USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 35
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The Governor laid before the Board three Bills, sent up by the Assembly for his Honour's concurrence, entituled
1. "An Act to prevent the Exportation of Bread and Flour, not Merchantable."
2. "An Act to prevent Inconveniencies arising from delays of Causes after Issue Joined."
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3. " A Supplement to the Act entitled 'an Act for establish- ing Courts of Judicature in this Province ;' " which were Read, and the Consideration of them was deferred till to-morrow.
At a Council held at Philadelphia on Friday 30th Jany., 1767. PRESENT :
The Honourable JOHN PENN, Esq"., Lieutenant Governor, &ca.
Joseph Turner,
Benjamin Chew, Esquires.
Richard Penn,
James Tilghman, S
The Board re-considered the bills laid before them Yesterday, and not coming to any Result thereon, deferred the further considera- tion of them till Monday.
At a Council held at Philadelphia, on Monday 2d February, 1767. 1
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c.
Benjamin Chew,
Richard Penn,
James Tilghman, $ Esquires.
The Board resumed the consideration of the Bill for preventing the Exportation of Bread and Flour, not Merchantable, and the following amendments were made and ordered to be sent down to the House with the Bill.
Amendments to the Bill entituled " An Act to prevent the Ex- portation of Bread and Flour not merchantable :"
" Page 13, last line, after the first Word [the] add the Words [City or].
" Page 19, Lines 4 & 5. Dele the words [Assembly shall appoint another] and insert the words [End of the next sitting of Assem- bly, and no longer, except he shall be re-appointed by Act of General Assembly].
" Page 24, Line 1. Before the Word [County ] add the word [City].
"Page 26, Lines 7 & 8, after the Word [Pounds] dele the Words [the same].
"Same Pa., Line 13, after the Word [by] insert the Words [ac- tion of Debt].
" Pa. 27, Line Penult. Before the word [Township] insert the Words [City or ].
"Pa. 30, Lines 8 & 9. Dele the Words [others are appointed by the Assembly of this Province] and instead thereof insert the
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Words [the end of the next sitting of Assembly, and no longer, except He or they shall be re-appointed by act of General Assembly.
Amendment to the Rider, Line 7, Dele the Word [the] and in- sert the words [act of General].
The Bill for preventing the Inconveniences arising from Delays of Causes after Issue joined, was also reconsidered, and sent to the House with the following Amendments, viz :
Amendments to the Bill entituled " An Act to prevent Incon- veniencies from delays of Causes after Issue Joined."
Page 2, Line 9 .- after the word [Court] add the words [due no- tice having been given thereof in open Court the preceeding Term.]
Same Pa., Line 13 .- after the word [Cause] add the words [and reasonable Terms.]
Then was Read a Bill sent up by the Assembly, entituled "An Act to regulate the Fishery in the River Schuylkill," which was approved and returned to the House without an Amendment.
February the 3d, 1767.
The Assembly returned to the Governor, by a Committee of two Members, the Bill entituled "An Act to prevent the Exportation of Bread and Flour not merchantable," with an answer to the Gov- ernor's amendment, which is as follows, Vizt :
Answer of the House to the Governor's amendments to the Bill entituled " An Act to prevent the exportation of Bread and Flour not merchantable."
Amendment 1st .- The House agree to the Governor's amend- ment.
2 .- The House adhere to the Bill.
3 .- Agreed to by the House.
4 .- Agreed to by the House.
5 .- Agreed to by the House.
6 .- Agreed to by the House.
7 .- The House adhere to the Bill.
8 .- The House adhere to the Rider.
At a Council held at Philadelphia, on Wednesday 4th Feb", 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, . &ca.
Richard Peters, Richard Penn, Esquires.
Benjamin Chew, James Tilghman, S
The Board having considered the Assembly's answer to the Gov- ernor's amendments to the Bread and Flour Bill, the Secretary was
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directed to Return the Bill to the House, and acquaint them that the Governor adhered to his amendments.
The Bill entituled " A Supplement to the Act entituled 'an Act for establishing Courts of Judicature in this Province,"' being again read and taken into consideration, the following amendments were made thereto, and the Bill was ordered to be Returned to the Assembly with the same, viz *:
" Amendments to the Bill entituled " a Supplement to the Act en- tituled ' An Act for establishing Courts of Judicature in this Province.' "'
" Page 3, Line 6, instead of the word [institute] say [erect].
" Sa Pa., lines 7 & 8. Dele the words [first recited Act], and insert the Words [last mentioned Acts ].
"Pages 3 & 4. Dele from the first word [and] in the 12th Line of Page 3 to the word [whereby ] exclusive, in the 3d line of Page 4, and instead thereof insert as follows, viz: [it has been found" impracticable for the Judges of the said Court to give their atten- dance, and to discharge the duties enjoined them on the Days and times limited by the said first Recited Act for holding the said Courts in the Counties of Bucks and Chester.
" Page 5, Line 3d, Dele the words [and uncommon ].
" Pa. 6, Last Line. Dele the word [such].
" Pa, 7, Line 4. After the Word [do] insert as follows, Viz":
" [Provided always, that when, and as often as it shall so hap- pen, that only one of the Justices of the Supream Court can con- veniently go any of the said Circuits, it shall and may be lawfull for such one Justice to Associate with him two Persons of Ability and Integrity in each of the said Counties, to be commissionated for that Purpose by the Lieutenant Governor or Commander-in-Chief for the time being, and, together with the said two Associates, or one of them, to try the said Issues in Fact in the said respective Counties, and to do all and Singular those things which may be re- quisite and necessary for the compleat Execution of Justice therein, as fully and amply as all the Justices of the said Supream Court, or any two of them might or could do, were they Personally Present and Sitting as Justices in the said Courts, which said associates shall be al- lowed and paid by the Commissioners of the respective counties, of their County Stocks, the Sum of Twenty Shillings each, for every day they shall sit in the said Courts 7.
"Page 7, Line 12. After the word [by ] add [ confession Default]. "Pa. 10, Antepenult L. After the Word [the ] insert the Words [City, Borough, or].
"Page 14, Line 2. After the Word [void ] add as follows, viz" : Tand be it further enacted by the Authority aforesaid, that this Act shall continue and be in force for the Term of three Years, and from thence to the end of next sitting of Assembly, and no longer]."
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The Governor then laid before the Board for their Consideration, Three Bills sent up by the Assembly for his Honour's Concurrence, entituled as follows, viz“ :
1. " An Act for the preventing Frauds and abuses in Gold and Silver Wares made and sold in this Province ;" which was read and considered, and ordered to be returned with the following amend- ments, viz“ :
Amendments to the Bill entituled "An Act for the preventing Frauds and abuses in Gold and Silver Wares, &cª."
" Page 12, last Line. Dele the Word [that].
" Pa. 13, penult & last lines. Dele the Words [the Assembly of this Province shall appoint another] and insert the words [another shall be appointed by act of General Assembly of this Province].
"Page 14, Line 5. After the second Word [of ] insert the Words [any City, Borough, or County in].
2. "A Supplement to the Act entituled ' An Act for the advance- ment of Justice and more certain Administration thereof," which "was then read, and one amendment being made thereto, was ordered to be returned to the House with the same, Vizt :
" Page 3, Line 12. Dele the Words [current within this Province, by virtue of the Statute passed in the Sixth Year of Her late Ma- jesty Queen Anne, for ascertaining the Rates of foreign Coins in the Plantations in America ] and instead thereof, insert the Words [passing or in Circulation in this Province ].
3. " An Act to prevent the mischiefs arising from the increase of vagabonds, and other Idle and disorderly Persons, within this Province," which was read, and being approved, was ordered to be returned by the Secretary, with a Verbal Message to the House that the Governor agreed to it.
Thursday the 5th of February, 1767.
The five Bills mentioned in the preceding minutes, were this Morning carried down to the House of Assembly by the Secret .ry, with the amendments, &cª-, according to Order.
Saturday the 7th February, 1767.
MEMORANDUM.
This morning the Assembly sent up to the Governor, by two of the Members, the Circuit and Assay Bills, with the following answer to the Governor's Amendments, viz':
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Answer to the Governor's Amendments to the Bill entituled " A Supplement to the Act entituled ' An Act for establishing Courts of Judicature in this Province.'"
" Page 3, Line 6. The House adhere to the Bill.
" Same Pa., lines 7 & 8. Agreed to by the House.
" Pages 3 & 4. Agreed to by the House.
" Page 5, line 3. Agreed to by the House.
" Page 6, last line. Agreed to by the House.
"Page 7, line 4. The House adhere to the Bill.
" Pa. 10, anti penalt line. Agreed to by the House.
" Pa. 14, Line 2d. The House adbere to the Bill.
" Pa. 7, Line 12. The House agree to this amendment, and pro- pose to insert in the 11th Line, same Page, the Words [appear to be ] instead of the Words [be found].
Answer to the Governor's Amendments to the Bill entituled "An Act for the preventing Frauds and Abuses in Gold and Silver Wares, &ca."
" Page 12, last Line. The House agree to the Governor's amend- ment.
" Page 13, Penalt & last lines. The House adhere to the Bill. *
" Page 14, Line 5. The House agree to the Governor's Amend- ments, with the addition of the words [and for] before the word [any] in the amendment."
The House propose to the Governor's Consideration the following Clause in addition to the Bill, viz1:
"And be it further enacted by the Authority aforesaid, that this Act shall continue and be in force for and during the Space of Four Years, and from thence to the end of the next sitting of Assembly, and no longer."
At a Council held at Philadelphia, on Tuesday 10th Feb., 1767. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters,
James Tilghman,
Benjamin Chew, ? Esquires.
The Board took into consideration the Answers of the Assembly to the proposed amendments of the Circuit and Assay Bills, and the following replies being drawn up, were approved and ordered to be sent down to the House, with the said Bills :
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Reply to the Assembly's Answer to the amendments proposed by the
Governor to the Bill entituled "a Supplement to the Act entituled 'An Act for establishing Courts of Judicature in this Province.'"
" Page 3, Line 6. The Governor withdraws his Amendments.
" Page 7, Line 4. The Governor does not insist on this Amend- ment.
" Same Pa., Line 11. Let the words [appear to be] be inserted instead of the Words [be found], as the House proposes.
" Page 14, Line 2. The Governor adheres to his Amendment.
Reply to the Assembly's Answer to the Governor's Amendments to the Bill entituled "an Act for the preventing Frauds and abuses in Gold and Silver Wares, &c."
" Page 13, Penalt & last lines. The Governor adheres to his amendments.
" Page 14, Line 5. The Governor agrees to the addition of the Words [and for ] before the Word [any ] in his amendment.
The Governor conceives it to be unparliamentary for the House to propose Alterations or Additions to an amended Bill. However, on the present occasion he is willing to wave Forms, and to agree to the Clause propos'd in addition to the Bill.
"Then the Governor laid before the Board two Bills sent up by the Assembly this morning, for his Honour's Concurrence, enti- tuled
1. " An Act to enable the Commissioners thereinafter named, to Settle the Accompts of the Managers, and to sue for and recover from several Persons, their Executors, Administrators, or Assigns, such Sums of money as are now due and unpaid on Account of the Lottery set up and drawn for erecting a House of Worship in the Borough of Lancaster, for the use of the Presbyterian Congregation in and about the said Borough," which was Read, and sent down to the House without an amendment.
2. "An Act to appoint certain Persons therein named Supervi- sors and Directors of the Road and Bridge over Hollander's Creek, leading to the West District of Greenwich Island, and to enable them to lay Such Rates and Assessments from time to time, on all Lands in the Said District accomodated by the Road and Bridge aforesaid, as may be found necessary for supporting, maintaining, and keeping the same in good Repair," which was read and con- sidered, and Ordered to be returned to the House with the follow- ing amendment :
" Page 16, Line 8. Dele the Words [their purpose ] and insert the words [the purposes aforesaid, and no other]."
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Friday, 13th of February, 1767.
The Governor having Read and considered the Bill sent up by the Assembly this morning, entituled "An Act for amending the Act entituled 'a Supplement to the Act entituled An Act for regulating, pitching, paving, and cleansing the Highways, Streets, Lanes, and Allies, and for regulating, making, and amending the Water Courses and common Sewers within the inhabited and settled parts of the City of Philadelphia, and for raising money to defray the ex- pences thereof,'" Ordered the Secretary to return the same to the House without an amendment.
Eodem Die.
Two Members of Assembly again brought up to the Governor the Supplementary Bill for establishing Courts of Judicature in this Province, with a Message from the House, in the following Words, viz' ·:
A Message to the Governor from the Assembly.
" May it please your Honour :
" The House taking again into their consideration your Amend- ments to the Bill entituled 'a Supplement to the Act entituled 'An Act for the establishing Courts of Judicature within this Province,"' with their Answer to those Amendments, and your Reply, are ex- tremely concerned to find, that unless your Honour will think pro- per to Recede from your last proposed amendment, confining the limitation of the Act to three Years only, the good People of this Colony must labour still longer under the most oppressive Delays and Obstructions in obtaining Justice, which are daily increasing.
"This Bill the House offered to your Honour, not only at the repeated and pressing Sollicitations of a great number of the repu- table Freemen of the Province, but from a full Conviction that it is absolutely necessary to a due Administration of Justice, and you cannot, we apprehend, be insensible, that by the Act for establish- ing Courts of Judicature, the Judges of the Supream Court do not hold themselves obliged to Ride the Circuit, into the distant Counties, from whence many Causes are daily Removed, and that the Days for holding the Courts in Philadelphia, and going into Chester and Bucks, are thereby so inconveniently appointed, that it is impracti- cable for them to discharge their Duty, even in those Counties; And you will also be pleased to consider, that Jurors summoned for the Trial of Causes removed from the neighbouring and distant Counties into the Supream Court, refuse to give their attendance, occasioned by the want of a Law to compel them ; whereby Justice
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has been frequently long delayed, and often totally obstructed. Besides, would Jurors give due attendance when Summoned, yet, to oblige them, with the Plaintiffs and Defendant, and their Wit- nesses, to attend from those Counties ; the Trial of their Causes at Philadelphia, is unreasonable, and must continue to be, as it long has been, a Burthen and Expence, which renders it more eligible for Suitors, in many Instances, to give up their Right, than to prose- cute them on grievous Terms.
The Act to which this Bill is intended as a Supplement, is a perpe- tual Law, and such we conceive all Statutes where the due Administra- tion of Justice is concerned ought to be. Justice is the natural Right of every man, and in our mother Country, is confined to the Subject, on Principles the most permanent and durable; and indeed, that Government must be extremely defective, where it is either tempo- rary, precarious, or dependant on the Will and Pleasure of either Branch of the Legislature, and should it happen, as it has more than once, that the Province should be Governed by a President of the Council, who by our Constitution is not Invested with the Powers of Legislation, and the Law should expire, the People must suffer all the mischiefs they now experience, without a Possibility of a Remedy. These Reasons induced the House to make the Supple- mentary Bill also Perpetual, by no means suspecting at the Time, that you could have the least objection thereto, nor are they yet so ' happy as even to guess at the motives to this amendment.
It being therefore the unanimous opinion of the House, that the Bill ought to be perpetual, and that these, with many other Incon- veniences, may attend a temporary Duration of it, they once more earnestly request your Honour would withdraw your Amendment, and pass the Bill, which is so absolutely necessary to the ease and happiness of the Province; that without it, the People must be left in a manner destitute of the means of Justice.
Signed by Order of the House.
JOSEPH GALLOWAY, Speaker.
February 12th, 1767.
At a Council held at Philadelphia, on Monday the 16 February, 1767.
PRESENT :
The Honourable John Penn, Esquire, Lieutenant Governor, &cª
Richard Peters,
Benjamin Chew,
Esquires.
James Tilghman, J
The Assembly's Message of the 12th Instant was Read, and the following Answer thereto having been drawn up, was consid-
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ered and approved by the Board, and ordered to be carried to the House with the Circuit Bill to-morrow, vizt .:
A Message from the Governor to the Assembly.
" Gentlemen :
"As I have long been sensible of the many disadvantages the People of this Province have laboured under, in being obliged, as Suitors, Jury-Men, and Witnesses, to attend the Supream Court in this City from the distant Counties, it gave me Pleasure to find, by the Bill sent up from your House, that you were inclined to relieve them from so great an Evil.
" Heartily disposed, therefore, to concur with you on every Mea- sure which appeared to me conducive to the Ease and Happiness of the People, I took the Bill into consideration, and though, on the perusal of it, I was doubtful whether, as it was framed, it would fully answer the good ends proposed, I was willing that the Utility, or Inexpediency of it, should be proved by Experience, that great Test of human Wisdom; with which view, I proposed to limit the continuance of the Bill to a certain Number of Years, and thence to the end of the next sitting of Assembly, and made the Amendment accordingly.
This amendment is now the only one which retards the Bill, and I am sorry to find by . your Message, that you seem determined to lose a Bill which you yourselves contend is so very useful, un- less I recede from it.
" After what I have said, it will be needless to take notice of such parts of your Message as have a tendency to prove that a Circuit Law is necessary; I shall, therefore, confine myself to your Reasons against the Amendment, which to me are by no means Satisfactory.
" You are pleased to observe 'that the Act to which this is a Supplement is a perpetual Law; & that such all Statutes where the due Administration of Justice is concerned, ought to be.' You cannot certainly mean, Gentlemen, to set up this as an invariable Rule. If you do, a little Reflection and Inquiry will furnish you with many instances, both in the Mother Country and the Colonies, of Temporary Laws, in which the due Administration of Justice hath been concerned. It is not uncommon that Laws framed by the ablest and best Men, and for purposes the most useful, are found defective in the Execution of them; It is, therefore, in my Opinion, neither inconsistant with the Dignity, nor unbecoming the Wisdom of a Legislature, to make trial of such Laws for a Time, that if they should be approved by Practice, they may then be made permanent, as, on the contrary, if they should in any part be found inconvenient or inadequate, better may be framed in their Stead. That Justice is the Right of every Man will not be de-
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nied, but it does not, therefore, follow, that all Laws which regard the mode of administering it, ought to be perpetual.
"The only inconvenience of the Bills being made Temporary, which you have thought proper to point out, is, 'that it may expire when the Province may be governed by a President of the Council, who, by our Constitution, is not invested with the power of Legis- lation, in which case, the People must suffer all the mischiefs they now Experience, without any possibility of a Remedy.' This Ob- jection, if it has any weight, militates equally against all Tempo- rary Laws, and it should seem strange that the discovery was never made before, tho' a great Number of such Laws have been passed since the first Settlement of this Province. However, Gentlemen, as a further Proof of my earnest desire that the People may have a Trial of the Law, I will concur with you even in guarding against this possible mischief, by a Provision in the Bill to extend its dura- tion till there shall be a compleat Legislative power in the Govern- ment, which I conceive will fully obviate this objection.
" Upon the whole, Gentlemen, I am, on the most mature delibera- tion, convinced of the Propriety and expediency of the amendment in Question. If you agree to the Bill as it stands amended, the People will, during the continuance of it at least, be relieved from those oppressive delays and obstructions under which you say they have long laboured in obtaining Justice. Should the Act, at its ex- piration, be found fully to Answer all the good purposes proposed, there can be no Reason to doubt the Renewal of it; and why you should deny the people a temporary Redress of their Grievance, because I cannot for the Reasons I have given, join with you in making the Bill perpetual in the first instance, I must confess, ap- pears to me not a little strange. I hope, therefore, you will take the matter again into your most serious Consideration, and Accede to the Amendment, without which, I can by no means agree to pass the Bill.
" JOHN PENN."
" February the 17th, 1767."
The Governor then laid before the Board a Bill sent up on Saturday last, for his Honour's Concurrence, entituled "An Act to amend the Act entituled 'An Act to prevent the Exportation of Bread and Flour not merchantable,'" which was read, and ordered to be returned to the House without an Amendment.
Wednesday the 13th February, 1767.
MEMORANDUM.
The Governor's Message of Yesterday, with the Circuit Bill, and the Bill for preventing the Exportation of Bread and Flour not Merchantable, were carried into the House this morning.
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At a Council held at Philadelphia, on Thursday 19 Feb", 1767. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c2.
Richard Peters, Benjamin Chew, Esquires.
The Governor laid before the Board four Bills, sent up by the Assembly for his Honour's Concurrence, entituled
1. "An Act for amending the Act entituled 'An Act for the ‘ better employment, Relief, and support of the Poor within the City of Philadelphia, the District of Southwark, the Townships of Pas- syunk, and the Northern Liberties,' " which was Read and con- sidered, and ordered to be returned to the House with the following Amendments, Vizt :
Amendments to the Bill entituled " An Act for amending the Act entituled ' An Act for the better Employment, Relief, and support of the Poor, &ca.'"
" Page 1, line 14, after the word [part] insert the Word [therof].
" Same Page, line 15, Instead of the Word [part] say [the Rest].
" Page 2, line 8, Instead of the word [besides] say [above].
" Page 7, line 2, Instead of [Difficiency] say [Defiency ].
" Same Pa., line 4, Dele the words [the Overseers of the Poor]. " Same Pa., line 7, after the Word [Liberties] insert the words [by the same Persons and under the same Penalties].
" Page 8, Line 5, Instead of [difficiency] say [defiency]. 1
. "Same Pa. & line, after the word [be] insert the words [laid, assessed and ].
" Page 9, line 6, 7, 8, 9, Dele the words [of the managers afore- said, or any Overseers of the Poor of the said City, District, or Township, to apprehend and convey before any].
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