nor ever granted them any upon any account whatsoever, and of this, he said, we might assure ourselves. Thus the Day was spent in such Discourses, with a Pipe and some small mixt Liquors, and the next morning Ghesaont, with the rest of his Company, returning from the Indian Town to John Cartlidge's, took their Leaves very affectionately with great Expressions of Thankfulness to the Governour and this Government for their kind Reception. Then were laid before the Board several Accotts. of Expences of the Governour and Council's Journey to Conestogoe this month, and of the Treaty with the Indians there, but there being some Bills not yet given in, the Clerk is ordered to call for them, and the Secretary is desired to direct him in the making up and fairly stating the whole Accott. of the charge of that Treaty; and likewise, that credit be given for the Presents received from the Indians, that so the said Accott. may be ready to be considered at the next meeting of the Council. At a Council held at Philada, August the 17th, 1721. PRESENT: The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, William Trent, Samuel Preston, Upon a due Consideration of the Letter from the Honourable William Burnet, Esqr., Govr. of the Provinces of New York and New Jersey, directed to our Governour Sir Wm. Keith, bearing Date the 17th of July last, and recommended to this Board, which he is pleased still to insist on his former Demand of three hundred and fifty Pounds from this province, towards building of ffortifications for the Security of the Frontier of New York. It is the opinion of this Board, that their Answer already given to the said Demand grounded on the first of those Instructions from his Majesty, which the said Governour was pleased to transmit was full and plain. But since that worthy Gentleman is pleased to insist on a further Answer, And it being highly conducive to his Majestys Interest in these Colonies, that a perfect Harmony and good understanding he kept up between all his Governments, and that his Subjects should be united in affection as well as Interest, to which End all things tending to Altercations or Contest ought most carefully to be avoided; the Board therefore, with all due Respect and Deference, take Leave to observe by way of further Answer to the Demand aforesaid. That the first of these Instructions which have been communicated to them, viz: that numbred 91, begins with and contains nothing but pure Recitals to these Words at the Close of it, viz: "You are therefore to inform yourself what has been done, and what remains further to be done, and to send an account thereof to us and our Commissioners for Trade & Plantations as aforesaid," which Lines. contain the whole directive part of that Instruction, and therefore nothing further is required by it of the Governour that what is so directed. That the last Recital in that first Instruction, beginning with these words: "And whereas, We thought fitt to direct that you signify to our Province of Nova Cæsarea," is a mistake in the Clerks in continuing to apply to the present as well as some former Govrs. what could be said properly, only of one of his predecessors, Governour of New York, before New Jersey was brought under the immediate Government of the Crown, will be very plain to all those who are acquainted with the Transactions of those Times in Relation to that Government. And the next Instruction, numbred 92, being only a Direction to the same Governour to recommend what is there mentioned to the Council and Assembly of New York, has therefore no relation to this or any other Colony. The Board further observes, that in the Body of the Recitals in the first of these Instructions, it is said, "That orders were given "by King William the 3d, by Letters under his royal Sign Manual, "directed to their Governours of divers of the Plantations, to recom"mend to the Councils and General Assemblies of the said Planta❝tions, that they respectively furnish a proportionable Summ towards "the ffortifications, &c." By which it appears at this Day, that at first, (viz. about 25 years agoe) the Demand was made by King William's particular Letters under his Signet, directed to each respective Governour, yet in no other manner than that they should recommend it to their Councils & Assemblies. This Demand therefore having been made by the Kings own Letters directly to the respective Governours, in a manner perfectly agreeable to an English Constitution, and not by authorizing any other Governour or Person to make such Demand, except in the Case of Jersey, whose Governour was not then acknowledged by the Crown, and the Governour of New York being in most plain Terms directed only to inform himself what had been done therein, &c.; this Board therefore has Reason to continue of the same opinion, That their former Answer to this Demand was clear and full to the point, and that the several former Governours of New York, for about these twenty years past, were of the same opinion, viz: that they were not directed to make any such Demands may reasonably be conceived, because tho' every one of them (as this Board has been credibly informed) has successively the same Instructions; yet not one of them in that space, notwithstanding their administration fell in the time of a very sharp War with France and its subjects, ever made it on this province, or any other that we have heard of. As to the next Instruction, viz: the 93, Requiring a Quota of men from each of the Colonies on the Continent North of Carolina, and among the rest of eighty men from this Province, for the Defence of the Frontier of New York in case of an invasion, of which Instruction the said Governour is now pleased to add a Copy to the two formerly sent, as a Proof beyond Dispute of his having a Right to make the aforesaid Demands; this Board cannot conceive that it either adds too or diminishes from the Intention of the Directions in the preceding Instructions, tho' it really in itself authorizes the Governour of New York, as occasion requires, to call for the said quota. But hereupon this Board must, with all due regard to their superiors crave leave to observe, That this Instruction seems to be no way suitable to the present circumstances of affairs on this Continent, and that being first drawn so many years ago, 'tis to be admired that it should have been still continued; For besides that the manner of the Indians is to make their marches so private to attack so suddenly and to retire so quickly after the mischief is done, that assistance from men who have vast Tracts of Woods, and most difficult Ways & Waters to pass through, could scarce ever come early enough to be of any service against such Indian Invasions. Besides this We say, the situation of the English and ffrench affairs on this main are so much altered, since the time that Instruction was first deemed necessary, that they now require to be considered in a very different manner; Canada was then the only settlement of the ffrench in these parts, but now Louisiana, cultivated by the greatest application of that Nation, and peopled by the transportation of vast numbers of their subjects at the expense of an immense publick stock, spreads itself round and threatens all these Colonies with a formidible Power behind us. Carolina, Virginia, Mary Land & Pennsylvania, are now equally concerned with the more Northern provinces to guard against the Danger; therefore as what was first proposed by this Instruction was considered by the several Governments to which King William's Letters were directed, as impracticable; So now, even the first Reason of it ceases, and therefore cannot ('tis conceived) be rationally urged for any such contribution; for every Government will naturally first consider their own Security, and 'tis reasonable that if one Colony assist another when in danger, that other should return their assistance to the first when occasion requires it. But as Governour Burnet very justly observes in his letter, it may happen their whole force may be wanted for their own defence, and then it will in vain be expected. The great concern that worthy Gentlemen expresses for this Province, and his desire that his Letter should be laid before this Board, arises ('tis supposed) from his Inclination to be doing good every where; And not only this Board, But the whole province we hope will make all greatful acknowledgements for every favour or service that he intends us. It will undoubtedly (as has been already noted) be for the interest of his Majesty and all his subjects on this Continent, that there should be the most friendly Disposition in all his Governments towards each other. 'Tis what this Board covets on their part, for themselves and the whole Province. We are at present sensible of our Happiness under our Governour, have reason to hope that as he is intrusted by his Majesty with the Care of the Colony, and the Inhabitants cannot be ignorant of what may most conduce to their own security, all the parts of the government will concur in considering the necessities of their own affairs as they may from time to time emerge, and be ever ready to express a due sense of gratitude for every favour they shall receive from abroad at the hands of their well wishers. Upon consideration of the Petition of one John Grist, Prisoner in Philadelphia gaol, who having, with divers other persons, settled himself and Family and taken up Lands on the other side of Sasquehannah River, within the Limits of this province, without any Warrant for the said Lands for the Commissioners of Property, or any other legal right to the same, And having for passed audaciously presumed to continue himself in the possession of the said Lands in Contempt and defiance of the repeated Orders of the Commissioners of Property, signified to him by the Secretary of this province, one of the said Commissioners; And complaint having been made to the Governour by the Indians at Conestogoe in July last, of divers abuses they had received from the said John Grist, &c., the Governour, with the advice of some of the Commissioners of Property then with him at Conestogoe, Judged it absolutely necessary for the Quiet of the Indians, and also to prevent such audacious behaviour in contempt of the Authority of this Governmt. for the time to come, by a Warrant under his Hand and Seal, to direct John Cartlidge, Esqr., one of his Majestys Justices of the Peace, residing at Conestogoe, to warn and admonish the said John Grist and his Accomplices forthwith to relinquish the said Lands whereof they had taken Possession without the least Colour of Right or Title thereto, and in case of their refusal, the Governour by his said Warrant, did further require the said John Cartlidge to raise the Posse Comitatus, and to burn and destroy their dwelling houses and Habitations, the first part of which said orders having been exactly observed and notice given, the said persons to remove themselves accordingly. Notwithstanding whereof, They still refusing to shew any regard to the Governours orders, or to remove themselves from off the said Lands, the Indians did thereupon destroy some of their cattle; Whereof the said John Grist coming to complain to the Governour at Philadelphia, the Governour being just then going out of Town remitted him with his complaint against the Indians to the Secretary, before whom behaving himself in a very insolent seditious manner, the Secretary, with the Advice of the Attorney Genl. committed him to Gaol for want of Security to be forthcoming when required, and for the good behaviour. The Board, in compasion to his poor family is pleased to order that Leave be given the said John Grist to carry off his corn now on the ground; And that upon his entering into a recognizance for one hundred pounds, conditioned for his immediate Removal from off the said Lands, and for his good Behaviour for twelve months, He be forthwith discharged and set at Liberty, paying his fees.. At a Council held at Philadelphia, August the 21st, 1722. PRESENT: The Hononrable Sir WILLIAM KEITH, Bart., Governour. William Trent, Samuel Preston, Anthony Palmer. Andrew Hamilton, Att. Genl. Two Bills sent up this Day from the House of Representatives, viz: An act for preventing Accidents that may happen by Fire, and An Act to prevent the Killing of Deer out of Season, were severally read at the Board, to which divers amendments were made and ordered to be sent down the Assembly, together with the said Bills. John Grist being sent from the Goal, came in Custody of the Keeper, and in presence of the Governour and this Board, acknowledged himself to owe unto our Sovereign Lord the King, his Heirs & Successors, the Summ of two hundred pounds, to be levied of his Goods & Chattels, Lands & Tenements, Sub Conditione. That if the said John Grist shall be of good Behaviour, and well & uprightly behave himself towards our Sovereign Lord the King's Majesty, and all his Liege People, for the space of twelve months; And shall remove himself & ffamily from his late Settlement on the other side of the Sasquehannah River, within the space of one month from this Day, And shall appear before the Governour and Council of this province, at any time within twelve months, upon Notice given to him in Writing, or left at the place of his Habitation or usual Abode, Then this Recognizance to be void, or else, &c. Whereupon, the said John Grist being first severely reprehended by the Governour for his past Contumacy and insolent Behaviour, and admonished to behave himself civilly and respectfully for the future, was discharged, paying his fees. At a Council held At Philadelphia, August the 25th, 1721. PRESENT: The Honourable Sir WILLIAM KEITH, Bart., Governour. The Governour in Council having considered two Bills sent up to him this Afternoon, from the House of Representatives, viz: An act for vesting the Lands and Lotts commonly called the Lands of the free Society of Traders in Pensilvania, in Trustees, to be sold for the payment of such Summs of money as were paid into the publick Stock of the said Society, for purchasing the said Lands and Lots, and carrying on the trade designed by the said Society; and An act to regulate the well tanning and currying of Leather. Is of opinion, That the Bill for sale of the Society Lands being a private Bill, whereby the particular Estates and Properties of many persons are to be conveyed and disposed of out of the common course of the Law, for the advantage of a few, it ought to be carefully examined by every part of the Legislature. That it does not appear to the Governour who are the parties concerned in promoting of this Bill, nor what Interest they really have in the original Stock of the sd. Society or Company; So that tho' a considerable time is given to persons living at a Distance for putting |