USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 6
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" Whitehall Treasury Chamber, 18th June, 1762.
PRESENT :
" Sir Francis Dashwood,
" Lord North,
" Mr. Oswald.
" Read a Letter from Robt. Wood, Esqr., of Lord Egremont's Office, stating that there is no exact account and regular Return made to Lord Egremont's Office, but that it appears, by General Amherst's Correspondence, that the number of Troops demanded by General Amherst of the Provinces were the same as in 1759, and the Services pretty much the same; General Amherst's corres- pondence being indefinite, and some of the Agents insisting that their Colonies sent more Troops in proportion to the rest, in 1760, than they had done in the Year 1759.
" My Lords direct that General Amherst be wrote to for his cer- tificate, which must be the Rule of this Apportionment, unless the Agents can agree amongst themselves as to the number of Troops, and Times in which they were employed.
" A true Copy.
"J. DYSON."
A certified Copy, in like manner, of the Letter of the Agents to Samuel Martin, Esq"., then one of the Secretaries of the Treasury, dated the 25th June, 1762. 1
LONDON, 25 June, 1762.
"In obedience to the command of the Right Honble the Lords Commiss™s. of His Majesty's Treasury, signified by your circular Letter of the 21st Instant to the Agents of the Colonies of North America, touching the distribution of the 200,000 Pounds granted by Parliament in 1761, as a Compensation to the said Colonies for the Troops raised, clothed, and paid by them respectively, in the Year 1760. We, whose names are underwritten, have mett & considered what has been recommended to us by your said Letter, and as it appears to us that the Services performed by our respec- tive Colonies in the Year 1760, was exactly similar to that of the preceding year, We are humbly desirous that their Lordships may order the appointment of the Money granted for the Year 1760, in the like manner as was done in the Year 1759, and in case, from the return of General Amherst, any inequality should appear in this apportionment, we are willing and contented that out of the Money to be granted for the Year 1761, such inequality be adjusted VOL. IX .- 4.
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MINUTES OF THE
and settled at the good pleasure of their Lordships, to which we readily submit ourselves, and are, with great Regard, Sir,
" Your most Obedient Servants,
" For New York,
R. CHARLES ..
" New Hampshire, JOHN THOMLINSON.
" Connecticut, RD. JACKSON.
" Pensilvania,
5 GEO. AUFRERE.
JOHN BARCLAY.
" New Jersey, AND. DRUMMOND & CO.
" Rhode Island, JOSPH. SHERWOOD.
" Massachusetts, JASPR. MAUDUIT.
"A true Copy. "(). JENKINSON."
Whereupon, it being Observed that the Apportionment made by the Treasury Board to the respective Colonies for the Year 1760, differs materially from that which would have been made under General Amherst's Return, which the Lords' Commissioners of the Treasury, by the extract of their minute above mentioned, consider as the rule of Apportionment, & according to which, therefore, the Agents, by their Stipulation in the above recited Letter, have en- gaged to adjust the inequalities that might arise on their Lordships' issuing, at the request of the said Agents, the Money voted for the Service of 1760, upon the footing of the preceding Year, the Exi- gencies of several Colonies requiring that the Distribution should not be delayed, because if the said Agents had not so agreed, their Lordships would have waited for the said Return, and upon receit of it would thereby have governed their Apportionment.
A Calculation was then presented, read & examined, whereby it appears that on the said Distribution there has been overpaid :
To Connecticut
- £ 3,619 12
Pensilvania
10,947
Making together, -
- 14,566 12
And that the Proportion of the said sum becoming due and paya- ble to the Six other Colonies is thus :
From Connecticut.
Pensilvania.
To Massachusetts Bay,
461 13 6
1396 6 6
Totals. 1858
New Hampshire,
167 4 6
505 18 6
673 3
Rhode Island,
631 12 0
1910 30
2541 15
New York,
1444 7 6
4368 2 6 5812 10
New Jersey,
581 0 0
1757
30 2338 3
Virginia,
333 14 6
1009
6 6 1343
1
3619 12 0
10,947 00 0
14,566 12
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PROVINCIAL COUNCIL.
The Agent for the Colony of Connecticut acknowledged that in consequence of the Stipulation made by the said Letter, the demand founded thereupon from the said Colony, appears to him to be just, and ought to be discharged out of the Money to be issued to that Colony, for the Service of the Year 1761, at the good pleasure of their Lordships of the Treasury, if to. them it shall so seem meet.
The Agents for Pensilvania making the like acknowledgment of the Justice of the said demand made upon them in behalf of the said Colony, represented that they were informed that General Am- herst, in his return for the Year 1761, has not mentioned any Troops as furnished by Pensilvania, and consequently, if that Re- turn governs the ensuing distribution, no part thereof will fall to the share of that Province; that the whole sum which had been issued to them for the Year 1760, was nearly drawn for from Pen- silvania, & thereby they had it not in their power to make good the Stipulation in the said Letter mentioned, but that they had such faith and Confidence in the Honour of the Colony they served, and believed that the engagement of their Agents would be so punctu- ally discharged, that they were ready and willing to come into any reasonable & equitable proposition that may be satisfactory.
Whereupon, it was proposed, and upon deliberate Consideration, unanimously agreed that the Agents of Pensilvania do forthwith represent this matter to their Constituents, praying them that for the Honour of the said Colony, and for supporting the Credit of their Agents, Order might be taken to pay over in America, as soon as may be, to the Treasurers of the respective Colonies above men- tioned, or to other Persons thereunto authorized, the said sum of £10,947 Sterling, in the proportions before stated.
Whereof, all the said Agents are to apprize their respective Con- stituents, transmitting to them a Copy of this minute. In Faith and Testimony of which transaction, the said Agents have hereunto set their hands, in Order to be deposited, if need be, at the Trea- sury Board, and to eight Duplicates of the same, to be transmitted to their respective Constituents.
"JASPR. MANDUIT, " JOHN TOMLINSON, " RD. JACKSON, "HENRY DRUMMOND. "R. CHARLES, " J. BARCLAY, For Serjeant Aufrere Barclay & Self. "JOSEPH SHERWOOD, "RD. JACKSON, For Edwd. Montague, Esq".
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MINUTES OF THE
A Message from the Governor to the Assembly.
" Gentlemen :
" I some time since received from Messrs. Sarjeant, Aufrere, & Barclays, the Agents appointed by this Province to receive the dis- tributive Share of the money granted by Parliament for Services done by the Northern Colonies, the Letter and Inclosure herewith laid before you, in the last of which, it is alledged by the Agents of the other Provinces, and allowed by our own, that out of the Parlia- mentary Grant for the Year one thousand seven hundred and sixty, Pennsylvania hath received the sum of Ten thousand nine hundred and forty-seven Pounds Sterling more than its just Proportion, ac- cording to General Amherst's return of the Troops furnished by the Colonies for that Year, and that consequently, the said Sum ought to be paid over as soon as may be, to the Treasurers, or other Per- sons authorized by the respective Colonies to receive the same, ac- cording to the Proportions in a Calculation made for that purpose, and contained in the body of the said Inclosure.
" If, Gentlemen, on perusing and considering the above men- tioned Papers, you shall find them (as I doubt not you will), to con- tain a true State of the case, according to the General's Return, I am perswaded there will not be occasion of many words to induce you to make immediate Provision for the Repayment, as is desired, of whatever we have received more than we are fairly intitled to, not only for the Satisfaction you will take in doing an Act of Jus- tice to the other Colonies, but for discharging our aforesaid Agents of an Engagement they entered into on our Behalf, and which, it appears, they are very sollicitous to see punctually complied with. I, therefore, earnestly recommend this matter to your serious Con- sideration.
"JAMES HAMILTON.
" September 20th, 1763."
At a Council held at Philada, on Thursday, the 29th September, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esq"., Lieut" Governor, &ca.
Richard Peters, Benjamin Chew, Esq".
A Bill entituled " An Act for striking and emitting the sum of Twenty-five thousand Pounds in Bills of Credit, and giving the same to the King's use, and for providing funds to sink the Bills so to be emitted, by continuing an Excise upon Wine, Rum, Brandy, & other Spirits, and by applying the Neat proceeds of the Stock and Effects now in the hands of the Commissioners for Indian Affairs,"
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PROVINCIAL COUNCIL.
having been sent up to the Governor for his Concurrence, His Hon- our, aftering considering it, and finding it to contain a Clause di- rectly repugnant to the Judgment and Detirmination of His late Majesty in Council, on Points of the same kind, laid the Bill before the Board, with other objections to it, and the following Message to the House, which was read and approved, and the Bill was ordered to be returned to the House with the Message.
-
A Message from the Governor to the Assembly.
" Gentlemen :
" I observe by the Supply Bill sent up for my Concurrence, in- tituled ' An Act for striking and emitting the sum of Twenty-five thousand Pounds, & giving the same to the King's use, &ca.,' That the sum of Twenty-five thousand Pounds in Paper Bills of Credit is directed to be struck and issued in lieu of Money, and that the said Bills are made a legal Tender in discharge of all Debts, Dues, and Demands whatsoever, although, at the same time, every body must be sensible that they are by no means equal to, but fall greatly short of the nominal value at which they are to be emitted. Hence it is that, with real concern, I find myself obliged to differ with you upon this head, and to remind you of certain Transactions before His late Majesty in Council, relative to an affair of precisely the same Niture with that under Consideration.
" You will be pleased, Gentlemen, to remember, that among the several Provisions in the Supply Bill of one thousand seven hun- dred and fifty-nine, to which your Proprietaries objected, one was, that the Bills of Credit to be thereby issued, were made a legal tender for the discharge of all Debts and Contracts whatsoever, at the rates at which they were emitted, by which they conceived themselves liable to great injustice in the payments of their Rents and Quit- rents, and thereupon made application to His Majesty in Council for Redress, And the Lords of the Council having heard, among others, the merits of the abovementioned Clause or Provision, fully canvassed and debated before them by learned Counsel on both sides, were pleased to report to His Majesty their Opinion that the said Act was fundamentally wrong and unjust, and ought to be re- pealed, unless certain Alterations and Amendments by them speci- fied, could be made therein ; Of which Alterations, that which prin- cipally relates to the present Bill, is to the Effect following, to wit : that instead of the Clause which makes paper Bills of Credit, at the rate they are emitted, a legal tender to the Proprietaries for their Rents, which are reserved in Sterling, the Provision should be, that the Payments 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. Upon which report of their Lordships
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MINUTES OF THE
there is little room to doubt but the first mentioned Act would have been repealed at that time, had not your Agents, then in England, interposed, and prevented it by undertaking, by their Agreement, entered in the Books of the Privy Council, that (in case the said Act should not be repealed) the Assembly would amend it according to the Amendments proposed by the Lords of the Committee of Council in their Report of that day. Upon which said Under- taking, on Behalf of the Assembly, His Majesty was graciously pleased so far to rely as to permit the said Act to stand unre- pealed.
" Having thus laid before you the proceedings of our Superiors in case exactly similar to that now before us, I may venture to ap- peal to yourselves whether, after so explicit a Declaration from His Majesty and His Privy Council, it can be reasonably expected of me to act in direct contradiction to their Judgment, and give my Assent to a Measure which, after the most mature Deliberation, they have pronounced to be wrong & unjust ? Not to mention the very great inconveniences that might result to the Province, should I presume, in Contempt of His late Majesty's Decree, to pass this Bill into a Law, since it can scarcely be doubted but that applica- tion would immediately be made for its repeal, in the same manner as was done before, and with the greater Prospect of success for its having been passed in direct opposition to the declared Sentiments of His Majesty and His Ministers; And I leave it to you to judge of the Confusion that would ensue upon the Repeal of any of our Money Laws while the Bills are circulating in the hands of the People.
" I observe also, that, by the Bill now under Consideration, al- though the Indian Trade Commissioners are directed to dispose of the Goods and Effects in their possession, and to pay into the hands of the Provincial Treasurer the amount thereof in Bills of Credit, to the end they may be sunk and destroyed, yet, by a subsequent Clause, it is provided that the Money arising from that Fund is not to be actually sunk, but still to be kept on Foot, if the excise, to- gether with the said Fund, does not produce, in Seven Years, suffi- cient to sink the twenty-five thousand Pounds to be emitted by the Bill, and pay all incidental Charges. You will please to remember, Gentlemen, that the sum of Fourteen thousand Pounds, was, by a late Law, taken out of the Money granted by Parliament, for the purpose of easing the People of the heavy taxes imposed upon them, and lent to the Indian Trade Commissioners, to enable them to carry on that Trade, hoping by that means to cultivate the Friendship of the Indians; But, as, by the unhappy War we are now engaged in with the Indians, all trade with them is at an end, and you your- selves are of Opinion there is no further Occasion for that Fund, I cannot see how you can, consistent with the end for which the Par- liamentary Grant was made, or indeed with Justice to the People, now avoid the sinking that Money, in case of their Taxes. The
55
PROVINCIAL COUNCIL.
Excise, itself, is sufficient to sink the Twenty-five thousand Pounds to be emitted by the present Bill, or, if it was not, you have made Provision for its continuing after the Term of Seven Years, until the said Sum shall be sunk.
"I must, therefore, entreat you, Gentlemen, to reconsider your Bill, and amend it in these particulars, so that I may, consistent with my Duty, be able to give my assent to it, and thereby do my Part for establishing a Fund so absolutely necessary at this Time, to enable us to protect our Frontiers, and to put a stop to the cruel and barbarous Depredations now carrying on by the Savages, against the Persons & Effects of our Inhabitants.
"JAMES HAMILTON.
" September 29th, 1763."
The Governor also laid before the Board a Bill sent up by the House, for his Concurrence, entituled " An Act to continue An Act entituled ' An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, & for raising Money to defray the necessary expence thereof," Which, being read and approved, was returned to, the House, with a Verbal Message that the Governor agreed to it.
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Eodem Die, A. M.
The House again sent up the Supply Bill to the Governor by two Members, with a Verbal Message, that the House did not in- cline to make any Alterations in it, and requested that His Honour would pass it as it now stands.
-
4 o'Clock, P. M.
The Governor again returned by the Secretary, the Supply Bill, with the following Message to the House, viz, :
A Message from the Governor to the Assembly.
" Gentlemen :
"I am extremely concerned to find, by your verbal Message of this day, that you decline amending your Bill for granting Money to the King, in the particulars by me pointed out to you.
"I beg leave before you separate, once more to recommend to your unprejudiced Consideration, the great Mischiefs which may ensue to the Province from your so tenaciously adhering to a mea- sure that has been solemnly adjudged against you by His Majesty in Council.
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MINUTES OF THE
"There has not been wanting, on my part, the most sincere dis- position to perfect this Bill, by enacting it into a Law. But as you have not thought fit to accept of it, on such Terms as my Duty would allow me to pass it, I must endeavour, in case any misfor- tune should follow, to satisfy myself with the reflection, that noth- ing hath been proposed by me, but what hath appeared to me to be founded in Justice and Equity, and hath been so adjudged by the most explicit Declaration of the King and Council, on a Similar Clause in a former Bill of our Legislature.
"JAMES HAMILTON.
"September 29th, 1763."
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Friday the 30th September, 1763, A. M.
The Governor having considered the two following Bills, sent up by the House for his Concurrence, returned them to the House by the Secretary with a verbal Message, that he gave his assent to them, vizt :
" An Act for the erecting a Light Houseat the Mouth of the Bay of Delaware, at or near Cape Henlopen, for placing and fixing Buoys in the said Bay and River Delaware, and for appointing Commissioners to receive, collect & recover certain sums of Money heretofore raised by way of Lottery, and to appropriate the same to the purposes' aforesaid ;" and
" An Act to enable the Commissioners for paving the Streets of the City of Philadelphia, to settle the accounts for the Managers, and to sue for and recover from several Persons such Sums of Money as are now due and unpaid, on Account of the Several Lot- teries set up drawn for paving the Streets of the said City."
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Eodem Die, 5 o'Clock, P. M.
The Governor having again received the Supply Bill by two Members, this forenoon with a verbal Message from the Assembly that they had reconsidered the Bill, but declined making the Amendments proposed by the Governor, and desired he would give his assent to it as it stood;, His Honour not thinking it con- sistent with his duty to pass it without the proposed Alterations, Ordered the Secretary to return the Bill and acquaint the House that he could not recede from the proposals he had made with respect to their amending it ; And at the same time to inform them that he was waiting in the Council Chamber to receive the whole House in order to pass the Bills which had received his assent. The Speaker and the House accordingly attending in the Council Chamber, The Governor enacted the following Bills into Laws, and signed a Warrant for affixing the Great Seal thereto, viz" :
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PROVINCIAL COUNCIL.
1. "An Act to continue an Act entituled 'An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, &ca.'"
2. "An Act for the erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape Henlopen, for placing & fixing Buoys, &ca."
3. "An Act to enable the Commissioners for paving the Streets of the City of Philadelphia, to settle the accounts of the Managers, and to sue for and recover from certain Persons, such Sums of Money as are now due and unpaid on account of the several Lot- teries, &ca."
At a Council held at Philadelphia, on Tuesday, the 4th October, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor, &ca.
Benjamin Shoemaker, Benjamin Chew, EsqT.
Lynford Lardner,
The Governor laid before the Board the Returns of Sheriffs and Coroners for the several Counties, which, being read and Considered, the following persons were appointed, & Commissions were filled up accordingly, viz* :
Philadelphia County,
Joseph Redman, Sheriff. Caleb Cash, Coroner.
Chester Do.
John Fairlamb, Sheriff.
Davis Bevan, Coroner.
Bucks do. John Gregg, Sheriff.
William Buckman, Coroner.
Thomas Duff, Sheriff.
New Castle do.
William Stewart, Coroner.
Daniel Nunez, Jun"., Sheriff.
Sussex do.
John Wattom, Coroner. John Jennings, Sheriff.
Northampton do.
Arthur Lattimore, Coroner.
Kent do.
Daniel Roberson, Sheriff. John Gray; Coroner. John Hay, Sheriff.
Lancaster do.
Mathias Slough, Coroner.
Berks do.
Samuel Weiser, Coroner.
Robert M'Pherson, Sheriff.
York do.
John Adlum, Coroner.
Ezekiel Dunning, Sheriff.
Cumberland do.
Joseph Hunter, Coroner.
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Jacob Weaver, Sheriff.
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At a Council held at Philada-, in the Council Chamber, the 15th October, 1763.
PRESENT :
The Honourable JAMES HAMILTON, Esq"., Lieutenant Gov- ernor, &ca.
William Logan, Benjamin Chew, Esquires.
Lynford Lardner,
Eight Members of the House waited on the Governor last night, with a verbal Message that the representatives were met pursuant to Charter, & had chosen their Speaker, and desired to know when and where they might present him, and the Governor having ap- pointed this day at 12 o'clock, in the Council Chamber, for that purpose, sent the Secretary to acquaint the House that he was ready to receive them with their Speaker. They attended in the Council Chamber accordingly, and presented Isaac Norris, Esqr., as their Speaker, who, being approved, claimed the usual privileges, which His Honour was pleased to say were essential in all the pub- lick Debates, and the House might Depend on his protection there- in ; and then the House withdrew.
The Governor having prepared the following Message, laid the same before the Board, and after being read and approved, the Sec- retary was ordered to carry it to the House as soon as the members were qualified :
A Message from the Governor to the Assembly.
" Gentlemen :
" Observing, by the returns which have been made to me, that your House consists, for the most part, of the same Members that have served in Assembly for several Years past, I cannot but ex- press my Satisfaction, that in the present critical Situation of Af- fairs, the Business to be transacted by me, is with Gentlemen whose long Experience in publick Concerns has rendered them so equal to the Task they have undertaken.
"I am sensible it is very unusual to enter upon Business of weight at your first meeting, that being set apart for, and employed in preparing the House for the better Reception & dispatch of it at some future time; yet, I flatter myself you will readily dispense with a Custom, by no means essential, in favour of the measure I have to recommend to you, which is of as great importance as can come under your Consideration, no less indeed, than the Safety and preservation of the Country.
" You will be pleased, then, to know that within a few days past, I have received well attested Accounts of many barbarous and shock- ing Murders, and other Depredations, having been committed by In- dians on the Inhabitants of Northampton County, in Consequence
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PROVINCIAL COUNCIL.
whereof, great numbers of those who escaped the rage of the Enemy, have already deserted, and are daily deserting their Habitations ; so, that unless some effectual aid can be speedily granted them, to induce them to stand their Ground, it is difficult to say where these desertions will stop, or to how small a distance from the Capitol our Frontier may be reduced.
" The Provincial Commissioners and I, have, in consequence of the Resolve of the Assembly of the 6th of July last, done every thing in our Power for the protection of the Province, pursuant to the Trust reposed in Us ; But as our funds are entirely exhausted, and even a considerable Arrear become due to the Soldiers and others employed by the Government for their pay, which we have it not in our power to discharge, it seems impossible that the Forces now on Foot can be no longer kept together, without a Supply be speedily granted for that purpose.
"I do, therefore, Gentlemen, in the most earnest manner, recommend to your immediate Consideration the distressed State of our unfor- tunate Inhabitants on the Frontiers, who are continually exposed to the Savage cruelty of a merciless Enemy ; and request that you will in your present Session, grant such a Supply as, with God's assistance, may enable us, not only to protect our People, but to take a severe Revenge on our perfidious Foes, by pursuing them into their own Countries, for which purpose there prevails at present a noble ardour among our Frontier people, which in my opinion, ought by all means to be cherished and improved.
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