USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 52
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" If, may it please your Honour, the people of Pennsylvania have any Privileges at all, that of granting Aids to the Crown in such manner as shall appear to them just and reasonable, is their un- doubted right. This privilege we hold it our indispensable Duty, as far as in us lies, to preserve Sacred and inviolate ; And however our predecessors have been heretofore Obliged, through the most pressing Necessity, when the Cruellest Devastations was in the Land, and his Majesty's Colonies in imminent Danger, to wave it for a Time, yet, now that Necessity is removed, we cannot consent to impose fresh Burthens on the people, without some Probability, at least, that the unjust Opposition which the Supplies heretofore granted, have met with, will be waved, and the Aids offered ac- cepted. We dare not, Sir, issue Bills of Credit to the Subject as bills of real value, when their value is most uncertain and precarious.
" These reasons, may it please your Honour, prevail on us at pre- sent to decline acceding to either of Your proposals of paying the Troops detained by the General, longer than the Time limited by the Law, or of Supporting Garrisons in the Forts Augusta and Al- len ; but as you have thought it expedient to keep up the Latter 'till now, we are desirous you Should fulfil your engagements with them, and pay them off to the time of their Discharge, which we request may be with all convenient Speed.
" Signed by Order of the House,
"ISAAC NORRIS, Speaker.
" January 9th, 1761."
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At a Council held at Philadelphia, on Wednesday, the 21st of Jannary, 1761.
PRESENT :
The Honourable JAMES HAMILTON, Esqr-, Lieutenant Gov- ernor.
Benjamin Shoemaker,
Joseph Turner,
Richard Peters,
Lynford Lardner, Esquires.
Benjamin Chew,
Tho". Cadwalader,
The Governor having received from the proprietaries on Mun- day, by the Foy Man-of-War, a Letter directed to them from the right Honourable The Lords of the privy Council, Notafying his late Majesty's death, and inclosing a form for proclaiming his present Majesty, and likewise a Royal Proclamation for the Contin- uance of Officers in America, together with the Royal Order and Instruction for the Alteration of the Litargy, the same were read. The Judges, Magistrates, Gentlemen in publick Office, and other principal Inhabitants having Assembled at the Governour's House agreeable to notice, proceeded to the Court House in the following Order, viz *:
The Governor between the Mayor and Recorder.
The Chief Justice and Members of Council.
The Members of Assembly.
The Clergy and the Magistrates.
The Common Council.
The Merchants and Other Gentlemen Inhabitants of the City.
The Governor and Company being arrived at the Court House, they were received by all the Officers of the Army now in Town, tegether with a party of the Royal Welsh Volunteers under Arms, Commanded by Capt. Hining, who were drawn up in the front of the Court House, and the aforesaid Declaration was read before a vast concource of people, and being ended, the most universal Joy was testified by the Acclamations of all present, the discharge of the Fort Guns, three Vollies of small Arms from the Royal Welsh, the Ringing of Bells, &ca., &ca., &ca.
The Governor, Council, Magistrates, and a great many Citizens having signed the said declaration in Testimony of their hearty acceptance thereof, a Proclamation for the Continuance of Officers was published.
A Letter from the Lords of the privy Council to the Proprietaries.
" After our hearty Commendations, It having pleased Almighty God to take to his Mercy, out of this troublesome Life, our late Sovereign Lord King George the Second, of Blessed and Glorious Memory, and thereupon his Royal Majesty King George the Third being here proclaimed, We have thought fit to signify the Same to
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you to the end, that you do give immediate Direction for Proclaim- ing His most sacred Majesty King George the Third in the Prv- oince of Pennsylvania, according to the Form here inclosed, with the Solemnities and Ceremonies requisiteon the like Occasions; And you are also to give the like Directions for publishing and Pro- claiming a Proclamation herewith transmitted to you for Continuing the Officers in his Majesty's Plantations till his Majesty's pleasure shall be further signified .; And so not doubting of your ready com- pliance herein, We bid you heartily Farewell. From the Council Chamber at Leicester house, the 31st day of October, 1760.
" Your loving Friends,
"THO. CANT, " Granville, P. Temple 6 Ps., "GOWER, " DENBIGH, "DUNK HALIFAX, "SJ. NUGENT.
" To our Loving Friends, Thomas and Richard Penn, Esq"s., Pro- prietaries of the Province of Pennsylvania."
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A Declaration proclaiming King George the 3d.
" WHEREAS, it hath pleased Almighty God to call to his Mercy our late Sovereign Lord King George the second, of Blessed and Glorious memory, by whose Decease the Imperial Crown of Great Britain, France, and Ireland, as also the Supreme Dominion and Sovereign Right of the Province of Pennsylvania and the Three Countys of New Castle, Kent, and Sussex on Delaware River, and all other his late Majesty's Dominions in America are solely and rightfully come to the High and Mighty Prince George Prince of Wales. We, therefore, Therefore the Deputy Governor and Council with Numbers of the principal Inhabi- tants of this Province, Do now hereby with one full Voice and Consent of Tongue and heart, Publish and Proclaim that the High and Mighty Prince George, Prince of Wales, is now, by the Death our late Sovereign of happy and Glorious Memory, become our only Lawfull and Rightfull Leige Lord George the Third, by the grace of God, King of Great Britain, France and Ireland, Defender of the faith, Supreme Lord of the said Province of Pennsylvania, and of three Counties of New Castle, Kent and Sussex, and all other his late Majesty's Territories and Dominions in America ; To whom We do acknowledge all Faith and Constant Obedience with all hearty and Humble Affection, Beseeching God, by whom Kings and Queens do reign, to bless the Royal King, George the Third, with long and happy years to reign over us. Given at Philadel- phia, the 21st day of January, in the year of our Lord 1761. "GOD SAVE THE KING."
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The Proclamation for continuing of Officers.
" GEORGE R.
" WHEREAS by an Act of Parliament made in the sixth year of the late Queen Anne of blessed Memory, Intituled ' An Act for the Security of her Majesty's Person and Government, and of the Suc- cession to the Crown of Great Britain in the Protestant Line, it was Enacted, among other things, That no Office, place, or Employment,. Civil or Military, within any of her said late Majesty's Plantations should become void by reason of the Demise or Death of her said late Majesty, her Heirs or Successors, Kings or Queens of this Realm, but that the person and persons in any of the Offices, Places, or Employments aforesaid should Continue in their respective Offices, Places and Employments for the space of Six Months next after such Death er Demise, unless sooner removed and discharged by the next in Succession to Whom the Crown of this Realm shall come, remain and be according to the Several Acts of parliment for limiting and settling the Succession of the Crown as by the Said recited Act may appear. And in regard it may happen that our pleasure may not within the said time be declared touching the said Offices, Places and Employments in our foreign Plantations, whch will at the end of the said Six Months become Void, We, for preventing the Inconveniencies that may happen thereby, in our princely Wisdom and Care of the State (reserving to our Judgment hereafter the Reformation and Redress of any Abuses in the Execution of any such Offices, Places, and Employments, upon due Knowledge and Examination thereof), have thought fit, with the Advice our privy Council, to Issue this our Royal Proclamation, and do hereby order, Signify and Declare that all Persons at the time of the Decease of our late Royal Grand- father King George the Second, of Glorious Memory, were duly and Lawfully possessed of, or invested in any Office, Place, or Employment, Civil or Military, in any of our Plantations, and which have not been since removed from such their Offices, Places, or Employments, shall be And shall hold themselves continued in the said Offices, Places, and Employments as formerly they have held and Enjoyed the same, until our pleasure be further Known, or other provision be made pursuant to the Commissions. and Instructions of our said late Royal Grandfather to his Gover- nors and Officers of the Plantations aforesaid ; and that in the mean time, for the Preservation of the Peace and necessary proceedings in Matters of Justice, and for the safety and Service of the State, all the said persons, of whatsoever Degree or Condition, do not fail, every one severally, according to his Place, Office, or Charge, to proceed in the performance and Execution of all Duties thereunto belonging, as formerly appertained unto them during the Life of our said late Royal Grandfather. And further we do hereby Will and Command all and Singular our Subjects in the said plantations, of
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what Estate or Degree they or any of them be, to be aiding, help- ing, and assisting at the Commandment of the said Officers, in the Performance and Execution of the said Offices and Places as they Tender our displeasure, and will answer the Contrary at their utmost Perils.
" Given at our Court at Saville House, the Twenty-seventh day of October, One Thousand seven Hundred and Sixty, in the first Year of our Reign.
" GOD SAVE THE KING."
" At the Court at Saville House, the twenty-Seventh Day of Oc- tober, 1760.
" PRESENT
" The Kings most Excellent Majesty in Council.
" WHEREAS, by the late Act of Uniformity, which Establisheth the Liturgy and enacts That no form or Order of Common Prayers be openly Used other than what is prescribed and appointed to be used in and by the Said Book, it is notwithstanding provided, That in all those Prayers, Litanies, and Collects, which do any wise re- late to the King, Queen, or Royal Progeny, the Names be altered and Changed from time to time, and fitted to the present Occasion according to Direction of lawful Authority. His Majesty was pleased this day in Council, to declare his Royal will and Pleasure, That in all Prayers, Liturgies, and Collects for the Royal Family, instead of the Words [their Royal Highnesses, George, Prince of Wales, the Princess Dowager of Wales, the Duke, the Princesses, and all the Royal Family ] be inserted [her Royal Highness the Princess Dowager of Wales, and all the Royal Family], and his Majesty doth Strictly charge and command That no Edition of the Common Prayer be from henceforth printed, but with this Amend- ment, and that in the mean Time, till Copies of such Edition may be had, all Parson, Vicars, and Curates within this Realm, do (for the prevention of Mistakes), with the pen correct and amend all Such Prayers in their Church Books, according to the aforegoing Direction ; and for the better notice hereof, that this Order be forth- with printed and published, and Sent to the Several Parishes, and that the right Reverend the Bishops do take Care that Obedience be paid to the same accordingly.
"F. VERNON."
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" GEORGE R.
" Instruction to our Trusty and Well beloved James Hamilton, Esgr., Deputy Governor of Our Province of Pennsylvania, and the three Counties of New Castle, Kent, and Sussex, on Dela- ware River, in America, or to the Commander-in- Chief of the said Province for the time being, Given at our Court at Lei- cester House, the 31st day of October, 1760, in the first year of our Reign.
"WHEREAS, We have been pleased by our Order in Council of the 27th of October, Inst., (a Copy whereof is hereunto annexed) to declare our pleasure that in all Prayers, Litanies, and Collects for the Royal Family, instead of the Words [their Royal Highnesses, Gorge Prince of Wales, the Princess Dowager of Wales, the Duke, the Princesses, and all the Royal Family] there should be Inserted [Her Royal Highness, the Princess Dowager of Wales, and all the Royal Family ]. Our will and pleasure, therefore, is that in all the Prayers, Litanys, and Collects for the Royal Family, to be used within our Province of Pennsylvania, under your Government, instead of the Words [their Royal Hignesses George Prince of Wales, the Princess Dowager of Wales, the Duke, the Princsses, and all the Royal Family] there be inserted [Her Royal Highness the Princess Dowager of Wales, and all the Royal Family ]. And for the better notice hereof in our said Province, It is our further Will and pleasure that you cause the same to be forth- with published in the several Parish Churches and other Places of divine Worship within the said Province, and that you take Care that Obedience be paid thereto accordingly.
"G. R."
At a Council held on Friday, the 23 Day of January, 1761. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Joseph Turner,
Benjamin Chew,
Richard Peters, Esq"
The Governor in Council took the Oaths of Allegiance, Supre- macy, and abjuration, and made and Subscribed the Declaration prescribed by act of Parliment, and then administered the same to the above named Members of Council.
On Saturday the 24th January, 1761, the Above Declaration being transcribed, was published at New Castle by the Magistrates and principal Inhabitants, together with the King's proclamation for the Continuance of Officers in America.
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January 26th, 1761.
A Message was sent from the Assembly to the Governor that the House was met and ready to take the Qualifications to his present Majesty, in Order to proceed to Business.
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January 27th, 1761.
The Governor thinking it proper for him and the Council to ad- dress his Majesty, sent to the Assembly by the Secretary a Message of Condolance and Congratulation, and of his intention to address his Majesty in which they might join if they were inclined :
A Message from the Governor to the Assembly.
" Gentlemen :
" Since your last meeting I have received authentic Advices of the Death of our most Gracious Sovereign, King George the Second, of Glorious Memory, and of the Ascession of his present Majesty, King George the Third, to the Imperial Throne of his Ancestors, with the universal Applause of his people.
" When We reflect, Gentlemen, on the many amiable Virtues which shone forth so conspicuously in the person of our late most Excellent Monarch, when we take a review of his conduct through- out the Course of his long and Glorious Reign, and finding it always directed to the most Noble and Generous Purposes, either of aiding and Supporting his faithful but distressed Allies abroad, or of secur- ing the invaluable Blessings of Civil and religious Liberty to his Subjects at Home, and when in a more especial Manner we call to mind the unfounded Protection he was graciously pleased to extend to these Colonies, ready to be overwhelmed by the Power and Ambition of our enterprising Neighbours on this Continent, it would argue the Greatest Insensibility as well as Ingratitude were we not most deeply affected with sorrow at so deplorable a Loss.
" Nor could any Thing alleviate the Grief which every good Subject must have felt upon this Mournful Occasion, but the Con- sideration, that the Scepter hath devolved to a Prince whose early Virtues and known Affection to his people and native Country give the most pleasing Assurance that he will pursue with Vigor the same measures and tread the same Steps by which his illustrious Progenitor became formidable Abroad, and belov'd and rever'd at Home.
" Filled with these agreeable hopes, and moved with a Sense of its being our Duty, as well to condole with our new Sovereign on the Death of his late Royal Grandfather, as to Congratulate his Majesty on his own happy Accession to the Throne of Great Britan, the Council and I have resolv'd to transmit an Address to the King to that purpose by the first opportunity that shall offer, and if the
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House shall be inclineable to join in the said Address, the same when prepared shall be laid before them for their Consideration. " JAMES HAMILTON."
January 28th, 1761.
The Governor sent to the Assembly the following Message in Answer to their's of the 9th Instant :
A Message from the Governor to the Assembly.
"Gentlemen :
"I am sorry to observe by your Message of the Ninth Instant, that I have not been so fortunate as to obtain your Concurrence to either of the two Measures I recommended to you, and the more so as I conceive the honour of the Province may be Affected by your rejecting the first of them, and its safety by your disagreeing to the other. 1
" Having mentioned in my last Message what seemed to me Ne- cessary at that Time on the Subject of the Troops detained to the Westward, and not being yet so well informed of the real Causes of their long Delay, as to enable Me to speak to you more particu- larly about it, I shall Content myself at present with saying, that as it is very unlikely to have happened through any default of the Men who are generally to apt too be impatient of the Service, but rather through some unavoidable Accident I shall leave it to them, when they do appear to make their own Application, and doubt not but the Justice of the House will incline them to do what is right upon the Occasion.
" It was with much Concern as well as Surprize that I perused the last part of your Message, in which you declare yourselves against supporting the Garrisons at the Forts-Augusta and Allen, and desire me to discharge them with all convenient Speed. I have, nevertheless, however unlooked for such an Application might be, proceeded to execute your request in part, by having paid off and discharged the Garrison at Fort Allen; but with respect to the other, I hope to be excused for telling you plainly, Gentlemen, that I could not think of taking what appeared to me so dangerous a Step, without offering my Reasons against and Giving you an Op- portunity of reconsidering the Case with the attention it deserves.
" You will please to reflect that Fort Augusta is the most ad- vanced, and Indeed the only Post we now have on our Northern Frontiers, and by Commanding both Branches of the River Sasque- hanna is admirably fitted, as well to facilitate our Communication and Commerce with our Indian Allies in time of peace, as to briddle them, and protect our Indians in time of War.
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" That the Province thought it self very happy in obtaining so easy and quiet a Possession of that important Post without Giving umbrage to the Indians from whom that Land had not been pur- chased, and that it should now be given up, the regaining of it in Case of any future Rupture with those people, will probably be ren- dered very difficult from their Experience of its Importance to us and disadvantage to themselves at such a Juncture. That a very great Sum Hath been expended in erecting and finishing the said Fort, and that the same may be now mentained and kept in Repair by & small Garrison of Sixty or Seventy Men, whereas, Should it be abandoned and Suffered to run to Ruin, the Province may shortly again be put to the same or a Much Greater Expence in rebuilding it, not to mention that Since the making the late Law for regulating the Indian Trade, from which such valuable Effects are universally hoped for to the Province, it seems absolutely necessary that some such Post should be mantained, as well for Carrying on the Good Purposes of that Law as to make us respectable in the sight of the Indians, to whom, in case we should now desert it, it is probable we may appear to be guilty of great Levity and Inconstancy in our Proceedings, and as designing to deprive them of the Benefit of an Act said to have been obtained on their own earnest Request, with- out their having hitherto done any thing that ought to lessen our good Intentions towards them.
" In Addition to all this, Gentlemen, you will likewise please to Consider that we are Still in the midst of a raging War with one of the most powerful Princes in Europe, as also with numerous Tribes of Savages, who are desolating our Provinces to the Southward; and although it has pleased God to favour his Majesty's Arms with an uncommon Course of Success, yet, as the Events of War are ever uncertain and precarious, it is not impossible that some Chance or Accident may still happen in the Course of it to raise the Spirits of the Enemy and those of their Indian Allies, and induce them once more to have Recourse to Arms, more especially if by any Means whatsoever they may be able to draw to their Assistance other Nations of Northern and Western Indians, who undoubtedly do repine, whatever they may pretend at Seeing the Cause of the French brought so low, and Consequently their own Independence into manitest Danger.
" These Reasons, Gentlemen, with many others too long to enu- merate, have induced me to defer disbanding the Small Garrison at Augusta, till I might Have the Opportunity of offering them to your Consideration. I am in hopes they will have the same Weight with you that they have had with me, and induce you to Consent to the Supporting of that Garrison, at least till the Conclusion of a peace, when the Dismissing of it will be attended with much less apparent Risque to the Province than at Present.
" In respect to what you are pleased to mention of an unjust op- position having been made in England to your late Supply Bill, and
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of the Success it hath met with, I have very little to say. You are Sensible that that Bill, agreeable to the forms of our Constitution, was in the usual Manner presented to that Judicatory which alone had the Right to determine upon it. You also very well know that every Person who thinks himself aggrieved by any bill passed in the Plantations, hath a right to be heard in his own Behalf before It is finally ratified as a Law. This I understand to have been the Case in regard to the Bill you hint at. Both parties were fully and fairly heard upon its merits before the proper and established Judges in the last Resort, and in Consequence thereof his late Majesty was pleased, with the advice of his privy Council, to declare the said bill to be fundamentally wrong and unjust, unless certain Alterations and Amendments were made therein. However proper, therefore, it may be in you to call that an unjust Opposition which has re- ceived the Countenance, Approbation, and final Decision in its favour of so august a Judicatory, I shall leave to your own Reflections, without drawing from it those Inferences which Naturally offer themselves upon the Occasion, and Conclude with acquainting you that it is now in your power to take off any further Opposition to that or any other of your Supply Bills by altering and amending them Conformably to the Sentiments of his late Majesty and Coun- cil, and agreeable to the Stipulations enter'd into by your Agents in England.
"January 28th, 1761."
"JAMES HAMILTON.
The Governor having, in the absence of the House, received the Report of the Lords of the privy Council upon nineteen Acts of Assembly, passed in the Year 1759, together with his late Majesty's Order of Council & Repeal of six of those Laws, the Same were notified to the Publick by Proclamation and laid before the As- sembly.
The Report of the Right Honourable the Lords of Committee of his Majesty's most Honourable privy Council for Plantation Affairs.
" My Lords :
" Pursuant to your Lordships Orders of the 20th of february and 13th of March last, We have taken into our Consideration Nineteen Acts passed in the Province of Pennsylvania in 1758 and 1759, and also a petition of the Proprietaries of the said Province, Complaining of Eleven of the said Acts; and in Compliance with the prayer of that petition, they have been heard by their Council, His Majesty's Attorney and Sollicitor General, who stated themselves as appearing not only in behalf of the Proprietaries, but in Virtue likewise of their Office in Support of the Rights and Prerogatives of the Crown. The said Eleven Acts have, on the
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other hand, been supported by the Agent of the Colony on the part of the House of Representatives, who have likewise been heard by their Council, Mr. de Grey and Mr. Jackson.
" And in Order to lay before your Lordships our Opinion in the most concise and perspicuous manner we are able, and to avoid that perplexity which must necessarily arise from a long Detail of Ver- bal Extracts from such a variety of Laws, containing so many dif- ferent Regulations, we shall consider them referring to the Laws themselves, to which it will always be more useful for your Lord- ships to recur if a more particular Satisfaction, and therefore a more minute and Circumstantial knowledge of them, should in any Case be thought necessary.
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