USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 42
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
The Governor then laid before the Board a Letter dated the twenty-sixth of January last, which he wrote to Jacob Kollock and Rives Holt, Esqrs., pursuant to An Act of Assembly in the three Lower Counties, to restrain Pilots from going on board Vessells bound up the Bay without Lycense ; which was approved of. But it was desired that the Governor would further order those two Gentlemen to give the several Pilots their turn, that no partiality
395
PROVINCIAL COUNCIL.
might be complained of in regard to their preferring particular Pilots, which the Governor promised to do.
The Governor likewise read a Letter he had received from the Governor of Maryland, complaining that a Warrant signed by some Magistrates in Newcastle County had been executed on a Person's Goods in Cecil County, with his answer thereto.
At a Council held at Philada., April 12th, 1740.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut Governor.
Samuel Preston,
Ralph Assheton,
Anthony Palmer,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
Esqrs.
Thomas Laurence,
The Minutes of the preceeding Day were read and approved.
The Governor laid before the Board a Letter he had received from His Grace the Duke of Newcastle, dated the twenty-ninth of Oc- tober, One thousand seven hundred and thirty-nine, as also one of the fifth of January last, a Letter from Colo Spotswood, of the third of April, Instant, and one from the Clerk of His Majesty's Most Honourable Privy Council, of the twenty-sixth of November, One thousand seven hundred and thirty-nine; all which being read,
It was ordered, That a Proclamation, pursuant to His Grace the Duke of Newcastle's Letter, one of His Majesty's Principal Secre- taries of State, dated the fifth of January last, be prepared for in- viting His Majesty's Subjects in this Government to Inlist in the glorious Expedition now on foot for attacking some of the most considerable Spanish Settlements in the West Indies, and laid be- fore the Board on Monday next, that it may be published immedi- ately after His Majesty's Declaration of War against Spain.
At at Council held at Philada., April 14th, 1740.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor. Samuel Preston,
Ralph Assheton,
Anthony Palmer, Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
Esquires.
Thomas Laurence.
The Proclamation Ordered to be prepared was laid before the Board, read and approved, and ordered to be wrote over fair for the
396
MINUTES OF THE
Governor's Signing, As was a Copy of some Advertisements to be sent into the several parts of the Province.
" By the Honourable George Thomas, Esqr., Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware.
[L. s.] " A PROCLAMATION.
" His Majesty having thought fit to declare War against Spain, and being determined by all possible Means to distress and annoy the Spaniards in the most effectual Manner, and particularly by making an Attempt upon some of their richest Settlements in the West Indies, The King has been pleased for that purpose to order a large Body of Troops, under the Command of my Lord Cathcart, a Major General of His Majesty's Forces, to go from England with a sufficient Convoy of Men-of-War to a proper place in the West Indies, to be appointed for that purpose, there to be joined by the Squadron under the Command of Vice Admiral Vernon, now in the West Indies, and by such a Number of Troops as may be raised in His Majesty's Colonies and Islands in America.
" And as it has been represented to the King that a considerable Number of Men may be easily had; upon proper Encouragement in the British Plantations, and particularly in His Majesty's Colonies on the Continent of America, in Conjunction with the regular Troops to be sent from England, It is His Majesty's Pleasure, signified to me by his Grace the Duke of Newcastle, One of His Majesty's Principal Secretaries of State, That I should forthwith make the proper Dispositions for raising as many Men as I shall be able to procure within my Government; And that his Majesty in- tends the Troops to be raised in North America shall be commanded by Col. Spotswood, a Vigilant & Experienced Officer: the whole, however, to be, after they shall have joyned the regular Troops, under the Command of my Lord Cathcart, General & Commander- in-Chief of all his Majesty's Troops sent to or raised in America.
"It is likewise His Majesty's Intention to give all proper En- couragement to the New Levies, by ordering them to be supplied with Arms and a proper Cloathing, and to be paid by his Majesty, with an Assurance of their coming in for their Share of any Booty that may be taken from the Enemy, and of their being sent back to their respective Habitations when the Service shall be over, unless any of them shall desire to settle themselves elsewhere.
" His Majesty will order to be sent by Col. Blakeney, who is appointed Adjutant General in this Expedition, a Number of blank Commissions, to be given by me to the Officers in this Government that are to Command the Troops raised here under Col. Spotswood.
" As His Majesty doubts not but the many Injuries & Cruelties which the Inhabitants of the British Plantations have suffered from
397
PROVINCIAL COUNCIL.
the Violence & Depredations of the Spaniards will be an additional Motive to engage all His Majesty's faithfull Subjects here to exert themselves with an uncommon Zeal in this Glorious Undertaking, so I am resolved to use my utmost Care & Diligence in an Affair of. this Importance, and for the promoting the Success of a Service in which the Honour of His Majesty's Crown & the Interest of His Subjects are so essentially concerned, especially those residing in this part of America, who will thereby have a Trade open'd for their Produce, & be enrich'd by the most valuable Returns.
"That no Time, therefore, may be lost, I do hereby, pursuant to the Orders signified to me as aforesaid in His Majesty's Name, and with the advice of Council, Earnestly Invite His Majesty's Subjects within my Government chearfully to inlist in this Service, assuring them of all proper Encouragement, of which His Majesty has already been graciously pleased to give ample Instances by appoint- ing an Officer long settled in North America & engaged in Affection to protect their Persons & secure their Interests, to command the Troops raised here, by giving the Governor's Power to appoint such Officers as are Inhabitants or are well Known, by ordering them to be supplied with Arms, Cloathing, & Pay, and by His Royal As- surance of their being sent back to their respective Habitations when the Service shall be over, unless they shall desire to settle themselves elsewhere. And I do further make known, That I will order some Persons in every County in this Government, of which Notice shall be given in the publick Newspapers & other Advertise- ments, to take the Names of such as shall be willing to inlist, That they may be in a Readiness to repair to the general Rendezvous at Philadelphia so soon as Col. Blakeney, His Majesty's Adjutant General in this Expedition, shall arrive (which is daily expected) with the Money, Cloaths, and Arms, designed for supporting and paying them.
"Given under my Hand and the Great Seal of the Province of Pennsylvania, at Philadelphia, the fourteenth day of April, in the thirteenth year of His Majesty's Reign, and of Our Lord Christ, One thousand seven hundred and forty.
" GEORGE THOMAS.
"By Command-THOMAS LAURIE, Secretary.
"GOD SAVE THE KING."
-
P. M.
The Governor, attended by some of the Members of the Council, The Mayor and Corporation, and a great Number of the Gentlemen of this City, proceeded to the Town House, where His Majesty's Declaration of War against Spain and the Governor's Proclamation
398
MINUTES OF THE
were read to a very numerous Auditory, who expressed their Joy by repeated acclamations of God save the King; some Cannon on Society Hill were discharged on drinking the Loyal Healths, and some Barrels of Beer given to the Populace.
At a Council held at Philada., May 5th, 1740. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut Governor.
Thomas Laurence, Samuel Hasell,
Ralph Assheton, Thomas Griffitts, Esgrs.
The Minutes of the two preceeding Councils were read and Ap- proved.
The Governor informed the Board that at the Assembly's last Meeting he had received a Message from them, informing him That they had met pursuant to the Writts issued by the Governor, and desired to know whether he had any thing to lay before them ; to which the Governor Answered, That if they intended to sit to do Business, he should prepare what he thought necessary against the next Day, and send it to them; if not, that he would defer it till their next Meeting; and that two of the Members waited on the Governor the next day, and informed him of the Intention of the House to adjourn to the fifth of May next, if that was agree- able to him; to which the Governor agreed.
Two Messages which the Governor had prepared in Answer to the Assembly's in January last, were then read, and are as follows :
" His Honour, the Governour, to the Gentlemen of the Assembly. " Gentlemen :
" As I have transacted Matters of Great Consequence with two preceeding Assemblys without Censure, and as I have since found in my self the same Disposition to do every thing in my Power for the real Interest and Happiness of the Province, I was not a little surprised at your Message of the twenty-sixth of January last, re- lating to the Bill for the better raising of Money on the Inhabi- tants of the City of Philada., &ca., but when I reflect on the Circum- stances preceeding that Message, and the Hurry in which it was sent, I flatter my self that you, upon a cooler Revisal of it, will ac- quit me of the Charge contained in it. However, that my actions may appear to others in the same Light I always wish't they might be seen by the Representatives of the People, since they are the result of Motives truly just and impartial, I find myself under a Necessity of showing that the Method taken by me in regard to that Bill is not in the least introductive of any thing new and un- common, but is exactly conformable to the Practice of former Gov- ernors with former Assemblys.
399
PROVINCIAL COUNCIL.
."The Manner of returning the Bill was by my Secretary, as usual, and if he was deficient in any point of Duty to your House, it was contrary to my Intentions ; but you have not been pleased to name any such to me.
" I agree with you that a Governor may deny his Assent to any Bill he may judge improper to pass without assigning any Reason ; but when a Governor does condescend to assign Reasons, it does not appear to me that the Rights, Priviledges, and Freedom of an Assembly are consequently thereby in any Degree affected, or that this Method hath not been heretofore used. Former Assemblies were, I suppose, as jealous of their Rights and Privileges as the present, and yet if you will examine the Journals of your House, as I have done the Minutes of Council, I believe you will find many Instances of former Governors having given Reasons against Bills at the time they signified their Disapprobation of them, and that it was never before objected to them as a breach of Privilege by any Assembly of this Province.
" In the year 1721, The Governor sent down Reasons against the Bill for vesting the Lands and Lotts commonly called the Lands of free Society of Traders in Pennsylvania, in Trustees, to be sold, &ca., with his Resolution not to pass it.
" The same was done in 1722, against a Bill for raising the Price or value of English money and Dollars.
"The same in 1724, against the Bill for regulating and establish- ing Fees, &ca.
" The same in 1725, against the Bill for distilling of Spirits from Molasses, Corn, and Fruit, in this Province.
" The same in 1725, upon an Amendment to a Bill for re-emit- ting and continuing the Currency, &c2.
"In the year 1735, The succeeding Governor sent down Reasons against a Bill the more effectually to prevent the erecting Wears and Damms within the River Schuylkill, with his positive Resolu- tion not to pass the same into a Law.
" The same was done by myself last year against the Paper-Money Bill; and yet a Conference, at the request of the Assembly, was afterwards granted, and the Bill with some amendments, was passed.
" These Instances, with many others too numerous to be inserted here, and the Observations I have had an Opportunity of making on the Difference of this Constitution from any other in the King's Dominions, induced me to follow the Forms usual here, as well in respect to giving Reasons against, as proposing Amendments to Bills, which in other Governments is the Business of a different Branch of the Legislature before Bills are laid before the Gover- nors for their Assent.
400
MINUTES OF THE
" What your House means by forming a decisive Judgment on a Bill on a private hearing, or otherwise, I am at a Loss to under- stand, unless you call that a private hearing when the Mayor & Commonalty of the City of Philadelphia were publickly heard by me in consequence of their Petition when the Assessors of the City were likewise present upon notice given them, and when as many Gentlemen as my mean dwelling could contain were admitted. But if you mean by a private Hearing, or otherwise, That I am not to hear the Objections of His Majesty's Subjects here by Petition or Council against any Bill sent from your House, It is indeed carry- ing the Privileges and Freedom of Assemblys an Extraordinary Lengtlı, but at the same time renders their Lives and Estates in- tirely dependent on your Will and Pleasure. I am not such an Enemy to Reason as to shut my Ears against it, nor can I think it really the Intention of your House to abridge me of a Right so beneficial to the People, or to discountenance any from Petitioning to be heard against a Bill by which they think themselves ag- grieved.
" It is plain from my Transactions with the last Assembly, that it was not my Intention to Preclude your House either from offering Reasons in writing or in a Conference, in support of the Bill, and you yourselves seem to understand it so, by desiring me To hear what the House may be able to offer before any absolute Negative be given, tho' in a former part of your Message you argue upon a quite different Supposition.
" If your sending a Message to me after an Adjournment, your desiring a Conference when your Adjournment had rendered it im- practicable, and the leaving my Reasons against the Bill out of your printed Votes, tho' your own Message concerning them was in- serted, be according to the Methods heretofore usual, I confess my Endeavours to acquaint myself with them have been to no Purpose, and I am so far from thinking such Methods of proceed- ing likely to preserve Harmony between me and the Assembly, that on the contrary, I think they have a direct Tendency (however other- wise they may have been design'd by your House) not only to des- troy that, but to raise such Jealousies in the Minds of the people as may be destructive of the Peace and Happiness of the whole Gov- ernment.
" If your House thinks fit to send an Answer in writing to my Reasons against the Bill, or if you continue to desire a Conference, I shall be ready to receive the one, or willing to grant the other.
" GEORGE THOMAS.
" Philada., May 6th, 1740.
'. By his Honour's Command.
" Thomas Lawrie, Secretary.
1
0 I I
ta th
if an
401
1
PROVINCIAL COUNCIL.
" His Honour the Governor to the Gentlemen of the Assembly. "Gentlemen :
" Your last answer to my Messages on the Subject of Defence having been delivered to me with your Resolution immediately to adjourn, I took it for granted that it was designed to prevent my pressing you further on that head; and Considering the Temper you were then in, I think it would have been to little purpose. But as every Account from Europe gives us more and more reason to apprehend a general War, you must excuse me if I still consider you as the Representatives and the Watchman of the whole People of the Province, and not as a particular religious Society, the Pro- vidence of God having appointed me, too, at this time over them, and I hope as an Instrument of good to them, and not a Witness only of their Destruction.
"I can not but be thankful that God has at the same time given me a Resolution above being intimidated by all the Calumny that has been thrown out against me by Persons who, under Pretence of Liberty and Love for what they miscal the Constitution of this Country, licentiously traduce their Superiors (a practice most un- worthy of the Christian Profession), and do what has a Tendency to destroy that Constitution, and to deliver up this part of His Ma- jesty's Dominions into the hands of his Enemies, and the Enemies of our Religion and Liberties.
" I have acted consistent with my Duty to His Majesty, with the Trust committed to me by your Honble Proprietors, with the safety of the Province and my own Conscience, and if I must be vilified without Doors, and my Support withheld on these accounts by the Assembly beyond the usual time of granting it to former Governors, the satisfaction will remain with me, that in the End it cannot but prove profitable and honourable to me.
" After much said on my part, and nothing done on yours, I cannot conclude this Consideration better than by recommending to your Consideration what the Lord said to one of his Prophets of old.
"' When I bring the Sword upon a Land, if the People of the Land take a Man of their Coasts & set him for their Watchman. If, when he seeth the Sword come upon the Land he blow the Trumpet and warn the People, Then whosoever heareth the sound of the Trumpet and taketh not warning, if the Sword come and take him away, his Blood shall be upon his own Head. He heard the sound of the Trumpet and took not warning, his Blood shall be upon him ; but he that taketh warning shall deliver his Soul. But if the Watchman see the Sword come and blow not the Trumpet, and the People be not warned, If the Sword come and take any VOL. IV .- 26.
402
MINUTES OF THE
Person from among them, he is taken away in his iniquity, but his Blood will I require at the Watchman's hand.'
" GEO. THOMAS.
" Philada., May 6th, 1740.
" By His Honour's Command.
" Thomas Lawrie, Secretary."
At a Council held at Philada., May 10th 1740.
PRESENT :
The Honble GEORGE THOMAS, Esq., Lieut. Governor. Samuel Preston, Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, } Esqrs.
Ralph Assheton,
The Minutes of the fifth instant were read and Approved.
The Governor laid before the Board two Messages he had re- ceived from the Assembly ; which were read and are as follows, Vizt. :
" A Message to the Governor from the House of Representatives. " May it please the Governor :
" The Bill entituled an Act for raising Money on the Inhabitants of the City of Philadelphia, &ca., the Reasons the Governor hath been pleased to assign against its passing into a Law, our Message thereupon, and the Governor's of the sixth Instant on the same Subject, have been under our Consideration, and if upon the coolest Revisal thereof we could have been of the Governor's Opinion that nothing new or uncommon was introduced by the Method taken in Relation to that Bill, we should have declined engaging in the pre- sent Controversy.
" The manner of returning that Bill, it is true, was by the Se- cretary ; But that it was as usual we neither did nor do conceive, being accompanied with a Message, wherein the Governor, for the Reason therein set forth, without hearing any part of what we had to say in support of the Bill, was pleased to declare he could not give his Assent to it; a practice we think unusual, and should it obtain, might nearly affect the Rights, Privileges, and Freedom of Assemblys.
" But as the Governor has since been pleased to declare it was not his Intention to preclude us either from offering any Reasons in writing, or in a Conference, in Support of the Bill (which was the purpose of our Message), we decline Particular Observations on the Instances given in the Times of former Governors, none of which, in our Opinion, come up to the Case in Question, unless the
t ol th
ju W an
a t b
403
PROVINCIAL COUNCIL.
Minutes of Council vary from the Messages remaining in the House.
" To what End is Freedom of Access to the Governor, on all reasonable Occasions, claimed as a Privilege of this House ? If Bills are to be returned to us with Reasons assigned against their passage, and a direct Negative upon them without giving us any Opportunity of being heard, Can it be judged unreasonable for us to claim a Right of being heard in a Case wherein the Governor seems to think (as we do) it ought to be denyed to no Body who apprehend themselves aggrieved.
" As the Matters transacted between the Governor and Assembly in Relation to the passing of Bills may be justly termed Publick, So we think the Hearing of other Persons in respect to such Bills may, without any Impropriety, be called private, especially when on the same Bills the Representatives of the People have not the Opportunity of being heard in their own Defence, such we esteemed the Hearing of the Mayor and Corporation to be ; and yet it was not the hearing them, or any other, but the not hearing of us before a positive Declaration against the Bill, was the Inconvenience we sought to avoid.
" We attribute the Governor's Charge of sending a message after an Adjournment, and our desiring a Conference after an Adjourn- ment had rendered it impracticable, to his having been misinformed or mistaken, for the Message was sent and the Messengers returned before our Adjournment; and tho' we did desire the Governor wou'd be pleased to hear what we had to offer before any absolute Negative was given to the Bill, our Intention was to offer those Reasons in Writing. But did any words in that Message imply our Desire of having a Conference ? We cannot see why it should be called impracticable, since it might as well have been in any subsequent Sessions before the Bill was wholly rejected, as in the present. And the Truth really was, we were desirous of letting the Governor know we were willing to have an Opportunity of offering him our Sentiments in Support of the Bill, alto' not at the time of sending the Message.
" The Entring of Reasons for or against Bills proposed to be passed, in our Minutes, or the printing of them, is seldom practiced ; and therefore our not doing it in the present Case would not be thought extraordinary. We did and do conceive it would not have been reasonable unless we had also printed the Bill objected against, that every one who thought fit might judge of the validity of those objections, which, without being acquainted with the Contents of the Bill, would not have been practicable.
"This being the Case, We hope no part of our Conduct can justly be esteemed to have a Tendency to destroy that Harmony which ought to subsist between the several parts of the Legislature, and which on our parts we are desirous to preserve.
40-1
MINUTES OF THE
" With this we send our Answer to the Objections against the "Bill, which we submit to the Governor's Judgment, in Hopes of their having due Weight.
"By Order of the House, "JOHN KINSEY, Speaker.
" Philada., the 8th of the 3d Month, 1740."
" A Message to the Governor from the House of Representatives, " May it please the Governor :
" Our Sentiments in Regard to Defence have been so fully ex- press'd that it would be of no use to repeat them here; nor have we any Desire to revive a Controversy which hath been very dis- agreeable to us, and in which we think too much hath been said already.
" We are not conscious of the Want of Temper in that or any other Affair transacted by this Assembly (whatever the Governor may be pleased to think to the contrary). Our Actions have been the Result of our Judgments, not of our Passions; and we cannot yet find any Cause to alter our Sentiments, and therefore it will be needless to press us further on this Subject.
" What Calumny hath been thrown upon the Governor, or by whom, he has not been pleased to acquaint us ; nor who they are who licentiously traduce their Superiors, and vilify him without Doors. If any Thing of this kind hath been done, it is more pro- perly enquirable by others than by us ; and as we are assured no Part of these can relate to this Assembly, or any Member of it, we have nothing to Answer on that Account ; and therefore we should have thought our selves more kindly treated if what relates to our Conduct had been considered seperately, and not accumulated with the Faults of others.
" We are unacquainted with any fix'd Rule, either for the Time or Sum to be given for the Support of Government ; And therefore we conceive there Could be little grounds for charging us with withholding it beyond the usual Time, and much less that this was done for the Reasons the Governor has thought proper to enu- merate. The general Practice has been that the Support and other publick Business went hand in hand, and has been sometimes de- ferred later in the year than this.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.