the proprietaries and Gov. by information thrown out from time to time in Sowers's newspaper and particularly in those of the 16th and 29th Aug. wherein was given a false representation of ye late transactions of this Government with Indians & a suggestion as if their hostilities were owing to proprietary covetousness in not paying them to their satisfaction for their lands.And further that the back inhabitants not only Germans but those of other nations in their discourses with one another expressed themselves in a very disaffected manner intimating that it would be the most prudent measure they could take in case the French and Indians should continue to have so great success to propose an accommodation on condition of being rendered secure in their possession. But no proof having been sent by Mr. Weiser on which prosecutions could be founded it was recommended to him to be very attentive to what was passing in the back counties and if possible to fix the disaffected speeches on particular persons in order that they might be legally prosecuted.

Sep. 9. Bill for striking £60,000 presented to Gov. but considered by Gov. and Council as contrary to royal and proprietary instructions as well as to the equitable construction of the limitation of five years put by Parliament to the emission in the eastern colonies." "As to the royal instructions (the Gov. observed) he was advised by the proprietaries who had consulted the ministers and other lords and gentlemen not to insist on it if in other respects the money bill should be free from just objections." Proclamation for suspending hostilities continued another month.

Sep. 11. Conference between Gov. and Committee of Assembly on the money bill in which the Gov. makes ten objections.

Sep. 14. Reply of Assembly. Bill sent back reject. ed.

his majesty requires and the mother country expects on your part.

1. That each province and colony respectively and separately do provide all such charges as arise from furnishing quarters and necessaries allowed in quarters by act of Parliament in furnishing carriages, sloops and all other necessary means of conveyance for his majes ty's troops, whenever such troops shall be stationed within or shall be marching thro' such province or colony. These charges being peculiarly local and arising within the province.

2. That a general fund be established in North America by monies raised in all the colonies collectively to be issued and applied for such articles of a general concern as come properly under the general service, in such manner as the commander-in-chief shall direct. And that each Province and colony do accordingly appropriate to this general service such sums as shall be raised for his majesty's use for ye defence of ye colonies. One article of which general service his majesty is pleased to specify to be the making provision for the enlisting money of such levies of men as his majesty has directed to be raised in N.America for your defence: and also for re-imbursing the masters of such indented servants as shall be legally enlisted in his majesty's service according to an act of Parliament passed this last session. I do therefore as I am directed by his majesty's commands demand of your province in the above matters. "To the R. H. the Lords of ye Com. of his Majesty's most high Privy Council for plantation affairs. My Lords, Pursuant to your lordships orders of the 12th of last month we have had under our consideration the petition of sundry of his majesty's dutiful and loyal subjects inhabitants of the province of Pennsylvania in behalf of themselves and others setting forth "the distressed and defenceless state of that province and humbly praying that his majesty would graciously condescend to take their condition under his wise and princely con

Sep. 18. Bill for £30,000 which Council recommend Gov. to propose one for £15,000 to be sunk in five years. House refused to agree and insisted on the fore-sideration which upon enquiry will be found to be singoing or none other.

Letter from Col. Armstrong, Fort Littleton, Sep. 14, 1756, containing an account of his march from Fort Shirley on the 29th ult. for the Indian town of Kittanning which he attacked on the morning of the 8th and burnt with a large quantity of goods presented them by the French shortly before-a great stock of ammunition &c. In this action Captain Jacobs and from 30 to 40 | warriors were killed, and a number of prisoners released; Col. Armstrong had several men killed and wounded.

Sep. 21. Bill for striking £30,000 was passed into a law.

War was declared in England against the French on ye 17th May, 1756.

October 15. Assembly met. Letter from lord Loudown, Albany, 22d Sep. to Gov. D. "his majesty having entirely taken out of ye hands of the Governments and Governors all right to treat with, confer or make war or peace with ye 5 nations or any of their allies or dependents and having reposed this trust wholly and solely in the hands of Sir W. Johnson, his sole agent for these affairs under my direction, I do hereby for ye future forbid you or your government from confering or treating with these Indians in any shape or on any account whatsoever and I do direct that whatever business in that branch of his majesty's service shall arise to your Gov. or province you do refer it and put it into the hands of his majesty's sole agent, who will according to the powers with which he is invested negociate and settle such matters in the way his majesty has directed. Request ing this Governor to lay and continue an embargo on provisions. "As his majesty is graciously pleased to support and send over to these parts of his dominions for the defence of the good people of North America so large a body of troops; and as a great a part of the expense and charge is borne by the mother country. It is proper you distinctly and precisely understand what

gularly distressing and grevious and that his majesty would further be graciously pleased to interpose his royal authority that this important province situated in the centre of his majesties American dominions may be put into a posture of defence," and having been attended by Mr. Paris solicitor for the petition with Mr. York & Mr Forrister his council and by Mr. Joshua Sharp, solicitor in behalf of the Assembly of Pennsylvania with Mr. Henly and Mr. Pratt his council, and by the agents of the said Province and several of the persons called Quakers, and heard what the respective parties had to offer therefore, we beg leave to report to yr lordships, That no evidence has been laid before us on the part of the petitioners tending to prove the facts set forth and alleged in their petition, but as the defenceless state of the province arising from the want of a proper militia and forts and places of strength has not been controverted by the counsel for the Assembly and as the invasion of the French who have forcibly possessed themselves of a fort built by his majesty's subjects within the actual limits of this province and the ravages and devastations of the savage Indians upon their frontiers are facts well known to your lordships, we apprehend your lordships will not require such legal proof of them as might be necessary upon a question of less public concern and notoriety.

This is not the first complaint which his majesty's subjects inhabitants of that province have made of the distressed state of it arising from the Assembly's neglecting to make proper provision by law for putting it into a posture of defence in times of danger and hostility.A like complaint was made to his majesty in the year 1742 upon an examination into which it did appear that no laws had ever been enacted in that province for ye defence of it, for the building of forts, for raising or training any militia, or in general for providing against any danger from without, either by Indian parties or other enemies, will more fully appear to your lord

1830.]

RECORDS OF PENNSYLVANIA.

ships from the annexed copy of a report of this board to the lords of the Com. of Council on the 8th July, 1742. The same system of inaction and neglect of ye public safety has ever since prevailed and been pursued by ye Assembly notwithstanding the many frequent exhortations made to them from time to time by the crown, by their Governors and by their fellow subjeets, to provide for the security and defence of ye Government.

The reasons urged by the Assembly in the year 1742 that by a charter of privileges granted them by their first proprietor and by their own laws they were exempted from military service: that they had till then subsisted without forts or militia: that being a peacable people they had not given offence to their neighbours: and as their neighbours had never till then molested them, they apprehended they might subsist in security without any military force, and that in case of any emergency the proprietor was obliged and by his charter impowered to defend them; but upon enquiry and examination it was found that neither that charter of privileges nor any laws then existing gave them such right of exemption from military service and that it was observed that the proprietor was no more obliged to be at the expense of defending them in case of emergency than the Gov. of any other colonies who had the like power in their commissions.

327

arms themselves to find others in their stead or to provide for such as might by the executive power be found ready and willing to enlist. The whole is voluntary both in respect of enlistment and of the subsistence of those who shall be enlisted, the officers are elected by ballot & no provision is made for that due subordination without which all bodies of people associated for military purposes would be absolutely useless; but these are not the only defective and mischievous provisions of this law, for it is enacted that no person under 21 years of age should be enlisted by which means many able bodied men fit for the service of their country as soldiers would be excluded, and that no regiment, company or party shall be compelled or led more than three days march beyond the inhabited part of the province nor be detained against their wills longer than three weeks in any garrison let the necessity of the case be what it will; a proviso, which instead of rendering this militia effectual to the purposes of defence may be the means of encouraging desertion and sacrificing such of the kings troops as may happen to be joined with them in the same service. But were the provisions of this act ever so good and proper yet little advantage or benefit could be hoped for from a law in ye preamble of which it is declared that the majority of the Assembly which is in effect the governing part of that province, in As the Council, however, for ye Assembly have again which it is to operate and from whom his majesty's substrenuously insisted upon the efficacy of the military jects ought to receive support and protection are prinpower to Mr. Penn by his charter and the obligation he cipled against hearing arms, and that the making a law is hereby under to provide for the defence of the prov- to compel persons thereto would be to violate a fundaince, it may be necessary to observe that this power mental of ye constitution, and be a direct breach of the great as it is in words can have no effect or operation privileges of ye people. Upon the whole we are humwithout the aid and concurrence of the Legislature by bly of opinion that ye legislature of every country is in enacting penal and compulsory militia laws and by a duty bound by the original constitution, frame and comproper and constitutional appropriation of money to pact of Government to support and defend that governmilitary purposes, and this opinion is confirmed by the ment and those who are subject to it; that the Assembly practice and usage in all other colonies whether the Gov. of Pennsylvania is in no degree exempted from this genbe by charter or by commission from ye crown; in both eral law of nature and society; but on the contrary is owhich cases notwithstanding the person intrusted with bliged by the charter which cannot be carried into exthe execution of government has the same power as the ecution without such aid and assistance; that the measproprietors of Pennsylvania; yet no militia could have ures alledged by ye Assembly to be intended for this been or ever was framed, or military services executed purpose are improper, inadequate and ineffectual; and without an act of the Legislature. It has been indeed that there is no reason to hope that proper or effecinsisted upon by thecounsel for ye Assembly that the tual measures will be taken while the majority of the proprietor has in ye present exigency received proper Assembly consists of persons whose avowed principles aid and support in the exercise of the military powers are against military services however necessary for the in his charter from the Assembly who have lately passed security and defence of Government, who have declartwo laws, the one for granting £55,000 to the kings use; ed by public acts that it is a violation of a fundamental the other for regulating such persons as are willing and of the constitution and a direct breach of privileges to desirous to be united for military purposes. These laws compel persons to bear arms or to find or provide for your lordships have been pleased to refer to us by a sep. such as will do military service in their stead, and who arate order; but we think it our duty at present to trou- tho' not a sixth part of ye inhabitants of the province, ble your lordships with some short observations, because are yet contrary to ye principles, the policy and the upon the merit or demerit of these laws the force or weak-practice of the mother country admitted to hold offices ness of the arguments which have been attempted to be drawn from them will in your lordships judgment in great measure depend. By the first of these laws the money thereby to be raised is to be placed in ye hands of a committee of the Assembly to be applied by them "for supplying friendly Indians holding of treaties, relieving distressed settlers who have been driven from their lands and other purposes for the kings use;" but not one word is said of military service, and tho' it has been argued that the words other purposes will admit of such a construction and application, yet when it is considered that the Committee which has ye sole power and direction of this money is part of and constituted by an Assembly principled against military service there is little room to hope they will put such a construction and application. As to the other law it is in every respect ye most improper and inadequate to the services which could have been framed and passed, and is rather calculated to exempt persons from military services than to encourage and promote them. No methods are prescribed for compelling persons by proper penalties to associate in defence of their country or for obliging those who are conscientiously scrupulous of bearing

of trust and profit, and sit in the Assembly without their allegiance being secured to ye Gov. by the sanction of an oath, and therefore we see no remedy to the evils so justly complained of by the petitioners unless by the interposition of an act of the British Legislature agreeable to the opinion of his majesty's Attorney and Solicitor General when the defenceles state of this province was under your lordships consideration upon a report from this board on the 7th Nov. 1744, a copy of which is hereunto annexed Dunk Halifax, J. Talbot, Soame Zenyns, Richard Rigby.

On the 7th of July were repealed by the king in Council two acts, 1 for extending an act of Parliament to punish mutiny &c. 2. The act ordering such as are willing and desirous to enlist.

Oct. 18. The Governor related "that he found the frontiers in a deplorable situation. Fort Granville being burnt by the enemy; Fort Shirley evacuated by his order and the country people dispirited and running into little Forts for a present security." An order was given to have them immediately examined that such as were well plan'd and tenable might be continued and the rest demolished.

here was to deliver up their prisoners and conclude a peace so that it would be vastly injurious to his majes ty's interests to refuse now to treat with them or turn things out of their course as agreed upon in ye former treaty, and that this necessity would appear plain to L. Lowdoun and justify ye Gov. in going and treating with them, matters being in these singular circumstances." Recommending consulting the Assembly which the Governor did by message asking their advice. The Assembly reccommended an interview with the Indians and presents to be given and peace concluded; but the Indians to be informed it must be ratified by Sir W. hereafter no separate peace would be made but it must be a general thing. C. Weiser was therefore sent to Easton to invite the Indians to come to Philadelphia; but Tedyuscung refused and requested the Council to be held at Easton.

November 3. The Governor expressed great dissatisfaction at this journey, thought it ridiculous to hu mour the Indians in such a manner and that no treaty should be held with them out of this city. However since it was deemed necessary he would tho' unwillingly undertake the journey and invite the members of Council to accompany him. Some of the Quakers desired leave to attend also and to send presents given by the friends which was granted.

Nov. 8. Conference at Easton began. Tedyuscung, 4 of the 6 nations, 16 Delawars, 2 Shawanese, 6 Mohaicons and an Indian interpreter present. Other parties of Indians waited at some distance the result; having authorized these to act for them. Several days were spent in conferences and speeches and a peace concluded. October 29th, letter from Sir Chs. Hardy. "Some members were of opinion that the letter should be laid before the Assembly and some thought otherwise."

Oct. 19. Messrs. Kirkbride, Hoge, Dicks and Pennock (members of Assembly) "understanding that the ministry have refused the Quakers who from the first settlement of this province have been the majority of Assembly of the province to suffer their seats during the difficult situations of ye affairs of the colonies to be filled by members of other denominations in such manner as to prepare without any scruples all such laws as may be necessary to be enacted for ye defence of the province in whatever manner they may judge best situated to the circumstances of it, and notwithanding we think this has been pretty fully complied with at the last election yet, at the request of our friends, being wil-Johnson before it would be generally binding, and that ling to take off all possible objection, we who have (without any solicitation on our part) been returned as Representatives in this Assembly request we may be excused and suffered to withdraw ourselves and vacate our seats in such manner as may be attended with the least trouble and most satisfaction to this Honorable House. Oct. 16. In consequence thereof new writs were issued for Bucks and Chester whence they came. Accounts from C. Weiser and others, that the Indians had again broke into Berks and Susquehanna counties killing and scalping. Oct. 29. Accounts received from Fort Allen that Tedyuscung was come within the inhabitants and had with him 30 Indians, a hundred of the company that sat out with him from Diahogo staying behind at a little distance from Fort Allen with design to see what reception their chief met with. The Governor observed the absolute prohibition he was put under by L. Lowdoun's letter, declared his unwillingness to treat at all in violation of such a direct injunction from his majesty and tho't it best that Tedyuscung should come to Philadelphia be kindly received, have proper presents made and be referred to S. W. Johnson. But as the Governor was a stranger to the transactions of this government with those Indians & to their importance, he requested advice. Nov. 24. The letter again read and proposed to be L. Lowdoun's letter was again read and many objec- laid before the House with a proper message, but the tions were made upon the style as well as matter by one members still differing in sentiments whether it would or other member of Council who spoke in their order be of any use. Nothing further was done than the Govand gave their sentiments at large which were, in sub-ernor's desiring the Attorney General to consider what stance, that the Royal charter gave the proprietors an was in his power by law in time of war respecting prohereditary and full right, power and authority of treat-hibitions of the press and the punishment of pering with the Indians and declaring war against them if sons who in time of war publish intelligence. thought necessary; and in consequence of this charter the late and present proprietors had held many treaties as well at Albany as in their own province with the six nations and all the tribes of the Indians living in this province or in any wise connected with them. They had by their kind usage, and repeated treaties and fair and open purchases of their lands preserved them steady in their fidelity to his majesty, and the English nation. That his Lordship should have favored the Goy. with an authentic copy of his majesty's orders to him on this subject, and of his majesty's commission to Sir W. Johnson, both which the Gov. had a right to inspect and it was their duty to do it before coming to any resolution on 'a point wherein the rights of the proprietors by charter, the powers inherent in every Governor by the safety and well being of this province were so intimately concerned. It was thought a power derived from his majesty under the great seal could not if at all be superseded by a less authority than the great seal, so that it was absolutely necessary to be satisfied in what manner his majesty had signified his pleasure to L. Lowdoun as well as precisely what it was. It would by no means consist with the Kings service in this time of war to encourage the Indians to come and treat with this Gov. at any time without first acquainting the Commander-in-chief of his majesty's forces with it and leaving it to him to fix the time of such treaty to the end it might not interfere with or in any wise prejudice the military operations. The Governor was made acquainted with the substance of what passed at the late treaty held by Governor Morris with Tedyuscung and the Dialogo Indians and that their present business

Fort George, New York, 25th Oct. 1756. Sir, I have for some time observed the newspapers printed in ye several provinces are not only filled with intelligence of the enemies motions but also those of his majesty's and provincial forces. It is an old maxim and very properly so of the most able and experienced Generals to cover his motions from ye enemy by feints and counter marches and in all things if possible to keep his intentions secret from them. This can never be done while the printers take a liberty of communicating to the public by means of their papers every march the forces take, when convoys of provisions are going and to go to the army, and what intelligence is obtained &c. Surely they may be said to be the public intelligencers to the enemy and that they have spies that will make all advantages of this evil for so I must call it, I cannot doubt nor can I conceive it to be advisable or prudent to inform the enemy in this public manner that we are acquainted with their strength, situation, &c. it must certainly put them upon their guard on all occasions; any distresses or difficulties they may be under when known and so published may defeat any attempts upon them. In short as many bad consequences must attend the public service if this practice is not restrained, I shall hope you will concur with me in taking it into your consideration and use such means as you judge best to stop it for the future. If it is not general, it will be to little purpose for one colony to do it. I am endeavoring to prevent it here, and tho' I am aware how clamorous the world is in being denied the liberty of the press, that shall not discourage me, as I am certain such a licentiousness is incompatible with the public service,"

REPORT OF MAGDALEN SOCIETY.

Nov. 24. Letter from Ld. Loudown expressing his Dec. 18. A warrant was made out on the 16th, to intention to send a battalion of royal Americans to Phil- the Sheriff to provide quarters for such as were not acadelphia for quarters and two Indian Companies to re-commodated, which Sheriff did not execute but shewcruit; and message of Governor to Assembly desiring ed so that it came to ye Assembly. them to enable him to provide them-a Quarter Master being every day expected. Assembly ask of Governor by message "full copies of all such of his instructions as are of a public nature, and in any wise relating to matters of legislation; in order to prevent delays in passing the necessary laws. The Gov. sent "the only one of a public nature in any wise relating to matters of legislation which have not already been laid before you." December 8. Bill passed for the tavern keepers to furnish quarters "117 licensed public houses, excluding

Dec. 15. Accounts received giving reason to believe that some of the Indians who had been at Easton had murdered some of the whites on their return, and mak-manding a clear and precise answer to Colonel Bouing Tedyuscung's authority doubtful. Gov. acquainted quet's request of quarters, that he might send it by exCouncil that notwithstanding the orders given by him press to L. Lowdoun. "N.B. The Commissioners hav to the Magistrates and his messages to ye Assembly and ing returned their answer in the evening in which they repeated applications made by Colonel Bouquet to the gave him very strong assurances that all deficiencies in provincial Commissioners the king's forces still remain-quarters should be immediately supplied; sent an expressto L. Loudown with it."

Do. for improper conduct,

Which leaves now in the Asylum,

4 asylum. The managers apprehend it would not be easy to point out objects wherein the means of the benevo17 lent could be more usefully applied.

13

30 The Magdalen whose death is noticed above, was an interesting young woman, an orphan, deprived of both her parents at four years of age, who did not appear to have been long the victim of guilt; but having, through confiding affection, been induced to forsake the way of innocence, was left by her seducer to sink deeper and deeper into infamy and sin, until she became a public burthen. At this period she was awakened to a sense of her state, and on being received into the asylum, gave fair promise of permanent reformn; but in a little time after admission, was seized with a violent fever, accompanied with stupor, and though well directed endeav-pearances of reform sometimes may gain admittance inors of the physicians and matron were resorted to and sedulously continued for her relief, yet in about four days illness she was a breathless corpse; thus impressing on all acquainted with her melancholy history, the need there is to be always ready, "for in an hour that ye think not of, the son of man cometh."

Notwithstanding long proof of sincerity was not granted to this young person, nor did the violence of the attack permit much expression from her lips, yet her steady consistent deportment in the asylum, was such as to induce the managers to hope she happily experienced a place for repentance. As heretofore in such cases, care was taken to have her remains decently in terred.

The orders upon the treasurer of the society have this year amounted to $1086 13. Being for provision,

$491 42
75 90
61 38
16 01
15 65
301 00
124 76

$1,086 13 Since last report the earnings of the Magdalens have been charged at $209.76, besides the domestic employments of the house and a considerable amount of labour necessary in preparing the articles for the families who have sent their work to the asylum. Such is the unhappiness of those who have walked in the paths of pollution, that their powers of mental perception, appear to be peculiarly weakened; and they are frequently observed to judge of acts and their consequences by false standards, and though the voice of mercy oftimes proclaims the sinfulness of sin, and imparts the desire to experience a change of heart and of life, yet unsubdued tempers, subtle persuasion of others, and the deceitfulness of the human heart, present powerful obstacles to perseverance in the ways of rectitude: hence it may seem that the results of the year are not commensurate with the expectation of the society and its friends; yet the managers have often been encouraged by the declarations of our Holy Redeemer that there is joy even in Heaven over one sinner that returneth and repenteth, and they note with satisfaction that although at the commencement of the year, the Magdalens were unusually few, yet that the same number as last year have been placed at respectable service, and they believe several of those now remaining are truly penitent and are endeavoring in simplicity and sincerity to lead new and holy lives. But they are again constrained to add that the want of accommodations which would permit the magdalens to be classified are still painfully felt, and until such buildings are erected, they are sensible their best efforts as well as most animating hopes will probably be frustrated in various cases: they therefore earnestly desire to press the subject again upon the consideration of the society and the numerous friends of the

The return of the Magdalen to the paths of rectitude, as has been before observed, is truly difficult, hence it is peculiarly important that when through divine mercy desires have been raised in her heart, however feeble to forsake the evil of her ways and to lead a life of virtue, that these aspirations should be sedulously cherished, and that the repentant individual should be totally separated from association with those who would be likely to check her progress in the way of conversion, and lead her again into the paths of iniquity. The Managers are careful to use all the means in their power to guard against the dangers to which they have just alluded; but when it is recollected that females of abandoned dispositions, by false pretences, and suspicious apto the asylum, all the vigilance which can be used and that owing to the present limited extent of the buildings, classification cannot be effected, it must be manifest that those who are truly repentant and improving, must often be subjected to all the evils resulting from association and intercourse with the profligate and vicious. The only manner in which these defects in our institutions can effectually be remedied is by the erection of buildings sufficiently commodious to place the Magdalen upon the first entrance into the Asylum in a separate apartment, where the sincerity of their desires and professions may be sufficiently tested, previous to their introduction to the rest of the family.

It is with pleasure the Managers acknowledge the attention of our skilful Physicians, and the unremitting care of the Matron, and that the family has passed thro the year just terminated with but few attacks of indisposition, and they hope that by the late improvements in the vicinity of the Asylum by the direction of the Board of Health, the inmates of the house will experience less suffering from chills and fever, than has been noticed in the former communication.

Commending the charity and the unhappy wanderers who are the objects of its care to the notice and the protection of the Father of Mercies, as well as to the benerolence of those who feel the value of immortal souls, the Managers close their report.

ALEXANDER HENRY, Chairman of the Board of Managers.

Philadelphia, Feb. 2d, 1830.

John Geyer

VS.

George Williams,
Bartholomew Wistar,
Abraham L. Pennock,
Abraham Hilyard.

LAW CASE.
DISTRICT COURT.

New trial before Judge Barnes
May 3d, 1830.

The Philadelphia Bunk.
This was an action to recover the amount of a note
drawn by Watson, in favor of Thomas Scott, for
the sum of $1,067, with interest from Sd June, 1825.
The following were the circumstances of the case:-
The Philadelphia Bank discounted Thomas Scott's note
for upwards of 4,000, and the drawer placed Watson's
note in the hands of the Bank as a collateral security for
the payment of his own. In March, 1825, Thomas Scott
being in embarrassed circumstances, (his note to the