USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 37
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"JAMES HAMILTON.
" By his Honour's Command,
" RICHARD PETERS, Secretary. " GOD SAVE THE KING."
The Governor inform'd the Board of his Appointment of Mr. Richard Peters to be Provincial Secretary and Clerk of the Council.
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At a Council held at Philadelphia, Monday 2d January, 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
The Minutes of the preceeding Council were read & approv'd.
The Governor Laid before the Board the Draught of a Speech which he propos'd to make to the Assembly, who by their Adjourn- ment were to meet to- Morrow, which was read & approv'd, & the Council adjourn'd to 12 o'Clock the next Day.
At a Council held at Philadelphia, Tuesday 3d January, 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Benjamin Shoemaker, Esqrs.
Thomas Hopkinson,
William Logan,
The Minutes of the preceeding Council were read and approv'd.
The Governor inform'd the Board that he had received a Message last Night from the Assembly by five of their Members, acquainting him that a Quorum of the House was met according to adjournment, & were ready to receive any thing he had to lay before them, to which he answer'd that he intended to order the attendance of the House in the Council Chamber this Day about Noon ; whereupon the Secretary was order'd to let the House know that the Governor required their attendance in the Council Chamber immediately, & the Speaker & the whole House coming accordingly the Governor spoke as follows :
" Mr. Speaker and Gentlemen of the General Assembly-
" I should have called you together immediately after my Arrival if I had either observ'd or been inform'd His Majesty's Interest or that of the Country required it; but as no Necessity of that kind appear'd, I forbore to give you the trouble of meeting in Assembly before the time Yourselves had appointed for the Dispatch of Pub- lic Business.
" It is with great pleasure I now see you met in your Legislative Capacity, & very gladly embrace the opportunity it affords me
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of signifying to you, by the express Command of the honourable Proprietaries, the great Affection they bear to the Inhabitants of this Province, the earnest desire they have to preserve Peace & Concord among them, & the particular satisfaction they receive by their Welfare & Prosperity; and as I know them to be perfectly sincere in their professions, I have not the least apprehension but they will meet with suitable Returns of Gratitude from You.
" Having been for some time absent, it cannot be presum'd the Condition & Circumstances of the Country are so well known to me as to Gentlemen who have constantly resided on the Spot, & who being the Representative Body of the People are to be suppos'd best acquainted with their real wants & expectations, wherefore I shall for the present decline laying any thing before you on my part; at the same time I very sincerely assure you that whatever Bills you shall judge proper to present for my approbation shall be favourably received and considered with attention, and where they shall appear to be, as I doubt not they will, for the general Utility of the People & not inconsistent with the Duty I owe to His Ma- jesty or the Rights of the honourable Proprietors, they shall be sure to receive my most speedy & hearty concurrence.
" With respect to myself I have little to say. It is now a long time that I have been personally known to most of You, & from thence you are much better able to form a Judgment of my Regards for your Liberties, both Civil & Religious, than by any thing I can say in my own behalf. One Circumstance, however, you will give me leave to take Notice of, as it is in my opinion no unfavourable one to the People you represent, that having myself a considerable Stake in the Province, it is really my Interest as well as inclination to support them in the enjoyment of all their just Rights & Privi- leges, since whenever the time shall come in which I shall cease to be their Governor & return to a private Station, I shall find myself, my Family, & Friends equally affected with every other Person by any injury the Constitution may suffer under my Administration.
"I shall conclude what I have to say at this time with entreating you that all Transactions between us may be carried on with Can- dour & Moderation as the most effectual means of avoiding disagree- able animosities and uniting us in the strict Bands of Friendship & mutual Confidence, so necessary for the public Good. This is what I will endeavour by every method in my Power, and I have no reason to doubt that you, Gentlemen, are now come together with like Sen- I timents & Inclinations.
" JAMES HAMILTON.
" January 3d, 1748-9."
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Thursday, 5th January, 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Joseph Turner,
Thomas Hopkinson, Esqrs.
William Logan,
The Minutes of the precceding Council were read & approv'd.
The Speaker with the House of Representatives waited on the Governor in the Council Chamber, & in answer to His Honour's Speech read the following Address :
" To the Honourable JAMES HAMILTON, Esqr., Lieutenant Governor of the Province of Pennsylvania, & Counties of New Castle, Kent, & Sussex, on Delaware,
" The Address of the Representatives of the Freemen of the said, Province in General Assembly met.
" May it please the Governor :
" We heartily congratulate the Governor on his Accession to the Government of this Province & safe Arrival among us; And we return him our sincere thanks for his favourable Speech at the opening of this Session, and for the Regard he hath been pleas'd to shew us in forbearing to call us together before the time we had appointed for the dispatch of publick Business.
" The great Affection our honourable Proprietaries are pleased to express ' to the Inhabitants of this Province,' their desires ' to pre- serve Peace & Concord among them,' and ' the particular satisfac- tion they receive from their Welfare & Prosperity,' justly merit those grateful Returns which we are perswaded they will ever re- ceive from the Freemen of Pennsylvania.
" Tho' the Governor has been sonietime absent, yet his former long acquaintance & thorough knowledge of the publick Affairs of the Province, joined with his distinguished Abilities, render him a very competent Judge of the Bills which shall be presented to him in order to be past into Laws. Such only We are determined to offer as shall appear to Us to be for the general Utility of the People and consistent with the duty we all owe to the King, as well as with a due Regard to the Rights of the honourable the Pro- prietaries; and we gratefully acknowledge the obligation we are laid under in the assurance the Governor is pleas'd to give us, that such 'shall be sure to receive His most speedy & hearty concur- rence.'
" The Fidelity, Impartiallity, & Justice with which the Governor
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lately acquitted himself in the principal & most honourable Office within this City, as well as on other Occasions, leave Us no room to doubt ' his Regards to our Liberties, both Civil and Religious.' And it merits our particular acknowledgments to the honourable the Proprietors that they have been pleased to confer the Govern- ment on a Gentleman of so considerable an Estate among Us, whose ' Interest' we know it is, and whose 'Inclination' we believe it to - be, to support the People of this Province 'in the enjoyment of all their just Rights & Privileges.'
" We shall chearfully pursue the steps the Governor is pleas'd to point out to Us, of carrying on " with Candour and Moderation all Transactions between us,' & on our part endeavour not only to maintain ' the strict Bands of Friendship & mutual Confidence necessary for the Publick Good,' but to shew the just . Regard We entertain for the Government by making an honourable Provision for its Support.
"Sign'd by order of the House, " JOHN KINSEY, Speaker. " 11th Mon. 4th, 1748-9."
When he had done he delivered the Address into the hands of the Governor, with an Order of Assembly for £600, and the Gov- vernor spoke as follows:
" I heartily thank you for this kind and affectionate Address. The favourable Sentiments you are pleased to entertain of me give me a particular pleasure, as by an harmony between the several parts of the Legislature We shall be the better able to recommend ourselves to His Majesty, give Satisfaction to the Proprietaries, and consult the true Interest of the People.
" The Present You have in so handsome a manner now made me previous to our entering upon Business, is a mark of Confidence which I trust you will find not ill-plac'd, since I think myself by this Confidence laid under the strongest obligations of exercising my best Endeavours for the Service of the Province."
At a Council held at Philadelphia, Monday, 23d of January, 1748.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence, William Till,
Abraham Taylor, Robert Strettell, Esqrs.
Joseph Turner, Thomas Hopkinson,
The Minutes of the preceeding Council were read & approv'd.
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PROVINCIAL COUNCIL.
The Governor laid before the Board a Bill deliver'd to him yes- terday by two Members of the House for his concurrence, Entitled " An Act for the new appointment of Trustees, &ca.," which being read the Board proceeded to compare it with former Acts of As- sembly made on the like occasion, & finding a different mode of expression from some of the former Acts, tho' exactly the same with the last pass'd by Governor Thomas, it was consider'd whether an Amendment shou'd not be offer'd to this Clause, viz .: " Pro- vided always, and it is hereby further enacted, that none of the Per- sons herein before named shall longer continue in the exercise of the said Office than the space of four Years from the time of the commencement of their trust as aforesaid, & from thence until a new Nomination & Appointment of Trustees of the said General Loan Office be made, as in and by the last-mentioned Act of As- sembly is directed ;" and some time being taken up in the Con- sideration thereof, the Council adjourn'd 'till to-morrow morning.
At a Council held at Philadelphia, Tuesday, 24th January, 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
William Till,
Abraham Taylor,
Robert Strettell, Esqrs.
Joseph Turner,
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
The Bill for the new appointment of Trustees was read a second time, & a good deal was said further concerning the dark & per- plex'd manner of expression in the Clause which was the Subject of yesterday's Consultation ; but in as much as it was agreeable to the last Act, & that the present offer of a Bill by the Assembly to renew the Act, & the passing one thereupon, wou'd strengthen the conclusion that the Trustees cou'd not act longer than four years or till the next Session of Assembly immediately succeeding the expiration of that term, it was thought adviseable to pass the Bill in the manner it was presented.
VOL. V .- 24.
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At a Council held at Philadelphia, Thursday, the 26th Jan'y., 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence, William Till,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Thomas Hopkinson,
Esqrs.
Joseph Turner,
The Minutes of the preceeding Council were read & approv'd.
The Governor laid before the Board a Bill deliver'd to him by two Members of the House for his concurrence, Entitled " An Act for amending the Laws relating to the Partition and Distribution of Intestates Estates, & concerning the Probate of Wills ;" which was read for the first time, and it appearing that it differ'd from the Lawsas they now stand, as well as that there were some new Clauses where- by the Estates of the Inhabitants of the Province wou'd be greatly affected, it was agreed to postpone the consideration thereof till the Attorney General shou'd have examin'd it and made his Report thereon,
At a Council held at Philadelphia, Tuesday, 31st of January, 1748.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Samuel Hasell,
William Till,
Abraham Taylor,
Esqrs.
Robert Strettell,
Lawrence Growden,
Joseph Turner,
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
The Governor inform'd the Board that he had received three more Bills from the House ; that one was for an addition of £20,000 to the Money now Current; but as he did not intend to take it at present into his Consideration, he wou'd not lay it before them. The other two were read, viz. : one Act to encourage the killing of Squirrels within this Province, to which two Amendments were made, & the Secretary was order'd to return the Bill with those Amendments; And then the other entitled " An Act for amending the Laws relating to the Poor, & for the better appointment of Over- seers of the Poor within the City of Philadelphia," was likewise read first all at once, and then Paragraph by Paragraph, together with some observations which the Governor on perusal of it had committed to writing; & the Board unanimously thinking that the
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Bill wanted much Amendment, tho' there were some good things in it, they proceeded to make the amendments ; but finding as they went on that the exceptions to the Bill were more numerous than might consist with this method, they were Laid aside, & the Gov- ernor was advis'd to set forth His Sentiments of the Bill in a Mess- age to the House.
At a Council held at Philadelphia, Wednesday 1st February, 1748.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov".
Thomas Lawrence,
Samuel Hasell,
William Till, Abraham Taylor, - Esqrs.
Robert Strettell,
Benjamin Shoemaker,
Lawrence Growden,
Joseph Turner,
Thomas Hopkinson.
The Minutes of the preceding Council were read & approv'd.
The Governor having prepared a Message agreeable to the Senti- ments of the Council yesterday, relating to the Poor Bill, the same was read and approv'd & order'd to be deliver'd.
" Gentlemen :
" I have consider'd with the greatest Attention the Bill entitled ' An Act for amending the Laws relating to the Poor, & for the better appointment of Overseers of the Poor within the City of Philadelphia,' & perceive it contains many new & wise Provisions, tending to the Utility of the Inhabitants of this City & Province, yet as the greatest part of the Bill consists of Clauses revoking Powers given by several former Acts, & establishing New in their Places without assigning any Cause for the alteration, I cannot pass it as it stands.
" It would have been very agreeable to me could I have sent you down the Bill under Amendments, but as a small Trial convinc'd me the parts, in my opinion necessary were so inseparably wove into the repealing Clauses that the Attempt must end in obscurity & a fruitless wasting your Time.
"I wish any method cou'd be fallen upon to preserve the new & truly valuable Provisions in the Bill. To them you may always be assur'd of my hearty concurrence.
" JAMES HAMILTON.
"February 1st, 1748."
While the Council was sitting A Bill entitled " An Act for regu- lating Horse Jockeys" was delivered to the Governor by two Mem- bers, with a Message from the House that the greatest part of the
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Business before them was gone thro', & that the greater dispatch he gave the Bills under his Consideration the more he wou'd oblige the House; to which the Governor was pleas'd to make answer that he wou'd give the several Bills before him all the dispatch possible. The Governor having conferr'd with the Attorney General on the Bill for Amendment of the Laws relating to Intestates Estates, & Communicated to the Board his opinion on the several parts of the Bill, was read a second time, Paragraph by Paragraph, & several Amendments propos'd & settled, & the Secretary was order'd to transcribe them fair & deliver the Bill to the House with the Amendments.
The Horse Jockey Bill was read and agreed to & order'd to be return'd with a Message that the Governor was ready to pass it when it shou'd be presented to him for that purpose.
At a Council held at Philadelphia, Saturday 4th Feb'ry., 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
William Till,
Abraham Taylor,
Robert Strettell, Esqrs.
Lawrence Growden,
Thomas Hopkinson,
The Minutes of the preceeding Council were read and approv'd.
The Governor inform'd the Board that the House had signified to him by two of their Members their Agreement to the Amendments propos'd to the Squirrel Bill, that they had return'd the Poor Act & likewise the Act about Intestates Estates, with a written Mess- age on cach Bill, which were read and are as follows :
" May it please the Governor-
"It gives us some pleasure to find the Governor express himself so much in favour of some parts of the Bill entituled ' An Act for amending the Laws relating to the Poor, &c.,' And we wish, as in his opinion, 'it contains many new Provisions tending to the Utility of the Inhabitants of this City & Province,' the whole had been such as that we might have obtain'd his Assent to it.
" We observe from the Message the Governor was pleas'd to send us in relation to this Bill, that although as it now stands he cannot pass it, yet he is desirous some Method may be fallen upon to pre- serve the new and truly valuable Provisions in the Bill, and in this we heartily concur with him.' The best expedient we know of to answer this good purpose is, to entreat the Governor he will be pleased to reconsider the Bill & point out such parts of it as he dis- likes, to the end we may be able to judge whether, consistently with
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the Trust reposed in us, we can so amend the Bill as to remove the objections against its Passage.
" Sign'd by Order of the House,
"JOHN KINSEY, Speaker.
" February 2nd, 1748."
" May it please the Governor :
" We have taken into Consideration the amendments propos'd to the Bill entituled ' An Act for amending the Law relating to the Partition & Distribution of Intestates Estates, & concerning the Probate of Wills,' & agree to all of them, the last save one excepted, and as to that Amendment we look upon it as bestowing Powers on the Register General and his Deputies, with the Justices they shall think fit to call to their Assistance, which by Law neither can, nor as we conceive ought to be granted to them for the reasons follow- ing :
" First. The Register General and his Deputies in respect to the Probate of Wills, &ca.' have only the same Powers which by the Royal Charter the Proprietor is authorized to grant, and this we think neither is nor can be any other than the Probate of Wills which concern Personal Estates. But the Amendment now propos'd to us gives the like Power in respect of Lands, which is directly repugnant to the Laws of England.
" It it true if the Register General or his Deputies and those they are pleased to call to their Assistance shou'd doubt, the Parties are intitled to a Trial by a Jury. But then they themselves are made absolute Judges of these doubts, and tho' they shou'd direct a Trial to be had by a Jury, yet no Provision is made to oblige them to have any Regard to the Verdict so to be given, but they may, for aught which the Clause proposed contains, give Judgment against the Verdict, without any appeal to be had against their Sentence.
" Secondly. As the Law now stands, we suppose it clear that if the Register General and his Deputies, with their Assistants, exceed their Powers, the Justices of the Supream Court may prohibit them ; and at a time when the Powers of the Register General, his Deputies and Assistants, by the Clause proposed are so much enlarged, we cannot think it proper to take away the Superintend- ence of the Supream Court.
" Thirdly. Because this Clause directs the calling of a special Court to try the Issues directed, & provides no Remedy, were the Justices to commit ever so gross mistakes, either by bringing on any such Trial when the Witnesses of either Party are beyond sea, by admitting Jurors or Witnesses against whom just exceptions are taken. But these or any other mistakes notwithstanding by the Amendment now proposed, the 'Trial shall be had, made, taken,
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perfected, & concluded in the said special Court, any Law, Usage, Custom, Writ or Writs prohibitory notwithstanding.
" In England the Ordinaries, who have the Probate of Wills con- cerning Personal Estates, have not like Power so far as concerns Lands, tho' they are often Men well skill'd in the Civil Law, & proceed by it in Cases not repugnant to the Laws of England; yet · if they mistake, there are Appeals first to the Arches & next to the Delegates, before the Parties are concluded; But by the Provi- sion in this Clause the Sentence is to be final, & no appeal from it, tho' it may happen the Justices called to the Assistance of the Register General or his Deputies are concern'd in Interest, know little of the Common Law, less of the Civil Law, & yet made Judges in the last Resort.
1
"For these Reasons we would willingly hope the Governor, on considering the premises, will recede from the Amendment, & give his Assent to the Bill as it now stands without the Clause proposed.
" Signed by Order of the House. " JOHN KINSEY, Speaker.
" Febry. 2d, 1748."
And further, that the House had acquainted him by two Mem- bers that they were inclinable to close the Sessions to-morrow, & therefore desir'd to know his Result on the Bills depending before him, & at what time he wou'd please to be waited on by the House with the Bills that have or wou'd receive his Assent in order to their being enacted into Laws ; and that he wou'd appoint some Gentlemen of his Council to join a Committee of the House in order to compare the Bills, whereupon he had sent three Messages to the House, one on the Paper Money Act as follows :
" Gentlemen :
" As the Currency of this Province is a Matter of the greatest Consequence to the Inhabitants, it ought previously to the passing an Act to increase the quantity to be well consider'd what Effect such an Addition might have on Trade in general, & the private Estates of particular Persons, in order that we may, as far as in us lies, do equal Justice to all. I hope, therefore, you will not think me unreasonable if I take some time, and the best information I can get, the better to enable me to form a right Judgement of the Bill now before me for making Current Twenty Thousand Pounds in Bills of Credit of this Province to be emitted on Loan. And I the rather hope this delay will not be attended with any consider- able Inconveniences to the People, as there is confessedly a greater Sum of Money now circulating among us than any time heretofore.
"JAMES HAMILTON.
" February 3d, 1748."
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PROVINCIAL COUNCIL.
Another on the Act for Intestates Estates, as follows :
"Gentlemen :
" Upon considering that part of the Bill relating to the distribu- tion of Intestates Estates, &c., which concerns the Probate of Wills, & the Message I receiv'd from you on the Amendments by me pro- pos'd, I find it a Matter of great Importance and attended with some difficulty. As to the other Parts of it I approve of them, & am ready to give my Assent for their being passed into a Law.
" If the Laws relating to the Probate of Wills shall be thought to want Amendment I shall always be ready to take into Considera- tion any Bill that shall be prepar'd for that purpose.
"JAMES HAMILTON .. "February 3d, 1748."
And the third on the Poor Bill, as follows :
" Gentlemen :
" The Bill now before me for amending the Laws relating to the Poor, & for the better appointment of Overseers of the Poor within the City of Philada., being of considerable Length and of great con- sequence to the Publick, the necessary corrections & alterations will require time and deliberation; & as many of you have been long from your Families and are desirous to adjourn, I imagine it will be agreable to you to defer the further Consideration of them to another Session.
"February 4th, 1748."
"JAMES HAMILTON.
Mr. Taylor and Mr. Strettell were desir'd to compare such Bills as were assented to with the engross'd Copies, and on their report- ing that they had done so in conjunction with a Committee of As- sembly, the Governor order'd the attendance of the House in the Council Chamber at 12 o'Clock, in order to pass the Bills into Laws; and the Speaker accordingly attending with the whole House, he presented four Bills, praying the Governor wou'd enact them into Laws; each of which, on the Titles being read, was dis- tinctly pass'd by the Governor, & then sign'd by his Honour & countersign'd by the Secretary, & delivered to a Committee to be- carried to the Recorder's Office in order to be enroll'd. The Titles are as follows viz :
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