USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 65
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Griff. Owen, Jos. Growdon, Esq'rs.
Isaac Norris,
Samll. Preston, Esq'rs.
James Logan,
Robert Assheton, L
Griffith Owen & Joseph Growdon were sent on a message to the House, to inform them from the Govr. that notwithstanding all the Security of the money appointed to be paid him in the Impost Bill, it would not answer the end proposed, for that he thought it would raise little or no money ; The reason why he gave in his Last objec- tions to them, and that the method they proposed to pay in Specie, would be vary troublesome, & Chargeable, and Desired them to Con- sider of it.
The above members being returned, informed the Govr. that the ways & means of raising the money to be paid to him by the Impost act, the House are endeavouring to make secure, and that it shall be payable to him, his heirs, Executors, Administrators & Assigns ; as also, that the late Treasurer Dec'd., had some money in his hands as appears by the accts. made up with his executors to be about the sum of £250, which money, after the immediate services of the House being paid, which would be about the sum of £50, the Remainder should be paid to the Govr.
The Bill for Establishing fees was some part of it read, and the following amendmts. made, vizt :
JUDGES.
The allowance of ten pounds to the Judges out of the offenders Effects to be left out, & be paid wholly by the Province.
SECRETARY.
Minutes of Council are very troublesome and orders on Petcons. generally Long.
REGISTER.
The fee formerly to the Secry. was 12s., because they are drawn by him, and the Collectors 6s., they were made in the Secry's ab- sence, 4s. to him, & 8s. to the Collrs .; 'tis now proposed that each shall be equal, vizt: 6s. Justices, Coroners, Sheriffs & Clerks Com- missions ought not to be less than the fee for the great seal Affixed to them ; The fees should be several, vizt : Coroners 6s., Sheriffs of Philadia. 10 s., Bucks, &c., & so the Clerks.
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PROVINCIAL COUNCIL.
PROPRIETORS SECRY.
Minute Warrt. & Record, Patent, Recital,
4s. 6. 10s.
1s
The officer concerned was absent when the last bill was past, and there was none to represent him.
JUSTICES FEES.
The Govr. insists on it that all original Process shall issue out of the office; and therefore, till this is settled the fees cannot be so, there is no service in the Justice signing the original Writts, but may occasion danger, Loss, with other Inconveniencies : in the rest lett the fees be as in the last act.
ATTORNEY GENERAL.
Drawing Judgments is the business of the Clerk of the Peace, and therefore to be left out here.
SHERIFS.
Leave out & three pence, &c. above £100. PROTHONOTARY OF THE SUPREAM COURT.
The several parts of business carried by the bill from ye Clerk to ye attorney should be restored, only altering the fees, Leave out in all the Clerks fees, (if drawn by the Clerk.)
PROTHONOTARY OF THE COMMON PLEAS. Add the fees in this as in the former.
ffive members from the House, vizt. : Richd. Hill, Nich. Waln, Nich. Pyle, Clet. Plumstead & Thos. Stevenson, in a message, waited on the Govr. to inform him that the House is now about reading the Impost Bill the 3d time, and that they proposed the duty on Wine & Rum shall be immediately paid in the specie upon Landing.
To which the Govr. answered, they should hear from him by a message from this board.
At a Council held at Philadia., the 25th of March, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieutt. Governr.
Griffith Owen, Isaac Norris,
Joseph Growdon, Esq'rs. Samll. Preston, Esq'rs,
James Logan,
Robert Assheton.
Two members, in a message from the House, Desire the Govr. would be pleased to favour the House with such parts of the bill of fees as the board has fully Considered, & that they would Dispatch the other parts that the whole may be Concluded, & divers parts of the Bill were accordingly Delivered to them.
To the Bill for Establishing fees several amendments were made.
The Impost bill was read, & Joseph Growdon, James Logan, Isaac Norris & Samll Preston, were appointed to go on a message to the Assembly, & inform them that he was not satisfied with the method proposed in the raising the money for him in that Bill, and
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yt it would never answer the end intended by it, & Desired they would be more effectual & Certain, and they being returned told the Govr. the Assembly was risen. Therefore, it is Ordered that same thing be drawn in writing to present to the House this afternoon, wch was accordingly done in these words : The Bill of fees, &ct.
The Bill of fees is returned whole to the House, with the Govrs. amendments, by the assistance of the Council, & He desires the House to take it altogether, with his several objections, as well to the manner of Issuing of Writs as ye fees themselves, into their fur- ther consideracon.
The Govr. is sorry he must finally tell the House, that the Bill of Impost is so far from being satisfactory that he Conceives he cannot be secure by any Grant of that kind, for he Cannot believe it proba- ble that the act will be in force long enough to raise even the first Paymt. ; And should it come repealed in any short time, those who shall then have pd. their money, by virtue of an act Declared void, cannot be expected to sitt quiet under the Loss, without suing the officers, who will then have no Law to plead in their Defence, and what Confusion might arise from hence the House may Consider.
But further, the House contrary to their own message of yesterday, have Joyned the Impost on negroes, (wch. in it self would rather prove a prohibition than a Fund,) with the rest in the same act, wch were no other methods used, would hasten its repeal in Great Brit- tain. 'Tis further proposed by the Bill that if this fund fail, the Payment shall be made Good out of the next money to be raised by any other act ; but the House is Desired to Consider that it is the Repeal of the act that is apprehended, & when repealed it cannot bind any man, much less the assembly, in any other subsequent act for raising of money, which they will Certainly dispose of as they shall see Cause. But what weight former acts have upon ensuing Assemblies, the present House may observe in their own under- taking by this Bill to dispose of money raised by a former act, (ye last that was ever past, & which has not that we know of been re- pealed,) in a manner directly Contrary to ye Express words of that act ; But that ye Govr. may spend neither his own time, nor the Assembly theirs in vain, Lett the House take a proper & secure method to raise money, & the Govr. will be ready to Discharge his part, otherwise he Cannot think he is Justifiable unto himself to pro- ceed any further.
POST MERIDIEM, Present, iidem qui antea.
The foregoing Draught being read and approved, it was ordered to be Copied & sent to ye House. A message by 2 members, Desired to know if the bill of fees were ready for the House, and it was De- livered to ym. Compleat with ye objections, also the Govrs. Preceed- ing Papers of objections to the impost Bill, was sent by the same hand.
Richd. Hill, John Swift & Nich. Pyle, in a message from the House, returned the Impost bill, with the words (not otherwise ap-
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propriated,) struck out of it ; as also the bill of fees as amended by the house ; but the Govr. positively told them He could never agree to the impost act as now drawn, for that he was satisfied Nothing like the sum proposed Could ever be raised by it.
At a Council held at Philadia., the 26th of March, 1715, P. M. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
Joseph Growdon, Esq'rs. Robt. Assheton,
Samll. Preston,
Esq'rs.
James Logan,
The Govr. acquainted the board that he had this morning received a message from the House by Clemt. Plumstead, & two other mem- bers, acquainting him that the House of Representatives are very much concerned they cannot satisfy him in the Impost act, that they want no Inclinacons. to oblige him, & in Order to it, had come to some resolves, the substance of which they repeated to him ; but he answered them ye House must deliver them to him in writing, which they had done accordingly, and they were read in these words :
A motion being made and the Question be put, That the Inhabi- tants of this Province in General pay but one half of the Impost Duty on Wine, Rum, &c., During the whole term. That all Wine, Rum, &c., belonging to non Residents, pay the full duty ; That the Impost Bill be dissected, & the Duty on Negroes be in a Bill by itself, as before Resolved by this House, and that the said Duties be Continued for three years.
Resolved in the affirmative.
Two members, Toby Leech & Thos. Stevenson, in a message from the House, desire to know the Govrs. Result upon the message from the House to him by three of their members in the morning, for that the Day & week, or both, nearly at an End, & the House Con- cludes, if they cannot succeed better in their Endeavours, to loose no more time from their families & business at home.
The Govr. answered that they might use their freedom, but he could never accept a name only instead of ye substance, and that therefore he was not at all satisfied wth what they had proposed ; but he had still hopes the House would further Consider of it, that Justice might be done him, & then adjourned.
At a Council held at Philadia., ye 16th of April., 1715.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lieut. Governour.
Griffith Owen, Isaac Norris,
Joseph Growdon, Esq'rs. Samll. Preston, Esq'rs.
James Logan,
Robert Assheton.
The Govr. complained to the board that the Assembly of this Province having Divers Bills and matters of the greatest importance before them, most of which he thought were in a very likely way to
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be dispatched, had without his consent taken upon themselves to the end or near it, of their yearly session, Whereby he conceived him- self laid under a necessity of Calling them together again, but Judged it Necessary to take the advice of the Board in it, and it was the opinion of the board that the 2d of May would (viz: next Monday come week) be a proper time, and the Secry. is ordered to make out writts of summons accordingly, which were drawn in these terms.
Charles Gookin, Esqr., Ltt. Govr. of the Province of Pennsylvia. To the Sherif of the County of Chester.
Whereas, the Assembly of this Province, having in the month of March last Divers matters of the Greatest weight & Importance before them, Which required to be Dispatcht for the Publick Good & safety of all his Majesties subjects in this Govrmt., they, ye said Assembly, notwithstanding, tho't fitt without my Consent or appro- bation to adjourn themselves to the latter end of their yearly session ; by which means ye Expectations of all good People, who depended on a suitable Provision to be then forthwith made to answer the several Exigencies of the Govermt. became intirely Disappointed, the Great inconveniencies of wch must still continue unremedied, untill another Assembly be Chosen, Unless they are called together before the time of their said adjournment. These therefore are by and with the advice of ye Council, to require and command you that you forthwith summon all the Representatives Chosen in your County for ye sd. Assembly, that they meet me at Philadia. the second Day of May next, to proceed to the Dispatch of the sd. affairs, & such other matter as I may have occasion to lay before ym., and without delay make return of this writt into the Secry's office.
Given under my hand & lesser seal of this Province at Philadia. the sixteenth day of April., Anno Dom., 1715.
CHARLES GOOKIN.
At a Council held at Philadelpia., the 3d of May, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr. Joseph Growdon, Jonathn. Dickinson,
James Logan,
Isaac Norris, $ Esq'rs. Robert Assheton. 1 Esq'rs.
The Govr. acquainted the board, that Richard Hill & Joseph Kirk- bride, Two members of Assembly, Came on a message from ye House to know if he had any thing to lay before them. He told them that he had ordered a Council to be summoned to meet him who were not yet come, and that he was afraid it would be difficult to get a Coun- cil together this morning; that he must refer himself to his speech made to the House at their first meeting the beginning of the year ; and what he had further to say was contained in the paper he then deliver'd to ye said members to communicate to the House, and it is as follows :
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PROVINCIAL COUNCIL.
GENTLEMEN :
Altho' your affairs would not allow you time, when last together, to Dispatch the Important Business then before you, Yet how con- sistent your breaking up & adjournmt. to ye end of the Year was to your Trust & Duty, you have by this time I suppose had occasion to Consider.
As by that adjournment, it followed that either the Great Exigen- cies of ye Govmt. must remain unprovided for till another election, or that I must call you again by a Writt. I found it necessary, in Discharge of the trust Reposed in me, to give you this opportunity of Retreiving what before you had otherwise put out of your power.
The administration of Justice is by all men acknowledged the life of Govmt., wch has to our Reproach, as well as great Insecurity to his Majesty's subjects here, lain for a long time Dead, and a Provi- sion for my support, wch you are sensible is justly Due to me, both Call for a Dispatch, wch now you are more at leisure, I hope will be given them without delay.
The Bill prepared for the first of these may be Easily Accommo- ted, if you will prefer good order & Regularity in your proceedings to novelty & untryed Experiments, and how unfitt the methods pro- posed for the Latter would be found, you Cannot, on further Reflec- tion but be sensible; nor is it improper to Consider how just they would have proved had they been practicable, since I find it a Gene- ral Complaint of the merchants, that the Liquor from wch most of the Tax must have Risen will not now, after their voyages are made Return the first Cost to the adventurers. I hope, therefore, you will of yourselves be Convinced of the Necessity there is to take more equal measures.
Gent : I have since my arrival here mett with Assemblys of every Different Tempers, wth. some of which I have not been able to effect any business, such has been ye unhappiness of this province in those years, but as you have Exprest a hearty Zeal for the good of the Publick, not without some Respect to my affairs, so I shall Depend on your Care & Resolution to Dispatch what relates to both, In which I must earnestly Recommend what Temper & unanimity which will alwayes best forward Business, and shall only put you in mind, that the best Test of a Peoples Principles is their publick ac- tions when not accountable by any Law, but yt of their Consciencies & Honour.
At a Council held at Philadia., the 4th of May, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieutt. Governour.
Griffith Owen,
Joseph Growdon, Esq'rs. James Logan,
Robert Assheton.
Esq'rs.
The Govr. laid before the board a message he had received from the House, which was ordered to be read, and is as follows :
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This House having taken the Govrs. message this Day into Con- sideration, Do find it necessary, before we enter into a more particu- lar answer, to signify that we are ready to proceed upon ye Bills, prepared & laid before the Govr. for his Concurrence, And make the same Provision for him as was then proposed ; For the Circum- stances of the Country will at present Admitt of no other.
3d of 3d mo., 1715.
By ordr. of the House,
DAV'D. LLOYD, Speaker.
In answer to which ye following was drawn up, and ordered, when transcribed, to be Carried to the House by Joseph Growdon & Doctr. Owen in the afternoon.
The Govr. is ready to proceed with the Assembly to finish the business Depending, but Can't be perswaded but that it is as much a part of the Assembly's business to provide for a support for the Govr. as for any other Exigence of the Country; the methods hith- erto proposed will by no means answer the end, & therefore the Govr. Desires the House to think of some other that may prove both more effectual & more equal, otherwise he will have reason to think that while care is taken of all other, the wants of the Countrey; it is not intended there should be any regard had of him or his sup- port in the administration, wch when the Assembly considers, 'tis hoped they cannot expect his Concurrence in other matters, upon terms so hard to himself. Both the Govr. and Countrey are great sufferers at present, for want of necessary Bills to be passed into Laws, & it Lyes wholly in the breast of the Assembly to make both Easy.
May ye 6th, 1715.
The Govr. received by 2 members, in a message from the House, ye following Address :
May it please the Govr.,
This House being fully satisfied that their faithful Endeavours have not been wanting to promote the Publick Good of this Province as much as in them lies, according to the trust reposed in them, As may appear by those necessary bills which they presented to the Govr. before their last adjournment, tho' at a juncture when their own private affairs suffered by their absence ; therefore conceive that no just cause has been given for the imputations, wch seem to be cast upon us by thy summons, & two written messages of the 3d & 4th Inst. ; and as to our adjournment to the latter part of the year without any approbation, and thereby putting it out of our power to do any thing further. It was then Considered and Can't be denied but that we had done what we could in preparing matters for thy Concurrences with this House, wch we are well assured would have proved effectual, both to answer the Exigencies of this Province & support the administration of Govmt., if thou hadst thought fitt to have given thy sanction thereto. But contrary to the Expectation of this House, thou wast pleased to Deny Passing of any one bill then made ready, unless some particular members of this House would
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actually become engaged for the payment of a certain sum in lieu of what was proposed to be raised for thy support. This gave the As- sembly too much ground to suspect there might be some new at- tempt by persons disaffected to our proceedings to frustrate ye same, as 'tis suggested was the fate of the last Assembly, by an Expecta- con given the Govr. of otherwise supplying him with a sum of money on those conditions ; which practices were ever introduced, as they are inconsistent with an English Constitution, so they must needs tend to nothing but confusion & disorder ; therefore we thought it better adjourn, & retire to our own private business, & leave the Govr. to ponder things in his own mind, or further Consult his Council, or other friends to this Govrmt., as he might see occasion. Not forgetting that it was in his power to call us again, whenever he should find himself Disposed to act in Conjunction with us, & pass the said bills into Laws, or such of them on which the security & Protection of ye People of this Province so much depends.
And now may it please the Govr., being again mett, we do wth. hearty Desires Earnestly intreat thee to take these things into Con- sideration, & properly to use thy power in rendering to the people their Just right, vizt. ; the administration of justice & the benefit of the laws wch is the true end of Govmt., & such an inherent right in the subjects of Great Brittain as could reasonably be expected, should now be purchased under the proprietor from whom, wth. the sweat of ye brow, a wilderness has been cultivated to a fruitful field & a handsome Colony added to ye Crown; & altho' this House has not been unmindful of the Ltt. Govr., but have as a Token of their Gratitude made a suitable provision for his support in the adminis- tration of Govmt., yet we crave leave once more to acquaint the Govr., we ask no new privilege of Power or Property to ourselves or those we represent ; and therefore, as his Grand Council and hearty well wishers give it as our opinion, that he ought to invest the peo- ple of this Province, over whom the Propr., by Commission, hon- oured with the Royal approbation, hath given him charge with their just rights, in wch this House is ready to perform their part, & not to imbarass or delay the same so much to the injury of the Kings subjects here, in rendering them thereby more unhappy than in any other part of his Majesty's Dominions.
We think the methods proposed to raise the supply are Equal, and we hope the Govr. was of that opinion, when he proposed the above mentioned security ; And tho' the time is much Lapsed, we Conclude that the sum proposed may yet be raised by the Impost act ; But if it should not, we shall give the Govr. all the assurances that the assembly can properly give, to make good the deficiency.
And the next day, vizt: ye 7th of May, 1715, by 2 members sent to the Govr. in a message from the House, He sent the follow- ing answer.
GENTLEMEN :
The Council are unwilling to assist me in answering your late message, & gave me a good reason for it; being now alone, I shall not take it to pieces, but only take notice to you, That what you
25*
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mention about my requiring security for ye money you Promised was spoken Jocularly, and so I told the messengers, & forbid them to Deliver it as a message; yet, you answer it as one, which I can't but say, looks with a very unkind air, & your mentioning a story of money offered me the last year is of the same nature; for 'tis very well known 'Twas proposed only by one person, & I with scorn Re- jected it.
But to Come to the matter, I am very willing to agree with you in most of the Bills proposed for my assent ; But that of the Impost seems to me to be so unequally laid, that I cannot Clear my Con- science of Partiality should I pass it, as now Drawn up; Besides, should the merchants make no opposition to it, 'twill come very far short of the end you propose. Therefore, I earnestly Desire you will take it into your further consideration.
Four members of Assembly, in a message from the House brought the Govr. the following resolve, and craved his answer to the same, vizt.
Resolved, That if the Govr. (according to the expectations fre- quently given) will Pass the Bills laid before him, this House will raise a Land Tax, & Increase the duty upon Wine, & Continue it upon Negroes, Hopps, Cyder & Rum brought in, not from the place of Growth; as also upon Rum imported or Consigned by non Resi- dents.
In answer to which the Govr. ordered them to inform the House he would pass all the bills together, when the Bill for a support was ready.
Upon wch the House, with ye Govrs. approbation, adjourned for 2 weeks, to ye 23d Instant.
At a Council held at Philadia., the 26th of May, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieutt. Governour.
Joseph Growdon,
Saml. Preston,
Griffith Owen, Esq'rs. Jonathn. Dickinson,
James Logan,
Robert Assheton,
(Esq's.
The Govr. acquainted ye Board, that ye House of Representatives having failed of making a House on ye 23d Inst., to wch day they had adjd., they had applied to him ye Day following, to acquaint him with it; whereupon, he had by his summons to meet him made them a house, & that he had yesterday & to day reced. three bills from them, under these Titles, vizt. : An act for Laying a Duty on Wine, Rum, brandy, Cyder & Hopps, imported into this Province, An act for Raising a supply of 1d. per pound & 4s, per head; An act for Laying a Duty upon Negroes, imported into this Province, which were read & Considered, & divers small amenmts. being pro- posed J. Growdon & S. Preston were ordered to Carry the same to ye Assembly, together with ye said amendmts. & the House agreed to them, returned them to the Govr. by Clemt. Plumsted & Nath. Newlin.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., the 27th of May, 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr. Lieutt. Govr.
Joseph Growdon, Griffith Owen,
1 Esq'rs.
Samuel Preston,
Jonathn. Dickinson, Esq'rs.
James Logan,
Robert Assheton,
Isaac Norris,
The Govr. acquainted the Board, that he had reced. a message from the House, Desiring he would appoint some members of this Board to Joyn a Committee of the House, to Examine ye engrossed Copies of the Laws that were agreed to be passed ; & that the House having Desired the supply bill might be returned to them, that they might add a Clause to it in favour of the widow Carpenter, grounded upon her late Peticon. to the House, had sent it up again to ye Board, & the said Clause for enabling the said widow as Executor to her Dec'd. Husband, to receive the arrears of the £2000 Tax, being read, & approved, was sent again to ye House by the Secry. and Jonathn. Dickinson, who had it further in Charge, to propose some further amendments to Certain other Bills, vizt. : that instead of four Provincial Judges, as it stands now in the Bill for erecting a Supreme Court, ye number should be reduced to three only. . That the precipe Directed in the Bill for Practice be dropt, & that writts should be issued as formerly out of the office & not signed by a magistrate ; & the Secry., Jonathn. Dickinson & Robert Assheton are appointed a Committee from this board, to meet another from the House, to Examine the Engrossed Bills to be past in the morning.
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