concern, and is truly Alarming. Perhaps, if the Magistracy of your County had not indiscreetly (to say no more) interposed when the Sheriff was ready to proceed with the Prisoners to Philadelphia, this event, so full of mischievous Consequences, had not happened. However, since Matters have so unluckily fallen out, the best is to be done which the Exigency of the Case requires, and the most probable methods of regaining the Custody of the Prisoners, are now to be pursued. If the People who have gone into this rash and wicked Step, were actuated by the Principles they professed, of preserving their Rights rather than those of screening the Prisoners from the hands of Justice, they will certainly be ready to deliver them up, when they can be satisfied that they will receive their Tryals in the County where the Offences were committed. You will therefore, in the first place, try the expedient of assuring these People (if it can be known who they are) that the Government never entertained the least thought of so illegal an Act as trying them out of the proper County, and that they were ordered down to Philadelphia that the Chief Justice himself might have the Examination of them in a matter of such Consequence, and that they might there be out of the Reach of any attempts to rescue them, which their Friends or Abettors might be disposed to make, till the Time of their Trial. If, upon this assurance, they will retake the Prisoners or deliver them up, it will go a good way towards convincing me and all others, that they, upon a mistaken Notion, took this exceeding Rash, tho' most unwarrantable step, to prevent an Invasion of their Rights. If this measure should fail of the desired effect, and these People should persist in refusing to deliver up the Prisoners, or if they have already permitted their Escape, you are, after waiting a reas onable time for the Results, to proceed immediately in the most active and vigorous manner, as well for apprehending the Prisoners who have been rescued as to procure Testimony on which to found legal Charges against the Rioters, (many of whom, it is more than probable, you and those other Magistrates who were present with you and were Witnesses of the whole Transaction personally knew), for this most daring Insult upon the Laws of the Country; and with the Assistance of the other Magistrates, you are to call before you all such Witnesses as you may think can give any Information of the names of the Kioters, and to take their Examinations, and to issue Warrants for apprehending and securing them, and upon every Occasion which you may think requires it, you are to dispatch Expresses informing me of any material Occurrence, that I may take the measures which I may think necessary; And particularly, you are to dispatch an Express immediately with the answer which the Rioters may give to the Assurance which you are above instructed to make them. I must press you and the other Magistrates, in the most earnest manner, that upon this important Occasion, you exert the utmost Assiduity, Vigour and Activity in your Power, least a failure of Success in our Endeavours to bring the Prisoners to Justice, should involve the Frontier Inhabitants in the dreadful Effects of an Indian War. "I am, Sir, "Your most Obedient "humble Servant, "JOHN PENN. "To JOHN ARMSTRONG, Esquire, at Carlisle.” The Lottery Bill was again considered and referred to a future Consideration. The Secretary presented to the Board a Letter which he received from Captain William Patterson, acquainting him with his apprehending Frederick Stump and John Ironcutter, and delivering them to the Sheriff of Cumberland, and inclosing a Message he had sent to the Indians at the great Island, which were ordered to be entered on the Minutes of Council, and are as follow, viz" : A Letter from Captain William Patterson to the Secretary. "DEAR SIR: CARLISLE, 23d January, 1768. "The 21st instant I marched a Party of nineteen Men to George Gabriel's House at Penn's Creek's mouth, and made Prisoners Frederick Stump, and John Ironcutter, who were suspected to have murdered Ten of our Friend Indians near Fort Augusta, and I have this Day delivered them to Mr. Holmes at Carlisle Gaol. "Yesterday I sent a person to the Great Island, that understands the Indian Language, with a Talk, a Copy of which is inclosed. Myself and Party were exposed to great Danger by the desperate Resistance made by Stump and his Friends, who sided with him. The steps I have taken, I flatter myself, will not be disapproved of by the Gentlemen in Government, my sole View being directed to the Service of the Frontiers, before I heard his Honour the Governor's Orders; The Message I have sent to the Indians, I hope will not be deemed assuming any Authority of my own, as you are very sensible I am no stranger to the Indians and their Customs. "I am, with Respect, "Your most Obedient humble Servant "JOSEPH SHIPPEN, Esquire." Here follows the Talk sent by Captain William Patterson to the Indians at the Great Island: "Brothers of the Six Nations, Delawares, and other Inhabit ints of the West Branch of Susquehanna, hear what I have to say to you: "With a heart swelled with Grief, I have to inform you that Frederick Stump and John Ironcutter have unadvisedly murdered Ten of our Friend Indians near Fort Augusta; The Inhabitants of Pennsylvania do disapprove of the said Stump and Ironcutter's Conduct, and as proof thereof, I have taken them Prisoners, and will deliver them into the Custody of Officers that will keep them Ironed in Prison for Trial, and I make no doubt as many of them as are guilty will be condemned and die for the Offence. "Brothers: "I being truly sensible of the Injury done you, I only add these few Words with my Heart's wish, that you may not rashly let go the fast hold of our Chain of Friendship, for the ill conduct of one of our bad men. Believe me, Brothers, we English-Men continue the Same Love for you that hath usually subsisted between our Grandfathers, and I desire you to call at Fort Augusta to Trade with our People there for the necessaries you stand in need of. I pledge you my word that no White man there shall molest any of you, whilst you behave as Friends. I shall not Rest by night or Day untill I receive your Answer. "Your Friend and Brother, "W. PATTERSON. "Juniata, January 22d, 1768." Friday 5th February, 1768, A. M. MEMORANDUM. A Committee of two Members of Assembly waited on the Governor and delivered him the following written Message, and at the same time acquainted him that the House requested His Honour would again let them have the Perusal of Colonel Armstrong's last Letter, which was accordingly sent to them. A Message to the Governor from the Assembly. "May it please your Honour: "The first Intelligence received by this House of the Persons settling on the Indian Lands within the Bounds of this Province, was communicated in your Message of January the 5th, and his Excellency General Gage's Letter. The Removal of these obstinate People, who have violated the Faith of Treaties and disregarded His Majesty's Proclamation, appeared to us so absolutely necessary to the Safety of the Colony, that we Complied with all possible dispatch with the Measures recommended by the General for that Purpose, and we are pleased this part of our Conduct has met with your approbation; but at the same time, it gives us much Concern to find that, in another Respect, we do not seem to have been so fortunate. From good Information we were convinced that the barbarous Massacre committed on the Indians at Conestogo and Lancaster, was one of the Causes of the Indian discontent. To remove which, by satisfying the Natives of the Justice of the Government, and to support that Authority which can alone ensure Safety to the People, by deterring the Wicked from the Perpetration of the like heinous Offences, we intreated your Honour 'that diligent and speedy Inquisition should be made after the Atrocious Offenders.' In Answer to which, you are pleased to tell us that in your Station you conceive nothing more can be done without doing an Act of Violence to the Constitution, which commits the immediate Administration of Justice to the Magistracy.' We well knew that the immediate Administration of Justice by the Constitution is vested in the Magistracy, and we assure your Honour that you are not mistaken in thinking that we are the last Persons who would advise you to extend your Power in any Case beyond the Bounds prescribed by Law.' But, while we wish to have your Authority properly confined, we should be wanting in our duty to the People, if we were not equally desirous to see it exerted to its legal Extent, whenever their Security demands it, which we are persuaded has not been done on this important Occasion. Murders have been long since committed and the Offenders are not yet apprehended, nor, as we have ever understood, has a single Warrant been issued for the Purpose. Murders perpetrated at Noonday, in a populous Borough, before a Number of Spectators; and yet, as 'tis said, the Names of the Criminals remain undiscovered. There is a manifest failure of Justice somewhere. From whence can it arise? Not from the Laws. They are adequate to the Offence. It must then be either from a Debility or inexcusable neglect in the Executive part of Government to put those Laws in execution. And we hope your Honour will excuse us when we say that it is the peculiar Province of a Ruler, and without Violence to the Constitution,' he may and ought to superintend the Administration of the Laws, so far at least as to see that the Magistracy faithfully discharge their Duty, and to remove those who are neglectful thereof. "But you are pleased to tell us that you did not lose a moments Time in Writing to the Magistrates of Lancaster, York, and Cumberland, commanding them to use their utmost Endeavours to discover and apprehend the Offenders; and by your Proclamation high Rewards were offered to those who should make such Discoveries.' Thus much we believe was done, and no more. But, were not those Letters altogether disregarded, and your Proclamation treated with the utmost contempt? For, did even those Magistrates who resided in the Borough at that Time, issue a Subpoena, or send for a Person among the numerous Spectators, to give information of the Offenders? Was the Sheriff, then dwelling in the Borough, and whose particular Duty shou'd have led him to have given Opposition to the Lorrid Act, or the Werk-house Keeper, under whose care the unhappy Victims were placed by the Magistrates, ever examined, or called on to discover them? Or has an Inquest been held on the Bodies, or the least Judicial Enquiry made by the Coroner into the Cause, or after the Authors of this unfortunate Catastrophe? And, although there was a Number of His Majesty's Troops Quartered in the Borough at this very Time, ready to lend their Assistance, did the Officers of Justice call on them to give their Aid in protecting the miserable Sufferers? Under these Circumstances, can it ap pear possible to a rational Mind, if the Magistrates had exerted their Authority when the Offence was Committed, or at any Time sinee, that the Perpetrators of so flagrant a Crime, in so public a Manner, cou'd remain undiscovered, and Elude the Efforts of Justice? "Your Honour adds, that every Measure was taken by you on that Melancholy occasion which the Law would Warrant. You wrote Letters, indeed, and issued a Proclamation; but, we apprehend, on an Occasion so Interesting to the Public Safety and Reputation of the Government, more might, and ought to have been done. The Assembly, then Sitting, requested that you would'order the Sheriff, Coroner, and Magistrates of the Borough to come down and give you the best Information that could be obtain❜d of the Persons concerned in these violences.' Were those Officers ever called on to give you the 'Information, or to Account for their indolent Conduet? If they were, did they ever assign good and sufficient Reasons in their Justification? And if they did not, should not they have been immediately removed from those places of publiek Trust which they have so greatly abused, and more worthy Men placed in their Stations? Thus far, at least, the 'Law' would have warranted' your Conduct, nor would you have been justly chargeable with not having performed your Duty, or doing an Aet of Violence to the Constitution." "We lament with your Honour, that the Measures you pursued to discover the Offenders were not attended with Suecess; but we cannot think that it was owing so much to a want of Virtue or Resolution' in the People, as to a Neglect of Duty in the Officers of Government. Many motives might induce the former to be inaetive, and very probably the unparalleled Inactivity of the Magistrates was not the least; But nothing ought or can vindicate the latter, who were under the most solemn Obligations for the Performance of their Trust. "Your Honour is pleased farther to observe, that 'the Orders you then gave, and the Rewards offered, were not limited to any Time, but still carry with them the same Obligations and Inducements they ever had.' The Contempt with which your Proclamations were treated, without the least Notice taken of that Treatment, and the unpardonable Disobedience in the Magistraey to those Orders ever since, convince us of the Truth of your Assertion, and yet could we be so happy as to persuade you to exert your Power and In |