their Terms if the Proprietors, should fail to make them for them on the Grand Decision. That as it appears that Isaac Taylor was taken by the officers of Maryland, only for Surveying to the Northward of the Line to which. this Province, as has been said, has always claimed some certain Lands at the request of their Possessors that had never been granted nor surveyed by Maryland, and Elisha Gatchel, upon an action grounded on a falsehood, with a design to try them for their supposed Crimes by a Court of Maryland; It is evident that as the whole controversie turns upon the Boundaries in which neither Province can be impartial, and therefore are not to be allowed Judges in the Case. To press these men by such a Trial is no better than determining it by Force, wch is inconsistent with all that can be accounted Legal. That the Case being the same in General in all these Disputes, It is inconsistent with the Duty of all those concerned in Government to give way to any measures so incompatible with the maintenance of the Peace of his Majesties Subjects committed to their Care, as these proceeding in their nature appear to be. That to allow of them would throw both Provinces into a State of War, the promoters of wch must deservedly feel the heavey Censures of his Majesty, for that the aggressors must accot. for all ensuing mischief; that it is no new thing in America that the Boundaries of two Countries should lie for many years undetermined, those of New York & New Jersey being so to this Day. Yet this Board never heard that Hostilities, or what amounts to them, were committed in such Cases, or that officers were employed to raise Levies by force on the Settlements of each other. Upon these considerations, It is the advice of this Board that the Governour would be pleased to state these matters fully to the Governour of Maryland, whose good understanding & Humanity can never approve of such unfriendly, not to say hostile Proceedings; That the Governour also would be pleased to give himself the trouble of meeting that Gent., and in the most friendly manner labour to discuss the matter of all former Complaints, and stipulate such measures as till the Boundaries are settled, may prevent them for the future; That in the mean time effectually to end those differences, application to be made to the Proprietor at home to press a final adjustment of the Boundaries; That in Case the Province of Maryland, hitherto our good Neighbours, should now so far change their measures as no longer to preserve Peace with us. The Governour would then be pleased to represent the matter effectually to the King & his Ministry, and in the mean time by all legal methods to support the peaceable People of this Province, as well as the Proprietor in the just Possession & Enjoyment of their Rights. At a Council held at Philadelphia, the 19th of Novr. 1722. PRESENT: The Honble WILLIAM KEITH, Bart., Governour. Richard Hill, Robert Assheton, Andrew Hamilton, Thomas Masters, James Logan, Secretary. The Governour not having had sufficient time, at the last meeting of the Council, to lay before the Board the Answer he had received from the Indians of Conestogoe, by James Le Tort, to the message sent them from himself & the Board, the 11th of October last, now orders the same to be read, & is in these words. Conestogoe, Octr. 18th, 1722. The Indians Speech to his Excellency Sir William Keith, Bart., Governour of the Province of Pensilvania, & his Honble Council at Philadelphia. Brethren: We have heard a Relation of the Governours Proceedings at Albany, interpreted by James Le Tort, and are very glad for his safe Return, as also of the Governour of Virginia and his proceedings, from which we have a small Dread upon us, but we being here had not the opportunity to know what was acted. The last time the Governour was here, we were in hopes he would clear all misunderstanding. We are very thankfull for the Governour's Care in letting us know the Law with respect to Virginia, and will take care to acquaint the others and take care to observe as directed by the Treaty which is engaged on our Parts. We are thankfull for the Belt of Wampum sent by the Governour in confirming the Law, & acquainting us of the Strictness of its Tyes. We are troubled in mind of being stop't for fear of some evil Consequences to happen thereby. Notwithstanding We say, as the three Governours agreeing with the ffive Nations on it, we are satisfied. We were in hopes there should have been free Liberty to Pass & Repass, but as it's agreed otherwise, We will observe. We likewise, the Chiefs of the Conestogoes, Connays, Delawares & Shawannoes, send this Belt of Wampum to the Govr. & Council to confirm our Speech, Consent & Approbation, & thankfully acknowledging the Governours Care for & on our Behalf at the Treaty at Albany, and in the Spring our Chiefs will pay a visit to your Excellency, and Honbl Council at Philadelphia. An Answer also from the Shawanna King in answer to that part of the message relating to the fugitive Negroes from Virginia, were read in these words: Conestogoe, Octr. 18th, 1722. From the Shawanna King To his Excellency Sir William Keith, Bart., Governour of the Province of Pensilvania. These are to acquaint you Brother concerning these Negroes Slaves belonging to Virginia, now at or amongst the Shawannoes at Oppertus. I will go my own self and take assistance where they are not exceeding the number 10 as directed. And as soon in the Spring as the Bark will run, We will lose no time to perform the taking of them according to Direction, for now they are abroad a Hunting, so it can be done no sooner; besides, there will be Hazard in Seizing them for they are well armed, but we must take them by Guile. I am yr. Excellys most humble Servt. THE SHAWANNA KING. The Governr. further acquainted the Board, that the principal occasion of calling them together at this time was to advise with them upon the Proceedings of Maryland against Isaac Taylor & Elisha Gatchell, upon whose accot. the last Council had met. That the said Persons, according to their Engagements to the Former Quarterly Court for Cecil County had appeared at their last Court, and that the said Court had made an order of which they had procured a Copy in these Words: "Ordered, that Isaac Taylor & Elisha Gatchel be committed into the Sheriff's custody untill they find sufficient Security for their appearance at the next provincial Court, according to order of the Governr. & Council." S. KNIGHT, Clerk. That the Sheriff of that County had accordingly taken them into Custody, but that they had obtained leave for a few days to visit their families, and in the mean time came hither for advice, but that on the 24th of this instant they were obliged to be with the Sheriff, at his House in Coecil county. The Govr. hereupon desires the opinion of this Board what measures may be most advisable to be taken for these men's Relief, and the subject matter being the same that was under the consideration of the Board at their last meeting. It is further Resolved, That as it appears to this Board that the ffacts for wch the sd. Isaac Taylor & Elisha Gatchel have been apprehended & committed by Maryland were within the Bounds of this Province, as Granted by his Maty King Charles the Second, and as they had been for many years acknowledged by Maryland, and have for twenty years past or thereabouts been in the Possession of the Inhabitants of this Province; Therefore, they ought not by any means submit to any of their Courts or Orders, or acknowledge their Jurisdiction over them, and that this Governmt. ought to support them in the defence of their just Rights. At a Council held at Philadelphia, May 20th, 1723. PRESENT: The Honorable Sir WILLIAM KEITH, Bart., Governour. James Logan, Robert Assheton, Samuel Preston, Thomas Masters, Esq'rs. The Governr. acquainted the Board, that he had thought fit to ap point Patrick Baird, his Secretary, to be Clerk of the Council, and that he would in a fuller Board give his reasons for so doing. Then He communicated to the Board the Speech of Whiwhinjac, King of the Gannawese Indians, delivered to the Governor (when there was not a sufficient number of Counsellors to make a Quorum) by Civility, in the name of the sd. Whiwhinjac, and of his and all the other three Nations of Indians upon Susquehanna, viz. : the Conestogoes, Delawares & Shawannese, at the Court House, May the 18th, & rendred English by Ezekiel Harlan, Interpreter, which was read, & is as follows: They rejoice that there is a Governr. here from England that loves the Indians as William Penn did. They remembered that William Penn did not approve of the methods of treating the Indians as Children, or Brethren by joining Hands, for in all these Cases, accidents may happen to break or weaken the tyes of Friendship. But William Penn said, We must all be one half Indian & the other half English, being as one Flesh & one Blood under one Head. William Penn often spoke to them and desired the Indians might hearken to what he said, and after three Generations were passed, and the People gone who heard his words, he desired that the writing which he left with them might be read to the fourth Generation that they might know it was the sense and words of their Grandfathers. William Penn knew the Indians to be a discerning People, that had Eyes to see a far off, and Ears to hearken unto & discover any approaching Danger, and he ever looked upon them as his Brethren. William Penn told them he perceived that the Indians delighted too much in going to War, but he advised them to Peace, for if they went abroad to War and thereby provoke other Nations to come & destroy them. He would not in that Case give them Countenance or any Assistance, but if they lived at home in Peace & minded their Hunting he would not only take care of their Goods & Families to protect them, but would also furnish them with Powder & Lead to defend themselves against those who might come to War upon them. It was agreed both by William Penn & the Indians, that if it should happen at any time that either of them did forget the strict League of Friendship then made between them, the Party who faithfully kept and remembered the Covenant Chain should take the other, who had forgot, gently as it were by the shoulder and put him in mind of it again. As the Governour went last year to Albany to make a firm Peace with the ffive Nations, and to bury the Blood of an Indian that had been spilt by the English Whiwhinjac, the Ganawese King, here present, is come in the name of all the four Nations of Indians upon Susquehannah, viz: the Ganawese, Shawannoes, Conestogoes and Delawares, to desire that the same Blood may not only be buried but wash'd away as it were by a swift runnin Stream of Water never more to be seen or heard of, and they further desire the Governor to believe that as they are one flesh with the English, they look upon themselves to be equally concerned with them in accidents of that Nature. They desire the Government may keep this Treaty in remembrance, so as that no Clouds of any kind may arise to obscure it, but that it may remain bright and lasting as the Sun, & they desire that the Settlers & young men near Conestogoe & their other Towns, may be directed to treat them with Kindness and Respect like Brethren. They also desire that the English may not be suffered to straiten or pinch the Ganawese or Shawannoes to make them remove further off, but to consider them as Brethren, for they have heard some words to this purpose which they do not care to mention. They are glad to find the English continue to send their young men with Goods amongst them, and they acknowledge that the Traders are now very Civil & Kind to them, whereby they Eat their Victuals without Fear & have a true Relish of them. The Shawannoes, Ganawese, Conestogoes & Delawares, shall never forget the words of William Penn, but since that Treaty was made between Him & Them, they do not find that we have been so careful to come as often to renew it with them at Conestogoe, as they have been to come to us at Philadelphia. They the said Indians both old & young do return the Governr.. their hearty Thanks for his Care last year in sending Corn & Biscuit to their Families when they wanted it very much. Having finished what they had to say, Whiwhinjac, in the name & on behalf of all the said Indians, makes a present to the Governour of 200 Skins. The young men of the Ganaway Town, in behalf of all their People say by way of Complaint, * * * * * * * * Then the Governrs. Answer to the Indians, which he was about to deliver, was read and approved. It was then considered by the Board what Presents should be returned to the Indians, and agreed to be as follows, viz: a Barrel of Powder, Twelve Gallons of Rum, 300 lb. of Biscuit, one Groce of Pipes, 20 lb. of Tobacco, 15 Strowd Match Coats, 15 Blankets, 5 pair of Shoes & Buckles, 5 pair of Stockings, 150 lb. of Lead and Meat to the value of Twenty Shillings. Mr. Logan, the Secretary, produced a Return of an Order of Council of febry. 19th last which is as follows: By Virtue of an Order of Council held at Philada. the 19th day of Febry., 1722, It was ordered, that John Knowles, John Wilmerton, Joseph Paul, John Atkins, Edward Brooks, & Richard Busby do view a certain part of the great Road leading to Burlington through John Shallcrosses & Thomas Kentons Lands in the Township of Oxford Do Certify that we have both viewed & measured both Roads & finding the difference in Longitude to be only about two or three Perches, and that the new Road is better Land than the old, & that the Owners of the said Lands may & ought according to our Judgment and Order of the above sd. Council, make & clear the new Road effectual & commodious for Passengers & Travellers at their own Charges which said Road begins in the old Road near the Corners of the said Thomas Kentons & Solomon Halls Fences thence North Eighty four Degrees Easterly thirty two perches, thence North Eighty Eight Degrees Easterly one hundred & eighty perches, thence north sixty seven Degrees easterly eighteen perches, thence North |