USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 3
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" Being required to make known to the Assembly of this Pro- vince, in such Manner as I should judge proper, His Majesty's Sen- timents of their Conduct with regard to His several Requisitions, laid before them the last Year; I have, in Obedience to the Royal Command, made choice of this method to communicate them to you, . and have, at the same time, ordered the said Original Letter to be laid before you.
"JAMES HAMILTON.
".January 29th, 1763."
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PROVINCIAL COUNCIL.
A Bill entituled "An Act for striking the sum of Five thousand Pounds in Tickets and small Bills of Credit, to be exchanged for other Bills of Credit of this Province," which had been presented to the Governor for his Concurrence, was read and considered, and the Governor concurred in Opinion with the Council, that the said Bill ought to be returned to the House, with a Message signifying his dissent thereto.
At a Council held at Philadelphia, on Tuesday the 8th of Feb- ruary, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- ernor. &ca.
Richard Peters, William Logan, Š Esquires.
Benjamin Chew,
The three following Bills having been sent to the Governor for his Concurrence, His Honor laid them before the Board, & they were read and considered, viz* :
" An Act directing the choice of Inspectors, and for holding the General Elections in the Counties of Lancaster, York, Cumber- land, Berks, and Northampton," which was sent to the House with a Verbal Message, that the Governor agreed to it.
"An Act the better to enable the Persons therein named, to hold Land, & to invest them with the Priviledges of Natural born Sub- jects of this Province," which was returned to the House with Amendments, founded on the Petition of Nicholas Weaver, & a Cer- tificate of his taking the Oaths, which were sent with the Bill.
And "An Act for the Relief of Persons whose Apprentices or Servants have inlisted in the late King's or his present Majesty's Service," which was also ordered to be returned to the House, with several Amendments thereto.
At a Council held at Philada on Tuesday the 15th February, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Joseph Turner,
Richard Peters, Esquires,
William Logan,
Benjamin Chew, S
The Governor laid before the Board three Bills that had been presented to him by the Assembly for his Concurrence, vizt; one entituled
VOL. IX .- 2.
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" An Act for the Regulation of Apprentices within this Province ;" which was read and considered, and returned to the House with a few small Amendments.
Another Bill entituled " An Act for regulating the Fines impo- sed upon the Assessors chosen or to be chosen within this Pro- vince ;" which being read and approved, was returned to the House with a Verbal Message, that the Governor agreed to it.
And the other Bill entituled "An Act to limit the continuation of Actions in the Courts of Judicature within this Province ;" which was read & considered, & being disapproved, was returned to the House with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" I have very carefully weighed and considered the Bill intituled ' An Act to limit the continuance of Actions in the Courts of Judi- cature within this Province ;' I would with great pleasure concur with you in any Laws, which in my Judgement had a Tendency to promote the public Good, and the happiness of the People, but I am fully satisfied that this Bill will by no means answer those val- uable Ends; on the Contrary, from the Nature of it, in many Cases it may, and some of necessity must, be subversive of Jus- tice.
" The Judges of every Court of Record have a power to make rules for the expediting & bringing to a speedy Determination all Cases depending before them, which are binding, and have the force of Laws to all Intents and purposes on the Suitors and Gentlemen of the Law, in such Courts,
"In the several Courts of Judicature in England, the rules made by the Judges are different, according to their different Circum- stances & Constitutions, and are varied from time to time, and new ones made, when upon experience they are found to be defective ; If, therefore, any Inconveniences have arisen in the Courts of this Province, from the too long continuance of Actions, I cannot but be of Opinion that it is much safer to leave this Mischief to be redressed by the Courts, who are entrusted with the administration of Justice, in whose hands the Wisdom of our Mother Country hath lodged this power, and who ought to judge of the reasonableness of any Motion to put off a Trial, than to lay them under the ne- cessity of compelling the parties to a Trial at a certain fixed Time, let the Exigency or Circumstances of the Case be what they may ; for which Reason I cannot assent to this Bill.
" JAMES HAMILTON.
" February 15th, 1763."
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PROVINCIAL COUNCIL.
Tuesday the 22nd February, 1763.
MEMORANDUM.
The Assembly having presented to the Governor for His concur- rence the following Bills, entituled
" An Act to enable certain Persons therein named, to erect a , Court House at Easton in the County of Northampton, and to levy a Tax on the Inhabitants of the said County to defray the Ex- pence thereof ;" and
"An Act concerning Horses, Cattle and Sheep, trespassing within this Province."
His Honour returned them to the House by the Secretary, with His Assent to the former & one Amendment to the latter, without any other Objection to it.
Wednesday, the 23rd February, 1763.
The Governor having received no answer from the Assembly to his Message of the 18th January last, sent to the House the fol- lowing Message by the Secretary, viz* :
A Message from the Governor to the Assembly.
" Gentlemen :
" In pursuance of Orders from the Honourable Proprietaries, I moved you by my Message of the Eighteenth of last Month, to pass a Bill for altering and amending the Act passed in this Pro- vince, in the Year one thousand seven hundred and fifty-nine, for granting One hundred thousand Pounds to His Majesty, &ca., so as to make it conformable to the Sentiments of the Lords of the Committee of His late Majesty's most Honourable Privy Council, expressed in their Report of the twenty-eighth of August, one thou- sand seven hundred & sixty, and to the Stipulations entered into on your behalf, by your Agents in England, both which have been long since laid before you.
" But as no Bill hath yet been offered to me for that purpose, & you have not been pleased to return any answer to my Message, I am under the necessity of mentioning this matter again, and of de- siring that you will, in your present Session, acquaint me with your Resolution, whether you will or will not comply with the Engage- ments entered into by your Agents, by passing and offering to the Governor of this Province, 'An Act to amend the aforementioned Act,' according to the Amendments proposed in the Report of the Committee of Council aforesaid, in order that I may transmit the same to the Proprietaries, with all convenient Dispatch.
"JAMES HAMILTON.
" February 23rd, 1763."
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Friday, 25th February, 1763.
The Governor received by two Members a Message from the House of Assembly in the words following, vizt. :
A Message to the Governor from the Assembly.
May it please your Honour.
" We have taken into our most serious Consideration your Mes- sages of the 18th of January, and the 23rd Instant, which we find to be of the same Tenor with your Message of the 28th January, 1761, to which the then Assembly returned an Answer, wherein they say, after the strictest Enquiry, it appeared to them, that the Proprietaries had never received the least injury from the Act for
. granting one hundred thousand pounds to the King's use, passed in the Year 1759 ; and that if it should appear to the House, that any Injustice was offered to the Proprietaries, or if the Governor, in behalf of the Proprietaries, should point out any Injury they might receive in the Execution of the said Act, they did not doubt the Assembly, for the time being, would chearfully and readily offer a Bill to the Governor to do them Justice ; But as no injustice has since ap- peared to us, or been shewn by the Governor, to be done the Pro- prietaries, we are of the same Sentiments with that House, who, on the most careful Enquiry, found ' that there had not been any Injustice done to the Proprietaries, or attempts made to rate or assess any part of their Estates higher than the Estates of like kind, belonging to the Inhabitants, are rated and assessed, but, on the contrary, that they were in many Instances rated below others ;' And as we find, by the returns now before us, from the several Counties, that no Change has been since made in the mode of Taxa- tion, we hope we may refer to our former Message to the Governor on this Head, & more especially as the Acts by which their Estates are taxed, are temporary, & will expire in a few Years, by their own Limitation.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker.
" February 26th, 1763."
At a Council held at Philada., on Monday, the 28th Feby-, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª
Richard Peters,
Benjamin Chew,
William Logan, ? Esquires.
A Bill entituled "An Act for preventing abuses in the Indian Trade, for supplying the Indians, Friends & Allies of Great Britain,
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PROVINCIAL COUNCIL.
with Goods at more easy Rates, & for securing and strengthening the peace and Friendship lately concluded with the Indians inhab- iting the Northern and Western Frontiers of this Province," having been presented to the Governor for his Concurrence, was laid be- fore the Board, read, and duly considered ; and it appearing to con- tain a Clause directly repugnant to the judgment of His Majesty and Council, in points of the same kind, & being also liable to other Objections, it was amended, & the Board were of Opinion that it should be returned to the House with the Amendments, and the following Message which the Governor had prepared for that pur- pose.
A Message from the Governor to the Assembly.
" Gentlemen :
"On' considering the Bill entituled 'An Act for preventing abuses in the Indian Trade, &ca.,' I am necessarily led to remind you that by His late Majesty's Order in Council of the 2nd of Sep- tember, 1760, 'an Act of Assembly of this Province, passed in the Year 1759, for granting to His Majesty the sum of One hundred thousand Pounds,' was adjudged to be fundamentally wrong, and unjust in many Instances, respecting the Taxation of the Proprie- taries' Estate; and that the Engagement entered into by your Agents in England, and signed by them in the Books of the Coun- cil, (by which they undertook that the Assembly would prepare & pass, and offer to the Governor of this Province, an Act to amend the aforementioned Act, according to the Amendments proposed in the Report of the Lords of the Council aforesaid,) was the principal Motive and Inducement which prevailed on His Majesty to suffer that Act to stand unrepealed at that Time.
" And altho' a former Assembly, before whom the said Order of Council was laid, did not incline to carry that Engagement into Execution, & yourselves, in your present Session, notwithstanding my Recommendation, have also declined to comply with it, yet, after so full and explicit a Declaration from the Crown, I say I little expected to find that in any future Bill for the raising of Money, you would have inserted a Clause that prescribes the very same Mode of Taxation which His Majesty in Council had pro- nounced to be fundamentally wrong and unjust, as it appears you have done by the Bill now under Consideration.
" I am very sensible, Gentlemen, that a Law for regulating the Indian Trade, & to prevent those People from being ill used or de- frauded, in their Commerce with us, may be very conducive to His Majesty's Interest, and the Welfare of the Province ; and therefore, I am very well disposed to concur with you in enacting one for that purpose, provided it be so framed that I can, consistent with my Duty, give my Assent to it. But at the same I think it incum- bent on me to acquaint you, that in respect to points of this Nature,
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MINUTES OF THE
the Judgment of the King and Council has, and I trust ever will have, such Weight and Influence with me as to prevent my acting in direct Opposition to it.
"I flatter myself that, on reflection, you will be of Opinion that I could not be justified in departing from the rule of Taxation, which, after mature Deliberation, has received the Approbation & Sanction of so wise and august a Body as that of the Council Board ; and that you will either alter the Bill herewith sent down, so as to make it conformable to the abovementioned Order of Council, or consider of some other less exceptionable means to secure the Money which the Commissioners for the Indian Trade may have occasion to borrow; And that no time may be lost, I have ordered the Secretary to lay before you some Amendments, which appear to me necessary to be made in the other parts of the Bill.
"JAMES HAMILTON.
"February 28th, 1763."
. A Bill entituled " An Act to prevent and remove certain nu- sances in & near the City of Philadelphia," was also laid by the Governor before the Board, read & considered, and several Amend- ments being made thereto, it was ordered to be returned to the House with the same.
A Bill entituled " A Supplement to the Act entituled ' An Act for regulating, pitching, paving, & cleansing the Highways, Streets, Lanes, and Alleys, & for regulating, making, & amending the Water Courses and Common Sewers within the Inhabited and settled parts of the City of Philadelphia, & for raising of money to defray the Expence thereof,'" being presented to the Governor for his Concur- rence, was read and considered, & ordered to be returned to the House with some Amendments.
The four following Bills having been presented to the Governor by the Assembly for his Concurrence, were also laid before the Board, read, and approved, and the Secretary was directed to carry them down to the House, with a verbal Message that the Governor as- sented to them, viz',:
" An Act for erecting a House of Correction in the County of Lancaster."
" A supplement to the Act entituled ' An Act for opening and better amending & keeping in repair the publick Roads & Highways within this Province.'"
" An Act for altering and enlarging the time of holding the Courts of the General Quarter Sessions of the peace & Gaol delivery, in the County of Bucks, & for enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Gaol Delivery in the County of Chester."
" An Act to continue an Act entituled ' An Act for regulating Waggoners, Carters, Draymen, & Porters, within the City of Phi- ladelphia, & for other purposes therein mentioned.'"
23
PROVINCIAL COUNCIL.
Thursday, the 3rd March, 1763.
MEMORANDUM.
The Assembly having requested the Governor, by a Verbal Mes- sage, that he would appoint two members of Council to compare the Bills which had received his assent, with the engrossed Copies, His Honour named Richard Peters and Thomas Cadwallader, Esq"., for that purpose, who, with two members of the House, examined and compared the same in the Afternoon, and His Honour appointed to-Morrow at 12 o'Clock, for the attendance of the House, in order to enact them into Laws.
Friday, 4th March, 1763.
The Governor, by His Secretary, acquainted the Assembly that he required the attendance of Mr. Speaker, & the Gentlemen of As- sembly, in the Council Chamber, to pass the Bills to which he had given his Assent. Accordingly, the Speaker, and the whole House, attended in the Council Chamber, where his Honour enacted fifteen. Bills into Laws, and signed a Warrant for affixing the Great Seal thereto.
The Titles of the several Laws passed are as follow, vizt .:
1. "An Act to continue an Act entituled ' An Act for regulating Waggoners, Carters, Draymen, and Porters, within the City of Phi- ladelphia, &ca."
2. " An Act for erecting a House of Correction in the County of Lancaster."
3. " An Act for altering and enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Gaol Delivery, in the County of Bucks, & for enlarging the time of holding the Courts of General Quarter Sessions of the Peace and Goal Delivery, in the County of Chester."
4. " A Supplement to the Act entituled ' An Act for opening and better amending and keeping in repair the Publick Roads and High- ways within this Province.' "
5. " An Act directing the choice of Inspectors, & for holding the general Elections in the Counties of Lancaster, York, Cumberland, Berks, and Northampton."
6. " An Act concerning Horses, Cattle, & Sheep, trespassing with- in this Province."
7. " An Act to prevent and remove certain Nusances in & near the City of Philada "'
8. " An Act to enable certain persons therein named to Erect a Court House at Easton, in the County of Northampton, & to levy a Tax on the Inhabitants of the said County to defray the Expence thereof."
9. " An Act for the regulation of Apprentices within this Pro- vince."
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MINUTES OF THE
10. " An Act the better to enable the Persons therein named to · hold Lands, & to invest them with the Privileges of natural born Subjects of this Province."
11. "An Act for the relief of Persons whose Apprentices or Ser- vants have inlisted in the late King's or His present Majesty's Ser- vice."
12. " An Act for regulating the Fines imposed upon the Asses- sors chosen, or to be chosen, within this Province."
13. " An Act for enlarging & extending the Southern District of Darby Marsh or Meadow Ground."
14. " A Supplement to an Act entituled ' An Act to enable the Owners & possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the Counties of Philadelphia & Ches- ter, to keep the Banks, Sluices, and Floodgates in repair, and to raise a Fund to defray the Expence thereof."
15. " A Supplement to the Act entituled ' An Act for the regu- lating, pitching, paving, & Cleansing the Highways, Streets, Lanes, and Alleys, & for regulating, making, and amending the Water Courses and Common Sewers within the Inhabited and Settled parts of the City of Philadelphia, & for raising of Money to defray the Expence thereof.' ".
The Speaker then acquainted the Governor that some further Bu- siness having come before the House this Morning, they intended to make a short Adjournment to the 28 of this Instant, March, in- stead of that to the 12th September, which they had Yesterday pro- posed. And His Honour having no objection thereto, the House made their Adjournment accordingly.
At a Council held at Philada-, on Saturday, the 2nd April, 1763. PRESENT.
The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- ernor, &ca.
Richard Peters,
Benjamin Chew,
William Logan, Esq™
The Assembly, having met on the 28th March last, pursuant to Adjournment, sent up to the Governour for his Concurrence the two following Bills, intituled ' An Act for preventing abuses in the Indian Trade, & for securing & strengthening the Peace & friend- ship lately concluded with the Indians inhabiting the Northern and Western Frontiers of this Province ;" And,
" An Act for the better regulating the Keepers of Inns, Taverns, and other Houses of Entertainment, and more effectually to pre- vent the keeping Publick Houses without Licence, & to suppress Immorality within this Province;" which Bills being read and con- sidered, the former was.returned by the Secretary with one Amend-
25
PROVINCIAL COUNCIL.
ment, & the latter, with the following Message to the House, re- fusing the Governor's Assent.
A Message from the Governor to the Assembly.
"Gentlemen :
" Being well assured that the Laws relative to the keeping of Publick Houses within this Province, are fully sufficient to answer the Purposes of preserving good Order and Regularity in them ; and that were the Justices made acquainted, from time to time, with any Transgression of the said Laws, they would readily use their Authority to enforce the Execution of them, and punish the Offenders. I cannot think the Provisions in the Bill intituled 'An Act for the better regulating Inns, Taverns,' &ca., sent up for my Concurrence, to be at all necessary, & therefore cannot give my assent to the said Bill.
" April 2nd, 1763."
" JAMES HAMILTON.
EODEM DIE, P. M.
The Governor, having appointed this afternoon for the passing of the Indian Trade Bill, sent a Verbal Message to the House by the Secretary, that he waited in the Council Chamber for that purpose, & required the attendance of the House. The Speaker and the whole House attended, accordingly, and presented to the Governor the Bill entituled "An Act for preventing abuses in the Indian Trade, and for securing and strengthening the Peace and Friend- ship lately concluded with the Indians inhabiting the Northern and Western Frontiers of this Province," which His Honour enacted into a Law, and signed a Warrant for. affixing the Great Seal thereto.
The House afterwards adjourned to Monday, the 12th day of September next.
At a Council held at Philadelphia, on Wednesday, 1st June, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Benjamin Shoemaker,
William Logan, Esq's.
Richard Peters,
Thomas Cadwalader, S
The following petition of Blas Antonio Hernandez Factor, on Board the Ship Constanza, Commanded by Don Francisco Ar-
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MINUTES OF THE
1
maolea, from the Havanna, was this day presented to the Governor, with the Captain's protest that the said Ship had Sprung a Leaque at Sea, which obliged her to put into the Port of Philada. His Honour, in pursuance thereof, sent for the Naval Officer and Col- lector, & on finding the several matters set forth in the said Peti- tion & Protest to be reasonable and just, Agreed that the said Ship should be permitted to unlade in this Port, under the inspection of the Custom House Officers, who had already put Waiters on Board her, and ordered that her Cargo should be deposited in a Store until the Ship be repaired and made fit for the prosecution of her Voyage, and that one Key of the same be kept by the Col- lector, and another by the Naval Officer.
" To the Honourable JAMES HAMILTON, Esquire, Lieuten- ant Governor and Commander-in-Chief of the Province of Pennsyvania, and Counties of New Castle, Kent, and Sussex, on Delaware.
1 " The humble Petition of Blas Hernandez, Merchant, Owner or Fac- tor on board the Ship called the Constanza, otherwise St. Antonia de padua, from the, Havanna, & whereof Don Francisco Ar- maolia is Mastr .:
"Sheweth :
"That, on or about the twenty-eighth day of April now last past, Your Petitioners sailed in and with the said Ship from the Ha- vanna aforesaid, having a Cargo of sundry Merchandize on board, bound on a Voyage to the Port of Cadiz, in Old Spain ; That in prosecution of such Voyage, in the Latitude of Thirty degrees three Minutes North, and Longitude of about Two hundred ninety-seven degrees fifty-two Minutes East from the Meridian of Teneriffe, the said Ship sprung a Leak, at which she made so much Water as to be incapable of proceeding the said Voyage, & obliged them to put into this Portof Philadelphia (being the nearest) to refit; the par- ticulars of all which, appears by the said Master's and Mariner's protest, regularly made at New Castle, & herewith laid before your Honour; Your Petitioner, therefore, prays your Honour to permit him to unlade the said Ship, in order to examine, repair, and make her fit to prosecute the said Voyage, and afford him such other Re- lief in the Premisses, as shall be necessary for the purposes afore- said. And your petitioner will ever pray, &ca.
" BLAS ANTONIO HERNANDEZ. "Philada, 1st June, 1763."
The Gov". appointed Mr. John Gibson, Mercht-, to transact all the necessary Business relating to the said Ship and Cargo, as Factor or Agent for the owner, during her continuance in this Port.
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PROVINCIAL COUNCIL
The 2d June, 1763.
MEMORANDUM.
The Governor having received fresh Complaints from the Indians at Wyoming, that the Connecticut Tresspassers were still obsti- nately prosecuting their Settlement on the Lands there & at Cushictunk, thought proper this day to issue a third Proclamation, requiring those Intruders forthwith to remove from the said Lands. His Honour likewise, the better to enforce his Proclamation, by a special Commission, appointed James Burd & Thomas McKee, Esqrs., Justices of the Peace, and gave them written Instructions to proceed to Wyoming, and, having convened the people, settled there publickly to read the Proclamation, and to use their utmost En- deavours, by Expostulations & Arguments, to prevail on them to relinquish their Scheme of settling the Lands there, and to depart peaceably without Delay; otherwise to cause some of the Principals to be apprehended and carried to the Goal at Lancaster.
" By the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor & Commander-in- Chief of the Province of Pennsyl- vania, and Counties of Newcastle, Kent, and Sussex, upon Dela- ware.
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