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can exist previous to a Supposition of the Thing objected to. Your Honour will please to reflect that your Construction, which these Objections relate to, was as new and strange as it is unjust and unequal, and so glaringly unjust and unequal, that you was yourself unwilling to own it, and could not, till after three Messages, urging an Explanation from you, prevail with yourself openly to avow it.

"You are pleased to add, as to the Equity and Justice of the Decree I should think I justly subjected myself to the Charge of offering the highest affront to, and flying in the Face of that Supreme and august Judicatory who pronounced it, were I to enter into any Arguments with you in Support of it." Will your Honour give us leave once more to put you in mind, that it is not the Equity and Justice of a Decree that we are disputing, but your unequal and unjust Construction of it, viz: that the best and most valuable of the Proprietaries Lands shall be taxed no higher than the worst of the People. Your total Inability of supporting this Construction by the least Colour of Argument, or Reason, is what you would fain conceal under that extravagant Pretence of Respect to the Judicatory who you say pronounced it. Could you by any Arguments have shewn the Equity and Justice of such a Taxation, we should not now have heard for the first time this extraordinary Position, that demonstrating the Equity and Justice of a Decree would be flying in the Face of Authority. Wise, learned and pious Men, have in all ages thought themselves well employed in convincing Mankind of the reasonableness, Equity and Justice of Laws, human and divine, and never once dreamt that by so doing they were offering "the highest affront to, and flying in the Face of the Supreme and august Judicatories who pronounced them."

"Your Honour charges us with bestowing much abuse on the Proprietaries; Stating plain public Facts, where necessary, we do not conceive to be abuse, though done in plain Terms; But the misrepresenting a loyal and dutiful People to their Sovereign, as the Proprietaries, to cloak their own Avarice, have done the people of this Province for many Years past is, in our Opinion, Abuse, though it were delivered in the politest Language; It was in this part of your Honour's Message that we expected that vindication of the Proprietaries which in the first Paragraph seemed to be proposed; But now you chuse to pass all over with a 'silent disregard,' reflecting probably on the Maxim you had before advanced, that Facts are Stubborn Things,' and despairing, it seems, by any 'Colouring' to 'disguise the truth.'

"Your Honour's resolution to discharge the Station you fill with Fidelity and Justice to the good people of this Province,' is highly laudable, but may we be permitted to ask a Question or two in our Turn: Is it consistent with Justice to the good People of this Province, to insist on taxing the best and most valuable of the Proprietarie's Lands no higher than the worst and least valuable of

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the Peoples' Lands in a common Tax, to be levied for the defence of the whole? And farther, when the Requisition was made to your Honour by the General of raising a number of Men for His Majesty's Service in your Province, were not the three Lower Counties understood to be included? Your Honour has since met and exchanged Compliments with the Assembly of those Counties, without making (as far as we have heard) the least Demand of them; Is it 'Justice to the good People of this Province,' to saddle them with all the Expence of defending that Government with all the Proprietary property contained in it, and not call upon it for the least Assistance, while we are and shall so long be loaded with the heavy debt the Wars have occasioned? The Troops raised here will perhaps all be marched to the Westward in His Majesty's Service; In which case, at least, we cannot but think it reasonable to have expected a Proportion of Forces from that Government, to assist in the Protection of our Frontier.

"Your Honour's Message concludes with recommending to us (as if we had hitherto neglected it) the raising Supplies for the King's Service, the Defence of the Frontiers, and discharge of the Publick Debt, Which obliges us to remark, that within a few Months we have sent up to your Honour three Bills for those Purposes, two of which have been rejected because they required a fair and equal Taxation of the Proprietary with other Estates, for their common Defence. And we may add, that in our Zeal for the Public Service, we have departed from the ancient forms of Parliamentary Proceeding, & waved very important Rights, which, under a more equitable Government we should not have been constrained to, and such a Government we now hope is not far distant, and that an End will thereby be put to these disagreeable and mischievous Proprietary contentions, and the People of this much injured Province restored to their Privileges, which they have long been deprived of; Proprietary Will and Pleasure, expressed in their Instructions, being now our only Law, which, through publick necessities and the distresses of War, we have been and are compelled to obey. "Signed by Order of the House.

"May 30th, 1764."

"BENJAMIN FRANKLIN, Speaker.

At a Council held at Philadelphia, on Friday, the Cth July, 1761.

PRESENT:

The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.

Thomas Cadwalader,

Richard Penn,

Esquires.

The Governor proposed to the Provincial Commissioners, at a Meeting of that Board, the 12 June, 1764, that in order to prose

cute the Indian War with the more vigour, and to spirit up the People to pursue and harrass the Savages in their own Country, it would be very necessary at this time to offer great rewards, by Proclamation, for all Indian Enemy Prisoners & Scalps that shall be taken within this Province, & further acquainted the Commissioners that he had, on the 9 June, wrote to Sir William Johnson, to desire his Opinion & Advice as to that Measure, and whether it would in any manner interfere with the Indian Affairs under his Direction.

Whereupon it was agreed by that Board that the several following Premiums be offered by Proclamation for the Prisoners and scalps of the Enemy Indians that shall be taken or killed within the Bounds of this Province, as limited by the Royal Charter, or in pursuit from within the said Bounds, viz:

For every Male Indian Enemy above ten Years old taken Prisoner ✔ and delivered to the Officer of any Fort garrisoned by the Troops in the pay of this Province, or to the keeper of the common Gaol of any County Town within this Government, One hundred and fifty spanish Dollars.

For every Female Indian Enemy, and for every Male Indian of 10 Years old and under, taken & delivered as aforesd.. 130 Spanish pieces of Eight.

For the Scalp of every Male Indian Enemy above the age of 10 Years produced as evidence of their being killed, 134 pieces of Eight.

And for the Scalp of every female Indian Enemy above the Age of 10 Years produced as Evidence as afores 50 pieces of Eight. And that there shall be paid to every Officer or Officers, Soldier or Soldiers, in the pay of this Province, one-half of the above rewards.

And that the Six Nations, or any other Indians in Amity with the Crown of Great Britain, be excepted out of the said Proclamation, But that before the said Proclamation be made publick, the advice and sentiments of Sir W. Johnson be had respecting this measure, & how far it may interfere with the Designs of his Majesty communicated to him on Indian Affairs.

The Governor having received an Answer to his Letter above mentioned from Sir William Johnson, approving of his design of giving rewards for Indian Scalps, laid the same before the Board, which was read and is as follows:

"Sir:

"BURNETS-FIELD, June 18th, 1764. .

"I have just received your favour of the 9th Inst., on my way to Niagara, which deprives me of the pleasure of writing to you as fully as I would.

"I am heartily sorry for the losses sustained about Fort Loudon, and on the Frontiers of Virginia, all which will, I hope, be shortly put a stop to. In the mean time, I cannot but approve of your

gratifying the desire of the people in your Province, by a bounty on Scalps, and I heartily wish success to the design, & to guard as much as in my power against the ill consequence of their killing any of the Friend Indians. I shall make them all acquainted therewith, & caution them by no means to appear on your Frontiers till affairs are settled.

"David Owens was a Corporal in Capt McClean's Comp and lay once in Garrison at my house. He deserted several times, as I am informed, & went to live among the Delawares & Shawanese, with whose Language he was acquainted, His Father having been long a Trader amongst them.

"The Circumstances relating to his leaving the Indians have been told me by several Indians. That he went out a hunting with his Indian Wife and several of her relations, most of whom, with his Wife, he killed and scalped as they slept. As he was always much attached to Indians, I fancy he began to fear he was unsafe amongst them, and killed them, rather to make his peace with the English, than from any dislike either to them or their Principles.

"I hope to be at Niagara within 10 or 12 days, when I shall do every thing in my power for obtaining an advantageous peace with the Indians, who desire it for the benefit of the Colonies. Tho' the slender efforts hitherto made use of, and our great backwardness, will increase the confidence of the Indians to such a Pitch as must in a little time occasion another Rupture, unless by friendship and favours we secure them in our Interest..

"I am with great esteem, Sir,

"Your most obedient humble Servant,
"WM. JOHNSON.

"The Honble. Lieuten Gov PENN."

In consequence thereof, a Draught of a Proclamation having been prepared, was read and considered and approved, and ordered to be got in readiness for the press to-Morrow, that a number of Copies may be printed off and distributed thro' the Province, and also published in the next Week's Gazette & Journal.

Saturday, 7th July.

The following Proclamation, approved in Council yesterday, was this day signed by the Governor, had the Great Seal affixed thereto, & was sent to the press, viz":

"By the Honourable JOHN PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware.

"A PROCLAMATION.

WHEREAS, the Delaware and Shawanese Tribes of Indians and others in Confederacy with them, have, without the least provoca

tion, and contrary to their late most solemn Treaties, ungratefully renewed War upon this Province, and in a most Savage, cruel, & perfidious manner, killed and butchered great numbers of the Inhabitants, burnt and destroyed their Habitations, and laid waste the Country; I have, therefore, thought fit, by and with the advice of the Council, to issue this Proclamation, and do hereby declare the said Delaware and Shawanese Indians, & all others, who, in Conjunction with them, have committed Hostilities against his Majesty's Subjects within this Province, to be Enemies, Rebels, and Traitors to his Most sacred Majesty; And I do hereby require all his Majesty's Subjects of this Province, and earnestly invite those of the neighbouring Provinces, to embrace all opportunities of pursuing, taking, killing, & destroying the said Delaware and Shawanese Indians, and all others concerned in committing Hostilities, Incursions, Murders, or Ravages, upon this Province; And Whereas, the Six united Nations of Indians, viz: The Mohickons, Oneidas, Onondagoes, Cayugas, Senecas, and Tuscaroras, have been, for the most part, in constant Amity with the Crown of Great Britain, and are now actually engaged with Sir William Johnson, his Majesty's Superintendant for Indian Affairs, in renewing and firmly establishing the peace and Friendship subsisting between them and the several Colonies; And Whereas, sundry of the Delaware, Nanticoke, & other Indians, professing a Regard and Friendship for all his Majesty's Subjects, have removed within the Inhabited parts of the Country, and put themselves under the protection of this Government, and now live in the Barracks of this City, under a Guard of his Majesty's regular Troops, I do, therefore, declare that the several Tribes of the Six united Nations, as well as those Indians so as aforesaid, living under the Protection of this Government, and all others who shall join & act with us in the prosecution of this just & necessary War, are expressly excepted and excluded out of this Declaration; And I do hereby, strictly forbid any of his Majesty's Subjects within this Province, to do them the least injury, or give them any molestation whatsoever, as they will answer the same at their Peril; And Whereas, it is necessary for the better carrying on Offensive Operations against our Indian Enemies, and bringing the unhappy war with them to a speedy issue, that the greatest Encouragements should be given to all his Majesty's Subjects to exert and use their utmost Endeavours to pursue, attack, take, and destroy our said Enemy Indians, I do hereby declare and promise, that there shall be paid out of the Monies lately granted for his Majesty's use, to all and every Person and persons not in the pay of this Province, the following several and respective premiums and Bounties for the prisoners and Scalps of the Enemy Indians that shall be taken or killed within the Bounds of this Province, as limited by the Royal Charter, or in pursuit from within the said Bounds, that is to say: For every Male Indian Enemy above ten Years old, who shall be taken Prisoner,

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