3. MEMORIALS OF THE PAXTON MEN. (pp. 426–443.)

5. To the Honorable John Penn, Esq., Governor of the Province of Pennsylvania, and of the Counties of New-Castle, Kent, and Sussex, upon Delaware; and to the Representatives of the Freemen of the said Province, in General Assembly met.

We, Matthew Smith and James Gibson, in Behalf of ourselves and his Majesty's faithful and loyal Subjects, the Inhabitants of the Frontier Counties of Lancaster, York, Cumberland, Berks, and Northampton, humbly beg Leave to remonstrate and lay before you the following Grievances, which we submit to your Wisdom for Redress.

First. We apprehend that, as Freemen and English Subjects, we have an indisputable Title to the same Privileges and Immunities with his Majesty's other Subjects, who reside in the interior Counties of Philadelphia, Chester, and Bucks, and therefore ought not to be excluded from an equal Share with them in the very important Privilege of Legislation; - nevertheless, contrary to the Proprietor's Charter, and the acknowledged Principles of common Justice and Equity, our five Counties are restrained from electing more than ten Representatives, viz., four for Lancaster, two for York, two for Cumberland, one for Berks, and one for Northampton, while the three Counties and City of Philadelphia, Chester and Bucks elect Twenty-six. This we humbly conceive is oppressive, unequal and unjust, the Cause of many of our Grievances, and an Infringement of our natural Privileges of Freedom and Equality; wherefore we humbly pray that we may be no longer deprived of an equal Number with the three aforesaid Counties to represent us in Assembly.

Secondly. We understand that a Bill is now before the House of Assembly, wherein it is provided, that such Persons as shall be charged with killing any Indians in Lancaster County, shall not be tried in the County where the Fact was committed, but in the Counties of Philadelphia, Chester, or Bucks. This is manifestly to deprive British Subjects of their known Privileges, to cast an eternal Reproach upon whole Counties, as if they were unfit to serve their Country in the Quality of Jury-men, and to contradict the well known Laws of the British Nation, in a Point whereon Life, Liberty, and Security essentially depend; namely, that of being tried. by their Equals, in the Neighbourhood where their own, their Accusers, and the Witnesses Character and Credit, with the Circumstances of the Fact, are best known, and instead thereof putting their Lives in the Hands of Strangers, who may as justly be suspected of Partiality to, as the Frontier Counties can be of Prejudices against, Indians; and this too, in Favour of Indians only, against his Majesty's faithful and loyal Subjects: Besides, it is well known, that the Design of it is to comprehend a Fact committed before such a Law was thought of. And if such Practices were tolerated, no Man could be secure in his most invaluable Interest. We are also informed, to our great Surprise, that this Bill has actually received the

Assent of a Majority of the House; which we are persuaded could not have been the Case, had our Frontier Counties been equally represented in Assembly. However, we hope that the Legislature of this Province will never enact a Law of so dangerous a Tendency, or take away from his Majesty's good Subjects a Privilege so long esteemed sacred by Englishmen.

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Thirdly. During the late and present Indian War, the Frontiers of this Province have been repeatedly attacked and ravaged by skulking Parties of the Indians, who have, with the most Savage Cruelty, murdered Men, Women, and Children, without Distinction, and have reduced near a Thousand Families to the most extreme Distress.—It grieves us to the very Heart to see such of our Frontier Inhabitants as have escaped Savage Fury, with the Loss of their Parents, their Children, their Wives or Relatives, left Destitute by the Public, and exposed to the most cruel Poverty and Wretchedness, while upwards of an Hundred and Twenty of these Savages, who are, with great Reason, suspected of being guilty of these horrid Barbarities, under the Mask of Friendship, have procured themselves to be taken under the Protection of the Government, with a View to elude the Fury of the brave Relatives of the Murdered, and are now maintained at the public Expence. Some of these Indians, now in the Barracks of Philadelphia, are confessedly a Part of the Wyalusing Indians, which Tribe is now at War with us; and the others are the Moravian Indians, who, living with us, under the Cloak of Friendship, carried on a Correspondence with our known Enemies on the Great Island. We cannot but observe, with Sorrow and Indignation, that some Persons in this Province are at Pains to extenuate the barbarous Cruelties practised by these Savages on our murdered Brethren and Relatives, which are shocking to human Nature, and must pierce every Heart, but that of the hardened Perpetrators or their Abettors. Nor is it less distressing to hear Others pleading, that although the Wyalusing Tribe is at War with us, yet that Part of it which is under the Protection of the Government, may be friendly to the English, and innocent: :- In what Nation under the Sun was it ever the Custom, that when a neighbouring Nation took up Arms, not an Individual should be touched, but only the Persons that offered Hostilities? - Who ever proclaimed War with a Part of a Nation and not with the whole ? — Had these Indians disapproved of the Perfidy of their Tribe, and been willing to cultivate and preserve Friendship with us, why did they not give Notice of the War before it happened, as it is known to be the Result of long Deliberations, and a preconcerted Combination among them? Why did they not leave their Tribe immediately, and come among us, before there was Ground to suspect them, or War was actually waged with their Tribe?—No, they stayed amongst them, were privy to their Murders and Ravages, until we had destroyed their Provisions, and when they could no longer subsist at Home, they come not as Deserters, but as Friends, to be maintained through the Winter, that they may be able to scalp and butcher us in the Spring.

And as to the Moravian Indians, there are strong Grounds at least to suspect their Friendship, as it is known that they carried on a Correspondence with our Enemies on the Great Island. We killed three Indians going from Bethlehem to the Great Island with Blankets, Ammunition, and Provisions, which is an undeniable Proof that the Moravian Indians were in Confederacy with our open Enemies. And we cannot but be filled with Indignation to hear this Action of ours painted in the most odious and detestable Colours, as if we had inhumanly murdered our Guides, who preserved us from perishing in the Woods; when we only killed three of our known Enemies, who attempted to shoot us when we surprised them.-And, besides all this, we understand that one of these very Indians is proved, by the Oath of Stinton's Widow, to be the very Person that murdered her Husband. - How then comes it to pass, that he alone, of all the Moravian Indians, should join the Enemy to murder that family? Or can it be supposed that any Enemy Indians, contrary to their known Custom of making War, should penetrate into the Heart of a settled Country, to burn, plunder, and murder the Inhabitants, and not molest any Houses in their Return, or ever be seen or heard of? Or how can we account for it, that no Ravages have been committed in Northampton County since the Removal of the Moravian Indians, when the Great Cove has been struck since? These Things put it beyond Doubt with us that the Indians now at Philadelphia are his Majesty's perfidious Enemies, and therefore, to protect and maintain them at the public Expence, while our suffering Brethren on the Frontiers are almost destitute of the Necessaries of Life, and are neglected by the Public, is sufficient to make us mad with Rage, and tempt us to do what nothing but the most violent Necessity can vindicate. — We humbly and earnestly pray therefore, that those Enemies of his Majesty may be removed as soon as possible out of the Province.

Fourthly. We humbly conceive that it is contrary to the Maxims of good Policy and extremely dangerous to our Frontiers, to suffer any Indians, of what Tribe soever, to live within the inhabited Parts of this Province, while we are engaged in an Indian War, as Experience has taught us that they are all perfidious, and their Claim to Freedom and Independency, puts it in their Power to act as Spies, to entertain and give Intelligence to our Enemies, and to furnish them with Provisions and warlike Stores. To this fatal Intercourse between our pretended Friends and open Enemies, we must ascribe the greatest Part of the Ravages and Murders that have been committed in the Course of this and the last Indian War. We therefore pray that this Grievance be taken under Consideration, and remedied.

Fifthly. We cannot help lamenting that no Provision has been hitherto made, that such of our Frontier Inhabitants as have been wounded in Defence of the Province, their Lives and Liberties may be taken Care of, and cured of their Wounds, at the public Expence. We therefore pray that this Grievance may be redressed.

Sixthly. In the late Indian War this Province, with others of his Majesty's Colonies, gave Rewards for Indian Scalps, to encourage the

seeking them in their own Country, as the most likely Means of destroying or reducing them to Reason; but no such Encouragement has been given in this War, which has damped the Spirits of many brave Men, who are willing to venture their Lives in Parties against the Enemy. We therefore pray that public Rewards may be proposed for Indian Scalps, which may be adequate to the Dangers attending Enterprises of this Nature.

Seventhly. We daily lament that Numbers of our nearest and dearest Relatives are still in Captivity among the savage Heathen, to be trained up in all their Ignorance and Barbarity, or to be tortured to Death with all the Contrivances of Indian Cruelty, for attempting to make their Escape from Bondage. We see they pay no Regard to the many solemn Promises which they have made to restore our Friends who are in Bondage amongst them. We therefore earnestly pray that no Trade may hereafter be permitted to be carried on with them, until our Brethren and Relatives are brought Home to us.

Eighthly. We complain that a certain Society of People in this Province in the late Indian War, and at several Treaties held by the King's Representatives, openly loaded the Indians with Presents; and that F. P., a Leader of the said Society, in Defiance of all Government, not only abetted our Indian Enemies, but kept up a private Intelligence with them, and publickly received from them a Belt of Wampum, as if he had been our Governor, or authorized by the King to treat with his Enemies. By this Means the Indians have been taught to despise us as a weak and disunited People, and, from this fatal Source have arose many of our Calamities under which we groan. We humbly pray, therefore, that this Grievance may be redressed, and that no private Subject be hereafter permitted to treat with, or carry on a Correspondence with our Enemies.

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Ninthly. We cannot but observe with Sorrow, that Fort Augusta, which has been very expensive to this Province, has afforded us but little Assistance during this or the last War. The Men that were stationed at that Place neither helped our distressed Inhabitants to save their Crops, nor did they attack our Enemies in their Towns, or patrol on our Frontiers. - We humbly request that proper Measures may be taken to make that Garrison more serviceable to us in our Distress, if it can be done.

N. B. We are far from intending any Reflection against the Commanding Officer stationed at Augusta, as we presume his Conduct was always directed by those from whom he received his Orders.

Signed on Behalf of ourselves, and by Appointment of a great Nun ber of the Frontier Inhabitants,

Matthew SmiTH.
JAMES GIBSON.

THE DECLARATION of the injured Frontier Inhabitants, together with a brief Sketch of Grievances the good Inhabitants of the Province labor under.

Inasmuch as the Killing those Indians at Conestogoe Manor and Lancaster has been, and may be, the Subject of much Conversation, and by invidious Representations of it, which some, we doubt not, will industriously spread, many, unacquainted with the true State of Affairs, may be led to pass a severer Censure on the Authors of those Facts, and any others of the like Nature which may hereafter happen, than we are persuaded they would, if Matters were duly understood and deliberated; we think it therefore proper thus openly to declare ourselves, and render some brief Hints of the Reasons of our Conduct, which we must, and frankly do, confess nothing but Necessity itself could induce us to, or justify us in, as it bears an Appearance of flying in the Face of Authority, and is attended with much Labour, Fatigue and Expence.

Ourselves then, to a Man, we profess to be loyal Subjects to the best of Kings, our rightful Sovereign George the Third, firmly attached to his Royal Person, Interest and Government, and of Consequence equally opposite to the Enemies of his Throne and Dignity, whether openly avowed, or more dangerously concealed under a Mask of falsely pretended Friendship, and chearfully willing to offer our Substance and Lives in his Cause.

These Indians, known to be firmly connected in Friendship with our openly avowed embittered Enemies, and some of whom have, by several Oaths, been proved to be Murderers, and who, by their better Acquaintance with the Situation and State of our Frontier, were more capable of doing us Mischief, we saw, with Indignation, cherished and caressed as dearest Friends; But this, alas! is but a Part, a small Part, of that excessive Regard manifested to Indians, beyond his Majesty's loyal Subjects, whereof we complain, and which, together with various other Grievances, have not only inflamed with Resentment the Breasts of a Number, and urged them to the disagreeable Evidence of it, they have been constrained to give, but have heavily displeased, by far, the greatest Part of the good Inhabitants of this Province.

Should we here reflect to former Treaties, the exorbitant Presents, and great Servility therein paid to Indians, have long been oppressive Grievances we have groaned under; and when at the last Indian Treaty held at Lancaster, not only was the Blood of our many murdered Brethren tamely covered, but our poor unhappy captivated Friends abandoned to Slavery among the Savages, by concluding a Friendship with the Indians, and allowing them a plenteous Trade of all kinds of Commodities, without those being restored, or any properly spirited Requisition made of them:- How general Dissatisfaction those Measures gave, the Murmurs of all good People (loud as they dare to utter them) to this Day declare. And had here infatuated Steps of Conduct, and a manifest Partiality in Favour of Indians, made