USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 50
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" And Whereas many and great Inconveniences have arisen in some of his Majestie's Colonies and Plantations in America by passing Laws for striking Bills of Credit and issuing out the same in Lieu of Money, making it Obligatory on all Persons to take such Bills in payment of Debts, Dues, & Demands, whereby the good inten- tion of the aforementioned Act of the sixth of her late Majesty Queen Anne for ascertaining the Rates of Foreign Coins in her Majesty's Plantations in America has been frustrated, and a great Discouragement has been brought on the Commerce of this King- dom by occasioning a Confusion in Dealings and a lessning of Credit
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in those parts : And Whereas an Humble Address was presented the last Session by the House of Commons to his Majesty to the Effect following, Vizt .:
" That he would be graciously pleased to require and Command the respective Governors of His Colonies and Plantations in America not to give assent to or pass any Act whereby Bills of Credit may be struck or Issued in lieu of Money, without a Clause be inserted in such Act declaring that the same shall not take effect until the said Act shall be approved by his Majesty. It is, therefore, his Majesty's will and pleasure, and you are hereby required upon Pain of his Majty's highest Displeasure, not to give your assent to or pass any Act whereby Bills of Credit may be issued in lieu of Money, without a Clause be inserted in such Act declaring that the same shall not take Effect until the said Act shall be approved by his Majesty, his Heirs or Successors J. C. W. P. H C. P.S. D B."
As also two Letters from the Right Honble. the Lords Comm" for Trade & Plantations, Dated the 20th & 21st of May last, both which were Read as follows, Viz':
"Whitehall, May the 20th, 1740.
" Sir :
" In pursuance of an Address of the House of Commons to his Majesty, on the 25 April, 1740, and of his Majesty's Commands signified to us by his Grace the Duke of Newcastle, in his Letter Dated 30th April, You are imediately to prepare, and as soon as possible transmit to Us, in order to be laid before the House of Commons at their next Meeting, An account of the Tenor and amount of the Bills of Credit which have been created & issued in Your Government that are now outstanding, with the respective Times when such Bills so outstanding were issued, with the amount of the said Bills in Money of Great Britain, both at the Time such Bills were issued and at the Time of preparing Your account.
"You are likewise to send therewith Your Opinion what will be the most easy & Effectual Manner of sinking and discharging all such Bills of Credit with the least prejudice to the Inhabitants of Your Governmt., and interruption of the Commerce of this King- dom.
" And We desire You will Use all possible dispatch in this Mat- ter, that we may have Your Return early enough for Us to consider thereof before the beginning of the next Session. So we bid you heartily farewell, & are Your Loving ffriends and Humble Servants, Monson Edw. Ashe, R. Plumer, M. Bladen, Ja. Brudenell."
" Whitehall, May the 21st, 1740.
" His Majesty having, in Pursuance of an Address of the House of Commons in the last Session of Parliament, commanded us to
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prepare forthwith a Compleat Collection of all the Laws which have been made and are now in force in any of the British Colonies in America, we must desire You to prepare a Compleat Collection of the Laws in Your Government to this present Time, & transmit the same to us with all Convenient Expedition. So we bid you heartily farewell, and are Your very Loving ffriends & Humble Servants. Monson Edw. Ashe, Ja. Brudenell, R. Plumer, M. Bladen."
The Governor then laid before them a Draught of a Message which he had prepared to be sent to the Assembly, which being read was approved, and is as follows, Vizt. :
" His Honour, the Governor, in Council, to the Gentlemen of the Assembly.
" Gentlemen :
" You will observe by the additional Instruction which I have ordered to be laid before You, that their Excellencies the Lords Justices have signified to Me his Majestie's Commands ' That I do take effectual Care that the Act of Parliament, passed in the sixth Year of her late Majesty, Queen Anne, entituled An Act for ascer- taining the Rates of foreign Coins in her Majestie's Plantations in America, be punctually and bona fide observed and put in Execu- tion according to the true intent & meaning thereof. And that whereas many and great Inconveniencies have arisen in some of his Majestie's Colonies & Plantations in America, by passing Laws for striking Bills of Credit and issuing out the same in lieu of Money, making it Obligatory on all persons to take such Bills in payment of Debts, dues, and Demands, whereby the aforementioned Act of the sixth of Queen Ann has been frustrated, and great discouragement has been brought on the Commerce of Great Britain by occasioning a Confusion in Dealings, and a lessening of Credit in these Parts, I am requested upon Pain of his Majesty's highest displeasure not to give my Assent to or pass any Act whereby Bills of Credit may be issued in Lieu of Money, without a Clause be inserted in such Act declaring that the same shall not take Effect until the said Act shall be approved by his Majesty, his Heirs or Successors.'
" The Right Honourable the Lords Commissioners for Trade and Plantations, by their Letter to me, dated the 20th of May last, which I have likewise sent you for your perusal, have required, in pursuance of an Address of the House of Commons to his Majesty, and of his Majesty's Commands, 'That I do immediately prepare, and as soon as possible transmit to them, in order to be laid before the House of Commons at their next Meeting, an Account of the Tenour and Amount of the Bills of Credit which have been created and issued in this Government that are now outstanding, with the respective Times when such Bills so outstanding were issued, with the Amount of the said Bills in Money of Great Britain, both at the Time such Bills were issued and at the Time of preparing my
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account. I am, also, required send therewith my Opinion what will be the most easy & Effectual Manner of sinking and discharging all such Bills of Credit with the least Prejudice to the Inhabitants of this Government and interruption of the Commerce of Great Britain.'
" By their Lordship's Letter of the 21st of May last, I am fur- ther required, in pursuance of an address of the House of Com- mons, 'To prepare forthwith a Compleat Collection of all the Laws which have been made and are now in force in this Government to this present Time, and to transmit the same to them with all Con- venient Expedition.'
" As their Lordship's Letters did not come to my Hands till the latter end of November, I have not returned an Answer to them, but as they will expect it from me by the first Conveyauce from hence, and I think it just that you should have an Oppertunity of giving me your Sentiments in a Matter which so greatly concerns the Trade and Interests of this Province, so I cannot doubt but you will immediately prepare the accounts required, as well as lay before me your Opinion, which will be the most easy and effectual Manner of sinking and discharging your Bills of Credit agreeable to the ends proposed.
" A Transcript of the Laws of this Government will be a work of Time & Expence, but their Lordship's will expect to hear that proper Orders are given for transcribing them with all possible Dispatch.
"GEO. THOMAS.
" Jan'y. 6, 1740-1.
" By his Honour's Command.
"Pat. Baird, Secry."
Then his Honour acquainted the Members that he had received from Mr. Paris, Provincial Agent at London, Copies of two Reports upon some of our Late Acts of Assembly, the one of the 16th of April, 1740, by the Lords Commissione" for Trade and Planta- tions, the other of the 10th of May, 1740, by the Attorney & Solicitor Gen1., both which were read and are as follows :
"To the Right Honble, the Lords of the Committee of his Majesty's most Honble Privy Councill.
" My Lords :
" We have Considered five Acts past in the Province of Pennsyl- vania, referred to Us by your Lordship's Order of the 23d of Nov"., 1739, Entituled,
"'AN ACT for the more easy and speedy Recovery of small Debts.' "' A Supplem" to the Act for Electing Members of Assembly, &c.'
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""'AN ACT for the more effectual preserving the Credit of our Paper-Money & recovering the proprietary Quits-Rents.'
"' AN ACT for re-printing, exchanging, and re-emitting All the Bills of Credit of this Province, & for striking the further Sum of £11,110 5, to be emitted upon Loan.'
""' AN ACT for the better enabling divers inhabitants of the Prov- ince of Pennsylvania to trade & hold Lands within the said Province.'
" As two of these Acts relate to Paper-Money, we took the Sense of the Merchant's trading to that Province upon them, who are of Opinion that they are not only reasonable but likewise necessary for carrying on the Commerce of that County.
" We have consulted Mr. Fane, One of his Maty's. Counsel-at-Law, upon the said Acts, who has no objection to them in points of Law, and as no Objection appears to Us against them, we have no reasons to Offer why they may not receive his Majestie's Royal Approbation.
" We have also considerd ano". Act past at the same Time in Pennsylvania, Entituled
"' A Supplement to an Act of Assembly of this Province, Entituled An Act prescribing the Forms of Declaration of Fidelity, Abjura- tion & Affirmd-, instead of the Forms heretofore required in such Cases ;'
" And have also consulted Mr. Fane thereupon, who has no objec- tion to it in point of Law. But we must beg Leave to observe that in taking an Oath it dispenses with the usual Form of Kissing the Book, & gives liberty to take the Oath as commonly administred and taken in Scotland; we must therefore Submit whether his Maty may not be graciously pleased to give his Royal Approbation thereto. We are, My Lords, your Lordships' most Obedt and most hble Servts., Monsan R. Plumer, M. Bladen, Edw. Ashe, Ja. Brudenell.
" Whitehall, April 16th, 1740."
"To the Right Honourable the Lords of the Commitee of Council for Plantation Affairs.
"May it please your Lordships:
" In Obedience to your Lordships' Order of the sixth of May Instant, whereby your Lordships' are pleased to refer to Us an Act past in the Province of Pennsylvania, Intitled
"' A Supplement to an Act of Assembly of this Province, Intitled An Act preescribing the Forms of Declaration of Fidelity, Abjura- tion and Affirmation, instead of the Forms heretofore required in such Cases ;'
" And directing Us to consider thereof and Report to your Lord- ships with all convenient speed, whether we conceive it adviseable for his Majesty to signify his Royal Approbation of the said Act.
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" We have considered the said Act, and considering the loose uncertain manner of pening it, and the Danger there may be of giving way to new Scruples about Oaths, It does not seem advise- . able to us for his Majesty to signify his approbation of it.
" All which is humbly submitted to your Lordships great Wisdom.
" 10th May, 1740.
D. RYDER, J. STRANGE."
Jan'y- 8th. The Governor received the following Message from the Assembly in Answer to his of the 6th Instant, which he ordered to be inserted in the Minutes, and is as follows :
" A Message from the Assembly to the Governor.
" May it please the Governor :
" We thankfully acknowledge the regard the Governor has been pleased to show to the Interests of the inhabitants of the Province, in communicating to Us the Subject Matters contained in his Mes- sage of the 6th Instant, with the Letters and Papers relating thereto ; and having duly considered them, We think it a Duty we owe to those we represent to return our Sentiments thereof in the manner following :
" When the Act of the sixth year of the late Queen Anne for ascertaining the Rates of foreign Coin in the British Plantations past and was in force, the People of this Province Yielded Obedi- ence thereunto by receiving and paying Silver at the Rates thereby directed, and so continued to do until the year 1720. Between which Time and the Year 1723, Merchants to make Remittances to England did sometime purchase Silver with Gold at a Small advance, but no payments were deemed legal but such as were paid according to the Tenor of the said Act- In the Year 1723 the first Act for Emitting of Bills of Credit was made, in the doing of which as well as in all other the Acts for issuing Bills of Credit within this Province, due regard was had to the Act of Parliament before mentioned by Establishing the Values of those Bills in Conformity to it. It must indeed be confessed, that soon after these Bills of Credit were issued, as our Trade very much increased and far greater Quantities of English Goods were imported, the Ballance of our Trade with Great Britain turned out in our Disfavour, And as those Bills were of good Credit and answered the Ends of Money amongst us, it was no longer in our Power to keep any great Quantities of Silver or Gold for a Cur- rency ; and therefore since that Time they have been seldom used in the Payments of Debts, but generally bought and sold as Merchan- dize, and Shipp'd off to Great Britain to pay for those great Quan- tities of Goods which are yearly imported from thence.
" As the Governor received from the Assembly of the last year (for the same Purposes it is now again required) a full account of
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the state of our paper Currency at that time, and was pleased to undertake to Transmit it to the Lords for Trade and Plantations, and as we are well informed their Lordships have received the same and there is no other or greater Quantities of Bills of Credit since Emitted, we Conceive it will not be necessary to say much on that Occasion. We may however add, that in Pursuance of the last Act, great Part of the Bills of Credit, formerly current, have been brought in and actually destroy'd, and the Residue daily bringing in and Exchanging to the same End; So that £80,000, created by virtue of that Act, is the whole Sum that is or will be current in this Province; And notwithstanding this is the greatest Sum we have ever had Current among us, Yet is evident that no Injuries have been sustained by the British Merchants, but, on the Contrary, it has been greatly advantageous both to them & the Trade of this Place, for Silver is fallen in Value since the Emission from 8-6 $ oz. to 7-6 $ oz., and Gold from £6 9 3 to £5 15 0 $ oz .; and Bills of Exchange drawn on Merchants in London, which were not to be purchased some time before the Emission of those Bills at less than £70 $ Cent have since been and we believe now may be purchased at £50 $ Cent; and therefore the Discouragemts which have been put on the Commerce of Great Britain and Confusion in Dealings the Lords Justices are pleased to mention, we persuade ourselves alluded to Abuses committed in some other Colonies in which we had no concern & has no relation to Us; And we have the Stronger Inducement to this persuasion, since by the Report lately made to the Lords Committee of Council from the Lords Commissioners for Trade and Plantations, touching the last Act passed in this Province for emitting the Sum of &80,000 in Bills of Credit, 'they were pleased to declare they had took the Sense of the Merchants trading to this Province upon it, who were of Opinion that it was not only reasonable but likewise necessary for carrying on the Commerce of this Country; That they had consulted Mr. Fane, one of his Majesty's Council-at-Law, upon the said Act, who had no Objection to it in point of Law, And that as no Objection appeared to them they had no reasons to Offer why it might not have his Majesty's Royal Approbation,' which we are informed it hath since actually received.
"From what is before said and what is consistent with the Gov- ernor's Knowledge, we Conceive it is evident, and that he will be of Our Opinion, that the Method prescrib'd by the Act is the best Means of sinking those Bills by the Inhabitants of this Province ; That it would be extreamly injurious to them to do it Suddenly or in any other manner; That it would tend to the impoverishing of Great Numbers of the King's Loyal Subjects here, and would give such an interruption to the Commerce between Great Britain and this Colony as (we believe) might disable Us from importing and purchasing the fourth part of the Goods we now annually do.
"The Revising & Collecting of the Acts of Assembly now in
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force in this Government has been under the Consideration of some preceeding Assemblys as well as of the present, and our Speaker, to whose Care we recommend that Matter, acquaints Us he has made a Considerable progress in it, and we hope it will be compleated time enough to furnish the Governor with such Copies of those Laws as will answer the End the Lords for Trade and Plantations propose.
" As the Commerce between Great Britain and this Colony and the Interest of the Inhabitants have so great a Dependence on the Continuance of the Currency of our Bills of Credit amongst us, We entertain no Doubt but the Governor will be pleased to state our Case in regard them to the Lords for Trade and Plantations in a true Light; And it is only Want of a Right Understanding of the Benefit that arises by them from whence we can form any Apprehensions of the Danger of being deprived of them.
"Signed by Order of the House, "J. KINSEY, Speaker.
"The 8th of the 11th Month, 1740."
The Governor also the same Day received a Verbal Message from the Assembly, signifying their intention to adjourn themselves to the 20th of April next, Unto which he did not Object.
At a Council held at Philada., 2d February, 1740-1. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Clement Plumsted, Thomas Laurence,
Samuel Hasell, Thomas Griffitts, Esqrs. Ralph Assheton,
The Minutes of the preceeding Council were read. Then
A. Letter from Admiral Vernon at Jaimaica to His Hon" the Lieu- tenant Governor, having been laid before the Board and Read,
The same was taken into Consideration, and Resolved that it be further considered at the next Meeting of Council.
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At a Council held at Philada., Feb. 20th, 1740-1.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Samuel Preston, Anthony Palmer,
Clement Plumsted,
Samuel Hasell,
Thomas Laurence,
Ralph Assheton,
Esqrs.
Thomas Griffitts,
The Letter from Admiral Vernon to his Honour the Governor, having been laid before the Board & read, Advising that a Squadron of twelve Spanish Men of Warr, from 80 to 60 Guns, and two as large ffrench Squadrons from Brest and Toulon, are lately arrived in those Seas, and from an Opinion that those Squadrons will rely upon being supplied with provisions by the Northern Colonies either imediately from the ffrench Ports before we come to a Rupture with them, or from St. Eustatia or Corocoa afterwards, recommending that no one be permitted at this critical Juncture to clear out with- out giving Sufficient Security not to land his Provisions elsewhere than at some one of his Majestie's Colonies, It is the unanimous Opinion of this Board that the proposed Limitation may prove greatly for his Majestie's and the publick Service, as it may be a Means of distressing the Enemy. It is, therefore, hereby
Ordered, That the Collector of his Majesty's Customs on the Na- val Officers of this Port shall not Clear any Vessell Laden or to be Laden with Provisions of any sort untill the Master of such Vessel shal have given Bond, with sufficient Security, to his Majesty, in the Naval Office, that the said Provisions shall not, directly or in- directly, be carried to or landed in any Port, Harbour, or Place in America Subject to any Foreign Prince or State, but that the same shall be actually and bona fide carried to and landed in some of his Majestie's Dominions in Europe, or in some of his Majestie's Colo- nies or Plantations in America, or in the Islands Azores or Madeira, or in some Port or Place in Europe Subject to some Prince or State in Amity with Great Britain. And within the Space of eighteen Months after the Date of such Bond to return a Certificate, under the Hands and Seals of the principle Officers of his Majestie's Cus- toms at such British Port or Plantation, or under the Hand of the British Consul, or (in such place where there is no British Consul) under the Hands of two or more of the principal Merchants resi- dent at such other place or Port where the said Provisions may be landed as aforesaid, respectively signifying that the said Provisions were actually Landed or put on shore at such respective Port or Place. And upon the producing such Certificate within the Time before limitted, the Navall Officer is hereby ordered to cancel such Bond so given as before is hereby directed.
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At a Council held at Philadelphia, March 10th, 1740-1.
PRESENT :
The Honble GEORGE THOMAS Esqr., Lieut. Governor.
Samuel Preston,
Clement Plumsted,
Ralph Assheton,
Thomas Laurence,
Thomas Griffitts,
Samuel Hasell,
Esqrs.
Upon considering his Majestie's Speech to the Parliament of Great Britain, recommending that a Law be prepared to prevent our Enemies being supplied with Provisions from any of his Majesty's Dominions, And his Majestie's order in Council, pursuant to the Addresses of the Houses of Lords and Commons, laying an Em- bargo upon all Ships in the Ports of Great Britain laden or to be laden with Corn, Grain, Starch, Rice, Beef, Pork, or any other Pro- vision of Victuals to be exported to foreign Parts; and likewise upon Considering that his Majestie's Dominions and Plantations, under the present scarcity of Provisions in many parts of them, and more especially his Majestie's Fleet & Troops in America, may stand in need of all that can be spared from this Province over and above what shall be necessary for the support of the Inhabitants thereof, It is the Opinion of this Board That a further Restraint ought to be laid upon the Exportation of all sorts of Provisions until his Majestie's Pleasure shall be known on the Resolutions of Parliament concerning the Bill some Time since under their Consideration, or until further Order.
And it is hereby Ordered, That the Collector and Naval Officer do not clear out any Vessel laden or to be Laden with Corn, Grain, Flower, or any other Provision of Victuals, untill the Master shall have given Bond in the Naval Office, with sufficient Security, that he will not, directly or indirectly, Land or put on Shore any Corn, Grain, Flour, or any other Provision of Victuals in any Port or Place whatsoever under the Government of any fforeign Prince or State ; But that he will bona fide land the same either in some Port of his Majestie's Dominions in Europe, or in some of his Majestie's Colonies or Plantations in America, and to return a certificate within eighteen Months, under the Hand & Seal of the Collector or prin- cipal Officer of his Majestie's Customs where he shall have landed the same as aforesaid.
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At a Council held at Philadelphia, March 26th, 1741.
PRESENT :
The Honble THOMAS PENN, Esqr., Proprietary.
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Samuel Preston,
Clement Plumsted,
Thomas Laurence,
Samuel Hasell, Esqrs.
Thomas Griffitts,
The Governor laid before the Board sundry Papers & Instruments relating to the Delaware Indians, viz* :
A Copy of a Letter from sundry of the said Indians, directed to Jeremiah Langhorne, Esqr., and Others, the Magistrates of this Province, Complaining of certain Lands in Bucks County being ta- ken & held from them without their having received Satisfaction for the same, Dated Nov^ 21st, 1740.
A Letter to the Governor from the same Indians and to the like purpose, Dated Jan". 3d, 1740-1.
Absolute Deeds of Conveyance of all the said Lands, from the Chiefs of the six Nations to the Proprietors, Dated October 11th & 25th, 1786;
An absolute Deeds of Release and Quit Claim of all the said Lands from the Chiefs of the Delaware Indians to the Proprietors, Dated August the 25th, 1737, And a Map of the said Lands made on that Occasion ;
And a Letter from the Chiefs of the six Nations, wherein they declare that their Cousins, the Delawares; have no lands to dispose of, and praying the Proprietor not to buy or accept of any Grant of Lands from them.
Which being read,
It is the Opinion of the Board that a Letter from the Governor be sent to the Delaware Indians, setting forth the former Purchases and Releases of the said Lands and the request of the six Nations aforesaid, and Exhorting and requiring them (the Delawares) to live peaceably & friendly with the English Inhabitants as heretofore, And at the same time to inform them that as the Chiefs of the six Nations are to be at Philadelphia in May next, unto whom this whole Affair will be made known, The Delawares may, if they please, at their own Expence, come down at the same time and be present.
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