USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 17
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
"1. A Supplement to the Act entitled 'An Act for taking Lands in Execution for the payment of Debts, & for confirming partitions in several Instances heretofore made.' "
"2. An Act for the payment of £10,947 Sterling, in certain Proportions, to the several Colonies in America."
161
PROVINCIAL COUNCIL.
"3. An Act for the relief of Samuel Wallis, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his person ;" and
"4. A Supplement to the Act entituled ' An Act for the better settling Intestate Estates, and for Repealing one other Act of Gen- eral Assembly of this Province, entituled ' An Act for amending the Laws Relating to the Partition & Distribution of Intestates Estates.' "
Saturday, 24th day of March, 1764.
In the Evening two Members of Assembly waited on the Gov- ernor, and delivered him the following Message, acquainting him at the same time that the House intended to adjourn to the four- teenth of May next :
A Message to the Governor from the Assembly.
" May it please your Honour :
" We have considered your Honour's Message of Yesterday af- ternoon, sent down to us with our Supply Bill, & are extremely con- cerned to find, that notwithstanding His Majesty's Service, and the present Situation of our Affairs, which you well describe in the first lines of the Message, do so plainly mark the Utility and Necessity of passing that Bill, yet, it must, you are pleased to say, be re- jected.
" We are sensible that your Honour did make, to a former Bill, the Objection you mention, concerning the incidental Charges, but as the House long since dropt that Bill, & out of Zeal for the Ser- vice, broke through their Rules, & in the same sitting, prepared & presented another Bill free from that Objection, we cannot conceive why it is repeated here, unless to swell in appearance, the number of supposed faults in the present Bill, with which it has nothing to do.
" It obliges us now, however, to explain that matter. The inci- dental Charges of the current Year are well known, and cannot be, as your Honour unkindly says, " everything that the Assembly shall please to certify to be such." The sum they may amount to, is not indeed, so certain, varying a little in different Years, but was al- ways, and must be small, compared to the sum granted in the Bill. The Course relating to them, even since the Order of Council, has been for the Governor to request an Estimate of the particulars, and for the House to give it as near as they could ; and his passing the Bill after receiving such Estimate, was understood, both by him & the House, to be his consent to that Application, and those Is- sues. The Clause was inserted in Compliance with that practice, VOL. IX .- 11.
162
MINUTES OF THE
and your Honour might, and would have had the Estimate as soon as it could be prepared, on the least Intimation ; but, it seems, you were better pleased with the opportunity you supposed it gave you, of making some Charge against us, as contravening the fourth Ar- ticle in the Order of Council, viz": "That the Governor's consent & approbation be made necessary in every Issue and Application of the public Money." It was a matter of so small Consequence that we did not think it worth a word of "Controversy" at such a time, and therefore, in the new Bill, totally dropt the Clause, leaving those incidental Charges to be provided for in some other way we might afterwards agree upon, but your Honour chuses to repeat the Ac- cusation, though now so evidently out of time.
"You are pleased to say, you know of no other certain Rule of judging of the Intentions of another than by the plain import of the Words made use of to convey them. We beg leave to point out another rule, and We think a better. Laws and Ordinances, tho' composed by the Wisest men, in Councils and Parliaments, prac- tised in using the greatest Clearness and Precision, are sometimes found to contain Obscurities & Uncertainties, which those who are to execute them find difficult to clear and settle. It is no Reflec- tion on such Bodies to say this ;- Every thing human is Subject to Imperfection ;- But where the Words are by Construction capable of two opposite Meanings, the one manifestly unjust and unequal, and the other perfectly consistent with Justice and Equity, we con- ceive it a good rule to judge that the intention is with the latter. Respect to the Body forming such Law requires it-Common Can- dor demands it. Now, in the present Case, the Intention of the Lords of the Council in certain Words by them made use of, is to be judged of by your Honour and the Assembly. In order to form a Law agreeable to them, The House, in the Bill, put a. Construc- tion on them conformable to common Justice and Equity. Your Honour was pleased to tell us that the Words have a very different meaning, but for some time refused to say what you conceived that Meaning to be, insisting on our using the very Words, without Ex- planation. It was not till after three Messages, requesting your Honour's judgment of that meaning, and several days spent in our Endeavours, that we have been able to obtain it, and now that we have it, and consider it, do not wonder it should be so long refused. It is at length this, 'That if five, ten, or fifteen Pounds, is the lowest at which any such [i. e. located uncultivated] Lands of the Inhabitants are assessed, none of the located uncultivated Lands of the Proprietaries shall be assessed higher.' Had we been fortunate enough to have used these words in our Bill, we now have reason to believe your Honour would not have referred us back to the verry Terms of the Report, and insisted that any Amendments or additions of ours would rather tend to perplex than explain those Terms. But your Honour must know that many of the located uncultivated Lands belonging to the In-
163
PROVINCIAL COUNCIL.
habitants cannot, from the Nature of them, be, in Justice, assessed higher than five Pounds per hundred Acres, while the best of their Lands must, by the Law, be assessed at Fifteen Pounds; And can your Honour think it just that because the worst and least Valuable of the people's Lands are Rated at five Pounds, the best and most valuable of the Proprietaries' Lands should be assessed no higher, when it is well known they select and locate the best in every new purchase before the people are allowed to take up any. Your Honour will not say this, because it is inconsistent with all our No- tions of common Honesty. The same modesty which so long pre- vented Your Honour's confessing to us your opinion of the meaning of those words in the Order of Council, will prevent your insisting on the meaning as a just one; And for our parts, we dare not put so iniquitous a Construction on their Lordship's words-Respect and Decency forbid it.
"Your Honour tells us that you cannot, 'consistent with your Duty,' pass this Bill. If Duty to the Crown is meant, can your Honour seriously attempt to persuade us that the Crown will be offended with a Proprietary Governor, for giving up an unjust Pro- prietary Claim to partiality in Assessments, in favour of Proprie- taries private Estate, where no point of Government or Prerogative of the Crown, is concerned ? But perhaps your Honour means Duty to the Proprietaries, as your Honoured Father & Uncle; if so, we must allow that Duty well supported and enforced by your own private Interest, for such a partiality in favour of Proprietary Estates, must not only be extremely agreeable to the present Pos- sessors (from our acquaintance with them for some Years past, we speak it), but, if it can be established, will be highly advantageous to their Posterity.
"Your immediate Predecessor, Governor Hamilton, assured a former Assembly that ' nothing was further from his Thoughts, than to desire that the Proprietaries Estate should be exempted from paying a proportionable part of the Supplies for the current Service,' and 'that it was of the Essence of free Governments, that the money raised for public Services should be assessed equally upon all Ranks and Conditions of Men, otherwise the highest In- justice may be committed under the Sanction of Law.' There seems now some Reason to apprehend that these equitable Senti- ments of that Gentleman might possibly have a Share in occasione- ing his removal; and we Shall not wonder if your Honour, from a nearer connection with the Proprietaries, has imbibed others ex- treamly different.
" The Inconvenience we mentioned that might arise from the Assessors of the different Counties, differing in their Opinion of the Meaning of the terms you require in the Bill, your Honour appre- hends will be removed by means of the Provincial Commissioners. of Appeal, which we own we do not see. The Assessors of dif- ferent Counties may not only fall on different modes of Taxation,
164
MINUTES OF THE
as they differently understand those unexplained Terms, but should half the Assessors in one County understand them one Way, and the other half the other, no Tax can be laid, or Money raised, in that County till they agree. The Provincial Commissioners of Appeal, too, being nine, and five of them a Board, three of which can determine, may, being of different Opinions, give different Judgments at different Sittings, as often as three, the Majority of a Board, happen to be taken from those who are of one or the other Opinion ; besides, though the Assessors below should, from a right understanding of the unexplained Words, act rightly, if the Pro- vincial Commissioners, for want of Explanation, understand the Words in a wrong sense, they may, on Appeals, overthrow every right Assessment in the Province. In short, we conceive that much Confusion must arise from the using of Terms in a Law that the Governor & Assembly both declare they understand so differently. We may both be separately clear in our Conceptions of their mean- ing, but our differing so widely in those Conceptions, seems to in- dicate at least some ambiguity or Obscurity in the Terms; and we believe this is the first time that ever the enacting an Obscurity in the Law was insisted upon, in hopes that some who were to exe- cute it, might possibly see more clearly thro' it than the Legislature themselves.
" Your Honour is pleased to profess great Concern for the 'safety and security of the Province, and for the 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 yet refuse to pass this Bill, unless gross partiality in taxing is established by it in favour of the Proprietary Estates.
"You have twice told us 'that you are not unacquainted with the long & various Contests on this Subject, that have been agitated between the Legislative Branches here, nor with the Evils and Mis- eries which were entailed on the Frontier Inhabitants by those Dis- putes.' As you must then know that those Contests arose solely from Proprietary Injustice, you cannot be ignorant to whom all those Evils and Miseries ought to be imputed, And on a little further reflection, will find that you do really ' flatter yourself,' as you well express it, when you imagine that none of the ill Consequences which may ensue from the failure of this Bill, can justly be impu- ted to you. Your Honour has refused to pass at present, and our Affairs lay us under a necessity of making an Adjournment; but we now acquaint you, that the Bill continues to lie ready for your Assent, and that we shall chearfully return on your Summons when- ever, upon more mature Consideration, you shall find yourself will- ing to enact it into a Law. In the meantime, if any ill Conse- quences ensue from the Delay, they will undoubtedly add to that load of Obloquy & Guilt the Proprietary Family is already bur- dened with, & bring their Government (a Government which is always meanly making use of public Distress, to extort something
165
PROVINCIAL COUNCIL.
from the people for its own private Advantage), into (if possible), still greater Contempt.
"For our own parts, we consider the Artifices now using, and the Steps taking to enflame the Minds of unthinking people and excite Tumults against the Assembly, as concerted with a view to awe us into Proprietary Measures. But as these Seats were given us from no Solicitations of ours, and as we have no private Interest to serve by retaining them, nor any pleasure in the Possession of them, we are very willing to quit them whenever our Constituents think pro- per to relieve us, by chusing other Representatives, which our annual Elections give them frequent Opportunities of doing. And for the present Safety of the Persons and Properties of the good People of this Province, since the Governor will not pass the equal Militia Bill we offered him, but upon Terms of great Addition to Proprie- tary power, which we hope and are persuaded no future Assembly will agree to, we must for the present depend on ourselves and our friends, and on such protection as the King's Troops can afford us, which we hope, by the Blessing of God, will be sufficient to defend us till his Majesty shall graciously think fit to take this distracted Province under his immediate Care & Protection.
" Signed by Order of the House,
"ISAAC NORRIS, Speaker.
" March 24th, 1764."
-
New Castle, Monday 26th March, 1764, P. M.
The Governor received a verbal Message from the Assembly, by three Members, that the House had met on the 20 Instant, pursuant to their Adjournment, & had proceeded upon Business agreeable to his Honour's desire, intimated to the House by a Letter to the speaker, and that they desired to know if the Governor had any- thing to lay before them ; To which his. Honour made answer that he had nothing in particular to recommend to them at present, but to go on with the Business they had begun, which he hoped would be in his power to finish to their Satisfaction.
Tuesday, 27th March, 10 o'clock, A. M.
The Governor acquainted the House, by the Secretary, that he proposed to speak to them this forenoon, and desired their attendance for that purpose at his Lodgings at 11 o'Clock. The Speaker and the whole House attending accordingly, the Governor made them a speech, which follows in these words:
A
166
.
MINUTES OF THE
" The Speech of the Honourable JOHN PENN, Esquire, Lieu- tenant Governor of the Counties of Newcastle, Kent, and Sussex upon Delaware, and Province of Pennsylvania, To the General Assembly of the said Counties.
Gentlemen :
"The Honourable Proprietaries having been pleased with His Majestie's Royal Approbation, to appoint me to the Government of the Counties of Newcastle, Kent, and Sussex, on Delaware, I am glad of this opportunity of Meeting in Assembly the Representa- tive Body of a people who have on all Occasions distinguished themselves by their Zeal for the Service of their King & Country, & their regard and affection for the Proprietary Family.
" As I have nothing at present in Charge from the Crown to lay before you, nor from the Proprietaries, but to assure you of their particular Esteem, and that it will give them a sensible pleasure to promote the Welfare and Happiness of the good people of this Government, I shall now only recommend it to you, Gentlemen, to consider of and prepare such Bills as you, from your Experience & Knowledge in publick affairs, judge useful and necessary for your Constituents ; The Harmony and good Understanding, which have so long and happily subsisted between the Legislative Branches here, have principally been owing to a due and constant attention to the civil and Religious Rights of the People, without attempting to invade the Royal prerogative, or trample on the just Rights of Government; While you continue (as I doubt not you will) to act on these wise principles, you may be assured that you cannot be more Ready in asking than I shall be in granting any thing that can tend to the Peace, Security, and Happiness of this Govern- ment.
" March the 27th, 1764."
Tuesday, 27th March, 12 o'Clock, A. M.
The Assembly,-by three Members, sent to the Governor for his perusal and Concurrence, a Bill entituled "An Act for suppressing Idleness, Drunkenness, & other Debaucheries, within this Govern- ment."
Wednesday, 28th March.
Three Members waited on the Governor and acquainted him that · the House had prepared an address, which they intended to present to His Honour, and desired to know when he would be pleased to
167
PROVINCIAL COUNCIL.
receive the same. The Governor answered that he would be ready for that purpose immediately.
The House having accordingly waited on the Governor at His Lodgings, the Speaker delivered an Address to his Honour in the following Words, viz *:
An Address of the Assembly in Answer to the Governor's Speech.
" May it please your Honour :
" We, His Majesty's dutiful and Loyal Subjects, the Represen- tatives of the Freemen of the Government of the Counties of New- Castle, Kent and Sussex, upon Delaware, do, with all imaginable Chearfulness, Return your Honour our most humble Thanks for your Kind & affectionate Speech to this House.
" We beg leave to embrace this first opportunity to congratulate your Honour on your Appointment to, and safe arrival in this Gov- ernment; and to assure your Honour that a Gentleman of your good Character, and one so nearly related to our worthy and hon- ourable Proprietors, being chosen the Successor to our late Gover- nor, Mr. Hamilton, whose mild and just administration had greatly endeared him to the good People we Represent, give us the greatest Pleasure.
"The Assurances our Honourable Proprietors are pleased to give us of their approbation of the Conduct of the Representatives of the People of this Government heretofore, and of their Esteem for and desire to promote the Welfare and happiness of our Con- stituents, afford us a very singular Satisfaction, and must be yery agreeable to them. We hope always to act in such a manner as to merit the continuance of their good Opinion.
"We acknowledge ourselves under the greatest Obligations to your Honour for your promises of a careful and diligent administra- tion for the publick good, which we think ourselves sufficiently se- cured of by your kind Engagements and good disposition; And confess with the greatest joy, that you have assured us of all we can wish, and Recommend to us all we ought to desire, and we doubt not your good Intentions will procure yourself & the people you preside over, the greatest Happiness during your Government.
" Permit us, Sir, in Return, to declare our Steady & constant Resolutions to support equally the Royal Prerogative and the Rights and Liberties of the Subjects, to the utmost of our Power ; to pre- serve that Harmony and good Understanding between the Legisla- tive Branches here, which is so essentially necessary for the Dis- patch of Business, and to make your Administration easy and agreeable.
" Signed by order of the House, "JACOB KOLLOCK, Speaker. " March 27th, 1764."
168
MINUTES OF THE
To which the Governor was pleased to Return the following Answer :
" Gentlemen :
"I am much obliged to you for this Kind and Affectionate Ad- dress. The Resolutions you have taken to support the Prerogative of the Crown, as well as the rights and Liberties of the Subject, will justly Recommend you to His Majesty's Favour, As you may be assured it will give me a particular Satisfaction, at all times, to co- operate with you in promoting the Welfare and prosperity of this Government."
-
Eodem Die, A. M.
The House presented to the Governor for his Concurrence a Bill entituled "An Act appointing new Trustees for the Sale of Lots in the Town of Dover."
-
Thursday, 29th March.
A Bill entituled " An Act for the more easy and speedy re- covery of Legacies," was sent to the Governor for his perusal and concurrence.
-
Friday, 30th March.
The House sent to the Governor, for his Concurrence, three Bills, entituled as follows, viz *:
" An Act appointing new Trustees for the Several General Loan Offices of this Government."
" A Supplement to an Act entituled ' An Act entituled 'An Act for Banking and Draining a quantity of Marsh in the County of New Castle, commonly called Cherry Island Marsh."
" A private Act for the embanking of the Marshes and Cripples on Hangman's Creek, in Appoquinimink Hundred, in New Castle County, &ca."
-
Saturday, 31st March.
The Assembly sent up two Bills for the Governor's Concurrence ; one entituled " A Supplement to the Act entituled ' An Act for the
169
PROVINCIAL COUNCIL.
better regulating of the Supream Court within this Government, & for aiding the discontinuance of the process therein ;" And the other "A Supplementary Act for the Amendment of an Act entituled 'An Act for the better regulation of the Roads in Newcastle County.'"
The Governor, by the Secretary, Returned to the House the Eight several Bills sent up for his Concurrence, which are entituled as follows, with his assent to the first four, and a few Amendments to the four latter, viz":
1. " An Act for Suppressing Idleness, Drunkenness, and other Debaucheries, within this Government."
2. " An Act appointing new Trustees for the sale of Lots in the Town of Dover."
3. "An Act for the more easy and Speedy recovery of Legacies."
4. "An Act appointing new Trustees for the Several General Loan Offices of this Government."
5. "A Supplement to an Act entituled 'An Act for banking and draining a Quantity of Marsh in the County of New Castle, com- monly called Cherry Island Marsh.'"
6. " A private Act for the embanking of the Marshes & Cripples on Hangman's Creek, in Appoquinimink Hundred, in New Castle County."
7. " A Supplement to the Act entituled ' An Act for the better regulation of the Supream Court within this Government, and for aiding the discontinuance of the Process therein ;'" And
8. " A Supplementary Act for the Amendment of an Act inti- tuled ' an Act for the better regulation of the Roads in New Castle County." '
-
Eodem Die, P. M.
Three Members waited on the Governor and acquainted him that the House had acceded to his Amendments to the Four Bills.
The Governor in the Evening required the attendance of the Speaker & the House, in Order to pass the said several Bills. They accordingly attended, & the Speaker presented the Eight Bills before mentioned, which the Governor enacted into Laws, and signed a Warrant for affixing the Great Seal thereto. The Speaker then acquainted the Governor that he was directed by the House to return their Thanks to His Honour for the great dispatch he had given to their Business ; and at the same time delivered him, as a present, Orders on the Trustees of the General Loan Offices, for £200.
170
MINUTES OF THE
At a Council held at Philadelphia, on Wednesday, the 11th April, 1764.
PRESENT:
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters,
William Logan, - EsqTs.
Thomas Cadwalader,
The Governor informed the Board that the Commissioners had made Application to him by the Secretary to take immediate Measures for the removal of the Indians now in the Barracks here, and send them to Sir William Johnson, or elsewhere, for that the maintenance of them here was found to be a very beavy expence to the Province, and that if they are not permitted to go into their own Country, in order to plant Corn and make provision for their future Subsistence before the Season is too far advanced, it would be incumbent on us to support them till next Spring at the public Expence.
His Honour therefore proposed this matter to the Consideration of the Council, and laid before them several Letters which he had received in answer to what he had wrote to Sir William Johnson on this Subject, viz : Sir William Johnson's Letter dated 27 February, 1764; Gov" Coldens of the 25 March last, inclosing Minutes of the Council Board at New York of the same day, and a Letter from General Gage, dated the 9 of March, which last was ordered to be entered on these Minutes, and follows in these Words, viz*
A Letter from General Gage to the Governor. 1
" NEW YORK, March 9th, 1764.
" Sir :
" I take the Liberty to give you my Sentiments about the dispo- sal of the Indians at Philadelphia, whom you had thoughts of send- ing up the country to their own homes; such a measure in Our pre- sent circumstances might prove greatly Prejudicial to our Affairs. The resentment of those Savages must be Strong against us for the miserable Fate of the poor Wretches who were murdered at Lan- caster, and for the attempt made on their own Lives; tho' they have been so kindly treated by the Government of Pennsylvania, it's to be feared that Revenge for the injurys received from the peo- ple will out weigh the Gratitude they owe the Legislature, for the care and protection afforded them, and they might set this affair in such a light before the Six Nations, as would make a change in the present good disposition of those Indians towards us, which at pre- sent is as friendly as we can wish or expect. Those Savages are now in our power ; they are a sort of Hostages for the behaviour of their Nations, and effectually prevented from doing Mischief
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.