in the early part of the season, with the investment of so considerable a portion of their active capital, in the coal brought down the last year-not only discouraged, but actually disabled a very large proportion of them from pursuing the business with spirit until they could make sales. Since the coinmencement of Autumn, the demand both at home and coast wise, has been unprecedented, but it was then too late to get much increased supply for the present year-many of the miners and boat-men had been discharged, and gone to other work, and could not be got back in time to mine and transport enough to meet the increased demand. We advise our friends, and we hope we have many, who intend to use this excellent fuel, whether for domestic, or manufacturing purposes, to secure to themselves a full supply the ensuing year, by giving their orders early in the season, which we understand will be received with an engagement on the part of the sellers, that if they should af terwards sell at a less price during the season, than that contracted at, they will refund to the previous purchas ers the whole amount of such reduction. This judicious plan will enable those engaged in the business, to avoid the great additional expense they would otherwise incur, of wharf and yard rent, and frequent handling, and also to command the use of their funds, so as to bring a full supply to market: and would insure to the consumers a full supply, at the lowest price, at which their favourite kind is sold-and enable those who have to transport it coast wise, to engage their freights at much less than they have to pay late in the season. There is at present a great want of capital in the business, and we know of none, where it could be more 'safely or advantageously employed, than in the Coal Trade. There has been expended in making the Canals and Rail Roads leading to the Coal Mines on the Schuylkill, Lehigh, and Lackawanna, more than seven millions of dollars, besides the large amounts expended in other improvements necessary to accommodate the great number of persons engaged in the business, and large expenditures are still being made to render the access to the mines more complete, so as to redue the cost, and increase the means of obtaining a supply of this fuel, to any extent that may be required. No accurate account can now be had of the quantities of either Anthracite or Bituminous Coal mined and transported on the Susquehannah, It is estimated that on the 1st April last, there was remaining unconsumed, and principally unsold, being a surplus quantity of Coal mined in 1830, of at least 50,000 tons, and that the quantity wanted for actual consumption, before the 1st of April next, (besides the 50,000 tons of surplus the last year,) will far exceed all that can now be mined and brought to market before the close of Canal Navigation. The price of Anthracite Coal, which, from 1820 to 1827, varied from seven to ten dollars per ton, has been reduced the present year to $4 50 to $5 00 per ton, by the cargo at Philadelphia. and $5 00 at Roundout. More than one-half of the whole quantity of Anthracite Coal, mined and brought to market, has been consumed by steam engines and in manufactories; its substitution for other fuel very materially lessens the risk and cost of insurance against fire. In England, where Coal alone is used as fuel for domestic as well as manufacturing purposes, the consumption is more than fifteen millons of tons per annum, or about one ton to each inhabitant. In the United States there are about four millions of inhabitansts within ten miles of tide water. If Coal should be substituted for one fourth of the supply of fuel used within ten miles of tide water, it will require one million of tons, and give full employment to as much tonnage as is equal to one thousand vessels, each of one hundred tons burthen, to transport it coastperformed on an average, coastwise, in one year. [NOVEMBER STATEMENT of the quantities of Anthracite Coal mined [For calculations on the actual consumption of coal, wise, ten trips to each being quite equal to what can be and the trade in 1828, see Reg. vol. 3, page 79.-ED.] To October 22. HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. EDITED BY SAMUEL HAZARD. VOL: VIII.-NO. 21. PHILADELPHIA, NOVEMBER 19, 1831. NO. 203. BANK OF THE UNITED STATES. -- THE UNITED STATES VS. BENJAMIN SHELMIRE. October Session, 1831.-Judges Baldwin & Hopkinson. Indictment for uttering, passing and publishing as true, a certain false, forged and counterfeit order, purporting to be an order upon the cashier of the Bank of the United States, drawn by the Office of Discount and Deposit in Mobile, by Philip McLoskey, President of said office. personally liable. The words of this article are in our mind, very conclusive on this point. "The total amount of debts which the said corporation shall at any time and above the debt or debts due for, money deposited in owe, whether by bond, bill, no'e, or other contract over the Bank, shall not exceed the sum of thirty five millions of dollars," &c. The question of the legality of these orders or drafts, and whether, under the Act of Congress, they may be the subject of forgery; and also the question of the liability of the Bank for the payment of them, arose in the course of this trial, for the opinion of the Court. That part of the charge of the Court to the Jury which has relation to these questions, was as follows-deliver-improvements, salaries and contingent expenses, are ed by Judge Baldwin: This is an explicit declaration that the Bank may make, and are bound by contracts other than those by bond, bill, note or deposit. These other contracts must be taken to mean and be co-extensive with ordinary transactions of Banks. We certainly cannot confine them to limits narrower than those subjects which the charter recognizes as those on which the Bank are to act. Deposits, discounts, drawing, endorsing, buying, selling bills of exchange, or taking them for collection, dealing in gold or silver bullion, paying for buildings, "other contracts" by which the Bank may incur debts, and are bound to pay them to any amount to which they may be contracted by them or under their authority. In all these operations, checks or orders on the Bank or its cashiers, are indispensable to conducting the business of the Bank. They are peculiarly so, when we consider the connexion between the Bank and the Government and its Branches. Being the depositories of the public money,-bound to transfer it without charge or commission from the place where it is received to the place where it is wanted or required to be deposited,→→ bound to distribute the money of the Government among its creditors,-to pay the salaries of public of ficers,-to act as commissioners of loans in the different states, in the payment of the public debt and pensions, The counsel of the defendant has presented to the Court the question, whether the orders or checks of a President of a Branch Bank of the United States, drawn on the cashier of the mother Bank, came within the meaning of the words "order or check," mentioned in the 18th section of the law incorporating the Bank. The point has not been argued, but it has been made. It arises necessarily, is vital to the prosecution, and must be decided by the Court. The words of the law are very plain-" or any false, forged, or counterfeit order or check upon the said Bank or corporation or any cashier thereof"-broad enough to embrace this paper which on its face purports to be such an order, and if genuine, would be one, any order or check on the Bank or any of its cashiers at the Branches or here, or any draft or there must of necessity be drafts, orders and checks bill for the payment of money, which in law would be by the Bank on its Branches, and by the Branches on deemed an order or check. Is this comprehensive each other, and on the Bank. The Branches are of description narrowed by any other parts of the law? fices of discount and deposit. Independently of the duWe find in it no prohibition direct or indirect against ties enjoined on them by the charter, for the conveniissuing this kind of paper either by the Bank or any of ence of the Government, there were great and powerits Branches, or any word or expression by which Con- ful reasons for the incorporation of the Bank, and the gress has excluded it from the purview of the 18th establishment of its Branches, to create and continue a section; neither can we perceive any thing in its nature sound, uniform currency, facilities for internal exwhich would justify such inferences. The only restric- change, and remittance. It cannot be contended that tion on the issuing of any paper, is in the proviso to the drafts, orders, or checks, drawn by or on the Bank, or 12th fundamental article in the 11th section of the char- any Branch, are not legitimate means by which all these ter. The Bank can make no bill obligatory or of credit objects, both public and private, could be accomplishunder its seal for the payment of a less sum than five ed, or that they can be accomplished without them. thousand dollars; the bills or notes issued by order of There is no pretence that there is any express or imthe corporation, signed by the president and cashier, plied prohibition making them unlawful, and no good are made as binding and obligatory on the Bank as reason can be assigned why the Bank, individuals and those of private persons, but all their bills and notes the public should not have the same protection against must be payable on demand, unless of a sum not less any injury which might result from their being forged or than one hundred dollars, and payable to order; none of circulated as the promissory notes of the Bank, of the these restraints apply to an order or check; the notes drafts, orders or checks of individuals upon a cashier of or bills alluded to are such as contain a promise to pay the Bank. It is in our opinion no answer to these views, money, and the bills obligatory are such only as are un- that the law has not expressly authorized the officers, der seal, and for sums not less than five thousand dol- of the Branches to draw on the Bank: it is enough for lars. The Bank is left free to contract debts by any this point that they are not prohibited from doing so: it other mode than by their promissory note or an obliga is an act indispensable to the transaction of their ordition under seal, with no other limitation than is contain-nary business, in order to meet the wants of the public ed in the 8th fundamental article, which is merely as to and others. The bank may contract otherwise than by amount, the only effect of which, is not to exempt the bond, note or bill. They may authorize the Branches Bank from liability for the excess, but to make the Di- to draw orders, checks or bills upon them, whether in rectors, under whose administration it shall happen, funds or not,—but authorized or not, the paper has the VOL. VIII. 41 322 BANK OF THE UNITED STATES. [NOVEMBER same validity; if genuine, the drawer or drawee is bound anations from the present Bank, who may commit their for payment. It would be introducing a new principle | management to such persons, and subject to such reginto our code of criminal law, to say that the guilt or ulations as they think proper, under no other limitations innocence of the accused would depend upon the fact to their power than the laws of the land and their own of the person in whose name a paper is forged having charter. funds or authority on which he could draw his order or check. If a genuine bill is wanting in some requisite to give it currency, as the indorsment of the payee when payable to order—or if a positive law directs that besides the proper signatures, some other acts should be done to give it any validity between the parties, or permit it to be read in evidence—as that it should be stamped-the crime of forgery is as complete by forging or knowingly passing it before endorsed or stampt, as after. Bailey on Bills 442, Am. ed. 382; 6 D. and E. 606, Rex vs. To save the party from the penalty on account of the invalidity of the paper if genuine in fact, it must be shown to be wholly illegal and void in its operation, so that no one could be injured by its being forged or pas sed upon him. The genuine paper must be as worthless as its counterfeit. The law embracing then all orders or checks on the Bank or any Cashier thereof, with intent to defraud the Bank or any other person, containing no exceptions,-excluding no paper which comes within the definition or common acceptation of an order or check, or prohibiting the issue or circulation of those drawn by the Presidents of Branches, we are bound to declare them to be within the words, spirit and meaning of the law, equally with the notes of the Bank or the checks or orders of individuals. You will therefore understand us as distinctly laying down the law to be, that it is criminal to forge or pass paper of this description. The next question of law which arises in the case is, whether that part of the indictment which charges that the accused passed the order or check in question, with intent to defraud the Bank of the United States, has been made out. On this part of the case the law is well settled-the indictment must allege the offence to have been committed with the intention of defrauding some person or corporation, and this allegation must be proved as laid. This is the general rule, but it must be taken with this qualification. If the person in whose name a forged note, bill, order or check is drawn, or the one on whom it is drawn, would, if genuine, be bound to pay it, the law infers and takes as proved the intentions to defraud and injure such person, from the act of forging, or knowingly passing such paper. Bailey on Bills, 442, Am. ed. 386; Russell and Ryan, 169, 291, 2; 2d Taunt. 333, 4. It is not necessary that there should be any actual injury sustained or fraud practised in fact, on the person who was the subject of the meditated fraud or injury; this part of the offence consists in mere intention, and if that intention can be consummated the offence is complete. It is enough that it may probably or possibly be done. 2d Str. 749, 2d L. R. 1469, 2d W. Bl. 787, 4th Wash. 727, 2d Taunt, 333. The operations of the Branches are carried on with the funds of the corporation by officers of its appointment and under its regulations: they are its agents capable of binding it by their contracts; all their transactions are for the benefit of the Bank, who cannot disavow them unless in a clear case of an access or abuse of their own powers, under such circumstances as would invalidate the contract of an agent of any other corporation or an individual. Any business may be done at the Branches in relation to the discounts and deposits which may be done at the parent Bank; it is liable to depositors for all balances due at the Branches, for all drafts, orders or checks drawn by its officers on their own Cashier, by their own authority. The act of establishing a Branch is per se the creation of an agency; it is an authority not only to the extent of the regulations under which their agent acts, but to the extent of all acts and transactions of the officers of the Branches, which the Bank have been in the habit of adopting and confirming, on the same principle that individuals are liable on the contracts of their wives and servants, who have been permitted to deal on their credit; and in their names; or a merchant whose clerk is in the habit of writing letters,signing notes, bills and checks in his name, though without any written or express authority, by the adoption and recognition of which he authorises the public to consider his clerk as his agent, authorised to do in future what he has been in the habit of doing with his knowledge and assent. It would be strange indeed that the Bank should not be liable for checks or orders drawn by its agents at their own Branches, which not only form a very important item in the currency of the country and the operation of the Branches, but which the Bank have for years daily ratified and sanctioned by their payment: the uniform course of business transacted between the Bank and its Branches, furnishes such a strong legal inference and presumption of its being authorised by the regulations under which they have been established, that the burthen of proof to the contrary is clearly thrown on the Bank or any other person who would attempt to show that the paper was not obligatory upon them. It would be a severe reflection on the Bank to suppose that they would for a moment refuse payment of these checks and orders, and our system of jurisprudence would deserve little of public respect or confidence if the law would not coerce it. But the charter is not silent. The 8th fundamental article makes the Bank liable for all debts, though they exceed the amount limited,-the 14th makes the offi ces of discount and deposits its agents,-the 16th sections makes the Bank the depository of the public money, and imposes on it the obligation of transferring, distributing and paying in under the directions of the The passing of this order or check is alleged to be Treasury, and by the 17th article, the Bank is bound done with intent to defraud the Bank of the United to pay in gold and silver all its notes, bills and obligaStates; it therefore becomes necessary for us to inquire tions, and all deposits in the Bank or its offices,-and whether the Bank might or could be defrauded or inju- the proviso enacts, that Congress may enforce and rered if the paper was genuine. By the 14th fundamen-gulate the payment of other debts under the same petal article of the charter of the Bank, it is bound to es- nalties as are prescribed for the refusal to pay its notes, tablish Branches in certain cases. It is authorised to es- bills, obligations and deposits. The mode in which the tablish them wheresoever they may think fit, within Bank contracts a debt, the shape it assumes, or the plathe United States, and to commit the management and ces where contracted, is of no importance. The offices the business thereof to such persons and under such re- being its agents, the debts contracted by them become gulations as they may think proper, not being contrary the debts of the corporation, imposing a duty to pay to law or the constitution of the Bank; or instead of es them, which may be done at or by the Branches of the tablishing Branches they may employ other Banks, with Bank. If the payment is made in coin, the debt is the approbation of the Treasury, to manage the busi-extinguished; if made by a draft, or check, the debt reness proposed, other than for the purposes of discount, under such agreements and under such regulations as they may deem just and proper. It thus appears that the branches are legitimate em mains until they are actually paid. Unless the holder expressly takes them as payment, and at his own risk, they create a new duty or obligation, which the Bank is as much bound to perform as the old one for which it INDIAN AFFAIRS. [Continued from page 296.] 323 is intended to make satisfaction. It is a matter of mu-ly defrauded, and the indictment would be sustained if it tual convenience, whether the old debt or duty shall be was so laid, yet it does not follow that there was not extinguished by payment or taking paper, whether in also an intention to defraud the Bank. In our opinion, the promissory notes of the Bank, or orders or checks the facts of the case amount to an intention to defraud drawn upon it. They may be in large drafts or orders both Burke and the Bank,-that the indictment would for remittance, or small ones for currency or circulation, be good in law and supported by the evidence, if the and in any form, with or without ornaments, devices or offence was said to have been done with the intent to marks. Whether they resemble in these particulars the defraud either or both, and therefore instruct you that notes of the Bank, is immaterial,their substance and legal the allegation of the indictment in this particular is sufeffect are the same; they create a new debt or duty, ob- ficient in law, and made out by the evidence, if you beligatory on the Bank. It is bound to honor all the pa- lieve the witnesses. per which it issues or gets into circulation by its authority or agents. Paper of the kind now under consideration, can be put into circulation in no other way than by being issued in payment of a debtor or other equivalent. If, on the requisition of the Treasury, an offi cer of the branch at a place in which public funds were deposited, should draw his order on the cashier of the Bank or any Branch at a place to which it was required to transfer them, or in distributing the public money among public creditors, and disbursing officers of the overnment, paying salaries, pensions or the public debt, should as a matter of mutual convenience and consent, give drafts, orders, or checks, either for remittance or circulation, on the Bank or another Branch, the Bank would be as much bound to pay them as they would to pay the same amount to an officer or creditor of the government, who would deposit to his own credit the amount thus received through the Bank. The same rule would apply to an individual depositor, a creditor of the Bank, or one who had an order or check on them, and would receive payment in the shape of Branch orders, so, if a Branch makes a contract of discount, and pays the proceeds by drafts on the Bank, or any other kind of paper to suit their convenience, these obligations necessarily result from the contracts of deposit and discount. But there is another contract equally binding--that of purchase and exchange. An individual desirous of procuring a medium of remittance or circulation, exchanges with a Branch his gold, silver or any paper which they accept, as an equivalent for their drafts, orders or checks, large or small, as the case may be, stands in the same position to the Bank as previous creditor, depositor or holder of any demand upon them. He pays his money unto the coffers of the Bank, who receive it from their agents as the product of the contract made by their drafts and orders, all the profits of which go directly to the Bank. To refuse payment in any of these cases, would be a fraud too palpable to be tolerated-wholly repugnant to every dictate of justice and rule of law. The Bank then being liable to pay paper of this description if genuine, it follows that the forging or knowing ly passing it, could and might be intended, and operate, to defraud the Bank. This raises the legal inference and presumption that such was the intention of the accused. When the law infers or presumes a fact,or an inteation as resulting from the evidence, a jury may and ought to find it as if it was in direct proof before themthe inference and presumption of the payment of a bond after 20 years, without demand or payment of interest-the existence of a deed of land after 30 years possession-the malicious intent which is implied from the act of speaking or publishing scandalous words in civil cases the inference of malice aforethought which the law draws from the unlawfully killing of another not explained-the inference of larceny from a man being found in the possession of stolen goods and not accounting for them, and what you have heard in this case, the legal presumption of the accused knowing the order in question to be forged-drawn from his having passed another forged order of the same description, are among the familiar cases where a jury ought to and will take legal inferences, when not rebutted by positive testimony. The jury will so view it in this case, and though they may think that there is direct evidence of the intention to defraud Burke,and that he was actual The 19th of the seventh month, Captain Newcastle and John Pumpshear returned to Philadelphia from Teaogon and acquainted, the Governor, that in consequence of the message he had sent by them, Teedyuscung the Delaware king with about 30 of his people were come to Bethlehem, and were waiting there in expectation of seeing the Governor, or of receiving his orders to come forward hither to have a Conference with him. The Governor immediately by a message acquainted the Assembly of the necessity of holding a Treaty with these people, that as a cessation of hostilities had been agreed on, the terms of a lasting peace might be settled &c., in consequence of which the Assembly appointed two Commissioners to attend the Governor to the Treaty, and voted £300 towards the expenses of it. And Capt. Newcastle and Pumpshear informing several Friends in this city, that the Indians having heard that the first proposals of pursuing pacific measures were made and promoted by Friends, it would be absolutely necessary by attending the Treaty with some things necessary for their relief, to convince them of the sincerity of our professions of friendship and desires to be instrumental in restoring and establishing peace, in consequence thereof. On the 20th, several Friends met together and unanimously agreed, that it would be necessary to enter into a subscription, to raise a sum of money to defray the charges, which have already arisen, and what will now immediately become necessary, and likewise to provide such a fund, that in future occasions we may be enabled to promote the interest, welfare and peace of our coun try by contributing towards the expenses of treaties with the Indians, in such manner as may appear to be most conducive to the public good, and tend to improve the confidence the Indians have repeatedly and especially of late, expressed in men of our peaceable principles and after several conferences, On the 22d, the following preamble of a Subscription was agreed to, viz. "We the subscribers from a consideration of the necessity of regaining and preserving the friendship of the Indians, who were the native inhabitants of this country, and being in hopes the pacific measures lately proposed may have that good effect, in order to demonstrate our hearty concern to maintain the principles of peace and good will we have professed to them and to contribute our assistance towards so important a service in a manner consistent with our peaceable principles, do hereby promise aud oblige ourselves, our heirs, executors and administrators, to pay unto Anthony Morris, John Reynell, Jonathan Mifflin, Jeremiah Elfreth, Jeremiah Warder, Israel Pemberton, Joseph Morris, William Fisher, Charles Jones, James Pemberton, Joseph Richardson, Abel James, Thomas Say, Joshua Emlen, Owen Jones and Samuel Sansom, or their order the sums by us respectively subscribed within 12 months after date hereof together with lawful interest for the same, to be employed for the purposes aforesaid and we do agree and direct the said persons before named, within four months after date hereof, to appoint a time and place for a general meeting of all the subscribers, and notify the same by an advertisement in the Gazette or otherwise, in order that at such general meeting a treasurer and trustees be appointed for executing this trust and for regulating their trust, authority and duty, and a proper method be settled, in which the treasurer and trustees may be obliged to render their accounts annually, and be made answerable for such sums of money as may be contributed for the purpose aforesaid." And upwards of twelve hundred pounds was immediately subscribed. It was likewise agreed that some goods be purchased by Jeremiah Warder, Abel James and Israel Pemberton and a wagon hired to convey them to the place where the Treaty is to be held, and that as many Friends as can go, be encouraged to attend it; after which Israel Pemberton waited on the Governor and acquainted him of our intentions of waiting upon him at the Treaty, and taking with us a small present for the Indians. On the 23d.-The goods being provided were sent by Henry Shittle's wagon and upwards of 20 Friends set out on the journey, and on the 24th arrived at Bethlehem, where we were informed that the Indian King and his company were waiting at Easton, in parsuance of the Governor's first directions, and that the Governor, his Secretary and one of his Council were going thither to meet them. [NOVEMBER public consideration, with which they desired the Gor- and his attendants, and we were informed that the King On the 25th.-We went forward to Easton, and soon after our getting there Anthony Morris, John Evans, William Brown and Israel Pemberton, waited on the Governor and acquainted him that 20 Friends and upwards, were come from Philadelphia in order to contribute what may be in our power towards promoting the work of peace which we are desirous of doing, in a manner agreeable to the Governor. At the Govern-dians this day dined with the Governor and his Council or's lodgings we first saw Teedyuscung, who on our coming in immediately expressed his regard for, and confidence in the Quakers. We afterwards called and shook hands with him at his lodgings, and he expressed great satisfaction in seeing us, and said Newcastle had told him of the Quakers, and that they would come to meet him, which he now found to be true, and that now he saw them he felt it to the point of his heart and should not say any thing to the Governor, unless the Quakers were present. To avoid giving offence we did not stay five minutes with him.* The Governor and his attendants about ten o'clock attended their public worship, where parson Peters, his Secretary, preached to them. In the afternoon Friends had a satisfactory Meeting in the same place, at which Benjamin Trotter, John Evans and William Brown, had very seasonable and acceptable service, and there appeared some grounds to hope the minds of many would be suitably prepared for the succeeding business. In the evening the wagon with our goods arrived, which were deposited in a vacant house, where we had liberty to lodge, the blankets intended for the Indians serving us for beds. In the evening the Indian King and most of his attendants came uninvited, and supped at our Inn, from whence, with some difficulty, we persuaded them to return to their lodgings, immediately after supper without taking a drop of strong liquor, and they promised wholly to refrain from it, that the next day they might be fit for business. 26th. This morning Newcastle and Pumpshear came and acquainted us that the Indian king and his company who had been drinking intemperately several days before were now sober, and the king said his head and heart were clear and ready to enter on business. And they freely expressed their sentiments on several matters which they expected would be the subject of * Soon after our coming to town we were informed that the Governor had given orders that no person should speak with the Indians, and a guard was set near their lodgings to prevent it. After this we thought of inviting the Indians to dine with us, but on hinting it to one of the Governor's Council, after he had taken an opportunity of speaking with the Governor, we were informed the Governor did not approve of it, and we therefore declined it. Captain Reynolds from Fort Allen, this day informed us he had intelligence there were about twenty Indians seen in that neighborhood, by which some of the people were much alarmed, and had fled from their plantations, upon which we renewed our application that messengers might be sent to invite these Indians to come in, being a party left behind by Teedyuscung, who we were ap prehensive might by his staying longer than expected, be tempted to commit some irregularities, but we could not succeed therein. 27th. Conrad Weiser came and the opening the Treaty, &c. were considered and concluded on, but the Governor went out a fishing, and the Indians spent the day in drinking so much as to render them unfit for business. In the morning, Friends met together, and unanimously agreed to attend the service we were engaged in, and that none should depart without first notifying his intentions to the company and obtaining consent fand likewise agreed that Anthony Morris, John Evans, Wm. Brown and Israel Pemberton should wait upon the Go At this time, and all times before and since the Treaty, the Moravians at Bethlehem, are allowed to entertain such Indians as they please, and to have the liberty of freely conversing with them, though the Quakers, in this arbitrary manner, are forbid at the time, the Governor knew they came solely to promote and assist in the restoring peace; and the lower class of people are permitted to curse, swear and rail at them and endeavour to incense them against us, within their hearing, which appears to be very offensive to them. Nearly forty of us then together. |