USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 40
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"We hope there could be no unkind Intention in taking those Words in a literal Construction which were intended in a metaphor- ical Sense, or in the application of a Text to a purpose it was not adduced, and then drawing Inferences from it; but these are too minute to give the Governor any trouble about, and therefore, to conclude, we beseech the Governor would judge favourably of our Words and actions, and believe that whatever can be reasonably expected from loyal and faithful Subjects to the Crown, Lovers of their Liberties, their Families, and their Country, as far as is agree- able with our religious Persuasions, he may expect from us ; but if anything inconsistent with these be required of us, We hold it our Duty to obey God rather than Man.
" Signed by order of the House.
" JOHN KINSEY, Speaker. . "11th Mon., 19, 1739."
A Bill entitled An Act for the better raising of Money on the Inhabitants of the City of Philadelphia for publick Uses, and for repealing a former Act made to like purposes, was read, and ordered a second reading at the next meeting of Council.
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At a Council held at Philada., January 23d, 1739.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Clement Plumsted, Samuel Hasell, Thomas Laurence, Thomas Griffitts, Esqrs. 2
Ralph Assheton,
The Minutes of the 21st instant were read and approved of.
A Petition from the Mayor and Commonalty of the City of Phila- delphia to the Governor, to be heard against the Bill for raising Money on the Inhabitants of the said City, was read, and is as follows, Viz“:
" To the Honourable George Thomas, Esqr., Lieutenant Governor of the Province of Pennsylvania, Counties of Newcastle, Kent, and Sussex upon Delaware, in Council.
"The Petition of the Mayor & Commonalty of the City of Philadelphia,
" Humbly Sheweth :
" That the Honourable William Penn, Esqr., late absolute Pro- prietor & Governor-in-Chief of this Province, by his Charter under his Great Seal dated the twenty-fifth day of October, Anno Domini, 1701, did Erect the Town of Philadelphia into a City, and for the good Government of the same and the better regulation of Trade therein, did grant that the Mayor, Recorder, Alderman, and Common Council in the said Charter nominated, and they which should be afterwards be Mayor, Recorder, Alderman, & Common Council Men within the said City, should be one Body Corporate & Politick in Deed, by the Name of the Mayor & Commonalty of Philadelphia, in the Province of Pensilvania, &c., And by the same Name to have perpetual Succession ; and by the said Charter did likewise Grant that the Streets of the said City as then regulated & laid out should be and continue free for the use of the said city & the Inhabitants thereof, who may improve the same for the best Advantage of the said City, & Build Wharfs so far into the River there as the Mayor, Recorder, & Common Council for the time being should see meet, And did also appoint Fairs & Markets to be held within the said City, with full Power to the Mayor of the said City for the time being to appoint a Clerk of the Market, who should have Assize of Bread, Wine, Beer, Wood, & other things ; And by the said Charter did appoint the Mayor, Recorder, & Al- derman in the said Charter named to be Justices of the Peace & Oyer & Terminer within the said City, And also, that all others who should be Mayor, Recorder, & Alderman for the said city for the time being, should without any further or other Commission be Justices of the Peace, Oyer & Terminer, within the said City
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forever, with full power to the said Justices to hold Courts, bind to the Peace, & upon their own View, or after a legal proceedure in some of the Courts to be holden within the said City, to cause all Nusances and Incroachments in the Streets to be removed, and to punish the Parties offending, with many other Priviledges, Rights, & Franchises granted to the said City by the Charter aforesaid ; In the peaceable Enjoyment of which Offices, Rights, Priviledges, & Franchises, the said Mayor and Commonalty, so far as they have thought fitt to carry the same into Execution, remained undisturbed. But for rendering the Annual Assessments to be made from time to time for the Use and Service of the said city more agreeable to all the Inhabitants, A Law was made in the Tenth year of the reign of the late Queen Anne, for raising Money on the Inhabitants of the City of Philadelphia for the publick Use & Benefit thereof, by which the Inhabitants of the said City are Impowered to Elect six Assessors, who are to Join with the City Majistrates to calcu- late the publick Debts of the said City, & what Sum or Sums of Money may be needfull to be raised upon Persons & Estates within the said City for building, repairing, regulating, or amending any Bridges, Houses, Wharfs, Water-courses, or other Uses for the Pub- lick Service. & Benefit of the said City, & to agree what Sum or Sums of Money or other Effects shall be apply'd to the Service of any particular Matter or Thing, &c. ; And by the same Act power is given to the said Assessors, when so chosen & Qualified as the said Act directs, and within six Weeks after such Calculation, to lay a rate, &c., for the Uses in the said Act Contained, as in the said Act is mentioned, And to appoint Collectors to demand & receive the said Tax, & also a Treasurer to whom the said Collec- tors are required to pay the same, for which the said Assessors & Collectors are to receive the Sums allowed them by the said Law, and the Treasurer to be allowed as much for his Trouble as the Ma- gistrates & Assessors shall think fit.
" And the Mayor & Commonalty further shew, That tho' the Power of the Magistrates was by the said Act very much limited, Yet the Desire they have always had to preserve Peace and Quiet in the said City, has induced them to remain easie under the Direction of the said Law, in the Execution of which the Magistrates have not only most carefully avoided to Claim or Exercise any undue Power, but have patiently bore the Neglect of the Assessors & their Treasurers for a long time. But to our great Surprize, a Complaint was set on foot by some of the last years & present Assessors of the said City, and upon their Representation, a Petition was presented to the House of Assembly, Setting forth that it was difficult to get the Magistrates together to Act in Conjunction with the Assessors so frequently as is necessary, & had occasioned not only Delay of the Petitioners affairs but Loss of their Money, by not having their accounts timely adjusted, & their Taxes duly Collected, some of which have been several years Collecting & not yet Completed, &
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some Ballances have been Long due, whilst many Persons refuse to pay, & yet are out of the reach of the Law, for the Reasons above mentioned ; And therefore the Petitioners have humbly pray'd The House of Representatives to grant them the Priviledge of choosing Commissioners to Act with their Assessors, as in the County, with such Power & under such Limitations & Regulations as to the said Assembly in their Wisdom shou'd seem Meet.
" Whereupon the Mayor & Commonalty apply'd to the House of Assembly & desired the Magistrates might have an Opportunity of Acquainting themselves of the Charge exhibited against them, and the Mayor and Commonalty be heard in defence of their just Rights; and the House was pleased to appoint a Time accordingly, when all Parties were heard, as well as the assessors who appeared to Support the Allegations of the Petition, as the Magistrates for themselves and the Corporation in Defence of their Rights.
" And your Petitioners had just grounds to believe that it was most manifest upon the Hearing that no Tax remained uncollected, or any of the Publick Money was lost by their Default. But if any such Loss had happened to the Publick, it was either evidently the Fault or Neglect of the Assessors, their Collectors or Treasurer. At which hearing your Petitioners then insisted, That if the House shou'd Apprehend that any Neglect or Misbehaviour had appeared in the Magistrates, The Corporation ought not for that Reason to be stripped of their Rights & Priviledges, granted them by their Charter, without a Tryal at Law, which is the Birth-right of every Englishman, secured to them by the most Ancient & great Law of Magna Charta. But far contrary to our Expectations, We find that the House of Assembly, in their great Wisdom, have thought fit, by the Bill before your Honour, to Determine to whole, as far as in them lies, without our being legally Convicted of any Offence or Misbehaviour, in Prejudice of the Rights & Priviledges of your Petitioners as a Body Corporate & Politick in many Instances, some of which We humbly beg Leave to Lay before your Honour.
"For that the said Bill takes away the Right of regulating the Streets, Wharfs, Bridges, Docks, Landings, Houses, &c., Granted to them by the Charter by which Philadelphia was erected into a City.
" For that all the Power of raising or being concern'd in the rais- ing of Money for the Benefit & Service of the said City for any Service or upon any Emergency whatsoever, is taken away from the said Corporation & vested in Others.
" For that the whole Right of regulating the Streets, Houses, Wharfs, Docks, Bridges, Landings, &c., is vested in Persons who are no part of the Corporation, and who may, & we have too great rea- son to Fear from the Spirit that seems at present to prevail among the Assessors who have been chosen of late, may Alter & Change the Regulations already made in pursuance of sundry Good and
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wholesome Ordinances made by the Mayor & Commonalty of the said City.
" For that the very Persons to whom the Power of the aforesaid Regulation is given by the present Bill, have no Right to Oblige the carrying on the Pavements, &c., by the Persons who by the Ordi- nances are Enjoined to do the same; nor have they any Power to punish the Persons neglecting or refusing to Obey the said Ordi- nances.
"For that the Bill now before your Honour, shou'd the same be past into a Law, will in our humble Opinion not only create great Disquiet & Confusion in carrying on the Regulations of the said City, both in its Buildings, Streets, Wharfs, Landings, & Docks, but may in its Consequences affect the whole Powers of the Corporation, & totally Defeat the good Ends & Purposes for which the said Char- ter was Granted.
"Your Petitioners, therefore, humbly pray your Honour to take the premisses into your tender Consideration; and if it shall ap- pear that the Bill now before you is in violation of, or affects the Rights & Priviledges of the Mayor & Commonalty, that the same may not be passed into a Law; And that your Petitioners may be heard to the allegations against the Magistrates, upon which it is said the said Bill is founded; And likewise what they have to offer against such parts of the said Bill as Affects the Rights of the Cor- poration of Philadelphia in such Manner as your Honour shall think fitt.
"And your Petitioners shall ever Pray, &c.
" Sign'd in Council.
EDWARD ROBERTS, Mayor. " Philadelphia, Jan". 22d, 1739-40."
"Let the Mayor and Commonalty and the Assessors of the City of Philadelphia, or some of these who appeared before the House of Representatives to support the Petition against the Magis- trates of Philadelphia, have Notice to attend to-Morrow at ten of the Clock before Noon at the Council Chamber, to be heard upon the Subject Matter of the Petition of the Mayor and Commonalty of Philadelphia presented to me this Day; and let the said Asses- sors, or some of them, have a Copy of the said Petition if they de- sire it.
"GEO. THOMAS."
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EODEM DIE, P. M.
PRESENT :
The Honourable GEORGE THOMAS, Esq., Lieutenant Go- vernor.
Thomas Laurence,
Samuel Hassell,
Thomas Griffitts, S Esqrs.
The Governor laid before the Board a Message he had prepared to be sent to the Assembly, which being read was approved of and sent down by the Secretary, Vizt:
" His Honour the Governor to the Gentlemen of the Assembly. " Gentlemen-
" As I find myself disappointed by your Message of the 19th In- stant in my Hopes of engaging you to put the Province into such a posture of Defence as may be for His Majesty's Honour & your own Security, I could at this time willingly decline giving you or myself any further Trouble on that Head; but as that Message discovers an Acrimony which I little expected from Men of your Principles, and which should be carefully avoided in all publick Debates, and as I am resolved never to fail in the Regard due to the Represen- tative Body of the People, I think myself obliged, as far as I am capable of understands the Reasons urged in it, to enter into the Consideration of them; tho' otherwise I might safely leave what has passed between us to the Judgment of every judicious and im- partial Person, but more particularly to that of His Majesty and His Ministers, before whom it is not improbable it must shortly be laid.
" As there are different Degrees of Understanding in Men, and from thence it is no uncommon thing for Men to see the same Thing in different Lights, I flatter myself it will be as well understood by others as myself, That altho' a Country be populous and capable of defending itself, the Principles of a Part of the Legislature against bearing Arms may as well Subject that Country to become the Prey of an Invader, by the Legislature's refusing to oblige the Inhabi- tants to exert their natural Faculties and to provide themselves with the necessary Means of Defence, as if those inhabitants were under an absolute Restraint.
"I am obliged to you for the particular Description you have favoured me with of the Situation of this Province ; but had you look'd into a Map of it you would have seen That the French have a very considerable Tract of Country adjoining to it, and that they have an easy Conveyance from their principle Settlements to their ffort at Niagara, which is built either within the Bounds of this Province or upon the Borders of it; and if our Information be true, as there is not any Reason to doubt it, a considerable Body of them,
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in Conjunction with a Body of Indians, made a longer March a few Months ago to attack some Nations of Indians to the Southward than will be necessary to bring them even to this City. I agree with you that there is not any Reason to apprehend that they will attack us by Landing on the other side of the Jersey's. But you seem to have forgot that tho' the Lower Counties are between you and the Sea, they are in as defenceless a Condition as yourselves ; and that you may be attacked that Way unless you are assured that they likeways will be so civil as to be at the Expence of Arming them- selves for your Defence. The Navigation of your River has been reckoned difficult; but it is now so well known that near Three Hundred Vessels come up from the Sea every Year and return to it again in Safety. I observe the Muster you have made of the Forces of the neighboring Governments, and the Hopes you entertain that they will defeat the Designs of an Enemy for you without putting yourselves to any Expense; and could I be assured that all the In- habitants, principally for bearing arms, have passed in Review before you, and that from thence you know they are well armed, and have good Reason to suppose that a considerable Number of them have been well disciplined and understood the art of War, and that you are likewise certain that they will punctually perform their Duty without any obligation from Law, I should agree with you that any attempt that shall be made upon us will prove dangerous to our Enemy. But without these, any Man of the least knowledge in affairs of this kind, must apprehend That our Numbers will serve only to increase our Confusion. It is true that we have not yet any account that War is declared between France and Great Britain, and were there any reasonable Foundation for it, I could hope with you that it never may ; But other Provinces have, notwithstanding, thought it proper to prepare against such an Event ; and had you read the publick Accounts of the Transactions of the Assemblies of Boston, New York, and other Colonies in America, you would have known that their Governors have not met with the same Opposition -that their Assemblies have provided for the Defence of those Governments, and that you alone oppose all Preperations as unne- cessary.
" I agree with you that good Men may hope for the Protection of the Supreme Being, but History, both sacred and prophane, shews us that Goodness has not generally served to protect them from the Rage of Enemies, and the Christian Religion teaches us that much greater Rewards are reserved for the Righteous in the next World than any temporal Blessings in this.
" If a Burglar acts contrary to the Laws of Christianity and of the land in breaking open your Houses, and by those Laws you are justified in putting him to Death ; and if a soldier acts contrary to the Laws of Christianity (as he does according to your own prin- ciples) and the Laws of Nations, in plundering your Houses and
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murdering your Families, it will be difficult to shew why you may not as justly put the latter to Death as the former. The Will of the Prince, or the mistake of the Soldier, can have nothing to do in determining the moral Good or Evil of the Action.
"The Number and Worth of such as have already petitioned for putting the Country into a Posture of Defence, is well known; but as the Number of such as have not petitioned, and you say are of the same Sentiments with a Majority of your House, are not known, at least to me, I can make no certain Judgment of this Matter; but as the People generally form a true Judgment of their own Interests when they are unbiassed and left to themselves, I think it more reasonable to conclude that the Majority are of the same Opinion with the Petitioners; Many, however, may be terri- fied if artfully applied to, with the Expence of a Fort and Militia. Whenever Defence in general shall be agreed to, the former, if thought necessary (tho' positively pronounced by you to be of no use), must be attended with Expence ; but your Public Funds will be sufficient to supply that without raising One Shilling upon the People ; and the latter will not be attended with any at all to the publick, and but little to each private Man, and much less if they are already Provided with Arms; but if a well-regulated Militia can be proved, any other Way than by your own Assertion, to be of as little use as that which depends upon the Caprice of every Man in it, I shall be against the former, and own that I have, with all others in the World besides yourselves, lived to this time in an error.
"As I am not so well acquainted as you seem to be with what passes in the Neighbouring Colonies, you will excuse my not joining with you in the handsome Compliment you are pleased to pay them and their Governors; and as you have given me reason to hope that they will beat our Enemies for us in case we should be so un- fortunate as to be attacked, it would not be consistent with common Policy. The Corruption of the best Things is the worst. Religion itself has been made a Pretence for the most unworthy Actions; and tho' a Militia be absolutely necessary for the Defence of a Country, bad Governors may have abused their Power; but I hope when One shall be thought necessary to be established here, your Foresight of these Inconveniences will guard you against giving any such Powers as may be made an ill use of.
. "You seem to expect I should be satisfied with your bare Asser- . tion, That the Payment of Taxes by your Friends in England for carrying on a war is not parallel to the Case under Consideration, but as you have not been pleased to shew the Difference, I must still conclude that there is not any. My Information relating to the Affair of Canada is from the Minutes of Council, where I find That Mr. Gookin, then Lieutenant Governor, After having laid the Queen's Manifest before the Assembly, declaring her Designs against
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Canada, says in his Speech to them, 'That he hopes they will not think themselves unconcerned, but chearfully enable him to raise and support the Quota of Men assigned for this Province, or else that they would make an Equivalent.' The Assembly accordingly prepared in a few days a Bill which was passed into An Act for raising Two Thousand Pounds for the Queen's use, by a tax of five pence half-penny per Pound and Twenty shillings per Head. Was not this by way of Equivalent? And was not it for carrying on the Queen's Designs against Canada ? And did not all the Inhabi- tants without Distinction pay that Tax? But you say This was Tribute, and to shew your Duty, Loyalty, and faithful Obedience to Her Majesty; and that as a succeeding Governor misapplied it, future Assemblies will have no great Encouragement to follow the Example. But I hope that future Assemblies will so litle Regard your Sentiments as to take all proper Occasion to shew their Duty, Loyalty, and faithful Obedience to His Majesty and His Illustrious House. If you design'd this as a Reflection upon Governors in general, and, me in particular, as you must have done (otherwise there was no Occasion to have mentioned Governors at all), as my Conduct and the Justice of my Administration defies all Attacks upon my Character, The Insinuations will have no weight with the thinking part of Mankind.
"As Actions are the best Evidences of a Man's Thoughts, your first Proprietor's acceptance of a Military Charge, his devolving it upon his Lieutenants, and his Commission to a Person to command a Fort at Newcastle, which I have under his own Hand writing, are sufficient Proofs to me of his Opinion; and tho' I have a very high Regard for that Gentleman's Character, render it altogether un- necessary to examine his Writings, if he has wrote on that Subject.
"It may not be decent in me to enter into a Dispute about the Power of the Crown ; but tho' the Crown may have a Right to Services particularly reserved in the Grants of Lands in England, as no such services are reserved in Grants here, the People seem not to be under the same Obligations.
" Because no more than two or three Hundred Men appeared under Arms in the time of a former Governor, and because even that Number may not be persuaded to do it now, as they see no Probability of being serviceable to their Country for want of being put under proper Regulations by Law, does it amount to a Proof that there is not more than two or three Hundred in the Country for putting it into a proper Posture of Defence ? If you think it does, I believe you alone are so clear-sighted as to see it in that Light.
" The Demeanor of the People called Quakers may have merited the Protection of the Crown and the esteem of Mankind; and as I believe this is the first Instance of a Number of them having made use of Liberty of Conscience for tying up the Hands of His Ma-
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jesty's Subjects from defending a valuable Part of His Dominions, situate almost in the Center of those in North America, I heartily wish that it may not be attended with any ill Effects, either on the Minds of our Fellow-Subjects or on the Fortunes of the People of this Province.
" Had I stated the Argument in your next Paragraph, as you have done, I should not indeed have thought the Conclusion very forcible ; but as it was stated by me, any thing you have said will not be understood to destroy the Force of it: For I believe it will be still thought as little consistent with Reason to expect we shall be protected from an Enemy without preparing the necessary Means for Defence, as it would be to expect Grain without Sowing, or Fruit without Planting, and so in other Instances. But I am hin- dered from entering into a more particular Disquisition of this Paragraph, as I have been from inserting many other observations on your last Extraordinary Message, by the Attention I am obliged to give to a very long Bill sent up by your House, which I perceive has raised a considerable Ferment in the Minds of the Inhabitants of this City ; yet if I find it necessary, or that it is expected from me, I shall be very willing to devote a much greater Share of my Time to what is so apparently for the Security of the People under my Government.
" GEORGE THOMAS.
" Philad., Jan. 23, 1739. " By His Honour's Command. " Thomas Lawrie, Secry.".
At a Council held at Philad., January 24th, 1739. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor. Clement Plumsted Samuel Hasell,
Ralph Assheton, Thomas Griffitts, S Esqrs.
The Minutes of the 23d instant were read and approved of.
The Bill entitled An Act for the better raising of Money on the Inhabitants of the City of Philadelphia, for public uses, and for repealing a former Act made to like purposes, was ordered to be read a second time ; but as the Gentlemen of the Council present, are all Members of the Corporation of the City of Philadelphia, and as the bill is thought to affect the Rights of that Corporation, they chuse rather to refer it to the Governor's own Consideration.
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