USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 36
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The Council concurred with Mr. Peters that this was a most fla- grant Act of Injustice, and then proceeded to mention many other Objections, Viz : That such a Wanton Re-Emission of Paper Money at a time when we had a'ready Three Hundred and Eighty- five Thousand Pounds in Paper Money, would greatly Sink their Value. And He recollected that when the Eighty Thousand Pounds was first Struck the Money Sunk in Value from fifteen to twenty- five # Ct. And tho' the late Additions to the Currency had not yet affected its Credit, it was owing to the great Demands for Sup- plying the Army in America, but if a Peace should in a few Years be Concluded, it was evident the Bills of Credit must sink in their Value, to the ruin of Merchants, Widows, Orphans and others, who were supported by Money placed at Interest.
It was further urged that this was contrary to a Royal Instruc- tion founded on a warm Address of the House of Commons in the year 1740, and that it was Contrary to the Proprietary Instructions, which expressly forbid the Governor to Re-Emit Money for so long a Term.
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And lastly, that there was no necessity for a Re-Emission at this Time, the Bills having a Currency for Three years yet to Come. The Assembly, therefore, could have nothing else in view by the present Bill than to gain to themselves the sole Disposition of the Interest Money, which amounted to near Fifty Thousand Pounds, a Sum almost equal to what was proposed to be lent to Colonel Hunter.
The Governor reminded the Council of the several Letters re- ceived from his Majesty's principal Secretaries of State, and the Commanders in Chief of the Forces in America, and the Obliga- tions he was laid under to promote the King's Business. They knew as well as he, the Obstinacy of the Assembly, and that they would have things done in their own way or not at all. He was sorry for any injury that might be done to the Proprietaries, but their private interest was by no means to be put in Competi- tion with the Operations of the Campaign. After which his Honour ordered the Bill to be amended and made like former Acts in such Parts as related to the Proprietaries. And it was accordingly Amended and returned to the House with the Amendments, against the unanimous Advice of the Council, with the following Verbal Message.
The Governor returns the Re-Emitting Bill with Amendments, and a Letter from Mr. Hunter, desiring an additional Loan of Twenty-Five Thousand Pounds, and that the Term of Twelve Months may be allowed for the Repayment of the Seventy-five Thousand Pounds.
If the House inclines to grant this request, the Governor will chearfully concur with them in such further Amendments as this will require.
The Governor likewise lays before you a Letter from Brigadier General Stanwix, relating to raising two Troops of Horse, and ear- nestly recommends the General's proposals to the House.
"Amendments to the Bill Entituled 'an Act for Re-Emitting the Bills of Credit of this Province heretofore re-emitted on Loan, and for striking the further Sum of Thirty-Six Thousand Six Hundred and Fifty Pounds, &ca.'
"Page 44. Dele from the Word [the] in line 4 to the word [ap- point ] inclusive in Line 6, and instead thereof insert [as by Act or Acts of General Assembly of this Province hereafter to be made, shall be directed and appointed, and not otherwise.]
"Page 48. After the Word Practice in the 6th Line insert as follows, Viz: [And be it enacted by the Authority aforesaid, that the Bills of Credit, the Currency whereof is Continued by this Act, shall at all Times during their Re-Emission as aforesaid, that is to Say, until the Fifteenth Day of October, which will be in the year of our Lord, One Thousand Seven Hundred and Sixty-Nine, be
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accepted and taken by the Receiver General for the Time being, in discharge of such Quit-Rents as are now due, or shall become due to the Proprietaries of this Province on Grants of Lands or Lots which were made before the year One Thousand Seven Hundred and Thirty-Two, in like manner as is provided by an Act of Assembly Entituled 'an Act for the more effectual preserving the Credit of our paper Money, &cª.,' passed in the Twelfth year of the present Reign; and by the aforesaid Act passed in the Nineteenth year of the present Reign; and in Consideration of the Premises, the al- lowance of one Hundred and Thirty Pounds yearly, provided by the said acts, shall be continued and yearly paid as the said act directs, during the Re-Emission of the Bills of Credit aforesaid, that is to say, until the aforesaid Fifteenth Day of October, in the year of our Lord, One Thousand Seven Hundred and Sixty-Nine.] "WILLIAM DENNY.
"June 13th, 1759."
A Letter from General Stanwix to Gover. Denny.
" PHILADELPHIA, June 12th, 1759.
" Sir :
" Having considered your proposal to me this morning in regard to the Troops of Light Horse to be formed out of the Pennsyvania Provincials, so absolutely Necessary for his Majesty's Service, and particularly for keeping open the Communication between Fort Bedford and Pittsburgh, assisting in the Escourts of Convoys of Provisions, Stores, and Indian Goods, &c. : And whereas, last year the greatest part of the Horses, Saddles, and Briddles were lost, in my Opinion from the Campaign being extended to so great a Length, but am informed the Commissioners attribute the Loss to Carelessness or neglect somewhere; and as the Assembly may be willing to raise, at my so often repeated request, two Troops of Horse, at Fifty each Troop, provided the Province can, in the En- suing Campaign, be secured against such Carelessness and neglect, in order, therefore, that this so essential piece of Service may be provided for by the Commissioners of this Province, I am content that all the Horses shall be appraised at an average, and I will undertake for His Majesty, that all such Horses, except such as shall be killed or unavoidably destroyed by the Enemy, shall be paid for agreeable to the appraisement by indifferent persons ; the remainder, after the Campaign, I undertake shall be delivered into the Hands of Persons appointed for the Commissioners, who shall receive them at Fort Bedford, the first Post of the Pennsylvania
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Settlements on this side of the Allegheny Mountains, they giving receipts for the Same.
"I am, with the greatest respect & Esteem,
"Sir, Your most Obed. Hume Servant,
"JOHN STANWIX.
"P. S .- If any Horses remain that were in the Service last year, I desire they may be put into the Light Horse this Campaign.".
At a Council held at Philadelphia, Saturday the 16th of Juna 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Robert Strettell,
Richard Peters,
Lvnford Lardner,
Thomas Cadwalader,
Benjamin Chew, Esquires.
A Letter from Mr. Horsfield of the Fourteenth Instant was read, acquainting the Governor that Isaac Nutimas, a Son of Old King Nutimas, who many years past lived at Nescopecken, but since the War has moved up the River to Diahoga, came yesterday to Beth- lehem, and in Conversation related he was pretty sure that the Indians would not do any Mischief on the Frontiers of this and the Neighbouring Provinces, but that they intended if possible to take one or more Forts on this side Fort Duquesne, and if they succeeded in taking one of the strongest Forts, the expect then to get much Provision and Ammunition, and doubt not but Pittsburgh and every other Fort to the Westward will fall into their Hands. They did not (Isaac added) intend to take a Fort by force, but by Stratagem.
The Re-Emitting Bill being again sent to the Governor with a preremtory Message from the Assembly that they rejected the Amendments relating to the Proprietaries, the same was read in these Words.
" The Assembly's Answer to the Governor's Amendments to the Bill Entituled 'an Act for Re-Emitting the Bills of Credit of this Province heretofore re-Emitted on Loan, and for striking the further Sum of Thirty-Six Thousand Six Hundred and Fifty Pounds, &ca.'
" Page 44-Line 4 to 6. The House unanimously adhere to the Bill.
" Page 48, after the Word Practice, in the 6th Line. The House unanimously reject the Clause proposed to be added to the Bill."
In pursuance of Colonel Hunter's request to enlarge. the Time for redeeming the Bills of Exchange and Repayment of Money Lent, The House do agree to allow a Year, or Twelve Months, VOL. VIII .- 23 .*
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instead of Six Months, as it now Stands limitted by the Bill, and that the Bill be amended accordingly.
The further request of enlarging the Sum of Fifty Thousand Pounds is not agreed to by the House, who, in that respect, adhere to the Bill as it now stands.
The Matter was again Considered, and the Governor was advised to reject the Bill.
The Governor expressed great uneasiness at the disagreeable Situation he was in, being between his Duty to the King and People on one Side, and to the Proprietaries on the other Side ; and pro- duced a Letter from Brigadier General Stanwix, advising him to Pass the Bill.
It was observed that when this Letter was wrote the General could not be made acquainted with the peculiar Act of Injustice done to the Proprietaries, And that if he was informed of this he might withdraw his advice rather than be Accessory to so cruel a piece of Injustice. The Secretary was, therefore, ordered to ac- quaint the Brigadier General with this fresh Obstacle.
It was observed by all the Members that such Letters from General Officers would not Authorize the Governor to give his As- sent to Acts which were unjust in themselves, and hurtful to the People, or justify him in breaking his Instructions from the Pro- prietaries. But the Governor was of a different Opinion.
The Governor acquainted the Council that the Bill for recording Warrants and Surveys, &cª., was returned to him, with a Message · from the House, and a proposal of such Additions and alterations - as they presumed would take off all Objections to it, which were read in these Words :
" May it Please your Honour :
"In pursuance of your Message of the Thirteenth Instant, we have taken under our Consideration the Observations your Honour has been pleased to Send down with the Bill Entituled 'an Act for Recording Warrants and Surveys, &cª.,' and have made the Addi-' tions and alterations herewith transmitted, which we presume will take off all reasonable Objections; and as the Bill is of the utmost Importance to the Freeholders of this Province, we return it, and desire you will be pleased to give your assent to it as it now stands. "Signed by order of the House. "ISAAC NORRIS, Speaker. . " June 14th, 1759."
"Amendments to the Bill Entituled 'an Act for Recording War- rants and Surveys, &cª-, and for rendering the Real Estates and Property within this Province more Secure.'
" Page 4, Line 4. After the Word [aforesaid] insert [the same being first acknowledged by the Surveyor or his Deputy by whom
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made, before, one of the Justices of the Peace in this Province, which Acknowledgement the said Justices are hereby authorized and empowered to take. ]
" Page 5, Line 13. After the Word [which] insert [ought to have been returned and lodged in either of the said offices and.]
" Page 14, Line 2d. After the Word [shall] insert [deliver a true Copy of such Survey to the Person or Persons so requesting the same, and.]
"Page 14. Dele the Word [the] in the 4th line, and Lines 5, 6, 7, and instead thereof insert after the Word [into] [the Surveyor General's Office, under the Penalty of Fifty Pounds, and the said Surveyor General shall, and he is hereby enjoined and requested to examine and correct the Same, and within Twenty Days after he shall make or receive such Return shall, under the Penalty of Fifty Pounds, transmit and deliver over the same Survey so corrected to the Officer appointed by Virtue of this Act, that the same may be recorded in manner aforesaid. ""
These alterations proposed by the Assembly were compared with the paper of Observations laid before the House, and It was found that they were trifling, and in every material part left the Bill just as it was. The Governor desired that the Assembly's Message and proposed alterations might be Communicated to Mr. Coleman and the other Gentlemen for their Judgment thereon.
Mr. Chew, to whom the Consideration of the Bill for the Relief of the Heirs, Devisees and assigns of Persons born out of the King's Legience, &ca., was referred, reported that by Law an Alien had a Power to Purchase Houses, Lands and Tenements in Fee, and had a Capacity to take but not to hold the same, but they be- came escheatable and forfieted on an Office found; and that the End of the Bill was to take away the Right of such Forfieture and vest the title in the Devisees or Grantees of Aliens' Lands within this Province. The Governor alledged that Foreigners had been induced to come and settle here in Expectation of having their Es- tates, tho' Aliens, made good to them and their Heirs, and that such a bill would be a very great Encouragement for them to. Con- tinue to come over and Settle in the Province, & directed the Seo- retary to return the Bill with a Message to the House, that he as- sented to it and would enact it into a Law, when it should be pre- sented to him for that Purpose.
The Secretary likewise delivered to the House the Bill Entituled " an Act for the more Effectual Suppressing and preventing of Lot teries and Plays," with the following Amendments :
Page 1st. Dele from the Word [Philadelphia] in the 3d line to the Word [to] in the 9th Line, and instead thereof insert the Words [which tend].
Page 8, Line 5. Dele the Words [passing of this act ] and instead thereof insert the Words [The first Day of January which will be in the Year of our Lord One Thousand Seven Hundred and Sixty ].
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A Message was delivered to the Governor in Council by two Members, acquainting him that the House had agreed to the. Amend- ments of the Bill against Lotteries and Plays, and that this Bill and the Bill in favour of Aliens were engrossed. That the House desired to know his Result on the other Bills before him, and that all Business might be finished this afternoon, as it was very in- convenient at this Season for the Country Members to be absent from their Farms. The Governor told the Members it was impos- sible to go through the Business before him to-day, but that he would give it all the Dispatch in his Power.
MEMORANDUM.
On the Seventeenth of June, Mr. Peters reported to the Gover- nor that he had made Brigadier General Stanwix acquainted with · the Injustice that would be done to the Proprietaries by the Assem- bly's rejecting the Governor's Amendments; And that he expressed great Concern at the Assembly's Obstinacy. That he had fre- quently, both at the time and since General Amherst was here, en- deavored to Convince them of the unreasonableness of insisting on · gaining Points from the Proprietaries, and extorting Rights from the Government in their Supply Bills, And that such Conduct was an abuse of the Power placed in them by the People. But they told him plainly that this would, in all likelyhood, prove the last Campaign, and that they should never have such an Opportunity again, and therefore let the Consequence be what it would, they would not pass a Bill unless they could at the same time obtain what they thought just against the Proprietaries, and preserve such Powers and Privileges as they knew they were entitled to, and the Proprietaries wanted to deprive them of. General Stanwix added he was sensible they had no regard to the Crown in what they did, and that he always had and would hereafter set this matter forth to the King's Ministers in its true Light, that these Acts of Injustice (which the Governor was obliged to do out of regard to the King's Service) might not be confirmed.
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At a Council held at Philadelphia, Monday the 18th of June, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell, Benjamin Shoemaker, )
Joseph Turner, . Richard Peters,
Lynford Lardner.,
Benjamin Chew,
Esquires.
Thomas Cadwalader,
The Governor informed the Council that he was pressed by the Assembly for his result on the Re-Emitting Bill.
That he had collected the Letters of the Secretaries of State and of the Several Generals, and he desired they might be read, or such parts of them as related to Supplies, and after those were read, the Governor observed that he could not help considering himself as laid under express Commands by His Majesty to forward, not im- pede the General Service. That he had heard at divers Times, much said by the Council in favour of the Proprietaries, But they had observed a remarkable Silence as to the King's Letters which were sent to him from time to time by the King's Ministers and Generals ; That the Council ought to Remember that Loyalty and Obedience was due from them to the King, as well as a regard to the Proprietaries.
The Council Expressed much Surprize at such unmerited Treat- ment from the Governor, and declared that his insinuations of the wanting Zeal for the King's Service had not the least Foundation, for they had on all occasions heartily concurred with the Governor in pressing the Assembly to pay the most Dutiful Regards to the Kings's Commands signified by his Ministers, and in promoting any demands made by His Majesty's Generals, and they had in their respective Stations devoted their Time and Trouble without Fee, or reward, to forward the Service all in their Power, and this was the first time they were charged, or ever Suspected, of Want of Loy- alty to the best of Kings, and it was the harder as it came from the Governor, who they had heard and believed was determined to Pass the Bill, not so much from regard to the Letters from the Generals or Ministers as from other Causes which were well known. They had indeed said, and do still say, that the Governor cannot stand excused in establishing Injustice by Law.
The Governor was pleased to repeat what he said before, and then declared he would pass the Bill, upon which Mr. Chew read a protest in the name of the Council that had been drawn up and approved by the Members before the meeting of the Council, on their having heard it wa's said, by some of the Members of the Assembly, that they were sure of the Governor's Assent, and that he had privately stipulated with them for that purpose on certain
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Terms agreed on between them, and the Governor Answered that the Report was false and Scandalous.
The Governor was Pleased to take notice of that part of the Protest where the Tack is mentioned, and said it was a shameful thing, and could wish a proper Message might be drawn to be laid be- fore the Assembly, but the Council desired to know if the Governor would adhere to such Message, and on his Honours answering that he could not tell what he should do if it should be rejected by the House, The Council declined drawing any Message.
The Governor demanded of Mr. Chew the Paper of Protest, which he had read ; and was Answered that it was only a rough Draught, but he would transcribe it and then deliver it to the Clerk of the Council after having delivered a fair Copy thereof to the Secretary ; the same was read, and it follows in these Words :
" The Council Protest against the Governor's Assenting to the Bill Entituled an Act for Re-Emitting the Bills of Credit of this Province heretofore re-Emitted on Loan &cª., for the following Rea- sons, viz *:
" Ist. Because the great Quantity of Bills of Credit that have- lately been struck in this- Province for his Majesty's Use, to the Amount of Three Hundred and Eighty-five Thousand Pounds, suf- ficiently Answers all the Purposes of Trade and Commerce, for which End alone the use of Paper Money was first invented, and 80 great an Addition as Eighty Thousand Pounds at this Time would greatly endanger the Credit of our Money. It is well known that after the above sum of Eighty Thousand Pounds was first emitted,. our Money sunk in its Value from Fifteen to Twenty-five # Ct-, and 'tis evident that its Credit must diminish in the .ike Proportion upon the Increase in its Quantity.
"2dly. For that by the Act of the Nineteenth of His Present Majesty, Part of the Bills of Credit thereby directed to be re- Emitted on Loan, will be Current for more than Three Years yet to come; and in the Mean Time the Quotas which Yearly ought to be sunk by the Trustees, would reduce the Quantity of such Bills, and in Case of a Peace within that Term there would be less danger of the Rise of Exchange and Depreciation of our Paper Money, to the Ruin of Orphans, Merchants, and Trading Part of this Province, and Great Injury of the English Merchants, who would thereby. be very much affected.
"3dly. Because the Bill for re-Emitting, &cª", hath not a Sus- pending Clause till his Majesty's Pleasure shall be signified therein,. according to a Royal Instruction sent to the Governor of this Pro- vince in the Year One Thousand Seven Hundred and Forty, in Con- sequence of the Address of the Honourable House of Commons, which said Instruction appears by the Opinion of the late Dr. Dud -. ley Rider to extend to in and to be yet in Force.
"4thly. For that by the Bill, the Interest Money arising on the. Loan of the Eighty Thousand Pounds is to be disposed of by the
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Assembly only; and the Governor, who is the King's Representa- tive here, and a Branch of the Legislature, is excluded from any share in the Disposition thereof. We look upon such a Power, lodged in the hands of the People's Representatives, to apply and dispose of Publick Money without Controul, to be inconsistent with the Principles of an English Government, and to have a most dan- gerous Tendency. The Assembly of this Province never exercised or claimed such a Power till it was granted them by a Law passed by Governor Keith, which has been Continued to them by Tem- porary Acts down to this Time; But the Assembly have of late in so many Instances abused that Power, and Wantonly dis- pensed with the Law, that it is high Time to curb them in a Mat- ter of so much Importance ; many Instances of their Abuse of this Power might be produced ; one is Manifest on the Face of the Pre- sent Bill, by which it appears that no more than One Thousand Six Hundred and Fifty Pounds is to be struck Compleat. The Eighty Thousand Pounds re-Emitted by the Act of the Nineteenth of George the Second, No more then than One Thousand Six Hun- dred and Fifty Pounds has yet been sunk by the Assembly, altho' by the First Act the Sum of Twenty-Six Thousand Six Hundred and Sixty-Six Pounds, Thirteen Shillings and Four pence, ought to have been burnt and destroyed in October last, so that Twenty-five thousand and Sixteen Pounds, Thirteen Shillings and four Pence is mow circulating against a Positive Law.
" 5th. The several Accounts of the Emissions and Re-Emissions of our paper Money, which are very perplexed, ought to be regu- dated and settled before any new Emission, if hereafter it should be necessary, otherwise from Length of Time and the Intricacy of so many mixed transactions, such Confusion must arise as will render at impossible to be done.
" 6th. Because by this Bill no Provision is made to Pay the Troops ; a yearly Sum out of the Interest Money is an equivalent for his receiving the Bills of Credit at Thirty-Three and one-third for his Quit-Rents due to him in Sterling, as the Assembly have here- tofore thought themselves Obliged in Justice to do by the Acts of the Twelfth and Nineteenth of George the Second.
Lastly. These Protestors cannot help observing on the Extraor- dinary Conduct of the Assembly in lately rejecting, by a great Ma- jority, the Proposal of Sending to the Agent, and to the Contract- ors, to the Right Honourable the Lords Commissioners of His Majesty's Treasury a Sum of Money for His Majesty's Service, and their now tacking a Bill Purpose to the Above re-Emitting Act; The Assembly seem determined to take Advantage of the present Distresses of the Province and the Critical Situation of the Publick Affairs, and will not Send the Money required for His Majesty's Service unless they can at the Same time gain an undue Power to themselves. These Protestors should most Zealously and chearfully concur in advising the Governor to Pass a seperate bill to lend any.
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Sum of money to the Contractors to forward the present Expedition to the Westward, but they conceive the tacking of Bills to be un- parliamentary and of very evil Tendency, and think themselves for the above Reasons obliged in Duty to advise the Governor to reject the whole Bill."
In the afternoon the Governor returned the Bill with a Message' that he withdrew his Amendments, and would pass it when pre- sented to him for that Purpose.
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