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May 8.--Some Indians arrived from Conestogo, that going forward as well as we could until the 27th, when had been sent for. They stated (in conference,) that Joseph Croker, one of our masons, was killed and scalpThis misfortune made they did not intend leaving Conestogo; tho' some had ed by six of the enemy Indians. gone to Susquehanna. They had thought of going to our people very uneasy. But, however, the battoes arSusquehanna to hunt and trade. Will, Sack, Chazrea rived next day with provisions, which enabled us to and others of them, gave C. Weiser the news as follows, carry on the work until we finished 10 houses, mostly brought by three Indians lately come from the Six Na- 20 feet by 14, in the clear, and one of them 24 by 16 of tions, viz: that it had been determined in Council, to squared logs dovetailed. We also ploughed some ground send messengers to the Ohio, St. Lawrence and Sus- for them to plant in, and split some rails to fence itquehanna, to prohibit the Delawares and Shawanese in after which they thought it proper to let us know, that Ohio, from striking the English. That it appeared like- as it was late in the season, and the grass grown very ly the Six Nations would attack the French, as soon as high, so that the ground when ploughed was not fit for they had prevailed on their allies. That the French had planting but in a few places, such as old towns and the in vain invited certain tribes on the other side Lake E-like, we might return until a more favorable opportunirie to go to war against the English; that "Tedyuscung is reported as one that wants to make English men of the Indians, and bring them under the English govern. ment, and reign over them as his vassals; that his way of acting was disagreeable to the Indians about Tiahogon; but because for the good work of peace, they suffer themselves to be advised by him.

May 12.-It further appeared that the Indians at Conestogo bad intended to remove to the neighborhood of Shamokin, to hunt, &c. and to be absent one winter; but now all was over.

The Governor promised them protection, and gave them provisions.

June 1.--12 Cherokees in Philadelphia; council and speeches; said they had come to fight with the Mohawks against the French, and desire clothing and provisions, which the Governor ordered.

Governor acquainted Council that he had received a letter from the Proprietaries giving their assent to the passing a late supply bill; and it gave the Governor much satisfaction that the bill passed was agreeable to the minds of the proprietaries.

June 5.-News from Diahoga, by a Bethlehem Indian, that the Indians on Susquehanna had got alarmed about the fort at Wyoming; believing it was a plan to cut them off, and take their land; and there was to be a great council at Onondago. The Indians were also offended at Cherokees and Catawbas coming hither; and were getting incensed at the English, and about moving nearer the French.

ty, which we complied with on Friday the 2d June, and got safe home on Tuesday evening following.

"I send you a French flag, which Tedyuscung took from Will Sock and his companions (Conestogoes). They came up to us as friends, although I now understand they murdered Chagrea (an Indian in the Pennsylvania service) and the Dutchman in Lancaster county, but we knew nothing of that, and therefore treated them as friends, and T. gave them an English flag."

Frederick Post, agent, sent with a message from the Cherokees to Tedyuscung, of peace and friendship,&c. Governor thanks Mr. Thompson and Mr. Post for their services.

July 5.—Francis Bernard, Governor of New Jersey, appointed by his majesty. He has a conference with Gov. Denny.

Accounts of murders and scalping in Berks county. Declaration from General Abercrombie, of June 25th, dated at Fort Edward, annulling the capitulation of Fort William Henry, in consequence of the misconduct of the enemy.

Last night Frederick Post returned, having gone to Wyoming and effected his object.

July 14.-Two Indians were prevailed on "to go as quick as possible to Ohio, and to observe what was doing at Fort Duquesne, and send off a trusty messenger from Beaver creek, with an account of the motions of the French and Indians-it being a matter of vast consequence that the conference should be known at Ohio with all possible care and dispatch, as well as that the Messages thereupon prepared to be sent to Tedyus- General ought to be furnished with true intelligence. cung, who was on the Susquehanna. The Governor Frederick Post was desired to accompany the Indians, was much at a loss for messengers, but Mr. Frederick and he readily consented to go. He desired some othPost, who spoke the Delaware language, happened to er white man might be joined with him, as it was a jourbe in town (one of the brethren of Bethlehem) and Mr.ney of much consequence and danger. This was thought Charles Thompson offering likewise to go along, it was reasonable-and he afterwards came to acquaint the agreed, and a set of instructions prepared. These mes Governor that Charles Thompson offered his services to sengers set out directly and went as far as the Nesco- go with him. The Governor objected to this, and told pecken Hills, where meeting with some Indians coming him he might take any other person, or he might apply to Bethlehem, they were informed of several parties of to Mr. Spangenberg at Bethlehem (to whom he should enemy Indians skulking up and down in the woods; have a letter) to spare him one or two of his best Indiwere advised to proceed no farther, but to send for Te- ans. Mr. Post approved, and was satisfied to go with dyuscung and deliver him the message, which was done. Pesquitomen (one of the first mentioned Indians) and On the 4th inst. Charles Thompson and Frederick Post Isaac Still." made a report to the Governor, of their conference with Tedyuscung and several other Indians, on the east side of Nescopecken mountain. He wished the messengers not go on, and that he was waiting to see what was going on with the Indians.

On the 2d inst. Mr. Hughes and Mr. Pawling returned from building the houses at Wyoming, and made report. "Sir, On the 15th May I proceeded agreeably to your Honor's request to build and plant for the Indians at Wyoming. And at Bethlehem I met my companion, Mr. Pawling, and the next day we marched with between 50 and 60 carpenters, masons and labourers, and after a very fatiguing journey arrived at Wyoming on the 22d, and next day put the hands to work. But as the battoes did not arrive from Fort Augusta at the time appointed, we were brought to very short allowance in provisions, &c.-indeed for several days we had no bread at all, which created a good deal of uncasiness amongst the men. But, however, we kept the business

Aug. 24, 25, 26.--Governor heard the petitioners and witnesses against Mr. Moore, and declared him perfectly innocent.

Sept. 5. House met and adjourned, not having a quorum, and again met.

Sept. 12. Governor recommended their furnishing seamen to Admiral Boscowen, whose presence would supply the use of the ship of war they had fitted out.

That the Indian affairs were in a good train, and a conference to be held at Easton.

Letter from Gen. Forbes, dated Fort Loudoun, Sept. 9, 1758, complaining of the want of carriages, which occasioned great distress; that a road had been finished over the mountains, without the enemy's knowing it, and without the troops suffering the least insult in cutting it. Every thing was ready for the army's advancing but carriages, and if they were not furnished he would be obliged to retire on the inhabited parts and take pro visions and carriages wherever they were to be found.

RECORDS OF PENNSYLVANIA.

Governor, by message, mentions it to the Assembly. deal of trouble to put them in order, and it was made Answer of Assembly to Governor, declining supply-on information given by the several Indians now present ing recruits for Admiral Boscawen's fleet.

Oct. 16. Answer of Governor-that Tedyuscung had come only as a messenger from 10 nations, and chief of the Delawares. That he never made Tedy uscung chief over them, nor did T. (in conferences) assumehe always called you his uncles and superiors. He was sorry if he had at any time assumed to be otherwise, &c. He disclaimed any right to make Kings for them; he accepted those they appointed.

Oct. 17. After the Menisink Indians also had promised to deliver up their prisoners (which included then all present) the warriors were to speak and Thomas King was appointed to deliver their words. He arose and delivered an exhortation as well to all concerned in public affairs Governors and their councils, Indian chiefs and their councils, as to warriors of all nations white people and Indians, desiring all present to attend carefully to what was going to be related, as matters of great consequence which would serve to regulate the conduct of English and Indians to each other. He added that the reasons going to be given had taken a great

ligence. The French, however, came and became our neighbors and you neither coming yourselves nor assisting us with warlike stores, our people of necessity were obliged to trade with them for what we wanted, as your traders had left the country. The Governor of Virginia took care to settle on our lands for his own benefit; but when we wanted his assistance against the French he disregarded us.

purchase. "On this subject you will therefore please to confer with them and settle the boundaries between you that they may release accordingly, before you leave this place and set your minds at ease. As to Tedyuscung's complaints "you know brethren that there is an old agreement between the proprietors and you that you will not sell any of the lands lying within this province to any one but them; and they never take possession of lands till they have bought them from the Indians. you know also that the United Nations have sold lands to the proprietors which your nephews the Delawares now claim as their right. This is the case with regard to some part of the lands lying between Tohiccon creek & the river Delaware which Tedyuscung the day before yesterday in your hearing said the proprietors had defrauded him of." The Indians requested the deed. It was produced and they said they well remembered it, and knew their chief who signed it, some were present now. They sold the land and were honestly paid for

Message agreed to by the Six Nations and the Governor, to the Ohio Indians, in answer to that by Piquitomen-requesting to protect Frederick Post, and send him safe back; that if they were earnest in desiring reconciliation, they would keep their young men from attacking our inhabitants; they would give orders that their people should be kept at a distance from Fort Duquesne, that they may not be hurt by our warriors; and leave the French and no longer help them, but go to their towns. Oct. 21. Governor of New Jersey agrees to give the Minisinks $1000 for their claims for lands, which was accepted.

Brethren, at this Treaty you justly demanded to see your flesh and blood (prisoners.) We have pressed this on our cousins the Minisinks and they by this string desired us to assure you, the Governors, that they would make strict search in their towns and sincerely comply with your request and return all the prisoners in their power. Then speaking to the Governor of New Jersey-Brother, our cousins the Minisinks tell us that they were wronged out of a great deal of land, and the English settling so fast they were pushed back and could not tell what lands belonged to them. We may have forgot what we sold but we trust to you the Gov-it. ernor of New Jersey to take our cause in hand and see that we have justice done us. We say that we have here and there tracts of land that have never been sold. You deal hardly with (us.) You claim all the wild creatures and will not let us come on your land to hunt for them. You will not so much as let us peel a single tree. This is hard and has given us great offence. The cattle you raise are your own. But those which are wild are still ours, and should be common to both. For our nephews when they sold the land did not propose to deprive themselves of hunting the wild deer or using a stick of wood, when they should have occasion. We desire the Governor to take this matter in his care and see justice done. Then speaking to the Governor of Pennsylvania. We must put you in mind that 4 years ago you bought at Albany a large tract of land over Susquehanna extending from the mouth of John Penn's creek to the Ohio. The proprietaries agents then paid 1000 pieces of eight, for the part which was settled by your people, that nave since been driven off and killed; we acknowledge to have received payment for those parts which were settled, but for the other part that we have not received payment for that we reclaim. Our warriors or hunters when they heard that we had sold such a large tract of land disapproved our conduct in council. So now we acquaint you that we are determined not to confirm any more than such of the land as the consideration was paid for and were settled, though included in the deed. They are our hunting grounds, and we desire the request may be granted and notice taken, that it was made in open conference. Then said they had done. Tedyuscung then spoke. "About 3 years ago 9 of the Goshen Indians (or Waping tribes) were killed at Goshen in time of peace." Repeated that from Tohicean as far as the Delawares owned the proprieters had wronged him. Wished to know the decision of king George upon it, as it was agreed to be laid before him.

Oct. 19. Governor Bernard spoke and promised to examine their complaint. Tedyuscung addressed the six nations, "Uncles, you may remember that you have placed us at Wioming and Shamokin; where Indians have lived before. Now I hear since that you have sold that land to the English, let the matter be now cleared up in the presence of our brethren the English." "I sit here as a bird on a bough. I look about and do not know where to go; let me therefore come down upon the ground and make that my own by a good deed and I shall have a home forever. For if you, my uncles, or 1 die, our brethren the English will say they have bought it from you and so wrong my posterity out of it. Governor D. promised to inquire of the Governor of Virginia for Squisatego. That the proprietors in consequence of complaints 3 years ago made at Albany to Sir W.Johnson had empowered C. Weiser and R. Peters, to execute a deed for the lands reclaimed by the Indians on their confirming the residue of the

Tedyuscung spoke, and said, having examined the deed (for lands beyond Kittochtinny) it was known well. Nutinius of their (Delaware) chief men had signed it; and one named Philip Compass, now present, got a part of the money. They agreed to it, and acknowledged it was fairly sold. They give it up and now confirm it. This is not the land I have disputed with my brethren, the English. That land lies between Tohicion creek and the Kittochtinny hills.

The Cayuga chief now spoke, and complained that instead of settling council business, they were kept hearing disputes about lands; and did not come to the chief point.

The messengers to the Ohio (Puquitomen, Thomas Hickman and others) took their leave.

Oct. 22. Mr. Frederick Post arrived with news from General Forbes, that a large body of French and Indians having attacked his advanced post at Loyal Hanna, were repulsed with loss on their side-which news he communicated to the Indians.

Oct. 23. Large quantities of goods delivered, hats, clothing, tobacco, &c.

Tedyuscung said no answer had yet arrived from King George; when received it would be immediately communicated. Put them in mind that New Jersey was now freed from Indian claims. Governor Denny takes leave. and thankful.

Indians all satisfied

Oct. 24. Messrs. Weiser and Peters execute the deed of release, and the Indians that of confirmation, and agreed to the map or draft annexed to the latter.

Oct. 26. Deeds acknowledged. As to Tedyuscung's request for a deed of lands at Shamokin and Wyoming, the Six Nations said they had not power; they would carry it home to be considered, in the mean while he might live on the lands; desired him to return his prisoners, which he ought to have done. "It was a shame for one who calls himself a great man, to tell lies." He must not now fail.

"Some wine and punch were then ordered in, and the conferences were concluded with great joy and satisfaction."

Nov. 6. Letter from General Forbes to Governor, dated Oct. 22, Raystown camp: “Sir, The heavy rains

1830.]

LAW CASE.

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that have fallen of late have rendered the roads almost eleven acres, with sundry buildings and improvements. impassable for carriages. These few days past of favor- Mr. Shoemaker was ready and willing to carry his conable weather have given things a more favorable aspect, tract into effect, and Mr. Roset was at the same time and every thing is in motion; the last division being to ready and willing to complete his purchase. About march hence to-morrow. My state of health continues this time the defendant, Royal, some how or other beprecarious; but not so bad as to occasion any stop to our came acquainted with the fact, that Mr. Roset, the plainoperations, which must now come to a speedy conclu- tiff, had entered into a contract for the purchase; and sion on account of the advanced season of the year. he wishing to purchase it himself, applied first to Mr. Necessary to leave a barrier. Number of King's troops Shoemaker, who told him the situation in which he was under his command don't exceed 1200; the greater part placed and the engagement he was under to the plainof which must be sent down to the uninhabited parts to tiff. Upon which the defendant applied to the plainrecruit. The forts of Loyal Hanna, Cumberland, Rays tiff to give up his bargain to him. Mr. Roset wanting town, Juniata, Littleton, Loudoun, Frederick, Shippens- but part of the property and willing to oblige his neighburg and Carlisle, ought to be garrisoned: which will re-bour, agreed to waive the purchase himself nominally, quire 1200 men; and clothing for them. Wishing to and to transfer his advantage in the purchase to Royal, know what the Assembly would do on the subject-as on condition that he Royal, would make a deed to the without these he could not secure the frontiers." plaintiff for the portion of the land he wanted, on being paid for it the same proportionate price as he was to pay for the whole lot. Accordingly Mr. Shoemaker, by plaintiff's consent, sold to defendant, to whom a deed was made for the whole property. No sooner had he got into possession of it, than he manifested a tardiness at carrying his promises and engagement into effect. It was a stipulation, that referees were to be appointed by the parties, to estimate the additional value of the portion of land to be retained by the plaintiff, which was about one acre of the eleven, fronting on the Germantown street.

Nov. 16. By estimate of pay Pennsylvania had in service 25 old companies, 2 troops light horse, 70 men at Fort Augusta, and 23 companies (new levies.) House of Assembly met Oct. 14.

Message of Governor on the matters desired by Gen. Forbes, and supplies to pay arrears due troops.

Dec. 2. Answer of Assembly that they are greater than they can bear in addition to the large burdens already borne.

Dec. 5. Bill for tonnage duty, and on wine, rum, brandy and other spirits, and sugar for the general service and a protest of the Merchants sent by Governor to Assembly by message.

Finally the defendant refused to appoint referees at all; or in short to do any thing to carry his bargain into effect. He knew well enough it seems, that in this state there is no court of chancery to which immediate application can be made to compel the fulfilment of engagements like the present, and so he coolly folds bis arms, sets honor, justice and equity at defiance, consoling himself in his fancied security, he drives us to law

all you can get, says he, is damages, and the event of a suit I am willing to abide by. We take him, said the counsel, at his word, and we appear before you to day, to claim those damages, which the breach of contract on the part of the defendant had made the plaintiff sustain; to prove which and all the circumstances he had stated, he should now call witnesses.

Dec. 11. The Governor received the following letter by express, from General Forbes, dated Fort Duquesne, [or now Pittsburg,] the 26th November, 1758: "Sir, I have the pleasure and honor of acquainting you with the signal success of his Majesty's troops over all his enemies on the Ohio, by having obliged them to burn and abandon their Fort Duquesne, which they effectuated on the 24th inst. and of which I took possession with my little army on the next day. The enemy having made their escape down the river, part in boats and part by land, to their forts and settlements on the Mississippi. Being abandoned, or at least not seconded by their friends, the Indians; whom we had previously engaged to act a neutral part; and who seem Wm. Fry-Edward Royal called upon me to go with now all ready and willing to embrace his Majesty's most him to Mr. Roset, to say he had a notion of buying the gracious protection. So give me leave to congratulate property. He said that Jacob Roset had been after it, you upon this public event, of having totally expelled and had the refusal of it. He wished Mr. Roset to give the French from this Fort and prodigious tract of coun- up his claim to him and let him buy it. Mr. Roset did try, and of having in a manner reconciled the various not seem willing to give it up. He talked some time tribes of Indians inhabiting it, to his Majesty's govern- about it with Royal. Royal at length offered him 50 or ment. I have not time to give you a detail of proceed 100 dollars, I can't remember which, to give up the ings and approaches towards the enemy, or of the hard-purchase to him. Mr. Roset said he did not want moships and difficulties that we necessarily met with-all that will soon come out. But I assure you after reviewing the ground and fort, I have great reason to be most thankful for the part the French have acted. He had sent for their head men and expected to make up every thing, and then set out for Philadelphia, if his strength permitted: being very ill,"

Lefter from Col. Burd-"Enemy blew up the Fort."
Assembly summoned for the 20th inst.
Day of Thanksgiving fixed for the 28th inst.
[CONCLUSION OF THE 'RECORDS.']

DISTRICT COURT OF PHILADELPHIA.

Before Judge Cox.

Friday and Saturday, 28th and 29th May. JACOB ROSET vs. EDWARD ROYAL,

ney, and he was not willing to give his bargain up.They then walked out on the turnpike, and Roset told Royal he might go and try to buy it that week if he could, and they could see each other in the morning, What the bargain was next morning, witness could not say

Wm. Dedier-In the latter part of the summer of 1827, was employed by plaintiff to go to Mr. Charles Shoemaker, and try to buy the property in Germantown for him, and he was authorized to give 3750 dolls. for it, but to get it as much lower as he could. Witness was to have 25 dollars for his trouble. He went to Mr. Shoemaker, and asked him the price-he naimed 4000 dollars, witness offered 3000-he tried to make a bargain. Witness then asked Mr. Shoemaker what was the lowest price he would take, Mr. S. said he must consult his co-executor Jacob Cope, and in about three weeks he would come on the spot himself, and then no doubt they could make a bargain. Mr. Shoemaker told witness at this time, that no other person should have it at any price for three weeks, unless he, witness, declar

Mr. Josiah Randall stated the plaintiff's case. This was an action brought for a breach of agreement and contract between the parties, who are both residing in Germantown. The circumstances of the case. he stated off. ed, were somewhat peculiar. Mr. Roset had entered into a contract with Mr. Shoemaker to purchase from him a lot of land in Germantown, consisting of about

Subsequently, defendant applied to witness, and asked him to accompany him to Mr. Shomaker's to buy the land, saying at the same time that he (defendant) had