USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 39
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" The Bill having been considered by Paragraphs in Council, some " further Amendments are made which may be of Use when those " most momentous Points are concluded, in the mean time I here- " with send them.
"When it is drawn clear of such material Objections, I doubt " not but when I, with the Council, Assembly, & all the Merchants " & Gentlemen of Note in the Place, whose Concurrence I hope is " fully to be depended on, shall universally joyn in a humble Repre- " sentation to His Majesty & to his Council, for us, vizt : The Lords "Commissioners for Trade & Plantations, to be negotiated by a " proper Agent, furnished with a sufficient Sum of Money from " hence, we may then with good Reason hope for the Royal Appro- "bation to the Act, or at least that it shall not be repealed, & then "we shall be secure. And this I most Earnestly recommend to " your further serious Consideration.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, March 31st, 1729.
PRESENT :
The honble PATRICK GORDON, Esqr., Lieut. Governr.
William Fish bourn, Clement Plumsted,
Ralph Asheton, Samuel Hazle. Esq'rs.
Thomas Laurence,
The Assembly of this Province having represented to the Gover- nour, by their Address of the 29th currt. now read, that several menacing Speeches had been used towards some Members of their House, as well as private Persons, whereby the Publick Peace was like to be endangered, therefore humbly pray that a Proclamation may be issued, for the more effectual suppressing all Riots & Disor- ders, & for putting in Force the Statute made in the first year of His Late Majesty King George, Entituled, An Act for preventing Tumults & riotous Assemblies, & for the more speedy and effectual punishing the Rioters ; And a Draught of the proclamation to the purposes aforesaid being presented to the Board, the same was read & approved, & Ordered to be sealed & forthwith published, & is in these words.
"BY THE HONOURABLE PATRICK GORDON ESQR., "Lieut. Governour of the Province of Pensylvania & counties of "Newcastle, Kent & Sussex, upon Delaware.
"A PROCLAMATION.
" WHEREAS, several dissolute & disorderly Persons, press'd by " their necessitous Circumstances, do daily crowd into this Province, "as well from Parts beyond the Sea, as from our neighbouring "Colonies, & bringing with them Dispositions incompatible with " that good Order, Peace and Unanimity which are acknowledged " by all rational Men to be the foundation as well as Glory of all " Civil Societies, & fomented by some restless Persons amongst our- " selves, disaffected to the Peace & Prosperity of this Government, "endeavour to raise heats & animosities amongst the Inhabitants, "instead of that mutual Love & Benevolence which has hitherto, " under the Divine Providence, been their Protection, & for which " this Province has till of late years been remarkably conspicuous, " since its first Settlement under our late Honourable Proprietor, "from whom, under His Majesty, we derive all those Liberties & " Privileges which have raised the Reputation of this Province, & "endeared to us the Memory of our Honourable Founder. These "Persons, actuated by such Principles & encouraged by such In- " cendiaries, setting at naught the just Powers of Government and " the obedience due thereto, have had the assurauce even to menace " some Members of the Representative Body, now mett in Assembly "at Philadelphia, as well as private Persons, to the disturbance of " the Peace & Delay of the publick Service, as has been fully re- " presented to me by an Address from that House, declaring their " Abhorrence of such Practice, & praying that the Laws now in " Force in England against Riots may, pursuant to a Law of this
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" Province, be vigorously putt in Execution ; THEREFORE, being " firmly resolved to proceed with all due Severity against such Of- " fenders, their Aiders & Abetters, I have thought fitt by & with the " Advice of the Council to Charge, & I do hereby strictly charge " and command all persons whatsoever within this Province, & par- ' " ticularly within the City of Philadelphia, that they carefully Keep " His Majesty's Peace within the same. And for that End I hereby " strictly charge & Require the Mayor, Recorder, Magistrates & "other Officers of the City of Philadia, all justices, Sherifs, Con- " stables & other Officers within the Province of Pennsylvania, to " whom the Conservation of the Publick Peace doth more imme- " diately belong, to be vigilant & carefull in the Discharge of their "respective Duties, & in case of any Riots, Tumult or other Disor- " der, they immediately putt in Execution against all such Riotors, " their Aiders & Abetters, the Statute made in the first year of the " Reign of Our late Sovereign Lord KING GEORGE, of blessed " Memory, Entituled An Act for preventing Tumults & riotous As- " semblies ; & for the more speedy & effectual punishing the Rioters, " Hereby Enjoyning the Justices of His Majestys Peace to cause " the said Act to be published at the respective Courts of Quarter " Sessions for each County of this Province, and the Mayor & Re- " corder of Philadelphia to doe the same at the Court of Quarter " Sessions for the said City. And I do moreover strictly Charge & " Command the respective Sherifs in this Province, to hold them- " selves & their Officers in a Readiness, upon occasion given, to raise " the Posse Comitatus, as the Laws of Britain in such Cases direct, " to quell & reduce by Force all Tumults, Riots & Disorders which " may happen within their respective Bailywicks, & the Offenders to " seize & apprehend, in order to be committed to Prison & proceeded " against according to the Direction of the said Statute.
" Given under my hand & the Great Seal of the said Province, at " Philadelphia, the thirty first day of March, in the second year of " the Reign of our Sovereign Lord GEORGE the Second, by the " Grace of God King of Great Britain, France & Ireland, Defender "of the Faith, &c., Annoq Domini 1729.
"P. GORDON.
" GOD SAVE THE KING."
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April 2d, 1729.
MEMORANDUM : The Papermoney Bill being yesterday again brought up to the Governour, & it appearing that the House had conceded to none of the material Amendments proposed, except the Abatement of the Sum from Fifty to Forty thousand Pounds, His Honour sent for the House & spoke to them as followes :
" Mr. Speaker & Gentlemen of the House of Representatives.
" I can scarce express my astonishment upon perusing the Bill for " Emitting more Paper Currency, as you have now returned it to " me, when I observe there is not the least Amendment in any of " the material Points mentioned in my Message of Tuesday the 25th
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PROVINCIAL COUNCIL.
" of March conceded to, except the Abatement of the Sum from " Fifty to Forty thousand Pounds, which is still greater than the " most eager for a Paper Currency that I meet or can converse with, " think either proper or reasonable for us.
" Surely you have not considered that one full half of the Powers " of Legislature is lodged in me, & that I represent both His Majesty " & our Governour in Chief, otherwise I might have expected to " have heard your Reasons for such a Conduct. I am very sensible " there are some amongst us who, on certain unjustifiable Projects, " would be better pleased to see the Bill rejected than that I should " have the Pleasure of doing an Act so much for the Service of the " People of Pensylvania. But as there has always hitherto subsisted " a perfect good Understanding between the Assemblies of this " Province & me, since my first arrival, I hope your House, Gentle- " men, will resolve effectually to disappoint all such dishonourable " Views.
" I have openly declared myself a Friend to our Paper Currency, " & desirous to promote an Addition to it in such a manner as I can " account for to His Majesty & my superiors. We are both agreed " on the Necessity of the thing, but unhappily differ in the manner " of doing it. I am for the cautious & most secure part, for the " Interest of the whole Country; and tho' I am of Opinion that the " postponing the Emission till His Majesty's Royal Assent can be " had to the Bill, may give great Delay, yet I believe another Expe- " dient may be found safe & honourable for us both. You on the " other hand, apprehend there is so little Danger of a Repeal, that " you have even blended our present Currency with the sum to be " emitted by this Bill, by which we evidently hazard both ; & indeed "'tis strange that while we are endeavouring for more money, we " should risque the sum we now have, & by grasping at too much we " may probably loose all. For whatever Construction People are " pleased to putt upon the Directions of my Lords Commissioners " of Trade & Plantations, I think myself obliged to pay a due Defer- " ence to that Honble Board, as His Majesty's Council in what regards " the Interest & Prosperity of His American Colonies.
" There has been already too much of your Time spent to little "Purpose. I am sorry, yet sure that I am not to blame for it. If " it is really intended that the Necessity we are under should be re- " lieved by a reasonable Addition to our Paper Currency, the means " I think are not very difficult, in which I shall most cheerfully joyn, " for I have nothing so much at Heart as giving Ease & Satisfaction " to the People of this Province. But if it should be insisted on " that this Bill, in the Terms 'tis now conceived & none other, must " answer the End proposed, it will be evident to all Men who will " cooly consider it, that the People's Disappointment will not lie at " my Door."
To which the House, on the 3d of April, sent the following Ad- dress in Answer :
" May it please the Governour,
" It is with great Concern we find ourselves disappointed in ob-
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" taining the Governour's Approbation to the Papermoney Act, in " which we have spent so much Time & Pains, & tho' we could not " agree to all the Amendments proposed by the Governour, yet we " hope it will not from thence be inferred that we have come short " of the Respect which is due to the Governour's Judgement ; for we " conceive it the undoubted Privilege of the House to judge of any " Amendments made by the Governour, & only agree to them as " they seem just & agreeable to the true Interest of the People whom " we represent. And we take Leave to assure the Governour, that " as it is our earnest Desire to provide for the Necessities of the " People of this Province, by an addition to our Paper Currency, " so we shall not be wanting to do every thing on our parts that we " can conceive safe & honourable, for effecting that good End. But " forasmuch as this House cannot clearly apprehend, from any thing " hitherto said to us by the Governour, what it is in which we differ, " We humbly propose that the Governour will be pleased to agree to " a Conference with this House, in order to clear up those Difficul- " ties which we seem to lye under, in not rightly understanding the " Governour's Several Messages on the Subject of our Paper Cur- " rency.
" Signed by Order of the House." DAVID LLOYD, Speaker.
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April 4th, 1729.
The Governour at the Request of the House mentioned in the foregoing Address, did this day appoint a Conference at his own House, where were present of the Council.
Richard Hill,
Isaac Norris,
Clement Plumsted, Thomas Laurence, Esq'rs.
Saml. Preston,
Samuel Hazle.
William Fishbourn,
And the Speaker with the whole House.
The Governour opened the Conference, & the Debate turned Chiefly on these five Points.
1st. That Forty thousand Pounds addition to our present Curren- cy would be too large a Sum, & that Twenty five thousand pounds might be sufficient.
2d. That it would injure the Credit of the Money to reduce the Interest from 5 to 4 per Cent.
3d. That to prevent any Opposition to the Bill in England a Provision be made for Sterling Payments, & especially the Proprie- tary Quitt rents.
4th. That the term for Payment be ten years : &
5th. That to show a due Deference to the Orders of the Lords Commissioners for Trade & Plantation, the money should not be emitted till the Act be laid before their Lordships, in order to obtain the Royal Assent to the same.
Which Points being fully spoke to & debated, the House withdrew & the Conference Ended.
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PROVINCIAL COUNCIL.
April 5th.
The Governor upon mature Deliberation & the best Advice he could have, thought fitt next day to send a Message to the House desiring that three of their Members might attend him, which being ordered accordingly, His Honour told them to acquaint the House that he having considered what pass'd in the Conference of yesterday, was of Opinion That twenty five thousand Pounds may be a suffi- cient Addition to our Currency, but if it is thought too small He will agree to Thirty thousand Pounds.
That the Interest be kept up to five per Cent.
That the Term for Repayment be twelve years & a half, agreeable to that in the former Bills : But,
That he must insist the Bill should not take place till nine Months after passing it, & then he would use all his Interest to gett the same confirmed at home.
N. B. Upon the Application of the House the Governor receded from the Nine Months, & agreed that the Emission should be on the Ist of October next.
- May 1st, 1729.
The House having requested the Governour to appoint some time prior to the 1st of October for the Emission of the Money, His Honour was pleased to condesend thereto, & named the 15th of Sep- tember for that Purpose.
At a Council held at Philadelphia, May 2d, 1729.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill,
William Fishbourne,
Clement Plumsted,
Thomas Laurence,
Samuel Hazle,
Esq'rs.
A Return being made by the Order dated the 20th day of Febru- ary last, for running a Division Line in the County of Chester, & settling the Boundaries of the County to be erected in the back parts of this Province towards Sasquehannah, pursuant to the Minute of Council of the 20th of said February, the same was read, approved, & confirmed, & is in these Words :
" Pursuant to a Warrant from the Honourable Patrick Gordon, " Esquire, Lieutenant Governour of the Province of Pensilvania & " Counties of Newcastle, Kent & Sussex upon Delaware, bearing " Date the 22d day of February last past, We whose Names are here- " unto subscribed, mett together on the 17th day of March, 1728-9, " near the head of the Northern Branch of Octararoe Creek, & with " the Assistance of John Taylor, Surveyor of the County of Chester, " run a Line from the said Branch to the River Schuylkill, according " to the Courses following, vizt: Beginning on a Corner marked " White Oak standing on the Eastern side of the said Branch on the
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" Land of John Minshall, thence North East by North five hundred " & Eighty Perches to a Chestnut Oak standing on the top of a " barren Mountain at the head of the Branches of the said Octera- " roe Creek, thence along the said Mountain North East by East " three hundred & forty Perches to a Chestnut Tree, thence North " North East four hundred and forty Perches to a White Oak, by a " Branch of Pequea Creek, thence continuing the same Course along " the said Monntain four hundred and Eighty perches to a Chestnut " Oak, thence North by East seven hundred Perches to a white Oak " near a small Branch of Brandywine Creek, thence North by West " six hundred & sixteen Perches to a Chestnut tree standing on the " Top of a Mountain at the head of the Western Branch of the said " Brandywine Creek, thence East North East along the said Moun- " tain two thousand two hundred and twenty Perches to a Chestuut " tree near the Western Branch of the French Creek, thence North " East by East three hundred & fifty Perches to a red Oak, thence " North East one hundred & ninety Perches to a Chestnut Oak near " another Branch of the said French Creek, thence North East by " North two thosuand one hundred Perches to a Corner marked " White Oak standing by the said River Schuylkill about three " Quarters of a Mile below the House of John Burroughs."
Henry Hayes Tobias Hendricks,
Samuel Hollingsworth,
Samuel Blunston,
Philip Taylor,
Andrew Cornish,
Elisha Gatchel,
Thomas Edwards,
James James, John Wright,
John Musgrave.
And the upper parts of this Province described as aforesaid, are hereby declared to be Erected, & are accordingly Erected into a County, by the name of LANCASTER COUNTY. And 'TIS OR- DERED that the same be signified to the House of Representatives, & the Return laid before them for their Direction in describing the Boundaries thereof in the Bill now before them for establishing Courts of Judicature, &c., within the same.
Then was read the Bill for Erecting of Pounds as amended by the House, to which the Board agrees, & 'tis Ordered to be returned & engrossed.
The Bill for emittiting Papermoney again sent up was likewise read. It appeared the House had agreed to reduce the Sum to Thirty thousand Pounds, to make the Interest five per Cent. but had kept up the Term for Repayment to sixteen years, and had likewise added two Clauses, One for lending the Sum of One thousand Pounds to the Mayor & Commonalty of the City of Philadelphia, for building an Almshouse for the poor of the said City, & the Other for deliver- ing two thousand Pounds to Trustees, in the Bill mentioned for building a House for the Representatives to meet & sitt in General Assembly in the said City.
And the said Bill being agreed to, was ordered to be returned to the House without any further Amendment except this, that the
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PROVINCIAL COUNCIL.
Governr. should endeavour if possible to gett the Term of Sixteen years reduced to twelve & a half.
May 6th.
MEMORANDUM : The following Message with the Paper money - Bill, was this day sent from the Governour to the House :
" Gentlemen :
" I herewith send you the Bill for Emitting Papermoney, to which " I shall not now make any other Objection, if you think it suffi- " ciently guarded, than, having expected to see the Term for sinking " it fixed at twelve years & a half, as I desired it, I find myself " oblig'd, the longer I consider it, the more to press that it may be " reduced, for these Reasons :
" To have such different Terms for repaying our Bills must neces- " sarily occasion a great Confusion in the Accounts of the office, " which at best will be but too perplexed.
" That usefull Re-emitting Act in granting a longer Term in this, " will be of much less service to the Country, for 'tis very probable " that most of the Borrowers may covet to take up Money on this " Act only, while the Bills paid in on the other may lie dead in the " office.
" It is a general prevailing Opinion, & especially in Britain, that " the lower the Interest & the longer the Term is the Money will be " of less Credit ; And as the last Bill for the same Sum & on the " same Interest was for twelve years & a half, their Lordships of the " Board of Trade will conceive this to be so much worse than the " former by all that Difference, and of Consequence be so much the " more inclined to disapprove it.
" To which I must add, that if it be seriously considered it will " not be found so much to the real Interest of the Borrowers to have " an Opportunity of lying longer in Debt, as some may imagine. "For certainly it is a Disadvantage to any Man to have his " Estate incumbered, if he reaps not a much greater Benefit some " other way.
" Upon the whole I must desire it of you, that as I am most im- " mediately answerable for the Acts I pass, I may be made easy in " them; but I can never be easy to pass an Act that shall be more " disadvantageous to the Currency than any of those that have al- " ready been passed in this Province.
" I take this further Opportunity, Gentlemen, earnestly to recom- " mend to you the Dispatch of all such other Bills as are necessary " to prevent the growing Disorders in this Country. You cannot " but be sensible how much a Provision of this kind is wanted; I " desire you therefore without Delay, to enter into the further Con- " sideration of the several Parts of my first speech to you, & while " we are guarding against the Inundation upon us of such as may " add to these Disorders, you cannot but think with me, that it is " absolutely necessary to enable the Inhabitants on Sasquehannah to " exert the Powers of Government in those Parts were great Num-
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" bers of the worst seek a shelter in hopes of Impunity in their " greatest Distance from a more regular Administration of Justice, I " must therefore desire, that you would also dispatch the Bill for " erecting those parts into a County, agreeable to the Steps I have " already made in it, that all those Bills may be passed together & " be transmitted home by the Opportunity that will now very short- " ly offer."
To this Message the House returned the following Answer :
" May it please the Governour :
" The House have most maturely considered of that part of the " Governour's Message relating to the Term of years proposed as an " Amendment to the Bill for emitting a Paper Currency, & beg " Leave to say, that we conceive any Alteration from the Bill as it " now stands, will really render it less serviceable for the good Ends " for which it is proposed, and for that Reason we hope the Govern- " our will approve of the Bill as it has been laid before Him by this " House : And as to the other parts of the Governour's Message, we " have taken the same into Consideration, & are giving all possible " Dispatch to the Business recommended to us by the Governour. " Signed by Order of the House."
DAVID LLOYD, Speaker.
May 6th, 1729. The Governour reply'd,
That he would have no further Contention about the Bill, but since the House seems so zealously inclined to have it pass as it now stands, he will agree to it.
At a Council held at Philadia., May 8th, 1729.
PRESENT :
The Honble PATRICK GORDON, Esqur., Lieut. Governr, William Fishbourn, Ralph Asheton,
Clement Plumsted, Samuel Hazele. Esq'rs.
Thomas Laurence,
A Bill sent up from the House Entituled AN ACT for Erecting the upper parts of the Province of Pensylvania, lying towards Sas- quehannah, Conestogoe, Dunnegal, &c., into a County, was read to which it was proposed & agreed that a Clause should be drawn up & sent to the House, to be inserted therein, for continuing all such suits & actions as are now depending in the County of Chester, against any inhabitant of the County of Lancaster, and that the same may be brought to Issue in the said County of Chester ; which with some other small Amendments, were Ordered to be carried down with the Bill.
Then the Governour recommended to the Board to consider of proper Persons to be appointed Justices of Peace of the said County. of Lancaster, & be commissionated for the Office of Sherif & Coroner, and the following Persons were named for Justices, vizt : John Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish,
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Thomas Edwards, Caleb Peirce, Thomas Reid & Samuel Jones, Esquires.
Robert Barber was likewise appointed Sherif, & Andrew Galbraith Coroner. And Commisions were ordered to be prepared accordingly.
At a Council held at Philadelphia, May 9th, 1729.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Ralph Asheton,
William Fishbourn,
Samuel Hazle. Esq'rs.
Thomas Laurence,
A Bill sent up from the House, Entituled AN ACT for continuing & establishing a Ferry from the Landing place of Joseph Kirkbride, over Delaware River at the Falls, was read & ordered to be returned without any Amendment.
The Bill for Erecting the upper parts of the Province into a County being again sent up, it appeared the House had added a Clause to the same Effect with that proposed by this Board, 'Tis ordered there- fore, that the Bill be sent down & engrossed.
At a Council held at Philadelphia, May 10th, 1729.'
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governr.
Richard Hill,
Thomas Laurence,
William Fishbourn,
Ralph Asheton,
Clement Plumsted, Samuel Hazle. 3 Esq'rs.
Two Bills sent up from the House, vizt : AN ACT for laying a Duty on Negroes imported into this Province : &
AN ACT laying a Duty on Forreigners & Irish Servants, &c. im- ported into this Province, were read ; the first was agreed to without Amendment & ordered to be returned : But to the other some few were proposed, & being drawn up were ordered to be carried in with the Bill.
And the Clerk of the Council reported to the Board that the House had agreed to the said Amendments.
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EODEM DIE, P. M.
The House of Representatives waited on the Governour, & the Speaker presented the following Bills to be passed into Laws, which were accordingly by the Governour passed into Laws of this Province, & Warrants were issued for affixing the Great Seal thereto, vizt :
AN ACT for Erecting of Pounds in each Township of this Pro- vince.
AN ACT for laying a Duty on Negroes, imported into this Pro- vince.
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