USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 16
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Governor's Concurrence, was then read and referred to a further Consideration.
A Bill entituled "An Act for the relief of Samuel Wallis, a Pri- soner in the Goal of Philadelphia, with respect to the imprisonment of His person," being presented to the Governor for his Concur- rence, was read and approved, and the Secretary was ordered to carry the same to the House to-morrow, with the Governor's Assent, & at the same time acquaint them that his Honour would return the two other Bills under his consideration as soon as possible.
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Saturday, 10th March, 1764.
Two Members of the Assembly waited on the Governor and ac- quainted him that the House being inclinable to break up very soon, hoped the Governor would return the two Bills under his Considera- tion as soon as possible, & desired to Know at what time they might expect them; to which the Governor answered, that he would return them to the House on Monday next.
At a Council held at Philada", on Monday, the 12th March, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieut. Governor, &cª.
James Hamilton, Lynford Lardner, EsqTS.
Benjamin Chew, Richard Penn,
The Bill entituled "An Act for forming and regulating the Militia of the Province of Pennsylvania," was again read, and being fully considered, there appeared among others the following material Ob- jections to it, viz": 1st. It provides that the Officers shall be elec- tive, and in the Nomination of the people. 2dly. That the Gover- nor shall not have the power of ordering a part of the Militia to do duty on the Frontiers, for the defence of the Province, while the Provincial Troops were employed elsewhere, without the advice and consent of the Provincial Commissioners. 3dly. The several Fines to be imposed on the Oficers and Soldiers for neglect of Duty, in every instance, are too small, and by no means sufficient to answer the purposes intended by them. 4thly. No provision is made for holding Courts Martial, for punishing Capital Crimes, such as Mutiny, &cª., in time of actual Service.
Accordingly several Amendments were made to the Bill, and the Secretary was directed to return it with the same to the House in the afternoon for their Consideration.
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The Bill, entituled "a Supplement to the Act entituled 'An Act for erecting a Light House at the Mouth of the Bay of Dela- ware, &ca,'" was again considered, and the Secretary was ordered to return the same to the House with a Verbal Message, in the words following, vizt .:
"Sir:
" The Governor commands me to return the Bill entituled " A Supplement to the Act entituled, 'An Act for erecting a Light House at the Mouth of the Bay of Delaware, &ca.,'" to inform the House that he has no other objection to it than that the House have, by inserting the Officers name for collecting the Duties thereby imposed, even without consulting him in the Appointment or Nomination of such Officer, made an Infringement on the Pre- rogatives of the Crown, with which he is entrusted ; and that he cannot, therefore, pass it in its present Form."
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At a Council held at Philadelphia, on Monday the 19th March, 1764.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
James Hamilton,
Lynford Lardner,
Benjamin Chew, r Richard Penn,
Esquires.
The Governor laid before the Board a Bill entituled "An Act for granting to his Majesty the sum of £55,000, and for striking the same in Bills of Credit, in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & Taxables within this Province," sent up by the House last Week for His Honour's con- currence, & the same being read and considered, it was found liable to the same objections as were made to the last Supply Bill respect- ing the Taxation of the proprietary located uncultivated Lands and Lots ; And, therefore, the Secretary was directed to return it, with the following Verbal Message, to the House, viz" :
" Sir :
" The Governor returns the Bill intituled 'An Act for granting to His Majesty the Sum of £55,000, &ca ,' and commands me to acquaint the House that it is Liable to the same Objections which he made in his Message of the Seventh of this Instant, to the last Supply Bill, relative to the taxation of the Proprietary located un- cultivated lands and Lots, as must appear at first View, on compar- ing the Bill with the Decree of His late Majesty. The Governor,
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therefore, most earnestly recommends it to the House to make the Bill conformable in these particulars to the Said Decree, from the Terms of which he cannot in duty deviate, after which he will readily pass it into a Law."
The Bill intituled "a Supplement to the Act intituled 'An Act for the "better settling Intestate Estates,'" and for repealing one other Act of General Assembly of this Province, intituled "An Act for amending the Laws relating to the partition and distribution of Intestates' Estates," sent up by the House for the Governor's con- currence, was also laid before the Board, & being read and consid- ered, was ordered to be returned to the House with several Amend- ments.
Eodem die.
The Governor received from the Assembly, by two Members, a verbal Message, in these words, viz“ :
" The House apprehend that they have, in the Supply Bill, fully complied with the Stipulations entered into by the Agents at the Council Board, relative to the Proprietary located unimproved Lands & Lots, and have expressed the Intention of the same in the plainest Terms. As the Governor thinks otherwise, the House re- quest he would be pleased to explain to them what he takes to be the Intention of the said Stipulation in that respect, it being highly necessary the Act should be expressed in such Terms as that those who are to execute it should clearly understand it."
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Tuesday, 20th March.
The Governor sent to the House follows verbal Message by the Secretary, viz* :
" Sir :
" In answer to the verbal Message from the House, of the last Evening, the Governor orders me to lay before the House a Copy of the Second and third Articles of the decree of His late Majesty in Council, Referred' to in his former Message, which are as follows, viz **:
"'2. That the located uncultivated Lands belonging to the Pro- prietaries shall not be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the Inhabitants shall be assessed.'
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" '3. That all Lands not granted by the Proprietaries, within Bo- roughs & Towns, be deemed located uncultivated Lands, and rated accordingly, & not as Lots.'
"The Governor further commands me to acquaint the House that the Agents for the Assembly stipulated that the House would frame a Bill in conformity to the said Order of the Council Board, & that he apprehends the Words made use of in the above articles to be so express' and certain, as to admit of no doubt or Ambiguity, and to convey a meaning very different from the Provisions made respecting these matters in the present Bill. But, as the Session hath been drawn out to such an unusual length that the Levies vo- ted by the Assembly will be useless unless they are raised imme- diately, and a difference in Opinion, or Dispute between him and the House, at this time, with regard to the Intention of the Agents, in the said Stipulations, would probably obstruct his Majesty's Ser- vice, and defeat the good Ends proposed by the General, in the aids he hath demanded of this province; the Governor, to avoid these Mischiefs, hopes the House will be pleased to insert in the Bill the above clauses, in the very Words of the Decree."
Eodem Die.
A Member of Assembly waited on the Governor, and delivered a verbal Message from the House, in the words following, Vizt :
" As the Governor and assembly differ in their opinion of the meaning of the Words contained in the Stipulations, he mentions, it is very probable, if the same Terms only, are used, the Commissioners and Assessors of the several Counties may differ likewise, in their opinion of the meaning of those Terms, and thence differ in the Modes of Taxation, and the Provincial Commissioners of Appeal may not know what to determine in the last instance. It seems, for that reason, necessary to use Terms more certain and explicit, though expressing the same meaning, which the House have accordingly done. But in order to come to a right understanding with the Governor on this matter, they request he would be pleased to acquaint them whether he understands the meaning of the Stipulation con- cerning the located uncultivated Lands to be, that the best and most valuable of the Proprietaries' Lands and Lots should be taxed no higher than the worst and least valuable of the Lands and Lots belonging to the people? As the greatest part of the Troops are already raised, the House do not conceive that the settling of this important point, so as to leave it clear, can occasion any Delay prejudicial to His Majesty's Service."
In the Evening the Governor sent the Secretary to the House with the following verbal Message, in answer to theirs of this day, but meeting two Members who acquainted him that the House were
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adjourned till to-morrow, he was directed by the Governor to deliver it as soon as they met in the morn" :
" Sir :
" The Governor commands me to acquaint the House that he will not enter into any dispute with the House about the Intent or Meaning of the Agents in the Stipulations they made, since he is to be guided by the royal Order, and not by the Intention of the Agents. The Lords of the Committee, when they framed the two articles in their Report, a Copy of which was inserted at large in the Governor's Message of Yesterday, and his late Majesty, when he approved of that Report, most certainly understood the Force of the words they made use of to convey their Ideas; if this is once admitted, the Governor is of opinion that the English Language does not afford words more forcible, clear, and explicit, than are contained in the Articles before mentioned, & consequently, that any Amendments or Additions attempted to be made to them by the House, will rather tend to perplex than explain the Royal Order, which induces him again most earnestly to entreat the House to in- sert the very Terms of the said Order in the Bill."
Then two Members returned to the Governor the Bill entituled " A Supplement to the Act entituled ' An Act for better settling In- testates' Estates, &ca ,'" and delivered an Answer of the Assembly to His Honour's Amendments thereto, wherein they agree to seve- ral of them, and adhere to the Bill with respect to some others, and make a few new ones.
Wednesday, the 21st March.
The Secretary delivered to the House the verbal Message inten- ded to be sent last Night, and also, returned the Bill for Settling Intestates' Estates, &ca., with the Governor's Reply to the Assem- bly's Answer to his Amendments thereto, in which His Honour adheres to some of his Amendments, recedes from others, and agrees to the new ones made by the House.
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Thursday, the 22nd March.
Two Members of Assembly waited on the Governor with the Sup- ply Bill, and the following written Message from the House; and at the same time acquainted him that the House were very incli- nable to make an Adjournment, and desired His Honour would be pleased to appoint a time for passing the Bills, to which His Hon- our made answer that he should be ready for that purpose, in the Council Chamber, to-Morrow at 12 o'clock.
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A Message to the Governor from the Assembly.
" May it please your Honour :
" The House, on a review of the Messages that have passed be- tween your Honour and them, concerning the Money Bill, beg leave to declare that they had the sincerest desire to comply with the requisitions of His Majesty's General, and, therefore, imme- diately, at your Honour's instance, voted the number of Men re- quired, and the sum necessary to raise, cloathe, and pay them, and are sorry they should be obliged to say that the Delays & Difficulties they have met with in compleating a Bill to carry that Vote into Execution, have arisen wholly from the intervening of Proprietary Interest & Instructions, which your Honour, who are "no Stranger to the long Disputes and Differences that unhappily Subsisted for many Years between the two Branches of the Legislature, on Bills of the like Nature," must know were ever the great & Sole Ob- structions to His Majesty's Service in this Province.
" To prevent a revival of those Disputes, the House have, in the Present Bill, complied ful.y, according to the best of their under- standing, with the opinion of the Lords of the Committee, approved by His late Majesty, Respecting our Supply Bill, and, therefore, had the greatest reason to hope that no objection could now arise to its passage.
" But your Honour is pleased to refuse your Assent to the Bill, unless in two of the Six alterations proposed by their Lordships, the very Terms made use of by them in their Report, are inserted in the Bill, alledging that you cannot in duty deviate from them.
" Such a reason for not passing this Bill, appears the more ex- traordinary to us, as the Six articles in that Report are evidently Heads only of proposed Amendments, and do not appear to be ever intended as formed Clauses, the very words of which were to be inserted in our future Supply Bills.
" For instance, one is, ' that the real Estates to be taxed, be de- fined with Precision, So as not to include the unsurveyed waste Lands belonging to the Proprietaries.' Can it be thought that these words ought to make a part of the Bill? Another is, 'That the Governor's consent and approbation be made necessary to every issue & application of the money to be raised by virtue of such Act.' Another, 'That Provincial Commissioners be named to hear and determine Appeals brought on the part of the Inhabitants, as well as of the Proprietaries' Another, 'That the payments by the Tenents to the Proprietaries of their Rents shall be according to the Terms of their respective Grants, as if such Act had never been passed.' All these appeared to us to be merely Heads of Pro- visions to be made in the Bill, and the Provisions are accordingly made, tho' in very different Words, but such as fully and particu- larly express the same meaning. Thus, the last, "That the pay-
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ment by the Tenants to the Proprietaries of their Rents shall be according to the Terms of their respective Grants, as if such Act had never been passed,' is provided for in the Clause that makes the paper Money a legal Tender in all payments whatsoever, by adding these words: 'the Sterling Rents due or to become due to the Proprietaries of this Province only excepted,' which words we con- ceived would effectually answer that purpose. And these Changes your Honour has not disapproved If the 'very Terms' of the Order in Council are so sacred, that they must be made. use of and no other, and your Honour cannot in duty deviate from them. The House are at a loss to account for your agreeing to all those Alterations, and particularly to the latter, without the least Objection."
Their Lordship's words relating to the Points now under Con- sideration, are these :
" That the located uncultivated Lands belonging to the Proprie- taries shall not be assessed higher than the lowest Rate at which any located uncultivated Land shall be assessed," And "That all Lands not granted by the Proprietaries within Borroughs and Towns be deemed located uncultivated Lands, and rated accordingly, and not as Lots."
These Provisions in our Bill are thus expressed, viz: "And be it further enacted and provided nevertheless, That the Located uncultivated Lands belonging to the Proprietaries of this Province shall not by virtue of this Act be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the In- habitants thereof, under the same Circumstances of Situation, Kind and Quality, shall be assessed; and that all Lands not granted by the Proprietaries within Borroughs and Towns be deemed located uncultivated Lands, and Rated accordingly, any thing in this Act to the contrary thereof in any wise notwithstanding."
We thought, may it please your Honour, that We had herein ex- pressed the true Intent of those two Articles, but you have been pleased to let us know that you think otherwise, and that in your Opinion, the Words made use of in those Articles convey a Meaning very different from the Provisions made Respecting these matters in the present Bill. We then by a Message requested your Honour would be pleased to acquaint us what meaning you conceive they do convey. This you have Refused. We have then endeavoured to conjecture from the former Tenure of Proprietory Measures, what sense your Honour might possibly be willing to understand them in, and by another Message, after setting forth that as your Honour and the House differed in their Opinion of the meaning of those Articles, it was very probable the Commissioners and As- sessors of the several Counties who were to execute the Act, might, if the Same Terms only were used, differ likewise in their Opinion, and thence differ in the modes of Taxation. We requested you would be pleased to acquaint us, whether you understood the mean- ing to be " that the best and most valuable of the Proprietarie's
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Lands and Lots should be Taxed no higher than the worst and least valuable of the Lands belonging to the People." This your Honour has been pleased neither to disown or deny, but continue to insist that the words of those Articles are so clear & explicit, that any additions to them will Rather tend to perplex than explain them, and therefore urge us again to put them and no others in the Bill.
" We beg your Honour would be pleased to reflect for a moment How absurd it would be for the two Branches of the Legislature to agree to pass an Act in Terms which both of them have in public Messages declared before hand that they understand very differently, and particularly how extreamly wrong in the Assembly, when the other Branch, the Executive, will not declare what it understands by those Terms, but reserves that till the Law shall come to be executed.
" Under these Circumstances, 'tis impossible for us to use in this Bill the Terms unexplained, which your Honour Insists upon.
" We do, therefore, uanimously adhere to our Bill, and once more 'earnestly Request your Honour would be pleased to pass the same without further delay, as His Majesty's Service and the present deplorable Circumstances of the Frontiers, require its being carried into immediate Execution.
"Signed by order of the House,
" ISAAC NORRIS, Speaker. " March 22nd, 1764."
Friday, 23rd day, A. M.
The Secretary, by the Governor's directions, acquainted the House that His Honour being necessarily engaged in Business this fore- noon, could not conveniently meet the House, in order to pass the Bills, till 5 o'Clock this afternoon, when he should be ready to receive the House for that purpose.
Eodem Die, P. M.
The Governor again sent down the Supply Bill, with a written Message to the Assembly, which follows in these Words, vizt. :
A Message from the Governor to the Assembly.
" Gentlemen :
"In the present Situation of Affairs, when His Majesty's Ser- vice & the defence and Protection of our Frontiers against the
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Indian Incursions the ensuing Summer, require the raising and keeping up a Body of Troops to oppose our Enemies and enable the General to carry on the Offensive Operations he has wisely planned against them, it is not without inexpressible Concern, I find by your last Message, that the Supply Bill must of necessity be re- jected, unless you will yet agree to insert in it the two Clauses of their Lordship's Report, a copy of which I laid before you in my Message of Tuesday last. But I flatter myself, Gentlemen, that when the Subject Matter of the Dispute between Us respect- ing the Bill comes to be fairly stated and understood, none of the ill consequences which may ensue from the failure of it can justly be imputed to me.
" I have already told you that I was not unacquainted with the long and various Contests which were agitated between the legisla- tive Branches here for several Years after the last War, nor to the Evils and Miseries which were entailed on the Frontier Inhabi- tants particularly by them, but I was also firmly persuaded that by the solemn Determination of the King and Council upon these points, all future Assemblies would acquiesce therewith, and that all Controversy about them was at an end ; I could not, therefore, but be much surprized when, on receiving the first Supply Bill which you presented me, I found that it was only in my Opinion contrary to those Articles in the Royal Order which I have Objected against the present Bill, but by subjecting the Money to be struck to the Drafts & Orders of the Assembly only, for defraying what they should please to Certify were contingent Charges of the Current Year, was contrary also to the fourth Article in the said Order, viz *: That the Governor's consent be made necessary in every Issue and Application of the Public Money. The Bill now before me you have, at my instance, been pleased to amend in this last particular, & you contend that you have complied with the Intent and Meaning of the Lords of the Council in the other two Articles with regard to the Taxation of the Proprietary Estate.
"Could I concur with you in this opinion, I should with the greatest joy assent to a Bill which I most ardently wish to forward by every means consistent with my Duty. I know of no other cer- tain Rule of judging of the intentions of another, than by the plain import of the words made use of to convey them, & agreeable to this rule, I am yet persuaded that there needs nothing more than to set the Terms of the report in opposition to the Clause in the Bill relative to the Taxation of the Proprietary located uncultiva- ted Lands and Lots, to demonstrate to every unprejudiced Mind, that they convey a Sense and Meaning diametrically opposite one to the other.
" After having again considered, with the utmost care & attention, the words of the Second Article of the Decree, which are, 'that such Lands shall not be assessed higher than the lowest at which any belonging to the Inhabitants shall be assessed,' it is strange to
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me you can possibly conceive them to be ambiguous, or want Ex- planation. The only construction I can put upon them, or that they can bear without torturing, is, that if five, ten, or fifteen pounds is the lowest at which any such lands of the Inhabitants are assessed, none of the located uncultivated Lands of the Proprietaries shall be assessed higher.
"You, in your Bill and Messages, own that you conceive them in a different light. Under this contrariety of Sentiment, I have repeatedly proposed & requested of you to insert the very Words of these two Articles of the Decree in the Bill, not as you insinuate, because I hold the Terms of the decree Sacred, when, by other Words, you express the Sense & Meaning of the King and Council ; but as it appears to me in this case to be the only expedient left to prevent the loss of this important Bill at a time when perhaps the Lives of many of our Fellow Subjects depend on the success of it.
" The Reason you assign for not coming into this Proposition, lest those who are to execute the law should understand this part of it differently, & vary in their mode of Taxation, will appear to me groundless, so long as I continue my opinion with respect to the Clearness & perspicuity of the Terms used in their Lordships re- port; Besides, you will please to consider, Gentlemen, that the Pro- vincial Commissioners of Appeal, appointed in the Bill, are a stand- ing Board, and will ultimately have the right of controuling the Acts of the Assessors, and of Judging & Settling any Disputes of this kind, and any Supposed triffling inconveniences of this Nature, which I cannot think will ever happen, ought not to be put in Com- petition, either with the Safety and Security of the Province or blood of His Majesty's brave Subjects, which may be Spilt on the Frontiers for want of a Law to provide for their Protection and De- fence. I therefore once more return you the Bill, and most cor- dially entreat you to accede to the measure of inserting in it the very Words of the two Articles before mentioned.
" JOHN PENN.
" March 23rd, 1764."
The several Bills which had received the Governor's assent, hav- ing been engrossed and compared, the Governor, by the Secretary, required the attendance of the House in the Council Chamber, that he might Pass them ; The House accordingly attending, the Speaker presented to the Governor the four following Bills, which His Hon- our enacted into Laws, and signed a Warrant for affixing the Great Seal thereto ; They were afterwards Sealed and deposited in the Roll's Office, viz* :
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