Accordingly on the 23dofAugust, HisExcellencybeing present; the Gentlemen of the Council; the Commissioners fromBoston; the Commissioners forIndianAffairs; the Corporation ofAlbany; and many Gentlemen, as at the Time when his Excellency's Speech was delivered,
Accordingly on the 23dofAugust, HisExcellencybeing present; the Gentlemen of the Council; the Commissioners fromBoston; the Commissioners forIndianAffairs; the Corporation ofAlbany; and many Gentlemen, as at the Time when his Excellency's Speech was delivered,
AnOnondagaSachem, who had formerly been Speaker for theSix Nationson several publick Occasions, rose up and spoke: What he said was publickly interpreted, in the Hearing of several who understood theIndianLanguage well, as follows:
Brethren ofNew-York, and of theMassachusets-Bay,We theSix Nationsare now assembled together as one Man, and we take in theMessesaguesfor 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 ofNew-York;Last Year you gave us the Hatchet to be made Use of against your Enemies, theFrench,which we accepted and promised to make use of it if they should commit any farther Hostilities upon theEnglish,which they have now done by destroyingSaraghtoga,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 theFrench,and their Children, (meaning theirIndians.)[N. B. The Question was asked them by his Excellency, Whether by the Wordstheir Children, they meant all theIndiansin Alliance with theFrench? 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 theIndianCustom 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 theFrenchand their Allies, and their Zeal for theEnglish.] [Gave a Belt.]Brother ofNew-York; According to your Exhortation in your Speech to us, we are firmly united together from this Time, to act as having one Heart; theMessesaguesare 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 ofCape-Breton; and added,We hope that our Fleet and Army will be also victorious in the present Expedition againstCanada;for theFrenchare a mischievous People.] [Gave a Belt.]As to your Suspicions of our admittingFrenchPriests 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 theFrench,thro' the Means of their Priests, and which you now seasonably have brought to our Remembrance, makes our Blood to boil.Brother ofNew-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, asa 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 theMessesagues,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 theFrench,and theirIndians;and we hope you, and the Commissioners fromBoston,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.]
Brethren ofNew-York, and of theMassachusets-Bay,
We theSix Nationsare now assembled together as one Man, and we take in theMessesaguesfor 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 ofNew-York;Last Year you gave us the Hatchet to be made Use of against your Enemies, theFrench,which we accepted and promised to make use of it if they should commit any farther Hostilities upon theEnglish,which they have now done by destroyingSaraghtoga,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 theFrench,and their Children, (meaning theirIndians.)
[N. B. The Question was asked them by his Excellency, Whether by the Wordstheir Children, they meant all theIndiansin Alliance with theFrench? 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 theIndianCustom 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 theFrenchand their Allies, and their Zeal for theEnglish.] [Gave a Belt.]
[N. B. The Question was asked them by his Excellency, Whether by the Wordstheir Children, they meant all theIndiansin Alliance with theFrench? 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 theIndianCustom 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 theFrenchand their Allies, and their Zeal for theEnglish.] [Gave a Belt.]
Brother ofNew-York; According to your Exhortation in your Speech to us, we are firmly united together from this Time, to act as having one Heart; theMessesaguesare 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 ofCape-Breton; and added,We hope that our Fleet and Army will be also victorious in the present Expedition againstCanada;for theFrenchare a mischievous People.] [Gave a Belt.]
[They repeated over his Excellency's Speech in Relation to the Conquest ofCape-Breton; and added,We hope that our Fleet and Army will be also victorious in the present Expedition againstCanada;for theFrenchare a mischievous People.] [Gave a Belt.]
As to your Suspicions of our admittingFrenchPriests 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 theFrench,thro' the Means of their Priests, and which you now seasonably have brought to our Remembrance, makes our Blood to boil.
Brother ofNew-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, asa 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 theMessesagues,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 theFrench,and theirIndians;and we hope you, and the Commissioners fromBoston,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.]
[Gave a Belt of Union, in which the Figures of several Persons join'd Hand in Hand, was wrought.]
The Person who interpreted, returned theYo-hahat 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 theIndiansjoined.
TheMessesaguesare a Nation ofIndians, living near the Place calledDe Troitby theFrench, and situate between LakeErieand theHuronLake.
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 ofVirginiahad on the same Occasion, sent them a Present. The Commissioners fromBostonat the same Time told them, that they had a Present from their Government; and as they were soon to return Home, desired theSix Nationsto come to their Lodgings to receive it; on which theIndiansdesired his Excellency to delay his Present to next Day, and they immediately went to receive their Presents from the Commissioners of theMassachusets-Bay.
The next Day, the Presents from the King being exposed on one Part, and those fromVirginiaseparately near them, it was agreed by the People ofAlbany, who had seen many publick Presents given to theSix Nationson 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 ofVirginia: But on this Occasion I cannot forbear taking Notice to you, that some of your People being atCanada, when the News of the Reduction ofCape-Bretoncame there, and when theFrenchexpected thatQuebecwould be immediately attacked in Consequence of it, several of them joined with theFrench, 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 theSix Nations; and, as we have received theMessesaguesinto 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."
"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 ofVirginia: But on this Occasion I cannot forbear taking Notice to you, that some of your People being atCanada, when the News of the Reduction ofCape-Bretoncame there, and when theFrenchexpected thatQuebecwould be immediately attacked in Consequence of it, several of them joined with theFrench, 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 theSix Nations; and, as we have received theMessesaguesinto 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 aMohawkSachem, the Sachem added of his own Head,You now see how you are here treated, really like Brethren; the Governor ofCanadadoes not treat hisIndiansso; 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 ofCanadashould seize all the Goods in that Country, it would not be in his Power to make such a Present.
TheOnondagaSachem, Speaker of theSix Nations, immediately replied,
Brethren ofNew-York, New-England, andVirginia;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 theFrench,and the Nations who adhere to them.Brethren ofNew-York, New-England, andVirginia,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.TheMohawksadded 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.
Brethren ofNew-York, New-England, andVirginia;
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 theFrench,and the Nations who adhere to them.
Brethren ofNew-York, New-England, andVirginia,
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.
TheMohawksadded 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 theMessesagueDeputies.
The next Day the War-Kettle was set over the Fire, and towards Evening theIndiansin 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. TheIndiansin 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 theMessesagueDeputies: 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 theEnglish, and their Aversion to theFrench; he said, 'That many of the Nations to the Westward of them, disliked theFrench;' and as an Instance of it, he told, 'That theFrenchlately having pressed a neighbouring Nation to take up the Hatchet against theEnglish, they received it; but made Use of it against theFrenchthemselves, and kill'd all theFrenchthen 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 theFrench; theMessesaguereceived 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 theFrench. 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 theFrench; in which,he said, he had great Hopes of Success, because they were dissatisfied with theFrench.'
His Excellency took all possible Care of the sickMessesague, 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 firstFrenchScalp 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 otherMessesagueDeputy likewise, who was taken ill in his Way Home, and died. TheSix Nationstook 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 theSix Nations, it may be proper next to relate the Treaty with theMehikanders, orRiver Indians,viz.The several Tribes ofIndiansliving at several Places on each Side ofHudson's River.
On his Excellency's Arrival atAlbany, having found that there had been a Neglect in sending for theEsopusandMinissink Indians, he sent Orders for them to be invited. TheMehikandersbeing conveened the 21st, his Excellency directed Mr.Coldento speak to them in his Name and Words; which Mr.Coldendid; the other Gentlemen of the Council, the Commissioners fromBoston, the Commissioners forIndianAffairs, and several other Gentlemen being present, in the Words following:
"Children,"Iam glad to meet you at this Time, as are likewise the Commissioners from theMassachusets-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 inAmerica, 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 theFrench, and theirIndians; who have in a very unmanly Manner, by sculking Parties, murdered in cold Blood, many of your Brethren in this and the Province of theMassachusets-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 ofCanada, 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 fromGreat-Britain, are resolved to unite their Force, and to attackCanadain 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 theSix 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.]
"Children,
"Iam glad to meet you at this Time, as are likewise the Commissioners from theMassachusets-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 inAmerica, 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 theFrench, and theirIndians; who have in a very unmanly Manner, by sculking Parties, murdered in cold Blood, many of your Brethren in this and the Province of theMassachusets-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 ofCanada, 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 fromGreat-Britain, are resolved to unite their Force, and to attackCanadain 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 theSix 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 theFrenchhave 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 theFrench,and theirIndians. [Gave a Belt with a Hatchet.]
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 theFrenchhave 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 theFrench,and theirIndians. [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 underFrenchInfluence.
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 hundredIndianswas a great Expence to his Excellency, for which he had no Allowance from the Province ofNew-York, or for any other Charge attending this Treaty: And as many of theIndians, (above twenty) had got the Small-pox, it being impracticable to prevent their going into Town, or conversing with the Town's People, and theIndiansbecoming 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 fromSchenectade, or his own Settlement near the lowerMohawkCastle, to harrass theFrenchSettlements inCanada; 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 toSchenectade.
On the 26th ofSeptember, the CaptainsStaatsandVromen, brought theIndiansliving on the Branches of theSusquehannahRiver; they came in theIndianOrder, 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.
OnMondaythe 8th of the same Month his Excellency spoke to them, telling them the Substance of what he had ordered to be said to theSix 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 theSusquehannahRiver and its Branches, are known to be Dependents on theSix Nations.
The next Day they gave their Answer; the Gentlemen of the Council, the Commissioners forIndianAffairs, the Corporation ofAlbany, 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 theIndians: Their Answer was publickly interpreted as follows;
Brother ofNew-York,We live atOhguago;what News you send to theSix Nationsis not truly reported to us, nor what the Governor ofCanadasends to them; we have not been properly taken Notice of, nor timely acquainted with your Design to treat with theSix 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 theSix Nations,and their Answer; we are grieved that theSix Nationshave 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 theFrench,to revenge the Injuries done to you and your People, our Brethren.We have received at Times very different Kind of News from theSix Nations,sometimes it seemed as if theFrenchwould 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 toCanada,we want to see the Hatchet, that we may take it up.
Brother ofNew-York,
We live atOhguago;what News you send to theSix Nationsis not truly reported to us, nor what the Governor ofCanadasends to them; we have not been properly taken Notice of, nor timely acquainted with your Design to treat with theSix 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 theSix Nations,and their Answer; we are grieved that theSix Nationshave 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 theFrench,to revenge the Injuries done to you and your People, our Brethren.
We have received at Times very different Kind of News from theSix Nations,sometimes it seemed as if theFrenchwould 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 toCanada,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 theIndianSettlements, to invite them into the War against theFrench, and theirIndians; and that he did not doubt to be able to bring six hundred Men from theIndianSettlements on theSusquehannahRiver and its Branches, to march at any Time, and to any Place, his Excellency should appoint, in order to join the Forces intended againstCanada; 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 theFrenchsculkingIndians.
About this Time, a Serjeant of Capt.Livingston's Company was surprized and killed by a sculking Party ofFrench 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'sTent, fourteen of theSusquehannah Indianswere observed running past the Tent, in order to cross the River, and meet theFrench 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 theIndians? Two Men offered themselves, who went with one who understood theIndianLanguage, in order to prevent Mistakes. Happy it was that this Precaution was taken; for Capt.Fanningwith a great Part of his Company, having gone out with the same Intention of intercepting theFrench Indians, he discovered this Party of ourIndians, and taking them to beFrench Indians, he kept his Men under the Cover of some Bushes, with their Arms ready to fire, expecting the nearer Approach of theIndians; when one of the Christians who were with them, observing Capt.Fanning's Men, called out, and came up to Capt.Fanningwhen 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 theseIndians, and cloathed them for that Purpose, together with about sixty Men detached from the Companies levied in the County ofAlbany, 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 theIndiansfell 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 theIndianswere 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 ofIndiansthat came at this Time from theSusquehannahRiver, consisted only of about sixty fighting Men, besides old Men, Women, and Children: More had come near toAlbany, but having there heard of the Small-pox and Sickness that was atAlbany, and that many of theSix Nationshad catched the Infection, and several of them were dead, they returned back.
After theSix NationsleftAlbany, many of them were taken sick on their Way Home, before they reached theMohawkCastles, and a considerable Number of the briskest young Men of theMohawksdied. This retarded the Execution of the Order given to Mr.Johnson, to send out Parties to harrass theFrenchSettlements inCanada, 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 theCanajoharyCastle, 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 leftAlbany, a Party of upwards of seventy Men, consisting of some of each Nation, went againstCanada: Some Christians were of the Party to assist and direct, and to be Witnesses of the behaviour of theIndians. They were to avoid all the Lakes, and the usual Roads and Passes toCanada, 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 theIndianswere obliged to return to carry him Home. Another small Party was sent out to take Prisoners, and gain Intelligence atCrown-Point. At the writing of this, it is not known what Success they have had.
When theSix Nationshad come as far as the lowerMohawkCastle, in their return Home, they were met by about six Men of their own Nations, who delivered a Message fromCanada, which had been brought by theIndianwho was taken by theFrenchatCrown Point, and carried toCanada. The Message was interpreted in the following Words: "The Governor ofCanadahad called theCahnuaga Indiansto him, and then complained to them, that some of theSix 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 theSix 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 theSix Nations, that I love and esteem them equally with theCahnuagas, orShawendadies[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 atCrown Point, without eating his Flesh. And nowCahnuagas, my Children, I would not have you spill any more Blood fromAlbanyupwards, for I begin to pity their Weakness; but turn your Arms towardsNew-England, against your most inveterate Enemies, there is the Place for you to gain Honour now."
TheCahnuagasgave the following Answer to the Governor ofCanada: Father,You are in the wrong, to desire us to go among theSix Nationsfor 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 ofCanada, they sent the following Message from themselves.
Brethren of the Six Nations, "We hear the Governor ofNew-Yorkhas 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 toCadarackui[14], where our Fire always burns.
"Brethren, We shall be glad to see you next Spring atCahnuaga, 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 againstCanada, desires us to tell you, that he hasone thousand eight hundredMen atCrown Point, ready to give them Battle; in which Number, the Men of eight Castles of theUtawawasare included.
"Brethren, Be not angry at our destroyingSaraghtogalast Fall; Col.Schuylerdar'd us to it, by saying he wished to see aFrenchArmy there: We gratified him in his Wish."
ACahnuaga Indianwas sent along with the Prisoner that was restored; but when he came near the Settlements of theSix Nations, his Heart fail'd him, and he sent the Prisoner forward by himself with the Message.
The Readiness with which theSix Nationscommunicated 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 ofOctober, that several Parties are now out against theFrench; and that Mr.Johnsonhaving received Orders from Col.Roberts, to send as manyIndiansas possible to join the Army, all theMohawks, 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.Robertsafterwards 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 inPensylvaniaarrived atAlbany, his Excellency was informed by their Captains, that Mr.ThomasGovernor of that Province, had sentConrad Weisertheir publick Interpreter, among theSusquehannah Indians; and that they expected his Arrival at this Place in a little Time, with at least three hundredIndians. The Treaties with theIndians, which Mr.Thomashas published, gave great Hopes of the Success that Interpreter would have; and thereby increased the Disappointment, when Mr.Weiserarrived a few Days before his Excellency leftAlbany, and did not bring oneIndianwith him.
His Excellency GovernorClinton, had perhaps more Difficulties to struggle with on this Occasion, than any Governor ofNew-Yorkhad at any Time: TheSix Nationshad on several Occasions given Grounds of Mistrust; the Governor ofCanadawas attempting all the Means in his Power to divert their Affections from us; the People of the County ofAlbanyhad for some Time past, entertained a Dissatisfaction in the Conduct of the Commissioners forIndianAffairs; 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 theIndians; Mr.Goochhaving declined the Command of the Forces atAlbany, his Excellency was forced likewise to undertake a new and great Care, which he in no Manner expected when he left the City ofNew 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 ofAlbany, 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 NorthAmerica, were immediately concerned.
But as every one may not be sufficiently apprized of what Consequence theSix Nationsbeing hearty, is to the Interest ofGreat-Britain, it may be proper to observe, That though a Number ofIndiansto march with the Army, which was intended to attackCanada, would be of great Use in discovering and defeating the Ambushes of the Enemy'sIndians, 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 theSix Nationsat this Time, or any Time of War; for if the inland Extent of the Colonies fromNova ScotiatoGeorgiabe considered, and at the same Time the numerousIndianNations on the Continent ofAmerica, who may by the Artifices of theFrenchbe induced to make Incursions every where; and the cruel Methods by which theIndiansmake 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 theEnglishColonies be of much superior Force in Numbers of Men, yet their Number would not be sufficient to protect their Frontiers from the Incursions of theIndiansin 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 theFrenchinCanada, to invade with Success any Part of theEnglishColonies. 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 theIndians, it would in all Appearance be sufficient to reduceCanada; for if theIndianNations can be persuaded to join heartily, (as from what is above related it seems probable they may) it will be impossible for the Inhabitants ofCanadato defend themselves from the Incursions of these numerousIndianNations, and from a Body of regular Troops at the same Time. As theFrenchare very sensible of these Advantages to be gain'd from the Friendship of theIndianNations, 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 theIndiansmay 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 theEnglishColonies by any Means be assured, that theFrenchwill 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 byIndiansbeing engaged on both Sides. TheSix Nationsare 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 theIndianNations in NorthAmerica, gives them an Influence in the Councils of every Nation. It may then be easy for theFrenchto turn this Disposition to War in theSix Nations, against us, and by their Influence draw all theIndianNations in NorthAmericaupon us. The Genius of theSix Nationswill 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 ofIndians) 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 seventyIndiansand 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 thirtyIndiansand ten Whites went by themselves. These fell upon aFrenchSettlement on the North-side ofSt. LawrenceRiver, about 10 Leagues aboveMontreal, and brought away eightFrenchPrisoners, one of them a Captain of Militia, and four Scalps. Another Party of nineIndianswent to theCahnuagas, under Pretence of continuing the Neutrality with them, they were introduced to the Governor ofMontrealunder 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 ofMontreal, and others from considerable Persons to the Commandant of FortSt. FredericatCrown Point. In their Way thither, by which they were to return Home, they surprized someFrenchin a small Fort, killed five, and brought away one Prisoner and one Scalp. They brought theFrenchPrisoner and the Letters to the commanding Officer atAlbany, and informed him of what they had seen and heard atMontreal.
I. TheROYAL CHARTERtoWILLIAM PENN, Esq;II. The firstFRAMEof Government, granted inEngland, in 1682.III.LAWSagreed upon inEngland.IV. CertainCONDITIONSorCONCESSIONS.V. TheACTofSETTLEMENT, made atChester, 1682.VI. The secondFRAMEof Government, granted 1683.VII. TheCHARTERof theCITYofPHILADELPHIA, grantedOctober25, 1701.VIII. The NewCHARTERofPRIVILEGESto the Province, grantedOctober28, 1701.
I. TheROYAL CHARTERtoWILLIAM PENN, Esq;
II. The firstFRAMEof Government, granted inEngland, in 1682.
III.LAWSagreed upon inEngland.
IV. CertainCONDITIONSorCONCESSIONS.
V. TheACTofSETTLEMENT, made atChester, 1682.
VI. The secondFRAMEof Government, granted 1683.
VII. TheCHARTERof theCITYofPHILADELPHIA, grantedOctober25, 1701.
VIII. The NewCHARTERofPRIVILEGESto the Province, grantedOctober28, 1701.
CHARLES, by the Grace ofGOD, King ofEngland, Scotland, France, andIreland, Defender of the Faith, &c. To all to whom these Presents shall come,Greeting.WHEREASour trusty and well-beloved SubjectWilliam Penn, Esq; Son and Heir of SirWilliam Penndeceased, (out of a commendable Desire to enlarge ourEnglishEmpire, 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 ofAmerica, 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.
KNOW YE THEREFORE, That we (favouring the Petition and good Purpose of the saidWilliam 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 BrotherJAMESDuke ofYork, in that signal Battle and Victory fought and obtained against theDutchFleet, commanded by the HeerVan 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 saidWilliam Penn, his Heirs and Assigns, all that Tract or Part of Land inAmerica, with the Islands therein contained, as the same is bounded on the East byDelawarRiver, from twelve Miles Distance Northwards ofNewcastleTown 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 fromNewcastleNorthward, 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.
WEdo also give and grant unto the saidWilliam 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.
ANDhim, the saidWilliam 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 saidWilliam 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 saidWilliam Penn, his Heirs and Assigns, to the only proper Use and Behoof of the saidWilliam Penn, his Heirs and Assigns, for ever, to be holden of us, our Heirs and Successors, Kings ofEngland, as of our Castle ofWindsorin our County ofBerks, 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 ofWindsoron the first Day ofJanuaryin 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 itPENSYLVANIA, and so from henceforth will have it called.
ANDforasmuch as we have hereby made and ordained the aforesaidWilliam Penn, his Heirs and Assigns, the true and absolute Proprietaries of all the Lands and Dominions aforesaid,KNOW YE THEREFORE, That we (reposing special Trust and Confidence In the Fidelity, Wisdom, Justice, and provident Circumspection of the saidWilliam 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 saidWilliam Pennand 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.
ANDwe do likewise give and grant unto the saidWilliam 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 saidWilliam Pennor 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.PROVIDEDnevertheless, 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 ofEngland, 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.
ANDforasmuch 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 saidWilliam Pennand 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 ofEngland, 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 ofEngland, until the said Laws shall be altered by the saidWilliam Penn, his Heirs or Assigns, and by the Freemen of the said Province, their Delegates or Deputies, or the greater Part of them.
ANDto the End that the saidWilliam 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 ofEngland, 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;OURfarther 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 saidWilliam 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.
FURTHERMORE, 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 ofEnglandthey 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.
AND FURTHERMORE, that our Subjects may be the rather encouraged to undertake this Expedition with ready and chearful Minds,KNOW YE, That we, of our special Grace, certain Knowledge, and mere Motion, do give and grant by virtue of these Presents, as well unto the saidWilliam 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 ofEngland, 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.
ANDwe do further, for us, our Heirs and Successors, give and grant unto the saidWilliam 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.
WEwill also, and by these Presents, for us, our Heirs and Successors, we do give and grant Licence by this our Charter, unto the saidWilliam 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 ofEngland, 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 ofEngland, for the Time being, shall be bound to pay, and do observe the Acts of Navigation, and other Laws in that Behalf made.
AND FURTHERMORE, of our ample and special Grace, certain Knowledge, and mere Motion, we do, for us, our Heirs and Successors, grant unto the saidWilliam 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 saidWilliam Penn, his Heirs or Assigns, (any Use, Custom, or Thing to the contrary notwithstanding.) Provided, that the saidWilliam 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.
ANDwe do further appoint and ordain, and by these Presents, for us, our Heirs and Successors, we do grant unto the saidWilliam Penn, his Heirs and Assigns, That he, the saidWilliam 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.
ANDit is our farther Will and Pleasure, That the saidWilliam Penn, his Heirs and Assigns, shall from Time to Time constitute and appoint an Attorney or Agent, to reside in or near our City ofLondon, 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 atWestminster, to answer for any Misdemeanor that shall be committed, or by any wilful Default or Neglect permitted by the saidWilliam 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 saidWilliam 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 inEnglandare 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.
PROVIDEDalways, and our Will and Pleasure is, That neither the saidWilliam 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 saidWilliam 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.
AND, 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 saidWilliam 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 ofPensilvaniafor 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.
AND FURTHERMORE, 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 saidWilliam Penn, his Heirs and Assigns, full and absolute Power, Licence and Authority, that he, the saidWilliam 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 saidWilliam Penn, his Heirs or Assigns, as of the said Seigniory ofWindsor, by such Services, Customs, or Rents, as shall seem meet to the saidWilliam Penn, his Heirs or Assigns, and not immediately of us, our Heirs or Successors.
ANDto 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 aforesaidWilliam 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 saidWilliam Penn, his Heirs or Assigns, shall seem expedient: The Statute made in the Parliament ofEDWARD, Son of KingHENRY, late King ofEngland, our Predecessor, (commonly calledThe Statutequia emptoresterrarum, lately published in our Kingdom ofEngland) in any wise notwithstanding.
ANDby these Presents we give and grant Licence unto the saidWilliam Penn, and his Heirs, and likewise to all and every such Person or Persons to whom the saidWilliam 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 saidWilliam 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.ANDwe 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.
AND FURTHERour Pleasure is, and by these Presents, for us, our Heirs and Successors, we do covenant and grant to and with the saidWilliam 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 inEngland.
ANDour 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 saidWilliam 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.
ANDour 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 ofLondonfor 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.
ANDif 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 saidWilliam 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 saidWilliam 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.IN WITNESSwhereof we have caused these our Letters to be made Patent: WitnessOUR SELF, atWestminster, theFourthDay ofMarch, in thethree and thirtiethYear of our Reign.Annoque Domini One Thousand Six Hundred and Eighty-one.