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1829.)

proceedingS OF THE LEGISLATURE.

351

other states on the same subject, be referred to a select ined the r«port of the canal commissioners, which had committee.

been furnislied him, and was satisfied there with that he The following resolution offered by Mr. Read, was would be secure from danger in that way. He protwice read and adopted:

ceeded with his ark down the river as far as Lewistown, Resolved, That the committee on the militia system and there employed the most experienced pilot he be instructed to enquire into the expediency of so al'er- could find from thence to the dam, at wbich place he ing the militia law that no more than one day's duty took out part of his load, and having thus used more shall be required in each year.

than common prudence to render his passage safe. The The following resolution offered by Mr. Moore (of sluice being too narrow he attempted to pass over the Beaver,) was twice read, considered and allopted: dam; the ark rubbed, and sank, together with its load a

Whereas the Westmoreland Bank of Pennsylvania has short distance below it-attended not only with the loss ceased regular banking operations, and its paper has of the property, but also in great danger of their lives. depreciated from 25 to 30 per cent. and whereas sever- He stated the policy that had led to the obstruction al of the county treasurers in the western counties of of that river by means of dams, he would not stop to this commonwealth have received the paper of said bank question--was unnecessary and foreign to the subject. whilst current, for store and tavern licences; and the But he would say, had not Mr. Shaffer used common same will not be received from them by the state treas. care, or could any neglect be ascribed to him, that the urer: Therefore,

present application would never have been made. But Resolved, that the committee of ways and means be he thought his proof was conclusive, that more than instructed to inquire into the expediency and justice of usual care had been used, and that he had been exreporting a bill, authorising the state treasurer to receive tremely precautious in doing every thing necessary to the paper of said bank from the county treasurers who secure a safe passage for his ark; and that even then have received the same whilst current, and to adopt such the application would not have been persisted in, were means as may be deemed proper to compel the said it not tor the extreme embarrassment occasioned him by Bank to redeem the paper belonging to the common the loss of his ark-were it not for the fond wish to save wealtb.

to himself the remainder of his property, and secure his The committee of the whole had under consideration family from poverty. a bill, entitled an act for the furtherance or justice be

He said that the fact stated in the petition came withtween obligors and obligees, and other creditors and in his own knowledge. That Mr. Shaffer was a poor debtors; and after some time rose, reported progress man, who by the industry and economy of many years, and obtainerl leave to sit again to morrow.

had succeeded in saving a small sum of money. That The f llowing bill was passed through committee. Two or three years since he contracted for the purchase

A further supplement to an act, entitled an act to au- of a farm in Bedford county; the money he had saved thorise the governor to incorporate a company to make was applied to the first payment-that the second and a lock navigation on the river Schuylkill.

the last payment became due last spring; to meet

which he had prepared the ark he had lost and its load. Remarks, of Mr. Fetlerman, in the House of Repre. Huel lie arrived at market, his property would unquessentatives, on the bill granting relief to Abraham Shaf- tionably have been secured; but so soon as it was known fer, of Bedford county, for the loss of an ark and its that he had been untortunate, his creditors pushed him freight, in attempting to cross a canal (lam in the Juni. tor payment, and unless the legislature would interfere, ata river.

his property must all be sacrificed. Mr. Fetterman said, that from the documents that He stated that the question to be determined by the had just been read, he conceived a case had been inade committee was, whether the house would interfere and out, well worthy the attention of the committee. That grant relief! That it was certain that the loss sustained prior to the commencement of our system of internal by Mr. Shaffer, was alone to be attributed to the interimprovement, the Juniata river so high as its source in vention of a public act, or the act of a public agent.the mountains, was declared by an act of the Legisla. He considered that whenever an injury of the kind was ture, a public highway, and as such, had been ased by occasioned to an individual, it would be the true policy our enterprising citizens living adjacent to it, unul of the State to remedy it. That it was true there was within two or three years. Since then it has been ne. no legislative enactment upon the subject by which cessary for canal purposes, that dams should be erected they might be governed-yet that would be no sound across it. The act granting authority to the canal com objection; for the want of it might be owing to the exmissioners to construct them, stales expressly, that the treme improbability of any such cases occurring. Here navigation should be preserved as formerly. "The dam the legislature had directed the preservation of the na; at the head of the long narrows was erected under the vigation and bad nor ason to doubt but that their agents superintendance of Mr. Clark, acting commissioner would be obedient. upon that line, who in his report at the last session But there were other causes wherein damages had stated, that the dam had not only been built with a beer granted as compensation for injuries received in sluice or lock sufficient, not only to preserve the navi. the prosecution of the system of Internal Improvement. gation, but had even rendered it better than it was be. That it was provided by an act of Assembly, that when fore. Tlow far he was correct, the house would judge. any damage is done to land or other property by means They had before then the fact of the loss of an ark and of the canal, that compensation for damages should be its freight in attempting to pass it--and they had before given. And how many had been the instances wherethem the deposition of a very respectable man, one of in the real value of the property instead of being dithe most experienced pilots upon that river, who states, minished, had been enhanced by a line of canal passthat in a common stage of water an ark cannot pass over ing through. And if in those cases compensation bad the dam, because it is too high-that they could not been awardedi, how much greater the reason for grantpass through the sluice or lock, because it is too narrow. ing relief to Abraham Shaffer, who was made an inno

He observed, that Mr. Shaffer not knowing of the cent sufferer, and whose loss was absölute; and from obstruction in the river, according to the custom of the an unfortunate chain of circumstances, unless the Lepeople living nigh to it, built an ark and prepared a gislature interfered, would cause him to lose the rejoad of hoop-poles. However, before he started with mainder of his property. them, he understood he might run great hazard if he He said, that the amount mentioned was not the full proceeded. To remove any doubt of the safety of the value of the ark, and its freight. That there was a risk navigation, he was referred to the act of Assembly to be run in the distance that intervened from the place which authorised the construction of those dams, and where he was so unfortunate as to lose his ark and the which required that it should be preserved. He exam- place of destination, but that the sum had been redu.

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Mr. Wilkins thought, if the gentleman who offered the resolution was serious, they ought to dispose of it as soon as possible; and he moved to refer it to the committee on vice and immorality.

Mr. Middleswarth was in favor of sending the resolu tion to a committee. He would like to know what punishment they would be able to inflict on members who did not choose to adhere to this resolution, in case should be adopted.

Mr. Moore, of Beaver, said, if it was not for the respectability of the member who offered the resolution, he would consider it a reflection upon the House. For his own part, he would like very well to be resolved into sobriety, but it did not seem to him at all proper that subjects should be introduced into the ball of legislation which could not be legislated upon. He hoped the resolution would not be committed.

Tuesday, Nov. 17.—Judiciary committee to inquire what alterations and amendments are necessary in laws regulating marriages-acts reported respecting loans from certain banks--for furtherance of justice between obligors and obligees, &c.—for regulating general elec-it tions-committee report respecting road laws and were "of opinion, that it is the highest attribute of sovereignty in any government to disfranchise a freeman from the right of suffrage, and if the power existed, it should not be exercised but in cases of extreme necessity for the preservation of the state. The resolution presents no such case. Were your committee desirous or willing to carry into effect the principle contained in the resolution, (which they are not,) the power, in the opinion of your committee, is withheld from the Legislature by the Constitution, which provides that 'every freeman of the age of 21 years, having resided in the State 2 years next before the election, & within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector.' In addition to which, if further argument were wanting, the Legislature passed the 6th of April, 1802, for laying out and keeping in repair public roads and highways within this commonwealth, in prescribing who shall have a right to vote for supervisors of the highways, have reference to the citizens qualified to vote for members of the General Assembly. Judiciary committee respecting alteration of the Or-lution about Temperance societies; for if the resolution phans' Court laws Report, That they are not aware that the matter complained of requires any special alteration by statute, and believe, under the present practice of the courts, the supposed grievance would be fully pro

vided for.

That after an account of an executor or administrator has been finally settled, that fact together with the entire merits of the demand, would be presented to the court for the application of such equity as the circumstances of each case might give rise to.

The committee, aware of the utter impracticability of making salutary provisions for the infinite variety of the causes and subjects of litigation, and uninformed of any serious difficulties having been experienced in Pennsylvania under the existing state of the law on this sub ject, think it inexpedient to make any alteration in the premises, and therefore offer the following resolutionThat the committee be discharged from the further sideration of the resolution referred to them.

The report was laid on the table.

Mr. Moore, of Erie, stated that the subject before them was a plain one, and did not need elucidation from him. He had always understood, that good mo. tives were to be attributed to good acts; and if a desire to court popularity should be ascribed to him, as every man ought to wish to stand well with his fellow citizens, it was certainly right in him to offer the resolu tion.

Mr. Frick moved to postpone the resolution, together with the motion to refer to a committee, indefinitely. Dr. Mitchell made some remarks against the resolu tion.

Mr. Frick said, this was no place to introduce a reso

bound by it, and those in the minority would not be passed, the members themselves would not be legally bound at all. If the gentleman who offered the resolution wished to establish a cold water society, let him set the example, and begin it somewhere else.

looked up to as examples, that members of the legisla Mr. Bushfield said, that men high in authority were ty-that it was indispensably necessary that they should ture sent here to make laws, should encourage moralimake such laws as would suppress vice and immorality tion will be supported, as I believe that every honest and encourage virtue. I therefore hope that the resoluwell meaning man and lover of his country will encou rage temperance and sobriety, and suppress ardent spirits, the companion of vice, the bane of society, and the principal cause of wretchedness, misery and crime.

Saturday, Nov. 21.-Petition presented from Fayette co. praying for improvement of the Monongahela. Kescon-olution adopted, for Judiciary committee to inquire into expediency of making further provision by law, relaleases, mortgages and letters of attorney, particularly tive to the acknowledgment of deeds of conveyance, rewhen such acknowledgments are made out of the state. Monday, Nov. 23.

Bill supplementary to the Election law read a third time and recommitted for amendment--committee of ways and means reported a bill authorizing loans from certain banks. Bill passed committee of the whole for dividing Pittsburgh into 4 wards.

Friday, Nov. 20.-Mr. Moore, of Erie, offered the following resolution which after debate, was indefinitely postponed, Yeas 55, Nays 30.

Mr. Overfield—a petition from the contractors on the Delaware division of the Pennsylvania Canal, praying that provision may be made for the payment of interest on the certificates issued by the acting commissioners for the amount due to contractors for work done. ReWhereas the misfortune of intemperance, notwith-ferred to the committee on inland navigation and interstanding the laudable example of the different Tempe. rance Societies, seems to prevail to a very serious extent. And whereas, it is the opinion of this body that an example coming from them as the representatives of the people, would greatly aid in the meritorious efforts of those societies: Therefore,

Resolved, That the members of this House, from this time until the end of the session, will abstain from and make no use of ardent or spirituous liquors.

Mr. Moore moved to proceed to the second reading of the resolution.

Mr. Petriken hoped the gentleman would permit the resolution to lie on the table a few days, in order that they might treat resolution. The motion to consider was agreed to.

nal improvement.

Mr. Barlow—a petition from inhabitants of Crawford county, praying for the passage of a law reducing the number of officers of the general elections in the said county. Referred to Messrs. Barlow, Myers and Parke.

On motion of Mr. Wilkins, the following resolution, after being amended, was twice read, and adopted, and Messrs. Wilkins, Emlen, Moore of Beaver, Laporte, Blair, Wagener and Parke appointed as the committee.

Resolved, That the letter from the governor of the state of Mississippi to the governor of Pennsyl vania, enclosing a copy of certain resolutions relative to the tariff of the general government of 1828, and the message of the governor at the last session, transmitting the communications of the executives of

1829.]

PROCEEDINGS of the LEGISLATURE.

other states on the same subject, be referred to a select committee.

The following resolution offered by Mr. Read, was twice read and adopted:

Resolved, That the committee on the militia system be instructed to enquire into the expediency of so al ering the militia law that no more than one day's duty shall be required in each year.

The following resolution offered by Mr. Moore (of Beaver,) was twice read, considered and adopted:

Whereas the Westmoreland Bank of Pennsylvania has ceased regular banking operations, and its paper has depreciated from 25 to 30 per cent. and whereas several of the county treasurers in the western counties of this commonwealth have received the paper of said bank whilst current, for store and tavern licences; and the same will not be received from them by the state treasurer: Therefore,

Resolved, That the committee of ways and means be instructed to inquire into the expediency and justice of reporting a bill, authorising the state treasurer to receive the paper of said bank from the county treasurers who have received the same whilst current, and to adopt such means as may be deemed proper to compel the said Bank to redeem the paper belonging to the commonwealth.

The committee of the whole had under consideration a bill, entitled an act for the furtherance of justice between obligors and obligees, and other creditors and debtors; and after some time rose, reported progress and obtained leave to sit again to-morrow.

The following bill was passed through committee. A further supplement to an act, entitled an act to authorise the governor to incorporate a company to make a lock navigation on the river Schuylkill.

351

ined the report of the canal commissioners, which had been furnished him, and was satisfied therewith that he would be secure from danger in that way. He proceeded with his ark down the river as far as Lewistown, and there employed the most experienced pilot he could find from thence to the dam, at which place he took out part of his load, and having thus used more than common prudence to render his passage safe. The sluice being too narrow he attempted to pass over the dam; the ark rubbed, and sank, together with its load a short distance below it-attended not only with the loss of the property, but also in great danger of their lives. He stated the policy that had led to the obstruction of that river by means of dams, he would not stop to question-was unnecessary and foreign to the subject. But he would say, had not Mr. Shaffer used common care, or could any neglect be ascribed to him, that the present application would never have been made. But he thought his proof was conclusive, that more than usual care had been used, and that he had been extremely precautious in doing every thing necessary to secure a safe passage for his ark; and that even then the application would not have been persisted in, were it not for the extreme embarrassment occasioned him by the loss of his ark-were it not for the fond wish to save to himself the remainder of his property, and secure his family from poverty.

He said that the fact stated in the petition came within his own knowledge. That Mr. Shaffer was a poor man, who by the industry and economy of many years, had succeeded in saving a small sum of money. That two or three years since he contracted for the purchase of a farm in Bedford county; the money he had saved was applied to the first payment-that the second and the last payment became due last spring; to meet which he had prepared the ark he had lost and its load. Had he arrived at market, his property would unquestionably have been secured; but so soon as it was known that he had been unfortunate, his creditors pushed him for payment, and unless the legislature would interfere, his property must all be sacrificed.

Remarks, of Mr. Fetterman, in the House of Representatives, on the bill granting relief to Abraham Shaffer, of Bedford county, for the loss of an ark and its freight, in attempting to cross a canal dam in the Juni

ata river.

Mr. Fetterman said, that from the documents that had just been read, he conceived a case had been inade out, well worthy the attention of the committee. That prior to the commencement of our system of internal improvement, the Juniata river so high as its source in the mountains, was declared by an act of the Legisla. ture, a public highway, and as such, had been used by our enterprising citizens living adjacent to it, until within two or three years. Since then it has been necessary for canal purposes, that dams should be erected across it. The act granting authority to the canal commissioners to construct them, states expressly, that the navigation should be preserved as formerly. The dam at the head of the long narrows was erected under the superintendance of Mr. Clark, acting commissioner upon that line, who in his report at the last session stated, that the dam had not only been built with a sluice or lock sufficient, not only to preserve the navigation, but had even rendered it better than it was before. How far he was correct, the house would judge. They had before them the fact of the loss of an ark and its freight in attempting to pass it--and they had before them the deposition of a very respectable man, one of the most experienced pilots upon that river, who states, that in a common stage of water an ark cannot pass over the dam, because it is too high-that they could not pass through the sluice or lock, because it is too narrow. He observed, that Mr. Shaffer not knowing of the obstruction in the river, according to the custom of the people living nigh to it, built an ark and prepared a load of hoop-poles. However, before he started with them, he understood he might run great hazard if he proceeded. To remove any doubt of the safety of the navigation, he was referred to the act of Assembly which authorised the construction of those dams, and which required that it should be preserved. He exam

He stated that the question to be determined by the committee was, whether the house would interfere and grant relief! That it was certain that the loss sustained by Mr. Shaffer, was alone to be attributed to the intervention of a public act, or the act of a public agent.He considered that whenever an injury of the kind was occasioned to an individual, it would be the true policy of the State to remedy it. That it was true there was no legislative enactment upon the subject by which they might be governed-yet that would be no sound objection; for the want of it might be owing to the extreme improbability of any such cases occurring. Here the legislature had directed the preservation of the na vigation and had no reason to doubt but that their agents wou'd be obedient.

But there were other causes wherein damages had been granted as compensation for injuries received in the prosecution of the system of Internal Improvement. That it was provided by an act of Assembly, that when any damage is done to land or other property by means of the canal, that compensation for damages should be given. And how many had been the instances wherein the real value of the property instead of being diminished, had been enhanced by a line of canal passing through. And if in those cases compensation had been awarded, how much greater the reason for granting relief to Abraham Shaffer, who was made an innocent sufferer, and whose loss was absolute; and from an unfortunate chain of circumstances, unless the Legislature interfered, would cause him to lose the remainder of his property.

He said, that the amount mentioned was not the full value of the ark, and its freight. That there was a risk to be run in the distance that intervened from the place where he was so unfortunate as to lose his ark and the place of destination, but that the sum had been redu

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ced in a proportion greater than any hazard or expense
he would have had to encounter, and that believing the
claim to be a just one, and one that would warrant
the house in granting relief-he hoped it would be
granted.

Remarks of Mr. Craft, in the House of Representa-
tives, on the act respecting the right of voting by sons
of qualified voters between the ages of 21 and 22 years,
when the fathers of such persons have been dead for a
longer period than two years.

that

NOVERETE

tack of mania a potu, the health of the patient was com-
pletely reinstated.

mation from so slight a cause is to be attributed solely
There is no doubt that in this case the violent inflam-
to the irritable state of the patient's constitution arising
believing that any poison was communicated by the an-
from his habits of intemperance. There is no reason for
imal found on the arm-or if it really was a lizard, that
even a bite was inflicted.
Nov. 26, 1829.

The above facts were communicated to the Editor by the physician who had charge of the case.

Mr. Craft remarked that he would add an observation, in corroboration of the views entertained by the gentle. man from Washington. He was decidedly of opinion, young men, between the ages of 21 and 22 had occupied beween three and four days last week, trying The Court of Quarter Sessions of this county, were Chambersburg, Pa. Nov. 17, the right of voting, if their fathers were qualified voters, and that although the father had died or removed of this borough, for a conspiracy to raise their wages, an indictment against sundry Journeyman Shoemakers from the state. The privilege of voting is conferred on and prejudice such as were not members of their assothe son by the privilege of the father, and is not divest- ciation. The written constitution and by-laws of the ed by the death or removal of such father. privilege is vested beyond the power of the Legisla-viding for the support and comfort of its sick and disaBut this society were in general of a benevolent character, proture, and can neither be diminished nor increased by bled members. The prosecution was in the main susthis body. It is guaranteed by higher author ty, viz: tained by proof of other rules that were unwritten but by the constitution itself, and this House has no power acknowledged and practised by the Society. The jury to limit or extend the right by construction. noon, found the society guilty of conspiring to raise after being out from Friday evening to Saturday foretheir wages,-and on the afternoon of that day, the fine of ten dollars-three others named in the indictcourt sentenced the principal of the society to pay a ment, each a fine of five dollars, and costs of prosecu tion.

This House exceeds its legitimate authority in exercising any power to construe laws, unless perhaps by amendment or exposition of their own laws. The constitution distributes the powers of this government into three departments, legislative, executive, and judiciary. The first makes the laws, subject always to the constitution-the second executes and the third expounds or construes them.-While each operates within its sphere, we are safe. When either assumes to itself the powers of the rest, it is tyranny. It is the duty of a good citizen to resist the judiciary in the exercise of the powers of legislation, it is as much his duty to resist the legislator in any attempt to assume the office of the Judge.

To show his sincerity in defending the rights of young men, (he stated) that the proper course of any who were illegally deprived of the right of suffrage, would be to bring a suit against the Inspector or Judge refus ing his vote, and to carry the question up to the Supreme Court, where the true construction of the constitution might be solemnly established, and a uniform rule pervading the state, might be settled, as the law of the land. This was the true constitutional course, and as the voter had this remedy and means of redress, (and on decision by the proper tribunal would be suffi cient) he was not of opinion that the Legislature should exceed their powers to give the voter any new rights. This House is a Legislature of limited powers, not a convention.

MISCELLANEOUS.

CURIOUS CIRCUMSTANCE.

♦ METEOROLOGICAL REGISTER, -KEPT AT CHILISQUAQUE, BY J. F. SANDERSON.

OCTOBER, 1829.

Barometer.

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Thermometer Atmosp. Variations.

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29 7 44 52 55
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29 5 45 58 63

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A.M.

P. M.

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55 59 60

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10 29 7

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29 7 46 53 57

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29 6 38 51 57

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25

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29 6 29 6 54 52 54
27 29 6 29 9 29 9 36 44 49
2829 9 29 8 29 7 31 46 52
29 29 7 29 7 29 7 42 51 53
30 29 5 29
or-
29 4 49 55 56

An individual of intemperate habits, engaged in unloading a shallop of wood at one of our wharves felt something pass up his sleeve to which he paid no attention until a sensation of violent burning induced him to examine his arm. On stripping up his sleeve he dis-23 covered an animal resembling a lizard, which, from the existence of three small pimples near the shoulder, he concluded had bitten him. The arm immediately swelled up to an enormous size-became of a bright red colour, and intensely painful. No medical attendance was procured for five days. The arm from the shoulder to the elbow was then fully as thick as the thigh of an dinary sized man-painful to the touch-an evident fluctuation of matter was detected throughout the whole circumference of the arm, and upon an incision being made through the skin and cellular membrane nearly half a gallon of well conditioned matter was evacuated-after this the swelling, pain and inflammation rapidly declined, and with the exception of a slight at

31

29 2 29 2 29 1 46| 48 | 48

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Cloudy Cloudy

Cloudy

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GEDDES, No. 59 Locust Street, Philadelphia; where, and Printed every SATURDAY MORNING by WILLIAM F. thankfully received. Price FIVE DOLLARS per annum; payable the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subscriptions will be annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. IV.-NO. 23.

EDITED BY SAMUEL HAZARD.
PHILADELPHIA, DEC'R. 5, 1829.

RECORDS OF PENNSYLVANIA.

NO. 101.

to the Delegates on Ohio & Susqa. in answer to one of Abstract of the state records at Harrisburg, made by theirs, confirming the old alliance with Willian Penn. Dec. 17. Bill presented for raising £20,000 for the Thomas Sergeant, Esq. when Secretary of the Common- king's use; Governor sends it back as contrary to Royal wealth, and by him presented to the Historical Com-instructions, not to pass any money Bill without a susmittee of the American Philosophical Society, Nov. 3,

1819.-1748 to 1758.

Continued from page 330.

pending clause that it should not take effect till his majesty's pleasure be known.

Dec. 19. Scarooyady an Oneida who succeeded the Half King in the direction of Indian affairs at Aughwick, December 3, 1754. Letter of Sir Thomas Robinson, came with 2 others to Philadelphia and made speeches. July 5th, Whitehall. Sir your letter of the 25 Nov. last Scarooyady mentioned Col. Washington's first engagein answer to the Earl of Holdernesse of the 28th Au- ment with the French division, the inturpreter said he was gust having been received and laid before the King, I am in the action and there were but 8 warriors who did most to acquaint you that it is his Majesty's express command of the execution that was done. Col. Washington and the that you should in obedience thereto, not only act vigor- Half King differed much in judgment, and on the Col. ously in the defence of the Government under your care refusing to take his advice the E. and I. separated.but that you should likewise be aiding and assisting his After which the Indians discovered the French in a holMajesty's other American Colonies to repel any hostile low and hid themselves, lying on their bellies behind a attempt made against them: and it was with great sur-hill-afterwards they discovered Col. Washington on the prise the King observed your total silence upon that opposite side of the hollow in the gray of the morning part of his Majesty's orders which relate to a concert and when the English fired, which they did in great with other colonies which you must be sensible is now confusion, the Indians came out of their cover and closed become more essentially necessary for their common de- with the French and killed them with their tomahawks: fence since the account received by you from Major on which the Fort surrendered. Washington with regard to the hostilities committed by the French upon the river Ohio, which, verify in fact, what was apprehended when the Earl of Holdernesse wrote so fully to you in August last, and which might have been in great measure if not totally prevented, had every one of his Majesty's Governments, exerted themselves accordingly to those directions, the observance whereof I am now by the King's commands to enforce (on) you in the strongest manner.

Dec. 19. Letter from Sir!I hcmas Robinson, Whitehall Oct. 26, 1755. Sir, Having informed you in my let. ter of July 5, that the King had under his Royal consideration the state of affairs in North America. I am now to acquaint you that amongst others measures, that are thought proper for the defence of his majesties just right and dominions in those parts; the king has not only been pleased to order 2 regiments of foot consisting of 500 men each, besides commissioned and non commisAccounts of the death of the Half King, at Harris'Ferry Colonel Dunbar, to repair to Virginia, and to be there sioned officers, commanded by Sir Peter Halkett and in the beginning of October. Mess. of Gov. to Ass❜ly. augmented to the number of 700 each; but likewise to "Many things have happened since the retreat from send orders to Governor Shirley and Sir William Pepthe forks of Monongialo that have put our affairs upon perell, to raise 2 regiments, whereof they are respecthe frontiers in a very bad situation: much worse than tively appointed Colonels, of 1000 men each, and also his majesty and his ministers have any knowledge of, or to sign commissions for a number of officers to serve than they can possibly imagine:" It appears that in the said 2 regiments and who will forthwith repair to "the French have now at Monongialo about 1000 regu- North America for that purpose. Whereas there will lar troops besides Indians:-are well supplied with pro- be wanting a considerable number of men to make up visions:--and lately received an additional number of can- the designed complements of the said 4 regiments-it is non-that their upper forts are also well garrisoned and his majesty's pleasure that you should be taking the provided-and that they are making a settlement of 300 previous steps, towards contributing, as far as you car, families in the country of the Twightwees at the S. W. to have about three thousand men in readiness to be inend of Lake Erie." "Our situation at present is cer- listed, and it is his Majesty's intention that a General oftainly very alarming. The French on our borders are ficer of rank and capacity to be appointed to command numerous, strongly fortified, well provided, and daily in chief all the king's forces in North America, a Deputy increasing. The small body of English troops on the Quarter Master General, and a Commissary of the Musfrontiers weakened by the desertion from the Indepen- ters shall set out as soon as conveniently may be in order dent Companies, and the want of discipline in the new to provide every thing for the arrival of the forces alevies. The six nations of Indians formerly our firm bove mentioned from Europe, and for the raising of the friends, divided among themselves, many of them gone others in America. You will receive from that General over to the French, and others wavering and in doubt and the other officers just mentioned a full and exact whether to follow their brethren or continue with us.- account of the arms, clothing and other necessaries to The neighboring Prov's. (except Virginia) though nearly be sent upon this important occasion, as likewise of ordinterested in the issue of the present affair, either con- nance stores and of the officers and attendants belongtributing nothing towards the common cause or sparing-ing thereto; all which being ordered for this service are ly; and though Virginia has indeed given £3000 yet it will avail but little unless a considerable body of troops be sent from this Province and kept up till the work is done, urging them to give supplies &c. Message sent VOL. IV. 45

such proofs of his Majesty's regard for the security and welfare of his subjects in those parts, as cannot fail to excite you to exert yourselves and those under your care to take the most vigorous steps to repel your com.

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