Lesher. At a Council held at Philadelphia, Oct. 4th, 1733. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Thomas Laurence, "j Samuel Preston, Ralph Asshetor^, > Esquires. Clement Plumsted, Samuel Hasell. J The Governor acquainted the Board, that having'received the Re- turns of the Elections of Sherifs & Coroners for the ensuing year, throughout the several Counties of this Province, he had Summoned PROVINCIAL COUNCIL. 560 a Council to meet yesterday, to advise him in his Nomination to those Offices. But a Quorum of t*ie Members not coming together, he had proceed to appoint the following Persons to witt : For the City and County of Philadelphia. Septimus Robinson & Andrew Robeson, being returned for Slierifs, and Owen Owen and John Roberts for Coroners ; Septimus Robinson was appointed Sher- if, & Owen Owen Coroner. For the County of Bucks. John Hart and John Hall being re- turned for Sherifs, and VVillam Atkinson & Benjamin Field for Cor- oners, John Hall was appointed Sherif & William Atkinson Coroner. For the County of Chester. John Parry & Richard Jones, be- ing returned for Sherifs, and Anthony Shaw & Robert Park for Coroners ; John Pai'ry was appointed Sherif and Anthony Shaw Coroner. For the County of Lancaster. Robert Buchannan & David Jones being returned for Sherifs, and Joshua Lowe and Samuel Bethwell for Coroners, Robert Buchannan was appointed Sherif, and Joshua Lowe Coroner. And Commissions were ordered to them on their giving Security as the Law directs. The Governor then laid bc'ore the Board the Return from the County of Newcastle, of the Election of John Gooding & Henry Newton for Sherifs, & His Honour representing that though he en- tertained a good Regard for the former, who had behaved well in his Office, yet as he had been Sherif of that County four times with- in these last Seven years, and that tlie latter had now been thrice returned Successively, and still rejected, he was inclined to favour Newton, by making Tryal of him ibr the ensuing year; that being sensible an Objection had been formerly made to Newton, on Ac- count of his Circumstances, he was therefore desirous to have the Opinion of the Board herein. It was upon this observed, that if Newton could give good Security for the Execution of the Office, as he said he was well able to do, that Objection would be fully answer- ed; but some of the Board being of different Sentiments, the Voices of the Members wore taken, & Messrs. Norris, Preston, Laurence and Assheton declaring for Newton, Sr Messrs. Plumsted, & Hasell only, for Gooding, the former was appointed, arid a Conimission was ordered to him accordingly, he giving good Secuiity m the manner directed by the Laws of the Counties. Henry Gonne and Robert Robertson being return'd for Coroners for thit County, the former is appointed to that Office. A Return of the high Road lay'd out from the tov/n of Lancaster in the County of Lancaster, pursuant to an Order of this Board, bearing date the 29th day of January 1730-1, being this day read in these Words : " Tn the Honourable Patrick Gordon, Esqr., Lieut. Governor of " the Province of Pennsylvania, in Council. ' WHEREAS, upon the Petition of the Magistrates, Grand Jury 561 MINUTES OF THE *' and other Inhabitants of the County of Lancaster, presented to the " Governor in Council, praying that proper Persons might be ap- " pointed to view and law out a Road for the Pubh'ck Service, «' from the Town of Lancaster, till it should fall in with ye " high Road leading to the Ferry of Schuylkill, at High Street, " and that a Review might be had of the said Publick Road in the " County of Chester. " The Prayer of which Petition being granted, it was ordered that *' Thomas Edwards, Edward Smout, Robert Barber, Hance GraafT, •' Caleb Pierce, Samuel Jones and Andrew Cornish, of the County " aforesaid, or any five of them, should view and lay out by Course " and Distance, a Convenient high Road, from the Town of Lancas- " ter, to the Division Line between the said County, and the County " of Chester, and that Thomas Green, George Aston, William " Paschali, Richard Bufiinglon, William Marsh, Samuel Miller and " Robert Parke, of the County of Chester, or any five of them, " should then join the above named Persons, of Lancaster County " or any five of them, in continuing to lay out the said Road from ''• the Division Line aforesaid, till it should fall in with the King's *' high Road, in the County of Chester, leading to Philadelphia, and " make Return thereof to that Board. " And the above named Persons were also Impowered jointly to " Review the said high Road within the County of Chester, and '' Report the alterations necessary to be made therein. " Now these may certify, that pursuant to the said Petition and " Order, Thomas Edwards, Edward Smout, Robert Barber, Hance " Graaffand Samuel Jones, ofthesaid County of Lancaster, met at the " Town of Lancaster aforesaid, on the fourth day of this instant, " and from thence viewed and laid out a Road from the Courthouse " in the said Town, along the Course of the Street, East 3 Degrees, " Northerly 144 perches, thence East 8 Degrees, North 1 08 per- " ches, thence East 16 Degrees, South 282 perches, to the East side " of Conestogoe Creek, thence East 5 Degrees, South 25 perches, " thence East 10 Degrees, North 190 perches, thence East 6 De- " grees, South 1271 perches, thence East 4 Degrees, South 696 " perches, thence East 10 Degrees, North 90 perches, thence East " 74 perches, thence East 6 Degrees South 820 perches, thence " East 13 Degrees, North 80 perches, thence East 6 Degrees, South " 406 perches, thence East 8 Degrees, South 94 perches, thence " East 6 Degrees, South 80 perches, thence East 52 Degrees, South "118 perches, thence East 13 Degrees, South 160 porches, thence " East 364 perches, thence East 19 Degrees, South 490 perches, " thence South 41 Degrees, East 40 perches, thence East 27 De- '* grees, South 68 perches, to the aforesaid Division Line, near the *' English Church, and then being joyned by George Aston, Rich- ^' ard Buffington, William Marsh, Samuel Miller and Robert Parke, PROVINCIAL COUNCIL. 562 " of Chester County, continued the same through Chester County, •' East 27 Degrees, South 30 Perches, thence East 51 Degrees, " South 54 perches, thence East 5 Degrees, North 188 perches, •' thence East 25 Degrees, South 246 perches, thence hast 7 De- *' grees. North 80 perches, thence East 10 Degrees, South 60 per- " ches. thence East 25 Degrees, South 74 perches, thence East 38 " Degrees. South 48 perches, thence South 44 Degrees, East 42 per- " ches, thence East 25 Degrees, South 190 perches, thence East 35 " Degrees, South 48 perches, thence Kast 15 Degrees, South IV2 por- " ches, thence East 5 Degrees, North 216 perches, thence East 17 •* Degrees, South 60 perches, thence East 13 Degrees, South 60 per- " ches, thence East 10 Degrees, North 130 perches, thence East 26 *' Degrees, South 60 perches, thence South East 52 perches, South " 26 Degrees, East 40 perches, thence East 35 Degrees, South 56 " perches, thence East 15 Degrees, South 36 perches, thence East " 5 Degrees, South 121 perches, to the West branch of Brand}- wine " Creek, thence East 26 Degrees. South 41 perches, thence East 8 " Degrees, South 32 perches, thence East 82 perches, thence East "17 Degrees, South 46 perches, thence East 6 Degreess South 58 " perches, thence East 20 Degrees, North 72 perches, thence East 5 *' Degrees. South 54 perches, thence East 15 Degrees, South 54 perches " thence East 30 Degrees, South 146 perches, thence East Souther- " ly down, the several Courses of a hill 210 perches, thence East " 5 Degrees, North 288 perches, ihence East 13 Degrees, South 30 " perches, thence East 11 Degrees, South 100 perches, thence East " 26 Degrees, ^''outh 56 perches, thence East 51 Degrees, South 20 " perches, thence East 15 Degreesj South 66 perches, thence East " 10 Degrees, South 42 perches, thence East 10 Degrees, North " 194 perches, thence East 15 Degrees, North 138 perclies, thence *' East 40 Degrees, North 100 perches, to the East branch ot Bran- " dywine Creek, near Thomas Moore's Mill, thence East 17 I'egrees, " North 86 perches, thence east 43 Degrees, North 114 perches, " thence East 35 Degrees, North 392 perci-es, thence East 16 De- " grees. North 216 perches to the aforesaid publick Road, near the " house of John Spruce, containing in the whole Thirty two Statute " miles. " And we conceive the same, as it is now laid out through the said *' Counties, is done the nearest ^- most Commodious way, & in the " best manner to answer the purposes intended thereby, which the " Scituation of the Lund would admitt of, and as little to the Incon- " venience of the Inhabitants as possible, without Damaging the said " Road ; we therefore humbly pray the same may be confirmed. " And we further beg leave to say, that being unprovided with a " Copy of the Records of the aforesaid public Road, through t'hes- " ter County, &, the Lands contiguous to the said Road being mostly '* Improved, &, at present under Corn, we find ourselves uncapable 563 MINUTES OF THE " to discover where the same hath been altered from its true Course^ " (to the Dimage thereof,) and also conclude the present Season of *' the year Improper lor a Review. Given under our hands the ninth *• day of June, Anno Dom. 1733. " Tho. Edwards, " Geo. Aston, " Edward Smnut, " Richard Buffington, " Robert Barber, " William Marsh, " Hans GraafT, " Samuel Miller, " Samuel Jones, " Robt. Parke." The Board, on due Consideration had of the said Return, togeth- er with the Draught accompanying it, doth approve and confirm the Road laid out, as in the said Return mentioned, which is hereby de- clared to be the King's Highway or Publick Road, and IT IS OR- DERED that the same be forthwith cleared, and rendered commo- dious for the Public Service. And to the End that the said Road may be continued to the Ferry- on Schuylkill at high Street. It is further ORDERED, that the Re- cords of the Public Road through the County of Chester, and till it falls in with the Road of Philadelphia County, leading to the said Ferry be searched, and that the same Persons of Chester County, who have already laid out the Road so far as in the above Return is mentioned, be continued on that Service, to bring the Road to the Verge of Philadelphia County, and when it falls in therewith, that Richard Harrison, Hugh Evans. Robert Roberts, Samuel Humph- reys, David George and John Warner, or any four of them, contin- ue the said Road to the Ferry aforesaid, at High Street, and make Report of the same to this Board. E. October 6th. Out of Council. Returns of the Elections of Sherifs and Coroners for the Counties of Kent & Sussex, being presented to the Governor, the following persons were Appointed. For the County of Kent. Daniel Rodeney & Csesar Rodeney being returned for Sherifs, and Nicholas Lockerman, & John Wells for Coroners, Daniel Rodeney is appointed Sherif, :: " ica, and in his Absence, to the Lieutenant " GEORGE R. " Governor or Commander in Chief of Our " said Colony, for the time being. GIVEN at " Our Court, at Hampton Court, the third day of " August, 1733, In the Seventh year of our Reign. " WHEREAS, Our Late Royal Father was graciously pleased, " upon the Application of Springe t Penn, Esquire, Grandson and " Heir at Law of William Penn, Esqr. deceased. «fe Hannah Penn, " Widow, Relict and Executrix of the said William Penn, late Pro- " prietor and Governor in Chief of the Province of Pennsylvnnia, " in America, under certain Provisoes, to approve of Major Patrick " Gordon, to be Deputy Governor of the said Province, without " Limitation of time, and of the three Lower Courities of Newcrisile, " Kent 8r Sussex upon Delaware, during His Royal Will and Plei- " sure (inly: And Whereas, by the humble Representation to Us of " John Penn, Thomas Penn, and Ricliard Penn, Enquires, the only " SurvivintT Sons of the said late William Penn, they set forth, that 567 MINUTES OF THE " the said Springftt & Hannah Penn being both Dead, they, the said •' John Fenn, Thomas Penn and Richard Penn, have continued the •' said Major Patrick Gordon in the said Government, and have most •' humbly prayed Our Gracious Allowance and Approbation of him, " to be Deputy or Lieutenant Governor of the said Province and *' Counties, We have been graciously pleased to condescend to their •' request, and have declared Our Royal Approbation of the said «' P.iirick Gordon, to be Deputy Governor of the said Province of »' Pennsylvania, without Limitation of time, and of the said three '' Counties of Newcastle, Kent ^- Sussex, during our Royal Will and *' Pleasure only, upon the said John, Thomas and Richard Penn's «' having made a Declaration under their Hands and Seals, in the " usual Form, for saving the Rights claimed by Us to the said three " Counties; Provided the said Major Gordon do qualify himself for " that Trust, in such manner as the Law requires, and give good " and sufficient Security, beiore you or the Commander in Chief of " Our Colony and Dominion of Virginia, lor the time being, to whom ♦• he is to apply himself for that purpose, for the observing the Acts " of Trade and Navigation, and for his Obeying such Instructions " relating thereto, as shall be from time to time sent him from Us, " or any Acting under Our Royal Authority. Our WILL AND " PLEASURE therefore is, and We do hereby Authorize and Com- " mand you, to administer the Oaths required by Law to be taken, " by the said Patrick Gordon, upon this Occasion ; and the usual " Oath of Office. And that you do take, in Our Name, sufficient " Security in the Penally of two Thousand Pounds Sterling, for his " the said Patrick Gordon's, observing the several Acts of Trade " and Navigation, and obeying such Instructions relating thereto, " as shall be from time to time sent to him by Us, or any Acting " under Our Royal Authority. Which Securitys you are forthwith " to transmitt to Our Commissioners for Trade and Plantations, in " Order to be laid before Us in Our Privy Council. " G. R." The Governor, addressing himself to the Proprietary, returned hearty thanks to him, and the other Gentlemen ot his Honourable Family, for this fresh Instance of their great Favour and Kindness to him, & added, that it should be his constant Endeavour to demon- strate his Gratitude, by an exact and faithfull Discharge of his Duty towards their Family, and the Public, to the best of his Power and Ability. The Members having congratulated the Governor on his new Ap- pointment, and some inscourse having passed on his intended Jour- ney to Virginia, the Council Adjourned. E. PROVINCIAL COUNCIL. 568 October KUh. The Representatives of the freemen of this Province, elected the first instant, having mett yesterday in Assen?bly, (the fourteenth falling on a Sunday,) and proceeded to the choice of a Speaker, no- tified the same by a Message to the Governor, why having appointed this forenoon for receivmg them, they attended accordingly. And Jeremiah Langhorne, Esquire, addressing himself to the Gov- ernor, acquainted him that the House had thought fitt to chuse him to be their Speaker, but he desired His Honour would please to direct them to proceed to the Choice of one more fitt to fill that Office, lest through his Insufficiency, the Publick Business should be impeded. The Governor answered, that having long entertained a good Re- gard for Mr. Langkorne, he very readily must approve of the Choice of the House, and could not doubt that Gentleman's Abilities for ex- ecuting the Office. The Speaker then made the accustomed Requests to the Governor, for the Maintenance of their Rights and Privileges, in the full use and due Exercise of which His Honour having assured them of his Protection, they withdrew. P. M. A Message from the House was brought to the Governor, that they intended with his Approbation, to adjourn to the 19th of November next; but His Honour having signified to them his intended Journey to Virginia, and that the 1 7th of December might be more Suitable, lest he should not be able to accomplish that Journey so soon as he could wish, the House agreed thereto, and adjounrned themselves ac- cordingly. E. At a Council held at Philadelphia, October 27th, 1733. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Clement Plumsted, ) r-^ T NT • -n 1 I A I .^ r Esquires. Isaac N orris, Ralph Assheton. ^ The Governor having imparted to the Board his Resolution of setting out tomorrow for Virginia, acquainted them, that as in his Absence the Care of the Pulilick would devolve on them, he had now called them together that he might name two Gentlemen, who with the Consent and Approbation of our Honourable Proprietary, 669 MINUTES OF THE were judged proper to be added to the Number of Councellors, and by his Dircciion had been spoke with on this head. That the Mem- bers being but lew, and severals of them residing mostly in the Country, it had often been found difficult, on emergent Occasions, to gett a su(Ficient Number together to form a Council ; that therefore, an Addition is not only much wanted, l)ut at this Juncture is highly necessary. He then named Thomas Griffitts and Charles Read, Esquires. The Board Expressing their Satisfaction with this Nomi- nation, the said Gentlemen were introduced by two Members, and Mr. Griffitts having taken and subscribed the Affimations and Dec- larations enjoyned by Law to be taken, by those called Quakers, with au Affirmation for the faithful! Discharge of his Office as a Councellor. Mr. Read having also taken and subscribed the several Oaths and Declarations by Law directed, and an Oath fur the faith- full Discharga of his Duty as a Councellor, they took their Seats at the Board. The Governor then recommended to them the Preservation of the Peace of the Government, and whatever else concerned the Pub- lick, during his Absence, which he assured them should be as short as possible. The Members joyned in their good Wishes for the Governor's prosperous Journey and safe Return, and taking Leave of him, the Council adjourned. Great Numbers of the principal Gentlemen & Inhabitants of the City, came next day to pay their Compliments to the Governor, before his Departure, and waited on him to the Sloop, on board which His Honour, with the Gen- tlemen who intended to accompany him, embarqued in the afternoon. E. At a Council held at Philadelphia December, 1st. present: The Honourable THOMAS PENN, Esqr. Proprietary. The Honourable the Lieutenant Governor. James Logan, Ralph Assheton, "^ Isaac Norris, Samuel Hasell, ! ^ Samuel Preston, Thomas Griffitts, psquires. Clement Plumsted, Charles Read. J The Governor returning yesterday to Philadelphia, waited of the Proprietary, and now expressed his Satisfaction in meeting (he Mem- bers of Council, and on finding the Government in good Order and Tranquility, he thanked the Board for their Care, and they joyned in congratulating him on his sale Arrival in his Government. PROVINCIAL COUNCIL. 570 He then informed tlie Proprietary and Board, that in Obedience to His Majesty's Commands, signified by the Instruction under His Royal Sign Manual, to the Governor or Commander in Chief of Virginia, he had waited on Mr. Gooch the Lieutenant Governor of that Colony ; had given Security, and taken the Oaths directed by Law before him, and had obtained a Certificat thereof under that Gentleman's hand, and the Great Seal of Virginia, whtch being pro- duced and read, is as followes : " WILLIAM GOOCK, Esqr., His Majesty's Lieutenaut Gover- " nor & Commander in Chief of the Colony and Dominion of Vir- " ginia. " To all to whom these present shall come : " I do hereby Certify and make known, that on the day of the •' date of these presents, Patrick Gordon, Esquiie, Lieutenant Gov- " ernor of the Province of Pennnsylvania, and Counties of Nevv- *' castle, Kent and Sussex on Delaware, personally came before me, " and pursuant to his Majesty'^s Pleasure, signified under his Royal " Sign manual and Signet, took the Oaths appointed to be taken, " instead of tiie Oaths of Allegiance and Supremacy, and the Ab- " juration Oath mentioned in the Act of Parliament, made in the first ■" year of His late M ijesty's Rei^n, and subscribed the same, to- " gether with the Test, and took the Oath of his OfTice, for the due " observance of the Acts of Trade and Navigation. And I do fur- *' ther Certify, that the said Patrick Gordon hath also given Bon 1 to " His Majesty, with good and sufficient Security in the penalty of *' two thousand pounds Serling. for observing the said Acts of Trade ■" and Navigation, and obeying such Instructions relating thereto as " shall be from time to time sent to him, by His Majesty, or any ■" Acting under His Royal Authority; which Bond remains in my *' hands, to be transmitted to the Right Honourable The Lords Com- '^ missioners of trade, conformable to His Majesty's Royal Com- " mands, signified to me for that purpose. IN TESTIMONY *" whereof I have hereunto set my hand and caused the Seal of this " Colony to be affixed, at Williamsburg, the Fourteenth day of No- " vember, 1733. in the Seventh year of the Reign of Our Sover- " eign Lord, GEORGE the Second, King of Great Britain, &c. " WILLIAM GOOCH." Locus Sigilli Virginia? appens. The Proprietary then acquainted the Board, that having in his Custody a new Great Seal & Lesser One, bearing the Names of the present Proprietaries, he intended that henceforth these should be used instead of the old ones, and accordingly, the last being brought 571 MINUTES OF THE into Council and delivered up to the Proprietary, he was pleased to putt the new Seals into the Governor's hands. Mr. Griflitts had the Custody of the late Great Seal, the Governor committed the keeping of the present One to iiim, who by Order^ affixed the same to the Commission from the Honourable the Propri- etaries to their Lieutenant Governor. The Proprietary then delivered the said Commission to the Gover- nor, who received it with becoming Expressions of Duty and Grati- tude towards his Constituents, and the same being read at the Boards was afterwards published at the Courthouse, together with His Ma- jesty's Royal Approbation, and the aforesaid Certificat from the Lieutenant Governor of Virginia, in presence of the C«iuncil ^ Mayor & Commonalty of the City, who had Notice to attend on this Occasion. It was moved and agreed that new Commissions should be foith- vr'iih issued to the same Persons now acting as Judges and Justices throughout this Province ^ Counties, unles there should be Reason for discontinuing some of them. It is Ordered that the Name of Lassee Bore be left out of the Commission of the Peace for Philadelphia City and County, and Evan Thomas be substituted in his Room, and that Henry Pastori- ous be added. That in the Commission for the Connty of Lancaster, the Name of Andrew Cornish be left out. And that in the Commission for Bucks County John Wells be added. E. At a Council held at Philadelphia, Deer. 17th, 1733. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Samuel Hasell, 1 Clement Plumsted, Thomas Griffitts, l» Esquires- Ralph Assheton. j The Assembly of the Province standing adjourned to this day, and His Honour intending to speak to them to morrow, laid before the Board a Draught of his Speech for their Sentiments of it, which being read, was with some small Alterations proposed bv the Coun- cil and assented to by the Governor, approved, and His Honour desired the Attendance of the board to morrow about noon, at which time he intended to send for the House. 'Tis Ordered on the Motion of the Governor, that Edward Smout PROVINCIAL COUNCIL. 572 and Derick Updegraaf, of the County of Lancaster, be added to the Justices assigned in the General Commission of the Peace for that County. E. At a Council held at Philadelphia, Deer. 18th, 1733. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Clement Plumsted, Samuel Hasell, Thomas Griffitts. Thp House of Representatives being sent for, and attending with their Speaker, the Governor made the Speech to them which at the preceeding Council had been approved, and the same is in these Words : " Gentlemen: " The Business of the Country having at the last Sessions of the " preceeding Assembly, met with unforseen Obstructions. I resolved " at your first Meeting, to have recommended to you the Dispatch " of those AtTairs which the Publick Service more necessarily re- " quired, but having a few days before received Notice that our *' present worthy Proprietaries had done me the Honour of contin- " uiiig me their Lieutenant under a new Appointment, issued with '■ the Royal Approbation, and that it was incumbent on me, in pur- " suanceof an Instruction under His Majesty's Royal Sign Manual " then put into my Hands, to qualify myself thereto, by taking the " Oaths and executing the usual Security before the Governor of *' Virginia, I thought proper to defer Entring on any Business till I ** had paid due Obedience to the Royal Commands, which being now *' fullfilled, it is with Pleasure I meet this Assembly, of whom J en- *' tertain so good an Opinion, that I am persuaded they will not omit *' any thing in their Power, conducive to the real Happiness of this ^' Province, or the true Interest of those they represent. " Amongst the Matters formerly recommended by me, and yet ^' remaining to be considered by the Legislature, there are two which " from their Importance will I hope, be the first Subjects of your " Attention ,• I mean the Regulations necessary in our Flour, and " the Revival of the Excise on I^iquors. The Credit of the main " Branch of our Trade, and the Interest as well of the Farmer as ■" Merchant depend on the first, and without the other the Publick " Debts will, I am afraid, increase so much as to render a Provin- " cial Tax requisite. It may not be improper, while the last of 673 MINUTES OF THE " these is under your Consideration, to enquire whether the Funds " appropriated for defraying the ordinary and exiraordinary Char- " ges of Govern?nent are Sufficient for that End. If they are not, " it will be incumbent on you to make further Provision, in such " manner as may best suit the Circumstances of the Province. " I forbear mentioning at present some other Affairs, because if " they do not arise from yourselves, in the Course of your I roceed- " ings, they may hereafter be communicated by Message, and shall " only add, that as we enjoy Peace under the Protection of a Sov- " eign who makes the good of His Subjects the Rule of His Gov- " ernnient, and are happy in Proprietaries who on all Occasions " manifest their Regard and Concern for our Welfare, We ought, " with a becoming Unanimity in general, and more particularly in " our Councils, to shew ourselves truly thankful, by pursuing those " Measures that may best advance the Reputation of this Colony, " and most effectually Contribute to the Advantage of all its Inhab- " itants, Irom whom I have, ever since my Arrival here, received " such Testimonies of Good will and Affection, as lay me under the " strongest Obligations of rendring them the most agreeable Services " in my Power. Decemr. 19th. The House Sent up the following Address to the Governor : ♦' TO THE HONBLE PATRICK GORDON, ESQR. " Lieut. Governor of the Province of Pennsylvania, &c. " THE ADDRESS of the Representatives of the Freemen of the * ' said Province, in General Assembly met : " May it please the Governor : " It is no small Satisfaction to us, that those Difficulties which " obstructed the Publick Affairs of this Province are removed. " And it is with Pleasure we embrace the Opportunity now offered " us, Sincerely to congratulate the Governor on his being continued " by our Honourable Proprietor, their Lieutenant under a new Ap- " pnintment, issued with the Royal Approbation. " We are very sensible of the Obligations we are under for the *' good Opinion the Governor is pleased to entertain of us, And we " hope our future Conduct will demonstrate our Endeavours to sup- " port a Character so much to our Advantage, by our Readiness to ♦* do every thing in our Power conducive to the real Happiness of this " Province, and Good of those we represent. " The Regulations necessary to be made concerning Flour ex- " ported from this Province, and an Act for continuing an Excise " upon strong Liquors, have been under the Consideration of the PROVINCIAL COUNCIL. 574 " Assembly which preceeded Us, and had it not been for those Ac- " cidents the Governor has been pleased to mention, which obstructed " the Business of the Country, we conceive little had remained ne- " cessary for us now to do ; And those Obstacles being now happily " removed, we shall apply ourselves to the Consideration of those " Matters, in the manner their Importance justly deserves. " And although we have no Reason to doubt but that the Funds " appropriated ior defraying the Charges of Government are suffi- " cient to the End for which they are designed, Yet, if on further " Examination, any Dertciency should appear, we are willing to " make such Provisions as the Emergence may render necessary. " And that we conceive may etfectually be done without the Aid of *' a Provincial Tax, which at this Juncture would be unnecessary, " as well as unacceptable to our Constituents. " We gratefully acknowledge the Blessings of Peace which we " enjoy, under the Protection of a Gracious Sovereign, and our " Happmess \n Proprietaries who manifest their Regard and Con- " cern for our Welfare. And we desire with becoming Unanimity, " to pursue such Measures as may best advance the Reputation of " this Colony, and most ElFectually contribute to the Advantage of " all its Inhabitants, from whom in general, ^ from our selves, in " in particular, we hope such lurther Testimonies of Good will and " Affection may be added, as may continue the Governor's br^lina- " tions of doing hereafter as heretofore he hath done, the most agree- " able Services in his Power. " Signed by Order of the House. « J. LANGHORNE, Speaker. Decemr. 28 th. The Governor directed the Name of John Karnaughan to be left out of the General Commission of the Peace this day, issued lor the County of Chester. At a Council held at Philadelphia, January 3d, 1733-4. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, "^ Isaac Norris, Samuel Hasell, I p Samuel Preston, Thomas Griffitts, j>l^squires. Clement Plurasted, Charles Read, J 575 MINUTES OF THE The Minutes of sundry preceeding Councils being read and ap- proved : A Bill sent up from the House Entituled : AN ACT for reviving an Excise on Wine, Rum, Brandy, and other Spirits, was read, to which divers Ohjections were made, and Amendments proposed, ihe drawing up whereof was, by Order of the Board, committed to Messrs. Logan, Preston, Plumsted & Read. E. At a Council held at Philadelphia, January 4th, 1733>-4. PRESENT The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Clement Plumsted, } p Samuel Preston, Charles Read. S The Amendments to the Bill for reviving an Excise being drawn up, were this day considered by the Governor and approved, and the same ordered to be sent to the House with the Bill, Which Amend- ments were concluded with the following general Observations on the Bill: " Upon the whole of this Bill it will be necessary further to con- " sider, that the prevailing practice of drinking Rum in ihis Province, " and (he debauchery introduced by the vast Consumption of it is " the crying Sin and disease of the Country ; not only Numbers of *' Single Persons but Families are ruined by it ; therefore, nothing " can better deserve the ihnught and Application of the Legislature, " than to find out proper measures for giving a Check to, and res- " training, this Abuse, which must be allowed to be of much greater *' Importance to the welfare of the Country, than the raising of " Money from it. But by this Bill such a restraint does not appear " to be provided. The allowing no Person a permit who shall not " pay three pounds in the year for Duties, may in some measure " prevent the Increase of very small Retailers, but on the other " hand, it will encourage those who take Permits, to use all the " means in their Power to promote the Consumption, that they may " not pay any part of that three pounds for nothing. " There is no restraint on those fatal tippling places in the Coun- *' try, and in the outer Skirts of the town. Cellars, and such places ; " but the whole depends on the Officer's pleasure who, as he under- ** takes the business with a view to his own gain, it cannot be ex- " pec,t,ed that he will take any measures to restrain or shorten the " Number of Retailers ; nor are the permitted Persons laid under *' any ties or Obligations to keep good Orders, so that from such a PROVINCIAL COUNCIL. 576 " Power at large, the Inconveniences complained of may ratlier be " increased than lessened. But further it may be found difficult to " assign a good Reason why any other Persons than those, who " being licensed to keep publick houses, (are by the Laws and the " Security they give. Obliged to keep good Orders,) should be al- •' lowed to Retail any such Liquors, excepting only Mills, Stores " and Shops, all of whom should be made (ineable, if they suffer " any tippling where they sell, or any disorders to arise at their *' Mills, Houses, or respRctive Places, by means of the Liquors they " vend there. And this is most Seriouslv recommended to the Coii- " sideration of the House, that now, on this Occasion, the best pro- " vision may be made that can be thought of, against those vast " Disorders that tend, not only to the Dishonour and Reproach of " the Government, but to the Ruin of so many of the Inhabitants. E. At a Council held at Philadelphia, January 9th, 1733-4. PRESEIMT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, ~1 Isaac Norris, Samuel Hasell, > Esquires. Samuel Preston, Thomas GritFatts. J Clement Plumsted, The Minutes of the two proceeding Councils being read & ap- proved : The Governor acquainted the Board, that in a late Law Suit in England some Dispute had arisen, touching a Law of this Province, which, tho' repealed by His late Majesty, had been contended not to be effectually repealed, because it was not done in the manner di- rected by Charter, to wilt: Under the Privy Seal. That this being suggested to some in the Ministry, and it being hinted that several other Laws had been repealed in the like manner, Notice had been taken of it by them to Our Honourable Proprietaries, to v\ hom it was proposed to consent to a Bill, to be brought into Parliament, for confirming all those Repeals that had been made, whethei by Order in Council, Proclamation or otherwise, than enjoyned by theC'harter, but Our Proprietaries being rather inclineable to confirm those Re- peals by a Law, to be passed in this Province, had directed him to mention it to the Assembly, upon which he was now to advise with the Board. After some time spent herein, It is continued under the further Consideration of the Board. The Governor then mentioned the repeated Instances made to him 677 MINUTES OF THE bv Mr. Paris, the Agent, for establishing the Agency on a better foot- intJ- than it now stands, by passing a Law for his Appointment, and asceriaining the Allowance to be made to him, and to this purpose, several Extracts of a Letter Irom the Agent to the Governor were read : the (jovernor then making some Observations on the necessi- ty of such an Appointment, desired the Sentiments of the Members on the Subject. It it the Opinion of the Board that the Governor should, at the most most proper time, move this matter to the House, laying be- fore them such Extracts from the said Letters, as he may think ne- cessary. E- P. M. Present. The Lieutenant Governor and the same Members as before, except Messrs. Hasell and Griffitts. The Bill for reviving an Excise with the Amendments of the Council, and some further Amendments of the House, was again sent up, it appeared that the House had agreed to several of those proposed by the Board, and rejected others. On Consideration of those last, the Board continued to insist that some further Notice should be taken than in the Preamble of the Bill only, of the Debt due to the Loan Office; the following Amendment was therefore drawn up, and being agreed to, is ordered to be sent down with the Bill: " It appears evident to the Governor in Council, that some further " Directions for the Payment of the Arrears of the £l3(J0 is neces- " sary, and he is of Opinion that when the Assembly reconsiders " it, they will be equally sensible of the same, for that Sum is lent " from the Loan Otiice by a Law it directs the Payment by Laws ♦' which are now all expired, and therefore, as it was lent by a Law, " the like Security should he provided for the Payment of it. It's " proposed the following Clause should be inserted instead of that " beginning at the Letter N. " And the said Treasurer, out of the moneys by him lo be received, " of the Collectors aforesaid, shall duly pay into the Trustees of the 'f Grneral Loan Office of this Province, th^ Quotas yet lemaining " unpaid, of the said 'I'ldrteen hundred Pounds, as the same shall be- " come due, in the manner directed by ihe first recited Act, for making " cuireiit Thirty thousand Pounds in Bills of Credit, & for the Re- " mainder of the said Moneys, shall be accountable to the General " Assembly of this Province." PROVINCIAL COUNCIL. 578 The Bill Entituled : AN ACT to prevent the Exportation of Bread and Flour not Merchantable, being sent up from the Mouse was read. But it being late in the night, the Consideration thereof was adjourned till to mor- row morning at Nine a clock. E. At a Council held at Philadelphia, Janry. 10th. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieutenant Cover, nor. James Logan, Clement Plumsted, "J Isaac Norris, Thomas Griffitts. [-Esquires. Samuel Preston, J The Bill to prevent the Exportation of Bread and Flour not mer- chantable, was again read, and Sundry Amendments proposed, which being drawn up, are Ordered to be sent down with the Bill. E. Janry. 11th. The House having again sent up the Excise Bill, t^* acquainted the Governor that they had agreed to the Amendments by him proposed, the Bill was approved and returned to the House. E. At a Council held at Philadelphia, Janry. 14th, 1733-4. PKKSENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Clement Plumsted, Thomas Griffitts, ") Ralph Assheton, Charles Read. [►Esquires. Samuel Hasell, J Th(> three preceedlng Minutes being read and app>-oved, A Bill Entituled : AN ACT the better to enable William Fishbourn to discharge the Debt due from him to the Trustees of the General Loan Office of this Province, was read, and agreed to without Amendment. 579 MINUTES OF THE The Bill to prevent the Exportation of Bread and Flour not mer- chantable, was ayain sent up with the Amendments offered by this Board, and it appearing that the House had rejected two of them, touching the subsequent Appointment of Officers, in case of Death or Removal, of those named in the Bill, the House in isting that the Appointment should be by the Assembly as in the Bill, and the Board insisting that the same should be by Act of Assembly, the Board entred into the further Consideration of that Point, &; observing that the House, by rejecting these Amendments, seemed to deny the Right of the Governor in any Subsequent Appointment, are of Opinion that the House be desired to reconsider these Amendments, and that the Sentiments of the Governor, in the following Words, be at the same delivered to the House : " As no Act by which any Officer is to be appointed can be in " force, till the Governor, in whom, by the I.aii;.uiige not only of '' the Royal Chartei, but also of the Acts thenibelves, at least one " half of the Power of Legislature is invested, thinks fitt to a[)prove " ^ concur with the same, So it must appi ar inconsistent that any " future Appointment should be made, lor executing any such Act, " without the like Concurrence. The Governor therefore thinks it " incumbent on him, not so much in Regaid to himself, as in behalf " of the Proprietor's Original Rights, to declare that he conceives he " has an Equal Power in nominating any Subsequent Officers that " he has at first. E. At a Council held at Philadelphia, January 17th, 1733-4. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. Samuel Preston, Samuel Hasell, "| Clement Plumsted, Thomas Griffitts, vEsquires. Ralph Assheton, Charles Read, J The Bill to prevent the Exportation of Bread and Flour not mer- chantable, being again sent up to the Governor with a Verbal Mes- sage from the House to this Kflect : That it was far from their Interest or Inclination to intrench upon the just Rights of the Proprietaries, or the Powers of the Governor, but the Words excepted against being the same used in the Act now in force, for regulating Bread and Flour, they hoped the Governor would not misinterpret their insisting on the present Bill, to be in this Point, the same with the former. The Board entring into the Serious Consideration hereof, and weighing the Advantages that may accrue to the Province, from the PROVINCIAL COUNCIL. 5^0 Regulations intended by the present Bill, and the Danger of loosing the whole Bill, by insisting too closely on the proposed Amendments, the Governor offered to the Board a Paper containing the following Message, which being read, Messrs. Preston, Assheton, Hasell and Griffitts, concurred in the same Sentiments with those of the Gover- nor, expressed in the Message, but Messrs. Plumsted and Read dis- sented, and desired Leave to extend their Reasons on the Minutes of this Board. Which Message is in these Words : " The Governor is still of Opinion that the Amendments he propo- *♦ ses are for the Reasons already assigned, just and reasonable, and " would, if agreed to by the House, render the Subsequent Appoint- *' ment of Officers less liable to Exception. But as the Words con- ^' tended for by the House, stand in the same manner in the Act now *' in force for regulating Bread and Flour, and as this Bill is thought " to be of very great Importance to the whole Province, the Gover- «' nor will not so far insist on the Amendments at present, as to *' risque the loosing of so beneficial a Bill ; still conceiving that by ♦'these very Words: "UNTIL THE ASSEMBLY APPOINTS '' ANOTHER," no Appointment can be made but in a regular and <' proper manner, to which his Concurrence must still be believed *' necessary." And the same, together with the Bill, is ordered to be sent down to the House. The Governor then laid before the Board the Draught of a Mes- sage, to be likewise sent to the House, touching the Agent, &, the same being read was approved, and is as followes : " Gentlemen : " I have received divers Letters of late from Mr. Paris, the Agents *' complaining of a Defect in the manner of his Appointment, which " he proposes to be remedied by an Act establishing the Agency, and *' ascertaining a competent yearly Allowance for it, and I doubt not " but in his Letter to the Committee of Correspondence, he has wrote " in much the same terms. It must be acknowledged that his Ac- " counts run high, and beyond what has been generally known in " this Province, but it will be necessary to consider that this Gov- " ernment has not, hitherto, had an Affair to negotiate that required *' an Expence in any measure comparable to what must naturally •' be expected to attend a Matter of such Importance, carried on by " the united Interest of these wealthy Sugar Islands, which all the " Northern Colonies being on the other hand obliged to oppose, it " can scarce be thought possible that our Agent joyningin the com- *' mon Cause, could act in a manner altogether disproportionate to " that of our Neighbours, but 'tis to be hoped that such an Occasion ** will rarely present again; yet if it should so happen, we ought not 44 5ei MINUTES OF THE " to be wanting to ourselves. And as you are fully sensible of the " Advantage it is in all such Cases, to have an able and Experienced •* Person in Britain for the managing and transacting the necessary " Business of the Province, I must recommend to you, that when " other matters relating to the Agent are moved in your House, you " will take into Consideration what is proposed by him, and make " such Provision for rendring his Powers compleat, and for enabling " him cliearfuUy to apply himself to our Affairs, by a suitable En- " couragement, as the necessity of the Appointment, and the Fatigue " and Trouble it occasions, does require. " P. GORDON." Came in, James Logan, Esqr., to whomthe foregoing Proceedings being imparted, he joyned in Opinion with Messrs. Preston, Assheton, Hasell and Griffitts, touching the Message on the Bread and Flour Bill. A Bill to the same effect with what had been proposed by the Gov- ernor to the Council, on the 9th instant, having taken Rise in the House, and being by them sent up, Entituled : An Act for confirming the Repeal of divers Laws of this Pro- vince, was then read and considered, and with a small Amendment agreed to, are Ordered to be returned to the House. E. At a Council held at Philadelphia, Janry. 19th, 1733-4. PUESENT : The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, ^ Samuel Preston, Samuel Hasell, \ Esquires. / Clement Plumsted, Thomas Griflitts. } A Bill sent up from the House, Entituled : An Act for the more easy Recovery of small Debts & for amend- ing the Practice of the Law, was read, on Considering which many Objections arising, the following Message was prepared and Ordered to be sent down to the House with the Bill. " From the Governor in Council, to the House of Representatives. " Scarce any thing contributes more to the Honour of a Govern- " ment than the Goodness of its Laws, which ought always to be »' concise and plain, as well as just, and all Parts of the Legislature *» should use their utmost Application to render them such. But this ♦' Bill called An Act for the nioreeasy Recovery ofSmall Debts, &c. is ♦' so far from being thus qualified; that besides its being exceeding long " and ill expressed, it can never, as 'tis conceived, answer the End PROVINCIAL COUNCIL. 582 *' proposed by it, or contribute to the Ease of the Subject. It re- " quires an unreasonable Attendance of the Justices ; it lays a Bur- " then on Constables which is no part of their Duty, nor within the " Intendment of their Appointment, and requires more of both these " Officers than can be expected from many of them, who must ne- " cessarily be appointed in Parts where others more capable are not '' to be found. It puts the Creditor in many Cases, in a worse Con- *' dition than he would be without it, and enables the Debtor to per- " plex and give his Creditor more Trouble than before. 'Tis certain •' the whole Practice of the Courts wants to be reformed, and it is a " crying Oppression that easier methods are not found to obtain «' common Justice in most Cases, and more especially in those of <' small Debts, but 'tis plain what is here proposed will by no means '' answer that End, therefore, it will be requisite to consider of some «' summary Method more practicable. " By Order of the Governor in Council. " ROBT. CHARLES, Sec'ry." Two Resolves of the House on the Subject of the contraverted Amendments to the Bill for preventing the Exportation of Bread and Flour not merchantable, having been yesterday delivered to the Governor, were now read at the Board, and are in these Words : " Resolves of the House of Representatives upon the Subject of " the Governor's Message of Yesterday, vizt : " 1 Resolved : " That this House is of Opinion, that as well by the known and " constant Acceptation of the Word Assembly, as by divers Laws of " this Province, and particularly the Act for regulating Elections, *' The Representatives chosen and met are the Assembly of this *' Province ; And that though the Governor's Concurrence in Acts of " Legislation be necessary, yet when the Assembly of this Province " are, by Laws, authorized to do any act, his Concurrence is not " necessary. 2. " Resolve : " That least the Silence of the House upon the Subject of the " Governor's Message should be interpreted into an implicit Con- " currence with his Sentiments upon this Head, the Resolve above " mentioned be entred upon the Minutes of this House, and that the " Governor be acquainted therewith. " By Order of the House of Representatives. "J. GROWDON, Cler. Conv." On which some Observations being made, the further Consideration of the said Resolves was deferred. &83 MINUTES OF THE P. M, Present; The Honourable the Lieutenant Governor. Ralph Assheton, T Thomas Griffitts, i.Esquires» Charles Read. J The Bill for the more easie Recovery of small Debts was again sent up from the House, with the following Resolve, in answer to the Governor's Message of this Day. " Upon reading the Governor's Message of this day, " Resolved, " That the Message sent from the Governor with the Bill Enti- " tuled An Act for the more easie Recovery of small Debts, &c., is '' conceived in such General terms, that the House are at a Loss to " understand what is intended by the same ; forasmuch, therefore, as " the Governor hath declared his Sence of the Grievances proposed " to be redressed by the Bill, The House is of Opinion that the same " be awain recommended to the Governor, with the request of this " House, that he will be pleased to reconsider the same by the next " Sessions and give a more particular Answer concerning it. " Signed by Order of the House. " J. GROWDON, Cler. Conv." A Verbal Message was brought from the House by two of their Members, acquainting the Governor that they intended to adjourn to the 12th of August next, to which His Honour agreed. The Engrossed Bills that had passed the House with the Gover- nor's Concurrence, having been compared with their Copies, and the House attending according to Order, the Speaker presented the Four foUowino- Bills to His Honour, for his Assent, which were accord- ingly passed into Laws, and the Great Seal of the Province ordered to be thereunto affixed; which Laws are : An Act to prevent the Exportation of Bread and Flour not mer- chantable. An Act for reviving an Excise on Wine, Rum, Brandy and other Spirits. An Act for confirming the Repeal of divers Laws of this Pro- vince. An Act the better to enable William Fi?hbourn to discharge the Debt due from him to the Trustees of the General Loan Office. The Speaker then presented the Governor with an Ordpr of the House on the Trustees of the General Loan Office, for Six hundred pounds, in part of the current year's Support, for which His Honour having thanked the House, they withdrew. E PROVINCIAL COUNCIL. 5S4 At a Council held at Philadelphia, May 10th, 1734. The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, "J Isaac Norris, y Esquires. Samuel Preston. J A Petition of divers Inhabitants of the Counties of Philadelphia and Bucks was read, setting forth the great Want of a Publick Road from the great Swamp, in the last men'ioned County, to the Road leading through North Wales, to Edward Farmer's Mill; which Road they conceive may be commodiously laid out from George Scabey's Mill along by Thomas Fletcher's Mill, to the Plantation of David Jenkins, from thence to the County Line at the East branch of Parkeoman Creek, as near John Mayer's Mill as a convenient Ford can be found, and from thence into the said North Wales Road, leading to Edward Farmer's Mill, and praying that proper Persons may be appointed to lay out the same accordingly. The Prayer of which Petition being granted, IT IS ORDERED, that Joha Bartholomew, John Roberts, Blacksmith, John Edwards, James Robinson, George Packman and John Lester, of the Counties of Philadelphia and Bucks, Yeomen, or any four of them, View and lay out by Course and Distance the said Publick Road, so as the same may best Answer the Publick Service, and with as Mtle Damage as may be to any private Persons, and make return thereof, together with a Draught of the same, to this Board. E. At a Council held at Philadelphia, May 14th, 1734. PRESENT : The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, "| Samuel Preston, Samuel Hasell, VEsquires. Clement Plumsted, Thomas Griffitts. J The Proprietor informed the Board, that the Business now to be considered by them, relates to some very unneighbourly Proceedings of the Province of Maryland, in not only harrassing some of the Inhabitants of this Province who live on the Borders, but likewise in extending their Claims much farther than had ever heretofore been pretended to by Maryland, and carrying off several Persons and im- prisoning ihem ; that sometime since they carried off John Hendricks and Joshua Minshall from their Settlements on Sasquehannah, and 585 MINUTES OF THE still detain them in the Goal of Annapolis ; that of late two others have been taken from the Borders of Newcastle County, and carried likewise to Annapolis ; that as these men will probably be brought to a Trial at the ensuing Provincial Court of Maryland, he had spoke to Andrew Hamilton, Esqr., to appear for them, but as these violent Proceedings tend manifestly to the Breach of His Majesty's Peace, and rendring all the Borderers insecure, both in their Persons & Estates, he was now to advise with the Council on such Measures as are most fitt to be proposed, for maintaining Peace between His Majesty's Subjects of both Provinces. Then was read a Letter from the Lieutenant Governor of Mary- land to the Lieutenant Governor of this Province, dated the 24th of February last, with an answer of the latter thereto, dated the 8th of March following, On which some Observations being made, the Proprietor said that he intended to make use of the Opportunity of Mr. Hamilton's going to Annapolis, to press the Lieutenant Governor of Maryland to enter into such measures as should be most advisea- ble, for preventing such irregular Proceedings for the future, and as he designed that his Secretary, Mr. Georges, should accompany Mr. Hamilton, he had drawn up Instructions for them, which being laid before the Board, were read, as was likewise a Draught of a Letter irom the Lieutenant Governor of this Province to the Lieutenant Governor of Maryland. On Consideration thereof had, the Board are of Opinion that the proposed Measures are absolutely necessary at this time, for Securing the Peace of His Majesty's Sub- jects, and the said Instructions, together with the foregoing Draught, being approved and ordered to be entred on the Records of Council, the Governor is desired to grant such Credentials to the Persons en- trusted with the Negotiations, as may shew them fully authorized by this Government for the Purposes in the said Instructions con- tained. An Omission in this Minute Supply'd by an Entry after Minute of July 25th, 1734. E. May 25th. By the Governor's Order a special Commission was issued, as- signing Joseph Haines of West Nottingham, in the County of Ches- ter, a Justice of the Peace, and of the Court of Common Pleas for the said County. PROVINCIAL COUNCIL- S86 At a Council held at Philadelphia, June 20th, 1734. present: The Honourable PATRICK GORDON, Esqr., Lieut. Governor- James Logan, Esqr., Ralph Assheton, Esqr. Isaac Norris, Esqr., Samuel Hasell, Esqr., Samuel Preston, Esqr., Thomas Griffilts, Esqr, Clement Plumsted, Esqr., Charles Read, Esqr. Thomas Laurence, Esqr., The Governor acquainted the Board, that the Honourable Thomas Penn, Esqr., one of the Proprietaries of this Province, having some time since received from the Commissioners appointed by virtue of a Commission from the Honourable John Penn, Thomas Penn and Richard Penn, Esquires, Proprietaries of this Province, bearing date at London, the l;^th day of May, 1732, for the execution of certain Articles of Agreement, concluded between the said Proprietaries and the Right Honourable Charles, Lord Baltimore, Lord Proprietary of the Province of Maryland, bearing date the tenth day of May afore- said, for the running, marking and laying out the Lines, Limits and Boundaries between the Province of Pennsylvania, Counties of New- castle, Kent & Sussex, on Delaware, and Province of Maryland their Report of their Proceedings towards the Execution of the said Commissioners, the said Proprietary had directed him to take proper Measures with the Concurrence of this Board, for having the same proved in the most Authentick manner. Which being considered by the Board, IT IS RESOLVED that the said Commissioners, upon their respective Oaths or Affirmations to be Administred in the presence of the Board, by one of the Judg- es of the Supreme Court of this Province, may Declare to the truth of the said Report, and that some Persons of Credit & Reputation, •now in Philadelphia, as are known to have an Intention of Trans- porting themselves in some short time to Great Britain, be also called to be present at the Board when such Oatlis and Affirmations are administered & subscribed. And accordingly, Thomas Grseme, Esquire, one of the Judges of the said Court, being called on, came into Council, and at the Council Board Administered to the Honourable Patrick Gordon, Esquire, Andrew Hamilton, Esqr. and Robert Charles, Gentleman, three of the said Commissioners, an Oath on the holy Evangelists, and to Isaac Norris, Samuel Preston, James Logan, Esquires, & James Steel, Gentleman, the other four of the said Commissioners, being of the People called Quakers, a Solemn Affirmation, according to Law, that the said Report, which in one Copy is contained in Eighty seven Pages, in another in Ninety two Pages, and in a third in Ninety five Pages, is a true and faithfull Narrative of the Substance of what passed between them and theCommissioners on the part of Maryland, 587 MINUTES OF THE at the several Meetings where they and each of them respect- ively were present, agreeable to the Minutes carefully taken by some of their Number, at the times when such Meetings were held, or very soon thereafter, to the very best of their knowledge, and that the several Papers which have passed between the Commissioners on each side and are transcribed in the Report, having been with all possible Exactness compared with the Originals remaining in the hands of the Commissioners of Pennsylvania, and found to agree therewith. Which said Oaths and Affirmations were Subscribed by the said Judge and Commissioners, in presence of John White and Samuel Mickle, of Philadelphia, JVlercliants, John Richmond and William Spaffbrd, Mariners and Commanders of Ships, now lying in the Port of Philadelphia, aforesaid, and bound for London, who also Signed as Witnesses to the same, as appears by an Entdorsement at the close of each Copy of the said Report. And it is further ORDERED by the Board, that a Copy of this Minute of Council be annexed to each of the three Copies of the said Report, and that the Great Seal of this Province be thereunta affixed. E. At a Council held at Philadelphia, July 25th, 1734. PRESENT r The Honourable THOMAS PENN, Esqr., Proprietary. The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, 1 Samuel Preston, Samuel Hasell, i-Esquires^ Clement Plumsted, Charles Read. j The Minute of the 14th of May last being read & approved, the- Proprietor acquainted the Board that Messrs. Hamilton & Georges being some time since returned from Maryland, had lately made a full Report to him in writing of their Proceedings, in pursuance of the Instructions and Authority they had received from this Government, ■which having been given by & with the Advice & Concurrence of this Board, he thought it incumbent on him to lay before them the Result of that Negotiation. The Report aforesaid, together with a Letter from the Lieutenant Governor of Maryland, brought by these Gentlemen, in answer to that from the Lieutenant Governor of this Province, Mentioned m the aforesaid Minute of Council, were read, and ordered to be entred. on the Records of this Board. PROVINCIAL COUNCIL. 588 The Proprietor then observing that Reference is made in the Close of the said Report to some Minutes taken at the hearing before the Provincial Court of Maryland, said that these not having been yet delivered to him, he had desired Mr. Hamilton to attend this Board to inform them herein, who being sent for, came into Council and gave a Narrative Verbally, of the Proceedings had in the said Court against those who were carried off Prisoners from this Government, and the Arguments he had advanced for obtaining their Discharge. As some of these last gave great Satisfaction to the Board, it was desired of Mr. Hamilton, that reducing the same under proper heads, he would committ them to writing, that they might be entred on the Records of Council, to be had Recourse unto on the like Occasions, which he undertook to do. The Board acknowledging the great Care & Diligence of Messrs* Hamilton & Georges in the Execution of their Commission, and entring into the serious Consideration of what had now been laid before them, Observed that from the whole of what had been trans- acted, it must appear abundantly evident that notwithstanding the specious and ample Professions made by the Governor of Maryland of his Readiness and Willingness to joyn in any amicable measures for preventing all Occasions of Differences between the two Provinces, yet his Behaviour in this last Instance,and the whole Procedure of that Government for some time past, had demonstrated a very different Disposition ; And that it now remained to be considered what further Steps may be necessary to be taken, for the Security and Quiet of the Inhabitants. Whereupon it was moved and unanimously agreed to, that Directions should be forthwith given to the Magistrates of the several Counties within this Government, requiring them to exert their utmost Endeavours for preserving the Publick Peace, and at the same time that they prevent, by all possible means, any just Occasions of Complaint from our Neighbours of Maryland, they take the most eflTec- tual Care in their Power for the Protection and Defence of the People, especially those on the Borders, from any Insults on their Persons or Attempts on their Possessions, by those who pretending Right to or claiming Lands within this Province, under that Colour do pre- sume to molest the Inhabitants ; that they be vigilent and diligent in causing to be apprehended and secured, all such Disturbers of the Peace and Invaders of the Just Property of His Majesty's peaceable Subjects within this Government, to the end they may be brought to condign Punishment. And that herein the Magistrates proceed ac- cording to Law, and as far as that will warrant them. And it is Recommended to the Governor to issue his Orders accordingly. The Proprietor representing further, that several People had ap- plyed to him for Grants of Lands on the West side of Sasque- hannah, and in consequence thereof that Magistrates should be ap- pointed amongst them, The Board are of Opinion that some discreet and prudent Persons should be commissionated for preserving the M§ MINUTES OE THE Peace, to the Northward of the Line agreed on by the last Articles of Agreement, concluded between the respective Proprietaries in 1732. The Governor then informed the Board, that he was under no small Concern to hear that a House lately built in Walnut Street, in this City, had been sett apart for the Exercise of the Roman Catho- lick Religion, and is commonly called the Romish Chappell, where several Persons, he Understands, resort on Sundays, to hear Mass openly celebrated by a Popish Priest ; that he conceives the tolera- ting the Public Exercise of that Religion to be contrary to the Laws of England, some of which, particularly the 11th & 12th of King William the third, are extended to all His Majesty's Dominions; but those of that Perswasion here imagining they have a right to it, from some general Expressions in the Charter of Privileges grant- ed to the Inhabitants of this Government by our late Honourable Proprietor, he was desirous to know the Sentiments of this Board on the Subject. It was Observed hereupon, that if any part of the said Charter was inconsistent with the Laws of England, it could be of no force, as being contrary to the express terms of the Royal Charter to the Proprietary. But the Council having sate long, the Consideration hereof was adjourned till the next meeting, and the said Laws and Charters were then ordered to be laid before the Board. E. Omitted to be entred in the Minute of May 14th, 1734. A Petition of divers Inhabitants of the City and County of Philadel- phia, Owners of Lands or Meadow Grounds in Wicacoe, was read, setting forth that by virtue of an order of this Board, several years since, a Road was laid out from the South end of Second Street, in Philadelphia, to the Point of Land on Delaware, opposite to Glouster in New Jersey, but the same being judged not so convenient, an Or- der was afterward issued for reviewing it, of which no Return was made; that the said Road is now more frequented than formerly, but is in divers places enclosed by Persons through whose Lands the same was laid. And therefore, praying that some indifferent Per- sons may be appointed to review and lay out the said Road. The Prayer of which Petition being granted : IT IS ORDERED, that Ralph Assheton, James Steel, George Fitzwaier, Philip Johns, Charles Cox and Joseph Wharton, or any fpuf of them, review the said Road already laid out, and alter the same Where it shall be found necessary, in such manner as may be most eommodious for the Publick Service, and with as litle Damage PROVINCIAL COUNCIL. 590 as possible to those Persons through whose Lands the said Road shall run, And, with a Draught of the same, to make Report thereof to this Board. E. Follows the Report of Messrs. Hamilton & Georges, mentioned in the preceeding Minute of July 25th : " To the Honourable Thomas Penn, Esq., one of the Proprieta- *' ries of the Province of Pennsylvania, and Counties of Newcastle, *' Kent and Sussex, on Delaware. " Sir: ' You having been pleased to honour us with proper Powers from " your Government of Pennsylvania, to treat, and if pos-ible, to " conclude with Col. Ogle, Lieutenant Governor of the Province of " Maryland, on some certain Terms, by which the Peace amongst *' His Majesty's Subjects inhabiting near the Borders of these two " Governments, where the right to the Lands have been disputed, " might be secured till such time as either the Boundaries should be *' absolutely run, or His Majesty's Pleasure known therein, and His " Commands received, we conceive it our Duty to lay before you a " Narrative of what passed between the Governor of Maryland and " ourselves thereupon, with Copies of the several Papers we deliv- " ered to His Excellency, and the Originals we received from him. " We arrived at Annapolis on the twentieth of May, about sun *♦ sett ; soon after coming to our Lodgings Mr. Georges and An- *' drew Hamilton, Junr., went to speak with our People, to wit : the " Rothwells, John Hendricks, and Joshua Minshall, in Prison, but " were not suffered to see them till the next Morning, when going " again, they were after some time admitted to the Speech of the *' Prisoners, who gave them an Account of their Uneasiness, in a *' must unwholesome Prison, as likewise, the best Account they could ♦' of the several Charges alledged against them ; soon after this, to *' wit : about ten of the Clock of the same Day, we waited upon " Governor Ogle, at his House in Annapolis, and delivered him a *' Letter from the Lieutenant Governor of your Province of Pennsyl- " vania, and at the same time acquainted him that we were sent " from your Government to concert proper Measures with him for " the Preservation of the Peace and good Neighbourhood between " the two Governments, and to desire the Discharge of Four of our •« Inhabitants, who were imprisoned at Annapolis, by order of the " Government of Maryland, to which he was pleased to answer, " that he was mighty ready to enter into any Measures with the " Government of Pennsylvania which might best answer that pur- " pose, and at the same time took occasion to say our Inhabitants 691 MINUTES OF THE " were imprisoned for much greater offences than probably we wen " aware of; to which we answered, that we had no other way lo comi " at the Knowledge of the Cause of their Imprisonment but by thei: " several Commitments, and by these, as we conceived, there seemec *' scarce a colour for such proceedings as had been taken agains " them ; we added further, that supposing the offences were reall; " committed, and as great as his Excellency was pleased to alledge " yet the Place where they were committed, as well as that wher '• the Men were taken, was clearly beyond all the former Claim " of Maryland, and therefore, it was our Opinion the Men were ver; " hardly dealt by. " Governor Ogle began to enumerate the many Abuses the In " habitants of Maryland had suffered from those of Pennsylvania " and that since his Accession to the Government of Maryland, h " had taken all possible Care to be entirely on the Defensive side " and was resolv'd to continue so ; but at the same time said h " could not suffer Lord Baltimore's Right to be so violently incroach " ed upon, and his Character so publickly affronted within his Lord " ship's own Government ; for, added he, we claim no bounds bu *' what are given to his Lordship by the express Words of his Char " ter; however, he expressed his Willingness to enter into any rea '* sonable Measures for preserving Peace, and to shew his readiness " proposed our meeting him in Council next day, about ten of th " Clock, at his own House, to which we readily agreed, and then h " was pleased to invite us to dine with him that day, which we dii " accordingly. " When we parted from him in the Afternoon, we applied ourselve " to the Consideration of your Instructions, and as well in Obedienc " to your Commands, as to prevent any Mis-interpretation or Mis " representation of what we should say the next day, we judged i '* necessary to reduce into Writing the heads of what we were h " propose, in doing of which we were to led by the hints given u " by his Excellency the day before, to depart in some things fron •' the precise Form prescribed in your Instructions. " On the twenty second day we waited on his Excellency, at hi " own House, according to Appointment, where were present th " Lieutenant Governor himself, Collonel Tillghman Ward, Benja *' min Tasker and Edmund Jennings, Esqrs., with divers other Mem " bers of Council. Governor Ogle was then pleased to inform thi " Council, that he had received a Letter from the Lieutenant Gover " nor of Pennsylvania, &c., by which he understood that we wen " appointed by that Government to enter into Measures with that o *' Maryland, for preventing any Misunderstanding among the PeopL ♦' living upon the Borders of the two Provinces, untill we could re " ceive His Majesty's Pleasure concerning the same, and then pro " ceeded to say how agreeable every thing was to him that had th( PROVINCIAL COUNCIL. 593 " Appearance of Peace, and how carefull he had been on his part to " keep his People from committing or doing any thing that might " give Offence to the Government of Pennsylvania ; that he was " glad to find our Government seemed at last to agree to what he " had long agoe proposed in his Letters to the Governor of Penn- '' sylvania, (vizt,) to lay these unhappy Mis-understandings before " His Majesty, and in the mean time to forbear making any Incroach- " ments upon one another, which he thought was the most likely way ♦' to preserve Peace among the People. Much more was said, but •' all to the same purpose, yet he fixed upon nothing certain by " which the Extent of the Jurisdiction of the respective Governments " could be known. We then represented briefly, that whatever his *' Excellency's Care or Knowledge might be, we were well assured " the People living under the Government of Pennsylvania had of '• laie been very ill used by those of Maryland, and that some of " us had lived long enough in Pennsylvania to be Witnesses of a " very different Behaviour on our part to the People of Maryland, " when under Confinement for the most violent Outrages committed " upon our Inhabitants; that one of us was personally concerned in " procuring some of the Inhabitants of Coecil County to be discharged " without so much as paying the common Fees of their Commit- " ments, which at that time was accounted, even by the Parties " themselves, a generous Treatment on the part of Pennsylvania. " Therefore, as to what had passed before His Excellency's time, " we insisted he was not truly informed, and as to the Dirterences " mentioned by him since his coming to the Government, we con- '< ceived in every Instance the People of Maryland were the Aggres- " sors, and in the wrong, unless it were in the single Instance of " Mousey, which (however it might turn out by the Evidences on " the part of the Prosecutors,) we thought was a silly, senseless " scuffle, much below the Notice of a Government, or Lord Propri- " etor, especially considering the Provocation on the other side. — " But as Altercations of this kind did not seem to be the way to pre- " vent such Difierences for the future, we requested of his Excellency " to propose some Method, some Way or Means, by which the Bu- •' siness we came about might be effected. Whereupon he said, that " he had long agoe wrote to the Governor of Pennsylva. his Thoughts " upon this Subject, and that he was still of the same Opinion ; that '• they ought to joyn without Delay in representing to the King the " unsettled State of the two Provinces, and the Necessity of His " Majesty's Interposition. " We finding this Method of Treaty was not like to produce any " certain Conclusion, delivered to his Excellency a written Repre- " sentation. Vide, No. 1., which being read in Council, His Excel- " lency was pleased to say he would lake time till next day to give " an Answer in Writing : we then parted. 595 MINUTES OF THE " manner. But without entering into the reasonableness or unreasona- *• bleness of the conduct of the Commissioners of either side, we said «' there was some instances to be given of the conduct of some " Gentlemen in Maryland, which we had never yet heard reconciled, " to this extraordinary desire on the part of Maryland to execute the " Articles in any sense. And that was the spreading abroad and " fixing up publick printed Advertisements within the Counties of " Newcastle, «fc,c., signifying that the People who hold any Lands " within Lord Baltimore's Province of Maryland, by virtue of any " Grants, not deriving them Irom Lord Baltimore, would receive no " favour unless they speedily applied to the Government of Maryland. *' And lest these should not be understood to intend the People of the *' three Counties on Delaware, it seems due Care was taken to put *' them into hands that should explain them ; but to put that matter " beyond doubt, Governor Ogle's Letter to Parson Jones speaks plain, " & desires the Parson to inform the People of his Lordship's cer- " tainty of having every Inch of the three Lower Counties, &, his *' Resolution to let such of tiie People as should behave well to his " Lordship, enjoy their Lands for a trifle, which Gover'r. Ogle was " pleased to say he thought was the greatest Happiness that could be " to the People. " To this there was no Answer made, but Governor Ogle said the " multiplying Words signified nothing; he had made a fair Proposi- " tion in his Paper of that day, & if we had any intention to do what *' we professed, he was ready to join with us, Si repeating often the " Words : if we had any Intention or Design to agree upon some " Measures to preserve the Peace, & likewise offering to repeat some " part of what he had said the day before, we thought our words & " Meaning both much Mis-represented ; dz. this led us to complain of " being unkindly used, in questioning our Sincerity after what we " had said, both by word & writing, & how necessary we thought it " was to have some Persons present who might be Witnesses of what " passed between us, so as to prevent our being misrepresented. — " This drew on a long Conversation concerning the People & Offi- " cers of the two Governments, which ended in some warmth, oc- " casioned by the Freedom used in comparing the Officers of Penn- " sly vania with those of Maryland, either in respect to their Au- " thority or Understanding. But least upon our Application to the " Court, we should be referred to the Governor to know his Pleasure, " we judged it most proper to get him to declare himself in the Case " of those Men, which we did accordingly, by insisting positively " upon the Men's being discharged. Whereupon, he declared they " were under Prosecution in the Provincial Court, which was then " Sitting, & that he should not interpose but let the Law take its '' course, or words to that Effect. To which we answered, that as " they were under Prosecution at the Suit of the Proprietor, & some of PROVINCIAL COUNCIL. 596 *' thein committed by the Governor Si, Council, he was the proper *' Person to put a stop to any turther Proceedings, but he persisting in '* his having lett tiieiu to the Law, & therefore would not intermeddle, *' we took the Liberty to say, we wished he had not intermeddled at " all; for, as the Offences with which ihey were charged were of '• that Nature for which any inferiour Magistrate might well have *• bound them over, ihere could bt; no need of his Kxcellency's ia- '^ terposition, unless it were to influence the Judges to be of his Opin- *' ion when the Cause should come to l>e heard in Court, & so we *' parted that day, after which time Governor Ogle troubled himself *' no more with the formality of a Council. " In considering Governor Ogle's Pa[)€r, afier we went to our *' Chamber, we were not both Satisfied that it was proper for us to *' agree to join in a Representation to his Majesty, but rather that the " Proprietors themselves, or their Lieutenant Governors, should do ^' so, & at last we concluded upon a Paper, (vide No. 3.) tlie Ori- " ginal of which we delivered to Governor Ogle, at his own House, '• on the twenty fourth of May ; Governor Ogle received us without " any Form & with Civility, as if nothing had passed the day before ; " he promised us an Answer by the next morning, & so we left him. " We then took into our further Consideration the Case of the " Prisoners, and pursued the Measures we had before proposed, of *' applying to the Court by way of Petition. '• On the twenty fifth Governor Ogle sent to our Chamber, by Mr. " Ross, the Clerk of the Council, a written Paper dated that Day, *' signed by himself, (Vide No. 4.) • " As from our first wailing on Governor Ogle, we had no reason *' to expect any Success in the Business we were sent to transact, we ■" now saw plainly by his last paper, he was resolved to evade doina " every thing that might prevent any further Differences upon the " Borders, & observing the ill use he made of our saying we were " well assured our Proprietors or their Lieutenant Governor would " readily join in a Representation to His Majesty, & that he had con- *' strued these words into our thinking ourselves not sufiiciently " qualified to join with him in what he called his just and reasonable " Propositions, We, to remove that objection, drew up a Paper v^- *' delivered the same to him, on the twenty seventh of May, ^ which *' would have been delivered sooner, but we were obliged togiveour " Attendance at Court, where the Case of the Prisoners was then " under Consideration, Vide our Paper delivered this day, No. 5. " After this we heard no more from Governor Ogle, tho' we staid " till the thirtieth of the Month; in the meantime, we made the most " pressing Instances to the Provincial Court, to have our People dis- *' charged, but that could not be granted, lest it should be understood 45 597 MINUTES OF THE " -^s giving up liis Lordship's Right to the Lands in Question, as '• aiipears by the Minutes of these Men's Case, taken at the hearings '' & to which we begg leave to referr, so being denied any Relief •' for the Prisoners by the Provincial Court, & Governor Ogle having ^' taken no Notice of what we said of proposed in our i aper of the " twenty seventh, we thought a longer stay could be to no Purpose, " and therefore, agreeable to your Instructions, we resolved, before " we should leave that place to represent to Governor Ogle the just " Reason your Government had to complain of the unwarrantable " Proceedings of Maryland, & the absolute Necessity they were '' under to take proper Measures for the protection of His Majesty's ^ Subjects under the Government of Pennsylvania & three lower " Counties, & accordingly, on the thirtieth of the Month we drew up " a Memorial in the best Manner we could, in so short a time; but " Governor Ogle being said to be indisposed that day, John Georges '' and Andrew Hamilton, Junr.., (his Father being indisposed with the " Gout,) vvaited on Governor Ogle ihe next morning, being the thirty •' first day of May, & delivered tohima Memorial in writing, in be- •' half of your Government, which he received, & without reading '' it desired his Compliments might be made to Mr, Gordon, & all •' those that he knew at Philadelphia, (V, wished us a safe return, '» &c. " Upon coming back to our Chamber, Ric'mrd Bennet & James " HoUiday. Esqr., one of the Provincial Judges, happened to be with " Andrew Hamilton, & Mr. Holliday readily agreed to take the Oath " of John Georges &; Andrew Hamilton, Junr., to the delivery of the " said Memorial to Governor Ogle, which Memorial, with the sworn " Certificate of its Delivery, is contained in No. 6. •' The foregoing is a brief Account of what passed between Gov- '• ernor Ogle tV us at Annapolis; the written Papers herein referred " to are their own Evidences, & the other Facts, iho' they may not >' be related so largely, or in the very same Words in which they '• were spoken, are yet so far true in Substance as they are here set " forth. We are. Sir, Your most obedient & most humble Servts. " A. HAMILTON, "JOHN GEORGES." Philadelphia, 15 June, 1734. E. Papers referred to in the foregoing Report. " No. 1. " To His Excellency Samuel Ogle, Esqr., Lieutenant Governor oJ " the Province of Maryland. PROVINCIAL COUNCIL. 598 ^' Sir: " The Government of Pennsylvania observing with much Concern '' the liUe Proceedings of the Government of Maryland against some *' ol" His Majesty's Suljjects inhabiting the said Province of Pennsyl- " vania, & Counties ol' Newcastle, Kent & Sussex on Delaware, " hciih ordered us to represent to you, that the Province of Mary- '' land & the Province of Pennsylvania, with the Counties aforesaid, " having never hitherto had their Bounds (lying contiguous to each " other) so certainly determined or fixed but that there has always *' been Room for Disputes between the Borderers on both sides, con- " cerning their Claims & Possessions, and that divers such Disputes '• have happened, which have occasioned Complaints, to the great ''Uneasiness of the respective Proprietaries; For remedying oi " of which Inconveniences it was mutually stipulated in February " 172.'3-4, between the present Lord Proprietary of Maryland & the " late Mrs. Penn, as Executrix of the last Will & Testament of the ' late Honourable William Penn, Esqr., Proprietor of the Province '' of Peniisvivania &; Counties aforsd : '• That for avoiding all " manner of Contention or Differences between the Inhabitants of " the said Provinces, no Person or Persons should be disturbed or " molested in their Possessions on either side, nor any Lands be sur- ' 'veyed, taken up or granted, in either of the said Provinces, near ■' the Boundaries, which have been claimed or pretended to on either ' side;" which Agreement was to continue for the space of eighteen ' Months from the Date thereof. In v.-hich time it was hoped the Boun- " daries would be determined & settled. But tho' the said Bounda- " ries were not settled within that time, yet the Governors of both " Provinces being convinced of the '^ 'bligations they were under to " preserve the Peace between His Majesty's Subjects, thought them- " selves obliged to act Agreeably to that Stipulation, only as to that '• part of it relating to new Surveys. We take leave to say the same " was not so strictly observed on the Part of Maryland, and after- " wards, for the putting a friendly End & Accommodation to the " said Disputes & Diflerences, ujion some Overtures made by the " Right Honble the Lord Baltimore, Articles of Agreement between " his Lordship &. the present Proprietaries of Pennsylvania & said " Counties, were made & concluded in the year 1732, and Persons " appointed for the executing of the same, agreeable to the Tenour " of the said Articles. In which agreement a most carefull Provi- *' sion was made for the Ease & Security of all His Majesty's Sub- " jects, whose Estates or Possessions should be affected by the same. *' And altho' the siid Articles happen'd not to be executed, yet it " cannot be denied but that the Description of the Southern Boun- " daries of Pennsylvania may be very nearly discovered without 599 MINUTES OF THE ^' new actual Surveys. Notwithstanding which, two of his Majes- '-' ty's Subjects, to wit: John Hendricks & Joshua Minshall, Inhab- " itants of Lancaster County, setled upon Lands legally Surveyed " and patented to them, under the Proprietors of Pennsylvania, on " the west side of Sasquehannah, have been taken at their own Hons- " es, which are at least eight Miles to the Northward of Philadelphia;, '' & about twenty three to the Northward of the Line agreed upon " by the aforesaid Articles, to be the Northern Bounds of Maryland, " which Line runs near the Mouth of Octarara Creek, to the North- »• ward of which Maryland has never exercised any Jurisdiction, " except over three Families, that is known to Pennsylvania, till " within these "2 or S years, about the time when an absolute Boun- " dary was agreed upon by the Proprietors, tho' Pennsylvania has " maintained its Government as far Southward as the Mouth of the " said Creek for above these thirty years. And, as if the Governor of '- Maryland had resolved to put His Majesty's Subjects within the " Province of Pennsylvania <^ the said Counties under the greatest " Hardships, Two other Persons, to wit: Thomas Rothwell, junr. , " & Jared Rothwell, Inhabitants of Newcastle County, seated upon '• a Tract of Land legally surveyed under the Proprietors of Penn- " sylvania & Counties aforesaid, abour. Forty eight years ago, & " actually settled above twenty years ago, by Persons who have " constantly done Suit & Service in the County of Newcastle, (and '' to which the Inhabitants of Maryland can lay no Claim, that we " know of, unless by some late Survey, which can operate i othing " in this Case,) have been taken from their own Habitations, within " the said County of Newcastle, where they settled & lived in peace, *' without the least Offence given to any Person, by the Officers of *' Maryland, &■ forcibly carried to Annapolis, & kept in Goal under '' very severe Confinement, to this day, on pretence of their being " guilty of violently encroachinginto some Lands lying in CcncilCoun- " ty, held under the lit. Honblethe Lord Proprietary of Maryland, " which they claim under the Proprietaries of Pennsylvania. Which " proceedings We conceive to be very extraordinary, especially at a " Time when, tho' the Lines agreed upon by the Articles are nofc " actually run, yet are by that Agreement so well ascertained, that " unless it be resolved upon to disregard every thing that has for- " merly been observed for the Preservation of the Peace betweei* " the two Governments, there can be no Room for such Measures as " have been taken in the Case of the Persons before mentioned. — " But as it is not certainly known to the Government of Pennsylva- " nia, how far that of Maryland is acquainted with these Proceed- FROViNClAL COUNCIL. 60© " ings, We take leave to say that the above Facts, as far as We caa " judge or be inforrri'd, are truly represented, & therefare conceive it " our Duty to request your Orders for the Discharge of the Persons " before mentioned, who are imprisoned by the Authority of yonr " Government. And likewise, ihat altho' the Lines between the two " Governments be not actually run, Yet, as it is most necessary '' that for the Preservation ef the Peace there should be some cer- " tain Jurisdiction, that every Person may know to what Laws ^f " Magistracy He is a-ccountable, We do, on P>ehalf of t'he Govern- " ment of Pcnnsylva. & the Counties oj NewcastFe, Kent & Sussex, " on Delaware, earnestly request that you will be pleased to concurr '* with that Government in Measures by which the Peace amongst " all Kis Majesty's Subjects, (in that part of the-Couniry to which " the Right has been disputed,) may be secured untill such time as *' the Boundaries be absolutely run, or till His Majesty's pleasure b<; '' known therein, which 'tis conceived may very easily be done in a ■*' M.innerthat shall not projudicc the Claims of either Proprietor. — " And this 'tis hoped, will be thought both just & necessary, for a^' *' much as not only the Preservation of the Peace is a principal Duly *' which both Governments ecjually ov/e to His Majesty, But be- *' cause such Proceedings against innocent Persons are contrary to the " Laws of Humanity, & can contribute nothing to the putting an End " lo any Disputes that may subsist between the Proprietors of Penn- ■" sylvaniaaiid of Maryland, about the Bounds of their ^respective -^^ Provinces. " We are, " Sir, *• Your Excellency's *' Most obedient & most humble Serv'ts. ♦' A. HAMILTON, " JOHN GEORGE?."' Annapolis, 2v5d May, 1734. E. " No. £. " Gentlemen : " As the Governor of Pennsylvania, by his Letter of the 14th ■'* Instant, delivered by yourselves, acquainted me that you were ap- *' pointed lo treat with me on the subject of establishing Peace on the *'■ mutual Borders of the two Provinces, &secureing the Peace of His A' Majesty's Subjects, till such Time as His Majesty can be applied to. 601 MINUTES OF THE " and His Pleasure known therein, T must assure you that nothing '• could be more agreeable to my Sincere Wishes & constant Rcsolu- " tions, than that Design of your coming hither. And to satisfy you '' that lactas I profess, I shall purposely omit takinglNoticeofthe ma- " ny Suggestions contained in your Paper of this day, delivered to " me, lest the Necessity I should be under in Answer thereto, of '■ shewing the very palpable Mis-representations therem, might pre- " vent, or at least delay the good Ktfectof our amicable Dispositions. " And therefore, I shall only desire you \yill immediately join with '• me in an Application to His Most Gracious Majesty, with our hum- " ble & dutifuU Request, that he will be pleased to take into His just and " wise Consideration, the Mischiefs arising from the Uncertainties of " the Boundaries of our respective Governments, & determine & fix " the same as He in His Wisdom & Justice shall be graciously " pleased to order and direct. " And further, I am very willing, not only by our joint Endeavours " to remove & discourage any new Settl ments on the Borders, which '' have been made since my Administration of this Government, but " also by Proclamations in each Glovernment, to forbid &. deter any " Person within our respective Governments from making any oiher '• new Settlements on the Borders until His Majesty's Pleasure shal't " be known therein, pursuant to such Application. And I hope this " appears so reasonable & proper, that you will, on the Part of the " Government of Pennsylvania, readily concur herein with, " Gentlemen, " Your most humble Serv't. '^ SAM. OGLE. " Annapolis, " 23d of May, 1734." This was enclosed & addressed : "To " Andrew Hamilton & John Georges, Esqrs." Ej " No. 3. " To His Excellency Samuel Ogle, Esqr., Lieutenant Governor *' of the Province of Maryland : "Sir: " It is with great Satisfaction We find in your Paper delivered tO' ^' us yesterday, such a Readiness to join with the Governor ofPenn- " svlvania in Measures thait may preserve the Peace amongst His PROVINCIAL COUNCIL. 6U^2 *■• Majesty's Subjects living upon the Borders of the two Governments, " and Wo, on the part of Pennsylvania, do assure your Excellency, " that as it was for this good Purpose we were sent here, so we arc " now ready to agree upon any Bounds that shall be judged reasoiia- '' ble, for limiting the present Jurisdiction of the two Governments, '' without prejudice to the Right of the Proprietors thereof; And " that Proclamations shall be issued to forbid all Persons within the " respective Governmcnls from making any new Settlements near the " Borders, on the severest Penalties. And We are ready further, to " agree to remove any new Settlements that have been made upon " such Bounds as shall be agreed upon, lest the same may disturb " the Quiet of either Government, untill the Boundaries be actually " settled between the Proprietors themselves, or untill His Miijesty's " Pleasure be known therein. And as we are well assured a Rcpre- " sentation to His Majesty will be most agreeable to our Government, " we do not in the least doubt but that our Proprietors, or their Lieu- '* tenant Governor, will readily joyn with the Rt. Honble the Lord " Proprietor of Maryland, or yourself, in such a one as may best " conduce to put an end to the Misunderstandings that have arisen "' between the two Governments, bv Reason of the present Uncer- ■" tainty of the respective Boundaries. " We are, " Sir, " Your Excellency's " iVIost obedient & most humble Servts. " A. HAMILTON, JOHN GEORGES " Annapolis, " 24th May, 1734. E. " No. 4. "^ To Andrew Hamilton and John Georges, Esqrs : " I had great Pleasure in believing, as well by the Letter from the '• Governor of Pennsylvania as by your Paper of the 22d Instant, *' that you were invested with sufficient Powers to agree to any rea- " sonable Proposals for the accommodating the present Disputes, & '• preventing any of the like kind for the future, And upon this " Hope, I otTored the particular Methods mentioned in mine of the " 23d Instant, as very reasonable, & tiie most proper for those desi- " rable Ends, But since to my very great concern, I perceive by " your Paper of yesterday's date, delivered to me this day, that you 603 MINUTES OF THE " think yourselves not sufficiently authorized to jpyn with mc in mv " just and reasonable Propositions, I can only hupe, that on your '• Return to Pennsylvania you will receive more araole Powers lor " your Agreement with, " Gentlemen, *^' Your most humble Servant, *' SAM. OGLE. " Annapolis, " 25th May, 1734. E. " No. 5. " To His Excellency Samuel Ogle, Esqr. Lieutenant Governor ol -' the Province of Maryland : " Sir: " We had no reason to doubt but the Satisfaction we expressed in •■ 'our Paper of" the 24th Inst, at the OHers you were pleased to make " of joining with us in such Measures as might preserve the Peace " amongst the Inhabitants living upon the Borders of the tuo Gov- "' ernments, must have convinced your Excellency thit We conceived " ourselves fully authorized to do whatever might tend to theaccom» " plishing that necessary Work. For Iho' we were, as we still are '* of Opinion, that Measures might be tai%en for preventing any fur- " ther 13isl!iirbances upon the Borders, without any Representation " to His Majesty, and that it would be most proper for the Proprietors *' of the Provinces of Maryland & Pennsylvania, or their Lieulen- '* ant GovernorSjto join in such a Representation as they should agree "■ upon ; Yet rather than so good a Work as the restoring Peace lo- " the Inhabitants of the two Governments should be delayed, We " are ready on the part of Pennsylvania, (at the same time that We *' agree upon some reasonable Boundaries for limiling the Jurisdic- " tion of the two Governments, ) to joya with your Excellency in a " just Representatioa to His Majesty, of the Uncertainly of the " present Boundaries between the two Governments, occasioned by " not executing the Articles of Agreement, solemnly Entered into " & concluded between the Right Honblethe Lord Proprietor of Ma- •» ryland & the Honble the Proprietor of Pennsylvania & Counties *■• of Nevvcnstle, Kent & Sussex on Delaware, in May, 1732 ; And " to pray His ^lajesty, that He will be graciously pleased to inler- " pose & Enjoin the Execution of the said Agreement, according '■^ to the true Intent &; Meaning thereof, in such Manner as His PROVINCIAL COUNCIL 604 '• Majesty shall please to direct. In which Representation We hope '• vour Excellency will readily agree with, '' Sir, " Your Excellency's " Most obedient humble Servants, " A. HAMILTON, " JOHN GEORGES. " Annapolis, " 27th May, 1734." E. " No. 6. " To His Excellency Samuel Ogle, Esqr., Lieutenant Governor of " the Province of Maryland. " Sir : " It would be an unnecessary trouble again to repeat the several " Applications that have been made by us on the Partofthe Govern- " mt. of Pennsylvania to your Excellency, for your Concurrence in " Measures to preserve the Peace amongst His Majesty's Subjects " living upon the Borders of Maryland & Pennsylvania, t^'c.,& which '' We conceived could best be done by agreeing upon some Bounds " for limiting the present Jurisdiction ot' both Governments, until! " Mis Majesty's Pleasure should be known therein, without piejudice " }o the Right of the I'roprietors thereof " This will appear abundantly plain, by the Several written Repre- " sentations which we have delivered to your Excellency since our " coming to this place, on the "iOth Inst., and it will likewise appear •' by the Several papers we have received from your Excellency, on " the Part of Maryland, in what manner you have answered our Re- " quest. " Our Endeavours with your Excellency for discharging four of " the Inhabitants of Pennsylvania S,- Counties of Newcastle, Kent " & Sussex on Delaware, taken by Order of your Government from " their own Dwellings, within the Government of Pennsylvania, were " entirely disregarded, t^' ^'^ referred to the Courts of Law, where •' you was pleased to say those Persons were under Prosecution, tho' " it is manifest that two of them, (vizt :) Thomas Rtjthwell, Junr., " Si Jared Rothwell, have been settled upon Five hundred Acres of " Land granted under the Honble William Penn, Esqr., late Proprie- '• tor of the Province of Ponnsylva., & the Counties aforesaid, by his " Commissioners of {""roperty, about forty eight years ago, & po- " sessed under the said Government above twenty years, by the said " Rothwells ^' their Father, who have constantly done Suit & 605 MINUTES OF THE *' Service to the County of Newcastle, & \vitl)out Interruption Irom '* any Person, except by one James Heath, lately deceased, who laid " Claim to some Part of the said Lands by a very late Survey " made in Right of Maryland ; And others of the said Persons, " (vizt :) John Hendricks .'^' Joshua Minshall, are settled upon Lands " in Lancaster County, in the said Province of Pennsylvania, held "under the Proprietors thereof, at least eight Miles to the North- '• ward of Philadelphia, & twenty three to the Northward of the " Bounds agreed upon by the Lord Baltimore & the Proprietors of " Pennsylvania, in the year 1732. And that Wc might leave no *' Means unattempted for the Relief of these injured Men, (wholiave " been most unwarrantably confined in a loathsome Goal above *' three Months, from their own Houses, & in a strange Place, with- " out any means to subsist on,) We applied to your Provincial Court, '' & in order to induce that Court to discharge the Prisoners, We " shew'd, as we conceive, in the clearest Manner, that the Lands " upon which these Men live & were taken, are not within the Pvo- " vince of Maryland. We made it manifest that in the year 1632, " (the time when Lord Baltimore obtained his Patent from the Crown,) " & long before the Dutch & Sweeds were possessed of all that " Tract of Land on the West side of Delaware Bay & River, now " called the Counties of Newcastle, Kent & Sussex on Delaware — " And that the same Lands in 1664, were taken from the Dutch by " the English, 4' afterwards retaken from the English by the Dutch, " & in the year 1674, finally surrendered to the English; And that " Lord Baltimore never had possession of the said Tract of Land to " this day, but hath Subsisting against him, upon his two several Peti- " tions, two solemn Decisions, vizt : one made in Council in the year " 1685 by His Majesty, King James the '2d, & the other by Her " late Majesty, Queen Anne, in Council, in the year 1709, by both " which He stands excluded from any Pretence of Right to the said " three lower Counties. " It was further stated to the said Provincial Court, that Lord " Baltimore had, in the year 16S3, taken upon him to determine the " Northern Bounds of his own Province, without the Consent of the " Proprietary of Pensylvania, by running a Line from the Mouth of " Octorara Creek, (which falls into the River Sasquehannah,) Kast- " ward to the River Delaware, And that in the year 1742. by Ar- " tides of Agreement solemnly concluded between the Lord Proprie- " tary of Maryland & the Proprietaries of Pennsylva.. the Boundg " of the two Governments were so certainly describ'd that the South- •' ern Bounds of Pennsylvania, & consequently the Northern Bounds " of Maryland, cou'd be very nearly discovered, tho' the Lines were >' not actually run ; And that Joshua Minshall & John Hendricks " were arrested by the Officers of Maryland, at their own Dwellings, " which is about twenty th'-ee Miles to the Northward of both the PROVINCIAL COUNCIL. 606 Octorara Line, commonly called Lord Baltimore's Line, & the Place where it is well known the East ^' West Line agreed upon by the said Articles, to be run at the distance of fifteen Miles South of the City of Philadelphia, will fall. " This was represented with the greatest plainess, &■ that if neither the Bounds which Lord Baltimore had set to Himself so long ago as the year 1683, nor the Bounds so lately concluded upon by both Proprietors, cou'd limit Lord Baltimore's Jurisdiction, then it was plain there is no part of Pennsylvania, how remote or distant soever the same may be from Maryland, but what is lyable to be claimed by Lord Baltimore, & the Persons who have honestly purchased Lands & improved tiie same, may, upon pretence of some disregard shewn to Lord Baltimore's Character or Gov- ernment, be forcibly taken from their Dwellings& imprisoned with the greatest severity. But so it was, lest his Lordship's Claim to the Lands upon which the aforesd. Hendricks, &c. lived, should be thought to be given up by the discharge of the said Prisoners, they were denied to be relieved by the said Court, &now its required theyshould plead to the Several Informationsexhibited against them, & submit to have it ti'ied by a Jury of Maryland, whether the Lands upon which they live l)e within the Province of Pennsylvania. " Thus having, on the part of the Government of Pennsylvania, tho' in vain, us'd all Means in our power to be in some measure relieved from those Injuries & Violences done to its Inhabitants, & to procure the Concurrence of the Government of Maryland in Measures to preserve the Peace between His Majesty's Subjects inhabiting near the Borders of the two Governments, untill the Lines should be actually run by the Proprietors themselves, or till His Majesty's pleasure shall be known therein, yet being perswa- ded that such Proceedings by the Governmt. of Maryland, which is a dependant Government, as well as that of Pennsylvania, & Equally accountable to His Majesty for its Conduct, are not only contrary to that Faith & Duty we all owe to Flis said Majesty, but even to the Laws of natural Equity, in taking upon them to judge in their own Case, & by that means to determine the right of their Neighbours, which manifestly tends to destroy that Peace which ought to be preserved amongst His Majesty's Subjects, & to ren- der the Rights of the Inhabitants of the said Province of Pennsyl- vania & Counties aforesaid, as well as the safety of their Persons, uncertain c^ precarious. " It is therefore hoped that none who entertain any just Notions of the Rights of Mankind, will blame the Government of Penn- sylvania, if they take proper Measures for Protecting His Majes- ty's Subjects under their Jurisdiction, from the outrages so 607 MINUTES OF THE *' frequently committed upon them by the People of Maryland, and by " dutiful! Representation of their great patience under these publick " Abuses, implore His Majesty's most gracious Interposition. And " if, in the mean time, should the Government of Pennsylvania " (whose principles are well known to be agaitist all Force, & who '' next to His Majesty's protection, have no means to defend them- " selves but the Authority of the Civil Magistrate,) be laid under a " Necessity for their own Safety, of doing what may be deemed " unneighbourly, or to give trouble or uneasiness to His Majesty's " Subjects pretending themselves to be under the Govenunent of '' Maryland, We do declare that it will be entirely owing to your " Excellency's not joyning with us in some reasonable & Equitable ♦' Measures for preserving the Peace amongst His Majesty's Subjects " inhabiting near the Borders of the two Governments, & the un- " reasonable Confmement &, Prosecution of our Inhabitants, who " were without all Question taken by your Officers within our Gov- " ernment of Pennsylvania, <^ for that Reason, had they reaiiy " been guilty of any Offence, ought to have been discharged. " We ;ire, •' Sir, " Your Excellency's " Most obedient humble Servants, " A. HAMILTON, " JOHN GEORGES. Annapolis, " 30th May, 1734. E. " City of Annapolis, in the Province of Maryland, Mav 31st, *' 1734. " Then came before me James Flolliday, Esquire, one of the " Judges of the Provincial Court of Maryland, John Georges of " Philadelphia, Gent., and Andrew Hamilton, of the said City, " Junior, (being now at Annapolis, aforesaid,) and being sworn " on the Holv Evangelists of Almighty God, did severally declare, " And the said John Georges doth declare, that he delivered this " Day to his Excellency Samuel Ogle, Esqr., Governor of Mary- *' land, the Original of the within Paper, signed Andrew Hamilton " & John Georges; and the said Andrew Hamilton. Junr., doth " say, that he wrote the Original of which the within is a true " Copy, and was present and saw John Georges deliver the said PROVINCIAL COUNCIL. ()08 Original Paper to the said Samuel Ogle, Esquire, at his own iiouse, at Annapolis, the day &, year abovesd. And further they say not. Sworn this 3lst. day of May, Anno Dom. 1734, helore nie. " JA. HOLLYDAY E. At a Council held at Philadelphia, July 31st, 1734. PRESENT : The Honourable PATRICK GORDON, Esquire, Lieutenant Cover- nor. James Logan, Samuel Hasell, > r^ Samuel Preston, Charles Read. ^ ^ Clement Plumsted, The Minute of the preceeding Council being read and approved : The Consideration of what the Governor had then laid before the Board touching ihe Popish Chappell, was resumed, ^^' the Charter of Priviledges with the Law of this Province concerning Liberty, beisig read, & likewise the Statute of the II th & 1:2th of King William the 3d Chap. 4th, It was questioned whether the said Statute, not- withstanding the general Words in it " all others His Majesty's Do- minions," did extend to the Plantations in America, ^ admitting it did, whether any Prosecution could be carried on here by virtue thereof, while the aforesaid Law of this Province, pass'd so long since as the 4th year of Her late Majesty Queen Anne, which is about live vears posterior to the said Statute, stands unrepealed. — And under this Difficulty of concluding on any thing certain in the present case, it is left to the Governor, if he thinks litt, to represent the matter to our Superiors at home, for their Advice and Directions in it. The Governor then laid before the Board a Letter he lately re- ceived from the Governor of Virginia, which being read is in these Words : " Dear Sir : " Virginia, July 13, 1733. " It is with great Concern that I find myself obliged to write to '"' you on a Subject disagreeable to us both. In April last, a strag- '' ling Party of Indians passing thro' our Frontiers, came to a House '' in Spotsilvania County, where finding only a Poor Man and ' his Wife, they Murdered and Scalped them both. It was some " time before it was known who the iVIurderers were, but t have '> now certain Information that they were of that Nation called the 009 MINUTES OF THE " Conay Indians, who live in your Government, for so they ac- " knowledged to several of the Inliabitants on the back o( our " Mountains, to whom they owned the Fact, and shew'd the Scalps. '• Now my worthy Friend, what 1 have to request of you is, that " you will take such Measures as you judge most etfectual forbring- -• ing these Villains to Punishment, and if their Nation can be in- " duced to deliver them up to this (Government, I shall be very ready " to give them an handsome Reward, which 1 entreat you will be " pleased to promise them, in my Name, and withal to Caution them '' for the Future from coming among our Inhabitants without your " Passport, without which they will be treated as Enemies, accord- " ing to the Terms of our Treaty with the six Nations, under whose " Protection they pretend to shelter themselves. " I rec'd your obliging Letter by Mr. Phinney, nnd if the Weather " was not in the hot extream, would say more than my humble scr " vice to every Body, particularly to jour A. General, who never was " suspected ot" a fault, tho' I own I am glad he thought he was, for " the sake of that elegant and polite Apology he made in a Letter he " was so kind to write. " I am always, '• Your most affectionate and mo^t faithful! humble servt. " WILL. GOOCII.' " For His Majesty's Service, " To The Honourable The Governor of Pennsylvania." Whereupon it was observed that this Murther, tho' said to be committed in April last, yet from many concurring Circumstances, may very probably be the same which was charged on that Nation of Indians about iburteen months since, i^ the Minutes of what passed between this Government & the Indians on that Subject being pro- duced & read, It is the Opinion of the Board, that Extracts ol' these should be sent to the Governor of Virginia, & that it should be En- quired whether the fact is so recent as Afnil last, or whether it is not the same with that mentioned in these Minutes, and that in the mean time the Governor should take the mo!?t proper & prudent measuros for discovering the guilty Persons, that they may be secured and brought to condign Punishment. E. August 10th. The Governor wrote a Letter to Mr. Gooch, of wiiich the Copy follows : PROVINCIAL COUNCIL GIO " Dear Sir : " I am heartily sorry for the occasion of your last Letter touching " the Murther committed by the Conay (or as we write them Gana- " wese,) Indians, which I no sooner read, than from many concur- " ring Curcumstances, I concluded it to be the same fact which had " been charged on them about fourteen montlis since. What pains " this Government took to Enquire into that matter, ^5' how the •' Indians acquitted themselves, you will see by the inclosed Ex- " tracts from the Minutes of our Conferrences with them on that " subject, and as no Complaint came from Virginia, what was said *' in their Justification had the greater Weight Esquires. Clement Plumsted, Charles Read, | Thomas Laurence, J The Returns of the Elections of Sherifs & Coroners for the ensuing 621 MINUTES OF THE year, in the several Counties of the Province, being this day laid before the Board, the following Persons wore by 4' with the advice of the Council, appointed to the said Offices, vizt : For the City S,- County of Philadelphia. Septimus Pvobinson &: Andrew Robeson being returned for Sheriffs, ^' Owen Owen <^- John Roberts for Coroners, Septimus Robinson is appointed Sherif and Owen Owen Coroner. For the County of Bucks. Timothy Smith <^ John Hall being returned for Sherifs, fy William Atkinson ^- Jonathan Woolston for Coroners, Timothy Smith is appointed Sherif and William Atkin- son Coroner. For the County of Chester. John Parry & Richard Jones being returned for Sherifs, ^' John Wharton & Nathan Worley for Cor- oners, John Parry is appointed Sherif and John Wharton Coroner. For the County of Lancaster. Robert Buchanan & James Mitch- el being returned for Sherifs, and Joshua Lowe & Samuel Bethel for Coroners, Robert Buchanan is appointed Sherif and Joshua Lowe Coroner. And Commissions are ordered to the said Sherifs, they first giving Security as the Law directs. E- 5th. Returns from the Counties of Newcastle & Sussex being delivered to the Governor, the following Persons were appointed to the Offices of Sherif & Coroner. For the County of Newcastle. Henry Newton & John Dunning being returned for Sherifs, and Henry Gonne & John Robertson for Coroners, Henry Newton is appointed Sherif and Henry Gonne Coroner. For the County of Sussex. Robert Smith ^ Cornelius Wilt- bank being returned for Sherifs, and Joshua Fisher & John Roades for Coroners, Cornelius Wiltbank is appointed Sherif and Joshua Fish- er Coroner. E. October 7th. The Returns from the County of Kent having been yesterday brought to the Governor, vizt : Danie! Rodeney & Cresar Rodeney being returned for Sherifs, and Nicholas Lockerman & Samuel Berry for Coroners, Daniel Rodeny is appointed Sherif and Nicholas Lockerman Coroner. E. PROVINCIAL COUNCIL. 622 15th. The Representatives of the Freemen of this Province, elected the 1st instant, having pursuant to the Constitution mett yesterday in Assembly and chosen their Speaker, sent a Message to the Gov- ernor to know at what time he would be pleased to receive them for presenting their Speaker. His Honour appointed the forenoon, & gave Directions for calling a Council in the morning, but divers Mem- bers being from town, ^' others indisposed, a Quorum could not be gott together. The Representatives attending according to order, Andrew Ham- ilton. Esquire, addressing himself to the Governor, acquainted him that they had been pleased to chuse him for their Speaker, &■ were now before His Honour for His Approbation, to which the Governor answered, that he made no objecticn thereto. The Speaker then pro- ceeded to make the usual Requests for the Maintenance of their Rights Esquires. Ralph Assheton, And the Indians mentioned in the proceeding Minute. John Penn, Esqr., by the Interpreter, spoke to Ihem as follows. " My Brethren ; " I am well pleased with the Opportunity your visit gives me, so •' soon after my Arrival here, to see my good friends Hetaquanta- " gechty and Shekallamy, of both whom I have received so favour- " able a Character that you shall always be welcome to me, and [ " desire you to assure all the Indians, and particularly my good " friends of the Six Nations, that it shall be my constant care to " strengthen that firm League and Chain of Friendship which my 6^27 MINUTES OF THE " Father first began, and has since been carefully preserved between *' the Indians and all the People within this Government. " Though I was not present when the last Treaty was held with " my Brethren of the Six Nations, yet the whole of what then pass- " ed v/as made known to me, and I entirely approve of it, being " agreeable to my own Sentiments. I am therefore, for myself and " on behalf of this Government now to acquaint you: *' That it would be very agreeable to us to have some of the wise " old Men of the Six Nations at Philadelphia, according to the Ex- " pectations they gave us, but since Business of great Consequence " has prevented them, we take it kindly that they have sent you, our '' good friends, to acquaint us with the true Reason of it. We shall '^' nevertheless expect to see next year, some of your Ancient Men " of the Several Nations, that we may have a full Answer to all " those matters of which we treated together. " Though we have not had the Pleasure of seeing our Brethren of " the Six Nations, because of the Message from New York, by the " Commissioners of Indian Affairs, yet we are the less Sorry seeing " it is not improbable but those People have come hither to treat of " matters which concern all the Subjects of the Great King of Eng- " land, and as the Government of York and Pennsylvania have the " same Common Interest, and are in Effect one and the same People, " we hope every Proposition they shall make for more firmly uniting " the Six Nations to their ancient good friends, the English, and for " strengthening all the Indians against the Attacks of their Enemies, ♦' will be chearfuUy received and willingly hearkned to. " We are much concerned to find that the Shawanese, instead of " following the good Council we gave them, are desirous to go further " from us, and even to remove themselves towards the Settlements " of the French : if they should persist in this Resolution, which we " hope they will not, they will be lost to the Six Nations as well as to " us ; and therefore we must desire you, that as soon as you return " you will represent this to the Six Nations, that they may use their " Endeavours to prevent the Shawanese going off, and likewise cau- " tion the Delawares from giving any Ear to those who would per- " swade them to leave their old true friends. And on this head we " shall not be wanting to give them our wholesome Council, which " we hope their own true and real Interest will lead them to fol* " low. " As to the Complaints you make of the great Quantities of Rum " brought amongst the Indians, we believe there is but too much " reason for them ; such Complaints have been long and often re- " peated : we have made many Laws against that wicked Practice, " and we shall now order some parts of them to be interpreted to " you, that you may see how great our Care has been in those Points; PROVINCIAL COUNCIL. G28 ■** but the Indians are so fond of it, that unless you could fall on ** son^e method to hinder them from drinking it, it is scarcely pnssi- *' ble lor us to prevent its being brought to them : some People for *' the sake of Gain, will hazard anything : the woods are dark and " thick, and what is acted there seldom comes to our knowledge, and ♦' if it does, it is a very difficult matter to get any Person to witness " against those evil People what they have done, and without some *' Proof of this kind, our Laws will not punish them : all imagina- " ble Care shall be taken, that none of the Licensed Traders shall ** escape unpunished, if any such Practice shall be proved against •" them, ^ if others come amongst the Indians, they go Secretly and *' without our knowledge ; if they can be discovered they shall be *' severely punished. (Then were read & Interpreted unto them, several Paragraphs of the Act against selling Rum and other strong Liquors to the In- dians.) " You know Brethren, that all the Subjects of England are fiee, " and those who are Tradesmen generally resort to such places " where they are most likely to gett Business, but we cannot order " them to goe to where we please : it is the hope of Gain that pre- *' vails with them : we should be glad to have the Indians accommo- " dated with Smiths for mending their Guns & Hatchets, and as " the People increase, it is very likely some may settle in your Neigh- " bourhood. *' We give no Ear to those foolish People who would endeavour " to discredit our good friends of the Six Nations, with whom we " held the late Treaty : we believe those that then came to us were " good Men and had an Authority for what they said and did ; you " should disregard such idle Reports, for they can make no Impres- ** sions on us." They were then told that some Powder and Lead, with some cloath- ing, would be delivered to them. Hetaquantagechty said he was very much pleased with what had been spoke : it gave him great Satisfaction, but he thought it strange that our People would continue in a Practice so severely forbid by our Laws; he therefore desired that the Paragraph of the aforesaid Law which gives Power to any Persons to Seize and Secure Rum found at any Indian Towns or Settlements should be copied out and given him, that he might show it to the Indians. Which was ordered to be given him, but he was told that the In- dians must take Care not to drink or stave the Rum if they should find any in their Towns ; they are only to secure it, which when they have done, they are to acquaint this Government with their Proceedings, and wait till Orders are sent from hence how to pro- ceed further. 47 629 MINUTES OF THE This he said he would fully explain to the Indians. The Board having Ordered the following Goods to be gott ready^ they were delivered to the Indians, to witt i One half barrel of Powder, Six Knives, One hundred weight of Lead, Six Tobacco tongs, F«ur Strowds, Twopair of Scissors. Four Shirts, with some Bread, Rum, Tobacco and Pipes* The Governor gave Hetaquantagechty a laced Hatt, in return to the few Strings of Wampum he had presented,, with his Compliment of Condolance. The Indians having thanked the Proprietaries, Governor and Coun- cil for what had been given them, and drank a friendly Glass, de- parted. E October 17th. The following Address was this day presented to the Elder of the Honourable the Proprietaries. *' To the Honourable John Penn, Esquire, One of the Proprietors " of the Province of Pennsylvania, &c. " The Address of the Representatives of the Freemen of the said " Province, in General Assembly met. " May it please the Proprietor : " Excited by Affection and Gratitude, we chearfully Embrace " this Opportunity of Congratulating Thee on thy safe Arrival to the *' place of thy Nativity. When we commemorate the many Benefits «' bestowed on the Inhabitants of this Colony, the Religious and Civil " Liberties we possess, and to whom these valuable Priviledges, under " God and the King, are owing, we should be wanting to ourselves " and them we represent, did we not do Justice to the Memory of thy " worthy Ancestor, a Man of Principles truly humane, an Advocate " for Religion and Liberty. " What may we not hope for from a Son of so great a Man, edu- " cated under his Care and influence, by his Example? May his^ " Descendants inherit his Virtues as well as his Estate, and long *' continue a Blessing to Pennsylvania. " Signed by Order of the House, « A. HAMILTON, Speaker.'^ PROVINCIAL COUNCIL. 630 The Proprietor's Answer. " Gentlemen: " I return you my hearty Thanks for this affectionate Address; the " kind Regard you express for the Memory of My Father is most " agreeable to me, and as it was always his Desire so it is strongly " my Inclination, to do every thing in my Power that can promote " the Happiness and Prosperity of this Province." E. October 18th. The following Address was this day brought up to the Gover- nor : " To the Honourable Patrick Gordon, Esqr., Lieutenant Gover- " nor of the Province of Pennsylvania : " The Address of the Representatives of the Freemen of the said " Province, in General Assembly met. " May it please the Governor : " The happy Arrival of the Eldest of our Proprietors into this their '• Province gave us sensible Satisfaction and Pleasure, which with *' Chearfulness and Unanimity, we have endeavoured to demon- " strate in a congratulatory Address presented him on that Occa- " sion. " We gratefully acknowledge the Governor's hearty Inclinations* " to promote the Interest of this Colony, and his affectionate Re- " gard to the Inhabitants thereof, apparant not only in his kind " Expressions but in his good Conduct, which has so much contribu- *' ted to our Ease and Happiness. And we take it as a fresh Instance " of his Care for our Welfare, that he has been pleased to commu- " nicate to us the Purport of the Letter he lately received from the " Lords of Trade and Plantations, the Subject of which is of great " Importance to the People of this Province, and might justly require " our further Deliberation; but as the Governor is under a Necessi- " ty of returning a speedy Answer in that Affair, we think it a Duty " incumbent on us now to say, that we humbly conceive Hemp, " Pigg and Bar Iron, being Commodities generally purchased with " Money, by the Subjects of Great Britian from the Northern King- " doms, might on a Bounty given by the Government at home, be had " from some Parts of this and other Colonies equally good,in Exchange «' for the Manufactures and Produce of our Mother Country much " wanted and with difficulty paid for, amongst us. " The frequent assurances the Governor has been pleased to give " us of Contributing the utmost in his Power for our Interest, leave us 631 MINUTES OF THE " no Room to doubt but that he will represent these Matters in the " strongest and most advantageous Light, and will thereby renderit " a Duty incumbent on us, to repeat our Acknowledgements for this " Favour, added to the many received of him by the Inhabitants ol " this Province. " Sign'd by Order of the House, « A. HAMILTON, Speaker." The Governor's Answer. " Gentlemen : " I thank you for this obliging Address, and you may be assured »• I will not be so far wanting to myself, as to neglect any Occasion '♦ that may be improved for the Service of this Province." The House adjourned with the Governor's Concurrence, to the thirtieth day of January next. E. October 31st. On the subject matter of the Governor's Speech to the House, he wrote this day to the Right Honourable the Lords Commissioners for Trade & Plantations, in the following Terms : " My Lords : " The Regard your Lordships have shewn for the Welfare of His " Majesty's Colonies on this Continent, by giving them an Opportu- " nity of representing what may be further Necessary for the En- " couragement in raising Naval Stores, and other Commodities fit " for Britain, deserves very particular Acknowledgements, & I am, " in behalf of this Province, to make them to your Lordships on thrs " Occasion. " Your Secretary's Letter on this Subject, with its Duplicate, did " not reach my hands till the latter end of last Month, and before I " proceed to Answer it by this first Conveyance that has since ofl'ered " for London, I must beg Leave to observe to your Lordships, that " it is the whole study of the Merchants here, to contrive ways for *' making Returns to Britain to pay for those great Quantities of their " Manufactures that are daily brought hither, and it is not without " the utmost Difficulty that they are able to accomplish it. What- " ever Encouragements therefore are given for such Commodities " as this Country is capable of producing, fit for Returns directly PROVINCIAL COUNCIL. 632 ■": to Britain, will manifestly tend to increase our Importations from " thence. " Of Naval Stores, my Lords, this Province produces those two " valuable Commodities, Hemp and Iron. " The first has not as yet been raised in any great Quantities, the " price of Labour being high, tho' many are going upon it; but as " there are large tracts of Land fit for that Produce, it is to be hoped " that a Continuance of the same Bounty now given, may in time, " when Wages are lowered by the Number of Inhabitants, enable " us to make considerable Returns in it. " As to Iron, it is generally allowed that what is produced here " is as fine and good as any whatsoever, but the great Expence that " attends Works of that kind, in a Country where Labour is so dear, " has given no small Damp to these Undertakings. On a suitable " Encouragement I am perswaded that this Province, and some ol " the adjacent Colonies, may be able to import such Quantities of " Pig Metal and Bar Iron, as may very greatly abate the necessity "Britain has hitherto lain under, of supplying itself therewith on " disadvantageous terms, fi'om foreign Nations. " Flax is likewise found to agree so well with our Soil, that ii is *' not to be doubted but a very considerable Progress may soon be " made in this Commodity, of which great Quantities are imported " from other Nations into Britain, and your Lordships are so sensi- " ble of the constant Demand there is for it, that if large Supplies " can be furnished by His Majesty's Colonies, no Manufacture may *' better deserve an Encouragement or contribute more to discharge " the Debt incurred by the Importation of British Goods. *' The Mulberry Tree is likewise so natural to our Soil, growing " wild in the rich Lands ; and the Silk Worm thrives so well, that *' there is a distant Prospect of some advances towards a Silk Man- " ufacture, which, as it afords Employment for the weakest hands, " would be of the utmost advantage. Someamongstus have shewn <' how practicable a Design of this kind is, by making some small " Quantities, not inferior as I am informed, in Goodness & Fineness, " to the best from France or Italy ; but Persons are wanting to lead " us into the way of winding it from the Balls, which I understand *' to be the most difficult part of the Work. But as in time this " difficulty may be surmounted, I cannot but recommend likewise a «' Manufacture of this kind as deserving the greatest Encouragement, " since by the promoting it a valuable addition may be made to the <' Trade of Great Britain. " There have been likewise some small Essays towards making *' Potashes, & from what I have both heard & seen, there is Reason " to conclude that a Design of this kind may with Industry, if en- *' couraged, be considerably advanced. ... 633 MLNUTES OF THE " What may be proper to be proposed as Encouragements on all or " any of those Commodities I have mentioned, must be left entirely to " your Lordships, whose great Knowledge of the general trading Inter- " est of Britain, and of the ballance of Trade between that Kingdom " and those Nations from whence such Merchandizes are brought, " enables your Lordships to judge in this particular more clearly, " what may best conduce to the Benefit of Great Britain, and to the " good of its Colonies. " I beg leave to acquaint your Lordships that the Circumstances " of this Province are so litle varied from what they were in the " year 1731, when I returned an Answer to the Queries then sent '' me, that any alteration in that Answer appears at this time unne- " cessary. I am with Esteem, *' My Lords, " Your Lordships' " Most Obedient, humble Servt. " P. GORDON." E. At a Council held at Philadia. Novemr. 30th, 1734. PRESENT ; The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- nor. Henry Brooke, Thomas Griffitts, > ^ Thomas Laurence, Charles Read. S ^^""'^^' A Return of the Order of Council of the iGth of May last, for laying out a Publick Road from the great Swamp in the County of Bucks, to the North Wales Road, leading to Edward Farmer's Mill, was this day laid before the Board, & being read, is in these Words : " Pursuant to an Order of the Governor and Council of Pennsyl- " vania, to us directed, bearing date the tenth day of May, Anno. " Domini, 1734. We whose Names are hereunto subscribed, " with the assistance of John Chapman, Surveyor, have surveyed " and laid out the following Road : " Beginning at a white Oak standing near George Scabeye's Mills " in the County of Bucks, in the Province of Pennsj^Ivania aforesd., ■■' running thence South thirty five Degrees, West Seventy & six per- •' ches, thence South twenty four Perches, thence South West One *' hundred & eight perches, thence South by West Sixty perches, " thence South West three hundred & Sixty perches, thence South PROVINCIAL COUNCIL. 634 *' fifteen Degrees East one hundred seventy two perches, thence *' South two hundred & sixty perches, thence South thirty two De- ^' grees, West two hundred & sixty perches, thence South by West " fifty two perches, thence South West and by South twelve perches, " thence South East thirty two perches, thence South by East forty " four perches, thence South East one hundred ninety two perches, " thence South thirty Degrees, East two hundred & forty perches, ^* thence South One hundred fifty two perches, thence South forty *' Degrees, East forty eight Perches, thence South Sixteen Perches, " thence South by West twenty eight Perches, thence South West "' by South twenty Perches, to near Thomas Fletcher's Mill, •' thence South fifteen Degrees, East twenty Perches, thence South *' one hundred fifty two Perches, thence South thirty Degrees, East " one hundred & twelve perches, then over the Mill Creek, thence " South twenty four Degrees, East two hundred seventy two perches, " thence South seventy Degrees, East sixty perches, thence South *' twenty five Degrees, East fifty two perches, thence South twenty *' five Degrees, West two hundred forty four Perches, thence South *' fifteen Degrees, East fifty eight Perches, thence South thirty De- *' grees. East forty Perches, to near David Jenkins', thence South *' five Degrees, East forty perches, thence South East twelve Per- " ches, thence South thirty five Degrees, East sixteen perches, thence " South forty perches, thence South fifteen Degrees, East Sixty four " Perches, thence South fifteen Degrees, West forty Perches, thence " South twenty five Degrees, West forty four perches, thence South " forty perches, thence South twenty five Degrees, West twenty " eight perches, thence South West Sixty eight Perches, thence South ■" twenty five Degrees, West fifty two Perches, thence South by East " twenty perches, thence South twenty Degrees, West twenty " four perches, thence South thirty Degrees, West eighty perches, *' thence South twenty Degrees, East twenty four perches, thence " South twenty Degrees, West thirty two perches, thence South *' thirty Degrees, West one hundred forty eight perches, thence South " Sixteen Degrees, West thirty two perches, thence South five De- " grees, West one hundred & eighty perches, thence South fifteen " Degrees, East one hundred thirty two perches, to the Line between *' the County of Bucks and the County of Philadelphia, thence *' South five Degrees, East two hundred seventy two perches " thence South fifty five Degrees, West thirty two perches, thence *' South one hundred forty four perches, thence South East twen* " ty Perches, thence South forty eight perches, to the East branch " of Parkeoman, below John Mires' Mill, thence South East sixteen *' perches, thence South fifteen Degrees, East twenty four Perches, " to George Hartloes, thence South forty Degrees, West twenty " eight perches, thence South thirty Degrees, Eastten Chain or fi)rty *' perches, thence South fifteen Degrees, East sixteen perches, thence *' South thirty Degrees, East forty perches, thence South twenty five 635 MINUTES OF THE " Degrees, East twenty perches, thence South fifteen Degrees, Easl " two hundred and twenty four perches, thence South East two " hundred & sixty perches, thence South twenty five Degrees, East " forty eight perches, thence South by East fifty six perches,. " thence South East one hundred & seventy six perches, thence South " South East one hundred & twenty perches, thence South thirty " five Degrees, East twenty four perches, thence South twenty five " Degrees, East eighty perches, thence South East sixteen perches, *' to the maine Branch of Skipach, thence South Sixty perches, " thence South by East two hundred perches, thence South twenty " eight perches, to the Line of the Dutch Township, thence South " two hundred ^^quires. Clement Plumsted, Charles Read. J The Minute of the preceeding Council being read & ap[)roved, Mr. Logan, the Chief Justice, reported that at a Court of Oyer & Terminer & General Goal Delivery, held at Philadia. for the City & County of Philadelphia, the 14th & 15th days of this instant, April, two Persons, to witt: Cornelius O'Brian & Edward Fitzgerald, v/ere indicted & convicted of a Burglary, for which Sentence of Death had been passed against them, the time of its Execution being left to the Governor's Direction. A Petition from these Criminals, humbly praying the Governor's Compassion towards them, by sparing their lives, was then read, & His Honour desiring the Sentiments of the Board on the Subject — The Chief Justice gave a Relation of what passed on their Trial, & of the Behaviour of each. Which being considered, the Board are of Opinion that Fitzgerald may be reprieved conditionally, that he leave the Country, or otherwise the Sentence to stand good aoainst him ; but that O'Brian, who seemed to be more practised in such Crimes, should suffer the Sentence of the Law. Upon the Chief Justice's Application to the Governor, O'Brian was reprieved, as well as Fitzgerald, &; both sent out of the Coun- try. E. At a Council held at Philadia., May 6th, 1735 PRESENT : The Honble PATRICK GORDON, Esqr., Lieut, Governor. James Logan, Clement Plumsted, } gg j^gg Henry Brooke, Thomas Laurence. S ^ The Minute of the preceeding Council being read & approved, The Governor acquainting the Board that having some time since received information of a great Outrage committed on an Inhabitant of this Province, living on the Borders, by one William Rumsey, a Surveyor of Maryland, & of very frequent Breaches of the Peace in those parts by him & his Associates, His Honour had issued a 641 MINUTES OF THE Warrant directed to the Sherifs of the Counties of Chester & Lan- caster, & of the several Counties below, for apprehending the said Rumsey, if he should come into any of their Baily wicks, that he might be legally prosecuted for his said Offences & Breaches of His Ma- jesty's Peace ; that in pursuance of the said Warrant, Rumsey had been lately apprehended by the Sherif of Newcastle County, & was yesterday brought up hither in Custody, and that His Honour, judging it most proper that Rumsey should be acquainted with the Nature of the Offences he stands charged with in the presence of the Council, had therefore called as many of the Members together as could conveniently be had. Mr. Rumsey, in Custody of the Sherif of Philadia, being called in, and the Governor beginning to acquaint him with the Reason of his being apprehended, Mr. Rumsey humbly desired that Samuel Chew, Practitioner in Physick, who was attending without, might have leave to come in & hear what should be objected to him, the said Rumsey, for that having prevailed with Mr. Chew to be his Bail, if the Offence was baileable, it would be satisfactory to such as would come under Engagements for him, to be well informed of the Charge brought against him, Which being allowed, Mr. Chew was called in. The Governor then proceeded to inform Mr. Rumsey that repeated Complaints had been made of great Abuses &; Violences committed by him c^^ others at his Instigation, on several Inhabitants of this Province, living on the Borders of Chester & Lancaster Counties, for no other Reason, that could be learnt, than that those Persons asserted the Jurisdiction of this Province, in those parts where they live ; & their Title to their Lands, derived to them under this Gov- ernment; that particularly he, the said Rumsey, endeavouring to dis- possess one Edward Murphy of his Plantation on the North side of Peters Creek in the County of Lancaster, where he had been peacea- bly seated for several years, had caused his fences to be sett on fire, & the said Murphy, who imagining the fire to be accidental, had come out of his house to save them, to be sett upon by armed Peo- ple, & carried by force to the Goal of Coecil County, where Ac- tions & Indictments were carried on against him, to his grievous Oppression, & almost Ruin, all which is more at large sett forth in an Information which was ordered to be read. The Governor then observed how very unneighbourly, nay cruel, such Proceedings were, & especially betwixt the Subjects of the same Crown, to whom both Provinces are equally accountable for their Conduct; that some of these being carried on even while the Execu- tion of the Solemn Agreement concluded between the Proprietaries of each for accommodating all Differences touching their respective Boundaries was under the Consideration of the Commissioners ap- pointed for executing it, could not but appear still more astonishing, & lastly, that this Government had been so far from pursuing such PROVINCIAL COUNCIL. 642 violent measures as of late had been countenanced by that of Mary- land, few or no Instances could be adduced to show that any In- habitants of that Province had suffered in their Persons or Possessions, by any Attempts of the kind on our side. This was more largely spoke to by Mr. Logan, who recounted several Instances of the Leni- ty of this Government, towards some notorious Disturbers of the Peace, Inhabitants as they call themselves, of Maryland, who had been apprehended in this Province for Outrages & violences commit- ted in it. Mr Rumsey denied the Charge of burning the fences & assaulting Murphy, but acknowledged that he brought an Action of Waste against him, for cutting down Timber on that Plantation, which he, the said Rumsey, claimed, & does still claim as belonging to him by a Right under Maryland, prior to that of Murphy's under Pennsylvania. That he gave the Process of Court to the Sherif to serve, & left it to him to execute in such manner as he should think most proper. Mr. Rumsey, with the Sherif & Mr. Chew, being directed to withdraw : The Board having considered the matter, are ot Opinion that Mr. Rumsey be sent in Custody into the County of Lancaster, wherr the Breach of the Peace was committed, there to answer the same at the ensuing Court of General Quarter Sessions, unless Bail be given here before one of the Justices of the Supreme Court, for his Appearance at the said Quarter Sessions in Lancaster. E. At the Courthouse of Philadia, May 29th, 1735. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. With several of the Magistrates. Fifty four Palatines and Switzers, who with their Families, makinji in all one hundred Seventy Six Persons, were imported here in the Ship Mercury, of London, William Wilson, Master, from Rotter- dam, but last from Cowes, as by Clearance from thence, were thi;; day qualified as usual, and their Names are hereunto subjoined : Conrad Wuertz, Jacob Tenzler, Abraham Weidman, Johan Ulrich Ahner, Rudolph Weidman, Johannes Weiss, Hans Jacob Ratgal, Baltzar Bassert, Jacob Boshart, Henry Merck, Jacob Schenckel, Hans Meyer, Hendrich Huber, Caspar Netzly, Jacob Naaff, Caspar Schweitzer, 643 MINUTES OF THE Henry Oswald, Jacob Frey, Jacob Meyer, Jacob Pertshinger, Henry Bruner, Hans Kiebur, Jacob Weidman, Hans Conrad Roller, Conrad NaafF, Jacob Madter, Hans Muller, Hans Ott, Johannes Heit, Hendrich Schuber, Martin Schelberger, Jacob Maurer, Hendri Scheuchzer, Jacob Shelberger, Henry Moseke, E. Henry Surber, Hans Uhlrig Amman, Rudolph Aberley, Jacob Wyst, Rudolph Egg, Rudolph Walter, Jacob Conrad Naaff, Jacob Schmit, Conrad Meyer, Jacob Naaff, Caspar Tutt, Caspar Pleuler, Jacob Minger, Abraham Wekerley, Conrad Rutzchi, Christian Erhard Newmeiter, Johannes Molich, Philip Klein, Hendrich Forst. At a Council held at Philadelphia, the 4th of June, 1735. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. Henry Brooke, Ralph Assheton, Clement Plumsted, Thomas Laurence, Samuel Hasell, Charles Read. }■ squires. The Governor laid before the Board the following Address of the Mayor and Commonalty of this City, presented to him this day, and desired the Opinion of the Board touching the Request thereby made, & the said Address being read is as follows : " To the Honourable Patrick Gordon, Esqr., Lieutenant Governor »' of the Province of Pennsylvania, Counties of Newcastle, Kent and « Sussex, upon Delaware. " The Humble Address of the Mayor and Commonalty of the «' City of Philadelphia. " May it please the Governor : " We having certain Intelligence of the Lord Baltimore's Appli- " cation to the King, for a Confirmation or grant of the Lands com- •' monly called the Territories of Pennsylvania, or the three Counties " of Newcastle, Kent and Sussex, on Delaware, as Lands within the »* descriptive part of his Charter, And being truly sensible how PROVINCIAL COUNCIL. 644 *' deeply the Interest of theProvincein general, & of this City, &; the ^' British Merc'iants trading hither in particular, nnust be affected, '" should the Lord Baltimore succeed in obtaining a Grant for the ■■" same ; We thought it our dury, in behalf of this City, to request *' the Governor, that he would be pleased upon this extraordinary " occasion, to call together the General Assembly of this Province, " which stands Prorogued to the day of September next, & ** to lay before them such Proceedings of the said Lord Baltimore, ^* in this Affair, as are come to his hands, that they may be the bet- ^' ter enabled to judge what is proper for them to do in an affliir " which in its Event may so greatly affect not only the Inhabitants " of this Province, but all others with whom they have any Trade ^' or Commerce. " THO. LAWRENCE, May'r." The Board conceiving the Subject matter of the said Address to be of great Importance to this Province are unanimously of Opinion, that the Assembly should meet without loss of time ; Whereupon It is Ordered, that Writts be forthwith issued to the Sherifs of the res- pective Counties, commanding them to Summon the Representatives lo meet in Assembly at Philadelphia, the sixteenth day of this Instant, June. E. At a Council held at Philadia, June, 16th, 1735. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. Clement Plumsted, Samuel Hasell, "J Thomas Laurence, Charles Read. i- Esquires. Ralph Assheton, J The Meeting of the Assembly of this Province being by the Writte issued in pursuance of the preceeding Minute, fixed to this day, the Governor laid before the Board a Draught of a Speech he intended to make to the House, with Copies of the Lord Baltimore's Petition to His Majesty, the Report thereon by the Lords Commissioners for Trade & Plantations, to whom it was referred. Copies of the Petition of Richard Penn, Esqr., one of our Honourable Proprietaries, in behalf of himself & his elder Brother, now here, & of the Petition of sundry of the People called Quakers, & their Case. All which being read, the said Speech was approved of, and the sundry Papers produced were thought proper to be laid before the House. 48 645 MINUTES OF THE At a Council held at Philadia. June 17th, 1735. PKESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. Samuel Preston, Ralph Assheton, > .-, , Thomas Laurence, Charles Read. ^ ^^^"^ ^ The House of Rep-resentatives being sent for, attended with their Speaker, to whom the Governor made a Speech, which yesterday had been read .^- approved at this Board, and is in these Words : *' Mr. Speaker & Gentlemen ; *' It gives me no small Concern that I should be obliged to call you " together at a Season of the year when your domestic Affairs so ♦' very ill admilt of your absence from home. "■ But the late Accounts from England, of an unexpected Application " made to His Majesty by the Lord Proprietor of Maryland, for ob- " taining a Grant or Confirmation of the three lower Counties on *' Delaware, as Lands within the descriptive part ol his Charter, have " so greatly alarmed all those in this Province, who have du- *' }y weighed <^ considered the unhappy Consequences of disu- " niting from Pennsylvania those whom the same form of Govern- " ment. administered under the sfime Proprietaries &, Governor, and " a Similitude of Interests & Inclinations, have for many years past " closely united, that an unanimous Address from the Mayor & " Commonalty of this City, bath been presented to me, requesting " that the Representatives of the People might be conven'd as soon " as possible, to consider of such Measures as may be most proper *' to be taken on this Emergency, as well for the Interest of the " Province in general, as that of the City of Philadelphia with res- " pect to its Trade in particular. From my own sincere Regard there- " fore to the Welfare of this Province, which Duty & Affec- " tion equally lead me to consult & promote, & in complyance " with the desire of so considerable a Body as have addressed me " on this Occasion, I now meet you ,• and as it is unnecessary for " me to mention any of the Disadvantages & Inconveniences that •' would attend the Success of so extraordinary an Application to " His Majesty, since they are too many, & lie too obvious to escape " the observation of any thinking Person, I shall only lay before " you such Papers relating to this Affair, ^ the Progress yet mide " in it, as are come to my hands, & leave the whole to be consider- " ed of by you in such manner as best suits the Importance of the *' Subject, & the real Interest &, Prosperity of Pennsylvania." With a Copy of which Speech the several Papers mentioned in the preceeding Minute being delivered to the Speaker, the House withdrew. R PROVINCIAL COUNCIL. 646 18th. Thfl following Address was this day sent up from the House : " To the Honbie Patrick Gordon, Esqr., Lieutenant Governor of ** th'i Province of Pennsylvania, and of the Counties of Newcastle, ** Kent and Sussex, on Delaware. " I'he Humble Address of the Representatives of tha Freemen of •' the sai 1 Province, in General Assembly met. *' May it please the Governor : " The Regard & Affection the Governor has express'd for the ♦' Wfiltareof this Province, leave us no room to doubt the sincerity " of his Intentions, And though the Season of the year and our " do n ;suc Affairs but ill admitt of the Absence of many of us from " hi) w., yet the important occasion of our being called together, in- " cliuiis us chearfully to forego any private v ** tur.i when the Interest of the Publick calls so loudly for our As- sistance. " The extraordinary Attempt of the Lord Proprietor of Maryland " for the obtaining a Grant of the three lower Counties on Delaware, " an 1 a part of this Province, after so many repeated determinations " ot'rtie Crown, so long Possession against him, and his own solemn '' Aj;reoinent and Release, so lately made, is indeed surprizing, and " sh .;ild he succeed in that Application. We conceive it would be " an -aljd with Consequences truly unhappy to the Inhabit^ints of " {h'< Province, not only in disuniting th )se whom the same form '< of 'T)vernment, administered under the same Proprietaries & it Q ,v.>rnors, and a Similitude of Inclinations &c Interests have " clt>-<=!ly united, but in diminishing our Trade, depriving many of us '• of t u- Properties, and destroying those Religious & Civil Liber- " tie- vhich were one of the Chief inducements to the first Plantintr " of fUis Colony. And therefore it is that We are unanimously " Rac'^nA to do every thing in our Power, consistent with the Duty & " L »valty We owe to our Sovereign, which may best contribute to " thri preservation of the Interest of the Province in General, & of " the Trade of the City of Philadelphia in particular. " Signed by Order of the House. '' A. HAMILTON, Speaker." June 24th. Th >. Speaker with the House attending the Governor, the follow- ing i'-vate Bill, which had passed the Hou:"^ with His Honour's Cone irrence, was this day enacted into a Law, & the Great Seal order "i to be affixed thereunto, Entituled : 647 MINUTES OF THE An Act for the more effectual vesting and Settling certain Lands in George McCall, pursuant to the Covenants and Agreements of all the Parties having any interest in the same. The House having prepared a Petition to His Majesty, notified to the Governor their Adjournment to the 15th of September next. E. At the Courthouse of Philadia, June 28th, 1736. PRESENT : The Honourable PATRICK GORDON, Esqr., Lieutenant Gov- ernor, And some Gentlemen of the Magistracy : Thirteen Palatines, who, with their Families, making in all thirty nine Persons, were imported here in the Brig Mary, of Philadelphia, James Marshall Master, from Ljndon, were this day qualified a« usual, and their Names are hereunto subjoyned : Melchior Scholtze, Johannes Werchman, Peter Schwaub, Solomon Buckstool, Henrich Werchman, Henrich Boshart, Wilhelm Gesel, Nicholaus Botikofer, Andreas Widmar, Jacob VVidmar, Zacharias Friedrich, Solomon Buckstool, junr. Andreas Brinker, E. July 29th. Several Indians of Conestogoe and Sasquehannah, to the number of Thirty in all. Men, Women & Children, coming to Town on « friendly visit, and their Chiefs applying to the Proprietaries and Gov- ernor to be heard in Council, A Council was held at Philadia, Angus 1st, 1735. present: The Honourable THOMAS PENN, Esqr. Proprietary. The Lieutenant Governor, amuel Preston, Thomas Griffitts, Clement Plumsted, Charles Read. J- Enquires Ralph Assheton, } PROVINCIAL COUNCIL. 648 PR F SENT, also: Tioquataraghse or Civility, Onichsulyiena, Garhagenerat, Canas- quagenerat, Tatiernughti, with several other Conestogoe Indians of less Note. Ullaloes, Chief of the Ganawese, with Peyhiohinas, Joaasha, &, some others of that Nation. Gannuawantagerah, Wawiabiessanagh 4* others of the Shawan- ese. Conrad Weyser interpreter. The Proprietor toid the Indians that as soon as he heard of their Arrival he sent a Message to his Brother, at Pennsbury, acquainting him therewith, but that he is so much indisposed as not to be able to come down, & that the Council are now met to hear what they had to offer. Civility, by the Interpreter, said : That there are now present three different Nations of the Indians, to witt : the Conestogoes, Ganawese and Shawanese, who are come down to visit the Proprietors, and to renew with them the League & Chain of Friendship. That when William Penn first came into this Country, he called many of the Indians ti>gether and told them that the Great King of England had given unto him a large Tract of Land, on which seve- ral Nations of Indians were settled ; that it was his desire to live in Peace & good Friendship with all those Indians, & therefore he would make Purchases from them of those Lands, before they should be possessed by the White People. That the Indians told Willm. Penn he and they should live on those Lands like Brethren, in Love & Friendship; whereupon Willm. Penn and the Indians ei.ired into a League of Friendship together, whereby they became all as one People and one Nation, joyned to- gether so strongly that nothing should ever disunite them, but that they should continue one People for ever. That one Chief Article then agreed on between Willm. Penn & the Indians was, that if any Mischief or Hurt should befall either, they should assist one another, and constantly have their Eyes open to watch for each other's Safely, and iheir Ears open that if any News were brought from any Country that might give uneasiness to either, they should carefully inform each other of what they heard. That it was further agreed between Willm. Penn & the Indians, that each should bear a share in the other's Misfortunes. That this 649 MINUTES OF THE Country, tbo' it Might be filled with People of different Nations, yet Care should he taken that Justire should be done to every Person, and no Mischief happen without Satisfaction being given when it was necessary. That Willm. Penn & the Indians agreed on other Articles, of all which two Papers were written ; one of them their Brother Willm. Penn had &. the other they have brought with them, to show that they preserve all these things carefully. That their Brother, Willm. Penn, lold the Indians this Agreement was to continue for three Generations. Then laying down three bundles of skins, He said : That they were now come hither to see Willm. Penn's Sons, to take them by the hand and renew with them the League of Friendship made with their Father. And to bind their Words, they now pre- sented, in the Name of all the Conestogoe, Ganawese and Shawan- ese Indians, three bundles of Skins. Civility laying down another small Bundle of skins, added : That the Shawanese Indians, who live upon River, lately Sent him a Present of Skins, which he now gives to the Proprieta- ries, to engage them to assist in composing any I>iiferences that may arise between the Irish People, who are come into those parts, and these Indians, who intend to live & dye where they are now set- tled. That he has now finished all he had to say. The Proprietor told the Indians that he would speak to them on the Heads they had mentioned verj soon ; S,' orders being given for their good Accommodation & Entertainment, they were at present dismissed. E. At a Council held at Philadia, August 2d, 1735. present: The Honble THOMAS PENN, Esquire. The Lieutenant Governor, Samuel Preston, Thomas Griffitts, 1 p Ralph Assheton, Charles Read. j lisquires. PROVINCIAL COUNCIL. 050 And the Indians mentioned in the proceeding Minute. The Proprietor spoke to the Indians by the Interpreter as fol- lows : " Friends & Brethren: " I told you yesterday, that on the first Notice I had of your *' connirig to town I had sent to my Brother, whom I had left at *' Pennsbury, to desire his company here, ^ I am now truly sorry *' that the lndispo>ition he labours under, which till it is over will ^' not suffer him to travel, must deprive him of the pleasure he would ■" have taken at your visit. You are sensible he is your Country- ■*' man, being born in the same Land with you, and for this reason *' he would have desired to see you ; but he has sent me a Letter by ■" which i know his mind, and now since he cannot be present him- " self I shall give j'^ou both his 4* my own Sentiments, which I as- "" sure you are exactly the same. *• We need not now tell you, who formerly saw our Father Willm. *' Penn here, that he loved all the Indians as his own People & Chil- *' dren, he shewed it in all his Actions and Conduct towards them; *' he made firm Leagues of friendship with all the Indians, and he '* not only observed them strictly himself, but he gave it in charge *' to us his children to do the same. And as we are the same with " our Father, so we are very well pleased to find by this visit, and ^' what you have said, that you are the very same you were when •" he was here, and that you not only remember the Substance of ■" what then past, but also have kept one of the Instruments or Wri- *' ting that he gave your Fathers under his hand. " Now as you are come with that very good Design to renew & ^' strengthen those former Ti'eaties, I doubt not but you will believe "" with me that the most proper Method for this is to read over to ^' vou here, since you cannot read yourselves, the principal of those *' Writings that passed between our Father and you or your Fath- ^* ers, when ours was last here, which are in these Words : " We. Widaagh alias Orytyagh and Andaggy-junkquagh, Kings ^' or Sachemas of the Sasquehannah Indians, and of the River un- <' der that Name, and Lands lying on both sides thereof, doe declare *' That for and in Consideration of a parcel of English Goods unto <' us given by our Friend &. Brother William Penn, Proprietary and " Governor of Pennsylvania, and also in Consideration of the -*' former much greater Costs and Charges of the said William <' Penn hath been at in treating about and purchasing the same, We " doe hereby Give, Grant and Confirm unto the said William Penn *« all the said River Sasquehannah &, all the Islands therein, and al " the Lands situate, lying and being upon both sides of the said Ri- *» ver, and next adjoyning to the same, extending to the utmost Con- <' fines of the Lands which are or formerly were the Right of the «5I MINUTES OF THE " People or Nation called the Sasquehannah Indians, or by what name- " soever they were called or known. And also aH the Lakes, Riv- " eps, Rivulets, Fountains, Streams, Trees, Woods, Underwoods, " Mines Royal and other Mines, Minerals, Quarries, Hawkings^ ** Huntings, Fishings, and Fowlings, and other Royakies, Privileges, " and Powers whatsoever, to them or any of them belonging, or by *' them enjoyed as fully and amply in all Respects as we or any of " our Ancestors have, could, might or ought to have, had, held or •■« enjoyed. And also, all the Right, Title, Interest, Possession, " Claim and Demand, which we or any of us, or the said Nation, " or any in right of the same, have or hereafter can or may claim " to have in the same. And we do hereby Ratify and Confirm unto *' the said William Penn, the Bargain & Sale of the said Lands, *♦ made unto Coll. Thomis Dongan, now Earl of Limerick, &. for- ♦' merly Governor of New York, whose Deed of Sale to the said »' Govr. Penn we have seen. TO HAVE & TO HOLD the said *' River, Lands & Premises hereby granted and confirmed, with their •^' & every of their Rights, Members & Appurtenances, unto the said' •' Willm. Tenn, his Heirs and Assigns, to the only proper Use and- *' Behoof of the said William Penn, his Heirs and Assigns, for ever. *' In Witness whereof we have, for ourselves & Nation, hereunto- *' sett our Hands & Seals, the thirteenth day of September 1700. his " Widaagh > Esquii PROVINCIAL COUNCIL. 658 come hither, these following Goods are now given to bind our Words, to wit : Four fine Guns, Twenty pounds of Powder, Eight Strowds, Forly pounds of Lead, Eight Blankets, Thirty Knives and Eight Shirts, Fifty Flints. Four Hats, With some Rum, Pipes, Tobacco and Bread. Which the Indians received with great Thankfulness. The Governor then spoke to the Indians by the Interpreter as follows : " My Friends & Brethren : " Our Honble Proprietor having returned an Answer in behalf of " this Government, to what you delivered, «^ having ratified with '* you all those great Articles of Peace and Friendship so long since " concluded between you & us, I am now to speak to you of a mat- " ter of the greatest Importance to the Preservation of our mutual *' Friendship and good Understanding. " You are fully sensible from what has passed at this present time, " as well as from what has been the Subject of all our former Trea- " ties with the Indians, that the doing of exact Justice to each other, " is the foundation & Groundwork on which all the Articles of our *' Treaties are built, and which ever of us fails in this Point, contra- " diets by their Actions what in the strongest Words and Expressions ** we have mutually agreed to perform. I need not say much to show « how exactly carefull we have been to give the Indians all reason- ** able Satisfaction in every matter for which they could have any just <' Ground of Complaint, <^ you may all remember that when two of " our People had been so wicked as to kill two ofour Indians Friends, " we brought the guilty Persons to a Trial in the same manner as if " they had killed a white Man, and they both suffered Death for the " Crime they Committed. We have therefore the greatest Reason " to expect from the Indians, that in cases of the like Nature they " should be exactly carefull to deal by us as we do by them, and we " think ourselves ill treated if the least Delay or Hesitation is made " in doing us Justice, when any of our People have suffered by the *♦ Wickedness or Folly of yours. " Ullaloes, the Ganawese Chief, may remember that in the Sum- " mer 17S3, he came hither with Four others of that Nation, to Sat- " isfy us that there was no Truth in a Report that then was spread, «' of three of their young Men having killed two white People in «• Virginia, the Winter before. Ullaloes assured us he had seen the «• Scalps that those young Men had brought home ; that they were 657 MINUTES OF THE " of Indians, & not of white Men, and that these Ganawese War- " riors entirely denied they had been guilty of any such Crime as " was laid to their Charge. But however they may have endeav- " oured to impose upon you, whom we believe to be honest good <' Men, yet it is but too true, that in the back parts of Virginia they «' cruelly Murdered a poor Mnn and his Wife, & scalped them both. " Thejlnformation of this affair has been so particularly given to " the Governor ot Virginia, and there are so many concurring Cir- " cumstances now discovered by the Accounts of several who saw " & c )nversed with those Indians on their Return homewards, that " we cannot but believe them guilty. And as that Governor has " demanded these guilty persons to be delivered up to him to be ^" punished, I must require of you the Names of those Indians, & " that you will order them as soon as possible to be secured; & if I' you will undertaive to carry them to Virginia, & deliver them up I' to the Governor there, he hath assured me that he will receive you " as his friends, and give you an handsome Reward for your trou- " ble." •' The Governor hereupon delivering a large Belt of Wampum, told the Indians he expected from them a full and satisfatory An- swer. The Indians having for sometime consulted together, UUaloes, the Ganawese Chief, answered by the Interpreter : " Brethren : " It is true when I came here about this matter, 1 told you I had " seen the Scalps, and that they were of Indians and not of white " Men : when I returned home I was very careful in making a fur- «' ther Enquiry, but I could find out nothing that could make me " bolieve th')se were guilty whom you suspected. I thought this " whole affair had been long since at an End, and did nof expect " that after we had renewed together our Leagues of Peace <^ Friend- " ship it would again have been mentioned ; but whether those three " Indians of our Nation who returned that year from the South- « ward were guilty or not, they are not now alive, for, in a Fight " with the Flatheads, last Spring was a year, near Roanoake River " in North Carolina, they were all killed, as a young Man now here » named Enachscappi, who was in that fight, and saw them with " nine more fall before he fled, can fully testify." Ullaloes then desiring that the Governor would take back the Belt of Wampum was asked whether the Person called the Ganawese Collonel was not one of the three ; he answerd no, he was then at Patowmack hunting, and was not further to the Southward; that he IS alive ; would have been here at this time, but having burnt his Lee IS not able to travel. ^ The Governor receiving back the Belt of Wampum, told the PROVINCIAL COUNCIL. 658 Indians that what he had now said proceeded from another Letter which he had lately received from the Governor of Virginia, but as the accused Persoris whether guilty or not are dead, it is to no pur- pose to mention any thing further of them. That he must caution all those now here from suffering any of their People to goe into those parts for the future, without some sufficient Credential from this Government, to show that they are come as Friends, for other- wise they may expect to be treated as Enemies, the Governor and People of Virginia being greatly provoked at the inhuman Barbarity of the late Murther, which must undoubtedly have been committed by none but Indians. The Indians promising to take all proper Care herein, and adding that they intended to sett out to morrow on their Return home, were invited to drink a friendly Glass, after which they took Leave of the Proprietor, Governor and Council. The Board then taking into Consideration the Services of Conrad Weyser the Interpreter, on the present Treaty and on the two late Messages from the Six Nations, are of Opinion that the sum of Twelve pounds be paid him for his Trouble. And that the Account exhibited by him of £6, 12, 8, expended for Provisions lodged at Shamokin for the Entertainment of the In- dians of the Six Nations, who were expected there this Summer, be likewise allowed. And the Provincial Treasurer is desired to pay the same accord- ingly. K. At the Courthouse of Philadia, August 26th, 1735. PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. With some of the Magistrates. Eighteen Switzers, who, with their Families, making in all forty five Persons, were imported here in the Billinder Oliver, Samuel Merchant, Master, from South Carolina, were this day Qualified as usual, and their Names are hereunto subjoined : Hans Bucher, Ulrich Meysler,' Lazarus Wanger, Jacob Stelly, Hans Roller, Christian Weber, Christian Brenholtze, Ulrich Willem, Hans Michel Pingly, Johannes Otter, 659 MINUTES OF THE Christian Swalher, Jacob Wilhelm Haross, Hans Lyinburger, Pieter Henckels, Abraham Mauslin, Hans Lyinburger, junr. Johannes Marti, Hans Bucher, junr. E. } At a Council held at Philadia, September 10th, 1735. PRESENT : The Honble the Proprietaries.* Janies Logan, Thomas Griffitts, Samuel Preston, Ralph Assheton, ^Esquires. Clement Plumsied, Charles Read. Thomas Laurence, Hetaquantageclity & Shekallamy, with three other Indians, com- ing to Town yesterday, on a Message from the Six Nations, were now heard, & by Conrad Weyser Interpreter, Hetaquaniagechty said as follows : That the Six Nations had sent to him & Shekallamy two of those Indians, who are now present, towitt: Sayadiock & Cannughskaya, with an Excuse to be delivered to us, for their not coming this Fall to Philadelphia, as they had intended. That they had considered fully of all that had been treated of between this Government & them, & were determined to have brought a full Answer to it, but their Chiefs being obliged to meet the Governor of New York at Albany about this time, they could not for that Reason come hither. That they aie concerned lest we should think from so long a Delay that they may have neglected what passed between us, but that we may depend on it, that some of the principal Men of each Nation will visit us early in the Spring, & send Notice to us of their com- ing. And hereupon he presented some Strings of Wampum. He then proceeded to say, that at the great Treaty held here three years since, the Six Nations were desired to join with us in endeav- ouring to bring back the Shawanese from Allegheney, to whom, with our Words on that Occasion, we had desired that a Belt of Wampum then given might be presented. That according to our Desire some Chief men of the Six Nations had gone to Allegheney, ^ carried that Belt with five others from these Nations ; that they had delivered them to the Shawanese there, & had been very pressing with them to return towards Sasquehannah, assuring them that the Six Nations would take them under their Wings Sf protect them, but that the Shawanese had entirely refused to leave that place, which they 'The Governor was indisposed. PROVINCIAL COUNCIL. 660 said was more commodious for them, that nevertheless they accepted of all the Belts, & in return of them had given others. Tl)ii presenting the Belt in return to that from this Government, he said the Shawanese gave it w'th Expressions of their being in perfect Friendship with us, and desiring to remain so. He added hereupon that one Tribe of those Shawanese had never behaved themselves as ihey ought; they seemed not to have good Designs ; the Six Nations were not satisfied with them. That he must now acquaint us with a melancholy piece of ne>vs ■occasioned by these Shawanese. That a great Man of the Tsanan- dowas named Sagohandechty, whu lived on Allegheney, went with the other Chiefs of the Six Nations, to prevail with the Shawanese to return ; that he was the Speaker, i^* pressed them so closely that they ti>ok a great Dislike to him, and some Months after the other Chiefs were returned, they seized on him t^ murdered him cruelly.' That the Six Nations greatly resented this Barbarity, and think it ought not to pass unrevenged, but they would willingly have our Advice on the Oc:asion ; and whether, as that tribe of the Shawa- nese has fled to the Southward, it might not be proper to write to the Governor of Virginia, who is a warlike man, to acquaint him with what they have already dune, and what Mischief they may still doe if they are not cut off. Hetaquantagechty then delivered a Letter addressed to the Gover- nor of Pennsylva., from one Ab. Wendail, dated from the Tsanan- dowas' Country, &; wrote in low Dutch, giving an Accot. of what had happened to Sagohandechty, as related above, which some Chiefs of that Nation had desired might be wrote, & sent by the two Mes- sengers, lest they should want an Interpreter when they came thith- er. It was then asked them how many of the Chiefs of the Six Na- tions went amongst the Shawanese, ^ of what Nations they were, ^ their Names. To which they answered that Toghaghski, of the Onandagoes, Anmuhuana, of the Cayonges, Sonytowana & Achscutax, of the Tsanandowas, with the other Indian Chief that was killed, were the Persons. They added that the Tribe of Shawanese complained of is called Shaweygira, & consists of abi ut thirty young Men, ten old Men, & SI veral VVomen ^ Children ; that it is supposed they are now returned to the place from whence they first came, which is below Carolina. Being asked if they had any thing further to say, they answered they had finished what they had to deliver. 49 661 MINUTES OF THE The Indians being withdrawn, The Board on considering this Message, are of Opinion that since the Chiefs of the Six Nations had thought fitt to have it committed to writing, a written Answer should be in hke manner returned, the Substance whereof might be interpreted to these Messengers, & Mr. Logan was desiied to prepare the same. E. I At a Council held at Philadia, September 12th, 1735. PRESENT : The Honble the Proprietaries.* James Logan, Ralph Assheton, Samuel Preston, Samuel Hasell, i Esquires. Clement Plumsted, Thomas Griffitts. J Thomas Laurence. The preceeding Minute being read, a Draught of a Letter to the Chiefs of the Six Nations, in Answer to that wrote by Mr. Wen- dall, was laid before the Board, & being read was approved, & is in these Words : " Our very good friends ^ Brethren, " We have received by your Messengers, Sayadioch & Cannugh- " skaya, the Letter wrote by your order by Abraham Wendall, with " astring of Wampum, acquainting us, that according to our Request " some of your People had gone to the Indians settled on Ohio, & " endeavoured to perswade them to come & live nearer to you & us, " but they would not hearken ; your Messengers further say you had " delivered the Belt we sent to the Shawanese, which they had re- " ceived, &, had sent another for us which we have also received; ^ " that they declared tho' they could not return back they would live " in Peace. When our good Brother Tyoninhogaroe was with us, " we gave him very good reasons why those People should return *' both for their own advantage, & for yours, & ours. We are very *' much grieved for the Loss of that great Man, our good Friend, " whom those barbarous People murthered. Those that did that " wicked Act we hear were strangers, that came about four years •' since from the Westward or Southward to Ohio, but we know not " from whence, nor to what parts they are gone, but we shall enquire, '* & if we can learn we shall inform you when we see you; for as <* three Summers are now past since we hoped to see some of our •The Governor continues indisposed. PROVINCIAL COUNCIL. 662 *' good friends of the Chiefs of the Six Nations here, we shall not ■" now doubt but according to your Letter we shall see some Chiefs *' of each Nation next Spring, & then we may discourse further of *' all these matters. In the mean tim^, as we mourn with you for •" the Loss of that good Man, We send you by these Messengers, •" six Handkerchiefs to wipe and drv away tears, and as you have *' endeavoured to preserve Peace <^' Friendship amongst all the Na- *' tions & People about you, we hope the same will continue both *' Northward & Southward. We also send two Strowds to confirm " this Letter, which is put both into English & Dutch, that you may " the more easily get it read ^ Interpreted ; we have also acquainted *' your Messengers with the Substance of it, that they may relate it " to you. " We are your very loving Friends &, Brothers, " JOHN PENN, " THOMAS PENN." Addressed thus : " To our very good Friends & Brothers, " the Chiefs of the Six Nations." After which the Board proceeded to consider of what might be proper to be given to these Messengers & those that had accompa- nied them hither. And it is Ordered that two Strowds, two Shirts, twelve pounds of powder & twenty four pounds of Lead, be given to the two Messengers ; two Strowds, two Blankets, Six pounds of powder & twelve pounds of Lead to Hetaquantagechty & Shekalla- my. That thirty shillings be put into Conrad Weyser's hands to defray their Charges on their Return, and that the Expence of their Entertainment in town be likewise paid. All which is recommended to the Provincial Treasurer to discharge. It was likewise ordered that forty Shillings be given Conrad Wey- ser, for his Expence 4- Trouble in coming with them & serving as Interpreter. The Indians being called in, the foregoing Letter was Interpreted to them, with which they expressed their Satisfaction; they were told what was agreed to be given them, for which they returned thanks; &. having been Entertained by the Honourable the Proprietaries, they took leave. The Letters being prepared & the Present got ready, both were delivered in the afternoon to the Indians, who next Morning sett out on their Return. E. 6m MINUTES OF THE September ?Olh. The House of Representatives having mett on the 15th ins'asit, pursuant to their Adjournment, notified the same to the Governor. And having understood that the Honble John Penn, Esquire, was- speedily toembarque for England, the whole House with their Speak- er, waited on him with the lullowing Address. " To the Honourable John Penn, Esqr., one of the Proprietaries " of the Province of Pennsylvaniu. " The Humble Address of the Representatives of the Freemen of " tlie said Province, in General Assembly met. " May it please the Proprietor: " That just Esteem and grateful Sense which the People of this- " Province have always retained for the Memory of thy Honourable " Father, our fate Proprietor and Governor, raised in them the " strongest Desires to see some o( the Descendants of that great " Man among us. " As his wise Example gave us just Reason to hope, so it was our " daily Wishes that his Virtues as well as his Estate might descend " to his [Posterity. And it is with Pleat-ure we can now say,, it was *' not in vain we promised ourselves from Tliee, that Affection and ♦'• Regard which is natural for a good Man to have for the People of " his Nativity. " That Humility, Justice and Benevolence which has appeared' in " thy Conduct since thy Arrival here, has very deservedly gained " Thee the Esteem and Affection of the People, And. we do with " Tiuth say thy leaving us at this Time, gives an universal Concern " to the Inhabitants of this Province. " May thy Voyage be prosperous, and thy Success equal to the " Justice of thy Cause, and may we soon have the Happiness of " seeing Thee return a Blessing to thy native Country. And give " us leave to hope that thou wilt upon eveiy Occasion join thy fa- *' vourable Sentiments towards the People of this Place, with those *' of thy Honourable Brother, who by his Stay here will have fre- •' quent Opportunities of doing what wiPl always endear your Hon- " ourable Family to the Freemen of Pennsylvania. " Signed by order of the House. " A. HAMILTON, Speaker." To which Mr. Penn returned the followiug Answer: " Gentlemen : " I am very sensible o*' the Concern you express for me, and am " ol)lig^'d to you ft r this kind Address. 1 am glad of this opportu- •' nity of seeing the Representatives of the Freemen of Pennsylvania; " at my Departure, and you may be assured I shall make it my PROVINCIAL COUNCIL. &64 " particular Care to do every Thing in my Power that may advance "* the Interest of this my native Country." The same day the Ht>use sent up to the (.jovernor an Order on the Trustees of the Loan Office, for Four hundred Pounds, in full of the Support for thi! current year, & acquainted him that they irUended to rise in the afternonn, if Me had nothing to lay helore them. The Governor lliankod the House, 4' answered he had not any ithing of moment to lay before them. E. At a Council held at Philadia, September 27th, 1735. pkksknt: The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton, ^ Samuel Preston, Samuel Hisell, I p Clement Plumsled, Thomas GrifTitts, r M - • Thomas Laurence, Charles Head. J The Governor acq^uainled the Board that he had called them to- gether to lav before them an Account he had yesterday received, of a most outrageous Riot committed by --undry People living on the west side of Sasquchannah River, who had sett upon Robert Bu- chanan. Esquire, the High Sherif of Lanca-ster County & his As- sistants, who had gone over that River to execute His Majesty's Writts on some Debtor.-: living there, & far within the iuiquestionabl« Boundaries of this Province, which being at more large sett forth in a Deposition of John Powell, undersherif of the said County, made before the Justices of the Supreme Court of tliis Piovince in open Court, where Daniel Dulany, Es<:|r , Attorney General of iMaryland was present, the said Deposition was read & is in these Words : " JOHN POWELL, Undersherif of the County of Lancas'er, in '♦ the Province of Pennsylvania, b«ing solemnly Sworn on the Holy *' Evano-elists niaketh oath, that on Tuesday morning, the twenty ■" tliird of this Instant, September, he accompanied Robert Buchanan, " Esqr., High Sherif of the said County, and four others, to witt : " Arthur Buchanan, M-atlhew George, John Mitchel, and Alexander " Mitchel. who the Day before went over Sasquchannah liiver. in " a peaceable manner, & without any Arms whatsoever, to execute " His Majesty's Writts on some Debtors living on the West side of *' that River, Inhabitants of the said County; that the said Shei-if " having served a Wrirt on one Andrew M'Gill, who not being able " to Give Bail to the Action, was sent under CAistody of the two " Mitchels to Lancaster Goal, he, the said Sherif, with the &65 MINUTES OF THE " others, went the day following ta serve another Writt at the " Suit of Wilham Branson, of the City of Philadelphia, Merchant^ " on one Jacob Lochman, Hlacksmilh, living about seven Miles west- " erly from the house of John Hendricks, ^ about twenty three ' Miles to the Northward of the Octarairoe Line, which this De- " ponent is informed was run by the Grandfather of the present '• Lord Baltimore, as the Norlhern Boundary of Maryland. That " having served the said Writt on Lochman, who being likewise " unable to give Bail to the Action, they were bringing him to Lan- " caster Goal, when within about two or three Miles West of John " Hendrick's house, one Mark Kvans, planter, met them and asked the " Sherif where he was carrying Lochman ; the Sherif said he was- " carrying him to Goal unless he would give Bail ; to this Evans " replied that he believed Bail could be found, which he had no sooner " said, than about twenty or thiity Men on Horseback, armed with '• Cutlasses <^ Clubs, appeared at a little distance ad^^ancing towards " them, &; coming up fell upon the Sherif & his Assistants, in a " most furious &. violent manner, i^' having beat & grievously wound- •' ed them, (f rescued Lochman, the said Sherif and his Company " were forced to betake themselves to Flight; but the Sherif 's Horse " failing him he fell again into their hands ; upon which he, this " Depoiit., with Arthur Bucha))an & Matthew George, stopped at '* some small Distance, & saw tour Men at once beating the said* " Sherif with heavy Clubs, who with his hands lifted up was en- " deavouring to save his head ; that being overpowered by Numbers- " & violently |)ulled off his Horse, he was so cruelly used that Ar- '' thur Buchanan with this Deponent, were resolved to go back & " suffer with him ; but as they drew near th^ Sherif called out to his " Brother, the said Arthur, not to hazard more Lives, his own he " hoped would be sufficient for them. And that hereupon some of " those Rioters pursued him, this D?poncnt, (Sz. with a very heavy *' Cudgell struck him so severe a Blow across his Back, that he has " ever since been under very great pain. And that the said Artliur " Buchanan & Matthew George were so extreamly beat & bruised' " likewise, that it was not without the utmost Difficulty that they " were able to escape. And this Deponent further says, that when' " he left Sasquehanah there were no accounts of the High Sherif, " nor was it known whether he was dead or alive, but this Deponentr " verily believes the said Sherif is mortally wounded, or at least' " that he must be in a very languishing Condition, having received' " many VVounds & Blows. That most of the Persons who thus "-attacked the said Sherif & his Assistants are unknown to the De- " ponent, except these seven following, to witt : Mark Evans, above " named, Michael Rysner, Francis Clapsaddle, Christian Croll, Bern- " ard Weyman, Nicholas Kens & Martin Schutz, who all live on' PROVINCIAL COUNCIL. 666 " the West side of Sasquehannah River, not above one Mile to the " Southward o( the house of John Hendricks. " JO'N. POWELL." The Deponent aforesaid being asked under what Government these People owned themselves, " Answered that he knows they call themselves Marylanders, be- " cause when he was some time agoeover Susquehannah, he had ta- *' ken a prisoner, one Francis Clapsaddle, by virtue of a Writt for " Debt from Lancaster County, that one of the Persons that rescued " the Prisoner in the Deposition aforesaid Mentioned, was one of the " same persons who rescued the said Francis Clapsaddle, and the " same time presented a Gun at the Deponent, and told him that " they belonged to Maryland, and would not suffer any Officer of " Pennsylvania to come over the River ; and that in particular the " Man who presented the Gun at the Deponent when Clapsaddle " was rescued, calling himself a Marylander, and was one of the " Persons who assaulted the Sherif and this Deponent, in the man- " ner set forth in the aforesaid Deposition. " The foregoing Deposition, and Interrogatory and Answerthere- " unto, were taken in the Supreme Court of Pennsylvania, held at " Philadelphia the 24th day of 7br, 1735, Daniel Dulany, Esqr., *» Attorney General of the Province of Maryland, being present, " who being desired to cross examine the Deponent, (if he thought fit,) *' declined the same. "JOS'A. LAURENCE, pton." The Governor hereupon desired (he Advice of the Board, in what manner it might be most proper to proceed in the present Case, against the Rioters, most of whom tho' pretending to be Inhabitants of Maryland, are notwithstanding actually settled on Lands lying far within the unquestionable Bounds of this Province. The Board Expressed their just Resentment on so heinous a Prov- ocation. & observing that this Procedure is of the same Nature with manv others that of late have been countenanced & encouraged by the Government of Maryland, who seem inclined, notwithstanding all the strong Instances that have been made for preserving His Majesty's Peace, to continue in their Violences, are ofOpinion that if the Sherif of Lancaster is detained by any Officer of Maryland, within the Limits of that Province, a Demand should be forthwith made, by Letter to the Governor of Maryland, for setting him at Libertv, Sf that Precepts be issued by the Justices of the Supreme Court, before whom the Examinations in this affair have been taken, for apprehending such of the Rioters whose Names are known, or can with certainty be discovered, & in case they cannot be appre- hended by Virtue of such Warrants, that a Proclamation be issued 667 MINUTES OF THE by the Governor promising a Reward of Twenty Pounds, to he paid out. o( the PuLlick Treasury of this Province, for apprehending every Person concerned in the said Uiot, so as that he be convicted thereof in any Court of this Province. E. At a Council held at Philadia, October 3d, 1735. PRESKN r : The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Griffitts, ) r? Til T /-.I I Ti 1 /• Esqusres. Ihomas Laurence, Cliarles Read. ^ The Returns of the Elections of Sherifs and Coroners for the City and County of Philadelphia, <^^ ('ounties of Bucks and Chester; this ensuing year, being laid before the Board, the following Persons were nominated to those Offices, to witt : For the City & (bounty of Philadelphia. Joseph Brientnal nn^ John Roberts being returned for Sherifs, and Owen Owen & Davi^^ Evans for Coroners, Joseph Brientnal is appointed Sherif and Owen Owen (Joroner. For the County of Bucks. Timothv Smith & John Hart being returned for Sherifs, and William Atkinson & Jonathan Woolston for Coroners, Timothy Smith is appointed Sherif and William Atkin- son Coroner. For the County of Chester. John Owen & Benjamin Davis being returned for Shcrils, and John Wharton & Honry Lewis for Coroners, John Owen is appointed Sherif and John Wharton Cor- oner. And Commissions are ordered to be issued accordingly, the Sherifs giving Security as the Law directs. The Return from the County of Newcastle being brought to the Governor, whereby Henry Newton & John (Tooding are returned for Sherifs, and Henry Gonnc &; James HarTiilton for Coroners, His Honour thought proper to appoint John Gooding to be Sherif and Henry Gonne to be Coroner. The same day in the afternoon, out of Council. The Return from the County of Lancaster being made, and Sam- uel Smith & James Mitchell being returned f»)r Sherifs. and James Armstrong & \N illiam Caldwell lor Coroners, Samuel Smith is ap- pointed Sherif aiid James Armstroug Coroner. E. PROVINCIAL COUNCIL. 666 October 5th. The returns for the Elections in the Counties of Kent & Sussex being received, the following Persons were by the Governor nomina- ted to the Offices of Sherif &, Coroner there: For the County of Kent. Daniel Rodeney & Casar Rodeney being returned for Sherifs, and JN'icholas Lockerman & Samuel Berry for Coroners, Daniel Rodeney is appointed Sherif and Nicholas Lockeiman Coroner. For the County of Sussex. Cornelius Wiltbank & John Shank- land being returned (or Sherifs, and Daniel Nunez & William Selt- huge for Coroners, John Shankland is appointed Sherif and Daniel Nunez Coroner. E. At a Council held at Philadia, October 15th, 1735, PRESENT : The Honble PATRICK GORDON, Esqr., Lieut. Governor. Samuel Preston, Thomas Griffitts. ? p • Ralph Assheton, ^ ^ The Representatives of the Freemen of this Province elected the first Instant, having met yesterday pursuant to the Charier & Law, & having proceeded to the Choice of a Speaker, notified the same to the Governor, who appointed to receive them this forenoon at his house. And the said Representatives accordingly attending, Andrew Ham- ilton, Esqr., addressing himself to the Governor, said that they hav- ing done him the Honour to nominate him to be Speaker, he was now before His Honour for his Approbation. The Governor answered that he made no objection to the choice of the House. After which the Speaker made the usual requests for the full Enjoymtnt of ost. Thence by Land of Leonard " Knup, South forty one Degs, East sixty eight pches to a Post, " (ail the above (Jourses in Bucks County.) Thence by the Lands " of sd Knup & (Jeorge Smiti, and of Robert 'i'liomas, in the Ger- " man Tract, South nine Degs, East crossing the Line dividing '< between the Counties of Bucks and Philadia, at the Distance of •' one hundred & sixty pclies.) Six hundred and forty pches to a "marked I'ree, Tnence along Robert Thomas' Lands, Souih ten ♦♦ Dejfs thirty Minutes, West sixty pches, to a small black Oak niark- " ed near sd Roberts Lane, Thence North sixty five Degs, East " crossing another Branch of Perkenmy sixteen pches, to a mark- " ked white Oak, South twenty I'egs, East s, Ea-