USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 35
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2. They have large Tracts of Land as yet undisposed of; want of Money must needs obstruct the sale of great part of them, and what is sold must be at a cheaper Rate, since it is probable there will be but few Buyers.
3. It will greatly injure the People, as it may reduce the price of Land and the Produce of it, and will render it Difficult for them for want of Money to carry on their Commerce and discharge their Debts. All which we submitted to the Governour's Consideration.
To which the Governour answered :
As the Assembly seems to have considered but one side of the Question, I must recommend it to them as Christians and as honest Men to try the Matter in Dispute by that Golden Rule of doing as they would be done by; and to ask their own Hearts whether they would be willing to take sixteen-pence in Paper Money for an Eng- lish shilling due to them ; and whether any one of them would not insist, in case of being under a necessity of Exchanging such a shilling, upon the current value of it. For such an Examination, I can be confident, will soon reconcile every honest Man to the Amendments proposed.
I am not ignorant that his Majestie's Duties are so secured by Acts of Parliament that no Laws passed here can affect them ; but I think your inserting the Amendments relating to them would shew such a Regard to his Majesty as becomes dutiful Subjects.
The Practice of your Courts and Juries in respect to Debts con- tracted with merchants in England is an evident Contradiction to that Clause in the Bill which makes your Currency equal to Proclama- tion-Money; and why such a Practice should not be as injurious to the Credit of your money as the Amendments proposed I cannot conceive. That Amendment would certainly have these good Ef- fects : It would prevent Merchants and Others who had sterling Debts due to them there from making any Opposition to the Bill in England, and take off the Objection made by the Lords of Trade in Regard to Merchants trading hither. Gold and Silver Coins in England have a real Value, and the course of Exchange betwixt that and other Countries in Europe is according to the Fineness of the Coins current in them, with a reasonable allowance to the Mer- chant for the Trouble of Negotiating. Wars and other Accidents sometimes make Exceptions to this Rule, but these are but Tem- porary. That Guineas fell in their Value was because they had been set too high in proportion to Silver, from whence the Silver
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was carried out of the Kingdom. To prevent-which the Royal Authority, I presume, was interposed to Lower the Rate of Guineas. But as your Currency has only a nominal Value, there seems to be a necessity of obliging all Persons to a specifick Payment of Ster- ling Debts or the Value of them in Currency, according to the Course of Exchange, especially as this Bill sets the Currency at a higher Value than it is known to pass for in every Circumstance of Trade.
All that has been objected to the Amendment in Regard to the Proprietary Quitrents is founded on a supposition that it will destroy the Credit'of your Paper Currency; and the Exceptions in the Maryland Law are mentioned as a proof of it.
As Maryland had a good Medium in Trade, Ninty Thousand pounds was abundantly more than was necessary; and to that Excess the Discredit their Currency lies under must be imputed. The rise of Exchange in all the Colonies after every Emission of Paper Money is a proof of this; and tho' it is not so high here as in some of them, it has risen even here from 35 to 70 # Cent. This being truly the Case, all your fears concerning the Credit of your Money, and the Dammages that will attend Widows, Orphans, &c., will vanish; but if Widows and Orphans have Proclamation- Money due to them and you oblige them to take Currency for Pro- clamation, the Injury is evident.
The Proprietors are engaged in Interest, as they have great sums due for Lands sold, to keep up the Credit of your Money, and would indeed be the greatest. Sufferers should the proposed Amendment have an ill Effect on it; but they have no such apprehensions, nor will have any such, so long as you keep your Currency within due Bounds. This Amendment requires no more than a plain matter of Justice in regard to their Quitrents which were agreed to be paid in English Money or the Value in Coin Current. It can admit of no Dispute in a Court of Judicature ; your Courts and Jurys having, by your own Confession, constantly adjudged Sterling Debts pay- able according to the Course of Exchange.
The Declaration of the Assembly in 1729 must be allowed by this and all succeeding Assemblies to be just, and as such it must have its weight with all. The little Effect that Declaration had, and the unwillingness that Assembly shewed to agree to the Excep- tion then proposed, should induce the Present to come into it; for it is one and the chief end of Assemblies to make Laws for the due and impartial Administration of Justice ; and where can the Pro- prietors so reasonably seek for a Remedy as in a Paper-Money Bill, since Paper-Money Bills first gave rise to the evil ? Had all Men been honest the Quitrents had been paid to the satisfaction of the Pro- prietors. Many have paid them ; and it surprises me, considering what the Family has merited from this Country, that so much diffi- culty should be made to compel such as have not to do a common piece of Justice.
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If the Rise and Fall of Exchange be a good Argument against the Amendment, the Judgment of your Courts and Juries must be otherways directed for the future; but such a Direction I am con- fident no Assembly that has the least regard for the Reputation of the Province will think of.
As Paper-Money has been introduced, the suppression of it must, as you observe, prove very injurious to the Province ; but your Pro- prietors have no such Intention. It will be your own Faults if this Bill be not passed. I am willing to pass it so soon as it can be done consistent with their Instruction to me. My hands are tied up by that Instruction, and no Consideration in Life shall induce me to break it.
To which the Speaker of the Assembly replied in substance as follows :
That as the Governour had declared himself determined to insist upon his Amendment to the Bill, in pursuance of his Instruction, it might, therefore, not be thought decent to offer anything further with a view that he should at this time recede from the Declaration he had made; yet it was hoped it might not be judged improper to shew that the Instruction could not in Justice be supported. And that since it had been observed, nothing in particular was said to the Address of the Assembly to our Proprietors in 1729 (which seemed to be much relied on by the Governour), in Justice to that House of Representatives the occasion of that Address, and their true Intent in the making of it ought to be known ; and further to shew that if it had not the Effects intended by the Assembly, and which were desired by the then Governour in favour of the Pro- prietors, it was not the People's fault.
In the year 1729 a Bill was offered to the then Governour for emitting a large sum of Paper-Money, which at last was reduced to £30,000. An Amendment or Exception, much the same with the Amendment now proposed, was then insisted upon to that Bill. The Exchange at that time between our Paper-Money and Sterling did not exceed Fifty + Cent., and such as paid off, Quitrents at all generally paid Eighteen pence for one Shilling Sterling. This Exchange the Assembly thought was as high as it ever would arise, and by them deem'd the real Value, and was as much as they ap- prehended would ever be demanded of them in discharge of their Quitrents. This appears by the Votes of the House and Address aforesaid, and was unanimously agreed ought to be paid to the Proprietors, even without one dissenting Voice.
This Address was sent to Britain to our Proprietors, but as it was not thought proper to publish it before it was presented, and as the Proprietors or those in the Administration never thought fit to claim the Benefit of that Address, it never before this time having been made known to the People, it is hoped they cannot in Justice
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be charged with want of regard to the Sentiments of their Repre- sentatives ; And it is not without Reason that the present House of Representatives do not apprehend themselves bound by the Ad- dress of 1729, in the sense in which it seems now to be understood, because the sum now demanded for Quitrents is much greater than the Exchange was then, or was expected to be; and we have just Reason to fear, should the Amendment proposed by the Governour in pursuance of his Instruction be agreed to by the House, the Exchange would still be increasing, and therefore ought to be guarded against.
It often happens that Instructions to Governours are framed by persons in England very much unacquainted with the Circum- stances of the Plantations; and therefore, it is no strange thing to find those Instructions not always justly adapted to the purposes for which they are intended. And this 'tis presumed will appear to be the Case at present ; for the Quitrents formerly reserved in the Proprietor's Grants being one English Silver Shilling, or the Value thereof in current Coin, &c., for each Hundred Acres of Land, and the Rent proposed to be paid by the Instruction and Amendment being one Shilling, according to the true and real Ex- change between the Citys of Philadelphia and London, and the Exchange being at present £170 in our Bills of Credit for £100 Sterling. This, it is well known, is more in proportion than the Value of an English shilling in Gold or Silver, at the Rates estab. lished here, and more in proportion than will at present purchase such a Shilling with our Bills of Credit, and, consequently, more than the Proprietors have a right to receive ; And therefore we cannot doubt but the Governour will recede from that part of his Instruction. And if for this Reason it shall not be thought just to insist upon the Instruction in this particular Instance, we hope the Governour may for other good Reasons believe himself at Liberty to recede from the whole.
And it is further to be observed, that the Provision made by the Governour's Amendment for Payment of all Debts, Rents, and Quit- rents already agreed to be paid, or that shall hereafter be agreed to be paid in Sterling-Money, &c., to the Proprietors, is carried even beyond the Proprietor's Instructions, which extends to Rents and Quitrents only and not to Debts due or to become due to our Pro- prietors (which are agreed to be very great, and will still be in- creasing and easily be reduced to Sterling Debts); Therefore, as this part of the Amendment is not warranted by the Instruction, and would, if admitted, in our Opinion, be fatal to the Credit of our Money, and put it in the Power of the Proprietors to raise the Ex- change at their pleasure, We hope that our Proprietors, upon a favourable Representation of our Case by the Governour, will be pleased to allow him to dispence with the whole Instruction, and agree to the Bill without the Amendment proposed.
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At a Council held at Philadelphia, May 8th, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour. Samuel Preston,
Clement Plumsted,
Thomas Griffitts,
Ralph Assheton,
Samuel Hasell, ) ¿ Esqrs.
The Minutes of the Five preceeding Meetings being read, were approved of.
The Governour laid before the Board two Verbal Messages he had received from the Assembly, with his verbal Answers to them, Viz :
The 1st instant, The Assembly by two of their Members ac- quainted the Governour that they were met according to Adjourn- ment, and were ready to receive any thing his Honour might have to lay before them.
To which the Governour reply'd, That as much had been said at the last Meeting of the Assembly and nothing done, he thought it not necessary to recommend any thing further to them now; but should any thing occur during the time of their sitting, he would acquaint the House of it by a Message.
The 4th instant, The Assembly by six of their Members returned the Paper-Money Bill to the Governour without agreeing to the Amendment sent down to it at the last meeting, and said that they hoped the Governour had laid their Reasons against the Amendment relating to the Quitrents before the Proprietors, and that he would now pass the Bill without that Amendment.
To which the Governour sent the following verbal Message by his Secretary, Vizt .:
I am commanded by his Honour the Governour to tell the House That he has no no power from the Proprietors to recede from the In- struction relating to Paper-Money Bills, nor is his own Judgment altered by any Reasons given by your House against the Amend- ments sent to the Bill at your last Meeting, and that he thinks it lay upon the House, if you would not agree to those Amendments as they were drawn, to offer such expedients at least as may give the Proprietors just and ample Satisfaction in the matter of their Quitrents ; And that he has therefore returned the Bill.
Then the Governour laid before the Board his Correspondence with the Commissioners appointed to join those of Maryland to run the Line between the two Provinces, pursuant to his Majesties Order in Council of the 25th of May, 1738. As also the Petitions of two Criminals, Viz: Margaret Ingram and Martha Cash, con- demned at the last Court of Oyer and Terminer held in this City, for Burglary, and expressed his Inclination, as one of them pleaded
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guilty and appeared very penitent, and the other is very aged, to reprieve them upon Condition that they would transport them- selves out of the Province and not return to it again ; which was approved of.
At a Council held at Philadelphia, May 12th, 1739.
PRESENT :
The Honourable GEORGE THOMAS Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Samuel Hasell,
Clement Plumsted, Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minute of May the 8th was read and approved.
The Message from the Assembly of the 10th instant was read, and is as follows, Viz *:
" A Message from the House of Representatives to the Governour. " May it Please the Governour ;
"The House having taken into Consideration the Governour's Message of the 5th instant, find themselves under a very great Difficulty by the Governour's Demand in favour of our Proprietor's, and at the same time to preserve the Credit of our Paper-Money, upon which the Prosperity of the Province so much depends.
" But as we have the peace and Happiness of the People whom we represent very much at Heart, and in Consideration that Silver Coin, the Specie in which our Quitrents are agreed to be paid, is scarce to be had, and the Bill for re-emitting our Paper-Money, &c., now again returned to us by the Governour, being a Bill of great Consequence, as well for the Support of the Government as the Trade of the Province, and will conduce very much to the Relief of the Inhabitants and preserving Peace among us, if the said Bill may be passed into a Law without the Amendment proposed by the Governour, the only Mean to preserve the Credit of Our Paper- Money, We have agreed to pay to our Proprietors the Sum of Twelve Hundred Pounds as a Compensation for the Loss they have sustained by being kept out of that part of the old Quitrents of One Shilling Sterling # Hundred Acres yet remaining unpaid, they receiving the same in our Bills of Credit, as made current by the Laws of this Province, instead of Silver. And likewise, in Consider- ation that our Proprietors will receive the said Bills of Credit as current in Payment for the Quitrents contracted for before the Year 1732, during the time limited in the Bill now before the House for Re-emitting the Bills of Credit therein mentioned, we agree to pay to them the Sum of one Hundred and Thirty pounds Annually
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during that time ; Which said several sums the House do humbly hope will be accepted of as ample Satisfaction to our Proprietors for any Disappointment they may apprehend they have received, or may receive, in not having the said Quitrents paid in Silver money, as reserved in their Grants to the People.
" Signed by Order of the House, "ANDREW HAMILTON, Speaker. "3 Mon. 10th, 1739."
A Bill sent up from the Assembly, Entitled an Act for the more easy and speedy Recovery of small Debts, was read, and ordered to be read at the next meeting, Paragraph by Paragraph.
A Petition of sundry Germans and other Foreigners (now inhab. itants of this Province) praying that they may be granted the Benefit of Natural born Subjects of Great Britain by an Act of Naturalization, was read.
At a Council held at Philadelphia, May 14th, 1739.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esqrs.
Thomas Laurence, Thomas Griffitts,
The Governour communicated his Answer to the Assembly's Message relating to the Proprietary Quitrents, which was read as follows, Vizt. :
"His Honour the Governour to the Gentlemen of the Assembly. "Gentlemen :
" The Bill for re-emitting your Paper-Money, returned to you a few Days ago, is indeed a Bill of great Consequence to the Prov- ince, and had there been a Provision made in it for such as have and may suffer by it, my sincere Regard for your Welfare would not have allowed me to have so long deni'd my Assent to it; but as Justice ought to be the Foundation of all Laws, and no Country can prosper without a strict Regard to it, I am perswaded that you will hold me excused for thinking my self obliged to contend for it. I shall upon all Occasions join with you in the properest Measures for preserving the Peace of the Province, and shall chearfully undertake whatever I think may be instrumental towards adjusting the present Dispute. I am glad to find in your last Message the same Disposition, and can not doubt, had you known the true State of the Proprietor's Quitrents, but the Compensation offer'd would have been as ample as it was well intended; but as it falls very
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short of what is already due, and will become due in the Term limited, I can not promise myself that they will accept of it. I therefore earnestly recommend it to you to reconsider this Matter, and bring the work you have already begun to an equitable and happy Conclusion.
"GEORGE THOMAS."
The Bill Intitled An Act for the more easy and speedy Recovery of small Debts, was read a second time, Paragraph by Paragraph, & agreed to, with a small Amendment.
The Petition of the Germans was considered, and the following Message sent to the Assembly :
"His Honour the Governour in Council to the Gentlemen of the Assembly.
"Gentlemen :
"Upon Application made to me on behalf of several Germans, In- habitants of this Province, that they may enjoy the Rights and Privileges of English Subjects, and for that end praying to be naturalized, I have made enquiry, and find that those whose Names are mentioned in a Petition now laid before your House, have regu- larly taken up Lands from the Proprietors ; that they have taken the Oaths or Affirmations enjoyned by Law, and have peaceably de- meaned themselves since their coming into this Government. From these Considerations, I am willing to join with your House in pass- ing a Bill for their Naturalization.
" GEORGE THOMAS."
At a Council held at Philadelphia, May 18th, 1839.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gor- ernour.
Samuel Preston, Samuel Hasell, - Esqrs.
Clement Plumsted
Thomas Griffitts, S
The Assembly having returned the Paper Money Bill, and in- serted several of the Amendments proposed by this Board, it was agreed to be passed.
The Message of the Assembly of the 15th instant, with the Gov- ernour's Answer thereto were read, and ordered to be entered as follows, Viz“ :
" Message to the Governor from the House of Representatives.
" May it please the Governour:
"The Sense the Governour is pleased to express of the great
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Consequence of the Bill now before the House, and of his sincere Regard for the Peace and Welfare of the Province, is very agreea- ble to us; and as this Bill is, in our Understanding, calculated to do equal Justice to all who shall be obliged to receive the Bills of Credit thereby to be emitted, we hope the Governour will believe that we entertain the same Sentiments of Justice with himself, and that we think it to be the best support of all Government.
"It is now, as it always has been, the Intent of the Ligislature, since Bills of Credit were first emitted in this Province, to keep them up as near as possible to the Value for which they were struck ; and if at any time they have fallen below that, we presume it did not proceed from any Want of sufficiency in the Security upon which they were emitted, but rather from the great Importation of british Manufactures, which called for more Remittances than could readily be made to pay for them, which in our Opinion could have an Effect even upon Gold and Silver, tho' not in the same de- gree.
" We are sensible it may be an Inconvenience to our Proprietors to receive our Bills of Credit instead of Silver, and for that Reason it was we agreed to make them the Amends proposed in our Mess- age to the Governour of the 10th Instant, for any Disappointments they might meet with in the Receipts of their Quitrents. And in this we did not proceed upon the Foot of Calculations, but as a Mark of that Regard and Esteem the People of this Province have al- ways expressed for that Honourable Family, and to make them easie in passing the Bill before the House.
"Upon these Considerations the House have proceeded, from which they find no Reason to recede ; And as we are well assured every thing contributing to the Prosperity and Peace of the Pro- vince will be always acceptable to our Proprietors, We co assure the Governour there is nothing in the Power of the Legislature to do at this time that will more engage the Duty and Affections of the People to the Proprietary Family, nor add to their sense of the Governour's Regard to their Welfare, than his assent to this Bill.
" Signed by Order of the House,
" ANDREW HAMILTON, Sp.aker. "3 Mon., 15, 1739."
" His Honour, the Governour, to the Gentlemen of the Assembly. " Gentlemen :
"It will be needless now to repeat the Arguments which have been made use of by me to induce you to agree to the Amendments relating to the Proprietary Quitrents, since the Gentleman who now resides with you out of a pure Regard to your Happiness, and from
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an Apprehension that the sinking of your Money agreeable to former Acts, without a Power of re-emitting, would be greatly in- jurious to the Trade of the Province, is contented to make a Sacri- fice of the Interests of his Family to the Good of the Publick, by accepting the Sums offer'd in your Message of the Tenth instant; but as you seem not to have enter'd into any Calculation, in Jus- tice to that Gentleman, I must inform you that the Arrearages now due to the Proprietors amount to Eleven Thousand Pounds Sterling, so that to make up the Difference at 50 } Cent. only, there is due to them £1,833 6 8, but at 70 } Cent., (which is the rate of Ex- change beween Philadelphia and London at this time), £4,033 6 8. This is indeed such a Condescension as requires all the Returns of Duty and Affection in your Power to the Proprietary Family, and ought to be remember'd with the utmost Gratitude by the People. Your sense of it, I question not, will engage you to prepare such Bills before you break up, to be passed with the Paper-Money Bill, as will prevent future Contention and secure the Payment of their Quitrents in a Method easie and as little expensive as possible to Them and the People. GEORGE THOMAS."
A Bill for the more effectuall preserving the Credit of our Paper Money, and recovering the Proprietary Quitrents was read.
A Supplement to an Act of Assembly of this Province, Entitled an Act prescribing the Forms of Declarations of Fidelity, Abjura- tion, and Affirmation, instead of the Forms heretofore required in such Cases, was read.
A Bill for the better enabling divers Inhabitants of the Province of Pennsylvania to Trade and hold Lands within the said Province, was read.
At a Council held at Philadelphia, May 19th, 1739.
PRESENT :
The Honourable GEORGE THOMAS Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Ralph Assheton,
The Bill intituled A Supplement to an Act of Assembly of this Province, Intituled an Act prescribing the Forms of Declarations of Fidelity, Abjuration, and Affirmation, instead of the Forms hereto- fore required in such Cases was read, Paragraph by Paragraph, and returned without any Amendments.
The Bill for the more effectual preserving the Credit of our Paper Money and recovering the Proprietory Quitrents, was like- wise read, and the Governour observing that some words in the said
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