USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 48
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PROVINCIAL COUNCIL.
"5,000 Acres were also set down as proprietary appropriated Lands near the Town of Carlisle, 3,000 Acres whereof, were rated at One hundred Pounds pr. Hundred.
"64 Lots in the Town of Carlisle were set down as belonging to the proprietaries, and they rated eight of them at One Hundred Pounds each, and the rest at Fifteen pounds each.
" 146 Lots were returned as belonging to the Inhabitants, and a rent of seven shillings Sterling pr. Lot rated to the Proprietaries.
"The Tract in east pennsborough Township was set down as containing 10,000 Acres, and rated at Seventy-five Pounds pr. Hun- dred, and they charged the said Yearly Interest respectively of the Capitals of all these appropriated Lands and Lots, with the Like tax of Six Shillings in the Pound for the five Years.
"And the proprietary Tax upon the above Estimate amounted to Seven Hundred and eighty-seven Pounds ten Shillings, for the Five Years.
" Against which Assessment we remonstrated to the said Com- missioners and Assessors, on the part of the proprietaries, that such Lands as were not confirmed by Patent, were held by those who were seated on them, either by a Warrant and Survey only, or by Persons who had sat down upon them as Volunteers without any claim or pretence of right at all ; and that in either Case it would be most unjust to Tax the Proprietaries for the Quit Rents or pur- chase money supposed to be of right due to them from such TenantE.
"First, with regard to such Lands as had been surveyed by Virtue of Warrants obtained from the Proprietaries, We observed that it was evident from the Nature of the Contract and from the terms of the Warrants themselves, that no legal Estate vested in the Gran- tee, until a Confirmation was made by a return accepted into the Secretary's Office, and a patent issued in Consequence of it. Till this is done the Agreement is Execitory only, so that the Proprie- taries can bring no suit at Law to recover either the Quit Rent or purchase money agreed to be paid at the time of obtaining the Warrant. In this view of the Matter, it is clear that the Quit Rents and purchase money due to the Proprietaries upon these Lands, are nominal only, and depend on the Contingency of the Tenants going at Some time or other, perhaps not for twenty Years to come, and of their own accord, paying the purchase Money and arrears of Quit Rents from the Warrant and survey, and that we conceived it was a case unprecedented, inconsistent with the principles of common Justice, and by no means the intent of the Legislature to tax any person for an Estate or Interest to which we had not a certain right and Title.
"Secondly. We insisted that if the purchase money due on such Lands could be justly consider'd as a Certain debt to the Proprie- taries, which they might at any time sue for and recover, yet such purchase money was not liable to be taxed at all, because they very Tenants from whom such purchase money is due, are themselves
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taxed for the Land, and by this means a Tax would be twice paid for the same thing, viz": first for the Land, and Secondly, for the consideration Money given the Seller by the Buyer, instead of the Land.
"And further, that we were well informed the Assessors in Taxing the People had not made it their practice in the said County of Cumberland or any other County, to tax both the seller and buyer in the manner they have done here with the Proprietaries, who, by the express direction of the Act of Assembly, are directed to be Taxed in the same manner as the People.
" Thirdly. We contended that if it was admitted for Argument sake that the proprietaries ought to be Taxed for such purchase money, yet they could not with Justice be Taxed with the whole sum of Fifteen pounds Ten shillings pr. Hundred, because the Sum of Five pounds was always received from such purchaser before he could obtain a Warrant, so that in no case more than Ten pounds ten shilling of such purchase money was due to them. The Asses- sors have, therefore, Taxed the Proprietaries for the Interest of five pounds too much on every Hundred Acres, and of as much more as has been paid of the purchase Monies over and above the Five pounds.
" Fourthly. We informed the Commissioners and Assessors, that the proprietaries, in compassion to the distressed Circumstances of Those Tenants who were seated on Lands in Antrim and Peters Townships and the other Frontier Townships in Cumberland County, who, from the late Indian Ravages, had been drove from their Settle- ments and suffered great hardships, had signified to us an Intention to remit the Interest and Quit Rent due from them from the time that the Incursions began ; that these frontier Inhabitants had been exempted by the Commissioners and Assessors from all the publick Taxes for the last five Years, and if the Proprietaries were now obliged to pay Taxes for the purchase Money and Quit Rents due for such Lands, it would probably induce them to withhold the charitable Donation they intended to make to such Frentier Inhab- itants, and insist upon the full payment of such arrears, besides it was very unreasonably that the Proprietaries should pay a Tax for Quit Rent and purchase Money for Lands where the Tenants, from the particular Circumstances of their Situation, had been ex- empted.
" Fifthly. That with respect to such Lands as the Proprietaries had never granted by Warrant or otherwise, but were seated and occupied by persons who had no pretence of right and were properly to be consider'd as Trespassers, there could not be the least shadow of reason or Justice to Tax the Proprietaries for purchase Money or Quit Rents thereon ; That the Commissioners and Assessors had, moreover, in this part of Their Conduct, acted directly contrary to the Act of Assembly passed in the 29th Year of his present Ma- jesty, for granting the Sum of Sixty thousand Pounds for the
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PROVINCIAL COUNCIL.
King's use, to which all the subsequent Acts for Granting Supplies to his Majesty refer, whereby it is expressly enacted that all Settlers on Lands, without Title and not the real Owners, shall pay all Taxes for them.
" We further remonstrated that the Tract of Land lying in East Pennsborough Township, charged to the Proprietaries for 10,000 Acres, did not contain more than 7,000 Acres, of which 1,000 Acres were in the Hands of the Assigns of Peter Chartir, a Sha- wonese Indian, and Tobias Hendricks, who takes care of the Tract, and who have paid the full Tax for it, and that this Tract being formerly surveyed for, and Offer'd to the Shawonese Indians for their Convenience and habitation, in order to draw them from the Ohio, in the Neighbourhood of the French, where they had them lately settled (tho' they had not hitherto accepted of the Offer), ought not to be taxed, since it was still reserved for the use of these Indians, whenever they should choose to remove there.
" After making these objections, we desired the Commissioners to reconsider the Tax, and make such Abatements as we conceived the Proprietaries were justly intituled to, and we were in hopes that they would have done so, but we find ourselves much disappointed, for on. the 27th February, Mr. John Smith, Member of Assembly for the County of Cumberland, acquainted us that He had brought a Duplicate for the Proprietary Taxes for the Year 1756, '57, '58, '59, & 1760, to be laid before the Assembly, as adjusted by the Commissioners of that County, after our Appeal, amounting to £550 19 10, and was so kind as to Give us a Copy of it; Whereby it appears that the Commissioners had no other regard to our re- monstrance than To make an Abatement of three Years on 20,000 Acres, which, on a random Computation, unsupported by any re- turns, they supposed were held without Warrants, and why the abatement was made for three Years only, and not for the Five, seeing that it does not appear that the Lands are any ways Taxable at all, we cannot comprehend. To deduct 68 Lots in the Town of Carlisle, which they, on enquiry, found had been lately granted away by the Proprietaries, and to lessen the Quantity of the afore- said Tract in East Pennsborough- Township, from 10,000 to 6,000 Acres:
"For your Honour's Satisfaction, we have annexed Copies of the two Assessments, and as we conceive this Taxation to be unjust, and contrary to the Spirit and Intent of the late Act of Assembly, and may be made a precedent of in future Taxes, as well in the other Counties as in the County of Cumberland, We thought it our duty to lay this State of the case before your Honour, for your se- rious consideration, that in case any Taxes may be hereafter neces- sary to be raised, proper provision may be made by Law to prevent, for the future, the like acts of Injustice done to the Proprietaries. "RICHARD HOCKLEY, "RICHARD PETERS.
"Philadelphia, 1st March, 1760."
DR. The Honble., the Proprietaries of the Province of Pennsylvania, to their proportionable parts of one -sixpenny, One twelve penny, and three-Eighteen penny Taxes, levied and raised in the Years 1756, '57, '58, '59, and 1760, as by several Laws directed for his Majesty's Service.
1 TOWNSHIPS.
Lands returned
by ye Inhabi-
tants.
Lands not pa-
·Proprietaries'
Lots retdi by ye
Inhabitants.
Proprietaries'
Tax.
Lots.
Rates.
&SD
Peters' Township,
28,180; 19,320
210
60
63
2 0
Antrim,
23,128| 16,298
169
52
91
Hamilton,
11,635
10,835
104
31
7 7
Gilford,
7,320
6,620
64 11 6
19 7 5
Lurgan,
28,675
26,275
255 2 01
76 10 71
Hopewell,
14,855
12,445
124 17 6
37 9 3
West Pennsborough,
18,442
16,642
162 15 0
48 16 6
of the Tax,
550 19 10
Middleton,
18,568
16,468
§ 800 acres value 1|00p. 6s. 4,367 do. do. @ 25
184
63
233 13 6 67
20
East Pennsborough, Allen Town,
14,140
9,940
6,000
value at 1 75p. 6s.
58 13
17 11 9
£615 11 4
£ 615 11 4
The above is a fair Duplicate, as furnished by the Assessors, & by us compared and adjusted, Amounting to Five Hundred and Fifty Pounds nineteen shillings and ten pence.
Errors excepted.
Pr. THOMAS WILSON, WILLIAM BUCHANNON, S
Commissioners.
To the Honourable Ren ppresentatives of the Freemen of
of the Province of Pennsylvania in General As.
issembly now sitting:
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291 7 0 83 2 0
Carlisle,
395 18 8 118 13 2
8,593|
5,054
By abatement on 20,000 Acres, es- timated to be un- warranted among the Lands return- ed by the Inhabi- tants of ye county three years abate- ment,
56 11 0
By 68 Lotts in
Carlisle, lately Granted,
8 6
Ballance or Amot.
tented.
Lands.
To the Honourable Representatives of the Freemen of the Province of Pennsylvania in General Assembly now sitting: CUMBERLAND COUNTY.
The Honourable, the Proprietaries of the Province of Pennsylvania, their Proportionable part of One 6dy., One 12dy., and eighteen penny Taxes, levied and raised in the Years 1756, 1757, 1758, 1759, and 1760, as by Several Laws directed for his Majesty's Service.
TOWNSHIPS.
Acres of Land
returned by ye
Inhabitants.
Lands not pa-
Proprietaries'
Lotts returned
by ye Inhabi-
Proprietaries'
Lotts.
Rates.
£SD
Peters' Township,
28,160
19,300
£267
£80 29
Antrim,
22,300
15,470
213
63 18 0
Hamilton,
12,285
11,485
145
43 10
Gilford,
7,800
7,100
90
27
Lurgan,
27,820
25,100
325
97 10
Hopewell,
16,065
13,665
177
53 2
West Pennsborough,
18,544
16,744
213
63 18
Middleton,
16,787
14,693
5,000
324
97
4
Carlisle,
146
64
205
61 10
East Pennsborough, Allen,
13,865
8,665
10,000
605
181 10
7,689
4,150
62
18 12
£787 16 0
477
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PROVINCIAL COUNCIL.
Tax.
tented.
Land.
tants.
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The Governor then informed the Council that he had received the supply Bill from the House, with a verbal Message, desiring it might be passed as it was presented, without any Amendment; and that he had prepared a Message thereupon to the House, which was read and approved :
A Message from the Governor to the Assembly.
" Gentlemen :
"The Amendments which I proposed to the Bill intituled 'An Act for granting One Hundred Thousand Pounds, &c.,' appeared to me so just, and the reasons on which they were founded so obvious, that I flattered myself they could not fail of receiving your approba- tion.
" You may well imagine then that I was not a little surprized at having the Bill returned to me with a Message, that the House unanimously adhered to it, and had rejected all my Amendments ; but as I have no private Interest to favor, at the Expence of the Public, or any thing more in view than to act uprightly and sin- cerely with you upon all occasions, I have thought it not improper to communicate to you the particular Motives which induced me to offer those Amendments.
" In all Laws, and more especially those by which Taxes are to be imposed upon the people, precision and perspicuity are chiefly to be regarded ; the Estates intended to be made liable to Taxation, as well as the Mode and manner of Assessing them, should be so clearly ascertained as not to subject the People to injustice from the Officers appointed to carry them into execution either by their misapprehending the Laws or putting different Constructions upon them.
" On considering the first enacting clause of the Bill, the Rules laid down for assessing the real and personal Estates of the Inhabi- tants appear'd to me to be liable to the above mentioned Objections, and I was induced to propose the first Amendment (which does not otherwise differ from what I conceive to be the Intention of the Bill, than as it is more clear, full, and Certain) that it might not be defective in so very material a part of it. And although it may be more immediately your Concern to take care that equal justice be administer'd to all your Constituents, yet I cannot but look upon it my duty, also, to point out to you any thing that occurs to me, which may tend to their Advantage.
""Tis the essence of free Governments that the money raised for publick services should be assessed equally upon all ranks and Conditions of men, otherwise the highest injustice may be com- mitted under the Sanction of Law. And were there no other reason to support the second Amendment, by which Commissioners are especially appointed to hear and determine Appeals that may be brought before them in Behalf of the Proprietaries, in cases where
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PROVINCIAL COUNCIL.
they Conceive themselves to be aggrieved by the Assessments of the County Assessors, than that such Assessors do not represent the Proprietaries, but the people only, who elect them, I should look upon myself to be sufficiently justified under an English Gov- ernment in offering, and insisting on so just an Amendment, but the injury that I am informed has been done to the Proprietaries, by the Assessors and Commissioners in their last year's Assessment in the County of Cumberland, adds strength to the argument, and loudly demands that some new method be fallen on to guard them against the like Oppression for the future.
" I have lately received a written representation from the proprie- taries' Secretary, and receiver General, containing the particulars of this Fact, and have ordered it to be laid before you, on examining which, I am persuaded you will be convinced the Proprietaries have been very hardly dealt by, being, in some cases, taxed for a sup- posed Interest or property, which may, or may not, arise to them on future Contingencies, in others at Random, and upon conjecture only, and in other Cases contrary to the Intention of the Law, and where the people are not taxed in the same Circumstances.
" Nothing, Gentlemen, is further from my thoughts than to desire that the Proprietaries' Estate should be exempted from paying a proportionable part of the supplies for the current service ; . all I contend for is that they May be put upon an equal Foot with others, and Burden'd with no more than their just proportion of Taxes, and in this I cannot doubt but you will concur with me. If, there- fore, the above Amendment is likely, in your Opinion, to answer this good end, I hope, on reconsidering the Matter, you will accede to it. Or, if on the other Hand you can sufficiently remedy the Evil complained of, by pointing out some better Method, I shall very readily embrace it, but I cannot see how you can reasonably expect that I, who am entrusted with the care of the Proprietaries' property, can give my assent to a Bill by which it may be sp inju- riously treated, and by which so unequal a Burden may be laid upon it.
" I was led to propose the several other short Amendments, Gen- tlemen, to make the Bill consistent with itself, which at present it seems not to be, for whereas, in a former Clause of the Bill, it is directed That the Provincial Commissioners shall dispose of the money thereby given for his majesty's Use, with the Consent and Approbation of the Governor; in subsequent Clause, which imme- diately follows, that Consent & approbation is Entirely annihilated and taken away, as the Trustees of the Loan Office are thereby re- quired to pay all Orders which the Commissioners (only) shall draw upon them, and all draughts and Certificates which have been made by the Assembly upon the Provincial Treasurer for Services done to the Publick, which yet remain unpaid, without the Gover- nor's approbation being made at all necessary to the payment of those Orders & Certificates, or without his being so much as made
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MINUTES OF THE
acquainted with the Nature of services for which payment is de- manded, or whether they are properly chargeable to the Fund there- by granted to his majesty.
"This contrariety, Gentlemen, had, I presume, escaped your no- tice, and that it could not have been your intention to deprive your Governor of Constitutional Right of sharing, at least, in the dispo- sition of all publick money raised for the King's Service.
" Upon the whole, Gentlemen, I have ordered the Bill to be again laid before you, and desire you will reconsider the Amend- ments, and the reasons now offered, with that care and attention which their importance requires, and that you will acquaint me with the result of your deliberations as soon as possible.
" April 2nd, 1760."
"JAMES HAMILTON.
At a Council held at Philadelphia, on Tuesday, the 8th of April, 1760.
PRESENT :
Benjamin Chew,
Richard Peters, Lynford Lardner, , Thomas Cadwalader, S Esquires.
A Bill entitled " an Act to enable the Owners of Meadows at Point-no-Point, to keep the Banks, Dams, Sluices, and Flood-gates in repair, &c.," was read and agreed to.
The Governor acquainted the Council that the supply Bill was again returned to him, with a Message, requesting he would be pleased to pass it as it stood, and desired they would give him their Advice, and after long consideration, they advised the Governor to pass the Bill, with a message, setting forth his Reasons for so doing, and thereupon the Governor sent the Secretary to the House, with the following Verbal Message :
" Mr. Speaker :
" I am commmanded by the Governor to acquaint the House that he observes in the supply Bill now before him, a Clause to the fol- fowing effect, viz : That the Trustees of the Loan Office shall, and they are hereby authorized and empower'd, out of the Monies arising by virtue of this Act, to pay and discharge all such Certi- ficates and draughts, as have been heretofor made by Order of As- sembly to the provincial Treasurer, for Services done the Publick, which yet remain unpaid, through a deficiency of Money in the Provincial Treasurer's Hands, and desires to be informed what the sum total of those Certificates and draughts may amount to, and likewise the Services for which they were made and given."
The Bill to enable the owners of Point-no-Point Meadows, &cª. was returned at the same time, with the Governor's assent thereto.
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PROVINCIAL COUNCIL.
The Supreme Court being to sit in day or two, the Governor thought proper to issue Commissions to Mr. Allen, Mr. Growden, Mr. Coleman, to hold their Offices of Judges of the supreme Court, Quamdui to benejesserunt, agreeable to the law passed by the late Governor Denny.
On the 10th April the secretary returned the house the supply Bill with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" I was in hopes the reasons offered in my Message of the second Instant, in support of the Amendments proposed to the Bill for Granting to his Majesty the Sum of One Hundred Thousand Pounds, were so just in themselves, and so clearly and distinctly set forth, that they could not fail to have made the same Impression on your Minds which they had before done upon mine; And that conse- quently, as it is a Bill of very great importance, both to the Pro- prietaries and people, you would at least have adopted so many of those Amendments, which I am sure no body can think unjust or unreasonable, as that I might have given my Assent to it with pleasure.
" I must own, therefore, I was much grieved at receiving back the Bill from the House with a short Message only, That they ad- hered to it, without offering a Single Argument either to establish their own opinion or to invalidate mine.
" Can you think it a Small thing, Gentlemen, for one in my Sta- tion to give his Assent to a Bill by which many of the legal and most essential rights of Government are wrested from him and transferred to Commissioners of your own Nomination and Appoint- ment, By, which his constitutional right of approving at least of the disposition of all publick Monies, is taken away, and not even the smallest Check or Controul allowed him, upon the misconduct of others, or Misuse of the Powers intrusted to them ? And lastly, by which his Constituents, the Proprietaries of this Province, are deprived of that common and most valuable privilege of English- men, of being taxed by their own Representatives. And yet all these hardships are imposed upon me, and repeatedly adhered to by you, in the Bill now sent up again for my Concurrence.
" Whereupon I cannot forbear remarking to you, Gentlemen, that this kind of proceeding can neither carry a good Appearance with respect to Government in General, nor be attended with any real Advantage to the people you represent.
" I am sensible, Gentlemen, that there is an absolute Necessity for passing a supply Bill at this time, not only for enabling us to give the best assistance in our power towards effecting the great things his Majesty has in view for the Benefit of these Colonies, but for VOL. VIII .- 31.
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the particular security of our own Frontiers at this critical Junc- ture, when it is uncertain how soon and how nearly we may be affected by the hostilities renewed by the Cherokees with greater fury than ever upon the Southern provinces, and also for dis- charging the large Arrears of pay due to our provincial Troops.
"All these Considerations have had great weight with me, and have caused me to reflect with pain on the dangerous Consequences naturally to be apprehended from an adherence to my Opinion equal to that which you have shown to yours. And since I see you are determined against any such Alterations in your Bill as may make it consistent with my Notions of right, I must be content upon the present Occasion (rather than his Majesty should be de- prived of the Aids thereby granted to him) to yield to the neces- sity of the Times, and give my Assent to a Bill by which not only the Estates of the Honourable Proprietaries may be greatly injured, but the just and legal Powers of Government Certainly will be very much prejudiced and wounded.
"I am therefore to declare to you, Gontlemen, that moved by the above mentioned Considerations alone, I am ready to pass the supply Bill whenever you shall present it for that purpose. I am also to desire that this may be done as soon as possible, the season being already far wasted, and the General impatient to know the issue of our proceedings, that he may take his Measures accord- ingly.
"JAMES HAMILTON.
"April the 10th, 1760."
At a Council held at Philadelphia, on Friday, the 11th April, 1760.
PRESENT:
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Lawrence Growden, Richard Peters, 1 Esquires.
Lynford Lardner, Benjamin Chew,
Thomas Cadwalader,
A Bill to enable the owners of Greenwich Island to embank and drain the same, to keep the Banks and Dams in Good repair for ever, and to raise a fund to defray the expence thereof, was read ' and approved.
A Bill to prevent the hunting of Deer and other wild Beasts be- yond the Limits of the Land purchased from the Indians, by the Proprietaries of this Province, &c., was read, and some Amendments made thereto.
A Bill for regulating the Officers and Soldiers in the pay of this Province, was read and agreed to.
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PROVINCIAL COUNCIL.
A Letter from Mr. Ponneal, Governor of Massachuset, informing him of a great fire that had lately happened at Boston, and desiring that he would be so good as to recommend it to the people under his Government to assist in relieving their distressed fellow Subjects, and that he would cause what may be collected on this occasion, to be remitted to the Select men and overseers of the poor of the Town of Boston, was read and ordered to be laid before the House, with the following verbal Message, viz' :
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