that time acknowledge obedience to the Jurisdiction & Laws of this Province by paying Taxes in & serving as a Juryman for the County of Chester. "To prove these Matters you have Copy of the Survey, Vining's Deed, & Sundry Depositions inclos'd. "As I apprehend the Settlements of Robert Mitchell & Mary McFadein are within the five hundred Acres Survey'd & Possessed, as far as possession can be without actual cultivation of the whole under this Province, permit me from the Depositions transmitted to observe with respect to their Rights under your Proprietor, that John Dawson says Steelman took up Two hundred Acres of Land in Talbot's Manor under a Maryland Right. When he was examin'd in this Province, which is in nature of a cross-examination upon the ex parte Deposition taken in yours, he declar'd he knew not of any Right Steelman had to settle the Land under either Province. Jeremiah Brown, the Son of Brown the purchaser from Steelman, says the same. You have their Depositions inclosed. But can you think it agreeable to reason or the Interests of the several Proprietors to admit general declarations, frequently founded on hearsay & opinion, as sufficient evidence to prove their granting rights, when such Acts are always in writing, & for the most part publickly register'd? "I can't find from the Depositions with certainty that Mitchell & McFadein or those they claim under, were in possession at the time of the Royal Order. Some general words intimate the Land was always possess'd, and in the words of the Deposition deemed under the Lord Baltimore. But as such possession is capable of more particular proof, certainly it ought to be given. Admitting their possession, how does it appear they held under your Proprietor? John Dawson says the Land was held under Maryland, without mentioning any Acts done by the Possessors to to shew such Tenure, except the Payment of Customs & Duties. I don't understand what they were or under what Laws. Generally, in all His Majesty's Dominions Duties & Customs may be paid by a Foreigner that has Lycence to trade, & in the Plantations they are often particularly impos'd on the King's Subjects who reside out of the Government. You will favor me with an explanation. As far I can learn by your Constitution, all the Inhabitants of each County are annually taxed to defray the County Charge, which taxes are collected from them by the Sheriff, & they are obliged occasionally to serve in Public Offices & as Jurymen. The taxing serving in Public Offices, or as Jurymen, may be proved by your Records & Payments by the Sheriff's Receipts. Any of these Acts, at or just before the time of the Royal Order, properly testified, will give Satisfaction that they held under your Government. But if no such Facts, or some others equivalent, can be made appear, they had no rights under your Proprietor, they shou'd be regarded by both Governments as freebooters. And then being possessed of VOL. V.-25. & part of a tract of Land Surveyed under the Proprietors of Pennsylvania they ought to be consider'd as Persons holding under them, for under them they must hold if under any. Shou'd this reasoning, just as it appears to me, be contravened, perhaps it may shake the possessory Rights of many who hold Lands near the bor ders as under your Proprietor. "I can't approve of the method taken by your Courts & Officers in sending Complainants against our Inhabitants about Crimes done near the Borders, & wherein jurisdiction is concerned, to your Jurys. It is not unlikely the Courts & Jurys in each Province may differ in Sentiment about the same Rights & the jurisdiction depending upon them. Experience has shown they have done so, & what were the Consequences? The King's Subjects were punished in one Government for what was deemed lawful & right in the other, & sacrificed by the disagreement of two independent Powers. To remedy these Mischiefs was the Royal Order made, & the several Governors are thereby specially required to prevent them. To You then ought the application to be made in the first Instance, and upon Notice I should not have failed to do the injured Parties justice as far as my Power extended. I may mistake, & shall with pleasure be convinced, but to me it appears clear that in point of jurisdiction in criminal matters the first and only resort on this side the Water ought to be to the several Governors, and to His Majesty in the last. "I send you Samuel England's Deposition, from whence I believe you will have reason, as I do, to doubt the truth of what Mitchell has deposed concerning Hay's turning him or any other out of possession. It may, perhaps, be objected that England is Interested in what he declares; the same may be said against Mitchell, who swore to avoid a contract that ought to bind him if he was not forcibly turn'd out. The very Papers signed by Joseph England, as sent me, is strong evidence that Mitchell gave up his possession by Contract, & was not removed by force. I will but mention it, be pleas'd to enquire into the Characters of England & Mitchell, & you'll easily determine to whom Credit ought to be given. "You'll pardon me, I can't easily comprehend what you mean by requiring my assistance in bringing Samuel England to Justice in your Province, when you say he was applying to some of your Officers for a Lease. He was then in your Power if you had thought proper to exercise it, & I suppose, as you represent the Case, may be always so at your pleasure. "Your Agent, if unrestrained by you, may Grant what Leases he pleases; but as Samuel England's Father, from whom he derives his Title, was a Tenant in possession under our Proprietors at the time of the Royal Order, I am apprehensive such Leases will be a manifest violation of the third Article; And we shall think our selves well warranted in exacting obedience to our Laws from him & all other Persons that reside on the Land notwithstanding. "I shall upon all occasions inviolably observe the King's Orders. Nothing can be more agreable to our Proprietaries or pleasing to me, especially as it will be a means of preserving a good understanding & harmony between us, which I think a matter of the greatest Importance to, "Sir, Your most obedient humble Servant, "Philada., May 15th, 1749." And the Papers were order'd to be number'd & Laid up carefully in the Secretarie's Office. The Council resum'd the Consideration of the new Commissions of the Peace, & agreed to appoint the following Persons Justices for Chester County, viz.: Caleb Cowpland, Elisha Gatchil, William Moore, Joseph Pennock, Joseph Brinton, William Pymm, Joseph Bonsell, John Mather, Charles Grant, Samuel Flower, Thomas Cummings, Thomas Worth, Aaron Ashbridge, John Churchman, John Miller, Richard Richison, Isaac Davis, John Scot, William Read, & the Chief Burgess of the Borough of Chester for the time being. At a Council held at Philadelphia, Friday, 30th June, 1749. PRESENT: The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov The Minutes of the preceding Council were read & approv'd. The Governor laid before the Board a Letter with some Papers from Governor Clinton receiv'd this morning by express, purporting that two New England Men in their return from Canada, where they had been to solicit the Release of some Prisoners, reported that they saw an Army of One thousand French ready to go on some Expedition, & that they were inform'd it was to prevent any Settlements being made by the English on Belle Riviere, i. e. Ohio, whereupon it was determined to dispatch a Messenger to Mr. George Croghan, with a Request that he wou'd go immediately to Allegheny, & on his arrival send away a Trader or some Person he cou'd confide in to the Lakes, or to the Eastward, to discover whether any French were coming into those parts, & if any in what numbers & what appearance they made, that the Indians might be appriz'd & put upon their Guard. The Council resum'd the Consideration of the new Commissions of the Peace, & agreed to appoint the following Persons Justices for Philadelphia County, viz. : Thomas Lawrence, Samuel Hasell, Abraham Taylor, Robert Strettell, Benjamin Shoemaker, Joseph Turner, Thomas Hopkinson, William Logan, the Mayor of the City of Philadelphia for the time being, the Recorder of the City of Philada. for the time being, William Allen, Jonathan Robinson, Owen Evan, Joshua Maddox, Septimus Robinson, Edward Shippen, Charles Willing, Thomas Venables, Nicholas Ashton, Thomas Fletcher, Samuel Morris, of White Marsh, Thomas York, Francis Parvin, John Potts, Anthony Lee, William Coleman, Benjamin Franklyn, John Smith, & Rowland Evans. And the following Justices for Bucks County, viz. : Abraham Chapman, Matthew Hughes, Simon Butler, Enion Williams, Richard Mitchel, Mark Watson, John Abraham De Normandy, Robert Ellis, Alexander Graydon, Henry Antes, Thomas Owen, Thomas Craig, Daniel Broadhead, Mahlon Kirkbride, Langhorn Biles, Thomas Janney, Benjamin Griffith, Richard Walker, & the Chief Burgess of the Borough of Bristol for the time being. At a Council held at Philadelphia, in the Supreame Court, July 1st, 1749. PRESENT: The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov Three Senecas, two Onontagos, some Tutatos & others, Nantycokes and Conoys. Ogashtash, Assuchquay, Speakers. Conrad Weiser, Esqr., Interpreter. Some Deputies of the Seneca Nation having arrived in Town on Thursday, & letting the Governor know that they had some Business to transact with the Government, His Honour appointed this Day to hear them, and on the Indians taking their Seats the Interpreter was order'd to tell them that the Governor was ready to hear what they had to say, on which Ogaushtosh stood up & spoke as follows: "Brethren, the Governor & Council & all the Inhabitants of Pennsylvania "We believe the Visit is unexpected, & therefore think proper to tell you the reason why we came. Early in the Spring a Council was held at Ouontago by our Nations, in which sundry Affairs were taken into Consideration, and amongst others an answer to a proposal made by the former Governor of Pennsylvania concerning a Peace made between us & the Catawbas; it was likewise said that a new Governor was arriv'd at Philadelphia, & that it would be proper to shake Hands with him, & this wou'd furnish an opportunity of settling some affairs which, if not set to right at the beginning, might occasion differences; it was, therefore, unanimously determin'd to send Deputies to Philadelphia to congratulate the new Governor on his arrival, & to transact with him what other Business we had to do with the Province. The Deputies were appointed, & engaged to meet at a certain place on the River Sasquehanna. We, the Deputies of the Seneca Nation, accordingly came to Wyomen, the Place appointed, & staid there a whole Month, but no Deputies coming, nor hearing no Tydings of them, we concluded something extraordinary had happened, & then deliberated with ourselves what to do, whether we shou'd return or proceed to Philadelphia; the last was resolv'd on, for the reasons which we shall give by & by; & in token of the truth of what we say concerning the occasion of our coming here we give you this "String of Wampum. "Brethren: "One of the most considerable Points which induced the Council to send Deputies at this time was, that they heard the white People had begun to settle on their side the Blue Mountains, & we, the Deputies of the Senecas, staying so long at Wyomen had an opportunity of enquiring into the truth of this Information, and to our Surprize found the Story confirm'd, with this addition, that even this Spring, since the Governor's Arrival, numbers of Families were beginning to make Settlements. As our Boundaries are so well known, & so remarkably distinguish'd by a range of high Mountains, we could not suppose this could be done by mistake, but that either it must be done wickedly by bad People, without the knowledge of the Government, or that the new Governor had brought some Instructions from the King or Proprietors relating to this Affair; we, therefore, thought it was become necessary to proceed & to make our Complaints, to hear what the Governments had to say on an Affair whereby we are likely to be very much hurt. The Governor will be pleased to tell us whether he has brought any Orders from the King or the Proprietaries for these People to settle on our Lands, and if not, we earnestly pray that they may be made to remove instantly with all their Effects, to prevent the sad Consequences which will otherwise ensue; & to enforce this Request we present you with this "Belt of Wampum. |