USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 54
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Gave a Belt.
" Brethren the Six Nations :
" You have heard what we have said to the Owendats ; we say the very same to you.
" Your coming to see us after the late misfortune in the loss of the General and the Defeat of that part of the Army that was with him, shews that you still continue our true and hearty Friends, and we take this visit very kindly."
Gave a String.
" Brethren of the Six Nations :
"You that are now here, to wit, Scarrooyady, Cashuwayon, Fro- son, Kahuktodon, Attschechokatha, Kashwughdaniunto, Dyioquario.
" You fought under General Braddock, and behaved with Spirit and Valour during the Engagement ; we should be wanting to our- selves not to make you our hearty acknowledgements for your Fidelity and Assistance. We see you consider yourselves as our Flesh and Blood, and fight for us as if We were of your own kindred. By this Belt we return you our hearty thanks."
Gave a Belt.
The Bill for raising £50,000 for the King's use by a Tax on all
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Estates, Real and personal, within this Province, was returned to the Governor by the House on the fifth instant with the following Message :
A Message to the Governor from the Assembly.
" May it please the Governor :
" The Tax of the proprietary Estate with the Estates of the People of the Province for their common Security in this time of imminent Danger, seems to us so perfectly equitable and just that we are surprized the Governor should propose it as an Amend- ment to our Bill that the Proprietary Estate be in this instance exempted.
" As the occasion urges we are extremely desirous to come as soon as possible to a Conclusion in the business of this sitting, and do, therefore, entreat the Governor would be pleased to acquaint us explicitely whether he is restricted by the Proprietaries from passing the Bill as it stands in that particular, though it were other- wise consistent with his Judgement, since it will not only waste time to endeavour to convince him of its Reasonableness if after all it will not only obtain his Assent.
"Or if it be possible that such Exemption of the Proprietary Estate from its share in the common Expence of securing the whole should appear to the Governor a thing right in itself, We would then request him to favour us with the reasons of his opinion, that we may take them immediately into Consideration; for till this matter is ex- plained and understood we think it needless to consider any other proposed Alterations.
"Signed by Order of the House, " ISAAC NORRIS, Speaker.
The next day the Governor drew up an Answer to it and sent it to the House by the Secretary, which was read and is as follows :
A Message from the Governor to the Assembly. " Gentlemen :
" In answer to your Message of Yesterday you will give me Leave to observe that in the Proprietary Commission appointing me to this Government there is a Proviso that nothing therein contained shall extend or be construed to extend to give me any power to do or consent to any Act whereby the Estate or property of the Pro- prietaries may be hurt or incumbered. And this Proviso being con- tained in the Body of the Commission from which I derive the power of acting as Governor, it is not only the highest Prohibition to me, but any Law that I may pass contrary to that Proviso I im- agine would be Void in itself for want of Power in me to give it a Being.
" But had I not been thus prohibited I should still have thought
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it my Duty to have excepted the Proprietary Estate from the Levies proposed to be made for the following Reasons :
"Ist. For that all Governors, whether hereditary or otherwise, are from the nature of their Office exempt from the payment of Taxes ; on the contrary, Revenues are generally given to them to support the Honour and Dignity of Government, and to enable them to do the Duties of their Station.
" 2. For that this Exemption from Taxes arising from the Nature of Government is enforced by a positive Law in this Province which expressly declares that the proper Estates of the Proprietaries shall not be liable to Rates or Taxes.
"3. For that the Proprietaries by their Governor having con- sented to a Law for vesting in the People the sole choice of the persons to Assess and lay Taxes in the several Counties without reserving to themselves or their Governor any Negative upon such Choice, and this concession being made with an express Proviso that the Proprietary Estates should not be Taxed, it will be very unreasonable to empower such persons by a Law without their pre- vious consent to tax their Estates at Discretion.
"4. For that it is contrary to the constant practice and usage in this and all the Proprietary Governments upon this Continent, so far as I have been informed, to lay any Tax upon the Lands or Estates of the Proprietaries excercising the Government by them- selves or their Lieutenants.
" For these Reasons principally I made the Amendments relating to the Proprietary Estate to your Bill for granting fifty thousand Pounds to the King's use, and I hope, Gentlemen, they will be sufficient to induce you to agree to those Amendments. Were the Proprietaries now upon the spot I know their Love and Affection for this Country to be such that they would do any thing in their power for its preservation and safety, But as they are not here, I have on their behalf proposed to give Lands West of the Allegheny Mountains without any purchase Money and free from the Payment of Quit-Rents for fifteen Years to come, and then not to exceed the common Quit-Rent in this Province. The particular quantity pro- posed as an additional Encouragement for each Officer and Soldier is expressed in a Message to you upon that head.
" ROBERT HUNTER MORRIS. " Philadelphia, August the 6th, 1755."
On the 8th the Bill was again returned by the House with a long Message, which was read in these words :
A Message to the Governor from the Assembly.
" May it please the Governor:
" We have considered the Reasons the Governor has been pleased
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to give in his Message of the sixth Instant for exempting the Pro- prietaries' Estate in the proposed Tax, And as they do not appear to us sufficient, We beg leave to offer him our Sentiments thereon in the following Remarks :
" The Governor finds in his Commission a Proviso 'That nothing therein contained shall impower him to consent to any Act whereby the Estate of the Proprietaries may be hurt or encumbered,' and this he looks upon as the highest Prohibition to him for passing the Bill proposed. But. the intention of the Bill, may it please the Governor, is not hurt or encumber, but to free from Encumberence the Estate of the Proprietaries, which cannot in our opinion have a worse encumberence than the neighbourhood of so mischevious an Enemy, who, as We have been frequently informed by the Gover- nor, have taken actual possession of some part, and lay a claim to a much greater part of their Country. The Estates of the people are all on this side the Mountains, they are as yet neither invaded nor claimed by the French. As Representatives of the people we think it as much our bounden Duty to do nothing that may hurt or en- cumber the Estates of our Constituents as the Governor can pos- sibly think it his Duty with regard to the Proprietary estate, yet we never conceived that giving a part to save the whole, and not only to save it but to render it of double or treble value (which must be the case with the Proprietary Lands), could properly be called hurting or encumbering an Estate. And if the Governor really thought that taxing the Estates of the people on this Occa- sion would be a hurt to them and not a benefit, we imagine he ought in Duty to refuse his Assent to that part of the Bill as well as the other, and for the very same Reason we for our parts think differently, and therefore lay the Tax as chearfully on our own Estates as on those of our Constituents. We know their Loyalty to their King and Love to our Country is equal to ours ; we do not in the least doubt their Approbation of our Conduct, and we would willingly hope the Governor might on such an Occasion as reason- ably expect the same Approbation from the Proprietaries.
" For there is, may it please the Governor, in the same Proviso of the Proprietary Commission an absolute Prohibition to the Gov- ernor " to sett, lett, lease out, grant, demise, or dispose of any Lands, Tenements, &ea-, or to intermeddle or concern himself there- with, or with any part of the Property thereof," yet " he is pleased to say, he knows the Love and Affection of the Proprietaries for their Country to be such that if they were on the spot they would do any thing in their Power for its Preservation and Safety, and, therefore, he on their behalf proposes to give Lands West of the Allegheny Mountains without any purchase Money, and free from the payment of Quit-rents for fifteen Years to come." It cannot but seem strange to us that a tax on part of an Estate for two Years should be thought to hurt it more than giving six or seven
.
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hundred thousand Acres of it away, or that the Governor, notwith- standing so express a Prohibition, should think himself more at Liberty in this case than in the other. If the Proprietaries will approve in the latter case why not in the former? And if the grant of Lands contrary to such Prohibition would be valid, why not the passing of the Bill for a Tax? These are questions that we cannot solve without a more particular Consideration of the proposed Grant of Lands West of the Allegheny Mountains than we should have thought necessary, if it had not been repeatedly mentioned to us by the Governor, apparently with a view to make the Taxing of the Proprietary Estate on this occasion appear less reasonable. We are sorry, therefore, that we are obliged to observe that the proposal is made in such terms as that it may be fully com- plied with and yet nothing in Reality be granted. First, because Lands West of the Allegheny Mountains differ greatly in their Quality, and though some are exceeding good there are many hun- dred thousand Acres that are not worth accepting, and good Land is not so much as mentioned in the Proposal. Secondly, because the best Lands there are not better than Lands of Virginia in the same Neighboorhood, which may be had without purchase Money at two shillings Sterling Quit-Rent, and none to be paid for fifteen Years. But the common Quit-Rent in this Province is Four Shil- lings and two pence sterling; and therefore an Offer even of the best Lands in those parts on that Quit-Rent would be neither more nor less than this: 'That for the Encouragement of such as shall with the Hazard of their Lives recover the proprietaries Country from the Enemy, he will graciously sell them a part of the Lands so recovered at twice the price demanded by his Neighbor,'-An Offer on the Proprietarys Behalf that may indeed be safely made, notwithstanding his Prohibition, and without the least danger of offending him. If the Proprietary to encourage the Settlement of the Western Frontier of his Province, and to form a Barrier for the rest, will bona fide grant good Lands on reasonable Terms we doubt not, but the Assembly will give other equivalent Encourage- ments to the settlers, in Provisions, Carriages, Utensils of Hus- bandry, Cattle, and the like; but the Governor's power to make such Grants in their behalf at present not appearing to us, we must leave that matter to future Consideration.
" We are however clear, that the Governor has full power to pass the Bill in question, any Prohibition were it ever so express from the Proprietaries notwithstanding: First, because no Prohibition of the Proprietaries can lessen or take away from the Lieutenant Governor any power such Lieutenant is vested with by the Royal Charter. Secondly, for that in the Royal Charter, Section IV, the King, for himself, his Heirs, and Successors, hath " granted free,. full and absolute power," (not only to the Proprietary and his Heirs) but to his and their Deputies and Lieutenants for the good and happy Government of the said Country, to ordain, make, and
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enact, and under his and their Seals to publish any Laws whatso- ever for the raising of Money for publick uses, or for any end ap- pertaining unto the publick State, Peace, or Safety of the said Country, according unto their best discretion, by and with the ad- vice, assent, and approbation of the Freemen of the said Country, their Delegates or Deputies; And thirdly, because any prohibition from the Proprietaries restraining the Legislative powers granted by the Royal Charter, is so far from being able to render void a Law made notwithstanding such Prohibition, that the Prohibition . is in itself void and a meer nullity ; This is not only consistent with plain reason, but has been solemnly considered and determined in the former Proprietary's own counsel, his Son and Heir, his faithful Secretary the learned Judge Mompesson, and several others distinguished for their Abilities, being both present and concur- ring, as will we suppose appear on their Minutes, of which we beg leave to give the following extract :
" The Clause in Colonel Evans' Commission, viz": 'saving always to me and my Heirs our final Assent to all such Bills as thou shalt pass into Laws in the sd. Government,' &ca.
"In answer to a message from the Assembly requesting the Coun- cil to give their Opinion in writing under their Hands concerning the saving or exception in the Proprietary William Penn's Com- mission to the present Lieutenant Governor, to wit, whether the said saving is void in itself, And whether those Bills which the present Lieutenant Governor shall think fit to pass into Laws, and cause the said Proprietary's Great Seal to affixed thereunto, can afterwards be vacated or annulled by the said Proprietary without Assent of the Assembly of this Province.
"We of the Council whose names are hereunto subscribed are of Opinion that the said Saving is void in itself, and that those Bills which the present Lieutenant Governor shall think fit to pass into Laws, and cause the said Proprietary's Great Seal to be Affixed thereunto, can afterwards be vacated or annulled by the Proprietary without Assent of the Assembly of this Province.
"WILLIAM PENN, JUNR.,
" ROGER MOPPESSON,
"EDWARD SHIPPEN,
" JOHN GUEST,
" WILLIAM CLARK,
" GRIFFITH OWEN,
"CALEB PUSEY,
"WILLIAM TRENT,
" RICHARD HILL, "JAMES LOGAN.
" Having thus, we hope, effectually removed the Governor's greatest objection to the passing of our Bill, we may be shorter VOL. VI .- 34.
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in our Observations on the four other Reasons he is pleased to give us.
"To the first we shall only say That we do not propose to tax the Proprietary as Governor but as a fellow Subject, a Landholder, and Possessor of an Estate in Pennsylvania ; an Estate that will be more benefited by a proper Application of the Tax than any other Estate in the Province. The Proprietary, may it please the Governor, does not govern us. The Province supports a Lieutenant to do that duty for him by a large Revenue arising from Licenses and other Fees and perquisites ; but if the Proprietary actually governed us, and had a support Allowed him on that Account, we should not there- fore think it less reasonable to Tax him as a Landholder for the security of that Land. The Representatives of the People have also some Support as a part of the Government by the Wages they are allowed for their Service in Assembly; would the Governor think this a good Reason that as owners of Estates they should be exempt from Taxes? Can the Proprietary, as Governor, have, from the Nature of his Office, more of this pretended right of Exemption from Taxes than the king himself? Are not the Tenants of the King's Lands (who by every Land Tax Act of Parliament are to pay the Poundage) impower'd to deduct the same out of their Rent ? And are not the Receivers of his Majesty's Rents obliged under severe Penalties to allow of such Deduction ? But this is not the first Instance of many in which Proprietors and Governors of petty Colonies have assumed to themselves greater Powers, Privileges, Immunities, and Prorogatives than were ever claimed by their Royal Master on the imperial Throne of all his extensive Dominions.
"On the second it may be sufficient to observe that the positive Law of this Province, hinted at by the Governor as exempting the Proprietaries Estates from Taxes is no other than the Law for rais- ing County rates and Levies which are in the same Act appropriated to purposes for which the Proprietaries could not reasonably be charged, such as the payment of Assemblymen's Wages, and of the rewards for killing of Wolves, Crows, Foxes, with other mat- ters more immediately for the People's benefit; it is not as the Governor would insinuate a General Constitutional Law of the Pro- vince, made to enforce a natural right, but is confined to County Affairs, and has no Relation to Provincial Taxes, especially to such as are intended for the benefit and advantage of the Proprietary Es- tate more than of any other Estate in the Province, which will be evident to the Governor on his perusing it with the smallest degree of Attention. 'Tis true it is as the Governor calls it a positive Law so far as it extends ; but to apply it to the present case seems inconsistent with both Equity and Reason. We have likewise a positive Law that the people's Representatives shall dispose of the People' Money, and this seems to us consistent generally with Reasonsand Natural right; but does the Governor think that be-
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cause it is a positive Law it ought to be extended to all Cases in Government ? If so, we humbly conceive he would have proposed some other Amendments to the Bill, and different from those he has thought fit to send us. For we considering the intention of the Grant, have allowed him a share in the disposition of the Fifty thousand Pounds ; and he proposes by his last Amendment to have a Share likewise in the Disposition of the Overplus, if any.
" On the third reason we would only beg leave to ask Whether supposing the Proprietary Estate to be taxed, it would be equitable that he should have a Negative in the choice of the Assessors, since that would give him half the Choice, tho' he were to pay perhaps not a hundreth part of the tax ? In our estimation, and we think we are not mistaken, he may have Friends, Officers, and other Dependents enow' in every County to vote as much in his behalf or more than his share of the Tax can possibly amount to. But if the Proprietary shrinks at the injustice of being Taxed, where he has no choice in the Assessors, with what Face of Justice can he desire and insist on having half the powers of disposing of the money levied, to which he would contribute not a single farthing ? By the words the Governor chuses to express the power of the As- sessors, viz" Taxing the Proprietary's ' Estate at discretion' one would think their power unlimited, and the Proprietary left at their Mercy, but in the Valuation of Estates they are confined by the Bill within certain moderate Bounds, are enjoined and sworn or solemnly Affirmed ' to Assess themselves and all others equally and impartially, and to spare no Persons for favour or affection, nor grieve any for Hatred or ill-will' which we think gives the Proprie- tary as good security for Equity and Justice as any Subject in the King's Dominions.
" As to the Governor's fourth Reason, deduced from the usage in this and the other proprietary Governments, we think usage and custom against Reason and Justice ought to have but little weight. But though it may have been the usage in this Government, and perhaps in others, to exempt the Proprietary Estate from Taxes in Cases where their Estates could not by the Application of such Taxes be any way benefitted, that usage can, as we conceive, have no Relation to the present case, which, as we have shewn, is of a widely different nature; Nor if the Governor's Rules from usage could be allowed, viz., That the Lands or Estates of Proprietaries exercising Government by themselves or their Lieutenants ought to be exempt from Taxes, would it operate in favour of the Estates of Proprie- taries, who not only do not only exercise Government by themselves but would restrain their Lieutenants in the Exercise of the just powers they are vested with by the Royal Charter?
"On the whole, We beg the Governor would again calmly and seriously consider our Bill, to which end we once more send it up to him. We know that without his Assent the Money cannot be raised, nor the good Ends so carnestly desired and expected from
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it be obtained, and we fear his Resolution to refuse it. But we en- treat him to reflect with what reluctance a people, born and bred in Freedom, and accustomed to equitable Laws, must undergo the Weight of this uncommon Tax, and even expose their Persons for the defence of his Estate, who by virtue of his Power only, and without even a Colour of Right, should refuse to bear the least share of the Burthen though to receive so great a benefit ! With what spirit can they exert themselves in his Cause who will not pay the smallest part of their grievous Expences ? How odious must it be to a sensible manly people to find him who ought to be their Father and Protector taking advantage of publick Calamity and Distress, and their Tenderness for their bleeding Country, to force down their Throats Laws of Indisposition, abhorrent to common Justice and common Reason! Why will the Governor make himself the hate- ful Instrument of reducing a free people to the abject State of Vassalage, of depriving us of those Liberties which have given re- putation to our Country throughout the World, and drawn Inhabi- tants from the remotest parts of Europe to enjoy them? Liberties not only granted us of favour but of Right-Liberties which in effect we have bought and paid for, since we have not only peformed the Conditions on which they were granted, but have actually given higher prices for our Lands on their Account, so that the Proprietary Family have been doubly paid for them in the value of the Lands, and in the increase of Rents with increase of people. Let not our Affections be torn in this manner from a Family we have long loved and honoured. Let that novel Doc- trine, hatched by their mistaken friends, that privileges granted to promote the Settlement of a Country are to be abridged when the Settlement is obtained, iniquitious as it is, be detested as it deserves, and banished from all our publick councils ; And let the Harmony so essential to the Welfare of both Governors and Governed be once again restored, since it can never be more necessary to our Affairs than in their present melancholy Situation. We hope the Governor will excuse some Appearance of Warmth in a cause of all others in the World the most interesting, and believe us to be with all possible respect and Duty to the Proprietary Family and to himself, his and their sincere Friends and well Wishers.
" Signed by order of the House. "ISAAC NORRIS, Speaker."
The Governor ordered the Secretary to read the following Letter which he had received this day from the Mayor and Aldermen of the City of Philadelphia :
A Letter to the Governor from the Mayor & Aldermen of the City Philadelphia.
" Honoured Sir :
" We received your order of the 1st Instant in Council requiring
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us to provide Quarters in this City for two Regiments of his Ma- jesty's Forces now marching hither, and an Hospital for the Sick. To which we beg leave to Answer that we know of no law that Authorizes us to make such provisions, and, therefore, have it not in our powers to Obey your Order.
" We are your Honours humble & Obedient Servis.,
"WM. PLUMSTED, Mayor. " TENCH FRANCIS, Record". " ROBT. STRETTELL, "JOHN MIFFLIN.
" August 9th, 1755."
A Petition from the Inhabitants of the Township of Lurgan was read in these words :
" To His Honour ROBERT HUNTER MORRIS, Esqr., Governor and Commander-in-Chief, and over the Province of Pennsylvania, dica.,
" The humble Petition of the Subscribers, Inhabitants of Lurgan Township, in Cumberland County, amicably unite as a Company under the good Care and Command of Mr. Alexander Culbert- son, Sheweth :
" That in as much as we Dwell upon the Frontiers our case at present is Lamentably Dangerous, we being in such imminent Peril of being inhumanly Butchered by our Savage neighbours, whose tender Mercies are Cruelty, and if they should come upon us now we are naked and Defenceless, being in a great Measure destitute of Arms and Ammunition, What would be the Event? And now it is the only kind Providence of God that restrains them; And in these sad and lamentable Circumstances we be- take ourselves to your Honour's compassion as to a kind and careful Father of whose tender concern for us we are well assured.
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