USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 38
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The Council were going into a long Answer, but the Governor
* A very convenient Guard house was before provided at the Expence of the Province.
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declared he would have no Altercation, and wrote the following Message, which was sent to the Assembly :
A Message from the Governor to the Assembly.
" Gentlemen :
"The King's Troops must be quartered. With respect to the Insufficiency of the late Act, I refer you to my Message of the Eighth Instant, delivered immediately before the passing of it; and I see no Reason from any Thing that has occurred since to alter my Opinion.
" WILLIAM DENNY.
" December 18, 1756."
At a Council held at Philadelphia on Monday the 20th De- cember, 1756.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettle,
Benjamin Shoemaker, r Esquires.
Richard Peters,
Benjamin Chew,
John Mifflin,
1
The Minutes of the preceding Council were read and approved.
The Assembly, after receiving the Governor's short Message of Saturday, sat all the afternoon without adjourning to Monday, which was the first Time they have done so, let the Exigency have been never so great, and met again yesterday, tho' Sunday, and sent Two of their Members to the Governor, when the Streets were full of People going to their respective Places of Worship, with a Message, which was read in these Words :
A Message to the Governor from the Assembly.
"May it please your Honour :
" To prevent, if possible, any Misunderstanding between your Honour and this House, we beg Leave to recapitulate what has passed on the article of Quarters, during the present Session.
" On the 19th of October last, your Honour was pleased to com- municate to us a letter from Lord Loudoun to yourself, dated Sep- tember 22d, 1756, in which Quarters, and the Necessaries allowed in Quarters by act of Parliament, were demanded of this Province. The Building of Barracks came first under our Consideration, but if the House had been disposed to build them, the Season was too far advanced, and the Dimensions could not be judged of, as the Number of Forces to be quartered here was not expressed.
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PROVINCIAL COUNCIL.
" The House then endeavoured to procure the last Act of Par- liament that was made for the Quartering of Soldiers in England, to be their Guide in making the necessary Provisions here ; your Honour was applied to for a Sight of that Act, which you were so kind as to promise to procure for us, but some time passed before we obtained it.
" On the 24th of November, your Honour was pleased to lay before us another Letter from Lord Loudoun, dated October 28, 1756, in which the Demand for Quarters was repeated, and one Battallion of the Royal Americans was mentioned to be provided for in Philadelphia, but the Number of which that Battallion should consist was not mentioned. His Lordship is not particular as to Quartering, or the Necessaries to be furnished in Quarters, as he is pleased to say, 'he is writing to one who is so thoroughly acquainted with the Quartering in England in Time of Peace, and what Things are furnished in Quarters for the Officers and Soldiers, and how much further Quartering extends in Time of War, and even must do so from the Nature of Things.'
" Your Honour has never been explicit on these Points with the Assembly. We know nothing of them but what is to be learnt from the Act of Parliament You were so good as to furnish us with. We presented to your Honour a Bill so exactly conformable to that Act that it brings over the very Clauses by which Troops are quar- tered in England. After this Bill had lain four Days in your Honour's Hands, the House hearing the Soldiers were expected in Town the next Day, sent up to know your Result upon it. You were then pleased, in a Message, to object to the Preamble of one of those Clauses; we immediately agreed to strike it out, and had no Reason to expect any further Objections.
" However, before the Bill passed, and after the Amendment was agreed to, your Honour did indeed send us down the following written Message, viz *:
"' Gentlemen :
"'Since your Message of yesterday Evening, I am well informed from the strictest Enquiry, that the Quarters demanded by my Lord Loudoun for the Officers and Soldiers that are every Moment expected here, cannot be had in the Publick houses in this City. The Bill now before me, therefore, being insufficient to answer the End proposed by it, and the great Inconveniences that may arise if proper Quarters are not provided for the Reception of His Majesty's Troops being evident, I must, in the warmest Terms, recommend it to You to make immediate Provision for that Service.
"' WILLIAM DENNY.
" 'December 8, 1756.'
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" With the above written Message, your Honour was pleased farther to send us a verbal One in these Words, viz. : " Sir :
"'The Governor commands me to acquaint the House, that if they do not think proper to make any further Provision than what is expressed in the Bill, the Governor agrees to the Alteration, and is ready to pass it as it now stands.'
" As the House had been informed that the Number for which Quarters were demanded did not exceed 600 Men, Officers included, and were of Opinion that the Publick houses of Philadelphia were sufficient to provide Quarters for that Number, they acquainted your Honour with their Sentiments in the following respectful Message :
"'May it please your Honour :
""'On examining the Lists of recommended and Licenced Publick houses, we find there are no less than One Hundred and Seventeen in this City only, exclusive of the Suburbs. We hope, therefore, your Honor will be of Opinion with us, that the Number of Soldiers for which Quarters are required, may very well be disposed of among them in the Manner directed by the Act of Parliament now to be extended hither, especially as it is not necessary the Soldiers should all be lodged in the Publick Houses, but those who keep such Houses may provide Lodging for the Men in other Houses, if they find it more convenient so to do.
"'Signed by order of the House.
"'ISAAC NORRIS, Speaker. "' December 8, 1756.'"
" Your Honour made no Reply to this Message, but passed the Bill the same Day, and, therefore, we had Reason to believe You were satisfied with it.
" The Bill passed on the Eight Instant. On the Thirteenth the Mayor and Aldermen of Philadelphia presented to the House the following Remonstrance, and withal laid before us the annexed Paper, expressing the Number for which quarters were demanded :
"' To the Honourable, the Representatives of the Freemen of the Province of Pennsylvania, now sitting in Assembly.
"' The Remonstrance of the Mayor, Recorder, and Aldermen of the City of Philadelphia, sheweth :
" That your Remonstrants have prepared Billets on the Publick Houses of this City according to the Directions of a late act in such Case made and provided for such of His Majesty's Forces as Lord Loudoun hath been pleased to order in Winter Quarters here ; but we find, on the strictest Enquiry into the Circumstances of the Keepers of such Publick Houses, that many of them are so poor
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PROVINCIAL COUNCIL.
and indigent, that they are neither of Ability to support the Burden of providing for so great a number of Troops, or have proper Houses and Accommodations suitable for their comfortable Reception. We further beg Leave to remonstrate that the Commanding Officer hath demanded a Hospital with bedding, Fire, and other Necessaries, to be provided for a Number of sick, but as no public building hath been erected in this city for that purpose, your Remonstrants, though willing and desirous to do every thing in their power to de- monstrate their Loyalty to His Majesty, and to promote the Good of His service, are sorry to find themselves incapable of complying with this Demand, without the Aid and assistance of the Legisla- ture of this Province. We, therefore, thought it our Duty to lay the Premises before You, our Representatives, that such Regula- tions and Provision may be made therein as You in your Wisdom shall judge most expedient.
" 'ATTWOOD SHUTE, Mayor. "'BENJAMIN CHEW, Recorder.
"'WILLIAM PLUMSTED,
"'ROBERT STRETTELL,
"'JOHN MIFFLIN, "' JOHN STAMPER,
"'THOMAS LAWRENCE,
"' ALEXANDER STEDMAN.
"' City of Philadelphia, Dec. 11, 1756.'
"' Captain Tulleken's Demand of Quarters, &ca.
""' In Obedience to Orders received from his Excellency the Earl of Loudoun, Colonel Stanwix has thought proper to send Captain Tulleken to Philadelphia to demand Quarters for the First Battal- lion of His Majesty's Sixty Second or Royal American Regiment.
"' Captain Tulleken demands Quarters as follows :
""' Quarters for 500 Men; an Hospital for the sick ; a Store house ; a Guard Room for an Officer and Men.
"Billets for the Officers :
"'Colonel one; Lieutenant Colonel one; Majors one; Captains eight; Subalterns thirty ; Staff Officers six. Total Forty-Seven.
"'N. B .- There must be Fire and Candles for the Guard Room, and for the Hospital ; Besides the above, Captain Gates' Company of Independents, Forty-Seven Men, Four officers. The whole have Billets delivered them on the Publick Houses.
"'ATTWOOD SHUTE, Mayor.
'' ' December 13, 1756.'
"The House, how desirous soever that the King's Troops might have good and suitable Quarters, could not proceed to make further Provision for a Supplementary Act, without being well informed of
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the present State of the Quartering, that they might know what was deficient, and what was necessary to be supplied; they, there- fore, immediately required the Mayor to lay before the House a List of the Names of the Publick Housekeepers, with the Number of Officers and Soldiers billeted on each House (which he accord- ingly undertook to do by the next Morning) that we might be able to Judge whether they could, or could not be comfortably quartered by those Publick Housekeepers.
"The Order of the House, though of some Days standing, not being complied with, and the House being sincerely desirous that the King's Troops should be well provided for, took occasion from the Report that your Honour had issued Orders for Quartering on pri- vate Houses, to send up their Message of yesterday in the follow- ing Words, vizt:
" ' May it please your Honour :
"' A Report having yesterday prevailed in Town that your Honour had given Orders to the Sheriff to quarter Soldiers on private Houses, which greatly surprized the Inhabitants, the House (though they do not believe it possible your Honour could be prevailed with to issue Orders so diametrically opposite to an express Law passed. by yourself but a few Days before) think it necessary on this occa- sion humbly to request that your Honour would be pleased to direct the Magistrates and Officers of the City and Liberties, who have billeted the Soldiers on Publick Houses according to Law, to visit those Houses, inspect the Accommodations provided for the Men, see that they are good and sufficient; and oblige every Publick Housekeeper to receive and provide for the Officers and Soldiers that are or may be billeted on each House, in Proportion to the Number for which Quarters are provided, either in the Publick Houses, or such Orders as the Keepers of them may procure, so that the Minds of the People may be quieted and no just Cause of Complaint may arise, that Quarters and the Necessaries in Quarters are not duly provided, According to the Intention of the Legislature in passing that Act.
"' The House have recommended it to the Provincial Commis- sioners to provide an Hospital for the Soldiers, which we make no doubt will be done accordingly.
"'Signed by order of the House.
"'ISAAC NORRIS, Speaker.
"' December 17, 1756.'
" To this your Honour is pleased to answer as follows, vize .: " ' Gentlemen :
""'The King's Troops must be quartered. With respect to the Insufficiency of the late Act, I refer you to my Message of the Eighth Instant, delivered immediately before the Passing of it, and
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PROVINCIAL COUNCIL.
I see no Reason, from any Thing that has occurred since, to alter my Opinion.
"'WILLIAM DENNY.
"' 'December 18, 1756.'
-
" On the whole, we beg Leave to remark that if any Thing more than the Act of Parliament requires to be expected of us, we have never been explicitly informed what it is; That though your Honour is referred to by Lord Loudoun as well acquainted with those Mat- ters, you have never explained them to us ; That when the Bill for extending the Act of Parliament hither was presented for your Con- currence you made no Objection as to its Insufficiency, but that the Publick Houses could not accommodate the whole; which Objection we had afterwards Reason to think we had obviated to your Satis- faction; And, lastly, that in your Message of yesterday, you are not pleased to say that you will or will not favour us in our Requests, that the Magistrates may be directed to see the Act duly executed, and good Quarters effectually provided, nor to point out any other or further Deficiency in the Act, but only tell us, as we think some- what abruptly, that the King's Troops must be quartered.
" May it please the Governor, we know that the King's Troops must be quartered, and are desirous they should have good Quarters. The Assemblies of this Province have in very late Instances shewn their Regard for the Soldiery by voluntarily presenting Convenien- cies and Refreshments to the Officers, and furnishing Provisions and warm Cloathing for the Soldiers of the King's Forces to the Amount of many Thousand Pounds. We thought we had by the late Law provided well for their Quartering in this Province, especially as we had exactly followed the Act of Parliament made for the same Pur- pose. We cannot conceive it will, when well considered, be thought adviseable to quarter the Soldiers by Force on private Houses rather than by Law on Publick Houses; and we apprehend that if the bought Servants, which have been so lately taken from the King's good Subjects here, and no Satisfaction made their owners, notwith- standing the Act of Parliament so expressly requires it, are now to be thrust into their Houses and made their Masters, some commo- tions may arise dangerous to the King's Peace. On these Consid- erations, and being desirous to preserve a good Understanding with your Honour, we beg you would be pleased to favour us with a Con- ference, that this Matter may, as soon as possible, be fully under- stood, and finally settled.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker. "December 19, 1756."
The Governor said further that he appointed the Conference at half an Hour past Twelve O'Clock to-Day, and had drawn up a Message, which, if the Council had no Objection to it, he would VOL. VII .- 24.
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deliver to the Members before the Conference. His Honour added that he chose not to enter into any Altercation, nor to refute the many false Relations of Matters of Fact, but to insist that Quarters be instantly provided. The Council acquiescing, the following Mes- sage was signed :
A Message from the Governor to the Assembly.
" Gentlemen :
" A great deal might be said in Answer to the Message of yester- day, which I chuse to decline out of Respect to the Assembly. The King's Ministers are the best Judges of these Proceedings, to whom they will be referred.
"Though Moderation is most agreeable to me, there might have been a Governor who would have told You the whole Tenor of that Message was indecent, frivolous, and evasive; That the Reception of His Majesty's Troops in this City shews Want of Humanity and Gratitude, for you will please to remember that they were raised by Parliament for the Defence of these Colonies.
"For my Part, Gentlemen, I shall always avoid Disputes, but am determined to do my Duty to my King and Country.
" No other Necessaries are required for the Soldiers than what are specified in the Act.
" The Gentlemen of the Assembly who have been so long in Town must know, or might easily have been informed, of the State of the Publick Houses ; however, I now acquaint You that Sixty- Two Beds are actually wanted for One Hundred and Twenty-Four Men who lie upon Straw, and Quarters for the Recruits who arrive every Day.
"WILLIAM DENNY.
" Monday, Twelve a'Clock, Dec. 20, 1756."
Soon after Mr. Allen, Mr. Franklin, Mr. Fox, Mr. Hughes, and Mr. Masters, attending as the Committee appointed by the House to manage the Conference, were called in, and after the Governor had told them that the had in his Hand a Message to them in an- swer to their's of yesterday, Mr. Franklin opened the Conference by making large Professions of the good Disposition of the House for the Army, &ca.
The Account of this Conference, as it stands in the Vote of As- sembly, is as follows :
" That the Governor having been pleased to appoint this Day at Half after Twelve a'Clock for the Conference, they had waited upon him accordingly, and found present Robert Strettell, Benjamin Shoemaker, Richard Peters, John Mifflin and Benjamin Chew, Esquires, Members of the Governor's Council.
" That the Committee had opened the Conference by assuring the Governor of the good Dispositions of the House towards the Army,
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and their Intention that sufficient Quarters should be provided for them ; but withal expressed the Concern it gave the House to hear that his Honour had unnecessarily, as they apprehended, issued Orders for Quartering them on private Houses by Force, and con- trary to Law.
"To which the Governor was pleased to answer, that he was in- formed the Quarters in the Publick Houses were insufficient; that Beds were wanting for more than One Hundred Men.
" The Committee then observed, that it was still the Opinion of the House, that the Publick Housekeepers of this City generally, were able to provide what was necessary for the Number billeted on them; and if they did not comply with the Law, the Magistrates should do their Duty and fine them as the Law directed. That if some of them were too poor, others were more able, and the Pro- portions should be regulated.
"The Governor was pleased to say, it was not his Business to en- quire where the Fault lay ; it was plain the Soldiers were not well quartered, and they must not suffer.
" The Committee then took the Freedom to remind the Governor that the House could only prepare Laws; they had no Power to execute them. That they had provided a good Law for this Pur- pose, and the Governor had passed it. That the executive Powers of Government were vested in him. His Honour being pleased to say it could not be expected of him to go from House to House to see how the Law was executed, the Committee answered :
"That the Complaint being laid before his Honour, Orders might properly issue from him to the Magistrates (who are under his Di- rection) to enquire into, and redress it by exacting a due Observance of the Law, and enforcing it by levying the Fines.
"The Committee then took Notice that no Soldiers had yet been billeted on the Taverns in Suburbs closely adjoining to the City, where there were many very capable of receiving them. That the neighbouring Towns could also accommodate a great Number.
"The Governor replied that the Quarters were demanded in the City, and it was his Duty to see the Orders executed; that if the Inhabitants thought it unequal, or a Hardship, they might apply to Lord Loudoun.
" The Committee answered, that it were to be wished the Governor would consider himself somewhat more in his civil Capacity as Governor of the Province. We expected of him, that he would be the immediate Father and Protector of the People, and if any Or- ders he received would in their Consequences be grievous to the People, he would represent the Matter properly in our Behalf. That if an application to Lord Loudoun to redress any Grievance was necessary, we conceived it ought to be made, not directly, but through the Governor. That we did request he would accordingly
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apply for Orders to quarter on the neighbouring Towns any farther Troops that might arrive here, more than our Publick houses could well accommodate.
" The Governor was pleased to say he would do so when General Webb arrived, for he thought it reasonable.
"The Committee desired the Governor would be pleased to inform us, if any further or other Provision ought to be made for Soldiers' Quartering, than what was mentioned in the Act of Parliament.
" His Honour was pleased to say that he knew of none ; and that he had answered that Point in a Message he intended to send to the House this Day, which Message he held in his Hand.
"The Committee then asked, whether any further Provision ought to be made for Quartering the Officers, than what the Act of Par- liament required ?
"The Governor answered, none that he knew of. But afterwards mentioned something of Money given them in Flanders, by the name of Slope Gelt ; tho' he did not explain it or seem to insist on it.
" It was asked, what was to be understood by Quartering being extended farther in Time of War, than in Time of Peace ?
"The Governor answered, he knew not, unless it was Quartering on private Houses.
" The Governor added, that before he left England Complaint was made, that the Publick Houses at Canterbury were. oppressed by too great a Number of Troops quartered on them, when the Inva- sion was apprehended, and it was proposed in Parliament to make them some Satisfaction, by a Sum of Money, but he knew not whether it was done.
"The Committee replied, That in that Case the Parliament must have had the Grounds of Complaint laid before them, and been satisfied they were just. That no Complaint had ever been made to the House by our Tavernkeepers, though this same Law had been a Year in Use among us, before it was again at this Time re- enacted. That the House, on the Remonstrance of the Mayor and Aldermen, had required an Account of the Billeting, in order to satisfy themselves, whether there was Cause of Complaint, but had not yet obtained it.
" The Governor further said that in Time of War and Cases of Necessity it was usual in England to quarter Soldiers on private Houses, and instanced Carlisle. That it was done in Scotland in the time of the late Rebellion notwithstanding the Law. That the Inhabitants of Westminster and Newcastle had at that Time volun- tarily offered to quarter a great number of Soldiers.
" It was answered that in Cases of Necessity there was no Doubt but the Inhabitants of this Province would chearfully submit to it ;
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but such necessity did not appear to us, since there was Room enough in the Public Houses of the Suburbs and neighbouring Towns, and other Towns in the Province, for much greater numbers than Quarters had yet been demanded for. That where it was vol- untarily offered Provision might be made to render it easy ; but where Force was used it was very different, as Families might be taken unprovided.
" The Governor replied that the General was the proper Judge of such Necessity ; and the General thought it necessary to have the Soldiers quartered near together.
" We replied we were confident the General had no Inclination to oppress any of His Majesty's good Subjects; but if necessity war- ranted Quartering on private Houses by Force and contrary to Law, and Military Officers were the only Judges of that necessity, they might say it was necessary to quarter the whole Army, not only in one City, but in one Square or one Street, and thereby harrass the Inhabitants excessively. That the People of this Province were as good and as loyal Subjects as any in the King's Dominions, and as well affected to the Soldiery. That we had evinced this by doing more (as we conceived) at our own Expence for the Army since they arrived in America than any other Province whatever. That we hoped no Measures would be taken to create Differences between the Soldiery and the People, or to render the King's Service dis- tasteful to those who had at present a hearty Affection to it; And further, that the Governor would listen to no Insinuations, nor be prevailed on to make any Representations of us to the Contrary.
" The Governor was pleased to say he should represent nothing but Facts.
" A Report of the Surgeons of the Hospital that the sick Soldiers in the Taverns were badly accommodated, so that their Lives were in Danger, and the Health of the Inhabitants might be affected by the spreading of their Distempers, being read by the Secretary,
" The Committee mentioned that an Hospital was ordered at the Province's Expence for the Soldiers.
" The Governor said we had done it at last with an ill Grace.
" His Honour was then reminded by one of the Committee that when the Commissioners, on the first application for an Hospital, had enquired of him what was the Custom in England in that par- ticular, he was pleased to answer it was the Custom for each Town or Corporation where Troops were quartered to provide a Hospital at the Expence of the Town or City. That the Commissioners, therefore, as the Province Money in their Hands began to run low, left that Matter to the Corporation of Philadelphia, who had Money in Bank more than sufficient for that purpese ; But the Corporation declining it, the House recommended it to the Commissioners who had ordered it.
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