Colonial records of Pennsylvania

GENEALOGY
974.8
P384,
1745-1754

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MINUTES

OF THE

PROVINCIAL COUNCIL

PENNSYLVANIA,

FROM THE ORGANIZATION TO THE TERMINATION
OF THE PROPRIETARY GOVERNMENT.

PUBLISHED BY THE STATE.

VOL. V.,

CONTAINING THE PROCEEDINGS OP COUNCIL FROM DECEMBER 17THy
1745, TO 20th MARCH, 1754, BOTH days included.

HARRISBURG;

PRINTED BY THEO. FENN & CO

CONTENTS.

£369429

Address of Council to the King, 51. And to the Assembly, 96.
Of Governor and Council to King on death of Prince of Wales,
527.

Aix-la-Chapelle, peace of, 330, 343, 359-362.

Albany, account of Treaty held at, with the Indians, 7-26.

Artillery Company formed, 267.

Assembly, Messages to and from, (See Messages.) On Union
for defence, 32, 37. On bills of credit, 44, 45, 48, 49. Ad-
dress to the King, 51. No money for war, 74. Called, 135.
Writ for, 135. Money to King, 160. Letter to proprietaries,
159. Complain of their frequency, 276. Resolutions of Coun-
cil respecting, 277-279. Reply of, 334. Address to Governor
— illegal meeting, 492, 494.

Association formed for defence, 158. Encouraged, by Council, 158,
161. Parade, 168. Officers appointed, 174.

Associators, Officers take the oaths, 183. Of Chester county,
officers, 185. Of Philadelphia County, 193, 247. Bucks, 193,
247. Lancaster county, 194, 247. Commissioned officers in each
county, 209, 210, 247. Reviewed in Philadelphia, 223. Assem-
bly message on, 236. Opinion of T. Penn respecting, 240. Com-
mission and instructions to Col. Taylor, 251. Letter to proprie-
taries respecting, 321. A company in Bucks withdraws and
chooses officers, 325.
Ballet, Captain, arrives in Sloop-of-War Otter, 241. His instruc-
) tions, 241. Entertained, 243. Had engagement and ship heav-
* ing down — called on for aid — proposes battery, 249. Takes prizes,
324.

Batteries to be built in Philadelphia, 158, 161, 172.

iBedford, Duke of, on peace with French, &c, 330, 359, 379, 412,

456. Letters to, 416.
Belcher, Governor of New Jersey, arrives, 111. Consulted about

regulating pilots, 111, 112. Letter from, 266. To, 266.
Berks county, Sheriff and coroner elected, 597, 662.

iv CONTENTS.

Bills of credit, 33, 34, 35, 45, 46, 48, 370, 374, 397, 412, 639.
Report of committee of Assembly on, 415. Statement of, sent
to Duke of Bedford, 416. Report of lower counties on, 417, 561,
605, 609, 613, 616, 638, 723.

Bribery and Corruption at Elections, bill against, 562.

Bridge over Cobb's Creek, 100.

Bristol, burgesses re-elected, 110.

Bucks, county officers elected for, 3. Court house, 30. Work
house at Bristol, 34. Justices elected, 113. Officers elected, 120.
Associators — officers, 193, 210, 247. A company withdraws from
association and chooses officers, 325-326. Sheriffs and Coroners,
345, 411, 464, 662. Sheriff charged with fraud at election ac-
quitted, 344. Justices commissioned, 388. Indians prevent sur-
veys of land, 489. Sheriffs and Coroners, 550, 662. New county,
560. Justices, 573. Roads, 576, 597.

Canada, expedition to, money raised for, in Pennsylvania, 176-180.
French in, making preparations, 387. Expedition to, laid aside,
142.

Canassetego and Solconwanaghly, Indian chiefs, deaths of, 467, 486.

Cannon applied for in England, 158, 161. To be borrowed from
New York and Massachusetts, 173. Applications for, 198, 204,
205, 206, 207, 228. Sent from New York, 215.

Cape Breton, G-overnor applied to for Cannon, 204.

Celeron, Captain — letter to Governor Hamilton, 425. A curious
plate and inscription by, found, 509.

Chartier, Peter, his enmity feared, 2. Gone over to the French, 5.

Chastenoy, Monsieur, letter from, 71, 124. Letter to, 131.

Chester, county officers elected for, 3, 120. Complaint against
Justice, 78, 94, 98. Associators — officers, 185, 217, 325. Roads,
202. Petition from commisioners to lay out a road, 203. Com-
missioned officers, 209, 210, 345, 411, 464, 597. Justices com-
plained of, 378. Religious differences among Presbyterians of,
378. Justices commissioned, 387, 548, 572. Sheriff and Cor-
oner, 550, 662.

Circular letter to militia captains, 2, 5.

Clinton, Governor, forces under, 130. Letters to, 132, 143, 164,
173. From, 135, 175, 182, 187, 215, 265, 297, 387, 430, 462,
464, 480, 495, 508, §17, 548, 573, 607, 625, 639, 641, 642.
Letters to, 186, 189, 205, 215, 284, 286, 463, 495, 575, 623,
640. For cannon, 205. Appoints interview with Indians, 295.
Message to his Assembly and address, 465. To Governor of
Canada, 553.

Cresap, Thomas, 218.

Commissions, power in President and Council to grant, doubted,
240. Issued for associators to Col. Taylor, 251.

CONTENTS. y

Commissioners to meet Indians at Lancaster, 299. Report and

Treaty, 306-318. At Ohio, 658.
Committee of Safety for province and city mentioned, 274.
Connecticut claim, on Lands, 735, 757. Letter from W. Parsons

on, 736, 775-77. Letters to Governor, 767, 768. Statement

and opinion of Attorney General, 774.

Coroners elected, 55, 345, 411, 464, 662.

Counties, new, 426.

Cove, Great, unsigned paper and answer of Justices of Cumberland
County, 453. Address of Trespassers in, to Governor, 468. Pe-
tition to Governor, 468. Little, petition of inhabitants of> to
T. and R. Penn, 453.

Croghan, George, letters from, 72, 119, 139. Letter to, 214. Ac-
count of his proceedings among Indians, 287. Presents his ac-
counts, 294. Letters from, 298, 496. To go to Allegheny, 387-
Conference at, 438. Instructions to, 519. His proceedings, 530-
Letters from, 538, 568. To, 570. At Carlisle, 665. Journal
to Ohio, 731.

Crown Point, expedition against!, 198.

Cumberland County, settlers on River to be removed, 431. Con-
ferences by Weiser, Peters, and Croghan with Indians in, 431.
Justices appointed, 436. Letter from Governor to Justices of,
452. Papers and letters, 452-454. From justices to inhabitants
of Great Cove, 453. Petition of, 453. Sheriffs and Coroners,
468, 550, 597, 662. And York line law, 503. Disorders in,
528. A. Montour commissioned to live in, over Blue Hills, 569.
Indian conference at, 666-685.

Debts, small, acts respecting, 28, 29.

De Lancey, Governor, letters from, 716, 717.

Delaware River, privateers in, 89. Robberies by Spaniards, 96, 98.
Suspicious vessels in, 103, 111, 124. Council have no funds to
pay an express from Lewestown, 111. Prizes made, 113. Bay
and river, petition of pilots respecting Jersey pilots, 226. Procla-
mation, 227-231. Defence of, 229, 238, 240. Privateers, 233,
245, 248, 252-4, 268, 283, 284. The Hector, Capt. Maisterson,
arrives, prizes, 323. Councils advice to him respecting depth of
water, &c, 324. A French vessels puts in in distress, 528. An-
other vessel, 580. Allowed to repair, 581. Survey of, 586. Ves-
sels in distress, 598, 655-657, 661.

Depositions, John Lcmmon, 585. R. Owings, 585. Alexander
McGinty, 663. Respecting captures in Delaware, 114. Pri-
vateers, 115. B. Martin, 115. J. Cowan, 116. Ed. Liston,
117. J. Hart, 117. J. Aries, 118. P. Green, respecting pri-
vateer, 233. G. Porteus, do., 245. A Spanish privateer, 248.
Geo. Proctor (privateer), 253. N Ambler, 261. Jas. White,

vi CONTENTS.

261. Eades & Goodwin, 263. Capt, Randolph, 264. Capt. Jen-
kins, 283. Respecting England's case, 384. Turner and Kil-
gore, Indian traders — Conduct of Indians, 482. Surveyor ob-
structed, 489.

"Digges' Choice," A. Furney killed on, 384. John, case of, 588.

Dinwiddie, Governor, letters to, 629, 630, 632, 635, 687, 696, 698,
701, 712, 714, 715. Proclamation against French and Indians.
766.

Distances, Carlisle to Shanoppins' town and course, 750, 762.

Duty on persons convicted of heinous crimes and to prevent poor
and impotent persons being imported — reasons for not presenting
the act, 499.

Elections, charge of fraud against Sheriff — acquitted, 345. Sheriff
of York county driven from the ground, 468. Bribery and cor-
ruption at — Bill proposed, 658.

Embargo on provisions in New York, 42.

England, Joseph and Samuel, their case, 383-387.

Exchange, state of, 44.

Executions, 158, 163, 414, 488, 566, 602, 663. Reprieve 163.

Fairfax, William, of Virginia, 657.

Fast Day, proclamation for, 169.

Finances of the Province, 46, 52, 54.

Fitch, Thomas, Lieutenant Governor of Connecticut, letter to, 770.
From, 773.

Flag of Truce arrives, 71. Prisoners and negroes in, 71. State-
ment of Captain, 76. Orders to depart, 77. Pass for, 79. To
be regulated, 78, 80, 82. New Jersey applied to, 80, 122. Pre-
pared for vessels to Havanna, 245. To Hispaniola, 281, 282.

Francis Tench, Attorney General, on Connecticut claims, 775.

French and Indians, 72, 102, 119, 403, 685. At Crown Point,
198. Fears of, 208. Prisoners sent to Hispaniola, 245. A pri-
vateer takes a vessel, 245. Living on Lake Erie, 285. in
Canada, 296, 387. Privateers taken, 324. Peace, 330, 343,
359. Proclamation 331, 359. Prize arrives, 332. Indians in
Canada, 431. Have converted to Catholic faith many Indians,
467. Building a ship at Cataraghqui, 519. Making other pre-
parations, 549. Vessels in distress, 598, 621,655, 661. On way
to Ohio, 607-609. On Ohio, 615, 629, 665-685. Narrow es-
cape from, at Weningo, 659.

Furney, Adam, killed by Indians on Digges' land, 377.

Glen, Governor James, of South Carolina, letter from, 303, 696,

699, 709.
Gooeh, Governor, letters to, 221, 225, 254; 283. From, 221, 225,

280, 300, 346.

CONTENTS. vii

Governor urges preparation for defence, 5, 6, 30. And union for,
30-45. Proclamations, 39. Going to England, 61, 62, 68. Against
bills of credit, 44. Adds to the Council, 65. (See Messages)
Hamilton arrives, 363, (See J. H.)

Gray's, Ferry, George Gray complains of road to Chester, 99, 100.

Hamilton, James, arrives as Governor, and succeeds President
Palmer and Council, 363. His Proclamation, 363. His speech,
365, 368. Reply of Assembly, 367. Present to, 368. Letter
to Virginia on boundary, 423. Address of Assembly, 429.
His objections against law respecting probate of wills, 503. To
Assembly — complaints against their minutes, 737-746.

Havanna, letters from Governor of, 198. Spanish prisoners, 199,
200, 201. Letter to Governor of, 201. Mags of truce sent to,
with prisoners, 245. Prisoners to be sent to, 281.

Higginbotham, Captain Charles, his case, 187, 188, 218, 219-221,
225. Statement of his case, 190. Reply of Secretary Peters to,
191, 192. He and Perie appear at Council, 218. Insolence of,
219. Letter to Governor Ogle respecting, 225.

Huston, Captain, raising men, 105.

Indians and French making preparations for attacking frontiers of
Pennsylvania, &c, 1-5. Young to be employed as scouts, 2.
Oatawbas refuse to come to Philadelphia, 5. Governor opposes
their neutrality, 5. Suspicions of the Six Nations, 5. Account
of treaty at Albany, 7, 26. Conferences with? 10-26, 84, 146,
149. Messages to, 84. Minesinks, 26. On Lake Erie, 72. At
war with French, 71, 72. Affairs, 136, 162, 167. Presents to,
139, 151. In Philadelphia, 145. Treaty on Ohio, 184. Re-
specting, 188, 190, 212, 217, 230, 273. Presents, 186, 197,
198. Proclamation against sale of rum to, 193, 194. Horses
stolen from, 229, 237. Letter from Governor Gooch, 257. A
paper received from 285. Letter to Governor Clinton about, 286.
On Susquehanna, 286. Croghan's proceedings among, 287. Let-
ter from Six Nations, 288. Instructions to 0. Weiser respecting,
290. Croghan's account of expenses, 294. Interview with Six
Nations, 295, 296. Proceedings of Governor and Council, 296.
Treaty with Colonel Johnson at Onondago, 298. Near Lancaster,
afraid to come to city on account of sickness, 298. Commissioners
appointed to meet them there, 298. Their Commission and In-
structions, 299, 300. Letter from Governor of South Carolina,
303. Report and treaty at Lancaster, 306-318. Expenses, 327.
Catawabas complain of Northern, 347. Journal of C. Weiser
to Ohio, 848-358. A. Eurney killed by, 377. Senecas arrive,
conference, presents, and treaty with, 389-394. Proclamation,
394. Proclamation against Rum to, 397. On their way to Phila-
delphia, cannot be stopped, 398. Arrival and conference with
Senecas and other nations, 398-403, 405. Presents to, 408, 406.

viii CONTENTS.

On Ohio, 431. Settlers to be removed from Susquehanna, 431.
Conference with in Cumberland county, 431. Governor asks
advice of Council, 436. Message from the Twightwees, 437.
Conference with at Croghan's, 438. Report of Peters and Cro-
ghan, 440. Traders killed by, 449. Message of Governor to,
448. And French Message, 459. Jean Cceur and French, 462.
At Ohio, presents for Twightwees, 463. Many converted by
Roman Catholics, 467. Speak disrespectfully of New Yorkers,
467. Journal of Conrad Weiser at Onondago and message of Pre-
sident Lee to, 470. Treatment of some traders, 482. French
praying, 480. Deaths of, 469. Obstruct surveyors of new pur-
chase, 489. On Ohio, 496. Speech to Col. Johnson, 508. Pre-
sents for, 519, 617, 639, 711; and message, 520. Treaty with
Twightwees, 522. Treaty with Six Nations and George Crog-
han's Journal, 532. Nanticokes in Philadelphia, 543. At Ca-
daraghqui, 550. Shawanese, message from, 569, 637. Twigh-
twees' town attacked — murders, 599. Conference with, 614, 617.
Various papers relating to, 623-628, 629, 636, 639, 685. In-
formation from traders on Ohio not to be relied upon, 637. Pro-
ceedings of Council in New York, 640. Journal of C. Weiser
to Mohocks, 643-647. Invitation to Governor through William
Fairfax of Virginia, 657. Commissioners appointed with presents
to, 658, 665. Letter from John Frazer, 659. Petition and de-
position of A. McGinty, 663. Report of Commissioners to, 665.
Proceedings at Carlisle, 665-684. Letter from England respect-
ing, 689. Speeches, 691, 692. Answered by Governor Hamil-
ton, 693. Message to Six Nations, 705. Commissioners to, 707.

Instructions to Captain Ballet of Sloop-of-War Otter, 243. For
batteries, 284. To Conrad Weiser, 290, 304. Commissioners to
Indians at Lancaster, 299, 300. To George Croghan and Andrew
Montour with presents for Indians, 519, 520. To John Patten,
707.

Iron, pig and bar, importation into England from Colonies to be
encouraged, and erection of mills for slitting or rolling-forges and
tilt-hammers and furnaces for making steel to be prohibited, 457.
Proclamation requiring an account of all such establishments, 458;

Johnson, Colonel William, 480.

Journal of Conrad Weiser to Ohio, 348-358. To Onondago, 470-
480. Of George Croghan and Andrew Montour, 530. Of Conrad
Weiser to Onondago, 541; to Mohocks, 643-647; to Ohio, 731.

Justices of the Peace elected, 3, 78, 94, 98, 113, 378, 600.

Kent county associators — officers, 247, 325. Sheriff and coroner,
411, 468, 551, 597, 662.

Kinsey, John, elected speaker, 4, 123, 411. Death of. 456. Suc-
ceeded by Isaac Norris, 456.

Kitzmiller, Jacob, case of, 582, 588, 591.

CONTENTS. ix

Knowles, Admiral, applied to for defence, 207. For Cannon, 228.
Takes Port Louis, 228. Wants men, 326.

Lancaster county to be advised of danger from Indians, 2. Circular
letter to militia captains in, 215. Officers elected for, 3, 120, 551 .
Petition for arms, 26. Associators officers, 194, 210, 247, 325.
Indians at, Commissioners to meet, 299, 300. Report and
treaty, 306-318. Expenses of, 326, 339. Adam Furney killed
by Indians 377. Justices commissioned, 378, 600. Sheriffs and
coroners, 411, 464, 551, 597. New county to be formed, 560,
597, 662.

Laws proposed, passed, or repealed, 28, 30, 32, 34, 35, 48, 66, 369,
370, 371, 374, 402, 404, 426, 428, 456, 458, 461, 499-502, 503,
505, 509, 511, 512, 514, 516, 549, 550, 559, 560, 562, 565, 576,
578, 579, 605, 619, 686.

Lee, Thomas, President of Virginia, to Governor Hamilton, 423,
424. Message to Indians at Onondago, 470.

Letters from Governor Clinton, 30, 36, 42, 56, 83, 135, 152, 175,
187, 215, 265, 297, 387, 431, 462, 465, 480, 495, 508, 517,
548, 553, 573, 607, 625,639, 641,642. From Daniel Brodhead,
I 757. To Governor C, 186, 189, 205, 215, 284, 286, 463, 575,
623,640. From Monsieur Chastenoy, 71-78, 131, 132, 281.
From George Croghan, 72, 119, 139, 214, 298, 497, 538, 568.
To George Croghan, 214,570. Monsieur Celeron, 427, R. Cal-
ender, 599. Connecticut, Governors, 768, 770, 771, 773.
Canada, Governor, 555. Cumberland, Justices, 452. Governor
De Lancey, 716, 717. Commander of Cape Breton, 205
Walter Butler, 624. Jno. Frazer, 650. Wm. Fairfax, 657
Governor Dinwiddie, 629, 632. 635, 687, 696, 701, 712, 714
755, 765. Governor Gooch, 56, 221, 225, 254, 256, 257
280, 283, 301, 306. Governor Ogle, 187, 192, 202, 209
225, 273, 377, 383, 384, 421. Governor of Havanna, 75> 79
199, 200, 201. Governor Shirley, 30, 55, 56, 72, 76, 83
127, 129, 133, 143, 165, 170, 182, 198, 206, 295, 305, 718
Duke of New Castle, 37, 159. Governor of New Jersey
94, 266. Conrad Weiser, 82, 120, 122, 132, 136, 166, 185
212, 213, 229, 285, 298, 467, 480, 517. Proprietaries, 93
160, 216, 229, 239, 240, 244, 319, 342, 377, 499, 515, 551
Governor Trelawney, 232, 326. Governor Glen, 303, 696, 699
709. Captain Maisterson, 323. S. Phips, 419. Duke of Bed
ford, 331, 359, 412, 416, 456. President Lee, 423. Col. Wm
Johnson, 480, 573, 775. John Mackey, 252. Dr. Holland
623, 641. Arent Stevens, 625. B, Sanders, 627, 628. Mona
katootah, Indian Chief, 635. Earl of Holdernesse, 689, 709
Lords of Trade, 709, 711. Car>tain Wm. Trent, 461. Ioncaire
540. B. Stoddard, 549. Shawnese Chiefs, 569, 570. M. Kel
log, 573. Governor Tasker, 582, 583, 586, 588, 596. H. Mills
573.

x CONTENTS.

Loan office, Bill passed, new trustees, 375.

Logan, James, resigns from Council, 67. William elected member
of Council, 68.

Louisburg, French expected to attack, 6, 28, 30, 32, 37.

Maisterson, Captain Samuel, letter from — prizes taken, 323.

Marriage licenses, form to be changed, 69, 71.

Maryland — disputes, 186, 189. Higginbotham's case, 187, 188r
190, 192, 218-221, 225. Letters from Governor of, 187, 202,
209, 273, 377, 383, 422, 582, 583. To Governor of, 192, 202,
225, 383, 384, 421, 582, 588-596. A. Furnej killed on Digges'
land by Indian, 377. J. England's case, 382. Boundary liner
421. Case of J. Kitzmiller, 582, 591. Depositions, 585. Dig-
ges' choice, 588, 591.

Messages from Assembly to Governor, &c, 4, 26, 31, 36, 43, 44r
46, 48, 54, 58, 63, 64, 101, 105, 124, 126, 159, 183, 184, 235,
237, 274, 332, 333, 341, 367, 372, 404, 414. 428, 459, 486,
493, 506, 511, 513, 526, 545, 546, 562, 607^ 613, 616, 617,
648-651, 722, 747, 756, 763. To Assembly from Governor, &c,
4. 26, 30, 36, 41, 44, 45, 46, 52, 56, 57, 62, 97, 154, 156, 163,
182, 230, 233, 270, 329, 339, 395, 396, 397, 404, 412, 430r
454, 484, 488, 491, 493, 498, 503, 513, 524, 528, 546, 561,
563, 579, 605, 608, 638, 639, 652-656, 719, 729, 737, 751-
755, 764. On defence, 275, 491. From Governor to Indians,
705. From Shawonese to Governor, 569. From Twightwees to
Governor, 600.

Monakatootah, letter from, 635.

Montour, Andrew, applies to live over the Blue Hills, 567. His
commission, 567. Permission to act as Interpreter for Governor
of Virginia, 568. In Philadelphia, 290, 607. At Carlisle, 665.
And John Patten examination, 762. Agent, 455, 635, 637,
730.

Negroes arrive in flag of truce, 71. Committee to examine, 71, 74T
78. Spanish prisoners arrived, 79. To be sent to Havanna to
have freedom tried, 79, 201. Designs of, 92. Spanish prisoners,
^200.

New Castle county associators — officers, 194, 210, 247, 325. Wm.
Till appointed Collector, 244. Spanish privateer off, 252. De-
fenceless state of, 268. Guns provided, 270. Road from Phila-
delphia, 301, 377. Sheriff and Coroner, 411,468,551, 597,
662. Governor visits, 488.

New Castle, Duke of, letters, 129, 159. To Governor Clinton, 144,
164.

New Jersey, to be applied to respecting, 81. Answer from, 94.
Young men of, offer their services against privateers, 266.

CONTENTS. si

New York, address of Assembly of, to Governor Clinton on Gov-
ernor Hamilton's application to Governor C. for aid, 405. Pro-
ceedings of a Council at, on Indian affairs, 640.

Norris, Isaac, Speaker of Assembly, 45G, 485, 558, 599, 662.

Northampton (new county), Justices, 573. Roads, 576, 597, 610,
662. Trouble with Connecticut, 735. Claim Stated — Attorney
General's opinion on, 774, 775.

Ogle, Governor Samuel, to, 192, 202, 225, 383, 384, 421. From,
202, 209, 273, 377, 383.

Otter, Sloop of War, Captain Ballet, arrives for defence of Dela-
ware, 241. The Captain handsomely entertained by President
and Council, 243. Seamen deserted, 256. Captain B. urged to
get ready, 369. Asks for aid, 273. Cannot sail for want of
men — must impress, 282. Asks for advice about sailing, 284.
Takes two prizes, 324.

Palatines arrive and are visited by physicians' — infectious disease,
410. Bill respecting numbers in Ships, 427.

Palmer, Anthony, is President, 68.

Patten, John, Commissioner to Indians, 707. Instructions, 707.
In Philadelphia, 730.

Penalosa, Don Diego de, letter respecting demand for ransom of a
>essel, 75, 79.

Penn, John, death, 73. John, son of Richard, introduced, as mem-
ber of Council, 607. Thomas, letter from, 229, 239, 240, 244,
343. Memorial for, respecting certain duties on convicts and
poor, 499.

Pennsylvania Soldiers, in pay in New York, 135.

Peters, Richard, appointed Secretary, 68, 365. Also a member of
Council, 382. And G. Croghan to remove settlers, 431. Their
Report, 440. Appointed a Commissioner to Indians, 658, 686,
684.

Petition of Delaware pilots, 226. Of Merchants for defence, 231.
Of inhabitants of Little Cove to proprietaries on temporary line,
453. Do. of Big Cove to Governor, 468. Alexander McGinty,
663.

Philadelphia, roads from, 28, 29, 59, 61, 107, 121, 130, 301, 877.
State House used for meetings of Council, 69. Justices and
other officers elected, 106, 110, 120. Indians arrive at, 145.
Petition for defence, 158. Batteries, 158, 160, 172. Cannon
requested from England, 159, 172. Man of War, 158. Parade
of associators, 168. Sickness, 168. Fast day, 169. Battery
and Cannon, 158, 160, 172, 189; 198, 204, 205, 206, 215, 231,
240, 255. Associators choose officers, 193, 257, 325. Letter
from Proprietaries, 217. Associators received in, 223. Means
of defence, 231. Prisoners not to go out after sunset, 238. Num-

xii CONTENTS.

ber of vessels in trade, 241. Sloop Otter, Captain Ballet, arrives
for defence of the river, 241. His instructions, 241-2. The
Captain publicly entertained, 243. Letter from Thomas Penn
respecting Dock street, 244. Sickness, 244. A sloop taken, 245.
A Spanish privateer, 248. Captain Ballet called on — Batteries
proposed, 249. Difficult position relative to defence, resolutions
and orders — Commission to Col. Taylor and instructions — Batte-
ries, &c.,251. Privateer off New Castle, 252. Deposition respect-
ing, 253. French privateer in river, 255. Despatches sent to
Virginia, &c, 256. Express to Lewes, 256. Meeting to raise
money to fit a vessel, 258, 259. Cannot be raised, 260, 265.
Fears of taking a ship at New Castle, 260. Two intelligence
boats commissioned, 267. Artillery company formed, 267. Pow-
der house to be guarded, 268. Block house and magazine at bat-
tery, 269. Authority to raise volunteers, 269. A vessel of war
for protection proposed, 271. Estimated cost of equipments, 272.
Embargo removed, 273. Captain Ballet asks for aid, 273. Num-
ber of vessels taken on passage to England, 275. Case of adultery
and murder, 277, 280. Weiser and Montour in, 224, 285, 290.
Indians afraid to come to, on account of sickness, 298. Road to
New Castle, 301, 377. Council's advice to Captain of the Hector
respecting depth of water, &c, 324. Privateer Pandour, Captain
Dowell, takes a prize which arrives, 332. Governor J. Hamilton
arrives, 362. His proclamation, 363. Proclamation of peace
published, 381. Ceremonies with the great seal, 382. Justices
commissioned, 388, 572. Senecas arrive, 388. Conference with,
389-394. Presents to, 393, -106. Indian Conference at, 398-
403, 405 Lighting and watching — law proposed, 505, 506, 513.
Sheriff and Coroner, 345, 411, 550, 597, 662. New county, 560.
Sheriff displaced for neglect of duty and contempt of Court, 561.
New one appointed, 561.

Phips, S., on expenses of English prisoners, 418.

Pilots of Delaware Bay and River petition, 226. Proclamation
respecting, 227. Assembly message, 236. .Recommended, 324.

Plate, a singular leaden plate with a curious inscription found, 508.
Inscription, 510.

Popish, Pretender, 6, 28, 51.

Presbyterians, parties among, on points of Religion, 378.

Pretender, Popish — rebellion in Scotland, 6. Defeat of, 51.

Prince of Wales, death of, 527.

Prisoners, convicted, pardoned, or punished, 75, 92, 105, 119, 121,
125, 134, 155, 157, 158, 163, 268, 281, 294, 343-344, 507, 601,
612. Form of a reprieve, 211. Not to leave houses after sun-
set, 238. Sent to Hispaniola in a flag of truce, 281. English,
.expenses of, to be paid, 418. Amount, 420.

CONTENTS. xiii

Privateers in Delaware river rob Hart & Listoa, 89. Discussion
respecting defence against, 91, Letters respecting, 91-93, 98.
Depositions, 94, 253, 265 Make captures, 233, 234, 260, 265.
28o, 284. In river, 103, 111, 113, 248, 251, 252, 253, 262.
Taken, 323-24.

Proclamations for raising troops, 39. For thanksgiving, 50. On
President being Governor and continuing officers, 68, 69, 70.
Respecting flags of truce, 82. Against sickly vessel, 109. Fast
day, 169. Governor Dinwiddie's, against French and Indians,
766. Against sale of rum to Indians, 194, 397. Respecting
pilots, 227. Peace of Aix-la-Chapelle, 331, 360, 361. Of Gov-
ernor Hamilton, 363. On peace, 379-80. Treaty with Senecas,
394. Respecting export and manufacture of iron, 457.

Proprietaries, letters to, 93, 160, 319, 515. Letters from, 216,
229, 239, 240, 244, 342, 363, 377, 499. Power to grant com-
missions to associators doubted, 240. Substitute for batteries,
240. Propose building a house or fort on Ohio, 515, 523, 547.
Letter from, respecting Abraham Taylor's Claim, 551. Not
valid— strike his name off from Council, 551*.

Quakers complained of, 204, 207. Assembly Message, 238. Coun-
cil resolution, 278. Assembly's reply, 336.

Report of treaty at Albany by commissioners of Pennsylvania, 7-26.
Of Committee on Governor's Message, 723. Of commissioners
to Indians, 306, 307. Of committee of Assembly on Currency,
415. Do. of lower counties on, 417. Of Peters and Croghan,
of proceedings with settlers and Indians, 440. Of commissioners
to Indians, 665-685.

Reprieve, form of, 163.

Resolutions of Council on conduct of Assembly, 277 — 280. As-
sembly's reply, 333, 338.

Roads and Highways, 29, 59, 61, 99, 100, 105, 107, 121, 130,
From Darby to Chester, 203. From Philadelphia to New Castle..
301, 377, 576, 610.

Robberies on Delaware, 102. '

Roman Catholics have converted many Indians, 467.

Scotland, rebellion, favor of Popish Pretender, 6. Thanksgiving
for defeat of it, 51. Address to King in, 51.

Scull, Nicholas, appointed Surveyor General in place of William
Parsons, resigned, 274.

Seal, the great, "John and the date punched out," 382.

Sergeant-at-Arms, 617.

Shawnese Indians, message from, 569. Governor's answer to, 571.

Shekellamy, Indian Chief, sent for, 212. In Philadelphia, 222.

xiv CONTENTS.

Sheriff*, elected, 55. (See the several counties.)

Shirley, William, Governor of Massachusetts, letters from, 31, 55,
56,72, 83, 127, 129, 140, 152, 170, 182, 198, 295, 718. To,
76, 133, 143, 165, 170, 173, 305. Reasons for not furnishing
cannon, 198. Wishes union against Crown Point, 198. Pro-
ceedings in Massachusetts, 296.

Sickness, general, 168.

Sinking Fund proposed by Governor Thomas, 46.

Snow shoes, large quantities preparing by Indians for war, 1.

Spangenberg, J. Augustus, applies for passes to three missionaries to

Onondago, 576. Granted, 576.
Spanish, fears from, 208. Privateer in Delaware, 248-255, 262,

284. Taken, 301, 324. Prisoners, 122, 125, 131.

Spirituous liquors, 194, 230. Proclamation against, 194, 397. In-
crease of public houses, 430.
Sussex county, sheriff and coroner, 411, 468, 551, 597, 662.

Tasker, Benjamin, President of Maryland — murder of Kitzmiller,

582, 583, 589. Letters to, 586, 596.
Taylor, Abraham's, name struck off from Council, 551.
Tax, Provincial, 47.
Treaty, Indian, held at Albauy by Commissioners from several

States, 7, 26. With Indians at Lancaster, 307-318. Expenses

of, 327. Not provided for by Assembly — Council's message to,

339.

Trelawny, Governor, asks for help in recruits, 232. Letter from
for men, 326.

Trent, Captain William, respecting a French trader taken, 461.

Troops to be raised, 38, 39, 41, 46, 58. Unpaid, 56, 58.

Twightwee Indians, message from, 437. Message of Governor
Hamilton to, 448. Town attacked — murders, 599.

fJnion of Colonies for defence proposed, 30, 36, 37, 45, 49,

83, 97.
Vessel, sickly, arrive, 100, 106, 112. Notice to, 107. Complaint

against, 108. Proclamation against, 109. Physicians to examine,

100, 109, 113, 121, 122.

Virginia, letters from Governor, 221, 225, 280, 300, 346. To,
225, 254, 283. Large grant of land to, on the Ohio river, 423.
Boundary line, 424, 758-762. Letter of Governor Hamilton to,
424. Letter from William Fairfax, 657. Proceedings of Gov-
ernor and Council on receipt of it, 657.

CONTENTS.

xv

Weiser, Conrad, to employ Indians as scouts, 2. Mission to Sha-
mokin, 72. Letters from, 83, 122, 136, 166, 185, 212, 213,
229, 298, 467. Letters to, 120, 132, 285, 517, 642. Instruc-
tions to, 290, 304. In Philadelphia, 148, 188, 224, 285, 290,
405. Accompanies Indians, 190. Presents for Indians, 197.
His journal to Ohio, 348-358. Compensation for damages, 396.
Journal to Onondago, 470-480.

Weningo, locality described, 660.

Woleott, R., Governor of Connecticut, letter to, 768. From, 771.

York county, sheriffs and coroners commissioned, 411, 551, 597,
662. A new county west of, to be formed, 426. Election riot
at, 468. And Cumberland line, 502.

MINUTES

OF THE

PEOVINCIAL COUNCIL OF PENNSYLVANIA.

At a Council held at Philadelphia, December 17th, 1745.
present :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov*
ernor.

Samuel Hasell, Abraham Taylor, } ™

Robert Strethil, } ^s^rs'

The Governor inform'd the Council that as it was become neces-
sary to add some more Members to the Board, he had thought of
Mr. James Hamilton & Mr. Benjamin Shoemaker as proper Per-
sons, k had caused it to be proposed to them, & that Mr. James
Hamilton had accepted, & Mr. Shoemaker had it under Considera-
tion, and the Board unanimously approving the Governor's Choice,
his Honour order' d the Secretary to inform Mr. Hamilton of his
appointment, & to take care that he shou'd be served with a Sum-
mons the next Meeting of the Council.

The Governor laid before the Board a Letter Dated the 15th In-
stant, which he had received from Governor Morris, inclosing a
Copy of a Letter wrote by one Major Swartwoutz, of the Minisinks,
to the Governor of New York, informing him that an Indian in that
Neighborhood having fallen into Company with some Indians who
had been on some of the Branches of the Missippi, was told by
them that the French & French Indians there were preparing a
large quantity of Snow Shoes in order to March in the Winter time
to the Frontiers of Pennsylvania, Sopus, & Albany. The Governor
observed to the Council that as the Indians had actually cutt off the
People of Saraghtoga, & as Peter Chartier, who was with those In-

VOL. V.— 1.

2 MINUTES OF THE

dians, wou'd not fail to do what Mischief he cou'd to this Province,
whether this piece of Intelligence should prove true or false, it was
necessary to give the back Inhabitants of Lancaster County the
earliest notice possible that they might be upon their Guard, & he
had for that purpose prepar'd a Letter to the several Captains ap-
pointed over the Militia in that County, which he propos'd to send
immediately by Express, & the Letter being read, it was approv'd,
& is as follows :

" The Governor's Circular Letter to the several Captains of the

Militia in Lanctr- Ca :
" Sir—

"By an Express from the Governor of New York I am inforni'd
that one Major Swartwoutz, a Dweller in the Minisink, has re-
ceived Intelligence from two Indians at different times within a
Month that the French and French Indians living at a Town or
Fort on a Branch of the River Missisipppi have made a large house
full of Snow Shoes, in order, so soon as the Snow shall fall, to At-
tack Albany, Sopus, & the back parts of Jersey & Pennsylvania.
Although I am not very apt to give credit to Storys of this kind,
since they have been so often found to be false, yet considering the
Success the French have lately had in Attacking & Plundering the
Inhabitants in & about Saraghtoga, in the County of Albany, & car-
rying away near Seventy of them Prisoners, after they had burnt all
their Houses, Barns, & Mills, and considering that-Peter Chartier,
who is capable of any Villany, is now with the Enemy, it is not
improbable that something will be attempted upon the Inhabitants
of the back parts of this Province likewise. You are therefore
hereby ordered to give notice of this Intelligence to the Company
under your Command, that they may have their Arms & a sufficient
quantity of Ammunition in readiness to repel the Enemy in case
they shou'd make any Attempts upon the Inhabitants on the West
side of Sasquehanna. And You are further to take all proper
Measures to procure Intelligence from time to time to prevent a
Surprise. But you are to be very careful not to offer the least In-
jury or Violence to any of the Indians in Friendship with Us, but
permit them to pass as usual without Molestation, lest you shou'd
provoke them to join with the Enemy.

« I am, &«*"

The Governor further asked the Opinion of the Board whether Mr.
Conrad Weiser shou'd not be directed to employ some Young Indians
as Scouts to procure Intelligence & to send notice of any March of
Indians, & it being judg'd very proper, his Honour said he would
write such Letter & send it to Mr. Conrad Weiser along with the
Express.

The Board resumed the Consideration of the new Commissions of

PROVINCIAL COUNCIL. 3

the Peace for the Counties of Bucks, Chester, and Lancaster; &
the following Justices were agreed to, vizU:

For the County of Bucks.

Joseph Kirkbride, Abraham Chapman, Mathew Hughes, Benja-
min Jones, Simon Butler, John Wells, Enion Williams, Mathew
Rue, Richard Mitchel, Mark Watson, Richard Hough, John Abra-
ham De Normandy, Robert Ellis, Alexander Brown Houston, John
Jemmyson, Henry Antes, 'gliomas Qwen, Thomas Craig, Esqrs>: &
The Chief Burgess of the Borough of Bristol for the time being.

N. B. — At the same time a separate Commission of the Peace was
granted to Lawrence Growden, Esqr<

For the County of Chester.

John Crosby, Elisha Gatchil, Caleb Cowpland, William Moore,
Abraham Emmit, Joseph Pennock, Joseph Brinton, William Pymm,
Joseph Bonsell, William Webb, John Mather, Job Rushton, Charles
Grant, Samuel Flower, Thomas Cummings, John Parry, Andrew
McBowel, Esqf-' & the Cheif Burgess of the Borough of Chester
for the time being.

N. B. — At the same time a seperate Commission of the Peace was
granted to Joseph Parker, Esq1"-

For the County of Lancaster.

Thomas Edwards, Andrew Galbreath, Edward Smout, Emanuel
Carpenter, John Kyle, Conrad Weiser, James Armstrong, Samuel
Smith, John Hogg, James Whitehill, David Jones, James Galbreath,
John Postlethwaite, William Maxwell, James Gillaspy, Samuel
Anderson, Edward Berwick, Henry Harris, of Cumru Township,
Esqrs-' & the Chief Burgess of the Borough of Lancaster for the
time being.

" N. B. — At the same time a separate Commission of the Peace
was granted to Thomas Cookson, Esqr.

January 6th, 1745.
MEMORANDUM.

Five Members of Assembly waited on the Governor to inform
him that the House was met according to their adjournment, & that
their Speaker not being able from Indisposition to attend the Ser-
vice of the House, they had proceeded to the Choice of another
Speaker, and desir'd to know when the Governor wou'd receive the
House in order to present him. His Honour appointed 12 0' Clock
the next Day.

MINUTES OF THE

At a Council held at Philadelphia, January 7th, 1745.

present :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Robert Strethil, Esqr.

The Minutes of the preceding Council were read and approved.

The House waited on the Governor at the time appointed with
their Speaker, John Kinsey, Esqr., who requested the usual Privi-
leges for himself, taking notice that those for the House had been
already granted The Governor made answer, that as long as he
shou'd have the Honour to continue in the Government, He & every
Speaker & Assembly might depend on his protection in all their
just Priveleges. The Speaker returned Thanks, and desir'd to know
if the Governor had any thing to lay before the House. His Honour
said he had, & wou'd send a Message to them in the Morning, k
when they were withdrawn a Message being prepar'd by the Gov-
ernor to lay before the Council for their Approbation, it was read
and approv'd by Mr. Strethil, the only Member present, & that the
House might not receive any delay the Secretary was order' d to
transcribe it fair to be Signed and deliver'd in the Morning.

At a Council held at Philadelphia, January 17th, 1745.

present :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Thomas Laurence, Robert Strethil, ~\

Samuel Hasell, James Hamilton, v Esqrs.

Abraham Taylor, J

Mr. Hamilton took and subscrib'd the Oaths to the Government,
& then took his place at the Board.

The Minutes of the preceding Council were read and approv'd.

The Governor laid before the Board his Message of the 3th
Instant, together with the Report of the Albany Commissioners, &
a Letter from Admiral Warren Dated at Louisbourg, the 26th of
November last; he like wise laid before them his Message of the
10th Instant & the Petition mention'd in it, & likewise the Assem-
bly's Answer to his Message of the 8th Instant, all which were read,
& the following ordered to be enter'd, viz*' :

A Message from the Governor to the Assenibly.
u Gentlemen :
" I take the first Opportunity since the return of the Commis-

PROVINCIAL COUNCIL. 5

sioners from Albany to lay before You my Instructions to them, &
their Report of the Treaty held with the Indians of the Six Nations
at that Place, and I make no doubt but their Conduct will be as
satisfactory to You as it is to me. You will observe by the last
Article of these Instructions that had I been at liberty to follow my
own Judgment, and been secured of Fund for supplying those Na-
tions with Arms, Ammunition, and other Necessaries for acting
offensively against the French, I should, in conjunction with ye
Neighbouring Governments, have urged them to an immediate De-
claration of War as the only means, in my opinion, of securing their
fidelity to His Majesty; for as it seems next to impossible for them
to maintain their Neutrality much longer, if they are not speedily
engaged by His Majestie's Colonies, their own security will oblige
them to join with the Enemy. Besides, it is certainly the reverse
of good Policy to indulge our Indians in a Neutrality after the
French have compelled their' s to take up the Hatchet; it is giving
the Enemy an Advantage which they have already made use of,
and will continue so to do to the Destruction of the Inhabitants upon
the Frontiers of the several Provinces. Before I quit this Subject
I must acquaint You, that by a Letter received since your last
Meeting from the Governor of Virginia, I am informed that the
Catawbas have refused to come to Philadelphia, as being too distant
from their Country, and have declared that they will not regard any
propositions made to them by the Six Nations, without first receiv-
ing a Token from them, attested by the Marks of some of their
Sachims; and that from hence it is concluded any farther Endeavours
to reconcile them will be ineffectual. As this Mediation was set on
foot at the desire of Governor Grooch, was to be carried on at the
Expence of his Government, and has since been declined by him
for the reasons before mentioned, I forthwith took the properest
Measures to make the Six Nations acquainted with the Catawbas'
Resolutions, that their Deputies might be prevented from coming
hither in the Spring, as well to save them the trouble of a fruitless
Journey as us the Expence of maintaining them for some time here,
& of making them a Present at their departure. There will probably
be too frequent Occasions, during the continuance of the War, for
Expences of this kind.

" You will observe from the Information transmitted by the Grover-
nor of New York that preparations have been making by the French
& their Indians upon a Branch of the River Mississippi, for an At-
tack upon the back parts of this & some of the Neighbouring Colo-
nies. Although there shou'd be no real foundation for this Account,
it is not improbable that something will be attempted upon Us this
Winter by the Enemy, since Chartier is gone over to them with a con-
siderable Party of the Shawnese, who is well acquainted with the back
parts of this Province, knows the defenceless Condition of the Inha-
bitants, & is of a savage, treacherous Disposition. This & some other
Circumstances consider'd, I forthwith Dispatched a Messenger with

6 MINUTES OF THE

Circular Letters to the Officers appointed for a Militia in Lancaster
County, with Orders to them to be upon their Guard, and to make
the best preparations they cou'd for their Defence, enjoining them
at the same time to be "very careful not to do any injury to the In-
dians in Amity with us, or to molest them in their hunting. I
likewise sent Directions to Mr. Weiser to employ some of the Dela-
ware Indians at Shamokin as Scouts to watch the Enemy's Motions,
and to engage the whole Body of Indians there to harrass them in
their March, in case they should attempt any thing against us, and
afterwards to join our remote Inhabitants for their mutual Defence.
These measures appeared to me so absolutely necessary that I could
not doubt of your enabling me to defray any Expence that may at-
tend them.

" The last Post brought me a Letter from Admiral Warren, dated
at Louisbourgh the Twenty-sixth of November, in which he advises
me that no Ships were then arrived from Britain;, and that as it is
probable the Regiments expected from Giberalter will be forced to*
Leeward Islands by the severity of the Season, and not arrive at
Louisbourgh in time for its Defence against the Preparations which
he hears are making in Canada to attack it early in the Spring, and
even then be perhaps extremely weakened by Sickness and other
Accidents, he calls upon me, agreable to his Grace the Duke of
Newcastle's Letter, formerly laid before You, to raise a number of
Men for the Defence of that Important Acquisition, and to send
them with a quantity of Provisions sufficient for their Support there
by the middle of March next. He further informs me that he
thinks himself authorized, in conjunction with Sir William Pep-
perill, to draw Bills for defraying the Expence, and has sent me an
Extract of the Duke of Newcastle's Letter to that purpose ; but as
no Bills have been remitted to me for this Service, nor Officers sent
to raise the Men, I must apply to You, and I doubt not but it will
be a Service very acceptable to His Majesty, for an advance of so-
much of the Publick Money as will be necessary for paying, victu-
alling, & transporting as many Men as can be raised in so short a
Time, and for rewarding such Officers as shall be commissioned to*
raise and to conduct them to Louisbourg, since no commissions
granted by me can intitle them to any Command in that Garrison,
or elsewhere out of this Government.

" I need not tell You that the last Vessels from Europe confirmed
the Account that a most unnatural Rebellion ,had broke out, and
was then carrying on in Scotland, in favour of a Popish Pretender,
supported by France and Spain. At this Distance we can only pray
that the Great God of Battles will grant Success to His Majestie's
Arms, and that he will confound the Devices of His & our Enemies,
open and concealed. I trust that, through the favour of Heaven
and the Justice of His Majestie's Cause, we shall soon have an op-
portunity of offering our Congratulations upon an Event so desira-

PROVINCIAL COUNCIL. 7

ble by Protestants of all Denominations, as -well as by all that are
for preserving the Freedom and Independency of their Country.

"Having" mentioned everything to You of a Publick Concern
that occurr'd to me, I have only to assure You that whatever shall
be laid before me for the Welfare of this Province, will meet with
a favorable Reception and as much Dispatch as the Nature of the
Business will admit of.

' ' "GEO. THOMAS.

"January 8th, 1745."

AN ACCOUNT OF THE TREATY

Held at the City of Albany, in the Province of New York, By his
Excellency the Governor of that Province, and the Honourable the
Commissioners for the Provinces of Massachusetts, Connecticut, and
Pennsylvania, witlr the Indians of the Six Nations, in Octo-
ber, 1745.

" To the Honourable GEORGE THOMAS, Esqr., with the King's
Royal Approbation Lieutenant Governor of the Province of Penn-
sylvania, and Counties of Newcastle, Kent, and Sussex, on Dela-
ware, under the Honoble. John Penn, Thomas Penn, and Richard
Penn, Esqrs., true and absolute Proprietaries of the said Pro-
vince and Counties :

"May it please the Governor:

" Having been honoured with a Commission authorizing us, the
Subscribers, in Conjunction with the Governors of the Neighbour-
ing Colonies or their Delegates, or seperately, to treat with the
Indians of the Six United Nations at Albany in October last, we
think it our Duty to render an Account of our Conduct therein,
which be pleased to receive as follows :

" The next Day after the Receipt of the Commission, that is, on
the Twenty-seventh Day of September last, we set out for Albany,
where we arrived on the third of October following. On the Fourth
of October, the Day appointed to treat with the Indians, pursuant
to the Instructions given us, we waited on the Governor of New
York, acquainted him with our Appointment and shewed him the
Commission by which we were impowered to treat.

" The Governor desir'd his Secretary might take a Copy of it, to
which we consented. The Indians of Five of the Six United Na-
tions, in number about Four hundred and sixty, arrived the same
Day, none of them Senecas, it being, as we were informed, a time
of great Sickness and Mortality among them, which prevented their
coming.

. " But the Commissioners from the Massachusetts not being come,
the Treaty was deferr'd until their Arrival. Two Days after, being

8 MINUTES OF THE

the Sixth of October, in the Evening we received a Message from
the G-overnor of New York, by his Secretary, desiriug to know of
Us at what time we would confer with a Committee of his Council
either alone or with the Commissioners of the other Colonies, all
then arrived, viz. :

For the Massachusetts.
Jacob Wendal, Esqr., a Member of the Council.
John Stoddard, ")

Samuel Wells, V Esqrs., Members of Assembly.

Thomas Hutchinson, J

For Connecticut Colony.
Wolcot, Esqr., Lieutenant Governor, and Col.

Stanley.

" We agreed to return our Answer to his Message in the Morn-
ing.

" Accordingly in the Morning we returned our answer by James
Read, that we would meet the Committee of Council at a Quarter
after Ten that Day, and chose to have our first Conference with
them only. A-bout the time appointed we went, but the Commis-
sioners from the other Colonies coming into the Room soon after,
deprived us of the separate Conference proposed. Being all thus
met, the Gentlemen of the Council, to wit, Daniel Horsmanden and
Joseph Murray, Esqrs., let us know they were appointed by the
Governor of New York a Committee to confer with us concerning
the Treaty which was to ensue, that their Governor desired to be
inform' cb of our Sentiments, whether we were inclinable to speak
to the Indians of the United Nations seperately, or whether we
thought a joint Speech to be delivered on behalf of all the Colo-
nies might be best, either indifferent to him.

" The Commissioners from New England declared their opinions
for a joint Speech, as what would show our Union, and consequently
have the greater weight with the Indians. On the part of Penn-
sylvania it was objected that we had divers Matters in Charge which
related to our own Government only, which would be improper in
such a joint Speech, and perhaps it might be the case of other of
the Colonies: That such a joint Speech would require much time
in forming, and with Difficulty, if at all likely, to be agreed on.

"But it was replied this would be the best judged of when the
heads of such joint speech were read; & the Committe of Council
producing what they prepared to this purpose, it was agreed to be
read. On reading of which, we observed that it mentioned a Com-
plaint against the Eastern Indians for Killing some white People,
and therefore among other things proposed the Indians of the Six
United Nations should be put on Declaring War against the Eastern
Indians, and to assure them that the several Colonies would support

PROVINCIAL COUNCIL. 9

them in it. To this Article it was objected, on the part of Penn-
sylvania, that it was necessary the Legislature of each Government
should be consulted before the Indians were put on Declaring ot
War; That it would be very mischevious to all the Colonies, as it
would be a means of drawing the War nearer on their Borders ;
That the Indians did not seem disposed to enter into a War with
each other, but rather to remain Neutral; That in this Disposition
little better could be expected from them than what was remarked
to be the case in the last War, when the Indians of opposite Parties
passed each other without Fighting, and only Scalped the white
People ; That as to the People who had been killed the Indians
might be put on demanding Satisfaction, and might possibly obtain
it and prevent the Cause of War; or if they were put on Declaring
of War, at least Care should be first taken to provide them with
the Requisites necessary for defending themselves and carrying on
such War, without which it would in Effect be a betraying them.
What Provision was made by the Government of New York the
Gentlemen of the Council best knew. In Pennsylvania we knew
no Provision was made for them ; That, therefore, if this Article was
inserted in the Speech proposed, we must insist on Treating seper-
ately. To the Proposal for putting the Indians of the Six United
Nations on demanding Satisfaction, one of the Commissioners of the
Massachusets answer'd, That Proposal ought to come on the part of
the Indians, for that if no more was proposed to them on the behalf
of the Governments than that they shou'd demand Satisfaction for
the Injury done, they would offer some thing yet less. At length
it was agreed all the other Governments, Pennsylvania excepted,
should treat jointly, and we were desired to be assistant in their
joint Treaty so far as we judged fit.

" A Committee was then named to prepare the joint Speech to
be delivered by the Governor of New York. When it was prepared
we were to meet again to consider the same.

" It was two Days after this before the Speech was ready ; and in
the mean time the Governor and Council of New York made In-
quiry concerning the Alarm which happened the last Winter among
the Mohawks, occasioned by a Report spread amongst them that
the English were coming to cutt them off. To this purpose the
Governor of New York sent for the Mohawks, and let them know
that the String of Wampum which had been sent him by them, not
to make any further Enquiry concerning that Affair, he could not
accept of; that it was necessary the Authors of this false Rumour
should be known and punished ; and therefore he insisted they
would discover all they knew concerning the Authors ; and if they
had any other cause of uneasiness, to communicate it to him ; And
thereupon he delivered back the String of Wampum sent him.
The Mohawks agreed to return their Answer the next Day. Some
of the Mohawks accordingly attended the Governor of New-York

10 MINUTES OF THE

the next Day, and named to him a Person who they said was the
Author of this false Alarm. The Person being sent for, owned his
having heard and mentioned the Report, but denyed his being the
Author of it.

" After the strictest Enquiry and Examination, the Governor and
Council seemed to blieve him Innocent, and that the Rumour had
been raised and spread by means of one or more of the Mohawks
themselves.

" On the Tenth of October the Speech proposed to be delivered to
the Indians by the Governor of New- York being prepared, we were
desired to meet the other Commissioners and hear the same read.
Accordingly, about Ten of the Clock in the forenoon we met them ',
the Speech was read, after which it was objected on the part of
Pennsylvania that it contained a Narrative of many Facts to which
we were altogether Strangers, and therefore were not proper to be
made Parties in the Relation j That it pressed the Indians on
making of War, which we thought might be attended with inis-
chevious Consequences to all the Colonies ; That as we were to treat
seperately, and they had already heard our Reasons against a War,
they must judge for themselves how far it would be prudent in
them to press it. The Result was, the Commissioners of the other
Colonies agreed to the Speech as it had been prepared ; and in the
afternoon of the same Day the Deputies of the United Nations were
desired to attend the Governor of New York. They came accord-
ingly, and the Governor, in behalf of his Government, and those of
the Massachusetts and Connecticut, and in the presence of the Com-
missioners from thence read the Speech agreed on, which was Inter-
preted to the Indians : A Copy whereof was delivered to Us, and
follows in these Words, viz. :

* < Brethren :

" ' Here are present upon the occasion of this Interview Commis-
sioners from the Governments of the Massachusetts Bay and Con-
necticut, eonven'd with me on the same righteous Intention of
Renewing, Bright'ning, and Strengthening the Covenant Chain
which has tied you and hi| Britannick Majesty's several Colonies on
this Continent in the firmest Engagements to each other for Sup-
porting and Maintaining our Common Cause.

" 'We are glad to see so many of our Brethren, and we bid You
welcome here ; at the same time that we heartily condole the ab-
sence of our Brethren the Senecas and the Calamities which have
occasioned it j may the Almighty comfort them under their griev-
ous Afflictions, and soon wipe off all Tears from their Eyes.

" ' We do with you our Brethren, and with you as their Repre-
sentatives, ratifjr, confirm, and extablish all former Engagements
enter' d into by us and our Brethren of the Six United Nations j and

PRO VINCI AL COUNCIL. 11

assure You that we shall ever hold thern invioblc; and we doubt not
of the same from You.'

"A Belt.

" ' Brethren :

" ' The Rumour which last Winter gave an Alarm to our Brethren
the Maquas, and was from thence spread to the other Nations, now
appears to have been without Foundation ; and I cannot help ob-
serving on this occasion that you ought not for the future to suffer
any such Idle Tales to be raised or propogated among You, as they
not only tend to seperate your and our Affections each from the
other, but also to make us Jealous of our own People without suffi-
cient Grounds for it/

u A String of Wampum.

" < Brethren :

" l It must be further observed to You that we hear several of the
Cheifs and others of our Brethren of the Six Nations have, con-
trary to our Inclinations, & against our express advice, had an In-
terview with the Governor of Canada this Summer at Montreal ;

" ' And that your pretence for holding this Correspondence with
our Declared Enemies was for the public Good and the Preservation
of the House at Oswego;

u ' To tell the Governor of Canada that they must not make any
Attempt or Attack upon that Place, for that our Brethren are re-
solved to defend it; and that it shall remain a Place of Peace and
Trade.

" ' You declared your Intent was good, and that the Governor of
Canada should never prevail upon You in any thing hurtful to your
Brethren the English, who you know did not like your going thither \
that yet upon your return from thence, your Brother the Governor
of New York should know all that passed between them and the
Governor of Canada.

" ' We will tell our Brethren what we hear was done whilst they
were with the Governor of Canada ; and we expect the whole Truth
from them according to their Promise, and whether what we hear
is true or not.

" ' We hear that whilst our Brethren were with the Governor of
Canada the French Indians took up the Hatchet against the Eng-
lish, which we believe to be true for Reasons you shall hear by and
by ; and thereby the Treaty of Neutrality concluded between you
and them is become vain.

" l We hear, likewise, that our Brethren of the Six Nations there
present were so far prevailed upon by our Enemies the French, as
to accept of the Hatchet upon Condition to carry it home to their
Council to deliberate upon, and then to return the Governor of
Canada their Answer, which we cannot believe to be true till we
have it from our Brethrens' own Mouths.

12 MINUTES OF THE

" l We expect a plain and full Answer from our Brethren concern-
ing these Matters that the way may be cleared for wiping off all
stains from the Covenant Chain, and that we may preserve it Bright,
firm, & inviolable, as long as the Sun shall shine.'

" A Belt.

" ' Brethren :

" ' We must now acquaint you of some Things relating to the War,
the Success of His Majesty's Arms against the French in this part
of the World, and the rise and occasion of our Attacks upon the
Enemy in this quarter.

" ' When You were here last Summer you were told that War was
Declared between the Crowns of Great Britain and France. The
Events that have since happened are too numerous to relate particu-
larly.

u ' His Majesty's Subjects in this Country lay still the last Sum-
mer without attempting any Thing against the French Settlements ;
But the French first Attack'd and Destroyed a small Place belong-
ing to Us call'd Canso, about Twenty five Leagues from Cape
Breton.

" ' Afterwards they laid Seige to Annapolis Royal, but therein
they proved unsuccessful.

" ' They then agreed to make another Trial for that Place next
Spring, and in the mean time they sent to France, hoping to obtain
some of the King's Ships to facilitate the Reduction of it.

" ' They having proceeded thus far, Mr. Shirley, the Governor of
the Massachusetts Bay, thought it high time to do something to
curb the Insolence of that haughty People, and did therefore raise
a small Army, which was joined by a number of Men from the
Governments of Connecticut and New Hampshire, and sent them
early last Spring against Louisbourgh.

" ' They were likewise joined by a number of His Majesty's Ships
of War, and after about Seven Weeks' Seige that Important and
strong fortified Place was, through the goodness of Divine Provi-
dence, delivered up to our Forces.

" ' Whereupon the rest of the Inhabitants of the Island of Cape
Breton, together with those that were Settled in parts adjacent,
surrendered themselves Prisoners to the English.

" ' And during the Siege and since many French Ships were taken,
and divers of them of great value, and the Design of the French
against Annapolis Royal was frustrated.

" ' We have in this part of the Country lain still, both the last
Summer and this, hoping that our Neighbours in Canada would
either be quiet or carry on the War in a manly and Christian-like
Manner.

" ' And to induce them thereto, a Message was sent from this Place

PROVINCIAL COUNCIL, 13

to the Government of Canada last Summer, by which he was as-
sured that if he should renew their former vile Practice of treating
His Majesty's Subjects inhumanly, the several Governors, together
with the Six Nations, would join and make Reprisals on them.

" ' And at the same time You publickly declared that if any of His
Majesty's Subjects in any of his Governments should be killed by
any Indian, you would immediately join in the War against them
and the French.

" ' You likewise sent Your Delegates last Summer to the Eastern
Indians to warn them not to engage in the War against the English.,
threatening them in case they should do so.

" ' Notwithstanding these Things, divers Hostilities have been
committed.

" ' Some Months ago the Eastern Indians, who had formerly ac-
knowledged their Subjection to the Crown of Great Britain, entred
into Solemn Engagements with the King's Subjects, and had been
since treated by them with great Kindness.

" ' But at the Instigation of the French, they have lately kill'd
one Englishman and also great numbers of Horses and Cattle, burnt
a Saw Mill and many Dwelling Houses, and attack'd an English
Garrison.

" ' Notwithstanding such outrageous Insults, the Governor of Mas-
sachusetts-Bay was so tender of them that he resented it no further
then to send a Message to them demanding the Delivery of the
Murderers as they would avoid the Consequences of their Neglect.

" ' This Proposal was rejected by them, and since that time they
have killed two or there others; whereupon the Governor of the
Massachusetts declared War against them.

" ' And we are informed the English have killed two of them, and
taken another Prisoner.

" i About three Months since some of the Canada Indians killed
two Englishmen near Connecticut River; the Body of one of them
was treated in a most barbarous manner, by which they left a Hat-
chet of War, thereby daring Us to take it up and return it.

" ' There has likewise been several other Parties that have attempted
to destroy His Majesty's Subjects of New England, but have hitherto
been prevented.

" ' These Facts plainly shew that the French are still acted by the
same Spirit that they were formerly governed by; and they seem
never pleased but when they are at War, either with the English or
some of the Tribes of the Indians; and if they had it in their Power
they would doubtless destroy all about them.

" l It is likewise Evident that the most Solemn and Sacred En-
gagements are broken through by those Indians that have commit-
ted the late Murders.

14 MINUTES OF THE

" ' The Belts of Wampum will not bind them to the performance
of their Promisses.

"'That we are Slighted, and yon Contemned, as though they
thought you not worthy to be regarded.

" ' But now the French and their Indians, by the little Regard
they have shewn to your threatnings or to the Covenants they have
made with you, do declare that they think you do not intend to per-
form what you have threatned, or that they do not fear your Dis-
pleasure; both which do reflect equal dishonour on You.

" 'It is high time for Us & You to exert ourselves and vindicate -
our Honour; and although it is well known that we delight not in
the Destruction of our Fellow creatures, but have chosen rather to
suffer ourselves to be abused, yet we cannot think ourselves obliged
any longer to bear their Insults and evil Treatment.

" ' Therefore, since neither our peaceable Dispositions nor Exam-
ples, nor any methods we have been able to use, have been sufficient
to prevail upon them to forbear their barbarous Treatment of us, but
they will force our Resentments, in the Name of God we are resolved
.not only to defend ourselves, but by all proper Ways and Methods
to endeavour to put it out of their Power to misuse and evil Treat
us as they have hitherto done.

" ' And we doubt not of your ready and chearful Concurrence with
Us, agreeable to your solemn promise made in this Place last Sum-
mer, in joining with us against our Enemies the French, and such
Indians as are or shall be instigated by them ; for we esteem them
enemies to God, as well as to all their Fellow-creatures who dwell
round about them.''

" A large Belt with the Figure of a Hatchet hung to it.

"'The Pubiick Affairs of my Government have prevented my
Meeting you sooner.

" ' I was apprehensive I should not have been able to meet You
this Fall, and it was determined upon a sudden, so that there could
not be timely Notice sent to the rest of His Majesty's Governments,
or, I doubt not, they would likewise have sent Commissioners to be
present at this Interview.

"'We are all Subjects to the same Prince, united in the same
Bonds of duty and Allegiance to the Great King our Common
Father, and in Friendship and Affection to each other ; and in this
Union consists that Strength that makes us formidable to our Ene-
mies, and them fearful of our Resentments.

" 'We are all united with You in the same Covenant-Chain, which
as long as we preserve it free from Rust, must remain impregnable :
And you on your parts have declared that you will preserve it so
strong and bright that it shall not be in the Power of the Devil
himself; with all his Wiles and Art, to break or dirty it.

PROVINCIAL COUNCIL. 15

"'You are also united with all the far Nations of Indians in
League with our Great King, with whom we reeommended to You
to preserve strict Friendship and hold frequent Correspondence.

" ' That yourselves, who many of you live scattered and dispersed,
should dwell in Bodies closer together, as you have heretofore pro-
mised to do.

" ' And we advise you to keep your Young Men at home, and
within Call, excepting such as may be sent from Time to Time a
Hunting or against our Enemies ; and you may depend upon the
most ready and effectual Assistance from us in all Times of Danger.7

" A Belt.

" The Indians of the United Nations promised to call a Council
the next morning, and, if they could, to return their Answer to this
Speech the same Day.

" The next Day we waited on the Governor of New York, and de-
livered to him, according to our agreement, the Speech we proposed
to make to the Indians of the United Nations, in order for his
perusal, and then to be returned us; which he promised to do by the
next Morning.

N October the Twelfth, in the Morning, we received a Message from
the Governor of New York, with the Speech he proposed to make to
the Mohiggans of River Indians, which we perused and returned to the
Secretary without making any objections against what was proposed
to be said to them. Some time after we received a second Message
desiring us to be present -when the Governer delivered this Speech,
and at the receiving the Answer of the Six Nations to the Speech .
made to them.

" We attended accordingly. The Commissioners for the Massa-
chusetts and Connecticut also attended ; And the Speech prepared
for the River Indians was read by Paragraphs, and translated to
them, a Copy of which was delivered us, and is as follows :

<" Children:

" ' I am glad to see You here, and bid you welcome. I sent for
you to meet me at this Place, that I might have an opportunity to
renew and confirm the Covenants and Engagements made from time
to time between us. And I do now publickly promise that nothing
shall be wanting on my Part, but that the Covenant Chain shall
remain bright and strong for ever.

"< Children:

"lI must put you in mind of what you promised me last Year.
You engaged that you would keep your People at Home, which I
am informed you have not done ; but many of your People have
lately left Schahkook and are gone to Canajoherie, and some to
Attowawie. I want to know for what Reason they have left their

16 MINUTES OF THE

habitations, and charge You to send for them back as soon as you
can ; and that you would live together a together a Schahkook.'

" A String of Wampum.

"' Children:

"'Last Year I acquainted you that War was declared between
the Great King your Father and the French King, and told You
what I expected of you. You answered me that in all Things re-
lating to the War you would take the Six Nations for an Example,
which I expect you will do.;

"A Belt.

"To this Speech the River Indians the same Day returned their
Answer, of which with what further past between them and the
Governor of New York we obtained a Copy, which follows in these
Words :

"'Father:

" 'We are glad to see you here in Health. Your Children here
present bid you all welcome.

"'Father:

'"You have renewed the Covenant, and have assured us that you
will keep it inviolable. We do now likewise assure you that
nothing shall be wanting on our Parts, but that we will keep the
Covenant Chain clear and free from Rust.

"'Father:

" 'When we were here last you told us that you was glad to see
. so great a number of us together j and now you ask us what is the
reason so many of Us left Schahkook and are gone to Canajoherie
and Attowawie, and that you are sorry so many of Us left our
Habitations.

'"Father:

" ' You have told us that War is proclaimed between the English
and French, and that you designed to go and Fight the French.
You told us that we should do as our Uncles the Six Nations did
with respect to the War.

"'Father:

" You told us that you would keep the Covenant, and we are
resolved to do the same ; as a token whereof we give you this
Belt.

'"Father:

" 'You must not be surprized that so many of our People have
left Schahkook. They are not gone to a strange Country, but are
only among our Uncles the Six Nations, with whom we are united
in Covenant/

" A String of Wampum,

PROVINCIAL COUNCIL. 17

"'Father:

" ' Respecting the War with the French we will do as the Six
Nations and our Fathers, and will take them for Examples in all
Things relating thereto/

" A Belt.

" ' Father :

" ' We are glad the Six Nations design to send some of their Peo-
ple to Canada to treat with the Indians there. We have been two
or three times to the Carrying Place to treat with some of those
Indians, in order to keep Peace, and design to send some of our
People to Canada to speak with some of the Indians there upon the
same Business/

" Gave some Skins.

" His Excellency recommended to them that they should use their
Endeavours to prevail upon the Aschicanhook Indians, and all the
rest of the Indians who have left their old Dwelling Place to return
to Schakook.

" They answered they would.

" The Indians of the United Nations then delivered their Answer
to the Speech made to them, Canasatego being Speaker : A Copy
of which, with what ensued, as we received it, follows in these
Words :

" 'Brethren:

" 'Two Bays ago you spoke to Us, and we are now come to give
you our Answer. You must not expect that we can answer par-
ticularly to the several Heads you mentioned to Us, but only to the
principal Articles. You have renewed to Us the Covenant Chain,
and we do now renew the same on our Parts ) and it is impossible
that it can ever Rust, for we daily wipe off the Rust and Dirt and
keep it clean, which we will ever continue to do/
. " A Belt.

" < Brethren :

" '.You thought fit to mention to us that there had been an Uproar
among Us last Winter, and told us we ought not to entertain any
such Notions of you our Brethren, especially as we had no Grounds
to believe any such Thing. It is true, Brethren, there was such a
Rumour among us, but it was immediately buried and forgot, and
we did not expect that our Brethren would have mentioned any
thing concerning that Affair to Us at this Interview; and we desire
You think no more of it. We are always mindful of the Cove-
nants between us and our Brethren, and here is a Certificate*

* They here produc'd a Certificate under the Seal of the Massachusetts.

Vol. v.— 2.

18 MINUTES OF THE

whereby it appears that we are in Covenant with our Brethren of
Boston/

u A String of Wampum,

" 'Brethren :

" 'You spoke to us concerning our going to Canada, and told us
that the Commissioners of Indian Affairs had last Winter told us
not to go there, but some of us went. As to what you tell us, that
we had taken up the Hatchet against our Brethren and promised to
consider of it at Home, it is not so. The Mohawks and Tuscaro-
roes, at their Return, gave the Commissioners of Indian Affairs an
Account of all that passed there, and we are convinced that that
Account is true."

"A Belt.

M * Brethren :

" 'You have thought fit to relate to us several Particulars concern-
ing the War between you and the French, and what Reason You
had for taking up the Hatchet against the French and their Indians.
We thank you for giving Us a particular Account of the Provoca-
tions and Inducements you had for declaring War against them.
You have also mentioned to us that we are one Body and Flesh,
and that if one of us is touched or hurt the other is likewise ; and
you have informed us that you were molested and attacked by the
Enemy, and had therefore taken up the Hatchet against them, and
desired, as we are one Flesh with you, that we would also take up
the Hatchet against the French and those under their influence, in
Conjunction with You. We Six Nations accept of the Hatchet
and will keep it in our Bosom. We are in Alliance with a great
number of far Indians, and if we should so suddenly lift up the
Hatchet without acquainting our Allies, it would perhaps disoblige
them ) we will, therefore, before we make use of the Hatchet against
the French or their Indians, send four of our People, who are now
ready, to Canada, to demand Satisfaction for the wrongs fcliey have
done our Brethren ; and if they refuse to make Satisfaction, then
we will be ready to use the Hatchet against them whenever our
Brother the Governor of New York orders us to do it/

" A Belt.

" His Excellency ask'd them what time they thought necessary to
see whether the French Indians would make such Satisfaction ?

"They answered two months.

"His Excellency asked them, That if in case the Enemy should
commit any further Hostilities in the mean time, Whether they
would then, upon his Commands, immediately make use of the
Hatchet ?

« They answered Yes.

PROVINCIAL COUNCIL. 19

u ' Brethren :

" ' You desired us to gather together our People who are scattered
and to settle in a Body, especially as it is very uncertain how soon
we may have occasion for them. Your Bequest is very reasonable;
and we will use our Endeavours to that End/

" A Belt.

"' Brethren :

" 'We have now finished our Answer, and have nothing further to
say but only one Request to make to You all, which is, That you
our Brethren should be all united in your Councils, and let this
Belt of Wampum serve to bind you all together; and if any thing
of Importance is to be communicated to us by any of you7 this is
the place where it should be done/

" A Belt.

"The answer thus delivered by the United Nations was received
with the Approbation of the Governor of New York, the Commis-
sioners of the Massachusetts only expressed their Diss-atisfaction;
for that, as they alledged, the Indians the last Year had engaged
that if any Hostilities were committed against the English, they
would in such Case declare War; That Hostilities had been since
committed, and therefore by those Engagements the Six Nations
ought now to Declare War with the French and Indians.

"This Day we proposed to have Delivered our Speech to the In-
dians, but the time being too far spent, & this the last Day of the
Week; we were obliged to post pone it until the beginning of the
next. .

" The fourteenth of October being the time we appointed for Speak-
ing with the Indians, we gave Directions to Conrad Weiser to give them
notice to attend. But before they came to the place appointed, we re-
ceived a Message from the Governor of New York that he was then
met in Council, and desired to speak with us. We went accordingly.
When we came to the Governor's, besides himself and his Council
there were present the Commissioners from the Massachusetts, who
then presented to the Governor Letters that they had received by
an Express, giving an Account that a Party of French and Indians
had a few Days before made an Attack on the Great Meadow Fort;
about Fifty Miles, as we are informed; from Albany. That they
had taken Prisoner a Person whom they found at some Distance from
it. That two others coming down a Creek near that Fort were shot
at; one killed the other made his Escape. The Number of French
and Indians was not mentioned. On reading of these Letters, the
Commissioners for the Massachusetts were requested to be explicit
in what they desired on this Occasion. They thereupon represented;
that their Government thought it unreasonable the whole Burden

20 MINUTES OF THE

of the War should remain on one Province, whilst the rest re-
mained Neutral; That they desired the Indians of the Six Nations
might be engaged to assist them. That tho' they thought it was
reasonable other Provinces should bear a part of the Expence, yet
rather than want the Assistance of the Indians on the present occa-
sion they would bear the whole Expence themselves. The Gov-
ernor of New York complained the Massachusetts Government had
been too precipitate in their Declaration of War ; That the other
Governments were not obliged to follow the Example ; Said that
he had done all in his Power towards being better provided for a
War ; That in the Condition the Inhabitants of that Province were
in on the Borders, it would be imprudent in him to engage the In-
dians of the Six Nations in a War ; That proper Provision should
first be made, which could not be done without his Assembly, who
were to sit in a little time, and before whom he would lay this
Affair. After this, and more of like Import said, we parted. The
Governor of New York having delivered the Presents from that
Government to the Indians of the United Nations, embarked for
the City of New York, and we proceeded to meet the Indians ac-
cording to our appointment. When we came to the Place agreed
on for this purpose, we found the Deputies of the United Nations
attending, and the Speech we had before agreed on was now read, and
Interpreted to them by Conrad Weiser, the Interpreters of New
York and the Massachusetts being also present and assisting.
Which Speech follows in these Words :

" ' Brethren of the Six Nations.

" 'Altho' it is not long since a Treaty was held with You in Penn-
sylvania, yet our Governor and the Assembly of the Province', being
informed of your coming hither, have, at the invitation of the Gov-
ernor of Now York, sent us here to ]be present at the Treaty now
held with you. We attend accordingly, and are glad to see You.
In token whereof we present you with this

" ' String of Wampum.

u ' Brethren :

" ' Before your last going to Canada you promised our Governor
that on your return you would open your Hearts and give a full
Account of all that passed between you and the French Governor;
And we have it in Charge to desire you now to perform this
promise.

"'Brethren:

"'We arc also to put you in mind that by the Treaty made last
Year with our Governor at Lancaster, you promised him that neither
the Governor of Canada nor any of his People should come through
your Country to hurt your Brethren the English, nor any of the

PROVINCIAL COUNCIL. 21

Settlements belonging to them : Notwithstanding which some of the
Shawnese Indians, in Conjunction with some Frenchmen from
Canada, committed a Robbery on our Traders, and took from them
a great Quantity of Goods. This our Governor sometime since
gave you notice of by Conrad Weiser, and you undertook to demand
Satisfaction for the Injury of the G-overnor of Canada and the
Shawnese Indians. We, therefore, now desire to be informed
whether you have made this Demand, and what Satisfaction you
have obtained. The French men who did this Injury came through
the Lands you claim, and the Robbery was committed on our
Traders on those Lands. It was, therefore, a manifest Breach of the
Neutrality the Governor of Canada pretended to observe towards
you, and snews the perfidy of the French, and that they regard the
Treaties they make no longer than whilst they think it their Interest
so to do.

'"We hope their Example will not influence you, but that you
will fulfil all the Treaties you have enter' d into with your Brethren
the English. To impress this on your minds, and to enforce our
Request we present you with this

"'Belt of Wampum.

'" Brethren:

"'Besides what we have already said, we are also to remind you
that our Governor, at the Request of the Government of Virginia,
became a Mediator between you and the Southern Indians called
Catawbas ; And you promised him next Spring to send Deputies to
Philadelphia to meet some of that Nation, in order to conclude a
Peace with them, And that in the mean time all Hostilities should
be suspended. But our Governor is since informed that a party of
the Oneides' Warriors are gone to Attack the Catawbas. Whether
this be true or not, or whether any of your Young Men went with-
out your Knowledge we. do not know, and therefore desire you now
to inform us of all the particulars ; and if any of your Warriors
are gone against the Catawbas that you will forthwith recal them,
and take care that no more go against them during the time agreed
on.

'" Brethren:

" ' You may remember that at a Treaty held with our Government
at Philadelphia, in the Year One Thousand Seven Hundred and
Thirty -two, 'you were advised' 'To call home all those of your
Nations who were at Canada or live amongst the French, lest if any
Occasion or Difference should arise they might be prevented from
returning.' This in your Answer made to our Governor in the
Year One Thousand Seven hundred and Thirty-six, you call ' Sound
Advice, say the French were formerly your cruel Enemies, and that
you were taking such Measures as you hoped would be effectual to
bring back your People if any new Breach should happen.'

22 MINUTES OF THE

" ' Brethren :

u ' The French are a subtle People. A Breach hath now hap-
pened, occasioned by an unjust Declaration of War made by the
French King against the King of Great Britain and His Subjects;
and no doubt, if any of your People live amongst the French, they
will endeavour to engage them in their Service, and therefore we
think you would act very prudently, as soon as is possible, to per-
suade them to return and settle amongst you. To enforce this Be-
quest we present you with this

" ( Belt of Wampum.

u c Brethren —

a i We have more to say to You from our Governor, but this we
must defer until we hear your Answer to what we have already
said/

u This Speech being Interpreted to them and the Indians by
Canasetego their Cheif, signifying their Intention of an immediate
Consultation, and in a little time to return to us an Answer, we
withdrew/

" Sometime after being informed the Indians were come to a Ke-
sult, we again met them and received their Answer, the Substance
of which, as the same was translated to us, is as follows, the afore-
said Canassafcego being Speaker :

" ' Brethren :

u 'You that come from Pennsylvania to represent our Brother
Onas ', you tell us that you come hither at the Invitation of the Gover-
nor of New York to the Council Fire at Albany to hear what passes
between us and our Brother the Governor of New York. You
were pleased to signify to us that you were glad to see us, for which
we return you our hearty Thanks. We are likewise glad to see
you ; in Token whereof, we return you this

u ' String of Wampum.

" < Brethren .

" 'The first Thing you required of Us this Morning was, that we
would give you an Account of all that passed between us and the
Governor of Canada at our last visit to him, according to the pro-
mise we made the last Summer to Conrad Weiser, your Interpre-
ter, at Oswego. And since You desire to hear with your own Ears,
we are now ready to do it, tho' it will take up time, and therefore
another opportunity might have suited better. Our going to Mon-
treal was at the Invitation of the Governor of Canada. At our
coming there, several great Men, as well of the French as Indians,
being Bead since our last Journey there, we, according to our Cus-
tom, spent some Bays in bewailing their Death. During this Time
divers of the French Council took an opportunity of sounding us
to learn how the War went on with the English, and how far we

PROVINCIAL COUNCIL. 23

were engaged therein. On which occasion we told them that for-
merly we had inconsiderately engaged in Wars, but that we looked
upon this War as a War between the English and French only, and
did not intend to engage on either side ; for that the French and
English made War and made Peace at Pleasure, but when the In-
dians once engaged in Wars they knew not when it would end.
We also told the French that they knew, and all the World knew,
the Countries on which we were Settled, and particularly the Lakes,
were ours; and therefore if they would fight our Brethren the
English they ought to fight on the Salt Water, and that they must
not come over our Land to disturb them, or to obsiruct the Trade
at Oswego; That they, the French, had two Trading Houses on
those Lakes with which they ought to be contented/ The Governor
of Canada promised us he would not do it unless the King his
Master should command him, and then he must obey. While
these Things pass'd, News arrived at Montreal of the taking of
Cape Breton by the English, at which the French were much
alarmed ; and the Governor thereupon sent for all the Indians then
at Montreal, to wit, the French Indians and us the Deputies of
the Six Nations, who met together in a large House, where the
Governor of Canada taking in his Hand a large Belt of Wampum,
in which the figure of a Hatchet was wrought, speaking to us of the
' Six Nations, said as follows :

"< Children:

" ' Your Brethren the English have already taken one of my Towns
(meaning Cape Breton), and their Fleet I suppose is now coming up
to Quebec ; and therefore I must take up the Hatchet to defend
myself against them. As for you my Children (speaking to the
French Indians), I have no occasion to speak much to You, for you
must live and die with me, and cannot deny me your Assistance.
And as for you my Children of the Six Nations (speaking to us),
he further said, I know you love your Brethren the English, and
therefore I shall not say much to you ; perhaps you would not be
pleased with it. But Children, said he, should know their Duty to
their Father. Then speaking to Us all, he desired- such who loved
him to go with him and assist him in defending Quebec ; and that
those who went with him need not take any thing with them save
their Tobacco pouches; that he would provide Guns, Pistols, Swords,
Ammunition, Provisions, and every thing, even Paint to paint then! ;
and thereupon delivered the Belt to the Interpreter, who threw it
at the feet of the Indians present, some of whom inconsiderately
and without any consultation first had took it up and danced the
War Dance; and afterwards divers of the Indians present, chiefly
of the Praying Indians, went with the French Governor to Quebec,
where they staid eight or ten Days; but no Notice was taken of
them, nor any Arms or Necessaries so much as a Knife provided for
them ; nor were they admitted to speak to the Governor, which so
exasperated the Praying Indians that they left Quebec and are since

24 MINUTES OF THE

gone against their common Enemies to the Southward/ Canassa-
tego added:

" ' Brethren —

" ' You also put us in mind this Morning of the Treaties of Friend-
ship subsisting between you and us. The last we made with the
G-overnor of Pennsylvania was at Lancaster the last Year. By this
Treaty we were to be Neutral (and we wish the English of all the
Provinces would agree that we should remain so) unless the French
should come through our Settlements to hurt our Brethren the
English, which we would not permit. This and all other our Trea-
ties with our Brethren the English we are determined to observe,
and in token thereof we return you this

" ' Belt of Wampum.

" ' Brethren :

" ' You also put us in mind of our Brother Onas, his Mediation
between us and the Catawbas, and that you heard some of our
Warriors were notwithstanding gone against them. It is not in our
Power to restrain our Warriors as the English can do until a Peace
be finally concluded. This the Catawbas know. We have used
our Endeavours to restrain them from going, and shall continue so
to do during the time agreed onj although we doubt whether the
Catawbas are so desirous of Peace as they wou'd have our Brother
Onas beleive ; otherwise they wou'd have done as the Cherokees did,
who, tho' they were at War with us, came to desire Peace, but the
Catawbas have neither come to us nor have they come to our Bro-
ther Onas. But the Account he has received is only from the Gov-
ernment of Virginia. When Conrad Weiser brought us an Ac-
count of this matter we were going to Canada, and at our Return
we had kindled a Council Fire, but receiving a Message from the
Governor of New York we were obliged to rake it up until we re-
turn.' Canastego further said, ' We have spoke to the Governor
of Canada concerning Peter Chartier and the robbing of your In-
dian Traders. The Governor of Canada said he knew nothing of
the matter. At our Council before mention'd we were to have con-
sidered what we should do further in this Affair, but were called
away before we had come to any resolution/ He added, i your
Traders go very far back into the Country, which we desire may
not be done, because it is in the Road of the French. At our re- '
turn we will hold a Council, and in the Spring when our Deputies
come to meet those of the Catawbas at Philadelphia, we shall send
our Brother Onas our Result/ Canassatego further said :

" ' Brethren —

" ' You put us in mind of a promise we made our Brother Onas at
his coming over to Pennsylvania, That we would recal our People
from Canada who were Settled there. We have invited them back
to us and have done all we can to effect it, but cannot prevail. The

PROVINCIAL COUNCIL. 25

Governor of Canada has taken me into his Lap, suckles them as his
Children, and they are so well pleased with him it is impossible for
us to prevail with them to come and settle with us. We return
you this Belt instead of that we received from you.'

" After we had received this Answer of the Indians, we ac-
quainted them by our Interpreter that what we had further to say
to them would be early the next Morning ; In the mean time we
ordered them a Pair of Oxen and some beer for their subsistence,
and then parted.

" The next Morning, being the Fifteenth of October, the Indians
met us pursuant to our appointment, when we spoke to them to the
Effect following :

" ' Brethren —

" ' We now put you in mind there are two things remaining under
your Consideration, concerning which you have received Belts from
our Governor and have as yet returned no full Answer : The first
relates to the Catawbas, the Second to our Indian Traders. As you
have signified to us your inability of doing it at this time, we ex-
pect when you return home a Council will be called, and that you
will give our Governor a full Answer in the Spring.

" ' Brethren —

" ' When our Governor and Assembly sent us hither they did not
think it fitting we should come empty handed ; but have directed
us to provide you a Present. We considered Winter was approach-
ing, that our Brethren would want Cloathing to preserve them from
the Cold, and Powder & Lead to acquire their livelihood by hunting;
we therefore provided the Goods which now lie before You, to wit :

" Six Pieces of Strowds, Eight Dozen of Knives,

"Four Pieces of Indian Blankets, Four hundred and twenty-five Bars

" Two Pieces of Striped Blankets, of Lead,

"Four Pieces of Half Thicks, Four half Barrells of Pistol Pow-

"One Piece of Shrewsbury Cot- der.

ton,

" ' These we present to you on behalf of our Government, and
have no more to say but to wish you a good Journey Home/

"This Speech being Interpreted to the Indians, after a short Con"
sultation between themselves, they brought Six Bundles of Skins;
and by Canasatego spoke as follows :

"'Brethren:

" ' We thank you for the Goods you present us. We are Poor and
have little to return; however, out of what we have we present
You with the Six Bundles of Skins which you see. These we de-
sire may be accepted of as a Token of our Affection/

"To this we replied: We accepted them in the manner they
desired, wished them well, and then took leave of them.

26 MINUTES OF THE

"The Sloop which brought us waiting our Return, we embarked,
arrived at New York on the Nineteenth of October. The same Day
took Boat and got to Elizabeth Town Point. Then mounted our
Horses and on the Twenty-second of October reached Home.

" Permit us to add, that in the foregoing Relation we do not pre-
tend to have delivered the several Conversations which past Ver-
batim, but only the substance, so far as we judge them material,
and where we have made any Omissions they are of such things
as we think of too little Consequence to be inserted. If the Gov-
ernor's health and other Affairs of Importance had permitted his
Attendance at this Treaty, we make no question it would have been
managed with greater Skill & Delicacy. Thus much, however, we
may say, That so far as were able we have, pursuant to the Instruc-
tions we received, faithfully endeavoured to acquit ourselves of the
Trust to the Honour & Interest of the Province. But whether we
are so happy as in any degree to have succeeded herein, is humbly
submitted to the Governor. By

"THOMAS LAURENCE.
"JOHN KINSEY."

A Message from the Governor to the Assembly.

"Gentlemen :

" Since the Meeting of your House a Petition has been presented
to me from a considerable Number of the Inhabitants of Lancaster
County, setting forth their Wants of Arms and Amunition, & their
inability to purchase any from their having expended what little
substance they had in Clearing & Improving their Lands, and pray-
ing that I would recommend to the Assembly the making such a
Provision of both as may enable them to defend themselves against
any enemy that shall attempt to disturb them.

" Whether there be any truth in the late Intelligence from Mini-
sink or not, it must be allowed that there is a possibility of an At-
tack upon us, and even in that case some Provision should be made
for the Security of our Frontier Settlements at least.

" If the Expence of supplying such a Number of People with
Arms should be thought too great, three or four hundred may be
purchased and delivered to those that want them most, and are most
likely to make a right use of them, they giving a Note of Hand
either to return them in good Order at a certain time, or to pay the
Cost of them into the Publick Treasury, agreeable to the practice
in some other Colonies.

"GEO. THOMAS.

"January 10th, 1745-6."

A Message from the Assembly to the Governor.
" May it please the Governor :
"We have had under our Consideration the Instructions the

PROVINCIAL COUNCIL. 27

Governor was pleased to give to the Commissioners appointed to
Treat with the Indians at Albany, and their Report concerning
that Treaty laid before us by the Governor's Directions; both are
very satisfactory to Us ; the former as it is a fresh Instance of the
Governor's care for the Inhabitants of the Province, and for
which we therefore render him our hearty thanks, and the latter
as it shews the Indians of the Six Nations yet retain their antient
Friendship towards this & other the King's Colonies in America.
War in most Cases is attended with some disagreable Consequences
amongst Indians, with many and of the worst kind, for which and
and other Reasons it would have been most agreable to us if the
Circumstances of Public Affairs would admit the Indians of the
Six Nations to remain Neutral. And it gives us great concern that
the pernicious Conduct of the French at Canada in setting their In-
dians on destroying the Inhabitants of some of our Neigboring
Governments hath given them so much cause to think they are put
under the Necessity of engaging the Indians in Amity with us to
declare War against the French & their Indians, and to avenge them-
selves of the Injuries done.

" We cou'd have heartily wished the Mediation which the Gov-
ernor was pleased to undertake at the desire of the Governor of
Virginia to obtain a Reconciliation between the Indians of the Six
Nations and the Catawbas had been effectual. Their destroying
each other not only weakens the British Interest in America, but
at this time must be particularly injurious to the Six Nations, as
they are likely to be engaged by the Government of New York in
a War with the French & their Indians. But if Coll0, Gooch, at
whose Request this Mediation was undertaken, continues to decline
it, we know not what further can be done. We think, however,
it was prudently done in the Governor to acquaint the Six Nations
with the Resolutions the Catawbas have taken, as well to save their
Deputies the Trouble of a fruitless Journey as us the Expence it
must otherwise have occasioned.

" When we consider the Information transmitted to the Governor
of New York, now laid before us, touching the preparations said to
he making by the French & their Indians upon a Branch of the
River Mississippi for an Attack upon the back parts of this & some
of the Neighboring Colonies, in all its Circumstances it leaves us
room to doubt whether it hath a real Foundation. It was, however,
discreetly done in the Governor to acquaint the People of Lancas-
ter County with the Report ; and as the employing of some of the
Delaware Indians to keep Watch, and to give those Inhabitants
Notice if any Danger shall Approach, may contribute to render
them the easier in their present situation, we approve of the Gov-
ernor's Conduct therein ; and the Expence which shall arise by this
means we are willing to pay.

u As to the Letter the Governor is pleased to lay before us, re-

28 MINUTES OF THE

ceived from Admiral Warren, in relation to Cape Breton, since we
have so lately given a Sum of Money which was laid out in Pro-
visions, and which the Governor was pleased to apply to the use of
the Garrison on that Island j and as the Admiral thinks himself, in
conjunction with Sr* William Pepperel, authorized to draw Bills for
any purposes which they shall think necessary to preserve that Im-
portant acquisition, we think they can he at no loss, especially at a
time when Bills of Exchange are in so great demand, to raise any
Sum of Money they may think fitting without any Assistance of
ours.

" The unnatural Rebellion which hath broke out, and was lately car-
rying on in Scotland, supported by France and Spain, gives us great
concern. It is astonishing to Us how any of our fellow Subjects,
who enjoy so many and great Priviledges under the present happy
Establishment, should be so blinded toward their true interest as to
countenance a Popish Pretender against our present King ; and we
heartily join in our Prayers to Almighty God to establish his
Throne, protect his Royal Person, and confound the Devices of his
Enemies, open and concealed.

"We return the Governor hearty thanks for the Assurance he is
pleased to give us, ' That whatever shall be laid before him for the
welfare of the Province will meet with a favourable Reception/
We have divers things of this kind now before us, which in due
time we shall offer to his Consideration, ' not doubting of as much
dispatch as the nature of the Business will admit of.'
" Sign'd by Order of the House.

"JOHN KINSEY, Speaker.

" 11th Month, 1745/'

At a Council held at Philadelphia, January 23d, 1745.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Abraham Taylor, James Hamilton, ) ^

Robert Strettell, j ^sqrs-

The Minutes of the preceeding Council were read and approved.

The Assembly having sent two Bills to the Governor, One En-
titled "An Act for the more easy & speedy Recovery of small
Debts/' the other Entitled "An Act for amending the several Acts
for Electing Members of Assembly/' the same were read for the
first time.

PROVINCIAL COUNCIL. 29

At a Council held at Philadelphia, January 25th, 1745.

PRESENT :

The Honoblo. GEORGE THOMAS, Esqr-> Lieutenant Governor.
Thomas Laurence, Samuel Hasell,

Abraham Taylor, Robert Strettel, J SC^rS'

The Minutes of the preceding Council were read and approved.
Mr. Laurence offer'd to the Governor & Council a Return of the
King's High Road leading from the City of Philadelphia thro'
Frankfort towards Bristol, made by Anthony Palmer, Benjamin
Fariaan, Job Goodson, Edward Brooks, & Thomas Chalkley, in
pursuance of an Order of Council of the 7th of May, 1725, and said
he did at the Instance of many People who had Lands adjoining
the Road, and who desired it might either be confirmed or the Road
Surveyed & Laid out anew. The Board taking into Consideration
the length of time since the said Road was laid out, and that no
Notice had ever been taken of the said Return so as to open the
Road agreeable thereto, & that the same had never been Confirm' d
or Recorded, It is now referr'd to Mr. Laurence, Mr. Hasell, Mr.
Strettel, & Mr. Shoemaker, to view the said Road, & in case they
should judge it necessary to be Survey 'd & Laid out, De Nova to
take to their Assistance the Surveyor G-eneral, & to cause it to be
done, & make Return thereof to the Council in order for Confirm-
ation.

The two Bills sent up by the Assembly, One Entitled "an Act for
the more easy & speedy Recovery of small Debts/' the other entitled
" an Act for amending the several Acts for Electing Members of
Assembly/' were read a second time & agreed to with some Amend-
ments, which were put in Writing, & the Secretary was order' d to
deliver them to the House, along with the Bills.

At a Council held at Philadelphia, February 3d, 1745.

PRESENT :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Samuel Hasell, Abraham Taylor, ~) ™ 1

Robert Strettel, James Hamilton, j '" '

The Minutes of the preceding Council were read and approv'd.

Since the last Meeting of Council two Members of Assembly
waited on the Governor to inform him that the House agreed to the
Amendments proposed by the Governor & Council to the two Bills,
one Entitled '* an Act for the more easy and speedy Recovery of
small Debts/' the other entitled "an Act for Amending the several
Acts for Electing Members of Assembly/' & desir'd they might be

30 MINUTES OF THE

engross'd, but that the additional Clause propos'd, relating to At-
tachments, was thought to be attended with many Inconveniences;
& therefore declined.

February 1st, 1745.
MEMORANDUM. .

Two Members of Assembly waited on the Governor and delivered
two other Bills, viz. : one Entitled "an Act for Amending the Laws
relating to the Poor, & for the better appointment of Overseers of
the Poor within the City of Philadelphia," the other Entitled " a Sup-
plement to the Act entitled an Act for erecting Houses of Correc-
tion and Work Houses in the respective Counties, & to the Act
entitled an Act to enable Jeremiah Langhorne, &ca-' to Build a
Court House in the County of Bucks," which were read for the first
time, & the Act for amending the Laws, &ca" was committed to Mr.
Hasel, Mr. Hamilton, & Mr. Taylor, to consider & amend.

The Go.vernor laid before the Board a Letter from Governor Shir-
ley, Dated at Boston the 13th Day of January last, Importing "that
there was reason to believe the Canadians wou'd make a vigorous
Attack upon His Majestie\s Garrison at Annapolis Royal early next
Spring, & that in Case they should succeed there all Nova Scotia
would fall into their Hands, & the Loss of Louisbourgh might be
the immediate Consequence of the Loss of Nova Scotia; or if the
French shou'd attempt & Succeed in the Recovery of Louisbourgh
in the Spring, in that case the Loss of Nova Scotia must be the fatal
Consequence ; and therefore giving it as his opinion that it will be
absolutely necessary for the Province of Pennsylvania, & all the
Neighbouring Governments which have not yet raised any Men for
his Majestie's service in the Expedition, to furnish a large number,
500 of which he hopes Pennsylvania might raise." And likewise
a Letter from Governor Clinton, Dated at New York the 27th of
January, 1745, importing " that the Assembly had requested him
to appoint Commissioners to Treat, in conjunction with such Com-
missioners as should be appointed by the Neighbouring Govern-
ments, for concerting measures for the mutual Security, Defence,
and Conduct of the Northern Colonies during the present War, &
that they had further requested him to represent to the several Gov-
ernments the wavering Disposition of the Indians, and that Com-
missioners ought to be appointed for this Province." And the
Governor having wrote A Message to the Assembly on the Subject
of the said Letters, the same was read and approv'd. k is as fol-
lows:

A Message from the Governor to the Assembly.
u Gentlemen :

" Having received a Letter from Governor Clinton, and another

PROVINCIAL COUNCIL. 31

from Governor Shirley, by the last Post, I have ordered the Secre-
tary to lay them Before You. And as I cannot take upon me to
enter into any Engagements in Behalf of this Government without
your Concurrence and Assurance of enabling me to perform them,
my Answers to these Letters must arise from the Resolutions . of
your House. My Sentiments of the Necessity of an Union of the
several Colonies for the Defence of their Frontiers, and of securing
the Fidelity of the Six Nations and the Indians dependent upon
them, and my Apprehensions of their being otherwise seduced by,
or compelled to join with the Enemy, have been so lately made
known to You that I need not repeat them. If You shall Agree
to my appointing Commissioners to confer with such as are & shall
be appointed by the Governors of the several Colonies, I shall chear-
fully assist them with the best Instructions I can form for their
Conduct in an Affair of so great Importance.

« GEO. THOMAS.
" February 3d, 1745."

The Governor ordered the Secretary to inform Mr. Shoemaker of;
his being appointed a Member of Council, & to take care that he be
Summoned to the next Council.

At a Council held at Philadelphia, February 4th, 1745.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor,
Thomas Laurence, Samuel Hasell, ""]

Abraham Taylor, Robert Strethil, V Esquires.

James Hamilton, Benjamin Shoemaker, J

The Minutes of the preceeding Council were read and approved.

Mr. Shoemaker took and subscribed the qualifications as a Mem-
ber of the Council.

The Governor laid before the Board a Message he had received
from the Assembly the 5th Instant, which was delivered by two
Members, who were directed the same time to inform him that seve-
ral of the Representatives having Business at the Courts and in the
Country, the House was inclined to adjourn to the 24th Instant, to
which he made no objection.

A Message from the Assembly to the Governor,
May it please the Governor :

We have taken into our Consideration the last Message with the
two Letters which the Govr- was pleased to send us ; and as to the
proposal made by the Governor of New York for the appointment
of Commies1"8- from the several Colonies, we think it will be both

32 MINUTES OF THE

difficult and unnecessary for us to be particular in our Sentiments
concerning it, until we are ascertained how it will "be taken by other
Colonies ; and whether any, & which of them, shall concur in such
an Appointment. If such Commissioners shall be thought neces-
sary for securing the Indians of the Six Nations in the British
Interest, or for any other purposes which may appear to us to be for
the general Good, we shall chearfully concur in it. And we are
made acquainted that such an Appointment is generally acceded to
by other Colonies, and the time and place of Meeting proposed; it
will then, we think, be time enough for us, who are near the Centre
of these Colonies*", and who meet frequently on the Public Affairs of
the Province, to deliver our Resolutions thereupon.

As to the -Letter from Governor Shirley, we observe it was writ-
ten before the account of the Arrival of the Regiments sent from
Gibralter to the Garrison at Louisbourgh, and the Proposition he
makes appears to us to be intended principally as an Expedient to
have taken Place in case of their Miscarriage ; and as by the Pub-
lick Accounts there is reason to believe those Regiments are since
arrived, we presume the Necessity of the Application to this Pro-
vince may be removed.

The Expedition to Carthagena, the Manning of divers private
Ships of War, and the numbers which have enlisted in the King's
Service, with the Recruiting Officers from the Islands of Jamaica
and Antigua, have drained this Province of many of its inha-
tants, and had we no other Objections we conceive it can hardly be
thought reasonable the Province of the Massachusetts should have
the Assistance required from hence, even tho' it were necessary,
rather than from Rhode Island, Connecticut, and New Hampshire,
whose Situation and engagements Interest them more deeply than
us in the preservation of Nova Scotia and Cape Breton.
" Sign'd by Order of the House.

" JOHN KINSEY, Speaker.

« 12th Mon. 5th, 1745."

The Bill entitled " an Act for amending the Laws relating to the
Poor, & for the better appointment of Overseers of the Poor within
the City of Philadelphia," was read a second time, & divers Amend-
ments were reported and proposed by the Committee, which were
read and approved.

The Bill entitled " a Supplement to the Act entitled < an Act for
erecting Houses of Correction and Work houses in the respective
Counties/ and to the Act entitled an 'Act to enable Jeremiah
Langhorn, &ca,> to Build a Court House in the County of Bucks/ "
were read a second time & some Amendments propos'd, which were
read and approv'd.

, The Secretary was order' d by His Honour to transcribe the several
Amendments fair, & deliver them with the Bills to the House.

PROVINCIAL COUNCIL. 33

24th February, 1745, P. M.
MEMORANDUM.

Two Members of Assembly waited on the Governor & acquainted
hiin that the House was met according to their Adjournment, &
ready to receive any thing the Governor shou'd have to lay before
them. His Honour was pleas'd to say he shou'd to-morrow morn-
ing send down to the House the Bills that had been laid before
them, with some Amendments.

At a Council held at Philadelphia February 28th, 1745.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gover-
nor. *
Abraham Taylor, Robert Strethil, | ™
James Hamilton, j ^

The Minutes of the preceding Council were read and approved.

The Governor laid before the Board a Bill entitled " an Act for
the Re-emitting and continuing the Loan of the Bills of Credit of
this Province ;" which was read for the first time.

At a Council held at Philadelphia, March 3d, 1745.

PRESENT :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gover-
nor.

Abraham Taylor, Robert Strethil, } -^

Benjamin Shoemaker, j ^

The Minutes of the preceeding Council were read and approv'd.

The Governor laid before the Board the Bill Entitled "an Act for
the Re-emitting and continuing the Loan of the Bills of Credit of
this Province ;" which was read a second time, and some Amend-
ments being propos'd the same were agreed to, & the Secretary re-
ceived His Honour's Commands to transcribe them fair & deliver
them to the House with the Bill.

The Governor likewise laid before the Board two other Bills, one
entitled "a supplementary Bill to the Act entitled 'an Act for pre-
venting the Exportation of Bread and Flour not Merchantable,' " the
other entitled "an Act for the more effectual suppressing profane
Cursing and Swearing ;" which were read ; and the Flour Act was
committed to Mr. Hasell, Mr. Taylor, & Mr. Strethil, to consider
& Amend.

VOL. v. — 3.

U MINUTES OF THE

At a Council held at Philadelphia, March 4, 1745.

present :
The Honohle. GEORGE THOMAS, Esqr., Lieutenant Gover-
nor.

Thomas Laurence, Samuel Hasell, \

Abram Taylor, Robert Strethill, V Esqrs.

James Hamilton, Benjamin Shoemaker, J

The Minutes of the preceeding Council were read and approv'd.

The Bill for preventing the Exportation of Bread and Flour not
Merchantable, and the Bill for the more effectual suppressing pro-
fane Cursing and Swearing, were read a second time, & some Amend-
ments being propos'd to both Bills, they were order' d to be tran-
scribe fair & delivered with the Bills to the House.

The Governor laid before the Board a Bill for erecting a House
of Correction & Work House in the Burrough of Bristol, in the
County of Bucks,. & for raising of Money on the Inhabitants of the
said Burrough for the Publick Use and Benefit thereof ; which was
read and agreed to.

A Message was delivered by two Members of Assembly to the
Governor in Council, that the Amendments propos'd to the Bill for
the Re-emitting & Continuing the Loan of the Bills of Credit of
this Province were agreed to by the House j whereupon, the Gov-
ernor said they might proceed to engross the Bill.

At a Council held at Philadelphia, March 7th, 1745,

present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Samuel Hasel, ) ™
* Abraham Taylor, j "

The Minutes of the preceeding Council were read and approved.

The Governor inform'd the Council that the House had agreed
to the Amendments propos'd to the Flour Act, & that he had told
them they might order the several Bills which had been approv'd
to be engross'd, and Mr. Taylor & Mr. Strethil were desir'd as a
Committe of Council to examine them when engross'd, with a
Committee of the House, which they did, and found them to agree
with the Copies, but that as in one of the Bills there were some
words that were rendered superfluous by one of the Amendments
agreed to, the Governor, on a Message from the House, assented
they shou'd be erased.

The Governor further inform'd the Council that he had appointed

PROVINCIAL COUNCIL. 35

this Bay, at 12 o' Clock, to receive the Speaker & the whole House
in order to pass the several Bills, and accordingly the Speaker, at
the head of the whole House, presented the following Bills, which
the Governor Enacted into Laws, Viz'- :

" A Bill for the Re-emitting and Continuing the Loan of the
Bills of Credit of this Province/5

" A Bill for amending the several Acts for Electing Members of
Assembly."

" A Bill for the more easy and speedy Recovery of small Debts."

"A Supplement to an Act entitled 'an Act for Erecting of
Houses of Correction and Work Houses in the respective Counties/
And to the Act entitled 'an Act to enable Jeremiah Langhorn,
&ca-' to Build a Court House in the County of Bucks/ "

" A Bill for Erecting a House of Correction and Work House in
the Borough of Bristol, in the County of Bucks, and for raising of
Money on the Inhabitants of the said Borough for the Public Uso
and Benefit thereof."

" A Supplementary Bill to the Act Entitled c An Act for pre-
venting the Exportation of Bread and Flour not Merchantable/ "

" A Bill for the more effectual suppressing profane Cursing &
Swearing,"

And Mr. Laurence & Mr. Hassel were desir'd to see the Great
Seal Affixed to them.

The Speaker at the same time presented the Governor with two
Orders, one on the Trustees of the Loan Office for £500, and the
other on the Provincial Treasurer for £1,000, & inform'd the Gov-
ernor that the House propos'd to Adjourn to the 19th of May, to
which His Honour made no objection.

±2osms

At a Council held at Philadelphia, June 3d, 1746.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Thomas Laurence, Robert Strethil, ~\

Abraham Taylor, Benjamin Shoemaker, > Esqrs.

James Hamilton, )

The Minutes of the preceding Council were read and approved.

The Governor inform'd the Board that on the 19th of May two
Members of Assembly had waited on him to inform him the House
was met according to their Adjournment, and that he had sent a
Message to the House the next Day and received an Answer from
them, which, together with the Letter & the several Papers therein
referr'd to, were read, and the Messages were ordered to be enter'd.

36 MINUTES OF THE

A Message from the Governor to the Assembly,

" Gentlemen :

" You will see by the Letter and other Papers received from Gov-
ernor Clinton since your last Meeting, that I am again desired to
appoint Commissioners in order to concert Measures with those
already appointed by him and by Governor Shirley for the Security
and Defence of His Majestie's Colonies during the present War, and
that the positive Refusal of the Six Nations to join in the War
against the French and the Indians in Alliance with them is urged
to shew the immediate Necessity of such an Appointment.

" My Answer to this Letter was in substance, that I had laid his
former Letter on this Subject before you, as I should this at your
next Meeting, and I repeated that you had expressed a readiness to
enter into any reasonable Measures for His Majestie's Service and
the Welfare of the Colonies, but that you had thought it would be
time enough to appoint Commissioners for this when you should be
made acquainted with the Resolutions of the Neighbouring Gov-
ernments. I observed, likewise, that those of Virginia, Maryland,
& Connecticut, were still unknown to us.

"As my Sentiments on this matter have been fully delivered to
you already, I shall only add, that notwithstanding the seeming
Resolution of the Council of the Six Nations to preserve a Neu-
trality, it is much to be apprehended that their young Men who are
fond of Military Achievements will join the French Indians in their
barbarous Incursions upon the British Colonies, and that the old
Men not having Power to restrain will be obliged to wink at them,
and perhaps in the end break out into an open Revolt. How fatal
such a procedure will be to this and the British Colonies in general
you will judge, and I trust that you will not be so wanting to your-
selves as not to take the most reasonable Measures to prevent it.

"GEO. THOMAS.
" May 20th, 1746."

A Message from the Assembly to the Governor.

" May it please the Governor :

" We look upon it as a Matter of great Importance to this and
the neighbouring Governments that the most effectual Measures
be taken, as often as it becomes necessary, to secure the Six United
Nations, and the Indians in Alliance with them, in their Fidelity
to the Crown of Great Britain, and to cultivate and maintain that
Friendship and good Understanding which hath so long subsisted
between us and them. To this end, as the Governor well knows,
this Province hath at many times been at great Expence as well in
Presents made to those Indians as for carrying on of Treaties with
them, sometimes in conjunction with other Colonies, sometimes

PROVINCIAL COUNCIL. 37

seperately. At all which Treaties, and particularly those lately
held, the Indians have constantly declared themselves steady, un-
alterable, and determined to continue their antient Amity with this
and the neighbouring Governments ; and therefore we hope, that
tho' they may have refused to join in the present War against the
French and their Indians, they will remain firm in their Friend-
ship to us and other the British Colonies. However, as the Gov-
ernor and the Governor of New York seem to apprehend the
Danger of their Revolt, and the Necessity of appointing of Com-
missioners from the several Governments, we continue our former
Resolutions that if such Commissioners shall be thought necessary,
either for securing the Indians in the British Interest or for any
other purposes which shall appear to us to be for the general Good,
we shall chearfully concur in it. But since, as the Governor is
pleased to observe in His Message, the Sentiments of most of the
other Colonies are unknown to us, and it is uncertain whether they
will accede to such Appointments or not, And as it does not ap-
pear to us that a Meeting of Commissioners for New York, the
Massachusetts, and Pennsylvania only, would be of any great Ser-
vice, therefore, as formerly, we think it best to postpone our par-
ticular Resolutions in the Affair until the Determination of the
other Colonies are made known to us.

" Sign'd by Order of the House.
, " "JOHN KINSEY, Speaker.

"3dMon. 21st, 1746."

MEMORANDUM.

Two Members of the Assembly waited on the Governor to in-
form him that the House was inclined to Adjourn to the Eighteenth
Day of August if he had no objection to that time. The Governor
said he had no Objection.

The Governor having received by Express from Boston a Letter
from the Duke of Newcastle, Dated at Whitehall, 9th April, 1746,
relating to an intended Expedition against Canada, the same was
read, and ordered to be entered at length.

" Whitehall, April 9th, 1746.
"Sir:

"I am commanded to acquaint You that 'His Majesty has been
pleased to order Five Battalions of His Troops, under the command
of Lieutenant General St. Clair, to go from hence as soon as pos-
sible, with a sufficient Convoy of Men of War, to Louisbourgh, in
order to be employed together with the Regiments of Major General
Frampton, which has been some time ordered to embark for Louis-
bourgh, and with the other two Regiments sent thither from Gib-
ralter, and also with such Troops as shall be levied for that pur-
pose in North America, for the immediate Reduction of Canada.

38 MINUTES OF THE

And I am commanded by His Majesty to signify his Pleasure to
You (as I do to the other Governors of the said Colonies) that you
should forthwith make the necessary Dispositions for raising as
many Men as the shortness of the time will permit within your
Government, to be employed in Concert with His Majesty's regular
Forces on this important Service. It is hoped that Lieutenant
General St. Clair will be able to sail from hence, with the Troops
under his Command, the Latter end of April or the Beginning of
May.

"It is the King's Intention that the Troops to be raised should
consist of Companies of One hundred Men each ; and that those
that shall be raised in the several Provinces of New York, New
Jersey, Pennsylvania, Maryland, & Virginia, should be formed into
one Corps, to be commanded by Mr. Gooeh, Lieutenant Governor
of Virginia (whom the King has been pleased, on this occasion, to
promote to the Rank of a Brigadier General), and that they should
rendezvous at Albany within the Province of New York, or at such
other Place as Mr. Gooch shall think proper to appoint, in order to
proceed from thence by Land into the Southern Parts of Canada.

" The Troops to be raised in the Province of Massachusetts Bayr
New Hampshire, Rhode Island, and Connecticut, are to rendezvous
at Louisbourg, and to proceed with the forces sent from hence, under
Convoy of His Majestie's Fleet, up the River of St. Lawrence to
Quebec.

" In consequence of these Dispositions, His Majesty has order'd
me to recommend it to you in the strongest manner to proceed im-
mediately to raise as large a Body of Men as the shortness of the
time will permit within your Government, and you will appoint such
Officers as you shall think proper to command them; for which pur-
pose a number of Blank Commissions will be sent you by the next
Conveyance. And you will transmit to Mr. Gooch a particular ac-
count of what you shall be able to do herein; and you will follow
such directions as you shall receive from Mr. Qooch, with regard to
the Place of Rendezvous and every thing relating to the proceedings
of the said Troops.

" You will assure all those that shall engage in this Service, as
well Officers as Soldiers, that they will immediately enter into His
Majesty's pay — the Officers from the time they shall engage in His
Majesty's Service, and the Soldiers from the respective Days on
which they shall enlist; and that they shall come in for a share of
any Booty to be taken from the Enemy, and be sent back to their
respective Habitations when this Service is over, unless any of them
shall desire to settle Elsewhere.

" As to the Article of Arms and Cloathing for the Men to be raised,
His Majesty has commanded me to recommend it to You and the
other Governors to take care that the Soldiers may be provided with
them; And His Majesty has authorized aud empowered Lieutenant

PROVINCIAL COUNCIL. 39

General St. Clair to make a reasonable allowance for defraying that
Expence.

" You will recommend it to the Council and Assembly of Penn-
sylvania to provide a sufficient quantity of Provisions for the sub-
sistence of the Troops.

" I am ordered by His Majesty to recommend it to You to make
strictest Enquiry for any Persons that may be acquainted with the
Navigation of the River St. Lawrence ; And if You can find any
such, You will engage them at any rate to serve as Pilots on board
His Majestic' s Fleet, and you will send them as soon as possible to
Louisbourg for that Purpose.

" I am, Sir, Your most obedient, humble Servant,

"HOLLES NEWCASTLE."

It was the unanimous opinion of the Board that Writs shou'd
Issue to Summon the Assembly to meet on the 9th Instant, & that
in the mean time a proper Proclamation shou'd be prepared to be
published on that Day.

At a Council held at Philadelphia, 9 th June, 1746.
present :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Captain Palmer, Thomas Laurence, ")

Samuel Hasell, Abraham Taylor, > Esqrs.

Robert Strethil, Benjamin Shoemaker, )

The Minutes of the preceeding Council were read and approved.

The Governor laid before the Board the Draught of a Proclama-
tion, which was approved, and the Secretary was directed to get it
immediately engross'd in order to be publish'd this Evening at Six
o'Clock at the Court House.

" By the Honourable GEORGE THOMAS, Esqr- Lieutenant Gov-
ernor and Commander-in-Chief of the Province of Pennsylvania,
and Counties of Newcastle, Kent, and Sussex, on Delaware.

"A PROCLAMATION.
"His Grace the Duke of Newcastle, one of His Majestie's prin-
cipal Secretaries of State, having by His Letter of the 9th of April
last signified unto me, as well as to the other Governors of the
Northern Colonies, That His Majesty has been pleased to order a
considerable Body of His Troops from England under the Com-
mand of Lieutenant General St. Clair, with a sufficient Convoy of
Men of War to Louisburg, for the immediate Reduction of Canada,
and that I should forthwith make the necessary Dispositions for

40 MINUTES OF THE

raising as many Men as the shortness of the time will permit within
my Government to be employ'd in concert with His Majesty's regu-
lar Forces on this Important Service.

" That it is the King's Intention the Troops to be raised should
consist of Companies of One hundred Men each ; and that those
that shall be raised in the several Provinces of New York, New
Jersey, Pennsylvania, Maryland, and Virginia, be formed into one
Corps to be commanded by Mr. Gooch, Lieutenant Governor of Vir-
ginia (whom the King has been pleased on this occasion to pro-
mote to the Rank of Brigadier General), and they should rendez-
vous at Albany, within the Province of New York, or at such other
Place as Mr. Gooch shall think proper to appoint, in order to pro-
ceed from thence by Land into the Southren Parts of Canada;
whilst those to be raised in the Provinces of Massachusetts Bay,
New Hampshire, Rhode Island, and Connecticut, are to Rendez-
vous at Louisburg, and to proceed with the Forces sent from Eng-
land under Convoy of His Majesty's Fleet up the River St. Lawrence
to Quebec.

"That in consequence of these Dispositions, His Majesty has been
pleased to authorize me to appoint such Officers as I shall thing fit
to Command the Troops to be raised within this Government, for
which purpose a number of Blank Commissions will be sent me.
And I am commanded to assure all such as shall engage in this Ser-
vice, as well Officers as Soldiers, that they will immediately enter
into his Majestie's pay — The Officers from the time they shall engage
in His Majestie's Service, and the Soldiers from the respective Days
on which they shall enlist. And they shall come in for a share of any
Booty to be taken from the Enemy, and be sent back to their re-
spective Habitations when this Service shall be over, unless any of
them shall desire to settle Elsewhere ; which unquestionable they
will be encourag'd to do by Grants of the Conquor'd Lands in pre-
ference to all other persons.

" That as to the Article of Arms and Clothing for the Men to be
raised, His Majesty has commanded me to take care That the Sol-
diers may be provided with them, and has empowered Lieutenant
General St. Clair to make a reasonable allowance for defraying that
Expence.

" And that if any Persons can be found who are acquainted with
the Navigation of the River St. Lawrence, I do engage them by suit-
able Rewards to serve on board His Majestie's Fleet, and send them
as soon as possible to Louisbourgh for that purpose.

" Now that these His Majestie's Gracious Intentions may be made
publick, I do, with the advice of the Council, Issue this Proclama-
tion, Inviting His Majestie's Subjects within this Government to
exert themselves as becomes a Dutiful & Grateful people to the best
of Kings, upon an occasion the most interesting to them as well as
to all the rest of the British Colonies in North America; An occa-

PROVINCIAL COUNCIL. 41

sion in which the Quiet and Happiness of them and their Posterity
are so immediately concerned that it would be an affront to their
understandings to make use of Arguments to prove it. An occasion
that has been so long and earnestly wish't for, that it would not be
unreasonable to expect the whole Body of the People should rise
up as one Man to secure, under the Blessing of God, the Success of
the Undertaking, and it may justly be hoped as his Majesty has
been forced into the War for the Defence of his Crown and the
Civil and Religious Rights of his People, that the Almighty will
grant a Blessing to his Arms. His Majestie's Subjects in Europe
have given proofs of their Loyalty & Affection to his Person and
Government beyond the Examples of former Ages to the best of
their Kings. An Opportunity is now offer'd to those in North
America to shew that a Change of Climate has made no Change in
their's. I, for my part, am determin'd to Act with the Duty and
Zeal becoming a faithful Servant to a most Gracious Master, and
with a Vigour becoming the Trust deposited with me for the In-
terest & Security of the People under my Government.

" Given under my Hand and the Great Seal of the Province of
Pennsylvania, at Philadelphia, this ninth Day of June, in the
Nineteenth Year of the Reign of our Sovereign Lord, George the
Second, King of Great Britain, France, and Ireland, &**•' and in
the Year of Our Lord One thousand seven hundred and forty-six.

"GEORGE THOMAS.
"GOD SAVE THE KING.
" By His Honours Command.

"Richard Peters, Secretary."

The Governor likewise laid beford the Board a Draught of a
Message to the Assembly, which was approved, and is as follows :

A Message from the Governor to the Assembly.

" Gentlemen :

" My calling you together so suddenly was occasion' d by a Letter
I have received from His Grace the Duke of Newcastle, by the
Hinchinbrook Sloop of War arrived Express at Boston, signifying
to me That His Majesty has been pleased to order a considerable
Body of his Troops from England, under convoy of a sufficient
Squadron of Men of War to Louisbourgh, to be employ'd in the
immediate Reduction of Canada, with Troops to be raised in the
Northern Colonies.

" You will observe from his Grace's Letter which I have order'd
to be laid before You, that I am directed to recommend to You the
providing a sufficient quantity of Provisions for the subsistence of
the Troops which shall be raised here.

" As it is recommended to me likewise to take care that the Sol-

42 MINUTES OF THE

diers may be provided with Arms and Cloathing, I must apply to
You for an Advance of so much of the Publick Money as may be
necessary for these purposes, which Expence Lieutenant General
St. Clair is authorized and empowered to defray.

u The shortness of the Time requiring the utmost Dispatch, a
Bounty for the Encouragement of able-bodied Men to engage in this
Service will very much expedite the Levies.

" Until I see what number of Men can be raised it is not pos-
sible for me to make an Estimate of the Sum necessary for this
Service; but if I maybe allow'd to form a Judgment from the Im-
portance of the undertaking to this and the rest of the Northern
Colonies, the number will be very considerable ; for Success in it
will not only deliver them from their present apprehensions of a
vigilant and enterprizing Enemy, but in all humane probability en-
sure quiet and Security to them and their Posterity — and this
shews what Returns of Duty & Gratitude are due to a King who
has meditated such Blessings to his North American Subjects.

"GEO. THOMAS.
"June 10th7 1746."

The Governor likewise laid before the Board a Letter from Gov-
ernor Clinton, informing him that he had laid an Embargo on all
Provisions for four Months, & desiring the same might be done in
this Government, which was propos'd to the Council, and they were
unanimously of Opinion that it was not necessary to lay an Em-
bargo on any Provisions here, as there was a vast Quantity of all
sorts in the Country, and as such Embargo might disappoint his
Majestie's Ships of the Supplies contracted to be deliver' d them
from this port, besides that such a stop must at this time be pecu-
liarly prejudicial to all the Islands.

MEMORANDUM.

Two Members of Assembly waited on the Governor & acquainted
him that the House was met pursuant to his Summons & ready to
receive what he might have to lay before them, & desir'd a Copy of
the Writts by virtue of which the House was Summon'd. The
Governor, in Answer, told them he wou'd send a Message to the
House with the Writts to-morrow morning.

PROVINCIAL COUNCIL. 43

At a Council held at Philadelphia, 23d June, 1746.

present :

The Honobl. GEORGE THOMAS, Esqr., Lieutenant Governor.

Thomas Laurence, Samuel Hassel, "|

William Till, Abraham Taylor, I Es r

Robert Strettel, Benjamin Shoemaker, j ^
James Hamilton, J

The Minutes of the preceeding Council were read and approv'd.

The Governor informed the Board that sundry Messages had
passs'd between him & the Assembly on the Subject of his last
Message, & that having received Letters from the Governors of
New England & New York, pressing him to appoint Commissioners
for securing the Indians of the Six Nations in their fidelity to his
Majesty, he had likewise sent a Message to the House on this
Subject, all which were read and are as follows, viz :

A Message from the Assembly to the Governor.

"May it please the Governor:

" We are deeply sensible of the many and great Blessings we
enjoy under the Crown and present Government, and in Duty and
Gratitude hold ourselves obliged to yeild chearful obedience to the
King's Commands so far as our Religious Persuasions permit ; Yet
as the Governor well knows, many of us labour under great Diffi-
culties when called upon to be concern'd in Warlike Enterprises,
such as appear to us inconsistent with the Peaceable Principles we
profess. The only expedient hitherto found to remove these diffi-
culties hath been to demonstrate our Loyalty and hearty Affection
to the Crown by giving a Sum of Money to the King's Use. This
we are now willing to do, but upon Enquiry are informed that neither
the Treasury or Loan-Office are furnish'd with such a Quantity be-
yond what other Exigencies of Government will require as we are
willing to give, Nor do we see any other way by which such a Sum
can be speedily raised unless it can be by striking a further Quantity
of Paper Money ; And this we hope the Governor will be of Opinion
with us may be done, as that the Sum given may be repaid by the
Interest to arise by the residue placed out in like manner, as are
the Bills of Credit current by the Act sometime since past in this
Province, & which, having had the Royal Approbation, will, we
presume, be liable to few if any Exceptions, and the Money thus
raised least Inconvenient to the Inhabitants of the Province.
" Signed by Order of the House,

" JOHN KINSEY, Speaker.

"4th Mon. 12th, 1746."

44 MINUTES OF THE

A Message from the Governor to the Assembly.

11 Gentlemen :

" I am very much pleased with your Intention to grant a Sum of
Money to His Majesty upon this Important Occasion, and I wish it
was as much in my Power as it is in my Inclination to agree with
you in the Method proposed for raising it; but you must be sensi-
ble, from the Royal Instruction communicated to a former Assem-
bly, and I suppose enter'd in the Minutes, that I am forbid, under
pain of His Majestie's highest displeasure, from passing any Act
for striking Bills of Credit, without a Clause restrain'g its operation
until the King's pleasure shall be known. Besides, an addition to
your Bills of Credit at this time, I apprehend, would very much
lessen the value of those already Current, as Exchange to London
is already higher than has ever been known in this Province. I
grant, where I at liberty to pass such a Bill as you expect, it might
be a present Convenience, but the future Inconveniences would
abundantly outweigh it. The Legislature of this Province has hith-
erto maintain'd its Reputation this Point, whilst others are sinking
under the Load of their numerous Emissions. You may unques-
tionably procure any Sum upon Loan which you shall be willing to
grant to His Majesty, upon Security to repay it out of the Excise
or the Interest of the Bills of Credit already issued.

"Whatever you do, Gentleman, let it be done with Dispatch, for
the time presses, and your Example will have a considerable influ-
ence upon the Spirits of the People.

"GEO. THOMAS.

"June 13th, 1746."

A Message from the Assembly to the Governor.

" May it please the Governor :

" It is very agreeable to us to find our Intentions of giving Money
to the King approved of by the Governor; And we are equally
pleased with the kind Inclinations he is pleased to express towards
raising the Money in the Method we propose ; And we are willing
to hope that the Governor, on reconsidering the Royal Instruction
he is pleased to mention, may think himself at Liberty to give his
Assent to a Bill for striking a further sum of Money in Bills of
Credit when any extraordinary Emergency requires it.

" It must be confess' d Exchange hath of late risen amongst us, &
is at present high ; but we think it clear this rise is not owing to
the quantity of our Paper Money but the Exigences of Trade,
since for some time after the Emission by the last Eighty Thousand
Pound Act, which is the greatest Sum in Bills of Credit that were
ever Current at one time amongst us, Exchange was lower than at
any time before. As, therefore, the Sum proposed to be Emitted

PKOVINCIAL COUNCIL. 45

is not so great as can either affect the Credit of former Bills or raise
Exchange, will not only be a present Convenience, but of future
Benefit to the Province, we hope the Governor will think it consist-
ent with the Trust reposed in him to assent to the Method pro-
posed, especially as the Sums of Money which have lately been
given to the King's use, & the contingent Charges of Government,
have amounted so high as neither the Money raised by the Excise
Act nor the Interest of Bills of Credit paid into the Loan Office
have been sufficient to defray, nor does any Method appear to us by
which the Money now intended to be given to the King's Use can
be raised but what will be more chargeable as well as Inconvenient.
"Sign'd by Order of the House.

"JOHN KINSEY, Speaker.
"4th Mon. 14th, 1746."

A Message from the Governor to the Assembly.

" Gentlemen :

" I really do not want Inclination to oblige you in every thing
you can reasonably desire, and therefore the Mortification to me is
greater to be pressed down upon a Point which I am not at liberty to
Comply with. The King's Instruction, founded upon the Addresses
of the Houses of Lords k Commons, is so positive that I cannot
bring myself to such a pitch of Boldness as to contravene it. Argu-
ments are not wanting to shew the Mischiefs like to accrue from an
Addition to your Paper Currency, but I would give up my own
Reason to You upon this pressing occasion, were that only in the
way. Upon a due Consideration of my being thus circumstanced,,
I promise myself that you will proceed to some less exceptionable
Method of raising the Sum designed to be granted for the King's
Use.

" GEO. THOMAS.

"June 14th, 1746."

A Message from the Governor to the Assembly,

" Gentlemen ;

"As the Necessity of securing the Indians of the Six Nations m
their Fidelity to His Majesty becomes every Day more pressing and
apparent, and I am again sollicited by the Governors of New Eng-
land and New York, whose Letters I have ordered to be laid before
you, to appoint Commissioners for that purpose, I must renew my
Application to you to enable me to co-operate with the four Northern
Governments at the Treaty to be held with those Nations on the
Twentieth of the next month, at Albany, And since this is a mea-
sure immediately recommended by his Majesty to the Governor of
New York, to facilitate the Reduction of Canada, it is not to be
doubted but the two Southern Governments will readily accede
to it,

46 MINUTES OF THE

" Since I heard of the Resolve of your House to grant Five thou-
sand pounds for the King's Use, we have been informed from the
Public News Papers of the Bounty given in some other Colonies to
encourage able body'd Men to engage in the Service. As the like
Bounty will be expected here, the Sum voted will not be sufficient
to raise and victual above three Companies, which will fall very
short of the general Expectation from a Colony of so much Importance.
Let me, therefore, recommend such an addition as may very well
comport with the Circumstances of the Province, and be a proof of
your at least equalling your Neighbours in Duty to his Majesty and
Zeal for the common Interest.

"GEO. THOMAS.

"June 19th, 1746."

A Message from the Assembly to the Governor.

" May it please the Governor :

"The funds by which this Government is supported, and the Con-
tingent Charges defrayed, are the Interest which arises from the
Bills of Credit lent out and the Money paid into the Treasury by
the Excise Act ; both these the last Year proved deficient, so that
the Bal lance against the Province exclusive of Outstandings was
upwards of Two Thousand Pounds, besides the like Sum due from
the Province on Account of the State House. And as the Gov-
ernor seems to be under Difficulties with Respect to further Emis-
sions of Bills of Credit, and as an additional Tax would we conceive
be attended with many Inconveniences, we therefore resolved on the
Payment of Five thousand Pounds only to the King's Use. If the
Sum to be given must arise from the present Funds we do not think
it will be fit to add much, if any Thing, to the Sum resolved on.
But if the Governor can think himself at Liberty to add a fitting
quantity in Bills of Credit to be emitted amongst us as usual, in
like manner as we are informed & believe our Neighbours must do,
we think it will redound greatly to the Advantage of the Province,
be attended with no Inconveniences, and will enable us on the pre-
sent & future occasions to give the proof the Governor is pleased to
mention of having at least equal ' Duty to His Majesty/ tho' we
may have different Modes of expressing it from our Neighbours.
We wait the Governor's Result on this head before we proceed on
the Bill before us, and in the mean time shall take into Considera-
tion the residue of his last Message.

" Signed by Order of the House.

"JOHN KINSEY, Speaker.

" 4th Mon. 20th, 1746."

A Message from the Governor to the Assembly.
" Gentlemen :
" If I cou'd think myself at Liberty to consent to an Act for

PROVINCIAL COUNCIL. 47

Striking Bills of Credit in the manner you propose, the occasion as
well as my Inclination to render a Grant to His Majesty as little
burthensome as possible to the people, wou'd soon determine me in
favour of it, tho' I cannot but think the present Convenience wou'd
be bought too dear, for it is plain to me that an addition to your
Currency to be lent out for a Term of Years upon Interest, would
lessen the value of the Bills already issued, & consequently affect
all Contracts now subsisting, as any the most self Evident proposi-
tion. I have not been well informed of what is done or intended
to be done in other Colonies as to this point, neither wou'd it be-
come me to Censure the Conduct of their Governors should they
act a part different from me. The Circumstances of these Colonies
and their Method of sinking their Bills of Credit may be different
from this. If I am rightly inform'd it has been done at New York
by Taxes, and that in Jersey so great a part of their Currency has
been sunk that a new Emission would be no advance upon what has
been usually Current there; whereas your's is entire, & to be re-
emitted upon Loan for several Years to come. If you will agree to
sink any addition you shall make to the Five Thousand Pound
already voted, by a Tax to be levied in any reasonable time, I will
give my Assent to an Act for striking Bills of Credit for that Sum,
and surely a People who have not paid a Provincial Tax for above
Twenty Years past cannot be uneasy under it in a Case which so
immediately concerns their own Happiness and that of their Pos-
terity. Should you resolve notwithstanding to confine yourselves
to Five Thousand Pounds, which, as I before told You, will not raise
& victual above Three Companies, even supposing the Men are to
subsist upon the King's Pay during their stay in this Province, I
must be obliged to call upon you for an advance of so much Money
as will be necessary to Cloath & Arm them in Case General St. Clair
should not arrive in time to furnish me with Bills for that purpose.
My own stock has been already advanced for the King's Service in
Purchasing Cloathing for the Troops in Garrison at Cape Breton,
and for raising the Regiment under the Command of Governor Shir-
ley. Considering how the time presses, abundantly too much of it
has been already spent. I beseech you, therefore, to give all the
Dispatch possible to this Important Business, that I may be enabled
so far to answer the King's Expectation as relates to myself.

"GEO. THOMAS.
"June 26th, 1746."

The Governor further informed the Board that he had, in Conse-
quence of these several Messages, receiv'd from the House a Bill
Entitled "an Act for Granting Five thousand Pounds to the King's
Use out of the Bills of Credit now remaining in the hands of the
General Loan Office, for exchanging torn & ragged Bills, & for
striking the like Sum to replace in their hands," which was read,
& some Amendments being propos'd, the Secretary was order'd

48 MINUTES OF THE

to transcribe them fair & deliver them with the Bill in the After-
noon.

At a Council held at Philada., 24th of June, 1746.

PRESENT I

The Honble. GEORGE THOMAS, Esqr.; Lieutenant Governor.

Thomas Laurence, Samuel Hassell, ) -p,

Abraham Taylor, Robert Strethil, j ^

The Minutes of the preceeding Council were read and approved.

, Two Members of Assembly having deliver'd a Bill from the

House Entitled "A Supplement to the Act Entitled 'an Act for

Imposing a Duty on Persons convicted of Henious Crimes, &"•"

the same was read and approved.

MEMORANDUM.

Two Members of Assembly waited on the Governor this Morning
with the Bill for Granting Five Thousands Pounds &"*•• & desir'd his
concurrence thereto j & withal acquainted him that it was engross'd
with his first Amendment j and desir'd him to appoint some Mem-
ber of Council to join with a Committee of the House in comparing
it with the Original. The Governor was pleas' d to say he wou'd
send his Secretary to some of the Members of Council to be at the
State House at Three 0' Clock in the Afternoon, to join with the
Members at the House in comparing the Five thousand Pound Bill,
& hop'd that by Five 0' Clock he shou'd be ready to pass it,
together with the Bill for appointing Joseph Prichard the Officer
for executing the Act for imposing a Duty on Persons convicted of
henious Crimes ; and accordingly Mr. Strethill & the Secretary
examin'd the Bills and found them to agree with the Copies laid be-
fore the Governor.

Two Members of Assembly deliver'd to the Governor in Council
the following Message :

A Message from the Assembly to the Governor.

" May it please the Governor :

" Since our last Message we have taken into our Consideration
that part of the Governor's which relates to the Indians of the Six
Nations ; and also the Letters which the Governor was pleased to
direct to be laid before us. And by what we gather from thence
the Treaty proposed to be held at Albany on the Twentieth of next
Month, in pursuance of some Instructions the Governor of New
York hath received from the Crown which concerns himself only,
and not the Governor of any other of the Colonies.

u It is not improbable that the purport of these Instructions is
to engage the Indians of the Six Nations in the War against the

PROVINCIAL COUNCIL. 49

jEYench, and to join in the Expedition against Canada. If so, our
uniting with the other Governments in the Congress proposed will
be of little use, since it cannot be doubted but that provision is
made to defray the Expence which shall arise thereby ; and that
these Indians will pay greater Regard to the directions of the Crown
than to the joint Request of all the Colonies. Besides, the Gov-
ernor must be sensible that Men of our peaceable Principles cannot
consistently therewith join in persuading the Indians to engage in
the War. If it be thought there be any real Danger of the Indians
deserting the British Interest & going over to the French, and that
to preserve them steady in their Friendship further Presents are
necessary to secure them in their Fidelity to the Crown of Great
Britain, and Amity with the Inhabitants of this and the neighbor-
ing Colonies, and the Governor can think his Health and Business
will permit his negotiating this Affair in person, we shall be willing
to pay the Expence to arise by it.

"JOHN KINSEY, Speaker.
"4th Mon. 24th, 1746."

And at the same time told his Honour the House desir'd to
know when they, with their Speaker, might wait on him in order
to pass the Bills, & his Honour saying immediately, the Speaker at
the head of the House presented the Bill entitled "An Act for
granting Five Thousand Pounds to the King's Use out of the Bills
of Credit now remaining in the hands of the Trustees of the Gene-
ral Loan Office for exchanging torn & ragged Bills, & for striking
the like Sum to replace in their Hands," And likewise the other
Bill Entitled " A Supplement to the Act entitled an l Act for imposing
a Duty on Persons convicted of Heinous Crimes, &ca-'' " & pray'd the
Governor's assent to them, and accordingly his Honour Enacted
them into Laws; then the Speaker Inform'd him that the House
was inclin'd to adjourn to the 18th of August, being the same Day
to which they had before adjourned. The Governor said he had no
objection.

Mr. Laurence was desir'd to go along with a Committee of As-
sembly to see the Seals affix' d to the Acts.

At a Council held at Philadelphia 14th July, 1746.

present :
The Honoble. GEORGE THOMAS, Esqr- Lieutenant Governor.
Thomas Laurence, Samuel Hassell, ~\

Abraham /Taylor, Robert Strethil, I Esqrs.

James Hamilton, Benjamin Shoemaker, J

The Minutes of the preceeding Council were read and approv'd.
The Governor laid before the Board the Draught of a Proclama-
VOL. v. — 4.

50 MINUTES OF THE

tion appointing a Day of General Thanksgiving for the Success of
His Majestic' s Arms under the Command of His Royal Highness,
the Duke of Cumberland, over the Rebels in Scotland, which was
approv'd, and is as follows : |

"By the Honourable GEORGE THOMAS, Esqr., Lieutenant
Governor and Commander-in-Chief of the Province of Pennsylva-
nia, and Counties of New Castle, Kent, and Sussex, on Delaware.

"A PROCLAMATION.

" Whereas it hath pleased Almighty God, for the Punishment
of our Sins & for awakening Us to a juster Sense of His peculiar
& distinguishing Blessings to the British Nation above all the Na-
tions upon Earth, to permit an unnatural and Bloody Rebellion
to be begun & carried on in Scotland by the Son of a Popish
Pretender, encouraged and supported by our antient and inveterate
Enemies the French & Spaniards, and by that Monster of Iniquity
the Court of Rome. And Whereas God of His Great Mercy after
a Chastisement far short of our Deserts, hath at length been pleased
to give a blessing to the Forces of our Rightful and Lawful Sov-
reign King George, under the Command of His Royal Highness the
Duke of Cumberland, by a compleat Victory over his ungrateful and
rebellious Subjects, and thereby to preserve to the British Nation their
Civil and Religious Rights, with their independancy of any foreign
Power, I do with the advice of the Council hereby Order That
Thursday, the Twenty-Fourth Day of this instant July, be observed
throughout the Province and Counties under my Government, as a
Day of Public Thanksgiving to Almighty God for this and all other
His great Mercies, And that the several Ministers of the Gospel do
compose Prayers and Sermons suitable to the Occasion, & perform
Divine Service on that day in their respective Churches or Houses
of Religious Worship.

u And that the said Day may be observed with a Solemnity be-
coming our Christain Profession, and not as has been too often the
practice with Drunkenness and other kinds of Licentiousness, to
the dishonor of God & to the Reproach of the Christian Name, I
do hereby order that the Majestrates and other Officers of Justice
be especially careful to prevent all Immoralities or riotous disorders
whatsoever. And further I do recommend to the People of the
several Religious perswasions within the Province and Counties
aforesaid, that they do abstain from all servile Labour on that Day.

" Given under my Hand & the Great Seal of the Province of Penn-
sylvania, at Philadelphia, this Fourteenth day of July, in the
Twentieth Year of the Reign of our Sovereign Lord, George
the Second, King of Great Britain, France, & Ireland, &c, and
in the Year of our Lord one thousand seven hundred & forty-six.

" GEO. THOMAS.
" GOD SAVE THE KING."

PROVINCIAL COUNCIL. 51

At a Council held at Philadelphia the 4th of August, 1746.

present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Samuel Hassell, Abraham Taylor, V L

Hobert Strethil, James Hamilton, j ^

The Minutes of the proceeding Council were read and approved.

The Governor propos'd to the Council to send a congratulatory
Address to the King on the Defeat of the Rebels in Scotland, &
they being unanimously of Opinion that it would be highly proper,
His Honour, having prepar'd the draught of an Address, the same
was read an$ approv'd & order' d to be engross' d in order to send by
Captain Budden, who was to Sail the Next Day, and a Duplicate to
go by Capta- Arthur, via Maryland.

" To the King's most Excellent Majesty.

u The Humble Address of the Lieutenant Governor and Council of
the Province of Pennsylvania.

" Most Gracious Sovereign :

"We, your Majesty's Dutiful & Loyal Subjects, the Lieutenant
Governor and Council of the Province of Pennsylvania, being truly
sensible of the Blessings we enjoy under your Majestie's mild &
Gracious Government, humbly beg leave, with Hearts full of Joy &
Gratitude, to present our most sincere Congratulations on the
Success of your Majesty's Arms under His Royal Highness the
Duke, in defeating the Rebels in Scotland, and thereby extin-
guishing the hopes of a Popish Pretender and his detestable Con-
federates.

" If Mercy, Justice, & the strictest Regard & attention to the
Liberties and Interests of your Subjects could have secured to Your
Majesty a Reign of Peace, Your Annals would not have been Clouded
by a black & most unnatural Rebellion ; but it is no new thing for
Arbitrary Princes to contrive & promote Schemes for the subversion
of a Government which is a standing Reproach upon their own, or
for wicked Subjects to hate virtues in a King which are Restraints
upon their base & Savage Natures.

" May the Almighty preserve Your Majestie's precious Life for
the general Good of Mankind, direct your Councils, and confound
the Devices of your enemies, and may there never be wanting One
of Your Royal Blood, form'd upon Your Majestie's Example, to
Sway the British Scepter, or one to command the British Armies7.

52 MINUTES OF THE

in Valour & Conduct equal to the Glorious Instrument of the late
signal Victory.

" GEO. THOMAS7 Govr-
"Philadelphia 4th August, 1746."

The above Address being Transcrib'd fair, was signed by the
Governor & Council in the order as they here stand :

" GEO. THOMAS, Govr-
"ANTHONY PALMER,
"THOMAS LAWRENCE,
" SAMUEL HASSEL,
"WILLIAM TILL,
"ABRAHAM TAYLOR,
^ROBERT STRETHIL,
"JAMES HAMILTON,
"BENJAMIN SHOEMAKER."

18th August, 1746.
MEMORANDUM.

Two Members of Assembly waited on the Governor to acquaint
him that the House was met according to their adjournment, &
ready to receive any thing he might have to lay before them ; the
Governor said he had nothing to lay before them at present.

At a Council held at Philacladelphia, 22d August, 1746.
pee sent:

The Honoble/GEORGE THOMAS, Esqr., Lieutenant Governor.
Abraham Taylor, Robert Strethill, ) -p,

Benjamin Shoemaker, j *""

The Minutes of the preeeeding Council were read and approv'd.

The Governor laid before the Board the Draught of a Message to
the Assembly, which was read & approved, & is as follows, viz1" :

A Message from the Governor to the Assembly.
" Gentlemen :

" The Money granted at your last Meeting for the King's Use
has & will be applied by me agreable to His Majesty's Intentions
& the Directions of General Gooch, in raising four Companies of
Men for an Expedition against Canada, and in providing Tents,
Provisions, & other Necessaries for them, as you will see by a
Sketch of the Accounts which I have ordered to be laid before

PROVINCIAL COUNCIL. 53

You. After the Bounty, Freight of the Provisions, Carriages for
the Soldiers, Baggage, and the Expence of their Transportation
from Brunswick to Albany are discharged, the Account shall
be closed & submitted, with Vouchers for every Article, to the
Examination of your House.

" The Cloathing, Arms, and Accoutrements have been procured
upon my own Credit, in expectation of heing speedily enabled to
pay for them by Remittances from Lieutenant General St. Clair ;
but as we have yet no account of his Arrival at Louisbourg, & some
of the Persons who supplied me with them grow Importunate for
their Money, I am obliged to renew my Application to you for a
Loan to His Majesty of so much as will be necessary for this Ser-
vice.

" But the Difficulty I labour under with Regard to the Subsist-
ance of the Men is still greater, as they have received no Pay, and
are run into an arrear to the Publick House Keepers for their
Quarters from the time of their Inlistment • and if they have not
some supply soon it is to be feared they will Mutiny or Desert, so
that the greatest part of what has been granted by the Assembly,
and provided by the King's Orders, will be lost. In some other
Provinces the Soldiers have been allowed Nine Pence ^ Diem, or
their Victuals, besides the Pay they are to receive from the King,
which has preserved the Governors there, and the Officers of those
Troops, from the Embarrasments we find ourselves under here from
the Delay of Greneral St. Clair's arrival. The subsistance of the
Private Men, exclusive of Officers, amounts to One hundred k forty
Pounds per Week, which is too large a Sum to be furnished out of
my own private Stock.

" After this plain state of the Case, I hope I need not be at much
Pains to convince you of the necessity of supplying me with the
Sums requisite, as well for discharging the Arrears due for the sub-
sistence of the Troops as for supporting them until the Fleet shall
arrive or proper Directions be given by the King for paying them.
And I promise myself the more ready complyance from You as it
will not be laying any additional Burthen upon the Province, His
Majesty having engaged both to defray the Expence of Cloathing &
Arms and to allow the Men Pay from the time of their Inlistment.
•And you may assuredly depend that when Remittances shall be
made to me for these purposes, they shall be punctually paid into
such hands as your House shall appoint to receive them.

"The Exactions of the Publick House Keepers for the Soldiers'
Quarters oblige me to recommend the preparing a Bill, either to
impower the Justices to Billet them at such a Price as they shall
think reasonable, or to settle it yourselves in the Bill. Twelve
pence per Day, which is now demanded, is more than is allowed by
the King for a Soldier's subsistence, that being but Six Pence Ster-
ling, and is twice as much as is paid in England, tho' Provisions

54 MINUTES OF THE

are said to be much cheaper here. This I am sensible is a matter
quite new to you j but the Circumstances of the Times will neces-
sarily require many Things which the wisest forecast cannot pro-
vide for.

"GEO. THOMAS.
« August 22d, 1746."

On the 23d August.
MEMORANDUM.

Two Members of Assembly deliver' d the following written Mess-
age to the Governor & at the same time presented him with the
Order of the House for Five hundred Pounds, the Remainder of
His Support for the Current Year, & inform'd him that the House
was inclined to adjourn on the 30th September; to which he made
no objection.

A Message from the Assembly to the Governor.

"May it please the Governor :

" We entertained no doubts but that the Five Thousand Pounds
given for the King's Use the last Session would be applied agreeable
to such Instructions as the Governor should receive to that purpose;
and therefore we neither expected nor desired any account thereof
to be laid before us. Since that Donation the Public Accounts of
the Province have been settled, by which it appears our Treasury is
Low; that there remains a Sum too small to pay to the usual and
necessary Charges of Government; and that the Trustees of the
General Loan Office are near Eight hundred Pounds in advance, So
that we have no Fund from whence we are enabled to lend to the
Crown the Money requested, were we ever so desirous of doing it.
Besides, we observe from the state of the Account the Governor
was pleased to direct to be laid before us, that part of the aforesaid
Five Thousand Pounds as yet remains unexpended; and altho' this
is intended for other uses, we must submit it to the Governor's
Judgment whether that Money may not be applied to the present
Exigences, and a like Sum replaced out of what General Sl Clair is
to pay on his Arrival.

"The Season of the Year is so far advanced, and a new Election
for the Choice of Representatives to serve in Assembly so near, that
we think it too late to enter into the Consideration of a Bill of such
Importance as that for Billeting for Soldiers in any shape must be.

"JOHN KINSEY, Speaker."

i

PROVINCIAL COUNCIL. 55

At a Council held at Philadelphia, Octr- 4th, 1746.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gover-
nor.

Thomas Laurence, William Till, *)

Robert Strethil, Benjamin Shoemaker, > Esqrs.

Abraham Taylor, j

The Minutes of the preceding Council were read and approv'd.

The Governor laid before the Board a Letter from Governor
Shirley, Dated at Boston the 22d of September last, with some
Depositions inclos'd, importing that as a large Fleet of French Men-
of-War had been seen on Cape Sable Shore he desir'd & expected
that this Province wou'd have as good a Force as they can spare,
with a number of Vessels ready to Sail to Rhode Island upon the
first advice of the Approach of the Enemy.

The following Persons being legally chosen & return'd were ap-
pointed Sheriffs & Coroners for the several Counties for the ensuing
Year:

Nicholas Scull, Sheriff, ) * ™.Vj n-, Pn ,
tj t> ^ h t Of Philada. City & County.

Henry Pratt, Coroner, j j j

Benjamin Davis, Sheriff, I rf ^^ Q

Isaac Lea, Coroner, j J

Amos Strickland, Sheriff, } o x> ^ n *.
T i ni L ' y or Bucks County.

John Chapman, Coroner, j J

James Sterrat, Sheriff, ) £ T . n ,

u i , tir 11 n r.ot Lancaster County.

Robert Wallace, Coroner, j J

Gidean Griffith, Sheriff, 1 c XT ,, n

James MeMullin, Coroner, } of ^wcastle Connty.

John Hunter, Sheriff, 1 f tt + n +
George Goforth, Coroner, j ^7

William Shankland, Sheriff, 1 f q P <-

John Molliston, Coroner, j " ?'

14th October, 1746.
MEMORANDUM.

Five Members of Assembly waited on the Governor to acquaint
him the House was met and had proceeded to the Choice of a
Speaker, and desir'd to know when they might present him.

56 MINUTES OF THE

15th October.
A Council was summon'd, but no Members appeared. The whole
House waited on the Governor at the time by him appointed, and
presented their Speaker, John Kinsey, Esqn' who requested the
usual Priviledges, which were granted. The Governor having pre-
pared the following Message, the Secretary was order' d to write it
fair & deliver it to the House in the Morning.

A Message from the Governor to the Assembly.

u G-entlemen :

" Had General St. Clair, with the Troops from England, arrived
in the time we had reason to expect from His Grace the Duke of
Newcastle's Letter, the Money granted by the last Assembly, and
applied by me to the Service directed by His Majesty, would have
been more than sufficient for the number of Men raised here, but as
they received no subsistence from the King, I have been obliged,
agreeable to the Assembly's Answer to my last Message on this
Subject, first, to furnish each Captain with one hundred and fifty
Pounds towards the discharge of this Company's Quarters, and after-
wards with the like Sum for their subsistence in their March to
Albany, so that I am now £413 11 7 in advance, as will appear by
the Accounts which I have ordered to be laid before You; for every
Article of which I am ready to produce Vouchers to such of the
Members of your House as you shall think fit to appoint for the
Examination of them. I need not be at any pains to convince you
that without this Advance the Troops could not have Marched out
of the Province, & consequently would have been a Burden upon
the Publick, or have subsisted by Plundering the Inhabitants.
You will observe by Governor Gooch's and Governor Shirley's Let-
ters in answer to my Applications to them for the Pay of the Sol-
diers to discharge their Quarters, that as Those raised in the other
Colonies were subsisted by them respectively, I can have no expect-
ation of being re-imbursed by the Crown, nor will be in my power
to make any stoppages out of their pay, since it is now all together
improbable that it will ever come into my Hands, so that my only
resource is to You ; and I assure myself that as I have nothing but
my trouble for my Pains in this Business, and have acted for the
general Ease and Advantage of the Province, you will not allow
me to be a sufferer.

" You will observe likewise from a Letter which I received last
Week from Governor Clinton, that the Troops from hence had
threatned a general Desertion if they were not supply'd with
Blankets as those from the other Governments had been; and that
he had already secured one hundred and fifty for them upon the
Credit of this Government, but could get no more. I wrote to him
in Answer, That the Money granted was all Expended, and as

PROVINCIAL COUNCIL. 57

Blanketts were not allowed by the King as part of a Soldier's
Cloathing, I knew not how to act in it, but would recommend it to
the Consideration of the Assembly. The Season sufficiently speaks
the Necessity of such a Provision, without any Arguments of mine
to perswade You to it.

"GEO. THOMAS.

" October 15th, 1746."

October 17th, 1746.
MEMORANDUM.

Two Members of Assembly waited on the Governor to inform
him that the House inclin'd to adjourn to the 5th Day of January
next, if he had nothing to offer to ye contrary. The Governor said
it was equal to him when they adjourn'd, since they were not dis-
posed to take His Message into their Consideration.

On the 5th January Two Members of Assembly waited on the
Governor to acquaint him that the House was met & desir'd to
know if he had any Business to lay before them. On the 6th Day
of January the Governor being too indisposed to call a Council,
sent his Secretary to the House with the following written Mes-

from the Governor to the Assembly.

" Gentlemen :

"The troops raised in this Government, and now in Winter
Quarters at Albany, "having been furnished with provisions for four
months by the direction of Brigadier Gooch, commencing from the
Day of their Arrival there, and that time being near expired, it has
been recommended by Governor Clinton, and application has been
made to me by the Captains of the four Companys, that a timely
supply be forthwith sent them. As the season of the Year render'd
this impracticable, I thought I might save You the Trouble of a
Meeting for this purpose only, and left it to the Commanding Offi-
cer to make a reasonable Provision for them in that Country until
Your house and a return of favourable Weather should enable me
to supply their Wants.

"I have not received any Orders from His Majesty relating to the
Pay or subsistence of these Troops since Your last Meeting, nor do
I hear that any are come to the other Governors upon the Con-
tinent, so the care of the four Pennsylvania Companys must still
lye upon You.

"GEO. THOMAS.

"January 6th., 1746."

58 MINUTES OF THE

On the 12th January Two Members of Assembly waited on the
Governor with the following Message :

A Message from the Assembly to the Governor.

u May it please the Governor :

"As the Time proposed for the Expedition against Canada is
elapsed, and neither Ships of War nor Troops sent to America, nor
any continuance of the Orders to the several Governors in this
Affair, it seems not unreasonable to conjecture the Enterprize is laid
aside. And if this be, as probably it is the Case, we see not why so
great a number of Men, especially at the Charge of the Colonies,
should be kept together when the Service originally proposed by
raising them is at an end.

But if the Governor of New York, who, as we are informed, com-
mands in Chief the Troops at Albany, from any Instructions he
hath received may think he shall be justified in keeping them to-
gether, there is as little Reason to doubt he will also be justified in
the necessary means of doing it, viz'- : by continuing to draw Bills
for their Support and Pay. So great a Burden we persuade our-
selves it is not the King's Intention his Subjects of these Northern
Colonies should be loaded with.

" Signed by Order of the House,

" JOHN KINSEY, Speaker.
" 11th Mon. 12th, 1746."

On the 14th January, 1746, Two Members of Assembly waited
on the Governor to inform him the House was dispos'd to adjourn
to the 4th of May, if that time shou'd not be disagreeable to the
Governor. He said it was not.

At a Council held at Philadelphia, April 6th, 1747.

PRESENT :

The Honoble. GEORGE THOMAS, Esq., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, *)

William Till, Abraham Taylor. I Esqrs.

Robert Strettel, )

The Governor laid before the Board the several Messages that
had pass'd between him & the Assembly since the last Meeting of
Council, viz'-: his of the 15th of October and of the 6th January
last, & that from the Assembly of the 12th January • which were
read, and are enter'd before according to the Dates & the times when
they were delivered.

PROVINCIAL COUNCIL. 59

Mr. Lawrence, Mr. Hassel, Mr. Strettel, & Mr. Shoemaker, Lav-
ing now delivered in to the Board their Report and Return made
pursuant to the Order of Council of the 25th of January last, for
viewing & (if they found it necessary) laying out the Road leading
from Philadelphia, thro' Frankford, towards Bristol ) the same was
read, & after due and full Consideration had of it by the Board the
same was approved of, Confirmed, and Allowed, & ordered to be
laid out accordingly, & to be Recorded in the Council Book as a
King's Highway or Publick Road, as the Act of Assembly in such
Case directs ; And the Secretary is ordered forthwith to prepare
Warrants or Orders to the respective Overseers of the Highways of
the several Precincts & Townships thro' which any part of the said
Road leads, that the same be forthwith cleared and opened in such
parts as require it, & that the whole be with all convenient Speed
laid out, cleared, and opened, according to the said Survey and Re-
turn.

Pursuant to the Order of the Honourable the Governor & Coun-
cil of the Twenty-fifth Day of January last, referring it to Us the
Subscribers to view the Road leading from the City of Philadelphia
through Frankford towards Bristol, and in case we shou'd judge it
necessary to be Surveyed and Laid out De Novo to take to our As-
sistance the Surveyor General, and to cause it to be done and make
Return thereof to the Council in order for Confirmation, We do
humbly Certify and Report to the Honourable the Governor and
Council that we have viewed and with the Assistance of William
Parsons, the Surveyor General, Re-surveyed the said Road, and
finding that the same as now laid out and used is neither agreable
to the Survey and Return made pursuant to the Order of Council
of the seventh of May, 1725, nor so commodiously laid out as it
might be, but in many Places very inconvenient & injurious to the
Plantations & Settlements thereabouts ) We have, therefore, to the
best of our Skill & Judgment, now Surveyed and Laid out the said
Road so as to render the same more direct and commodious for the
Publick, and more convenient for the adjacent Settlements according
to the following Return, Viz'- : Beginning at the Place of Intersec-
tion of the North side of Vine Street & the Bast side of Front Street
near Penny Pott Landing, and from thence extending the Course of
Front Street North eighteen Degrees ten minutes East sixty four
perches opposite to the Bridge near Poole's Point, thence the same
Course one hundred and fifty-one perches more to a stake, thence
South seventy-five Degrees East along the Causey of Long Bridge
fifty-two perches to a Corner, thence North five Degrees East one
hundred and sixty-nine perches opposite to Captain Palmer's old
Road, thence North thirty-nine Degrees and a-half East sixty perches
to Hanover street, & thence the same Course sixty-six perches to
Adam Klemper's Land, thence North forty-two degrees twenty
Minutes East two hundred and ninety-six perches opposite to John
Moland's Corner, thence North sixty-seven Degrees and a-half East

60 MINUTES OF THE

one hundred and fifty-six perches to a Corner between John Dil-
wyn's and Rawle's Land, thence North sixty-two and an half De-
grees East eighty -two perches to Gunner's Run, and the same Course
seventy-three perches to a corner seven perches beyond Robert
Worthiugton's Fence, thence North fifty-four degrees East one hun-
dred and fifty-four perches to a stone, thence North-East one hun-
dred and thirty-five perches to Frankford Creek Bridge, thence
North twenty-seven Degrees and a-half East twenty perches to a
marked Sassafras on the North side of Frankford Creek, thence
along the Ground late of Enoch Coats, deceased, North forty-six
Degrees East thirty-one perches to a marked Cherry Tree, and the
same Course crossing the said Creek six perches to the Bridge over
the Mill Race, thence North thirty-one Degrees East over an old
Field of Henry Paul one hundred and twenty-one perches to a
marked black oak tree in the old Road five Miles from the Begin-
ging, thence North forty degrees East two hundred and fifty-one
perches to a marked black oak, thence North fifty-four Degrees East
one hundred and thirty perches to the Road from Tackony to Oxford
Church, thence over the Personage Land North seventy-nine de-
grees East one hundred and twenty-four perches to the Middle of
the old Road, North eighty-six Degrees East one hundred and
twelve perches to a stump of the old seven Mile tree, then leaving
the old Road North sixty degrees East over John Shallcross's Land
one hundred and twelve perches to a post in John Kene's Field,
thence along Kene's Land North sixty-seven Degrees East sixty-
four perches to a marked cherry Tree near Kene's House, thence
the same Course eighty-five perches to a marked Spanish oak Tree
in the old Road, North sixty-one Degrees East thirty-two perches
to the old marked eight Mile black oak Tree, thence the same Course
about Sixty-four perches more to Lower Dublin Township, and
thence the same Course one hundred and twenty-eight perches to a
marked Spanish oak, thence North seventy-eight Degrees twenty
minutes East one hundred and thirty-two perches, one perch short
of a Spanish oak marked nine Miles from the Beginning, thence
North seventy-two Degrees East eighty-two perches to a stump,
thence along the Causey and Bridge over Pemmepeck Creek South
eighty-two Degrees East forty-three perches, thence North forty-
eight Degrees forty minutes East two hundred perches to the Ten
Mile hickery tree marked in Joseph Boor's Lane, thence the same
Course one hundred and twelve perches to a marked black oak,
thence North fifty-three Degrees East one hundred perches, thence
over the Land late of Evan Thomas, deceased, North seventy-seven
Degrees East one hundred and seventy-two perches to a marked
white oak in Septimus Robinson's Lane, and thence over the said
Septimus Robinson's Land North sixty-three Degrees East one
hundred and ninety perches to the Ford over Poquessing Creek
near the Widow Amos', being in all Eleven Miles and three Quar-
ters.

PROVINCIAL COUNCIL. 61

Witness our Hands and Seals the Fifth Day of April, Anno
Domini, 1747.

Benja- Shoemaker [l. s.], Rob'* Strettell [l. s.], Sam1- Hasell
[l. s.], Tho. Lawrence [l. s.]

At a Council held at Philadelphia, 4th May, 1747.

PRESENT :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Anthony Palmer, Thomas Lawrence, "J

Samuel Hasell, William Till, [ -™

Abraham Taylor, Robert Strettell, ( %

Benjamin Shoemaker, J

The Minutes of the preceeding Council were read and ap-
proved.

A Petition was presented to the Governor by Nicholas Craft &
Peter Widowfield, of the Northern Liberties of the City of Phila-
delphia, purporting that the Road lately laid out from the City of
Philadelphia through Frankfort towards Bristol would prove inju-
rious to the Petitioners, as it would take in part of the Front of two
Lots whereon they were building ; and praying that the said Road
might either be continued on its former Course, or some other Re-
lief afforded them.

On reading the said Petition it was the Unanimous Opinion of the
Board that it should be rejected — the parties having had Notice of
the intended Course of the Road • but it is thought equitable that
the value of the Land, & of so much of the Buildings as was carried
up before such Notice, should be paid by the Commissioners of the
County.

The Governor communicated to the Board his Resolution of going
to England for the re-establishment of his Health j and as the As-
sembly of the Province was to sit this Evening, he proposed to-
morrow to order the attendance of the Speaker and the House, and
if his Health wou'd permit to declare this his Resolution to them j
and having put down in Writing what he thought proper to say on
the Occasion, the Draught was read and approved.

In the Evening two Members of Assembly waited on the Gov-
ernor to acquaint him that the House was met pursuant to their
Adjournment, and desired to know if he had any thing to lay be-
fore them; the Governor appointed the Speaker and the whole
House to Attend him at Twelve 0' Clock the next Day.

62 MINUTES OF THE

At a Council held at Philadelphia, 5th of May, 1747.
present :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Thomas Lawrence, Benjamin Shoemaker, ) E^ar'«

Abraham Taylor, Robert Strettell, j Jk" *

The Minutes of the preceeding Council were read and approv'd.

The Speaker and Assembly waited on the Governor at the time
appointed, when His Honour made them the following Speech ; and
as soon as he had done he delivered a fair Copy to the Speaker, who
withdrew with the whole House :

" Mr. Speaker, and Gentlemen of Assembly —

" I am sorry for the Occasion of condoling with you on the Death
of Mr. John Penn, late one of Your Proprietors. As his Hu-
manity, Good nature, and Affibility made him much lamented by
his private Acquaintance, so his constant Regard for Your Liberties
and Interest would render the Loss of him very sensible to the
publick, were there not still remaining two worthy Branches of the
same Family.

" My own want of health, and from thence an Inability to Dis-
charge the Trust committed- to me with that Vigour and punctu-
ality which the Duty of my Station requires, has at length deter-
min'd me to embark, God willing, for England, in hopes that a
relaxation from Business or the Change of Climate may afford me
some Releif; And I am, therefore, glad of this Opportunity of seeing
you upon your own adjournment, as that may be concluded most
convenient to your private Affairs. If you have any thing imme-
diately necessary for the Publick Service to lay before me, you will
not fail of receiving a further proof of my Regard for it, but if the
Execution is to be carried into a distant time, it will better become
me to leave it to my Successor in the Government, as a means of
recommending himself to the Goodwill of the People.

" It will be to no purpose for me to give a Character of my own
Administration. My Lot has fallen into difficult and tempestuous
Times, and a greater variety of Business has been transacted during
my Nine Years Residence here, than in any time since the Settle-
ment of the Province. Whether any Degree of Prudence or Skill
has appeared in my Conduct must be left to the judgment of others.
I will only venture to say of myself, that my Intentions have been
good, and my Actions incorrupt, and that the Service of his Majesty
and the Honour and Reputation of the Province have always had
the preference with me to my own ease or private Interest.

" As I have received many Marks of the Publick Esteem, it
will readily be believed that I take my leave of the Province with
concern. I really-do, and very heartily, wish it Prosperity. Some

PROVINCIAL COUNCIL. 63

Memorials of my past Regard will be left with You, and I shall
during my Life embrace every occasion wherein I may be useful of
promoting the general Good of Pennsylvania.

« GEO. THOMAS."

7th May, 1747.
MEMORANDUM.

Two Members of Assembly waited on the Governor to inform
him that the House had prepared an Address in Answer to his
Speech, & desired to know when they might Attend him in order
to Deliver it; his Honour appointed 12 o? Clock the next Day.

At a Council held at Philadelphia, May 8th, 1747.

PRESENT :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, ")

Abraham Taylor, Robert Strettell, I Esqrs.

William Till, Benjamin Shoemaker, jj

The Minutes of the preceding Council were read and approved.

The Speaker, at the head of the Assembly, waited on the Gover-
nor, and in the name of the House read the following Address :

An Address from the Assembly to the Governor.

"To the Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor of the Province of Pennsylvania, &c. :

" The Humble Address of the Assembly of the said Province :

" May it please the Governor :

" We, the Representatives of the Freemen of the Province of
Pennsylvania, return the Governor our hearty thanks for his last
favourable Speech. We sincerely condole with him on the Loss the
Province hath sustained by the Death of one of our Proprietors.
The Benevolence, Generosity, and Public Spirit of our late worthy
Proprietary, his Father, are yet fresh in our view. The Regard
paid to his Memory naturally devolved on his Descendants, who
being Educated in like Principles and under the influence of so
good an Example, gives us reason to hope for the continuance of
the like Beneficence.

" As the Governor has long resided amongst us, is perfectly ac-
quainted with our Publick Affairs, and so good Harmony subsists
between the Branches of the Legislature, his continuance in the

64 MINUTES OF THE

Exercise of the Government if his Health had permitted, would he
most agreeable to Us. But since the Governor's Indisposition and
his hopes of Relief by a Relaxation from Public Business, or Change
of Climate, has determined him to imbark for England, we acquiesce
under the Necessity.

" We have had divers Bills under our Consideration, which when
past into Laws will, we judge, be for the general Good of the
Province; but as the Time for the Governor's Departure draws
near, to proceed in them at this Juncture might take up more of
his Time than can well be spared, and therefore we have concluded
to postpone them until some future opportunity, such only excepted
(if any concur to us) as shall be thought immediately necessary for
the publick Service. And we Return the Governor our grateful
Acknowledgements for the Assurance he gives us, that when these
are laid before him we shall not fail of receiving a further proof of
his Regard.

" In Transacting of Publick Affairs it is not to be expected but
that there will be a variety of Sentiments, more especially in such
Difficult and Tempestuous Times as the Governor is pleased to men-
tion. Yet whilst both parts of the Legislature act with Integrity
and consistently with their Judgments, such a variety must be
beneficial to the Publick. No body, we think, entertains any
Doubts of the Governor's Skill or Abilities, and we believe that he
hath been regardful both of the King's Service and the Honour and
Reputation of the Province.

"The concern the Governor expresses on taking Leave of the
Province — His Hearty Wishes for its Prosperity, and the Decla-
ration he is pleased to make of embracing every opportunity wherein
he may be useful in promoting the general Good of Pennsylvania,
as they are instances of his Regard are very acceptable to Us, and
engage our best Wishes for his prosperous Voyage, the Restoration
of his Health, & all manner of Happiness.

" Signed by Order of the House.

"JOHN KINSEY, Speaker.

" 3d Mon., 8th, 1747."

To which the Governor was pleased to make the following Reply :
" I thank You Gentlemen for this Address. You have said full
as many Things of me as I could expect. Notwithstanding your
private Sentiments at this Time, more might look like putting your-
selves in the wrong, considering our former Disputes. I can only
repeat what I said to You a few Days ago, that I very heartily
wish the Prosperity & shall do every thing in my Power for the
Service of Pennsylvania."

MEMORANDUM.

Two Members of Assembly waited on the Governor & presented

PROVINCIAL COUNCIL. G5

hira with an Order on the Treasurer for £500 towards his Support,
and inform' d him that the House was inclinable to adjourn to the
17th of August, To which he assented.

The next Day the Speaker gave His Honour an Order on the
Treasurer for £211, to enable him to Discharge the Draughts of the
Officers at Albany for Blankets & other Things.

At a Council held at Philadelphia the 13th May, 1747.

PRESENT :

The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor,
Anthony Palmer, Samuel Hasell, ~\

Abraham Taylor, Robert Strettell, V- Esqrs.

Benjamin Shoemaker, J

The Minutes of the preceding Council were read and approved.

The Governor having some Days before intimated his determina-
tion to make an addition to the Council, he now inform'd the Board
that since on his Departure the Administration of the Government
wou'd devole on the Council, and no Business cou'd be done by the
President without the attendance of four Members, & there were
now but seven who acted, he had in his Letters to the Proprietaries
mention' d the necessity of a new appointment ; and in expectation
of their Answer had deferr'd making it ; but as the time of his
Embarkation drew near, & the Vessells expected from London might
not arrive, and it was of the utmost consequence both to the Pro-
prietaries & the Province that this shou'd be done, he cou'd not
postpone it any longer. He assured them it had given him no
small concern, & he had taken all the pains he was Master of to
find Gentlemen equal & willing to accept, and after long considera-
tion he had thought of Mr. Joseph Turner, Mr. Lawrence Growden,
and Mr. Thomas Hopkinson, and had taken measures previously to
know their Inclinations, the two last were willing, but Mr. Turner
had not yet come to a determination. He therefore named these
three Gentlemen to be of the Council if they had no just objection
to them. And each Member being seperately ask'd his opinion
expressed his Approbation of the Governor's Choice ; and the Sec-
retary was directed to inform them of their Call to the Board, & to
take care that they shou'd be summoned to the next Council.
VOL. V. — 5.

66 MINUTES OF ^HE

At a Council held at Philadelphia.

present :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Anthony Palmer, Thomas Lawrence,

Samuel Hasell, William Till,

Abraham Taylor, Robert Strettell, J-Esqr's.

Benjamin Shoemaker, Joseph Turner, !

Lawrence Growden, Thomas Hopkinson, J

The Minutes of the preceeding Council were read and approv'd.

Mr. Turner & Mr. Hopkinson took and subscrib'd the usual Oaths,
& Mr. Growden the usual Affirmations.

The Governor having by Captain Dowers received from the Council
Office His Majestie's Repeal or Disallowance of the Act of Assembly
Imposing a Duty on Persons convicted of Heinous Crimes, &c, The
same was read and order' d to be enter'd ; and it is recommended to
the Council to lay it Before the Assembly at their next Meeting :

" At the Court at St. James, the 17th Day of December, 1746.
"present:

" The King's most Excellent Majesty.
" Lord President, "Earl of Grantham,

"Duke of Argyll, "Lord Delaware,

" Duke of Atholl, " Lord Monson,

"Earl of Pembroke, " Sir John Norris,

" Whereas, in pursuance of the Powers granted to the Proprie-
tarys of the Province of Pennsylvania by Letters Patent under
the Great Seal, the Deputy Governor, Council, and Assembly of the
said Province did in February, 1742, pass an Act which hath been
transmitted, and is Intitled as follows, Viz'- :

l" An «Act imposing a Duty on Persons convicted of heinous
Crimes brought into this Province, and not warranted by the Laws
of Great Britain, and to prevent poor and Impotent Persons being
imported into the same/

" His Majesty this Day took the said Act into His Royal Con-
sideration, and having received the Opinion of the Lords Commis-
sioners for Trade and Plantations, and also of a Committee of the
Lords of His Majestie's most Honourable Privy Council thereupon,
Is hereby pleased to Declare his Dis-allowance of the said Act, and
pursuant to His Majestie's Royal Pleasure thereupon expressed, the
said Act is hereby repealed, declared void and of none Effect.
Whereof the Deputy Governor, Council, and Assembly of the said
Province, and all others whom it may concern, are to take Notice
and Govern themselves accordingly.

"WILL- SHARP."

PROVINCIAL COUNCIL. 67

On Examination of the Council Books, it appears that the late
•Secretary, Mr. Patrick Baird, has omitted to enter several Messages
Which pass'd between the Governor & Assembly in the Year 1742,
they are, therefore, now ordered to be enter' d at the end of this
Book, the Secretary taking care to Page the Council Book, & in the
Margin over against the Place they are omitted to make a proper
reference to the Place where they are inserted.*

Esqrs.

At a Council held at Philadelphia, 29th May, 1747.

PRESENT :

The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov-
ernor.

Anthony Palmer, Samuel Hasell,

William Till, Abraham Taylor,

Robert Strettell, Benjm- Shoemaker,

Joseph Turner, Thomas Hopkinson,

The Minutes of the preceding Council were read and approved.
The Governor informed the Board that by a Letter he had re-
ceived from Mr. Logan, and another which the Clerk of the Council
had likewise received from him, it appeared that he had not con-
sidered himself as a Member of this Board since his Accession to
the Government, and requested that his Declaration and absolute
Resignation might be enter' d in the Council Books, and on Reading
his Letters, the Secretary was directed to make an Entry that Mr.
Logan's Resignation was Accepted, and that he was no longer a
Member of this Board.

The Governor then proposed that the Secretary should write down
the Names of the Members of Council according to the Order they
stand on their respective Calls to the Board, which being done &
read, it was unanimously agreed that the following Gentlemen, &
no others, are Members of the Council, & take their Precedency as
follows, viz1-:

ANTHONY PALMER,
THOMAS LAWRENCE,
SAMUEL HASELL,
WILLIAM TILL,
ABRAHAM TAYLOR,
ROBERT STRETTELL, } Esqrs.

JAMES HAMILTON,
BENJAMIN SHOEMAKER,
JOSEPH TURNER,
LAWRENCE GROWDEN,
THOMAS HOPKINSON,

* In transcribing the Colonial Records, the Messages have been inserted)
in their proper places.

68 MINUTES OF THE

The G-overnor then recommended Mr. William Logan to be a
Member of this Board, & no material Objection being offer'd, it was
Agreed that he shou'd take the usual Affirmation before the Goyer-
nor & be admitted thereupon to his Seat at the next Council.

The above Minute was read and approv'd.

At a Council held at Philada., 6th June, 1747.
• present :
Anthony Palmer7 Thomas Lawrence, *)

Samuel Hasell, William Till, [

Abraham Taylor, Robert Strettell, I j*

Benjamin Shoemaker, Joseph Turner, j ^

Lawrence Growden, Thomas Hopkinson, f

William Logan, J

The Governor haviug Embarqued for Great Britain, the Council
in his Absence met this Day in pursuance of the Act of the
10th of her late Majesty Queen Ann, Entitled " An Act for the
further securing the Administration of the Government/' and the
Act being read it appeared that the full Power and Authority of
a Governor of the Province, Legislation excepted, is lodged in- this
Board.

The Rank and Precedency of the Several members of Council
having been established at the last Council, & it appearing thence
that Anthony Palmer, Esq., is the Eldest Councellor, he took his
Seat as President of this Board,

The Board appointed Mr. Richard Peters to be Secretary and
Clerk of the Council.

It being directed by the said Act of the 10th of Queen Ann that
the President or first-named Member of Council that shall succeed
at the time of the Death or Absence of a Governor, shall give due
Notice thereof, by the first opportunity, to one of the Secretaries of
State of Great Britain, and to the Board of Trade and Plantations,
& also to the Governor in Chief of this Province. The Secretary
was ordered to draw proper Notices, & to ky them before the Board
in order to be signed by the President, & likewise to prepare
Draughts of letters to be wrote to the Neighboring Governors on
this occasion.

The Board was unanimously of opinion that a Proclamation No*-
tifying the absence of the Governor, & for the continuing of all
Officers in their respective offices shou'd be issued, & the Secretary
is accordingly order' d to prepare one against four of the Clock in
the Afternoon, to which time the Council, is adjourned*

PROVINCIAL COUNCIL. 69

P. M.

PRESENT I

The Honourable the President and the same Members as in the
forenoon.

A Proclamation for the continuance of Officers in their respective
Offices being agreed to, the same is ordered to be engross'd and to
be ready at ten of the Clock on Monday in order to be sign'd and
seal'd, and the Secretary is order'd to take care that the Sheriff,
Magistrates, and proper Officers be served with Notice to attend the
Publication thereof at the Court House on Monday at 12 0' Clock.

A motion was made that the Board might now enter upon the
consideration of the most proper Methods to be observed for the
Dispatch of common Business ; and some giving it as their opin-
ion that the best way would be to make an order of Council that the
President only shou'd sign the Papers of Course, enumerating
what particulars shou'd be deem'd Papers of Course, for that all
Papers so sign'd wou'd be look'd on as the Act of the Council, by
virtue of such Vote, & others conceiving that they cou'dnot legally
make such Vote, as it wou'd be deem'd a delegation of the Power
of the Council, & the Council being themselves only in the Place
of a Lieutenant or Deputy Governor, & consequently invested in a
Trust not transferable, cou'dnot Delegate their Power; the question
was put whether it be the opinion of the Board that the Council can
legally impower the President to sign Marriage Lycences, Publick
House Lycences, Pedler's Lycences, Indian Trader's Lycences,
Begisters of Vessells & Let Passes, without the Concurrence of at
least four of the Council, & it Pass'd in the Affirmative.

The Board then took into their Consideration the alterations
proper to be made in the forms of Marriage Lycences, Let Passes,
Public House Lycences, & other papers of Course, and not coming
to any determination, the same is referr'd to the next Meeting of
Council which is appointed at 10 of the Clock on Monday Morning,
and the Secretary is order'd to wait on the Attorney General to de-
sire his attendance here at that hour.

The Secretary inform' d the Board that Marriage Lycences were
immediately wanted, whereupon the President Signed four Marriage
Lycences, and deliver'd them to the Secretary to be distributed as
they shou'd be apply' d for.

The Board being of Opinion that the Council Chamber in the
State House wou'd be the most commodious Place for them to meet
in, the Secretary is directed to wait on the Speaker to know if the
same be now in order, or can with any conveniency be put into
order for the use of the Council.

70 MINUTES OF THE

At a Council held at Philada., 8th June, 1747.

PRESENT :

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner, VEsqrs.

Lawrence Growden, Thomas Hopkinson,

William Logan,

The Minutes of the preceding Council was read and approv'd.

The Engross' d Proclamation was Sign'd by the President, & a
Warrant to affix the Great Seal thereto was signed by the President
& the four Eldest Members present. Order' 'd, That the same be
enter' d and Printed, & Copies Dispatched to the Sheriffs of the
several Counties to be dispers'd as usual.

u By the Honourable the President & Council of the Province of
Pennsylvania.

"A PROCLAMATION.

" Whereas the Honourable George Thomas, Esqr-> Lieutenant
Governor and Commander-in-chief of this Province hath embarqued
for Great Britain, and by his Absence the Exercise of the Powers
of Government, by virtue of an Act of Assembly pass'd in the
Tenth Year of the Reign of the late Queen Ann, is devolved on and
lodged in Us, We have therefore thought fit to Publish, and De-
clare that all persons whatsoever who held or enjoy'd any Office of
Trust or Profit in this Government, by virtue of any commissions
in Force at the time of the said Governor's Departure, shall con-
tinue to hold and enjoy the same Offices until they shall be deter-
min'd by Us or some other sufficient Authority. And we do
hereby command and require all Judges, Justices, and other Officers
whatsoever, in whom any Publick Trust is reposed in this Govern-
ment, that they diligently proceed in the Performance & Discharge
of their respective Duties therein for the Safety, Peace, and Well
being of the same.

li Given at Philadelphia, under the Great Seal of the said Province,
the Eighth Day of June in the TAventieth Year of the Reign of
our Sovereign Lord, George the Second, by the Grace of God of
Great Britain, France, and Ireland, King, Defender of the Faith, &ca-

"ANTHONY PALMER, President.
11 By Order of the President & Council.
"Riciiard Peters, Secry.
"GOD SAVE THE KING."

The Attorney General being consulted on the alterations neces-

PROVINCIAL COUNCIL. 71

sary to be made in the Forms of Lycences & other Papers of Course,
the same were settled.

Order' d, That the President sign all Marriage Lycences, Publick
House Lycences, Indian Trader's Lycences, Registers of Vessells &
Lett Passes.

The President laid before the Board a Letter from Monsieur
Ghastenoy, Lieutenant General of the French Leeward Islands,
Dated the 12th May last at St. Domingo, directed to Governor
Thomas, & delivered to the President by one Captain Rogers, who
arrived yesterday in a Flag of Truce from Petit G-oava, in Hispaniola,
which being read, the Consideration thereof was postpon'd to the
Afternoon.

The Sheriff & other Officers waiting to attend the Council to the
Court House, the Board adjourned to 5 of the Clock.

P.M.

PRESENT :

The Honourable ANTHONY PALMER, Esqr. President.

Samuel Hasell, Robert Strettell, "]

Benjamin Shoemaker, Joseph Turner, ( ™

Laurence Growden, Thomas Hopkinson, | °
William Logan, J

The Letter and Papers brought by the Captain of the Flag of
Truce from Hispaniola being again read, and the purport thereof
being that the Flag was sent at the Instance of some English Pris-
oners, in number Eight, who were taken by the French and carried
into Leogane, & that there were likewise Shipt on board Three
Negroes and a Mulatto, taken by a French Privateer in a Bermu-
dian Sloop, Captn- Dickenson, & on their own alligations of being
Free the Governor of St. Domingo requested that if it shou'd ap-
pear that they were not free, they might be sent back by this Sloop
to be delivered to the French Captors.

Captain Rogers attending without, was called in & told that en-
quiry would be immediately made into the Condition of the Negroes
& Mulatto, and an answer given as soon as the Council shou'd be
inform'd of the Truth. Captn Rogers then told the Council that
his Sloop cou'd not go to Sea without being Careen'd, & praying
Liberty to do it; the same was granted, & it was recommended to
him to use all the Dispatch possible, for as there were no French
Prisoners in this port to give in Exchange he wou'd not be de-
tain'd, & the Council expected he wou'd stay no longer time here
than was absolutely necessary to repair & victual his Vessel.

Mr. Turner & Mr. Logan were appointed a Committee to ex-
amine the Negroes and Mulatto, and were desir'd to make all the

72 MINUTES OF THE

enquiry possible into their respective Conditions that the President
might be enabled to write an Answer to Monsieur Chastenoy's
Letter.

Mr. George Crogan, a considerable Indian Trader, inform'd the
Secretary by Letter that he had traded this Winter on the Borders

of Lake Erie with a Nation of Indians called ■ , who were

formerly in the French Interest, but are now come over & have
begun Hostilities along with some of the Six Nations against the
French, & that he had there received from them a Letter, with a
String of Wampum & a French Scalp, to be deliver' d to the Gov-
ernor of Pennsylvania, & as he was prevented by Indisposition from
waiting on the Governor himself, he had sent them by his Servant ;
and further desiring the Secretary to inform the Governor that as
this Nation was of great Consequence on account of their Numbers
& Alliances, the Government wou'd do send them, immediately, a
Present for their Encouragement, & if they were disposed to do so
he wou'd forthwith dispatch a Servant with it; and on reading the
Indian Letter & Mr. Croghan's Letter, the Council were of opinion
that they shou'd be communicated to the Speaker.

At a Council held at Philadelphia, June the 11th, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ")

Abraham Taylor, Robert Stretell, [ -p,

Joseph Turner, Thomas Hopkinson, | "

William Logan, J

The Minutes of the preceding Council were read and approv'd.

The President laid before the Board a Letter from Governor
Shirley, which came by the Post, dated at Boston the 1st Instant,
purporting — "That the Indians of the Six Nations were generally
engaged in the War against the French, owing in a great measure
to the influence & prudent management of Coll0, Johnson & Mr.
Lydius, who have in this Service laid themselves under such En-
gagements to the Indians as they are not able to fulfill without
proper Supplies from the Governments of His Majestic' s Colonies
of North America ; and as it may of the last consequence, if these
Gentlemen shou'd not be enabled to perform their Contracts with
the Indians, he was requested by the General Assembly to repre-
sent this in a pressing Letter to the Governor of Pennsylvania, &
to desire him to lay the same before the Assembly that they might
thereby be indue'd to contribute handsomely towards this import-
ant & necessary Service."

The Council took it into their Consideration whether they shou'd

PROVINCIAL COUNCIL. 73

issue Writts for the Summoning of the Assembly, and it being the
Sentiments of all the Members that previous to their doing this
it wou'd be proper to communicate the Contents of Mr. Shirley's
Letter to the Speaker, & to know from him whether, as it was a
very busy time of Year with the Country Members, it wou'd be
better to call them now or to postpone the laying the Letter before
them till their time of Meeting on their own Adjournment, which
was the 17th of August next, Mr. Lawrence and Mr. Strettell
were appointed to confer with the Speaker on this, & likewise on
the Contents of the Letter received from the Tugans.

The Secretary informing the Board that the Indian Interpreter,
Mr. Weiser, was charg'd with a Message to the Indians at Shamokin,
to notify to them the Death of the Late Propr* Mr. John Penn, &
likewise the Departure of Governor Thomas, and that a Letter might
reach him before he set out the Board directed the Secretary to
Send Mr. Weiser a Copy of Governor Shirley's Lett1"- & to write to
him a full & proper Letter on the Subject, adding thereto that he
shou'd be sure to give the Indians the strongest assurances that the
President & Council wou'd not be wanting to pay the same Regards
to the Indian Nations as had always been shewn them by this
Government.

At a Council held at Philadelphia the 13th June, 1747.
present :

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, ~\

Benjn- Shoemaker, Robert Strettell, > Esqrs.

Joseph Turner, Thomas Hopkinson, J

Mr. Lawrence & Mr. Strettell reported that they had conferr'd
with the Speaker, agreeable to what was requir'd of them at the
last Council, and thut he was of opinion that the Country Members
wou'd not like being call'd from their Business in the midst of
Harvest, besides there lay some just objection why this Province
shou'd not send the Supplys in the manner & for the Service they
were requested j But this Answer not appearing to the Council a
sufficient Justification for not calling the Assembly, the said two
Members were requested to wait on Mr. Kinsey again, & desir'd he
wou'd consult with such of the Members of Assembly as lived in
Town, and that he wou'd be present at the next Council.

Esqrs.

74 MINUTES OF THE

At a Council held at Philada. the 15th June, 1747.
present :

The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell,

Abraham Taylor, Benjamin Shoemaker,

Joseph Turner, Thomas Hopkinson,

William Logan,

The Minutes of the preceding Council were read and approved.

Mr. Kinsey was told y* the Council looking on the contents of
Governor Shirley's Letter to be of great Moment, had desir'd a
conference with him ; that knowing his Sentiments & those of such
other Members of Assembly as cou'd be easily spoke to, they might
be the better enabled to come to a determination what to do.

Mr. Kinsey said he had consulted with his Brother Members,
and they were all of opinion with him, that shou'd they be now
called to meet in Assembly they wou'd not Answer Governor Shir-
ley's Expectations. Their principles were too well known to give any
reason to believe they wou'd Contribute to offensive Warrs; besides,
it had long been his Opinion that whatever Presents were made to
the Indians they should be given immediately to them by this Pro-
vince by their Interpreter, & it should be known for what Services
he as well as those he had convers'd with were Strangers to the
Contract made by Mr. Lydius & Coll0, Johnson, and it might be of
such a nature as neither the Indians of the Six Nations nor this
Province wou'd approve of. He cou'd assure the Council that the
Assembly was never averse to making proper Presents to the In-
dians, & it was probable, if this Request was left to be made to
them when they shou'd meet on the 17th of August next, the time
to which they stood adjourn'd, the Assembly wou'd give a sum of
Money to encourage the Indians in their Zeal for the Interest &
Service of the Colonies.

Mr. Kinsey withdrawing, the Council thought it would be to no
purpose to call the Assembly now for the reasons mention'd by Mr.
Kinsey, & therefore requested the President to write an Answer to
Governor Shirley, wherein he wou'd be pleased to set forth their
Proceedings & their Reasons for postponing the Application to the
Month of August, the usual time of the sitting of the Assembly
for the Dispatch of Business.

Mr. Turner reported that he & Mr. Logan being appointed to
examine whether the Negroes & Mulatto brought by Captn- Roger
in the Flag of Truce were free or not, on their giving Orders to
have brought before them, they were inform'd that Capt"- Benjn-
Dickenson, the very Person who Commanded the Sloop to which
Negroes belong'd when they were taken by the French Privateer,
passing by Captain Roger as he was coming up the Bay of Dela-

PROVINCIAL COUNCIL. 75

ware the Negroes made themselves known to him, whereupon he
demanded them of Captain Roger, who was weak enough to deliver
them up to him. The Captain attending without, was called in, &
being examined, acknowledged that he had deliver'd the Negroes &
Mulatto to Captain Dickenson.

Ordered, That Captain Roger put the whole Transaction in wri-
ting, & that he & Mr. Wilson depose to the Truth of it before the
Council.

Mr. John Mackey deliver'd to the President in Council a Letter
directed to Governor Thomas, which he said was given him by his
Excellency Don Diego de Penalosa, Lieutenant Governor for the
King of Spain at the Havanna, and on its being translated it ap-
peared to be Dated at the Havanna, 31st May, 1747, & to contain
in Substance that " there Sail'd last Year from the Port of the Ha-
vanna, on a Cruize, the Privateer Frigate called the " St. Christo-
pher," & the privateer Brigantine called " our Lady of the Rosary,"
alias, " the Fame," the Property of the Royal Company of the Island
of Cuba, that upon their return the Brigantine was Shipwreck' d on
the Keys, & her People came to Baracao in the Lanch ; that some
time after the St. Christopher arrived, whose Crew informed that
they had taken & dismissed on a Ransome for Four thousand Dol-
lars an English Frigate, Commanded by Alexander Mathiew Row-
erdon, bound from London to Pennsylvania, where, as they have
been since inform' d, she arrived safe • that the two Ransomers were
Dead, one in the beginning of the Voyage before the Shipwreck,
the other afterwards in going to Barracoa in the Lanch, as appears
more at large by a Certificate attested by Dn Domingo Antonio De
Aristegni, Second Captn- of the St. Christopher, who was ordered to
give the said Certificate in the Absence of the other Officers, pray-
ing that in conformity thereto the Gover- of Pennsylvania wou'd
vouch safe to give orders that the Four thousand pieces of Eight
agreed for & justly due may be paid to the Order of the President
and Directors of the said Royal Company."

A Petition from Uty Perkins in Philad3- Goal was read, setting
forth that he was convicted of Horse Stealing, & sentenc'd to re-
ceive 21 Lashes, & to pay £30 for the support of Government,
praying that as he had suffer'd the Corporal Punishment his Fine
might be released.

Order }d} That he give bond for the £30, & be Discharg'd paying
his Fees & departing the Province forthwith.

76 MINUTES OF THE

At a Council held at Philadelphia, 18th June, 1747.

present :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ")

Abraham Taylor, Benjn- Shoemaker, > Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceeding Council were read and approv'd.

The President laid before the Board a Letter which he had wrote
to Gorr" Shirley in answer to his of the 1st Instant, which being
read, was approved & ordered to be enter'd.

"Sir:

"Governor Thomas being gone to England for the Recovery of
his health, your letter of the 1st Instant, address' d to him, was sent
to me as President of the Council of this Province ; and as the
Administration of the Government in the Absence of a Governor
devolves on the Council, I immediatly on Receipt thereof laid it
before them, & have the honour to inform You that the Council
thinks with you that shou'd there be a failure of any Engagements
enter'd into by any of His Majestie's Colonies with the Indians, now
that they have actually begun Hostilities against the French, it
might prove of the last Consequence to every Province on the Con-
tinent. Was the Disposition of the Public Money in the Council
such a Resolve wou'd have been forthwith taken as the Importance
of the Service demanded ; but this being in the Assembly, which
is not now sitting, the only step in the Power of the Council was to ,
convene them in order to lay your letter before them ; and this wou'd
have been done had it not been discourag'd by the Speaker of the As-
sembly, to whom Your Letter was communicated, who on conferring,
at the Instance of the Council, with such of the Members of As-
sembly as live in or near the City, gave it as his & their opinion
that shou'd the County Members be obliged to leave their Family's
before the Harvest was over they might not meet in a good humour,
& thereby the Intent of calling them might be frustrated ; but as
they were set on their own Adjournment on the 17th day of Au-
gust next, if the Letter was then laid before them there might be
more hopes of success ; at least there was reason to believe that
the Assembly wou'd go into giving Presents to the Indians in their
own way — their Principles not permitting them to give to such a
purpose as you apply for. Your knowledge of Assemblies will in-
duce You, I make no doubt, to think with the Council that these
previous Steps were proper to be taken, & that as these are the
Sentiments of the Speaker, & of the leading Members of the House,
it wou'd answer no purpose to convene them against their will, &
that no more remains to be done than when they meet to lay Your

PROVINCIAL COUNCIL. 77

Letter before them, which you may be assured will be done, & noth-
ing omitted that can be thought will give weight to the Application*
" I am Sir,

" Your most obed'- h'ble Servf'

« f ANTHONY PALMER.
"Pnllada,, ]( 8th June, 1747.

" His Excels Willm- Shirley, Esqr-r;

The Precedent's Letters to the Secretary of State, to the Lords
Commiss13, of Trade & Plantations, & to the several Governors, wer©
likewise read & approved.

At a Council held at Philadelphia the 26th June, 1747,

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence^ Samuel Hasell, "1

Abraham Taylor, Robert Strettell, [ ™

Benjamin Shoemaker, Joseph Turner, j "

Thomas Hopkinson7 J

The Minutes of the Preceeding Council were fead and approv'cL
The President laid before the Board sundry Papers delivered to?
him by one James Vincent de Pre, Captain of a French Ship called
" the Fortune/' which came in here yesterday carrying a Flag of
Truce. On perusal of his Despatches it appeared that he came from
New Orleans, on the River Mississippi, in Louisiana, and was bound
to Cape Francois, in Hispaniola; that there being at New Orleans sev-
eral English Prisoners who earnestly requested that they might ga
with Captn- De Pre and be put into New York or any other Colony
belonging to his Britannick Majesty, he was permitted to take them
& deliver them accordingly. Among the Prisoners were Captain
Alexander Forbes of London & Capt "• Taylor of this Port, who at-
tending with Captn- De Pre were called in, & being examined con-
firm'd the Contents of the Dispatches. They assur'd the Council
that the French Capt"- brought Seventeen French Prisoners into this
Port at their own Request, who must otherwise been detained at
New Orleans & there have suffered many hardships, & that they
were treated with great humanity by him and his People, in return
for which they thought he was entitled to the favour of every Eng-
lish Government. CaptB- De Pre being told that s£s there were no
French Prisoners here to give in Exchange he was at liberty to pro-
ceed on his Voyage forthwith. He thank' d the Council, & pray'd
Liberty to take in such Quantity of Provisions,* Liquors, and other
Necessaries as he wanted 5 wch" was granted, & he was told to use all

78 MINUTES OF THE

the Expedition Possible, & that the Secretary wou'd give him his
Dispatches the beginning of the week.

A Petition was presented to the President & Council by David
Cochran & John Glenn, Inhabitants of Chester County, setting
forth that they & many others had just Cause of Complaint against
Job Huston, Esqr., one of His Majestie's Justices of the Peace for
Chester County, praying that a Day might be appointed to hear
their Complaints.

Order' d j That the Petitioners be heard on the 17th of August
next, & that Justice Huston be previously inform' d by them of the
Causes of Complaint, that he may be prepared to make his Defence*

At a Council held at Philadelphia, the 29th June, 1747;

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ]

Abraham Taylor, Robert Strettell, ! -™

Benjamin Shoemaker, Joseph Turner, [ 1

Thomas Hopkinson, J

The Minutes of the preceding Council were read and approv'd*
Captain Roger & Mr. Wilson attending without, were called in,
& having reduc'd into writing the Transaction between the said
Captain Roger & Captn" Benjamin Dickinson, touching the Delivery
of the three Negroes and Mulatto, made oath to the same, and a
Certificate of the said Oath being prepared and approv'd, the Presi*
dent was desir'd to attest it under the Lesser Seal of the said Pro-
vince, which was accordingly done j and the President having pre*
par'd a Letter to Monsieur Chastenoy, inclosing said Certificate, it
was read and approved.

Ordered, That the Secretary prepare a Let Pass, such as is usual
in these Cases, for Capt11" Rogers, & that the President Sign it un-
der his Seal at Arms, & that Capt11' Rogers' Dispatches be deliver' d
to him this Afternoon, & he be told that the Council commands &
expects he will go away immediately.

The Secretary having prepared a Certificate or Let Pass for Captnj
Jacques Vincent De Pre, the President signed it under his Seal at
Arms.

Order' d, That the Secretary deliver to Capt11, De Pre his Dispatches
this Afternoon, & tell him that the Council expects he will not stay
longer than to Day.

The Council apprehending from the Circumstances of the Pro-
vince that some mischievious consequences may ensue from Flags of
Truce coming directly up to the Port without previous Notice being

PROVINCIAL COUNCIL. 79

given to the Government, they are unanimously of opinion that it is
necessary for the safety and Trade of this Province that all Vessels
coming as Flags of Truce shou'd be laid under some Restrictions &
Regulations, and that a Proclamation should be prepared for this
purpose, and Mr. Lawrence, Mr. Hassell, & Mr. Hopkinson, are
appointed a Committee to consider the Regulations necessary to be
made, and to prepare a proper Proclamation.

The Council took into Consideration the Letter deliver'd by Mr.
John Mackey from the Governor of the Havannah to the President
in Council, of the 15th Instant, and Mr. Hopkinson saying that a
Cause having been brought before him, as Judge of the Admiralty,
wherein the Friends of the Hostages for the 4,000 Peices of Eight
mention' d in the Spanish Governor's Letter were Plaintives, & the
Owners & Freighters of Captain Rowerdon's Vessell were Defend-
ants, & that in pursuance of his Decree the Money, or a great part
of it, was collected & paid into the hands of Mr. Willing & Mr.
Sober, to be remitted to the Spanish Captors for the Release of the
said hostages, the Council was of opinion that it would well become
the Honour of this Government to endeavour that the Money be ex-
peditiously paid or remitted for the use of the Royal Company of
the Isle of Cuba, & recommended it, to Mr. Hopkinson to speak to
Mr. Willing & Mr. Sober to Pay the Money, or to give reasons why
they can't, that the Council may know what Answer to make to
Monseiur Penelosa.

Mr. Turner inform'd the Council that there were in this Port
several Spanish Negroes taken by the Philadelphia Privateers, & as
they alledg'd they were free, & the Judge of the Admiralty on their
Examination was of opinion that it might be so, & wou;d not con-
demn them to be sold as Slaves, a great Expence had accrued in
maintaining them, and as he was one of the Owners of the Priva-
teers, he was desir'd to apply to the Council, by the other Gentle-
men concern' d with him, for Liberty, at their own Expence, to send
a Vessel to the Havanna with these Negroes under a Flag Truce,
& they desir'd, further, that the Council wou'd be pleased to set
forth the whole matter in a Letter to the Spanish Governor at the
Havanna, requested that if the Negroes shou'd be found to be free
they might be discharg'd, otherwise be return'd for the use of the
Captors.

The Council conceiving the motion to be just and reasonable, gave
Liberty to the Owners of the Privateers to send a Vessel to the
Havanna, & promised the Privilege of the Flag & a Letter, such as
Mr. Turner moved for.

80 MINUTES OF THE

At a Council held at Philada. the 1st of July, 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

Esqrs.

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson,

The Minutes of the preceding Council were read and approv'd.

Mr. Lawrence, one of the Committee appointed by the last Coun-
cil to consider the Regulations proper to be made with respect to
Mags of Truce, deliver'd their Report in writing, which being read
Paragraph by Paragraph was approved, & order' d to be entered :

" To the Honble. the- President & Council of the Province of Penn^

sylvania.

" We, the Committee appointed by this Honble. Board to consider
of Ways and Means for preventing the Inconveniences which may
arise to this Province from the coming in of foreign Vessels carry-
ing Flags of Truce, do Report as followeth, to wit :

" As a thorough knowledge of the Bay and River of Delaware,
and of the present defenceless State of this Province, may encourage
our Enemies to form some Enterprise which may prove fatal both
to Us and the Neighbouring Governments, We think it absolutely
necessary to prevent, if possible, all foreign Vessels carrying Flags
of Truce from coming up the Bay and River of Delaware, and to
that End we humbly propose—

" 1. That a Proclamation be immediately issued by the Honble.
the President and Council, strictly enjoining and commanding all
Pilots and Mariners that they do not presume, on any pretence what-
soever, to conduct, Pilot, or bring up any foreign Ship o? Vessel
carrying a Flag of Truce, or pretending to carry a Flag of Truce,
into the Limits of this Government, without a special Lycence first
had and obtained for that purpose from the Honble. the President
& Council.

" 2. If notwithstanding such Proclamation, any Ship or Vessel
carrying a Flag of Truce should come into this Port ox within the
Limits of this Province without Lycence as aforesaid, We are of
opinion that the Council should immediately meet on the first No-
tice thereof, & order the Sheriff or some proper Officer directly to go
on board such Vessel and bring the Captain or Chief Officer before
the Council, there to be examined, and that the Vessel be forthwith
ordered down to such Place as the Council shall approve, and that
a prosecution be ordered against the Pilot for acting contrary to his

PROVINCIAL COUNCIL. 81

Duty & Allegiance in introducing His Majestie's Enemies within
this Government without Lycence )

"3. That it be requested by this Board of His Honour the Presi-
dent that he would be pleased at his first Meeting of the Council
of New Castle, Kent, and Sussex, on Delaware, earnestly to recom-
mend to them the Regulations and Restrictions following, or such
others as they shall judge most proper for their safety as well as
ours, viz*- :

" That the Laws now in force in that Government relating to Pi-
lots be strictly put in Execution, and that a Proclamation issue for
that purpose if they think it necessary.

" That the Pilots be forbid the taking Charge of any foreign Vessel
carrying a Mag of Truce, until the Chief Commander thereof shall
have come on shore with some of the English Prisoners, and have
given a Satisfactory Answer to such particulars relating to the occa-
sion of the Voyage, the Condition of the Vessel, and the People on
Board, as the Magistrates at Lewis shall think fit to demand.

" In case the Letters or Dispatches brought by such Commanders
be directed to the Governor or Council of Pennsylvania, that the
said Council of the three Lower Counties would be pleased to give
Order that the said Letters be immediately conveyed to Philad" at
the Expence of this Government, and that in the mean time the
Pilots be forbid to proceed with such Vessel to the Northward of
Lewis Town Road until the special Permission of the Council of the
said three Lower Counties be obtained in Writing, nor to the North-
Ward of Marcus Hook until a Lycence be obtained in like manner
from the President & Council of Pennsylvania.

u That (as our Enemies becoming acquainted with the Navigation
of the Bay may be attended with the most dangerous Consequences
both to the People of the said Counties and to those of this Province)
the Council of the said Three Lower Counties be desir'd in no Case
to grant permission to foreign Vessels coming with Flags of Truce
to proceed up the Bay, unless there shall appear to be an absolute
Necessity, which it is supposed can very seldom happen, since (it is
presumed) this Government will chearfully pay the Expence of
bringing up such English Prisoners from Lewis as may be put on
shore there, and take care that the Commanders of such Flags of
Truce shall not want any Necessaries for their Ships or themselves.

11 4. This Committee further think it necessary that the President
& Council of the Province of New Jersey be likewise applied to on
this occasion, & be made acquainted with the Dangers we apprehend
from the Resort of His Majestie's Enemies to this Port under the
Sanction of Flags of Truce, and of the precautions we have thought
fit to use to prevent it, and that they be desir'd to take the matter
into their Consideration, and make such Provisions & Regulations*
on their Side as they may think proper for the purposes aforesaid.
VOL. v. — 6.

82 MINUTES OF THE'

" All which is humbly submitted to the Consideration of tLtf
Board by

"THO. LAWRENCE,
"SAMUEL HASSELL,
"THOS. HOPKINSON.

" Philada- July 1st, 1747."

The Council recommended the several matters mention'^ m the
above Report strongly to the President, who said he was to meet
his Council at New Castle on the 10th Instant, & wou'd do all in
his power to procure proper Regulations to be made in that Govern-
ment.

Mr. Hopkinson having likewise prepar'd the Draught of a Pro-
clamation, the same was read and appro v'd.

Order'd, That the Sheriffs and Magistrates have Notice to attend
the publication of it at the Court House on Saturday at Eleven
o'Clock, & that it be Printed immediately after Publication, & every
Pilot served with a Printed Proclamation.

" By the Honourable the President and Council of the Province of
Pennsylvania.

" A PROCLAMATION.

u Whereas, the coming of foreign Vessels under the Sanction of
Flags of Truce into this Port of Philadelphia without previous Ex-
amination and a Lycence obtained from this Government, may be
attended with misehevious Consequences, which may be prevented
by laying the Pilots using the Bay and River of Delaware under
proper Restrictions & Regulations. We have, therefore, thought it
necessary to issue this our Proclamation, hereby in his Majestie's
Name strictly enjoining k commanding all Pilots, Mariners, and
others, that from henceforth they do not presume on any pretence
whatsoever to conduct, Pilot, or bring up any foreign Ship or Yesse)
carrying a Flag of Truce, or pretending to come under a Flag of
Truce from our Enemies to any Port or Place within this Province
above that tract of Land lying in Chester County, commonly called
and known by the Name of Marcus Hook, without our special Ly-
cence first had and obtained, as they will answer the contrary at
their highest peril.

" Given at Philadelphia, under the Great Seal of the said Province,
the Fourth day of July, in the Twenty-first Year of the Reign of
our Sovereign Lord George the Second, by the Grace of God of
Great Britain, France, & Ireland, King, Defender of the Faith,
&c, Annoqz Domini, 1747.

" By Order of the President <fc Council,

" ANTHONY PALMER, President.
" Richard Peters, Secretary.

"GOD SAVE THE KING."

PROVINCIAL COUNCIL. 88

At a Council held at Philadelphia, 9th July, 1747.

PRESENT I

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, ~\

Robert Strettell, Joseph Turner, > Esqrs.

Thomas Hopkinson, j

The Minutes of the preceding Council was read and approv'd.

The President laid before the Board a Letter which he received
yesterday by the Post from Governor Shirley, dated at Boston, 29th
June, informing him That the Government taking into Considera-
tion the great Danger which all his Majestie's Colonies in North
America are in of being in time destroyed by the French and the
Indians under their influence, without a firm Union between them-
selves for their mutual Defence, & for weakning & destroying the
Power of the Enemy, <fc more especially for driving the French from
the Borders of the Province of New York & New England, had ap-
pointed Commissioners to meet in a Congress to be held at New
York on the Second Day of September next, with such Commiss78,
as may be appointed by all his Majestie's Governments from New
Hampshire to Virginia, inclusively, then & there to treat & agree
upon Measures for encouraging the Indians of the Six Nations
vigorously to prosecute their Incursions on the Enemy, as also to
agree upon the method and proportion of raising Men & Money for
carrying on the War both offensively and defensively, & to project
& settle such Enterprizes and plans of Operation as the common
Interest shall require, desiring that the President wou'd represent
this in the strongest Light to the Assembly, and recommending it
to the several Governments separately to make Provision without
Delay for the Encouragement of the Six Nations till the Congress
can be held.

On reading the Letter the Council was of opinion that at present
no more was necessary to be done than that the President shou'd
acknowledge the Receipt of it, & assure Governor Shirley that when
the Assembly met it shou'd be laid before them.

The Secretary laid before the Board several Letters which he had
received from Mr. Conrad Weiser, in one of which he informs him
that in his Journey to Shamokin, in obedience to the Command of
the President and Council, he fortunately met at Chambers' Mill,
in Pextang, with Shikalamy & several Indians, amongst whom was
Scaienties, a man of Note of the Cayiuga Nation, which accidental
Meeting rendring it unnecessary for him to go further, he there
communicated to them the Messages given him in Charge, as well
from the Proprs- as the Council, & having committed what pass'd be-
tween them to writing, he had inclos'd it in order to be laid before
the Council, & the Report being read it was order' d to be enter'd.

84 MINUTES OF THE

Memorandum of the Message delivered to the Indians of Shamohin
at the House of Joseph Chambers, in Paxton, by the Subscriber.

There was Present Shikalamy, Taghneghdorrus, Caniadarogon, &
Scaienties (a man ofrNote among the Cayiuckers).

" Brethren : Yoythat Live at Zinachson (Shamokin) ; I am sent
to you by your Brethren the President & Council of Philadelphia
to pay you a Visit, and to acquaint you of what passes among the
White People, also to inform myself how you do and what passes
among the Indians in these critical times/'

Gave a string of Wampum.

" 1. Brethren : in the first place I am to acquaint you that your
Friend & Countryman John Penn, the Eldest Son of great Onas,
Died last Winter with a contented mind, and as his Death must
needs affect you as it did us, being you are sensible he always has
been a true friend to the Indians, I give you these Handkerchiefs
to wipe all your Tears."

Grave 12 Silk Handkerchiefs.

u2. Brethren: I also inform you that your Brother Governor
Thomas has left us and is gone to England, not out of any ill will
or disgust, but for the sake of his Health ; he has been ill ever
since the Treaty of Lancaster, the Doctors of this Country could do
no good to him, he is hopes that the Air of his Native Country and
the assistance of some skilful Doctor there will give him ease. He
went away a good friend of the People of Pennsylvania and of
his Brethren the Indians, and will do them what Service he can
when in England."

Laid a string of Wampum.

"3. Brethren: notwithstanding the Governor is gone, the same
correspondence will be kept up with all the Indians by the Presi-
dent & Council of Philadelphia ; they resume the same Power with
their President as if the Governor was here, and the body of the People
heartily joins them to keep up a good correspondence with all the
Indians, according to the Treaties of Friendship subsisting between
us. Your old and assured Friend James Logan is also in being
yet, although he layd aside all Public Business as to the White
People, in Indian Affairs he assists the Council and will not lay
that aside as long as he is alive & able to advise." In Confirma-
tion whereof I

Laid a String of Wampum.

"4. Brethren : there was a Trunk found in one of the Rooms
where your Friend John Penn used to Lodge when in Philadelphia,
with some Cloaths in it, and as he has been gone for several Years,
and the Cloaths were almost spoiled, your Friend, the Secretary,
changed them for new ones, and sent them up to me to give to the

PROVINCIAL COUNCIL. 85

Indians at Zinachson, to wear them out in remembrance of their
.good Friend & Countryman, John Penn, deceased."

Gave 10 Strow'd Match Coats and 12 Shirts.

" Brethren : I have at present no more to say."
June 17th, 1747.

After about 15 Minutes, Shikalamy made answer, directed his
Discourse to the President & Council of Philadelphia, and said :

" Brethren : We thank you for this kind visit. We longed- to
hear of you and to inform ourselves of the truth reported among
us; some few of us intended a visit to Philadelphia this Summer
for that purpose j we are pleased with what has been said to us, and
will give you a true account this Day of all what passes among
the Indians."

We then broke up for about an hour.

Then Shickalamy informed me, in the presence of the others
before mention'd, that in the beginning of last Spring some of the
*Zistagechroanu came to treat at Oswego with a Message from their
whole Nation, joined by the rest of the Indians about the Lakes of
Canada, to the Six United Nations, to the following purport, viz** :

" Brethren, the United Nations : We have hitherto been kept
like Prisoners on the other side the Lake, Onontio our Father
told us that if we should treat with the English he wou'd look upon
it as a breach of the Peace with him j now we come to let you know
that we will no more be stop'd from treating with your Brethren,
the English; We will join with you to support the House of
Oswego, where the Goods that the Indians want are so plenty. All
the Indians about the Lakes will join, and if need take up the
Hatchet against our foolish Father Onontio whenever you require
it ; his Goods are very dear, and he is turned malicious because he
sees our Women & Children Clothed fine in English Cloaths bought
at Oswego. We have already let him know that we want no more
of his advice, as we did formerly when we were Young, but that we
became now Men of Age, and would think for ourselves let the
consequences be what it will." In Confirmation of the above
Speech the said Deputies Laid several fine Tobacco Pipes adorned
with Wampum & fine Feathers.

" They had an agreeable Answer from the Six Nation Council.
The Six Nations have received Messages from other Nations to the
the same purport, all promising to engage in favour of the Six Na-
tions, and the House of Oswego.

" Shickalamy told me further that of late a Council was held at
Onontago by the Six Nations, in which it was agreed to send a Mes-

* The Zistagechroanu are a numerous Nation to the North of the Lake
Frontenac; they don't come by Niagara in their way to Oswego, but right
across the Lake.

86 MINUTES OF THE

sage to Canada of the last Importance, and that also a Message was
sent to Albany to desire their Brethren the English to tye their
Canoes or Battoes for a few Days to the Bushes, and not to proceed
in their Expedition against Canada till their Messengers came back
from Canada, which would clear up the Clouds, and the United
Nations would then see what must be done.

" Scaienties informs that a few Days before he came away from
Cayiucker (which was about the Twentieth Day of May last) a
Message arrived at the Cayiucker Country, and the Seneckers from
the Commanding Officer of the French Fort at Niagara, inviting
them two Nations to come and pay him a visit, and to receive a fine
Present which their Father Onontio had sent those two Nations, he
having understood that the large Presents he had made the Six Na-
tions from time to time were withheld by the Onontagers & Mohocks,
of whom he had been informed that they are corrupted by the Eng-
lish by which & what they had received from Onontio they had
enriched themselves & cheated the other Nations in Union with them.

" That some of the two Nations were actually gone to Niagara to
receive the Presents, and were set out the same Day when Scaien-
ties came away.

" Warr against the French in Canada was not declared by the Six
Nations when Scaienties came away, and it was, as yet, uncertain
when it would be done, at least not before the arrival of their Mes-
sengers, and perhaps not this Summer. The Sinickers and Cay-
iuckers are against it, the Mohocks are for it very much, the
Onontagers have declared in open Council last Spring, never to leave
the Mohocks, their eldest Brother and founder of the Union, the
Oneiders & Tuscarroros, the Onontager's Example.

" This is what Shikelamy & Scaienties assures to be true. The
Mohocks engaged themselves in the War against the French on their
own accord, without the Approbation of the Six Nation Council, they
having been over persuaded by their Brethren, some of the White
People at Albany, and by the force of Presents prevailed upon.
The Council of the Six Nations does not altogether like it, but
think it too Rashly of the Mohocks.

" Shikalamy and Scaienties wonder at the dexterity of the French
to have Intelligence of the Declaration of the Onontagers in Coun-
cil, and so soon had Presents at Niagara and a Message in the
Sinickers Country, but both say the Six Nations will after all stick
together, notwithstanding the Presents received from the French.

" The Five French Indian Traders that were killed on the South
side of the Lake Erie, have been killed by some of the Six Nations
(ihere called Acquanushioony, the name which the Six Nations give
their People, signifys a Confederate). Another French Trader has
since been killed in a private quarrel with one of the Jonontatich-
roanu, between the River Ohio and the Lake Erie — the French man

PROVINCIAL COUNCIL. 87

offering but one charge of Powder & one Bullet for a Beaver skin
to the Indian ; the Indian took up his Hatchet, and knock'd him on
the head, and killed him upon the Spot.

" This is all the news that can be depended on j several more
sWies I heard not worth while to trouble the Council with, as
there was no Confirmation of them.

u I am sorry to add that there are great Complaints against two
of our Traders; one is James Dunning, who is accused to have
stollen 47 Dear Skins and three Horses (or Mares), upon the
lieads of Joniady River; the circumstances are very strong; the
Indian from whom the Skins & Horses have been stollen is a
Delaware Indian, a Sober, quiet, and good natur'd man ; he was
down at my House with his Complaint, a few days before I set out
for Sbamokin. I sent him back again till I had learned the par-
ticulars, being I could not talk with him sufficient to find out the
Truth of the Story ; he was now with Shikalamy and renewed his
Complaint. James Dunning is gone down Ohio River, and will
stay out long; the Indian was content that I should inform the
■Council of his misfortune ; he not only lost his skins & Horses, but
pursued James Dunning in vain to the place call'd Canayiahagen,
on the South side of the Lake Erie, from thence back again to the
Place where he left the Skins, and from thence again to Ohio, but
all in vain, for he could not find or come up with James Dunning.

" The other Complaint was made by the same Indian against one
John Powle, a Liver on Sasquehanna River on the Indians Land
above the Endless Mountain, who is accused for stealing two Bun-
dles of -Skins from the said Indian whilst he was pursuing James
Dunning. He (the Indian) had sent his Brother down Joniady
River with the Skins they had left, and desired his Brother to leave
his two Bundles on the Island at such an Indians House, which ap-
pears this Indian did, and then fell sick at the House of the said
John Fowle and dyed there. Before he was dead John Powle
fetched the Skins from ike Island (he says by order of the de-
ceased), and paid himself of what the Deceas'd ow'd him, who had
Skins of his own sufficient to answer all his Debts and defray his
Expeitee ; and would pay what he wanted, notwithstanding the de-
ceased's Skins & his that is alive are all gone, and a very poor ac-
count John Powle gives of the whole. The Indians insist upon it
that he stole them.

" The said John Powle had also taken a very fine Grun in pawn
from the said two Indians for three Gallons of Liquor (Brandywine).
After the deceas'd paid him he did not deliver up the Gun, but
alledged that he lent it out, and endeavoured to cheat the Indian out
of it entirely. I sent a few Lines to him hj the Indian to come to
Joseph Chambers' to me and answer to the Same Complaint. He
appeared, but Laugh' d at the Indian ; but upon Examination I found
he was a Lier, if not a Thief, and offer'd his Oath to confirm a Lie

88 MINUTES OF THE

of winch lie was afterwards convinced by me. I then sent to Jus-
tice Armstrong to come and assist in the affair ; but we could not
do no more than to order John Powle to pay the Indian the value
of the Gun. As for the Skins we could do nothing. I for my part
am convinced he stole them, at least the most of them.

" A great deal of other Mischief has been done to some of the
Indians j some Horses have been taken on pretence of Debt, some-
times Skins belonging to a third Person, & so on.

" The Delaware Indians last Year intended a visit to Philadel-
phia, but were prevented by Olumapies weakness, who is still alive
but not able to stir ; they will come down this Year sometime after
Harvest, and by what I can hear Shikalamy along with them, &
there is no doubt but they will renew the above Complaint. Olima-
pies has no Successor of his Relations, and he will hear of none so
long as he is alive, and none of the Indians care to meddle in any
affair. Shikalamy advises that the Government of Philadelphia
should name Olumapies' Successor and set him up by their Au-
thority, that at this Critical time there might be a man to apply to
since Olumapies has lost his Senses and is uncapable of doing any-
thing. I have informed the Indians of what I thought was proper
both from Europe & America, and among other things that the
Northern Colonies had been informed that the Six Nations had de-
clared Warr against the French, & that thereupon they had resolved
to put a stock of Money & Goods together in some honest Gentle-
man's hands to supply their Brethren in every thing, & to take care
that their "Wives and Children should not want ; that the Govern-
ment of Pennsylvania had not seen cause yet to contribute some-
thing towards it, as doubting the truth of the matter, that the
Government of Pennsylvania being of a peaceable disposition from
the beginning of times, did not hitherto see cause to encourage
their Brethren, the Six Nations, to declare War against the French,
knowing their Brethren to be People of sound understanding and
Judgment, and will know best themselves what to do ; but if things
shou'd come to Extreames, that their Brethren the Six Nations'
Blood should grown warm against the French (who broke the peace
and shed the first Blood on the Governments of New York & New
England), in order to humble their Pride, the Government of Penn-
sylvania wou'd not fail to contribute handsomely towards their
Brethrens Support.

" This is what I have told them as from myself, according to
what I had learned from the Voice of the generality of the People
of Pennsylvania, both Gentlemen & Common People.

" CONRAD WEISER, Interpreter."

The Council judging Mr. Weiser's Report & Letters contained
several matters proper for Governor Clinton to know, as he was
now at Albany in Treaty with the Indians, the President was de~

PROVINCIAL COUNCIL. 89

sired to write a Letter on the subject, & to enclose an Extract of
such parts of Mr. Weiser's Report as were thought necessary.

At a Council held at Philadelphia, the 22d July, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Abraham Taylor, Robert Strettell, ")

Benjamin Shoemaker, Joseph Turner, V Esqrs.

Thomas Hopkinson, J

The Minutes of the preceeding Council were read and approv'cl.

Mr. Hopkinson informed the President that the Members of
Council in his absence had met, on an Express received the 13th
July from New Castle, and desir'd that as what had pass'd was re-
duc'd into writing, the same might be read and enter' d in the
Council Books ; and thereupon deliver'd sundry Papers, the Con-
tents whereof are as follows, viz1- :

Monday, 13th July, 1747.
An Express arriving from New Castle about 10 of the Clock this
morning, such of the Members of Council as were in Town imme-
diately met (his Honour the President being then on the River on
his return from New Castle), viz'- :

Samuel Hasell, Abraham Taylor, ")

Robert Strettell, Joseph Turner, V Esqrs.

Thomas Hopkinson, William Logan, j

The Letters received by Express were read in these words, viz1, :

" Gentlemen :

" This Moment Thomas Quant & a Son of Mr. Nandins informs
me a Company of French or Spaniards, to the Number of One
hundred or thereabouts, has Robb'd & Plunder' d the Houses of
James Hart & Edmund Liston and carried off all the valuable part
of their Negroes & other Goods, and its supposed they have done
so all the way from Lewis Town. This I thought my duty to let
you know ; You may depend its no false alarm. I am, in haste,
yours, &c._,

"Dd- WETHERSPOON.

"12 O'Clock Sunday Night,

"July 12th, 1747.
"To John Curtis & John Finney, Esqrs., at New Castle."

" May it please Your Honours :

" Inclosed is an Express which this Moment came to hand from
Mr. David Wetherspoon, which we judge our Duty to forward with

90 MINUTES OF THE

the utmost Dispatch. We are, Gentlemen, endeavouring to Arm
what Men we can on the occasion, & are, Gentlemen,

" Your very humble Servants,

"JEHU CURTIS,
"JOHN FINNEY.

"New Castle, July 13th, 1747, at 4 o'Clock in the Morning.

"For the Honoble. the President & Council of Pennsylvania."

Thereupon the Members of Council were unanimously of opinion
that some measures ought immediately to be taken for the Safety of
this Province & the assistance of the Government of the lower Coun-
ties, and as such Measures would be attended with some Expence,
for the defraying whereof no provision was made by Law, even in
Case of the greatest Emergency, the Publick Money being wholly
at the Disposal of the House of Assembly, which was not then sit-
ting, it was proposed and agreed that such of the Members of As-
sembly as were in Town should be sent for; That they should be in-
formed of the Contents of the said Dispatches, and that they shou'd
be desir'd to acquaint the Council whether they would Use their
endeavours with the Assembly at their next Meeting that the neces-
sary Expences on this occasion should be defrayed out of the Pub-
lick Money in their Disposal.

The said Members of Assembly being accordingly sent for, the
Speaker, Mr. Pemberton, Mr. Leech, Mr. Morris, and Mr. Trotter,
attended, and after Some time spent in a conferrence on this Subject,
the further Consideration thereof was referr'd to the Afternoon.

EOD. DIE, 3 o'Clock, P. M.

PRESENT I

Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Thomas Hopkinson,
William Logan, Esqrs., .

John Kinsey,

Thomas Leech,

Joseph Trotter,

James Morris,

Oswald Peele,

The Conferrence on the Subject matter of the Letters receiv'dby
Express from New Castle was resumed, and several Measures pro-
posed by the Members of the Council to the Members of Assembly
as necessary on this occasion, To which the Speaker answered,

- Members of Council.

i

Members of Assembly.

PROVINCIAL COUNCIL. 91

amongst other things, to the following purpose : That they knew
the Difficulties Men of their Principles were put under on these
occasions, That whilst they contended for their own the same Rea-
sons induced them to make allowances for the opinions of others;
That the Majority of the Council were not of their Sentiments, and
different conduct would be expected from them. On which it was
asked who would bear the Expence of what was necessary to be
done, & whether the Members of Assembly present would under-
take, the Assembly wou'd do it; to which the Speaker reply'd, that
none of them had any Authority from the Assembly, That therefore
their Acts could only be consider'd as those of private Men, that if
it was expected they were to make a bargain with the Council, &
that they the Council were to fitt out a Vessell & the Assembly
shou'd Pay them, they would not do it, that none of them cou'd
say what the Assembly would do, but that he the Speaker would
not deceive them, that he did believe whatever the Dangers were
some of them would Act up to their Principles, that if it depended
on his own vote he could not consent, that he would as soon accept
their Commission to go in Person against the Enemy, That whatever
was done must be the result of their own Judgments, not their Advice,
that tho' these were their Principles, yet those of great part of the
Province were of different, that whatever was done by the Governor
& Council or President & Council for the time being for the good
of the Province, tho' it were neither such as the Assembly wou'd
advise the doing of nor perhaps approve of when done, he did be-
lieve they would not be sufferers by, that tho' the Assembly might
decline entering into the particulars of such an Expence, yet they
would always shew so much regard for what was intended for the
benefit of the Province that they would make Compensation by the
Money given to Support the Government or otherwise.

It was then objected by one of the Council that perhaps the
measures they might propose to take might by the Assembly be
judged imprudent & the Expence refused to be paid on that account.
The Speaker answer' d that tho' he could not advise what to do, yet
if he observed any Inconveniencies like to arise on what was deter-
mined to be done he had no objection to pointing them so farr as
occurr'd to him.

He further observed to the Council, that what they proposed to
do was such as they judged immediately necessary for the defence
of the Province, or some steps necessary to be taken to prevent the
like attempts for the future. If the former, what they did would,
he judged, be favourably construed ; if the latter, it was too late,
though they should attempt, as he thought, to overtake the Enemy,
and that it would be more prudent to let what they were to do be
the result of their further deliberations; That if any such depre-
dations were committed as the Express mentioned, it must be plain
they had no intentions of doing Injurys higher up, otherwise they

92 MINUTES OF THE

would not have alarmed the people below; That what was done
was not done in this Province, and the Government here lay under
no obligations of doing any thing unasked; that the account received
was uncertain, and if true there would no doubt be further Expresses
one after the other, or if they were minded to be at a certainty, it
might not perhaps be amiss to send a Messenger to be informed of
the truth of the particulars, the Expence of which he made no
doubt the Assembly would pay; that on the return of this Express
they would be the better able to judge what was fit to be done, if
no other arrived in the meantime.

The said Members of Assembly being withdrawn, the Members
of Council prepared a Letter to Jehu Curtis and John Finney,
Esqrs., at New Castle, which was immediately sent by Express, in
these words, viz*- :

" Gentlemen :

" His Honour the President not being yet arrived your Letter by
Express came to our hands at 10 o' Clock this morning, since which
we have received no further Account of the matters therein men-
tioned.

"We wait the Arrival of our President, whom we hourly expect,
when such measures as are in our Power will be taken ; in the mean-
time we desire you would be pleased to acquaint Us by Express
whether the accounts we have received from You have been con-
firmed, and of every other Fact relating thereto that you shall think
material and well attested.

" "We are, Gentlemen, Your very h'ble Serv'3-'

"THOMAS LAWRENCE,
"For self & the rest of the Members of Council.
"Philada., 13th July, 1747."

Mr. Logan acquainting the rest of the Members of Council that
he had been informed of a Design lately projected by some Spanish
Prisoners, Negroes, & others to run away with a Ship's Boat in this
Harbour, which, if put in Execution, might be attended with dan-
gerous Consequences, especially if they shou'd join our Enemies,
now supposed to be in the River, and give them Intelligence of our
defenceless state, whereby they might be encouraged to come fur-
ther up, Mr. Strettell & Mr. Logan were appointed to wait
on the Mayor and acquaint him therewith, and to desire he would
give the Watch a particular Charge to attend the Wharfs in order
to prevent the Execution thereof.

Two Vessels going to England, the Board were unanimously of
Opinion that accounts of the several Publick Matters that had been
before the Council since the Departure of Governor Thomas, par-
ticularly those relating to Flaggs of Truce & the late bold Act of

PROVINCIAL COUNCIL. 93

the Spanish Privateer in Plundering Liston's & Hart's Plantations
shou'd be transmitted to the Proprietaries.

Order' 'd, That the Secretary make two fair Copys of the Minutes
of Council for the Proprietaries.

Mr. Taylor, Mr* Shoemaker, & Mr. Hopkinson are appointed a
Committee to write to the Proprietaries on this occasion.

At a Council held at Philadelphia the 27th July, 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, 1

Abraham Taylor, Robert Strettell, I -™

Benjamin Shoemaker, Joseph Turner, ( *

Thomas Hopkinson, j

Mr. Taylor laid before the Board the Draught of a Letter to the
Proprietaries, to be sign'd by the President £ Council pursuant to
the last Minute, which was read and approved :

"Sirs—

" As the Administration of the Government, upon Coll0- Thomas'
Departure, devolved upon the Council, the President in his Letter
of the 1 8th Instant, acquainted You therewith ; But as that Letter,
for want of Conveyance, has not yet been sent, he takes this oppor-
tunity by Captain Mesnard to transmit it to You, and we desire
you wou'd please to be referred to it for the first step that was
taken.

" As we have not yet received any of your favours, nor have any
Instructions to regulate our Conduct by, and as your own Secretary
will acquaint You with the State of your other Affairs, relating as
well to the Province as the Counties, we beg leave to refer You to
his Letter for the particulars, and shall not trespass further upon your
time than just to lay before You the procedings of the Council, which
will give You a more particular Information than any thing we can say
in a Letter upon such Events, tho' at the same time we think it our
Duty to acquaint You that the coming of our Enemies up to this
very City, under the Sanction of Flaggs of Truce, & the boldness
of a French or Spanish Privateer continuing for some time between
the Capes, & manning a Pilot Boat & Plundering 2 Plantations 4
Miles above Bombay Hook, added to the defenceless Condition we
are in, have encreased many People's uneasiness, and the want of a
proper power to pass Laws must in such a critical Conjuncture be
look'd upon to be a very great Misfortune, and such a Defect in the
G-overnment as stands in need of the most speedy Remedy, which
You are sensible is not in our Power to Apply. You may however
rest assured no care or endeavours of ours to preserve the Internal

94 MINUTES OF THE

Peace of the Province shall be wanting, tho' it will require a trmeli
abler & more skilful Hand to remove or prevent a Return of the
external disorders, and we sincerely wish your Affairs in England
wou'd permit you to come over and undertake the cure.

" The Governor at his Arrival will undoubtly give you a par-
ticular Account of the State of the Province, and we have the satis-
faction to acquaint You that every thing remains pretty near in the
same Condition as when he went away. If there be any thing that
you think requires the more immediate care or particular attention
of the Council, we desire you wou'd be pleased to signifie your plea-
sure therein. You may be assured of our real and sincere incli-
nations to discharge the Trust reposed in us to Your & the Country's
Satisfaction, and that we are with the most unfeigned Esteem and
Regard,

" Honour'd Sirs,

" Your most obedient humb. Servts"

"ANTHONY PALMER,
"THOMAS LAWRENCE,
"SAMUEL HASELL,
"ABRAHAM TAYLOR,
"ROBERT STRETTELL,
"THOMAS HOPKINSON.
"Philada'> 29th July, 1747/'

Ordered, That the Secretary prepare fair Copies of such Depo-
sitions as shall come to his hands relating to the Conduct of the
Spanish or French Privateers, that in case they come time enough
they may be sent to the Proprietaries with the Minutes of Council.*

The President laid before the Board a Letter from John Reading,
Esqr,) President of the Province of New Jersey, requesting that he
would be pleased to cause to be delivered to the Bearer the Under
Sheriff of Middlesex County, in East Jersey, a certain Henry Bos-
Worth (Apprehended in this Province by the Sheriff of Bucks
County, by virtue of a Writ that issued out of the Supreme Court
at the instance of the Chief Justice of New Jersey, there being a
charge exhibited against him there for counterfeiting Peicesof Eight),
in order that he may be convicted in that Province where the Wit-
nesses live & where the fact was committed, & on considering the
same the President is desir'd to inform himself of Mr. Kinsey, in
what manner Mr. Reading's Request may be best complied with,
& to take this opportunity of informing Mr. Reading of what has
been done in this Province k at Lewes with respect to Pilots, &
desiring the Pilots of that Government may be laid under the same
or as effectual Restrictions.

* See Minute of the 25th Sept., 1747.

PROVINCIAL COUNCIL, 95

At a Council held at Philadelphia the 10th August, 1747,
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Abrah1"- Taylor, Benjamin Shoemaker, \ «

Robert Strettell, Thomas Hopkinson, j ^sclrs'

Mr. Taylor & Mr. Hopkinson are appointed a Committee to draw
up a Speech to be made by the Council to the Assembly at their
Meeting.

At a Council held at Philadelphia, 17th August, 1747.

PRESENT :

The Honoble, ANTHONY PALMER, Esqr., President,
Thomas Lawrence, Samuel Hasell,

Esqrs,

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson,

The Minutes of the two preceeding Councils were read & ap*
prov'd,

Mr Taylor & Mr. Hopkinson having, in pursuance of the last
Minute of Council, prepar'd the Draught of a Speech to be made by
the Council to the Assembly, the same was taken into Consideration,
& being read Paragraph by Paragraph, it was Settled, k unani-
mously agreed to, & the Secretary was order' d to transcribe it fair.

David Cochran and John Glenn on behalf of themselves & sundry
others, having on the 26th June last presented a Petition, wherein
they complain of Job Ruston, Esqr" one of the Justices of Peace
for Chester County, which was ordered to be heard on this Day, the
Council wou'd have proceeded to the Examination thereof, but
being informed that some of the Petitioners were absent, the Council
adjourned to 4 o' Clock in the afternoon, at which time all Persons
concern' d were to have notice to be present,

P. M-

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., Preside
Thomas Lawrence, Robert Strettell, ")

Benjamin Shoemaker, Joseph Turner, v Esqrs.-

Thomas Hopkins, . j

The Petitioners & Mr. Ruston attending, they were called in,
David Cochran presenting to the Board a Paper containing several
Charges against Justice Ruston, the Council proceeded to the Exam-

90 MINUTES OF THE

ination thereof, but Night coming on before the whole cou'd be
heard, they adjourned to 10 o' Clock next Day.

At a Council held at Philada., 18th August, 1747.
present :

The Honobl. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, ~\

Abraham Taylor, Robert Strettell, * v Esqrs.

Joseph Turner, Thomas Hopkinson, )

The Secretary having prepared a fair Copy of the Draught of the
Speech to be spoke by the President to the Assembly, the same
was read, & Mr. Strettell & Mr. Hopkinson were appointed to
carry the following Message to the Assembly, Viz. : That the Presi-
dent & Council being met, desir'd the Attendance of the Speaker
& the whole House immediately in the Council Chamber. These
Gentlemen being returned, report they delivered the said Message,
& were told by the Speaker that the House wou'd take into Consid-
eration & forthwith give their Answer, & that in a very short time
they received for Answer that the House wou'd immediately wait
on the President & Council as was desir'd ; and accordingly the
Speaker, with the whole House, attending, the following Speech
Was spoke, viz'- :

u Mr. Speaker & Gentlemen of the Assembly :

" As upon our late Governor's Departure for England for the
Recovery of his Health', the Administration of the Government (by
an Act pass'd in the 10th Year of Queen Ann, entitled ' an Act for
the further securing the Administration of the Government*), de-
volved upon the Council, We have pursuant thereto taken upon Us
the Execution of that Trust.

" As this important Charge hath fallen to our Lett in a very
tempestuous Season, we are sensible of the Trouble & Difficulties
that must attend the Execution of it, and heartily wish some one
Person of known Integrity and Abilities had the Administration j
but as that (how desirable soever) cannot be immediately accom-
plished, we shall endeavour to supply the want of it by a just and
impartial discharge of our Duty according to the best of our Judg-
ments; and when it is considered how closely our several Interests
are connected with those of the Publick, the Obligations we are
under by the Ties of our Families, Friends & Neighbours, We think
none can doubt of our Zeal and sincere Intentions for the welfare
of this Province.

" We have Published our Proclamation for the continuing all
Magistrates & Officers in their respective Offices, requiring them to

PROVINCIAL COUNCIL. 97

proceed in the exercise of their respective Trusts to prevent any
failure or defect that might otherwise arise from this Change in the
Government.

"Just before the Governor's Departure he received from the
Council office a Repeal of an Act of Assembly passed in the 16th
Year of his present Majesty, entitled (An Act imposing a Duty on
Persons convicted of heinious Crimes, &c.,' which we have ordered
to be laid before You.

" We have received a Letter from Governor Shirley informing
Us 'That divers Parties of Indians were then out, & others daily
offering their Service to the English, which is a matter of great &
universal Concern to the welfare of all his Majesty's Colonies upon
this Continent; and that if this spirit which seem'd thoroughly
raised, and had been to that time kept up, was cherished and pro-
perly managed and directed, it might by the blessing of God prove
of unspeakable Benefit for the safety of His Majesty's Colonies in
North America.' We also receiv'd another Letter from him wherein
(after representing the Danger which all these Colonies are in of
being destroyed by the French and the Indians under their influ-
ence, without a firm Union between ourselves for our mutual De-
fence), he acquaints Us ' That he had appointed Commissioners to
meet in a Congress to be held at New York on the Second of Sep-
tember next with such Commissioners as should be appointed by all
his Majestie's Governments from New Hampshire to Virginia inclu-
sive, there to treat and agree upon Measures for encouraging the
Indians of the Six Nations vigorously to prosecute their Incursions
on the Enemy, and pressing Us to make Provision for them till the
Congress can be held.' Thereupon we dispatched Conrad Weiser,
the Provincial Interpreter, to Shamokin to sound ithe Indians, and
get the best Information he cou'd of their Sentiments, which he ac-
cordingly did, and sent us a Report of his proceedings with his opin-
ion; which with Governor Shirley's Letters we have ordered to be
laid before you as well deserving your most Serious Consideration,
since they contain matters of very great Importance to the safety of
this as well as the rest of his Majestie's Colonies on the Continent.
Govr* Shirley presses earnestly for an Answer, but as we could not
take upon Us to enter into any Engagement on behalf of this Gov-
ernment without your concurrence and Assurance of enabling us to
perform them, we deferr'd it till this Meeting of your House, and
desire your Resolutions, that we may acquaint him therewith, and
how far he may depend on the Assistance of this Government in
concerting & executing such Enterprizes and Plans of Operation as
the common Interest may require.

" The Indians seated on Lake Erie & on the Inomoy Creek, that
runs into that Lake, being part of or in alliance with the Six Na-
tions, said by the Indian Traders to be numerous and People of
consequence, have sent Messages to this Government, which will
Vol. v.— 7.

98 MINUTES OF THE

be delivered for your perusal. As they are desirous to be taken,
into Friendship, and it may be of great Service to encourage such
Applications, you will enable us to make them proper Presents.

" You will find by Mr. Weiser's Report that some complaints have
been made by the Indians of several Injuries done them by White
People, which deserve your particular Notice, and, if true, require
that some reparation should be immediately made.

" Some Indians are expected to arrive in Philadelphia during your
Recess, which will occasion some Expence in their Maintenance and
in Presents. You will, therefore, give Orders to the Treasurer to
pay all such Sums of Money as shall be by you deemed necessary
for those purposes, as well as to defray the Expences the Provincial
Interpreter has been at in his Negotiations with them ; and that a
suitable Reward be allowed him for his Trouble & Service. He
attends in Town by order of the Council to the end you may be
more particularly informed from him of the present Situation of the
Indians & their Affairs.

" The Council apprehending some Inconveniences from our Ene-
mies coming into the Port of Philadelphia under the Sanction of
Flags of Truce, as they hereby have an opportunity of making
themselves better acquainted with the Bay and River of Delaware,
have published a Proclamation prohibiting all Pilots from bringing
up any such Vessells within the Limits of this Government without
Leave first obtained for that purpose, and have like wise recom-
mended to the Government of the Lower Counties the laying their
Pilots under proper Restrictions, which was accordingly done. "We
have also wrote to the Government of New Jersey to the same pur-
pose.

" A notorious insult hath lately been committed in New Castle
County by an inconsiderable party of French & Spaniards in con-
junction with some Englishmen, Tray tors to their King and Coun-
try, and who we are informed have dwelt in this City and are too
well acquainted with the Condition of it. After having had the
Boldness to come up the whole length of the Bay and part of the
River even within about 18 Miles of the Town of New Castle, they
there plundered two Plantations, the Owner of one of them they
bound and abused and dangerously wounded his Wife with a Mus-
ket Ball, carrying off their Negroes and Effects to a considerable
value. On their Return they met with a valuable Ship in the Bay,
bound to this Port from Antigua, which they likewise took and car-
ried off. The Circumstance of this Affair you will be more particu-
larly inform' d of from the Depositions and Papers we have or-
dered to be laid before You.

" This Instance of the Boldness of our Enemies, increased by
the Success they met with, together with some Expressions which
fell from them importing a thorough Knowledge of our defenceless
State, and a Design of shortly paying this City a visit, must afford

PROVINCIAL COUNCIL. 99

but a melancholy prospect to peeople in our Circumstances, and de-
mand a very particular attention. The Length and Difficulty of
our Bay & River seem now no longer to be depended on for our Se-
curity since our Enemies in all probability are but too well ac-
quainted with both. The Terror and Confusion, the Ruin of vast
numbers of Families, the Destruction of Trade, the Bloodshed,
Cruelty, & other fatal Consequences which must unavoidably attend
the plundering or burning this City, are too obvious to need a Dis-
cription. Is it not then absolutely necessary for the security of this
so valuable a part of His Majesty's Dominions, & the preservation
of the Lives and propertys of the Inhabitants, that some Method
should be fall'n upon to prevent the Evils which threaten Us, and
to which we lie exposed. We assure you on our parts we shall be
always ready to concurr with you in every measure that may tend
to the Safety, Peace, and Happiness of the People of Pennsylvania,
and as a perfect Harmony among the several parts of the Govern-
ment must greatly contribute to these Ends, You may depend on
our sincere Endeavours to cultivate and promote it to the utmost of
our Power/'

The Secretary having delivered a Copy of the above Speech to
the Speaker, the House immediately withdrew.

The Council resum'd the Examination of the Complaints against
Justice Ruston, which were left unfinished last Night, and after
hearing the whole Charge & all that was offered in support thereof,
the Board was of opinion that the several Charges exhibited by the
Complainants against Mr. Ruston were frivolous & malicious, none
of them amounting to a breach of his Duty in the execution of his
Office as a Magistrate, and therefore the Petition is dismiss'd.

A Petition of G-eorge Gray, Keeper of the Lower Ferry over
Schuylkill on the Road from the City of Philadelphia to Chester, &
of others using the said Road, was presented to the Board, shewing
That the said Road leading from the South Street of the said City
over the said Ferry to Cobb's Creek Bridge near Darby, in the
County of Chester, had, time out of mind, been the only old <k
accustom'd Road to Darby, Chester, New Castle, and the Lower
Counties. That the Inhabitants of the Township thro' which the
same Road passes, not doubting its being a Recorded Road had
hitherto duly prepared & amended the same, but being apprized that
it either has not been regularly recorded, or that the Record thereof
cannot be found, so that they are not oblig'd to repair the same or
contribute thereto, the said Road is at present much out of repair
and growing worse, will in the Winter become impassable or danger-
ous to travel with horses or Chaises or other Carriages, unless repair'cL
immediately; And therefore pray that the Council wou'd be pleased'
to grant an order for the Survey & Recording of the said Road, or
give such other Order or Warrant concerning the same as the na-
ture of the case may require.

100 MINUTES OF THE

And likewise another Petition relating to the said Road was pre-
sented to the Board, sign'd by the Commissrs- and sundry Inhabi-
tants of the County of Chester, shewing that Whereas it appears
after strict search made that there are divers parts of the King's
Road leading from Cobb's Creek Bridge over Chester Bridge to the
Line of New Castle County, not to be found upon Record or any
return thereof made, therefore as well for the Benefit of the Pub-
lick as the satisfaction of private Persons, likewise for the erecting
of Bridges and repairing the said High Way, the Petitioners hum-
bly crave the Council will be pleas'd to take the same into Consid-
eration, and appoint proper Persons to lay out such Parts of the said
Road as are deficient.

As the Road mention'd in the Petitions is an antient Road, in
use before the Grant of the Province, the Board thinks there must
have been some Orders of Council made about it, & therefore post-
pone the Consideration thereof till the Council Books be well
search' d by the Secretary, &, it be known what Orders have been
formerly given.

At a Council held at Philadelphia, 20th August, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, 1

Robert Strettell, Joseph Turner, > Esqrs.

Thoma3 Hopkinson, J

Captain Ricks, Commander of the Ship Vernon from Rotterdam,
but last from Leith, in Scotland, & Mr. Stedman, waiting without
were called in, & inform' d the Board that the said Ship Vernon,
having on board a great number of Foreigners from Switzerland &
the Palatinate, came to an Anchor last Night below Wicaco, & pray'd
an order might be given to two Doctors immediately to examine
their State of Health, and that they might have leave to come up
to the City & land their Passengers.

An Order was immediately sent to Doctor Thomas Greme and
Doctor Thomas Bond, & in case they shou'd Report that there was
no Sickness among the Crew or Passengers; the Captain had leave
to proceed to the City & to land his People.

PROVINCIAL COUNCIL. 101

At a Council held at Philadelphia the 25th August, 1747.

present :
The Honoble. ANTHONY PALMER, Esq., President.

Thomas Lawrence, Samuel Hasell, ^

[►Esqrs.

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson, J

The Minutes of the two preceeding Councils were read and ap-
prov'd.

Two Members of Assembly deliver'd the following Message from
the House :

To the President & Council from the Assembly.

" May it please the President & Council :

" As by the Act of Assembly pass'd in the 10th Year of the
Reign of the late Queen Ann, to which You are pleased to refer us,
the Powers of Legislation necessary in every Government are ta-
ken from us during the Absence of our Governor, we agree with
You in Opinion, " it were to be wished that some one Person of
known Integrity & Abilities had the Administration/' but since
this, as You well observe, how desirable soever is not immediately
to be expected, the Declarations you are pleased to make of your
Zeal & sincere Intentions for the welfare of the Province, and of
executing the Trust devolved on You in a just and impartial man-
ner, are very acceptable to us.

" The Proclamation you have been pleased to issue for the con-
tinuance of all Magistrates & Officers within this Government, and
your requiring them to proceed in the exercise of their respective
Trusts as it hath been usual on like occasions, and may have pre-
vented Doubts that otherwise would have arisen, was, we think, a
prudent Step, whether in strictness of Law such a Proclamation
was absolutely necessary or not.

" By the Order of the King in Council which was directed to be
laid before us, we observe the Act for imposing a Duty on Persons
convicted of heinous Crimes, &c, last passed, is repealed; & by a
Letter from our honourable Proprietor Thomas Penn, Esq1"-' we are
informed the Report from the Lords of Trade & Plantations to the
King in Council advised the Repeal of all the former Acts past on
like occasions, but this, on the kind Interposition of our Proprie-
tors, is for the present forborn, and the last Act only repealed, by
which means the former stands revived. But since Exceptions
have also been taken against this Act as not consistent with some
late Acts of Parliament, it will, we think, be necessary on the Ar-
rival of our Governor to revise & amend it so as to make it more
conformable to the Sentiments of our Superiors.

102 MINUTES OF THE

" The Accounts sent by Governor Shirley, on the Report of the
Persons he employed with the Indians of the Six United Nations,
we observe differ much from those given by our Indian Interpreter,
from which last, and as we take it most authentick Account, it
appears these Indians have not hitherto joined in a Declaration of
War against the French. And as there is reason to believe the
Expedition against Canada is now laid aside, and that the Forces raised
to that end will be disbanded, it is not to be expected the Indians
of the Six Nations will involve themselves further in the War ; &
therefore, had we no other reasons to induce Us, we are of opinion
the Congress proposed in September next at New York can be of
little avail. It is, nevertheless, our Sentiments, conformable to
the Practice of this Government since its first Establishment, that
great Care should at all times be taken to preserve the Friendship
& good Correspondence which at present subsists between us and
the Indians, that the Injuries of which they complain should be en-
quired into & speedily redress'd ; And as it is highly probable they
are at this time in necessitous Circumstances, we think a Present
ought to be made them, and shall, therefore, before our rising make
the Provision necessary to this End, as we shall likewise do for
Payment of the Interpreter & maintenance of the Indians expected
here during our Recess. We are further of Opinion, that if on
Enquiry the Persons against whom the Indians complain appear to
be guilty of the Crimes laid to their Charges, they ought to be pro-
secuted & punished as the Law in such Cases directs, besides being
oblig'd to make the Indians Restitution if they are able, & if not
able, that Compensation should be made them out of the Money
we intend to provide for Presents. The Plundering of the two
Families in New Castle County is indeed an Instance of the Bold-
ness of our Enemies, but we think it will be difficult, if not im-
possible, to prevent such Accidents"; the Length of the Bay and
River, & the scatteringness of the Settlements below, must ever,
while thus Circumstanc'd, render them liable to Depredations. It
is equally difficult to guard against the wiles of an Enemy. The
Ship which You inform us was taken near the Entrance of our Bay,
we observe from the Papers laid before us was a Yessel of Force,
her Captain and Men willing and probably able to have defended
her & to have taken their Enemy. But the Captain, deceived by
the appearance of a Pilot and Pilot Boat known to him, and which
he wanted to conduct him up the Bay, suffer'd the Boat to come
along side of his Yessel, and thereby gave an opportunity to a
number of Armed Men which lay hid to jump on board, & by
this Stratagem to prevail against superior Force. This render' d
the Steps you have been pleas'd to take in respect to Pilots both
prudent and necessary; but what further can be done to prevent
the like for the future we do not see. If any thing be necessary
your Sentiments in this Affair will, we think, be as properly laid
before the Assembly of the three Lower Counties in which Gov-
ernment these Accidents happen'd as before us.

PROVINCIAL COUNCIL. 103

u The Depositions you were pleased to direct to be laid before us
mention the Conjectures of the Persons deposing that the» Privateers
intended a Descent somewhere near our Coast; but this time hath
discover'd to be their mistake. The Depositions also mention some
of their Threats against this City; But these rather appear to us as
so many Bravados than what they either really intended or had the
Power to do. We, therefore, could have wished you had been
pleased to have spared that part of the Speech which mentions the
defenceless State of the Province, and the Consequences which might
attend the plundering of the City; the tendency of which, in our
Opinion, is rather to beget or Augment Fears than to prevent those
Dangers which thro' the favour of Providence we have hitherto
escaped. Besides, as this Speech from the President & Council may
be sent beyond Sea, if it should fall into the Hand of our Enemies
it may possibly induce them to make an Attempt they otherwise
would not have thought of. We may also add, that the Defence of
the Province hath been a matter already much controverted, and you
cannot be unsensible of the different Sentiments of our late Gover-
nor and former Assemblies, nor of the Difficulties they & we have
been & yet are under on this Account, altho' neither they nor we
look upon the Province in so defenceless a Condition as it then was
& now is represented; nor can we understand on what Grounds You
are pleased to alledge the Length & Difficulty of the Bay are now
less Security than heretofore; nothing in the Papers laid before us
carry any Evidence, that we can discover, in support of this Allega-
tion. And were we under no Restraint from the Principles pro-
fess'd by most of us, it would not be an easy Task to persuade
us that the measures which have been proposed for the Defence
of the Province, either by erecting Fortifications or building Ships
of War, would be of any real use to the Province. The Charge
which must have arisen would have been great, the Benefit uncertain
and small. And if you will be pleased coolly to reflect on the several
Applications which have been made to former Assemblies & to Us
for Granting of Money on this Account, on the several Expeditions
against Carthagene, Cape Breton, & Canada, you must have Reason
to be of our opinion, that had they been Complied with it would
have brought such a Burthen upon the Province as it would scarce
have been able to bear. And were all these Difficulties removed,
the Application to Us at this Juncture is not the best timed when
our Treasury is low, and You as well as we know that if the Re-
straint put upon us by the Act of Assembly to which You are
pleased to refer us be binding, it is not in our Power to join in the
making of any one Act whatsoever. We desire You will excuse
this Freedom, which the part of Your Speech now under Considera-
tion render'd necessary, and would not otherwise have been our
Choice, for we are clearly of Opinion with You that a perfect Har-
mony among the several parts of Government must greatly contri-
bute to the Safety, Peace, & Happiness of the People of Pennsyl-

104 MINUTES OF THE

vania j And we shall be pleased with every opportunity, consistently
with our Judgments, to shew the President & Council how heartily
we are disposed to promote & cultivate it.

" Sign'd by Order of the House.

"JOHN KINSEY, Speaker.
"6th Mon. 25th, 1747."

It was recommended to the President to write to Governor Shirley,
& send him such Extracts of such parts of the above Speech & Mes-
sage as related to him.

At a Council held at Philadelphia the 31st August, 1747.
present :

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, ~)

Robert Strettel, Benjamin Shoemaker, > Esqrs.

Thomas Hopkinson, )

The Captain of the Scarboro' Man of War having advertized his
Sailing from New York for England, the Board are of opinion that
Copys of the Council's Speech & the Assembly's Message, with a
proper Letter on the occasion, shou'd be sent by him to the Proprie-
tors.

Order' d, That the Secretary prepare such Copys & Letter against
Thursday, to which time the Council adjourn'd.

Some of the Members moving that the Council's Speech & As-
sembly's Message might be printed, & some diagreeing, the Consid-
eration thereof was referr'd to the next Council.

At a Council held at Philadelphia 3d September, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, >

Abraham Taylor, Robert Strettell, f- Esqrs.

Thomas Hopkinson, J

The Secretaire's Letter to the Prop"*' wrote in pursuance of the
last Minute of Council, was read and approv'd.

The Board postpon'd the taking into Consideration the printing
of the Council's Speech and of the Assembly's Answer to a fuller
Board.

A Petition was preferr'd by Hugh Bruslam, a Prisoner in Phila-
delphia County Goal, setting forth that in June Term last he was

PROVINCIAL COUNCIL. 105

convicted of Horse Stealing & fined the Sum of Ten Pounds, which
he prayed might be remitted as he was unable to Pay it.

No Magistrate having recommended him as a proper Object of
Compassion, & no Member of the Board knowing any thing of his
Tryal or the Circumstances attending his Conviction, the Petition
was for these reasons rejected.

At a Council held at Philadelphia, the 7th Septr-» 1747.

PRESENT *.

The Honourable ANTHONY PALMER, Esqr., President.
Abraham Taylor, Robert Strettell, ") ™

Thomas Hopkinson, William Logan, j S(*rS"

The Secretary having searched the Council Books & found therein
sundry Orders relating to the Road leading from Philadelphia to
Newcastle, the same were read, but as there was a thin Council the
Consideration thereof was postpon'd to the next day.

Captain Huston, an officer in Coll0- Shirley's Regiment, attending
without being call'd in, he prayed the Assistance of this Board with
respect to the Execution of some orders he had received from Gov-
ernor Shirley, which orders he produc'd, together with an Extract
of a Letter wrote by the Duke of Newcastle to Governor Shirley,
& then withdrew.

One of the Members said he had been Recruiting here a long
while, & as it was not known whether he had the leave of the Gov-
ernment for so doing, it was his opinion that previous to the Con-
sideration of his Application he shou'd be ask'd by what authority
he Recruited in this Province ; the Captn' being gone away the
Board

Ordered, That the Secretary know of Captain Huston by what
Authority & how long he has been Inlisting Men in this Province.

At a Council held at Philadelphia, 8th Septr'' 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Thomas Hopkinson,

William Logan,

One of the Members moved that as there was a pretty full Board
it might now be determined whether the Council's Speech to the
Assembly & their Message in Answer shou'd be Printed & put into

Esqrs.

106 MINUTES OF THE

the next News Paper or not, & on putting the Question it pass'd in
the Negative.

Information being given to some of the Members of Council that
the Ship Euryale, Captain Cox, who arrived here last Night from
Barbadoes, was a Sickly Vessel, & ought to be removed from the
City, Captain Cox was order'd to attend the Council, & being come
and examined he gave this Account, viz. : that the Island of Bar-
badoes was very Sickly, that one of his Sailors fell sick in the Pass-
age & recovered, that another Man fell sick & dyed after a short
illness, & his People (for he did not care to visit him himself) be-
leiv'd he dyed of the Yellow fever; that this was twenty Days ago,
having then been ten Days from Barbadoes ; that except a Gentleman
Passenger who had a Constitutional weakness all the Persons on
board were in good Health.

The Board considering that by the late Accounts from Barbadoes
there was a very infectuous Distemper of which numbers Dyed, and
that the Season of the Year continued unusually warm, they or-
dered the Secretary to prepare a Warrant, to be signed by the Presi-
dent, to command Captain Cox forthwith to remove his Ship to the
distance of at least one Mile from the Southernmost part of the
City of Philada-' and there remain till further Order — taking espe-
cial Care not to break bulk nor to suffer any Goods to be carried
ashore out of the said Ship.

Mr. Lawrence presented a paper sign'd by the Justices of the
Peace for the County of Philadelphia at their Court of Quarter Ses-
sions, recommending Mr. John Lawrence, Mr. James Read, & Mr.
Robert Greenway to the Council, in order that one of them might
be nominated to serve for Clerk of the Peace of the said County
in the room of Mr. Andrew Hamilton, deceased.

Order'd, That a Commission be forthwith made out to Mr. John
Lawrence to be Clerk of the Peace for the said County of Phila-
delphia.

u By the Honoble. the President & Council of the Province of Penn-
sylvania.

" It appearing on Your Examination before us that the Island of
Barbadoes at the time you took your departure from thence was
very sickly, and that one of your Sailors dyed on board your Ship
in the Passage, and that there is reason to believe he had the Yel-
low Fever, You are hereby strictly ordered and commanded to cause
your Vessel, now lying at Mr. Allen's Wharf, immediately to be
removed to the distance of at least one Mile from the Southernmost
part of the City of Philadelphia, and there to remain till our further
Order — You taking especial Care not to break Bulk, nor to suffer
any thing to be brought ashore from the said Ship. Hereof fail not

PROVINCIAL COUNCIL. 107

at your Peril. Given under my Hand & the Lesser Seal of the
Province of Philada- aforesaid, this 7th Day of Septr,> 1747.

" ANTH. PALMER.

" To Captain John Cox,

" Commander of the Ship Euryale."

The Board resuni'd the Consideration of the Petitions relating to
the King's High Road leading from the City of Philadelphia to the
Town of New Castle.

The Secratary reported that he had examin'd the Council Books
& found therein several Orders of Council for the laying out the
several Parts of the said Road, and likewise the Record of a Return
of that part of the said Road which lies between Darby & Chester,
& gave it as his opinion that tho' there were no Returns of the other
Parts of the said Road to be found on Record, yet that the whole
Road had been actually laid out by order of the Council, and that
it might reasonably be presum'd the Returns thereof had been given
to the late Secretary Patrick Robinson, & that he had omitted to
enter them in Council Books ; That the Papers of the said Patrick
Robinson, Publick as well as Private, coming into the Hands of
his Wido' upon his Decease, many of the Papers belonging to the
Secretaries Office were lost & destroyed, of which these Returns
might be some.

The Board, on reading several Orders of Council for the laying
out particular parts of the said Road, & likewise the Record of the
Return of that part of the said Road which lies between Darby &
Chester, and considering that the Road is an antient Road, & being
of opinion that altho' several of the Returns thereof do not appear
on Record & are not now to be found, yet that the whole Road had
been regularly laid out as now used, & that it wou'd be unjust &
very inconvenient to the Owners of Lands abutting thereon to make
any Deviation or Alteration from the present Courses thereof;
Therefore, to the end that the said Road may be now regularly re-
corded, It is Ordered, That the said Road shall be Resurveyed and
laid out according to the Courses it now runs, beginning at the
South Boundary of the City of Philadelphia, and from thence ex-
tending to the Lower Ferry, and from thence to Darby Creek, and
from thence by the Courses described in the recorded Return made
in the Year 1706 (a Copy whereof is to be deliver' d to the Persons
hereafter named for their Direction) to Chester Bridge, & from
thence by the present Courses thereof to the Limits of New Castle
Government.

And it is further Ordered, That Septimus Robinson, Esqr., Hugh
Roberts, James Coultas, John Bartram, Mathew Moss, Charles
Justis, Nathan Gibson, or any five of them, view & lay out by
course and distance that part of the said Road which runs thro' the
County of Philadelphia; And that Caleb Cowpland, Esqr., Joseph

108 MINUTES OF THE

Parker, Esqr., Joseph Bonsell, Esqr., Samuel Levis, James Mather,
John Davies, Peter Dicks, Thomas Pearson, & John Sketchley, or
any five of them, do then join the above-named Persons of Phila-
delphia County, or any three of them, in continuing to lay out as
aforesaid the said Road from the Division Line which parts Phila-
delphia County from Chester County to the Limits of the County
of Newcastle, they taking to their Assistance the Surveyor General,
and that they carefully lay out the said Road and make Return
thereof to this Board on or before the first Day of October next.

At a Council held at Philada., 9th Septr-' 1747.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Robert Strettell, 1

Abraham Taylor, Samuel Hasell, ( -™

Benjamin Shoemaker, Thomas Hopkinson, [ "

William Logan, J

The Minutes of the five preceding Councils were read and
approved.

Mr. Taylor inform'd the Board that several of the Inhabitants of
the City had been with him to complain that Captain Cox's ship lay
still near the City, & that he not only refus'd to obey the Order of
the President & Council, but used contemptuous Language toward
them, & that Mr. Edgar, one of the Persons who heard Captain
Cox give this opprobious Language, attended the Council to relate
what was said, & being call'd in he declar'd that Captain Cox was
told by him & some of his Neighbours that his Ship lying near their
Houses gave them great uneasiness, & that they heard the Presi-
dent & Council had given him Orders to remove to a greater dis-
tance from Town ; they wished he would do so ; and that Captain
Cox in answer to this said, that neither for the President & Council
nor for them should his ship stirr an Inch ; he did not value their
Warrent; he knew what they cou'd do & what he should do.

•Mr. Edgar withdrawing, the Council requested Mr. Lawrence &
Mr. Hasell as Magistrates to issue a Writ to apprehend him, that
he may be dealt with according to Law, which they promised to do.

Order'd, That the following Proclamation be transcribed fair &
signed by the President, & issue in the afternoon with the usual
Solemnity, if it can be got ready so soon :

" By the Honourable the President & Council of the Province of
Pennsylvania.

"A PROCLAMATION.
" Whereas, the Ship Eurayle, John Cox Commander, is lately
%

PROVINCIAL COUNCIL. 109

arrived in this Port of Philadelphia from the Island of Barbadoes,
which Island at the time of the said Ship's Departure from thence
being much afflicted with a Dangerous & Contagious Distemper,
there is great Reason to fear that the said Ship & her Company are
infected therewith ; And whereas, the Captain & Mariners of the
said infected Ship, & the Passengers that were on board her, have
in Contempt of the Law presumed to come on Shore & disperse
themselves in the City and Places adjacent, to the great Danger of
the Health & Lives of the Inhabitants of this Province, We
have therefore thought fit to issue this our Proclamation, strictly
charging & Commanding all Persons that they do not henceforth
receive, harbour, or entertain any Person or Persons that arrived in
the said infected Ship Eurayle, without acquainting the President
& Council aforesaid, or some one of them, or one of the Justices of
the Peace for the county or City of Philadelphia therewith, that the
Condition and health of such Persons so arriving may be examined,
and that they may be dealt with according to Law.

" Given under the Great Seal of the Province of Pennsylvania, at
Philadelphia, the Ninth Day of September, in the Year of Our
Lord 1747, and in the Twenty-first Year of the Reign of our
Sovereign Lord George the Second, by the Grace of God, of
G-reat Britian, France, and Ireland, King, Defender of the Faith,
& so forth.

"ANTHONY PALMER,

" Presid1-
" By Order of the Governor & Council.
"Richard Peters, Secry.
"GOD SAVE THE KING."

At a Council held at Philadelphia, 12th Sep,r- 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, "1

Abraham Taylor, Robert Strettell, V Esqrs.

Thomas Hopkinson, J

Order'd, That an Order issue to Doctor Thomas Groeme & Doctor
Thomas Bond to examine the Ship Eurayle & make Report whether
the said Ship be, in their opinion, a healthy Ship or not, & whether
she may be permitted to come into this Port without Danger to the
Inhabitants, and that they would give a particular account of the
State & Condition of the Health of the Mariners & Passengers be-
longing to the said Ship; and in case the said Doctors shall report
the said Ship to be a healthy Ship, the Board thinks Captain Cox

110 MINUTES OF THE

shou'd have leave to bring up the said Ship to this Port of Phila-
delphia; and it is further Order' d, That Capt11, Cox do not presume
to unlade the Ballast of the said Ship within the limits of the City
of Philadelphia.

William Buckley, Esqr., produc'd to the Board an Indenture
whereby it appears that he, the said William Buckley, was chosen
Chief Burgess and Mathias Keen Second Burgess for the Borough
of Bristol on the 8th day of Septr-' Instant, and one other Indenture,
whereby it appears that John Priestly was on the same Day chosen
High Constable for the said Borough according to Charter, and the
Secretary being out of Town & having lock'd up the Book contain-
ing the Subscriptions of such as take the Oaths & Affirmations to
to the Government, Ordered, That a Dedimus issue to Mr. Grow-
den or some other Justice of Peace for the County of Bucks to
tender Mr. Buckley the said Affirmations.

Esqrs.

At a Council held at Philadelphia, the 14th Septr" 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker,

Thomas Hopkinson, William Logan, J

The Minutes of the two preceeding Councils were read and ap-
prov'd.

The President & four Members of Council sign'd a Commission
constituting Mr. John Lawrence Clerk of the Peace for the County
of Philadelphia.

Edward Stretcher, Captain of a small Sloop of about Ten Tons,
made a proposal to carry the 13 Spanish Prisoners that are now in
the Work House to the Havannah, if he might have a Flag of
Truce & the Government wou'd furnish a necessary Quantity of
Provisions to serve them in their Passage.

The Captain of a Pilot Boat, Dispatch'd as an Express from
Lewes Town last Saturday, delivered to the President this morn-
ing the following Letter directed to the President & Council :

" Sir & Gentlemen :

" On Tuesday last 2 Sloops went up the Bay with a Pilot Boat
tending on each of them ; on Wednesday evening they returned &
anchored with the said boats in Lewes Koad, which hath kept our
Watch upon hard Duty Day and Night. One of the Said Vessels
we imagine to be gone over to Cape May, the other took in our
sight last Night a Ship outward Bound, and her Pilot Boat another

PROVINCIAL COUNCIL. Ill

Ship this Morning that was coming in, and is now in Chace of a
third Ship, which we fear will fall into her hands in an hour or
two. These Things we judg'd proper to immediately communi-
cate, and hope the Merchants & Traders at Philadelphia will pay
this Express £3, being the Sum agreed for to convey it. Tide
calls upon Us to heartily conclude.

" Sir & Gentlemen, Your obedf- hble. Serv,s"

" IIs- HOLT,
"JACOB KOLLOCK,
"JACOB PHILLIPS.
" Saturday Noon, Septf- 12th, 1747.

u P. S. — We have ordered the Bearer to acquaint Captn- Bowne
of these Transactions, whom we expect down Daily."

And on reading the same the Board are unanimously of Opinion
that they shou'd thank the Gentlemen for their Care in giving such
early intelligence, and in answer inform them that the Assembly
having made no Provision when applied to very lately on a like oc-
casion, they had nothing in their Power, & cou'd only lament their
& the good People of Lewes Town's unhappiness in being thus
remedilessly expos'd to any Attempts the Enemy shou'd please to
make.

Order }d, That the Secretary call on the Treasurer for Three
Pounds to be paid for the Express, agreeable to the promise made
in the above Letter.

At a Council held at Philadelphia, the 21st Sept1"-' 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, William Till, ")

Abraham Taylor, Robert Strettell, v Esqrs.

Joseph Turner, Thomas Hopkinson, j

His Excellency Mr. Belcher, the Governor of New Jersey, being
in Town, Mr. Lawrence & Mr. Taylor were desir'd to take an op-
portunity to inform him of the many mischevious consequences that
arose from the Liberty Pilots took of going on board Vessells before
they knew whether they were Friends or Enemies ; and that as no
measures to be taken by this Government or the Lower Counties
wou'd avail, unless the same or as effectual ones were taken in
Jersey, he wou'd be pleas'd immediately on his return to Burling-
ton to take this important affair into his Consideration, & give the
necessary Orders. Information being given that several Vessells
belonging to this and other Ports were lately taken by a French
Privateer off the Capes of Delaware, and that some of the Pilots &

112 MINUTES OF THE

People who were on board at the time of Capture were in Town,
they were sent for, and Mr. Kelly & Luke Shields, one of the
Pilots who had the Charge of the Privateer, attending without,
they were examin'd.

Order' d, That Mr. Kelly's Examination be reduc'd to writing,
& sworn to before a Magistrate in the presence of Luke Shields.

The Brigantine Recovery, Joseph Greenaway, arriving on Satur-
day, the Members of Council issued an Order to Doctor Groeme &
Doctor Bond to visit the said Brig% & Captain Greenaway attend-
ing in order to produce the Doctor's Certificate, was call'd in, & it
oppearing thereby that the Vessell was healthy & the Mariners in
a good State of Health, the Captain was permitted to bring her to
the Wharf.

The Ship Lydia being this morning arrived from London with
Palatines, Doctor Groeme & Doctor Bond are Order' d to visit said
Ship & report the state of Health of the People on board.

At a Council held at Philada., 25th Sept., 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, ")

Robert Strettell, Benjamin Shoemaker, >Esqrs.

Thomas Hopkinson, J

Mr. Lawrence & Mr. Taylor report, that agreeable to the Request
of the Council they had waited on his Excellency the Governor of
New Jersey, & endeavour' d to shew him how much the safety of
both Governments depends on putting the Pilots under proper
Restrictions; they inform'd his Excellency that a Proclamation had
been already Published in this Province respecting Flaggs of Truce;
that they Council had got a number Printed, & sent one of them to
Mr. Reading, the late President, in a Letter on the Subject, that
an Order had been made by the Magistrates of the Town of Lewes,
which the had likewise caused to be publish' d in Franklyn's News
Papers, but that notwithstanding these or any other Steps might be
deem'd necessary to be taken, they wou'd all prove ineffectual unless
the Jersey Pilots shou'd be likewise laid under the same or as
effectual Restrictions. His Excellency was pleased to say that if
the President & Council wou'd write to him on this Subject on his
Return to Burlington, he wou'd then take it into Consideration &
do the best he cou'd.

Mr. Lawrence laid before the Board a Certificate Signed by Doctor
Groeme & Doctor Bond, purporting that in Complyance with the
orders of the honoble. the Council they had carefully examin'd the
State of Health of the Mariners & Passengers on board the Ship

PROVINCIAL COUNCIL. 113

Lydia, Captain Tiffin, from London, and found none of them with
any of the Symptoms of an infectious Disease ; so that they are of
opinion the Ship may be immediately admitted to come up to the
Town, and thereupon the Ship was admitted to come up to the City.

Mr. Lawrence moved the Board that there might be one or two
Justices of the Peace appointed for that part of Bucks County which
lies on the other side of the Blue Hills, and it appearing necessary
on many Accounts, the Board agreed to grant separate Commissions
to Mr.. Daniel Broadhead & Mr. Moses Depue, which are to be pre-
pared & signed by the President, with a Dedimus to the nearest
Magistrate to administer the usual Oaths or Affirmations.

Mr. Hopkinson inform' d the Council that Mr. William Kelly had
made an Affidavit before him in the presence of the Pilot, Luke
Shields, the 21st Instant, which was read & ordered to be enter'd.

William Kelly, being sworn on the holy Evangelists of Almighty
God, deposeth and saith, that he being a Passenger on board the
Sloop Elizabeth, Pyramus Green Commander, bound from Provi-
dence to Philadelphia, on or about the Twenty-eight Day of August
last he was taken off the Coast of North Carolina by a French Pri-
vateer Sloop called the Marthel Vodroit, Captn- Lehay Commander,
belonging to Cape Francois, who had taken three English Prizes
before as this Deponent was informed ; that after they had taken the
said Sloop Elizabeth they stood to the Northward, and on their
Cruise took six more English Prizes, to wit, a Brigantine and two
Ships off the Capes of Virginia, and a Sloop about fifteen Leagues
off the Capes of Delaware, one Newbold Master, & two Ships in
the Bay of Delaware, one of them called the Bolton, Oswald

Eves Commander, and the other called the Delaware,

Lake Commander, this Deponent being at the times of the taking
the said Six Prizes, a Prisoner on board the said French Pri-
vateer. That the said French Privateer was a Vessel of about
Ninety or one hundred Tons, and carried fourteen Carriage Guns,
sixteen Swivels, and six Swivel Blunderbusses, and had when he left
Cape Francois, as this Deponent was inform' d, about one hundred
and seventy Men, but at the time of this Deponent's being taken,
had but one hundred & thirty Men belonging to her. That this
Deponent took some of the Privateer's Crew to be English, some
Irish, and some Scotch, but the most part of them were Frenchmen
& Spaniards. That the Commander was, as this Deponent beleives,
a Frenchman. That the first Land they made off Delaware was
Cape May; that the Privateer hoisting English Colours, one Wil-
liam Flower, a Pilot, came off from the said Cape and came on board
the Privateer, that when the said William Flower came on board,
the Commander of the Privateer, by a Linguist, order' d him to take
Charge of the said Privateer & to carry the said Privateer where
the Shipping lay ; that the said William Flower at first misunder-
standing the said Commander's Orders, as this Deponent imagines,
VOL. v.— 8.

124 MINUTES OF THE

made answer that there was Water enough there, pointing towards
the Sea, but upon bis being told that was not what the Commander
meant, he the said William Flower ask'd if they meant that he
shou'd carry the said Privateer up the River, to which the a*- Com-
mander answer'd Yes, and then the said William Flower took
Charge of the said Privateer and was carrjing her round towards
Cape Henlopen, when Luke Shields, another Pilot, came on board
from1) Cape Henlopen, the said Privateer then being under English
Colours j That the said Commander of the said Privateer was very
Inquisitive concerning Philadelphia, and ask'd William Flower how
Matters stood at Philadelphia,, and what Shipping was. coming;
down, that William Flower answered he could not tell for that he
had not been at Philadelphia for seven or eight Days; That upon
Luke Shields coming on board, the Commander of the Privateer
asked him the like Questions,, and Lulke Shields answered that as he
had net been at Philadelphia a great while he eou'd not tell, but
that his Man had been there lately, Aad his Man being ask'd what
he knew about it, answered that the Privateer Trembleur was then,
coming down,, and that he believed the Pandour was sitting out.
That after Shields coming on board the care of the Privateer was?
committed te him in conjunction with Flower, that this Deponent
acquainted Shields that Flour had promised this Deponent to carry
the Privateer within less than a Mile of Cape Henlopen,. to the end
this Deponent might swim; o© shore in the Night, which this Depo-
nent had resolv'd to do in order to obtain his Liberty and inform
the People of the said Privateer, and this Deponent made' it Ms re-
quest to the said Shields that he wou'd assist this Deponest in his
Design by bringing the said Privateer so near the shore that this
Deponent might swim on shore with safety, but the said Shields
refused to> do it, & said he would carry the Privateer where she
might meet with the most Prizes; upon this deponent asking him
why he w-ould do so, he answered that the Privateer came for Prizes
and would not go away without them, and that by this Means he
should the sooner get his Liberty ; That the said Pilot brought the
said Privateer to an Anchor somewhere about the Brown, but it
blowing hard she afterwards came to an Anchor within two Leagues
of the pitch ©f the Cape; That the Day after the taking of the last
of the Prizes, the English Prisoners to the number of about sev-
enty, according to the best of this Deponeat's Judgment, were per-
mitted tO' go- on shore in three Pilot Boats which the Enemy had
taken. And more this Deponent saith not.

"WILLIAM KELLY.

" Sworn the 21st Sept^ 1741, before me,

"THOMAS HOPKINSON."*
Ordered, That the several Affidavits relating to- the Privateers

* See Minute* of ye 2.7th of July,

PROVINCIAL COUNCIL. 115

mention'd in the Minute of the 27th of July last be here enter'd,
& a reference made in the former Minute to this Place, & from this
place to the former Minute*

Copies of Depositions relating to the Conduct of the Privateers men-
tion'd in the Council's Speech to the Assembly.

" Bernard Martin, of Philadelphia, Mariner, late Commander of
the Ship Mary of London, being sworn on the holy Evangelists of
Almighty God, did depose and declare, That on his Passage in the
said Ship from the Island of Antiqua to this Port of Philadelphia,
being within about a Mile of Cape Henlopen, and a signal for a
Pilot being out on Tuesday the fourteenth Day of July, Instant,
about seven o' Clock in the Morning this Deponent was hailed by a
Privateer Sloop of about tea Guns; but as this Deponent had every
thing ready for an Engagement, the Privateer made off without mak-
ing any attack. That about Eight o' Clock the same Morning this
Deponent saw a Pilot Boat coming towards him, which this Deponent
well knew as well as the Pilot who this Deponent saw upon Deck ;
that this Deponent taking it to be an English Pilot permitted it to
come along side of his Ship ; that thereupon a number of French
& Spaniards, to the amount of TJiirty-five or thereabouts, instantly
boarded this Deponent's Ship, and this Deponent offering to make
some Resistance, he, this Deponent, was shott at by three of the
Enemy, and one of the Balls grazed this Deponent's Cheek, and
another his arm & his side, and immediately afterwards this Depo-
nent was knocked down ; that then they tacked the Ship and stood
out to Sea, but did not crowd Sail ; and the next Morning they
tack'd again and stood in for the Bay, and at about four o'clock in
the Afternoon on Wednesday they put this Deponent & seven of his
Men into the Pilot Boat and discharged them, and then stood off
with the Ship with an Intention, after they had got Provisions &
other Things necessary (as this Deponent heard some of them say),
to cruize between this Bay, the Capes of Virginia, and Cape Fear.
That this Deponent understood the People on board the Pilot Boat
who took this Deponent did belong to the Privateer Sloop which
this Deponent had seen in the morning of the Day he was taken.

That the Captain's name was — « Barnard, a Frenchman, & had

a French Commission which he shewed to this Deponent; that
about half his Company were French and about half Spaniards.
That among the said Privateers there was one Englishman who this
Deponent was told was a Boston Man, he having owned the same
to one of this Deponent's Mariners as this Deponent was informed;
that he spoke very good English, and like an Englishman, and told
this Deponent he knew Philadelphia. That the Captain Barnard
told this Deponent he did not doubt b'ut he should be up at Phila-
delphia in Six Months. That from the scarcity of Provisions among

116 MINUTES OF THE

the said Privateers this Deponent verily believes they intend tc
make a Descent in order to procure more, that what little Provisions
they had they were very lavish of, washing their feet in fresh
Water and throwing their offal Victuals overboard ; that this De-
ponent understanding Spanish & French heard the said Privateers
talking among themselves, and understood from them that they in-
tended to make a Descent somewhere for Provisions — this Deponent
being in his Hammock he supposes they imagined he was asleep.

" BERNARD MARTIN.
" Sworn the 17th July, 1747, before

"JOS. TURNER."

"John Cowan of Philadelphia, Mariner, late Mate of the Ship
Mary Bernard, Martin Commander, being sworn on the holy Evan-
gelists of Almighty G-od, deposeth and saith, That on Tuesday the
fourteenth Day of July Instant, being on a Voyage in the said Ship
from Antigua to Philadelphia, and about a Mile from Cape Hen-
lopen, early in the morning they were spoke with by some People
on board a Privateer Sloop, but as every thing on b.oard the said
Ship was ready for an Engagement, the Privateer did not think fit
to attack them; that about an hour or two afterwards this De-
ponent saw a Pilot Boat making towards the said Ship, and Captain
Martin ordered the Top sail aback, in order to take the Pilot on
board and to proceed up the Bay; that the Pilot Boat accordingly
came alongside, there being then only two or three Men upon the
Deck of the Pilot Boat, among whom the Pilot belonging to the
said Boat was one, and the rest spoke good English & were English-
men, as this Deponent verily believes j that as soon as the Pilot
Boat came along side and a Rope was thrown them from the said
Ship, about thirty Men instantly came from under the Hatches of
the Pilot Boat, where they had lain concealed, and boarded the said
Ship with Arms in their Hands ; that they immediately drove the
People belonging to the Ship down to the Hatches & fired at them
there ; that this Deponent saw one man fire at Captain Martin, and
soon afterwards he saw Captain Martin lying on the Deck ; That
after the Enemy had in this manner taken possession of the said
Ship, they stood off with her to Sea till next Morning, & then they
stood in again, and about three in the afternoon on Wednesday,
they gave the Captain the Pilot Boat, and turned him, this De-
ponent, with about Seven more of the Ship's Crew into it, and then
stood off with a small easy Sail towards the Sea.

"That this Deponent understood the People who took the Ship
as aforesaid belonged to the above-mentioned Sloop which this De-
ponent had spoke with the same morning he was taken, & that they
consisted chiefly of French Men <& Spaniards ; that there was one
Englishman among them who said he belonged to Boston, as this
Deponent was informed by some of the Ship's Company to whom

PKOYINCIAL COUNCIL. 117

(as they told this Deponent) he had confessed it j that this De-
ponent is of opinion that the Privateers aforesaid did not intend to
go to Sea, because there was not a sufficient Quantity of Provisions
on board the Ship at the time of her Capture, and what little there
was this Deponent observed they were very lavish of, washing their
feet in fresh Water and wasting the Victuals, for which Keason
this Deponent imagines they intend to make another Descent before
they quit the Capes, or to wait there till they can furnish them-
selves with a fresh supply of Provisions.

" JOHN COWAN.

" Sworn the 18th Day of July, 1747, before me,

"THOS. HOPKINSON.

" Edmund Liston, of Apoquinimink Hundred, in the County of
Newcastle, Yeoman, being one of the People called Quakers, on his
solemn Affirmation declares and affirms, that on Sunday the twelfth
Day of this Instant, July, about one o' Clock in the afternoon, a
Company of Foreigners, which this Affirmant believes to be Spaniards,
to the number of Nineteen, came ashore in an open Boat from a
Pilot Boat riding at Anchor in the Biver Delaware over against
this Affirmant's House, which is Situate about four Miles above
Bombay Hook and about half a Mile from the Banks of the said
Biver Delaware, and as the Affirmant was afterwards told by his
Daughter, as soon as they landed some of them ran to the Place
where his Daughter and a Negro Girl happen' d to be getting Crabbs,
seized the Negro Girl, tyed her, & put her into the Boat. This
Affirmant further Declares that the said Foreigners came Directly to
him, this Affirmant, arm'd with Gunns, Cutlashes, & Pistols, and
telling him they belong'd to a Spanish Privateer not fan off, they
demanded his Negroes, Money, and the Keys of his Drawers, &
having got some Keys from him they proceeded to riffle & plunder
his House, & took out of it several sorts of wearing Apparall, Bed-
ding, Cloaths, & Furniture, & tying them in separate Bundles they
carried them to the Shore, & afterwards put them on board the
open Boat ; they likewise took a Negro Woman and two little
Negro Children, one of a sucking Child, and then clapping their
Pistols to this Affirmant's Breast they compelled him to go with
them to the next Plantation, belonging to James Hart, at the dis-
tance of about half a Mile.

his
" EDMUND E L LISTON.
mark

" Affirmed the 27th July, 1747, before me,

"THOS. HOPKINSON/'

" James Hart, of Apoquinimy Hundred, in the County of New-
castle, on Delaware, being sworn on the holy Evangelists of Al-
mighty God, did depose and declare that on Sunday the 12th Day

118 MINUTES OF THE

of this Instant, July, about three of the Clock in the Afternoon^
several People who this Deponent took to be Spaniards, to the
number of»fifteen, and one Man with a laced Hat, who this De-
ponent took to be an Englishman (being much fairer than the rest)
came Arm'd to this Deponent's House, Situate about half a Mile
from the River side, together with Edmund Liston, a neighbour of
this Deponent's, who they had forced along with them ; That this
Deponent seeing them coming at some distance shut up and bolted
his Doors and got his Gun in readiness lest they should prove to be
Enemies ; That they came directly up and surrounded this Depo-
nent's House, and some of them pursued a Negroe Girl belonging
to this Deponent, which this Deponent perceived thro' a Window,
that some one of the said Company called out to this Deponent in
good English to surrender or that they wou'd set fire to his House,
and several Bullets were fired into the Room where this Deponent,
his Wife and Children were, that one of the Bulletts wounded this
Deponent's Wife in the Hip, & she bled very much, whereupon this
Deponent thought fit to surrender, and accordingly opened the
Doors of his House ; thereupon the Spaniards seized this Deponent
and bound his Hands and immediately plundered the House, &
took away the above-mentioned Negroe, almost all this Deponent's
wearing apparel, a pair of Gold Buttons, & several other things to
the value of about seventy pounds j That when they had done
plundering this Deponent's House as aforesaid, they forced this De-
ponent away with them to Edmund Liston's Plantation, about half
a Mile from this Deponent's, where they tyed up into Bundles the
Plunder they had got at this Deponent's House and the said Ed-
mund Liston's, & having carried it on board the Boat they went
off to the Pilot Boat from whence they came.

"JAMES HART.

" Sworn the 27th July, 1747, before me,

" THOMAS HOPKINSON,"

" John Aries, of Philadelphia, Pilot, being sworn on the holy
Evangelists of Almighty God, deposeth and saith that having
Piloted a Vessel down the Bay, upon his return homeward on Sun-
day, the 12th Day of July Instant, about Eight of the Clock in
the Evening he was haled by some Person on Board a Pilot Boat
(this Deponent then being in his Boat about Ten Miles below
Reedy Island), and presently afterward the said Boat came along
side, and several Spaniards came on board this Deponent's Boat
and seized this Deponent and took from him his Buckles, his Ring
from his Fingers, his Money, viz., £3 1 9, and most part of his
Cloaths, & all the Sails belonging to his this Deponent's Boat, & all
the Victuals on board. After giving this Deponent some Mouldy
Bread and some greasy Water, they told this Deponent he might
go, and gave him his Boat; that immediately after the Spaniards
haled this Deponent they fired two Muskets at this Deponent ; that

PROVINCIAL COUNCIL. 119

©we of the People among the Spaniards spoke good English & en-
quired after Mr. Allen, Mr. Turner, & Mr, Lawrence, and bid this
JDepone'Ht give his Service to them. «

"JOHN ARIS.

u Swora the I7th Bay of July, 1747, before me,

« JO. TURNER."

A petition from John Thomas Jones 'k Stephen Barnes, Prison-
ers in Philadelphia Jayl, was read., setting forth that at the last
Supream Court they were found Guilty of being possess' d with
divers Stamps for mailing mili'd Pieces of Eight, with intention to
coin the same, & were sentenc'd to stand in the Pillory two Market
Days, to fee imprison9 d for the space of Sis Months, & to give
Security for Six Months after, & to pay a fine of £50 each, & pray-
ing the Council to remit the said Sentence, for that they are willing
to serve His Majesty as Soldiers in any part of his Dominions
where the Council shall direct.

The Board is of opinion that as there is reason to believe from
the sundry Examinations taken in Jersey & other places, that there
is a great aumber concerted in this most pernicious Practice of
•coining, if the Prisoners will discover all their Accomplices, &
make a fall h fair Confession of all that they know relating to them-
■selves & their Confederates, that they may be entitled to Mercy;
but suspend their determination on the Petition till they know what
is to be expected of this kind from the Petitioners, & in case they
are inclined to make an honest discovery, the Chief Justice is de-
csir'd to take their Examinations,

Mr. Lawrence laid before the Board a Letter from Mr. George
Oroghaia, Indian Trader, purporting that one of his Men yesterday
come down from the woods, and informed him that the Indians on
-Lake Erie were making War very briskly against the French, but
were very impatient to hear from their Brethren the English, ex-
pecting a Present of Powder & Lead, which if they do not get he
is of opinion they will turn to the French, who will fee very willing
to make it up with them, Mr. Croghan adds, that if this, for
want of a Present, should be the Case he wou'd not go, or send his
Men this Tear, into the Indian Country for fear of Danger, The
^Council are of opinion that a Present of <xoods to the value of twe
Iiundred Poinds should be immediately sent to the Indians oaa Ohio
<& Lake Erie, and Mr. Lawrence undertaking to confer with Mr. Ed-
ward Shippea and settle the proper sorts of "Gcods, the .Secretary is
•order'd to prepare a Letter & String of Wampum to accompany the
Present-; and as it is said the Assembly have voted a Sum of
Money for the use of the Indians, he is ftirther ordered to get a
Oopy of their Minute from the Clerk and to send it to Mr. Weiser9
together with a Copy of that part of the Council's Speech & the
Assembly's Message which relate to Indian Affair^ «& *o write him

120 MINUTES OF THE

a Letter requesting bis Advice and sentiments about the most atl*
vantagious manner of laying out the Mosey.

At a Council held at Philadelphia, 3d October, 174T.

PRESENT :

The Honoble. ANTHONY PALMEK, Esqr., President.
Thomas Lawrence, Abraham Taylor, "1

Robert Strettell, Benjamin Shoemaker, f ™

Joseph Turner, Thomas Hopkinson, f '

William Logan, j

The Minutes of the two preceding Councils were read and ap-
proved.

The several Returns of Sheriffs & Coroners being presented to
the President, he laid them before the Council, & the Board having
taken the same into Consideration, the following Persons were
appointed, & their Commissions, with "Writs of Assistance & a
Warrant for the Great Seal, were signed by the President, Mr,
Lawrence, Mr. Taylor, Mr. Strettell, & Mr. Shoemaker, vizt-:

Richard Sewell, Sheriff, ) -ofi j t i:- n-*. en i
Henry Pratt, Coroner, j Philadelphia City & County.

Benjamin Davis, Sheriff, j Q

Isaac Lea, Coroner, j J

Amos Strickland, Sheriff, ) -r, i /1 ,
T , n, r, ' y Bucks County.

John Chapman, Coroner, ) J

James Sterrett, Sheriff, 1 j f P *

Edward Dougherty, Coroner, j r u y,

The Secretary laid before the Board a Copy of his Letter to Con-
rad Weiser, Esq., & likewise the Draught of a Letter to be sent to
the Indians on or near Lake Erie j but as no Letter is yet come to
hand from Mr. Weiser in answer to the Secretaire's Letter, the
Council postpon'd the Consideration of Indian Affairs to another
Day.

At a Council held sA> Philada., 5th October, 1747.
present :

The Honoble. ANTHONY PALMEK, Esqr., President.
Thomas Lawreiice, Samuel Hasell, ~)

William Till, . Abraham T?ylorr > Esqrs.-

liobert Strettel, Thomas Hopkinson, )

The Surveyor General inform'd the Council that he & the Per-
sons appointed to lay out the Road from Philadelphia to Newcastle

PEOVINCIAL COUNCIL. 121

Government had laid it out as far as Darby, but that they cou'd
proceed no further unless the Board wou'd be pleased to alter that
part of their Order wherein they were confin'd to follow the Courses
of a Road said to be laid out between Darby & Chester Creeks in
the Year 1706, & give the same directions as to that part of the
Road which they had given as to all other parts, viz*-' to follow the
Courses of the Road as it is now used.

The Council considering that that part of the Road was actually
laid out, return'd and Recorded, tho' it does not appear ever to have
been cleared or taken Notice of, did not incline to come to any de-
termination till they shou'd receive full Information how it wou'd
aifect the Inhabitants & the Possessors of Lands between Darby &
Chester.

9th October, 1747.
MEMORANDUM.

An order issued to Doctr- Grceme & Doctor Thomas Bond to visit
& report the State of Health of the Ship Restoration, James Hall
Master, just arrived from Rotterdam with Palatines, & Doctor
Grceme having reported the said Ship to be an healthy Ship, & the
Passengers and Mariners to be in good Health, she was admitted to
come to the City & to Land the Men.

At a Council held at Philadelphia, 12th October, 1747.
present :

The Honoble. ANTHONY PALMER, Esq., President.
Samuel Hasell, Abraham Taylor, ")

Robert Strettell, Benjamin Shoemaker, > Esqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approved.

It being represented to the Board that some Spanish Prisoners
who were brought into this Province in Aug'- last lay in the Work
House in a wretched Condition, having no Cloaths nor Bedding,
The Board appointed Mr. Turner to examine into the truth of this
Information & to report their Condition; that as the Assembly was
to sit the 14th a proper Message might be sent to them on this
Subject.

The Secretary having received a letter from Mr. Weiser in answer
to his wrote by Order of Council, the same was read, & Mr. Weiser
concurring in Sentiment that an handsome Present shou'd be made
to the Indians on Ohio & on lake Erie, who, by their Situation,
were capable of doing this Province abundance of mischief if they
shou'd turn to the French, The Board thereupon took into Con-

122 MINUTES OF THE

sideration what wou'd be the best method to take in order to be
sure that the Present wou'd be safely delivered, & to proper Indians.
It was said that in committing goods of such a value to the Indian
Traders there mio;ht be Danger either that the Indians wou'd not
get all or that they might not be given to the Chiefs & Men of the
greatest Consequence, or that the Distribution of it might be made
to serve private purposes- but since none were acquainted with the
Indians or the Road to them but the Indian Traders, & there was a
necessity to make use of them, it was therefore resolved that a Letter
shou'd be wrote to Mr. Croghan, letting him know that the Council
had determin'd to make an handsome Present to those Indians to
the value of £200, that they wou'd bear the Expence of their Car-
riage to the Indian Country, & therefore that he wou'd provide a
Waggon to carry them to Harris' Ferry, & Horses -to carry them
thence; and further, that he wou'd either go himself & take the
Charge of the Present & be answerable for the Delivery, or recom-
mend some proper Person. It was likewise mentioned that if Mr.
Croghan shou'd undertake the Charge it would not be amiss to send
some reputable Man from this Place to accompany him, that the
Council might be sure their Intentions wou'd be answer'd, & like-
wise that they might be better inform'd of the Strength & number
of those Indian^.

The Ship Two Brothers, Captain Ornett, being arrived with
Palatines from Rotterdam, the President gave an order to Doctor
Groeme & Doctor Thomas Bond to visit her, & Captain Ornett now
producing a Certificate sign'd by the said Doctors, that the Ship
was healthy & that no Danger cou'd accrue to the Inhabitants of
the Town in permitting her immediately to come to the City, the
Board gave permission accordingly.

The President laid before the Board some French Papers & a
letter which he received this morning from the Hands of a French
Gentleman, who called himself John Baptist Cosnay, & said he was
the Captain of the Sloop Adventurer, a Flagg of Truce from Leo-
gane, lying at Marcus Hook, had brought with him 13 English
Men who were taken into Leogane, 15 came from thence but 2
dyed in the Passage. By the Dispatches it appear'd that 15 English
Prisoners at Leogane had requested a Passage to Philadelphia, &
that Monsieur Chastenoye at their request had granted a Flag of
Truce to Captain Cosnay to carry them there & deliver them to the
Commander-in-Chief of this Province. The Captain attending
without was call'd in & Petition'd for Leave to do some necessary
repairs to his Sloop & to take in a sufficiency of Provisions for his
Voyage to Hispaniola, & desir'd if there were any French Prisoners
they might be deliver'd to him in Exchange.

Mr. Humphrey's informing the Council that the Sloop really
wanted repairing, they gave the Captain Leave to do what was ne-
cessary to her & likewise to take in a sufficiency of Provisions, re-

PROVINCIAL COUNCIL. 123

commending to him to make the utmost Dispatch. He was told
there were some French Men here, & that they shou'd be deliver' d
to him as soon as ever he was ready.

The Council thinking this a good Opportunity to send away the
Spanish Prisoners, propos'd it to Captain Cosnay to carry them to
Leogane, and on his consenting Mr. Turner was desir'd to know of
the Spaniards if they were willing to go.

At a Council held at Philadelphia, 15th Octr-- 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Abraham Taylor, Robert Strettell, } ™

Joseph Turner, Thomas Hopkinson, j ^r '

The Minutes of the preceding Council were read & approved.

The President told the Board that Six Members of Assembly
waited on him this morning & inform'd him that the House had
met last Night, & having Chose their Speaker they desir'd to know
when they might attend him & the Council; he answer'd that he
was going to Council & wou'd let the House know as soon as they
were met.

The Secretary was sent with a Message to tell the House that
the President & Council were met & ready to receive them imme-
diately, and very soon after the Delivery of this Message the whole
House came into the Council Chamber, & Mr. Kinsey addressing
himself to the Board spoke as follows: "I am commanded by the
House to acquaint the President & Council that the Representatives
in pursuance of the Charter & Laws met last Night & proceeded to
the Choice of a Speaker, & chose me. I am further commanded to
say, That as the Administration of the Government is lodg'd in the
President & Council, the House will always be ready to receive
from them whatever may contribute to the Peace & Prosperity of
the Province, wherein their concurrence is necessary." The House
withdrew.

The Board having had under Consideration what matters might
be proper to be communicated to the Assembly before the House
came, resum'd their consultations, & appointed Mr. Taylor & Mr.
Hopkinson a Committee to prepare a Message to the Assembly
against 4 o' Clock in the Afternoon, to which time the Council ad-
journ'd.

124 MINUTES OF THE

P. M.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President, & the
same Members as in the forenoon, with Mr. Hasell & Mr. Logan.

The Committee having prepar'd a Message to the Assembly, it
was read & approv'd ; Ordered, That it be transcrib'd fair to be
sign'd to Morrow morning in Council, & it be then sent to the
House.

At a Council held at Philada., 16th Octr- 1747.

PRESENT :

The Honoble. ANTHONY PALMER. Esqr., Presid1-
Samuel Hasell, William Till, }

Abraham Taylor, Robert Strettell," I -™

Benjamin Shoemaker, Joseph Turner, | ^

William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Message to the Assembly being transcrib'd fair was again
read & approv'd, and the President having sign'd it, the Secretary
deliver'd

A Message from the President & Council to the Assembly.

" G-entlemen :

" We shall ever think it a Duty incumbent on Us to lay before
You such Matters wherein your Concurrence is necessary as may
affect or promote the Peace or Prosperity of the People of this Pro-
vince, and as when you attended on Us with Your Speaker you ex-
press'd your readiness to receive anything of that kind, we have
thought proper to inform You of the following Transactions :

" About the 14th July last a Party of French & Spaniards, in
conjunction with some English Men, some of whom we are inform'd
have formerly dwelt in this City, came up in a Pilot Boat within
about eighteen Miles of the Town of Newcastle, plunder' d two
Plantations, bound & abused the Owner of one of them & wounded
his Wife with a Muskett Ball, carrying off Negroes & Effects to a
considerable Value. On their return they met with a valuable Ship
in the Bay bound to this Port from Antigua, which they likewise
took & carried off. Since that, on the fourteenth of September last,
we received Information by Express from Lewes that on Tuesday,
the 8th of September, two Sloops went up the Bay with a Pilot
Boat tending on each ; on Wednesday Evening they return' d and
Anchor'd in Lewes Road, which kept the Watch at Lewes upon
Duty Day and Night, and that one of the said Vessels in sight of

PROVINCIAL COUNCIL. 125

the People at Lewes took a Ship outward bound with her Pilot Boat
& another Ship next Morning coming in, and was at the time of
sending away that Express in chase of a Third, which it was fear'd
wou'cl fall into the Enemy's Hands in an hour or two. It appeared
afterwards that the Privateer mention'd in the said Express be-
longed to Cape Francois, that she carried fourteen Carriage Guns,
sixteen Swivels, & came out with about one hundred & seventy
Men, that she had taken in that Cruize no less than ten Prizes.
These facts, with the Circumstances attending them, will appear
more particularly in the Depositions & Papers we have ordered to
be laid before You.

" From the Success which attends our Enemies by Cruizing in
our Bay without risque or opposition, it may reasonably be expected
that they will continue their Depredations in the Spring, and in all
likelyhood block up the Trade of this flourishing Colony — a Loss
which we apprehend will be sensibly felt by all sorts of People.
Trade supports the Merchant, the Planter, the Artificer j every one
in the Country as well as in the Town will be alike involv'd in the
loss of Commerce, as they derive from thence many of the necessa-
ries & conveniences of Life. A Concern then so Interesting to Men
of all Degrees amongst Us well deserves your most serious Consid-
eration.

" The Boldness of our Enemies and the Knowledge they have
gain'd of our Bay and River, gives us great Reason to apprehend an
Attack on this City unless some Provision be speedily made to dis-
courage them from the Attempt or to disappoint them in it.

" As we can't doubt but you will think the Protection of this
City & the Trade of it highly worth your Care, you will wisely
provide for both. If a Law was wanting for these purposes, the
People of Pennsylvania would be unhappy indeed, since there is
no Legislative Power at present in the Government; but we appre-
hend that as the Publick Money is in your disposal, no further
Law is necessary.

" Some Spanish Prisoners now in the Work House, waiting for
an opportunity to be Shipp'd Off, are in want of Cloaths k other
Necessaries. As this Government hath always behaved with Hu-
manity & Kindness to Prisoners, you will no doubt provide for the
Expences necessary on this Occasion.

"ANTHONY PALMER, President.

" 16th Octr- 1747."

The President having received the Examinations of John Thomas
Jones & Stephen Barnes, taken before the Chief Justice on the 7th
Day of October & sign' by the said Prisoners, the same was read ;
& as there are no Discoverys of Consequence made by the said
Prisoners, the Board are unanimously of opinion that the Sentence
against them shou'd be no longer respited.

Order' d, That ye Sheriff be told this that he may do his Duty.

126 MINUTES OF THE

The 17th Octr-> 1747.
MEMORANDUM.

Tavo Members of Assembly deliver'd the following Message :

A Message to the President & Council from the Assembly.

" May it please the President & Council :

" Whatever Matters you shall be pleased at any time to lay be-
fore Us wherein our Concurrence is necessary, and which we shall
conceive to have a tendency to promote the Peace & Prosperity of
the .Province, will ever be chearfully received & deliberated on
by us.

"The Transactions you are pleased to mention in the former
Part of your Message we observe is only an abridged Account of
what was laid before the last Assembly. These Accidents and
those which after happened appear to us to be chiefly owing to like
Causes, viz., the Misconduct of the Pilots residing thereaway,
without whose Assistance it is not probable these Attempts would
have been made ; and sure it can be no great difficulty for the Gov-
ernments adjoining to the Bay to oblige these Pilots to such Regu-
lations as may prevent like Accidents for the future.

u As to any Enterprize intended against the City, we hope there
is no Danger, and if there be, one of the best Expedients to pre-
vent it will, we think, be to check every appearance of illicit Trade
which, under Colour of Flags of Truce or otherwise, may be at-
tempted to be carried on : for if any Acquaintance be gained of our
Bay & River it is most likely to happen by this means.

" As the Members of the present Assembly are mostly the same
with the last, & their Sentiments the same as at that time, it will
be unnecessary, we think, to add to what is before contained in an-
swer to your present Message further than to refer to their last
Address in answer to the Speech deliver'd to them by the Presid1, in
Council.

" The Circumstances of the Spanish Prisoners in this City,
which you are pleased to recommend to Us, have been under our
Consideration. We hope Care will be taken to Ship them off with
as much speed as can be; & in the mean Time we concurr in
opinion with the President & Council that they ought to be treated
with Humanity & Kindness, & we shall make the Provision neces-
sary to that End.

" Signed by Order of the House.

" JOHN KINSEY, Speaker,
« October 17th, 1747/'

PROVINCIAL COUNCIL. 127

At a Council held at Philadelphia the 19th Octr- 1747.

FRESENT :

The Honoble, ANTHONY PALMER, Esqr., President,
Samuel Hasell, William Till, "]

Abraham Taylor, Robert Strettell, I ™

Benjamin Shoemaker, Joseph Turner, t v"^

Thomas Hopkinson, William Logan, J

The Minuter of the preceding Council were read and approved.
The President having received a Letter by Express from Gover-
nor Shirley & Governor Knowles, it was read & ordered to be en-
ier'd, together with the Extract inelos'd in it,

Boston, October, 1747.
"Sir:

H The Ineloartt is an Extract from a Letter of the Duke of New-
castle's to Governor Shirley, signifying His Majesty's Commands to>
us upon the several matters eontain'd in it. In obedience to which
We must desire you will be pleased to transmit to us by return of
this Express, or as soon after as you can, Muster Rolls or Lists of
the several Officers & Soldiers raised within your Government for
His Majestie's Service in the late intended Expedition against Can-
ada (which His Majesty has laid aside for the present), distinguish-
ing the Companys in which they were form'd, with the respective
Times of every Officer engaging in His Majestie's Service, & Days;
on which the Soldiers were inlisted into it (which last may be best
done by attested Copys of the Inlistments* themselves), also an Ac-
count of the Deaths of s-itcb of Officers & Men which have happened
since they enter' d into the Service, with the respective Times when
they happen' d, as also of the dissmissions and desertions of any of
the Soldiers & Times of their being discharged or deserting, together
with ass account of the furloughs which have been granted from
time to time to the Soldiers, or any of them, & for what time, as
also upon what Command or Duty the Officers k Men have been
respectively employ' d since the time of their entering into the Ser-
vice, together with a Muster Roll or List of the Officers and effect-
ive private Soldiers bow remaining in the Service, all which Rolls,
Lists, & Accounts, we desire may be duly certified by the proper
Officers, under their Hands, upon Oath taken before yourself and
attested by You \ also, that you wou'd transmit to us an account of
the Charges of the Cloatfeing, Arms, h Accoutrements of the Sol-
diers, & of all other Expences which have been incurred on account
of the Expedition and are not to be defray'd by the Colony under
your Government, from the time of their being Levied! to the time
of your attesting the said Accounts, together with the Touchers
thereof, all duly Certified upon Oath by the proper Partys before-
You,, and a Copy of the Proclamation issued by You for the En-

128 MINUTES OF THE

couragement of Troops to inlist into the said Service, with Copies
of the Votes for your Assembly touching the Bounty & Subsistance
or Allowance of Provisions granted by them for the Troops; and
We must further desire that You wou'd, in pursuance of His Ma-
jesty's Orders, Communicate to Us your Sentiments & Opinion as to
the manner of discharging these Officers & Soldiers, & upon what
foot it maybe best done, having due Regard to His Majesty's Com-
mands to us for doing it in the most frugal manner & His Expecta-
tions in this Affair ; and this we desire you will forthwith do, as a
great Charge is running on till the Soldiers shall be dismissed by
Us from this Service.

"We must also desire You, in obedience to His Majesty's Com-
mands, to recommend it to your Assembly to furnish such sums of
Money or Credit as may be wanted to pay off the Soldiers, which
You will perceive by the Extract of the Duke of Newcastle's Letter
is to be provided for by Parliament as soon as the Accounts of the
whole Charge incurred by raising the Levies shall be transmitted to
His Grace by Us, and forthwith to let us know your opinioi*of the
Success of such an Application, as also to let Us know whether You
have advanced any & what Sums of Money to the Officers and Sol-
diers, or any of them, on account of their Pay, & after what Rate
and to what time they are paid in full.

" And as You perceive, We are Commanded by His Majesty to
retain such a number of the American Levies in His Pay as we
shall judge sufficient for the securing of Nova Scotia against the
Enemy's Attempts until a reinforcement can be sent thither from
Great Britain, the Preservation of which Colony is of the greatest
Importance to the Safety & Welfare of all His Majestie's Northern
Colonies; and also that Mr. Shirley is order'd by His Majesty to
compleat his own as well as Sir William Pepperell's, as likewise
Lieutenant General's Phillips' Regiment, out of those. We hope
You will assist the Officers who shall be sent to raise Recruits for
those purposes in Your Government with your influence and Au-
thority, & contribute every thing in your Power to their Success &
the promoting of His Majesty's Service.

" We think it clear that the Arms & Accoutrements of the Sol-
diers are to be return' d, and where the Men have lost them their
value must be stopt out of their Pay ; or rather, the several Cap-
tains are to be called upon for the Arms of their respective Com-
pany's and are chargeable therewith, which you will be pleased to
consider; and we must desire you will forthwith let Us know your
opinion of what Pay it will be reasonable to allow the Officers as
well as Men for their Service.

"We are Your Honour's most obcd': hum. Servants,

" WILLIAM SHIRLEY,
" CHAS. KNOWLES.

PROVINCIAL COUNCIL. 129

Extracts of a Letter from his Grace the Duke of New Castle to
Governor Shirley, dated White Hall, May 30th, 1747.

" His Majesty has been pleased to direct me to Signify to You
His Pleasure that You shou'd immediately appoint a Meeting with
Commodore Knowles at such place as shall be agreed upon, and con-
sider with him the present State of Nova Scotia & Louisbourg, &
take the proper measures for the defence of those Places.

" It is His Majesty's pleasure You shou'd endeavor to compleat
from out of the Americans which are now raised for his Majesty's
Service, Sir William Pepperell's Regiment and Your own.

" Lieutenant General Phillip's Regiment is, I am afraid, very
weak. I will, however, send him his Majesty's Orders to send what
Recruits can be got from hence, and you will also endeaver to have
his Regiment compleated out of the Americans.

" As it is His Majesty's Intention that the Americans shou'd be
Immediately discharged, except only such few as are mentioned
above, the manner of discharging them, the satiafaction for their
time, &ca- must be left to Commodore Knowles and Yourself; the
King, however, is persuaded You will do it as Cheap as possible.

" And as these American Troops have done little or no Service
hitherto, It is to be hoped they will not expect to be paid in the
manner they wou'd have been had they actually been employ'd on
Service ; and as it seems highly reasonable that such of these Troops
as have remain'd in the Provinces where they were inlisted shou'd
be contented with less Pay than such of them as may have Marched
into other Provinces. When You and Mr. Knowles shall have met
and fully consider'd the Service to be undertaken in the manner
above directed, and shall have agreed what number of Americans it
will be necessary to keep in Pay for that purpose, it is His Majes-
ty's Pleasure that you shou'd procure an Account of the whole Ex-
pence incurred on account of the American Troops from the time
of their being Levied to the time of their Discharge ; & when the
same shall be fully adjusted & Liquidated, you will transmit it to
me with the proper Vouchers from the several Governors, that it
may be laid before Parliament, to the End that Provision may be
made for the Payment; and in the mean time, in order to prevent
any Complaint amongst the Men that have been inlisted (as well
those that shall be discharged as those that shall continue in Ser-
vice) for want of immediate Pay, You will recommend it to the
G-overnors of the Provinces when these Levies have been made to
procure Credit from the respective Assemblies for that purpose^
which His Majesty hopes may be done without Difficulty.

"It is also His Majesty's Pleasure that Mr. Knowles and Yoti
shou'd consider what number of Americans will be really wanted
for the Service above mention'd, and the King wou'd have you re-
Vol. v. — 9.

130 MINUTES OF THE

tain as many as may be absolutely necessary for that Service &
no more ; and the King hopes that a small Number of the Ameri-
cans with His Majestie's Forces which you have may be sufficient
for that purpose, as the Expence is very great. And as to the
Americans in general, except only such as may be wanted for the
Service above mentioned, it is His Majesty's Pleasure that You in
conjunction with Commodore Knowles shou'd thank them in such
manner as You think proper, and immediately discharge them upon
the best & cheapest foot You can, and in order thereto You will con-
sult with the respective Governors upon the manner of doing it,
and you will transmit to His Majesty an immediate account of what
You shall do therein.

" N. B. — This Paragraph shou'd have been inserted between the
fourth & fifth Paragraphs.

"W. SHIRLEY,

« CHARLES KNOWLES."

The forces rais'd in this Province having been under the Com-
mand of Governor Clinton, the Board judg'd it necessary to receive
from him an Account of what he had paid to those Forces, &
what there remains due to them, before they can call the Assembly ;
and as the President is obliged to go to-morrow to Newcastle to meet
the Council & Assembly there, Mr. Taylor & Mr. Hopkinson are
appointed a Committee to write an Answer to the above Letter, &
likewise to write a proper Letter to Governor Clinton.

The Return of that part of the Road from Philadelphia to New
Castle which runs thro' the County of Philadelphia, was read and
confirmed, and ordered to be opened 60 foot wide.

" Pursuant to the Order of the Honourable the President and Coun-
cil of the 8th of Septr., 1747, referring it to us the Subscribers to
view and lay out by Course & Distance that part of the King's High
Road leading from the City of Philadelphia to the Town of New
Castle, which runs thro' the County of Philadelphia, We do humbly
Certify & Report to the Honourable the President & Council, that
we have viewed, and with m the Assistance of William Parsons, the
Surveyor General, Resurveyed that part of the King's High Road
aforesaid which runs thro' the County of Philadelphia; Beginning
at a Corner of the Lands of John Kinsey, Esqr., & Abraham Clay-
pole, at the South Boundary of the City of Philadelphia, where the
Road now runs, and from thence extending betw'n the Lands of sd>
John Kinsey & Abraham Claypole South fifty-six Degrees and an
half, West about one hundred and eleven perches, and continuing the
same Course one hundred and four perches more to a Gum Tree
marked, thence North eighty-five degrees and an half West one
hundred and thirty-seven perches to a marked black oak in the Line
dividing the Lands of George Gray and Peter Cox, thence sixty-nine
Degrees & an half WTcst one hundred and fifty-three perches to the
low Water Mark at the end of the Causway of the Lower Ferry on

PROVINCIAL COUNCIL. 131

the East side of the River Schuylkill, then beginning at the Land-
ing Place of the said Ferry on the West side of the said River, and
from thence extending North eighty-six Degrees West eighty-six
perches to the Mill Road, thence South fifty-two Degrees & an half
West seven hundred and eighty-eight perches to a corner opposite
to the Sign of the Bell, and from thence South sixty-three Degrees
West fifteen perches to the middle of a Bridge over Cobb's Creek,
being the Boundary between Philadelphia & Chester County s ; And
We do humbly recommend to the Honourable Board that they will
please to order the said Road to be opeu'd not less than sixty foot
wide,

"SEPT. ROBINSON,
"HUGH ROBERTS,
"JAMES COULTAS,
"JOHN BARTRAM,
"NATHAN GIBSON,

his
"CHARLES G JUSTICE."
mark.
The Spanish Prisoners having consented to go to Leogane in the
French Flag of Truce, Captain Cosnay & the Secretary having put
their Names in a List, the same was sign'd by the President, to-
gether with a Let Pass & likewise a Letter to Monsieur Chastonoye,
which was ordered to be enter' d :
"Sir—

"I have the Honour of your Excellency's, dated at Petit Goave
the 17th September last, by Captn> Cosnay, who delivered me your
Dispatches & a List of 15 Prisoners, two of which he said Dyed at
Sea.

"Had it been in my power to return you man for man I wou'd
have done it, but there are very few French Prisoners brought here,
and in defect of these Captain Cosnay has consented to take 12
Spanish Prisoners, whose Names are in a List sign'd by myself and
countersign'd by the Secretary, and are to be deliver'd to You or
your Order, and you are desir'd to extend your Compassion so far to
these miserable People as to assist them to get to the Havannah or
any other Spanish Port they desire to go to with all possible Dis-
patch, they having continued here a long while for want of a con-
venient opportunity of sending them away.
" I am, with perfect Esteem,

" Your Excellency's most Obedient Servant,

"ANTHONY PALMER.
" Philadelphia, 19th Octr., 1747.

" To His Excellency MoNSr- Chastenoy, Governor of the French
Leeward Islands, at Petit Goave."

132 MINUTES OF THE

The Secretary having received a Letter from Mr. Weiser, Dated
the 19th Instant, wherein he relates his Intelligence received at>
Shamokin, the same was read & the Consideration thereof postponed
to another time.

In the Council Chamber 22 d October, 1747.

PRESENT :

William Till,

Abraham Taylor;

Joseph Turner, j> Esqrs,

Thomas Hopkinson,

"William Logan,

Mr. Hopkinson produced a rough Draught of a Letter to Gover-
nor Clinton, and another to Governor Shirley & Admiral Knowles,
which were read in these words, Viz**:

" Philada., 20th October, 1747.
" Gentlemen :

"Your Excellency's joint Letter arriving when our President
was oblig'd to go to Newcastle to meet the Assembly on some ne-
cessary Affairs of Government there, it falls on me as the next
Eldest Counsellor to acknowledge the Receipt of your Excellency's
Letter, & to assure You that the Council will use the utmost Expe-
dition possible to collect the materials necessary for answering the
several Things expected from them. Governor Thomas being in
England, and Mr. Andrew Hamilton, the Agent employed for His
Majesty, being dead, they are in a manner Strangers to the Trans-
actions ) but this is known, that four Companies were raised in this
Province in obedience to His Majestie's Commands, signified to the
late Governor by the Duke of New Castle, for an Expedition against
Canada, consisting of one hundred Men each, including four Ser-
geants, four Corporals, & two Drummers ; that the late Governor
supply'd them out of his own Pocket with Clothing, Arms, & Amu-
nition, and his Secretary says that by his Letter Book it appears
that the Expence amounted to £3,821 16 11, Pennsylvania Cur-
rency, which at 70 ^ Cent. Exchange is £2,248 2 11 Sterling.
That Coll0- Thomas drew Bills for the said Sum on the Pay Master
General of His Majestie's Forces, Dated 16th Septr,, 1746, & these
Bills are paid.

" Mr. Thomas having received Directions from General Gooch
to March the Troops raised in this Government to Albany, the
Place of general rendezvous, the four Companys accordingly
Marched from hence on Thursday the 4th Day of September, 1746,
& as they have since that time been under the Command of Gover-
nor Clinton, & an action at or near Albany, I have wrote to Mr,

PROVINCIAL COUNCIL. . 133

Clinton fully on the Subject, for I consider it as impossible for the
Council to give any Account of Expences, or answer any of the
Things requested in your Letter, after the Departure of the said
Forces from this Government. I have been informed that the
Companies are paid off to May last, but however this is, on receiv-
ing an Answer from Mr. Clinton what Sum may be necessary to be
paid them on their discharge, the Council will Summon the Assem-
bly to make the Provision for that purpose.

" The other parts of your Letter requiring more deliberation and
an application to sundry Offices, tho' the Council will make no de-
lay, yet it will necessarily take up. a good deal of time. Their Zeal
for His Majestic' s Service will lead them to use their utmost en-
deavours to give you all imaginable Satisfaction in what You ask,
but I cannot help saying that such of them as were posted at Al-
bany during the Winter, have, in the opinion of the Council,
contributed to the Preservation of Albany & the parts adjacent,
<& that from all Accounts the forces there have done very severe
Duty.

" I am, with the greatest Esteem,

" Your Excellency's most obed'- Serv''

"THOMAS LAWRENCE.
a Their Excellency's Govr- Shirley & Admiral Knowles."

" Philadelphia, October 20th, 1747.
"Sir:

" Our President being obliged to meet the Assembly at New-
castle on some Affairs of Government there, it falls on me as the
next Eldest Counsellor to acquaint Your Excellency with the re-
ceipt of the Dispatches from Governor Shirley and Admiral Knowles,
of which Copies are inclosed.

" As it is not possible to give the answers desir'd without your
Excellence's Assistance, I beg your Excellency would be pleased to
inform this Government of the several particulars there mentioned
so far as relates to the Troops raised in this Colony for the Expedi-
tion against Canada from the time they came under your Command,
with proper and authentic Certificates of each particular, and in
this we doubt not but Your Excellency will use all possible Dis-
patch, since the service of His Majesty so much requires it.

"As we find His Majesty expects the several Colonies should
immediately provide for the Payment of the Troops raised by them
respectively till Provision be made by Parliament for that purpose,
it is more particularly desired that your Excellency would inform
this Government as soon as possible of the Sum now remaining due
for the Pay of the Officers & Soldiers raised here, to the end of our
Assembly may be called to make Provision accordingly, which

134 MINUTES OF THE

cannot be done till we receive Your Excellency's Answer to this
particular.

a I am, with the greatest Esteem,

" Your Excellcy's- most hum. Serv*-

"THOMAS LAWRENCE.
" His Excellency Gov'1 Clinton/'

Order' d, That the said Letters be transcrib'd fair and sent by
the Post.

The Petition of John Thomas Jones & Stephen Barnes, & the
Confession made by them, were again taken into Consideration, &
it being represented to the Board that a material part of their Con-
fession was omitted to be wrote down by the Clerk employed in
taking it, viz., that Jones had thrown the Stamps for Counterfeiting
Dollars into the River, It was Order' 'd, That the Sheriff make fur-
ther Enquiry into that Circumstance, and if the Stamps shou'd be
found that he report the same to the Board, but that if they should
not be found that then the Sentence pronounced against the Peti-
tioners be immediately put in Execution.

At a Council held at Philada , 29th October, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, 1

William Till, Abraham Taylor, I ™

Robert Strettell, Benjamin Shoemaker, j ^

Thomas Hopkinson, J

The Minutes of the preceding Council were read and approved.

The President having received a Letter from Captain Perry, &
Mr. Lawrence having likewise received one from Govr Clinton, they
were read & ordered to be enter' d.

" New York, October 26th, 1747.
" Sir :

"I received Orders from His Excellency Govr> Clinton this
Morning to transmit to Your Honour the number of Officers & Men
belonging to the Province of Pennsylvania, since the Payment he
made to them, which was to the 24th of June inclusive, but as I
have not my Papers here, I cannot be quite particular in the num-
ber, but so near that it will make a small difference in the Sum
that may be raised to pay them. Underneath is as particular
Account as I can send at present. Governor Clinton intends to
write Your Honour in what manner he paid the Subalterns. The

PROVINCIAL COUNCIL. 135

Captains have not received any pay as yet. An Exact Account will
be sent to You as soon as possible.

" I remain Your Honour's most obed*- humUe Servt-'

"SAM1- PERRY."

Names of the Officers, viz. :

Captain John Deimer, Lieut. John Wildt, Ensign Win. Franklin,

Captain Willm. Trent, Lieut. Daniel Byles, Ensign Wra. Rush,

Captain John Shannon, Lieut. Jacob Kalloch, Ensign Wm. Morgan,

Captain Saml. Perry, Lieut. James Lavvrie, Ensign Jams. Stevenson,

Under the Command of the above Officers has been Muster' d in
two different Musters of two Months, each from the 25th June to
the 24th of this Instant Inclusive, viz. *

16 Sergeants, 16 Corporals, 8 Drumers, & about 190 Private
Men.

"New York, 26th Octr- 1746.
"Sir:

" I am favoured with Your Letter of the 20th Instant, and in
answer thereto I can inform You that I have paid the Troops raised
in the Government of Pennsylvania to the 24th of June last, and
the Subalterns two Months' Pay from the Dates of their Commis-
sions. It is not in my Power at present to transmit to you an
Exact Account of what Sums are due to these Troops without
exact Lists, which, by the Distance they are at, cannot be readily
obtain'd, besides the frequent Desertions make it uncertain ; but I
have ordered Captain Perry, their Commanding Officer (who lately
came down here upon account of His Health), to transmit to You
their Numbers as nearly to truth as he can.

" I am, Sir, Your most humble Servant,

" G. CLINTON.

" The Honb,e- Thos- Lawrence, Esqr""

The joint Letter of Governor Knowles & Governor Shirley, & the
Extract of the Duke of New Castle's Letter, were again read, & on
considering the same the Board was unanimously of opinion that
the Assembly shou'd be immediately summon'd to meet on the 23d
of November next, And tEe Writts being wrote were sign'd by the
President & four Members of Council & Dispatch'd to the several
Sheriffs, one of which is order' d to be enter' d :

" The Honourable the President & Council of the Province of Penn-
sylvania,
" To the Sheriff of the County & City of Philadelphia within the
said Province, Greeting :

" Having recieved some Dispatches of great Importance to His
Majesty's Service, which it is necessary should be forthwith laid be-

136 MINUTES OF THE

fore the Assembly of this Province, We have, therefore, thought fit
to convene the said Assembly before the time to which they now
stand adjourn'd. These are, therefore, to require and command You
on receipt hereof to Summon the Representatives chosen for the
said County & City of Philadelphia to meet in Assembly at the said
City on Monday the Twenty-third Day of November next, and
thereof to make return to Us on the same Day.

" Given under our Hands & the Lesser Seal of the said Province
at Philadelphia, the 29th Day of October, in the Twenty-first
Year of the Reign of our Sovereign Lord, George the Second,
of Great Britain, &ca-> King, Annoqz Domini, 1747.

"THOMAS LAWRENCE,
"ABRAHAM TAYLOR,
" ANTHONY PALMER,
" ROBERT STRETTELL,
"JOSEPH TURNER."

At a Council held at Philada., 6th Novr" 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, William Till, "}

Abraham Taylor, Robert Strettell, L~

Benjamin Shoemaker, Thomas Hopkinson, j ^ '

William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Board resum'd the Consideration of Indian Affairs, & call'd
for Mr. Weiser's Letter of the 15th October last, which was again
read in these words :

"Sr-:

" On the Sixth of this Instant I set out for Shamokin, by the
way of Paxtang, because the Weather was bad. I arrived at Sha-
mokin on the 9th about Noon. I was surprised to see Shikalamy
in such a miserable Condition as ever my Eyes beheld ) he was hardly
able to streth forth his Hand to bid me welcome j in the same Con-
dition was his Wife, his three Sons not quite so bad but very poorly,
also one of his Daughters, and two or three of his Grand-Children
all had the feaver ; there was three buried out of the Family a few
Days before, viz'" Cajadies, Shikalimy's Son-in-Law, that had been
married to his Daughter above 15 Years, and recon'd the best
Hunter among all the Indians, Item his Eldest Son's Wife, and
Grand Child. Next Morning* I administer'd the Medicines to
Shikalimy and one of his Sons, under the direction of Doctor Grceme,
which had a very good Effect upon both ; next Morning I gave- the

PROVINCIAL COUNCIL. 137

same Medicine to two more (who would not venture at first) ; it had
the same Effect, and the four Persons thought themselves as good
as recover'd, but above all Shikalamy was able to walk about with
me with a stick in his Hand before I left Shamokin, which was on
the 12th in the Afternoon.

u As to what passes among the Indians the Six Nations (except
the Mohocks) have not yet declared against the French ; some of
their Cheifs are now in Canada, but for what reason is not known.
It is generally believed by the Indians that they are about bringing
over the French Praying Indians to the five Nations' Country, or
lay a Stop to their War against the English. Shikalamy says if
they miss in their Schemes, War will then be declared against the
French; some of the Siniker's Young Men have followed the Ex-
ample of the Mohocks and went to Warr against the French, and
had five of their Company killed by the French. The Young Peo-
ple of the Six Nations are inclined to fight the French.

u Shikalamy told me further that the Governor of Canada has
sent a Message to all the Indians about the Lakes and desired them
to take up his Hatchet to fight the English • that two of the Na-
tions had accepted it, but Shikalamy does not know which Two; all
the rest of the Six Nations refused it at once.

"The Zis-gechroona, or Jonontadyhagas, or both, jointly have
sent a large Black Belt of Wampum to all the Delaware and Shaw-
nese Indians Living on the Rivers Ohio and Sasquehanna, to invite
them into the War against the French ; the Belt came to Shamokin
with the said Message ; Shikalamy saw the Belt, but the Delaware
Indians that brought it could not remember which of the above
mentioned two Nations (or whether jointly) had sent it. That one
hundred Men of the Delawares were actually gone to meet the Jon-
ontadyhagas about Deoghsaghronty, where 70 or 80 of the Six Na-
tions Living at Canoyinhagy were also expected ; they intend to cut
off a French Settlement to the South of Lake Erie.
- " Another such Black Belt of Wampum was sent by the aforesaid
Indians to the Six Nations to the' same purpose.

u Shikalamy said that himself and the Indians about Shamokin
keep their Ears open to the said Nations, and they will act accord-
ing as the Six Nations act.

"Whilst I was at Shamokin 14 Warriors came down from Diao-
gon, about 150 Miles above Shamokin, to go to War against the
Catawbas.

" On my Return, about three Miles this side Shamokin I met
eleven Onontages coming from War; they, with some of the Ca-
jukers, in all 25 Men, had an Engagement with the Catawbas, in
which five of the Oajukers were killed. The Onontagers said the
Catawbas were 200 Men ; I sat down and smoked a Pipe with them ;
I had some Tobacco and a little Rum left with which I treated them^

138 MINUTES OF THE

and we discoursed about the Warrs. Their Captain was a very In-
telligible man ; I told him before we parted that we their Brethren
of Pennsylvania long to hear of the Six Nations how things go con-
cerning the War with the French, whether or no they had engaged
in it, that if they had we were desirous our Brethren the Council
of Onontago would let us know; If they have not, we had nothing
to say to them, well knowing that our Brethren the Six Nations
were People of Understanding and experienc'd in the War; we
therefore leave that intirely to them, only we wanted now and then
to recieve a Message from them in these critical Times and to hear
of their Welfare. I gave the Captain a Peice of Eight to remem-
ber what has been said to the Council at Onontago. In my going
up I saw a French Scalp at the House of Thomas McGee; some
Indians from Ohio had brought it there ; Thomas McGee was gone
to Philadelphia ; I left it where it was ; The same Day I met the
Indian that brought it there ; he desir'd me to take it to the Gov-
ernor in Philadelphia since Thomas McGee was not at home, who
was desir'd to do it, and pressed very hard upon me to receive the
Scalp for the Government of Pennsylvania, in who's favour the
Scalp was taken, and at the Government of Pennsylvania's Request
the Indians of Canayiahagon had taken up the Hatchet against the
French, and that I was the fittest man to receive it. I told him
that I had been concerned in Indian Affairs these many Years, but
I never knew that the Government of Pennsylvania had given the
Hatchet or employ' d any body to kill French Men, and that I was
sensible the Government had never requested the Indians at Canay-
iahagon to kill French Men, and therefore I could not recieve the
Scalp, and as I was well inform'd that this Scalp had been taken in
time of Peace I could in no ways receive it ; all White People would
look upon such Actions with Contempt, and as my Commission for
the Transaction of Indian Affairs did not extend to Ohio or Canay-
iahagon, but reached only to the Six Nations, I must leave that
Affair to those that had Correspondents that way to inform the Go-
vernment of it, and recieve an answer. I hoped he would excuse
me, and so we parted in Friendship.

" I must at the Conclusion of this recommend Shickalamy as a
proper object of Charity; he is extreamly poor; in his Sickness the
liorses have eat all his Corn; his Cloaths he gave to Indian Doctors
to cure him and his Family, but all in vain; he has nobody to hunt
for him, and I cannot see how the poor old Man can live ; he has
been a true Servant to the Government & may perhaps still be, if
he lives to do well again. As the Winter is coming on I think it
would not be amiss to send him a few Blankets or Match Coats,
and a little Powder & Lead if the Government would be pleased to
do it, and You could send it up soon. I would send my Sons with
it to Shamokin before the Cold Whcather comes.

" Olomipies is Dead; Lapaghuitton is allowed to be the fittest

PROVINCIAL COUNCIL. 139

to succeed him, but he declines ; he is afraid he will be envied, and
consequently bewitched by some of the Indians. However this
must lie still till next Spring, according to what Shickalamy says.

" It is my humble opinion that the Present intended for the In-
dians on the River Ohio should be larger. If that what George
Croghan is to take with him is intended for the Indians at Canayia-
hagon, the Indians at Ohio our much nearer Neighbours should
not be pass'd over without something. I arrived this Day about 12
of the Clock at my House in good Health, & I hope this will find
You in perfect Health & profound Peace of Mind, who am
"Sir,

" Your ever Dutiful,

" CONRAD WEISER.
"Tulphockin, October 15th, 1747.
".To Richard Peters, Esq1"-' Secretary of the Province of Penn-
sylvania."

Resolved, That a Present of Goods to the value of Sixteen
Pounds, or thereabouts, be made to Shikalamy, & that it be forth-
with provided & sent to Mr. Weiser, with a request to dispatch it
immediately by one of his Sons to Shamokin.

Mr. Logan inform'd the Council that there was a "Waggoner of
George Croghan's in Town, and that he had by Mr. Croghan's
Order call'd for the Goods designed as a Present to the Indians on
Ohio & at Canayihage, & he desir'd to know whether he might de-
liver them.

The Secretary having likewise received a Letter from Mr. Crog-
han in answer to his about these Goods, it was read, and the Council
not receiving that Satisfaction which they expected as to the Per-
son who was to be trusted with the Carriage of the Goods & the
delivery of their Message to the Indians, Mr. Logan received di-
rections to send the Goods by this Waggon to John Harris', to re-
main there till further Order, and the Secretary is order' d to dispatch
an Express forthwith to Mr. Weiser to let him know that the Goods
are sent there, & that the Council will proceed no further without
consulting him, & as the Season was far advanced they desir'd he
wou'd not fail to come & attend the Board as soon as possible.

140 MINUTES OF THE

At a Council held at Philadelphia the 9th Novr-< 1747.
present :

The Honoblc. ANTHONY PALMER, Esqr-" President.
Thomas Lawrence, William Till, S

Abranam Taylor, Robert Strettell, f ™

Joseph Turner, Thomas Hopkinson, j J *

William Logan, J

The Minutes of the preceding Council were read and approved.

The Secretary inform'd the Board that he had sent an Express
to Mr. Weiser, & receiv'd an answer from him that he wou'd be in
Town on Wednesday next. Mr. Weiser says in his Letter, that at
Lancaster he saw Ten Indians from Ohio on their way to Philada '
& that he wou'd endeavour to be in Town as soon as them.

The Petition and Confession of Barnes & Jones were again taken
under Consideration, and the Petitioners having made a further
Discovery by informing the Sheriff of the Place where the Stamps
where thrown, & they being accordingly found there & produced, It
was resolv'd upon the Question, That that part of the Sentence en-
joining the Pillorying the Petitioners be remitted, and that the
residue thereof be put in Execution. And it is further Ordered,
That Mr. Lawrence & Mr. Till be a Committee to see the said
Stamps utterly defaced, and that the same when defaced be pro-
duced at the Council.

The President having received a Letter from Governor Shirley,
Dated at Boston the 29th Day of October last, the same was read
in these words :

" Boston, October 29th, 1747.
"Sir:

" As a very great Expence to the Crown is running on whilst the
Accounts of the Forces rais'd within your Government for the Ex-
pedition against Canada are preparing and adjusting, Mr. Knowles
and I think it our indispensable Duty to send You the inclos'd Dis-
charge of them, which we desire you would have publish'd among
the Levies in such manner as you shall think proper.

" You will perceive by the Extract of the Duke of New Castle's
Letter, which we enclos'd in our last, that it His Majestie's Plea-
sure the Levies should be Discharged in the most frugal manner,
so that it is doubtless his Expectation that all such of them as have
not marched out of the Province or Colony where they were raised,
shou'd be paid off at the rate of the ordinary establishment for all
His Majestie's Regiments of Foot, viz.: 'the Private Men at the
rate of 6d. Sterling ^ Day, out of which a Stoppage must be made
of 4d. for their Provisions, so that there will remain to be paid to
them in Money only 2d. Sterling ^ Day j the Corporals after the

PROVINCIAL COUNCIL. 141

rate of 8d. *$ Day, out of which a Stoppage of 4d. for their Pro-
visions, so that 4d. Sterling ^ Day will remain to be paid in
Money to them ; the Sergeants after the rate of 1 Shill?- Sterr5* ^
Day, out of which a Stoppage must be made of 4d. for their Pro-
visions, so that there will remain 8d. Sterr5- ^jl Day to be paid to
them/ And this is agreable to the Terms of their Enlistment, in
which no more is promised than the usual Pay of His Majestie's
Troops, viz. : 6d. Sterl8- ^ Day for a private Man, 8cl. for a Cor-
poral, & 1 2d. for a Sergeant, out of which they find themselves
with Provisions, & where Provisions are found for them as in the
Case of Lt. General Phillips' Regiment posted in Nova Scotia &
Newfoundland, a Stoppage of 4d. Sterl5- ^ Day is made out of their
Pay for it ; & in this Case it makes no difference with respect to
the Soldiers that Provisions have been generally found for them at
the Charge of the Colonies where they were rais'd, and not the
Crown's; for that was not given them as the Bounty of the several
Colonies, but was required by His Majesty from those Colonies to
be done in ease of the National Expence, and as what was their
reasonable part of the Charges to be incurr'd by the late intended
Expedition, set on foot cheifly for the immediate Benefit of the
several Colonies concern'd in it; and considering these Troops have
not march'd out of their respective Colonies, they have no pretence
to expect more than was promis'd them by the Terms of their In-
listment, and ought to be satisfied with that.

" As to the method of paying off the Men when they are dis-
charg'd, it appears to Mr. Knowles and me that there are but two
Ways of doing it, viz. : either by procuring Money or Credit from
your Assembly, which we are commanded by His Majesty to re-
commend to You, or else by borrowing Money of the Merchants
upon Publick Bills, payable when the Parliament shall make Pro-
vision for defraying the Charges incurr'd on account of these
Levies; which Bills Mr. Knowles & I think shou'd be sold for
the highest Exchange that can be got for the benefit of the Men,
but not at a lower rate than 700 ^ Cent. Advance in Bills of the
old Tenor, or £800 of that Currency for £100 Sterl*; & if both
these Methods should fail, then we can't see what more can possi-
bly be done than to give the Men Certificates of what is due to
them at the time of their being discharged, with a promise of Pay-
ing them as soon as possible. But we hope there will be no neces-
sity of having recourse to this expedient.

" Mr. Knowles being much very engag'd in the Business of his
Squadron, which detains him great part of his time at Nantasket, has
desir'd me to take upon myself the settling of the Terms for paying
the Men off; and as he is under Orders from the Lords of Admir-
alty to repair to Jamaica to take upon him the Command of His
Majesty's Ships there, & designs to sail in about a fortnight, we
shall be glad to proceed as far as possible in the Execution of His

142 MINUTES OF THE

Majesty's Orders committed to our joint Care before he goes; and
besides, if the Accounts are not transmitted home in time to be
laid before the Parliament this Session, it may occasion a Delay in
raising the Money for defraying the Charges,

"Since Mr. Knowles' & my joint Letter to Your Honour, I am
informed by Mr. Secretary Willard that upon the first raising of
Troops in this Province for the Expedition against Canada in
Queen Ann's time, her Majesty expressly promis'd (among other
things) as an Encouragement for Voluntiers to inlist, that they
shou'd retain their Arms, which had been provided for them by the
Crown. But as the Expedition did not proceed that Year, and the
Queen sent Orders to disband those Levies, which was done, this
Government then thought proper (notwithstanding the Queen's ex-
press Promise, and those Troops had march'd out of the Province
to be ready to proceed by Land to Canada) to make the Soldiers
deliver up their Arms, as they had not actually proceeded to
Canada, in order to be kept for the Service of the Expedition when
it should be prosecuted, which seems to be the Case where the
Men had far greater reason to expect to retain their Arms than
they have in this, especially as the Duke of New Castle, in his
Letter to me of the 30th May, only says that ' His Majesty had
laid aside the design of the Expedition for the present.'

" It was necessary to transmit to You the Terms for the Pay-
ment of the Men and Non-Commissioned Officers, together with
the enclos'd Discharge of them j As to the Officers, it may be time
enough to send You Mr. Knowles' & my opinion of the Terms on
which they shou'd be paid off, by the Post following, he being now
at Nantasket; With Regard to myself, I must, in the meantime, say
that I think they ought to have the full Sterling Pa}^ which the
Officers of his Majesty's other Troops in their Ranks receive.
"I am, with very great regard,
"Sir,

" Your Obedient humble Servant,

" W. SHIRLEY."

Discharge of the Levies raised for the Expedition against Canada.

" His Grace the Duke of Newcastle having in his Letter to Gov-
ernor Shirley signified that His Majesty finding it necessary to em-
ploy the greatest part of his Forces to assist His Allicb and defend
the Liberties of Europe, had thought proper for the present to lay
aside the prosecution of the intended Expedition against Canada,
and commanded him & Governor Knowles to discharge all the
Forces raised for that Service (except such as they should judge
necessary to be kept in Pay for securing the Province of Nova
Scotia), and to thank the Officers & Men in His Majestie s Name for
their readiness & Zeal to enter into His service.

, PROVINCIAL COUNCIL. 143

"In consequence thereof We do hereby discharge all the said
Officers & Men (except four hundred) out of His Majestie's Service
from the 31st October, 1747, and they are hereby discharged ac-
cordingly.

" And We do also Thank them in His Majestie's Royal Name
for their readiness to engage in their Country's Cause against the
common Enemy; and though they are prevented at present of re-
venging themselves on a cruel, perfidious Enemy, it cannot be
doubted but the same Zeal & Spirit will always animate them to
serve whenever they are called upon. Given under our Hands this
28th Day of October, 1747.

"W. SHIRLEY,
"CHAS. KNOWLES."

Mr. Till, Mr. Taylor, & Mr. Hopkinson are appointed a Commit-
tee to prepare an Answer to the same against to-morrow morning,
to which time the Board adjourn' d.

At a Council held at Philadelphia, 10th November, 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ")

William Till, Abraham Taylor, |

Robert Strettell, Benjamin Shoemaker, V Esqr's.

Joseph Turner, Thomas Hopkinson,

William Logan.

The Minutes of the preceding Council were read and approv'd.

Mr. Till, Mr. Taylor, & Mr. Hopkinson, the Committee appointed
to prepare Draughts of Letters to be sent to Governor Shirley and
Admiral Knowles & Governor Clinton, produced the same to the
Board, which were read and approved, and follows in these words,
viz. :

" Philada- Nover- 10th, 1747.
" Sir :

" Your Excellency's Letter of the 29th, October last, was deliv-
ered to me on Sunday, and yesterday I laid it before the Council,
together with the Discharge of the Levies raised within this Pro-
vince for the Expedition against Canada, dated the Day before, and
by their advice I have this Day forwarded it by Express to Gover-
nor Clinton, as those Forces have all along been within his Govern-
ment & under his command. In a Letter I have the honour to
receive from him, he informs me he has paid off the Private Men
to the 24th June inclusive, and the subalterns two Months pay from
the Dates of their Commissions ; and as his Excellency when he

144 MINUTES OF THE

advanced this Pay for them had no doubt a regard to the Terms on
which they were Inlisted, it cannot be supposed that any alteration
can be now made therein without Murmer & Discontent, especially
as the Soldiers have had hard Duty during a long Winter, & in a
very cold Country. Your Excellency supposes the Pennsylvania
Companys to have remained in thia Province in good Quarters, but
this is not the Case. The settlement however of their Pay, whether
this does or does not make any difference between their Case & that
of the Men belonging to Coll0- Phillips' Regiment, must be entirely
left to the Judgment of Governor Clinton on what Your Excellency
has wrote to him on this subject which I presume is the same as
what I have the honour to receive from You.

u In case the Proclamation published for their Encouragement to
Inlist shou'd be mention'd by the soldiers, I have sent a Printed
one to G-overnor Clinton, and likewise enclose one to Your Excel-
lency, and if either the Proclamation or the Men's having March'd
out of the Province and having remain'd iu actual Service from the
time their Companies were compleat, shall cause a change in Your
Excellency's Sentiments, You will be pleased to communicate such
Change, and give the necessary directions, the Council requesting
me to assure You that they will with great Zeal and heartiness lay
before the Assembly, which they have Summon' d to meet for this
purpose on the 23d Instant, everything recommended to them for
His Majestie's Service, which they desire to promote by every
method in their Power on this and all other Occasions.
"I am with perfect Esteem,

" Your Excellency's most obedient humble Servant,

" ANTHONY PALMER.

" His Excellency William Shirley, Esqr."

"Philada., Novr- 10th, 1747.
" Sir :

" On Sunday I received the inclos'd Discharge from Govr' Shir-
ley in a Letter requesting, among other Things, it might be pub-
lished among the Levies raised in this Province for the Expedition
against Canada, and having yesterday laid them before ye Council,
I do by their Advice transmit it to you.

" On His Majestie's Orders, signified by the Extract of the Duke
New Castle's Letter, and by the joint Letter of Governor Shirley &
Admiral Knowles, Copys whereof were sent to Your Excellency by
Mr. Lawrence while I was in the Lower Counties.

" The Assembly is summon'd to meet on the 23d Instant, and
as I depend on Your Excellency to furnish the Council with an
Account of what has been paid the Pennsylvania Forces under Your
Command, <fe what still remains due to them, & with Materials to
answer the several Queries put by Admiral Knowles & Governor

PROVINCIAL COUNCIL. ■ 145

Shirley, I most earnestly repeat my Request to Your Excellency
to honour me with a full Letter on this Important Affair, time
enough for the Council to form from thence a proper Message to
the Assembly.

" Your Excellency will he pleased to be referr'd to Governor
Shirley's Letter of the 29th October last (as I suppose he wrote in
the same manner to all the Governors) for his Sentiments about
the Pay of the Levies, their Arms and other things relating to
them ; And as I am an entire Stranger to Millitary matters, and
to the particular Circumstances of those Levies, having no other
Judgment to form of what is proper to be done than from the Pro-
clamation issued by Governor Thomas to encourage them to Inlist,
I shou'd be extremely obliged to Your Excellency if You wou'd
favor me with Your Sentiments on these Several Points.

" As Governor Thomas's Proclamation may be mention'd by the
Officers or Soldiers, I herein inclose a Printed one, and am with
very great Regard,

" Your Excellency's most obedient humble Servant,

" ANTHONY PALMER.
"His Excellency George Clinton, Esqr."

Order' d, That fair Copies be immediately made and sent with
the Papers therein mentioned by Express.

Mr. Lawrence & Mr. Till agreable to an Order of the last Coun-
cil produc'd to the Board the Stamps for coining Pieces of Eight
entirely defac'd.

At a Council held at Philadelphia, 13th Novr" 1747.

PRESENT I

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hassell, ^

William Till, Abraham Taylor, I ™

Robert Strettell, Benjamin Shoemaker, [ ^rs°

Joseph Turner, William Logan, J

Ten Indian Warriors from Ohio having arrived in Town on
Wednesday, the President sent them a Message yesterday by Mr.
Weiser, the Interpreter, to bid them welcome ; and understanding
that they were desireous to be heard to-day, he summon'd the Coun-
cil for this purpose. Mr. Weiser attending he was sent to tell the
Indians the Council was sitting and ready to receive them. They
immediately came. The President inform' d them the Council were
glad to see their Brethren ; took their Visit kindly, and desired to
know what they had to Communicate.
VOL. V.—10.

146 MINUTES OF THE

After a Pause, rose up and spoke as follows :

" Brethren the English, the Governor of York, the Commission-
ers at Albany, the Governor & Counsellors of Pennsylvania :

" We who speak to you are Warriors living at Ohio, and address
You on behalf of ourselves and the rest of the Warriors of the Six
Nations.

" You will perhaps be surpriz'd at this unexpected Visit ; but we
cou'd not avoid coming to see You, the times are become so critical
& dangerous. We are of the Six Nations, who are your antient
Friends — having made many Treaties of Friendship with the Eng-
lish, and always preserved the Chain bright. You know when our
Father the Governor of Canada declar'd War against our Breth-
ren the English, You, the Governor of York, the Commissioners of
Indian Affairs at Albany, the Commissioners for this Province sent
to inform the Council at Onondago of it, and to desire that they
wou'd not meddle with the War ; that they wou'd only look on &
see what wou'd be done ) that we, the Indians, wou'd let you fight
it out by yourselves, and not pity either side ; and that we wou'd
send to all the Nations in alliance with us to do the same. And,
accordingly, the Indians did send to all their Friends and Allies,
and particularly to the Indians about the Lakes, and in the Places
where we Live, requesting they wou'd not engage on either side ;
and they all stood Neuters except the French Praying Indians, who,
tho' they promised, yet were not as good as their words. This is
the first thing we have to say to our Brethren, and we hope they
will receive this in good part, and be willing to hear what we have
further to say.

" Brethren :

" When the Indians received the first Message from the English,
they thought the English & French wou'd fight with one another at
Sea, and not suffer War to be made on the Land j but sometime after
this Messengers were sent to Onondago by all the English to tell us
that the French had begun the War on the Land in the Indian
Countries, and had done a great deal of Mischief to the English, &
they now desir'd their Brethren the Indians wou'd take up the
Hatchet against the French, and likewise prevail with their Allies to
do the same. The old men at Onondago, however, refus'd to do
this, and wou'd adhere to the Neutrality. And on their declaring
this, the English sent other Messengers again and again, who pressed
earnestly that the Indians would take up their Hatchet ; but they
were still denied by the old Men at the Fire at Onondago, who, un-
willing to come into the War, sent Message after Message to Canada i
and Albany to desire both Parties wou'd Fight it out at Sea. At u
last the Young Indians, the Warriors, <fe Captains consulted together j
& resolved to take up the English Hatchet against the will of their I
old People, and to lay their old People aside as of no use but in il
time of Peace. This the Young Warriors have done — provoked to i

'i

PROVINCIAL COUNCIL. 147

it by the repeated Applications of our Brethren the English. And we
are now come to tell you the that French have hard Heads, and that
we have nothing strong enough to break them. We have only little
Sticks & Hickeries, and such things that will do little or no service
against the hard Heads of the French. We therefore present this
Belt to desire that we may be furnished with better Weapons, such
as will knock the French down; and in token that we are hearty
for You, and will do our best if you put better Arms into our Hands7
we give you this Belt/'

Here they gave a Belt of seven Rows.

" Brethren :

u When once we, the Young Warriors, engaged we put a great
deal of Fire under our Kettle, and the Kettle boil'd high, and so it
does still (meaning they carried the War on briskly), that the French
Men's Heads might soon be boil'd; But when we looked about us
to see how it was with the English Kettle, we saw the Fire was
almost out, & that it hardly boil'd at all, & that no French men's
heads were like to be in it. This truly surprizes us, & we are come
down on purpose to know the reason of it. How comes it to pass
that the English, who brought us into the War, will not fight them-
selves ? This has not a good appearance, and therefore we give you
this string of Wampum to hearten and encourage you, to desire you
wou'd put more Fire under your Kettle."

Here they presented the string of Wampum of 7 strings.

" Brethren :

"We have now done with general Matters, but old Scaiohady
desires to inform the Council that he was here in James Logan's
time, a long while ago, when he had but one Child, and he a little
one; that he was then employ' d in the Affairs of this Government;
that James Logan gave him this String to assure him if he ever
shou'd come to want & apply to this Government they wou'd do
something for him. Scaiohady is now grOwn old & infirm, & re-
commends himself to James Logan's & the Council's Charity."

Here he laid down a String of Wampum.

The Indians withdrew, & the Council adjourn'd to Eleven O'Clock
to-morrow morning.

In the Council Chamber, 14th November, 1747.
present :
Thomas Lawrence, Robert Strettell, ) ™

Benjamin Shoemaker, William Logan, j •Ls(lrs'

The President being indisposed & the other Members not attend-
ing there could be no Council.

The Members present judg'd that before the heads of an Answer
to the Speech of the Indians cou'd be considered, it was necessary

148 MINUTES OF THE

previously to Learn from Mr. Weiser the particular History of these
Indians, their real disposition towards Us, and their future designs;
and accordingly sent for him. He said the Indians had in part told
him their mind, and he thought they might be brought to tell him
more, and when they did he wou'd inform the Council.

The Members likewise judged that it might be of Service to know
Mr. Logan's Sentiments about what might be proper to be said to
the Indians, & requested Mr. Weiser & the Secretary to wait on
him for that purpose.

At a Council held at Philadelphia the 16th November, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, "1

William Till, Abraham Taylor, ! -™

Robert Strettell, Benjamin Shoemaker, | ^

Thomas Hopkinson, William Logan, J

Mr. Weiser attending was called in, and inform'd the Council
that he had Learn' d the following particulars from the Indians,
viz. : That last Summer the Governor of Canada had sent the
Hatchet to the Indians about the Lakes and on the branches of
Ohio; that one Nation took it up; and that these Indians and the
Indians in those Quarters, consisting principally of Warriors, being
afraid others wou'd do the like, to prevent this took up the English
Hatchet and proclaim'd War against the French, which had a good
effect, no more daring after this to meddle with the French Hatchet;
That these Indians on Ohio had concluded to kindle a Fire in their
Town, and had invited all the Indians to a considerable distance
round about them to come to their Fire in the Spring, and that they
had consented to it. Mr. Weiser added that the Indians in the
Parts these People came from were numerous, not less than Five
hundred Men, and had many Allies more numerous than them-
selves ; That it was always the Custom in War time to put the
management into the hands of the Young People, & that it
would be of the most pernicious Consequence not to give them
encouragement at this time, and particularly he thought the
Council should at least tell them they approv'd of their taking;
up the Hatchet, & acknowledge the Service done to the Eng-
lish by their seasonable declaration in their favour. He thought
Providence had furnished this Province with a fine opportunity of !
making all the Indians about the Lakes their Friends, & warm Friends ;,
too. Mr. Weiser being ask'd what sort of a Present should be ;'
given them at this time, he said Goods were now so dear that the
value of One hundred Pounds wou'd appear but small, that they J
should have so much given them at least, and half as much to the I
Canayiahaga Indians ; Not that this was by any means sufficient, I

PROVINCIAL COUNCIL. 149

but wou'd be a good Salutation Present, and preparatory to a larger
to be sent in the Summer. This he judg'd necessary to be done,
and that they should be told of the future Present, And tho' he had
never been in those Parts, yet he judg'd the attaching these Indians
and their Friends to the English Cause to be so necessary that he
wou'd, if the Council pleased & his Health shou'd permit, go with
the Present himself, and see with his own Eyes what number of
Indians were there, & in what disposition. He said further, that he
accompanied the Secretary to Mr. Logan's yesterday, & that the
Secretary had informed Mr. Logan of all these particulars, and taken
his Sentiments in writing, and on them form'd the Plan of an an-
swer. The Board order' d the Secretary to read what he had wrote,
and on considering this & Mr. Weiser's Information, an answer was
agreed to and the Presents settled. The Council adjourn' d to 4
o'Clock in the Afternoon, and directed that the Indians should be
told to be there in order to receive the answer of the Council to
their Speech.

At a Council held at Philadelphia, 16th Novr-' 1747, Four o'Clock
in the Afternoon.

present :
The Honoble. ANTHONY PALMER, Esqr., President, and the
same Members as in the Forenoon.

The Indians having taken their Seats the President spoke as fol-
lows:

" Brethren, Warriors of the Six Nations —
" We, the President & Council of the Province of Pennsylvania,
have taken what You said to Us into Consideration, and are now
going to give you an answer.

" We are always glad to see our Brethren, and are particularly
pleas'd at this critical time with your present Visit. You are sen-
sible of the constant Freindship this Government has always shown
to the Indians of the Six Nations, and that from their first Settle-
I ment in the Country their Interest has been put on the same foot
i|with our own; And as long as you shall act up to your Engage-
Iments you will never want the most substantial proofs that we can
give of our Regards to your Nations.

" You tell us that at the beginning of the War you received a

Message from all the English to stand Neuter, and to prevail with

your Allies to do the same ; that in compliance therewith you did

stand neuter, & all your Allies except the Praying Indians, who

I ipromis'd and broke their word; That the French commencing Hos-

I tilities, you received repeated Messages from the English to con-

] jtinue Neuter no longer, but to take up their Hatchet against the

[French, and that you and your Allies have accordingly done this.

150 MINUTES OF THE

Brethren, You did well to hearken to the Messages sent by The
English. Your Allies so readily concurring with you, shews you
keep up a good understanding with them, for which you are to he
commended. You live in small Tribes at a distance from one an-
other. Separate, you will be easily overcome; United, it will be
difficult if not impossible to hurt You. Like the Strings on which
you put your Wampum, a single Thread is soon snapp'd, a few re-
quire more strength, But if you weave them into a Belt and fasten
them tight together, it must be a strong hand that can break it.

11 We are pleas' d to hear that at the pressing Instances of the
Governors of New York & New England, you have taken up the
Hatchet against the French, who you know, notwithstanding their
fair Speeches, have been from the beginning your inveterate Ene-
mies; And in Confirmation that We approve of what you have done,
we give you this Belt.

" By your String of Wampum you tell us that you observe the
English Kettle does not boil high, & you give the String to all the
English to encourage them to put more Fire under their Kettle.

" As you Address this to all the English, we shall send your
string to the other Governors. But to lessen your Concern on this
account, We are to apprize you that the French were sending large
Forces in big Ships well arm'd with great Cannon over the Seas to
Canada, that the English pursued them, attack' d them, took their
Men of War, killed a number of their Men, & carried the rest
Prisoners to England. This Victory put a stop for the present to
the Expedition intended against Canada. You are, therefore, not
to judge by the appearance things make now that the English Fire
is going out, but that this is only accidental, & it will soon blaze
again.

" As this is the first Yisit paid us by our Brethren the Warriors
living on the Branches of Ohio, to shew that we take it kindly of
them, and are desirous to cultivate & improve the Friendship sub-
sisting between the Six Nations & Us, we have provided a Present
of Goods, a list whereof will be read to You at the close of our
Answer. They are at John Harris', & the Interpreter will go
along with You & deliver them to you there. In the Spring we
propose to send Mr. Weiser to You, & he will be furnish'd with a
proper Present to be distributed to all the Indians at Ohio, at Cana-
yiahaga, & about the Lake Erie. In confirmation of what we say '
we give you this string of Wampum.

" Having received by the Traders a kind Message from the Cana- .-'
yiahaga Indians, to let them see we are pleased with it, We have (
sent them a small Present of Powder & Lead by Mr. Croghan i
which you will inform them of, and likewise of our further inten- j
tions in their favour with this String of Wampum, which is given ji
you for that purpose.

"The President & Council at your recommendation will take care I

PROVINCIAL COUNCIL.

151

to give Scaiohady a Present for his own private use, & his old friend
Mr. Logan will do the same."

A String of Wampum.

The Indian Speaker having consulted with Scaiohady, took up
the Belt and Strings of Wampum in the order they were presented,
and repeating the Substance of every Paragraph, express' d high
Satisfaction at what the Council had said, & promised to send the
String of Wampum to the Canayiahaga Indians, who being their
own Flesh & Blood they were pleased with the Regards shewn to
them; And in Testimony of their entire Satisfaction & Devotion
to the English Interest they gave the Indian Marks of Approbation
and Danced the War Dance.

A List of Goods bought for the Ohio Indians,

viz. :

4 Barrells of Gunpowder

-

- @£11

£44 0

0

5 cwt. Barr Lead

_

40s.

10 0

0

8 Guns -

_ •

50s.

20 0

0

2 Pieces Striped Duffels

-

£14

28 0

0

1 Piece Blew Strowds

-

-

15 0

0

1J Dozen Tomhawks

_

80s.

2 5

0

10 lb. Vermillion

_

18s.

9 0

0

10 doz. best Knives -

-

- 9s. 6d.

4 15

0

2 m. Flints

_

15s.

1 10

0

6 doz. Screw Boxes -

_

18d.

0 9

0

5 lb. Red Lead

_

9d.

0 3

9

Cash paid John Smith the Waggoner for Carriage )

4 17

0

up to John Harris'

-

" " -i

i Cask of Gunpowder

-,

2 15

0

1 doz. Looking Glasses

_

_

0 19

0

1 doz. Knives -

0 9

6

Cash paid for Pipes & Tobacco -

-

1 1

6

i cwt. Turkey shot -

-

-

1 3

9

1 cwt. Bread -

0 18

0

11 pair of Sizzars

..

-

0 3

3

1 Groce of Awl Blades

-

-

0 18

0

£148 7 9

A List of Goods bought for the Canayiahaga Indians,
4 cwt. Barr Lead - @ 45s.

3 half Barrells & 2 Quarter Casks of Gunpowder -
2 doz. best Knives - @ 10s. 6d

4 Guns -.-... 55s.

1,000 Flints

Cash paid John Smith, Waggoner

£9

0

0

24

0

0

1

1

0

11

0

0

1

5

0

1

12

6

£47 18 6

152 MINUTES OF THE

A List of Goods bought for Shikalamyj viz.

5 Strowd Match Coats - - @ 28s
\ Cask of Gun Powder -

J cwt. Barr Lead - 40s

15 Yards of Blew Half Thicks - - 3s. 2d

1 doz. best Buckhafted Knives -

4 Duffell Match Coats - 15s

£7 0

0

2 15

0

1. 1 0

0

I. 2 7

6

0 9

0

j. 3 0

0

£16 11

6

At a Council held at Philadelphia 17th Novr., 1747.

PRESENT :

The HonobWAN^HONY PALMER, Esqr., President.

Thomes Lawrence, Samuel Hasell, ")

William Till, Abraham Taylor, v Eqrs.

Robert Strettell, Thomas Hopkinson, J

The Minutes of the preceding Council were read and approved.

Mr. Till, Mr. Taylor, & Mr. Hopkinson were appointed a Com-
mittee to prepare the Draught of a Message to the Assembly on the
several Letters receiv'd from Governor Shirley, Admiral Knowles,
& Governor Clinton, & likewise another Message to accompany the
Indian Treaty.

At a Council held at Philadelphia the 20th Novr., 1747.

PRESENT I

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, William Till, ~\

Abraham Taylor, Robert Strettell, > Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read and approv'd,

The President having received a Letter from Governor Clinton?
inclosing an Account of the Monies paid by him for the use of the
four Pennsylvania Companies, together with an Estimate of what
he, on conferring with some of the Pennsylvania Officers at New
York, judg'd still to be due to them, the same were read & ordered
to be laid before the Assembly at their meeting.

A Letter from Governor Shirley was likewise read & order'd to
be enter'd, & referr'd to the Committee, to be recommended to the
Assembly in the same Message with the Indian Treaty.

" Boston, November 9th, 1747.
"Sir:

" I am to inform your Honour that at a meeting of Commiss"'

PROVINCIAL COUNCIL. 153

from the Government of the Massachusetts Bay, New York, & Con-
necticut, at the City of New York in September last, It was agreed
in behalf of the said Governments that an Expedition shou'd be
undertaken against the French Fort at Crown Point • That certain
Measures shou'd be us'd to retain & confirm the Indians of the Six
Nations & others in Alliance with them in the Interest of the Eng-
lish Governments, & other matters were agreed upon for the Defence
of the English Colonies against the French & Indian Enemy j and
also that there should be another Meeting of the Commissioners
about the middle of December next, and that in the meantime all
the other Governments from New Hampshire to Virginia should be
Invited & earnestly urg'd to join in this Publick & Important
Undertaking, wherein his Majestie's Honour & the Interest of all
Subjects in North America are so deeply concerned. The Agree-
ment of the Commissioners was laid before the General Assembly
of this Province in their late Session, but finding so thin an appear-
ance of the Representatives and most of the principal Members
absent, I judg'd it best to adjourn the Assembly to Tuesday the
seventeenth Instant, that these matters might be considered in a full
Court, By which means it will be later before our General Assem-
bly can determine upon them than was expected, which obliges me
to entreat You to order your Publick Business so as that your
General Assembly may be able to meet about the time when You
may expect to know our Resolutions upon this Affair. And I doubt
not but you are so fully appriz'd of the great Importance it is of to
His Majestie's Service in North America to have the Indians of the
Six Nations and others in Alliance with them kept in Friendship
with us and not suffered to go over to the French, which there is
the utmost Danger of unless all these Colonies shall unite with
their greatest Zeal & Expedition to improve this favourable oppor-
tunity for fixing those Indians in the English Interest. I am in-
formed from those that know the Situation of the Countrey, that if
the Six Nations should join with the French, the Colonies of New
Jersey and Pennsylvania will have but a very thin Barrier between
them & the Enemy, which would probably in such Case stand but
a few Months, & then those Provinces would lye as much open to
the Enemy as those of the Massachusetts Bay & New York, which
would be so unhappy an Event that I am persuaded the Wisdom of
making seasonable Provisions against it must be very manifest to
You, and therefore that the Regard & Concern you have for the
Prosperity of the Province under your immediate Government will
prompt you to do every thing in your power to promote the design
now on foot for securing the Six Nations in our Interest, & de-
stroying or at least weakening the Power of the French.
" I am, with great Regard, Sir,

" Your most obed'- humb. Servant,
«W. SHIRLEY."

154 MINUTES OF THE

The G-entlemen of the Committee having prepar'd the Draught
of a Message to the Assembly according the directions of the last
Board, the same was settled & ordered to be copied fair,to be Sign'd
by the President on Tuesday morning the 24th Instant, to which
time the Council adjourned.

At a Council held at Philadelphia the 24th Novr-' 1747.

PRESENT :

The Honoble Anthony Palmer, Esquire, Presid'-
Thomas Lawrence, Samuel Hasell, "}

William Till, Abraham Taylor, [

J-Esqrs.

Robert Strettell, Joseph Turner,

Thomas Hopkinson, William Logan, j

The Minutes of the preceeding Council were read and approv'd.

Two Members of Assembly being sent from the House with a
Message, they were called in, & inform'd the Board that the House
was met according to their Summons, & desir'd a Copy of one of
the Writs by which they were Summon' d.

The Message to the Assembly was again read & Signed by the
President.

A Message from the President & Council to the Assembly.
u G-entlemen :

" You are called together at this time in pursuance of certain
Instructions from His Grace the Duke of Newcastle, dated the 30th
May last, ' Signifying that it was His Majesty's pleasure that Gov-
ernor Shirley should immediately appoint a Meeting with Commo-
dore Knowles at such Place as shou'd be agreed upon, & consider
with him the present State of Nova Scotia & Louisbourg, and take
the proper Measures for the Defence of those places, and as it is
His Majestie's Intention that the Americans shou'd be immediately
discharged, except only such few as are mention' d, and that when
Governor Shirley & Mr. Knowles shall have met k fully consider'd
the Service to be undertaken in the manner directed, and shall have
agreed what number of Americans it will be necessary to keep in Pay
for that purpose, It is His Majestie's pleasure that he shou'd procure
an Account of the whole Expence on Account of the American Troops
from the time of their being levied to the time of their Discharge, and
when the same shall be adjusted & Liquidated, to transmit it to His
Grace with the proper Vouchers from the several Governors, that it
may be laid before Parliament, to the End that Provision may be made
for the Payment ; and in the meantime, in order to prevent any
Complaint amongst the Men that have been Inlisted (as well those
that shall be discharged as those that shall continue in Service) for

PROVINCIAL COUNCIL. 155

want immediate Pay, to recommend it to the Governors of the Pro-
vinces where these Services have been made to procure Credit from
the respective Assemblies for that purpose, which His Majesty
hopes may be done without Difficulty/

"In Obedience to his Majestie's Commands We do therefore
most earnestly recommend it to You that You wou'cl immediately
provide Money or Credit for the Payment of such Sums as shall
remain due to the Forces rais'd in this Government at the time of
their Discharge, an Estimate whereof sent us by Governor Clinton
we have order' d to be laid before You, together with the several
Letters & Papers we have received from Governor Shirley, Admiral
Knowles, & Governor Clinton, on this Subject.

u You will perceive, Gentlemen, by the above Instructions that
an Account must be prepared of the whole Expence of the Penn-
sylvania Companies from the time of their being Levied to the time
of their Discharge. You will therefore furnish Us with the Votes
& Minutes of Your House & such other Materials in Your Power
as shall be necessary, & that with all the Dispatch possible, so that
they may be transmitted to His Majesty time enough to be laid
before the Parliament at their next Session.

" As His Majesty hopes what is demanded will be done without
Difficulty, You will no doubt consider of the most effectual ways to
answer His Majestie's Expectations.

"ANTHONY PALMER, Presid'-

"November 24th, 1747."

The Secretary is order'd to deliver it immediately, together with
one of the Writts.

The Gentlemen of the Committee having finished their Draught
of a Message to the Assembly to accompany the late Indian Treaty,
& to recommend the Services mentioned by Governor Shirley in his
Letter of the 9th Instant, the same was read and approved, & or-
der'd to be wrote fair & Sign'd & laid before the House as soon as
there shou'd be reason to think they were come to some Conclusion
on the several matters before them.

The Board call'd for the Assembly's last Message in answer to
their' s on the State & Condition of the Province, but not concluding
on any thing to be said in reply, they postpon'd the Consideration
thereof to another Day.

The Clerk of the Supreme Court having deliver'd in a fair Copy
of the Record of the Conviction of Patrick Burne, Michael Burne,
& William Ward, of the City of Philadelphia, Labourers, who were
found guilty of Burglary at the late Court of Oyer & Terminer, &
lay under Sentence of Death, the same was read, & after hearing a
relation of the Circumstances which appeared on the Tryal by Mr.
Till, one of the Supreme Judges, & likewise an account of what

156 MINUTES OF THE

appear'd by Examinations on their Commitment from Mr. Law-
rence & Mr. Turner, the Justices who committed them, The Board
was of Opinion that from any thing which appear'd at present they
did not merit Mercy, & therefore order'd the Secretary to prepare
the Draught of a Warrant for their Execution, to be laid before the
Board on Thursday next, at which time they propos'd to take their
Case further into Consideration, & that they might be fully inform'd
of every thing relating to them the Secretary was order'd to call
upon the Justices of the Supreme Court for their Report of the
Tryal.

At a Council held at Philadelphia the 25th Novr. 1747.

PRESENT I

The Honoble. ANTHONY PALMER, Esquire, President.
Thomas Lawrence, William Till, ~\

Abraham Taylor, Robert Strettell, V Esqrs.

Joseph Turner, William Logan, )

The Minutes of the preceeding Council were read & approv'd.

The Message agreed to yesterday was Sign'd & left with the Sec-
retary, together with the Papers referr'd to therein, to be deliver'd
to-morrow morning.

A Message from the President & Council to the Assembly.

" Gentlemen :

" You will see by the Papers which are ordered to be laid before
you that we have had a Treaty with some Indian Warriors from
Ohio, who came to Town for that purpose. By them we are given
to understand that the Tribe of Indians, being a mixture of the Six
Nations, to which these Warriors belong, have actually resolved to
adhere to their Brethren the English against the French, & pro-
pose to kindle a great Fire at Ohio in the Spring, to which they
have Invited the Indians living round about them to join with them
in these Resolutions.

"This is an extraordinary Event in our favour which ought to be
improv'd to the greatest Advantage. From the Situation of these
People, being mostly within the Limits of this Government, they
are capable of doing or preventing the greatest Mischiefs; and
from what passed at a Conversation between them & the Inter-
preter, there is reason to apprehend that without Encouragement
from this Province they may be seduced by the French to go over
to their side, whereby the Lives of the back Inhabitants will be in
the utmost Danger. These Considerations have induc'd us to give
them the Goods mentioned in the Account delivered you herewith,
and to promise to send the Interpreter with a larger Present to
their Fire at Ohio in the Spring. You will, therefore, take care at

PROVINCIAL COUNCIL. 157

this Session to come to such Resolves as will enable us to make
good our Engagements.

"The last Post brought a Letter from Governor Shirley, dated
at Boston the 9th of November, 1747, purporting that at a Meet-
ing of Commissioners from the Government of the Massachusetts
Bay, New York, and Connecticut, at the City of New York in Sep-
tember last, it was agreed in behalf of the said Governments that
an Expedition shou'd be undertaken against the French Fort at
Crown Point ; That certain Measures shou'd be used to retain &
confirm the Indians of the Six Nations & others in Alliance with
them in the Interest of the English Governments, and other Mat-
ters were agreed upon for the Defence of ' the English Colonies
against the French and Indian Enemy; and also that there shou'd
be another Meeting of the Commissrs. about the middle of Decem-
ber next, and that in the mean time all the other Governments
from New Hampshire to Virginia shou'd be invited & earnestly
urged to join in this Publick & Important Undertaking, wherein
His Majestie's Honour and the Interest of all His Subjects in North
America are so deeply concern'd. The Agreement of the Commis-
sioners was laid before the General Assembly of that Province in
their late Session, but finding so thin an appearance of the Repre-
sentatives, and most of the principal Members absent, Mr. Shirley
judg'd it best to adjourn the Assembly to Tuesday the Seventeenth
Instant; this obliged him to entreat the Government of Pennsyl-
vania to order their Publick Business so as that the Assembly may
be able to meet about the time when we may expect to know their
Resolutions upon this Affair/

" As the Province of Massachusetts Bay is suppos'd to be now
sitting, & we may every Day expect to receive their Resolves in
order to be laid before You for your Sentiments & Concurrence, &
as we cannot think but You will heartily join in promoting every
Scheme that shall appear to contribute to retain & encrease the
Friendship of the Indians, you will readily comply with Mr. Shir-
ley's Request.

"ANTHONY PALMER, President.

"25th November, 1747."

A Petition from the Criminals under Sentence of Death was read,
& likewise a Letter from the Chief justice relating to them, & the
Consideration thereof was postpon'd till to-morrow, to which time
the Council adjourn'd & the Secretary was order'd to tell the ab-
sent Members that their attendance was required.

158 MINUTES OF THE

At a Council held at Philadelphia, 26th November, 1747.

present :
The Honoble. ANTHONY PALMER, Esqr. President.

Thomas Lawrence, Samuel Hasell, ")

William Till, Abraham Taylor, |

Robert Strettell, Benjamin Shoemaker, ^Esqrs.

Joseph Turner, Thomas Hopkinson,

William Logan, J

The Minutes of the preceding Council were read and approv'd.

The Petition from Patrick Burne, .Michael Burne, & William
Ward, Prisoners under Sentence of Death, & the Chief Justice's
Letter in relation to them, were again read, & after much Delibera-
tion the Board determin'd that the Warrant shou'd be Signed to the
Sheriff for their Execution on Saturday the 7th Day of December,
of which the Criminals were to have immediate Notice.

The Consideration of the State of the Province was again re-
sum' d, and from the Accounts brought by Persons of Credit, some
of them belonging to this Port, who had been taken by the Ene-
mies Privateers & carried Prisoners into one or other of the Spanish
or French Islands, it appear' d that Several Privateers from dif-
ferent Places might be expected to come on the Coast in the Spring, &
numbers falling into Company together, tho' there shou'd not have
been any Scheme previously concerted (which is also very much to
be fear'd), might join Forces and attempt the City. It further ap-
pear'd that the Inhabitants of the City, to the number of 260, had
from these just Apprehensions presented a Petition to the Assem-
bly to put the City & Province into some Posture of Defence, and
that many Hundreds had enter'd into an Association for the gen-
eral Defence of the City & Province, & intending to erect one or
more Batteries at the narrowest & most proper Places of the River,
had petitioned the honoble. Prop'8 for an early Supply of Cannon
& Arms ) and that the Corporation, concurring with the Associa-
tors, had likewise preferred a Petition to the Proprietaries, setting
forth the defenceless Condition of the City, & praying their aid &
an early Supply of Cannon, &c. It further appeared that the Mer-
chants of the City had Petition' d the Board of the Admiralty for a
Man of War to be sent early enough to protect the Trade, & to
prevent or defeat the mischievous designs of our Enemies.

On Consideration hereof, the Board resolv'd to give all due Pro-
tection & Encouragement to the Members of the Association, it
being the only Method thought on likely to preserve the Lives &
Properties of their Fellow-Citizens in case of a Descent; and like-
wise to give the Proprietors an account of what was propos'd to
be done for the Defence of the Place, and to bespeak their favour-
able Reception of the several Addresses which would go by this

PROVINCIAL COUNCIL. 159

Conveyance; and Mr. Taylor & Mr. Hopkinson are desir'd to pre-
pare the Draught of a suitable Letter to them on this Important
Occasion.

At a Council held at Philada. the 28th Novr., 1747.

PRESENT I

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, ") -^

Robert Strettell, Thomas Hopkinson, j ±jS(*rs'

The Minutes of the preceding Council were read & approv'd.

Two Members of Assembly having in the morning delivered to
the Secretary a written Message from the House, dated yesterday,
the same was read in the words following, vizf> :

i A Message from the Assembly.
" May it please the President & Council :

"The Duke of Newcastle in his Letter to Governor Shirley,
dated the 30th May last, to which you are pleased to refer us,
directs Governor Shirley & Commodore Knowles ' to procure an
Account of the whole Expence incurr'd on Account of the Ameri-
can Troops, from the time of their being Levied to the time of their
Discharge, and when the same should be fully adjusted and liqui-
dated to transmit it to him, with the proper Touchers from the
several Governors, that it might be laid before Parliament, to the
end that Provision might be made for the Payment. And after
signifying His Majesty's Intention that the Americans shou'd be
immediately discharged, except the few there mentioned/ directs
' that the manner of discharging them, and the satisfaction for their
time, should be left to Governor Shirley & Commodore Knowles/
who, in pursuance of these Instructions, in their Letters to You
have requested you would furnish them with the particular Accounts
& Proofs they judge necessary for that purpose ; and tho' they are
also directed c to recommend it to the Governors of the Provinces
where those Levies have been made to procure Credit from the re-
spective Assemblies, in order to prevent any Complaint amongst
the Men that have been inlisted for want of immediate Pay/ Yet
we apprehend till the Sums due to the several Companies are regu-
larly ascertain'd, it is not in our Power to judge what Credit or
Money may be expected to be borrowed from this Province for the
King's Use on Account of the Levies rais'd here. But consider-
ing the great Desertions in those Companies & the Payments made
them by Governor Clinton, who, we presume, had the Command
in Chief of these Troops, we hope there can be no extraordinary
occasion of Complaint amongst the Men for want of their remain-
ing Pay till Provision shall be made for them by Parliament, or at

160 MINUTES OF THE

least till their Accounts can be fully adjusted and Liquidated in
the manner directed by the Duke of New Castle's Letter.

" The Accounts necessary for settling the Expence of the Penn-
sylvania Companies to the time of their leaving this Province we
suppose are mostly in your Hands j but the several Sums of Money
granted upon this Occasion, & which by our Votes & Minutes ap-
pear to have been paid for the King's Use, with such other Mate-
rials as are in our Power, we have ordered to be laid before You.
" Sign'd by Order of the House.

"JOHN KINSEY, Speaker.
"Nov'- 27th, 1747."

An Account of Money given to the King's Use by the Assembly,
viz :

Mo.

"1746 — 4. Given by Act of Assembly for the

King's Use £5,000 0 0

Mo. th.

" Do. — 8. 17. Given to the King's Use by order

of Assembly- - - - 450 0 0
" 1747. Paid by the Treasurer to Governor Thomas

by Order of Assembly as ^ Account

settled with him, 1747 - - - 211 0 8^
" Do. Paid by Order of the House to several

Innholders for Dieting the Soldiers - 552 16 11

£6,213 17 7

" There are several other Demands of the Innholders on Accof-
of Dieting & Taking Care of the Sick Men nor yet allowed by the
House.

" Signed by Order of the House,

"B. FRANKLIN, Clerk of Assembly."
The Gentlemen of the Committee having prepar'd a Letter to
the Proprietaries, the same was read & approv'd, & sign'd by the
Presid'- & the Members present.

" Philada., 27th Novr- 1747.

" Gentlemen :

" In our Letter of the 29th July last we laid before You the
State of the Province at that time. We are now to acquaint You
with the present State of it, & are sorry to say that our Circum-
stances are not changed for the better, but that this City in particular
must be look'd upon to be in a much more dangerous Situation than
it has hitherto appear' d to be since the commencement of the French
War.

" The French, by the Prisoners they have taken and otherwise,

PROVINCIAL COUNCIL. 161

liaving fully inform'd themselves of the naked and defenceless Con-
dition we are in, have at length presum'd to take their Station in
our Bay, and either by Corruption or some other Methods have
found out the Art of procuring the Assistance of the Pilots, by
which Means our Inward and Outward Bound Vessels are wholly
at their Mercy, and we are given to understand that as they met
with such great Success last Summer, they intend to augment their
Force and make a push for Something more considerable in the
Spring, which we apprehend must be and can hardly be suppos'dto
be any other than an Attempt on the City. What the Consequences
of such an Invasion upon a Place without Force or any Means for
Defence will be You will easily imagine. It is past a Doubt that
the City must be given up to the Plunder of a cruel Enemy, & the
Inhabitants left to the Exercise of the brutal Passions of a sett of
Banditti usually employed in the Enemy's Privateers, and to com-
pleat our Misfortunes the burning of the City will probably be the
last Act of the Enemy.

" These Considerations afford but a melancholy prospect of the
approaching Year, & many have resolved to send away their Familys
& Effects at the opening of the Spring,

" Under these unhappy Circumstances the Inhabitants of the
City are greatly alarmed, and despairing that any Provision will be
made by the Assembly for their Protection they have generally
enter' d into an Association for that purpose, and many hundreds
have resolv'd to learn Military Discipline and form themselves into
Bodies, and such Arms as can be made serviceable will be collected.
They have likewise form'd a Scheme for erecting a Battery on the
River, which may be so plac'd as effectually to prevent any Attempt
on the City; and we understand Applications are intended to be
made to You for some Cannon for the Battery. As these Measures
seem so necessary for the Publick Safety we cannot but heartily
approve them, and doubt not but they will meet with Your. En-
couragement, being well assur'd of Your Concern for the welfare
of this Province & its Inhabitants; thus will this City owe its pre-
servation, under G-od, to the same Family from which it had its
Birth & Foundation.

"The Assembly is now sitting and have under their Considera-
tion a Petition for the Defence of the City & the Protection of its
Trade, Sign'd by great numbers of People of all Ranks and Condi-
tions (and amongst the rest no less than Sixty- two of those hitherto
deem'd to be against Defence). What Success it may have we can-
not at present say, but apprehend that it will meet with the same
Fate as all Applications of that sort have hitherto had,

" The Merchants of the City having set forth in a Petition to the
Lords of the Admiralty the ruinous State of our Trade, & that it is
likely to become worse, have pray'd their Lordships that a Man of

VOL. V. — 11.

162 MINUTES OF THE

War may be appointed on the New York Station, & be ordered to
come sometimes within the Bay of Delaware. This Petition is sent
to Mr. Simpson to be presented to their Lordships by him & the
other Gentlemen who have contracted to supply with Provisions His
Majestie's Navy in the West Indies; and we have reason to think
they will be attended by most of the Merchants concerned in the
American Trade.

u As We have sign'd the Petition, & are importun'd by the rest
to write in its favour to the Proprietors, we desire You will do all
in your Power to promote its Success, whereby You will confer the
greatest Obligations on all the Petitioners, & in particular on
" Gentlemen, Your most obedient Servants,-

"ANTHONY PALMER,
" THOMAS LAWRENCE,
"SAMUEL HASELL,
« "WILLIAM TILL,

" ABRAHAM TAYLOR,
"ROBERT STRETTELL,
"JOSEPH TURNER,
"THOMAS HOPKINSON,
"WILLIAM LOGAN."
The London Ship being expected to Sail in the morning, the
Secretary was directed to offer it to the absent Members in the
Afternoon, and if they approv'd, to desire them to sign it.

A Letter from Mr. Weiser to the Secretary, dated the 24th In-
stant, was read, purporting that Shikalamy being at his House on a
Visit he delivered to him the Present of the Council, for which he
returned the Council his hearty thanks; that the Ohio Indians re-
peated to Shikalamy what had pass'd at Philadelphia, with which
he was mightily pleas' d; they further assur'd him that the Janontady
Hayas, the Twigtwees, the Unich Cathallan, the Konatawadeany,
the Quisagochroanos had actually made Use of their Hatchet against
the French in favour of the English, & expected the English wou'd
assist them with Necessaries ; that the said Indians had seiz'd all
the French Goods they cou'd meet with, and knocked some of the
Traders in the Head, and some they permitted to go to Canada
naked & acquaint their father Onontio that his Children the Indians
were angry with him. And in a Postscrip Mr. Weiser adds this
Important piece of News, that the Gechdagechroanos & the Runateg-
wechsuchroanos, two Strong -Nations of Indians, had received the
French Hatchet, & sometime last Summer several hundreds of them
were coming this way to make an Invasion upon this or the Neigh-
bouring Provinces, but were persuaded to go back again by the
Twigtwees, who told them it wou'd be as much as declaring War
against the Six Nations & their Allies, who were become one body
with the English. These two Nations live to the West of the Lakes,
not far from the Mississippi.

PROVINCIAL COUNCIL. 163

"Tlie Secretary was order'd to lay the Letter before the Assembly,
which was accordingly done.

A Message from the Assembly by two of their Members, viz. :
that the House inclin'd to adjourn to the first Monday in January.

The Members were told that the propos'd adjournment was quite
unexpected, as there were sundry Matters of great Conseqence under
deliberation; but as they claim' d the Right of adjourning when &
fro what time they pleas'd, the Council was oblig'd to acquiesce.

At a Council held at Philadelphia the 3d Deer., 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel HaseK, "]

William Till, Abraham Taylor, I ™

Robert Strettell, Benjamin Shoemaker, ] "

Thomas Hopkinson, William Logan, j

The Minutes of the preceding Council were read & approved.

The Warrant for the Execution of Patrick Burne, Michael Burne5
& William Ward not being yet sign'd, the President & four of the
Eldest Members Sign'd it, After which it was agreed that William
Ward shou'd be Reprieved at the Gallows, and a Reprieve was
order' d to be got ready against Saturday morning, to which time
the Council adjourn' d.

At a Council held at Philadelphia, 5th December, 1747,

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President
Thomas Lawrence, Samuel Hasell, *)

William Till, Abraham Taylor, { -™

Robert Strettell, Benjamin Shoemaker, ] ^

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.
William Ward's Reprieve was Sign'd by the President & the
four Eldest Members, in these words :

u George the Second, by the Grace of God, of Great Britain^

France, & Ireland, King, Defender of the Faith, & so forth,
a To the Sheriff of the City & County of Philadelphia, Greeting :
u Whereas, By our Warrant under the Lesser Seal of our Prov-
ince of Pennsylvania, bearing date the 3d Day of this Instant, Decr,?
to You directed, We did Command & Require you, the said Sheriff,
that you should, on the fifth Day of this Instant, December, execute

1SZ MINUTES OF THE

a Judgment lately given against William "Ward by having the said
William Ward hung by the Neck until he should be Dead, We
do hereby Command You that from the Execution of the said Wil-
liam Ward by virtue of the said Warrant you totally abstain. In
Testimony whereof we have cans' d the Lesser Seal of our said
Province to be hereunto affixed. Witness Anthony Palmer, Esqr"
President, Thomas Lawrence, Samuel Hasell, William Till, &
Abraham Taylor, Esquires, in Council at Philadelphia the 5th Bay
of December, in the Year of our Lord, 1747, and in the Twenty-
first Year of our Reign.

"ANTHONY PALMER,
"THOMAS LAWRENCE,
" SAMUEL HASELL,
"WILLIAM TILL,
"ABRAHAM TAYLOR."

The Draughts of a Letter to Governor Clinton, k of another to
Governor Shirley, were read & approv'd, & order'd to be transcribe
fair & Sign'd by the President.

" Philada.-, 5th De@7> 1747.
"Sir:

"The Assembly meeting in pursuance of a Summons- on the 23<f
of November, the Council laid before them the several Letters &
Papers receiv'd from their Excellencies Governor Shirley a&d Ad-
miral Knowles, relating to the dismission & Pay of the American;
Levies,, and likewise Your Excellency's Letters on that Subject &
the- Estimate, and notwithstanding they were convened on this very
account, & pressed by the Council to give it all the Dispatch possible,,
yet aifter sitting four Days they return'd no other answer than tha-t
' they apprehend till the Sums due to the several Companies are
regularly ascertained it is not in their Powe? to judge what Credit
or Money may be expected to be borrowed from this Province for
the King's Use on account of the Levies rais'd here ; But consider-
ing the great DcsertioBS in those Companies, & the Payments made
them by Governor Clinton, who they presume had the Command
in Chief of those Troops, they hope there can be no extraordinary
occasion of Complaint amongst the Men for want of their remaining.
Pay till Provision shall be made for them by Parliament, or at least
till their accounts can be fully adjusted k liquidated in the manner
directed by the Duke of Newcastle's Letter.'

"While the Council was considering the extraordinary answer,
not having had it half an hour before them, they were surpriz'd
with a verbal Message by two Members, informing them that the
House had adjourn' d to the first Monday in January; and tho' the
two Members who brought this unexpected Message were told by
the Council that there were several Important Affairs under Con-
sideration, yet the House adher'd to their Adjournment & broke up
Instantly; and as they have this Privilege it was not in the Power

PROVINCIAL COUNCIL. 165

«o£ the Council to prevent it. One of the Members of the Assem-
bly said he believed the House adjourn'd to a short Day, supposing
the Council wou'd be furnished by that time with materials for
knowing the exact Sum demanded of the Province. It was thought
the Estimate you was so good as to send wou'd serve to show pretty
nearly the Money wanted, but as the Assembly took no notice of
this, and insist on knowing the exact Sum before they determine
what todo, lam obtig'd once more to desire you wou'd settle thatSuni
with the Officers & Men, & when done to transmit it in an authen-
ticated manner, so that there may be no further pretence of Delay.

"Do you propose to send your own account of the Sums advane'd
by you for the Provision & Pay of the four Pennsylvania Com-
panies while they were under your Command to me, to be trans-
mitted to Mr. Shirley and Mr. Knowles in the manner directed by
their joint Letter? Or as You have already sent over some Accounts
relating to these Companies when you paid them off in June, d<$>
You chuse to send them with their proper Certificates immediately
to the Duke of New Castle or to those Gentlemen? If you take
this last method, then I conceive, as Mr. Thomas' accounts of all
the Monies paid on account of those four Companies till they ar-
rived within your Province are already Liquidated & lodg'd in the
proper Office in England, there remains no more for the Council to
do than to transmit with authentick Certificates the Copies of the
several Minutes of Council & of Assembly that have pass'd or shall
pass touching or any wise concerning the American Levies. This
being the Light in wkich this Affair appears to me at present I
shall fee oblig'd to you to give me your Sentiments on it, that the
Council may do what is regular & what will be expected from them
in pursuance of the Orders transmitted to them by Governor Shirley
& Admiral Knowles' Letters.

"I ant, with sincere Regard,

" Your Excellency's most obedL humble Servant,
"ANTHONY PALMER.

"I nave enclosed Copies of the Messages between ye Council &
Assembly on this Subject.

"His Excellcy" George Clinton, Esqr."

"Phxlaba., BecT- 5th, 1747.

"The enclosed Copies of the Messages that have passed between
the Council & Assembly of this Province will Inform You what has
heen done in pmrswance of your Excellency's & Admiral Knowles'
Letters, and what likelyhood there is of a complyance with His
Majestie's Demand.

"The Assembly soon after presenting their answer sent a Message
hj two Members to inform the Board that the House had adjourn'd
$0 the 1st Monday in Jamuary, & tho' the Persons who brought the

166 MINUTES OF THE

Message were told that there were under Consideration several mas-
ters of great consequence,, yet they broke up, & thereby prevented
all further Applications from the Board.

"One of the Members who were sent to inform the Council of
this unexpected adjournment said it was made on a supposition that
the certain Sum wanted to Pay off the Soldiers wou'd be then known.
One wou'd think by this that at least he believed they wou'd ad-
vance the Money, but as they have not, that we hear of, declared
their willingness to do it, we cannot take- upon us to give any other
Expectations than what may be gathered from their answer.

"When Mr. Clinton shall have adjusted the Sum due to the
Officers & Men at the time of their dismission he will furnish Us
with the Account, and we shall not fail to repeat our Recommenda-
tions of this Service to the Assembly at their next Sitting.

"What they design to do with respect to the several matters
already concerted or to be concerted by the Commissioners for the
common Safety of all the Colonies, which depends so much on dis-
lodging the French from their Stronghold at Crown Point, & thereby
securing the Indians to the English Interest, cannot be known, for
they return'd no answer to the Message which accompanied your
Letter of the 9th Nov1** on that Subject.

" I am Your Excellency's most obedt Servant,.

"ANTHONY PALMER.

"His Excelloy- William Shirley, Esq7-"

A Letter from Mr. Weiser was read, & ordered to be enter'd, Sc
laid before the Assembly at their next Sitting.

"Faxton, Nov* 28th, 1747.
"Sir:

" Last night I arrived here with the Indians all in good Health
but Oanachquasy, the Speaker, who took sick by the way from
Philadelphia to my House-, and one of the Women, but I hope not
dangerously. This Bay I deliver' d the Goods to them7 and they
are well pleased for my adding two half Barrels of Powder to the
four which they were to have. George Croghan was present, and
lie undertook to find Men and Horses to carry the Powder and the
Lead, with tw9 Casks of Liquor for them, to Ohio. I was oblig'd
to allow them the Liquor because they all followed my Advice and
did not get drunk, neither in Town nor by the way. Seaiohady,.
after they had received the Goods, spoke to me in the following
manner : ' Brother, I am very glad that our Brethren in Philadel-
phia took into their serious Consideration what we have said to-
them. The French Party is very strong among us, and if we had
failed in our Journey to Philadelphia, or our Expectations wou'd-
sot have been granted by our Brethren in Philadelphia, the Indians
would have gone over to the French to a Man, and wou'd have re-
ceived Presents (or Supplies) from the French,, who have offcr'd It,

PROVINCIAL COUNCIL. 167

but now I hope We've got the better of them. Let me desire You
to set out early in the Spring with the Supplies our Brethren have
been pleased to promise Us, and send somebody before You to give
us timely Notice that we may meet, for we are scattered up & down
the Country, & we will send three or four Men to meet You by the
way and to convey You to the place appointed; pray don't miss,
and let us that are for our Brethren the English not be asham'd ;
the French Party who speak now under the Ground will speak
above the Ground if You shou'd miss, but if You arrive early in
the Spring all the Indians will unite heartily, & the French Party
will be brought over to us/ They spoke to me & George Croghan,
who must be my guide. I made answer that nothing should be
wanting that I could do, and if I was alive and well I hoped to see
them in their Country next Spring before the Grass comes out, or
at farthest when they begin to Plant their Corn.

u Scaiohady pressed upon me to put the Government in mind of
what he had said against the Traders in Bum, that it might be
suppressed, for the Indians (said he) will drink away all they have
and not be able to do any thing against the Enemy for want of
Ammunition ; and if rightly considered, Death, without Judge or
Jury, to any Man that carrys Bum to sell to any Indian Town, is
the only remedy to prevent that Trade & a just reward to the
Traders, for nothing else will do. It is an abomination before God
& Man, to say nothing of the particular Consequences it is alto-
gether hurtful to the Publick, for what little Supplies we can give
them to carry on the War is not half sufficient, they must buy the
greatest part with their hunting, and if they meet with Bum they
will buy that before anything, and not only drink away their Skins
but their Cloathing and every thing they may get of us ; in short,
the Inconveniences occasion' d by that Trade are numerous at this
very time, the English & French Party will fall out in their Drunk-
enness and murder one another, & the English will be charged
with the mischief thereof. I must leave off before I wear out your
Patience, & remain,

u Sir, Your very Dutiful,

" CONRAD WTEISEB.

"P. S. — Scaiohady told Shikalamy at my House very privately
that Peter Chartier & his Company had accepted of the French
Hatchet, but kept in their bosom till they wou'd see what Interest
they cou'd make in favour of the French.

" To Richard Peters, Esqr."

The Board appointed Mr. Lawrence & Mr. Logan a Committee
to consider what methods can be apply'd to prevent the abuses com-
plained of by the Indians, & to make their Reports so as to form a
proper Message to the Assembly on this Subject at their next
Sitting.

168 MINUTES OF THE

Mr. Lawrence is requested to issue a "Writ to apprehend a French-
man, one Captain De Cheverie, who was order'd to go on board
Captain Casnay along with the Spanish Prisoners, yet notwith-
standing this Order continues in Town, & walks publickly about
the Streets.

At a Council held at Philadelphia, at the Court House, the 7th
Decr- 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ~)

William Till, Abraham Taylor, V Esqrs.

Joseph Turner, Thomas Hopkinson, j

The Associators to the number of near Six Hundred being drawn
up under Arms before the Court House, the Secretary was order'd
to make the following Declaration :

" Gentlemen —

"I am commanded by their Honours the President & Councils
to acquaint You that Your Proceedings are not disapprov'd by the
Government, & that if You go on & chuse your Officers according
to your Articles, Commissions will be readily granted them."

In the Council Chamber at Philadelphia, 8th December, 1747.
present :
Thomas Lawrence, Samuel Hasell,

Esqrs.

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson,

The Minutes of the preceding Council were read and approved.

The Members taking into Consideration the State of the War in
general, the Sickness that lately rag'd over this City & the Province,
the probability of our Enemies making a Descent on the City, &
the calamitous Situation of our Frontiers on the Dismission of the
Forces rais'd for the intended Expedition against Canada, thought
it highly necessary to awaken in the minds of the Inhabitants of
this Province a just Sense of their Condition, & to call upon them
by a Proclamation to implore with fervency & Solemnity the mer-
ciful Protection of Almighty God, & appointed Mr. Taylor & Mr.
Hopkinson a Committee to prepare a suitable Proclamation for a
General Fast against to-morrow in the Afternoon.

1

PROVINCIAL COUNCIL. 169

At a Council held at Philadelphia, 9th Deer-' 1747.
present :

The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, William Till, ~\

Abraham Taylor, Robert Strettell, I Esqrs. ■

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read and approv'd.

Mr. Taylor & Mr. Hopkinson having prepar'd the Draught of a
Proclamation for the appointment of a General Fast on Thursday,
the 7th Day of January next, the same was read & approv'd, &
order' d to be engross'd & publish'd to-morrow forenoon at the Court
House with the usual Solemnity.

" By the Honourable the President & Council of the Province of
Pennsylvania.
"A PROCLAMATION
"for a general fast.
" Forasmuch as it is the Duty of mankind, on all suitable oc-
casions to adknowledge their dependence on the Divine Being, to
give Thanks for the Mercies received, and no less to deprecate his
Judgments and humbly pray for his Protection; And as the ca-
lamities of a bloody War, in which our Nation is now engaged, seem
every Year more nearly to approach us, and the Expedition form'd
for the security of these Plantation hath been laid aside, As the
Inhabitants of this Province & City have been sorely visited with
mortal sickness in the Summer past, & there is just reason to fear
that unless we humble ourselves before the Lord & amend our
Ways, we may be chastized with yet heavier Judgments, We have,
therefore, thought fit, on due consideration thereof, to appoint
Thursday, the seventh Day of January next, to be observed
throughout this Province as a Day of Fasting & Prayer, exhorting
all, both Ministers & People, to observe the same with becoming
seriousness & attention, & to join with one accord in the most hum-
ble & fervent Supplications That Almighty God would mercifully
interpose and still the Rage of War among the Nations & put a
stop to the effusion of Christian Blood j That he would preserve
and bless our Gracious King, guide his Councils, & give him victory
over his Enemies to the establishing a speedy & lasting Peace ;
That he would bless, prosper, & preserve all the British Colonies,
and particularly that he would take this Province under his Protec-
tion, Confound the designs and defeat the Attempts of its Enemies,
& unite our Hearts and strengthen our Hands in every Undertaking
that may be for the Publick Good, and for our defence & Security
in this time of Danger; That he would graciously please to bless
the succeeding Year with Health, Peace, & Plenty, & enable us to

170 MINUTES OF THE

make a right use of his late afflicting Hand in a sincere and tho-
rough Reformation of our Lives & Manners, to which the Minis-
ters of all Religious Societies are desir'd earnestly to exhort their
People. And it is recommended to all Persons to abstain from
servile Labour on the said Day.

" Given at Philadelphia, under the Great Seal of the said Province,
the ninth Day of December in the Twenty-first Year of the Reign
our Sovereign Lord, George the Second, by the Grace of God of
Great Britain, France, and Ireland, King, Defender of the Faith, &ca-
Annoqz Domini, 1747.

"ANTHONY PALMER, President.
" By Order of the President & Council.
"Richard Peters, Secry.

"GOD SAVE THE KING."

At a Council held at Philadelphia, 29th Deer., 1747.
present :

The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, ~\

Abraham Taylor, Robert Strettell, > Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read and approved.

A Letter from Governor Shirley, Dated at Boston the 5th Instant,
was read & order'd to be enter'd.

" Boston, DecT- 5th, 1747.
"Sir:

" I am favour'd with Your Letter of the 10th of November,
which I communicated to Mr. Knowles, who is now sail'd for his
Command in the West Indies. And I am to inform You that since
mine of the 29th Octr- to You, Mr. Knowles & I have received a
Letter from Governor Clinton, wherein he acquaints us that he had
paid the Levies of his own Government, Pennsylvania, Maryland,
& Virginia, to the 24th June last, after the rate of Six pence Sterling
^ Day over & above the Provisions which have been allowed 'em,
& that he shou'd pay them off, at least the Levies of his own Gov-
ernment, the remainder still due to them at the same rate, which
intirely fixes the Article of Pay with Regard to the Levies of those
four Governments, and will make any Abatement or Stopage in the
Pay of the Levies of the other Governments for Provisions or bil-
letting Money allow'd them by the Colonies seem unequal &
grevious, & raise the utmost Discontents among them, to the preju-
dice of His Majestie's Service in general upon any future Emer-

PROVINCIAL COUNCIL. 1T1

gencies of the like Nature ; all which Mr. Knowles & I think it
most adviseable to prevent, and therefore look upon ourselves in a
great measure oblig'd to conform to Mr. Clinton's Rate of Payment
with Respect to the New England Forces & those of New Jersey ;
which we have accordingly determin'd shall be paid 6d a-Day, with-
out any Deduction for the Provisions or billetting Money allow'd
them by the respective Governments where they were rais'd, which
determination we the more readily come into, as We find it is
agreeable not only to the expectation of the Soldiers but to the
opinion likewise of all the Governments concerned in the Expedi-
tion from whom we have yet heard ; and this we thought it wou'd
be proper, Sir, to communicate to You, that in case You are to pay
the Pennsylvania Levies what remains due to them, You may know
Mr. Knowles' & my opinion therein, viz., that they shou'd be paid
Sixpence Sterling ^p Day clear of any Stoppage for Provisions or
billetting which they have actually received.

" You have not mention'd any thing to Mr. Knowles & me con-
cerning the Arms & Cloathing of the Pennsylvania Levies, so that
I conclude Your Government has no demand upon the Crown for
the Expence of them, and if it had I presume You wou'd have
Transmitted us the Accounts & Vouchers, that we might have
transmitted them to His Grace, with the other Accounts of the Ex-
pedition, pursuant to his Grace's Directions to us.
" I am, with great Regard & Esteem, Sir,

" Your most obedf- humble Servant,

"W. SHIRLEY.
" Honoble. Anthony Palmer, Esqr-"

A Letter in Answer having been prepared, the same was read &
approv'd.

" Philada., 29th Dec1 > 1747.
"Sir:

" Your Excellency's letter of the 5th Instant came to hand yester-
day, and as the Assembly sits on Munday next, there will be an op-
portunity of laying it before them. It is suppos'd they will then
come to their final Resolutions with respect to His Majestie's
Demand, which will be transmitted to you when received without
Delay.

" Your Excellency will be pleas' d to be referr'd to Mr. Lawrence's
Letter of the 20th October last, in answer to Admiral Knowles &
Your joint Letter, wrote in my absence, wherein he informs You
that Governor Thomas advanced the sums that were laid out in the
Purchase of Arms, Clothes, &ca-> for the four Pennsylvania Com-
panies, and sent authenticated accots- thereof with proper Vouchers
to his Grace the Duke of New Castle, and as the Bills drawn for those
Sums were paid, & none of the Accounts or the Vouchers are in

172 MINUTES OF THE

the Power of the Council, they judg'd You wou'd agree with them
that these Accounts wou'd not now be now meddled with, & that
no more cou'd be expected than to give Your Excellency Informa-
tion of what Governor Thomas had done.

u The Forces rais'd here being under Governor Clinton's Com-
mand, he was requested to observe the same Method, & to make
the same Demands with respect to them as he did with respect to
the other Companies, & tho' I have not yet receiv'd his answer, I
make no doubt but the Pennsylvania Forces met with the same
Treatment as the others, and if it shou'd happen that Your Direc-
tions have not been punctually complied with, is undoubtedly owing
to the particular Circumstances the Forces were in at the time of
their Discharge.

u I am, Sir, Your most obedient, humble Servant,

"ANTHONY PALMER.

" His Excels William Shirley, Esq."

11 Much time was taken up in the serious Consideration of the
State of the Province, and least the Cannon wrote for to England
for the Supply of the Batteries, the principal thing relied on for
the Defence of the City, shou'd not arrive in time, it was unani-
mously agreed to take the opportunity of the Post to apply to Gov-
ernor Clinton & Governor Shirley for a Loan of Cannon till ours
shou'd come, and the Letters being immediately prepared, were
read & signed by the Members. That to the Governor of New
York in these words :

"Philada., 29th Deer.. 1749.
"Sir:

" By the frequent Informations we have had & are daily receiving
of the Designs of our Enemies from English Prisoners who have
been among them, there is great Reason to fear this City will be
attempted in the Spring; and as our Assembly consist for the most
part of Quakers principled against Defence, the Inhabitants despair
of their doing any thing for their Protection, they having been
very frequently applied to for that End without Success. These
Considerations have induced great numbers, as well in the Country
as in Town, to enter into an Association for the Defence of this
City & Province, and several Companies are already form'd. As a
further Security, the Associators have contriv'd to raise a Sum of
Money to be laid out in Building a battery or two on the River,
and have wrote to England to purchase Cannon fit for the purpose ;
but as the Designs of our Enemies will probably be put in Execu-
tion in the Spring, the Cannon they have wrote for may possibly
arrive too late ; we therefore, at the Request of great numbers of
the Associators, and from our own Sense of the great Danger to
which this Colony lies exposed, earnestly entreat Your ExcellC)- that
You wou'd furnish this Government with as many battering Can-

PROVINCIAL COUNCIL, 3735

mm asean conveniently be spared, which we assure Your Excellency
shall be returned on Demand, Your Compliance with our Request
will contribute much to His Ma^estie's Service, as it may be the
means of preserving this valuable part of His Dominions, or at
least prevent the plundering of the City, and will conferr the highest
obligations on Us & the rest of the Inhabitants of this Province.
" We are, with perfect Esteem & Regard,

" YciM" Excellency's most obedient Servants',

"ANTHONY PALMER,
"THOMAS LAWRENCE,
" SAMUEL HASELL,
"WILLIAM TILL,
"ABRAHAM TAYLOR,
"ROBERT STRETTELL,
" BEN Ju° SHOEMAKER,
"THOMAS BOPKINSON^
"JOSEPH TURNER.

(i His Excels George Clinton, Esq?/'

The same Members sign'd the Letter to Mr. Shirley which fol-
lows :

"Pbilada,7 29th Deer., 1147,
"Sir:

" By the frequent informations we bsve bad & are daily receiving
of the Designs of our Enemies frosa English Prisoners who have
been among them, there is great Reason to fear this City will be
attempted in the Spring; and as our Assembly consist for the most
part of Quakers principled against Defence, the Inhabitants despair
of their doing anything for their Protection, tbey having been very
'frequently applied to for that End without Success. These Con-
isiderations have induced great numbers, as well in the Country as
jin Town, to enter into an Association for the Defence of this City
\k Province, and several Companies are already formrd, As a fur-
ther Security, the Associators have contrived to raise a Sum of
Money to be laid out in building a Battery or two or the River, an J
pave wrote to England to purchase Cannon fit for the purpose ; but
p the Designs of our Enemies will probably be put in Execution in*
he Spring, the Cannon they have wrote for may possibly a?rive too*
ate; We therefore,, at the Request of great numbers of the Associa-
tes, and from our own Sense of the great Danger to which this
polony lies expos'd, earnestly entreat Your Excellency that You
would furnish this Government with as many battering Cannon as
pan conveniently be spared, which we assure Your Excellency shall
be return'd on Demand, Your Complyance with our Request will
contribute much to His Majestie's Service, as it may be the means
>f preserving this valuable Part of his Dominions, or at least prevent
she plundering of the City, and will conferr the highest Obligation®
bo Us & the rest of the Inhabitants of this Province,

174 MINUTES OF THE

" We further beg your Excellency wou'd use your Interest with
the Commanders of such of His Majestie's Ships as may be station'd
within Your Government or at Cape breton, that they may extend
their Cruises to our Capes, without which our Trade, we imagine,
will be quite block'd up & destroyed next Summer.

u We hope the Liberty we have taken will meet with a favourable
Interpretation, & that the same Zeal which Your Excellency has
shewn upon a former occasion to augment his Majestie's Dominions
may, without prejudice to your own Government, be exerted to the
preservation of this Province.

"We are, with perfect Esteem & Kegard, &01
" His Excellent Willm- Shirley, Esqr."

The Secretary laid before the Board a number of Blank Military
Commissions, which were Signed by the President & the four Eldest
Members of Council present, in order to be ready against New Year's
Day, the Day appointed by the Associators to Elect & present their
Officers.

At a Council held at Philadelphia the 1st January, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, *)

William Till, Abraham Taylor, I ™

Robert Strettell, Benjamin Shoemaker, j ^

Thomas Hopkinson, J

The Minutes of the preceding Council were read and approv'd.
The Associators having form'd themselves into several Companies,
appear' d this Day under Arms & proceeded to chuse their Officers,
& the following Gentlemen being Elected & return'd for the Appro-
bation of the Council, the Secretary was order'd to fill up the Blanks
in the Commissions Sign'd last Council Day, with their names, &
to Countersign the Commissions.

John Inglis, Esqr., Captain.

Lynford Lardner, Gent., Lieutenant.

Thomas Lawrence, Jun, Gent., Ensign.

John Boss, Esqr., Captn.

Richard Swan, Gent., Lieut.

Philip Benezet, Gent., Ensign.

James Polegreen, Esqr., Capt".

William Bradford, Gent., Lieut.

William Bingham, Gent., Ensign.

Charles Willing, Esq., Captain.

Atwood Shute, Gent., Lieut.

James Claypoole, Gent.; Ensign.

PROVINCIAL COUNCIL. 175

William Cuzzins, Esqr., Captain.

George Spafford, Gent., Lieut.

Abraham Mason, Gent., Ensign.

Thomas Bourne, Esqr., Captain.

Robert Owen, Gent., Lieut.

Peter Etter, G-ent., Ensign.

Peacock Bigger, Esqr., Captain.

Joseph Redmond, Gent., Lieut.

Joseph Wood, Gent., Ensign.

Thomas Bond, Esqr., Captain.

Richard Farmer, Gent., Lieut.

Plunkett Gleeson, Gent., Ensign.

Septimus Robinson, Esqr., Captain.

William Klemm, Gent., Lieut.

William Rush, G-ent., Ensign.

Richard Nixon, Esqr., Captain.

Richard Renshaw, Gent., Lieut.

Francis Garrigues, G-ent., Ensign.

James Coultas, Esq., Captain.

George Gray, Jun., Gent.. Lieut.

Abraham Jones, Gent., Ensign.

The above Gentlemen after receiving their Commissions withdrew
into another Room, & in a little time waited on the Council to in-
form their Honours that they had proceeded to elect their Superior
Officers, and that the Choice falling on Abraham Taylor, Esqr., for
Colonel, Thomas Lawrence, Esqr., for Lieutenant Colonel, & Samuel
McCall for Major, they pray'd Commissions might be granted, & the
Secretary was order' d to prepare them accordingly, to be sign'd next
Council.

At a Council held at Philadelphia 4th Janry-> 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr. President.

Thomas Lawrence, Samuel Hasell, )

Abraham Taylor, Robert Strettell, ( -^

Benjamin Shoemaker, Joseph Turner, | S(^rS*

Thomas Hopkinson, J

The Minutes of the preceding Council were read and approved.

A Letter from Governor Clinton by Express was read, together
with the Estimates therein inclos'd, & order'd to be enter'd:

"New York, 30th Decr-> 1747.
"Sir:

" I am favour' d with your Packet of the 3d Instant, with a Copy
of your Message to the Assembly and their answer thereto, touching

176

MINUTES OF THE

the Payment of the Troops rais'd in the Province of Pennsylvania,
and as You seem desireous to have accounts certified of what I have
paid & victualled, and what is still due to them from the Crown upon
account of their pay, I have enelos'd you the. whole Demand cer-
tified by the Officers & Commissary for issuing Provisions to them
at Albany.

" You'll observe the Pay is only computed to 31st October last,
the time that Mr. Shirley and Mr. Knowles discharg'd the Troops;
but as that discharge cou'd not be made Publick 'till the 19th Novr*
at Albany, the Officers expect some time allow'd in Pay for them-
selves & Men on that Account.

" I shall be glad to know the Besolutions of Your Assembly with
respect to these Demands as soon as may be, & then I shall be able
to write to You more fully on the Subject Matter of Your Letter.

" I received no Packet inclos'd for Governor Shirley, which You
mentioned to be from Sn William Gooch.
" I am, with regard, Sir,

" Your most obedient humble Servant,

«G. CLINTON.
" P. S.— -By the Acco1, 1 transmitted to You before, YTou'll see
what I have paid to these Levys, for which I have Beceipts.
" The Honoble. Anthony Palmer, Esqr."

An Account of the Pay due to the four Companies raised in the
Province of Pennsylvania for the late Intended Expedition against
Canada, from the time His Excellency the Honoble. George Clin-
ton paid them to the time of the Discharge.

Due to Captain Samuel Perry's v
Company, viz. : To two Months'
Muster, from the 25th June,
1747, to the 24th of AugBt- fol-
lowing, both days included, is
61 Days for 4 Sergeants, 4 Cor-
porals, 2 Drummers, & 72 Pri-
vate Men,

To Two Months' Muster, from
the 25th August, 1747, to the
24 th October following, both
Days included, is 61 Days for 4
Sergeants, 4 Corporals, 2 Drum-
mers, & 72 Private Men,

Carried over,

Sterl*

s. d.

Currency.
£ s. d.

201 6 0

201 6 0

£402 12 0

PROVINCIAL COUNCIL.

177

Account — Continued.

Brought over,

To 7 days' Pay, from 25th Octr-<
1747, to the 31st Ins*- the
time the Men were Discharged,
for 4 Sergeants, 4 Corporals,
2 Drummers, & 72 Private
Men,

To the Captain's Pay, from the 4th \
June, 1746, to the 31st October, I
1747, is 515 Days, at 10s. Ster5- j
f Day, J

To the Lieutenant's Pay, from the"^
4th June, 1746, to the 31st Octr* •
1747, both Days included, is 515 r
Days, at 4s. 8 SterK,

To the Ensign's Pay, from the 4th^
June, 1746, to the 31st Octo- !
ber, 1747, is 515 Days, at 3s. f
8 SterK, J

The above is the Pay due to the
Officers & Men late under my
Command.

SAML- PERRY.

Due to CaptD- William Trent's Com-
pany, viz. : To two Months' Mus-
ter, from the 25th June, 1747, to
the 24th August following, both J>
Days included, is 61 Days for 4
Sergeants, 4 Corporals, 2 Drum-
mers, & 53 Men,

To two Months' Muster, from the"
25th August, 1747, to the 24th
of October following, both Days
included, is 61 Days tor 4 Ser- f
geants, 4 Corporals, 2 Drum- j
mers, & 55 Men, J

Sterls-

Carried over.
Vol. v.—12.

£ s. d.

257 10 0

120 3 4

94 8 4

Currency.

£ s. d.
402 12 0

23 2 0

157 16 9

162 8 3

£472 1 8

£745 19 0

178

MINUTES OF THE

Account — Continued.

Brought over,

To 7 Days' Pay, from the 25th")
Oct" 1747, to the 31st Inst., |
the time the Men were Dis- 1
charged, for 4 Serjeants, 4 Cor- j
porals, 2 Drummers, & 55 Pri- {
vate Men, J

To the Captain's Pay, from the 4th"|
of June, 1746, to the 31st Oc- I
tober, 1747, is 515 Days, @ |
10s. SterK, J

To the Lieutenant's Pay, from the"")
4th June, 1746, to the 31st Octf- I
1747, is 515 Days, @ 4s. 8 \
SterK, J

To the Ensign's Pay, from the 4tlT)
June, 1746, to the 81st Octr- I
1747, is 515 Days, @ 3s. 8 i
SterK, J

The above is the Pay due to the
Officers & Men late under my Com-
mand.

WILLIAM TRENT.

Due to Captain John Diemer's"
Company, viz. : To two Months'
Muster, from the 25th June,
1747, to the 24th August fol-
lowing, both Days included, is
61 Days for 4 Sergeants, 4 Cor-
porals, 2 Drummers, & 38 Men,_,

To two Months' Muster, from the
25th August, 1747, to the 24th
of October following, both Days

included, is 61 Days for 4 Ser- {

geants, 4 Corporals, 2 Drum- j

mers, & 47 Men, J

I

Carried over.

SterK

£ s. d.
472 1 8

257 10 0

120 3 4

94 8 4

Currency.

£ s. d.
745 19 0

18 12 9

123 10 6

144 2 3

£944 3 4 £1,032 4 6

PROVINCIAL COUNCIL.

179

Account — Continued.

Brought over,

To 7 Days' Pay, from the 25tlT|
Octr- 1747, to the 31st Instant, |
the time the Men were Dis- !
charg'd, for 4 Serjeants, 4 •
Corporals, 2 Drummers, & 47
Men,

To the Captain's Pay, from the 4th ^
June, 1746, to the 31st Octo- !
ber, 1747, is 515 Days, @ 10s. f
SterK, J

To the Lieutenant's Pay, from the""}
4th June, 1746, to the 31st Oc- »
tober, 1747, is 515 Days, @ [
4s. 8 SterK, J

To the Ensign's Pay, from the 4tlTj
June, 1746, to the 31st Octo- «
tober, 1747, is 515 Days, @ f
3s. 8 SterK, J

The above is the Pay due to
the Officers & Men late under my
Command.

JOHN DIEMEfv.

Due to Captain John Shannon's"
Company, viz. : To two Months'
Muster, from the 25th June,
1747, to the 24th August fol-
lowing, both Days included, is
61 Days for 4 Serjeants, 4
Corporals, 2 Drummers, & 41
Men,

To two Months' Muster, from the:
25th Mf- 1747, to the 24th
October following, both Days ,
included, is 61 Days for 4 Ser- {
geants, 4 Corporals, 2 Drum- |
mers, & 41 Men, J

Carried over,

SterK

£ s. d.
994 3 4

257 10 0

120 3 4

94 8 4

£1,466 5 0

Currency.

1,032 4 6

15 18 9

130 7 9

130 7

£1,308 18 9

180

MINUTES OF THE

Account — Continued.

Brought over,

To 7 Days' Pay, from the 25tlT|
October to the 31st Inst'., the j
time the Men were discharged, J>
for 4 Serjeants, 4 Corporals, 2 |
Drummers, & 41 Men, J

To the Captain's Pay, from the 4th^
June, 1746, to the 31st Octo- I
her, 1747, is 515 Days, @ 10s, j
SterK, J

To the Lieutenant's Pay, from ihe~]
4th June, 1746, to the 31st Oc- I
tober, 1747, is 515 Days, @ 4s. f
8 SterK, J

To the Ensign's Pay, from the 4tnl
June, 1746, to the 31st Octo- {
ber, 1747, is 515 Days, @ 3s. f
8 SterK, J

The above is the Pay due to
the Officers & Men late under my
Command.

JN°. SHANNON.

By two Months' Subsistance paid'
to the Lieutenants & Ensigns by
His Excellency the Honoble.
George Clinton, except Captain
Diemer's Ensign, who has not
received any pay yet,

SterK

£ s. d.
1,466 5 0

257 10 0

120 3 4

94 8 4

65 11 0

Currency.

£ s. d.
1,308 18 9

14 19 3

£1,822 15 8 £1,323 18 0

Pennsylvania Levys.

To an Account of Provisions supply'd the Pennsyl- }
vania Levys, from 6th January to 23d April, 1747 $

To Ditto, from 24th April, 1747, to the 1st Sep1
following,

To Ditto, from 2d Sepf., 1747 to 19th Novr. fol- )
lowing, j

■}

SterK
£ s.

d.

1,253 5

6i

1,028 14

9

472 6

n

£2,754 7 0|

PROVINCIAL COUNCIL. 181

"New York, 30th Decr- 1747.
" We do hereby Certify that the above Charge for Provisions sup-
ply'd the Troops rais'd in the Province of Pennsylvania for the late
Intended Expedition against Canada is just & true, for which we
have given Certificates to His Excellency the Honoble. George
Clinton, Governor of New York, who order' d the said Troops to be
furnish'd therewith.

« SAMUEL PERRY.
"WILLIAM TRENT.
"JOHNDIEMER.
"JNO. SHANNON.
" I do Certify that I issued the above Provisions for the use of
the Pennsylvania Levies by order of His Excellency the Honoble.
George Clinton.

"HENRY HOLLAND, Commissary."

Mr. Taylor & Mr. Hopkinson were appointed a Committee to
draw a Message to the Assembly from these Papers & Governor
Shirley's last Letter.

The Commissions prepar'd according to the Directions of the
Board were Sign'd constituting

Abraham Taylor, Esqr., Colonel, ") Of the Associated Re-

Thomas Lawrence, Esqr., Lieut. Colonel, v giment of Eoot of
Samuel M'Call, Esqr., Major, J Philadelphia.

The Officers having returned their Commissions in order to have
the Names of the Superior Officers inserted in them, the Secretary
was order' d to get them ready against Friday afternoon, & to give
them notice to attend then & take the Oaths to the Government in
Council.

At a Council held at Philadelphia the 5th Janry., 1747.
present :

The- Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell "|

William Till, Abraham Taylor, I -p

Robert Strettell, Benjamin Shoemaker, [ ™"

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

The President inform' d the Board that two Members of Assem-
bly waited on him last Night to inform him the House was met
according to their adjournment.

The Committee having prepar'd the following Message to the
Assembly- the same was approv'd, & being transcribed fair, the
Presid'- Sign'd it.

182 MINUTES OF THE

A Message from the President & Council to the Assembly.
u Gentlemen :

" Since our Message to You of the 24th November last, & Your
answer thereto dated the 27th of the same Month, We have receiv'd
from Governor Shirley a Letter informing us that the Pay of the
Companies of New York, Pennsylvania, Maryland, & Virginia, had
been fixed at the rate of Sixpence Sterling ^ Day over and above
the Provisions which had been allowed them, and that any abate-
ment or stoppage wou'd now seem unequal and grievous, & raise the
utmost Discontents amongst the Disbanded Troops, which, as he
very justly observes, may be a prejudice to His Majestie's Service
in general upon any future Emergency of the like nature.

" We have, likewise, received a Letter from Governor Clinton, in-
closing an Account of Pay due to Pennsylvania Company's from the
25th June last to the 31st of October, wherein it appears that there
remains due to the Officers £1,822 15 8 Sterls" and to the Sergeants,
Corporals, Drummers, & Private Men of the said Companies
£1,323 18 0 Currency, besides an allowance which Governor Clin-
ton observes the Officers expect, as they have computed their Ac-
counts only to the 31st of October, but were not actually discharg'd
till the 19th November; which Papers together with an Account
of Provisions Supplied the said Company's by Governor Clinton,
amounting to £2,754 7 Of, we have order'd to be laid before You,
and earnestly request you will now proceed with all possible Dis-
patch to Comply with His Majestie's Demands.

"ANTHONY PALMER.
"January 5th, 1747."

At a Council held at Philada. the 6th January, 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., Presid'-
Abraham Taylor, Robert Strettell, \ ™

Joseph Turner, Thomas Hopkinson, j sc^rs'

The Minutes of the preceding Council were read & approv'd.

It was expected that the Assembly wou'd send a Message, but
none coming, & to-morrow being appointed for a general Fast, they
adjourn' d to Friday morning, after having Sign'd some Blank Mili-
tary Commissions, to be fill'd up with such Persons names as shou'd
regularly chosen & return'd.

PROVINCIAL COUNCIL. 183

At a Council held at Philada. the 8th Jan^ 1747.

present :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

Esqrs.

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker,

Thomas Hopkinson, Joseph Turner,

A Message from the Assembly, delivered to the Secretary on the
6th Instant in the Evening, was read.

A Message from the Assembly to the Presid^ & Council.

" May it please the President & Council :

"We shou'd have chearfully embraced the opportunity now
offer' d Us, of shewing our Loyalty & ye Regard We have to the
King's Request, by lending him the Money mention' d in Your last
Message, until Provision cou'd be made by the Parliament for the
repayment of it, were We in circumstances which enabled Us so
to do.

" But the Demands upon our Treasury have of late been so many
& considerable, that the Money at our disposal hath been scarcely
sufficient to pay the necessary Charges of Government; And had
We a Stock sufficient in the Treasury or Loan Office, yet as there
is an Act of Assembly of the Province, now in force, which in the
absence of a Governor prohibits the passing of any Act, however
great the Necessity may be, We think You must be of our Opinion,
that it would be inconvenient to apply any part of the Publick
Money to the purposes now required of Us.
" Signed by Order of the House.

"JOHN KINSEY, Speaker.

" January 6th, 1747."

The Members thinking several parts of this Message liable to
objections, proceeded to consider it, but in regard they had not
receiv'd an answer to their' s relating to Indian Affairs, they came to
no conclusion, but postponed the matter, and adjourn'd to four
a' Clock in the afternoon.

P. M.

Present as before.

The Oaths to the Government were taken & Subscrib'd, first by

Colonel Taylor, Lieutenant Colonel Lawrence, & Major McCall, &

then by the Captains, Lieutenants, & Ensigns of the several Com-

184 MINUTES OF THE

panies of the Associated Regiments of Foot of Philada- County ,
except Lieutenant Richard Renshaw, who being a Quaker took &
Subscrib'd the Affirmations.

Esqrs.

At a Council held at Philada. the 9th January, 1747.

PRESENT :

Thomas Lawrence, Samuel Hasell,

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker,

Joseph Turner, Thomas Hopkinson, j

The Minutes of the preceding Council were read & approv'd.

The President sent to inform the Council that he was so indis-
pos'd that he cou'd not come.

The Council resum'd the Consideration of the Assembly's Mess-
age of the 6th Instant, & being unanimously of opinion that the
Reasons offer' d by the Assembly why they cou'd not comply with
His Majesty's Demand were not satisfactory, and that they shou'd
be reminded that if the large Sums due to the Province on Mort-
gages were collected, as by Law they ought, there would be sufficient
to answer His Majesty's Demands & the Exigencys of Government;
they appointed Mr. Taylor & Mr. Hopkinson to draw a Reply to
the said Message against the Afternoon.

A Message from the Assembly was delivered at the Board
by two of their Members, who inform'd the Council at the same
time that the House was inclinable to adjourn to the 16th May
next; being desir'd to withdraw, the Message was read in these
words :

A Message from the Assembly to the President & Council.

u May it please the President & Council :

" We have taken into our Consideration Your Message of the
25th of November last, concerning the Treaty held with the Indians
from Ohio. The Importance of these Indians towards the con-
tinuing & cultivating the good Understanding which hath so long-
subsisted between this Government & the Six Nations we observe
from this Treaty depends pretty much on the Account they give of
themselves. However, as they are a part of the Six Nations, who
very probably in this calamitous time are often in want of Necessa-
ries to acquire their Livelihood, we approve of the Present You
have thought fit to make them, and also of the Account You have
sent the Six Nations of a larger Present intended for them in the
Spring; And we shall take the Care which is necessary to enable
You to fulfil that Engagement.

PROVINCIAL COUNCIL. 185

" Permit us, however, to add, that we think it will be necessary
to press their Union amongst themselves, and that they will do well
to have due regard to the Opinion of their old & experienc'd Men,
whose Advice from the Account they give seems to have been laid
aside ; most of Us you are sensible are Men of Peaceable Principles,
& the Presents we gave (and those formerly given on behalf of this
Government so far as we have understood) were to supply them
with Necessaries towards acquiring a Livelihood and to cultivate the
Friendship between Us, and not to encourage their entring into
War. This we think most for the King's Interest and the Peace &
Safety of his Colonies in America, it being well known that Wars
once begun amongst them are not to be ended without great diffi-
culty, & are attended with so much Bloodshed & Cruelty as usually
excite Revenge & like Inhumanity from the Indians in the French
Interest against those in Amity with us, and against others the
King's Subjects.

"We observe from Conrad Weiser's Letter, which You were
pleased to order to be laid before us, the Indians continue their
Complaints of the Injuries they have received by the carrying of
Rum amongst them, and we therefore hope You will endeavour to
prevent this for the future by directing the Laws provided against
this abuse to be duly put in Execution.

" As to that part of the Message we have mentioned which re-
lates to Governor Shirley's Letters & Proposals, we are not inform'd
of any further Accounts receiv'd from him since our last Meeting,
and therefore our Sentiments on that Occasion at this time will, we
presume, be of little Use.

" Sign'd by Order of the House.

"JOHN KINSEY, Speaker."
" 11th Mon.; 9th, 1747."

And then they were call'd in & told that tho' the Council was
preparing some Matters of Moment to lay before the House, yet
since they were inclined to adjourn the Board were willing to ac-
quiesce.

The Secretary was order'd to desire the President to send a copy
of the Assembly's Message of the 6th Instant to Governor Clinton,
with a proper Letter on the Subject.

Mr. William Moore & Mr. Samuel Flower presented to the Board
the Returns of the Subaltern Officers of Eleven Companies chosen
by the Associators of Chester County, whereby it appear'd that
Mr. Moore was Elected Colonel, Mr. Flower Lieutenant Colonel, &
Mr. John Mathers Majors of the Associated Regiment of Foot of
the said County. Colonel Moore & Lieutenant Colonel Flower
having took & subscribed the Oaths to the Government, their Com-

186

MINUTES OF THE

missions were delivered to them
tuting the said

John Mathers, Major.
David Parry, Esqr., Captain.
Isaac Davy, Gent., Lieut.
Nathaniel Davies, Gent., Ens".
Roger Hunt, Esqr., Capt".
Guyon Moore, Gent., Lieut.
William Littler, Gent., Ensn.
George Aston, Esqr., Captn.
Robert Morrell, Gent., Lieut.
Edward Pearce, Gent., Ens11.

Commissions were Sign'd Consti-

] John M'Coull, Esqr., Captn.
I John Culbertson, Gent., Lieut.
( James Scoot, Gent., Ensn.

"j George Taylor, Esqr., Captain.

> John Vaughn, Gent., Lieut.

3 Robert Aull, Gent., Ensn.

S James Graham, Esqr., Captn.

V- William Darlington, Gent., L't.

J Francis Garmer, Gent., Ens".
William M' Knight, Esq., Capt. 1 Robert Grace, Esq., Captn.
Robert Anderson, Gent., Lieut. > John Kent, Gent., Lieut.
Samuel Love, Gent., Ensn. ) Jacob Free, Gent., Ensa.
Moses Dickie, Esq., Captn. S Hugh Killpatrick, Esqr., Captn.
John Boyd, Gent., Lieut. >■ William Buchanan, Gent., L't.

James Montgomery, Gent, Ens11. ) William Cumming, Gent., Ensn.
Richard Richison, Esq., Capt". ^ John Williamson, Esqr., Captn.
John Cuthbert, Gent., Lieut. >■ James M'Maken, Gent., Lieut.
John Hambrith, Gent., Ens11. J John Johnson, Gent., Ens11.
Andrew M'Dowell,Esq., CaptD. S John Mathers, Esqr., Capt".
John Cunningham, Gent, Lieut, j- James Mathers, Gent., Lieut.
George McCullough, Gent, Ens. ) Joseph Talbert, Gent., Ens\
James Hunter, Esqr., Captn. ~\

Charles Moore, Gent., Lieut. v

Benjamin Weatherby, Gent., Ens11. )

At a Council held at Philada. the 22d Jan^., 1747.

present:
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ~)

William Till, Abraham Taylor, [■ Esqrs.

Robert Strettell, Thomas Hopkinson, )

The Minutes of the preceding Council were read & approv'd.

The President's Letter to Governor Clinton, inclosing the Assem-
bly's Message of the 6th Instant, was read as follows :

" Philada., 11th Janr

1747

" Sir :

" Your Excellency's Letter by Express arriving the Day before
the Assembly sat, the Council had an opportunity of laying it be-
fore them, together with Your estimate of the Pay due to the four
Pennsylvania Companies who were on the Muster Roll at the time

PROVINCIAL COUNCIL. 187

of their Discharge, & again earnestly desir'd them to comply with
His Majestie's Demand, but without Success as You will see by
their Message, a copy whereof I have inclos'd. Now your Excel-
lency knows that they will do nothing. Be pleas'd to favour me with
an Answer to the Letters I have had the honour to write to You on
this Occasion, being with perfect Esteem & Regard,

" Your Excellency's most obed*. Servant,

" ANTHONY PALMER.
" His Excellent Gov1. Clinton."

A Letter from Governor Clinton to the President was read &
order'd to be enter'd.

" New York, 5th Jan^., 1747.
" Sir :

" I am favour' d with Your Letter of the 29th December, in con-
junction with several Gentlemen subscribers thereto, representing
that a Scheme is sett on foot for raising Fortifications for the De-
fence & Security of Your Province, But as You have not Cannon
in readiness for that End, You desire the lent of some from this
Province till You can be supply'd from England.

" I acquainted His Majesty's Council with Your Request, who
have advised me to inform You That as His Majesty has sent an
Engineer over to his Province on the Pay of the Crown, & whose
Arrival from Boston I daily expect, it will not be adviseable in me
to part with any of the Cannon within my Government till he is
thoroughly informed with the State & Condition of this Province,
& what further Fortifications may be wanting for the better defence
thereof.

" I shou'd be very willing to oblige You on this Occasion, as I

am sensible it must contribute to His Majesty's Service, & when

this Gentleman arrives I can better Judge whether & how far I can

comply with what You desire. In the mean time I am very truly,

" Sir, Your most obedient humble Serv1"'

"G. CLINTON.

a The Honoble. Anthony Palmer, Esqr."

The President having last Night recieved a Letter from Mr. Ogle
by one Captain Higginbotham, he laid it before the Board for their
Consideration, and the Letter being read it was order'd to be enter'd.

" Annapolis, Dec1, 3d, 1747.

"Sr:

" The Bearer of this, Captain Higginbotham, is one of those who
had Patents for Land on Your side of the Temporary Line before
His Majestie's late Order in Council, & as he inform'd me that he
meets with some Difficulty in enjoining the Benefit of the said Order

188 MINUTES OF THE

of His Majesty, I thought myself obliged to trouble You with this
in his favour, not doubting of your doing him Justice & preventing
Your People from giving him any molestation under any pretence
whatsoever, which piece of Justice I shall be always ready to ob-
serve in favour of any of Your People under the like Circum-
stances.

" I am, Sir, Your most obedn & h'ble Servu

"SAM. OGLE.
" The Honoble. Anthony Palmer, Esqr."

The Members observing that as the Royal Order referr'd to in
Mr. Ogle's Letter was to be the measure by which both Govern-
ments were to regulate their Conduct in all Disputes happening
upon the Borders, order'd the Secretary to read it, & then calling
for Captain Higginbotham, who attended without, they heard from
him a Relation of his Case, and least they shou'd misconceive any
part of what he said, they desir'd he wou'd get it drawn in writing,
which he promis'd to do & to "deliver it to the Secretary.

Some Members informing the Board that if the Indian Goods
designed to be sent with Mr. Weiser were not immediately secur'd
there wou'd be difficulty in getting them, Mr. Lawrence & Mr. Lo-
gan were desir'd to set down the particulars of what the Present was
to consist, & to bespeak the Goods in time.

The Board taking into Consideration that the Indians having in
their late Treaty address'd themselves to all the Provinces, & con-
ceiving that the Burthen of so large a Present as wou'd be neces-
sary to be made ought not entirely to lye on this Government, since
the other Southren Provinces were equally with this expos'd to
Danger in case the Indians shou'd turn against Us, came to a Reso-
lution to send Copys of the Treaty & of the Messages that had
pass'd in Consequence thereof between them & the Assembly to the
Governors of Maryland & Virginia, & to entreat them to lay the
same before their Assemblies, & to recommend it to them to send
one or more Persons to go with Mr. Weiser, & order'd the Secretary
to prepare proper Letters to be laid before the Board on Monday
next.

At a Council held at Philada. the 25th Janry-' 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ^

William Till, Abraham Taylor, i Esqrs.

Robert Strettell, Thomas Hopkinson, J

The Minutes of the preceding Council was read & approv'd.

PROVINCIAL COUNCIL. 189

The President's Answer to Governor Clinton's Letter of the 5th
Instant; was read in these words :

"Philada., Janry- 25th, 1747.
" Sir :

" The Council who did me the Honor to join with me in the Ap-
plication for a supply of Cannon for the Batteries intended to be
placed on our River, desire me to return Your Excellcy' their very
hearty Thanks for Your obliging Letter. They are in hopes, since
You are pleased to express a willingness to gratify their Request,
that when the Engineer arrives & knows your Excellcy'9, Inclinations,
there may be some Cannon spared, without prejudice to Your own
Fortifications. As I acquainted You in my former that We had
sent Orders to England for a Supply, I can now assure Your Excel-
lency that we expect them the next Summer, and as soon as they
arrive, the others shall be return'd upon Demand, so that your own
Cannon may be with You again in a few Months, or before the En-
gineer may have occasion for them.

" I am Your Excellency's most obed1, hum. Servant,

"ANTHONY PALMER.

" His Excellycy' George Clinton, Esqr."

The Secretary laid before the Board the Draught of a letter to
Governor Gooch & Governor Ogle, which was read & approved, &
order' d to be sent forthwith by Express to those Governors :

" Philada., January 25th, 1747.
" Sir :

" I have the pleasure to inform You that the Indians seated on
the Branches of Ohio, and to the South & West of Lake Erie
(Places within the Bounds of Virginia, Maryland, & Pennsyl-
vania), have this last Summer shewn great Zeal for His Majestie's
Interest in those parts, & by their seasonable Declaration of War
have prevented some very bad Designs of the Governor of Canada,
which wou'd otherwise have taken Effect. This came to be known
first by a Letter sent to this Government from some of the Six
Nations & other Indians seated at Canayahaga, a Place on or
near the river Conde, which runs into the Lake Erie, who send
down a French Scalp in token of their having begun Hostilities
against the French and their Indians. The Traders afterwards
confirm'd this, with this further Circumstance, that the French
Governor had sent the Hatchet to those Indians, and that they had
rejected it, at the same time letting the French Governor know that
they were heartily for the English, & wou'd fight for them & not
against them. This determin'd our Government to give them all the
.Encouragement possible, & while they were deliberating in what
manner to Convey to the Indians a quantity of Goods bought for
their use, ten Warriors living at Ohio came fortunately to Phila-

190 MINUTES OF THE

delphia to remonstrate against the backwardness of the English, &
to tell them plainly that unless they alter' d their Conduct the
French wou'd soon be uppermost in their Parts. As they addressed
themselves to the Governors of all the Provinces, & were told that
they shou'd be made acquainted with their Complaints, the Coun-
cil, in discharge of their Promise, & considering that Your Province
is equally with ours expos'd to Danger, shou'd these Indians for
want of proper Encouragement go over to the French, have thought
it their Duty to send You a Copy of the Treaty held with these
Ohio Warriors, and of the Message of the Council & of the Answer
of our Assembly, wherein they promise to enable the Council to
fulfil their engagements of sending them a present by Mr. Weiser
in the Spring, tho' they were then supply'd with a considerable
quantity of Powder & Lead & Cloathing to ljielp them thro' the
Winter, & most earnestly request that You wou'd lay these Matters
before Your Assembly, and recommend it to them to join with this
Province & that of Virginia in making a Present to these Indians, and
if it shall be thought proper that there may be appointed one or more
Persons with full Power to join with Mr. Weiser in any Measures that
may be there thought to be most conducive to the Publick Good.

"Mr. Weiser was order'd to accompany & take care of the Indians
in their Return to Ohio as far as the Inhabited part of the Country,
& from what pass'd between those Indians & Shickalamy, a Person
of Character at Shamokin, who happen'd to be at Mr. Weiser* s on
their coming there, and likewise from what was said by the Prin-
cipal Indian Scaiohady at parting with Mr. Weiser, of all which
he wrote an Account which is Copied & sent herewith, I cannot
think but the Person or Persons who go to Ohio may do extraordi-
nary Service if they are well supported by an Union of the Southern
Provinces, since they will thereby be enabled to give a larger Pre-
sent & to distribute it among the Indians according to their Num-
bers, Dispositions, & Influence, as the same shall appear to them
upon the Spot.

" It may be expected that the French will use their Utmost En-
deavours this Winter to corrupt the Indians ) there is, therefore, a
Necessity that this Present be sent to them early in the Spring; and
as the time cannot be fixed until I shall receive your Answer I beg
the favour of You to give this AfTair, which is of so much Import-
ance to the Peace & Safety of the Publick, all the Dispatch possible.
"I am, with perfect Esteem & Regard,

"Your Excellency's most obed' Servant,

" ANTHY. PALMER."
Captain Higginbotham having deliver'd in the State of his Case,
the same was read in these words :

Charles Higginbotham1 s Case. •

" 1737 — 2d May. The Deputy Surveyor of Baltimore County in

PROVINCIAL COUNCIL. 191

Maryland, by Order of the Governor & Judge of the'Land Office
in Maryland, Survey'd to the said Charles Higginbotham a Tract of
Land on the North side of Codorus Creek (then reputed in Balti-
more, now reputed in Lancaster County) by Metes & Bounds con-
taining 172 Acres.

d 1737— 5th May. The Lord Baltimore, by Patent here produced,
Grants and Confirms the said Tract of Land to the said Charles
Higginbotham, his Heirs & Assigns for ever.

" 1 738— 25th May. At a Council held at Kensington, the Honoble.
the respective Proprietors of Pennsylvania & Maryland laid before
His most Excellent Majesty & Council their Certain Agreement for
Settling Peace and Tranquility among the Inhabitants on the Bor-
ders of their said Provinces, which was approved of by his Majesty
& Council, & order'd to be carried into Execution.

" By the third Paragraph of the said Agreement all other Lands
(besides the Lower Counties) in Contest between the said Proprie-
taries, then possess' d by or under either of them, should remain in
the Possession as they then were.

" And altho' the said Charles Higginbotham, before & at the time
of the said Agreement between the Proprietors aforesaid, had a
Grant & Patent £or the same under Lord Baltimore, & by virtue of
the said Agreement & Approbation & by Order of His Majesty &
Council, ought peaceably to hold & enjoy the same until the Boun-
daries of the Provinces shall be finally Settled, Yet a certain
Nicholas Perie of Lancaster County hath enter' d upon the said
Tract of Land & forcibly holds the same from the said Charles Hig-
ginbotham, pretending to have a right from, or that he has Attorn'd
Tenant to the Proprietors of Pennsylvania, tho' the said Charles is
well inform' d he has no Warrant, Survey, or Patent for the same
under the Proprietors of Pennsylvania.

"Wherefore, the said Charles Higginbotham humbly prays the
Advice & Assistance of the Honoble. the President & Council of
the Province of Pennsylvania in the Premisses, & that the Articles
aforesaid & Order of His Majesty in Council, so far as relates to
his Case, may be carried into Execution.

" CHARLES HIGGINBOTHAM.

"Philada., J*tf> 23d, 1747."

The Board having Consider' d it order'd the Secretary to write
to him the following Letter, and adjourn'd to the Afternoon:

"Philada., 25th Janry> 1747.
" Mr. Higginbotham :

"The Honourable President & Council having taken into Con-
sideration the State of Your Case which You have left with me on
Saturday Afternoon, command me to give You this Answer, That

192 MINUTES OF THE

they will cause Nicholas Perie to be serv'd with a Copy of Your
Complaint, & order him to attend them forthwith if You desire it,
or if this may not suit You they have thought proper to appoint
the first Tuesday in April, at which time both Parties will have an
opportunity of being heard.

u I am, Sir, Your humble Servant,

"RICHARD PETERS."

P. M.

PRESENT I

The Honoble. the President, & the same Members as in the Fore-
noon.

The Secretary inform' d the Board that he had in pursuance of
their Commands wrote the Letter to Captain Higginbotham • but
not finding him at his Lodgings he had not an opportunity of de-
livering it, & pray'd their Orders what to do ; & just as he spoke a
Servant came to tell the Council Captain Higginbotham waited
without & desir'd admittance ; & being come in the Secretary read
his Letter & afterwards delivered it to him. He thank'dthe Coun-
cil for giving him an opportunity of being heard in April, since he
cou'd not stay now, & withdrew.

The following Letter to Governor Ogle being agreed to, the Presi-
dent Sign'd it, & it was delivered to Captain Higginbotham :

"Philada., 25th Janry, 1747.
"Sir:

" I have the Honour of Your Letter of the 3d December by Cap-
tain Higginbotham, who did not reach this City till Thursday last.
On the Receipt thereof the Council was call'd and he order' d to
attend ; & having related the Cause of his Complaints, the Board,
least they should mis-conceive what he said, desir'd he wou'd get his
Case drawn in Writing; which having done he presented it to the
Council, & it appearing that one Nicholas Perie was in Possession
of the Land he laid Claim to, he was told they wou'd order his at-
tendence forthwith if he desired it ; or if this would not suit him,
they appointed the first Tuesday in April next for the hearing of
both Parties, which last day he himself approved of.

After the Hearing I shall do myself the honour of writing to You
further on this Subject. Being with perfect Esteem & Regard,
" Sir, Your most obedient humble Servant,

"ANTHONY PALMER."

" His Excellency, Samuel Ogle, Esqr."

PROVINCIAL COUNCIL. 193

In the Council Chamber at Philada., 12th February, 1747.

PRESENT :

Thomas Lawrence, Samuel Hasell, ) -p

Abraham Taylor, Thomas Hopkinson, j *

The Minutes of the preceding Council were read & approv'd.

The President having inform'd the Board that he was prevented
by Indisposition from waiting on them, they resumed the Consider-
ation of Indian Affairs, and gave orders to the Secretary to prepare
& Proclamation as full as possible against carrying Rum into the
Indian Country, to be laid before them at the next Meeting. And
it js their Opinion that Mr. Weiser shou'd be instructed to take the
Proclamation with him under the Great Seal, &, deliver it at the
Treaty to the Indians, & make them sensible that by virtue thereof
they have the remedy in a great measure in their own Power ) &
by staving the Casks they may throw such a discouragement on
these Practices as will effectually prevent the future Sale of Rum
amongst them. The Members then took into Consideration the
List of Indian Goods thought by Mr. Lawrence & Mr. Logan proper
to be sent with Mr. Weiser j & the Secretary informing the Members
that Mr. Weiser wou'd be in Town next Week, they postponed the
further Consideration of the Present till they shou'd have consulted
with him on the Subject.

The Associators having return'd some more Officers, the following
Commissions were filled up, viz. :

}

Officers chosen for Philadelphia County.

John Hughes, Esqr.,, Capt". 1 Henry Pauling, Esqr., Captain.
Mathias Holstein, tGent., Lieut. I Robert Dunn, Gent., Lieut.
Frederick Holstein, Gent., Ens". J Hugh Hamilton, Gent., Ens".
Samuel Shaw, Esqr., Capt". 1 Thomas York, Esqr., Capt". "V
Isaac Ashton, Gent., Lieut. I Jacob Leech, Gent., Lieut. v
John Roberts, Gent., Ens". J John Barge, Gent. Ens". }

Jacob Hall, Esqr., Captn.

Joseph Levis, Gent. Lieut

William Finney, Gent., Ens

Officers chosen for Bucks County.
Alexander Graydon, Esq., Capt". ^ Langhourne Biles, Esqr.,Captn.
Anthony Denormandie, Gent. (Garret Vanzant, Gent., Lieut.

Lieut. {John Severns, Gent., Ensn.

James Barber, Gent., Ens". J
Joseph Inslee, Esqr., Captn. ^ George Bennet, Esqr., Capt

- 1

ns".J

y>

}

Anthony Teate, Gent., Lieut. [►Garret Wyncoop, Gent., Lieut. I
David Lawell, Gent., Ens". J Ralph Dunn, Gent., Ens . J

Richard Walker, Esqr., Capt".

Robert Walker, Gent., Lieut.

William Davis, Gent., Ens".
VOL. v.— 13.

}

194 MINUTES OF THE

Officers chosen for Lancaster County,
Hugh Patrick, Capt".
Thomas McDowell, Lieut.
Thomas Grubb, Ensa.

Officers chosen for New Castle County.
William McCrea, Esqr., Capt. ~\ David Bush, Esqr., Capt",
Alexander Moody, Gent"., Lieut, y John McKinley, Gent., Lieut
Francis Graham, Gent"., EnsD. J Charles Bush, Gent., Ensn.
Henry Dyre, Esqr., Capt. ") John Vance, Esqr., Captn.

Paul Allfree, Gent., Lieut. J- John Vandyke, Gent., Lieut.
Jerrard Rothwell, Gent., Ens", j William Harraway, Gent., Ens'1.
David Steward, Esqr., Capt". ~\ Alexander Porter, Esqr., Capt".
Jerome Dusheene, Gent., Lieut. > James King, Gent., Lieut.
Isaac Dusheene, Gent., Ens". ) Samuel Allricks, Gent., Ens".
George Gano, Esqr^ Captain. ") Edward Fitzrandolph, Esqr.,
James Egbertson, Gent. Lieut, j* Capt".
Thomas Bennet, Gent., Ens". J Alexander Chance, Gent. Lieut, f

Joseph Hotham, Gent., Ens". J
As the President is frequently indisposed, & several Officers apply
to take the Oaths to the Government, the Board think it might
conduce to their Ease if the Secretary had a Dedimus to administer
the said Oaths to such as shou'd apply, & therefore request the
President to Grant a Dedimus to him for that purpose, & likewise
a Dedimus to the Justices of the Peace of each County to administer
the Oaths to the Officers of the respective Counties.

In the Council Chamber at Philada., 18th February, 1747.
present :
Thomas Lawrence, Robert Strettel'l, "]

Benjamin Shoemaker, Joseph Turner, J^Esqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Secretary laid before the Board a Draught of a Proclama-
tion, which was read, & having approv'd it, they directed him to
transcribe it in order to be sign'd by the President, & Publish'd
with the usual Solemnity.

" By the Honoble. the President & Council of the Province of Penn-
sylvania.

« A PROCLAMATION.

" Wliereasy by several Acts of Assembly of this Province, the
Selling of Rum to the Indians is prohibited under severe Penalties,
& particularly by an Act of the 12th of King William it is enacted
as follows : * That all Rum, Brandy, or other Strong Liquors that
shall be carried, or offer'd to Sale or Disposal to or at any of the

PROVINCIAL COUNCIL. 195

Indian Towns or Habitations within the Bounds of this Province,
shall be forfeit, and it is hereby declared to be forfeit, one-third to
the Governor & two-thirds to such Person or Persons as shall seize
the same j and all Persons (as well Indians as others) are thereby
irapowered to seize & secure all such Rum, Brandy, & other Strong
Spirits so found at any Indian Town or Settlement as aforesaid f
And by another Act of the 8th Year of the late King George the
first, it is (among other things) enacted 4 That no Person whatso-
ever, otherwise than is therein declared, shall Sell, Barter, or give
to any Indian or Indians, or to any other Person for their use, nor
by any Means directly or indirectly furnish or cause to be furnish'd
any Indian or Indians with any Rum, Wine, or other Strong Li-
quors, mixed or unmixed, under the Penalty of Twenty Pounds for
each Offence, one half to the Governor for support of Government,
& the other half to the Informer or such Person or Persons as will
sue for the same/ And further, ' That in Case any Rum or other
Strong Spirits, above the quantity of one Gallon, be carried amongst
the Indians at their Towns, or beyond the Christian Inhabitants,
the Person carrying the same, or he in whose possession the same
shall be found, shall forfeit & pay the Sum of Twenty Pounds
to the Uses aforesaid/ And further, f That no Person or Persons
whatsoever after the first Day of August then next following, under
the Penalty of Twenty Pounds for the uses aforesaid, shall Trade
or Traffick with any Indian for any Commodity whatsoever, but at
their own Dwelling Houses and Places of Residence with their
Families, within some settled Township of this Province, without
being first recommended to the G-overnor for his Lyeence by the
I Justices of the County Courts of Quarter Sessions where he resides,
■ or the next Quarter Sessions within this Province to the Place of
rsuch Residence ; and that no Person shall be so Lycenced without
' first giving Bond in the said Quarter Sessions, with one or more
i substantial Freeholders of the same County, to be bound with them
In the Sum of One hundred Pounds, condition* d that he will duly
'! observe the Laws of this Province for regulating the Trade with the
| Indians, which Recommendations & Lycences shall be renew' d an-
nually in the manner before directed ; and shall further, by his
; Oath or Affirmation, oblige himself that he will not directly or in-
directly sell or dispose of any Rum or other Spirits, mixed or un-
mixed, to any Indian/

" And Whereas, frequent Complaints have been made from time
to time, & of late earnestly renewed, that divers gross Irregularities
j & Abuses have been committed in the Indian Countries by means
of the great Quantities of Strong Liquors which are every Year
'brought & Sold amongst them, contrary to & in contempt of the
[said Laws, & that many of the Indians by being intoxicated &
jdrinking to excess of those Liquors are not only most grossly im-
I posed upon & cheated in their Bargains, but are also thereby in-
| flam'd to such a degree as actually to destroy many of their own
Lives & greatly to endanger the Lives of others ; We have? there-

196 MINUTES OF THE

fore, thought fit, for the future prevention of such Disorders as far
as in Us lies, to publish this Proclamation, strictly Charging & Com-
manding That no Person or Persons do hereafter presume to trade
with the Indians, without first obtaining a Licence from the Gover-
nor or Commander-in-Cheif for the lime being, according to the di-
rections given in the said. Act of Assembly; & We do hereby also
strictly enjoin the Magistrates of the several Counties within this
Province, and especially those of the County of Lancaster where
these abuses are mostly carried on, to be very vigilant & careful in
the Discharge of the Duties required of them by the said Acts of
Assembly, & in particular to demand such Lycence of all Persons
travelling with goods to trade with the Indians; and to make or
cause diligent Search to be made for any Quantity of Rum or other
strong Liquors exceeding the quantity allowed by Law which they
shall have reason to suspect is carrying to the Indians. And for
the more effectual detecting & suppressing the abuses aforesaid, We
do further earnestly recommend it to the said Magistrates to give
all due Countenance & Encouragement to the Persons who shall ap-
ply or can give Information against those who have been or shall
hereafter be guilty of carrying or vending Rum & other strong Li-
quors amongst the Indians contrary to the said recited Laws or
any of them. Moreover, in as much as by the said Act of Assem-
bly of the 12th of King William, all Rum, Brandy, & other Spirits,
carryed into any of the Indian Towns, are declared to be forfeit,
one-third to the Governor and the other Two-thirds to the Persons
seizing the same, We do hereby give full Power and Authority to
any Indian or Indians to whom Rum or other Strong Liquors shall
hereafter be offer' d for Sale contrary to the said Laws, to stave &
break to pieces the Cask or Vessel in which Rum or other strong
Liquors is contained, without being accountable to Us for the Gov-
ernor's third Part ; And for the better Encouragement of all Per-
sons to give in Informations & prosecute the Offenders against any
of the said Laws, We do hereby further declare that the said In-
formers shall have & recieve to their own Use the whole Penalties
& Forfeitures incurred by & to be recover' d of the Persons against
whom they shall so inform, as well the Parts & Shares allotted by
the said Laws to the Informer, as to those given to the Governor or
Commander-in-Chief, for the time being.

" Given at Philadelphia, under the Great Seal of the said Province,
the 18th Day of February, in the Twenty -first Year of the Reign of
our Sovereign Lord, George the Second, by the Grace of God of
Great Britain, France, & Ireland, King, Defender of the Faith,
&c., Annoqz Dom., 1747.

" By Order of the President & Council,

" ANTHONY PALMER, Presid1-
" Richard Peters, Secretary.
" GOD SAVE THE KING/'

PROVINCIAL COUNCIL. 197

Mr. Weiser, attending, was call'd in, & after much Deliberation
the Present to the Indians was Settled as follows :

18 Barrells of Gunpowder - - @ £9 10s. £171 0 0
20 ewt. Barr Lead, viz., 10 cwt. @ 45s. & 10 cwt.

@ 42s. ------- 43 10 0

40 Guns @ 30s. 60 0 0

16 P. Duffels, 15 P. @ £13 10s., & 1 P. @

£14 10s. 217 0 0

50 Doz. Knives, sorted 24 5 0

6,500 Flints 4 11 6

341 Garlix Shirts, with making & thread - - 105 12 1

100 Ozenbrig's Do. with Do. ... 29 0 0

20 Groce Gartering 25 5 0

15 lbs. Vermillion ------ 11 16 10*

10 P. Half thicks - - - 48 1 7

9 Doz. & 4 Looking Glasses - - - - 7 11 0

SO Brass Kettles, wht. 55* lb. - - @ 4s. 11 2 0

20 Doz. Indian Hatchets - - - 18s. 18 0 0

14 Groce Rings — 10 10 0

U Groee Medals ------ 600

2 Groce Awl Blades - 20s. 2 0 0

35 P. Ribbon - 29 2 0

%h lbs. Beads ----- 6s. 0 15 0

4 Doz, & 10 Dutch Pipes - - - - - 2 11 0

1 doz. jointed Babys ----- 0 15 0

£828 8 0i

Clvarges paid on said Goods, viz. :

Paid Porterage of said Goods from

Trenton £0 3 0

Paid James Livingston Freight of

Goods from Brunswick - 3 12 0

& for a Trunk for Conrad Weiser's Use 0 12 0?

Paid Cutlob Hill & Jacob Wyer, Car-
riage of Goods to J. Harris' - - 13 16 0

Paid hawling the Powder to the Pow-
der House 0 2 6

Paid for 56 lb. of Rice for C. Weiser's

Use, lis. 8d. & bag 3s. 6dL - - 0 15 2

Paid William Hodge for Tobacco - 0 16 3

Paid Fra. Manny for a Hammock for

Conrad Weiser - - - 1 7 10

Paid for 3 half Barrels, 3 Cags, & 1

Box - - ' - • - - - 1 2 6

22 7 3

£850 15 3*

US MINUTES OF THE

And Mr. Lawrence & Mr. Shoemaker & Mr. Logan are appointed
a Committee to purchase them at the easiest Rates & with the ut-
most Expedition, that they may be ready to be sent to Lancaster as
soon as the Roads will admit.

At a Council held at Kensington the 26th February, 1747.

PRESENT :

The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, ~)

Abraham Taylor, Robert Strettell, Lp

Benjamin Shoemaker, Joseph Turner, f *

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approvM.

A Letter from Mr. Shirley to the President was read :

" Boston, February 1st, 1747.
"Sir:

" I am favoured with Tour's in answer to mine upon the Article
of sending Commissioners to treat with those from this Government,
New York, & Connecticut, and another inclosing an Application to
me from Yourself & other Gentlemen of the Association in Your
Province for the Loan of some Cannon ; the Request of which last
I am extremely sorry it is not in my power to answer, a3 You will
perceive, Sir, by the present State of His Majesty's Warlike Stores
Jhere, which I shall give You an account of.

" Upon the Expedition against Cape Breton I was obliged to take
eight battering Cannon of twenty-two Pound Shot & eight of nine
Pound, with three Mortar's, their Carriages & Implements, out of
his Majesty's Castle William, the Principal Fortress & Key of this
Province, & to send them to Louisbourg, where three of the Mortars
<& all the eight large Cannon were either burst or rendered so un-
serviceable as to be fit for nothing but Ballast, & for that Reason
they were never return'd to the Castle. And since this I have been
oblig'd to erect a new Battery upon an Island over against Castle
William, in order to prevent the Enemy from Landing Mortars or
Cannon there to annoy our Works at the Castle, so that by this
means we want Cannon here to fill up the Gap at Castle William
& have not a sufficient Number of proper Cannon to mount our new
Battery with, & the Batteries of the Town of Boston are still worse
supply'd with Ordnance.

"I do assure You, Sir, it would have given me great pleasure io
have answer'd the good Opinion of me which You and the other
Gentlemen do me the Honour to express in their Letter, by sending
the Cannon You desire, and I beg the favour of You to make them
sensible that it is not in my Power to do it.

PROVINCIAL COUNCIL. 199

" I am sensible what Danger there may be at this critical junc-
ture of the Indians being turn'd against us by the Artifice & Insti-
gation of the French, and for that reason most ardently wish the
several Colonies may unite in an imediate Expedition against the
French Fort at Crown Point, which would be the most effectual
Means of fixing the Indians of the Six Nations & other Tribes Tin
their Dependence or Alliance] in the English Interest, & securing
ourselves from the Ravages & Depredations of the Enemy. But
shou'd we be so unhappy as not to agree to make so necessary an
attempt, & Your Province shou'd feel the bad Consequences of it,
You may depend upon it that it shall want no Succour or Assist-
ance which may be in my Power to afford You upon any Emer-
gency. And when the two Gruardships of this Province are fitted
out & go upon their Cruises, I will take care to give the Commanders
of them Orders to protect Your Coast & River as much as is consist-
ent with the Service to which they are appointed.

" I heartily wish the Gentlemen of Your Association Success in
the Defence & Protection of their Country, & that Your Assembly
may soon emulate their Publick Spirit j being with sincere wishes
for the Prosperity of Your Province & a most real regard for your-
self,

" Sir, Your most obedient, humble Servant,

"W. SHIRLEY.
" The Honoble. Anthony Palmer, Esqr-"

The Translation of two Letters from Don Francisco Caxigalde De
La Yega, Governor of the Havannah, to the President, deliver' d
him by Captain G-eorge Davis, was read in these words :

" Most Excellent Sir:

" The President & Directors of the Royal Company of this Island
have taken upon them to answer You upon the Subject of the Ran-
som of the Prize taken by the St. Christopher, & having given the
necessary orders to that Body, that part of Your Excellency's Let-
ter remains answer'd.

"By the three annex' d Instruments of Writing, which among us
are of the highest validity for the Justification of Liberty, Your
Excellency may see that Mark Antony Bias De La Chandelaria, Mar-
roquin, & Stephen Joseph Ocharcoaga, were born free ; & as I am
persuaded that it is agreeable to Your Excellency's Nature, I desire
they may be treated as such & sent to me, with what other Spanish
Prisoners you may have in your Power.

" The same favour that I beg for the three before named I desire
for Andreas Antonio & Michael Joseph ; as they were not born here
I know nothing of them, but as soon as they arrive we shall enter
into the strictest enquiry, according to our Custom, which is suffi-
ciently rigorous, & if it appears they are not free, I shall remit to

200 MINUTES OF THE

Your Excellency their value ; if they are found to be free I shall
send You Instruments in Writing, Certifying their being so, to
Your entire Satisfaction, for the performance of which I give You
my word of Honour.

" I remain with immutable affection at Your Excellency's Ser-
vice, & beg God may preserve You many Years.

"DN- FRANC0- CAXIGALDE DE LA VEGA.
« Havannah, Dec'- 4th, 1747."

" Excellent Sir :

" George Davis, Commander of the Pompey, returns to Your Port
with Sixteen English Prisoners, as the annex'd List Certifys, and
tho' Your Excellency sent but four Spaniards, I am persuaded it
was because You had no more to send.

"I commiserate much the misfortune of those Prisoners, for
which reason I have determin'd to send all British Subjects to the
British, first treating them with the greatest good nature. I hope
Your Excellency will do the same by all Spaniards who may meet
with the like Misfortune, that by this Means a good Correspondence
for the Exchange of Prisoners being establish'd one & the other
Nation may reap the Benefit of being soon restor'd to their Country.

" I repeat my being at Your Service with the most affectionate
Good will, & beg God may preserve Your Life many Years.

«DN FRANC0" FAXIGALDE DE LA VEGA.

" Havannah, 21st Novr-' 1747."

Thereupon the Board call'd for the Minute of Council of the 29th
of June, & the Copy of the President's Letter of that Date to the
Govr- of the Havannah, & on considering them they thought them-
selves engag'd to send to the Havanna' the Negroes mention'd in
the said Certificates, & on Mr. Turner's undertaking to carry them
there in the Brigantine Pompey, Captn- George Davis, if Captn- Davis
might have the Privilege to wear a Flag of Truce, the Question was
put whether the Privilege of the Flagg shou'd be granted or no;
And all the Members except Mr. Lawrence & Mr. Logan voted in
the Affirmative.

Order' d, That the Secretary prepare an answer to the Spanish
Governor's Letter, & a Lycence for Captn' Davis to wear the Flagg,
& to carry to the Havannah four Negroes, viz. : Mark Antony, Bias
Dela Candelaria, Marroquin, Stephen Joseph Ocharcoaga, & Andreas
Antonio, Micheal Joseph the other Negroe mention'd in the Certi-
ficate having died of a Fever.

PROVINCIAL COUNCIL. 201

At a Council held at Philadelphia 2d March, 1747.
present :

The Honoble. ANTHONY PALMER, Esqr., President,
Thomas Lawrence, Abraham Taylor, ) v

Robert Strettel, j ljSqrS'

The Minutes of the preceding Council were read & approv'd.

The President's Letter to the Governor of Havanna' was read &
order'd to be enter'd :

" Sir—

" Captain George Davis deliver'd me Your Excellency's two Let-
ters of the 4th of September & 21st of November last, together
with Sixteen English Prisoners, towards whom, as You have exer-
cised a very distinguishing humanity & sent them to their Native
Country by the first opportunity, I cannot but in their behalf return
You my heartiest acknowledgment. It is not in my power to send
You any of His Catholick Majesty's Subjects, I having already sent
fourteen at their own Instance to Leoganne for fear of their being
oblig'd to stay here all the Winter, no opportunity offering for Your
Port. They were well fed & well taken care of here, & as they
were without Cloaths, this Government before their Departure gave
them Cloaths, & wrote to His Excellency Monsr. Chastenoye, Gov-
ernor of Leoganne, to aid them all in his Power to get to the Havan-
nah.

" On the Certificates transmitted by Your Excellency the three
Negroes, Bias Marroquin Estevan, Hosea Cherquava, & Marcus An-
tonia, are released & put on board Captain George Davis, who has
my Orders to deliver them to Your Excellency, & to whom for that
purpose I have granted the Privilege of the Flag.

" I have likewise deliver'd to him Andreas Antonio, one of the
Negroes that Your Excellency requests may be sent to You ; the
other dyed here of a Fever. If on the Examination into his State
You find he is not a free Negroe, You will be pleas'd to remit the
value that it may be given to the Captors.

" I have receiv'd no Letter from the Directors of the Royal Com-
pany about the Ransom of the Prize taken by the St. Christopher,
which was expected by what Your Excellency says in Your's.

" May Your Excellency be bless'd with a long Life & all manner
of Happiness.

"I am Your Excellency's most obed'- h'ble Servant,

"ANTHONY PALMER.

" His Excellcy- Dn- Franc0- Faxigalde De La Vega, Govr> of Ha-
vannah.

"Philada., Febry 1747."

202 MINUTES OF THE

The President having receiv'd a Letter from Mr. Ogle in answer
to the Council's Letter of the 25th of January last, it was read in
these words :

" Annapolis, Febary- 15th, 1747.
" Sir :

" Your Letter of the 25th of January did not come to my hands
till last Night, the Messenger having Died upon the Road in Balti-
more County, and this Day I have forwarded the inclos'd Packet to
the Governor of Virginia.

" You may be assur'd of my doing every thing in my Power to
induce the People of Maryland to contribute their part towards so
general a good as keeping the Six Nations our hearty Friends, & I
flatter myself that the Gentlemen of Virginia will set us a good
Example upon this occasion, as I have writ to Sr- William Gooch.

" But how far You may rely upon us I cannot pretend to say, as
it will be sometime before I can' get a Council together at this un-
seasonable time of the Year ; when I know their Sentiments you
shall hear further from me; in the meanwhile I beg leave to remain,

" Sir, Your most obedt. humb. Servant,

" SAM. OGLE.
" The Honoble. Anthony Palmer, Esqr."

A Petition from sundry Persons living on the Boad leading from
Darby to Chester, was read in these words :

u To the Honoble. the President and Council of the Province of
Pennsylvania, &c.

" Whereas, You was pleased by Your Order bearing date the 8th
Day of September last, to appoint us, the Subscribers, with some
others, to lay a Boad out from Cobb's Creek to New Castle Line,
with directions to follow the Boad as now used, where it is not al-
ready laid out, & where it is to follow the Courses & Distances
therein mentioned in order (as we presume) to prevent as much as
might be injuring the Owners of the Land adjacent to the sd. Boad.
We, therefore, in obedience to the said Order, met at Cobb's Creek
Bridge, & took the courses and Distances of the Boad as now used,
until we came to that part of the Boad which leads from Darby to
Chester, and has been already laid out by course & Distance, & then
upon trying the Courses thereof found them to run a considerable
distance in divers Places from the Boad now used, & that frequently
through Improved as well as wood Lands, and would in our opinion
be very injurious to a great number of the Inhabitants adjacent to
the Boad, & as we conceive very contrary to Your Intention.

u Therefore we pray, in behalf of ourselves & others, that You
wou'd be pleased to appoint a jury and Grant them such Powers as
You may think proper to enable them to lay out a Boad in the most

PROVINCIAL COUNCIL. 203

convenient Place to accommodate the Publick, & least injurious to
the Inhabitants, which We apprehend is agreeable to Your Design,
& we as in Duty bound shall ever Pray.

" SAMUEL LEVIS.

"CALEB COUPLAND.

"JOSEPH BONSALL.

"PETER DICKS.

"JOHN DAVIS.
" December 3d, 1747."

And Mr. Bonsall & Mr. Davis attending without were call'd in,
& on their Examination & Inspection of a Draught of the Road as
it wou'd run was it to be made agreeable to the Return of the Year
1706, & of another Draught of the Road as it now runs, the Board
made the following Order, viz. :

" Whereas, by our Order of the eighth Day of September last,
Wo directed You, among others, to lay out the Road leading from
Darby to Chester, agreeable to the Courses described in a Recorded
Return of the same made in the Year 1706 : And whereas, on Ex-
amination of several Persons living on or near the same Road, it
appears that the same was never actually cleared according to the
said Return, and that was it to be so now it wou'd exceedingly pre-
judice the Lands through which it shou'd pass, and on further con-
sideration of the matter & perusal of the Draught of the Road as
it now runs, it appears to us that it will be most convenient to have
it laid out agreeable thereto, And therefore we have thought proper
to revoke that part of our former Order which relates to the Return
made in 1706, and Do now Order & Direct that You lay the same
Road out in the manner it now runs, making no other alterations
than what may be absolutely necessary to make it more regular &
direct in some Places, or more commodious to the Fording Places or
Bridges that are now used in the said Road."

In the Council Chamber, 5th March, 1747.

PRESENT I

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, *)

Abraham Taylor, Robert Strettell, \- Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

The Board being informed that Mr. George McCall was going in

the Sloop to Cape Breton, & that she was not to tarry there

but to return immediately to this Place, thought it necessary to
inform the Commander-in-Cheif thereof the unhappy Circumstances

204 MINUTES OF THE

of the Province, & to apply for a loan of Cannon, & thereupon the
following Letter was wrote & approv'd & sign'd by the President.

"Philada., 5th March, 1748.
" Sir :

"The Administration of the Government of this Province of
Pennsylvania being, in the absence of the Governor, devolved on
the Council, I as their President & at their Instance in Council
Assembled, have the honour to inform You that from sundry ad-
vices given by Prisoners & others who have been lately at the
Havannah & in several of the French Ports in the West Indies,
We have the greatest reason to expect an Invasion from a number
of French & Spanish Privateers sometime this Summer. ' These
Intelligences have likewise been confirmed in Letters from Persons
of undoubted veracity residing in the British West India Islands;
& that thereupon we have done all in our Power to put the Province
in a posture of Defence by forming an Association, & thereby
bringing together a voluntary Militia, & by preparing Batteries on
the most commodious Places in our River, & all this at a private
Expence, for We have the Misfortune to have an Assembly consist-
ing chiefly of Quakers. Having no Cannon wc have wrote to Eng-
land for some, & for fear of disappointment we have in the most
pressing manner apply'd to the Neighboring Governments to be
furnish'd, but without Success, from the unhappy Circumstances
they find themselves in; and now, Sir, as our last resourse, we
make it our earnest request to You, on behalf of His Majestic' s
Subjects of this Province, if there be any battering Cannon fit for
Service with You, which You can any ways spare, that You wou'd
be pleas'd to supply us with them.

u Mr. George McCall, the Gentleman by whom we send this, will
inform You of our melancholy Situation, & of the great & imminent
Danger to which this Colony stands expos'd ; & as he has assured us
that the Vessel he goes in will not tarry, but immediately return to
this place, if we shou'd be so happy as to be favour' d with the
Loan of the Cannon, We further desire You wou'd be pleas'd to
deliver them to him to be shipp'd on board her, assuring You we
shall take the greatest Care imaginable of them & return them to You
or Your Order on Demand, or if this Vessel shou'd not return so soon
as is expected we beg You wou'd put them on board any other Ves-
sel that is ready to Sail for this Place or any other of the Neigh-
bouring Colonies.

"The importance of this Colony, situate in the Center of His
Majestie's American Dominions, whose Trade is so essentially ne-
cessary for supplying the British Islands & His Majestie's Fleets
there, & the Service that will be done His Majesty by the preserva-
tion of the Lives of so many of His Subjects, are Considerations
that make us hope You will favour us with all the Assistance in

PROVINCIAL COUNCIL. 205

Your Power, not only in the Loan of the Cannon but in giving
Information to all the Commanders of His Majestie's Ships of War
of the Enemie's Designs, that if they can any ways, consistent with
their Orders, extend their Cruises to the Capes of Virginia, nothing
else can prevent a total obstruction of Trade on this Continent — an
Event which wou'd be of the worse Consequence at this time, as
added to all our other Calamities we shou'd thereby be disabled
from furnishing the Indians with Amunition & Goods, & so force
them to go over to the French Interest. I conclude with saying
Your Assistance will lay an Infinite Obligation on all the Inhabitants
of this Province, & in particular on the Gentlemen of the Council,
& on

" Sir, Your most obed'- h'ble Servant,

"ANTHONY PALMER.
"To His Excellency the Commander-in-Chief for the time being
at Cape Breton."

At a Council held at Philadelphia, 8th March, 1747,

PRESENT :

The Honourable ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, 1

Abraham Taylor, Robert Strettell, I -™

Benjamin Shoemaker, Joseph Turner, [ '

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approved, *
The Council resumed the Consideration of the Condition of the
Province, h one of the Members saying that Mr. Samuel McCall
had received a Letter from Mr. Rutherford at New York from which
there was reason to believe Mr. Armstrong, his Majestie's Engineer,
was arrived there, the Board was of opinion that they ought to re-
new their application to the Governor of New York for a Loan of
Cannon, & to add the greater weight thereto, they thought that
sollicitations shou'd be made by two of their Members, & Mr.
Lawrence & Mr. Taylor were requested to undertake the Journey,
& on their consenting to go, the following Letter was wrote to Mr.
Clinton & approved.

" Philada., 8th March, 1747.
"Sir:

" As the President & Council of this Province acquainted Your
Excellency some time ago with the Accounts we had receiv'd of an
Attempt upon this Colony being intended to be made by the French
& Spaniards this Summer, and that the Inhabitants had resolv'd to
erect one or two Batteries upon this River, and had wrote to Eng-
land for Cannon, but were afraid they wou'd come too late to answer

206 MINUTES OF THE

the purposes intended, & therefore desir'd Your Excellency wou'd
be so good as to assist us with the Loan of such as cou'd be spared
from Your own Works. And Your Excellency in Your Letter of
the 5th January was pleas' d in the most kind & obliging manner to
express an Inclination to oblige us on that occasion, as you thought
it wou'd contribute to His Majesty's Service. Encouraged by Your
Excellency's humane & benevolent disposition, & prompted by our
own unhappy Situation, We have taken the Liberty to renew our
former Application, and have appointed Mr. Lawrence & Mr. Tay-
lor, two of the Members of this Board, to wait upon Your Excel-
lency to request as the last favour the loan of as many Cannon
as the Gentleman (whose arrival Your Excellency waited for,
& who We understand is now with You) thinks proper. If Your
Excellency knew how many hearts You wou'd set at ease, and how
many hands wou'd be lifted for the preservation of that life to whom
they owed their own, We think all other Arguments wou'd be un-
necessary. For our own parts We have no doubt but that what-
ever shall be thought to promote His Majestie's Service & the Good
of the Colonies will be the object of Your Excellency's Care. I
am, Sir, for myselfe & the Gentlemen of the Council,

•' Your Excellency's most obedient Servant,

" ANTHONY PALMER.
" His Excellency, George Clinton, Esqr."

A Letter was likewise wrote to Mr. Shirley in these words :

"Philada., 8th March, 1747.
" Sir :

" Being indispos'd when the last Post went away he did not carry
the acknowledgements due to You for your obliging Letter of the
1st of February in answer to the Council's application for the Loan
of Cannon. The Gentlemen of the Council who did me the honour
to join with me in that Letter are perfectly satisfied with the reasons
You give why you cannot comply with their Bequest, and desire
me to return You their heartiest thanks for the just & commissera-
ting Sense you express at our calamitous Situation.

" As we know not but we may be disappointed in every applica-
tion we have made for Cannon, & we have try'd but every Place
where there was the least prospect of succeeding, & as our depend-
ence is now principally on the arrival of the Cannon order'd to be
sent us from England, which is a very precarious dependence in War
time, the safety of this Colony runs a great risque, unless some of
the Commanders of His Majestie's Ships of War or of Your Pro-
vince Sloops can be directed to cruize early in the Spring between
Sandy Hook & the Capes of Virginia, and to look into the Bay of
Delaware. The Council, therefore, make it their earnest Request
that You wou'd use all your Interest to bring this about. The ap-
pearance of any Vessel or Vessels of force on our Coasts, & that

PROVINCIAL COUNCIL. 207

early in the Season, may entirely defeat the Enemies Schemes, or at
least oblige them to postpone the execution of them j and if they
are oblig'd to do this the Colony may be preserved — for then our
Cannon may arrive, & we may have time enough to make sufficient
Preperations for our Defence.

"It is certain that His Majestie's Fleets in the West Indias de-
pend on being supplied from New York and this Place, and we are
told that there will be a large Fleet in the West Indies ; surely then
no greater Service can be done to His Majesty, exclusive of saving
the Lives & Fortunes of ,so many of his Subjects, than to prevent
an obstruction of the Supply of His Majestie's Navy. This con-
sideration will, we hope, make the People of your Government who
have been so remarkably zealous for their Regard to the Trade of
the Continent, pleas' d & desirous to see their Vessels of Force or-
der'd on a Service of such great Importance even to them, & will,
I know, animate You to use your utmost endeavers with the Cap-
tains to extend their Cruizes as far as will answer these good pur-
poses. I am with perfect Esteem,

" Sir, Your most obedient humb. Servant,

"ANTHONY PALMER.
" His Excellency, Willm- Shirley, Esqr."

And another Letter was wrote to Admiral Knowles at Jamaica,
and one of the same Tenor to the Commodore of His Majesty's
Ships of War in the Leeward Islands :
"Sir—

" The Administration of this Government being in the absence of
the Governor devolv'd on the Council, at which Board I have the
honour to be President, we in Council assembled think it our Duty
to represent to You the unhappy state of the Colony, & the reasons
we have to apprehend an Invasion of our Province & the Plundering
of our City & a TotaJ loss of our Trade.

" We need not tell You, who are so well acquainted with the
Condition of the Colonies, that the Majority of the Assembly con-
sisting of Quakers, their Principles wou'd never suffer them to put
this Province into a posture of Defence, nor to fit out Vessels for
the protection of their Trade ; encourag'd by this, the Coast was
last Year infested with swarms of French & Spanish Privateers,
numbers of our Vessels were taken within our own Capes, & the
Enemy seeing no resistance seiz'd our Pilots & fell a plundering the
Plantations Situate on the Bay side. This Success more than an-
swering their expectation, we are told by Prisoners who have been
carried into the Enemie's Ports that great preparations are making
& mighty Schemes concerted for our Ruin ; whether they be con-
certed by the Government in order to make a lodgement in so
fruitful a Province, the Granary of America, or be a Confederacy
of private Adventurers to burn the City or lay it under Contribu-

208 MINUTES OF THE

tion, we cannot say. To prevent this the Inhabitants have enter'd
into an Association, and are preparing Batteries in the most commo-
dious Places of our River, which we hope will save the City, but
whatever becomes of Us our Trade runs a manifest risque of being
totally obstructed'.

" This is an Event of so much Importance to His Majesty, as His
Majestie's Fleets in the West Indies are to be supplied with a great
part of their Provisions from hence, & His Majestie's Subjects there
cannot get many of the necessaries of Life but from the Continent,
that we think it our indispensible Duty to apprize the Commanders
of His Majestie's Fleets in the West Indies of our apprehensions,
& of the whereon they are founded, not doubting but when they
come to know the dangerous State of the Navigation of North
America, & what terrible Mischeifs may ensue thereon, they will do
all in their Power to prevent them, & order some of the Men of War
under their Command to Cruize on that part of the Continent which
is threatned & lies most expos'd to the Depredations of the Enemy.

" You will easily imagine whatever may be the designs of the
French & Spaniards, whether they Act on a Government Scheme or
only on private Views, that they will be put in Execution early in
the Season, & that their Privateers will take their Stations at the
most convenient Places of the Coast, if unguarded, as soon as Navi-
gation begins to be safe; So that no greater Service can ba done His
Majesty, nor no surer Method be taken to disappoint the Schemes
of the Enemy, than to order it so that one or more Men of War
may be beforehand with them on the Coast. The severity of the
Season it is thought has drove many of the Vessels expected to
arrive here to the West Indies, & these will probably fall in with
the Enemie's Privateers to the great detriment of Trade in general ;
but it may at this time prove particularly fatal to His Majestie's
Interest with the Indians, who are in great want of Amunition &
Cloaths, none of the Fall Vessels wherein these G-oods were shipp'd
being arriv'd, & if they are taken it will not *be possible for the
several Governors to answer their Engagements to the Indian Na-
tions, nor execute the Plans concerted for the operations of the en-
suing Year.

" I am, Sir, Your most obedient humble Servant,

"ANTHONY PALMER.

"Philada., 8th March, 1747."

At a Council held at Philada. the 29th March, 1748.

PRESENT :

Thomas Lawrence, Abraham Taylor, | -™

Thomas Hopkinson, William Logan, } S(*rS'

The Minutes of the preceding Council were read & approv'd.

PROVINCIAL COUNCIL. 209

The following Letter from Mr. Ogle was read :

" Annapolis, 8th March, 1747.
"Sir:

u I have this Day laid Your Letter of the 25th January, with
other inclosed Papers, before the Council, & find them unanimously
inclin'd to do every thing in their Power to induce the Lower House
of Assembly to make some acceptable Present to the Indians in
Concert with Your Province, & they express' d a particular Concern
that we had not an opportunity of laying the said Papers before
them the last Session, which ended the 23d of December, as they
apprehend the Lower House might then have been more easily per-
swaded into a thing of this Nature than if we were to call an As-
sembly on purpose, whicn is always unpopular, as it brings a con-
siderable Expense upon the People. This being considered, it was
the unanimous Opinion of the Council that the best way to answer
the expectation of Your Government wou'd be to leave the Affair
till the next Meeting of our Assembly, which is to be the Tenth of
May, when I really flatter myself We shall do something on our
Part to keep up that good Correspondence with the Indians which
is so necessary to all His Majesty's Subjects in this part of the
World ; in the mean time I remain, Sir,

" Your most obedient humble Servant.

"SAM OGLE.
" To the Honoble Anthony Palmer, Esqr."

A list of Officers to whom Commissions have been granted since
the Last Entry in the Council Books :

Captains. Lieutenants. Ensigns.

Philada. Co.
Edward Jones, Griffith Griffiths, 1st James Richey,

Abraham Dehaven, Lieut., John Pauling,

Christopher Robbins, William Coats, 2d do., Benjamin Davis,
Roger North,
Peter Knight.

Bucks County,

Alexander Graydon, Mathew Hughes, Lieu*. John Denormandie,

Col0., Col0., Majr.,

Simon Butler, James Meredith, Benjamin Butler,

James Huston, Archibald Finley, William Walker,

Henry Croson, Isaiah Yanzant, Joseph Hart,

Griffith Owen, Thomas Kelly, William Williams,

Alexander Hunter, James Martin, John Miller,

William Craig, George Gray, Thomas Armstrong,

George Hughes, James Bogart, Barnet Yanhorne,

William Ramsey, Hugh Miller. James Adams,
vol. v. — 14.

210

MINUTES OF THE

Captains.

Andrew McDowell;

Col0.
Job Ruston,
William Bell,
Joseph Wilson,
Henry Glassford,
William Boyd,
William Reed,
William Porter,
John Miller,

James Gillaspy,
Gabriel Davis,
Samuel Crawford.

Lieutenants.
Chester County.

John Frew, Lieu1. Col0
Joseph Smith,
Robert McMullen,
James Cochran,
Robert Allison,
John Culbertson,
Thomas Hope,
Robert Macky,
G-eorge Bently.

Lancr. Co.

James Gilcrease,
Robert Ellis,
Willikm Rowland.

Ensigns.

John Miller, Major,
James Dysart,
Rowland Parry,
Joseph Parke,
John Emmit,
John Donald,
Thomas Clarke,
John Smith,
Thomas Brown,

Samuel Jemmison,
Edward Davis, jun.,
Richard M'Donald.

The following Officers were chosen for that part of Lancaster
County which lies between the River Sasquehanna & the Lines of
this Province, viz. :

Benjamin Chambers,

Col0.
Richard O'Cain,
Robert Chambers,
James Carnaghan,
John Chambers,
James Silver,
Charles Morow,
George Brown,
James Woods,
James McTeer,
Mathew Dill,
Benjamin Chambers,
William Maxwell,
Robert Dunning,

Robert Dunning, Lieu1

Col.
William Smith,
Andrew Finla,
James Jack,
Jonathan Holmes,
Tobias Hendricks,
James Dyssart,
John Potter,
John McCormick,
William Trindle,
Andrew Miller,
Charles McGill,
John Winton,
John Mitchel,

.Wm. Maxwell, Maj[.

John Mitchel,
John Lesan,
John Thompson,
Walter Davis,
Joseph Irwin,
John Anderson,
John Randals,
Samuel Fisher,
Moses Star,
George Brenan,
Robert Muk,
James Wilkey,
Adam Hayes.

Neio Castle County,

John Read, Thomas Montgomery,

Henry Colesberry, Peter Jacquet,
Alexander Armstrong, Anthony Golden,
Abel Armstrong, Thomas Ogle,

James Morris, Thomas Philips,

Jacob Vanbebber, David Howell.

The Council having repriev'd William Ward, was pleas' d on his
Inlisting to serve His Majesty as a Soldier in the Garrison of Cape

William Patterson,
William Danford,
David Witherspoon,
James McMechen,
William Armstrong,
Jacob Gooding,

PROVINCIAL COUNCIL. 211

Breton, to grant him a Pardon, which was Sign'd by the President
& four Members & Order' d to be enter'd.

u George the Second by the Grace of God of Great Britain, France,
and Ireland, King, Defender of the Faith, &c, To all Persons
to whom these Presents shall come Greeting :

" Whereas William Ward, late of the City of Philadelphia, in the
County of Philadelphia, within our Province of Pennsylvania, at a
Court of Oyer & Terminer & General Goal Delivery held at Phila-
delphia in and for the said County, the 17th, 18th, & 19th Days of
November last past, has been Indicted, Tried, & Convicted of & for
Felony and Burglary, in breaking & entering in the Night time of
the 28th Day of September last the Mansion House of a certain
Ann Cox, at the Township of Moyamensing in the said County,
with Intent the Goods & Chatties of the said Ann in the House
then being then and there feloniously & burglariously to steal, take,
and bear away • for which he the said William Ward hath received
Sentence accordingly, that he should be hang'd by the Neck till he
be dead, as by the Record of the said Conviction and Judgment
thereon more at large appears. Now Know Ye that We being gra-
ciously pleas'd to extend our Royal Mercy & Compassion to the said
William Ward, have remitted, pardon'd, abolish'd, & released, And
Do by these Presents remit, pardon, abolish, & release, unto the
said William Ward, All that part of the said Sentence before speci-
fied, so that he shall not suffer Death, as by the said Judgment of
the said Court he is Sentenced to suffer; And hereof we command
all our Officers and our Liege Subjects whom it doth or may con-
cern, to have a due regard & observance ; And our Will & Pleasure
is that the said William Ward stand right in our Courts, if any
against him wou'd speak of the Premisses. In Testimony whereof
We have caused the Great Seal of our said Province to be hereunto
affixed. Witness, Anthony Palmer, Esq., President, Thomas Law-
rence, Samuel Hasell, Abraham Taylor, & Robert Strettell, Esqrs.,
in Council Assembled at Philadelphia, the Thirty-first Day of
March in the Year of our Lord One thousand seven hundred &
forty-eight, and in the Twenty-first Year of our Reign.

"ANTHONY PALMER,
"THOMAS LAWRENCE,
"SAMUEL HASELL,
"ABRAHAM TAYLOR,
"ROBERT STRETTELL/'

212 MINUTES OF THE

At a Council held at Philadelphia, 31st March, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., Presid'-
Thomas Lawrence, Samuel Hasell, "1

Abraham Taylor, Robert Strettell, > Esqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approv'd.

The following Letter from Mr. Weiser, sent by Express, was
read :

" Tulpyhockin, March 28th, 1748.
"Sir:

" I let You know by these Lines that our old Friend Shikalamy,
with his Eldest Son, came down from Shamokin at my request; they
arrived this afternoon; I wanted to consult with him about the
Journey to Ohio, and to hear what passes among the Indians on
Sasquehanna River and elsewhere. Shickalamy informs me he had
certain Intelligence that some of the Chiefs of the Six Nations will
be down early this Spring to pay a Yisit to their Brethren in Phila-
delphia, and to transact an affair at Shamokin concerning the Del-
aware Indians and their deceas'd King Olumpies. This was agreed
upon at the Council at Onontago last Fall. Shikalamy had this
account from an Onontager Indian, and also from a Kayucker In-
dian. He further informs me that two of the Indians that were at
Philadelphia last Fall from Ohio, stayed all Winter at Juniata, one
is there still, the other in his way homewards was detained at Sha-
mokin by the high Waters, and lodg'd several Nights at Shikala-
my's House; his Name is Hodeecherich, of whom Shikalamy
Learn'd ' that the Indians on Ohio had not proclaimed War against
the French; that they wou'd do nothing against the French before
the Six Nations had declared War; that they were altogether sub-
ject to the Six Nations; that upon the first Notice they shou'd
receive from the Six Nations they wou'd Act against the French,
& not before ; that it was the Zisagechroanus that had commited
Hostilities against the French, & had desir'd the Indians between
Lake Erie & Ohio to join them ; that the Indians on Ohio sent
them (or their Belt of Wampum) to the Six Nations; that the In-
dians about Ohio were all inclin'd to keep a good Correspondency
with the English and protect their Traders, and that they expect
nothing else but to have a War with the French ; ' so far Hodeeche- I
rich. Shikalamy for his own part tells me ' that he was well as- j
sured the Information of the said Hodeecherich was true, and that !
the Journey to Ohio wou'd avail but little ; that he has no Inclina- I
tion to go, yet if I insisted upon it he wou'd accompany me/ This, j
Sir, is the substance of what Shikalamy told me, and I have
thought fit to send my son with it by Express to Philad3-, & I hope i

I
I

PROVINCIAL COUNCIL. 213

You will lay it before the President & Council, & let my Son be
Dispatch' J with their Result. If the Journey shou'd be delay'd or
given over, What must be said to the Indians by George Croghan ?
His own Cargo is already gone, & he must follow it in a few Days.
I will undertake a ride to George Croghan's, let things go as they
will, before he goes to the Woods ; I reckon he will be greatly dis-
appointed, he having kept about Twenty Horses in readiness to
carry the Goods. I am ready to do whatever the President & Coun-
cil will be pleas'd to signifie to me, and so conclude & remain,
u Your humble Servant,

"CONRAD WEISER.
"To Richard Peters, Esqr., Secretary of Pennsylvania."

Mr. Weiser' s former Letters on this Subject were then call'd for,
and on their being read there appear'd to be an inconsistency between
them and this present Letter; & no light at all being given from
whence to form a Judgment of the Truth, the Members were unani-
mously of opinion that Mr. Weiser & Shickalamy shou'd be sent
for, and thereupon the following Letters were wrote by the Secre-
tary :

" Philada., 31st March, 1748.
" Sir :

" I received Yours of the 28th Instant about Six a'Clock yester-
day in the afternoon, and at ten this morning the Council met, when
I laid it before them, and on considering it they think the contents
thereof are of the highest Importance, & that they cannot come to
any resolves without consulting with You & Shickalamy, and there-
fore desire you will immediately on receipt hereof set out and pre-
vail on Shickalamy to come along with You. It is expected that
neither of You will make any excuses nor the least delay, since not
to come, or not to come forthwith, as the matters under Consider-
ation affect this Province, and indeed all the Indian Nations in a
very sensible manner, would be equally dangerous ; and if I knew
either of You, you will not suffer it to be said that any harm shall
happen to The Public weal thro' Your or either of Your faults.

" Their Honours have further order' d me to write to Mr. Croghan,
if his Affairs cannot possibly admit of his stay till Your return from
Philadelphia, that he may proceed to Ohio; For as the Southern
Provinces have now under their Consideration the Application made
by the Ohio Indians to them in their Treaty with this Government,
& which, at their Instance, was sent with their String of Wampum,
and have not yet, thro' the Severity of the Winter Season, commu-
nicated their final Resolves, This Government is thereby oblig'd to
delay their Messenger with a view of sending the Result of their
Councils & their own together.

" I am, Sir, Your obedient Servant,

"RICHARD PETERS.
" To Conrad Weiser, Esq."

214 MINUTES OF THE

" P. S. — I have left Mr. Croghan's Letter open that You may pe-
ruse it, and that You may in Your Letter to him say what You shall
think necessary, for I am sensible more may be said to him, & it
will come better from You. The Council order You to send Mr.
Croghan's Letter by Express to him immediately on the Receipt of
Your's, for he waits impatiently for the answer of the Council,
especially as two Waggon Loads of Goods are order' d to Thomas
Harris' & there remain till further order."

" Philada., 31st March, 1748.

"Sir:

" I am favour'd with Your Letter which I communicated to the
Members of the Council, and I have their Orders to thank You for
your Care of providing everything in time for the Ohio Journey, &
to inform You that as the Southern Provinces have now under ye Con-
sideration the application made to them by the Ohio Indians at their
Treaty with this Government, and shew favourable Dispositions to-
wards those Indians, but have not, thro' the Severity of the Winter
Season, been able to send their final Resolves, their Honours, for
this & other weighty Considerations, are oblig'd to delay their Mes-
senger, & to send for him to come to them at Philadelphia in order
to consult with him on Indian Affairs, and particularly on an Intel-
ligence they have received by Shickalamy that some of the Chiefs
of the Council at Onondago will come to this City early in the
Spring to transact some business of Consequence. You will be
pleas'd in the best manner to apprize the Indians of the reasons of
this Delay, and if, on seeing the Interpreter & talking with him, his
presence here should be thought necessary in this case, it is not
possible to say what time Mr. Weiser can be expected to arrive at
Ohio, though they hope it will not be long; however, that the In-
dians may not be kept long in suspence, either Mr. Weiser or an
Express will be dispatch'd whenever the answer comes from the
Southern Provinces.

u The Council is sensible You have been at an Expence & that
Your detainment at home must be a considerable inconvenience to
You, and therefore desire You will make a Charge of every thing,
that You may be paid to Your Satisfaction. It will be very agree-
able to them if, as you have staid so long, your Business wou'd per-
mit you to stay a little longer, that Mr. Weiser might go along
with You, in case the Council after conferring with him shou'd be
at Liberty to send him to Ohio. I conclude with repeating the
President's & Council's acknowledgements to You for your Care &
Services in this troublesome Affair, & am,

" Sir, Your humble Servant,

"RICHARD PETERS.
"Mr. George Crogan."

PROVINCIAL COUNCIL. 215

The President having received a Letter from Governor Clinton,
the same was read & order' d to be enter' d :

" New York, March, 1747.
" Sir :

" I would have done myself the pleasure of answering the favour
of Your Letter, which I received by the Gentleman that came hither
to assist Your sollicitation for the loan of some Cannon for the Ser-
vice and Defence of Pennsylvania Province, but that the Gentleman
went away in a hurry • and I am glad I had it in my power to
oblige You and them on that Occasion. As I suppose they are by
this time return'd to Philadelphia, I shall refer you to their Report
how far I have been able to comply with your Request ; & I per-
suade myself, if the Cannon which I have spared get safe to Your
Province, they will contribute greatly to the Defence and Satisfac-
tion of His Majestie's Subjects there, and I heartily wish You Suc-
cess in the use of them till You can be better Supplied elsewhere.
" I am, with great Regard, Sir,

" Your most humble Servant,

" GEORGE CLINTON.

" P. S. — I am inform' d that Don Pedro is upon the Coast with
one or two Vessels, which makes me think the sending the Cannon
by Water will be hazardous, therefore wou'd much rather chuse to
have them sent by Land, as first propos'd.

"The Honourable Anthony Palmer, Esq'*"

At a Council held at Philadelphia 5th April, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ~\

Abraham Taylor, Benjamin Shoemaker, vEsqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The following Letter in answer to Governor Clinton's was Signed
by the President :

" Philada., 5th April, 1748.
"Sir:

" I have the honour to acknowledge the Receipt of Yours by last
Post. The Gentlemen employed to sollicit the Loan of the Cannon
had given in their Report before your obliging favour came to hand,
and had made the Board so sensible of the readiness with which
Your Excellency & the Council acceded to their Application, that I

216 MINUTES OF THE

find it difficult to make their acknowledgements in Terms* that -will
sufficiently express their Gratitude.

" The People of this Province saw themselves in imminent Dan-
ger, and as they had been disappointed in every scheme they had
form'd for the procuring of Cannon, if Your Excellency had not
enter' d with so much zeal into the Consideration of their Calamitous
Circumstances, we shou'd have had reason to dread the Conse-
quences in case of an Attack.

" The Council have these reasons, in common with their fellow-
Citizens, for their grateful sense of Your Excellency's kindness,
but they find even these heightened by the personal Regard You
have been pleas'd to shew to them, & by the obliging manner in
which you have always express'd yourself towards them. This
they desire me to say they will ever remember with the utmost
affection. After baving endeavour' d to do Justice to my fellow-
Counsellors, be pleas'd to believe I am imspir'd with the same
Sentiments & the some Gratitude, & that no one can be with truer
Esteem,

" Your Excellency's most obedient Servant,

" ANTHONY PALMER.
" His Excellency George Clinton, Esqr."

A Letter from the honoble. the Proprietaries was read :

" London, October, 16th, 1747.
" Gentlemen :

u We have received the Duplicate of Your Letter of the 29th of
July, the Original of which was sent by Captain Mesnard, who
was taken, & also duplicate of the Minutes of Council to the 22d
of the same Month, by which we have the satisfaction to see you
have taken the most proper Measures that the Circumstances of the
several Affairs that came before You required, & with a dispatch
that shews your attachment to the Service of your Country. This
is what we expected from the knowledge we had of the former Gen-
tlemen of your Board ; and we are much 'pleas'd with your late wor-
thy Governor's having fill'd up the number of Council with Gen-
tlemen so capable of Assisting the Public Service, & which must
make the attendance less burthensome by increasing the number.

u We are very sensible that the sending Flags of Truce from our
Enemies to a place situated as Philadelphia is, so far within Land,
and at so great a distance from the Country s they came from, when
they might in much less time have gone to other Settlements, must
be chiefly with a view to make themselves Masters of the Naviga-
tion of the Bay in order to come in another manner, & shou'd be
prevented by all methods in your power. The regulations drawn
up by Your Committee are very good ones, and we shall hope to
hear the President will procure the same to be obser'd in the Lower

PROVINCIAL COUNCIL. 217

Government; this we recommend to You to inforce the Execution
of, and to prevent as much as possible any communication between
our People and those with whom we are engaged in War, which
perhaps an Inclination to advantageous Trade may tempt some
People to.

" The daring attack made by the Crew of the Privateer, as well
on the Plantations at Bombay Hook as the Ship in the Bay, are
fully sufficient to increase the uneasiness of the People, & if Acts
of Assembly cou'd put a stop to it they would very soon have those
in their Power, as it can depend on us ; but former Experience
fully shew us, and your own Minute of your conference with the
Members of Assembly as fully confirms, that Your Assembly will
not pass any Act, or be active in any thing tending to Your Defence ;
they may give a little Money, just as they shall see proper, after other
Gentlemen shall have advanced their Money for the Public Service.
What appears to us the only thing that can be done for Your Secu-
rity is to procure a Ship or Sloop to be Station'd at Lewis; this we
shall immediately apply for and sollicit in the strongest manner,
and we hope we shall meet with Success.

" We are well pleased to find by your Minutes that some consid-
erable Nations of Indians on the Lakes are come over to the Eng-
lish Interest, & into confederacy with the Six Nations. We recom-
mend it to you to encourage such Inclinations in them, and as You
have given that You will continue to give the necessary orders for
keeping up a good Correspondence with the several Tribes with
whom we are allied, & who, having ever been faithful to Us, are
justly entitled to our Regard, as well as that in point of Pollicy
their further Friendship may be of great use. We observe Com-
plaints have been made of the injustice of the Indian Traders
towards some of that poor People, and desire You will cause the
most speedy & effectual enquiry to be made into that Business,
that Justice may be done to them, the most exact performance of
which is the only Basis on which a firm Union can be established.

"It is needless for Us to say anything further to a Board so well
acquainted with their Duty ; we have a firm Confidence in your
acting such a part as will be most for the honour & safety of Your
Country; this is all we have to desire, and with which we should
rest satisfied under your administration ; but as You have not the
power of joining with the Assembly to make Laws, you may be
assured if the Affairs of our Family will not one of us to leave
this Country the next Summer, we shall make an apointment that
the Province may not want that most necessary part of Govern-
ment.

" We had some expectation the Governor wou'd have continued
another Year with You, on account of the late melancholly altera-
tion in our Family, but find his state of health would not permit,

218 MINUTES OF THE

or perhaps we might have been more determined in this affair. "We
are,

" Gentlemen, Your very affectionate Friends.

"THO. PENN,
"RICHd. PENN.
" London, Octr* 16, 1747.

" The Honoble the President & Council of the Province of Penn-
sylvania. "

Nicholas Perie & Captain Charles Higginbotham attending the
Council in pursuance of their Order of the 22d of January last, were
called in. Nicholas Perie desir'd that as he was a German & did not
understand the English Language, that he might be permitted to
speak by an Interpreter, & having leave from the Council to do so,
Mr. Christian Grasshold, who is usually employed in this Service by
the Germans, deliver'd in a Paper, & desir'd it might be received as
the Defence of the said Perie • the Paper was read in these words :

"May it please the President & Council:

"I have receiv'd Your Honour's Orders to wait on You this Pay
to answer some Complaints of one Higginbotham, who gives out
that he is to have my Land under a pretence of a Maryland Patent.

"I am one of those Foreigners who Petition' d nine or ten Years
ago against the proceedings of Captain Cresap & this very Higgin-
botham, and His Majesty was pleas'd to make an Order that I, as
well as others who were at that time in possession of the Lands
contested between the Proprietors of Maryland & Pennsylvania,
should remain in possession till the final determination of the Cause
between the said Proprietaries.

" I have been guilty of no breach of the Peace ; I have liv'd within
the Government of Pennsylvania quietly & like a good Subject, and
have paid my Taxes regularly for the Support thereof, & in return
I expect the protection of this Government of Pennsylvania if my
property be attempted to be wrested out of my Hands by violence,
and if You will not grant it to me, I will immediately apply to His
Majesty that he wou'd graciously enforce obedience to his own
Royal Order, and His Majesty on such application will, I doubt
not, let fall the Severity of his Displeasure on any one who will
presume to disturb his Subjects after such terrible harrassments as
they have undergone, and this in opposition to His Gracious Order,
obtain'd after a full hearing of both Proprietaries to quiet us in our
Possessions.

" With all humility I beg Leave to say, that in as much as I
have been in possession before the lloyal Order at the time the
same was made, & ever since, I will not give up possession, neither
at the Instance of Pennsylvania nor Maryland, till there be a final
Settlement between the Proprietaries of Pennsylvania & Maryland,

PROVINCIAL COUNCIL. 219

& this ratified by His Majesty, or at least till I have the joint
Orders of the Proprietaries of Pennsylvania & Maryland served upon
me in a legal manner. I in the humblest manner beg leave to say
the President & Council have no Power, so long as I behave peace-
ably & like a good Subject, to make any Orders respecting the pos-
session & Title of my Land. It is true that I hold this very Land
by a grant from the Proprietors of Pennsylvania, which I have
ready to produce. In all other matters, that only excepted which
respects the Title & Possession of my Land, I owe suit & service to
the Government of Pennsylvania.

" Higginbotham's Patent is nothing to me, he may have Twenty
Patents, but they cannot operate against his Majestie's Royal Order,
since I have been in possession of the Land these twelve Years.

"NICHOLAS PERIE.

"April 5th, 1748."

The Board taking notice of the incivility of the Language, ask'd
Mr. Grasshold if he knew who penn'd the Paper. He said Nicholas
Perie dictated the substance of it first in Dutch, & when that was
Settled he translated it into English ; That neither Perie nor him-
self intended any Incivility, and if there was any thing of this sort
that cou'd give offence, it was owing to his Ignorance of the Eng-
lish Language, & begged it might be seen in that Light, as the
Man had his sole dependence on the Justice of this honourable
Board.

" Mr. Grasshold further for Nicholas Perie offer' d to the Board
another Paper, which he said wou'd shew that Nicholas Perie had
possession of the said Land by a Grant from Proprietor Thomas
Penn in the Year 1736, desiring it might be taken notice of that
the Date of this Grant was prior to Higginbotham's Patent or
Right. This Paper the Secretary read in these words, viz. :

"Pennsylvania ss.

" Whereas, sundry Germans and others formerly seated themselves
by our Leave on Lands Lying on the West side of Sasquehanna
River within our County of Lancaster, & within the bounds of a
Tract of Land Survey'd the Nineteenth and Twentieth Days of
June, Anno Domini, 1722, containing about Seventy thousand
Acres, commonly called the Manor of Springetsbury ;

"And Whereas A Confirmation to the Persons seated on the
same for their several Tracts has hitherto been delayed by reason of
the Claim made to the said Lands by the Indians of the Five Na-
tions, which Claim the said Indians have now effectually released to
Us by their Deed bearing date the Eleventh Day of this Instant,
October ;

" And Whereas Nicholas Perie, one of the Persons living within
the said Manor, hath now applied for a Confirmation of Two hun-
dred Acres, part of the same where he is now Seated ;

220 MINUTES OF THE

"I Do hereby Certify that I will cause a Patent to be drawn to
the said Nicholas Perie for the said Two hundred Acres (if so much
can be there had without prejudice to the other Settlers) on the
common Terms other Lands on the West side of Sasquchanna
River are granted, so soon as the said quantity shall be Survey'd to
him & a return thereof made to me.

"THO. PENN.

"October 30th, 1736."

After this was read, Mr. G-rasshold inform'd the Council that this
very man in the Year 1737 had been arrested by a writ issuing out
of the Supreme Court of Maryland for refusing to hold this Land
under Lord Baltimore; that he pleaded to the Jurisdiction of that
Court; and that on the arrival of His Majestie's Order of Council
for quieting People in their possessions, he was pursuant thereto
Discharg'd on his Recognizance, & that he did not expect to be
troubled a second time, as he was legally Discharg'd for the same
reasons, & as he thinks, at the same time that Cressap was set at
Liberty at Philadelphia by virtue of the said Order.

Charles Higginbotham was then Interrogated as to the fact set
forth in the first Paper, viz., whether he, the said Nicholas Perie,

had been in possession of the Tract of Acres Patented to him,

the said Charles Higginbotham, some Years before the Royal Order,
& had continued in Possession ever since. Captain Higginbotham said,
as to himself he had never been in possession nor any under him,
& that he had never seen the said Land, & that he believed what
the Man had set forth might be true, for before his the said Hig-
ginbotham's, Patent issued, he remembers this Nicholas Perie was
arrested on the said Tract & carried to Annapolis Jayl for refusing
to hold under any Lord Baltimore, tho' his Land was Survey' d by
a Maryland Warrant j & to this Point he clesir'd that as Coll0, White,
now living in Philadelphia, was the then Surveyor in Baltimore
County, he might be examin'd. Mr. Higginbotham had leave to go
for Coll0, White, but not finding him at home, & shewing an Incli-
nation that he might be examin'd, the Board indulg'd him till ten
a' Clock to-morrow morning.

At a Council held at Philada., 6th April, 1748.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Samuel Hasell, Abraham Taylor, ~)

Robert Strettell, Joseph Turner,' I Esqrs.

Thomas Hopkinson, William Logan, j

The Minutes of the preceding Council were read and approv'd.

Captain Higginbotham with Coll0, White and Nicholas Perie, with

PROVINCIAL COUNCIL. 221

the Interpreter Mr. Grasshold, attending without were call'd in, &
the Secretary having read that part of the Minutes of yesterday
which contained Captain Higginbotham's reply to Perie's Paper,
Coll0- White was interogated as to what he knew of the Survey or
Possession of the Land included in Captain Higginbotham's Patent.
He said he was Surveyor of Baltimore County in Maryland, & he
or his Deputy had Survey'd Lands in that County, and that at the
Instance of some Germans who had obtain'd Warrants from the
Land Office at Annapolis, he or his Deputy had Survey'd Sundry
Tracts for them in the upper Part of that County; that this Man,
for ought he knew, might be one of those Grermans, but he did not
remember ever to have seen him; that those Germans, after the
Survey of their Lands by Warrants from Lord Baltimore's Com-
missioner of Property, refus'd to pay for them, being as they pre-
tended within the Province of Pennsylvania, upon which Lord
Baltimore afterwards gave him directions to return the Surveys of
these Lands to any Person that wou'd apply for them; & that
Captain Higginbotham's applying, he believes he might return the
Survey of this Land to the Maryland Land Office for his use, &
thereupon the Patent produc'd might issue; but he knows nothing
in particular about this Tract or the possession thereof.

The Board directed the Secretary to search the Papers in his
Office and to report the proceedings of the Supreme Court of this
Government on the Receipt of His Majestie's Order, & whether
there be any Copies of the proceedings of the Suprasme Court of
Maryland, from which it might appear that Nicholas Perie was dis-
charge in the manner he has set forth.

At a Council held at Philadelphia, 11th April, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, "]

William Till, Abraham Taylor, ! -^

Benjamin Shoemaker, Joseph Turner, [ " "'

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The following Letter which the President received from Sr- Wil-
liam Gooch, in answer to the Council's Letter of the 25th January
last, was read.

" Williamsburg, March 7th, 1748.
"Sir:

" Your Packet of the 25th *f January I did not receive till the
date hereof, or You shou'd have heard sooner of the unhappy Cir-
cumstances of this Colony on account of the Small Pox, which has

222 MINUTES OF THE

made the Calling an Assembly impracticable, we Laving no otter
place in the Government for us to meet at but this Town, where
that Distemper has so lately prevail'd, and not yet quite finis'd its
Course. However, Sir, I must acknowledge the Request You make
is so just & equitable, considering the Share we shall have in the
advantage of fixing the Ohio Indians steadfast in the British In-
terest, that the ]0th of next Month, when I expect the Gentlemen
of the Council in Town, I shall recommend the contents of Your
Letter to them, & am satisfied they will readily agree to send Your
Honour something to encrease Your Presents. I trust this will not
be too late ; what may be resolved on it is impossible for me to
foresee, as You have not given any Intimation concerning the Sum
You hop'd for from us, which if you think proper to advertise me
of, I shall do my endeavour that you may not be disappointed in so
laudable an undertaking.

"I am, with perfect Esteem,

" Sir, Your most obedt. hum. Servant,

"WILLIAM GOOCH.

"The Honoble. Anthony Palmer, Esqi*."

Mr. Weiser, with Shikalamy & his Son attending, they were
call'd in, & Shikalamy related to the Board that an Indian, a Mem-
cer of the Council of the Six Nations at Onondago, was sent to him
with a Message from the Council to inform him that they were
come to a Resolution of sending some of their old Men to Phila-
delphia to treat about some Business of Consequence, & particularly
about the appointment of a proper Person to succeed Olomipas the
King of the Delaware Indians, lately deceas'd at Shamokin ; he
said further : The Speaker of the Ohio Indians had staid all Win-
ter with the Nanticoke Indians at their Town, Situate at the mouth
of Juniata, and in his return home had call'd at Shamokin, &
during his stay there he & his Son had several free Conversations
with him about the Concerns of the Indians at Ohio & about Lake
Erie, in which he told them that those Indians had not taken up
the Hatchet, nor wou'd not do it without consulting with the Six
Nations, to which they belong'd; a particular Tribe of Indians,
call'd , had indeed began Hostilities, but none of these In-
dians had join'd with them nor wou'd do it till the Sentiments of the
Council at Onondago shou'd be fully known j that knowing these
particulars he thought them of so much consequence, considering
what was done at Philadelphia with regard to these Indians, as to
come & impart them to Conrad Weiser, & that he was clearly of
opinion that Mr. Weiser' s presence wou'd be requisite when the
Onondago Deputies shou'd come to Town, & that if it should be
thought proper to delay the Interpreter's Journey for this purpose,
he belicv'd no harm cou'd possibly ensue, as those Indians were not
at War & were determin'd to govern themselves by the advice of
the Six Nations.

PROVINCIAL COUNCIL. 223

On this Information, & considering the good Dispositions of the
Governors of Virginia & Maryland, the Council determin'd not to
send Mr. Weiser to Ohio till after the arrival of the Onondago
Deputys, since they wou'd then be furnish'd with an opportunity
of making full Enquiry of all particulars relating to these Indians;
& the President was desir'd to answer Mr. Ogle & Mr. Gooch's
Letters on this Subject, & to frame his Letters agreeable to the Re-
solve of the Council.

The Secretary was order'd to give 12 Pieces of Eight to Shicka-
lamy & 8 to his Son.

At a Council held at Philadelphia, 12th April, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

Esqrs.

William Till, Abraham Taylor,

Robert Strettell, Joseph Turner,

Thomas Hopkinson,

The Minutes of the preceding Council were read & approv'd.

The City Regiment of Associators having been review'd by the
President & Council, the President expressed great Satisfaction
to see so large a number of the Inhabitants under Arms ; and
as none can doubt of their Zeal & readiness to do their utmost for
the preservation of the City & Province, he hop'd the minds of the
People wou'd now be pacified as having a more solid Security
against an Enemy than had been known in times past.

At a Council held at Philadelphia, 13th April, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr. President.
Thomas Lawrence, Samuel Hasell, ~\

William Till, Joseph Turner, y Esqrs.

Thomas Hopkinson, )

The Minutes of the preceding Council were read & approv'd-
The President having wrote his Letters to the Governors of Vir-
ginia & Maryland, the same were read, as was likewise the Presi-
dent's Letter to Mr. Ogle, in answer to his of the 3d of December
last, about Captain Higginbotham.

"Philada., 12th April, 1848.
" Sr : *

" I postpon'd answering your kind favours of the Twenty-fifth

224 MINUTES OF THE

February & 28th of March, till I should hear from the Governor of
Virginia, and as his Letter did not arrive till Saturday last I em-
brace this first opportunity of making You my acknowledgements
for the Care You was pleas'd to take in forwarding my Packet, &
taking the trouble to write to him on the Subject. Sr- William is
entirely of the same Sentiment with You & Your Council that every
thing shou'd be done to preserve the Indians about Ohio our hearty
Friends, & promises to do all in his power to induce his Assembly
to join in the Present.

" The Death of the Messenger might have prov'd an heavy mis-
fortune had Your Assembly & that of Virginia been sitting, but as
both Houses were in their recess & are to sit again pretty near the
same time, the Delay was not of any Consequence.

u Our Council, indeed, on my laying before them Your first Let-
ter, imagin'd this accident wou'd render it impracticable to receive
answers time enough to fulfill the Engagement they had laid them-
selves under in their Treaty with those Indians, & therefore came
to a Resolution of dispatching Mr. Weiser with a Present of the
value of One thousand Pounds, so as to be at Ohio within the time
concluded upon at his parting with Scaiohady in his return home ;
But when I imparted to them Yours & the Governor of Virginia's
Letter they alter' d their mind, and on consulting with Mr. Weiser,
who happen'd fortunately to be in Town the Day Sr* William
Gooch's Letter came to my Hand, they were contented to send a
Message to the Indians to inform them that the Interpreter was
prevented by some unforeseen Public Business from coming to
them so early as he had given them reason to expect, but that he
should hasten up to them as soon as this Business shou'd be finish'd,
which was hop'd wou'd be about the middle of Summer.

" How they will even take this Delay I cannot say ; they are in
extreme want, & by all Informations very numerous ; the French
leave nothing unattempted to seduce them from the English Interest;
there are some small French Forts a little to the West of these In-
dians j but whether there are any & what quantity of Powder &
Goods in them to give to the Indians I cannot learn ; perhaps they
have none or not much, and in this case those poor Indians may be
necessitated, if they do not receive Supplys soon; to fall upon the
Provinces that are nearest to them to get wherewith to subsist.

" They receive no part of the Presents that are annually made to
the Six Nations by the Governments of New York & Boston; these
are all cngross'd by the Mohocks and the Nations to the Eastward
of Ohio, so that there is the greater reason why the Southren Pro-
vinces shou'd take care of them, as they live upon their Borders &
can by their Situation be an effectual Barrier against the French.

il Sr- William Gooch by his manner of writing seems to be of
opinion that Virginia will not send Commissioners, but chuse to
make an addition to the Present to be sent by Mr. Weiser from

!

PROVINCIAL COUNCIL. 225

foeace, & says lie wou'd be glad I had told him what Sum was ex-
pected. But this I have not presumed to do any otherwise than by
relating the Circumstances of these Indians, and that not so much
for his Information as for the satisfaction such Relation may give
to the Assembly, & indeed this is the reason why I have wrote so
long a Letter to You, who know these .matters much better than I
do. I am with perfect Esteem & Regard,

tl Sir, Your most obedient humble Servant,

"ANTHONY PALMER,
« Gov* Ogle."

A Letter of the same Te&or with the above was sent to Sr" Wil-
liam Groock,

* Philaba., April 11th, 1748.
wfiBr:

u Captain Higginbotham's Affair has been heard by the Coun-
cil with all the Regard due to a Person under jour recommenda-
tion,

11 It appear' d that he had never seen the Land, and that neither
he nor any under him had ever been possess' d of it, but on the
contrary that Perie, the Person complained of, was in possession
before and at the time of His Majestie's Order for quieting the
Borders of the Provinces, which possession has continued in him
ever since.

" Some Facts decisive in the opinion of our Council if true, &
which perhaps have mot come to Your knowledge, were insisted on
by Perie. That before the Royal Order he was arrested by process
from Your Provincial Court for a suppos'd Trespass conimited on
this Land; That he was imprison' d at Annapolis several Days, & for
kis Release oblig'd to give Bail to abide the Judgment of the Court;
That the Suit was continued against him until the Royal Order was
made, by virtue of which the Provincial Court finally discharg'd
him. The truth of these matters will best appear by Your Records.
But on the whole were unanimously of opinion that His Majesty's
Order absolutely restrain' d them from dispossessing Perie of the Land
he enjoy'd at the time the Order was made.

" I am sincerely sorry to hear by Captain Higginbothani that
| You were indisposed, & most heartily wish You a speedy Recoverj
i of Your Health, being with true Esteem & Regard,

44 Sir, Your most obedient Servant,

"ANTHONY PALMER,

jjif Govr- Ogle."

VOL. V. — 15,

226 MINUTES OF THE

A Petition from the Pilots using the Bay & River of Delaware
was read in these words, viz :

" To the Honourable ANTHONY PALMER, Esqr., PresicV' of the
Government of the Counties of New Castle, Kentr & Sussex, on
Delaware^ &■ Province of Pennsylvania 7

u The humble Petition of the Pilots, Inhabitants of the County of
Sussex; on Delaware.

" Whereas, Your Petitioners, as well pursuant to an Act of Gene-
ral Assembly of this Government as Your Honour's late Proclama-
tion, are prohibited going on board any inward bound Vessel in the
Bay & River Delaware, which said Act & Proclamation your Peti-
tioners are fully convinced are justly Calculated for the safety of
this Government^ and therefore willing to pay all due obedience,

" And whereas, The Pilots that dwell in the Government of New
Jersey (from a false Representation of Your Petitioners having
Lycence to Cruise for Vessels & go on board the same as Pilots) are
not restrained by any Law of that Government, but, as Your Peti-
tioners are informed, have leave to Cruize and go on board Vessels*
as Pilots, & daily do the* same within the Bay & River aforesaid,
which in its Consequence may prove prejudicial to this Government,
and likewise prevent Your Petitioners acquiring a Competent Sup-
port for their Familys, for Your Honour may be assur'd that no in-
ward bound Vessel will call at Lewes for a Pilot when any other
may be had Cruizing off.

" Your Petitioners therefore humbly entreat jour Honour's In-
terest & Friendship with the Governor of the Jersey for restraining:
the Pilots of that Government in such manner & by such measures.'
as may be thought most expedient,, not only for the safety of this
Government but that Your Petitioners may have an Equal Chance
for their Livelyhood in their proper Employments; And Your Peti-
tioners shall ever pray.

"W^FiKLP,
"LUKE SHIELD,
" SAMUEL ROWLAND,
" SAMUEL ROWLAND, Jun„
m wM ROWLAND,
"SIMON EDWARDS.
"JOHN BAILY, %
"JOHN MAUL,
"JOHN ADAMS.'y
On Consideration whereof, and of the Danger that might accrue
to the Province & Counties if any Pilots shou'd be permitted to
abuse their Trust in so shameful manner, the following Proclama-
tion was agreed to,; & the Secretary was order' d to engross it to be

PROVINCIAL COUNCIL. 227

sign'd by the President, & to prepare a Warrant for affixing the
Great Seal to it, & to take care to have it published the next Market
Day with all the usual Solemnity :

" By the Honourable the President & Council of the Province of
Pennsylvania.

"A PROCLAMATION.

" Whereas, divers Insults, Captures, & Depredations were made
& committed by our Enemies the last Summer in and near the
Bay & River of Delaware, several Vessels taken, Plantations plun-
der'd, and the Goods, Negroes, and effects of the Inhabitants carried
off, all which was the more easily effected by means of some Pilot
Boats using the Bay & River aforesaid, which the Enemy by pre-
tending to be friends had got possession of. To the end, therefore,
that no means in our Power may be wanting for the preventing
the like Insults, Captures, & Depredations for the future, and for
the Security as well of the Inhabitants on both sides of the Bay &
River of Delaware as of the City of Philadelphia and the Trade
thereof, in this time of common Danger, We have thought fit to
issue this our Proclamation, strictly enjoining & commanding all
Pilots whatsoever using the Bay or River of Delaware, and all other
Persons taking charge of any Ship or Vessel in or near the said Bay
or River, that from & after the Tenth Day of April to the Twenty-
fifth Day of September in every Year during the Continuance of the
Present War between Great Britain & France & Spain, or either of
them, they do not presume on any pretence whatsoever to go on
board any inward bound Vessel until the Commander thereof or
some of the Mariners or People have first come on Shore, to the end
that it may the more certainly be known whether such Vessel be-
longs to British Subjects or not, as they shall answer the contrary
j at their highest peril; And for the Discovery of Delinquents due
|j Care will be taken & strict enquiry made of all Commanders of
! Ships, Mariners, & others, by the proper Officers to be appointed
for that purpose.

u Given at Philadelphia, under the Great Seal of the said Province,

the Eleventh Day of April, in the Twenty -first Year of the Reign

of our Sovereign Lord, George the Second, by the Grace of God

\ of Great Britain, France, & Ireland, King, Defender of the Faith,

&ca-> Annoqz Domini, 1748.

"ANTHONY PALMER,

" By Order of the Honourable the President & Council,

" Richard Peters, Secry.
" GOD SAVE THE KING.'7

It being thought necessary that proper Measures should be taken
as soon as possible for procuring Intelligence in case of an Enemy's

228 MINUTES OF THE

appearing in the Bay and River Delaware, to the end the Military
preparations now made in this Government may be used to the best
advantage, Mr. Taylor & Mr. Hopkinson are appointed to consider
of the best Method of making Alarms in order to be laid before the
Board for their Consideration.

At a Council held at Philada. 9th May, 1748.

PRESENT :

The Honourable ANTHONY PALMER, Esqr., President.
Samuel Hasell, William Till, ")

Abraham Taylor, Robert Strettell, > Esqrs.

Thomas Hopkinson, J

The Minutes of the preceding Council were read & approved.

The Assembly being to meet on the 16th, Mr. Till, Mr. Taylor,
& Mr. Hopkinson are appointed a Committee to consider their last
Messages, & from thence & the Business transacted since at this
Board, to prepare a Message to be sent to the House at their
Meeting.

Certain advice being brought by several Vessels from the West
Indies, that His Majesty's Fleet under the Command of Admiral
Knowles had taken Port Louis, dismantled the Fort, & carried the
Cannon to Jamaica, the President was desir'd to request of Gover-
nor Trelawney the Loan of some Cannon for the use of His Ma-
jestie's Subjects in this Province.

The Presid1, having receiv'd a Letter from P. Hopson, Esqr-r
Commandr,-in-Chief at Cape Breton, dated at Louisbourg 18th
April last, in answer to his of 5th March last, the same was read.

At a Council held at Philada. 14th May, 1748.

PRESENT :

The Honourable ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ~]

William Till, Abraham Taylor, V Esqrs.

Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

A Letter from the Proprietor by the Post was read :

" London, October 29th, 1748.
" Gentlemen :

" Since I wrote You jointly with my Brother, I have waited on
the Duke of Bedford, & acquainted him of the insolent behaviour of

PROVINCIAL COUNCIL. 229

the Enemy's Privateers, desiring we might have a Ship station'd in
our Bay, as the only means of preventing such attacks for the
future j the .Duke received my application as I cou'd wish, saw the
necessity there was to grant my Request, and promis'd me his
assistance at the Board when I shou'd present a memorial, which I
did this Bay, & their Lordships assur'd me that soon after Christ-
mass they would order a Ship for this Service, which would be there
as soon as the Season of the Year permitted, for that the Winter
wou'd come so soon upon us as to render it unsafe for a Ship now
sent to come upon your Coast.

" You may be assur'd I will watch this Business with great atten-
tion, & not suffer their Lordships to forget it, as I think it necessary
for Your Security. This I write at random, but was willing to give
You the earliest Notice, as it may make the People more easy.
" I am, Gent"-' Your very affectionate Friend,

"THO. PENN.
" The Presid'- & Council of Pennsylvania."

The Committee appointed to prepare a Message to the Assembly
delivered in their Draught, which was read, & the Consideration
thereof postpon'd to the next Council, that the Sentiments of the
whole Board might be taken thereon.

The Indian deliver' d a Letter from Mr. Weiser,

setting forth that James Denny had taken from him Horses &
Skins to a considerable value, & that if some satisfaction was not
made to the Indian by the Publick, it might be of mischevious con-
sequence.

The Board having examin'd into the Circumstances of this
Affair, agreed to lay his Case before the Assembly, & to recommend
it to them to make him satisfaction.

At a Council held at Philada., May 17th, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ")

William Till, Robert Strettell, I E

Joseph Turner, Thomas Hopkinson, ( ^

William Logan, J

The Minutes of the preceding Council were read & approv'd.

The following Message to the Assembly being settled & agreed
to, the same was order'd to be transcrib'd fair & deliver'd by the
Secretary to the House at their Meeting in the Afternoon.

230 MINUTES OF THE

A Message from the President & Council to ilie Assemhly .
ei Gentlemen :

" Since You were pleas'd in Your Message of the 9th January
last to express Your approbation as well of the Present then made
to the Indians as of the engagement enter'd into at the Treaty of send-
ing our Interpreter with a larger Supply in the Spring, We accord-
ingly provided a suitable quantity of Indian Goods for that purpose ;
but observing the Indians address'd themselves to the English in
general, & considering that the Burthen of So large a Present as
wou'd be necessary to preserve their Friendship, ought not to be
born by this Government only, We dispatched Letters to the Gov-
ernors of Virginia & Maryland, acquainting them with the late
Treaty, representing the Importance of the Friendship of those
Indians to their Governments as well as ours, and in treating them
to recommend it to their respective Assemblies to act in Concert
with us on this occasion. As the Resolutions of those Govern-
ments cannot be known til the Meeting of their Assemblies, when
this affair will be laid before them, and we have receiv'd advice
that the Six Nations intend to send some of their Chiefs early this
Summer to transact some business of Consequence with Us, on
which occasion our Interpreter's presence will be absolutely neces-
sary, We have come to a resolution to defer sending him with the
Goods to the Ohio Indians for the present, & have dispatch' d a
Messenger to acquaint them with the reasons of this delay, & to
assure them that our Interpreter will set out with the Goods as
soon as the Business with the Six Nations is compleated. The
Letters which have pass'd between Us & the Southren Govern-
ments, together with the Instructions intended to be given to the
Interpreter for his Conduct in treating with the Indians on his
arrival at Ohio, we have ordered our Secretary to lay before you,
as also an account of the Goods we have purchased for the intended
Present, amounting to about £1,000, which with the Charge of
Carriage and the necessary Expences of the Interpreter & his Com-
pany, You will provide for, so that the Merchants may be paid as
soon as possible, the Goods having been purchased at ready Money
Prices.

" We have long under Consideration the mischevious Practice of
carrying Bum among the Indians, &, have issued a Proclamation,
drawn in as strong Terms as the nature of the Case would admit,
to prevent it; but as the Laws provided in those Cases are very de-
fective, we cannot expect the abuses & Iregularitics committed by
those who pass under the Name of Indian Traders will be prevented
until those Laws be amended. We, therefore, earnestly recommend
it to Your House to take the State of the Indian Trade into Con-
sideration, and to prepare a Bill for limiting the number of Indian
Traders, and the putting them under proper Regulations, so that it
may be passed into a Law on the Governor's arrival.

PROVINCIAL COUNCIL. 231

u Great Inconveniences caving arisen by the Imprudence of Pilots
going on board Vessels at the Capes before they knew whether they
were Friends or Enemies ; proper care has been taken to prevent
those of this Government & the Lower Counties from entering on
ho&rd any Ships or Vessels without Lycence from the Magistrates, *
and this Board was in hopes the Government of the Jerseys would
have Laid their Pilots under the like Restrictions j but since that has
not been done, we have caused a Proclamation to issue prohibiting
Pilots from going on board any inward Bound Vessel until the Com-
mander or some of «the Mariners have first come on Shore, & it be
known whether such Vessel belong to British Subjects.

" This Province, which very lately was in a defenceless State is
now, thro' the zeal & activity of some who have the Love of their
Country sincerely at heart, render' d capable, with the blessing of
God, of defending itselfe against the Designs of our Enemies, many
Thousands of the Inhabitants having voluntarily enter'-d into the
most .Solemn Engagements for that purpose, in consequence whereof
Arms have been provided, & every one appears assidious in quali-
fying himself for the defence of his Country. We see with the
greatest Satisfaction such Order & Regularity observed among
them, and such a progress made in so Short a time in Military
Skill as far exceeds our expectations. They have, likewise, at a
considerable expence erected Batterys on the River, so situated &
of such strength & weight of Metal as to render it very dangerous
for an Enemy to attempt the bringing any Ships before the City.
Designs so commendable^ & at the same time so necessary, could
mot fail of the approbation & Encouragement of this Board. We
have, therefore, granted Commissions to such General & other Offi-
cers as have from time to time -been presented to us for that pur-
pose by the Associators. Since these Measures tend so manifestly,
under God, to the Security of this Province, the preservation of
its Metropolis, & the protection of the Aged & Helpless from the
Calamities which would attend an Invasion, We think they justly
'deserve the Encouragement & Assistance of Your House.

" In December last the Common Council & Merchants of this
City taking into Consideration the many losses that had been sus-
tain'd k the melancholy State to which our Trade was lik'd to be
redue'd, have in seperate Petitions address'd the Lords of the Ad-
miralty for a Man of War, at the same time desiring the Proprie-
taries to give them their utmost assistance ; to which we have not
only added Representations & Addresses from this Board, but have
likewise applied to almost all the Governors & Commanders in
America from whom there was -any probability of being furnished
with Cannon or Ships of War. We are glad to say these Applica-
tions have not been altogether unsuccessful. Gratitude calls upon
Us to acknowledge We are under to the Government of New York
for a supply of Battering- Cannon^ and to our worthy Proprietaries,

282 MINUTES OF THE

from whose Interest & earnest Solicitations at the Admiralty Boar!
We have good reason to expect that a Man-of-War is order'd for
the Security of our Trade; hereby the sinking Spirits of the Mer-
chants & Tradesmen will he revived, the produce of our Country
he exported at less Risque & the price of it thereby kept up, to the-
Encouragement of the Farmers.

"The French & Spanish Prisoners now in town will require-
some Provision to be made for them during their stay here, which
"We shall endeavour to make as short as possible.

"ANTHONY PALMER.

" May 17th, 1748/'

A Message from the Assembly by two of their Members, that
the House met last Night according to adjournment, & desir7d to*
know if the Council had any Business to lay before them. The
President said there were divers Matters under the Consideration
of the Council, which wou'd be communicated to then* by a Mess-
age in the Afternoon.

The Secretary was ordered to lay Mr. Weise/s Letter, relating

to the Complaint of the Indian , before the House, and

to recommend it to them to male him Satisfaction.

One of the Members saying that the Rieha, Captain Burke7
would sail to-Day for London, the Board thought there wou'd not
be sufficient time to draw up a proper State of the Business done
by them to be sent to the Proprietaries by this Conveyance for this
reason, & as it was not known what the Assembly wou;d do in the-
se veral matters before them, it was agreed not to write by this
Conveyance, but to direct the Secretary to make their Complement
& to acknowledge the Receipt of their favours to them, which wou'd
be fully answer' d as soon as the Assembly shou7d come to Deter-
mine as to the present Business kid before them.

A Letter from Governor Trelawny was read, desiring the Coun-
tenance of this Board for Lieut. Wiseheart, sent to recruit in North
America for the Jamaica Regiment j whereupon Leave was giver*
Mm to beat up for Vohua tiers in any part of this Province.

At a Council held at Philadelphia, the 20th May, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence; Samuel Hasell, 1

William Till, Abraham Taylor, •

J- Esqrs",

Robert Strettell, Joseph Turner,

Thomas Hopkinson, William Logan, j

The Minutes of the preceding Council were read & approv'd

PROVINCIAL COUNCIL. 233

An Express arriving from New Castle with a Letter from Mr.
Ross, inclosing a Deposition made by Pyramus Green, who had been
taken off the Capes of Delaware by a French Privateer, the late
Clinton Privateer -of New York, the Council was call'd & the Depo-
sition read in these words :

" New Castle County, ss.

"Pyramus Green of the City of Philadelphia, Mariner, being
Sworn on the holy Evangelists of Almighty God, Deposeth & saith
that on Saturday morning last, the fourteenth Day of this Instant,
April, this Deponent left Cape Henlopen in a small Schooner
called the Phenix, bound to Bermudas, laden with Bread & Indian
Corn; that on Sunday morning after this Deponent was chas'd by
a Sloop about thirty leagues South-East of Cape Henlopen, and
about eleven of the clock in the same morning was taken by the
Sloop, which prov'd to be a French Privateer (late the Privateer
Sloop Clinton of New York), mounting fourteen Carriage & sixteen
Swivel Guns, with One hundred & seventy -five Men on board; that
after being so taken the Captain of the said Sloop order' d ten of his
Men on board the said Schooner Phenix, & divers Muskets or fire
Arms, with Blunderbusses & Amunition, were put on board the
said Schooner, & four Persons belonging to the said Schooner were
taken on board the Privateer, & all Bread on board the Schooner
was also taken on board the Privateer & the Indian Corn thrown
over Board, this Deponent being left on board the Schooner; that
after the Schooner was thus mann'd & Arm'd with French Men as
aforesaid, the Commander of the said Privateer gave orders to them
to proceed with all dispatch to the Capes of Delaware; that about
four a' Clock in the afternoon on Monday last they made the Cape
of Delaware, & observ'd a Brigantine & Sloop standing in under
Sail; the Brigantine went into the Road & came to an Anchor, the
Sloop proceeded up the Bay; That the said Schooner stood into the
Boad after the Brigantine, & about nine a' Clock at Night came to
an Anchor a small distance above the Brigantine; about 12 a' Clock
they weighed & boarded the said Brigantine, all of them except
one French Man, who now is Prisoner with this Deponent; that
upon their boarding the Brigantine as aforesaid, they neglected to
make fast the said Schooner to the said Brigantine, whereupon she
the said Schooner floated off, which this Deponent observing, he
this Deponent re-possessed himself of his said Schooner, hoisted his
Sails & proceeded over to Cape May & there hired one Man & got
a Passenger to come with this Deponent to Philadelphia; that this
Deponent met with one English Prisoner on board the Privateer,
who inform' d this Deponent there were two other Privateers,
Consorts with the Sloop aforesaid, to wit, one Brigantine & one
Sloop; and this Deponent verily believes by this time the Pri-
vateer that took this Deponent is at the Capes of Delaware in

234 MINUTES OF THE

Quest of & Search after this Deponent's Schooner, & further saith
not.

"PYRAMUS GREEN.

"Sworn at New Castle the 18th May, 1748, before

"Jno. Finney, David Bush, James Armitage, Wm. Pat-
terson. "

The Board was unanimously of opinion this Deposition should be
immediately laid before the Assembly, & as frOm many advices that
might be depended on there was reason to expect more of the Ene-
mie's Privateers, they agreed to send a pressing Message to the
House along with the Deposition, & the following one being drawn
& agreed to, the same was transcrib'd & sent to the Assembly by
the Secretary.

A Message from the President & Council to the Assembly.
"Grentlemen :

"We have just receiv'd advice from New Castle that there is
a French Privateer upon our Coast, mounting fourteen Carriage
& sixteen Swivel Guns and 175 Men on board, with two other Pri-
vateers in Consort ; and by the Deposition which the Secretary will
lay before You, it appears that on Sunday morning last they had
taken a Schooner bound from this Port to Bermuda, on board of
which they had put part of their Men with Arms, and Orders to
proceed to the Capes of Delaware where the Schooner arrived, and
on Monday Evening took in our Bay a Brigantine with a very valua-
ble Cargo on board, bound to this Port. One of these privateers
is the same that came into our Bay last Summer and there took
several inward & outward bound Ships of very great value. The
apprehensions of this Board that the Success our Enemies then met
with without opposition wou'd be an Encouragement to further At-
tempts, appears by the present Event to be well founded; & if some
speedy & effectual Measures for putting a Stop to these Depreda-
tions are not soon taken, there will be just reason to fear worse
Consequences. Private Subscriptions, if they cou'd be procur'd,
wou'd be insufficient for the preservation of the Trade of this Pro-
vince, & are an unreasonable as well as a grevious Burthen on a
few in a case where all are concern'd. It is from your House only
that the Merchants & Traders expect Protection, and if that be now
refus'd or proper Measures neglected to disperse the Enemy, our
Port must continue block'd up, our inward bound Vessels inevitably
lost, & a total stagnation of Trade must follow, which will certainly
bring Poverty & Ruin upon many of our Inhabitants. We there-
fore most earnestly recommend it to You as you have the sole dis-
posal of the Publick Money, that you would employ some part of
it for the Service of the Publick in the Protection of their Trade.

"ANTHONY PALMER.
♦ "May 19tb; 1748."

PROVINCIAL COUNCIL. 235

At a Council held at Philada. the 21st May, 1748.

PRESENT :

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, William Till, "]

Esqrs.

Abraham Taylor, Robert Strettell

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson, William Logan,

The Minutes of the preceding Council were read & approv'd.

Mr. Burge, owner of two Bermudian Sloops bound for Jamaica,
nttde a proposal to the Council that he wou'd carry all the French
Prisoners to Leogan«e if the G-overnment would lay in their Pro-
visions.

Mr. Taylor & Mr. Turner are appointed a Committee to treat
with him about it.

A Message from the Assembly by two of their Members, in these

words : *

" May it please the President & Council :

" By our Message to which you are pleased to refer in Yours of
the 17th Instant, We expressed our approbation as well of the Pre-
sent then made to the Indians as of the Engagement You had
enter' d into at the Treaty of sending our Interpreter with a larger
Supply in the Spring, And to enable You to discharge these En-
gagements we caused our Order to be drawn at our last Sitting on
the Treasurer for the Payment of Five hundred Pounds, which
with what was remaining of the Money formerly given for the like
purposes we thought, and yet think, might be sufficient for our
part of the Present to be made to the Indians at this time, espe-
cially since, as You very justly observe, ' the burthen ought not to
be borne by this Goverment only.' From the Letters You are
pleas' d to direct to be laid before us we further observe that the
Governors of Virginia & Maryland shew a willingness to promote
the giving of additional Presents on behalf of their Governments,
and if our Proprietaries, whose Interests are very nearly concerned
and will be much augmented by cultivating a good understanding
with those Indians on our Borders, would be pleased, as formerly
they have done, to join their Presents with ours (which We are
humbly of opinion they ought to do), the whole would make a very
handsome Present, and all that we think is necessary without any
further Provision than what is already made. However, as we know
the time is critical, we are willing to. do all we judge reasonable on
this occasion, and shall therefore make the necessary Provision to
pay for the Goods, which by the Accounts exhibited to Us appear
to be already purchased, together with the usual Charges allowed
for transporting them.

236 MINUTES OF THE

u We agree in Sentiments with You that the Practice of Selling
Rum among the Indians is mischevious, and therefore think it was
prudently done to issue the Proclamation you are pleas'd to mention,
to prevent as much as might be the like ill Practices for the future.
This mischeif we conceive is occasion'd rather by the difficulty of
putting the Laws already made in Execution, than any Defects in
those Laws j however, we shall at a proper time resume the Con-
sideration of these Laws, & shall chearfully consent to any amend-
ments which shall appear to us reasonable or necessary.

" The Care you have been pleas'd to take for preventing the Incon-
veniences which may arise by the Imprudence of Pilots, was well
judg'd. On the arrival of our Governor we think it will be neces-
sary to provide Acts of Assembly, both here & in the three
Lower Counties, for this purpose, And the Example we doubt not
will be follow'd by the Government of New Jersey ; the not having
any Laws respecting Pilots amongst us being, as we are inform'd,
the only reason which prevented an Act for like purposes from
passing among them.

" As to that part of your Message which respects the Association
lately enter' d into and the preperations made for the defence of
the Province, it is difficult for Us to express our Sentiments j the
most of Us as well as many others within this Province, you know
have professed ourselves principled against the bearing of Arms ;
and yet as we enjoy the liberties of our own Consciences, we think
it becomes us to leave others in the free exercise of their's. The
Assistance you have thought fit to give the Associators we make
no doubt arose from a sense of what You belie v'd Your Duty,
And the Zeal & activity many of them have shewn on the occasion,
we suppose may have arisen from the Love they bear to their
Country. And as We are willing to make Charitable construc-
tions on their Conduct, we hope the like Charitable Sentiments will
prevail with them concerning Us & others like Principled, when we
have repeatedly declared we cannot in Conscience join with any
preparation of this kind.

" As We have the honor of representing the whole Province, in
which we know there are numbers of People whose Judgment in
the point we have mentioned do not exactly correspond with ours,
we think it no inconsistency, notwithstanding anything we have said,
to add that we acknowledge with Gratitude the Regard the Lords
of the Admiralty are pleas'd to shew for protecting the Trade of the
Province, and also the kindness shewn by our Proprietaries in
soliciting for it. Nor have we less grateful Sentiments of the kind-
ness of our Neighbouring government of New York, as we believe
their Intentions were good, and it may have quieted the minds of
divers of our Inhabitants, tho' it is a favour we could not have
asked, and intended for such a mode of defence in which we do not
place our Confidence.

PROVINCIAL COUNCIL. 237

" The French & Spanish Prisoners you are pleas'd to mention
are, as we are informed, imported by a Vessel not belonging to this
Port; & it is not clear to us that Owners of Ships belonging to any
other Port have a right to bring Prisoners hither to become a
Charge upon Us, and if allowed in this Instance may encourage
multitudes of others. However, whilst they are amongst us we
think they ought to be provided for & treated with Humanity,
whether at the Expence of the Province in the whole, or in any &
what part may hereafter be considered. In either Case we approve
of Your Resolutions to make their stay amongst us as short as
possible; And we hope You will think it reasonable that the
Prisoners may in the mean time be confined, at least by Night, to
prevent their doing any Injuries to the Inhabitants of this City.

" We have likewise consider'd the Complaint You were pleas'd to
recommend to Us made by an Indian, of the Theft committed on
him in taking Horses & Peltry from him, and we have made such
Enquiry as hitherto hath been in our Power. But having heard
only one side it is not fit we shou'd come to any determinate Reso-
lutions therein. We are, however, sensible of the Dangers which
may arise from Complaints of this kind where due Care is not taken,
& therefore as a Court of Oyer & Terminer is, as we are inform'd,
likely to be held in Lancaster in a little time, we entreat the Presi-
dent & Council it may be recommended to the Care of the Judges
of that Court to make the necessary Enquiry, & if they find Cause,
to direct a Prosecution against the offender, & that if he shall be duly
convicted ; to take care that he suffer as the Law directs, and be
oblig'd to make Restitution to the Party aggrieved.

" In the mean time we have thought it necessary to make the
Indian a Present, because as they have little knowledge of our
Laws & the time requisite for Convicting offenders, he might other-
wise think the Delay an Intention of depriving him of his Right,
& be thereby excited to disturb the Peace of the Government, if
not to do some greater Inguiry.

" Sign;d by Order of the House.

"JOHN KINSEY, Speaker.
«3Mon., 21st, 1748."

As soon as this was read, a second Message was deliver' d by two
Members who inform'd the Board that the House proposed to ad-
journ to the 22d August, if the Council had nothing further to be
laid before them. They were told that the Council wou'd imme-
diately read the Message & let the House know their mind to the
Secretary.

A Message from the Assembly to the President & Council.
" May it please the President & Council :
" We have so often declared our Sentiments on like occasions as

238 MINUTES OF THE

the Subject Matter contain'd in Your last Message, You cannot
possibly be unacquainted with them, and therefore we think it can
be of no use to repeat them here. Besides, we do not see what pru-
dence or pollicy cou'cl be done in the present Emergency. To send
a Vessel in pursuit of the Privateer suppos'd to be at the Capes,
the distance is so great, a late Example may convince us the Priva-
teer might and very probably would be out of reach before any
Vessel cou'd get thither. And to keep a Vessel constantly at our
Capes to guard the Coast must be introcluctive of an Expence too
heavy as we conceive for the Province to bear. We may add to
this, that to put so great Burthen on the Inhabitants at this time
would we think be inexcusable, when, from the Message You were
lately pleas'd to send Us, as well as by other accounts, there is great
reason daily to expect a Ship of War to be station' d on our Coasts
for the protection of the Trade of the Province.

" Sign'd by Order of the House.

"JOHN KINSEY, Speaker.
" 3d Mon. 21st, 1748."

Tho' the Board on considering this Message thought it extremely
afflicting to be left by the Assembly in a time of such imminent
Danger without Money or a Vote of Credit, for want whereof they
had it not in their Power to protect the Trade or defend the Province,
yet since the House had express' d themselves in such positive Terms,
& seem'd determined on their adjournment, they agreed to send them
the following Message :

" As the House has informed the Board that they incline to ad-
journ till the 22d August, the Council is unwilling to press their
stay longer at this time j but if the Ship of War shou'd not arrive
so soon as expected, & our Port continue tg be block' d up, they
shall be under a Necessity of calling You together before the time
to which You propose to adjourn."

Ordered, That the Prisoners be not suffer'd to go out of their
Lodgings after Sunsett, & that notice hereof be given to all Persons
concern'd.

At a Council held at Philadelphia, 23d May, 1748.

PRESENT :

The Honourable ANTHONY PALMER, Esq., President.
Thomas Lawrence, Benjamin Shoemaker, N

Samuel Hasell, Joseph Turner,

William Till, Thomas Hopkinson,

Abraham Taylor, William Logan,

Robert Strcttell,

The Minutes of the preceding Council were read & approv'd.

> Esqrs.

PROVINCIAL COUNCIL, 239

The President having receiv'd Letters from the Proprietaries by
the Otter Man of War, John Ballet, Esqr., Commander, who ar-
rived yesterday morning after a Passage of seven Weeks from Ports-
mouth, the same were read & order' d to be enter' d.
** Gentlemen :

" I wrote to Yon on the 29th of October, & sent by two Convey-
ances to inform Yon that the Lords of the Admiralty had promis'd
me a Ship to be station'd in Delaware Bay, and that she wou'd be
ordered to Sail so as to get on the Coasts of North America as soon
as it wonld be safe for her. ^1 now take this opportunity by a Ship
bound to New York, who does not stay for Convoy, to acquaint
You that their Lordships have appointed the Otter Sloop, Capt.
Ballet Commander, for this Service ; but as a very large Fleet is in
a very short time to Sail for the several ports of North America,
they have ordered the Otter to stay till they are ready to strengthen
their Convoy, 8c they are expected to Sail in about fourteen Days,
I make no doubt but on their arrival You will make the Place as
agreable as You can to the Captain, & give him any assistance he
can reasonably desire for His Majesty's Service. <JE must say the
procuring this Security to You is a great Satisfaction to me, and
tho' it has been very difficult & required much application to get
this Sloop, as there never was a Ship Station' d in the Bay before,
I hope we may be sure for the future to succeed in any application,,
as there is now a precedent established.

" I think it necessary, also, to inform You that we appointed Mr,
James Hamilton Governor of Pennsylvania, who will be ready tq
embark the latter end of the Summer, so as to meet the Assembly,,
if possible, in October. I have nothing to add but that I am,
" Gentlemen,

" Your very affectionate Friend,

"THOMAS PENN,

" London, March 12th, 1748.
" The President & Council of Pennsylvania."

" Gentlemen :

" On the other side is a Duplicate of a ~LeUer I sent hj way of
New York, to which I have little to add. This comes by His Ma-
jesty's Sloop the Otter, Captn> Ballet Commander, who, I make no*
doubt, You will assist in any Case where in he may stand in Need.
of Your Aid for the King's Service, and whicb I recommend to Yots.
I remain,,

u Gentlemen,

" Your very affectionate Friend,

"IHO..PENN,
"London, Maich 29th, 1748,"

240 MINUTES OF THE

" Gentlemen :

"I have just now received Your Letter to my Brother & myself,
which is Duplicate of one sent by the Widow, Captain White, who
was taken into France, and is dated the 27th of November. I ob-
serve with great Concern the apprehensions you were under that
the French wou'd send a very considerable force in the Spring, &
perhaps attack the City of Philadelphia. If your Informations are
to be depended on, You may have great reason for such fears, and
should do every thing in Your power for your defence, & endeavour
to raise in the People such a sense of Danger as may induce them
chearfully to obey such Orders as it may be proper for You to give,
both as to preparing by using themselves to discipline, & meeting
for Your mutual defence when Danger is near. The Association
you sent me is lost; but I have seen one printed in one of your
News Papers which I apprehend is the same you mention ; and
tho' on the one band We shall on all occasions desire to join in
every fit proposal that may contribute to Your Safety, and on the
other with great caution object to any proposal that is not liable to
great objections, We have great doubts whether this is not liable
to such objections as renders it unsafe for the Persons who have
joined in it, and which are not warranted by Necessity. However,
We have desired the Attorney & Solicitor General's thoughts upon
it, which will be sent you by Mr. Paris, & on which we desire you
will for the present proceed. I fear they will not be got before I
am oblig'd to go into the Country, or I would write to You with
them. I apprehend at present You cannot be warranted to give
^Commissions to any Officers who are to receive their Orders from
others than yourselves or those you appoint, as this is giving the
power of the Militia, or calling the People together for their de-~
fence, from the King to themselves, & which I fear will be esteemed
greatly Criminal. If the People had desir'd to unite for their de-
fence they should have applyed to You, their legal Governors, for
License so to do, when you would have formed them into Bodys proper
for Service, & issued such Orders as would be from time to time thought
necessary ; but for them to chuse a Council to make Military Laws
& order the Marching of Armed Men, is certainly very contrary to
what is practised here, & I conceive to Law ; for in the last Rebel-
lion People did no more than engage to join together under such
Persons the King & Laws had, or the King should appoint to com-
mand them,

" Whenever any Law shall be made in Pennsylvania for estab-
lishing a Militia & erecting a Fort or Battery, we shall be very
ready to show our Concern for the safety of the City by giving Can-
non for such a Battery. But unless a Law was to be pass'd for the
support of a Battery & of Men to attend it, I fear it will be ne-
glected as soon as made ; & am of opinion that the most proper
method you could have taken would have been to hire as large at

PROVINCIAL COUNCIL. 241

SVip as any in your River, k maon'd her as a Guard Ship to have
lain in some proper part of the River, However, I hope the arri-
val of the Otter will make this unnecessary • or if You shall want a
further Security a Ship I think will be of the greatest use. The
Hector, a forty Gun Ship, goes to Virginia, and there is no ques-
tion but a Ship will Sail soon for New York ; so that I shall expect
to hear on the arrival of these Ships with the Fleet your Coasts will
fee secure. I find by your Letter you did not expect a Ship or
Sloop on your Station, and I believe had not the Affidavits of the
Landing a Privateer's Crew in New Castle Gouoty been sent me I
should not have got it.

" You may rest assured that we shall ever think it our duty to
apply our time & Interest in the first place to the Service of,
the Province; & therefore in any case where our assistance can
be of use you may depend on its being given with an hearty good
will. My Brother is now in the Country or we should have wrote
jointly,

■"I am, Gentlemen, Your very affectionate Friend,

«THO. PENN.
!" London, March 30th, 1748.

<< I observe the Assembly broke up without giving any assistance,
which is what You must have expected."

The President acquainted the Council that Captain Ballet having
on his arrival waited on him & presented his Instructions from the
Lords of the Admiralty, whereby he was directed to consult with
this Board, he had Invited him to Council, & the Captain accord-
ingly coming was introduc'd by the President & received the Salu-
tations & Compliments of each Member of the Board, & then
delivered in a Copy of his Instructions, which were read in these
words :

** By the Commissioners for Executing the Office of Lord High Ad-
miral of Great Britain & Ireland*, &c.

" Whereas wc have received a Memorial from the Proprietors of
the Province of Pennsylvania & Counties of New Castle, Kent, &
Sussex, on Delaware, setting forth that the Inhabitants of the said
Province & Counties carry on a considerable Trade to Great Britain.
Ireland, and the Colonies in America, & in particular Export Pro-
visions to the Islands in the West Indies for the Support of the
I Inhabitants of the said Islands, & of His Majestie's Ships employed
! there, insomuch as to employ Four hundred Vessels Yearly in that
J Service from that side the River Delaware, besides the Great Trade
\ of the Province of Jersey, Situate on the other side the said River ;
I but that since the Commencement of the present War the same has
vol. v.— -16.

242 MINUTES OF THE

been much Interrupted by the Privateers of the Enemy, which have
generally Cruized at the mouth of the Bay, and have taken many
Ships laden with Provisions; & that some have even gone up the
Bay about fifty Miles above the Capes, the Crews of which have
landed & Plunder'd the Houses of several of the Inhabitants, &
therefore requesting that a Ship of War may be stationed in the
Bay of Delaware to protect the Trade & Inhabitants of the Country
from any such Insults for the future : And Whereas We have ap-
pointed His Majestie's Sloop under Your Command to perform this
Service, and to go out in Company with the Hector (which is or-
dered to Convey the Trade to Virginia) as far as the entrance of
the Bay of Delaware, where You are to part from her & to proceed
up the Bay with any Trade bound to Pennsylvania or to any other
place in that River.

" When You arrive in the River of Delaware yo^i are to acquaint
the Governor & Council of Philadelphia of your arrival, & to shew
them a Copy of these Instructions when You have an opportunity ?
and to consult & advise with them from time to time in what manner
the Sloop under Your Command may be best employed in guarding
the Coast & securing the Trade from any Attempts of the Enemy ;
and You are to use your utmost endeavours to take or destroy all
Ships & Vessels of the Enemy that shall come upon the Coast, and
to protect the Trade of His Majestie's Subjects;

u And Whereas We have directed the Captain of His Majestie's
Ship the Hector, Station' d at Virginia, to hold a constant Corres-
pondence with You, You are, whenever You shall find the Ene-
my's Ships too strong for You, to send immediate advice thereof to
the Captain of the said Ship, whom we have ordered to repair to
your assistance, and You are jointly to endeavour to take or destroy
them; and if the Captain of the said Ship shall at any time send
You Notice of the Enemy being too strong for him, You are with
all possible diligence to proceed to his assistance, communicating in
the first place the Intelligence You have reeeiv'd to the Governor &
Council of Philadelphia; & when the Service is performed You are
to return to Your Station,

" You are hereby directed to keep constantly at Sea when the
Wheather will permit, & to Cruize in proper Stations for meeting
with the Enemy's Ships or Privateers, & for protecting the Trade
of His Majestie's Subjects & guarding the said Colony of Penn-
sylvania from any attempts of the Enemy.

" And in order to enable You the better to keep the Sloop under
Your Command in a good Condition to Cruize & protect the Trade
as well as to annoy the Enemy, You are to cause her to be clean'd
once in Six Months at the most convenient place in the River, & to
victual her as often as there shall be occasion ; & You are to take

PROVINCIAL COUNCIL. 243

<m board no more Provisions at a time than is necessary for the
Service You are em ploy' d on.

" Given under our hands the Second Day of March, 1747.

"ANSON, ■
"DUNCANNON,
"W. ELLIS.
" To Captain Ballet, Commander of His Majestie's Sloop the
Otter, at Spithead.

" By Command of their Lordships.

"THOMAS CORBETT."

Captain Ballet having inform' d the Board that in his Passage he
met with a very large Ship, & fought her for four hours, & had
receiv'd so much damage in the Engagement that he shou'd be
oblig'd to heave his Vessel down, the Board express'd great Con-
cern at this, informed the Captain that there were Privateers upon
the Coast, & that if these who were the first Comers shou'd not be
repulsed, they wou'd encrease fast & become too powerful j but if
these were either taken or driven off, it wou'd discourage others.
Every body look'd upon his arrival as a signal Instance of Provi-
dence in favour of this Colony, since, should the Enemies be dis-
appointed in their first Attempt, they would alter their Measures &
think of Cruizing somewhere else.

They added that this was one of the worst Ports in the World
for Seamen, & shou'd he now go upon the Careen, it wou'd not be
possible to prevent Desertion. He said his Ship was not now in a
Condition to go on a Cruize ; that he must refit, but wou'd use all
the dispatch possible; & as neither he nor the Vessels which
arrived here two or three Days ago had seen any Privateers, he
hoped they were gone off, & he wou'd do his utmost endeavours to
be ready for them if they shou'd return; that he was under no fear
of desertion, & so took his leave & withdrew.

The Board finding him determined to heave down, concluded to
give him all the assistance in their power.

Order' d, That the Secretary bespeak an handsome Entertain-
ment at Roberts' Coffee House to-morrow, & invite Captain Ballet
& his Officers to dine with the President & Council, & that the
Judges & Magistrates & principal Persons of the City be likewise
invited. And as the Council is to review the Associated Regiment
of Philada- City in the Afternoon, the Captain & his Officers may
be requested to accompany them to the Review.

The Secretary laid before the Board a Letter which he had
received by this Conveyance from Proprietor Thomas Penn, in
answer to his of the — — — , wrote by Order of the Board,

244 MINUTES OF THE

which wag read, & he was directed to communicate that part
of it which related to the Dock to the Mayor or Recorder of the
City.

" London, March 80th, 1748.
" Mr. Peters r

" We are much concern'd at the account you give of the sickly
state of the City, and would with great pleasure lend our assistance
to prevent such a Calamity if any thing in our power wou'd do it,
hut we cannot think the Mud in the Dock can be different from
what is left on the side of the River, unless it is occasioned by the
Tan Pits; and if any unwholesome effluvia comes from them they
should be removed. What Scheme to form for the removal of the
Mud in the Dock that will be most proper & effectual we cannot
by any means advise, and think you that are on the Spot much
better able to do it. If the Corporation or Publick expect a Dock,
it should be done at their Expence, or else on their giving up any
Right they may have to it, the Persons to whom it fell will perhaps
clear & build upon it. It is to be considered that the Dock has
been many Years nearly in the same Situation, & yet no such fever
was known till the Year 1741, when it undoubtedly came from the
West Indies, which is almost a plain proof it does not arise from
the Mud in the Dock. The Wharfs about the Dock are we suppose
much more used than in the upper part of the Town, and therefore
any Infectious Distemper from abroad is much more likely to
spread from thence. I desire you will communicate this to the
Council, & am

u Your very affectionate Friend,

"THO. PENN."

Mr. Till having received a Deputation from the Commissioners
of His Majestie's Customs to be Collector of New Castle, & like-
wise a Letter from them to this Board, which he was desir'd to
deliver in Council, he presented it, & it was read, together with the
blank Bond :

» Sir—

" In pursuance of a Warrant from the Lord's Commissioners of
His Majestie's Treasury, We have issued our Deputation to William
Till, Esqr" to be Collector of the Customs at New Castle, in Penn-
sylvania, in the room of Mr. Thomas Grceme, deceas'd. And secu-
rity having been given for him here, We desire you will please (in
the absence of Mr. Dinwiddie, the Surveyor General) to take card*
he executes the inclos'd Bond before proper Witnesses, & return
the same to us; and that You will then admit him to the said
Employ on his taking the Oaths enjoined by Law for the due dis-

PROVINCIAL COUNCIL. 245

charge of his Duty, & favour him with a Certificate thereof, to be
transmitted to Us.

" We are, Sir> your most obed*- hble. Servants,

"BEAUMT- HOTHAM,
"J. EVELYH.
«RQBTBAYLIS,
"W. SEVIEUR,
u Custom House, London, 9th March, 1747.
" Gov'" of Pennsylvania."

Mr. Till having executed the Bond, which was witnessed by Mr.
Turner & the Secretary, he took & subscrib'd the Oaths and De-
clarations to His Majesty, and likewise took an Oath for the faith-
ful Discharge of his Office.

Order' d j That a proper Certificate of Mr. TilPs Qualification be
prepar'd, to be attested by the President under the Great Seal.

Mr. Taylor & Mr. Turner reported that they had contracted
with Mr. Surge to carry 35 French Prisoners to the Island of His-
paniola for £32 in two Bermuda Sloops.

Ordered, That a Flagg of Truce be prepar'd for each Vessel, & a
Letter to the Governor of the Havanna by each Captain.

At a Council held at Philadelphia, 25th May, 1748.
present:

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ~]

Abraham Taylor, Robert Strettell, J>Esqrs.

Thomas Hopkinson, J

The Minutes of the preceding Council were read & approved.

George Porteus, Captain of a small Sloop from Providence,
having been taken off the Capes of Delaware by a French Priva-
teer, the late Clinton of New York, his Examinatian was taken, &
having made Oath thereto before Mr. Hopkinson, his Deposition is
order'd to be enter'd :

" George Porteous, of Philadelphia, Mariner, being sworn on the
Holy Evangelists of Almighty God, deposeth & saith, that he with
three others are Owners of the Sloop called the Three Brothers, of
which George Smith was lately Captain ; that he sail'd in her from
the Island of New Providence about the third Day of May, In-
stant, bound to this Port of Philadelphia, and in the Vogage, on
the Seventeenth Day of this Instant, May, about two Leagues from
the false Capes, which then bore North-West & by North, were
chased & taken by a French Privateer Sloop, the late Clinton Pri-

246 MINUTES OF THE

vatecr of New York j that the said Clinton Sloop mounted twelve
four-Pounders, &, as he thinks, about sixteen Swivel G-uns, & had
on board about one hundred & twenty Men belonging to her and
about thirty English Prisoners ; that the Privateer took all the
People belonging to the Sloop Three Brothers on board the Pri-
vateer, & afterwards putting this Deponent, his Wife, his Son, and an
old Man on board the Three Brothers, together with three French
Sailors, order'd them to proceed to the Capes of Delaware, whither
the Privateer was then going; that the three French Men accord-
ingly took the Command of the Sloop Three Brothers, but it
coming to blow hard, they lost Sight of the Privateer, & then this
Deponent took the Helm & brought the Vessel into the Capes of
Delaware, & after a good deal of difficulty he the old Man and
Boy made themselves Masters of the three French Men, took in a
Pilot at Lewes & sailed directly for this Port, where he arrived yes-
terday with the three French Men Prisoners. This Deponent fur-
ther saith, Captain Burke & the Crew of the Brigantine Richa,
bound from Philadelphia to London, were on board the said French
Privateer at the time he was taken by her, as were likewise several
of the Men belonging to two other English Vessels that had been, as
this Deponent was inform' d, taken on this Coast by the said French
Privateer; that this Deponent heard the French Men say they intend-
ed to continue to Cruise about the Capes of Delaware, and had dis-
patch'cl the Recovery, an English Privateer Schooner lately belong-
ing to Providence, which they had taken, who were to return with
more Men to Mann the Prizes they shou'd take. That this De-
ponent further understood from the People belonging to the French
Privateer that there was likewise a French Sloop & a Spanish
Schooner Cruizing on this Coast in Consort, which this Deponent
believes he saw at some distance; and his reason for believing the
Vessels he saw to be the said Privateer Sloop & Schooner is, that
when the Sloop was ahead she shortened Sail & waited till
the Schooner came up, and this she did several times, and that
they came out from under Cape May & were Sailing Cross the
Bay.

"GEO. PORTEOUS.

" Sworn the 25th Day of May, 1748, before me,

"THOS. HOPKINSON."

As there may be sundry Emergencies which will require imme-
diate & frequent Consultations with Captain Ballet, Mr. Hasell, Mr.
Taylor, & Mr. Strettell are appointed a standing Committee to con-
fer with him, & they have it in Charge to inform him of the Mat-
ter.-; depos'd by Captain Porteous.

Resolved, That the Council sit every morning at ten o' Clock in
the City Court House.

The following Officers being chosen & returned by the Associators

PROVINCIAL COUNCIL.

247

to the Presid'- & Council, were approved of & Commissions issued
to them accordingly :

Captains. Lieutenants. Ensigns.

Philadelphia County.

John HalL Joshua Thomas. Philip Wynkope.

N. B. — -Edward Jones is Chosen Col0-' Thomas York, Lieut. Col0'
& Samuel Shaw, Major of a Regiment in this County.

Charles Stewart,
Anthony Wright,
Robert Jemmison,
James McLouglin,
John Wilson,
Bernard Yaahorne, j r.

Bucks "County.

James Hart,
Lewis Rue,
John Beard,

James Davis,
Thomas Blair,

Robert Cummin gs.

William Hart,
Richard Vanhorne,
Samuel Martin,
John Hall,
George Overpack5
Ralph Dunn.

William Clinton.

James Galbreath,
John Smith,
Adam Reed,
John McKown,
John Galbreath,
David M'Clure,
James Armstrong
Thomas McKee,
James Graham,
Robert Baker,
James Patterson,
Thomas Harris.

Chester County..
Morris Thomas.

Lancaster County.

James Sample,
Willm. Cunningham,
John Crawford,
James Anderson,
William Allison,
Thomas Foster,
Alexander Armstrong
Robert Smith,
John Purrins,
William Mitchell,
James Smith.

William Carr,

John Harris,
Joseph Candor,
John Young,
James Finney,
Nathaniel Little,
Andrew Boggs,
, John Dougherty,
Will-* Baskell,
William McMullan,
Henry Rennicks,
Thomas Mitchel,
John Wilson.

M. B— "Thomas Cookson is Chosen Coll0"' James Galbreath,
Lieut. Col0- & Robert Baker, Major of the above Regiment.

Samuel Anderson,
Jedidiah Alexander,
Andrew Gregg,
James Snoodgrass.

John Woodside,
Hugh Whiteford,
William Crawford,
John Alexander.

John Barkley,
James Smith,
Samuel Simpson,
John Snoodgrass.

N. B. — James Gillaspy is Chosen Col0-- Samuel Anderson, Lieut.
Col0-' & James Whitehill, Major of one other Regiment in the sd'
County.

248

MINUTES OF THE

Captains.

Lieutenants.

Ensigns.

New Castle County.
David Finney, Francis Janvier, French Battle,

Evan Rice, James Walker, Charles Bryan, Ser?-

John Almond, Luloff Peterson, Luke Mounce,

Timothy Griffith, William Faries, David Rowland,

Archibald Armstrong.. Thomas MeCulbugh. Robert Pierce.

N. B. — John Coocling, Sen,, & William Armstrong, are ehoseD
Colonels, Thomas James & William Patterson, Lieut. Colonels,
Jacob Vanbebber & William McCrea., Majors of two Regiments m
the above County.

John Vining,
John Hunn,
Robert Blackshire.
G-eorge Martin,
John Caton.

Kent County.
Thomas Parke,
William Hirons,
John Rees.
Jacob Allee,
Robert Gatlim

Richard Wellsy
Mark Hirons,
William Rees.
John Vanwinkle7
Joseph Hodsoik.

At a Council held at Philadelphia the 2.6th May, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President,
Thomas Lawrence, Samuel Hasell, ~V

Abraham Taylor, Robert Strettell, [-Esqrs.

Thomas Hopkinson, William Logan, )

The Minutes of the preceding Council were read & approv'd.

An Express arriving at two o* Clock this Afternoon from Salem,
in West Jersey, with Intelligence that there was a Spanish Priva-
teer of fourteen Carriage Guns lying off Elsenbourgh, about ten
Miles below New Castle, the Council was call'd, & it appearing, by
a Letter to Mr. Lawrence, that the fact was sworn to before Justice
Frazier by one George Proctor, his Deposition was read in these
words :

« Salem County, May 25th, 1748.

u Came before Me, one of His Majestie's Justices of the County
of Salem, one George Proctor, and being sworn upon the holy Evan-
gelists, did Depose that he being a Prisoner of War did swim ashore
from a Spanish Privateer of fourteen Carriage Guns, eight six
Pounders & six four Pounders. She is a Brigantine of a hundred
& sixty Men. She lies now against Elsenbourgh in the River.

" Sworn before me, WILLIAM FRAZIER."

PROVINCIAL COUNCIL. 249

Then the Messenger, Roger Sherron, was examin'd, &l the Sec-
retary having reduc'd what he said to writing, Sherron made Affi-
davit thereof before Mr. Lawrence in these words :

" Roger Sherron, of the Town of Salem, Joiner, being sworn on
the Holy Evangelists of Almighty God, deposeth & saith that he
was sent express by the Magistrates of the said Town at Eight
o'Clock this Morning, on one G-eorge Proctor's swimming ashore
from a Vessel in the River, and deposing before a Magistrate of the
said Town of Salem that he had been a Prisoner of War on board
a Spanish Privateer of fourteen Carriage Guns, eight six Pounders
& six four Pounders, a Brig of 160 Men, lying against Elsen-
bourgh in the River. That he saw the said G-eorge Proctor after
he came ashore this morning, k was present when he made a Depo-
sition to the purport as above, and that he heard several Persons of
Credit declare at Salem that they saw such Brigantine lying oppo-
site to Clement Hall's plantation, Situate in Salem County, about
ten or eleven Miles below the Port of New Castle.

"ROGER SHERRON.

" Taken & Sworn before me, this 26th May, 1748, at 4 o'Clock,
P. M.

"THOMAS LAWRENCE."

The Council having sent for Captain Ballet, inform' d him of th%
near Approach of the Spanish Privateer, & that as the Wind is
South if she should have any Consorts with her they might be before
the Town in a very little time, and desir'd to know what he pro-
pos'd to do; he said as his Guns were ashore & the Otter unrigg'd,
the first & most serviceable thing to be done was for his Men quickly
to raise a good Battery & place his Guns on it, & he accordingly
withdrew to attend that Work.

Order' d, That as many Hands be hired as possible to work on
the great Battery, & that the New York Guns be forthwith mounted
thereon, & Coll0- Taylor is desir'd to impart this Order to the
Managers, & press them to take care that the same be carried into
Execution with all the Dispatch possible.

Order'd, That a Commission be prepar'd immediately, author-
izing Col0, Taylor to take Charge of the Batteries, with a power of
appointing others to act under him till such time as proper Persons
can be thought of.

Mr. Lawrence being one of the Owners of the Privateer Trem-
bleur, express' d his willingness that she shou'd immediately be got
ready for the use of the Publick, & desir'd a Committee might be
appointed to obtain the Consent of the rest of the Owners, where-
upon Mr. Hasell & Mr. Hopkinson undertook to go and speak to
all the other Owners.

Mr. Hasell & Mr. Hopkinson return' d & reported that the other

\
250 MINUTES OF THE

Owners of the Trembleur Privateer had readily given their Con-
sent for her to be fitted out, & Captain Bowne attending the Coun-
cil, was ask'd if he was willing to take the Command of her ; he
said he was on this Condition, that if he shou'd be disabled from
geting his Livelyhood by the loss of a Limb -he shou'd have pro-
vision made in that Case for him by the Publick. Mr. Lawrence
likewise said that he & the Owners wou'd expect Security to be
given to be paid a reasonable Sum in case the Trembleur shou'd
be taken or receive any considerable Damage. The Council con-
ceiving they cou'd not enter into such Engagements this Affair
dropp'd.

Mr. Hasell & Mr. Strettell were desired to inform Captn. Ballet
immediately of the Council's disappointment in their Expectation
of getting the Trembleur, that now their sole depencence was on
the King's Ship, & it was therefore desir'd she might not heave
down, but Sail directly if it cou'd possibly be done.

Mr. Hasell & Mr. Strettell return' d & told the Board that they
had spoke to Captain Ballet in the Terms given them in charge, but
without Success, he still retaining his opinion that his Ship was not
fit to go to Sea without Careening.

The Speaker of the Assembly & the Judges of the Supreme
Court having been sent for, they were consulted with on the present
gtate of Affairs, & while they were present the Board came to the
following Resolves :

Order 'd, That the French Prisoners shou'd not now be sent away,
since they might, if taken, add a considerable strength to the
Enemy.

Order' d} That a Centinel of ten Men be set to guard the Powder
House.

Order' d, That there be an Embargo laid on all Vessels, & that
the Collector of Philadelphia & New Castle be serv'd with it.

Order' d, That there he a strong Guard mounted on every Bat-
tery, and that a set of Instructions be immediately prepared for the
regulation of the Commanding Officers.

Order' d, That Expresses be dispatch' d in the morning to the
Governments of Virginia, New York, & Boston, to give Informa-
tion of the State of Affairs here, & that Captain Ballet be told
he may have an opportunity of sending a Letter to Captain Mas-
terson, Commander of the Hector Man-of-War, by Express to Vir-
ginia.

Order' d, That two Pilot Boats shou'd be employ'd to Cruise in
the Bay and River for Intelligence, & Abraham Wiltbank, the
Pilot, shou'd be taken into Service k sent away instantly.

The Speaker having concurr'd in the above regulations as

PROVINCIAL COUNCIL. 251

absolutely necessary, was pleas'd to declare his Sentiments as fol-
lows:

That if the President & Council, in whose hands the executive
powers of Government now were, in discharge of what they con-
ceive to be their Duty, were put to any Expense, tho' it might
happen in such an Instance as the Assembly wou'd not have
advised, yet he believed that the Regard the Council might shew
for the Good of the Province would ever be considered by the
Assembly, and an adequate Provision made in the Support of Gov-
ernment.

The following Commission to Mr. Taylor was Sign'd by the Presi-
dent & four Members :

" By the Honourable the President & Council of the Province of
Pennsylvania ,

u To Abraham Taylor, Esq., Colo, of the Associated Regiment of
the City of Philadelphia.
" Whereas, By virtue of our Commission bearing date the first
Day of January last, We have constituted and appointed You, the
said Abraham Taylor, to be Col0, of the Associated Regiment of
Philada- 1 And whereas, By our Order & Direction since the issuing
our sd< Commission, some Batteries have been erected & Guns
mounted on some parts near the said City for the security & de-
fence thereof against the Common Enemy, But the said Batteries
& Guns have not yet been put under the Care, Direction, or Charge
of any particular Officer, Reposing special Trust & Confidence as
well in Your Care, Dilligence, & Circumspection, as in your Loyalty
& Courage, We have authoriz'd, constituted, and appointed, and
We do by virtue of the Powers & Authorities to Us given hereby
authorise, constitute, and appoint You, the said Abraham Taylor,
to take the said Batteries & Guns into Your Charge & Care, and to
give such Orders & Directions for mounting, fitting, & preparing
them for Service, and to appoint such Officers & Men of your said
Regiment as a Guard thereto as to You shall seem meet and requi-
site ; And as they are commanded to obey You as their superior
Officer, So are You likewise to observe & follow such Orders &
Directions from time to time as You shall receive from the Com-
mander-in-Chief of this Povince; and as We have just reason to ap-
prehend from the near approach of our Enemies they may attempt to
pass the said Batteries with their Ships or Vessels, and to land their
Men in order to plunder, burn, or destroy this City of Philadelphia,
We do further authorize & impower You to burn, sink, or destroy
the Enemy, their Ships or Vessels, attempting to pass the said Bat-
teries or endeavouring to Land within any part of the County of
Philadelphia. And You are hereby further Commanded & required
not to suffer any Ships, Vessels, or Boats coming up the River to
pass the said Batteries without some person first coming from the

252 MINUTES OF THE

said Ships, Vessels, or Boats, and giving an Account of themselves,
and from whence they came.

" Given in Council uuder our Hands & Lesser Seal of the said Pro-
vince, at Philadelphia, the 26th Day of May, in the Twenty-first
Year of His Majestie's Reign, Annoqz Domini, 1748.

"ANTHONY PALMER,
"THOMAS LAWRENCE,
" SAMUEL HASELL,
« WILLIAM TILL,
"ROBERT STRETTELL,
"By their Honour's Command.

" Richard Peters, Secretary/7

At a Council held at Philadelphia the 27th May, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, "j

Abraham Taylor, Robert Strettell, J -^

Benjamin Shoemaker, Thomas Hopkinson, [ ^ "

William Logan, J

The Minutes of the preceding Council were read and approv'd.

G-eorge Proctor, the Sailor who swam ashore from on board the
Spanish Brigantine, Captain Don Vincent Lopez, having been
despatch'd from Salem to New Castle, the Magistrates there sent
him up Express with the following Letter from Mr. Macky, which
was deliver'd to some Members of Council late last Night :

"New Castle, May 26th, 1748, Eleven o' Clock.

" To the Honoble. the President & Council at Philadelphia.
" Gentlemen :

" About nine o'clock arrived here the Bearer, who swam last Night
from a Spanish Privateer Brig who was at Anchor off Elsenbourgh
with fourteen Guns & 160 Men ; she came up within Gun Shot of
this Place about an hour ago, & came to an Anchor with a Spring
on her Cable; we fired at her with our four Guns many Shot, most
of which pass'd her, but none took place as the Tide was against
her, & the wind became immediately calm it prevented her boarding
the large Jamaica Man who lyes in our Road, which was evidently
her design; if that had happen'd, ere this in all probability this
Town wou'd now have been in flames ; nothing but the ebb Tide
and a Calm prevented it. After she, the Privateer, lay some time
at Anchor the Jamaica Man fired at her as we continued to do, on
which she weighed & towed away, fired a Gun, hoisted Spanish

PROVINCIAL COUNCIL. 253

Colours, & gave three Huzzas, -which we returned. She is now about
two Leagues from hence, as we shall have the flood in less than, &
as it continues Calm, she must be under a Necessity of coming to
an Anchor; if it were possible to send 60 or 80 stout Seamen on
board the Jamaica Man, & that the Captain, who is at Philadelphia,
would -^gree to let her fall down after her, I think she may be easily
taken. We have sent twenty odd Men on board the Jamaica Man;
we expect the Country in to our assistance every Minute. If we
can perswrade the Mate of the Jamaica Man to stay, we shall throw
into him 150 Men, of which number I shall be one, and the Town
is willing to give him Security for the Ship & Cargo. I beg Your
Honours wou'd excuse the roughness of these Lines ; be assur'd that
I am, with the greatest zeal for the publick safety & highest Esteem
& Regard,

" Your Honours most obedient humble Servant,

"JOHN MACKY.
" The People recede from giving Security for the Jamaica vessel,
& it is like she will go up this Tide."

Proctor attending was examin'd, & his Examination order'd to be
taken down in writing, & that he shou'd make oath thereto before
some Magistrate.

The Examination of Greorge Proctor, Mariner (being sworn &
examin'd before Joseph Turner, Esqr., one of the Justices, &c),
who saith :

" That this Examinant having been taken & made a Prisoner in
the Island of Cuba, he was put on board a Spanish Privateer Brig-
antine belonging to the Governor of Havannah, whereof Don Vin-
cent Lopez is Commander, having one hundred & sixty Men on
board, & mounted with fourteen Carriage Gruns & twenty swivels )
And the said Brigantine being out upon a Cruize near the Capes of
Delaware, the said Captain Lopez & his Crew in the said Privateer,
on or about the Twentieth Day of May, Instant, took and burnt a
Sloop about seven or eight Leagues from the said Capes, which
Sloop was bound from Boston to South Carolina, but the name of
the said Sloop or the Captain of her this Deponent does not remem-
ber ; that soon after the said Captain Lopez having resolv'd to go
with his said Brigantine into the Bay & River of Delaware, he ac-
cordingly arrived with her in the said River on the 25th of May
aforesaid, and came to an Anchor in sight of New Castle, one John
Dobbins, an Englishman, who came in the said Brigantine from
Havannah, being the Pilot of her; That just before they came to an
Anchor they took a Pilot Boat belonging to one Jones, whom they
made a Prisoner on board the said Brig ; That the said Don Lopez
& his Company perceiving that there was a pretty large Ship lying
at New Castle, he determined & declared he wou'd go up to New
Castle with the said Brigantme? & after he had taken the said Ship

254 MINUTES OF THE

he wou'd throw one hundred & twenty Men ashore & plunder &
destroy the Inhabitants of New Castle & set the Town a-fire, and
then wou'd proceed to do the like by the Inhabitants on both sides
the said River; that about ten o' Clock in the Evening of the same
Day the same Brigantine came to an Anchor in the sd> River, this
Examinant made his Escape from her by getting into a Shallop
which the said Privateer had just before taken, and after this Ex-
aminant had loosed the fast by which the said Shallop was tied to
the said Brigantine, she drove with the tide of Ebb from the said
Brigantine unseen by the People, and being got to a proper distance
from the Brigantine, he put her under Sail and stood for the Jersey
Shore, being then about a League off, but it soon aftar falling Calm
he quitted the said Shallop & swam ashore about two or three
o'Clock in the morning, and immediately alarmed the Inhabitants at
and about Salem, acquainting them with the said Threats and In-
tentions of the said Don Lopez of plundering, burning, & destroy-
ing the Country j That from Salem this Examinant went early the
next morning over to New Castle, & there likewise alarmed & ac-
quainted the Inhabitants with the said Don Lopez's designs against
them & the said Ship then at Anchor there \ that about the same
time that this Examinant arrived at New Castle the said Spanish
Privateer Brigantine coming up under English Colours within Gun
Shot of New Castle, this Examinant called out to k assur'd the
People there that the said Brigantine was a Spanish Privateer, and
after he had (with no small difficulty) prevailed on them to believe
him, they, with this Examinant' s Assistance, fired several Guns
from the Battery or Platform at the said Brigantine, whereupon the
said Ship, which lay at Anchor near the said Town, being also
alarmed & acquainted from the Shore that the said Brigantine was
a Spanish Privateer, and several People being sent on board her
from the Shore, gave the said Brigantine two stern Guns, & this
Examinant with the People at New Castle continued to fire at the
said Brigantine for near half an hour, by which the said Privateer's
Company then finding that they were discovered to be an Enemy,
immediately slipped their Cable, as this Deponent beleives, & being
towed down stern foremost, giving three Huzzas & one Gunn, hoisted
Spanish Colours & went down the River again.

" GEORGE PROCTOR.
" Sworn before me the 27th May, 1748.

"JO. TURNER."

The President's Letter to the Governor of Virginia was read &
order'd to be enter'd.

"Philadelphia, 27th May, 1748.
"Sir:

"A French Privateer Sloop, the late Clinton Privateer of New

PROVINCIAL COUNCIL. 255

York, with one or two Consorts fitted out at Cape Francois, bave
for some time past been Cruizing on this Coast and at the mouth of
the Bay of Delaware, & has taken several Vessels inward & outward
bound, and amongst the rest the Brigantine Richa, Captain Burk,
with a very rich Cargo, who had just sail'd from this Place for Lon-
don; And yet while all this mischief was doing, one of our Pri-
vateers, as well as His Majestie's Sloop of War the Otter, Captain
Ballet, sent by the Lords of the Admiralty for this Station, arrived
here, the former this Day seven night & the latter on Sunday last,
without seeing any Enemy on the Coast. Captain Ballet having
some time ago had an Engagement with a large French Ship, re-
ceived so much Damage as to think himself under a Necessity of
immediately heaving down, & while in this Condition yesterday
about two in the afternoon came an Express from Salem, in New
Jersey, that there was a Spanish Privateer mounting eight sis
pounders & six four pounders lying at Anchor in the Biver Dela-
ware off Elsenbourgh, about ten Miles from New Castle.

" On this the Council applied to Captain Ballett to get the Otter
away instantly if there was any possibility of doing it, but he said
she was in such a Condition that it wou'd a week to refit her.
At eight a' Clock in the Evening M. Mackay's Letter was deliver* d
to the Council, by which we learn' d that the Spanish Privateer at-
tempted to Board a Large Jamaica Ship, Captain Randolph, of 20
Grunns, in New Castle Cove, but in this he was disappointed & had
retreated to a little distance perhaps to renew the attempt when the
Wind and Tide should be favourable. Proctor, who swam ashore
from the Spaniard, was the Carrier of Mr. Macky's Letter, <& in his
Examination before the Council he says the Spanish CaptD is of a
savage, barbarous disposition, & declared frequently that he wou'd
rob, plunder, & burn whatever he cou'd ; & as it is known that there
are other Privateers on the Coast, if they meet & concert together
there must be a total Stop put to Trade & infinite mischief done
to the poor People who Live on the Bay side. Proctor says further,
that the Spaniard was attended by fifteen small Craft which he had
taken in the Bay. I have the pleasure to say that this City is in a
tolerable posture of defence by the Industry & Management of the
Associators, two or three good Batteries being already erected &
Cannon mounted on them, but the Trade of the Place must be in-
evitably ruin'd unless the Man-of-War Station' d at Virginia can be
prevaiFd with immediately to put to Sea & join Captain Ballet. I
entreat, therefore, You will be so good as instantly to communicate
the Contents hereof to the Captain of the Man-of-War, & use all
Your Interest to induce him to put to Sea without the least loss of
time.

u Captain Ballet is by his Instructions order' d to consult with
Captain Masterson, Commander of the Hector Man-of-War ap-
pointed for the Virginia Station, with whom he sail'd from Spithead

256 MINUTES OF THE

having 26 Merchant men under their Convoy, but he lost him and
the Fleet in continuance of foggy Weather j he has wrote to Cap-
tain Masterson by this Express, & told him he wou'd be ready to
Sail by the latter end of next week, & I hoped to meet the Hector
at the Capes or on the Coast between here & Virginia.

" I am, Sir, Your most obed1, humb. ServtM
"ANTHONY PALMER.
" His Excels Sr- Willm- Goocn."

One of the like Tenor to Governor Clinton was read, & another
to Governor Shirley, & Copies of the Affidavits already taken, to-
gether with a Copy of Mr. Mack'y Letter, was sent with the
Letters.

Captain Ballett was pleas'd to read his Letter to Captain Master-
son, Commander of the Hector, purporting that he parted with him
& the Fleet in thick, Hazy weather ; that having receiv'd a good deal
of hurt in an Engagement with a large Ship, he was oblig'd to refit
but wou'd be ready to Sail in ten Days ; that there were several
French & Spanish Privateers at the Capes & in the Bay & River of
Delaware, and he hoped to meet him there as soon as possible.

At a Council held at Philadelphia, 28th May, 1748.

present :
The Honoble. ANTHONY PALMER, Esqr., President,

Thomas Lawrence, Samuel Hasell, "")

William Till, Abraham Taylor, ' rg

Robert Strettell, Thomas Hopkinson, \ ■ '
William Logan, J

The Minutes of the preceding Council were read & approv'd.

It being represented to the Board that Captain Ballet, Com-
mander of the Otter Sloop, has just reason to apprehend that some
of his Seamen intended to desert from His Majestie's Service on
board the said Sloop, It is the opinion of the Board that Orders
shou'd immediately issue to the Keepers of the several Ferries that
they do not suffer any Sailor to pass those Ferries without a License
from some Magistrate of this City; and it is further ordered that an
Express be immediately dispatch'd to Governor Belcher, requesting
him to issue the like Order to be observ'd within his Government,
and that no Sailor may be permitted to travel without a pass.

Order'rf, That Coll0, Jones give Notice to the Company he lately
Commanded as Captain that it is necessary they shou'd chuse a
Captain in his stead, he being chosen Coll3, of the Philadelphia
County Regiment, and that the like Notice be given to the Com-

PROVINCIAL COUNCIL. 257

pany whereof Lieutenant Coll0- York was lately Captain, & to the
Company whereof Major Shaw was lately Captain.

P. M.

PRESENT :

The Honourable the President & the same Members as in the
forenoon.

It was moved by one of the Members that an Express be sent to
New Castle to know whether the People at Lewes have had In-
formation of the Spanish Privateer now in the River, and that if
they had not that an Express be forthwith sent to them from New
Castle for that purpose ; and Mr. Logan now informing the Board
that the Speaker was desirous such an Express shou'd be sent, it
was order'd to be done immediately.

A Letter from Governor G-ooch was read in these words :
« Sir—

" Immediately upon the Receipt of yours, dated April 12th, the
Council being then in Town, I call'd them together in order to
have their final advice upon what at our first Meeting I told them
I thought deserved their Consideration & my speedy answer. The
Gentlemen, as they were very sensible of the Importance of keeping
the Ohio Indians steady & firm in their present good disposition,
and of the general Benefit which all the Neighbouring Provinces
will receive from their friendship, readily & with one accord agreed
it was incumbent upon us to act in Concert & Conjunction with
the other Governments, and that we ought to contribute a reason-
able proportion towards making those Indians an handsome Present
at this Juncture.

" In consequence whereof, the Council came to a Resolution of
sending two hundred Pounds our Currency, which we hope Your
Honour & Council will think & accept as a proper Sum for us to
advance on such an occasion ; and as I could not have a more secure
& quick Conveyance of the Money, I have commited it to the Care
of Captn> Robinson, who is appointed our Commissioner for that pur-
pose, & who has directions to consult your Honour in the purchase
of such Goods as will best Suit with those your Province intend
for them- which Goods when bought) with the assistance of Mr.
Weiser, he has order'd to deliver himself to Mr. Weiser, who will
have Instructions from us to place either the Money or Goods, as
Your Honour & he shall think most expedient, in the hands of
those Indians as a free Gift from the Government of Virginia, that
the Ohio Indians may know to whom they are oblig'd, and not only
remember their Engagements to the Crown of Great Britain, but
they & all the Indians living near that River may by Gratitude be
Vol. v.— 17.

258 MINUTES OF THE

restrain'd from doing any manner of Injury or Wrong to our In-
habitants. These are the Instructions we have thought fit to give
CajDtain Robinson and your honest & worthy Interpreter, which
we trust will be satisfactory to Your Honour & the Council of
Pennsylvania.

" I am, with much Esteem,

" Your Honour's most obedient humble Servant,

"WILL. GOOCH,
" May 9th, 1748."

Mr. Robinson waiting on the Board & acquainting them that he
was going to New York where he might be supply' d with such In-
dians' Goods as could not be purchased here, the Board appointed
Mr. Lawrence & Mr. Logan to furnish Mr. Robinson with a List
of Goods proper for the Virginia Present, to assist him in the pur-
chasing such of the Goods as might be got here, & to recommend
him to a proper Person in New York for the purchasing of the
rest.

The Board being sensible of the critical & dangerous Situation
of the Publick Affairs at this Juncture agreed to meet to-morrow
at nine o' Clock, to which time the Council adjourn'd.

It being alledg'd by Mr. Chubb that there were numbers willing
to subscribe a Sum of Money for the immediate fitting out a Vessel
of force to go against the Privateers, it was agreed that some Mem-
bers shou'd meet at the Coffee House to Night in order to promote
this Subscription j &, accordingly, some Members did meet there,
& having seen the Subscription Paper, they desir'd Mr. Willing,
Captain Lloyd, Mr. Wilcox, Mr. John Mifflin, & Mr. Stamper, to
calculate the Expence that wou'd attend the fitting out a Vessel, &
to make their Report to them in the morning at Council.

At a Council held at Philadelphia, Sunday, the 29th May, 1748'
/ present:

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ~]

William Till, Abraham Taylor, ! Eg rg

Robert Strettcll, Thomas Hopkinson, i

William Logan, J

The Minutes of the preceding Council were read & approv'd.

Mr. Chubb reported to the Council that he had done his utmost
Endeavours to procure such a Subscription as wou'd enable the
Council to fit out a Vessel of force to accompany the Man of War,
but met with great discouragement & despair'd of effecting it ; tho'

PROVINCIAL COUNCIL. 259

it was his opinion that if some Persons of more note than himself
were to try they might do it.

Mr. Willing, Mr. Stamper, Captn> Lloyd, Mr. John Wilcox, &
Mr. John Mifflin, the Persons who last Night undertook to consider
what Vessel or Vessels of force cou'd be immediately got ready to
Sail with the Man of War, & to calculate the Expence that would
attend it, reported that the People of the City were exceedingly
backward to advance Money; that People generally believing the
Assembly would not reimburse them, &, therefore, insisted upon
some certain Security ; & Mr. Chubb being ask'd if the want of
Security was the reason why he had no better Success, he said it
was. Mr. Willing further declared that to fit out a Vessel or Ves-
sels only to repel or take the present Nest of Privateers wou'd be
of little or no Service, since there were by all Accounts numbers of
Spanish & french Privateers all along the Coast of North America
who wou'd successively take their Stations at our Capes as they
were the least defended ; & that he & the other Gentlemen were
clearly of opinion nothing less wou'd do than to fit out a Vessel of
force at the Expence of the Government for a Cruize of three or
four Months at least, to Cruize without interuption off our Capes.
And that as the Council had not the Command of the Publick
Money, they humbly offer'd it to their Consideration whether the
Assembly should not be forthwith calF'd.

They then withdrew, & the Council debated for some time whether,
considering the absolute negative put upon their Message by the
Assembly, it wou'd answer any purpose to call them ; & after they had
spent abundance of time in this Consultation, it was agreed to call
the Assembly to sit next Monday seven-night ; and the Secretary
was accordingly order' d to prepare the Writs to be sign'd in the
morning, and to have Expresses ready to set off with them as soon
as they shou'd be Sign'd.

At a Council held at Philada., Monday, the 30th May, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ~]

William- Till, Abraham Taylor, I™

Robert Strettell, Benjamin Shoemaker, j "

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Secretary offer'd the Writs to the Board for calling the As-
sembly on Monday next • & while they were Signing Mr. Chubb
desir'd admittance, having something of consequence to propose to
the Council, & being admitted, he said he was desired by a number
of substantial Freeholders to wait on the Council, & to assure them

260 MINUTES OF THE

that on the Credit of their Minute of Council, wherein the Senti-
ments of the Speaker are mentioned, any reasonable Sum of Money
might be rais'd ; being ask'd what Sum might be thought reasonable;
he said three, four, Six, or Ten thousand Pounds, & that the Money
wou'd be laid down on the Table for them to dispose of as they
shou'd think proper. Mr. Chubb was told that all applications to
the Board ought to be in writing, k when the Council shou'd see
his in writing they would give an answer.

The Board postpon'd signing the Writs for calling the Assembly,
in order to see the issue of this Application.

The Secretary is order' d to sign the following Notice, & to take
care that it be inserted in the next Gazette :

" May 30th, 1748.
" Notice is hereby given, that it has been thought necessary for
His Majestie's Service & the safety of this City, that no Ship, Ves-
sel, or Boat be permitted to pass the Lower Battery, from the
Hours of Eight in the Evening to four in the Morning, until the
Master of such Vessel have sent his Boat on Shore, or have other-
wise made himself known to the Garrison, for which purpose Orders
have been issued to the Commanding Officer of the Batteries.
" By Order of the President & Council.

" RICHARD PETERS, Secry."

Captain Ballet came into Council, & inform' d the Board that if
the Privateers shou'd take Captain Randolph's Ship, which lay at
New Castle, & carried fourteen Carriage Guns, it wou'd be such an
addition to their Strength that they might attempt the City & come
& burn His Majestie's Ship, whereupon, as the President was going
down to New Castle to see what cou'd be done for the Security of
the Counties, it was recommended to him to remove the Ship into
a place of more safety.

At a Council held at Philada., Tuesday, 31st May, 1748.

PRESENT :

Thomas Lawrence, Samuel Hasell, "j

Abraham Taylor, Robert Strettell, I -p

Benjamin Shoemaker, Thomas Hopkinson, [ ^ '
William Logan, J

The Minutes of the preceding Council were read and approv'd.

The Depositions made by the several Persons who were lately
taken by the Enemie's Privateers, were read & order'd to be enter'd.
Captain Nathaniel Ambler, late Commander of the Sloop Joseph &
Mary, of Philadelphia, being sworn & examined the 30th May,

PROVINCIAL COUNCIL. 261

1748, Saith : That on the 25th of this Instant this Deponent's said
Sloop being at Anchor at Reedy Island in the River Delaware, in
Company with three other Sloops belonging to Boston (which ha(J.
been chased into the Bay on the 23d Instant by a Privateer, as the
Captains of them told this Deponent), a large Brigantine came up
the River, pass'd by them, & came to Anchor at Reedy Point, & in
the Evening three Boats, mann'd out by the said Brigantine, came
and boarded this Deponent's said Sloop and took her, and stripp'd
this Deponent <fe his Crew naked, taking from them all their
Cloaths, save that they left this Deponent his Breeches only, &
soon after took the said three other Sloops, & serv'd their several
Crews in the same manner j That the said Brigantine proved to be
a Spanish Privateer called the St. Michael, Vincent De Lopes Com-
mander, having about 170 Men, consisting of some Spanish, some
English & Irish, many Mulattoes, & some Negroes on board, &
mounted 14 Carriage Gruns, 6 Pounders, doubled fortifyed, besides
Swivels; That about two Hours after the said Privateer's Men had
got all the Crews belonging to the said four Sloops on board the
said Privateer, they weighed Anchor and stood up the River for
New Castle, where a Ship outward bound for Jamaica was lying at
Anchor, and the said Privateer hoisting English Colours went up
along side of the said Ship, and haling her told the Men on board
her that She was an English Man-of-War from Jamaica, and that
therefore they expected the sd- Ship (which had then Jack, Ensign,
& Pendant flying) wou'd strike their Colours to the said Brigantine,
which if they refus'd to do they wou'd take the Ship from them
and burn the Town ; and soon after a shot being fired from the Bat-
tery at New Castle at the Brigantine, She hoisted Spanish Colours,
and giving three Huzzas, return'd the Shot from the Town with one
<xun, but immediately after (although they had their G-raplings out
along side ready to Board the Ship) they tack'd about & stood
down the River again, came to an Anchor a little above Morris
Liston's high Land, and put this Deponent and about 45 more
English Prisoners ashore there ; That besides the said four Sloops
the said Privateers had taken two Shallops laden with Wheat.

"NATHANIEL AMBLER.
" Taken & Sworn before me.

"JO. TURNER."

Captain James White, late -Commander of the Schooner called
the Mary of Philadelphia, being sworn & examined before Joseph
Turner, Esqr., one of the Justices, this Thirtieth Dav of May,
1748, Saith— J

" That this Deponent on the 27th Instant, being arrived with the
said Vessel in the River Delaware from the Island of New Provi-
dence, and standing up with the Tide of Flood, a Pilot Boat with
about Thirty Hands, mann'd out by a Spanish Privateer Brigan-

262 MINUTES OF THE

tine then in the said Bay and under Sail, standing for this De-
ponent's said Vessel, which was then abreast of the high Lands of
Bombo Hook, came along side of the said Schooner & boarded her
with Pistols and drawn Cutlasses, and this Deponent not -having
any Arms on board to make any resistance was oblig'd to strike to
the said Privateer's Men, who having stripp'd all the Crew be-
longing to the said Schooner k plunder' d her, they carried this De-
ponent & most of his Men on board the said Privateer; that the
said Privateer was called the St. Michael of Havannah, commanded
by Vincent De Lopez, & mounted with fourteen Carriage Guns, six
Pounders, besides as many Swivel Guns; that the Person who
commanded the said Boats Crew of Privateer's Men, and took this
Deponent as aforesaid, then told this Deponent that there was a
large Ship lying at New Castle, outward bound, which they were
determined to take before they left the Coast, & that their Boat
had been up the River within five Miles of Philadelphia & had
learned that there was a Man-of-War heaving down at Philadelphia,
& that the Trembleur Privateer was there likewise, butunrigg'cl, and
said further that they had a Consort Cruizing at the Capes of De-
laware, which came with them from Havannah, had 150 Hands on
board, & was mounted with fourteen large Guns; That the said
Privateer's Crew consisted of Spaniards, French men, many English
& Irish, some Dutch Men, many Mulattoes, & some Negroes; That
the Day before this Deponent was taken as aforesaid, he was chased
by two of the Enemie's Privateers into the said Bay, which he
judged to be the Clinton Privateer & her Consort.

" JAMES WHITE.
" Sworn before me,

"JO. TURNER."

Nicholas Eads of the City of Philadelphia, Mariner, being sworn
& examined before Joseph Turner, Esqr., one of the Justices, the
30th Day of May, 1748, Saith—

"That this Deponent with his Partner Pyramus Green, being
bound from Philadelphia to the Island of Bermuda in a Schooner
called the Phenix of Philadelphia, laden with Indian Corn & Bread,
was chased & taken on the 15th Instant, about 35 Leagues to the
South-Eastward of the Capes of Delaware, by a French Privateer
called the Clinton, commanded by Captain De Blane, with about
125 Men, and mounted with 12 Carriage Guns and about 18
Swivels; That whilst this Deponent was a Prisoner on board the
said Privateer, viz., On the 16th Instant, the said Privateer took
the Brigantine called the Richa, Captain Burke Commander, bound
from Philadelphia to London, about 25 Leagues to the South-East
& by South of the Said Capes; And on the 17th Instant they also
took a Sloop bound from Providence to Philadelphia, Commanded
by Captain George Smith, laden with Sugar & Indigo; and on the

PROVINCIAL COUNCIL. 263

twenty-first Instant the said Privateer took Hermophradite Vessel,
Captain Hinsley Commander, bound from Virginia for Bristol,
about 25 Leagues to the Eastward of Cape Henry; That on the
25th Instant the said Privateer Clinton coming to an Anchor in
Whorekill Road, within the Capes of Delaware, the said Cap'- De
Blane pressed the said Captain Burke & this Deponent very much
to Pilot the said Privateer Clinton up to Philadelphia, and they
telling him they were not well enough acquainted with the Bay, he
grew very angry and insisted they should carry him into the River
Delaware, and declared he should then know very well where he
was, & could find his way up to Philadelphia himself, having been
a Prisoner there ; but finding he could not prevail upon them to
carry him up into the River, nor get a Pilot from the Shore, he
broke out into a violent Passion, and soon after a Sloop heaving
in Sight and standing in for the Road, the Clinton weighed Anchor
& gave Chase to the said Sloop, and whilst they were in pursuit of
her they saw a Large Brig which stood towards them, & coming
up with them proved to be a French Privateer, commanded by Cap-
tain Bruneau, with 180 Men, and mounted with fourteen Carriage
Guns & 30 Swivels, & had been 33 Days out from Cape Francois,
& as they then declared, they had in that time taken 6 Prizes ; That
the said Sloop which the Clinton was in Chase of getting Clear,
they the next day stood in for the Shore, & seeing two Sloops
lying at Anchor at a place called Townsand's Inlet, about 16 Miles
to the Northward of Cape May, they manned out & sent two Boats
to board the said two Sloops, which when they had plundered they
left them & took one of their Boats to board the said two Sloops,
which when they had plunder' 'd they left them & took one of their
Boats which they gave to this Deponent & 27 more English Pris-
oners to carry them to the Jersey Shore.

"NICHOLAS EADES.
u Taken & Sworn before

" JO. TURNER/'

John Goodwin, of the City of Philadelphia, Carpenter, being
also Sworn & examined the 30th Day of May, 1748, Saith —

" That he was late a Passenger on board the Brigantine Richa,
Benj. Burk Commander, & was taken in her on the 16th Instant
by the French Privateer called the Clinton, as set forth in the pre-
ceding Deposition of Nicholas Eads, which being now read to this
Deponent, & he having been a Prisoner with the said Nicholas
Eads on board the said Privateer Clinton from the time of this
Deponent's being taken as aforesaid till their being put ashore on
the Jersey Coast ; he Saith that he likewise was privy to all the
Transactions related in the said Deposition from the time of his
coming on board the said Privateer Clinton, & that the same are
all true as set forth in the said Deposition. And saith further, that

264 MINUTES OF THE

he was told by some of the Crew belonging to the said Privateer
Clinton, whilst he was on board her, that they had been out from
Cape Francois between 8 & 9 Weeks, & in that time they had
taken Eleven Prizes, Five of which they had cut out of Oericott,
in North Carolina, where they went ashore, killed 70 or 80 head of
Cattle & plunder' d the Country, and also told this Deponent that
there were then 14 Sail of French & Spanish Privateers out Cruising
between Sandy Hook & South Carolina, viz., the said Privateer
Clinton, the said Brigantine, Commanded by the said Captain Bru-
neau, and a Schooner, all from Cape Francois, 3 from St. Donringo,
1 from Petit Guava, 5 from Augustine, but from what place the
other two came this Deponent does not now remember.

"JOHN GOODWIN.
" Taken & Sworn. before me,

"JO. TURNER."

The French Prisoners, brought in the Trembleur & her Prizes,
are order' d to be sent to Bucks County, & the Secretary to write
a letter to Coll0- Grayclon to escort them to Newtown Jayl.

Mr. Lawrence, Mr. Taylor, & Mr. Hopkinson are appointed a
Committee to consider how to form an Artillery Company, & to
confer with the Associators on this Subject, and it is recommended
to them to give this Affair ail the Expedition possible.

At a Council held at Philada., Wednesday, 1st June, 1748.

PRESENT :

Thomas Lawrence, Samuel Hasell, ]

Abraham Taylor, Robert Strettell, I -^

Benjamin Shoemaker, Lawrence Growden, j *

Thomas Hopkinson, William Logan, j

The Minutes of the preceeding Council were read & approv'd.

Mr. James Read, Notary Publick, with Captain Isham Randolph,
applied for Liberty to read a Protest, & having read a Paper he de-
liver'd it to the Board, & it is order'd to be entr'd :

"June 1st, 1748,
" Appear'd Isham Randolph, Commander of the Ship Rachel of
London, burthen 250 Tons or thereabouts, and declared that the sd-
Ship having been loaded in this Port with Lumber & Provisions &
bound on a Voyage from hence to the Island of Jamaica, the said
Ship sail'd from this Port on the 20th of this Instant, May, & fell
down as far as New Castle, on Delaware, where she was detained
until yesterday upon account of some of the Enemie's Privateers
being Cruising in and about this River; that yesterday Ballet,

PROVINCIAL COUNCIL. 265

Esqr., Commander of His Majesty's Sloop of War the Otter, being
then at New Castle aforesaid, gave the said Appearer Orders to re-
turn with the said Ship to this Port in order (as he alledg'd) to pre-
vent her falling into the Enemie's hands, which said Orders the said
Capt11- Ballet informed the appearer he gave him by virtue of direc-
tions he had received to that purpose from the Honoble. Anthony
Palmer, Esqr., President, &c, and therefore the said Appearer de-
clared to Protest against the said Captn- Ballet & all others concerned
in detaining the said Ship Rachel from proceeding on her said in-
tended Voyage, & ordering her back to this Port.

"ISHAM RANDOLPH.
" On the 1st June Mr. James Read, Notary Publick, applied to
the Council for Liberty to read Capt11, Isham Randolph's Protest, &
being admitted he read the foregoing Paper & then deliver' d it to
the Board.

"RICHARD PETERS, Sec'ry."

Mr. Voyall Chubb sent in a Paper to the Board purporting that
he had done his utmost endeavour to promote the Subscription peti-
tioned for on Monday, but despaired of Success, whereupon the Sec-
retary was order'd to tell him that the Council is sorry they & he
have had so much trouble to so little purpose.

At a Council held at Philada., Thursday, 2d June, 1748.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Abraham Taylor, "]

Robert Strettell, Benjamin Shoemaker, I-™

Lawrence Grrowden, Thomas Hopkinson, j \ '
William Logan, J

The Minutes of the preceding Council were read & approved.

A Letter from Governor Clinton was read & order'd to be en-
ter'd :

"New York, 30th May, 1748.
" Sir :

" I have Your favour of the 27th Instant, with several Papers
inclos'd, touching the Captures of a French & other Privateers on
your Coast, which I am sorry to hear of, and as You inform me that
the Spaniard designs a visit to this Port, I have inform'd the Mer-
chants thereof, in hopes that they will send out what Privateers are
here for the protection of their Trade. In the mean time I hope
that when Captn- Ballet is able to go out upon a Cruize he will look
in this way, otherwise the Trade of this Port must be obstructed as

266 MINUTES OF THE

well as your's. I have forwarded Your Letter to Governor Shirley,
and am with Respect,

" Sr- Your most obedient humble Servant,

"GK CLINTON.

" P. S. — Your Packets were safely deliver'd by Mr. Franklin.

" The Honble. Anthony Palmer, Esq." ,

A Letter from Governor Belcher by Express was read in these
words :
" Sir—

" Upon an Express I received this Day from Salem of several
French Privateers being; come up Delaware River as far as New
Castle & the Mouth of Salem Creek, a number of good hearty young
Fellows has been with me to offer themselves for the Service of
their King & Country, by making a Cruise in one of Your arm'd
Vessels, and the bearer, John Jolly, who is very forward in the
affair, carries this to Your Honour to be inform' d how forward your
Vessels, and on what Terms Men enter upon them, and I hope these
brisk young fellows will find Encouragement.

" I am, Sr"Your Honour's most obedt- Servant,

"J. BELCHER.

" Burlington, May 31st, 1748.

"The Honoble. the Presid*-"

To which the President return'd the following Answer :
"Sr-:

" The Spirit shewn by the good People of New Jersey is truly
commendable, & the Council is oblig'd to Your Excellency for the
dispatch with which You have been pleas'd to impart to us this
generous offer; but, alas, on the Assembly's absolutely refusing to
furnish Money, we think no Vessels of force are likely to be fitted
out. If there shou'd be any alteration of measures, the brave young
men of your Province will be the first in our remembrance, & have
early notice.

" I am, Your Honour's most obedient Servant,

"ANTHONY PALMER,

" Philada., 2d June, 1748.

" The Honoble. J. Belcher, Esqr."

The President & four Members sign'd a Commission to Abraham
Wiltbank to Command an Intelligence Boat & to wear a Flagg.

" By the Honoble. the President & Council of the Province of Penn-
sylvania.
" To Abraham Wiltbank of Lewis Town, Pilot, Greeting:

" Whereas, by reason of the Bay & River Delaware being now

PROVINCIAL COUNCIL. 267

greatly infested with the Enemie's Privateers, we have juclg'd it
necessary that some fit & proper Persons shall be forthwith employed
& commissioned to observe & give us constant Intelligence of the
Motions & Designs of the said Privateers; And We have thought
you fitly qualified for that purpose, & confiding in Your Loyalty,
Vigilance, & Integrity, Do hereby Grant Commission to authorize
and appoint You the said Abraham Wiltbank to fit out & command
an Intelligence Boat for the purposes aforesaid, & therewith imme-
diately to proceed & continue to pass & repass down & up the said
River & Bay (During our Pleasure) in order to discover, observe, & get
all the Informations & Intelligence you possibly can of the motions,
force, & designs of the said Privateers or other his Majestie's Ene-
mies, & from time to time bring or transmit to Us with the utmost
Expedition full Accounts and Advice thereof, Hereby giving &
granting to You Licence & Authority during your acting & continu-
ing in the same Service to hoist & wear in Your said Boat A Reel
Pendant with two white Cresses, and for your so doing this shall be
your Warrant.

r Given under our Hands in Council & the Lesser Seal of the said
Province, at Philadelphia, the 3d of June, in the Twenty-first
Yrear of His Majestie's Reign, Annoqz Domini, 1748.

" ANTHONY PALMER.

Another of the same Tenor was Sign'd to John Maule, authoriz-
ing him to wear an English Jack.

The Brigantine Chesterfield, Captain Coatam, going to Jamaica,
the Board thought proper to take this opportunity of obliging Cap-
tain Coatam to take the remainder of the French Prisoners under a
Flagg of Truce, & deliver them in some Port in the Island of His-
paniola, and Captain Coatam appearing in Council, he agreed to
take Eighteen.

A Letter from Coll0- Gragdon was read, purporting that he had
communicated the Council's Orders to some of his Officers & their
Men, & that they chearfully offer' d to meet the Prisoners at Ne-
shaming Ferry & conduct them safe to Newtown.

' Mr! Lawrence & Mr. Taylor inform' d the Board that at their re-
commendation an Artillery Company was form/d & the Officers
chosen on the Plan of the Association, & desired that their Return
might be read & a Commission issue to Captain Sibbald to com-
mand the Batteries. The Return was read £ a Commission order' d
accordingly for Captain Sibbald, to be drawn by the Attorney Gen-
eral.

268 MINUTES OF THE

At a Council held at Philadelphia, Friday 3d June, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor, ~)

Lawrence Growden, Thomas Hopkinson, v Esqrs.

William Logan, )

The Minutes of the preceding Council were read & approv'd.

The President reported the weak & defenceless Condition of the
Town of New Castle, that they had but 4 (kins, little or no Pow-
der or Ball, & pray'd that some Expedient might be falPn on to
supply them with Cannon & necessary Amunition j & thereupon
Mr. Hopkinson & Mr. Strettell were appointed a Committee to ap-
ply to the Gentlemen Associators or others for Cannon, &c, for the
use of the Fort at New Castle.

Information was given by some Englishmen who were taken by
the Enemie's' Privateers & put ashore, that there was an Enemy's
privateer off of Cohansy, & that there were two others at the
Capes.

Order' d, That the keeper of the Powder House be sent for, &
being come and examined as to the condition of the Powder House
& the number of Men who had watch' d there, & how many were
necessary to guard it as a watch, it was order' d by the Board that
the Windows shou'd be stopp'd up, & that four or five Men shou'd
be kept in Pay at 4s. |p Day for a Guard.

The Board took again into consideration whether the Assembly
shou'd be call'd, & after a long time spent therein, it was unani-
mously agreed to call them to meet on Wednesday next, the 8th
Instant, & Writts were accordingly Sign'd to the Sheriff's to Sum-
mon the Representatives.

A Petition of John Jones, Convicted for being concern'd with
some others in Coining Mill'd Dollars, was read, praying he might
be releas'd out of Jayl on his enlisting to serve his Majesty. The
Petition was granted. Another of the same Tenor was read from
Stephen Barnes his Associate & Granted.

At a Council held at Philadelphia, Monday, 6th June, 1748.

present : !

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, ")

Robert Strettell, Benjamin Shoemaker, v Esqrs.

Thomas Hopkinson, J

The Minutes of the preceding Council were read and approv'd.

PROVINCIAL COUNCIL. 269

The Board taking into Consideration the many Inconveniences
arising from the want of a Block house & Magazine at the Grand
Battery, order'd the attendance of the Managers for the Associators
to-morrow morning, to confer with them on this affair.

Some Vessels having arriv'd safe from Sea, the Board consider'd
whether the Emhargo shou'd be taken off, but Mr. Taylor, the Col-
lector, saying that one of the Captains told him on delivering his
Papers that he was chas'd for several hours by a Privateer Brig
about 5 Leagues off of Cape May, & the further Consideration thereof
is postpon'd till to-Morrow.

Mr. James Read, Clerk of the Supream Court of Pennsylvania,
& Clerk of the Court of Oyer & Terminer & General Goal Delivery,
deliver' d into Council an Exemplification of the proceedings of a
Court of Oyer & Terminer held at Philadelphia from the 23d to the
28th May, by which it appears that one Alexander Urie of the said
County of Philadelphia was convicted & sentenced to Death for the
Murther of Arthur McGinins of the said County, &, that by order
of the Court Execution of the said Sentence was respited for four-
teen Days. No Report having as yet been made by the Judges of
the Supreame Court, the Council order'd the Exemplification to lye
upon the Table.

The standing Committee appointed to confer with Captain Ballet
are desir'd to press him to use all the Expedition possible in fitting
out this Ship that the Vessels that are now ready to Sail may be
no longer detained.

Mr. Taylor & Mr. Hopkinson are appointed a Committee to draw
a Message to the Assembly.

Order'd, That the Secretary prepare an account of all Moneys
disburs'd . & receiv'd on account of Indian Affairs during the
Council's Administration.

At a Council held at Philadelphia, "Wednesday, 8th June, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, "")

Robert Strettell, Joseph Turner, v Esqrs.

Thomas Hopkinson, William Logan, )

The Minutes of the preceding Council were read & approv'd.

Lieutenant George Cotnam, of the Honoble. Lieutenant General
Philips' Regiment of foot at Annapolis Royal, appear'd before the
Board, & having produced His Majestic' s Letters authorizing Coll0,
Philips to raise Volunteers in any of the Provinces of North
America to fill up the Companies of his Regiment to the numbers
allow' d upon the Establishment, he had leave to -beat up for Volun-
teers in any part of the Province.

270 MINUTES OF THE

The Committee for drawing the Message to tlie Assembly de-
liver'd in their Draught, which was read the first time entirely
thro' and then Paragraph by Paragraph, & after some alterations
the Draught was approv'd.

Mr. Hopkinson reported that he had procured an Order for 4
Six-Pounders to be deliver'd to the Presid'- or his order for the use
of the Town of N. Castle. The Board took further into Considera-
tion the taking oif the Embargo, & resolv'd to take the sense of the
Merchants this Evening, in order to come to a conclusion.

At a Council held at Philadelphia, Thursday, 9th June, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, ~\

Robert Strettell, Benjamin Shoemaker, y Esqrs.

Joseph Turner, Thomas Hopkinson, j

The Minutes of the preceding Council were read & approv'd.

The Message to the Assembly being transcrib'd fair was again
read, & it was put to the Vote whether it shou'd be agreed to. It
pass'd in the Affirmative, Mr. Shoemaker & Mr. Logan only dis-
sentient.

A Message from the President & Council to the Assembly.
u Gentlemen :

u The reason for calling You together so soon after your adjourn-
ment will appear from the Depositions & Papers herewith laid be-
foro You, and tho' You have hitherto refused to grant Money for
the protection of the People or the Trade of this Province, yet as
we think it our Duty, You .must excuse Us if in this time of gen-
eral Calamity we again press You on that disagreeable Subject in
hopes that the miserable Circumstances to which we are now
reduc'd may at length prevail with You to provide a proper
Remedy.

" At the time of Your last Sitting our Port was actually block'd
up by the Enemy's Privateers; they have since grown more nu-
merous and have taken almost all our inward bound Vessels, using
our Countrymen with great Barbarity. One of them, a large
Spanish Privateer with 160 Men on board, came up the River as
high as Elsenborough, where she came to an Anchor without being
discovered to be an Enemy, & intended next morning to take a
Ship then lying before New Castle & burn the Town, which they
had certainly effected had not an Englishman swam on shore in
the Night and alarmed the Inhabitants. 'Tis true most of t
Privateers are now thought to be gone off with their Prizes, but

PROVINCIAL COUNCIL. 271

'tis reasonable to suppose they will soon return for more, or that others,
encouraged by the fame of their Success, will supply their Places.

" During the Enemy's stay in the River they took a great num-
ber of small Craft & thereby gained exact Intelligence of what
pass'd among us ; and it is not unlikely but that among other things
they had learn' t the Resolutions of your House, and had a Depend-
ance that no Vessel of War would be fitted out against them by
this Government, otherwise' they might have expected their Inso-
lence & Cruelty would not have gone unpunished, it being an un-
usual thing for Englishmen to bear tamely, & without resistance,,
the Insults of so despicable an Enemy — Crews of Negroes, Mulat-
toes, & the very Dregs of Mankind.

" Soon after Your adjournment His Majestie's Sloop, the Otter,
under the Command of Captain Ballet, arrived here; but not being
in a Condition to proceed immediately on a Cruize, and being be-
sides a Vessel of small force insufficient without an Assistant to
attack such a number of Enemies, We have hitherto reap'd no ad-
vantage from her arrival. She is now Careen' cl, & we hope will
soon be fit for Service, to which End the Captain assures Us noth-
ing in his Power shall be wanting. And we have dispatch'd an
Express to Virginia in order to procure, if possible, the Hector Man-
of-War to join her; But as the obtaining this Assistance, and its
continuence if obtain'cl, are on many accounts uncertain, We have
thought it absolutely necessary that a Ship of War shou'd be fitted
out by this Province to be join'd with the Otter for the protection
of our Trade, the Consideration whereof we now earnestly recom-
mend to Your House ; and that You would accordingly furnish a
sufficient Sum of Money, which we assure You shall be applyed
faithfully to that purpose, and with the utmost frugality. You will
herewith receive an Estimate of what we judge the Charge will
amount to by the Month, which we shall endeavour to lesson as
much as possible.

" We find that it has been the opinion of Your House that the
KeepiDg a Vessel constantly at our Capes to guard the Coast will
be introductive of an Expence too heavy for the Province to bear,
and too great a Burthen on the Inhabitants. But if our Port con-
tinues block' d up; if not only our inward bound Vessels must be
taken, but those in Port dare not venture out, whereby the perish-
able Commodities with which they are laden spoil in the hands of
the Merchants ; if those Colonies that us'd to take off great part of
our produce are discouraged from sending their Vessels hither, &
endeavour to be furnish' d, as they maybe, with the same Commodi-
ties at a safer. Port ; if by these means our Trade diminishes, being
turn'd into another Channel, our Produce sinks in value, & every
necessary Commodity from abroad is enhanc'd in Price ; if thro' the
Decay of Business our Merchants fail, our Tradesmen want Employ-
ment, our Farmers are reduced to Poverty, our Inhabitants remove,

272

MINUTES OF THE

and our Lands and Houses fall far below their present worth, all
natural Consequences of an obstructed Navigation, We beg You
would consider whether these will not prove Burthens vastly heavier,
and to which that of Keeping a Vessel to protect our Trade bears
no proportion. We having good Grounds to assure You that the
loss sustained within one week only amounts to a much larger Sum
than would be necessary to be expended in guarding our Coast for
several Years. We shall only add that if there shou'd not be
Money enough at present in the Treasury, a sufficient Sum might
readily be raised by way of Loan on the Credit of a Vote of Your
House.

"ANTHONY PALMER.
"June 9th, 1748/'

The Estimates of the Charge attending the Equipment of a Col-
ony Vessel for the protection of Trade was read & approv'd :

An 'Estimate of the Charge attending the Equipment of a Colony
Vessel for the protection of our Trade. &c :

The Vessel to be hired with her Ordnance, Stores, Arms, &

Amunition, about £300 ^ Month

Giving the Owners Security to make

good all Damages hy Engagement, or if lost.
120 Men, Commander & Officers in-
cluded, Wages, viz. :

Commander ^ Month -

Lieutenant - -

2d Lieutenant -

Master __'-_-.

Mates — 2, @ £6 10s. each -

Gunner

Surgeon

Surgeon's Mate

Carpenter -

Carpenter's Mate

Quarter Masters — 2, @ £5 5s. ea. -

60 Able Seamen @ £5

47 Landsmen @ £3 10s.

Victualling Bill for 120 Men ^ Month, -

Medicine Chest for the Cruize,
Stores for Officers for the Cruize,
Ditto for the Company for the Cruize,

£300 0 0

£13 10 0

10 0 0

8 0 0

8 0 0

13 0 0

6 10 0

6 10 0

5 10 0

6 10 0

5 10 0

10 10 0

300 0 0

164 10 0

£558 0 0
130 0 0

.

£988 0 0

£85 0 0
45 0 0
55 0 0

£185 0 0

PROVINCIAL COUNCIL. 273

The Consideration for smart Money, usually paid by His Majesty
& private Ships of War to those who are maimed or wounded in
Engagements with the Enemy, ought to be estimated & are allowed
in this Port f Articles :

For Loss of a Leg or Arm - £150

For Loss of an Eye - 90

For Loss of a joint »'--.-, SO

Mr. Ogle's Letter was read & order'd to be enter'd:

"Annapolis, 31st May, 1748.
"Sir:

" Our Assembly has sow been sitting for three Weeks, and the
ILower House came to a Resolution sometime ago not to make any
allowance for the Indians. This I deferred giving You an Account
of as the G-entlemen of the Council, out of their great Inclination
to promote this Service, flatter' d themselves that We might have
been able to induee them to change their Sentiments ; But as we
now begin to despair of doing any thing to the purpose, I give You
this Notice, very much to my mortification, having done every thing
in my power to have answer' d your reasonable Expectations. I am,
a Sr'' Your most obedient humble Servant,

"SAM.. OGLE.
"Anthony Palmer, Esq."

A Message from the House by two Members that the Represen-
tatives were met according to Summons & ready to receive what the
Council has to lay before them. They were told by the President
that he wou'd send a Message in the Afternoon.

Abraham Wiltbank, Commander of one of the Government Pilot
Boats, bringing advice that he had been for a Day or two off of the
Capes & met with no Enemie's Vessels—the Embargo was taken
off

At a Council held at Philadadelpkia, Friday, 10th June.

PRESENT :

The Honoble. ANTHONY PALME&, Esq., President
Samuel Hasell, Joseph Turner, "J

Abraham Taylor, Thomas Hopkinson, I Esqrs. ,

Robert Strettell, William Logan, j

The Minutes of the preceding Council were read & approv'd.

Captain Ballet applied to the Board for an Assistant, setting
forth that he shou'd not be of sufficient force to protect the Trade if
CaptD- Masterson shou'd not be in a Condition to come to his as-
sistance. The Captain was told there was now a Message before
VOL. v. — 18,

274 MINUTES OF THE

the Assembly on this Subject, to which they had not yet gives
their answer.

The Secretary informed the Board that the present Surveyor
General, Mr. William Parsons, finding his Health decline, desir'd
leave to resign his Office, & Mr. Nicholas Scull being thought the
properest Person to succeed him, his Commission was ordered to be
made out,

A Petition from Alexander Ure, under Sentence of Death for
Murther, was read, praying a Reprieve for twelve Months,

The Council not having yet received the Report of the Judges
the Consideration thereof is postpon'd.

The Secretary is ordered to remind the Speaker of the several
Orders issued by the Council for the safety of the Province & City,,
and of the Expence that will accrue thereon, & to know of him if it
be necessary to send a particular Message to the House oa this Sub-
ject.

At a Council held at Philadelphia, Saturday, 11th June, 174$.
present:

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, \

Robert Strettell7 Thomas Hopkinson, ;f- Esqrs*.

William Logan, J

The Minutes of the preceding Council were read and approv'd.

A written Message from the Assembly was deliver' d by two Mem-
bers to the President before the Board met, who at the same time
said they were directed to inform the Council that the House in-
clin'd to adjourn to the time of their last adjournment, if there wag*
no further Business to lay before them.. The President told them
they shou'd receive an answer when the Council met.

The Message was read in these words :

A Message t& the President & Council from the Assembly,
" May it please the President & Council :

" That we refused to- grant Money in the manner You have some-
times thought proper to apply for it is very true, & yet we think the
Charge You are pleas'd to make against us in your last Message, of
our having ' hitherto refus'd to grant Money for the protection of
the People and the Trade of this Province/ is too generally ex-
pressed. That Government ought to he honourably supported, &
that we ought to contribute towards it proportionally to our Cir-
cumstances, have been both our Sentiments & Practice; And the
1 protection of the People & the Trade of the Province/ we look
upon as principal Parts of the Duty of those by whom this Support

PROVINCIAL COUNCIL. 275

h received; And wherever those in whose Hands the Executive
Powers of Government have been or now are in discharge of what
they conceive to be their Duty, are or shall on any Emergency be
put to an Expence for the Good of the Province which the Assem-
blies have or hereafter shall judge reasonable, as we remember no
Instances past, so we believe not any such will hereafter happen
wherein a suitable Provision will not be made in the support of
Government.

" We would not from hence be understood to encourage your put-
ling the Province to any extraordinary Expence at this time, and
particularly in hiring and fitting out a Ship of War, which we think
unnecessary, & which, from the Estimate You were pleased to send
us, amounts to near £1,000 ^jJ Month, besides the Risque and Re-
pairs of the Vessel ; a Burthen we now think, as formerly we have
thought, too heavy for the Province to bear.

aThe answer You are pleas'd to give to this objection consists
only in pointing out the Consequences You are pleas'd to suppose
may attend the blocking up our Ports, &o. But in the Judgment
You form on this Occasion you seem to consider the Province in-
dependent • as neither intitled to nor having reason to expect any
other Protection or Defence but such as it is able to provide for itself.
If this were really the Case, the Dangers You apprehend might be
better grounded— it being evident that were the whole Province to
exert themselves to the utmost of their abilities, it would not be suf-
ficient to protect them against such a force as might possibly come
against them.

" The late Attempts appear by the Depositions you were pleas'd
to lay before us, to have been made by three Privateers who did not
come altogether, And if an additional Ship of War was necessary
in that Case, is it not possible that double the number of Privateers
may come, and will not by the same reasoning a double number of
Ships of War be necessary ? Is the Province able to bear such an
Expence ? Or is it reasonable to suppose that when by the favour
of the Crown one Vessel is station' d among Us, and the assistance
of another enjoin'd if it shall become necessary, that it was not in-
tended to relieve the Province from a Burden it was judged unfit to
bear ? Can it be prudent to strain our Circumstances and load the
Province with so heavy an Expence after the Provision thus made
for us ? And might not the making such farther Provision deprive
the Province of the Vessel which by the Lenity of the Government
is already provided for guarding our Coast & protecting our Trade
free from any Expence to us 1

u In times of War it is not to be expected but that losses will
happen ; the Channel of England we suppose hath been as well
guarded of late as ever, and yet as we are informed not less than 5
out of 6 Vessels which Sailed from this Port within the space of 15
Months last past have been taken, & but one of them on our Coast.

276 MINUTES OF THE

The Estimate You have been pleased to make of the Losses whicli
lately happen'd is in our opinion much too large. Two of those
Vessels (one of which was the most valuable of those lately taken),
were taken at a distance from our Capes, and this might have been
the Case if a Ship of War had been Cruizing there.

u On the whole, as You are pleased to inform us that most of the
Privateer (we suppose all) are gone off, that the Ship of War in our
Port will soon be fit for Service, and that You have dispatch'd an
Express to Virginia in order to procure the Hector Man-of-War to
join her, if the Commander of that Ship be, as we are told he is,
instructed to assist the Otter when it is necessary, there is no reason
to doubt but he will Comply with his Instructions, and this on the
present occasion is all that appears to us necessary. And we must,
therefore, desire to be excused when we declare that we cannot con-
curr in opinion with You that it is at this time necessary a Ship of
War shou'd be fitted out by this Province.

" Sign'd by Order of the House.

f* JOHN KINSEY, Speaker.

"4th Mon. 11th, 1748."

While the Message was reading a second Message was deliver'd
by two Members from the Assembly that the Country Members
were impatient to be gone, & desir'd to have the Council's answer
as soon as possible.

A Member of Council coming in the Message was order' d to be
read again, but before this cou'd be done two Members came with
a third Message, that the House having for some time finished all
their business & determin'd to adjourn, they were impatient for the
Council's answer. They were told that the Message was so lately
deliver'd that the Board had not time to consider it, to which one of
the Members reply'd they might have had it sooner if the Council
had sat sooner.

The Board conceiving themselves ill used by these frequent Mess-
ages coming so quick after one another, & that the House was not
in temper to stay till a proper answer cou'd be made to their Mess-
age, which appear" d at first Sight exceeding faulty & full of false
reasoning, concluded to send the Secretary to tell them that after
what the House had said in their Message, they think it will be to
no purpose to say any thing further to them.

The Secretary inform'd the Board that he had deliver'd to the
Speaker what was given him in Charge yesterday, & he frankly de-
clar'd that there was no manner of occasion for a Message with
respect to Expences already accrued or that shou'd accrue on the
Orders the Council judg'd necessary to give for the Publick Safety.

Mr. Kinsey as Chief Justice waited on the Council & related the
proceedings of the Court of Oyer & Terminer, whereby it appear'd

PROVINCIAL COUNCIL. 277

that Alexander Ure liv'd in an illegal manner with another Man's
Wife, & the People frequently threw Stones on his House top, &
that in the night time that in particular stones were thrown by
McGinnis or his Company that very Night, & that Ure in a passion
having his Gun loaded with a Ball, fir'd at McGinnis in the Dark,
& lodg'd the Ball in his Neck, so that he dyed immediately.

In regard there was but a slender Board it was thought proper to
postpone the consideration of Ure's Petition till another time.

At a Council held at Philadelphia the 14th June, 174&.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, Samuel Hasell, ~\

Abraham Taylor, Robert Strettell, V Esqrs.

Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

The Board taking into consideration the last written Message
from the Assembly, and the repeated importunate verbal Messages
following it, that the House was determined immediately to adjourn
if the Board had no other Business to lay before .them, &c, and
their adjourning accordingly before the Board had an opportunity
of reading, considering, & replying to the said written Message,
unanimously

Resolved, That it was never understood in this Province that the
Salaries voted to Governors for their Support were intended to be laid
out in protecting & Defending the People & Trade of the Province,
otherwise those Salaries ought to have been much larger in time of
War than in time of Peace, which has not been the Case ; and as the
Council receive no such Salaries tho' they bear an Equal share of
all Taxes in proportion to their Estates, it is unreasonable to ex-
pect they should if they were able advance out of their private
Fortunes such Sums of Money as may be requisite on any emer-
gency to be expended for the Publick Safety, upon no better Secu-
rity than the belief of the present Assembly that future Assemblies,
if they shall judge it reasonable, will probably repay them.

Resolved, That there is no probability that others will be induced
to advance their Money to the Government for publick Service on
so uncertain, obscure, and evasive a declaration as is contain' d in the
last Message of the Assembly, their being repaid again depending
on the Good will and pleasure of the House, to be obtain' d by hum-
ble petitioning and by submissive personal Application to the Mem-
bers, and on the Judgment the House may happen to form of the
reasonableness of the undertaking in which the Money was ex-
pended, especially when it is consider' d that it is the known opinion

278 MINUTES OF THE

of the People calPd Quakers (of whom the Assembly chiefly con-
sists), that all warlike preparations for defence are so far from being
advantageous to the Publick that they have a direct contrary ten-
dency (from whence it may be reasonably supposed such an
Assembly are unfavorable as well as incompetent Judges of the
Expediency of any military undertakings whatever), & that far
from offering to repay, the House has never so much as thank' d
those that by private Subscriptions fitted out a Vessel the last Year
to scour our Coast; but instead thereof publickly disapproved their
Conduct in a late formal Message to this Board.

Resolved, That the Assembly have therefore at this time, by the
declaration made in their last Message, done nothing for His Ma-
jesty's Service or for the Security of the People & Trade of this
Province, for which Ends they were call'd together.

Resolved, That it is the opinion of this Board that the Sum of
Three thousand, or at most four thousand Pounds, including all
Charges, would have been sufficient, according to the Estimate laid
before the Assembly, for equipping & maintaining a Vessel of War
to Cruise the remaining Summer Months as an Asistant to the
Otter Sloop, & that such a Sum could by no means have been a
Burthen too great for this Province to bear, might have been of the
greatest Service to the Publick, & paid or rais'd in a manner that
would not have been felt by the Inhabitants; and that if one single
Ship should be taken for want of it, the loss might be many times
greater than such Expence, besides enriching & strengthening our
Enemies.

Resolved, That the reason given in the Assembly's Message why
no Provision at all shou'd be made for our Defence, viz. : " Be-
cause, were the whole Province to exert their utmost abilities it
would not be sufficient to protect them against such a force as might
possibly come against them, &c./; is evasive & trifling, and might
equally prove the inexpediency & folly of making any preparations
for defence in any Country in the world, since the strength of no
one Nation is equal to a force that may possibly be brought against
it. But because we are not able to provide against the greatest
possible force, that therefore we should make no Provisions at all
for our protection, is, in the opinion of this Board, a most extraor-
dinary Conclusion.

Resolved, That the fact addue'd in the Assembly's Message to
prove the inexpediency or rather the mischievious Consequence of
guarding any Coast, and that an unguarded Coast is the safest, viz.,
"Because out of our five London Vessels lately taken four were
taken in the well-guarded Channel of England, and only one in our
unguarded Coast, &.C.," is not fairly stated, nor the whole truth
honestly related, it being well known that most of those taken in
the Channel sail'd from hence in the Winter, when the Privateers
of the Enemy cannot for the cold abide on onr Coast, which there-

PROVINCIAL COUNCIL. 279

fore at such a time needs do Guard; that the Richa with several
other Vessels which SaiPd from hence this Summer clearly were
taken on our Coast for want of a Guard; that two of those taken
In the Channel were retaken & sent into England before they
reach'd the Enemie's Ports, which evidently shews the guarded
Coast is the most advantageous, since nothing of all they took on
our Coast has been retaken from them by any Guardship of ours?
& one half of what was taken in the Channel was recovered * be-
sides that the Privateer which took on the British Coast of the two
the Enemy carried off, was herself taken by an English Man-of-War,
which must have diseourag'd & weaken' d the Enemy in some degree,
and thereby tended to the greatest Security of that Coast for the
future ; while the continual losses on our Coast, without resistance
or reprisal, being so much clear gain to the Enemy, must not only
encourage them to come again but enable them to come with greater
force.

Resolved, That it is the opinion of this Board, the fitting out a
Ship-of-War to act in conjunction with the Otter Sloop, which we
have been lately favoured with by the Crown for the protection of
our Trade, would not probably have any tendency to the depriving
us of that Vessel, no such effect having ever been observ'd in the
neighbouring Colonies of New England, New York, Virginia, South
Carolina, or the West India Islands, which have almost all at times
found it necessary, notwithstanding the Guardships stationed among
them, to fit out Vessels of War to act in conjunction with those
Guardships, or independant of them as Circumstances required; &
they have been found very serviceable, being immediately under the
Command of their respective Governments, &, obliged to Cruize
when & where those Governments thought fit to order, which the
King's Ships are not; And when any further assistance from the
Crown has been asked it has always been judg'd of Use to shew
that the Colony requesting such assistance is not backward, but has
already done or is willing to do a^l in its own Power, which was
never yet observed to occasion the withholding such Assistance or
the withdrawing what had beea before granted.

Resolved, That when the Assembly is called by the Governor or
"by the President & Council to consult on Matters of the highest
Importance His Majesty's Service and the Safety of the People,
their determining hastily to adjourn, without giving time for an
^explanation of what might be misunderstood, or for producing any
further reasons in support of what is proposed to them, or for any
answer that might clearly obviate their objections (as hath been
often practised by the Assemblies of this Province) when a thorough
discussion of the Point by calm & temperate Debates or Messages,
might bring both Parts of the Government to be of the same mind,
is indecent & improper, inconsistent with the Nature of good Gov-
vernment, & may in its Consequences be very injurious to the

280 MINUTES OF THE

King's Service, & equally prejudicial to the People whom they
represent.

The Express sent to Yirgmia return' d this , Day & brought the
following Letter :

"June 4th, 1748.
"Sir:

" This morning about ten o'Clock I received Your Letter with
the inclosed Affidavits ; but before I set down to answer it I sent an
Express to Captain Norbury, who Commands His Majesty's Ship
the Loo, and is at present upon this Station, with a Letter giving
Mm an account of the purport of yours, but I fear he is gone to-
Sea, for he inform' d me yesterday he would sail to-Day, if not I
am perswaded by what I have wrote he will take a Cruize your
way, for he is a very alert k diligsnt Officer. He brought in three
Days ago two Privateers, one from the Havanna, with 12 Guns, 16
Swivels, k 140 Men, the other from St- Augustine, with 4 G-uns,
some Swivels, & 40 Men j during his Cruize we were alarm'd with
a Spanish Privateer being got into our Bay, nor are our fears over,
iho' he promises to make a clear Stage ; he has taken the largest
Prize to Sea with him.

" Our Fleet is not yet arrived, nor had we any Certainty of their
Sailing till yours came to hand ; however, I sent the inclosed for
Captain Masterson, with that for the Purser of the Loo to Hamp-
ton, seeing the former may be every Day expected.

u I am become a very bad scribe, therefore I hope you'll eseuse
all blunders, k beleive that I am with great respect,

" Sir, Your most obedient humble Servant,

« will; gooch.

" The Honoble. Anthony Palmer, Esqr "

A Petition was read of William Clark, praying he may be ap-
pointed to succeed Mr. Morgan as Measure Sealer.
Order' 'd to lye upon the Table.

At a Council held at Philadelphia, Thursday I6th, June, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., Presidu
Abraham Taylor, Robert Strettell, "1

Joseph Turner, Thomas Hopkinson, J- Esqrs,

William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Board resum'd the Consideration of Alexander Ure's Peti-
tion, & being inclinable to reprieve him till the Governor's arrival,

PROVINCIAL COUNCIL. 281

the Secretary was order' d to consult the Attorney General on
the words of the Royal Charter relating to Persons found guilty of
Murder.

Mr. Burcji appear' d before the Council & Petition 'd that the
Board wou'd release him from his Contract to carry 35 french Pris-
oners to Leoganne for £32, alledging he was apprehensive the
French wou'd take reprisals for some of their Flaggs of Truce that
had lately been seized in America ; & likewise that the number
being too great they might rise & force him to carry them directly
to Hispaniola, which would be detrimental to him, since he was
oblig'd to touch at Burmudas and leave some goods there. After a
long debate it was insisted on by the Board that he shou'd carry 18
Prisoners for £18, & the following Letter was wrote to the French
Governor at Hispaniola :

"Philada., June, 16th 1748.
" Sir :

" A number of Prisoners brought in here by our Privateers were
likely to continue a long time for want of vessels to carry them
off had I not, in compassion for them, laid my Commands on Mr.
Burch, one of the Owners of two Sloops bound to Jamaica (but
under a Contract to touch at the Island of Bermudas in order to
deliver there a few Goods) & oblig'd him to carry the Prisoners to
Leoganne & deliver them to your order. Mr. Burch has made
abundance of objections, & is really possess' d of fear least the
honour due to the Flagg should not be paid to him, as he has a
Jamaica Cargo on board ', but I have assured him that from the
Character Your Excellency bears he will run no risque of this kind,
especially since I do hereby Certify that he is press' d by me into the
Service. Captn- Brownlow, in one of the said Sloops call'd the Royal
Ranger, waits on Your Excellency with this Letter, & I most
heartily recommend him as well as Mr. Burch to your favor,
not doubting that every thing will be made agreeable to them,

" I am, &c,

"ANTHONY PALMER.

" His Excellency Monsr- De Chastenoy, Govr< at Petit Goave."

The following Pass was Signed by the President :
" Philada., ss.
"By the Honourable ANTHONY PALMER, Esq., President of

the Province of Pennsylvania, & the Government of the Lower

Counties of New Castle, Kent, & Susex on Delaware : To all to

whom these Presents shall come Greeting :

" Whereas, I have authorized & appointed as I do by these Pre-
sents authorise & appoint Brownlow, Commander of the

Sloop Royal Ranger, to wear & go under a Flag of Truce from this

282 MINUTES OF THE

Port of Philadelphia to Leaganne, or to any other Port in the
Island of Hispaniolia, in order to carry Nine Prisoners of War,
Subjects of His Most Christain Majesty.

" These are, therefore, requiring all & singular whom it may con-
cern, to suffer the said Captain Brownlow with his said Sloop,
Crew, & Passengers to pass freely and quickly without any Let,
hinderance, or Molestation to the aforesaid Island of Hispaniolia, &
from thence to the Island of Jamaica. Given under my Hand &
Seal-at-Arms at Philadelphia aforesaid, this 22d day of May, in the
Twenty-first Year of the Reign of His Majesty King George the
Second, Annoqz Domini, 1748.

" ANTHONY PALMER."

A Letter & Pass of the same Tenor with the above was prepaid
for Captain Coatam, to Cape Francois.

Captain Coatam was sent for & told that the Council understood
he only intended to carry 18 French Prisoners, but it was their
Express Order that he shou'd carry 30. The Captain said he would
acquaint the Owners with their Honour's Commands.

Captain Ballet inform'd the Council that he cou'd not Sail for
want of Men, & shou'd therefore be put under the disagreeable
necessity of pressing if no other Method cou'd be found to furnish
him with his Compliment.

It is the opinion of the Board that the best way to avoid the
Inconveniences of pressing Men, wou'd be to give a Bounty to as
many Seamen as wou'd voluntarily enter on board, but as the
A^embly has made no Provision for the Payment of such Bounty,
the Board have it not in their power to assist the Captain as they
are desir'd ; the Secretary may, however, apprise Mr. Kinsey of
this matter, & if he thinks this method reasonable & will advance
the Money, the Board will give an Order for it upon him as
Trustee, as they are inform'd there is no Money in the Treasury, in
which may be likewise included the Sum expended for Supernu-
merary workmen employ'd in Careening ye Otter.

At a Council held at Philadelphia, Friday, 17th June, 1748.

PRESENT I

}

Samuel Hasell, William Till,

Abraham Taylor, Robert Strettell, J-Esqrs.

Joseph Turner, Thomas Hopkinson,

The Minutes of the preceding Council were read & approv'd.
Captain Thomas Jenkins arriving this Afternoon, after having
been taken by a Spanish Privateer at the Capes, the Secretary took

PROVINCIAL COUNCIL. 283

his Examination, which he depos'd before Mr. Turner in these
words :

" Thomas Jenkins, Captain of the Sloop Industry, being sworn
on the Evangelists of Almighty God, deposeth & saith, that he
sail'd from Boston in the said Sloop Industry bound to Philadel-
phia, & on Wednesday the 15th Instant about Eleven a' clock in the
morning, being about five Miles from Cape May, he was taken by
a Spanish Privateer from the Havannah commanded by Don Joseph
Hannoteau, mounted with six Carriage Guns & about ten swivels,
having on board about forty Men to the best of this Deponent's
Judgment. And this Deponent further saith, that there were
then in Sight two Ships, three Brigantines, & one Sloop, which he
verily believes to be Enemies Vessels, as the said Sloop by which
he was taken came from amongst the said Vessels & return'd to
them ) and that one of the said Ships is a large Ship of upwards of
Thirty Guns & has Top Lights & Poop Lanthorns ; That he was
plundtr'd of every thing that was valuable, & then they gave him
his Vessel and set him at Liberty. This Deponent further saith,
that he saw one of the Brigantines fire upon a Pilot Boat that was
about three Miles to the Eastward of this Sloop, & believes she was
likewise taken as he saw nothing of her afterwards.

"THOMAS JENKINS.
" Sworn this 17th June, 1748, before me,

"JO. TURNER."

On considering this Deposition the Members present concluded
to send an Express to Govr> Gooch, with the following Letter :

"Philadelphia, 17th June, 1748.
"Sir:

" I have the honour to acknowledge the Receipt of Yours in
answer to the Council's Letter, by the Express. It was exceeding
kind in Your Excellency to dispatch a Messenger so soon to Cap-
tain Norbury, & we hope your Letter reach' d him before he went to
Sea.

u This afternoon arrived here one Captain Jenkins, who was taken
off our Capes, & having made Oath to what pass'd, the Council
think the Contents of his Deposition to be of so much Consequence
that they have immediately dispatched a Messenger to apprize Your
Excellency thereof, that You may give notice to the Vessels which
are ready to Sail, & likewise may make Captain Masterson ac-
quainted with the arrival of this fresh Set of Enemies' Privateers.
By the Accounts of several Persons who have seen Don Pedro's
Ship at the Havanna, the great Ship mention'd in Jenkins' Deposi-
tion must be the same, & the others his Consorts.

" The Council desire me as Eldest Member, in the absence of the

284 MINUTES OF THE

President, to assure Your Excellency of their Respects, in which I
most heartily join with them, being very truly,

" Your Excellency's most obedient humb. Servant,

"THOMAS LAWRENCE.
"Gov'-Gooch."

Another of the same Tenor was sent by Express to Governor
Clinton, requesting him to impart the advice to Governor Shirley
by the Post, who wou'd be just setting out for Boston on the arrival
of the Express at New York.

At a Council held at Philada., Saturday 18th June, 1748.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Samuel Hasell, William Till, ""]

Abraham TfiTTlnr "RrvViorf Sfrotfoll

)>Esqrs.

Abraham Taylor, Robert Strettell

Joseph Turner, Thomas Hopkinson,

William Logan, j

The Minutes of the preceding Council were read & approv'd.

Captain Clymer, in a Sloop bound here from Carolina, having
been Chased by a Brigantine in Company with a large Ship, which
he believ'd to be Don Pedro, & left his Vessel at Anchor about 18
Miles to the Northward of Cape May, his Examination was order' d
to be taken by the Secretary. On this further Intelligence Captain
Ballett came into Council, & desir'd the Board wou'd give their
advice whether, as the Enemy's force was so strong at the Capes,
it wou'd be prudent in him to venture down with the Convoy till
he shou'd receive some tidings from the Loo or the Hector, & every
one present thought it not safe either for the Convoy or the City
that the Captain shou'd go down without some more perfect advices,
which were hourly expected by the Intelligence Boats in the Employ
of the Province.

Coll0- Taylor, under whose Command the Batteries were put for
the present, produced a Set of Instructions to Mr. John Sibbald,
commissionated to be Captain of the Fort, which were read & ap-
prov'd.

The following Paper was presented by Mr. Weiser in Council.

" MEMORANDUM taken the 13th June, 1748.

" Last Night arrived at my House Ganataraykon, Sogogockiather,
Achnoara, Kattake, & Sanagaranet, sent by Shikalamy to inform

me that a Message from the Six Nations (in the Cajucka )

to the following purport.

PROVINCIAL COUNCIL. 285

" Brethren & Cousins, You that live on Sasquehanna' River &
elsewhere :

" We let You know that our Brethren, the English, have sent a
Message to us to inform us that the French had come to live on this
side the Lake, & threaten destruction to the Six Nations as well as
to the English, & that, therefore, it was requisite our Nation in
Concert with the others shou'd take up the English Hatchet and
exert themselves against the French. To encourage us, therefore,
they gave a large Belt of Wampum made in the shape of a Hatchet,
and told us further that the English cried out for help, having suf-
fer'd much by the French. So far the English Message.

" Whilst the Indians were in Council to think on an Answer the
English Messengers were very kind, & made Presents of Hatchets
& other things to the Women & Children.

" The Council of Cajucka made answer — ' Brethren, the English :
We are surpris'd at what You say. How is it possible that you
cou'd be beat before you fought ? You hitherto sat still & did
nothing but use all the Arts possible to bring us into the War, and
then, no doubt, you'd be easy enough ) but we once more must re-
turn your Hatchet to You, & desire you to fight like Men. You
are very numerous, and if in Case we shou'd see that the French
wou'd be too many for You, we will assist You \ but never before
You fight like Men.' The Indians return'd the Belt. Upon
which the Messenger said that he must acquaint them that their
Brethren, the English, wou'd for the future look upon the Indians
to be their Enemies & in the French Interest, and the English wou'd
use them accordingly. Upon which the English answered Yoh, do
so.' After some pause the English Messenger offer' d the Indians a
dram, & gave them a large Cask ) but the Indians wou'd not taste
it, & return'd it; and said: 'Brethren, We have drunk too much of
Your Rum already, which has occasion' d our Destruction ; we will,
therefore, for the future beware of it.' The Indians also order' d
the Women & Children to return every thing they had receiv'd as
Presents from the said Messenger, which was accordingly done.

"The remainder of the Indian Message is as follows, viz : 'Breth-
ren & Cousins that live on Sasquehanna River : We send You this
String of Wampum, and desire you to have your Ears open & be
on Your Gruard ; we also desire You will with all speed carry this
our Message from Town to Town until it arrives at Schohonyady.
This was accordingly done — the said Message came to Shamokin on
the 9th Instant, and the Indians met in Shikalamy's House. It
was delivered by a Delaware Indian that lives on Wayamuck or
Seahantowany. The Indians on Shamokin dispatch'd it immedi-
ately to Scohonihady aforesaid, tho' the Sun was just down.

" Shikalamy is sick & like to loose his Eye sight, but said in
Council that either some of the Indian or English Messengers must
have falsified the Message, for that he could not believe it, &

286 MINUTES OF THE

would, therefore, dispatch two of his Sons with two other Indians to
let Tharughiawagon know of it, who wou'd. soon inform the Indians
of the truth of the Matter. I made no other answer, hut told the
Young People I was of their Father's opinion entirely, & wou'd
immediately set out for Philadelphia, and it was no more than for
the Council of Philad^ to write to the Governor of New York to
enquire whether the above Message was his own or not, & the Truth
wou'd soon come out.

"CONftADWMSER."

Adjourn'd to 4 o'Clock in the Afternoon to consider the above,
& Conrad Weiser is order'd to attend.

P. M.

PRESENT :

The same Members as in the forenoon.

Mr. Weiser's Paper was again read, & on mature Consideration
thereof a Letter to Govern'or Clinton was drawn up in these words,
& the President requested to Sign it & send it by Express :
" Sir—

" The inclos'd Paper which was this Day deliver'd by Mr. Weiser
to the Council is deem'd of the last Consequence. If your Messen-
gers really expressed themselves in the manner related by the Cay-
juckers, and the Indians think they had Your Excellency's Orders
for such Expressions, it is not to be doubted but they will be ex-
tremely cautious & watchful of the English behaviour, & perhaps
they may think it necessary to advertize the French Governor of
this proceeding, & to bespeak his Friendship & Assistance in case
the English be as good as their words, and what Change of Coun-
cils & Opinions may be brought about among the Indians by such
a measure cannot be foreseen. We are certain that 750 Indians,
all Inhabitants on the Borders of Virginia, Maryland, & this Pro-
vince, met a Messenger sent by this Government to Ohio but the
last Month, & declar'd that they and as many more were heartily
for his Majestie's Subjects against the French at Canada, & waited
only the Message from this Province to point out to them in what
manner they cou'd do the most Service for the King's Interest.
They were presented with Goods amounting to above the Value of
Two hundred Pounds, and that only as an earnest of a much larger
Present now ready to be sent to them by our Interpreter, Mr. Wei-
ser. It is likewise certain that Jealousies are already rais'd in the
minds of Indians who are known to be Friends of the English by
this last Message, and shou'd they encreasc, we judge it will be ex-
ceedingly difficult to quiet their fears, which perhaps wou'd not be
of so great moment if it was not known that Indian Fears have as

PROVINCIAL COUNCIL. 287

bad consequences as if they were in actual War. They are at least
thereby put upon consulting & siding with every body that may
strengthen them against those People of whom they are afraid.
May not this proceedure, if real, throw them into the Measures of
the French Governor, and if the Messengers did use such Expres-
sions & were not authorized to do so, will it not become absolutely
necessary to set the Indians right? if they were authorized to de-
clare War (for this is little else), shou'd not the Governments to
the Southward of New York be duly apprized of this Step that
they may be prepar'd ? If Your Excellency will be pleas'd to fur-
nish the Council with Your Instructions to the Persons sent to the
Six Nations, & with the relation they gave to Your Excellency of
what pass'd between the Six Nations & them, the Board from thence
may be enabled to give a proper answer to the Indians at Shamokm
& the other Tribes that Live on & near the Borders of this Pro-
vince.

" This Board has a high Sense of your Excellency's regard for
every thing that can conduce to preserve the Friendship of the In-
dians or remove ill grounded Jealousies, & therefore write with the
utmost freedom, sending a special Messenger that You and Your
Council may be immediately inform' d of this important piece of
Intelligence, & that the Sentiments of Your Excellency may be
convey'd to Us, in order to regulate our Conduct in an Affair of so
much Consequence to the Lives of His Majestie's Subjects dwelling
in all the Provinces of North America.

a Your Excellency will be pleas'd to observe the Message*" comes
only from the Cajuckers, one of the Six Nations; but notwithstand-
ing this Singularity in the Message, it may be in consequence of a
general Resolve of the Council at Onondago, for as this Cajucka
Nation claims property in the Lands & authority over the Indians
seated on the Waters of Sasquehanna, they think all publick orders
shou'd be imparted by them to these Tribes.

" The Indians wait at Mr. Weiser's for his Report, and he is de-
tain'd in Town till Your Excellency's answer by the return of the
Express shall arrive.

" I am Your Excellsy's- most obedf' Servant,

"ANTHONY PALMER,

" Philada., 18th June, 1748.
" His Excellcy- Gov1-- Clinton/7

Mr. Croghan presented to the Board a Narrative of his proceed-
ings at Ohio, with his account of Expenees, which was read :

" Ohio, April 28% 1748,
" Brothers of the Six Nations s
" I am sent here by the Honourable the President & Council of

288 MINUTES OF THE

Philadelphia to return You thanks for the French Seulp You sent
down last Spring as a token of your engaging in the War against
the French, your & our common Enemy, and to acquaint You that
their Honours have provided a large Present of Goods for all their
Brethren that are Settled in and about Ohio j & they have sent
You by me this Present of Powder, Lead, Vermillion, Knives, &
Flints, to supply You to kill Meat for your Families till the rest
of the Goods can be brought up, which are to be brought by Con-
rad Weiser, Esqr>' and will be here at your Towns by the first of
August next. In token whereof, I present you this Belt of Wam-
pum."

Gave a Belt of Wampum.
u Brothers of the Six Nations :

"I am order'd to acquaint you that your Brothers having taken
much to heart the many abuses you have received by strong Liquors
being brought up amongst you, such as inflaming your Blood and
I endangering many of your Lives, &ca>' have issued a Proclamation
strictly forbidding all. Traders carrying any strong Liquors to
your Towns under severe Penalties; and further, to stop such
abuses desire that if you see any strong Liquors brought to Your
Towns that you may stave the Casks containing such Liquors, and
likewise make information of the Trader's Names, that they may be
prosecuted as the Law directs. Further, your Brothers have sent
you this string of Wampum to desire that you may not give Credit
to every Report that you will hear, either from Indians or White
men, without you see the President & Council's Letter, for you
may be sure whenever your Brothers have any News to acquaint
you with they will let you know it by Mr. Weiser."

Gave a string.

"Ohio, May 2d, 1748.
Ci Brother Onas :

" We have seen the Messenger you sent us, & have heard what
he says; we have also received the Present you sent us by him, to
our great Satisfaction, for at this time we are but poor by reason
that we are engag'd in a War against the French, & we are oblig'd
to supply other Nations with Ammunition to assist us in the War.
We have made intercession with some Nations of Indians that was
in the French Interest, & have brought them to dwell amongst us ;
Your Messenger can inform You as to the number. Brothers : we
have not prosecuted the War with that vigour we might have done,
for this reason, that we wanted all our Brethren home from amongst
the Enemy before we strike the home stroke, which we intend to
do. It is true some of our Young Men go to pay the French a
visit now and then, and Brothers we assure You that we resent the
abuses done to You & us by the French. We send you this French
Sculp as a token that we don't go to visit them for nothing."

Gave a Sculp and Wampum.

PROVINCIAL COUNCIL. 289

"Ohio, May 4th, 1748.
w Brother Onas :

a We return You thanks for the Present we have received, &
likewise for sending us word that you will send us another Present
by Mr. Weiser, which could never come in better time, as we have
a large Body of our Brethren that are lately come to supply as
well as ourselves. We have heard by Schaiohady, & now by your
Messenger, that you have put a stop to the Traders carrying out
strong Liquors, which we approve of very well, for we have suffer' d
considerably by such abuses — for there is many People who brings
nothing else but Liquor, & so cheats us of our Skins, & many of
our People have lost their Lives. But, Brothers, we have one thing
to acquaint you with, that is there a great Nation of Indians come
from the French to be your Brothers as well as ours, who say they
never tasted English Bum yet, but would be very glad to taste it
now as they are come to Live with the English, so we hope you
will order some of your Traders to bring them some, for which re-x
quest we send you this string of Wampum."

Grave a String of Wampum.
u Brother Onas :

"We have no more to say at present but to acquaint you that
there is 730 Men of us of the Six Nations settled here on Ohio
& able to go to War, exclusive of other Nations which will make
up as many more, and all we wait for is for our Brothers the Eng-
lish to tell us when &, where we shall go ; and to assure our Bro-
thers of our Constancy, we send you this string of Wampum."

Gave a String of Wampum.

At a Council held at Philada., Thursday, 23d June, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, William Till, }

Abraham Taylor, Robert Strettell, I -^

Joseph Turner, Thomas Hopkinson, j ' S(*rs*
William Logan, J

The Minutes of the preceding Council were read & approved.

A Letter from the Shawonese & some of the Six Nation Indians,
Dated the 4th Instant, at Loggs' Town, the first of the Indian Towns
on the Road from Lancaster to Allegheny, was read, purporting that
some of them were coming down to present the Chiefs of the Twig-
twees, a Nation lately come over from the French into the Interest
vol. v. — 19.

290 MINUTES OF THE

of the English, & desir'd their Brethren wou'd send somebody to5
meet them on the Road with Provisions; & that they wou'd be
pleas'd to kindle a Council Fire for them at Lancaster.

Mr. Weiser & Andrew Montour attending without were ealFd in.
Mr. Weiser presented Andrew to the Board as a Person who might
be of Service to the Province in quality of an Indian Interpreter &
Messenger, informing them that be had employ'd him in sundry
affairs of Consequence & found him faithful, knowing, & prudent ,
that he had for his own private Information, as Andrew lives amongst
the Six Nations between the Branches of Ohio & Lake Erie, sent a
Message to him in the Winter, desiring him to observe what pass'd
amongst those Indians on the- Pieturn of Schaiohady & come down
to his House in the Spring, which he did, & gave him such a full
account of the Numbers & Importance of the Indians in those parts;
a-s wou'd be useful to him in his intended Journey there with the
Province Present, & recommends him to the Council for a Reward
for his trouble.

The Letter received from the Shawonese & others was read again7
<& Mr. Weiser 6l Andrew were askrd whether they knew the Sub-
scribers Tammany Buck, Big Hommony, Pala Kishaw, & Lawac-
quaqua. Andrew said the two first named were the principal Men-
among the & the two last were , that the Twig-
twee Nation were a very considerable Nation, Sz, that it was happy
that they & their Friends shewed an Inclination to be well with the
English, & might prove of extraordinary Service, for they were a.
Nation of vast importance to the French on the Lakes.

The Council ordered Andrew to go «& meet them, & if possible to*
prevail with them to come to Philadelphia; but if he found it dis-
agreable not to press it too much, & to be sure to send an Express
by Mr.. Weiser's to Philadelphia, with an account of their number
-& Business, if they shou'd not be willing to come to this City.

Ordered, That Andrew Montour have for his trouble £ — , & that
his Expence & that of his Company be likewise paid.

Mr. Weiser's Instructions were read to him in these words, viz.:

"Instructions to Conrad Weiser, Esq,, Interpreter for the Province
of Pennsylvania-
-''Sir:

" This Government having promised the Indians who came here
from Ohio in November last to send You to them early in the
Spring, k having provided a Present of a considerable Value, You,
are to proceed thither with all convenient Dispatch. Mr. George
Croghan, the Indian Trader, who is well acquainted with the Indian
Country and the best Roads to Ohio, has undertaken the Convoy of
you & the Goods with his own Men and Horses at the Publick Ex-

PROVINCIAL COUNCIL. 291

pence, & as it cannot be foreseen how long the Journey will take
him nor what trouble may attend it, so as to enter into Contract
before hand with him, all affairs relating thereto are entirely left to
You, wherein we recommend all the frugallity that can consist with
the Nature of Your Business, the Treasury being Low and a large
Sum expended in the Purchase of the Present.

u As soon as You come to the place of general Rendezvous you
are to notify your arrival in a Speech to all the Tribes, wherein you
are to deal in generals, reserving all particular Matters to your
closing Speech.

" You are to use the utmost diligence to acquire a perfect know-
ledge of the Number, Situation, Disposition, & strength of all the
Indians in or near those parts, whether they be Friends, Neutrals,
or Enemies, & be very particular in knowing the Temper & In-
fluence of the Tribes of Indians who send Deputys to receive You,
for by the knowledge of these matters You are to regulate the dis-
tribution of the Goods which is to be divided amongst them in as
equal & just a manner as possible, that all may go away satisfied,
& none receive the Least Cause of Disgust at any undue preference
given to others.

" You cannot be at a loss for Matter from whence to form Your
Speeches. The antient Enmity of the French to the Indian Na-
tions, their perfidy upon all occasions, of which if any reliance can
be had on the Articles of News in the Publick Papers you may
give some late Instances in the Death of Taghananty the Black
Prince, who perished in a Jayl at Montreal, & in the cruel Treat-
ment of the Indians in general at Canada, who are conhn'd to
loathsome Prisons without proper or wholesome Sustenance,

" The Inability of the French to protect the Indians or to supply
them with such Necessaries as they stand in need of for their Sub-
sistence, These observations are what cannot but occur to You.
You may further enlarge on the constant & antient Friendship of
the English, & their readiness at all times to assist them against
the Attempts of the French, who have ever been for destroying or
enslaving them. And an ample field will be furnish'd to You in doing
Justice to this Province, which has ever shewn the greatest readi-
ness to supply the Indians in their most pressing Necessitys, men-
tioning the several valuable Presents made them from time to time,
particularly since the commencement of the War, instancing the
Governments Presents at Philadelphia over & above the, Price of
their Lands in the Year 1742, the large Presents at Lancaster & at
Albany, & then the present occasion will bear a peculiar enlarge-
ment, this Government having no sooner heard of the Distresses of
the Indians, & that abundance of Families & Young Warriors had
for the convenience of Hunting remov'd to the Waters of Ohio &■
Lake Erie7 than they determin'd to send them a Supply of Goods &,

292 MINUTES OF THE

Powder, which in this time of Scarcity they cou'd have from no
other Place. This tenderness for those who out of every Nation
had came & fix'd their habitation in these Parts, must needs make
deep Impressions on their Affections, & especially on the minds of
their Young People, to the advantage of the kindness of this Pro-
vince for all the Indians.

" By the Treaties subsisting between His Majes tie's Subjects &
the Indian Nations, they are laid under the strongest obligations to
give each other the earliest Intelligence of whatever may affect their
Persons or their Properties. In discharge of our duty you are to
inform the Indians that the management of the War being com-
mitted to the Governors of New York & Boston, operations of this
Year are concerted by them j that they have Orders from His Ma-
jesty exceedingly favourable to the Indians, & in pursuance thereof
they will prosecute the War against the French & their adherents
with the utmost vigour; that His Majesty in token of his Regard
to the Indian Nations has sent a large Present to the Governor of
New York to be distributed at Albany, but that as by their distance
from this Place the Indians on Ohio & Lake Erie may be supnos'd
not to receive much Benefit from the Albany Present, This is an
additional Consideration why this Government chuses to be kind to
these Indians & assist them the readier when they are in distress,
because they cannot without extreme difficulty get Supplies from
other Places.

" On the other hand, Y"ou are to use all means in your Power to
get from them all kinds of Intelligence as to what the French are
doing or design to do in these parts, & indeed in every other Place.
You are not to satisfy yourself with generals, but to inform your-
self truly & fully of the real dispositions of these Indians, & what
dependance can be had on them for the Security of this Province,
and for the total prevention of all Hostilities within our Limits.
You are to make particular Enquiry into the number and Situation
of the Indian Nations between these People's Settlements on Ohio
& the liiver Mississippi, &c, to the West of Lake Erie, since it ia
said there are several Indian Nations within these Limits & on the
Lakes Hurons & Illenois, who are disoblig'd with the French, &
might easily be brought into the Amity of the English.

" You will see by the Assembly's answer to the Council's Mess-
age, a copy whereof will be given You herewith, what Sentiments
they entertain about War ; and as they have the disposal of the
Public Money it wou'd be wrong to urge the Indians to War, since
no dependence cou'd be had on the Assembly to support them in
such an undertaking, and consequently any Encouragement of this
kind wou'd be to bring them into a Snare, and in the end might
prove extremely hurtful.- This consider'd, nothing of this kind
must be urg'd by you, & if the Indians mention it themselves you
need not be explicit, you are to tell them that this Point is not in

PROVINCIAL COUNCIL. 293

your Instructions, that your Business was to make them a visit & to
be truly inform' d of their Situation, & to bring them a valuable
Present — the most substantial Mark that can be given of the great
affection which this Province bears to their Friends the Indians ; &
if they insist any further you are to tell them that at their Instance
you will make a faithful Relation of every thing given you by them
in charge to the Government, & transmit to the Indians their Re-
solves. But whatever You do on this head, as a good deal must be
left to Your discretion & Judgment on such information as shall be
given You, You are to take special Care not to disoblige the In-
dians or in any wise diminish their heartiness for His Majestic' s
Cause against the French.

" You are to make particular Enquiry into the Behaviour of the
Shawonese since the commencement of the War, & in relation to
the Countenance they gave to Peter Chartier. It is proper to tell
You that they relented, made acknowledgements to the Government
of their Error in being seduc'd by Peter Chartier, & pray'd they
might be permitted to return to their old Town, & be taken again
as sincere Penitents* into the favour of the Government ; & tho' the
Governor gave them assurences that all past misbehaviour should
be pardon'd on their sending Deputies to Philadelphia to acknow-
ledge their fault, yet they contented themselves with loose Letters
by Indian Traders, some of which have been delivered & some not,
but had they all been delivered this was not a becoming manner of
addressing the Government, nor cou'd they expect any thing
from it.

" You will, therefore, speak to them by themselves, & give them
such a quantity of Goods as, upon their present Temper & the frank-
ness of their Submissions, you shall think they deserve.

" Given in Council under my Hand & the Lesser Seal of the said
Province, at Philadalphia, the 23d Day of June, Anno Domini,

1748.

" ANTHONY PALMER."

These Instructions were drawn up in March last when Mr.
Weiser was upon the point of going to Ohio, & were laid be-
fore the Assembly in May, but his Joupney being postpon'd for
the reason set forth in former Minutes, thejv w|re never delivered
to him.

The Secretary having consulted the Attorney General on the
words of the Royal Charter relating to Reprieves, agreeable to the
Order of the Board reported, that it was his opinion "the Council
might Reprieve for a definite or indefinite time, as they shou'd think
proper ; whereupon the following Reprieve of Alexander Ure was
SWd: ■

2C4 MINUTES OF THE

" George the Second, oy the Grace of God King of Great Britain,
France, & Ireland, Defender of the Faith, and so forth, To
the Sheriff of the City & County of Philadelphia, in our Pro-
vince of Pennsylvania, Greeting :

" Whereas, at a Court of Oyer & Terminer & General Goal De-
livery held at Philadelphia for the City & County of Philadelphia
aforesaid, in the Twenty-second Year of our Reign, before John
Kinsey, Thomas Grceme, & William Till, Esqrs" our Justices, a cer-
tain Alexander Ure was arraign'd & convicted of Felony & Murthcr,
as by the Eecords of the said Court relation being thereunto had
more fully appears ; And Whereas, the said Alexander Ure did
then receive Sentence of our said Court that he be taken from thence
to the Place from whence he came, and from thence to the Place of
Execution, &, there be hanged by the Neck until he shou'd be dead,
We do hereby Command You that from the Execution of the said
Sentence you abstain until our Pleasure be further known. In Tes-
timony whereof We have caused the Lesser Seal of our said Pro-
vince to be hereunto affixed. Witness, Anthony Palmer, Esq1""
President, Thomas Lawrence, Samuel Hasell, William Till, & Abra-
ham Taylor, Esqrs' in Council at Philadelphia, the Twenty-third
Day of June, in the Year of our Lord 1748, and in the Twenty-
second Year of our Reign.

" ANTHONY PALMER,
"THOMAS LAWRENCE.
"SAMUEL HASELL,
« WILLIAM TILL,
" ABRAHAM TAYLOR."
Mr. Croghan Petition'cl the Board that his account might be set-
tled & discharg'd, whereupon it was with his consent agreed that he
shou'd take other Goods in lieu of those charg'd in Account of the
Goods at Harris/ & receive an order from the Council on the Pro-
vincial Treasurer to pay him the Sum of .

Province of Pennsylvania to George Croghan, Dr.
Decr- 1 St, To 1 cwt. of Tobacco which I bought

by order of Conrad Weiser - - £ 1 5 0
To Cash paid for Provisions for the Hands

that went with the Goods, viz.

2 cwt. Flower - - £10 0
1 cwt. Bacon - 2 10 0

o

10 0

To 00 lb. of Deer Skins to wrap the G oods in 5 0 0
To the hire of 12 Horses to carry the Goods

sent by me to Ohio, @ 40s. each 24 0 0

To 2 Men's wages from the 1st Decr- to the

1st May is 5 Months, @ 4s. each f M°- 20 0 0
To 1,000 white Wampum which I gave at

the Speeches 1 10 0

Carried forward, £55 5 0

PROVINCIAL COUNCIL. 295

Brought forward, £55 5 0

April 28th, To Goods of my own which I
was oblig'd to add to the Present sent by
the Province, finding near 1,500 Indians im
.great want of Powder, Lead, &c, & the
Present sent by the Province so small as
not sufficient to supply one-half of them
with Amunition to kill themselves Meat,
viz. :

9 Cask of Powder -

63 Q A

11 cwt Lead - ' - @ 45s. "§ cwt.

24 15 0

25 lb. Vermillion @ 20s,

15 0 0

20 Doz- Knives - - . - ' @ 12s. .

12 0 0

1,000 Flints -

1 10 0

"6 lib. Brass Wire - - - @ 5s.

1 10 0

1 cwt. Tobacco ...

15 0

Carriage of those Goods from Philad3^ to my

Place, and from there to Ohio

50 0 0

169 0 0

£224 5 0

A Letter from Mr. Shirley, hy the Post, was read in these words:

"Boston, June 11th, 1748.
"Sir:

"His Exellency Governor Clinton having appointed an Interview
with the Indians of the Six Nations to be held at Albany the tenth
of July next, wherein matters of great Importance to the Safety
& Welfare of all His Majestie's Colonies in North America will be
transacted, I have at the desire of the General Assembly of this
Province (a Copy of whose Vote is inclosed You), as also Governor
Clinton, & in consequence of His Majestie?s Commands to" me to
join with Governor Clinton in this Service, determin'd (God willing)
to be present at the interview, attended by Commissioners from
this Province; & as a full Representative by Commissioners from
all the Northern Colonies will have a great tendency to render our
Negotiations with the Six Nations successful, & fix them in His
Majesty's Interest, & engage them in carrying on the War against
His Majesties Enemies, and as other Matters may be transacted
at the said Congress which may be for the lasting Security and Ad-
vantage of these Colonies, I do now upon my own meer motion,
and the solicitous desire I have that His Majestic' s Service upon
this Continent may be consulted in the best manner, and the Inter-
ests of all His Colonies there be most effectually secured, as well
.as at the Request of the General Assembly, earnestly desire your
Honour wou'd cause Commissioners to be sent from your Govern-
ment to be present at the aforesaid Interview, and to consult & join
with the other Commissioners there in transacting the several mat-

296 MINUTES OF THE

ters contained & proposed in the inclosed Copy of the before-men-
tioned vote.

" I shall write to all the rest of the English Governors from New
Hampshire to Maryland, & am with great Regard,

u Sir, Your Honour's most obedient humb. Servant,

"W. SHIRLEY.

"The Honoble. Anthony Palmer, Esq."

"The Committee appointed to take under Consideration those
Parts of His Excellency's Speech which relate to the Meeting of
ye Commissioners lately held at New York, & to the securing the
Indians of the Six Nations, and also His Excellency's Message of
the 31st May, are humbly of opinion That it is not expedient for
the Court at this time to come into any new Resolutions respecting
the Result of the Commissioners who lately convened at New York,
but that it is of great Importance to the Government, as well as to
those whose Borders the Six Nations of Indians are Situated, that
measures should sow be taken for preserving said Indians in their
good affection to His Majesty's Subjects and Attachment to his In-
terest, and that the Treaty or Interview proposed by His Excellency
will in all probability greatly tend to strengthen such affection and
attachment j and as this Government have generally appeared by
their Commissioners at such Interviews, the Committee are of
opinion that three Gentlemen be now chosen by this Court to attend
to His Excellency the Governor, & that they be empower'd, in Case
any Bounty or Reward shall be found necessary, in order to en-
courage the Indians to Acts of Hostility against the French, over
and above what may be allowed by His Majesty to engage for the
same on the part of this Government, agreeable to such Instructions
as they shall receive from the Court for this purpose.

"The Committee are further humbly of opinion that the Gentle-
men sent from this Government be Instructed by the Court and
fully impower'd (with the Approbation of his Excellency the Gov-
ernor) to join with any other Governments who shall be present at
this Interview, in humbly representing to His Majesty the dis-
tressed State of their Governments by means of the French in
Canada, the Necessity of the Reduction thereof, & the inability of
the Several Governments to effect the Same at their own Charge,
and humbly His Majesty's favour in allowing forces to be raised in
America for this purpose at the Charge & in the pay of the Crown,
& to order such a number of His Majesty's Ships to be sent up the
River St. Lawrence as may be thought proper, and that His Ex-
cellency be desir'd immediately to advise the several Governments,
as far as Maryland, of this Interview, that as many may be present
as possible.

" By Order,

"JACOB WENDAL.

In Council, June 8th; 1748, Read & sent down.

PROVINCIAL COUNCIL. 297

"In the House of Representatives, June 8th, 1748. Read &
order'd that this Report be accepted, & that Mr. Tyng & Coll0- Heath
& Capt0- Rowell, with such as the Honoble. Board shall join, be a
Committee to wait upon His Excellency & lay the same before him
accordingly.

"Sent up for Concurrence,

"T. HUTCHINSON, Speaker."

"In Council, June 10th, 1748. Read & Concurr'd, and Sr-
William Pepperell & Samuel Danforth, Esqrs., are joined in the
Affair.

"By Order of the Board,

"WM. PEPPERELL.
" Copy Examined,

"Per J. Willard, Secretary."

At a Council held at Philadelphia, Saturday, 25th June, 1748.
present : ,

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, William Till, ^

Robert Strettell, Benjamin Shoemaker, I -^

Joseph Turner, Thomas Hopkinson, f "

William Logan, J

The Minutes of the preceding Council were read & approv'd.
A Letter from Governor Clinton in answer to the President's
Letter by Express was read & order'd to be enter' d.

"New York, 21st June, 1748.
" Sir :

"I have your favour of the 18th with a Paper inclos'd containing
a Message from the Cayukas to the Sasquehanna' Indians, together
with a recital of what pass'd upon a Message sent them from the
English, which I am quite Ignorant of, as nothing of that kind is
contained in Coll0- Johnson's Treaty, who I sent lately among the
Six Nations to prevent their going to Canada. Therefore, if any
Person has surreptitiously undertaken to deliver them a Message
with such Expression, in order to intimidate the Indians, or make
them revolt from their repeated Engagements to support His
Majestie's Interest, it is perfectly contrary to my Directions &
Knowledge ; and I look upon such (whoever they be) aiming at
nothing less than a total defection of those Tribes, or at least to
anticipate the advantages I have improved among them for His
Majesty's Service.

298 MINUTES OF THE

" As I have not time to get transcrib'd the Treaty which Cola
Johnson had with those Tribes at Onondago, I have inclos'd the
original he sent me, and if you think it expedient to take a Copy
thereof I must desire You'll return the Original by the first oppor-
tunity, as I shall have occasion for it soon at Albany.

"I am glad the Information you sent me touching the Enemy is
contradicted by the last JExpress, and I am, Sir,

"Your most obedient humble Servant,
«Ch CLINTON.
" The Honoble. Anthony Palmer, Esq'-"

The Secretary was order' cl to take a Copy of Col0- Johnson's
Report of his proceedings at Onondago, & to send it with a Copy
of Mr. Clinton's Letter to Mr. Weiser for the satisfaction of the
Indians.

At a Council held at Philadelphia, 16th July, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr. President.
Thomas Lawrence, Samuel Hasell, ]

Abraham Taylor, Robert Strettell, ! -™

Benjamin Shoemaker, Joseph Turner, j ^

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

A letter from Mr. "Weiser and another from Mr. Croghan were
read, whereby it appsar'd that the Ohio Indians were on their
Road near the town of Lancaster and cou'd not be beat out of a
Notion they had entertain'd of this City's being sickly, but
desir'd the Council wou'd be pleas'd to give them the Meeting at
Lancaster.

The Council after taking up a long time in deliberating upon the
Request at last agreed to accede to it, & Mr. Shoemaker, Mr. Turner,
Mr. Hopkinson, & Mr. Logan, were appinted Commissioners to
treat with these Indians at Lancaster, and the Secretary was order' d
to prepare a Commissa and a Sett of Instructions from the heads
now deiivcr'd to him, to be Sign'd in the Afternoon.

P. M.

Present as before.
The Commission & Instructions were agreed upon & sign'd in

PROVINCIAL COUNCIL. 299

Council, & a Warrant issued to the Keeper of the Great Seal to
affix the same to the said Commission :

u George the Second, by the Grace of God of Great Britain, France,
& Ireland, King, Defender of the Faith, and so forth, To our
Trusty and well beloved Benjamin Shoemaker, Joseph Turner,
Thomas Hopkinson, & William Logan, Fsqrs., and to every of
them, Greeting :

" Whereas, some of the Chiefs of the Six Nations Indians
living on the Waters of Ohio, a Branch of the Mississippi, in
Amity & Alliance with Us, have signified to our Governor of our
Province of Pennsylvania that the Twightwees, a considerable
Nation of Indians residing on the Borders of Lake Erie, and late
in the Interest of the French King, are now earnestly desirous to
enter into the Alliance & Friendship of Us and our Subjects; and
for that end that several Cheifs and Deputies have been sent from
the said Twightwees Nation, and are now waiting at Lancaster with
divers Cheifs of the said Six Nations, in order to enter into a Treaty
of Alliance & Friendship with Us and our Subjects; And also, that
several Cheifs & Deputies from the Shawonese Nation of Indians at
Allegheny are now likewise waiting at Lancaster in order to renew
the League of Amity subsisting between Us*& that Nation : Know
ye, that reposing special Trust and Confidence in your Loyalty,
Abilities, and Circumspection, We have thought fit to Nominate &
Appoint You the said Benjamin Shoemaker, Joseph Turner, Thomas
Hopkinson, & William Logan, & every of you, our Commissioners
on behalf of our Governor of our Province of Pennsylvania afore-
said, to treat with the said Indians now at Lancaster, or with their
or any or every of their Cheifs or Delegates, & with them to renew,
ratify, & confirm the League of Amity subsisting between our said
Province of Pennsylvania and the said United Nations of Indians,
or between us and the said Shawonese Nation of Indians, & like-
wise to enter & compleat such Treaty of Alliance with the said
Twightwee Nation ; And further to do, act, transact, & finally to
conclude and agree with the Indians aforesaid all and every other
Matter and thing whatsoever necessary, touching or in anywise con-
cerning the Premisses as fully and amply to all Intents, Constructions,
and Purposes, as our Governor of our Province of Pennsylvania
aforesaid might or cou'd do being Personally present, hereby rati-
fying and confirming and holding for firm and effectual whatsoever
you, the said Benjamin Shoemaker, Joseph Turner, Thomas Hop-
kinson, and William Logan, or any of You, shall lawfully do in and
about the Premisses. In Testimoney whereof We have caused the
Great Seal of our said Province to be hereunto affixed. Witness
Anthony Palmer, Esqr., President, Thomas Lawrence, Samuel Ha-
sell, Abraham Taylor, and Robert Strettell, Esqrs, Members of our
Council for our Province of Pennsylvania aforesaid at Philadelphia,
the sixteenth Day of July, in the Year of Our Lord One thousand

300 MINUTES OF THE

seven hundred and forty-eight, and in the Twenty-second Year of

our Reign.

" ANTHONY PALMER, Presid1-
"ROBERT STRETTELL,
"ABEAM TAYLOR,
"SAM. HASELL,
"THOM. LAWRENCE.

" By the Honourable the President & Council of the Province of
Pennsylvania.

11 Instructions to Benjamin Shoemaker, Joseph Turner, Thomas

Hopkinson, & William Logan, Esqrs., Commissi to treat with

certain Indians now at Lancaster

u Whereas, by a Commission from His Majesty bearing date here-
with, You are hereby instructed to enquire into the Temper and
Number of the Twightwees, one of the said Nations, whether they
are really and sincerely come off from the French & heartily in the
English Interest, or this Change of their' s is only pretended & occa-
sional, taking its rise from the scarcity of Indian Goods among the
French, and so likely to drop on the Publication of a Peace with
France; and when you shall be inform' d of the true and real State
and Disposition of these People You will in your receiving any
proposals from them govern Yourselves accordingly.

" As to the Shawonese, You are to enquire very exactly after
their Conduct since the commencement of the War, and what
lengths they went in favour of Peter Chartier, where he is, & what
he has been doing all this time, and be careful that these People ac-
knowledge their fault in plain Terms, & promise never to be guilty
of any behaviour again that may give such reason to suspect their
fidelity, & according to the reality of their Submissions You are to
regulate what You shall say to them.

" With respect to the Indians of the Six Nations, You are hereby
Instructed to tell them, exclusive of what shall be proper to be
said to them in answer to the Business they come to transact with
this Government, that their behaviour during the War has been
very acceptable to the King's Governors, & that they will always be
receiv'd by them in a most affectionate manner, & recommend it to
them to cultivate a good understanding with all the Nations on the
Borders of this and the Neighbouring Provinces in alliance with
them, notwithstanding the probability of an approaching Peace,
which You are likewise to mention with the greatest prudence lost the
Cessation of Hostilities shou'd not be followed by a General Peace.
" Given in Council under our Hands & the Lesser Seal of the said

Province of Philadelphia, this Sixteenth Day of July, 1748.
" ANTHONY PALMER, Preside
"ROBERT STRETTELL,
"ABRAM TAYLOR.

PROVINCIAL COUNCIL. 301

Governor Gooch's Letter in answer to the Council's sent by Ex-
press was read in these words :

" June 25th, 1748.

"Sir:

" I immediately upon reading your Letter of the 17th Instant,
which I this Day received, I took my Pen in hand to return You
and the Gentlemen of the Council all due thanks for the Regard
You were pleased to shew for our Safety as well as Your own, in
communicating to me so speedy Intelligence of a Sett of Privateers,
with Don Pedro at their head, with whom we have been no less
alarm'd & pester' d than You, having had several small Vessels taken
in the Bay and within the Mouth of the Capes.

" My Express dispatch'd to Captain Norbury in Consequence of
Mr. President's Letter, reach' d him the Day before he sail'd, and
just after he had brought in with him two Privateers, the one from
the Havannah with 14 Carriage Guns and 100 Men, the other from
St. Augustine with four Carriage Guns and 10 Swivels and 40 Men,
who promis'd me in his Answer to it to go down to your Capes, and
of whom I must therefore suppose You have had long before this
the satisfaction of hearing. Captain Masterson is now also out upon
a Cruize, so that it is to be hoped if neither of them is so fortunate
as to meet with Don Pedro, the Enemy will at least be so much
terrified as to keep their distance, and not give us so much disturb-
ance by Intercepting our Trade and infesting our Coasts with such
audacious Insolence as they have presum'd to do of late.

" I am, with my best Respects to the Gentlemen of the Council,
with great Regard,

" Sir, Your most obed1, humb. SerV"

"WILL. GOOCH.

I should have told You that Capt13- Norbury manned & took with
him the largest of the two Privateers he had taken ; and that I
desired You would make my Compliments to Mr. Peters, your
worthy Secretary.

Mr. Joseph Bonsall & Mr. John Davis, Commissrs- appointed to
Survey that part of the high Road leading from Philadelphia to
New Castle which runs thro' the County of Chester, made their
Return, which was read, approved, and confirmed, and order'd to
be recorded in the Council Book • and the said Road is to be open'd
sixty feet wide, except in the Towns of Darby & Chester, where the
Streets are to retain their present breadth, of which all Supervisors
of the Highways are to take notice, & open the Road in the several
Townships thro' which it passes of the width aforesaid, agreeable to
the said Return.

Pursuant to two Orders from the Honourable the President &
Council, one of the 8th Day of September, 1747, the other of the

302 MINUTES OF THE

2d Day of March then next following, referring it to Us, the Sub-
scribers, to view and lay out by Course and Distance that part of
the King's high Road leading from the City of Philadelphia to the
Town of New Castle which runs thro' the County of Chester, We
do humbly Certify and Report to the Honourable the President &
Council, that We have viewed, and with the Assistance of William
Parsons, Surveyor General, we have as regularly and as near as
conveniently cou'd be to the Courses it now runs, Resurvey'd that
part of the King's high Road aforesaid which Runs thro' the
County of Chester, Beginning at the middle of the Bridge over
Cobb's Creek, being the Boundary between Philadelphia and Ches-
ter Counties, and from thence extending South seventy degrees
West twenty-eight perches, North seventy-nine degree and an half
West twenty-four perches, North seventy degrees West one hun-
dred and fifty-one perches, thence South seventy-nine degrees West
twenty-eight perches to a Run of Water, thence North seventy-four
degrees West forty perches to a Stone twenty foot distance from
the East Corner of George Woods' House in Darby, thence South
sixty-one degrees and an half West twelve perches to Darby Creek,
and the same Course twenty-eight perches more to a post, then
South fifteen degrees twenty Minutes West one hundred and thirty-
one perches to the middle of the old Road, thence South fifty-nine
degrees West two hundred and twenty-six perches to Dwyer Run,
one hundred and sixteen perches more to Deel's Run, and sixty-
two perches more to a post, thence South thirty-nine degrees
West one hundred and two perches to Talnell Run, two hundred
and ninety-six perches more to another Run, & one hundred
and one hundred and sixteen perches to Isaac Gleeve's House,
thence South sixty degrees West one hundred and twenty perches
to a post, thence South sevent3r-one degrees and an half West one
hundred and seventy- six perches to a post, thence South sixty
degrees and an half West one hundred and seventy-eight perches to
a post, thence South sixty-three degrees and a quarter West two
hundred and forty perches to Crum Creek, thence South sixty-one
degrees and an half West one hundred and thirty perches to a post,
thence South sixty-four degrees West twenty-eight perches to
Ridley Creek Bridge, and the same Course fourteen perches more
to a post, thence South thirty-four degrees West one hundred
& thirty perches to a post, thence South four degrees and an
half West fifty-six perches to a post, thence South eleven degrees
& an half west fifty-six perches to a wild Cherry Tree, thence
South fifty-six degrees and an half West ninety-five perches
to Welsh Street, in the middle of Free Street, in the Borough
of Chester, then along Free Street South sixty-two degrees West
twenty-three perches to Market Street, thence along Market Street
South twenty eight degrees East thirty-one perches to the middle
of James' Street, thence along James' Street South sixty-two
degrees West thirty-eight perches to the Bridge over Chester

PROVINCIAL COUNCIL, 303

Creek, thence crossing the Creek over the Bridge South fifty-two*
degrees and an half West nineteen perches to a post opposite to and
thirty foot distant from James- Mathers' Smith Shop, thence South
sixty-eight degrees and an half West seventy-six perches- to a post7
thence South seventy-six degrees- West eighty-four perches, thence
South fifty-eight degrees West one hundred and seventy-one perches
to a black oak Sapling, marked, thence South seventy-two degrees
and an half West one hundred & fifty-two perches to a white oaky
marked, about two perches short of Jacob Roman's Line, thence
South fifty-one degrees West ninety-one perches,, thence South
sixty-four degrees and an half West two hundred and fifteen
perches, thence South forty-six degrees West one hundred and
twenty-seven perches to the middle of the Bridge over Marcus
Hook Creek, thence South seventy degrees West one hundred &
thirty-four perches to the Road leading from Marcus Hook to Con-
cord, thence South fifty-eight degrees West seventy-two perches,
thence South sixty-one degrees West one hundred and twenty-two
perches to an old Stump about eight beyond Thomas Howell's
House, thence South sixty-two degrees forty minutes West one
hundred and thirty perches to New Castle Line, about half a perch
West from, an old marked Bicker v in the old Road.

CALEB COWPLAND,
. JOSEPH BONSALL,

SAMUEL LEVIS,
JOHN DAVIS,
PETER DICKS,
JAMES MATHERS,
THOMAS PEARSON,
JOHN SKETCHLSY-

A Letter from the Governor of Carolina was read :

"South Carolina, Charles Townt April 9tb, 1748,
«Sir;

"As the safety of this His Majesty's Province depends much on
preserving the Friendship of the numerous Nations of Indians that
surround Us, I have made it my particular Carer more especially
since the commencement of the French War, to keep them steady
in the British Interest ; and I have the satisfaction to see that not-
withstanding the French Intrigues our good Friends and Allies the
Catawbas, the Cherokees, the Creeks,, <fe the Chickesaws, are all
firmly attach'd to Us, & that the Chactaws, who have hitherto been
Friends to the French,, have declared War against them & Killed a
good number of their Men near the Mississippi. The Chactaw Na-
tion is reckoned one of the most numerous in America, consisting
of many thousand fighting Men, & have lately made a Treaty of
Peace & Commerce with this Grovernment. But the Catawbas
have been some Years harass'd by the French, k Northward In-

304 / MINUTES OF THE

dians called Nottooyaws, & tho' they are a brave People these con-
stant Wars have thinn'd them.

"I must, therefore, earnestly desire that You will strongly re-
commend it to the several Indians in Amity with your Government
not to come to War against them, nor to join the French and their
Indians in their Incursions upon these People, as I am inform 'd
they have done.

" This has now become absolutely necessary, for a few Days ago
a Party of the Nottooyahs have carried off into Slavery some of the
Inhabitants of the out parts of this Province, particularly one Cap-
tain Haig, a Gentleman much respected and esteemed, & one Mr.
Brown & some others.

" I hope you will have the Goodness to cause diligent Search to
be made for them in case they shou'd be brought near Your Parts,
& that when you have any Exchange of Prisoners with the French
Indians or the Governor of Canada, that you will procure the Ran-
som of these People shou'd it have been their misfortune to have
been carried amongst them.

"I beg leave to assure You I am,

u With very great respect, Sir,

" Your most obedient humb. Serv*.,

"JAMBS GLEN.
"The Honoble. Anthony Palmer, Esq1"."

Whereupon the Council gave an additional Instruction to Mr.
Weiser in these words :

a By the Honourable the President & Council of the Province of

Pennsylvania.
" To Conrad W^eiser, Esq1-., Indian Interpreter.

" Whereas, We have received a Letter from the Governor of
South Carolina, a Copy whereof is herewith sent, informing Us
that in or about the beginning of April last, a party of the Nattoo-
yaws or some of the Northern Indians have carried off into Slavery
some of the Inhabitants of the out parts of the Province of South
Carolina, particularly one Captn. Haig, a Gentleman much respected
& Esteemed, & one Mr. Brown and some others. You are hereby
further Instructed, when you speak to the Indians at Ohio to men-
tion this Affair, k to make the strictest enquiry after them ; and
if you can find out where they are carried to, you are to engage
some of the Indians to sollicit for their discharge, now there is
a Cessation of Hostilities, or if this may not be practicable you are
to desire that they may be well used till an opportunity shall offer
of treating with the Governor of Canada about them.
"Given in Council under my Hand & the Lesser Seal of the said

Province at Philadelphia, the Twenty-sixth day of July, 1748.

"ANTHONY PALMER."

PROVINCIAL COUNCIL. 305

The President having at the last Council taken the Sentiments ef
the Board with respect to an answer to Governor Shirley's Letter,
«& having accordingly wrote one, which was sent to him at Albany
under a Cover to Governor Clinton, the same was read in these
words :

" Philadelphia, Jane 25th, 1748.
"Sir:

" I have the Honour of Your's of the 11th Instant, informing me
<of Governor Clinton's appointment of an Interview with the Indians
of the Six Nations at Albany the 10th of the next Month, & of your
Intention to be there, earnestly desiring I wou'd cause Commission-
ers to be sent from this Government to be present at this Interview.

" The Council, before whom I laid Your Letter, desire me to ex-
press their Concern that Your Court did not come to their Resolu-
tion time enough to lay this Important Affair before the Assembly,
which has sat twice since the 16th May. They have, however, de-
liberated whether, notwithstanding their two late Sessions and the
Season of the Year which, as the House consists mostly of Farmers,
requires their presence to do their Country Business, they shou'd
not call them to meet a third time, & have concluded not to convene
them, for that on former occasions of the like Nature the Assembly
have expressly declar'd their Sentiments against engaging the In-
dians to act offensively with the French, in consequence whereof
Governor Thomas found himself oblig'd in his Instructions to the
Commissioners which were sent from this Province to join with His
Excellency Governor Clinton & the Commissrs- for the Colonies of
the Massachusetts & Connecticut to tye up their Hands from urging
the Indians to an open declaration of War against the French, &
that contrary to his own judgment of its being absolutely necessary
for His Majestie's Service & the Security of the Northern Provinces,
and as the Members of this Assembly are the same Persons & of
the same Principles, & have but the other Day absolutely refus'd to
be at any expence in defending the Province against the King's
Enemies, tho' they were in their River & had like to have burnt
New Castle, it is not to thought that they would alter their Senti-
ments or enable the Council to send Commiss1'5' that would be at
liberty to act in Concert with Your Excellency on the two points
insisted on by your General Court.

" The Council had just before the arrival of Your Letter sent an
Express to Governor Clinton on Indian Affairs, & expecting the
return of their Messenger every Moment they postponed coming to
a Resolution upon it, thinking that Governor Clinton might have
receiv'd some Instructions from His Majesty relating to this Affair
and would impart them in his Answer, but his Excellcy- takes not
the least Notice of this Interview. I only mention this in order to
shew Your Excellency the reason why the return of the Post did
vol. v.— 20.

306 MINUTES OF THE

i

not bring you the Council's answer, which it wou'd have done had
they received Governor Clinton's favour time enough.

"The Council entirely concur in Sentiment with Your Excellency,
& should be extremely glad to appoint some of their Members to
wait on You, but as they stand circumstanc'd they are firmly of
opinion the Comrniss1"8- laid under such limitations would do more
harm than good. My Age and Infirmities render such a Journey
impracticable for me, or none wou'd be more pleas' d to have the
honour of waiting on You at Albany than,

" Sir, Your Excellency's most obedient humble Servant,

"ANTHONY PALMER,
" His Excellency Govr* Shirley/7

Another of pretty much the same Tenor was wrote to Govr# Clin-
ton.

At a Council held at Phllada. 26th July, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, ^

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker, VEsqrs.

Joseph Turner, Thomas Hopkinson,

William Logan,

The Minutes of the preceeding Council were read & approved.

The Commissioners appointed to Treat with the Indians at Lan-
caster made their report in writing, which was read and approv'd7
& is as follows :

u To the Honourable the President & Council of the Province of
Pennsylvania.

u We, the Subscribers, having been Honour' d with a CommisB""'
authorizing us to hold a Treaty with some of the Six Nations,
Twigh twees, and others at Lancaster, do make the following Re-
port of our Proceedings therein :

" We hope what we have done will be of Service to the Province
and to Your Satisfaction. We are,
" Honourable Gentlemen,

" Your most obed'- humb. Servants,

"BENJAMIN SHOEMAKER,
"JOSEPH TURNER,
" THOMAS HOPKINSON,
"WILLIAM LOGAN."

PROVINCIAL COUNCIL. 307

A TREATY

At the Court House in Lancaster, Tuesday, July 19th, 1748.
present :
Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson, William Logan, J Esolrs-

The Magistrates and Inhabitants of Lancaster County, Fifty-five
Indians of several Nations, viz. : Of the Six Nations, Delawares,
Shawonese, Nanticokes, and Twightwees.

Conrad Weiser, Esqr., Interpreter for the Six Nations.

Mr. Andrew Montour Interpreter for the Shawonese & Twigh-
twees.

A Proclamation was made for Silence, and then a Commission
in His Majesty's Name, under the Great Seal of the Province, was
read, constituting the Honourable Benjamin Shoemaker, Joseph
Turner, Thomas Hopkinson, and William Logan, Esquires, Com-
missioners to treat with these Indians, & the Interpreter was order'd
to tell them the purport thereof & to bid them heartily welcome
among their Brethren.

The Commissioners having been informed that Scarrowyady, a
Chief of the Oneido Nation, living at Ohio, was appointed Speaker
for the Indians, but was so much hurt by a fall that he was unable
to attend, order'd the Interpreter to tell them that they condoled
with them on this unfortunate accident, but hoped that as what
they came to transact was of a Public Nature and well known to
them, all this wou'd occasion no delay, As the Government had
shewn them great Indulgence in granting them a Council at Lan-
caster, so far from the usual Place of Business, and in so hot a Sea-
son, it was expected they wou'd not detain the Commiss^s•' but de-
liver what they had to say to-morrow morning at ten o' Clock, and
further to desire they wou'd use no manner of Reserve, but open
their Hearts freely and fully, the Commissioners promising to treat
them with the same freedom and Plainness.

At the Court House at Lancaster, Wednesday, July 20th, 1748.

PRESENT :

Benjamin Shoemaker, Joseph Turner, } p

Thomas Hopkinson, William Logan, } JJiS(*rs'

The Magistrates and many of the Inhabitants of Lancaster
County.

The same Indians as yesterday.

The Interpreter informed the Commissioners that Scarrowyady
still continuing ill and unable to attend, had deputed Andrew Mon-

308 MINUTES OF THE

tour to deliver his Speech, which the Indians desir'd might be re-
ceived on their behalf, the substance thereof having been delib-
erated upon and settled by them in Council.

The Commissioners saying they had no objection to this, Andrew
Montour said he was now going to speak for the Indians of the Six
Nations living at Ohio.

" Brethren, the Governor of Pennsylvania, and all the Governors
of the great King of England over the Seas :

" You have often sent pressing Messages to the Council Fire at
Onondago to engage in your Interest as many of their Allies as
they cou'd influence ; These Messages they have transmitted to us
desiring we would take all opportunities of complying with your
request, in consequence whereof we have now the pleasure to pre-
sent to You some of the Cheifs of the Twightwee Nation, a large
and powerful Tribe living on Ouebach, a great River running into
Ohio, who come as Deputies sent by the whole Nation^ with a Re-
quest that You would be pleased to admit them into your Amity.
We join with them in the Petition — take their Hands, and let them,
together with ours, be lock'd close in yours, and there held fast.
We have opened unto You the occasion of our Visit, and to make
it acceptable we lay down this String of Wampum.

" Brethren, Onas, and all the King of England's Governors :

u It will be necessary to lay before You what has pass'd between
the Twightwees and us previous to our coming here, that You may
be sensible of our Zeal for your Service, and of the ardent desire
of that Nation to enter into Your Alliance.

" Last Fall they sent a Message address'd to all the Tribes of
Indians at Ohio & elsewhere in Amity with the English, which was
deliver* d to the Shawonese as living nearest to them, and by them
communicated to Us, to this Effect.

" 'Brethren:

a'We, the Twightwees, are desirous to enter into the chain of
Friendship with the English ; and as You are the next to Us of the
Indians in their Alliance, we entreat You to signify this our Desire
to the other Indians, and that You and they will open us a Council
Road to the English Governments. Make it so clear and open for
Us that neither we nor our Wives or Children may hurt their feet
against any Log or Stump j and when once You have cleared a Road
for Us we assure you we will keep it so, and it shall not be in the
power of Onontio to block up or obstruct the passage. We further
desire of You that when you have cleared a Council Road for us
to the English, you and the other Indians will join your Interest to
recommend -us in the most effectual manner to them to be admitted
into their Chain/ Upon receipt of this Message from the Twight-
wees the following answer was sent them :

PROVINCIAL COUNCIL. 309

'a ' Brethren, the Twightwees :

" c We received your String of Wampum expressing your desire to
enter into Friendship with our Brethren, the English, and praying
our Assistance to obtain this for you. We are glad you are in this
Disposition, and wou'd, by all means, encourage you in it; but we
are afraid lest you shou'd have taken this Resolution too hastily.
Are you proof against the sollicitations that the Governor of Canada
and his People will certainly use to engage your adherence to him ?
Can you withstand his Resentment ? Consider this well, lest when
we shall have recommended you to our Brethren the English, you
shou'd prove unsteady, and so we shou'd lose their Esteem. Take,
therefore, we urge you, time to consider & let us know your mind,
& we will give you all the assistance in our Power/

u The Twightwees having received this answer, sent in the Spring
a second Message addressed to all the Indians on Ohio in alliance
with the English, to this purport :

" l Brethren :

eci Our Message in the Fall was not sent rashly or unadvisedly.
We thought many Nights & Days of this Affair. We weighed
every thing well relating thereto before we took the Resolution of
seeking the Friendship of the English, and we now repeat to you
our Assurances that this Request does not come from the Mouth
only ; no, it comes from the heart, and is what we ardently wish to
accomplish, and that we may not fail of Success we desire your
assistance and that of all the Indians in the English Chain to
help us to obtain this favour, and particularly we desire some of
you will go along with us and present us to Onas/

il Brethren :

"We have now faithfully related what passed between the
Twightwees and us. We deliver over to You the strings of Wam-
pum which we received with their Messages. Their Nation has
sent thirty Beaver Skins, which we desire you would accept, & now
be pleased to hear what their Deputies have to say."

Here were laid down two strings of Wampum and 30 Beaver
Skins.

Then Andrew Montour acquainted the Commissioners that he
was now going to be the Mouth of the Twightwee Deputies.

u Brethren :

" We present to You the Calumet Pipe, and pray we may be
admitted to become a Link in your Chain of Friendship, & give you
the strongest assurances if this favour be granted to us that we will
keep it bright as long as the Rivers run."

Here the Deputies laid down a Calumet Pipe with a long stem
curiously wrought, & wrapp'd round with Wampum of several

310 MINUTES OF THE

Colours, & fill'd with Tobacco, which was smoked by the Commis-
sioners & the Indians according to Custom.
" Brethen :

" We, the Deputies of the Twightwees, have it in Charge further
to tell you that our Nation received a Calumet Pipe from some of
the Allies, consisting of twelve Towns or Nations, with a Message
to this Effect : That they had a Report among them that we in-
tended to sollicit the English to be received into their Friendship
and Alliance. That if such Report was true they desired us to
acquaint them with our Success, that they might apply for the same
favour, which they earnestly desire, and said they would wait a
Day & a Night for an answer/' *

Then the Deputies offer* d another Pipe to the Commissioners,
not to keep, but that they might speak to it and return it with
their answer.

Andrew Montour said he was now going to resume t*he Speech
of the Six Nations at Ohio.
"Brethren:

" You have now heard the Twightwees speak for themselves. We
heartily join with them in their Petition. They are numerous, and
tho' poor yet they are worthy of your Friendship, and as such we
most heartily recommend them to you by this bundle of Skins."

Here they laid down a bundle of Skins.
" Brethren :

" We beg leave before we conclude to become Intercessors for the
Shawonese, who have given you just Cause of Complaint. They
have told us that the Grovernor of Pennsylvania sent a Letter some
Years ago requiring them to come down, but being conscious they
had acted wrong, they had delayed hitherto to clo it, & have taken
this opportunity of our coming to make use of us, desiring us to
ask that for them which they dare not ask for themselves; that is,
that they may be received again into favour, they having owned
their fault, and given us the strongest assurances of their better
behaviour for the future. Forgive us, therefore, if we entreat you
wou'd be pleas'd to drop your resentment, and however they have
behav'd hitherto, we hope a sense of your goodness will prevail
with them to become good & faithful Allies for the future."

Gave a String of Wampum.

Andrew Montour informing the Commissioners he had delivered
all that was given him in Charge to say at present, the Indians
withdrew.

*N. B. — A Day & a Night in the Indian Language signifies a Year.

PROVINCIAL COUNCIL. 311

At a Meeting of the Commissioners held at Lancaster the 21st
July, 1743.

PRESENT :

Benjamin Shoemaker^ Joseph Turner, \ ™

Thomas Hopkinson, William Logan, j J " "

The Secretary having settled the Minutes of yesterday, the same
were taken into Consideration, k that part thereof which relates to
the Shawonese not giving the Commissioners satisfaction, Mr. Wei-
ser was sent to Scarrowyady to consult with him thereupon, who
returned & inform'd the Board that according to order he had con-
sulted with Scarrowyady, and he in the presence of Andrew Mon-
tour deliver'd himself as follows :

" Neueheeonno, Kekewatcheky, Sonatziowanah, and Sequeheton,
Chiefs ef the Shawonese now left at Allegheny, met in Council and
addressed themselves to the Delawares and to the Six Nations on
Ohio in the following manner :

" ( Grand Fathers and Brethren —

" c We the Shawonese have been misled, & have carried on a pri-
vate Correspondence with the French without letting you or our
Brethren the English know of it. We travelled secretly through
the Bushes to Canada, and the French promis'd us great Things,
but we find ourselves deceived. We are sorry that we had any
thing to do with them. We now find that we cou'd not see, altho'
the Sun did shine. We earnestly desire you wou'd intercede with
our Brethren the English for us who are left at Ohio, that we may
be permitted to ,be restored to the Chain of Friendship and be
looked upon as heretofore the same Flesh with them.' Thus far the
Shawanese.*

" Whereupon the Indians of the Six Nations & the Delawares
having received these assurances of their Concern for their past be-
haviour, undertook to become their Intercessors, and have brought
along with them three of the principal Shawonese to make their
Submissions in Person.

* Some of the Shawonese were seduc'd by Peter Chartier, a noted Indian
Trader and Inhabitant of Pennsylvania at the beginning of the French
War, & remov'd from their Towns to be nearer to the French Settlements
on the Missississipi. Some time after several of these Deserters return'd,
of which Neucheconno & his Party were some ; these, it seems, together
with Kekewatcheky, the old Shawonese King, and his Friends, who had
withstood the sollicitations of Chartier, join'd together & apply'd in this
submissive manner to Scarrowyady.

312 MINUTES OF THE

At the Court House at Lancaster, Friday, the 22d July, 17481.
present :
Benjamin Shoemaker, Joseph Turner, > -EgaTS

Thomas Hopkinson, ' William Logan, j " *

The Magistrates and many of the Inhabitants of Lancaster
County.

The same Indians as on Wednesday.

The Commissioners order' d the Interpreter to let the Indians
know they were going to give them an answer.

" Brethren, you who live at Ohio of the Six Nations and others:

u We are coneern'd that Scarrowyady continues so ill as not to
be able to attend, but are pleas' d to hear he is in a fair way of Re-
covery, and that he cou'd give the necessary Instructions to Mr.
Andrew Montour about the Business which brought you here. We
take it for granted that your Sentiments are fully & truly expressed
in the Speeches delivered, & shall, therefore, answer the several
matters contained therein in the order they were spoke.

" Brethren of the Six Nations & others living at Ohio :

" It gives us no small Satisfaction to observe the Regard you
have shewn to the Messages sent you by the Governors of His
Majesty's Provinces in endeavouring to gain over to His Majesty's
Interest as many of your Allies as you cou'd influence. This is
agreable to your Duty, & was recommended to you in a particular
manner by the G-overnor of this Province at the commencement of
the French War. As the Twightwees shewed so great an Inclina-
tion to enter into our Friendship and desir'd you to conduct them
hither, the part you have acted on this occasion was kind and pru-
dent, and we think ourselves oblig'd to You for encouraging them
& shewing them the way.

" Our Approbation of your Conduct is testified by this String of
Wampum.

l( Brethren :

" As there is reason to think from the manner in which the
Twightwees have made their Application for a Council Road to the
English Provinces, that it is not a sudden or a hasty step, but well
considered by them, & may take its rise from the different Treat-
ment which Indians of all Nations meet with at the hands of the
English from what they experience while in the French Interest,
we are inclinable to think them sincere, and that when admitted
into our Chain they will not likely break it.

" A Council Road to this Province is a measure which nearly
concerns you, as it is to be laid out thro' your Towns, and no doubt
you have thought well of this, and conceive you may depend on the

PROVINCIAL COUNCIL. 313

sincerity of their professions & that it may be for our mutual
benefit, or you wou'cl not join with them in making this Request.
At your Instance, therefore, and from the opinion we have of your
prudence & Integrity, we consent that such Road may be opened ;
and it may be depended on that on our Parts it will always be kept
clean, not the least obstruction shall be suffer'd to remain in it.

" In Confirmation whereof, We give this String of Wampum.
" Brethren of the Twightee Nation :

" At the Intercession of our good Friends & Allies the Six Na-
tions we have granted you a Council Road, whereby you have free
access to any of His Majestie's Provinces; we admit you into our
Friendship and Alliance, and, therefore, now call you Brethren, an
appellation which we hold sacred, and in which is included every
thing that is dear. It obliges us to give you assistance on all occa-
sions, to exercise unfeigned affection towards you, to take you into
our Bosoms, to use our Eyes and Ears and Hands as well for you
as for ourselves. Nothing is put in competition by an Englishman
with the Faith and Honour due to those whom our Gracious King
pleases to take into his Protection, admit into his Chain of Friend-
ship, and make them our Fellow Subjects. From that Moment
they become our own Flesh and Blood, and what hurts them will
equally hurt us. Do you on your parts look upon this Important
Name of Brethren in the same Light • You must no more think of
Onontio & his Children, all that sort of Relationship now ceases —
His Majesty's Friends are your Friends, and his Majesty's Enemies
are your Enemies. On these Conditions we accept your Calumet
Pipe, and shall lay it up very carefully that it may be always ready
for use when you and we come together. In token of our readiness
to receive you into our Chain of Friendship, we present you with
this Double Belt of Wampum as an Emblem of Union.
" Brethren of the Twightwee Nation :

" We understand that by an antient Custom observ'd by your
Ancestors, the Delivery and acceptance of the Calumet Pipe are the
Ceremonies which render valid & bind fast your Alliances. We
must now tell you what our Usages are on these occasions. The
English when they consent to take any Nation into their Alliances
draw up a Compact in writing, which is faithfully Interpreted to the
contracting Parties, and when maturely consider'd and clearly and
fully understood by each side, their assent is declar'd in the most
publick manner, and the stipulation render' d authentick by Sealing
the Instrument with Seals, whereon are engraven their Familie's
Arms, writing their names, and publishing it as their Act & Deed,
done without force or constraint freely and voluntarily. This is the
English Method of ratifying Treaties, this is the grand Security
each gives of his Faith, and our Brethren of the Six Nations, the
Delawares, Shawonese, and all other Indian Nations, when they
first enter' d into the Chain of Friendship with us, executed Instru-

314 MINUTES OF THE

merits of this Nature, and as you are now one People with us in
the same manner with all other of our Indian Allies, it will be ex-
pected by this and His Majesty's other Governments that you will
do the same. For your satisfaction we now show you some of the
Deeds that the Indians executed when they first enter'd into our
Alliance.

" Brethren Deputies of the Twightwees :

"You say some of your Allies having heard of your Intentions
to apply for admittance into the Freindship & Alliance with the
English, desired you to acquaint them with the Success of such Ap-
plication, to the end that they might have an opportunity of asking
the same favour. As we don't know the Names of those of your
Allies, their number, or Situation, we cannot be more particular at
present on this head than to tell you that we are always ready to
receive favourably the applications of all those whom our Brethren
of the Six Nations shall recommend as worthy of our friendship
and Regard.

" In Testimony whereof we have wrapped a String of Wampum
round the Calumet Pipe sent by your Allies.

"Brethren of the Six Nations, &c, at Ohio :

" You perceive that at your Request we have receivee the Twigh-
twees into our Friendship. We take kindly your conducting them
to us for that end, and as a proof of our being well pleased with
your Conduct on this occasion, we have ordered our Interpreter to
deliver you at Mr. Croghan's some English Goods that are lodged
there for the use of the Indians.
" Brethren :

" Your intercession for the Shawonese puts us under difficulties.
It is at least two Years since the Governor of Pennsylvania wrote
to Kekewatcheky a Letter, wherein he condescended out of regard
to him & a few other Shawonese who preserved their fidelity, to
offer those who broke the Chain a Pardon on their submission on
their Return to the Towns they had deserted, and on their coming-
down to Philadelphia to evidence in Person the sincerity of their
repentance. This they should have immediately complied with, and
they wou'd have readily been admitted into favour, but as they did
not do it, what can be said for them ? You who live amongst them
best know their Dispositions, and wou'd not, it may be hop'd, become
Mediators for them were you not persuaded they wou'd return to
their Duty. Some of them it may be allowed are weak People,
and were perverted from their Duty by the persuasions of others,
but this cannot be thought to be the Case of Ncucheconno & a few
more. As, therefore, you have taken upon you the Office of Inter-
cessors, take this string of Wampum & ^herewith Chastize Neuche-
conno and his Party in such Terms as shall a proper Severity
with them, tho' the expressions are left to your discretion, and then

PROVINCIAL COUNCIL. 315

tell the delinquent Shawonese that we will forget what is past and
expect a more punctual regard to their Engagements hereafter."

Here was delivered a String of Wampum.

" ' Tis but Justice to distinguish the Good from the Bad ; Keke-
watchekyand his Friends who had virtue enough to resist the many
fine Promisses made by the Emissaries of the French, will ever be
remembered with Gratitude & challenge our best Services. To
testify our Regard for these, we present them with this

"Belt of Wampum.

" And have ordered our Interpreter who is going to Ohio to give
them a present of Goods."

The Commissioners gave a handsome Entertainment to the Depu-
ties of the Twightwees and the Indians who conducted them from
Ohio, and after Dinner enter'd into a free Conversation with them
about the Numbers and Situation of their Towns and those of their
Allies; and by their Informations it appears that the River
Ouabache takes its rise from a Lake at a small distance from the
West end of Lake Erie, from which it runs South- Westerly 4 or
500 Miles, and falls into the Ohio about 300 Miles from the Missis-
sippi ; that on this River and another River called the Hatchet, the
Twightwees- and their Allies have Twenty Towns, and that they
count one thousand fighting Men; that it is a plain Country & of
a rich Soil abounding with Game. The principal Deputy of the
Twightwees laid clown with Chalk the Courses of the Mississippi,
of Ouebache,& of Ohio, marking the Situation of their own Towns,
of Lake Erie, & of two Forts that the French have on the
Mississippi, whereby it is Manifest that if these Indians and their
Allies prove faithful to the English, the French will be deprived of
the most convenient & nearest communication with their Forts
on the Mississippi, the ready Road lying thro' their Nations, and
that there will be nothing to interrupt an Intercourse between
this Province & that great River.

At the Court House at Lancaster, Friday, July 22d, 1748.
P. M.

PRESENT :

The same as in the Morning.

Taming Buck, one of the Chiefs of the Shawonese, stood up and
spoke as follows :

" Brethren —

" We, the Shawonese, sensible of our ungrateful Returns for the
many favours we have been all along receiving from our Brethren
the English ever since we first made the Chain of Friendship, came

316 MINUTES OF THE

along the Road with our Eyes looking clown to the earth, and have
not taken them from thence till this Morning, when you were pleased
to Chastise us, and then pardon us. We have been a foolish Peo-
ple & acted wrong, tho' the Sun shone bright and shewed us very
clearly what was our Duty. We are sorry for what we have done
and promise better behaviour for the future. We produce to you
a Certificate of the renewal of our Friendship in the year 1739, by
the Proprietor and Governor. nBe pleased to sign it afresh, that it
may appear to the world we are now admitted into your Friendship,
& all former Crimes are buried & entirely forgot."

The Commissioners received the Deed but refus'd to Sign it,
letting them know they were forgiven on Condition of better be-
haviour for the future; and when they shall have performed that
Condition it will be time enough to apply for such Testimonials.
Orders were given for mending their Guns and Hatchets, and then
the Twightwees were told that the Secretary was preparing an In-
strument for rendering authentick our Treaty of Friendship with
them, which wou'd be ready at Nine o' Clock in the morning, to
which time the Commissioners adjourn'd.

At the Court House at Lancaster, Saturday, 23d July, 1748.

PRESENT :

Benjamin Shoemaker, Joseph Turner, ) ^

Thomas Hopkinson, William Logan, j ^

The Magistrates and many of the Inhabitants of Lancaster County.

The same Indians as Yesterday.

The Instrument and Counterpart having been prepar'd and ap-
prov'd by the Commissioners, the Contents thereof were read and
carefully Interpreted to & approv'd by the Indians, & then they
were executed by the Commissioners and the three Deputies of the
Twightwees, the other Indians mentioned therein signing as Wit-
nesses, together with the Magistrates and Inhabitants present.

" Whereas, at an Indian Treaty held at Lancaster, in the County
of Lancaster and Province of Pennsylvania, on Wednesday the
Twentieth Day of July, Instant, before the Honourable Benjamin
Shoemaker, Joseph Turner, Thomas Hopkinson, and William Logan,
Esquires, by virtue of a Commission under the Great Seal of the
said Province, dated at Philadelphia the sixteenth Day of the same
Month, Three Indian Chiefs, Deputies from the Twightwees, a Na-
tion of Indians situate on or about the River Ouebache, a Branch
of the Biver Mississippi, viz. : Ciquenackqua, Assepausa, and Na-
toecqucha, appeared on behalf of themselves & their Nation, & prayed
that the Twightwees might be admitted into the Friendship and
Alliance of the King of Great Britain and his Subjects, professing

PROVINCIAL COUNCIL. 317

on their Parts to become true and faithful Friends and Allies to the
English, and so forever to continue, and Scarrowyacly, Cadarianiaha,
Chiefs of the Oneido Nation, Suchrachery, a Chief of the Scneka
Nation, Caniuckodon, Cantyuckqua, Ecknisera, Chiefs of the Mo-
hocks, Lawachcanricky, Taming Buck, Ossoghqua, Chiefs of the
Shawonese, and Nenatcheehon, a Chief the Delaware Nation, all of
them Nations in Friendship and Alliance with the English, becom-
ing earnest Intercessors with the said Commissr' on their behalf, the
Prayer of the said Deputies of the Twigh twees was granted, and a
firm Treaty and alliance of Friendship was then stipulated and
agreed upon between the said Commissioners and the said Deputies of
the Twightwee Nation, as by the Records of Council remaining at
Philadelphia, in the said Province, may more fully appear. Now
these Presents Witness, & it is hereby declared that the said Na-
tion of Indians called the Twightwees are accepted by the said Com-
missioners as Good Friends & Allies of the English Nation, and
that they, the said Twightwees and the Subjects of the King of
Great Britain, shall forever hereafter be as one Head and one Heart,
& live in true Friendship as one People, in Considertaion whereof
the said Ciquenackqua, Assepausa, & Natoecqueha, Deputies of the
said Twightee Nation, Do hereby in behalf of the said Nation Cove-
nant, Promise, & Declare that the several People of the said Twigh-
twee Nation, or any of them, shall not at any time hurt, injure, or
defraud, or suffer to be hurt, injured, or defrauded, any of the Sub-
jects of the King of Great Britain, either in their Persons or Estates,
but shall at all times readily do Justice & perform to them all Acts
and Offices of Friendship and good Will. Item; that the said Twigh-
twee Nation by the Alliance aforesaid becoming entitled to the
Privelege and Protection of the English Laws, They shall at all times
behave themselves regularly & soberly according to the Laws of this
Government whilst they shall live or be among or near the Christian
Inhabitants thereof. Item ; that none of the said Nation shall at
any time be aiding, assisting, or abetting to or with any other Na-
tion, whether of Indians or others, that shall not at such time be in
Amity with the Crown of England and this Government. Item ;
that if at any time the Twightwee Nation by means of Evil minded
Persons & Sowers of Sedition shou'd hear any unkind or disadvan-
tageous Reports of the English, as if they had evil designs against
any of the said Indians, in such case such Indians shall send No-
tice thereof to the Governor of this Province for the time being, &
shall not give Credit to the said Reports till by that means they
shall be fully satisfied of the truth thereof; And it is agreed that
the English shall in such cases do the like by them.

" In testimony whereof as well the said Commissioners as the
said Deputies of the Twightwee Nation have smoked the Calumet
Pipe, made mutual Presents to each other, & hereunto interchange-
ably set their Hands and Seals, the Twenty-third Day of July, in
the Year of our Lord, 1748, and in the 22d Year of the Reign of

318 MINUTES OF THE

George the Second, King of Great Britain, France, and Ireland;
Defender of the Faith, &c.

"BENJAMIN SHOEMAKER, [l. s.]
"JO. TURNER, [l. s.]
"THOs HOPKINSON, [l. s.]
" WILLM- LOGAN, [l. s.]

" The Mark of
" CIQUENACKQUA, X [l. s.]

"The Mark of
"ASSAPAUSA, X [l. s.]

" The Mark of
"NATOECQUEHA, X [l. s.]
" Signed, Sealed, & Delivered in the Presence of Us ; —
"RICHARD PETERS, Secretary.
" CONRAD WEISER, Interpreter.
" The Mark of

" X ANDREW MONTOUR, Interpreter.
" ADAM PETER REEHM.
* "DAVID STOUT.

" GEORGE CROGHAN,
" MICHAEL HUBLY,
"JOHN FORSYTH,
" CONRAD DOLL,
" PETER PREEST,
" EDWARD SMOUT,
"THOMAS COOKSON,
"PETER WORRAL,
" GEORGE SMITH,
" The Mark X of SCARROWYADY,
" The Mark X of CADARIANIRKA,
" The Mark X of SUCHRAQUERY,
"The Mark X of CAMINCHODON,
"The Mark X of CUNTYUCKQUA,
"The Mark X of LAWACHCAMICKY.
"The Mark X of DOMINI BUCK,
" The Mark X of ASSOGHQUA,
"The Mark X of NENATCHEHON.
The Commissioners then enquired if the Indians had any particu-
lar news to communicate, and after some time spent in Conference
Suchraquery spoke as follows :

" The Indians of the several Nations living at Ohio return you
thanks for your acceptance of their good Offices in conducting the
Twigh twees and admitting them into your Alliance j likewise for
your Goodness in accepting their Mediation on behalf of the Shawo-
nese, & thereupon forgiving their late Breach of Faith. Our new
Brethren, the /Twightwees, tell us that they have brought a few
Skins to begin a Trade, and they desire you would be pleased to

PROVINCIAL COUNCIL. 319

order the Traders to put less Stones in their Scales that their Skins
may weigh more, and that they may allow a good Price for them,
which will encourage them and their Nation to Trade more largely
with You." This the Commissioners promis'd to do.

The Commissioners inform'd the Indians that there was likely
to be a Peace between the King of England and the French King j
that the News was but just arriv'd and imperfectly told, but that
there was actually a Cessation of Arms. The Indians making no
Reply, the Commiss"' after ordering a Present to the Twightwee
Deputies, rose & put an End to the Treaty.

Captain Smyter being ready to Sail for London, Mr. Taylor &
Mr. Hopkinson are appointed a Committee to draw up an answer to
the Proprietaries Letters, and it is recommended to them to sett all
matters relating to the Association in their true Light.

At a Council held at Philada. 30th July, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President,
Thomas Lawrence, Samuel Hasell, "]

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker, j^Esqrs,

Joseph Turner, Thomas Hopkinson,

William Logan,

The Minutes of the preceding Council were read & approved.

Mr. Taylor laid before the Board the Draught of a Letter to the
Proprietaries, which was approved, & the Secretary is order' d to
write it fair to be Sign'd by all the Members.

"Philada., July 30th, 1748,
u Gentlemen :

" As we don't think it necessary to distinguish between the Let-
ters which we receive from either of you seperately & those which
are signed by both jointly, we take this opportunity by Captain
Smyter of acknowledging your several favours of the 16th & 29th
of October, and of the 12th, 29th, and 30th March last, and are
well pleased to find therein that some parts of our Administration
are approved of. But we must own it gave us no small Concern
that the measures which have been taken to prevent this City or
perhaps this Colony from falling into the Hands of His Majestie's,
or that endeavouring to preserve the Lives & Properties of its In-
habitants from Murder & Rapine (at a time when it was notorious
both to this & the neighbouring Governments that Designs were
meditating & preparations in our Enemie's Ports actually and
avowedly carrying on for these purposes) shou'd be thought Illegal
or Unwarrantable.

320 MINUTES OF THE

"The frequent & repeated Accounts we received of the Enemie's
designs and their Preparations (the Truth whereof hath been since
confirmed) — their Boldness and Insolence in coming up the River
last Summer — the weak & impotent Condition of the Province,
either to repell an Enemy or suppress Tumults and Insurrections,
which were very much apprehended wou'd attend an Invasion, added
to the Murmurs and complaints of the People, who having been re-
fused any assistance from their Iiepresentatives, were laid under a
Necessity of applying to the Council for their Countenance and
leave to bear Arms and form themselves into proper Bodies for their
mutual defence, were sufficient Causes for our taking this matter
into our most serious Consideration ; And it was very evident that
the Government of itself was unable to give them any Protection,
and wou'd in our opinions have been both unjust & unreasonable as
well as very unfit to disable them from defending themselves, as it
might increase their discontent and probably end in a dissaffection
if not a real disobedience to such Government and Laws as wou'd
allow them no kind of Security in so dangerous a Conjuncture.
The Council observing that the best and soberest of the Inhabitants
were extremely desirous of uniting upon this occasion, provided
they cou'd have Lycence and Permission from them for so doing,
accordingly granted them the liberty of meeting under Arms &
forming themselves into proper Companies for learning Military
Discipline; and as some will of course be more expert and assiduous
than others, such were thought fittest for a Command and were ac-
cordingly recommended to the Council for their approbation • and as
we had an opportunity of knowing the Characters of the Persons and
their fitness for such a Trust, and that such as were recommended were
Friends to the Government, especially the Principal Officers who
were under the immediate direction of this Board, we accordingly
granted them such Commissions as the former Governor had issued;
and in a few Months we had the satisfaction to see a great number
of the most substantial Freeholders formed into Companies, fur-
nished with Arms and Ammunition, & every Day attending with
great Chearfulness, in a most severe Cold Season, to learn the use
of them, in which they made a very amazing progress in a short
time, so that from a State of the greatest anxiety we soon found
this Association had given us a degree of strength and security
sufficient to quiet the minds of the People, to preserve the Peace of
the Government in case of Insurrections, and to frustrate the
Designs of our Enemies, and to it (under God) we must attribute
the Preservation of the City of Philadelphia.

" If any doubt shou'd remain with you about the Legality of it,
we imagine it must arise from a supposition that the Associators
acted independently of the Government; but this will appear to be
without foundation from the very Tenor of the Officers' Commis-
sions, one of which we have inclos'd for your Satisfaction.

" You are pleas'd very justly to observe, that we cannot be war-

PROVINCIAL COUNCIL. 321

ranted in granting Commissions to any Officers who axe to receive
their Orders from others than ourselves or those we shou'd appoint,
as this wou'd be giving the power of governing the Militia from the
King to the People, and wWct undoubtedly he greatly Criminal ;
but this we always guarded against, tho' we cou'd not find it was
ever expected or intended ; on the ^contrary, the inferior Officers
were to take their Orders from their Superiors, & the Superior
Officers were constantly to receive their Orders from this Board.

" Possibly the not fully understanding that part of the Articles
of the Association relating to the Military Council might occasion
this mistake ; but when we assure you that Council was Invested
with no Powers in respect to Actions, but was only intended as a
proper Band of Union for the different Regiments of different
Counties, that the whole might become as one body, & that one and
the same Spirit might, by the means of this ^Common Council, be
more easily communicated to & diffused among the several Parts;
•and also to ma'ke those Regulations which are usually the matter of
Militia Laws and are necessary in every Militia, but cou'd not be
hoped for from our Assembly, and if made by any not chosen by
the People wou'd not proBably be so likely to be regarded ; such
as fixing the, times & places for the meeting of the Companies to be
exercis'd in Arms, and directing the Conduct to be observ'd on
these occasions; settling the manner of making and spreading
Alarms, the places of Rendezvous of particular Companies & of
whole Regiments, on the Alarm, & the Conduct the Officers are to
observe at such times till they shall receive Orders from the G-over-
aor or Comna&ndef -in-Chief, &c, &c, &c.j All which Regulations
were intended to fee laid before the Governor or President & Coun-
cil for their approbation, and to be of no force without that .Sanc-
tion.

aBut in Matters of Action in Time of Service it was never
-•undestood that the Military Council shou'd meet to give Orders;
no such thing wasimagin'd; but the Orders were to be expected from
the Captain General, i. e., the Governor for the time being. If
•every thing intended by the Assoeiators was not dearly exprest in
that short Instrument, by which they first engaged themselves, it
may be imputed to the Novelty of the Scheme, for which they had
no Precedent, and to the haste in which the whole Affair was neces-
sarily carried on, especially since they have not in any part of their
Conduct given the least Umbrage that they aim at in assuming any
Powers inconsistent with the prerogatives of Government; and we
have reason to believe that if the Military Council are not prevented
from sitting by the declaration of a Peace, One of their first Acts
may be an Explanation of every thing in the Scheme that is doubt-
ful or liable to misconstruction, to the full satisfaction of the Gov-
ernment.

•" On the whole, as the Associators had no Power7 nor pretended
yol. y. — 2L

322 MINUTES OF THE

to have any but what thej receiv'd from this Board, and as we
granted none but such as we think are well warranted by the Char-
ter, we hope you will be as well satisfied of the Legality of this
proceeding as we assure ourselves you are of the usefulness and
necessity of it.

" Shou'd the Associators have assumed to themselves Powers the
least derogatory of His Majestie's Prerogative, or have acted other-
wise than for His Majestie's Service, or that of the Country, we
always had it in our Power instantly to put a stop to such proceed-
ings by suppressing their Officer's Commissions; but this we had not
the least reason to apprehend ; on the contrary, their Conduct from
the Beginning has been orderly k regular ; their zeal & Industry
remarkable, tho' it has been a hard Service on them and their Offi-
cers ; a constant, regular Guard has been kept on the Battery with-
out the least Grudging or Discontent, and at their general Musters
they have discovered a Skill & Regularity that has surprised every
body; the whole has been attended with such Expence, Care, and
Fatigue (in which permit us to say we have had our share) as would
not have been born or undertaken by any that were not warm &;
sincere Friends to the Government, and true Lovers of their. Coun-
try. In short, by this means we have, in the opinion of most
Strangers, the best Militia in America, and one of the compleatest
Batteries, of its size, on the Continent, so that had the War con-
tinued we shou'd have been in little Pain about any future Enter-
prizes of our Enemies.

u As the part we have acted in this Affair was intended, so it has
really proved, to be of the greatest Service to our Country, and the
most that could be done at such a critical Juncture for His Majes-
tie's Service and your own; and whatever opinion Lawyers or others
not fully acquainted with our unhappy Circumstances, may enter-
tain of it, it is, in our opinion, one of the wisest & most useful mea-
sures that was ever undertaken in any Country. It would, there-
fore, be too sensible a mortification to the Inhabitants to find their
zeal and laudable Intention on this occasion and the real Service
they have done so far mis-understood as to subject them to Censure.
We hope, however, when the Association & the good effects of it
come to be fully considered & understood, and the Conduct of its
Members impartially cxamin'd, it will be found to have been under-
taken with a laudable Design, and conducted in all its Parts with
such order as is consistent with the strictest Rules of good Govern-
ment, and will, therefore, merit your approbation.

" The Treaty we have lately had with the Indians at Lancaster
will, we hope, be productive of considerable advantages to the
People of this Province, by enlarging our Indian Trade and ex-
tending our Friendship & Alliance to Indians hitherto unknown to
us. We parted with much satisfaction on both sides, & expect on
their Return we shall be address'd by other Nations in their Neigh-
bourhood.

PROVINCIAL COUNCIL. 323

"The Pardon so earnestly sought for by the Shawonese, & their
submission appearing sincere, we thought not proper to refuse,
especially as the Six Nations became Intercessors for them. We
hope when you have perus'd the Treaty itself, to which we beg leave
to refer, you will approve of it. We earnestly wish for the arrival
of our Governor, as we expect great Satisfaction from his Adminis-
tration, & as it will be some Relief to Us who we assure you have
been fully employed in the Business of the Publick ever since Col0-
Thomas' Departure. If we shou'd be so happy as to have given
You the same satisfaction in our Administration as we flatter our-
selves we have given the People under our Care, we shall think our
Time & Pains well bestowed. We are,

"Gentlemen, Your most obedient humble Servants,
" ANTHONY PALMER,
"THOMAS LAWRENCE,
" SAMUEL HA'SELL,
"WILLIAM TILL,
"ABRAHAM TAYLOR.
"The Honoble. the Proprietaries of the Province of Pennsyl-
vania."

At a Council held at Philadelphia, Thursday, 4th August, 1748,
present :

The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ~)

Abraham Taylor, Robert Strettell, > Esqrs.

Benjamin Shoemaker, Joseph Turner, J

The President laid before the Board a Letter from Captain Mais-
terson, which being read and the sentiments of the Board taken
thereon, an answer was wrote thereto, & both order'd to be enter'd*

"Hector, Delaware Bay, July 28th, 1748.
"Sir:

" Being cruizing along the Coast I put in here thinking it my
Duty to .see if I cou'd get any Intelligence of the Enemie's
Privateers.

" On the 9th Instant I wrote a Letter & sent it to Coll0, McKenzie,
desiring him to direct it to some Gentleman in Philadelphia (I not
being acquainted) to inform the Inhabitants that on the 6th I retook
a Schooner of about 40 Tons, laden with Sugar. She had no Eng-
lish on board, only ten Spaniards, & no Papers of any kind. The
Spaniards cou'd not tell her Name, nor give any other account of
her than that she came from Providence laden with French Sugar
& bound to Philada. I shou'd be glad to know, Sir, if any Person
in this Colony lays claim to her.

324 MINUTES OF THE

"As His Majesty's Ship, the Loo, is now gone to Norfolk in
order to heave down, I am afraid it will prevent me from doing so
for sometime. I should therefore be very much oblig'd to you to
inform me whether there is a conveniency here to heave down a
Ship which draws seventeen feet Water.

" I shou'd be very glad to have the pleasure of seeing you or any
Gentlemen on board the Hector. Your answer will be of great
Satisfaction to,

" Sir, Your most obed'- h'ble Servant,

"SAML. MAISTERSON.

"The Honoble. Anthony Palmer, Esqr.

u P. S. — On the 15th Instant in the Evening I joined Company
with His Majesty's Sloop the Otter, who had with her two French
Prizes. The next Day, in the morning, we took a Spanish Priva-
teer Schooner of ten Carriage & ten Swivel G-uns, and retook three
Vessels that had been taken by the said Privateer, and carried them
into Hampton Road.

" On the 27th I left the Otter and the Prizes there."

"Philada., August 2d, 1748.
"Sir:

" I have the Honour of yours of the 28th July, which did not
come to my Hands till Yesterday afternoon. The Council, to whom
I communicated it, express a good deal of Pleasure at your kind
Inclinations to favour this City with your Company if the depth of
the River wou'd permit, & You wou'd have any conveniency of
Careening. As to the first, there are several careful and knowing
Pilots at Lewes, who can give you satisfaction on this head, par-
ticularly Abraham Wiltbank & John Mawle, and if they will un-
dertake to Pilot You, as they know all the places of Danger well, I
believe you may safely trust them. I am told that Vessels of as
large a draught of Water as the Hector have come up here, & that
at Red Bank, the Place of the greatest Danger, the Channel is
deeper now than formerly, but as to the Navigation you will be
pleas'd to take the advice of the Pilots at the Capes. As to the
second point I can venture to assure You that there are Wharfs
here which your Ship may easily lye at & with safety heave down;
the danger mostly apprehended by the Council is, that you will not
be able to keep your Sailors j this Port is on this account one of
the worst in the World, as there is abundance of ways to get out of
Town, & abundance of bad People to conceal & assist the Run-
aways. Capt"- Ballet experienc'd this & found it an hard matter to
get Men, tho' our Vessels were taken every day at the Capes, and
it was the Interest of every trading Person to assist him; and the
Merchants did really exert themselves.

* In every other respect it is believed you will be well accom-

PROVINCIAL COUNCIL.

325

modated, and you may depend on the Council's doing all in their
Power to make the place agreeable to You, in which they shall have
the hearty concurrence of, t

" Sir, Your most humble Servant,

"ANTHONY PALMER.
" To Captn- Maisterson, of the Hector, Man-of-War, in Delaware

Bay-

Coll0" Graydon inform'd the Board that Bernard Yanhorn, Ralph
Dunn, & some other Persons belonging to the Associated Company
of Northampton Township, Bucks County, had withdrawn them-
selves from that Company, & had presum'd, contrary to the Asso-
ciation sign'd by them, to form a new Company & to proceed to
the Choice of Officers, and the Choice falling on the said Bernard
Vanhorn to be Captain, Robert Cummings Lieutenant, & the said
Ralph Dunn to be Ensign, they had so far impos'd on the Board
as to obtain Commissions, & as this might be attended with evil
Consequences, he requested that the Affair might be examin'd into
& their Commissns superceded ; whereupon Orders issued from the
Board to the Officers of both Companys to appear in Council on
Friday the 12th Instant.

li A List of Officers to ivhom Commissions have been granted since
the last Entry.

Philadelphia Goiinty.

Jacob Leech, late Lieutenant, was elected Captain in the room of
Thomas York.

John Barge, late Ensign of the said Company, Lieutenant in
the room of Jacob Leech.

Jacob Naglee Ensign in the room of John Barge.

Captains.

Ensigns.

Lieutenants.

Chester County.
Thomas Hubert, junT-' John Rees, Anthony Richard,

George Leggit, Thomas Leggit, Archibald Young.

Lancaster County.

John Harris.
John Edwards,

David Marshall,
James Edwards,

Neio Castle County.

David John, Robert Stewart.

Kent County.
David Clark, William Green,

James Lewis, • James James.

326 MINUTES OF THE

At a Council held at Philadelphia, 12th August, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, ~)

Abraham Taylor, Robert Strettell, > Esqrs.

Joseph Turner, Thomas Hopkinson, j

The Minutes of the preceding Council were read & approv'd.

Lieutenant Wynkoop, in behalf of Captain Bennetts Company of
Associators in Northampton Township, Bucks County, & likewise
C. Bernard Vanhorne & Lieutenant Robert Cummings, in behalf
of their Company, attending with their Witnesses, both Returns
were examin'd ; & it appearing from thence that the said Vanhorne
and fourteen more did actually belong to Captain Bennet's Com-
pany, and that, therefore, they cou'd not, consistent with their Ar-
ticles, proceed within the Year to another Election, the Commis115,
of the said Bernard Vanhorne, Robert Cummings, & Ralph Dunn,
were superseded. Such of the Inhabitants, however, as did not be-
long to Captain Bennet's Company & were minded to Associate
might chose their Officers again, & on the Return of fit Persons &
their Petition for Commissions, the Council would readily grant
them.

The following Letter from Governor Trelawny was delivered to
the President in Council, & read as follows, viz. :

" Jamaica, May 27th, 1748.
« Sir :

"Admiral Knowles having represented to me in a Letter how
much His Majesty's Ships under his Command had suffer' d by de-
sertion, that they wanted 500 Men of their Compliment, by which
his Squadron would be disabled from doing the Service it was sent
for unless he cou'd be supplied with Men, which he had no hopes
of, but by having a Liberty to impress, he having tried all other
methods — by promising Pardon to such Deserters as skou'd return
within a limited time, & offering to Volunteers the Choice of serv-
ing on board any Ship in his Squadron they pleas' d and for what
time they shou'd agree for. His Majesty's Council of this Island,
to whom I communicated his Letter, were unanimously of opinion
that this was such an Emergency as required an Impress, within
the meaning of the Act for the better Encouragement of the Trade
of His Majesty's Sugar Colonies; and accordingly consented that
he might impress for the space of two Months, which they did the
more willingly as they were of opinion that the very deserters that
might be apprehended wou'd go a great way towards manning his
Ships, which might be effectually compleated by the Idle Seamen that
keep about the Punch Houses & wait to get extravagant wages for
the Run home, and that it cou'd be no prejudice to the Northward

PROVINCIAL COUNCIL. 327

Trade, the Admiral having been so kind to assure me that he wou'd
mot impress any that were Inhabitants or settled in any of the Colo-
nies in North America, which I thought it wou'd be proper to ac-
quaint you with, least the Merchants & Seafaring Men of Your
Province shou'd be under any uneasiness upon hearing of this Im-
press.

" For they may be assured the Admiral will religiously comply
with his Promise.

u I am, with great Respect,

u Sir, Your most obedient humb. Serv'-

" EDWARD TRELAWNY.

The Board were of opinion that as there was a Suspension of
Arms between Great Britain, France, and the States General, & all
likelyhood of a General Peace, there was no need of making the con-
tents of the Letter Publick.

The Accounts of the Expences of the late Treaty at Lancaster
were laid before the Board by the Secretary (after deducting the
value of the Presents from the Indians), amounting to the^Sum of
£166 18 0, and as all the Sums, excepting such as were disbursed by
the Secretary himself by order of the Commissioners, were certified.
by Mr. Weiser, they were approv'd, and it was resolv'd that they
should be laid before the Assembly with a proper Message to re-
commend the immediate payment of them.

Province of Pennsylvania to Expences of the Indians at the late
Treaty of Lancaster:

1748, July, Dr.

To George Croglian, as by Account of particulars

To George Gibson, as ^ Do.

To Michael Crouse, as *f Do.

To Jacob Sclaugh, as f Do.

To Doctor Boudes' Bill -----

To Docf- Regre - '

To Roger Connor ------

To Samuel Devenny, an Express to the Council on

the Indians' Arrival ----- 110 0

To John Morris attending the Indians by special

Order during their whole stay - - - 1 10 0

£

s.

a.

62

1

0

73

5

6

41

9

2

2

10

0

4

0

0

1

5

0

1

10

0

£189 0 8

Cr„
By 800 White Wampum to George

Croghan by Mr. Peters - - £1 4 0

By 55 lb. of Beaver, @ 8s. • - - 22 0 0

Carried forward, £23 4 0 £189 0 8

328 MINUTES OF THE

Brought forward,
By 7 J lb. of ordinary ditto, @ 6s. -
By 41 ordinary Summer Deer Skins,

weight 86 lb., @ 22d. -
By 15 dyes* Leather Skims, weight

29 H* - - . - -

Balanee -

N. B. — These Skins were received from the Indians at the Treaty ,
24th August, 1748.

Perus'd & approved by the Commissioners..

RICHARD PETERS, Clerk,

,23 4

2 5

0

0

£189 0 8

7 17

8

-

5 16

0

39- 2 $

-

-

£149 18 0

At a Council held at Philadelphia, Tuesday,. 23d Aug*' 1748.
present r

The Hoooble. ANTHONY PALMER, Esqr., Presld1-
Samuel Hasell, William Till, *)

Abraham Taylor, Robert Strettell, ( ™

Benjamin Shoemaker, Thomas Hopkinson, j ^

William Logan, J

The Minutes of the preceding Council were read & approv'd.

A Message from the Assembly by two of their Members that a
Quorum of the House met last Night pursuant to their Adj.ourn>-
ment, and if the President & Council have any thing to lay before
them they are ready to receive it; they were told that a Message
wou'd be sent them to-morrow morning.

The Board having examin'd the Council Mk>utes k from thence
extracted what is necessary to be laid before the Assembly, a Mes-
sage was drawn and agreed to, in order to be sent to-morrow morn-
ing at ten o'Clocli, to which time the Council adjourned.

At a Council held at Philadelphia, Wednesday, 24th August, 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,

William Till, Abraham Taylor,

Robert Strettcll, Benjamin Shoemaker,

Joseph Turner, Thomas Hopkinson,

William Logan,

The Minutes of the preceding Council were read & approved .

Esqrs.

PROVINCIAL COUNCIL. 329

The Message agreed to yesterday was again read & signed by the
President, & the Secretary sent with it to the House.

A Message from the President & Council to the Assembly.
" Gentlemen :

"In pursuance of His Majesty's Commands, signified to us by
His Grace the Duke of Bedford, we have caused His Majesty's
Proclamation for a Cessation of Arms to be Published here, which
by the Advices we have received we expect will soon be followed
by a General Peace.

" Since your last Sitting we have again taken into Consideration
the mischievious Practice of carrying Rum among the Indians, and
have not only issued a Proclamation for preventing it, but have or-
dered the Magistrates of Lancaster County to recommend it to the
Grand Jury, that the Delinquents may be prosecuted; whereupon
Bills of Indictment have been found against a great number of them,
which we hope will be some Cheque to this growing Evil, tho' we
cannot expect a total Stop will be put to it until the Laws provided
against selling Bum to the Indians be amended.

" The latter end of June last we received a Letter from His Ex-
cellency Governor Shirley, acquainting us that an Interview with
the Indians of the Six Nations was appointed to be held at Albany
on the 10th July, desiring that Commissioners might be sent from
this Government to be present at it to consult & join with the
other Commissioners there; but taking into Consideration your
Sentiments delivered to us in a matter of the like kind, and ob-
serving the Notice being so short that it wou'd scarcely afford time
sufficient for consulting with You on this Affair, and for appointing
Commissioners with proper Instructions, we declined calling You
together on this occasion.

" The Information we received from the Cajukas had the appear-
ance of a matter of the greatest Importance to the safety of the
People of this and the Neigbouring Governments; we, therefore;
immediately dispatched an Express with it to His Excellency the
Governor of New York, whose answer together with the Informa-
tion we received will be delivered you by our Secretary.

"In consequence of the Letters which in our Message we ac-
quainted you we had wrote to the Governors of Virginia and Mary-
land, the former has sent a Present for the Indians at Ohio, to be
delivered them by Mr. Weiser with the Presents from this Govern-
ment.

"We have the Satisfaction to acquaint You that the Twightwees?
a considerable Nation of Indians living on the Biver Ouabache, a
Branch of Ohio, hitherto in the French Interests, being desirous of
entring into Friendship with the English, communicated their In-
tentions to the Indians of the Six Nations at Allegheny, who con-

330 MINUTES OF THE

ducted their Deputies to Lancaster, where a firm Treaty of Friend-
ship & Alliance has been established between us. This must
necessarily strengthen the English Interest in general among
the Indians, contribute greatly to the Security of our Inhabitants
in time of War, and tend considerably to the enlarging our Indian
Trade, especially as we are assured .by the Twightwee Deputies
that not less than twelve towns in their Neighbourhood are equally
desirous with them to become our Allies, and settle a Correspond-
ence with us; & that they only waited to know the Success of their
Negociations, when they would make the like Application. Sbou'd
this be effected, besides the advantages already mentioned the
Intercourse between the French at Canada & the Mississippi would
be greatly interrupted, the nearest & most convenient Passage
being thro' those Towns. For other Matters of less Moment trans-
acted at that Treaty we shall refer you to the Treaty itself. You
will be pleased to order Payment of the Expences accrued on this
& other necessary occasions, an Account whereof will be delivered
to You.

" ANTHONY PALMER, President.
"August 24th, 1748. "

At a Council held at Philadelphia, 25th August, 1748.

present :
The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence, William Till, "]

Abraham Taylor, Benjamin Shoemaker, vEsqrs.

Joseph Turner, Thomas Hopkinson, J

A Letter from His Grace the Duke of Bedford, receiv'd by the
Delaware Captain Mesnard, was read, inclosing a Proclamation for
a Cessation of Arms, &c, whereupon the Board appointed Wednes-
day next, 11 o'Clock, for Publishing the same.

Order' 'd, That Notice be given to the Magistrates & the proper
Officers to give their attendance, and Copies are order'd to be sent
to Lancaster & the Lower Counties.

"Whitehall, 7th May, 1748.
"Sir:

"The King's Plenipotentiary & those of His most Christian
Majesty & the States General of the United Provinces having
Signed at Aix-la-Chapelle on the 19th of April last, 0. S., Prelimi-
nary Articles for restoring a General Peace, and in Consequence
whereof His Majesty has been pleased to order a Proclamation to
be Published, declaring a Cessation of Arms as well by Sea as
Land, which I send You herewith inclos'd. I am commanded by

PROVINCIAL COUNCIL. 331

His Majesty to signify to You His pleasure that You cause the
same to be Published in all the proper Places under your Govern-
ment, to the end that all His Majesty's Subjects there may pay due
obedience to, & a strict observance of the same.

" I am, Sir, Your most obedient, humble Servant,

" BEDFORD.
" Governor of Pennsylvania/'

" By the KING.
" A PROCLAMATION,

" Declaring the Cessation of Arms, as well by Sea as Land,
agreed upon between His Majesty the Most Christian King and
the States General of the United Provinces, and enjoining the ob-
servance thereof.

" George R.

u Whereas, Preliminaries for restoring a General Peace were
Sign'd at Aix-la-Chapelle on the 19th Day of April last, 0. S., by
the Ministers of Us, the Most Christian King, and the States Gen-
eral of the United Provinces ; And Whereas, For the putting an
End to the Calamities of War as soon and as far as may be pos-
sible, it hath been agreed between Us, His Most Christian King,
and the States General, as follows, that is to say —

" That Hostilities shou'd cease at Land within the Times and in
the manner in the said Preliminary Articles for that purpose agreed
upon; and at Sea from the respective Times and within the re-
spective Places hereinafter particularly mentioned.

" And to prevent all occasions of Complaints & Disputes which
might arise upon Account of Ships, Merchandizes, and other effects
which might be taken at Sea, it hath been also mutually agreed that
such Ships, Merchandizes, and Effects as shou'd be taken in the
Channel & the North Seas after the space of twelve Days, to be
computed from the said Nineteenth Day' of April last, on which
Day the said Preliminaries were Signed, and that all Ships, Merchan-
dizes, and Effects, which should be taken after Six Weeks from the
said Nineteenth Day of April beyond the Channel, the British
Seas, and the North Seas as far as Cape St. Vincent ; and for the
space of Six Weeks more beyond the said Cape to the Equinoctial
Line, whether in the Ocean or Mediterranean ; and for the space of
Six Months from the said Nineteenth Day of April beyond the said
Equinoctial line or Equator, & in all other Places of the World,
without any Exception or other more particular distinction of time
or place, shou'd be restored on both sides.

u And Whereas, pursuant to such agreement hostilities havo

332 MINUTES OF THE

ceased in the Low Countries, in such manner as was agreed upon
by the said Preliminaries ;

" We have thought fit, by and with the advice of our Privy Coun-
cil, to notify the same to all our Loving Subjects; and We do de-
clare that our Royal Will & Pleasure is, and We do hereby strictly
Charge & Command all Our Officers, both at Sea and Land, and all
other Our Subjects whatsoever, to forbear all Acts of Hostility,
either by Sea or Land, against His most Christian Majesty, his
Yassals or Subjects, from & after the respective Times above-men-
tioned, and under the Penalty of incurring our highest Displeasure.
u Given at our Court at S1, James', the fifth Day of May, in the

Twenty-first Year of our Reign, & in the Year of our Lord,

1748.
"GOD SAYE THE KING/'

At a Council held at Philadelphia Thursday, 1st Septr-' 1748.
present :

The Honourable ANTHONY PALMER, Esq., President.
Samuel Hasell, Abraham Taylor, j ™

Benjamin Shoemaker, Thomas Hopkinson, j ^

Captain Dowell, of the Pandour Privateer, having taken a large

French Ship called the St- Jaques Geneveive, Captn' Ke-

raudran, bound from Hispaniola to France, on the 14th August
last, which is after the time limited for Captures by His Majestic' s
Proclamation, the said French Captain came before the Council &
pray'd liberty to provide a new Mast, his present one being exceed-
ingly hurt by Thunder, & likewise to take on board a sufficiency of
Provisions. His Request was granted on his using the utmost Ex-
pedition, & not Landing any Goods.

Mr. Taylor inform'd the Board that he had put Officers on board
who wou'd prevent the Landing of any Goods.

A written Message from the House by two Members of the As-
sembly, who said that another was under the Consideration of the
House, & wou'd be ready to be sent in the Afternoon, The Message
was read, & it appearing that the Expences arising on the late Indian
Treaty had not all this time been consider'd by the House, it look'd
as if they wou'd let this lye over, whereupon the Gentlemen who
drew the former Message were desir'd to prepare another on this
Subject against to-morrow morning. The Council adjourn'd to the
Afternoon.

A Message from the Assembly to the President & Council.
" May it please the President & Council :
" The Information you are pleas'd to give us in your Message of

PROVINCIAL COUNCIL. 333

the 24th past, that 'in pursuance of His Majestie's Commands You
had caused His Majesty's Proclamation for a Cessation of Arms to
be publish'd here/ affords us great Satisfaction, & the greater from
the Prospect there is that it will 'soon be followed by a General
Peace/ The Calamities attending of War are so many & so great,
that every well-disposed Mind will be humbly thankful to Almighty
God for inclining the Hearts of the contending Monarchs towards
Peace. And every dutiful Subject ought to acknowledge the
Paternal Regard of our King, which appears in the great Care &
Sollicitude he hath been pleased to shew for the Accomplishment
of so salutary a Work. '

"The Care you have taken to prevent the carrying of Rum
amongst the Indians, and to remove the misunderstandings you
judge likely to have arisen between the Government of New York
& the Six Nations, and also the Measures pursued for extending
our Alliances & promoting Peace amongst the Indians by the Trea-
ties carried on within our own Government, and your not calling Us
together at a time when it could have been of little Publick Use,
we very much approve.

" The Particulars of the Treaty you have been pleased to lay be-
fore us, and the Charge which hath arisen by this Means, will in
due time come under our Notice, & such Provision made in it as the
House on Consideration shall judge reasonable.
" By Order of the House,

"JOHN KINSEY, Speaker.

"7th Mo. 1st., 1748."

P. M.

PRESENT :

The same Members as in the forenoon.

The following Message was delivered by two Members of As-
sembly & read, & the former Committee appointed to draw up an
answer.

A Message from the Assembly to the President & Council.

" May it please the President & Council :

"As it hath been our constant Care during the whole Time of
your Administration to avoid giving just Cause for any misunder-
standings between you and the Assembly, and have for this reason
overlook'd things which otherwise we might have eccepted against,
so we should have been very well pleased if nothing had happen' d
on your part which had a contrary tendency, such as might make it
necessary to shew our disapprobation of any parts of your Proceed-
ings. But the Resolves of your Board, which bear date on the

334 MINUTES OF THE

14 th June last, publish'd in the Gazette of the 16th of the same
Month, as we presume by your Order, are so very extraordinary,
as that without Breach of the Trust reposed in us by our Country,
we cannot, forbear to speak our Sentiments of them in the manner
which we think becomes the Representatives of the Freemen of the
Province of Pennsylvania.

" In the first Place, therefore, permit us to observe, we know but of
one Instance in which any such attempt was ever before made, viz. :
in the year 1741 ; and the Resolution of the Assembly at that time
upon it was, That for the Governor and Council to drawn in question,
arraign, & censure the Proceedings of the Representatives of the
Freemen of the Province in Assembly met, after the adjournment
of such Assembly, is assuming to themselves a Power the Law
hath not entrusted them with, is. illegal & unwarrantable, a high
breach of their Privileges, & of dangerous Example. On that oc-
casion the Governor allowed the properest time to have taken Notice
of the proceeding in Assembly was whilst they were sitting, but ex-
cused his not doing it as not knowing what they had done until
after their adjournment; and if this is reasonably to be expected
from a Governor who is at the head of the Legislature within the
Province, it is more! reasonable to expect it from the Presid'- and
Council, who, by our Constitution, are no Part of the Legislature,
nor are entrusted with any share in the making of Laws.

" In the present Case, the President & Council can have no such
Pretence as was made at the time we have mention'd. The Mess-
age which occasion'd the Resolves of your Board was delivered be-
fore we adjourn'd, and if you had thought any Remarks necessary
to have been made, it was in your Power to have desir'd our Stay
until it cou'd be done; but you were so far from desiring this, that
after the House had waited more than an hour, you at length let
them know, after what was contained in their Message, you did not
think it would be of any Service to say any thing further to them.

"How, after this and divers days' adjournment, the Board hap-
pened to resume the Consideration of our Message & form such
Resolves, introduced by publishing to the World that the House
adjourned before the Board had an opportunity of reading, con-
sidering, & replying to the written Message, will require some
Skill to account for.

"It appears to us rather as an after-thought, & calculated to
Purposes of no Benefit to the Publick, as well as expressed in
Terms far from being decent to the Representative Body of a Pro-
vince. Having premised thus much in general, permit us next to
take notice of such Particular Parts of the Resolves as we shall
think necessary, in order to acquit ourselves from the Aspersions
we think unjustly thrown upon us. And what we shall say to this
purpose we desire may be understood as intended to such of the
Council whose names are annexed to these Resolves; for we are

PROVINCIAL COUNCIL. 335

willing to think that had there been a full Council they wou'd not
have pass'd in the manner they are Published.

" By the first Resolve the President & Council are pleased to
say, that it was never understood in this Province that the Salaries
voted to Governors for their Support were intended to be laid out
in protecting and defending the People and Trade of the Pro-
vince, &c.

" You may be pleas' d to observe that in this Part of the Resolve
You have changed the word (Government) which alters the State
of the question between us very much; for tho' Money given to
support Government and Money given to support a Governor differ
but as the whole does from a part, it must be allowed the former is
a much more extensive Donation than the Latter. And yet where
Money is given for the support of the Governor,, it must, as we
conceive, be understood as given the better to enable him to dis-
charge the Trust reposed in him; and if any Emergency shou'd
require his laying out a part of this Money for the Publiek Good,
any Government might justly think themselves unkindly used if it
were denied them, especially where there was no doubt of being re-
paid with advantage,

" You are pleased to add, You receive no such Salaries. And to
this we as readily answer, neither do nor did we expect you would
advance any Money. We might, however, have justly expected
you did know that the present Assembly had no Right to bind those
who were to succeed them, and, therefore, their belief of what future
Assemblies would do was all that could be reasonably expected from
the present.

u Part of your Resolve is, that there is no probability that others
will be induced to advance Money on so uncertain, obscure, and
evasive a Declaration as is contained in the last Message of Assem-
bly, their being repaid again depending on the good will k pleasure
of the House, to be obtain'd by humble Petitioning and by submis-
sive personal Applications to the Members, &c. The Language you
have here been pleased to make choice of is such as neither for
Delicacy nor Decency will we hope be drawn into Example on any
future Debate ; but waving this as what can reflect no dishonour
upon us, be pleased to recollect that by your Message of the 9th of
June last, after having acquainted us the Sloop Otter would soon
be fit for Service, that You had dispatch'd an Express to Virginia
to procure the assistance of the Hector Man-of-War to join the
Otter, you let us know you thought it absolutely necessary that a
Ship of War shou'd be fitted out by this Province to join with the
Otter for the protection of our Trade. To this by our Message two
Days after we answer' d in substance, that the hiring and fitting out
a Ship of War we thought unnecessary, that from your own Esti-
mate the Charge would be near £1,000^ Month, besides the Risque
& Repairs of the Vessel, a Burthen we thought too heavy for the

33G MINUTES OF THE

Province to bear ; That if the Comntiarider of the Hector Man-of-
War had, as we were inform'd, been Instructed to assist the Otter,
there was no reason to doubt he would comply with his Instructions,
and that this was all we thought necessary on the occasion. Is not
this a direct answer to your Message, without any obscurity, uncer-
tainty, or evasion ? Had we not at least an equal Right to judge of
what was fit to be done as your Board ? And has not the Event
shewn the Judgment we form'd was right and sav'd the Province
divers thousand Pounds ? But what renders the proceedings of the
Board yet more remarkable is, that notwithstanding the great ob-
scurity in the Message you complain of, and that it is such as neither
you nor any other wou'd advance Money on, yet by virtue of this
Message (for without you had no pretence) in a few Days after you
thought fit to draw an Order on the active Trustee of the Loan Office
for a Sum of Money payable to your Secretary, which he accord-
ingly receiv'd. How to reconcile these parts of your Conduct we
are at a loss.

" When those whose Duty it is to protect Men in the enjoyment
of their Religious & Civil liberties become their accusers & censure
at random, it is hard to be born. The People call'd Quakers think
this their Case when they find themselves publickly charg'd in your
Resolves with Principles they do not hold, viz., that it is their known
opinion that all warlike Preparations are so far from being advan-
tageous to the Publick that they have a direct contrary tendency.
It is not our Business, nor are we on this occasion inclinable to enter
into religious disputes, but had you been pleased to recollect what
has been frequently said on this Subject by former Assemblies in
their late Messages to the Governor, you must have been convinc'd
of your Mistake, and it is the less excusable as you were at the
time Members of Council. To asperse Men in any manner is doing
them an Injury, and to make your Resolves the Instruments of
spreading such an aspersion agninst a considerable Body of People
is a very great aggravation of the Injury.

u The third & fourth Resolves you were pleased to form on this
occasion, viz. : 'That the Assembly had done nothing for His Ma-
jesty's Service or for the Security of the People & Trade of the
Province ; That three or at most four thousand Pounds wou'd have
been sufficient for equipping & maintaining a Ship of War, &c.,'
require but a short answer. We think good service was done both
His Majesty & the Province by withholding the three or four thou-
sand Pounds which you would have laid out in a manner that would
have been of no Benefit to either.

"The fifth Resolve you are pleased to introduce in these words,
viz. : i That the reason given in the Assembly's Message why no
Provision at all shou'd be made for our Defence, viz. : Because,
were the whole Province to exert their utmost Abilities it would
not be sufficient, &c, is evasive & trifling, &c.'

PROVINCIAL COUNCIL. 337

" Overlooking the delicacy of the Language, permit us to say,
the words here recited were neither intended nor apply'd to prove
that nothing ought to be done for the defence of the Province, but
to shew we had reason to expect and were entitled to greater Assist-
ance, or that otherwise all that cou'd be done wou'd be insufficient.
This is the obvious sense of the Paragraph as it stands in our Mess-
age, Si if there be any thing trifling or evasive it is owing to the
wrong Light in which you attempt to place it.

"In just the same manner you mistake the Sense of the House
in your sixth Resolve, introduced in these words, ' the fact ad-
duced in the Assembly's Message to prove the inexpediency or
rather the mischievious Consequence of guarding any Coast, and
that an unguarded Coast is the safest, &c.'

ff Surely you must have read our Message with great haste and
little attention, or you cou'd not possibly thus misunderstand the
Sense of it. Is there one Syllable throughout the whole which
makes the guarding any Coast to be mischievous, or that makes the
unguarded Coast to be the safest ? If there be anything of this
Import you shou'd have pointed it out to us; if there be not, as
surely there is not, what can we say when we find you by your Re-
solves published to the World things as our Sentiments which we
never thought of?

" To your seventh Resolve, all that we think necessary for us to
say is, that it must be evident the greater Ability any Province shews
towards its own defence the less it needs & the less it has to expect
from our Mother Country. If you will be pleased to apply this
to the Otter, and the great Preparations you were for having the
Province to make for its defence, it will fully answer the purport of
this Resolve.

" The eighth Resolve makes your Conclusion of much the same
Import as your Introduction, touching which you have already
heard our Sentiments. You are pleased to say that when an As-
seinbl}'- is called by the Governor or by the President & Council
to consult on Matters of the highest Importance for His Majesty's
Service and the safety of the People, their determining hastily to
adjourn without giving time for an Explanation, &c, as hath been
often practiced by the Assemblies of this Province, is indecent &
improper, &c.

"To this we answer that, notwithstanding the Charges you are
pleased to make against the Assemblies of this Province, we know
of no such Practices as you mention. It is true we have by Law
a Right to meet & sit upon our own adjournments; and therefore
when all is done that we think is necessary for the King's Service
or the Good of the Country, we have a Right to adjourn, without
being harrassed and kept together, either at the pleasure of the
Governor or the President & Council ; and we wou'd hope you are
Vol. v.— 22.

338 MINUTES OF THE

better Friends to the Constitution than to wish it deprived of this
Privilege, tho' we must own the Resolve now under Consideration
seems to strike at it. You may be pleased to recollect that we have
never exercised this Power of adjourning ourselves, without first
acquainting the Board with our Intentions of so doing ; and par-
ticularly we did it on our last adjournment, of which you complain,
altho' by your Message delivered to us, which we have already
mentioned, you let us know that after what was contain'd in it
you did not think it wou'd be of any Service to say any thing fur-
ther to us. The Terms therefore of indecent & improper are, we
think, much more applicable to your Resolves than our adjourn-
ment.

" Upon the whole we are of opinion that for the Presid'- and
Council to form such Resolves and publish them after the adjourn-
ment of the Assembly, thereby arraigning & censuring their pro-
ceedings, is assuming a power the Laws of this Government never
entrusted them with, is unparliamentary — -such as strikes at the
Freedom of Assemblies and the Rights of the Freemen of this
Province, hath a tendency to create animosities in the minds of the
People, & to cause great confusion amongst us; and therefore we
hope will not be drawn into Example.

" Signed by Order of the House.

"JOHN KINSEY, Speaker.

" 7th Mo. 1st, 1748."

The Members who delivered the above were told a Message of
some Consequence wou'd be sent to the house in the Morning.

At a Council held at Philadelphia, 2d Septr-> 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President,
Abraham Taylor, Benjamin Shoemaker, ")

Robert Strettell, Joseph Turner, 5- Esqrs.

Thomas Hopkinson, William Logan, )

The Minutes of the preceding Council were read & approved.

The Message prepar'd in answer to the Assembly's of yesterday
was read & sign'd & sent by the Secretary, who was order'd to tell
the House that the Council had something under Consideration,
which they hoped wou'd be ready to lay before them to-morrow.

A Message from the President & Council to the Assembly.
u Gentlemen :

" We expected that on the Receipt of our Message you would
have provided for the Expence accruing on the Treaty held with the

PROVINCIAL COUNCIL. S39

Indians at Lancaster, and were not a little disappointed when we
found by your Message of yesterday that you had not then taken
it into Consideration. As any considerable delay will, in our
opinion, reflect dishonour on this Government, we find ourselves
under a Necessity of entreating you to order the Payment of the
necessiry Charges accruing on that Treaty before you adjourn, since
if it be postponed the People may be long kept out of their Money,
this being usually the last Sitting of your House on Business. Be-
sides it would be a particular Satisfaction to the Board that the neces-
sary Expences which have accrued during our Administration in
the Public Service shou'd be honourably discharged.

"ANTHONY PALMER, Presid'
" SePtr- 2d, 1748."

A Message by two Members of Assembly that the House had
nearly done what Business lay before them so as that they might
adjourn the Afternoon, but being inform 'd by the Secretary that
the President & Council had something under their Consideration
to be laid before them to-morrow morning, they intended to adjourn
to that time, but desire they may have it early in the Morning.

At a Council held at Philadelphia, 3d Septr-' 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., Presid*'
Samuel Hasell, Abraham Taylor, "J

Robert Strettell, Benjamin Shoemaker, I „

Joseph Turner, Thomas Hopkinson, j S^rs'

William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Gentlemen appointed to draw up an answer to the Assembly's
Message relating to the late Resolves of Council presented their
Draught, which was Settled & sent to the House by the Secretary,
in these words :

A Message from the President & Council to the Assembly.
" Gentlemen:

" Shou'd we give you a particular Answer to your last Message, it
wou'd probably draw on a Controversy which we on many accounts
desire to avoid.

" By comparing your Message with the Resolves of this Board?
it may be seen how little Candour and ingenuity is to be expected
in the Course of such a dispute; your observing That we have Cen-
sur'd a part of your former Message for its obscurity as being evasive,
&c, & quoting another part of it which we did not object to on that
account, & your dropping material words in The middle of a Sea-

340 MINUTES OF THE

tence, where they did not serve your purpose, &c., are a few of the
many Instances we might produce, were we to enter the Argument)
but as such a Controversy may be attended with a considerable Ex-
pence, and as things are now circumstanc'd, can bring no advantage
to the Publick, we shall decline it.

"We are not accountable to each other for our Conduct* His
Majesty & the Freemen of this Province are the proper Judges of it;
to them we can safely appeal. As we had no Party views, no
Personal Interest or Power to support, we shall the more readily be
believed when we declare that we have acted on the sole Motive of
the Publick Good. It is well known that during our Administra-
tion our time has been chiefly employ'd in the Service of the Coun-
try> Dy using all means in our Power for its safety & protection in
times of the greatest Danger- how far you have assisted us & those
who to their Immortal Honour joined in this necessary work, all the
world knows.

" Your Message, upon which our Resolves were made, we thought
justly liable to be Censured by every one who had Sense enough to
see how they were deserted by their Representatives, whose Assistance
they had a Right to expect, and as it appear'd to us calculated to
mislead the People at a time when their All was at Stake, we
judged it our indispensible duty to His Majesty & our Country to
expose it in the manner we did, & that justly, notwithstanding what
is said in your last Message • & tho' we have thereby drawn on us
your Resentment, we are not concern'd on that account. While
the Administration of the Government continues in our Hands, we
shall persevere in preferring the Good of the Commonwealth to
every other Consideration.

" The single point between us, as we conceive, is, whether your
Conduct or our's has contributed most to the Publick Service, and
on that point we will leave it without entring into a fruitless Debate
on the Subject.

" ANTHONY PALMER, Presidn

•" Septr- 3d, 1748."

P. M.

PRESENT I

The Honoble. the President and the same Members as in the
forenoon.

Two Members of Assembly delivered the two following Messages
& acquainted the Board that the House inclin'd to adjourn to the
30th Instant :
" May it please the President & Council —

" As you were acquainted by our last Message save one that the

PROVINCIAL COUNCIL. 341

particulars of the Treaty and the Charges which had arisen by that
means would in due time come under our Notice, and such Provi-
sion made in it as the House on Consideration shou'd judge reason-
able ; And as you justly observe this is usually the last Sitting of
the House on Business, it necessarily followed we could not have
intended to postpone the Consideration of the Charges beyond the
present Session, and, therefore, we are at a loss why you are pleased
to express any ' Disappointment ' that it was not ' then taken into
Consideration/ However, to give you full Satisfaction in this
Affair, we now let you know that we have since examined the Ac-
counts concerning the Indian Treaties, the Goods purchased for the
Present, and the Charges which have arisen thereupon, and have
made Provision for Payment of the whole which remains due on
those Accounts.

" Signed by Order of the House.

"JOHN KINSEY, Speaker,
"Septr-3d, 1748/'

" May it please the President & Council :

" We agree with you it was prudently judged on many Accounts,
and especially one to decline a particular answer to our last Mess-
age; and we are of your Sentiments, that by comparing your Re-
solves with our Message it may. be seen how little Candour &
Ingenuity is to be expected in the Course of such a Dispute. Your
last Message will further illustrate this, which contains fresh
Charges, but express'd in terms so obscure as if, since you are
determin'd not to be particular in your answer, it should not be in
our Power to be so in our Reply. Since, therefore, it is your
Pleasure, we must leave the former part of your Message in the
obscurity we find it until you shall condescend to explain your-
selves.

" You are pleased to say, i We are not accountable to each other
for our Conduct/ give us leave to wish you had thought of this
before you had bestowed so heavy Censure on ours : It might have
saved both you and us some trouble.

" You are pleased to add, ; You had no Party views, no Personal
Interest, or Power to support/ It may be so, since You are pleased
to say it ; but when this is urged as a motive to your being ' the
more readily believed/ in opposition to the Representative Body of
the Province, it seems to require a little Demonstration.

" If it was as you are pleased to say, really e well known that
during your Administration your time has been chiefly employed
in the Service of the Country, &c./ there was the less Necessity you
shou'd become the Publishers of it. But you are pleased to add
how we have assisted you; & those who to their Immortal Honour

342 MINUTES OF THE

joined with you in the necessary Work you mention, all the World
knows.

" If those who joined with You deserve Immortal Honour, how
much more do you deserve? Enjoy unmolested all the Honour, all
the applause you think fit to bestow on yourselves, but why must
you depreciate the Characters of others?

" You are further pleased to say ( that our Message, on which
your Resolves were made, you thought justly liable to Censure;
that it appeared to be Calculated to mislead the People ; that you
judged it your indispensible Duty to His Majesty & your Country
to expose it, &c/

" Since you are pleased to allow we are not accountable to You
for our Conduct, whence then do you derive Your Right of Cen-
suring ? or of what you exprest yet more indecently of exposing ?
In the h eighth of the late Controversies such Expressions were not
used that we remember, and we are at a loss to find from whence
you cou'd Copy such Language to the Representative Body of a
Province. Besides, when the event has shewn the Judgment formed
by the Assembly was right, & has saved the Province some Thou-
sand Pounds, we think you might have spared these Censures be-
stowed thus unprovoked. What Motives cou'cl we possibly have
for judging amiss ? Have we not also Estates & Families in the
Province ? Have not many of us drawn our first Breath here ?
Have not divers of our Fathers and some of our Grand Fathers
been of the first Settlers ? What Inducements can we possibly have
to biass us against the Interest of our Country ?

" To conclude, as You shew a disposition to submit both your
own Conduct and ours to the opinion of the Publick without
entring into further Debate, so do we. If we have committed any
mistakes the time draws near in which our Constituents, if they
think it necessary, may amend their Choice.

" And the time also draws near in which your mistakes may be
amended by a succeeding Governor. Permit Us to congratulate
our Country on both.

" Signed by Order of the House.

"JOHN KINSEY, Speaker.

"Scpf-3d, 1748."

The following Letter receiv'd by the Mary Galley, Capt11, Lawson,
from Thomas Penn, Esqr., was read.
" Gentlemen :

"Above is a Duplicate of my last Letter by the Otter Sloop,
since which time Publick Aifairs have taken a different turn, & I
now congratulate You on an approaching Peace, Prcliminarys
having been Signed long siuce by England, France, & Holland, to
which the Empress & King of Sardinia have acceded, & we expect

PROVINCIAL COUNCIL. 343

Spain will very soon. All places taken are to be deliver'd up on
each side, & a small Settlement in Italy given to Don Philip.

u This Change, no doubt, will be highly acceptable to Pennsyl-
vania in particular, & we having received an Account of it before
the Attorney and Soilicitor General cou'd consider the Cases, we
took them back, as thinking it now not necessary to send them.

Mr. Hamilton proposes to embark in August, in order to meet
the Assembly in October.

" I am, Gentlemen, your very affectionate Friend,

" THOs- PENN.

"To the Honoble. the President & Council of the Province of
Pennsylvania.

"London, June, 13th, 1748."

At a Council held at Philadelphia, 30th September, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, ""J

Robert Strettell, Benjamin Shoemaker, ! «

Joseph Turner, Thomas Hopkinson, f *

William Logan, J

The Minutes of the preceding Council were read & approved.

The following Petition was read, & Mr. Till, one of the Judges
of the Suprseme Court, reporting that the facts set forth in the
Petition were true, & y1 the Petitioner was a proper object of Com-
passion, the following Pardon was Sign'd with a Warrant to affix
the Great Seal thereto, & the Secretary was order' d to expedite the
Seal so as that the Pardon might be deliver'd during the Sitting of
the Court.

u To the Honourable the President & Council of the Province of
Pennsylvania.

" The Petition of John King of the City of Philad3" Mariner,
" Most humbly She with :

H That your Petitioner is a Poor Orphan & Mariner on board
Captain Mesnard's Ship from London; that about three Weeks
since your Petitioner & one of his Brother Mariners, named Joseph
Seal, had a difference on board the said Ship ; that the said Joseph
Seal Challenged Your Petitioner to leave the Ship & go on the Wharf
to fight ; that they went on Shore, k the said Seal first struck your
Petitioner, & in the Combat the said Seal fell to the Ground & re-
ceived by the fall a mortal Wound in his Head, of which he In-
stantly Dyed, & now your Petitioner stands indicted for Man-

344 MINUTES OF THE

slaughter, to which he has pleaded Guilty. Altho' your Petitioner
never designed more Injury to the said Joseph Seal than to Com-
bat with him, & that owing to the Challenge, k in some sort force,
of the said Joseph Seal.

" Wherefore your Petitioner humbly implores Your Honours'
Mercy & Compassion, that in Consideration of his tender Years,
& intending no such Injury to the deceas'd, your Honours will be
pleased to pardon this offence & prevent your Petitioner's being
stigmatized & branded.

" And your Petitioner will ever Pray, &ra-

" JOHN KING.
"Philad\, Septr. 27th, 1748.

"We think the Petitioner an object worthy your Compassion, &
as such We recommend him.

"JOHN KINSEY,
"THOMAS GROGME,
" WM- TILL.
" To the honoble. the President & Council.
" Septr- 27th, 1748/'

" George the Second oy the Grace of God of Great Britain,
France, & Ireland, King, Defender of the Faith, &c**
" Whereas, upon the Petition of John King of the City of Phila-
delphia, [Mariner, setting forth that about three Weeks since the
Petitioner & another Mariner named Joseph Seal had a difference
on board Captain Mesnard's Ship, lying at one of the Wharfs of
the said City ; that the said Joseph Seal Challenged the Petitioner
to fight; that they went on Shore & the said Seal first struck the
Petitioner j that in the Combat the said Seal fell to the Ground, &
in the fall received a wound on his Head of which he dyed ; & that
thereupon the Petitioner was Indicted for Manslaughter, to which
he pleaded Guilty j that the said Joseph Seal did not come by his
Death thro' any design of the Petitioner but by Accident only, &
praying the Royal Mercy & Pardon of the said Offence. Now
Know Ye, that it being made appear to Us that the facts set forth
in the said Petition are true, We have thought fit graciously to ex-
tend our Royal Mercy to the said John King, & have pardon'd, &
do by these Presents Pardon the said John King the Offence afore-
said, whereof all our Judges, Justices, Sheriffs, & all our Officers &
other our Leige Subjects are to take Notice; and our will & pleasure
is, that the said John King stand right in our Courts, if any against
him wou'd speak of the Premisses. In Testimony whereof We
have caused the Great Seal of our said Province to be hereunto
affixed. Witness, Anthony Palmer, Esq., President, Samuel Ha-
sell, William Till, Abraham Taylor, &, Robert Strettell, Esqrs., in
Ceuncil Assembled at Philadelphia for our said Province, the Thir-

PROVINCIAL COUNCIL. 345

tieth Day of September, in the Year of our Lord one thousand
seven hundred & forty-eight; & in the Twenty-second Year of our
Reign.

" ANTHONY PALMER, Presid1-
"ROBERT STRETTELL,
"ABRAM TAYLOR,
"WM. TILL,
"SAM. HASELL."

At a Council held at Philadelphia, 4th October, 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
William Till, Samuel Hasell, *}

Abraham Taylor, Robert Strettell, ! ™

Benjamin Shoemaker, Jeseph Turner, | "

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Returns of the Sheriffs & Coroners for the several Counties
were taken into Consideration, & the following Persons receiv'd
their Commissions in Conncil, viz :

Richard Sewell, Esq., Sheriff, ~) „,., , n .
tt -o *; n 4.n n r Philada. County.

Henry Pratt, (rent"-' Coroner, j J

Benjamin Davies, Esqr., Sheriff, \-chem Count
Isaac Lea, u-ent"- Coroner, j r

Amos Strickland, Esqr., Sheriff, ) -d i rt .
T r tt j. n 4.11. n r Bucks County.

John Hart, (lent"-' Coroner, j J

At a Council held at Philadelphia, 5 th Octr- 174? .

present :
The Honoble. ANTHONY PALMER, Esqr., President,

Samuel Hasell, William Till, ^

Abraham Taylor, Robert Strettell, I ™

Benjamin Shoemaker, Joseph Turner, [ ^

Thomas Hopkinson, William Logan, J

A Letter from Mr. Lawrence Growden, one of the Members of
Council, was read, setting forth that he had received sundry Infor-
mations of male Practice in Amos Strickland, Sheriff of Bucks, at
the late Election of Assembly Men for that County, & desiring the
Board wou'd examine into the matter before they issued Sheriff's
Commissions; whereupon the Secretary was sent for the Commission
from Charles Brockden's Office, & the Board proceeded to the Ex-

346 MINUTES OF THE

animation of Mr. Strickland, but it not appearing that he was guilty
of any ill design, tho' there was on his own Confession great Care-
lessness in the Election, he was severely reprimanded & dismissal
and his Commission return'd to him.

At a Council held at Philadelphia, 13th Octr- 1748.

PRESENT :

The Honoble. ANTHONY PALMER, Esqr., President.
Abraham Taylor, Robert Strettell, ) -^

Benjamin Shoemaker, Thomas Hopkinson, J " b"

The Minutes of the preceding Council were read & approv'd.

A Letter from Mr. Gooch was read, together with the President's
Answer, in these words :

" Williamsburg, August 17th, 1748.
"Sir?

" The 12th Instant I receiv'd a Letter from the Governor of
South Carolina, dated the 18th July, acquainting me that the Ca-
tawba Nation have for some Years past been harrass'd by various
Nations of Northward Indians, who meeting with little opposition
to their Incursions upon these People, have ventur'd near their
Settlements & carried off into Slavery two of their People, one of
them Mr. Haig, a Captain of the Militia & Justice of the Peace, a
most useful man among their G-erman Inhabitants, desiring at the
same time my assistance towards their Redemption.

" In Consequence of which I thought I could not do any greater
Service than to request the favour of You to cause diligent Enquiry
to be made amongst all (he Indians in your Parts for such Person,
in order that if discover' d he may be sent thither as soon as possi-
ble, & if so be he has been carried to any of the French Settle-
ments he may be redeem'd. I am with great Respect,

" Sir, Your most obedient Servant,

"WILL. GOOCH.

" The Honoble. Anthony Palmer, Esqr., President of the Pro-
vince of Pennsylvania. "

" Philadelphia., 8th Oct'- 1748.
" Sir :

" I wou'd have answer' d your Letter relating to Mr. Haig sooner,
but as our Interpreter, who had the Enquiry of this Gentleman
given him in Charge at the Iustance of the Gov" of Carolina, was
daily expected from Ohio, I chose to delay it that I might write
something certain.

PKOVINCIAL COUNCIL. 347

" I have the mortification to tell you that Mr. Weiser, in an im-
perfect Diary which he sent to me as soon as he arrived among our
Inhabitants, says Mr. Haig is actually Murdered, »nd his Man, one
Brown, was deliver'd to him by some Indians of the Senaca Nation.
For further Particulars I must refer You to my next, entreating you
wou'd advertize Mr. Glenn of this Melancholy Story, & assure him
of my best respects, & that I shalj do myself the Honour to inform
him of every Circumstance attending the Murder, & assist in bring-
ing the Murderers to Punishment.

" Justice will not suffer me to omit informing You of a Story
that prevails here as if a French Ship, bound for this Port with
Letters from the Governor of Hispaniola to me as President, & with
a Cargo of Sugars destinated to discharge a Ransom due to the
Owners of the Privateer Pandour, from a French Merchant at Leo-
ganne, was seiz'd & actually Condemn'd with her Cargo in the
Court of Admiralty at Williamsburg, for no other reason than that
the Papers she carried were supposed to be false ; whereas the Presi-
dent & Council on the Petition of the Owners of the Pandour, &
from the Strongest Principles of Justice, wrote to Monsr- Chastes-
noye to oblige that Merchant, one Rasteau, to discharge that Debt,
by the Delay whereof the Faith of Nations was extremely violated, and
in Consequence hereof this shou'd have been done by Bills of Ex-
change on old France ; how they came to send Sugars I cannot ac-
count for ; but I assure You the Vessel shou'd not have been per-
mitted to have broke bulk here, but have been sent back directly,
tho' considering the reality of the Debt, & the Publick Faith due
to the Instruments of Governors, I shou'd not have suffer'd her to
have been seiz'd unless she shou'd have broke the Laws of Nations
or the particular Acts of Trade.

"I am Your Excellency's most obedient humble Servant,

" ANTHONY PALMER.
" His Excellency S'- William Gogch."

At a Council held at Philadelphia, 15th Oct., 1748.
present :

The Honoble. ANTHONY PALMER, Esqr., President.
Samuel Hasell, Abraham Taylor, 1

Robert Strettell, Benjamin Shoemaker, lEsqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

A Message from the Assembly having been delivered by four of
their Members to the President before there was a Board that a
Quorum of the House were met, & having proceeded to ehuse their
Speaker, desir'd to know when the House with their Speaker might

348 MINUTES OF THE

wait, on the Council. The Secretary was sent to tell the House the
Council was met & ready to receive them with their Speaker im-
mediately ; &l being come, the Speaker said the House having met
according to Charter had chose him their Speaker, & had given him
in charge to acquaint the Council that they were heartily disposed
to join with them in what might be for the real Service of the Pro-
vince, & ready to receive any thing they had to lay before them, &
so withdrew.

The Secretary was order' d to lay before the House Mr. Weiser's
Journal of his proceedings at Ohio.

The Journal of Conrad Weiser Esqr., Indian Interpreter to Ohio.

" Augst- 11th. Set out from my House & came to James Galbreath
that day, 30 Miles.

" 12th. Came to George Croghans, 15 Miles.

"13th. To Robert Dunnings, 20 Miles.

"14th. To the Tuscarroro Path, 30 Miles.

" 15th and 16th. Lay by on Account of the Men coming back
Sick, & some other Affairs hindering us.

" 17th. Crossed the Tuscarroro Hill & came to the Sleeping
Place called the Black Log, 20 Miles.

" 18th. Had a great Rain in the afternoon ; came within two
Miles of the Standing Stone, 24 Miles.

"19th. We travelled but 12 Miles; were obliged to dry our
Things in the afternoon.

"20th. Came to Franks Town, but saw no Houses or Cabins;
here we overtook the Goods, because four of George Croghan's
Hands fell sick, 26 Miles.

"21st. Lay by, it raining all Day.

" 22d. Crossed Allegheny Hill & came to the Clear Fields, 18
Miles.

" 23d. Came to the Shawonese Cabbins, 34 Miles.

"24th. Found a dead Man on the Road who had killed himself
by Drinking too much Whisky ; the Place being very stony we
cou'd not dig a Grave ; He smelling very strong we covered him
with Stones k Wood & went on our Journey ; came to the 10 Mile
Lick, 32 Miles.

" 25th. Crossed Kiskeminetoes Creek & came to Ohio that Day,
26 Miles.

" 26th. Hired a Cannoe ; paid 1,000 Black Wampum for the loan
of it to Logs Town. Our Horses being all tyred, we went by Wa-
ter & came that Night to a Delaware Town ; the Indians used us
very kindly.

"27th. Sett off again in the morning early; Bainy Wheather.

PROVINCIAL COUNCIL. 349

We dined in a Seneka Town, where an old Seneka Woman Reigns
with great Authority; we dined at her House, & they all used us
very well 5 at this & the last-mentioned Delaware Town they re-
ceived us by firing a 'great many Guns; espeeially at this last Place.
We saluted the Town by firing off 4 pair of Pistols ; arrived that
Evening at Logs Town, & Saluted the Town as before ; the Indians
returned about One hundred Guns; Great Joy appear'd in their
Countenances. ■ From the Place where we took Water, i. e. from
the old Shawones Town, commonly called Chartier's Town, to this
Place is about 60 Miles by Water & but 35 or 40 by Land.

" The Indian Council met this Evening to shake Hands with me
& to shew their Satisfaction at my safe arrival; I desired of them
to send a Couple of Canoes to fetch down the Goods from Chur-
tier's old Town, where we had been oblig'd to leave them on account
of our Horses being all tyred. I gave them a String of Wampum
to enforce my Request.

"28th. Lay still.

" 29th. The Indians sett off in three Canoes to fetch the Goods.
I expected the Goods wou'd be all at Chartier's old Town by the
time the Canoes wou'd get there, as we met about twenty Horses
of George Groghan's at the Shawonese Cabbing in order to fetch
the Goods that were then lying at Franks Town.

" This Hay news came to Town that the Six Nations were on the
point of declaring War against the French, for reason the French
had Imprison'd some of the Indian Deputies. A Council was held
& all the Indians acquainted with the News, and it was said the
Indian Messenger was by the way to give all the Indians Notice to
make ready to light the French. This Day my Companions went
to Coscosky, a large Indian Town about 30 Miles off.

" 30th. I went to Beaver Creek, an Indian Town about 8 Miles
off, chiefly Delawares, the rest Mohocks, to have some Belts of
Wampum made. This afternoon Rainy Wheather set in which
lasted above a Week. Andrew Montour came back from Coscosky
with a Message from the Indians there to desire of me that the en-
suing Council might be held at their Town. We both lodged at
this Town at George Croghan's Trading House.

" 31st. Sent Andrew Montour back to Coscosky with a String of
Wampum to let the Indians there know that it was an act of their
own that the ensuing Council must be held at Logs Town, they had
order'd it so last Spring when George Croghan was up, & at the
last Treaty in Lancaster the Shawonese & Twightwees have been
told so, & they stayed accordingly for that purpose, & both would
be offended if the Council was to be held at Coscosky, besides my
Instructions binds me to Logs Town. & could not go further
without giving offence.

" Septr- 1. The Indians in Logs Town having heard of the Mess-

S50 MINUTES OF THE .

age from Coscosky sent for me to know what I was resolv'd to do, and
told me that the Indians at Coscosky were no more Chiefs than
themselves, & that last Spring they had nothing to eat, & expect-
ing that they shou'd have nothing to eat at our arrival ; order'd
that the Council should be held here ; now their Corn is ripe, they
want to remove the Council, but they ought to stand by their word;
we have kept the Twightwees here & our Brethren the Shawonese
from below on that account, as I told them the Message that I had
sent by Andrew Montour; they were content.

"2d. Rain continued: the Indians brought in a good deal of
Yenison.

" 3d. Set up the Union Flagg oil a long Pole. Treated all the
Company with a Dram of Rum; The King's Health was drank by
Indians & White men. Towards Night a great many Indians ar-
rived to attend the Council. There was great firing on both sides ;
the Strangers first Saluted the Town at a quarter of a Mile distance,
and at their Entry the Town's People return' d the fire, also the
English Traders, of whom there were above twenty. At Night,
being very sick of the Cholick, I got bled.

" 4th. Was oblig'd to keep my bed ail Day, being very weak.

" 5th. I found myself better. Scaiohady came to see me; had
some discourse with him about the ensuing Council.

" 6th. Had a Council with the Wondats, otherways called Ionon-
tady Hagas, they made a fine Speech to me to make me welcome, &
appeared in the whole very friendly. Rainy Wheather continued.

" 7th. Being inform'd that the Wondats had a mind to go back
again to the French, & had endeavour'd to take the Delawares with
them to recommend thern to the French, I sent Andrew Montour to
Beaver Creek with a string of Wampum to inform himself of the
Truth of the matter; they sent a String in answer to let me know
they had no Correspondence that way with the Wondats, and that
the aforesaid Report was false.

" 8th. Had a Council with the Chiefs of the Wondats; enquired
their number, & what occasion'd them to come away from the French,
What Correspondence they had with the Six Nations, & whether or
no they had ever had any Correspondence with the Government pf
New York; they inform'd me their coming away fftnn the French
was because of the hard Usage they received from them; That they
wou'd always get their Young Men to go- to War against their
Enemies, and wou'd use them as their own People, that is like
Slaves, & their Goods were so dear that they, the Indians, cou'd not
buy them ; that there was one hundred fighting Men that came over
to join the English, seventy were left behind at another Town a
good distance off, & they hoped they wou'd follow them ; that they
had a very good Correspondence with the Six Nations many Years,
& were one People with them, that they cou'd wish the Six Nations

PROVINCIAL COUNCIL. 351

wou'd act more brisker against the French ; That above fifty Years
ago they made a Treaty of Friendship with the Governor of New
York at Albany, & shewed me a large Belt of Wampum they re-
ceived there from the said Governor as from the King of Great
Britain ; the Belt was 25 Grains wide & 265 long, very Curiously
wrought, there were seven Images of Men holding one another by
the Hand, the 1st signifying the Governor of New York (or rather,
as they said, the King of Great Britain), the 2d the Mohawks, the
3d the Oneidos, the 4th the Cajugas, the 5th the Onondagers, the
6th the Senekas, the 7th the Owandaets, and two Rows of black
Wampum under their feet thro' the whole length of the Belt to
signify the Road from Albany thro' the 5 Nations to the Owendaets;
That 6 Years ago they had sent Deputies with the same Belt to
Albany to renew the Friendship.

"I treated them with a quart of W'hiskey & a Boll of Tobacco;
they expressed their good Wishes to King George' & all his People,
& were mightily pleas'd that I look'd upon them as Brethren of the
English.

" This Day I desir'd the Deputies of all the Nations of Indians
settled on the Waters of Ohio to give me a List of their fighting
Men, which they promis'd to do. A great many of the Indians
went away this Day because the Goods did not come, & the People
in the Town cou'd not find Provision enough, the number was so
great.

"The following is the number of every Nation, given to me by
their several Deputies in Council, in so many Sticks tied up in a
Bundle :

" The Senacas 163, Shawonese 162, Owendaets 100, Tisagech-
roanu 40, Mohawks 74, Mohickons 15, Onondagers 35, Cajukas 20,
Oneidos 15, Delawares 165, in all 789.

"9th. I had a Council with the Senakas, & gave them. a large
String of Wampum, black & White, to acquaint them I had it in
Charge from the President & Council in Philadelphia to enquire
who it was that lately took the People Prisoners in Carolina, one
thereof being a Great man, & that by what discovery I had already
made I found it was some of the Senekas did it; I therefore desir'd
them to give me their Reasons for doing so, & as they had struck
their Hatchet into their Brethren's Body they cou'd not expect
that I could deliver my Message with a good heart before they gave
me Satisfaction in that Respect, for they must consider the English,
tho' living in several Provinces, are all one People, & doing Mis-
cheif to one is doing to the other; let me have a plain & direct
answer.

"10th. A great many of the Indians got drunk; one Henry
Noland had brought near 30 Gallons of Whiskey to the Town.
This Day I made a Present to the old Shawonese Chief Cacka-

352 MINUTES OF THE

watcheky, of a Stroud, a Blanket, a Match Coat, a Shirt, a Pair of
Stockings, & a large twist of Tobacco, & told him that the Presi-
dent & Council of Philadelphia reraember'd their Love to him as to
their old & true Friend, & wou'd Cloath his Body once more, &
wished he might weare them out so as to give them an opportunity
to cloath him again. There was a great many Indians present, two
of which were the big Hominy & the Pride, those that went off with
Chartier, but protested against his proceedings against our Traders.
Catchawatcheky return'd thanks, & some of the Six Nations did the
same, & express'd their Satisfaction to see a true man taken Notice
of, altho' he was now grown Childish.

u 11th. George Croghan & myself staved an 8 Gallon Cag of
Liquor belonging to the aforesaid Henry Norland, who could not
be prevailed on to hide it in the Woods, but would sell it & get
drunk himselfe.

" I desir'd some of the Indians in Council to send some of their
Young Men to meet our People with the Goods, and not to come
back before they heard of or saw them. I begun to be afraid they
had fallen into the Hands of the Enemy ; so did the Indians.

" Ten Warriors came to Town by Water from Niagara; We
suspected them very much, & fear'd that some of their Parties went
to meet our People by hearing of them.

" 12th. Two Indians and a white man went out to meet our
People, & had Orders not to come back before they saw them, or
go to Franks Town, where we left the Goods. The same Day the
Indians made answer to my Request concerning the Prisoners
taken in Carolina : Thanayieson, a Speaker of the Senekas, spoke
to the following purpose in the presence of all the Deputies of the
other Nations (We were out of Doors) : ' Brethren, You came a
great way to visit us, & many sorts of Evils might have befallen
You by the way which might have been hurtful to your Eyes &
your inward parts, for the Woods are full of Evil Spirits. We
give You this String of Wampum to clear up your Eyes & Minds
& to to remove all bitterness of your Spirit, that you may hear us
speak in good Chear/ Then the Speaker took his Belt in his Hand
& said : ' Brethren, when we and you first saw one another at your
first arrival at Albany we shook Hands together and became Breth-
ren & we tyed your Ship to the Bushes, and after we had more
acquaintance with you we lov'd you more and more, & perceiving
that a Bush wou'd not hold your Vessel we then tyed her to a large
Tree & ever after good Friendship continued between us; after-
wards you our Brethren told us that a Tree might happen to fall
down and the Rope rot wherewith the Ship was tyed. You then
propos'd to make a Silver Chain & tye your Ship to the great
Mountains in the five Nations' Country, & that Chain was called
the Chain of Friendship ; we were all tyed by our Arms together
with it, & we the Indians of the five Nations heartily agreed to it,

PROVINCIAL COUNCIL. 353

& ever since a very good Correspondence have been kept between
us ; but we are very sorry that at your coming here we are obliged
to talk of the Accident that lately befell you in Carolina, where some
of our Warriors, by the Instigation of the Evil Spirit, struck their
Hatchet into our own Body like, for our Brethren the English &
we are of one Body, & what was done we utterly abhor as a thing
done by the Evil Spirit himself; we never expected any of our
People wou'd ever do so to our Brethren. We therefore remove
our Hatchet which, by the influence of the Evil Spirit, was struck
into your Body, and we desire that our Brethren the Gov" of New
York & Onas may use their utmost endeavours that the thing may
be buried in the bottomless Pit, that it may never be seen again —
that the Chain of Friendship which is of so long standing may be
preserv'd bright & unhurt/ Gave a Belt. The Speaker then took
up a String of Wampum, mostly black, and said : ' Brethren, as
we have removed our Hatchet out of your Body, or properly speak-
ing, out of our own, We now desire that the Air may be clear' d up
again & the wound given may be healed, & every thing put in
good understanding, as it was before, anc we desire you will assist
us to make up every thing with the Govr. of Carolina; the Man
that has been brought as a Prisoner we now deliver up to You, he
is yours (lay'd down the String, and took the Prisoner by the Hand
and delivered him to me). By way of discourse, the Speaker said,
'the Six Nation Warriors often meet Englishmen trading to the
Catawbas, & often found that the Englishmen betrayed them to
their Enemy, & some of the English Traders had been spoke to by
the Indian Speaker last Year in the Cherrykees Country & were
told not to do so ; that the Speaker & many others of the Six Na-
tions had been afraid a long time that such a thing wou'd be done
by some of their Warriors at one time or other/

" '13th. Had a Council with the Senekas and Onontagers about
the Wandots, to receive them into our Union. I gave a large Belt
of Wampum and the Indians gave two, <fc everything was agreed
upon about what shou'd be said to the Wandots. The same Even-
ing a full Council was appointed & met accordingly, & a Speech
was made to the Wandots by Asserhartur, a Seneka, as follows:

" i Brethren, the lonontady Hagas : last Spring you sent this Belt
of Wampum to Us (having the Belt then in his hand) to desire ua
and our Brethren, the Shawonees & our Cousins the Delawares, to
come & meet you in your retreat from the French, & we accordingly
came to your Assistance & brought you here & received you as
our own flesh. We desire you will think you now join us, & our
Brethren, the English & you to become one People with us — then
lie lay'd that tfelt by & gave them a very largs String of Wampum/

" The Speaker took up the Belt I gave & said :

Ui Brethren: the English, cur Brothers, bid you welcome & are
glad' you escaped out Captivity like : You have been kept as Slaves
VOL. v. — 23.

354 MINUTES OF THE

by Onontio, notwithstanding he call'd You all along his Children,
but now You have broke the Rope wherewith you have been tyed,
& become Freemen, & we, the united Six Nations, receive you
to our Council Fire, & make you" Members thereof, & and we will
secure your dwelling Place to You against all manner of danger.
Gave the Belt.

" 'Brethren : We the Six United Nations & all our Indian Allies,
with our Brethren the English, look upon you as our Children,
tho' you are our Brethren ; we desire you will give no ear to the
Evil Spirit that spreads lyes & wickedness, let your mind be easy &
clear, & be of the same mind with us whatever you may hear, noth-
ing shall befall you but what of necessity must befall us at the
same time.

tt l Brethren : We are extremely pleased to see you here, as it hap-
pened just at the same time when our Brother Onas is with us.
We jointly, by this Belt of Wampum, embrace you about your mid-
dle, & desire you to be strong in your minds & hearts, let nothing
alter your minds, but live & dye with us.' Gave a Belt — the Coun-
cil broke up.

ct 14th. A full Council was Summon'd & every thing repeated by
me to all the Indians of what pass'd in Lancaster at the last Treaty
with the Twightwees.

" The News was confirm' d by a Belt of Wampum from the Six Na-
tions, that the French had imprisoned some of the Six Nations Depu-
ties, & 30 of the Wandots, including Women & I hildren. The In-
dians that were sent to meet our People with the Goods came back
& did not see any thing of them, but they had been no further than
the old Shawonese Town.

" 15th I lot the Indians know that I wou'd deliver my Message
to morrow, & the Goods I had, & that they must send Deputies
with me on my returning homewards, & wherever we shou'd meet
the rest of the Goods I wou'd send them to them if they were not
taken by the Enemy, to which they agreed.

u The same Day the Delawares made a Speech to me & presented
a Beaver Coat & a String of Wampum, & said, Brother: 'we let
the President <& Council of Plrila. know that after the Death of our
Cheif Man, Olomipies, our Grand Children the Shawnese came to
our own Town to condole with us over the loss of our good King,
your Brother, & they wiped off our Tears & comforted our minds, &,
as the Delawares are the same People with tbe Pennsylvanians, &
born in one & the same Country, we give some of tbe Present our
Grand Children gave us to the President & Council of Philda. be-
cause the Death of their good Friend & Brother must have affected
them as well as us.'

" Gave the Beaver Coat & a String of Wampum.

M The same Day the Wandots sent for me & Andrew & presented

PROVINCIAL COUNCIL. 355

us with 7 Beaver Skins about 10 lbs. weight, & said they gave us
that to buy some refreshments for us after our arrival in Pennsylvania,
wished we might get home safe, & lifted up their Hands & said they
wou'd pray God to protect us & guide us the way home. I desir'd
to know their Names; they behav'd like People of good Sense &
Sincerity; the most of them were grey headed; their Names are as
follows :

" Totornihiades, 1 Wanduny,

" Taganayesy, > Taruchiorus,

" Sonachqua, ) their Speaker.

" The Chiefs of the Delawares that made the above Speech are
Shawanasson & Achamanatainu.

" 16th. I made answer to the Delawares & said, —

a< Brethren the Delawares :

" l It is true what you said that the People of Pennsylvania are
your Brethren & Countrymen ; we are very well pleas'd of what
your Children the Shawonese did to you; this is the first time we
had publick Notice given us of the Death of our good Friend &
Brother Olomipies. I take this opportunity to remove the re-
mainder of your Troubles from your Hearts to enable you to attend
in Council at the ensuing Treaty, & [ assure you that the President
& Council of Pennsylvania condoles with You over the loss of your
King our good Friend & Brother.'

"Gave them 5 Strouds.

11 The two aforesaid Chiefs gave a String of Wampum & desir'd
me to let their brethren, the President & Council, know they in-
tended a Journey next Spring to Philadelphia to consult with their
Brethren over some Affairs of Moment, .since they are now like
Orphan Children; they hoped their Brethren wou'd let them have
their good Advice and Assistance, as the People of Pennsylvania &
the Delawares were like one Family.

u The same Day the rest of the Goods arriv'd the Men said they
had nine Days' Rain & the Creeks arose, & that they had been
oblig'd to send a sick Man back from Franks Town to the Inhabi-
tants with another to attend him.

" The neighbouring Indians being sent for again, the Council was
appointed to meet to-morrow, it rain'd again.

" 17th. It rained very hard, but in the Afternoon it held up for
about 3 hours ; the Deputies of the several Nations met in Council
& I delivered them what I had to say from the President & Council
of Pennsylvania by Andrew Montour.

" ' Brethren, you that live on Ohio :

<(<Iam sent to You by the President & Council of Pennsylvania,

356 MINUTES OF THE

& I am now going to Speak to You on their behalf, I desire You
will take Notice & hear what I shall say.'

" Gave a String of Wampum.
"< Brethren:

" 'Some of You have been in Philadelphia last Fall & acquainted
us that You had taken up the English Hatchet, and that You had
already made use of it against the French, & that the French had
very hard heads, & your Country afforded nothing but Sticks &
Hickerys which was not sufficient to break them. You desir'd your
Brethren wou'd assist You with some Weapons sufficient to do it.
Your Brethren the Prcsid'- & Council promis'd you then to send
something to You next Spring by Tharachia wagon, but as some
other Affairs prevented his Journey to Ohio, you receiv'd a Supply
by George Croghan sent you by your said Brethren ; but before
George Croghan came back from Ohio News came from over the
Great Lake that the King of Great Britain & the French
King had agreed upon a Cessation of Arms for Six Months
& that a Peace was very likely to follow. Your Brethren, the Pre-
sident & Council, were then in a manner at a loss what to do. It
did not become them to act contrary to the conimand of the King,
and it was out of their Power to encourage you in the War against
the French; but as your Brethren never miss'd fulfilling their
Promises, they have upon second Consideration thought proper to
turn the intended Supply into a Civil & Brotherly Present, and
have accordingly sent me with it, and here are the Goods before
your Eyes, which I have, by your Brethren's Order, divided into 5
Shares & layd in 5 different heaps, one heap whereof your Brother
Assaraquoa sent to You to remember his Friendship and Unity
with You ; & as you are all of the same Nations with whom we the
English have b ien in League of Friendship, nothing need be said
more than this, that the President & Council & Assaraquoa have
sent You this Present to serve to strengthen the Chain of Friend-
ship between us the English & the several Nations of Indians to
which You belong. A French Peace is a very uncertain One, they
keep it no longer than their Interest permits, then they break it
without provocation given them. The French King's People have
been almost starv'd in old France for want of Provision, which
made them wish & seek for Peace; but our wise People are of
opinion that after their Bellies are full they will quarrel again &
raise a War. All Nations in Europe know that their Friendship
is mix';! with Poison, & many that trusted too much on their
Friendship have been ruin'd.

" ' I now conclude & say, that we t'he English are your true
Brethren at all Events, In token whereof receive this Present.' The
Goods being then uncover'd I proceeded.

" ' Brethren :

" i You have of late settled the River of Ohio for the sake of

PROVINCIAL COUNCIL. 357

Hunting, & our Traders followed you for the sake of Hunting also.
You have invited them yourselves. Your Brethren, the President
& Council, desire You will look upon them as your Brethren & see
that they have justice done. Some of your Young Men have
robbed our Traders, but you will be so honest as to compel them to
make Satisfaction. You are now become a People of Note, & are
grown very numerous of late Years, & there is no doubt some wise
Men among you, it therefore becomes you to Act the part of wise
men, & for the future be more regular than You have been for
some Years past, when only a few Young Hunters lived here.'
" Gave a Belt.

" ' Brethren :

" ' You have of late made frequent Complaints against the
Traders bringing so much Rum to your Towns, & desir'd it might
be stop't; & yjur Brethren the President & Council made an Act
accordingly & put a stop to it, & no Trader was to bring any Rum
or strong Liquor to your Towns. I have the Act here with me &
shall explain it to You before I leave you; But it seems it is out
of your Brethren's Power to stop it entirely. You send down
your own Skins by the Traders to buy Rum for you. You go
yourselves & fetch Horse loads of strong Liquor. But the other
Day an Indian came to this Town out of Maryland with 3 Horse
loads of Liquor, so that it appears you love it so well that
you cannot be without it. You know very well that the Country
near the endless Mountain affords strong Liquor, & the moment the
Traders buy it they are gone out of the Inhabitants & are travel-
ling to this Place without being discover'd ; besides this, you never
agree about it — one will have it, the other won't (tho' very few), a
third says we will have it cheaper; this last we believe is spoken
from your Hearts (here they Laughed). Your Brethren, therefore,
have order'd that every of Whiskey shall be sold to You for

5 Bucks in your Town, & if a Trader offers to sell Whiskey to You
and will not let you have it at that Price, you may take it from him

6 drink it for nothing/
" Gave a Belt.

iC c

Brethren

Here is one of the Traders who you know to be a very sober &
honest Man ; he has been robbed of the value of 300 Bucks, & you
all know by whom ; let, therefore, Satisfaction be made to the
Trader.'

" Gave a String of Wampum.
" ' Brethren, I have no more to say.'

" I delivered the Goods to them, having first divided them into 5
Shares — a Share to the Senekas another to the Cajukas, Oneidos,
the Onontagers, & Mohawks, another to the Delawares, another to

358 MINUTES OF THE

the Owendaets, Tisagcchroanu, & Mohickons, and the other to the
Shawonese.

" The Indians signified great Satisfaction <fc were well pleased
with the Cessation of Arms. The Rainy Wheather hasted them
away with the Goods into the Houses.

" 18th. The Speech was delivered to the Delawarcs in their own
Language, & also to the Shawonese in their's, by Andrew Montour,
in the presence of the Gentlemen that accompanied me. I ac-
quainted the Indians I was determined to leave them to-morrow &
return homewards.

" 19th. Scaiohady, Tannghrishon, Oniadagarehra, with a few
more, came to my lodging & spoke as follows :
" ' Brother Onas —

" ' We desire you will hear what we are going to say to You in be-
half of all the Indians on Ohio j their Deputies have sent us to You.

" ( We have heard what you have said to us, & we return You
man}7 thanks for your kindness in informing us of what pass'd be-
tween the King of Great Britain & the French King, and in par-
ticular we return you many thanks for the large Presents ; the same
we do to our Brother Assaraquoa, who joined our Brother Onas in
making us a Present. Our Brethren have indeed tied our Hearts
to their's. We at present can but return thanks with an empty
hand till another opportunity serves to do it sufficiently. We must
call a great Council & do every thing regular; in the mean time
look upon us as your true Brothers.
" ' Brother :

" ' You said the other Day in Council if any thing befell us from
the French we must let you know of it. We will let you know if
we hear any thing from the French, be it against us or yourself.
You will have Peace, but it's most certain that the Six Nations &
their Allies are upon the point of declaring War against the French.
Let us keep up true Corrispondence & always hear of one another.'

" They gave a Belt.

" * Scaiohady & the half King, with two others, had inform'd me
that they often must send Messengers to Indian Towns & Nations,
& had nothing in their Council Bag, as they were new beginners,
either to recompense a Messenger or to get Wampum to do the busi-
ness, & begged I wou'd assist them with something. I had saved
a Piece of Strowd, an half Barrell of Power, 100 lb. of Lead, 10
Shirts, G Knives, aud 1 lh. of Vermillion, & gave it to them for
the aforesaid use ; they return'd many thanks and were mightily
pleased.

" The same Day I set out for Pennsylvania in Rainy Weather,
and arrived at George Croghan's on the 28th Instant.

« CONRAD WEISER.

"Pennsbury, Septr- 29th, 1748.

PROVINCIAL COUNCIL. 359

At a Council held at Philadadelphia, 29th October, 1748.
present :

The Honoble. ANTHONY PALMER, Esq., President
Samuel Hassell, Abraham Taylor, \

Benjamin Shoemaker, Robert Strettell, V Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

Two Packets from the Secretary of the State's Office were opened,
which were found to contain the following Letters and Papers.

" Whitehall, 28th June, 1748.
"Sir:

" The Act of Accession of the King of Spain as likewise that
of the Republick of Genoa to the Preliminaries signed at Aix-la-
Chapelle the 19th April, 0. S., 1748, having been Signed by their
respective Plenipotentiary's on the 28th Instant, N. S., in conse-
quence of which Hostilities are to cease as well by Sea as Land, ac-
cording to the Terms and periods agreed upon for a suspension of
Arms in the Treaty sign'd at Paris the 19th Day of August, N. S.,
1712, I herewith inclose to You a literal Translation of the clauses of
the said Treaty of the 1 9th Augst: 1712, N. S., which relate to this
matter, & which together with my Letter to You of the 7th May last, &
the Copy of His Majestie's Proclamation which was therein inclos'd,
will serve for your Information and for the rule of your Conduct
on this occasion ; and you are to give proper directions to the end
that all His Majestie's Subjects in your Government may pay due
obedience to & strictly observe the same.

"I am, Sir, Your most obed'' humb. Serv'-'

" BEDFORD.

"Anthony Palmer, Esqr., Presid1-

" Translation of the third Article of the Treaty for a suspension of
Arms for four Months, made & concluded, at Paris between Ann,
Queen of Great Britain, & Lewis 14th, King of France, at Paris
the 19 th Day of August, 1712.

" To prevent in like manner all Subjects of Complaints & of Con-
testations which may arise on occasion of Ships, Merchandises, or
other Effects which may be taken at Sea during the time of the
Suspension, it is mutually agreed that such Sh'ips, Merchandises, &
Effects which may be taken in the Channel & in the North Seas
after the Space of twelve Days, to be computed from the Signing of
the said Suspension, shall be restored mutually.

" That the Term shall be of Six Weeks for Prizes made from the
Channel, the British Seas, & the North Seas as far as Cape St. Vin-
cent.

360 MINUTES OF THE

" And in like manner of Six Weeks from & beyond that Cape
as far the Line, whether in the Ocean or in the Mediteranean.

" Lastly, of Six Months beyond the Line, & in all other parts of
the World without any exception or other more particular distinc-
tion of time & Place.

" Whitehall, 9th August, 1748.
"Sir:

" In my Letter of the 28th June Last I acquainted You with the
King of Spain & the Republick of Genoa's accession to the Prelimi-
nary Articles, Sign'd at Aix-la-Chapelle the 19th April, 0. S.,
1748, for restoring a general Peace. I am now to inform You that
their Excellency's the Lords Justices have since order'd a Procla-
mation to be published, a Copy of which is inclos'd, declaring a
Cessation of Hostilities against His Catholick Majesty & the Re-
publick of Genoa & their Subjects, as well by Sea as Land, which
Proclamation you are to cause to be publish d in all the proper
Places under your Government, to the end that all His Majestie's
Subjects there may pay due obedience, & strictly conform them-
selves thereto.

u I am, Sir, Your most obedt- h'ble Servt#

" BEDFORD.
" Anthony Palmer, Esq. Presid1"

" By the Lords Justices.
"A PROCLAMATION.
"Tho. Cantuar, "Bedford, T

"Hardwick, C. "Argylc, j

" Whereas, preliminaries for restoringa General Peace were Sign'd
at Aix-la-Chapelle on the 19th Day of April last, 0. S., by the
Ministers of His Majesty, the most Christian King, & the States
General of the United Provinces. And whereas, for the putting
an end to the Calamities of War as soon and as far as might be
possible, it was agreed between his Majesty the most Christian
King & the States General that Hostilities shou'd cease at Land
and at Sea within the times & in the manner in the said Preliminary
Articles for that purpose agreed upon. And whereas f since the Sign-
ing the said Preliminaries His Catholic Majesty and the most serene
Republick of Genoa did, on the Seventeenth Day of June last, 0.
S., accede to the said Preliminaries, We have thought fit by &
with the advice of His Majesty's Privy Council, & do hereby in His
Majesty's Name notify the same to all His loving Subjects, and do
strictly charge & command all his Officers and all other His Sub-
jects whatsoever, to forbear all Acts of Hostility against his Catho-
lick Majesty and the Republic of Genoa, or either of them, their
or either of their Vassals or Subjects, from & after the respective

PROVINCIAL COUNCIL. 361

Times following, that is to say, from & after the end of Twelve
Days, to be computed from & after the said seventeenth Day of June
last, 0. S., in the Channel & in the North Seas ; and from and after
the end of Six Weeks from the said seventeenth Day of June last,
0. S., beyond the Channel, the British Seas, and the North Seas
as far as Cape St. Vincent, and beyond the said Cape to the Equi-
noctial Line, whether in the Ocean or Mediterranean ; and from &
after the end of Six Months from the said seventeenth Day of June
last, 0. S., beyond the said Equinoctial Line, and in all other
Places of the World without any exception or other more particular
distinction of time or Place, and do declare that all Ships, Merchan-
dizes, & Effects belonging to His Catholick Majesty & the Repub-
lick of Genoa, or either of them, or their or either of their Subjects
or Vassals, that have or shall be taken contrary to the true meaning
of this Proclamation, shall be restored.

" Given at Whitehall the 4th Day of August, 1748, in the Twenty-
second Year of His Majesty's Reign.
"GOD SAVE THE KING.""

" Whitehall, 27th August, 1748.
"Sir:

"The Lords Justices having in obedience to His Majesty's Com-
mands caused a Proclamation to be issued for taking off the prohi-
bition of Commerce between His Majesty's Subjects and those of
His Catholick Majesty, I am commanded by their Excellencies to
send You a Copy of the said Proclamation, and to Signify their di-
rections to You that you cause the same to be publish'd in all the
proper Places under your Government.

"I am, Sir, Your most obedient h'ble Serv'.,
"RI. RO. ALDWORTH.

"Anthony Palmer, Esqr., Presid'-"

" By the Lords Justices.

"A PROCLAMATION.

"Dorset P., "Montagu,

" Bedford, " Harrington.

" Whereas, by an Act of Parliament made in the thirteenth Year
of His Majesty's Reign, entitled 'an Act for prohibiting Commerce
with Spain,' all Commerce between His Majesty's Subjects & those
of Spain in Europe was prohibited and restrained in manner in the
said Act mentioned : And Whereas it was provided by the said
Act that if His Majesty in his great Wisdom should at any time
during the present War judge it for the benefit of His People to
take off the said Prohibition & Restrictions, it shou'd be lawful for
His Majesty by one or Proclamation or Proclamations to signify

362 MINUTES OF THE

the same, & thereupon such Goods & Commodities as in the said Act
are mentioned shou'd and might Ye imported, being first duly en-
ter'd, and paying the Customs & other Duties then due by Law for
the same, any thing in the said Act contained to the contrary not-
withstanding. We, therefore, judging it expedient immediately to
take off the said Prohibitions & Restrictions created by the said Act of
Parliament, have thought fit by & with the advice of His Majesty's
Privy Council, and do hereby in His Majesty's Name, in pursuance
of the Power reserved in & by the said Act of Parliament, by this
Proclamation signify the same to all his loving, and do hereby de-
clare that the said Prohibitions and Restrictions are from henceforth
taken off.

" Given at Whitehall the Twenty-fifth Day of August, 1748, in the
the Twenty-second Year of His Majesty's Reign.
"GOD SAYE THE KING."

And thereupon the Proclamations were immediately publish'd at
the Court House, & order'd to be printed & dispers'd thro' the
several Counties.

At a Council held at Philada., Wednesday, 23d Novr., 1748.

present:
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov

ernor.

Anthony Palmer, Thomas Lawrence, *|

Samuel Hasell, William Till, I v .

Abraham Taylor, Robert Strettell, f ^s(luires-

Joseph Turner, Thomas Hopkinson, J

A letter from the Honourable Proprietaries to the Council by the
Governor, was read in these words :

" Gentlemen :

u As the arrival of Mr. Hamilton, who embarks in the Ship that
carrys this Letter, will put an end to your Administration of Gov-
ernment, we cou'd not avoid declaring to you the Sense we have of
your having executed those Powers with great Zeal and attachment
to the true Interest of your Country; such a Conduct deserves and
has our hearty acknowledgments, and you may be assur'd of our
good will on all occasions. We recommend our Governor to your
advice & assistance, and are,

" Gentlemen, Your very affectionate Friends,

"THO. PENN.
"RICH'D. PENN.
" London, August 30th, 1748."

PROVINCIAL COUNCIL. 363

And then a Commission, Dated the 17th Day of March last, un-
der the Hands and Seals of the Honoble Proprietaries, Thomas
Penn and Richard Penn, Esqrs., constituting the Honoble. James
Hamilton, Esqr., Lieutenant Governor & Commander-in-Chief of
the Province of Pennsylvania & Counties of New Castle, Kent, &
Sussex, on Delaware, His Majestie's Order in Council under the
Seal of the Privy Council, dated the 12th May last, approving of
him to be Govr-' & a Copy of the Minute of the fourth of August
last of their Excellencies the Lords Justices in Council, certifying
the Governor's having that Day taken the Oaths of Allegiance &
Supremacy, &c, before them, and likewise a Warrant from the Pro-
prietaries to the Keeper of the Great Seal of the Province bearing
even date with the Commission commanding him to Affix the said
Seal thereto, were produc'd by the Governor & read; the Secre-
tary was thereupon sent to the Keeper of the Great Seal to get
the Seal affix'd to the said Commission.

Oa his return the Governor's Commission was again read, & His
Honour signifying his Intention that it shou'd be immediately pub-
lished, the Council waited on him to the Court House where the
Publication was made in the usual Forms.

At a Council held at Philadelphia, Thursday, 24th Novr-> 1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, ")

Abraham Taylor, Robert Strettell, > Esqrs.

Joseph Turner, Thomas Hopkinson, )

The Minutes of the preceding Council were read & approv'd.

The Governor propos'd to the Council the issuing a Proclamation
for the continuance of Magistrates & other officers, & a Draught
being Laid before them it was approv'd and agreed to be published on
the Governor's return from his Government of the Lower Counties :

<*By the Honourable JAMES HAMILTON, Esqr., Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania and Counties of New Castle, Kent, and Sussex, on Dela-
ware :

"•A PROCLAMATION.

u Forasmuch as the Honourable Thomas Penn and Richard Penn,
Esquires, true and, absolute* Proprietaries & Governors-in-Chief of
the Province of Pennsylvania and Counties of New Castle, Kent,
and Sussex, on Delaware, have been pleased by their Commission,
under their Hands and Seal, bearing date the seventeenth Day of

364 MINUTES OF THE

March last, to constitute and appoint me to bo their Lieutenant
Governor of the said Province and Counties, with all necessary
Powers and Authority for the well governing of the same, which
said appoinrment the King's most excellent Majesty, in a Council
held at St. James' the Twelfth Day of May last past, was graciously
pleased to allow and approve of : Therefore, in pursuance of the said
Trust in me reposed, having a special Regard to the Safety of the
State & Government of the said Province and Counties, and to pre-
vent failures in the Administration of Justice therein, I have by &,
with the Advice & Consent of the Council of the said Province &
Counties, thought fit to ordain and do hereby ordain and declare
that all Orders and Commissions whatsoever relating to the Govern-
ment of the said Province and Counties heretofore Lawfully and
rightfully issued, which were in force on the Twenty- third Day of
this Instant, November, shall be, continue, and remain in full force,
power, and virtue, according to their respective Tenors, until my
further pleasure shall be known therein ; and that all Persons what-
soever who on the Twenty-third Day of this Instant, November, held
or enjoyed any Office of Trust or Profit in this Government, by
virtue of any such Commission as aforesaid, shall continue to hold
and enjoy the same until they be determined by me as aforesaid, or
by other sufficient Authority. And I do further hereby command
and require all Magistrates, Officers, and Commissioners whatsoever,
in whom any publick Trust is reposed in this Government that they
diligently proceed in the performance and discharge of their re-
spective Duties therein for the Safety, Peace, and well-being of the
same.

" Given under my Hand and Great Seal of this Province at Phila-
delphia the Thirtieth Day of November, in the Twenty-second
Year of the Reign of our Sovereign Lord, George the Second,
King of Great Britain, France, & Ireland, Defender of the Faith,
&ca-' Annoqz Domini, 1748.

"JAMES HAMILTON.
" By his Honour's Command,
" Richard Peters, Secretary.
" GOD SAVE THE KING."

The Governor inform'd the Board of his Appointment of Mr.
Richard Peters to be Provincial Secretary and Clerk of the Council.

PROVINCIAL COUNCIL. 365

At a Council held at Philadelphia, Monday 2d January, 1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, ""»

Abraham Taylor, Robert Strettell, I -p,

Benjamin Shoemaker, Joseph Turner, | "^

Thomas Hopkinson, J

The Minutes of the proceeding Council were read & approv'd.

The Governor Laid before the Board the Draught of a Speech
which he propos'd to make to the Assembly, who by their Adjourn-
ment were to meet to- Morrow, which was read & approv'd, & the
Council adjourn'd to 12 o' Clock the next Day.

At a Council held at Philadelphia, Tuesday 3d January, 1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, ~)

Abraham Taylor, Benjamin Shoemaker, v Esqrs.

Thomas Hopkinson, William Logan, )

The Minutes of the proceeding Council were read and approv'd.

The Governor inform'd the Board that he had received a Message
last Night from the Assembly by five of their Members, acquainting
him that a Quorum of the House was met according to adjournment,
& were ready to receive any thing he had to lay before them, to
which he answer'd that he intended to order the attendance of the
House in the Council Chamber this Day about Noon ; whereupon
the Secretary was order'd to let the House know that the Governor
required their attendance in the Council Chamber immediately, &
the Speaker & the whole House coming accordingly the Governor
spoke as follows :

" Mr. Speaker and Gentlemen of the General Assembly —
11 1 should have called you together immediately after my Arrival
if I had either observ'd or been inform'd His Majesty's Interest or
that of the Country required it; but as no Necessity of that kind
appear'd, I forbore to give you the trouble of meeting in Assembly
before the time Yourselves had appointed for the Dispatch of Pub-
lic Business.

" It is with great pleasure I now see you met in your Legislative
Capacity, & very gladly embrace the opportunity it affords me

366 MINUTES OF THE

of signifying to you, by the express Command of the honourable
Proprietaries, the great Affection they bear to the Inhabitants of
this Province, the earnest desire they have to preserve Peace &
Concord among them, & the particular satisfaction they receive by
their Welfare & Prosperity; and as I know them to be perfectly
sincere in their professions, I have not the least apprehension but
they will meet with suitable Returns of Gratitude from You.

" Having been for some time absent, it cannot be presum'd the
Condition & Circumstances of the Country are so well known to me
as to Gentlemen who have constantly resided on the Spot, & who
being the Representative Body of the People are to be suppos'd
best acquainted with their real wants & expectations, wherefore I
shall for the present decline laying any thing before you on my
part; at the same time I very sincerely assure you that whatever
Bills you shall judge proper to present for my approbation shall be
favourably received and considered with attention, and where they
shall appear to be, as I doubt not they will, for the general Utility
of the People & not inconsistent with the Duty I owe to His Ma-
jesty or the Rights of the honourable Proprietors, they shall be
sure to receive my most speedy & hearty concurrence.

" With respect to myself I have little to say. It is now a long
time that I have been personally known to most of You, & from
thence you are much better able to form a Judgment of my Regards
for your Liberties, both Civil & Religious, than by any thing I can
say in my own behalf. One Circumstance, however, you will give
me leave to take Notice of, as it is in my opinion no unfavourable
one to the People you represent, that having myself a considerable
Stake in the Province, it is really my I jterest as well as inclination
to support them in the enjoyment of all their just Rights & Privi-
leges, since whenever the time shall come in which I shall cease to
be their Governor & return to a private Station, I shall find myself,
my Family, & Friends equally affected with every other Person by
any injury the Constitution may suffer under my Administration.

" I shall conclude what I have to say at this time with entreating
you that all Transactions between us may be carried on with Can-
dour & Moderation as the most effectual means of avoiding disagree-
able animosities and uniting us in the strict Bands of Friendship &
mutual Confidence, so necessary for the public Good. This is what
I will endeavour by every method in my Power, and I have no reason
to doubt that you, Gentlemen; are now come together with like Sen-
timents & Inclinations.

"JAMES HAMILTON.
" January 3d, 1748-9."

PROVINCIAL COUNCIL. 367

At a Council held at Philadelphia, Thursday, 5th January, 1748.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, v|

Abraham Taylor, Robert Strettell, i ™

Joseph Turner, Thomas Hopkinson, { ^r8"

William Logan, j

The Minutes of the proceeding Council were road & approved.

The Speaker with the House of Representatives waited on the
Governor in the Council Chamber, & in answer to His Honour's
Speech road the following Address :

11 To the Honourable JAMES HAMILTON, Esqr., Lieutenant

Governor of the Province of Pennsylvania, .& Counties of New
Castle, Kent j & Sussex, on Delaware,

u The Address of the Representatives of the Freemen of the said
Province in General Assembly met,

u May it please the Governor :

" We heartily congratulate the Governor on his Accession to the
Goveifiment of this Province & safe Arrival among us; And we
return him our sincere thanks for his favourable Speech at the
opening of this Session, and for the Regard he hath been pleas'd
to shew us in forbearing to call us together before the time we had
appointed for the dispatch of pubiick Business.

"The great Affection our honourable Proprietaries are pleased to
express ' to the Inhabitants of this Province/ their desires ' to pre-
serve Peace & Concord among them,' and ' the particular satisfac-
tion they receive from their Welfare & Prosperity/ justly merit
those grateful Returns which we are perswaded they will ever re-
ceive from the Freemen of Pennsylvania.

" Tho' the Governor has been sometime absent, yet his former
long acquaintance & thorough knowledge of the pubiick Affairs of
the Province, joined with his distinguished Abilities, render him
a very competent Judge of the Bills which shall be presented to
him in order to be past into Laws. Such only We are determined
to offer as shall appear to Us to be for the general Utility of the
People and consistent with the duty we all owe to the King, as
well as with a due Regard to the Rights of the honourable the Pro-
prietaries; and we gratefully acknowledge the obligation we are
laid under in the assurance the Governor is pleas'd to give us, that
such ' shall be sure to receive His most speedy &> hearty concur-
rence/

" The Fidelity, Impartiality, & Justice with which the Governor

368 MINUTES OF THE

lately acquitted himself in the principal & most honourable Office
within this City, as well as on other Occasions, leave Us no room to
doubt 'his Regards to our Liberties, both Civil and Religious.'
And it merits our particular acknowledgments to the honourable
the Proprietors that they have been pleased to confer the Govern-
ment on a Gentleman of so considerable an Estate among Us, whose
' Interest' we know it is, and whose l Inclination' we believe it to
be, to support the People of this Province ' in the enjoyment of all
their just Rights & Privileges.'

"We shall chearfully pursue the steps the Governor is pleas'd
to point out to Us, of carrying on " with Candour and Moderation
all Transactions between us,' & on our part endeavour not only to
maintain l the strict Bands of Friendship & mutual Confidence
necessary for the Publick Good,' but to shew the just -Regard We
entertain for the Government by making an honourable Provision
for its Support.

" Sign'd by order of the House,

" JOHN KINSEY, Speaker.

« 11th Mon. 4th, 1748-9."

When he had done he delivered the Address into the hands of
the Governor, with an Order of Assembly for £600, and the Gov-
vernor spoke as follows:

" I heartily thank you for this kind and affectionate Address.
The favourable Sentiments you are pleased to entertain of me give
me a particular pleasure, as by an harmony between the several
parts of the Legislature We shall be the belter able to recommend
ourselves to His Majesty, give Satisfaction to the Proprietaries, and
consult the true Interest of the People.

" The Present You have in so handsome a manner now made me
previous to our entering upon Business, is a mark of Confidence
which I trust you will find not ill-plac'd, since I think myself by
this Confidence laid under the strongest obligations of exercising
my best Endeavours for the Service of the Province."

At a Council held at Philadelphia, Monday, 23d of January,

1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor. «

Thomas Lawrence, William Till, ~\

Abraham Taylor, Robert Strettell, V Esqrs.

Joseph Turner, Thomas Hopkinson, )

The Minutes of the proceeding Council were read & approv'd.

PROVINCIAL COUNCIL. 369

The Governor laid before the Board a Bill deliver'd to him yes-
terday by two Members of the House for his concurrence, Entitled
" An Act for the new appointment of Trustees, &c*-'" which being
read the Board proceeded to compare it with former Acts of As-
sembly made on the like occasion, & finding a different mode of
expression from some of the former Acts, tho' exactly the same
with the last pass'd by Governor Thomas, it was consider' d whether
an Amendment shou'd not be offer'd to this Clause, viz.: " Pro-
vided always, and it is hereby further enacted, that none of the Per-
sons herein before named shall longer continue in the exercise of
the said Office than the space of four Years from the time of the
commencement of their trust as aforesaid, & from thence until a
new Nomination & Appointment of Trustees of the said General
Loan Office be made, as in and by the last-mentioned Act of As-
sembly is directed f and some time being taken up in the Con-
sideration thereof, the Council adjourn'd 'till to-morrow morning.

At a Council held at Philadelphia, Tuesday, 24th January, 1748.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, William Till, h

Abraham Taylor, Robert Strettell, >- Esqrs.

Joseph Turner, Thomas Hopkinson, J

The Minutes of the preceding Council were read & approv'd.

The Bill for the new appointment of Trustees was read a second
time, & a good deal was said further concerning the dark & per-
plex'd manner of expression in the Clause which was the Subject
of yesterday's Consultation ; but in as much as it was agreeable to
the last Act, & that the present offer of a Bill by the Assembly to
renew the Act, & the passing one thereupon, wou'd strengthen the
conclusion that the Trustees cou'd not act longer than four years
or till the next Session of Assembly immediately succeeding the
expiration of that term, it was thought adviseable to pass the Bill
in the manner it was presented.
vol. v.— 24.

370 MINUTES OF THE

At a Council held at Philadelphia, Thursday, the 26th Jan^ 1748.

present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, William Till, "]

Abraham Taylor, Robert Strettell, ! ™

Benjamin Shoemaker, Thomas Hopkinson, { ^

Joseph Turner, J

The Minutes of the preceeding Council were read & approv'd.

The Governor laid before the Board a Bill deliver'd to him by
two Members of the House for his concurrence, Entitled " An Act
for amending the Laws relating to the Partition and Distribution of
Intestates Estates, & concerning the Probate of Wills ;" which was
read for the first time, and it appearing that it differed from the Laws as
they now stand, as well as that there were some new Clauses where-
by the Estates of the Inhabitants of the Province wou'd be greatly
affected, it was agreed to postpone the consideration thereof till the
Attorney General shou'd have examin'd it and made his Report
thereon.

At a Council held at Philadelphia, Tuesday. 31st of January,,
1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Esqrs.

Thomas Lawrence, Samuel Hasell, "}

William Till, Abraham Taylor,

Robert Strettell, Lawrence Growden,

Joseph Turner, Thomas Hopkinson,

The Minutes of the preceding Council were read & approv'd.

The Governor inform'd the Board that he had received three more
Bills from the House ; that one was for an addition of £20,000 to
the Money now Current; but as he did not intend to take it at
present into his Consideration, he wou'd not lay it before them.
The other two were read, viz. : one Act to encourage the killing of
Squirrels within this Province, to which two Amendments were
made, & the Secretary was order'd to return the Bill with those
Amendments; And then the other entitled " An Act for amending the
Laws relating to the Poor, & for the better appointment of Over-
seers of the Poor within the City of Philadelphia,'" was likewise
read first all at once, and then Paragraph by Paragraph, together
with some observations which the Governor on perusal of it had
committed to writing ; & the Board unanimously thinking that the

PROVINCIAL COUNCIL. 371

Bill wanted much Amendment, tho' there were some good things
in it, they proceeded to make the amendments ; but finding as they
went on that the exceptions to the Bill were more numerous than
might consist with this method, they were Laid aside, & the Gov-
ernor was advis'd to set forth His Sentiments of the Bill in a Mess-
age to the House.

At a Council held at Philadelphia, Wednesday 1st February,

1748.

Esqrs.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Govr
Thomas Lawrence, Samuel Hasell,

William Till, Abraham Taylor,

Robert Strettell, Benjamin Shoemaker,

Lawrence Growden, Joseph Turner,

Thomas Hopkinson.

The Minutes of the preceding Council were read & approved.

The Governor having prepared a Message agreeable to the Senti-
ments of the Council yesterday, relating to the Poor Bill, the same
was read and approv'd & order' d to be deliver'd.

" Gentlemen :

" I have consider'd with the greatest Attention the Bill entitled
1 An Act for amending the Laws relating to the Poor, & for the
better appointment of Overseers of the Poor within the City of
Philadelphia/ & perceive it contains many new & wise Provisions,
tending to the Utility of the Inhabitants of this City & Province,
yet as the greatest part of the Bill consists of Clauses revoking
Powers given by several former Acts, & establishing New in their
Places without assigning any Cause for the alteration, I cannot pass
it as it stands.

" It would have been very agreeable to me could I have sent you
down the Bill under Amendments, but as a small Trial convinc'd
me the parts, in my opinion necessary were so inseparably wove
into the repealing Clauses that the Attempt must end in obscurity
& a fruitless wasting your Time.

" I wish any method cou'd be fallen upon to preserve the new &
truly valuable Provisions in the Bill. To them you may always be
assur'd of my hearty concurrence.

"JAMES HAMILTON.
" February 1st, 1748."

While the Council was sitting A Bill entitled "An Act for regu-
lating Horse Jockeys" was delivered to the Governor by two Mem-
bers, with a Message from the House that the greatest part of the

372 MINUTES OF THE

Business before them was gone thro', & that the greater dispatch
he gave the Bills under his Consideration the more he wou'd oblige
the House ; to which the Governor was pleas'd to make answer that
he wou'd give the several Bills before him all the dispatch possible.
The Governor having conferr'd with the Attorney General on the
Bill for x\mendment of the Laws relating to Intestates Estates, &
Communicated to the Board his opinion on the several parts of the
Bill, was read a second time, Paragraph by Paragraph, & several
Amendments propos'd &, settled, & the Secretary was order'd to
transcribe them fair & deliver the Bill to the House with the
Amendments.

The Horse Jockey Bill was read and agreed to & order'd to be
return'd with a Message that the Governor was ready to pass it
when it shou'd be presented to him for that purpose.

At a Council held at Philadelphia, Saturday 4th Feb'ry., 1748.

PRESENT I

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, William Till, ~)

Abraham Taylor, Bobert Strettell, V Esqrs.

Lawrence Growden, Thomas Hopkinson, )

The Minutes of the preceeding Council were read and approved.

The Governor inform'd the Board that the House had signified to
him by two of their Members their Agreement to the Amendments
propos'd to the Squirrel Bill, that they had return'd the Poor Act
& likewise the Act about Intestates Estates, with a written Mess-
age on each Bill, which were read and are as follows :

" May it please the Governor —

K It gives us some pleasure to find the Governor express himself
go much in favour of some parts of the Bill entituled i An Act for
amending the Laws relating to the Poor, &c./ And we wish, as in
his opinion, 'it contains many new Provisions tending to the Utility
of the Inhabitants of this City & Province/ the whole had been
such as that we might have obtain'd his Assent to it.

11 We observe from the Message the Governor was pleas'd to send
us in relation to this Bill, that although as it now stands he cannot
pass it, yet he is desirous some Method may be fallen upon to pre-
serve the new aud truly valuable Provisions in the Bill, and in this
we heartily concur with him.' The best expedient we know of to
answer this good purpose is, to entreat the Governor he will be
pleased to reconsider the Bill & point out such parts of it as he dis-
likes, to the end we may be able to judge whether, consistently with

PROVINCIAL COUNCIL. 373

the Trust reposed in us, we can so amend the Bill as to remove the
objections against its Passage.

" Sign'd by Order of the House,

"JOHN KINSEY, Speaker,
"February 2nd, 1748."

" May it please the Governor :

" We have taken into Consideration the amendments propos'd to
the Bill entituled ' An Act for amending the Law relating to the
Partition & Distribution of Intestates Estates, & concerning the
Probate of Wills/ & agree to all of them, the last save one excepted,
and as to that Amendment we look upon it as bestowing Powers on
the Register General and his Deputies, with the Justices they shall
think fit to call to their Assistance, which by Law neither can, nor
as we conceive ought to be granted to them for the reasons follow-
ing :

" First. The Register General and his Deputies in respect to the
Probate of Wills, &C1-' have only the same Powers which by the
Royal Charter the Proprietor is authorized to grant, and this we
think neither is nor can be any other than the Probate of Wills
which concern Personal Estates. But the Amendment now proposed
to us gives the like Power in respect of Lands, which is directly
repugnant to the Laws of England.

" It it true if the Register General or his Deputies and those
they are pleased to call to their Assistance shou'd doubt, the
Parties are intitled to a Trial by a Jury. But then they themselves
are made absolute Judges of these doubts, and tho' they shou'd
direct a Trial to be had by a Jury, yet no Provision is made to
oblige them to have any Regard to the Verdict so to be given, but
they may, for aught which the Clause proposed contains, give
Judgment against the Verdict, without any appeal to be had
against their Sentence.

" Secondly. As the Law now stands, we suppose it clear that if
the Register General and his Deputies, with their Assistants, exceed
their Powers, the Justices of the Supream Court may prohibit
them ; and at a time when the Powers of the Register General, his
Deputies and Assistants, by the Clause proposed are so much
enlarged, we cannot think it proper to take away the Superintend-
ence of the Supream Court.

" Thirdly. Because this Clause directs the calling of a special
Court to try the Issues directed, & provides no Remedy, were the
Justices to commit ever so gross mistakes, either by bringing on
any such Trial when the Witnesses of either Party are beyond sea,
by admitting Jurors or Witnesses against whom just exceptions are
taken. But these or any other mistakes notwithstanding by the
Amendment now proposed, the i Trial shall be had, made, taken,

374 MINUTES OF THE

perfected, & concluded in the said special Court, any Law, Usage,
Custom, Writ or Writs prohibitory notwithstanding.

" In England the Ordinaries, who have the Probate of Wills con-
cerning Personal Estates, have not like Power so far as concerns
Lands, tho' they are often Men well skill' d in the Civil Law, &
proceed by it in Cases not repugnant to the Laws of England ; yet
if they mistake, there are Appeals first to the Arches & next to
the Delegates, before the Parties are concluded ; But by the Provi-
sion in this Clause the Sentence is to be final, & no appeal from it,
tho' it may happen the Justices called to the Assistance of the
Register General or his Deputies are concern'd in Interest, know
little of the Common Law, less of the Civil Law, & yet made
Judges in the last Resort.

" For these Reasons we would willingly hope the Governor, on
considering the premises, will recede from the Amendment, & give
his Assent to the Bill as it now stands without the Clause proposed.
" Signed by Order of the House.

'•JOHN KINSEY, Speaker.
"Feb1* 2d, 1748."

And further, that the House had acquainted him by two Mem-
bers that they were inclinable to close the Sessions to-morrow, &
therefore desir'd to know his Result on the Bills depending before
him, & at what time he wou'd please to be waited on by the House
with the Bills that have or wou'd receive his Assent in order to
their being enacted into Laws ; and that he wou'd appoint some
Gentlemen of his Council to join a Committee of the House in
order to compare the Bills, whereupon he had sent three Messages
to the House, one on the Paper Money Act as follows :

*' Gentlemen :

" As the Currency of this Province is a Matter of the greatest
Consequence to the Inhabitants, it ought previously to the passing
an Act to increase the quantity to be well consider'd what Effect
such an Addition might have on Trade in general, & the private
Estates of particular Persons, in order that we may, as far as in us
lies, do equal Justice to all. I hope, therefore, you will not think
me unreasonable if I take some time, and the best information I
can get, the better to enable me to form a right Judgement of the
Bill now before me for making Current Twenty Thousand Pounds
in Bills of Credit of this Province to be emitted on Loan. And I
the rather hope this delay will not be attended with any consider-
able Inconveniences to the People, as there is confessedly a greater
Sum of Money now circulating among us than any time heretofore.

"JAMES HAMILTON.
» February 3d, 1748."

PROVINCIAL COUNCIL. 375

Another on the Act for Intestates Estates, as follows :
"Gentlemen :

" Upon considering that part of the Bill relating to the distribu-
tion of Intestates Estates, &c, which concerns the Probate of Wills,
& the Message I receiv'd from yon on the Amendments by me pro-
pos'd, I find it a Matter of great Importance and attended with
some difficulty. As to the other Parts of it I approve of them, &
am ready to give my Assent for their being passed into a Law.

" If the Laws relating to the Probate of Wills shall be thought
to want Amendment I shall always be ready to take into Considera-
tion any Bill that shall be prepar'd for that purpose.

"JAMES HAMILTON.

"February 3d, 1748."

And the third on the Poor Bill, as follows :
"Gentlemen :

" The Bill now before me for amending the Laws relating to the
Poor, & for the better appointment of Overseers of the Poor within
the City of Philada., being of considerable Length and of great con-
sequence to the Publick, the necessary corrections & alterations
will require time and deliberation • &, as many of you have been
long from your Families and are desirous to adjourn, I imagine it
will be agreable to you to defer the further Consideration of them
to another Session.

"JAMES HAMILTON.

" February 4th, 1748."

Mr. Taylor and Mr. Strettell were desir'd to compare such Bills
as were assented to with the engross'd Copies, and on their report-
ing that they had done so in conjunction with a Committee of As-
sembly, the Governor order'd the attendance of the House in the
Council Chamber at 12 o'Clock, in order to pass the Bills into
Laws; and the Speaker accordingly attending with the whole
House, he presented four Bills, praying the Governor wou'd enact
them into Laws ; each of which, on the Titles being read, was dis-
tinctly pass'd by the Governor, & then sign'd by his Honour &
countersigned by the Secretary, & delivered to a Committee to be
carried to the Recorder's Office in order to be enroll'd. The Titles
are as follows viz :

"An Act for the new Appointment of Trustees of the General
Loan Office of Pennsylvania, and for the making current Five
thousand Pounds in new Bills of Credit, to exchange such of those
now by Law current as are torn and defaced."

" An Act to regulate Horse Jockeys and Dealers in Horses, &
to prevent the bringing into this Province for Sale such as are
small, unsizeable, or unsound."

376 MINUTES OF THE .

" An Act to encourage the Killing of Squirrels within this Pro-
vince."

" An Act for amending the Laws relating to the Partition and
Distribution of Intestates Estates."

The Speaker then presented the Governor with an Order for
£400, & inform' d his Honour that the House propos'd to adjourn
to the Seventh of August, to which no objection was made ; then
the Speaker with the House withdrew.

At a Council held at Philadelphia, Saturday, the 11th of March,

1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ern or.

Samuel Hasell, Abraham Taylor, ~\

Robert Strettell, Joseph Turner, v Esqrs.

Thomas Hopkinson, )

The Minutes of the preceding Council were read & approv'd.

John Salkeld having complain'd to the Board that if the High-
way leading from Philadelphia to New Castle shou'd be laid out so
wide as sixty foot to the front of some Lands which he held on
both sides the Road near Chester Bridge, according to the order of
the late President & Council, it wou'd interfere with another Road
laid out by the County Court and be an exceeding damage to him,
& the Commissioners who laid out that Road having had notice to
attend, both Parties were called in & examin'd, & it not appearing
that John Salkeld had any just Cause of Complaint his Petition
was dismiss'd.

The Governor laid before the Board a Letter from Mr. Ogle,
dated at Annapolis the tenth of February, complaining of a breach
of the Peace committed by one Samuel England & William Hay,
Under Sheriff of Chester County, in serving a Writt on & dispos-
sessing one of the Inhabitants of Maryland, together with sundry
Depositions to prove the fact, which were read.

Order'd, That the Letter with the Depositions be copied & sent
to the Persons complain'd of, & that they be required to attend the
Governor & give him a full & true Account of the Affair that he
may enabled to give a proper answer to the Letter.

PROVINCIAL COUNCIL. 377

At a Council held at Philadelphia, Friday, 17th March, 1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Samuel Hasell, Abraham Taylor, ")

llobert Strettell, Joseph Turner, v Esqrs.

Thomas Hopkinson, )

The Minutes of the preceeding Council were read & approv'd.

An Express arriv'd from Mr. Cookson, Prothonotary of Lan-
caster County, with a Letter that Adam Furney, of Conewago, over
Sasquehanna, was shot dead by an Indian in Liquor as he stood at
his own Door; that the Indian was immediately seiz'd & carried
before Justice Schwoop, at the town of York, & there detained by
him 'till the Governor shou'd give Orders what shou'd be done with
him. The Tract of Land where the fact was committed being
(thro' to the Northward of the Temporary Line) held under a
Maryland Patent by Mr. Diggs, & as such the Temporary Juris-
diction seeming by the Royal Order to be given to Maryland,
whereupon the Secretary was examin'd, & it appearing by what he
said that the very spot where Furney was kill'd was on a careful
Survey made by the Deputy Surveyor of Lancaster County found
to be within the Lines of Mr. Digges' Patent, on a complaint
formerly made by the Governor of Maryland to Governor Thomas,
the Royal Order was read; and tho' it appear'd plain enough to the
Board that this Tract was within the words of the Royal Order, yet
as it was an Affair of the utmost Consequence to the Inhabitants of
Lancaster County & to the Rights of the Proprietaries, they de-
termin'd to consult the Attorney General & to take his opinion as
to the directions proper to be given by the Governor to Justice
Schwoop.

MEM'N.

In another Letter receiv'd soon after from Mr. Cookson, the
above Account was contradicted, Furney tho' shot recover'd, & so
nothing further was done.

At a Council held at Philadelphia, "Wednesday, 22 d March,
1748.

PRESENT :

The Honoble. JAMES HAMILTON. Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Abraham Taylor, ")

Robert Strettell, Joseph Turner, 5- Esqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

378 MINUTES OF THE

Justice Ruston & Justice Emmet attending by appointment of
the Governor to answer some Charges that were exhibited against
them for male Administration in the Execution of their Office in
several Petitions preferred to the Governor by the Inhabitants of
Chester County, & the Petitioners likewise attending with their
Evidences to make good their Accusations, the Parties were call'd
in, & after a long Examination of the Witnesses on both sides, it
appeared to the Board that Justice Huston had acted an imprudent
& unjustifiable Part, & that there were Parties subsisting among
the Presbyterians in that part of the Country about Points of Re-
ligion which bad but too much imbitter'd the Spirits of the Magis-
trates of that Persuasion.

At a Council held at Philadelphia, Saturday, 22d April, 1749.
present :

The Honourable JAMES HAMILTON, Esq., Lieutenant Gov-
ernor.

Samuel Hasell, William Till, ]

Abraham Taylor, Robert Strettell, ( -™

Benjamin Shoemaker, Joseph Turner, [ *

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approv'd.

The Governor observ'd to the Board that the Commissions of
the Peace being only of force by virtue of his Proclamation, & as
it was usual for Governors to renew them at or soon after their Ac-
cession to the Government, he proposed to issue new Commissions,
& desir'd the favour of the Board to recommend proper Persons to
be Magistrates for the several Counties, & particularly at this time
for the County of Lancaster, that Court sitting next Week, where-
upon the Board took this Affair into Consideration, & the following
Persons were agreed to, viz. : Thomas Edwards, Edward Smout,
Emanuel Carpenter, Conrad Weiser, Samuel Smith, John Kyle,
James Galbreath, Thomas' Cookson, James Whitehill, Edward Ber-
wick, James Gillaspy, William Maxwell, Samuel Anderson, John
Postlethwaite, George Swope, the Chief Burgess of the Borough of
Lancaster for the time being, William Parsons, Bernard Yanleer,
James Wright, James Webb, George Croghan, William Ilartly,
Thomas Foster, David McClure, James Smith, John Bay, Robert
Dunning, Robert Harris, Patrick Watson, Mathew Dill, & Jedediah
Alexander. •

PROVINCIAL COUNCIL. 379

At a Council held at Philadelphia, Monday, 15th May, 1749.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Abraham Taylor, ~\

Robert Strettell, Benjamin Shoemaker, V Esqrs.

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read and approv'd.

The Governor inform' d the Board that having while he was at
New Castle receiv'd a Packet from His Grace the Duke of Bedford,
dated at Whitehall the 6th of February, 1748, containing His
Majestic' s Proclamation of Peace and His Grace's Letter signifying
His Majestie's Commands to have the same Published in all Places
within His Government, he had accordingly issued a Proclamation
at New Castle & propos'd to do the same here, & after reading the
Letter and His Majestie's Proclamation, which are as follows :

"Whitehall, 6th February, 1748.

"Sir:

" A Definitive Treaty of Peace and Friendship having been con-
cluded at Aix-la-Chapelle the 7th Bay of October last by the Pleni-
potentiaries of His Majesty, the Most Christian King & the States
General of the United Provinces, to which the Empress, Queen of
Hungary, the Kings of Spain & Sardinia, the Buke of Modena, and
the Republick of Genoa, having acceded, & the Ratifications thereof
having been since exchanged, His Majesty has been pleased to com-
mand me to transmit to You the Proclamation which he has thought
fit to issue on that occasion, & to signify His Pleasure to you that
you cause the same to be published in all the proper Places in your
Province, to the end that all His Subjects do take Notice of His
Royal Will & ' Pleasure therein & conform themselves thereto ac-
cordingly. I am,

" Sir, Your most humble Servant,

"BEDFORD."

" By the KING.

"A PROCLAMATION.

u Whereas, A Definitive Treaty of Peace & Friendship between
Us, the Most Christian King, & the States General of the United
Provinces, hath been concluded at Aix-la-Chapelle the seventh
Day of October last, to which the Empress, Queen of Hungary, the
Kings ot Spain & Sardinia, the Duke of Modena, & the Republick
of Genoa, have acceded, & the Ratifications thereof have been since

380 MINUTES OF THE

exchanged ; In conformity thereunto We have thought fit hereby
to command that the same be published throughout all our Do-
minions. And We do declare to all our Loving Subjects our Will &
Pleasure that the said Treaty of Peace and Friendship be observed
inviolably, as well by Sea as Land, and in all Places whatsoever,
strictly charging & commanding all our Loving Subjects to take
Notice hereof, & to conform themselves thereto accordingly.

" Given at our Court at St. James' the first Day of February,
1748, in the Twenty-second Year of our Reign.
" GOD SAVE THE KING."

His Honour laid before the Board the Draught of a Proclamation
to be Publish'd here, which was read & approved, & is as follows :

" By the Honourable JAMES HAMILTON, Esqr., Lieutenant Gov"
& Commander-in-Chief of the Province of Pennsylvania & Coun-
ties of New Castle, Kent, and Sussex, on Delaware.

"A PROCLAMATION.
" Whereas, His Majesty hath lately thought fit to issue His
Royal Proclamation in the words following, viz :

"<G. R. :

" ' Whereas, a Definitive Treaty of Peace and Friendship between
Us, the Most Christian King, & the States General of the United
Provinces hath been concluded at Aix-la-Chapelle the seventh Day
of October last, to which the Empress, Queen of Hungary, the
Kings of Spain and Sardinia, the Duke of Modena, & the'Republick
of Genoa, have acceded, & the Ratifications thereof have been since
exchanged ; In conformity thereunto We have thought fit hereby to
command that the same be published throughout all our Dominions.
And we do declare to all our Loving Subjects our Will & Pleasure
that the said Treaty of Peace & Friendship be observ'd inviolable,
as well by Sea as Land, & in all Places whatsoever, strictly charg-
ing and commanding all our Loving Subjects to take Notice hereof
& to conform themselves thereto accordingly.

" ' Given at our Court at St. James' the first Day of February,
1748, in the Twenty-second year of our Reign.'

" And Whereas, a Copy of the said Proclamation hath been
transmitted to me by His Grace the Duke of Bedford, one of His
Majestic's Principal Secretaries of State, who hath signified to me
that it is His Majestic's Will & Pleasure the same should be pub-
lished at all the proper places in my Government, I have, there-
fore, in obedience to the Royal Order signified to me as aforesaid,
with the advice of the Council, caused the said Proclamation to be
this Day published, And do hereby strictly charge & command all
His Majestic's Subjects within this Province to take Notice of His

PROVINCIAL COUNCIL. 381

Royal Will & Pleasure therein, & conform themselves thereto ac-
cordingly.

" Given under my Hand and the Great Seal of the Province of
Pennsylvania, at Philadelphia, this Seventeenth Day of May, in
the Twenty-second Year of the Reign of our Sovereign Lord,
George the Second, King of Great Britain, France, & Ireland,
&ca> in the Year of our Lord One thousand seven hundred and
forty-nine.

"JAMES HAMILTON

" By His Honour's Command,

"Richard Peters, Sec'ry.
"GOB SAVE THE KING/'

And it was agreed that the same shou'd be published at the Court
House on Wednesday at 12 o' Clock, & that the Sheriff, Supreme
Judges, Mayor, & Commonalty of the City of Philadelphia, & all
Magistrates & other Officers should have Notice, & be commanded
to give Attendance that the same might be performed with the
utmost Solemnity.

At a Council held at Philadelphia, Wednesday, 17th May, 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Govr.
Anthony Palmer, Thomas Lawrence, ")

Samuel Hasell, William Till, |

Abraham Taylor, Robert Strettell, [^Esqrs.

Benjamin Shoemaker, Joseph Turner, {

Thomas Hopkinson, William Logan, J

The Minutes of the preceding Council were read & approv'd.

The Governor & Council, preceded by the Sheriff and his Offi-
cers, and attended by the Supreme Judges, Mayor, Alderman, &
Common Council of the City of Philadelphia, & a large company
of Gentlemen, went in Procession to the Court House & there pro-
claim'd the Peace.

At a Council held at Philadelphia, Friday, 19th May, 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Govr*
Thomas Lawrence, Samuel Hasell, ")

Abraham Taylor, Robert Strettell, I ™

Benjamin Shoemaker, Joseph Turner, ( SC*rS'

Thomas Hopkinson. J

The Minutes of the preceding Council were read & approved.

382 MINUTES OF THE

Mr. Lardner, Keeper of the Great Seal of the Province, and
Mr. Richard Peters, who as Secretary of the Province and of the
Land office had the Custody of the two lesser Seals, brought them
into the Council, and after the word (John) and the Date were
punch'd out and the place fill'd up so as to make a plain surface,
the Great Seal was return'd to Mr. Lardner and the other Seals to
Mr. Peters, and they withdrew.

Then the Governor inform' d the Board that He had received a
letter from the Proprietaries, directing that Mr. Richard Peters
might be called to the Council Board, and as He thought with the
Proprietaries that Mr. Peters might be an useful Member, He pro-
posal to do it immediately, if they had no objection; and every One
expressing his satisfaction at the appointment, Mr. Peters was call'd
in and took the Oaths as a Member of Council.

The Governor told the Board that he had call'd them to resume
the Consideration of Governor Ogle's Letter of Complaint against
Samuel England & William Hay, Sub-Sheriff of Chester County,
for the Service of a Writ issuing out of Chester Court on a Tract of
Land lying to the South of the Temporary Line & part of Talbot's
Manor in Maryland, which was read in these words, viz. :

" Annapolis, 10th February, 1748.
"Sir:

"As the inclosed Papers relate to the Peace of both Provinces, I
am persuaded you would desire to have the earliest Notice of what
might interrupt it.

"These Copies of Affidavits will inform you that two Persons in
possession of Lands two Miles to the Southward of the Temporary
Line held under this Government manys Years before and in &
ever since the Year 1738, were about a Year ago forcibly turned out
of their Possessions, and one of them carryed under Confinement
into Nottingham, & there compell'd to enter into a Bond for the
Payment of £10 10s., in order to procure his Releasement & pre-
vent an Imprisonment in Chester Goal. This outrage appears to
have been committed by one William Hay, Sub-Sheriff of Chester
County, on behalf of Joseph England, who then set up a Claim to
the Land, & was also present with his Son Samuel England.

" Joseph England is lately dead, and his Son Samuel having, from
a Sense of his mistaken Claim, apply ed for his Lordship's Lease of
all such part of those Lands as the Agent may think proper to give
him, I need not trouble You about, the future Possession; But
that unwarrantable behaviour of William Hay, as well as of Samuel
England (who is an Inhabitant of Chester County), so plainly in
disobedience to the third Article of the two Proprietaries' Agree-
ment, confirra'd and inforc'd by His Majesty's Order of the 20th
May, 1738, leaves me no room to doubt of your Assistance, not only
in discouraging any future violence of the like kind, but also for

PROVINCIAL COUNCIL. 383

bringing the present Offenders to Justice at the next April Assize
Court of Cecil County in this Province, where a Presentiment some-
time ago was made against them.

"I think myself indespensibly oblig'd to be the more earnestly
pressing on this point, by His Majesties Order of the 18th of Au-
gust, 1737, injoining 'The Governors of these two Provinces upon
pain of incurring his highest displeasure not to permit or suffer
any Tumults, Riots, or other outragious Disorders to be committed
on the Borders of their respective Provinces, but that they do im-
mediately put a stop thereto, & use their utmost Endeavours to
preserve Peace, &ca-" This part stands confirmed by that subsequent
Order of 1738."

" As a strict complyance with those Orders must be attended with
Peace to the People & a good understanding between ourselves, you
may be assured of every endeavour in my Power to attain those
ends."

"I am, Sir, Your most obedient, humble Servant,

" SAM. OGLE."

And to consult on a proper answer to be return' d to Governor
Ogle j that finding some difficulty in tracing the first settlement of
the Land on which the Arrest was made, he had inform' d Mr. Ogle
of this by Letter, which was read in these words :

" Sir :

" Your Letter of the 10th of February, containing a complaint
against Will"1- Hay & Samuel England for Misbehaviour to your
Government, came not to my Hands till the middle of March ;
which is a circumstance I think it necessary to acquaint you with,
least you may imagine I have not paid you so great a regard
to what you are pleased to mention to me, as the Importance
of the thing & your recommendation of it justly require at my
Hands*

" I assure you, Sir, I have nothing more at heart than to pre-
serve Peace on the Borders of the two Governments, for which pur-
pose I no sooner receiv'd your Letter than without delay I ap-
ply'd myself to make the Enquiries that are nceessary to lay that
Matter in a clear light before you, which I apprehend is not fairly
stated in the Affidavits you were pleased to transmit to me. This
I flatter' d myself I should have been able to have done by the pre-
sent Conveyance, but having been disappointed in the examination
by the absence of certain Persons whose testimonies I am told are
considerable in the Case, I must beg your patience sometime longer
till I can fully inform myself of the whole Transaction, and if
it shall be found these People have acted against the Royal Order,
I shall not hesitate one Moment to do what is incumbent on me

384 MINUTES OF THE

in an Affair wherein the Peace of the two Provinces is so nearly
concern'd.

" I am, with geat Regard, Sir, your most obedient Servant,

« JAMES HAMILTON.

« Philadelphia, April 17th, 1747/'

That Samuel England having been before him & minutely ex-
amined, he thought it best that what he said shou'd be reduc'd to
writing & affirm'd to by him; that Samuel England was further
order'd to furnish him with his Title to the said Land & such In-
formation, on Oath or Affirmation, as any of his Neighbours of
good Credit cou'd give about the Settlement & Possession of the
Place at or before May, 1738. That having but just received the
necessary Papers he thought it his Duty immediately to lay them
before the Board for their Judgment.

Then the Secretary was order'd to read first Mr. Ogle's Letter
& the proofs in support of the Complaint, & then the Depositions
& Papers in support of Samuel England's Right to that Land
under Pennsylvania; all which being read & duly consider'd, the
following Letter was form'd, read, and approved :

"Sir:

u I have carefully inquired into the Rights of Joseph England,
deceas'd, under the Proprietaries of Pennsylvania, to the Tract of
Land in Nottingham, on which you suppose a trespass committed
by him, his Son Samuel, and one Hay, the Under Sheriff of Ches-
ter County, & find :

" That one Steelman sometime before the Year 1706 or 1707
cleared & was possessed of a Tract of Land, part of the five hundred
Acres claimed by Joseph England in his life time. That some-
time in tho?;e Years one James Brown purchased it from Steel-
man, took possession of & occupied it until the Year 1713, when
dying he devised it to his Son William Brown. The Devisee en-
ter'd into it & soon after in that year, under the Proprietors of
Pennsylvania, Surveyed Five hundred Acres of Land, including
Steelman' s improved Ground. Under this Warrant & Survey Wil-
liam Brown continued seized until the Year 1716. In that year
lie died & left the possession in his Widow Esther. She sold the
five hundred Acres to Benjamin Vining of the City of Philadel-
phia, who afterwards in the Year 1723 sold the same to Joseph
England. I cannot find from any of the Depositions that Steel-
man, cither of the Browns, the Widow Esther, Benjamin Yining,
or Joseph England, through all these Transactions, ever did any
any Acts that shew they held the Land under Lord Baltimore or
owned obedience to the Jurisdiction or Laws of Maryland. On the
contrary, as a point decisive, it appears Joseph England, who was
in possession of the Land when the Royal Order was made, did at

PROVINCIAL COUNCIL. 385

that time acknowledge obedience to the Jurisdiction & Laws of
this Province by paying Taxes in & serving as a Juryman for the
County of Chester.

" To prove these Matters you have Copy of the Survey, Vining's
Deed, & kSundry Depositions inclos'd.

" As I apprehend the Settlements of Robert Mitchell & Mary
McFadein are within the five hundred Acres Survey'd & Possessed,
as far as possession can be without actual cultivation of the whole
under this Province, permit me from the Depositions transmitted
to observe with respect to their Rights under your Proprietor, that
John Dawson says Steelman took up Two hundred Acres of Land
in Talbot's Manor under a Maryland Right. When he was examined
in this Province, which is in nature of a cross-examination upon the
ex parte Deposition taken in yours, he declared he knew not of any
Right Steelman had to settle the Land under either Province. Jere-
miah Brown, the Son of Brown the purchaser from Steelman, says
the same. You have their Depositions inclosed. But can you think
it agreeable to reason or the Interests of the several Proprietors to
admit general declarations, frequently founded on hearsay & opinion,
as sufficient evidence to prove their granting rights, when such Acts
are always in writing, & for the most part publickly register'cl ?

"I can't find from the Depositions with certainty that Mitchell
& McFadein or those they claim under, were in possession at the
time of the Royal Order. Some general words intimate the Land
was always possess'd, and in the. words of the Deposition deemed
under the Lord Baltimore. But as such possession is capable of
more particular proof, certainly it ought to be given,

" Admitting their possession, how does it appear they held under
your Proprietor? John Dawson says the Land was held under
Maryland, without mentioning any Acts done by the Possessors to
to shew such Tenure, except the Payment of Customs & Duties.
I don't understand what they were or under what Laws. Generally,
in all His Majesty's Dominions Duties & Customs may be paid by
a Foreigner that has Lycence to trade, & in the Plantations they
are often particularly impos'd on the King's Subjects who reside
out of the Government. You will favor me with an explanation.
As far I can learn by your Constitution, all the Inhabitants of each
County are annually taxed to defray the County Charge, which
taxes are collected from them by the Sheriff, & they are obliged oc-
casionally to serve in Public Offices & as Jurymen. The taxing
serving in Public Offices, or as Jurymen, maybe proved by your
Records & Payments by the Sheriff's Receipts. Any of these Acts,
at or just before the time of the Royal Order, properly testified,
will give Satisfaction that they held under your Government. But
if no such Facts, or some others equivalent, can be made appear, &
they had no rights under your Proprietor, they shou'd be regarded
by both Governments as freebooters. And then being possessed of
vol. v. — 25.

386 MINUTES OF THE

part of a tract of Land Surveyed under the Proprietors of Penn-
sylvania they ought to be consider'd as Persons holding under
them, for under them they must hold if under any. Shou'd this
reasoning, just as it appears to me, be contravened, perhaps it may
shake the possessory Rights of many who hold Lands near the bor-
ders as under your Proprietor.

" I can't approve of the method taken by your Courts & Officers
in sending Complainants against our Inhabitants about Crimes done
near the Borders, & wherein jurisdiction is concerned, to your
Jurys. It is not unlikely the Courts & Jurys in each Province
may differ in Sentiment about the same Rights & the jurisdiction
depending upon them. Experience has shown they have done so,
& what were the Consequences? The King's Subjects were pun-
ished in one Government for what was deemed lawful & right in the
other, & sacrificed by the disagreement of two independent Powers.
To remedy these Mischiefs was the Royal Order made, & the
several Governors are thereby specially required to prevent them.
To You then ought the application to be made in the first Instance,
and upon Notice I should not have failed to do the injured Parties
justice as far as my Power extended. I may mistake, & shall with
pleasure be convinced, but to me it appears clear that in point of
jurisdiction in criminal matters the first and only resort on this
side the Water ought to be to the several Governors, and to His
Majesty in the last.

" I send you Samuel England's Deposition, from whence I
believe you will have reason, as I do, to doubt the truth of what
Mitchell has deposed concerning Hay's turning him or any other
out of possession. It may, perhaps, be objected that England is
Interested in what he declares ; the same may be said against
Mitchell, who swore to avoid a contract that ought to bind him if
he was not forcibly turn'd out. The very Papers signed by Joseph
England, as sent me, is strong evidence that Mitchell gave up his
possession by Contract, & was not removed by force. I will but
mention it, be pleas'd to enquire into the Characters of England &
Mitchell, & you'll easily determine to whom Credit ought to be
given.

" You'll pardon me, I can't easily comprehend what you mean by
requiring my assistance in bringing Samuel England to Justice in
your Province, when you say he was applying to some of your Offi-
cers for a Lease. He was then in your Power if you had thought
proper to exercise it, & I suppose, as you represent the Case, may
be always so at your pleasure.

" Your Agent, if unrestrained by you, may Grant what Leases
he pleases; but as Samuel England's Father, from whom he de-
rives his Title, was a Tenant in possession under our Proprietors at
the time of the Royal Order, I am apprehensive such Leases will be
a manifest violation of the third Article; And we shall think our-

PROVINCIAL COUNCIL. 387

selves well warranted in exacting obedience to our Laws from him
& all other Persons that reside on the Land notwithstanding.

" I shall upon all occasions inviolably observe the King's Orders.
Nothing can be more agreable to our Proprietaries or pleasing to
me, especially as it will be a means of preserving a good understand-
ing & harmony between us, which I think a matter of the greatest
Importance to,

" Sir, Your most obedient humble Servant,

« JAMES HAMILTON.

" Philada., May 15th, 1749."

And the Papers were order'd to be number'd & Laid up carefully
in the Secretarie's Office.

The Council resum'd the Consideration of the new Commissions
of the Peace, & agreed to appoint the following Persons Justices for
Chester County, viz. : Caleb Cowpland, Elisha Gatchil, William
Moore, Joseph Pennock, Joseph Brinton, William Pymm, Joseph
Bonsell, John Mather, Charles Grant, Samuel Flower, Thomas
Cummings, Thomas Worth, Aaron Ashbridge, John Churchman,
John Miller, Richard Richison, Isaac Davis, John Scot, William
Read, & the Chief Burgess of the Borough of Chester for the time
being.

At a Council held at Philadelphia, Friday, 30th June, 1749.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Abraham Taylor, Robert Strettell, 1

Benjamin Shoemaker, Joseph Turner, VEsqrs.

William Logan, • Richard Peters, J

The Minutes of the preceding Council were read & approv'd.

The Governor laid before the Board a Letter with some Papers
from Governor Clinton receiv'd this morning by express, purporting
that two New England Men in their return from Canada, where
they had been to solicit the Release of some Prisoners, reported
that they saw an Army of One thousand French ready to go on
some Expedition, & that they were inform'd it was to prevent any
Settlements being made by the English on Belle Riviere, i. e. Ohio,
whereupon it was determined to dispatch a Messenger to Mr. George
Croghan, with a Request that he wou'd go immediately to Alle-
gheny, & on his arrival send away a Trader or some Person he cou'd
confide in to the Lakes, or to the Eastward, to discover whether any
French were coming into those parts, & if any in what numbers &
what appearance they made; that the Indians might be appriz'd k
pu,t upon their Guard.

388 MINUTES OF THE

The Council resum'd the Consideration of the new Commissions
of the Peace, & agreed to appoint the following Persons Justices for
Philadelphia County, viz. : Thomas Lawrence, Samuel Hasell, Abra-
ham Taylor, Robert Strettell, Benjamin Shoemaker, Joseph Turner,
Thomas Hopkinson, William Logan, the Mayor of the City of
Philadelphia for the time being, the Recorder of the City of Philada.
for the time being, William Allen, Jonathan Robinson, Owen Evan,
Joshua Maddox, Septimus Robinson, Edward Shippen, Charles
Willing, Thomas Yenables, Nicholas Ashton, Thomas Fletcher,
Samuel Morris, of White Marsh, Thomas York, Francis Parvin,
John Potts, Anthony Lee, William Colenian, Benjamin Frauklyn,
John Smith, k Rowland Evans.

And the following Justices for Bucks County, viz. : Abraham
Chapman, Matthew Hughes, Simon Butler, Enion Williams, Rich-
ard MitcHel, Mark Watson, John Abraham De Normandy, Robert
Ellis, Alexander Graydon, Henry Antes, Thomas Owen, Thomas
Craig, Daniel Broadhead, Mahlon Kirkbride, Langhorn Biles,
Thomas Janney, Benjamin Griffith, Richard Walker, & the Chief
Burgess of the Borough of Bristol for the time being.

At a Council held at Philadelphia, in the Supreame Court, July
1st, 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, "]

Benjamin Shoemaker, William Logan, J-Esqrs.

Richard Peters, J

Indians.

Three Senecas, two Onontagos, some Tutatos & others, Nanty-
cokes and Conoys.

Ogashtash, | ~ ,

Assuchquay, j P

Conrad Weiser, Esqr., Interpreter.

Some Deputies of the Seneca Nation having arrived in Town on
Thursday, & letting the Governor know that they had some Busi-
ness to transact with the Government, His Honour appointed this
Day to hear them, and on the Indians taking their Seats the Inter-
preter was order' d to tell them that the Governor was ready to hear
what they had to say, on which Ogaushtosh stood up & spoke as
follows :

" Brethren, the Governor & Council & all the Inhabitants of
Pennsylvania —

" We believe the Visit is unexpected, & therefore think proper

PROVINCIAL COUNCIL. 389

to tell you the reason why we came. Early in the Spring a Council
was held at Onontago by our Nations, in which sundry Affairs were
taken into Consideration, and amongst others an answer to a pro-
posal made by the former Governor of Pennsylvania concerning a
Peace made between us & the Catawbas; it was likewise said that a
new Governor was arriv'd at Philadelphia, & that it would be pro-
per to shake Hands with him, & this wou'd furnish an opportunity
of settling some affairs which, if not set to right at the beginning,
might occasion differences; it was, therefore, unanimously determined
to send Deputies to Philadelphia to congratulate the new Governor
on his arrival, & to transact with him what other Business we had
to do with the Province. The Deputies were appointed, & engaged
to meet at a certain place on the River Sasquehanna. We, the
Deputies of the Seneca Nation, accordingly came to Wyomen, the
Place appointed, & staid there a whole Month, but no Deputies
coming, nor hearing no Tydings of them, we concluded something
extraordinary had happened, & then deliberated with ourselves what
to do, whether we shou'd return or proceed to Philadelphia; the
last was resolv'd on, for the reasons which we shall give by & by;
& in token of the truth of what we say concerning the occasion of
our coming here we give you this

" String of Wampum.

" Brethren:

" One of the most considerable Points which induced the Council
to send Deputies at this time was, that they heard the white People
had begun to settle on their side the Blue Mountains, & we, the
Deputies of the Senecas, staying so long at Wyomen had an oppor-
tunity of enquiring into the truth of this Information, and to our
Surprize found the Story confirmed, with this addition, that even
this Spring, since the Governor's Arrival, numbers of Families were
beginning to make Settlements. As our Boundaries are so well
known, & so remarkably distinguish'd by a range of high Moun-
tains, we could not suppose this could be done by mistake, but that
either it must be done wickedly by bad People, without the know-
ledge of the Government, or that the new Governor had brought
some Instructions from the King or Proprietors relating to this
Affak; we, therefore, thought it was become necessary to proceed
& to make our Complaints, to hear what the Governments had to
say on an Affair whereby we are likely to be very much hurt. The
Governor will be pleased to tell us whether he has brought any
Orders from the King or the Proprietaries for these People to set-
tle on our Lands, and if not, we earnestly pray that they may be
made to remove instantly with all their Effects, to prevent the sad
Consequences which will otherwise ensue; & to enforce this Request
we present you with this

"Belt of Wampum.

390 MINUTES OF THE

" Brethren :

" We can take upon us in behalf of the Six Nations heartily to
congratulate the Governor's arrival. We are pleased to hear he is
a Native of the Country, promising ourselves in him a true and
hearty friend to all the Indians, as he is our Countryman.

"We recommend it to the Governor to tread in the Steps of those
wise People who have held the Reins of Government before him in
being good & kind to the Indians. Do, Brother, make it your Study
to consult the Interest of our Nations ; as you have so large an au-
thority you can do us much good or harm ; we wou'd therefore en-
gage your Influence & Affections for us, that the same Harmony &
mutual Affections may subsist during your Government which so
happily subsisted in former Times, nay from the first Settlement of
this Province by our good Friend the great William »Penn. We
bind this our Congratulation & Request by

"A String of Wampum.

" Brethren :

" The Governor & Council know that we are Poor and not able
to present them with any thing worth their Acceptance ; but not-
withstanding this we cannot help, as a testimony of our Regards,
presenting the Governor with a Small Bundle of Skins to make
him a pair of Shoes. "

Bundle of Skins.

Ogaushtosh having finish'd, Assuehquay got up & spoke as fol-
lows :
"Brethren:

" As we were coming here the Conoy Indians gave us this String
of Wampum, thereby putting their Case into our Hands, which we
undertook to Speak to. It seems when the Proprietaries bought the
Land between Delaware and Sasquehanna from us, the Tract, as
they told us, on which the Conoy Town stood was reserv'd out of
the Grant on account of those Indians then living there, & when
they should quit it they were to have a Consideration paid them for
it. This we think they are now intitled to, as they have left the
Land & Live among other Nations at Juniata ; and as they tell us
that they have never receiv'd any thing for their Land, we ff ecom-
mend it to you to see them paid."

Here he gave the Conoy's String.

On the Indians withdrawing, the Council judg'd it necessary that
a Present should be prepar'd for the Indians, & appointed Mr. Law-
rence & Mr. Logan to confer with the Speaker on the value, who
return'd & reported that it was the Speaker's as well as their
opinion that a Sum not less than One hundred Pounds shou'd be
laid out in a proper Assortment of Goods, which being approv'd of
Mr. Logan was desir'd to get the Goods ready to be produe'd on

PROVINCIAL COUNCIL. 391

Monday or Tuesday, at the time the Governor shou'd return his
Answer to the Indians Speech.

^Esqrs.

At a Council held at Philadelphia on Tuesday, July 4th, 1749.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell,

Abraham Taylor, Robert Strettell,

Benjamin Shoemaker, Joseph Turner,

Thomas Hopkinson, William Logan,

Richard Peters,

The Minutes of the preceding Council were read & approv'd.

The Governor laid before the Board the Draught of an Answer to
the Speech made by the Indians on Saturday ; which being ap-
proved, the Interpreter was sent to the Indians to let them know
the Council was met & the Governor ready to give them an Answer;
& on their taking their Places he spoke as follows :
" Brethren of the Six United Nations of Indians :

" In the Speech you made to us the other Day you told us that
at a Council at Onontago it was considered that no Answer as yet
had been made to a proposal of the Governors of Pennsylvania
in behalf of the Government of Virginia concerning a Peace be-
tween the Six United Nations & the Catawbas, & that the Council
of the said*"' Nations agreed to send Deputies to Philadelphia for
that purpose, as well as to congratulate me on my arrival, & to
lodge a Complaint against some of the Inhabitants of this Province
for the Settlements not yet purchased from you.
u Brethren :

"I could have wished that all the Deputies had arrived, but
since the others did not come, & you had proceeded so far as to
Wyomen, You did well in resolving to come to Philadelphia to our
Council Fire, at which I kindly recieve you as true Deputies from the
Six United Nations, & heartily bid you welcome ; in token whereof
I give this

" String of Wampum.
u Brethren :

" You further inform'd us that an Account having been given
of some white People's making Plantations on your side of the
Blue Hills, the Council at Onontago had given it in charge to the
Deputies to make a Complaint of this; that staying so long at
Wyomen you had an opportunity of having it confirm' d to you
that several had settled there, & some since my arrival, and you

392 MINUTES OF THE

desire to know whether this is done with the Consent of this Gov-
ernment or in Consequence of any Orders' T have brought from the
King or the Proprietaries j and if not, that they may be instantly
removed. Brethren, as this Government stands engag'd to you by
Treaty not to suffer any of their People to settle on Lands till
they are purchas'd by the Proprietaries, they have ever endea-
vour'd faithfully to observe this Engagement by causing it to be
proclaimed that none should, on the highest Penalties, presume to
settle on the "West side of that ridge of Mountains which is the
Boundary between us and you; yet, notwithstanding these Procla-
mations, some have been so audacious as to go there, but they have
been forcibly removed & their Plantations broke up & destroy'd.
" Brethren :

" I give you the strongest assurances that these People have not
had the least countenance from the Government for what they have
done, and that I have received no Orders from His Majesty or the
Proprietaries in favour of them, And that I am heartily inclined to
take the most -effectual Care that these unwarrantable Settlements
be not made, as all such are against the Publick Faith given to the
Six Nations, & have a tendency to disturb the Peace between us and
you, & to create endless differences. No endeavors, therefore, shall
be wanting on my part to bring these offenders to Justice, & to
prevent all further Cause of Complaint; and in Confirmation of
the truth of these Assurances, I present you with this

"Belt of Wampum.
"Brethren :

"The People of this Province cannot but entertain an high opin-
ion of the regard of the Six Nations for them, in that they are al-
ways ready to pay all proper respects to their Governors. In this
Light I receive their Compliments to me on my arrival, & am par-
ticularly oblig'd to you, their Deputies, for your favorable opinion of
me. Had I more Power it should be all used in your favour, so long
as you maintain the Character you have hitherto done ; for I can
sincerely assure you y( the Proprietaries cannot commit the Adminis-
tration of their Affairs to any one who has heartier Inclinations to
do you Service than I have, so that I shall on all occasions study &
promote your true Interest, to which I am strongly impell'd, not
only by my own Affection as being a Native of the Country, but by
the laudable Example of my Predecessors, & above all by the plea-
sure 1 know any Good I shall do you will give to the Honorable
Proprietaries, whose Commands I have repeatedly receiv'd to be
sure to be kind to the Indians. In Testimony of the sincerity of my
love for you I present you with this

" String of Wampum.
" Brethren :

"The value of a Present arises principally from the Affection

PROVINCIAL COUNCIL. 393

with which it is given, and Yours, therefore, on this Account is as
agreeable as if it was of more real worth. In return, the good
People of this Province, sensible of the trouble and fatigue so long
a Journey must needs have given you, & in token of their Esteem
for the Six Nations who appointed You on the Deputation, have pro-
vided a Present of Goods which they desire your Acceptance of;
the Secretary will read the List, & the Interpreter will deliver them
to you when you please to recieve them/'

The Governor gave the List of Goods to the Secretary, who
read it.
" Brethren :

" I now return an answer to Assuehqua, who gave this String in
behalf of the Conoy Indians. I am sorry to say that these Indians
have misrepresented the fact, for on the Information I have recieved
from the Proprietor's Officers, this Land, which is but a Small
Piece where their Town stood, was not reserv'd out of their Grants
of the Lands sold by the Six Nations ; but at that time the Conoy
Indians being desirous to continue there, prevail'd with the Six
Nations to ask this as a favor from the Proprietaries, while they
(the Conoys) remain'd on it, and at their Instance the Proprietaries
granted them this favour, & they might have lived there till now ;
but as they chose voluntarily to go away, & signified this by a
String of Wampum to the Government, they had leave accordingly
to go to Juniata or elsewhere. You cannot but know the Six Na-
tions have frequently desired the Proprietaries not to give Money
to any tributary Nations for Land, & as these Conoys are such they
would have reason to find fault with the Proprietaries shou'd they
pay them anything, especially as they have already given to the
Six Nations a valuable Consideration for it; I confirm this by

" A String of Wampum/'

10 Pieces of Strowds, 6 Groce of Awl Blades,

10 Pieces of Striped Duffills, 15 Groce of Gartering,

10 Pieces of Half Thicks, 15 Pieces of Ribbon,

10 Half Barrels of Gun-powder, 3 Pieces of Bed lace,

10 cwt. of Barr Lead, 5 doz. of Scizzars,

3 cwt. of Small Shott, 3 Groce of Ear-Rings,

20 Ho. of Vermillion, 10 Groce of Rings,

140 Plain Shirts, 5 Pack of Morris' Bells,

50 Ruffled Ones, 4 Groce of Brass Thimbles,

15 guns, 5 it), of small white Beads,

20 Brass Kettles, 1J Groce of small Brass Juice

3 doz. of Hatchetts, Harps,

20 doz. of Knives, 1 pce- of Handkerchief,

5 M. of Flints, Tobacco & Pipes.

5 doz. of Looking Glasses,

The Indians having by Mr. Weiser made a Request to the Gov-

394 MINUTES OF THE

era or to order their Guns to be mended, he gave Orders accord-
ingly.

At a Council held at Philadelphia, Tuesday, 18th July, 1749.
present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Samuel Hasell, Robert Strettell, ) ^

Thomas Hopkinson, Richard Peters, j ^

The Minutes of the preceeding Council were read and approved.

The Governor laid before the Board the Draught of a Proclama-
tion, agreeable to the Request of the Seneca Deputies at the last
Treaty, which was approv'd & order'd to be publish' d & printed.

"By the Honourable JAMES HAMILTON, Esqr., Lieutenant
Governor & Commander-in-Chief of the Province of Pennsyl-
vania & Counties of New Castle, Kent, & Sussex, on Delaware.

"A PROCLAMATION.

" Whereas, The Deputies of the Senekas, at a Treaty lately held
at Philada., complained to me, in behalf of the Six United Nations,
that contrary to the Tenor of a former Treaty now subsisting
between them & this Government, & without their Consent, divers
Persons, Inhabitants of this Province, have seated themselves &
Families on Lands not purchased of them, lying Westward of the
Blue Hills, very much to their Hurt, earnestly prayed that they
should be forthwith remov'd, to prevent the bad Consequences that
might otherwise ensue. And forasmuch as these Persons have
neither Lycence from the Proprietaries nor colour of Title to the
said Lands, & to permit them to stay there wou'd not only be a
breach of the Publick Faith given to the Six Nations, but may oc-
casion dangerous Quarrels with them, & be the Cause of much
Bloodshed; Therefore for preventing these Mischiefs I have thought
fit, with the advice of the Council, to issue this Proclamation ; &
do hereby, in His Majesty's Name, strictly charge, command, and
enjoin all & every the Persons who have presum'd to settle in any
part of the Province Westward of the Blue Bills to remove them-
selves, their Families & Effects, off those Lands on or before the
first Day of November next ; And in Case of their Neglect or Re-
fusal, I do, in His Majesty's Name, strictly charge & command all
& every the Justices of the Peace, Sheriffs, & Officers within this
Province, whose Assistance may be necessary, that they, immedi-
diately after the said first Day of November, cause the Delinquents,
with their Families and Effects, to be removed off the said Lands,
as the Law in such Cases directs. And hereof all Persons con-

PROVINCIAL COUNCIL. 395

cerned are to take Notice, and not to fail in their obedience, as they
will answer the contrary at their Peril.

' Given under my Hand & the Great Seal of the Province of Penn-
sylvania, at Philadelphia, this Eighteenth Day of July, in the
Twenty-third Year of the Reign of our Sovereign Lord, George
the Second, King of Great Britain, France, and Ireland, &ca-
And in the Year of our Lord One thousand seven hundred &
forty-nine.

"JAMES HAMILTON.
" By His Honour's Command,
" Richard Peters, Secretary.
"GOD SAVE THE KING."

At a Council held at Philadelphia, Tuesday, 8th August, 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Abraham Taylor, \ -^

Robert Strettell, Richard Peters, j "

The Minutes of the preceding Council were read & approv'd.

The Governor having prepar'd a Message to the Assembly on
the Subject of the late Treaty with the Deputies of the Seneca Na-
tion, the same was read & order' d to be deliver'd to, the House by
the Secretary, together with a Copy of the Minutes of Council con-
taining that Treaty.

" Gentlemen :

" Some Affairs relating to this Province having been the Subject
of the consultations of the Six Nation Indians at their Annual
Council held in the Spring of the Year at Onontago, it was there
resolv'd to send a Deputation to this City, to consist of a few of the
Chiefs of every Nation, and particular Time and Place of Rendez-
vous was agreed on, in Consequence whereof the Deputies of the
Senecas came there at the time appointed & staid a whole Month,
but the other Deputies not coming, & they hearing no tidings about
them, concluded they were prevented by some unforeseen Accident,
&, therefore, being so far on their Journey, they determined to pay
a visit to their Brethren of this Province, & so came here the be-
ginning of the last Month. I refer you to the Minutes of Council,
which will be herewith deliver'd to You, for their Business. As
the Province had been put to some Expence by them, they were
told on their Departure if they met the other Deputies to inform
them what they had done here & perswade them to return, & it
seems they did meet them, but whether they deliver'd this Message

396 MINUTES OF THE

or no I have no account ; if they did it had no Effect, for they are
now on the Road & expected here every Day. You will, therefore,
be pleased to take the necessary Care for their Reception.

Mr. Weiser having defrayed the Expences of the Last Indians
in their Journey to and from this City, I advanc'd him the Sum of
Sixty Pounds on his going away. He must by this time have laid
out a considerable Sum more, which you will be pleased to order
Payment of; And tho' from your long knowledge of his Merit, it
might be unnecessary in me to say any Jhing in his favour, yet as
the Last Sett of Indians did Damage to his Plantation, & he had
abundance of trouble with them'fc is likely to meet with much more
on this occasion, I cannot excuse myself from most heartily recom-
mending it to You to make him an handsome Reward for his Ser-
vices.

"JAMES HAMILTON."

At a Council held at Philadelphia, Friday, 11th Aug?t' 1749.

present :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, ")

Abraham Taylor, Robert Strettell, >■ Esqrs.

William Logan, Richard Peters, j

The Minutes of the preceding Council were read & approv'd.

The Governor having in several Conferences with the Attorney
General extracted out of the Poor Act such Parts as were thought
valuable by the Council when it was before them in the January
Session, & settled the Amendments to it, they were read and ap-
prov'd & sent to the House with the following Message :
" Gentlemen :

" According to your Request last Session, I send you the Bill for
amending the Laws relating to the Poor, with Amendments. I
hope it will appear to you on Consideration that the Matters I have
thought proper to be omitted are amply provided for by the Laws
now subsisting, and that call the new Provisions tending to the Utility
of the Inhabitants of this City & Province are retained, as nothing
can afford me greater pleasure than Unanimity in the two parts of
the Legislature.

"JAMES HAMILTON.

" August 10th, 1749."

Then the Governor laid before the Board a short Message relating
to the Paper Money Bill, which was read & order'd to be deliver' d
to the House along with the Poor Bill :

PROVINCIAL COUNCIL. 397

a Gentlemen :

" As we have certain Information that a Bill was brought into
the Parliament of Great Britain at their last Session for restraining
His Majesty's Colonies in America from issuing Paper Bills of Credit
to pass in lieu of Money, and as we are hitherto uncertain what
may have been the fate of that Bill, I am of opinion it may be
highly imprudent & attended with very bad Consequences to the
Province should we take upon us to pass a Law for increasing the
quantity of our Currency u^til such time as we are better acquainted
with the Sentiments of our Superiors upon a subject they have had
so lately under Consideration.

"JAMES HAMILTON.

" August 10th, 1749."

The Governor having received Information from Mr. Weiser that
the other Deputies of the Six Nations were on the road, making in
all Indians, & that it wou'd not be in the Power of the Inter-
preter to stop their Journey here, thought it proper to issue the fol-
lowing Proclamation, forbidding all Persons to sell Bum to the
Indians, which was read and approv'd.

"By the Honourable JAMES HAMILTON, Esqr., Lieutenant
Governor & Commander-in-Chief of the Province of Pennsyl-
vania & Counties of New Castle, Kent, and Sussex, on Dela-
ware.

" A PROCLAMATION.
" Whereas, upon the Settlement of this Province it was early dis-
cover'd, and constant experience since shews, that the Selling or
giving Strong Liquors to the Indians is attended with great Mis-
chiefs & Inconveniences by reason of its pernicious Effects in
prompting them, when under the influence of it, to commit many
Outrages & Irregularities, and notwithstanding the wise & good
Laws provided against it, we still find upon every Indian Treaty or
other Occasion of Large Companys of Indians coming to Philadel-
phia, that many Persons there do presume, in contempt of such
Laws, to sell or indiscreetly give Rum or other strong Liquors to
the Indians, to the great *Danger, Disturbance, & Offence of the
Inhabitants. Wherefore, for the preventing these Mischiefs &
Disorders I have thought fit, with the advice of the Council, to
issue this Proclamation, hereby in His Majesty's Name strictly for-
bidding all Persons (those only excepted to whom the Care of the
Indians at their Treaties with us is committed) upon any pretence
whatsoever to sell or give any Rum or other Spirituous or Strong
Liquors to the Indians, on pain of being prosecuted with the utmost
rigour of the Law. And I do hereby earnestly recommend it to all
& every the Justices of the Peace within the said Province, & es-
pecially those within the City of Philadelphia, that they take all

398 MINUTES OF THE

proper measures to detect & bring to condign Punishment all
Offenders herein, & give all due encouragement to Persons to dis-
cover & give Information against such Offenders, & to take Care
that the Moiety of the Penalty of Twenty Pounds forfeiture by the
said Laws for each Offence be recover'd & paid to such Informers;
& in case of the inability of the Offenders to pay the same upon
their Conviction, that then the Justices do give the Informer or
Prosecutor a Certificate or Order upon the Provincial Treasurer for
the five Pounds, which upon sight of such Certificate he is by the
said Laws required to pay. And hereof all Persons concern' d are
to take Notice & not to fail in their obedience, as they will answer
the contrary at their Peril.

" Given under my Hand & the Great Seal of the Province of Penn-
sylvania at Philadelphia, this Eleventh Day of August, in the
Twenty-third Year of the Reign of our Sovereign Lord, G-eorge
the Second, King of Great Britain, France, & Ireland, &ca-' & in
the Year of our Lord one thousand seven hundred & forty-nine.

" JAMES HAMILTON.
"By His Honour's Command.
"Richard Peters, Secretary.
" GOD SAVE THE KING."

At a Council held at Philadelphia, Wednesday, 16th Augst> 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, ~)

Benjamin Shoemaker, Robert Strettell, V Esqrs.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approv'd,
& then the Governor order'd the Secretary to read a Bill delivered
to him yesterday for his Concurrence by two Members, Entitled
" An Act for erecting part of the Province of Pennsylvania, West-
ward of Sasquehanna & South Eastward of the South Mountain, into
a County," which was approv'd, & return'd to the House with one or
two amendments to some of the immaterial parts of the Bill.

" On Information recciv'd from Mr. Weiser that the Deputies of
the other Indian Nations who shou'd have join'd the Senekas' De-
puties were at Samokin in their way to this City, the Governor sent
express directions to him to try all Methods possible to divert them
from proceeding on their Journey, and Mr. Weiser accordingly did,
but it was so much resented by them that he was oblig'd to drop it,
& there were now arrived in Town not only these Deputies but the

PKOVINCIAL COUNCIL. 399

Seneka Deputies, & with them Mohickona, Tutelas, Delawares, &
Nantycokes, amounting in number to Two hundred & eighty. The
Grovernor paid them a ceremonious Visit as usual, & having appointed
this Day to hear what they had to say, the Council was call'd for
this purpose.

The Indians not being in their usual place of Audience the Grov-
ernor order'd the Interpreter to tell them to take their Places, where-
upon Canassatego came forward & informed His Honour that they
were not ready, but desir'd time till the Afternoon, & that if they
might be indulg'd this favour, they wou'd then deliver what they
had to say to the Government; whereupon the Council was adjourned
to the Afternoon, and then Canassatego spoke as follows :

" Brethren the Grovernor & Council <fe all the People of Penn-
sylvania :

"You are sensible that by Treaties there is a firm & good Road
established between us and you, but as there has been a long War
this has given us so much Employ that we have not during all the
time of War used the Road; now, therefore, as the War is finished
we thought we wou'd once more see the Road & come & pay you a
Visit/'

A String of Wampum.
"Brethren:

"It is our Custom after a long absence to brighten the Chain of
Friendship that the better Regard may be had to what we have to
say, & it is the more necessary now as we have something to com-
municate of a disagreeable Nature, that you may not think it pro-
ceeds from any previous 111 Will. We, therefore, give you this
Belt to brighten the Chain, assuring you therewith that we have a
very hearty Friendship for you, and desire you may have the like
for Us."

A Belt of 8 Rows.
" Brethren :

" Since our last renewal of the Treaties of Friendship there has
been a War, in which a variety of Accidents have fallen out, in
what light the Conduct of each may have been represented to the
other, & what construction may have been put thereon we cannot
tell, & therefore, on our parts, we think it right to declare, that
notwithstanding all that has happen' d, we are not chang'd in our
Regards for you but continue to be the same still to the People of
this Province as ever. In confirmation whereof we give you this

" Belt of Wampum.
" Brethren :

"You know that by one of the Articles of the Treaties subsist-
ing between us we engage to see and hear from one another, this
we have done for you during all the War. You are sensible that

400 MINUTES OF THE

wc arc a frontier Country between your Enemy & You, so that we
have been your Guard, & things have been manag'd so well as to
keep the War from your Doors, and tho' we have been expos'd to
many Calamities & Blood has been shed among us, yet we did not
trouble you with any account of our hardship during all this War,
nor has any thing that has happened lessen'd our Affection for you,
which we assure you of by this Belt, & desire the same return of
Affection from You."

A Belt.
" Brethren :

" Now that we have brightened the Chain & informed you that
our Regards have not been alienated from you, but have remained
firm amidst the various occurrences of War, that we have now
leisure & are poor, we by this Belt desire to make our coming agre-
ablc to you, having no other Business with you than to pay you a
Brotherly Visit."

A Belt,
" Brethren :

" We now speak only to the Governor & Council. By Treaties
all white People were to have been hinder'd from settling the Lands
not purchased of Us, or if they shou'd make any settlements, as
they might at such a distance from you without your knowing of
it, you engag'd to remove them when discovered. Notwithstanding
your Engagements many People have settled on the East side of
Sasquehanna, & though you may have done your Endeavours to
remove them, yet we see these have been without .Effect, & that
white People are no more obedient to you than our young Indians
are to us ; & since it may now be attended with a great deal of trou-
ble, we have taken this thing into consideration, having while we
were on our Journey observ'd your People's Settlements, and are
willing to give up the Land on the I&ist side of Sasquehanna from
the Blue Hills or Chambers' Mill to where Thomas M'Gee the
Indian Trader lives, & leave it to you to assign the worth of them."

A Belt of 12 Bows.
" Brethren the Governor & Council:

" We still speak only to the Governor & Council. Some of our
Company that have been here a while ago hearing that numbers
were Settling k design'd to Settle the Lands on the Branches of
Juniata, made Complaint to you, and as we came along we saw
Papers which were Interpreted to us to be Orders for these People
to remove, in consequence of the Complaints made on our behalf
by the Deputies of the Seneca Nation. Wc thank you for taking
Notice of the Complaint and taking measures to turn them off; but
we are apprehensive that no better Effects will follow these than
former Oues of the same nature — if not we must insist on it that
as this is on the hunting Ground of our Cousins the Nanticokes,

PROVINCIAL COUNCIL. 401

& other Indians Living on the Waters of Juniata, you use more
vigorous measures &, forcibly remove. We must not be depriv'd
of our hunting Country, & indeed it will be an hurt to You, for all
we kill goes to You, and you have the profit of all the Skins. We,
therefore, repeat our earnest entreaties that they may all be immedi-
ately made to go away with their Effects, that this Country may be
entirely Left vacant."

A String.
u Brethren the Governor & Council :

" We have offer'd to assign over to You the Lands on the East
side of Sasquehanna, from the Blue Hills to Thomas McGee's House,
& have left it to You to affix the Price. In doing so we have an
entire Confidence in the honour of the Governor & Council. Peo-
ple tell us that the Proprietors receive immense Sums for the Lands
we have sold to them, & that Lands are now worth a great deal of
Money; you know this better than us, & we trust you will have a
regard to this when you fix the price to be paid for them ; It may
be all in Money or Goods, as you please to order it. That you may
do for us in the best manner you can, we give you this

" Belt.
a Brethren the Governor & Council :

" We shou'd have mentioned at first what we are now going to say,
but as it is of a disagreeable nature, we choose first to brighten the
Chain, & to declare our Regards for you previously to it. As we
came along we found Blood in the way & Blood spill'd within your
own Doors ; We enquir'd who did it & were told so many odd and dif-
ferent Stories that the People who gave the Accounts seem'd to us
Like Drunken Men, & we could not tell what to believe. Indians,
it is true, are apt sometimes to speak untruths, but white People do
so too, & can utter falsehood full as readily as Indians. There are
many bad People among you who are not worthy of fredit. The
Governor & Council are wise and understanding Men, & can dis-
tinguish who tells truth & who does not, & as we will not take up-
on us to say how our Warrior was killed (here the Interpreter said
the Person was Nephew of the Speaker Canassatego) so many dif-
ferent Accounts are related of it we desire the Governor will take
pains to examine minutely in the truth, not to be too credulous
of what every white Man will say, but to find out the whole truth &

how this came to his Death, & whoever the Governor shall

say committed this murder, whether Indians or white People, we
shall say so too, & acquiesce in his determination & to induce you
to examine carefully & to judge impartially without favour or affec-
tion to your own People we give you this

" String.

" Brethren the Governor & Council :

" We now sp?ak in behalf of our Couzins the Nantycokes. You
vol. v. — 26.

402 MINUTES OF THE

know that on some differences between the People of Maryland &
them we sent for them & placed them at the Mouth of Juniata,,
where they no live ; they came to Us while on our Journey & told
us that there were three Settlements of their Tribe Left behind
in Maryland who wanted to come away, but the Marylanders kept
them in fence & would not let them ; we desire, therefore (being urg'd
thereto by our.Couzins the Nantycokes), that you wou'd write to the
Govr- of Maryland & use your utmost Interest that the fence in
which they are confin'd may be taken away, & that their demands
on the Maryland Government may be satisfied & that they may be
allowed to come & settle where the other Nantycokes are & Live
with them amongst us. We have further to tell you that the Peo-
ple of Maryland do not treat the Indians as you & others do, for
they make Slaves of them & sell their Children for Money, & this
makes us more importunate with you to get the rest of our Couzins
from among them, and to urge this we give you

" A Belt of 7 Rows.
" Brethren :

u This kindness has been always shewn us that when we came to
see you our Guns & Hatchets and other things of this kind have
been mended for us, we request by this String you will continue
this favour to us & give the like Orders now as you have been us'd
to do."

A String.

" Brethren the Governor & Council : ,

u We return two Belts & a String of Wampum which were senfc
to Us by Govr> Thomas. At the Instance of the Governor of Vir-
ginia who sent him the Belts, he became a Mediator to procure a
Peace between the Catawbas and us, & that if we were willing to
treat with them, some place in Virginia might be appointed for
both sides to come to, and dispatch'd Conrad Weiser with a Mes-
sage to Us on that head ; and out of Regard for the Governor of
Pennsylvania we promised to call our Warriors together & to lay
the proposal before them, but then told him that if they were will-
ing to accommodate matters, we shou'd rather chuse to come to
Philadelphia than Virginia, but the War broke out soon after & we
have never been able to get them together till lately & now we
say we neither offer nor reject Peace, nor do we think that the Ca-
tawbas whom we know to be a false People dealt sincerely with the
Governor of Virginia when they made him believe that they desir'd
Peace. This is our answer, but we request that you wou'd write
to the Governor of Virginia that he wou'd find out what are the
true Sentiments of the Catawbas, but let him be on his Guard for
they will deceive him, & when he has reason to think that he knows
their Hearts that he wou'd inform us of the truth by you. We
do not lay any stress on this Matter, but if you will take this trouble

PROVINCIAL COUNCIL. 403

on you we shou'd be glad to know the present disposition of the
Catawbas."

The Indians having declar'd that they had nothing further to
communicate, they withdrew, & the Secretary was order' d to pre-
pare a fair Copy of these Minutes & to Lay it before the Assembly
to-morrow with the following Message :

" Mr. Speaker — ■

" The Governor for expediting Business sends to the House the
Minutes of Council containing the Speech made yesterday by the
Indians; and as they have been faithful to Us during the War,
recommends it to the House to take into Consideration the making
them a Present at this time."

At a Council held at Philadelphia 19th Aug5'-- 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, "J

Benjamin Shoemaker, Robert Strettell, tEsqrs.

William Logan Richard Peters, J

The Minutes of the preceding Council were read & approv'd.

The Governor inform' d the Board that he had receiv'd from the
House by two of their Members a Bill Entitled "An Act for
imposing a Duty on Persons convicted of heinous Crimes, & to pre-
vent Poor & Impotent Persons being imported into this Province,"
& that having compar'd it with former Acts of the same kind &
found it exactly agreeable to them, he had return'd it with a Mess-
age that it shou'd be pass'd when presented to him for that purpose.
And that the two Members acquainted him that the House had
agreed to the Amendments propos'd to the Bill for erecting a new
County j and that as to the Bill relating to the Poor, though the
House wou'd have been better satisfied to have had it pass'd entire,
yet as several things still remain'd in the Bill that might be ser-
viceable to the Publick, they had agreed to the Amendments pro-
pos'd & had order'd it to be engross'd.

The Governor further inform'd the Board that two Members of
Assembly had deliver'd to him some Resolutions of the House on
the Message to them, with a Copy of the Indian's Speech, which
are as follow :

" Resolv'd,

" That besides the Sum of One hundred Pounds lately given to
the Indians, * a Sum not exceeding Five hundred Pounds be now
presented to them/

404 MINUTES OF THE

" Resolv'd,

" That the Governor be acquainted with the Sentiments of the
House, & the hope they entertain that in Consideration thereof the
Proprietaries' Agents are impowered & will accordingly make an
additional Present to the Indians, as well as contribute to the Ex-
pence arising on this Visit." ,

And after the Governor had read them, They said they were
order'd by the House to acquaint the Governor that as great
Injuries were done by the Indians to several Persons as they came
down, the House requested he wou'd take proper Notice of them in
his Speech to the Indians, in order to prevent the like Outrages
for the future; and that he had made them this answer, viz., that
he wou'd strongly represent to the Indians the Injuries done by
some of them to the Inhabitants, and would Likewise consider the
other part of the Message relating to an Addition to the Present.

His Honour further inform'd the Board that two Members of
Assembly had waited on him, acquainting him that the Bills which
had pass'd the House with his concurrence were engross'd in the
manner agreed on, and desir'd to know when the Governor wou'd
be pleas'd to receive the House in order to the enacting those Bills
into Laws; and further, that they desir'd the Governor would
appoint two Members of Council to join a like number of the
House, in order to compare them ; whereupon he had order'd the
House to attend him at 12 o'Clock this morning, Mr. Peters & Mr.
Strettell having compar'd the engross'd Bills with the Originals.

A Message was sent to the House that the Governor was ready
to receive them in the Council Chamber, & they coming accordingly,
the Speaker presented to His Honour the two following Acts, En-
titled " An Act for Erecting part of the Province of Pennsylvania
Westward of Sasquehannah & South Eastward of the South Moun-
tain into a County," And "a Supplement to the Act intitled 'An
Act for imposing a Duty on Persons convicted of heinous Crimes,
& to prevent poor and impotent Persons being imported into this
Province,' " and " An Act for amending the Laws relating to the
Poor," which were pass'd into Laws j and then the Speaker pre-
sented to the Governor an Order of the House for Six Hundred
Pounds, the Remainder of his Support, for which he was pleased to
thank the House, & say he hoped the good Agreement which had
subsisted between the several Parts of the Legislature hitherto waa
a good presage of its continuance during his Administration,

PROVINCIAL COUNCIL. 405

At a Council held at Philadelphia, Monday, 21st of August, 1749.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, *\

Abraham Taylor, Robert Strettell, I y

Benjamin Shoemaker, Joseph Turner, [

William Logan, Richard Peters, J

The Minutes of the preceding Council were read & approved .

The Indians being seated the Governor spoke to them as follows :
"Brethren of the Six United Nations —

"Be pleas' d to Attend. I am now going to return a distinct an-
swer to what you said. to us on Wednesday.
" Brethren :

" So true a Regard has been paid both by you and Us to the en-
gagements enter' d into by mutual Treaties that the Road between
us has ever been open & pleasant to travel in. Even in the time of
War had you tried it you wou'd have found nothing to obstruct the
Passage, & now the War is over & you are come to see us you will
find a kind & affectionate Reception. In testimony whereof we pre-
sent you with this

" String.
" Brethren :

" We approve the Custom you mention of brightening the Chain
after a long absence ; it is a strong Evidence of the Wibdom of the
old Men who lived before you, and we heartily do the same on our
part, desiring that as we have also some disagreable things to say
to you, you may do us like Justice in imputing what we say of this
nature to its true Cause, that is a sincere regard to remove every
thing that may obstruct the good understanding hitherto preserv'd
between us; by this Belt we join with you in brightening the
Chain."

A Belt of 8 Rows.
" Brethren :

" We thank you for your firm adherence to the Interest of His
Majesty during the War, & for the particular declaration of regard
you have express' d for the People of this Province. Your Neutra-
lity was undoubtedly of great Service to the common Cause and de-
serves our acknowledgements, which we gratefully make you.

" You cannot think but we have had full Accounts of your Affairs
from time to time, & had there been any reason to believe that the
Governors of New York & New England, to whom the King com-
mitted the management of the War, had not taken you into their

406 MINUTES OF THE

protection and made sufficient Provision for your subsistence &
safety, we shou'd have done you all the good Offices in our Power;
but as this was not the Case, on Information given us that the In-
dians to the Westward of us were starving for want of Necessaries,
we sent Mr. Weiser to them with a seasonable & expensive Pre-
sent. We only tell you this that you may see we have not been
unmindful of our Brethren ; this double Belt expresses our thanks
for your Concern for and attachment to us during the War.'*

A Double Belt.
" Brethren :

"The last thing addressed to the Governor & Council & People
of the Province in the order you spoke is, that having assur'd us
of the continuance of your Amity, you had at your setting out no
particular Business with us, but were prompted by your Brotherly
Inclinations to make us a Visit.

" As the War is now at an end & the Roads opened so that they
may be safely travelled, you did well to come & see us ; we take
your visit kindly, & shall give you a substantial proof of your being
welcome to the People of this Province by the Present which they
have provided for you, the Particulars whereof will be read by the
Secretary & the Goods deliver' d you by the Interpreter."

10 Pieces of Strowds, 6 Groce of Awl Blades,

10 Pieces of Striped Duffills, 12 Groce of Gartering,
10 Pieces of Half Thicks, 15 pieces of Ribbon,

10 Half Barrels of Gun-powder, 3 Pieces of Bed Lace,

10 cwt. of Barr Lead, 5 doz. of Scizzars,

3 cwt. of Small Shott, 3 GrOce of Ear-Rings,

20 lb. of Vermillion, 5 Groce of Stone Kings & 5 Groce

140 Plain Shirts, of Plain Rings,

50 Ruffled Do., 5 Pack of Morris' Bells,

15Guns,viz.;10@42,6&6@45,4 Groce of Brass Thimbles,

20 Brass Kettles, 5 lb. of small white Beads,

3 doz. of Hatchetts, 1 Groce & an half of small Brass

20 doz. of Knives, viz., 14 @ 8 6, Jews Harps,

& 6 @ 9, 1 Piece of Handkerchief,

5 M. Flints, Tobacco & Pipes.

5 doz. of Looking Glasses,
u Brethren :

u Having fully answer'd every part of your Speech which had a
Relation to the Publick, I shall now proceed in the same manner
to answer what was address' d to me & the Council :

11 Brethren —

" We have taken into Consideration your offer of the Sale of
some Lands lying on the East side of Sasquehanna, & tho' we have
no directions from the Proprietaries; who are now in England, to

PROVINCIAL COUNCIL. 407

treat with you for Lands, yet as we judg'd it for their benefit & for
the Publick Good not to reject- the offer you have thought proper to
make, we sent you word by the Interpreter that we would treat
with you about a new Purchase, but at the same time we gave you
to understand that we could by no means accede to your proposal
in the manner you had limited it, viz., to take Land lying on the
East side of the Sasquehanna, as far as Thomas McKee's, because
you must be sensible that as the head of the River Schuylkill lies
not far from the Sasquehanna, & not far from the head of Schuyl-
kill there runs one of the main branches of the River Delaware, &
that the Delaware Indians, in their last Treaty, had granted the
Lands from this Branch to very near the Lechawachsein on Del-
aware. I say, considering all these things, which were explain'd to
you on a Draught, by which it appears that all you offer is moun-
tanious, broken & poor Land, you must know that this is not worth
our acceptance, but we added that if you wou'd extend your offer
to go more Northerly on Sasquehanna as far as Shamoken, & that
the Tract might carry its breadth to Delaware River, so as that we
cou'd in any manner justify ourselves to the Proprietors, we wou'd
close and give you a just Consideration for the Lands. On this you
held a Council & made us a second offer that you would sign a Deed
to the Proprietors for all that Tract of Land that lies within the
following bounds, viz. : Beginning at the Kittochhinny Hills, where
your last Purchase ends, on Sasquehanna, from thence by the
Courses of the River Sasquehanna to the first Mountain North of
the Creek, called in the Onondaga Language Cantawghy, & in the
Delaware Language Makooniahy, on the said River Sasquehanna, this
is the Western boundary ; then for the North boundary by a straight
Line to be run from that Mountain to the Main Branch of Delaware
River, at the North side of the Mouth of Lechawachsein, so as to
take in the Waters of Lechawachsein ; The East Boundary to be
the River Delaware from the North of the Viskil to the Kittoch-
tinny Hills; the South boundary to be that Range of the Kittoch-
tinny Hills to the Place of Beginning, together with the Islands in
the River Sasquehanna & Delaware in that Compass. Having re-
ceived this second Offer, tho' neither in this is there any consider-
able quantity of good Land, yet in regard to your Poverty more
than to the real value of the Tract we sent you word that on your
Signing a Deed we wou'd pay you the Sum of Five Hundred Pounds.

<l Brethren :

" We hope better things of our People than that they shou'd dis-
obey our Proclamation, as they know the Laws, & that the Penal-
ties incur'd by breach of them cannot consistently with the Publick
Safety be remitted. We shall not find it difficult effectually to re-
move all these Intruders, If some of your Indians do not give them
Countenance. It is not above four or five Years ago that they were
all remov'd from Juniata, nor would any since that have presum'd

408 MINUTES OF THE

to go there if they had not been favour' d by some of your People,
The Interpreter can tell you what happen'd but one Year ago, viz.,
that some Indians objected to his turning off the white People set-
tled on the Path leading to Allegheny, & he was oblig'd to desist.
We must, therefore, tell you plainly that such Lycences must not
be given, & that if we turn the People off you must not defend
them nor invite them there again, this is a breach of your Duty,
therefore do so no more; and on our part we assure that as we have
required obedience by our Proclamation we will at the time Limitted
therein exact it punctually, & make no doubt but when these People
see the Government is determin'd to use force they will quietly
leave their Settlements, especially as they may be provided with
Land on the East side of Sasquehanna within the new Purchase.
In confirmation hereof we give you this String.

i: Brethren :

"We condole with Canassatego & You on the Murder of his Re-
lation, & are sorry that it happen'd within our Doors. As soon as
we heard of it (which we did by one of our Messengers who hap-
pen'd to be at Mr. George Croghan's on our Business at the very
time the Warrior was kill'd, & saw the Dead body) we order'd a full
& impartial Enquiry to be made how he came by his Death, and it
is return'd unto us by the Coroner's Inquest taken on oath that he
was kill'd by the Shotts of a Gun; but who kill'd him they do not
expressly say, tho' all believed, by the Evidence given, that he was
kill'd by his Comrades, the Body lying in the place where they had
prepar'd their Night Quarters, & the Blood lying all on the Ground
under the Body, so that he cou'd not have gone a step after he re-
ceiv'd the wound, which is further proved by the mark of the Bul-
let now to be seen in a tree just by the Place; And some of your
own Indians living at Ohio who by accident were present expressly
declar'd that he must have been shot at that very place among the
Indians themselves, tho' the Companions of this unfortunate War-
rior said that some White People had kill'd him, & that he came
to them & told them so, which you easily perceive must be
false, if the above Account be true. Mr. Croghan, the Magistrate
before whom the Matter was Laid, wou'd have examined these In-
dians but they would not submit to it, & one of them in particular
run away. The white people at whose House the Indians got Liquors
are all Bound over to Court, & if it shall turn out that they or any
others were concern'd in the Murder of this Warrior, they shall be
brought to Publick Tryal in the same manner as if they had kill'd
a white Man, & Notice shall be given you that the Friends of the
deceas'd may be present at the Tryal if they please. In the mean
time take these Handkerchiefs & give some to the relations of the
deceas'd, & wipe off all Tears from their Eyes. We shall keep your
String in case of any fresh Discovery. "

Handkerchiefs.

PROVINCIAL COUNCIL. 409

" Brethren :

"We return the Belt by which you requested we wou'd become
Sollicitors to the Governor of Maryland for the Nantycokes, being
perfectly satisfied that these Indians have misrepresented the Gov-
ernor of Maryland & their Concerns with him. We shall, however,
write to the Governor of Maryland as you desire, but you may de-
pend upon it, from what is well known here, that it will turn out
quite contrary to what you expect. Tho' we return the Belt we
shall do the Service desir'd.

" Brethren :

" The late Governor was indue' d by a Regard for the general In-
terest of the Indian Nations to accept the Mediation between the
Catawbas &'the Six Nations, & we were in hopes it wou'd have had
a good Effect; but as we observe a great shyness on both sides, we
will say no more than that such a Letter shall be sent to the Gov-
ernor of Virginia as is desir'd, & his answer shall be transmitted
when it comes to my Hands ; for this purpose we keep the String
you gave us.

" Brethren :

" Having finish' d our answer, we are under a Necessity to say
something that may be clisagreable to You; but you must take it
in good part, agreable to what I said before.

u An Indian this last Summer came in a rude manner to a sub-
stantial Housekeeper of Lancaster County, one Adam Furney, and
demanded Rum of him ; he gave him some, but because he refus'd
to give him more, he withdrew a small space & having his Gun in
his Hand ready loaded he shot him in the Breast, & he lay a con-
siderable time ill of his Wounds, being expected to dye every Day.
On this the Indian was apprehended & committed to Jayl, but the
Man recovered, contrary to all expectation, & the Indian was the
other Day released.

" Several bad Skirmishes do frequently happen, occasion'd by the
rude behaviour of Indians, but none more nor of a worse nature
than those which arise from mischiefs done by your People to Farm-
ers & their Cattle in their Journeys to & from this City; this is
the more provoking as You cannot but be sensible of the kind re-
ception You always meet with from us. The Assembly, who are
troubled with Petitions from the People injured, & from a Prin-
ciple of Justice & Compassion make good the Damages, have
recommended it to me to remonstrate against this usage in the
warmest manner, & particularly against the behaviour of your
young People in their coming here this Summer, & to insist that
there be no more such doings. Take this String then & Chastise
your unruly Indians, and admonish them to behave better for the
future, or they will certainly draw on them the resentment of the

410 MINUTES OF THE

Country People, who will not be restrain'd from taking vengeance
for such unfounded & mischievous treatment."
A String.

Several conferences were held with the Chiefs of the Indians
concerning the new Purchase of Lands, & at length the limits were
unanimously agreed to & the Consideration Money paid, whereupon
the Indians executed a Deed to the Proprietaries, which was order'd
to be put upon Record.

At a Council held at Philadelphia, 11th September, 1749.

PRESENT I

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Abraham Taylor, Robert Strettell, 1 -™

William Logan, Richard Peters, j ^

The Minutes of the preceding Council were read & approv'd.

The Governor having order'd Doctor Grcenie & Doctor Thomas
Bond to visit the Ship Francis & Elizabeth, arriv'd in the Cove
below the City with Palatines on board from Rotterdam, & they
having reported that she was an unhealthy Vessel, several, of the
Passengers labouring under an eruptive fever which they were of
opinion was infectious, he had order'd the Trustees of the Province
Island to attend the Council to be inform'd of the Condition of the
Pest House & what conveniences there were or might soon be made
for the reception & care of the Sick \ & the Trustees accordingly
attending, together with the Doctors, it appear'd on examination
that the Place was in great Disorder, & that for want of room,
Household Furniture, & suitable Apartments, the Sick cou'd be
but indifferently taken care of, yet there being a necessity of im-
mediately landing the infected the Trustees promis'd to put the
Rooms into the best order they cou'd & to build some slight out
Houses that might serve the present Occasion ; whereupon the
Captain of the Ship Francis & Elizabeth was serv'd with an order
from the Governor to remove his Vessel to the Mouth of Schuyl-
kill, as near to the Pest House as he cou'd conveniently lye, to
send there all the Sick & to keep the well on board, and not to
suffer any Persons to go near them except the Doctors, Necessary
Nurses, & Servants.

8th October, 1749.
MEMORANDUM.

The Returns of the several Sheriffs & Coroners for the Province
& Counties having been deliver'd to the Governor, a Council was

PROVINCIAL COUNCIL. 411

call'd to consider to whom Commissions shou'd be granted, but no
Members appearing, the Governor Commissionated the following
Persons, viz. :

Richard Sewell I, Sheriff, j philad,. Count

George Heap, Coroner, j J

John Hart, Sheriff, ) -n i n i

tp-mt a -.i o Y Bucks County.

William Smith, Coroner, j J

Hance Hamilton, Sheriff, ? y i n +
Nicholas Ryland, Coroner, 5

Thomas Parke, Sheriff, 1 K t C t

William Blakiston, Coroner, j *"

John Owen, Sheriff, ) ni , n .
T T X. ' y Chester County.

Isaac Lee, Coroner, j J

Andrew Worrick, Sheriff, ) j r> p .
Robert Stewart, Coroner, j ' v-

John Vandyke, Sheriff, j New Cagtle Cq
Samuel Silsby, Coroner, J
Peter Clowes, Sheriff, ) G n ,

William Shankland, Coro'- j Sussex Gonn^

At a Council held at Philadelphia, Monday the 16th October,
1749.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Joseph Turner, William Logan, > E ires

Richard Peters, j A

The Minutes of the preceding Council were read and approv'd.

The Governor informed the Board that he had received a Message
from the House by Five Members, that a Quorum of the Represen-
tatives was met and had proceeded to chuse their Speaker, and de-
sired to know when they might present him, and that he had ap-
pointed them to wait on him to-day at eleven o'Clock in the Couucil
Chamber. The Time of appointment being elapsed, his Honour
sent a verbal Message by the Secretary to inform the house that he
was ready to receive them ; whereupon the House came and pre-
sented John Kinsey, Esquire, as their Speaker, who was approved,
and having prayed the usual Priviliges and received a favourable
Answer, the House withdrew.

Then the Governor order'd the following Letter from the Duke
of Bedford to be read and enter'd, and having prepared a Message
to the Assembly on the Contents thereof, and on the late Indian

412 MINUTES OF THE

Treaty which was not finish'd during the Sitting of the last As-
sembly, the same was read and approv'd.

" To JAMES HAMILTON, Esquire, Deputy Governor of his
Magistie's Province of Pennsylvania in America, and in his
Absence to the Oommander-in- Chief of the said Province for
the time being.

"Sir:

" Upon the thirtieth of May last the House of Commons pre-
sented an humble Address to the King, desiring that His Majesty
would be graciously pleased to give Directions that there be laid
before that House, in the next Session of Parliament, an Account
of the Tenor and Amount of all the Bills of Credit which have
been created and issued in the several British Colonies and Plan-
tations in America, as well those under Proprietors and Charters
as under his Majesty's immediate Commission and Government,
that shall be then outstanding, distinguishing the Amount of the
same in each Colony or Plantations, and the respective Times when
such Bills so outstanding were issued, with the Amount of the said
Bills in Money of Great Britain, both at the Times when such Bills
were issued and at the Time of preparing the said Account, and also
the Times fixed for the calling in, sinking, and discharging such
Bills, and the Funds appropriated for that Purpose. And I am
now in Consequence thereof commanded by his Majesty to signify
his Pleasure to you that You should order all such Accounts, so far
as they relate to your Government, to be prepared and transmitted
forthwith to me, that I may lay the same before his Majesty and
receive his farther Pleasure thereupon with Regard to their being
laid before the Parliament.

" I am, Sir, your most obedient humble Servant,

"BEDFORD.

Whitehall, July 19th, 1749."

A Message from the Governor to the Assembly, viz. :
u Gentlemen :

" By the Letter herewith delivered you, which I have lately had
the Honour to receive from His Grace the Duke of Bedford, One
of his Majestie's Principal Secretaries of State, you will perceive
that the Paper Money of the several Plantations in America is again
like to come under the Consideration of the Parliament at their
next Sessions, which will probably be in the Month of December
or January; And as 1 esteem it a Principal Part of my Duty to
have a watchful Cure for the true Interest of the People under my
Government, I have made Use of the earliest Opportunity to com-
municate to you, their Representatives, His Majesty's Orders tome
upon that Head, thereby putting it in your Power to obviate any
Prejudice, or mistaken Notions that may have been conceived with

PROVINCIAL COUNCIL. 413

Regard to the Currency of this Province before they can be carried
into Execution.

" I take it for granted we are all sensible of the mischievous Ten-
dency of the Bill that was brought into Parliament the last Year to
regulate and restrain Paper Bills of Credit in the Plantations; and
as it is not improbable that something of the same Kind maybe
again offered in the ensuing Session, I perswade myself you will
think it convenient to give your Agent full Instructions upon this
Subject in case it should become necessary for him to oppose it.
The honourable Proprietaries at that time labour' d indefatigably
and with Success to avert the Mischiefs that threatened this Pro-
vince from the Passing of the said Bill; and I have it in Com-
mand from them to assure you of their Assistance upon all future
Occasions wherein the Welfare and Happiness of the People of this
Province may be concerned.

" Altho' this be not the usual time of your Sitting to do Busi-
ness, yet I hope in Consideration of the Importance of this Matter
you will, before your Adjournment, furnish me with a clear and
exact State of our Paper Currency, to be transmitted forthwith,
pursuant to the Directions contained in the Letter before mentioned.

"The last Assembly having adjourned before I linish'd with the
Indians, I could only acquaint them with a Part of their Business )
what passed afterwards between me and them you will see in the
Minutes of Council, which the Secretary has my Orders to lay be-
fore you.

" The Committee of Assembly appointed to take Care of the
Indians conceiving that they had no authority to make any further
Provision for them than during their stay in the City, the Inter-
preter, at my request, defrayed the Expenses in their Return, which
you will please to order to be repaid to him.

"JAMES HAMILTON.

" October 16th, 1749."

At a Council held at Philadelphia, Thursday the 19 th October,
1749.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Samuel Hassell,"}

Robert Strettell, Joseph Turner, t Esquires.

Richard Peters. J

The Minutes of the preceding Council were read and approved.

The Record of the Conviction and Condemnation of James
Johnson and Thomas Fielding for a Robbery committed on the

414 MINUTES OF THE

Highway in the Northern Liberties, on Thomas Green of this City,
Carpenter, was read, and in regard that the Judges have said noth-
ing in their favour nor any of the Members of Council, and that
this is the first Crime of this Nature perpetrated within the Pro-
vince, it is unanimously agreed that the Sentence be put in Execu-
tion on Saturday at the usual Time; whereupon a Writ was pre-
pared and signed by the Governor.

The Assembly's Answer to the Governor's Message, together
with the State of the Paper Currency were read :

A Message to the Governor from the Assembly.
11 May it please the Governor :

u We gratefully acknowledge ' the watchful Care the Governor
hath been pleased to take for the true Interest of the People under
his Government whom we represent, in having made use of this
early Opportunity to put it in our Power to obviate any Prejudices
or mistaken Notions that may have been conceived with Regard to
the Currency of this Province before they are carried into Execu-
tion/

u Sensible of the mischievous Tendency of the Bill that was
brought into Parliament the last Year to ( regulate and restrain Pa-
per Bills of Credit in the Plantations/ And apprehensive ' that
something of the same kind may again be offered in the ensuing
Session/ we are fully of opinion with the Governor ' to give our
Agent full Instructions on the Subject/ that ' in case it should be-
come necessary he may oppose it/

" We also gratefully acknowledge the Obligations we are under
to our Proprietaries both for the Assistance they have already been
pleased to afford Us in Relation to our Bills of Credit, as also for
such as they promise Us in future.

" Tho' it be not the usual Time of our sitting to do business, yet
the Importance of the Matter recommended to Us is such that
pursuant to the Governor's Recommendation we have thought it
necessary ' to furnish the Governor with a clear and exact State of
our Paper Currency, to be transmitted forthwith/ pursuant to the
Directions He hath received. To this End a Committee were ap-
pointed, whose Report, which hath been approved of by the House,
we send herewith, from whence we think it will evidently appear
that due Care hath been taken to support its Credit, and that the
Sum total in Preportion to our Commerce is very small, And yet
small as it is were We depriv'd of it would have a Tendency to
disable Us from paying the Ballance of Trade against Us to our
Mother Country, and consequently put us under the Necessity of
engaging in divers Manufactures here, which at present We are
supplied with at cheaper Rates from thence.

" We shall take the necessary Care to discharge the Remainder

PROVINCIAL COUNCIL. 415

of the Money due for the Maintenance of the Indians in their re-
turn homewards; we observe their frequent Visits put the Province
to considerable Charge, whereas Part of their Business often is
either for the Sale of Land to the Proprietaries or other Matters
relative thereunto. We therefore hope the Governor will take an op-
portunity of recommending it to the Proprietaries that thev may
bear a Share of the Expence, who receive so great a Part of the
Benefit by the Coming of the Indians.

" Signed by Order of the House.

" JOHN KINSEY, Speaker.
"October 18th, 1749."

The Report of the Committee of Assembly of the Province of the
State of the Paper Currency.

" That in the Year 1739 an Account was settled by the Assem-
bly of all the Bills of Credit issued by several Acts from their first
Emission in the Year 1723 to that time, by which it appears that
the Sum of £80,000 and no more was then current in this Province,
which being reduced to Sterling Money of Great Britain amounted
to £50,196. At which Time, also, the same Assembly upon an exact
and careful Enquiry, settled the Bates of Gold and Silver Coin by
ascertaining the Prices at which they were received and paid, or
bought and sold from the Year 1700 to that Year, Since which our
Bills of Credit have continued nearly the same both in the Total
Sum and the Value when reduced to Gold and Silver or Sterling
Money; But such Alterations and Addition as have been since
made we have comprized in the following Account :

" In the Year 1745, an Act of Assembly was past for continuing
the Currency of the aforesaid £80,000 for sixteen Years; during
the first ten years whereof the whole sum is to be kept up by lend-
ing out or Bo-emitting the yearly Quotas or payments as they
become due upon the same real Securities, and under the same Pen-
alties and Restrictions as directed by former Acts ; In which, besides
obliging the Borrowers to give Land, Plate, or Houses in Security
of double the value' of the sum borrowed j it is further provided
that no one Person shall borrow more than £100. And after the
expiration of ten years as aforesaid, the Act provides, That one-
sixth Part of all the Bills of Credit shall be paid in yearly in order
to be sunk and destroyed, by which means the whole £80,000 is to
be paid in and destroyed in sixteen years from the time of issuing
those Bills, which was the 15th of October, 1746.

" In the Year 1746, an Act was past giving £5,000 to the King's
use, to be sunk in ten yearly Payments of £500 each by the Trea-
surer, out of Money arising from the Excise, yearly payable into his
Hands, Which Bills of Credit were accordingly made and issued in
Pursuance of the said Act, and applied by Colonel Thomas, then

416 MINUTES OF THE

Lieutenant Governor, to an Expedition at that Time on Foot against
Canada, So that the whole amount of Bills of Credit current in the
Province at this Time is £85,000 and no more, which reduced to
Sterling money of Great Britain is £53,333 6 8.

" Permit us to adi, that our Paper Bills being found by Experi-
ence much below the Sum necessary to carry on our Trade, which
of late Years has been very much increased, especially to Great
Britain, and yet should we be deprived of those Paper Bills, small
as the sum is it would in a great Measure disable Us from paying
the yearly Balance of Trade against Us to our Mother Country, and
consequently oblige Us to engage in sundry manufactures here,
which we have from thence. Tho' our Payments at this Time are
chiefly in Gold and Silver, which for several Years have passed cur-
rent among Us at Eight Shillings and Six Pence per Ounce for Sil-
ver and Six Pounds Five Shillings per Ounce for Gold, and at those
Bates are continually remitted home but must be detained here if
we are deprived of our other Currency.

" Submitted to the Correction of the House by

" ISRAEL PEMBERTON,
"THOMAS LEECH,
« EDWARD WARNER,
"JAMES MORRIS.
"18th October 1749."

The Governor was acquainted by the Members wdio delivered the
Assembly's Answer that the House inclin'd to adjourn to the 20th
of November next, to which he agreed.

MEMORANDUM.

The Secretary, by the Governor's Order, made a State of the
Paper Currency agreeable to the above Report ; and the Governor
wrote the following Letter to His Grace the Duke of Bedford :
" May it Please Your Grace:

" In obedience to His Majestie's Commands, signified to me by
your Grace's Letter of the 19th of July last, I have caused to be
prepared by the Secretary of His Majestie's Province of Pennsyl-
vania, and Government of the Counties of Newcastle, Kent, and
Sussex, on Delaware, Accounts of the Tenor and Amount of all
the Bills of Credit which have been emitted and are at this Time
outstanding within the aforesaid Government; and as upon Exami-
nation I believe them to be exact and true, I do myself the Hon-
our to transmit them as such to your Grace ; being with all possi-
ble Regard,

" Your Grace's most obedient and most humble Servant,

JAMES HAMILTON.

" Pennsylvania, 26th October, 1749."

PROVINCIAL COUNCIL. 417

MEMORANDUM.

The Governor sent the like Message to the Assembly at New
Castle, and received from them the following Report, which was
alter'd by the Secretary in the Form tho' not in the Substance j and
the Governor transmitted the Secretaire's State of the Paper Cur-
rency of the Lower Counties at the same time to his Grace the Duke
of Bedford.

Report of the Committee of Assembly of the Lower Counties of the
State of the Paper Currency.

u Pursuant to the Order of the House we have consider'd the
present State of the Bills of Credit now circulating in this Govern-
ment, as also the State of a Paper Currency in general from the
time of its first Emission among us. We have likewise inspected
the several Laws by which the said Bills of Credit have been issued;
and we do report :

" That in the Year of our Lord 1723 there was £5,000 struck to
pass current, according to the Statute made in the Sixth Year of the
late Queen Ann for ascertaining the Rates of Foreign Coins in the
American Plantations, And in 1726 a further Sum was struck of
£6,000, both which Sums have been duly paid in to the Publick
Loan Offices and sunk according to the Directions of the Acts where-
by they were emitted. In the Year 1729 there was an Emission
of £12,000, and in 1734 a farther Emission of £12,000, equal in
Value to the Rates of Foreign Coins as ascertained in the afore-
mentioned Act. And in the Year 1740 One Thousand Pounds
more was emitted and appropriated to His Majestie's Use for victu-
alling and transporting of the Troops raised in this Government to
the West Indies. And in the Year 1746, upon stating the Accounts
of the General Loan Offices, it appeared that £5,000 had been paid
in and sunk according to the Directions of the said Acts; and that
but £20,000 then remained circulating among Us, which Sum and
no more is made current by an Act for Re-Emitting the same and
exchanging such Bills of the former Emissions as are directed to be
sunk and destroyed.

" And the said Act doth farther direct and ordain that from and
after the 28th Day of May, 1747, the said £20,000 shall be the
only Sum in Bills of Credit current in this Government; and that
all Bills of Credit made and emitted by Virtue of any former Act
or Acts of Assembly of this Government from the said 28th Day
of May, shall cease to be current, and from thenceforth become null
and void. And we do farther report :

" That the said £20,000 is but an Equivalent to £12,549 Sterling,
and barely sufficient to carry on our Trade and Commerce.

" We likewise lay before the House that in the issuing of the

Vol. v.— 27.

418 MINUTES OF THE

said Bills the Act directs, That no one Borrower shall have above
Sixty Pounds, for which he is to give in Mortgage of Lands in Fee
Simple to double the Value, and for Houses built upon Lands sub-
ject to Ground Bents to triple the Value, and on good Plate re-
deemable in one Year at the Value of Six Shillings per Ounce; And
the said Act also directs, That on the Twenty-Eighth Day of Feb-
ruary, in the Year of our Lord 1758, all the said Bills are to be
duly examined and compared by a Committee to be chosen by the
Assembly, and then burnt and destroyed in their Presence.

" And we crave Leave to say, that by the moderate Sums that we
have had from time to time emitted we have been enabled to shew
our Loyalty to our Gracious Sovereign and make an Honourable
Support for Government, improve our Lands and Commerce, and
without which we should have found it impracticable to have
advanced the Sum given as above mentioned to his Majestie's
Use.

" Which is humbly submitted to the Correction of the House
per Us,

"JEHU CURTIS,
"JAMES GORRELL,
"JACOB KOLLOCH."

The 20th November, 1749.
MEMORANDUM.

A Message was deliver'd to the Governor by two Members that
the House was met according to their Adjournment and ready to
receive any Thing he might have to lay before them. The Governor
made Answer that if any thing should occur to him proper for the
Consideration of the House during their Sitting he would com-
municate it by Message.

The 24th of November, 1749.
MEMORANDUM.

The Governor received by the Post the following Letter from
Mr. Phipps, with a Copy of an Account of the Charge of Pris-
oners :

"To the Honourable JAMES HAMILTON, Esqr., Governor of
the Province of Pennsylvania, &c.

"Sir:

" I am informed that his Excellency Governor Shirley had settled
an agreement with the Governor of Canada (so far as related to this
Government), and the Charge of transporting English Prisoners
should be defrayed by the English Governments, and the Charge of
transporting French Prisoners by their Government; and that upon

PROVINCIAL COUNCIL. 419

his Excellency's informing the Governors of the several Colonies,
the most of them had signified their Approbation of this Methodt
I am likewise informed that in the Year 1746 there were brough.
into this Province in a Flag of Truce sent by the Governors of
Canada, called the La Vierge de G-race, a great Number of English
Captains, some of them being Europeans but the most of them be-
longing to the English Provinces and Colonies in America, and that
about the same Time his Excellency had sent a Flag of Truce to
Canada with French Prisoners at the Expence of this Government,
and that his Excellency sent circular Letters to the Governors of the
English Colonies aforementioned with Lists of the several Prisoners
belonging to their respective Governments, wherein he inform/ d
them that as soon as the Accounts of the Charges of the Flags of
Truce and the' Proportions of the several English Governments
thereto were adjusted, he would send them to the said Governors
that so they might reimburse the Governor of Canada what Charges
he had been at for transporting the English Prisoners belonging to
their Government. Soon after this the Court House in Boston was
burnt, and therein all the Papers relating to the fitting out the
French Flag of Truce, which made it necessary that those Accounts
should be had from Canada, in order to state the particular Part
each of the English Governments ought to bear to the Charge of
transporting their Prisoners, and I find the said Accounts were sent
here a little before Governor Shirley's Departure, and an Account
has been stated between the said Governor Shirley and the Governor
of Canada and sent to Quebec by a Person gone there for the Re-
demption of Captives, and the Governor of Canada has been as-
sur'd that all possible Care should be taken for recovering from
each Government their Proportion of the Charge. I shall now
send your Honour a Copy of the Account, by which you will per-
ceive the Number of Persons belonging to your Government is six,
and the Proportion of the Charge £174 8 5, which I must pray
your Honour would cause to be paid into my Hands as soon as may
be, and the same shall be remitted to the Governor of Canada, and
I doubt not your more ready Compliance when you consider as ap-
pears by the Account that this Province will be obliged to pay in
Proportion beyond any other Government, as the greatest Part of
the Charge of the Europeans and other uncertain Persons, both in
this Vessel and another sent to Louisbourg, will fall upon them.
" I am, Sir,

" Your Honour's most humble and most obedient Servant,

"S. PHIPS."

The Charge of the Ship La Vierge de Grace amounted, as ap-
pears by the Contract, to 10,000 Livres, each Livre being valued at
Ten Shillings of the Currency of New England makes the Sum of

£5,000.

843

0

5

174

8

5

174

8

5

174

8

5

58

2

9

58

o

9

29

1

5

29

1

5

29

1

5

319

15

4

494

2

8

261

12

6

174

8

5

£5,000

0

b

420 MINUTES OF THE

The Proportion of each Concern or Interest in said £5,000 is as
follows :

59 Massachusetts Bay - *]

16 The same taken at Nova Scotia - I -£9 180 4 S

75 J

29 New York * -

6 New Hampshire -

6 Pennsylvania

6 Pthode Island -----

2 Connecticut

2 New Jersey

1 Bermuda

1 Annapolis Royal -

1 Shirley Galley

9 Maryland -

17 Europeans -
11 Taken in Nova Scotia -

6 Uncertain -----

172

" Per J. WHEELWRIGHT, Commissary General.
" Boston, New England, September 12, 1749."

And sent a verbal Message by the Secretary, recommending it to
the Assembly to order the Payment of whatever shall appear to be
due to the Government of Massachusetts Bay on the Estimates
made in the said Accounts; and on the twenty -fifth the Governor
received by two Members of the House the following Message :
" That the House remember'd no Instance wherein the late Gover-
nor enter'd into any publick Engagement without first communica-
ting it to this House ) that they remember'd no Proposition of that
sort made to them ; that before they came to any Result in the
Matter they were inclinable to search their Minutes, and therefore
postponed the further Consideration thereof to their next sitting.
And that the House proposed now to adjourn to the first of the
Eleventh Month next; To which the Governor made no Objection.

The first of January, 1749.
MEMORANDUM.

Two Members waited upon the Governor to acquaint him that the
House was met according to their Adjournment, and ready to re-
ceive any Thing he might have to lay before them. The Governor

PROVINCIAL COUNCIL. 421

made Answer that he had nothing at present to lay before the House,
hut if any Thing proper for their Consideration should occur to
to him during their Sitting he would communicate it by Message.

At a Council held at Philadelphia, Wednesday, the 17th January,
1749.

PRESENT :

The Honoble. JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Samuel Hassel, Abraham Taylor, "|

Robert Strettell, Benjamin Shoemaker, ! -^

Joseph Turner, William Logan, i

Richard Peters, J

The Minutes of the preceding Council were read & approved.

The Governor laid before the Board several Letters that had
passed between him and the Governor of Maryland and the Presi-
dent of Yirginia, which were ordered to be entered.

A Letter from Governor Hamilton to Governor Ogle.
« Sir :

" The people have increas'd so fast in that Part of the Country
which lies near the End of the Temporary Line, as the same was
lately run by the Commissioners in Obedience to his Majestie's
Order in Council, And such numbers have presum'd to settle and
are still daily settling in a rude and disorderly Manner further to
the Westward, that I am of Opinion it is become absolutely neces-
sary to extend that Line to its Western Limits.

" As I doubt not that you have received the same Information
with respect to the Increase of Inhabitants in those Parts, and are
fully sensible of the bad Consequences that may attend tumultuous
and irregular Settlements on the Borders, and that while the Tem-
porary Limits are not known it will become every Day more difficult
to preserve the Peace in Places so remote, I beg leave, from a sin-
cere Desire to avoid every Occasion of Contention, to propose to
You the extension of the temporary Line between the two Pro-
vinces from the Place where it now ends to a Meridian drawn from
the first Fountain of the River Patowmach, and desire you will be
pleas'd to join with me in the Appointment of Commissioners to
do this necessary Work. Was not the Year so far advanced I
should further propose that Commissions might issue immediately,
but I think it may be very well, as People always take the Spring
time to remove their Families, that the Commissioners be ready to

422 MINUTES OF THE

take the first Opportunity of fair Weather after the Winter
breaks up.

"lam with great Regard, Sir,

" Your most obedient and most humble Servant,
"JAMES HAMILTON.
"Philadelphia, 23d September, 1749."

Governor Ogle's Answer to Governor Hamilton.

" November 30th, 1749.
" Sir :

" I received the 16th Instant the favour of your Letter of the 23d
of September, and shall be always ready to do every thing in my
Power to preserve Peace and good Neighbourhood on our Borders,
but apprehend that our Bounds towards Virginia can never be set-
tled to any Purpose without the joint Concurrence of that Govern-
ment, as they are in Reality more concerned in the Extension of
your western Bounds than we are.

" As the latter Part of the temporary Line was run ex parte
by your Commissioners without any Check or Restraint on our Part,
we apprehended they had gone to the utmost Extent of what they
thought your western Bounds, but as your Letter seems to imply the
contrary I should be glad to have your Opinion more clearly how
far your five Degrees of Longitude will extend, and from what Part
of your Eastern Boundary you think by your Charter you are enti-
tled to set off at, that I may communicate your Thoughts to Lord
Baltimore and the President of Virginia.

" Although this is a matter of Consequence, yet as it has no Re-
lation to the other Points in Dispute I hope it may be easily settled
to the mutual satisfaction of the three Governments. I am with all
imaginable Regard.

" Sir, Your most obedient and humble Servant,

" SAM. OGLE."

A Letter from the President of Virginia to Governor Hamilton.
« Sir :

" I had the Pleasure to congratulate You on your arrival to your
Government by the Favour of my Friend Mr. Strettell; I had great
Satisfaction when I heard of your being advanced to that Honor-
able Station, because I had a very great Esteem for You ever since
I had the Honour to know You.

"Upon Sr. William Gooch's leaving this Colony the Govern-
ment here has devolved upon me as eldest Councelior, and I hope

PROVINCIAL COUNCIL. 423

the good Agreement that will subsist between Us will be of service
to both Goverments.

" I am sorry that so soon I am obliged to complain to You of the
insiduous behaviour, as I am informed, of some traders from your
Province, tending to disturb the Peace of this Colony and to alienate
the Affections of the Indians from Us.

" His Majesty has been graciously pleased to grant to some Gen-
tlemen and Merchants of London and some of both sorts Inhabi-
tants of this Colony, a large Quantity of Land West of the Moun-
tains, the design of this Grant and one condition of it is to Erect
and G-arrison -a Fort to protect our trade (from the French) and
that of any of the neighbouring Colonies, and by fair open Trade to
engage the Indians in Affection to his Majestie's Subjects to supply
them with what they want so that they will be under no necessity
to apply to the French, and to make a very strong Settlement on
the Frontiers of this Colony, all which his Majesty has approved
and directed the G-overnor here to assist the said Company in car-
rying their laudable Design into Execution ; but your Traders have
prevailed with the Indians on the Ohio to believe that the Fort is
to be a bridle for them, and that the roads which the Company are
to make is to let in the Catawbas upon them to destroy them, and
the Indians naturally jealous are so possessed with the truth of
these Insinuations that they threaten our Agents if they survey or
make those Roads that they had given leave to make, and by this
the carrying the King's Grant into execution is at present imprac-
ticable, Yet these are the Lands purchased of the Six Nations by
the Treaty of Lancaster.

" I need not say any more to prevail with you to take the neces-
sary means to put a stop to these mischievous Practices of those
Traders. We are informed that there is Measures designed by the
Court of France that will be mischievous to these Colonys which
will in Prudence oblige Us to unite and not divide the Interest of
the King's Subjects on the Continent. I am with Esteem and Res-
pect,

" Sir, Your obedient humble Servant

THOMAS LEE.

" Stratford November 22d; 1749."

Another Letter from the President of Virginia to G-overnor
Hamilton :

" Stratford, December 20th, 1749.
" Sir :

" Since the Letter I had the Pleasure to write You I have found
it necessary to write to the Lords of the Treasury, desiring their

424 MINUTES OF THE

Lordships to obtain the King's Order for running the dividing
Line betwixt this Colony and Yours, else many difficultys will
arise upon seating the Large Grants to the Westward of the Moun-
tains.

" In the case of the Earl of Granville and the Lord Fairfax this
method was taken, and Commissioners appointed by his Majesty
and those noble Lords.

" I thought it proper to acquaint you with this Step, that there
may be no Surprize, and that a matter of such Consequence may
meet with as little Delay as the Nature of it will admit of.
" I am, with all possible Esteem, Sir,

" Your most obedient and humble Servant,

" THOMAS LEE."

Jl Letter from Governor Hamilton to the President of Virginia.

" Sir :

"I am honour' d with your Letter of 22d of November, acquaint-
ing me with your succeeding, upon the Departure of Sr. William
Gooch, to the Command of his Majestie's Colony of Virginia, upon
which I very heartily congratulate both You and the Colony,
wishing you much Happinness in your Administration, as I doubt
not the People will receive much Ease and Prosperity under it ; I
am at the same time to pay you my Acknowledgements for the
favourable Opinion you are pleas'd to conceive of me.

" It gives me great Concern that you should have Cause of Com-
plaint against any of the Inhabitants of this Province ; you may
depend that nothing in my Power shall be wanting to detect the
Authors of the dangerous Insinuations you are pleas'd to mention,
and make them sensible they are not to act such a Part with Im-
punity. At present there happens to be none of the Traders in
this City to whom I can apply for information, but as soon as they
return from the Indian Countries I shall take care that they be
strictly examin'd, and endeavour by all possible methods to put an
end to so vile a Practice.

" As you have mentioned the large Grant his Majesty has lately
been pleased to make to some Gentlemen in Virginia of Lands on the
Branches of the Ohio, I am induced to desire your opinion whether
it may not be of use that the Western Bounds of this Province be
run by Commissioners to be appointed by both Governments, in
order to assure Ourselves that none of the Lands contained in that
Grant are within the Limits of this Province. If you should join
with me in Sentiment that the work is necessary to be done, I
shall at all times be ready to appoint Commissioners and Surveyors

PROVINCIAL COUNCIL. 425

to run the Lines in Conjunction with Persons to be commissioned
by You for that Purpose.

" I am with great Regard, Sir,

" Your most obedient and most humble Servant,
" JAMES HAMILTON.
"Philadelphia, January 2d, 1749."

Then the Governor inform'd the Council that three several Let-
ters of an extraordinary nature, in French, sign'd Celeron, were
deliver' d to him by the Indian Traders who came from Allegheny,
informing him that this Cap*' Celeron was a French Officer, and had
the Command of three hundred French and some Indians sent this
Summer to Ohio and the Owabach, from Canada, to reprove the In-
dians there for their Friendship to the English, and for suffering
the English to trade with them. The Governor sent one of these
Letters to the Proprietaries in London & another to the Governor of
New York, that the same might be laid before the Ministry if they
thought it proper.

A Letter from Cap1- Celeron to Governor Hamilton,

" De notre Camp sur la belle riviere a un ancien V
Village des Chaouanons, le sixieme Aoust, 1749. j
" Monsieur :

" Ayant ete envoye avec un Detachement dans ces Quartiers par
Monsieur le Marquise de la Gallissoniere, Commandant General de
la nouvelle France, pour reconcilier entre elles quelques Nations
Savages qui s'etoient Brouillees a 1' occasion de la Guerre qui
vient de finir, J'ai ete tres surpris de trouver des Negocians de
votre Government dans un Pais sur lequel TAngleterre n'a jamais
aucunne Pretention, il paroit meme quon ne pense pas autrement
dans la nouvelle Angleterre, puisque dans plusieurs Villages ou
j'ai passe les Anglois qui y etorient en Commerce ont pris pour
le plus Part la fuitte, Ceux que Je viens de rencontrer et par les
quels je vous ecris. Je les ai traite avec toute la douceur possible
quoy que Je fusse endroit de les regarder comme des Interlopes et
des Gens Sansaveu, leur Entreprise etant Contraire aux Prelimi-
naires de la Paix Signee depuis plus de quinze Mois.

"J'espere, Monsieur, que vous vondrez bien defendre pour la
venir ce Commerce qui est contre les Traites; et faire avertir vos
Negociants qui'ls sexposent beaucoup, s'ils reviennent dans ces con-
trees et qu'ils ne doivent imputer qu'a eux les malheurs qui pour-
roat leur arriver. Je scais que notre Commandant General seroit
tres foche d'en venir a quelque Violence; mais il a des ordres tres
precis de ne point soufrir de Negociants etrangers dans son Sou-
government.

" J'ai T Honneur des tre avec Respect, Monsieur,

" Votre tres humble et tres obeissant Servitur,

"CELERON."

426 MINUTES OF THE

Two Bills, One Entitled " An Act for Erecting Part of the Pro-
vince of Pennsylvania, Westward of Sasquehannah and Northward
and Westward of the County of York, into a County," and the
Other Entitled " A Bill for amending the Laws of this Province
against Killing of Deer out of Season," were presented to the
Governor for his Concurrence, were read twice and approved, and
return'd to the House with a Message that the Governor wou'd
pass them when offered to him for that Purpose.

At a Council held at Philadelphia, Monday, the 22d January,
1749.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

•Samuel Hassell, Abraham Taylor, ^

Robert Strettell, Benjamin Shoemaker, y Esquires.

Joseph Turner, Richard Peters, j

The Minutes of the preceding Council were read & approved.

Three Bills presented to the Governor for his Concurrence were
read, viz'. : One Entitled " An Act for the Continuance of an Act
for the more easy Recovery of Legacies within this Province."

Another Entitled " An Act for Barring Estates Tail."

The Third Entitled " An Act for amending of the Act. Entitled
' An Act to encourage the Killing of Squirrels within this Pro-
vince/ "

To every one of which some Amendments were proposed and sent
to the House along with the Bills.

At a Council held at Philadelphia, Saturday, the 27th January,
1749.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Benjamin Shoemaker, Robert Strettell, ")

William Logan, Joseph Turner, j- Esquires.

Richard Peters. )

The Minutes of the preceding Council were read and approved.

The Governor informed the Board that on the 25th the House
had presented for his Concurrence a Bill entitled " A Bill for amend-
ing the Laws relating to the Probate of Wills," by two Members,
with a Message that the House had agreed to the Amendments pro-

PKOVINCIAL COUNCIL. 427

posed to the Bills returned to them, and that in Pursuance of the
Expectations given him at the last Sitting they had resumed the
Consideration of the Demand from the Government of the Massa-
chusetts Bay relating to the Expence of bringing home the English
Prisoners, and though they found no Mention in their Minutes of
any Engagement entered into by the late Governor to that Purpose,
yet they were willing to pay the Proportion demanded according to
the Value of Livres.

As to the Bill, it appeared to him to be of too much Consequence
to be taken into Consideration so near the End of a Sitting, and,
therefore, he would not give them the Trouble of reading it now,
but keep it till the next Sessions.

The Governor said further, that he had last Night received an-
other Bill from the House, entitled " A Bill for prohibiting the Im-
portation of Germans or other Passengers in too great Numbers in
any one Vessel," and that he was inclinable this should likewise go
over to the next Sessions, but in Regard, that the Vessels which
should come in this Summer might prove sickly, and that the Mem-
bers at the time the Bill was presented had inform' d him that the
House was inclinable to adjourn, he wou'd now lay it before them,
and it was read first entirely and then by Paragraphs, and on con-
sidering it the Council thought it wanted much Amendment and that
some Clauses might be added which would more effectually prevent
the Evils intended to be remedied by it, but as the House had signi-
fied an Inclination to adjourn to-day it was amended in such Parts
as wanted it most, and the Secretary was ordered to transcribe the
Amendments and deliver the Bill with them forthwith to the House
with this further Message, that the Governor wou'd detain the Bill
for the Probate of Wills till the next Sessions.

A Message from the House by two Members while the Council
was sitting that the House had agreed to the Amendments proposed
to the Bill relating to the Importation of Germans, &ca-' and desired
that the Governor would appoint some Members of his Council to
join a Committee of that House in comparing the Bills that had had
his Concurrence with the engross'd Copies, and desired farther to
know when he would be pleased to receive the House in order to
their presenting those Bills for his Assent, together with an Address
which they had prepared.

The Governor ordered the House to wait upon him at four o' Clock
in the Afternoon, and Mr. Taylor and Mr. Peters were appointed to
compare such Bills as had received his Concurrence.

P. M;
Present as before and Abraham Taylor, Esquire.
The Speaker and the House waited on the Governor in the Council

428 . MINUTES OF THE

Chamber and presented the following Bills, which having been pre-
viously assented to and compared by a Committee of Council in
Conjunction with a Committee of the House, were enacted into
Laws, viz. :

" An Act for erecting Part of the Province of Pennsylvania
Westward of Sasquehannah and Northward and Westward of the
County of York, into a County."

" An Act for prohibiting the Importation of Germans or other
Passengers in too great Numbers in any one Vessel ."

" An Act for amending of the Act intituled ' An Act to en-
courage the Killing of Squirrels within this Province."

" An Act for amending the Laws of this Province against Kill-
ing of Deer out of Season."

" An Act for barring Estates Tail."

"An Act for the Continuance of an Act of Assembly of this
Province entitled ' An Act for the more easy Recovery of Legacies
within this Province.' "

Then the Speaker read an Address in these Words and then pre-
sented it to the Governor, together with an Order of the House for
Six Hundred Pounds in Part of the annual Support :

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor of the Province of Pennsylvania, and Counties of New-
castle, Kent, and Sussex, on Delaware ;

u The Address of the Representatives of the Freemen of the said

Province.

" May it Please the Governor :

u We have during this Session received divers Petitions from a
considerable Number of sober and discreet Persons, Inhabitants of
this City and several other Parts of the Province, who though of
different Perswasions in Religious Matters, have nevertheless united
in those Petitions, complaining that notwithstanding many prudent
Provisions have been heretofore made by the Laws of this Province
concerning Persons licenced to keep Inns and Publick Houses for
the Sale of strong Liquors and the Entertainment of Travellers and
the good Order to be kept in those Houses, yet contrary to the
Tenor of those Laws they have of late Years very much encreased.
That many of them are neither of sober Conversation nor of Ability
to entertain Travellers, nor do they keep good Orders in their Houses,
as by Law they ought to do, That on the contrary, most of them
are Nurseries of Vice and Immorality, such as promote Drinking,
Gaming, Idleness, and many gross Evils, inticing Youth and Others
to the lavish Spending of their Money, wasting their Time in Tip-
pling and corrupt Company, and by this Means neglecting their
proper Business, impoverishing themselves and their Families, and

PROVINCIAL COUNCIL. 429

endangering the Loss and Ruin of their Souls, Bodies, and Estates;
To prevent which for the future the Petitioners pray our Interposi-
tion, and as our own Observations as well as the Testimony of others
convince us of these melancholy Truths, we think it a Duty we owe
to the Province, to Posterity, and to ourselves, to contribute the ut-
most in our Power to discourage and prevent these growing Evils.

"With this view we have inspected the several Laws now in Force
in Relation to Publick Houses, and we there find many prudent
Provisions adapted to the Circumstances of the Province and for
preventing the Abuses complain'd of; and tho' we think some Ad-
ditions may be made to these (which in due time will come under
our Consideration) yet we are of the opinion that were the Laws
now in Being but duly put in Execution it would in great Measure
remove the Cause of these Complaints.

"It is not to be expected the Governor, who is so much taken up
with the Affairs of the Province, should himself be so well acquainted
with Persons and Places fitting and necessary for keeping of Inns or
Publick Houses for the Purposes aforesaid, and therefore our Laws
have wisely provided to free him from the Trouble of such an En-
quiry, which otherwise might be necessary, by obliging the Persons
who intend to keep these Houses first to apply to the Justices of
the Peace of the City or County in which such Persons applying
reside, and at the General Quarter Sessions of the Peace, to obtain
from the Justices their Recommendation to the G-overnor of the
Fitness and Ability of such Appliers for the Service, before they
are entitled to a Licence. Were this important Trust duly executed,
it would render any further Provision less necessary; but it hath so
happened in divers Places that either for want of due Enquiry into
the Places where the Persons applying reside, their Circumstances
and Abilities, and the Necessity of Publick-Houses in the Places
desir'd, or thro' a mistaken Pity for the Persons applying, or some
other Motive, a much greater Number hath been recomended to the
Governor to obtain such Licences than were either fit for the Em-
ployment or of Use to the Publick.

"Hence arises the Evils complain'd of, and here, as we conceive,
a proper Remedy may be had, and therefore it is we earnestly re-
quest the Governor That he will be pleased warmly to recomend it
to the Consideration of the Justices of the several Counties within
this Province that they will employ their utmost Care and Vigilance
to put the Laws relating to the good Order necessary to be observed
in Publick Houses, and for preventing of Tippling by the Inhabitants
therein, in Execution. That for the future, where applications are
made for such Recommendations they will make diligent Enquiry
into the Circumstances of those who apply for them, and grant so
many only as shall be necessary, and those to such Persons only as
are most fit for the Service.

"The Increase of Vice and Immorality are bad Symptoms in any

430 MINUTES OF THE

Government, and the Consequences it might have in this we think
too evident to a Gentlemen of the Governor's Abilities to need any
Illustration ; we, therefore, pcrswade ourselves of his hearty Assist-
ance in the Reformation desired, as the best and most effectual Means
to render the Inhabitants of this Province more generally better
Subjects, better Members of Society, and above all better Chris-
tians.

" Signed by Order of the House,

"JOHN KINSEY, Speaker."

^he Governor was pleased to say, "That it very well became the
Assembly, as Representatives of the People, to endeavour the Re-
formation of the Abuses complain'd of; that it was his own opinion
too great a number of Publick Houses might have the Tendency
mention'd, and that, therefore, he would in the warmest Manner
recommend to all the Magistrates a prudent Use of their Power in
this Particular as well as in every other;" And thereupon he wrote
the following Letter to the Magistrates of the several Counties, to be
read in open Sessions :
" Gentlemen —

" It having been represented to me that the Number of Inns and
Publick Houses throughout this Province is of late greatly increased,
and that many of the Persons recommended to me for my Licence
to keep the same are neither of a sober Conversation or of Ability
to entertain Travellers in a proper Manner — Contrary to the Inten-
tion of the Laws in that respect provided, and tending to the Pro-
pagation of Idleness and Immorality among the Inhabitants — which
Representation I have taken into serious Consideration, And being
desirous, as far as in me lies, to remove every Obstacle in the Way
to Virtue, Piety, and good Order, I do in the warmest Manner re-
commend to You that you will use your utmost Vigilance that the
Laws relating to the good Order to be observ'd in Publick Houses
may be duly put in Execution, And that upon all future Applica-
tions you will make a careful Inquiry into the Characters and Cir-
cumstances of the Appliers, and recommend to me so many only as
shall be thought necessary for the Publick Service, and who for
their Discretion and Abilities are most likely to answer the good
Meaning and Intention of establishing Inns and Publick Houses in
all well-regulated Communities.

"I am, Gentlemen, Your humble Servant,

"JAMES HAMILTON."

PROVINCIAL COUNCIL. 431

At a Council held at Philadelphia, Friday, 25th May, 1750.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Benjamin Shoemaker, ~\

Samuel Hassell, William Logan, ^ Esqrs.

Abraham Taylor, J

The Minutes of the preceding Council were read and approv'd.

Toe Governor laid before the Board a Letter he had received the
23d Instant from the Governor of New York, inclosing One from
Coll. Johnson to that Government, setting forth the Apprehensions
the Indians of the Six Nations were under, as well on their own
Account as in Behalf of their Friends and Allies settled at Ohio,
from the Threats of the French of Canada, who they say are ac-
tually preparing to attack them this Summer with a great Force of
French Men and Indians in their Dependance, and desiring to know
wha'< Assistance they may rely on from the Government of New
York in Case it should so happen; Which Letter of Coll. Johnson
Governor Clinton says he transmits to the Governor of this Pro-
vince, that He may take such Measures thereupon as He shall judge
Proper.

The Governor likewise inform'd the Board that Mr. Peters, the
Secretary, and Mr. Weiser, the Indian Interpreter, were then in
Cumberland County, in order to take proper Measures with the
Magistrates to remove the Settlers over the Hills who had presum'd
to stay there, notwithstanding his Proclamation prohibiting their
Stay under the severest Penalties ; That he had receiv'd a Letter
from Mr. Peters, mentioning that Andrew Montour was just arriv'd
from Allegheny, and brought News that the Indians were upon
their Guard least the French should come, but did not generally
believe they would; and likewise inclosing the Minutes of some
Conferences which were held by him in Conjunction with the Magis-
trates and Mr. Weiser, as well with Mr Montour as with some
Shamokin and Conestogoe Indians, which were read in these Words :

"At a Conference held with the Indians at Mr. Croghan's in
PenDsboro' Township, Cumberland County, on Thursday, the 17th
Day of May, 1750.

" present:

"RICHARD PETERS, Esquire, Secretary.
" Conrad Weiser,
"James Galbreath

" George Croghan,
" George Stevenson,
"William Wilson,
" Hermanus Alricks,

Andrew Montour,

Tach-nech-doarus,
,r-, . S-ai-uch-to-wano,
^ ' Catara-dirha,

Tohomady Huntho, a 'Mohoch
from Ohio.

432 MINUTES OF THE

11 Sai-uch-to-wano spoke as follows:
" ' Brethren :

" ' We were in hopes of giving the Secretary a chearful Welcome
into this Part of the Country; but We have just heard a Piece of
bad News which has interrupted our Joy, that one of the Principal
men of the Province is taken away by a sudden Death, a wise Coun-
sellor and a good Friend of ours. Be pleased, therefore, to convey
to the Governor our Expressions of Sorrow on this melancholy Oc-
casion, and let this String of Wampum serve to comfort his Heart
and wipe away Tears from his Eyes till this great Loss shall be
supply'd by some fit Person to succeed him/

" A String of Wampum.

" To which the Secretary made answer:

" * Brethren :

"'I will deliver your String to the Governor, with your Expres-
sions of Sorrow for the Death of the Chief Justice. This is indeed
a real Cause of Concern to the whole Province, since the Loss which
the Publick sustains by the Death of Wise Men cannot be soon re-
pair'd. Wisdom in the Administration of the Affairs of Govern-
ment requiring Experience as well as great Abilities, of both which
the deceased Gentleman had a large Share.'

" Then Catara-dirha, on behalf of the Conestogoe Indians, spoke :
t( ( Brethren :

" ' When the Six Nations sold their Land on Sasquehannah to the
Proprietaries, the Conestogoe Indians* were then living in their
Town near Lancaster, for which Reason the Place where they liv'd
was excepted out of the Sale. It will appear by your Records that
they were to live there as long as they pleased, and when they
should incline to depart they were to signify it to the Proprietaries
and receive a Consideration; they are now inclinable to .remove
nearer to the other Indians, and according to the Agreement already
made with the Proprietaries they request You to inform the Gov-
ernor of their Intention. They want to sell their Improvements,
and now make the Proprietaries the first Offer of them/

" A String of Wampum.

" ' Brother, the Governor

" ' Many of our old People arc dead, so that we are now left as it
were Orphan's in a destitute Condition, which inclines us to leave
our old Habitations. When we are gone ill-minded People may tell
you Stories to our Prejudice; but we assure You that Distance will
not alter our Affections for You. Therefore give no Ear to such
Stories, as we on our Part will not think you can loose your Regard
for Us,/tho' there are some who would perswade Us that we are now
not so much regarded by you as we have been.'

PROVINCIAL COUNCIL. 433

u Then Andrew Montour spoke as follows :
" ' Brethren :

" { The Tivightwees, who were admitted into the Alliance of the
English in a Treaty held at Lancaster two or three Years ago, sent
their Deputies to Allegheny last Winter with a Message addressed
to the Six Nations and other Indians living at Ohio, and to the
Governor of Pennsylvania, and delivered to them this String of
Wampum j and as this Government is equally concerned with those
Indians in the Twightwee Message, they have commissioned me to
relate it to the Governor, and to give him over the String of Wam-
pum sent with it, and desire he will favour them with his answer to
it by Mr. Croghan, who is going this Summer to Allegheny.'

" The Message delivered by the Deputies of the Twightwees was
as follows :

" ' Brethren of the Six Nations and all the other Indians living on
Ohio, and the Governor of Pennsylvania and all the English Gov-
ernors :

" rWe, the Twightwees, who are now one with You, desire that
the Road which has lately been opened between us, being a new one,
and, therefore, rough, blind, and not well clear'd, may now be niacle
plain, and "that every thing which may hinder the Passage may be
removed out of it so effectually as not to leave the least Obstruction *
and we desire this may be done, not only as far as where you live
but beyond you to the Places where our Brethren the English live,
that their Traders, whom we desire to see amongst us and to deal
with Us for the future, may travel to us securely and with Ease.

" * Brethren :

" ' We are yet young and unexperienced. You, the Six Nations,
are our Elder Brothers, and can advise Us what to do on all occa-
sions. We, therefore, put ourselves under your Care, and request
that you will look upon us as Children and assist us with your
Council, and we promise to follow whatever Advice you give Us, for
we are sensible that it will be for our Good, Our Father Onontio
has kept us poor and blind • but thro' your Means we begin to open
our Eyes and to see Things at a great Distance. We assure You
by this String of Wampum that We, the Twightwees, have entirely
laid Onontio aside and will no more be governed by his Advice, nor
any longer hearken to what he shall say.

" l This is our settled Determination, and We give you the strong-
est Assurances that We shall abide by it, and of this we desire you
will inform the Six Nation Indians at Onondago, and all the Indi-
ans who are in their and your Alliance, and likewise the Governor
of Pennsylvania and the other English Governors.

" < Brethren :

(i 1 1 have it further in charge to relate to you the Answer which
vol. v. — 28.

434 MINUTES OF THE

the Allegheny Indians gave to this Message of the Twightwees,
and it was to this Purpose :
<" ( Brethren the Twigh twees :

" * Hearken to what we say, and consider our answer as the joint
Answer of all the Nations of the Indians living in these Parts, of
our Fathers the Six Nations living at Onondago, and of the English
Governors, all whom we include in this answer.

" ' Brethren of the Twightwee Nation :

" ' You have by your Deputies desired of Us that we would open
the New Boad between Us and You wider, and take out of it every
Thing that can possibly hinder our travelling safely and pleasantly
to one another, and that the English Traders may come more
amongst You. And further, that you henceforth put yourselves
under our Care and desire we will assist you with our Council, and
that you have entirely laid aside Onontio and will be no more gov-
erned by his Councils. We declare ourselves well pleased with
every Part of your Message, and will heartily join with you in
making* the Boad perfectly clear and free from all Impediments.
We will take you under our Care and assist You on all occasions in
the best manner. We trust your Determinations are made with the
utmost Seriousness and Deliberation, and that you will adhere to
what you say. The English and We are firmly united together;
We are all one People, and our Hands join'd so that nothing can
separate them. You have joined Hands with them and Us 'tis true,
but Yours are as yet like, the Hands of Infants, they cannot take
hold of the Chain of Friendship with as much Strength as those of
riper Years, but We advise you to take as strong an Hold of it as
ever you can, and to form an Union that nothing can break through.
If any Tree should fall and block up the Boad between us, be sure
let us all put our Hands to it and unitedly and amicably like Breth-
ren throw it out of the Boad. Don't let us act single on any Occa-
sion, but all together, and then shall we have the more Strength.

" l A Message arriv'd from the Twightwees just before I left Alle-
gheny, to thank the Indians on Ohio for their kind Beception of
and answer to their Message in the Winter, with further assurances
that they would continue true to their new Engagements, and ex-
pected to see Mr. Croghan with the answer of the Governor of
Pennsylvania and the other English Governors.
" ' Brethren :

" 'I have finish'd what was given me in Charge with respect to
the Twightwees, but I have still something to communicate to the
Governor of Pennsylvania, and all the other Governors on the Con-
tinent, which was communicated to me by the Owendaets (other-
wise called Innntad}'' Haga) Indians in Conjunction with the other
Indians settled on Ohio, be pleased therefore to receive a Message
gent by the Owendaets and the other Indians.

PROVINCIAL COUNCIL. 435

" l Brethren all the English Governors :

" l When you were at war with Onontio We were perswaded by
Corlear to strike the French; you have since made Peace with
Onontio, and we expected that we were included in that Treaty,
but we don't find it so, for the French are always threatning Us,
and have put us into so much Fear by their Menaces that we dare
not suffer our People to go into the Hunting Places at a Distance
from Us least we should meet a party of French. This was the
case all last Summer, and we have received Intelligence from the
Six Nations that the French of Canada are now making Military
Preparations and intend to attack us this Summer.
" ' Brethren :

" ' You ought to have included Us in you Peace, but since you
did not we now request that the English Governors would jointly
apply to have Us included in the Peace, that we may not be subject
to the Intimidations and Resentment of the French, but be in quiet
as well as you.' "

"The Secretary then informed the Indians that the Magistrates
were come together to go and remove the People off the Land at
Juniata and other Places by Direction from the Governor, agree-
able to the Promise his Honour made the Deputies of the Six Nations
last Summer, and that Mr. Weiser and he were appointed to see
this work effectually done."

" At a Conference held at Mr. CROGHAN'S in the Afternoon of
the same Day, at the Instance of the' Indians.

" present:

"Richard Peters, "] Andrew Montour,

"Conrad Weiser, I Tach-nech-doarus,

"James Galbreath, y Esquires. Sai-uch-to-wano,
"George Groghan, I Catara-dirha,

"George Stevenson, j Tohomady Huntho.

" Sai-uch-to-wano spoke as follows :
" f Brethren :

"'We have thought a great deal of what you imparted to Us,
that Ye were come to turn the Peeple off who are settled over the
Hills. We are pleased to see you on this Occasion, and as the
Council of Onondago has this Affair exceedingly at Heart, and it
was particularly recommended to Us by the Deputies of the Six
Nations when they parted from us last Summer, We desire to ac-
company You, But We are afraid, nothwithstanding the Care of
the Governor, that this may prove like many former Attempts, the
People will be put off now and come next year again, and if so the
Six Nations will no longer bear it but do themselves Justice. To

436 MINUTES OF THE

prevent this, therefore, when you shall have turned the People off
We recommend it to the Governor to place two or three Faithful
Persons over the Mountains who may be agreeable to him and Us,
Avith Commissions impowering them immediately to remove every
one who shall presume after this to settle there, until the Six Na-
tions shall agree to make Sale of their Lands. To enforce this
they gave a String of Wampum and received one in Return from
the Magistrates, with the Strongest Assurances that they would do
their duty/ "

The Governor then desired the Gentlemen of the Council to take
the above several matters into their serious Consideration, and ad-
vise him what might be proper for him to do on this Occasion, Who
were unanimously of Opinion, That as this Governmt is as strictly
united with the Indians of the Six Nations and those of Ohio, as
any other Government on the Continent, and has upon all Occasions
acted as friendly a Part by them, it is most probable that if they
had apprehended such imminent Danger as is mentioned in Col0-
Johnson's Letter, they would as naturally have applyed to this Pro-
vince for Assistance as to that of New York j That as well by Mr.
Peters' Information as by the Testimony of the Indian Traders
come from Ohio, it appears Matter of Doubt to themselves whether
they shall be molested this Summer ; That as this Province is cir-
cumstane'd the Only Assistance that can be given them is by
furnishing them with Guns, Powder, Lead, &ca-' to fight their Ene-
mies, the Expence whereof they are apprehensive the Assembly may
Scruple to repay without receiving some stronger Evidence of the
Necessity of its being advane'd than Col0- Johnson's Letter to the
Governor of Another Province j That upon the Whole they cannot
advise the Governor either to advance his money or to call the As-
sembly together on this Occasion, but to wait until He receive a
more authentick Application from the Indians themselves than has
hitherto been made to him.

MEMORANDUM.

The following Persons were appointed Justices of the Peace and
of the Common Pleas in the County of Cumberland, by a Com-
mission bearing Date the Tenth Day of March, 1749, viz'1: Samuel
Smith, William Maxwell, George Croghan, Robert Dunning, Ma-
thew Dill, Benjamin Chambers, William Trent, William Allison,
Hermanns Alricks, John Miller, Robert Chambers, John Finley,
and Thomas Wilson.

PROVINCIAL COUNCIL. 437

At a Council held at Philadelphia, Tuesday, 31st July, 1750.
present :

The Honourable JAMES HAMILTON, Esq., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, *}

Robert Strettell, Joseph Turner, I Esquires.

Thomas Hopkinson, Richard Peters, J

Conrad Weiser, Indian Interpreter

The Minutes of the preceeding Council were read and approved.

The Governor laid before the Board a Message from the Chiefs
of the Four Nations of the Twightwecs, which was spoke to Mr.
Hugh Crawford, Indian Trader, in one of the Twightwee Towns on
the Owabach, where he was trading last Winter, and which he put
down in Writing. Mr. Crawford added that though he was order' d
to deliver it to the Governor of Pennsylvania, and the Traders of
that Province only were mentioned, yet the Message was to all his
Majestic' s Governors, and the Invitation to the Traders of all the
English Provinces.

u A Message from the Twightwees, sent hy Mr. Hugh Crawford to

the English Governors, tho} only delivered to the Governor of

Pennsylvania.

" The Four Miamy Nation of Indians (Part of whom were at Lan-
caster last Year) desir'd Hugh Crawford to acquaint the Governor,
James Hamilton, Esquire, That last July about Two Hundred
French and Thirty-Five French Indians came to their Towns, in
order to perswade them to return back to the French Settlements
from whence they came, or if fair means would not prevail with
them they were to take them away by Force ; but the French find-
ing that they were resolved to adhere to the English, and perceiving
their Numbers to be great, were discouraged from using any Hostile
Measures, and began to be afraid least they should themselves be
cut off. The French brought them a Present consisting of Four
Half Barrels of Powder, Four Bags of Bullets, and Four Bags of
Paint, with a few Needles and a little Thread, which they refused
to accept of, whereupon the French and their Indians made the best
of their Way oiF for Fear of the worst, leaving their Goods scatter-
ing about. But at the Time of their Conference the French up-
braided the Indians for joining the English, and more so for con-
tinuing in their Interest, who had never sent them any Presents, nor
even any Token of their Regards to them.

" The Indians further desired Hugh Crawford to assure the Gov-
ernors of their steady Friendship to the English, which they hoped
would last whilst the Sun and Moon ran round the World.

" The Indians send by Hugh Crawford to the Governor Four

438 MINUTES OF THE

Strings of Wampum to confirm their Message, and Two Strings
more that the Traders of Pennsylvania may be encouraged by him
to go out and deal with them, and they earnestly request the Favour
of an Answer from the Governors by the said Hugh Crawford.

" HUGH CRAWFORD.
" 29th May, 1750."

The Governor laid before the Council a Conference held with the
Indians by Mr. Peters at Mr. Croghan's on Thursday the 7th of
June, 1750, which was order' d to be entred :

"At a Conference held with the Indians at Mr. Croghan's on
Thursday the 7th of June, 1750, by Mr. Peters.

" PRESENT :

" RICHARD PETERS, Esquire, Secretary.
" George Croghan, *} Andrew Montour,

" Mathew Dill, Cana-ja-chanah, als. Broken Ket-

" Hermanus Alricks, [> Esquires, tie,
" William Trent, | Hatchin-hatta,

" George Stevenson, j Cadsedan-hiunt,

Chiefs of the Seneca Nations set-
tled at Ohio.

"Cana-ja-chanah spoke as follows :
" ' Brethren :

u( We have been sent for by Cap'- Cressap and are now upon our
Road to his House. Meeting with Settlements of White People as
we came along from Allegheny, we asked why they settled so far
back, and whether the Six Nations had sold that Land to Pennsyl-
vania, but received from them no satisfactory Answer. As we came
among the Inhabitants we were told that the Lands were not sold
by the Six Nations, and that the Secretary had been turning the
White People off and was at Mr. Croghan's, whereupon we came
here to inquire if this be true ; and as we find it is; We return the
Government Thanks for their Care of our Lands.

" * We were sent from Ohio about Six Years ago to Canada to
desire the French to supply us with Goods, and they could not sup-
ply Us. When we returned our Council determined to send a
String of Wampum to the Governor of Pennsylvania to desire that
the English Governors would send their Traders with Goods among
us, which String was sent by James Low/y ; to which we have re-
ceived no answer. Therefore We present You with this String to
know whether that was delivered or any answer ever given to it.'

u A String of Wampum.

«' Brother:

"'The Six Nations come down every Year to sell Land, and we

PROVINCIAL COUNCIL. 439

are Part of 'the Six Nations, live at Allegheny and hunt there.
They sell Lands and give us no account of the Value j therefore we
are sent by the Ohio Council to desire our Brother the Governor
to recomend it to the Six Nations that when any Lands shall be
sold we may have Part of the Value.

" l We are now become a stronger Body than when We received
the Present from our Brothers the Governors of Virginia and
Pennsylvania, and have got many to join us, and are become a great
Body, and desire to be taken notice of as such ; and for this Pur-
pose Our Nations by Us present this

"< Belt of Wampum.

" ' Tho' We have been sent for Cap1* Cressap, yet if it be to buy
Land of Us We shall have nothing to say to that, as it has not
been given us in Charge by our Council ; but if it should be for
any thing else, perhaps Trade, now we see you we would know
your opinion about it/

, a The Secretary answered :

" ' I am glad I happen'd to be here, and shall consider your Mess-
age and give you such an Answer this Afternoon as I can, tho'
whatever I say will be only my private Sentiments."

IN THE AFTERNOON.
Present as before.

Brethren :

" 1 1 shall give your Belt to the Governor and faithfully relate
what was said to me at the Delivery of it, and doubt not but you
will receive his Honour's Answer in a little Time.

" ' As Trade is of a private Nature, the Indians, since you ask my
Advice, ought to buy their Goods where they can be best served.
The People of Maryland and Virginia who deal in this Trade may
serve You as well as any Others from Pennsylvania or elsewhere,
and I advise you by all Means to go to Cap'- Cresap's and to culti-
vate a good Understanding with every body who can supply You
with Goods, for it is equal to this Government from whence the
Indians are supplied so that there be a good Harmony kept up be-
tween them and all the King's Subjects. It is no Part of my Busi-
ness to give You Advice, but I cannot help repeating to You my
Sentiments that you do well to trade with the good People of Vir-
ginia and Maryland as well as with those of Pennsylvania, and to
give them the Preference if you find they treat You better than
our People; And as I am now at the House of an Indian Trader, I
charge You, Mr. Montour, to tell them truly what I say, and that
it will be agreeable to the Proprietaries and this Government that
the Indians trade wherever they can be best supplied.

440 MINUTES OF THE

"'In a Conversation after the Conference The Indians desired
Andrew to relate to me the particulars which passed about the In-
vitation of Cressap, viz., that last Fall Barny Currant, a hired Man
of Mr. Parker, brought thern a Message from Cressap to let them
know that he had a Quantity of Goods, and from the true Love
that he bore to the Indians he gave them, viz'., Seneca George,
Broken Kettle, and the Stone, an Invitation to come and see him ;
that he intended to let them have his Goods at a low rate — much
cheaper than the Pennsylvania Traders sold them ; and notwith-
standing the People of Pennsylvania always told them they were
Brethren and had a great Yalue for them, yet this only come from
their Mouth and not from their Heart, for they constantly cheated
them in all their Dealings, which he Coll0, Cressap was very well
acquainted with, and taking Pity of them he intended to use them
in another manner, and mentioned the yates that he and Mr. Par-
ker would sell their Goods to them at, which is cheaper than the
first Cost be they any where imported, viz. r A Matehcoat for a
Buck, a Strowd for a Buck and a Doe? a pair of Stockings for two
Kacoons, twelve Bars of Lead for a Buck, and so on in Propor-
tion/ "

Then *was read Mr. Peters' Beport of the Proceedings of the
Magistrates of Cumberland County against the Trespassers over the
Blue Hills, and Mr. Weiser saying it was a just and true Account,
and desiring it might be received as his own in the several Trans-
actions wherein he was personally concerned, it was ordered to be
enter'd :

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania and Counties of New Castle, Kent, and Sussex, on Dela-
ivare,
" The Report of Richard Peters, Esquire. Secretary of the Pro-
vince of Pennsylvania, of the Proceed ings against sundry Persons
settled in the unpurchased Part of the Province aforesaid :
" May it Please your Honour:

" Mr. Weiser and I having received your Honour's Orders to give
Information to the proper Magistrates against all such as had pre-
sumed to settle and remain on the Lands beyond the Kittocktinny
Mountains not purchased of the Indians, in Contempt of the Laws
repeatedly signified by Proclamations, and particularly by your
Honour's late one, and to bring them to a legal Conviction, least
for want of their Removal a Breach should ensue between the Six
Nations of Indians and this Province, We set out on Tuesday the
fifteenth Pay of May last for the new County of Cumberland, where
the Places on which the Trespassers had settled lay.

"At Mr. Croghan's we met with five Indians, three from Shamo-
kin, two of which were Sons of the late Shickcalamy, who transact

PROVINCIAL COUNCIL. 441

the Business of the Six Nations with this Government, two were just
arrived from Allegheny, viz., one of the Mohock's Nation called
Aaron, and Andrew Montour the Interpreter at Ohio. Mr. Montour
telling us he had a Message from the Ohio Indians and Twightwees
to this Government, and desiring a Conference, one was held on the
eighteenth of May last in the Presence of James Galbraith, George
Croghan, William Wilson, and Hermanus Alricks, Esquires, Jus-
tices of the County of Cumberland, and when Mr. Montour's Busi-
ness was done we, with the Advice of the other Justices, imported
to the Indians the Design we were assembled upon, at which they
expressed great satisfaction.

" Another Conference was held at the Instance of the Indians in
the Afternoon, in the Presence of Mr. Galbreth and Mr. Croghan,
before mentioned, wherein they expressed themselves as follows:

" ' Brethren : We have thought a great deal of what you imparted
to us, that ye were come to turn the People off who are settled over
the Hills; we are pleased to see you on this occasion, and as the
Council of Onondago has this Affair exceedingly at Heart, and it
was particularly recommended to us by the Deputies of the Six
Nations when they parted from us last Summer, we desire to accom-
pany you, but we are afraid, notwithstanding the Care of^the Gov-
ernor, that this may prove like many former Attempts — the People
will be put off now and next Year come again ) and if so, the Six'
Nations will no longer bear it, but do themselves Justice. To pre-
vent this, therefore, when you shall have turned the People off we
recommend it to the Governor to place two or three faithful Persons
over the Mountains who may be agreeable to him and us, with Com-
missions impowering them immediately to remove every one who
shall presume after this to settle there, until the Six Nations shall
agree to make Sale of their Land/ To enforce this they gave a
String of Wampum and received one in return from the Magistrates
with the strongest assurances that they would do their Duty.

" On Tuesday the twenty-second of May, Mathew Dill, George
Croghan, Benjamin Chambers, Thomas Wilson, John Finley, and
James Galbreth, Esquires, Justices of the said County of Cumber-
land, attended by the Under Sheriff, came to Big Juniata situate at
the Distance of twenty-five miles from the mouth thereof and about
ten Miles North from the Blue Hills, a Place much esteemed by the
Indians for some of their best hunting Ground, and there they
found five Cabbins or Log Houses, one possessed by William White,
another George Cahoon, another not quite finished in Possession of
David Hiddleston, another possessed by George and William Gallo-
way, and another by Andrew Lycon ; of these Persons William
White, George and William Galloway, David Hiddleston and George
Cohoon, appeared before the Magistrates, and being asked by what
Right or authority they had possessed themselves of those Lands
and erected Cabbins thereon, they replied by no Right or Autho-

442 MINUTES OF THE

rity "but that the Land belonged to the Proprietaries of Pennsylva-
nia. They then were asked whether they did not know they were
acting against the Law and in Contempt of frequent notices given
them by the Governor's Proclamation. They said they had seen
one such Proclamation and had nothing to say for themselves but
craved Mercy. Hereupon the said William White, G-eorge and
William Galloway, David Hiddleston and George Cohoon, being con-
victed by the said Justices on their view, the Under Sheriff was
charged with them and he took WTilliam White, David Hiddleston,
and George Cohoon in Custody, but George and William Galloway
resisted and having gat at some Distance from the Under Sheriff
they called to Us, " You may take our Land and Houses and do
what you please with them, we deliver them to you with all our
Hearts, but we will not be carried to Goal."

" The next morning being Wednesday the twenty-third of May,
the said Justices went to the Log House or Cabbin of Andrew Ly-
con, and finding none there but Children, and hearing that the Father
and- Mother were expected soon, and William White and others offer-
ing to become security jointly and severally, and to enter into Re-
cognizance as well for Andrews' Appearance at Court and imme-
diate rentoval as for their own. This Proposal was accepted, and
William White, David Hiddleston, and George Cohoon enter'd into
a Recognizance of One Hundred Pounds and executed Bonds to the
Proprietaries in the Sum of Five Hundred Pounds, reciting that
they were Trespassers and had no manner of Right and had deliv-
ered Possession to me for the Proprietaries, Then the Magistrates
went to the Log House or Cabbin of George and William Galloway
(which they had delivered up as aforesaid the Day before, after
they were convicted and were flying from the Sheriff; all the Goods
belonging to the said George and William were taken out and the
Cabbin being quite empty I took Possession thereof for the Proprie-
taries, and then a conference was held what should be done with the
empty Cabbin, and after a great Deliberation all agreed that if some
Cabbins were not destroyed they would tempt the Trespassers to re-
turn again, or encourage others to come there should these Tres-
passers go away, and so what was doing would signify nothing since
the Possession of them at such a Distance from the Inhabitants
could not be kept for the Proprietaries, and Mr. Weiser also giving
it as his firm Opinion that if all the Cabbins were left standing the In-
dians would conceive such a contemptible Opinion of the Govern-
ment that they would come themselves in the Winter, murder the
People and set the Houses on Fire ; On these Conditions the Cab-
bin by my Order was burnt by the Under Sheriff and Company.

" Then the Company went to the House possessed b}r David Hid-
dleston, who had enter'd into Bond as aforesaid, and he having
voluntarily taken out all the Things which were in the Cabbin and
left me in Possession, that empty and unfurnish'd Cabbin was like-
wise set on Fire by the Under Sheriff by my Order.

PROVINCIAL COUNCIL. 443

'•The next Day being the twenty-fourth of May, Mr. Weiser
and Mr. Galbreth, with the Under Sheriff and myself, on our Way
to the mouth of Juniata called at Andrew Lycon's, with Intent
only to inform him that his Neighbours were bound for his Appear-
ance and immediate Removal, and to caution him not to bring him-
self or them into Trouble by a Refusal; But he presenting a loaded
Gun to the Magistrates and Sheriff said he would shoot the first
man that dar'd to come nigher. On this he was disarmed, con-
victed, and committed to the Custody of the Sheriff. This whole
Transaction happened in the Sight of a Tribe of Indians who by
Accident had in the Night-time fix'd their Tent on that Plantation,
and Lycon's Behaviour giving them great Offence the Shickca-
lamies insisted on our burning the Cabbin or they would burn it
themselves. Whereupon, when every thing was taken out of it
(Andrew Lycon all the while assisting) and Possession being de-
liver'd to me, the empty Cabbin was set on Fire by the Under-
Sheriff and then Lycon was carried to Gaol. Mr. Benjamin
Chambers and Mr. G-eorge Croghan had about an hour before sepa-
rated from us, and on my meeting them again in Cumberland
County, they reported to me that they had been at Sheerman's
Creek or' Little Juniata, situate about six Miles over the Blue
Mountains, and found there James Parker, Thomas Parker, Owen
McKeeb, John McClare, Richard Kirkpatrick, James Murray, John
Scott, Henry Grass, John Cowan, Simon Grirtee, and John Kilaugh,
who had settled Lands and erected Cabbins or Log Houses thereon;
and having convicted them of the trespass on their own View, they
had bound them in Recognizances of the Penalty of One Hundred
Pounds to appear and answer for their Trespasses on the first Day
of the next County Court of Cumberland to be held at Shippens-
burgh; and that the said Trespassers had likewise enter' d into
Bonds to the Proprietaries in Five Hundred Pounds Penalty to re-
move off immediately with all their Servants, Cattle, and Effects,
and had delivered Possession of their Houses to Mr. G-eorge Ste-
venson for the Proprietaries Use; and that Mr. Stevenson had
order'd some of the meanest of those Cabbins to be set on Eire,
where the Families were not large nor the Improvements con-
siderable.

" On Monday, the twenty-eighth of May, we were met at Ship-
pensburgh by Samuel Smith, William Maxwell, George Croghan,
Benjamin Chambers, Robert Chambers, William Allison, William
Trent, John Finley, John Miller, Hermanus Alricks, and James
Galbraith, Esquires, Justices of Cumberland County, who inform-
ing us that the People in the Tuscoraro Path, in the Big Cove, and
at Aucquick would submit, Mr. Weiser most earnestly pressed that
he might be excused any further Attendance, having Abundance of
necessary Business do to do at Home ; and the other Magistrates,
tho' with much Reluctance, at last consenting, he left us.

" On Wednesday the thirtieth of May, the Magistrates and

444 MINUTES OF THE

Company being detain'd two Days by Rain, proceeded over the
Kittockttinney Mountains and enter'd into the Tuscoraro Path, or
Path Valley, thro' which the Road to Allegheny lies. Many Set-
tlements were found in this Valley and all the People were sent
for, and the following Persons appear'd, viz. : Abraham Slack,
James Blair, Moses Moore, Arthur Dunlap, Alexander McCartie,
David Lewis, Adam McCartie, Felix Doyle, Andrew Dunlap, Robert
Wilson, Jacob Pyatt, Jacob Pyatt, Junior, William Ramage, Rey-
nolds Alexander, Samuel Patterson, Robert Baker, John Arm-
strong, and John Potts, who were all convicted by their own Con-
fession to the Magistrates of the like Trespasses with those at
Sheerman's Creek, and were bound in the like Recognizances to ap-
pear at Court, and Bonds to the Proprietaries to remove with all their
Families, Servants, Cattle, and Effects; and having all voluntarily
given Possession of their Houses to me, some ordinary Log Houses
to the Number of eleven were burned to the Ground — the Tres-
passers, most of them chearfully and a very few of them with re-
luctance carrying out all their Goods. Some had been deserted
before and lay waste.

At Aucquick Peter Falconer, Nicholas Delong, Samuel Perry, and
John Charleton, were convicted on the view of the Magistrates,
and having enter'd into the like Recognizances and executed the
like Bonds, Charleton's Cabbin was burnt and Fire set to another
that was but just begun, consisting only of a few Logs pil'd and
fastened to one another.

" The like Proceedings at Big Cove against Andrew Donaldson,
John Macclelland, Charles Stuart, James Downy, John Macmean,
Robert Kendell, Samuel Brown, William Shepperd, Roger Mur-
phy, Robert Smith, William Dickey, William Millican, William
Macconnell, Alexander Macconnell, James Campbell, William Car-
rell, John Martin, John Jamison, Hans Patter, John Maccollin,
Adam Macconnell, James Wilson, and John Wilson, who coming
before the Magistrates were convicted on their own Confession of
the like Trespasses as in the former Cases, and were all bound over
in the like Recognizances and executed the like ' Bond to the Pro-
prietaries. Three waste Cabbins of no value were burnt at the
North End of the Cove by the Persons that claim'd the right to
them.

The Little Cove and Big and Little Conolloways being the only
Places remaining to be visited, as this was on the Borders of Ma-
ryland the Magistrates declin'd going there, and departed to their
Homes. The next Day several of the Inhabitants of the Little
Cove came to me at Philip Davies and gave me a Petition addressed
to the Governor, purporting That they were settled to the North of
the Temporary Line in the Province of Pennsylvania, Westward to
the Place where that Line was left off, and pray'd that his Honour
might suffer them to remain there till the Line should be extended

PROVINCIAL COUNCIL. 445

and the Purchase made of the Lands from the Indians. Finding
the Petition signed only by a few I returned it, telling them when
it was signed by more if it should appear to me that they were
North of the Temporary Line I would recommend their Case to the
Governor, but that if they were settled to the South of the Tempo-
rary Line they were in the Jurisdiction of Maryland and this Gov-
ernment would have nothing to do with them, adding that what had
been done was solely with a View to prevent an Indian War, and
was undertaken as much to serve the neighbouring Colonies as our
own ) That there was a good Harmony subsisting between the Gov-
erments of Pennsylvania and Maryland, and I hop'd it would always
continue, and recommended it to them earnestly not to have Re-
course to this Government if they were to the South of the Line, or
if they were really to the North of it that they would give no Um-
brage to Maryland, but behave friendly and be sure to avoid crea-
ting any Cause of Complaint from the Governor of Maryland.

" I have truly related the several Matters of Fact in the Order
they were done by the Magistrates as well as myself, but I should
not do Justice to myself or Mr. Weiser, in whom your Honour
placed the same Confidence and whom I principally consulted about
the mode of executing your Commands, if I should close my Re-
port here without giving the History of these settlements, and
shewing upon what solid and just Reasonings our Proceedings were
founded. Your Honour will therefore indulge me in laying this Mat-
ter particularly before you, that it may appear we have acted a right
and dutiful Part to the Government and a kind and affectionate
Part to these indiscreet People.

" About the year 1740 or 1741, one Frederick Star, a German,
with two or three more of his Countrymen, made some small settle-
ments at the very same Place where we found William White, the
Galloways, and Andrew Lycon, which were discovered by the Dela-
wares at Shamokin to the Deputies of the Six Nations as they came
down to Philadelphia in the Year 1742, to hold a Treaty with this
Government, and they were so disturbed at it as to enquire with a pe-
culiar Warmth of Governor Thomas if these People had come there
by the Orders or with the Privity of the Government, alleging that
if it was so this was a Breach of the Treaties subsisting between the
Six Nations and the Proprietor William Penn, who in the most
Solemn Manner had engaged to them not to suffer any of the Peo-
ple to settle Lands till he had purchased them from the Council of
the Six Nations. The Governor, as he might with great Truth dis-
own any knowledge of these Persons' Settlements, and on the In-
dians insisting that they should be immediately thrown over the
Mountains, he promised to issue his Proclamation, and if this had
no effect to put the Laws in Execution against them. The Indi-
ans in the same Treaty publickly express' d very severe Threats
against the Inhabitants of Maryland for settling Lands for which

446 MINUTES OF THE

they bad received no Satisfaction, and said if they would not do
them Justice they would do Justice to themselves, and would cer-
tainly have committed Hostilities if a Treaty had not have been set
on Foot between Maryland and the Six Nations under the Media-
tion of Governor Thomas, at which the Indians consented to sell the
Lands and receive a valuable Consideration for them, which put an
End to the Danger.

" The Proprietaries were then in England, but observing on
perusing the Treaty with what asperity they had expressed them-
selves against Maryland, and that the Indians had just Cause to
complain of the Settlements at Juniata so near Shamokin, they
wrote to their Governor in very pressing Terms to cause those Tres-
passers to be immediately removed ; and both the Proprietaries and
Governor laid their Commands on me to see this done, which I
accordingly did in June, 1743, the Governor having first given
them Notice by a Proclamation served upon them.

" At that time none had presumed to settle at a Place called the
Big Cove (having this Name from its being enclosed in the Form
of a Bason by the furthermost Range of the Kittochtinny Hills and
the Tuscoraro Hills, which last end here and lose themselves in
other Hills), This Big Cove -is about five miles North of the Tem-
porary Line, and not far to the West of the Place where the Line
terminated. Between the Big Cove and the Temporary Line lies
the Little Cove, so called from being likewise encircled with Hills ;
and to the West of the Little Cove towards Patowmec lie two or
three other Places called the Big and Little Conolloways, all of
them situate on the Temporary Line, was it to be extended towards
Patowmec. In the Year 1741 or 1742 Information was likewise
given that People were beginning to settle in these Places, some
from Maryland and others from this Province. But as the two Gov-
ernments were then not on very good Terms, the Governor did not
think it proper to take any other Notice of these Settlements than
to send the Sheriff to serve his Proclamation on them, tho' it gave
ample Occasion to lament the vast Inconveniences which attend un-
settled Boundaries. After this the French War came on, and the
People in those Parts taking Advantage of the Confusion of the
Times, by little and little stole into the Great Cove, so that at the
End of the War it was said thirty Families had settled there, not
however without frequent Prohibitions on the Part of the Govern-
ment, and Admonitions of the great Danger they run of being cut
off by the Indians, as these Settlements were on Lands not pur-
chased of them. And at the Close of the War Mr. Maxwell, one
of the Justices of Lancaster County, delivered a particular Message
from this Government to them, ordering their Removal, that they
might not occasion a Breach with the Indians; but it had no effect.

" These were, to the best of my Remembrance, all the Places
settled by the Pennsylvanians in the unpurchased Part of the

PROVINCIAL COUNCIL. 447

Province till about three years ago, when some Persons had the
Presumption to go into the Path Valley or Tuscoraro Gap, lying to
the East of the Big Cove; and into a Place called Aucquick, lying
to the Northward of it, and likewise into a Place called Sherman's
Creek, lying all along the Waters of Juniata, and is situate East of
the Path Valley, thro' which the present Road goes from Harris'
Ferry to Allegheny, and lastly they extended their Settlements to
Big Juniata; the Indians all this while repeatedly complaining that
their Hunting Ground was every Day more and more taken from
them, and that there must infallibly arise Quarrels between their
Warriors and these Settlers which would in the End break the
Chain of Friendship, and pressing in the most importunate Terms
their speedy Removal. The Government in 1748 sent the Sheriff
and three Magistrates with Mr. Weiser unto these Places to warn
the People ; but they notwithstanding continued their Settlements
in Opposition to all this, and as if these People were only prompted
by a Desire to make Mischief, settled Lands no better/nay not so
good as many vacant Lands within the purchased Parts of the
Province.

" The Bulk of these Settlements were made during the Admin-
istration of President Palmer, and it is well known to your Honour,
tho? then in England, that his Attention to the Safety of the City
and the Lower Counties would not permit him to extend more
Care to Places so remote.

"In these Circumstances Matters stood between the. Indians and
this Province when the Six Nations came last Summer to visit the
Government on the Closing of the War, and to receive a Present in
Reward of their Fidelity. At this Treaty they renewed their Com-
plaints of the Injuries received by these Encroachments on their
hunting Grounds, and peremptorily insisted on the Removal of the
Intruders ; and your Honour, as an Expedient to quiet them, pro-
posed a Purchase of those Lands from the Indians, signifying to
them that it would be more agreeable to you to buy them (as the
Cause of Complaint principally arose there) than any other; but
they absolutely refused, and instead thereof made an Offer of about
two Millions of Acres on the East Side of Sasquehannah, saying the
People might go and settle there, which was accepted and a Sum
of Money paid them down ; and thereupon a Proclamation was
issued to warn the People against continuing or settling on any un-
purchased Land over Sasquehannah on the severest Penalties ; but
this making no Impression, your Honour issued Orders to me and
Mr. Weiser to effect their Removal.

" I leave it to Mr. Weiser (as he was joined with me by your
Honour) to make his own Report, and shall only observe, that in
all our Consultations he (who is Indian Interpreter for Virginia and
Maryland as well as this Province, and must be supposed to know
the Minds of the Indians the best) proceeded on this as a certain

448 MINUTES OF THE

Truth, that if we did not in this Journey entirely remove these
People it would not be in the Power of the Government to prevent
an Indian War; and that as the neighbouring Provinces were as
much concerned in this Event as ourselves, he recommended it to
the Magistrates either not to go, or to act with the utmost Spirit,
and his arguments were so convincing that all the Magistrates
determined to go in a Body.

"I had furnish'd myself with blank Convictions and Mittimus',
settled by the Attorney General on the Act of Assembly intituled
' a Supplementary Act, &"•'' and had taken his Instructions, and
was determined to proceed by Conviction, Fine, and Imprisonment ;
but when on the very first attempt to convict and imprison the two
Galloways fled from the Sheriff, it then appeared very plain to
every body that this Method would not answer, and that if the
Trespassers, who were more numerous in other Parts, should
believe they were to be carried to be Prison, they would either
unite and with a superior Force resist the Magistrates, or they
would flee from Justice; 'and, in short, that the whole Design must
infallibly miscarry.

" And it was remembered that in a similar Case on Complaint of
the Indians in the Year 1721, the Magistrates residing in that Part
of the Province did, by order of the then Governor, burn and
destroy the Houses and Habitations of certain Settlers on Lands on
the West side of Sasquehannah without Right. On this the Per-
sons in Custody were told that they should deliver Possession of
their Places to me, and become bound in a Bond to the Proprietaries
in Five Hundred Pounds, conditioned to move off with all their
Cattle, &ca' and that in the Condition they should acknowledge they
had given Possession to me for the Proprietaries, and were told at
the same time that some Cabbins must be burnt. With this they
were satisfied, and chearfully executed the Bonds, and expected that
as their Cabbins did now belong to the Proprietaries the Person in
Possession for them might do what he pleased with them, and that
some, if not all, would be destroyed.

" At the Path Valley, and indeed at all other places, the Of-
fenders were got together and were told by the Magistrates before
hand what was intended to be done and that all the new settled
Cabbins would be burnt. After they were told this they executed
the Bonds, thereby putting me into Possession, and very chearfully
and voluntarily took everything out of their Log Houses and as-
sisted in burning them. In truth, all submitted in every Place ex-
cept the two Galloways and Andrew Lycon; and even the two
Galloways came voluntarily after their Cabbin was burnt and sur-
rendered their Persons and entered into Bonds, and expressed
Satisfaction at what had been done to their Cabbin, saying That if
the Indians were determined they should not stay there it was bet-
ter to be away directly, as it was Summer Time and mild weather.

PROVINCIAL COUNCIL. 449

Finding such a general submission, and verily believing the Evil
would be effectually taken away, there was no Kindness in my Power
which I did not do for the Offenders, giving them Money where
they were poor, and telling them they might go directly on any
Part of the two Millions of Acres lately purchased of the Indians ;
and where the Families were large, as I happened to have several of
my own Plantations vacant I offered them to stay on them Rent
free till they could provide for themselves ; then I told them that
if after all this Lenity and good Usage they would dare to stay
after the Time limited for their Departure, no mercy would be
shewed, but that they would feel the whole Rigour of the Law.

" It may be proper to add, that the Cabbins or Log Houses which
were burnt were of no considerable Value, being such as the Coun-
try People erect in a Day or two, and cost only the Charge of an
Entertainment.

" Thus I have given your Honour a full Relation of this whole
Transaction, humbly hoping the Part I have acted therein will meet
with your Approbation, and that it will have the desired good Effect
in removing the Trespassers and prevent their returning to their
Settlements, and any future Clamours -or Complaints from the In-
dians on that Head, and am

" Your Honour's most obedient humble Servant.

"RICHARD PETERS.
"Philadelphia, July 2d, 1750."

The Governor was inform' d by Mr. Montour that two or three
Traders had been killed within these two Years by the Indians;
that the Murderers were not under the least Censure for them, and
that the Traders, contrary to their Duty, and to the manifest danger
of the Lives of his Majestie's Subjects, had made no complaint to
his Honour of these Murders ; that he cou'd not tell whether the
Facts were committed in Virginia or this Province, but in which-
ever Province if no notice was taken of it by this Government, it
might occasion the shedding of abundance of innocent Blood, and
prove of fatal Consequence ; whereupon his Honour drew up the
following Message, and gave it in charge to Mr. Montour to deliver
it, and to observe all the Forms and Ceremonies used in delivering
such Messages, so that the Complaint might go with the greatest
Force j and if any Expression be omitted necessary and usual on
such occasions that he should supply it :

" To the Indians of the Six Nations, Shawonese, Delawares, and

others living at Ohio.
" Brethren :

" I was surprised by some of my People who lately came from
Ohio with the News that two or three of them had been killed by
you within these few Years, and that no manner of notice was taken
vol. v. — 29.

450 MINUTES OF THE

of the Murders by you. You must be sensible that to see the Blood
of our own People is aggravating and is sometimes of dangerous
Consequence, if proper care be not taken by the wise men of the
Place where it is shed. I must, therefore, charge you to make a
strict enquiry what occasioned the Blood of my People, for you
cannot expect, according to the Law of Nations, that I can treat
with you on friendly terms till you have brought the Murderers to
Justice. I have been informed that some of you said one of the
persons killed was a Virginian, and this would not draw on you the
anger of the Government of Pennsylvania, but I must tell you that
to hurt or kill any of the Inhabitants of that Province will give us
equal concern, equal offence, as if it was one who lived in my Gov-
ernment, we are all one People — there is no difference between us,
and if any one be hurt all ought to resent it, and will do it you
may depend upon it."

A String of Wampum.

The Governor then laid before the Board his Answer to the
Message from the Twightwees or Miamis sent by Mr. Hugh Craw-
ford, which is enter' d in the first part of this Minute.

"A Message from the Governor to the Twightwee Nation.
11 Brethren the Twightwees or Miamis :

" I have received Four Strings on Behalf of Four of your Na-
tions by Mr. Hugh Crawford, and your Message purporting that
a Number of French and French Indians came to your Towns last
Summer, and by Perswasions and Presents, and when these were
rejected by Menaces, endeavour' d to shake your friendship for us,
but all to no purpose; and that you were determined to continue
faithful to us and desired more traders may be sent with goods into
your Country.

" I have repeated the Message that you may know what was de-
livered to me by Mr. Crawford, and in answer I assure you, on
behalf of this and the other English Governments, to whom I shall
communicate your Message, that we have a grateful Sense of your
Attachment to us, and desire our Alliance may be as strong as the
strongest Mountain, and endure while the Sun shines and the Rivers
run. I have proposed it to some of the best of our traders to carry
on commerce with you, and to sell you their Goods at as easy a
price as they can afford, and by all means to cultivate a good un-
derstanding with you, and they seem willing to do it ; but as your
towns are at a great distance from the Six Nations, and that several
of your Tribes seem still to be firmly attached to the French, the
traders cannot help expressing their apprehensions of the great
danger their is in being intercepted either in their passage to or
return from your country ; and that unless some measures be con-
certed to preserve the road safe and commodious for their persons
and effects it will not be possible to extend their Trade into countrys

PROVINCIAL COUNCIL. 451

so remote to any great degree. I mention this with the more
earnestness as I have lately received information that two of our
traders going from .the Logs' Town to the Twightwees, about three
hundred miles from the first place, were either killed, taken by the
French or Indians, and that a Party of French Indians have killed
fourteen of our people belonging to Carolina, I say our people, for
the inhabitants of Carolina, Virginia, Maryland, this Province, and
New York, are all one people, and if any be obstructed, robbed,
or killed, all of us are equally affected, and must resent it alike.
Some other stories are likewise told us, which if true make it
evident that the road is by no means safe to travel.

ti "We give you four Strings of Wampum in acknowledgement of
your professions, and thereby assure you that we desire to bind the
chain of Friendship between us as firm as it can possibly be."

Here give a string of four rows of Wampum,

" Inasmueh as the road is insecure, and the traders make a diffi-
culty of travelling in it while it is so, we give you this belt to
remove out of it every thing that renders it dangerous."

Here a belt of Wampum of eight rows.

11 There is a hearty inclination in the English Governments
towards all the Twightwee Nations, and it would be a pleasure to
them to have an opportunity of showing you the many advantages
which would accrue to you from your alliance with the English.
If I receive tke answer from the other Governors time enough to
send it this fall I will transmit it to you, if not you may expect it
early in the Spring.

"Philadelphia, 27th August, 1750."

At a Council held at Philadelphia, Monday, the 8th August,

1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Thomas Hopkinson, \

William Logan, Richard Peters, V Esqrs.

Joseph Turner, J

The Minutes of the preceding Council were read and approved.

The Governor informed the Board that on the Receit of Mr.
Peters' Report of the Proceedings against the Trespassers over the
Hills, he had thought proper to write a Letter to the Justices of
Cumberland County, commending them for their Zeal shewed on
this occasion, and recomending it to them that the Recognizances
which they had taken might punctually be put in execution against

452 MINUTES OF THE

all of the Trespassers which should incur the forfeiture, to the end
that all persons might hereafter be deterred from such illegal and
dangerous Settlements; And that in answer to his letter he had
received one from the said Magistrates wrote at their Court held
last week at Shippensburg, which with some Informations and
Petitions he ordered to be read and enter' d :

A Letter from the Justices' of Cumberland County to the Governor.

" Cumberland, July 25th, 1750.
" Honoured Sir :

u Your favor of the 13th instant we have received with the Re-
cognizances of the Trespassers on the unpurchased Lands. We
shall proceed to return the Recognizances of such of them that have
not removed agreeable to their Promises and Bonds. The Recogni-
zances of such of them as have removed off the Lands we humbly
judge it most prudent not to return. Inclosed we send you a letter
which we received from the Inhabitants of the Great Cove — think
it inexpedient for us to determine in a matter of such importance ;
but in the mean time we have written an answer to them, a Copy
whereof we also send.

" We are credibly inform' d that Mr. Delany at last Court held at
Frederick's Town, speaking of the Conduct of our Government to-
wards the Trespassers on the uupurchased Lands to the Northward
of the Kittochtinny Hills, said in Public Company 'that if the
people of the Great and little Coves would apply to Maryland they
might have Warrants for their Lands, and if those of the Tuscoraro
Path Valley would apply to Virginia he did not doubt but they
might obtain Rights there/ We are determined to take the Depo-
sitions of those who give us such like Informations for the future,
Whatever is our duty to do in this or any other publick affair we
humbly assure your Honour we shall always be ready to do to the
best of our knowledge. We wait for instructions in these difficult
matters, and in the mean time beg leave to subscribe ourselves
" Your Honour's most obedient and most humble Servant,

"SAM1- SMITH,

" By order of the Justices/'

Copy of the unsiyn'd Paper mention' d in the above Letter,

" To whom it may concern — this from the Inhabitants of the
Great Cove : This is to acquaint your Honours the great difficulty
that we labour under, as we always was subject to the Government
of Pennsylvania and their Laws, and desired to live so, and put our-
selves under your mercies by complying to your Authorities. Will.
Shepherd was in Maryland and got a Warrant for one hundred

PROVINCIAL COUNCIL. 453

Acres of Land in the little Cove, and was urged to take a Warrant
for his Place in the Big Cove, and might have Warrants for all the
Inhabitants there, and six Years to pay the purchase of said Land
on easy terms. It is our desire to make our redress to your Hon-
ours for your directions what we shall do as speedily as possible,,
for if we do not comply with Maryland Offers we are afraid that
some of their Gentlemen will soon deprive us of any Privilege in
either Province. We hope your Honours will consider our Case
and send us an Answer. From your distressed Friends and hum-
ble Servants.

"GREAT CO YE, July the 21st, 1750.
" To Samuel Smith, Esquire, and his Brethren."

Copy of the letter sent by the Justices of Cumberland County to
the Inhabitants of the Great Cove in answer to their unsigned
Paper*

a Cumberland, July 25th, 1750.

u Gentlemen :

* We received yours of the 21st instant, to which we cannot give
you a full answer, because your case lies properly before our Gov-
ernment and our Honourable Proprietaries Commissioners of Pro-
perty, and not before us. We have, therefore, sent your letter to
our Governor, and when his answer comes to us we shall communi-
cate it to you- As you declare in your Petition that you have
heretofore been subject to the Laws of this Province, and claim the
Benefits and Privileges of our good Constitution for the future, all
which we think you have a right to, and as we are sensible you are
settled to the Northward of the Temporary Line, we make no doubt
but the Governor, considering your Petition, will be of our opinion ;
and in the mean time any Services in our power you may expect
from,

" Gentlemen, your assured Friends..

" To the Inhabitants of the Big Cove, In Pennsylvania."

'" The Petition of the Settlers of the Little Cove on the Temporary

Line,
u To the Honourable Thomas Penit and Richard Penn, Esquires,
true and absolute Proprietaries of the Province of Pennsylvania,

<&ca-

11 The Petition of the Subscribers, Inhabitants of small Tracts of
Land situate Westward of the Kittochtinny or Blue Hills, at a
Place known by the Name of the Little Cove and Conolloway's
Creeh, humbly sheweth :

u Whereas, sundry Inhabitants of the Province of Maryland (some

454 MINUTES OF THE

of 'em vested with Authority) clivers times within these three
Years past have attempted to survey and take possession of the
aforesaid Tracts, being at or near where the Temporary Line when
extended will run, as we believe ) We, therefore, willing to live under
the Protection of the good Constitution and Government of the
Province of Pennsylvania, have hitherto prevented the various At-
tempts of the People of Maryland, and have presumed to seat our-
selves, and have made small improvements on the said Lands.

" As we have done this purely to defend it from the People of
Maryland, and not in Contempt of the Laws of the Province of
Pennsylvania nor the Governor's Proclamation, we humbly pray
that we may be permitted to live on our respective Improvements
at least untill the Temporary Line shall be extended.
" And your Petitioners shall pray, &ca.

"JOSEPH COOMBE, his

his " CHARLES C WOODS,

"JOHN J HERROD, mark

mark " HENRY PEIRSON,

"WILLIAM JAMES, "GEORGE REES,

his his

" THOMAS T YATES, " WILLIAM W M MORGAN,

mark mark

" LEWIS WILLIAMS, his

"ELLAS STILWELL, "JOHN 4 LLOYED,

"JOHN MESSER, mark

his his

"JOAN 2 NEWHOUSE, "LEVI f MOORE,

mark mark

"REES SHELBY, "JOHN GRAHAM,

his "WILLIAM LIN,

"WILLIAM 0 LOFTON, "ANDREW COOMBS,
mark "JOHN POOLK,

" THOMAS HUSTON."
After this the Governor order' d to be read the Draught of what
he proposed to say to the Assembly, who by their Adjournment
were to meet to day, and desired that if they could think of any
thing else necessary to be said they would mention it, but no
Member offering any thing it was order'd to be transcribed fair and
delivered to the House to-morrow.

A Message from the Governor to the Assembly.
" Gentlemen:

" Finding that the Proclamation which I issued last Summer on
the Complaints of the Deputies of the Six Nations against such as
had presumed to settle on their unpurchased Lands had no Effect,
I thought it dangerous to suffer any longer such an open Contempt
of the Authority of Government, and therefore gave orders that

PROVINCIAL COUNCIL. 455

the Laws should be strictly put in Execution against them ; And
from a Report of the Proceedings of the Magistrates appointed for
that Service which will be laid before you, I thought there would
have been no more cause of Complaint on this Head, but by a
Letter I received the last Week from the Magistrates of Cumber-
land County, it looks as if such as were then spar'd have been
since spirited up to stay, and that there will be an absolute Neces-
sity of taking still farther measures against them.

" The Accounts from Ohio mention that the French still continue
their Threats against the Indians who carry on Commerce with our
Traders ; that they are frequently alarmed as if the French were
approaching in a military Manner, and therefore keep themselves
upon their Guard, but as nothing hostile has hitherto been at-
tempted, I am in hopes this may blow over and the French, from
the Caution and Unanimity of the Indians in our Alliance, be
obliged to alter their Measures.

11 1 have received two or three different Messages from the
Twightwees J in their last they tell me that they have withstood
the Solicitations of the French, and as a Proof of their attachment
to us have refused their Presents, intimating at the same time that
as they take nothing from them they would be pleas' d to receive
some testimony of our Regard. And I am really of opinion that
since so large an addition is made to the Trade of the Province by
their Means, it would be for his Majestie's as well as the Countries
Service if a small Present was sent to them by some Persons of
Character who go to trade in those Parts.

" When Mr. Weiser left Ohio he committed several Matters of
Consequence to Andrew Montour, finding that the Indian* esteemed
him and placed great Confidence in him ; this gave him a sort of
publick Character which has put him to some Trouble and Ex-
pence, as you will see by his Accounts which I have order'd to be
laid before you, and which have been perused and allowed to be
true by Mr. Weiser ; I therefore recommend it to you that you will
be pleased to make Mr. Montour a suitable Recompence for his
Services. The Indians of those Parts are not of the most prudent
Behaviour, and therefore it seems necessary there should be always
among them some discreet Person who by his Influence may be able
to regulate their Conduct and keep them firmly attached to the
British Interest, more especially at a time when the French leave
no means unattempted to alienate their affection from us, and to
exclude us from any share of the Benefit of trading with them.
Such a Person I take Mr. Montour to be, and as he resides at Ohio
he will, I am persuaded, upon a proper Recompence be always
ready and willing to serve this Province to the utmost of his power.

"JAMES HAMILTON.

" August 8th, 1750."

456 MINUTES OF THE

At a Council held at the Council Chamber, Tuesday the 9th Au-
gust, 1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, ^

Robert Strettell, Joseph Turner, ! ^

Thomas Hopkinson, William Logan, <

r

Richard Peters.

The Minutes of the preceding Council were read and approv'd.

The Governor having received a Message by Six Members that
the House met yesterday according to adjournment, chose their
Speaker, and desired' to know when they might present him, ap-
pointed them to attend him at eleven o' Clock in the Council Cham-
ber, and as it was now that time the Secretary was ordered to tell
the House that the Governor required their attendance in this Place
immediately. The House, with Isaac Norris, Esquire, at their
head, attended accordingly, and Mr. Norris addressing the Gov-
ernor spoke as follows : " May it please the Governor, The House of
Representatives at their Meeting yesterday, agreeable to their Ad-
journment, found themselves under an irreparable Loss by the
Death of their late Speaker, whose Knowledge in the Laws render' d
him excellently well qualified for that Trust, and proceeded to the
Choice of another, which Choice had fallen on him, but inasmuch
as there were many Members much better qualified than he for
this Trust, he pray'd the Governor would be pleased to desire the
House to reconsider their Choice and appoint some fitter Person;
but the Governor saying the House had made a good Choice and
such as he approved, Mr. Norris proceeded, saying since the Gov-
ernor would not gratify his Request, though he still thought it
a reasonable one, but approved the Choice of the House, as the
Privileges of the House had been claimed by the late Speaker at
the Beginning of the Year, he had nothing to mention now but
what was personal, to wit, that his own unwilling mistakes might
be excused and not imputed to the House ; to which the Governor
was pleased to answer it was a Right that ought to be observed."
Upon which the House withdrew.

The Governor then reminded the Council that the House in
their last January Session had presented to him- for his Concur-
rence a Bill for the regulating the Probate of Wills within this
Province; that he had detained it till now, in hopes of altering it
so as to make it useful, but on considering it attentively and fre-
quently he dislik'd it exceedingly and proposed to return it with a
verbal Message by the Secretary; uThat the Bill abolishes long
settled Modes of trying last Wills and Testaments and Jurisdictions,

PROVINCIAL COUNCIL. 457

established under the Royal Charter and by two Acts of Assembly,
and creates new Jurisdictions, with such unlimited Powers that the
Conscquencss to the People cannot easily be foreseen; That as the
Bill now stands the Governor is apprehensive it may subvert Es-
states real, held by former Wills, render Purchases under future
Devises precarious, and so endanger Executors and Administrators
that no man can hereafter safely undertake these Trusts ; That sup-
posing the Grovernor and Assembly should think convenient to
carry the principal Designs of the Bill into a Law, yet if his Ap-
prehensions are well-founded the Bill will need so many Alterations
and additional Clauses to avoid the Inconveniences and not incur
others, that he inclines to think it a Subject proper for a time of
more leisure, when the House can give it all the Attention an Affair
of such Importance requires;" Which was approved and the Bill
ordered to be returned accordingly."

At a Council held at Philadelphia, Thursday the 16th August,
1750.

PRESENT I

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Joseph Turner, Richard Peters, Esquires.

The Minutes of the preceding Council were read and approved.

The Governor having received from his Grace the Duke of Bed-
ford, one of his Majestic' s Principal Secretaries of State, a printed
Act of Parliament lately made and Entitled " An Act to encourage
the Importation of Pig and Bar Iron from his Majesty's Colonies
in America, and to prevent the Erection of any Mill or other En-
gine for Slitting or Rolling of Iron, or any Plating Forge to work
with a Tilt Hammer, or any Furnace for making Steel in any of the
said Colonies," The same was read, and likewise a Proclamation
proposed to be published in relation thereto, which was approved.

"By the Honourable JAMES HAMILTON, Esqr., Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania and Counties of New Castle, Kent, and Sussex, on Dela-
ware :

"A PROCLAMATION.
" Whereas, By an Act of Parliament passed in the Twenty-Third
Year of his Majestie's Reign, entituled ' An Act to encourage the
Importation of Pig and Bar Iron from his Majestie's Colonies in
America, and to prevent the Erection of any Mill or other Engine
for slitting or rolling of Iron, or any plating Forge to work with a
Tilt Hammer, or any Furnace for making Steel in any of the said
Colonies/ it is enacted ' That from and after the Twenty-Fourth

458 MINUTES OF THE

Day of June, in the Year of our Lord One Thousand Seven Hun-
dred and Fifty, every Governor, Lieutenant Governor, and Com-
mander in-Chief of any of his Majestie's Colonies in America shall
forthwith transmit to the Commissioners for Trade and Plantations
a Certificate under his Hand and Seal of Office, containing a par-
ticular Account of every Mill or Engine for slitting and rolling of
Iron, and every plating Forge to work with a Tilt Hammer, and
every Furnace for making Steel at the Time of the Commencement
of this Act erected in his Colony, expressing also in the said Certi-
ficate such of them as are used, and the Name or Names of the
Proprietor or Proprietors of each such Mill, Engine, Forge, and
Furnace, and the Place where each such Mill, Engine, Forge, and
Furnace is erected, and the Number of Engines, Forges, and Fur-
naces in the said Colony.' To the end, therefore, that I may be the
better enabled to obey the Directions of the said Act, I have thought
fit with the Advice of the Council to issue this Proclamation, hereby
enjoining and requiring the Proprietor or Proprietors, or in case
of their Absence the Occupiers of any of the above-mentioned
Mills, Engines, Forges, and Furnaces erected within this Province,
to appear before .me at the City of Philadelphia on or before the
Twenty-First day of September next, with proper and ample Testi-
monials of the Rights of such Proprietor, Proprietors, and Occu-
piers therein, and sufficient Proofs whether the said Mills, Engines,
Forges, and Furnaces, respectively, were used on the said Twenty-
Fourth Day of June or not. A.nd I do further hereby require and
command the Sheriff of every County in this Province, respectively,
on or before the said Twenty-First Day of September to appear be-
fore me at the City of Philadelphia aforesaid, and then and there
by Writings under their Hands and Seals to certify and make known
to me every Mill or Engine for slitting and rolling of Iron, every
plating Forge to work with a Tilt Hammer, and ever Furnace for
making Steel which were erected within their several and respec-
tive Counties on the said Twenty-Fourth Day of June, and the
Place and Places where the same were erected, with the Names of
their reputed Proprietor or Proprietors, and the Occupiers of them
and every of them j and whether they or any of them were used on
the said Twenty-Fourth Day of June or not, as they and each of
them will answer the contrary at their Peril.

" Given under my Hand and the Great Seal of the Province of Penn-
sylvania, at Philadelphia this Sixteenth Day of August, in the
Twenty-Fourth Year of the Reign of our Sovereign Lord, George
the Second, King of Great Britain, France, and Ireland, &c,
and in the Year of our Lord 1750. *

" JAMES HAMILTON.
" By his Honour's Command,

" Richard Peters, Secretary. t

"GOD SAVE THE KIN J."

PROVINCIAL COUNCIL. 459

An Act entitled " A Supplementary Act to the Act intituled 'An
Act for preventing the Exportation of Bread and Flower not mer-
chantable, and for the new Appointment of Officers to put the said
Law in Execution/ " having been delivered to the Governor by two
Members for his Concurrence, it was read once over and then Para-
graph by Paragraph, and agreed to, and sent by the Secretary to
the House with a Message that the. Governor would pass it when it
should be presented to him for that Purpose.

A Message from the House in Answer to the Governor's of the
eighth Instant was read.

" May it please the Governor :

" The Governor's Care in issuing his Proclamation last Summer,
' upon the Complaints of the Deputies of the Six Nations against
such as had settled on their unpurchased Lands/ and the Measures
he has since taken to prevent all Cause of Complaint, appear to
us prudent and absolutely necessary j and we hope the Lenity shewn
towards such as 'were then spared' in Commisseration of their Cir-
cumstances, and on their Bonds to remove in a very short time,
may not be attended with any ill Consequences ; And this we have
the more Reason to expect as we are now informed the Lord Chan-
cellor has lately given a Decree in favour of our Proprietaries which
may settle the Boundaries between us and our neighboring Colony,
and put an End to any ill Offices or future Quarrels between us on
that Account. But should those Settlers who have been so tenderly
dealt with unhappily suffer themselves to be ' spirited up to stay/
and by that means not only continue the Cause of Complaint them-
selves, but by their Example draw others to return to the old or
any other Settlements, as this would be highly ungrateful and ' act-
ing in open Contempt of the Government/ and might involve the
whole Province in great Difficulties and themselves and their Fam-
ilies in Destruction, we desire the Governor world ' strictly put the
Laws in Execution against them ) and if any further Assistance of
ours should be necessary in an Affair of such Importance to the
Peace of the Province, we shall readily contribute whatever can
reasonably be expected from Us.

" Tho' the ' Accounts from Ohio mention that the French still
continue their Threats against the Indians who carry on Commerce
with our Traders/ and ' that they are frequently alarmed as if the
French were approaching in a military manner/ yet as they keep
themselves upon their Guard, and ' as nothing hostile has hitherto
been attempted/ we hope with the Governor * this may blow over/
And, from the Caution and Unanimity of the Indians in our Alli-
ance, the French may be obliged to alter their Measures.

" Ever since the Twightwees upon their earnest Sollicitations, and
by the Intercession of the Six Nations, became our Allies, we have
taken them under our Notice, and as such have made them Sharers

460 MINUTES OF THE

in our Presents. However, since they have withstood the Solicita-
tions of the French, as they engaged themselves to do by the Treaty
at Lancaster, and as they have refused to receive any Presents from
them in Proof of their Attachment to Us, at the same time inti-
mating L they would be pleased to receive some Testimony of our
Regard ;' and as on their Admission to our Alliance the Deputies
of the Six Nations candidly informed us tho' they were numerous
and worthy of our Friendship 'yet they were poor/ we are of
Opinion, considering the Service they may be of to us, and 'the
large Addition which is made to the Trade of this Province by
their means/ it may be prudent, and accordingly we have agreed to
make them some ' small Present' at this time.

u The Accounts from Andrew Montour, which have been laid be-
fore us by the Governor's Order are under our Consideration, and
we think it reasonable to make him such allowance as shall appear
a 'suitable Recompence for his Services.' The Esteem he is in
with the Indians, the great Confidence they place in him, his Dis-
cretion and Residence at Ohio, are good Reasons for the Governor's
recommending him to our Notice. Such a Person we judge must
be of Use to influence their Conduct and keep them firmly attached
to the British Interest. And as he is ready and willing to serve
the Province to the utmost of his Power, he deserves to be encour-
aged, especially as the Indians of those Parts are not of the most
' prudent Behaviour, and at a Time when the French leave no Means
unattempted to alienate their Affection from us, and exclude us
from any Share of the Benefits of trading with them.'
" Signed by Order of the House.

« ISAAC NORRIS, Speaker.

"15th August, 1750."

At a Council held at Philadelphia, Saturday the 18th August.
1748.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Robert Strettell, Joseph Turner, ~\

Thomas Hopkinson, William Logan, > Esqrs.

Richard Peters, J

The Minutes of the preceding Council were read and approv'd.

The Governor informed the Board that on receit of a Message
from the House that the Flower Bill which was engross'd might be
examin'd by some Members of Council, and that he would please
to appoint the Time for their presenting it to him in order to be
enacted into a Law, he had appointed Mr. Strettell and Mr. Peters

PROVINCIAL COUNCIL. 461

to compare the Engross'd Bill with the Copy, and had likewise
ordered the House to wait on him at eleven this morning; where*
upon the Secretary was sent with a Message requiring their imme-
diate Attendance.

And the House attending accordingly, the Speaker presented to
his Honour the Bill entitled a Supplementary Act to the Act in-
tituled " An Act for preventing the Exportation of Bread and Mower
not merchantable, and for the new Appointment of Officers to put
the said Law in Execution ;" which was enacted into a Law. Then
the Speaker presented the Governor with an Order on the Treasury
of Four Hundred Pounds for his Support, for which he return'^
the House his Thanks.

At a Council held at Philadelphia, "Wednesday, 19th September,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, "]

Joseph Turner, Thomas Hopkinson. f Esqrs.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Governor having received some Intelligence of Consequence
relating to the Indians, in a Letter wrote to the Secretary by Cap**
Trent, one of the Justices of Cumberland County, and partner with
Mr. Croghan, the most considerable Indian Trader, which seems to
be confirm'd by a Letter of the third Instant from Governor Clin-
ton, both Letters were read and order' d to be enter' d :

A Letter to the Secretary from Capt. Trent.

" Lancaster, August 18th, 1750.
"Sir:

" A few Days ago some of the Lowry's Hands came in from the
Woods, they had a Frenchman in company who says he was a
French Trader, and was put in Irons and confined for disobeying the
Orders of the Commander of the Fort where he traded (the Fort
lyes betwixt De Troit and the Pict's Country) by the Assistance of
his Friends he made his Escape to the Picts that are in Friendship
with us, some of which was for putting him to death for a Spy,
others would have him sent back, and some were for delivering him
to Lowry to be kept till the Man that killed his Brother and the
Indian by setting Fire to the Powder was delivered, He's in
Lowry's Possession now ) he says that the French Traders com-
plain'd to the Governor that the English Traders had bought all
their Debts of the Indians, and that unless he prevented the Eng-

462 MINUTES OF THE

s

lish from trading so far back that they must quit the Trade; upon
which the Governor ordered the Hatchet to be given to the French
Indians to strike the English, which was done before he came away.
He says that there was a great Number of Soldiers expected up
from Canada, and that the White men taken from Carolina was
taken by the French Nottawagoes or Wandotts, and was sent to
Canada before he made his escape, who I suppose are now returned
with the other Prisoners that came with Cap'- Stoddard from Canada.
The two Traders belonging to our Province that I wrote you as I
was coming from Philadelphia last was taken, have sent a Letter
home ; there were taken by the Ottawawas and are sent to Canada ;
they write that they are well used, and are to be sent home in the
Spring by way of New York j we have also an Account that thirty
French Wandotts have killed fourteen White Men belonging to
Carolina; I cannot assert it for Truflh, tho' I am afraid it is too true.
" I am, Sir, Your most humble Servant,

" WILLIAM TRENT."

A Letter from Governor Clinton to Governer Hamilton.
" Sir :

" I yesterday received the following Information from Coll. Wil-
liam Johnston, viz.: that Jean Ceur is sent with another Officer to
Ohio River to bring that Body Indians over to the French (if pos-
sible) by any means, he having a large Quantity of very valuable
Goods to distribute among them and all other Nations he passes
thro'; And as you may have time enough to overset their Schemes x
by sending proper Persons to talk with the Indians, and acquaint
them that they come as Spies. This Account he says may be de-
pended on, for Arent Stephens, the Interpreter, who came lately
from Oswego, saw and spoke with Jean Ceur, who made no Scruple
to tell the Intent of his Journey. If the French should prevail on
those Indians by their Presents the Five Nations must certainly
submit, for which Reason I thought it for his Majestie's Service
and the Safety of these Colonies to give you this Intelligence as
soon as possible.

" I am, with great Respect, Sir,

" Your Honour's most obedient and very humble Servant,

"G. CLINTON.
tl Fort George, 3d September, 1750."

And on mature Consideration of these and several other Matters
which are come to the Governor's Knowledge since the Meeting of
the Assembly by the Examination of the Traders, many of whom
are now in Town, the Governor drew up the following Answer
to Governor Clinton, which was approved, and it was likewise
thought proper that the Southern Governments should be made
acquainted with the unfavourable Change likely to happen very
soon in the State of the Indian Affairs, to the end that they might

PROVINCIAL COUNCIL. 463

concur in proper Measures to preserve the Friendship of the Indians
at this nice Conjuncture :

A Letter from Governor Hamilton to Governer Clinton.
" Sir :

"Your Excellency's Letter of the third Instant, imparting to me
Coll. Johnson's Intelligence of some French Officers going towards
Ohio with a large Present for the Indians, was detained in the Post
Office, or I would have done myself the Honour to have answered
it sooner, especially as the Contents are of great Consequence and
what I have had of late much under my Consideration.

" The Indian Interpreter at Ohio was fortunately in Town when
your Letter came to my Hands, and I dispatched him immediately
with a Present to the Twightwees, which at my Instance had been
provided by our Assembly j he came to deliver me a Message from
the Indians at Ohio to all his Majestie's G-overnments, a Copy
whereof I have enclosed, as also a Copy of a Message from the
Twightwees, giving to understand thatwthey had resisted the French
Solicitations and Presents and would adhere to their new Allies ;
and if these Messages be duly considered, it cannot but be thought
necessary that these Indians be suitably rewarded for their Attach-
ment to us, because it must be obvious that if for want of due En-
couragement Nations of such Importance should go from us, this
would affect our Influence on all the other Indians, and might in
the end totally destroy it.

"You cannot be insensible that Numbers of the Six Nations
have of late left their old Habitations and settled on the Branches
of Mississippi, and are become more numerous there than in the
Countries they left, at which both the French and the Council at
Onondago are not a little alarmed, as it will give a remarkable Turn
to [ndian Affairs, and must draw the Attention of his Majestie's
Governors into those more remote Parts. If my Information be
true, and I have it from Persons of undoubted Credit, these Refu-
gees of the Six Nations (if I may use the Term), the Shawonese
and Delawares, with their new Allies the Owendaets and Twight-
wees, make a Body of Fifteen Hundred if not Two Thousand Men,
and in my Opinion these different Nations are now upon the Bal-
lance. If a prudent Management and seasonable Liberalty be exer-
cised they may be retained in our Interest; But if no notice be
taken of them, nor suitable Presents be made them, the French
may justly reproach the Twightwees for their Defection, and they
will cast these Reproaches on our Indians who perswaded them into
our Alliance, and thereupon they may not only leave us themselves
but draw off our Indians with them, and if we fall into these un-
happy Circumstances 'tis not probable we shall retain the Six
Nations at Onondago long, for when these are stripp'd of their
Allies and of these Westward Indians, they will be despised, or to
avoid Contempt go over to the French with the other Indians.

464 MINUTES OF THE

" This I take to be a true Representation of the State of Indian
Affairs; and it gives me much Concern that the Council at Onon-
dago should not be able to retain their People among them, but by
suffering their young Indians to go and settle in those distant Parts
give Rise to a new Interest that in a little time must give them
Law instead of taking it from them. But the thing is too plain to
be concealed, and therefore his Majesty's Governors will do well to
consider what is proper to be done on this new turn of Affairs.

" This Province has chearfully been at a very considerable
Expence to preserve these Indians, and was it in Ability might
continue to do so, but they grow too numerous for any single
Colony j it is therefore become expedient that this Matter should
be fully set forth, and as I have taken the Freedom to place it in
what appears to me to be the true Light to your Excellency, I
shall likewise do the same to the Governors of Virginia and Mary-
land, in hopes that something may be done to frustrate the Effects
of the Indefatigable Pains the French are taking in that Quarter.

" I am, with great Respect, Sir,

" Your Excellency's most obedient humble Servant,

"JAMES HAMILTON.

" Philadelphia, 20th September, 1750."

At a Council held at Philadelphia, Wednesday, the 3d October,
1750.

PRESENT

The Honourable JAMES HAMILTON, Esquire, Lieutenant
G-overnor.

Joseph Turner, Thomas Hopkinson, ") «

William Logan, Richard Peters, j ^S(imres'

The Minutes of the preceding Council were read & approv'd.

The Returns of Sheriffs and Coroners for the four Counties of
the Province were read, and the Commissions order' d to be made
out for the following Persons :

Sheriff. Coroner.

Isaac Griffitts, Philadelphia County, George Heap,

Joseph Hart, Bucks County, William Smith,

John Owen, Chester County, Isaac Lea,

Andrew Work, Lancaster County. Robert Stuart.

A Letter from Governor Clinton, with his Message to his Assem*
bly, and their Answer on the Subject of the Governor's Letter to
him, entered in the last minute of Council, were read and order'd
to be enter'd :

PROVINCIAL COUNCIL. 465

A Letter from Governor Clinton to Governor Hamilton.

" Your Favour of 20th Instant I received by the Post, which I
communicated to his Majesty's Council of this Province, and (by
their Advice) laid it before the General Assembly, from whose
Sentiments on the Contents you will form a better Judgment on
perusing the enclosed Papers than by my relating them to you.
"I am, Sir, Your Honour's

u Most obedient and very humble Servant,

"G. CLINTON.
"Fort George, in New York, October 1st, 1750."

A Message from Governor Clinton to his Assembly.
u Gentlemen :

" I have received by the last post a letter from Governor Hamil-
ton, a copy of which, together with copies of some papers enclosed
in said letter, I now send to you, with an extract from a letter to
me from Coll. Johnson.

" From all of them you will perceive how necessary it is for you
to enable me without delay to secure the fidelity of the Indian
Nations in alliance with the British Colonies, and to remove the
jealousies which have been artfully infused into their minds by the
French of Canada, by granting the Supplies necessary for these
purposes. I must, therefore, earnestly recommend to you to take
this matter into your serious deliberation, that the mischiefs which
threaten all the Colonies in North America may be prevented be-
fore it become too late. You will perceive from Mr. Hamilton's
Letter that the Government of Pennsylvania expects that we will
join in bearing part of the expence of securing the fidelity of the
Indians on Ohio River.

" I cannot give any proper answer to his letter till I know your
resolutions whether you will contribute to that expence.

"G. CLINTON.
" Fort George, in the City of New York, 25 September, 1750.

The Address of the General Assembly of New York to Governor

Clinton.

« To his Excellency The Honourable GEORGE CLINTON, Cap1'
General and Governor-in- Chief of the Colony of New York and
Territories thereon depending in America, Vice Admiral of the
same, and Admiral of the White Squadron of his Majesty's Fleet,

u The humble Address of the General Assembly of the said Colony.

" May it please your Excellency :

" We, his Majesty's most dutiful and loyal Subjects the General

YOL. V. — 30.

466 MINUTES OF THE

Assembly of the Colony of New York, have with all due attention
considered your Excellency's Message of the twenty-fifth instant,
the copy of Governor Hamilton's letter of the 20th instant, the ex-
tract of Coll. Johnston's letter of the 18th of August last, and the
other papers therewith communicated to us touching the present
State of Indian Affairs, and humbly beg leave to represent to your
Excellency that the People of this Colony have in all times past
exerted their utmost Efforts, at a very great annual expence, to se-
cure and retain the Indian Nations in the British Interest, and are
still willing to contribute according to their abilities towards pre-
serving the Five Nations (on whom many other great and numerous
Nations depend) in their attachment to his Majesty; But humbly
beg leave to observe to your Excellency that we have been put to
an almost insupportable Expence (not unknown to your Excel-
lency) during the late War to secure our Frontiers against the In-
cursions of the common Eenemy, to which by our Situation we
were continually exposed. By this means, Sir, all our publick
Fund are exhausted, and a debt of many thousand Pounds incurred,
which remains still unpaid; in these circumstances Your Excel-
lency must be sensible that we are at present in no condition to
comply with Governor Hamilton's Proposals; and must further beg
leave to observe to your Excellency, that as in the late War we in
defending our own Frontiers which lye between the Enemy and
our neighbouring Colonies to the Westward, did in a great Measure,
without any Contribution of Assistance from them, secure their In-
habitants from all that Desolation, Blood, Rapine, and Captivity,
to which Numbers of poor People of this Colony were then exposed,
So we conceive it just and reasonable that they should now at their
own Expence secure the Fidelity of those Indian Nations who are
seated much nearer to them than to us — a work of far less difficulty,
expence, and hazard than what we, by our Situation, ever have and
ever must, whilst the French are Masters of Canada, continue to .be
expos'd to. And this we beg your Excellency will be pleased to
represent to Governor Hamilton and the other Governors of his
Majesty's Colonies to the Westward.

" From the Intelligence Coll. Johnson gives your#Excellency in
his letter of the 18th of August last, it appears to us necessary that
your Excellency should without delay meet our Five Nations of
Indians, in order to dispell and remove all the Jealousies which the
French Emissaries have artfully infused into them to the prejudice
of his Majesty's Interest among them, and, if possible, to prevent
any Defection among these Nations. And if your Excellency is of
the same opinion, we will immediately enable you to make them a
suitable Present on this occasion, and will make the usual Provision
for the Expence of your Excellency's Voyage to Albany.
" By order of the General Assembly.

"DAVID JONES, Speaker.
u Assembly Chamber, in the City of New York, 27th of Septem-
ber, 1750."

PROVINCIAL COUNCIL. 467

A Letter from Mr. Weiser, dated the thirtieth of September to
the Secretary, was likewise read and order' d to be enter' d :

" Bethlehem, in Bucks County, September the 30, 1750.
"Sir:

" By these few lines I let you know that I am safely returned on
my Journey from Onondago to this place last night, and hope to
find my family in perfect health by to-morrow. I wish I could
inform you by these lines of a great deal of agreeable news, but I
cannot. Our Friend Canassetego was buried to day before I came
to Onondago, and Solconwanaghly, our other good friend, died some
time before. He that is on the head of affairs now is a proffessed
Roman Catholick, and altogether devoted to the French. The
French priests have made a hundred Converts of the Onondagers,
that is to say Men, Women, and Children, and they are all cloathed
and walk in the finest Cloathes, dressed with Silver and Gold, and
I believe that the English Interest among the Six Nations can be
of no consideration any more. The Indians speak with contempt
of the New Yorkers and Albany People, and much the same of the
rest of the English Colonies. I conclude and desire you will men-
tion my humble respects to his Honour our Governor. I am,

"Sir, your very obedient

"CONRAD WEISER.

"P. S. — Within a few days I will send you a Copy of my
Journal, where you will see my Proceedings."

The Secretary is ordered to write to Mr. Weiser to send his
Journal with all possible expedition, and to attend here the day
before the Meeting of the Assembly in order to give the proper
Information about the State of Indian Affairs.

At a Council held at Philadelphia, Saturday the 6th of October,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, William Till, ")

Thomas Hopkinson, William Logan, (■ Esquires.

Richard Peters, j

The Minutes of the preceding Council were read and approved.

On reading the Returns of Sheriffs and Coroners made for the
County of Cumberland, and of Newcastle, Kent, and Sussex, the
following Persons were commissionated :

468 MINUTES OF THE

Sheriff. Coroner.

John Potter, Cumberland County, Adam Hoops,

John Vandyke, Newcastle County, Samuel Silsby,

Thomas Parke, Kent County, William Blakiston,

William Shankland, Sussex County, Robert Mcllwaine.

Hans Hamilton, Esquire, Sheriff of York County, instead of a
Return presented a Petition wherein he set forth in substance as
follows, that he was drove by violence from the Place of Election,
and by the same violence was prevented from returning there,
whereby it was not in his power to preside and do his duty, and
therefore could make no return; and as he with sundry Persons
were attending to make good these Allegations, they were called
in and examined, but the time not permitting to finish them the (
Council was adjourned till Monday.

At a Council held at Philadelphia, Monday the 8th of October,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Hopkinson, ~)
William Logan, I Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approv'd.
The Examination of Witnesses in Support of Hans Hamilton's
Petition was resumed, and when finished it was unanimously agreed
that it was not owing to Hans Hamilton that the Election was ob-
structed; and likewise that he could not in his Circumstances, as
-proved by the Witnesses, make a Return. The Governor therefore
granted a Commission to him to be Sheriff during his Pleasure.

A Petition of the Trespassers in the Big Cove ic as read as folloics:

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of Pennsylvania and Ter-
ritories thereunto belonging,

u The Petition of Us, Underscribers, Inhabitants of the Great
Cove in Cumberland County, humbly sheweth :
"Wo are exceedingly sorry, as well we may, that any part of
that letter scut from the Great Cove to the Magistrates of this
County should have given your Honour any Umbrage to suspect
we would desire to get rid of being under the Government of this
Province, and forcibly to maintain the Possession of these Lands on
which we at present live in opposition to your Authority. It is and

PROVINCIAL COUNCIL. 469

always hath been our strong inclination to enjoy the Privileges of
the Government of Pennsylvania above those of any other of his
. Majestie's Colonies in America. We never did directly or indi-
rectly apply to Maryland for a Right to said Land ; and should any
thing in said Letter seem to insinuate as if we had a mind to do so,
or should any of our inconsiderate or even guilty expressions be re-
ported to you, we hope you will not interpret these things to our
ruin, but in mercy forgive them, for your Honour may know what
extremes People of weak Policy when they see they're all in
danger may be guilty of.

" Yet suffer us to inform your Honour notwithstanding of what
was done by Us before the Secretary when perplexed and con-
founded, that the most of us did not take up said Land in oppo-
sition to the authority of a Governor's Proclamation, but after we
were informed some in Power did permit if not grant Liberty to
settle said Land with honest men; yet by this we would not be
understood as if we would oppose what proceedings your Honour
might judge necessary for the Safety or Interest of the Province
with regard to us. No, in this we resolve to be entirely at your
Disposal, or that of any you may appoint.

" We humbly and earnestly beg, if consistent with the great De-
signs of your Government, you would permit us yet longer to culti-
vate these Lands for the Support of our Families.

" But if this cannot be granted that you would interpose with the
Proprietors for our obtaining a Right to these Plantations, on which
we at present live, when said Land shall be purchased from the
Indians, we paying what is due to the Proprietor, and recommend
it to the Secretary to be active for Us, on whose mercy we would,
notwithstanding of all our folly, depend much;

" And the Blessing of many, who will otherwise be reduced to
pinching distressing Difficulties, shall come upon your Honour.
." ROB. SMITH, " JAMES CAMPBELL,

"ROGER MURFEY, "JAMES DOWNEY,

" JOHN JAMISON, " ALEXANDER McCONNELL,

"SAMUEL BROWN, "CHARLES STEWART,

"ROBERT KENDALL, "WILLIAM DICKEY,

"WILLIAM McCONNELL, "WILLIAM MULLIGAN,
"JOHN McCLELLAN, "JOHN McCOLLOM,

"ANDREW DONALLSON, "JOHN McMEANS,
"WILLIAM McCARELL, "JOHN MARTIN.

" Septmbr- ye 27th, 1750."

Agreed that in case the Petitioners should presume to continue
after the Expiration of the time limited in their respective Recogni-
zances and Bonds they should be prosecuted.

470 MINUTES OF THE

At a Council held at Philadelphia, Thursday the 11th of Octo-
ber, 1750.,

PRESENT !

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Thomas Hopkinson, ) «

William Logan, Richard Peters, J ^

The Minutes of the preceding Council were read and approv'd.
Conrad Weiser's Journal was read and order'd to be enter'd :

" A Journal of the Proceedings of Conrad Weiser in his Journey
to Onondago, with a Message from the Honourable THOMAS
LEE, Esquire, President of Virginia, to the Indians there.

" 1750, August the fifteenth, Set out in the afternoon from my
House in Heidi eberg and came to Reading on Schuylkill that day —
fourteen Miles.

" The Sixteenth — Came to Henry Saseman in Maxatawny —
twenty Miles.

" The Seventeenth — Came to Nazareth — twenty-seven Miles.

" The Eighteenth — To Nicholas Depue, in Smithfield on Dela-
ware— thirty miles.

" The Nineteenth — To Henry Cortrecht at Minissinks — twenty-
five miles.

" The Twentieth — To Emanuel Paschal — thirty-five miles.

" The Twenty-First— To Kingston— forty-four Miles.

" The Twenty-Second — Rained all Day — lay by.

" The Twenty-Third — Crossed Hudson's River for the sake of a
better road — rain continued — came to Reinbeck — ten Miles.

"The Twenty-Fourth — Came to the Manor of Levingston —
eighteen Miles.

" The Twenty-Fifth— Came to Albany— forty-four Miles.

" The Twenty-Sixth — Lay still, being Sunday — met Henry Peters
and Nickas, two Chiefs of the Mohocks, with eight more of that
Nation. The said Nickas and two more of that Company that came
from Canada but a few days ago, where they had remained Prisoners
till now, complained of hard usage by the French, because they had
served the English against the French in the late War, contrary to
a League of Friendship subsisting between the French and the Six
Nations. I spent the Evening with them in a publick house and
treated them with several Bottles of Wine.

" August the twenty-seventh — Spent the forenoon with the said
Indians and conferred with them about my Journey to Onondago.

PROVINCIAL COUNCIL. 471

They told me that the Onondagers were most all in the French In-
terest and had accepted of the French Religion, and that Colonel
Wm. Johnson had a Comission from the Governor of Carolina, but
named Assaryquoah to bring about a Peace between the Six Na-
tions and the Catawbas, and had actually made Proposition to the
Six Nations about the Affair. Henry told me privately that he
did not believe Colonel Johnson could bring the thing about; but
if the Governor of Carolina would make him, Henry, a handsome
Present, or pay him well for his trouble, he could bring about a
Peace between the Six Nations and the Catawbas. He thought
that I had that in Commission and to invite the Six Nation Chiefs
to come to Virginia to make a Peace with the Catawbas. In the
Afternoon I left Albany and came to Hordman's Creek — ten miles.

" The Twenty-eight — Came to Huntersfield, otherwise called Scho-
chary — twenty-six miles.

" The Twenty-Ninth — Took a ride to a small Mohock's Indian
Town, about eight miles Southwards, and conferred with the In-
dians there, they being my old acquaintance, as I had lived from
the Year 1714 till the Year 1729 within two miles of their Town ;
they were very glad to see me, and acquainted me with every thing
I desired to know of them, and told me of the bad circumstances
with the Six Nations, and that the Onondagers, Cayugers, and
Seneca's were turned Frenchmen, and that some of the Oneiders
inclined that Way, and that they abused the Mohocks and used
them ill for being true to the English, and that the Indian Affairs,
lay neglected and nobody minded them, and that since the Peace
with the French the Governor of New York never spoke to the In-
dians nor offered them anything, and that the Mohocks themselves
who had fought against the French with the loss of much blood,
received no thanks for their good service.

" The Thirtieth was spent with my old Friends and acquaintance
at the aforesaid Place.

" The Thirty-first I set out through the Woods for the Mohocks
Country; it rained the most part of the day, having but a very blind
Indian Path was lost, but met accidentally two Indians, who accom-
panied me to the Mohocks Country, where we arrived about an hour
after dark ; came that day about twenty-five miles.

" September the First — Had a Conference with some of the
Chiefs of the Mohocks that live near Fort Hunter, among whom
was Brand and Seth • they wanted to know what the Governor of
Virginia had to say to the Six Nations of Indians, whether it was
anything about the Catawbas. I told them that I was sure that the
Invitation was in consequence of the Treaty of Lancaster held six
years ago ; that according to that treaty the Government of Vir-
ginia had recommended the Case of the Six Nations to the King of
Great Britain, and that accordingly the King had sent a fine and
large Present to be given to the Six Nations. After several other

472 MINUTES OF THE

Discourses I went to Colonel William Johnson, about three miles
from Fort Hunter, where I arrived about eleven of the Clock before
noon, and was kindly received and hospitably entertained by the
Colonel ; he is the only and sole Commissioner of Indian Affairs in
that Government. I staid twenty-four Hours with him, and ac-
quainted him with my Business at Onondago ; we had a great deal
of discourse about Indian Affiairs ; he showed me, among other Pa-
pers relating to Indian Affairs, a Copy of a Letter the Governor of
South Carolina wrote to the Governor of New York, wherein the
Governor of New York was desired to bring about a Peace between
the Six Nations and the Catawbas, which Affair the Governor of New
York had left to Colonel Johnson, who told me* that he had already
begun his Negociation and was in hopes to succeed, the Mohocks
having promised him their assistance ; that he had undertaken to
bring Five, Six, or Ten of the Catawbas to the Mohocks Country or
Fort Hunter, to speak to the Mohocks first and to obtain their Safe-
guard or Protection to travel through the united Nations to Onon-
dago. We both agreed that it was best for me not to say any thing
about the Catawbas, because he had made, as is to be hoped, a good
Beginning.

" The Second, about ten of the Clock, I left Colonel Johnson's
and came to Cana Johary, to Barthol Pickert, twenty-five miles.
My horse got lame this day.

"The Third — Came to Nicholas Pickert, about eight miles, my
Horse very lame ; was obliged to leave him and hire another, and a
Man to guide us the road to Onondago.

" The Fourth — Came no farther than Burnets-Field, where we
got our horses shoed and bought some Provision to carry through
the Wilderness to Onondago, eighteen miles.

" The Fifth— Came to George Cost, the last Settlement of White
People on the Mohocks River; was obliged to leave the other
Horse I brought from Pennsylvania and hired another; stayed all
night; travelled but twelve miles.

"The Sixth — Set out from George Cost's by Sun Rise; came
after eleven hours Ride to Oneidcr, about thirty-five miles. It being
but a very blind Indian Path and many mud holes to pass, we
arrived a little before dark in rainy weather; the Oneider Indians
being all at home, they called a Council.

"The Seventh — The Council met and let me know that if I had
anything to say to them, they were ready to hear me. I went to
the House where they met with the Messenger that came for me,
and acquainted them with what I had in charge from the Governor
of Virginia, and desired them to send their Deputies with me to
Onondago to meet the Council of the Six united Nations, which
they agreed to do. I desired them to send a Messenger before mc
to Onondago to acquaint the Onondagers of my coming with a Mess-

PEOVINCIAL COUNCIL. 473

age from their Brother Assariquoah, and that I desired they might
kindle their Council Fire. I gave a String of Wampum to the
Messenger that went to Onondago to be sent to the Cayugers and
Senickers; the Messenger set off immediately; the Oneiders desired
me to spend that day with them and said as the Message was gone
I had time enough ; the Council could not meet in less than six or
seven days. I agreed to stay with them ; the whole day was spent
with some of their Chiefs discoursing about State Affairs ; they
told me they had heard of my coming some days ago, and were told
that I came to invite the Indians to Virginia to treat with the Ca-
tawbas about a Peace, under the Protection of Assaryquoah. I
told them I had nothing to say about the Catawbas, and that the
Governor of Virginia had other Affairs to speak with them given
him in charge by the King of Great Britain, concerning the Chain
of Friendship between the English and the Six United Nations ;
that I was well assured they would not see a Catawba there at
Fredericksburg; perhaps some mention might be made of them,
and perhaps not; they told me that their Brethren the English
had been hitherto deceived by the Catawbas, by looking on them as a
People that sue for Peace with the Six United Nations, but they know
better; they (the Catawbas) had declared to the Tutulows and
Cherakees they would never sue for a Peace with the Six
United Nations, that they would fight them whilst there was one
of them alive, and that after their Death their very Bones shall fight
the Six Nations, and that the Catawbas had murdered some of the
Friends of the Six Nations (the Tutulows and Cherakees) for offer-
ing their Mediation to bring about a Peace with the Six Nations,
and that the Catawbas spake with Contempt of the Six Nations, so
that they the Oneiders wished none of their Brethren the English
Governors would meddle with the Affair ; if the Catawbas do, , ac-
tually want a Peace with the Six United Nations, let them follow
the Example of the Cherakees and come to our Frontier Towns and
sue for it, and they will obtain it on the same condition as the Che-
rakees did. I told them that I supposed the Catawbas who would
venture to come and sue for a Peace would be killed, because of the
Treachery they had been guilty of about twenty Years ago ; they
answered that several of the Cherakees had been killed by the Allies
of the Six Nations in their way to the Sinickers' Country when they
first came to sue for a Peace, notwithstanding they proceeded on
their Journey and some arrived in the Sinicker Country, where they
were safe and obtained their End, that perhaps such a thing might
happen to the Catawbas; by the way they could not help that, but
after their arrival at some of the Frontier Towns they should be
saved ; they scorned to murder them after their arrival, and if they
could not agree with them they would send them safe to their own
Country, and tell 'em that they will send after them, to kill them
in the Catawba Country; they the Six Nations were too great a
People and had too much Honour to kill the Deputies of their Ene-

474 MINUTES OF THE

mies in their Towns. Among other Discourses they told me they
were sorry to acquaint me that a great Part of the Onondagers had
gone over to the French and accepted of the French Religion, and
had suffered themselves to be misled by the French and the Cunning
of their Priests ; they said it was by the neglect of the English
and their ill-management that ever since the Peace the Governor of
New York never spoke to them or gave them any thing, while the
French gave large Presents to the Onondagers and Others in order
to bring them over to the French ; the Indians that served the Eng-
lish in the late War were not well used, some stout Warriours who
had the Misfortune to be made Prisoners were not redeemed by the
English till about a month ago and were kept ki Irons in Canada
all along and had hard usage, that since they came home no body
minded them, that some had Wives and Children and no body took
care of them whilst the Husband or Father was in Prison in Canada,
that the French had more Charity for their Indians than the Eng-
lish had to their' s, they seemed to lament over the Division of the
Indians as well as over the Division of White People ; the Head of
the Oneiders, Disononto by name, a Man of above seventy Years of
Age, but yet strong and nimble, asked me several times whether I
knew the reason of the Governor of New York and the Great Men
of that Province (the Assembly) disagreeing. I told him I did not,
and ask'd several other Questions about Publick Affairs that I could
not answer. This Disononto fought under Colonel Schyler when
the Mohock's Towns were burnt and were taken Captives by the
French in the former Century, and is a man of exceeding great
Parts. I sat up with him in my Lodging till almost midnight.

(t September the eighth — I set out for Canachsoragy, a Tuscarora
Town about eighteen miles off, where I arrived after seven hours
ride, met a Messenger from Onondago by the way, by which Mes-
senger the Onondagers did let me know that they were sorry to ac-
quaint me that Canassatego, their Chief, died the night before last,
and that in consequence thereof there could be no Council sum-
mon'd, and they were sorry I came so far because of the present
melancholy time.

" N. B. — It is to be known that the Six Nations don't meet in
Council when they are in mourning till some of their Friends or
Neighbours wipe off their Tears and comfort their Heart; it is a
certain ceremony, and if they appear in Council without that Cere-
mony being performed, the dead Person was of no Credit or Esteem,
and it is a certain affront to the deceased's Friends, if he has any.

" About an hour after my arrival at Canasoragy another Messen-
ger arrived from Onondago to let me know that notwithstanding the
melancholy Event that bcfel Onondago, the Council had upon a
second thought resolved to hear me, because I came such a great
way, though contrary to their antient custom they desired I would
proceed on my Journey, and that a Council of the Six Nations was
accordinly summon'd.

PROVINCIAL COUNCIL. 475

" The Ninth — I set out from Canachsoragy and arrived after eight
hours Ride at Onondago, took up my Lodging as usual with Tohash-
wuchdioony, a House which stood now by itself, the Rest of the
Onondagers having moved over the Creek, some a mile, two miles,
three miles off. Saristaquoah came to see me, so did Hatachsogo,
two Chiefs j an old man and a Member of the Council came with
me from Canasoragy; he begun to sing a Lamentation Song just
when we set out, to signify to me in an allegorical way that the
Town where I was going to was no more inhabited by such good
Friends as formerly, and now more especially since the Word died,
meaning Canassatego, the evil Spirits would reign and bring forth
Thorns and Briars out of the Earth ; his name is Gechdachery, a
Brother of Soterwanachty, deceased ; at the resting Place I treated
him with a Dram of good Rum, and told him that nothing was cer-
tain in the World, and that the great Being that had created the
World knew how to govern it, that I believed he would order every
thing well, to which he said Amen in his way.

" The Tenth — Saristaquoah came again to see me; the Rest of the
Chiefs being in Mourning did not appear; the Indians seemed to be
much affected with the Death of Canassatego, as they have lost
several of their Head Men in a short time ; three noted Men died
in their Journey to and from Philadelphia, to wit: Tocanihan, Cax-
hayion, and Soterwanachty, a Chief.

u The Eleventh — Nothing was done and no Deputies arrived. In
my going up I was told by Mr. Livingstone at his Manor and Colonel
Johnson in the Mohocks Country, that the French had erected a
new Fort at St. Lawrence River at a Place called Swegatsy, not far
from the Lake Frontinac, for the Indians, and that a certain French
Priest was there to instruct the Indians in the French Religion, and
that he cloathed all the Indians that came to live there, and built
Houses and cleared Land for them at his own or at the French King's
Cost, and that one-half of the Onondagers had actually begun to
live there. Of all this I was confirmed when I came to Onondago
by several creditable Persons and by the Council of Onondago itself,
with this Addition, that the French Priest at Swegatsy had made
about a hundred. Con verts among the Onondagers, Men, Women,
and Children, that came to live at Swegatsy last Spring, and that
the aforesaid French Priest had cloathed them all in very fine
Cloathes, laced with Silver and Gold, and took them down and pre-
sented them to the French Governor at Montreal, who had received
them very kindly and made them large Presents. Several of the
said Converts came back to Onondago and drank away their fine
Cloathes and reported that the French Priest at Swegatsy was not
good and endeavoured to make Slaves of the Indians, notwithstand-
ing his Fine Speeches he makes to the Indians, that in one of them
he had told them Onontiquoah, the French King, did look upon the
Indians as his own Children, and would take care that they should

476 MINUTES OF THE

not want nor no body should hurt them, that he would appoint a
great man as a Guardian over them, whom he hoped his Children
the Indians would obey as their Father Onontiquoa himself in
every respect, and that the new Converts should not mind what the
unconverted Indians said in their foolish Council, that their Father
Onontiquoah would find everything for them and protect them against
all Nations, so that they had no need of Indian Government ; this
they interpret that the French want to make Slaves of them, and in
a mocking way tell one another, i Go and get baptized again by
your Father and bring home fine C loathes that we may get some
drink/ 'No/ said another, still joking, 'he will be hanged now if
he goes again for fine Cloathes ; his Father is angry because his
holy water is of no Force with the Indians / many such discourses
I have heard, by which I saw plain that they do not pay any respect
to any Religion let it come from where it will, if they do not get
by it.

"September the Twelfth — No Deputies arrived. I heard that
Ontachsina (Jean Coeur or some such name), the French Interpreter
who resided in the Sinicker Country during the late War, was gone
through the Sinicker Country in his "Way to Ohio, with Merchant
Goods and five or six Frenchmen with him, and told the Sinickers
that he had Orders from the Governor of Canada to drive away the
English Traders from Ohio with the Assistance of the Indians.

" The Thirteenth — The Deputies of the Oneiders and Tuscoraros
arrived, making in all Five in Number, the Cayugers sent Word
that they could not come, so did the Sinickers, the Cayugers having
impowdered the Oneiders to act in their behalf; the said Deputies
and I went out in the Bushes and had a Council by ourselves over
the Death of Canassetego; we agreed to condole with the Onondagers,
and to comfort them and wipe off their Tears in the usual way ; I
gave a large String of Wampum towards the Expence or for per-
forming the Ceremony, the Oneiders and Tuscoraros did the same,
and we nominated Ganachquayieson, a Chief of the Oneiders, to be
Speaker. About noon the Council of Onondago met, the Chiefs of
the Onondagers now present were Tahashwuchdioony, Hatachsogo,
Gechdachery, and Ganodu, with about twenty others. Ganachqua-
yieson opened the Council and desired to be heard so soon as the
Council pleased, he was answered that they were ready to hear him
immediately; After a short pause he begun to speak and directed
his Discourse to the Onondagers, and said :

" ' Father (so the Oneiders, Cayugers, and Tuscoraros stile or
address the Onondagers, Sinickers, and Mohocks), We, your Sons,
the Oneiders, Cayugers, and Tuscoraros, jointly with your Brother
Assaryquoah, entred your door in a very melancholy time, when
your Eyes were almost blind with the Tears you shed, and when
your Heart is sorrowful to the highest degree for the Death of that
great Man our Word, who died but the other day (a dead man's name

PROVINCIAL COUNCIL. 477

must not be mentioned among those People) j we, your Sons and
your Brother before named, make bold to come near you in order to
comfort you in your trouble and to wipe off the Tears from your
Eyes, and to clean your Throat, to enable you to see about you and
to speak out again ; we also clean the Place where you sit from
any deadly Distemper that may remain on it, and might perhaps
have been the occasion of the great Man's Death/ Here the Speaker
gave a String of Wampum of Three Rows in Behalf of the Ontiders,
Cayugers, and Tuscoraros; I gave another of the same size, with a
Belt of Wampum to cover the Grave of the deceased. After a short
pause I desired to be heard, to which they answered they were
ready to hear me. Then I said, ' Brethren, the United Six Nations,
to wit, Togarihoan, Sagosanagechteront, Dyionenhogarqn, Neharon-
toquoah, Sanonowantowano, and Tuscoraro, I am sent to your Coun-
cil Fire by your Brother Assaryquoah, and what I am going to say
to you is according to his Request/ I gave a String of Wampum
and proceeded : ' Brethren, the Governor of Virginia desires that
you will come to Fredericksburg, a Town a little way from Cach-
wangarodon (Patowmec), to a Publick Treaty, and to receive such
Presents as the King of Great Britain, your Father, has ordered to
be given to you by the Governor of Virginia, in Consequence of the
Treaty of Lancaster held about Six Years ago/. I gave a large
String of Wampum and proceeded: 'Brethren, the Governor of
Virginia will kindle a Council Fire at Fredericksburg in Virginia,
where you may sit in Safety as under the Shadow of a great Tree,
as at your own Fire at Onondago, to hear what your Brother the
Governor of Virginia will say to You by the Direction of the King
of Great Britain, your Father; the things that will be said to you
will be of Importance and altogether for the Good of the Publick,
especially of the Six United Nations, tending entirely to their Pre-
servation. For the Confirmation of what I have now said to you,
your Brother Assaryquoah, the Governor of Virginia, gives you this
Belt of Wampum/ Here I gave a large Belt of Wampum.

"I concluded, and desired to have their answer that night if
possible ) I was told that I should have their answer on the morrow.

"By Sun set the Onondagers gave thanks for the Condolement,
and returned the Compliment by a long Oration made by Tahash-
wuchdiony, and gave a String of Wampum of three Rows to the
Oneiders, Cayugers, and Tuscoraros, and one to me, and desired that
we may yet be comforted over the Death of the Great Man.

" September the Fifteenth — The Indians being in Council all Day,
in the evening I was told by three of them that were sent to me
that I should have my Answer at the Oneider's Town on my Return,
which they hoped would be satisfactory.

" The Sixteenth — According to Custom I put out the present
Council Fire which was kindled by me and took my Leave of the
Onondagers and come with the Deputies of the Oneiders and Tus-

478 MINUTES OF THE

coraros to Canasoragy before night. I bought a Quart of Rum here
for me and my Companions to drink at six Shillings, but the Com-
pany being too great I was obliged to buy two other Quarts.

" The Seventeenth — Arrived by rainy weather at Oneide about
two o'Clock in the Afternoon, the Oneiders met immediately in
Council and after about two hours Consultation by themselves, they
sent for me and told me that they were ready to give me an answer and
desired me to hear; I told them I was ready to hear. The Speaker
directed his Discourse to the Governor of Virginia and said :

" ' Brother Assaryquoah : We take your Invitation very kindly,
and return you our hearty thanks, we would be very glad to see you
but every time that we have been down with our Brother Onas in
Philadelphia we lost so many men, and last Year we lost Twenty,
among which Number were several of our Chiefs ; the evil Spirits
that Dwell among the White People are against us and kill us, and
we are now in a manner like Orphans, all our great and wise men
are dead and as you live so much deeper within the Settlements of
the White People the evil Spirits must needs be more numerous and
of course will be more destructive to us. We therefore desire that
gou will move your Council Fire to Albany and kindle it there,
which can be but very little or no trouble to you since you have Ves-
sels to come by Water, and at Albany we will gladly hear you and
receive the Presents sent by the Great King over the Waters for
the Lands some of our former Deputies assigned to You ; we desire
that you will take our answer in good Part and come to Albany to
meet us at our Council Fire there burning/ The Speaker gave me a
large Belt of Wampum.

" * Brother Assaryquoah : the Belt of Wampum you gave us con-
cerning your Council Fire we will answer and exchange when we
shall have the pleasure to see you in Albany, we will do all that is
in our Power to please you, pray consider well our circumstances
and you will then do the just thing/ The Speaker gave another
smaller string of wampum.

" After some pause I told them that I believ'd the Governor of
Virginia could not come to Albany and would perhaps give the Pre-
sents to the Indians at Ohio, as the Ohio Indians were one and the
same with the Six United Nations and of their own Blood. They
made answer that the Ohio Indians were but Hunters and no Coun-
sellors or Chief Men, and they had no Right to receive Presents
that was due to the Six Nations, although they might expect to have
a Share, but that Share they must receive from the Six Nations'
Chief under whom they belong.

" I took my Leave a*nd told them what I had said last was my
own thought and I would let their Brother Assaryquoah know what
had passed as soon as I came home.

"The Eighteenth — Set out from Oneido, came to George Cost
after Sunset.

PROVINCIAL COUNCIL, 470

" The Nineteenth — Came to Burnet's Field in rainy "Weather, and
the Twentieth to the upper Castle of the Mohocks called Canawa-
dagy, the said Indians being from home when I went up they now
met and desired to know what passed at Onondago and what success
I had. I informed them of every thing and told them that I
found our Brethren the Six Nations quite of another Disposition
than formerly, and that I had the strongest reason to believe that
their Heart was turned from their Brethren the English. They an-
swered that it was true what I said, the French had too great an In-
terest with the Onondagers, Cayugers, and Sinickers, they complained
of the ill management of the English in Indian Affairs, and said that
they were afraid to be cut off by foresaid Nations because they
charge them the Mohocks to be Slaves of the English; Several
other Complaints they had but I could say nothing to them.

" I recommended John Picket, my Sister's Son, to them for to
learn the Mohocks Tongue perfect among them, to serve as Inter-
preter for Pennsylvania, &ca,> after I am grown old and no more able
to travel, they promised to do what they could; the young man
speaks their Language tolerable well now and can write and read
English, Dutch, and Indian, his Father lives but a mile from Cana-
wadagy, and has the best opportunity to learn the Indian Language
perfectly.

" September the Twenty First — Took my leave of them and took

my Route directly towards Shochary, or Hunter's Field, by a blind

Indian Path and from the late mentioned Place to Katskill also by

a small Indian Path much a nearer way than I went, and arrived

tat my House on the first Day of October in perfect health.

" P. S. — The Chiefs of Onondago inquired what was done to the
Settlers on their Land near Juniata Creek and thereabout ; I told
them that the Governor of Pennsylvania had sent his Secretary to
the spot with some Magistrates and Sheriff's to remove the Settlers,
that accordingly the People were ordered to come away instantly,
some had resisted and taken up Arms, had their Cabbins burned
after the Goods were taken out by the People that came with the Sec-
retary, that some of the People were imprisoned, that to all this I
had been an Eye Witness, that some People that seemed to be good
natured (upon their Submission and Supplication) had obtained Lib-
erty to gather in their small Crops but had promised to come away
in the Fall, that some of the Shamokin Indians had been present all
along and saw what was done. They signified their Satisfaction to
me, and told me they were very glad that their Brother the Gover-
nor of Pennsylvania had taken Notice of their Complaint.

"They repeated over and over that the Indians on Ohio had no
Right to sell any Land about Pennsylvania, Maryland, Virginia, or
Ohio, and that what Share they might have a Right to demand of
the Presents the Six United Nations received for the Land must be
adjusted by the Chiefs of the said Nations, that the Ohio Indians

480 MINUTES OF THE

lived on a good Hunting Place and were in a manner only gone to
hunt there, and their Relations at home received hitherto their Share
of the Consideration or Presents for the Lands.

" Onondago was thick with French praying Indians when I was
/there ; eight or nine of them came to see me, and owned they came
from Canada to see their Friends at Onondago, and behaved very
civil to me. I was told by Tahashronchdioony the Chief, that all
the Belts of Wampum belonging to the Publick from the several
English Governors that remained unanswered at the Death of Can-
assatego, and found in his Possession, were by his orders burned
with him. This the said Chief said to make Canassatogo a Thief
after his Death j some imagine that his Widow and Family stole
them. "CONRAD WEISER.

"The 10th of October, 1750."

A Letter from the Governor of New York, dated the 8th Instant,
and Coll. Johnson's letter inclosed, were read and ordered to be
enter' d :

A Letter from Governor Clinton to Governor Hamilton.
" Sr- :

" I now send you enclosed further Information which I have re-
ceived from Coll. Johnson, relating to the Designs of the French ;
though the English Colonies be, beyond comparison, superior to the
French in North America, both in Numbers and Money, yet as the
Assemblies of the several Colonies do not act in concert, but pur-
sue different Interests, the French may succeed in their designs to
our prejudice by their being directed by one Council and pursuing
steadily the same View.

"This I think deserves the serious Attention of all the Gov-
ernors of the Colonies on the Main, and I shall gladly join with
you and them in any Method which may prove effectual for uniting
the Colonies in pursuing their general Interest, but I doubt whether
this can be effected without an immediate Application to his Ma-
jesty for that purpose.

" I am, with great Respect, Sir, Your Honour's most obedient
and very humble Servant.

"G. CLINTON.

" Fort George, 8th October, 1750.'

Copy of a Letter to his Excellency Governor Clinton from Coll.
William Johnson.

" 76r- 25th, 1750.
" May it please your Excellency :

" This is to acquaint your Excellency that the bearers hereof are

PROVINCIAL COUNCIL. 481

two Englishmen belonging to Pennsylvania Government, and as
they were trading among the Indians of Ohio River last Summer as
usual, were taken Prisoners by Seven Indians sent by the Com-
manding Officer of Detroit for said purpose, and by him detained
ever since the beginning of last June ; it plainly appears by all the
Circumstances that he, the said Officer, sent the Indians to take or
destroy what English Men they could meet, as the Indians told
those young men so, and shewed them the Ammunition, Tobacco,
&03-' which the said Officer gave them for their Journey, and when
they brought said Prisoners to him he was very thankful and re-
warded them well, which said Prisoners were Eye Witness to. He
being relieved by another Officer, took those two Prisoners with
him in order to bring them to Quebec, but they luckily made their
Escape from him halfway between Niagara and Oswego, from
whence they came to me quite in a miserable naked Condition.
They say the French are making all the Preparations possible
against the Spring to destroy some Nations of Indians very stead-
fast in our Interest, which if they succeed in will be of very bad
Consequence \ they met in the Lake ten or twelve large Battoes
laden with Stores and Ammunition for said Purpose, with whom
were several Officers, in particular two Sons of one of their Lieu-
tenant Governors, whom I suppose to be Monsieur Longquilles'
Sons. Certainly they have something in agitation which they want
to put in Execution as soon as they can, having Accounts from
several Hands lately which corroborate. Those two men say that
the French at De Troit and thereabout have offered and given some
Indians great Presents to go and take or destroy one Mr. Croghan
and Lowry, two of the Chief Men who trade from Pennsylvania,
and have the most Influence on all Indians living thereabouts of
any that ever went among them, or in all likelihood ever may.
Should they succeed therein it would certainly be a great step
towards their gaining them Indians, who are as yet very strongly
attached to the British Interest, and double the Number of the
Five Nations. Moreover if the French go on so, there is no man
can be safe in his own house, for I can at any time get an Indian
to kill any Man for paying of him a small matter ; their going on
in that manner is worse than an open War. Jean Ceur, whom I
mentioned to your Excellency some time ago is now gone among
said Ohio Indians in order to spirit them up against the English. I
wish he may meet with his proper Deserts. I hope your Excellency
will pardon my troubling you with so long a Detail of this kind,
but as I thought it my Duty to acquaint You of every thing may
come to my Knowledge relating to the Service of the Province,
hope you will excuse it, and believe me to be with all Sincerity
and Esteem,

" Sir, Your Excellency's most obedient Servant.

"WILLIAM JOHNSON.
VOL. v. — 31.

482 MINUTES OF THE

" P. S. I should have been to wait on your Excellency long ago,
but was much out of order as was most of my Family, having eleven
sick at once with a violent cold and sore Throat which raged here
very much.

"New York."

" A true Copy Examined by

« GEO. BANYAR, D. Sec'ry."

The Examinations of Morris Turner and Ralph Kilgore were
taken in Council, and being sworn to, were ordered to be enter'd as
follows :

u These Examinants say that they are hired Servants of one John
Frazier, of the County of Lancaster, in the Province of Pennsyl-
vania, Indian Trader ; that in May last they were trading for him
among the Twightwees to whom they had sold a large quantity of
Goods, and had received in Return more Skins than they could
carry with their Horses at one time j that after having delivered
one Parcel of their Skins at Allegheny, as they were returning for
a Second with empty Horses, and were got within Twenty- Five
Miles, as they think, of the Twightwee's Town, on the Twenty-
Sixth Day of May last, Seven Indians came into their Cabins a little
before Sun-set, received Victuals from them, and dress' d and eat it,
and behaved like Friends. That some time after their coming into
the Cabin the Indians in the way of curiosity took up the Guns
belonging to these Examinants and a Tomhock, and ask'd them for
Knives to cut their Tobacco with, which as soon as they had given
them they seized them and tied their Hands with Ropes, and told
them they must carry them to their Fathers the French, and, ac-
cordingly, they took them along with them, pinioning them in the
day and fast'ning them in the Night with Ropes to the Ground;
that they did not go the direct Road to Fort De Troit, but went
round about ways, for that they did not reach it in less than six-
teen Days, though from the Place where they were taken it is not
as they think above one hundred and fifty miles. That all the way
they were very inquisitive about the Courses of the Road and of
the Waters between the Twightwee Country and the Allegheny
Towns, and made these Examinants draw Draughts of those Roads
and Waters. That when they came about a mile from the Fort
they unpinioned them and marched them into the Town called De
Troit, consisting of one hundred and fifty Houses stockaded all
round.

" That on their Arrival at the Town more Indians join'd them,
when a Council was imediately convened by the Commander of the
Fort, in which the Indians gave a formal Account of their taking
these Examinants Prisoners, delivered them to the Commander in

PROVINCIAL COUNCIL. 483

Council, and received some Presents in reward of their Services,
viz'- : a ten gallon Cag of Brandy and about one hundred Pound
Weight of Tobacco.

" That the Commander of the Fort sent them to a Farmer's
House about a mile from the town, where they were made to reap
Wheat and how Indian Corn, and work Country Work. That
about six Days after they were placed there the Indians who took
them came to see them, and treated them very contemptuously,
flirting their Fingers against their Noses and saying they were Dogs,
and they were going for more of them. That they remained in
this Farmer's House about three Months, when there arrived a
new Commander, one Monsieur Celeron, the same Officer who
the Year before had commanded a Detachment of French Soldiers
sent to Ohio with design to intimidate those Indians and the
Twightwees.

" That about three Weeks before their leaving the Farmer's
House one of the Garrison Soldiers came to visit them along with
two or three others who talked English. This Soldier told them
that he was but just come to the Fort, having been taken Prisoner
by the Catawbas, who carried him to Williamsburg, where he was
treated very civilly and permitted to go home, and that he came
through Philadelphia and New York, and was every where enter-
tained much to his satisfaction ; and hearing that there were two
English Men Prisoners at that house he came to see them, and in
Confidence told them that in the Spring an Army of Five Hundred
French Men would march to Ohio, and either bring back the Shawa-
nese and Owendats or kill them, and that they had offered One
Thousand Dollars for the Scalps of George Croghan and James
Lowry, imagining if they were taken off as they had great Influ-
ence with the Ohio Indians they could easity gain over those In-
dians to them.

" That the late Commander of the Fort departing for Canada,
they were committed to his Care, and in fourteen Days arrived at
Niagara, where they found one Jean Ceur, the Head Interpreter for
the French at Quebec, conducting, as they were inform' d, a large
Present of Goods to Ohio which lay upon the Bank, and which they
believ'd if they were to be bought in Philadelphia could not cost
less than Fifteen Hundred Pounds.

" These Examinants likewise saw at this Place eight or nine Bat-
teaus laden with Bacon, Peas, and Flower, which they were told
were to be stored in the Magazines at Fort De Troit for the use of
the Spring Expedition.

" Tha^t somewhere between Niagara and Oswego, on Lake Fronti-
niac, these Examinants made their Escape in the night time, the
Persons appointed for their Guard being asleep, and got safe to

•

484 MINUTES OF THE

tlie Fort of Oswego, and from thence came by New York to this
Place.

his
" MORRIS M T TURNER.

mark.
" RALPH KILLGORE."
" Sworn before the Governor in Council.

" RICHARD PETERS, Secretary."

At a Council held at Philadelphia, Wednesday the 10th October,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Samuel Hasell, "]

Benjamin Shoemaker, Joseph Turner, v-Esqrs.

Thomas Hopkinson, Richard Peters, )

The Minutes of the preceding Council were read and approv'd.

Six Members of Assembly waited on the Governor last night with
a Message from the House, that pursuant to the Charter and Laws
of the Province a Quorum of the Representatives had met and chose
a Speaker, and desir'd to know when he wou'd be pleased to receive
them that they might present him. By the Appointment of the
Governor the whole House came into the Council Chamber and
presented Isaac Norris, Esquire, as their Speaker, Who, having
made the Request for Privileges as usual, and received the Gover-
nor's Approbation and favourable Answer, they withdrew.

The Governor informed the Board that he had communicated the
Intelligences relating to Indian Affairs to the Governments of Vir-
ginia and Maryland, with his earnest Request that they wou'd lay
the same before their respective Assemblies, and recommend to
them to consider the Contents thereof that such measures might be
taken by their Colonies, either separately or in Conjunction with
New York, as might prevent the Defection of the Indians, which
was much to be apprehended.

The following Message drawn in order to be sent to the Assembly
was read and approved :

" Gentlemen:

" In my Message of the eighth of August to the late Assembly,
I mentioned the Apprehensions the Indians at Ohio were under
from the Menaces of the French, who frequently threatned to attack
them for adhering to their Friendship with Us; yet as no Hostilities
had then been attempted I was in Hopes, from the Caution and Unani-

PROVINCIAL COUNCIL. 485

mity of the Indians in our Alliance, they might be discouraged from
any Undertaking of that kind, But I am now sorry to acquaint You
that from the Information I have since received it appears the French
are determined at all Events to bring off the Indians from our Alli-
ance. That in Consequence of this Resolution they have been using
all possible Artifices to corrupt the Six Nations at Onondago, and
have also sent a large and valuable Present to be distributed among
the Indians at Ohio; and least these Measures should fail have
actually provided at Fort D'Etroit Magazines of Provisions and war-
like Stores to be in readiness against the Spring, in order to reduce
them by a Body of Forces from Canada; In which Design, should
they succeed, it cannot be supposed they will long suffer those
Indians to continue in Peace with Us, the fatal Consequences whereof
not only to our Trade but even to the Lives and Properties of our
remote Inhabitants must be obvious to every considerate Person.

"That the French are resolved at any rate to embroil Us with the
the Indians at Ohio is further confirmed by two Persons, Inhabitants
of this Province, who were taken Prisoners in May last by Seven
French Indians within a few Miles of one of the Twightwee Towns
at the Instigation "of the French Officer at Fort D'Etroit, to whom
they were delivered, and from whom as he was conveying them to
Canada they made their Escape.

u Mr. Weiser, our Province Interpreter, is now in Town, being
just returned from Onondago, and brings from thence likewise very
disagreeable News, to wit, That upon the Death of Canassatego and
some other of the Principal Sachems of the Six Nations, who were
heartily attached to the English, the Person now at the Head of
their Councils is wholly in the French Interest.

"Thus thro' the indefatigable Industry of the French, not only
the Six Nations at Onondago are much shaken in their Affections
to Us, and inclining to go over to our Rivals, but the Indians at
Ohio are in great Danger of being corrupted by their Presents or
subdued by their Arms, unless some proper and speedy Measures
are taken to prevent it.

" This, G-entlemen, is the present unhappy Situation of our In-
dian Affairs, according to the best Information I can procure, and
tho' it is not usual for You to enter on Business of Importance
at Your first Meeting, yet I am persuaded that on Perusal of the
Papers I herewith send you, you will think it incumbent on You to
take the whole Matter into your immediate Consideration, since any
Delay, as things are now circumstanced, may prove of the most dan-
gerous Consequences.

"Upon what his Excellency Governor Clinton was pleased to
write to me on Indians affairs, I imediately directed Mr. Croghan
and Mr. Montour to hasten to Ohio with the small Present provided
by the late Assembly for the Twightwees, and was in hopes they
would arrive time enough to have disappointed the Schemes of the

486 MINUTES OF THE

French, and by shewing those Indians their true Interest have fixed
them stedfastly in our Friendship; but unfortunately they were
both prevented by Sickness from proceeding on their Journey, so
that they are not yet gone. I have given Orders to stay them till
I shall be acquainted with the Resolutions of your House on this
Subject.

"I therefore earnestly entreat You to give these Affairs all the
Attention their Importance requires, and that together with your
advice you will likewise furnish the necessary Means of frustrating
the mischevous Designs of our Rivals the French, and enable me
effectually to preserve the Fidelity and Friendship of our Indians
and their allies.

"JAMES HAMILTON.

"October 16, 1750."

MEMORANDUM.

The Governor having exceedingly a£ heart that the Assembly
should act a becoming Part towards the Indians, had several Con-
ferences with their Speaker and four or five of the principal Mem-
bers, and on the nineteenth of October he received the following
Message from the House :

"May it Please the Governor :

" As the Prosperity of the Trade of the Province and the Peace
and Safety of our remote Inhabitants are essentially concerned in
preserving the Indians in our Alliance steady in their Friendship
with Us, the House hath deliberately and maturely considered the
Governor's Message, with the several Letters and Papers he was
pleased to send with it, and having examined our Province Inter-
preter and likewise the two Persons who have lately escaped from
their Imprisonment among the French, we do now with Gratitude
acknowledge the Regard and Attention to the Interest of the Prov-
ince manifested by the Governor on this Occasion.

" We are heartily concerned that the Industry of the French
hath met with so much Success with the Indians of the Six Nations,
and we doubt not they will carefully improve this Opportunity
(given by the Death of Canassatego and the other Chiefs who were
our steady Friends) of using many Artifices to alienate the Affec-
tions of these Nations from Us, and engage them more closely to
the French Interest than they have heretofore been able to do, so
that we are sensible there is a Necessity of speedy Measures being
immediately taken to avert the unhappy Consequences of losing
their Affection and Friendship; and we hope the Care the Gover-
nor has taken to inform the Governors of the neighbouring Colonies
of the present Disposition of these Indians will be duly regarded.
This Province made them a large and valuable Present last iTear,
and as the Situation and Trade of New York particularly demands

PROVINCIAL COUNCIL. 487

their steady Attention to the maintaining the Alliance and Friendship
of these Nations, we doubt not they will think themselves obliged
to take the proper Care on this Occasion j And we believing it may
be proper to send them a Message of Condolence on the Death of
their Sachems, are willing to make the necessary Provision, if the
Governor should concur with Us in directing Conrad Weiser to
attend the next Treaty at Albany with such a Message.

"The several Nations of Indians about Ohio appear to Us at this
time most immediately to merit and stand in need of our Assist-
ance, and as the Governor has informed Us that the Messengers
appointed to carry the Present provided by the last Assembly for
the Twightwees are not yet set out on their Journey, we have now
concluded to make an Addition to that Present, and likewise to
direct a Present of larger Value to be provided for the Shawanese,
Delawares, Owendats, and other Nations settled near them, in
order to confirm them in their Friendship with Us ; and as we are
informed there are considerable Numbers of those People who are
not united in any Government or under any Sachems, which renders
it difficult to transact Affairs and treat with them on any Emer-
gency, We submit to the Governor's Consideration the Expediency
of recommending to them the Advantage of such an Union, which
if it can be effected and maintained without interfering with their
Engagements with the Six Nations, may probably discourage the
French from any attempts against them, and afford us a greater
Opportunity of improving the good Disposition they have lately
manifested towards Us, and of keeping them steadily attached to
the British Nation.

" The Expenees arising on these Negotiations having encreased
much of late Years, and being likely to continue, our Duty to the
Freemen of this Province obliges Us to repeat the Request made
by the Assembly the last Year to the Governor, to recommend to
the Proprietaries the Justice of their joining with Us on these Oc-
casions. The Benefits they reap from the Settlement of their back
Lands are very great, and tend peculiarly to the Advancement of
their private Properties, besides what they have in the common
Prosperity of the Province and the Increase of a Trade which
enables Us to make Remittances directly to Great Britain; that if
there were not any other Considerations, these will, we hope, be
sufficient to induce the Proprietaries to bear a Part of these
Expenees ; and as we shall now contribute as much as the present
State of our Treasury will permit, we hope on the Governor's In-
tercession the Proprietaries will readily consent to direct a proper
Addition to be made thereto.

" Signed by Order of the House.

" ISAAC NORRIS, Speaker,
" 19th October, 1750."

488 MINUTES OF THE

To which he made this Answer, and set out for Newcastle :
" G-entlemen :

" I have considered your Message of Yesterday, and am well
pleased to find your Determinations so agreeable to what I really
think the Interest of the Province at this Time requires ; And I
shall in the several Particulars recommended by You act conform-
ably to your Advice and Request. The Business of my other Gov-
ernment requiring my presence at Newcastle immediately, I shall
appoint a Committee of the Council to act for me during my
absence, in Indian Affairs, in order that all possible Dispatch may
be given to that Service."

Agreeably to the Governor's Message some of the Members of
Council and Assembly were frequently together, the Goods voted
for Ohio were provided, Letters were also wrote by the Secretary to
Mr. Croghan and Mr. Montour informing them of this, and furnish-
ing them with a List of the Particulars of which the Present con-
sisted, under the Great Seal, with Directions to Mr. Montour to
publish it and appoint a meeting of all the Indians early in the
Spring.

At a Council held at Philadelphia, Tuesday the 6th November,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Joseph Turner, ~)

Thomas Hopkinson, William Logan, t Esquires.

Richard Peters. J

The Minutes of the preceding Council were read and approved.

The Record of the Conviction of John Ulrich Sailor, of Upper
Hanover in Philadelphia County, Labourer, and Sentence of Death
in Consequence thereof pronounced against him by the Supreme
Judges at a Court of Oyer and Terminer held at Philadelphia for
the County of Philadelphia on the twenty-second Day of October
last, having been certified by the Clerk of the Supreme Court, the
same was read, and in regard that the Crime was a most cruel
Murder committed against the Person of his Mistress, and that the
Judges had said nothing in his Favour, Wednesday Sevennight was
appointed for his Execution, of which the Secretary is to give No-
tice to the Sheriff and to the Criminal, and to prepare a Warrant
for it.

PROVINCIAL COUNCIL. 489

At a Council held at Philadelphia, Monday the 10th December,
1749.

PRESENT :

Thomas Lawrence, Samuel Hasell,

Robert Strettell, Benjamin Shoemaker, I Esqrs.

Thomas Hopkinson, William Logan,

Richard Peters.

The Minutes of the preceding Council were read and approved.

The following Affidavit taken before Daniel Broadhead, Esquire,
one of the Justices of the County of Bucks, relating to an Obstruc-
tion made by some iEsopus or Mohiccon Indians to Edward Sculls'
surveying Lands within the New Purchase was read, and is as fol-
lows :

" On the seventh Day of November, in the Year of our Lord
one thousand seven hundred and fifty, Personally appeared before
me, Daniel Broadhead, Esquire, one of his Majestie's Justices of
the Peace for the County of Bucks, John Williams, Philip Dewees,
and John Fish, who on their Solemn Oaths did declare, That being
employed by Edward Scull to assist him in Surveying Lands for
the Honourable the Proprietaries within the late Purchase made of
the Indians, and having proceeded to the Fork of Lechawacksein
Creek, were on Sunday the twenty-eighth Day of October last
overtook by two Indians, viz*- : Cap'6, Allamouse and ditches, who
informed Edward Scull that they were sent by their King Tattan-
hiek, to prevent his making any Survey of Land on the Creek
aforesaid, or on any of its Branches, alledging that the Land belonged
to them. Upon which the Captains aforesaid not speaking good
English, Edward Scull proposed that one of them should go to an
Indian who lived about six miles off, whom they informed him
could speak good English, in order that they might the better un-
derstand one another, the said Scull declaring at the same time that
had he the least Suspicion of meeting with any opposition he
would have brought an Interpreter with him. Hereupon Captain
Clitches went to the Indian's Cabbin, but returned without him, he
being from home. Edward Scull, therefore, on being informed that
their King could speak English, resolved to go to his Cabbin, dis-
tant about fourteen miles, which he accordingly did the next day,
and ordered us to accompany him thither. When We came there
the said Scull desired of Tattenhick that he would inform him why
he sent the Indians above-mentioned to hinder him from surveying
the Land he was ordered by the Governor of Pennsylvania to ser-
vey for the Proprietaries Use, informed him that the Land he in-
tended to survey was sold about fourteen months before by the Five
Nations, shewed him a Draught of the Purchase, and assured him
that it was an exact Copy of another Draught which was annex' t to

490 MINUTES OF THE

the Deed which the Five Nations made to the Proprietaries. He
likewis e desired Tattenhick to give him a positive answer whether
he wasVietermined to oppose him in the Execution of the Governor's
Orders respecting the Surveying Lands for the Proprietaries agree-
able to the, Boundaries laid down in the Draught aforesaid, and
received for answer that the Land on Lechawacksein, and a con-
siderable distance to the Southward, belonged to him and his People,
that if the Mohocks had disposed of it they had done what they
had no Jftigkt to do, and that we must leave the parts and not at-
tempt to survey Land on Lechawacksein Creek. The thirtieth of
October we returned to Lechawacksein, accompanied by Tattenhick,
and six Indians with their Guns, who after some Converse among
themselves were unanimous in insisting on our leaving the Parts,
which we did the same day, and got to a path leading from Wyo-
ming to one John Vanetta's, on Delaware, in the Evening, and
came to his House the Saturday following, where Tattenhick pro-
mised Edward Scull (and the Proposal was of Tattenhick' s propos-
ing) to meet him the next Day, but did not perform his Promise.
And further these Deponents say not.

" Sworn before me the Day and Year above-mentioned.

"DANL. BROADHEAD."

Another Affidavit of like Tenor made by — before the

same Justice was likewise read.

The Board had under consideration a Letter from Mr. Trent,
wherein he demanded two hundred and forty-five Pounds for the
Carriage of the Indian Present to Ohio, and desired to be favoured
with the Governor's Answer. The Secretary was ordered to shew
the Letter to the Speaker and to some of the Members in Town,
and to know what their Sentiments were about the Demand, and to
write them to Mr. Trent.

At a Council at his Honour's House, Thursday, January the 10th,
1750, A. M.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Joseph Turner, ~\

Samuel Hassel, Thomas Hopkinson, v Esquires.

Robert Strettell, William Logan, J

The Minutes of the preceding Council were read and approved.

The Governor acquainted the Board that a sufficient Number of
the Members of Assembly to make a House had not met on the

PROVINCIAL COUNCIL. 491

seventh Instant, the Time to which the House stood acljourn'd, and
that tho' now was a sufficient Number in Town, yet as they could
not legally meet as a House of Assembly without his Authority, he
proposed for the Ease of the Members and to save the Time which
must necessarily be spent in calling them by Writ, to summon them
to attend him in the Council Chamber; that so being met by his
Command they might be constituted a House and proceed to Busi-
ness, which was approved by the Board; and a Speech, which the
Governor intended to deliver on this Occasion, was likewise read
and approved. Then the Council adjourned to the Council Cham-
ber.

In the Council Chamber.
present :
His Honour the Governor,
And all the Members as before, except Samuel Hassel, Esquire.

The Members of Assembly being met in the Assembly Room, the
Governor sent them the following Message by Mr. Hopkinson :

"The Governor desires the Attendance of the Members of As-
sembly in the Council Chamber immediately."

Mr. Pemberton, Mr. Ashbridge, and six other Members of As-
sembly delivered the following Message :

"The House apprehending that there is a material Difference
between the Message from the Governor delivered this Morning
and the Governor's Answer to the Message from the House of the
eighth Instant, to prevent all Misunderstanding we request the
Governor would be pleased to communicate the Contents of his
Message to the -House in "Writing.

" Sign'd by Order of the House.

"ISAAC NORRIS, Speaker.
" 10th Jan*' 1750-1."

To which the Governor answered that he believed his Message to
the Members of Assembly was rightly apprehended, and that there-
fore a Copy of it in Writing seemed unnecessary, but if the Mem-
bers desired it they might have it. Then Mr. Pemberton, after
saying he had delivered what he had in Charge from the House,
made some Observations on the Legality of the Meeting of the
Members of Assembly, tho' a Quorum had not met on the Day to
which the House stood adjourned, and mentioned some President
in Governor Gordon's Time, when on a like occasion the Governor
had taken Notice of the Members of Assembly as a House before
he commanded their Attendance, which President he believed had

492 MINUTES OF THE

great Weight with many of the Members, and added if the Gov-
ernor pleased he would shew him a Copy of the Votes of Assembly
where this Fact appeared. To which the Governor was pleased to
answer that no such President appeared on the Council Books as
far as he had been able to discover, yet he should be very glad to
receive all the Information he could; that it would be agreeable to
him to act as his Predecessors had done on the like Occasion, as far
as was reasonable; but that as this affair appeared to him at pre-
sent he could not look on the Members of Assembly as a House
legally met, and therefore could not transact Business with them as
such till they should be called together by his Authority. Then
the printed Votes containing the President referred to by Mr. Pem-
berton was delivered to the Governor and the Members of As-
sembly withdrew.

The Governor and Council having waited some time for the
Attendance of the Members of Assembly, Mr. Hopkinson was sent
to ask a Copy of the Message delivered by Mr. Pemberton, which
was given him by Mr. Norris j and Mr. Hopkinson was soon after
sent with a Copy of the Message delivered by him from the Gov-
ernor; and after waiting some time longer, till one o' Clock, the
Council broke up, having first agreed to meet at three in the after-
noon.

SAME DAY, at three in the Afternoon.
present :

The Honourable the Governor.
Thomas Lawrence, Joseph Turner, ~)

Samuel Hassel, Thomas Hopkinson, > Esquires.

Robert Strettell, William Logan, J

The Consideration of the Legality of the Meeting of the Mem-
ber^ of Assembly and assuming the Title of a House of Representa-
tives was resumed, and the Board were unanimously of opinion,
that as the Members of Assembly did not sit by vertue of the Ad-
journment of the House of Representatives they could not now sit
as a House till the Authority of the Governor should be obtained
for that Purpose.

Mr. Warner, Mr. Pemberton, and Mr. Fox, members of Assem-
bly, waited upon the Governor in Council and read a Paper in these
Words :

" The House taking into Consideration the Governor's Message,
appointed a considerable number of their Members to wait on the
Governor in Pursuance of his Request, to receive what he may
have to lay before the House.

"Copy from the Minutes.

"B. FRANKLIN, Clk. of Assent
" 11 Mon. 10, 1750."

PROVINCIAL COUNCIL. 493

To which the Governor returned the following answer :

"I expected, in Compliance with my Message to the Members of
Assembly met together in the Assembly Room this morning, the
Attendance of all such as were then present.

"I cannot look upon You, Gentlemen, as a Committee of a
House of Assembly of this Province, because in my opinion no
such House is now sitting, by reason of the Members failing to
meet according to adjournment, neither can such House now sit
unless legally convened by my Authority; and, therefore, I cannot
receive any Message from You as a Committee of a House of As-
sembly.
"To Edward Warner, Israel Pemberton, and Joseph Fox, who

brought a copy of a Minute, 10 o'clock, P. M."

January 15th, 1750.
Two Members of the Assembly waited on the Governor with the
following Message in Writing, viz. :

A Message to the Governor from the Assembly.
" May it please the Governor :

" A Majority of the Members of this House met on the seventh
Instant; the next Day a Quorum appeared, and being now again
met in a full House are ready to proceed on Business, and to re-
ceive anything the Governor may be pleased to lay before Us.
" Signed by Order of the House.

" ISAAC NORMS, Speaker,
"lltt Month 15, 1750-1."

Upon the Receipt of the above Message, the Governor taking into
consideration that several urgent Affairs of Government required
the immediate Sitting of the Assembly which would not well admit
of the Delay that must necessarily be occasioned by the issuing of
writs to summon the members, determined on that Consideration to
recede from his former Resolutions and to dispense with the Form
of issuing Writs at present, and to constitute them a House of As-
sembly by acknowledging them as such, notwithstanding the loss of
their Adjournment, as had sometimes upon like occasions been
granted by his Predecessors, and thereupon sent them by his Secre-
tary the following Message :

«/? Message from the Governor to the Gentlemen of the Assembly.
u Mr. Speaker and Gentlemen of the Assembly :

" By what mistake or misfortune you mis't your adjournment I
shall not enquire ; You are now restored to your Privileges as at

49-4 MINUTES OF THE

first, and I am ready to join with you to enact such Laws as may
be for the Interest of the Province.

" What the service of the Publick requires will naturally fall un-
der your notice, I shall only at present recommend to you Unani-
mity and Despatch in all your Proceedings, and what further may
occur shall at a proper time be communicated by Message.

" JAMES HAMILTON.

"January 15th, 1750."

Memorandum of what passed between the Governor and some mem-
bers of Assembly at his House.

Tuesday, January 8. Mr. Pemberton and Mr. Fox came to me at
six afternoon and acquainted me that by order of the House of Rep-
resentatives they waited on me to acquaint me that a Quorum was
met and were ready to receive any thing I had to lay before them.

I asked Mr. Pemberton whether a Quorum had met on the sev-
enth, the Day to which they stood adjourned, or how many had met
on that Day, to which he answered twenty-one Members and no
more; whereupon I replied that twenty-one not being two-thirds of
those who ought to have met, I could not consider them as a House
untill they were called by my authority, and that at present I looked
upon it that they were absolutely dissolved unless I pleased to make
them a House j But however I would send an answer in writing to
them, or to the House (I know not which, but it is probable I might
say thro' Inadvertance the House) in the Morning. Accordingly I
prepared an Answer and caused it to be delivered on the ninth in
the morning by the Secretary to the two Gentlemen who brought
me the Message. About one o' the Clock on the ninth Mr Norris,
Mr. Pemberton, and Mr. Pox came to me as Friends not as Assem-
bly men, and we had a long conference on the subject matter of the
Debate, but came to no conclusion, as my answer of the ninth In-
stant delivered to Mr. Pemberton and Mr Fox was no.t communi-
cated to the Assemblymen. Mr. Pemberton gave it me back, and I
told them I would call my Council in the morning to advise with
about it. Accordingly in the morning of the tenth the Council met,
and agreed upon the Speech, &ca-' and from my house adjourned to
the Council Chamber. I then sent the Message by Mr. Hopkinson,
and instead of coming according to my Request, After waiting some
time Mr. Pemberton and Mr. Ashbridge &,03"' to the number of
eight, brought me the Message from their Brethren, to which I an-
swered that if they brought the Message as from a House of As-
sembly I could not receive it as such because I did not look upon
them to be a House till they were made so by me. I than sent
them my Message, which was before verbally delivered in writing
by Mr. Hopkinson.

PROVINCIAL COUNCIL. 495

At a Council held at Philadelphia, Saturday, 19th January, 1750,

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hasell, | p ' •

Iloberfc Strettell, Joseph Turner, j

The Minutes of the preceding Council were read and approved.

The following Letter from Governor Clinton and another from
Mr. Croghan, at Ohio, were read, and the following Message was
thereupon drawn up and sent to the Assembly :

A Letter from Governor Clinton to Governor Hamilton.
"Fort George in New York, 18th December, 1750.
"Sir:

" I take this early opportunity to acquaint you with my Inten-
tions to meet the Six Nations of Indians and their Allies at Albany
the first week in June next, in hopes of confirming in the British
Interest and defeating the Intrigues of the French, who of late
late have been very active among them, and by the large Quantities
of Goods they have distributed to the several Nations may have
rendered their Fidelity to the English very precarious.

"The Expense this Government hath continually supported to
preserve the Indians in a good Disposition towards us has been very
burthensome, and the great Pains the French are taking to seduce
them will greatly increase this charge, which any single Colony will
be unable to bear. If the other Colonies should neglect joining
therein it may give our Rivals the advantage they have been long
labouring to obtain over the English Governments, and in the end
be a means of our losing the Indians and with them a very valu-
able Branch of Trade, Besides the Calamities we may have reason
to fear from their going over to the French, which are too obvious
to need mentioning.

" The present wavering Disposition of the Indians may in a great
measure be imputed to their dread of the French, which will ever
influence their conduct as long as the Colonies remain disunited in
their measures. But if they see we are united and resolved here-
after to act in conjuction their fears will disperse, and they may
easily be brought to look with Contempt on what they before
dreaded, seeing they might then rely on a powerful Assistance from
us if the French should attack them. And as nothing can more
tend to his Majestie's Service and the welfare and Safety of his Pro-
vinces than this union of Councils amongst the several Governors
upon Indian Affairs, I do now communicate my thoughts on this
Head to all the Governors of the British Colonies upon the main

496 MINUTES OF THE

of America, in hopes that they will see the necessity of establish-
ing such an Union, and if they cannot attend the Treaty at Albany
in Person, then to send Commissioners to concert and conclude on
the necessary measures to be taken on this important occasion, as-
suring myself they will come furnished with proper Presents to be
distributed among the Indians at this meeting, at which I natter
myself w'ith your Excellency's assistance or that of Commissioners
from your Government.

" If this Proposal of an Interview between the several Governors
or Commissioners representing them be approved of, and they meet
accordingly, it will I conceive be very proper they should examine
into and draw up a State of the Indian Affairs to be laid before his
Majesty, and at the same time consider whether it would not be a
proper step to agree on a Representation to the Governor General
of Canada touching the conduct of some of the Governors and
officers under him, who have been guilty of Infractions of the
Treaties of Peace Subsisting between Great Britain and France,
and particularly of the 15th Article of the Treaty of Utrecht, es-
pecially if it is done with such a concurrence upon good Proofs
which I hope all who know of any such will come furnished with,
or with the means of procuring them.

" Some other Governments I send this Letter to may possibly
think they have no concern with Indian Affairs, because other Pro-
vinces lay between them and the Indians ; But if our Indians should
be gained by the French they may soon be induced to Harrass the
Colonies lying between such other Governments and the Indians, so
as to oblige the Inhabitants to desert them, as lately happened to the
greatest Part of the County of Albany in this Province. In this
case (which God avert) they will find when too late that they had
an Interest in Indian Affairs, to which if they had duly attended
these dreadful consequences might for ever have been prevented j
And as the very news of such an union of Councils must on the
one hand greatly encourage the Indians to be steady to the British
Interest, so on the other it may tend to discourage the French from
continuing their Endeavours to draw over our Indians from us. I
am with very great regard,

" Sir, Your Honour's most obedient humble Servant,

"G. CLINTON.

" The Honob,e- James Hamilton, Esq."

A Letter from Mr. Oroghan to the Governor of Pennsylvania.

" Logstown on Ohio, December the 16th, 1750.
"Sit:

" Yesterday Mr. Montour and I got to this Town, where we found

PROVINCIAL COUNCIL. 497

thirty Warriors of the Six Nations going to War against the Ca-
tawba Indians; they told us that they saw John Occur about one
hundred and fifty miles up this River at an Indian Town, where he
intends to build a Fort if he can get Liberty from the Ohio In-
dians ; he has five canoes loaded with Goods, and is very generous
in making Presents to all the Chiefs of the Indians that he meets
with; he has sent two Messages to this Town desiring the Indians
here to go and meet him and clear the Road for him to come
down the River, but they have had so little Regard to his Mess-
age that they have not thought it worth while to send him an
answer as yet. We have seen but very few of the Chiefs of
the Indians they being all out a hunting, but those we have
seen are of opinion that their Brothers the English ought to
have a Fort on this River to secure the Trade, for they think
it will be dangerous for the Traders to travel the Roads for
fear of being surprised by some of the French and French In-
dians, as they expect nothing else but a War with the French
next Spring. At a Town about three hundred miles down this
River, where the Chief of the Shawonese live, a Party of French
and French Indians surprised some of the Shawonese and killed
a man and took a woman and two children Prisoners ; the Shaw-
onese pursued them and tojok five French Men and some In-
dians Prisoners; the Twightwees likewise have sent word to the
French that if they can find any of their People, either French or
French Indians, on their hunting Ground, that they will make them
Prisoners, so I expect nothing else but a War this Spring; the
Twightwees want to settle themselves some where up this River in
order to be nearer their Brothers the English, for they are deter-
mined never to hold a Treaty of Peace with the French. Mr. Mon-
tour and I intend as soon as we can get the Chiefs of the Six Na-
tions that are Settled here together, to sollicit them to appoint a
Piece of Ground up this River to seat the Twightwees on and kindle
a Fire for them, and if possible to remove the Shawonese up the
River, which we think will be securing those Nations more steady
to the English Interest. I hope the Present of Goods that is pre-
paring for those Indians will be at this Town some time in March
next, for the Indians, as they are now acquainted that there is a
Present coming, will be impatient to receive it, as they intend to
meet the French next Spring between this and Fort Be Troit, for
they are certain the French intend an Expedition against them next
Spring from Fort Be Troit. I hear the Owendaets are as steady
and well attached to the English Interest as ever they were, so that
I believe the French will make but a poor hand of those Indians.
Mr. Montour takes a great deal of Pains to promote the English
Interest amongst those Indians, and has a great sway amongst all
those Nations ; if your Honour has any Instructions to send to Mr.
Montour, Mr. Trent will forward it to me. I will see it delivered
Vol. v.— -32.

498 MINUTES OF THE

to the Indians in the best manner, that your Honour's Commands
may have their full Force with the Indians.
"I am, with due respects,

" Your Honour's most humble Servant,

"GEO. CROGHAN.
" The Honoble. James Hamilton, Esqr-"

A Message from the Governor to the Assembly.
" Gentlemen :

"I received by the last Post the Letter herewith laid before you
from his Excellency the Governor of New York ; and as it contains
matters of very great Importance to the Inhabitants of all his
Majestie's Colonies on this Continent, and to none more than those
of this Province, I must desire you to take the Contents thereof
into your most serious Consideration.

"I am pleased to find by a letter from Mr. Croghan of the six-
teenth of November, from Ohio, which came to my hand two days
ago, that all our Indian Allies in those Parts as yet remain true to
their Engagements with Us, and that some of them are desirous of
removing nearer to their Brethren the English, with a view, no
doubt, of receiving Protection from them against the French, with
whom they expect to be at War in the Spring ; but as that Letter
contains several Matters worthy your greatest Attention, I choose
to lay the whole of it before you without any comments of my
own, which I am perswaded would be unnecessary at this time.

" The Money voted at your last Sessions as a Present to the In-
dians at Ohio has been laid out to the best Advantage in Goods
proper to the occasion ; Great Part of them has been some time
since transported over Sasquehannah and there securely lodged in
order to their being carried more early in the Spring to the People
for whom they are designed; the Remainder is yet in Town for
want of Carriages to transport them thither, but shall be sent up
as soon as the Roads will permit. But as all the Money given for
this Service was invested in Goods, and no Provision made that I
know of to pay the Charge of their Conveyance to Ohio, I must
desire you to think of this and provide accordingly. The sum de-
manded for their Transportation is Two Hundred and Fifty Pounds,
which appears to me to be very high; but by all the Enquiry I have
been able to make, I do not find I can get it done for less by any
Persons in whom I can place a Confidence.

" I have nothing to add, but to assure you that whatever you
enable me to do at this difficult Season shall be perform'd to the

PROVINCIAL COUNCIL. 499

best of my Judgment, with a strict regard to the Interest of the
Province.

" JAMES HAMILTON.
"January 19, 1750."

The following Paper enclosed by the Proprietaries in a letter to
the G-overnor, containing the Reasons why the Bill Entitled " An
Act for imposing a Duty on Persons convicted of heinous Crimes,
and to prevent poor and impotent Persons being imported into this
Province," was not presented to his Majesty in Council, was read
and ordered to be laid before the Assembly :

" Memorial for the Honourable THOMAS PENN, Esqr., relating
to Pensilva. Acts, imposing Dutys on Persons convicted of heinous
Crimes, and imported into Pensilva. as Servants or otherwise.

" 1. Anno. 1722. The first act of that sort was past.
" 2. May, 1729. A Second Act was passed for laying a Duty on
Foreigners & Irish Servants, &c, imported into the Province.

" 3. Feb., 1729. A Third Act, more compleat itself, was past, &
that Act repealed both the former.

"4. Sept., 1738. A Fourth Supplementary Act was past, only
appointing a new Collector of the Duty in Place of Charles Read,
dece'd.

" Feb., 1742. A Fifth act was past imposing a Duty on Persons
convicted of heinous Crimes bro' into tha Province and not war-
ranted by the Laws of Great Britain, & to prevent poor and impo-
tent P'sons being imported into the same. And the Act (had it
been approved) did in Terms repeal all the four former Acts. But
on 5th Decr-' 1746, the Lords of Trade reported ag't the Allow-
ance of it for the Reasons contained in their Report (Copy of which
Report was sent over then to Pensilva) ; and the King soon after-
w'ds disallowed that Act of 1742. The fourth Act was regularly
laid before the King himself in his Privy Council, and was never
disallowed, nor can now be disallowed by the Crown agreeable to
the Charter.

" The third, second, & first Acts duly laid before the Board of
Trade (in the manner as other American Acts at those times were),
and were actually considered by the Board of Trade, and yet were
never reported against or disallowed.

" From whence it may be said that they are become subsisting
Acts, and not repealable by the Crown.

" And if that be true the third act is now in full Force, and that
third Act repeals the first and second Acts.

" Aug4- 1749. Accordingly that 3d Act (of Feb., 1729) being in
Force, the Assembly of Pensilv** have by a Sixth Act of August,

500 MINUTES OF THE

1749, appointed a new offijer to collect the Duty imposed by that
third Act in the Place of Cha5, Read, dece'd.

" This Act of Aug1- 1749, recites, that the Circumstances of the
Province since repealing the Act of 1742, require that the Act of
Feb., 1729, shod be put in Execu"- until one better adapted to the
Circumstances of the Province Sho\l be provided.

This Act of Aug'- 1749, has not been laid before the King in
Co11, (along with the other Acts which were past in the same Ses-
sions) for the following Reasons, viz. :

" When the Lords of Trade in Dec1"'' 1746, reported for the Dis-
allowance of the Fifth Act past in 1742, which then lay before them
upon his Majestie's Reference, they, most unexpectedly, did also
report for the Disallowance of the three old acts of 1722 & of May,
1729, k Feb., 1729. Their Reason for reporting agt- those old acts
was that they were in Substance the same or like to the Act of
1742, and they thoN those Acts, old as they were, were equally liable
to the Crown's approbation or Disapprobation, because they had
been laid only before the Board of Trade and not before the Privy
Council. This was an extraordinary Attempt of the Board of
Trade upon a Point which had never been decided nor ever made
before. And if that Point was to be confirmed, & that thereupon
an Act of the Year 1722 might be disallowed in the year 1746,
after a Space of 24 years, there was no saying hoiu far the Crown
might go back, & the Crown might possibly under the like Pretence
proceed now to disallow any the very oldest Laws or Constitutions
of the Province.

" Which was a matter of infinite Importance.

"Wherefore the Proprietors immediately petitioned the King
not to confirm so much of the Board of Trade's Report as advised
the Repeal of the s'd old acts, but to have an opportunity to be
heard aft that Part of the Report.

" And by such Petition the Proprietors stopped any immediate
Repeal going from hence of those old acts of 1722 k of May, 1729,
& Feb., 1729.

"If the Practice of laying American Acts (heretofore) before the
Board of Trade instead of laying them before the Privy Council,
shou'd come to an Examination k shou'd be finally determined to
have been wrong, the consequences are very dreadful j for perhaps
all the Acts so laid are null & void for not having been laid within
five years before the Privy Council ; but at least it may lett in the
Crown to consider them and to repeal them (if the Crown thinks
fit) at any age or Distance of Time whatever.

"Therefore it was thought by much the most prudent way to de-
lay the Affair & not to come to a Decision of such a mischievous
Question ; k therefore the Reference of the Proprietors sd- Petition
was kept back & with some difficulty prevented from being heard.

PROVINCIAL COUNCIL. 501

But that Delay of the same was obtained on Intimations being
given to the Board of Trade that the Assembly of Pensilvania (in
order to make the Decision of that Question here wholly unnecessary}
would pass a new Act, clear of the then present Objections, and
therein would themselves repeal all the four unrepealed Acts of 1722,
of May, 1729, of Feb., 1729, & of Septr- 1738. This it was
imagined might be easily undertaken, for because in the Act of
1742 the Assembly had (once already) actually repealed all those
four former Acts, but such their Repeal was it self repealed here
so as to become of no Force.

"But now, after waiting three years for a new Act, to be like to
that of 1742 in all Things save what the Board of Trade objected
to in that Act, & to contain a Repeal again of the four- old Acts,
The Assembly have proceeded upon the Foot of one of those old
Acts, viz., that of Feb., 1729 (tho' by their present Act of 1749
they acknowledge in Effect that that is not a proper Act) and they
-appoint a new P'son to collect the Dutys imposed by the Act of
Feb., 1729, in the Place of Mr. Chas- Read, decd-

" Should this Act, therefore, of August, 1749, be presented now
for Approbation, it will certainly and unnecessarily revive the dan-
gerous Question made us aforesaid in December, 1746; and the
Board of Trade may also conceive that there has not been so much
Candour shewn on this Occasion as has always wont to be shewn
on others, seeing they were induced to expect as well from what the
Assembly themselves did once in 1742, as from what the Proprietors
in 1746 said might be again expected from the Assembly ; that the
Assembly themselves would have repealed and put out of the way
all the four old Acts of 1722, & of May & Feb., 1729, & of 1738.

u Which it is most certain the Assembly have not done, But
which it's hoped the Assembly will do, as also will re-enact the
Purport of their Bill of 1742 (only amended in the objectable
Parts) before this Act of August, 1749, need to be presented; and
then indeed it will be no great Matter what comes of this present
Bill of August, 1749, as the Purport of this part'lar Bill may be
Included in such a general Bill to be passed. The Province of Pen-
silvania and its Assembly have always acted so becoming a Part
towards the Crown & its several Boards & offices, & have thereby
gained such good Regard and Esteem, as to stand in a very fair
Light here ; And it is wished that it may be never put in the Power
of any P'son to think that they have acted so as to forfeit that Re-
gard & Esteem, which has often been & may be again of great Use
Jk, Service to the Province in many of their Affairs."

502 MINUTES OF THE

At a Council held at Philadelphia. Monday the 28th of January
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, 1

Benjamin Shoemaker, Robert Strettell, I _«

Joseph Turner, Thomas Hopkinson, f *- ■ -
Richard Peters, J

The Minutes of the preceding Council were read and approv'd.

Three Bills were presented to the Governor by the Assembly for
his concurrence; The First Entitled " An Act for Explaining and
corroborating the Boundary Line between the Counties of York and
Cumberland in the Province of Pennsylvania," was read three times
and agreed to with this single Exception, that the word corroborat-
ing in the Title should be altered into the word ascertaining, and
the Secretary was ordered to return it to the House with this
amendment.

The other Bills, viz. : One Entitled "An Act for amending of the
Law relating to the Probate of Wills within this Province/' and the
other Entitled " An Act for the better regulating the nightly watch
within the City of Philadelphia and for enlightening the Streets,.
Lanes, and Alleys, of the said City, and for raising of Money on the
Inhabitants of the said City for defraying the necessary Expence
thereof," were read the first time and in part considered, after which
the Council adjourned to the first of the next month.

At a Council held at Philadelphia, Friday the First of February,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Samuel Hassell, }

Benjamin Shoemaker, Robert Strettell, I ™ .

Joseph Turner, Thomas Hopkinson, j s4uires'
Richard Peters, J

The Minutes of the preceding Council were read and approved.

" An Act for amendment of the Law relating to the Probate of
Wills within this Province " was read a second time. Agreed that
the Bill be returned with the following Message :

PROVINCIAL COUNCIL. 503

A Message from the Governor to the Assembly.
<i Gentlemen :

" I have with the utmost care and Attention considered the Bill
now before me, entituled " An Act for Amendment of the Law re-
lating to the Probate of Wills within this Province," and on perusing
the Clause of the Royal Charter which authorizes the Proprietary,
His Heirs, and their Deputies and Lieutenants, to appoint and estab-
lish any Judges and Justices, Magistrates and other officers what-
soever, for what causes soever for the Probates of Wills and the
granting of Administrations within the Province, and with what
Power soever and in such Form as to the said Proprietary or his
Heirs should seem most convenient, and the Acts of Assembly of
the fourth and tenth of Queen Anne, recited in the Preamble to the
Bill, am of opinion that a Law of this hind is unnecessary and may
be attended with dangerous consequences to the present and future
Rights, Properties, and Estates of the Inhabitants of the Province^
for the following Reasons :

"1. Such a Law is unnecessary because the Royal Charter giv-
ing Power to the Proprietary to appoint Judges and officers, for
what causes soever and with what Power soever, for the Probates of
Wills, &c, and the Acts of the fourth and tenth of the Queen, direct-
ing the Modes of such Probates, even in case of Litigation, sufficiently
provide for^the Probates of Wills, as well concerning real as personal
Estates, which is manifest not only by constant usage since the
making those Laws, but by all Acts, both Legislative and Judicial,
since the Settlement of the Province.

" 2. Were it otherwise this Bill would prove an incompetent
Remedy, because by the Law of our Province Wills proved in Eng-
land, the neighbouring Provinces, or elsewhere, before such as' have
Power to take Probates of Wills and grant Letters of Administra-
tion, are sufficient to pass and assure Lands in this Province with-
out further Proof.

u 3. The Declaration in the first and second Pages of the Bill,
that the Powers granted by the Acts of the fourth and tenth of the
Queen to the Register General being limited to those granted by the
Royal Charter, can relate to the Probate of Wills concerning Per-
sonal Estates only, if true (which must be admitted should the Bill
become a Law) would effectually subvert all Estates real depending on
Probates made since and as under the Royal Charter and those Laws.
For if the Register General had no Power to take the Probates of
Wills concerning real Estates, all his Probates of Wills as to such
Estates are Void, and the Devisees and those claiming under them
must lose their Estates Unless the Witnesses are present to prove
the Wills according to the Directions of this Bill.

" 4. The Generality of the Words in the Beginning of the third
Page, Viz. : < When at any Time after the Publication of this Act,

504 MINUTES OF THE

any Writing shall be exhibited, &ca-' will admit the Exhibition of
writings heretofore adjudged void according to the Laws now in
Being, which would be highly inconvenient in regard to the Stirring
up Strifes and Suits, the Alteration there may be in the Testimony
by the Deaths or absence of Witnesses, and the subversion of Es-
tates settled in and under the Heirs at Law.

"5. In the third Page of the Bill are these Words: ' Whereby
any Lands, Tenements, or real Estate within this Province is de-
vised/ Here may not a Fact be uncertain which the Bill supposes
will be always evident (to wit) : Whether Lands, Tenements, or real
Estate are devised. For instance, devising all a Man's Estate will
pass the real, and yet as from the Will it cannot appear whether he
died seized of Lands, that must be a Fact unknown of which the
Bill has established no Mode of trial, notwithstanding the Validity
of the Proceedings in the Court of Law and of the final Sentence
depend upon it. Again, suppose a man should devise real Estate
in the Province and have none, would not such a Devise improperly
within the Intent of the Bill draw the Jurisdiction from the Register
to the common Law Court ?

" 6. It is observable on these words in the same Page : ' Or where
the Personal Estate thereby bequeathed shall exceed one Hundred
Pounds ' that it may be questioned whether they mean one Hundred
Pounds in Specie or Chattels to the Value of one Hundred Pounds,
the same Reason subsisting to enact the like Mode of Trial for one
as for the other. If the latter, how is the value of the Chattels to
be ascertained? Again, suppose a man having given particular
Legacies under one Hundred Pounds bequeathes the Residue of
his Personal Estate, how is the Residue to be ascertained or the
Value known ? If a man bequeathes his Personal Estate generally,
how are the Register and Justices to determine what it consists of,
or the Value ?

" 7. In the fifth Page of the Bill there is a saving clause to In-
fants, Married Women, Persons out of the Province -or of unsound
mind and memory, -their Rights to sue and implead in the same man-
ner concerning the validity of the said Wills ; Under this Clause
the Interest of Purchasers under Devisees and Heirs upon Wills
decreed valid or invalid must be extremely precarious. But it seems
to me to render the office of an Executor or Administrator very dan-
gerous. The Law on Payment of Legacies or distributary Portions
authorizes the Executor or Administrator only to demand Bonds, to
indemnify against latent Debts. Immediately on the Tender of such
Bonds they ought to pay the Legacies or Portions, and if they refuse
the Law will oblige them, with the additional Charges of Interests
and Costs; And yet upon this Clause they may be compelled, on a
second Sentences differing from the first, to pajr the whole Estate
to a new Executor or Administrator as the Case Shall happen, Altho'
nothing can be recovered from those who received the Estate through

PROVINCIAL COUNCIL. 505

absence, Death, Poverty, or other Disability, and the other saving
Clause in the Sixth Page to all and every other Person and Persons
who may think him, her, or themselves aggrieved, their Rights by
Appeal, Writs of Certiorari, Writs of Error, or other Writs, as they
shall be advised to be made returnable to the Supream Court of this
Province, &c, is liable to the same objections, but is more dangerous
with regard to the Consequences, as those Writs may be brought
without Limitation of Time.

" For these Reasons I cannot pass this Bill into a Law.

"JAMES HAMILTON.

" Philadelphia, February 1st, 1750."

"An Act for the more effectual preventing Accidents which may
happen by Fire, and for suppressing Idleness, Drunkeness, and other
Debaucheries," was read and agreed to with some amendments, which
were ordered to be transcribed and delivered to the House with the
Bill. m

"An Act for the better regulating the Nightly Watch within the
City of Philadelphia, and for Enlightening the Streets, Lanes, and
Allies of the said City, and for raising of Money on the Inhabitants
of the said City for defraying the necessary Expences thereof," was
read a second time. It appearing to the Council that the Design of
the Bill was really for the Publick Utility but wanted many amend-
ments, the following Message was agreed to and sent to the House,
and the Governor detained the Bill till the next Sessions :

"A Message from the Governor to the Assembly.
"G-entlemen :

" I am very sensible of the many Dangers the Inhabitants of the
City of Philadelphia are exposed to by the Darkness of their Streets
and the want of a well-regulated Watch in the Night, of their earnest
Desires to have and your good Intentions to provide a suitable Law
for their speedy Relief, and therefore no Bill concerning the City,
with regard to its general Design and Utility, can possibly be more
agreeable to my Inclinations than that now before me for the better
regulating the Nightly Watch within the City of Philadelphia, and
for enlightening the Streets, Lanes, Allies of the said City, and for
raising of Money on the Inhabitants of the said City for defraying
the necessary Expences thereof; But as the Provisions in the Bill
which relate to the Properties, and may essentially affect the Liber-
ties of the Citizens and other Inhabitants of the Province resorting
to the City, are such as we have yet had no experience of, and seem
in many Instances to deviate from the Laws of our Mother Country
in the like Cases, I have resolved, in order to give it mature and
deliberate consideration, to advise untill your Meeting, after next
adjournment.

"JAMES HAMILTON.

"February 1st, 1750."

506 MINUTES OF THE

John Morris, alias John Morrison, Labourer, Elizabeth Robinson,
Spinster, Francis M'Coy, Taylor, and John Crow, Labourer, all of
the City of Philadelphia, having been tried for Burglary at the
Supreme Court held at Philadelphia the twenty-eighth, Twenty-
ninth, and thirtieth Days of January last, and convicted and con-
demned to death, the Record of their Conviction and Sentence was
read. The Governor signified to the Council that the Judges in
their Report to him had represented all of them as really guilty of
the Facts with which they were charged, and that they were attended
with many aggravating Circumstances, but that Crow, in Extenuation
of his Guilt, had early made a Confession of the Fact, and informed
of the Persons concerned with him, who were apprehended on Crow's
Information, and if Mercy was to be extended he was the least guilty.
After duly considering the horrid nature of the Crime, a warrant
was ordered to be made for the Execution of Morrison, Robinson,
and M'Coy, and a Reprieve for John Crow.

A Bill Entitled "An Act for erecting Houses of Correction and
Workhouses in the Countie#of Lancaster, York, and Cumberland,
within this Province," was presented to the Governor by the As-
sembly for his concurrence, and was read the first time and in part
considered.

At a Council held at Philadelphia, Wednesday the sixth of
February, 1750.

present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Samuel Hassell, ")

Robert Strettell, Benjamin Shoemaker, 1 ^

Joseph Turner, Thomas Hopkinson, | ^

William Logan, Richard Peters. J

The Minutes of the preceding Council were read and approved.

The Governor on the second Instant received the following Mess-
age from the Assembly in answer to his relating to the Watch
Bill, whereupon he had resumed the consideration thereof, and after
consulting the Attorney General and such of the council as were
members of the City Corporation, he had drawn up a Set of amend-
ments which were read, and after long consideration and some
alterations the amendments were agreed to and the Secretary was
ordered to return the Bill with those amendments.

A Message to the Governor from the Assembly.
{i May it please the Governor :

" We have read and considered the Governor's Message upon our
Bill, for regulating the Nightly Watch, &ca-' and are much pleased

PROVINCIAL COUNCIL. 507

to find how sensible he is ( of the many Dangers the Inhabitants of
the City of Philadelphia are exposed to by the Darkness of their
Streets and the want of a well-regulated watch in the Night ; of
the earnest Desires of the Inhabitants, and of our good Intentions
to provide for their speedy Relief.' This induces us to hope the
Governor, upon mature Consideration, will be pleased to pass our
Bill, as on our Parts we have carefully endeavoured to answer the
Desires of the Inhabitants of this City as nearly as might be in
conformity with the Prayers of their Petition, upon which the Bill
was originally founded. But we are deeply affected with the ap-
prehensions the Governor entertains, ' That the Provisions in the
Bill which relate to the Properties, and may essentially affect the
Liberties of the Inhabitants of the Province resorting to the city,
are such as we have had no experience of, and seem in many In-
stances to deviate from the Laws of our Mother Country in the like
cases.' In forming of this Bill we have constantly had in view the
Method prescribed by our Laws for raising County Rates and
Levies, because on long experience we have found them to give
general Satisfaction to the Inhabitants of this Province, and
effectual in discharging the Publick Debts with Honour. We are
not sensible of any material Difference in this Bill unless the In-
habitants of the city of Philadelphia, by any misfortunes peculiar
to themselves, must be precluded from that Benefit which every
other Part of the Province has a Right to ; And should we in any
instance ( seem to deviate from the Laws of our Mother Country in
like cases,' we hope, on examination, they will appear neither to
contradict nor vary from them farther than our Charters and our
Laws warrant us in order to make them more suitable to the cir-
cumstances of this Province.

"The Necessity of an immediate Provision for securing the
Inhabitants of this city from their Fears and the great Dangers
they are liable to continually for want of a sufficient and regular
Watch in the Night, call upon us to become earnest solicitors with
the Governor that he would be pleased to give the Bill now lying
"before him all the Dispatch the circumstances of these unhappy
times require.

" Signed by order of the House,

"ISAAC NORRIS, Speaker.

" 2d February, 1750."

The Bill for erecting Houses of Correction and work -houses in the
Counties of Lancaster, York, and Cumberland, within this Province,
was read, amended, and the Bill ordered to be returned to the House
with the amendments.

The Governor having received by the last Post a Letter from
Governor Clinton, with some Papers relating to Indian Affairs, the
same were read and sent to the Assembly and are as follows :

508 MINUTES OF THE

A Letter from, Governor Clinton to Governor Hamilton.
« SrT

" Your Favour of the 22d instant I have received, and am glad
that you are of the same opinion with me in relation to Indian

Affairs.

" I send you a copy of an Inscription on a leaden Plate stolen
from Jean Coeur some months since in the Seneca's Country, as he
was going to the River Ohio, which plainly demonstrates the French
Scheme by the exorbitant claims therein mentioned ; also a copy of a
Cajuga Sachim' s Speech to Col0- Johnson, with his Reply, on the sub-
ject matter of the Plate, which I hope will come time enough to
communicate to your Assembly.

" I am with very great Regard, Sr"

" Your Honour's most obedient and very humble Servant,

"G. CLINTON.

"Fort George, 29th January, 1750."

The Speech of a Cajuga Sachim to Col. Johnson, with his Reply.
11 Mount Johnson, December 4th, 1750.
" At the desire of the Five Nations, I called the Chiefs of the
Mohawks to my House where Scanaghradeya, a Cajuga Sachim,
after the usual compliments, spoke to me as follows :

11 1 Brother Corlear & Warraghiyagee :

" ' I am sent here by the Five Nations (with a Piece of writing
which the Senecas our Brethren got by some Artifice from Jean
Cour) to you, Earnestly beseeching you will let us know what it
means, and as we put all our Confidence in you or Brother, hope
you will explain it ingeniously to us/

" Deliver'd a leaden Square Plate.

" A Belt of Wampum.

" l Brother — I am ordered further to acquaint you that Jean Cour,
the French Interpreter, when on his Journey (this last summer) to
Ohio River, Spoke thus to the Five Nations & others in our Al-
liance.

" * Children — Your Father (meaning the French Governor)
having out of a tender Regard for you considered the great Difficul-
ties you labour under by carrying your Goods, Canoes, &ca-' over
the great carrying Place of Niagara, has desired me to acquaint
you that in order to ease you all of so much trouble for the future
he is resolved to build a House at the other end of said carrying
Place, which he will furnish with all necessaries requisite for your
use.'

"A Belt of Wampum.

PROVINCIAL COUNCIL. 509

iU Brother — Jean Cour also told us that he was now on his way
to Ohio River, where he intended to stay three years & desired some
of Us to accompany him thither, which we refused, whereupon he
answered he was much surprised at our not consenting to go with
him, inasmuch as it was for our Interest & ease he was sent thither
to build a House there, also at the carrying Place between said
River Ohio and Lake Erie, where all the Western Indians should
be supplied with whatever Goods they may have occasion for, & not
be at the trouble & loss of time of going so far to Market as usual7
(meaning Oswego) after this; he desired to know our opinion of the
Affair & begged our Consent to build in said Places ; he gave us a
large Belt of Wampum thereon desiring our answer., which we told
him we would take some time to consider of.

" ' Brother — -We have nothing further to add at present but to ac-
quaint you that your Brethren the Senecas have made two new
Sachims, which they desired I would let you know, and their titles,
so that when you may have occasion to speak to them you should
be at a Loss therein ; they are called O'nogh'caritawey and Sagan-
giona, two very good men, whom we hope may be agreeable to you/

"A String of Wampum.
" ' Brethren of the Five Nations :

'• CI am always glad to see you here at my House., but never more
so than at this Juncture, as it puts it in my Power now to be of the
greatest Service to you and of convincing you that the Confidence
you have always reposed in me was justly grounded, and will ever
prove the greatest advantage to you while you continue to behave
as you should, and follow your Brother the Governor's advice and
not suffer yourselves to be wheedled or mislead by the fine Speeches
of your greatest Enemy the French, who have not nor ever had your
welfare at heart, as you are sensible of from their many former
Cruelties and ill Treatment to your People. But their Scheme now
laid against you and yours (at a time when they are feeding you up
with fine Promises of serving you in several Shapes) is worse than
all the rest, as will appear by their own writing here on this Plate,
Note. — I repeat here the Substance of said writing with some neces-
sary additions. Giving a large Belt of Wampum to confirm what
I said, which Belt with the rest are to sent through all the nations
as far as Ohio River.

" ' Brethren — This is an affair of the greatest Importance to you,
as nothing less than all your Lands and best Hunting Places are
aimed at, with a view of secluding You entirely from Us and the
Rest of your Brethren, viz., the Philadelphians, Virginians, &ca-:'
who can always supply You with the necessaries of Life at a much
lower rate than the French ever did or could, and under whose Pro-
tection you are and ever will be safer and better served in every
respect than under the French. These and a hundred other sub-
stantial Reasons I could give you to convince you that the French

510 MINUTES OF THE

are your implacable Enemys; but as I told you before the very In-
strument you now brought me of their own writing is sufficient of
itself to convince the world of their villainous designs, therefore I
need not be at the trouble, so shall only desire that you and all
other Nations in Alliance with you Seriously consider your own
Interest, and by no means submit to the impending danger which
now threatens You, the only way to prevent which is to turn Jean
Cour away immediately from Ohio and tell him that the French
shall neither build there or at the carrying Place of Niagara, nor
have a foot of Land more from You. Brethren : what I now say I
expect and insist upon it be taken Notice of and sent to the Indians
at Ohio that they may immediately know the vile Designs of the
French.'

"A Belt of Wampum.
" ' Brother Corlear & Warraghiyagee :

'"I have with great attention and Surprise heard you repeat the
Substance of that Devilish writing which I brought You, and also
with Pleasure noticed Your just Remarks thereon, which really
agree with my own Sentiments on it. I return You my most
hearty thanks in the name of all the nations for Your Brotherly
Love and Cordial advice, which I promise you sincerely (by this
Belt of Wampum) shall be communicated immediately and Ver-
batim to the Five Nations by myself, and moreover shall see it
forwarded from the Seneca's Castle with Belts from each of our own
Nations to the Indians at Ohio to strengthen Your desire, as I am
thoroughly satisfied you have our Interest at Heart.

" WM. JOHNSON.

" A true Copy, Exam* this 24th January, 1750.

" GEO. BANYAR, D. SECRY."

The Inscription of the French on Leaden Plates, buried at Ohio,
is as follows :

"IN THE YEAR 1749, DURING THE REIGN OF LOUIS
XV., KING OF FRANCE, W. E. CELORON, COMMANDER
OF A DETACHMENT SENT BY THE MARQUIS DE LAGA-
LISSONIERE, COMMANDER-IN-CHIEF OF NEW FRANCE,
TO RESTORE TRANQUILLITY IN SOME SAVAGE VIL-
LAGES OF THESE DISTRICTS, HAVE BURIED THIS
PLATE AT THE CONFLUENCE OF THE OHIO AND TCH-
A-DA-KOIN, THIS 29TH OF JULY, NEAR THE RIVER
OHIO, ALIAS ' BEAUTIFUL RIVER' (BELLE RIVIERE),
AS A MONUMENT OF OUR HAVING RE-TAKEN POS-
SESSION OF THE SAID RIVER OHIO AND OF THOSE
THAT FALL INTO THE SAME, AND OF ALL THE LANDS
ON BOTH SIDES AS FAR AS THE SOURCES OF THE SAID
RIVERS, AS WELL AS OF THOSE OF WHICH THE PRE-

PKOVINCIAL COUNCIL. 511

CEDING KINGS OF FRANCE HAVE ENJOYED POSSES-
SION, PARTLY BY FORCE OF ARMS, PARTLY BY TREA-
TIES, ESPECIALLY BY THOSE OF RISWICK, UTRECHT,
AND AIX-LA-CHAPELLE."

The above is a translation of an inscription in French on a leaden
plate which was buried at the mouth of the Ohio, &*a-

A Message was sent to the Governor bj the House in answer to
his delivered with the Bill for regulating the Probate of Wills,
which follows in these words :

A Message to the Governor from the Assembly.

u May it please the Governor :

" The Manner in which the Bill for regulating the Probate of
Wills was recommended to the last Assembly, ' as a Bill proper to
be considered at a time of more leisure, when the House could give
it all the Attention an Affair of such Importance required,' induced
us to hope that at this time, when we have all the Leisure and
Willingness necessary to finish this Bill, the Governor would have
' proposed such Clauses to be added or have altered it so as to avoid-
any Inconveniences which he might apprehend would arise from
the Bill as it stood, and not incur others ;' But if the Governor sup-
poses the Reasons he has been pleased to send us are decisive, we
beg Leave to declare our Sentiments upon such of them as relate
to the Powers of the Register General or his Deputies, with such
Justices as he may call to his Assistance by Vertue of our Acts of
Assembly, to judge of the validity of Last Wills made concerning
Lands only, or such wills as concern Lands and Goods, that they
are, so far as regards the Lands, not only against the words and
Intention of those Acts, but directly repugnant to the Laws of
England.

" We hope when the Governor considers the dangerous Conse-
quence of trusting such Powers in the Hands of the Register
General and his Deputies, as in a great Degree subjects the Last
Will of every Inhabitant of this Province to their Decision, he will
excuse our earnest Desires to be heard upon this Occasion, as
becoming us with regard to himself and our incumbent Duty to our
Constituents.

" Signed by Order of the House.

" ISAAC NORRIS. Speaker.

« February the 5th; 1750."

512 MINUTES OF THE

At a Council held at Philadelphia, Friday the 8th February,

1750.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Esqrs.

Thomas Lawrence, Samuel Hassell,

Robert Strettell, Joseph Turner,

Benjamin Shoemaker, William Logan,

Thomas Hopkinson, Richard Peters,

The Minutes of the preceding Council were read and approved.

The House returned the Bill for Erecting Houses of Correction
and Workhouses in the Counties of Lancaster, York, and Cumber-
land, within this Province, with a Verbal Message That the House
having considered the Governor's amendments to that Bill are of
opinion that the Bill as it now stands is well suited to the Circum-
stances of those Counties; that the Governor's amendments will
wholly alter the Design thereof, and therefore the House adheres to
the Bill. To which the Governor sent them an answer by his Sec-
retary in the words following : That he is sorry he differs in Senti-
ments from the House with regard to that Bill; but as the amend-
ments by him proposed are the Result of his Judgment, after
mature Consideration of the Bill, he cannot therefore recede from
them.

And at the same time the following written Message relating to
the Bill for regulating the Probate of Wills was likewise delivered
hy the Secretary to the House.

Ji Message from the Governor to the Assembly,
" Gentlemen :

"When I sent the last Assembly the Message mentioned in
Yours of the fifth Instant, Alto' I saw many Inconveniences attend-
ing the Bill for regulating the Probate of wills then before me, yet
I was unwilling to refuse my Assent to it without that due Consid-
eration which I shall ever have of Matters coming from the Repre-
sentatives of the Province of Pennsylvania. I have since considered
it with the utmost care, and as the Bill lately sent down to you is
essentially the same, I have given you my Reasons why I cannot
pass the latter into a Law, and am not capable of saying more upon
the Subject.

"JAMES HAMILTON.

"February 7, 1750."

The Assembly returned to the Governor the Bill for the better
regulating the Nightly Watch within the City of Philadelphia, and
for enlightening the Streets, Lanes, and Alleys of the said City,

PKOVINCIAL COUNCIL. 513

and for raising Money on the Inhabitants of the said City for de-
fraying the necessary Expences thereof, with the amendments and
a Paper setting forth that some of them were agreed to and others
not ; which Paper was taken into Consideration by the Council and
returned by the Governor with the Bill to the House, and a Mess-
age that the Governor would pass it as it was then amended, to
which the Assembly agreed.

A Bill to encourage the establishing an Hospital for the Relief
of the Sick Poor of this Province, and for the Reception and Cure
of Lunaticks, was delivered to the Governor in Council for his Con-
currence j and after mature Consideration it was unanimously
agreed that the Bill be detained till the next Sessions.

At a Council held at Philadelphia, Saturday the 9th February,
1750.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Samuel Hassel, ")

Robert Strettell, Joseph Turner, ( ™

Benjamin Shoemaker, "William Logan, j ^

Thomas Hopkinson, Richard Peters, j

The Minutes of the preceding Council were read and approved.

The following Message was delivered yesterday evening by two
Members to the Governor :

A Message to the Governor from the Assembly.
(t May it Please the Governor :

" We have taken into our serious Consideration the Governor's
Messages concerning Indian Affairs, with Governor Clinton's Let-
ters and the other Letters and Papers therein referred to, and being
fully convinced that these Matters are of such Importance as to
deserve our Care and Attention, we have concluded to meet again
some weeks before the Time proposed by Governor Clinton for the
Treaty with the Indians of the Six Nations at Albany, in order that
we may then be more fully informed of the Affairs of the Indians
in our Alliance, and may consider what may be fitting for us to do
with regard to them, and whether it will be necessary for Us to
bear a Part in the said Treaty.

" As the Money voted at our last Sessions for a Present to the
Indians at Ohio was soon after laid out in Goods proper for them,
We have (in order to expedite their being sent forward as soon as
possible) enjoined Conrad Weiser to go over Sasquehannah and
agree for their Carriage, and carefully to observe such Directions
vol. v. — 33.

514 MINUTES OF THE

as the Governor may be pleased to give him for that Purpose, and
the Provincial Treasurer to discharge such Sums as he may con-
tract to pay for the charges of conveying those Goods to Ohio.

" The Regard and Concern expressed by the Governor on this
Occasion is very grateful to Us, and engages us fully to confide in
his Assurances of performing what we may hereafter request him
to do therein for the Intereft of the Province.

" Signed by Order of the House.

"ISAAC NORMS, Speaker.
" February 8, 1750."

Then the two Members informed the Governor that the House
inclined to adjourn to the sixth of May next, that they have agreed
to his amendments of all the Bills which would be engrossed ready
for Examination to-morrow morning, and further that he would let
the House know his Result on the Hospital Bill ; in answer to
which his Honour told them that he had no objection to the pro-
posed time of adjournment, that he would appoint two Members of
his Council to join a Committee of the House in examining the
Bills as this Morning, and that it was impracticable for him to
consider the Hospital Bill duly, but he would send his Sentiments
thereon to the House at their next Sitting.

" The engrossed Bill having been compared and found to agree,
and the Speaker with the House having presented them to the Gov-
ernor in order that they might be enacted into Laws, his Honour
passed the three following acts, viz. :

" An Act for explaining and ascertaining the Boundary Line be-
tween the Counties of York and Cumberland, in the Province of
Pennsylvania."

" An Act for the more effectual preventing Accidents which may
happen by Fire, and for suppressing Idleness, Drunkenness, and
other Debaucheries "

" An Act for the better regulating the Nightly watch within the
City of Philadelphia, and for enlightening the Streets, Lanes, and
Alleys of the said City, and for raising of Money on the Inhabit-
ants of the said City for defraying the necessary Expences thereof."

Then the Speaker presented the Governor with an Order on the
Treasurer for Six Hundred Pounds.

MEMORANDUM.

During the course of this Session the Governor had several pri-
vate Conferences with the Speaker and some of the principal Mem-
bers of the House on the State of Indian Affairs, and was in hopes
that the following Proposal made by the Proprietaries would have
induced them to encourage him to order the Persons intrusted with
the Delivery of the Present at Ohio to make the Indians some over-

PROVINCIAL COUNCIL. 515

tures of this sort ; but the Members appeared extremely averse to
it, which obliged the Governor to desire Mr. Croghan to do no more
than sound the Indians in a private manner that he might know
their Sentiments before he should do any thing further in the mat-
ter, well knowing that unless the Assembly would go heartily into
the Affair and make some Provision along with the Proprietaries
for the maintenance of the Fort or Block- House, and the People to
be appointed for this service, it would be to no purpose to stir in it.
He, therefore, contented himself with laying before the Assembly
the following Extract :

An Extract from the Proprietaries Letter.
u The Account you give of a Party of French having come to
Allegheny and laid claim to that Country and the Tribes of Indi-
ans with whom we have lately entered into Treaty, a good deal
alarms me ; and I hear that Party is returned to Canada threatning
to return with a greater Force next year. I have communicated
the French Commandant's Letter and Paper, with an account of
the Affair, to the Duke of Bedford and Lord Halifax, and I think
something shou'd be done immediately, if it can by consent of the
Indians, to take Possession. This I think you shou'd advise with
the Council and Assembly about, as it is of great Import to the
Trade of the Province to have a Settlement there and an House a
little more secure than an Indian Cabbin. I make no doubt the
Indians would readily consent to such a Settlement • and if there is
Stone and Lime in the neighborhood I think an House with thick
walls of Stone with small Bastions might be built at no very great
Expence, as it is little matter how rough it is within side ; or a wall
of that sort perhaps fifty feet square, with a small Log House in the
middle of it, might perhaps do better. The command of this might
be given to the principal Indian Trader, and he be obliged to keep
Four or Six Men at it who might serve him in it ; and the House
be his Magazine for Goods. If something of this sort can be done we
shall be willing to be at the expence of four hundred Pounds Cur-
rency for the building of it, and of one hundred Pounds a Year for
keeping some men with a few Arms and some Powder ; this, with
what the Assembly might be enduced to give, will in some measure
protect the Trade, and be a mark of Possession. However few the
Men are they should wear an uniform Dress, that tho' very small
It may look Fort like.

516 MINUTES OF THE

At a Council held at Philadelphia, Tuesday the seventh of May.
1751.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Benjamin Shoemaker, ~)

Thomas Hopkinson, "William Logan, V Esqrs.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

A Message was last night delivered to the Governor by two Mem-
bers of Assembly that the House was met pursuant to their Ad-
journment, and was ready to receive any thing the Governor might
have to lay before them.

The Governor signed a Writ to the Sheriff of Philadelphia to
elect a new Representative for that county in the room of the late
William Clymer, deceased, at the Instance of the Secretary, on the
Speaker's Order, directed to him for that Purpose.

The Governor having consulted the Attorney General and con-
ferred with his Council on the Hospital Bill, the following Amend-
ments were thought proper to be made to the Bill and sent along
with it to the Assembly :

" Amendments to the Bill Entitled 'An Act to encourage the es-
tablishing an Hospital for the Relief of the sick Poor of this
Province, and for the Reception and cure of Lunaticks/

" 1. Leave out all the Words between the word [whom] in the
fourth line of the 3d page, and the Word [Contribute] in the 5th
& 6th Lines of the same Page, and in their Place insert [have con-
tributed or subscribed, or shall before the first Day of the Third
Month called May next, or shall after the said first Day of May].

"2. Between the- word [towards] at the End of the 6th Line of
3d Page, and the word ^establishing] at the beginning of the 7th
line of the same page, insert the words [the founding and].

" 3. Between the words [Provine] and [to] in the 9th line of the
3d Page insert the words [or as many of them as shall think fit].

"4. Between the word [Contributors] in the 18th & 19th lines
of 3d Page and the word [or] in the 19th line of same page, insert
the word [met].

" 5. After the word [Alienation] in the 2d line of 5th page insert
the word [Bequest].

u 6. Leave out all the Words between the word [Pounds] in the
19th line of 6th page and the word [shall] in the 20th line of same
Page, and in their Place insert these words [so order'd by the
Speaker of the Assembly afsd' or any part thereof that shall here-
after be expended as the case may be, and of the Rents, Products,

PROVINCIAL COUNCIL. 517

and Interests of any real or personal Estates or Sums of Money
charitably given to the use of the said Hospital, together with a
List of such Donations].

" 7. Between the word [the] and the word [Assembly] in the
4th line of 7th Page insert the words [Governor and].

"8. Leave out the word [New] in tKe 9th line of 7th Page.

"9. Leave out the word [the] in the 14th line of the 7th Page,
and in its Place insert these Words [Act of General].

The Governor ordered the Secretary to read the following Letter
which he received last Post from Governor Clinton :

■"Sir:

" Your Favour of 29th January' I communicated (with many of
the other Governor's letters in answer to mine of 18th December
last) to his Majesty's Council, who advised me to put off the meet-
ing at Albany to the 25th of June next. For several of those
Governors that seem inclinable cannot determine till their Assem-
blies meet, which they write me will not be till next Month; and
as there is a Probability that some of them may have Proposals to
make in the Interim, in Consequence of the Resolves of their As-
semblies, If your Honour should have any I should be glad to be
informed as soon as possible. I am with very great Regard,
" Sir, Your Honour's most obedient humble Servant,

" G. CLINTON.

" Fort George, April 13th, 1751."

Then was read a letter which the Governor received from Mr.
Weiser in answer to one he had ordered the Secretary to write to
him to press him at the Instance of himself and the Assembly to go
to Ohio with the Present, which follows in these words :
41 May it please the Governor —

" By a Letter of the 13th of this Instant from the Secretary, I
understand that the Governor with the Speaker and other Members
of the House of Representatives of this Province were unanimous
that I should go to Ohio to distribute the Presents on the 15th of
May at Logg's Town, and that it was thought I could do this and
have time enough to go to Albany afterwards. With submission I
would say that it is now impossible that the Goods can be at Logg's
Town by the 15th of May. Time will show that what I here say
is true ; and besides this the Indians cannot be sent for untill the
goods are upon the Spot, because this is a hungry time with the In-
dians, and the few that live in Logg's Town cannot provide for the
rest that come from other towns. Should the Goods be stopped by
the way by rainy weather or rising of the Creeks or by any other
Accident, it would create Discontent and III ivill by many of the
Deputies to wait with an empty Belly for the Goods of which they
might after all share but little. I have experienced something of

518 MINUTES OF THE

this in the Year 1748 When the Goods could not come to Loggrs
Town according to the time appointed. So that upon the whole I
am well assured if I was to go I could not be back again before the
middle or the latter end of June next, and then the Treaty at Albany
would be over ; and before I could reach Albany the Indians of the
Six Nations would be gone home. It is my humble Opinion that
my Presence at the ensuing Treaty at Albany will be of more Con-
sequence than the Journey to Ohio. George Croghan and Andrew
Montour are every way qualified to do that Business since there is
no particular Treaty to be held at Ohio ; they must act according
to your Honour's Instruction. If Mr. Croghan's Integrity is
questioned some of the Traders at Ohio might be required to be
present and see the Goods delivered Article for Article. I am sat-
isfied there are some men on Ohio that will not spare or favour him,
as for my own Part I believe he will do all in his Power to Act
According to your Honour's Commands and leave no room of Sus-
picion, as it is well known that the Indians on Ohio take their
measures from the Six Nations, who are to be fixed for the English
at Albany. I may, perhaps, in Conjunction with Coll. Johnson, to
whom I have wrote on the subject, be of service to the Governor
of New York, so that upon what is said I hope your Honour will
be pleased to excuse me for this time from going to Ohio. I am
willing to go to Albany if your Honour or the Assembly persist in
their former Orders.

11 By Mr. Parsons I had sent a Letter to Mr. Peters, the Secretary,
[but the Contents were to your Honour] about my Intention of
taking my Son Sammy with me to the Mohocks Country, and to
leave him there to learn the Mohock Language, under the Care of one
Daniel Claus, a young Gentleman lately come from Germany, &c. ;
and as I cannot expect an answer from the Secretary I hope he has
by this time sent the Letter to your Honour. I must, therefore, beg
the favour of your Honour's Sentiments about the Premises men-
tioned in that Letter. I am,

" Sir, Your most obedient

« CONRAD WEISER.
" Heidleberg, April the 22d, 1751."

On receit of this Letter the Governor desired Mr. Croghan and
Mr. Montour to take upon them the Distribution of the Present,
and the following Instructions were drawn up for the Regulation of
their Conduct on that Occasion :

" By the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania, and Counties of New Castle, Kent, and Sussex, upon Dela-
ware:

" To George Croghan, Esquire, and Mr. Andrew Montour :
" Whereas, A Quantity of Goods to the Value of Seven Hundred

PROVINCIAL COUNCIL. 519

Pounds has been provided by the Government for the several Na-
tions of Indians . at Ohio, the same is forthwith to be carried and
distributed amongst them by you. I trust you will be sensible of
the Importance of the concern committed to your Care, and manage
with so much Prudence and Skill as that the Present shall have its
full Force and Effect.

u As soon as you arrive at Ohio let some of the Chiefs of the Six
Nations know of your coming; let them be those that You are
fully convinced are strictly attached to the English Interest, and
let them know that you have a Message and a Present from the
Governor of Pennsylvania to the Indians on Ohio, chiefly to
strengthen ,the Alliance of the Six Nations with the other Indians,
and that they must assist the Governor of Pennsylvania as if it
were in Council together, and form a Speech to be made to three
particular Nations, Viz., the Shawonese, Delawares, and Owen-
daets, and put them in mind of what was transacted three Years ago
with the Owendaets by the Six United Nations of Indians at Ohio and
the Deputies from the Government of Pennsylvania, Conrad Weiser,
Esquire, and yourselves, which you will perceive by Mr. Weiser's
Journal, a Copy of which I herein inclose You. At that time the
Owendaets promised to pay a visit to their unknown Brethren in
Philadelphia and make themselves known to them, but as they
have not fulfilled their Promise You have now brought that Pre-
sent, or Part of it, which the Government of Pennsylvania intended
to make them on their Visit; and as the Six United Nations and the
People of Pennsylvania are one People, of one Mind and one Body,
It is expected the Six Nation Brethren on Ohio should assist You
and deliver the Present in the best manner possible.

" As to the Delawares, You must inform the said Chiefs what
passed between them and Conrad Weiser at that time where you
both were present ; that the Delawares acquainted Conrad Weiser
of their lamentable Condition for the Loss of their Chief, who was a
Man well beloved by their Brethren the English, and that they the
Delawares then promised to visit their Brethren in Philadelphia to
Consult with them about a new Chief, but that those men who
made such Promise, viz., Shawanapon and Others, are since dead,
which makes their Case still the more deplorable, and that their
Brethren in Philadelphia have sent them a Present to condole with
them and wipe off the Tears from their Eyes, and advise them to
recommend such Persons to us as well as to the Six Nations, with
whom Publick Business shall be transacted, and that their Brethren
in Philadelphia will look upon them so recommended as Chief or
Chiefs of the Delawares, and use him or them accordingly on all
Occasions; and if they cannot agree about the Affair, that their
Brethren of Pennsylvania, with whom the Delawares are one People,
being come out of the same spot of Ground will advise or direct as
Occasion may require, Application of their Brethren the Delawares
being first made.

520 MINUTES OF THE

" As to the Shawonese you must acquaint the Six Nations' Chiefs
that upon their Recommendation the People of Pennsylvania are
entirely reconciled with the Shawonese, and nothing now seems want-
ing but a more free conversation and correspondence between the
Shawonese and Six United Nations, and therefore the Six United
Nations are desir'd to join with this Government in removing all
obstacles yet remaining, which can be but trifles, and that the Pre-
sent to be given them is to serve for that purpose, and that from
henceforth we jointly with the Six United Nations expect a more
free and open correspondence with the Shawonese.

"Then say, Brethren this that has been said to you now is the
chief part of our Instructions, and your Brethren the Governor of
Pennsylvania and the old men the Counsellors desire you will join
with them and assist in the whole, as it is chiefly intended to strengthen
your arms, who are the head of all the Indians in North America.
To enforce this on your minds the Governor sends you this Belt of
Wampum.

" Mr. Andrew Montour must make himself Master of what is
abovesaid so that he may be capable to be Speaker ; but if the Six
Nation Chiefs should appoint one of them to be Speaker care must
be taken that he keep to that which was agreed upon before in
Council, for it is known that some assuming fellows amongst them
will take upon them to speak in Publick and go so far astray that
they put every thing in Confusion.

u It is supposed after the Delivery of the Belt they will hold a
Council, and when by their answer you perceive that they are well
pleased, you are only to reserve so much of the Provincial Present
as will cloathe them that assist you, so that they may have each of
them a Strowd, a Shirt, a pair of Stockings, some Powder and Lead,
as you will see cause, but if they should seem dissatisfied because
nothing was said to them of a Present (tho' 'tis hoped they will be
well pleased) that then you tell them that there was some things in
reserve for them, and then you must give them a share of the
Present. When you are in Council with them you must acquaint
them in proper Form, or let Mr. Andrew Montour speak to them
in my name as follows :
" ? Brethren, the Six Nations :

tt c ^\re received a Message from you by Mr. Montour imparting to
us one from the Twightwees to you, wherein they set forth that they
are young and unexperienced and that you are their elder Brothers,
and therefore pray your advice how to behave in their new Alliance,
promising to follow it, and further desiring you to acquaint the Eng-
lish that they will ever remain faithful to them. We thank you
for your communication of this their Message, we rely on you to give
them good advice and on them to follow it, and we repeat to you
and them our assurances to behave towards you with the greatest
Friendship and affection.

PROVINCIAL COUNCIL. 521

" i Brethren of the Six Nations :

u ' You likewise did impart to us a Message given you for us by the
Owendaets, who by you complain they are not admitted into the Gen-
eral Peace ; how comes this to pass, are they not free and independent
Indians and as such have a Right to live where they please, and as
we do not infringe upon the Liberties of the Indians, so neither ought
the French to do it, and if they do it ought to be the voice of one
and all the Indians to resent and to put a stop to such unjust Pro-
ceedings.
" ' Brethren, the Six Nations :

a i We received another Message from you by Conajarca, requesting
to be informed when the Proprietaries buy any Lands of the Six
Nations, that you might receive some of the Consideration Money.
Brethren, we sent your Belt to the Six Nation Council at Onondago,
being under an Engagement to treat wTith none but them about
Lands, and they have your Belt now under consideration.

u ' Brethren, the Twightwees :

" 'As you are an antient and renowned Nation, we were pleased
when you sent your Deputies now three Years ago to sollicit our alli-
ance, nor did we hesitate to grant your Request as it came so warmly
recommended to us by our Brethren the Six Nations, Delawares,
and Shawonese ; at your further Request we ordered our Traders to
go among you with their Goods, and to sell You them at a reason-
able rate and of good sorts. We understand that in obedience to
our Commands the Traders have visited you and given you intire
Satisfaction. By one of them, Mr. Hugh Crawford, we received a
Message from you, pressing us to send a greater Number of Traders,
and to this we returned you our answer by Mr. Montour and Mr.
Croghan, who, we are informed, delivered it to you in one of your
Towns about two months ago. Mr. Croghan likewise informs Us
at the same time two other Tribes of your Nation earnestly request-
ing to become our Allies, he and Mr. Montour did receive a Writing
from You certifying such Your Request, and containing Your Prom-
ises of Fidelity and Friendship, which we have seen and approve.

" 'Brethren, the Six Nations, Delawares, Shawonese, Owendaets,
and Twightwees, Hear what we have to say to You all in general :

"'I am informed by Mr. Croghan that the French and some In-
dians in their Alliance obstruct our Traders, carry away their Per-
sons and G-Oods, and are guilty of many more outrageous Practices,
whereby the Road between us and You is now very unsafe to travel
in, nor can we ask any of the Traders to go any more amongst You
Whilst their Lives and Effects are in such imminent Danger. How
comes this to pass? Does not this proceed from the Pride and
Covetousness of Onontio, whom the Indians frequently call their
Father, because they do not see his ill designs ? The strong Houses
you gave him Leave to erect on Your Lands serves (as your Breth-

522 MINUTES OF THE

ren the English always told you) to impoverish you and to keep
your wives and children always naked by keeping the English
Traders at a Distance, well knowing the English sell their Goods
cheaper than they can afford; and I can assure You Onontio will
never rest whilst an English Trader conies to Ohio; and, indeed, if
you do not open your Eyes he will obtain his End. The strong
Houses You gave him leave to build on lrour Land makes him so
insolent and untractable/

"Given under my Hand and the Lesser seal of the said Province at
Philadelphia, the Twenty-Fifth Day of April, in the Y'ear of our
Lord one Thousand Seven Hundred and Fifty-one.

"JAMES HAMILTON."

A private Instruction was added to the above in a Letter to
George Croghan, expressingly forbidding him to make any publick
mention of building a Fort, but only desiring him to sound the In-
dians on this Point when by themselves in private Conversation.

The Governor further informed the Council that George Croghan
had been in Town and given him the following Intelligence, which
he obliged him to put down in writing, namely, that the French
Indians had made Prisoners of three of the Traders' Men and taken
their Goods, and by the Description given of them by the Indians
they must have been his Men: that it was reported that a Body of
French and French Indians had determined for the Twightwee
Country to destroy the English Traders there as soon as the Season
would permit; adding of himself that if some measures were not
speedily taken to encourage the Indians to join and repel the French
the English Interest wou'd soon come to nothing in those Parts ; and
if they shou'd lose themselves with those Indians the Six Nations
would not long continue their Regards for the English.

Mr. Croghan further related that in February last he and Andrew
Montour had been with the Twightwees on the Big Miamis Creek,
a Branch of the River Ohio j and that at the time they were there
Two Nations, called the Waughwaoughtanneys and Pyankeskees,
two Tribes of the Twightwee Nation, came into Council and
desired they might be admitted into the Alliance of the English ;
That thereupon Mr. Montour and lie (though they had no Au-
thority from the Governor), rather than discourage these People at
so critical a time did hearken to them, and drew up an Instrument
which was executed on both sides; that he the Governor had
reproved Mr. Croghan for acting in publick matters without his
orders, but had however taken the Instrument from him, and being
read, it was ordered to be entered, it might be known hereafter
what had been done :

" Whereas, At an Indian Treaty held at the Twightwee's Town
on the Big Miamis Creek, being a Branch of the River Ohio, on
Thursday the twenty-second Instant before George Croghan and

PROVINCIAL COUNCIL. 523

Andrew Montour, Twenty men of the Waughwaoughtanneys and
Pyankeskees, Two of their Indian Chiefs, viz., Takcntoa Molsin-
onghko, and Nynickoneghee, Appeared in Behalf of themselves and
their nations, and prayed that as their Indian Brothers the Twigh-
twees had been lately admitted into the Friendship and Alliance of
the King of Great Britain and his Subjects, and as they are Tribes
of the said Twightwees, earnestly desired to be admitted into the
said Chain of Friendship and Alliance of the King of Great Britain
and his Subjects, professing on their Parts to become true and
faithful Friends and Allies to the English, and so forever to con-
tinue. Mishikinoughwee and Nemesqua and all of them, Nations
in Friendship and Alliance with the English, becoming an earnest
Intercesser with the said Chiefs on their Behalfs the Prayers of the
said Chiefs of the Waughwaoughtanneys and Pyankeskees was
granted, a firm Treaty and Alliance of Friendship was then stipu-
lated and agreed on between the said George Croghan and Andrew
Montour in Behalf of the Governor of Pennsylvania and the said
Chiefs or Deputies of Waughwaoughtanneys and Pyankeskees
Nations, as by the Records of that Council held will more fully
appear. Now these Presents Witness, and it is hereby declared, that
the said Nations of Indians called the Waughwaoughtanneys and
Pyankeskees are accepted by the said George Croghan and Andrew
Montour as good Friends and Allies of the English Nation ; and
they the said Nations and the Subjects of the King of Great
Britain shall forever after be as one head and one heart, and live
in true Friendship as one People. In consideration whereof the
said Takentoa, Molsinoughko, and Nynickenowen, Chiefs of the said
Waughaoughtanneys and Pyankeskees Nations, Do hereby, in
behalf of the Nations, covenant, promise, and declare, that the
several People of the said Waughwaoughtanneys and Pyankeskees
Nations, or any of them, shall not at any time hurt or injure or
defraud, or suffer to be hurt, injured, or defrauded, any of the Sub-
jects of the King of Great Britain, either in their Persons or
Estates, but shall at all times readily do Justice and perform to them
all the Acts and ofiices of Friendship and Good Will. Item ; That the
said Waughwaoughtanneys and Pyankeskees Nations by the Alliance
aforesaid becoming entitled to the Privilege and Protection of the
English Laws, they shall at all times behave themselves regularly,
and soberly according to the Laws of the Government of Pennsylvania
whilst they live or be amongst or near the Christian Inhabitants
thereof. Item; That none of the said Nations shall at any time be
aiding, assisting, or abetting to or with any other Nation, whether of
Indians or others, that shall not at such time be in Amity with the
Crown of England and the said Government of Pennsylvania. Item;
that if at any time any of the said Waughwaoughtanneys and
Pyankeskees Nations by means of evil-minded Persons and Sowers
of Sedition should hear of any unkind or disadvantageous Reports
of the English, as if they had evil Designs against any of the Said
Indians, in such case such Indians shall send Notice thereof to the

524 MINUTES OF THE

Governor of the aforesaid Province for the time being, and shall
not give Credit to the said Reports till by that means they shall be
fully satisfied of the Truth thereof; and it is agreed that the English
shall in such cases do the same by them Li Testimony whereof,
as well the said George Croghan and Andrew Montour as the Chiefs
of the Waughwaoughtanneys and Pyankeskees Nations have smoaked
the Calumet Pipe, made Mutual Presents to each other, and here-
unto set their Hands and Seals, the twenty-second Day of February,
in the Year of our Lord one Thousand Seven Hundred and Fifty,
and in the Twenty-Fourth Year of the Reign of George the Second,
King of Great Britain, France, and Ireland, Defender of the
Faith, &ca-

" GEO. CROGHAN [l. s.]
" Signed, Sealed, and Delivered in the Presence of Us.
" CHRISTN- GIST,
" ROBT. KELLENER,

his
" THOMAS T. K. KINTON,

mark.
" JOHN POTTS,

his
" TAKEN X TOA, [l. s.]
mark,
his
" MOLSIN X OUGHO, [l. s.]
mark.

his
« NYNICKEN X OUGHEE, [l. s.]
mark,
his
'< ANDREW X MONTOUR.
mark.

" John J. P. Peter, a Delaware man, present; Lawaghannicko, a
Shawonese man, present."

These several Matters being taken into Consideration, it was
thought proper that they should be laid before the Assembly, which
was accordingly clone with the following Message :

A Message from the Governor to the Assembly.
u Gentlemen :

"I was very well pleased with your Resolution, signified to me at
the Close of the last Session, to adjourn to the Beginning of this
Month in order that you might be the better enabled to consider
from such Intelligence as might then be given You what measures
it might be proper for you to take with regard to Indian Affairs.

" I have since received a Letter from Governor Clinton, acquaint-
ing me that by Advice of his Council he has postponed his meeting

PROVINCIAL COUNCIL. 525

the Six Nations at Albany to the twenty-fifth of next Month to give
the several Governors he has applied to on that Occasion more time
to consult their respective Assemblies on an Affair of so much Im-
portance, desiring further, that if I have any Proposals to offer in
Consequence of any Resolves to be made by You, that I should im-
part them as soon as possible ; wherefore, if any such should occur
that you think necessary to be settled previous to the said Treaty,
you will please to communicate them to me with all convenient Dis-
patch, and you may assure yourselves of my Readiness to concur
with You in whatever may tend to the Interest of the Province.

" Mr. Croghan having been lately in Town from Ohio related to
me the Intelligence contained in the Paper herewith laid before you,
which for its Importance very well deserves, and I earnestly recom-
niend to your most serious Attention. He is now returned to Ohio
in order to deliver the Provincial Present to the Indians there about
the middle of this Month.

" If any thing new had happened in the Countries contiguous to
New York, I am perswaded Governor Clinton would have commu-
nicated it to me, but as he has been altogether silent on that head
I conclude there has been n® Alteration of Affairs there since your
last Session ; I have, therefore, now only to desire you to revise the
contents of the Papers then laid before you, and to come to such
Resolutions thereupon as may enable me to do what is becoming
this Government.

" The Six Nations whose Example will be followed by all the
other Indians, seem to be actually afraid of the French; and though
their Affections are manifestly in favour of the English, yet if they
find no Support from them sufficient to dispel these Fears, it must
be expected they will be obliged to quit our Interest and depend on
those who will afford them better Protection.

" This is the Light in which I see matters at present, and should
you concur with me in Sentiment I make no doubt but your Re-
solves will be answerable to the Exigency of Affairs.

"JAMES HAMILTON.

"Philadelphia, May 7th, 1751."

At a Council held at Philadelphia, Saturday, the 11th May,
1751.

PRESENT *.

The Honourable. JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Benjamin Shoemaker,")

Joseph Turner, Thomas Hopkinson, y Esquires.

William Logan, Richard Peters. )

The Minutes of the preceding Council were read and approved.

526 MINUTES OF THE

The following Message was delivered to the Governor by two
Members of Assembly :

A Message to the Governor from the Assembly.
u May it please the Governor:

u We have considered the Governor's Message concerning Indian
Affairs, and the several Letters and Papers therein mentioned, with
that Attention the Importance of them requires, and are very sen-
sible of his care and concern to confirm and extend our Interest
with our Indian allies.

u As we find there is no late Intelligence of a material change in
the state of these Affairs, We hope the Presents lately sent to the
Indians at Ohio will be received by them as Proofs of our Friend-
ship, and may (if properly distributed by the Persons appointed to
deliver them) have the desired good effect of confirming them in
their Alliances with us. We doubt not the Governor has given the
necessary Instructions to those who are entrusted therewith ; and
as the Interest of the Province is essentially concerned in the con-
duct of the Persons employed on these Occasions, we shall readily
concur with the Governor in any measures necessary to prevent
them from entering into any Engagements further than his Instruc-
tions shall Warrant.

" As we do not apprehend our joining in the intended Treaty at
Albany to be necessary at this time, we request the Governor to
direct Conrad Weiscr to meet the Six Nations there with the small
Present provided for them, and a Message of Condolence on the
Death of Canassatego and their other chiefs who were our steady
Friends, and if on the Intelligence we may receive at our next
Meeting any further measures should appear to us proper to enter
into, we shall chearfully concur in doing what may be most condu-
cive to the Peace and Tranquility of the Province.
" Signed by order of the House.

"ISAAC NORMS, Speaker.

" May 9, 1751."

The House having agreed to all the Amendments made by the
Governor to the Hospital Bill, except the seventh, which was with-
drawn, the Bill was returned with a Message that his Honour
would pass it when presented to him for that Purpose; that there-
upon the amended Bill had been engrossed and compared, and the
Governor had appointed the House to wait on him this Morning in
the Council Chamber in order to enact it into a Law, which was
accordingly done, and a Committee appointed to see the Great Seal
affixed to it and the Law deposited in the Rolls Office.

The House, with the Governor's Consent, adjourned to the
twelfth of August next.

PROVINCIAL COUNCIL. 527

At a Council held at Philadelphia, Saturday the 29th of June,
1751.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Thomas Hopkinson, ^

Robert Strettell, William Logan, { ^

Benjamin Shoemaker, Richard Peters, f *

Joseph Turner, . J

The Minutes of the preceding Council were read and approved.

Information having been lately transmitted of his Royal High-
ness' Death on the — Day of March last, together with his Majestie's
Order in Council for a General Mourning, it was unanimously
agreed to address his Majesty on that truly sorrowful Event in the
words following :

"TO THE KING'S MOST EXCELLENT MAJESTY.

" The Humble address of the Lieutenant Governor and Council of
the Province of Pennsylvania and Counties of Newcastle, Kent,
and Sussex, on Delaware.

" Most Gracious Sovereign :

"As no Affliction can befall your Majesty of which your re-
motest Subjects do not partake, Permit us, with Hearts full of
Grief, humbly to condole with your Majesty on the inexpressible
Loss Your Majesty and the Nation have sustained in the Death of
his late Royal Highness the Prince of Wales — A Loss by so much
the more to be lamented as that excellent and most amiable Prince
possessed so many shining Qualities and uncommon Virtues; nor
can this melancholy Event admit of any Consolation but in our
Hopes of the Continuance of your Majestie's Health, which we most
sincerely rejoice to hear is perfectly re-established.

" If the fervent Prayers of all good Men may prevail, we have
the strongest reason to hope that your Majestie's precious Life will
long be spared as a Blessing to your Dominions and for an Ex-
ample of Instruction to the Young Prince, who having the inesti-
mable advantage of being formed by Your Majestie's wise Counsel
and Direction, cannot fail to imbibe those just Maxims of Govern-
ment, by the Practice whereof Your Majesty has so successfully
promoted the true Interest of Your People and are so deservedly
the object of their warmest Gratitude and Affection.

"We pray God to comfort and support Your Majesty under this
heavy Affliction, Alleviate Your Sorrow, and shower down on Your
Royal Person and every Branch of Your Royal Family the choicest
of his Blessings."

528 MINUTES OF THE

The above was signed by the Governor and all the Members
present, and sent to the Proprietor to be presented to his Majesty.

At a Council held at Philadelphia, Monday the 12th of August,
1751.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Robert Strettell, ")

Joseph Turner, William Logan, ^>Esqrs.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

A Petition from the Captain, Officers, and Sailors on board a
French Vessel called the " Dauphin/' now in the River Delaware, was
read, setting forth " That the Sloop was bound from St. Domingo to
Louisburg, and in her Voyage sprung a Leak off of the Capes of
Delaware which filled the Vessel so fast that they cou'd not get the
better of it with continual pumping, owing as they think to the bad
careening of the said sloop, and further, that their Casks were bad
and leaked, which reduced them to a necessity of putting into this
which was the first Port, and praying Leave to enter and refit so as
to be put into a condition of proceeding on their Voyage/'

A Committee was appointed to examine into the Facts, and on
their Report that they found what was set forth in the Petition to
be true Leave was given to the Captain to refit.

The Assembly having met last Night, and given notice thereof by
two of their Members to the Governor, his Honour laid before the
Board the Proceedings of Mr. George Croghan at Ohio, and like-
wise a Letter from the Justices of Cumberland County complaining
of Great Disorders being committed by abundance of Persons con-
cerned in the Indian Trade, and likewise Mr. Weiser's Journal of
his Proceedings at Onondago which were all read, and the following
Message drawn thereupon and sent by the Secretary to the House :

A Message from the Governor to the Assembly.
" Gentlemen :

"You will herewith receive Messieurs Croghan's and Montour's
Account of their Proceedings at the Delivery of the Present voted
by you last Fall to the Indians at Ohio, and I am in hopes you will
find it arrived very seasonably and has had a good Effect.

" By the Speech inserted in Mr. Croghan's Journal (said to have
been made by Monsieur Ioncaire by order of the Governor of Can-
ada) to the Indians assembled in Council, and by a Letter of the
said Ioncaire to me of the sixth of June last, which I have ordered

PROVINCIAL COUNCIL. 529

to be laid before you, you will perceive the Extensiveness of the
French Claims on this Continent j That they are not content with
enjoying the Benefits of a free and unmolested Commerce them-
selves without making it at the same time exclusive of all others,
and to that Purpose have used their utmost Endeavours to prevail
on those Indians to drive away our Traders from amongst them and
to discontinue any further Intercourse with them on Pain of incur-
ring the Displeasure of the French Government. But as their Men-
aces have not as yet had the desired Effect, it is not unreasonable
to suppose that when the last answer of the Indians upon that head
shall be reported to the Governor of Canada, it will put him upon
measures to obtain by Force what has hitherto been denied to every
other Kind of Sollicitation, in which should he succeed a very valu-
able Branch of Trade will be entirely lost to this Province. The
Indians themselves are so apprehensive of the Consequences of their
refusing to comply with the French Demands, that they have ear-
nestly requested this Government to erect a strong Trading House
on the River Ohio for the Protection of their Wives and Children in
case they should be obliged to engage in a war on that account, and
to serve likewise as a Place of Security to our Traders, without
whose assistance they say they cannot live ; and as I have it in charge
from the Honourable Proprietaries to recommend this matter to
you and to make such an offer of contributing to the expence of
erecting and supporting it as I am perswaded you will think very
generous, I cannot excuse myself from desiring you to give it a
very serious Consideration, and to come to such Resolution there-
upon as the present favorable ©opportunity seems to point out.

" By a Letter herewith delivered you which I have lately received
from the Justices of Cumberland County, You will see that great
Complaints are made of the Irregularities of many of the Persons
concerned in the Indian Trade, and of the Difficulties that attend
the bringing offenders to Justice in countries so remote from the
Inhabitants, whence it should seem our Laws in that respect stand
in need of some Alterations or Additions to render them effectual
for the good Purposes intended by them. Whenever, therefore,
you shall think fit to take that Subject into consideration I shall
readily concur with you in any measures that may tend to the better
inforcing the Laws already in being, or in making such new Provi-
sions as may be thought necessary for the more regular and orderly
carrying on that Trade.

" Mr. Croghan has been at a considerable Expense in bringing
some Criminals to their Tryal and in supporting the Witnesses on
their Journey, of which he has delivered in his Account, which you
will please to inspect and discharge.

" Mr. Montour is expected in Town by my order, to receive a Be-
compence for his Services, which you will find have taken up a great
deal of his Time, and as I must do him the Justice to say that (by
vol. v. — 34.

530 MINUTES OF THE

what appears to me) lie lias well performed what was intrusted to
him, I hope you will pay him to his Satisfaction.

"Mr. Weiser is likewise expected in Town, and will relate to you
hi^ Proceedings in the Execution of my Instructions respecting the
Delivery of the Present to the Six Nations at Albany.

" JAMES HAMILTON.

"August 13th; 1751/'

" An Account of the Proceedings of George Croghan, Esquire, and
Mr. Andrew Montour at Ohio, in the Execution of the Governor's
Instructions to deliver the Provincial Present to the severed Tribes
of Indians settled there:

11 May the 18th, 1751. — I arrived at the Log's Town on Ohio with
the Provincial Present from the Province of Pennsylvania, where I
was received by a great number of the Six Nations, Delawares, and
Shawonese, in a very complaisant manner in their way, by firing
Guns and Hoisting the English Colours. As soon as I came to the
shore their Chiefs met me and took me by the Hand bidding me wel-
come to their Country.

" May the 19th. — One of the Six Nation Kings from the Head
of Ohio came to the Logstown to the Council, he immediately came
to visit me, and told me he was glad to see a Messenger from his
Brother Onas on the waters of Ohio.

" May the 20th. — Forty Warriors of the Six Nations came to
Town from the Heads of Ohio, with Mr. Ioncoeur and one French-
man more in company.

" May the 21st, 1751. — Mr. Ioncoeur, the French Interpreter,
called a council with all the Indians then present in the Town, and
made the following Speech :
" < Children—

" (I desire you may now give me an answer from your hearts to
the Speech Monsieur Celeron (the Commander of the Party of Two
Hundred Frenchmen that went down the River two Years ago) made
to you/ His Speech was, That their Father the Governor of Canada
desired his Children on Ohio to turn away the English Traders from
amongst them, and discharge them from ever coming to trade there
again, or on any of the Branches, on Pain of incurring his Displea-
sure, and to enforce that Speech he gave them a very large Belt of
"Wampum. Immediately one of the Chiefs of the Six Nations got
up and made the following answer :

"< Fathers:

"'I mean you that call yourselves our Fathers, hear what I am
gping to say to you. You desire we may turn our Brothers the
English away, and not suffer them to come and trade with us again ;
I now tell you from our Hearts we will not, for we ourselves brought

PROVINCIAL COUNCIL. 531

them here to trade with us, and they shall live amongst us as long
as there is one of us alive. You are always threatning our Brothers
what you will do to them, and in particular to that man (pointing
to me) ; now if you have anything to say to our Brothers tell it to
him if you be a man, as you Frenchmen always say you are, and
the Head of all Nations. Our Brothers are the People we will
trade with, and not you. Go and tell your Governor to ask the
Onondago Council If I don't speak the minds of all the Six Nations/
and then returned the Belt.

" I paid Cochawitchake the old Shawonese King a visit, as he
was rendered incapable of attending the Council by his great age,
and let him know that his Brother the Governor of Pennsylvania
was glad to hear that he was still alive and retained his senses, and
had ordered me to cloathe him and to acquaint him that he had not
forgot his strict Attachment to the English Interest. I gave him
a Strowd Shirt, Match Coat, and a pair Stockings, for which he gave
the Governor a great many thanks.

u May the 22d. — A number of about forty of the Six Nations
came up the River Ohio to Logstown to wait on the Council ; as
soon as they came to Town they came to my House, and after
shaking Hands they told me they were glad to see me safe arrived
in their Country after my long Journey.

" May the 23d. — Qonajarca, one of the Chiefs of the Six Na-
tions, and a Party with him from the Cuscuskie, came to Town to
wait on the Council, and congratulated me upon my safe arrival in
their Country.

" May the 24th. — Some Warriors of the Delawares came to Town
from the Lower Shawonese Town, and brought a Scalp with them ;
they brought an Account that the Southward Indians had come to
the Lower Towns to War, and had killed some of the Shawonese,
Delawares, and the Six Nations, so that we might not expect any
People from there to the Council.

"May the 25th. — I had a conference with Monsieur loncoeur;
he desired I would excuse him and not think hard of him for the
Speech he made to the Indians requesting them to turn the English
Traders away and not suffer them to trade, for it was the Governor
of Canada's Orders to him, and he was obliged to obey them altho'
he was very sensible which way the Indians would receive them,
for he was sure the French could not accomplish their designs with
the Six Nations without it could be done by Force, which he said
he believed they would find to be as difficult as the method they
had just tryed, and would meet with the like Success.

" May the 26th. — A Dunkar from the Colony of Virginia came
to the* Log's Town and requested Liberty of the Six Nation Chiefs
to make on the River Yogh-yo-gaine a branch of Ohio, to which
the Indians made answer that it was not in their Power to dispose

532 MINUTES OF THE

of Lands; that he must apply to the Council at Onondago, and
further told him that he did not take a right method, for he should
be first recommended by their Brother the Governor of Pennsylva-
nia, with whom all Publick Business of that sort must be transacted
before he need expect to succeed.

" May the 27th. — Mr. Montour and I had a Conference with the
Chiefs of the Six Nations, when it was agreed upon that the follow-
ing Speeches should be made to the Delawares, Shawonese, Owen-
datts, and Twightwees, when the Provincial Present should be de-
livered them in the Name of the Honourable James Hamilton,
Esquire, Lieutenant Governor and Commander-in-Chief of the Pro-
vince of Pennsylvania, and Counties of New Castle, Kent, and Sus-
sex, on Delaware, in Conjunction with the Chiefs of the Six United
Nations On Ohio:

u A Treaty with the Indians of the Six Nations, Delawares, Shaw-
onese, Owendatts and Twightioees,

" In the Log's Town on Ohio, Thursday the 28th May, 1751.
"present:
" Thomas Kinton, Joseph Nelson,

" Samuel Cuzzens, James Brown,

"Jacob Pyatt, Dennis Sullavan, y Indian Traders.

" John Owens, Paul Pearce, i

" Thomas Ward, Caleb Lamb, J

" The Deputies of the Six Nations, Delawares, Shawonese, Owen-
datts, and Twightwees ;

" Mr. Andrew Montour, Interpreter for the Province of Pennsyl-
vania j

" Toanshiscoe, Interpreter for the Six Nations.

" George Croghan made the following Speech to the several Na-
tions, when they were met in Council, in the Name of the Honour-
able James Hamilton, Esquire, Governor of the Province of Penn-
sylvania :

" l Friends and Brethren —

" 1 1 am sent here by your Brother the Governor of Pennsyl-
vania with this Present of Goods to renew the Friendship so long
subsisting between Us, and I present you these four strings of
Wampum to clear your Minds and open your Eyes and Ears that
you may see the Sun clear, and hear what your Brother is going to
say to you/

" Gave 4 Strings of Wampum.

" A Speech delivered the Delawares — in answer to the Speech they
sent by Mr. Weiser three Years ago to his Honour the Governor
to acquaint him of the Death of their Chief, King Oulamopess — by
George Croghan :

PROVINCIAL COUNCIL. 533

" < Brethren the Delawares —

" ' Three years ago some of the Chiefs of your Nation sent me a
Message by Mr. Weiser to acquaint me of the Death of your King,
a man well beloved by his Brethren the English. You told Mr.
Weiser that you intended to visit me in order to consult about a
new Chief, but you never did it. I have ever since condoled with
you for the Loss of so good a Man, and considering the lamentable
Condition you were in for want of a Chief I present You this Belt
of Wampum and this Present to wipe away your Tears, and I de-
sire you may choose amongst Yourselves one of your wisest Coun-
sellors and present to your Brethren the Six Nations and me for a
(Thief, and he so chosen by you shall be looked upon by us as your
King, with whom Publick Business shall be transacted. Brethren,
to enforce this on your Minds I present you this Belt of Wam-
pum/

" Grave a Belt of Wampum, which was received with the Yo-
hah."

" A Speech delivered the Shawonese from the Honourable James
Hamilton, Governor of Pennsylvania, by George Croghan :
Ui Brethren the Shawonese —

u ' Three years ago when some of your Chiefs and some Chiefs
of the Six Nations came down to Lancaster with our Brethren the
Twigh twees, they informed me that your People that went away
with Peter Chartier was coming back, and since that I hear that
Part of them are returned. I am glad to hear that they are com-
ing home to you again that you may become once more a People,
and not as you were dispersed thro' the World. I do not blame
you for what happened, for the wisest of People sometimes make
mistakes; it was the French that the Indians call their Fathers
that deceived You and scattered you about the Woods that they
might have it in their Power to keep you poor. Brethren, I assure
you by this Present that I am fully reconcil'd and have forgot any
thing that you have done, and I hope for the future there will be a
more free and open Correspondence between us; and now your
Brethren the Six Nations join with me to remove any misunder-
standing that should have happened between us, that we may hence-
forth spend the remainder of our days together in Brotherly Love
and Friendship. Now, that this Speech which your Brothers the
Six Nations joyn with me in may have its full Force on your minds,
I present you this Belt of Wampum.'

" Gave a Belt of Wampum, Which was received with the Yo-hah."

" A Speech delivered the Owendatts, from the Honourable James
Hamilton, Governor of Pennsylvania, by George Croghan :
<l l Brethren the Owendatts —

" 'I receiv'd a Message by the Six Nations and another by Mr.
Montour from you, by both which I understand the French, whom

534 MINUTES OF THE

the Indians call their Father, wont let you rest in your Towns in
Peace, but constantly threaten to cut you off. How comes this ?
Are you not a free and independent People, and have you not a
Right to live where you please on your own Land, and trade with
whom you please ? Your Brethren, the English, always considered
you as a free Nation, and I think the French who attempt to in-
fringe on your Liberties should be opposed by one and all the
Indians or any other Nations that should undertake such unjust pro-
ceedings.
" ' Brethren :

" ' I am sorry to hear of your Troubles, and I hope you and your
Brethren the Six Nations will let the French know that you are a
free People and will not be imposed on by them. To assure you
that I have your Troubles much at heart I present you this Belt
and this Present of Goods to cloathe your Families/

" Gave a Belt of Wampum, which was received with the Yo-hah."
" A Speech delivered the Twightwees from the Honourable James
Hamilton, Esquire, Governor Pennsylvania, by George Croghan :
" ' Brethren the Twightwees —

" ' As you are an antient and renowned Nation I was well pleased
when you sent your Deputies now three years ago to sollicit our Al-
liance; nor did we hesitate to grant you your Request, as it came so
warmly recommended to us by our Brethren the Six Nations, Dela-
wares, and Shawonese. At your further Request we ordered our
Traders to go amongst you and supply you with Goods at as reason-
able rates as they could afford. We understand that in obedience
to our Commands our Traders have given you full Satisfaction to
your Requests- In one of your Towns about three Months ago
Mr. George Croghan likewise informs us that some more of your
Tribes earnestly requested to become our Allies. He and Mr. Mon-
tour did receive a writing from you Certifying such your Request,
and containing your Promises of Fidelity and Friendship, which we
have seen and approve of. Brethren: We have recommended it
to our Brethren the Six Nations to give you their' advice how you
should behave in your new Alliance with us, and we expect that you
will follow it, that the Friendship now subsisting between Us, the
Six Nations, Delawares, Shawonese, Owendatts, and you, may become
as Strong as a great Mountain which the Winds constantly blow
against but never overset. Brethren, to assure you of our hearty
Inclinations towards you I make you this Present of Goods ; and
that this Speech which I make you now in Conjunction with the
Six Nations may have its full Force on your minds, I present you
this Belt of Wampum."

" Gave a Belt, which was received with the Yo-hah."
" A Speech made to the Six United Nations by George Croghan
in behalf of the Honourable James Hamilton, Esquire, Governor
of the Province of Pennsylvania :

PROVINCIAL COUNCIL. 535

" < Brethren the Six Nations, hear what I am going to say to you.
Brethren : it is a great while since we, your Brothers the English,
first came over the great Water (meaning the Sea) ; as soon aw our
ship struck the Land you the Six Nations took hold of her and tyed
her to the Bushes, and for fear the Bushes would not be strong
enough to hold her you removed the Rope and tyed it about a great
Tree ; then fearing the winds would blow the Tree down, you re-
moved the Rope and tyed it about a great Mountain in the Country
(meaning the Onondago Country), and since that time we have lived
in true Brotherly Love and Friendship together. Now, Brethren,
since that there are several Nations joined in Friendship with you
and Us, and of late our Brethren the Twightwees : Now, Brethren,
as you are the Head of all the Nations of Indians, I warmly recom-
mend it to you to give our Brethren the Twightwees your best ad-
vice that they may know how to behave in their New Alliance, and
likewise I give our Brethren the Owendatts in charge to you, that
you may Strengthen them to withstand their Enemies the French,
who I understand treat them more like Enemies than Children, tho'
they call themselves their Father.

" c Brethren : I hope we, your Brothers the English, and you the
Six Nations, Delawares, Shawonese, Owendatts, and Twightwees,
will continue in such Brotherly Love and Friendship that it will be
as strong as that Mountain to which you tyed our Ship. Now,
Brethren, I am informed by George Croghan that the French ob-
struct my Traders and carry away their Persons and Goods, and are
guilty of many outrageous Practices, Whereby the Roads are ren-
dered unsafe to travel in, nor can we ask our Traders to go amongst
you whilst their Lives and Effects are in such great Danger. How
comes this to pass ? Don't this proceed from the Pride of Onontio,
whom the Indians call their Father, because they don't see his ill,
Designs ? The strong houses you gave him Leave to erect on your
Lands serve (As your Brethren the English always told you) to im-
poverish You and keep your Wives and Children always naked by
keeping the English Traders at a Distance, the French well knowing
the English sell their Goods cheaper than they can afford, and I can
assure You Onontio will never rest while an English Trader comes
to Ohio; and indeed if you don't open your Eyes and put a Stop to
his Proceedings he will gain his Ends. Brethren : I hope you will
consider well what Onontio means or is about to do. To enforce
what I have been saying to you on your minds, I present you this
Belt of Wampum/

" Gave a Belt.

" They received this Belt with Yo-hah."

u The Speaker of the Six Nations made the following Speech to
Monsieur loncosur in open Council ; he spoke very quick and sharp
with the Air of a Warrior:

536 MINUTES OF THE

H < Father—

" i How comes it that you have broke the General Peace ? Is it
not three years since you as well as our Brothers the English told
Us that there was a Peace between the English and French, and
how comes it that you have taken our Brothers as your Prisoners on
our Lands ? Is it not our Land (Stamping on the Ground and put-
ting his Finger to John Coeur's Nose) ? What Right has Onontio
to our Lands ? I desire you may go home directly off our Lands
and tell Onontio to send us word immediately what was his Reason
for using our Brothers so, or what he means by such Proceedings,
that we may know what to do, for I can assure Onontio that We the
Six Nations will not take such Usage. You hear what I say, and
that is the Sentiments of all our Nations ; tell it to Onontio that
that is what the Six Nations said to you/

" Gave 4 Strings of black Wampum.

" After which the Chief of the Indians ordered the Goods to be
divided, and appointed some of each Nation to stand by to see it
done, that those that were absent might have a sufficient Share laid
by for them.

" After which the Chiefs made me a Speech and told me it was a
Custom with their Brothers whenever they went to Council to
have their Guns, Kettles, and Hatchets mended, and desired I
might order that done, for they could not go home till they had
that done. So Mr. Montour and I agreed to comply with their
Request, and ordered it done that they might depart well satisfied.

" May the 29th, 1751.

" PRESENT :

" Saml. Cousens, " Joseph Nellson, "I

" John Owens, " James Brown, I Indian Traderg

" Jacob Pyatt, " Dennis Sullivan, f

" Thomas Ward, J

"The Chiefs of the Six Nations, Delawares, Shawonese, and
Owendatts j

" Mr. Andrew Montour, Interpreter.

" The Beaver, the Speaker of the Delawares, made the following
Speech in answer to the Speech made them Yesterday :

" ' Brethren, directing his Speech to the Governor of Pennsylvania,
We beared what you said Yesterday to us — We thank you for con-
sidering our lamentable Condition for want of a Chief — it is true
what you told us, we have been like People in the dark, not knowing
where to go nor what to do. Now Brother our Hearts are glad,
for you have opened our Eyes that we may see the Sun clear, and

PROVINCIAL COUNCIL. 537

you have directed us how to behave — it is good — we will be directed
by you our Brothers and do what you bid us — and to assure You our
Hearts are ready to receive Your advice we send you those two
Strings of Wampum/

" Gave two Strings.

u He added that as all their wise Men were not gathered together
it would take some time to consider on a Man that was fit to under-
take to rule a Nation of People, but as soon as possible they would
make a full answer, which they hoped would give Satisfaction to
their Brothers the English and the Six Nations."

"A Speech received from the Shawonese in answer to the Speech
delivered them yesterday; —

" Keeshequeatama, Speaker :

" ( Brethren, directing his Speech to the Governor of Pennsylvania,
We the Shawonese return You our hearty thanks for the kind
Speech You made Yesterday. You have now washed our Eyes and
opened our Ears that we may see the Sun clear and hear what You
our Brothers will at any time say to us ; and we assure You our
Brothers the English, our Hearts are all good and true towards
You, and we will be ready and willing at any time to hear what
you say to us, and will take your advice only; and to assure you of
the Truth of what we say we send You those three Strings of Wam-
pum/

" Gave three Strings."

u A Speech received from the Chiefs of the several Nations, one
of the Six Nations Speaker, in answer to the Speeches sent them
last Winter by the Governor of Virginia, and delivered them by Mr.
Christopher Guest:

"'Brethren, directing their Discourse to the Governor of Vir-
ginia : We received Your Messages by your Messenger Mr. Guest,
letting us know that our great Father beyond the Seas, not for-
getting us his children on this side the great Water, has sent a Pre-
sent of Goods to your Care for us. We all return you our hearty
thanks for your care in sending us word so soon as you did. Now,
Brother, we expect You will consider that we are a poor People and
at War with the Southward Indians, and don't know but some of
our Nations may soon be struck by the French, so that it is not in
our Power to go down to hear what our great Father has to say to
us ; But our Brothers of Pennsylvania have kindled a Council Fire
here, and we expect you will send our Father's Speeches to us here,
for we long to hear what our great Father the King of Great
Britain has to say to us his poor children. Brother, that this
Speech may have its full Effect on your mind, we send you these
four Strings of Wampum.'

» Gave 4 Strings."

"A Speech made by the Commissioners of the Owendatts sent to

538 MINUTES OF THE

the Council by that Nation to receive what Speeches their Brothers
the English had brought them ; —

"The Great Arrow Speaker :

" ' Brothers : We have heard what you said Yesterday to our Na-
tion ; we return you our hearty thanks for the care of us and our
People ; but as we are not impowered to give a full answer we de-
sire to be excused at this time ; but upon our Return home we will
call a Council, and then our Brothers may expect a suitable answer
to the kind Speeches they have sent us. I hope our Brother the
Governor will accept those four Strings of Wampum till they get
a fuller answer/

" Gave four Strings.

" A Speech received from the Six Nations, the Speaker directed
his Discourse to the Governor of Pennsylvania.

" Tawago, *\

"Conajarca, \

11 Torasoughko, J- Six Nation Chiefs.

" Counestraho, I

" Contughgua, J

"Toanohiso, Speaker.

"'Brother:

" ' We, your Brethren the Six Nations, have heard what You said
to us Yesterday; we thank You for your good advice, and you may
depend on our giving our new Brethren the Twightwees our best
advice ; and we will have them and the Owendatts always under
our Eyes as well as the Delawares and Shawonese, that we may all
become as one People, which is the way to be as strong on Ohio as
that Mountain which you mention in your Speech, which is the
Onondago Country. Brother: as to what you mention of the
Traders being taken by the French, we, your Brethren the Six Na-
tions, have a true sense of the ill usage you have received from the
French; and we can assure you we will take a Method to oblige the
French to make Satisfaction. Brother: we have discharged the
French from amongst us; and told them that they should not build
upon our Land. Now, Brothers, we have been considering what the
French mean by their Behaviour, and believe they want to cheat us
out of our Country, but we will stop them, and Brother You must
help us. We expect that you our Brother will build a strong House
on the River Ohio, that if we should be obliged to engage in a War
that we should have a Place to secure our Wives and Children, like-
wise to secure our Brothers that come to trade with us, for without
our Brothers supply us with Goods we cannot live. Now, Brothers,
we will take two Months to consider and choose out a Place fit for that
Purpose, and then we will send You word. Wc hope Brothers as
soon as you receive our Message you will order such a House to be

PROVINCIAL COUNCIL. 539

built. Brothers : that you may consider well the necessity of build-
ing such a Place of Security to strengthen our arms, and that this,
our first Request of that kind may have a good effect on your
minds, we send you this Belt of Wampum/
" Gave a Belt."

"A Speech made by the Six Nations in behalf of the Twigh twees,
as none of them were present :
" ' Brethren —

" ' We your Brothers, the Six Nations, received your Message to
the Twightwees and the Present, which we assure you we will
deliver them safe, and we will join you and make a Speech to them
to let them understand that we will put our Hands on their Heads,
so that if any nation strikes them our Fingers must be cut off
before they are hurt; we hope this Speech with the Present will
have its desired Effect on the minds of our new Brethren, so that
we may all become united as one People.'

" Grave two Strings of Wampum."

" May the 30th. I took my leave of the Chiefs of the several Na-
tions, when I made each of them some small Presents reserved for
that Purpose by Mr. Montour and myself; they wished me a good
Journey home, and desired they might be remembered to their
Brother the Governor of Pennsylvania and all the wise Counsellors,
and desired me to assure them that they would always observe what
their Brothers the English would tell them."

Copy of a Letter sent to the Governor by Mr. George Croghan,
with the above Treaty :

" Pennsboro', June 10th, 1751.
" ' May it please your Honour :

" ' Inclosed is a Copy of the Treaty held on Ohio by your Hon-
our's Instructions on delivering your Honour's Present to the
several Nations of Indians Residing there. I hope your Honour on
perusing the Proceedings of the Treaty will find that I have observed
your Honour's Instructions in every Speech that I delivered from
your Honour. I took all the Pains I could to make the Present
have its full Force and Weight with the Indians, and I have the
Pleasure of assuring your Honour that the Indians were all unani-
mously well pleased at' your Honour's Speeches, and likewise ac-
knowledged it was a great Present, and the Chiefs of the Six
Nations took great Pains with me in dividing it amongst the other
nations, that it might have its full force with them, which I assure
your Honour it had, for every man I saw there was well satisfied with
his share of the Present; the Indians in general expressed a high Sat-

540 MINUTES OF THE

isfaction at having the Opportunity in the Presence of Ioncoeur of
expressing their hearty Love and Inclinations towards the English,
and likewise to assure your Honour what Contempt they had for the
French, which your Honour will see by the Speeches they made.
Ioncoeur-Ioncoeur has sent a Letter to your Honour, which I enclose
here. Mr. Montour has exerted himself very much on this occa-
sion, and as he is not only very capable of doing the Business, but
look'd on amongst all the Indians as one of their Chiefs, I hope
your Honour will think him worth notice, and recommend it to the
Assembly to make him full Satisfaction for his Trouble, as he has
employed all his Time in the Business of the Government. I hope
your Honour will recommend it to the Government of Virginia to
answer the Speech sent them now in answer to their own Speech
sent last Fall, as soon as possible. May it please your Honour, I
make bold to send down my Account against the Province for what
Wampum I delivered Mr. Montour to make the Speeches last Fall
and this Spring, delivered by your Honour's Instructions. Mr.
Montour is at my House and will wait on your Honour when you
Please to appoint the time. I hope what has been transacted at this
Treaty will be pleasing to your Honour, as I am sure the Present
had its full Force, and shall defer any farther Account till you have
the opportunity of examining Mr. Montour.

Uil am your Honour's most obedient, humble Servant,

"'GEORGE CROGHAN.'

A Letter to Governor Hamilton from Ioncaire.

"De Chininque, Le 6 de Juin, 1751.
" Monsieur :

"Monsieur Le Marquis de Lajonquierre, Gouverneurde toute la

% nouvelle France, mayant Honore de ses ordres pour Veiller ace que

les Anglois, ne fassait aucune Traitte dans le Continant de la belle

Rivierre, J'ay signifiez aux negotiants de votre Gouvernementde se

Retirer.

" Vous nignorez pas Monsieur que toutes les Terres de ce Conti-
nant, out de tout Temp appartenuau Roy de France, et que les
Anglois nont aucun droit pour y venir faire leurs Commerce.

u Mon General ma or donnez de vous donner avis de ce que J'ay
fais afin que vous nen puissiez pretendre cause d'ignorance, et il ma
donne cet ordre avec d'autant plus de Raison, quil y ait deux ans,
Monsieur de Celoron pard ordre de Monsieur de Lagalissonnierre
alors Commandant General somma plusieur negotiant Anglois qui
faisoient La Traitte avec les Sauvages de la belle Rivierre, ce quils
firent et luy promirent de ne plus revenir traitter sur ces Terres ce

PROVINCIAL COUNCIL. 541

que Mr- de Celoron vous Eccrivit En consequence de ce qui powroit
arrive.

" J' ay L'Honneur destre avec Respect, Monsieur,

" Votre tres humble et tres oblissant Serviteur,

" IONCARE,

" Mr. Weiser's Journal of Ms Proceedings at Onondago.
" 1751 — June 27th. — Arrived in Albany • the thirtieth follow-
ing the Indians arrived, several of the Chiefs came to see me that
very day, and all the Indians being impatient to hear my Message,
the fifth of July I went to his Excellency the Governor of New
York to ask leave to deliver my Messagge. I had not the Honour
to see his Excellency, but one Mr. Askew carried my request to
him, who brought back answer to wit, that his Excellency must
have it in writing in order to lay it before the Council. I told Mr.
Askew that I could say no more to the Indians than what was con-
tained in my Instructions ; the Governor wanted to see them. I
sent them immediately ; after they were read in Council they were
returned to me and I was told that the Governor wanted to speak to
me sometime in the afternoon. Accordingly in the afternoon I was
sent for; when I came to the Governor Mr. Golding was with him;
his Excellency was pleased to tell me that he wanted to speak to
the Indians that morning, but they were somewhere else engaged,
he did not know where; then required me not to speak to the In-
dians before he had done with them, and that I must give him in
writing what I would say to them. I made answer that I had it
in charge not to speak to the Indians without his Excellence's ap-
probation and Foreknowledge, and had nothing else to say than
what was contained in my Instructions (which I shewed again) then,
in my Hand, as for the Indians coming 'to see me I could not lock
up my door upon them ; I did not care to offend them ; his Excel-
lency replied that he would not have me to offend the Indians, and
so dismissed me for that time.

"July the 9th. — Waited on his Excellency again to obtain leave
to deliver my Message, was told that as soon as the Catabaws had
their answer I should.

"July the 10th. — His Excellency gave me Leave to deliver my
Message. I acquainted the Indians accordingly and they met me
that Evening at my Lodging, and as on such Occasions some parti-
cular Ceremonies are used, I employed Canachquaieson, an Oneider
Chief, to perform them for me ; he was but the other day employed
by Friend Stephans, the Interpreter for New York Government, on
the same Occasion.

542 MINUTES OF THE

"After most of the Indians met Canachquaieson stood up and
begg'd me to walk up and down the Floor and to sing Lamentation
Songs in very melancholy Time, which he continued till all were
met, and some time after in the Song mention was made of the Per-
son or Persons for which he mourned, and their virtue praised.

" Then he told the Indians that the Governor of Pennsylvania
had sent Tharachiawagon with a Message to the Six United Nations,
which wou'd now be delivered to them, and that what would be now
said to them was the very words of the Governor and the People of
Pennsylvania. A String of Wampum was given.

" The Speaker, Canachquaieson, being before informed of my
whole Message, I only repeated the Beginning and gave him a Belt
of Wampum, he then went on and said :

" < Brethren, The Six United Nations. — The Governor of Penn-
sylvania was but the last year informed of the Death of several of
the Chiefs of the Six United Nations, dying in their way homewards
from Philadelphia, and of the Death of Canassatego and Silgo Wan
Ackly, who both died since their Arrival at their own Town.

" ' The Governor of Pennsylvania was very sorry to hear of the
Death of those his goods Friends and Brethren, has, therefore, sent
Tharachiawagon to the Council Fire at Onondago with a Present to
signify to the Council of the Six United Nations that himself and
the People of Pennsylvania condole with them on the Loss of such
valuable Persons, and hath sent that Present to wipe off their Tears.'
Eight Pieces of Strowds were laid before them, and a String of
Wampum given. A Piece of Strowds was delivered in particular
(on the Death of Canassatego) to the Onondagers. Item; Seven
Strowd Matchcoats on the Death of Cunjaquoa, a noted Warrior
among the Mohocks, killed by the French in the late War in his
Majestie's Service.

"Item; Six Strowd Matchcoats on the Death of a Son of Cayen-
iquarachton, a Sinicker Chief, who was killed after the same manner.

" Songs of Lamentation being sung by Canachquaieson on the
Death of these two great warriors, who had made a Sacrifice of their
Lives for the Common Cause and in obedience to his Majesty King
George,

" The Indians appeared well pleased and looked upon the Present
to be a large one on such an Occasion. The Indians had a Con-
sultation together for a good while about an answer. I understood
that they were at a Loss for some Skins to send as a present to the
Governor of Pennsylvania to wipe off his and his People's Tears
over the Death of Canassatego & others. I gave them to understand
that they need not stop for that at this time, that I would excuse
them in the best manner I could with the Governor and People of
Pennsylvania, as I knew they had parted with what they had on
other occasions, and I gave them further to understand that at a

PROVINCIAL COUNCIL. 543

certain Hour that night I must go on board the only vessel that was
left, and stay'd on purpose to take me in by the time of high water,
to which they consented. — The Governor of New York and his
Council and other Gentlemen being all gone that Afternoon.

" Then Abraham, a Mohock Chief, stood up and returned thanks
in the best manner he could, and said a great deal of the Satis-
faction this Present gave them, and that they took it as a fresh
token of the Brotherly Love of the Governor and People of Penn-
sylvania towards the Six United Nations, and desired me to return
thanks in their behalf to the Governor and People of Pennsylvania
in the best I could, and gave a String of Wampum.

"By another String of Wampum he said, c Brother Tharachiawa-
gon we thank you for this visit, we will take care of your Son, we
look upon him as one of our own children, we will use our best En-
deavour to learn him to speak our Language well, we are very glad
you brought him to us as to your Town, it shows that you retain the
same Love as you did formerly to us/

u The Indians expressed in general a good deal of Satisfaction and
shook hands with Sammy Weiser and Daniel Clause, to signify to
them that they received them kindly j So the Business ended.

" CONRAD WEISER."

At a Council held at Philadelphia Friday the 16th August, 1751.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Richard Peters, 1 -™ . Andrew Montour,

Conrad Weiser, j ^ ' Five Nantycoke Indians.

Four Nantycoke Indians arrived in Town from Wyomen on Sas-
quehanna, and having informed the Governor that they had some
Business with him he appointed them to come to him this day.

After the usual Salutations one of them spoke as follows :
" Brother, the Governor of Pennsylvania — -

" In the beginning of this Year one of the Nantycokes was com-
mitted to Prison at Lancaster for abusing a White Girl, one of your
children, but after he had been there some time you very graciously
at our earnest Request set him at Liberty. We are desirous to re-
move all Resentment out of your Hearts for this abuse, which
caused us to shed many Tears, and this String of Wampum is given
you to remove from your hearts all ill will to us on that account."

A String.
" Brother :

"Now that there remains no ill will to us in your heart, we can

544 MINUTES OF THE

speak to you with the greater freedom. "With this String we heartily
thank you for pardoning our Brother and letting him come to us
again; You used him as if he had not been guilty, and we heartily
thank you for it with this String."

Here a String.
" Brother :

" We passed about nine Years ago by your door, we came from
Maryland and asked your Leave to go and settle among our Breth-
ren the Delawares, and you gave us leave. You will wonder that
you have not seen us since, so we now come down to tell you that
we did for some time live at the mouth of Juniata, but are now set-
tled at Wyomen. This you should know for we now belong to you.
With this String, therefore, we inform you of our Removal from
Juniata and Settlement at Wyomen."

A String.
" Brother :

" We now speak in behalf of all our People, the old men and old
women, the young men and young women, the Children of both
Sexes, and those who are yet in the belly. We all speak from the
bottom of our hearts, not from our mouth, when we tell you that
we are your Brethren, and will ever preserve a most sincere affec-
tion for you and heartily beg that we may be favored with your
Protection and care of Us. It was given us in charge to mention
our Regards for you Separately for the old, then for the young, then
for the Children already born, and lastly for those who shall be
born, and in token hereof We give you this Belt of Wampum j nine
Rows."

To which Speeches the Governor the next day gave these An-
swers :

" Brethren —

" We are glad to see you, we take your visit kindly, and are now
going to give you an answer to what you said yesterday.

" Brethren :

" You told us not to retain any ill will to you for the Crime
your Brother whom we put in Lancaster Jayl was guilty of. We
assure You with this string, since you thought proper to intercede
so earnestly for him and he has promised good behaviour for the
future, that we have no -more Resentment against him or you for
that abuse."

A String.
" Brethren :

" We receive your Thanks with Pleasure for our Pardon of the
guilty Indian. We had regard to your solicitation. We hope it
has its effect, and that you have told the Indian and all your People

PROVINCIAL COUNCIL. 545

not to do the like again. We take it kindly that you come to ex-
press your grateful Sense of our Favour/'
A String.

" Brethren :

"We take Notice of your, settling at Wyomen. We are not
against it, provided all the other Indians know and approve it, and
we recommend it to you to live affectionately with our Brethren
the Indians of the other Nations in the Neighbourhood. In token
of our liking well your Removal to your new Settlement we give
you this String."

A String.

" Brethren :

"Your Assurances of living with us like good Children and
faithful Subjects are agreeable to Us. We shall not fail to take
the same Care of you as we do of our other Brethren so long as
you merit our Protection. We Speak this from our hearts as well
as from our Mouths, and in Confirmation of our truth and sincerity
we give you this Belt."

A Belt.

At a Council held at Philadelphia, Wednesday the 21st of
August, 1751.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, Joseph Turner, > ™

William Logan, Richard Peters, j "

The Minutes of the two preceding Councils were read & approved.

The Governor on the fifteenth Instant received the following

Message by two Members :

A Message to the Governor from the Assembly.
" May it please the G-overnor :

" By several Addresses from the Assemblies of this Province,
and particularly by our Message of the nineteenth of October last,
the Reason we have to hope our Proprietaries will chearfully con-
tribute towards the heavy Charges which are annually brought
against the Province on Account of Indian Affairs will clearly
appear ; And as the Governor in his Answer to our Message was
then so kind as to assure us of his Intercession with the Proprie-
taries, we now request he would be pleased to inform the House
vol. v. — 35.

546 MINUTES OF THE

what Progress he has made on this our respectful and reasonable
Application.

" Sign'd by order of the House,

" ISAAC NORRIS, Speaker.
" August 15, 1751."

To which the Governor, by his Secretary, sent the following An-
swer:

A Message from the Governor to the Assembly.
" Gentlemen :

" Agreeable to your Request in your Message of October last, I
acquainted the Honourable the Proprietaries with your Expectation,
that they would bear a Part of the Charges arising upon Treaties
and other negotiations with the Indians. In answer to which they
have been pleased to direct me to acquaint the Assembly that they
do not conceive themselves under any obligation to contribute to
Indian or any other publick Expences, even tho' Taxes were laid on
the People for the Charges of Government; But as there is not one
Shilling levied on the People for that Service there is the less
Reason for asking any thing of them, Notwithstanding which they
have charged themselves with paying to the Interpreter much more
than could be due to him on any Treaties for Land, and are at this
Time at the Expence of maintaining his Son with a Tutor in the
Indian Country, to learn their Language and Customs for the ser-
vice of the Provinces, as well as of sundry other Charges on Indian
Affairs; That they have been at considerable Expences for the ser-
vice of the Province, both in England and here : all which being
considered, and that they purchase the Land from the Indians and
pay them for it, and that they are under no greater Obligation to
contribute to the publick Charges than any other chief Governor of
any of the other Colonies, they would have been well pleased to
have been freed from the necessity of giving a disagreeable answer
to any application upon that Subject.

« JAMES HAMILTON.

"August 16, 1751."

And on the Day after a Bill was delivered to the Governor by
two Members, Entituled " A Supplement €o the Act entituled * An
Act for imposing a Duty on Persons convicted of heinous Crimes,
and to prevent poor and impotent Persons being imported into this
Province/ " which was taken into Consideration and an Amend-
ment proposed and returned to the House.

And this Morning the Governor received the following Message :

A Message to the Governor from the Assembly.
" May it please the Governor :
" We have a grateful Sense of the Governor's Care and concern

PROVINCIAL COUNCIL. 547

in Indian Affairs, the prudent Management of which is of great
Importance to the Peace and Safety of these Colonies; but if it
should be agreeable with the Governor's Sentiments we would
wish that such as may hereafter be employed on Business with the
Indians might be cautioned against charging themselves with Let-
ters from every inferior French Officer who shall presume to send
down his Threats or pretended Claims to our Governor, in order to
give himself an Air of Authority among our Indian Allies.

" The Informations of Conrad Weiser and Andrew Montour on
their Arrival in Town, since the Governor's Message of the thir-
teenth Instant, we suppose have given the Governor as welL-as the
House Reason to believe that the Request inserted in George Crog-
han's Journal, which the Governor was pleased to lay before the
House, as made by the Indians at Ohio to this Government, to
erect a strong Trading House in their Country, as well as the Dan-
ger 'tis there said they apprehended from the Attempts of the
French, have been misunderstood or misrepresented by the Person
in whom the Governor confided for the Management of that Treaty.

" We have seriously considered the offer made by our Proprie-
taries of contributing toward building such a House ; but as we
have always found that sincere, upright Dealing with the Indians, a
friendly Treatment of them on all occasions, and particularly
in relieving their Necessities at proper Times by suitable Presents,
have been the best means of securing their Friendship, we could
wish our Proprietaries had rather thought fit to join with us in the
Expence of those Presents, the Effects of which have at all Times
so manifestly advanced their Interest with the Security of our
Frontier Settlements.

"As it appears from the late notorious Disorders among the
Indian Traders, as well as from the Representation of the Magis-
trates of Cumberland, that some very unfit Persons are at present
employed in that Business, we hope the Governor will enjoin the
Justices of the County Courts to be more careful for the future
when they recommend for Licences j and whatever is thought fur-
ther necessary to enforce or amend the Laws now in being for regu-
lating the Indian Trade and Traders, may be considered by the
ensuing Assembly in the Winter Sitting, when the Members are
generally most at leisure to attend closely to publick Business.

lt We have paid the Accounts of our Interpreters as we hope to
their full Satisfaction, and have the other Accounts mentioned by
the Governor under our Consideration.

" Sign'd by Order of the House,

« ISAAC NORRIS, Speaker.
"August 21, 1751."

Some more Justices being wanted for the County of Chester,
Joshua Pusey and Samuel Lightfoot were recommended to the Gov-

548 MINUTES OF THE

ernor as Persons well qualified for that Office; and two Separate
Commissions of the Peace were ordered to be made for them accord-
ingly.

At a Council held at Philadelphia, Saturday the 24th of August?

present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Joseph Turner, \

Ilobert Strettell, Richard Peters, V- Esquires.

William Logan, J

The Minutes of the preceding Council were read and approved.

The following Letter from Governor Clinton, with Coll. Johnson's
Letter to him enclosed, were laid before the Assembly, read in
Council, and order'd to be enter'd :

A Letter from Governor Clinton to Govemer Hamilton.

" Fiat Bush, on Long Island, 13th August, 1751.
" Sr- :

" Being at present with my Family out in the Country for the
Benefit of the Air, After a very severe Fit of the Gout, and receiv-
ing the enclosed Account yesterday evening, I sent this to Town to
be forwarded by the very first opportunity, thinking it a Matter of
Importance to your Province, which I hope will come time enough
for your Honour to make use of proper Precautions.

" You may depend on the earliest Communication of what further
News I may receive relating to the Schemes of the French. I am
with the greatest Truth,

" Your Honour's most obedient and very humble Servant,

"G. CLINTON.

A Letter to Governor Clinton from Coll. Johnson.

" Mount Johnson, July 27th, 1751.
" May it please your Excellency :

" I enclose an account of what the French are about now at
Cadaraghgin, given to Capt. Lindesay by Attrawaney, Cajuga Sa-
chim, who begg'd of him to let me know it as soon as possible. I
thought proper also to let your Excellency know that there has a
Body of French to the number of twelve hundred, and two hundred
Orondakees, &c, passed by Oswego about a fortnight ago, with a
desigu to cut off (as I understand) some of the Nations of Indians

PROVINCIAL COUNCIL. 549

to the Westward who are strongly attached to the British Interest;
also to stop the Philadelphians building at or near Ohio or any-
where else thereabout. Having this Account confirmed by a French
Deserter now at my House who saw this Body of Men set off from
Cadaraghqui, I immediately (in your Excellency's Name) took upon
me to send an Express through all the Nations (with a large Belt
of Wampum), acquainting them of the French's March that way,
and desiring- they might be on their Guard, which has been so
kindly taken by the Five Nations that it is not to be expressed. I
am with all due Respect imaginable,

" Your Excellency's most obedient humble Servant,

"WM. JOHNSON."

Jitter w aiiey's Account sent to Coll. Johnson of the French building
a Ship at Cadaraghqui, sent him from Lt. Lindesay, July, 1751.

•'This 10th Day July Atterwaney came here from the Messesa-
gues, where he had been negotiating an Alliance with said Nation.
He told all their old Sachims were dead and young ones put in their
Places, who confirmed their old Alliance and promised to keep it
firm and Strong, altho' they were sollicited by the French not to
make an agreement with the Five Nations.

"He told he was at Cadaraghqui, where they were building a
large Ship which was to have three Masts, and that some there told
him when fitted was designed to come and take this Place. That
he saw there six Cannon designed for said Purpose three Yards long
with a wide Bore. He brought with him eight Messesagas, young
Fighters, who were to go out with him against the Flatheads. I
have done what I can to stop them, but yet cannot tell if I have
prevailed or not.

" Oswego, July 19th, 1751.
"DearSr-:

" As I did not know of this Battoes going off till just now, have
but just time to acquaint you that there passed by here a few days
ago some canoes of French Traders who say there was an army
gone up the other side the Lake, with which was two hundred of
the Onondack Indians under the Command of Monsieur Belletre
and the Chevalier Longville, and that their Design was against a
village of the Twightwees where the English are building a Trading
House of Stone, and that they were to give the English warning to
move off in a peaceable manner, which if they refused they were
to act with Force ; And that they intend to build a Fort there and
garrison it with three hundred men. The Governor's Son of Mont-
real is hourly expected to pass by here with fourteen Canoes of
Soldiers, which are then designed to be stationed at the above
Place.

550 MINUTES OF THE

" This is the Village where G-eorge Croghan generally trades, all
the Indians of which are firmly attached to the English, for which
reason the French call them Rebels, and are going to bring them
in Subjection. Two of the chiefs are to have no Mercy ; the others,
if they submit, are to be pardoned.

"BENJAMIN STODDERT.

Two Members of Assembly waited upon the Governor and ac-
quainted him that the House having read and considered the Let-
ters he was pleased to lay before them concerning Indian Affairs,
and thank' d him for the early communication of such Intelligence,
arid requested the Governor's Care to do what may be proper in
Consequence thereof. And further, that the House were inclined
to adjourn this Day to the thirtieth of September, to whom the
Governor was pleased to say he had no Objection to the proposed
Time of Adjournment.

The House having agreed to the Amendments of the Bill Enti-
tuled " A Supplement to the Act entituled ' An Act for imposing a
Duty on Persons convicted of Heinous Crimes, and to prevent poor
and impotent Persons being imported into this Province,' " signi-
fied the same in a Message by two of their Members to the Gov-
ernor j and a Member of Council having compared the Engrossed
Bill with the amended one, the Speaker at the head of the House
presented it to the Governor, who enacted it into a Law, and sign'd
a Warrant to affix the Great Seal thereto. After which the Speaker
delivered to the Governor an Order on the Provincial Treasurer for
Four Hundred Pounds.

At a Council held at Philadelphia, Thursday the 3d of October,
1751.

PRESENT I

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, William Till, ")

Mayor of the City, Robert Strettell, Joseph Turner, > Esquires.
William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Returns of Sheriffs and Coroners for the several Counties
were read, and the following Persons were appointed and Commis-
sions accordingly executed :

Sheriff. Coroner.

Isaac Grifntts, Philadelphia County, Thomas James,

Joseph Hart, Bucks County, William Smith,

John Owen, Chester County, Joshua Thomson,

PROVINCIAL COUNCIL. 551

Sheriff. Coroner.

Robert Stuart, Lancaster County, Joseph Howard,

Hance Hamilton, York County, Alexander Love,

Ezekiel Dunning, Cumberland County, Tobias Hendricks,

George Munro, Newcastle County, John Yeates,

Thomas Parke, Kent County, James Grey,

William Shankland, Sussex County, John Rodeney.

The Governor laid before the Board a Letter from the Honour-
able Proprietaries which came by Cap'- Reeves, who arrived Yester-
day from London, ordering and directing Mr. Taylor to be struck
out of the Council, and to supersede any Commission he may have
for the Office of Magistrate within the Province, which was
read ************ an(j ^he Council
having given their Sentiments unanimously that Mr. Taylor's
Treatment of the Proprietaries as set forth in the Letter, was ex-
tremely unjust and indecent, his Name was ordered to be left out,
and that he shou'd not hereafter be summoned to Council :

A Letter of the Proprietaries to Governor Hamilton.
« Sir :

" Mr. Abraham Taylor, a Member of our Council, in the month
of October last represented to us by Letter, that ' Among the Wri-
tings belonging to a right which he had in America there were some
ancient Papers relating to a certain Boundary as it was understood
before the Grant of Pennsylvania; that he always thought it wou'd
be of use for us to know this, and therefore resolved to commu-
nicate it • that he was then treating about the sale of this right, but
as it had some connection with the aforesaid Papers he had concluded
to take no further Steps in the Affair till he had acquainted us
with it,' alledging that 'if after those Papers were out of his Hands
they should get into the possession of any Adversary, very probably
some Arguments of a disagreeable Nature might be drawn from
them.'

" On Receit of this Letter one of us went to Town to give him
an opportunity of shewing these old Papers that related to his
Right, when we found the Right was a Pretence of Ralph Fretwell,
who was sent over by some Friends in Barbadoes to take up for
himself and them a large Tract of Land where they intended to
settle together, but his Scheme having interfered with other surveys
the Purchase was not made nor the Lands surveyed j and instead
of old Papers which had Connection with such a Right he read a
Manuscript in his own Hand writing containing many sheets of
large Paper, and to which was added one or two Maps made by
himself; in it no mention was made of this or any other private
Right, but it contained a long Series of Arguments to prove that
the Boundary of Pennsylvania to the south should not be more
Southward than the Parellel of forty Degrees of Northern Latitude

552 MINUTES OF THE

as it is now discovered to lye, and that Virginia and Maryland had
' an undoubted Right to all to the Southward of such a Boundary;
in Support of his argument he cited Proofs from the Virginia Re-
cords and a number of other Papers j and this Composition, which
from the Length and Variety of Matter must have taken much
time to compose it, was undertaken as he himself said out of pique
or resentment to us, because we had ordered our Secretary to refuse
to grant him about twenty thousand Acres of Land he asked for in
that Right, which Pretence was so trifling that we are informed the
Heirs of Fretwell took £50 Currency for it, and which we ac-
quainted him Ralph Fretwell himself, in a Letter to our Father
now in our hands, relinquished all claim to at the same time de-
claring he had not a foot of Land in the -Province but Tennicum,
'purchased of Christopher Taylor.

"'Upon this Declaration and finding the Paper had not the least
connection with the Right, tho' he pretended it had, and he must
give it to the Purchaser, we could form no other Judgment of the
matter than that by threatning to deliver these arguments to the
Purchaser, which perhaps he had intended skou'd be Lord Baltimore
had he arrived in time, he expected to force us to grant him the
Land.

"This attempt we looked on to be very Dishonorable, and a man
that is in Possession of Places of Honour and Trust by our appoint-
ment, and an Alderman of the City by the choice of the Corpora-
tion, that can cooly sit down for many days together to injure his
Country and the Persons he accepted his Places from, in particu-
lar the City of Philadelphia, which, could his argument take Place,
must be thrown into Maryland and depend on that Government for
such Powers of a Corporation as the Governor shall think proper, as
well as subject his Fellow Citizens to Disputes about Lots which by
their own Industry they had rendered of very great value, very unfit '
to execute any office in a Government ; for these Reasons we do
hereby order and direct that at the first Council after you receive
this Letter you cause it to be read at the Board and entered on the
Council Books, that you strike the said Abraham Taylor out of the
List of our Council, that you supersede every Commission now
granted to him, and that you do not during the rest of your Gov-
ernment insert his Name in any other Commission without our order
for the same, and that you acquaint the Mayor of the City of Phila-
delphia with the contents of this Letter. We are

" Your affectionate Friends.

" THO. PENN,
"RICHD. PENN,
" London, July 27th 1751."

A Letter from Governor Clinton enclosing a copy of his Letter
to be sent to the Governor General of Canada upon Infractions of

PROVINCIAL COUNCIL. 553

some Persons under Pretence of his Commission, with the Governor
of Canada's answer were read and ordered to be entered:

A Letter from Governor Clinton to Governor Hamilton.
"Sr:

" As the greater Part of Ohio belongs to your Government, and
the Indian Traders who are taken Prisoners in Canada are Inhabi-
tants of your Province, I thought proper to# send the enclosed for
your information. A Multiplicity of Business in dispatching two
London Ships I hope will excuse my writing no more on the sub-
ject at Present. I have sent copies to the Ministry upon this open
Infraction of the Treaty of. Utrecht. I am with great Respect,

" Your Honours most obedient and very humble Servant.

" G. CLINTON.

"Flat Bush, Septr. 2d 1751."

Copy of Governor Clinton's Lett&f to the Governor General of
Canada.

" Fort G-eorge in New York, 12th June, 1751.

"Sr:

" I am sorry that Tarn laid under the necessity to send Cornelius
Cuyler, Esqr-' the Bearer of this, to your Excellency to complain of
the Encroachments made on the Territory subj^t to the King my
Master, and of the Violences and Injuries done to his subjects by the
subjects of France under your Government, in open Violation of the
Amity and Treaties subsisting between the Kings our Masters.

" I have repeated Information that some Persons, pretending to
act by Commission from your Excellency, are erecting a fortified
House on the River of Oniagara, between Lake Erie and Cadarchin
Lake on the Territory of the Five Nations (called Iroquois by the
French), which they long since solemnly submitted to the Crown of
Great Britain, and who by the Treaty of Utrecht, confirmed by the
late Treaty at Aix-la-Chapelle, are allowed by the King your
Master to be Subjects of Great Britain; and likewise that six
English Men, Subjects of the King my Master, who were peace-
ably pursuing a Lawful Trade with the Indians in Amity with the
King my Master's Subjects, have had their Persons and Goods
seized by Persons pretending to act by like Commission, and their
Persons detained in Prison in Irons near Oniagara, with such severe
Treatment as seldom is used to Prisoners of Civilized Nations in
time of actual War.

" Notwithstanding of the Pretensions of these Persons, guilty of
the Injuries and Violences which I complain of, I am perswaded
from your Excellence's Candour and Justice; and the professions

554 MINUTES OF THE

you formerly made of your desire to cultivate the Amity and Friend-
ship re-established between the two Crowns and their Subjects, that
these things must be done without your being truly informed of the
Situation of the Place where the Subjects of Canada are building
this House, and that the other Acts of violence and Injustice are
entirely without Your Knowledge.

"I therefore assuredly expect that on Your Excellence's re-
ceiving this you will immediately cause strict Enquiry to be made
into the Truth of these Facts ; That you will order the building of
that House immediately to cease ; That you will issue your Orders
not only to set these Men at Liberty, who are detained Prisoners
near Oniagara, but likewise that full Reparation be made them for
the Injuries and Losses they have suffered ; and lastly, that the
Persons who have been guilty of these Violences and Injuries to
the Subjects of Great Britain be exemplarily punished so as to de-
ter all others from attempting the like at any time hereafter, and of
your having given the necessary Orders for these Purposes. I hope
to be well assured at the Return of the Gentleman who carries this
Letter. Your Excellency may be assured that nothing shall be
wanting on my part to cultivate Mutual Amity and Friendship be-
tween the King's Subjects in my Government and those of France
under yours. .

" I am, with the greatest Respect,

' " G. CLINTON."

The Governor of Canada7 s Letter to Governor Clinton.

" A Montreal, le 10 Aoust, 1751.
" Monsieur :

" La Lettre que votre Excellence m'a fait l'honneur de m'ecrire
par Mr- Cornelius Cuyler, le 12 Juin dernier, ne m'est parvenue
que le 3 de ce mois.

" Vous ne pouvez pas vous plaindre Monsieur, de l'etablissement
que j'ay fais faire au bas du portage de Niagara, moins encore pou-
vez vous pretendre que c'est une usurpation sur les terres de Sujets
du Roy Votre Maitre.

" Autant auroit-il valu que votre Excellence eut dit qui j'ay an-
ticipe sur les terres du Roy de la Grande Bretagne, car s'il etoit
vray que les Iroquois des Cinq Nations fussent ses Sujets, leurs
terres appurtien droient incontestablement a S. M. B.

" Voila cependant, Monsieur, le fondcment que vous avez voulu
donner a votre plainte, m'a reponse va vous convaincre qu'il n'est
pas Solide.

" C'est tres mal a propos et contre vos propres lumieres que vous
qualificz les Cinq Nations des Sujets du Roy votre Maitre, ils ne

PROVINCIAL COUNCIL. 555

Font jamais e,te et vous n'auriez garde de former ime semblable
pretention vis-a-vis d'Eux, vous les traittez avec beaucoup plus de
menagement, et il est a naitre qu'ils ayent regarde les Anglois, au-
trement que comme leurs freres, ce qui est une preuve Sensible que
bien loing de les reconnoitre pour leurs Maitres, ils s'en declarent
au Contraire a tous egards independants, et meme ne dissimulent, ils
pas que les Anglois dependant directement d'Eux, pour les establis-
sements qu'ils ont sur leurs terres et qu'ils les en fairont deguer par
lors qu'ils trouver ont a propos.

u Si les Cinq Nations dsvoient s'assujetir a quelque couronne, ils
ne pouroient point se dispenser de reconnoitre la domination du Roy
mon Maitre, et leur Inclination naturelle les y porteroit.

" En Effet Monsieur, vous n'ignorez pas et les Histoires Ancien-
nes et modernes en font foy, que les Francois sont les premiers
Blancs qui ayent paru sur les terres des Cinq Nations cest avec eux
qu'ils se sont d'abord liez d'amitie c'est deux qu'ils ont recu leurs
premiers Secours ! aussi des ce moment ont ils nomme les Francois
leurs Peres.

" II est done constant que les Francois ayant les premiers pene-
tre dans les Terres des Iroquois, ils en ont des ce moment pris pos-
session, et cette possession n'a point ete interrompue or si ces terres
etoient succeptibles de contestation entre les Rois nos maitres et
que la question eut ete agitee lors des traites d'Utrect, et d'Aix-la-
Chapelle, elle n'auroit pu en bonne justice qu'etre decidee en faveur
de la France.

" Mais les Iroquois veulent Seuls etre les Maitres de leurs terres,
ils necessent de dire que c'est Dieu qui les leur a donne et qu'ils ne
recennoissent que lui seul pour Maitre et Souverain c'est ce qu'ils
ont signifie par des actes Authentiques aux Anglois et aux Francois.

"J'ajoute que dans les guerres que les Francois ont eu avec
eux, a pres avoir conquis leurs terres ils les leur ont rendu et les
ont remis dans leurs droits par destraittes Solemnels.

" De tout ce la il faut conclure que rien na pu authoriser votre
Excellence a se recrier de Tetablissement que j'ai fait faire; il a
ete fait au vu et scu des Iroquois des Cinq Nations seuls competants
pour s'enplaindre. Ils ne s'y sont point oppose, ils yont consenty,
et on reconnu qu'il contribuoit autant a leur bien qu'a celui des
Francois, ce n'est qu'un hospice, un entreport de vivres et un refuge
pour les Voyageurs Francois des pays d'Enhaut.

" Je n'aurois jamais pense que vous eussiez reclame les quatre
Anglois qui ont ete arretes, attendu qu'ils ont dit avoir une permis-
sion du Gouverneur de Philadelphie, et qu'aucun d'Eux ne me
l'ayant exibee ils sont censes gens sans aveu et coureurs de bois.

" Mais comme votre Excellence prend leur fait et cause et qu'il
ne faut rien moins que cela pour me persuader qu'elle authorize et
approuve leur conduitte Je veux bien entrer dans les raisons qui

556 MINUTES OF THE

ont donne lieu a leur capture. Vous n'ignoriez pas Monsieur, la
Compagne que Mr- de Celeron fit en l'annee 1749, a la belle Riviere
par Ordre de Mr# le Marquis de la Galissonniere qu'il renouvella
pour et au nom du Roy mon Maitre, la Possession ou Sa Majeste a
toujours ete des ces terres, qu'il somma*tous lestraitteurs Anglois qui
y etoient de se retirer; qu'il ecrivit a Mr- le Gouverneur de Phila-
delphie, pour l'infonner qu'il avoit rempli La Missionet le prevenir
que si dans les Suittes il reparoissoit des traiteurs Anglois dans les
Belle Rivieres, ils seroient traittes sans aucun menagement.

" J'eus l'honneur de vous ecrire moy meme le 7 Mars, 1750, a
cette occasion, et de prier votre Excellence de rendre une ordon-
nance pour defendre a tous les Sujets de lay nouvelle Angleterre
d'aller traitter Sur les terres du Roy mon Maitre.

" Par la meme Lettre j'eus aussi 1'honneur de vous temoigner
ma juste Sensibilite a tous les mouvements Secrets que les Anglois
faisoient pour induire les Sauvages, qui de tout terns nous ont ete
les plus etroitement attackes, a la destruction des Francois.

" Quoique vous ne m'ayer honore d'aucune Reponse n'eantmoins
je me flattois que vous prendries des justes mesures pour arreter le
Cours de toutes ces Seductions et maintenir de votre cote l'union
qui doit regner — entre nous. Mais les Suittes m'ont detrompe, les
Anglois bien loin de se renfermer dans lesbornes des Possessions
due Roy de la grande. Bretagne, non contents de se multiplier de
plusen plus dans la Riviere a la Roche d'y avoir des maisons et
magazins ouverts, ils ont encore porte leurs pas j'usqu'a la vue du
Detroit, meme dans le fort des Miamis.

" Ce procede succedant a tant de mauvais pro pos dont nous
n'eprouvons que trop, les Suittes facheuses ont mis Mn de Celoron
Commandant au Detroit dans la Necessite de faire arretter ces
Anglois.

" II en a dabord ete arrette trois a ayonoutout tien que Nicolas
chef huron rebele avoit choisi pour s'y fortifier en 1717, pres du
lac d'orsanderket c'est a dire a dix lieues de la villes du Detroit ces
trois Anglois se nomment Lui Arrowin Irlandois de Nation habitant
de Pelselvany Joseph fortiner habitant de la ville de Gerge, et Tho-
mas Borke habitant de Linquester.

" Enfin, le quatrieme Anglois nomme Jean Pathin habitant de
Wellensthoun, a ete arrete dans le fort Francois des Miamis, par Mr-
de Villiers Commandant dans le dit Poste.

" La Capture de ces quatre Anglois nedoit point vous Surprendre?
il est Certain, Monsieur, qu'ils ne se sont Hazardes, a vcnir, s'il
faut ainsi dire, sous le Canon cle Sa Majeste T. C. que clans des
vues pernicienses.

u En voice la preuve :

" 1°. Aucun de ces Anglois n'ignoroit les Deffenses que Mr- de
Celoron fit au Naitteurs Anglois en 1749, les Deffenses sont pup-

PROVINCIAL COUNCIL. 557

liques dans tous les lieux de la nouvelle Angleterre, et par conse-
quent ils sont dans leur Fort, des qu'ils ne s'y sont pas renfermes.

" 2°. On ne peutpas dire qu'ils fussent a Agonout-ont pour faire
leur traitte avec les Sauvages, parce qu'ils n'etoient munis que de
Presents pour leur distribuer.

"3°. II est si evident qu'ils voulient tenir un Council avec les
Sauvages a tous egards fureste aux Francois qu'ils ont Campe dans
un lieu que Nicolas Chef huron rebele aux Francois avoit choisi
pour s'y fortifier, ils vouloient sans doute porter les Sauvages a auvoir
les memis Sentiments quo Nicolas, et s'attacker le plus aceredite
pour faire revivre se chef quie est mort, et faire executer son iniquet
Project.

" 4°. Ce qu'il y a de remarquable, et de decisif, c'est que le chef
de ces trois Anglois nomme Lui Arrwin, paste te toutes les Langues
Sauvages est habitue dans les pays d'Enhaut et est tres Capable de
les faire Souscrire, a ce qu'elle Souhaite.

" Cette preuve est si parfaitte, qu'elle est sans replique. Quant
a Jean Pathin, et etoit alle dans le ibrt des Misamis, pour deter-
miner les Sauvages qui Y ont reste, a se joindre a ceux qui Le sont
refugies a la Belle Riviere, il a ete pris dans le fort Francois, il n'en
faut pas d'avantage.

u Le peu d'effets qui ont ete Saisis a ces Prisonniers, ont ete re-
claims par les Sauvages a Eitre de pillage.

u Ils n'ont pointe ete maltraittes Mr- Cuyler en a vutrois en
cette ville qui sont libres, et qui ne manquent de rin.

"II na tenu qu'a Jean Pathin de jouer de la meme liberte, mais
il est si mutin et a fait tant de menaces que j'ay ete oblige de la
faire mettre en Prison a Quebec.

"Vous voyez Monsieur, que les tratteurs Anglois n'ont plus
aucun menagement, que rien n'est capable de les contenir, et qu'ils
redoublent leurs efforts pour Soulever les Nations Sauvages contre
les Francois; II est terns d'y remedier, et vous ne Sauriez la faire
assez promptement.

" Si aucun Francois etoit assez malin pour faire la mondre chose
qui fut prejudiciable aux Angelois, Je lue fairoit Subit le plus
severe chatiment, et s'il sen trouvoit d'assez entreprenants pour aller
sur les terre du Roy de la Grande Bretagne, Je les desavoue des a
present et consens que vous assuriez de leur Personne.

" Mr Cuyler aura l'honneur de vous rendre conte de tous les
egards que j'ay en pour luy, et que je luy ay accorde mon autorite
pour toutes les affaires, qu'il a eu a terminer dans cette Colonie,
quoique les Francois n'yayent aucune partdirectement ni indirecte-
ment.

" II pourra vous dire combien je desire Sincerement de retablir
l'intelligence la plus parfaitte entre les sujets de Nos Grouverne-

558 MINUTES OF THE

merits, c'est a quoy je M'attacherai toujours, et des que votre Ex-
cellence joindra ses soins aux miens, nous naurons pas de peine a
y reussit.

" Je ne dois pas vous cacher Monsieur, que le Sr' Cuyler votre
depute a amene icy avec luy, le Sr> John Cuyler son Frere duquel il
n'est point fait mention dans Son Passeport, II m'a ete raporte que
le dit Jean Cuyler qui est un Commercant traittoit d' affaire de
Commerce avec les Francois nieme avec les Sauvages et qu'il etoit
toujours en Conference avec eux dans la Maison ou il a ete loge en
cette ville, ce qui ne convient Nullement.

" J'ay l'lionneur de prevenir votre Excellence, que je donne mes
ordres pour qu'on renvoye dans la Nouvelle Angleterre tous les An-
glois qui viendront dans cette Colonie sans avoir un Passeport de
leur Gouverneur.

" J'attendray avec impatience votre Response,
" J'ay Thonneur d'etre avec respect, Monsieur,

" Yotre tres humble et tres obeissant Serviteur,

"LAJONQUIERE."

At a Council held at Philadelphia, Tuesday the 15th of October,
1751.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Robert Strettell, ) ^

Benjamin Shoemaker, Richard Peters, j ^

The Minutes of the preceding Council were read and approved.

A Message was delivered last night from the House by Six Mem-
bers that the House were met agreeable to Charter and had
chosen their Speaker, and desired to knew when and where they
might present him.

The Governor appointed the next Day at eleven of the Clock in
the Council Chamber, at which time the Secretary was sent with a
verbal Message that his Honour was ready to receive the House ;
and they being accordingly come, Isaac Norris addressed the Gov-
ernor saying that he was unanimously chose Speaker, and with the
Governor's Concurrence wou'd accept the Office and discharge it to
the best of his Power. The Governor approving the choice of the
House, the Speaker proceeded to claim the usual Privileges, Viz'- :

"That the House, during their Sitting in Assembly, may enjoy
Freedom of Speech in all their Propositions and Debates.

"That the better to discharge the Business of the Publick they
may at all seasonable times have free access to the Governor.

PROVINCIAL COUNCIL. 559

" That their Persons and Estates may be protected from all Ar-
rests and Insults during the time of Privilege accustomed.

"That it would please the Governor to take no notice of any Re-
port touching any matter or thing that may be moved or debated
in the House until the same shall have passed into a Resolve, nor
give the least Credit to such Report; and Lastly,

" That his own, the Speaker's, unwilling mistakes may be excused,
and not imputed to the House. " All which he requested as the just
Rights and Privileges of the People of Pennsylvania, derived and
confirmed to them by the Charters and Laws of the Province ; and
the Governor was pleased to say that he looked on these several
Claims as the just and undoubted Rights of the House, and should
never violate them.

The Accounts of the Expenses of the Nantycoke Indians in
August last were read and ordered to be laid before the House,
with a Request that they be immediately discharged.

A Message was sent by two Members that the House inclined to
adjourn to the first Monday in February next if the Governor had
no objection to the time. His Honour told them be had no Ob-
jection.

At a Council beld at Philadelphia, Wednesday, the 4th of March,
1752.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Robert Strettell, *)

Benjamin Shoemaker, Lawrence Growden, (-Esquires.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.

On the third of February, 1752, Two Members delivered a verbal
Message to the Governor, informing him that the House was met
according to Adjournment, and desired to know if he had anything
to lay before them, and the Governor was pleased to say that he
had nothing to lay before the House at present; but if any thing
proper for their Consideration should Occur to him during their
Sitting, he would communicate it by Message.

The twentieth of February, 1752, a Bill Entitled " An Act for
erecting Part of the counties of Philadelphia, Chester, and Lan-
caster into a Separate County," was delivered by two Members to
the Governor for his concurrence.

The twenty-First of February, Another Bill Entituled "An Act for
erecting the North- West part of Bucks into a Separate County,"
was sent to the Governor by two Members for his Concurrence.

560 MINUTES OF THE

The twenty-sixth of February, another Bill Entituled " An Act for
striking the sum of forty thousand Pounds to be made Current and
emitted on Loan, and for re-emitting and continuing the Currency
of the Bills of Credit of this Province," was delivered by two Mem-
bers to the Governor for his Concurrence.

The twenty-eighth of February, Two Members waited upon the
Governor with a Bill Entituled " An Act to regulate the Assize of
Bread," for his Concurrence.

The twenty-ninth of February, two other Bills, one Entituled
" An Act to prevent Disputes about the Dates of Conveyances and
other Instruments and Writings," and the other Entituled "An Act
for regulating Attachments under Five Pounds," were sent by two
Members to the Governor for his Concurrence.

This morning another Bill Entituled " An Act for directing the
Choice of Inspectors in the Counties of Chester, Lancaster, York,
Cumberland, Berks, and Northampton," was delivered to the Gov-
ernor by two Members for his Concurrence.

All which Bills were read by the Council for the first time, and
then the Bill to prevent Disputes about the Dates of Conveyances
and other Instruments and Writings was returned to the House
without any Amendment, and the Bill to regulate the Assize of Bread
with one proposed Amendment, with a Message by the Secretary
that the Governor was ready to pass the former Bill into a Law, and
also the other Bill in case the House agreed to his proposed Amend-
ment, and that he would give those other Bills under his Con-
sideration all the Dispatch in his Power.

At a Council held at Philadelphia, Friday the 6th of March,
1752.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, Lawrence Growden, ~)

Benjamin Shoemaker, Joseph Turner, L Esquires.

William Logan, Bichard Peters, J

The Minutes of the preceding Council were read and approved.

Yesterday a Bill Entituled " A Supplement to the act entituled
' An Act for regulating of Pounds/ " was delivered by two Mem-
bers to the Governor for his Concurrence, and read the first time.

The Bill for erecting Part of the Counties of Philadelphia, Ches-
ter, and Lancaster, into a Separate County, and the Bill for erect-
ing the North-West Part of Bucks into a Separate County, and the
Bill for directing the Choice of Inspectors in the Counties of Ches-
ter, Lancaster, York, Cumberland, Berks, and Northampton, were

PROVINCIAL COUNCIL. 561

read — the first agreed to without any amendment, the second with
some Amendments, and the third with one Amendment, and all
were ordered to be returned to the House.

The Bill for striking the sum of Forty Thousand Pounds to be
made Current and emitted on Loan, and for remitting and continuing
the Currency of the Bills of Credit of this province, was read a
second time, unanimously disapproved, and ordered to be returned
to the House with the following Message :

A Message from the Governor to the Assembly.
" Gentlemen :

" When I consider that by our strongest Solicitations and with
great Difficulty this and the Southern Colonies were saved out of the
late Act of Parliament ' restraining the Northern Colonies from
creating or re-emitting any Bills of Credit except on sudden and
extraordinary Emergencies/ and that this Favour was shewn to Us
in particular by the British Parliament upon Representations made
on our Behalf that we had never exceeded the Bounds of Modera-
tion with regard to the Quantities by Us made, and that the last
Emission was of only the Sum of Eleven Thousand one hundred
and Ten Pounds, I cannot think it adviseable at this time, when
those Representations are fresh in the Memory of that Honourable
Board, to whose Consideration it is well known all our Laws are re-
ferred, to offer the Crown an Act of Assembly not only for the re-
emitting our Present Currency for a long Term of years, but for a
new Emission of a larger Sum than was ever at one time made in
the Province, because I am apprehensive that such a Conduct may
probabty subject Us to the Displeasure of his Majesty and the
British Parliament, and thereby endanger our present Paper Money,
or at least render future Applications for additional Sums less effec-
tual. For these Reasons I cannot give my assent to the Bill before
me for striking Forty Thousand Pounds to be made current and
emitted on Loan, and for re-emitting and continuing the Currency
of the Bills of Credit of this Province.

"JAMES HAMILTON.
" March 6, 1752."

MEMORANDUM.

On the sixth Instant, at night, the Governor received a Certificate
sign'd by the Justices and under the Seal of the Court of Commpn
Pleas for the County of Philadelphia, setting forth a formal Con-
viction of Isaac Griffitts, Esquire, Sheriff of the said County, of
neglect of his Duty and Contempt of the said Court • Whereupon
his Honour order' d the Council to be summoned the day following,
but none attending and the Business of the said Court suffering for
want of a Sheriff, He issued a Commission under the Great Seal,,
vol. v. — 36

562 MINUTES OF THE

setting forth the neglect of Duty in the said Sheriff as certified hj
the said Court, and constituting Samuel Morris, Esquire, Sheriff, in
Room of the said Isaac Griffitts, who took the Qualifications by Law
enjoined in his Honour's Presence, and was proclaimed Sheriff at
the Court House in the City of Philadelphia, all the Magistrates of
the said County attending, together with many of the principal In-
habitants.

At a Council held at Philadelphia, Tuesday the 10th of March,,
1752.

PRESENT *.

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Kobert Strettell, *)

Benjamin Shoemaker Joseph Turner, j^Esqrs.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Governor having received by two Members a Bill Entituled
" An Act for preventing Bribery and Corruption in the Election of
Sheriffs and Coroners within this Province*/' and another Bill Enti-
tuled, " An Act for Regulating and Establishing Fees/' and like-
wise a Message in answer to his about the Paper Money Bill, the
same were read and the Assembly's Message order'd to be enter'd,
which follows in these words :

Message to the Governor from the Assembly,
u May it please the Governor : .

•' As the Bill for striking Forty Thousand Pounds to be made
current and emitted on Loan within this Province, and for re-emit-
ting and continuing the Currency of the Bills, of Credit of this
Province, was agreed upon by the House after a long and very
serious Deliberation ; we were well assured that the Bill as then
sent up to him would have tended greatly to the Welfare of this
Province had the Governor been pleased to pass it.

"But to obviate every objection, and to demonstrate how far we
are from being desirous of ' exceeding the Bounds of Moderation/
even at this time when our Gold and Silver is in a great Measure
exported to Great Britain in Return for the commodities received
from thence, and our Trade really languishes for want of an addi-
tion to our Paper Currency, we now present the Bill with a Deduc-
tion from the sum to be struck, which we hope the Governor will
find so much below what our Trade and Commerce and the Inter-
est of the Merchants and Manufacturers of Great Britain trading
to this Province require, that it cannot fail of meeting his approba-
tion.

" We have examined .the Votes of the House of Commons for the

PROVINCIAL COUNCIL. 563

last Year, and observe with great satisfaction how tenderly and pa-
tiently they proceeded against the four Northern Colonies ' where
the miserable condition of their Trade, and the Injustice done to
the Widows and Orphans as well as the British Merchants, from
the excessive Emission of their Bills of Credit in opposition to some
of the Deputies of the Assembly/ and a great Number of Petitions
from the most considerable Inhabitants of Rhode Island, who rep-
resented those Emissions as totally unnecessary, and in no Ilespect
wanted, might have induced that Honourable House to have acted
with less Reserve.

" Before such Judges, where the state of our Currency has been
repeatedly called for and examined, we beg Leave to assure the Gov-
ernor we have no apprehensions of Danger, being well assured that
upon the severest Scrutiny it must appear to be the advantage of
the Trade of our Mother Country in full Proportion to what we can
expect or hope to reap among ourselves.

u By a Message from the Governor to the Assembly in February,
1748, we observe he hoped it would not be thought unreasonable if
he took some time to get the best Information to enable him to
form a right Judgment upon the Bill for making current Twenty
Thousand Pounds then before him, and that the Delay might not
be attended with any considerable Inconvenience to the People, as
there was confessedly at that time a greater Sum current (Gold and
Silver included) than at any time before j and again on the tenth of
August, 1749, he judged it might be attended with very bad con-
sequences to the Province to increase the Quantity of our Currency,
whilst a Bill was depending in Parliament for restraining the Issu-
ing the Bills of Credit in the Colonies of America, To all which the
then Assembly very prudently submitted and proceeded no farther
upon the Bill.

" But at this Time when those Reasons are answered by the great
Exportation of our Gold and Silver, and when the Parliament, after
so strict an Enquiry, have not found cause to include us in the
Restrictions laid upon the Four Northern Colonies, we hope the
objection to a Re-emission, which by this Bill is continued no longer
than Six Years beyond the Time limited by the Act in Force, can
now have no weight when a further addition, as appears clear to us,
is become absolutely necessary, there having been but an inconsider-
able sum added to our Paper Currency for these twenty years past,
tho' within that time the number of our Inhabitants and our Trade are
greatly increased ; and, therefore, upon reducing the sum at present
desired so very low as we have now done, we trust the Governor
will readily oblige us and our Constituents by giving his assent to
the Bill.

" Sign'd by Order of the House,

"ISAAC NORRIS, Speaker.
« March 7, 1752."

564 MINUTES OF THE

The council read the Bill for Regulating of Pounds for the second
time, and were of opinion that it manifestly interfered with the Pro-
prietary Rights, and was therefore returned to the House with this
Message :

"A Message from the Governor to the Assembly.
" Gentlemen :

"As the supplementary Bill before me to the Act Entituled "An
Act for erecting of Pounds in each Township of the Province," ap-
pears to me manifestly to interfere with certain Rights which the
Honourable Proprietaries have claimed and received since the first
Settlement of the Province, I cannot give my assent to make that
Bill a Law.

"JAMES HAMILTON.

"March 10th, 1752."

The Paper Money Bill was likewise order' d to be returned with
the following Message :

11 A Message from the Governor to the Assembly,
" Gentlemen :

"The Reasons offered in Your Message of the Seventh Instant
for my passing the Bill to re-emit our Current Paper Money, and
striking the additional Sum of Twenty Thousand Pounds, I have
perused and considered with the attention due to matters of so great
Importance. But as our present Bills of Credit will continue to be
current for more than four Years without any Diminution, and the
Prices of our Export Commodities in my opinion shew we are not
in immediate want of Money as a Medium of Commerce, making
the best Judgment I am able of what has lately passed in England
concerning Paper Currencies in America, I cannot see my passing
the Bill in the Light the Assembly does, and therefore cannot give
my assent to it. It is no uncommon thing for men to differ in Sen-
timents; whenever it happens between different Branches of a
Legislature each Part should be guided by their own understand-
ings and the Dictates of their own Consciences. This Rule I am
perswaded you never swerved from, and therefore must the readier
approve of my observing it.

"JAMES HAMILTON.

"March 10th, 1752."

The Governor, by his Secretary, return'd to the House the Bill
for preventing Bribery and Corruption in the Election of Sheriffs
and Coroners within this Province, with a verbal Message — " That
he was ready to pass that Bill into a Law when it should be pre-
sented to him for that Purpose."

With respect to the Pee Bill and the Attachment Bill, they both
appearing to contain Matters of too much moment to be settled at

PROVINCIAL COUNCIL. 565

the close of a Session, they were detained by the Governor, and the
following Messages sent by the Secretary to the House, Viz. :
u That he was commanded by the Governor to acquaint the House
that the settling a general Bill of the Fees to be taken by all the
Officers of the Government is a matter of very great Importance,
and will in his opinion require more time and consideration than
the shortness of the present Session will admit of, and therefore he
inclines to keep the Bill under Advisement till the next meeting
of the Assembly/'

And " That he was further commanded by the Governor to in-
form the House, That he is a friend to the Design of the Bill for
regulating Attachments under Five Pounds, but thinks it stands in
need of more corrections and Alterations than can be well gone
into at Present, and that by the next meeting of Assembly he will
endeavour to amend it in such manner as to make it answer the
good Purposes intended by it.'7

At a Council held at Philadelphia, Wednesday the 11th of
March, 1752.

present :
The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Robert Strettell, ~\

Benjamin Shoemaker, Joseph Turner, > Esquires.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.

A Message was yesterday by two Members delivered to the
Governor, that all those Bills which had passed the House with his
Concurrence were, with his Amendments, agreed to and ingrossed,
and that the House desired he would be pleased to appoint some of
the Council to meet a Committee of this House in order to com-
pare the said Bills; And further, desired to know what Time the
Governor would be pleased to appoint, that the House should wait
upon him in order to the Passing the same into Laws.

Mr. Strettell and Mr. Peters having by the Governor's Appoint-
ment compared the Bills, the House, with their Speaker at their
head, presented to the Governor Six compared Bills, which He
enacted into Laws, and are Entituled as follows, Viz*' :

"An Act for erecting Part of the Counties of Philadelphia,
Chester, and Lancaster into a separate County."

"An Act for erecting the North-West Part of Bucks into a
Separate County."

" An Act to regulate the Assize of Bread."

566 MINUTES OF THE

" An Act to prevent Disputes about the Dates of Conveyances
and other Instruments and Writings."

u An Act for directing the Choice of Inspectors in the Counties
of Chester, Lancaster, York, Cumberland, Berks, and Northamp-
ton."

"An Act for preventing Bribery and Corruption in the Elec-
tion of Sheriffs and Coroners within this Province."

Then the Speaker presented the Governor with an order on the
Treasurer for Four Hundred Pounds.

Afterwards two Members acquainted the Governor from the
House that they inclined to adjourn to the tenth of August next,
to which he made no objection.

At a Council held at Philadelphia, Friday the 24th of April,
1752.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Robert Strettell, ) -p

Joseph Turner, Richard Peters, J ^

The Minutes of the preceding Council were read and approved.

The Record of the Proceedings of the Supreme Court held at
Philadelphia for the city and county of Philadelphia, the sixteenth
and seventeenth Instant, before William Allen, Lawrence Growdon,
and Caleb Cowpland, Esquires, was read, whereby it appears that
one John Webster of the City of Philadelphia in the said county,
Labourer, was found guilty of Felony and Burglary in breaking
and entering into the Mansion House of William Clemm, in the
City and County aforesaid, in the night time of the third Day of
September, in the twenty-fourth Year of his present Majestie's
Reign, and that Sentence of Death had been pronounced upon him.
As he was known to have been capitally convicted at New Castle,
and had committed many crimes of the most henious nature since
that, and as the Judges did not say anything in his Behalf, the Ex-
ecution of the said Sentence is ordered to be on Saturday the second
of May, between the hours of ten and two, of which the Sheriff
and Criminal are to have immediate Notice.

Andrew Montour having earnestly and repeatadly applied for
Permission to live in some of the Plantations over the Blue Hills
in Cumberland County, the Governor declined giving his leave till
he shou'd have conferred with Mr. Weiser and Mr. Peters on the
Subject, and after a good deal of Consideration it was thought
proper, as numbers had lately gone to settle there and others were

PROVINCIAL COUNCIL. 567

daily crowding into those Parts, that Andrew Montour shou'd be
furnished with a Commission under the Lesser Seal to go and re-
side there in order to prevent others from settling or from dealing
with the Indians for their consent to settle, and accordingly the
following Commission was signed by the Governor, and the Lesser
Seal put to it :

"By the Honourable JAMES HAMILTON, Esqr., Lieutenant
Governor and Commander-in-Chief of the Province of Penn-
sylvania, and Counties of New Castle, Kent^ and Sussex, upon
Delaware,

a To Mr. Andrew Montour —

" Whereas, It is represented to me that many Persons are lately
gone and continually going over the Kittochtinny Hills to settle
Lands not purchased of the Indians, notwithstanding the repeated
Proclamations issued by this Government against such Practices,
and that sundry Persons are now under Prosecution for the same ;
And whereas You, the said Andrew Montour have signified to me
that if it was permitted you to go and reside there you cou'd be
very serviceable both to this Government and to the Six Nations,
in keeping People off from settling on those unpurchased Lands,
and that you are thereby induced to offer your Service to me for
that Purpose, I having taken the same into consideration, and
hoping that your public character and the Relation you stand in to
the Six Nations may open the Eyes of these unthinking People, do
by these Presents permit, lycence, and authorize you the said An-
drew Montour to go and reside in such Place over the Kittochtinny
Hills as you shall judge most central and convenient, in order that
you may by your personal Care and Vigilance preserve those Lands
from being settled as well as warn all off who have presumed to go
there, and do whatever is in your Power to discourage others from
attempting it, letting all know what an offence it is against this
•Government, and how injurious to the Six Nations. Strictly re-
quiring you to report to me from time to time the Names of such
People as presume to settle there that they may be prosecuted, and
earnestly recommending it to you to use your best endeavours that
the good Purposes intended by this Permission may be effectually
•answered, and that you act with the utmost Prudence and Resolu-
tion, so as not to give just cause for any one to charge you with a
Breach of Duty in the Premises. *

41 Given under my Hand and the Lesser Seal of the said Province,
at Philadelphia the Eighteenth Day of April, in the year of our
Lord One Thousand seven Hundred and Fifty-Two."

MEMORANDUM.

Andrew Montour waited on the Governor to acquaint him that

568 MINUTES OF THE

lie had reason to believe he should be applied to by the Government
of Virginia to interpret for them at the ensuing Treaty to be held
at Ohio, and desired his Honour's Leave and Advice how to act.
The Governor thought it best to give it him in Writing, and that it
should be enter'd in the Council Books, being as follows :
" Mr. Andrew Montour —

" You having signified to me that you are to be employed for the
Governm*- of Virginia as Interpreter at the ensuing Treaty to be
held with the Ohio Indians, and that from something which passed
in Conversation amongst the Indians whilst you was with them in
the Winter you are assured they will expect to know my Sentiments
and to hear from me on this occasion, Be pleased to let them know
that as his Majesty has been pleased to give these Indians such a
Specimen of his tender Care of them as to order them a Present, it
is my advice that they give a very cordial Reception to the Virginia
Commissioners, accept the King's Present with all becoming Thank-
fulness, and cultivate an affectionate Friendship with his Majestie's
Subjects of that Colony. These are my Sentiments, which I give
you in Charge to communicate to the Six Nations and all the other'
Indians residing at Ohio in such a manner as you shall think will
make the deepest Impression on them, telling them that the kinder
they are to the Virginia People, and particularly to those who are
minded to trade with them, the more agreeable it will be to me,
that I wish the Indians all manner of Happiness, and shall be glad
at all times to give them the amplest Proofs of my Regards for
them. I wish you health, and am

" Your assured Friend,

« JAMES HAMILTON.

"Philadelphia, 18th April, 1752-"

MEMORANDUM.

The Governor having received by Mr. Hugh Crawford a Letter
from George Croghan, Esquire, dated the eighth of February last,
enclosing a Message to his Honour from the Shawonese, order'd
them both to be enter'd in the Council Books with his answers, all
which are as follow :

A Letter to the Governor from Mr. George Croghan.
i( May it please Your Honour :

" The enclos'd is address'd to you by the Chiefs of the Shawo-
nese, and as far as I can understand it is to assure You that they
with the Rest of the Nations in those Parts are determined to be
revenged on the French for the thirty Men of the Twightwees that
the French have killed this Winter, and they wou'd not undertake

PROVINCIAL COUNCIL. 569

such, a Proceeding without acquainting you and having your advice,
which I take to be as if they wanted to be assured of your Friend-
ship if they engaged in a War with the French, for by having Your
Friendship they would be sure of always having Plenty of Goods
and Ammunition amongst them.

" I am Your Honour's most dutiful and most obedient humble
Servant,

"GEO. CROGHAN.

« February 8th, 1752."

A Message to the Governor from the Shawonese.

" February the 8th, 1752.
" Brother :

" It is a great while ago since You, our Brothers the English,
and We, Your Brothers the Indians, were both made by one
God that made all things ; and when he made you white and Us
black he placed You* on the Ground beyond the Great Sea and
us on the Ground on this side that Sea, and then he was pleased
to order you to make Ships and come over the Great water to
visit us your poor Brothers, and as soon as we saw your Ship
we took hold of her and was glad to see you our eldest Brothers;
and soon after you gave us Books, and told us we should pray,
and we thought we would do so, but in a short time we got in
debt and the Traders told us we must pay them, so we quitted
praying and fell to hunting, and the God that made us gave us all
the Beasts of the Field for our Food and the Water for our Brink
and the Wood for our Fire, and threw down Fire from Heaven to
kindle our wood, and since you our Brothers came and settled on
the sea Side we were obliged to come back on account of Game, as
our Food grew scarce, and we are come to a Place where we are
always in fear, and do not know how soon we will be obliged to
apply to you for Succour ; and notwithstanding our many Failings,
we have that Faith in you our eldest Brothers that you will take
care of us and advise us for the best. All the Nations settled on
this River Ohio and on this side the Lakes are in Friendship and
live as one People ; but the French, who are directed by the Evil
Spirit and not God, trouble us much ; they have often cheated us
with their advice, and as we won't listen to them any more they
threaten to cut us off, and have killed thirty of our Brothers the
Twigh twees; and we now acquaint you that we intend to strike the
French, and not suffer ourselves to be insulted any more by our
deceitful Fathers and Brothers. We remember that our old men
have told us from generation to generation that when God spoke
first to us that he gave six things and told us we must believe
what he said, so we always council in that way, and we hope when
you speak to us you will speak by Six Strings of Wampum and
then we will be sure it is you that speak to us, and that you don't

570 MINUTES OF THE

speak for nothing, as we assure you our hearty Inclinations to
believe and hear you when you speak, and we assure you we will
be directed by you and no other ; and in Confirmation of what we
have said we send you those Six Strings of Wampum.

" Present :
" Hugh Crawford, " Misemeathaquatha,

" John Grrey, "Loapeckaway,

" John Findley, "Nickiphock,

" Dd> Hendricks, M Loawaghcomico."

u Aaron Price,

The Governor's Answer to George Croghan, Esquire.

" Philadelphia, April 24th, 1752.
"Sir:

" I have received your Letter of the eighth oT February, enclosing
one from the Chiefs of the Shawonese, with Six Strings of Wam-
pum, And I now enclose to you an answer to the said Letter of the
Shawonese, which I desire you will deliver and explain to them in
the best manner, to which Purpose I have sent Six Strings by Hugh
Crawford, which you will please to receive from him.

" You cannot but be sensible that Application from the Indians
to this Governmt- for assistance towards carrying on a War with the
French or any others must be very disagreeable, because you well
know the Principles of the People here who have the disposition of
the Publick Money are entirely averse to any such measures j and
therefore it lays me under the necessity of either evading the
Demand or of promising what it is not in my Power to perform,
which I should by no means chuse to do.

" These People and all others in our Alliance may be assured of
our Friendship upon all occasions where it is in our Power to shew
it consistently with the Circumstances of the Province, but to
encourage them to go to War and engage to assist them therein is
what I cannot by any means agree to for the Reason before men-
tioned, namely, that I should not be able to fulfil my engagements
in case any such Promise should be made to them.

M What I have, therefore, to request of you is, that upon delivery
of my answer you will give it the most favourable turn for us that is
in your Power, and if I have omitted any thing that would have been
proper to be said that you will supply it in the best manner you are
able. I am glad to hear of the recovery of your health, and am,
" Sir, Your most humble Servant,

"JAMES HAMILTON."

PROVINCIAL COUNCIL. 571

The Governor 's Answer to the Shawonese.

" Philadelphia, 24th April, 1752.

"Brethren: '

" Every opportunity you give me of hearing from you affords me
great satisfaction. Your's of the eighth of February, written in the
Hand of Mr. George Croghan, and witnessed by Five Indian Traders,
was delivered to me last week by Mr. Hugh Crawford, and its con-
tents have been carefully observed, by which you give me to under-
stand { that you will be faithful to Us of this Province, your true
Friends, that the French are prefidious and have of late as well by
their Threatnings as actions rendered you very uneasy, having killed,
as you say, Thirty Twightwees.'

" We hope you are sincere in your Professions of Fidelity and
Amity to Us. We always conceiv'd of the French in the Light
you represent them, and that they will never be at rest nor suffer
you to be so till they have made Slaves of the Indians and taken
from them all their Lands.

"The Circumstances and real Inclinations of the other Indian
Nations among whom you live, with regard to these bad men the
subjects of the King of France, are not so well known to me as to
enable me to give you proper advice, but since I understand that
his Majesty our great King over the Waters has invited you and the
other Indian Nations to a Council to be held at Logg's Town this
next month, and Mr. Crawford tells me all the Indians are deter-
mined to be present at this Juncture at the meeting, I think the
Counsellors and Commissioners for Virginia will be better enabled
on the spot to judge of what shall be proper for you and the other
Indian Nations to do, and will, I doubt not, give you good and
faithful advice.

" Brethren — These People and We are all subjects of one Great
King, and have the same Interests and the same affections for the
Indians, our faithful and good Friends, so that I am perswaded they
will pay a just attention to what you shall be pleased to communi-
cate to them, and give you such Council as they shall judge most
for your real Interest and for the Benefit of all his Majestie's Colonies.

"I for my Part shall ever retain an affectionate tenderness for
the Shawonese, and at all times be ready to relieve their wants and
do them my best offices.

" This my answer will be delivered you with six Strings of Wam-
pum, according to your Request, whereby you shall know that it
comes from me, and receive them and what I write as a Testimony
of the sincere Love of

" Brethren, Your true and assured Friend,

"JAMES HAMILTON/'

572 MINUTES OF THE

At a Council held at Philadelphia, Monday the 25th of May, 1752.

PRESENT :

Thomas Lawrence, Joseph Turner, ")

Kobert Strettell, Richard Peters, > Esquires.

Benjamin Shoemaker, j

The Minutes of the preceding Council were read and approved.

The Council was called to take into consideration the condition of
the Magistracy within the Province, which had received many altera-
tions as well from Deaths as from the Erection of the New Counties }
while the Council were sitting the Governor sent to inform them
that he was indisposed, but desired they wou'd think of a proper
number to put into Commission for the county of Chester, the Court
sitting the next day, and also of a proper number for the county of
Philadelphia, that Court sitting next week, and after much deliber-
ation the following Persons were recommended and commissions ac-
cordingly issued, viz., William Moore, Elisha G-atchel, Joseph Bonsell,
John Mather, Charles Grant, Samuel Flower, Thomas Cummings,
Thomas Worth, Aaron Ashbridge, John Churchman, John Miller,
Isaac Davis, John Scot, Joshua Pusey, Samuel Lightfoot, Edward
Brinton, Mordecai Moore, Mordecai James, Esquires, and the Chief
Burgess of Chester for the time being, were appointed Justices for
the county of Chester; And Thomas Lawrence, Robert Strettell,
Benjamin Shoemaker, Joseph Turner, William Logan, Esquires,
the Mayor of the City of Philadelphia for the time being, the Re-
corder of the City of Philadelphia for the time being, Owen Evan,
Joshua Maddox, Septimus Robinson, Edward Shippen, Charles
Willing, Nicholas Ashton, Thomas Fletcher, John Potts, William
Coleman, Benjamin Franklyn, John Smith, Rowland Evans, Wil-
liam Plumsted, Thomas White, John Mifflin, Henry Antis, Henry
Pawling, Samuel Ashmead, John Jones, and Abraham Dawes,
Esquires, were appointed Justices for the City and County of Phila-
delphia.

At a Council held at Philadelphia, Tuesday the 9th of June, 1752.
present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Benjamin Shoemaker, ~)

Joseph Turner, I Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approved.
The consideration of the new Commissions of the Peace was re-

PROVINCIAL COUNCIL. 573

sumed, and the following Gentlemen appointed Justices for the
County of Bucks, viz. : Abraham Chapman, Mathew Hughes, Simon
Butler, Ennion Williams, Richard Mitchell, John Abraham De-
Normandy, Alexander Graydon, Mahlon Kirkbride, Langhorn Biles,
Thomas Janney, Richard Walker, John Jemmison, William Buck-
ley, Septimus Robinson, John Hart, John Chapman, John Wilson,
John Watson Junr" William Paxson, William Rodman, and Gilbert
Hickes, Esquires, and the Chief Burgess of Bristol for the time
being.

And Thomas Craige, Daniel Broadhead, Timothy Horsefield,
Hugh Wilson, James Martin, John Vanatta, Aaron Depuy, William
Craig, and William Parsons, Esquires, were appointed Justices for
the new County of Northampton.

The Governor laid before the Board a Letter which he had re-
ceived from Govr' Clinton, with some advices relating to Indian
Affairs, which were read and ordered to be entered together with
his Honour's Answer to Governor Clinton :

A Letter from Governor Clinton to Governer Hamilton.
" Sir :

" I do myself the Honour to transmit you Copies of a Paragraph
of a Letter from Lieutenant Mills at Oswego, also of a Letter from
Mr. Martin Killogg, the Indian Interpreter for Boston and Connec-
ticut, to Coll Johnson, which are Just now come to my Hands. I
am with very great Truth, Sr-'

" Your Honour's most obedient and very humble Servant,

"G. CLINTON.
"Fort George, in New York, 23 May, 1752."

Paragraph of a Letter from Lieutenant Mills at Oswego, dated
the 27th of April, 1752.

" Monsieur St. Orr, a French Officer, who was going Express for
De Troit to Canada, called here on Thursday last and informed me
that the Party he lately commanded mutinied, the Corporal at their
head, but that he had the good Luck to run one of them thro' the
Body, and an Inhabitant at the head of nineteen more shot
another, which put an end to it, and he left -four in Irons behind;
but when he heard of my Treatment he was astonished, and as I
heard the preceding Day by an Indian that Burns only is alive at
Swiagawekee, a new Settlement between Codaraghqui and Mon-
treal, with one of his . Feet almost rotted off, he assures me if his
Endeavours are successful to send him back to me.

aBy some forreign Indians just arrived I am told that the.
Twightwees have killed Fifteen of the French, and that the above-

574 MINUTES OF THE

mentioned Officer is gone to Canada to conduct an Army back to be
employed against them, pursuant to my Report last Fall.
"I am, Sir, your Excellency's

a Most dutiful and most Obedient humble Servant,

"JOHN MILLS.
" New York. " Copy Exd- by

" GEO. B ANYAR, Del. Con/'

Copy of a Letter from Martin Kellogg to Coll. Johnson.

" Stockbridge, April 13, 1752.
"Sir:

"By a Mohawk from Connajaharie we are informed the Tawec-
tawees invited several Tribes to smoak with them at or about the
beginning of January last past, signified their design of making
war with the French, and has ordered three French to be killed,
to say, an Officer and two Soldiers — took another, cut off his ears,
sent him to Canada to do word to the Governor, &ca- ;Tis also said
our Six Nations will join with them to war against Canada and
others of the Tribes. Also that you are desired to send Provisions,
Powder, Cutlass's, &c, to Oswego, where they have promised to
meet with you early this Spring. Also that you are desired to
build a Fort at Chenoontawanie for them to retire to in case they
need. I have made report to Boston Court, and shall very soon
make Report to Connecticut Court, but, Sir, we have not a word
from yourself about all this. I should be glad you would send me
an Account what you suppose true of all the above soon as you can,
that I may convey the same to our several Governments, that in
case any thing may be wanted to encourage such a Design it may
be had, is of very great importance wisely to improve an advantage
to the best Purpose. If truly many of the Tribes are resolutely
set, and will unite to war against Canada, I am apt to think they
will soon amaze the French, and vastly interrupt their Peace ; you,
Sir, can have opportunity to exert yourself in doing abundance for
the Crown of Great Britain. I question not your willingness and
ability herein, and wish you may be directed in every thing for the
better, from your ready Friend and humble Servant,

"MARTIN KELLOGG.

"A true Copy of the Original Examd- this 23d May, 1752, by

"GEO. BANYER, D. Secry."

PROVINCIAL COUNCIL. 575

Governor Hamilton's Ansiver to Governor Clinton.

" Philadelphia, June 11th, 1752."
"Sir:

" I am honoured with yours of the twenty-third of May last7
enclosing Extracts from two Letters that have been sent to your
Excellency relating to Indian Affairs, in which this Province is
particularly concern'd, and I return you my sincere thanks for
your early Communication of them. But as the Nation of Indians
therein mentioned, and indeed most of the Others residing in those
Parts, have an intimate Connection with this Governmn yet have
not signified any thing of the kind to me (altho' there be a daily
intercourse betwixt us), I am inclined to think Matters have not
proceeded to the lengths there represented. At the same time I
am firmly perswaded the French, whenever they think themselves
strong enough, will not omit any Opportunity of reducing those
People to their Obedience; and it is a great Mortification to me to
find myself so embarrassed in that respect by the religious Scruples
of one Branch of our Legislature, that I fear it would not be in
my Power (whatever Necessity there might be for it) to afford our
Indian Allies that Assistance and Protection my own Inclination
leads me to, and which the Interest of this Part of his Majestie's
Dominions seems to demand. If I receive any Intelligence from
Ohio which I think worthy your Notice, I shall not fail to com-
municate it to you by the first opportunity.
" Being with very great Regard, Sir,

"Your Excellency's most obedient

u And most humble Servant,

"JAMES HAMILTON."

At a Council held at Philadelphia, Wednesday the 24th June7
1752.

PRESENT :

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

Thomas Lawrence, Bobert Strettell, \ -p

Benjamin Shoemaker, Richard Peters, j ^

The Minutes of the preceding Council were read and approved.

A Petition was presented to the Governor by Mr. Spangenberg,
praying his Honour's Passport and Permission to three of the Mo-

576 MINUTES OF THE

ravian Brethren to go to Onondago for the Purposes therein
mentioned, and read in these words :

"To the Honourable JAMES HAMILTON, Psqr., Lieutenant
Governor of the Province of Pennsylvania, &c.

" May it please your Honour :

" Three of our Brethren, Viz. : the Reverend Mr. Martin Mack,
the Reverend Mr. David Zeissberger, and Mr. Gottfried Rund,
belonging to Bethlehem, having a mind to go up to Onondago (Agree-
able to a certain Promise the Brethren made the Indians two years
since, as your Honour will see by the Paper annexed) — The First
to conduct them thither and then return again to his Place among
the Indians at Gnaden-Hutten, over the blue Mountains, the two
last to stay awhile with the Indians and improve themselves in
their Language.

"These are, therefore, humbly to desire your Honour will be
pleased to grant them a Passport for that Purpose under your Hand
and Seal, which will greatly oblige >

" Your Honour's most humble and most obedient Servant,

" JOSEPH alias AUGUSTUS SPANGENBERG.
" Philadelphia, 18th June, 1752."

The Council were unanimously disposed by all means to en-
courage and to promote the Conversion of the Indians to the
Christian Faith, and thought that the Zeal expressed by the Mora-
vian Brethren on this occasion was highly laudable, but as it was to
be feared that the Indians would not be pleased with the Brethren's
living amongst them, and that these might not confine themselves to
matters of Religion, but might meddle with the Affairs of Govern-
ment, it was thought proper to write to Mr. Weiser desiring him to
give his Sentiments of this matter, and in what Light the Indians
wou'd see it, and whether it could have any bad effect on the Affairs
of Government; and accordingly a Letter was wrote to Mr. Weiser
by the Secretary j but the matter dropped the Moravians not renew-
ing their application.

" A Petition was read of sundry of the Inhabitants of the Countys
of Bucks and the late erected County of Northampton, purporting
that there was a great want of High Roads thro' the said Counties
to Easton, the County Town of the said county of Northampton,
situate at the mouth of the West Branch of Delaware, and alledging
that a commodious Road may be laid out from the Point of the
Mouth of the said West Branch opposite to the said town of
Easton, being the landing Place of a well-accustomed Ferry over
Delaware River and over the said West Branch into the Great Road
leading from Saucon to the City of Philadelphia, and another very
commodious one may be laid, out thro' Durham Tract to go near the

PKOVINCIAL COUNCIL. 577

Furnace to the Great Road leading from Philadelphia through the
said Saucon Township to the Minisinks, and praying that proper
Persons maybe appointed to view and lay out the same; the Prayer
of which Petition being granted, It is Ordered, That William Par-
sons, John Watson, John Chapman, Henry Mitchel, John Lefever,
Lawrence Merkle, Jacob Huchart, Stephen Twining, Junr-' and
William Armstrong, or any Five of them, View the Places where
such Roads are wanted, and if they are satisfied that there is a Ne-
cessity for such Roads, that they or any Five of them lay out the
same, William Parsons, John Watson, or John Chapman, being
one of the number in laying out the said Roads, and that of the
said Roads laid out by Course and Distance as streight as possible
for the general Accommodation of the Inhabitants, and with as little
Damage as may be to any private Persons, a Return be made to
this Board together with a Draught of the said Roads/'

At a Council held at Philadelphia, Monday the 10th of August,
•1752.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Benjamin Shoemaker, \ ™

Robert Strettell, Richard Peters, j ±iS(lmres-

The Minutes of the preceding Council were read and approved.

The Governor laid before the Council several amendments which
he had made to two Bills left with him by the Assembly at their
last Sessions, the one Entitled " An Act for regulating Attachments
not exceeding Five Pounds, and the other Entitled " An Act for regu-
lating and establishing Fees."

The Attachment Bill with the Amendments proposed to be made
to it were first read and approved; and as the Amendments were
many, and some of them long, the Secretary was directed to write
the Bill agreeable to the amendments, and to deliver it with the
Bill and Amendments to the House to-morrow morning.

Then the Fee Bill was read with the proposed amendments in
their respective Places and agreed to, and the Bill order'd to be
returned to the House at the same time as the attachment Bill.

MEMORANDUM.

At night Two Members waited on the Governor to acquaint him
that the House was met according to Adjournment, and was ready
to receive any thing he might have to lay before them; the Gover-
Vol. v.— 37.

578 MINUTES OF THE

nor expecting this message had directed the Secretary to inform
them that he would send the two Bills in His Hands to the House

At a Council held at Philadelphia. Saturday the 22d of August,
1752.

> Esquh

PRESENT I

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell,
Richard Peters,

The Minutes of the preceding Council were read and approved.
The thirteenth Instant. — The Fee Bill was returned to the Gov-
ernor, with a Message that the House had agreed to some of his
Amendments, and in others adhered to the Bill.

The fifteenth Instant. — -A Message was delivered to the Governor
tbat the House had agreed to his proposed Amendments of the Bill
for Regulating Attachments, and desired to know when they might
expect the Governor's Determination on the Fee Bill.

On the eighteenth Instant — his Honour having carefully examined
the several Amendments which the House had not agreed to ; as to
some that were not very material he withdrew them, but as to
others and particularly those relating to the Proprietaries Secreta-
ries and the Attorney General's Fees, he adhered to his Amend-
ments, and sent the Bill again to the House with the particulars
which he had receded from.

The same Day the Bill was again returned by two members,
with a Message " that the House had agreed to some of the Gov-
ernor's Amendments, but in those relating to the Proprietaries
Secretary they still adher'd to the Bill, and assign'd the following
Reasons," namely, " that by the Act of the 9° King George,
Every Patent for Land to be in Parchment was Seven Shillings
and Six Pence. By the Act of the 1st George I., Every Patent
for Land to be in Parchment is settled at Nine Shillings, and by
the Act of the 9° Anne, every Patent for Land is likewise nine
shillings ; that they had now inserted in this Bill the sum of Ten
Shillings for every Patent of Land to be in Parchment, Some of
which the House was convinced were printed on Parchment, and
required only the filling up some few Blanks, and therefore they
cou'd see no Reason to enlarge this Sum." "That the House had
examined the former Acts and considered the Fees of the Attorney
General in Capital Causes, and were of Opinion that the Allow-
ance made by the Bill was sufficient, and therefore adhered to the
Bill."

PROVINCIAL COUNCIL. 579

On the nineteenth Instant the Governor returned the Bill with
the following Message :

A Message from the Governor to the Assembly.
" Gentlemen :

" I have well considered the Reasons given in your Paper of yes-
terday for the Amendments therein proposed, and sincerely wish
our sentiments concerning them had been the same.

" The Business of the Proprietaries Secretary preparatory to and
in making out Warrants and Patents for different Persons is so ex-
tremely various that it seems impossible by Law to ascertain a re-
ward that shall be exactly adequate to each service ; therefore, all
that can be done is to settle a Medium by Which, on the whole,
he may receive a compensation for his Trouble j and this, I think,
will not be exceeded by the Assembly's agreeing to my Amend-
ments.

" The Fees allowed the Attorney General by my Amendments I
am of opinion in general are not equal to the Trouble and Skill
necessarily required to carry on criminal Prosecutions, many of
which must always be lost through the Poverty of the Defendants.

"For these Reasons I cannot recede from my former amendments.

"JAMES HAMILTON.

" August 19, 1752."

In the Afternoon the House desired a Conference on this subject
with the Governor, and he appointed it be the next morning in the
Council Chamber, where he accordingly met a Committee of the
House and laid before them the particulars of the Services done by
the Proprietaries Secretary in and previous to the issuing of War-
rants and Patents, and gave them Liberty to insert them into the
Bill without any additional Fee for them, but alledged that on this
Account, and for many other Reasons then enumerated, he thought
the Fees as amended by him were just and reasonable and what hp
wou'd adhere to. His Honour likewise enter' d into the immense
Trouble the Attorney General was put to by assisting Magistrates
in the Examinations of Criminals on their being first apprehended,
and by giving gratis his Advice to the several Justices in a variety
of matters which it cou'd not be supposed plain Country People
uninstructed in the Laws, and without experience of Court Pro-
ceedings, cou'd understand; and he added to this that the People
prosecuted were generally so poor as scarce ever to pay the King's
Attorney his Fees, so that he cou'd not but be of opinion that the
Fees allowed by him, together with the Salary of one hundred
Pounds given by the Assembly, were not adequate to a skilful and
and faithful Performance of the Duty of an Attorney General, and
that the Gentleman who at present fill'd this Office was inferior to
none, either in understanding or Diligence ; that it was of bad con-

580 MINUTES OF THE

sequence not to reward publick officers according to their real merit,
and therefore he wou'd not recede from his Amendments.

The House having before agreed to the Attachment Bill, and now
to the Fee Bill, the same were engrossed and compared by a Mem-
ber of Council and two Members of Assembly, and on this Day
they were enacted into Laws by the Governor, and then the Speaker
presented him with an Order on the Treasurer for the Remainder
of his Support for the Current Year. And the House, with the
Governor's Consent, adjourned to the thirtieth Day of September
next.

At a Council held at Philadelphia, Monday the 18th of Sep-
ber, 1752.

PRESENT t

The Honourable JAMES HAMILTON, Esqr.? Lieutenant Gov-
ernor.

Thomas Lawrence, Joseph Turner, ")

Robert Strettell, Richard Peters, I Esquires.

William Logan, J

The Minutes of the preceding Council were read and approved.
The following Petition was read :

" To the Honourable JAMES HAMILTON, Esquire, Governor of

the Province of Pennsylvania, &c.
u The Petition of Charles Dupui, Master or Commander of the

Sloop Lelancon, of and from Cape Francois, most humbly

Sheiveth :

"That on or about the sixth Day of August last your Petitioner
sail'd in the said Sloop with a Cargo of Molasses and Rum bound
on a Voyage from thence to Louisburgh j That on his Passage in
the Latitude 37 North, about the twenty -fifth Day of August
aforesaid, Your Petitioner met with a very severe Gale of Wind
from the North-East, which continued so violent for several Days
that it Sprung his Mast, Boom, and Bowsprit, and so disabled your
Petitioner's Sloop as render'd it impossible to proceed on her in-
tended Voyage without being refitted.

" Your Petitioner therefore humbly prays your Honour's Per-
mission to Refit his Vessel in this Port, and purchase so much Pro-
vision as will be nesessary for his Passengers and Marines to com-
pleat their Voyage ; and in Order thereto may be admitted to sell
so much of his Cargo as will answer those Purposes.

" And your Petitioners will ever pray, &c,

"DEPUEY.
"Philada., 18th Septr- 1752."

PKOVINCIAL COUNCIL. 581

It appearing to the Council on the Examination of the Petitioner that
the Contents thereof were true, the following Warrant was signed by
the Governor, and it was further order' d that the Collector be made
acquainted with the Premises, and that Officers be sent on board to
continue there whilst the Sloop is permitted to stay in this Port :

" The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania and Counties of New Castle, Kent, and Sussex, on Dela-
ware,

" To Messrs, Thomas Lloyd, Thomas Penrose, and James West of
the City of Philadelphia:

" It having been represented to me by Charles Depui, Captain of
a Prench Sloop called the Lelancon, that the said Sloop in her Voy-
age from Cape Francois to Louisburg, on or about the sixth Day of
August last Sprung her Mast, Boom, and Bowsprit, and was thereby
disabled to proceed on her intended Voyage and obliged to put into
this Port in order to refit. These are to request and authorize you,
the said Thomas Lloyd, Thomas Penrose, and James West, to ex-
amine the said Sloop and report to me her condition, that it may
be further considered what orders to give relating thereto.
u Given under my Hand and the Lesser Seal of the said Province,

at Philadelphia this Eighteenth Day of September, 1752.

"JAMES HAMILTON."

On the nineteenth Instant the following Beport was delivered to
the Governor, and we consented to the sale of a small Quantity of
her Cargo and gave express orders that she should repair no more
than what was absolutely necessary, and depart in a few days and
the Collector was requested to see this done himself:

Report of Thomas Lloyd, Thomas Penrose, and James West.
" Pursuant to the within Order, We the Subscribers have sur-
veyed the said Sloop's Mast, Boom, and Bowsprit, and cannot ob-
serve either of them sprung • But we find the Heel of the Bowsprit
wants Securing. The Mast is Sap Botten in several Places about
the Partners and Clasp of the Boom, and appears to have been so a
considerable Time, and were she to belong to this Port it would scarce
be deem'd safe, nevertheless we think it may be secured with Fishes.
" The upper Works in general seem much decayed, her Quarters
and Bows appearing to have worked and Twisted in the Sea, but
upon the General we imagine her as capable of performing the future
Part of the Voyage (with a trifling Expence) as she has the Former.
"As Witness our Hands this 19th Sept'- 1752.

" THOMAS LLOYD,
"THOMAS PENROSE,
" JAMES WEST."

582 MINUTES OF THE

At a Council held at Philadelphia, Wednesday the 27th Sep-
tember, 1752.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Wiliam Till, ^

Robert Strettell, Benjamin Shoemaker, y Esquires.

Richard Peters. William Logan, J

The Minutes of the preceding Council were read and approved.

The Governor laid before the Council the following Letters and
Depositions received from the Honourable Benjamin Tasker, Es-
quire, now President in the Province of Maryland, with his respec-
tive answers to them, desiring their opinion and advice what he
ought further to do on the case mentioned in those Letters :

A Letter from Benjamin Tasker, Esqr., to Governor Hamilton.

"Annapolis, 16th April, 1752.
"Sir:

" The Governor received a Petition from Mr. John Digges some-
time since, representing that his Son Dudley Digges was murthered
within the Limits of this Province last February by Martin Kitz-
miller, his Son Jacob, and others of his family. The Governor's In-
disposition, and even dangerous condition almost ever since the Re-
ceit of that Petition, has prevented his considering the matter, nor
should I have given you this Trouble but that upon having Infor-
mation this Day that the 27th Instant is appointed for the Try at
of the said Kitzmillers at York Town, the Governor desired me to
consider what is fit to be done.

"As we are assured the Place where the Fact was committed lyes
within the Limits of this Province and Government, I hope you will
be pleased to order the offenders to be delivered to the proper offi-
cers of this Province that Justice may be done agreeable to Law.
" I am Sir, your most obedient humble Servant

" BENJA- TASKER."

Governor Hamilton's Answer to Benjamin Tasker, Esquire.

" Philadelphia, 24th April, 1752.
"Sir:

" I have carefully enquired into the unhappy Affair mentioned in
your Letter, and find one Jacob Kitzmiller killed the deceased, Mr.
Digges, to the Northward of the Temporary Line run by his
Majesty's order of the year 1738, and that he is now imprisoned at

PROVINCIAL COUNCIL. 583

York to receive his Trial as for an offence committed within that
County.

" I presume these Matters are indisputable and well known to
you, therefore why you should hope I would wrest the Offender out
of the Hands of Justice here and order him to be delivered to the
officers of your Province for Tryal, meerly because you are pleased
to alledge the Place where the Fact was committed lyes within the
Limits of your Province and Government, appears to me somewhat
extraordinary.

"You have been misinformed as to the Time of Kitzmiller's
Tryal, which has not hitherto been appointed; not through any
Doubt of Jurisdiction, but the late severity of our Weather and the
necessary Attendance of our Judges in Criminal Affairs at a tedious
Supream Court.

" However, in regard to your bare Claim of Jurisdiction, I shall
order the Tryal to be delayed for a reasonable time, that your Gov-
ernment if they think fit may disclose to me the Evidence upon
which they demand it.

" Such an afflicting Disaster must now too late suggest to Mr.
Digges very mournful Reflections on the Imprudence of resorting to
Force, though under Colour of Law, to gain the Possession of dis-
puted Lands near the Borders, especially at this Juncture, when
we have great reason to hope for a speedy end of all our Differences
by an Execution of the Lord Chancellor's Decree.

" I am extreamly sorry to hear of Governor Ogle's Indisposition.
I beg you will please to present my Compliments to him with my
hearty wishes for his speedy Recovery, and believe me to be, with
great Regard, Sir,

" Your most obedient, humble Servant,

"JAMES HAMILTON."

A Letter from President Tasher to Governor Hamilton.
« Sir :

" Although the Messenger who brought your Dispatch of the 24th
of last Month, relating to the cruel JIurder of Mr. Digges' Son,
was a long while on the Road, yet I should have answered it sooner
if the Condition of our late Governor, whose Death was daily
expected and has since happened, had not induced me to forbear the
Necessity of taking upon me the Administration of the Govern-
ment.

" However true it may be that this wicked Act was committed to
the North Ward of the Temporary Line run ^y his Majestie's
Order of 1738, yet'by the 3d Paragraph of that order ' All other

584 MINUTES OF THE

Lands in Contest between the said Proprietors now possessed by or
under either of them shall remain in the Possession as they now
are (although beyond, the Temporary Limits hereafter mentioned),
and also the Jurisdiction of the respective Proprietors shall continue
over such Lands until the Boundaries shall be finally settled • and
that the Tenants of either side shall not attorn to the other, nor shall
either of the Proprietors or their Officers receive or accept of
Attornments from the Tenants of the other Proprietor/

" The inclosed Depositions of Robert Owings and John Lemmon
prove that the Spot where Dudley Digges was murdered had been
surveyed (and indeed patented for Mr. Digges the Father), under
Authority of this Government, some considerable time before his
Majestie's order in Council; That John Lemmon upon some Agree-
ment with and under Mr. Digges had Possession of it; That
Martin Kitzmiller purchased from Lemmon his work (which I sup-
pose means Improvements) on that Land; That Kitzmiller being
told by Lemmon that he (Lemmon) had no Right to sell the Land,
but that he (Kitzmiller) must buy of Mr. Digges, answered that if
he could get Lemmon' s good will in his work he should not value
Digges, for that he would hold it under Pennsylvania.

" I must presume you unapprised of these Facts when you thought
my Expectation of having Kitzmiller, the Murderer, delivered into
the hands of Justices in this Province extraordinary, since I cannot
harbour the least thought of your Intention to countenance such a
bold violation of his Majestie's order, endeavoured to be disguised
by a shallow Artifice of Kitzmiller' s getting Possession of Land
known at the very time to be taken up and held under Maryland,
and then declaring he wou'd hold under Pennsylvania.

" Other witnesses may be had to the same Purpose, but as these
are full and express, and the Men of a fair Character, it may be
needless to trouble you with any more at present, and I hope these
will induce you not to wrest the offender from Justice (as you ex-
press it) but to send him into this Province where he can only have
a legal Tryal.

" I concur in your opinion of the Imprudence in resorting to Force
in order to gain Possession of Lands near the Borders or any where
else, and I am perswaded you will also join with me in discouraging
such Practices* as Kitzmiller made use of, which gave occasion to
Force; For the Peace of our* Borders can never be preserved if once
this kind of Doctrine should prevail, that a Possession once gained
by any mean is to be maintained at all Events.

" I am, Sr-' your most obedient humble Servant,

"BENJATASKER.

" Annapolis, 5th May, 1752."

"The Deposition of John Lemmon, aged forty-five Years, or

PROVINCIAL COUNCIL. 585

thereabouts, being sworn on the Holy Evangel's, declares as follows,
viz'- :

" That about fourteen years ago, as near as this Deponent can re-
member, a certain Robert Owings laid out two hundred Acres of
Land, part of Digges' Choice, which said Land the said Owings
told this Deponent belonged to Mr. John Digges. After the said
Deponent had lived about three Years on it he then sold the said
Tract of Land to a certain Henry Sell, and immediately after that
the said Deponent had laid out for him, by the aforesaid Owings,
one hundred Acres more of the same Tract or Parcel of Land called
Digges' Choice, where a certain Martin Kitzmiller now lives, the
said Kitzmiller having bought in about a Year's time the said De-
ponent's work thereon, tho' at the same time the said Deponent in-
formed the said Kitzmiller that the said Deponent had no Right to
sell the Land, but he must buy of the said John Digges, upon which
the said Kitzmiller told this Deponent if he could get his good will
in his work he should not value said Digges, for that he would hold
it under Pensilvania; and further, this Deponent declares that about
seven or eight Months past, as this Deponent was passing to the
said John Digges' Quarter on the same Land to do some Business,
when he, this Deponent, called at a certain Peter Oler's, who told
this Deponent that he understood the said John Digges was coming
to survey some Lands for a certain Jacob Banker ; that he, the said
Oler, at the same told this Deponent that the said Digges had no
Land there, but that all belong to Pennsylvania; that he, the said
Oler, went then with this Deponent to the above-mentioned Kitz-
miller's, near which Place the said Digges was expected to come
that Day to survey Land for the aforesaid Banker, at which time
he, the said Oler, declared to this Deponent that he would with a
club or stick knock the said Digges down and drive him away, and
the said Kitzmiller swore he would shoot and kill the said Digges
if he offered to survey that Land; this Deponent asked the said Oler
and Kitzmiller whether he should tell the said Digges, to which
they both answered Yes he might go and tell the said Digges ; and
further, this Deponent says that he, the said Oler, told this Deponent
that he was informed by a Man from Rock Creek the said Digges
had lost all his Land, that the Assembly had taken it from him;
And further saith not. Taken before us, the Subscribers, two of
his Lordship's Justices for Baltimore County, this 18th Day of July,
Anno Domini, 1746.

"W. YOUNG,
"SAML- OWINGS."

The Deposition of Robert Owings, aged fifty-three or thereabouts,
being sworn on the Holy Evangel's of Almighty God, declares as
followeth, Vizn :

" That on or about the 26th Day of February last past, this De-

586 MINUTES OF THE

ponent hearing Mr. Dudley Digges was shot and was much wounded
near the Dwelling Place of a certain Martin Kitzmiller by the said
Kitzmiller's Son Jacob, this Deponent went to see the said Mr.
Dudley Digges at the Place where he found him lying in great ex-
tremity at the End of the said Kitzmiller's Smith Shop, and in
about half an hour after expired ; That several Persons were then at
the said Place, and by all the Information this Deponent could then
and since have, the said Mr. Dudley Digges died within five Yards
of the Place where he was shot ; That this Deponent very well re-
member'd he had the directing of the Survey of Mr. John Digges7
Land at Conewago, call Digges' Choice, and when the Surveyor
came first to run the Lines he did not finish the same ; in some time
after he came again and began the Whole again and finished the
Survey for Return, And the very Spot where the aforesaid unfor-
tunate Murder was committed was both times included in the said
Surveys ; And this Deponent further saith that the said Mr. John
Digges had given him Instructions to settle some Germans within
the Lines of his said Survey, in Pursuance whereof this Deponent
did survey one hundred Acres of said Land for a certain John
Lemmon, who then went to the said Digges agreed upon Terms
and settled the same, which Settlement was included within the
Lines of the original Tract or Survey as well as within the one
hundred Acres so surveyed by this Deponent as aforesaid, and is
the same Place where the said Martin Kitzmiller now lives, and
where the aforesaid Murder was committed; And this Deponent fur-
ther saith that he believes he had Notice of his Majesty's Order for
quieting the Possessions on the Lines dividing the two Governments
of Maryland and Pennsylvania as soon as any Person had heard of
it in this Province, And that he received this notice from Pennsyl-
vania, and well remembers that the last Survey was made a long
time before the Royal Order aforesaid was known here, and that the
said Kitzmiller had bought the Plantation aforesaid a considerable
time before this Deponent had heard of the order and had agreed
with John Lemmon aforesaid, as the said Lemmon told this Depo-
nent to pay the aforesaid John Digges what Money the aforesaid
Lemmon had agreed and contracted with the said John Digges for
the Land aforesaid; And he further saith that he has frequently heard
the said Kitzmiller say that he wou'd agree with the aforesaid John
Digges for the same.

" ROBERT OWINGS.

" Sworn to before me this Second Day of May, 1752.

" GEO. STEUART."

Governor Hamilton's Letter to President TasJcer.
" Sir :

"Your Letter in answer to mine of the twenty-fourth of last

PROVINCIAL COUNCIL. 587

Month came not to my Hands till the 14th Instant, to which I
shall now endeavour to reply in the clearest Manner I am able, and
in the first Place I readily acknowledge His Majesties' s Orders con-
firming the Agreement of your late and our present Proprietaries is
the Rule that ought to govern us, to which I shall on this and every
other Occasion pay the most chearful and exact obedience.

"The third and fourth Articles of the Agreement are, — 'That all
other Lands in Contest between the said Proprietors now possessed
by or under either of them, shall remain in the Possession as they
now are (although beyond the Temporary Limits hereafter men-
tioned), and also the Jurisdiction of the respective Proprietors shall
continue over such Lands until the Boundaries shall be finally set-
tled, and that the Tenants of either side shall not attorn to the other,
nor shall either of the Proprietors or their Officers receive or accept
of Attornments from the Tenants of the other Proprietor/

"'That all vacant Lands in contest between the Proprietors
not lying within either of the three Lower Counties, and not pos-
sessed by or under either of them, on the East side of the River
Sasquehannah down so far South as Fifteen miles, and one Quarter
of a mile South of the Latitude of the most Southern Part of the City
of Philadelphia, and on the West side of the said River Sasquehan-
nah, down so far South as fourteen Miles and three-Quarters of a
mile South of the Latitude of the most Southern Part of the City of
Philadelphia. The Temporary Jurisdiction over the same is agreed
to be exercised by the Proprietors of Pennsylvania and their Gov-
ernor, Courts, and officers, and as to all such vacant Lands in con-
test between the Proprietors, and not now possessed by or under
either of them, on both sides of the said River Sasquehannah South
of the respective Southern Limits in this Paragraph before men-
tioned, The Temporary Jurisdiction over the same is agreed to be
exercised by the Proprietor of Maryland and his Governor, Courts,
and officers, without Prejudice to either Proprietor and until the
Boundaries shall be finally settled/

" These Articles and order establish in the Proprietor of Mary-
land a Jurisdiction over all Lands then Possessed by or under him,
altho' to the Northward of the Temporary Line, and in the Propri-
etaries of Pennsylvania a Jurisdiction over all the other Lands to
the Northward of those Lines.

" The Fact (to which I think it improper for me to give a name
before a legal Tryal) was committed to the Northward of the Lines ;
therefore if a Jurisdiction be claimed on Behalf of the Proprietor of
Maryland, in my apprehensions it will be necessary at least to show
it was done on some Tract of Land at the time of making the Royal
Order possessed by or under his late Ancestor.

" As your claim now appears founded on the Right of Mr John

588 MINUTES OF THE

Digges and the Possession of him, his Tenant or Tenants under that
Right, I presume Clear Proofs ought to be made :

" 1st. That Mr. Digges had Right to Land under the Lord Bal-
timore.

2dly. That the Place where the Act was done lyes within the
Limits of that Land.

" 3dly. That Mr. Digges, his Tenant or Tenants, were possessed
of such Place at the time of the Royal Order.

" I have perused the Papers inclosed to me as Evidence, and with
regard to the first Point cannot find the Authority by which Mr.
Digges made his Survey so much as mentioned.

" As to the second, whether the Place where the Act was done
lyes within the Limits of Land held by Mr. Digges ; It seems to me
highly improper to rely on the memory of Mr. Owings concerning
a Transaction so many years ago, when the matter is capable of
Demonstration, by now surveying the Land of Mr. Digges accord-
ing to his certificate of Survey and Patent, which I conclude, from
the assertions in your Letter, must be Registered in your Land
Office, If you please to furnish me with copies of them they will
not only enable me to satisfy myself on this Point, but the first by
shewing Mr. Digges held under the Proprietor of Maryland.

" As to the Third Point, I am at present inclined to think that it
is not the manner of dispossessing Mr. Digges before the Royal Or-
der, but his or his Tenants under him being in actual possession at
the time of making it, that can give a Jurisdiction to your Proprie-
tor. It is very probable Art, Fraud, and Violence were too frequent-
ly used amongst the Borderers concerning their Possessions, and I
wish Mr. Digges, considering his misfortune, may be less culpable
than the rest of his neighbours ; but to avjoid these and establish
future Peace and Tranquility were the Articles and Order made by
which the Possessions of Lands then held under either Proprietor,
however obtained, and their Jurisdiction over such Lands respec-
tively, were granted and confirmed.

" Seeing the Question before us is in a Criminal Case, wherein
the Life of one of his Majestic' s Subjects seems immediately con-
cerned, for possibly upon the Jurisdiction the nature of the Crime
may depend, I must offer it to your Consideration whether I ought
to admit as sufficient Proof ex parte Depositions taken in your
Province, and one of them many Years ago upon some other occa-
sion, or whether Law and Reason do not require that the Witnesses
should appear and depose in this Province, in order to give the
Prisoner the Benefit of Cross-examining, and counter-proving them
if he can. I do not by this presume to direct in what manner you
shall prove your Jurisdiction, but let you know that ultimately I
must judge of the Proofs you are pleased to offer agreeable to Law,
according to the best of my Understanding.

PROVINCIAL COUNCIL. 589

"Farther, I request that whatever Papers have been or shall
hereafter be transmitted to me concerning this Affair may be
legally certified and attested, not that I have the least Diffidence
of the Honour of your Government, but to avoid the just censure
of allowing less than Authentick Testimonials in a matter of so
great Importance.

" The Part of your Letter which endeavours to account for a per-
emptory Demand of the Prisoner without Proofs, is very kind in
presuming me unapprized of Facts done on the Borders above one
hundred miles from the City of Philadelphia, and so many years
before I came to the Government, and in declaring you could not
harbour the least Thought of my Intention to countenance such a
bold violation of his Majestie's order. In return I declare I never
heard of Kitzmiller or his Dispute with Mr. Digges until the sad
Disaster, and now all the Fruits I am like to reap from them are
my Concern for an unfortunate Father and a great deal of anxiety
and trouble. Surely all Persons must be unconcerned about the
Place of Tryal except for the sake of Justice, which shall be invio-
lably observed by me to the utmost of my skill and Power.
" I am, Sir, Your most obedient humble Servant,

"JAMES HAMILTON.

" Philadelphia, 22d May, 1752."

President TasTcer's Letter to Governor Hamilton.

" Annapolis, 22d June, 1752.
"Sir:

"I make use of this opportunity to acknowledge the Receit of
yours of 22d past, and this I would have done sooner but that I
have not yet been able to come at such Proofs as may be necessary
to send you in this unhappy Occasion of the Murder of Mr. Digges'
Son, and the Father living at so great distance as near as a hun-
dred miles from hence, that it's difficult to hear from him ; however
such Proofs as can be got shall be sent you as soon as possible, so
that I now only add that I am, Sir,

" Your most obedient humble Servant,

" BENJA- TASKER."

Ji Letter from President Tasker to Governor Hamilton.
"Sir:

"My Delay in answering your Letter of the 22d of May,
but which was not received before the 20th of June, proceeded
from a "Willingness to give you a little Trouble as may be by

590 MINUTES OF THE '

transmitting to you at once all the Proofs which, might be neces-
sary to support our Claim of Jurisdiction in the Place where Mr.
Digges' Son was murthered j But the Distance, which is near 150
Miles from hence, has put it out of my Power to prevent many
Difficulties and Disappointments which have happened in pursuing
my Directions, so that I am under a Necessity of making this
Answer rather than the Determination of an Affay: of this Conse-
quence should be further deferred, especially as I hope you will
upon reconsidering the Proof lately sent, the additional one of
Logsdon now inclosed, and the several Depositions which your Gov-
ernment formerly had from This relative to the Land of Mr. Digges,
think my Demand of Kitzmiller sufficiently justified, and that
nothing can be thought wanting except the Authenticity of those
Depositions, which you imagine to be proper for your own Justifica-
tion, and shall be forwarded to you as soon as you signify in what
manner you would have the Copies authenticated, unless you would
chuse to have the Originals, which properly ought to be lodged
here j but, however, I would upon your Desire furnish you with them
for your greater Satisfaction.

" However cautious and tender you are not to give a hard Name
to a cruel Fact, yet surely the Shooting a man in the Back after he
had intreated not to fire the Gun, and when he was hastening away
from the Place and Person supposed to be offended (tho' not the
least Violence had been offered), must be ranked under that Species
of Crimes which Our Law denominates Murther, and which the
Voice of Nature, Humanity, and all Civilized Nations equally de-
clares against and condemns. This may partly answer your Hint
of a ' Possibility that the Nature of the Crime may depend on the
Jurisdiction/ For I am at a loss to guess how the Circumstance of
Jurisdiction either in the Proprietary of Maryland or Pennsylvania,
or Ownership in Digges or Kitzmiller, can alter the Nature or even
alleviate the Heinousness of such a Crime; Besides, if it could
possibly influence the Case, would not the Prisoner have the full
advantage of it on his Tryal, when all the Witnesses must be ex-
amined Viva Voce and subject to his Cross Examination. But to
pursue your Objection a little further, permit me to say that you
can hardly perswade me or even Yourself Kitzmiller would object
to the Jurisdiction of your Courts, tho' the Witnesses should in
the fullest manner prove the Fact committed within that of this
Government, whereas upon his Tryal in this Province He would not
fail to insist at all Events on the Incompetency of Our's, so that
even upon this Inequality of a proper Inquiry and Consideration
with Regard to the Jurisdiction as far as the Prisoner or indeed the
Proprietaries may be concerned, the Place of Tryal ought to be
under this Government.

" You have pointed out Three Facts necessary to be proved for
Maintenance of Our Claim, Viz. :

PROVINCIAL COUNCIL. 591

u. 1st. That Mr. Digges had right to Land under Lord Baltimore.

" 2d. That the Place where the Act was done lies within the
Limits of that Land.

" 3d. That Mr. Digges, his Tenant or Tenants, were possessed of
such Place at the Time of the Royal Order.

"Was the Subject of Dispute a Claim of Bounds or Property
either between a Proprietary and a Tenant or between Tenant and
Tenant, and determineable by the common Rules of Law, Your
Expectation might be very reasonable ; But this Question is concern-
ing a Jurisdiction directed and regulated by a particular Order of
his Majesty, who has been also pleased to specify the Mode or
Proof of such Jurisdiction, not by Surveys, Plans, and all the
disputable Inquirys used in Common Cases, but by one Criterion
only, i. e. Possession. Had it been otherwise, and that each Gov-
ernment must have proceeded for their Satisfaction on the Point
of Jurisdiction by the Plan you have prescribed, what endless Un-
certainty, Contention, and Confusion would have happened in every
Case from the meeting of the People on each side of the Borders
in running Lines and proving Boundaries. We may be sufficiently
convinced by what happens on common Surveys and opposite Inter-
ests of the Borderers; So that an Order pursued by your scheme
would rather raise fresh Disturbances and destroy the Peace than
prevent the one and preserve the other, and in this view I presume
the Royal Order has only subjected the Point of Possession to our
Examination. But indeed it has yet taken further Care of these
two Provinces by the strict Injunction contained in that Order to the
Proprietaries and their Officers, not to receive or accept of Attorn-
ments from the Tenants of the other Proprietary. You very
rightly observe ' That probably Art, Fraud, and Violence were too
frequently used amongst the Borderers concerning their Posses-
sions.' Even This his Majesty most graciously provided against
as far as his Royal Commands would influence the Tenants by ex-
pressly forbidding them on one side to attorn to the Proprietary of
the other ; But however inefficacious such Restraints may prove to
the Conduct of the Tenants, We may be assured not the least Ap-
pearance of Disobedience will be in those who hold the Reins of
Government. In this Opinion I again set before you the Light in
which this Transaction shews itself on the Face of the Depositions :
That the spot where Dudley Digges was murthered had been sur-
veyed for Sir. Digges the Father, under Authority of this Govern-
ment some considerable time before his Majesty's Order in Council;
That John Lemmon, upon some Agreement with and under Mr.
Digges, had possession of it; That Martin Kitzmiller purchased
from John Lemmon his work (which I suppose means his Improve-
ments) on the said Land ; That Kitzmiller being told by Lemon
that he had no Right to sell the Land, but that he (Kitzmiller)
must buy of Mr. Digges, answered that if he could get Lemon's
good will in his work he would hold it under Pennsylvania.

592 MINUTES OF THE

" You have not intimated, nor was it ever pretended that Kitz-
miller had any Warrent or Authority from your Government to slide
himself thus artfully into Possession, so that I must own no Impu-
tation lights there j and even I would further believe that if Kitz-
miller had made use of Publick Authority for such an indirect
Purpose before the Order of Council, his Behaviour would have
been publickly disavowed by the same Authority after that order.
But as it is, Kitzmiller without any Sanction than what a Clandes-
tine contract with Lemon, who lived on another Man's Land, could
give him, obtains Possession. This possession whilst in Lemon was
always considered to be under, and he actually taken for several
years preceding as a Taxable of the Maryland Government, and
when transferred to Kitzmiller could not make any Alteration in the
Proprietary's Claim of Jurisdiction, whatever might happen in that
of Mr. Digges or Lemon's Property. But, indeed, it must require
a rare stretch of Reasoning to prove That one getting Possession of
Another's Land by an underhand Transaction should divest the first
owner of his Claim.

" You are pleased to say ' That you let me know that Ultimately
you must judge of the Proofs I shall offer." I suppose your mean-
ing is not in the utmost Latitude of that Expression. It is true
you may against every Proof refuse to make use of the Authority
of your Government for the Delivery of Kitzmiller into the Hands
of Justice here. But give me Leave to observe that any Proceeding
against Kitzmiller coram non Judice, can neither prevent a due and
legal Prosecution of him elsewhere, nor possibly a higher Examen
of the whole matter as well as of our own Conduct.

"I am so greatly desirous of .disembarrassing you and myself
from such disagreeable subjects of Correspondence that it is with
the greatest Reluctance I send inclosed a Copy of a warrent to col-
lect Taxes in York County, to which the names of several Persons
(I am told), known Inhabitants under this Government, are sub-
joined. As the Necessity of preventing further Disturbances occa-
sions this mention of it, I trust the same Motives will prevail with
you to have an immediate Inquiry and stop put to what may in-
croach on the Bights of this Government and derogatory to his
Majesty's Order.

" I had almost forgot to assure you that if You are desirous of
having the Persons (whose Depositions are already taken) re-ex-
amined here in the Presence of any authorized on Behaif of your
Government or the Prisoner, the same shall be complied with upon
such reasonable notice of what time may be proper for the At-
tendance of any from your Government as that We may have those
Witnesses as well as any Others ready at some Place in this Pro-
vince at the appointed time. I am,

" Sir, Your most obedient humble Servant,

"BENNJA- TASKER.
"Annapolis; 30th July; 1752."

PROVINCIAL COUNCIL. 593

The Deposition of John Logsdon, aged thirty-six Years or there-
abouts, being sworn on the Holy Evangel's of Almighty .Grod,
Saith :

u That when a certain John Lemon, about sixteen or seventeen
Year past, as near as this Deponent can remember, settled the Place
and built Houses where Martin Kitzmiller now lives, this Deponent
then lived in the Neighbourhood of the said Place near Conewaga,
and had lived there for some Years before, and was well acquainted
with John Lemon, and afterwards with the aforesaid Martin Kitz-
miller.

" That some time before the said John Lemon settled the afore-
said Place had the same surveyed for him (as this Deponent under-
stood) by order of Mr. John Digges, this Deponent in Company of
some others, and particularly amongst whom was Robert Owings,
Had been riding near the said Place looking for Hogs, and as they
came down the Branch the said Robert Owings told this Deponent
or some of his Company they should now soon get upon Mr. John
Digges' Land, and at the time he, the said Deponent, and Company
came to and entered upon a rich Piece of well-timbered Land a
little Distance above the aforesaid Settlement made by the afore-
said Lemon, he, this Deponent, very well remembers that the afore-
said Robert Owings told this Deponent and Company they were now
upon the said Mr. Digges' Land; this was about 18 or 19 Years
past.

u This Deponent further saith, that he very well remembers that
the aforesaid John Lemon built Houses and lived sometime on the
aforesaid Place where this Deponent is certain that the Land then
shewed this Deponent and Others at the time of their Hog hunting
aforesaid includes the aforesaid settlement of John Lemon, and is
where the aforesaid Martin Kitzmiller now lives. This Deponent also
saith that sometime after the said John Lemon settled on the afore-
said Place the aforesaid Martin Kitzmiller bought the same and
lived thereupon and went to work about cutting a Race or Water
Course for a Mill, and at the same time the said Kitzmiller lived
in the same Houses that were built by the aforesaid Lemon, and is
now about fourteen Years past.

" That this Deponent very well remembers that he was informed
in a Year or two after that the aforesaid Martin Kitzmiller was
treating with the aforesaid Digges to purchase the said Land, and
had provided about Forty Pounds in Money, and intended the same
for said Mr. Digges in order to secure the said Land; but instead
thereof this Deponent very well remembers that the said Martin Kitz-
miller, as this Deponent was then informed, laid out the said Money
to purchase at a Vendue a Place where a certain John Hufflemire then
lived, and which was then sold or soon after, at the same time this
Deponent understood that the said Digges was something disturbed
at the Disappointment thereof. That likewise this Deponent very
vol. v. — 38.

594 MINUTES OF THE

well remembers, and at sundry times was informed that the said
Martin Kitzmiller would purchase of said Digges, and at other
times would not, but would hold under the Proprietaries of Pennsyl-
vania, and about five years ago this Deponent was present when the
aforsaid Kitzmiller came to the said Digges and agreed with the
said Digges in the Purchase and to have same Run out and sur-
veyed for him; to this End this Deponent was employed to survey
the same, and in company with the late Mr. Dudley Digges, Jacob
Bauker, and Miles Coyle, this Deponent did survey and run the
Lines of the same agreeable to a Division made and agreed upon
between the aforsaid Bauker (a former Purchaser of the said
Digges) and the aforsaid Martin Kitzmiller; that this Deponent like-
wise very well remembers that the aforsaid Martin Kitzmiller Com-
plained that the Land Consisted in too much bottom Land and
Meadow and that he should not have Plow Land enough, which
this Deponent told him he might easily add enough of that sort by
taking of the Proprietaries of Pennsylvania, upon which the said
Kitzmiller swore he would have none of Penn's Land.

u This Deponent further knows and remembers that the said
John Lemon upon his settling this Land built a Dwelling House, a
Stable or Barn, and thinks a third House, but of this last Deponent
is not certain, besides cutting down and clearing a very heavy Piece
of timbered Land and fencing the same, in doing of which the said
Lemon was at the Expense of employing a certain John Deerdove
to assist him therein, and this Deponent knows the said Lemon
paid the said Deerdove towards the Expence thereof two valuable
Youno; Bay Horses, which was done by the said Lemon before the
said Kitzmiller entered thereupon.

" This Deponent further saith, that the said Kitzmiller to the
best of this Deponent's Knowledge hath neither grubbed or cleared
any more land or added further Improvements within the said Land
claimed by the said Digges, excepting the Mill, a little Meadow,
with some Addition to the Stable or Barn, and a little Spring
House; and further this Deponent saith not.

" Sworn before John Darnall, one of his Lordship's Justices of
the Provincial Court of Maryland, June 28th, 1752."

Whereupon, the Council having heard, debated, and maturely
considered the Premises, are from the express words of the Pro-
prietaries Agreement confirmed by the Royal Order, and their
manifest reasonable Intention, unanimously of Opinion :

That no Possession at the Time of making the Order of Lands
to the Northward of the Temporary Line can give Jurisdiction to
the Proprietor of Maryland over those Lands, unless such Posses-
sion was held by the Proprietor of Maryland or immediately or
mediately under him. *

That no Right at the time of the Royal Order to Lands North-

PROVINCIAL COUNCIL. 595

ward of the Temporary Line, by or under the Proprietor of Mary-
land, can give a Jurisdiction to that Proprietor over such Lands,
unless they were at the time of the Order possessed by him or me-
diately or immediately by others under that Right.

And they are further of Opinion :

That supposing Mr. John Digges or his Tenant had Possession
of the Land where the Crime was committed at the Time of the
Royal Order, Yet it does not appear from any Part of the Deposi-
tions that such Possession was taken or held by any Warrant or
Patent, Power or Authority, of any kind whatsoever, from or under
the late Proprietor of Maryland, his Agents or Attorneys.

That such Power or Authority to take or hold Possession of
Lands as aforsaid ought properly to be in writing and not by words
alone.

That seeing the President in his- Letter of the fifth of May last
did rely upon it that the spot where the deceased was killed had
been surveyed (and indeed patented) to Mr. John Digges, under
authority of the Government of Maryland some considerable time
before his Majesty's order in Council, and the Governor by his an-
swer of the twenty-second of that Month requested the President
to furnish him with copies of the Survey and Patent to enable him
to satisfy himself of the Truth of those Facts, which the President
has declined doing, and therefore has in effect denied, it is reason-
able to conclude the President was misinformed concerning those
Facts when he wrote that Letter.

That as it appears by the Depositions Martin Kitzmiller at the
time of the Royal Order was in Possession of the close or Tract
of Land where the crime was committed, claiming in his own Right
and disowning the Right of Mr, John Digges and the Proprietor
of Maryland, that Possession, however obtained, according to the
words and spirit of the Agreement, excluded the Proprietor of
Maryland from Jurisdiction over the Land.

That Supposing Martin Kitzmiller by his Purchase from and
Entry under John Lemon became the Legal Tenant of Mr. John
Digges, and his Possession ought to be esteemed the Possession of
Mr. Digges, yet such Possession of Mr. Digges, if it was not taken
by or held under some authority or warrant from the Proprietor of
Maryland, as effectually excludes the Jurisdiction of that Proprie-
tor over the Land as the Possession of Martin Kitzmiller indepen-
dent of Mr. Digges; and

That in this case where the Jurisdiction to try one of his Ma-
jesty's Subject for a Capital Crime depends on Right to Land, upon
which Right the nature and Quality of the offence may possibly
turn, it would be highly unreasonable on a question concerning the
Right in Order to determine the Jurisdiction, tho' in a Summary
manner, to admit for Truth matters deposed out of the Hearing of

596 MINUTES OF THE

the accused and without allowing him the just and legal advantages
of either excepting to or Cross Examining the Witnesses.

Therefore they did unanimously advise the Governor no longer
to suspend the Tryal of the Prisoner, and did further advise him
with all speed to let the President know the Time of Tryal, that
any Persons Authorized by those concerned in the Administration
of the Government, or any other Persons there may have opportu-
nity to lay before the Grand and Petit Juries all legal Proofs to
shew the Jurisdiction in this case belongs to the Proprietor of
Maryland, and that if it should be so found the Prisoner may be
delivered to the Ministers and Officers of Justice in that Province
for Tryal. Which the Governor did in the following manner :

A Letter from Governor Hamilton to President Tasker.

"Philadelphia, September 28 th, 1752.
" Sir :

" I acknowledge the Receit of your Favour of the thirtieth of
July last with the Deposition of John Logsdon inclosed, and should
have returned you an answer long ago had not my Indisposition
and a Desire to lay the Affair before the Council here for their
opinions and advice delayed me.

" I have now laid the whole affair before them, and have there-
upon received their opinion and advice, a Copy of which at large I
enclose to you, and as I concur with them in the former, I am come
to a Resolution of following the latter.

" I therefore beg Leave now to acquaint you that the Court for
the Tryal of Jacob Kitzmiller for killing the late Mr. Dudley Dig-
ges, will be held at York Town in the County of York, in this
Province, on the thirtieth Day of October next, where Persons
authorised by your Government, if it be thought convenient, or
any others concerned, may lay before the Grand and Petit Juries
qualified to try *nim, all legal Proofs to shew the Jurisdiction m
this case belongs to the Lord Proprietor of Maryland.

" Until the receit of your last Letter it was perfectly unknown
to me that Taxes had been assessed or levied by the Commissioners,
&^-' of the County of York on any of the Inhibitants by the Royal
Order made Subject to your Jurisdiction, and in order to prevent
any thing of that kind hereafter, I immediately dispatched Orders
to discontinue all Proceedings thereupon if any such bad been made,
being desirous to the utmost of my Power to avoid all Occasions of
Contention upon these Points, and to maintain Peace and good
Neighbourhood between the two Provinces agreeable to his Majesty's
Royal Intention.

" I am with great Regard, Sir, , 9

u Your most obedient humble Servant,

"JAMES HAMILTON."

PROVINCIAL COUNCIL.

597

The Governor was afterwards furnished by President Tasker with
exemplified Copies of the Warrants, Surveys, and Patents, which
had been granted to Mr. Digges for the Lands claimed by him under
Lord Baltimore to the Northward of the Temporary Line, and it
appeared plainly by these that the Place where Jacob Kitzmiller
killed Dudley Digges was in a Tract of vacant Land that lay to the
Northward of the Temporary Line, and that it had been granted to
Mr. Digges in the Year one thousand seven hundred and forty-five,
in express violation of the Royal Order. These exemplified Copies
were by Order of the Governor produced at a Court of Oyer and
Terminer held by the Supreme Judges for the County of York at
the Tryal of Jacob Kitzmiller and his Father, who were thereupon
acquited.

At a Council held at Philadelphia, Wednesday the fourth of Oc-
tober, 1752.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant

O-overnor.

Thomas Lawrence, William Till, 1

Robert Strettell, Benjamin Shoemaker, J- Esquires.

Joseph Turner, Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Returns of Assembly Men, Sheriffs, and Coroners for the
several Counties were read and the following Persons appointed,
and Commissions were ordered to be made out accordingly :

Sheriff.

Samuel Morris,
William Yardley,
Isaac Pearson,
Thomas Smith,
John Adlum,
Ezekiel Dunning,
Benjamin Lightfoot,
William Craig,
George Monroe,
John Clayton, Junr.,
William Shaakland,

Philadelphia County & City,
Bueks County,
Chester County,
Lancaster County,
York County,
Cumberland County,
Berks County,
Northampton County,
Newcastle County,
Kent County,
Sussex County,

Coroner.

Thomas James,
Evan Jones,
John Keilin,
John Dougharty,
Alexander Love,
Tobias Hendricks,
William Boone,
Thomas Wilson,
John Yeates,
French Battle,
John Roedney-

598 MINUTES OF THE

At a Council held at Philadelphia, Wednesday the Eleventh of
October, 1752.

present :
Robert Strettell,^
William Logan, [ Esquires.
Richard Peters, )
The Minutes of the preceding Council were read and approved..
The Governor being absent through Indisposition, the following
Petition was read, presented by the Captain of a French Sloop
called L'Entreprenant, bound, as he says, on a Voyage from Missis-
sippi to Martinico :

u To the Honourable JAMES HAMILTON, Esquire, Governor
of the Province of Pennsylvania,

uThe Petition of Charles Bellamy, Master or Commander of the
Sloop IS Etitreprmant of Martinico, most humbly Sheweth :
" That your Petitioner sometime since sailed from Mississippi
on a Voyage intended for Martinico ; That on his Passage he met
with such violent Gales of Wind and Stormy weather that so wrecked
and disabled the said Vessel that your Petitioner could not proceed
on his intended Voyage, but was obliged to put ij&to this Port of
Philadelphia to refit; And, therefore, he petitions and supplicates
your Honour to Grant him your Permission to refit the said Vessel1
for the Sea, and to purchase so much Provisions as may be neces-
sary for the Voyage ; and to enable Your Petitioner to do the same
to make sale of so much of his Cargo as will answer those Purposes.
" And your Petitioner will pray, &c.

" CHAELES BELAMY.
"26th September, 1752/'

After which the Captain was examined, and it appearing to the
Council that the Fact might be as was set forth in the Petition, they
advised the Governor to grant the Prayer thereof, and to issue his
Warrant as usual to some Mariners and Shiprights to examine the
Vessel and report her condition, which the Governor accordingly
did j and on their Report that the Vessel ought to be condemned as
unfit to proceed to Sea, the Captain again petitioned the Gov-
ernor for Leave to put his Cargo into a Store ; whereupon the Gov-
ernor sent for the Collector of his Majestie's Customs and committed
the Vessel and Cargo into his Care that the King's Duties might be
secured and the Vessel and Goods sold.

PROVINCIAL COUNCIL.

At a Council held at Philadelphia, Monday the 16th October,
1752.

PRESENT I

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, }

Joseph Turner, V Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

Eight Members of Assembly having waited on the Governor to
inform him that they were met according to Charter and had chosen
their Speaker, and having desired to know when they might present
him for his approbation, he had appointed them to wait on him at
this time in the Council Chamber, and they accordingly coming,
Isaac Norris informed the Governor that he was unanimously elected
Speaker, and being approved by the Governor, he there demanded
the usual Privileges on behalf of the House and himself.

Then was read the following Letter and Paper enclosed in it, sent
by Express from Carlisle to the Governor :

" Carlisle, Aug'- 30th, 1752.
" May it Please Your Honour :

** Last night Thomas Burney who lately resided at the Twight-
wee's Town in Allegheny, came here and gives the following account
of the unhappy Affair that was lately transacted there : On the
twenty-first Day of June last, early in the Morning, two French-
men and about two hundred and forty Indians came to the Twight-
'wee's Town, and in a Hostile Manner attacked the People there
residing. In the Skirmish there was one White man and fourteen
Indians killed, and five white men taken Prisoners.

" The Party who came to the Twigh twee's Town reported that
they had received as a Commission two Belts of Wampum from the
Governor of Canada to kill all such Indians as are in Amity with
the English, and to take the Persons and Effects of all such Eng-
lish Traders as they could meet with, but not to kill any of them
if they could avoid it, which Instructions were in some measure
obeyed.

" Mr. Burney is now here, and is willing to be qualified not only
to this but to sundry other matters which he can discover concern-
ing this Affair; if your Honour thinks it proper for him to come to
Philadelphia to give you the Satisfaction of Examining more parti-
cularly in relation to it he will readily attend your Honour upon
that occasion, or make an affidavit of the particulars here. Such

600 MINUTES OF THE

orders as your Honour pleases to send on this occasion shall certainly
be obeyed by,

" May it please your Honour,

"Your Honour's most obedient Servant,

"ROBT CELLENDER.
" P. S. — Inclosed your Honour has the Twightwee's Speech to
Mr. Burney, with a Scalp and five Strings of Wampum, ^ Bearer.
Fifteen Days after the taking of the Town, Thomas Burney and
Capt. Trent, with twenty Indians, went back to the Town, where
they found all the Indians were fled, and on their Return met with
Three of their Chiefs whom Capt. Trent delivered the Virginia Pre-
sent to as he had then with him. These Chiefs informed them the
Indians were gone eighty miles from thence, and there would reside
till they heard further from their Brothers."

A 3Iessage to the Governor from the Twightwees.
" Brother Onas :

" We, Your Brothers the Twightwees, have sent you by our
Brother Thomas Burney a Scalp and Five Strings of Wampum, in
Token of our late unhappy affair at the Twightwee's Town, and
whereas our Brother has always been kind to us, hope he will now
put us in a method how to act against the French, being more dis-
couraged for the Loss of our Brother the Englishmen who was
killed and the five who were taken Prisoners, than for the Loss of
ourselves, and notwithstanding the two Belts of Wampum which
were sent from the Governor of Canada as a Commission to destroy
us, we still shall hold our Integrity with our Brothers, and are will-
ing to die for them, and will never give up this Treatment although
we saw our great Piankashaw King (which commonly was called old
Britain by us) taken, killed, and eaten within a hundred Yards of
the Fort before our Faces. We now look upon ourselves as lost
People, fearing that our Brothers will leave us j but before we will
be subject to the French, or call them our Fathers, we will perish
here."

The Governor informed the Council that he had sent by the Re-
turn of the Express a Letter, Commanding Thomas Burney to come
to Philadelphia to be examined touching the contents of the Letter
and Message, but that he had not hitherto paid any Regard to his
orders. The Letter, Message, and Scalp were laid before the House
of Assembly.

The following Persons, namely, Thomas Edwards, Lynforcl Lard-
ner, Emanuel Carpenter, James Galbraith, John Kyle, Thomas
Cookson, James Whitehill, James Wright, Adam Simon Kuhn,
James Smith, Samuel Anderson, Thomas Fosster, John Allison,

PROVINCIAL COUNCIL. 601

William Jevon, Robert Thompson, Thomas Holliday, and Adam
Read, Esquires, were appointed Justices for the County of Lancas-
ter, and a Commission issued accordingly.

MEMORANDUM.

On the Seventeenth of October a Message was sent from the As-
sembly by Two Members to inform the Governor that they thought
proper to defer the consideration of the Indian News till he should
have an opportunity of examining Thomas Burney; And further,
that the House enclined to adjourn to the fifteenth of next January,
if he had no objection, and the Governor having none they ad-
journed to that Day.

At a Council held at Philadelphia, Wednesday the 22d of No-
vember, 1752.

PRESENT :

The Honourable JAMES HAMILTON. Esquire, Lieutenant
Governor.

Thomas Lawrence, ~\

Robert Strettell, > Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approv'd.

The Justices of the Supream Court having held a Court of Oyer
and Terminer at Lancaster, another at York, and another at Phila-
delphia, and three Persons having been capitally convicted, the
Records of their several Convictions were read, and first the Record
of Conviction against Hamilton Carsan, setting forth that he was
indicted, arraigned, and convicted of feloniously and burglarily break-
ing and entering the Mansion House of Abram Graff, in Lancaster
County, in the Night time and stealing and taking one Quarter of
a Piece of Eight, one Eighth Part of a Piece of Eight, and Five
shillings in Money, numbered of the Goods and Chatties of the said
Abraham Graff, and sentenced to Death according to Law. And on
the Representation of the chief Justice and Attorney General, the
Governor Pardoned him by a Pardon, which passed the Greal Seal,
and follows in these words :

" George the Second, oy the Grace of God, King of Great Britain,

France, and Ireland, Defender of the Faith, and so forth. To

all Persons to whom these Presents shall come, Greeting :

Whereas, Hamilton Carsan, of the County of Lancaster, at a Court

of Oyer and Terminer and General Gaol Delivery held at Lancaster

for the Borough of Lancaster on the twenty-sixth, twenty-seventh,

and twenty-eighth Days of October in the Twenty-Sixth year of our

Reign, was convicted of feloniously and burglarily breaking and

entering the Mansion House of Abraham Graff, in the said County

602 MINUTES OF THE

of Lancaster, in the Night Time, and stealing and taking one Quar-
ter of a Piece of Eight, one eighth Part of a Piece of Eight, and
Five Shillings in Money, numbered of the Goods and Chatties ©f
the said Abraham Graff, And Judgment by the said Court then
and there was given and pronounced, that the said Hamilton Carson
should be hanged by the Neck until he should be dead. Now Know
Ye, that we being graciously pleased to extend our Royal Mercy and
Compassion to the said Hamilton Carsan, Have remitted, released,
and pardoned, And by these Presents do remit, release, and pardon
unto the said Hamilton Carsan All and every the said Offence and
Offences whereof he was convicted as aforesaid, And all the Pains
and Penalties by means of the said Conviction upon him adjudged
or imposed- And we do hereby Grant unto the said Hamilton
Carsan our full and firm Peace, and that he shall stand right
in all our Courts, if any against him would speak of the Premises.
In Testimony whereof we have caused the Great Seal of our said
Province to be hereunto affixed. Witness JAMES HAMILTON,
Esquire, Governor of the said Province and Counties of Newcastle,
Kent, and Sussex upon Delaware, at Philadelphia the Twenty-First
Day of December, in the Year of our Lord one Thousand Seven
Hundred and Fifty-Two, and in the Twenty- Sixth Year of our
Reign.

" [l. s.] JAMES HAMILTON."

Then was read the Record of Conviction of Hugh Matthews,
u who was sentenced to Death for feloniously making an assault
upon John Carnahan, on a lawful Road and Highway in York
County, with a Staff and a Pistol, and for stealing, taking, and
bearing away a Mare, a Bridle, and Saddle, of the Goods and
Chatties of the said John Carnahan, from the Person of him, the said
John Carnahan, to the Great Terror of the said John Carnahan f9
And the Consideration thereof was postponed to another time, on a
Representation made by the Secretary, Mr. Peters, who was present
at his tryal, and desired that the Governor wou'd be pleased to
inform himself by Mr. Francis of the Nature of Matthew's Crime
and the Evidence with which it was supported.

Then the Record of Conviction of Daniel Hurley for the Murder
of James Clark was read, and the Chief Justice having represented
the Fact to have been committed in a manner which called for no
Favour, the following Warrant was made out and signed by the
Governor for his Execution :

u George the Second, by the Grace of God of Great Britain, France,
and Ireland, King, Defender of the Faith, and so forth, to Sam-
uel Morris, Esquire, Sheriff of the City and County of Philadel-
phia, Greeting :
" Whereas, At a Court of Oyer and Terminer and General

Goal Delivery, held at Philadelphia for the County of Philadel-

PROVINCIAL COUNCIL. 603

phia, on the thirteenth Day of November, Instant, before William
Allen and Caleb Cowpland Esquires, our Justices of our Supream
Court of Pennsylvania, and of our said Court of Oyer and Termi-
ner, A certain Daniel Hurley was presented, arraigned, and tried for
and convicted of a Felony and Murder by the said Daniel Hurley
committed on the Body of a certain James Clark, by striking and
stabbing him with a Knife in and upon his Neck near to the Wind-
pipe, of which he instantly died. And the said Daniel Hurley did
then receive Sentence of our said Court of Oyer and Terminer, that
he should go from thence to the Place from whence he came, and
from thence be led to the Place of Execution, and there be hanged
by the Neck till he should be dead j Of which Sentence Execution
remaineth to be done. These are therefore to require and command
you to see and cause the said Sentence to be executed upon the
said Daniel Hurley at the usual Place within or near the City of
Philadelphia, on Wednesday next, being the twenty-ninth of this
Instant, November, between the Hours of Ten in the Forenoon and
Four in the Afternoon of the same Day, with full Effect, as you will
answer the neglect hereof at Your Peril. And We command all
our Officers, Magistrates, and others our Subjects within our
said Province to be aiding and assisting to you in this Service. In
Testimony whereof we have caused the Lesser Seal of our said
Province, to be hereunto affixed. Witness, James Hamilton, Esquire,
(by Vertue of a Commission from Thomas Penn and Richard Penn,
Esquires, true and absolute Proprietaries of the said Province, and
with our Royal approbation), Lieutenant Governor and Commander-
in-Chief of the Province aforsaid, and Counties of Newcastle, Kent?
and Sussex upon Delaware, at Philadelphia, the Twenty-Fifth Day
of November, in the Year of our Lord One Thousand seven hun-
dred and Ffty-two, and in the Twenty-sixth Year of our Reign.

"JAMES HAMILTON."

At a Council held at Philadelphia, Wednesday the sixth of De-
cember, 1752.

present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Benjamin Shoemaker, Robert Strettell, *) ™

Richard Peters, Joseph Turner, j S(iuir

The Minutes of the preceding Council were read and approved.

The Record of the Proceedings of a Court of Oyer and Ter-
miner held at Chester by the Judges of the Supream Court, on
Monday the twenty-seventh Day of November last, was read,
whereby it appeared that an Indictment was brought against Bryan

604 MINUTES OF THE

Doran, James Rice, otherwise called James Dillon, and Thomas
Kelly, for the Murder of Eleanor Davis in Chester County. And
thereupon the said Thomas Kelley was arraigned and pleaded Guilty ;
And the said James Rice, als. Dillon, was also arraigned and pleaded
not guilty. Upon which he was tried for and convicted of a Felony
and Murder committed on the body of the said Eleanor Davis, and
the said Thomas Kelley, and the said James Rice, als- Dillon, re-
ceived Sentence of Death for the same. The Chief Justice having
reported to the Governor that the Murder was fully proved and
committed in a very barbarous and cruel manner, a Warrant was
signed by the Governor and the Lesser Seal affixed thereto, for the
Execution of the said Thomas Kelly and the said James Rice, al5,
Dillion, and sent to the Sheriff of Chester County this Day by
Express.

" Information being given that Bryan Doran was apprehended
in some Part of Maryland, the Governor to prove the Identity of
the Person signed the following Reprieve for Thomas Kelly, which
was sent Express to the Sheriff of Chester County, but finding him
not to be the same Person tho' of the same Name, the said Kelly
was executed the sixteenth Instant.

"'George the Second, by the Grace of God of Great Britain, France,
and Ireland, King, Defender of the Faith, and so forth, To
the Sheriff of the County of Chester, Greeting :
" Whereas, by our Warrent under the Lesser Seal of the Province
of Pennsylvania, bearing Date the sixth Day of this Instant Decem-
ber, to you directed, We did command and require you the said
Sheriff that you should on the Ninth Day of this Instant Decem-
ber, execute a Judgment lately given against Thomas Kelly by
hanging the said Thomas Kelly by the Neck until he should be
dead. We do hereby command you that from the Execution of the
said Thomas Kelly by virtue of the said Warrant you totally abstain
until the sixteenth Day of this Instant December. In Testimony
whereof we have caused the Lesser Seal of our said Province to be
hereunto affixed. Witness, James Hamilton, Esquire, Lieutenant
Governor of the said Province and Counties of Newcastle, Kent,
and Sussex upon Delaware, at Philadelphia, the Eight Day of De-
cember, in the Year of our Lord One Thousand Seven Hundred
and Fifty-Two, and in the Twenty-sixth Year of our Reign.

"JAMES HAMILTON."

15th January, 1753.
MEMORANDUM.

Two Members of Assembly waited on the Governor to acquaint
him that the House was met according to their adjournment, and

PROVINCIAL COUNCIL, 605

ready to receive any Thing he might have to lay before them. His
Honour said he had nothing then to lay before the House, but if
any thing proper for their Consideration should occur to him during
their sitting,, he would communicate it by Message.

At a Council held at Philadelphia., Friday the 26th of January 7
1753.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, )

Joseph Turner, > Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Assembly on the twenty-fourth presented to the Governor a
Bill for striking Twenty Thousand Pounds and re-emitting the pre-
sent Currency, and this Morning requested loj Two Members to
know if he was come to any Result upon it, and if not they in-
formed him they inclined to adjourn to Monday next.

The Governor laid the Bill before the Council, and with it Ex-
tracts of Letters from the Proprietaries, wherein it appeared that in
Lord Halifax's Opinion it was too soon to present a Paper Money
Bill as yet to his Majesty; it was therefore determined to return
the Bill with the following Message :

A Message from the Governor io the Assembly,
u Gentlemen :

" The many Advantages we derive from the use of Paper Money
ought to make us extreamly careful to avoid every Step that may
possibly endanger it.

"I am well assured the Dislike raised in Britain of the Bills of
Credit in the Plantations by the late too General and undistinguish-
ing Complaints still so warmly subsists as to make any application
to the Crown about our Currency at this time very unseasonable.

" With a view therefore that no share of your Time may be
spent unprofitably, I think myself obliged to declare to you thus;
early (though with a good deal of concern for our Difference in
opinion) that I cannot at present give my Assent to any Bill for
re-emitting the Current Money of the Province, or for issuing any
additional Sum.

"JAMES HAMILTON.

"January 26, 1753."

606 MINUTES OF THE

MEMORANDUM.

The next Day Two Members waited on the Governor with the
following Message, and at the same time acquainted the Governor
that the House were inclined to adjourn to the twenty-first Day of
May next, if he had no objection to the time; to which his Honour
was pleased to say that he had no objection to the proposed Time
of Adjournment :

A Message to ike Governor from the Assembly,
iC May it please the Governor :

" We are well pleased to find by the Governor's Message of yes-
terday that he concurs with us in that important Point, a Sense of
the many advantages we derive from the use of our Paper Money.
We would therefore be equally careful with the Governor to avoid
every step that may possibly endanger it. But as we do not think
that the Dislike raised in Britain of the Bills of Credit in the
Plantations was so general and undistinguishing or still so warmly
subsists as the Governor seems to apprehend, so we do not conceive
that an application to the Crown about our Currency would at this
Time be unseasonable.

" We are equally concerned with the Governor for our Difference
in Opinion, and that in an Affair of such Importance we may not
seem to act too precipitately, we are willing to take the Governor's
Objection into Consideration till our next meeting, and propose to
make a short Adjournment for this Purpose.

" Signed by Order of the House.

« ISAAC NORMS, Speaker.

" January 27th, 1753."

At a Council held at Philadelphia Tuesday the sixth of February,
1753.

PRESENT I

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, William Till, "1

Robert Strettell, Benjamin Shoemaker, ! ™

Joseph Turner, William Logan, [ "

Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Governor proposed to introduce Mr. John Penn, the Eldest
Son of Proprietor Richard Penn, lately arrived here, into the Coun-
cil, and left it to the Consideration of the Board what Place they
wou'd be pleased to offer him; Whereupon the Council taking the

PKOVINCIAL COUNCIL. 607

Governor's Proposition into their Consideration unanimously agreed,
as he stood in so near a Relation to the Proprietaries, and was him-
self perfectly agreeable to them, to place him at their Head, and
that when he shall have taken the legal Qualifications he should be
considered as the first named or Eldest Counsellor on the Death or
Absence of the Governor or Lieutenant Governor.

February the Eighth, 1753.
MEMORANDUM.

Mr. Andrew Montour waited on the Governor and said he came
to him on purpose to acquaint him that he was going to Onondago
with a Message from the Governor of Virginia to invite the Six
Nations to come to a Treaty at Winchester in the summer ; and
desired to know if his Honour had any Business to transact with
those Indians. He likewise informed the Governor that the Six
Nations at Ohio had called him to their Council, and had observed
all the Forms usual on the Admission of Members of Council, and
that he was desired to make this known at Onondago.

The Governor chose at this time to send no Message to the Coun-
cil at Onondago being desirous to know first how the Six Nations
might receive the Governor of Virginia's Invitation of them to a
Treaty at Winchester.

At a Council held at Philadelphia, Monday the 21st May, 1753.

present :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-

ernor.

as Lawrence. Robert Strettell, ~) -™

ures.

Thomas Lawrence, Robert Strettell, \ y •

Joseph Turner, Richard Peters, j "

The Minutes of the preceding Council were read and approved.

Two Members of Assembly waited on the Governor to inform
him that the House was met according to their Adjournment and
ready to receive whatever he had to lay before them.

The Governor laid before the Board several Letters from Gov-
ernor Clinton, enclosing Accounts from Coll. Johnson and from
the Commanding OJficer at Oswego that a large Armament of French
and Indians had passed by that Fort destinated, as was suspected,
for Ohio, in Order to take Possession of that Country, and to build.
Forts on that River; whereupon he had dispatched Messengers to
the Governors of Maryland and Virginia; and likewise Mr. West
was sent to Sasquehannah there to procure and send away two
Messengers, one by Patowmec and the other by Juniata, to Ohio to

608 MINUTES OF THE

give the Indians Notice of This, and to put them upon their Guard.
He farther informed the Council that Andrew Montour had been at
Onondago to invite the Six Nations to a Treaty at Winchester, and
on his Return home meeting Mr. West had desired him to let his
Honour know that the Six Nations did not encline to come to Win-
chester, not thinking it proper to leave their Houses at a time of so
much danger, and that he found the Indians not a little intimidated
at the large Armament of French and French Indians which had
gone by Oswego in their way to Ohio, especially after hearing what
was said by Seven Indians who came into Council while he was
present, and declared they were sent by the Governor of Canada
to inform their Council that the King of France, their Master, had
raised a Number of Soldiers to chastise the Twightwees and drive
away all the English Traders from Ohio, and take those Lands
under their own care, because the Indians acted a foolish Part, and
had not Sense enough to take care of their own Lands. It is true
Mr. Montour said they ordered these seven Indians to tell the Gov-
ernor of Canada they wou'd not suffer him to build Forts there,
nor take Possession of those Lands, nor drive away the English;
that those Lands belonged to the Indians, and that neither French
nor English shou'd have any thing to do with them; that the In-
dians were owners of the Soil and independent of Both, and wou'd
keep the Lands in their own hands; but notwithstanding this An-
swer Mr. Montour said he saw plainly the Indians were frighted,
and that there was a Strong Party for the French among the In-
dians, and the Senecas particularly were in their Interest and
countenanced this Proceeding.

After maturely considering these several Accounts, the following
Message was drawn and ordered to be sent to the Assembly :

"A Message from the Governor to the Assembly.
" Gentlemen :

" By the Intelligence contained in the several Papers now laid
before you, it may be expected that the Country of Alleghany situate
on the Waters of the Ohio, partly within the Limits of this Pro-
vince and partly within those of Virginia, already is or will be in a
very little Time invaded by an Army of French and Indians, raised
for this Purpose by the Governor of Canada, And that the Indians
inhabiting these, who are of the Six Nations with a Mixture of
Shawonese and Delawares, Friends and Allies of Great Britain, will
be obliged to retire and leave their Country for want of means to
defend it against this armed Force, as will also the Twightwees
lately recommended to our Alliance by the Six Nations, And that
his Majestie's Subjects of this and the neighbouring Colonies now
carrying on a just and lawful Trade with these Indians will be cut
off or made Prisoners and their Effects seized and plundered unless
the Messengers dispatched by me to Ohio, immediately on receiving

PROVINCIAL COUNCIL. 609

the advices from the Governor of New York, shall have arrived
time enough to give our Traders and Indian Allies an opportunity
of taking Measures for their own Security.

" The Advices communicated to me by Governor Clinton are fur-
ther confirmed by Mr. Andrew Montour, who happening lately to
be at Onondago on Business of the Government of Virginia with
the Six Nations, heard the Message of the Governor of Canada
avowing these Hostile Proceedings delivered to the Council there
by seven French Indians, together with the Council's answer assert-
ing their Independency and the Property of the Soil, and forbidding
the French from Settling their Lands at Ohio or disturbing the
English Traders ; But Your own Judgment will suggest what such
Prohibition can amount to from a People who are not at present in
a Condition to defend themselves, and who besides are starving for
want of the Necessaries of Life.

" Under these Difficulties what can they do unless his Majestie's
Governors, to whom they will undoubtedly make very earnest Ap-
plications, shall afford them Assistance ? And if this be not now
given them suitable to their Necessities, can it be thought that they
will any longer adhere to their Alliances or hesitate to put them-
selves and their Allies under the Protection of France, who they
■see in a condition to protect them I

" Think, Gentlemen, I beseech You, of the Consequences of
having Forts built and Indian Nations settled by the French within
and near the Limits of this Province, and within a small Distance
from the inhabited Part of it. Are the People settled on our West
Frontiers like to live in Peace and Quietness, or to be able to pre-
serve their Possessions ? or will they not desert them and the Fruits
of their Labour and seek for Habitations elsewhere rather than see
themselves continually exposed to the Inroads and Depredations of.
Enemy Indians ? But there is no need for me to enlarge on this
disagreeable Subject, or to set forth the sad Effects that must un-
avoidably arise from the Neighbourhood of French Forts and Settle-
ments, since these will naturally offer themselves to the Mind of
every One. I therefore earnestly entreat You to take this Matter
into Your Serious Consideration, and as there is great Reason to
expect that Applications will be made to me as well on the Part of
the Six Nations at Onondago as by those who reside to the West-
ward and are like to be more immediately affected by these Pro-
ceedings, I request you would in your present Sessions enable me
to give them Assistance answerable to their Exigencies, sensible as
you must be that it is the indispensible Duty of every Government
to protect and take care of all its Inhabitants, whether they be his
Majestie's Natural born Subjects or Natives of America in Amity
with the Crown of Great Britain or their Friends and Allies.

"JAMES HAMILTON.
" 22d May, 1753."
vol. v. — 39.

610 MINUTES OF THE

The Persons ordered by the Minute of the twenty-fourth o^ June
last to lay out a lioad from Easton to Saucon, made their Return,
which was read in these words :

" To the Honourable the Governor and Council of the Province of
Pennsylvania.

"In Pursuance of an order from the Honourable Board, of the
24th Day of June, 1752, there was laid out a Road Beginrmig at
the Ferry across the West Branch of Delaware River to Easton, in
the county of Northampton, and from thence extending the -jveral
Courses and Distances following, viz'-: South twenty-seven Degrees
and an-half East thirty Perches, South seventy Degrees West four-
teen Perches, South-South -West forty-six Perches, South fifty-four
Degrees West twenty-six Perches, South twenty Degrees, We'St one
hundred and ten Perches, South twenty-three Degrees and a-hal t West
twenty Perches, South forty four Degrees West sixty-nine Perches,
South sixty-one Degrees West forty-two Perches, South foi ry-two
Degrees West fifteen Perches, South eleven Degrees and ; n-half
East seventy-nine Perches, South seventeen Degrees East fifty-eight
Perches, South sixty Degrees East thirty-two Perches, South thirty-
six Degrees East sixty-two Perches, South twenty Degrees West fifty-
three Perches, South one Degree and an-half East ninety-two Perches,
South twelve Degrees West thirty-six Perches, South twenty -seven
Degrees West fifty-two Perchesj South forty-four Degree;- West
forty-four Perches, South eighty-nine Degrees West fifty-six Perches,
South sixty-seven Degrees West eighty-two Perches, South seventy-
four Degrees and an-half West seventy-three Perches, South eighty-
four Degrees and an-half West one hundred and thirty-four Perches,
South forty-two Degrees West eighty-four Perches, South twenty-
six Degrees and an-half West thirty-eight Perehes, South foi ty-one
Degrees West twenty-two Perches, South ten Degrees and an-half
West thirty-nine Perches, South nine Degrees East seventy-eight
Perches, South twenty-four Degrees East fifty-four Perches, South
twenty-two Degrees West sixteen Perches, South two Degrees West
twenty Perches, South forty-one Degrees East thirty-four ] vrches,
South Seventy-five Degrees East twenty-six Perches, South seven
Degrees East fourteen Perches, South twenty Degrees West twenty
Perches, South thirty-five Degrees West twenty Perches, South
thirty-nine Degrees West fifteen Perches, South thirty-two Degrees
and an-half West forty-two Perches, South nineteen Degrees East
thirty Perches, South ten Perches and an-half, South forty .Degrees
East eight Perches, South sixty Degrees East sixteen Perches. South-
East ten Perches, South thirty-three Degrees East thirteen Perches,
South nine Degrees East forty Perches, South five Degrees West
forty-seven Perches, South thirty-one Degrees West twenty-eight
Perches, South twenty-three Degrees West twenty-eight Perehes,
South ten Degrees West fifty-two Perches, South thirty-five Degrees
West sixty-two Perches, South forty Degrees West thirty-two Per-

PROVINCIAL COUNCIL. 611

ches, South fifty Degrees West twenty-six Perches, South seventy-
five Degrees West twenty Perches, South forty-four Degrees West
seventy-two Perches, South forty-eight Degrees West twenty-eight
Perches, South sixty-nine Degrees West nine Perches, South sixty-
one Degrees West forty-eight Perches, South forty-one Degrees
West seventeen Perches, South sixty Degrees West twenty-six Per-
ches, South fifty-one Degrees and an-half West one hundred and
sixty Perches, South fifty-six Degrees and an-half West eighty-six
Perches, South-West forty-seven Perches, South twenty-eight De-
grees West eighteen Perches, South thirty-four Degrees West forty-
five Perches, South forty-six Degrees and an-half West eighty-six Per-
ches, South twenty-six Degrees West thirty-six Perches, South thirty-
seven Degrees West nine Perches, South eighty-eight Degrees West
twenty-two Perches, South sixty-six Degrees West sixteen Perches,
South twenty-eight Degrees West sixteen Perches, South seven
Degrees West twenty-four Perches, South thirty-eight Degrees East
forty-two Perches, South three Degrees West sixteen Perches and
an-half, South twenty Degrees West sixteen Perches and an-half,
South thirty-nine Degrees West eighty-seven Perches, South twenty-
three Degrees West sixty-six Perches, South fifty-one Degrees West
fifty-five Perches, South-west forty-one Perches, South nineteen De-
grees West forty-four Perches, South twenty-three Degrees West
eighteen Perches, South twenty-nine Degrees West thirty-one Per-
ches, South seventeen Degrees, .East fifty-seven Perches, South
thirty-eight Degrees West forty-five Perches, South fifty-six Degrees
West thirty-nine Perches, South forty-eight Degrees West forty
Perches, South fifty-five Degrees East twenty-three Perches and an-
half, South forty Degrees West twenty-four Perches, South twenty-
eight Degrees West fifty-six Perches, South thirty-eight Degrees
West sixty-one Perches, South eighty-five Degrees West seventy-
nine Perches and an-half, South eighty-seven Degrees West sixty-
seven Perches, South fifty-one Degrees West forty-six Perches, South
twenty-seven Degrees West twenty Perches and an-half, South thirty
Degrees West two hundred and sixty-eight Perches, and South forty-
seven Degrees West eighty-five Perches, to the great Road leading
from Saucon to the city of Philadelphia near Brigs' Plantation, in
Bucks county, Being in all Thirteen Miles and one hundred and
Three Perches.

"WM. PARSONS,
"JOHN CHAPMAN,
"JACOB HUCHART,
" WILLIAM ARMSTRONG.
"STEPN- TWINING, Jun'r.
" April the 14th, 1753."

A Petition was read of sundry of the Inhabitants of the Counties
of Berks and Northampton, purporting that there was great want of
a High Road from Easton, the County Town of the said County of

612 MINUTES OF THE

Northampton, to Heading, the County Town of the said County of
Berks, the Roads commonly used not being laid out by any Authority
either from this Board or from the respective Courts of the said
Co unties, were often diverting and obstructed and rendered almost
impassible. The Prayer of which Petition being granted, It is
ordered, that Francis Parvin, Jacob Levan, Benjamin Lightfoot,
James Boone, Sebastian Zimmerman, and Joseph Penrose, on the
Part of Berks County, and William Parsons, Peter Traxler, Junr-'
John Traxler, Timothy Horsefield, John Everat, and Lodowick
Klutz, on the Part of Northampton County, or any Six of them,
view the Place where such a road is wanted, and if they are satis-
fied that there is a Necessity for such a Road, that they or any two
of them lay out the same. Francis Parvin, Jacob Levan, William
Parsons, or Timothy Horsefield, being one of the Number in laying
out the said Road; and that of the said Road laid out by Course
and Distance as streight as possible for the general Accommodation
of the Inhabitants, and with as little Damage as may be to any pri-
vate Persons — a Return be made to this Board together with a
Draught of the said Road.

The Judges of the Supream Court having held a Court of Oyer
and Terminer on the twenty-seventh Day of April last at York
Town, and on the Thirtieth of the same Month at Lancaster, laid
their Proceedings before the Governor, in which it appeared that
John Swales was convicted of the Murder o£ Thomas Reily, at
York ; and as the Judges gave the Governor to Understand that it
was an attrocious Murder, a Warrant was ordered to be drawn for
his Execution. At Lancaster Catherine Reynolds was convicted of
the Murder of an Infant Bastard, and sundry favourable Circum-
stances being repeated by the Judges, who represented her as a fit
object of Mercy, She was reprieved.

Two Members of Assembly waited on the Governor and desired
to know if he had as yet received any Answer from the Proprie-
taries to their Representation delivered the twenty-fourth Day of
August, 1751; the Proprietaries having sent the Governor their
Answer, he ordered both to be put upon the Minutes and then sent
the Secretary with it to the House.

At a Council held at Philadelphia, Wednesday the 30th May,
1753.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, ~)

Joseph Turner, y Esquires.

Richard Peters, )

The Minutes of the preceding Council were read and approved.

PROVINCIAL COUNCIL. 613

On the twenty-fifth Instant the Bill for striking Twenty Thou-
sand Pounds to be made current and emitted on Loan, and for re-
emitting and continuing the Currency of the Bills of Credit of this
Province, was again presented to the Governor by two Members
with the following Message :

A Message to the Governor from the Assembly.
11 May it Please the Governor :

u The Governor's apprehension at our last sitting that the dis-
like raised in Great Britain of the Bills of Credit in the Plantations
by the late too general and undistinguishing Complaints so warmly
subsisted as to make any Application to the Crown about our Cur-
rency at that time unseasonable, induced the House, notwithstand-
ing their different Sentiments, to make a short Adjournment to
consider farther of the weight of that objection, and also of the
Sum by that Bill proposed to be made and continued Current in
this Province. And now when we reflect that tho' the Complaints
against a Paper Currency arising from the Excesses of some Colo-
nies therein, were indeed at first too general and undistinguishing,
so as to occasion the Bringing into Parliament a Bill for restrain-
ing the same in all the Colonies, Yet as upon strict Enquiry (a
State of our Currency then lying before them) the Parliament
thought fit to alter the Bill and lay the Restraint only on those
Colonies where that Currency had been abused, we cannot but look
on this as distinguishing in our Favour, especially as we are assured
that no Complaints were ever made of our Currency by the British
Merchants trading hither, who only could be affected by it, but
that on the contrary they have, whenever called upon for their
Opinion by the Parliament or the Lords of Trade, appeared openly
and warmly in its Favour, and declared (as they did in 1739,
When our Act for Eighty Thousand Pounds, the present Sum, was
under Consideration) " That it was not only a reasonable Sum, but
absolutely necessary for carrying on the Commerce of the Country,"
which appears by the Report of the said Lords made on that occa-
sion to the Council. And as the Exports from Britain to this Pro-
vince, of which we have authentic Accounts, had then in the three
preceding Years amounted to no more than one Hundred Seventy-
Nine Thousand Six Hundred Fifty-Four Pounds Nine Shillings
and Two Pence Sterling, and now in the Years 1749, 1750, and
1751, they amount to Six Hundred Forty-Seven Thousand Three
Hundred Seventeen Pounds Eight Shillings and Nine Pence Ster-
ling, and our Numbers of People and Domestick Trade, and the
occasions for a Medium of Commerce, are equally encreased, there
cannot we think be any doubt but the British Merchants will now
likewise be of opinion that the small addition we at present pro-
pose is absolutely necessary, tho' they may not think it so suitable
to our Circumstances as a larger Sum. One Hundred Thousand
Pounds of Paper Currency bearing by no means the same Propor-

614 MINUTES OF THE

tion to our Trade now as Eighty Thousand Pounds did then. And
it is certain that as the Money circulating among us diminishes, so
must our Trade and Usefulness to Great Britain and our Consump-
tion of its Manufactures diminish.

u Upon the whole, we entreat the Governor to consider the dis-
tressing Circumstances under which the Trade, and in Consequence
the whole Province, must languish if contrary to our Expectations
the Bill we now present him should not be enacted into a Law ; and
we are well assured that as the Governor has been pleased to declare
his sentiments of the many Advantages we derive from the use of
Paper Money, his transmitting it home in a true Light will make
our application to the Crown as effectual as it is seasonable.
" Signed by Order of the House.

"ISAAC NORMS, Speaker.

" 25th May, 1753."

Mr. James Galbraith, one of the Justices of Lancaster County,
Mr. John Harris who keeps the Ferry over Sasquehanna at Pex-
tang, Messieurs Michael Taafe and Bobert Calendar, Partners in
the Indian Trade, came to Town from Ohio and waited on the
Governor. Their Intelligence, which by his Honor's Order was put
down in writing by Bobert Calendar, is as follows, viz*- : " That on
the Seventh of this Instant, May, he was at Pine Creek, a Place
about twenty miles above the Log's Town, in company with Capf-
Trent, Mr. Croghan, and several other Traders ; they received a
Letter the same day from John Fraser, a Trader who lives at We-
ningo on the Ohio, about one hundred miles above the Log's Town;
it was directed to all or any of the Traders at Log's Town j he wrote
that he was inform' d by some of the Mingos that there were then
and had been since March last one hundred and fifty French and
Indians at a Carrying Place which leads from Niagara to the Heads
of the Ohio, building Canoes and making other Preparations for
the Beception of a large Body of French and Indians who were
expected there every Day with Eight Pieces of Brass Cannon and
a large Quantity of ammunition and Provisions. That on the
eighth of May they received a full Confirmation of the above ac-
count by Two Indians who were sent by the Council at Onondago
to give the Ohio Indians Notice of the Preparations the French
were making to attack them. When our Indians received this In-
telligence one of the Mingoes went to a French Trader at the Log's
Town and told him of it, and said that he had amused them with
fine stories this last Winter, as sweet as if his Tongue was sweetned
with Sugar j that if the French made any Attempt to attack them
or the English, he might depend he should be the first Man killed.

" Mr. Croghan and the other Traders upon this Intelligence thought
it adviseable to send for the Half King to inform him of it. He
arrived the same day and seemed much concerned at the News, he

PROVINCIAL COUNCIL. 615

said ho expected Monighotootha every day up the River, and that as
soon 41s he arrived they would call a Council and see what ought to
be done. .Monighotootha is deputed by the Six Nations to look
after the Shawonese.

" The twelfth of May John Harris arrived with the advices from
his Honor the Governor; Monighotootha arrived the same day, there
were Messengers immediately dispatched to the Log's Town, &ca " to
the Deiawares and Shawonese to invite them to Council, but they
being all drunk none of them came.

" Mr. Croghan delivered the string of Wampum that accompa-
nied Governor Clinton and Coll. Johnson's Letters to the Half
King and the other Indians present, and interpreted to them the
said Letters. After which Mr. Trent delivered four Strings of
Wampum in behalf of the Governor of Virginia, telling them that
he look'd upon the Ohio Lands to belong to them the Indians, and
that if the French attempted to settle them or to build any Forts,
the Virginians would supply them with Arms and Ammunition.
Mr. Croghan pressed the Indians to let us know whether they wou'd
oppose the French or not, or whether it was safe for the Traders to
continue among them.

" The Indians seemed all much concerned, and said it was an
affair of* great Consequence which they wou'd take some time to
consider ; accordingly they counselled all that night and next day
till about two o' the Clock in the afternoon, when the Half King, in
behalf of the Six Nations' Indians at Ohio, stood up and addressing
himself to the English, said they were greatly obliged to their Brother
Onas for his care in forwarding the News to them, which they had
Intelligence of before and now believed too true ; that if the French
came peaceably they would receive them as Friends, but that if they
came as Enemies they would treat them as such j that they hoped
their Brethren the English wou'd consider how they were circum-
stanced and send them a supply of arms and ammunition, which if
they did they did not doubt but that they wou'd be able to strike
the French ; that as to their Brethren the English Traders, any of
them that had any skins to carry into the Inhabitants or any Busi-
ness to do there might go, and that those who had goods might leave
their Serants with them under their care, and that they wou'd be
safe under their Protection while they were safe themselves. The
Sixteenth they receiv'd another Letter from JohnFraser, informing
them that some Frenchmen had come down the Ohio to Weningo
with a Parcel of Deer skins, which they said they brought with
them to swap for Furs; these French Men told the Indians that a
Body of French was coming there with a considerable Present for
them from the Governor of Canada, the Indians as well as Fraser
imagined that they were come as Spies to see what Situation they
were in.

"That when he came away the Shawonese and Delawares had not

616 MINUTES OF THE

delivered an answer to the Message sent by the Mingoes, as they
were not all got quite sober, hut several of their chief Men declared
they wou'd agree to what the Half King had said."

Captain Trent wrote a Letter to the Governor by them of the
same Import, which the Governor sent to the Assembly with a Ver-
bal Message by the Secretary, informing them that these several
Persons were in Town and would wait on the House whenever they
pleased to order their attendance.

The Governor and Council having no reason to alter their former
Opinion express'd in the Minutes of the twenty sixth of January,
concerning the great risque of making more Paper Money, and not
knowing but more encouraging accounts might arrive from England
before the August Sessions, the Governor returned the following
verbal Message to the Assembly by his Secretary :

A Verbal Message from the Governor to the Assembly.

" That as the Governor presumes the Assembly, agreeable to the
usual Custom, will meet again in the month of August, now near
approaching to finish the Business of the Year, he chooses for that
and some other Reasons to keep the Paper Money Bill lately pre-
sented him by the House under consideration till that time."

MEMORANDUM.

The Thirty-First Day of May the following Message was deliv-
by two Members to the Governor :

A Message to the Governor from the Assembly.

" May it please the Governor : •

" We have on all Occasions acknowledged our grateful Senti-
ments of the Governor's Regard and Justice towards the Indians
our Allies, and we now again return our hearty Thanks for his
continued Care, and for communicating the Intelligence he has
received concerning their present Distresses. In Pursuance of
which we have resumed the Consideration of the Letters laid
before the House, with the Message of the sixteenth of October last,
together with the Governor's late Messages and Papers sent down to
us before and since the Return of the Expresses dispatched to Ohio.
We have also carefully examined the Messenger himself and such
Indian Traders and others who could give Us any Information of
the Numbers and Designs of the Forces raised by the Governor of
Canada, and of the Condition of the Twightwees as well as the
other Indians our Allies upon the waters of Ohio, and upon mature
Deliberation have resolved to contribute generously to their Assist-
ance by a Present suitable to their want of the Necessaries of Life.

" Tho' the Alliance between the Crown of Great Britain and the
Six Nations, and the Protection and Assistance they expect to
receive in Vertue of that Alliance, is more immediately under the

PROVINCIAL COUNCIL. 617

Direction of the G-overnment of New York, and altho' Virginia at
this time has entered largely into the Trade, and will no doubt on
the present Occasion assist them and their Allies, yet we have
always endeavoured, in Proportion to our abilities, by Presents as
well as by obliging our Indian Traders to behave with Justice
towards them, to preserve their Friendship; and on the present
Occasion notwithstanding we have the Misfortune to differ in Senti-
ments with our Proprietaries in the Part they ought to bear in
these Expences, we have rather considered the Advantages both
They and the Province may receive by our Liberality, which we
have voted chearfully, and recommended the Distribution to the
Care of the Governor, that the Six Nations at Onondago (upon any
applications to be made to him in their own Behalf or for their
Allies who reside to the Westward, and are likely to be more im-
mediately affected) may be satisfied, and the Present intended them
best answer their necessities and our peaceable and friendly Inten-
tions.

u Signed by Order of the House.

" ISAAC NORMS, Speaker.
"31st May, 1753."

And at the same time a Paper containing the following Resolves
of the House :

u That the Sum of Two Hundred Pounds be now allowed as a
Present of Condolance to the Twightwee Nation on the melancholy
Occasion mentioned in the Governor's Message of the sixteenth of
October last."

u That the sum of six Hundred Pounds be now also allowed as a
Present to the other Indians Nations in our Alliance, or such Part
thereof as the Governor may think necessary."

" That the above Sums be made payable to the Governor by the
Trustees of the General Loan office, to be laid out by him and dis-
tributed in such a manner as he shall think most suitable to their
present Exigencies."

And at the same time, another Message requesting his Honour to
grant a Commission to Samuel Kirke to be Serjeant-at-Arms.

A Message to the Governor from the Assembly.
li May it please the Governor :

"The Representatives of the Province of Pennsylvania in As-
sembly met, request the Governor would be pleased to grant a
Commission to Samuel Kirk to be Serjeant-at-Arms and King's
Messenger, at all times to attend the service of this House, with
Power to execute all Precepts, Warrants, and Messages whatsoever;

618 MINUTES OF THE

which shall be issued by their order, as has been formerly the usage
within this Province.

" Signed by order of the House.

" ISAAC NORMS, Speaker.
" 31st May, 1753."

After the Delivery whereof the Two Members presented the
Governor with an Order on the Treasurer for Five Hundred Pounds
in Part of his Support, and acquainted him that the House enclineq^
to adjourn to the 27th of August. The Governor thanked the As-
sembly for the Order on the Treasurer, said he would take the Mes-
sages and Resolves of the House into Consideration, and do therein
what he should find necessary, and that he had no Objection to the
Time of Adjournment.

At a Council held at Philadelphia, Tuesday, the Seventh of Au-
gust, 1753.

present:

The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov-
ernor.

John Penn, Robert Strettell, ") ™ .

Joseph Turner, Richard Peters, j "

The Minutes of the preceding Council were read and approved.

The Governor having received from the Council Office by Cap1'
Garrison, lately arrived at New York, his Majestic' s Ratification of
Several Laws, the same was read and ordered to be entered :

" At the Court at St. James/ the 10th Day of May, 1753.

"[l. s.] "present :

"The King's most Excellent Majesty.

" Lord President, " Lord Anson,

" Lord Chamberlain, " Mr. Comptroller,

" Duke of Dorset, " Mr. Vice Chamberlain,

" Earl of Cholmondeley, " Horatio Walpole, Esqr.

" Earl of Halifax, " Sir John Rushout,

" Earl of Fitzwalter, " George Dodington, Esq.

u Earl of Buckinghamshire, " Sir John Ligonier,

" Lord Delawarr, " Henry Legge, Esq.

" Lord Berkeley, of Stratton, " Sir Thomas Robinson,

" Lord Bathurst, " Sir George Lee.

" Whereas, in Pursuance of the Powers granted to the Proprieta-
ries of the Province of Pennsylvania by Letters Patent under the
Great Seal, the Deputy Governor, Council, and Assembly of the said

PROVINCIAL COUNCIL. 619

Province did in the Years, 1750, 1751, and 1752 pass Twelve Acts,
which have been transmitted, and are entituled as follow, viz'* :

" c An Act for explaining and ascertaining the Boundary Line
between the Counties of York and Cumberland, in the Province of
Pennsylvania, Passed the 9th of February, 1750/

" i An Act for the more effectual preventing Accidents which
may happen by Fire, and for suppressing Idleness, Drunkenness,
and Debauchery, Passed the 9th of February, 1750/

u ' An Act for the better regulating the Nightly Watch within
the City of Philadelphia, and for enlightning the Streets, Lanes,
and Alleys of the said City, and for raising of Money on the In-
habitants of the said City for defraying the Necessary Expenses
thereof, Passed the 9th February, 1750/

" 'An Act to encourage the establishing of an Hospital for the
Relief of the Sick Poor of this Province, and for the Reception
and cure of Lunaticks, Passed the 11th of May, 1751/

" c An Act for erecting Part of the Counties of Philadelphia,
Chester, and Lancaster, into a Separate County, passed the 11th of
March, 1752/

" ' An Act for erecting the North-West Part of Bucks into a sepa-
rate County, Passed 11th of March, 1752/

" l An Act to regulate the Assize of Bread, Passed the 11th of
March, 1752/

" i An Act to prevent Disputes about the Dates of Conveyances
and other Instruments and Writings, Passed the 11th of March,
1752/

" ' An Act for directing the Choice of Inspectors in the Counties
of Chester, Lancaster, York, Cumberland, Berks, and Northamp-
ton, Passed the 11th of March, 1752/

il c An Act for preventing Bribery and Corruption in the Election
of Sheriffs and Coroners within this Province, Passed the 11th of
March, 1752/

"'An Act for Regulating and Establishing Fees, Passed the
22d of August, 1752/

" i An Act for regulating Attachments not exceeding Five Pounds,
Passed the 22d August, 1752/

"His Majesty this Day took the said Acts into Consideration,
and having received the Opinion of the Lords Commissioners for
Trade and Plantations, and also of a Committee of the Lords of his
Majestie's most Honourable Privy Council thereupon, is hereby
pleased to declare his Approbation of the said Acts, And pursuant
to his Majestie's Royal Pleasure thereupon expressed, the said Acts
are hereby confirmed, finally enacted, and ratified accordingly,
Whereof the Deputy Governor, Council, and Assembly of the said

620 MINUTES OF THE

Province, and all Others whom it may concern, are to take Notice
and govern themselves accordingly.

"WM. SHARPE."

A Petition of Philip Nery, Commander of a French Schooner
called Nostra Seignora de Rozario, Saint Anna, and Saint Antonio,
of the Island of Madeira, put in here as is said by Distress, was
read in these Words :

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor of the Province of Pennsylvania, and Counties of New
Castle, Kent, and Sussex, upon Delaware :

u The Petition of Captain Philip Nery, Commander of the Schooner
called the Nostra Seignora de Rozario, Saint Anna, and Saint
Antonio, of the Island of Madeira, humbly sheivs, —
" That the said Vessel being laden with Nicaragua Wood, Cop-
per, and Cordage, at the Island of Curasoa, Your Petitioner sailed
with her from thence on the seventh of June last bound for Madeira,
she being then almost new and in good Condition, as your Petitioner
then apprehended, But on the sixteenth of June aforesaid the said
Schooner being off of Cape Tiberon and beating up to Windward
with a pretty hard Gale, she strained and laboured so much, and
having, as your Petitioner afterwards discovered, suffered greatly by
the Worms eating her Bottom whilst she lay at Curasoa, she grew
so leaky that though your Petitioner and his Crew kept the Pumps
constantly going, yet they cou'd scarce keep her free and were
obliged to bear away for Jamaica, Where arriving on the first of
July, your Petitioner applied to the Governor for Liberty to repair
the said Vessel, but his Excellency advised your Petitioner (as
Jamaica was so expensive a Place) to take in more Hands to Assist
in pumping, and make the best of his way for some cheaper Place
to refit on the North Continent of America.

" That accordingly your Petitioner did there ship Five English
Hands, and on the ninth of July departed from Jamaica intending
for New York, but on the third Instant being gpt off of tho Capes
of Delaware and finding the said Vessel grow so leaky that tho' your
Petitioner had one Pump going constantly, and for the most part
two, yet it was with the greatest Difficulty that they could keep
her from sinking ; and for the Preservation of their Lives and the
Safety of the said Vessel and her Cargo they concluded to put into
the Bay of Delaware, and arrived at Philadelphia Yesterday.

" Your Petitioner therefore humbly prays your Honour to ap-
point some fit Persons to make a Survey of the said Vessel, and an
Estimate of the Charge of Repairing, putting in a New Bottom (if
necessary), and making her fit for the Sea, and to perform her
original intended Voyage for Madeira ; and that your Honour will
be pleased to permit your Petitioner to land and Store the said

PROVINCIAL COUNCIL. 621

Vessel's Cargo whilst she is repairing, and to sell so much thereof
as shall be sufficient for raising Moneys to defray your Petitioner's
necessary Expences of such Repairs, and for the Support of his
Sailors and paying the wages of the said Five extraordinary Hands
shipp'd at Jamaica.

" And your Petitioner will pray, &ca-

"CAPITAINE PHILIPPE NERI."

The Captain was called into Council, and after full Examination
a Warrant under the Lesser Seal was directed to Mr. Joseph Rich-
ardson and others to examine the Condition of the said Schooner
and report the same to the Governor and Council :

[L. s.] "By the Honourable JAMES HAMILTON, Esquire,
Lieutenant Governor and Commander-in-Chief of the
Province of Pennsylania, and Counties of Newcastle,
Kent, and Sussex, upon Delaware.

44 To Joseph Richardson and John Meas, Merchants, Thomas
Glenthivortli, Mariner, and Thomas Penrose, Ship Carpenter:

l( Whereas, by a Petition presented to me by Philip Nery, Com-
mander of the schooner called the Nostra Seignora de Rozario,
Saint Anna, and Saint Antonio, of the Island of Madeira, it hath
been represented that the said Schooner in her Voyage from the
Island of Curasoa to Madeira, on or about the third Day of August
Instant, grew so leaky that it was with the greatest Difficulty she
could be kept from Sinking, and was thereby disabled to proceed on
her intended Voyage, and obliged to put into this Port in order to
refit. These are to request and authorize You the said Joseph
Richardson, John Meas, Thomas Glentworth, and Thomas Penrose,
or any Three of You, to examine and survey the said Schooner
and report to me her Condition, that it may be further considered
what Orders to give relating thereto.
" Given under my Hand and the Lesser Seal of the said Province,

at Philadelphia the seventh Day of August, 1753.

"JAMES HAMILTON."

The Warrant was returned to the Governor with the following
Report endorsed thereon :

" We, the Subscribers, have examined the within named Schooner,
and find her Bottom very much Worm Eaten, and it appears she
make a great deal of Water, and not fit to proceed on her voyage
till discharged and her Bottom repaired.

"JOS. RICHARDSON,
"JOHN MEAS,
" THO. GLENTWORTH,
"THOs- PENROSE.
"Philadelphia, August 8th, 1753,"

622 MINUTES OF THE

Whereupon the Governor under the Endorsement gave the fol-
lowing Permission :

" I being satisfied of the Truth of the Alligations in the Petition
of the within mentioned Cap'- Nery, do permit him to get his Ves-
sel repaired in this Port as soon as conveniently may be, and in the
mean time to land his Cargo into the King's Store under the Care
of the Collector of his Majestie's Customs, until the same shall be
re-shipped, save so much thereof as, upon the accounts of the said
Capt. Nery's necessary charges of such Repairs, &ca" being laid
before me, I shall order to be sold for defraying such Charges.

"JAMES HAMILTON.
" Philadelphia, 9th August, 1753."

Letters and Papers relating to Indian Affairs since the last Sitting
of the Assembly.

A great Number of Battoes full of Soldiers passing by Oswego,
the Officers of that Fort sent an account thereof to Coll Johnston,
which he forwarded to Governor Clinton, who was so kind as to en-
close the Intelligence to the Governor, and after reading the Offi-
cers Letters they were ordered to be entered, and Copies thereof
immediately to be made and sent to Mr. Croghan at Ohio :

" Oswego, May 15th 1753.
"S'-:

" I beg leave to inform your Excellency that Yesterday pass'd
this Place Thirty odd French Canoes, Part of an Army consisting
of six Thousand French besides 500 Indians, commanded by Mon-
sieur Morrin, designed for the River Ohio or Belle Reviere, which
from what We can learn from a French Man who stopp'd here, as
well as sundry accounts from the Indians, are to settle the Limits
between us and them at Ohio, and that they lay claim to all the
Lands descending or terminating in the great Lake, and that in case,
of opposition they are to support their claim by Force of Arms, and
are to cause all the English, whether Traders or others, to quit those
Parts; That the Commandant is invested with Power to build Forts
and garrison them in such Places and in such manner as he judges
most proper to secure their claim.

" Our Five Nations seem very uneasy and much exasperated at
this unexpected Expedition of the French, and say they never will
consent the French shall settle or build Forts at Ohio, as 'tis their
Right and which they will never give over.

"Every thing in this Garrison is well, and as nothing further oc-
curs beg leave to subscribe myself with all due Deference, S,
"Your Excellency's most dutiful humble Servant,

"HITCHEN HOLLAND."

PROVINCIAL COUNCIL. 623

Copy of a Letter from Lieutenant Holland, Commanding Officer
at Oswego, to Governor Clinton.

"Oswego, May 15th 1753.

" Yesterday pass'd by here Thirty odd French Canoes, Part of an
Army going to Belle Riviere to make good their claim there, and by
a French Man who pass'd this also yesterday in his way to Cajocha
give me the following account, which he said he learned from common
Report in Canada, Viz'- : That the Army consisted of Six Thousand
French commanded by Monsieur Marin, who is ordered to Ohio to
settle the Limits between us and them; that they lay claim on all
the Lands on any of the Rivers or Creeks descending or terminating
in the great Lake j that if he meet with any opposition he is to make
good his claim by Force of Arms, and to build Forts in such Places
as he shall think most convenient to secure their Right; that one
Fort is to be built at Kasanosiayogo (a carrying Place) and another
at Diontaroga; they are also to oblige all the English they meet with,
whether Traders or others, to evacuate the Place, as they look upon
all we possess now as their undoubted Right, which they mean to
support by Force of Arms ; that this Expedition is agreeable to or-
ders received from the Grand Monarque late in the Winter ■ that he
particularly orders them that they molest not this Post at any rate,
in Consideration of Cape Breton, but any other Post the Eng-
lish shall presume to approach or settle near where they claim they
are to reduce, if not quitted immediately after warning given ) That
they expected a Declaration of War by the first vessels from France,
which were not yet arrived, and was surprised when I told him we
had as yet no Intelligence or Probability of a War. He also told
me there were about 500 Indians of the Coghnawagas, Scenondidies,
Onogonguas, Oroondoks, and Chenundies, who would not engage to
go to War with the English, &ca-' on Ohio, but are employed at so
much per Month to hunt for the Army. Our Five Nations are very
uneasy, and many who were the first and principal Settlers at Swe-
gatsey are running to their respective Villages and seem to have
much the spirit of Resentment in them that the French shou'd offer
to take Possession or settle and build Forts at Ohio without their
consents as they look upon it as their Property, and many of them
are now eager to take up the Hatchet, and if they were a little spirit-
ed and assisted by us would soon, with the assistance of their Allies,
frustrate the 'scheme of the French Politicians in their intended
Settlements, which if we tamely suffer we may bid adieu to all the
Indians on the Continent, as they will be the Masters of them all,
and the consequence will be a continual annoyance and Encroach-
ment on our Frontiers, as there is no doubt but they will extend their
Dominions in America as far as possible, and now seems the very
crisis of time to gain the Indians or forever loose them. If I hear

624 MINUTES OF THE

any thing further concerning this Army, shall not fail to communi-
cate it to you at all opportunities.

"B. S.
" New York."

" The preceding is a true copy of a paper mentioned in a Letter
from Coll. Johnson to Governor Clinton (in which it was sent en-
closed), to be a Copy of a Letter from Captain Benjamin Stoddard
to Coll. Johnson.

" Examined by

" G. BANYAR, D. Sec'ry.

"Further Intelligence was sent by Governor Clinton, in his Letter
of the eighteenth of June, Viz*-: Two Letters to Col. Johnston, one
from Walter Butler at Fort William, and the Other from Arent
Stephens at Schenectady, which are ordered to be entered :

"Fort William, June 12, 1753.

" Sr- :

" These with my humble Respects to you are to inform you that
the Indians of this Castle have this Afternoon met in the Fort, and
having received a Belt of Wampum have informed me of the affair
as follows : Two Days ago News came from Onondago where they
have received this News, with the Belt of Wampum from the
French, in this Form :
" Children —

" I am now going by Oswego, and would not have you be any
ways disturbed at it, as We are all French without any Indians and
would have you be still, as we have no Design against any Indians.
My design is to Ohio, and that to warn the English off from my
Ground. We are so favourable to them, in civil Terms warning to
remove three times off from my Ground, the which if they do not,
We shall drive them by Force of Arms j they likewise informed Us
that they understood the English intended to hold fast and keep
Footing where they were, and he said they liked it very well, and
was glad to hear that Proposal of the English Inhabitants, as the
French was able to cut them in Pieces ; this being directly drawn
up, I thought proper to send it with Dispatch that you might take
your own Sentiments upon it.

" I am, Sir, your most humble Servant,

"WALTER BUTLER."

" Schenectady, 13th June, 1753.
" Sr :

" This Day I received from the Five Nations of Indians a Belt
of Wampum with a Message that I should forward it to your Ex-

PROVINCIAL COUNCIL. 625

cellency and Col. Johnson, which I here do with all imaginable
Duty. The Wampum the French made a Speech with to the Five
Nations at Onondago, which was to assure them that the French
Governor had no Design to hurt his Children the Five Nations, hut
that his Army was going to take Possession of their Lands at Ohio,
and hoped that the English would not dispute with them but leave
the Land on their arrival there, otherwise they would take it by
Force of Arms ; the Five Nations begs to assure your Excellency
that they have so great a Regard for the English that they send to
your Excellency the same Belt which they received from the French
that you may see they act with the greatest Truth, but desire your
Excellency will return them the Belt again.

" The first Castle of Mohawk Indians are much displeased with
the Conojohany Indians for going to New York before they knew
whether it would be agreeable to your Excellency, for which reason
' they have not accompanied thither.
" I am, with the utmost Respect, Sir,

" Your Excellency's most obedient humble Servant,

"ARENT STEVENS."

Two Letters from Governor Clinton of the twenty-fourth June
and the seventh July were read and ordered to be entered :

" Flushing, on Long Island, 24th June, 1753.
"Sr-:

"I am just come up from New York, where I went to meet
Hendrick the Sachim, and several other Indians of the first Mo-
hawk Castle, who were full of Complaints and behaved in so inso-
lent a manner, telling me (before the Council and several of the
Assembly) that the chain was broke, and parted from me with seve-
ral impudent Menaces, that I do not know if the French have not
been tampering with our Six Nations. I have laid before the
Assembly all that passed at the meeting, and advised to send up
thro' all the Six Nations Two Men of some Influence with them in
company with the Interpreter, and to give them all a general Invi-
tation to an Interview at Albany, in order to prevent any Mischiefs
that Fellow and the Rest of that Castle might occasion by his
insolent Threatnings. I have as yet not heard of any that they
have done, but much suspect the consequence of his Resentment.

" I am, with very great Sincerity,

" Your Honour's most obedient very humble Servant,

"G. CLINTON.

" Govr. Hamilton."

"Sr

" In your Letter of 22d Juue I observe that your Assembly have
vol. v. — 40.

626 MINUTES OF THE

voted a Sum to be distributed by your Honour to the Indians, but
as no Application had been yet made to you by either the Six Na-
tions or Those at Ohio for your Assistance, you think it best to
defer it until you are informed by Them and the Council at Onon-
dago what Species would be most acceptable to them.

" Upon the late Disturbances of the Indians here, the Council
and Assembly have both joined in a Committee to recommend Col.
Johnson to undertake the bringing them into Temper again, as he
in their opinion was the only Person that could possibly bring it
about by his Influence with them, and I have accordingly commis-
sioned him for that Service. He intends to set out for Onondago
some time next Month to call a Council of all the Six Nations at
Onondago, therefore I take this Opportunity to inform you of it,
that any application you may make to the Indians on those pro-
posed Presents may not interfere or obstruct the said Meeting at
Onondago.

" I am with great Truth,

" Your Honour's most obedient very humble Servant,

"€r. CLINTON.
" GovR. Hamilton.

" Flushing, on Long Island, 7th July, 1753"

Some of our Indian Traders were taken Prisoners by a Party of
Cognawago or Praying French Indians as they were trading with
the Cuttawas, one hundred Miles from the Lower Shawonese Town
on Ohio, and Stripp'd and plundered of their Goods and Skins and
carried Prisoners to Montreal, from whence they sent a Letter to
Mr. Saunders, Mayor of Albany, and he enclosed it to the Gov-
ernor, which were both read and ordered to be entered :

" Albany, June 21st, 1753.
" May it please your Excellency :

" I have yesterday received a Letter from Mess1"3- Alexander
McGinty, Jabez and Jacob Evans, David Hendricks, William
Powell, and Thomas Hyd, now Prisoners in Canada, whereof the
Enclosed is a Copie, which I think my Duty to send to you as soon
as possible, interim I will write and send them a Letter and ac-
quaint them therein of my Proceedings, hope and doubt not but
that you will with all Speed cause therein to be done what their
case requires, and desire that you order the enclosed be delivered to
Superscription. I receiv'd it under my cover and supose it to be
from them or some one of them.

"lam with profound Respect,
" Your Excellency's

" Most humble and obedient Servant,

"ROBT. SANDERS.
" To Governor Hamilton."

PROVINCIAL COUNCIL. 627

" Montreal, June 9th, 1753.
" Loving and unacquainted Friends :

" These come to let you know that There are Six English Men of
Us here in this Place that are taken Prisoners by the French In-
dians. We were taken from off the South Side of Allegheny River,
about one hundred Miles, on the twenty-sixth of last January, and
the Indians brought Four of Us along to this Place, and Two of Us
they sold to a French Captain on the Road as We came ; and when
We came here to this Place the Indians thought to have sold Us to
the French General, but he would not buy Us nor release Us from
the Savages, so we live, Us Four, with the Savages still, but we do
not know how long, for our Lives are in danger daily of being
taken by them, and now the other Two Lads are sent down here,
and them they have shut up in Prison, so We are all in a very
poor state and can hear of no Remedy or Relief for Us ; but we ex-
pect if this comes safe to your Hands you will be so compassionate
as to use the best Endeavours You can to work our Deliverance
from them, for our Lives seem bitter to Us whilst with them. We
therefore recommend ourselves unto you, Dear Friends, as real ob-
jects of your Compassion, trusting You will do for Us, for here
there is neither Mercy nor Pity to be shewn to us ; and if you can
do nothing for us, We beg of you send Word of our Condition to
the Governors of Boston, York, and Philadelphia. We are all of
Us from Lancaster County, in Pennsylvania, and were all Indian
Traders. We have no further to write, but we depend upon your
Goodness and live in the hopes that You will do for Us and remain
your real Well Wishers and Friends whilst We are,

"ALEXANDER McGINTY,
"JABEZ EVANS,
"JACOB EVANS,
"DAVID HENDRICKS,
"WILLIAM POWEL,
"THOMAS HYD.
" To Mr. Robert Sanders in Albany.

" P. S. — We understand a little by the Indians that they are a
little afraid of having offended you, the Gentlemen of Albany;
and we imagine if you would send Word to them by some of them-
selves to send us there to Albany, that they would be apt to do it
if they durst for the Governor. Be so good as to write two Lines to
me by some of the Indians, to let me know that you received my
Letter.

" I remain Your humble Servant,

"ALEXANDER McGINTY."

The Council thinking the Case of these poor men deserved Com-=

628 MINUTES OF THE

passion and Relief, the Governor wrote the following Answer to
Mr. Sanders:

Sir:

" Philadelphia, July 28th, 1753.

" I have received the Favour of your Letter of the twenty-first
of June last relating to the poor unfortunate Men, Alexander Mc-
Ginty and others (who have been wrongfully taken and detained
Prisoners in Canada), and am much obliged to you for your Care
in transmitting the Account to me.

" As I am very desirous of obtaining the Release of these poor
People, I have directed Mr. Weiser, our Province Interpreter, to
wait on you as he passes through Albany, and to concert with you
the proper Means of effecting it j and shall esteem myself obliged
to comply with any Agreement He shall enter into with you or
others upon that Head. I shall also take it as an additional Favour
if You will be pleased to give him your Advice and Assistance upon
the occasion, and am, Sir,

a Your most obedient Servant,

"JAMES HAMILTON.
" Robert Sanders, Esquire."

A Letter from the Governor of the sixth of May to Governor
Dinwiddie, and his Answer of the twenty-first, and the Governor's
Second Letter to him, were laid before the Board, read, approved,
and ordered to be entered :

"Philadelphia, 6th May, 1753.

" Sir :

" Happening to be from home when your Letter of the third of
October came to hand, I could not return you an Answer by the
Surveyor General, as I certainly should have done had I had the
Pleasure of seeing him. I concur with you in Opinion that the
Indian Traders are a very licentious People, and may have been
guilty of many bad Practices ) nor is it to be much wondered at
since, Altho' we have Laws in this Government directing them to
give .Bond with Security for their good Behaviour, yet they con-
stantly neglect to do it ) nor can the Grand Juries in those remote
Counties be prevailed on to find Bills of Indictment against them,
tho' the Facts be ever so clearly proved. As soon as I received
your Letter I forthwith applied myself to enquire after the Persons
concerned in the Facts mentioned in the affidavits therein enclosed,
but was informed they were gone to Allegheny, particularly Taffe
and Callendar, and I believe they are not yet returned j but as they
may be soon expected I have sent Copies of the Affidavits to the
Prothonotary of Cumberland County, where they reside, with Di-
rections to take their Examinations and send them to me, and they

PROVINCIAL COUNCIL. 629

shall be transmitted to you by the first Conveyance after I shall
have received them ; and I heartily offer you my Assistance to bring
them and all others, such Evil Doers, to Justice.

" Immediately on Reccit of the enclosed Letter from Governor
Clinton, on the Instant I dispatched Two Messengers to Ohio to
make known to our Traders and Indian Allies the Intelligence
therein contained ; One of them goes the Lower Way through your
Government, the Other by way of Juniata, by which Means the
account will be the sooner and more generally spread, and I am in
hopes they may arrive time enough to give the Traders an Oppor-
tunity of securing their Persons and Effects.

" I presume you must have received from Cap1, Trent an account
that Hostilities have been already begun by some Parties of the
Ottawa Indians at Allegheny, and that some of our Traders have-
been taken and murdered and others plundered of their Goods, and
that a large Body of French and their Indians was expected at
Ohio, with intent, as it is said, to take Possession of the Country
and effect the total Expulsion of the English; In which Case the
Indians in Our Alliance will no longer be able to maintain their In-
dependancy, but all must fall into the Hands of the French ; nor
can the Governments of Virginia, Maryland, and Pennsylvania, ex-
pect long to preserve Peace in the Parts bordering on these Indian
Countries. A Most unhappy Situation this Both for our Indian
Allies and his Majestie's Subjects, and a Proceeding in direct Viola-
tion of Treaties subsisting between the Crowns of England and
France, by which a mutual Bight to a free and open Trade is firmly
and clearly stipulated.

" Our Assembly being to sit on the twenty-first of this Month
will give me an opportunity of communicating this Intelligence to
them, and of expressing my own Sentiments of the Necessity of
giving our Allies some immediate Assistance, and I doubt not but
you will think something of the same kind ought to be done on the
Part of your Colony • in the mean time I think it Necessary as soon
as we are able to establish clear Facts with regard to these Proceed-
ings, that the same being duly proved and authenticated should be
transmitted to his Majestie's Ministers, in order to enable them to
form a true Judgment of the Conduct of the French, and of its
Consequences to the Independancy of the Six Nations, to the Right
of a free and open Trade, and to the safety of the Lives and Proper-
ties of his Majestie's Subjects residing in North America.

" I should be well pleased to know whether it be intended by
Your Colony to erect any kind of Fort on the Lands granted to the
Ohio Company, and my Reason for desiring this Information is that
I have received Directions from the Proprietors of Pennsylvania to
enter into any reasonable measures to assist You in any Design of
that Sort, only taking Your Acknowledgement that this Settlement
shall not prejudice their Right to that Country, and further that I

630 MINUTES OF THE

may assure the Settlers they shall enjoy the Lands they bona fide
settle on the common Quit Rent, and in all Things to endeavour to
maintain a friendly and open Correspondence with you, as being a
Gentlemen they have a great Regard for; And I the more readily
obey their Commands in these several Particulars as they are per-
fectly agreeable to my own Sentiments and inclinations. I am,
" Sir, Your very humble Servant,

"JAMES HAMILTON.
" Governor Dinwiddle."

"Williamsburg, Virginia, May 21st, 1753.
" Sir :

" Yours of the sixth Currant I duly received, and have no doubt
but you will do all in your Power in bringing to Justice any Per-
sons guilty of such vile actions as those I formerly sent you affida-
vits of. The Indian Traders in general appear to me to be a set of
abandoned Wretches ; the many Complaints I have had from our
own People and the Six Nations confirm me in this Opinion, and I
wish they were properly regulated, prevented carrying the Quantities
of Spirits among them, and that the Laws were properly put in
Execution by obliging each Trader to give in proper Security for
their behaviour.

" I thank you for the Copy of Mr. Johnson's Letter to Governor
Clinton and of his Letter to you, the Contents thereof is confirmed
by Mr. Montour who came here from the Six Nations ; they are
under great Fears and Apprehensions of the French Designs to settle
the Ohio. I have sometime ago heard of their Robberies and Mur-
ders, and if they are allowed a peaceable Settlement on the Ohio I
think the Consequences will be attended with the Ruin of our Trade
with the Indians, and also in Time will be Destruction to all our
Settlements on the Continent. The Indians of the Six Nations,
&•*•' last year at Log's Town gave up these Lands to this Colony,
with Liberty of settling a fixed Trade to supply them with neces-
saries and Leave to build Two Forts. I have wrote home on that
Head, but as yet have no answer.

"What Pretensions of Right the French have I know not, but
that of their Numbers they will make good a Settlement and build
Forts in Violation of the Treaties subsisting between us and France.
I call'd the Council to consult on this present Emergency, and we
thought it proper to send an Express to South Carolina to the Gov-
ernor, to endeavour to make Peace between the Creeks and Chero-
kees, and I shall send a Messenger to the Catawbas, Cherokees, and
other Indian Nations in Friendship with us, to put them on their
Guard. And we further think it would be absolutely necessary for

PROVINCIAL COUNCIL. 631

all the Colonies to join together in raising a proper Force to prevent
the French settling on the Lands of the Ohio; in such case we shall
be ready with our Quota, and I doubt not the Indians in Amity
with us will readily join, but this cannot be done immediately.

" Pray let me know your opinion thereon, and how your People
would relish such a Proposal. Do you think it proper that the Gov-
ernor of New York should send to the Governor of Canada to know
his Reasons, in the Time of Confirmed Peace with the French, of
his sending an Army into the English Government to take the
Lands granted to us by the Indians, and his People robbing and
murdering the English Subjects? The Emperor of the Cherokees,
his Empress, Son, and some of his Generals, were here last Fall,
they were properly entertained and dismissed with considerable Pre-
sents. I have now an Account that some of the Mohocks, commonly
called the Praying Indians, in the Interest of the French, met with
him on his Return to his Country, scalped the Emperor, carried the
Empress, Son, and Attendants Prisoners to Canada. Such cruelties
are intolerable, and surely cannot meet with the Approbation of the
Governor of Canada.

" I agree with you as soon as we can have the Facts properly
cleared up, that immediate Notice should be sent home to the Minis-
try; yet an application to the Governor of Canada previous thereto
I think absolutely necessary, if you think proper to write Governor
Clinton thereon. There is a misfortune attending our Trade with
the Indians which I have observed ever since Arrival, that the
Traders from each Colony are jealous of one another, and seem en-
tirely bent on the Support of their respective Colonie's Trade, with
invidious Reflections against others, and that to the Indians, with-
out considering themselves subjects to one and the same Prince;
this, I conceive, has been of very great Prejudice to the British In-
terest with the different Nations of Indians, and wish some Method
may be found out to restrain these People, and to keep the Trade in
a more uniform and regular Manner.

" I have often mentioned to the Ohio Company Your Proprie-
tors Inclinations to support their Settling the Lands granted them
by his Majesty, for which they seemed to be very well pleased, and
I shall be extremely glad to keep up an open and free Correspon-
dence with you. I shall long to hear the Result of your Assem-
bly on the present Situation of Affairs, and tho' many of your
People from Religious Principles are peaceably enclined, yet they
will not silently submit to the views they may have of their Pos-
terity being under a French Arbitrary Government ; and as the
greatest number of your People are Germans, no doubt on this oc-
casion they will with chearfulness exert themselves in defence of
their Settlements, &ca*

" I am extremely hurried and the Messenger waits for this Let-

632 MINUTES OF THE

ter, wherefore I hope you -will excuse any Blunders may be in it ;
and believe me to be with all imaginable Regard and Esteem,
" Sir, your most obedient humble servant,

" ROBT. DINWIDDIE.
" The Honourable James Hamilton, Esquire. "

" Philadelphia, 2d August, 1753.
"Sir:

" Ever since I received your Letter of the twenty -first of May
in answer to mine of the Sixth of that Month, I have waited with
Impatience for some Satisfactory account of Indian Affairs, but
have not been able to obtain any.

" But as it may be presumed that the Indians at Ohio, though
dissolute and irregular, will not act but by Directions from Onon-
dago, I have sent Mr. Weiser thither to learn how far that Council
have been made acquainted with or given Countenance to the Pro-
ceedings of the French, and what Directions they have thereupon
given to their People at Ohio, and, also, what Assistances they expect
from the English on this occasion ; for until these Things be fully
known it is impossible for me to judge what to do. Mr. Weiser
will have a fair opportunity of coming to the bottom of Matters
with the Six Nations, as I expect he will reach Onondago at the
time those Indians are assembled to treat with Col. Johnson in be-
half of the Governor of New York. On his Return I shall take a
Pleasure in imparting his News to you, and in giving you my Sen-
timents thereon ; for I repeat my assurances to you that I entertain
no Jealousies with respect to Virginia, but heartily wish to promote
your Success by any means in my Power.

The Governors of New York have heretofore attempted to bring
all the Colonies to act in a conjunct Body in Indian Affairs, but
without Success; owing, I presume to their mutual and injudicious
Jealousies of Each Other. Nor is this in my opinion likely ever
to be effected unless the Ministry at home can fall on some expedient
to compel it.

" The Principles, either real or pretended, of the Assembly of
this Province will not permit them to act on such a joint Scheme
as you mention, nor to do any thing of a Warlike Nature. Some-
time ago I moved to them at the Instance of our Proprietaries the
building a Strong Trading House somewhere near Ohio, and used
all the Arguments in my Power to perswadc them to it, but in vain )
tho' the Proprietaries offered Four Hundred Pounds towards the
Expence, and an Allowance of one Hundred Pounds per Annum
towards the charge of Supporting it. Now, indeed, on my laying
before them the several Accounts of the French Designs they have

PROVINCIAL COUNCIL. 633

voted Eight Hundred Pounds to be disposed of as I shall think
proper ; but I cannot allow myself to dispose of it till some appli-
cation be first made by the Indians for Assistance, and till I am well
assured of their real Friendship and hearty Good Will to the Eng-
lish.

" The common Interest does not only suffer for want of such
Union, but also, as you justly observe, from the want of proper
Regulations of the Indian Trade — a Matter worthy of the closest
attention and speediest Reformation, and what has been pressingly
recommended by me, tho' without Effect, to our Assembly.

" Whilst the Traders are Men of dissolute Lives, without Pru-
dence or abilities, and whilst the Indians are perpetually kept under
the Influence of strong Liquor, who of either sort can be trusted ?
And whilst the old way of doing Business by Deputations of
Indians waiting on the several Governments in Places assigned for
that Purpose is neglected and disregarded by the Indians (owing
perhaps to the officiousness or self Interest of Traders thrusting
themselves into the Carriage of Messages), what Intelligence can be
depended on ? How can the Behaviour or real Disposition of the
Indians be known ? or how can Presents be distributed so as to
answer any publick Purpose ?

" I could, therefore, wish it was recommended to the Indians at
Ohio to observe a greater Regularity in their publick Transactions,
and not to send Messages by private Hands but to send them by
Two or Three or more, as the Case may require, of their own Body,
with whom the several Governments may confer, and learn the true
State of their Affairs.

u I wish your advices may induce the Ministry to take into Con-
sideration the Pretensions of the French to the Lands on the Ohio
and its Branches, as well as to an exclusive Right of trade in all
the Coun treys to which the French King lays Claim. All that I
know of those Pretensions is from a Letter of Monsieur Lajonquiere,
Governor of Canada, to Governor Clinton on the following occasion :

" Mr. Clinton having received Information in 1751 of the French
building a Fort near the Falls of Niagara, and of their having
taken Prisoners some of the Inhabitants of Pennsylvania who were
trading with the Twightwees on the Miamis Riyer, as they inno-
cently thought they might in a time of confirmed Peace, sent a
Gentleman of New York with a Letter of Complaint to Monsieur
Lajonquiere, the French Governor, and in Return received an
Answer from him justifying both the one and the other; of these
Letters Mr. Clinton was kind enough to send me Copies, and as
from these you may be able to form some Judgment of the French
Pretensions, and likewise clearly see that it will answer no Purpose
to write again to the Governor of Canada, I have enclosed you
Copies of them.

634 MINUTES OF THE

"It may not be amiss further to acquaint you that Governor
Clinton sent Copies of these Letters to the Secretaries of State,
together with an account of some Leaden Plates taken by the
Indians from the French who accompanied Monsieur Celoron in
1749, whereon were engraven Inscriptions containing pompous
Claims in the Name of the French King to the Lands bordering on
the Ohio. Several of these Plates were buried near the Banks of
that River at proper distances by Celoron, who marched from its
Heads to the mouth of Ouaback, as well for that purpose as to warn
off the English, calling them Traitors and threatning to kill them
if he should thereafter find them in those Parts. And the said
Celoron likewise wrote me Two Letters, wherein he avows these
Proceedings, and acquaints me that he acted by the Command of
Monsieur De la Galissoniere, then Governor-in-Chief of Canada;
Copies of which Letters I sent to the Proprietaries to be laid before
the Ministry, but have never heard that much notice was taken of
them.

11 I heartily wish you Success in your endeavours to make Peace
among the Southern Indians, tho' I fear the Northern Indians will
not follow their Example ; for at all the Albany Treaties as well as
those held here, this has been constantly and earnestly recom-
mended to them, and though they are reduced almost every year to
the last extremity for want of Provisions owing to the Absences and
Deaths of their young Men, yet they cannot be prevailed upon to
give over these Rambles: whether it be owing to their insuperable
Thirst for this sort of Military Glory, or to the Artful Insinuations
of the French, with a view that they may all be destroyed in time,
I know not.

" I have received repeated Accounts that the French have built a
Fort at Boccalunce, a place near the head of Ohio, and about one
hundred and Twenty miles from Log's Town, and expect to hear of
their march to that Town, but with what Views or with what num-
bers I cannot learn for certain.

" At the Instance of Andrew Montour, who left this Place a few
days since, I send you the enclosod Pacquet with three Belts of
Wampum, by the Post ; and at the Request of Mr. Weiser, who
will be glad to serve your Government upon any occasion, I am to
desire you will please to send me a Copy of the Indian Deed ex-
ecuted at Lancaster, or an Extract of the descriptive Part of it, with
the marks and Names of all the signers, that he may know and be
enabled in case of need from that Conveyance to set the Indians
Right, in case they should have forgot or mistaken the Bounds of
their own Deed.

" I am, Sir, Your most obedient and most Humble Servant,

« JAMES HAMILTON.

" Governor Dinwiddie."

PROVINCIAL COUNCIL. 635

Thomas Burny was dispatched Express from Ohio to the Gover-
nor of Virginia, with a letter from the Half King, which Mr. Ship-
pen copied as Burny rode thro' this Province in his way to
Williamsburg, and sent it to the Governor and it was read as
follows :

" Our Good Brother the Governor of Virginia —

" We send you this by our Brother, Mr. Thomas Burny, to ac-
quaint you the we your Brethren, together with the Head Men of
the Six Nations, the Twightwees, Shawonese, and Delawares, were
coming down to pay you a visit, but were prevented by the Arrival
here of four Men, Two Mingoes and Two Delawares, who informed
Us that there were Three Hundred French Men and Ten Conne-
waugeroonas within Two Days' Journey of this Place, and we do
not know how soon they may come upon Us ; therefore our Request
to you is, that you would send out a number of your People, our
Brethren, to meet us at the Forks of Mohongialo, and see what is
the Reason of their coming, for we do not want the French to come
amongst Us at all, but very much want our good Brothers the
English to be with us, to whom our Hearts are good and shall ever
continue to be so.

11 From your Loving Brothers ******* The Half King,

"MONAKATOOTAH.
"Thomas Burny.

" Logstown, June 22d, 1753."

Then the Governor informed the Council that besides these Let-
ters and Intelligences Mr. Peters had sent him an Account from
Carlisle, where he was doing some business for the Proprietaries,
that he had seen Andrew Montour after his Return from Onondago,
who told him that the Six Nations (as well as he, Mr. Montour,
cou'd learn from the Indians, tho' there were but few at home whilst
he was at Odondago) were against both English and French building
Forts and setling Lands at Ohio, and desired they might both quit
that Country, and only send a few Traders with Goods sufficient to
supply the wants of their Hunters ; that they did not like the Vir-
ginians and Pennsylvanians making Treaties with these Indians,
whom they called Hunters, and young and giddy Men and Child-
ren j that they were their Fathers, and if the English wanted any
thing from these childish People they must first speak to their
Fathers. Mr. Montour said further, that he was going a Second
Time to Onondago on Behalf of the Government of Virginia, and
desired to know if any thing was to be carried from the Governor
of Pennsylvania. Mr. Peters, thinking this a favourable Oppor-
tunity, desired him to deliver the following Message to the Council :
Brethren of the Six Nations — aThe French have invaded your
Lands on the Ohio and are building Forts there. The Indians of

636 MINUTES OF THE

your Nations settled there, with the Delawares and Shawonese,
Twightwees and Owendats, are terrified and desire our assistance,
which we are willing to afford them but want first to know in what
Manner You will desire We shall give them Assistance, and what
You wou'd chuse We should do to prevent the Country and Them
from falling into the Hands of the French. Brethren, We desire
You will speak plainly and fully on this Head, not knowing what
to do till we hear from You."

The Governor said Mr. Peters further told him he could not de-
pend on any Accounts from Ohio, as there were none but Indian
Traders to apply to for Information, who were too partial, ignorant,
and too much concerned for their own Interest, to give true or in-
telligent Accounts. That he believed the Traders discouraged the
Indians from coming to Philadelphia, else they would have come,
being often invited.

The Governor added, that he thought the Message sent by Mr.
Peters of too much Importance to be committed to Mr. Montour
only; and, therefore, not knowing what was best to be done, he had
sent for Mr. Weiser, and after conferring with him had sent him
Express to Onondago with the following Instructions, Viz. :

u To enquire among the Six Nations whether the Report that
We had from Ohio, to wit, that the French were building Forts
there, was true, and whether They the French had Leave from the

Six Nations ?

" Whether the Six Nations are in Fear of being hurt by the
French if they don't comply with their desires ?

"Whether it be true that the Six Nations in earnest require that
the English Traders shall be removed from Ohio ?

" And upon the whole, how they the Six Nations stand at pre-
sent as to the chain of Friendship between them and the English ?

"And to Assure Them that the Government of Pennsylvania
will do all that can be in reason expected as to furnish Cloathing,
and so forth, if the French should attack them the Six Nations.

"Whether, in Case the Proceedings of the French be disagree-
able to the Six Nations, They intend to oppose them, and in what
Manner? And whether they expect any Assistance from this
Government, and of what Sort V

Two Days after Mr. Weiser was gone Mr. Montour came to
Town from Onondago, and delivered to the Governor the fol-
lowing Answer to the Message delivered to him at Carlisle by Mr.
Peters :

"A Message delivered the Thirty-First Day of July, 1753, to the

PROVINCIAL COUNCIL. 637

Governor of Pennsylvania by Andrew Montour from the Indians at
Onondago :

"present:
" Cashwahutyonah, of Onondago.
" Saghwareesa, of the same.
a Cayangwarego, of the same.
u Tahtahqueesa, Oneido.
" Saghwareesa, Tuscorara.

" ' Brother Unas :

" ( Andrew Montour delivered Us a Message purporting that you
would glad to know what kind of Assistance we desired you should
give to our Indians at Ohio, in case they should be attacked by the
French. Hear our answer, which is the same that we have given
to Assaraqoah :

" 'We thank you for the Notice you are pleased to take of those
Young Men, and for your kind intentions towards them. They
stand in need of your Advice, for they are a great way from Us,
We, on behalf of all the Indians, our Men, Women, Children,
entreat you will give them good advice. It is an hunting country
they live in, and we would have it reserved for this use only, and
desire that no Settlements may be made there, tho' you may trade
there as much as you please, and so may the French. We love the
English and we love the French, and as you are at Peace with one
another do not disturb one another; if you fall out make up your
Matters among Yourselves. You must ask the French what they
intend to do, and endeavour to preserve Peace. We would not have
you quarrel, but trade with us peaceably, one as well as another,
but make no Settlements. If our Indians shou'd be struck it will
be very kind to help them; it is better to help them than Us, for
we are near New York and can be supplied easily from thence.
Col. Johnson, the Agent of that Government, has assured Us We
may always have what we want there; We expect him amongst Us
soon, and can ask then for any thing for ourselves, but our young
Men at Ohio must have their Supply from You. We, therefore,
heartily thank you for your Regards to Us and our Hunters at Ohio,
which we testify by

"'A String of Wampum.' ;;

638 MINUTES OF THE

At a Council held at Philadelphia, Wednesday, the 25th August,

present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Robert Strettell, ~) ^

Joseph Turner, Richard Peters, j ^

The Minutes of the preceding Council were read and approved.

The Governor received a Message from the Assembly by Two
Members, that the House was met according to adjournment, and
ready to receive what He had to lay before them.

The Bill for striking Twenty Thousand Pounds to be made Cur-
rent and emitted on Loan, and for re-emitting and continuing the
Currency of the Bills of Credit of this Province, was read Paragraph
by Paragraph, and a few Amendments of no consequence made to it.

Then the Lords Justices' additional Instruction to Governor
Thomas of the twenty-first of August, 1740, was read, and the fol-
lowing clause in consequence thereof was thought proper to be added
to the Bill as an amendment :

" Provided always, and it is hereby further Enacted by the Au-
thority aforesaid, that this Act or any Thing therein contained shall
not take Effect, or be deemed, construed, or taken to have any Force
or Effect until the same shall have received the Royal Approbation
of his Majesty, His Heirs, or Successors."

And then the Bill was returned to the House with the following
Message :

A Message from the Governor to the Assembly.
" Gentlemen :

" In answer to your Message of the Twenty-fifth of May last, I
now send you down the Bill entituled ' An Act for striking the Sum
of Twenty Thousand Pounds to be made Curren t and emitted on Loan,
and for re-emitting and continuing the Currency of the Bills of
Credit of this Province/ with some few amendments, to which I
presume You can have no objection.

UJ cannot, however, but acquaint you that in giving my assent
to this Bill I have acted rather in compliance to your repeated Ap-
plications than that in my own Judgement I could think an Addi-
tion to our Currency at this Time absolutely necessary. I am in
Hopes, nevertheless, that as the sum to be emitted is not exorbitant,
it may be attended with no bad Consequences to the Province.

" JAMES HAMILTON.

"Philadelphia, August 29th, 1753."

PROVINCIAL COUNCIL. 689

The Sundry Letters and Papers entered in the last minute of
Council relating to Indian Affairs were read, and the following
Message sent to the House :

A Message from the Governor to the Assembly.
" Gentlemen :

" Since your Recess I have waited in almost daily Expectation of
receiving such circumstantial Accounts of Indian Affairs, either by
immediate application from themselves or by Information of the
most intelligent among the Traders, as that in disposing of the
money voted for Indian Services, I might best consult the Interest
of the Province and fulfil the Intention of the Trust reposed in
me.

" I am now to acquaint you that no Application hath been yet
made to me for any Purpose whatever, either by the Indians at
Onondago or Those at Ohio; nor have I received such well-grounded
advices of their Wants or Distresses of any kind as to induce me to
make use of the Credit you invested me with at Your last Sessions.
But that I may be perfectly satisfied of the Minds of the Six Na-
tions and of the true Situation of their Affairs, I dispatched Mr.
Weiser the latter End of the last Month to the Onondago Country
for Intelligence upon all such Points as may be necessary for me to
know, intending to take my measures from the Advices he shall
bring from thence.

"The Sum appropriated for a Present of Condolence to the
Twightwees should have been long since laid out in Goods suitable
to the Occasion and sent them ; but it having been represented by
all who came from the Westward that the French were on their
March to Ohio, and had dispatched before them several Parties of
their Indians, I thought the sending them under these Circumstances
would be attended with too great a Risque of their falling into the
Enemies Hands together with the Persons employed in transporting
them through so large an extent of Country, being well assured
that unless the Present be delivered to them in one of their own
Towns it will be liable to great Embezzlement, as well as fall short
of its intended Effect. When these difficulties are removed the
Present shall be forthwith transmitted to them.

"JAMES HAMILTON.
" Philadelphia, August 29, 1753/'

MEMORANDUM.

The Governor received from Governor Clinton the following Let-
ters and Intelligence :

" Flushing, 26th August, 1753.
"Sr-:

"Being from home the second Instant when Mr. Weiser sent me

640 MINUTES OF THE

your Favour of the 28th July last; with one from himself excusing
him from not coming Personally on Account of being very SI, Or
my Return (the Messenger not staying for my Answer) I imme
diately sent orders to detain him till the Tuesday following t<.
appear at the Council Board that Day. But to my great Surpriz<
when I came to Town j I heard that he had set out for Albany the
Saturday before, upon which I asked the opinion of the Council,
the Result of which I beg leave to refer you to the enclosed Copies.
u I should have answered your Letter sooner, but have not only
been vastly hurried in Business, but have been very ill, and still
continue to be greatly indisposed. I am, with very great Truth,

" Your Honour's most obedient and very humble Servant,

"G. CLINTON.
"26th August, 1753.

" The enclosed is a Copy of a Letter I received from the Com-
manding Officer at Oswego last night.
" Govr- HAMILTON.''

"At a Council held at Fort George in the City of New York the
eighth Day of August, 1753.

" present :

" His Excellency the Honourable GEORGE CLINTON, CapN

General, &ca-

" Mr. Alexander, " Mr. Holland,

" Mr. Kennedy, " Mr. Cambers,

" Mr. Murray, " Mr. Smith.

" His Excellency communicated to the Board a Letter from Gover-
nor Hamilton of the 28th ultimo, acquainting his Excellency that
as no Deputation hath been sent to him either from Ononclago or
Ohio (which he had some reason to expect), and not knowing the
minds of the Six Nations with respect to the Proceedings of the
French in Relation to the Western Indians, he thinks it absolutely
necessary before he lays out any Part of the Money voted by the
Assembly of that Government to send Mr. Weiser to Ononclago, in
order to know from themselves what the Sentiments of the Six Na-
tions are with Regard to the French Proceedings, as whether they
were previously made acquainted with them and do now approve
them ? And if they do not approve them, whether they dislike them
so much as to give them any obstruction, And of what sort ? And
whether they expect any Assistance, and of what nature, from the
Governments bordering on these Par^s ? And that he has ordered
Mr. Weiser to wait on his Excellency, and to pay the strictest
Regard to his Commands. 'And then his Excellency informed the
Board that he received the said Letter at Flushing on the second
Instant in the Evening, enclosed in a Letter from Mr. Weiser, and
the next Day sent directions to Summon Mr. Weiser to attend him

PROVINCIAL COUNCIL. 641

in Council as on yesterday j but that Mr. Weiser went out of Town
the fourth Instant before notice was given to him to attend.
Whereupon the Council advised his Excellency to send Directions
to Mr. Weiser not to proceed to Onondago till Col. Johnson sets
out for that Place, and to go in company with him, to the end he
may consult with Col. Johnson on the matters he is charged with
from his Government, that the same may not interfere with the
Proceedings of this Government; and that he, Mr. Weiser, should
not deliver any Message or make any application to the Six Nations
upon Matters of a publick Concern but with the Consent and
Approbation of Col. Johnson, and in his Presence; and least Mr.
Weiser might be gone from Albany that Copies of the said Direc-
tions bo sent to the Commissioners of Indian Affairs to be delivered
to him there or sent after him, and a Copy thereof to Col. Johnson.
" A true Copy. Examd- by

" GEO. BANYAR, Del. Con."

A Letter to Governor Clinton from the Commanding Officer at
Oswego.

" Oswego, 1st August 1753.

«Sr-:

'■' Since my last to your Excellency, has pass'd this fifty odd Ca-
noes more, twenty of which were Indians who stopp'd here, chiefly
Five Nations and Coghnawagas, who declared that tho' they were
going in company with the French they were not to join them in
their Scheme on Ohio, but were going to War againt the Southward
Indians, but the Orcndacks and Abanaikees were to join Monsn
Marin, the French Commandant, on Ohio. I am with all dutiful
Respect, Sr-'

" Your Excellency's most dutiful and obedient humble Servant.

" HITCHEN HOLLAND."

A Letter from Governor Clinton to Governor Hamilton.
"Sr- :

" As I was just sending the enclosed to the Post Office Mr. Wei-
ser came to me and made his apology for his abrupt Departure for
Albany, assuring me it was his ill state of Health that occasioned
it, and hoped I would forgive him ; upon which I have passed over
the affair and shall take no more Notice of it, therefore I beg your
Honour to excuse him. I must refer you to him for what Talk he
had with the Indians and Colonel Johnson, who I doubt not will
give a very good account of his Embassy. As soon as I hear what
Vol. v. — 41.

642 MINUTES OF THE

Progress he has made in securing them in our Alliance and Interest
I shall do myself the Pleasure to communicate the Result to your
Honour and the neighboring Governments, a*nd am in great Hopes
it will be of great service to the Tranquility of all the Governments
upon the Continent. I am with very great Truth,

" Your Honour's most humble and most obedient Servant.

" G. CLINTON.

" Flushing^ on Long Island, 27th August 1753."

A Letter from Governor Clinton to Conrad Weiser, Esquire.

" New York, 8th August, 1753.
" Mr. Conrad Weiser :

" Your sudden Departure prevented my giving you, while here,
any Directions on the subject of Governor Hamilton's Letter of the
28 Ult0-' sent to me at Flushing enclosed in a Letter from you of the
2 Instant, in which Mr. Hamilton acquaints me with your intended
Journey to Onondago, and that you are to pay a strict Regard to the
Directions I may give you."

"I expect that by the time you will probably arrive at Col.
Johnson's, he will be ready to set out for Onondago, and I think it
proper that You should go in Company with him, and consult with
him on the Matters You are charged with from your Government,
that the same may not interfere with what he is to propose and
transact with the Six Nations on the Part of this Government j and,
therefore, you are not to deliver any Message or make any Applica-
tion to the said Nations upon Matters of a Publick Concern but
with the Consent and Approbation of that Gentleman, and in his
Presence. I am, Sir, &ca-'

"G. CLINTON.
" A true Copy Examd- by

" GEO. BANYAR, D. Sec'ry."

And on the second of September Mr. Weiser returned from Al-
bany and made the following Report of his Journey, which, with
the above Letters and Intelligence from Governor Clinton, were
laid before the Assembly on the Fifth :

" Journal of Conrad Weiser to the Mohocks9 Country :
"July 24th, 1753. — Set out from my House in Heidleberg in

Berks County — arrived in Philadelphia.

"On the twenty-sixth. — Waited on his Honour the Governor and

received my Instruction.

" 28th. — Set out with the Stage Boat for Bordentown.

PROVINCIAL COUNCIL. 643

u August 1st. — Arrived in New York early in the Morning, be-
ing taken ill sent my Son Sammy with one Henry Vanclen Ham to
Flushing on Long Island to wait on Governor Clinton and deliver
(jroverrior Hamilton's Letter to him. Governor Clinton being gone
to the Plains, they left the Letter with his Lady and returned the
next Day.

" Aug*- 4th. — Went on Board an Albany Sloop, one Jacob Shans-
haek Commander.

7th. — At Five o'clock arrived in Albany — next Day, in the morn-
ing, delivered Governor Hamilton's Letter to the Mayor, Mr.
Sanders, who thought proper to call the Commissioners of Indian
Affairs to meet at four o'clock in the Afternoon, to concert Measures
to bring back the poor Prisoners from Canada belonging to Penp-
sylvania, taken in January last on the Waters of Ohio, the said
Prisoners having wrote several Letters praying his Assistance for
their Relief, which Letters Mr. Sanders gave me to peruse.

" Accordingly at four o'clock the Commissioners met at the House
of one Lottridge, and a French Indian Squaw was sent for, who
had one of the Prisoners, to wit, Jabez Evans, in her Family, given
to her instead of Degarihogon, her Son or Relation, who died two
years ago.

" The Indian Woman's Name was Susanna, Wife of one Thany-
uchta. She being a noted Woman, and none of the Indians of that
Country being in Albany but young Lads, She being asked how it
came that those poor People were taken Prisoners in time of Peace,
she made Answer that some of the Caghnawaga Warriors went to
fight the Oyadackuchraono, and happened to meet some of them at
some distance from their Country, accompanied by these White
Men, who when they saw that the Caghnawagas would or had a
mind to kill or take the Oyadackuchraono, they the English made
Resistance, and wounded one of their Men with a Musquet Ball
in his Arm, upon which they resolved to take the White People as
well as the Indians, and brought them away to Canada, leaving their
Horses and Things upon the Spot • and when they came to Canada
they presented the said Prisoners to the Governor General, and
told him how things happened, and that the Governor made An-
swer he would have nothing to do with those Prisoners, upon which
they, the Indians, took them to their Towns, and three of them
were given to an Indian living in Caghnawaga, one to the Indians
at Caoassategy, and two were imprisoned at Quebec, for what Reason
She did not know.

" The Commissioners told the Woman that they had received
several Letters from these poor Prisoners praying for Relief (this
very Woman had brought one from Jabez Evans), and as they were
taken in time of Peace they desired that they might be brought
back again y That the Commissioners would make reasonable Satis-
faction to those that had them in their Houses and had used them

644 MINUTES OF THE /

kindly if they would bring them over. The Commissioners sent a
Belt of Wampum (which I did provide) to the Chief Men of Cagh-
nawaga, called Anuchrakechty, to require his good office for the Re-
lease of these Prisoners, which the Woman undertook faithfully to
deliver; she being a very intelligible Woman I desired Mr. Sanders
to give her a Piece of Eight to buy some Bread for her Return,
which She received very thankfully. I served the Commissioners
as Interpreter, because it was thought fit that my Name should not
be mentioned for fear that the Expectation of the Indians would
rise too high; but the Woman asked me where I lived, because I
could talk their Language so well, she wondered that I was never
heard of. I told her I lived at Shohary and travelled up and down
among the Indians, and so forth. By Way of Discourse she in-
formed that the Conduct of those Indians that brought the English
Prisoners was not approved of at Caghnawaga, and that the Rest of
the Indians were angry at those that took them, and in their Drunk-
enness would call them old women and Breakers of the Peace, and
that it was a Shame to take People that had not offended and in
time of Peace, that it appeared plain to the Indians that those Pri-
soners had done no Harm.

u August 9th. — Set out from Albany with a Schnechtady Waggon
for the Mohock's Country.

" 10th. — Staid at Schnechtady, it being a rainy Day — met Henry
Peters, the Chief of the Mohocks (he that made so much Noise in
New York), in his way to Stockbridge, at the House of Arrant
Stevens the Provincial Interpreter, whom I went to visit and had
some Talk with him about Indian Affairs.

" August 11th. — Hired a Man and Two Horses to carry me to
the Mohock's Country, where I arrived the same Day and was kindly
received by Col. Johnson.

u 12th. — Abraham Canusta, another Chief of Canajohary, ar-
rived in his way to Albany. We went together to the Mohock's
Castle to attend the Publick Worship with the Indians. I nut some
more of the Chiefs — gave them an Invitation to come and see me at
Col. Johnson's to have some talk together about the News now
stirring abroad every where.

" 13th. — With a String of Wampum, I delivered my Message to
the Chiefs of the Mohocks, to wit : Seth Degarihogan, Kanadaka-
yon, Konadochary, and Kellian, in the Presence of Col. Johnson.
After about an Hour's time they made answer (Kanadakayon
Speaker) that they were in the same Condition and laboured under
the same Difficulties with their Brethren the English; that all what
they could say was of Hearsay, though from good Authority, and
that they believed it was too true, to wit : that the French passed
Oswego with a very numerous Army of Men well armed and some
great Gruns, and gave it to understand to the Six Nations that they
intend to take Possession of their Lands at Ohio, which Land they

PROVINCIAL COUNCIL. 645

said did belong to them from old Times, and that they would build
Strong Houses at the Carrying Places, Jonasky a Carrying Place,
Attoniat the Middle of the Carrying Place, and at Ohio, where
they take Water, and at Logstown, and so take Possession quite
down till they met the French coming from below, and that they
would give Warning once or twice to the English Traders on Ohio
to remove ; if they did it was well, otherwise they would strike
them. The same they would do to the Shawonese to remove or kill
them. As to all the Rest of the Indians they would not meddle
with them if they behaved well and sat still ; otherwise, if they dis-
puted the French's Right to the Land, and would appear to be of-
fended with what the French was now a-doing, they the French
would make use of their Arms that they made use of from the Be-
ginning of times, that they still knew how to use them against the
Indians as well as in former times, and feared nothing.,

" That upon this the Senecas sent a Message to their Brother
Col. Johnson to ask how long they had to live, and what was the
Intention of the French. They thought the Coll. must know, and
begged earnestly to be informed how things were. That the Coll.
sent three Belts of Wampum to let them know that it was that
what he often had told them, that if they did not stand upon their
Guard and would now suffer the French to take Possession of
Ohio or build Strong Houses any where upon the Six Nations'
Land, it would be over with the Sis Nations, and their Union
would signify nothing more. That they must now stand up and
shew that they are a People of Note, or lose all, &ca- This Mess-
age was to go to Canayichagy, as well as through the Six Nations,
but the Senecas stopped it, and sent their own Message to let the
Canayiahagons know that they must sit still, notwithstanding the
French's Expedition.

" They desired that this my Message might be delivered to the
Six Nations at Onondago, and further Kanadakyon said not.

"Had some Hours' Talk with the before-named Abraham, an
old Acquaintance of mine, and is looked upon to be the most sin-
cere Indian of that Nation. He told me by Way of Discourse that
the Six Nations were afraid of the French, because They the In-
dians being so divided and the French Alliance among the Indians
so strong, that the Six Nations could not prevent the French in
their Undertakings. That the English had lost Ground among the
Indians in the Time of the last War. That altho' the English
their Brethren shou'd supply them with Amunition and cloathing,
they could not resist the French without a numerous Body of Eng-
lish Men that would and could fight. That the French were now
about taking Possession of Ohio against the Will of the Six Na-
tions, but they could not resist. That he was well assured that
as soon as the' French had Possession of Ohio and built Strong
Houses there, they would send their Indian Allies against the

646 MINUTES OF THE

Southern' Indians in League with the English, to wit, the Cataw-
bas, Cherokees, Cawidas, &C1" to force them the said Indians to sue
for Peace, and to acknowledge Onontio for their Father, and so
make himself Master of all the Indians and their Lands.

" I was told the same by Kanadakayon, another Chief of the
Mohocks.

"Coll. Johnson shewed me his Commission and Instruction,,
which he had from the Governor of New York under the Broad
Seal of that Government. I judged thereby that he did not want
my Company, because he never asked me to go with him, or pro-
ceed on my Journey. I had told him before that I had set out from
Philadelphia to go to Onondago by Governor Hamilton's Order, but
as he had such a Commission (having been informed by the Way) I
thought my Journey to Onondago would be needless. He said he-
left it to me, .but I perceived some Coolness in him as to my going;
I thought it was best not to proceed any further at this time, but
to return.

"The Coll. has been very kind to me, and entertained me and my
Son very handsomely during my Stay, and was open and free in all
Discourses to me, and would have me to change now and then a
Letter with him, and whenever I came to the Mohocks Country to
make his House my Home, and offered to do all the Service to the
Province of Pennsylvania and myself that he possibly could in In-
dians Affairs.

" August 14th. — Took my Leave of Col. Johnson and arrived in
Schnecktedy.

" 15th. — Arrived in Albany, where I was informed that a Letter
from his Excellency Governor Clinton to me was sent Yesterday to
Schnecktedy after me by one Thomas Orman, who happened to be
the same Person that brought me just then to Albany in his Wag-
gon; he was called to an account for it immediately, he said that
the Letter must be in his Coat Pocket, which he left at home; he
promised to bring it to Albany the next Day early in tne morning ;
I told him I would not pay him till he brought the Letter, but he
did not bring it, it was judged that he lost it.

"18th. — I left Albany, arrived in New York on the twenty-third
in the Night.

"24th. — Waited on Edward Holland, one of the Council, to know
whether Governor Clinton was expected in Town. He did not
know. I went to wait on Mr. Kennedy for the same Purpose, who
told me that his Excellency was very ill, and he, Mr. Kennedy,
would go to Flushing to-morrow to see him, and would inform his
Excellency of my Return from the Mohowk's Country, and that he
would be back again the same day.

"25th. — I waited on him again in the Evening, but Mr. Ken-
nedy told me that all the Horses and Chairs over the River were

PROVINCIAL COUNCIL. 647

employed and that he could get none, which prevented his going to
Flushing.

"26th.— Being Sunday.

"27th. — I went to Mushing, on Long Island, seventeen Miles
from New York, to wait on Governor Clinton — he happened to be
from home but came in by one o'Clock. I paid him my Compli-
ments at his Door — he called me in and asked me how far I had been,
and signified to me that it was a wrong Step in me to proceed to
Albany before I had his Directions. I asked Pardon and told him
my Reason why I proceeded. His Excellency said it was well, he
did not disapprove so much of my Proceeding as of my Son's not
staying for an Answer. His Excellency seemed well enough pleased
with my Return, and of my not proceeding to Onondago, and was
pleased to tell me that he intended to be in New York next Wed-
nesday, and would then have me to wait on him and take a Letter
to G-overnor Hamilton, and so dismissed me, but would have me stay
and eat a Bit of Victuals first, and ordered his Attendance accord-
ingly to get it for me and my Companion. After Dinner 1 left
Flushing and arrived in New York the same Evening.

" Aug'- 29th. — His Excellency arrived in New York in the
Evening.

"30th. — By seven o' Clock a Packet of Letters directed to G-ov-
ernor Hamilton was sent to my Lodging by one of Governor Clin-
ton's Attendance, who told my Landlord (I being gone to take a
Walk and to inform myself if Governor Clinton came to Town last
night) that his Excellency Governor Clinton wished me a good
Journey to Pennsylvania, and desired to mention his Compliments
to Governor Hamilton and deliver that Packet of Letters to him.
I being not altogether pleased with this Message, went about nine
o'Clock to the Governor's House in the Fort, and one Mr. Askue
went up to tell the Governor that I wanted to see him and take my
leave of him. Mr. Askue came down again and told me that the
Governor sent his Compliments to me and wished me a good Jour-
ney to Philadelphia, and desired I would mention his Compliments
to Governor Hamilton. I left New York the same Day by Twelve
o'clock and arrived in Philadelphia on the second Day of Sep-
tember by Seven o'clock in the Morning.

" CONRAD WEISER, Interpreter.

"Dated in Philadelphia the 2d September, 1753.

" P. S — Before I left Albany I desired the Favour of Mr.
Ogilvie the English Minister, an Acquaintance of mine, that if
Governor Clinton's Letter to me directed should be sent back to
Albany from Schnechtendy or the Mohawk's Country, to send it
after me to New York or Philadelphia, which Mr. Ogilvie accord-
ingly did, and it was delivered to my Son by Mr. Alexander Colden,
Deputy Post Master in New York."

648 MINUTES OF THE

And on the said Fifth of September the Governor received from
the House by Two Members the following Message with the Paper
Money Bill :

A Message to the Governor from the Assembly.
" May it Please the G-overnor :

" Upon receiving a Message from the Governor of the Twenty-Ninth
of August last, with some few amendments to the Bill for Striking
Twenty Thousand Pounds to be added to the present Currency of
this Province, which the Governor is pleased to acknowledge is not
an exorbitant Sum, and to which Amendments he presumed we could
have no Objection, We were in hopes that the repeated applications
of this and our preceding Assemblies had induced him at length
to give his Assent to the Bill upon such Terms as the House might
comply with consistent with their Honor and the Trust reposed in
them by their Constituents. But We are under the Necessity of
assuring the Governor the Clause proposed to be added to that Bill
is so far from being free from Objections that we apprehend it to
be destructive of the Liberties granted to the People of this Pro-
vince by the Royal and Provincial Charters, and Injurious to the
Proprietaries Rights, and as such we have unanimously resolved it
upon the Report of a Committee of this House, to whose Care we
had also recommended the Examination of our Laws, a consider-
able Number of which were enacted under the immediate Powers of
the Crown; and We are well assured there has never been one
single Instance of the Passing of any Law under the Restrictions
now contended for by the Governor from the "first Settlement of our
Province to this Day. This has led Us into an Enquiry why so
dangerous an Experiment should be now pressed upon Us, as we
conceive, without the least apparent Necessity.

" The Governor, it is true, has been pleased to inform Us that it
is founded upon an Instruction from the Lords Justices to the late
Governor, but We entreat he would consider how far an additional
Instruction dated in 1740, expressly directed to a former Governor,
and which in its own Nature appears temporary and the Ends long
since answered, can be binding upon him.

, " That tho' it was directed to a Governor of this Province it
neither did nor could suit our Circumstances either at that time or
any other Time before or since ; that it was temporary, and that
the ends proposed by that Instruction have been answered, appear
very clear to Us when We consider that the effectual putting in
Execution the Act of the Sixth of Queen Ann for ascertaining the
Rates of Foreign Coins in America, the various and illegal Cur-
rencies introduced in several of the Colonies, the miserable Defec-
tion from that Act, as well as the respective Acts by which such
Currencies were originally issued, the Discouragement it brought on
the Commerce of Great Britain, the Confusion in Dealings, and the

PROVINCIAL COUNCIL. 649

Lessening of Credit in those Parts, are the Foundations both of the
Address of the House of Commons to the King, and in Pursuance
of that Address of the additional Instruction to which the Governor
is pleased to refer. ,

" That this could never suit our Province at any Period since the
Emission of our Bills of Credit must be very apparent to the Gov-
ernor himself, and is most clearly demonstrable from the Dates of
the Address of the House of Commons, and additional Instruction
with the Report of the Board of Trade and Royal Assent to the
Act for emitting the largest Sum of Bills of Credit that had ever
been current among Us.

" The address of the House of Commons we find to be on the 25th
of April 1740, the additional Instruction on the 21st of August fol-
lowing, founded upon that address, and about the same time, to wit,
on the 16th Day of April 1740, the Lords of Trade upon the Act
for the more effectual preserving the Credit of our Paper Money, &c. ,
and the Act for reprinting, exchanging, and re-emitting all the Bills
of Credit and for striking the further Sum of Eleven Thousand one
Hundred and Ten Pounds Five Shillings, &ca-' report ? That as these
Acts relate to Paper Money they took the Sense of the Merchants
trading to that Province upon them, who were of opinion that they
were not only reasonable but likewise necessary for carrying on the
Commerce of that Country/ and in Pursuance of that Report, on
the 12th Day of May, 1740, the King was graciously pleased to con-
firm those Acts in a full Council.

" If, then, the Governor will be pleased to compare the Dates of the
Report of the Board of Trade with the address of the House of Com-
mons, the confirmation of our Paper Money Acts and the Lords
Justices' Instruction, we make no Doubt He must be sensible that
Bills of Credit emitted in Vertue of Laws, reported to be not only
reasonable but the Sum itself so emitted necessary for carrying on
the Commerce of the Country, cannot possibly agree with Bills of
Credit illegally issued, by means whereof the Trade of Great Britain
is discouraged, confusion in Dealings introduced, and all Credit less-
ened, and in consequence the Instruction or the address of the
House of Commons could not possibly suit the Circumstances of this
Province at that time.

"To evidence this more clearly, if that can be, the Report of the
Board of Trade to the House of Commons the Twenty Frst of Jan-
uary, 1740, sets forth, that in Pursuance of the address above men-
tioned, on the 25th of April preceding his Majesty had been pleased
to direct them to prepare in order to lay before the then Sessions of
Parliament an account of the Tenor and amount of the Bills of
Credit which has been issued in the several British Colonies, &c.
Whereupon they did immediately send circular Letters to all the
Governors of his Majestie's Plantations in America, reciting the said

650 MINUTES OF THE

address and directing them forthwith to prepare and transmit the
several Accounts therein required, as by a Copy of one of the said
circular Letters which they had thereunto annexed would more fully
appear ; from whence it is unquestionably clear that the Lords of
Trade formed one circular Letter to be sent thro' all the Colonies
however differently circumstanced, and this nearly in the Terms
both of the Instruction of the Lords Justices and of the address of
that Honourable House on the 25th of April preceding, altho' at
the same time they acknowledge that being destitute of proper In-
formation it could not be expected they should be able to lay before
the House an adequate Remedy for the Evils complained of, and the
rather because the Circumstances of the several Provinces being
various and very different, each Province might require a distinct
Consideration. But they proceed to say, being desirous as far as
in them lay to comply with the Intentions of the House, they would,
humbly propose that his Majesty would be graciously pleased to
repeat his Orders to his Governors of the Plantations not to give
their assent for the future to any Bill or Bills for the issuing or
re-issuing of Paper Money in any of their respective Governments,
without a Clause be inserted in such Act declaring that the same
shall not take Effect until the said Act shall be approved by his
Majesty, and then add, ' We hope these Propositions for reducing
and discharging the Paper Currency in the Plantations may have
a good Effect in those Governments which are held by immediate
Commission under his Majesty, but We are very doubtful whether
they will produce the like Effect in the Charter Governments, who
do apprehend themselves by their particular Charters and Consti-
tutions to be very little dependant upon the Crown, and for that
reason seldom pay that Obedience to his Majestic' s Orders which
might reasonably be expected from them/

" That the Board of Trade should consider and report this to the
House of Commons as a doubtful expedient j that a Bill to enforce
the Orders and Instructions of the Crown in America should have
been since repeatedly brought into the House, and tho' supported
by Members of great Weight and Influence at Length rejected by
the Justice of a British Parliament; that the Governor himself
should have represented this very Bill to the Assembly of this
Province as a Bill he took for granted they were all sensible to be
of a mischevious Tendency, and would give their Agent full Instruc-
tions to oppose should it become necessary j that the Honourable
Proprietors had labored indefatigably and with Success to avert the
Mischiefs threatned this Province from the Passing of that Bill,
and had it in Command from them to assure that Assembly of their
Assistance upon all future Occasions wherein the Welfare and Hap-
piness of the People of this Province might be concerned j and
that this should be so in the Year 1749, and nevertheless that the
Governour should be now pleased without any apparent Necessity

PROVINCIAL COUNCIL. G51

to contend for the proposed Amendment, we own we are at a Loss
to understand.

" That the Instruction was designed as a temporary Expedient
we think will appear from the Report of the Board of Trade on the
Twenty-first of January, 1740, above mentioned, five Months after
the Date of the additional Instruction from the Lords Justices, at
which Time that Board had not received Returns in Answer to their
circular Letters from any of his Majestie's Governors on that Sub-
ject, except only from the Lieutenant Governor of New York. In
this Uncertainty, destitute as they report of proper Information,
they propose that his Majesty would be pleased to repeat his Or-
ders to his Governors of Plantations not to give their Assent to
any Paper Money Bills for the future without the Clause as above ;
but notwithstanding this was addressed to the House of Commons
at the next Sessions after the Date of the additional Instruction to
Governor Thomas, which had taken its Rise from an Address of
that Honourable House in their preceding Sessions, we cannot
learn, and have good Reason to believe the Crown has never been
pleased to repeat those Orders at least to the Governors of this
Province.

" That the ends proposed by that additional Instruction have
been answered by the full Examination of all the States of Bills of
Credit in the American Plantations by the Parliament, and an Act
in Pursuance of that Enquiry passed in the Year 1751, appears
clear to Us from the Report of our Committee; and that since the
passing of that Act we are left in the full Possession of our Rights
in Regard to a Paper Currency, we doubt not the Governor will
"concur with the Sentiments of this House.

u The Governor, long since the Date of that Instruction, has re-
ceived a Commission from our Proprietaries, with the Approbation of
the Crown, and we hope and presume he is at full Liberty to pass
all our acts upon the terms granted us by the Royal and Provincial
Charters ; and as the additional Instruction upon which the Gov-
ernor has been pleased to ground his amendment proposed to our
Bill, appears long since to have answered the ends proposed, we
hope the Governor will think that neither himself or the Freemen
of this Province are at this time at all concerned therein, and will
not put us under the disagreeable Necessity of examining the Validity
of that Instruction, but that he will be now pleased to comply with
the general Voice of the People, and the repeated unanimous Ap-
plications of their Representatives, in granting them and the Trade
of this Province this seasonable Relief, by giving his assent to the
Bill as it now stands.

" Sign'd by order of the House,

" ISAAC NORRIS, Speaker.

" September 5th, 1753."

G52 MINUTES OF THE

To which the Governor made the following Answer, and returned
the Paper Money Bill :

A Message from the Governor to the Assembly.
" G-entlemen :

" When I sent down the Bill for striking Twenty Thousand
Pounds to be made current and emitted on Loan, and for re-emitting
and continuing the Currency of the Bills of Credit of this Province,
I had not the least apprehension that the amendments by me pro-
posed could have rendered it inconsistent with the Honour of the
House or of the Trust reposed in them by their Constituents to have
excepted it, especially as on inspecting the Journals of your House
of the Year 1746, I find that when the same Instruction in a Case
of the like kind was then urged upon the Assembly by the late
Governor, they were so far from disputing that they appear clearly
to have admitted the Validity of it in ordinary Cases, and at that
time only hoped the then Governor on reconsidering the Boyal In-
struction might think himself at Liberty to .give his Assent to a Bill
for striking a further Sum of Money in Bills of Credit, when any ex-
traordinary Emergency required it. Hence it seems plain that they
did not then think his Majestie's Instructions, founded on an Address
of the House of Commons, either illegal or temporary, or that it
was destructive of the Liberties granted to the People of this Pro-
vince; otherwise, in Duty to their constituents they would un-
doubtedly have represented it in the Light You now do. If these,
then, were the Sentiments of both' Governor & Assembly at that
Time, and if they would not venture upon an Emission even of so
small a Sum as Five Thousand Pounds in a case of so real Emer-
gency as the Expedition against Canada, without immediately pro-
viding to sink it by a Tax in a short space of Time, to what
Purpose is it insinuated as if I was the first to press so dangerous
an Experiment without the least apparent necessity, when in the
course of your Enquiries upon this subject the Transaction of the
Year 1746 must needs have been well known to you ?

" That there has not been an Instance of passing any Law in
this Province under the Restrictions contained in the Amendment
may be very true ; but I cannot think any thing further is to be
inferred from thence than thafno such Instruction was ever sent to
the Governors of this Province before the Year 1740; otherwise it
is reasonable to conclude they would have paid the same dutiful
obedience to it as was done by your late Governor. Nor perhaps
is a restraining Instruction so necessary upon any other occasion as
in the Business of Money, over which the King having peculiar
Prerogatives may well think himself entitled to claim the Superin-
tendance.

I confess myself at a Loss to conceive how an Instruction di-
rected to a particular Governor by name, or to the Commander-in-

PROVINCIAL COUNCIL. G53

Chief of the same Province for the Time being, can be deemed to
bind that particular Governor only and not his Successor, since by
that Way of Reasoning it is possible the King's Instructions, how-
ever necessary, urgent, and well-founded, might be altogether frus-
trated by the Death or Ilemoval of the particular Person to whom
they are by Name directed. I am perswaded that upon Recollec-
tion You cannot think there is much weight in this Argument; and
as to its being temporary in its own Nature I am far from thinking
that to be the case, either from the face of the Instruction, in which
no Limitation of Time is expressed, or from your Reasoning upon
that Head. The several Reports, Address, and Royal Assent (ex-
cept that of the 21st of January, 1740, in which the Charter Gov-
ernments are mentioned not much to their advantage), referred to
in your Message, tho' not set forth in their Order of Time, are all
of them prior to the Royal Instruction; from whence it is natural
to conclude, that altho' his Majesty upon the Report of the Lords of
Trade in our favour was graciously pleased to indulge Us with the
Sum of Eighty Thousand Pounds, as being a just Medium at that
Time, yet being made acquainted with the abuses that had crept
into some other of his Colonies, imoderate Quantities of Paper
Money, and apprehending We might possibly run into the same
Excess, issued this Instruction with a View to restrain Us from in-
juring ourselves and the English Merchants by unnecessary Emis-
sions of Bills of Credit. Nor is it to be doubted that if you can.
make it appear to his Majestie's Ministry that an Addition to your
Currency would at this Time be of Service to the Province, the same
Royal Favour will be again extended to you as was upon your last
Application.

" You are pleased to acquaint me that You are at a Loss to un-
derstand why I, who in the Year 1749 represented a "Bill then
depending in the House of Commons for enforcing the Orders and
Instructions of the Crown in America to be of mischievous Tendency,
should now, without any apparent Necessity, contend for the pro-
posed Amendment. In answer to which I now inform You that I
am still of the same Opinion with Regard to that Bill as at the
Time You mention; But surely a very moderate Share of Penetra-
tion is sufficient to distinguish between an Act to enforce all Orders
and Instructions of the Crown, of whatever nature, and a Royal In-
struction founded on an Address of Parliament that only relates to
one particular Point, in which his Majestie's Prerogative may be
supposed to be concerned, and which besides is plainly calculated to
do Justice between Man and Man, and you will certainly allow me
to judge for myself of the Necessity I am under of paying Obedi-
ence to the King's Instruction when a Disregard of it is threatned
with his Majestie's highest Displeasure.

"I do not by any Means blame You, Gentlemen, for contending
for what You are persuaded are your Rights and Privileges, and

654 MINUTES OF THE

consequently can have no Objection to your examining the Validity
of the King's Instruction. One Precaution, however, I think it my
Duty to lay before You, tho' I hope it is not necessary, that in the
Course of this Examination you will proceed with such Temper and
Moderation that You may give the World no Room to repeat the
Charge made against this Province, among others by the Lords of
Trade, of its apprehending itself to be very little dependant on the
Crown or of its not paying a reasonable Obedience to his Majestie's
Orders.

" Upon the whole I am sincerely of Opinion that the Royal In-
struction is of the same Force at present as when the late Governor
told the Assembly in 1746, " That He could not bring himself to
such a Pitch of Boldness as to contravence it," of which Opinion
that Assembly seems also to have been by their not having dis-
puted either the Validity of the Instruction or the Continuance of
its Operation. Why, therefore, an Instruction, allowed to be in
Force in the Year 1746, and still unrevoked, should now be deemed
to be of no Effect, tho' the State of our Paper Currency has not
suffered the least Alteration since that Time, is what I own I can-
not comprehend, nor can I bring myself to think that I may be
ever freed from the Obligation of paying a strict Obedience to it
until the same shall be revoked, or that I may be otherwise dis-
charged from it by his Majestie's Authority.

" I have given both the People of this Province and their Rep-
resentatives too many Proofs of my Regard for their Liberties and
Privileges to have it suspected that I am capable of entering into a
scheme to deprive them of either. Nor shall I ever cease to do
them all the Service in my Power, consistent with the Duty I owe
to his Majesty and the Rights of the Honourable Gentleman whose
Commission I have the Honour to bear.

"JAMES HAMILTON.

"Philadelphia, September 7th, 1753." \

On the eleventh of September a Verbal Message from the As-
sembly was delivered by Two Members, presenting his Honour the
thanks of the House for his great Care in Indian Affairs, and
further acquainting him that They proposed to adjourn to the
Thirtieth Instant, to which the Governor made no Objection.

MEMORANDUM.

The Governor being informed that Captain Philip Nery, Com-
mander of the Schooner called Nostra Seignora de Rozario, Saint
Anna, and Saint Antonio, who had been permitted to sell a Part of
his Cargo in Order to make the Repairs necessary to proceed on his
Voyage, did propose to sell more than was deemed fair or reason-

PROVINCIAL COUNCIL. 655

able, and the Collector having informed the Governor that he was
dissatisfied with the conduct of Mr. Edgar, the present Agent for
the said Captain, his Honour thought it proper to put the Cargo
into the Hands of some other Merchant, and Mr. John Ingliss
being recommended he gave him the following Commission :

"[L. s.] By the Honourable JAMES HAMILTON, Esquire,
Lieutenant Governor and Commander -in- Chief of the Province
of Pennsylvania, and Counties of New Castle, Kent, and Sus-
sex, upon Delaware,

" Whereas, a Petition hath been presented to me by Captain
Philip Nery, a Subject of his Portugal Majesty, and Master or
Commander of the Schooner called the Nostra Seignora de Rozario,
Saint Anna, and Saint Antonio, of the Island of Madeira, setting
forth that his said Vessel was in so leaky and distressed a Condi-
tion that he durst not continue longer at Sea but was under a Ne-
cessity of putting into this Port of Philadelphia, and desiring leave
to refit. Whereupon an Order was issued requiring Joseph Rich-
ardson, William Glentworth, John Meas, and Thomas Penrose, to
examine and report the condition of the said Vessel and (the Cargo
being delivered into the Custody of the Collector of the Customs)
it appears that the said Vessel's bottom is Worm-Eaten and must
undergo a Repair, which as I was first given to understand might
amount to Two Hundred and Fifty or three hundred Pounds, but
it hath been since suggested that it will cost three times that Sum,
or the whole Cargo ; I being desirous to be informed of the Truth
of the matter, and especially to prevent any unfair or illegal Prac-
tices in selling more of the said Cargo than is necessary for making
the said Vessel fit for Sea, clo hereby authorize and appoint John
Ingliss of this City, Merchant, to sell and dispose of as much of the
said Vessel's Cargo as will be sufficient to defray the Expences of
the said Master and the necessary Repairs of the said Vessel, and
no more, and to inspect and examine the several Tradesmen's Bills
so that an exact account of his Proceedings therein may be ren-
dered to me.

" Given under my Hand & Seal at Arms at Philadelphia, the First
Day of September, in the Year of our Lord One Thousand Seven
Hundred and Fifty-Three.

"JAMES HAMILTON."

Mr. Ingliss having made a Report to the Governor endorsed on
the Warrant or Commission, the same is as follows :

" In Pursuance of the Within Warrant to me directed by the
Honourable James Hamilton, Esquire, I have fitted out the within
named Vessel with all convenient necessaries of provisions, &ca-'
given her a thorough Repair, paid her Wages, and shipped a Master
and other Seamen agreeable to the Direction of Cap* Philip Nery,

656 MINUTES OF THE

which with their Wages advanced and Tradesmen's Bills with every
Charge included, amounts to the Sum of Five Hundred and Ninety-
Six Pounds nineteen Shillings and Three Farthings Current Money
of Pennsylvania, for the Re-payment of which sundry Tons of Nica-
ragua Wood and Pig Copper was disposed of to Messieurs Robert
and Amos Stretttell, of which particulars his Majestie's Collector,
Abraham Taylor, Esquire, took a particular Account of. Witness
my Hand this Fifth Day of September, 1753.

" JOHN INGLIS."

Afterwards the following Petition was presented to the Governor
by Cap'- Philip Nery :

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of the Province of Penn-
sylvania, and Counties of New Castle, Kent) and Sussex, upon
Delaware,
u The Petition of Captain Philip Nery, Commander and Part
Oioner of the Schooner called the Nostra Seignora de Rozario,
Saint Anna, and Saint Antonio, Humbly Shews:
" That Your Petitioner is now almost ready to depart this Port
and to prosecute his intended Voyage to the Island of Teneriffe,
where the Rest of the Owners of the said Schooner reside, but being
entirely unacquainted with the Bay and River Delaware and the ad-
jacent Coasts, he hath applied to and engaged (with your Honour's
Permission) Patrick Roney, of the City of Philadelphia, Mariner, a
Person well qualified for that Purpose, to assist your Petitioner in
the navigating the said Vessel to the said Island of Teneriffe.

" Your Petitioner, therefore, humbly prays Your Honour will be
pleased to permit him to depart this Port with his said Schooner, to
employ and take the said Patrick Roney as his Pilot or Assistant in
the said Voyage.

" And your Petitioner will pray, &ca'

" Capitaine PHILIPPE NERL"

And the Prayer of the Petition was granted by the Governor,
who ordered that Cap'- Roney should give Security to his Majestie's
Collector of this Port to deliver the Goods taken on Board here at
the Island of Teneriffe, Accidents of the Sea excepted.

" 15th September, 1753."

PROVINCIAL COUNCIL. 657

At a Council held at Philadelphia, Friday the 21st Day of Sep-
tember, 1753.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, William Till, ~)

Robert Strettell, Joseph Turner, v Esquires.

William Logan, Richard Peters, J

The Minutes of the preceding Council were read and approved.
A Letter of William Fairfax, of Virginia, Esquire, which the
G-overnor received Yesterday by Express, was read in these Words :

"Winchester, 14th September, 1753.
"Sir:

u Pursuant to a Commission under our Great Seal from Governor
Dinwiddie, I came hither to meet certain Chiefs of the Six Nations
and their allied Indians, and make them a Present of some Arms,
Ammunition, and Cloathing. Upon drawing to a Conclusion, I re-
ceived a Speech from them desiring I would write to your Honour,
and with their best Compliments let You know that proposing to
return homeward through Pennsylvania they would be most glad
to meet your Honour at Carlisle on or before the twenty-second
Instant, in hopes of shaking your Hand and presenting the Twigh-
twees. The present unsettled Affairs of their Country on the
French's Entry on their Lands would not allow them time to wait
on your Honour at Philadelphia. I was further desired to send You
the enclosed String of Wampum as a Token of their great Desire to
see You at Carlisle. For Particulars I take Leave to refer to Mr.
Croghan, who has kindly assisted me.

" I am, Sir, with a respectful Esteem,

" Your Honour's most obedient humble Servant,

" W. FAIRFAX."

The Governor having desired a Conference with the Speaker
and such other members of Assembly as were in Town, Mr. Norris
the Speaker, Mr. Warner, Mr. Trotter, Mr. Franklyn, Mr. Roberts,
and Mr. Stretch, Members for the County and City of Philadelphia,
accordingly came into Council, when the Letter was again read, and
on considering the contents all were of opinion that since Mr. Fair-
fax had not favoured the Governor with an account of what passed
between him and the Indians, nor mentioned their Business with
this Government, nor had Governor Dinwiddie met them in Person,
there was no Necessity for the Governor's indulging the Indians
with his Presence at a Place so distant from Philadelphia on a Re-
quest of their' s signified to him in such a manner. But considering
vol. v. — 42.

058 MINUTES OF THE

the present Situation of these Indians, and that they might be dis-
tressed by the hostile Proceedings of the French, and that the As-
sembly had voted Eight Hundred Pounds for Indian Services, of
which the Governor had the sole Disposal, it might be for the Pub-
lick Good to take this opportunity of enquiring into their Circum-
stances and making them a Present of Goods to the amount of that
Sum if it should be found necessary. Whereupon the Governor
desired Mr. Richard Peters, Mr. Isaac Norris, and Mr. Benjamin
Franklyn, to undertake the Transactions of this Business, and they
complying with his Honour's Request, the following Commission
was executed and delivered to them :

" George the Second, by the Grace of God of Great Britain, France,
and Ireland, King, Defender of the Faith, and so forth ; To our
Trusty and well-beloved Richard Peters, Isaac Norris, and Ben-
jamin Franklyn, Esquires, Greeting :

Whereas, some Chiefs of the Indians of the Six Nations, of the
Shawanese, of the Delawares, and of the Twightwees, living on the
Waters of River Ohio, a Branch of the Mississippi, our Good Friends
and Allies, have signified to our Governor of our Province of
Pennsylvania that they are earnestly desirous to renew the Leagues
of Amity subsisting between Us and their Nations, and are now
waiting at Carlisle, in the County of Cumberland, within our
said Province, for this Purpose : Know Ye, that judging it may
greatly contribute to the Safety and Benefit of all our Loving
Subjects, Inhabitants of Our said Province of Pennsylvania, to
hold a Treaty with these Indians agreeable to their Request,
and Reposing Special Trust and Confidence in your Loyalty,
Abilities, and Circumspection, We have thought fit to nominate and
appoint You the said Richard Peters, Isaac Norris, and Benjamin
Franklyn, and Every of You, our Commissioners on Behalf of our
Governor of our Province of Pennsylvania aforesaid, to treat with
the said Indians now at Carlisle, or with their or any or every of
their Chiefs or Delegates, and with them to renew, ratify, and con-
firm the Leagues of Amity subsisting between Our said Province of
Pennsylvania and the said Nations of Indians; And further, to do,
act, transact, and finally to conclude and agree with the Indians
aforesaid all and every other matter and thing which to You shall
appear necessary, touching or in any wise concerning the Premises,
as fully and amply to all Intents, Constructions, and Purposes, as
Our Governor of Our Province of Pennsylvania aforesaid might or
could do being Personally present. Hereby ratifying, confirming,
and holding for firm and effectual whatsoever You, the said Richard
Peters, Isaac Norris, and Benjamin Franklyn, or any of You, shall
Lawfully do in and about the Premises. In Testimony whereof We
have caused the Great Seal of our said Province to be hereunto af-
fixed. Witness, JAMES HAMILTON, Esquire, (by Yertue of a

PROVINCIAL COUNCIL. 659

Commission from Thomas Penn and Richard Penn, Esquires, true
and absolute Proprietaries of the said Province, And with Our Royal
Approbation) Lieutenant Governor and Commander-in-Chief of the
Province aforesaid, and Counties of Newcastle, Kent, and Sussex,
upon Delaware, at Philadelphia, the Twenty-Second Day of Sep-
tember, in the Year of our Lord One Thousand Seven Hundred and
Fifty-three, and in the Twenty-Seventh Year of Our Reign.

"JAMES HAMILTON."

Then was read a Letter to the Governor from Mr. Edward
Shippen, Prothonotary of Lancaster County, and another enclosed
in it to one Young, an Indian Trader, from John Frazer, his
Partner, and one who had lived at Weningo ; but apprehensive of a
visit from the French had in the Summer removed thence to the
Forks of Mohongialo, about fourteen Miles from the sd" River's
entring into the Ohio, where he now has a Store of Goods and
carries on a Trade with the Indians, And as Fraser's Letter con-
tains a large Account of the French Proceedings, and Mr. Shippen' s
Letter explains several Matters in it, they are both ordered to be
entered, placing Fraser's first.

"Forks, August 27th, 1753.

" Mr. Young :

" I have sent the Bearer in all haste to acquaint You what a
narrow Escape William made from the French at Weningo. I
have sent him off there the same time that You ordered him, and
from that time until he ran away he only sold eight Buck's worth
of Goods, which Custologo took from him, and all his Corn, when
he was making his Escape in the night. He is made a Captain by
the French, and next morning after William's Escape he delivered
John Trotter and his Man to the French, who tied them fast and
carried them away to their new Fort that they made a little from
Weningo at a Place called Caseoago up French Creek. The night
that William ran away, that Afternoon Two French Men came to
Weningo, who told William that there was no Danger, but William
being a little afraid got all ready that night and came as far as
Licking Creek and there staid till Break of Day, and then came by
Land to the Top of the Hill against my House, where he saw about
one hundred of the French Dogs, all under Arms, and had Trotter
and his Man then tied. Fourteen of them followed William, but
it being a foggy Morning he outrun them, so that there is nothing
lost yet only those eight Bucks and all the Corn. I would have
sent William down only I do not know every moment what
Time I will be obliged to move my Goods from here back in the
Woods.

" I have thrown a Parcel of my own Goods against another Parcel
of Yours, and sell them now since William came here. I have not

660 MINUTES OF THE

got any Skins this Summer, for there has not been an Indian
between Weningo and the Pict Country hunting this Summer, by
reason of the French.

" There is hardly any Indians now here at all, for yesterday there
set off along with Cap*- Trent and French Andrew the Heads of the
Five Nations, the Picts, the Shawonese, the Owendats, aud the
Dela wares, for Virginia ; and the Half King set off to the French
Fort, with a strong Party along with him, to warn the French off
their Land entirely, which if they did not comply to, then directly
the Six Nations, the Picts, Shawonese, Owendats, and Delawares,
were to strike them without Loss of Time. The Half King was
to be back in twenty Days from the time he went away, so were the
Indians froni Virginia.

" Cap'-. Trent was here the night before last and viewed the
Ground the Fort is to be built upon, which they will begin in less
than a month's time. The Money has been laid out for the build-
ing of it already, and the great Guns are lying at Williamsburg
ready to bring up.

" The French are daily deserting from the new Fort — one of them
came here the other Day whom I sent to Cap1, Trent ; he has him
along with him to Virginia ; he has given the true Account of the
Number of French and all their Designs ; there are exactly Twenty-
Four Hundred of them in all ; here is enclosed the Draught of the
Fort the French built a little way the other side of Sugar Creek,
not far from Weningo, where they have Eight Cannon. Which is
all from your Friend

"JOHN FRASER.

"P. S.— The Captain of the French that took John Trotter from
Weningo was the White French Man that lived last Winter at Log's
Town."

" Lancaster, 9th September, 1753.
" Honoured Sir :

"The enclosed was just now brought me by Mr. Callendar in order
to be forwarded to your Honour.

" Custologo is a Delaware Indian, and a very Leading man.

" Weningo is the name of an Indian Town on Ohio where Mr.
Fraser has had a Gunsmith's Shop for many Years; it is situate
eighty Miles up the said River beyond the Log's Town, and Case-
wago is Twenty Miles above Weningo.

" The Half King is one of the Six Nations, and of very great
Note and Esteem amongst them.

PROVINCIAL COUNCIL. 661

w Mr. Croghan has been gone two Weeks since to "Winchester in
Virginia to an Indian Treaty. I am, with due Respect,

" Your Honour's most obedient humble Servant,

" EDWARD SHIPPEN.
'" To the Honourable the Governor."

The Governor informed the Council that he had given a Com-
mission to Mr. John Ingliss to sell so much of Captain Philip
Nery's Cargo and no more as would refit the Vessel and make her
capable of proceeding on her Voyage to Teneriffe; and likewise
that he had on the Petition of the said Captain given the command
to Patrick Roney, who had given Security to the Collector to de-
liver her safe to the Owners at Teneriffe, and that he proposed to
write the following Letter to the British Consul there :

Sir:

" Captain Philip Nery, Commander and Part Owner of the
Schooner Nostra Seignora de Rozario, Saint Anna, and Saint An-
tonio, having by Petition set forth that his said Vessel was in so
leaky a Condition that She was unfit to proceed on her Voyage to
the Island of Teneriffe without some necessary Repairs; and pray-
ing likewise that as he was a Stranger both to our River and Bay
and the adjacent Coasts, I wou'd permit him to take on Board Pa-
trick Roney, of this City, Mariner, to assist him in navigating the
said Vessel, I have accordingly granted the Petitioner's Requests,
and by my Lett Pass have permitted the said Captain Roney to
take with him such other assistance as is deemed necessary for the
said Purpose; and that the Captain and Seamen may be honestly
paid according to their Agreement I have directed Cap' Roney
upon his arrival to apply to the British Consul for the time being,
for his advice and assistance in this Affair, and that I may be ad-
vised of the Vessel and Cargo's Arrival at the Island of Teneriffe.
" I am, Sir, Your most humble Servant,

"JAMES HAMILTON.
"Philadelphia, 22d September, 1753.

" To the British Consul for the time being at the Island of Ten-
eriffe."

At a Council held at Philadelphia, Wednesday the 3d Day of
October, 1753.

PRESENT I

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Robert Strettell, ") ■«
Joseph Turner/ jEs(lulres-
The Minutes of the preceding Council were read and approved.

662

MINUTES OF THE

The Returns of the Sheriffs and Coroners for the several Coun-
ties being taken into Consideration, the Several Persons following
were appointed and received their Commissions accordingly :

Sheriffs.

Samuel Morris,

William Yardley,
Isaac Pearson,
Thomas Smith,
John Adlum,
Ezekial Dunning,
Benjamin Lightfoot,
Nicholas Scull,
George Monroe,
John Clayton, Junr-'
Jacob Kolloch, Junr,)

Philadelphia County")
and City, j

Bucks County,
Chester County.
Lancaster County,
York County,
Cumberland County,
Berks County,
Northampton County,
Newcastle County,
Kent County,
Sussex County,

Coroners.
Thomas James,

Evan Jones,
Joshua Thompson,
John Dough arty,
Alexander Love,
John McClure,
William Boone,
Jasper Scull,
Robert Morrison,
French Battle,
John Spencer.

At a Council held at Philadelphia, Tuesday the 16th of October,
1753.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

John Penn,
Robert Strettell,
Joseph Turner,

Thomas Lawrence
Benjamin Shoemaker
Richard Peters,

,Lis

quirt

The Minutes of the preceding Council were read and approved.

Five Members of Assembly waited on the Governor to acquaint
him that the House was met and had chosen their Speaker, and
desired to know when they might present him. His Honour ap-
pointed Twelve o' Clock the next Day in the Council Chamber;
and the Council being accordingly met at that time, the Governor
sent the Secretary with a Message that he was ready in the Council
Chamber to receive the House, — Who immediately came and pre-
sented Isaac Norris as their Speaker, who after praying the usual
Privileges, which were conceded, withdrew.

The Record of the Conviction of Thomas Ruth, tryed at the Su-
pream Court on the twelfth Instant for the Murder of Charles
Quigg, was read, and a Warrant ordered for his Execution on next
Saturday, being the Twentieth Instant, which was signed by his
Honour.

A Petition from Alexander Maginty, Indian Trader, and like-
wise his Deposition taken before the Chief Justice, were read and
ordered to entered, and he recommended to the Assembly as a

PROVINCIAL COUNCIL. 663

Person in great Distress, and that they would allow him some Re-
lief:

" To the Honourable the Governor and Council of the Province of
Pennsylvania ,

" The Petition of Alexander Maginty, of Cumberland County,
Indian Trader, Humbly Shews:

" That on the Twenty-Sixth of January last, your Petitioner in
Company with Six other Indian Traders being on their Return
from a Trading Journey amongst the Cuttawas, an Indian Nation
within the Territories of Carolina, was met and taken Prisoner by
a Party of French Indians, who took from your Petitioner in
Goods, Skins, and Horses, to the Value of Two Hundred and
Twenty Pounds, being all that your Petitioner had in the World,
and was even stripped of all his Clothes ; and being now reduced
to extream Poverty and Want,

" Your Petitioner most humbly entreats your Honours to com-
miserate his distressed Condition and to give or order him some Re-
lief that (being entirely destitute of money's) he may be enabled
to purchase some cloathes and to defray the Expence of his journey
home.

" And your Petitioner will ever pray, &c.

" ALEXANDER MAGINTY.

" The Deposition of Alexander Maginty, of Cumberland County,
Indian Trader, taken on Oath before William Allen, Esquire, Chief
Justice of the Province of Pennsylvania, at Philadelphia, the
Twelfth Day of October, One Thousand Seven Hundred and Fifty-
Three, Who saith :

u That this Deponent with Six other Traders, vizn:, David Hen-
dricks, Jacob Evans, William Powel, Thomas Hyde, and James
Lowry, all of the Province of Pennsylvania, and Jabez 'Evans, of
the Province of Virginia, being on their Return from Trading with
the Cuttawas, a nation who live in the Territories of Carolina, were
on the Twenty-Sixth Day of January last attacked and taken
Prisoners by a company of Coghnawagos, or French Praying In-
dians, from the River Saint Lawrence, being in Number Seventy
(with whom was one white man called Philip, a Low Dutchman),
at a Place about Twenty-Five Miles from the Blue Lick Town, and
on the South Bank of Cantucky River, which empties itself into
Allegheny River about Two Hundred Miles below the Lower Shawa-
nese Town, this Deponent and the said Six Traders having then
with them in Goods, Skins, and Furs, to the value of Seven Hun-
dred Pounds, Pennsylvania money, which were all taken away from
them by the said French Indians. That from thence the said De-
ponent with the said David Hendricks, Jacob Evans, William Pow-
ell, Thomas Hyde, and Jabez Evans (the said James Lowry having

664 MINUTES OF THE

made his Escape soon after they were taken as aforesaid and returned
into Pennsylvania as this Deponent hath since heard), were carried
by the said Indians to a French Fort on the Miamis or Twightwee
River, and from thence to Fort De Troit, and there the said Jacob
Evans and Thomas Hyde (as they informed this Deponent at the
said Fort) were sold by the said Indians to Monsieur Celoron,
Comandant of that Fort. And this Deponent with the said David
Hendricks and Jabez Evans were carried forward by the Lake Erie
to Niagara, and so through Lake Ontario to the City of Mont Ileal
and there brought before the General of Catnada, who said he wou'd
have nothing to do with them for they were the Indian's Prisoners
and at their Disposal. That the said Jacob Evans, Thomas Hyde,
and William Powel, were also afterwards sent to Montreal, where
this Deponent saw the said Jacob Evans and Thomas Hyde in Pri-
son, but were sometime after sent away to Old France, as this De-
ponent was told at Montreal. That the said William Powel was
sent to Canessatawba Town, Twenty-Six Miles from Montreal, and
this Deponent to a small Indian Town in the Neighbourhood of Mon-
treal, where he was kept a Prisoner by the said Indians who took
him, but was sometimes permitted to go to Montreal.

"That the Indians of the Town where he was Prisoner, near
Montreal, told him that there should not be a White Man of the
English Nation on Ohio before the next Cold, meaning the Winter,
for the Land was their Father's the French, and no Englishman
should remain there.

" That in their Passage from Fort De Troit to Niagara in March
last they met on Lake Erie Seven Battoes at one time and fifteen at
another; and afterwards in their Passage from Niagara to Montreal
they saw on Lake Ontario one hundred and sixty Battoes, or up-
wards ) in all which Battoes were embarked French Soldiers with
Arms and Ammunition, some of them having twelve, some ten, and
some eight' Men on board.

" ALEXANDER, MAGINTY.

" Sworn before me,

" WILL. ALLEN, Chief Justice."

MEMORANDUM.

On the Seventeenth October, 1754, Two Members waited on the
Governor with a Message from the House that they enclined to
adjourn to the Fourteenth of January, but on the Governor's saying
that the Time proposed would not suit him, and their reporting this
Answer to the House, the Time was altered to the Fourth Day of
February.

PROVINCIAL COUNCIL. 66

At a Council held at Philadelphia, Wednesday the 14th November,
1753.

PRESENT I

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

John Penn, Benjamin Shoemaker, \ -™

Joseph Turner, Richard Peters, j "

The Minutes of the preceding Council were read and approved.

The Commissioners appointed to hold a Treaty with the Ohio
Indians at Carlisle made their Report to the Governor, which was
read, approved, and ordered to be entered :

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor and Commander-in-Chief of the Province of Pennsyl-
vania and Counties of Newcastle, Kent, and Sussex, upon Del-
aivare,

11 The Report of Richard Peters, Isaac Norris, and Benjamin
Franklyn, Esquires, Commissioners appointed to treat with some
Chiefs of the Ohio Indians at Carlisle, in the County of Cumber-
land, by a Commission bearing Date the twenty-second Day of
September, 1753.

" May it please the Governor :

" Not knowing but the Indians might be waiting at Carlisle, We
made all the Dispatch possible as soon as We had received our
Commission, and arrived there on the Twenty-Sixth, but were
agreeably surprized to find that they came there only that Day.

" Immediately on our Arrival We conferred with Andrew Mon-
tour and George Croghan, in order to know from them what had
occasioned the present coming of the Indians, that We might by
their Intelligence regulate our first Intercourse with them; and
were informed that tho; their principal Design when they left Ohio
was to hold a Treaty with the Government of Virginia at Win-
chester, where they had accordingly been, yet they intended a visit
to this Province, to which they had been frequently encouraged by
Andrew Montour, who told them he had the Governor's repeated
Orders to invite them to come and see him, and assured them of an
hearty Welcome ; and that they had moreover some important
matters to propose and transact with this Government.

" The Commissioners finding this to be the Case, and that these
Indians were some of the most considerable Persons of the Six Na-
tions, Delawares, Shawonese, with Deputies from the Twightwees
and Owendats, met them in Council, in which the Commissioners
declared the Contents of their Commission, acknowledged the Gov-
ernor's Invitation, and bid them heartily welcome among their
Brethren of Pennsylvania, to whom their visit was extremely agree-
able, Conrad Weiser and Andrew Montour interpreting between the

666 MINUTES OF THE

Comissioners and Indians and several Magistrates and Others of the
principal Inhabitants of the County favouring them with their Pre-
sence.

"The Twightwees and Delawares having had several of their great
Men cut off by the French and their Indians, and all the Chiefs of
the Owendats being lately dead, it became necessary to condole their
Loss, and no Business could be begun agreeable to the Indian Cus-
toms till the Condolances were passed, and as these could not be
made with the usual Ceremonies for want of the Goods, which were
not arrived, and it was uncertain when they would, the Commission-
ers were put to some Difficulties and ordered the Interpreters to
apply to Scarrowyady, an Oneiclo Chief, who had the Conduct of the
Treaty in Virginia and was a Person of great Weight in their Coun-
cils, and to ask his Opinion whether the Condolances would be ac-
cepted by Belts and Strings and Lists of the particular Goods in-
tended to be given, with Assurances of their Delivery as soon as
they should come. Scarrowyady was pleased with their Applica-
tion, but frankly declared that the Indians could not proceed to
Business while the Blood remained on their Garments, and that the
Condolances could not be accepted unless the Goods intended to cover
the Graves were actually spread on the Ground before them. A
Messenger was therefore forthwith sent to meet and hasten . the
Waggoners, since every Thing must stop till the Goods came.

" It was then agreed to confer with Scarrowyady and some others
of the Chiefs of the Shawonese and Delawares on the State of Af-
fairs at Ohio, and from them the Commissioners learned in sundry
Conferences the following Particulars, viz'-:

" That when the Governor of Pennsylvania's Express arrived at
Ohio with the Account of the March of a large French Army to
the Heads of Ohio, with Intent to take Possession of that Country,
it alarmed the Indians so much that the Delawares at Weningo, an
Indian Town situate high up on Ohio River, went agreeable to a
Custom established among the Indians and forbad by a formal
Notice the Commander of that Armament then advanced to the
Straits between Lake Ontario and Lake Erie to continue his March,
at least not to presume to come farther than Niagara. This had
not, however, any Effect ; but notwithstanding this Notice the
French continued their March, which being afterwards taken into
Consideration by the Council at Log's Town, they ordered some of
their principal Indians to give the French a second Notice to leave
their Country and return home ; who meeting them on a Iliver
running into Lake Erie a little above Weningo, addressed the
Commander in these Words :

u The Second Notice delivered to the Commander of the French

Army then near Weningo.
" ' Father Onontio —

" ' Your Children on Ohio are alarmed to hear of your coming so

PROVINCIAL COUNCIL. 667

far this Way. We at first heard You came to destroy Us ; our
Women left off planting and our Warriors prepared for War. We
have since heard You came to visit Us as Friends, without Design
to hurt Us, but then we wondered You came with so strong a Body.
If you have had any Cause of Complaint You might have spoke to
Onas or Corlaer (meaning the Governors of Pennsylvania and New
York) and not come to disturb Us here. We have a Fire at Log's
Town, where are the Delawares and Shawonese, and Brother Onas ;
You might have sent Deputies there and said openly what you came
about if you had thought amiss of the English being there ; and
We invite You to do it now, before you proceed any further.

" The French Officer's Ansioer.
" « Children :

'"I find you come to give me an Invitation to your Council Fire,
with a Design, as I suppose, to call me to Account for coming here.
I must let you know that my heart is good to you; I mean no hurt
to you ; I am come by the great King's Command to do you, my
Children, Good; You seem to think I carry my Hatchet under my
Coat; I alway carry it openly, not to strike you but those that
shall oppose me. I cannot come to your Council Fire, nor can I
return or stay here ; I am so heavy a Body that the Stream will
carry me down, and down I shall go unless you pull off my arm.
But this I will tell you, I am commanded to build Four Strong
Houses, viz. : at Weningo, Mohongialo Forks, Log's Town, and
Beaver Creek, and this I will do. As to what concerns Onas and
Assaragoa (meaning the Governors of Pennsylvania and Virginia)
I have spoke to them and let them know they must go off the Land
and I shall speak to them again; if they will not hear me it is their
own Fault, I will take them by the arm and throw them over the
Hills ; All the Land and Waters on this side Allegheny Hills are
mine, on the other side their' s ; this is agreed on between the two
Crowns over the great Waters. I do not like your selling your
Lands to the English, they shall draw you into no more foolish Bar-
gains. I will take care of your Lands for you, and of you. The
English give you no Goods but for Land. We give you our Goods
for nothing.'

" We were further told by Scarrooyady that when the Answer to
this Message was brought to Log's Town, another Council was held
consisting of the Six Nations, Delawares, and Shawonese, who
unanimously agreed to divide themselves into Two Parties, One to go
to Virginia and Pennsylvania with Scarrooyady, and the other to go
with the Half King to the French Commander, who had it in Charge
to make the following Declaration as their Third and last Notice :

" The Third Notice delivered oy the Half King to the Gom-

mander of the French Forces.
«< Father:

" ' You say you cannot come to our Council Fire at Log's Town,

668 MINUTES OF THE

we therefore now come to You to know what is in your Heart. You
remember when You were tired with the War (meaning Queen
Ann's War) You of your own Accord sent for Us, desiring to make
Peace with Us. When We came You said to Us, Children We
make a Council Fire for You — We want to talk with You, but We
must first eat all with one Spoon out of this Silver Bowl, and all
drink out of this Silver Cup — Let Us exchange Hatchets — Let Us
bury our Hatchets in this bottomless Hole — and now We will make
a plain Road to all your Countries so clear that Onontio may sit
here and see You all eat and drink out of the Bowl and Cup which
he has provided for You. Upon this Application of yours We
consented to make Peace, and when the Peace was concluded on
both Sides You made a Solemn Declaration, saying, Whoever shall
hereafter transgress this Peace, let the Transgressor be chastised
with a Bod, even tho' it be I your Father.

" 'Now, Father, notwithstanding this solemn Declaration of Yours,
You have whipped several of your Children j You know best why.
Of late You have chastised the Twightwees very severely without
telling Us the Beason, and now you are come with a strong Band on
our Land, and have contrary to your Engagement taken up the
Hatchet without any previous Parley. These things are a Breach of
the Peace; they are contrary to your own Declarations. Therefore
now I come to forbid You. I will strike over all this Land with
my Bod, let it hurt who it will. I tell you in plain Words You
must go off this Land. You say You haye a strong Body, a strong
Neck, and a strong Voice, that when You speak all the Indians
must hear You. It is true You are a strong Body and ours is but
weak, yet We are not afraid of You. We forbid you to come any
further ; turn back to the Place from whence You came/

" Scarrooyady, who was the speaker in these Conferences, when
he had finished this Relation gave his Beason for setting forth these
three Messages to the French in so distinct a manner ; ' because/
said he, ' the great Being who lives above, has ordered Us to send
Three Messages of Peace before We make War ; And as the Half
King has before this Time delivered the third and last Message,
We have nothing now to do but to strike the French.'

" The Commissioners were likewise informed by Mr. Croghan
that the Ohio Indians had received from the Virginia Government
a large number of Arms in the Spring, and that at their pressing
Instances a suitable Quantity of Ammunition was ordered in the
Treaty at Winchester to be lodged for them in a Place of Security
on this Side the Ohio, which was committed to the Care of three
Persons, viz1': Guest, William Trent, and Andrew Mon-
tour, who were impowered to distribute them to the Indians as their
Occasion and Behaviour should require. That all the Tribes set-
tled at or near Allegheny would take their Measures from the
Encouragement which these Indians should find in the Province of

PROVINCIAL COUNCIL. 669

Virginia, and that the kind Intentions of this Government in the
Appropriation of a large Sum of Money for the Use of these In-
dians, in case they should be distressed by their Enemies and their
Hunting and Planting prevented, were well known to them by the
repeated Informations of Andrew Montour and the Traders.

" Conrad Weiser, to whom it was earnestly recommended by the
Commissioners to procure all Information possible from the Indians
of his Acquaintance touching their Condition and Disposition, and
the real Designs of the French, did likewise acquaint Us that all
Persons at Ohio would have their Eyes on the Reception of those
Indians now at Carlisle, and judge of the Affection of this Province
by their Treatment of them; and that as the intended Present was
no Secret to those Indians, it was his Opinion that the Whole should
at this time be distributed, for if anything can such a generous
Donation must needs attach the Indians entirely to the English.

" These several Matters being taken into Consideration by the
Commissioners, and the Governor having given them express Direc-
tions to accommodate themselves to the Circumstances of the Indians,
as they should appear in examining them at the Place of Treaty,
We were unanimously of opinion that an addition should be made
to the Goods bought at Philadelphia, in which a Regard should be
had to such articles as were omitted or supplied in less Quantities
than was suitable to the present Wants of the Indians. On this
Resolution the Lists of Goods were examined, and an additional
Quantity bought of John Carson at the Philadelphia Price and usual
Rate of Carriage.

" During these Consultations it was rumoured that the Half King
was returned to Log's Town, and had received an unsatisfactory
answer, which was confirmed, but not in such manner as could be
positively relied on by a Brother of Andrew Montour and another
Person who came directly from Allegheny. This alarmed the Com-
missioners, and made them willing to postpone Business till they
should know the certainty thereof, judging that if the Half King
was returned he would certainly send a Messenger Express to Car-
lisle with an Account of what was done by him, and from this the
Commissioners might take their Measures in the Distribution of the
Present.

" A Letter wrote by Taaf and Callender, two Indian Traders,
dated the twenty-eight Day of September, from a Place situate a
little on this side Allegheny River, directed to William Buchannan,
was given him in the morning of the first Day of October, and he
immediately laid it before the Commissioners for their Perusal. In
this Letter an Account is given that the Half King was returned,
and had been received in a very contemptuous manner by the French
Commander, who was then preparing with his Forces to come down
the River, and that the Half King on his Return shed Tears, and had
actually warned the English Traders not to pass the Ohio, nor to

670 MINUTES OF THE

venture cither their Persons or their G-oods, for the French would
certainly hurt them. On this news the Conferences with Scarroo-
yady and the Chiefs of the Sis Nations, Delawares and Shawonese,
were renewed, and the Letter read to them, at which they appeared
greatly alarmed, but after a short pause Scarrooyady addressing him-
self to the Delawares and Shawonese spo^e in these words :
" ' Brethren and Cousins :

" \ I look on this Letter as if it had been a Message from the
Half King himself. We may expect no other Account of the Re-
sult of his Journey \ However I advise You to be still, and neither
say nor do anything till We get home and I see my Friend and
Brother the Half King, and then We shall know what is to be
done.

" i The Forms of the Condolances, which depend entirely on
Indian Customs, were settled in Conferences with Scarrooyady;
and Cayanguileguoa, a sensible Indian of the Mohock Nation, and
a Person intimate with and much consulted by Scarrooyady, in
which it was agreed to take the Six Nations along with Us in these
Condolances; and accordingly the proper Belts and Strings were
made ready, and Scarrooyady prepared himself to express the Sen-
timents of both in the Indian Manner. And as the Goods arrived
this Morning before Break of Day the several Sorts used on those
Occasions were laid out, and the Indians were told that the Com-
missioners would speak to them at eleven a' Clock/ v

"At a Meeting of the Commissioners and Indians at Carlisle
the 1st October, 1753.

cc

PRESENT :

" Richard Peters, ")

" Isaac Norris, V Esquires, Commissioners.

" Benjamin Franklyn, )
u The Deputies of the Six Nations, Delawares, Shawonese,
Twightwees, and Owendats.

" Conrad Weiser, K . , ,
" Andrew Montour, j P

« John Amstig, } EsCluireS> Members of AssemhlS-
" The Magistrates and several other Gentlemen and Freeholders
of the County of Cumberland.

a The Speech of the Commissioners.
" ' Brethren — Six Nations, Delawares, Shawonese, Twightwees,
and Owendats :

" i Though the City of Philadelphia be the Place where all In-

PROVINCIAL COUNCIL. 671

dians should go who have Business to transact with this Govern-
ment, yet at your Request signified to Col. Fairfax at Winchester,
and by him communicated to our Governor by an Express to Phila-
delphia, he has been pleased on this particular Occasion to dispense
with your coming there, and has done Us the Honour to depute Us
to receive and treat with You at this Town in his Place and Stead.
This is set forth in his Commission, which We now produce to You
under the Great Seal of this Province, the authentick Sign and
Testimony of all Acts of Government.
" < Brethren :

'- 'By this String We acquaint You that the Six Nations do, at
our Request, join with Us in condoling the Losses You have of
late sustained by the Deaths of several of your Chiefs and prin-
cipal Men, and that that Scarrooyady is to be deliver for both what
has been agreed to be said on this melancholy occasion/

" Here the Commissioners gave a String of Wampum.

"Then Scarryooyady spoke as follows:
" c Brethren the Twightwees and Shawonese :

" It has pleased Him who is above that We shall meet here to-
day and see one another. I and my Brother Onas join together to
speak to You, as We know that your Seats at home are bloody.
We wipe away the Blood and set your Seats in Order at your
Council Fire, that You may sit and consult again in Peace and
Comfort as formerly, that You may hold the antient Union and
strengthen it, and continue your old friendly Correspondence.'

" Here a String was given.
" ' Brethren Twightwees and Shawonese:

"'We suppose that the Blood is now washed off. We jointly
with our Brother Onas dig a Grave for your Warriors killed in
your Country, and we bury their Bones decently, wrapping them
up in these Blankets, and with these we cover their Graves/

" Here the Goods were given to the Twightwees and Shawonese.
" ' Brethren Twightwees and Shawonese :

tllI and my Brother Onas jointly condole with the Chiefs of
your Towns, your Women and Children, for the loss you have sus-
tained. We partake of your Grief and mix our Tears with yours.
We wipe your Tears from your Eyes that you may see the Sun,
and that every thing may become clear and pleasant to your Sight,
and We desire you would mourn no more/

" Here a Belt was given.

" The same was said to the Belawares, mutatis mutandis.

" And then he spoke to the Owendats in these Words :
" ' Our Children and Brethren the Owendats :

" ' You have heard what I and my Brother Onas have jointly said

672 MINUTES OF THE

to the Twightwees, Shawonese, and Delawares. We now come to
speak to you. We are informed that your good old wise men are
all dead, and you have no more left.

" ' We must let You know that there was a Friendship established
by our and your Grandfathers, and a mutual Council Fire was
kindled. In this Friendship all those then under the Ground, who
had not yet obtained Eyes or Faces (that is, those unborn), were
included, and it was then mutually promised to tell the same to
their Children and Children's Children. But so many great Men
of your Nation have died in so short a time that none but Youths
are left, and this makes Us afraid lest that Treaty so solemnly es-
tablished by your Ancestors should be forgotten by you. We
therefore now come to remind you of it and renew it. We rekindle
the old Fire and put on Fresh Fuel/

"Here a String was given.

"The other Speeches of burying the Dead, &ca,» were the same
as those to the Twightwees, &ca-

" After each had been spoken to, Scarrooyady proceeded thus :
" ' Brethren Delawares, Shawonese, Twightwees, and Owendats :

" ' We the English and Six Nations do now exhort every one
of you to do your utmost to preserve this Union and Friendship
which has so long and happily continued among Us — Let us keep
the Chain from rusting and prevent every thing that may hurt or
break it, from what Quarter soever it may come/

" Then the Goods alloted for each Nation as a Present of Con-
dolence were taken away by each, and the Council adjourned to the
next day.

" At a Meeting of the Commissioners and Indians at Carlisle the
Second Day of October, 1753,

" PRESENT I

aThe Commissioners.

" The same Indians as Yesterday.

" The Magistrates and several Gentlemen of the County.

u The Speech of the Commissioners.

u l Brethren — Six Nations, Delawares, Shawonese, Twightwees,
and Owendats :

" l Now that your Hearts are eased of their Grief and we behold
one another with chcarful Countenances, We let you know that the
Governor and good People of Pennsylvania did not send us to re-
ceive you empty handed, but put something into our pockets to be
given to such as should favour us with this Friendly Visit. These
Goods We therefore request You would accept of and divide

PROVINCIAL COUNCIL. 673

amongst all that are of your Company in such Proportions as shall
be agreeable to you. You Know how to do this better tharrWe.
What We principally desire is, that You will consider this Present
as a Token of our cordial Esteem for You, and use it with a Fru-
gality becoming your Circumstances, which call at this time for
more than ordinary Care.

u f Brethren :

" ' With Pleasure We behold here the Deputies of Five different
Nations, vizf- : the United Six Nations, the Delawares, the Shawo-
nese, the Twightwecs, and the Owendats. Be pleased to cast your
Eyes towards this Belt, whereon Six Figures are deleniated holding
one another by the Hands. This is a just Resemblance of our
present Union, The Five first Figures representing the Five Nations
to which You belong, as the Sixth does the Government of Penn-
sylvania, with whom You are linked in a close and firm Union. In
whatever Part the Belt is broke all the Wampum runs off and 'ren-
ders the Whole of no Strength or Consistency. In like manner
should You break Faith with one another or with this Government,
the Union is dissolved. We would, therefore, hereby place before
You the Necessity of preserving your Faith entire to one another as
well as to this Government. «Do not seperate. Do not part on any
Score. Let no Differences nor Jealousies subsist a Moment between
Nation and Nation, but join all together as one man sincerely and
heartily. We on our Part shall always perform our Engagements
to every one of You. In Testimony whereof We present You with
this Belt.'

"Here the Belt was given.
" ' Brethren :

" ( We have only this one thing further to say at this Time :
Whatever Answers You may have to give or Business to transact
with Us, We desire You would use Dispatch, as it maybe dangerous
to You and incommodious to Us to be kept long from our Homes at
this Season of the Year/

"At a Meeting of the Commissioners and Indians the Third Day
of October, 1753.

"present :
" The Commissioners.
" The same Indians as before.
" Several Gentlemen of the County. '
" Scarrooyady Speaker.
" ' Brother Onas :

" ' What We have now to say I am going to speak in Behalf of
the Twightwees, Shawonese, Delawares, and Owendats.
vol. v. — 43.

674 MINUTES OF THE

" ' You have like a true and affectionate Brother comforted Us in
our Affliction. You have wiped away the Blood from our Seats and
set them again in Order. You have wrapped up the Bones of our
Warriors and covered the Graves of our Wise Men, and wiped the
Tears from our Eyes and the Eyes of our Women and Children, So
that We now see the Sun and all Things are become pleasant to our
Sight. We shall not fail to acquaint our several Nations with your
Kindness. We shall take Care that it be always remembered by
Us, and believe it will be attended with suitable Returns of Love
and Affection.'

" Then One of the Twightwees stood up and spoke as follows
(Scarrooyady Interpreter) :

" 'Brother Onas —

" ' The Ottawas, Cheepaways, and the French have struck Us.
The Stroke was heavy and hard to be born, for thereby We lost our
King and several of our Warriors, but the Loss our Brethren the
English suffered We grieve for most. The Love We have had for
the English from our first Knowledge of them still continues in our
Breasts, and We shall ever retain the same ardent Affection for them.
We cover the Graves of the English with this Beaver Blanket. We
mourn for them more than for our own People.'

" Here he spread on the Floor some Beaver Skins sewed together
in the Form of a large Blanket.

" Then Scarrooyady spoke as follows :
" ' Brother Onas :

" ( I speak now on Behalf of all the Indians present in answer to
what you said when you gave Us the Goods and Belt. What you
have said to us yesterday is very kind and pleases us exceedingly.
The Speech which accompanied the Belt is particularly of great
Moment. We will take the Belt home to Ohio where there is a
greater and wiser Council than Us, and consider it and return you a
full Answer. We return you thanks for the Present.'

"Gave a String.
" i Brother Onas :

" l Last Spring when You heard of the March of the French Army
You were so good as to send us word that we might be on our Guard.
We thank you for this friendly Notice.
u ' Brother Onas :

" t Your People not only Trade with Us in our Towns but disperse
themselves over a large and wide-extended Country in which reside
many Nations j At one End live the Twightwees and at the other End
the Caghnawagas and Adirondacks j these you must comprehend in
your Chain of Friendship — they are and will be your Brethren, let
Onontio say what he will.'

" Gave a String.

PROVINCIAL COUNCIL. 675

" < Brother Onas :

iUI desire You would bear and take Notice of what I am about to
say now. The Governor of Virginia desired leave to build a strong
House on Ohio which came to the Ears of the Governor of Canada;
and we Suppose this caused him to invade our Country. We do not
know his Intent, because he speaks with two Tongues. So soon as
we know his Heart We shall be able to know what to do, and shall
speak accordingly to him. We desire that Pennsylvania and Vir-
ginia would at present forbear settling on our Lands over the Alle-
gheny Hills. We advise you rather to call your People back on
this side the Hills lest Damage should be done and you think ill of
us. But to keep up our Correspondence with our Brother Onas
we will appoint some place on the Hills or near them j and We do
appoint George Croghan on our Part, and desire you to appoint
another on your Part by a formal writing under the Governor's Hand.
Let none of your People settle beyond where they are now, nor on
the Juniata Lands, till the aifair is settled between Us and the French.
At present George Croghan' s House at Juniata may be the Place
where any thing may be sent to Us. We desire a Commission may
be given to the Person entrusted by the Government of Pennsyl-
vania, and that he may be directed to warn People from settling
the Indian Lands, and empowered to remove them/

"Gave a Belt and String.
" ' Brother Onas :

" ' All we who are here desire You will hear what we are going
to say and regard it as a Matter of Moment. The French look on
the great Number of your Traders at Ohio with Envy; they fear
they shall lose their Trade. You have more Traders than are ne-
cessary, and they spread themselves over our wide Country at such
great Distances that we cannot see them or protect them. We
desire you will call back the great number of your Traders, and let
only Three Setts of Traders remain, and order these to stay in
Three Places which we have appointed for their Residence, viz.,
Log's Town, the Mouth of Canawa, and the Mouth of Mohongialo.
The Indians will then come to them and buy their Goods in these
Places and nowhere else. We shall likewise look on them under
our Care, and shall be accountable for them. We have settled this
Point with Virginia in the same manner/

"Gave a String.

" < Brother Onas :

" ' The English Goods are sold at too dear a Rate to Us. If only
honest and sober men were to deal with Us We think they might
afford the Goods cheaper. We desire, therefore, that You will take
effectual care hereafter that none but such be suffered to come to
trade with Us/

"Gave a String.

676 MINUTES OF THE

" ' Brother Onas :

" ' Your Traders now bring scarce any thing but Rum and Flour;
They bring little Powder and Lead or other valuable Goods. The
Bum ruins Us. We beg you would prevent its coming in such
Quantities by regulating the Traders. We never understood the
Trade was to be for Whiskey and Flour. We desire it may be for-
bidden, and none sold in the Indian country; but that if the Indians
will have any they may go among the Inhabitants and deal with
them for it. When these Whiskey Traders come they bring thirty
or forty Caggs and put them down before Us and make Us drink,
and get all the Skins that should go to pay the Debts We have
contracted for Goods bought of the Fair Traders, and by this means
We not only ruin Ourselves but them too. These wicked Whiskey
Sellers when they have once got the Indians in Liquor make them
sell their very Clothes from their Backs. In short, if this Practice
be continued We must be inevitably ruined. We most earnestly,
therefore, beseech You to remedy it/

" A treble String.

" ' Brother Onas :

" 'I have now done with generals, but have something to say for
particular Nations.

" ' The Shawonese heard some News since they came here which
troubled their Minds, on which they addressed themselves to their
Grandfathers the Delawares, and said : Grandfathers, We will live
and die with You and the Sis Nations; We, our Wives and Children,
and Children yet unborn.'

" N. B. — This was occasioned by Conrad Weiser's having told
them in private Conversation that while he was in the Mohock
Country he was informed that the French intended to drive away
the Shawonese (as well as the English) from Ohio.

" Scarrooyady then proceeded and said, 'I have something fur-
ther to say on Behalf of the Shawonese.

"'Brother Onas:

a ' At the Beginning of the Summer, when the News was brought
to Us of the Approach of the French, the Shawonese made this
Speech to their Uncles the Delawares, saying: ' Uncles, You have
often told Us that We were a sensible and discreet People, but We
lost all our Sense and Wits when we slipp'd out of your Arms ;
however, We are now in one another's Arms again, and hope We
shall slip out no more. We remember and are returned to our
former Friendship, and hope it will always continue. In Testimony
whereof Wc give You, our Uncles, a String of Ten Rows '

"The Shawonese likewise at the same time sent a Speech to the
Six Nations, saying : * Our Brethren, the English, have treated Us as
People that had Wit; the French Deceived Us; but We now turn

PROVINCIAL COUNCIL. 677

our Heads about and are looking perpetually to the Country of the
Six Nations and our Brethren the English, and desire you to
make an Apology for Us; and they gave Eight Strings of Wam-
pum/ The Delawares and Six Nations do, therefore, give up these
Strings to Onas, and recommend the Shawonese to him as a People
who have seen their Error, and are their and our very good Friends.

" Grave Eight Strings.
" ' Brother Onas :

(tt Before I finish I must tell You We all earnestly request You
will please to lay all our present Transactions before the Council
of Onondago, that they may know We do nothing in the dark. They
may perhaps think of Us as if We did not know what We were
doing, or wanted to conceal from them what we do with our Breth-
ren, but it is otherwise, and therefore make them acquainted with
all our Proceedings. This is what We have likewise desired of the
Virginians when We treated with them at Winchester.

" i Brother Onas :

"'I forgot something which I must now say to You; It is to
desire you would assist Us with some Horses to carry our Goods,
because You have given Us more than We can carry Ourselves.
Our Women and young People present you with this Bundle of
Skins, desiring some Spirits to make them chearful in their Own
Country — not to drink here/

" Presented a Bundle of Skins.

" Then he added :

" * The Twightwees intended to say something to You, but they
have mislaid some Strings, which has put their Speeches into Dis-
order; these they will rectify and Speak to you in the Afternoon/

" Then the Indians withdrew.

u At a Meeting of the Commissioners and Indians, the Third
Day of October, 1753.— P. M.

a

PRESENT

" The Commissioners.

" The same Indians as before.

" The Magistrates and several Gentlemen of the County.

" The Twightwees speak by Andrew Montour.
" < Brother Onas :

u c Hearken to what I have to say to the Six Nations, Delawares,
Shawonese, and English.

" 'The French have struck us; but though we have been hurt it
is but on one Side — the other side is safe. 0 ur arm on that side
is entire, and with it we laid hold on our Pipe and have brought it

678 MINUTES OF THE

along with Us to shew You it as good as ever, and we shall leave it
with you that it may be always ready for us and our Brethren to
smoke in when we meet together/

" Here he delivered over the Calumet decorated with fine
Feathers.
" ' Brother Onas :

" ' We have a single Heart — We have hut one Heart. Our
Heart is green and good and sound. This Shell painted Green
on its hollow Side is a Resemblance of it.

" ' The Country beyond us towards the Setting of the Sun where
the French live is all in Darkness — We can see no Light there.
But towards Sun rising where the English live we see Light, and
that is the way We turn our Faces. Consider us your fast Friends
and good Brethren/

" Here he delivered a large Shell painted green on the Concave
Si<Je, with a String of Wampum tied to it.
" 'Brother Onas :

"'This Belt of Wampum was formerly given to the King of the
Piankashas, one of our /Tribes, by the Six Nations, that if at any
time any of our People should be killed or any attack made on
them by their Enemies, this Belt should be sent with the News, and
the Six Nations would believe it/

" The Twightwees, when they brought this Belt to the Lower
Shawonese Town, addressed themselves to the Shawonese, Six Na-
tions, Delawares, and then to the English, and said :
"'Brethren:

" ' We are an unhappy People. We have had some of our
Brethren the English killed and taken Prisoners in our Towns.
Perhaps our Brethren the English may think or be told that we
were the cause of their Death. We therefore apply to you the
Shawonese, &ca- to assure the English we were not. The attack
was so sudden that it was not in our Power to save them. And
we hope when you deliver this Speech to the English they will not
be prejudiced against Us, but look on Us as their Brethren. Our
Hearts are good towards them/

" A. large Belt of fourteen Bows.
" ' Brethren :

" 'One of our Kings on his Death Bed delivered to his Son, the
young Boy who sits next to me, these eight Strings of Wampum,
and told him, l Child, I am in Friendship with the Shawonese,
Delawares, Six Nations, and English, and I desire you, if by any
misfortune I should happen to die, or be killed by my Enemies,
.You would send this String to them, and they will receive You in
Friendship in my Stead/

" Delivers the Strings.

PROVINCIAL COUNCIL. 679

<c The following is a Speech of the Wife of the Piankasha King,
after her Husband's Death, addressed to the Shawonese, Six Na-
tions, Delawares, and English : ' Remember, Brethren, that my
Husband took a fast Hold of the Chain of Friendship subsisting
between your Nations. Therefore I now deliver up his Child into
your Care and Protection, and desire You would take Care of him,
and remember the Alliance his Father was in with You, and not
forget his Friendship but continue kind to his Child/

" Gave Four Strings, black and White.
ut Brethren Shawonese, Delawares, Six Nations, and English:

"'We acquaint all our Brethren that We have prepared this
Beaver Blanket as a Seat for all our Brethren to sit on in Council.
In the middle of it We have painted a green Circle, which is the
Colour and Resemblance of our Hearts, which We desire our
Brethren may believe are sincere towards our Alliance with them/

" Delivered a Beaver Blanket.

" Then Scarrooyady stood up and said :
a f Brother Onas :

" ' The Shawonese and Delawares delivered this Speech to the
Six Nations, and desired they would deliver it to the English, and
now I deliver it on their Behalf :

" ' Brethren :

" \ We acquaint You that as the Wife of the Piankasha King de-
livered his Child to all the Nations to be taken Care of, they desire
that those Nations may be interceeded with to take care that the
said Child may be placed in his Father's Seat, when he comes to
be a man, to rule their People. And the Six Nations now, in be-
half of the whole, request that this Petition may not be forgot by
the English, but that they would see the Request fulfilled/

u Gave Four Strings.

" Then Scarrooyady desired the Six Nations' Council might be
made acquainted with all these Speeches; And added, that they had
no more to say, but what they have said is from their Hearts."

" At a Meeting of the Commissioners and Indians the Fourth Day
of October, 1753.

PRESENT

" The Commissioners.

" The same Indians as before,

"The Gentlemen of the County.

(t The Commissioners unwilling to lose any Time prepared their

680 MINUTES OF THE

Answers early this morning and sent for the Indians, who having
seated themselves the following Speech was made to them :

u i Brethren, Six Nations, Delawares, Shawonese, Twightwees,
and Owendats —

'"The several Matters delivered by You Yesterday have been
well considered, and We are now going to return You our Answers.

"'The Concern expressed by the Twightwees for the Death and
Imprisonment of the English, with their Professions of Love and
Esteem, denotes a sincere and friendly Disposition which entitles
them to our thanks and the Continuance of our Friendship, this
they may certainly depend on.'
" < Brethren :

" t You have recommended to Us the several Nations who, You
say, live in that great Extent of Country over which our Traders
travel to dispose of their Goods, and especially the Twightwees,
Adirondacks, and Caghnawagas, who, You say, live at different
Extremities and have good Inclinations towards the English. We
believe You would not give them this Character unless they deserved
it. Your Becommenclations always will have a Weight with Us,
and will dispose Us in Favour of them agreeable to your Bequest.'
" l Brethren :

'"The several Articles which contain your observations on the
Indian Traders, and the loose stragling manner in which that Trade
is carried on thro' Countreys lying at great Distances from your
Towns, Your Proposals to remedy this by having named three
Places for the Traders to reside in under your Care and Protection,
with a Bequest that the Province would appoint the particular Per-
son to be concerned in this Trade, for whom they will be answerable \
What You say about the vast Quantities of Bum and its ill Effects,
and that no more may be brought amongst You, All these have
made a very strong Impression upon our Minds, and was it now in
our Power to rectify these Disorders, and to put Matters on the
Footing you propose, We would do it tfith Great Pleasure, But
these are affairs which more immediately concern the Government -,
in these, therefore, we shall imitate your Example by laying them
before the Governor, assuring You that our heartiest Bepresenta-
tions of the Necessity of these Begulations shall not be wanting,
being convinced that unless something effectual be speedily done in
these Matters the good People of this. Province can no longer
expect Safety or Profit in their Commerce, nor the Continuance of
your Affection.'
" i Brethren :

" ' We will send an account to Onondago of all that has been
transacted between us.

" ' We will assist You with Horses for the Carriage of the Goods
given You.

PROVINCIAL COUNCIL. 681

u l We grant your Women and Young Men their Request for
Rum, on Condition it be not delivered to them until You shall have
passed the Mountains.

" ' Scarrooyady some Days ago desired us to give Orders for the
Mending of your Guns, &ca-' and we did so, being obliged to send
for a Gunsmith out of the Country, as no one of that Trade lived in
the Town, who promised to come, But having broke his word it has
not been in our Power to comply with this Request/

" Here the String given with the Request was returned.

" ( Having delivered our general Answer, we shall now proceed
to give one to what was said by particular Nations, as well by the
Shawonese in the Forenoon as by the Twightwees in the Afternoon/
l\ i Brethren, Delawares, and Shawonese :

" ' We are glad to see You in such good Dispositions to each other.
We entreat You to do every Thing You can to preserve the Continu-
ance of agreeable Harmony. The Shawonese may be assured we
retain no manner of Remembrance of their former Miscarriages ; we
are perfectly reconciled, and our Esteem for their Nation is the
same as ever/

" Gave a large String.
" ' Brethren Twightwees :

" ' We shall take your several Presents, Shells, Strings, Beaver,
Blanket, and Calumet Pipe with us, and deliver them to the Gov-
ernor, that these and the several things said at the Delivery of them
may remain in the Council Chamber at Philadelphia for our mutual
Use and Remembrance, whenever it shall please the Great Being
who sits above to bring us together in Council again/

" Gave a long String.
" ' Brethren :

" i We desire You will Send these two Strowds to the Young
King as an acknowledgement of our Affectionate Remembrance of
his Father's Love to Us and of our good will to him.

" ' Be pleased to present to the Widow of the Piankasha King,
our late hearty Friend, these Handkerchiefs to wipe the Tears from
her Eyes ; and likewise give her Son these two Strowds to clothe
him/

" Here two Handkerchiefs and Two Strowds were given.
" ' Brethren Twightwees :

" ' We assure You we entertain no hard Thoughts of you, nor in
any wise impute to you the Misfortune that befel the English in
your Town j it was the Chance of War. We were struck together,
We fell together, and we lament your Loss equally with our own.

"< Brethren — Six Nations, Delawares, Shawonese, Twightwees,
and Owendats :

682 MINUTES OF THE

" * We have now finished our Answers, and We hope they will be
agreeable to You. Whatever We have said has been with a hearty
Good Will towards You ; our Hearts have accompanied our Profes-
sions and You will always find our Actions agreeable to them/
Then the Commissioners were silent, and after a Space of Time
renewed their Speeches to them :

u l Brethren — Six Nations, Delawares, Shawonese, Twightwees,
and Owendats :

u ' We have something to say to You, to which We entreat You
will give your closest Attention, since it concerns both Us and You
very much.

u ' Brethren :

" ' We have held a Council on the present Situation of your Af-
fairs j We have reason to think from the Advices of Taaf and Cal-
lender that it would be too great a Risque, considering the present
Disorder Things are in at Ohio, to encrease the Quantity of Goods
already given You. We, therefore, acquaint You that though the
Governor has furnished Us with a larger Present of Goods to put
into your publick Store House as a general Stock for your Support
and Service, and We did intend to have sent them along with You,
We have on this late disagreeable Piece of News altered our Minds
and determined that the Goods shall not be delivered till the Gov-
ernor be made acquainted with your present Circumstances, and
shall give his own Orders for the Disposal of them ; And that they
may lye ready for your Use, to be applied for whenever the Delivery
may be safe, seasonable, and likely to do You the most Service, We
have committed them to the Care of your good Friend George
Croghan, who is to transmit to the Governor by Express a true and
faithful Account how your Matters are likely to turn out; and on
the Governor's Order, and not otherwise, to put You into the Pos-
session of them.

" c This We hope You will think a prudent Caution, and a Tes-
timony of our Care for your real good and Welfare.
(i ' Brethren :

" ' We have a favour of a particular Nature to request from your
Speaker, Scarrooyady, in which We expect your Concurrence and
joint Interest; and therefore make it to him in your Presence.'
Here the Commissioners applying to Scarrooyady spoke as follows :

" ' Respected Chief and Brother Scarrooyady : We have been
informed by An'drew Montour and George Croghan, that You did
at Winchester, in publick Council, undertake to go to Carolina to
sollicit the Release of Some Warriors of the Shawonese Nation,
who are said to be detained in the Publick Prison of Charles Town
on Account of some Mischief committed by them or their Com-
panions in the inhabited Part of that Province; and these two
Persons, who are your very good Friends, have given it as their

PROVINCIAL COUNCIL. 683

Opinion, if after You know what has passed at Ohio You shall now
leave this Company of Indians and not return' with them to their
Families, and assist in the Consultations with the Half King and
their other Chiefs, what Measures to take in this unhappy Situation
of your Affairs, all may be irrecoverably lost at Allegheny, and the
Loss with Justice be laid at your Door. You may perhaps be afraid
to disoblige the Shawonese, as it was at their Instance You under-
took this Journey, but We intend to speak to them and have no
Doubt of obtaining their Consent, convinced as We are that the
Release of these Prisoners will be sooner and more effectually pro-
cured by the joint Interposition of the Governors of Pennsylvania
and Virginia than by your personal Solicitation, in as much as
our Governor, to whom We shall very heartily recommend this
Affair, can send, with greater dispatch, his Letters to Carolina than
You can perform the Journey, for at this Season Opportunities pre-
sent every Day of sending by Sea to Charles Town ; and an Express
by Land may be dispatched to Governor Dinwiddie as soon as We
return to Philadelphia/
" Gave a String.

" The Shawonese Chiefs expressing Dissatisfaction at this Endea-
vour of the Commissioners to stop Scarrooyady, it gave Us some
Trouble to satisfy them and obtain their Consent ; but at last it
was effected; and when this was signified to Scarrooyady he made
this Answer :

" ' Brother Onas :

" i I will take your Advice and not go to Virginia at this time,
but go home and do every Thing in my Power for the common
Good. And since We are here now together, with a great deal of
Pleasure I must acquaint You that We have set a Horn on Andrew
Montour's Head; and that You may believe what he says to be
true between the Six Nations and You they have made him one of
their Counsellors and a great Man among them, and love him
dearly/

" Scarrooyady gave a large Belt to Andrew Montour, and the
Commissioners agreed to it.

" After this Difficulty was got over nothing else remained to be
done; and as the Absence of these Indians was dangerous, the
Commissioners put an End to the Treaty and took their Leave of
them, making private Presents at parting to such of the Chiefs and
others as were recommended by the Interpreters to their particular
Notice.

" Thus, may it please the Governor, We have given a full and
just account of all our Proceedings, and We hope our Conduct will
meet with his approbation. But in Justice to these Indians and
the Promises we made them, We cannot close our Report without
taking Notice that the Quantities of strong Liquors Sold to these

684 MINUTES OF THE

Indians in the Places of their Residence and during their Hunting
Seasons, from all Parts of the Counties over Sasquehannah, have
encreased of late to an inconceivable Degree, so as to keep these
poor Indians continually under the Force of Liquor ; that they are
hereby become dissolute, enfeebled, and Indolent, when Sober, and
untractable and mischevious in their Liquor, always quarreling and
often murdering one another ; That the Traders are under no Bonds,
nor give any Security for their Observance of the Laws and their
good Behaviour; and by their own Intemperance, unfair Dealings,
and Irregularities, will, it is to be feared, entirely estrange the
Affections of the Indians from the English, deprive them of their
natural Strength and activity, and oblige them either to abandon
their Country or submit to any Terms, be they ever so unreason-
able, from the French. These Truths, may it please the Governor,
are of so interesting a Nature that we shall stand excused in recom-
mending in the most earnest manner the deplorable State of these
Indians and the heavy Discouragements under which our commerce
with them at present labours, to the Governors most serious Con-
sideration, that some good and speedy Bemedies may be provided
before it be too late.

"BICHABD PETEBS,
" ISAAC NOBBIS,
"BENJ. FBANKLIN.
" November 1st., 1753."

The Letter of Taffe and Callender referred to in the above Beport
was read and orded to be entered :

" September 28th, 1753,

" Shawonese Cabbins.
"Sir:

" This Day met with Josep Nelson coming from Ohio and brought
the News which I believe to be true, which I am sorry for, of the
French coming down and all the English have come off the Biver
Ohio and have brought their Good with them; the Half King
went to the French Fort to know what was the Beason of their com-
ing to settle the Lands of Ohio. The Commander told him the Land
was their' s and discharged him home, and told him he was an Old
Woman and all his Nation was in their Favour only him, and if he
would not go home he would put him in Irons. He came home and
told the English to go off the Place for fear they should be hurt,
with Tears in his Eyes. Sir, we are on our Journey to the Biver
to see the Half King and to talk to him, but durst not take our
Goods over the Hill j Pray, Sir, keep the News from our wives but
let Mr. Peters know of it, as we understand he is to be in Carlisle.
" Remain your Friends and humble Servants.

" CALLENDAB AND TAFFE.

" To Mr. William Buchanan."

PROVINCIAL COUNCIL. 685

The following is a List of the Names of the principal Indians
that were present at the foregoing Treaty, viz*- :

FIVE NATIONS.

Scarrooyada, Oneider.

Canatchiowancy, Owendats born in Mohock Country.

Tohaachsachgua, Cayuga.

Annura, Seneca.

Peter Toquaynant.

Cahuwasey, Mohock.

Canyenquiliquoa, or Jonathan, Mohock.

Sacoayiaclschtha, Cayuga.

Nihaniuchsa, Onondago.

Aruchreenta, Seneca.

Caruntodon.

Tan Weson, Andrew Montour's Brother.

DELAWARES.

Chingas, Chief Sachem.
Pisquitomen, his Brother.
Delaware George.

SHAWONESE.

Nochecona King, Tomenibuck, a Chief, Pletheywopey.
Consontha, Opoataco, Seekochquana,

Macottaweloma; Wancchatucka, Neltawoptha,

Musquanako, Newalocheye, Thecosena,

Wopekency, Wopthama, . Tonelaguesena, a Chief.

TWIGHTWEES.

Athepoty the Racoon, Micheguenotha, W opey Plethay,
Kelathcomegua, Nolelamothapa, Pewopea,

Ellonagoa Pyangeacha, King's Son.

A List of the Names of the Chiefs now entrusted with the Con-
duct of the Publick affairs among the Six Nations, delivered by Mr.
Conrad Weiser for the Use of the Government :

TUSCORORAS.

Achsaquareesory, the wisest & best Daniel.

MOHOCKS.

Henry Peters,

Digonogon,

Abraham,

Canustu,

Brand,

Aruchiadeckka,

Will-,

Tarachyorus,

Nicholas,

Canachquasey,

Seth,

Tucary Hogon,

686 MINUTES OF THE

MOHOCKS.

Catziquaty, Assarackquon,

Canadagayon, noted for Speaking.
Moses, Dekionclackion,

Brand, Canacaraduchqua,

Acquilon, Sasduchredsy.

ONONDAGEBS. SENECAS.

Otsinuchiad Takechsadon,

Sorihowaney, Kahickdodon,

Cuchdacher, WoguisoD,

Ontachsogo, Tocarahimt,

Towachdachioat, French.

Tohashwischdroony, ")

Cayenquiliquoa, V These Three devoted to the French.

Achseyquarresery. )

CHIEFS AT OHIO.

Canajachreesera; Broken Kettle,
Deharachristion, Half King,
Kachshwuchdanionty,
Scarrooyady,

The three first named are of the Senecas, and the fourth an
Oneider.

ONEIDERS. CAYUGAS.

Peter, Botdatsechty, Cachradodon,

Willm-' Sanuchsusy, Scanurady,

Will"1-' Canachquayeson, Oyuchseragarat,

Cornelius, Tahachdachqueesery, Tacaogon.

DiTnooDdy, } enclined t0 the Frencb-

The following Letter from Thomas Hill, Esquire, Secretary to
the Bight Honourable the Lords Commissioners for Trade and
Plantations, was then read and ordered to be entered :

" Whitehall, April, 15th; 1752.
" Sir :

" Four Acts having been passed in the Two last Sessions of Par-
liament wherein the British Plantations are concerned, viz1, :

" ' An Act for regulating the Commencement of the Year, and
for correcting the Calender now in Use — (anno vicesimo quaro
Georgii 2, Begis).'

"' An Act for continuing the Act for encouraging the Growth of
Coffee in his Majestie's Plantations in America, and also for con-
tinuing under certain Begulal ions so much of an Act as relates to

PROVINCIAL COUNCIL. 687

the Premiums upon the Importation of Masts, Yards, and Bow-
sprits, Tar, Pitch, and Turpentine/

" * An Act for avoiding and putting an end to certain Doubts
and Questions relating to the attestation of Wills and Codocils, con-
cerning Real Estates in that Part of Great Britain called England,
and in his Majestie's Colonies and Plantations in America/

" i An Act to amend an Act made in the last Session of Parlia-
ment, entituled 'An Act for regulating the Commencement of the
Year and for correcting the Calender now in use/ '

" (The Three last passed the 26th of March, 1752).

61 1 am directed by my Lords Commissioners for Trade and Plan-
tations to send You the enclosed printed Copies of them for your
Information and Government in the Several Matters therein con-
tained.

" I am, Sir, Your most obedient humble Servant,

" THOS. HILL.

" James Hamilton, Esquire,

Lieut. Govr. of Pennsylvania"

And also the following Letter to his Honour from the Governor
of Virginia :

" Williamsburg, Septr- 3d, 1753.
" Sr- :

" Your Letter of the 6th of August came to my hands last night.
The Accounts I have from the Ohio mention the French have actu-
ally built Two Forts on that River about 120 Miles from Logstown,
and that they intended to build Two more near Logstown, which
alarmed our friendly Indians very much, sent me a Message praying
a supply of small Arms and some Cloathing. I sent them 100
Small Arms, Powder, Shot, and some Cloathing, .which they were
very thankful for, and protested a sincere Inclination to be steady to
the British Interest, and that they would to the utmost of their
Power prevent the French settling the Lands on the Ohio ; but I
fear they are too numerous for them, and I fear the 111 Consequence
of their building Forts on the Ohio.

u I wrote home for Instructions how to behave in this critical
Juncture ; a Ship from London arrived last week, when I had a
Letter from the Board of Trade directed to me, but the Letter in
the Cover wa*s for Mr. Tinker, the Governor of Providence. I sup-
pose my Letter is gone under his Cover, which must be a very great
error of some of the Clerks of that Office, and it gives me much un-
easiness as I was in hopes of having proper Instructions how to be-
have.

" Two Kings and Seven Warriors belonging to the Twightwees and
Picts are come to Winchester. I have sent them some fine Clothes,

688 MINUTES OF THE

small Arms, Powder, &ca" and have desired a meeting with them
next Spring, when I shall endeavour to have many of the Chiefs
of the different Nations of Indians to endeavour to make a firm
Peace among them, afterwards to confirm a League of Friendship
between them and the British Colonies, I shall then have a pretty
good Present to deliver them and propose meeting them myself.

" Surely the French Governors must have a much larger Power
than those from the King of Great Britain to march their Forces
into the Dominions of our King in the time of confirm'd Peace
between the Two Crowns j my hands are tied up, and without new
Instructions I cannot act in the Method I think necessary.

" I have sent to the Cherokees and the Catawbas— the Former
offer a Thousand Men, and the Latter say they will all march to
defend their Hunting Ground on the Ohio, but I wait for Orders
from Home and a more explicit Account of the French Transac-
tions. I acknowledge I am much concerned at their coming so
near Us, as they are very^bad neighbors, and they are like so many
Locust's, when they once take Possession their numbers will follow
to support it.

" I shall be glad to hear the return of Mr. Weiser's Message to
Onondago. I think the New York Government is in the wrong in
prevailing with the Six Nations to have no Transactions with our
Government but at Albany; that's the Purport of the Speech sent
me by Mr. Montour. The Twightwees are near 700 Miles from
this, the Cherokees and Catawbas about 400 miles, and from this to
Albany above 400 more ; how is it possible they could be prevail'd
on to go so large a Journey, and I am determined, if possible, to
transact all Affairs with them at Winchester, where the Southern
Indians are all well satisfied to meet there, and I am sure 'tis the
Duty of every Governor to extend his Views for the Benefit of the
British Nation and the whole Colonies, which is what I entirely
aim at, and have accordingly wrote Home to have the Transactions
with the Indians in a more general and eligible Manner than
hitherto it has been.

" Monsieur Lejonquier makes such Pretensions in his Letter to
Mr. Clinton that I think the Ministry at Home will by no means
agree to, but I wonder they have been so long silent on a Subject
that so nearly concerns his Majestie's American Empire. The
Leaden Plates they not only hid under Ground but fixed many of
them on Trees at the Ohio, but the Indians tore them all down and
then seemed much affronted at their assurance.

"If the Northern Indians could be prevailed on to meet next
Summer at Winchester I would fain hope We might be able to
make a Treaty of Friendship between them and those to the South-
ward.

"I know the Difficulties You must have with a Quaker Assembly,

PROVINCIAL COUNCIL. 689

yet as they have left the £800 given to your own Disposal, I doubt
not You will make use of that Money in a proper Manner.

" My Service to Mr. Weiser ; I am very sensible of his Capacity,
and do not doubt of his Inclination in serving this Government, or
more properly the English Interest.

" Enclosed I send You Copy of the Deed at Lancaster, in regard
to the Grant of Lands given this Dominion, which I hope will have
a proper Weight with the Indians, as they cannot forget so par-
ticular a Transaction.

" I am, with very great Regard and Esteem, Sir,

" Your most humble Servant,

" ROBT- DINW1DDIE.
" The Honourable James Hamilton, Esquire." '

At a Council held at Philadelphia, Thursday the 15th Day of
November, 1753.

PRESENT :

The Honourable JAMES HAMILTON, Esquire, Lieutenant.
Governor.

John Penn, Benjamin Shoemaker, ) ™

Joseph Turner, Richard Peters, j ™

The Minutes of the Two preceding Councils were read and ap-
proved.

A Man-of-War arrived in Virginia with Letters from the Right
Honourable the Earl of Holdernesse, One of his Majestie's Principal
Secretaries of State, to all the Governors of North America ; And
Governor Dinwiddie dispatched an Express with them according to
their Addresses.

That to Governor Hamilton was read in these words :

"Whitehall, 28th August, 1753.
"Sir:

"His Majesty having received Information of the March of a
considerable Number of Indians not in Alliance with the King,
supported by some Regular European Troops, intending, as it is
apprehended, to commit some Hostilities on Parts of His Majestie's
Dominions in America, I have the King's Command to send you
this Intelligence, and to Direct you to use your utmost Dilligence
to learn how far the same may be well grounded, and to put You
upon your Guard that you may at all Events be in a Condition to
resist any Hostile attempts that may be made upon any Parts of his
Majestie's Dominions within your Government, and to Direct You
vol. v. — 44.

690 MINUTES OF THE

in the King's Name, that in case the Subjects of any Foreign
Prince or State should presume to make any Encroachments on the
Limits of his Majestie's Dominions, or to erect Forts on his
Majestie's Lands, or commit any other Act of Hostility, You are
immediately to represent the Injustice of such Proceeding, and to
require them forthwith to desist from any such unlawful Under-
taking; But if, notwithstanding your Requisition, they should still
persist, You are then to draw forth the armed Force of the Pro-
vince and to use your best Endeavours to repel Force by Force.
But as it is his Majestie's Determination not to be the Agressor, I
have the King's Commands most strictly to enjoin you not to make
Use of the armed Force under your Direction excepting within the
undoubted Limits of his Majestie's Dominions.

" And whereas, It may be greatly conducive to his Majestie's
Service that all his Provinces in America should be aiding and
assisting each other in case of any Invasion, I have it particularly in
Charge from his Majesty to acquaint You that it is his Royal Will and
Pleasure that you should keep up an exact Correspondence with all
his Majestie's Governors on the Continent; and in case you shall
be informed by any of them of any Hostile Attempts, You are
immediately to assemble the General Assembly within your Gov-
ernment, and lay before them the necessity of a mutual assistance,
and engage them to grant such Supplies as the Exigency of Affairs
may require. I have wrote by this Conveyance to all his Majestie's
Governors to the same Purpose.

ft I am, Sir, Your most obedient humble Servant,

« HOLDERNESSE.

" Governor of Pennsylvania."

The Contents of this Letter being of a general Concern, and the
other Governors having as may be supposed received Letters of
the like Tenor, the Governer determined to take time to correspond
with them on this important Subject, to consider in what manner
the Requisition Mentioned therein could best be made, whether to
the Commander of the French Forces at Weningo or to the Gov-
ernor of Canada, and whether by himself or in conjunction with any
other and what Governors, and to embrace the Opportunity given
him by the Express, who was in Town on his Return to Williams-
burg, to request of Mr. Dinwiddie as his Assembly was sitting that
he would be pleased to favour him with his Sentiments on the several
Matters recommended by his Majesty, and to acquaint him what
would be done on the Part of their Government, and to assure him
that as far as he should be enabled by the Assembly of this Pro-
vince, whose religious Principles might stand in the Way, he would
chearfully concur with him in all such Measures as should be thought
necessary, and in the mean time he would by one of the Fall Ships
write to the Secretary of State, acknowledging the Receit of his

PROVINCIAL COUNCIL. 691

Lordship's Letter and making mention of such things as should
occur to him on this important Letter. ^

The Governor informed the Council that Lewis Montour, Brother
of Andrew Montour, came Express from Ohio with a Letter con-
taining Speeches of some of the Indian Chiefs who were lately at
Carlisle, and a Paper containing the names of those who sent it,
wrote in the Hand Writing of Cayanguilaquoa, One of the said
Chiefs and of the Mohock 5lation, in which was a Belt dyed of a
bloody Colour.

October the 27th, 1753.— The Old Town.
A Speech delivered by the Half King and all the Head Men of
the Six Nations and those that were at the last Council in Virginia
and Pennsylvania, and by this Belt of Wampum We have all joined
our Hands to it and sent it to our Brother the G-overnor of Penn-
sylvania, hoping he will look on the Case as it stands, and We de-
pend that You and the Governor of Virginia will join Hands and
be as One, and We the Six Nations will be the third Brother, and
as for the French our Enemy is at hand with a Tomhock in their
Hands, holding it over our Heads to Us to take hold of it or else to
be struck with it, and to take it to strike our own Flesh we think it
very hard ; as for You, they have already struck and openly declare
they will clear this River of the English and all Others that will
not join them. So now We beg our Brothers Assistance with quick
Dispatch, and for the Security of our Words We send You this
Belt of Wampum, and We beg You. will come to our assistance ;
and farther, all the Land on the East Side of the Ohio River We
deliver to You to make a Restitution to you for to clear Us and our
Traders of what they are indebted to You, so We desire You will
come to secure Us and the Ground, and We beg that You may not
look light on this and sendUs a speedy Answer by the Bearer and
his Brother or any other Body You see cause to entrust, and We
beg You will come to raise a couple of Forts, especially one at the
Mouth of Mohongialo and the other higher up the River, so we wait
for an Answer from You ; these from your Brothers, the Six Na-
tions. We entrusted Lewis Montour and William Campbell, for
said Montour openly declares himself one of Us, and We hope our
Brothers will use him well.

" THE HALF KING,
" MINKOTTOHA,

" JONATHAN, THE DEER."
A Speech made in the said Council by One of the Mohocks
named Jonathan : " Brothers : I have heard since I Came up more
than what I knew when I was with You last concerning the French ;
and now We have concluded of and with all the Six Nations as we
are now put to Distress by the French and see that many of our

692 MINUTES OF THE

Brothers the Traders are broke and cannot assist Us as they used
to do JMrmerly; and We have all concluded to pay their Debts which
thoy stand indebted to You ; and further, what our Young Men is
in Debt to our Traders shall be good and be no Reflections ; and for
Restitution of their Debts we deliver all the Land on the East Side
of the Ohio River from the Head to the Mouth. To confirm the
above we have taken hold of the said Belt of Wampum which we
have Sealed with Blood. We desire a speedy answer. There are a
few Lines of their own Writing in the small bit of Paper — it is
their names :

" Us present :

"THOMAS MITCHELL,
"JOSEPH CAMPBELL,
"REED MITCHELL,
"THOMAS MITCHEL, Junr-
"WILLIAM CAMPBELL.
" Mark — nerodiyadon kariniati kayenguirigowagh deanaghrison
Shonajowanne Skaronyade Eokogha gonhitjer yagotonde maria got-
hoede Jonathan rone."

Then the Governor sent for the Speaker and Mr. Franklyn into
Council, who were called in, and then the Indian Speeches were
read again, and Lewis Montour called in and examined, who gave
the following Account, viz*- : That the Half King and Scarrooyady
had been at the Lower Shawonese Town and had as he understood
held a Council there with the Shawonese. That those Chiefs on
their Return from thence to Shanoppin, the Place of their abode,
situate on the Ohio about three miles above the Forks of Mohon-
gialo, forthwith assembled the Indians about Twenty in Number
together with the Indian Traders who were in Town. That he was
present and heard the Speeches made, which were taken down in
English by Reed Mitchel, an Indian {Trader, One of the Signers.
Lewis being asked to repeat the Speeches as he heard them he did
go, and it agreed in Substance with the English Intrepretation.
But being asked further if any mention was made of what was done
in Council at the Lower Shawonese Town, he answered he did not
hear nor know any thing about it. But that when the Speeches
were wrote by Mitchel Two Sets of them were given to him with a
Belt by the Indians, with orders to carry them to Mr. Croghan and
his Brother Andrew ; that he accordingly delivered them to Mr.
Croghan, who was then at Aucquick, together with some Letters
from the Traders, and that his Brother was gone to Williamsburg
with one of the same Tenor. Lewis Montour withdrew. Mr. Pe-
ters. Mr. Norris, and Mr. Franklyn informed the Governor that He
was a French Indian, and suspected to be made use of by the French
as a Spy. That he came to Carlisle while they were there along I
with a Servant of Joseph Cammels from the Lower Shawonese
Town under pretence of paying a visit to his Brother. That this

PROVINCIAL COUNCIL. 693

Joseph Cammel, who was another of the Signers, was represented
by Mr. Croghan to be a bad man, and corrupted by the French, and
that the Mitchell's, the other signers, were men of no character.
They likewise gave it as their opinion that there could not be time
enough for Scarrooyady after his return from Carlisle to go to and
come from the Lower Shawanese Town by the Twenty-seventh Bay
of October, the Date of these Speeches.

On these Informations, and considering the Singularity of the
Offer made to this Government of all the lands on Ohio as a Com-
pensation to the Indian Traders for their Debts, it was thought this
could be no general Meeting of Indians, nor that any thing done in
it could be in consequence of previous Councils held by the Indians
at any other Places, and that the Indian Traders might have put
this into the Heads of the Indians. They therefore advised the
Governor to take the Opportunity of the Yirginia Express, and set
all this matter forth to Governor Dinwiddie, with a Request that he
would examine Andrew Montour about it and advise with him what
answer to give it.

The Grovernor received from the Commissioners a List of the
Goods left by them in the hands of Mr. George Croghan. It ap-
peared that among other things there was a large Quantity of
Powder and Lead, concerning which his Honour desired to
know their Sentiments, whether it would be safe for him to
give Orders by this Messenger for. the Delivery of those Goods.
The Council and Commissioners thought it might be of use if the
Grovernor would please to direct Mr. Croghan to wait until Gover-
nor Dinwiddie should give Orders to Mess'5- Guest, Trent, and
Montour, for the Disposal of the Goods in their hands, and to gov-
ern himself accordingly.

These several matters being taken into Consideration, and that
the French had an Army encamped within fifty miles of these In-
dians, it was thought proper to take no Notice of their imprudent-
Message, nor of the characters of the English Traders present, butr
to send them an affectionate Answer in the following Terms :

u The Answer of the Governor of Pennsylvania to the Speeches
sent by Lewis Montour from the Chiefs of the Six Nations
met in Council at the Old Town, the twenty-seventh Day of
October, 1753.

" ' Brethren Six Nations residing at Ohio :

" 'We have received your Message by Lewis Montour, accom-
panied with a Belt dipped in Blood and a small Piece of Paper con-
taining some Names wrote in the Hand of Cayenquiloquoa.

u l By this You desire me to consider your Case and to join
Hands with the Governor of Virginia, promising if We too join
together that You will make a third Brother.

u c You further acquaint me that the French your Enemy are

694 MINUTES OF THE

corning near You with a Tomhock in their Hands holding it over
your Heads for You either to take Hold of it and with them strike
your Brethren the English, or in case of Refusal to be struck your-
selves with it; that they have already struck the English and
openly declare they will drive them away from the River Ohio, as
well as all Others who shall not join them.

" < You further make this Government an Offer of all the Lands
on the East side that River, delivering it to Us to make a Restitu-
tion to such as You and the Traders are indebted to, and desire me
to come to secure You and the Land and to build Two Forts, One
at the 3Iouth of Mohongialo and the other higher up the River
Ohio.

" 'And lastly, You inform me that You have committed the Care
of this Message to William Campbell and Lewis Montour, who
You say has declared himself One of You.
Ui Brethren :

" ' A Messenger of Governor Dinwiddie was fortunately here with
me when Lewis Montour brought me your Message, and I embraced
this favourable Opportunity of sending my Letters to him, wherein
agreeable to your Request I assure him in the strongest Terms that
I will very heartily consult with him, join hands with him, and do
everything in my Power jointly with him, to give Y'ou the desired
Assistance.

61 1 You are sensible Williamsburg, where the Governor of Vir-
gia resides, is at a great distance from this Town, above three
hundred miles; that it will be some time before I can receive his
Answer, but so far as depends on me there shall be no Delay, and
when it shall be setled in what manner You can be best assisted,,
We will send You Word.

" ' Brethren :

" ' The Commissioners who by my appointment held a Treaty with
you at Carlisle have reported to me every matter that was transacted
there, and I find their Account perfectly agrees with your Message
in representing the French as actually invading and seizing your
Country with an Army of Canadians raised for that very purpose,
and that neither the Principles of Justice nor }Tour just and reason-
able notices to them to return home and not violate the Treaties
subsisting between you the Indians and them, have made any Im-
pression on them, but still continue determined to execute their
wicked Purposes, and I am truly sensible that the Independency of
the Indian Nations and the Properiy of the Indians in their own
Lands, as well as all Freedom of Commerce, are struck at and will
be overturned if they should establish themselves in these Coun-
treys. But be assured his Majesty will not suffer this, nor that his
Subjects shall be treated in such a manner without the least Provo-
cation and in time of Peace, and expressly contrary to the Treaties

PROVINCIAL COUNCIL. 695

subsisting between his Majesty and the French King. The French
Commander utters a very great Falshood when he says that the
Lands on Ohio belong to his Master, and that it was thus settled
between the King of Great Britain and the French King. The
quite contrary is declared in the last Treaty about these Matters,
Viz'- : that the Five United Nations are independent Nations, and
that the Subjects of both Kings may trade without Molestation with
them and their allies, or with the French Indians and their allies,
in any of their Countreys.

"This I thought necessary you should be well informed of, least
the words of the Commander should gain Credit with you. Don't
trust such perfidious Men either with your Lands or your Persons,
adhere all to one another, concert your Measures prudently and unani-
mously, and be assured his Majesty will not suffer you to want the
assistance of his Subjects against these imperious and tyranical
aggressors.

"The Proprietaries to whom his Majesty has given the sole Right
of treating with the Indians on Land affairs, are now at London, nor
have I any power over their Chest; I am therefore obliged to consult
them before I can give you an answer to the Terms on which you
propose to release all your Right to the Lands on the East side of
Ohio within the Limits of this Province. This I will, however, offer
to your Consideration, whether it is not manifestly attended with this
Difficulty that the debts due from Indians to Indian Traders and
from them to their Merchants can never be reduced to certainty. —
But whatever the Proprietaries Sentiments may be of this Proposal
the Governor of Virginia and myself will concert Measures for
your assistance; we will be as one Man and we expect You will be
a Third according to your words.

u Brethren :

"We consider your Message as a very important one; We have
taken time to weigh it well in all its Parts, and we are your true
Friends and faithful Brethren. We have never hitherto shewn
Ourselves wanting in our Assistance to You, we never shall you
may be assured. The Season we apprehend will not permit the
French to advance nearer to You, so that You will have time to
consult together, and to make all the Indians in that large Extent
of Country to which the French make Pretensions acquainted with
their unjust Designs,, that they may assemble together in Council,
and there concert a joint and unanimous Opposition, and enter into
hearty and mutual Bands and Leagues together, and be united as
one Man. Let this be done, and in the End I hope all will be well.

41 Brethren :

" I have committed this answer to the care of Messieurs Croghan
and Montour, with my Orders to deliver it and interpret it to you
in Council.

696 MINUTES OF THE

"On your Recommendations, signified to me by the Commis-
sioners who were at Carlisle, I have appointed these Two Persons
to do the Publick Business of this Government, and expect to see
their attestations or certificates to all the Messages which You shall
please to send to this Government. They are answerable to me for
their Conduct, and I can place a Confidence in what they say or do.
But as to other Persons, tho' they may be good Men, yet if they
are not known to me it will not be proper, especially in such a dan-
gerous Season as this is, to entrust them with publick Consultations
and make them the Messengers of advices. This is the case with
those who have subscribed the Interpretation of your Speeches; they
may be good Men but I do not know them nor their Characters.

"JAMES HAMILTON.

"Philadelphia, 20th November, 1753/'

Then were read Two Letters, one to Governor Glenn and the
other to Governor Dinwiddie, wrote at the instance of the Commis-
sioners of the late Treaty at Carlisle, in these Words :

" Pennsylvania, October 30th, 1753.

"Sir:

" The Shawonese, a Nation of Indians living on the Ohio in the
Borders of this Province and of That of Virginia, have heard that
some of their young Men who went to War against the Southern
Indians in company with a Party of Cogherawagos have been seized
within your Government and committed to the publick Jayl of
Charles Town, and ignorant of the Reasons why Indians belonging
to a Nation in Amity with the English should be so treated, have
earnestly besought me to make Enquiry into this matter and to be-
come an Intercessor with You for their Release.

"It is at their Instance therefore that I am obliged to give you
this Trouble, and to induce You to favour their Sollicitation I think
it incumbent on me to acquaint You that the Six Nations, Dela-
wares, Shawonese, Twightwees, and Owendats, all Indian Nations
living on the Ohio and its Branches, held a Treaty this Summer
with the Government of Virginia at Winchester, in which they set
forth the Confinement of these young Warriors in Terms of much
Tenderness, and made it a Point with that Government that two of
the principal Men of the Six Nations should go to Williamsburg
and there be joined by some Persons on the Part of Virginia, who
together should proceed to Carolina to sollicit You for their dis-
charge. That these Indians after finishing their Treaty at Win-
chester came into this Province, and were met at Carlisle by Com-
missioners of my appointment (my "health not permitting me to be
present) where an Account was brought to them from Ohio whilst
iu Council that a large Army of French who had entered their
Country in the Spring and had built a Fort near the Heads of the

PROVINCIAL COUNCIL. 697

Ohio, were actually coming down that River to a Virginia Settle-
ment situate in the Forks of Mohongialo, with an intent to build
another Fort there and drive away the English Traders. Alarmed
at this News the Indians made immediate preparation for their Re-
turn, and applied to the Commissioners to stop the Journey of their
Chiefs to Carolina, setting forth that their Presence was absolutely
necessary as well to conduct their Young Men home as to assist
against the French ; and this really appearing to the Commissioners
to be the Truth, and that many bad Consequences might arise from
the Absence of Men of their Character and Influence, they pre-
vailed with the Chiefs and with the Shawonese, though not without
Difficulty, to drop their intended Journey and leave it to the Gov-
ernor of Virginia and myself to procure the Release of their young
men.

" The Commissioners have not only represented these Matters to
me, but further add that these young men were bred up amongst
the English and have contracted a particular Regard for them;
they are the Flower of their Nation for Courage and Activity,
and would at this time be of great Service in the Defence of
their Country \ That Information was given them the Commissioners
by the Virginia Interpreter, who came along with these Indians to
Carlisle, that Governor Dinwiddie was using his best Endeavours to
bring about a Peace between the Northern and Southern Indians,
arid intended for that Purpose to hold a general Treaty with them
the next Summer, to which these Indians were invited and had
promised to come, declaring they were sincerely desirous of Peace,
and as the Commissioners have no manner of reason to doubt of the
Truth of this Information they desire me to mention this to you,
believing the Discharge of these young Men would much contribute
to the Success of this Union, without which the Indians will in all
Probability lose their Countrey and Independancy.

u Being entirely ignorant of the Reasons of the Imprisonment of
these People, it is not possible for me to do more than lay before
You these Considerations, which will I imagine be of sufficient
Weight to induce You to put an End to it, unless there be some-
thing very particular in their Case. If, therefore, You should agree
with me in Opinion with Regard to the Expediency of their Dis-
charge, I should be much obliged to You to consider what Method
may be the most proper to conduct them into their own Country,
whether by Sea to this Port or by Land to Virginia, and if this last
should on the Account of the approaching Winter appear the best,
then whether they should not be escorted thro' the Inhabited Parts
of your Province to Williamsburg, the Expence of which will be
chearfully born by that Government to which they shall be delivered.

" I will only add, that their Enlargement will give a sensible Plea-
sure to This and the neighbouring Provinces whose Nearness to the
Nations interesting themselves in their Discharge does at this June-

698 MINUTES OF THE

ture call for every Measure by which they may be confirmed in their
Attachment to the English Interest.

" I am with great Regard, Sir, Your Excellency most obedient
and most humble Servant,

"JAMES HAMILTON.

" His Excellency James Glen, Esquire."

"Newcastle, 30th October, 1753.
"Sir:

* " The Indians who were at Winchester coming afterwards into
this Province, I appointed Commissioners to meet them at Carlisle.
While in Council there an Account Avas brought that the Half King
was returned without Success from the Fort near Weningo, which
the French had just finished, and that their Army which was in
two hundred Canoes was removing, notwithstanding the repeated
prohibitions of the Indians, to the Forks of Mohongialo, with Intent
to build another Fort there.

" This News obliged the Commissioners at the Request of the In-
dians to stop Scarooyady's and Andrew Montour's Journey to Charles
Town, as set forth in my Letter to Governor Glen, which I send you
a Copy of, desiring You will please to support it with One of your
own. You are better acquainted with Mr. Glen and the Reason of
the Proceedings against these Indians than I am, and a Letter from
you in favour of these Young Men would add great Weight to the
Application, in which, if they have not success, I cannot help being
Apprehensive of bad Consequences, and that You will fail in your
well-judged and most seasonable Intention of bringing about a Re-
conciliation between the Northern and Southern Indians, in which
if I can be of any Service I shall with great Pleasure receive your
Commands.

"I should be glad to know what was dons at Winchester; as the
Commissioners have not yet made their Report to me of their Pro-
ceedings at Carlisle, I am prevented from sending you an Account
of that Treaty, which I shall not fail to do when I have an Oppor-
tunity.

" I am, with great Regard, Sir,

"Your most obedient and most humble Servant,

"JAMES HAMILTON.

^"1 acknowledge the favour of your late Letter, but being from
home I cannot at present answer it.

"J. H.
"His Excellency Robert Dinwiddle, Esquire."

After which the Governor informed the Board that a Vessel

PROVINCIAL COUNCIL. 699

arrived Yesterday from Carolina, and that the Captain had brought
with him Two of the Shawonese and a Letter from Governor Glen,
which was read and ordered to be entered :

"So. Carolina, October 12th, 1753.
"Sir:

" While the Six Nations continue at War with the Catawbas, the
French Indians, who are without doubt well pleased to see our In-
dians destroying one another, frequently accompanied them in their
Expeditions, under pretence of assisting them against their Enemies;
but I have reason to be of opinion that their Views did not terminate
in the Destruction of the Catawbas, tho' that be a favourite Point,
but that they were in hopes by repeated Injuries done to this Pro-
vince to provoke Us to revenge ourselves on the Six Nation. They,
therefore, under Cover of the Name of Senecas, Nittewagees, fre-
quently came into our Settlements, at first sculking in the Woods
and Swamps, killing a few Cattle only for Provision, but afterwards
shewing themselves more openly, forcing Provisions from the In-
habitants, killing their Cattle out of Wantonness, and carrying off
some of our Settlement Indians, People born among Us and who
were not at War with any Nation whatever, and such of our Slaves
as had the least Tincture of Indian Blood in them. These Provo-
cations made me write circular Letters to all the Officers of the
Militia to raise their respective Companies in any Part of the Pro-
vince where any Damage had been done by Indians, and to

endeavour to bring such Indians to Charles Town, but if they re-
sisted to use military Force ; at the same time I laboured to recon-
cile Differences that had so long subsisted betwixt our Friends the
Catawbas and the Six Nations, and this I did as thinking it for the
British Interest in general to preserve and protect such Indians as
are Friends to the English; but I was also hopeful that 'if Peace
could be brought about, that we should be less troubled with North-
ern Indians in our Settlements, since they could have no Pretence
of coming this Way. At Length Peace was concluded and We have
had fewer Incursions than before, but still some Parties continue to
come, and some Months ago one of these Parties murdered one Felix
Smith not far from Charles Town, and ravished a Woman at the
same time, upon which I, by the Advice of the Council, issued a
Proclamation promising a Reward to any Person who should take
alive or kill any of the Gang of Indians who had been guilty of the
above Actions, or to any Person who should kill or take alive any
Northern Indians in the Settlements after the Expiration of three
Months. I knew there were some of the Six Nations at that time in the
Catawbas, and as I knew that they were very scarce of Provisions I
concluded that they might be hunting with the Catawbas for Provi-
sions round that Nation, and I was apprehensive if any of our Inhabit-
ants should for the Reward fall upon them without notice and destroy
them, it might have the Effect to involve this Province in an Indian

700 MINUTES OF THE

War. Within the said Period of Three Months Six Northern In-
dians were discovered in onr Settlements, and brought Prisoners to
Town by the Militia ; they call themselves Savannahs and say they
live upon the Ohio, and that they are in Friendship with the Eng-
lish Governments to the Northward; there is too good Reason to
think, from the Examination of several Persons, that some of them
have been formerly here, and that they have carried off some of our
friendly Indians. And as these Indians are upon many Accounts
very serviceable to Us, we are extremely desirous to redeem them,
and have therefore sent Two of the Six Prisoners to You to be sent
or detained by You as You may judge it most likely to obtain the
good End of having our friendly Indians or Mustee Slaves sent back
to Us; and I hope that You will either send for some of the Head
Men or send some proper Person along with these two Men to their
Nation, who will let them know the Care that We have taken of the
other Four, and that they will be returned to their Friends upon
restoring all the Prisoners they have taken from Us, and upon their
engaging to You in the most solemn manner not to permit any of
their People to come into this Province for the future. The Ex-
pence attending this Matter I make no doubt will be chearfully
defrayed by this Government.

" I am, Sir, Your most humble Servant,

"JAMES GLEN.
"The Honourable James Hamilton, Esq*"

The Two Shawonese were kindly received by the Governor in
Council, examined and sent to Lodgings. One of them having con-
tracted a Bloody Flux in the Voyage, Doctor Groeme was ordered
to attend him.

MEMORANDUM.

The following Letter was wrote to Governor Dinwiddie :

" Philadelphia, November 16th, 1753.
"Sir:

"lam favoured with Two of your Letters, one by the Post of
the Third September last, enclosing a Copy of the Indian Deed
executed at Lancaster, which I shall send to Mr. Weiser, at whose
Instance I desired the Copy, the other of the twenty-third of October,
by express enclosing a Letter of the twenty-eight of August last from
the Earl of Holdernesse, one of his Majestic' s Principal Secretaries
of State, to whom I shall do myself the Honour to write by a Ship
from this Port, chusing, as my Letter from hence may arrive as
soon as by the Return of the Man-of-War and the contents of his
Lordship's Letter are of great Moment, to take some time in the
Consideration of my Answer.

"With respect to the matters enjoined by his Majesty, your Cir-

PROVINCIAL COUNCIL. 701

cumstances are much more desireable than mine, which in this
respect are rendered unpleasant by the religious Sentiments of the
Assemblies of this Province.

" However, that I may do all in my Power, as my Assembly does
not sit, and yours is fortunately sitting, I earnestly desire you will
be pleased to let me know the Results of their Deliberations, that I
may lay them before the Representatives of this Province when
they are to take these Matters into Consideration.

" His Majesty having enjoined his Governors not to exceed the
undoubted Rights of his Crown, nor to become Aggressors, as your
Government must have held several Treaties with the Indians prior
to the Royal Grant of Pennsylvania, I should be glad to be informed
whether any and what Treaties have been held with the Indians liv-
ing on the waters of the Ohio, and whether they do not Esteem
themselves independent Nations, and tho' in alliance with yet not
subject either to the French or to the Six Nations, and whether these
Indians at the Treaty at Utrecht were deemed French Indians and are
any wise included within or referred to in that Treaty by the con-
tracting Parties on either side.

" Would it not likewise be necessary to ascertain the Distance of
the Mouth of the Mohongialo from the Northern Bend of Patowmec,
as that Place is well known at home by the late Dispute between
your Government and Lord Fairfax. This I apprehend may be
done by the Testimonies of many of your Inhabitants who live on
or near Patowmec and are every day going to Mohongialo, and might
with a Map of the Country lying between Patowmec and the Ohio
and the course and Distance of the Apalaccian Mountains, which
must be crossed before you can reach the Forks of the Mohongialo,
give the Ministry great Insight into the situation of the Places now
seized by the French.

" But after all, unless the several Governors should confer together
on the several Points enjoined them by his Majesty, and afterwards
lay their Sentiments before the King and their respective assem-
blies, it does not appear to me that his Majestie's Orders can be car-
ried into Execution or proper Funds raised for that Purpose.

" I have as I jvrote you from Newcastle had an Interview with
the Indians at Carlisle, having given a Commission to three Gen-
tlemen, one of the Council and the other two of the Assembly for
that Purpose, whose Report I have caused to be published and here-
with send you two of the printed Copies in which there can belittle
new to you, as these Indians came directly from Winchester, except
the account of the Treatment which the Half King met with from
the French Commander at the Fort lately built near Weningo and
the Behaviour of that Sachem after his Return. This evidently
shows that the French have intimidated the Indians, and if it be
true what is expressly affirmed by Taaf and Calender in their Let-
ter, a Copy of which is herewith sent tho' not put down in their

702 MINUTES OF THE

Report, that the Commander told the Half King his Nation, mean-
ing the Seneca Nation, favored the French Proceedings, it gives but
a melancholy Prospect of their affairs.

" The Inclinations of these Indians in general may be good, though
it is not to be doubted but the French have their Emissaries among
them, and have corrupted and may be still corrupting particular
Indians; but then, according to all Accounts, the Six Nations,
Dela wares, and Shawonese, are continually under the Force of Liquor,
and may be dispirited from Indolence and Debauchery. The Twight-
wees are indeed of a martial Spirit and remarkable for Sobriety;
but they are much divided, some declaring for the English while
Others still adhere to the French, or are likely to stand neuter and
wait the Event. It would be well if a true Account could be taken
of the Numbers of such as declare for the English, and what might
be depended on from them in case of giving them Assistance ; But
as this is not known to me, nor what sort of a Correspondence they
keep up with the original United Nations at Onondago, nor how
these last stand affected to them, or instruct them what to do, it is
impossible to know their Strength or their Inclinations. Had
Mr. Weiser been permitted by Governor Clinton to have proceeded
to Onondago and executed my Instructions, I should have been able
to give You better Information, but his not being permitted to go,
which I think an unadvised Step in Mr. Clinton, has disappointed
me much, and I am still in the dark, Governor Clinton never
having been so good as to send me an Account of what has been
done by Col. Johnson at Onondago, who he promised should sound
the Indians on these Articles ; and that I should receive from him
a full State of their Affairs for my own Direction with respect to
the Ohio Indians.

" Having answered your Letter I must now acquaint You that I
have detained your Messenger on Account of an Express I have
received from the Six Nation Indians at Ohio, as one of the same
kind will be delivered You by Mr. Andrew Montour. I was willing
the Indian Messenger, who is Andrew's Brother, should be exam-
ined by the Council in the Presence of the late Commissioners,
that I might hear their Opinions and thence be the better able to
regulate my Conduct. •

" Lewis Montour on Examination declared that the Half King
and Scarrooyady had been at the Lower Shawonese Town, where he
understood a Council had been held which he called a great Council
of all the Indians; that these Chiefs on their Return from thence
home, that is to Shanoppin, about three miles from the Forks of
Monhongialo, forthwith called together the Indians of their own
Nations, about twenty in Number, to a Meetiug, and likewise the
Indian Traders who were then in the Town ; That he was also pre-
sent and heard the Speeches made on that Occasion, which were taken
down in English by Heed Mitchel, an Indian Trader and one of

PEOVINCIAL COUNCIL. 703

the Signers, and he repeated the Substance of them, but being asked
if there were any Belts or Strings sent from what he called the
Great Council at the Lower Shawonese Town and produced at this
Meeting, or anything said of what was done there, he answered he
did not hear nor know any thing about it, But that when the
Speeches were wrote they were given to him by the Council to carry
to Mr. Croghan and his Brother Andrew, to whom he went and de-
liver'd them at their Houses, together with some Letters from the
Indian Traders then present ; That as soon as Mr. Croghan and Mr.
Montour had perused them it was concluded that Andrew should go
to Williamsburg and his Brother to Philadelphia.

" Had Mr. Croghan and Mr. Montour, or either of them, wrote
their Sentiments about this Meeting, and whether it was in conse-
quence of another Council held by the Indians at the Lower Shawo-
nese Town, which it may possibly have been, as the Speeches men-
tion all the Indians who were at Carlisle and contain more Matter
than could be proper to be said by a private Meeting of Indians,
their Letter might have cleared up many Points which appear doubt-
ful, such as whether the Indians were in a sobe/,. thoughtful mood,
whether the Indian Traders had not their Influence in this Meeting,
and whether the several Matters had been previously recommended
to the Six Nations by the general Council of the other Nations, and
what they really expected from Us on the Occasion.

" For want of knowing these several Points as well as the Cha-
racters of the subscribing Indian Traders (it being represented to the
Commissioners at Carlisle that one of the Cammels was thought to
be corrupted by the French), it became difficult to determine what
Answer to give the Indians, But at length the Council and Commis-
sioners were unanimously of Opinion that as the two Governments
were desired to join together and consult one another, nothing pre-
cise could be wrote till it should be known in what Light You saw
this Message, Mr. Montour being able to explain several Matters to
you that the Messenger sent to me was ignorant of, But that a Letter
should be sent to Mr. Croghan informing him that an Express from
You was fortunately here, to whom this Affair was fully mentioned
by me, and that after knowing your Mind I would take my Measures
and give the Indians an Answer In the mean time if the Indians
should be in actual Want of the Goods left by the Commissioners
in Mr. Croghan's Hands, and Mr. Croghan should think it abso-
lutely necessary to give them to the Indians for their joint Use and
Benefit, he mi^ht do it, though I should chuse that these Goods,
which consist chiefly in Powder and Lead, should go along with the
Virginia Goods left in the hands of Messrs' Geust, Trent, and Mon-
tour ; and further, that Mr. Croghan should wait till Andrew's Re-
turn, and when he saw what Orders You had given him he might
then act agreable thereto.

" I have the Pleasure to acquaint you further that Governor Glen,

704 MINUTES OF THE

before my Letter cou'd reach his hands, had shipped Two of the
Shawonese Young Men on board a Vessel bound here with Letters
to Hie desiring they might be sent home, or detained as I might
judge it most likely to obtain the good end of having their friendly
Indians or Mustee Slaves sent back to Carolina, and requesting I
would either send for some of the Head Men among the Shawonese
or send some proper Person along with them to their Nation, who
might let them know the Care that has been taken of the other
Four; and that they will be returned to their Friends upon restor-
ing all the Prisoners they have taken from Carolina, and upon their
engaging to me in the most solemn manner not to permit any of their
People to come into Carolina for the future.

" The Two Indians are arrived here, one of them with the bloody
Flux on him the other in good health, who has been examined in
Council, and says they were Thirteen in Number when they set out,
Seven went back and the Six were taken in Carolina without
doing any the least mischief, nor does Governor Glen lay any thing
particular to their Charge.

" These Examinations taking up a good deal of time your Mes-
senger has been very uneasy at his Detainment here; but I hope
the Importance of these several Matters will plead my Excuse for
it, and that you will be pleased with all convenient Dispatch to give
me your Sentiments and the Resolves of your G-overnment as to
what should be at present done for these Ohio Indians till some
general Plan shall be concerted, in which the other Provinces may
if they please take a Share.

" I am with great Regard, Sir,

" Your most obedient and most humble Servant,

" JAMES HAMILTON.

" His Excellency Robert Dinwiddie, Esquire/'

At a Council held at Philadelphia, Wednesday, the 5th Day of
December, 1753.

present :

The Honourable JAMES HAMILTON, Esquire, Lieutenant
Governor.

Thomas Lawrence, Joseph Turner, "1

Robert Strettell, Richard Peters, J> Esquires.

Benjamin Shoemaker, J

The Minutes of the preceding Council were read and approved.

The Governor informed the Council that the Two Shawonese had
been detained in Town by the Sickness of one of them ; that he
was now so far recovered as to be able to undertake the Journey,

PROVINCIAL COUNCIL. 705

and therefore lie had prevailed on Mr. Patton to conduct them to
the Six Nations at Ohio, and had drawn up a Message to those In-
dians, and had likewise thought it proper to give particular Instruc-
tions to Mr. Patten, Draughts of both which as well as of his
Answer to Governor Glen were read and approved :

A Message from the Honourable JAMES HAMILTON, Esquire,
Lieutenant Governor of the Province of Pennsylvania, to the
half King Scarrooyady, and other Chiefs of the Six Nations at
Ohio.
u Brethren :

" Having had a favourable Opportunity of a Ship's going to Caro-
lina soon after the Return of the Commissioners from Carlisle, I
made Use of it at their pressing Instances to send to the Governor
of that Province my Letters, wherein I interceeded for the Enlarge-
ment of the Six Shawonese detained in the publick Prison at
Charles Town, and requested he would be pleased to send them to
my Care to be returned to their Nation ; but before my Letters
could arrive that Government, having a Regard for the Northern
Indians, had sent Two of these Shawonese by Sea to Philadelphia,
where they arrived some time ago.
" Brethren :

" One of the Indians had contracted a dangerous Sickness at Sea,
and I put him under the Care of one of the best of our Physicians,
the Person I make use of myself when I am out of Order; and
now that by his Care and Medicines he is restored to his health, I
have sent them under the Care of Mr. John Patten, to be delivered
to You in Council.

u Brethren :

" The Governor of Carolina tells me he intends to send the other
Four, if the Shawonese Nation shall readily comply with what he.
desires. Hear, therefore, and take great Notice of what the Gov-
ernor of Carolina says, and do not fail to conform to it in every
particular, as upon these conditions only I deliver these Two Persons;
to you.

" These are the Words of his Letter to me :

"' There is too good Reason to think from the Examination of
several Persons that some of the Shawonese Indians have been
formerly here, and that they have carried off some of our Friendly
Indians born within our Province, and as these Indians are upon
many Accounts very serviceable to Us, We are extremely desirous-
to redeem them, and have therefore sent Two of the Six Prisoners
to You to be sent or detained by you as You may judge it most
likely to obtain the good End of having our Friendly Indians or
Mustee Slaves sent back to Us, and I hope that you will either sen<i
for some of the Head Men, or send some proper Person along witlfc
Vol. v. — 45.

706 MINUTES OF THE

them Two Men to their Nation who will let them know the Care
;ha: We have taken of the other Four, and that they will be re-
turned to their Friends upon restoring all the Prisoners they have
taken from Us, and upon their engaging to you in the most solemn
manner not to permit any of their People to come into this Pro-
vince for the Future/
" Brethren :

" I desire one or more of your Chief Men will conduct these
Two Indians to the Lower Shawonese Town, -and at the Time You
deliver them enquire diligently if there be among the Shawonese
or any other Indian Nations any of the Carolina Indians, and if
you find there are, take effectual Measures that they be delivered to
You, and then send them under a safe Convoy either to the Gov-
ernor of Virginia, which I think the nearest and best Conveyance
to Carolina, or to me, to be sent by Sea there.
" Brethren :

" The Captain of the Ship in which these Two Indians came,
relates that the other Four have made their Escape out of Prison ;
if so I hope they are already in safety at their own Houses. Tho'
they have escaped yet they and their Nation should be sensible of
the Governor of Carolina's kind care of them and kind Intentions
to release them. I expect neither they nor any other of the
Shawonese or any other of our Friendly Indians will ever go into
the inhabited Part of Carolina. The Road lies to the Westward of
the Inhabitants, in that Road let them travel and do no injury to
those good People who are their true Friends. Tho French Indians
have done much Mischief in Carolina ; no longer ago than last
Summer they committed a barbarous Murder which occasioned your
young Men being apprehended; they conceal this from you, but I
now tell it you and that they will be surely put to death if they
are caught among the Inhabitants of that Province.
" Brethren :

" Your Fathers the Six Nations have made and confirmed a Peace
with the Nation of the Catawbas. They are no longer at "War
together. Your Warriors must be told not to break the Peace."

" Brethren :

" The Governor of Virginia has informed me that he has invited
the Catawbas to come to Winchester next Summer, and you have
promised to be there too. I am pleased to hear this, and heartily
recommended it to You to continue Friends. Their Friendship will
strengthen your Hands against your Enemies the French. "

u Brethren :

" I expect to receive your Answer by the Bearer, Mr. John Pat-
ten, whom I have sent Express with these Indians, and to whom I
expect You will be very kind. By him You may take the Oppor-

PROVINCIAL COUNCIL. 707

tuiiity of giving me your News. He will deliver to me faithfully
whatever you think proper to say. Tell him all that is in your
Minds, conceal nothing from him, that I may know the full and
true State of your Affairs.

" [Lesser Seal of the Province.] JAMES HAMILTON."

TJie Instructions of the Honourable JAMES HAMILTON,

Esquire, Governor of Pennsylvania, to Mr .John Patten.

u You are to read carefully over my Message to the Chiefs of the
Six Nations at Ohio, the Principal of which are the half King
Scarrooyady, and Cayanguiloquoa, and to make your self perfectly
Master of the Contents thereof, so that they may be truly and
clearly explained to them in Council; and that they may conform
exactly thereto I have sent therewith two Strings of Wampum, one
for those Chiefs the other for the Shawonese.

"You are to call at Mr. George Croghan's at Aucquick, and
consult with him in what manner to deliver the said Message, and
if Andrew Montour goes to Ohio, You are to go with him, and he
is to be the Interpreter ; if he should be gone before you reach Mr.
Croghan's, You are to follow him, and if You find him at Ohio,
You are to get him to interpret the Message.

" You are to make all the Enquiry possible of what the French
are doing or propose to do next Summer — what numbers of French
there are and under whose Command, and whether at Weningo or
in that Neighbourhood — What Forts the French have built or in-
tend to build, and in what Places, and learn the Situation of such
Places and their Distance from Shanoppin.

" You are likewise to take a particular Account of the Road from
Carlisle, so as to know how far Westward Shanoppin is from thence,
and whether to the Northward and how much so, and how far the
French Forts are from Lake Erie or from the Straits of Niagara.

" You are to learn the Numbers of the Indians, as well Six Na-
tions, Delawares, Shawonese, Owendats, and Twightwees, and how
many of them encline to the French and how many to the English,
that it may be known who are to be depended on and who not.

" You are to learn the Names of those who carry the Whiskey
among those Indians, and in what Quantities.

u You are to learn what Quantity of Arms and Ammunition have
been sent to the Ohio Indians by the Government of Virginia, and
what Use has been made thereof, and whether the Indians have
held any general Councils, and whether any Measures have been or
are to be concerted for their Defence against the French next
Summer.

703 MINUTES OF THE

" What the Indians expect the English will do for them, whether
they expect English Men to head them, and whether if they do the
Indians will be brought under any Command or Discipline.

" You are to learn what Number of Twightwees have declared
for the English and whether they will oppose the French, and if
those Twightwees who went in the Summer to Canada are returned
and what they did there.

" On your Return from Ohio You are to call on Mr. Croghan and
desire his Letters to the Governor; and You may prudently ex-
amine where the Goods are which were left by the Commissioners
in the Hands of Mr. Croghan and what he proposes to do with
them, and whether any Orders have come from Virginia for the
Delivery of the Goods left with Messrs> Guest, Trent, and Montour.

" You are not to let it be known that You have any other In-
structions than to deliver the Shawonese, and that the Message sent
with them be well interpreted and conformed to by the Indians.

" If you apprehend any Danger, or are taken sick, You are to
destroy these Instructions.

"You are to keep a Diary or Day Book and set down in it every
thing that occurs worthy of your Notice, which is likewise to be
destroyed in case of Danger or Sickness.

"JAMES HAMILTON/7

A Letter from Governor Hamilton to the Governor of South

Carolina.

"Philadelphia, December 6th, 1753.
" Sir : ,

" I received from the hands of Capt. Read the Favour of your
Letter of the twelfth of October last, together with the Two Shawo-
nese Indians you were pleased to send to me under his Care.

" They have been detained here much longer than I intended on
Account of a dangerous Distemper one of them had contracted at
Sea, from which as soon as he was recovered I lost no time in pro-
viding a Special Messenger in whom I can place a Confidence, and
committed both of them to his Care, with orders tot deliver them
with a Message from me agreable to the Contents of your Letter to
the Six Nations at Ohio, whom I have desired to conduct them to
the Lower Shawonese Town, the Place of Residence of the princi-
pal Men of that Nation, who will I hope be so sensible of your
Kindness to their Countrymen as to release your Carolina Indians,
if any they have, and for the future give your Province no further
Offence or Trouble.

"The Chiefs of the Six Nations at Ohio having solicited the Re-

PROVINCIAL COUNCIL. 709

lease of these Shawonese, as you will see by my Letter of the thir-
tieth of October, of which Mr. Boone was pleased to take the charge,
I thought your good Intentions in sending them to me would be
best answered by my giving to those Chiefs the Conduct of this
Negociation. And as I have requested them to give me an account
of their Proceedings herein, I shall not fail upon receiving their
answer, which I expect by the Return of the Messenger, to impart
the contents thereof to you.

"If the Northern and Southern Indians can be prevailed on to
accept Mr. Dinwiddie's Invitation to be present at the Treaty He
proposes to hold next Summer at Winchester, in Virginia, there
will I hope be no great Difficulty in persuading them to enter into
a Friendship and good agreement for the future, seeing it is so much
for their mutual Interest, and now more than ever rendered neces-
sary by the late hostile attempts of the French.
" I am, Sir, Your Excellency's

" Most obedient and most humble Servant,

"JAMES HAMILTON.

"His Excellency James Glen, Esquire, Governor of South
Carolina."

The Matter of the Requisition enjoined by Lord Holdernesse's
Letter was again taken into Consideration and a Form agreed upon;
but several Persons who came to Town from Virginia reporting that
Governor Dinwiddie had sent an Officer to the French Camp on that
Errand ; and it being uncertain what Part of the Assembly of this
Province would take in this Affair, it was agreed to postpone it till
it should be known what Governor Dinwiddie had done or proposed
to do.

MEMORANDUM.

The Governor's answer to Lord Holdernesse's Letter was read in
these words :

" My Lord :

" I had very lately the Honour to receive your Lordship's Letter
of the twenty eighth of August, imparting certain Intelligence his
Majesty had received of the March of a considerable Number of In-
dians not in Alliance with the King, supported by some regular
European Troops, intending as it was apprehended to commit some
Hostilities on Parts of his Majestie's Dominions in America; and
withal signifying his Majestie's Commands and Direction for my con-
duct in case the Subjects of any Foreign Prince or State should pre-
sume to make any Encroachment on the Limits of his Dominions.

"Your Lordship will please to be assured I shall pay the most
punctual Obedience to every particular of the King's Commands
signified in your Lordship's Letter, so far as I am capable of know-

710 MINUTES OF THE

ing them. But I must not omit to acquaint your Lordship that in
the present case it falls out most unfortunately that if the Bounds
of the British Empire on this Continent have ever been ascertained,
the Particulars thereof are what I am very much a Stranger to after
repeated enquiries upon that head, for which reason I should have
been extremely glad of your Lordship's Explanation upon a Point
that I am persuaded is not well understood in this Part of the World;
upon which, nevertheless, the Settlement and consequently the
Strength of his Majestie's Dominion in America does very much de-
pend, and without the knowledge whereof it seems impossible for
the Governors of these Colonies to say what are or are not the un-
doubted Limits of his Majestie's Dominions.

" I have some reason to believe that one or more Forts have been
lately built by the French within the extreme Limits of this Pro-
vince to the Westward ; but as the "Western Bounds thereof have
never been actually run I cannot speak with Certainty. I shall
however use my utmost Diligence to learn how far the Information
I have received touching such Encroachments on his Majestie's Do-
minions may be depended on, of which I shall do myself the Honour
to acquaint your Lordship in a further account, as well as of the other
Particulars mentioned in your Lordship's Letter, as soon as they shall
be known to me.

" I am, May it please your Lordship, Your Lordship's most
obedient and most humble Servant,

"JAMES HAMILTON.
" Pennsylvania, November 25th, 1753."

At a Council held at Philadelphia, Wednesday the 13th Day
of February, 1754.

present :
John Penh, Benjamin Shoemaker,")

Thomas Lawrence, Joseph Turner, I Esquires.

Robert Strettell, Richard Peters, J

The Minutes of the preceding Council were read and approved.
MEMORANDUM.

On the fourth Instant Two Members waited on the Governor to
acquaint him that the House was met according to their Adjourn-
ment, and desired to know if he had any thing to lay before them.
The Governor had been some time confined to his Chamber by a
as Sickness, and was then too much indisposed to admit them
to speak to him; therefore ordered the Secretary to inform them of
his Indisposition, and that he would send a Message to the House
in the morning ; and accordingly he sent them this verbal Message

PROVINCIAL COUNCIL. 711

by the Secretary, That " the Governor was sorry to find himself
prevented by Indisposition from now communicating to the House
in a proper manner sundry Letters which he some time since re-
ceived as well from his Majestie's Ministers as from several of the
neighbouring; Governors relating to Indian Affairs, which, never-

O O O 7 7

theless, he hoped yet shortly to be able to do if it should please
G-ocl to favour him with the recovery of his Health.

" In the mean time it would be equally agreeable to him whether
the House thought fit to come to a short Adjournment or should
proceed to prepare such Business cs they might have to lay before
him, wrhen his Health would permit him to receive it, which he
would willingly hope will not be long."

Yesterday Two Members waited on the Governor in his Chamber,
as he was still indisposed, with an Order for Five Hundred Pounds
on the Treasurer, and the following Message, " That the House; on
receiving the Governor's Message of the fifth Instant, were con-
cerned to hear of his ill State of Health ; but as he then gave them
some Expectation that he should in a short time be able to proceed
upon the publick Business, and acquainted them that it was equal
to him whether they made a short Adjournment or proceeded to
prepare such Business as they might have to lay before him, they
have chose to continue their present Sitting, as being in the most
suitable Season with Begard to their private Affairs, hoping the
Governor's Indisposition would not long continue; and as they now
have the Pleasure of hearing that his Health is in a great Measure
restored, they beg Leave to acquaint him that they have prepared
some Business to lay before him whenever it may suit him to receive
the same." To which the Governor was pleased to say " That he
thanked the House for the Order, and that he expected in two or
three Days his Health would permit him to receive any Business
the House might have to lay before him."

The Governor by his Secretary informed the Council that his bad
State of health would not permit him to come to Council, and de-
sired they would carefully peruse the Draught of a Message he in-
tended to send to the assembly, with the several Letters therein
referred to, and give him their opinion thereon.

Then was read a Letter of the Lords of Trade in the following
words :

"Whitehall, September 18th, 1753.
"Sir:

" His Majesty having been pleased to order a Sum of Money to be
issued for Presents to the Six Nations of Indians, and to direct his
Governor of New York to hold an Interview with them for deliver-
ing these Presents, for burying the Hatchet, and for renewing the
Covenant Chain with them, We think it our Duty to acquaint yon
therewith ; and as we find it has been usual upon former occasions,,

712 MINUTES OF THE

when an Interview has been held with these Indians, for all his
Majcstie's Colonies whose Interest and Security is connected with
and depends upon them to join in such Interview, and as the pre-
sent Disposition of those Indians and the attempts which have been
made to withdraw them from the British Interest appear to us to
make such a general Interview more particularly necessary at this
time, We desire You to lay this Matter before the Council and
general Assembly of the Province under your Governm'-' and re-
commend to them forthwith to make a proper Provision for appoint-
ing Commissioners to be joined with those of the other Governments
for renewing the Covenant Chain with the Six Nations, and for
making such Presents to them as has been usual upon the like
Occasions. And we desire that in the Choice and Nomination of
the Commissioners You will take Care that they are Men of Charac-
ter, Ability, and Integrity, and well acquainted with Indian affairs.
" As to the Time and Place of Meeting, it is left to the Governor
of New York to fix it, and he has Orders to give you early Notice
of it.

"We are, Sir,

"Your very loving Friends and humble Servants,

"DUNK HALIFAX,
"J. GRENVILLK,
" DUPPLIN.
"James Hamilton, Esquire,

u Lit. Governor of Pennsylvania."
And a Letter from Governor Dinwiddie in the following word's z

"Williamsburg, Virginia, November 24th, 1753.
" Sir :

"Your Letter of the 30th of October came to my Hands this
Day, as also Copy of Your's to Governor Glen. I sent an Express-
to that Gentleman three weeks ago, and then, agreeably to Scarroo-
yady's Desire, I wrote him to acquaint me the Reasons for confining
some of the Shawanese Indians, who were in Friendship with the
Euglish, but Searrooyady desired the Commissioner from me at)
Winchester not to insist on their Release- without the. Six Nations'
Direction. Andrew Montour, who is here from the Six Nations,
desires their Release and to be sent thither, which I shall strenu-
ously desire Mr. Glen to do, and when they come here shall send
them to their Nation.

"The French Governors must be invested with more Power than,
those from Great Britain to invade his Majestic' s Lands in the Time
of confirm' d Peace between the Two Crowns and to build Forts ; a&
my Power is more enlarged by a late Instruction from Home, I
have sent a Person of Distinction to the Commander of the French-
Forces on the Ohio to know his Reasons for this unjustifiable Step.

PROVINCIAL COUNCIL. 713

in invading our Lands. I have desired him to write me by what
Authority he proceeds in this unjust and unwarrantable Manner,
and have desired him immediately to return, otherwise I shall be
obliged to follow the Directions and Powers invested in me from his
Majesty of Great Britain by repelling Force by Force. The Mes-
senger has been gone three Weeks ; when he returns I shall acquaint
You of his Proceedings, Reception, and Answer of the French
Officer.

" We have several Workmen gone out to build a Fort at the
Forks of Mohongialo with the Approbation and desire of the In-
dians, but if the French have embarked and gone down the River I
fear they will prevent our Designs.

"I am fully of Opinion that all the Colonies should join in op-
posing the Designs of the French, for they will be cruel bad Neigh-
bours if allowed to settle so near our Western Frontiers.

u Our Assembly is now sitting ; I have by Order from Home
represented to them the Necessity of a prober Supply in case of
Need, but I fear they will be very backward therein unless the Mes-
senger I sent to the French returns before the House is up ; they
say if occasion they will readily come into a Supply, but this Do-
minion is so extensive and the Expence of calling the House of
Burgesses so very large that I wish they may do it now.

" I shall write Mr. Glen of the Necessity and Usefulness of en-
larging those Indians. The Commissioner I sent to Winchester
was chiefly to deliver a Present to the Twightwees and to receive
their Assurances of Friendship to the British Subjects, and to ask
them and some of the Chiefs of the other Nations of Indians to
meet me at Winchester next May, when I propose to give them a
considerable Present and to endeavour to make Peace between the
Northern and Southern Indians ; after that to make a strict Alli-
ance between the many different Tribes and the King of Great
Britain and his Subjects setled on this Continent. I shall there-
fore be glad of your Assistance in an Affair I think so necessary
for our Mother County, the Trade and Safety of these Colonies.
The Express I sent to New York is not yet returned, which gives
me some Uneasiness.

" I presume the Letter I sent You by him was from the Earl of
Holdernesse, I suppose for a mutual Supply from all the Colonies.
I shall be glad if so to know the Disposition of your People on this
present Emergency.

" My time is much taken up with the Assembly, therefore can
only say farther, that I remain with sincere Regard and Respect,
" Sir, Your obedient humble Servant,

"ROBTDINWIDDIE.

" Governor Hamilton/'

714 MINUTES OF THE

Then was read another Letter from Governor Dinwiddie in the
following Words :

" Williamsburg, Virginia, January 29th, 1754.
"Sir:

" The Return of the Gentleman whom I sent Express to the
French Commandant to know what Steps the French were taking
on the Ohio, enables me to acquaint your Honour that on his
arrival there he found that the French had taken Post on a Branch
of that River and built a Fort, wherein they had mounted eight
Pieces of Cannon, Six Pounders, and that they had in Readiness
Materials for other Forts, which they declared their Intentions to
erect on the River, and particularly at Log's Town, the Place
destined for their Chief Residence, so soon as the Season would
permit them to embark ; and for which Purpose He saw two hun-
dred and twenty Canoes ready finished, besides a great number
more blocked out. Having delivered his Credentials and my Let-
ter, he complained W the Commander of the Violence that had
been offered to his Majestie's Subjects in seizing their Effects and
making Prisoners of their Persons, to which he was answered,
* That the Country belonged to them ; that no Englishman had a
Right to trade upon those Waters, and that he (the Commandant)
had orders to make every Person Prisoner that attempted it on the
Ohio, or the Waters of it.'

" Your Honour will perceive these to be their Sentiments by the
enclosed, and it were superfluous to advance many arguments with
so discerning and Sagacious a Servant of our Master to prove the
Urgency that presses every one of his Majestie's Colonies to exert
themselves on this Occasion to Vindicate the Honour and Dignity
of his Crown, and justify his undoubted Rights against the In-
vaders of the British Property.

" The Power of our Enemies is far from being contemptible, and
it is as certain they will exert its utmost Efforts to procure all pos-
sible Advantages against Us. They have already engaged Three
Indian Nations, the Chippoways, Ottoways, and Orundacks, to take
up arms against the English, and from the best Information Major
Washington learned that the French had Four Forts on the Mis-
sissippi, besides their Strong Settlement at New Orleans, where
they have above Fourteen Hundred Men in Garrison; That by
means of the River Ovabaseck they have Communication between
Canada and the Mississippi, and some Forts on the Owabesh to
cover and protect this Communication.

" Before they sent their Troops into Winter Quarters last Fall
they called the several Tribes of Indians near their Fort together
and told them that altho' the approaching Season and the State at
that time of the Waters made it necessary to send the chief of their
Forces into Winter Quarters, yet they might be assured to see

PKOVINCIAL COUNCIL. 715

them early in the Spring with a much more considerable Arma-
ment, and that then they would take Possession of the Ohio, and
threatned them if they were not entirely passive.

" These Circumstances induced me to order out for the present a
Detachment of the Militia and call together the Assembly, which
I have ordered to meet the fourteenth of next Month, and hope
they will enable me to take more vigorous Measures, which I shall
then do with all Expedition, and propose to have what Men I can
raise at Will's Creek on the head of Patowmack River early in
March, which I have chosen for a Place of Rendezvous, as being
more generally convenient for us all and nearest the Scene of
action.

u It may, perhaps, interfere with the Service to divide the Com-
mand, and therefore I should be glad to find that it were agreeable
to you to entrust my general Officer with the command of the
Forces You can prevail with your Assembly to raise on this occa-
sion.

" I have no doubt but you will be qualified upon this present
Situation of our Affairs to raise a considerable Force for defeating
the Designs of the French, and as you have many Persons among
You that understand the Lands upon the Ohio, they will be able to
give you proper Intelligence • but it appears to me absolutely
necessary to be very early on the Ohio with such Forces as we pos-
sibly can collect together; and as I have no doubt of your earnest
Inclination to promote the Dignity of the Crown and the Safety of
these Colonies, I pray an Answer on the Return of this Express,
and am, with great Respect, Sir,

" Your most humble Servant,

"ROBT- DINWIDDIE.

" Governor Hamilton."

In which was enclosed the following Letter from the French
Commander to the Governor of Virginia :

" Monsieur :

" Comme j'ai Fhonneur de commander en Chef, Monsieur Wash-
ington, m'a remus la lettre que vous ecriviez au Commandant des
Trouppes Francoises.

" J'aurois ete charme que vous lui eussiez donne ordre on qu'il
ent ete dispose a se rendre en Canada pour voir Monsieur notre
General, au quel il appertient mieux qu'a moi de mettre au jour
F evidence, et la realite des droits du Roi mon Maitre sur les Terres
scituees le long de la belle Riviere, et de contester les Pretentions
du Roi de la grande Bretagne a cet egard.

" Je vais adresser votre lettre a Monsieur Le Marquis Duquisne ;
sa reponse me servira de loi; et sil m'ordonne de vous la communi-

716 MINUTES OF THE

quer, Monsieur, je puis vous assurer que Je negligerai vieu pour
vous la faire tenir promptement.

" Quant a la Somrnation que vous me faites de me retirer, je ne
me crois pas dans l'obligation de m'y rendre ; quelques que puis-
sent etre vos Instructions, Je suis ici en vertu desordres de mon
General, et je vous prie, Monsieur, de ne pas douter un instant que
je suis dans la constante Resolution de m'y conformer avec tout
V exactitude, et la fermete que Ton peut attendre du meilleur
Officier.

u J'ignore que dans le cours de cettee Compagne il se soit rien
passe qui puisse etre repute pour Acte d'liostilite, ne qui soit contraire
aux traitez qui subsistent entre les deux Couronnes, dont la Con-
tinuation nous interresse, et nous flattee autant que Messieurs les
Anglois. S'il vous eut ete agreeable, Monsieur, d'en venir sur ce
point a un detail particulier des faits qui motivent votre plainte,
j'aurois eu l'honneur de vous repondre de la facon la plus positive,
et je suis persuade, que vous auries en lieu d'etre satisfait.

" Je me suis fait un Devoir particulier de recevoir Monsieur
Washington avec la Distinction qui convient a votre Dignette a sa
Qualite et a son grand Meritej je puis me natter qu'il me ren-
dra cette Justice au pres de vous, Monsieur et qu'il vous fera con-
noitre ainsi que moi le Respect profond avec lequel je suis.
" Monsieur, votres tres humble et tres obeissant Serviteur.
" LEGARDEUR DE Sf PIERRE.
"Du Fort de la Riviere, au beuf le 15 xbre, 1753."

Then was read a Letter from Governor Delancy in the following
Words :

"New York, 7th December, 1753.
" Sir :

" I have lately received a Letter from the Commanding Officer
at Oswego of the eighth November, acquainting me that, since his
former to Governor Clinton the greatest Part of the French Army
that went up this Summer to Ohio had re-passed Oswego, from
whom Two Men deserted, the One an Englishman taken at Minas
during the late War, the Other a Frenchman ; that from these he
learned that the French have not been able to accomplish their De-
signs on the Ohio by reason of the Indians, but threaten a second
Tryal next Year ; they also informed him that the French Army had
been very sickly, and great numbers had died of the Scurvy through
the badness of their Provisions, and that the Indians to the Southward
had not only bid them Defiance but had forced from them both
Provisions and Brandy several times ; they farther informed him
that the French had taken Two English Prisoners whom they sent

PROVINCIAL COUNCIL. 717

to Canada in Irons. I communicate this piece of Intelligence as it
cannot but be agreeable to You, if the Information contained in the
Letter be true. You will observe the French threaten to renew
their attempts next Year • this they will probably do unless the
Difficulties which they may apprehend from the Indians in the Ex-
ecution should deter them. The French building Forts and making
Settlements on the Ohio will prove of pernicious Consequences to
his Majestie's Dominions, for as that River (according to the Idea
I have of the Country) is much nearer to the back Settlements
than the Course the French used to take through the Lakes, they
will more easily make Incursions upon the British Subjects, being
near and having a Place of Retreat and Security at their Forts,
they will intercept the Indian Trade, and draw the Indians into a
greater dependance on them than is consistent with the Safety of
his Majestie's Subjects in that Part of America ; if the French
have Forts at proper Places on the Ohio, Pennsylvania and Virginia
may find that in another War they will become as sharp Thorns in
their Sides as Fort St Frederick at Crown Point is to Massachu-
setts Ray and New York. These Considerations may perhaps de«
serve the attention of Mr. Penn and your Assembly.
"lam, Sir,

i; Your most obedient and most humble Servant,

" JAMES DELANCY.
"The Honble- Governor Hamilton."

Then was read another Letter from Governor De Lancey, enclos-
ing an Extract of a Letter from the Lords Commissioners for Trade
and Plantations, both which are in the following words ;

"New York, lltli December, 1758.
" Sir :

" On Friday last I received the enclosed Letter with others to
the Governors of Virginia, Maryland, New Jersey, New Hamp-
shire, and the Massachusetts Bay, from the Lords Commissioners
for Trade and the Plantations, to be forwarded as addressed, and as
they are referred to in their Lordship's Letter to me, I enclose you
an Extract of it, in Pursuance of which I proposed an Interview
with the Indians at Albany on the thirteenth or fourteenth Day of
next June j the Assembly here have this Day resolved that they
will make Provision for the Presents usually given on such Occa-
sions, and for the Expence of my Voyage thither, so that I intend
to meet the Indians at the Time and Place above mentioned. The
Assembly have also resolved upon my laying before them the Let-
ter from the Earl of Holdernesse, that they will make a suitable
Provision for assisting any of the neighboring Colonies to repel
Force by Force in case they be invaded in an hostile manner by any

718 MINUTES OF THE

Force whatsoever. This I thought necessary to communicate to
you.

" I am, with great Esteem, Sir,

" Your Honour's most obedient and most humble Servant,

"JAMES DE LANCEY.
" His Honour James Hamilton, Esqr., Governor of Pennsyl-
vania/7

Extract of a Letter from the Lords Commissioners for Trade and
Plantations, dated September 18th, 1753.

" As we find it has been usual upon former Occasions when an
Interview has been held with the Indians for the other neighbouring
Governments in Alliance with them to send Comissioners to be
joined with those of New York, and as the present wavering Dispo-
sition of the Indians equally affects the other Provinces, we have
wrote to the Governors of Virginia, Pennsylvania, Maryland, New
Hampshire, Massachusetts Bay, and New Jersey, desiring them to
represent to their respective Assemblies the Utility and Necessity of
this Measure, and to urge them to make proper Provision for it)
and therefore it will be necessary that when you have settled the
Time and Place of Meeting You should give early notice of it; and
this leads us to recommend one thing more to your Attention, and
that is, to take Care that all the Provinces be (if practicable) comprized
in one general Treaty, to be made in his Majestie's Name — it
appearing tc Us that the Practice of each Province making a sepe-
rate Treaty for itself in its own Name is very improper and may be
attended with great Inconvenience to his Majestie's Service."

Then was read a Letter from Governor Shirley in the Words fol-
lowing :

" Boston, November 26, 1753.
"Sir:

" I received by the last Post a Letter from the Earl of Iiolder-
nesse, dated 28th August past (a circular one, as it appears to be,
to all his Majestie's Governors in North America), acquainting me
that his Majesty had received Information of the March of a con-
siderable Number of Indians not in Alliance with Him, supported
by some regular European Troops, intending, as it is apprehended,
to commit some Hostilities on Parts of his Majestie's Dominions
in America; and directing me to use my utmost Diligence to
learn how far the same may be weli grounded; acquainting me also
that his Lordship had it particularly in charge to let me know that
it was his Majestie's Royal Will and Pleasure that I should keep
up an exact Correspondence with all his Majestie's Governors on
the Continent; and in case I should be informed by any of them of

PROVINCIAL COUNCIL. 719

any hostile Attempts, that I should immediately assemble the
General Assembly within my Government, and lay before them the
Necessity of a mutual assistance, and engage them to grant such
Supplies as the Exigency of Affairs may require.

" In Obedience to these Directions, as I have heard imperfect
Accounts of some late Hostilities committed by a Body of Indians,
supported by French Troops, upon his Majestie's Territories within
the Limits of your Honour's Government, and of a Fort's being
erected there by them, I trouble You with this Letter to let You
know that in case these reports (concerning the Occasion of which I
shall be obliged to You for a particular Information) are well
grounded, and your Honour hath Thoughts of attempting to remove
the French from their Encroachments by the armed Force of the
People within your Government, and shall stand in need of Assist-
ance from his Majestie's other Colonies on the Continent, I will
most gladly concur with You in that Service by endeavouring to
procure from the General Assembly of the Province their due Pro-
portion of Supplies upon this Occasion ; always depending upon the
Assembly of your Honour's Government granting the like assistance
to the People of this Province whenever they shall stand in need of
it against his Majestie's Territories within their Limits, which,,
from your Honour's known Spirit and Zeal for promoting hit'
Majestie's Service and the general Prosperity of his American
Colonies, I can't entertain the least Doubt of your most ready Dis-
position to obtain upon any proper Emergency.

"I shall be very glad to maintain a strict Correspondence with
You pursuant to his Majestie's Commands, signified to me in the
Earl of Holdernesse's before-mentioned Letter.

" I am, with great Esteem, Sir,

" Your Honour's most humble and most obedient Servant,

" W. SHIRLEY.

" The Honoble. Jambs Hamilton, Esq'-"

And then was read again Lord Holdernesse's Letter of the twenty
eighth Day of August last, formerly entered in the Minutes of
Council.

After which the Governor's Message to the Assembly was taken
into Consideration and approved, and is as follows :

A Message from the Governor to the Assembly.
11 Gentlemen :

" Having in September last received a Letter by Express from
Col. Fairfax of Virginia, informing me that some Chiefs of the Ohio
Indians were then at Winchester soliciting the assistance of that Gov-
ernment, and intended as soon as they should have finished there
to come to Carlisle in the County of Cumberland, w^~"§ they en-

720 MINUTES OF THE

treated I would be pleased to give them the Meeting, I assembled the
Council, and being favored with the attendance of the Speaker and
such Members of your House as were in Town, I laid it before them
for their advice, who were unanimously of opinion that a Conference
with these Indians might aiford a good opportunity of becoming
acquainted with a true State of their Dispositions and affairs, and
the proper Presents should be provided out of the Sum voted by the
Assembly in the Month of May last, and there distributed for their
service and Relief. Entirely concurring with these Sentiments, as
my own Health did not permit me to undertake such a Journey, I
issued a Commission to Mr. Peters, Mr. Norris, and Mr. Franklyn,
empowering them to hold a Treaty with those Indians, and to make
them the Presents of Condolence and. such others as they shall find
suitable on being truly informed of their Necessities, who accord-
ingly proceeded to Carlisle and held a Treaty with them; For the
Particulars whereof, together with the Expences acruing thereon, I
shall refer you to the Treaty itself and the Commissioners who are
Members of your House.

" I have received a Letter from the Right Honourable the Earl
of Holdernesse, one of his Majestie's Principal Secretaries of State,
which with others of the like Tenor to all his Majestie's Governors
on the Continent, was sent Expressly by a Sloop of War to Virginia
wherein his Majesty lays his Royal Commands on me, in case the
Subjects of any Foreign Prince shall have presumed to make En-
croachments, erect Forts, or commit any other Hostilities within His
Majestie's Dominions, if after representing to them the Injustice of
their proceedings they do not desist, to draw forth the armed Force
of the Province and to endeavour to repel Force by Force, and to
call the Assembly and to engage them to grant such Supplies as the
Exigincy of Affairs may require. Whilst I was preparing to make
the Requisition enjoined by his Majesty, I received a Letter from
Governor Dinwiddie informing me that he had dispatched Major
"Washington on that Service to the Fort lately built on the Ohio by
the French, and an Express has this week brought me Governor
Dinwiddie's account of that Gentleman's Return, with the answer of
the Commander of that Fort, who avows the Hostilities already com-
mitted, and declares his Orders from the King of France are to build
more Forts, take Possession of all the Country, and oppose all who
shall resist, English as well as Indians, and that he will certainly
execute these Orders as early as the Season will permit.

" Gentlemen : French Forts and French Armies so near us will
be everlasting Goads in our Sides; our Inhabitants from thence
will feel all the Miseries and dreadful Calamities that have been
heretofore Suffered by our Neighbour Colonies. All those Outrages,
Murders, Rapines, and Cruelties, to which their People have been
exposed, are now going to be experienced by ourselves unless a
Force be immediately raised sufficient to repel these Invaders. It

PROVINCIAL COUNCIL. 721

is to be hoped, therefore, that as Royal Subjects to his Majesty and
in Justice to your Country You will not fail to take into your Con-
sideration the present Exigincy of Affairs \ and as it will be attended
with a very considerable Expence, and require a large number of
Men, make provision accordingly, that I may be enabled to do what
his Majesty as well as the neighboring Colonies will expect from a
Government so populous and likely to be so nearly affected with the
Neighbourhood of French Garrisons.

" I have further to inform You that I have received a Letter
from the Right Honourable the Lords of Trade, elated the eighteenth
Day of September last, informing me that his Majesty has ordered
an Interview to be held the next Summer at Albany with the Six
Nations, and a large Present to be there distributed, and desiring I
will lay this Matter before you, and recommend to You to make
Provision for appointing Commissioners to be joined with those of
the other Governments, and for Indian Presents ; and it being left
to the Governor of New York to appoint the Time of this Interview
he has informed me by Letter that he has fixed the Thirteenth or
Fourteenth of June next for that Purpose j further acquainting me
that the Lords of Trade have recommended it to him to take Care
that all the Provinces be (if practicable) comprised in one general
Treaty to be made in his Majestie's Name, it appearing to their
Lordships that the Practice of each Province making a seperate
Treaty for itself in its own Name is very improper, and may be at-
tended with great Inconveniences to his Majestie's Service.

" Several Letters have passed between me and the Governor of
New York, Virginia, and the Massachusetts, in which they make
this Province the Tender of their Assistance, express an hearty
Desire of acting in Concert with Us against his Majestie's Enemies,
concur in Sentiment with His Majestie's Ministers of the Necessity
of a general Union of all the Provinces both in Councils and Forces ;
and as Experience, the best of Instructors, makes it evident beyond
a Doubt that without this his Majestie's Colonies in America are in
Danger of being swallowed up by an Enemy otherwise much in-
ferior to them in Strength and Numbers, I most earnestly recom-
mend it to You, and hope what is so well and justly said on this
and other Matters by Lord Holdernesse, the Lords of Trade, and
the neighbouring Governors, will have their full Force and Weight
with You in your Deliberations.

" The several Matters set forth in the late Treaty at Carlisle
evince the Necessity of appointing some Person to reside at Ohio
among the Indians there in whom the Government can place a Con-
fidence ; and unless you can engage some such Persons You must
be sensible that your Presents will be of little Use, and the Indians
will be lost to the English Interest.

" You will likewise do the Publick great Service if together with
this necessary Measure You will take the Indian Trade into your
vol. v. — 46.

722 MINUTES OF THE

Consideration and put it into some Order, for I am entirely of
Opinion with the Commissioners that this is absolutely necessary
as well for the Indians as for ourselves, and should be pleased it was
well considered and a Bill prepared for the Purpose.

u G-entlemen : there is so much to be done and so little time to do
it in, the Season being so far advanced, and Governor Dinwiddie ex-
pecting the Forces from this Province to join those of Virginia
early in March on Patowmack, that I most earnestly entreat You
will not delay the Supplies nor deal them out with a sparing Hand,
but use all the Expedition in your Power ; for You will undoubtedly
agree with me that so alarming an Occasion has not occurred since
the first Settlement of the Province, nor any one thing happen' d
that so much deserves your serious Attention.

" The Secretary has my Orders to lay before You the several
Letters and Papers mentioned in this Message, or otherwise neces-
sary to give You a perfect knowledge of all Matters you may want
to be informed of in the Course of your Deliberations.

" JAMES HAMILTON.

" February 14, 1754."

At a Council held at Philadelphia, Tuesday the 19th of Feb-
ruary, 1754.

PRESENT :

John Penn, Thomas Lawrence, ~)

Benjamin Shoemaker, Robert Strettell, I Esquires.

Joseph Turner, Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Governor, still indisposed, sent to the Council for their Con-
sideration a Message which had been delivered him by Two Mem-
bers of Assembly on the Fourteenth Instant, which was read in
these Words :

u May it please the Governor —

" We gratefully acknowledge the Governor's Care in all our In-
dian Affairs, and more particularly at this critical Juncture ; it
therefore cannot but be very agreeable to us to find he has already
so far recovered his Health as to join with Us in the Publick Busi-
ness now before the House.

u The distressed Circumstances of the Indians our Allies on the
River Ohio demand our closest Attention, and we shall not fail to
proceed in the Matters contained in the Governor's Message with
all the Dispatch an Affair of so much Importance will admit of, in
which we doubt not to comply with every thing that can be reason-
ably expected on our Parts.

PROVINCIAL COUNCIL. 723

" In the meantime having some Days since prepared a Bill which
we conceive absolutely necessary not only to the Trade and Wel-
fare of this Province but to the Support of Government, upon the
Success of which our Deliberations at this Time must in a great
Measure depend, We now lay it before him as a Bill of the utmost
Importance, and to which We unanimously request he would be
pleased to give his Assent.

"Signed by Order of the House.

"ISAAC NORMS, Speaker.
"In Assembly, February 14th, 1754."

And then the Bill was read, entituled "An Act for Striking the
Sum of Forty Thousand Pounds, to be made Current and emitted
on Loan, and for re-emitting and continuing the Currency of the
Bills of Credit of this Province/'

The Council calling to Mind the Assembly's passionate and in-
decent Treatment of the Governor the last Year on the Subject of
King's Instruction, which could now no more than be dispensed
with, thought it would be to no Purpose to renew that Dispute.

The Secretary was ordered to read the Report of the Committee
appointed to consider the Governor's Message of the Seventh of
September, 1753, entered in the Minutes of Assembly of the last
Year ; and as it contains Matters of a very extraordinary Nature
it was thought proper that an Extract of it should be entered in
the Council Minutes, which is as follows, viz'- :

" As the Governor has been pleased to return the Bill for Striking
Twenty Thousand Pounds to be made Current and emitted on Loan,
and for re-emitting and continuing the Currency of the Bills of
Credit of this Province, in a manner which denies any further ac-
cess to him on that Head, except on the alternative of accepting
the additional Clause proposed to be added to that Bill; and as
that Clause upon the Vote of the House has been unanimously re-
jected, We have now no other Method to secure Ourselves from
future Insinuations of being unfaithful to the high Trust reposed
in us by our Constituents, but by leaving our Sentiments of the
Governor's Amendment and Message on our Minutes in the Clear-
est manner We are able.

" In Obedience, therefore, to the Orders of the House, We have
considered the Governor's Message of the seventh Instant, sent
down with the Bill, and have likewise reconsidered the Votes of this
House, to which the Governor is pleased to refer as a Proof that
the Governor and Assembly in the Year 1746 thought the Lord»
Justices' additional Instruction, upon which the said Clause is-
founded, was neither illegal or temporary or destructive of the
the Liberties granted to the People of this Province.

" The Governor is pleased to say it appears to him the then As-

724 MINUTES OF THE

sembly have clearly admitted the Validity of that Instruction in
ordinary Cases, and that they only hoped the Governor on reconsid-
ering the Royal Instruction might think himself at Liberty to give
his Assent to a Bill for a further Sum of Money in Bills of Credit
when any extraordinary Emergency required it. And yet not-
withstanding the Governor's private Sentiments, it appears clear to
Us that both the then Governor and the House too agreed in the
essential Point that the additional Instruction of the ' Lords Jus-
tices was not binding upon either of them ; for it is beyond all
Contradiction that altho' Governor Thomas had sent down that In-
struction to a former Assembly, and had again mentioned it at that
Time, yet he gave his Assent to the Bill for granting Five Thou-
sand Pounds for the King's Use, and the Money was raised, as we
apprehend, in direct Opposition to the Instruction which expressly
enjoins the Governor, and he is thereby required upon Pain of his
Majestie's highest Displeasure, not to give His Assent to or pass any
Act whereby Bills of Credit may be issued in lieu of Money, with-
out a Clause be inserted in such Act declaring that the same
shall not take Effect until the said Act shall be approved by his
Majesty, his Heirs or Successors/ without the least Distinction be-
tween ordinary and extraordinary Cases j and if the Assembly made
Use of those Distinctions to induce the Governor to think himself
at Liberty to pass that Bill, and in Effect did convince him that the
Instruction was not to be submitted to upon its own Terms, we must
own he had a greater Regard to the Sentiments of that Assembly
than we have any Reason to believe our Governor has to the re-
peated Bequests of this House. x\nd we have no Reason to doubt
if we could prevail on our Governor to give his Assent to our Paper
Money Bill this House would as readily assure him they hoped he
might think himself at Liberty to pass that Bill and all other Bills
presented to him by the Representatives of the Freemen of this
Province, not only upon extraordinary Emergencies but in all ordi-
nary Cases too, without the least apprehensions of his Majestie's
Displeasure so far as those Laws were consistent with the Royal
Charter.

" The Governor proceeds : l That there has not been an Instance
of passing any Law in this Province under the Restrictions contained
in the amendment may be true; but he cannot think any Thing fur-
ther can be inferred from thence than that no such Instruction was
ever sent to the Governors of this Province before the Year 1740,
otherwise it is reasonable to conclude they would have paid the same
dutiful Obedience to it as was done by your late Governor/ Your
Committee are at some Loss upon this Paragraph, whether they
ought to produce other and older Instructions than the Year 1740,
least the Governor should think himself obliged to pay a strict Obe-
dience to these also ; but as they are already printed in your Votes,
which must now soon appear and the House probably will not order
them to be erased, we shall only say that there was an additional

PROVINCIAL COUNCIL. 725

Instruction by the Lords Justices to Governor Keitji, dated the
twenty third of July, 1723, without any Limitation of Time (and we
do not think it necessary to search for any more of them), the Ori-
ginal of which We presume must be in the Governor's Possession,
commanding him among other Matters in these Words, ' You are
to take Care that for the future You do not pass any private Act
without a Clause inserted therein suspending the Execution of such
Act until his Majestie's Royal Approbation shall be had thereof/
which notwithstanding the Governor neither does and We hope
never will think himself obliged to observe.

'" Having now taken it for granted the Instruction was allowed by
the Governor and Assembly to be valid without Limitation of Time
in the Year 1746, the Governor is pleased to say : ' Why, then, an
Instruction allowed to be in Force in 1746, and still unrevoked,
should be deemed to be of no effect, tho' the State of our Paper Cur-
rency has not suffered the least alteration since that time, is what
he cannot comprehend/

"It is our Misfortune that the Governor has been pleased to keep
our Bill, the only Bill of this Year to this our last Session, with-
out the least Intimation that he apprehended himself at all concerned
or, bound by an additional Instruction to Governor Thomas in the
Year 1740, and now so Suddenly to forclose us from any further
Messages or Conferences on a Bill of so much Importance, other-
wise we cannot doubt he must have been made sensible that, the
State of our Paper Currency (and our Trade too) has suffered a
very considerable alteration within the Period the Governor is
pleased to mention.

" That the States of all the Paper Curriencies in America at and
since that Time under a Parliamentary Enquiry, have been since
carefully examined by the House of Commons, appears by their
Votes, and that the sum Current among us has likewise suffered an
alteration, and a Diminution is consistent with our own Knowledge-
who have now sunk One Thousand Pounds besides the Fifteen Hun-
dred Pounds sunk by former Assemblies in Discharge of so much
of the Five Thousand Pounds granted to the King's use by the very
act to which the Governor refers.

" But the Governor, unhapily for us, ' is sincerely of Opinion that
the Royal Instruction is of the same Force at present as it was in
the Year 1746, and that he cannot bring himself to think that he
can ever be freed from the Obligation of paying a strict obedience
to it until the same shall be revoked, or that he may be otherwise
discharged from it by his Majestie's authority/ Unfortunate Penn-
sylvania, under such Sentiments ! If the King should judge all the
Purposes of that Instruction answered upon passing the Paper
Money Act laid before him by his Parliament in 1751, we must,
nevertheless, for ever continue under the Burden of it without Re-
dress ; and if we should suppose the Governor is restricted by the*

726 MINUTES OF THE

Proprietaries from giving his assent to the Emission of any further
sum in Bills of Credit, as we have very little Reason to doubt, if
then the Proprietaries should be pleased to withdraw that Restric-
tion and leave him at Liberty to pass all our Acts upon the Terms
granted us by our Charters, what will this avail if the Governor
continues to think he can never be freed from the Obligation of pay-
ing a strict obedience to this additional Instruction?

" Under these Circumstances how must the Proprietaries or Free-
men of this Province conduct themselves to the Satisfaction of the
Governor in order to be once more restored to the Rights granted
to the Proprietaries and People of this Province by the Royal and
Provincial Charters. That the Proprietaries may have some In-
fluence over him is not improbable, but how far the good People or
their Representatives may expect to have any on this or any other
Occasion, we fear is too evident.

u The Governor is pleased to say in answer to our Message of the
Fifth Instant upon the mischievous Tendency of the Bill brought
into Parliament in 1749, l That he is still of the same Opinion
with Regard to that Bill, but thinks a moderate Share of Penetra-
tion is sufficient to distinguish between an Act to enforce all Orders
and Instructions of the Crown of whatever nature, and a Royal
Instruction founded on an address of the Parliament that only re-
lates to one particular Point in which his Majestie's Prerogative
may be supposed to be concerned, and besides is plainly calculated
to do justice between Man and Man, and we must certainly allow
him to be Judge of the Necessity he is under of paying Obedience
to the King's Instruction when a disregard of it is threatned with
his Majestie's highest Displeasure/

" Upon which your Committee beg Leave to remark : They ap-
prehend all Royal Orders and Instructions subject the Governors
to whom they are directed, and their Successors too as the Governor
is pleased to inform us, to the Royal Displeasure, unless such In-
structions are revoked by his Majestie's Authority, and yet we
cannot find that Governor Keith, to whom it was directed, or Gov-
ernor Gordon his Successor, or Governor Thomas, or our present
Governor, have ever thought themselves under any Danger of incur-
ring his Majestie's Displeasure for a total neglect and direct Disobe-
dience to the additional Instruction of the Lords Justices in 1723,
the original of which we make no doubt, as well as of the Instruc-
tion of 1740, is in the Governor's Possession, and the Substance
of both we know to be printed with the Minutes of our House.
Why, then, an Instruction allowed to be in Force in 1723, and still
unrevoked, should be of no Effect, and an additional Instruction of
the Lords Justices in 1740, possibly revoked by the Conduct of the
succeeding Sessions of the same Parliament, upon whose Address
to his Majesty that Instruction was founded, should be so strictly
binding, ' is what We cannot apprehend/

PROVINCIAL COUNCIL. 727

" But the Governor is pleased to say, i We must certainly allow
him to be Judge of the Necessity he is under of paying Obedience
to the King's Instructions when a Disregard of it is threatened with
his Majestie's highest Displeasure/

" If then the Governor, when he takes it for granted that We
must certainly leave him to judge for himself in this case, is
intended to mean ' That he cannot bring himself to think that he
can ever be freed from the obligation of paying a strict Obedience
to all Royal Instructions until the same shall be revoked, or that
he may be otherwise discharged from them by his Majestie's
Authority,' why then has he so totally disregarded the Lords
Justices' additional Instruction of 1723.

aOr if the Governor means We must certainly leave him to
judge of the Necessity of remembring or not remembring the
Royal Instructions, as the one or the other may suit the Purposes
of the Governor to whom they are directed, or such of his Succes-
sors as may claim a Protection under them, How is this to be recon-
ciled with the great Regard the Governor is pleased to declare he
has to the Liberties and Privileges of the People ?

"Again, if he means Royal Instructions, if unknown to him,
tho' possessed of the Originals, are not binding and cannot be
attended with any Danger of his Majestie's Displeasure, why had
he not been pleased to forget the Instruction of 1740 as well as the
Instruction of 1723, since there appears no greater Danger, as far
as we know, from a Disregard of one than of the other ?

" But if the Liberty the Governor contends for can mean that
We must allow him to judge for himself how far he may or may
not obey such Royal Instructions at his own Risque (as his
Majestie's highest Displeasure is threatened against him particu-
larly) and at his own Pleasure too, then we must own we are at a
Loss to distinguish any great Difference between the mischievous
Tendency of an Act to enforce all Orders and Instructions of the
Crown whatever, and the Necessity the Governor is pleased to think
we are under to allow him the Power of enforcing them whenever
he shall think fit, with this Preference, however, that We would
far rather chuse to submit ourselves and our Cause to the King and
the Justice of a British Parliament than to the meer Will of our
Governor, whether to enforce or disregard them, however they may
have answered their Ends or otherwise abated of their Force. And
in the present Case we hope the Governor on Reflection will pay
some Regard to the Judgment of the same Parliament, from which
the Address to the Crown had been preferred to issue this addi-
tional Instruction, who altho' requested in their next Session
by the Board of Trade to address the Crown again that he
would be pleased to repeat his Instructions to the Governors in
his American Colonies, have not only never complied therewith
that we know of, but have since passed an Act for restraining the

728 MINUTES OF THE

Issuing the Bills of Credit in those particular Colonies where after
a full Enquiry they found such Emissions injurious to the Trade
of Great Britain or not calculated to do Justice between Man and
Man, and have left Us, as we presume, exonerated from the Burden
of this additional Instruction and in full Power over our Laws upon
the Terms of our Charters ; and so long as we ask nothing further
than is warranted by these, we hope it neither will nor can interfere
with the Royal Prerogatives.

" It may be presumed the Representatives of this Province when
met in their Assemblies have some valuable Privileges yet left in
framing their Laws to do Justice between Man and Man without
the aid of an additional Instruction j and we hope it cannot be ex-
pected that we should very easily part with those Rights and de-
pend on Royal Instructions over which we are to allow the Gov-
ernor the Power he is pleased to contend for : and we have no rea-
son to doubt all Men of Understanding and Candour will prefer
a regular Course of Laws occasionally suited to the Times, and
framed by the Representatives of the People annually chosen and
assented to by their Governor, to a Series of Instructions sent for
that Purpose from so great a Distance.

" For our own Part we are fully satisfied and assured that so long
as we continue in our Duty and Loyalty to the best of Kings, who
has been pleased to declare c That nothing in this World can give
him so much Pleasure as to see (his Subjects) a flourishing and
happy People/ and neither claim nor desire other or greater Privi-
leges than those we have a Right to under the Grant of his Royal
Predecessors, we can have nothing to fear from the King or a Brit-
ish Parliament; and as it is our Duty to defend these in the best
Manner we are able, in the faithful Discharge of so high a Trust
we shall have the Satisfaction of our own Minds, and we hope the
Countenance of all good Men, notwithstanding the Governor's
Opinion that the Charge made against this Province (among other
Charter Provinces) by the Board of Trade is not much to our advan-
tage.

" Upon the whole, your Committee beg leave to add they appre-
hend it must be not only a Loss of Time to the Representatives,
but a great Expence to the Country to prepare Bills for the Gov-
ernor's Assent if he should be bound by private Instructions from
our Proprietaries and should not be able to bring himself to think
he could ever be freed from the Obligation of paying a strict obedi-
ence to these Instructions until the same should be revoked. That
there are such Obligations or Instructions which may possibly have
some "Weight in the present Dispute, as well as the additional In-
struction of 1740, your Committee have good Reason to believe.
In oider, therefore, to do Justice to our Governor as well as our
Constituents, and to save all unnecessary Expence and Loss of Time
to both, we submit to the Consideration of the House how far they

PROVINCIAL COUNCIL. 729

may judge it necessary to reccommend this Enquiry to the succeed-
ing Assembly. Submitted to the Correction of the House by

" EVAN MORGAN,
"JOSHUA MORRIS,
"BEN J. FRANKLIN,
"HUGH ROBERTS,
"MAHLON KIRKBRIDE,
" GEORGE ASHBRIDGE,
"JAMES WRIGHT,
"JOHN WRIGHT,
"JOHN ARMSTRONG,
"MOSES STARR,
"JAMES BURNSIDE.
"In Assembly, 11th Sept'- 1753."

This Report discovers so much Heat and Unreasonableness in the
Assembly that the Council thought it would be better to return the
Bill with a Negative than amend it ; and to recomend some other
Method of raising Money.

Whereupon the Governor proposed the following Message, which
was read and approved, and sent by the Secretary to the House.

A Message from the Governor to the Assembly.
" Gentlemen :

" As neither my Inclination, the Shortness and Urgency of the
Time, nor the Circumstances of my Health, will admit of my en-
gaging in Controversy on the Subject of the Paper Money Bill
lately presented for my Approbation, I will cut off all Occasions for
that by giving, as I hereby do, an absolute Negative to the Bill.

" You cannot but be sensible, Gentlemen, that the Funds You
are now possessed of, which are to continue yet for several Years
without Diminution, are greatly more than sufficiont for the Sup-
port of Government; and notwithstanding what You are pleased
to say of your ' present Deliberations depending in a great Measure
upon the Success of your Money Bill/' I promise myself I shall
find You much better Subjects to his Majesty, as well as greater
Lovers of your Country, than to suffer your Duty to the One or
your Zeal for the Preservation of the Other to be governed by a
Concurrence or Disagreement of Sentiments between You and Me,
upon a Point in which each of us have an independant Right to
judge for ourselves.

" If, however, You should be of Opinion that there will be a
Necessity to strike a further Sum in the Bills of Credit to defray
the Charges of raising Supplies for his Majestie's Service in this
Time of imminent Danger, and will create a proper Fund or Funds
for sinking the same in a few Years, I will concur with You in

730 MINUTES OF THE

passing a Law for that Purpose, thinking myself sufficiently war-
ranted so to do in cases of real Emergency.

" And now, Gentlemen, I hope you will, upon due Consideration,
be of Opinion with me that the chief End of your Bill will be
hereby -in a great measure answered, as the Sum to be struck and
circulated upon this occasion will be such an Addition to your
present Currency as probably may be thought sufficient for some
time.

" I have nothing farther to say at present but to thank you for
your Acknowledgments of my Care in Indian Affairs, and to press
you to hasten your Resolutions upon the Matters recommended in
my last Message, that I may as soon as possible be able to acquaint
the Governor of Virginia what assistance he may expect from this
Province.

"JAMES HAMILTON.

" February 19th, 1754."

At a Council held at Philadelphia Wednesday the 20th of Febru-
ary, 1754.

The Governor still indisposed.

present :
John Penn, Thomas Lawrence, ~\

Robert Strettell, Benjamin Shoemaker, > Esquires.

Joseph Turner, Richard Peters, j

The Minutes of the preceding Council were read and approved.

The Governor ordered the Secretary to inform the Council that
Andrew Montour and John Patten were come from the River Ohio ;
that he had acquainted the Assembly of it by a verbal Message,
and told the House he would lay their Dispatches before the Council
this afternoon, and before them to-morrow; that the Transactions
with the Indians were contained in a Journal sent by Mr. Croghan,
and in a Diary taken by Mr. Patten, which he desired might be
read and sent to the House.

His Honour further desired that they would examine Mr. Mon-
tour and Mr. Patten very strictly concerning the Distance of the
Mouth of Mohongialo, Log's Town, Shannoppin, Weningo, and the
other Parts of Ohio that were actually seized or going to be seized
by the French, giving it as his Opinion that as the Courses and
Distances were set down by Mr. Patten in his Diary, in which Mr.
Montour had given him his Assistance, he should be desired to
make a Map of his Journey, setting them down truly and reducing
them to a strait Line.

Accordingly Mr. Croghan' s Journal and Mr. Patten's Diary

PROVINCIAL COUNCIL. 731

were read by the Secretary, and the former ordered to be enter'd in
the Minutes of Council, but as Mr. Patten in his Diary had given
pretty much the same Account as Mr. Croghan of the publick
Business done with the Indians, they did not think it necessary to
be transcribed, and agreed with the Governor that a Map should be
carefully made by Mr. Patten of the Courses and Distances from
the Sasquehannah to the Ohio, and reduce to a strait Line ; and
that all possible Information should be obtained of this Matter,
Mr. Peters acquainted them that a Temporary Line was run by
Commissioners of Pennsylvania and Maryland, one hundred and
forty-four Miles West from this City ; that as soon as Mr. Patten
should finish his Map he could shew them where a Meridian would
strike the Path he went, and from thence the Distance to the Ohio
might be easily calculated so as to admit of very little Doubt.

He further informed them that Mr. Weiser had set down the
Distances from the Sasquehannah to Log's Town in his Journal of
the Year 1748, and Mr. Montour and other Indian Traders had
likewise been frequently examined by the Governor and had given
an Account of the Distances of that River from Sasquehannah ac-
cording to the Roads they went. All which might be compared in
order to find out the true Distance.

George Croghan's Journal, 1754.

" January 12th, 1754.

" I arrived at Turtle Creek about eight miles from the Forks of
Mohongialo, where I was informed by John Frazier, an Indian
Trader, that Mr. Washington, who was sent by the Governor of
Virginia to the French Camp, was returned. Mr. Washington
told Mr. Frazier that he had been very well used by the French
General; that after he delivered his Message the General told him
his Orders were to take all the English he found on the Ohio,
which Orders he was determined to obey, and further told him
that the English had no business to trade on the Ohio, for that all
the Lands of Ohio belonged to his Master the King of France,
all to Alegainay Mountain. Mr. Washington told Mr. Frazier the
Fort where he was is very strong, and that they had Abundance of
Provisions, but they would not let him see their Magazine ; there
are about one hundred Soldiers and fifty Workmen at that Fort, and
as many more at the Upper Fort, and about fifty Men at Weningo
with Jean Cceur; the Rest of their Army went home last Fall, but
is to return as soon as possible this Spring; when they return
they are to come down to Log's Town in order to build a Fort
somewhere thereabouts. This is all I had of Mr. Washington's
Journey worth relating to your Honour.

" On the thirteenth I arrived at Shanoppin's Town, where Mr.
Montour and Mr. Patten overtook me.

732 MINUTES OF THE

" On the fourteenth we set off to Log's Town, where we found
the Indians all drunk j the first Salutation we got was from one of
the Shawonese who told Mr. Montour and myself we were Pri-
soners, before we had time to tell them that their Men that were in
Prison at Carolina were released, and that we had two of them in
our Company. The Shawonese have been very uneasy about those
Men that were in Prison, and had not those Men been released it
might have been of very ill consequence at this time ; but as soon
as they found their Men were released they seem'd all overjoyed,
and I believe will prove true to their Alliance.

" On the fifteenth Five Canoes of French came down to Log's
Town in Company with the Half King and some more of the Six
Nations, in Number an Ensign, a Serjeant, and Fifteen Soldiers.

" On the sixteenth in the morning Mr. Patten took a Walk to
where the French had pitched their Tents, and on his returning
back by the Officer's Tent he ordered Mr. Patten to be brought in to
him, on which Word came to the Town that Mr. Patten was taken
Prisoner. Mr. Montour and myself immediately went to where
the French was encamped, where we found the French Officer and
the Half King in a high Dispute. The Officer told Mr. Montour
and Me that he meant no hurt to Mr. Patton, but wondered he
should pass backward and forward without calling in. The Indians
were all drunk, and seemed very uneasy at the French for stopping
Mr. Patten, on which the Officer ordered his Men on board their
Canoes and set off to a small Town of the Six Nations about two
Miles below the Log's Town, where he intends to stay till the Rest
of their Army come down. As to any particulars that pass'd be-
tween the Officer and Mr. Patten I refer your Honour to Mr.
Patten.

"By a Chickisaw Man who has lived amongst the Shawonese
since he was a Lad, and is just returned from the Chickisaw Country
where he has been making a Visit to his Friends, we hear that there
is a large Body of French at the Falls of Ohio, not less he says
than a thousand Men j that they have abundance of Provisions and
Powder and Lead with them, and that they are coming up the River
to meet the Army from Canada coming down. He says a Canoe
with Ten French Men in her came up to the Lower Shawonese Town
with him, but on some of the English Traders' threatning to take
them they set back that night without telling their Business.

" By a Message sent here from Fort De Troit by the Owendats
to the Six Nations, Delawares, and Shawonese, we hear that the
Ottoways are gathering together on this Side Lake Erie, several
hundreds of them, in order to cutt off the Shawonese at the Lower
Shawonese Town. The French and Ottoways offered the Hatchet
to the Owendats but they refused to assist them.

" We hear from Scarrooyady that the Twightwees that went last
Spring to Canada to counsel with the French were returned last

PROVINCIAL COUNCIL. 733

Fall; that they had taken hold of the French Hatchet and were
entirely gone back to their old Towns amongst the French.

" From the sixteenth to the twenty-sixth we could do nothing,
the Indians being constantly drunk.

" On the twenty sixth the French called the Indians to Council
and made them a Present of Goods. On the Indians Return the
Half King told Mr. Montour and me he would take an Opportunity
to repeat over to Us what the French said to them.

" On the twenty-seventh We called the Indians to Council, and
cloathed the Two Shawonese according the Indian Custom, and de-
livered them up in Council with your Honour's Speeches sent by
Mr. Patten, which Mr. Montour adapted to Indian Forms as much
as was in his Power or mine.

" On the twenty-eighth We called the Indians to Council again,
and delivered them a large Belt of Black and White Wampum in
Your Honour's and the Governor of Virginia's Name, by which we
desired they might open their Minds to your Honour, and speak
from their Hearts and not from their Lips ; and that they might
now inform your Honour by Mr. Andrew Montour, whom You had
chosen to transact Business between You and your Brethren at
Ohio, whether that Speech which they sent your Honour by Lewis
Montour was agreed on in Council or not, and assured them they
might freely open their Minds to their Brethren your Honour and
the Governor of Virginia, as the only Friends and Brethren they
had to depend on.

" Gave the Belt.

" After delivering the Belt Mr. Montour gave them the Goods
left in my Care by your Honour's Commissioners at Carlisle, and at
the same time made a Speech to them to let them know that those
Goods were for the Use of their Warriors and Defence of their
Country.

" As soon as the Goods were delivered the Half King made a
Speech to the Shawonese and Delawares, and told them as their
Brother Onas had sent them a large Supply of Necessaries for the
Defence of their Country, that he would put it in their Care till all
their Warriors would have Occasion to call for it, as their Brethren
the English had not yet got a strong House to keep such Things
srfe in.

"The Thirty-First A Speech delivered by the Half King in
Answer to your Honour's Speeches on delivering the Shawonese :

" l Brother Onas —

" ' We return You our hearty Thanks for the Trouble You have
taken in sending for our poor Relations the Shawonese, and with
these four Strings of Wampum we clear your Eyes and Hearts, that
You may see your Brothers the Shawonese clear as You used to do,

734 MINUTES OF THE

and not think that any small Disturbance shall obstruct the Friend-
ship so long subsisting between You and us your Brethren, the Six
Nations, Delawares, and Shawonese. We will make all Nations
that are in Alliance with Us acquainted with the Care You have
had of our People at such a great distance from both You and Us/
" Grave Four Strings of Wampum.

"A Speech delivered hy the Half King.

" l Brethren the Governors of Pennsylvania and Virginia : You
desire Us to open our Minds to You and to speak from our Hearts,
which we assure You, Brethren, we do. You desire We may
inform You whether that Speech sent by Lewis Montour was agreed
on in Council or not, which We now assure You it was in part; but
that Part of giving the Lands to pay the Traders' Debts We know
nothing of it ; it must have been added by the Traders that wrote
the Letter ; but we earnestly requested by that Belt, and likewise
we now request that our Brother the Governor of Virginia may
build a Strong House at the Forks of the Mohongialo, and send
some of our young Brethren, their Warriors, to live on it ; and we
expect our Brother of Pennsylvania will build another House some-
where on the River where he shall think proper, where whatever
assistance he will think proper to send us may be kept safe for us,
as our Enemies are just at hand, and we do not know what Day
they may come upon Us. We now acquaint our Brethren that we
have our Hatchet in our Hands to strike the Enemy as soon as our
Brethren come to our assitance/

" Gave a Belt and Eight Strings of Wampum.

"THE HALF KING,
" SCARRROOYADY,
" NEWCOIUER,
" COSWENTANNEA,
" TONELAGUESONA,
" SHINGASS,
" DELAWARE GEORGE.
" After the Chiefs had signed the last Speech, the Half King
repeated over the French Council, which was as follows :

Ui Children: I am come here to tell you that your Father is com-
ing here to visit you and to take You under his care, and I desire
You may not listen to any ill News You hear, for I assure you he
will not hurt You ; 'Tis true he has something to say to your Breth-
ren the English, but do you sit still and do not mind what your
Father does to your Brothers, for he will not suffer the English to
live or tread on this River Ohio; on which he made them a Present
of Goods.'

" February the First. — By a Cousin of Mr. Montour's that came to
Log's town in company with a Frenchman from Weningo by Land,

PROVINCIAL COUNCIL. 735

we hear that the French expect Four Hundred Men every Day to
the Fort above Weningo, and as soon as they come they are to
come down the River to Log's town to take Possession from the
English till the rest of the Army comes in the Spring.

" The Frenchman that came here in company with Mr. Montour's
Cousin, is Keeper of the King's Stores, and I believe the chief of
his Business is to take a view of the Country and to see what Num-
ber of English there is here, and to know how the Indians are
affected to the French.

" February the Second. — Just as we were leaving the Log's Town?
the Indians made the following Speech :

11 i Brethren the Governors of Pennsylvania and Virginia: we
have opened our Hearts to You and let you know our Minds ; we
now, by these two Strings of black Wampum, desire You may directly
send to our Assistance that You and We may secure the Lands of
Ohio, for there is nobody but You our Brethren and ourselves have
any Eight to the Lands ; but if you do not send immediately we
shall surely be cut of by our Enemy the French/

" Gave two Strings of black Wampum.

" February the Second. — A Speech made by Shingass, King of the
Delawares.
" i Brother Onas :

" ( I am glad to hear all our People here are of one mind ; it is
true I live here on the River Side, which is the French Road, and
I assure you by these three Strings of Wampum that I will neither
go down or up, but I will move nearer to my Brethren the English,
where I can keep our Women and Children safe from the Enemy/

" Gave Three Strings of Wampum.

" The above is a true account of our Proceedings, taken down

by

" Your Honour's most obedient humble Servant.

" GEORGE CROGHAN.
« 3d February, 1754.

" The Honourable James Hamilton Esquire."

The Secretary informed the Council, by Order of the Governor,
that some Disturbance was likely to arise in the County of North-
ampton by reason of a Claim of Right pretended to be made of all
Lands within the forty-first and forty-second Degree of Latitude as
far as to the South Sea, by the People of Connecticut, notwithstand-
ing Mr. Penn's Grant included this Degree as far as the Limits of
their Province, and that some of their People had been tampering
with the Inhabitants of that County, and gave out that they would
come and settle some of the Lands of Wyomink on Sasquehannah in
the Spring, and sell others to such as should be disposed to buy of

736 MINUTES OF THE

them : all which was set forth in a Letter from Mr. Parsons, which
was read and ordered to be entered, and the Consideration of this
Matter referred till the next Council.

11 May it please the Governor :

" Having heard that some Persons under Pretence of an Au-
thority from the Government of Connecticut had passed by Daniel
Broadhead, Esquire's, in their Way to Wyomink upon Sasquehan-
hana River, in order to view the Lands in those Parts, giving out
that those Lands were included within the Boundaries of the Royal
Charter to the Colony of Connecticut, and that they intended with
a very considerable Number of Families to go and settle there next
Spring, and at the same time inviting the present Setlers within
this Province in their Way to accept of Titles under the Govern-
ment of Connecticut for Part of those Lands, I went up to Mr.
Broadhead's to speak with him and to be more fully informed of
the Matter. Mr. Broadhead told me that my Information was but
too true, and that some of his near Neighbours had accompanied
three Gentlemen-like Men to Wyomink who produced a Writing
under a large Seal, which they said was the public Seal of the Gov-
ernment of Connecticut, empowering them to treat and agree with
such Persons as were disposed to take any of these Lands of them ;
and since waiting upon Mr. Broadhead the same has been confirmed
to me by several other Persons of Reputation in these Parts. As
I am very apprehensive this Affair may not only be very injurious
to the. Interest of the Honourable the Proprietaries, but that it may
also be the Means of occasioning very great Disorders and Dis-
turbances in the back Parts of the Province, I thought I should be
wanting in my Duty if I did not give your Honour this Information.
" I am Your Honour's most obedient humble Servant,

"WM. PARSONS.
" Philadelphia, 8th February, 1754.

" To the Honourable James Hamilton, Esquire."

At a Council held at Philadelphia, Friday, 1st March, 1754,
The Governor still indisposed.

PRESENT t

John Penn, Thomas Lawrence,

Robert Strettell, Benjamin Shoemaker, J- Esquires.

Joseph Turner, Richard Peters,

The Minutes of the preceding Council were read and approved.

The Governor on the Twenty-Second of February received a Mess-
age by Two Members from the House " That having gone through
and naturally considered the several Papers relating to Indian

-}

PROVINCIAL COUNCIL. 737

Affairs which he had laid before them at this Sitting, and also ex-
amined his Messengers concerning what they knew in relation to
the Disposition of the French and Indians on Ohio, &** desired to
know if he had any thing more to communicate to the House that
would give them further Light therein or be of Use to them in their
Deliberations thereupon/' To which the G-overnor was pleased to
say He had not withheld any Thing from the House relating to the
Indian Affairs now under their Consideration.

The Governor not thinking it by any means proper to pas.-; by the
Assembly's rude and unprecedented Treatment of him in their
Minutes of last September, informed the Council that he had pre-
pared an Answer thereto, which he submitted to their Consideration,
and if it was approved he proposed to send it this morning to the
House with a verbal Message by the Secretary.

The answer was read and approved, which with the verbal Mes-
sage is as follows :

" Gentlemen :

" Upon perusing the printed Minutes of your House of the
eleventh of September last, I find myself published to the World
in so injurious a Light, merely for having paid Obedience to an
Instruction from his Majesty, that I must not in Duty to the King
as well as Justice to my own Character, suffer it to pass without
some Animadversion ; And altho' you may not think yourselves
accountable for the Conduct of a former Assembly, yet as the
present House is made up of a great Majority of the same Mem-
bers that composed the last, I shall not make any apology for ad-
dressing myself to you as the Authors of the undeserved as well
as unprovoked Treatment I complain of.

"The Paper I refer to is the Report of a Committee of Assem-
bly appointed to consider my Message of the seventh of September,
unanimously approved by the House, in which Report are pretty
plainly contained the following Insinuations and Charges against
me, Viz'- :

"That I have not paid the same Regard to the Requests of your
House as my Predecessor did to the Sentiments of a former Assem-
bly on the like Occasion.

" That I have acted in direct Disobedience to an Instruction from
his late Majesty of the Year 1723.

" That I have kept your Bill, the only Bill of that Year, till your
late Session* without intimating the least that I apprehended myself
bound by an additional Instruction to Governor Thomas in the
Year 1740.

" That I contend for and have actually assumed a Power over the
King's Instructions, to remember or forget, to enforce or relax
them, as it suits my Humour or my Purpose.
vol. v. — 47.

738 MINUTES OF THE

" With regard to the First, You are pleased to say that it is clear
to you that both Governor Thomas and the House too agreed in
the essential Point, viz'- : That the additional Instruction was bind-
ing upon neither of them, And that the Assembly by making Use
of the Distinction of ordinary and extraordinary Cases did convince
him that the Instruction was not to be submitted to on its own
Terms, and therefore by giving his Assent to an Act for granting
Five Thousad Pounds for the King's Use in direct opposition to the
King's Instruction, he shewed a greater Regard to the Sentiments
of that Assembly than you have any Reason to believe I have to
the repeated Requests of your House.

" There is something in this Paragraph that appears to me very
remarakable ; and altho' I would not willingly harbour a Suspicion
that the Representative Body of a whole Province wou'd conde-
scend to make use of any Degree of Artifice (so unworthy even of
private Men) to mislead the understandings of the People merely
with a View to asperse me, yet to me it has so much of that ap-
pearance that I must take leave to examine the Fact upon which
those: Assertions are founded.

" In the Year 1746 the late Governor by his Majestie's Order
called upon the Assembly for a sufficient Quantity of Provisions
for the Subsistanee of the Troops to be raised here for the Reduc-
tion of Canada. In answer to which the House acquaints him that
they are willing to give a Sum of Money for the King's Use, but
upon Enquiry find that neither the Treasury nor Loan Office are
furnished with such a Quantity beyond the other Exigencies of
Government as they are willing to give, and therefore propose the
striking a further Sum of Paper Money to be placed out at Interest
in like manner as are the other Bills of Credit current by a former
Act, by which 'means the Sura to be given might be repaid by the
Interest of the Bills so lent out.

'^In answer to this the G-overnor, by Message of the Thirteenth
of June, tells them that he wishes it were as much in his Power as
it is in his Inclination to agree with them in the Method by them
propos'd for raising it; But that they must be sensible, from the
Royal Instruction communicated to a former Assembly, that he was
forbid, under Pain of his Majestie's highest Displeasure, from
passing any Act for striking Bills of Credit without a Clause
restraining its Operation until the King's Pleasure should be
known.

" In Reply to this Message the Assembly acquaint him that they
are willing to hope, that upon reconsidering the Royal Instructions
he may think himself at Liberty to give his Assent to a Bill for
striking a further Sum of Money in Bills of Credit when any extra-
ordinary Emergency requires it.

" Hereupon the Governor, by .Message of the Fourteenth of June,
again acquaints them that he really does not want Inclination to

PROVINCIAL COUNCIL. 739

oblige them in any Thing they can reasonably desire ; and therefore
his Mortification is the greater to be pressed upon a Point he is not
at Liberty to comply with, the King's Instruction, founded on the
Addresses of the Houses of Lords and Commons, being so positive
that he cannot bring himself to such a Pitch of Boldness as to con-
travene it, and promises himself, upon due Consideration of his
being thus circumstanced, the House will proceed to some less excep-
tionable Method of raising the Sum designed to be granted for the
King's Use.'

"On Receit of this Message the House finding the Governor was
not to be warped from his Obedience to the Royal Instruction,
immediately proceeded to pass a Bill for giving Five Thousand
Pounds for the Use of the King, to be paid out of the Bills of
Credit remaining in the Loan Office for exchanging torn and ragged
Bills, and for striking and emitting other Bills to the same value,
to be sunk by a Tax in Ten Years, which Bill was afterwards
enacted into a Law.

" I should now be glad to know, Gentlemen, upon this State of
the Fact, which is taken from your own Minutes, what are the
Proofs that have made it clear to You that the late Governor agreed
that the King's Instruction was not binding upon him, and that he
acted in direct Opposition to it, since the very contrary is evident,
as well from the Whole Tenor of his Messages as from his Perse-
verance in refusing to consent to a Bill upon the usual Terms, as
the Assembly requested it (that is) without the suspending Clause,
although as an Inducement thereto the House intimated to him an
Intention they had of making an Addition to the Five Thousand
Pounds already voted, which they well knew was like to prove as
prevailing an Argument with him as any they could make use of.
It is true he did, against the strict Letter of the Instruction, give
his Assent to a Bill for striking Five Thousand Pounds to replace
what had been given for the King's Use; but upon due Consider-
ation it must be obvious to every one that the true and genuine
Intention of that Instruction could relate only to Emissions on
common and ordinary Occasions, by means whereof the Evils and
Inconveniences specified in the Body of the Instruction had arisen,
and to prevent which for the future appears clearly to have been the
sole End and Purpose of the Instruction. If again, on the other
Hand, it be considered that the Sum emitted in this Province by
Vertue of the Act of 1746 was very small and occasioned by
a very^ real Emergency, that the same was appropriated solely
to his Majestic' s Use, and that the Whole of it was to be sunk in a
short Space of Time by Taxes, and without there being the least
Probability of its producing any of the Inconveniences complained
of, We must necessarily allow that the late Governor (however
he might disregard the strict Letter) never departed from the Spirit
and Intention of the Instruction, and, therefore, cannot properly be

740 MINUTES OF THE

charged with having acted in direct Opposition to it • for it would
be an Absurdity too glaring to suppose that any Government would
voluntarily tie up the Hands of its Subject from serving it by such
means as they are able in case of great Emergency ; and that this
could never have been any Part of his Majestic' s Intention or that
of the Parliament in addressing him is further evident from the late
Act respecting the Four Eastern Governments, who altho' prohibited
on common and ordinary Occasions, yet in Cases of real Emergency
are permitted to issue Bills of Credit on Condition tnat sufficient
Funds be provided for sinking the same in a short Space of Time,
which was exactly the Case with respect to the Sum emitted by the
Governor and Assembly of this Province.

" Having I hope incontestably proved that the true and real In-
tention of the Royal Instruction could have been no other than to
guard against the Abuses enumerated in the Body of it, and that
the Act for granting Five Thousand Pounds to the King's Use,
passed by the late Governor in 1746, being of a singular and quite
different Nature from Acts passed upon ordinary occasions, could not,
therefore, be comprehended within the Meaning of the said Instruc-
tion. I proceed now to ask the Gentlemen of the Assembly whether
the Distinctions between an Act for emitting a large Sum of Money
on a common and ordinary Occasion, the Interest of which the
Country is to reap the whole Benefit of, to be current for a long
Term of Time without Diminution, and an Act directly the Re-
verse of this in all respects, did never occur to them ? If these dis-
tinctions did occur to them, and it is next to impossible that they
should not, I ask them again with what Degree of Candour they could
affect to consider them as one and the same Case, and thence take
Occasion to charge me with having less Inclination to oblige the
People under my Government than my Predecessor ? Did the House
ever offer me a Bill of any Thing like the Tenor of that of 1746
that I refused my assent to ? I am persuaded they will not say it.
How, then, is it possible they should know that upon a like Occasion
I should be less willing than my Predecessor to oblige them.

" Secondly. With regard to the additional Instruction of the
Twenty-third of July, 1723, I have this to alledge for myself: that
previous to my Message of the Seventh of September, I had caused
the Minutes of Council and all the Papers in that Office to be very
carefully Inspected without being able to discovor the least Foot-
steps of that or any other Instruction to the like Purpose. And
as I had never heard of any such being directed to the Governors
of this Province I may reasonably Claim some Excuse, destitute as I
was of the means of Information, for having presumed (for in Reality
it is but a Presumption) that no Instruction of that kind had been at
any time sent here; Yet when the House without the least Occasion
given by me departs from that Decency both of Matter and Language
which they must be sensible ought inviolably to be observed between

PllOVINCIAL COUNCIL. 741

the different Branches of the Legislature, and instead of imparting to
me the Information they were possessed of touching the Matter in
Controversy go on to utter Reflections and Insinuations of a most
invidious Nature, I am afraid they will stand in need of greater
allowances for their Conduct than even a good-natured Man may be
willing to make. Pray, Gentlemen, if I had even asserted, which
I did not, that no Instruction like that of the Year 1723 had ever
been directed/to the Governor of this Province, would it have been
any great Stretch of your Charity to have supposed me, as I really
was, ignorant of it ? Or would it have been unbecoming the
Honour of your House to one in my Station to have enquired into
the Truth of the Matter before you had proceeded to charge me in
Print, for I can call it no less ;

" With remembering or not remembering a Royal Instruction as
it best suited my purpose j

" With having purposely forgot the Instruction of 1723, altho'
possessed of the Original (which is not true) because it did not suit
my Purpose, and remembering that of the Year 1740 because it
did;

" With having little Regard to the Libertias and Privileges of
the People under my Government, tho' You are not able to give an
Instance wherein I have infringed them ;

" With having totally disregarded the Lords Justices' Instruction
of 1723, which at that Time I had never seen nor heard of?

" Or is my Character so notorious with You for falsehood and
Dissimulation that any involuntary Mistakes by me committed would
not have admitted of a milder Construction than You have been
pleased to put upon them ? If I have given You Reason to enter-
tain this Opinion, of me, You will be the better justified in having
censured so severely ; But if, on the contrary, I have ever acted
with Integrity and good Faith towards all the Assemblies that have
ever met during my Administration, then I must needs tell you
that you have been vastly deficient in that Charity and Benevolence
which, as Members of Society, We mutually owe to one another,
as well as extremely cruel to yourselves, since, upon what other
Principle than that of Charity can you hope to be excused for
having positively asserted in your Message of the fifth of Septem-
ber that there never had been a single Instance of the Passing
any Law under the Restrictions contended for by me from the first
Settlement of the Province to that Bay, when in turning to our
own Book of Laws you might have satisfied yourselves that in an
Act prescribing the Forms of Declaration, &ca" the suspending Clause
is inserted in the fullest manner ? And yet I sincerely declare that
I never thought otherwise of this than as of a Mistake you had
fallen into thro' Precipitation and a Zeal for the Cause you had in
hand, without ever thinking I might be justified in insinuating that
You either willingly told an untruth or that You thought your-

742 MINUTES OF THE

selves at Liberty to remember or forget the aforesaid Act of As-
sembly as it best suited the Purpose in your Controversy with me.

" I confess myself at a Loss to understand what is meant by the
House in saying that I have acted in direct Disobedience to the
Lords Justices' Instructions of the Year 1723, as on the most care-
ful Recollection I cannot call to mind the having passed any Act
that can possibly fall within the Meaning of that instruction (which
relates alone to private Acts concerning Lands and Messuages)
since my accession to this Government. Yet even supposing that
to have been the Case, I may with some appearance of Reason ex-
pect to be pardoned, since it is hoped that none can be so unjust as
to construe that a willful Disobedience which arose entirely from
my Ignorance of their being any such Instruction after taking the
utmost Pains to be informed..

" I acknowledge, Grentlemen, You have now shewn me that such
an Instruction does subsist, and am extremely glad to hear You at
least declare it to be your Opinion (however contradictory to many
Parts of your Message and Report) that all Royal Orders and
Instructions subject the Governors to whom they are directed and
their Successors too to the Royal Displeasure, unless such Instruc-
tions are revoked by his Majestie's Authority. If, then, as You
justly say, all Royal Orders and Instructions unrevoked are bind-
ing upon the Governors to whom they are directed, and their Suc-
cessors too, Why is so much Resentment shewn on your Part on
account of my having paid Obedience to those Instructions which
b}f your own acknowledgment I am bound to pay under Pain of his
Majestie's Displeasure. Upon this Declaration of yours I will once
more appeal to your own Breasts with Regard to the Reasonable-
ness of your requesting me to disregard those instructions at the
certain Disadvantage of incurring his Majestie's Displeasure, and
perhaps to the Injury of my private Fortune and Loss of my Cha-
racter. And if (as you seem to suppose) the King, by having passed
the Paper Money Act laid before him in 1751, has judged all the
Purposes of that Instruction to be answered, can there be a more
favourable Season than the present to apply to his Majesty for a
Revocation of it ? Or by whom can the Application be so properly
made as by the People's Representatives, who look upon their Con-
stituents to be most aggrieved by it, since by your own acknow-
ledgment no Governor can dispense with paying Obedience to it
until revoked, but at the the Risque of incurring his Majestie's Dis-
pleasure, which it is very improbable any Governor will be hardy
encJttgh to do.

** Thirdly. You are pleased to say that I have kept your Bill, the
onij Bill of that Year, till your last Sessions, without intimating in
the least that I apprehended myself bound by an additional Instruc-
tion to Governor Thomas in the Year 1740.

■"Had I been invested, Gentlemen, with a Power to direct the

PROVINCIAL COUNCIL. 743

Assembly how many Bills they should prepare and offer to me
in any one Year, and had made use of that Power to limit or re-
strain them to the particular Bill in Question .in Exclusion of all
others, there might have been some Reason for their having laid
such Stress upon the Words only Bill, but as it is well known
that no Governor is or ought to be possessed of such a Power, and
that the Assembly is at full Liberty to prepare and offer so many
Bills, and of such sort as appear to them expedient, without the least
Check or Control from any Body, to whose Account ought the fault
to be charged (if in Truth it be a Fault) that it was the only Bill
of that Year? To mine, who neither had nor claimed any Au-
thority to interfere at all in their Proceedings? — Or to their' s, who
altho' invested with the Power, yet upon that Occasion declined to
make Use of it ? That I kept your Bill from the Month of May
to the Month of August following in order the better to consider
it, is very true, nor will you deny that I had an unquestionable
Right so to do; but how could that possibly interfere with your
preparing Bills to be passed into Laws in the Months of January
and February preceding, which is known to be the usual Time of
the Assembly's Sitting to do Business here ? Or to what Purpose
should I have intimated to you any Thing respecting that Instruc-
tion till the Bill came before you again upon my Amendments ? At
which Time I had so little Apprehension of your objecting to the
Validity of that Instruction that I looked on the Bill as good as
passed, and that not only the Members of the Assembly but every
Inhabitant the least conversant in publick affairs were acquainted
with that standing Instruction.

" Fourthly. That I contend for and have actually assumed a
Power over the King's Instructions to remember or forget, to en-
force or relax them, as it suits my Humour or my Purpose.

11 1 am sorry, G-entlemen, You should have spent so much Time
and Labour in endeavouring to find out the Meaning of what ap-
pears to me a very plain and artless Sentence in my Message of the
seventh of September, and which must have appeared equally plain
to you had it been read with the same Candid Disposition with
which it was wrote. Let us examine the Words themselves and the
Occasion of their being used, as from thence we shall see whether
they will bear the Interpretation You have been pleased to put upon
them. The Assembly in their Message of the fifth of September
made use of several Arguments to prove that the King's Instruc-
tion either never was, or that the Ends of it having been answered
it could no longer be binding on the Governors of this Province,
and therefore hoped I would think myself not at all concerned
therein and pass their Bill as it then stood, that is in direct Oppo-
sition to the King's Instruction. But as I had not the good For-
tune to be convinced by their Arguments, and as it would have
been highly impertinent in me to have entered into a Vindication

744 MINUTES OF THE

of what had been advised by the Two Houses of Parliament and
assented to by his Majesty, I concluded with telling them in my
Answer that they would certainly allow me to judge for myself of
the Necessity I was under of paying Obedience to the King's In-
struction when a Disregard of it was threatned with his Majestie's
highest Displeasure j the Meaning of which Sentence can be no
other than this, That as I was threatened with the King's highest
Displeasure in case I disobeyed his Instruction, therefore they must
allow me to judge for myself between the Force of the Arguments
by them adduced to invalidate the said Instruction, and my own
Opinion of its continuing to bind me.

"It is impossible any other Construction can be fairly put upon
these Words; And yqt the Assembly, by having in the first place
taken something for granted which in itself is absolutely without
Foundation, and in the next b}r perverting the clear Meaning and
common Sense of my Words, have plainly insinuated as if I con-
tended for and actually assumed a Power over the King's Instruc-
tions to remember or forget, to enforce or relax them, just as it
suited my Humour or my Purposes. This, Gentleman, among many
others, is such an Instance of unfairness as astonishes me, and could
in my opinion have proceeded from nothing less than a determined
resolution to differ with me, and which (could I prevail on myself
to break thro' the Rules I have prescribed for my conduct with
regard to Gentlemen in your Station) would require, as it justly
merits, the sharpest Return.

" Aided to these You have, I observe, upon several Occasions
given it as your Opinion that I am restricted by Proprietary
Instructions as well as those from the Crown. How consistent it
may be with the Rules of Parliamentary Proceedings to take
notice of any Thing respecting me which does not come properly
befoiv you from myself, I leave you to judge; But I am persuaded
that had I administered the like Occasion of Complaint to you, you
would not have been backward in charging me with a Breach of
your Privileges. Did any of the Amendments proposed to the
Paper Money Bill look as if they had been dictated by Proprietary
Instructions, Or was any thing offered on my Part but what was
common in your former acts, except what I was obliged to add in
Consequence of the King's Instruction ? with which had you then
acquiesced 'tis more than probable your Bill would by this Time
have received the Royal Sanction, and you have been put in Poses-
sion of what you appear so Sollicitous about.

"I must not, however, omit to return You my Thanks in behalf
of the Proprietaries for the Regard you are pleased to express for
their lights in your Resolve relating to the Royal Instruction; an
equal Concern for all their other Rights as they come occasionally
before you cannot fail of receiving their just acknowledgements and
of entitling the People you represent to all the Favours and Benefits
they are capable of bestowing.

PROVINCIAL COUNCIL. 745

u Having gone through what appeared worthy of Observation in
the Report, I now proceed to enquire what Part of my Conduct can
have given Occasion to such Resentment as to induce you to lay
aside those Rules of Civility so constantly practiced by Legislative
Bodies, and to treat me in a manner which nothing less than an
actual Invasion of your Liberties and Privileges or some other
notable provocation can ever justify, and which, were I to imitate
by giving the same free Scope to my Passions, I leave you to judge
how the Publick Business could be carried on.

u Was there any Thing either in the Manner or Matter of my
Message that necessarily called upon You for such a Return ? I am
persuaded You will acquit me of that.

" But you say You have no other Method to secure yourselves
from future Insinuations, &ca-' but by leaving your Sentiments, &**•»
on your Minutes in the clearest Manner You are able. I agree
with You, Gentlemen, that if You apprehended the Interest of your
Constituents might be injured by your Silence the design was highly
laudable. But was it ever known that an Argument lost any Thing
of its Force by being handled in a modest and decent Manner? Or
could you not have left your Sentiments, &ca' on your Minutes
without uttering the most injurious Insinuations against me ? You
must be sensible other Governors and Assemblies have differed in
Opinion upon Points nearly of the same Nature with this ; but have
those Assemblies, therefore, behaved to their Governors as if it was
a Crime in them to have been charged with Instructions from the
King ? Or proceeded to insinuate because they thought themselves
obliged to yield Obedience to those Instructions, that, therefore,
they had no Regard to the Liberties and Privileges of the People ?
Or that it was evident the good People or their Representatives
were not to expect to have any Influence over their Governor on
that or any other Occasion ? I am perswaded, Gentlemen, You
will not be able to find a similar Instance on so slight an Occasion
in the Records of any Assembly in his Majestie's Dominions, and
consequently that the Report of your Committee is a Paper of the
first Impression.

" Had I been an Enemy to the Liberties and Privileges of the
People, or been desirous of gratifying my own Passions at their Ex-
pence, it must be confessed You have furnished me with the fairest
Occasion a Governor so disposed could possibly have wished for.
For Example : You have voted a Clause proposed to be added to
your Bill by his Majestie's express Direction at the Request of his
Two Houses of Parliament, to be destructive to the Liberties of the
People of this Province, &c, and have even threatened to examine
the Validity of the King's Instruction if by a Perseverance in my
Opinion I laid You under the Necessity of doing it. What is this
less than declaring that the Lords and Commons and his Majestie's
Privy Council, consisting among others of the most eminent Law-

746 MINUTES OF THE

yers in Great Britain, have requested and his Majesty enjoined an
Act directly contrary to Law ?

If, then, in Consequence of the Indignation You cannot but sup-
pose me to have conceived at finding myself so unworthily used for
no Cause given on my Part I had transmitted to his Majestie's Min-
isters a Representation or Complaint of the forementioned Proceed-
ings, agravated with all the invidious Constructions of which they
are capable and which an abused or a provoked Man might think
himself well justify ed in making use of, can you think the Conduct
you held upon that Occasion would contribute any thing to the bet-
ter recommending You to his Majestie's Favour? Or might it not
rather tend to encrease the jealousies and Suspicions already too
easily entertained of these Colonies by our Superiors, and perhaps
terminate finally in an act to compel Obedience not to one but all
Instructions from his Majesty? Which I hope will never be the
Case, thoJ You must be sensible it has more than once been medi-
tated by Gentlemen of great Weight and Authority in the British
Parliament.

" But if, on the contrary, all this has been avoided, and I have
endeavored to suppress as much as in me lay any Resentment by
which the Publick may be affected, in hopes of a more dispassion-
ate Behaviour on your Part for the future, I flatter myself with hav-
ing done the People of this Province as effectual a good Service by
my Moderation as You by all the Zeal and Warmth You have
expressed upon the Occasion.

"JAMES HAMILTON.

"1st March, 1754."

The Governor's Verbal Message.
" Sir :

" The Governor commands me to aoquaint the House that obser-
ing among the Minutes of the last Assembly a Paper which he
apprehended to be highly injurious to his Character, he had pre-
pared an answer thereto, which he would have laid before them at
the Beginning of the Sessions, but being unwilling for any private
Consideration of his own to divert the attention of the House from
the important Matters he then recommended to them, he has delayed
it till this Time, when he understands they have not much Business
before them."

PROVINCIAL COUNCIL. 747

At a Council held at Philadelphia, Saturday the 2d Day of March,
1754.

The G-overnor still Indisposed.

present :
John Penn, ^

Joseph Turner, j- Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

The Assembly having on the Twenty-Seventh of February sent
the Governor a written Message in answer to his of the nineteenth
of February, relating to the Paper Money Bill, he sent it to the
Council with the Draught of a Reply which he proposed to make
to it, and desired before they proceeded to consider them that they
would carefully peruse Mr. Patten's Map of the Distance of the Ohio,
together with the account given of the same by Mr. Weiser and the
Traders on former examinations, and likewise that they would exam-
ine Mr. West, who accompanied Col. Fry and other Gentlemen to
Log's Town to a Treaty held there by them as Commissioners on the
Part of Virginia with the Ohio Indians in the Year 1752.

The Message was read in these words :
" May it please the Governor :

" The unusual Manner in which the Governor has been pleased to
refuse his assent to a Bill of the greatest Importance to the Pros-
perity and Welfare of this Province, appears to us particularly
unfortunate at this time, when an easy access to the Governor and
free Conferences with each other would so naturally tend to cement
the Several Branches of the Legislature by the Strong Ties of
their mutual Interest, notwithstanding any supposed independent
Rights on either Part. Yet as we apprehend it our Duty under
these Difficulties, and in all circumstances, to contribute whatever
lies in our Power towards preserving or restoring this Harmony, we
have referred that Part of the Governor's Message to be considered
independent of the Royal Commands and other pressing affairs
recommended to us at this Time, in order that no seperate Interests
of our own which can possibly be avoided may interfere with the
common Good of these his Majestie's Colonies on the Continent of
America.

" Under these Considerations We have deliberately considered
the other Matters contained in the Governor's Messages and Let-
ters to which they refer, in which we cannot but observe some Dif-
ferences between the Royal Orders, signified by the Earl of Holder-
nesse's Letter as well as the Letter from the Lords of Trade of the
eighteenth of September last, and the Light in which the Governor
is pleased to represent them in his Message of the Fourteenth In-
stant, for which Reason we shall undoubtedly stand excused if We

748 MINUTES OF THE

recur to the Letters themselves for the Rule of our Conduct in this
great Affair.

" The Earl of Holdernesse in his Letter of the twenty-eighth of
August last has very minutely and precisely directed the several
Steps to be taken and the Cautions to be used by the Governors of
the Colonies in regard to their own Defence, or when called upon
by the neighbouring Provinces or any others of his Majestie's
Colonies for their mutual assistance in Support of the general In-
terest of the British Dominions on the Continent, in which, as it is
his Majestie's Determination not to be the Aggressor, they are most
strictly commanded and enjoined not to make use of an armed Force,
excepting within the undoubted Limits of his Dominions, and in
that case under such Restrictions only as are particularly set forth
in the Royal Order.

" As it would be highly presumptuous in us to pretend to judge
of the undoubted Limits of his Majestie's Dominions on the Con-
tinent, so neither ought we to fix the Boundaries of this Province
beyond which We apprehend our own Forces are strictly enjoined
by no Means to act as Principals, especially as the Governor has
not been pleased to furnish Us with any Materials for that Enquiry,
were we so inclined or were we the proper Judges, nor has he made
the necessary Requisition, or called upon us to resist any hostile
Attempts made upon any Part of his Majestie's Dominions
within this Government, but to grant such a Supply as might
enable him to raise Forces to be ready to join those of Vir-
ginia early in March upon Patowmack. Under these Circum-
stances We hope the Governor will concur with Us, the most pru-
dent Part will be to wait the Result of the Government of Virginia,
as there is no Provision yet made there, so far as We know, for the
raising any Forces on this Occasion, nor in Maryland their neigh-
bouring Colony, or New Jersey, equally engaged in the general
Interest of the British Dominions on this Continent, tho' the Gov-
ernors have called upon their respective Assemblies for that Purpose
in Pursuance of the Royal Command, signified to them in the circu-
lar Letter from the Earl of Holdernesse as above ; and this Caution
We presume is more especially becoming Us, as it is well known
the Assemblies of this Province are generally composed of a
Majority who are conscientiously principled against War, and re-
present a well-meaning, peaceable People, deeply sensible of the
great Favours, Protection, and Privileges they enjoy under the
present Royal Family, and therefore ready and willing to demon-
strate their Duty and Loyalty by giving such Sums of Money to the
King's Use, upon all suitable Occasions, as may consist with our
Circumstances or can be reasonably expected from so young a
Colony.

11 By the Accounts now before Us we find we have contracted a
Debt of about Fourteen Hundred Pounds for Presents to the

PKOVINCIAL COUNCIL. 749

Indians and other Charges arising from the late Treaty at Carlisle,
which We shall discharge chearfully, notwithstanding our Proprie-
taries refuse to contribute any Part of our Indian Expences, which
have encreased upon Us exceedingly within these few Years ; never-
theless We return our Acknowledgments to the Governor for his
Care and prudent conduct on that Occasion, as well as to the Gen-
tlemen who, under the Governor's Commission, held the Treaty at
that critical Juncture to our Satisfaction, and we hope not only to
our own but to the general Interest of these Colonies, by demon-
strating to our Indian Allies the good Faith with which the Sub-
jects of Great Britain fulfil their Treaties and the ready Assistance
they may depend on under their Wants and Necessities.

" The Letter of the Lords of Trade having left both the Time and
Place of holding a Treaty with the Six Nations to the Governor of
New York, he has thought fit to appoint it to be held at Albany on
the Thirteenth or Fourteenth of June next, as the Governor has
been pleased to inform us. However inconvenient it may appear
to Us to hold cur Treaties with the Indians at Albany, yet as all
his Majestie's Colonies whose Interest and Security are connected
with or depend upon the Six Nations, are invited to join in this
Interview, if the Governor should think it may be for the Interest or
advantage of this Province to appoint Commissioners to be joined
with those of the other Governments on this Occasion, we shall be
willing to make the proper Provision for that Purpose, together
with a small Present ; but as Wre have been already at so consider-
able an Expence at our late Treaty, it cannot be expected nor do
we apprehended it would answer any good Purpose to make it very
large at this Time.

" We are now to join with the Governor in bewailing the miser-
able Situation of our Indian Trade carried on (some few excepted)
by the vilest of our own Inhabitants and Convicts imported from Great
Britain and Ireland, by which means the English Nation is unhap-
pily represented among our Indian Allies in the most disagreeable
Manner. These trade without Controul either beyond the Limits
or at least beyond the Power of our Laws, debauching the Indians
and themselves with spirituous Liquors, which they now make in a
great measure the principal Article of their Trade in direct Viola-
tion of our Laws, supplied, as we are informed, by some of the
Magistrates who hold a Commission under this Government and
other Inhabitants of our back Counties. These Laws now in force
if duly put in Execution we hope would in a great Measure redress
the Grievances complained of; but that no Endeavours may be
wanting on our Part we have appointed a Committee to consider if
anything further in our Power can be done to remedy these Evils,
and to bring in a Bill accordingly.

" Signed by Order of the House.

" ISAAC NORRIS, Speaker.
" In Assembly, 27th February, 1754."

750 MINUTES OF THE

And then Mr. Patten and Mr. Montour were examined, who did
declare that the Courses and Distances from Carlisle to Shanoppin,
an Indian Town on the Paver Ohio near the Mouth of Mohongialo,
are laid down in a Map wch they had presented to the Governor and
now produced to the Council with as much Care and Accuracy as in
their Power, and that they believed them to be as near the Truth
as it could be known without actual Mensuration; and that the two
following Tables taken from the Map contain a just Description of
the Road as well by Computation as by the Compass :

The computed Distance of the Road by the Indian Traders from
Carlisle to Shanofipin's Town.

From Carlisle.
Miles.
From Carlisle to Major Montour's - - - - 10

From Montour's to Jacob Pyatt's - - - -25

From Pyatt's to George Croghan's at Aucquick Old Town 15
From Croghan's to the Three Springs - - - - 10
From the Three Springs to Sideling Hill 7

From Sideling Hill to Contz's Harbour 8

From Contz's Harbour to the top of Ray's Hill 1

From Ray's Hill to the 1 crossing of Juniata » - 10

From the 1 crossing of Juniata to Allaguapy's Gap - 6

From Allaguapy's Gap to Ray's Town - - - -.5
From Ray's Town to the Shawonese Cabbin 8

From Shawonese Cabbins to the Top of Allegheny Mountain 8
From Allegheny Mountain to Edmund's Swamp 8

From Edmund's Swamp to Cowamahony Creek 6

From Cowamahony to Kackanapaulins 5

From Kackanapaulins to Loyal Hannin - - - - 18
From Loyal Hannin to Shanoppin's Town - - - 50

The Courses of the Road from Carlisle to Si'ianoppin' 's Town by

Compass.

8 Miles to Major Montour's.

20 Miles to Jacob Pyatt's.

8 Miles to George Croghan's or Aucquick old Town.

7 Miles to the three Springs.

5 Miles to Aucquick Gap.

5£ Miles to Contz's Harbour.
S. 80, W. 9 Miles to Allaquapy's Gap.
West 3 Miles to Ray's Gap.
N. 45, W. the Course up the Gap.
N. 63, W. 5 Miles to the Shawonese Cabbin's.
N. GO, W. 5 M! to the top of Allegheny Mount"'
N. 75, W. 4£ Miles to Edmund's Swamp.
N. 80, W. 4 Miles to Cowamahony Creek.
N. 10. W. 3 J Miles to Kackanapaulin's House.

N.

20

W.

m

. S.

w.

N.

20,

w.

N.

70,

w.

8.

70,

w.

S.

70,

w.

PROVINCIAL COUNCIL. 751

N. 64, W. 12 Miles to Loyal Haimin Old Town.

N. 20. W. 10 Miles to the Forks of the Road.

West 10 Miles to .

N. 80, W. 15 Miles to Shanoppin's Town.

Mr. West was likewise Examined, and did declare that he verily
believed the Courses and distances as set down by Mr. Patten on the
Map now produced, came as near to the Truth as was possible, with-
out actual Mensuration. He further said that Col. Joshua Fry, one
of the Virginia Commissioners who had the Reputation of an
excellent Mathematician, with a Quadrant of eighteen Inches
Radius, took an Observation of the Sun on the 16th of June, 1752;
at a Place about a Mile North of Shanoppin's Town, and found the
Sun's Meridian Altitude to be 72d- 54°.

Complement Suns Altitude - - - - - 17 6

June 16, Suns Declination 23 1

Latitude - . - - - - 40 29

Mr. Peters in order to give the Council a just Notion of the Dis-
tance of the Ohio, produced a Draught of the Temporarj* Line, and
the Field Rook of the late Surveyor General Mr. Eastburn, by
which it appeared that the End of that Line is distant from New-
castle one hundred and Thirteen Miles, and from the Meridian of
Philadelphia one hundred and forty-four Miles. Mr. Peters and
Mr. West both agree that a Place called the three Spiings is in the
same Meridian with the End of the Temporary Line, which Place
by Patten's Draught is distant from the Ohio eighty-six Miles on
a strait Line by Compass, which added to one hundred and thirteen
Miles make two hundred Miles, wanting one mile distant from the
Circle of Newcastle, and added to one hundred and forty-four Miles,
makes two hundred and thirty Miles distant from the Meridian of
Philadelphia. Mr. Peters further observed that this Situation of
the Ohio was perfectly agreeable to the late History and Maps of
Canada published by Father Charlevoix, which were likewise ex-
amined by the Council and gave them entire Satisfaction. Then
it was desired that the several Matters now set forth might be com-
mitted to writing and comunicated to the Assembly if the Governor
pleased.

And then the following Message was agreed to :
u Gentlemen-—

" In all Transactions with the Assemblies of this Province since
my accession to the Government I have constantly endeavoured to
confine myself within the undoubted and well-known Limits of the
Powers entrusted to me by my Commission, without ever designedly
attempting the least Infraction or Invasion of the Privileges of your
House. That the Right of refusing my assent to any Rill offered
me by the Assembly without assigning Reasons is incident to the

752 MINUTES OF THE

Station I have at present the Honour to fill I am persuaded you
will not deny, inasmuch as the same has not only been frequently
exercised by my Predecessors without any Complaint from the
Assemblies on that account, but has also been expressly acknow-
ledged by them to be so in the fullest and plainest Words.

" I hope never to be justly chargeable with using the Powers I
am invested with in a Wanton or extravagant manner; and there-
fore as I do not conceive myself to be accountable to You for my
Conduct on the present Occasion, I cannot but look on your having
taken Notice of it in the way You have done to be a good deal more
unusual and unprecedented than the Practice complain'd of.

11 If I rightly know myself I may venture to say that no Man in
my Station has ever been more desirous or taken more Pains than
myself to establish and Preserve Peace and Harmony between the
several Branches of the Legislature as well as throughout the
whole Province; and I am still ready to contribute every Thing in
my Power to so good a Purpose, consistent with my Honour and
the Trust reposed in me ; But if in order to restore and preserve
this Harmony it be expected that I should make a Sacrifice of any
of the Rights of Government, or part with my negative Yoice
with Respect to all Bills that may be laid before me, I shall look
upon the Purchase, however desirable in itself, as made at too dear
a Bate, being firmly of Opinion that such a change in the Consti-
tution would be productive of more real Mischiefs and Incon-
veniences to the Province than are to be apprehended from any
Temporary Disagreement between a Governor and Assembly. I
would not here be understood to mention this as a Thing You have
actually and in express Terms demanded of me, yet upon the most
careful Review of all that has passed I am not able to discover any
other Cause for the Interruption of that Harmony which for several
Years subsisted between us, and for the late indecent Treatment I
have received in a Paper published by your House, than my having
refused to pass some favourite Bills upon your own Terms. If this
then should have been the Case, what is it less in Effect than en-
deavouring to intimidate me from exercising my Judgment upon
such Bills as come before me in my Legislative Capacity under Pain
of incurring your sharpest Resentment, and consequently to deprive
me of the Negative invested in me by the Constitution.

"But waving every Thing of an inferior Nature I proceed to that
Part of your Message of the Twenty-Seventh of last iMonth where-
in you are pleased to say You observe some Differences between the
Royal Commands signified in Lord Holdernesse's Letter and the
Light in which I represent them in my Message of the Fourteenth
Instant. If there was any Defect in the Form of my calling upon
You for such Supplies as might enable me to do what his Majesty
has enjoined to be done in case of any hostile attempts upon any
Part of his Majestie's Dominions, namely, to repel Force by Force,

PROVINCIAL COUNCIL. 753

I would willingly have hoped that your Duty to his Majesty would
rather have induced you to supply any Omission of mine in that
respect, especially as every Means of Information I was possessed of
was laid before you, than that you would have attempted to elude
the Force of a Demand made upon You by his Majestie's express
Orders by such an Evasion as that of my not having done it in the
very words of Lord Holdernesse's Letter. The words of my
Message are so full, and tho' not a bare Repetition of his Lordship's,
yet so very agreeable to them in their Sense and Meaning, that it
is impossible You should have understood them in any other Light
than as referring to Lord Holdernesse's Letter, especially as tliat
Letter then lay upon your Table ; However, as I find You have in
some measure made that a pretence for not complying with my De-
mand made upon you by his Majestie's Order, I desire you will
please now to be informed that I have undoubted Assurance that
Part of his Majestie's Dominions within my Government is at this
Time invaded by the Subjects of a Foreign Prince, who have erected
Forts within the same; And further, that You will take Notice that
I do now call upon You, pursuant to his Majestie's Orders, in the
present Emergency to grant such Supplies as may enable me to
draw forth the Armed Force of the Province in order to resist these
hostile attempts, and to repel Force by Force.

" But you are pleased further to say, that You ought not to fix: the
Bounds of this Province, and that if You had been so inclined I
had not furnished you with any Materials for the Enquiry. Pray,
Gentlemen, did You ever ask me to furnish You with Materials for
this particular Enquiry? If you did not, which I aver to be the case,
Whence the Insinuation as if I had omitted to furnish You with all
the Means of Information that were in my power ? Was it possible
for any Body to think You could have been so unconcerned about a
Matter of such vast Consequence as an Invasion of his Majestie's
Dominions (which was so strongly represented to You in my Mess-
age as being very near to Us) without making an Enquiry touch-
ing the Place and Situation where these Hostilities were said to be
committed, or whether the same was or was not within the Limits
of our own Province, especially as You might so easily have satisfied
yourselves in that Point by the Papers laid before You and the Per-
sons You had under Examination ? By these it would have ap-
peared to You that Log's Town, the Place where the French propose
to have their Head Quarters, is not at the Distance of Five Degrees
of Longitude from the River Delaware, and not to the Southward
of Fifteen Statue Miles South of this City, and that the Course of
the Ohio from that Place to Weningo, which the French have taken
Possession of, and from whence they have driven away our Traders,
is to the North-East, and consequently nearer to Us. It is likewise
well known that a Person apprehended for committing a Murder at
Shanoppin, which lies still South of Log's Town, was tried in th®
VOL. v. — 48.

754 MINUTES OF THE

am Court at Philadelphia, and the Evidence of the Place being
within the Limits of this Province was so clear to the Court and
Jury that he was convicted of Manslaughter and suffered his Pun-
ishment accordingly. Upon this Occasion I must needs tell You,
Gentlemen, that if You really did make this Enquiry and received
Satisfaction therein, your Suppression of the Truth is extremely
disingenuous with regard to me, and that if you did not make it I
can impute the Neglect to no other Cause than a Desire to have a
plausible Excuse for not paying a proper Regard to his Majestie's
Commands.

u I did not expect to have had it objected to me as a Failure in
Duty that I did not make the Requisition mentioned in Lord Holder-
nes.se's Letter by Gentlemen of your Persuasion. You must be all
sensible that ] have ever been extremely tender with regard to that
oon all Occasions avoided pressing You impor-
tiraat ars about which I knew You to have any Scruples,

and therefore thought it a very lucky Circumstance that Governor
Dinwiddie undertook the Task of making the Requisition, which
otherwise I should have been obliged to do in Obedience to his
Majestie's Commands, being sensible that the Hostilities complained
of were committed within our own Province. Had I made the Re-
quisition, would it not in Effect have been setting this Province in
the Front of the Opposition ? and had You afterwards refused to
grant Supplies for repelling these Invaders, would it not have ex-
posed Us to the Contc'mpt and Derision as well of the French as our
Indian Allies ? But the Requisition is now made by one of his
Majestie's Governors, and You have seen the Answer of the French
Commander avowing these Hostilities.

(( You have likewise seen in the late Treaty of Carlisle the an-
swers of the French Commanders to the Requisitions made by the
Indians of the Five Nations, whom the King of France in the Treaty
of Utrecht, an Extract whereof was laid before You, acknowledges
to be subject to the Dominion of Great Britain, wherein these French
Officers declare they have the Orders of the King their Master to
oppose them and every one else who should obstruct their making
themselves Masters of that Country. And now these Indians, re-
duced as they are to the last Necessity, most earnestly beseech Us
in Consequence of the Treaties made by them with this and others
of his Majestie's Colonies to build Places of Refuge to which their
Wives and Families may repair for Safety and Protection, and to
send them our Warriors to assist them against these their Enemies,
alledging they are too weak to make any considerable Resistance of
themselves, and must submit to their superior Force and lose their
Lands and Commerce with Us if We do not send them an armed
Force.

" What then remains but that You immediately proceed to grant
the necessary Supplies for resisting these hostile Attempts and

PROVINCIAL COUNCIL. 755

thereby set a good Example to the neighbouring Colonies, whose
Conduct upon this Occasion ought not to be a Rule for Us who are
the Province invaded and consequently in the most immediate
Danger, which if You refuse to do how can You be said to fulfil
our Treaties and ' give the Indians the ready Assistance they depend
on under their Wants and Necessities ? ' • Or how do You ' demon-
strate your Duty and Loyalty to his Majesty by giving such Sums
of Money for the King's Use upon all suitable Occasions as can be
reasonably expected ? ;

"I for my Part have done my Duty, and any ill Consequences
that may happen will not lie at my Door, and therefore, Gentlemen,
I earnestly exhort You to do your's, and in every Respect to act up
to the high Trust reposed in You as the Representatives of the Peo-
ple, that when an Account of your Transactions in Consequence of
his Majestie's Orders shall be laid before our Soveraigc, which must
necessarily be done, both Parts of the Legislature may receive Ms
Royal Approbation.

" That Part of your Message I cannot suffer to pass unobserved,
wherein You are pleased to say that the Proprietaries refuse to
contribute any Part of your Indian Expenses, which have encreased
upon You exceedingly within a few Years. It is true they have
refused to do so in the Manner You expected, and have given You
their Reasons for the Refusal. But you cannot have forgot the
Proposal I made to You in 1750 and 1751 by. their Order, with re-
spect to the building a strong Trading House near the Place now
invaded and possessed by the French, which generous Offer had You
then fit to have closed with all the Mischiefs We now apprehend
might have been prevented at a small Expence to the Province, and
that Country secured to the English, which hereafter to recover
will probably be attended with the Loss of Many Lives as well as
a heavy Charge to the Country.

" I join with You in Opinion that it is for the Interest and Ad-
vantage of the Province, and our indispensible Duty to send
Commissioners to Albany in Concert with those of the other
Governments on this Occasion ; and I will take care to appoint
suitable Persons for this purpose, and cheerfully concur with You
in any proper Bill for the Regulation of the Indian Trade.

" I will enquire into the Conduct of the Magistrates of Cum-
berland County, which if found to be as You have set it forth, ren-
ders them highly unworthy of the Commission they bear.

"JAMES HAMILTON.
" 2d March, 1754."

Then the following Letter which the Governor had sent to the
Governor of Virginia was read and ordered to be entered :.
« Sir :

" The Assembly of this Province was sitting when your Messen-

756 MINUTES OF THE

ger arrived with your Favour of the twenty-ninth of January,
informing me of Major Washington's Return and of the Answer
of the Commander of the French Fort, tho' I had not then laid
any thing before them owing to a tedious Indisposition, which fall-
ing upon my Nerves and Spirits had rendered me extreamely
weak and incapable of Business ; yet finding myself then a little
better, I communicated to them the Earl of Holdernesse's Letter,
with One from the Lords of Trade recommending a general Meet-
ing at Albany this Summer, and likewise your several Favours,
that by the Express in pacticular, and urged them in the strongest
manner I could conceive to grant the necessary Supplies and to
lose no time in doing it that I might be enabled to raise a Body of
Men to join those of your Government at the Place and Time fixed
upon in your Letter.

(i Whilst the Assembly had these Matters under Deliberation,
Mr. Montour and Mr. Patten arrived from Ohio with a Message
from the Allegheny Indians, informing Us that they expected the
French Army early in the Spring, and earnestly pressed the Two
Governments of Virginia and Pennsylvania to assist them with their
Warriors, and that some strong Houses might be forthwith erected,
to which they might repair for Safety and Protection. And tho'
Mr. Croghan in his Letter to me, and Mr. Montour and Mr. Pat-
ten, who were examined by the Assembly, expressly declare that the
Indians are too weak to make any considerable Resistance, and if
not assisted by their Brethren agreable to their solemn Engage-
ments by Treaties, they must surrender to the French without
striking a Stroke, especially as the Twightwees have taken up the
Hatchet against Us ; and alarming as all these Matters are, and
fully and incon test-ably proved, yet the Assembly are not at all moved
by them, but as I have good reason to believe will decline granting
any Supplies.

u What Reasons they will give I know not, for I have not yet
received their Answer to my Message ; but as I am informed that
nothing to Purpose is to be expected from them I do not think it
proper to detain your Messenger any longer, uncertain as I am
when they will give their Answer.

u It was unfortunate that at the Time the Assembly were in their
Consultations your' Speech to the Assembly of the nineteenth of
December came to their Knowledge and was published in one of
our News Papers, and seeing from thence their unfavourable Dispo-
sition, I am told the unwilling Members here laid hold of this as a
handle for their doing nothing.

u For my part, under such a general Disinclination as appears in
the several Assemblies I can see no other Method than for the
Governors to assemble together in a general Meeting and draw up
a clear and full Representation of the Situation of Indian Affairs
and lay it before his Majesty and wait his Majestie's further Orders
thereupon.

PROVINCIAL COUNCIL. 757

"If, nevertheless, contrary to my Expectations, the Assembly
should do any thing to Purposo I will inform You of it immediately
by Express.

"I refer you to Mr. Montour for further particulars, who sends
you Mr. Croghan's Account of his Proceedings at Ohio, and a Let-
ter on the Subject. I am, Sir,

"Your Honour's most obedient humble Servant,

"JAMES HAMILTON.
" Philadelphia, 26th February, 1754.

" The Honourable Robert Dxnwiddie, Esquire/'

The Secretary, by Order of the Governor, communicated the fol-
lowing Letter to the Council, received by Express from Mr. Broad-
head, one of the Justices of Northampton County, which was read
in these Words :

" May it please your Honour :

" Whereas t There has been and is great Disquietude amongst the
People of these Parts, occasioned by some New England Gentle-
men, to such a Degree that they are all or the Majority of them
going to quit and sell their Lands for TrrHes; and to my certain
Knowledge many of them have advanced Money on said Occasion,
in order that they might secure Rights from the New England Pro-
prietaries, which Right I suppose is intended to be on Sasquehannah
at a Place called Wyomink.

" At the Time those Gentlemen were here, I was at a Loss how
to act least I should do the thing not just, therefore desire your
Honour will be pleased to favour me with your Advice, and de-
pend I shall justly obey your Orders in case they come again.

" As I am conscious of acting with the utmost Honesty, both to
the Honourable the Proprietaries in every respect and to every one
in general, I am resolved so to continue.
" I am, with very great Respect,

"Your Honour's most obedient humble Servant,

"DANLBRODHEAD.
" Bansbury, 21st February, 1754.

""The Honourable James Hamilton, Esquire."

The Matter appeared to the Council to be of the utmost Import-
mice, they thought every Step should be taken that could possibly
prevent such a Scene of Confusion as would certainly arise if the
People of Connecticut should put their Design in Execution, and
therefore recommended it to the Governor to write to the Governor
and Deputy Governor of Connecticut, informing them of these Pro-
ceedings., setting forth the Mischiefs likely to accrue from them.

758 MINUTES OF THE

and praying the Interposition of that Government to stop the De-
parture of their People on such a Dangerous Enterprize as this,
least together with the Concern raised in every Breast by the Un-
happiness of a foreign Invasion, the Colonies should have the
additional Affliction of seeing a Civil War commence in the Bowels
of Two of their most Populous* Provinces; and further, thought it
would be proper to send Conrad Weiser to the Six Nations and
those of Wyomink to put them upon their Guard against those Pro-
ceedings.

At a Council held at Philadelphia, Tuesday the 12th of March,
1754.

The Governor still indisposed.

PRESENT :

John Penn, Benjamin Shoemaker, ") ™

Robert Strettell, Richard Peters, j ^

The Minutes of the preceding Council were read and approved.
MEMORANDUM.

On the Fourth Instant a Message was brought by two Members
to the Governor, desiring to know if he had any thing further to
to lay before them in relation to the Western Bounds of this Pro-
vince, and also if he had received any late Advices from the Gov-
ernor of Virginia. And the Governor made Answer that he would
send down to the House the several Evidences relating to the
Western Bounds of Pennsylvania, which convinced him that the
Hostilities mentioned in hiss Message were committed within this
Province, and he made no doubt but they would be as convincing
to the House, and further, that he had not received any Advices
from Virginia since those he communicated to the House; and ac-
cordingly the Governor having received from Mr. Peters, Mr.
West, Mr. Montour, and Mr. Patten, their several Informations in
Writing, he laid them before the House, together with Mr. Pat-
ten's Map, the French Map of Monsieur Bellin bound in Charle-
voix's History of Canada, a Certificate of Mr. Scull the Sur-
veyor General, and Mr. Grew the Mathematical Professor in the
Academy, of the Extent of Five Degrees of Longitude in Latitude
Forty, amounting to two hundred and sixty-five Miles, and like-
wise a calculation founded upon and drawn up by those several
Informations, whence it appeared that from Philadelphia to the
River Ohio on a due West Course the Distance did not exceed.

His Honour further orcler'd the Secretary and the other Gentle-
men to attend the House in order to explain to them the Draughts
and Calculations, and to give them all the Light possible into this
Affair, that they might obtain all manner of Satisfaction as to the

PROVINCIAL COUNCIL. 759

Truth of the French Forts and the River Ohio being within the
Limits of this Province.

The Secretary was likewise order'd to deliver this Verbal Message
along with the Papers, vizf- :

"Sir:

" The Governor now sends down to the House the Grounds on
which he founded the Assertion in his Message, that Hostilities are
committed by the French within the Limits of his Government, and
he has directed me to attend with the Vouchers, Draughts, and
some Evidences to the same, in case the House should encline to
examine them.

" The Calculation of the Distance of the Ohio from Philadelphia
according to the several Informations now given to the Governor is
as follows :

" In Latitude Forty a Degree of Longitude is Fifty-Three Statute
Mills, so that Five Degrees make two hundred and sixty-five miles
(265).

Miles.

" The Length of the Temporary Line from Philadelphia
measured is - - - - - - 144

" A Meridian Line drawn from the End of the Temporary
Line cuts Allegheny Path.

" At the three Springs, from which Place by Mr. West,
Mr. Montour, and Mr. Patten's Account, on a streight Line
to Laurel Hill is - - - 52

[" On a Meridian from Laurel Hill is Weningo Town at
about 34 Miles Distance according to Mr. Montour ; an(d
this is agreable to Mr. Patten, Mr. Montour, and Mr. West,
Who all agree that it is 34 Miles from Laurel Hill to Sha-
noppin, and from Shanoppin to Weningo 34 Miles by what
Mr. Patten & Mr. West have heard, and by the Estimate of
Mr. Montour's Travelling.] From Laurel Hill to Shanoppin
on the River Ohio is - - - - - 34

" From the River Ohio to the Western Boundary of the
Province is - - . - - - 35

265

a From which Account our Province extends thirty-five Miles to
the Westward of Log's Town \ And when the Difference between
Superficial Measure and Horizontal is computed, as the Course West
runs over such vast Mountains and many deep Valleys, it is certain
our Bounds must extend much farther.

" By a careful Observation Log's Town lies in 40d 27° North.

"N. B. — The French Fort on Riviere aux Boeufslies North from
Weningo about thirty Miles."

760 MINUTES OF THE

Information of Mr. Richard Peters to the Governor.
u May it please the Governor : .

"Richard Peters informs the Governor that in May, 1739, the
Temporary Line was run by Benjamin Eastburn and other Surveyors,,
who as well as the Chain Carries were upon their Oaths or Affirma-
tions, and that the Line was run to the Kittochtinny Hills, in Cum-
berland County, about three miles West from Philip David's Plan-
tation.

" That from the Tangent Line of the Circle of Newcastle to Sas-
quehannah River is twenty-five Miles, and from the Eastern Bank
of that River to the Termination of the Line eighty-eight Miles —
in all one hundred and thirteen Miles.

11 That he the said Richard Peters has been at Aucquick and went
from thence to Philip David's, and by the best Observation he could
make, and he was very curious in enquiring, he verily believes that
a Place called Aucquick Gap is in the Meridian of the End of the
Temporary Line, but * * * * * * * * * * * * may be certain
that the Place called the three Springs is to the Eastward of the
Meridian * * * * * * * * * *"I;* *a* * * * * * * * * * * *
and consequently no more than one hundred and thirteen Statute
Miles Superficial Measure West from the Tangent of the Circle of
Newcastle, the South Boundary of the Province.

" Richard Peters further informs the Governor that by the Ac-
counts of Mr. Weiser, Mr. West, Mr. John Harris, Mr. Hugh
Crawford, Mr. Andrew Montour, and Mr. John Patten, which he
has to produce, the Distance by Computation from the three Springs
to Ohio is * * * * * * *. * * * ;# * the Ray's Town Road and
* * * * * * * * * * * * tlie Frank's Town Road, tho' the Road
in Twenty Miles at some Places does not make above Ten Westing,
and that it is very crooked, sometimes going to the Southward and
sometimes to the Northward of a strait Line, and he verily believes
from the Draughts he has seen and from the Information of the
above Persons it is not more than eighty-six Miles Statue from the
Three Springs to Shanoppin.

" He further says that he verily believes the Temporary Line if
extended will strike the River Patowmack near the Northern Bend
where Charles Poke did live, and if extended to the River Ohio he
verily believes it will pass that River thirty-five Miles to the South
of Log's Town, and his Reason for saying so is because Shanoppin,
by an Observation taken the sixteenth of June, 1752, is forty De-
grees twenty-seven Minutes North Latitude, according to Mr. West's
Account, who was present when the Virginia Commissioners made
the Observation by a Quadrant of eighteen Inches Radius.

"Note — Philadelphia is thirty-one Miles to the East of the
Tangent.

PROVINCIAL COUNCIL. 761

" Note that the Temporary Line is superficial not horizontal Mea-
sure, and that by a Certificate of Mr. Grew and Mr. Scull, a Degree
of Longitude in Latitude Forty is fifty-three Statute Miles.

" Upon the whole it is very clear that the Western Bounds of
the Province extend thirty-five Miles West beyond Log's Town, and
that Weningo and the Riviere aux Boeufs, where the Forts are
built, being to the East of Log's Town, are consequently so much
more within the Province.

"I am Your Honour's most obedient humble Servant,

"RICHARD PETERS."

Information of Mr. William West to the Governor.
"Sir:

" Agreeable to your Request I herewith send You the Latitude
of Shanoppin's Town as taken by Col. Fry the sixteenth of June,
1752. I likewise send You the computed Miles from the three
Springs to Shanoppin's Town. 1 begin there as I take it to be
near the same Meridian with the Big Cove, or rather a little to the
Eastward of it. You will please to observe that the Road is very
crooked, for there being many Hills. We were obliged to make
many Windings to come at proper Places to cross them.

"About a Mile from Shanoppin's Town Sun's Meridian

altitude 16th June, 1752 ----- 72' 54°

90

" Zenith Distance 17 6

"Sun's Declination ------ 23 21

" Latitude of Shanoppin's Town - - - - 40 27

" From the three Springs to Sideling Hill - - 7 Miles.

« " to Juniata - - - 19 "

It

a

to G-arret Pendergrass' or
Rays Town -

u

a

to the Foot of Allegheny Hill

u

u

to Edmund's Swamp the "\
other side of Allegheny >

a

it

to Kekinny Paulins -

ti

a

to Loyalhannin -

a

a

to Shanoppin's Town

12
15

u

12

a

10
20
50

a
a
a

145 Miles

" I went to the Log's Town in Company with Capt. Thomas Mc-

762 MINUTES OF THE

Kee, Mr. John Carson, and other Indian Traders, from whom I had
the within computed distances, which in many Places I think are
estimated more Miles than they would measure, and in some Places
We travelled many Miles to make a few Westing, particularly from
the Shawonese Cabbins to Kekinny Paulins, which altho' it is com-
puted near thirty Miles I do not think would make Ten Miles
Westing.

" I am Your Honour's most humble Servant,

"WE WEST."

The Examination of Andrew Montour and John Patten, taken
before the Governor.

11 Andrew Montour on his Examination says that he has been
three times from Log's Town to Weningo on Foot, and came there
the Second night every time with Ease ; that one time was in the
Month of March, when his Mother who was blind rode on Horse-
back and he led the Horse on Foot all the way, and yet was at
Weningo the Second Day before night ; That he believes it to be
sixty miles by the Road which lyes Near North-East from Log's
Town; That a River called by the French Riviere aux Bceufs,
whose Course is South from its head, which is near Lake Erie, runs
into the Ohio at Weningo ; That the French have lately built Two
Forts, One on that River thirty-five Miles higher up than Weningo,
and the other on a Branch of it at Ten miles distance from the
other Fort. And the Reason of his Belief is, that his Cousin
Nicholas, who lives at Weningo, told him and Mr. Patten that he
has frequently gone from Weningo in one Day to both the French
Forts.

(c Mr. Montour says further, that Weningo is due' North from
Laurel Hill, and about the same Distance as Shanoppin is from
Laurel Hill, viz'-' Fifty Miles by the Road.

" Mr. Patten says he rode in four Days from Ohio the Frank's
Town Road to Peter Sheaver's, about four miles from Sasquehannah
River, in June, 1750, which by the Traders Computation is two
hundred and twenty miles.

"IMr. Patten says that John Harris affirmed to him that he rode
from Ray's Town to his own House in two Days, which by the
Traders Computation is one hundred and twenty-six miles.

" Both Mr. Montour and Mr. Patten say that the Road from the
three Springs to Ohio is very crooked, going in many Places to the
North, and in many to the South of a Strait Line, and that Mr.
Patten having the Governor's Instructions to observe the Courses
and Distances of the Roads, they used the greatest Exactness in
their Power, and do verily believe that the Distance from the three
Springs to the River Ohio is not, upon a Strait Line, more than

PROVINCIAL COUNCIL. 763

eighty-six miles, whatever it is less. All which is submitted to your
Honour by

" Your Honour's most obedient Servants,

his
" ANDREW X! MONTOUR.

mark
" JOHN PATTEN."

On the ninth Instant the Governor received the following Mess-
age by Two Members, who acquainted him " that the House pro-
posed to adjourn to the sixth Day of May next if he had no
objection thereto ; and that they would at that Time provide for the
Expence of Commissioners to be sent to Albany, and make a small
Present to be delivered by them to the Indians of the Six Nations
in Behalf of this Province." To which the Governor was pleased
to say, u that he desired they would continue sitting, and that he
would send down an Answer to their Message early in the After-
noon :"

A Message to the Governor from the Assembly.

tl May it please the Governor :

"We are willing, to hope the several Parts of the Governor's
Message of the second Instant which neither relate to the Royal
Orders under our immediate Consideration nor to this House, are
such as on Reflection he will think not altogether suited to preserve
that Harmony between the several Branches of the Legislature so
necessary at all times and especially on this important Occasion;
but as the Governor in order to obtain this good End professes
himself ready to contribute every Thing in his Power consistent
with his Honour and the Trust reposed in him, we shall most
chearfully join with him in this desireable Purpose, so far as
the Preservation of our Rights and the Duty We owe our Constitu-
ents can vindicate our Conduct. Nevertheless, as the affairs of our
Indian Allies and our Neighbouring Colonies continue in the same
Situation with Regard to Us as when We sent our Message of the
Twenty-Seventh of February last, we must in a great Measure re-
fer to our Sentiments at that time. We then were of Opinion and
still think the safest Method for Us to conduct ourselves in Obedi-
ence to the Royal Commands (equally binding on the Governor
and Us) would be to recur to Lord Holdernesse's Letter, in which
only those Orders were precisely set forth, wherever we judged
they differed from the Governor's Sentiments or the Words of his
Message to the House on that Occasion ; yet this is unhappily im-
puted to Us as an Endeavour to elude their Force, and a pretence
in some Measure for not complying with them, altho' as the Gov-
ernor is pleased to say it was impossible we could have under-
stood that Message in any other Light than as referring to Lord

764 MINUTES OF THE

Holdernesse's Letter then lying on our Table ; and from this sup-
posed Misconduct of ours, the Governor, as we presume, has sud-
denly altered the whole Connection between Us and his Majestie's
Colony of Virginia.

" As Governor Dinwiddie had laid before his Assembly the Earl
of Holdernesse's Letter, sent, as we presume, in the same Terms to
all the Colonies on the Continent, we judged it most prudent to
wait till the Assembly of that Government had enabled him to act
in Obedience to the Royal Commands, especially as they had that
Letter under their Consideration from the first of November last,
as appears by the Journal of their House of Burgesses now before
Us; but we are now called upon as Principals, and the Governor is
pleased to inform Us that he has undoubted Assurance that Part
of his Majestie's Dominions within this Government is at this
Time invaded by the Subjects of a Foreign Prince, who have
erected Forts within the same, and calls upon Us pursuant to his
Majestie's Orders in the present Emergency to grant such Supplies
as may enable him to resist those hostile Attempts, and repel Force
by Force; but as it appears to Us the Governor is enjoined by the
Royal Orders not to act as a Principal beyond the undoubted
Limits of his Government, and as by the Papers and Evidences
sent down and referred to by the Governor, those Limits have not
been clearly ascertained to our Satisfaction, we fear the altering
our Connections with his Majestie's Colony of Virginia, and the pre-
cipitate Call upon Us as the Province invaded, cannot answer any
good Purpose at this Time, and therefore we are now enclined to
make a short Adjournment.

" Signed by Order of the House.

" ISAAC NORRIS, Speaker.

"In Assembly, 9th March, 1754."

On the same Day the Governor sent the following Message by
the Secretary to the House :
" Gentlemen :

" My Desire of establishing Harmony between the Branches of
the Legislature is such that on the present Occasion I shall wave
several Things personal to myself, which another Time I might
think it incumbent on me to take Notice of, and proceed to tell
You,—

" That had You examined with your usual Accuracy the Gentle-
men who by my Appointment attended your House for that Purpose
on the sixth Instant and compared their Testimony with the written
Papers at several Times communicated to You, it would I think
have appeared so clear to You that the French have lately erected
one or more Forts far within the Limits of this Province, that
nothing less than an actual Mensuration of the Distance could have
made it more evident.

PROVINCIAL COUNCIL. 765

" But even taking it for granted that the forementioned Encroach-
ments are not within the Bounds of this Province, yet as I have
been informed by the Governor of Virginia that hostile Attempts
have been made on Part of his Majestie's Dominions, and have been
called upon by him for the Assistance of this Province to repel the
Invaders, You must be sensible it is equally your Duty in either of
these Cases to grant such Supplies as the present Exigency of Af-
fairs requires, and which by his Majestie's Orders contained in Lord
Holdernesse's Letter (and by you acknowledged to be equally bind-
ing on both of Us), I do now repeat to you the Necessity of.

"I cannot, therefore, but be apprehensive that your Adjournment
for so long a Time as to the Sixth of May will defeat any Measures
that might have been taken for that Purpose for this Year, and con-
sequently that his Majestie's just Expectations from us may be alto-
gether frustrated.

" However (if you persist in it), as the Right of Adjournment is
a Privilege of your House, I must acquiesce therewith and content
myself with the Consciousness of having executed his Majestie's
Commands in the best Manner I have been able.

"JAMES HAMILTON.

"9th March, 1754."

And then the House adjourned to the Sixth of May next.

The Governor laid before the Board Two Letters received by Ex-
press from Governor Dinwiddie, whereby it appears that the Legis-
lature of Virginia had given Ten Thousand Pounds, that Proclama-
tions are issued for the Encouragement of all Persons who are dis-
posed to enter into his Majestie's Service on this Occasion, and that
he hopes their small Regiment will be at Alexandria, the Head of
Patowmack River, by the Twentieth of this Month, and informed
the Council that since the Assembly declined doing any Thing till
they should know the Result of the Government of Virginia, He
thought it absolutely necessary to convene them by Writ, and the
Council concurring with his Honour in this Opinion, Writts issued
for their Meeting on the Second of April next.

A Letter from the Governor of Virginia to Governor Hamilton.

"Williamsburg, Feb* 23d, 1754.
i1 Sir :

"As I wrote You lately by an Express, I desire to be referred
thereto.

"I Prorogued our Assembly this Day, they have voted £10,000
for supporting the British Interest against the Invasions of the
French, &°*' In consequence thereof I shall immediately endeavour

766 MINUTES OF THE

to raise six Companies of Men to march directly to Wills' Creek,
the head of Patowmack river, where I hope You will be made able
by Your House of Burgesses to give us a handsome Aid and Assist-
ance.

"I wrote to the Cherokees & Catawbas to send some of their
Warriors to defend their hunting Grounds on the river Ohio, as
they have formerly prornis'd their assistance. I am in Hopes they
will now comply, that we may be able to make a Defence against
the French & their Indians.

" Next May I propose meeting some Chiefs of the different Na-
tions of Indians at Winchester; where if I can be of any Service
to You or Your Colony, freely command,

" Sir, Your most humble Servant,

«ROBT- DINWIDDIE.
'■^ho inclos'd Proclamation will be general to. all the Forces.
"G-ov. Pennsylvania/7

"Virginia, ss :
uBy the Hononiable ROBERT DINWIDDIE, Esquire, His Ma-
jesties Lieutenant Governor and Commander-in-Chief of this
Dominion :

"A PROCLAMATION,
"For Encouraging Men to enlist in his Majestie's Service for the
Defence and Security of this Colony :

" Whereas, it is determined that a Fort be immediately built on
the River Ohio, at the Fork of Mohongialo, to oppose any further
Encroachments or hostile Attempts of the French and the Indians
in their Interest, and for the Security and Protection of his Majes-
tie's Subjects in this Colony, and as it is absolutely necessary that
a sufficient Force should be raised to erect and support the same,
For an Encouragement to all who shall voluntarily enter into the
said Service, I do hereby notify and promise by and with the Advice
and Consent of his Majestie's Council of this Colony, that over and
above their Pay, Two Hundred Thousand Acres of his Majesty the
King of Great Britain's Lands on the East side of the River Ohio,
within this Dominion (One Hundred Thousand Acres whereof to be
contiguous to the said Fort, and the other Hundred Thousand Acres
to be on or near the River Ohio), shall be laid off and granted to
such Persons who by t'heir voluntary Engagement and good Be-
haviour in said Service shall deserve the same. And I further pro-
mise that the said Lands shall fee divided amongst them immediately
after the Performance of the said Service, in a Proportion due to
their respective Merit, as shall be represented to me by their Officers,
and held and enjoyed by them without paying any Rights, and also
free from the Payment of Quit Rents for the Term of Fifteen Years.
And I do appoint this Proclamation to be read and published at the

PROVINCIAL COUNCIL. 767

Court Houses. Churches, and Chapels in each County within this
Colony, and that the Sheriffs take Care the same be done accord-
ingly.

" Given at the Council Chamber in Williamsburg, on the Nineteenth
Day of February, in the Twenty-Seventh Year of his Majestie's
Reign, Annoque Domini, One Thousand Seven Hundred and Fifty-
Four.

"ROBERT DINWIDDIE.
"GOD SAVE THE KING/'

A Letter from Governor of Virginia to Governer Hamilton,
" Williamsburg, Virginia, March 1st, 1754.
" Sir :

" Having an Occasion of sending an Express to New York, \
trouble You with this to acquaint You we are raising Forces to pro-
ceed to the Ohio to prevent the Intentions of the French in
settling those Lands.

"I am in Hopes our small Regiment will be at Alexandria, the
Head of Patowmack River, by the twentieth of this Month, from
thence they march to Wills' Creek, & so to the Ohio. But without the
aid of our neighbouring Colonies we shall make but a small Figure,
I have great Dependance on a considerable number of Your Palatines
& Germans. I shall be glad to know the supply- granted by Your
Assembly, the number of Forces, & when You think they will be

at Wills' Creek.

»

" I have ordered six Months7 Provisions for those raised in this
Colony, with Waggons to attend them on their March. I send You
enclosed Major Washington's Journal to the Comandant of the
French Forces on the Ohio.

" Your Answer on return of this Express will oblige,

" Sir, Your most Obedient humble Servant,

"ROBT. DINWIDDIE.
" Govr" of Pennsylvania."

The Governor, agreeable to the Council's Opinion at their last
Meeting, wrote the following Letters to the Governor and Deputy
Governor of Connecticut ; and that the fullest Information might
be obtained of the Disposition and real Designs of the People of
that Province He prevailed, on Mr. Armstrong, a Member of As-
sembly for Cumberland County and one of the Proprietary Surveyors,
to go Express with them, instructing him to make all the Enquiry
possible of the Number and Rank of the Persons engaged in this
Scheme, and whether it be countenanced by the Government — to

768 MINUTES OF THE

satisfy all sorts of Persons of the true situation of Wyomink, and
of the several Prohibitions that have been by the Province published
against settling it at the Instance of the Indians, who have a par-
ticular Attachment to that Place — to lay before them the certain
Opposition they would meet with both from the Indians and this
Government — and if they were too thick settled to assure them
if they would come in a peaceable manner of all due Encourage-
ment from the Proprietaries.

Governor Hamilton's Letter to the Governor of Connecticut.
"Sir,:

"I have received Information that a Party of your Inhabitants
did some time ago pass thro' the remote Parts of this Province in
their Way to Wyomink upon Sasquehanna River, and gave out that
they had made a Purchase of those Lands from the Mohock In-
dians, and they had your authority to come and settle them, being
included within the Boundaries of the Connecticut Charter, and of-
fered their Titles to any who were disposed to purchase ; and this,
tho' I have disregarded it as an idle Story, is now confirmed by Per-
sons of Character who have been in Connecticut and assure me
that a large Number of your Inhabitants, tho' without the Counte-
nance or knowledge of the Government, were actually preparing to
remove in the Spring and settle some of the Pennsylvania Lands
on Sasquehanna, depending on their Indian Title and not designing
to pay any Regard to the Rights of our Proprietaries or apply to
this Government for their Leave and Authority.

M Tho' I can scarce persuade myself that any considerable Num-
ber would engage in so rash and unjust a Proceeding, yet as it may
be true, tho' highly improbable, I find myself obliged to communi-
cate to Your Honour these Informations, and entreat You would be
pleased to do all in your Power to prevent these People from put-
ting their Design into execution, assured as I am that if they make
the Attempt they will involve this Province in an endless Scene of
Trouble and Confusion, and as they must expect Opposition it may
prove prejudicial to the Cause of the Colonies; if as it is very pro-
bable We shall be engaged in a War to repel the French, who have
actually invaded this Province and are now erecting Forts and
driving away our Traders within its Limits, a Number of Strangers
should come amongst Us and forcibly take Possession of our Lands,
what can his Majesty or the other Colonies think but that they are
Enemies to their Country, and design to hinder this Government
from exerting its Force against the common Enemy by raising a
Civil War within its Bowels.

" I beseech your Honour further to consider that the Six Nations
will be highly offended if these Lands on Sasquehannah be overun

PROVINCIAL COUNCIL. 769

with White People, for they are their favourite Lands and reserved
for their Hunting, and many of them live there, and they have the
Faith of this Government solemnly and repeatedly plighted that no
White People shall settle there ; and if, notwithstanding these
publick Engagements, they should now be setled, I will not answer
for the Consequences; they may not only turn their Arms against
the Setlers but withdraw themselves from our Alliance, which
might at this Time prove the Ruin of our Affairs and involve the
Colonies in endless Bloodshed and Expence.

" I cannot conceive how the Inhabitants of Connecticut, whose
Laws as well as Ours prohibit and render invalid all private Con-
tracts with the Natives, could go in so clandestine a manner to treat
with the Mohocks about these Lands; surely they are worthy of
much Censure on many Accounts, but at this time it is peculiarly
unfortunate as it may create a Difference between the Mohocks and
the rest of the Six Nations, between whom there is an Agreement
that the Mohocks shall have nothing to do with the Lands in Penn-
sylvania, nor take any Part of the Presents received for them, be-
cause they have already had more than their Share for other Lands,
and therefore the Mohocks never come here on Treaties for Land.

M But why will your Inhabitants chuse such a disorderly and
dangerous Way of obtaining the Possession of Lands when they
may have a legal Settlement ? ' There is a large Extent of Country
in the Western Parts of this Province and That of Virginia vacant,
and some of the best Lands in North America. If, therefore, any
considerable Number of Families want to remove and are minded
to settle these Lands, I make no doubt but our Proprietaries will
be glad to give them good Encouragement, and if they encline that
I shall write in their Favour I will cheerfully do it at your Instance,
and press them to return a speedy Answer, which may arrive here
time enough for the Planters to go and view these Western Parts
in the Winter, and prepare, if they find them agreable, for their
Removal as early as the Season in the Spring will permit.

" Or if the Lands of Virginia shall be found more agreeable, I
will recommend them to that Government, who have lately made a
Law for the Encouragement of New Setlers, and Both Governments
will not fail to obtain for them the Friendship and kind Assistances
of the Indians in those Parts, in whichsoever of the Two they shall
chuse to settle.

" Should any of your Inhabitants be desirous to enquire of our
Constitution and the Quality of the Lands in the uncultivated Parts
of the Province, they will receive an impartial Account of them
from the Gentleman who is charged with this Letter, who is a
Member of Assembly, any ye Proprietary Surveyor over Sasque-
hannah, and well acquainted with the Lands not yet appropriated ;
for these Reasons I have prevailed upon him to take this Journey,
that he might answer any Questions and give Satisfaction in all
vol. v. — 49.

770 MINUTES OF THE

Points necessary to be known in this Matter, and I crave Leave to
recommend him to your Honour as a Gentleman whose Relations
may he received with the utmost Confidence in whatever he be
desired to give an Account of.

" I am persuaded your Honour will perceive the dangerous Con-
sequences that must needs attend the Settlement of the Sasque-
hannah Lands by your People in the manner they propose, under
the present Circumstances of Affairs, that it cannot fail to exasperate
the Indians, raise a Civil War in the Province, and distract the
Government at a Time when all the Attention I am Master of may
be wanted to conduct the momentous Concerns of the Publick,
execute his Majestie's Commands, and preserve the Colonies from
falling a Prey to our Enemies. Suffer me, then, to repeat my
Request that you would please to detain your People at home, and
prevail with them to hearken to sober and moderate Counsels,
which in the End will prove more to their advantage.
"I am, with sincere Esteem,

" Your Honour's most obedient humble Servant,

"JAMES HAMILTON.
"Philadelphia, 4th March, 1754.

" The Honourable Roger Wolcott, Esquire."

Governor Hamilton's Letter to the Deputy Governor of Connecticut*
" Sir :

"Hearing that a Number of the Inhabitants of Connecticut are
preparing to come and settle some Lands in this Province in a
forcible manner, and being apprehensive that it may be of bad Con-
sequence at a Time when we may probably be engaged in a War to
repel the hostile Attempts of the French, I have wrote a Letter to
Governor Wolcott on this Subject, and take the Freedom to enclose
You a Copy of it, and request you will be pleased to give your
Assistance in this Affair.

" I have not the Honour of a personal Acquaintance with You?
yet I am told that the People have a great Esteem for You and
Dependence on your Judgment, which I flatter myself will be
favourable to this Application.

"I should not doubt of Success if You would be pleased to join
your Influence with his Honour's in setting this matter in its true
Light.

" I beg Leave to recommend the Gentleman who delivers this
Letter to your Notice and Civilities, who is well acquainted with
our Constitution and the Quality of the vacant Lands within this
Province, and well qualified to give your People Satisfaction in any

PROVINCIAL COUNCIL. 771

Points they may want to know. I am with perfect Esteem and
Regard,

" Your Honour's most obedient humble Servant,

"JAMES HAMILTON.
"Philadelphia, 4th March, 1754.
" The Honourable Thomas Fitche, Esquire."

At a Council held at Philadelphia, Wednesday the 20tk March,
1754.

The Governor still indisposed.

PRESENT :

John Penn, Robert Strettell, ~)

Benjamin Shoemaker, Joseph Turner, > Esquires.

Richard Peters, J

The Minutes of the preceding Council were read and approved.

A Letter from the Governor and Deputy Governor of Connecticut
by Mr. Armstrong, who returned last night, were read as follows :

A Letter from Governor Wblcott to Governor Hamilton.

« Windsor, March 13th, 1754.
"Sir:

"Yours of the fourth Instant is read, and I hope that by your
Letter and my Discourse with Mr. Armstrong I am now better in-
formed than before of the State of the Sasquehanah Lands.

"It is with Concern that We in these Parts of the Country hear
continually News that the French are blocking up the Avenues of
the Country North and West, and encroaching upon the Lands be-
longing to the Crown of Great Britain. We fear that this is very
much from a backwardness in the Western Governments in pro-
moting New Settlements; and there being bow no unapropriated
Lands with us, some of our Inhabitants hearing of this Land at
Sasquehanah and that it was North of the Grant made to Mr. Penn,
and That Virginia are upon a Design of making a Purchase of the
Indians and hope to obtain a Grant of it from the Crown. This
appearing to be a Design to promote his Majestie's Interest and
render the Country more defencible, we were all well Wishers
to it.

" But Mr. Armstrong informs me that this Land is certainly
within Mr. Penn's Grant; if so I dont suppose our People had
any Purpose to quarrel with Pennsylvania; indeed I dont know tho
Mind of every private Man, but I never heard our leading Men
express themselves so inclined,

772 MINUTES OF THE

" Your Proposal to move Mr. Penn and the Government of Vir-
ginia to promote New Settlements in the easiest manner, if effected
may turn the Eyes of our People that Way ; and it is but reason-
able that the Lands so far from the Sea and on the Frontiers should
have the Setlers on it encouraged in my Opinion. You may serve
your King, your Proprietaries, and your Country, in promoting
this Scheme, and this may probably draw many of our People to
settle in those Parts, which I hope will prove orderly and indus-
trious Inhabitants, and being used to War may be of good Service
on that Account.

" This seems to be the time if ever to promote so good a Work,
and if omitted may prove our last Opportunity.

" We in New England from our Beginning have often had hard
Wars with the French and Indians, and have hitherto made our Part
good with them ; it is probable the War will enkindle in the West-
ern Parts, and You must come to a Push with the French which
shall be the Masters of the Country, in which Case every man will
be serviceable according to his Strength of Body and Resolution of
Mind ; the Resolution of the Soldier will be very much in Fighting
for his Country according to his Interest in it, and if I must go out
let me have an Army of Freeholders or Freeholders' Sons.

" I have seen an Instance of this in the Siege of Louisburg. We
had but about 3,700 Men, and before We had done about 700 of
these were lost or Invalids. With these We beat the French at our
Landing and beset the City. The Walls were 34 30, and at some
Places 20 Feet high from the Bottom of the Trench, and built so
regular that one or more Cannon swept every Face of it. The Trench
was 11 Feet deep and ten Rods wide ; without is a Picket and Glacis ;
on the Walls were mounted 101 Cannon and 78 Swivels; in the
Town were Five Mortars and all Warlike Stores ; besides this We
had the Grand Battery and Island Battery to subdue ; in the Town
were 2,100 Men and Lads able to bear Arms. Before these Walls
We lay 49 Bays, hourly expecting an Army the Enemy had raised
to take Annapolis would be upon our Backs. We advanced our
Battery within Forty Rods of their Walls, and as We accounted
received from them 9,000 great Shot and Bombs. The Ground
about our Battery was plowed like a Corn Field, yet I never heard
a Man in this Time (excepting those in the Hospital) move to go
home till We had taken the City, and We took it, but how God
gave Us the victory, but humanly speaking it was because our Sol-
diers were Freeholders and Freeholders' Sons and had a Sense of
Interest in the Country and Liberty, and the Men within the Walls
were mercenary Troops.

" Whenever the War commences with You I think a small Army
of such Men well appointed and disciplined will soon convince the
French of their Error in provoking and insulting of You. I think
a Few of them will be more than a Match for a Multitude of their

PROVINCIAL COUNCIL. 773

Plebes brought up in Slavery and have nothing to fight for of their
own.

" This brings to mind a Story a Gentleman told me that he went
in to see his Negroe Man then dying, and seeing him just gone said
to him, ' Cuffee, You are just going, are you not sorry?' 'No/
says the Fellow, i Master, the Loss won't be mine/

(i Pardon the Length of this Letter, and be assured that I am
" Your Honour's most obedient very humbly Servant,

"R. WOLCOTT.

" The Honourable James Hamilton, Esquire."

A Letter from Governor Fitch to Governor Hamilton.

" Hartford, 13 March, 1754.
"Sir:

" As I am favoured with the Honour of Your's of the Fourth
Instant by Mr. Armstrong, at a Time I am obliged to attend Pub-
lick Business from Home, I can only just signify that I have perused
Your's to Governor Wolcott as well as that to me, do well approve
of the Notice you take of the attempt some of the People of this
Colony are making, and the Concern You manifest for the general
Peace of the British Interest and his Majestie's Service, which so
much depend on a regular Proceeding in such Affairs. I know
nothing of anything done by the Government to countenance such a
Procedure as You intimate, and I conclude is going on among some
of our People. I shall in all proper Ways use my Interest to pre-
vent every thing that may tend any way to prejudice the general
Good of these Governments, and am enclined to believe this wild
Scheme of our People will come to nothing, tho' I can't certainly
say. I heartily desire a good Harmony may subsist between your
Government and others, and this in particular; I need not, if I had
time, enlarge, seeing the worthy Bearer of your's (with whose Con-
versation and account concerning those affairs I was well satisfied
and delighted) has, I suppose, received from Governor Wolcott a
more full and satisfactory Answer to your Honour. You'll please
to command me further in this or in any other affair You shall think
proper; all which shall be duly honoured by him, may it please
your Honour, who is

" Your Honour's obedient humble Servant,

"THOs FITCH.
" Governor Hamilton."

Mr. Armstrong reports, that the People of Connecticut are most
earnestly and seriously determined to make a settlement on the Sus-
quehannah within the Latitude of their Province, relying on the
49*

774 f MINUTES OF THE

words of their Grant, which extend to the South Sea, provided
they can succeed in a Purchase of those Lands from the Six Na-
tions, which they are now attempting by the Means of Col. Johnson
and Mr. Lydius of Albany, having subscribed a thousand Pieces of
Eight for that Purpose, each giving Four Dollars for what they call
a Right. That some principal Persons in the Government covertly
encourage them, and have paid their Constitutions $ but he believes
they will not be able to procure the open Countenance of the Gov-
ernment, nor any publick Act in favour of the Project. That many
were staggered at his acquainting them with the Situation of Wyo-
niink, and the Injunctions that had issued against setling it at the
Instance of the Indians, and the Determination of the Government
of Pennsylvania to make all the Opposition possible ; And he has
reason to think he opened the Eyes of abundance of People, which
may have very good Effects.

"The Governor directed the Secretary to inform the Council that
since receiving the Letters of the Governor and Deputy Governor of
Connecticut, and the Report of Mr. Armstrong, He had by Ex-
press from Justice Erodhead and Mr. Parsons been informed that
several People in the County of Northampton had purchased Con-
necticut Rights, and expected their Agents this Spring to settle and
put them into Possession of the Sasquehannah Lands, and that they
desired his Advice what they as Justices ought to do; He had, there-
fore, thought it proper to apply to the Attorney General for his
Opinion, which he had given, and his Honour had sent it to the
Justices to be read in open Court, and along with it a Letter from
the Chief Justice which he, having had several Informations given
him by the Inhabitants of the County of Northumberland to the
same Effect as Mr. Brodhead's and Mr. Parson's Information, had.
thought proper to send to them on the Occasion.

Case for the Attorney General.

u It appears by the Informations of Daniel Brodhead and William
Parsons, Two of his Majestie's Justices of the Peace for the County
of Northampton, that many Persons, the Natural born Subjects of
his Majesty, now residing in this and some of the neighbouring
Provinces, have openly declared their Intention in a Body to possess
themselves of and settle upon a large Tract of Land in this Pro-
vince lying on the Sasquehannah River, and commonly called
Wyomink, without any Lycence or Grant from Our Honourable
Proprietaries or Authority from the Government, which Intention
they have also declared they will carry into Execution this Spring.

" This Tract of Land has not yet been purchased of the Six
Nation Indians, but has hitherto been reserved and is now used by
them for their hunting Ground.

PROVINCIAL COUNCIL. 775

" The Government of Pennsylvania by their Treaties with those
Indians stand engaged not to permit any Persons to settle upon
Lands within the Bounds of the Province that have not been pur-
chased from them. Hence it is apprehended those Indians may
interpret such a Settlement a Violation of our Treaties — and may
be induced to commit Hostilities that would be attended with Con-
sequences most dangerous at this Juncture.

"2. If any Persons give out in Speeches that they are going to
possess themselves of this Tract of Land, and persuade Others to
g;o with them, and are making Preparation to go accordingly, Or if
they shall presume to go and settle there, Is it Lawful for the Jus-
tices of the Peace to cause such Persons to be arrested and im-
prisoned ?

' "To enter upon and seize the Lands of the Proprietaries or
Others without their Permission are Acts against the Laws, and
manifest Breaches of the Public Peace. Such offences by a mul-
titude are of dangerous Example and highly penal, as they tend to
Sedition, and are likely to terminate in Capital Crimes.

" If any Persons, by Words or Actions, discover an Intention to
disturb the Publick Peace they may be arrested and imprisoned
until they give sufficient Security to keep the Peace and be of good
Behaviour.

" Therefore, if it shall be made appear to any Justice of the Peace
by Oath or Affirmation that any Persons have engaged themselves
in the unlawful Design mentioned in the State of this Case, or have
done any Acts tending to promote it, I am of Opinion it will be the
Duty of such Justice to issue his Warrants to apprehend those Per-
sons, and upon their being arrested to commit them to Goal unless
they give Securities to appear at the next Quarter Sessions to an-
swer for their Offences, and in the mean time to keep the Peace and
be of good Behaviour, such as the Justice in his Discretion shall
think reasonable.

"TENCH FRANCIS.
■ " 18th March, 1754."

His Honour once intended to send Mr. Weiser to Onondago to
put the Indians on their Guard against being imposed on by the
Agents of Connecticut for a Grant of Lands within this Province,
but Mr. Weiser, who was consulted thereon, thinking it would be
better to transact the Business at Albany, He dropped that Inten-
tion and wrote the following Letter to Col. Johnson :

" Philadelphia, 20 th March, 1754.
"Sir:

" I am informed that a Party of private People residing in the
Province of Connecticut, under a Pretence of some extensive Words
in their Charter, have published their Intention, even among our

776 MINUTES OF THE

own Inhabitants, of coming this Spring in a Body into this Pro-
vince and forcibly setling some of the Proprietaries Lands in the
very Centre of our Province, and that they were likewise hardy
enough to make this known to the Government of Connecticut,
who disavowing their Proceedings they thereupon turned their
Thoughts towards the Indians of the Five Nations, and having
made up a Purse to give them for their Right to those Lands,
they, as I am further informed, now intend to apply to you for your
Interest and Solicitation in their Behalf with those Indians.

" Though I have not the Honour of your personal acquaintance,
yet from your Character both publick and private, which is well
known to me, I should not entertain the least Doubt that you would
encourage a Party of private men, as this is disavowed by their
own Government to make Contracts with the Indians for the Sale
of Lands either in this or Connecticut Province, being contrary to
the Laws of both Places, and productive of many fatal conse-
quences.

uNor can I have the least Suspicion that if the Application was
made openly to the Council of Onondago, with whom this Govern-
ment only treats for Lands, as they know their Engagements to sell
to our Proprietaries all the Lands within this Province when their
Indians shall incline to leave them, or the Encrease of the In-
habitants requires a larger Extent of Country; but they would re-
ject the Application of these People with the greatest Indignation
as contrary to the Faith of Treaties subsisting between this Prov-
ince and their Nations, and particularly as their own Indians now
live on these Lands and use them for hunting ; and they have re-
peatedly in their Treaties besought this Government that they
might not be setled, and Proclamations at their Instance have ac-
cordingly issued, strictly charging all Persons to forbear making
any Settlements in those Parts of the Province.

" But the Indians being liable to the Temptation of Liquor, and
when disordered therewith apt to be imposed on, and for Money
grant any Applications from any Body for Lands, though when
sober they would condemn themselves and be sorry for what they
had done, I am apprehensive if they are not put upon their Guard
that these Practices may be tried upon them and these ill-minded
People when they have got Indian Deeds, no matter how obtained,
nor from whom, may set up these Titles and so pervert the Minds
of the Inhabitants and introduce intestine Broils and endless Dis-
orders amongst Us.

" Knowing your Zeal for the Publick Good of the Colonies, and
the Regards frequently shewn by you in your early Intelligences to
this Province, I entreat you would be pleased to put the Indians
upon their Guard, as opportunity serves you, against the attempts
of these People, which you must be sensible might not only alienate
the affections of the Six Nations by taking from them against their

PROVINCIAL COUNCIL. 777

will the Possession of a favourite Part of the Country, but might
also draw on a civil War within this Province, as the Government
would be obliged to oppose such tumultuous Settlements and Intru-
sions, and thus prove particularly hurtful to the general Interest at
this time, when the French have actually invaded this Province,
and we are likely to be involved in a War to repel them.

" As this Government has determined to send Commissioners to
the general Interview at Albany, I shall direct some of the Commis-
sioners to wait on You in Order to confer further with you of what
may be necessary to be done on this Occasion, and in the mean
time I shall be much obliged to you to use your good Offices in
behalf of this Government, so far as that nothing may be done with
the Indians by the Connecticut agents, or any others in their
Behalf, to the Injury of the Proprietaries of this Province.
" I am, Sir, your very humble Servant,

"JAMES HAMILTON.

" William Johnson, Esquire."

END OF VOL. V.

2250

^