Part 14
About ten Days before his Excellency left _Albany_, a Party of upwards of seventy Men, consisting of some of each Nation, went against _Canada_: Some Christians were of the Party to assist and direct, and to be Witnesses of the behaviour of the _Indians_. They were to avoid all the Lakes, and the usual Roads and Passes to _Canada_, 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 the _Indians_ were obliged to return to carry him Home. Another small Party was sent out to take Prisoners, and gain Intelligence at _Crown-Point_. At the writing of this, it is not known what Success they have had.
When the _Six Nations_ had come as far as the lower _Mohawk_ Castle, in their return Home, they were met by about six Men of their own Nations, who delivered a Message from _Canada_, which had been brought by the _Indian_ who was taken by the _French_ at _Crown Point_, and carried to _Canada_. The Message was interpreted in the following Words: "The Governor of _Canada_ had called the _Cahnuaga Indians_ to him, and then complained to them, that some of the _Six 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 the _Six 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 the _Six Nations_, that I love and esteem them equally with the _Cahnuagas_, or _Shawendadies_[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 at _Crown Point_, without eating his Flesh. And now _Cahnuagas_, my Children, I would not have you spill any more Blood from _Albany_ upwards, for I begin to pity their Weakness; but turn your Arms towards _New-England_, against your most inveterate Enemies, there is the Place for you to gain Honour now."
The _Cahnuagas_ gave the following Answer to the Governor of _Canada_: Father, _You are in the wrong, to desire us to go among the_ Six Nations _for 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 of _Canada_, they sent the following Message from themselves.
_Brethren of the Six Nations_, "We hear the Governor of _New-York_ has 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 to _Cadarackui_[14], where our Fire always burns.
"_Brethren_, We shall be glad to see you next Spring at _Cahnuaga_, 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 against _Canada_, desires us to tell you, that he has _one thousand eight hundred_ Men at _Crown Point_, ready to give them Battle; in which Number, the Men of eight Castles of the _Utawawas_ are included.
"_Brethren_, Be not angry at our destroying _Saraghtoga_ last Fall; Col. _Schuyler_ dar'd us to it, by saying he wished to see a _French_ Army there: We gratified him in his Wish."
A _Cahnuaga Indian_ was sent along with the Prisoner that was restored; but when he came near the Settlements of the _Six Nations_, his Heart fail'd him, and he sent the Prisoner forward by himself with the Message.
The Readiness with which the _Six Nations_ communicated 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 of _October_, that several Parties are now out against the _French_; and that Mr. _Johnson_ having received Orders from Col. _Roberts_, to send as many _Indians_ as possible to join the Army, all the _Mohawks_, 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. _Roberts_ afterwards 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 in _Pensylvania_ arrived at _Albany_, his Excellency was informed by their Captains, that Mr. _Thomas_ Governor of that Province, had sent _Conrad Weiser_ their publick Interpreter, among the _Susquehannah Indians_; and that they expected his Arrival at this Place in a little Time, with at least three hundred _Indians_. The Treaties with the _Indians_, which Mr. _Thomas_ has published, gave great Hopes of the Success that Interpreter would have; and thereby increased the Disappointment, when Mr. _Weiser_ arrived a few Days before his Excellency left _Albany_, and did not bring one _Indian_ with him.
His Excellency Governor _Clinton_, had perhaps more Difficulties to struggle with on this Occasion, than any Governor of _New-York_ had at any Time: The _Six Nations_ had on several Occasions given Grounds of Mistrust; the Governor of _Canada_ was attempting all the Means in his Power to divert their Affections from us; the People of the County of _Albany_ had for some Time past, entertained a Dissatisfaction in the Conduct of the Commissioners for _Indian_ Affairs; 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 the _Indians_; Mr. _Gooch_ having declined the Command of the Forces at _Albany_, his Excellency was forced likewise to undertake a new and great Care, which he in no Manner expected when he left the City of _New 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 of _Albany_, 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 North _America_, were immediately concerned.
But as every one may not be sufficiently apprized of what Consequence the _Six Nations_ being hearty, is to the Interest of _Great-Britain_, it may be proper to observe, That though a Number of _Indians_ to march with the Army, which was intended to attack _Canada_, would be of great Use in discovering and defeating the Ambushes of the Enemy's _Indians_, 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 the _Six Nations_ at this Time, or any Time of War; for if the inland Extent of the Colonies from _Nova Scotia_ to _Georgia_ be considered, and at the same Time the numerous _Indian_ Nations on the Continent of _America_, who may by the Artifices of the _French_ be induced to make Incursions every where; and the cruel Methods by which the _Indians_ make 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 the _English_ Colonies be of much superior Force in Numbers of Men, yet their Number would not be sufficient to protect their Frontiers from the Incursions of the _Indians_ in 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 the _French_ in _Canada_, to invade with Success any Part of the _English_ Colonies. 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 the _Indians_, it would in all Appearance be sufficient to reduce _Canada_; for if the _Indian_ Nations can be persuaded to join heartily, (as from what is above related it seems probable they may) it will be impossible for the Inhabitants of _Canada_ to defend themselves from the Incursions of these numerous _Indian_ Nations, and from a Body of regular Troops at the same Time. As the _French_ are very sensible of these Advantages to be gain'd from the Friendship of the _Indian_ Nations, 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 the _Indians_ may 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 the _English_ Colonies by any Means be assured, that the _French_ will 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 by _Indians_ being engaged on both Sides. The _Six Nations_ are 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 the _Indian_ Nations in North _America_, gives them an Influence in the Councils of every Nation. It may then be easy for the _French_ to turn this Disposition to War in the _Six Nations_, against us, and by their Influence draw all the _Indian_ Nations in North _America_ upon us. The Genius of the _Six Nations_ will 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 of _Indians_) 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 seventy _Indians_ and 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 thirty _Indians_ and ten Whites went by themselves. These fell upon a _French_ Settlement on the North-side of _St. Lawrence_ River, about 10 Leagues above _Montreal_, and brought away eight _French_ Prisoners, one of them a Captain of Militia, and four Scalps. Another Party of nine _Indians_ went to the _Cahnuagas_, under Pretence of continuing the Neutrality with them, they were introduced to the Governor of _Montreal_ under 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 of _Montreal_, and others from considerable Persons to the Commandant of Fort _St. Frederic_ at _Crown Point_. In their Way thither, by which they were to return Home, they surprized some _French_ in a small Fort, killed five, and brought away one Prisoner and one Scalp. They brought the _French_ Prisoner and the Letters to the commanding Officer at _Albany_, and informed him of what they had seen and heard at _Montreal_.
[Footnote 12: The governor of _Canada_ calls the _Six Nations_ (and all the _Indian_ Nations depending on him) _Children_, as the Governor of _New-York_ calls them _Brethren_.]
[Footnote 13: Another Settlement of Deserters from the _Six Nations_, and dwelling near _Montreal_.]
[Footnote 14: A _French_ Fort opposite to _Oswego_, and the East End of _Cadarackui_ Lake, or Lake _Frontenac_.]
A
C O L L E C T I O N
O F
C H A R T E R S
A N D O T H E R P U B L I C K A C T S,
R E L A T I N G T O T H E
Province of _PENSYLVANIA_,
_V I Z_.
I. The R O Y A L C H A R T E R to _W I L L I A M P E N N_, Esq;
II. The first F R A M E of Government, granted in _England_, in 1682.
III. L A W S agreed upon in _England_.
IV. Certain C O N D I T I O N S or C O N C E S S I O N S.
V. The A C T of S E T T L E M E N T, made at _Chester_, 1682.
VI. The second F R A M E of Government, granted 1683.
VII. The C H A R T E R of the C I T Y of _P H I L A D E L P H I A_, granted _October_ 25, 1701.
VIII. The New C H A R T E R of P R I V I L E G E S to the Province, granted _October_ 28, 1701.
_The_ C H A R T E R of Charles II. _of_ England, Scotland, France, _and_ Ireland, K i n g, _Defender of the Faith_, &c.
_Unto_ William Penn, _Proprietary and Governor of the Province of_ Pensylvania.
_CHARLES_, by the Grace of G O D, King of _England, Scotland, France_, and _Ireland_, Defender of the Faith, &c. To all to whom these Presents shall come, _Greeting_. W H E R E A S our trusty and well-beloved Subject _William Penn_, Esq; Son and Heir of Sir _William Penn_ deceased, (out of a commendable Desire to enlarge our _English_ Empire, 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 of _America_, 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.
S E C T. I.
K N O W Y E T H E R E F O R E, That we (favouring the Petition and good Purpose of the said _William 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 Brother _J A M E S_ Duke of _York_, in that signal Battle and Victory fought and obtained against the _Dutch_ Fleet, commanded by the Heer _Van 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 said _William Penn_, his Heirs and Assigns, all that Tract or Part of Land in _America_, with the Islands therein contained, as the same is bounded on the East by _Delawar_ River, from twelve Miles Distance Northwards of _Newcastle_ Town 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 from _Newcastle_ Northward, 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.
S E C T. II.
W E do also give and grant unto the said _William 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.
S E C T. III.
A N D him, the said _William 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 said _William 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 said _William Penn_, his Heirs and Assigns, to the only proper Use and Behoof of the said _William Penn_, his Heirs and Assigns, for ever, to be holden of us, our Heirs and Successors, Kings of _England_, as of our Castle of _Windsor_ in our County of _Berks_, 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 of _Windsor_ on the first Day of _January_ in 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 it P E N S Y L V A N I A, and so from henceforth will have it called.
S E C T. IV.
A N D forasmuch as we have hereby made and ordained the aforesaid _William Penn_, his Heirs and Assigns, the true and absolute Proprietaries of all the Lands and Dominions aforesaid, K N O W Y E T H E R E F O R E, That we (reposing special Trust and Confidence In the Fidelity, Wisdom, Justice, and provident Circumspection of the said _William 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 said _William Penn_ and 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.
S E C T. V.
A N D we do likewise give and grant unto the said _William 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 said _William Penn_ or 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. P R O V I D E D nevertheless, 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 of _England_, 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.
S E C T. VI.