The Project Gutenberg EBook of The History of the Five Indian Nations of
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Title: The History of the Five Indian Nations of Canada
Attachments and Support Papers
Author: Cadwallader Colden
Release Date: March 30, 2011 [EBook #35720]
Language: English
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P A P E R S
R E L A T I N G T O
An A C T of the Assembly
O F T H E
Province of _N E W-Y O R K_,
F O R
Encouragement of the _Indian Trade_, &c. and for prohibiting the selling
of _Indian Goods_ to the _French, viz_. of _CANADA_.
I. A Petition of the Merchants of _London_ to His Majesty against the
said Act.
II. His Majesty's Order in Council, referring the Petition to the Lords
Commissioners of _Trade_ and _Plantation_.
III. Extract of the Minutes of the said Lords, concerning some
Allegations of the Merchants before them.
IV. The Report of the said Lords to His Majesty on the Merchants
Petition, and other Allegations.
V. The Report of the Committee of Council of the Province of _New-York_,
in Answer to the said Petition.
VI. A Memorial concerning the Furr-Trade of _New-York_, by _C. Colden_,
Esq;
T O T H E
K i n g's Most Excellent Majesty in Council,
The Humble Petition and Representation of _Samuel Baker, Samuel
Storke, John Bayeux, Richard Jeneway, Robert Hackshaw, Joseph
Low, Joseph Paice, George Streatfield, William Parkin_, and
_John Evered_, Merchants of _London_, trading to _New-York_, in
behalf of themselves, and the rest of the Persons concern'd in
the _New-York_ Trade.
_S H E W E T H_,
That by an Act passed in _New-York_ the 19th of _November_, 1720,
entitled, _An Act for Encouragement of the_ Indian _Trade, and rendering
it more beneficial to the Inhabitants of this Province, and for
prohibiting the selling of_ Indian Goods _to the_ French, all Trade
whatsoever is prohibited in the strictest Manner, and under the severest
Penalties, between the Inhabitants of _New-York_ Government, and the
_French_ of _Canada_, or any Subjects of the _French King_, or any
Person whatsoever, for or on the behalf of any such Subjects; and which
Act was to continue in force for three Years.
That the Reasons assigned in the Preamble of this Act, for the passing
thereof, are, For that the _French_ at _Canada_, by means of _Indian_
Goods purchased from the Inhabitants of _New-York_, had not only almost
wholly engrossed the _Indian Trade_ to themselves, but had, in great
measure, withdrawn the Affections of the _Five Nations_ of _Indians_
from the Inhabitants of _New-York_, and render'd them wavering in their
Faith and Allegiance to your Majesty; and would, if such Trade was not
prevented, wholly alienate the Minds of the said _Indians_, which might
prove of dangerous Consequence to the _English Interest_ in _America_.
That this Act was sent home for your Majesty's royal Consideration, but
your Petitioners do not find that your Majesty ever signified your
Allowance or Disallowance thereof; from whence, and from the Act's being
to continue but three Years, your Petitioners humbly conceive the same
was suffered to lie by probationary, to see whether the said Act, in its
Effects, was really advantageous or prejudicial to the _British Trade_
and _Interest_ in _America_.
That your Petitioners have received Advice, That the Government of
_New-York_ either have, or are about passing an Act, to revive and
continue the said Act for prohibiting all Trade between _New-York_ and
_Canada_.
Upon which Occasion, your Petitioners humbly beg leave to represent to
your Majesty, That the said Act, tho' in the first Intention of it, it
might be well designed, yet, in its Effects, it has proved very
pernicious to the _British Trade_ in general, and to the Interest of
_New-York_ in particular: For, besides the Nations of _Indians_ that are
in the _English_ Interest, there are very many Nations of _Indians_, who
are, at present, in the Interest of the _French_, and who lie between
_New-York_, and the Nations of _Indians_ in the _English Interest_; and
this Act prohibiting all Trade between _New-York_ and the _French_ of
_Canada_, or any of the Subjects of _France_, the _French_, and their
_Indians_, would not permit the _English Indians_ to pass over by their
Forts, so as to carry on a free Trade with _New-York_, but prevented
their Passages, as much as possible, whereby that most considerable and
only valuable Branch of Trade from _New-York_, hath, ever since the
passing the said Act, very much lessened, from the great Difficulties of
carrying on any Trade with the _English Indians_, and the Prohibition of
all Trade with the _French_; and all the _Indian Goods_ have, by this
Act, been raised in their Price 25_l._ to 30_l._ _per Cent_.
Whereas, on the other hand, this Branch of the _New-York_ Trade, by the
Discouragements brought upon it by this Act, is almost wholly engrossed
by the _French_, who have already, by this Act, been encouraged to send
proper _European Goods_ to _Canada_, to carry on this Trade; so that
should this Act be continued, the _New-York_ Trade, which is very
considerable, must be wholly lost to us, and center in the _French_.
And your Petitioners further beg leave humbly to represent, That as they
conceive nothing can tend more to the with-drawing the Affections of the
_Five Nations_ of _Indians_ from the _English Interest_, than the
Continuance of the said Act, which, in its Effects, restrains them from
a free Commerce with the Inhabitants of _New-York_, and may, too
probably, estrange them from the _English Interest:_ Whereas by a
Freedom of Commerce, and an encourag'd Intercourse of Trade with the
_French_, and their _Indians_, the _English Interest_ might, in time, be
greatly improved and strengthened among the _Indians_ in general, who,
by such Latitude of Trade, might be link'd to our Friendship in the
strongest Ties of their own Interest, as well as Inclinations.
That therefore, and as the said Act was, in its Effects, so plainly
destructive and prejudicial to the Trade and Interest of these Kingdoms,
and so much for the Interest of the _French_, and greatly promoted that
Mischief which it was intended to prevent,
Your Petitioners most humbly pray your Majesty, That you would
be graciously pleased to give the necessary Directions to your
Governor of _New-York_, not to pass any new Act for the reviving
or continuing the said Act prohibiting Trade with the _French_
of _Canada_; and that if any such Act, or any Act of the like
Tendency, be already passed, that the same may be repealed. _And
your Petitioners shall ever pray_, &c.
_Samuel Baker_,
_Rob. Hackshaw_,
_Jo. Lloyd_,
_Sam. Storke_,
_J. Bayeux_,
_Sam. Fitch_,
_Rich. Jeneway_,
_Jos. Lowe_,
_Asher Levy_,
_John Paine_,
_J. Bull_,
_Fra. Wilks_,
_Wm. Parkin_,
_John Gilbert_,
_Jos. Paice_, jun.
_Rich. Mico_,
_Jo. Miranda_,
_Geo. Streatfield_,
_John Everet_,
_Thompson Hayne_.
* * * * *
_At the Court at_ St. James'_s the 30th Day of_ April, 1724.
P R E S E N T
The K i n g's Most Excellent Majesty in Council.
Upon Reading this Day at the Board the humble Petition and
Representation of _Samuel Baker, Samuel Storke_, and several others,
Merchants of _London_, trading to _New-York_, in behalf of themselves,
and the rest of the Persons concern'd in the _New-York_ Trade, which
_Petition_ sets forth, That great Discouragements have been brought upon
the _British Trade_, by an Act passed in the said Colony of _New York_,
the 19th of _November_, 1720, entitled, _An Act for the Encouragement
of the_ Indian Trade, _and rendering of it more beneficial to the
Inhabitants of this Province, and for prohibiting the selling of_ Indian
Goods _to the_ French. And that as the said Act was to continue in force
only for three Years, they are informed the Government of _New-York_
either have, or are about passing an Act to revive and continue the
same: Wherefore they humbly pray, that the Governor of that Colony may
be ordered, not to pass any new Act for that purpose; and if any such
Act be already pass'd, that it may be repealed.
It is ordered by his Majesty in Council, That the said Petition (a Copy
whereof is hereunto annexed) be, and it is hereby referred to the Lords
Commissioners for Trade and Plantations, to examine into the same, and
report to his Majesty, at this Board, what they conceive fit to be done
therein.
Signed,
_James Vernon_.
* * * * *
_Extract of the Minutes of the Right Honourable the Lords
Commissioners for Trade and Plantations, the_ 7_th of_ July,
1724.
Mr. _Sharp_ attending, as he had been desired, with several _New-York_
Merchants, their Lordships took again into Consideration the Order of
Council of the 30th of _April_, mentioned in the Minutes of the first of
_May_ last, referring to the Board their Petition against the Renewing
an Act passed in _New-York_, in _November_, 1720, entitled, _An Act for
the Encouragement of the_ Indian _Trade_, _and rendering of it more
effectual to the Inhabitants of this Province, and for prohibiting the
selling of_ Indian _Goods to the_ French. And Mr. _Sharp_, in behalf of
the several Merchants, acquainted their Lordships, That he conceived
this Act, tho' its Intention of gaining the _Indians_ to the _English_
Interest might be good, would have quite a contrary Effect, because, if
the Trade with the _French_ was prevented, and the Merchants should
discontinue that with the _Indians_, (as he was informed they would) the
_French_ might lay hold of this Opportunity to furnish themselves with
Goods from _Europe_, and supply the Five Nations of _Indians_, and
thereby gain them to their Interest: And this, by reason of their
Situation, would not be in the Power of the _English_ to prevent: That
they were two or three hundred Leagues distant from _Albany_, and that
they could not come to trade with the _English_ but by going down the
River _St. Laurence_, and from thence through a Lake, which brought them
within eighteen Leagues of _Albany_.
And that the _French_ having made Settlements along the said River, it
would be in their Power, whenever they pleased, to cut off that
Communication.
That this Act had been so great a Discouragement to the _British Trade_,
in general, that there had not been, by far, so great a Quantity of
Beaver, and other Furs, imported into _Great-Britain_ since the passing
the said Act, as there was before; nor half the Quantity of _European
Goods_ exported.
That several Merchants who had sent over to _New-York_ considerable
Quantities of _European Goods_, had received Advice from their
Correspondents, That should another Act of the like Nature be passed,
they could not find a vent for them, and desired they would send no
more.
Upon the whole, Mr. _Sharp_ desired, in behalf of the Merchants, that
Mr. _Burnet_ might be directed not to pass any Act of the like Nature
for the future.
To the K i n g's Most Excellent Majesty.
_May it please your Majesty_;
In Obedience to your Majesty's Commands, signified to us by your Order
in Council of the 30th of _April_ last, referring to us the Petition of
several Merchants of _London_ trading to _New-York_, setting forth "The
great Discouragements that have been brought upon the _British Trade_ by
an Act passed in _New-York_ the 19th of _November_, 1720, entitled, _An
Act for the Encouragement of the_ Indian Trade, _and rendering of it
more beneficial to the Inhabitants of this Province, and for prohibiting
the selling of_ Indian Goods _to the_ French. And that as the said Act
is now expir'd, the said Merchants are informed the Government of
_New-York_ either have, or are about passing an Act to revive and
continue the same; and therefore pray, that a stop may be put thereto."
We humbly take leave to represent to your Majesty,
That we have been attended by the Petitioners, who informed us, that
they have found this Act, by Experience, to be so great a Discouragement
to the _British Trade_, that there has not been, by far, so considerable
a Quantity of Beaver, and other Furs, imported into _Great-Britain_,
from _New-York_, since the passing the said Act, as heretofore, nor half
the Quantity of _European Goods_ exported thither; in consequence
whereof the Price of Furs is raised _Five and Twenty_ and _Thirty per
Cent._ to the great Prejudice of several _British_ Manufactures.
They likewise affirmed, That it was impracticable to hinder the _French_
from supplying the _Indians_ with _European_ Goods: For tho' _New-York_
should not furnish them, the _French_ would find another way to be
supplied therewith, either from some other of his Majesty's
Plantations, or, it might be, directly from _Europe_. That it was of
dangerous Consequence to force this Trade into a new Channel, many of
the Goods which the _Indians_ want being as easy to be had directly from
_France_ or _Holland_, as from _Great-Britain_.
They further added, That it was not likely the Act, in question, should
produce the Effects expected from it, more particularly that of securing
the Five _Indian_ Nations firmly to the _British_ Interest; because, if
the _French_ should once get a Supply of the Goods necessary for the
_Indian_ Trade, from any other Place, as the Five _Indian_ Nations are
settled upon the Banks of the River of _St. Lawrence_, directly opposite
to _Quebeck_, two or three hundred Leagues distant from the nearest
_British_ Settlement in _New-York_, the Vicinity of the _French_ would
furnish them with the Means of supplying even the _Five Nations_ with
these Goods, and consequently of alienating their Affections from the
_British_ Interest. And that there was no Prospect of obtaining a Trade
with the _French Indians_ by this means, because the French would always
be able to prevent their Passage cross the Lakes and River of _St.
Lawrence_ to our Settlements.
These were the most material Objections made by the Merchants against
the Bill.
* * * * *
On the other hand, the Preamble of the Act sets forth, That it was found
by Experience, that the _French_ of _Canada_, by means of _Indian_ Goods
brought from that Province, had not only almost wholly engrossed the
_Indian_ Trade, but had in great Measure, withdrawn the Affections of
the _Five Nations_ of _Indians_ from the Inhabitants of that Province,
and rendered them wavering in their Allegiance to your Majesty; and
would, if such Trade were not prevented, altogether alienate the Minds
of the said _Indians_, which would prove of dangerous Consequence to
the _English_ Interest in _America_.
And Mr. _Burnet_, your Majesty's Governor of _New-York_, informs us,
That, since the passing of this Act, several of the far _Indians_ had
come to _Albany_ to trade; That some of them came above one thousand
Miles, and are now incorporated with the _Five Nations_: That he had
likewise Intelligence of more far _Indians_ that design'd to come to
_Albany_, which he conceives to have been a good Effect proceeding from
this Act: And likewise adds, That he did not doubt but the Cheapness of
Goods in _Albany_ would induce the _Indians_ to trade there, rather than
with the _French_ at _Montreal_; and that the Traders of _Albany_ began
to be sensible of their Error in sharing a Trade with the _French_,
which they now perceive they can keep wholly to themselves.
* * * * *
_Upon the whole_, being doubtful of some of the Facts alledged by the
Merchants, and considering how far the _British Trade_ may be affected
by this Act, on the one hand; and how much the Security and Interest of
your Majesty's Colonies in _America_ may be concerned, on the other, we
are humbly of Opinion, That no Directions should be sent to _New-York_,
upon the Subject-Matter of this Act, till Mr. _Burnet_ shall have been
acquainted with the Objections of the Merchants thereto, and his Answers
and Observations received thereupon. For which end, if your Majesty
shall be graciously pleased to approve of this our Proposal, we shall
forthwith send him Copies both of the Merchants Memorial, and of what
Objections they have made before us to the Subject-Matter of this Bill.
Which is most humbly submitted. Signed,
_J. Chetwind_,
_T. Pelham_,
_M. Bladen_,
_R. Plummer_,
_Ed. Ashe_.
_Whitehall_,
_July_ 14, 1724.
* * * * *
_The Report of a Committee of the Council held at_ New-York,
November 6, 1724.
_May it please your Excellency_,
In Obedience to your Excellency's Commands in Council, the 29th of
_October_, referring to us a Petition of several Merchants in _London_,
presented to the King's most excellent Majesty, against renewing an Act
passed in this Province, entitled, _An Act for Encouragement of the_
Indian _Trade, and rendering it more effectual to the Inhabitants of
this Province, and for prohibiting the selling of_ Indian _Goods to the_
French; as likewise the several Allegations of the said Merchants before
the Right Hon. the Lords of Trade and Plantations, we beg Leave to make
the following Remarks.
In order to make our Observations the more distinct and clear, we shall
gather together the several Assertions of the said Merchants, both in
their Petition, and delivered verbally before the Lords of Trade, as to
the Situation of this Province, with respect to the _French_ and _Indian
Nations_, and observe on them, in the first Place, they being the
Foundation on which all their other Allegations are grounded. Afterwards
we shall lay before your Excellency, what we think necessary to observe
on the other parts of the said Petition, in the Order they are in the
Petition, or in the Report of the Lords of Trade.
In their geographical Accounts they say, "Besides the Nations of
_Indians_ that are in the _English_ Interest, there are very many
Nations of _Indians_, who are at present in the Interest of the
_French_, and who lie between _New-York_ and the Nations of _Indians_ in
the _English_ Interest.----The _French_ and their _Indians_ would not
permit the _English Indians_ to pass over by their Forts."
The said Act "Restrains them (_the Five Nations_) from a free Commerce
with the Inhabitants of _New-York_.
"The _Five Indian Nations_ are settled upon the Banks of the River _St.
Lawrence_, directly opposite to _Quebeck_, two or three Hundred Leagues
distant from the nearest _British_ Settlements in _New-York_.
"They (_the Five Nations of Indians_) were two or three Hundred Leagues
distant from _Albany_; and that they could not come to trade with the
_English_ but by going down the River _St. Lawrence_, and from thence
through a Lake, which brought them within eighteen Leagues of _Albany_."
These Things the Merchants have thought it safe for them, and consistent
with their Duty to his sacred Majesty, to say in his Majesty's Presence,
and to repeat them afterwards before the Right Hon. the Lords of Trade,
though nothing can be more directly contrary to the Truth. For there are
no Nations of _Indians_ between _New-York_ and the Nations of _Indians_
in the _English Interest_, who are now six in Number, by the Addition of
the _Tuscaroras_. The _Mohawks_ (called _Annies_ by the _French_) one of
the Five Nations, live on the South-side of a Branch of
_Hudson's-River_, (not on the North-side, as they are placed in the
_French_ Maps) and but forty Miles directly West from _Albany_, and
within the _English_ Settlements, some of the _English_ Farms upon the
same River being thirty Miles further West.
The _Oneidas_ (the next of the Five Nations) lie likewise West from
_Albany_, near the Head of the _Mohawks-River_, about one Hundred Miles
from _Albany_.
The _Onondagas_ lie about one Hundred and Thirty Miles West from
_Albany_. And the _Tuscaroras_ live partly with the _Oneidas_, and
partly with the _Onondagas_.
The _Cayugas_ are about one hundred and sixty Miles from _Albany_.
And the _Sennekas_ (the furthest of all these Nations) are not above two
hundred and forty Miles from _Albany_, as may appear by Mr. _De
L'Isle_'s Map of _Louisiane_, who lays down the Five Nations under the
Name of _Iroquois_.
And Goods are daily carried from this Province to the _Sennekas_, as
well as to those Nations that lie nearer, by Water all the Way, except
three Miles, (or in the dry Seasons, five Miles) where the Traders carry
over Land between the _Mohawks-River_ and the _Wood Creek_, which runs
into the _Oneida-Lake_, without going near either _St. Lawrence-River_,
or any of the _Lakes_ upon which the _French_ pass, which are entirely
out of their Way.
The nearest _French_ Forts or Settlements to _Albany_, are _Chambly_ and
_Monreal_, both of them lying about North and by East from _Albany_, and
are near two hundred Miles distant from it. _Quebeck_ lies about three
hundred and eighty Miles North-East from _Albany_. So far is it from
being true, that the Five Nations are situated upon the Banks of the
_River St. Lawrence_, opposite to _Quebeck_, that _Albany_ lies almost
directly between _Quebeck_ and the _Five Nations_. And to say that these
_Indians_ cannot come to trade at _Albany_, but by going down the _River
St. Lawrence_, and then into a _Lake_ eighteen Leagues from _Albany_ (we
suppose they mean _Lake Champlain_) passing by the _French_ Forts, is to
the same Purpose as if they should say, that one cannot go from _London_
to _Bristol_, but by Way of _Edinburgh_.
Before we go on to observe other Particulars, we beg Leave further to
remark, that it is so far from being true, that the _Indians_ in the
_French_ Interest, lie between _New-York_ and our _Five Nations of
Indians_, that some of our Nations of _Indians_ lie between the _French_
and the _Indians_, from whence the _French_ bring the far greatest
Quantity of their Furs: For the _Sennekas_ (whom the _French_ call
_Sonontouons_) are situated between _Lake Erie_ and _Cataraqui Lake_,
(called by the _French Ontario_) near the great Fall of _Jagara_, by
which all the _Indians_ that live round _Lake Erie_, round the Lake of
the _Hurons_, round the Lake of the _Illenois_, or _Michegan_, and round
the great _Upper Lake_, generally pass in their Way to _Canada_. All the
_Indians_ situated upon the Branches of the _Misissippi_, must likewise
pass by the same Place, if they go to _Canada_. And all of them likewise
in their Way to _Canada_, pass by our Trading-Place upon the _Cataraqui
Lake_, at the Mouth of the _Onondaga River_. The nearest and safest Way
of carrying Goods upon the _Cataraqui Lake_ towards _Canada_, being
along the South-side of that Lake, (near where our _Indians_ are
settled, and our Trade of late is fixed) and not by the North-side and
_Cataraqui_, or _Frontinac Fort_, where the _French_ are settled.
Now that we have represented to your Excellency, that not one Word of
the Geography of these Merchants is true, upon which all their Reasoning
is founded, it might seem needless to trouble your Excellency with any
further Remarks, were it not to show with what earnestness they are
promoting the _French Interest_, to the Prejudice of all his Majesty's
Colonies in _North America_, and that they are not ashamed of asserting
any Thing for that End, even in the Royal Presence.
_First_, They say, "That by the Act passed in this Province, entitled,
_An Act for Encouragement of the_ Indian _Trade, &c_. All Trade
whatsoever is prohibited in the strictest Manner, and under the severest
Penalties, between the Inhabitants of _New-York_ Government, and the
_French_ of _Canada_."
This is not true, for only carrying Goods to the _French_, which are
proper for the _Indian Trade_, is prohibited. The Trade as to other
Things, is left in the same State it was before that Act was made, as it
will appear to any Person that shall read it: And there are yearly large
Quantities of other Goods openly carried to _Canada_, without any
Hindrance from the Government of _New-York_. Whatever may be said of the
Severity and Penalties in that Act, they are found insufficient to deter
some from carrying Goods clandestinely to the _French_; and the
Legislature of this Province are convinced that no Penalties can be too
severe, to prevent a Trade which puts the Safety of all his Majesty's
Subjects of _North America_ in the greatest Danger.
Their next Assertion is, _All the_ Indian _Goods have by this Act, been
raised_ 25 l. _to_ 30 l. _per Cent_. This is the only Allegation in the
whole Petition, that there is any Ground for. Nevertheless, though the
common Channel of Trade cannot be altered without some Detriment to it
in the Beginning, we are assured from the Custom-house Books, that there
has been every Year, since the passing of this Act, more Furs exported
from _New-York_, than in the Year immediately before the passing of this
Act. It is not probable, that the greatest Difference between the
Exportation any Year before this Act, and any Year since, could so much
alter the Price of Beaver, as it is found to be this last Year. Beaver
is carried to _Britain_ from other Parts besides _New-York_, and it is
certain that the Price of Beaver is not so much altered here by the
Quantity in our Market, as by the Demand for it in _Britain_. But as we
cannot be so well informed here, what occasions Beaver to be in greater
Demand in _Britain_, we must leave that to be enquired after in
_England_. However, we are fully satisfied that it will be found to be
for very different Reasons from what the Merchants alledge.
The Merchants go on and say, _Whereas on the other Hand, this Branch of
the_ New-York _Trade, by the Discouragements brought upon it by this
Act, is almost wholly engrossed by the_ French, _who have already by
this Act, been encouraged to send proper_ European Goods _to_ Canada,
_to carry on this Trade, so that should this Act be continued, the_
New-York _Trade which is very considerable, must be wholly lost to us,
and center in the_ French.----_Though_ New-York _should not furnish
them, the_ French _would find another_ Way _to be supplied therewith,
either from some other of his Majesty's Plantations, or it might be
directly from Europe_.----_Many of the Goods which the_ Indians _want
being as easy to be had directly from_ France _or_ Holland, _as from_
Great-Britain.
This is easily answered, by informing your Excellency, that the
principal of the Goods proper for the _Indian Market_ are only of the
Manufactures of _Great-Britain_, or of the _British Plantations, viz_.
Strouds, or Stroud-Waters, and other Woollens, and Rum. The _French_
must be obliged to buy all their Woollens (the Strouds especially) in
_England_, and thence carry them to _France_, in order to their
Transportation to _Canada_. The Voyage to _Quebeck_ through the Bay of
_St. Lawrence_, is well known to be the most dangerous of any in the
World, and only practicable in the Summer Months. The _French_ have no
Commodities in _Canada_, by reason of the Cold and Barrenness of the
Soil, proper for the _West-India_ Markets, and therefore have no Rum but
by Vessels from _France_, that touch at their Islands in the
_West-Indies_. _New-York_ has, by Reason of its Situation, both as to
the Sea and the _Indians_, every Way the Advantage of _Canada_. The
_New-York_ Vessels make always two Voyages in the Year from _England_,
one in Summer and another in Winter, and several Voyages in a Year to
the _West-Indies_. It is manifest therefore, that it is not in the Power
of the _French_ to import any Goods near so cheap to _Canada_, as they
are imported to _New-York_.
But to put this out of all Controversy, we need only observe to your
Excellency, That Strouds (without which no considerable Trade can be
carried on with the _Indians_) are sold at _Albany_ for 10 _l._ a Piece:
They were sold at _Monreal_ before this Act took Place, at 13 _l._ 2
_s._ 6 _d._ and now they are sold there for 25 _l._ and upwards: Which
is an evident Proof, that the _French_ have not, in these four Years
Time (during the Continuance of this Act) found out any other Way to
supply themselves with Strouds, and likewise that they cannot trade
without them, seeing they buy them at so extravagant a Price.
It likewise appears, that none of the neighbouring Colonies have been
able to supply the _French_ with these Goods; and those that know the
Geography of the Country, know it is impracticable to do it at any
tolerable Rate, because they must carry their Goods ten Times further by
Land than we need to do.
We are likewise assured, that the Merchants of _Monreal_ lately told Mr.
_Vaudreuil_ their Governor, that if the Trade from _Albany_ be not by
some Means or other encouraged, they must abandon that Settlement. We
have Reason therefore to suspect, that these Merchants (at least some of
them) have been practised upon by the _French_ Agents in _London_; for
no doubt, the _French_ will leave no Method untried to defeat the
present Designs of this Government, seeing they are more afraid of the
Consequences of this Trade between _New-York_ and the _Indians_, than of
all the warlike Expeditions that ever were attempted against _Canada_.
But to return to the Petitioners, _They conceive nothing can tend more
to the withdrawing the Affections of the_ Five Nations of Indians _from
the_ English Interest, _than the Continuance of the said Act, which in
its Effects restrains them from a free Commerce with the Inhabitants of_
New-York, _and may too probably, estrange them from the_ English
Interest, _whereas by a Freedom of Commerce, and an encouraged
Intercourse of Trade with the_ French _and their_ Indians, _the_ English
_Interest might in Time, be greatly improved and strengthened_.
It seems to us a strange Argument to say, that an Act, the whole Purport
of which is to encourage our own People to go among the _Indians_, and
to draw the far _Indians_ through our _Indian Country_ to _Albany_ (and
which has truly produced these Effects) would on the contrary, restrain
them from a free Commerce with the Inhabitants of _New-York_, and may
too probably estrange them from the _English Interest_, and therefore
that it would be much wiser in us to make use of the _French_, to
promote the _English Interest_; and for which End, we ought to encourage
a free Intercourse between them and our _Indians_. The reverse of this
is exactly true, in the Opinion of our _Five Nations_; who in all their
publick Treaties with this Government, have represented against this
Trade, as _The Building the_ French _Forts with_ English _Strouds_: That
the encouraging a Freedom of Commerce with our _Indians_, and the
_Indians_ round them, who must pass through their Country to _Albany_,
would certainly increase both the _English Interest_ and theirs, among
all the Nations to the Westward of them; and that the carrying the
_Indian Market_ to _Monreal_ in _Canada_, draws all the far _Indians_
thither.
The last Thing we have to take Notice, is what the Merchants asserted
before the Lords of Trade, _viz. That there has not been half the
Quantity of_ European _Goods exported since the passing of this Act,
that used to be_.
We are well assured, that this is no better grounded than the other
Facts they assert with the same Positiveness. For it is well known
almost to every Person in _New-York_, that there has not been a less,
but rather a greater Quantity of _European Goods_ imported into this
Place, since the passing of this Act, than was at any Time before it, in
the same Space of Time. As this appears by the Manifests in the
Custom-house here, the same may likewise be easily proved by the
Custom-house Books in _London_.
As all the Arguments of the Merchants run upon the ill Effects this Act
has had upon the Trade and the Minds of the _Indians_, every one of
which we have shown to be asserted without the least Foundation to
support them, there nothing now remains, but to show the good Effects
this Act has produced, which are so notorious in this Province, that we
know not one Person that now opens his Mouth against the Act.
Before this Act passed, none of the People of this Province travelled
into the _Indian Countries_ to trade: We have now above forty young Men,
who have been several Times as far as the Lakes a trading, and thereby
become well acquainted, not only with the Trade of the _Indians_, but
likewise with their Manners and Languages; and these have returned with
such large Quantities of Furs, that greater Numbers are resolved to
follow their Example. So that we have good Reason to hope, that in a
little Time the _English_ will draw the whole _Indian_ Trade of the
Inland Countries to _Albany_, and into the Country of the _Five
Nations_. This Government has built a publick Trading-house upon
_Cataraqui Lake_, at _Irondequat_ in the _Sennekas_ Land, and another is
to be built next Spring, at the Mouth or the _Onondagas River_. All the
far _Indians_ pass by these Places, in their Way to _Canada_; and they
are not above half so far from the _English_ Settlements, as they are
from the _French_.
So far is it from being true what the Merchants say, _That the_ French
_Forts interrupt all Communication between the_ Indians _and the_
English, that if these Places be well supported, as they easily can be
from our Settlements, in case of a Rupture with the _French_, it will
be in the Power of this Province, to intercept the greatest Part of the
Trade between _Canada_ and the _Indians_, round the Lakes and the
Branches of the _Misissippi_.
Since this Act passed, many Nations have come to _Albany_ to trade, and
settle Peace and Friendship, whose Names had not so much as been heard
of among us.
In the Beginning of _May_ 1723, a Nation of _Indians_ came to _Albany_
singing and dancing, with their Calumets before them, as they always do
when they come to any Place where they have not been before. We do not
find that the Commissioners of _Indian_ Affairs, were able to inform
themselves what Nation this was.
Towards the End of the same Month, eighty Men, besides Women and
Children, came to _Albany_ in the same Manner. These had one of our Five
Nations with them for an Interpreter, by whom they informed the
Commissioners, that they were of a great Nation, called _Nehkereages_,
consisting of six Castles and Tribes; and that they lived near a Place
called by the _French Missilimakinak_, between the Upper Lake and the
Lake of the _Hurons_. These _Indians_ not only desired a free Commerce,
but likewise to enter into a strict League of Friendship with us and our
_Six Nations_, that they might be accounted the _Seventh Nation_ in the
League; and being received accordingly, they left their Calumet as a
Pledge of their Fidelity.
In _June_ another Nation arrived, but from what Part of the Continent we
have not learned.
In _July_ the _Twightwies_ arrived, and brought an _Indian_ Interpreter
of our Nations with them, who told, that they were called by the _French
Miamies_, and that they live upon one of the Branches of the River
_Misissippi_.
At the same Time some of the _Tahsagrondie Indians_, who live between
_Lake Erie_ and the Lake of the _Hurons_, near a _French_ Settlement,
did come and renew their League with the _English_, nor durst the
_French_ hinder them.
In _July_ this Year, another Nation came, whose Situation and Name we
know not. And in _August_ and _September_, several Parties of the same
_Indians_ that had been here last Year. But the greatest Numbers of
these far _Indians_ have been met this Year, in the _Indian_ Country by
our Traders, every one of them endeavouring to get before another, in
order to reap the Profits of so advantageous a Trade, which has all this
Summer long, kept about forty Traders constantly employed, in going
between our Trading-places in our _Indian_ Country, and _Albany_.
All these Nations of _Indians_ who came to _Albany_ said, that the
_French_ had told them many strange Stories of the _English_, and did
what they could to hinder their coming to _Albany_, but that they had
resolved to break through by Force. The Difference on this Score between
the _Tahsagrondie Indians_ and the _French_ (who have a Fort and
Settlement there, called by them _Le Detroit_) rose to that Height this
Summer, that Mr. _Tonti_ who commanded there, thought it proper to
retire, and return to _Canada_ with many of his Men.
We are for these Reasons well assured, that this Year there will be more
Beaver exported for _Great-Britain_, than ever was from this Province in
one Year; and that if the Custom-house Books at _London_ be looked into,
it will be found, that there will be a far greater Quantity of Goods for
the _Indians_, (Strouds especially) sent over next Spring, than ever was
at any one Time to this Province; for the Merchants here tell us, that
they have at this Time, ordered more of these Goods, than ever was done
at any one Time before.
These Matters of Fact prove beyond Contradiction, that this Act has been
of the greatest Service to _New-York_, in making us acquainted with many
Nations of _Indians_, formerly entirely unknown and Strangers to us; in
withdrawing them from their Dependance upon the _French_, and in uniting
them to _us_ and _our Indians_, by Means of Trade and mutual Offices of
Friendship. Of what great Consequence this may be to the _British
Interest_ in general, as to Trade, is apparent to any Body. It is no
less apparent likewise, that it is of the greatest Consequence to the
Safety of all the _British Colonies_ in _North-America_. We feel too
sensibly, the ill Effects of the _French Interest_ in the present War
betwixt _New-England_, and only one Nation of _Indians_ supported by the
_French_. Of what dismal Consequences then might it be, if the _French_
should be able to influence in the same Manner, so many and such
numerous _Nations_, as lie to the Westward of _this Province,
Pensylvania_ and _Maryland_? On the other Hand, if all these _Nations_
(who assert their own Freedom, and declare themselves Friends to those
that supply them best with what they want) be brought to have a
Dependance upon the _English_ (as we have good Reason to hope, in a
short Time they will) the _French_ of _Canada_, in case of a War, must
be at the Mercy of the _English_.
To these Advantages must be added, that many of our young Men having
been induced by this Act to travel among the _Indians_, they learn their
Manners, their Languages, and the Situation of all their Countries, and
become inured to all Manner of Fatigues and Hardships, and a great many
more being resolved to follow their Example; these young Men, in case of
a War with the _Indians_, will be of ten Times the Service, that the
same Number of the common Militia can be of.
The Effects of this Act have likewise so much quieted the Minds of the
People, with Respect to the Security of the Frontiers, that our
Settlements are now extended above thirty Miles further West towards the
_Indian_ Countries, than they were before it passed.
The only Thing that now remains to answer, is an Objection which we
suppose may be made, _What can induce the Merchants of_ London _to
petition against an Act, which will be really so much for their Interest
in the End_? The Reason is in all Probability, because they only
consider their present Gain; and that they are not at all concerned for
the Safety of this Country, in encouraging the most necessary
Undertaking, if they apprehend their Profit for two or three Years may
be lessened by it. This Inclination of the Merchants has been so
notorious, that few Nations at War with their Neighbours, have been able
to restrain them from supplying their Enemies with Ammunition and Arms.
The Count _D'Estrade_, in his Letters in 1638 says, That when the
_Dutch_ were besieging _Antwerp_, one _Beiland_, who had loaded four
Fly-boats with Arms and Powder for _Antwerp_, being taken up by the
Prince of _Orange_'s Order, and examined at _Amsterdam_, said boldly,
_That the Burghers of_ Amsterdam _had a Right to trade every where: That
he could name a Hundred that were Factors for the Merchants at_ Antwerp,
_and that he was one. That Trade cannot be interrupted, and that for his
Part he was very free to own, that if to get any Thing by Trade it were
necessary to pass through Hell, he would venture to burn his Sails_.
When this Principle so common to Merchants, is considered, and that some
in this Place have got Estates by trading many Years to _Canada_, it is
not to be wondered that they have acted as Factors for _Canada_ in this
Affair, and that they have transmitted such Accounts to their
Correspondents in _London_, as are consistent with the Trust reposed in
them by the Merchants of _Canada_.
In the last Place, we are humbly of Opinion, that it may be proper to
print the Petition of the Merchants of _London_, and their Allegations
before the Lords of Trade, together with the Answers your Committee has
made thereto, in Vindication of the Legislature of this Province, of
which we have the Honour to be a Part, if your Excellency shall approve
of our Answers: That what we have said may be exposed to the Examination
of every one in this Place, where the Truth of the Matters of Fact is
best known; and that the Correspondents of these Merchants may have the
most publick Notice to reply, if they shall think it proper, or to
disown in a publick Manner, that they are the Authors of such groundless
Informations.
All which is unanimously and humbly submitted by
_Your Excellency's_
_Most obedient humble Servants_,
_R. Walter_,
_Rip Van Dam_,
_John Barberie_,
_Fr. Harrison_,
_Cadwallader Colden_,
_Ja. Alexander_,
_Abraham van Horn_.
* * * * *
_A Memorial concerning the Furr-Trade of the Province of_
New-York.
_Presented to his Excellency_ William Burnet, _Esq_; _Captain
General and Governor_, &c. _by_ Cadwallader Colden, _Surveyor
General of the said Province_, the 10_th of_ November 1724.
It has of late been generally believed, that the Inhabitants of the
Province of _New-York_ are so advantageously situated, with respect to
the _Indian Trade_, and enjoy so many Advantages as to Trade in
general, that it is in their Power not only to rival the _French_ of
_Canada_, who have almost entirely engrossed the Furr-Trade of
_America_, but that it is impossible for the _French_ to carry on that
Trade in Competition with the People of this Province. The enquiring
into the Truth of this Proposition, may not only be of some Consequence,
as to the Riches and Honour of the _British Nation_, (for it is well
known how valuable the Furr-Trade of _America_ is) but likewise as to
the Safety of all the _British Colonies_ in _North-America_.
_New-France_ (as the _French_ now claim) extends from the Mouth of the
River _Misissippi_, to the Mouth of the River _St. Lawrence_, by which
the _French_ plainly show their Intention of enclosing the _British
Settlements_, and cutting us off from all Commerce with the numerous
Nations of _Indians_, that are every where settled over the vast
Continent of _North-America_. The _English_ in _America_ have too good
Reason to apprehend such a Design, when they see the _French_ King's
Geographer publish a Map, by which he has set Bounds to the _British
Empire_ in _America_, and has taken in many of the _English Settlements_
both in _South-Carolina_ and _New York_, within these Boundaries of
_New-France_. And the good Services they intend us, with the _Indians_,
but too plainly appears at this Day, by the _Indian War_ now carried on
against _New-England_.
I have therefore for some Time past, endeavoured to inform myself, from
the Writings of the _French_, and from others who have travelled in
_Canada_, or among the _Indians_, how far the People of this Province
may carry on the _Indian Trade_, with more Advantage than the _French_
can; or what Disadvantages they labour under, more than the _French_ do.
As all Endeavours for the good of ones Country are excusable, I do not
doubt but my Intention in this will be acceptable to your Excellency,
though I be not capable of treating the Subject as it deserves.
I shall begin with _Canada_, and consider what Advantages they have
either by their Situation, or otherwise. _Canada_ is situated upon the
River of _St. Lawrence_, by which the five great Lakes (which may
properly be called, _The five Inland Seas of North-America_) empty
themselves into the Ocean. The Mouth of this great River is in the Lat.
of 50 Degrees, overagainst the Body of _Newfoundland_. It rises from the
_Cataracui Lake_, (the Eastermost of the five great Lakes) about the
Lat. of 44 Degrees, and runs from thence about North-East to the Ocean,
and is about nine hundred Miles in Length, from that Lake to the Ocean.
The five great Lakes which communicate with each other, and with this
River, extend about one thousand Miles Westward, further into the
Continent. So far the _French_ have already discovered, and their
Discoveries make it probable, that an Inland Passage may be found to the
_South-Sea_, by the Rivers which run into these Lakes, and Rivers which
run into the _South-Sea_.
The Method of carrying Goods upon the Rivers of _North-America_, into
all the small Branches, and over Land, from the Branches of one River to
the Branches of another, was learned from the _Indians_, and is the only
Method practicable through such large Forests and Deserts as the Traders
pass thro', in carrying from one Nation to another, it is this; the
_Indians_ make a long narrow Boat, made of the Bark of the Birch-tree,
the Parts of which they join very neatly. One of these Canoes that can
carry a Dozen Men, can itself be easily carried upon two Men's
Shoulders; so that when they have gone as far by Water as they can
(which is further than is easily to be imagined, because their loaded
Canoes don't sink six Inches into the Water) they unload their Canoes,
and carry both Goods and Canoes upon their Shoulders over Land, into the
nearest Branch of the River they intend to follow. Thus, the _French_
have an easy Communication with all the Countries bordering upon the
River of _St. Lawrence_, and its Branches, with all the Countries
bordering upon these In-land Seas, and the Rivers which empty themselves
into these Seas, and can thereby carry their Burdens of Merchandize
thro' all these large Countries, which could not by any other means than
Water-carriage be carried thro' so vast a Tract of Land.
This, however, but half finishes the View the _French_ have, as to their
Commerce in _North-America_. Many of the Branches of the River
_Misissippi_ come so near to the Branches of several of the Rivers which
empty themselves into the great Lakes, that in several Places there is
but a short Land-Carriage from the one to the other. As soon as they
have got into the River _Misissippi_, they open to themselves as large a
Field for Traffick in the southern Parts of _North-America_, as was
before mentioned with respect to the northern Parts. If one considers
the Length of this River, and its numerous Branches, he must say, _That
by means of this River, and the Lakes, there is opened to his View such
a Scene of inland Navigation as cannot be parallel'd in any other Part
of the World_.
The _French_ have, with much Industry, settled small Colonies, and built
stockaded Forts at all the considerable Passes between the Lakes, except
between _Cataracui Lake_ (called by the _French Ontario_) and _Lake
Erie_, one of our Five Nations of _Indians_, whom we call _Sennekas_,
(and the _French Sonontouans_) having hitherto refused them leave to
erect any Buildings there.
The _French_ have been indefatigable in making Discoveries, and carrying
on their Commerce with Nations, of whom the _English_ know nothing but
what they see in the _French_ Maps and Books. The Barrenness of the
Soil, and the Coldness of the Climate of _Canada_, obliges the greatest
number of the Inhabitants to seek their living by travelling among the
_Indians_, or by trading with those that do travel. The Governor, and
other Officers, have but a scanty Allowance from the King, and could not
subsist were it not by the Perquisites they have from this Trade;
neither could their Priests find any means to satisfy their Ambition and
Luxury without it: So that all Heads and Hands are employ'd to advance
it, and the Men of best Parts think it the surest way to advance
themselves by travelling among the _Indians_, and learning their
Languages; even the Bigotry and Enthusiasm of some hot Heads has not
been a little useful in advancing this Commerce; for that Government
having prudently turn'd the Edge of the Zeal of such hot Spirits upon
converting the _Indians_, many of them have spent their Lives under the
greatest Hardships, in endeavouring to gain the _Indians_ to their
Religion, and to love the _French Nation_, while, at the same time, they
are no less industrious to represent the _English_ as the _Enemies of
Mankind_. So that the whole Policy of that Government, both civil and
religious, is admirably turn'd to the general Advancement of this Trade.
Indeed the Art and Industry of the _French_, especially that of their
religious Missions, has so far prevail'd upon all the _Indians_ in
_North-America_, that they are every where directed by _French
Councils_. Even our own _Five Nations_, (the _Iroquois_) who formerly
were mortal Enemies of the _French_, and have always liv'd in the
strictest Amity with the _English_, have, of late, (by the Practices of
the _French Priests_) been so far gain'd, that several of the _Mohawks_,
who live nearest the _English_, have left their Habitations, and are
gone to settle near _Monreal_ in _Canada_; and all the rest discover a
Dread of the _French Power_. That much of this is truly owing to the
_Priests_, appears from many of the Sachems of the _Iroquois_ wearing
Crucifixes when they come to _Albany_: And those _Mohawk Indians_ that
are gone to _Canada_, are now commonly known, both to the _French_ and
_English_, by the Name of _The Praying Indians_, it being customary for
them to go through the Streets of _Monreal_ with their Beads, praying
and begging Alms.
But notwithstanding all these Advantages, the _French_ labour under
Difficulties that no Art or Industry can remove. The Mouth of the River
of _St. Lawrence_, and more especially the Bay of _St. Lawrence_, lies
so far North, and is thereby so often subject to tempestuous Weather and
thick Fogs, that the Navigation there is very dangerous, and never
attempted but during the Summer Months. The Wideness of this Bay,
together with the many strong Currents that run in it, the many Shelves,
and sunken Rocks that are every where spread over both the Bay and
River, and the want of Places for anchoring in the Bay, all increase the
Danger of this Navigation; so that a Voyage to _Canada_ is justly
esteem'd much more dangerous than to any other Part of _America_. The
many Shipwrecks that happen in this Navigation, are but too evident
Proofs of the Truth of this, particularly the Miscarriage of the last
Expedition against _Canada_. The Channel is so difficult, and the Tides
so strong, that after their Shipping get into the River, they never
attempt to sail in the Night, tho' the Wind be fair, and the Weather
good. These Difficulties are so considerable, that the _French_ never
attempt above one Voyage in a Year to _Europe_, or the _West-Indies_,
tho' it be really nearer _Europe_ than any of the _English Colonies_,
where the Shipping that constantly use the Trade, always make two
Voyages in the Year.
The Navigation between _Quebeck_ and _Monreal_ is likewise very
dangerous and difficult: The Tide rises about 18 or 20 Feet at
_Quebeck_, which occasions so strong a Stream, that a Boat of six Oars
cannot make way against it: The River in many Places very wide, and the
Channel at the same time narrow and crooked; there are many Shelves and
sunken Rocks, so that the best Pilots have been deceived; for which
reason the Vessels that carry Goods to _Monreal_ are always obliged to
anchor before Night, tho' both Wind and Tide be fair. The Flood goes no
further than _Trois Rivieres_, half way to _Monreal_, and about ninety
Miles from _Quebeck_: After they pass this Place they have a strong
Stream always against them, which requires a fair Wind and a strong Gale
to carry the Vessels against the Stream. And they are obliged in this
Part of the River, as well as under the _Trois Rivieres_, to come to an
anchor at Night, though the Wind be good. These Difficulties make the
common Passages take up three or four Weeks, and sometimes six Weeks;
tho' if they have the chance of a Wind to continue so long, they may run
it in five or six Days.
After they pass _Monreal_ they have a strong Stream against them till
they come near the Lakes; so that in all that, which is about one
hundred and fifty Miles in Length, they force their Canoes forward with
setting Poles, or drag them with Ropes along shoar; and at five or six
different Places in that way the River falls over Rocks with such Force,
that they are obliged to unload their Canoes, and carry them upon their
Shoulders. They never make this Voyage from _Monreal_ to _Cataracui_ in
less than twenty Days, and frequently, twice that Time is necessary.
Now we are come so far as the Lake, my Design leads me no further, for
at this Lake all the far _Indians_, that go to _Canada_, must pass by
our Traders. And from thence the Road to the _Indian Countries_ is the
same from _Albany_ that it is from _Monreal_.
Besides these Difficulties in the Transportation, the _French_ labour
under greater in the purchasing of the principal Goods proper for the
_Indian Market_; for the most considerable and most valuable Part of
their Cargo consists in _Strouds, Duffils, Blankets_, and other
_Woollens_, which are bought at a much cheaper Rate in _England_ than in
_France_. The _Strouds_ (which the _Indians_ value more than any other
Cloathing) are only made in _England_, and must be transported into
_France_ before they can be carried to _Canada_. _Rum_ is another
considerable Branch of the _Indian Trade_, which the _French_ have not,
by reason they have no Commodities in _Canada_ fit for the _West India_
Market. This they supply with _Brandy_, at a much dearer Rate than Rum
can be purchased at _New-York_, tho' of no more Value with the
_Indians_. Generally, all the Goods used in the _Indian Trade_, except
_Gun-Powder_, and a few Trinkets, are sold at _Monreal_ for twice their
Value at _Albany_. To this likewise must be added, the necessity they
are under of laying the whole Charge of supporting their Government on
the _Indian Trade_. I am not particularly informed of their Duties or
Imposts, but I am well assured, that they commonly give six or seven
hundred Livres for a Licence for one Canoe, in proportion to her
Largeness, to go with her Loading into the _Indian Country_ to trade.
I shall next consider the Advantages the Inhabitants of _New-York_ have
in carrying on this Trade. In the _first_ place, the Ships that
constantly use the Trade to _England_, perform their Voyage to and from
_London_ twice every Year; and those that go to _Bristol_ (the Port from
whence the greatest part of the Goods for the _Indian Trade_ are
exported) frequently return in four Months. These Goods are bought much
cheaper in _England_ than in _France_: They are transported in less
Time, with less Charge, and much less Risque, as appears by the _Premio_
for Insurance between _London_ and _New-York_, being only _Two per
Cent_. Goods are easily carried from _New-York_ to _Albany_, up
_Hudson's River_, the Distance being only 140 Miles, the River very
strait all the way, and bold, and very free from Sandbanks, as well as
Rocks; so that the Vessels always sail as well by Night as by Day, and
have the Advantage of the Tide upwards as well as downwards, the Flood
flowing above _Albany_. It may therefore be safely concluded, that all
sorts of Goods can be carried to _Albany_ at a cheaper Rate than they
can be to _Quebeck_, which is also three times further from the _Indian
Country_ than _Albany_ is. To put the Truth of this out of all dispute,
I need only observe what is well known both at _New-York_ and _Albany,
viz_. That almost all the Strouds carried by the _French_ into the
_Indian Countries_, as well as large Quantities of other Goods, for the
Use of the _French_ themselves, are carried from _Albany_ to _Monreal_.
There has been an Account kept of nine hundred Pieces of Strouds
transported thither in one Year, besides other Commodities of very
considerable Value. The Distance between _Albany_ and _Monreal_ is about
two hundred Miles, all by Water, except twelve Miles between _Hudson's
River_ and the _Wood-Creek_, where they carry their Bark Canoes over
Land, and about sixteen Miles between _Chambly_ and _La Prairie_,
overagainst _Monreal_. And tho' the Passage be so short and easy, these
Goods are generally sold at double their Value in _Albany_.
But as this Path has been thought extremely prejudicial to the Interest
of this Colony, I shall leave it, and go on to another, that leads
directly from _Albany_ into the _Cataracui_ or _Ontario Lake_, without
going near any of the _French_ Settlements.
From _Albany_ the _Indian Traders_ commonly carry their Goods sixteen
Miles over Land, to the _Mohawks River_ at _Schenechtady_, the Charge of
which Carriage is _Nine Shillings New-York_ Money, or _Five Shillings
Sterling_ each Waggon-Load. From _Schenechtady_ they carry them in
Canoes up the _Mohawks River_, to the Carrying-place between the
_Mohawks River_, and the River which runs into the _Oneida Lake_; which
Carrying-place between is only three Miles long, except in very dry
Weather, when they are obliged to carry them two Miles further. From
thence they go with the Current down the _Onondaga River_ to the
_Cataracui Lake_. The Distance between _Albany_ and the _Cataracui Lake_
(this Way) is nearly the same with that between _Albany_ and _Monreal_;
and likewise with that between _Monreal_ and the _Cataracui Lake_, and
the Passage much easier than the last, because the Stream of the
_Mohawks River_ is not near so strong as the _Cataracui River_ between
the _Lake_ and _Monreal_, and there is no Fall in the River, save one
short one; whereas there are (as I have said) at least five in the
_Cataracui River_, where the Canoes must be unloaded. Therefore it
plainly follows, that the _Indian Goods_ may be carried at as cheap a
Rate from _Albany_ to the _Cataracui Lake_, as from _Albany_ to
_Monreal_. So that the People of _Albany_ plainly save all the Charge of
carrying Goods two hundred Miles from _Monreal_ to that Part of the
_Cataracui Lake_, which the _French_ have to carry before they bring
them to the same Place from _Monreal_, besides the Advantage which the
_English_ have in the Price of their Goods.
I have said, That when we are in the _Cataracui Lake_, we are upon the
Level with the _French_, because here we can meet with all the _Indians_
that design to go to _Monreal_. But besides this Passage by the _Lakes_,
there is a River which comes from the Country of the _Sennekas_, and
falls into the _Onondaga River_, by which we have an easy Carriage into
that Country, without going near the _Cataracui Lake_. The Head of this
River goes near to _Lake Erie_, and probably may give a very near
Passage into that Lake, much more advantageous than the Way the _French_
are obliged to take by the great Fall of _Jagara_, because narrow Rivers
are much safer for Canoes than the Lakes, where they are obliged to go
ashore if there be any Wind upon the Water. But as this Passage depends
upon a further Discovery, I shall say nothing more of it at this time.
Whoever then considers these Advantages _New-York_ has of _Canada_, in
the first buying of their Goods, and in the safe, speedy, and cheap
Transportation of them from _Britain_ to the _Lakes_, free of all manner
of Duty or Imposts, will readily agree with me, that the Traders of
_New-York_ may sell their Goods in the _Indian Countries_ at half the
Price the People of _Canada_ can, and reap twice the Profit they do.
This will admit of no Dispute with those that know that Strouds (the
Staple _Indian Commodity_) this Year are sold for _Ten Pounds_ apiece at
_Albany_, and at _Monreal_ for _Twenty-five Pounds_, notwithstanding the
great Quantity of Strouds said to be brought directly into _Quebeck_
from _France_, and the great Quantities that have been clandestinely
carried from _Albany_. It cannot therefore be denied that it is only
necessary for the Traders of _New-York_ to apply themselves heartily to
this Trade, in order to bring it wholly into their own Hands; for in
every thing besides Diligence, Industry, and enduring Fatigues, the
_English_ have much the Advantage of the _French_. And all the _Indians_
will certainly buy, where they can, at the cheapest Rate.
It must naturally be objected, _That if those things are true, how is it
possible that the Traders of_ New-York _should neglect so considerable
and beneficial Trade for so long time?_
In answering this Objection, I shall show the Difficulties _New-York_
has labour'd under, by giving a short History of the Country, so far as
it relates to this Trade. Which Method, I think, can be liable to the
least Objection, and put the whole in the truest Light.
When this Country (the Province of _New-York_) came first under the
Crown of _Great-Britain_, our _Five Nations_ of _Indians_ were mortal
Enemies of the _French_ at _Canada_, and were in a continual War with
them, and all the _Nations_ of _Indians_ round the Lakes; so that then
it was not safe for the _English_ to travel further than the Countries
of the _Five Nations_; nor would our _Indians_ permit the far _Indians_
(with whom they had constant War) to pass thro' their Countries to
_Albany_. Besides, the _Five Nations_ of _Indians_ were at that time so
numerous, (consisting of ten times the Number of fighting Men they now
do) that the Trade with them alone was very considerable for so young
and small a Colony. In the latter End of King _Charles_'s Reign, when
the _Duke of York_, and _Popish Councils_ prevail'd, the Governor of
_New-York_ (who was likewise a _Papist_) had Orders to use all his
Endeavours to make up a Peace between our Nations (the _Iroquois_) and
the _French_; and that he should persuade the _Five Nations_ to admit
_French Priests_ among them, in order to civilize them. The Consequence
of which was, that the _French_ thereby obtained a free Commerce upon
the _Lakes_, and obtain'd leave to build _Cataraqui Fort_ upon the
North-side of _Cataracui Lake_, and have two Vessels of Force upon the
same Lake. From this Time, during all King _James_'s Reign, the
_French_, whenever they had any Differences with our _Five Nations_,
threaten'd, that the _English_ of _New-York_ would join with them, and
destroy the _Five Nations_; by which, and the Practices of the _French
Priests_, our _Five Nations_ became very much alienated in their
Affections from the _English_, and look'd upon them as a People
depending upon the _French_. The Consequences of this appeared so
dangerous to Colonel _Dungan_, the Governor of _New-York_, (though, as I
have said, a _Papist_) that he again and again complain'd to his Master
of the ill Offices the _French Priests_ did the _English_ among _our
Nations_. When the _English_ had thus procur'd a Peace for the _French_,
they thought they might justly reap some Advantage from it; and it's
hardly to be doubted but that they had Promises of that kind. They were
therefore encouraged to send forty Men, with great Quantities of Goods,
into the _Lakes_, under the Command of Major _McGregory_, to trade with
the far _Nations_. At this time Mr. _Denonville_, Governor of _Canada_,
was gathering together all the Force of _Canada_, and of the _Indians_,
(Enemies of the _Five Nations_) in order to surprize the _Five Nations_,
and destroy them, at the Time they thought themselves secure by the
Peace so lately made. Major _McGregory_, and his Company, were met by a
_French_ Officer on _Lake Erie_, coming with a great Number of Men to
the general Rendezvous of the _French_, and he, with all the _English_,
were made Prisoners. They were used with such Severity as has never been
practis'd between _Christian Nations_ in open War, tho' the two Crowns,
at that time, were not only at Peace, but under the strictest Ties of
mutual Friendship; for the _French_ used these People as Slaves in
building _Cataraqui Fort_, and a poor _Frenchman_ that had conducted
them, was publickly shot to Death, as if he had brought an Enemy into
their Country. Such was their Apprehensions then of the _English_
getting any Footing among the _Indians_.
The _French_ Governor surprized a Village of the _Five Nations_, who, on
the _French_ Faith, liv'd in great Security, but seven or eight Leagues
from the _French_ Fort, and sent these miserable People to the Galleys
in _France_. He afterwards fell upon the _Sennekas_, and burnt their
Villages, but without any Advantage to the _French_, they having lost
more Men than the _Indians_ did. This renew'd the War with greater Fury
than ever, between the _French_ and _our Indians_. For some time
afterwards, _our Indians_, in a great Body, fell upon the Island of
_Monreal_, while Mr. _Denonville_ was in the Town: They burnt and
destroy'd all the Villages and Houses round _Monreal_, and kill'd some
hundreds of Men, Women, and Children. Afterwards they came into the
open Fields before _Monreal_, and there defy'd the _French_ Governor,
who did not think it proper to fight them. And when they had done all
the Mischief they could, they retir'd without any Loss.
About this Time the Revolution happen'd in _Great-Britain_, which was
succeeded by a War between _Great-Britain_ and _France_. In _February_,
1689/90, a Party of three hundred Men, consisting of equal Numbers of
_French_ and _Indians_, surprized _Schenechtady_ in the Night-time, when
the poor People were in their Beds, in the greatest Security, where they
barbarously murdered sixty-three Men, Women, and Children, in cold
Blood, laid the Village in Ashes, and then retir'd, without reaping any
other Advantage besides this cruel Revenge on innocent People, for the
Mischief _our Indians_ had done them. This rais'd a cruel War between
the two Colonies, in which there was much Mischief done, and Blood shed,
without any Advantage to either side.
In Time of this War, the _most Christian King's_ Governor of _Canada_
was so much provoked, that he thought fit to follow the Example of our
barbarous _Indians_, and burn his _Indian Prisoners_ alive, in the most
cruel Manner, in sight of all the Inhabitants of _Quebeck_, and to
deliver up the _English Prisoners_ to the _French Indians_, who indeed
had more Mercy, for they kill'd none of them.
King _William_'s Peace put an End to this War; but the Peace lasted so
short a while, that the People of this Province hardly had time to
re-settle their Farms on the Frontiers, which they had deserted in the
Time of the War, much less to adventure trading in the _Indian
Countries_, so lately the Scene of so much Cruelty. But both Colonies
having now an Abhorrence of the Cruelties of the last War, agreed on a
kind of Neutrality for the _Indians_, during Queen _Anne_'s War, in
which Time we lost much ground with our own _Indians_: For the _French_
having learn'd, by dear Experience, that it was not possible for them
to conquer _our Five Indian Nations_, resolv'd to try all Means to gain
their Affections, and in this Art the _French_ are always more
successful than in that of War; and the _English_ failing in two
ill-concerted Expeditions against _Canada_, the _Indians_ lost much of
the Opinion they had of the _English_ Power and Valour.
In Time of this last War, the clandestine Trade to _Monreal_ began to be
carried on by _Indians_, from _Albany_ to _Monreal_. This gave Rise to
the _Kahnuaga_, or _Praying Indians_, who are entirely made up of
Deserters from the _Mohawks_ and _River Indians_, and were either
enticed thither by the _French Priests_, or by our Merchants, in order
to carry Goods from _Albany_ to _Monreal_, or run away for some Mischief
done here. These _Indians_ now consist of about eighty fighting Men, and
live about four Leagues above _Monreal_: They neither plant nor hunt,
but depend chiefly upon this private Trade for their Subsistence. These
_Indians_, in time of War, gave the _French_ Intelligence of all Designs
here against them: By them likewise the _French_ engaged our _Five
Nations_ in a War with the _Indians_ Friends of _Virginia_, and from
them we might expect the greatest Mischief in Time of War, seeing every
Part of the Province is as well known to them as to any of the
Inhabitants. But if this Trade was entirely at an end, we have reason to
believe, that these _Indians_ would return to their own Tribes, for they
then could not long subsist where they now are.
As soon as the Peace was proclaim'd, an open Trade with _Monreal_ was
carried on with such Earnestness, that _Monreal_ was fill'd with _Indian
Goods_, and _Albany_ exhausted; by which means _Monreal_ became the
principal, if not the only _Indian Market_, and the _Indians_ depended
entirely on the _French_ for what they wanted.
Our Merchants were fond of the _Canada_ Trade, because they sold large
Quantities of Goods without any Trouble, the _French_ taking them from
their Doors; whereas the Trade with the _Indians_ is carried on with a
great deal of Toil and Fatigue; and as to the Interest of the Country,
they either never thought any thing about it, or if they did, had no
regard to it.
* * * * *
Now I have brought this Account to the Time your Excellency arriv'd;
what has happen'd since, your Excellency knows better than I can by any
means inform you. From the whole, it seems plain, that any Difficulties
and Disadvantages this Province has been under, have only proceeded from
the Wars, which have continued since the first settling of the Province,
to the beginning of the last general Peace. But now, that not only _this
Province_, but likewise our _six Nations_ of _Indians_ are at Peace, and
in Amity, both with the _French_, and all the _Indian Nations_ with whom
we can have any Commerce, these Difficulties are all remov'd, and we now
enjoy the most favourable Time, that at any time can be hoped for, in
order to extend the _British Commerce_ in _North-America_, while the
_French_ not only labour under the Difficulties which I have shown to be
inseparable from the Situation of their Colony, but likewise under
another Disadvantage, (not before taken notice of) by the Furr-Trade of
_Canada_ being restrain'd to one Company. This Company is obliged to pay
heavy Duties in _France_ upon the Importation of Beaver, or any other
Furr; for which reason they always fix a Price upon Beaver, and their
other Furrs, in _Canada_; and the _Indian Traders_ of _Canada_ being
restrain'd from selling to any but the Company's Agents there, they
cannot raise the Price of _Indian Goods_ as the Price of _European_
rise, or as their Profit on the Goods they sell to the _Indians_ is
lessen'd.
The Merchants of _New-York_ allow our _Indian_ Traders double the Price
for Beaver, that the _French_ Company allow their _Indian_ Traders, the
Price established by the Company for Beaver, in _Canada_, being two
Livres, or _eighteen Pence Sterling_, the Pound-weight; and the current
Price of Beaver in _New-York_ being _five Shillings New-York_ Money, or
_three Shillings Sterling_ the Pound-weight. Therefore it plainly
follows, that our _Indian Traders_ could under-sell the _French
Traders_, tho' they were to give as great a Price for _European Goods_
as the _French_ do, and did transport them at as great Charge, because
of the double Price they have for their Furrs in _New-York_.
But as our _Indian Traders_ not only have a double Price for their
_Indian Goods_, but likewise buy the Goods they sell to the _Indians_,
at half the Price the _French Indian Traders_ do, the _French Traders_
must be ruin'd by carrying on this Trade, in Competition with the
_English_ of _New-York_. And the _French Indian Traders_ had been ruin'd
before now, if they had not found means to carry their Beaver to
_Albany_, where they got double the Price they must have sold for in
_Canada_.
It may be objected, against this Argument, _That the_ Canada _Company as
soon as they find that the Traders cannot sell at their established
Price, will allow a greater Price_. But if we consider the Duties the
_French Company_ is obliged to pay to the King, they cannot allow so
great a Price as the _English_ can at _New-York_. And if it should be
insisted, _That the_ French Company _may obtain a Remission of those_,
yet if the clandestine Trade with _Albany_ be entirely stopt, the
_French Traders_ will be ruin'd before such Remission can be obtain'd,
and their Trade will be at an end.
* * * * *
My Inclination led me to show what Advantages not only the _Indian
Trade_ would reap by extending our Frontiers as far as the Lakes, but
likewise the _British Trade_ in some other Branches, which the
Parliament of _Great Britain_ seem to have much at heart, _viz. Naval
Stores_; for the Soil on both Sides of the _Mohawks River_ being as rich
as it is possible (I believe) for any Land to be, will be found the most
proper for raising of Hemp, of any Part of _America_, and the whole
Country round it being full of the largest Pines, the royal Navy is as
likely to be well provided with Masts there, and at as cheap a rate as
any where else. But I have already too far presum'd on your Excellency's
Patience.
_Cadwallader Colden_.
* * * * *
To this it may not be improper to add the following Original Letter.
_From_ J. A. _Esq; to Mr_. P. C. _of_ London, _shewing the
Success of the Measures taken at that Time_.
_New-York_, 1740.
_S I R_,
If you should be at the Pains to read these printed Papers, it will be a
Pleasure to you to hear of the Success of the Measures taken by Governor
_Burnet_ for redeeming the _Indian_ Trade out of the Hands of the
_French_. He has succeeded far above our Expectations.
Governor _Burnet_, through his earnest Application, and at first chiefly
with his Money, Credit, and Risque, erected a Trading-House and
Fortification at the Mouth of the _Onondagues_ River, called _Osneigo_,
where the Province of _New-York_ supports a Garrison of Soldiers,
consisting of a Lieutenant and twenty Men, which are yearly relieved.
At this Place a very great Trade is carried on with the remote
_Indians_, who formerly used to go down to the _French_ at _Monreal_,
and there buy our _English_ Goods, at second Hand, at above twice the
Price they now pay for them at _Osneigo_; whilst, at the same time, the
_French_ were chiefly supplied by one Gentleman at _New-York_, who
almost entirely engrossed the _Indian_ Trade of this Province, and
thereby acquired a very great Estate and Influence. But the prudent
Steps taken by our late worthy Governor, to open a free Trade, was the
Cause of the Engrosser's losing his.--The Probability of doing this, was
the principal Motive of our applying to the King, which is shown by
these printed Papers.
The _Indian_ Trade, to the great Advantage of this Province, is now
divided into several hundred Hands, and there have been for many Years
past upwards of one hundred young Men of this Province, who have gone
yearly among the _Indians_, to supply them with our Goods.
By this means, at a modest Estimate, I am assured, that the _Indian_
Trade of this Province is now far above five times as much as when
Governor _Burnet_ began to put his Scheme in execution.
And this is not all the Advantages reaped thereby, but a much more
considerable one to this, and all the other _English_ Colonies is, that
not only our own six Nations, but also many far and remote _Indian_
Nations are drawn off from their Dependance on the _French_, and made,
by Trade and Intercourse, dependant on the _English_; by this means a
great Security and Protection is acquired by the _English_, in case of a
War with _France_; and by this Trade our Settlements in this Province
are extended up to the _Onondagues_ Carrying-place, which is now well
attended with Waggons, for the more commodious transporting of Goods to
trade in the Lakes.
And they are now settling on the Branches of _Sasquehanah_ River; and
from the western Branches of this River, there is but a small
Land-Carriage to _Allegheny_, a Branch of that great River _Misissippi_;
which Branch extending a thousand Miles from its Mouth, where it enters
the said River; and which joins so near to our Settlements, as is above
taken notice of, opens us a Trade to that vast Country, called by the
_French Louisiana_, which they possess on the _Misissippi_.
I am,
S I R,
_Your humble Servant_,
J. A.
[Illustration]
T H E
=T R E A T Y=
H E L D W I T H T H E
_I N D I A N S_
O F T H E
S I X N A T I O N S,
A T
_P H I L A D E L P H I A_,
In _J U L Y_, 1742.
T H E T R E A T Y, &c.
The Deputies of the six Nations having, at their last Visit, agreed to
release their Claim to all the Land on both Sides of the River
_Sasquehanah_, as far South as this Province extends, and to the
Northward to those called the _Endless Mountains_, or _Kittochtinny
Hills_; in Consideration whereof, they then received a large Quantity of
valuable _Indian_ Goods for the Lands situate on the Eastern Side of the
said River, but declined at that Time to receive any for those on the
Western Side of the said River, chusing to defer the same till another
Visit; a large Number arrived from these Nations at _Philadelphia_, on
_Wednesday_ the 30th of _June_, with Deputies duly impowered to
receive the said Goods; and acquainted the Governor, that being weary
from the Fatigue of their long Journey, they should crave three or four
Days to rest themselves before they proceeded to their Business: In the
mean time they would wait on the Governor to discourse, according to
their usual Method, about News and other Occurrences; which the Governor
readily agreed to, and ask'd them when they would chuse to pay their
first Visit; which they desiring might be on _Friday_ the 2d of _July_,
in the Afternoon, the Council was accordingly summon'd, and met at Mr.
_Logan_'s House, where were
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, }
_Samuel Hasell_, }
_Abraham Taylor_, } Esqrs;
_Samuel Preston_, }
_Thomas Lawrence_, }
_Ralph Asheton_, }
_Robert Strettell_, }
The Chiefs of the _Six Nations_, with the Chiefs of the _Shawanese_.
_C A N A S S A T E E G O_, the _Onondago_ Chief, Speaker.
_C O N R A D W E I S E R_, Interpreter.
The Governor opened the Conference as follows.
'_B R E T H R E N_,
'The Proprietor having purchased certain Lands from your Nations
about six Years ago, a Moiety of what was agreed to be given in
Consideration of that Purchase was at that Time delivered to
them, and the other being at their Desire left in the
Proprietor's Hands, he pressed you by _Shikalamy_ to send last
Year for it, and would have been glad to have seen you, and
taken you by the Hand before his Departure. But as the Design of
this Meeting is to hear your News, and converse together in a
free and friendly Manner, I shall say no more about the Goods
than that they lie ready at the Proprietor's House, and will be
delivered when you shall have sufficiently rested from the
Fatigue of your Journey.'
The Chief of the _Onondagoes_ spoke.
'_B R E T H R E N_,
'We propose to rest four Days, and then come to the main
Business. At present we are at a private Conference about News,
and have something of this sort to mention to our Brother
_Onas_.' And on the Governor's signifying they would be glad to
know what it was, the Chief proceeded.
'_B R E T H R E N_,
'It is our Way when we come to our Brethren, or any other
Persons, whom we live in strict Friendship with, to remove all
Obstructions to a good Understanding; with this View we are to
inform you of a Piece of disagreeable News that happen'd in our
Journey.----Some White People living at a Place called
_Conegocheegoe_, whose Names we cannot tell, nor whether they
belong to this or the neighbouring Government, but one of them,
as we heard, had his House burnt over his Head some Years ago,
and he was brought down a Prisoner and committed to the Goal of
this City: These People lighting of our young Warriors, as they
were hunting, made some Proposals about the Purchasing of Land
from them, and our young Men being indiscreet, and unacquainted
with publick Business, were foolish enough to hearken to them,
and to receive five Duffil Strowds for two Plantations on the
River _Cohongoronto_. A _Conestogoe Indian_, and a _French
Indian_, and some others that were in Company, had three Duffil
Strowds, and went away with them; and our young Men carried off
the other two. As soon as this came to our Knowledge, we sent
for our Warriors, and after examining and rebuking them
severely, we took away their two Strowds, and publickly censured
them for exposing us to our Brethren of _Pensylvania_, in doing
a Thing so inconsistent with our Engagements to them; "You are,
said we aloud, that all our People might hear and take Notice,
to know and remember, that the Six Nations have obliged
themselves to sell none of the Land that falls within the
Province of _Pensylvania_, to any other but out Brother _Onas_,
and that to sell Lands to any other is an high Breach of the
League of Friendship." Brethren, this rash Proceeding of our
young men makes us ashamed. We always mean well, and shall
perform faithfully what we have promised: And we assure you,
this Affair was transacted in the Manner we have related,
without our Privity or Consent. And that you may be fully
convinced of this, and of the Sincerity of our Intentions, we
have brought you these two Strowds [_here he presented two red
Strowds to the Governor_] they are the very Strowds our foolish
young Men received; we took them from them, and we give them to
you to return to those white People who made the Bargain, and
desire when the Strowds are returned to them, they may be told
what we now say, and that we shall not confirm such Bargains,
nor any other that may interfere with our Engagements to our
Brother _Onas_.'
The Governor then spoke:
'_B R E T H R E N_,
'I thank you for this Piece of News; you have taken this Matter
perfectly right. All Bargaining for Land within this Province,
is, to be sure, a manifest Breach of your Contract with the
Proprietors, and what we know you will not countenance. We have
hitherto found the _Six Nations_ faithful to their Engagements,
and this is a fresh Instance of their Punctuality. You could not
help these Mistakes of your young Men; they were not done in
your Presence: But as several Inconveniencies may arise from
these kind of clandestine Sales, or from any such loose Sales of
Land by your People, we desire you will, on your Return home,
give publick Notice to all your Warriors not to bargain for any
Land; or if they do, that you will not confirm such Bargains;
and that this very Affair, together with what you have done
therein, may be particularly reported to all your Nation
assembled in Council.'
The _Onondago_ Chief promised to give such publick Notice; and desiring
Liberty to mend his former Speech, he proceeded:
'_B R E T H R E N_,
'I forgot one Circumstance: Our People, who pretended to sell
the Land, demanded a Belt of Wampum of the Buyers to carry to
their Chiefs; and on their declaring they had no Wampum, our
Warriors said, they would not answer that their Chiefs would
confirm this Bargain, since they never did any thing of this
Nature without Wampum.'
The Governor, after a short Pause, spoke:
'_B R E T H R E N of the Six Nations_,
'I take this Opportunity to relate to you a Piece of
disagreeable News I received some Days ago in a Letter from _Le
Tort_, the _Indian_ Trader, at _Allegheny_, who says, "That in
_May_ last some _Indians_ of the _Taway_ Nation, supposed by us
to be the _Twightwees_, in their Return from War, called and
staid some Time with the _Shawanese_; who being asked, and
denying they had brought either Scalps or Prisoners, the
_Shawanese_ suspecting them, had the Curiosity to search their
Bags, and finding two Scalps in them, that by the Softness of
the Hair did not feel like _Indian_ Scalps, they wash'd them
clean, and found them to be the Scalps of some Christians. On
this Discovery, the _Twightwees_ were so much ashamed, that they
stole away from their Town in the Night-time; and coming, as
they afterwards understood, to a little Village belonging to
the _Shawanese_, they told our People that their Hearts were
full of Grief; for, as they came along the Road, they found it
all bloody; and having good Cause to believe it was made bloody
with the Blood of some of the white Brethren, they had very
sorrowfully swept the Road; and desired them to inform the
Governor of _Pensilvania_ of their (the _Twightwees_) Grief; and
how they had swept the Road clean." '_Le Tort_ adds, on Behalf
of the _Shawanese_,' "That they were much grieved at this
unfortunate Accident; and prayed, as they had no Concern in it,
more than by being Instruments to discover it, their Brethren
would not blame them, nor suffer a Misunderstanding to arise
between them on this Account: They would sweep the Road clean,
and wipe all the Blood away; and desired their Brethren would be
satisfied with this, and not weep too much for a Misfortune that
might not happen again as long as the Sun and Moon shone."
'The Person who delivered me _Le Tort_'s Letter, brought this
Bundle of Skins as a Present to me; but I told the Messenger, I
would not meddle with it; he might leave it if he pleased: The
Affair appear'd to me in a bad Light, and I would represent it
to the _Six Nations_, who were expected in Town every Day. This
is the Fact, as I have it from _Le Tort_: I desire to be
inform'd if you know any thing of this Matter; and if you do
not, that you will make diligent Enquiry who committed the
Murder, and who are the unhappy Sufferers, and assist us to
obtain Satisfaction, if it shall appear to be any, of our
Fellow-Subjects that have been treated in this Manner.'
_To inforce this Request, I present you with this String of
Wampum_.
The _Onondago_ Chief, in Reply, said:
'_B R E T H R E N_,
'We take this Information kindly at your Hands; we will take
this String of Wampum home with us to our Lodgings, and there
consult about the most regular and proper Steps to be taken by
us to answer your Expectations, and when we have duly considered
the Matter, we will return you an Answer.'
Upon this the Governor put an End to the Conference; and calling for
Wine, and other Liquors, according to the _Indian_ Custom, after a
decent and chearful Entertainment, the _Indians_ withdrew.
* * * * *
At a C O U N C I L held at the Proprietor's House, _July_ 5, 1742.
P R E S E N T
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, } Esqrs;
With several Gentlemen of the Town.
_The Chiefs of the Six Nations_.
It being judg'd proper, at this critical Time, when we are in daily
Expectation of a _French_ War, to sound the _Indians_, and discover what
Dependance we might have on them, in case their Aid should be wanted, an
handsome Dinner was provided for their Chiefs; and after they had made
an hearty Meal, and drank his Majesty's Health, the Proprietors, and the
Health of the _Six Nations_, the Chiefs gave the solemn Cry, in
Testimony of their Thanks for the Honour done them. And soon after the
Governor began, in a free Way, to enquire for what Reason the _Senecas_
were not come down, since they had an equal Share of the Goods with the
other Nations.----_Canassateego_, their Speaker, said, 'The _Senecas_
were in great Distress, on Account of a Famine that raged in their
Country, which had reduced them to such Want, that a Father had been
obliged to kill two of his Children to preserve his own, and the rest of
his Family's Lives; and they could not now come down, but had given
Directions about their Share of the Goods.'----The Governor express'd
his Concern for the unhappy Circumstances of their Brethren of the
_Seneca_ Nation; and, after a short Respite, enquired if any of their
Deputies were then at _Canada_, and whether the _French_ Governor was
making any warlike Preparations. And on their answering _Yes_, the
Governor said, with a smiling, pleasant Countenance, 'I suppose, if the
_French_ should go to War with us, you will join them.' The _Indians_
conferr'd together for some Time, and then _Canassateego_, in a chearful
lively Manner, made answer.----'We assure you, the Governor of _Canada_
pays our Nations great Court at this Time, well knowing of what
Consequence we are to the _French_ Interest: He has already told us, he
was uncovering the Hatchet, and sharpening it, and hoped, if he should
be obliged to lift it up against the _English_, our Nations would remain
neuter, and assist neither Side.----But we will now speak plainly to our
Brethren: Why should we, who are one Flesh with you, refuse to help you,
whenever you want our Assistance?----We have continued a long Time in
the strictest League of Amity and Friendship with you, and we shall
always be faithful and true to you our old and good Allies.----The
Governor of _Canada_ talks a great deal, but ten of his Words do not go
so far as one of yours.----We do not look towards them; we look towards
you; and you may depend on our Assistance.' Whilst the _Onondago_ Chief
made this open and hearty Declaration, all the other _Indians_ made
frequently that particular Kind of Noise which is known to be a Mark of
Approbation.----The Governor bid the Interpreter tell _Canassateego_,
'He did not set on foot this Enquiry from any Suspicion he had of the
_Six Nations_ wanting a due Regard for the _English_.--Our Experience of
their Honour and Faith, said he, would not permit us to think any other
of them, than that they would esteem our Friends their Friends, and our
Enemies their Enemies, agreeable to the strict Union which had ever
subsisted between us.--As to the Governor of _Canada_, he told them they
need not mind what he said.--The _English_, on equal Terms, had beat the
_French_, and could beat them again: And were they but to consider the
Advantages which the _English_ have, by possessing so many large and
populous Countries, and so many good Ports on the Continent of
_America_, they would soon see who had most Reason to fear a War, the
_French_ or the _English_.'
* * * * *
Here the Conversation dropped; and after another Glass of Wine, the
_Indians_ resumed the Discourse, by asking whether their Brethren had
not been for some Time engaged in a War with the King of _Spain_, and
what Successes they had met with.
The Governor told them, the King of _Great-Britain_ lived in an Island,
and being surrounded with the Sea, his chief Strength lay in his Ships;
in which he was so much superior to his Enemies, that they were seldom
to be met with on the broad Ocean, but sculk'd and hid themselves, only
venturing out now and then; and whenever they did, they were almost sure
to be taken; and that the King of _Great-Britain_ had with his Ships,
beat down, or taken several of the _Spaniards_ great Forts in
_America_.--The _Indians_ said, they were pleased to hear their Brethren
were an Over-match for their Enemies, and wish'd them good Success.
The Governor then enquired into the State and Condition of the Nations
to the Westward of the Great Lakes, and whether they had any Warriors
then in those Countries? Whether they had concluded Peace with the
Southern _Indians_? And whether they had heard what their Deputies had
done at _Albany_?
They made Answer: That they had always Abundance of their Men out
amongst the Nations situate to the West of their Lakes.--That they had
kindled a Fire with a vast many Nations, some whereof were Tributaries,
and they had a good Understanding with all.--They set out from their own
Country in Company with two Sets of Deputies, one going to hold a Treaty
with the Southern _Indians_, and they believed a Peace would be
concluded: The other going to meet the Governor of _New-York_, at
_Albany_; but they could not tell what had been done at either
Place.--On their return, they were to hold a General Council, and would
inform their Brethren of these Particulars.
Then the Governor put an End to the Conference, by telling the _Indians_
the Goods would be delivered to them at a Council to be held To-morrow
Afternoon at the Meeting-House.
* * * * *
At a Council held in the Meeting House, _Philadelphia,
July_ 6, 1742.
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, }
_Abraham Taylor_, } Esqrs;
_Samuel Preston_, }
_Ralph Asheton_, }
_Robert Strettell_, }
_C A N A S S A T E E G O_, Chief of the _Onondagoes_, Speaker.
S h i c a l a m y, and a great Number of _Indians_, whose Names are as
follows, _viz_.
O N O N T O G O E S.
_Sawegaty_, }
_Caxhayion_, } Counsellors.
_Saguyassatha_,
_Kayadoghratie_, alias _Slanaghquasy_,
_Rotier-uwughton_,
_Tokaughaah_,
_Tiorughwaghthe_,
_Tokano-ungoh_,
_Aronty-oony_,
_Tohanohawighton_,
_Tioghwatoony_,
_Auughrahysey_.
C A I Y O Q U O S.
_Sahugh-sowa_, }
_Tohatgaghthus_, } Chiefs.
_Tokany-esus_,
_Runho-hihio_,
_Kanadoghary_,
_Zior-aghquaty_,
_Sagu-iughwatha_, alias _Cadcaradasey_,
_Sca-yenties_,
_Tats-heghteh_,
_Alligh-waheis_,
_Tayo-quario_,
_Hogh degh runtu_,
_Rotehn Haghtyackon_, Captain.
_Sawoalieselhohaa_,
_Sagughsa-eck_,
_Uwantakeraa_,
_Horuhot_,
_Osoghquaa_,
_Tuyanoegon_.
A N O Y I U T S, _or_ O N E I D A S.
_Saristaquoh_, }
Ungquaterughiathe, alias _Shikelimo_, } Chiefs.
_Tottowakerha_,
_Taraghkoerus_,
_Onughkallydawwy_, a noted young Chief.
_Onughnaxqua_, Chief.
_Tawyiakaarat_,
_Tohathuyongochtha_,
_Sughnakaarat_,
_Taghneghdoerus_,
_Tokanyiadaroeyon_,
_Sagogughyatha_,
_Rahehius_,
_Tokanusoegon_.
J E N O N T O W A N O S, _or_ S E N E C A S.
_Karugh iagh Raghquy_, Captain.
_Tahn heentus_,
_Onontyiack_.
T U S C A R R O R O S.
_Sawontka_, }
_Ti-ieroes_, } Chiefs.
_Cloghsytowax_, }
_Tokaryhoegon_, Captain.
_Oghioghseh_,
_Tieleghweghson_,
_Tougrotha_,
_Yorughianego_,
_Ot-quehig_,
_Squaghky_,
_Sayadyio_,
_Onughsowûghton_,
_Cherigh wâstho_,
_Aghsûnteries_,
_Tion ogh scôghtha_,
_Saligh wanaghson_,
_Ohn-wâasey_,
_Tocar-eher_ [died since at _Tulpehokin_.]
_Tohanatâkqua_,
_Kanyhâag_.
S H A W A N O E S.
_Wehwehlaky_, Chief.
_Aset teywa_,
_Asoghqua_,
_Maya minickysy_,
_Wawyia Beeseny_.
Canestogo _Indians that speak the_ Onayiut's _Language_.
_Tior Haasery_, Chief.
_Tanigh wackerau_,
_Karha Cawyiat_,
_Kayen quily quo_.
C A N O Y I A S, _or_ N A N T I K O K E S, _of_ Canestogo.
_Des-seheg_,
_Ichqua que heck_,
_Quesamaag_,
_Ayiok-ius_.
D E L A W A R E S _of_ Shamokin.
_Olumapies_, }
_Lingehanoah_, } Chiefs.
_Kelly macquan_,
_Quitie-yquont_,
_Pishquiton_,
_Nena chy haut_.
D E L A W A R E S _from the_ Forks.
_Onutpe_, }
_Lawye quohwon_, alias _Nutimus_, } Chiefs.
_Toweghkappy_.
_Cornel. Spring_, and others.
C o n r a d W e i s e r, C o r n e l i u s S p r i n g, _Interpreters_.
And a great Number of the Inhabitants of _Philadelphia_.
The Governor having commanded Silence, spoke as follows:
'_Friends and Brethren of the Six Nations_,
'Six Years ago a Number of your Chiefs obliged us with a Visit,
when they agreed on Behalf of your Nations, to the Release of
certain Lands on both Sides the River _Sasquehannah_, to the
Southward of the _Endless-Mountains_, and within the Limits and
Bounds of the King's Grant of this Province. In Consideration of
which, a certain Quantity of Goods was agreed on, and delivered
as a full Satisfaction for the said Lands, lying on the Eastern
Side of the said River: And for the Lands on the Western Side of
the said River, you desired the Payment should be deferr'd till
another Opportunity. These Goods, which are exactly the same in
Quantity, as those you received the last Time the Chiefs of your
Nations were here, have been ready a considerable Time, and kept
in Expectation of your coming for them: And now you are come
down, fully impowered by your respective Councils to receive
them, we are well pleased to deliver them; leaving it to you to
make a fair and equal Division of them amongst yourselves. We
are sorry for the Absence of our Brethren the _Senecas_, and
much more so, that it should be owing to their Distress at Home
by a Famine that rages in their Country:--A Famine so great,
that you tell us a Father has been obliged to sacrifice one Part
of his Family, even his own Children, for the Support and
Preservation of himself, and the other Part.--We heartily
commiserate their Condition, and do not doubt but you will do
them fair and ample Justice in the Disposal of their Part of the
Goods, in such Manner as they have instructed you. You shall now
hear the List of the Goods read to you.'
Here, by the Governor's Order, the List of the Goods was read over,
_viz_.
500 _Pounds of Powder_.
600 _Pounds of Lead_.
45 _Guns_.
60 _Strowd-Matchcoats_.
100 _Blankets_.
100 _Duffil Matchcoats_.
200 _Yards Half-thick_.
100 _Shirts_.
40 _Hats_.
40 _Pair Shoes & Buckles_.
40 _Pair Stockings_.
100 _Hatchets_.
500 _Knives_.
100 _Hoes_.
60 _Kettles_.
100 _Tobacco-Tongs_.
100 _Scissars_.
500 _Awl-Blades_.
120 _Combs_.
2000 _Needles_.
1000 _Flints_.
24 _Looking-Glasses_.
2 _Pounds of Vermilion_.
100 _Tin-Pots_.
1000 _Tobacco-Pipes_.
200 _Pounds of Tobacco_.
24 _Dozen of Gartering_, and
25 _Gallons of Rum_.
Then the Governor told them that the Goods, of which the Particulars had
been just read to them, were in the Meeting-House, and would be sent to
whatever Place they would direct.
The Governor then proceeded:
'_B R E T H R E N_,
'You have often heard of the Care that your great and good
Friend and Brother _William Penn_, took at all Times to
cultivate a perfect good Harmony with all the _Indians_: Of
these your Nations have ever been fully sensible; but more
especially a Number of your Chiefs, about ten Years ago, when on
the Arrival of a Son of your said great Friend _William Penn_,
large and valuable Presents were exchanged by us with you; a new
Road was made and clear'd; a new Fire kindled; and the Chain of
Friendship made stronger, so as to last while the Sun and Moon
endure.
'And now we cannot but congratulate ourselves, that your coming
should happen at a Time, when we are in daily Expectation of a
War being declared between the King of _England_, and the
_French_ King, well knowing that should such a War happen, it
must very sensibly affect you, considering your Situation in the
Neighbourhood of _Canada_. Your coming at this Juncture is
particularly fortunate, since it gives us an Opportunity of
mentioning several Things that may be necessary to be settled,
between People so strictly and closely united as we are.--An
Union not to be expressed by any Thing less, than the
affectionate Regards which Children of the same Parents bear for
each other, as conceiving ourselves to be one Flesh and one
People.
'The utmost Care therefore ought mutually to be taken by us on
both Sides, that the Road between us be kept perfectly clear and
open, and no Lets nor the least Obstruction be suffered to lie
in the Way; or if any should by Accident be found, that may
hinder our free Intercourse and Correspondence, it must
forthwith be removed.
_To inforce this, we lay down a String of Wampum._
'In the next Place, we, on our Part, shall inlarge our Fire that
burns between us. We shall provide more Fewel to increase it,
and make it burn brighter and clearer, and give a stronger and
more lasting Light and Warmth.
_In Evidence of our sincere Intentions, we lay down this Belt of
Wampum_.
'In the last Place, considering the Obligations we are mutually
under by our several Treaties, "That we should hear with our
Ears for you, and you hear with your Ears for us." We shall at
Times very willingly give you the earliest and best
Intelligence, of any Designs that may be form'd to your
Disadvantage.--And if you discover any Preparations that can
hurt us, we desire you will immediately dispatch some suitable
Person in whom we can place a Confidence, to give us a proper
Information.'
_To inforce this Request, as well as to brighten the Chain, we lay down
this other Belt of Wampum._
On the Governor's concluding the Speech, the solemn Cry by Way of
Approbation was repeated by the _Indians_, as many Times as there were
Nations present; and then _Canassateego_ rose up and spoke.
'_B R E T H R E N_,
'We thank you for your kind Speech: What you have said is very
agreeable to us; and To-morrow when we have deliberated on the
several Matters recommended to us, we will give you our Answer.
We desire, as our Time will be wholly taken up in Council, you
will order the Goods to be carried back to the Proprietaries to
prevent their being lost, and that they may continue there till
we call for them.'
* * * * *
At a C o u n c i l held in the Meeting-House, _July_ 7, 1742.
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Thomas Lawrence_, }
_Abraham Taylor_, } Esqrs;
_Samuel Preston_, }
_Samuel Hasell_, }
_Robert Strettell_, }
_C A N A S S A T E E G O_'s Speech on Behalf of the _Six Nations_.
'_B R E T H R E N, the Governor and Council, and all present_,
'According to our Promise we now propose to return you an Answer
to the several Things mentioned to us Yesterday, and shall beg
Leave to speak to publick Affairs first, tho' they were what you
spoke to last. On this Head you Yesterday put us in Mind, first,
"Of _William Penn_'s early and constant Care to cultivate
Friendship with all the _Indians_; of the Treaty we held with
one of his Sons, about ten Years ago; and of the Necessity there
is at this Time of keeping the Roads between us clear and free
from all Obstructions." We are all very sensible of the kind
Regard that good Man _William Penn_ had for all the _Indians_,
and cannot but be pleased to find that his Children have the
same. We well remember the Treaty you mention held with his Son
on his Arrival here, by which we confirmed our League of
Friendship, that is to last as long as the Sun and Moon endure:
In Consequence of this, we, on our Part, shall preserve the Road
free from all Incumbrances; in Confirmation whereof we lay down
this String of Wampum.
'You in the next Place said you would enlarge the Fire and make
it burn brighter, which we are pleased to hear you mention; and
assure you, we shall do the same, by adding to it more Fewel,
that it may still flame out more strongly than ever: In the last
Place, you were pleased to say that we are bound by the
strictest Leagues, to watch for each others Preservation; that
we should hear with our Ears for you, and you hear with your
Ears for us: This is equally agreeable to us; and we shall not
fail to give you early Intelligence, whenever any Thing of
Consequence comes to our Knowledge: And to encourage you to do
the same, and to nourish in your Hearts what you have spoke to
us with your Tongues, about the Renewal of our Amity and the
Brightening of the Chain of Friendship; we confirm what we have
said with another Belt of Wampum.'
'_B R E T H R E N_,
'We received from the Proprietors Yesterday, some Goods in
Consideration of our Release of the Lands on the West-side of
_Sasquehannah_. It is true, we have the full Quantity according
to Agreement; but if the Proprietor had been here himself, we
think, in Regard of our Numbers and Poverty, he would have made
an Addition to them.--If the Goods were only to be divided
amongst the _Indians_ present, a single Person would have but a
small Portion; but if you consider what Numbers are left behind,
equally entitled with us to a Share, there will be extremely
little. We therefore desire, if you have the Keys of the
Proprietor's Chest, you will open it, and take out a little more
for us.
'We know our Lands are now become more valuable: The white
People think we do not know their Value; but we are sensible
that the Land is everlasting, and the few Goods we receive for
it are soon worn out and gone. For the future, we will sell no
Lands but when Brother _Onas_ is in the Country; and we will
know beforehand, the Quantity of the Goods we are to receive.
Besides, we are not well used with respect to the Lands still
unsold by us. Your People daily settle on these Lands, and spoil
our Hunting.--We must insist on your removing them, as you know
they have no Right to settle to the Northward of
_Kittochtinny-Hills_.--In particular, we renew our Complaints
against some People who are settled at _Juniata_, a Branch of
_Sasquahannah_, and all along the Banks of that River, as far as
_Mahaniay_; and desire they may be forthwith made to go off the
Land, for they do great Damage to our Cousins the _Delawares_.
'We have further to observe, with respect to the Lands lying on
the West-side of _Sasquahannah_, that though Brother _Onas_
(meaning the Proprietor) has paid us for what his People
possess, yet some Parts of that Country have been taken up by
Persons, whose Place of Residence is to the South of this
Province, from whom we have never received any Consideration.
This Affair was recommended to you by our Chiefs at our last
Treaty; and you then, at our earnest Desire, promised to write a
Letter to that Person who has the Authority over those People,
and to procure us his Answer: As we have never heard from you on
this Head, we want to know what you have done in it. If you have
not done any Thing, we now renew our Request, and desire you
will inform the Person whose People are seated on our Lands,
that that Country belongs to us, in Right of Conquest; we having
bought it with our Blood, and taken it from our Enemies in fair
War; and we expect, as Owners of that Land, to receive such a
Consideration for it as the Land is worth. We desire you will
press him to send a positive Answer: Let him say _Yes_ or _No_:
If he says Yes, we will treat with him; if No, we are able to do
ourselves Justice; and we will do it, by going to take Payment
ourselves.
'It is customary with us to make a Present of Skins, whenever we
renew our Treaties. We are ashamed to offer our Brethren so few,
but your Horses and Cows have eat the Grass our Deer used to
feed on. This has made them scarce, and will, we hope, plead in
Excuse for our not bringing a larger Quantity. If we could have
spared more, we would have given more; but we are really poor;
and desire you'll not consider the Quantity, but few as they
are, accept them in Testimony of our Regard.'
_Here they gave the Governor a Bundle of Skins_.
The Governor immediately replied.
'_B R E T H R E N_,
'We thank you for the many Declarations of Respect you have
given us, in this solemn Renewal of our Treaties: We receive,
and shall keep your String and Belts of Wampum, as Pledges of
your Sincerity, and desire those we gave you may be carefully
preserved, as Testimonies of ours.
'In Answer to what you say about the Proprietaries.--They are
all absent, and have taken the Keys of their Chest with them; so
that we cannot, on their Behalf, enlarge the Quantity of Goods:
Were they here, they might perhaps, be more generous; but we
cannot be liberal for them.--The Government will, however, take
your Request into Consideration; and in Regard to your Poverty,
may perhaps make you a Present. I but just mention this now,
intending to refer this Part of your Speech to be answered at
our next Meeting.
'The Number of Guns, as well as every Thing else, answers
exactly with the Particulars specified in your Deed of
Conveyance, which is more than was agreed to be given you. It
was your own Sentiments, that the Lands on the West-side of
_Sasquahannah_, were not so valuable as those on the East; and
an Abatement was to be made, proportionable to the Difference in
Value: But the Proprietor overlooked this, and ordered the full
Quantity to be delivered, which you will look on as a Favour.
'It is very true, that Lands are of late become more valuable;
but what raises their Value? Is it not entirely owing to the
Industry and Labour used by the white People, in their
Cultivation and Improvement? Had not they come amongst you,
these Lands would have been of no Use to you, any further than
to maintain you. And is there not, now you have sold so much,
enough left for all the Purposes of Living?--What you say of the
Goods, that they are soon worn out, is applicable to every
Thing; but you know very well, that they cost a great deal of
Money; and the Value of Land is no more, than it is worth in
Money.
'On your former Complaints against People's settling the Lands
on _Juniata_, and from thence all along on the River
_Sasquahannah_ as far as _Mahaniahy_, some Magistrates were sent
expresly to remove them, and we thought no Persons would presume
to stay after that.'
Here they interrupted the Governor, and said:--
"These Persons who were sent did not do their Duty: So far from
removing the People, they made Surveys for themselves, and they
are in League with the Trespassers. We desire more effectual
Methods may be used, and honester Persons employed."
Which the Governor promised, and then proceeded:
'_B R E T H R E N_,
'According to the Promise made at our last Treaty with you, Mr.
_Logan_, who was at that Time President, did write to the
Governor of _Maryland_, that he might make you Satisfaction for
such of your Lands as his People had taken up, but did not
receive one Word from him upon that Head. I will write to him
again, and endeavour to procure you a satisfactory Answer. We do
not doubt but he will do you Justice: But we exhort you to be
careful not to exercise any Acts of Violence towards his People,
as they likewise are our Brethren, and Subjects of the same
great King; and therefore Violence towards them, must be
productive of very evil Consequences.
'I shall conclude what I have to say at this Time, with
Acknowledgments for your Present; which is very agreeable to us,
from the Expressions of Regard used by you in presenting it:
Gifts of this Nature receiving their Value from the Affection of
the Giver, and not from the Quantity or Price of the Thing
given.'
* * * * *
At a C O U N C I L held at _Philadelphia, July_ 8, 1742.
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, }
_Samuel Hasell_, }
_Abraham Taylor_, }
_Samuel Preston_, } Esqrs;
_Thomas Lawrence_, }
_Ralph Asheton_, }
_Robert Strettell_, }
The Board taking into Consideration, whether it be proper or not at this
Time, to make a Present to the _Indians_ of the Six Nations now in Town,
in Return for their Present to this Government at Yesterday's Treaty;
_Resolved_,
That it is highly fit and proper that a Present be made to the said
_Indians_ at this Time.
And it is the Opinion of this Board, that the said Present should be of
the Value of 500 _l._ or at least 300 _l._
And it is recommended to Mr. _Logan_, Mr. _Preston_, and Mr. _Lawrence_,
to acquaint Mr. _Kinsey_, the Speaker of the Assembly, with the Opinion
of this Board; and that they request him to confer with such other
Members of Assembly as are in Town, and report their Sentiments
thereupon.
The Board taking into Consideration the Threats expressed by the
_Indians_, at the Treaty Yesterday, against the Inhabitants of
_Maryland_, settled on certain Lands on the West-side of _Sasquahannah_,
which the _Indians_ claim, and for which they require Satisfaction; and
considering, that should those Threats, in any Sort be put in Execution,
not only the Inhabitants of _Maryland_, but of this Government, and all
his Majesty's Subjects on the Northern Continent of _America_, may
thereby be involved in much Trouble: It is the Opinion of this Board,
that the Governor write to the Governor of _Maryland_ without Delay, to
inform him of the _Indians_ Complaints and Threats, and to request a
satisfactory Answer; and that his Letter be sent by a special Messenger,
at the publick Expence.
* * * * *
At a C O U N C I L held _July_ 9, 1742.
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, Esq;
_Clement Plumsted_, Esq;
_Samuel Hasell_, Esq;
_Robert Strettell_, Esq;
_Samuel Preston_, Esq;
_Ralph Asheton_, Esq;
_Thomas Lawrence_, Esq;
Mr. _Peters_.
The Governor informed the Board, that the _Indian_ Chiefs dining with
him Yesterday, after Dinner delivered their Answer to two Affairs of
Consequence:
The first related to the violent Battery committed on _William Webb_, in
the Forks of _Delaware_, whereby his Jaw-bone was broke, and his Life
greatly endangered, by an unknown _Indian_. _Canassatego_ repeating the
Message delivered to the _Six Nations_ by _Shickcalamy_, in the Year
1740, with a String of Wampum, said in Answer: 'The _Six Nations_ had
made diligent Enquiry into the Affair, and had found out the _Indian_
who had committed the Fact; he lived near _Asopus_, and had been
examined and severely reprov'd: And they hoped, as _William Webb_ was
recovered, the Governor would not expect any further Punishment; and
therefore they returned the String of Wampum received from their
Brethren, by the Hand of _Shickcalamy_, in Token that they had fully
complied with their Request.'
I thank'd them, said he, for their Care; but reminded them, that though
the Man did not die, yet he lay a long Time in extreme Misery, and would
never recover the free Use of his Speech, and was rendered less able to
get his Livelihood; and in such Cases the _English_ Laws obliged the
Assailant to make good all Damages, besides paying for the Pain
endured.--But as the _Indian_ was, in all Probability, poor and unable
to make Satisfaction, I told them, that for their Sake I would forgive
him; adding, had _Webb_ died, I make no Doubt but you would have put the
_Indian_ to Death, just as we did two of our People who had killed an
_Indian_; we caused them to be hung on a Gallows, in the Presence of
many Hundreds of our People, to deter all others from doing the like.
_Canassatego_ made me this Reply: 'The _Indians_ know no Punishment but
Death; they have no such Thing as pecuniary Mulcts; if a Man be guilty
of a Crime, he is either put to Death, or the Fault is overlook'd. We
have often heard of your Hanging-up those two Persons; but as none of
our _Indians_ saw the Men die, many believe they were not hanged, but
transported to some other Colony: And it would be satisfactory to the
_Indians_, if, for the future, some of them be sent for, to be Witnesses
of such Executions.' I assured them, that whoever gave them that
Information, abused them; for the Persons certainly suffered Death, and
in the Presence of all the People.
_Canassatego_ then proceeded to give an Answer to what was said to them
the 2d Instant, relating to _Le Tort_'s Letter: 'That they had, in
Council, considered in what Manner the Matter recommended to them ought
to be conducted; and they were of Opinion, that as the _Shawanese_, not
the _Twightwys_ (for they knew so much of it, that the People were of
the _Twightwy_ Nation in whose Bags the Scalps were found) had sent me a
Present of Skins, I should in return, send them a Blanket or a Kettle,
and with it a very sharp Message, that tho' they had done well in
sweeping the Road from Blood, yet that was but a small Part of their
Duty; they ought not to have suffered the _Twightwys_, after their Lye
and the Discovery of the Scalps, to have left them, 'till they had given
a full and true Account how they came by them, whose Scalps they were,
and in what Place, and for what Reason the Men were kill'd; and when
they had been fully satisfied of all these Particulars, then it was
their Duty to have given Information to the Government where the white
People lived, that the Murderers might be complained against, and
punished by the Nation they belonged to: And as the _Shawanese_ had
omitted to perform the Part of Brethren, that I should reprove them for
it, and charge them to make Amends for their Neglect, by using all
possible Expedition to come at the Knowledge of these Things, and to aid
their Brethren the white People in obtaining Justice.'
The Minutes of the preceding Council being read, Mr. _Logan_, in
pursuance of the Board's Direction of Yesterday, reported, on behalf of
himself, and the other Gentlemen to whom it was recommended, that they
had confer'd with Mr. _Kinsey_, and requested him to consult the other
Members of the Assembly concerning the making a Present to the
_Indians_; and that Mr. _Kinsey_ having collected the Sentiments of
several Members of the Assembly in Town, whom he had confer'd with on
that Subject, found them generally of Opinion, that a Present should at
this Time be made; but that they had declined nominating any Sum:
However, that Mr. _Kinsey_ had given it as his own Opinion, that the
Governor and Council might go as far as _three hundred Pounds_.
And accordingly it is refer'd to Mr. _Logan_, Mr. _Preston_, and Mr.
_Lawrence_, to consider of, and prepare a proper List of the Goods
whereof the Present should be composed, to the Value of _three hundred
Pounds_, as aforesaid; advising with the Interpreter as to the Quantity
and Quality.
* * * * *
At a C O U N C I L held at the Proprietor's, the 9th of _July_, P. M.
1742.
P R E S E N T
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Samuel Preston_, } Esqrs;
_Robert Strettell_, }
_Abraham Taylor_, }
The C H I E F S of the _Six Nations_.
_S A S S O O N A N_, and the _Delawares_.
_N U T I M U S_, and the _Fork-Indians_.
_C O N R A D W E I S E R_, Interpreter.
The Governor spoke to the Chiefs of the _Six Nations_, as follows:
'_B R E T H R E N_,
'The last Time the Chiefs of the _Six Nations_ were here, they
were informed, that your Cousins, a Branch of the _Delawares_,
gave this Province some Disturbance about the Lands the
Proprietor purchased from them, and for which their Ancestors
had received a valuable Consideration above _fifty-five_ Years
ago, as appears by a Deed now lying on the Table.--Sometime
after this, _Conrad Weiser_ delivered to your Brother _Thomas
Penn_ your Letter, wherein you request of him, and _James
Logan_, that they would not buy Land, &c.--This has been shewn
to them and interpreted; notwithstanding which they have
continued their former Disturbances, and have had the Insolence
to write Letters to some of the Magistrates of this Government,
wherein they have abused your good Brethren, our worthy
Proprietaries, and treated them with the utmost Rudeness and
Ill-Manners. Being loth, from our Regard to you, to punish them
as they deserve, I sent two Messengers to inform them that you
were expected here, and should be acquainted with their
Behaviour.--As you, on all Occasions, apply to us to remove all
white People that are settled on Lands before they are purchased
from you, and we do our Endeavours to turn such People off; we
now expect from you, that you will cause these _Indians_ to
remove from the Lands in the Forks of Delaware, and not give any
further Disturbance to the Persons who are now in Possession.'
_To inforce this we lay down a String of Wampum_.
Then were read the several Conveyances, the Paragraph of the Letter
wrote by the Chiefs of the _Six Nations_ relating to the _Delawares_;
the Letters of the _Fork-Indians_ to the Governor and Mr. _Langhorne_,
and a Draught of the Land; these were then delivered to _Conrad Weiser_,
who was desired to interpret them to the Chiefs, when they should take
this Affair into their Consideration.
* * * * *
At a C O U N C I L held _July_ 10, 1742.
P R E S E N T
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, }
_Thomas Lawrence_, }
_Abraham Taylor_, } Esqrs;
_Samuel Preston_, }
_Samuel Hasell_, }
_Robert Strettell_, }
The Governor laid before the Board an Extract from the Treaty held here
the 7th Instant with the _Indians_ of the _Six Nations_, so far as it
related to the Inhabitants of _Maryland_; as also a Letter he had
prepared for the Governor of _Maryland_ upon that Subject; both of which
being approved, were ordered to be transcribed fair, in order to be
dispatch'd the following Morning. The Letter was as follows:
Philadelphia, July 10, 1742.
S I R,
_The inclosed Extract of the Speech made by the Chiefs of the_ Six
Nations, _before a very numerous Audience, in this Place, with my Answer
to it, is of so great Importance to all his Majesty's Colonies in this
Part of his Dominions, and to your Government in particular, that I have
employ'd a special Messenger to deliver it you. I hope you will enable
me to send them a satisfactory Answer. It would be impertinent in me to
say more to one so well informed as you are of those Nations, and of
their absolute Authority over all the_ Indians _bordering upon us, or of
the Advantages of maintaining a strict Friendship with them at all
Times, but more especially at this critical Juncture._
I am, Yours, &c.
An Account exhibited by _Conrad Weiser_ of his Expences upon the
_Indians_, and _Indian_ Affairs, from _February_ last to _July_ 1, 1742,
amounting to 36 _l._ 18 _s._ 3 _d._ was laid before the Board, and
examin'd, and allow'd to be a just and very moderate Account.
And the Board taking into Consideration the many signal Services
performed by the said _Conrad Weiser_ to this Government, his Diligence
and Labour in the Service thereof, and his Skill in the _Indian_
Languages and Methods of Business, are of Opinion, that the said
_Conrad_ should be allowed, as a Reward from the Province at this Time,
the Sum of _Thirty Pounds_, at least, besides Payment of his said
Account.
* * * * *
At a C O U N C I L held at the Great Meeting-House, _July_ 10. _P. M._
1742.
P R E S E N T
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Thomas Lawrence_, }
_Abraham Taylor_, } Esqrs;
_Samuel Preston_, }
_Samuel Hasell_, }
_Robert Strettell_, }
_C A N A S S A T E G O_, }
_S H I C K C A L A M Y_, } And other _Indian_ Chiefs.
_C O N R A D W E I S E R_, Interpreter.
And a great Number of the Inhabitants of _Philadelphia_.
The Governor spoke to the _Indians_ as follows:
'_B R E T H R E N_,
'This Meeting will be short: It is in order to make you a
Present from the Governor, the Council, the Assembly, and all
our People. _William Penn_ was known to you to be a good and
faithful Friend to all the _Indians_: He made a League of
Friendship with you, by which we became one People. This League
has often since been renew'd by friendly Treaties; and as you
have declared that the Friendship shall always last on your
Parts, so we would have you believe that it shall remain
inviolable on ours while the Sun and Moon endure.
'I gave you some Expectation of a Present, and we have it now
ready to deliver to you. This Present is made you by the
Governor, Council, Assembly, and all our People, in
Consideration of the great Miseries and Distresses which you our
good Friends have lately suffered. This will be some Relief to
you for the present, and it's to be hoped your own Industry will
soon retrieve your Circumstances.
'It has sometimes happened, and may happen again, that idle and
untrue Stories are carried to you concerning us your Brethren;
but our Desire is, and we expect it from you, that you will give
no Credit to them; for we are, and always will be, your steady
and sincere Friends.
'It is a Custom when we renew our Treaties with our good Friends
the _Indians_, to clear the Road, and make our Fire burn bright:
We have done so upon this Occasion; and, in Token of our
Sincerity, we deliver you, as a Present from the Governor, the
Council, the Assembly, and all the People of _Pensylvania_, the
following Goods, _viz_.
24 _Guns_.
600 _Pounds of Lead_.
600 _Pounds of Powder_.
25 _Strowdes_ }
90 _Duffil_ } _Match-Coats_.
30 _Blankets_.
62 _Yards of Half-Thicks_.
60 _Ruffled Shirts_.
25 _Hats_.
1000 _Flints_.
50 _Hoes_.
50 _Hatchets_.
5 _Pounds of Vermilion_.
10 _Dozen of Knives_.
8 _Dozen of Gimblets_.
2 _Dozen of Tobacco-Tongs_.
25 _Pair of Shoes_.
25 _Pair of Stockings_.
25 _Pair of Buckles_.
Whereupon the Chiefs, and all the _Indians_, returned their solemn
Thanks; and _Canassatego_ said, 'They had no more to say as to publick
Business at present; but they had somewhat under Deliberation, which,
when they had duly considered, they would communicate.'
* * * * *
At a C O U N C I L held at the Proprietor's, _July_ 12, 1742.
P R E S E N T
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Thomas Lawrence_, }
_Robert Strettell_, } Esqrs;
_Clement Plumsted_, }
_Abraham Taylor_, }
Mr. _Richard Peters_.
_C A N A S S A T E G O_, } And sundry Chiefs of the _Six Nations_.
_S H I C K C A L A M Y_, }
_S A S S O O N A N_, and the _Delawares_.
_N U T T I M U S_, and the _Fork-Indians_.
_C O N R A D W E I S E R_, Interpreter.
_Pisquetoman_, }
_Cornelius Spring_, } Interpreters to the _Fork-Indians_.
_Nicholas Scull_, }
_C A N A S S A T E G O_ said:
'_B R E T H R E N, the Governor and Council_,
'The other Day you informed us of the Misbehaviour of our
Cousins the _Delawares_, with respect to their continuing to
claim, and refusing to remove from some Land on the River
_Delaware_, notwithstanding their Ancestors had sold it by a
Deed under their Hands and Seals to the Proprietaries, for a
valuable Consideration, upwards of _fifty_ Years ago; and
notwithstanding that, they themselves had also not many Years
ago, after a long and full Examination, ratified that Deed of
their Ancestors, and given a fresh one under their Hands and
Seals; and then you requested us to remove them, inforcing your
Request with a String of Wampum.--Afterwards we laid on the
Table our own Letters by _Conrad Weiser_; some of our Cousins
Letters, and the several Writings to prove the Charge against
our Cousins, with a Draught of the Land in Dispute.--We now tell
you, we have perused all these several Papers: We see with our
own Eyes, that they have been a very unruly People, and are
altogether in the Wrong in their Dealings with you.--We have
concluded to remove them, and oblige them to go over the River
_Delaware_, and quit all Claim to any Lands on this Side for the
future, since they have received Pay for them, and it is gone
thro' their Guts long ago.--To confirm to you that we will see
your Request executed, we lay down this String of Wampum in
return for yours.'
Then turning to the _Delawares_, holding a Belt of Wampum in his Hand,
he spoke to them as follows:
'_C O U S I N S_,
'Let this Belt of Wampum serve to chastise you. You ought to be
taken by the Hair of the Head and shaked severely, till you
recover your Senses and become sober. You don't know what Ground
you stand on, nor what you are doing. Our Brother _Onas_'s Cause
is very just and plain, and his Intentions are to preserve
Friendship. On the other Hand, your Cause is bad; your Heart far
from being upright; and you are maliciously bent to break the
Chain of Friendship with our Brother _Onas_, and his People. We
have seen with our Eyes a Deed sign'd by nine of your Ancestors
above _fifty_ Years ago for this very Land, and a Release
sign'd, not many Years since, by some of yourselves and Chiefs
now living, to the Number of fifteen or upwards.--But how came
you to take upon you to sell Land at all? We conquered you; we
made Women of you; you know you are Women, and can no more sell
Land than Women; nor is it fit you should have the Power of
selling Lands, since you would abuse it. This Land that you
claim is gone thro' your Guts; you have been furnished with
Cloaths, Meat, and Drink, by the Goods paid you for it, and now
you want it again, like Children as you are.--But what makes you
sell Land in the Dark? Did you ever tell us that you had sold
this Land? Did we ever receive any Part, even the Value of a
Pipe-Shank, from you for it? You have told us a blind Story,
that you sent a Messenger to us to inform us of the Sale, but he
never came amongst us, nor we never heard any thing about
it.--This is acting in the Dark, and very different from the
Conduct our _Six_ Nations observe in the Sales of Land; on such
Occasions they give publick Notice, and invite all the _Indians_
of their united Nations, and give them all a Share of the
Present they receive for their Lands.--This is the Behaviour of
the wise united Nations.--But we find you are none of our Blood:
You act a dishonest Part, not only in this, but in other
Matters: Your Ears are ever open to slanderous Reports about our
Brethren; you receive them with as much Greediness as lewd Women
receive the Embraces of bad Men. And for all these Reasons we
charge you to remove instantly; we don't give you the Liberty to
think about it. You are Women. Take the Advice of a wise Man,
and remove immediately. You may return to the other Side of
_Delaware_ where you came from: But we do not know whether,
considering how you have demean'd yourselves, you will be
permitted to live there; or whether you have not swallowed that
Land down your Throats as well as the Land on this Side. We
therefore assign you two Places to go, either to _Wyomen_ or
_Shamokin_. You may go to either of these Places, and then we
shall have you more under our Eye, and shall see how you behave.
Don't deliberate; but remove away, and take this Belt of
Wampum.'
This being interpreted by _Conrad Weiser_ into _English_, and by
_Cornelius Spring_ into the _Delaware_ Language, _Canassatego_ taking a
String of Wampum, added further.
'After our just Reproof, and absolute Order to depart from the
Land, you are now to take Notice of what we have further to say
to you. This String of Wampum serves to forbid you, your
Children and Grand-Children, to the latest Posterity for ever,
meddling in Land-Affairs; neither you, nor any who shall descend
from you, are ever hereafter to presume to sell any Land: For
which purpose, you are to preserve this String, in Memory of
what your Uncles have this Day given you in Charge.--We have
some other Business to transact with our Brethren, and therefore
depart the Council, and consider what has been said to you.'
_Canassatego_ then spoke to the Governor and Council:
'_B R E T H R E N_,
'We called at our old Friend _James Logan_'s, in our Way to this
City, and to our Grief we found him hid in the Bushes, and
retired, thro' Infirmities, from publick Business. We press'd
him to leave his Retirement, and prevailed with him to assist
once more on our Account at your Councils. We hope,
notwithstanding his Age, and the Effects of a Fit of Sickness,
which we understand has hurt his Constitution, that he may yet
continue a long Time to assist this Province with his Counsels.
He is a wise Man, and a fast Friend to the _Indians_. And we
desire, when his Soul goes to G O D, you may chuse in his Room
just such another Person, of the same Prudence and Ability in
counselling, and of the same tender Disposition and Affection
for the _Indians_. In Testimony of our Gratitude for all his
Services, and because he was so good as to leave his
Country-House, and follow us to Town, and be at the Trouble, in
this his advanced Age, to attend the Council, we present him
with this Bundle of Skins.'
'_B R E T H R E N_,
'It is always our Way, at the Conclusion of a Treaty, to desire
you will use your Endeavours with the Traders, that they may
sell their Goods cheaper, and give us a better Price for our
Deer-Skins. Whenever any particular Sort of _Indian_ Goods is
scarce, they constantly make us pay the dearer on that Account.
We must now use the same Argument with them: Our Deer are killed
in such Quantities, and our Hunting-Countries grown less every
Day by the Settlement of white People, that Game is now
difficult to find, and we must go a great Way in quest of it;
they therefore ought to give us a better Price for our Skins;
and we desire you would speak to them to do so. We have been
stinted in the Article of Rum in Town. We desire you will open
the Rum-Bottle, and give it to us in greater Abundance on the
Road.'
_To inforce our Request, about the_ Indian _Traders_, _we present you
with this Bundle of Skins_.
'_B R E T H R E N_,
'When we first came to your Houses, we found them clean and in
Order; but we have staid so long as to dirty them; which is to
be imputed to our different Way of Living from the white People:
And therefore, as we cannot but have been disagreeable to you on
this Account, we present you with some Skins to make your Houses
clean, and put them into the same Condition they were in when we
came amongst you.'
'_B R E T H R E N_,
'The Business the _Five_ Nations transact with you is of great
Consequence, and requires a skilful and honest Person to go
between us; one in whom both you and we can place a
Confidence.--We esteem our present Interpreter to be such a
Person, equally faithful in the Interpretation of whatever is
said to him by either of us, equally allied to both; he is of
our Nation, and a Member of our Council, as well as of yours.
When we adopted him, we divided him into two equal Parts: One we
kept for ourselves, and one we left for you. He has had a great
deal of trouble with us, wore out his Shoes in our Messages, and
dirty'd his Clothes by being amongst us, so that he is become as
nasty as an _Indian_.
'In Return for these Services, we recommend him to your
Generosity; and on our own Behalf, we give him _Five Skins_ to
buy him Clothes and Shoes with.'
'_B R E T H R E N_,
'We have still one more Favour to ask. Our Treaty, and all we
have to say about publick Business, is now over, and to-morrow
we design to leave you. We hope, as you have given us Plenty of
good Provision whilst in Town, that you will continue your
Goodness so far as to supply us with a little more to serve us
on the Road. And we likewise desire you will provide us with
Waggons, to carry our Goods to the Place where they are to be
conveyed by Water.'
To these several Points the Governor made the following Reply.
'_B R E T H R E N of the Six Nations_,
'The Judgment you have just now pass'd on your Cousins the
_Delawares_, confirms the high Opinion we have ever entertained
of the Justice of the _Six Nations_. This Part of your
Character, for which you are deservedly famed, made us wave
doing ourselves Justice, in order to give you another
Opportunity of convincing the World of your inviolable
Attachment to your Engagements. These unhappy People might have
always liv'd easy, having never receiv'd the least Injury from
us; but we believe some of our own People were bad enough to
impose on their Credulity, and engage them in these wrong
Measures, which we wish, for their Sakes, they had avoided.
'We hoped, from what we have constantly given in Charge to the
_Indian_ Traders, that they would have administred no just Cause
of Complaint: If they do you Wrong, it is against our
Inclinations, and contrary to our express Directions. As you
have exhibited no particular Charge against them, we shall use
our best Endeavours to persuade them to give you as much for
your Skins as they can possibly afford; and to take Care that
their Goods which they give in Exchange for Skins, be of the
best Sort. We will likewise order you some Rum to serve you on
your journey home, since you desire it.
'We wish there had been more Room and better Houses provided for
your Entertainment; but not expecting so many of you, we did the
best we could. 'Tis true, there are a great many Houses in
Town, but as they are the Property of other People, who have
their own Families to take care of, it is difficult to procure
Lodgings for a large Number of People, especially if they come
unexpectedly.
'We entertain the same Sentiments of the Abilities and Probity
of the Interpreter as you have express'd. We were induc'd at
first to make use of him in this important Trust, from his being
known to be agreeable to you, and one who had lived amongst you
for some Years, in good Credit and Esteem with all your Nations;
and have ever found him equally faithful to both. We are pleas'd
with the Notice you have taken of him, and think he richly
deserves it at your Hands. We shall not be wanting to make him a
suitable Gratification, for the many good and faithful Services
he hath done this Government.
'We have already given Orders for Waggons to carry your Goods,
and for a Supply of Provisions to serve you on the Road in your
Return home, where we heartily wish you may arrive in good
Health.'
After the Governor had concluded, Mr. _Logan_ return'd an Answer to that
Part of _Canassatego_'s Speech which related to him, and said, 'That not
only upon the Account of his Lameness, of which the _Indians_ themselves
were Witnesses; but on Account of another Indisposition, which about
three Years since had laid him under an Incapacity of expressing himself
with his former usual Freedom, he had been obliged to live retired in
the Country. But that our first Proprietor, the Honourable _William
Penn_, who had ever been a Father and true Friend to all the _Indians_,
having above forty Years since recommended them to his particular Care,
he had always, from his own Inclination, as well as from that strict
Charge, endeavoured to convince all the _Indians_, that he was their
true Friend; and was now well pleased, that after a Tract of so many
Years, they were not insensible of it. He thanked them kindly for their
Present, and heartily joined with them in their Desires, that this
Government may always be furnished with Persons of equally good
Inclinations, and not only with such, but also with better Abilities to
serve them.'
And then _Canassatego_ said, he had forgot to mention, that
_Shickcalamy_ and _Caxhayn_ had been employ'd on several Messages to
this Government, and desir'd they might be consider'd on that Account.
* * * * *
At a C O U N C I L held the 12th of _July_, P. M. 1742.
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieutenant-Governor.
_James Logan_, }
_Clement Plumsted_, }
_Samuel Hasell_, }
_Robert Strettell_, } Esqrs;
_Samuel Preston_, }
_Thomas Lawrence_, }
_Abraham Taylor_, }
Mr. _Richard Peters_.
The Board taking into Consideration the Regulation of the necessary
Expences of the _Indians_ travelling down hither, and returning; and
upon an Estimate made by _Conrad Weiser_, amounting to about _one
hundred Pounds_, it appearing that the said Sum of 100 _l._ will be
necessary to be advanced to _Conrad Weiser_ to defray those Expences,
Mr. _Logan_, on the Proprietaries Behalf, proposes to advance 40 _l._
and the Treasurer declaring he had no publick Money in his Hands, and
that if he had, he would not advance Money without the Assembly's Order;
it is recommended to Mr. _Preston_ and Mr. _Lawrence_, to confer with
Mr. _Kinsey_, and know whether he, as Speaker of the Assembly, and
Trustee of the Loan-Office, will advance the other 60 _l._
And the _Indians_ having requested that they might have a small Quantity
of Rum, to be added to their Provisions, to comfort them on the Road:
The Board is of Opinion, that there be added to the said Estimate
for twenty Gallons of Rum for the aforesaid Use. And in
Return for their Present of Skins, at requesting that the _Indian_
Traders be enjoin'd to sell their Goods cheaper, the Board directs that
two Strouds be presented. And that _five Pounds_ be given to _Caxhayn_
on the Account of the Province, for his Services; and to _Shickcalamy_
the like Sum.
_A just Copy, compared by_
_P A T R I C K B A I R D_, Secr.
[Illustration]
A
=T R E A T Y=
Held at the Town of
_Lancaster_, in Pensylvania,
By the Honourable the
Lieutenant-Governor of the PROVINCE,
And the Honourable the
Commissioners for the PROVINCES
OF
Virginia _and_ Maryland,
with the
_I N D I A N S_
O F T H E
S I X N A T I O N S,
In _J U N E_, 1744.
A Treaty with the _I N D I A N S_ of the Six Nations.
* * * * *
In the C o u r t-H o u s e in the Town of _Lancaster_, on _Friday_
the Twenty-second of _June_, 1744,
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Lieut. Governor of the
Province of _Pensylvania_, and Counties of _Newcastle, Kent_ and
_Sussex_, on _Delaware_.
The Honourable _Thomas Lee_, Esq; } Commissioners
Colonel _William Beverly_, } of _Virginia_.
The Honourable _Edm. Jennings_, Esq; }
_Philip Thomas_, Esq; } Commissioners
Colonel _Robert King_, } of _Maryland_.
Colonel _Thomas Colville_, }
The Deputies of the _Onandagoes, Senecas, Cayogoes, Oneidas_ and
_Tuscaroraes_.
_Conrad Weiser_, Interpreter.
The Governor and the Commissioners took some of the _Indian_ Chiefs by
the Hand, and, after they had seated themselves, the Governor bid them
welcome into the Government; and there being Wine and Punch prepared for
them, the Governor and the several Commissioners drank Health to the
_Six Nations_; and _Canassatego, Tachanoontia_, and some other Chiefs,
returned the Compliments, drinking the Healths of _Onas_[1],
_Assaragoa_[2], and the Governor of _Maryland_.
After they were all served with Wine, Punch, Pipes and Tobacco, the
Governor told the _Indians_, that as it was customary, and indeed
necessary, they should have some Time to rest after so long a Journey,
and as he thought three Days would be no more than sufficient for that
Purpose, he proposed to speak to them on _Monday_ next; after which, the
honourable Commissioners would take their own Time to deliver what they
had to say.
_C A N A S S A T E G O_ answered the Governor: We thank you for giving
us Time to rest; we are come to you, and shall leave it intirely to you
to appoint the Time when we shall meet you again. We likewise leave it
to the Governor of _Maryland_, by whose Invitation we came here, to
appoint a Time when he will please to mention the Reason of his inviting
us. As to our Brother _Assaragoa_, we have at this present Time nothing
to say to him; not but we have a great deal to say to _Assaragoa_, which
must be said at one Time or another; but not being satisfied whether he
or we should begin first, we shall leave it wholly to our Brother _Onas_
to adjust this between us, and to say which shall begin first.
[Footnote 1: _Onas_, the Governor of _Pensylvania_.]
[Footnote 2: _Assaragoa_, the Governor of _Virginia_.]
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 25, 1744. _A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
The Governor spoke as follows.
_Honourable Gentlemen, Commissioners for the Governments of_ Virginia
_and_ Maryland, _and Brethren, Sachims, or Chiefs of the_ Indians _of
the_ Six Nations.
At a Treaty, held by me two Years ago, in Behalf of the Government of
_Pensylvania_, with a Number of the Chiefs of the _Indians_ of the _Six
Nations_, I was desired by them to write to the Governor of _Maryland_
concerning some Lands in the back Parts of that Province, which they
claim a Right to from their Conquests over the ancient Possessors, and
which have been settled by some of the Inhabitants of that Government,
without their Consent, or any Purchase made from them. It was at that
time understood that the Claim was upon _Maryland_ only; but it has
since appeared, by some Letters formerly wrote by Mr. President _Logan_
to the late Governor of _Maryland_, that it related likewise to some
Lands in the back Parts of _Virginia_. The Governors of those Colonies
soon manifested a truly equitable Disposition to come to any reasonable
Terms with the _Six Nations_ on account of those Lands, and desired,
that for that End a Time and Place might be fixed for a Treaty with
them; but before this could be effected, an unfortunate Skirmish
happened in the back Parts of _Virginia_, between some of the Militia
there, and a Party of the _Indian_ Warriors of the _Six Nations_, with
some Loss on both Sides. Who were the Aggressors is not at this time to
be discussed, both Parties having agreed to bury that Affair in
Oblivion, and the Government of _Virginia_ having, in Token of the
Continuance of their Friendship, presented the _Six Nations_, through my
Hands, with Goods to the Value of One Hundred Pounds Sterling. To
prevent further Hostilities, and to heal this Breach, I had, before the
Present was given, made a Tender of my good Office; which both Parties
accepted, and consented, on my Instances, to lay down their Arms: Since
which the Faith pledged to me has been mutually preserved, and a Time
and Place has been agreed upon, through my Intervention, for
accommodating all Differences, and for settling a firm Peace, Union and
Friendship, as well between the Government of _Virginia_ as that of
_Maryland_, and the _Indians_ of the _Six Nations_[3]. The honourable
the Commissioners for these two Governments, and the Deputies of the
_Six Nations_, are now met at the Place appointed for the Treaty. It
only remains therefore for me to say, that if my further good Offices
shall be thought useful for the Accomplishment of this Work, you may
rely most assuredly upon them.
But I hope, honourable Gentlemen Commissioners, it will not be taken
amiss if I go a little further, and briefly represent to you, how
especially necessary it is at this Juncture, for his Majesty's Service,
and the Good of all his Colonies in this Part of his Dominions, that
Peace and Friendship be established between your Governments and the
_Indians_ of the _Six Nations_.
These _Indians_, by their Situation, are a Frontier to some of them;
and, from thence, if Friends, are capable of defending their
Settlements; if Enemies, of making cruel Ravages upon them; if Neuters,
they may deny the _French_ a Passage through their Country, and give us
timely Notice of their Designs. These are but some of the Motives for
cultivating a Good Understanding with them; but from hence the
Disadvantages of a Rupture are abundantly evident. Every Advantage you
gain over them in War will be a weakening of the Barrier of those
Colonies, and consequently be, in effect, Victories over yourselves and
your Fellow Subjects. Some Allowances for their Prejudices and Passions,
and a Present now and then for the Relief of their Necessities, which
have, in some Measure, been brought upon them by their Intercourse with
us, and by our yearly extending our Settlements, will probably tie them
more closely to the _British_ Interest. This has been the Method of
_New-York_ and _Pensylvania_, and will not put you to so much Expence in
twenty Years, as the carrying on a War against them will do in one. The
_French_ very well know the Importance of these Nations to us, and will
not fail by Presents, and their other usual Arts, to take Advantage of
any Misunderstanding we may have with them[4]. But I will detain you,
Gentlemen, no longer. Your own superior Knowledge will suggest to you
more than I can say on this Subject.
_Friends and Brethren, Sachems, or Chiefs of the_ Indians _of the_ Six
Nations:
These, your Brethren of _Virginia_ and _Maryland_, are come to enlarge
the Fire, which was almost gone out, and to make it burn clearer; to
brighten the Chain which had contracted some Rust, and to renew their
Friendship with you; which it is their Desire may last so long as the
Sun, the Moon and the Stars, shall give Light. Their Powers are derived
from the _Great King_ of England, your Father; and whatever Conclusions
they shall come to with you, will be as firm and binding as if the
Governors of these Provinces were themselves here. I am your Brother,
and, which is more, I am your true Friend. As you know, from Experience,
that I am so, I will now give you a few Words of Advice. Receive these
your Brethren with open Arms; unite yourselves to them in the Covenant
Chain, and be you with them as one Body, and one Soul. I make no doubt
but the Governor of _Canada_ has been taking Pains to widen the Breach
between these your Brethren of _Virginia_ and you; but as you cannot
have forgot the Hatred the _French_ have always borne to your Nations,
and how kindly, on the contrary, you have been treated, how faithfully
you have been protected by the _Great King_ of England and his Subjects,
you will not be at a Loss to see into the Designs of that Governor. He
wants to divide you from us, in order the more easily to destroy you,
which he will most certainly do, if you suffer yourselves to be deluded
by him.
As to what relates to the Friendship established between the Government
of _Pensylvania_ and your Nations, I will take another Day to speak to
you upon it.
_To enforce what had been said, the_ Governor _laid down a Belt
of Wampum_; _upon which the_ Indians _gave the_ Yo-hah[5].
After a short Pause, the Governor ordered the Interpreter to tell the
_Indians_, that as they had greatly exceeded their appointed Time for
meeting the Commissioners, he recommended to them to use all the
Expedition possible in giving their Answer to what had been said, that
they might forthwith proceed to treat with the respective Commissioners
on the Business they came about.
Then _Canassatego_ repeated to the Interpreter the Substance of what the
Governor had spoke, in order to know if he had understood him right (a
Method generally made use of by the _Indians_) and when the Interpreter
told him he had taken the true Sense, _Canassatego_ proceeded to return
the Thanks of the _Six Nations_ for the Governor's kind Advice,
promising to follow it as far as lay in their Power; but as it was their
Custom when a Belt was given to return another, they would take Time
till the Afternoon to provide one, and would then give their Answer.
[Footnote 3: This was allowed, at a Conference had by the Governor with
the Commissioners, to be a just State of the Transactions preceding the
Treaty.]
[Footnote 4: The two preceding Paragraphs were allowed by the
Commissioners of _Virginia_, whilst they were at _Philadelphia_, to be
very proper to be spoken by the Governor of _Pensylvania_ at the Opening
of the Treaty; but taking up an Opinion, from what passed at the first
friendly Interview with the _Indians_, that they would not make any
Claim upon Lands within the Government of _Virginia_, the Governor
consented to decline speaking them in the Presence of the _Indians_.]
[Footnote 5: The _Yo-hah_ denotes Approbation, being a loud Shout or
Cry, consisting of a few Notes pronounced by all the _Indians_ in a very
musical Manner, in the Nature of our Huzza's.]
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 25, 1744. _P. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
Canassatego's _Answer to the Governor's Speech delivered in the
Morning_.
_Brother_ Onas,
You spoke in the Presence of _Assaragoa_ and the Governor of _Maryland_
to us, advising us to receive them as our Brethren, and to unite with
them in the Covenant Chain as one Body, and one Soul. We have always
considered them as our Brethren, and, as such, shall be willing to
brighten the Chain of Friendship with them; but since there are some
Disputes between us respecting the Lands possessed by them, which
formerly belonged to us, we, according to our Custom, propose to have
those Differences first adjusted, and then we shall proceed to confirm
the Friendship subsisting between us, which will meet with no
Obstruction after these Matters are settled.
_Here they presented the_ Governor _with a Belt of Wampum, in
return for the Belt given them in the Morning by the_ Governor;
_and the Interpreter was ordered to return the_ Yo-hah.
_Then the_ Governor, _in Reply, spoke as follows_:
I receive your Belt with great Kindness and Affection; and as to what
relates to the Governments of _Virginia_ and _Maryland_, the honourable
Commissioners, now present, are ready to treat with you. I shall only
add, that the Goods for the Hundred Pounds Sterling, put into my Hands
by the Governor of _Virginia_, as a Token of his good Dispositions to
preserve Friendship with you, are now in Town, and ready to be
delivered, in consequence of what was told you by _Conrad Weiser_ when
he was last at Onandago.
Then the Governor, turning to the Commissioners of _Virginia_ and
_Maryland_, said, Gentlemen, I have now finished what was incumbent upon
me to say by way of Introduction to the _Indians_; and as you have a
full Authority from your respective Governments to treat with them, I
shall leave the rest intirely to you, and either stay or withdraw, as
you shall think most for your Service.
The Commissioners said, They were all of Opinion, it would be for their
Advantage that the Governor should stay with them; and therefore they
unanimously desired he would favour them with the Continuance of his
Presence whilst they should be in Treaty with the _Indians_: Which his
Honour said he would at their Instance very readily do, believing it
might expedite their Business, and prevent any Jealousy the _Indians_
might conceive at his withdrawing.
_The Commissioners of_ Maryland _ordered the Interpreter to acquaint
the_ Indians _that the Government of_ Maryland _was going to speak to
them, and then spoke as follows_:
_Friends and Brethren of the united_ Six Nations,
We, who are deputed from the Government of _Maryland_ by a Commission
under the Great Seal of that Province, now in our Hands (and which will
be interpreted to you) bid you welcome; and in Token that we are very
glad to see you here as Brethren, we give you this String of Wampum.
_Upon which the_ Indians _gave the_ Yo-hah.
When the Governor of _Maryland_ received the first Notice, about seven
Years ago, of your Claim to some Lands in that Province, he thought our
good Friends and Brethren of the _Six Nations_ had little Reason to
complain of any Injury from _Maryland_, and that they would be so well
convinced thereof, on farther Deliberation, as he should hear no more of
it; but you spoke of that Matter again to the Governor of _Pensylvania_,
about two Years since, as if you designed to terrify us.
It was very inconsiderately said by you, that you would do yourselves
Justice, by going to take Payment yourselves: Such an Attempt would have
intirely dissolved the Chain of Friendship subsisting, not only between
us, but perhaps the other _English_ and you.
We assure you, our People, who are numerous, courageous, and have Arms
ready in their Hands, will not suffer themselves to be hurt in their
Lives and Estates.
But, however, the old and wise People of _Maryland_ immediately met in
Council, and upon considering very cooly your rash Expressions, agreed
to invite their Brethren, the _Six Nations_, to this Place, that they
might learn of them what Right they have to the Land in _Maryland_, and,
if they had any, to make them some reasonable Compensation for it;
therefore the Governor of _Maryland_ has sent us to meet and treat with
you about this Affair, and the brightening and strengthening the Chain
which hath long subsisted between us. And as an Earnest of our Sincerity
and Good-will towards you, we present you with this Belt of Wampum.
_On which the_ Indians _gave the_ Yo-hah.
Our _Great King of_ England, and his Subjects, have always possessed the
Province of _Maryland_ free and undisturbed from any Claim of the _Six
Nations_ for above one hundred Years past, and your not saying any thing
to us before, convinces us you thought you had no Pretence to any Lands
in _Maryland_; nor can we yet find out to what Lands, or under what
Title you make your Claim: For the _Sasquahannah Indians_, by a Treaty
above ninety Years since (which is on the Table, and will be interpreted
to you) give, and yield to the _English_ Nation, their Heirs and Assigns
for ever, the greatest Part (if not all) of the Lands we possess, from
_Patuxent_ River, on the Western, as well as from _Choptank_ River, on
the Eastern Side of the Great Bay of _Chessapeak_. And, near Sixty Years
ago, you acknowledged to the Governor of _New-York_ at _Albany_, "That
you had given your Lands, and submitted yourselves to the King of
_England_."
We are that Great King's Subjects, and we possess and enjoy the Province
of _Maryland_ by Virtue of his Right and Sovereignty thereto; why, then,
will you stir up any Quarrel between you and ourselves, who are as one
Man, under the Protection of that Great King?
We need not put you in mind of the Treaty (which we suppose you have had
from your Fathers) made with the Province of _Maryland_ near Seventy
Years ago, and renewed and confirmed twice since that time.
By these Treaties we became Brethren; we have always lived as such, and
hope always to continue so.
We have this further to say, that altho' we are not satisfied of the
Justice of your Claim to any Lands in _Maryland_, yet we are desirous of
shewing our Brotherly Kindness and Affection, and to prevent (by any
reasonable Way) every Misunderstanding between the Province of
_Maryland_ and you our Brethren of the _Six Nations_.
For this Purpose we have brought hither a Quantity of Goods for our
Brethren the _Six Nations_, and which will be delivered you as soon as
we shall have received your Answer, and made so bright and large a Fire
as may burn pure and clear whilst the Sun and Moon shall shine.
We have now freely and openly laid our Bosoms bare to you; and that you
may be the better confirmed of the Truth of our Hearts, we give you this
Belt of Wampum.
_Which was received with the_ Yo-hah.
_After a little Time_ Canassatego _spoke as follows:_
_Brother, the Governor_ of Maryland,
We have heard what you have said to us; and, as you have gone back to
old Times, we cannot give you an Answer now, but shall take what you
have said into Consideration, and, return you our Answer some Time to
Morrow. He then sat down, and after some Time he spoke again.
_Brother, the Governor of_ Maryland,
If you have made any Enquiry into _Indian_ Affairs, you will know, that
we have always had our Guns, Hatchets and Kettles mended when we came to
see our Brethren. Brother _Onas_, and the Governor of _York_ always do
this for us; and we give you this early Notice, that we may not thereby
be delayed, being desirous, as well as you, to give all possible
Dispatch to the Business to be transacted between us.
The Commissioners of _Virginia_ and _Maryland_ said, since it was
customary, they would give Orders to have every Thing belonging to them
mended that should want it.
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 26, 1744, _P. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, _&c._
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations._
_Conrad Weiser_, Interpreter.
_C A N A S S A T E G O spoke as follows:_
_Brother, the Governor of_ Maryland,
When you invited us to kindle a Council Fire with you, _Conedogwainet_
was the Place agreed upon; but afterwards you, by Brother _Onas_, upon
second Thoughts, considering that it would be difficult to get
Provisions and other Accommodations where there were but few Houses or
Inhabitants, desired we would meet our Brethren at _Lancaster_, and at
his Instances we very readily agreed to meet you here, and are glad of
the Change; for we have found Plenty of every thing; and as Yesterday
you bid us welcome, and told us you were glad to see us, we likewise
assure you we are as glad to see you; and, in Token of our Satisfaction,
we present you with this String of Wampum.
_Which was received with the usual Ceremony._
_Brother, the Governor of_ Maryland,
You tell us, that when about Seven Years ago you heard, by our Brother
_Onas_, of our Claim to some Lands in your Province, you took no Notice
of it, believing, as you say, that when we should come to reconsider
that Matter, we should find that we had no Right to make any Complaint
of the Governor of _Maryland_, and would drop our Demand. And that when
about two Years ago we mentioned it again to our Brother _Onas_, you say
we did it in such Terms as looked like a Design to terrify you; and you
tell us further, that we must be beside ourselves, in using such a rash
Expression as to tell you, We know how to do ourselves Justice if you
still refuse. It is true we did say so, but without any ill Design; for
we must inform you, that when we first desired our Brother _Onas_ to use
his Influence with you to procure us Satisfaction for our Lands, We, at
the same time, desired him, in case you should disregard our Demand, to
write to the Great King beyond the Seas, who would own us for his
Children as well as you, to compel you to do us Justice: And, two years
ago, when we found that you had paid no Regard to our just Demand, nor
that Brother _Onas_ had convey'd our Complaint to the Great King over
the Seas, we were resolved to use such Expressions as would make the
greatest Impressions on your Minds, and we find it had its Effect; for
you tell us, "That your wise Men held a Council together, and agreed to
invite us, and to enquire of our Right to any of your Lands, and if it
should be found that we had a Right, we were to have a Compensation made
for them: And likewise you tell us, that our Brother, the Governor of
_Maryland_, by the advice of these wise Men, has sent you to brighten
the Chain, and to assure us of his Willingness to remove whatever
impedes a good Understanding between us." This shews that your wise Men
understood our Expressions in their true Sense. We had no Design to
terrify you, but to put you on doing us the Justice you had so long
delayed. Your wise Men have done well; and as there is no Obstacle to a
good Understanding between us, except this Affair of our Land, we, on
our Parts, do give you the strongest Assurances of our good Disposition
towards you, and that we are as desirous as you to brighten the Chain,
and to put away all Hindrances to a perfect good Understanding; and, in
Token of our Sincerity, we give you this Belt of Wampum.
_Which was received, and the Interpreter ordered to give the_
Yo-hah.
_Brother, the Governor of_ Maryland,
When you mentioned the Affair of the Land Yesterday, you went back to
old Times, and told us, you had been in Possession of the Province of
_Maryland_ above One Hundred Years; but what is One Hundred Years in
Comparison of the Length of Time since our Claim began? since we came
out of this Ground? For we must tell you, that long before One Hundred
Years our Ancestors came out of this very Ground, and their Children
have remained here ever since. You came out of the Ground in a Country
that lies beyond the Seas, there you may have a just Claim, but here you
must allow us to be your elder Brethren, and the Lands to belong to us
long before you knew any thing of them. It is true, that above One
Hundred Years ago the _Dutch_ came here in a Ship, and brought with them
several Goods; such as Awls, Knives, Hatchets, Guns, and many other
Particulars, which they gave us; and when they had taught us how to use
their Things, and we saw what sort of People they were, we were so well
pleased with them, that we tied their Ship to the Bushes on the Shore;
and afterwards, liking them still better the longer they staid with us,
and thinking the Bushes too slender, we removed the Rope, and tied it to
the Trees; and as the Trees were liable to be blown down by high Winds,
or to decay of themselves, we, from the Affection we bore them, again
removed the Rope, and tied it to a strong and big Rock [_here the
Interpreter said, They mean the_ Oneido _Country_] and not content with
this, for its further Security we removed the Rope to the big Mountain
[_here the Interpreter says they mean the_ Onandago _Country_] and there
we tied it very fast, and roll'd Wampum about it; and, to make it still
more secure, we stood upon the Wampum, and sat down upon it, to defend
it, and to prevent any Hurt coming to it, and did our best Endeavours
that it might remain uninjured for ever. During all this Time the
New-comers, the _Dutch_, acknowledged our Right to the Lands, and
sollicited us, from Time to Time, to grant them Parts of our Country,
and to enter into League and Covenant with us, and to become one people
with us.
After this the _English_ came into the Country, and, as we were told,
became one People with the _Dutch_. About two Years after the Arrival of
the _English_, an _English_ Governor came to _Albany_, and finding what
great Friendship subsisted between us and the _Dutch_, he approved it
mightily, and desired to make as strong a League, and to be upon as good
Terms with us as the _Dutch_ were, with whom he was united, and to
become one People with us: And by his further Care in looking into what
had passed between us, he found that the Rope which tied the Ship to the
great Mountain was only fastened with Wampum, which was liable to break
and rot, and to perish in a Course of Years; he therefore told us, he
would give us a Silver Chain, which would be much stronger, and would
last for ever. This we accepted, and fastened the Ship with it, and it
has lasted ever since. Indeed we have had some small Differences with
the _English_, and, during these Misunderstandings, some of their young
Men would, by way of Reproach, be every now and then telling us, that we
should have perished if they had not come into the Country and furnished
us with Strowds and Hatchets, and Guns, and other Things necessary for
the Support of Life; but we always gave them to understand that they
were mistaken, that we lived before they came amongst us, and as well,
or better, if we may believe what our Forefathers have told us. We had
then Room enough, and Plenty of Deer, which was easily caught; and tho'
we had not Knives, Hatchets, or Guns, such as we have now, yet we had
Knives of Stone, and Hatchets of Stone, and Bows and Arrows, and those
served our Uses as well then as the _English_ ones do now. We are now
straitened, and sometimes in want of Deer, and liable to many other
Inconveniencies since the _English_ came among us, and particularly from
that Pen-and-Ink Work that is going on at the Table (_pointing to the
Secretary_) and we will give you an Instance of this. Our Brother
_Onas_, a great while ago, came to _Albany_ to buy the _Sasquahannah_
Lands of us, but our Brother the Governor of _New-York_, who, as we
suppose, had not a good Understanding with our Brother _Onas_, advised
us not to sell him any Land, for he would make an ill Use of it; and,
pretending to be our good Friend, he advised us, in order to prevent
_Onas_'s, or any other Person's imposing upon us, and that we might
always have our Land when we should want it, to put it into his Hands;
and told us, he would keep it for our Use, and never open his Hands, but
keep them close shut, and not part with any of it, but at our Request.
Accordingly we trusted him, and put our Land into his Hands, and charged
him to keep it safe for our Use; but, some Time after, he went to
_England_, and carried our Land with him, and there sold it to our
Brother _Onas_ for a large Sum of Money; and when, at the Instance of
our Brother _Onas_, we were minded to sell him some Lands, he told us we
had sold the _Sasquahannah_ Lands already to the Governor of _New-York_,
and that he had bought them from him in _England_; tho', when he came to
understand how the Governor of _New-York_ had deceived us, he very
generously paid us for our Lands over again.
Tho' we mention this Instance of an Imposition put upon us by the
Governor of _New-York_, yet we must do the _English_ the Justice to say,
we have had their hearty Assistances in our Wars with the _French_, who
were no sooner arrived amongst us than they began to render us uneasy,
and to provoke us to War, and we had several Wars with them; during all
which we constantly received Assistance from the _English_, and, by
their Means, we have always been able to keep up our Heads against their
Attacks.
We now come nearer home. We have had your Deeds interpreted to us, and
we acknowledge them to be good and valid, and that the _Conestogoe_ or
_Sasquahannah Indians_ had a Right to sell those Lands to you, for they
were then theirs; but since that Time we have conquered them, and their
Country now belongs to us, and the Lands we demanded Satisfaction for
are no Part of the Lands comprized in those Deeds; they are the
_Cohongorontas_[6] Lands; those, we are sure, you have not possessed One
Hundred Years, no, nor above Ten Years, and we made our Demands so soon
as we knew your People were settled in those Parts. These have never
been sold, but remain still to be disposed of; and we are well pleased
to hear you are provided with Goods, and do assure you of our
Willingness to treat with you for those unpurchased Lands; in
Confirmation whereof, we present you with this Belt of Wampum.
_Which was received with the usual Ceremonies._
_C A N A S S A T E G O_ added, that as the three Governors of _Virginia,
Maryland_, and _Pensylvania_, had divided the Lands among them, they
could not, for this Reason, tell how much each had got, nor were they
concerned about it, so that they were paid by all the Governors for the
several Parts each possessed, and this they left to their Honour and
Justice.
[Footnote 6: _Cohongorontas_, i. e. _Potomack_.]
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 27, 1744, _A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland._
The Deputies of the _Six Nations._
_Conrad Weiser_, Interpreter.
_The Commissioners of_ Virginia _ordered the Interpreter to let the_
Indians _know the Government of_ Virginia _was going to speak to them,
and then they spoke as follows:_
_Sachems and Warriors of the_ Six United Nations, _our Friends and
Brethren,_
At our Desire the Governor of _Pensylvania_ invited you to this Council
Fire; we have waited a long Time for you, but now you are come, you are
heartily welcome; we are very glad to see you; we give you this String
of Wampum.
_Which was received with their usual Approbation._
_Brethren,_
In the Year 1736, four of your Sachems wrote a Letter to _James Logan_,
Esq; then President of _Pensylvania_, to let the Governor of _Virginia_
know that you expected some Consideration for Lands in the Occupation of
some of the People of _Virginia_. Upon seeing a Copy of this Letter, the
Governor, with the Council of _Virginia_, took some Time to consider of
it. They found, on looking into the old Treaties, that you had given up
your Lands to the Great King, who has had Possession of _Virginia_ above
One Hundred and Sixty Years, and under that Great King the Inhabitants
of _Virginia_ hold their Land, so they thought there might be some
Mistake.
Wherefore they desired the Governor of _New-York_ to enquire of you
about it. He sent his Interpreter to you in _May,_ 1743, who laid this
before you at a Council held at _Onandago_, to which you answer, "That
if you had any Demand or Pretensions on the Governor of _Virginia_ any
way, you would have made it known to the Governor of _New-York_." This
corresponds with what you have said to Governor _Thomas,_ in the Treaty
made with him at _Philadelphia_ in _July_, 1742; for then you only make
your Claim to Lands in the Government of _Maryland_.
We are so well pleased with this good Faith of you our Brethren of the
_Six Nations_, and your Regard to the Treaties made with _Virginia_,
that we are ready to hear you on the Subject of your Message eight years
since.
Tell us what Nations of _Indians_ you conquered any Lands from in
_Virginia_, how long it is since, and what Possession you have had; and
if it does appear, that there is any Land on the Borders of _Virginia_
that the _Six Nations_ have a Right to, we are willing to make you
Satisfaction.
_Then laid down a String of Wampum, which was accepted with the usual
Ceremony, and then added,_
We have a Chest of new Goods, and the Key is in our Pockets. You are our
Brethren; the Great King is our common Father, and we will live with
you, as Children ought to do, in Peace and Love.
We will brighten the Chain, and strengthen the Union between us; so that
we shall never be divided, but remain Friends and Brethren as long as
the Sun gives Light; in Confirmation whereof, we give you this Belt of
Wampum.
_Which was received with the usual Ceremony_.
_T A C H A N O O N T I A_ replied:
_Brother_ Assaragoa,
You have made a good Speech to us, which is very agreeable, and for
which we return you our Thanks. We shall be able to give you an Answer
to every Part of it some Time this Afternoon, and we will let you know
when we are ready.
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 27, 1744, _P. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_T A C H A N O O N T I A spoke as follows_:
_Brother_ Assaragoa,
Since you have joined with the Governor of _Maryland_ and Brother _Onas_
in kindling this Fire, we gladly acknowledge the Pleasure we have in
seeing you here, and observing your good Dispositions as well to
confirm the Treaties of Friendship, as to enter into further Contracts
about Land with us; and, in Token of our Satisfaction, we present you
with this String of Wampum.
_Which was received with the usual Ceremonies_.
_Brother_ Assaragoa,
In your Speech this Morning you were pleased to say we had wrote a
Letter to _James Logan_, about seven Years ago, to demand a
Consideration for our Lands in the Possession of some of the
_Virginians_; that you held them under the Great King for upwards of One
Hundred and Sixty Years, and that we had already given up our Right; and
that therefore you had desired the Governor of _New-York_ to send his
Interpreter to us last Year to _Onandago_, which he did; and, as you
say, we in Council at _Onandago_ did declare, that we had no Demand upon
you for Lands, and that if we had any Pretensions, we should have made
them known to the Governor of _New-York_; and likewise you desire to
know if we have any Right to the _Virginia_ Lands, and that we will make
such Right appear, and tell you what Nations of _Indians_ we conquered
those Lands from.
Now we answer, We have the Right of Conquest, a Right too dearly
purchased, and which cost us too much Blood, to give up without any
Reason at all, as you say we have done at _Albany_; but we should be
obliged to you, if you would let us see the Letter, and inform us who
was the Interpreter, and whose Names are put to that Letter; for as the
whole Transaction cannot be above a Year's standing, it must be fresh in
every Body's Memory, and some of our Council would easily remember it;
but we assure you, and are well able to prove, that neither we, nor any
Part of us, have ever relinquished our Right, or ever gave such an
Answer as you say is mentioned in your Letter. Could we, so few Years
ago, make a formal Demand, by _James Logan_, and not be sensible of our
Right? And hath any thing happened since that Time to make us less
sensible? No; and as this Matter can be easily cleared up, we are
anxious it should be done; for we are positive no such thing was ever
mentioned to us at _Onandago_, nor any where else. All the World knows
we conquered the several Nations living on _Sasquahannah_,
_Cohongoronta_, and on the Back of the Great Mountains in _Virginia_;
the _Conoy-uch-such-roona_, _Coch-now-was-roonan, Tohoa-irough-roonan_,
and _Connutskin-ough-roonaw_, feel the Effects of our Conquests, being
now a Part of our Nations, and their Lands at our Disposal. We know very
well, it hath often been said by the _Virginians_, that the _Great King_
of England, and the People of that Colony, conquered the _Indians_ who
lived there, but it is not true. We will allow they have conquered the
_Sachdagughroonaw_, and drove back the _Tuscarroraws_, and that they
have, on that Account, a Right to some Part of _Virginia_; but as to
what lies beyond the Mountains, we conquered the Nations residing there,
and that Land, if the _Virginians_ ever get a good Right to it, it must
be by us; and in Testimony of the Truth of our Answer to this Part of
your Speech, we give you this String of Wampum
_Which was received with the usual Ceremony_.
_Brother_ Assaragoa,
We have given you a full Answer to the first Part of your Speech, which
we hope will be satisfactory. We are glad to hear you have brought with
you a big Chest of new Goods, and that you have the Key in your Pockets.
We do not doubt but we shall have a good Understanding in all Points,
and come to an Agreement with you.
We shall open all our Hearts to you, that you may know every thing in
them; we will hide nothing from you; and we hope, if there be any thing
still remaining in your Breast that may occasion any Dispute between us,
you will take the Opportunity to unbosom your Hearts, and lay them open
to us, that henceforth there may be no Dirt, nor any other Obstacle in
the Road between us; and in Token of our hearty Wishes to bring about so
good an Harmony, we present you with this Belt of Wampum.
_Which was received with the usual Ceremony_.
_Brother_ Assaragoa,
We must now tell you what Mountains we mean that we say are the
Boundaries between you and us. You may remember, that about twenty Years
ago you had a Treaty with us at _Albany_, when you took a Belt of
Wampum, and made a Fence with it on the Middle of the Hill, and told us,
that if any of the Warriors of the _Six Nations_ came on your Side of
the Middle of the Hill, you would hang them; and you gave us Liberty to
do the same with any of your People who should be found on our Side of
the Middle of the Hill. This is the Hill we mean; and we desire that
Treaty may be now confirmed. After we left _Albany_, we brought our Road
a great deal more to the West, that we might comply with your Proposal;
but, tho' it was of your own making, your People never observed it, but
came and lived on our Side of the Hill, which we don't blame you for, as
you live at a great Distance, near the Seas, and cannot be thought to
know what your People do in the Back-parts: And on their settling,
contrary to your own Proposal, on our new Road, it fell out that our
Warriors did some Hurt to your People's Cattle, of which a Complaint was
made, and transmitted to us by our Brother _Onas_; and we, at his
Request, altered the Road again, and brought it to the Foot of the
Great Mountain, where it now is; and it is impossible for us to remove
it any further to the West, those Parts of the Country being absolutely
impassable by either Man or Beast.
We had not been long in the Use of this new Road before your People
came, like Flocks of Birds, and sat down on both Sides of it, and yet we
never made a Complaint to you, tho' you must be sensible those Things
must have been done by your People in manifest Breach of your own
Proposal made at _Albany_; and therefore, as we are now opening our
Hearts to you, we cannot avoid complaining, and desire all these Affairs
may be settled, and that you may be stronger induced to do us Justice
for what is past, and to come to a thorough Settlement for the future,
we, in the Presence of the Governor of _Maryland_, and Brother Onas,
present you with this Belt of Wampum.
_Which was received with the usual Ceremony_.
_Then_ Tachanoontia _added_:
That he forgot to say, that the Affair of the Road must be looked upon
as a Preliminary to be settled before the Grant of Lands; and, said he,
either the _Virginia_ People must be obliged to remove more Easterly,
or, if they are permitted to stay, our Warriors, marching that Way to
the Southward, shall go Sharers with them in what they plant.
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 28, 1744. _A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
The Governor spoke as follows.
_Friends and Brethren of the_ Six Nations,
I am always sorry when any thing happens that may create the least
Uneasiness between us; but as we are mutually engaged to keep the Road
between us clear and open, and to remove every Obstruction that may lie
in the Way, I must inform you, that three of the _Delaware Indians_
lately murdered _John Armstrong_, an _Indian_ Trader, and his two Men,
in a most barbarous Manner, as he was travelling to _Allegheny_, and
stole his Goods of a considerable Value. _Shickcalamy_, and the
_Indians_ settled at _Shamokin_, did well; they seized two of the
Murderers, and sent them down to our Settlements; but the _Indians_, who
had the Charge of them, afterwards suffered one of them to escape, on a
Pretence that he was not concerned in the bloody Deed; the other is now
in _Philadelphia_ Goal. By our Law all the Accessaries to a Murder are
to be tried, and put to Death, as well as the Person who gave the deadly
Wound. If they consented to it, encouraged it, or any ways assisted in
it, they are to be put to Death, and it is just it should be so. If,
upon Trial, the Persons present at the Murder are found not to have done
any of these Things, they are set at Liberty. Two of our People were,
not many Years ago, publickly put to Death for killing two _Indians_; we
therefore expect you will take the most effectual Measures to seize and
deliver up to us the other two _Indians_ present at these Murders, to be
tried with the Principal now in Custody. If it shall appear, upon their
Trial, that they were not advising, or any way assisting in this horrid
Fact, they will be acquitted, and sent home to their Towns. And that you
may be satisfied no Injustice will be done to them, I do now invite you
to depute three or four _Indians_ to be present at their Trials. I do
likewise expect that you will order strict Search to be made for the
Remainder of the stolen Goods, that they may be restored to the Wife and
Children of the Deceased. That what I have said may have its due Weight
with you, I give you this String of Wampum.
_Which was accepted with the_ Yo-hah.
The Governor afterwards ordered the Interpreter to tell them, he
expected a very full Answer from them, and that they might take their
own Time to give it; for he did not desire to interfere with the
Business of _Virginia_ and _Maryland_.
They said they would take it into Consideration, and give a full Answer.
Then the Commissioners of _Virginia_ let them know, by the Interpreter,
that they would speak to them in the Afternoon.
* * * * *
In the C o u r t-H o u s e Chamber at _Lancaster_, _June_ 28, 1744,
_P. M._
P R E S E N T,
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_The Commissioners desired the Interpreter to tell the_ Indians _they
were going to speak to them_. _Mr._ Weiser _acquainted them herewith_.
_After which the said Commissioners spoke as follows_:
_Our good Friends and Brethren, the_ Six _united_ Nations,
We have considered what you said concerning your Title to some Lands now
in our Province, and also of the Place where they lie. Altho' we cannot
admit your Right, yet we are so resolved to live in Brotherly Love and
Affection with the _Six Nations_, that upon your giving us a Release in
Writing of all your Claim to any Lands in _Maryland_, we shall make you
a Compensation to the Value of Three Hundred Pounds Currency, for the
Payment of Part whereof we have brought some Goods, and shall make up
the rest in what Manner you think fit.
As we intend to say something to you about our Chain of Friendship after
this Affair of the Land is settled, we desire you will now examine the
Goods, and make an End of this Matter.
We will not omit acquainting our good Friends the _Six Nations_, that
notwithstanding we are likely to come to an Agreement about your Claim
of Lands, yet your Brethren of _Maryland_ look on you to be as one Soul
and one Body with themselves; and as a broad Road will be made between
us, we shall always be desirous of keeping it clear, that we may, from
Time to Time, take care that the Links of our Friendship be not rusted.
In Testimony that our Words and our Hearts agree, we give you this Belt
of Wampum.
_On presenting of which the_ Indians _gave the usual Cry of
Approbation_.
Mr. _Weiser_ acquainted the _Indians_, they might now look over the
several Goods placed on a Table in the Chamber for that Purpose; and the
honourable Commissioners bid him tell them, if they disliked any of the
Goods, or, if they were damaged, the Commissioners would put a less
Price on such as were either disliked or damnified.
The _Indians_ having viewed and examined the Goods, and seeming
dissatisfied at the Price and Worth of them, required Time to go down
into the Court-House, in order for a Consultation to be had by the
Chiefs of them concerning the said Goods, and likewise that the
Interpreter might retire with them, which he did. Accordingly they went
down into the Court-House, and soon after returned again into the
Chamber.
Mr. _Weiser_ sat down among the _Indians_, and discoursed them about the
Goods, and in some short Time after they chose the following from among
the others, and the Price agreed to be given for them by the _Six
Nations_ was, _viz_.
_l. s. d._
Four Pieces of Strowds, at 7 _l._ 28 00 00
Two Pieces Ditto, 5 _l._ 10 00 00
Two Hundred Shirts, 63 12 00
Three Pieces Half-Thicks, 11 00 00
Three Pieces Duffle Blankets, at 7 _l._ 21 00 00
One Piece Ditto, 6 10 00
Forty Seven Guns, at 1 _l._ 6 _s._ 61 02 00
One Pound of Vermillion, 00 18 00
One Thousand Flints, 00 18 00
Four Dozen Jews Harps, 00 14 00
One Dozen Boxes, 00 1 00
One Hundred Two Quarters Bar-Lead, 3 00 00
Two Quarters Shot, 1 00 00
Two Half-Barrels of Gun-Powder, 13 00 00
_________
220 15 00
_Pensylvannia Currency_.
When the _Indians_ had agreed to take these Goods at the Rates above
specified, they informed the Interpreter, that they would give an Answer
to the Speech made to them this Morning by the honourable the
Commissioners of _Maryland_, but did not express the Time when such
Answer should be made. At 12 o'Clock the Commissioners departed the
Chamber.
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 28, 1744. _P. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_The Commissioners of_ Virginia _desired the Interpreter to let the_
Indians _know, that their Brother_ Assaragoa _was now going to give his
Reply to their Answer to his first Speech, delivered them the Day before
in the Forenoon_.
_Sachems and Warriors of the united_ Six Nations,
We are now come to answer what you said to us Yesterday, since what we
said to you before on the Part of the Great King, our Father, has not
been satisfactory. You have gone into old Times, and so must we. It is
true that the Great King holds _Virginia_ by Right of Conquest, and the
Bounds of that Conquest to the Westward is the Great Sea.
If the _Six Nations_ have made any Conquest over _Indians_ that may at
any Time have lived on the West-side of the Great Mountains of
_Virginia_, yet they never possessed any Lands there that we have ever
heard of. That Part was altogether deserted, and free for any People to
enter upon, as the People of _Virginia_ have done, by Order of the Great
King, very justly, as well by ancient Right, as by its being freed from
the Possession of any other, and from any Claim even of you the _Six
Nations_, our Brethren, until within these eight Years. The first Treaty
between the Great King, in Behalf of his Subjects of _Virginia_, and
you, that we can find, was made at _Albany_, by Colonel _Henry Coursey_,
Seventy Years since; this was a Treaty of Friendship, when the first
Covenant Chain was made, when we and you became Brethren.
The next Treaty was also at _Albany_, above Fifty-eight Years ago, by
the Lord _Howard_, Governor of _Virginia_; then you declared yourselves
Subjects to the Great King, our Father, and gave up to him all your
Lands for his Protection. This you own in a Treaty made by the Governor
of _New-York_ with you at the same Place in the Year 1687, and you
express yourself in these Words, "Brethren, you tell us the King of
_England_ is a very great King, and why should not you join with us in a
very just Cause, when the _French_ join with our Enemies in an unjust
Cause? O Brethren, we see the Reason of this; for the _French_ would
fain kill us all, and when that is done, they would carry all the Beaver
Trade to _Canada_, and the _Great King of_ England would lose the Land
likewise; and therefore, O Great Sachem, beyond the Great Lakes, awake,
and suffer not those poor _Indians_, that have given themselves and
their Lands under your Protection, to be destroyed by the _French_
without a Cause."
The last Treaty we shall speak to you about is that made at _Albany_ by
Governor _Spotswood_, which you have not recited as it is: For the white
People, your Brethren of _Virginia_, are, in no Article of that Treaty,
prohibited to pass, and settle to the Westward of the Great Mountains.
It is the _Indians_, tributary to _Virginia_, that are restrained, as
you and your tributary _Indians_ are from passing to the Eastward of the
same Mountains, or to the Southward of _Cohongorooton_, and you agree to
this Article in these Words; "That the Great River of _Potowmack_, and
the high Ridge of Mountains, which extend all along the Frontiers of
_Virginia_ to the Westward of the present Settlements of that Colony,
shall be for ever the established Boundaries between the _Indians_
subject to the Dominions of _Virginia_, and the _Indians_ belonging to
and depending on the _Five Nations_; so that neither our _Indians_ shall
on any Pretence whatsoever, pass to Northward or Westward of the said
Boundaries, without having to produce a Passport under the Hand and Seal
of the Governor or Commander in Chief of _Virginia_; nor your _Indians_
to pass to the Southward or Eastward of the said Boundaries, without a
Passport in like Manner from the Governor or Commander in Chief of
_New-York_."
And what Right can you have to Lands that you have no Right to walk
upon, but upon certain Conditions? It is true, you have not observed
this Part of the Treaty, and your Brethren of _Virginia_ have not
insisted upon it with a due Strictness, which has occasioned some
Mischief.
This Treaty has been sent to the Governor of _Virginia_ by Order of the
Great King, and is what we must rely on, and, being in Writing, is more
certain than your Memory. That is the Way the white People have of
preserving Transactions of every Kind, and transmitting them down to
their Childrens Children for ever, and all Disputes among them are
settled by this faithful kind of Evidence, and must be the Rule between
the Great King and you. This Treaty your Sachems and Warriors signed
some Years after the same Governor _Spotswood_, in the Right of the
Great King, had been, with some People of _Virginia_, in Possession of
these very Lands, which you have set up your late Claim to.
The Commissioners for _Indian_ Affairs at _Albany_ gave the Account we
mentioned to you Yesterday to the Governor of _New-York_, and he sent it
to the Governor of _Virginia_; their Names will be given you by the
Interpreter.
_Brethren_,
This Dispute is not between _Virginia_ and you; it is setting up your
Right against the Great King, under whose Grants the People you complain
of are settled. Nothing but a Command from the Great King can remove
them; they are too powerful to be removed by any Force of you, our
Brethren; and the Great King, as our common Father, will do equal
Justice to all his Children; wherefore we do believe they will be
confirmed in their Possessions.
As to the Road you mention, we intended to prevent any Occasion for it,
by making a Peace between you and the Southern _Indians_, a few Years
since, at a considerable Expence to our Great King, which you confirmed
at _Albany_. It seems, by your being at War with the _Catawbas_, that
it has not been long kept between you.
However, if you desire a Road, we will agree to one on the Terms of the
Treaty you made with Colonel _Spotswood_, and your People, behaving
themselves orderly like Friends and Brethren, shall be used in their
Passage through _Virginia_ with the same Kindness as they are when they
pass through the Lands of your Brother _Onas_. This we hope, will be
agreed to by you our Brethren, and we will abide by the Promise made to
you Yesterday.
We may proceed to settle what we are to give you for any Right you may
have, or have had to all the Lands to the Southward and Westward of the
Lands of your Brother the Governor of _Maryland_, and of your Brother
Onas; tho' we are informed that the Southern _Indians_ claim these very
Lands that you do.
We are desirous to live with you, our Brethren, according to the old
Chain of Friendship, to settle all these Matters fairly and honestly;
and, as a Pledge of our Sincerity, we give you this Belt of Wampum.
_Which was received with the usual Ceremony_.
* * * * *
In the C o u r t-H o u s e Chamber at _Lancaster_, _June_ 29, 1744,
_A. M._
P R E S E N T,
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_Mr._ Weiser _informed the honourable Commissioners_, _that the_ Indians
_were ready to give their Answer to the Speech made to them here
Yesterday Morning by the Commissioners_; _whereupon_ Canassatego _spoke
as follows, looking on a Deal-board, where were some black Lines,
describing the Courses of_ Potowmack _and_ Sasquahanna:
_Brethren_,
Yesterday you spoke to us concerning the Lands on this Side _Potowmack_
River, and as we have deliberately considered what you said to us on
that Matter, we are now very ready to settle the Bounds of such Lands,
and release our Right and Claim thereto.
We are willing to renounce all Right to Lord _Baltimore_ of all those
Lands lying two Miles above the uppermost Fork of _Potowmack_ or
_Cohongoruton_ River, near which _Thomas Cressap_ has a hunting or
trading Cabin, by a North-line, to the Bounds of _Pensylvania_. But in
case such Limits shall not include every Settlement or Inhabitant of
_Maryland_, then such other Lines and Courses, from the said two Miles
above the Forks, to the outermost Inhabitants or Settlements, as shall
include every Settlement and Inhabitant in _Maryland_, and from thence,
by a North-line, to the Bounds of _Pensylvannia_, shall be the Limits.
And further, If any People already have, or shall settle beyond the
Lands now described and bounded, they shall enjoy the same free from any
Disturbance whatever, and we do, and shall accept these people for our
Brethren, and as such always treat them.
We earnestly desire to live with you as Brethren, and hope you will shew
us all Brotherly Kindness; in Token whereof, we present you with a Belt
of Wampum.
_Which was received with the usual Ceremony_.
Soon after the Commissioners and _Indians_ departed from the Court-House
Chamber.
* * * * *
In the C o u r t-H o u s e Chamber at _Lancaster_, _June_ 30, 1744,
_A. M._
P R E S E N T,
The Honourable the Commissioners of _Virginia_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
Gachradodow, _Speaker for the_ Indians, _in answer to the Commissioners
Speech at the last Meeting_, _with a strong Voice, and proper Action,
spoke as follows_:
_Brother_ Assaragoa,
The World at the first was made on the other Side of the Great Water
different from what it is on this Side, as may be known from the
different Colours of our Skin, and of our Flesh, and that which you call
Justice may not be so amongst us; you have your Laws and Customs, and so
have we. The Great King might send you over to conquer the _Indians_,
but it looks to us that God did not approve of it; if he had, he would
not have placed the Sea where it is, as the Limits between us and you.
_Brother_ Assaragoa,
Tho' great Things are well remembered among us, yet we don't remember
that we were ever conquered by the Great King, or that we have been
employed by that Great King to conquer others; if it was so, it is
beyond our Memory. We do remember we were employed by _Maryland_ to
conquer the _Conestogoes_, and that the second time we were at War with
them, we carried them all off.
_Brother_ Assaragoa,
You charge us with not acting agreeable to our Peace with the
_Catawbas_, we will repeat to you truly what was done. The Governor of
_New-York_, at _Albany_, in Behalf of _Assaragoa_, gave us several Belts
of Wampum from the _Cherikees_ and _Catawbas_, and we agreed to a Peace,
if those Nations would send some of their great Men to us to confirm it
Face to Face, and that they would trade with us; and desired that they
would appoint a Time to meet at _Albany_ for that Purpose, but they
never came.
_Brother_ Assaragoa,
We then desired a Letter might be sent to the _Catawbas_ and
_Cherikees_, to desire them to come and confirm the Peace. It was long
before an Answer came; but we met the _Cherikees_, and confirmed the
Peace, and sent some of our People to take care of them, until they
returned to their own Country.
The _Catawbas_ refused to come, and sent us word, That we were but
Women, that they were Men, and double Men, that they could make Women of
us, and would be always at War with us. They are a deceitful People. Our
Brother _Assaragoa_ is deceived by them; we don't blame him for it, but
are sorry he is so deceived.
_Brother_ Assaragoa,
We have confirmed the Peace with the _Cherikees_, but not with the
_Catawbas_. They have been treacherous, and know it; so that the War
must continue till one of us is destroyed. This we think proper to tell
you, that you may not be troubled at what we do to the _Catawbas_.
_Brother_ Assaragoa,
We will now speak to the Point between us. You say you will agree with
us as to the Road; we desire that may be the Road which was last made
(the Waggon-Road.) It is always, a Custom among Brethren or Strangers to
use each other kindly; you have some very ill-natured People living up
there; so that we desire the Persons in Power may know that we are to
have reasonable Victuals when we are in want.
You know very well, when the white People came first here they were
poor; but now they have got our Lands, and are by them become rich, and
we are now poor; what little we have had for the Land goes soon away,
but the Land lasts for ever. You told us you had brought with you a
Chest of Goods, and that you have the Key in your Pockets; but we have
never seen the Chest, nor the Goods that are said to be in it; it may be
small, and the Goods few; we want to see them, and are desirous to come
to some Conclusion. We have been sleeping here these ten Days past, and
have not done any thing to the Purpose.
The Commissioners told them they should see the Goods on _Monday_.
* * * * *
In the C o u r t-H o u s e at _Lancaster, June_ 30, 1744, _P. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable Commissioner of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
The three Governments entertained the _Indians_, and all the Gentlemen
in Town, with a handsome Dinner. The _Six Nations_, in their Order,
having returned Thanks with the usual Solemnity of _Yo-ha-han_, the
Interpreter informed the Governor and the Commissioners, that as the
Lord Proprietor and Governor of _Maryland_ was not known to the
_Indians_ by any particular Name, they had agreed, in Council, to take
the first Opportunity of a large Company to present him with one; and as
this with them is deemed a Matter of great Consequence, and attended
with Abundance of Form, the several Nations had drawn Lots for the
Performance of the Ceremony, and the Lot falling on the _Cayogo_ Nation,
they had chosen _Gachradodow_, one of their Chiefs, to be their Speaker,
and he desired Leave to begin; which being given, he, on an elevated
Part of the Court-House, with all the Dignity of a Warrior, the Gesture
of an Orator, and in a very graceful Posture, said that:
"As the Governor of _Maryland_ had invited them here to treat about
their Lands, and brighten the Chain of Friendship, the united Nations
thought themselves so much obliged to them, that they had come to a
Resolution in Council to give to the great Man, who is Proprietor of
_Maryland_, a particular Name, by which they might hereafter correspond
with him; and as it had fallen to the _Cayogoes_ Lot in Council to
consider of a proper Name for that chief Man, they had agreed to give
him the Name of _Tocarry-hogan_, denoting Precedency, Excellency, or
living in the middle or honourable Place betwixt _Assaragoa_ and their
Brother _Onas_, by whom their Treaties might be better carried on." And
then, addressing himself to his Honour the Governor of _Pensylvania_,
the honourable the Commissioners of _Virginia_ and _Maryland_, and to
the Gentlemen then present, he proceeded:
"As there is a Company of great Men now assembled, we take this Time and
Opportunity to publish this Matter, that it may be known _Tocarry-hogan_
is our Friend, and that we are ready to honour him, and that by such
Name he may be always called and known among us. And we hope he will
ever act towards us according to the Excellency of the Name we have now
given him, and enjoy a long and happy Life."
The honourable the Governor and Commissioners, and all the Company
present, returned the Compliment with three Huzza's, and, after drinking
Healths to our gracious King and the _Six Nations_, the Commissioners of
_Maryland_ proceeded to Business in the Court-House Chamber with the
_Indians_, where _Conrad Weiser_, the Interpreter, was present.
The honourable the Commissioners ordered Mr. _Weiser_ to tell the
_Indians_, that a Deed, releasing all their Claim and Title to certain
Lands lying in the Province of _Maryland_, which by them was agreed to
be given and executed for the Use of the Lord Baron of _Baltimore_,
Lord Proprietary of that Province, was now on the Table, and Seals ready
fixed thereto. The Interpreter acquainted them therewith as desired, and
then gave the Deed to _Canassatego_, the Speaker, who made his Mark, and
put his Seal, and delivered it; after which, thirteen other Chiefs or
Sachems of the _Six Nations_ executed it in the same Manner, in the
Presence of the honourable the Commissioners of _Virginia_, and divers
other Gentlemen of that Colony, and of the Provinces of _Pensylvania_
and _Maryland_.
* * * * *
At the House of Mr. _George Sanderson_ in _Lancaster_, _July_ 2,
1744, _A. M._
P R E S E N T,
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
The several Chiefs of the _Indians_ of the _Six Nations_, who had not
signed the Deed of Release of their Claim to some Lands in _Maryland_,
tendered to them on _Saturday_ last, in the Chamber of the Court-House
in this Town, did now readily execute the same, and caused Mr. _Weiser_
likewise to sign it, as well with his _Indian_, as with his own proper
Name of _Weiser_, as a Witness and Interpreter.
* * * * *
In the C o u r t-H o u s e at _Lancaster, July_ 2, 1744, _A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_ Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_C A N A S S A T E G O spoke as follows_:
_Brother_ Onas,
The other Day you was pleased to tell us, you were always concerned
whenever any thing happened that might give you or us Uneasiness, and
that we were mutually engaged to preserve the Road open and clear
between us; and you informed us of the Murder of _John Armstrong_, and
his two Men, by some of the _Delaware Indians_, and of their stealing
his Goods to a considerable Value. The _Delaware Indians_, as you
suppose, are under our Power. We join with you in your Concern for such
a vile Proceeding; and, to testify that we have the same Inclinations
with you to keep the Road clear, free and open, we give you this String
of Wampum.
_Which was received with the usual Ceremony_.
_Brother_ Onas,
These Things happen frequently, and we desire you will consider them
well, and not be too much concerned. Three _Indians_ have been killed
at different Times at _Ohio_, and we never mentioned any of them to you,
imagining it might have been occasioned by some unfortunate Quarrels,
and being unwilling to create a Disturbance. We therefore desire you
will consider these Things well, and, to take the Grief from your Heart,
we give you this String of Wampum.
_Which was received with the usual Ceremonies_.
_Brother_ Onas,
We have heard of the Murder of _John Armstrong_, and, in our Journey
here, we had Conference with our Cousins the _Delawares_ about it, and
reproved them severely for it, and charged them to go down to our
Brother _Onas_, and make him Satisfaction, both for the Men that were
killed, and for the Goods. We understood, by them, that the principal
Actor in these Murders is in your Prison, and that he had done all the
Mischief himself; but that besides him, you had required and demanded
two others who were in his Company when the Murders were committed. We
promise faithfully, in our Return, to renew our Reproofs, and to charge
the _Delawares_ to send down some of their Chiefs with these two young
Men (but not as Prisoners) to be examined by you; and as we think, upon
Examination, you will not find them guilty, we rely on your Justice not
to do them any Harm, but to permit them to return home in Safety.
We likewise understand, that Search has been made for the Goods
belonging to the Deceased, and that some have been already returned to
your People, but that some are still missing. You may depend upon our
giving the strictest Charge to the _Delawares_ to search again with more
Diligence for the Goods, and to return them, or the Value of them, in
Skins. And, to confirm what we have said, we give you this String of
Wampum.
_Which was received with the usual Ceremonies_.
_Brother_ Onas,
The _Conoy Indians_ have informed us, that they sent you a Message, some
Time ago, to advise you, that they were ill used by the white People in
the Place where they had lived, and that they had come to a Resolution
of removing to _Shamokin_, and requested some small Satisfaction for
their Land; and as they never have received any Answer from you, they
have desired us to speak for them; we heartily recommend their Case to
your Generosity. And, to give Weight to our Recommendation, we present
you with this String of Wampum.
_Which was received with the usual Ceremony_.
_The Governor having conferred a little Time with the honourable
Commissioners of_ Virginia _and_ Maryland, _made the following Reply_:
_Brethren_,
I am glad to find that you agree with me in the Necessity of keeping the
Road between us clear and open, and the Concern you have expressed on
account of the barbarous Murders mentioned to you, is a Proof of your
Brotherly Affection for us. If Crimes of this Nature be not strictly
enquired into, and the Criminals severely punished, there will be an End
of all Commerce between us and the _Indians_, and then you will be
altogether in the Power of the _French_. They will set what Price they
please on their own Goods, and give you what they think fit for your
Skins; so it is for your own Interest that our Traders should be safe in
their Persons and Goods when they travel to your Towns.
_Brethren_,
I considered this Matter well before I came from _Philadelphia_, and I
advised with the Council there upon it, as I have done here with the
honourable the Commissioners of _Virginia_ and _Maryland_. I never heard
before of the Murder of the three _Indians_ at _Ohio_; had Complaint
been made to me of it, and it had appeared to have been committed by any
of the People under my Government, they should have been put to Death,
as two of them were, some Years ago, for killing two _Indians_. You are
not to take your own Satisfaction, but to apply to me, and I will see
that Justice be done you; and should any of the _Indians_ rob or murder
any of our People, I do expect that you will deliver them up to be tried
and punished in the same Manner as white People are. This is the Way to
preserve Friendship between us, and will be for your Benefit as well as
ours. I am well pleased with the Steps you have already taken, and the
Reproofs you have given to your Cousins the _Delawares_, and do expect
you will lay your Commands upon some of their Chiefs to bring down the
two young Men that were present at the Murders; if they are not brought
down, I shall look upon it as a Proof of their Guilt.
If, upon Examination, they shall be found not to have been concerned in
the bloody Action, they shall be well used, and sent home in Safety: I
will take it upon myself to see that they have no Injustice done them.
An Inventory is taken of the Goods already restored, and I expect
Satisfaction will be made for such as cannot be found, in Skins,
according to Promise.
I well remember the coming down of one of the _Conoy Indians_ with a
Paper, setting forth, That the _Conoys_ had come to a Resolution to
leave the Land reserved for them by the Proprietors, but he made no
Complaint to me of ill Usage from the white People. The Reason he gave
for their Removal was, That the settling of the white People all round
them had made Deer scarce, and that therefore they chose to remove to
_Juniata_ for the Benefit of Hunting. I ordered what they said to be
entered in the Council-Book. The old Man's Expences were born, and a
Blanket given him at his Return home. I have not yet heard from the
Proprietors on this Head; but you may be assured, from the Favour and
Justice they have always shewn to the _Indians_, that they will do every
thing that may be reasonably expected of them in this Case.
* * * * *
In the C o u r t-H o u s e Chamber at _Lancaster_, _July_ 2, 1744,
_P. M._
P R E S E N T,
The Honourable the Commissioners of _Virginia_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_The_ Indians _being told, by the Interpreter, that their Brother_
Assaragoa _was going to speak to them, the Commissioners spoke as
follows_:
_Sachems and Warriors, our Friends and Brethren_,
As we have already said enough to you on the Subject of the Title to the
Lands you claim from _Virginia_, we have no Occasion to say any thing
more to you on that head, but come directly to the Point.
We have opened the Chest, and the Goods are now here before you; they
cost Two Hundred Pounds _Pensylvania_ Money, and were bought by a Person
recommended to us by the Governor of _Pensylvania_ with ready Cash. We
ordered them to be good in their Kinds, and we believe they are so.
These Goods, and Two Hundred Pounds in Gold, which lie on the Table, we
will give you, our Brethren of the _Six Nations_, upon Condition that
you immediately make a Deed recognizing the King's Right to all the
Lands that are, or shall be, by his Majesty's Appointment in the Colony
of _Virginia_.
As to the Road, we agree you shall have one, and the Regulation is in
Paper, which the Interpreter now has in his Custody to shew you. The
People of _Virginia_ shall perform their Part, if you and your _Indians_
perform theirs; we are your Brethren, and will do no Hardships to you,
but, on the contrary, all the Kindness we can.
The _Indians_ agreed to what was said, and _Canassatego_ desired they
would represent their Case to the King, in order to have a further
Consideration when the Settlement increased much further back. To which
the Commissioners agreed, and promised they would make such a
Representation faithfully and honestly; and, for their further Security
that they would do so, they would give them a Writing, under their Hands
and Seals, to that Purpose.
They desired that some Rum might be given them to drink on their Way
home, which the Commissioners agreed to, and paid them in Gold for that
Purpose, and the Carriage of their Goods from _Philadelphia_, Nine
Pounds Thirteen Shillings, and Three-pence, _Pensylvania_ Money.
_Canassatego_ further said, That as their Brother _Tocarry-hogan_ sent
them provision on the Road here, which kept them from starving, he hoped
their Brother _Assaragoa_ would do the same for them back, and have the
Goods he gave them carried to the usual Place; which the Commissioners
agreed to, and ordered Provisions and Carriages to be provided
accordingly.
After this Conference the Deed was produced, and the Interpreter
explained it to them; and they, according to their Rank and Quality,
put their Marks and Seals to it in the Presence of several Gentlemen of
_Maryland, Pensylvania_ and _Virginia_; and when they delivered the
Deed, _Canassatego_ delivered it for the Use of their Father, the Great
King, and hoped he would consider them; on which the Gentlemen and
_Indians_ then present gave three Shouts.
* * * * *
In the C o u r t-H o u s e at _Lancaster, Tuesday_, _July_ 3, 1744,
_A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_, Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_The_ Governor _spoke as follows_:
_Friends and Brethren of the_ Six Nations,
At a Treaty held with many of the Chiefs of your Nations Two Years ago,
the Road between us was made clearer and wider; our Fire was enlarged,
and our Friendship confirmed by an Exchange of Presents, and many other
mutual good Offices.
We think ourselves happy in having been instrumental to your meeting
with our Brethren of _Virginia_ and _Maryland_; and we persuade
ourselves, that you, on your Parts, will always remember it as an
instance of our Good-will and Affection for you. This has given us an
Opportunity of seeing you sooner than perhaps we should otherwise have
done; and, as we are under mutual Obligations by Treaties, we to hear
with our Ears for you, and you to hear with your Ears for us, we take
this Opportunity to inform you of what very nearly concerns us both.
The _great King of_ England and the _French_ King have declared War
against each other. Two Battles have been fought, one by Land, and the
other by Sea. The _great King of_ England commanded the Land-Army in
Person, and gained a compleat Victory. Numbers of the _French_ were
killed and taken Prisoners, and the rest were forced to pass a River
with Precipitation to save their Lives. The Great God covered the King's
Head in that Battle, so that he did not receive the least Hurt; for
which you, as well as we, have Reason to be very thankful.
The Engagement at Sea was likewise to the Advantage of the _English_.
The _French_ and _Spaniards_ joined their Ships together, and came out
to fight us. The brave _English_ Admiral burnt one of their largest
Ships, and many others were so shattered, that they were glad to take
the Opportunity of a very high Wind, and a dark Night, to run away, and
to hide themselves again in their own Harbours. Had the Weather proved
fair, he would, in all Probability, have taken or destroyed them all.
I need not put you in mind how much _William Penn_ and his Sons have
been your Friends, and the Friends of all the _Indians_. You have long
and often experienced their Friendship for you; nor need I repeat to you
how kindly you were treated, and what valuable Presents were made to you
two Years ago by the Governor, the Council, and the Assembly of
_Pensylvania_. The Sons of _William Penn_ are all now in _England_, and
have left me in their Place, well knowing how much I regard you and all
the _Indians_. As a fresh Proof of this, I have left my House, and am
come thus far to see you, to renew our Treaties, to brighten the
Covenant-Chain, and to confirm our Friendship with you. In Testimony
whereof, I present you with this Belt of Wampum.
_Which was received with the_ Yo-hah.
As your Nations have engaged themselves by Treaty to assist us, your
Brethren of _Pensylvania_, in case of a War with the _French_, we do not
doubt but you will punctually perform an Engagement so solemnly entered
into. A War is now declared, and we expect that you will not suffer the
_French_, or any of the _Indians_ in Alliance with them, to march
through your Country to disturb any of our Settlements; and that you
will give us the earliest and best Intelligence of any Designs that may
be formed by them to our Disadvantage, as we promise to do of any that
may be to yours. To enforce what I have now said to you in the strongest
Manner, I present you with this Belt of Wampum.
_Which was received with the_ Yo-hah.
_After a little Pause his Honour, the_ Governor, _spoke again_:
_Friends and Brethren of the_ Six Nations,
What I have now said to you is in Conformity to Treaties subsisting
between the Province of which I am Governor and your Nations. I now
proceed, with the Consent of the honourable Commissioners for _Virginia_
and _Maryland_, to tell you, that all Differences having been adjusted,
and the Roads between us and you made quite clear and open, we are ready
to confirm our Treaties with your Nations, and establish a Friendship
that is not to end, but with the World itself. And, in Behalf of the
Province of _Pensylvania_, I do, by this fine Belt of Wampum, and a
Present of Goods, to the Value of three hundred Pounds, confirm and
establish the said Treaties of Peace, Union and Friendship, you on your
Parts doing the same.
_Which was received with a loud_ Yo-hah.
The Governor further added, The Goods bought with the one hundred Pounds
Sterling, put into my Hands by the Governor of _Virginia_, are ready to
be delivered when you please. The Goods bought and sent up by the People
of the Province of _Pensylvania_, according to the List which the
Interpreter will explain, are laid by themselves, and are likewise ready
to be delivered to you at your own time.
_After a little Pause the Commissioners of_ Virginia _spoke as follows_:
_Sachems and Warriors of the_ Six Nations,
The Way between us being made smooth by what passed Yesterday, we desire
now to confirm all former Treaties made between _Virginia_ and you, our
Brethren of the _Six Nations_, and to make our Chain of Union and
Friendship as bright as the Sun, that it may not contract any more Rust
for ever; that our Childrens Children may rejoice at, and confirm what
we have done; and that you and your Children may not forget it, we give
you one hundred Pounds in Gold, and this Belt of Wampum.
_Which was received with the usual Ceremony_.
_Friends and Brethren_,
Altho' we have been disappointed in our Endeavours to bring about a
Peace between you and the _Catawbas_, yet we desire to speak to you
something more about them. We believe they have been unfaithful to you,
and spoke of you with a foolish Contempt; but this may be only the
Rashness of some of their young Men. In this Time of War with our
common Enemies the _French_ and _Spaniards_, it will be the wisest way
to be at Peace among ourselves. They, the _Catawbas_, are also Children
of the great King, and therefore we desire you will agree, that we may
endeavour to make a Peace between you and them, that we may be all
united by one common Chain of Friendship. We give you this String of
Wampum.
_Which was received with the usual Ceremony_.
_Brethren_,
Our Friend, _Conrad Weiser_, when he is old, will go into the other
World, as our Fathers have done, our Children will then want such a
Friend to go between them and your Children, to reconcile any
Differences that may happen to arise between them, that, like him, may
have the Ears and Tongues of our Children and yours.
The Way to have such a Friend, is for you to send three or four of your
Boys to _Virginia_, where we have a fine House for them to live in, and
a Man on purpose to teach the Children of you, our Friends, the
Religion, Language and Customs of the white People. To this Place we
kindly invite you to send some of your Children; and we promise you they
shall have the same Care taken of them, and be instructed in the same
Manner as our own Children, and be returned to you again when you
please; and, to confirm this, we give you this String of Wampum.
_Which was received with the usual Ceremony_.
_Then the Commissioners of_ Maryland _spoke as follows_:
_Friends and Brethren, the Chiefs or Sachems of the_ Six _united_
Nations,
The Governor of _Maryland_ invited you hither, we have treated you as
Friends, and agreed with you as Brethren.
As the Treaty now made concerning the Lands in _Maryland_ will, we hope,
prevent effectually every future Misunderstanding between us on that
Account, we will now bind faster the Links of our Chain of Friendship,
by a Renewal of all our former Treaties; and that they may still be the
better secured, we shall present you with one hundred Pounds in Gold.
What we have further to say to you is, Let not our Chain contract any
Rust; whenever you perceive the least Speck, tell us of it, and we will
make it clean. This we also expect of you, that it may always continue
so bright as our Generations may see their Faces in it; and, in Pledge
of the Truth of what we have now spoken, and our Affection to you, we
give you this Belt of Wampum.
_Which was received with the usual Ceremony._
_C A N A S S A T E G O, in return, spoke as follows_:
_Brother_ Onas, Assaragoa, _and_ Tocarry-hogan,
We return you Thanks for your several Speeches, which are very agreeable
to us. They contain Matters of such great Moment, that we propose to
give them a very serious Consideration, and to answer them suitably to
their Worth and Excellence; and this will take till to-morrow Morning,
and when we are ready we will give you due Notice.
You tell us you beat the _French_; if so, you must have taken a great
deal of Rum from them, and can the better spare us some of that Liquor
to make us rejoice with you in the Victory.
The Governor and Commissioners ordered a Dram of Rum to be given to each
in a small Glass, calling it, _A French Glass_.
* * * * *
In the C o u r t-H o u s e at _Lancaster, July 4, 1744, A. M._
P R E S E N T,
The Honourable _G E O R G E T H O M A S_ Esq; Governor, &c.
The Honourable the Commissioners of _Virginia_.
The Honourable the Commissioners of _Maryland_.
The Deputies of the _Six Nations_.
_Conrad Weiser_, Interpreter.
_C A N A S S A T E G O Speaker._
_Brother_ Onas,
Yesterday you expressed your Satisfaction in having been instrumental to
our meeting with our Brethren of _Virginia_ and _Maryland_, we, in
return, assure you, that we have great Pleasure in this Meeting, and
thank you for the Part you have had in bringing us together, in order to
create a good Understanding, and to clear the Road; and, in Token of our
Gratitude, we present you with this String of Wampum.
_Which was received with the usual Ceremony._
_Brother_ Onas,
You was pleased Yesterday to inform us, "That War had been declared
between _the great King of_ England and the _French_ King; that two
great Battles had been fought, one by Land, and the other at Sea; with
many other Particulars." We are glad to hear the Arms of the King of
_England_ were successful, and take part with you in your Joy on this
Occasion. You then came nearer Home, and told us, "You had left your
House, and were come thus far on Behalf of the whole People of
_Pensylvania_ to see us; to renew your Treaties, to brighten the
Covenant-Chain, and to confirm your Friendship with us." We approve
this Proposition, we thank you for it. We own, with Pleasure, that the
Covenant-Chain between us and _Pensylvania_ is of old Standing, and has
never contracted any Rust; we wish it may always continue as bright as
it has done hitherto; and, in Token of the Sincerity of our Wishes, we
present you with this Belt of Wampum.
_Which was received with the_ Yo-hah.
_Brother Onas_,
You was pleased Yesterday to remind us of our mutual Obligation to
assist each other in case of a War with the _French_, and to repeat the
Substance of what we ought to do by our Treaties with you; and that as a
War had been already entered into with the _French_, you called upon us
to assist you, and not to suffer the _French_ to march through our
Country to disturb any of your Settlements.
In answer, we assure you we have all these Particulars in our Hearts,
they are fresh in our Memory. We shall never forget that you and we have
but one Heart, one Head, one Eye, one Ear, and one Hand. We shall have
all your Country under our Eye, and take all the Care we can to prevent
any Enemy from coming into it; and, in proof of our Care, we must inform
you, that before we came here, we told _Onandio_[7], our Father, as he
is called, that neither he, nor any of his People, should come through
our Country, to hurt our Brethren the _English_, or any of the
Settlements belonging to them; there was Room enough at Sea to fight,
there he might do what he pleased, but he should not come upon our Land
to do any Damage to our Brethren. And you may depend upon our using our
utmost Care to see this effectually done; and, in Token of our
Sincerity, we present you with this Belt of Wampum.
_Which was received with the usual Ceremony._
_After some little Time the Interpreter said_, Canassatego _had forgot
something material, and desired to mend his Speech, and to do so as
often as he should omit any thing of Moment, and thereupon he added:_
The _Six Nations_ have a great Authority and Influence over sundry
Tribes of _Indians_ in Alliance with the _French_, and particularly over
the _Praying Indians_, formerly a Part with ourselves, who stand in the
very Gates of the _French_; and, to shew our further Care, we have
engaged these very _Indians_, and other _Indian_ Allies of the _French_
for you. They will not join the _French_ against you. They have agreed
with us before we set out. We have put the Spirit of Antipathy
against the _French_ in those People. Our Interest is very considerable
with them, and many other Nations, and as far as ever it extends, we
shall use it for your Service.
The Governor said, _Canassatego_ did well to mend his Speech; he might
always do it whenever his Memory should fail him in any Point of
Consequence, and he thanked him for the very agreeable Addition.
_Brother_ Assaragoa,
You told us Yesterday, that all Disputes with you being now at an end,
you desired to confirm all former Treaties between _Virginia_ and us,
and to make our Chain of Union as bright as the Sun.
We agree very heartily with you in these Propositions; we thank you for
your good Inclinations; we desire you will pay no Regard to any idle
Stories that may be told to our Prejudice. And, as the Dispute about the
Land is now intirely over, and we perfectly reconciled, we hope, for the
future, we shall not act towards each other but as becomes Brethren and
hearty Friends.
We are very willing to renew the Friendship with you, and to make it as
firm as possible, for us and our Children with you and your Children to
the latest Generation, and we desire you will imprint these Engagements
on your Hearts in the strongest Manner; and, in Confirmation that we
shall do the same, we give you this Belt of Wampum.
_Which was received with_ Yo-hah _from the Interpreter, and all the
Nations_.
_Brother_ Assaragoa,
You did let us know Yesterday, that tho' you had been disappointed in
your Endeavours to bring about a Peace between us and the _Catawbas_,
yet you would still do the best to bring such a Thing about. We are well
pleased with your Design, and the more so, as we hear you know what sort
of People the _Catawbas_ are, that they are spiteful and offensive, and
have treated us contemptuously. We are glad you know these Things of the
_Catawbas_; we believe what you say to be true, that there are,
notwithstanding, some amongst them who are wiser and better; and, as you
say, they are your Brethren, and belong to the great King over the
Water, we shall not be against a Peace on reasonable Terms, provided
they will come to the Northward to treat about it. In Confirmation of
what we say, and to encourage you in your Undertaking, we give you this
String of Wampum.
_Which was received with the usual Ceremonies_.
_Brother_ Assaragoa,
You told us likewise, you had a great House provided for the Education
of Youth, and that there were several white People and _Indians_
Children there to learn Languages, and to write and read, and invited us
to send some of our Children amongst you, &c.
We must let you know we love our Children too well to send them so great
a Way, and the _Indians_ are not inclined to give their Children
Learning. We allow it to be good, and we thank you for your Invitation;
but our Customs differing from yours, you will be so good as to excuse
us.
We hope _Tarachawagon_[8] will be preserved by the good Spirit to a good
old Age; when he is gone under Ground, it will be then time enough to
look out for another; and no doubt but amongst so many Thousands as
there are in the World, one such Man may be found, who will serve both
Parties with the same Fidelity as _Tarachawagon_ does; while he lives
there is no Room to complain. In Token of our Thankfulness for your
Invitation, we give you this String of Wampum.
_Which was received with the usual Ceremony_.
_Brother_ Tocarry-hogan,
You told us Yesterday, that since there was now nothing in Controversy
between us, and the Affair of the Land was settled to your Satisfaction,
you would now brighten the Chain of Friendship which hath subsisted
between you and us ever since we became Brethren; we are well pleased
with the Proposition, and we thank you for it; we also are inclined to
renew all Treaties, and keep a good Correspondence with you. You told us
further, if ever we should perceive the Chain had contracted any Rust,
to let you know, and you would take care to take the Rust out, and
preserve it bright. We agree with you in this, and shall, on our Parts,
do every thing to preserve a good Understanding, and to live in the same
Friendship with you as with our Brother _Onas_ and _Assaragoa_; in
Confirmation whereof we give you this Belt of Wampum.
_On which the usual Cry of_ Yo-hah _was given_.
_Brethren_,
We have now finished our Answer to what you said to us Yesterday, and
shall now proceed to _Indian_ Affairs, that are not of so general a
Concern.
_Brother_ Assaragoa,
There lives a Nation of _Indians_ on the other Side of your Country, the
_Tuscaroraes_, who are our Friends, and with whom we hold
Correspondence; but the Road between us and them has been stopped for
some Time, on account of the Misbehaviour of some of our Warriors. We
have opened a new Road for our Warriors, and they shall keep to that;
but as that would be inconvenient for Messengers going to the
_Tuscaroraes_, we desire they may go the old Road. We frequently send
Messengers to one another, and shall have more Occasion to do so now
that we have concluded a Peace with the _Cherikees_. To enforce our
Request, we give you this String of Wampum.
_Which was received with the usual Cry of Approbation_.
_Brother_ Assaragoa,
Among these _Tuscaroraes_ there live a few Families of the _Conoy
Indians_, who are desirous to leave them, and to remove to the rest of
their Nation among us, and the strait Road from them to us lies through
the Middle of your Country. We desire you will give them free Passage
through _Virginia_, and furnish them with Passes; and, to enforce our
Request, we give you this String of Wampum.
_Which was received with the usual Cry of Approbation_.
_Brother_ Onas, Assaragoa, _and_ Tocarry-hogan,
At the Close of your respective Speeches Yesterday, you made us very
handsome Presents, and we should return you something suitable to your
Generosity; but, alas! we are poor, and shall ever remain so, as long as
there are so many _Indian_ Traders among us. Theirs and the white
Peoples Cattle have eat up all the Grass, and make Deer scarce. However,
we have provided a small Present for you, and though some of you gave us
more than others, yet, as you are all equally our Brethren, we shall
leave it to you to divide it as you please.--And then presented three
Bundles of Skins, which were received with the usual Ceremony from the
three Governments.
We have one Thing further to say; and that is, We heartily recommend
Union and a good Agreement between you our Brethren. Never disagree, but
preserve a strict Friendship for one another, and thereby you, as well
as we, will become the stronger.
Our wise Forefathers established Union and Amity between the _Five
Nations_; this has made us formidable; this has given us great Weight
and Authority with our neighbouring Nations.
We are a powerful Confederacy; and, by your observing the same Methods
our wise Forefathers have taken, you will acquire fresh Strength and
Power; therefore whatever befals you, never fall out one with another.
The Governor replied:
The honourable Commissioners of _Virginia_ and _Maryland_ have desired
me to speak for them; therefore I, in Behalf of those Governments, as
well as of the Province of _Pensylvania_, return you Thanks for the many
Proofs you have given in your Speeches of your Zeal for the Service of
your Brethren the _English_, and in particular for your having so early
engaged in a Neutrality the several Tribes of _Indians_ in the _French_
Alliance. We do not doubt but you will faithfully discharge your
Promises. As to your Presents, we never estimate these Things by their
real Worth, but by the Disposition of the Giver. In this Light we accept
them with great Pleasure, and put a high Value upon them. We are obliged
to you for recommending Peace and good Agreement amongst ourselves. We
are all Subjects, as well as you, of the great King beyond the Water;
and, in Duty to his Majesty, and from the good Affection we bear to each
other, as well as from a Regard to our own Interest, we shall always be
inclined to live in Friendship.
Then the Commissioners of _Virginia_ presented the hundred Pounds in
Gold, together with a Paper, containing a Promise to recommend the _Six
Nations_ for further Favour to the King; which they received with
_Yo-hah_, and the Paper was given by them to _Conrad Weiser_ to keep for
them. The Commissioners likewise promised that their publick Messengers
should not be molested in their Passage through _Virginia_, and that
they would prepare Passes for such of the _Conoy Indians_ as were
willing to remove to the Northward.
Then the Commissioners of _Maryland_ presented their hundred Pounds in
Gold, which was likewise received with the _Yo-hah_.
_Canassatego_ said, We mentioned to you Yesterday the Booty you had
taken from the _French_, and asked you for some of the Rum which we
supposed to be Part of it, and you gave us some; but it turned out
unfortunately that you gave it in _French_ Glasses, we now desire you
will give us some in _English_ Glasses.
The Governor made answer, We are glad to hear you have such a Dislike
for what is _French_. They cheat you in your Glasses, as well as in
every thing else. You must consider we are at a Distance from
_Williamsburg, Annapolis_, and _Philadelphia_, where our Rum Stores are,
and that although we brought up a good Quantity with us, you have
almost drunk it out; but, notwithstanding this, we have enough left to
fill our _English_ Glasses, and will shew the Difference between the
Narrowness of the _French_, and the Generosity of your Brethren the
_English_ towards you.
The _Indians_ gave, in their Order, five _Yo-hahs_; and the honourable
Governor and Commissioners calling for some Rum, and some middle-sized
Wine-Glasses, drank Health to the _great King of_ England, and the _Six
Nations_, and put an end to the Treaty by three loud Huzza's, in which
all the Company joined.
In the Evening the Governor went to take his Leave of the _Indians_,
and, presenting them with a String of Wampum, he told them, that was in
return for one he had received of them, with a Message to desire the
Governor of _Virginia_ to suffer their Warriors to go through _Virginia_
unmolested, which was rendered unnecessary by the present Treaty.
Then, presenting them with another String of Wampum, he told them, that
was in return for theirs, praying him, that as they had taken away one
Part of _Conrad Weiser_'s Beard, which frightened their Children, he
would please to take away the other, which he had ordered to be done.
_The_ Indians _received these two Strings of Wampum with the usual
Yo-hah_.
The Governor then asked them, what was the Reason that more of the
_Shawanaes_, from their Town on _Hohio_, were not at the Treaty? But
seeing that it would require a Council in Form, and perhaps another Day
to give an Answer, he desired they would give an Answer to _Conrad
Weiser_ upon the Road on their Return home, for he was to set out for
_Philadelphia_ the next Morning.
_C A N A S S A T E G O in Conclusion spoke at follows:_
We have been hindered, by a great deal of Business, from waiting on you,
to have some private Conversation with you, chiefly to enquire after the
Healths of _Onas_ beyond the Water; we desire you will tell them, we
have a grateful Sense of all their Kindnesses for the _Indians_. Brother
_Onas_ told us, when he went away, he would not stay long from us; we
think it is a great while, and want to know when we may expect him, and
desire, when you write, you will recommend us heartily to him; which the
Governor promised to do, and then took his Leave of them.
The Commissioners of _Virginia_ gave _Canassatego_ a Scarlet Camblet
Coat, and took their Leave of them in Form, and at the same time
delivered the Passes to them, according to their Request.
The Commissioners of _Maryland_ presented _Gachradodow_ with a broad
Gold-laced Hat, and took their Leave of them in the same Manner.
_A true Copy, compared by_
Richard Peters, Secr.
[Illustration]
[Footnote 7: Onandio, the Governor of _Canada_.]
[Footnote 8: _Tarachawagon, Conrad Weiser_.]
A
=T R E A T Y=
BETWEEN
H I S E X C E L L E N C Y
The Honourable George Clinton,
Captain-General and Governor in Chief of the Province of _New-York_, and
the Territories thereon depending in America, Vice-Admiral of the same,
and Vice-Admiral of the Red Squadron of His Majesty's Fleet.
A N D
The Six United _Indian_ Nations, and other _Indian_ Nations, depending
on the Province of _N E W-Y O R K_.
Held at _A L B A N Y_ in the Months of _August_ and _September_, 1746.
_A_ T R E A T Y _between his Excellency the Governor of the Province of_
New-York, _and the_ Six Nations, _and other_ Indian _Nations, depending
on said Province._
It is well known in the Province of _New-York_, that the _Six Nations_
of _Indians_ depending on this Province, (called _Iroquois_ by the
_French_) had lately on several Occasions, appear'd dissatisfied and
wavering in their Fidelity to the _British_ Crown. No doubt, this was
principally occasion'd by the Artifices of the _French_ of _Canada_, who
had constantly Emissaries among them: But at the same Time there is
Reason to think, the suspicious Behaviour of these Nations, in Favour of
their once inveterate Enemy the _French_, could not have arriv'd to the
Pitch it did, otherwise than by some Neglects or Misconduct of those who
were entrusted by the Government of _New-York_ with the Management of
the _Indian_ Affairs.
His Excellency the Governor of _New-York_, having received his Majesty's
Commands, to engage the _Indian_ Nations depending on his Government, to
join in the Expedition then intended against _Canada_, and to make them
the usual Presents on that Occasion; and being sensible of the great Use
these _Nations_ might be to the Success of this Enterprize, and likewise
of the Difficulties that probably might attend his Endeavours at this
Time, was desirous to have had the Assistance of as many of the Members
of his Majesty's Council as the Circumstances of Affairs would permit;
but they all declined to give their Attendance, except Mr. _Colden_ and
Mr. _Livingston_. His Excellency was therefore obliged to act with the
smallest Number of Members, which by his Majesty's Commission can form a
Council, _viz_. Three; the above two Gentlemen and Capt. _Rutherford_,
who was then at his Post in _Albany_.
As soon as his Excellency received his Majesty's Commands, he dispatched
from _Albany_ such Persons as, by the best Information he could receive,
had Influence among the _Six Nations_, to invite them severally to meet
him at _Albany_, on the 20th of _July_. His Excellency arriv'd at
_Albany_ the 21st of _July_, where having heard, that, besides the
Small-Pox, (which his Excellency never had) many were sick of a
contagious malignant Fever, he continued on board the Sloop which
carried him up, to consider where to lodge with the least Danger to his
Person from the Infection of these Distempers; and the next Morning
resolved to go into the Fort. He was received at his Landing with the
usual Marks of Respect from the Corporation, the independent Companies
of regular Troops then in the Place, and the Militia, under a Discharge
of the Cannon of the Fort and Town.
In the Afternoon of the same Day on which his Excellency came on shore,
three _Indians, viz_. two _Onandagos_ and an _Oneydo_, brought two
_French_ Scalps and presented to his Excellency: At which Time the
Leader of the Party made a formal Speech to the following Purpose: 'That
having had repeated Accounts of the Mischiefs done by the _French_, and
of the frequent Murders committed by them, and that the _Mohawks_,
notwithstanding their Professions of Friendship, suffered this Bloodshed
to remain unrevenged, his Heart could bear it no longer; he thereupon
resolved to open for his Brethren the Path to Revenge: That these two
Scalps which he now presented were taken at Noonday in sight of the
_French_ Fort at _Crown Point_.' His Excellency told him how well he
took this special Mark of his Fidelity, and assured him, that he would
not only now reward him and his Companions, by particular Presents, but
would always remember this Act of Friendship. They had already received
the Reward given by the Act of Assembly. His Excellency gave each of
them four _Spanish_ Dollars; to the Leader a fine laced Coat and Hat,
and a silver Breast-Plate; and to each of the others a Stroud Blanket
and lac'd Hat.
These _Indians_ told us, that they lay several Days among the Bushes,
from whence they could see every Man that came out of the Fort-Gate.
They endeavoured for some time to take a Prisoner, but observing that
none went to such a Distance from the Fort that they could hope to carry
him off, they resolved to take the first Opportunity for a Scalp: Two
Soldiers coming out of the Fort, after the Chapel Bell had rung about
Noon, one of the _Indians_, by their Leader's Order, fired with Swan
Shot upon them while they were near to each other. It is a constant Rule
among these sculking Parties, never to fire without Orders from their
Leader. One of the _French_ Men was killed upon the Spot, the other
wounded, and fled immediately towards the Fort Gate, the _Indian_ who
had fired, pursu'd, and with his Hatchet brought him down within a
hundred Steps of the Fort Gate; and, though the _French_ in the Fort
rushed out at the Gate, he took his Scalp off; the others had scalped
the Man that was first killed, and then they all fled. The _French_ in
their Hurry had run out without their Arms, and upon recollecting
themselves return'd to arm, which facilitated the Escape of the
_Indians_.
His Excellency being informed, that the Leader of this Party was
desirous to be distinguished by his Excellency's giving him a new Name,
and that a Name, which in the Language of the _Six Nations_ signified
the _Path-opener_, would be most acceptable to him; his Excellency
honour'd him with that Title; which he accepted very thankfully, and
seem'd exceedingly pleased with it: Whereupon he said, that the other
two _Indians_ having associated with a _Mehikander_, or _River Indian_,
were resolved to go out against the Enemy: But as he thought he might be
more useful by staying, to assist at the ensuing Treaty, he was resolved
to remain here. He added, that in case the Interpreter, and others sent
to invite the _Six Nations_ to meet here, fail'd in any Part, he would
go among the _Six Nations_, and doubted not to bring many by his
Influence, who otherwise might stay.
In a Day or two after, six of seven _Indians_, who had been sent out by
the Commissioners for _Indian_ Affairs to _Crown-Point_, to take
Prisoners, and gain Intelligence, returned and said, That they had gone
to that Place, and that in sight of it they had separated, with, Design
thereby to surprize any Stragler that might have come out of the Fort:
That while they were thus separated, two of their Number were suddenly
surrounded and taken by the Enemy: One of these two, after having been
detained three or four Days, join'd the others at _Saraghtoga_. He said,
that he had been threatened with death by the _Adirondacks_[9]; but that
the _Cahnuagas_[10] interpos'd, and by their Intercession he was set at
Liberty; and some of the _Cahnuagas_ conducted him through _Lac
Sacrement_. He reported, that there was a great Number of Men, _French_
and _Indians_, at _Crown-Point._ The other Prisoner, an _Onondaga_,
consented to remain with the _French_, and was sent to _Canada_.
Soon after this, sixteen _Mohawk Indians_ came to the Town, who had been
sent out from the lower _Mohawk_ Castle by Mr. _Johnson_, to gain
Intelligence near _Crown-Point_, and to take Prisoners. They reported
that they had discovered so great a Number of _French_ and _Indians_ at
_Crown-Point_, that they had no Hopes of being able to bring off any
Prisoners, and thought it adviseable to return speedily and inform of
the great Danger they thought this Place was in. His Excellency invited
them to go thither again, in order to descry the Motions of the Enemy:
And as a farther Encouragement to them, to either Scalp or take
Prisoners, he offered every Person of said Party that should take a
Scalp or Prisoner, a Piece of Stroud, and a Suit of laced Clothes,
besides the Bounty; but they, being frightened with the Apprehensions of
Danger, declined going back, and said, they must return Home and
acquaint their Friends and Relations with what they had heard and seen.
Several other _Indians_ likewise alarmed the _Mohawks_, by telling them
that the _French_ had a great Force at _Crown-Point_, and that they
would certainly attack either _Albany_ or _Schenectade_, or the
Settlements on the _Mohawks_ River, or perhaps several Places at the
same Time.
Mr. _Johnson_, and the commanding Officer of the Garrison of regular
Troops in the _Mohawks_ Country, by their Letters to his Excellency,
confirm'd these Reports; and added, the _Mohawks_ had entertain'd
Apprehensions of the _French_ Force at _Crown-Point_, which was like to
have a bad Effect. On this his Excellency wrote to Mr. _Johnson_, that
all these Stories of the _French_ Force at _Crown-Point_ were only
Artifices of the _French_ to intimidate the _Indians_, or to amuse them,
with Design to frustrate the Treaty which he intended to have with them;
and that he was to assure the _Indians_, that they could be in no Danger
from the _French:_ However, that they might see that he would omit
nothing which they might think necessary for their Security, he had
ordered a Lieutenant of Militia, with thirty Men, to reinforce the lower
Castle, and had likewise ordered the Captain of Militia near the upper
Castle, to assist the _Indians_ there in fortifying their Castle, and to
hold himself in Readiness to support them on any Emergency.
One _John Colan_, a _Frenchman_, who some Years since had removed from
_Canada_, and settled and married at _Schenectade_, and who has since
that Time lived in good Reputation there, was sent by Major _Glen_ to
inform his Excellency, that one _Aaron_, a noted _Mohawk_ Sachem, who
with several others of the _Six Nations_, had been last Spring in
_Canada_ to treat with the Governor there, did then entertain two
_Cahnuaga Indians_. This Man, _John Colan_, acquainted his Excellency,
that having discovered the _Cahnuaga Indians_, he told them he was a
_Frenchman_, and was desirous of returning to his own Country, on which
they began presently to propose to him Methods for his Escape; at which
Time, this _Aaron_ coming near them, he express'd his Fears of being
discovered by him. They answered, that he need not fear _Aaron_, for he
was their Friend, and designed to go with them. As they proposed to him
to escape privately by himself, and to meet them at a Place they named,
he told them of his Fears, in that Case, of meeting with the _French
Indians_ while he was alone. They answered, that if he dress'd himself
like an _Indian_, the _French Indians_ would do him no Hurt, without
first calling to him; upon which, if he stopp'd and call'd out _Maria_,
the _French Indians_ would be so far from hurting him, that they would
immediately come up to him and take him by the Hand. From this, and
several other Incidents, which it would be tedious to relate, his
Excellency was convinced of some secret Understanding between the _Six
Nations_ and the _Cahnuagas_, or _French Indians:_ And that, however
any Party of our _Indians_ might be induced to fall upon the _French_,
they would not at that Time molest the _French Indians_, nor prevent the
Mischiefs which the Inhabitants received from their sculking Parties.
For this Reason, his Excellency endeavoured to send out again the
Company of Rangers, which had formerly been employed against the
sculking _Indians:_ But, as the Assembly had made no Provision for this
Expence, they refused to go, unless he gave his personal Bond for their
Pay, at _three Shillings_ a Day for each private Man, besides their
Provision; and would not be satisfied with the Promises that he, by the
Advice of the Council, made them of recommending their Service to the
General Assembly, and the Assurances he gave them of their being
rewarded as they desired.
On their continuing obstinate, his Excellency was of Opinion, that no
considerable Service could be expected from Men, who were moved by no
other Principle but that of excessive Wages: And he had Reason
afterwards to be confirmed in this Opinion, when Captain _Langdon_, and
afterwards Captain _Thebout_, voluntarily went with their Companies of
the new-levied Troops to scour the Woods, and took some of these
_Albany_ Men with them as Guides, who whenever they apprehended
themselves in Danger, by the Discovery of recent Tracts, some one or
other of them could not be kept from firing their Guns, or making some
Noise, by which the _French Indians_, if any were near them, must know
how to avoid them. Some _Indians_, who were likewise sent out in Company
with these Men, complained in like Manner.
The publick Interpreter, whom the Governor (as before observed) had sent
with others, to invite the _Six Nations_ to meet him at _Albany_, wrote
to the Commissioners for _Indian_ Affairs, That they met with great
Difficulties and Obstructions from the _Sachems_, who had been lately at
_Canada:_ That the _Oneydoes_ refused to give any Answer, tho' they had
staid there thirteen Days endeavouring to persuade them; and that the
_Cayugas_ had absolutely refused to meet the Governor. On which his
Excellency desired to be informed by the Commissioners of _Indian_
Affairs, whether they knew of any Person of Influence or Interest with
the _Indians_, and fit to be sent among them on this Occasion. They
answered, that they knew of none; and that the _Indians_ were in a very
bad Disposition, and much under the Influence of the _French_.
About this time his Excellency being informed, that the Interpreter, and
others sent with him, had neglected to send proper Invitations to the
_Indians_ living on the Branches of _Susquehannah_ River; and that
Captain _Vroman_, of _Scohary_, was a proper Person to be sent to those
_Indians_; he sent him, in Company with Captain _Staats_, with a Belt of
_Wampum_ to invite them.
While the _Indian_ Affairs appear'd in this discouraging State, an
Account came to Town, that about twenty young _Chickesaws_ were come to
the _Senekas_, to desire them to shew them the Way to _Canada_. The
_Chickesaws_ had always been Enemies to the _French:_ A Party of about
five hundred Men had, four Years before, been sent out against them from
_Canada_, who were so entirely routed by the _Chickesaws_, that few
returned. These young _Chickesaws_ told the _Senekas_, that the _French_
of _Canada_ had, about four Years since, made them a Visit, and were so
kind to leave them four hundred Guns, which were now wore out; and,
since the _French_ had not thought fit to bring them any more Guns, they
were resolved to go to _Canada_ to fetch new ones; and promised, that if
the _Senekas_ would shew them the Way, they would go Home and return
with four hundred stout Fellows. Some other _Indian_ Nations who lived
to the Westward, discovering their Aversion to the _French_ at the same
Time, these Incidents assisted the Governor's Messengers in bringing
more _Indians_ to _Albany_ than they expected, when they wrote to the
Commissioners for _Indian_ Affairs.
While the Interpreter was at the more distant _Indian_ Castles, Mr.
_William Johnson_ was indefatigable among the _Mohawks_; he dressed
himself after the _Indian_ Manner, made frequent Dances, according to
their Custom when they excite to War, and used all the Means he could
think of, at a considerable Expence, (which his Excellency had promised
to repay him) in order to engage them heartily in the War against
_Canada_. Tho' he succeeded, beyond what any Man in _Albany_ thought
could be done, yet several of the _Sachems_ (in the _Conajohary_, or
upper _Mohawk_ Castle, chiefly) refused to engage in the War; but
insisted, that as this War was entered into between the _English_ and
_French_, in which they had no Interest, they ought to remain neuter.
The _English_ and _French_, they said, could at any Time make Peace; but
if they should enter into the War, _Indians_ could not make up the
Quarrel among themselves, otherwise than by the Destruction of one or
the other. The _French_ could have no Hopes of engaging the _Six
Nations_ on their Side against the _English_, and therefore wisely
play'd this Game of endeavouring to make them stand neuter, which they
could enforce by strong political Arguments, of which the _Indians_ were
sensible enough. _It is your Interest_, the _French_ Emissaries said,
_not to suffer either the_ French _or the_ English _to be absolute
Masters_; _for in that Case you must become Slaves to the one or the
other_. From this politic View chiefly, the Interpreter met with so much
Opposition everywhere: Tho' it is not to be doubted, but that at the
same Time the _French_ had gain'd some particular _Sachems_ entirely
into their Interest; however, many were prevailed on to come to
_Albany_, to hear what the Governor of _New-York_ had to say to them;
tho' several Sachems staid behind. When they of the more distant Nations
came along with the Interpreter to the lower _Mohawk_ Castle, and found
that Mr. _Johnson_ had already engaged many of the young Men there to
join the Army against _Canada_, the others blamed the _Mohawks_; telling
them with some Warmth, That they had been very rash in engaging so far.
'They ought, _the others said_, to have considered that they, the
_Mohawks_, were the smallest in Number of any of the _Six Nations_, and
ought not to have proceeded to so great a Length, without the previous
Consent of the others.' To this the _Mohawks_ answered, _It is true, we
are less considerable as to Number, than any of the other Nations; but
our Hearts are truly_ English, _and all of us are Men[11]; so that, if
our Force be put to the Trial, perhaps it will be found greater than you
imagine._ These Disputes, however, continued so far, that the _Mohawks_,
and the other _Five Nations_, could not go in Company to _Albany_; the
_Mohawks_ marched on one side of the River, while the other Nations went
on the other side. [_There are two Roads from the_ Mohawks _Castle to_
Schenectada, _one on each side of the_ Mohawks _River_.]
When the _Indians_ came near the Town of _Albany_, on the 8th of
_August_, Mr. _Johnson_ put himself at the Head of the _Mohawks_,
dressed and painted after the Manner of an _Indian_ War-Captain; and the
_Indians_ who followed him, were likewise dressed and painted, as is
usual with them when they set out in War. The _Indians_ saluted the
Governor as they passed the Fort, by a running Fire; which his
Excellency ordered to be answered by a Discharge of some Cannon from the
Fort: He afterwards received the Sachems in the Fort-Hall, bid them
Welcome, and treated them with a Glass of Wine.
As, by all Accounts, the Disposition of the _Six Nations_ seemed at this
Time less in Favour of the _British_ Interest than was to be wished, his
Excellency thought it necessary to have frequent Conferences, in
private, with the principal Sachems of each _Nation_; sometimes
separately and singly, at other Times with some of each Nation jointly.
There were only two of the _Mohawks_ Sachems (besides _Aaron_ before
mentioned, who left the Castle at this Time) that could not be prevailed
on by Mr. _Johnson_ to declare themselves for entering into the War
against _Canada_: They were both of the _Conajohary_ or Upper-Castle,
and one of them the Head of the Tribe called the _Tortoise_; (which,
tho' not so numerous as that of the _Bear_, yet is looked on as the
first in Rank or Dignity;) and, as he had been with the Governor of
_Canada_ last Spring, it was thought to be of some Consequence to gain
him. Mr. _Colden_, above twenty Years since, had the Complement of being
received into that Castle; and, about seven Years since (the last Time
he had been with the _Mohawks_) had contracted some more particular
Acquaintance with these two Sachems: He invited them to a private
Conference, at which the Reverend Mr. _Barclay_ assisted as Interpreter;
they met him, and brought five more with them: After this Conference
these Sachems appear'd as hearty as any of the others. He that was Head
of the Tribe call'd the _Tortoise_, said, 'His Uncle had been the chief
War-Captain among the _Mohawks_: That his Uncle had particularly
distinguished himself in their Wars against the _French_, and he was
resolved to shew himself not unworthy of his Ancestors, nor of his
Uncle's Name, which he had obtained after his Death.'
After the principal Sachems had, at these Conferences, been brought to a
good Disposition, his Excellency advised with the Gentlemen of the
Council, and the Commissioners from the _Massachusets Bay_, on what
might be proper to be said to the _Six Nations_ in the publick Speech,
which he now proposed to make to them. Col. _Wendell_ and Mr. _Wells_
had arrived from _Boston_ about the End of _July_, and soon after they
came to Town, his Excellency ordered the Gentlemen of the Council to
communicate to them all the Information which had been received, with
respect to the _Indian_ Affairs: And they had frequent Conferences
together from Time to Time, as Occasion required: It was likewise
thought proper to communicate, what his Excellency intended to say to
some of the Sachems of each Nation, who were thought most hearty in the
_British_ Interest; who said, that it was well conceiv'd as could have
been done, had they themselves advised upon the Subject; only as it had
been advised to observe in the first Draught, That some of his Majesty's
Subjects had been instigated by the _French_ to rise in Rebellion
against the King; that they had been defeated by one of the King's Sons;
that these poor People were now utterly ruined, and had nothing left but
to bewail their Folly in the Misery that was brought upon them, by
suffering themselves to be deluded by the Promises of the _French_; they
said, that they did not understand the Affairs on the other Side of the
Sea, nor did they trouble their Heads about them; and as they had no
Method of retaining what is spoke to them but by their Memories, they
were afraid that this might perplex their Memories, and make them less
attentive to what was properly their Business; and advised, that it
should be left out; which accordingly was done.
Another Difficulty remained; the publick Interpreter had been taken
dangerously ill in his Return to _Albany_, and was at this Time confined
to his Bed. Tho' several were employed, who had Knowledge sufficient in
the Language of the _Six Nations_, to make themselves be understood, and
to understand what was spoke to them; yet none of them were so much
Masters of the Language, as to speak with that Propriety and
Distinctness that is expected, and usual on so solemn an Occasion. It
was thought therefore proper, to make one of the Sachems understand the
Speech, by the Assistance of the common Interpreters, that he might be
able to deliver it Paragraph by Paragraph, as it should be spoke. At
first a _Mohawk_ Sachem was pitched upon; but the Sachems themselves
told us, That for some time past a kind of Party-Division among the _Six
Nations_ had subsisted: That the _Mohawks_, _Onandagas_, and _Senekas_,
form'd one Party; and the _Oneydoes, Tuscaroras_, and _Cayugas_, the
other: That, as the _Mohawks_ might be suspected to be more partial to
the _English_, it would be of more Use to employ one of the other Party;
and an _Oneydo_ Sachem was proposed for that Purpose. This Man was
easily enough made to understand the Speech, and he repeated it several
Times over in private, and was instructed where to make the proper
Stops. After the Speech was delivered, some of the Commissioners for
_Indian_ Affairs, and other Persons present at the Delivery, who
understood both Languages, acknowledged, that this _Indian_ had
acquitted himself of his Trust faithfully, and had delivered the Sense
of the Speech clearly and distinctly.
While these last Preparations were making, his Excellency was taken ill
of a Fever, which occasioned some further Delay; and as his Excellency
did not recover so soon as was wished, the Sachems were told, that his
Excellency being unwilling to detain them without necessity, would, if
they desired it, direct Mr. _Colden_ to speak to them in his Name, what
he designed to say. They answered, that they would be well pleased to
hear it from Mr. _Colden_'s Mouth.
[Footnote 9: A Nation of _Indians_ living in _Canada_, who have always
been firm friends to the _French_, and formerly were at War with the
_Six Nations_.]
[Footnote 10: A Number of _Indians_ originally of the _Five Nations_,
and Deserters from them, now settled near _Montreal_, by whom the
illicit Trade between _Albany_ and _Montreal_ was carried on: They are
well acquainted with the Country about _Albany_.]
[Footnote 11: The _Six Nations_ reckon all other _Indian_ Nations Women,
in comparison to themselves.]
* * * * *
At _A L B A N Y_ the Nineteenth of _August_, 1746.
P R E S E N T,
The { Cadwallader Colden, } Esqrs; of his Majesty's
Honourable { Philip Livingston, } Council for the Province
{ John Rutherford, } of _New-York_.
The Commissioners from the Government of the _Massachusets-Bay_.
The Commissioners of the Province of _New-York_ for _Indian_ Affairs.
The Mayor and Corporation of _Albany_. The Officers of the Independent
Companies, and of the new Levies then at _Albany_. Several Gentlemen of
the Province of _New-York_: And Strangers.
_Mr._ Colden _introduced the Speech as follows_:
His Excellency our Governor having been taken ill, and as yet not so
well recovered as that he can safely come abroad; has ordered me (being
the next Person to him in the Administration) to speak to you in his
Name, which I shall do in the same Words which he designed to have
spoke, had he not been prevented by Sickness.
"_Brethren_,
"I am glad to see so many of our ancient Friends here, and heartily bid
you Welcome. [_Gave three Strings of Wampum_.]
"I have call'd you to this Place for two great Ends, in which the
Province of the _Massachusets-Bay_ have sent Commissioners to concur
with me, who are here present.
"The _First_ is, to renew the Covenant-Chain with you; and I now by this
Belt, in your Father the King of _Great-Britain_'s Name, in Behalf of
his Majesty's Subjects in _North-America_, renew and confirm the
Covenant-Chain, and all former Treaties and Engagements entered into
with you. This Chain has from the Beginning, remained so firm and
strong, that it has never once broke or slipt since it was first made;
and we, on our Parts, shall endeavour that it remain so, unshaken, as
long as the Sun and Moon shall endure. [_Gave a Belt_.]
"_Brethren_, Last Fall I told you, that his Majesty's Subjects in this
Country had, the Summer before, lain still, without attempting any thing
against the _French_ Settlements: But that the _French_ had by Surprize,
attacked and destroyed a small Place near _Cape-Breton_, belonging to
us.
"That they afterwards laid Siege to _Annapolis-Royal_, and were beat
off.
"I likewise told you, That the Governor of the _Massachusets-Bay_, in
Conjunction with _Connecticut_ and _New-Hampshire_, had, in Revenge to
these Injuries, sent an Army against _Louisburg_, on the Island of
_Cape-Breton_; that the Army was joined by a Number of his Majesty's
Ships of War, under the Command of your Friend Admiral _Warren_.
"I told you, that the Town of _Louisburg_, which is the strongest the
_French_ have in _America_, was reduced by this Force; and that the
_French_ there had surrendered themselves and their Country to the
_English_.
"I likewise told you, how we, in this Part of the Country, had lain
still, hoping that the _French_ in _Canada_, would either be quiet, or
carry on the War in a manly Manner, and after the Manner of Christians.
And to induce them thereto, a Message had been sent from this Place to
the Governor of _Canada_, to tell him, That if he should revive the
inhuman Custom of murdering private People, by sculking _Indians_, that
the several Governors of his Majesty's Colonies, together with you our
Brethren of the _Six Nations_, would join and make Reprisals on them in
the like Manner; at which time you publickly declared, that if any of
his Majesty's Subjects, in any Part of his Governments, should be killed
by any _Indians_, you would immediately join in the War against them,
and the _French_.
"And last Fall, when I delivered the Hatchet into your Hands, you told
me, and confirm'd it with a Belt, That you would send some of your
People (who were then ready) to _Canada_, to demand Satisfaction; and
that if Satisfaction was refused, you would use the Hatchet against
them, whenever I should order it.
"And you further promised, That if the Enemy should commit any further
Hostilities, you would then (upon my Commands) immediately make Use of
the Hatchet.
"I need not tell you, how far the _French_ have been from giving
Satisfaction; on the contrary, you are well acquainted with the cruel
and barbarous Murders that have been committed, since that Time, by the
_French Indians_ at _Saraghtoga_, and in the Neighbourhoods of this
Place, and on the Frontiers of _New-England_; as you have not hitherto
fulfilled your Promises, I suspect that they did not come from your
Hearts: I therefore, by this Belt, demand an immediate Performance of
your Promises, to shew that they come from the Bottom of your Hearts; as
all the Promises I make come from mine, and ever shall. [_Gave a Belt_.]
"_Brethren_, I now come to the _second_ and principal Design of our
present Meeting, in which I hope and expect to find you hearty, and
united in your Councils and Opinions. [_Gave a Belt_.]
"The King your Father, having been informed of the unmanly Murders
committed on the Frontiers of _New England_, and of this Province, is
resolved to subdue the Country of _Canada_, and thereby put an End to
all the mischievous Designs of the _French_ in these Parts. And for this
purpose, he has ordered his Governors of _Virginia, Maryland,
Pensylvania_, and _New-Jersey_, to join their Forces to the Forces of
this Province, to attack _Canada_ by Land: They are all now upon their
March, and you will soon see them here.
"At the same Time the Forces of the _Massachusets-Bay, Connecticut,
Rhode-Island_, and _New-Hampshire_, are to go in Ships to _Cape-Breton_,
and there join with his Majesty's Ships of War, and a great Army of
experienc'd Soldiers from _Great-Britain_.
"Many Ships of War are already arrived there, and some thousand of
Soldiers; many more Ships and Soldiers are following; and I expect every
Hour to hear of their Arrival; after which the Attack upon _Canada_ will
be made on all Sides, both by Sea and Land.
"You may perceive the King has ordered a Strength sufficient to subdue
_Canada_; but at the same Time, the King your Father expects and orders
you his Children, to join with your whole Force in this Enterprize; and
thereby gives the _Six Nations_ a glorious Opportunity of establishing
their Fame and Renown over all the _Indian_ Nations in _America_, in the
Conquest of your inveterate Enemies the _French_; who, however they may
dissemble and profess Friendship, can never forget the Slaughter which
your Fathers made of them; and for that purpose, caress those Nations
who have always been your inveterate Enemies, and who desire nothing so
much as to see the Name of the _Six Nations_ become obliterate, and
forgot for ever. [_Gave a Belt_.]
"_Brethren_, The _French_, on all Occasions, shew, that they act against
your Brethren the _English_, like Men that know they dare not look them
in the Face in Day-Light; and therefore, like Thieves, steal upon poor
People, who do not expect them in the Night, and consequently are not
prepared for them: Your Brethren in their Revenge have acted like Men of
Courage; they do not attack poor Farmers at their Labour, but boldly
attempted the Reduction of _Louisburg_, the strongest Town the _French_
had in _America_, in the fortifying of which they had spent above twenty
Years: It was surrounded with strong Walls and Forts, in which they had
planted their largest Cannon in every Place, where they thought the
_English_ could come near them; notwithstanding of all these Precautions
and Advantages, they were forced to submit to the _English_ Valour.
"You must have heard from your Fathers, and I doubt not several of your
old Men still remember what the _French_ did at _Onondaga_; how they
surprised your Countrymen at _Cadarackui_; how they invaded the
_Senekas_, and what Mischiefs they did to the _Mohawks_; how many of
your Countrymen suffered by the Fire at _Montreal_. Before they entered
upon these cruel and mischievous Designs, they sent Priests among you to
delude you, and lull you asleep, while they were preparing to knock you
on the Head; and I hear they are attempting to do the same now. [_Gave a
Belt_.]
"I need not put you in mind what Revenge your Fathers took for these
Injuries, when they put all the Island of _Montreal_, and a great Part
of _Canada_, to Fire and Sword; can you think that the _French_ forget
this? No, they have the Ax privately in their Hands against you, and use
these deceitful Arts, by which only they have been able to gain
Advantage over you, that by your trusting to them, they may at some time
or other, at one Blow, remove from the Face of the Earth, the
Remembrance of a People that have so often put them to Shame and Flight.
"If your Fathers could now rise out of their Graves, how would their
Hearts leap with Joy to see this Day; when so glorious an Opportunity is
put into their Hands to revenge all the Injuries their Country has
received from the _French_, and be never more exposed to their Treachery
and Deceit. I make no doubt you are the true Sons of such renowned and
brave Ancestors, animated with the same Spirit for your Country's Glory,
and in Revenge of the Injuries your Fathers received, uncapable of being
deluded by the flattering Speeches of them, who always have been, and
always must be, in their Hearts, your Enemies, and who desire nothing
more, than the Destruction of your Nations.
"I therefore invite you, _Brethren_, by this Belt, to join with us, and
to share with us, in the Honour of the Conquest of our, and your
deceitful Enemies; and that you not only join all the Force of the _Six
Nations_ with us, but likewise invite all the Nations depending on you,
to take a Share in this glorious Enterprize: And I will furnish your
fighting Men with Arms, Ammunition, Cloathing, Provisions, and every
Thing necessary for the War; and in their Absence, take Care of their
Wives and Children. [_Gave the War-Belt_.]
"_Brethren_, You have seen how daring and insulting on you, as well as
us, the _French Indians_ have been, in cruelly murdering several of our
People, since you have come to this Place; and therefore, for the many
Reasons now laid before you, I make no doubt but your Answer will
clearly manifest your Duty to the King your Father, and your Love to
your Brethren; and by this Belt I do assure you, that our Intent is, to
live and die together." [_Gave a Belt of Friendship_.]
At every Stop where a Belt was given, one of the Sachems call'd out
_Yo-hay_, to which all the rest answered in a Sound which cannot be
expressed in our Letters, but seem'd to consist of two Words remarkably
distinguished in the Cadence; it seem'd to this purpose; the Sachem
calls, _Do your hear?_ The Answer is, We attend and remember, or
understand; or else it is a Kind of Plaudit our Interpreters could not
explain. At the Close of the Speech, one Sachem of each Nation call'd
out severally the _Yo-hay_, to which the others of the same Nation
answer'd severally: But when the War-Belt was thrown down, they gave the
War-Shout. We expected but six of these Plaudits, according to the
Number of the _Six Nations_, but eight were distinctly delivered; by
which we understood some other Nations were united with them on this
Occasion.
After the Speech was delivered, the Sachems of the several Nations had
Conferences together; and some time being spent in deliberating, they
acquainted his Excellency, 'That they had agreed upon their Answer,
which they were ready to give whenever he would appoint a Time to
receive it;' and he named the next Day.
Accordingly on the 23d of _August_, His Excellency being
present; the Gentlemen of the Council; the Commissioners from
_Boston_; the Commissioners for _Indian_ Affairs; the
Corporation of _Albany_; and many Gentlemen, as at the Time when
his Excellency's Speech was delivered,
An _Onondaga_ Sachem, who had formerly been Speaker for the _Six
Nations_ on several publick Occasions, rose up and spoke: What he said
was publickly interpreted, in the Hearing of several who understood the
_Indian_ Language well, as follows:
Brethren of _New-York_, and of the _Massachusets-Bay_,
_We the_ Six Nations _are now assembled together as one Man, and
we take in the_ Messesagues _for the seventh Nation; and what is
now to be spoken by one Mouth, are the joint and sincere
Thoughts of every Heart._
_We are pleas'd that you follow the Steps of our Fore-fathers,
in wiping off the sorrowful Tears from our Eyes, by which the
Stoppage of our Throats are opened, and the bloody Bed wash'd
clean._ [Gave three Strings of Wampum.]
Brethren, _The first Time we met together, we only saluted each
other by shaking of Hands; we afterwards made a Covenant Chain
of Silver, which we mutually have held fast to this Day; should
it now slip from either of our Hands, it would prove Destruction
to both Sides, since our Enemies have drawn the Sword._ [Gave a
Belt.]
Brother of _New-York_; _Last Year you gave us the Hatchet to be
made Use of against your Enemies, the_ French, _which we
accepted and promised to make use of it if they should commit
any farther Hostilities upon the_ English, _which they have now
done by destroying_ Saraghtoga, _and shedding a great deal of
Blood: Hitherto we have made no use of the Hatchet; but as you
now call upon us, we are ready, and do declare from the Bottom
of our Hearts, that we will from this Day, make use of it
against the_ French, _and their Children_, (meaning their
_Indians_.)
[N. B. The Question was asked them by his Excellency, Whether by
the Words _their Children_, they meant all the _Indians_ in
Alliance with the _French_? to which they answered, _Yes_.]
[At the End of the foregoing Paragraph, the Speaker threw down a
War-Belt of Wampum on the Ground, it being the _Indian_ Custom
to deliver War-Belts, or make Declaration of War in this Manner:
This he did with a remarkable Shew of Indignation, intending
thereby to express their Resentment against the _French_ and
their Allies, and their Zeal for the _English_.] [_Gave a
Belt_.]
Brother of _New-York; According to your Exhortation in your
Speech to us, we are firmly united together from this Time, to
act as having one Heart; the_ Messesagues _are in the same Manner
joined and united with us, likewise the Southern Nations
bordering upon us; and we hope that you, and the other Governors
on the Continent, will be in the same Manner joined and united
together._ [Gave a Belt.]
[They repeated over his Excellency's Speech in Relation to the
Conquest of _Cape-Breton_; and added, _We hope that our Fleet
and Army will be also victorious in the present Expedition
against_ Canada; _for the_ French _are a mischievous People_.]
[Gave a Belt.]
_As to your Suspicions of our admitting_ French _Priests among
us, they are become groundless, since we have now declared War
against them: The admitting of Priests, would only tend to lull
us asleep to our Destruction; should any now dare to come, we
know no Use for them but to roast them. The Thoughts of the
Treatment we formerly received from the_ French, _thro' the Means
of their Priests, and which you now seasonably have brought to
our Remembrance, makes our Blood to boil._
Brother of _New-York; This is the second Time you have put the
Hatchet into our Hands, which we accept, and are ready to go upon
Service. You may see that we have but a Handful of fighting Men
here at present; however, some of them from each Nation shall be
left behind us to follow your Orders._
_When we return to our respective Castles, we shall send down a
great Number of our Warriors, and of those of the Nations in
Alliance with us, as soon as possible._
_This we assure you of from the Truth and Sincerity of our
Hearts; and we receive, and shall preserve this large Belt_,
[holding it up at the same Time] _which you have now given us, as
a War-Hatchet_.
Brethren, _This is the Belt of Union with which we are to go Hand
in Hand to the Gate of our Enemies, and by it we declare our
Intention to conquer or die in the common Cause_.
_There is a Nation call'd the_ Messesagues, _whose Delegates are
here present: They consist of five Castles, containing eight
hundred Men, who are all determined, and do agree to join us, in
this common Cause, against our Enemies the_ French, _and their_
Indians; _and we hope you, and the Commissioners from_ Boston,
_will use them in such a Manner that they will go home content
and satisfied._
[Gave a Belt of Union, in which the Figures of several Persons
join'd Hand in Hand, was wrought.]
The Person who interpreted, returned the _Yo-hah_ at the End of every
Paragraph, and having done the same at the Time they declared War, it
occasioned Laughter among them; upon which, observing his Mistake, he
began the War-Shout, in which all the _Indians_ joined.
The _Messesagues_ are a Nation of _Indians_, living near the Place
called _De Troit_ by the _French_, and situate between Lake _Erie_ and
the _Huron_ Lake.
After the Speaker had finished, his Excellency told them by the
Interpreter, that the King their Father had ordered him to make them a
Present on this Occasion; and that the Government of _Virginia_ had on
the same Occasion, sent them a Present. The Commissioners from _Boston_
at the same Time told them, that they had a Present from their
Government; and as they were soon to return Home, desired the _Six
Nations_ to come to their Lodgings to receive it; on which the _Indians_
desired his Excellency to delay his Present to next Day, and they
immediately went to receive their Presents from the Commissioners of the
_Massachusets-Bay_.
The next Day, the Presents from the King being exposed on one Part, and
those from _Virginia_ separately near them, it was agreed by the People
of _Albany_, who had seen many publick Presents given to the _Six
Nations_ on Treaties with them, that this was the most valuable ever
given. His Excellency on giving the Presents, said;
"_Brethren_,
"You here see a Token of the Regard the King your Father has for
you; and there is a Token of the Friendship of the Government of
_Virginia_: But on this Occasion I cannot forbear taking Notice
to you, that some of your People being at _Canada_, when the
News of the Reduction of _Cape-Breton_ came there, and when the
_French_ expected that _Quebec_ would be immediately attacked in
Consequence of it, several of them joined with the _French_, and
promised them Assistance. This occasioned some Uneasiness to
your Brethren, being contrary to the Faith of your Nations, as
well as to your Brethren's Expectations; however, you may now,
by performing the Promises you Yesterday made in the most solemn
Manner, remove all Suspicions; and for ever secure the
Friendship of your Brethren, which hitherto has from the
Beginning, remained unviolated on their Parts. The Goods now
before you, are Presents to the _Six Nations_; and, as we have
received the _Messesagues_ into the Covenant between you and
us, I expect that they shall share with you. Besides these
general Presents now made to your Nations, I have prepared
proper Cloathing for your War-Captains, and the Warriors who
shall go under their Command; together with Arms, Ammunition and
Provisions, which shall be delivered to the several Parties at
the Time they shall go out on Service."
What his Excellency said having been interpreted by a _Mohawk_ Sachem,
the Sachem added of his own Head, _You now see how you are here treated,
really like Brethren; the Governor of_ Canada _does not treat his_
Indians _so; they are set on like his Dogs, and they run on without
Thought or Consideration: You see what a noble Present is made to you;
if the Governor of_ Canada _should seize all the Goods in that Country,
it would not be in his Power to make such a Present._
The _Onondaga_ Sachem, Speaker of the _Six Nations_, immediately
replied,
Brethren of _New-York, New-England_, and _Virginia_;
_We heard, and observe well, what you now and formerly spoke to
us; and we beg no mention may hereafter be made of what passed
last Fall, since we are now heartily enter'd into the War with
you, and have promised as many fighting Men from each Castle as
can be spared; and likewise to engage as great Numbers of every
Nation in Alliance with us, as we can, to join immediately with
us in the War against the_ French, _and the Nations who adhere
to them._
Brethren of _New-York, New-England_, and _Virginia_,
_You must not suspect that it proceeds from any Backwardness in
us, that a greater Number of our People do not at this Instant
join with you; the Reason is, our Castles have but few fighting
Men in them, many are now Abroad, some hunting and trading with
far distant Nations, and others out fighting against our
Enemies; all these we shall recall Home as soon as possible, in
order to enter with all our Force, into the War against your and
our common Enemy._
Brother, _We have no more to say at this Time, but only to tell
you, we are sorry that we can so little shew our Hearts by the
Presents we now offer; our hunting has been so very poor, that
we cannot make you Presents suitable to our Inclinations._
The _Mohawks_ added separately: _We have been employed all
Summer in your Service as Out-scouts, to gain Intelligence, or
in some Manner or other, and thereby kept from hunting: We have
no Furrs to offer you, but we here present our Persons, to serve
you wherever you shall command._
That Day was spent in dividing the Presents among themselves. We were
told, that these Presents were divided into eight equal Parts, of which
they gave two to the _Messesague_ Deputies.
The next Day the War-Kettle was set over the Fire, and towards Evening
the _Indians_ in his Excellency's Presence, where many Gentlemen
attended him, began the War-Dance, and continued it till late in the
Night: They were painted as when they go to War. The Dance is a slow and
solemn Motion, accompanied with a pathetick Song. The _Indians_ in their
Turns perform this singly, but it is not easy to describe the
Particularities of it.
His Excellency call'd several of the chief Sachems who had been useful
in the Treaty, to him in private, and gave them Presents severally;
neither did he forget the _Messesague_ Deputies: He had a particular
Conference with one of them in private, the other was sick of the
Small-Pox. At this Conference, this Deputy assured his Excellency of the
good Inclinations of his Nation to the _English_, and their Aversion to
the _French_; he said, 'That many of the Nations to the Westward of
them, disliked the _French_;' and as an Instance of it, he told, 'That
the _French_ lately having pressed a neighbouring Nation to take up the
Hatchet against the _English_, they received it; but made Use of it
against the _French_ themselves, and kill'd all the _French_ then with
them, being sixty in Number, with the Loss of only one Man of their own
Nation.' His Excellency made him handsome Presents, and gave him a Belt
to carry to his Nation, with an Invitation to join in the War against
the _French_; the _Messesague_ received them with a Profession of the
most sincere and hearty Friendship; and that he made no doubt of
bringing two, three, or four hundred Men of his Nation, to serve this
Fall against the _French_. He added, 'That he and several of his
Relations would immediately use their best Endeavours, with several
other Nations to the Westward of them, who were numerous, to join
against the _French_; in which, _he said_, he had great Hopes of
Success, because they were dissatisfied with the _French_.'
His Excellency took all possible Care of the sick _Messesague_, had him
brought into a House, and ordered him, to be attended by two Physicians;
but the poor Man had the Misfortune to die, after he had been above a
Fortnight ill. When he found himself near his End, he sent to the
Governor, to desire him as his last Request, that his Excellency would
send the first _French_ Scalp that should be taken, to his Mother; and
when he was told that his Excellency had promised it, he shewed a
Contentedness and Resignation to Death. This Misfortune was increased by
the Death of the other _Messesague_ Deputy likewise, who was taken ill
in his Way Home, and died. The _Six Nations_ took Care of their Wives
and Children, who had come with them; and it was not doubted but that
they, and all the Presents given them, would be safely conveyed to
their own Homes.
Having so far given an Account of what passed with the _Six Nations_, it
may be proper next to relate the Treaty with the _Mehikanders_, or
_River Indians_, _viz._ The several Tribes of _Indians_ living at
several Places on each Side of _Hudson_'s River.
On his Excellency's Arrival at _Albany_, having found that there had
been a Neglect in sending for the _Esopus_ and _Minissink Indians_, he
sent Orders for them to be invited. The _Mehikanders_ being conveened
the 21st, his Excellency directed Mr. _Colden_ to speak to them in his
Name and Words; which Mr. _Colden_ did; the other Gentlemen of the
Council, the Commissioners from _Boston_, the Commissioners for _Indian_
Affairs, and several other Gentlemen being present, in the Words
following:
"_Children_,
"I am glad to meet you at this Time, as are likewise the
Commissioners from the _Massachusets-Bay_, who are now come
hither to concur with me upon the present Occasion; and I take
this Opportunity to renew the ancient Covenant Chain with you,
in Behalf of this and all his Majesty's Governments in
_America_, which you know has always been kept bright and clean,
without any of the least Stain or Rust, and which by this Belt I
strengthen. [_Gave a Belt_.]
"_Children_, My meeting you here, besides renewing the Covenant
Chain, is with Intention that you should join your Force with
ours, by taking up the Hatchet against our and your common
Enemies the _French_, and their _Indians_; who have in a very
unmanly Manner, by sculking Parties, murdered in cold Blood,
many of your Brethren in this and the Province of the
_Massachusets-Bay_.
"This Behaviour lays us under a Necessity of making Reprisals
on them in like Manner, in which I make no doubt of your
Assistance; and we are resolved to take a thorough Revenge of
our and your perpetual Enemies, by reducing the Country of
_Canada_, that it may not be in the Power of these perfidious,
deceitful, and cruel People, to do you or us any Injury for the
future: For which Purpose all the neighbouring Colonies,
together with many Ships of War and Soldiers from
_Great-Britain_, are resolved to unite their Force, and to
attack _Canada_ in all Parts, both by Sea and Land; and I make
no doubt, you will on this Occasion shew yourselves dutiful
Children, in joining heartily with us and the _Six Nations_, in
this glorious Enterprize; by which you will not only gain Honour
and Renown, but also Safety and Prosperity to yourselves, your
Wives, and Children for ever afterwards: And for which End I
will furnish your fighting Men with Arms, Ammunition, Cloathing,
Provisions, and every Thing necessary for the War." [_Gave a
War-Belt_.]
On the 26th they gave their Answer, which was interpreted in the
following Words; (the same Persons being present, that were when the
Governor's Speech was delivered to them.)
Father,
_We are glad to see you; and we are come to renew the Covenant
Chain, and make it fast and bright as ever, and free from Rust,
and as a Token thereof we give you this Belt._ [Gave a Belt.]
Father, _You have told us what Mischief the_ French _have done,
and what Murders upon the Christians they have committed;
therefore we declare from our Hearts, and not from our Lips
only, that as you have ordered us to shed the Enemies' Blood in
Return for what they have done, we are resolved to live and die
with you in the common Cause._
_When you Christians are at War, you make Peace with one
another, but it is not so with us, therefore we depend upon you
to take Care of us; in Confidence of which, we now take up the
Hatchet, and will make Use of it against the_ French, _and
their_ Indians. [Gave a Belt with a Hatchet.]
After their Answer they began the War-Dance, and his Excellency ordered
a considerable Present in Goods to be publickly given them. None of
these are suspected to be under _French_ Influence.
As there was no Advice of the Arrival of the Fleet, and no Plan of
Operations agreed on in Case the Fleet did not arrive, the supporting of
about seven hundred _Indians_ was a great Expence to his Excellency, for
which he had no Allowance from the Province of _New-York_, or for any
other Charge attending this Treaty: And as many of the _Indians_, (above
twenty) had got the Small-pox, it being impracticable to prevent their
going into Town, or conversing with the Town's People, and the _Indians_
becoming uneasy by Reason of the Sickness of many, and Death of some;
his Excellency thought it most prudent to dismiss them as soon as
possible from this Place, and to give Orders to Mr. _Johnson_, to send
out several Parties from _Schenectade_, or his own Settlement near the
lower _Mohawk_ Castle, to harrass the _French_ Settlements in _Canada_;
and for that Purpose delivered to him Cloathing, Arms and Ammunition, to
be given to the fighting Men, as his Excellency had promised them
whenever they entered on Service, and impowered him to furnish them with
Provisions, and whatever Necessaries they should want.
Before they went, his Excellency sent to them, to desire them to leave
their Sick, with a Promise to take all Care possible of them, and that
he would order Physicians to attend them. They were very sensible of
this Kindness, and acknowledged it; but not above two or three could be
prevailed to stay, who were so ill that they could not be removed: All
possible Care was taken of the other Sick, in the Waggons which carried
them to _Schenectade_.
On the 26th of _September_, the Captains _Staats_ and _Vromen_, brought
the _Indians_ living on the Branches of the _Susquehannah_ River; they
came in the _Indian_ Order, marching in a single Line one after the
other, and as they passed the Fort, saluted by a running Fire along the
Line; which Salute the Governor ordered to be returned, by a Discharge
of some Cannon from the Fort.
On _Monday_ the 8th of the same Month his Excellency spoke to them,
telling them the Substance of what he had ordered to be said to the _Six
Nations_, and their Answer; and as this has been set forth at Length
before, it is needless to repeat what was then said. The Reason of his
Excellency's speaking to them in this Manner was, because these Nations
living on the _Susquehannah_ River and its Branches, are known to be
Dependents on the _Six Nations_.
The next Day they gave their Answer; the Gentlemen of the Council, the
Commissioners for _Indian_ Affairs, the Corporation of _Albany_, the
Officers of the four Independent Companies, and several Officers of the
new Levies, and other Gentlemen being present, as they were when his
Excellency spoke to the _Indians_: Their Answer was publickly
interpreted as follows;
Brother of _New-York_,
_We live at_ Ohguago; _what News you send to the_ Six Nations
_is not truly reported to us, nor what the Governor of_ Canada
_sends to them; we have not been properly taken Notice of, nor
timely acquainted with your Design to treat with the_ Six
Nations, _till near the Time that your Interview with them was
over; otherwise we should have readily come along with them, to
hear what our Brother had to propose to us; and if we had
received earlier Notice, a much larger Number of our fighting
Men would have come along with us: Our Settlements are
scattering, and some of them at a great Distance from others,
and many of our Men are from Home a hunting; we have, however,
sent the Belt of Invitation forward to those who live at a
greater Distance, that they may be able at the Time appointed,
to come and join us in the War, as by your Belt we were
desired._
Brother, _You Yesterday informed us of what you had said to the_
Six Nations, _and their Answer; we are grieved that the_ Six
Nations _have not already made use of the Hatchet, but have
hitherto kept it by them, and have not sent out their young Men
to revenge the Murders which have been committed by the Enemy._
_We are resolved to make use of the Hatchet against the_ French,
_to revenge the Injuries done to you and your People, our
Brethren._
_We have received at Times very different Kind of News from the_
Six Nations, _sometimes it seemed as if the_ French _would be
Masters; but it cannot be so, they are a deceitful People, and
cannot be trusted; they make fair Promises, and have no
Intention to perform them; they flatter themselves with Hopes to
be Masters, but they shall be disappointed; for we shall keep
the Hatchet firmly in our Hands, and are resolved to make Use of
it._
_We know several Roads that lead to_ Canada, _we want to see the
Hatchet, that we may take it up._
Upon which his Excellency threw down a Hanger, which the Speaker took up
and began the War-Dance, and several others danced the same after him.
After which they desired his Excellency to take Care of them, as he had
promised.
His Excellency returned them Thanks for their so readily taking up the
Hatchet; he said, that he would presently set the War-Kettle over the
Fire, and provide them with every Thing necessary for the War. His
Excellency gave them a handsome Present in publick for their Nations in
general, and private Presents to their principal Sachems; one of which
promised, that after his return Home, he would go round all the _Indian_
Settlements, to invite them into the War against the _French_, and their
_Indians_; and that he did not doubt to be able to bring six hundred Men
from the _Indian_ Settlements on the _Susquehannah_ River and its
Branches, to march at any Time, and to any Place, his Excellency should
appoint, in order to join the Forces intended against _Canada_; in the
mean Time they would cause a Party of their Men to go out with his Men
to scour the Woods, and clear them of the _French_ sculking _Indians_.
About this Time, a Serjeant of Capt. _Livingston_'s Company was
surprized and killed by a sculking Party of _French Indians_: In a few
Minutes after the Account of this came to his Excellency, who happened
to be dining at that Time in Capt. _Wrexall's_ Tent, fourteen of the
_Susquehannah Indians_ were observed running past the Tent, in order to
cross the River, and meet the _French Indians_; which his Excellency
observing, and being apprehensive that they might meet with some of the
Parties of the new Levies that were gone out for the same Purpose, and
that they might be in Danger of being attacked through Mistake; he ask'd
if any of the Guard which then attended, would voluntarily go along with
the _Indians_? Two Men offered themselves, who went with one who
understood the _Indian_ Language, in order to prevent Mistakes. Happy it
was that this Precaution was taken; for Capt. _Fanning_ with a great
Part of his Company, having gone out with the same Intention of
intercepting the _French Indians_, he discovered this Party of our
_Indians_, and taking them to be _French Indians_, he kept his Men under
the Cover of some Bushes, with their Arms ready to fire, expecting the
nearer Approach of the _Indians_; when one of the Christians who were
with them, observing Capt. _Fanning_'s Men, called out, and came up to
Capt. _Fanning_ when his Men were ready to fire. None of the Parties
that went out were able to discover any of the Enemy.
His Excellency afterwards sent out sixteen of these _Indians_, and
cloathed them for that Purpose, together with about sixty Men detached
from the Companies levied in the County of _Albany_, in order to scour
the Woods, and to advance as far as the Lakes to gain Intelligence, by
taking Prisoners or otherwise. While this Party was out, some of the
_Indians_ fell sick, and the others being apprehensive of the same
Misfortune, they return'd, after having been but a few Days in the
Woods. His Excellency then perceiving the Uneasiness the _Indians_ were
under from the Apprehensions of Sickness, found it necessary to dismiss
them all, on their Promise to return, whenever his Excellency should
order, with all the Force they shall be able to collect; and which, they
said, as before observed, might amount to six hundred Men. The Number of
_Indians_ that came at this Time from the _Susquehannah_ River,
consisted only of about sixty fighting Men, besides old Men, Women, and
Children: More had come near to _Albany_, but having there heard of the
Small-pox and Sickness that was at _Albany_, and that many of the _Six
Nations_ had catched the Infection, and several of them were dead, they
returned back.
After the _Six Nations_ left _Albany_, many of them were taken sick on
their Way Home, before they reached the _Mohawk_ Castles, and a
considerable Number of the briskest young Men of the _Mohawks_ died.
This retarded the Execution of the Order given to Mr. _Johnson_, to
send out Parties to harrass the _French_ Settlements in _Canada_, though
he used all the Means in his Power to effect it. While he was pressing
them to this Purpose, one of the Sachems who had promised to head a
Party from the _Canajohary_ Castle, said, _You seem to think that we are
Brutes, that we have no Sense of the Loss of our dearest Relations, and
some of them the bravest Men we had in our Nation: You must allow us
Time to bewail our Misfortune_.
About ten Days before his Excellency left _Albany_, a Party of upwards
of seventy Men, consisting of some of each Nation, went against
_Canada_: Some Christians were of the Party to assist and direct, and to
be Witnesses of the behaviour of the _Indians_. They were to avoid all
the Lakes, and the usual Roads and Passes to _Canada_, and were to go
thro' the Woods over Mountains, that are seldom passed, to prevent the
Enemies discovering them: But after these had been out, Capt. _Butler_'s
Son, to whom the chief Direction of this Party was committed, was taken
ill of the Small-pox, and five of the _Indians_ were obliged to return
to carry him Home. Another small Party was sent out to take Prisoners,
and gain Intelligence at _Crown-Point_. At the writing of this, it is
not known what Success they have had.
When the _Six Nations_ had come as far as the lower _Mohawk_ Castle, in
their return Home, they were met by about six Men of their own Nations,
who delivered a Message from _Canada_, which had been brought by the
_Indian_ who was taken by the _French_ at _Crown Point_, and carried to
_Canada_. The Message was interpreted in the following Words: "The
Governor of _Canada_ had called the _Cahnuaga Indians_ to him, and then
complained to them, that some of the _Six Nations_, his Children, had
killed some of his People: You all know, _he said_, that I am not hasty
or passionate, but will rather bear a great deal than shew Resentment,
wherefore I am resolved to pass this over; but in the mean Time I must
desire you to go among the _Six Nations_, to find out the Reason of this
Proceeding, and to tell them, that is any Thing like it happen again, I
will make them smart: You may nevertheless assure my Children[12] of the
_Six Nations_, that I love and esteem them equally with the _Cahnuagas_,
or _Shawendadies_[13], being of the same Blood. And to convince them of
my Love, I now send back to them one of their People that was taken at
_Crown Point_, without eating his Flesh. And now _Cahnuagas_, my
Children, I would not have you spill any more Blood from _Albany_
upwards, for I begin to pity their Weakness; but turn your Arms towards
_New-England_, against your most inveterate Enemies, there is the Place
for you to gain Honour now."
The _Cahnuagas_ gave the following Answer to the Governor of _Canada_:
Father, _You are in the wrong, to desire us to go among the_ Six Nations
_for Intelligence, or with Menaces; for such will only stir them up, and
bring them and all their Allies (who are very numerous) upon you, to
destroy you at once. We know they are not to be bullied by your Words or
ours, wherefore,_ Father, _we must leave you to go through this Work by
yourself._
After having as above, related what had passed between them and the
Governor of _Canada_, they sent the following Message from themselves.
_Brethren of the Six Nations_, "We hear the Governor of _New-York_ has
invited you to meet him; we intreat you not to mind any Thing he shall
say, in order to set you against us; for if you do, you, as well as we,
must all die. Wherefore, _Brethren_, we conjure you by all the Ties of
Friendship subsisting between us, to inform us of any Design that is
plotting against us; and that when any such Thing shall be discovered,
you will send an Express to _Cadarackui_[14], where our Fire always
burns.
"_Brethren_, We shall be glad to see you next Spring at _Cahnuaga_, to
hold a Council together, where you shall be as safe and welcome as ever.
"_Brethren_, The Governor our Father, being informed, that your Governor
is raising Men to come against _Canada_, desires us to tell you, that he
has _one thousand eight hundred_ Men at _Crown Point_, ready to give
them Battle; in which Number, the Men of eight Castles of the _Utawawas_
are included.
"_Brethren_, Be not angry at our destroying _Saraghtoga_ last Fall; Col.
_Schuyler_ dar'd us to it, by saying he wished to see a _French_ Army
there: We gratified him in his Wish."
A _Cahnuaga Indian_ was sent along with the Prisoner that was restored;
but when he came near the Settlements of the _Six Nations_, his Heart
fail'd him, and he sent the Prisoner forward by himself with the
Message.
The Readiness with which the _Six Nations_ communicated this Message,
and the flight they in all Appearance put upon it, is some Proof of
their Sincerity in the Promises they made to his Excellency; neither
from any Thing which has happened can it be shewn, that they were not
sincere. On the contrary, it appears by Mr. _Johnson_'s Letter to his
Excellency of the 21st of _October_, that several Parties are now out
against the _French_; and that Mr. _Johnson_ having received Orders
from Col. _Roberts_, to send as many _Indians_ as possible to join the
Army, all the _Mohawks_, even their oldest Men, were fitted out and
ready; and having sent to the upper Castles at the same Time, they
appeared so hearty, that there would not have remained above three old
Men in any of the next Castles: And that Col. _Roberts_ afterwards
contradicting these Orders, they had appeared very uneasy on their being
stopt. It was not expected that they would enter into the War without
us, or by themselves, neither are they a People of so little Thought, as
to give any Reason to expect it from them.
When the Companies raised in _Pensylvania_ arrived at _Albany_, his
Excellency was informed by their Captains, that Mr. _Thomas_ Governor of
that Province, had sent _Conrad Weiser_ their publick Interpreter, among
the _Susquehannah Indians_; and that they expected his Arrival at this
Place in a little Time, with at least three hundred _Indians_. The
Treaties with the _Indians_, which Mr. _Thomas_ has published, gave
great Hopes of the Success that Interpreter would have; and thereby
increased the Disappointment, when Mr. _Weiser_ arrived a few Days
before his Excellency left _Albany_, and did not bring one _Indian_ with
him.
His Excellency Governor _Clinton_, had perhaps more Difficulties to
struggle with on this Occasion, than any Governor of _New-York_ had at
any Time: The _Six Nations_ had on several Occasions given Grounds of
Mistrust; the Governor of _Canada_ was attempting all the Means in his
Power to divert their Affections from us; the People of the County of
_Albany_ had for some Time past, entertained a Dissatisfaction in the
Conduct of the Commissioners for _Indian_ Affairs; the Commissioners
themselves were divided in their Sentiments, and several of them refused
to attend their Meetings; and they confessed to his Excellency, that
they had lost all Influence on the _Indians_; Mr. _Gooch_ having
declined the Command of the Forces at _Albany_, his Excellency was
forced likewise to undertake a new and great Care, which he in no Manner
expected when he left the City of _New York_, and which from many
Incidents, was attended with many Difficulties. If these Things be duly
considered, and the Dangers his Person was in from the Infection of two
different Diseases, which at that Time raged in the City of _Albany_, of
which great Numbers died during his Residence there of near three
Months; none can doubt of his hearty Zeal for the Success of an Affair,
in which the Safety and Prosperity of all the Colonies in North
_America_, were immediately concerned.
But as every one may not be sufficiently apprized of what Consequence
the _Six Nations_ being hearty, is to the Interest of _Great-Britain_,
it may be proper to observe, That though a Number of _Indians_ to march
with the Army, which was intended to attack _Canada_, would be of great
Use in discovering and defeating the Ambushes of the Enemy's _Indians_,
while they were every Day to be guarded against by the Forces which were
to march by Land, and would by their Incursions into the Enemy's
Country, terribly harass them, and keep them from joining their Forces
into any great Body to oppose the Design; these are not the most
considerable Advantages might be gained from the Affection of the _Six
Nations_ at this Time, or any Time of War; for if the inland Extent of
the Colonies from _Nova Scotia_ to _Georgia_ be considered, and at the
same Time the numerous _Indian_ Nations on the Continent of _America_,
who may by the Artifices of the _French_ be induced to make Incursions
every where; and the cruel Methods by which the _Indians_ make
Incursions in small Parties, from the vast Forest which every where
covers the Continent, and which in many Places is impenetrable; it must
evidently appear, that though the _English_ Colonies be of much superior
Force in Numbers of Men, yet their Number would not be sufficient to
protect their Frontiers from the Incursions of the _Indians_ in every
Place: And, that while their Forces must in this Case be divided and
scattered all over their Frontiers, it may be in the Power of the
_French_ in _Canada_, to invade with Success any Part of the _English_
Colonies. On the other Hand, if a proper Attempt were to be made by the
Northern Colonies alone, without the Assistance of their Mother Country,
but with the Assistance of the _Indians_, it would in all Appearance be
sufficient to reduce _Canada_; for if the _Indian_ Nations can be
persuaded to join heartily, (as from what is above related it seems
probable they may) it will be impossible for the Inhabitants of _Canada_
to defend themselves from the Incursions of these numerous _Indian_
Nations, and from a Body of regular Troops at the same Time. As the
_French_ are very sensible of these Advantages to be gain'd from the
Friendship of the _Indian_ Nations, they neglect no Means in their Power
to procure them: And it is to be hoped, that the Northern Colonies will
be no less assiduous in a Matter on which their Well-being at least
depends.
Some People wish that the _Indians_ may remain neuter, and think it
adviseable to pursue Measures for that Purpose, by which many horrid
Barbarities would be prevented. No doubt this is to be wished; but can
the _English_ Colonies by any Means be assured, that the _French_ will
be sincere in preserving such a Neutrality? And if they be not sincere,
we shall more certainly expose ourselves to all these Calamities, than
we are now by _Indians_ being engaged on both Sides. The _Six Nations_
are by their natural Inclinations, disposed to War-like Enterprizes:
They never have been at Peace with all their Neighbours, since they were
known to Christians. The Reputation they have gained among all the
_Indian_ Nations in North _America_, gives them an Influence in the
Councils of every Nation. It may then be easy for the _French_ to turn
this Disposition to War in the _Six Nations_, against us, and by their
Influence draw all the _Indian_ Nations in North _America_ upon us. The
Genius of the _Six Nations_ will not suffer them to remain inactive,
while their Neighbours are at War.
In the last Place, it may not be improper to observe at this Time, that
though the Colonies to the Southward (and the Inhabitants of the Parts
of the Northern Colonies, which are less exposed to the Incursions of
_Indians_) think themselves little concerned in Interest, or in the
Consequences of the present War; yet if they would consider that the
Northern Colonies are really their Frontiers, and that they defend the
others from all the Calamities of a most barbarous War; the Southern
Colonies must think that any Contribution of Men and Money, which is
expected from them, is an easy Purchase of the Freedom from such
Calamities, to which their Brethren are subjected; and that while they
can follow their Occupations at Ease, they are much better enabled to
support the Expence of a War than the Northern Colonies are, where the
Inhabitants are every Day in Danger of their Lives from a cruel Enemy,
while at their daily and innocent Labours. If the Southern Colonies
neglect to keep the War at a Distance from them, they may at an improper
Time, become sensible of the Evils their Brethren suffer, and of their
own Folly at the same Time.
_New-York, Dec._ 2, 1746.
The Party of seventy _Indians_ and Whites mentioned in this Treaty, did
not go out together as was at first intended, Sickness and other
Incidents made it necessary to alter the Measures at first proposed. One
Party of thirty _Indians_ and ten Whites went by themselves. These fell
upon a _French_ Settlement on the North-side of _St. Lawrence_ River,
about 10 Leagues above _Montreal_, and brought away eight _French_
Prisoners, one of them a Captain of Militia, and four Scalps. Another
Party of nine _Indians_ went to the _Cahnuagas_, under Pretence of
continuing the Neutrality with them, they were introduced to the
Governor of _Montreal_ under the same Pretence, who made them Presents:
Their Design was to gain what Intelligence they could, and after they
had done this, they acted their Part so well, that they received several
Letters, one from the Governor of _Montreal_, and others from
considerable Persons to the Commandant of Fort _St. Frederic_ at _Crown
Point_. In their Way thither, by which they were to return Home, they
surprized some _French_ in a small Fort, killed five, and brought away
one Prisoner and one Scalp. They brought the _French_ Prisoner and the
Letters to the commanding Officer at _Albany_, and informed him of what
they had seen and heard at _Montreal_.
[Illustration]
[Footnote 12: The governor of _Canada_ calls the _Six Nations_ (and all
the _Indian_ Nations depending on him) _Children_, as the Governor of
_New-York_ calls them _Brethren_.]
[Footnote 13: Another Settlement of Deserters from the _Six Nations_,
and dwelling near _Montreal_.]
[Footnote 14: A _French_ Fort opposite to _Oswego_, and the East End of
_Cadarackui_ Lake, or Lake _Frontenac_.]
A
C O L L E C T I O N
O F
C H A R T E R S
A N D O T H E R P U B L I C K A C T S,
R E L A T I N G T O T H E
Province of _PENSYLVANIA_,
_V I Z_.
I. The R O Y A L C H A R T E R to _W I L L I A M P E N N_, Esq;
II. The first F R A M E of Government, granted in _England_, in 1682.
III. L A W S agreed upon in _England_.
IV. Certain C O N D I T I O N S or C O N C E S S I O N S.
V. The A C T of S E T T L E M E N T, made at _Chester_, 1682.
VI. The second F R A M E of Government, granted 1683.
VII. The C H A R T E R of the C I T Y of _P H I L A D E L P H I A_,
granted _October_ 25, 1701.
VIII. The New C H A R T E R of P R I V I L E G E S to the Province,
granted _October_ 28, 1701.
_The_ C H A R T E R of Charles II. _of_ England, Scotland, France,
_and_ Ireland, K i n g, _Defender of the Faith_, &c.
_Unto_ William Penn, _Proprietary and Governor of the Province of_
Pensylvania.
_CHARLES_, by the Grace of G O D, King of _England, Scotland, France_, and
_Ireland_, Defender of the Faith, &c. To all to whom these Presents
shall come, _Greeting_. W H E R E A S our trusty and well-beloved Subject
_William Penn_, Esq; Son and Heir of Sir _William Penn_ deceased, (out
of a commendable Desire to enlarge our _English_ Empire, and promote
such useful Commodities as may be of Benefit to us and our Dominions, as
also to reduce the savage Natives by gentle and just Manners, to the
love of civil Society and the Christian Religion) hath humbly besought
Leave of us, to transport an ample Colony unto a certain Country herein
after described, in the Parts of _America_, not yet cultivated and
planted; and hath likewise so humbly besought our Royal Majesty to give,
grant, and confirm all the said Country, with certain Privileges and
Jurisdictions, requisite for the good Government and Safety of the said
Country and Colony, to him and his Heirs for ever.
S E C T. I.
K N O W Y E T H E R E F O R E, That we (favouring the Petition and
good Purpose of the said _William Penn_, and having Regard to the Memory
and Merits of his late Father in divers Services, and particularly to
his Conduct, Courage, and Discretion under our dearest Brother _J A M E
S_ Duke of _York_, in that signal Battle and Victory fought and obtained
against the _Dutch_ Fleet, commanded by the Heer _Van Opdam_, in the
Year 1665: In Consideration thereof, of our special Grace, certain
Knowledge, and meer Motion) have given and granted, and by this our
present Charter, for us, our Heirs and Successors, do give and grant
unto the said _William Penn_, his Heirs and Assigns, all that Tract or
Part of Land in _America_, with the Islands therein contained, as the
same is bounded on the East by _Delawar_ River, from twelve Miles
Distance Northwards of _Newcastle_ Town unto the three and fortieth
Degree of Northern Latitude, if the said River doth extend so far
Northward: But if the said River shall not extend so far Northward, then
by the said River so far as it doth extend, and from the Head of the
said River the Eastern Bounds are to be determined by a Meridian Line,
to be drawn from the Head of the said River, unto the said forty-third
Degree. The said Land to extend Westward five Degrees in Longitude, to
be computed from the said Eastern Bounds; and the said Lands to be
bounded on the North by the Beginning of the three and fortieth Degree
of Northern Latitude, and on the South by a Circle drawn at twelve Miles
Distance from _Newcastle_ Northward, and Westward unto the Beginning of
the fortieth Degree of Northern Latitude, and then by a strait Line
Westwards to the Limits of Longitude above-mentioned.
S E C T. II.
W E do also give and grant unto the said _William Penn_, his Heirs and
Assigns, the free and undisturbed Use and Continuance in, and Passage
unto, and out of all and singular Ports, Harbours, Bays, Waters, Rivers,
Isles, and Inlets, belonging unto, or leading to and from the Country or
Islands aforesaid, and all the Soils, Lands, Fields, Woods, Underwoods,
Mountains, Hills, Fenns, Isles, Lakes, Rivers, Waters, Rivulets, Bays,
and Inlets, situated or being within, or belonging to the Limits or
Bounds aforesaid, together with the Fishing of all Sorts of Fish,
Whales, Sturgeon, and all royal and other Fishes, in the Seas, Bays,
Inlets, Waters, or Rivers within the Premisses, and all the Fish therein
taken; and also all Veins, Mines, Minerals, and Quarries, as well
discovered as not discovered, of Gold, Silver, Gemms, and precious
Stones, and all other whatsoever, be it Stones, Metals, or of any other
Thing or Matter whatsoever, found or to be found within the Country,
Isles, or Limits aforesaid.
S E C T. III.
A N D him, the said _William Penn_, his Heirs and Assigns, we do by this
our Royal Charter, for us, our Heirs and Successors, make, create, and
constitute, the true and absolute Proprietary of the Country aforesaid,
and of all other the Premisses: Saving always to us, our Heirs and
Successors, the Faith and Allegiance of the said _William Penn_, his
Heirs and Assigns, and of all other Proprietaries, Tenants, and
Inhabitants, that are or shall be within the Territories and Precincts
aforesaid; and saving also, unto us, our Heirs and Successors, the
Sovereignty of the aforesaid Country, to have, hold, possess, and enjoy
the said Tract of Land, Country, Isles, Inlets, and other the Premisses,
unto the said _William Penn_, his Heirs and Assigns, to the only proper
Use and Behoof of the said _William Penn_, his Heirs and Assigns, for
ever, to be holden of us, our Heirs and Successors, Kings of _England_,
as of our Castle of _Windsor_ in our County of _Berks_, in free and
common Soccage, by Fealty only for all Services, and not in Capite or by
Knights Service: Yielding and paying therefore to us, our Heirs and
Successors, two Beaver-skins, to be delivered at our Castle of _Windsor_
on the first Day of _January_ in every Year; and also the fifth Part of
all Gold and Silver Oar, which shall from Time to Time happen to be
found within the Limits aforesaid, clear of all Charges. And of our
further Grace, certain Knowledge, and meer Motion, we have thought fit
to erect, and we do hereby erect the aforesaid Country and Islands into
a Province and Seignorie, and do call it P E N S Y L V A N I A, and so
from henceforth will have it called.
S E C T. IV.
A N D forasmuch as we have hereby made and ordained the aforesaid
_William Penn_, his Heirs and Assigns, the true and absolute
Proprietaries of all the Lands and Dominions aforesaid, K N O W Y E
T H E R E F O R E, That we (reposing special Trust and Confidence In the
Fidelity, Wisdom, Justice, and provident Circumspection of the said
_William Penn_) for us, our Heirs and Successors, do grant free, full,
and absolute Power (by Virtue of these Presents) to him and his Heirs,
to his and their Deputies, and Lieutenants for the good and happy
Government of the said Country, to ordain, make, and enact, and under
his and their Seals to publish any Laws whatsoever, for the raising of
Money for publick Uses of the said Province, or for any other End,
appertaining either unto the publick State, Peace, or Safety of the said
Country, or unto the private Utility of particular Persons, according
unto their best Discretion, by and with the Advice, Assent, and
Approbation of the Freemen of the said Country, or the greater Part of
them, or of their Delegates or Deputies, whom for the enacting of the
said Laws, when, and as often as Need shall require, we will that the
said _William Penn_ and his Heirs, shall assemble in such Sort and Form,
as to him and them shall seem best, and the same Laws duly to execute,
unto and upon all People within the said Country and Limits thereof.
S E C T. V.
A N D we do likewise give and grant unto the said _William Penn_, and to
his Heirs, and their Deputies and Lieutenants, full Power and Authority,
to appoint and establish any Judges and Justices, Magistrates and other
Officers whatsoever, for what Causes soever, (for the Probates of Wills,
and for the granting of Administrations within the Precincts aforesaid)
and with what Power soever, and in such Form, as to the said _William
Penn_ or his Heirs, shall seem most convenient: Also to remit, release,
pardon, and abolish (whether before Judgment or after) all Crimes and
Offences whatsoever, committed within the said Country, against the said
Laws, (Treason and wilful and malicious Murder only excepted, and in
those Cases to grant Reprieves, until our Pleasure may be known therein)
and to do all and every other Thing and Things, which unto the compleat
Establishment of Justice unto Courts and Tribunals, Forms of Judicature,
and Manner of Proceedings do belong, although in these Presents express
Mention be not made thereof; and by Judges by them delegated, to award
Process, hold Pleas, and determine in all the said Courts and Tribunals
all Actions, Suits, and Causes whatsoever, as well criminal as civil,
personal, real, and mixt; which Laws so, as aforesaid, to be published,
our Pleasure is, and so we enjoin, require, and command, shall be most
absolute and available in Law; and that all the Liege People and
Subjects of us, our Heirs and Successors, do observe and keep the same
inviolably in those Parts, so far as they concern them, under the Pain
therein expressed, or to be expressed. P R O V I D E D nevertheless,
That the same Laws be consonant to Reason, and not repugnant or
contrary, but (as near as conveniently may be) agreeable to the Laws and
Statutes, and Rights of this our Kingdom of _England_, and saving and
reserving to us, our Heirs and Successors, the receiving, hearing, and
determining of the Appeal and Appeals of all or any Person or Persons,
of, in, or belonging to the Territories aforesaid, or touching any
Judgment to be there made or given.
S E C T. VI.
A N D forasmuch as in the Government of so great a Country, sudden
Accidents do often happen, whereunto it will be necessary to apply
Remedy before the Freeholders of the said Province, or their Delegates
or Deputies can be assembled to the making of Laws; neither will it be
convenient that instantly upon every such emergent Occasion, so great a
Multitude should be called together: Therefore (for the better
Government of the said Country) we will, and ordain, and by these
Presents, for us, our Heirs and Successors, do grant unto the said
_William Penn_ and his Heirs, by themselves, or by their Magistrates and
Officers, in that Behalf duly to be ordained as aforesaid, to make and
constitute fit and wholesome Ordinances, from Time to Time, within the
said Country to be kept and observed, as well for the Preservation of
the Peace, as for the better Government of the People there inhabiting;
and publickly to notify the same to all Persons, whom the same doth or
may any Ways concern. Which Ordinances our Will and Pleasure is, shall
be observed inviolably within the said Province, under the Pains therein
to be expressed, so as the said Ordinances be consonant to Reason, and
be not repugnant nor contrary, but (so far as conveniently may be)
agreeable with the Laws of our Kingdom of _England_, and so as the said
Ordinances be not extended in any Sort to bind, change, or take away the
Right or Interest of any Person or Persons, for or in their Life,
Members, Freehold, Goods, or Chattles. And our farther Will and
Pleasure is, That the Laws for regulating and governing of Property
within the said Province, as well for the Descent and Enjoyment of
Lands, as likewise for the Enjoyment and Succession of Goods and
Chattles, and likewise as to Felonies, shall be and continue the same,
as they shall be for the Time being, by the general Course of the Law in
our Kingdom of _England_, until the said Laws shall be altered by the
said _William Penn_, his Heirs or Assigns, and by the Freemen of the
said Province, their Delegates or Deputies, or the greater Part of them.
S E C T. VII.
A N D to the End that the said _William Penn_, or his Heirs, or other the
Planters, Owners, or Inhabitants of the said Province, may not at any
Time hereafter (by Misconstruction of the Power aforesaid) through
Inadvertency or Design, depart from that Faith and due Allegiance, which
by the Laws of this our Realm of _England_, they and all our Subjects,
in our Dominions and Territories, always owe to us, our Heirs and
Successors, by Colour of any Extent or Largeness of Powers hereby given,
or pretended to be given, or by Force or Colour of any Laws hereafter to
be made in the said Province, by Virtue of any such Powers; O U R farther
Will and Pleasure is, That a Transcript or Duplicate of all Laws, which
shall be so as aforesaid made and published within the said Province,
shall within five Years after the making thereof, be transmitted, and
delivered to the Privy Council, for the Time being of us, our Heirs and
Successors: And if any of the said Laws within the Space of six Months
after that they shall be so transmitted and delivered, be declared by
us, our Heirs and Successors, in our or their Privy Council,
inconsistent with the Sovereignty, or lawful Prerogative of us, our
Heirs or Successors, or contrary to the Faith and Allegiance due to the
legal Government of this Realm, from the said _William Penn_, or his
Heirs, or of the Planters and Inhabitants of the said Province, and that
thereupon any of the said Laws shall be adjudged and declared to be void
by us, our Heirs and Successors, under our or their Privy Seal, that
then and from thenceforth, such Laws, concerning which such Judgment and
Declaration shall be made, shall become void: Otherwise the said Laws so
transmitted, shall remain, and stand in full Force, according to the
true Intent and Meaning thereof.
S E C T. VIII.
F U R T H E R M O R E, that this new Colony may the more happily
increase, by the Multitude of People resorting thither; Therefore we,
for us, our Heirs and Successors, do give and grant by these Presents,
Power, Licence, and Liberty unto all the Liege People and Subjects, both
present and future, of us, our Heirs and Successors, (excepting those
who shall be especially forbidden) to transport themselves and Families
unto the said Country, with such convenient Shipping as by the Laws of
this our Kingdom of _England_ they ought to use, and with fitting
Provision, paying only the Customs therefore due, and there to settle
themselves, dwell and inhabit, and plant, for the publick, and their own
private Advantage.
S E C T. IX.
A N D F U R T H E R M O R E, that our Subjects may be the rather
encouraged to undertake this Expedition with ready and chearful Minds, K
N O W Y E, That we, of our special Grace, certain Knowledge, and mere
Motion, do give and grant by virtue of these Presents, as well unto the
said _William Penn_, and his Heirs, as to all others, who shall from
time to time repair unto the said Country, with a Purpose to inhabit or
trade with the Natives of the said Country, full Licence to lade and
freight in any Ports whatsoever, of us, our Heirs and Successors,
according to the Laws made, or to be made within our Kingdom of
_England_, and unto the said Country, by them, their Servants or
Assigns, to transport all and singular their Goods, Wares and
Merchandizes, as likewise all Sorts of Grain whatsoever, and all other
Things whatsoever, necessary for Food or Clothing, not prohibited by the
Laws and Statutes of our Kingdom and Dominions to be carried out of the
said Kingdom, without any Let or Molestation of us, our Heirs or
Successors, or of any of the Officers of us, our Heirs or Successors;
saving always to us, our Heirs and Successors, the legal Impositions,
Customs, or other Duties and Payments, for the said Wares and
Merchandizes, by any Law or Statute due, or to be due to us, our Heirs
and Successors.
S E C T. X.
A N D we do further, for us, our Heirs and Successors, give and grant
unto the said _William Penn_, his Heirs and Assigns, free and absolute
Power, to divide the said Country and Islands into Towns, Hundreds and
Counties, and to erect and incorporate Towns into Boroughs, and Boroughs
into Cities, and to make and constitute Fairs and Markets therein, with
all other convenient Privileges and Immunities, according to the Merits
of the Inhabitants, and the Fitness of the Places, and to do all and
every other Thing and Things touching the Premises, which to him or them
shall seem meet and requisite; albeit they be such, as of their own
Nature might otherwise require a more special Commandment and Warrant,
than in these Presents is expressed.
S E C T. XI.
W E will also, and by these Presents, for us, our Heirs and Successors,
we do give and grant Licence by this our Charter, unto the said _William
Penn_, his Heirs and Assigns, and to all the Inhabitants and Dwellers in
the Province aforesaid, both present and to come, to import or unlade,
by themselves or their Servants, Factors, or Assigns, all Merchandizes
and Goods whatsoever, that shall arise of the Fruits and Commodities of
the said Province, either by Land or Sea, into any of the Ports of us,
our Heirs or Successors, in our Kingdom of _England_, and not into any
other Country whatsoever: And we give him full Power to dispose of the
said Goods, in the said Ports; and if need be, within one Year next
after the Unlading of the same, to lade the said Merchandize and Goods
again into the same or other Ships, and to transport the same into any
other Countries, either of our Dominions or foreign, according to Law;
provided always, that they pay such Customs and Impositions, Subsidies
and Duties for the same, to us, our Heirs and Successors, as the rest of
our Subjects of our Kingdom of _England_, for the Time being, shall be
bound to pay, and do observe the Acts of Navigation, and other Laws in
that Behalf made.
S E C T. XII.
A N D F U R T H E R M O R E, of our ample and special Grace, certain
Knowledge, and mere Motion, we do, for us, our Heirs and Successors,
grant unto the said _William Penn_, his Heirs and Assigns, full and
absolute Power and Authority, to make, erect, and constitute, within the
said Province, and the Isles and Inlets aforesaid, such and so many
Sea-ports, Harbours, Creeks, Havens, Keys, and other Places, for
Discharging and Unlading of Goods and Merchandizes out of the Ships,
Boats, and other Vessels, and landing them unto such and so many Places;
and with such Rights, Jurisdictions, Liberties and Privileges unto the
said Ports belonging, as to him and them shall seem most expedient; and
that all and singular the Ships, Boats, and other Vessels, which shall
come for Merchandize and Trade into the said Province, or out of the
same, shall be laden or unladen only at such Ports as shall be created
and constituted by the said _William Penn_, his Heirs or Assigns, (any
Use, Custom, or Thing to the contrary notwithstanding.) Provided, that
the said _William Penn_, and his Heirs, and the Lieutenants and
Governors for the Time being, shall admit and receive in, and about all
such Havens, Ports, Creeks and Keys, all Officers and their Deputies,
who shall from Time to Time be appointed for that Purpose by the Farmers
or Commissioners of our Customs for the Time being.
S E C T. XIII.
A N D we do further appoint and ordain, and by these Presents, for us,
our Heirs and Successors, we do grant unto the said _William Penn_, his
Heirs and Assigns, That he, the said _William Penn_, his Heirs and
Assigns, may from time to time for ever, have and enjoy the Customs and
Subsidies, in the Ports, Harbours, and other Creeks and Places
aforesaid, within the Province aforesaid, payable or due for Merchandize
and Wares there to be laded and unladed, the said Customs and Subsidies
to be reasonably assessed upon any Occasion, by themselves and the
People there as aforesaid to be assembled, to whom we give Power by
these Presents, for us, our Heirs and Successors, upon just Cause and
due Proportion to assess and impose the same; saving unto us, our Heirs
and Successors, such Impositions and Customs, as by Act of Parliament
are and shall be appointed.
S E C T. XIV.
A N D it is our farther Will and Pleasure, That the said _William Penn_,
his Heirs and Assigns, shall from Time to Time constitute and appoint an
Attorney or Agent, to reside in or near our City of _London_, who shall
make known the Place where he shall dwell, or may be found, unto the
Clerks of our Privy-Council for the Time being, or one of them, and
shall be ready to appear in any of our Courts at _Westminster_, to
answer for any Misdemeanor that shall be committed, or by any wilful
Default or Neglect permitted by the said _William Penn_, his Heirs or
Assigns, against the Laws of Trade and Navigation; and after it shall be
ascertained in any of our said Courts, what Damages we or our Heirs or
Successors shall have sustained by such Default or Neglect, the said
_William Penn_, his Heirs or Assigns, shall pay the same within one Year
after such Taxation, and Demand thereof, from such Attorney; or in case
there shall be no such Attorney by the Space of one Year, or such
Attorney shall not make Payment of such Damages within the Space of a
Year, and answer such other Forfeitures and Penalties within the said
Time, as by the Acts of Parliament in _England_ are and shall be
provided, according to the true Intent and Meaning of these Presents;
then it shall be lawful for us, our Heirs and Successors, to seize and
resume the Government of the said Province or Country, and the same to
retain until Payment shall be made thereof: But notwithstanding any such
Seizure or Resumption of the Government, nothing concerning the
Propriety or Ownership of any Lands, Tenements, or other Hereditaments,
or Goods or Chattles, of any of the Adventurers, Planters, or Owners,
other than the respective Offenders there, shall any ways be affected or
molested thereby.
S E C T. XV.
P R O V I D E D always, and our Will and Pleasure is, That neither the
said _William Penn_, nor his Heirs, or any other the Inhabitants of the
said Province, shall at any Time hereafter have or maintain any
Correspondence with any other King, Prince, or State, or with any of
their Subjects, who shall then be in War against us, our Heirs and
Successors; nor shall the said _William Penn_, or his Heirs, or any
other Inhabitants of the said Province, make War, or do any Act of
Hostility against any other King, Prince, or State, or any of their
Subjects, who shall then be in League or Amity with us, our Heirs and
Successors.
S E C T. XVI.
A N D, because in so remote a Country, and situate near many barbarous
Nations, the Incursions as well of the Savages themselves, as of other
Enemies, Pirates and Robbers, may probably be feared; Therefore we have
given, and for us, our Heirs and Successors, do give Power by these
Presents to the said _William Penn_, his Heirs and Assigns, by
themselves or their Captains, or other their Officers, to levy, muster
and train all Sorts of Men, of what Condition soever, or wheresoever
born, in the said Province of _Pensilvania_ for the Time being, and to
make War, and to pursue the Enemies and Robbers aforesaid, as well by
Sea as by Land, even without the Limits of the said Province, and by
God's Assistance to vanquish and take them, and being taken to put them
to Death by the Law of War, or to save them at their Pleasure, and to do
all and every other Thing which unto the Charge and Office of a
Captain-General of an Army belongeth, or hath accustomed to belong, as
fully and freely as any Captain-General of an Army hath ever had the
same.
S E C T. XVII.
A N D F U R T H E R M O R E, of our special Grace, and of our certain
Knowledge and mere Motion, we have given and granted, and by these
Presents, for us, our Heirs and Successors, do give and grant unto the
said _William Penn_, his Heirs and Assigns, full and absolute Power,
Licence and Authority, that he, the said _William Penn_, his Heirs and
Assigns, from time to time hereafter for ever, at his or their own Will
and Pleasure may assign, alien, grant, demise, or enfeoff of the
Premisses so many and such Parts and Parcels to him that shall be
willing to purchase the same, as they shall think fit, to have and to
hold to them the said Person and Persons willing to take and purchase,
their Heirs and Assigns, in Fee-simple or Fee-tail, or for the Term of
Life, Lives or Years, to be held of the said _William Penn_, his Heirs
or Assigns, as of the said Seigniory of _Windsor_, by such Services,
Customs, or Rents, as shall seem meet to the said _William Penn_, his
Heirs or Assigns, and not immediately of us, our Heirs or Successors.
S E C T. XVIII.
A N D to the same Person or Persons, and to all and every of them, we do
give and grant by these Presents, for us, our Heirs and Successors,
Licence, Authority and Power, that such Person or Persons may take the
Premisses, or any Parcel thereof, of the aforesaid _William Penn_, his
Heirs or Assigns, and the same hold to themselves, their Heirs and
Assigns, in what Estate of Inheritance soever, in Fee-simple or in
Fee-tail, or otherwise, as to him, the said _William Penn_, his Heirs or
Assigns, shall seem expedient: The Statute made in the Parliament of _E
D W A R D_, Son of King _H E N R Y_, late King of _England_, our
Predecessor, (commonly called _The Statute_ quia emptores terrarum,
lately published in our Kingdom of _England_) in any wise
notwithstanding.
S E C T. XIX.
A N D by these Presents we give and grant Licence unto the said _William
Penn_, and his Heirs, and likewise to all and every such Person or
Persons to whom the said _William Penn_, or his Heirs, shall at any Time
hereafter grant any Estate or Inheritance as aforesaid, to erect any
Parcels of Land within the Province aforesaid into Manors, by and with
the Licence to be first had and obtained for that Purpose, under the
Hand and Seal of the said _William Penn_, or his Heirs; and in every of
the said Manors to have and to hold a Court-Baron, with all things
whatsoever which to a Court-Baron do belong, and to have and to hold
View of Frank-Pledge for the Conservation of the Peace, and the better
Government of those Parts, by themselves or their Stewards, or by the
Lords for the Time being of the Manors to be deputed when they shall be
erected, and in the same to use all Things belonging to the View of
Frank-Pledge. A N D we do further grant Licence and Authority, That every
such Person or Persons who shall erect any such Manor or Manors, as
aforesaid, shall or may grant all or any Part of his said Land to any
Person or Persons, in Fee-simple, or any other Estate of Inheritance to
be held of the said Manors respectively, so as no farther Tenure shall
be created, but that upon all further or other Alienations thereafter to
be made, the said Lands so aliened shall be held of the same Lord and
his Heirs, of whom the Aliener did then before hold, and by the like
Rents and Services which were before due and accustomed.
S E C T. XX.
A N D F U R T H E R our Pleasure is, and by these Presents, for us, our
Heirs and Successors, we do covenant and grant to and with the said
_William Penn_, his Heirs and Assigns, That we, our Heirs and
Successors, shall at no Time hereafter set or make, or cause to be set
or made, any Imposition, Custom, or other Taxation, Rate or Contribution
whatsoever, in and upon the Dwellers and Inhabitants of the aforesaid
Province, for their Lands, Tenements, Goods or Chattles within the said
Province, or in and upon any Goods or Merchandizes within the Province,
or to be laden or unladen within the Ports or Harbours of the said
Province, unless the same be with the Consent of the Proprietary, or
chief Governor, or Assembly, or by Act of Parliament in _England_.
S E C T. XXI.
A N D our Pleasure is, and for us, our Heirs and Successors, we charge
and command, That this our Declaration shall from henceforth from Time
to Time be received and allowed in all our Courts, and before all the
Judges of us, our Heirs and Successors, for a sufficient lawful
Discharge, Payment and Acquittance; commanding all the Officers and
Ministers of us, our Heirs and Successors, and enjoining them upon Pain
of our highest Displeasure, that they do not presume at any Time to
attempt any thing to the contrary of the Premisses, or that do in any
sort withstand the same, but that they be at all Times aiding and
assisting, as is fitting to the said _William Penn_, and his Heirs, and
unto the Inhabitants and Merchants of the Province aforesaid, their
Servants, Ministers, Factors, and Assigns, in the full Use and Fruition
of the Benefit of this our Charter.
S E C T. XXII.
A N D our farther Pleasure is, and we do hereby, for us, our Heirs and
Successors, charge and require, That if any of the Inhabitants of the
said Province, to the Number of Twenty, shall at any Time hereafter be
desirous, and shall by any Writing, or by any Person deputed by them,
signify such their Desire to the Bishop of _London_ for the Time being,
That any Preacher or Preachers, to be approved of by the said Bishop,
may be sent unto them for their Instruction; That then such Preacher or
Preachers shall and may reside within the said Province, without any
Denial or Molestation whatsoever.
S E C T. XXIII.
A N D if perchance hereafter any Doubt or Question should arise,
concerning the true Sense and Meaning of any Word, Clause, or Sentence
contained in this our present Charter, we will, ordain, and command,
That at all Times, and in all Things, such Interpretation be made
thereof, and allowed in any of our Courts whatsoever, as shall be
adjudged most advantageous and favourable unto the said _William Penn_,
his Heirs and Assigns: Provided always no Interpretation be admitted
thereof, by which the Allegiance due unto us, our Heirs and Successors,
may suffer any Prejudice or Diminution; although express Mention be not
made in these Presents of the true yearly Value, or Certainty of the
Premisses, or any Part thereof, or of other Gifts and Grants made by us
and our Progenitors or Predecessors unto the said _William Penn_: Any
Statute, Act, Ordinance, Provision, Proclamation, or Restraint
heretofore had, made, published, ordained, or provided, or any other
Thing, Cause or Matter whatsoever, to the contrary thereof in any wise
notwithstanding. I N W I T N E S S whereof we have caused these our
Letters to be made Patent: Witness O U R S E L F, at _Westminster_, the
_Fourth_ Day of _March_, in the _three and thirtieth_ Year of our Reign.
_Annoque Domini One Thousand Six Hundred and Eighty-one_.
_By Writ of Privy Seal_,
P I G O T T.
* * * * *
The F R A M E of the Government of the Province of _Pensilvania_ in
_America_: Together with certain L A W S agreed upon in _England_.
By the Governor and divers Freemen of the aforesaid Province. To
be further explained and continued there, by the first
Provincial Council that shall he held, if they see meet.
The P R E F A C E.
_W H E N the great and wise G O D had made the World, of all his
Creatures it pleased him to chuse Man his Deputy to rule it; and to fit
him for so great a Charge and Trust, he did not only qualify him with
Skill and Power, but with Integrity to use them justly. This native
Goodness was equally his Honour and his Happiness; and whilst he stood
here, all went well; there was no need of coercive or compulsive Means;
the Precept of divine Love and Truth in his Bosom was the Guide and
Keeper of his Innocency. But Lust prevailing against Duty, made a
lamentable Breach upon it; and the Law, that had before no Power over
him, took place upon him and his disobedient Posterity, that such as
would not live conformable to the holy Law within, should fall under the
Reproof and Correction of the just Law without, in a judicial
Administration._
_T H I S the Apostle teaches in divers of his Epistles:_ The Law (_says
he_) was added because of Transgression: _In another Place_, Knowing
that the Law was not made for the righteous Man; but for the disobedient
and ungodly, for Sinners, for unholy and prophane, for Murderers, for
Whoremongers, for them that defile themselves with Mankind, and for
Men-stealers, for Liars, for perjured Persons, &c. _But this is not all,
he opens and carries the Matter of Government a little further:_ Let
every Soul be subject to the higher Powers; for there is no Power but of
G O D. The Powers that be are ordained of G O D: Whosoever therefore
resisteth the Power, resisteth the Ordinance of G O D. For Rulers are not
a Terror to good Works, but to evil: Wilt thou then not be afraid of the
Power? do that which is good, and thou shalt have Praise of the
same.--He is the Minister of G O D to thee for good.--Wherefore ye must
needs be subject, not only for Wrath, but for Conscience sake.
_T h i s settles the divine Right of Government beyond Exception, and
that for two Ends: First to terrify evil Doers; Secondly to cherish
those that do well; which gives Government a Life beyond Corruption, and
makes it as durable in the Word, as good Men shall be. So that
Government seems to me a Part of Religion itself, a Thing sacred in its
Institution and End. For if it does not directly remove the Cause, it
crushes the Effects of Evil, and is as such (though a lower yet) an
Emanation of the same divine Power, that is both Author and Object of
pure Religion; the Difference lying here, that the one is more free and
mental, the other more corporal and compulsive in its Operations: But
that is only to evil Doers; Government itself being otherwise as capable
of Kindness, Goodness, and Charity, as a more private Society. They
weakly err, that think there is no other Use of Government than
Correction, which is the coarsest Part of it: Daily Experience tells us,
that the Care and Regulation of many other Affairs, more soft and daily
necessary, make up much the greatest Part of Government; and which must
have followed the Peopling of the World, had_ Adam _never fell, and will
continue among Men on Earth under the highest Attainments they may
arrive at, by the coming of the blessed_ Second Adam, _the L O R D from
Heaven. Thus much of Government in general, as to its Rise and End._
_F O R particular_ Frames _and_ Models, _it will become me to say little;
and comparatively I will say nothing. My Reasons are:_ First, _That the
Age is too nice and difficult for it; there being nothing the Wits of
Men are more busy and divided upon. 'Tis true, they seem to agree in
the End,_ to wit, _Happiness; but in the Means they differ, as to
divine, so to this human Felicity; and the Cause is much the same, not
always Want of Light and Knowledge, but Want of Using them rightly. Men
side with their Passions against their Reason, and their sinister
Interests have so strong a Biass upon their Minds, that they lean to
them against the good of the things they know._
Secondly, _I do not find a Model in the World, that Time, Place, and
some singular Emergencies have not necessarily altered; nor is it easy
to frame a civil Government, that shall serve all Places alike._
Thirdly, _I know what is said by the several Admirers of_ Monarchy,
Aristocracy, _and_ Democracy, _which are the Rule of one, a few, and
many, and are the three common Ideas of Government, when Men discourse
on that Subject. But I chuse to solve the Controversy with this small
Distinction, and it belongs to all three:_ Any Government is free to the
People under it (_whatever be the Frame_) where the Laws rule, and the
People are a Party to those Laws; _and more than this is Tyranny,
Oligarchy, or Confusion_.
_BUT_ Lastly, _when all is said, there is hardly one Frame of Government
in the World so ill designed by its first Founders, that in good Hands
would not do well enough; and Story tells us, the best in ill ones can
do nothing that is great or good; Witness the_ Jewish _and_ Roman
_States. Governments, like Clocks, go from the Motion Men give them; and
as Governments are made and moved by Men, so by them they are ruined
too. Wherefore Governments rather depend upon Men, than Men upon
Governments. Let Men be good, and the Government can't be bad; if it be
ill, they will cure it. But if Men be bad, let the Government be never
so good, they will endeavour to warp and spoil it to their Turn._
_I know some say, Let us have good Laws, and no matter for the Men that
execute them: But let them consider, That though good Laws do well, good
Men do better: For good Laws may want good Men, and be abolished or
evaded by ill Men; but good Men will never want good Laws, nor suffer
ill ones. 'Tis true, good Laws have some awe upon ill Ministers, but
that is where they have no Power to escape or abolish them, and the
People are generally wise and good: But a loose and depraved People
(which is to the Question) love Laws and an Administration like
themselves. That therefore which makes a good Constitution, must keep
it,_ viz. _Men of Wisdom and Virtue, Qualities, that because they
descend not with worldly Inheritances, must be carefully propagated by a
virtuous Education of Youth; for which After-Ages will owe more to the
Care and Prudence of Founders and the successive Magistracy, than to
their Parents for their private Patrimonies._
_THESE Considerations of the Weight of Government, and the nice and
various Opinions about it, made it uneasy to me to think of publishing
the ensuing Frame and conditional Laws, foreseeing, both the Censures
they will meet with from Men of differing Humours and Engagements, and
the Occasion they may give of Discourse beyond my Design._
_BUT next to the Power of Necessity, (which is a Solicitor that will
take no Denial) this induced me to a Compliance, that we have (with
Reverence to G O D and good Conscience to Men) to the best of our Skill,
contrived and composed the_ F R A M E and L A W S of this Government,
_to the great End of all Government_, viz. To support Power in Reverence
with the People, and to secure the People from the Abuse of Power; _that
they may be free by their just Obedience, and the Magistrates honourable
for their just Administration: For Liberty without Obedience is
Confusion, and Obedience without Liberty is Slavery. To carry this
Evenness is partly owing to the Constitution, and partly to the
Magistracy: Where either of these fail, Government will be subject to
Convulsions; but where both are wanting, it must be totally subverted:
Then where both meet, the Government is like to endure. Which I humbly
pray, and hope_ G O D _will please to make the Lot of this of_
Pensilvania. _Amen._
William Penn.
* * * * *
_The_ F R A M E, &c.
T O A L L P E O P L E, To whom these Presents shall come. W H E R E A S
King _C H A R L E S the Second_, by his Letters Patents, under the
great Seal of _England_, for the Consideration therein mentioned, hath
been graciously pleased to give and grant unto me _William Penn_ (by the
Name of _William Penn_, Esq; Son and Heir of Sir _William Penn_
deceased) and to my Heirs and Assigns for ever, all that Tract of Land,
or Province called _Pensilvania_, in _America_, with divers great
Powers, Preheminences, Royalties. Jurisdictions, and Authorities,
necessary for the Well-being and Government thereof: N O W K N O W Y E,
That for the Well-being and Government of the said Province, and for the
Encouragement of all the Freemen and Planters that may be therein
concerned, in Pursuance of the Powers afore-mentioned, I the said
_William Penn_ have declared, granted and confirmed, and by these
Presents, for me, my Heirs and Assigns, do declare, grant and confirm
unto all the Freemen, Planters and Adventurers, of, in and to the said
Province, these Liberties, Franchises, and Properties, to be held,
enjoyed and kept by the Freemen, Planters and Inhabitants of the said
Province of _Pensilvania_ for ever.
I M P R I M I S.
T H A T the Government of this Province shall, according the Powers of
the Patent, consist of the Governor and Freemen of the said Province, in
Form of a Provincial Council and General Assembly, by whom all Laws
shall be made, Officers chosen, and publick Affairs transacted, as is
hereafter respectively declared. _That is to say_,
II.
T H A T the Freemen of the said Province shall on the twentieth Day of the
twelfth Month, which shall be in this present Year _One Thousand Six
Hundred Eighty and Two_, meet and assemble in some fit Place, of which
timely Notice shall be beforehand given by the Governor or his Deputy,
and then and there shall chuse out of themselves Seventy-two Persons of
most Note for their Wisdom, Virtue and Ability, who shall meet on the
tenth Day of the first Month next ensuing, and always be called and act
as the provincial Council of the said Province.
III.
T H A T at the first Choice of such provincial Council, one third part
of the said provincial Council shall be chosen to serve for three Years
then next ensuing, one third part for two Years then next ensuing, and
one third part for one Year then next following such Election, and no
longer; and that the said third part shall go out accordingly: And on
the twentieth Day of the twelfth Month as aforesaid, yearly for ever
afterward, the Freemen of the said Province shall in like Manner meet
and assemble together, and then chuse Twenty-four Persons, being one
third of the said Number, to serve in provincial Council for three
Years: It being intended, that one third part of the whole provincial
Council (always consisting, and to consist of seventy-two Persons, as
aforesaid) falling off yearly, it shall be yearly supplied by such new
yearly Elections, as aforesaid; and that no one Person shall continue
therein longer than three Years: And in case any Member shall decease
before the last Election during his Time, that then at the next Election
ensuing his Decease, another shall be chosen to supply his Place for the
remaining Time he was to have served, and no longer.
IV.
T H A T after the first seven Years, every one of the said third parts
that goeth yearly off, shall be uncapable of being chosen again for one
whole Year following: That so all may be fitted for Government, and have
Experience of the Care and Burden of it.
V.
T H A T the provincial Council in all Cases and Matters of Moment, as
their arguing upon Bills to be past into Laws, erecting Courts of
Justice, giving Judgment upon Criminals impeached, and Choice of
Officers, in such Manner as is herein after-mentioned; not less than
two-thirds of the whole provincial Council shall make a _Quorum_; and
that the Consent not Approbation of two-thirds of such _Quorum_ shall be
had in all such Cases and Matters of Moment. And moreover, that in all
Cases and Matters of lesser Moment, twenty-four Members of the said
provincial Council shall make a _Quorum_, the Majority of which
twenty-four shall and may always determine in such Cases and Causes of
lesser Moment.
VI.
T H A T in this provincial Council the Governor, or his Deputy, shall or
may always preside, and have a treble Voice; and the said provincial
Council shall always continue, and sit upon its own Adjournments and
Committees.
VII.
T H A T the Governor and provincial Council shall prepare and propose to
the general Assembly hereafter mentioned, all Bills, which they shall at
any Time think fit to be passed into Laws within the said Province;
which Bills shall be published and affixed to the most noted Places in
the inhabited Parts thereof, thirty Days before the Meeting of the
general Assembly, in order to the passing them into Laws, or rejecting
of them, as the general Assembly shall see meet.
VIII.
T H A T the Governor and provincial Council shall take care, that all
Laws, Statutes and Ordinances, which shall at any Time be made within
the said Province, be duly and diligently executed.
IX.
T H A T the Governor and provincial Council shall at all Times have the
Care of the Peace and Safety of the Province, and that nothing be by any
Person attempted to the Subversion of this Frame of Government.
X.
T H A T the Governor and provincial Council shall at all Times settle
and order the Situation of all Cities, Ports, and Market-Towns in every
County, modelling therein all publick Buildings, Streets, and
Market-Places, and shall appoint all necessary Roads and Highways in the
Province.
XI.
T H A T the Governor and provincial Council shall at all Times have Power
to inspect the Management of the publick Treasury, and punish those who
shall convert any Part thereof to any other Use, than what hath been
agreed upon by the Governor, provincial Council, and general Assembly.
XII.
T H A T the Governor and provincial Council shall erect and order all
publick Schools, and encourage and reward the Authors of useful Sciences
and laudable Inventions in the said Province.
XIII.
T H A T for the better Management of the Powers and Trust aforesaid, the
provincial Council shall from time to time divide itself into four
distinct and proper Committees, for the more easy Administration of the
Affairs of the Province, which divides the Seventy-two into four
Eighteens, every one of which Eighteens shall consist of six out of each
of the three Orders or yearly Elections, each of which shall have a
distinct Portion of Business, as followeth: _First_, a Committee of
Plantations, to situate and settle Cities, Ports, and Market-Towns, and
Highways, and to hear and decide all Suits and Controversies relating to
Plantations. _Secondly_, a Committee of Justice and Safety, to secure
the Peace of the Province, and punish the Male-Administration of those
who subvert Justice to the Prejudice of the publick or private Interest.
_Thirdly_, a Committee of Trade and Treasury, who shall regulate all
Trade and Commerce according to Law, encourage Manufacture and
Country-Growth, and defray the publick Charge of the Province. And
_Fourthly_, a Committee of Manners, Education, and Arts, that all wicked
and scandalous Living may be prevented, and that Youth may be
successively trained up in Virtue and useful Knowledge and Arts: The
_Quorum_ of each of which Committees being six, _that is_, two out of
each of the three Orders or yearly Elections, as aforesaid, make a
constant and standing Council of Twenty-four, which will have the Power
of the provincial Council, being the _Quorum_ of it, in all Cases not
excepted in the fifth Article; and in the said Committees and standing
Council of the Province, the Governor or his Deputy shall or may
preside, as aforesaid; and in the Absence of the Governor or his Deputy,
if no one is by either of them appointed, the said Committees or Council
shall appoint a President for that Time, and not otherwise; and what
shall be resolved at such Committees, shall be reported to the said
Council of the Province, and shall be by them resolved and confirmed
before the same shall be put in Execution; and that these respective
Committees shall not sit at one and the same Time, except in Cases of
Necessity.
XIV.
A N D, to the End that all Laws prepared by the Governor and provincial
Council aforesaid, may yet have the more full Concurrence of the Freemen
of the Province, it is declared, granted, and confirmed, That at the
Time and Place or Places for the Choice of a provincial Council as
aforesaid, the said Freemen shall yearly chuse Members to serve in a
general Assembly as their Representatives, not exceeding two hundred
Persons, who shall yearly meet from the twentieth Day of the second
Month, which shall be in the Year _One Thousand Six Hundred Eighty and
Three_ following, in the capital Town or City of the said Province,
where during eight Days the several Members may freely confer with one
another; and, if any of them see meet, with a Committee of the
provincial Council (consisting of three out of each of the four
Committees aforesaid, being twelve in all) which shall be at that Time,
purposely appointed to receive from any of them Proposals for the
Alterations or Amendment of any of the said proposed and promulgated
Bills: And on the ninth Day from their so meeting, the said general
Assembly, after Reading over the proposed Bills by the Clerk of the
provincial Council, and the Occasions and Motives for them being opened
by the Governor or his Deputy, shall give their Affirmative or Negative,
which to them seemeth best, in such Manner as herein after is express'd.
But not less than two-thirds shall make a _Quorum_ in the Passing of
Laws, and Choice of such Officers as are by them to be chosen.
XV.
T H A T the Laws so prepared and proposed as aforesaid, that are assented
to by the general Assembly, shall be enrolled as Laws of the Province,
with this Stile: _By the Governor, with the Assent and Approbation of
the Freemen in provincial Council and general Assembly._
XVI.
T H A T, for the better Establishment of the Government and Laws of this
Province, and to the End there may be an universal Satisfaction in the
Laying of the Fundamentals thereof; the general Assembly shall, or may
for the first Year, consist of all the Freemen of and in the said
Province, and ever after it shall be yearly chosen as aforesaid; which
Number of two hundred shall be enlarged as the Country shall encrease in
People, so as it do not exceed five hundred at any Time: The Appointment
and Proportioning or which, as also the Laying and Methodizing of the
Choice of the provincial Council and general Assembly in future Times,
most equally to the Divisions of the Hundreds and Counties, which the
Country shall hereafter be divided into, shall be in the Power of the
provincial Council to propose, and the general Assembly to resolve.
XVII.
T H A T the Governor and the provincial Council shall erect from time to
time standing Courts of Justice, in such Places and Number as they shall
judge convenient for the good Government of the said Province. And that
the provincial Council shall on the thirteenth Day of the first Month
yearly, elect and present to the Governor or his Deputy, a double Number
of Persons, to serve for Judges, Treasurers, Masters of Rolls, within
the said Province for the Year next ensuing; and the Freemen of the said
Province in the County-Courts, when they shall be erected, and till then
in the general Assembly, shall on the three and twentieth Day of the
second Month yearly, elect and present to the Governor or his Deputy, a
double Number of Persons to serve for Sheriffs, Justices of the Peace,
and Coroners, for the Year next ensuing; out of which respective
Elections and Presentments, the Governor or his Deputy shall nominate
and commissionate the proper Number for each Office the third Day after
the said Presentments; or else the first named in such Presentment for
each Office, shall stand and serve for that Office the Year ensuing.
XVIII.
B U T forasmuch as the present Condition of the Province requires some
immediate Settlement, and admits not of so quick a Revolution of
Officers; and to the End the said Province may, with all convenient
Speed, be well ordered and settled, I _William Penn_ do therefore think
fit to nominate and appoint such Persons for Judges, Treasurers, Masters
of the Rolls, Sheriffs, Justices of the Peace, and Coroners, as are most
fitly qualified for those Employments; to whom I shall make and grant
Commissions for the said Officers, respectively, to hold to them to whom
the same shall be granted, for so long Time as every such Person shall
well behave himself in the Office or Place to him respectively granted,
and no longer. And upon the Decease or Displacing of any of the said
Officers, the succeeding Officer or Officers shall be chosen as
aforesaid.
XIX.
T H A T the general Assembly shall continue so long as may be needful to
impeach Criminals fit to be there impeached, to pass Bills into Laws
that they shall think fit to pass into Laws, and till such Time as the
Governor and provincial Council shall declare that they have nothing
further to propose unto them for their Assent and Approbation: And that
Declaration shall be a Dismiss to the general Assembly for that time;
which general Assembly shall be notwithstanding capable of assembling
together upon the Summons of the provincial Council, at any Time during
that Year, if the said provincial Council shall see Occasion for their
so assembling.
XX.
T H A T all the Elections of Members or Representatives of the People to
serve in provincial Council and general Assembly, and all Questions to
be determined by both or either of them, that relate to passing of Bills
into Laws, to the Choice of Officers, to Impeachments made by the
general Assembly, and Judgment of Criminals upon such Impeachments by
the provincial Council, and to all other Cases by them respectively
judged of Importance, shall be resolved and determined by the Ballot;
and unless on sudden and indispensible Occasions, no Business in
provincial Council, or its respective Committees, shall be finally
determined the same Day that it is moved.
XXI.
T H A T at all times, when, and so often as it shall happen that the
Governor shall or may be an Infant under the Age of one and twenty
Years, and no Guardians or Commissioners are appointed in Writing by the
Father of the said Infant, or that such Guardians or Commissioners shall
be deceased; that during such Minority, the provincial Council shall
from Time to Time, as they shall see meet, constitute and appoint
Guardians or Commissioners, not exceeding three; one of which three
shall preside as Deputy and chief Guardian, during such Minority, and
shall have, and execute, with the Consent of the other two, all the
Power of a Governor, in all the publick Affairs and Concerns of the said
Province.
XXII.
T H A T as often as any Day of the Month mentioned in any Article of this
Charter, shall fall upon the first Day of the Week, commonly called _the
Lord's Day_, the Business appointed for that Day shall be deferred till
the next Day, unless in case of Emergency.
XXIII.
T H A T no Act, Law, or Ordinance whatsoever, shall at any time hereafter
be made or done by the Governor of this Province, his Heirs or Assigns,
or by the Freemen in the provincial Council, or the general Assembly, to
alter, change or diminish the Form or Effect of this Charter, or any
Part or Clause thereof, or contrary to the true Intent and Meaning
thereof, without the Consent of the Governor, his Heirs or Assigns, and
six Parts of seven of the said Freemen in provincial Council and general
Assembly.
XXIV.
A N D L A S T L Y, That I the said _William Penn_, for myself, my Heirs
and Assigns, have solemnly declared, granted, and confirmed, and do
hereby solemnly declare, grant, and confirm, That neither I, my Heirs
nor Assigns, shall procure or do any Thing or Things, whereby the
Liberties in this Charter contained and expressed shall be infringed or
broken; and if any Thing be procured by any Person or Persons contrary
to these Premisses, it shall be held of no Force or Effect. I N W I T N E S S
whereof, I the said _William Penn_ have unto this present Charter
of Liberties set my Hand and broad Seal, this _five and twentieth_ Day
of the second Month, vulgarly called _April_, in the Year of our L O R D
_One Thousand Six Hundred and Eighty-two_.
William Penn.
* * * * *
L A W S _agreed upon in England_, &c.
I.
T H A T the Charter of Liberties, declared, granted, and confirmed the
_five and twentieth_ Day of the second Month, called _April_, 1682,
before divers Witnesses, by _William Penn_, Governor and chief
Proprietor of _Pensilvania_, to all the Freemen and Planters of the said
Province; is hereby declared and approved, and shall be for ever held
for Fundamental in the Government thereof, according to the Limitations
mentioned in the said Charter.
II.
T H A T every Inhabitant in the said Province, that is or shall be a
Purchaser of one hundred Acres of Land, or upwards, his Heirs and
Assigns, and every Person who shall have paid his Passage, and taken up
one hundred Acres of Land at one Penny an Acre, and have cultivated ten
Acres thereof; and every Person that hath been a Servant or Bondsman,
and is free by his Service, that shall have taken up his fifty Acres of
Land, and cultivated twenty thereof; and every Inhabitant, Artificer, or
other Resident in the said Province, that pays Scot and Lot to the
Governments shall be deemed and accounted a Freeman of the said
Province: And every such Person shall and may be capable of electing, or
being elected Representatives of the People in provincial Council or
general Assembly in the said Province.
III.
T H A T all Elections of Members, or Representatives of the People and
Freemen of the Province of _Pensilvania_, to serve in provincial Council
or general Assembly to be held within the said Province, shall be free
and voluntary: And that the Elector, that shall receive any Reward or
Gift, in Meat, Drink, Monies, or otherwise, shall forfeit his Right to
elect; and such Person as shall directly or indirectly give, promise, or
bestow any such Reward as aforesaid, to be elected, shall forfeit his
Election, and be thereby incapable to serve as aforesaid: And the
provincial Council and general Assembly shall be the sole Judges of the
Regularity or Irregularity of the Elections of their own respective
Members.
IV.
T H A T no Money or Goods shall be raised upon, or paid by any of the
People of this Province by way of publick Tax, Custom, or Contribution,
but by a Law for that Purpose made; and whosoever shall levy, collect,
or pay any Money or Goods contrary thereunto, shall be held a publick
Enemy to the Province, and a Betrayer of the Liberties of the People
thereof.
V.
T H A T all Courts shall be open, and Justice shall neither be sold,
denied, nor delayed.
VI.
T H A T in all Courts, all Persons of all Persuasions may freely appear
in their own Way, and according to their own Manner, and there
personally plead their own Cause themselves; or if unable, by their
Friend: And the first Process shall be the Exhibition of the Complaint
in Court, fourteen Days before the Trial; and that the Party complained
against may be fitted for the same, he or she shall be summoned, no less
than ten Days before, and a Copy of the Complaint delivered him or her,
at his or her Dwelling-house. But before the Complaint of any Person be
received, he shall solemnly declare in Court, That he believes in his
Conscience his Cause is just.
VII.
T H A T all Pleadings, Processes, and Records in Court shall be short,
and in _English_, and in an ordinary and plain Character, that they may
be understood, and Justice speedily administred.
VIII.
T H A T all Trials shall be by twelve Men, and as near as may be, Peers
or Equals, and of the Neighbourhood, and Men without just Exception in
Cases of Life, there shall be first twenty-four returned by the Sheriffs
for a Grand Inquest, of whom twelve at least shall find the Complaint to
be true; and then the twelve Men, or Peers, to be likewise returned by
the Sheriff, shall have the final Judgment. But reasonable Challenges
shall be always admitted against the said twelve Men, or any of them.
IX.
T H A T all Fees in all Cases shall be moderate, and settled by the
provincial Council and general Assembly, and be hung up in a Table in
every respective Court; and whosoever shall be convicted of taking more,
shall pay two-fold, and be dismissed his Employment, one Moiety of which
shall go to the Party wronged.
X.
T H A T all Prisons shall be Work-houses for Felons, Vagrants, and loose
and idle Persons; whereof one shall be in every County.
XI.
T H A T all Prisoners shall be bailable by sufficient Sureties, unless
for capital Offences, where the Proof is evident, or the Presumption
great.
XII.
T H A T all Persons wrongfully imprisoned or prosecuted at Law, shall
have double Damages against the Informer or Prosecutor.
XIII.
T H A T all Prisons shall be free as to Fees, Food, and Lodging.
XIV.
T H A T all Lands and Goods shall be liable to pay Debts, except where
there is legal Issue, and then all the Goods, and one third of the Land
only.
XV.
T H A T all Wills in Writing attested by two Witnesses, shall be of the
same Force, as to Lands, as other Conveyances, being legally proved
within forty Days, either within or without the said Province.
XVI.
T H A T seven Years quiet Possession shall give an unquestionable Right,
except in Cases of Infants, Lunaticks, married Women, or Persons beyond
the Seas.
XVII.
T H A T all Briberies and Extortions whatsoever, shall be severely
punished.
XVIII.
T H A T all Fines shall be moderate, and saving Mens Contenements,
Merchandize, or Wainage.
XIX.
T H A T all Marriages (not forbidden by the Law of God, as to Nearness
of Blood and Affinity by Marriage) shall be encouraged; but the Parents
or Guardians shall be first consulted, and the Marriage shall be
published before it be solemnized; and it shall be solemnized by taking
one another as Husband and Wife, before credible Witnesses, and a
Certificate of the whole, under the Hands of Parties and Witnesses,
shall be brought to the proper Register of that County, and shall be
registred in his Office.
XX.
A N D to prevent Frauds and vexatious Suits within the said Province,
that all Charters, Gifts, Grants, and Conveyances of Land, (except
Leases for a Year or under) and all Bills, Bonds, and Specialties above
_five Pounds_, and not under three Months, made in the said Province,
shall be enrolled or registred in the publick Enrolment-Office of the
said Province, within the Space of two Months next after the Making
thereof, else to be void in Law. And all Deeds, Grants, and Conveyances
of Land (except as aforesaid) within the said Province, and made out of
the said Province, shall be enrolled or registred as aforesaid, within
six Months next after the Making thereof, and settling and constituting
an Enrolment-Office or Registry within the said Province, else to be
void in Law against all Persons whatsoever.
XXI.
T H A T all Defacers or Corrupters of Charters, Gifts, Grants, Bonds,
Bills, Wills, Contracts, and Conveyances, or that shall deface or
falsify any Enrolment, Registry or Record within this Province, shall
make double Satisfaction for the same; half whereof shall go to the
Party wronged, and they shall be dismissed of all Places of Trust, and
be publickly disgraced as false Men.
XXII.
T H A T there shall be a Register for Births, Marriages, Burials, Wills,
and Letters of Administration, distinct from the other Registry.
XXIII.
T H A T there shall be a Register for all Servants, where their Names,
Time, Wages, and Days of Payment shall be registred.
XXIV.
T H A T all Lands and Goods of Felons shall be liable to make
Satisfaction to the Party wronged twice the Value; and for Want of Lands
or Goods, the Felons shall be Bondmen to work in the common Prison or
Work-house, or otherwise, till the Party injured be satisfied.
XXV.
T H A T the Estates of capital Offenders, as Traitors and Murderers,
shall go one third to the next of kin to the Sufferer, and the Remainder
to the next of kin to the Criminal.
XXVI.
T H A T all Witnesses, coming or called to testify their Knowledge in or
to any Matter or Thing in any Court, or before any lawful Authority
within the said Province, shall there give or deliver in their Evidence
or Testimony by solemnly promising to speak the Truth, the whole Truth,
and nothing but the Truth, to the Matter or Thing in Question. And in
case any Person so called to Evidence, shall be convicted of wilful
Falshood, such Person shall suffer and undergo such Damage or Penalty,
as the Person or Persons against whom he or she bore false Witness, did
or should undergo; and shall also make Satisfaction to the Party
wronged, and be publickly exposed as a false Witness, never to be
credited in any Court, or before any Magistrate in the said Province.
XXVII.
A N D to the end that all Officers chosen to serve within this Province,
may with more Care and Diligence answer the Trust reposed in them, it is
agreed, That no such Person shall enjoy more than one publick Office at
one Time.
XXVIII.
T H A T all Children within this Province of the Age of twelve Years,
shall be taught some useful Trade or Skill, to the end none may be idle,
but the Poor may work to live, and the Rich, if they become poor, may
not want.
XXIX.
T H A T Servants be not kept longer than their Time, and such as are
careful, be both justly and kindly used in their Service, and put in
fitting Equipage at the Expiration thereof, according to Custom.
XXX.
T H A T all scandalous and malicious Reporters, Backbiters, Defamers,
and Spreaders of false News, whether against Magistrates or private
Persons, shall be accordingly severely punished, as Enemies to the Peace
and Concord of this Province.
XXXI.
T H A T for the Encouragement of the Planters and Traders in this
Province, who are incorporated into a Society, the Patent granted to
them by _William Penn_, Governor of the said Province, is hereby
ratified and confirmed.
XXXII.
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XXXIII.
T H A T all Factors or Correspondents in the said Province, wronging
their Employers, shall make Satisfaction and one third over, to their
said Employers: And in case of the Death of any such Factor or
Correspondent, the Committee of Trade shall take care to secure so much
of the deceased Party's Estate, as belongs to his said respective
Employers.
XXXIV.
T H A T all Treasurers, Judges, Masters of the Rolls, Sheriffs, Justices
of the Peace, and other Officers and Persons whatsoever, relating to
Courts or Trials of Causes, or any other Service in the Government; and
all Members elected to serve in provincial Council and general Assembly,
and all that have Right to elect such Members, shall be such as profess
Faith in Jesus Christ, and that are not convicted of ill Fame, or
unsober and dishonest Conversation, and that are of _twenty-one_ Years
of Age at least; and that all such so qualified, shall be capable of the
said several Employments and Privileges as aforesaid.
XXXV.
T H A T all Persons living in this Province, who confess and acknowledge
the one Almighty and Eternal God, to be the Creator, Upholder and Ruler
of the World; and that hold themselves obliged in Conscience to live
peaceably and justly in civil Society, shall in no Ways be molested or
prejudiced for their religious Persuasion or Practice in Matters of
Faith and Worship, nor shall they be compell'd at any Time to frequent
or maintain any religious Worship, Place or Ministry whatever.
XXXVI.
T H A T according to the good Example of the primitive Christians, and
the Ease of the Creation, every _first_ Day of the Week, called the
Lord's Day, People shall abstain from their common daily Labour, that
they may the better dispose themselves to worship God according to their
Understandings.
XXXVII.
T H A T as a careless and corrupt Administration of Justice draws the
Wrath of God upon Magistrates, so the Wildness and Looseness of the
People provoke the Indignation of God against a Country: Therefore, That
all such Offences against God, as Swearing, Cursing, Lying, prophane
Talking, Drunkenness, Drinking of Healths, obscene Words, Incest,
Sodomy, Rapes, Whoredom, Fornication, and other Uncleanness (not to be
repeated) all Treasons, Misprisions, Murders, Duels, Felony, Sedition,
Maims, forcible Entries, and other Violences, to the Persons and Estates
of the Inhabitants within this Province. All Prizes, Stage-plays, Cards,
Dice, Maygames, Gamesters, Masques, Revels, Bull-baitings,
Cock-fightings, Bear-baitings, and the like, which excite the People to
Rudeness, Cruelty, Looseness, and Irreligion, shall be respectively
discouraged and severely punish'd, according to the Appointment of the
Governor and Freemen in provincial Council and general Assembly; as also
all Proceedings contrary to these Laws, that are not here made expresly
penal.
XXXVIII.
T H A T a Copy of these Laws shall be hung up in the provincial Council,
and in publick Courts of Justice: And that they shall be read yearly at
the Opening of every provincial Council and general Assembly, and Court
of Justice; and their Assent shall be testified, by their standing up
after the Reading thereof.
XXXIX.
T H A T there shall be at no time any Alteration of any of these Laws,
without the Consent of the Governor, his Heirs or Assigns, and six Parts
of seven of the Freemen, met in provincial Council and general Assembly.
XL.
T H A T all other Matters and Things not herein provided for, which
shall and may concern the publick Justice, Peace or Safety of the said
Province; and the raising and imposing Taxes, Customs, Duties, or other
Charges whatsoever, shall be and are hereby referred to the Order,
Prudence and Determination of the Governor and Freemen in provincial
Council and general Assembly, to be held from time to time in the said
Province.
_Signed and Sealed by the Governor and Freemen aforesaid, the_
fifth _Day of the_ third _Month, called_ May, _One Thousand Six
Hundred and Eighty-Two._
* * * * *
_Certain_ Conditions or Concessions _agreed upon by_ William
Penn, _Proprietor and Governor of the Province of_ Pensilvania,
_and those who are the Adventurers and Purchasers in the same
Province, the_ Eleventh _of_ July, _One Thousand Six Hundred and
Eighty-one._
F I R S T.
T H A T so soon as it pleaseth God, that the abovesaid Persons arrive
there, a certain Quantity of Land or Ground Plat, shall be laid out for
a large Town or City, in the most convenient Place upon the River for
Health and Navigation; and every Purchaser and Adventurer, shall by Lot
have so much Land therein as will answer to the Proportion which he hath
bought or taken up upon Rent: But it is to be noted, that the Surveyors
shall consider what Roads or Highways will be necessary to the Cities,
Towns, or thro' the Lands. Great Roads from City to City shall not
contain less than _forty_ Foot in Breadth, and shall be first laid out
and declared to be for Highways, before the Dividend of Acres be laid
out for the Purchaser; and the like Observation to be had for the
Streets in the Towns and Cities, that there may be convenient Roads and
Streets preserved, not to be incroached upon by any Planter or Builder,
that none may build irregularly to the Damage of another. _In this,
Custom governs_.
II.
T H A T the Land in the Town be laid out together after the Proportion
of _ten thousand_ Acres of the whole Country, that is, _two hundred_
Acres if the Place will bear it: However, that the Proportion be by Lot,
and entire, so as those that desire to be together, especially those
that are by the Catalogue laid together, may be so laid together both in
the Town and Country.
III.
T H A T when the Country-Lots are laid out, every Purchaser, from _one
thousand_ to _ten thousand_ Acres, or more, not to have above _one
thousand_ Acres together, unless in _three_ Years they plant a Family
upon every _thousand_ Acres; but that all such as purchase together, lie
together; and is as many as comply with this Condition, that the whole
be laid out together.
IV.
T H A T where any Number of Purchasers, more or less, whose Number of
Acres amounts to _five_ or _ten thousand_ Acres, desire to sit together
in a Lot or Township, they shall have their Lot or Township cast
together, in such Places as have convenient Harbours or navigable Rivers
attending it, if such can be found; and in case any one or more
Purchasers plant not according to Agreement in this Concession, to the
Prejudice of others of the same Township, upon Complaint thereof made to
the Governor or his Deputy, with Assistance, they may award (if they see
Cause) that the complaining Purchaser may, paying the Survey-Money, and
Purchase-Money, and Interest thereof, be entitled, inrolled and lawfully
invested in the Lands so not seated.
V.
T H A T the Proportion of Lands that shall be laid out in the first
great Town or City, for every Purchaser, shall be after the Proportion
of _ten_ Acres for every _five hundred_ Acres purchased, if the Place
will allow it.
VI.
T H A T notwithstanding there be no mention made, in the several Deeds
made to the Purchasers, yet the said _William Penn_ does accord and
declare, that all Rivers, Rivulets, Woods and Underwoods, Waters,
Water-courses, Quarries, Mines and Minerals (except Mines Royal) shall
be freely and fully enjoyed, and wholly by the Purchasers, into whose
Lot they fall.
VII.
T H A T for every _fifty_ Acres that shall be allotted to a Servant at
the End of his Service, his Quit-Rent shall be _two Shillings per
Annum_, and the Master or Owner of the Servant, when he shall take up
the other _fifty_ Acres, his Quit-Rent shall be _four Shillings_ by the
Year, or if the Master of the Servant (by Reason in the Indentures he is
so obliged to do) allot out to the Servant _fifty_ Acres in his own
Division, the said Master shall have on Demand allotted him, from the
Governor, the _one hundred_ Acres at the chief Rent of _six Shillings
per Annum_.
VIII.
A N D for the Encouragement of such as are ingenious and willing to
search out Gold and Silver Mines in this Province, it is hereby agreed,
that they have Liberty to bore and dig in any Man's Property, fully
paying the Damage done; and in case a Discovery should be made, that the
Discoverer have one _fifth_, the Owner of the Soil (if not the
Discoverer) a _tenth_ Part, the Governor _two fifths_, and the rest to
the publick Treasury, saving to the King the Share reserved by Patent.
IX.
I N every _hundred thousand_ Acres, the Governor and Proprietary, by
Lot, reserveth _ten_ to himself, what shall lie but in one Place.
X.
T H A T every Man shall be bound to plant or man so much of his Share of
Land as shall be set out and surveyed, within _three_ Years after it is
so set out and surveyed, or else it shall be lawful for new Comers to be
settled thereupon, paying to them their Survey-Money, and they go up
higher for their Shares.
XI.
T H E R E shall be no buying and selling, be it with an _Indian_, or one
among another, of any Goods to be exported, but what shall be performed
in publick Market, when such Places shall be set apart or erected, where
they shall pass the publick Stamp or Mark. If bad Ware, and prized as
good, or deceitful in Proportion or Weight, to forfeit the Value as if
good and full Weight and Proportion, to the publick Treasury of the
Province, whether it be the Merchandize of the _Indian_, or that of the
Planters.
XII.
A N D F O R A S M U C H as it is usual with the Planters, to over-reach
the poor Natives of the Country in Trade, by Goods not being good of the
Kind, or debased with Mixtures, with which they are sensibly aggrieved,
it is agreed, whatever is sold to the _Indians_, in Consideration of
their Furs, shall be sold in the Market-Place, and there suffer the
Test, whether good or bad; if good, to pass; if not good, not to be sold
for good, that the Natives may not be abused nor provoked.
XIII.
T H A T no Man shall by any Ways or Means, in Word or Deed, affront or
wrong any _Indian_, but he shall incur the same Penalty of the Law, as
if he had committed it against his Fellow-Planter; and if any _Indian_
shall abuse, in Word or Deed, any Planter of this Province, that he
shall not be his own Judge upon the _Indian_, but he shall make his
Complaint to the Governor of the Province, or his Lieutenant or Deputy,
or some inferior Magistrate near him, who shall, to the utmost of his
Power, take Care with the King of the said _Indian_, that all reasonable
Satisfaction be made to the said injured Planter.
XIV.
T H A T all Differences between the Planters and the Natives, shall also
be ended by _twelve_ Men, that is, by _six_ Planters and _six_ Natives,
that so we may live friendly together as much as in us lieth, preventing
all Occasions of Heart-burnings and Mischief.
XV.
T H A T the _Indians_ shall have Liberty to do all Things relating to
the Improvement of their Ground, and providing Sustenance for their
Families, that any of the Planters shall enjoy.
XVI.
T H A T the Laws as to Slanders, Drunkenness, Swearing, Cursing, Pride
in Apparel, Trespasses, Distresses, Replevins, Weights and Measures,
shall be the same as in _England_, till altered by Law in this Province.
XVII.
T H A T all shall mark their Hogs, Sheep and other Cattle, and what are
not marked within _three_ Months after it is in their Possession, be it
young or old, it shall be forfeited to the Governor, that so People may
be compelled to avoid the Occasions of much Strife between Planters.
XVIII.
T H A T in clearing the Ground, Care be taken to leave one Acre of Trees
for every _five_ Acres clear'd, especially to preserve Oak and
Mulberries for Silk and Shipping.
XIX.
T H A T all Ship-Masters shall give an Account of their Countries, Names,
Ships, Owners, Freights and Passengers, to an Officer to be appointed
for that Purpose, which shall be registred within _two_ Days after their
Arrival; and if they shall refuse so to do, that then none presume to
trade with them, upon Forfeiture thereof; and that such Masters be
looked upon, as having an evil Intention to the Province.
XX.
T H A T no Person leave the Province, without Publication being made
thereof, in the Market-Place, _three_ Weeks before, and a Certificate
from some Justice of the Peace, of his Clearness with his Neighbours,
and those he hath dealt withal, so far as such an Assurance can be
attained and given: And if any Master of a Ship shall, contrary
hereunto, receive and carry away any Person, that hath not given that
publick Notice, the said Master shall be liable to all Debts owing by
the said Person, so secretly transported from the Province. _Lastly_,
that these are to be added to, or corrected, by and with the Consent of
the Parties hereunto subscribed.
William Penn;
_Sealed and delivered in the Presence of_
William Boelham,
Harbert Springet,
Thomas Prudyard.
_Sealed and delivered in the Presence of all the Proprietors who
have hereunto subscribed, except_ Thomas Farrinborrough _and_
John Goodson, _in the Presence of_
Hugh Chamberlen,
R. Murray,
Harbert Springet,
Humphry South,
Thomas Barker,
Samuel Jobson,
John-Joseph Moore,
William Powel,
Richard Davie,
Griffith Jones,
Hugh Lambe,
Thomas Farrinborrough,
John Goodson.
* * * * *
_An_ A C T _of_ Settlement, _made at_ Chester, 1682.
W H E R E A S William Penn, Proprietary and Governor of the Province of
_Pensylvania_, and Territories thereunto belonging, hath, out of his
great Kindness and Goodness to the Inhabitants thereof, been favourably
pleased to give and grant unto them a Charter of Liberties and
Privileges, dated the _twenty-fifth_ Day of the _second_ Month, _One
Thousand Six Hundred and Eighty-two_: By which Charter it is said, the
Government shall consist of the Governor and Freemen of the said
Province, in the Form of a provincial Council and general Assembly; and
that the provincial Council shall consist of _seventy-two_ Members, to
be chosen by the Freemen; and that the general Assembly may, the _first_
Year, consist of the whole Body of the Freeholders, and ever after of an
elected Number, not exceeding _two hundred_ Persons, without the Consent
of the provincial Council and general Assembly: And such Assembly to sit
yearly on the _twentieth_ Day of the _third_ Month, as in the _first,
second, third, sixth, fourteenth_ and _sixteenth_ Articles of the
Charter, Reference being thereunto had, doth more at large appear.
A N D F O R A S M U C H as this Charter was the _first_ of those
probationary Laws, that were agreed to and made by and between the
Proprietary, and Governor, and Freemen in _England_, that were
Purchasers in this Province, which said Laws, in the whole and in every
Part thereof, were to be submitted to the Explanation and Confirmation
of the _first_ provincial Council and general Assembly that was to be
held in this Province, as by the Title and _first_ Law of the said
Agreement, doth plainly appear.
A N D W H E R E A S, the Proprietary and Governor hath, according to
that Charter, issued out Writs to the respective Sheriffs of the _six_
Counties of this Province, to summon the Freemen thereof, to chuse in
each County _twelve_ Persons of most Note for their Sobriety, Wisdom,
and Integrity, to serve in provincial Council; and also to inform the
Freemen that they might come, for this Time, in their own Persons, to
make up a general Assembly, according to Charter. And that the said
respective Sheriffs by their Returns, and the Freemen by their Petitions
to the Proprietary and Governor, have plainly declared, that the Fewness
of the People, their Inability in Estate, and Unskilfulness in Matters
of Government, will not permit them to serve in so large a Council and
Assembly, as by the Charter is expressed; and therefore do desire, that
the Members now chosen to be their Deputies and Representatives, may
serve both for provincial Council and general Assembly; that is to say,
_three_ out of each County for the provincial Council, and the remaining
_nine_ for the general Assembly, according to Act, as fully and amply as
if the said provincial Council and general Assembly had consisted of the
said Numbers of Members mentioned in the Charter of Liberties, upon
Consideration of the Premises; and that the Proprietary and Governor may
testify his great Willingness to comply with that which may be most easy
and pleasing, he is willing that it be enacted.
A N D B E I T E N A C T E D by the Proprietary and Governor, by and
with the unanimous Advice and Consent of the Freemen of this Province,
and Territories thereunto belonging, in provincial Council and general
Assembly met, That the Numbers desired by the Inhabitants in their
several Petitions, and express'd to be their Desires by the Sheriffs
Returns to the Proprietary and Governor, to serve as the provincial
Council and general Assembly, be allowed and taken, to all Intents and
Purposes, to be the provincial Council and general Assembly of this
Province: And that the _Quorum_ shall be proportionably settled,
according to the Method express'd in the _fifth_ Article; that is to
say, _two thirds_ to make a _Quorum_ in extraordinary Cases, and _one
third_ in ordinary Cases, as is provided in the said _fifth_ Article:
Which said provincial Council and general Assembly, so already chosen,
are and shall be held and reputed the legal provincial Council and
general Assembly of the Province and Territories thereof, for this
present Year; and that from and after the Expiration of this present
Year, the provincial Council shall consist of _three_ Persons out of
each County, as aforesaid; and the Assembly shall consist of _six_
Persons out of each County, which said provincial Council and general
Assembly may be hereafter enlarged, as the Governor, and provincial
Council and Assembly shall see Cause, so as the said Number do not, at
any time, exceed the Limitations express'd in the _third_ and
_sixteenth_ Article of the Charter, any Thing in this Act, or any other
Act, Charter or Law, to the contrary in any wise notwithstanding.
A N D because the Freemen of this Province and Territories thereof, are
deeply sensible of the kind and good Intentions of the Proprietary and
Governor in this Charter, and of the singular Benefit that redounds to
them thereby, and are desirous that it may in all Things best answer the
Design of the publick Good, the Freemen of the said provincial Council
and general Assembly met, having unanimously requested some Variations,
Explanations and Additions, in and to the said Charter, he the
Proprietary and Governor, hath therefore yielded that it be enacted:
A N D it is hereby E N A C T E D, That the Time for the Meeting of the
Freemen of this Province and Territories thereof, to chuse their
Deputies to represent and serve them, in provincial Council and general
Assembly, shall be yearly hereafter, on the _tenth_ Day of the _first_
Month, which Members so chosen for the provincial Council, shall make
their Appearance, and give their Attendance, in provincial Council,
within _twenty_ Days after their Election; and the said Members elected
to serve in general Assembly, shall yearly meet and assemble, on the
_tenth_ Day of the said _third_ Month, to the End and Purposes declared
in the Charter, at and in such Place as is limited in the said Charter,
unless the Governor and provincial Council shall, at any time, see Cause
to the contrary.
A N D W H E R E A S it is express'd in the said Charter, That the
Governor and provincial Council shall prepare and propose to the general
Assembly, all Bills which they shall think fit to pass into Laws, within
the said Province: B E I T E N A C T E D by the Authority aforesaid,
That the Governor and provincial Council, shall have the Power of
preparing and proposing to the general Assembly, all Bills that they
shall jointly assent to and think fit to have pass'd into Laws, in the
said Province and Territories thereof, that are not inconsistent with,
but according to the Powers granted by the King's Letters Patents to the
Proprietary and Governor aforesaid; which Bills shall be published in
the most noted Towns and Places in the said Province and Territories
thereof, _twenty_ Days before the Meeting of the general Assembly
aforesaid.
A N D for the better Decision and Determination of all Matters and
Questions upon Elections of Representatives, and Debates in provincial
Council and general Assembly, It is hereby declared and E N A C T E D, &c.
That all Questions upon Elections of Representatives, and Debates in
provincial Council and general Assembly, in personal Matters, shall be
decided by the Ballot; and all Questions about preparing and enacting
Laws, shall be determined by the Vote.
A N D that so united an Interest may have an united Term and Stile to be
express'd by, It is hereby declared and E N A C T E D, That the general
Assembly shall be henceforth termed or called the Assembly; and the
Meeting of the Governor, provincial Council, and Assembly, and their
Acts and Proceedings, shall be stiled and called the Meetings, Sessions,
Acts _or_ Proceedings _of the_ General Assembly _of the Province of_
Pensilvania, _and the Territories thereunto belonging_. And that the
Freemen of this Province, and the Territories thereof, may not on their
Part, seem unmindful or ungrateful to their Proprietary and Governor,
for the Testimony he hath been pleased to give, of his great Good-Will
towards them and theirs, nor be wanting of that Duty they owe to him and
themselves, they have prayed Leave hereby to declare their most hearty
Acceptance of the said Charter, and their humble Acknowledgments for the
same, solemnly promising, that they will inviolably observe and keep the
same, except as is therein excepted, and will neither directly nor
indirectly contrive, propose, enact, or do any Thing or Things
whatsoever, by Virtue of the Power thereby granted unto them, that shall
or may redound to the Prejudice or Disadvantage of the Proprietary and
Governor, his Heirs and Successors, in their just Rights, Properties and
Privileges, granted to him and them by the King's Letters Patents, and
Deeds of Release and Feoffment made to him by _J A M E S Duke of_ York
_and_ Albany, &c. and whom they desire may be hereby acknowledged and
recognized the true and rightful Proprietaries and Governors of the
Province of _Pensylvania_, and Territories annexed, according to the
King's Letters Patents, and Deeds of Release and Feoffment from _James_,
Duke of _York_ and _Albany_, unto the said Proprietary and Governor, his
Heirs and Successors; any Thing in this Act, or any other Act, Grant,
Charter, or Law, to the contrary of these Things herein and hereby
explained, altered, limited, promised, declared, and enacted, in any
wise notwithstanding.
* * * * *
_The F R A M E of the Government of the Province of_ Pensylvania,
_and Territories thereunto annexed in_ America.
T O A L L P E R S O N S, To whom these Presents may come.
W H E R E A S King _C H A R L E S the Second_, by his Letters Patents,
under the great Seal of _England_, bearing Date the _fourth_ Day of
_March_, in the _thirty and third_ Year of the King, for divers
Considerations therein mentioned, hath been graciously pleased to give
and grant unto me _William Penn_ (by the Name of _William Penn_, Esq;
Son and Heir of Sir _William Penn_ deceased) and to my Heirs and Assigns
for ever, all that Tract of Land, or Province called _Pensylvania_, in
_America_, with divers great Powers, Preheminences, Royalties,
Jurisdictions, and Authorities, necessary for the Well-being and
Government thereof. A N D W H E R E A S the King's dearest Brother,
_James_ Duke of _York_ and _Albany_, &c. by his Deeds of Feoffment,
under his Hand and Seal, duly perfected, bearing Date the _four and
twentieth_ Day of _August, One Thousand Six Hundred Eighty and Two_, did
grant unto me, my Heirs and Assigns, all that Tract of Land, lying and
being from _twelve_ Miles Northward of _Newcastle_ upon _Delaware_
River, in _America_, to _Cape Hinlopen_, upon the said River and Bay of
_Delaware_ Southward, together with all Royalties, Franchises, Duties,
Jurisdictions, Liberties and Privileges thereunto belonging.
N O W K N O W Y E, That for the Well-being and good Government of the
said Province and Territories thereunto annexed, and for the
Encouragement of all the Freemen and Planters, that may be therein
concerned, in Pursuance of the Rights and Powers afore-mentioned, I the
said _William Penn_ have declared, granted and confirmed, and by these
Presents, for me, my Heirs and Assigns, do declare, grant and confirm
unto all the Freemen, Planters and Adventurers of, in and to the said
Province and Territories thereof, these Liberties, Franchises and
Properties, so far as in me lieth, to be held, enjoyed and kept by the
Freemen, Planters and Adventurers of and in the said Province of
_Pensylvania_ and Territories thereunto annexed, for ever.
I M P R I M I S.
T H A T the Government of this Province and Territories thereof shall,
from Time to Time, according to the Powers of the Patent and Deeds of
Feoffment aforesaid, consist of the Proprietary and Governor, and
Freemen of the said Province and Territories thereof, in Form of
provincial Council and Assembly, which provincial Council shall consist
of _eighteen_ Persons, being _three_ out of each County, and which
Assembly shall consist of _thirty-six_ Persons, being _six_ out of each
County, Men of most Note for their Virtue, Wisdom and Ability, by whom
all Laws shall be made, Officers chosen, and publick Affairs transacted,
as is hereafter limited and declared.
II.
T H E R E being _three_ Persons already chosen for every respective
County of this Province and Territories thereof, to serve in the
provincial Council, _one_ of them for _three_ Years, _one_ for _two_
Years, and _one_ for _one_ Year; and _one_ of them being to go off
yearly in every County; that on the _tenth_ Day of the _first_ Month
yearly, for ever after, the Freemen of the said Province and Territories
thereof shall meet together in the most convenient Place in every County
of this Province and Territories thereof, then and there to chuse _one_
Person, qualified as aforesaid, in every County, being _one third_ of
the Number to serve in provincial Council, for _three_ Years; it being
intended, that _one third_ of the whole provincial Council, consisting
and to consist of _eighteen_ Persons, falling off yearly, it shall be
yearly supplied with such yearly Elections, as aforesaid; and that _one_
Person shall not continue in longer than _three_ Years; and in Case any
Member shall decease before the last Election, during his Time, that
then at the next Election ensuing his Decease, another shall be chosen
to supply his Place for the remaining Time he was to have served, and no
longer.
III.
T H A T after the _first seven_ Years, every one of the said _third_
Parts that goeth yearly off, shall be incapable of being chosen again
for one whole Year following, that so all that are capable and qualified
as aforesaid, may be fitted for Government, and have a Share of the Care
and Burthen of it.
IV.
T H A T the provincial Council in all Cases and Matters of Moment, as
their arguing upon Bills to be passed into Laws, or Proceedings about
erecting of Courts of Justice, sitting in Judgment upon Criminals
impeached, and Choice of Officers in such Manner as is herein after
expressed, not less than _two thirds_ of the whole shall make a
_Quorum_; and that the Consent and Approbation of _two thirds_ of that
_Quorum_ shall be had in all such Cases or Matters of Moment: And that
in all Cases and Matters of lesser Moment, _one third_ of the whole
shall make a _Quorum_, the Majority of which shall and may always
determine in such Cases and Causes of lesser Moment.
V.
T H A T the Governor and provincial Council, shall have the Power of
preparing and proposing to the Assembly hereafter mentioned, all Bills
which they shall see needful, and that shall at any Time be past into
Laws within the said Province and Territories thereof, which Bills shall
be published and affixed to the most noted Place in every County of this
Province and Territories thereof, _twenty_ Days before the Meeting of
the Assembly, in order to passing them into Laws.
VI.
T H A T the Governor and provincial Council shall take Care, that all
Laws, Statutes, and Ordinances, which shall at any Time be made within
the said Province and Territories, be duly and diligently executed.
VII.
T H A T the Governor and provincial Council shall, at all Times, have
the Care of the Peace and Safety of this Province and Territories
thereof; and that nothing be by any Person attempted to the Subversion
of this Frame of Government.
VIII.
T H A T the Governor and provincial Council shall, at all Times, settle
and order the Situation of all Cities and Market-towns in every County,
modelling therein all publick Buildings, Streets, and Market-places; and
shall appoint all necessary Roads and Highways in this Province and
Territories thereof.
IX.
T H A T the Governor and provincial Council shall, at all Times, have
Power to inspect the Management of the publick Treasury, and punish
those who shall convert any Part thereof to any other Use, than what
hath been agreed upon by the Governor, provincial Council, and Assembly.
X.
T H A T the Governor and provincial Council, shall erect and order all
publick Schools, and encourage and reward the Authors of useful Sciences
and laudable Inventions, in the said Province and Territories thereof.
XI.
T H A T _one third_ of the provincial Council residing with the Governor,
shall with the Governor, from Time to Time, have the Care of the
Management of all publick Affairs, relating to the Peace, Justice,
Treasury, and Improvement of the Province and Territories, and to the
good Education of Youth, and Sobriety of the Manners of the Inhabitants
therein, as aforesaid.
XII.
T H A T the Governor or his Deputy, shall always preside in the
provincial Council, and that he shall at no Time therein perform any
publick Act of State whatsoever, that shall or may relate unto the
Justice, Trade, Treasury, or Safety of the Province and Territories
aforesaid, but by and with the Advice and Consent of the provincial
Council thereof.
XIII.
A N D to the End that all Bills prepared and agreed by the Governor and
provincial Council, as aforesaid, may yet have the more full Concurrence
of the Freemen of the Province and Territories thereof, it is declared,
granted and confirmed, that at the Time and Place in every County, for
the Choice of _one_ Person to serve in provincial Council, as aforesaid,
the respective Members thereof, at their said Meeting, shall yearly
chuse out of themselves _six_ Persons of most Note, for Virtue, Wisdom,
and Ability, to serve in Assembly, as their Representatives, who shall
yearly meet on the _tenth_ Day of the _third_ Month, in the capital Town
or City of the said Province, unless the Governor and provincial Council
shall think fit to appoint another Place to meet in, where, during
_eight_ Days, the several Members may confer freely with one another;
and if any of them see meet, with a Committe of the provincial Council,
which shall be at that Time purposely appointed, to receive from any of
them, Proposals for the Alterations or Amendment of any of the said
proposed and promulgated Bills; and on the _ninth_ Day from their so
meeting, the said Assembly, after their reading over of the proposed
Bills, by the Clerk of the provincial Council, and the Occasions and
Motives for them being opened by the Governor or his Deputy, shall, upon
the Question by him put, give their Affirmative or Negative, which to
them seemeth best, in such Manner as is hereafter expressed: But not
less than _two thirds_ shall make a _Quorum_ in the passing of all Bills
into Laws, and Choice of such Officers as are by them to be chosen.
XIV.
T H A T the Laws so prepared and proposed as aforesaid, that are
assented to by the Assembly, shall be enrolled as Laws of this Province
and Territories thereof, with this Stile, _By the Governor, with the
Assent and Approbation of the Freemen in provincial Council and Assembly
met_; and from henceforth, the Meetings, Sessions, Acts, and Proceedings
of the Governor, provincial Council and Assembly, shall be stiled and
called, _The Meeting, Sessions, and Proceedings, of the general Assembly
of the Province of_ Pensylvania, _and the Territories thereunto
belonging_.
XV.
A N D that the Representatives of the People in provincial Council and
Assembly, may in after Ages bear some Proportion with the Increase and
multiplying of the People, the Number of such Representatives of the
People, may be from Time to Time increased and enlarged, so as at no
Time the Number exceed _seventy-two_ for the provincial Council, and
_two hundred_ for the Assembly; the Appointment and Proportion of which
Number, as also the laying and methodizing of the Choice of such
Representatives in future Time, most equally to the Division of the
Country, or Number of the Inhabitants, is left to the Governor and
provincial Council to propose, and the Assembly to resolve, so that the
Order of Proportion be strictly observed, both in the Choice of the
Council and the respective Committees thereof, _viz. one third_ to go
off and come in yearly.
XVI.
T H A T from and after the Death of this present Governor, the provincial
Council shall, together with the succeeding Governor, erect from Time to
Time, standing Courts of Justice, in such Places and Number, as they
shall judge convenient for the good Government of the said Province and
Territories thereof; and that the provincial Council shall, on the
_thirteenth_ Day of the _second_ Month then next ensuing, elect and
present to the Governor or his Deputy, a double Number of Persons, to
serve for Judges, Treasurers, and Masters of the Rolls, within the said
Province and Territories, to continue so long as they shall well behave
themselves in those Capacities respectively; and the Freemen of the said
Province, in an Assembly met on the _thirteenth_ Day of the _third_
Month, yearly, shall elect and then present to the Governor or his
Deputy, a double Number of Persons to serve for Sheriffs, Justices of
the Peace and Coroners, for the Year next ensuing; out of which
respective Elections and Presentments, the Governor or his Deputy, shall
nominate and commissionate the proper Number for each Office, the
_third_ Day after the said respective Presentments; or else the _first_
named in such Presentment for each Office as aforesaid, shall stand and
serve in that Office, the Time before respectively limited; and in Case
of Death or Default, such Vacancy shall be supplied by the Governor and
provincial Council in Manner aforesaid.
XVII.
T H A T the Assembly shall continue so long as may be needful, to impeach
Criminals fit to be there impeached, to pass such Bills into Laws as are
proposed to them, which they shall think fit to pass into Laws; and till
such Time as the Governor and provincial Council shall declare, _That
they have nothing further to propose unto them for their Assent and
Approbation_; and that Declaration shall be a Dismiss to the Assembly
for that Time; which Assembly shall be notwithstanding, capable of
assembling together, upon the Summons of the Governor and provincial
Council, at any Time during that Year, if the Governor and provincial
Council shall see Occasion for their so assembling.
XVIII.
T H A T all the Elections of Members or Representatives of the People to
serve in provincial Council and Assembly, and all Questions to be
determined by both or either of them, that relate to Choice of Officers,
and all or any other personal Matters, shall be resolved or determined
by the _Ballot_; and all Things relating to the preparing and passing of
Bills into Laws, shall be openly declared and resolved by the _Vote_.
XIX.
T H A T at all Times when the Proprietary and Governor shall happen to be
an Infant, and under the Age of _one and twenty_ Years, and no Guardians
or Commissioners are appointed in Writing, by the Father of the said
Infant, or that such Guardian shall be deceased, that during such
Minority, the provincial Council shall, from Time to Time, as they shall
see meet, constitute and appoint Guardians and Commissioners not
exceeding _three_, one of which shall preside as Deputy and chief
Guardian during such Minority, and shall have and execute, with the
Consent of one of the other two, all the Power of a Governor in all
publick Affairs and Concerns of the said Province and Territories
thereof, according to Charter; which said Guardian so appointed, shall
also have the Care and Oversight of the Estate of the said Minor, and be
yearly accountable and responsible for the same to the provincial
Council, and the provincial Council to the Minor, when of Age, or to the
next Heir, in case of the Minor's Death, for the Trust before expressed.
XX.
T H A T as often as any Days of the Month mentioned in any Article of
this Charter, shall fall upon the _first_ Day of the Week, commonly
called the _Lord's-day_, the Business appointed for that Day, shall be
deferred until the next Day, unless in Cases of Emergency.
XXI.
A N D for the Satisfaction and Encouragement of all Aliens, I do give
and grant, that if any Alien, who is or shall be a Purchaser, or who
doth or shall inhabit in this Province or Territories thereof, shall
decease at any Time before he can well be naturalized, his Right and
Interest therein, shall notwithstanding descend to his Wife and
Children, or other his Relations, be he Testate or Intestate, according
to the Laws of this Province and Territories thereof in such Cases
provided, in as free and ample Manner, to all Intents and Purposes, as
if the said Alien had been naturalized.
XXII.
A N D that the Inhabitants of this Province and Territories thereof, may
be accommodated with such Food and Sustenance, as God in his Providence
hath freely afforded, I do also further grant to the Inhabitants of this
Province and Territories thereof, Liberty to fowl and hunt upon the
Lands they hold, and all other Lands therein not enclosed; and to fish
in all Waters in the said Lands, and in all Rivers and Rivulets in and
belonging to this Province and Territories thereof, with Liberty to draw
his or their Fish on Shore on any Man's Lands, so as it be not to the
Detriment or Annoyance of the Owner thereof, except such Lands as do lie
upon Inland Rivulets that are not Boatable, or which are or may be
hereafter erected into Manors.
XXIII.
A N D that all the Inhabitants of this Province and Territories thereof,
whether Purchasers or others, may have the last worldly Pledge of my
good and kind Intentions to them and theirs, I do give, grant, and
confirm to all, and every one of them, full and quiet Possession of
their respective Lands, to which they have any lawful or equitable
Claim, saving only such Rents and Services for the same as are or
customarily ought to be reserved to me, my Heirs or Assigns.
XXIV.
T H A T no Act, Law or Ordinance whatsoever, shall at any Time hereafter
be made or done by the Proprietary and Governor of this Province and
Territories thereunto belonging, his Heirs or Assigns, or by the Freemen
in provincial Council or Assembly, to alter, change, or diminish, the
Form or Effect of this Charter, or any Part or Clause thereof, contrary
to the true Intent and Meaning thereof, without the Consent of the
Proprietary and Governor, his Heirs or Assigns, and _six_ Parts of
_seven_ of the said Freemen in provincial Council and Assembly met.
XXV.
A N D L A S T L Y, I the said _William Penn_, Proprietary and Governor
of the Province of _Pensylvania_ and Territories thereunto belonging,
for me, my Heirs and Assigns, have solemnly declared, granted and
confirmed, and do hereby solemnly declare, grant and confirm, that
neither I, nor my Heirs nor Assigns, shall procure or do any Thing or
Things, whereby the Liberties in this Charter contained and expressed,
shall be infringed or broken: And if any Thing be procured by any Person
or Persons, contrary to these Premises, it shall be held of no Force or
Effect. I N W I T N E S S whereof, I the said _William Penn_, at
_Philadelphia_ in _Pensylvania_, have unto this present Charter of
Liberties set my Hand and broad Seal, this _second_ Day of the _second_
Month, in the Year of our Lord _one Thousand six Hundred Eighty and
Three_, being the _five and thirtieth_ Year of the King, and the _third_
Year of my Government.
_W I L L I A M P E N N_.
_T H I S within_ C H A R T E R, _which we have distinctly heard read
and thankfully received_, _shall be by us inviolably kept_; _at_
Philadelphia, _the_ second Day _of the_ second _Month_, one
Thousand six Hundred Eighty and Three.
The Members of the provincial Council present.
_William Markham_,
_John Moll_,
_William Haige_,
_Christopher Taylor_,
_John Simcock_,
_William Clayton_,
_Francis Whittwel_,
_Thomas Holme_,
_William Clark_,
_William Biles_,
_James Harrison_,
_John Richardson_,
_Philip-Thomas Lenman_, Secr. Gov.
_Richard Ingelo,_ Cl. Coun.
The Members of the Assembly present.
_Casparus Harman_,
_John Darby_,
_Benjamin Williams_,
_William Guest_,
_Valentine Hollingsworth_,
_James Boyden_,
_Bennony Bishop_,
_John Beazor_,
_John Harding_,
_Andrews Bringston_,
_Simon Irons_,
_John Wood_,
_John Curtis_,
_Daniel Brown_,
_William Futcher_,
_John Kipshaven_,
_Alexander Molestine_,
_Robert Bracy_, sen.
_Thomas Bracy_,
_William Yardly_,
_John Hastings_,
_Robert Wade_,
_Thomas Hassald_,
_John Hart_,
_Robert Hall_,
_Robert Bedwell_,
_William Simsmore_,
_Samuel Darke_,
_Robert Lucas_,
_James Williams_,
_John Blunston_,
_John Songhurst_,
_John Hill_,
_Nicholas Waln_,
_Thomas Fitzwater_,
_John Clows_,
_Luke Watson_,
_Joseph Phipps_,
_Dennis Rotchford_,
_John Brinklair_,
_Henry Bowman_,
_Cornelius Verhoofe_,
_John Southworth_, Cl. of the Synod.
Some of the Inhabitants of Philadelphia present.
_William Howel_,
_Edmund Warner_,
_Henry Lewis_,
_Samuel Miles_.
* * * * *
_The_ C H A R T E R _of the City of_ P H I L A D E L P H I A.
_W I L L I A M P E N N_, Proprietary and Governor of the Province of
_Pensylvania_, &c. To all to whom these Presents shall come, sends
greeting. K N O W Y E, That at the humble Request of the Inhabitants
and Settlers of this Town of _Philadelphia_, being some of the first
Adventurers and Purchasers within this Province, for their
Encouragement, and for the more immediate and entire Government of the
said Town, and better Regulation of Trade therein: I have by Virtue of
the King's Letters Patent, under the Great Seal of _England_, erected
the said Town into a Borough, and by these Presents do erect the said
Town and Borough of _Philadelphia_ into a C I T Y; which said City shall
extend the Limits and Bounds, as it is laid out between _Delaware_ and
_Skuylkill_.
A N D I do for me, my Heirs and Assigns, grant and ordain, that the
Streets of the said City, shall for ever continue as they are now laid
out and regulated; and that the End of each Street extending into the
River _Delaware_, shall be and continue free for the Use and Service of
the said City, and the Inhabitants thereof, who may improve the same for
the best Advantage of the City, and build Wharfs so far out into the
River there, as the Mayor, Aldermen, and Common-council, herein after
mentioned, shall see meet.
A N D I do nominate _Edward Shippen_ to be the present Mayor, who shall so
continue until another be chosen, as is herein after directed.
A N D I do hereby assign and name _Thomas Story_ to be present Recorder,
to do and execute all Things which unto the Office of Recorder of the
said City doth or may belong.
A N D I do appoint _Thomas Farmer_ to be the present Sheriff, and _Robert
Assheton_ to be the present Town-clerk, and Clerk of the Peace, and
Clerk of the Court and Courts.
A N D I do hereby name, constitute, and appoint, _Joshua Carpenter,
Griffith Jones, Anthony Morris, Joseph Wilcox, Nathan Stanbury, Charles
Read, Thomas Masters_, and _William Carter_, Citizens and Inhabitants of
the said City, to be the present Aldermen of the said City of
_Philadelphia_.
A N D I do also nominate and appoint _John Parsons, William Hudson,
William Lee, Nehemiah Allen, Thomas Paschal, John Bud_, jun., _Edward
Smout, Samuel Buckley, James Atkinson, Pentecost Teague, Francis Cook_,
and _Henry Badcocke_, to be the _twelve_ present Common-council Men of
the said City.
A N D I do by these Presents, for me, my Heirs and Successors, give, grant
and declare, that the said Mayor, Recorder, Aldermen, and Common-council
Men for the Time being, and they which hereafter shall be Mayor,
Recorder, Aldermen and Common-council Men within the said City, and
their Successors, for ever hereafter be and shall be, by Virtue of these
Presents, one Body corporate and politick in Deed, and by the Name of
the Mayor and Commonalty of the City of _Philadelphia_, in the Province
of _Pensylvania_: And them by the Name of Mayor and Commonalty of the
City of _Philadelphia_, one Body politick and corporate in Deed and in
Name, I do for me, my Heirs and Successors, fully create, constitute and
confirm, by these Presents; and that by the same Name of Mayor and
Commonalty of the City of _Philadelphia_, they may have perpetual
Succession; and that they and their Successors, by the Name of Mayor and
Commonalty of the City of _Philadelphia_, be and at all Times hereafter
shall be Persons able and capable in Law, to have, get, receive, and
possess, Lands and Tenements, Rents, Liberties, Jurisdictions,
Franchises and Hereditaments, to them and their Successors in
Fee-simple, or for Term of Life, Lives, Years, or otherwise; and also
Goods, Chattels, and other Things, of what Nature, Kind, or Quality
soever.
A N D also to give, grant, let, sell and assign the same Lands,
Tenements, Hereditaments, Goods, Chattels, and to do and execute all
other Things about the same, by the Name aforesaid; and also that they
be and shall be for ever hereafter Persons able and capable in Law, to
sue and be sued, plead and be impleaded, answer and be answered unto,
defend and be defended, in all or any the Courts and other Places, and
before any Judges, Justices, and other Persons whatsoever within the
said Province, in all Manner of Actions, Suits, Complaints, Pleas,
Causes and Matters whatsoever, and of what Nature or Kind soever.
A N D that it shall and may be lawful to and for the said Mayor and
Commonalty of the said City of _Philadelphia_, and their Successors, for
ever hereafter, to have and use one common Seal for the sealing of all
Businesses touching the said Corporation, and the same from Time to Time
at their Will and Pleasure to change or alter.
A N D I do for me, my Heirs and Successors, give, and by these Presents,
grant full Power and Authority unto the Mayor, Recorder and
Common-Council of the said City of _Philadelphia_, or any _five_ or more
of the Aldermen, and _nine_ or more of the Common-Council Men, the Mayor
and Recorder for the time being, or either of them, being present, on
the _first third_ Day of the Week, in the _eighth_ Month yearly for ever
hereafter, publickly to meet at a convenient Room or Place within the
said City, to be by them appointed for that Purpose, and then and there
nominate, elect and chuse one of the Aldermen to be Mayor for that
ensuing Year.
A N D also to add to the Number of Aldermen and Common-Council Men, such
and so many of those, that by Virtue of these Presents shall be admitted
Freemen of the said City from Time to Time, as they the said Mayor,
Aldermen and Common-Council shall see Occasion.
A N D that such Person who shall be so elected Mayor aforesaid, shall
within _three_ Days next after such Election, be presented before the
Governor of this Province, or his Deputy for the time being, and there
shall subscribe the Declarations and Profession of his Christian Belief,
according to the late Act of Parliament made in the _first_ Year of King
_William_'s Reign, entitled, _An Act for exempting their Majesties
Subjects dissenting from the Church of_ England, _from the Penalties of
certain Laws_; and then and there the Mayor so presented, shall make his
solemn Affirmation and Engagement for the due Execution of his Office.
A N D that the Recorder, Sheriff, Aldermen, and Common-council Men, and
all other Officers of the said City, before they or any of them shall be
admitted to execute their respective Offices, shall make and subscribe
the said Declarations and Profession aforesaid, before the Mayor for the
Time being, and at the same Time shall be attested for the due Execution
of their Offices respectively; which Declarations, Promises and
Attestations, the Mayor of the said City for the Time being, is hereby
impowered to take and administer accordingly.
A N D that the Mayor, Recorder and Aldermen of the said City, for the
Time being, shall be Justices of the Peace and Justices of Oyer and
Terminer; and are hereby impowered to act within the said City and
Liberties thereof accordingly, as fully and amply as any Justice or
Justices of the Peace or Oyer and Terminer, can or may do within the
said Province.
A N D that they or any _four_ or more of them (whereof the Mayor and
Recorder of the said City for the Time being, shall be _two_) shall and
may for ever hereafter have Power and Authority, by Virtue of these
Presents, to hear and enquire into all and all Manner of Treasons,
Murthers, Manslaughters, and all Manner of Felonies and other Crimes and
Offences, Capital and Criminal, whatsoever, according to the Laws of
this Province and of the Kingdom of _England_, with Power also to hear
and determine all petty Larcenies, Routs, Riots, unlawful Assemblies;
and to try and punish all Persons that shall be convicted for
Drunkenness, Swearing, Scolding, breaking the Peace, or such like
Offences, which are by the Laws of this Province to be punished by Fine,
Imprisonment or Whipping; with Power also to award Process against all
Rioters and Breakers of the Peace, and to bind them, and all other
Offenders and Persons of evil Fame, to the Peace or good Behaviour, as
any Justice or Justices of the Peace can do, without being accountable
to me or my Heirs, for any Fines or Amerciaments to be imposed for the
said Offences or any of them.
A N D I do hereby impower them or any _four_ of them (whereof the Mayor
and Recorder for the Time being, shall be _two_) with the City Sheriff
and Town-clerk, to hold and keep a Court of Record, Quarterly, or
oftener, if they see Occasion, for the enquiring, hearing and
determining of the Pleas and Matters aforesaid; and upon their own View,
or after a legal Procedure in some of those Courts, to cause all
Nuisances and Encroachments in the Streets of the said City to be
removed, and punish the Parties concerned, as the Law and Usage in such
Cases shall require.
A N D I do by these Presents assign and appoint, that the present Mayor,
Recorder, and Aldermen herein before-mentioned, be the present Justices
of the Peace, and Oyer and Terminer, within the said City; and that they
and all others that shall be Mayors, Recorders and Aldermen of the said
City for the Time being, shall have full Power and Authority, and are
hereby impowered and authorized, without any further or other
Commission, to be Justices of the Peace, and of Oyer and Terminer,
within the said City for ever; and shall also be Justices of the Peace,
and the Mayor and Recorder shall be of the _Quorum_ of the Justices of
the County Courts, Quarter-sessions, Oyer and Terminer, and Goal
Delivery, in the said County of _Philadelphia_; and shall have full
Power to award Process, bind to the Peace or Behaviour, or commit to
Prison, for any Matter or Cause, arising without the said City and
within the Body of the aforesaid County, as Occasion shall require; and
to cause Kalendars to be made of such Prisoners, which, together with
all Recognizances and Examinations taken before them, for or concerning
any Matter or Cause not determinable by them, shall be duly returned to
the Judges or Justices of the said County, in their respective Courts
where the same shall be cognizable.
A N D that it may be lawful to and for the said Mayor and Commonalty and
their Successors, when they see Occasion, to erect a Goal or Prison and
Court-house within the said City.
A N D that the Mayor and Recorder for the Time being, shall have, and by
these Presents have Power to take Recognizance of Debts there, according
to the Statute of Merchants, and of Action Burnel; and to use and affix
the common Seal thereupon, and to all Certificates concerning the same.
A N D that it may be lawful to and for the Mayor of the said City, for
the Time being, for ever hereafter to nominate, and from Time to Time
appoint the Clerk of the Market, who shall have Assize of Bread, Wine,
Beer, Wood, and other Things; and to do, execute and perform all Things
belonging to the Clerk of the Market within the said City.
A N D I will that the Coroners to be chosen by the County of
_Philadelphia_ for the Time being, shall be Coroners of the said City
and Liberties thereof; but that the Freemen and Inhabitants of the said
City shall from Time to Time, as often as Occasion be, have equal
Liberty with the Inhabitants of the said County, to recommend or chuse
Persons to serve in the respective Capacities of Coroners and Sheriffs
for the County of _Philadelphia_, who shall reside within the said City.
A N D that the Sheriff of the said City and County for the Time being,
shall be the Water-Bailiff, who shall and may execute and perform all
Things belonging to the Officer of Water-Bailiff, upon _Delaware_ River,
and all other navigable Rivers and Creeks within the said Province.
A N D in Case the Mayor of the said City for the Time being, shall,
during the Time of his Mayoralty, misbehave himself or misgovern in that
Office, I do hereby impower the Recorder, Aldermen and Common-council
Men, or _five_ of the Aldermen and _nine_ of the Common-council Men of
the said City of _Philadelphia_, for the Time being, to remove such
Mayor from his Office of Mayoralty; and in such Case, or in Case of the
Death of the said Mayor for the Time being, that then another fit Person
shall, within _four_ Days next after such Death or Removal, be chosen in
Manner as is above directed for electing of Mayors, in the Place of him
so dead or removed.
A N D lest there should be a Failure of Justice or Government in the said
City, in such Interval, I do hereby appoint, That the eldest Alderman
for the Time being, shall take upon him the Office of a Mayor there, and
shall exercise the same till another Mayor be chosen as aforesaid; and
in Case of the Disability of such eldest Alderman, then the next in
Seniority, shall take upon him the said Office of Mayor, to exercise the
same as aforesaid.
A N D in Case the Recorder, or any of the Aldermen or Common-council Men
of or belonging to the said City, for the Time being, shall misbehave
him or themselves in their respective Offices and Places, they shall be
removed and others chosen in their Stead, in Manner following, _that is
to say_, The Recorder for the Time being, may be removed (for his
Misbehaviour) by the Mayor, and _two thirds_ of the Aldermen and
Common-council Men respectively; and in Case of such Removal or of the
Death of the Recorder, then to chuse another fit Person skilled in the
Law, to be the Recorder there, and so to continue during Pleasure as
aforesaid.
A N D the Alderman so misbehaving himself, may be removed by the Mayor,
Recorder and _nine_ of the Aldermen and Common-council Men; and in Case
of such Removal or Death, then within _four_ Days after, to chuse a fit
Person or Persons to supply such Vacancies; and the Common-council Men,
Constables, and Clerk of the Market, for Misbehaviour, shall be removed
and others chosen, as is directed in the Case of Aldermen.
A N D I do also, for me and my Successors, by these Presents, grant to
the said Mayor and Commonalty, and their Successors, that if any of the
Citizens of the said City, shall be hereafter nominated, elected, and
chosen to the Office of Mayor, Aldermen and Common-council Men as
aforesaid, and having Notice of his or their Election, shall refuse to
undertake and execute that Office to which he is so chosen, that then,
and so often it shall and may be lawful for the Mayor and Recorder,
Aldermen and Common-council Men, or the major Part of the Aldermen and
Common-council Men for the Time being, according to their Discretion, to
impose such moderate Fines upon such Refusers, so as the Mayor's Fine
exceed not _forty Pounds_, the Alderman's _five and thirty Pounds_, and
Common-council Men twenty Pounds, and other Officers proportionably, to
be levied by Distress and Sale, by Warrant under the common Seal, or by
other lawful Ways, to the Use of the said Corporation.
A N D in such Cases it shall be lawful to chuse others to supply the
Defects of such Refusers, in Manner as is as above directed for
Elections.
A N D that it shall and may be lawful to and for the Mayor, Recorder,
and at least _three_ Aldermen for the Time being, from Time to Time, so
often as they shall find Occasion, to summon a Common-council of the
said City.
A N D that no Assembly or Meeting of the said Citizens, shall be deemed
or accounted a Common-council, unless the said Mayor and Recorder, and,
at least _three_ of the Aldermen for the Time being, and _nine_ of the
Common-council Men be present.
A N D also that the said Mayor, Recorder, Aldermen and Common-council
Men for the Time being, from Time to Time, at their Common-council,
shall have Power to admit such and so many Freemen into their
Corporation and Society as they shall think fit.
A N D to make (and they may make, ordain, constitute and establish) such
and so many good and reasonable Laws, Ordinances and Constitutions (not
repugnant to the Laws of _England_ and this Government) as to the
greater Part of them at such Common-council assembled (where the Mayor
and Recorder for the Time being, are to be always present) shall seem
necessary and convenient for the Government of the said City.
A N D the same Laws, Ordinances, Orders and Constitutions so to be made,
to put in Use and Execution accordingly, by the proper Officers of the
said City; and at their Pleasure to revoke, alter, and make anew, as
Occasion shall require.
A N D also impose such Mulcts and Amerciaments upon the Breakers of such
Laws and Ordinances, as to them in their Discretion shall be thought
reasonable; which Mulcts, as also all other Fines and Amerciaments to be
set or imposed by Virtue of the Powers granted, shall be levied as above
is directed in Case of Fines, to the Use of the said Corporation,
without rendering any Account thereof to me, my Heirs and Successors;
with Power to the Common-council aforesaid, to mitigate, remit, or
release such Fines and Mulcts, upon the Submission of the Parties.
_Provided always_, That no Person or Persons hereafter, shall have Right
of electing or being elected, by Virtue of these Presents, to any Office
or Place judicial or ministerial, nor shall be admitted Freemen of the
said City, unless they be free Denizens of this Province, and are of the
Age of _twenty-one_ Years or upwards, and are Inhabitants of the said
City, and have an Estate of Inheritance or Freehold therein, or are
worth _fifty Pounds_ in Money, or other Stock, and have been resident in
the said City for the Space of _two_ Years, or shall purchase their
Freedom of the Mayor and Commonalty aforesaid.
A N D I do further grant to the said Mayor and Commonalty of the City of
_Philadelphia_, that they and their Successors, shall and may for ever
hereafter hold and keep within the said City, in every Week of the Year,
_two_ Market-days, the one upon the _fourth_ Day of the Week, and the
other upon the _seventh_ Day of the Week, in such Place or Places as is,
shall, or may be appointed for that Purpose, by the said Commonalty or
their Successors, from Time to Time.
A N D also _two_ Fairs therein every Year, the one of them to begin on
the _sixteenth_ Day of the _third_ Month, called _May_, yearly, and so
to be held in and about the Market-place, and continue for that Day and
_two_ Days next following; and the other of the said Fairs to be held in
the aforesaid Place on the _sixteenth_ Day of the _ninth_ Month yearly,
and for _two_ Days next after.
A N D I do for me, my Heirs and Assigns, by Virtue of the King's Letters
Patent, make, erect and constitute the said City of _Philadelphia_, to
be a Port or Harbour for discharging and unlading of Goods and
Merchandize out of Ships, Boats, and other Vessels; and for landing and
shipping them in or upon such and so many Places, Keys and Wharfs there,
as by the Mayor, Aldermen, and Common-council of the said City, shall
from Time to Time be thought most expedient for the Accommodation and
Service of the Officers of the Customs, in the Management of the King's
Affairs and Preservation of his Duties, as well as for Conveniency of
Trade.
A N D I do ordain and declare, that the said Port or Harbour shall be
called the Port of _Philadelphia_, and shall extend and be accounted to
extend into all such Creeks, Rivers, and Places within this Province,
and shall have so many Wharfs, Keys, Landing-places and Members
belonging thereto, for landing and shipping of Goods, as the said Mayor,
Aldermen, and Common-council for the Time being, with the Approbation of
the chief Officer or Officers of the King's Customs, shall from Time to
Time think fit to appoint.
A N D I do also ordain, that the Landing-places now and heretofore used
at the _Penny-pot-house_ and _Blue-anchor_, saving to all Persons their
just and legal Right and Properties in the Lands so to be open; as also
the Swamp between _Bud_'s Buildings and the _Society-hill_, shall be
left open and common for the Use and Service of the said City and all
others, with Liberty to dig Docks and make Harbours for Ships and
Vessels, in all or any Part of the said Swamp.
A N D I do hereby grant, that all the vacant Land within the Bounds and
Limits of the said City, shall remain open as a free Common of Pasture,
for the Use of the Inhabitants of the said City, until the same shall be
gradually taken in, in order to build or improve thereon, and not
otherwise. _Provided always_, That nothing herein contained, shall debar
me or my Heirs in Time to come, from fencing in all the vacant Lands
that lie between the _Center_ Meeting-house and the _Schuylkil_, which I
intend shall be divided from the Land by me allotted for _Delaware_
Side, by a strait Line along the _Broad-street_ from _Edward Shippen_'s
Land through the _Center_ Square by _Daniel Pegg_'s Land; nor shall the
fencing or taking in any of the Streets, happening to be within that
Inclosure on _Skuylkil_, be deemed or adjudged to be an Incroachment,
where it shall not interfere or stop any of the Streets or Passages
leading to any of the Houses built or to be built on that Side, any
Thing herein contained to the contrary notwithstanding.
A N D I do grant, that this present Charter, shall, in all Courts of Law
and Equity, be construed and taken most favourably and beneficially, for
the said Corporation.
I N W I T N E S S whereof, I have hereunto set my Hand, and caused my
great Seal to be affixed. Dated at _Philadelphia_ the _five and
twentieth_ Day of _October_, Anno Domini _one Thousand seven Hundred and
One_, and in the _thirteenth_ Year of the Reign of King _W I L L I A M
the Third_, over _England_, &c. and the _one and twentieth_ Year of my
Government.
_W I L L I A M P E N N_.
* * * * *
_The_ C H A R T E R _of_ P R I V I L E G E S _granted by_
W I L L I A M P e n n, _Esq_; _to the Inhabitants of_ Pensylvania
_and Territories_.
_W I L L I A M P E N N_, Proprietary and Governor of the Province of
_Pensylvania_, and Territories thereunto belonging. To all to whom these
Presents shall come, sendeth Greeting. W H E R E A S King _C H A R L E S
the Second_, by his Letters Patents, under the Great Seal of _England_,
bearing Date the _fourth_ Day of _March_, in the Year _one Thousand six
Hundred and Eighty_, was graciously pleased to give and grant unto me,
and my Heirs and Assigns for ever, this Province of _Pensylvania_, with
divers great Powers and Jurisdictions for the well Government thereof.
A N D W H E R E A S the King's dearest Brother, _J A M E S Duke of
Y O R K and A L B A N Y_, &c. by his Deeds of Feoffment, under his Hand
and Seal duly perfected, bearing Date the _twenty-fourth_ Day of
_August, one Thousand six Hundred Eighty and Two_, did grant unto me, my
Heirs and Assigns, all that Tract of Land, now called the Territories of
_Pensylvania_, together with Powers and Jurisdictions for the good
Government thereof.
A N D W H E R E A S for the Encouragement of all the Freemen and
Planters, that might be concerned in the said Province and Territories,
and for the good Government thereof, I the said William Penn,
in the Year _one Thousand six Hundred Eighty and Three_, for me, my
Heirs and Assigns, did grant and confirm unto all the Freemen, Planters
and Adventurers therein, divers Liberties, Franchises and Properties, as
by the said Grant, entituled, _The F R A M E of the Government of the
Province of_ Pensylvania, _and Territories thereunto belonging_, in
_America_, may appear; which Charter or Frame being found in some Parts
of it, not so suitable to the present Circumstances of the Inhabitants,
was in the _third_ Month, in the Year _one Thousand seven Hundred_,
delivered up to me, by _six_ Parts of _seven_ of the Freemen of this
Province and Territories, in general Assembly met, Provision being made
in the said Charter, for that End and Purpose.
A N D W H E R E A S I was then pleased to promise, That I would restore
the said Charter to them again, with necessary Alterations, or in Lieu
thereof, give them another, better adapted to answer the present
Circumstances and Conditions of the said Inhabitants; which they have
now, by their Representatives in general Assembly, met at
_Philadelphia_, requested me to grant.
K N O W Y E T H E R E F O R E, That for the further Well-being and
good Government of the said Province, and Territories; and in Pursuance
of the Rights and Powers before-mentioned, I the said _William Penn_ do
declare, grant and confirm, unto all the Freemen, Planters and
Adventurers, and other Inhabitants in this Province and Territories,
these following Liberties, Franchises and Privileges, so far as in me
lieth, to be held, enjoyed and kept, by the Freemen, Planters and
Adventurers, and other Inhabitants of and in the said Province and
Territories thereunto annexed, for ever.
F I R S T.
B E C A U S E no People can be truly happy, though under the greatest
Enjoyment of civil Liberties, if abridged of the Freedom of their
Consciences, as to their religious Profession and Worship: And Almighty
God being the only Lord of Conscience, Father of Lights and Spirits, and
the Author as well as Object of all divine Knowledge, Faith and Worship,
who only doth enlighten the Minds, and persuade and convince the
Understandings of People, I do hereby grant and declare, That no Person
or Persons, inhabiting in this Province or Territories, who shall
confess and acknowledge _One_ Almighty God, the Creator, Upholder and
Ruler of the World; and profess him or themselves obliged to live
quietly under the civil Government, shall be in any Case molested or
prejudiced, in his or their Person or Estate, because of his or their
conscientious Persuasion or Practice, nor be compelled to frequent or
maintain any religious Worship, Place or Ministry, contrary to his or
their Mind, or to do or suffer any other Act or Thing, contrary to their
religious Persuasion.
A N D that all Persons who also profess to believe in _Jesus Christ_, the
Saviour of the World, shall be capable (notwithstanding their other
Persuasions and Practices in Point of Conscience and Religion) to serve
this Government in any Capacity, both legislatively and executively, he
or they solemnly promising, when lawfully required, Allegiance to the
King as Sovereign, and Fidelity to the Proprietary and Governor, and
taking the Attests as now established by the Law made at _Newcastle_ in
the Year _one Thousand and seven Hundred_, entitled, _An Act directing
the Attests of several Officers and Ministers, as now amended and
confirmed by this present Assembly_.
II.
F O R the well governing of this Province and Territories, there shall
be an Assembly yearly chosen, by the Freemen thereof, to consist of
_four_ Persons out of each County, of most Note for Virtue, Wisdom and
Ability, (or of a greater Number at any Time, as the Governor and
Assembly shall agree) upon the _first_ Day of _October_ for ever; and
shall sit on the _fourteenth_ Day of the same Month, at _Philadelphia_,
unless the Governor and Council for the Time being, shall see Cause to
appoint another Place within the said Province or Territories: Which
Assembly shall have Power to chuse a Speaker and their other Officers;
and shall be Judges of the Qualifications and Elections of their own
Members; sit upon their own Adjournments; appoint Committees; prepare
Bills in order to pass into Laws; impeach Criminals, and redress
Grievances; and shall have all other Powers and Privileges of an
Assembly, according to the Rights of the free-born Subjects of
_England_, and as is usual in any of the King's Plantations in
_America_.
A N D if any County or Counties, shall refuse or neglect to chuse their
respective Representatives as aforesaid, or if chosen, do not meet to
serve in Assembly, those who are so chosen and met, shall have the full
Power of an Assembly, in as ample Manner as if all the Representatives
had been chosen and met, provided they are not less than _two Thirds_ of
the whole Number that ought to meet.
A N D that the Qualifications of Electors and Elected, and all other
Matters and Things relating to Elections of Representatives to serve in
Assemblies, though not herein particularly expressed, shall be and
remain as by a Law of this Government, made at _New-Castle_ in the Year
_one Thousand seven Hundred_, entitled, _An Act to ascertain the Number
of Members of Assembly, and to regulate the Elections_.
III.
T H A T the Freemen in each respective County, at the Time and Place of
meeting for electing their Representatives to serve in Assembly, may as
often as there shall be Occasion, chuse a double Number of Persons to
present to the Governor for Sheriffs and Coroners, to serve for _three_
Years, if so long they behave themselves well; out of which respective
Elections and Presentments, the Governor shall nominate and
commissionate one for each of the said Offices, the _third_ Day after
such Presentment, or else the _first_ named in such Presentment, for
each Office as aforesaid, shall stand and serve in that Office for the
Time before respectively limited; and in Case of Death or Default, such
Vacancies shall be supplied by the Governor, to serve to the End of the
said Term.
P R O V I D E D A L W A Y S, That if the said Freemen, shall at any
Time neglect or decline to chuse a Person or Persons for either or both
the aforesaid Offices, then and in such Case, the Persons that are or
shall be in the respective Offices of Sheriffs or Coroners, at the Time
of Election, shall remain therein, until they shall be removed by
another Election as aforesaid.
A N D that the Justices of the respective Counties, shall or may nominate
and present to the Governor _three_ Persons, to serve for Clerk of the
Peace for the said County, when there is a Vacancy, one of which the
Governor shall commissionate, within _ten_ Days after such Presentment,
or else the _first_ nominated, shall serve in the said Office during
good Behaviour.
IV.
T H A T the Laws of this Government shall be in this Stile, viz. _By the
Governor, with the Consent and Approbation of the Freemen in General
Assembly met_; and shall be, after Confirmation by the Governor,
forthwith recorded in the Rolls-office, and kept at _Philadelphia_,
unless the Governor and Assembly shall agree to appoint another Place.
V.
T H A T all Criminals shall have the same Privileges of Witnesses and
Council as their Prosecutors.
VI.
T H A T no Person or Persons shall or may, at any Time hereafter, be
obliged to answer any Complaint, Matter or Thing whatsoever, relating to
Property, before the Governor and Council, or in any other Place, but in
ordinary Course of Justice, unless Appeals thereunto shall be hereafter
by Law appointed.
VII.
T H A T no Person within this Government, shall be licensed by the
Governor to keep an Ordinary, Tavern, or House of publick Entertainment,
but such who are first recommended to him, under the Hands of the
Justices of the respective Counties, signed in open Court; which
Justices are and shall be hereby impowered, to suppress and forbid any
Person, keeping such Publick-house as aforesaid, upon their
Misbehaviour, on such Penalties as the Law doth or shall direct; and to
recommend others from Time to Time, as they shall see Occasion.
VIII.
I F any Person, through Temptation or Melancholy, shall destroy himself,
his Estate, real and personal, shall notwithstanding descend to his Wife
and Children, or Relations, as if he had died a natural Death; and if
any Person shall be destroyed or killed by Casualty or Accident, there
shall be no Forfeiture to the Governor by Reason thereof.
A N D no Act, Law or Ordinance whatsoever, shall at any Time hereafter,
be made or done, to alter, change or diminish the Form or Effect of this
Charter, or of any Part or Clause therein, contrary to the true Intent
and Meaning thereof, without the Consent of the Governor for the Time
being, and _six_ Parts of _seven_ of the Assembly met.
B U T because the Happiness of Mankind depends so much upon the enjoying
of Liberty of their Consciences as aforesaid, I do hereby solemnly
declare, promise and grant, for me, my Heirs and Assigns, that the
_first_ Article of this Charter relating to Liberty of Conscience, and
every Part and Clause therein, according to the true Intent and Meaning
thereof, shall be kept and remain without any Alteration, inviolably for
ever.
A N D L A S T L Y, I the said _William Penn_, Proprietary and Governor
of the Province of _Pensylvania_, and Territories thereunto belonging,
for myself, my Heirs and Assigns, have solemnly declared, granted and
confirmed, and do hereby solemnly declare, grant and confirm, That
neither I, my Heirs or Assigns, shall procure or do any Thing or Things,
whereby the Liberties in this Charter contained and expressed, nor any
Part thereof, shall be infringed or broken: And if any Thing shall be
procured or done, by any Person or Persons, contrary to these Presents,
it shall be held of no Force or Effect.
I N W I T N E S S whereof, I the said _William Penn_, at _Philadelphia_
in _Pensylvania_, have unto this present Charter of Liberties, set my
Hand and broad Seal, this _twenty-eighth_ Day of _October_, in the Year
of our Lord, _one Thousand seven Hundred and One_, being the
_thirteenth_ Year of the Reign of King _W I L L I A M the Third_, over
_England, Scotland, France_, and _Ireland_, &c. and the _twenty-first_
Year of my Government.
A N D N O T W I T H S T A N D I N G the Closure and Test of this
present Charter as aforesaid, I think fit to add this following Proviso
thereunto, as Part of the same, _That is to say_, That notwithstanding
any Clause or Clauses in the above-mentioned Charter, obliging the
Province and Territories, to join together in Legislation, I am content,
and do hereby declare, That if the Representatives of the Province and
Territories shall not hereafter agree to join together in Legislation,
and that the same shall be signified unto me, or my Deputy, in open
Assembly, or otherwise, from under the Hands and Seals of the
Representatives, for the Time being, of the Province and Territories, or
the major Part of either of them, at any Time within _three_ Years from
the Date hereof, that in such Case, the Inhabitants of each of the
_three_ Counties of this Province, shall not have less than _eight_
Persons to represent them in Assembly, for the Province; and the
Inhabitants of the Town of _Philadelphia_ (when the said Town is
incorporated) _two_ Persons to represent them in Assembly; and the
Inhabitants of each County in the Territories, shall have as many
Persons to represent them, in a distinct Assembly for the Territories,
as shall be by them requested as aforesaid.
N O T W I T H S T A N D I N G which Separation of the Province and
Territories, in Respect of Legislation, I do hereby promise, grant and
declare, That the Inhabitants of both Province and Territories, shall
separately enjoy all other Liberties, Privileges and Benefits, granted
jointly to them in this Charter, any Law, Usage, or Custom of this
Government heretofore made and practised, or any Law made and passed by
this General Assembly, to the contrary hereof notwithstanding.
_W I L L I A M P E N N_.
* * * * *
_T H I S_ C H A R T E R of P R I V I L E G E S _being distinctly
read in Assembly, and the whole and every Part thereof, being
approved of and agreed to, by us, we do thankfully receive the same
from our Proprietary and Governor, at_ Philadelphia, _this_
twenty-eighth _Day of_ October, one Thousand seven Hundred and One.
_Signed on Behalf, and by Order of the Assembly,_
_per_ Joseph Growdon, _Speaker_.
_Edward Shippen_, }
_Phineas Pemberton_, }
_Samuel Carpenter_, } Proprietary and Governor's
_Griffith Owen_, } Council.
_Caleb Pusey_, }
_Thomas Story_, }
_F I N I S_.
[Illustration]
_This Day is published_,
A L E T H I A: Or, A General System of Moral Truths and Natural
Religion. Contained in the Letters of S E L I M A, Empress of the Turks,
to her Daughter I S A B E L L A, at Grand Cairo. With Historical and
Critical Notes.
By Richard Murray, A. M. and J. U. B.
_Quid verum atque decens, Curo, & Rogo, omnis in hoc sum_.
Printed for T. Osborne, in Gray's-Inn.
* * * * *
_This Day is published_,
_Beautifully printed, in a neat Pocket Volume, Price_ 2 s. _sew'd, or_
2 s. 6. d. _bound_,
A J O U R N E Y through Part of England and Scotland along with the
Army, under the Command of his Royal Highness the Duke of Cumberland.
Wherein the Proceedings of the Army, and the happy Suppression of the
Rebellion in the Year 1746, are particularly described. As also, the
Natural History and Antiquities of the several Places passed through.
Together with the Manners and Customs of the different People,
especially of the Highlanders. By a Volunteer. Comprised in several
Letters to a Friend in London.
Printed for T. Osborne, in Gray's-Inn.
=Transcriber's Notes:=
hyphenation, spelling and grammar have been preserved as in the original
Governour ==> Governor" [Ed. for consistency]
Page 3, the Inhatants of ==> the Inhabitants of
Page 12, by their Forts. ==> by their Forts."
Page 22, so advantagious a ==> so advantageous a
Page 42, following Orignal Letter ==> following Original Letter
Page 51, BRETRHEN of the ==> BRETHREN of the
Page 52, Shawanese, "That they ==> Shawanese,' "That they
Page 56, had any Warriours ==> had any Warriors
Page 61, for us.' We ==> for us." We
Page 62, proper Information. ==> proper Information.'
Page 71, in obtaining Justice. ==> in obtaining Justice.'
Page 77, would communicate. ==> would communicate.'
Page 80, Canassetego taking a ==> Canassatego taking a
Page 94, no onger. Your ==> no longer. Your
Page 106, good Undestanding with ==> good Understanding with
Page 110, Conred Weiser ==> Conrad Weiser
Page 112, Lands at at our ==> Lands at our
Page 112, well, it it hath ==> well, it hath
Page 115, Shick Calamy ==> Shickcalamy
Page 127, to have resonable ==> to have reasonable
Page 132, that Seareh has ==> that Search has
Page 135, "As we have already ==> As we have already
Page 146, Design, and and the ==> Design, and the
Page 163, was entred into ==> was entered into
Page 176, a mischievous People. ==> a mischievous People.]
Page 177, was wrought. ==> was wrought.]
Page 182, Massachuset's-Bay ==> Massachusets-Bay
Page 183, the Enemies' Blood ==> the Enemies' Blood
Page 185, interpreted as as follows ==> interpreted as follows
Page 194/195, War-like Enprizes ==> War-like Enterprizes
Page 208, other Country whatsover ==> other Country whatsoever
Page 215, or Molestation whatsover ==> or Molestation whatsoever
Page 235, to the Criminial ==> to the Criminal
Page 240, the Porportion which ==> the Proportion which
Page 245, Act ACT of Settlement ==> An ACT of Settlement
Page 264, John Bud, jun. ==> John Bud, jun.,
Page 278, other their Officers ==> their other Officers
End of the Project Gutenberg EBook of The History of the Five Indian Nations
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