USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 42
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" Signed at Philadelphia the 27th 1st mº-, 1757, by Order and on Behalf of the Meeting for Sufferings, appointed by the Yearly Meeting of Friends for Pennsylvania & New Jersey.
"JAMS. PEMPERTON, CIK."
The Governor informed the Council that he received a Message on Friday Noon from the Assembly, thanking him for his Offer to certify a Copy of the Bill for granting One Hundred Thousand
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Pounds to His Majesty under the Great Seal, and praying a Warrant to the Seal Keeper. The House further desired the Governor wou'd favour them with a Copy of the Reasons he should send to the King for his refusing his Assent to it. The Governor said he would consider the Request, being disposed to do what was right. His Honour desired the Opinion of the Council if it was proper to give the House a Copy of his Reasons; the Council thought it would be Time enough to give their Opinion on this Question after the Reasons should be drawn up, consider'd, and agreed to, and that it would be as proper for the Governor to demand a Sight of what the House should write to their Agents as for them to see his Letters.
A Bill Entituled "An Act to render the Burthen of Quartering Soldiers more equal on the Publick Houses of this Province " was read over, and then Paragraph by Paragraph, and some Amendments proposed, which were drawn up and referred to further Considera- tion.
At a Council held at Philadelphia, Thursday, February 3d, 1757. PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Richard Peters, Thomas Cadwalader, S Esquires.
The Minutes of the preceding Council were read and approved.
The Amendments of the Bill to render the Burthen of Quarter- ing Soldiers more equal on the Publick Houses, drawn up at the last Council, were again considered, settled, and sent to the House with the Bill.
A Complaint was made by Captain Moore of the Royal American Regimt-, that Justice Ashbridge of Chester County not only refused to attest his Recruits, but discouraged the Men that were brought to him for that Purpose from entering into the King's Service. The Governor wrote a Letter and acquainted Mr. Ashbridge with this Complaint, and desired his Answer.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Monday, February 7th, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
James Hamilton,
Benjamin Shoemaker,
William Logan,
Esquires.
Richard Peters,
John Mifflin,
Benjamin Chew,
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
On the Third Instant, the Bill for rendering the Burthen of quar- tering Soldiers more equal on the Publick Houses was returned to the Governor, with a Paper and Message that the House had agreed to all of his proposed Amendments, except the Third, and desired that he would be pleased to pass it as it now stood Amended; and, further, the Supply Bill and the Bill for continuing the Act for the more easy Recovery of Legacies, were delivered to his Honour for his Concurrence thereto.
The Paper and Message was considered, and the Council was unanimously of Opinion that the Governor should adhere to his Amendment, and give his Reasons, which was done in the following Message :
" Gentlemen :
" I have again attentively considered the Bill intituled ' An' Act to render the Burden of Quartering of Soldiers more equal on the Publick Houses of this Province,' but cannot agree to pass it unless you accede to the Third Amendment, by which it was proposed to lay the Duty of Two Pence per Gallon generally upon all Liquors retailed within this Province, without confining it to the Publick Houses only, and think it proper to inform you that I am induced to adhere to that Amendmt for the following Reasons :
"First. Unless the Duty is general, the Bill, which seems cal- culated for the Relief of Publick Housekeepers and others on whom his Majesty's Soldiers are quartered, will be so far from an- swering the good Ends proposed by it, that it will involve them in new Distresses, it being evident that they must lose a great Share of their Business if Liquors can be purchased of other Retailers, who are not obliged to pay the additional Duty, at cheaper Rates than they who must pay the Duty can afford to sell.
"Second. If the Duty is confined to Liquors sold in Publick Houses, it will fall greatly short of the Sum proposed by the Bill to be allowed to Publick Housekeepers for their Charge and Trouble in making Provision for such Soldiers as are quartered upon them.
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I flatter myself these Reasons will have Weight with you, and in- duce you to agree to the Amendment.
" WILLIAM DENNY.
" February 7, 1757."
Justice Ashbridge waited on the Governor, in Consequence of his Letter, and declared in Council that the Charge made by Cap- tain Moore is without any Foundation ; all he knew that could give Occasion to it was that one Sergeant Dover had abused him in the Execution of his Office, for having granted a Summons against a Soldier, not with intent to take his Person, but to levy it on his Effects in the Hands of the Plaintiff. Mr. Ashbridge further said, that he never saw Captain Moore, and should be glad to see him Face to Face, that he might hear what Particulars he laid to his Charge. The Governor told him Captain Moore was recruiting at Lancaster, and expected he would have sent an Answer to his Letter, and on that Answer, if it had been desired, he would have ordered the Captain to attend.
The Supply Bill was again read.
The Bill for the more easy Recovery of Legacies was again read, and the Governor being apprehensive that it militated against the Proprietary Instructions, the Consideration thereof was postponed till they were examined.
On Saturday, a Bill was presented to the Governor for his Con- currence, Entituled " An Act to prevent the Exportation of Pro- visions, naval or warlike Stores, from this Province to any of the Dominions of the French King, or to any Port or Place in America not in the Possession of the Subjects of his Britannick Majesty," with a Request from the House that he would be pleased to recom- mend it to the Assembly of the Lower Counties to pass a Bill for the same Purposes, otherwise the good Intent of this Bill would be in a great Measure frustrated. It growing late, the Consideration of it was deferred till to-morrow morning Ten o'Clock, to which Time the Council was adjourned.
A Petition was presented to the Governor by the Neutral French, complaining of the Hardships they are put to by the late Act of Assembly, in binding out their Children, which was delivered to the Speaker, and recommended to the House.
N. B .- The Translation of the French Neutrals Petition, is in- serted in the Votes of Assembly.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Tuesday the 8th February, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- vrnor.
Robert Strettell,
James Hamilton,
Richard Peters,
Benjamin Chew, Esquires.
John Mifflin,
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
The Bill Entituled a "Supplement to the Act Entituled, 'An Act for granting the Sum of Sixty Thousand Pounds to the King's Use, and for Striking Fifty-Five Thousand Pounds thereof in Bills of Credit, and to provide a Fund for sinking the same, and for grant- ing to His Majesty the additional Sum of one Hundred Thousand Pounds,' " was read Paragraph by Paragraph.
The Proprietaries' Twelfth Instruction was read, relating to the Emission of Paper Currency ; and likewise the Twenty-First In- struction relating to Land Tax Acts.
Many Difficulties occurred to the Council with respect to this Bill, which occasioned long Debates. The Objections to the Bill, as well on account of striking more Paper Money, as for many other Reasons, were taken down in writing. Mr. Hamilton, Mr. Mifflin, and Mr. Chew, were appointed a Committee to consider them, and to prepare the Draught of a Message to the Assembly, to be laid before the next Council.
The Bill to prevent the Exportation of Provisions, naval or war- like Stores, from this Province to any of the Dominions of the French King, or to any Port or Place in America, not in the Pos- session of the Subjects of His Britannick Majesty, was again read, Paragraph by Paragraph ; and after Consideration, some Amend- ments were thought reasonable to be made to the Bill, which were put down in writing, and the Attorney General was desired to draw them up in Form. The Letter from the Board of Trade, was like- wise read, and on comparing the Restrictions in the Bill, with that Letter, they were found to differ from it in this material Article, that the Letter restrain'd Vessels from carrying Provisions to any Port, except what belonged to His Majesty, and the Bill only pro- hibited the Exportation of Provisions to Ports belonging to His Majesty in America, which left the Exporters at Liberty to go to Madeira, Fyall, Lisbon, or any other neutral Port in Europe ; and tho' this, in the Judgment of the Council, is reasonable, yet as it does not appear to be the Intention of his Majesty in that Letter, it was recommended to the Governor, to amend the Bill in that par- ticular, and in those other Paragraphs, where the Fines were taken out of the Course of Acts of Parliament, which in these Cases, al-
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ways gave One-Third to the King, One-Third to the Informer, and One-Third to the Governor ; and accordingly it was referred to the Attorney General, to make these Amendments.
At a Council held at Philadelphia, Thursday the 10th February, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell, Richard Peters, Esquires.
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
A Message from the Assembly on the Petition of the Neutral French, which was sent to the House, was read, and ordered to be entered as follows :
" May it please your Honour :
"You were pleased, by your Message of the Second of September last, to inform the then Assembly that it was your Opinion that the late Inhabitants of Nova Scotia, now in this Province, should not be treated as Prisoners of War, and recommended it to the House to make Provision for them accordingly. In pursuance of this Mes- sage, the Assembly passed a Bill providing for them in the best Manner their Circumstances would admit of, which has received your Approbation, and is now enacted into a Law ; Yet your Honour was yesterday pleased to send down to us a Petition, directed to your Honour by some of the said Inhabitants of Nova Scotia, in behalf of themselves and others, requesting they may be sent to or permitted to join the French Nation, but without intimating what it is you expect from us, or how far you would recommend it to us to interfere in the Matter. We, therefore, having made the Provi- sion we conceive necessary for the Relief of those People, return the Petition, but should your Honour think fit to inform us what it is you would recommend to be further done by us thereon, we will take it into our serious Consideration.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker. " February 9th, 1757."
Mr. Chew acquainting the Governor that he was indisposed, and could not attend the Council, and the other Gentlemen of the Com- mittee not being present, the Consideration of the several Bills before the Governor and Council was postponed till to-morrow.
A Message from the Assembly, in Answer to the Governor's
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PROVINCIAL COUNCIL.
Message assigning Reasons for his Amendment of the Bill to render the Quartering of Soldiers more equal on the Publick Houses of this Province, was read, and order'd to be enter'd as follows : " May it please your Honour :
" By our late Law extending several Sections of the Act of Par- liament, intituled ' An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters,' all the Publick Houses in this Province were subjected to the Billeting of Soldiers quartered within the same, and had the Circumstances of His Majesty's Service admitted of their being quartered equitably and proportionably on all those Houses, the Bill we presented to your Honour would not have appeared to us necessary. But since it has been thought fit that the whole Number quartered in the Province should be billetted in Philadelphia, and the Publick Housekeepers throughout the rest of the Province bear no Part of the Burden, this Bill was intended to render it more"equal among them all, not to take it from them and lay it upon the People, which would be the Case should your Honour's proposed Amend- ment be acceded to; for if the Excise be made general, the Price must rise proportionally on the Comodity excised, and the Farmers and labouring People, who chiefly buy it of the Retailers, and con- sume it at their Harvests and other Labour, must pay the Addition.
" But the Publick Housekeepers, who sell for the most Part by small Measure, and receive at the Rate of Ten Shillings Per Gal- lon for Rum that perhaps costs them not more than Three Shillings, may, we think, afford to pay Two Pence a Gallon above the present General Excise of Four Pence, without any great Inconveniency, since the other Retailers, who are confined to sell by no less Mea- sure than a Quart, cannot interfere with them in that most profitable Part of their Business.
" We would beg leave further to observe, that at present the Sol- diers billeted on the Publick Houses at Philadelphia, amount on an Average to about four for each House, and that the Expence of furnishing Quarters, and Necessaries in Quarters to each Man, at Four Pence Per Diem, will in Three Months for Four Men amount to Six Pounds; this the Publick Houses are at Present supposed to be burdened with, but the Addition to their Excise, by the proposed Bill, would in few Instances exceed Thirty Shillings, and they would be repaid the Six Pounds. We conceive, therefore, that the Pay- ment of Thirty Shillings in a Year, could not occasion the Loss of a great Share of their Business, when the Payment or Expence of Six Pounds has no such Effect. And that dividing equally among the whole number of Publick Houses, a Burden which at present lies wholly on a Part only, must, in the nature of Things, make it lighter on that Part.
" Whether the Fund proposed will be sufficient we cannot say, as both its Produce and the Continuance of the soldiers here are
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uncertain. If it should fall short, a future additional Provision may be made, when it shall be thought necessary. We, therefore, offer the Bill again to the Governor for his Assent. If he shall, upon Consideration of the Reasons above given, think fit to have his Amendment, the Bill may afford those People some immediate Relief. If not, Affairs of greater Importance will not at present admit of our spending more Time about it.
"Signed by order of the House.
" ISAAC NORRIS, Speaker."
At a Council held at Philadelphia, Friday the 11th February, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Robert Strettell,
James Hamilton,
Richard Peters,
Benjamin Chew, Esquires.
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
A Letter of the Seventh of December last, from the Right Hon- ourable William Pitt, Esquire, notifying to the Governor his Ap- pointment to the Office of One of His Majesty's Principal Secre- tary's of State, was read and order'd to be enter'd, as follows :
" WHITEHALL, 7th December, 1756.
" Sir :
"The King having been graciously pleased to appoint me to be His Principal Secretary of State for the Southern Department, in the room of Mr. Fox, I am to desire that you would for the future address your Letters to me, which I shall not fail to lay regularly before His Majesty, and to transmit to you such Orders and In- structions as the King shall think proper to give for your Guidance and Direction.
"You will see His Majesty's Sentiments on the present Situation of Publick Affairs expressed in the inclosed most gracious Speech, with which the King opened the Parliament on Thursday the 2d Instant. I also inclose to you the Addresses which both Houses have since presented in Answer thereto.
" I am, Sir, Your most obedient humble Servant,
"W. PITT. -
"Deputy Governor of Pensilvania."
Two Members of Assembly waited on the Governor to acquaint him, that the House desired to know if he had come to any Result
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upon the Supply Bill and the other Bills now before him. To which the Governor was pleased to say that he had the several Bills sent him by the House under his Consideration, but as the Supply Bill was of great Importance, and had been long depending in the House, it required more Time to consider it than had yet been allowed him; that he would, however, give all of them the utmost Dispatch in his Power.
Mr. Chew and the Gentlemen of the Committee to whom the Bill, entituled " A Supplement to the Act, entituled ' An Act for granting the Sum of Sixty Thousand Pounds to the King's Use, and for striking Fifty Five Thousand Pounds thereof in Bills of Credit, and to provide a Fund for sinking the same, and for grant- ing to His Majesty the additional Sum of One Hundred Thousand Pounds'" was referred, acquainted the Governor that they had carefully examined the several Paragraphs of the said Bill, and as the House had declared they would admit of no Amendments to Money Bills, they had prepared a Draught of a Message to the Assembly setting forth the Reasons why the Governor could not give his Assent to it; which was read, considered, and after some alterations and additions agreed to, and the Secretary was ordered to deliver the Bill with the Message which follows in these Words : " Gentlemen :
"No one can be more sensible than I am of the Necessity of raising immediate Supplies for His Majesty's Service, and the De- fence and Preservation of this Colony, at a Time when we may reasonably suppose the Enemy are meditating new Schemes against it. I assure you no Man can be more desirous of faithfully dis- charging his Duty to His Majesty, or more sincerely disposed to promote the Good and Happiness of the People of this Province, and to afford them the Protection they stand so much in Need of. It is, therefore, Matter of real Concern to me to have Occasion to differ in Opinion with you on the several Bills presented to me for raising Money to answer the present Exigencies of the Province. I have considered the Bill intituled ' A Supplement to the Act in- tituled ' An Act for granting the Sum of Sixty Thousand Pounds to the King's Use, and for striking Fifty-Five Thousand Pounds thereof in Bills of Credit, and to provide a Fund for sinking the same, and for granting to His Majesty the additional Sum of One Hundred Thousand Pounds,'' with the strictest Care and Attention, and from the best Judgement I can form of it, I conceive I cannot give my Assent to it, consistent with the Obligations I am under to the Proprietaries or the Regard I have for the true Interest of the People committed to my Charge, for the following Reasons :
"First. It is provided by the Bill that Forty-Five Thousand Pounds, Part of the One Hundred Thousand Pounds, shall be im- mediately struck in new Bills of Credit, to be sunk in four Years by a Tax on Estates, real and personal. Nothing is of more Im-
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portance to a Country than the preserving the Credit of their Money, which must evidently rise or fall in its Value, like every other Com- modity, in Proportion to its Quantity. When this Province was in its most flourishing State, and its Commerce the most extensive, the Sum of Eighty Thousand Pounds in Bills of Credit was found sufficient to answer all the Purposes of Trade. By Laws lately passed Eighty-Five Thousand Pounds hath already been struck and added to the former Sum, and although, from the great plenty of Government Bills and other Contingencies, this Addition does not appear to have greatly affected the Credit of the Money, yet it is as evident that Exchange must have been lower if new Emissions had not been made as that the Striking of more must inevitably raise the Price of Exchange, and consequently depreciate the Currency of the Province, How injurious this must prove to Trade in general, and how ruinous to the Estates of Widows and Orphans, and to the Interest of great Numbers of Individuals, especially if Peace should be restored, is obvious to the Understanding of every Man. But these are not the only Mischiefs. It is not improbable that such large Emissions of Paper Money may induce the Parlia- ment in the End to deprive us of the Power of issuing Bills of Credit at all. To guard, therefore, against these Evils, other Ways and Means should be fallen upon to raise Money on this Occasion, or if there should be an absolute Necessity of striking any Quantity for the imediate Service of the Publick, Provision should be made by Law to sink the same in a Less Term than Four Years.
" Second. Every Law ought to be explicit and certain that those who are appointed to carry it into Execution may know how to con- duct themselves and administer equal and impartial Justice to every one under it. But it is apparent that the Act for granting Sixty Thousand Pounds to the King's Use, &ca., to which the Bill now under my Consideration is a Supplement, is indeterminate and un- certain in directing a Tax to be laid yearly on the clear Value of Estates, without ascertaining whether such Tax shall be laid on the Yearly Value or Income, or on the Value of the whole Capital., From this Ambiguity in the Act great Injustice may be done to many of the Inhabitants, some of whom may be obliged to pay a Tax laid on the Capital Value of their Estates, while others pay no more than the Tax on the Annual Income according to the different Constructions put on the Law by the several Officers con- cerned in raising the Tax. The Act appears to me to be defective also in not impowering the respective Officers whose duty it is to return Lists of the Nature and Value of each Person's Estate, to enquire, cither by Oath or some other effectual Means, into the true and real Value of such Estates. It is impossible that such Officer can be acquainted with the particular Circumstances of every taxa- ble Person within his District ; but he is under the Necessity of applying to the Parties themselves for information. The strong Influence Self Interest is known to have on Mankind in general may
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occasion many to represent their Estates to be much less than they really are, by which Means the Burden of the Tax will be laid very unequally on the Inhabitants under that Law.
" Third. The Sum proposed to be granted to His Majesty by the Bill is to be raised by a Tax on Lands and personal Estates in the Term of Four Years, which is contrary to the Proprietary Instruc- tions, as well as contrary to the Practice, Wisdom, and Policy of our Mother Country, where it was never known, in Times of the greatest Extremity, that Taxes were laid on Lands for a longer Term than one Year. It has been asserted that it is impossible to raise that Sum within this Province in the space of one Year consistent with Proprietary Instructions ; but as we have had no Experience , of such a Law, I am at a Loss to know how this Discovery has been made. On the contrary, it appears probable to me that the Sum may be raised in that Time without laying any great Hardships on the People ; and if a Tax on Estates, real and personal, after taking proper Measures to come at their true yearly Value, be found in- sufficient, the Deficiency might be supplied by following the Ex- ample of our Neighbours in taxing Luxury, and laying Duties on such Things as may do the least Injury to Trade.
"Fourth. I cannot conceive it just or reasonable, at this Time, to tax unimproved Lands, which, instead of rising in their Value, and in that view being considered as yielding an annual Profit, every one who is acquainted with the present circumstances of the Province, must know, have daily declined greatly in their value, ever since the first Incursions of the Enemy on our Frontiers, and are not, in fact, worth so much now as they were some years ago.
"Fifth. The Act to which this Bill is a Supplement, as to the mode of levying the Tax, and the Duty and Powers of the Officers therein concerned, refers to the act for raising County Levies, which I conceive to be unparliamentary; and such Powers and Duties, to avoid Confusion and Mistakes, ought to be contained in the Body of the Act itself, independent of any other.
." Sixth. The Trustees of the Loan Office, into whose Hands the Sum of One Hundred Thousand Pounds is to be paid, are not directed by the Bill to give any additional Security for the true and faithful Discharge of the new Trust to be reposed in them, which, in justice to the Publick, they ought to do.
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