was unanimously agreed to issue a new Commission, and the following Persons were appointed, viz: Samuel Dickinson, John Brinckle, Thomas Clark, Samuel Johns, William Farson, John Vining, George Wilson, George Martin, John Goading, Stephen Parradee, Robert Wilcocks, Richard Wells, Thomas Irons, and John Clayton, Jun' Esquires.

Then the Record of Conviction of James Duffy, of the County of Kent upon Delaware, for the Murder of John Brown of the said County, was read, and Ryves Holt, Esquire, One of the Justices of the Court of Oyer and Terminer for the Countys upon Delaware aforesaid, having represented to the Governor that the Fact was proved before the Justices of the said Court to have been perpetrated in so unmanly and cruel a manner that he could not be recommended to his Honour's Clemency, a Warrant was, therefore, made out and signed for his Execution on Wednesday, the twentyfirst of this Month.

MEMORANDUM.

On the Ninth of August Several Deserters from the French Garrisons having at different times arrived in Town who were in want of the common Necessaries of Life, the Governor sent the following verbal Message to the House by the Secretary:

"The Governor commands me to acquaint the House that Parties of French Deserters from the Forts on the River Ohio are daily arriving in this City, And as many of the Inhabitants are afraid to employ them, not knowing their Characters or Designs, or that there may not be really sufficient Employ for them, they are in Danger of being reduced to extreme Want, the Few who have hitherto in a great Measure supported them not being able or not enclining to do it any longer, and therefore proposes it to the Consideration of the House whether it might not be for the publick Service that some small Reward should be given them as an Encouragement for Others to desert, or some Consideration offered to such as would employ them on reasonable Terms."

On the Twelfth of August the Governor received the following Letter from Governor Dinwiddie, and laid an Extract of it before the House; and also a Copy of the Capitulation of the Virginia Troops at Fort Necessity. The Capitulation is entered before and the Letter is in the following Words:

"S".:

"WILLIAMSBURG, VIRGINIA, July 31st, 1754.

"Yours of the 21st Currant I received the 29th. The late Action with the French gave me much Concern; my Orders to the Commanding Officer was by no means to attack the Enemy till all the Forces were joined in a Body. They were surprised and had

no account of their march till the morning before the action, which obliged them to be on the defensive; and, indeed, considering the few numbers of our Forces, the Enemy have nothing to Vaunt of but what they got by the capitulation, copy of which I now send you. The French no doubt will fortify themselves as strong as they possibly can. Their numbers from the best information I can procure does not exceed 1,100 Men, Indians included.

"By the advice of my Council I gave orders to the Commanderin-chief to collect his Forces together at Wills' Creek and march over the Allegheny Mountains; if he find it impossible to dispossess the French of the Fort he is to build a Fort at Red Stone Creek, the Crossing Place, or any other Place proper that may be determined by a Council of War. The number of our Forces you have below, and should be glad if they were augmented by Two or Three Companies from your Province. I think the sooner we endeavour to make a Settlement and build a Fort the other side the Allegheny Mountains the better, for if we allow them a quiet Settlement their numbers will greatly encrease in the Spring. We have now Three months fit for Marching and Action. I would feign hope our Forces will be at Wills' Creek before the twentieth of next month, and shall be glad if reinforced from your Colony; if you send some Companies they may safely march after our Forces over the Mountains.

"The Governor of Maryland proposes building a large magazine for Provisions near Wills' Creek; it will be very convenient for you (if your Assembly proves generous) to help to fill it, and really absolutely necessary, as the want of a proper Supply of Provisions has been much Complained of by our men. I never the least doubted your earnest Endeavours and firm good wishes for the necessary Expedition, and I hope your Assembly will strengthen your Hands and put it in your Power to serve his Majesty and protect the private Property of the People you preside over; and I dare say they now must think that a proper assistance and a mutual Supply is absolutely necessary, and that they will not clogg their Bill with anything unreasonable or unconstitutional. Your observation is very just; if the People here do force the Parliament of Britain to interfere with the Legislatures of America, which undoubtedly must be the case if they continue obstinate to his Majestie's Commands and the Preservation of his Colonies on this Continent, will prove of very great Loss to them and curtail the Powers Assemblies in these Colonies unjustly assume. Mr. Washington had many of the Indians with him; but I observe these People remain unactive till they see how Affairs go, and generally speaking side with the Conquerors, that in my private Opinion little Dependance is to be put in them; however the Half King and several other Indians are now among the back Settlements of this or your Government. I hear of no Invasion on North Carolina-all their Forces by this time are near Wills' Creek.

"The Article of Capitulation in regard to make no Settlements for one Year, the Officers say it was only in regard to the Forces left with the Baggage and Sick, they gave no Parole for themselves, and are now ready to proceed with the other Forces. I doubt not when your Assembly observes how earnest We are in supporting and prosecuting this Expedition they will cordially and with Uuanimity grant proper Supplies, and more so as the Danger appears so near to them. The Albany Treaty I have not received, but have a Plan for an Union among all the Colonies on this Continent; as it is an extraordinary Piece, and some new Positions in it not before ventured on, I do not care to give my Opinion on it till I hear how it is received at home. It is most certain if the neighbouring Colonies had given due Assistance the late unlucky Affair would not have happened; to the contrary, 'tis more than probable by this time We should have forced the Enemy from the Ohio, and had Possession of these Lands ourselves. If your Assembly can be brought to Reason, to their Duty to the King, and for their own Preservation, I hope they will give at least Ten Thousand Pounds; in that case, if You succeed with your Assembly, I pray You to send a large Quantity of Flower to Wills' Creek, and I am persuaded You will have no great Difficulty in raising some Companies of Men to join our Forces. As the Money raised here is very near exhausted, I have called the Assembly to meet next Month, having very strong Assurances that they will give me a pretty generous Supply, and they will be the more engaged to do so if they find your People in earnest, and grant a suitable assistance.

"I hope this with You in a suitable Time, having dispatched this Express with all the Expedition I could; pray by him write me what they are likely to do; and I beg you will forward the enclosed by the Post. I remain, with great Regard and Esteem, and in great Truth,

"Sir, your most Obedient humble Servant,
"ROBT DINWIDDIE.

"The Number of our Forces, viz":

"I believe I shall add 200 Men to our Regiment."

"1,010 Men.

On the Thirteenth of August Two Members presented a Bill Entituled "a Bill for Striking the Sum of Thirty-Five Thousand Pounds in Bills of Credit, and for granting Fifteen Thousand Pounds

thereof to the King's Use, and to provide a Fund for sinking the same, and for applying the Remainder to the Exchange of ragged and torn Bills now current in this Province" for the Governor's Concurrence. And on the fifteenth in the morning a Message was delivered by Two Members to acquaint the Governor "that the House had near gone through the Business before them, and desired to know when they might expect his Result upon the Bill." In the Afternoon the Governor sent down the Bill with sundry Amendments, such as had before been agreed to by the Council when Bills of the same Nature had been under their Consideration.

On the same Day the Governor received from the House a Message by Two Members with the Bill acquainting him "that the House were in Hopes the Bill could not fail to have received his assent, but as he had objected to the inserting his Name in the Bill for receiving or ordering the Disposal of the Money thereby granted, they had complied with his Request, and instead thereof had made it payable to the Lieutenant Governor of this Province for the time being in Conjunction with the other Gentlemen therein named, and requested he would be pleased to pass it as it stood, for the House could not admit of any other Alteration in the Bill."

On the Sixteenth in the morning the Governor returned an Answer to the House by the Secretary in these Words:

"The Governor promised himself from the Request he made to the House in his Speech at the opening of the Session that (considering the Importance of the Occasion) they would have fallen upon some Method of raising Money for the King's Use to which he might have had no material Objection, and could not therefore help being extremely mortified at finding the Bill now presented him for that Purpose to be not only formed on the said Plan but to be nearly of the same Tenor with that to which he refused his Assent at their last Meeting. He has nevertheless complied with the Proffer he then made them, and has agreed to extend the Fund they have chosen. to raise the Money upon in the same Proportion as they have encreased the Sum granted to his Majesty. But the House is pcremptory, and will admit of no alteration in their Bill; All then that remains, after assuring them that the Governor, least the King's Service should suffer, has strained his Powers even beyond what he almost dares think consistent with his Safety, is to submit our respective Conduct to the Judgment of our Superiors. But he hopes this also may be rendered unnecessary by the arrival of the Gentleman that is to succeed him in the Administration, who may every day be looked for among us, and who may possibly think himself more at Liberty with respect to the matter in Controversy than the Governor can presume to do; in the meanwhile it is hoped no considerable Detriment may arise to his Majesty's Affairs in the Short Interval between this and the time of his actual Arrival.

"So much has already been said upon this Subject on another

Occasion, that the Governor declines any farther Enlargement thereon, as well knowing that publick Disputes of this Nature frequently terminate in private Animosities, which he is very desirous of avoiding, and therefore only expects from the House that they will do him the same Justice he is willing to do them in supposing him to act from his Judgment when he tells them that he cannot recede from his amendments."

And in the Afternoon a Message was delivered by Two Members to acquaint the Governor "that the House had near gone thro' their Business and proposed to adjourn to the Thirtieth of September, if he had no Objection thereto," and he made no Objection.

At a Council held at Philadelphia, Thursday the 22d August, 1754.

PRESENT:

The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.

The Minutes of the preceding Council were read and approved. A Letter from George Croghan, which came by Express from Aucquick, and a Letter enclosed therein from Capt. Stobo, were read and ordered to be entered and are as follow:

"AUCQUICK, Old Town, August 16th, 1754. "May it please your Honour:

"The Half King Scarrooyady and several other Indians with their Wives and Families, have been here since Col. Washington was defeated, and about twelve Days ago came here the Young Shawonese King from the Lower Shawanese Town and several more with him, and Delaware George and several other Delawares came here from the French Fort. Delaware George brought a Letter from Cap Stobo, One of our Hostages, to the Commanding Officer in Virginia; the Indians would have the Letter broke open, a Copy of which I send You P the Bearer.

"The Shawonese and Delawares have made four Speeches to the Half King and me; they directed their Speeches to your Honour and the Governor of Virginia; the Purport of all their Speeches is to renew the Chain of Friendship, and to know what the English intend to do. They have heard from the French before they came here that the Half King and all that were with him were killed here by the Southern Indians. Your Honour will see by Cap Stobo's Letter what Strength the French are of now at the Fort;