At a Council held at Philadelphia on Thursday 28 Jan 1768.

PRESENT:

The Honourable JOHN PENN, Esquire, Lieutenant Governor,

Benjamin Chew, Esquires.
James Tilghman, S

The Governor laid before the Board a Message from the Assembly, which he received yesterday, with the Bill for removing the People settled on the Indian Lands. The said Message was read, and is as follows, viz":

A Message to the Governor from the Assembly.

"May it please your Honour:

"After taking into our serious consideration the Bill entituled 'An Act to remove the Persons now settled, and to prevent others from settling on any Lands in this Province not purchased of the Indians,' with your Honour's proposed Amendment, and Message of the 23d Instant, it is with real concern we have found ourselves under the necessity of differing in Sentiments with you in a matter of so much importance to the Peace and Safety of the Province. Could we conceive your Amendment to be either reasonable or necessary, we should have adopted it without the least Hesitation, but as, in our opinion, the Bill, in its present form, is adequate to the mischiefs intended to be remedied, and had we acceded to your proposed amendment, we shou'd have involved the innocent with the guilty, by imposing the severest Penalty on a Person for doing an Act which there is no Reason to suspect can give the Indians the least discontent, we thought the Bill would better answer the Purposes intended without it.

"That our Reasons for this disagreement in opinion with your Honour may be rightly explained and understood, we beg leave to observe, that the House, from an earnest desire to remove the cause of the Indian Jealousy and discontent, arising from the Settlement of their Lands, prepared a Bill, and by the first Clause thereof inflicted the Penalty of Death on all Persons settling on any Lands not purchased of the Indians; but as they were informed that there are a number of Settlers on the communications through this Colony to Fort Pitt, under the Permissions of his Majesty's Generals for the Accommodation of his Troops in their Marches, and, as George Croghan, Esquire, Deputy Superintendent of Indian affairs, had likewise made a Settlement near Fort Pitt, with the Assent of the Six Nations, where he generally resides when sent to that Country on the business of the Crown, none of which Settlements had ever been objects of the Indian complaints, we thought it highly expedient and necessary to except them in the Bill. The

Proviso relating to the latter, is in these Words: Provided always, that nothing herein contained shall be deemed or construed to extend to a Settlement made by George Croghan, Esquire, Deputy Superintendent of Indian Affairs, under Sir William Johnston, on the Ohio, above the said Fort, by the consent and approbation of the Six Nations.' To this Proviso your Honour was pleased to send down the following Amendment: 'Dele the Words [by the Consent and approbation of the Six Nations], and insert the words [where the said George Croghan Esquire, as Deputy Superintendant, hath of late held Conferences with the Indians, so as no Enlargement or Addition be made to the Improvements thereon, at the time of passing this Act, nor any more Families be seated on the same]. To leave out the Words Objected to we chearfully agreed, because, altho' we have no doubt that this Settlement was made by Mr. Croghan with the Assent of the Six Nations, yet as we had not the Proofs before us to convince you of the Fact, we did not think them of Consequence sufficient to be insisted on, but as to the other parts of the Amendment for the following, which we think important Reasons, the House adhered to the Bill.

"Because we have never understood that the Settlement long since made and well known to his Majesty's Generals and Sir William Johnson, has ever been disapproved of by them, nor have we heard, or do we believe, that it is the least Cause of Indian Discontent, and therefore we could not perceive that it could answer any good Purpose to restrain Mr. Croghan from making any 'Enlargement or Addition to the Improvements thereon.' Besides, we are apprehensive, should the Government too strictly counteract the Approbation of the Indians with respect to this Settlement, it might, at this critical Juncture, tend rather to increase than remove their dissatisfaction.

"And because we cannot presume that Mr. Croghan would do any Act whatever that might give the least Umbrage or uneasiness to the Natives under his immediate Superintendance; the Commission he holds, the Address and Fidelity with which he has always executed that Commission, and the eminent Services he has rendered the Nation and its Colonies in conciliating the Affections of the Indians to the British Interest, forbid the suspicion. To restrain, therefore, that Gentleman from making any enlargement or Addition to the Improvements already made on this Settlement, and thereby to render him liable to the Penalty of Death for an Act which perhaps may be necessary for the more convenient transacting the business of the Crown, and which can by no means be productive of the Mischiefs intended to be obviated by the Bill, would be a Severity, in our Opinion, entirely unnecessary, and as unreasonable as unmerited.

"Thus much we have thought proper to offer in Vindication of our disagreeing with you on your proposed Amendment; And with Respect to your Honour's apprehension, 'that there might be an VOL. IX.-28.

opening left for the People intended to be removed, to sit down on the Lands excepted by the Bill,' We beg leave to say, that it appears to us very improbable that the Settlers who shall be removed from their present settlement, will transfer themselves and Families to the Lands settled by Mr. Croghan, as those Lands are all in the Vicinity of Fort Pitt, and no Settlements can be made thereon without the Consent or Connivance of the Officer commanding that Garrison. To presume either of which, would be injurious to his public Reputation. However, to remove your Honour's Objection on this Head, and that a Bill of so much consequence to the public Welfare may be no longer retarded, we will agree to insert in the bill, instead of the Amendment proposed in your Message, the following Proviso:

"Provided, also, that if any person who shall remove off and from the Lands not excepted as aforesaid, or elsewhere, to the Lands on which the said George Croghan, Esquire, has made the Settlement aforesaid, and shall there reside and Settle, to the Annoyance and Dissatisfaction of the Indians, every such Person shall be, and is hereby declared to be Offenders within the Intent and meaning of this Act, and liable to the Penalty herein before directed to be inflicted on Persons Settling on Lands not purchased of the Indians as aforesaid, after the Notice aforesaid.

"Signed by Order of the House,

"January 27th, 1768."

"JOSEPH GALLOWAY, Speaker.

The Board taking the above Message into Consideration, and not thinking it advisable to adopt the Proviso proposed therein by the House, unless they would agree to strike out the Words "to the Annoyance and Dissatisfaction of the Indians," were of Opinion that the Bill should be returned to the Assembly, with a Message from the Governor, acquainting them that he would be willing to pass it with that Proviso, omitting those Words, and expunging from the Bill the Words "by the Consent and approbation of the Six Nations." The following Message was accordingly drawn, and being approved, the Secretary was directed to carry it to the House, with the Bill for removing the Settlers on the Indian Lands."

A Message from the Governor to the Assembly.

"Gentlemen:

"The Addition you propose in your Message of Yesterday, to the Bill entituled "An Act to remove the Persons now Settled, and to prevent others from Settling on any Lands in this Province, not purchased of the Indians, is, in my Opinion, so far from answering

the Purpose of deterring Persons from removing themselves to, and settling on the unpurchased Lands where Mr. Croghan has made a a Settlement, and usually resides when he transacts business with the Indians,, that it may rather be considered as an Encouragement to them. The Offence, by the Addition proposed, does not consist in settling these Lands, unless such settlements shall be "to the Annoyance and Dissatisfaction of the Indians," so that all Lawless Intruders will be at liberty to take possession of and improve them in the first instance with Impunity, and whether it may or may not annoy or dissatisfy the Indians in general, may be a Question of extreme difficulty, and which perhaps may not admit of such legal Proof as to bring the Settlers to condign Punishment under this Law, till an Indian War (the Evil we are guarding against) has actually taken place. For this reason I cannot help thinking, that the Amendment contained in my written Message of the 25th Instant, much better adapted to the good End we both seem to have in view, than the new Proviso you would add to the Bill. The material difference between us is occasioned by the words of your Proviso [to the Annoyance and Dissatisfaction of the Indians,] which I conceive makes the Crime too depend on facts scarcely capable of full proof, I am therefore in hopes on coolly considering the matter, you will be inclined to wave the Expressions in the Proviso, which if you think proper to do, I will pass the Bill with the rest of your Proviso, after expunging the words you agreed to leave out in your answer to my first amendment. Should you however, Gentlemen, on this point differ in Sentiment with me, to prevent the miscarriage of a Bill of such general Consequence, upon which the Peace of the Colonies may in a great measure depend, I will consent to pass it on the Amendment you first acceded to..

"January the 28th, 1768."

"JOHN PENN.

A Bill entituled "An Act for the relief of the Poor," sent up yesterday by the House for the Governor's Concurrence, was also laid before the Board and referred to further Consideration.

Mr. Peters and Mr. Logan, having by the Governor's desire prepared a Message to be sent by the Indians now in Town from Wighaloosin, viz: Zaccheus and his Family, to the Indians resid-ing at Wighaloosin and the upper parts of the Susquehanna, the same was approved and Signed by the Governor, and the Secretary was directed to affix the Lesser Seal to it, and to deliver it with two Belts of Wampum to the Charge and care of the said Zaccheus.. The said message is as follows, vizt:

"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.

"To our Indian Brethren at Wighaloosin, on the River Susquehanna, Greeting:

"Brethren :

"We have the Pleasure to see in this City the Indian Zaccheus, and some other Indians with him. They came on a friendly visit, and we have received them like Friends and Brethren.

"Brethren:

"We have just now received a very disagreeable Piece of News. Some Indians have lately been Murdered at Middle Creek, not far from the Island called the Mahoney, in the River Susquehanna, about 7 or 8 miles from Shamokin.

"Our Treaties of Friendship oblige us to acquaint our Brethren with every thing that happens, especially if it relates to Life, or any hurt and violence done to our Persons or Properties. We shall, therefore, openly and affectionately relate this Matter to you just as we received the account of it by a Person of Reputation, living in the Neighborhood where the Murder was committed.

"Two or three families of Indians, namely: an Indian called the the White Mingo, another called Cornelius, another called Jonas, another called John Cammell, three Indian Women, two Girls, and a Child, removed from the Big Island in the Spring, and came and built themselves Cabbins on Middle Creek, about fifteen miles up the said Creek; there they lived and hunted, and were in a very friendly manner with the White People thereabouts, and were always well received and kindly treated by them.

"About Ten days ago they were at Mr. William Blyth's, who lives at the Mouth of Middle Creek, who treated them kindly, and from his House they went to one Frederick Stump's, a Dutchman, who lives in that neighborhood; there it issupposed that some difference happened, but what it was we have not heard, but they were all found murdered, Six of them in Stump's own House, and four in a Cabin at some distance from Stump's House, and I am further informed Stump says he killed them all with his own Hands, and that there was no other Person concerned with him in this Act. "Brethren:

"On my receiving this melancholy Account, the Sheriffs were immediately sent with Officers to take up this Stump as the Murderer, and for their Encouragement I offered a Reward of Two hundred Pounds, to be forthwith paid to any Person or Persons who should apprehend Stump, the murderer; and I am in hopes he is by this time taken, and no time shall be lost to bring him to a Trial, that he may suffer Death in the same manner as he would do if he had killed so many White Men.