USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 45
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On Saturday the 12th a Bill Entituled " An Act for preventing Abuses in the Indian Trade," &ca., was presented to the Governor by Two Members for his Concurrence.
VOL. VII .- 28.
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At a Council held at Philadelphia, Monday the 14th March, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor. Robert Strettell, Richard Peters, Benjamin Chew, Esquires. Lynford Lardner, John Mifflin,
The Minutes of the Preceding Council were read and approved.
A Letter from Sir William Johnson of the Sixteenth of Feb- ruary, with a Copy of his Instructions to George Croghan respect- ing the ensuing Treaty with the Indians, which were yesterday delivered by Mr. Croghan to the Governor, were read, and order'd to be enter'd :
A Letter from Sir William Johnson to Governor Denny. " Sir :
" I have the Honour of your Favour of the 6th of December last with a Copy of the Two Conferences held at Easton, and am well pleased with the strong Professions of Friendship made by Teedyuscung, the Delaware Chief. I sincerely wish we may be able to remove the Cause of those Indians' Discontent, and effectu- ally bring them back to his Majesty's Interest.
"Sensible of the Importance of this Affair, I charged Mr. Croghan upon his going into your Province to sound the Disposition of those Indians who still live in the Province, and by all means to spirit them up to continue their Friendship and join his Majesty's Arms here, or anywhere else they may be wanted next Spring ; and above all to enquire into the Cause of the cruel Behaviour of the Shawonese and Delawares to their Brethren, the English. I am ex- tremely glad to find that Mr. Croghan's Opinion given to you was unanimously approved of, and that there is a general Disposition in the different Branches of the Legislature to bring this unhappy Affair to a peaceable Issue. The Meeting now proposed will be a favor- able Opportunity for that Purpose, and, therefore, by this Convey- ance, I send proper Instructions to Mr. Croghan how to act upon this Occasion, and have given him particular Directions to apply to Lord Loudoun for his Advice and Approbation, who, I presume, will be in your Province by that Time, or if not there, then to the Com- mander-in-Chief for the Time being. I observe what you say rela- tive to the Complaints of the Delaware Chiefs concerning their Lands, and I am quite clear that a particular Attention should be paid to them, and if made good that an immediate Satisfaction should be made as the only likely Means to affect an intire Recon- cilliation.
8 a
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" I shall sollicit the Six Nations in the strongest Terms to use their Influence with the Delawares and Shawonese for the immediate Restoration of the Prisoners (still in their Power) to their Families.
" That nothing may be wanting to make the intended Meeting as useful as may be to the Purposes proposed, I have sent Notice thereof to the Six Nations, and desired some of their Chiefs would be present, but fear their remote Situation and the Severity of the Season will not permit their Attendance so soon. I have sent the Half King, some Senecas and Mohawks of both Castles to be present and give all the Assistance they can possibly, which they promise to do.
" As I have nothing more at Heart than the bringing this un- happy Affair to a favourable Issue, I shall very readily join with you, Sir, in any Measures which may be conducive to that End.
"I am, Sir, Your most obedient humble Servant,
"WM. JOHNSON.
"" Fort Johnson, February 16th, 1757."
"Instructions to George Croghan, Esquire.
"You are (at the intended Meeting to be held at Harris' Ferry, or elsewhere, next Month) in the strongest Terms to remind the Shawonese and Delawares of the solemn Promises they made to the Delegates of the Six Nations, whom I sent to meet them at Otsi- ningo last Spring, and confirmed by the Delawares and Shawonese King, in behalf of their People, in the most solemn Manner last July, at my House, in the Presence of their Uncles the Six Nations, which was that they would lay down their Hatchet, return to their Friendship with the English, and deliver up all the English Priso- ners which were in their Power. This they again repeated and rati- fied at a subsequent Meeting with Governor Denny at Easton in November last; All which I have sent proper Oficers to acquaint their Uncles the Six Nations with, who will, as well as we, expect a due Performance of all they so publickly, repeatedly, and solemnly promised and engaged.
"In the next Place, you are, in the best manner you possibly can, to shew them that it will be their Interest to live in Friendship with the English, who are best inclined, and not only most able to supply them with the Necessaries of Life, but also to protect them against the Insults or Attempts of any Enemy, as they are the most powerful and wealthy People on the Continent.
" You are carefully and attentively to hear what they have to say with respect to the Grievances mentioned by them at Easton last. November, or any others they may have suffered, and, if justly grounded, you are to take the most prudent, speedy, and effectual
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Methods to have them amply redressed, as I am convinced without that all we can do will be to no Purpose.
. " In case you can accomplish this, you will then, by all means in your Power, and with the Assistance of the Sachems of the Six Nations and Mohawks, whom I send to attend the said Meeting, endeavour to prevail on them to turn the Edge of their Hatchet against the French, the Enemies of Mankind, in Conjunction with their Uncles the Six Nations and us. This and their delivering up all the Prisoners in their Hands or Power, will be the only con- vincing Proof they can give us of their Sincerity, and is what we expect from them.
" You are to make a Report to his Excellency the Earl of Lou- doun, of every Thing done at said Meeting, and in consequence of it, who I suppose will be at Philadelphia at that Time ; if not, you will make it to Colonel Stanwix, or the Commander-in-Chief there, agreeable to his Lordship's Directions.
" In the Management of this Affair, you are to do all in your Power to promote the Good of His Majesty's Indian Interest in general, without the least Reserve or Partiality.
" As many things may occur in the Course of said Meeting which I cannot possibly foresee, you are to act to the best of your Judgment, and, if practicable, obtain Lord Loudoun's Advice and Directions, agreeable to his Lordship's Letter to you.
" Lastly, let every thing be carried on in the most candid, equi- table, and friendly Manner possible, so as to remove and prevent all Jealousy ; keep an exact and authentick Copy of all your Pro- ceedings, and either bring, or send them to me as soon as you con- veniently can.
" Given under my Hand at Fort Johnson, this 16th Day of Feb- ruary, 1757.
" WM. JOHNSON."
The Governor communicated a Letter from Major Burd at Fort Augusta, of the 10th Instant, to Mr. Croghan with Advice of the Arrival of 5 friendly Indians, & of Joseph Peepy and Lewis Mon- tour's conducting the other Indians who were expected at that Fort in a few days, w " was read and sent to the House. 5
Some friendly Indians arriving in Town, the Assembly were made acquainted with it, and desired to make the proper Provision for them.
The Bills for rendering Quarters more equal and for the Hire of Carriages were agreed to, and sent to the House, with a Message that the Governor would pass them when presented to him for that Purpose.
Mr. George Croghan laid before the Governor a Letter from Major Burd of the 18th Instant, informing him that Five Indians
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were come to Shamokin from Diahogo, and that Ninety more would be there the next day on the Business of the Government. The Letter was sent to the House, with a verbal Message desiring them that Directions might be given for their Support.
The Commission of the Peace for the County of Bucks was set- tled, agreed to, and passed the Seals, and the following Persons were appointed, vizt .: all the Members of Council, Alexander Gray- don, Simon Butler, Ennion Williams, Richard Mitchell, John Abraham Denormandie, Thomas Janney, Richard Walker, John Jamison, William Buckley, John Chapman, John Wilson, Gilbert Hicks, Joseph Hart, and Thomas Yardley, Esquires ..
The Remarks drawn by Mr. Chew on the Report of a Committee of Assembly, on the Governor's Reasons for refusing his Assent to the Hundred Thousand Pounds Bill, were read, and after some few alterations approved and ordered to be enter'd, viz":
"It would be endless to take particular Notice of the many Inci- vilities with which the Assembly liath treated the Governor almost on every Occasion since his Arrival in the Government, only for differing in Opinion with them, and presuming to exercise his own Judgment in Matters of Legislation. The Governor having refused his Assent to the Money Bill, in the most respectful Manner and civil Terms, gave the House his Reasons for rejecting it; in answer to which, in the Report of their Committee, which they, by approv- ing of, make their own Act, are pleased modestly to tell the Gover- nor 'That they are not the true Reasons; that they are not Reasons but Excuses, and are made only to save the Proprietary Instruc- tions the Shame of standing alone; that they regret the Situation of a Governor who finds himself under the Necessity of making them, and pity the Counsellors who must approve them,' and in their Message further add, 'that if he will not pass the Bill without any Alteration he may pay the Forces himself or disband them,' or in other Words suffer this his Majesty's Colony to fall into the Hands of his Enemies, for they will not defend it.
"How warmly and Sincerely the Assembly are disposed to make an effectual Grant to His Majesty at this critical Juncture, and how great a Regard they have for Truth, will appear by the following observations on the Report of their Committee :
"Ist. They say the Governor having before refused Two Bills, One for granting Sixty Thousand Pounds, the other for granting One Hundred Thousand Pounds, they hoped to avoid all Objections from the Governor by forming this Bill on the Plan of the Sixty Thousand Pound Act, which after a Solemn Hearing, before the Board of Trade, received the Royal Assent.
" Obs". The Governor, as soon as he came to the Government, laid before the Assembly, at their own Request, the Proprietary Instruction, enjoining him not to pass another Bill on the same
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Plan with the Sixty Thousand Pound Act, and then informed them, as he has done repeatedly since, that he could not break thro' that Instruction, and requested the Assembly, in the most pressing Terms, to frame such a Supply Bill as he was at Liberty to give his assent to. Near Six Months have been suffered to elapse, and the Assembly, now Matters are brought to the last Extremity, have presented a Bill, which, being in many Parts inconsistent with his Instructions, they must know it is not in his Power to pass, which it cannot be supposed they would have done, had they (as they pro- fess) been sincerely disposed to make an effectual Grant to His Majesty.
" The Sixty Thousand Pound Act, it is true, received the Royal Sanction, but the Assembly shew a great Want of Regard to Truth in asserting that it had a solemn Hearing before the Board of Trade, where it passed without any Opposition being made to it; of this the Assembly could not be ignorant, being possessed of the Proprie- tary Instruction, in which they assign Reasons for not opposing it at that Time.
" 2d. In Answer to the Governor's objection, that the adding large Sums to the Bills of Credit already, struck may depreciate the Value of the currency, the Assembly answer, That by the Bill it is proposed to strike only Forty-Five Thousand Pounds, Part of the Hundred Thousand Pounds.
" That within the year the Sum of £41,333 6 8 is provided by Law to be sunk by Funds established for that Purpose.
"'That the ££80,000 emitted on Loan, the 55,000, the 30,000, and the above £45,000 are all to be sunk in the Terms of Four, and at farthest Six Years.
" Obs". The Facts here advanced by the Assembly are most false, and calculated only to amuse the ignorant.
" By the Bill but £45,000 is proposed to be struck immediately, but it is agreed that the whole sum of £100,000 is necessary, and must be expended in the Defence of the Province within the Year. The Province is already in Arrear to the Forces near half of the sum proposed to be struck by the Bill, so that the whole will be soon expended. By what means then is the Residue of the £100,000 to be obtained? No doubt the Assembly will apply to have that struck also; so that the Bill is in Fact to be considered as a Bill for striking the whole Sum of £100,000, and so great an Addition to the large Quantitys of Bills of Credit already emitted must depre- ciate the Currency in Proportion to the Time given for sinking it. Tho' Laws are provided to sink £41,333 6 8 within the present Year, it is known by Experience that several of the Funds estab- lished by those Laws are greatly insufficient for that Purpose. This is a Fact the Assembly are well acquainted with; how disin- genuous then is it in them to assert Facts contrary to their own
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Knowledge, and argue from them as true? But this may serve to shew their Temper and Disposition, and the real Principles on which they act. The Advantages arising to the People from the £80,000, let out to them at a low Interest, are so many that it can- not be presumed they will be so blind to their own Interest as to be willing to part with them, or that they will not desire a new Emis- sion of that Sum when the Term of its Limitation expires, especially since they know that the Proprietaries, in their Instruction to the Governor, have directed him to re-emit that Sum whenever the Assembly shall request it of him, and yet the Assembly go on a supposition that the said Sum of £80,000 will be sunk, and not re-emitted, by which the Quantity of the Bills of Credit will be greatly reduced. But this is a meer Fallacy, and what they know will not happen.
" 3d. In Answer to the Objection made by the Governor against that Part of the Bill relating to the Mode of laying the Tax as ambiguous and uncertain, the Assembly answer that it is the same that has ever been used in the Province, what the Officers are ac- customed to and understand, and that the Assessors are on Oath and are honest men.
"Obs". The Assembly could not deny that great Injustice must be done the People in raising a Tax imposed by Officers who were left at large, and had no certain Rule prescribed to them for their Conduct, whether such Tax should be laid on the Yearly Income of Estates only, or on their Capital Value, and from this Uncertainty in the Act, tho' the Assessors are ever so upright and well disposed, it is impossible for them to lay an equal Tax. That many Persons have been injured and complained loudly too of those Injuries in the Execution of the £60,000 Act is a known Truth, but it seems the People must not be eased of this Oppression, because they have long groaned under it, and the Officers have been accustomed to it and well understand it. A weighty Reason indeed. This is one of the first Instances in a civilised Government, where Use and Cus- tom has been thought a sufficient Sanction to support and authorize Iniquity. The Assembly meanly charge the Governor with passing an Excise Act, which lays an unequal Tax upon the People, and still recommending other Excises. The Truth is that the Governor, + when the Excise Bill was presented to him and often since, repre- sented to the Assembly the Injustice of charging the Excise or Duty on the Retail of Liquors, which fell principally on the poorer Sort of People, and recommended it to them to lay the Excise on the whole Consumption as most equal and equitable, but was answered that the Bill was on the same Plan with others that had been passed before in the Province, and what they had been used to, and not being able to prevail with them to alter it, he gave his Assent to the Bill as it was; and now the Assembly charge him with passing one unequal Law, and use that as a Reason to induce him to pass
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one yet more unequal and unjust. The Assembly express their Dislike too that the real Value of Estates should be enquired into and brought to Light, because it may be ruinous to some who live now in good Credit; but how a Tax can be equally and propor- tionably laid in any Country without knowing the real value of Estates it will be difficult to find out.
"The Assembly next undertake to prove that, according to the . Mode laid down in the Proprietary Instruction, no more than the Sum of £30,000 could be raised within the Province in one Year. As all their Reasoning on this Head is founded on Conjecture only, and the supposed Value of Estates, it is not to be depended on. The Way to know what is the real Value of Estates is to make proper Provision by a Law to enable the Officers to enquire into it. This would soon reduce the Thing to a Certainty; but reasonable as it must appear to be to every impartial Judge, the Assembly will not hearken to it, nor depart a Tittle from any Part of the Bill they have framed, which must pass as it is without Alteration or Amend- ment, or the Country sink. They will not think of any Ways or Means, such as the Governor hath recommended to them, or many others that are used in our Mother Country, and many of the Colo- nies to raise Money to supply the present Exigencies, or to make good any Deficiency that may happen under the Bill as proposed to be amended by the Governor.
" The Fourth, Fifth, and Sixth Answers to the Governor's Rea- sons are too trifling to require any Remarks upon them, and shew in general the aversion the Assembly have to any Amendments to their Bills from the Governor, however just and well founded.
"5. In their Answer to the Governor's Seventh Reason, they seem to be much concerned least the yielding to that Objection should involve the Governor in too much Trouble, and engage too much of his Time; But this every one must see is a meer Pretence, and a feigned Shew of Regard which they have never discovered for the Governor on any other Occasion. Had not the Governor, for the publick Good and Security, been willing to submit to the Fatigue, he would not have made the Objection."
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At a Council held at Philadelphia, Wednesday the 16th March, 1757.
· PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
James Hamilton,
Benjamin Shoemaker,
William Logan,
Richard Peters,
Lynford Lardner,
Esquires.
Benjamin Chew,
John Mifflin,
Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
The Governor expressed his Satisfaction at seeing a full Council, and informed them that he had taken an Opportunity of conferring with Lord Loudoun on the Subject of the Money Bill, and after stating to him the Objections arising to it on Account of the Pro- prietary Instructions, and the Danger there was of the Provincial Forces mutinying for want of Pay; There being Four or Five Months Pay due to them, and no Money in the Treasury. His Lordship recommended to him to consider if any, or which of the Instructions could be given up; and promised, on receiving the Gov- ernor's answer, he would ask the same of the Assembly, and endea- vour to reconcile Matters, that there might be no longer Delay in raising the Sums necessary for the Defence of the Country and his Majesty's Service.
The Governor then desired the Council to consider his Lordship's Request, and enable him to draw up a proper Paper to be presented to my Lord of what could be given up by him in the present con- troversy. The Instructions, Papers, and Messages that any way related to the Subject were read, and long Discourse had thereon; and then Heads of the several Matters were agreed upon, and given to Mr. Chew and Mr. Peters to be digested and put into Form against to-morrow
At a Council held at Philadelphia, Thursday the 17th March, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Robert Strettell,
Benjamin Shoemaker, Esquires.
Richard Peters, Benjamin Chew,
The Minutes of the preceding Council were read and approved.
Mr. Chew and Mr. Peters laid before the Governor and Council a Paper, agreeable to the Instructions of yesterday, which was read,
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agreed to, after some few Alterations, and ordered to be entered, as follows :
" Propositions in Relation to the Money Bill now under the Con- sideration of the Governor of Pennsylvania :
" March 17, 1757.
" Ist. The Governor, for the Reasons assigned by him to the As- sembly, conceives that if an addition is made to the great Sums of Paper Money already struck in this Province, it will affect the Credit of the Money, and be attended with a numerous Train of ill Consequences ; to guard against which, other Colonies on the Continent have rather chose to borrow Money at a moderate Inte- rest, than endanger the Depreciation of their Money by two great an addition to its Quantity, which Example the Governor would recom- mend to the Assembly on the present Emergency. But if the As- sembly will not agree to this, and insist on Striking more Money, such is the distressed and defenceless State of the Province, that the Governor will accede to this Measure.
" 2nd. As the Governor is clearly convinced that the Tax cannot possibly be laid equally or proportionably, unless it is ascertained in the Bill, whether the Income or Capital Value of Estates shall be taxed, so that the Assessors may all have one certain Rule to guide them, he cannot wave that Objection.
"3d. Tho' the Governor cannot think it just that unimproved Lands which yield no annual Profit should contribute to the Tax, yet, if the Assembly will adhere to this Part of the Bill, the Gov- ernor must come into it, provided Care is taken in the Bill, that they are taxed in due Proportion with Lands that are improved, it being an undeniable Fact that, in many Instances under the late Laws, unimproved Lands have been rated higher than others that are well cultivated and improved.
"4th. The Governor thinks that no good Reason can be assigned against inserting the Mode of raising and levying the Tax, the Powers of the Officers, &ca., in the Body of the Bill itself, rather than to refer in these particulars to other Acts. The former is the most clear and certain, and therefore hopes the Assembly will not oppose it.
"5th. If the Assembly think the Publick sufficiently secured without obliging the Trustees to give new Security for the Money to be put into their Hands, the Governor will wave that Objection.
"6th. The Governor must insist, that all Orders drawn by the Provincial Commissioners shall be countersigned by him.
"The Governor, in Justice to himself, cannot but take Notice, that on his Arrival to the Government he received from the As- sembly, an Order drawn on the Provincial Treasurer, for Six Hun- dred Pounds, no part of which has yet been paid to him, tho' he
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has repeatedly demanded it. As the Governor is constantly em- ployed in the Business of the Government, to which he devotes his whole Time and Attention, he thinks it reasonable that some effec- tual Provision should be made for his Support in this Bill.
" 7th. The Assessors or Commissioners impowered to value Es- tates, the Governor apprehends ought to be more. in Number, in every County, and nominated in the Bill, agreeable to the Land Tax Acts of Parliament in England; and they should be chosen out of every Township in each County. At present they are elected by the People, without Regard to their Situation, and frequently out of one Part or Neighborhood, and cannot be presumed to be so good Judges of the Value of the Estates of those who live at a great Distance from them, as others who are less remote.
" 8th. The Assembly will not suffer the Governor to make any the least Alteration, or offer any Amendment to this Bill, it being a Money Bill.
"This is a new Claim of Privilege, set up by the House of As- sembly very lately; and is contrary to the constant Practice and uninterrupted Usage in the Province ever since the first Settlement of it; every Money Bill that has passed, having been amended by the Governor without the Assembly's complaining of it as a Breach of Privilege, as may appear from the Council Books, and the Votes of the House; it is, therefore, very extraordinary that the As- sembly should chuse so unhappy a Time as this, to dispute this Matter."
At a Council held at Philadelphia, on Monday the 21st March, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor. -
Robert Strettell, Richard Peters, 2 Esquires. Lynford Lardner,
Benjamin Chew,
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