1831.]

Esteemed Friend,

Philadelphia, 26th 4 mo. 1756.

Considering that Daniel Claus may be detained long on the way home, and that the pressing circumstances of our affairs with the Indians demand the most speedy and vigorous endeavours to retrieve them from their unhappy state. I send the bearer on purpose to deliver thee a duplicate of the Minutes of our Conference with the Indians, and to request thy immediate friendly prosecution of thy endeavours for the public interest, which will be a work truly worthy the most exalted mind, and lay a particular obligation on the people of this province, and for my friends in particular I can answer that they will acknowledge it in the most respectful and grateful manner.

I am with much respect,

The real concern which I feel day and night for my bleeding country, whose interest is not sufficiently considered and promoted by some who are bound by both sacred and civil obligations to consult its welfare, will I hope plead my excuse for the liberty I take of requesting thy perusal of the inclosed letter for Sir William Johnson, and of intreating that if thou approve of my design and proceedings, that thou wilt add such weight to it as may render it effectual.

The bearer will go forward to Fort Johnson if thou thinks it proper to direct him to do so, if not will return hither.

I am with due respect,
Thy real friend,
ISR: PEMBERTON.

To Sir Charles Hardy, Governor of New York, by express.

Governor Hardy's Answer.

Fort George, in the City of2 New York, April 29th, 1756. Sir-I have received your letter and papers for Sir William Johnson, which shall be forwarded to him. I have long lamented the unhappy situation of the back settlements of your Province, whose inhabitants have been most unhumanly murdered, their substance destroyed, and lands laid waste, by a savage and cruel enemy. I have and shall continue to use all the means in my power to accomodate this unhappy breach, and trust some success in it may attend the interposition of the Six Nations, all the influence this Government has with them shall be exerted.

I am Sir,

Your most humble servant; CHAS: HARDY.

To Mr. Isr: Pemberton.

The Messengers were accompanied from Bethlehem by Augustus, a Delaware Indian residing there, and on their return the 31st of 5th mo., made the following report, viz.

That on their arrival at Wyoming they found the Indians had left the town and gone up the river, they therefore proceeded to Teaogon, where they met with a great number of Indians and informed them they had brought a message, from the Governor of Pennsylvania, and desired a meeting of all their people in that town and near it, which being obtained in two days, they then delivered their message; after which Paxinosa as speaker of their Council, returned the following answer, viz.

Brethren, the Governor, and People of Pennsylvania.

The dark clouds overspread our country so suddenly we that have been all at once separated, and that dark

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cloud got in between us, and as it has pleased the Most High to dispel it a little, so that we can just see one another again; our eyes are now running with tears, because of the melancholy sight, seeing our country covered with our own blood; (we mean yours and ours) give me leave to wipe off the tears from your eyes, tho' at the same time my own run with tears in abundance for what has passed. [Gave a String.]

Brethren, As you came a great way and through dangerous places, where evil Spirits reign, who might have put several things in your way, to obstruct your business, this String serves to clear your mind, and the passage from your heart to your mouth, that you may speak freely to us. [Gave a String.]

Teedyuscung, a Delaware Chief, spoke next.

Brother Onas and the People of Pennsylvania.-We rejoice to hear from you, and that you are willing to renew the old good understanding, and that you call to mind the first treaties of friendship, made by Onas our great friend deceased with our forefathers, when himself and his people first came over here. We take hold of these treaties with both our hands and desire you will do the same, that a good understanding and true friendship may be re-established; let us both take hold of these, with all our strength, we beseech you. We on our side will certainly do it. [Gave a Belt.]

Brother Onas,-What you said to us we took to heart, and it entered into our heart, and we speak to you froin our heart, and we will deal honestly with you in every respect. [Gave a String.]

Brother Onas,-We desire you will look upon us with eyes of mercy-we are a very poor people, our wives and children are almost naked-we are void of understanding and destitute of the necessaries of life. Pity us. [Gave a String.]

The Delawares, Memskies and Mohickons to Onas and the People of Pennsylvania.

Brethren,-There is a great number of our people among you and in a manner confined, we desire you will set them at liberty, or rather give them a safe conduct to Wyoming, where we intend to settle as on your fire side, there we will jointly with you kindle a council fire, which shall always burn, and we will be one people with you. [Gave two Belt.]

Brother Oneas, and all the people of Pennsylvania,We had the misfortune that a great and dark cloud overspread our country, but by our prudence, and that of our uncles the Six Nations, it is now almost dispelled and we see the clear heavens again. We the Delawares, the Shawnese, the Mohickons and Memskies, give you this String of Wampum, and desire you, that the bitterness which might have gathered in this dark and unhappy time may be removed, and that you may by this means spit it out, take or acccpt this as a certain cure for that purpose, and pass by all that is past, and think on your poor foolish brethren with mercy and forget all the evil done to you by them. [Gave several Strings of Wampum.]

Brother Onas,-What our uncles the Six Nations required of us your and their behalf by their delegates at Otsaningo, we that live on the river Susquehanna have agreed to. We have laid aside our hatchet, and will never make use of it any more against you or your brethren the English, all our young men have been consulted about this, and all earnestly agree to it, and we now speak in their presence.

We must give you this caution, not to charge them with any thing that may be done by the Ohio Indians, who are under the influence of the French against you. We assure you our young men will do no more mischief to your people. [Gave a String.]

Capt. Newcastle and Jiggrea were sent on the 8th of the 6th mo. the second time, and were accompanied by John Pumshear and two other Delaware Indians from West Jersey. The message then delivered them by the Governor, was as follows:

The Governor and People of Pennsylvania, to the Indians on Suquehannah, gathered at Teaogon.

Brethren, I return you the thanks of this Government, for the kind reception you gave to my messengers: This I look upon as an act of friendship, and a token of friendship, and a token of your good intentions. [A String of four Rows.]

[NOVEMBER

that a good spirit begins to show itself in you, and you desire to meet us in Council, I shall bring with me a sufficiency of clothes and provisions to relieve those dis. tresses. (A String.)

Brethren-the Shawnese, Delawares, Memskies and Mohickons:

As you on their parts have confirmed the treaties and leagues of amity, subsisting between you and this Government, and given a Belt in confirmation thereof, and desire the same to be done on our part. I do now by this Belt ratify and confirm all former treaties and engagements, and assure you that they shall be most inviolably observed as long as the sun shines. [Here a large Belt was given.]

Brethren,-As your confirmation of former treaties was accompanied with professions of sincerity, so I make you the strongest assurances of truth in the confirmation this Government has now made. [A String of four Rows.]

Brethren, That you and I have an opportunity of making these mutual declarations at a public Convention, I now kindle a fire at the house of Conrad Weiser, who is one of the Council of the six nations. and the public interpreter for the province. [A Belt of foureen Rows.]

N. B. Conrad Weiser said it was now necessary to name a particular place, but the Indians were notwithstanding this, always at liberty to name another; and he believed, from something Captain Newcastle had dropped, the Indians would choose the Forks of Delaware.

Brethren, Having appointed a place for us to meet in Council, I now clear the road to this place, and remove the logs, and other obstructions out of it, so that it may be perfectly safe to every one desirous to use it to travel to their brethren when met in Council. [A Belt of eight Rows and eight Strings tied to it.]

Brethren,―It was offensive to see blood spilt on the road used by people who have lived in friendship to gether: I therefore remove all blood out of the road that leads to the Council fire. [A Belt of four Rows.] Brethren, Your Indians who live among us go where they please; they live as we do, and enjoy their liberty. We only hinder them from going to the frontiers where they might be mistaken for enemies, and hurt or killed, and that the Indians may know the truth of this, we send some of them along with our messengers to Teaogon, who will declare what treatment they have had from us. What few we have in confinement shall be set at liberty when the Council meet and be brought there. (A String.)

Brethren,-This last is a very important article, and what we absolutely depend upon, that all prisoners taken on both sides, shall be delivered up as there can be no sincerity on either side where this is not done, and that in the most faithful and ample manner, without keeping back a single person-the Belt assures you that it shall be punctually performed by us, and we expect the same punctually on your side. (Two Belts, the one seven, the other eight Rows.)

Brethren, You have mentioned to us the distress you have been, and are in, for want of necessaries: these are owing to your having given way to the influences of an evil spirit, and struck your brethren without any cause, and as you have brought it upon yourselves you have the less reason to complain.

But now

Brethren-Agreeable to the repeated advice and request of Scarroyady, and other Indians of the six nations, then residing in this province, I engaged to build a fort at Shamokin, for the protection of our friendly Indians, their wives and children; and I now acquaint you with the march of the forces, in order to effect this useful work, that it may give no umbrage, the commander having my orders not to act offensively.

Brethren,-You are to take notice, that nothing proposed by me, is to interfere with any invitation you may have received from Sir William Johnson, or your uncles, the six nations; they have acquainted me that a great Council is to be held in the country of the six nations; and those Indians at Teahogon are invited to it: I would have them by all means to give their atten dance there. You may go to either place as you incline, for we are both in the service of one king, and act by his directions.

Brother Newcastle,-I have now finished what I would have you say in the name of this province, to the Indians gathered at Teahogon. You will adapt the several articles to the Indian customs, retaining the spirit and substance of them.

From the time of the first messages arriving at Teaogon, the hostilities on our northern frontiers ceased, and an acceptable respite being obtained for our distressed fellow subjects, we enjoy so much real pleasure and satisfaction, in this happy event of our endeavours, as to engage us cheerfully to pursue the business we had begun, tho' many malicious calumnies and aspersions were cast upon us by persons from whom we had a right to expect encouragement and assistance.

[To be Continued.)

The following memorial is circulated in the interior; and as the changes proposed are important-affecting every part of the state, we transfer that document to our pages, for the purpose of attracting the attention of those be stable to judge of the expediency of the intended alterations.

THE JUDICIARY.

The following petition has been prepared after consultation with gentlemen of much experience, and who had bestowed much reflection upon the subject to which it refers. It is requested that Editors in different parts of the state, will lay it before their readers, with the hope of eliciting a full expression of public opinion upon it.

To the honourable the Senate and House of Represenatives of the Commonwealth of Pennsylvania:

The petition of the subscribers, respectfully repre sents,

That the evils arising out of the present organization of the judiciary system of the state are day increasing, and that your petitioners, in common with their fellow citizens, are suffering in their rights and property, from the operation of causes that might easily be removed; they therefore add their earnest solicitations, to the oft repeated recommendations from successive governors of the state, for some legislative improvements.

It is supposed that a reference to the evils, will clearly demonstrate the appropriate remedy.

Experience abundantly shows, that the supreme ccurt under the present arrangement, cannot perform

the duties assigned to it. No combination of skill and industry in the judges, can dispose of the enormous accumulation of business pressing upon that court. The judges are required to hold in Philadelphia, a court of oyer and terminer, a court of nisi prius, and a court of error, which with the greatest skill and unremitting industry, must occupy upwards of twenty weeks in every year. They are required to hold four regular terms annually in the country, with occasionally an adjourned term in Lancaster, occupying sixteen weeks, independent of the time required for travelling to and from the different districts, and in addition to this, they are re. quired to hold annually circuit courts in the several Counties, which cannot occupy less than eight weeks, The average mileage travelled yearly by each Judge, is not less than fifteen hundred miles, which must require in the rapidity of stage conveyance, a period not less than three or four weeks, leaving in the year, a remnant of four or five weeks for relaxation, and to be spent with their families. With the present arrangement in Philadelphia, we are not inclined to interfere. The number of causes in the four country districts, falls but little short of four hundred per annum, and they are annually increasing: allowing five days in the week for constant labour on the bench, the number of causes to be disposed of, wilt average about five a day. The cases are made up of appeals from the Orphans and Registers Courts; from the decree of the Common Pleas in the appropriation of money: in writs of error; and they have beside, the sole jurisdiction in cases of mandamus, and writs of quo warranto; and concurrent jurisdiction in cases of trust, naturalization, divorce, habeas corpus, &c. If we consider, that most of the cases are involved with numerous complicated facts; that they are to be discussed and examined; that the law is to be investigated: and that an opinion is to be written and filed of record, not only in every case, but upon every point arising in the case, it will be abundantly clear, that the services required cannot be performed. There is an absolute impossibility, that they can be rightly done in the time allowed. It is treating the judges unfairly, and disregarding the best interests of the community, to require a court which is to settle the law in the last resort, an amount of labor, which cuts off all opportunity of study and research. The public is lavish enough in its censures, if the whole work is not done, and done in the most perfect manner. It is as unjust, therefore, as it is injurious, to heap upon the judges, a burden which we know they cannot sustain: and then to censure them for the non-performance: the objection presses as strongly against the manner in which judges are compelled to hurry through business, as the inconvenience of having in Pittsburgh, Lancaster an Philadelphia, a delay of two or three years before a case can be reached.

The judges in the last resort, should be allowed to proceed deliberately: to read and investigate; and time carefully to commit their opinions to writing, after the fullest examination; this is due to the reputation of the judges, and the character of the state. If this opportunity is not afforded them, let them not be censured, if their decisions shall not always be found consistent with each other: or if too numerous occasions occur in which some of the judges dissent from the opinion of the ma. jority, and thus render the law uncertain. If a case be held under advisement; or time be asked to draw up a long and difficult opinion, where is the time for advisement, or to write deliberately an opinion? Not one day, or hour can be spared without borrowing from another period, that which should be equally devoted to other and equally pressing inquiries. Even if the public de. mand of them, the employment of Sunday, that universal day of rest, still the objection of a want of reasonable time is not removed. Less can be done under an over press of labor, than when time is allowed for reasonable relaxation, for the mind becomes tortured by constant employment, and unfit for active exertion, and the state looses rather than gains, by demanding too much. VOL. VIII. 38

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The remedy we would suggest, is in the first place, to lessen the labors in the supreme court.

This may be done in a twofold way. 1. By releasing the judges from the duty of holding the circuit courts. 2. By reducing the amount of business in bank, by referring a portion of it to another tribunal.

Let the courts of common pleas, orphans' courts, &c. remain as they are, and the circuit courts be held by judges appointed for that particular purpose: And to effect the further object, let two contiguous president judges of the common pleas, with one of the circuit judges, hold a court of appeals, twice a year at some central point, within each judiciary district, for reviewing the opinions of the courts of common pleas within such a district, as well as of the circuit courts, in all cases under a certain amount, say 300 dollars; and let their decisions be final, unless in particular cases, when upon a special allocatur, they may be taken to the supreme court by writ of error.

Different courts thus graduated, would seem not only to avoid the difficulties suggested, but would add new facilities for the speedy and certain administration of justice, far beyond the means furnished under the present system.

The duty of holding circuit courts being taken from the supreme judges, and the number of writs of error, appeals, &c. being diminished in the manner suggested, would still leave the supreme court, an abundant supply of business, but not more than could be done, by a due application of skill and industry. Such a court, so organized, would afford surer means than any other, of rendering public satisfaction.

The circuit courts so constructed, would materially add to the safe and speedy administration of justice, not only in the relief afforded to the supreme court, but as it regards the business of the courts of common pleas and orphans' courts, &c. With five judges, a circuit court would be holden twice a year in every county, the term of which might continue one or two weeks, as business should require, and provision should be made for transmitting causes from the common pleas, and ororphans' court, &c. under such regulations, as would properly divide the business between the county, and the circuit courts. The circuit judges would alternate in the different counties,so that the same one would not preside in the same countytwice in succession. Thus a choice would be furnished to suitors, that would do away all personal objections to judges; a spirit of emulation would be excited; a novelty would be preserved, an energy be imparted, and additional means furnished in the joint labors of the county and circuit courts, that would meet all the demands of public justice. There are fifty counties in the state. Twenty-five of these would probably require but one term of the circuit court in a year. In the other twenty-five counties, two terms would be required, and in some of them, two or more weeks in a term. The first twenty-five weeks could be held by the five judges, in five weeks; including tra velling, say two months. There would then remain ten months. Two terms in the other twenty-five counties, with travelling, extra terms, &c. would consume four months. There would be still six months remain. ing. Cases in error under 300 dollars, would embrace about one half the number of writs of error and appeals in the different counties, now carried to the supreme court. Thus, ample time would be afforded for the circuit judges to hold one or two terms every year, in every county, to aid the courts of common pleas, orphans' and register's courts, in the transaction of business, and also, for holding with two of the president judges, a court of review in each judiciary district, twice in every year.

It is of essential importance, that an opportunity should be speedily had for reviewing and correcting er. rors, which may accrue in the hurry of a jury trial, or in the sudden investigation of a matter tried for the first time, before the orphans' and register's courts; for this