USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 56
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"And tho', my Lords, we think it incumbent upon us to declare that no Instance has been produced of any Improper Exercise of their prerogatives on the part of the Proprietaries, yet we cannot help lamenting that they have not been more consistantly uniform in the support of them, for it is observable that even to the Nomi- nation of Officers which is so much insisted on by the Assembly, they do not pretend a Right from the Constitution itself, but de- rive it mearly from the Concessions of the Proprietaries; and though they profess to be very sensibly affected at any Encroachments on the prerogative of the Crown, and state themselves very pro- perly as intrusted with its Preservation ; Yet we cannot help observ- ing that instead of supporting the Constitution of the Colony and their own dignity as a very material part of the Legislature, they seem to have considered themselves only in the narrow and Con- tracted view of Landholders in the Province, and to have been re- gardless of their prerogatives as long as their property remained secure, and never to have felt for their Priviledges as Proprietaries till by the diminution of those priviledges their Interests were affected as Individuals.
" But, my Lords, we apprehend it is our duty to hear, and if they are just to recommend it to his Majesty to redress the Com-
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plaints of the Proprietaries from whatever motives they may pro- ceed, to bring back as far as they shall be thought advisable by your Lordships, the Constitution of the Colony to its proper prin- ciples, to put the Goverment in a Regular Course of administration, to give to every branch of it the Exercise of its proper Powers, to' restore to the Crown, in the person of the Proprietaries, its just Prerogatives, to Check the growing Influence of the Assembly, and to distinguish what they are perpetually confounding, the executive from the Legislative parts of Government.
" We are Satisfyed that there is nothing so likely to preserve the tranquility of the Province itself, or its dependance upon the mother Country, as the mentaining, with a strict and steady Hand, the ne- cessary Powers and just prerogatives of the Crown, and the pre- ferring an uniform and settled Principle of Government to an occasional Departure from it for temporary Convenience. Every day's Experience convinces us that it is in vain to negotiate away his Majesty's prerogative; every new Concession becomes the foun- dation of some new Demand, and that, my Lords, of some new dispute.
" This, which is true in General, your Lordships will perceive has been particularly so in the province of Pennsylvania; for though no principles of Constitution is more known or better established then the right of the Crown, and, therefore, in this Case of the Proprietaries, to the sole Nomination of Officers, and the exclusive application of money, it is now contended that the Proprietaries should not even partake in the Exercise of either of those powers ; The Proprietaries' consent to share their prerogatives with the As- sembly; The Assembly Insists upon engrossing them; and even should it be apprehended that after such supiness on the Part of the Proprietaries, and such long usage on the part of the Assembly, the Constitution could not, without Difficulty in every Circumstance, to be departed from.
"If, my Lords, it could be necessary to support the Proprietary of maintaining the Constitution of the Colony by any other Reasons than those which we have already offered to your Lordships, we apprehend that there are Circumstances peculiar to this Province which make the Restrictions we have mentioned particularly neces- sary this Colony, tho', in its form of Government, nominally indeed the same with those which are under the immediate Controul of the Crown, consisting, like them, of a Governor, Counsel, & Assembly, is in reality extreamly Different.
" The Governor and the Assembly being the only Branches of the Legislature, and the only purpose of the Council being to assist the Governor with their Advice, not that their Consent is in any manner necessary, and their Advice he may adopt or reject as he thinks proper; By which means there is not in this Colony, as in other Governments, or as in the mother Country, any intermediate power that may interpose between the Incroachments of the Ass
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sembly on the one hand, or the oppression of the Proprietaries on the other. The Assembly, my Lords, Claims likewise to be inti- tuled, from its Institution, to the Possession of very extraordinary powers, to be a Body perpetually subsisting, subject neither to pro- rogation or dissolution, by the authority of the Governor. It seems, therefore, particularly necessary, by .the Constitutional Inter- position of the Crown, to restrain the powers of the Assembly sufficiently great by its Institution, from becoming Exorbitant be- yond measure by it Encroachments ; And to protect likewise the rights of his Majesty, which have been gradually departed from by the Proprietaries, and which must always be invaded, while the prerogatives of Royalty are placed in the feeble hands of Indivi- duals, and the Authority of the Crown is to be Exercised without the powers of the Crown to support it.
" We are, my Lords,
" Your Lordships' most obd' and most Humble Servts., "DUNK HALIFAX, "SOAME JENYNS, "W. G. HAMILTON,
"W. SLOPER, "ED. ELIOT.
"Whitehall, June, 1760."
" His Majesty's Order of Council on the Report of the Lords of the Privy Council for Plantation Affairs.
" At the Court at Kensington, the 2d day of September, 1760. " PRESENT :
"The King's most Excellent Majesty.
"Arch Bishop of Canterbury, Viscount Falmouth,
"Lord President, Viscount Barrington,
" Duke of New Castle, Lord Berkley, of Stratton,
" Earl of Cholmondeley, Lord Mansfield.
" Earl of Halifax,
"WHEREAS, there was this day read at the Board, a Report from the Right Honourable, the Lords of the Committee of His Majes- ty's most Honourable Privy Council for Plantation Affairs, upon considering` Nineteen Acts passed in the Province of Pennsyl- vania, in the Years 1758 and 1759, Which Report is dated the 28th of last Month, and is in the Words following, viz:
""' Your Majesty having been pleased by your Orders in Coun- cil of the 16th of February and thirteenth of March last, to refer unto this Committee Nineteen Acts passed in the Province of Penn- sylvania, in the years 1758 and 1759, as likewise a Petition of the Proprietaries of the said Province, complaining of Eleven of the said Acts, and praying to be heard thereupon before they receive
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your Majesty's Royal Confirmation, The Lords of the Committee thought it proper to transmit the said Acts, together with the said Petition to the Lords Commissioners for Trade and Plantations, to examine into all the said Nineteen Acts, and to hear the Petition- ers upon such of the said Acts against which they had made their Complaint, and the said Lords. Commissioners having accordingly examined into the said Acts, and heard Counsel upon the Petition of the said Proprietarics, against Eleven of them, as likewise Coun- sel on the behalf of the House of Representatives of the said Pro- vince in support of the said Eleven Acts, the said Lords Commis- sioners have made their Report upon all the said Acts to this Committee, and it appearing by the said Report that the said Lords Commissioners were of opinion that Seven out of the said Eleven Acts complained of by the said Proprietaries, was proper to be re- pealed by your Majesty, the Agents for the House of Representa- tives made application to this Committee, praying to be heard in support of the said Seven Acts, and having entered into the usual Se- curity, according to the Rules of the Council Board, to be answerable for Costs in case it should be judged necessary to require them to pay the same, the Lords of the Committee thought proper to com- ply with their request, and accordingly on the 27th of this Instant, and likewise on this Day, took the said Nineteen Acts and Report into consideration, and heard Counsel on behalf of the said Agents in support of the said seven Acts, as likewise Counsel on behalf of the said Proprietaries against the same, and do. agree humbly to report to your Majesty :
"' That as to the six following Acts 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, to enable the Trustees to lend fifty thousand pounds to Colonel John Hunter, Agent for the Contrac- tors with the Right Honourable the Lords Commissioners of his Majesty's Treasury for his Majesty's Service,' (passed 20 June, 1759).
"'A Supplement to the Act intituled '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, to enable the Trustees to lend fifty thousand pounds to Colonel John Hunter, Agent for the Contractors with the Right Honourable the Lords Commissioners of his Majesty's Treasury, for His Majesty's Service,' (Passed 29th September, 1759).
"' An Act for recording of Warrants and Surveys, and for ren- dering the real Estates and property within this Province more Secure,' (passed 7th July, 1759).
"' An Act for the more effectual Suppressing and preventing of Lotteries and Plays,' (passed 20th June, 1759.'
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"' A Supplement to the Act Intituled 'an Act for establishing Courts of Judicature in this Province,' (passed 29th September, 1759).
"' An Act for the relief of the Heirs, Devisees, and Assignees of Persons born out of the King's Liegance, who have been Owners of Lands within this Province, and have died unnaturalized,' (passed 20th June, 1759).
""' The Lords of the Committee are of opinion that it may be ad- visable for your Majesty to adjudge and declare under your Privy Seal, all the said Six Acts to be void.
"' That as to the Act Intituled ' An Act for granting to His. Ma- jesty the Sum of One Hundred Thousand Pounds, and for striking the same in Bills of Credit in the manner herein after directed, and for providing a fund for Sinking the said Bills of Credit by a tax on all Estates, Real and Personal, and Taxables within this Pro- vince', (passed 17th April, 1759).
"' The Lords of the Committee were of opinion that the said Act is fundamentally wrong and unjust, and ought to be repealed, un- less the following Alterations and Amendments could be made therein, viz“:
""' Ist. That the real Estates to be taxed, be defined with Precis- ion, so as not to Include the unsurveyed waste Land belonging to the Proprietaries.
"' 2d. That the Located uncultivated Lands belonging to the Proprietaries, shall not be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the Inhabitants. shall be assessed.
"' 3. That all Lands not granted by the Proprietaries within Bor- oughs and Towns, be deemed located uncultivated Lands, and rated accordingly, and not as Lots.
"'4. That the Governor's Consent and approbation be made ne- cessary to every issue and Application of the Money to be raised by virtue of such Act.
""' 5. That Provincial Commissioners be named to hear and de- termine Appeals brought on the part of the Inhabitants, as well as of the Proprietaries.
"' 6. That the payments by the Tenants to the Proprietaries of their Rents, shall be according to the terms of their respective Grants, as if such Act had never been passed.
"'The Proprietaries, Thomas Penn and Richard Penn, and Benj™. Franklin and Robert Charles, Agents for the Province, being acquainted with the opinion of this Committee, the Proprietaries declared, that for the sake of peace, and to avoid further Contest, they would Instruct their Governor to Assent to an Act for dis- charging the said debt of One Hundred thousand Pounds, in the form of the said Act now under Consideration, so altered and Amended.
"""' And the said Agents for the Province proposed, that in Case this present Act should not be repealed, they would undertake that
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the Assembly will prepare, pass the Assembly, and offer to the Governor, An Act to amend this Act in such manner as if it had originally been penned according to the Amendments and altera- tions above proposed, and will indemnify the Proprietaries from any damage they may sustain by such Act not being so prepared, passed by the Assembly, and offered to the Governor, and have signed such undertaking in the Books of the Council Office, in the following Words :
""' We, the undersigned, Benjamin Franklin and Robert Charles, Agents for the Province of Pennsylvania, do, hereby Consent, that in Case an Act passed in the said Province, in April, 1759, Inti- tuled ' An Act for Granting to His Majesty the Sum of One Hun- dred thousand pounds, and for Striking the same in Bills of Credit in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a tax on all Estates, Real and Personal, and Taxables within this Province ;' shall not be re- pealed by His Majesty in Council, We the said Agents, do under- take, that the Assembly of Pennsylvania will prepare, and pass, and offer to the Governor of the said Province of Pennsylvania, An Act to amend the aforementioned Act according to the Amend- ments proposed in the Report made by the Lords of the Committee of Council this day, (upon the said One Hundred Thousand pound Act, and other Pennsylvania Acts), and we indemnify the Proprie- taries from any damage that they may sustain by such Act not being so prepared and passed by the Assembly, and offered to the Governor. Witness our hands, this 28th day of August, 1760.'
" Lest some Inconveniencys should arise from the Repeal of the said Act in respect of the good purposes thereof, the Lords of the Committee are humbly of opinion, that your Majesty may rely upon this undertaking for the Assembly of Pennsylvania by their Agents, and permit this Act to Stand unrepealed, because the ob- jections upon which this Committee should have founded their Advice, for the Repeal will certainly be remov'd in a way more agreeable and Convenient to the Province.
" "That as to the Eight following Acts, Intituled ' An Act for the continuance of an Act of Assembly of this Province, Intituled 'a supplementary Act to the Act Intituled ' An Act for preventing the exportation of bread and Flour not Merchantable, and for the new Appointment of Officers to put the said Law in execution,' '' (passed 27th September, 1758.)
"' An Act for the further continuance of an Act of Assembly of this Province, Intituled ' An Act for the continuance of an Act of Assembly of this Province, Intituled 'a Supplementary Act to the Act Intituled 'an Act for preventing the exportation of Bread and Flour not Merchantable, and for the new appointment of Officers to put the said Law in Execution,'''' (passed 19th Oct"-, 1759.)
"' An Act to prevent the exportation of bad, or Unmerchantable Staves, Heading Boards, and Timber,' (passed 21st April, 1759.)
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"'A Supplement to the Act Intituled ' An Act for regulating the Hire of Carriages to be employed in His Majesty's Service,' (passed 20th septr., 1758).
" 'A Supplement to an Act intituled 'an Act for preventing abuses in the Indian Trade, for supplying the Indians, Friends and Allies of Great Britain, with Goods at more easy Rates, and for Securing and Strengthening the Peace and friendship lately con- cluded with the Indians Inhabiting the Northren and Westren Frontiers of this Province,' (passed 17th April, 1759).
"A Supplement to the Act Intituled ' An Act for granting to His Majesty a Duty of Tonnage upon Ships and Vessels, and also certain Duties upon Wine, Rum, Brandy, and other Spirits, and a Duty upon Sugar, for supporting and maintaining the provincial Ship of War, for protecting the Trade of this Province, and other purposes for his Majesty's Service,' (passed 21st April, 1759).
"'An Act for regulating the Hire of Carriages to be imployed in His Majesty's Service, (passed 21 April, 1759).
"'An Act to continue an Act Intituled 'an Act for directing the Choice of Inspectors in the Counties of Chester, Lancaster, York, Cumberland, Berks, and Northampton,' (passed 29th Sertember, 1759).
"'The Lords of the Committee do humbly Report to your Ma- jesty that they have no objection thereto.
" 'And the Lords of the Committee do further humbly Report to your Majesty, that as to the Act Intituled ' An Act for appoint- ing an Agent to apply for and receive the distributive Share and proportion which shall be assigned to this Province, of the Sum of money granted by Parliament to His Majesty's Colonies in Amer- ica,' (passed 29th September, 1759).
"The Lords Commissioners for Trade and Plantations not having offered any objection to this Act, it has been permitted to run out six months since it was first laid before your Majesty, and by that means it stands confirmed by virtue of the Proprietaries Charter.
""'And that with regard to the three following Acts Entituled
"'An Act in addition to An Act intituled 'An Act for regulating the Hire of Carriages to be employed in his Majesty's Service,' (passed 29th Septmr., 1758).'
"'An Act for extending several sections of an Act of Parliament, passed in the thirty Second year of the present Reign, intituled 'An Act for punishing Mutiny and disertion, and for the better pay- ment of the Army and their Quarters,' (passed 21st April, 1759.''
"'An Act for Regulating the Officers and Soldiers in the pay of this Province,' (passed 21st April, 1759).'
"' The Lords of the Committee do humbly report to your Ma- jesty, that the said three Acts are expired, and that it will, there- fore, be unnecessary for your Majesty to give any Orders there- upon.'
" His Majesty this day took the said Report into his Royal Con- sideration, and was pleased with the Advice of his Privy Council
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to approve of all that is therein proposed to be done with respect to the said Laws; and having adjudged and declared void the Six Acts first mentioned in the said Report, His Majesty hath thought proper to direct the Lord Privy Seal to prepare and Pass under the Privy Seal a proper Instrument signifying such, his Majesty's Adju- dication and Declaration of all the said Six Acts to be void ; And His Majesty doth hereby further Declare and Order, that with re- spect"to the Act for granting to His Majesty One hundred thous- and Pounds, and for striking the same in Bills of Credit, &ca., the same do stand unrepealed; And as to the Eight following Acts, to which the Lords of the Committee have offered no Objection, His Majesty is hereby pleased to signify His Royal Approbation thereof, and the Proprietaries of Pennsylvania, their Lieutenant or Deputy Governor, and the Assembly of the said Province, and likewise all others whom it may Concern, are to take Notice and govern them- selves accordingly.
"W. BLAIR."
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Order of' Council Declaring Six Acts of Assembly to be Void.
"At the Court at Kensington, the 2d day of September, 1760. PRESENT :
"The King's most Excellent Majesty.
"Arch Bishop of Canterbury, Viscount Falmouth,
" Lord President, Viscount Barrington,
" Duke of Newcastle,
Lord Barkley, of Stratton,
" Earl of Cholmondeley,
" Earl of Halifax.
Lord Mansfield,
" WHEREAS, in pursuance of the powers granted to the Proprie- taries of the Province of Pennsylvania, by Letters patent under the the Great Seal, in the Reign of King Charles the Second, the Lieutenant Governor, under the Proprietaries and Representatives of the freemen of the said Province, in General Assembly, did, in June, July, and September, 1759, pass Six Acts, which have been transmitted to His Majesty's most Honourable Privy Council, and are Intituled as follow, viz':
"' 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, to enable the Trustees to lend Fifty thousand pounds to Colonel Jnº. Hunter, Agent for the Contractors, with the Right Honourable the Lords Commissioners of His Majesty's Treasury for His Majesty's Service.'
"' A Supplement to the Act intituled ' 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 Hun-
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dred and fifty pounds, to enable the Trustees to lend Fifty thou- sand pounds to Colonel Jnº. Hunter, Agent for the Contractors, with the right Honourable the Lords Commissioners of His Majesty's Treasury for his Majesty's Service.''
"' An Act for recording of Warrants and Surveys, and for ren- dering the Real Estates and property within this Province more secure.'
"' An Act for the more Effectual Suppressing and preventing of Lotteries and Plays.'
"' A Supplement to the Act intituled ' An Act for establishing Courts of Judicature in this Province.''
"' An Act for the relief of the Heirs, Devisees and Assigns of of Persons born out of the King's Liegeance, who have been Owners of Lands within this Province, and have died unnaturalized.'
" And Whereas, His Majesty this day took the said Acts into his Royal Consideration, together with a Report made thereupon by the Right Honourable the Lords of the Committee of His Majesty's most Honourable Privy Council for Plantation Affairs, and doth Adjudge and Declare Void all the said Six Acts; And his Majesty doth hereby Order that the Right Honourable the Lord privy Seal do Cause to be forthwith prepared and passed under the privy Seal a proper Instrument, signifying His Majesty's afore- mentioned Judgment and Declaration of all the said Six Acts to be void.
" W. BLAIR."
The Governor's Proclamation, proclaming Six Acts of Assembly Void.
" WHEREAS, his late most Excellent Majesty was pleased by his Order in Council, bearing date the Second day of September, 1760, to adjudge and declare void the Six following Acts of Assembly of this Province, passed in the year 1759, viz' :
"' An Act for re-emitting the Bills of Credit of this Province heretofore re-emitted on Loan, and for striking the further sum of £36,650, to enable the Trustees to lend £50,000 to Colonel John Hunter Agent for the Contractors, with the Right Honourable the Lords Commissioners of His Majesty's Treasury for His Majesty's Service,' (passed 29th September, 1759).
""'A Supplement to the Act Intituled 'An Act for re-emitting the Bills of Credit of this Province heretofore re-emitted on Loan, and for striking the further Sum of £36,650, to enable the Trustees to lend £50,000 to Colonel Jnº. Hunter, Agent for the Contractors, with the Right Honourable the Lords Commissioners of His Majesty's Treasury, for his' Majesty's Service'' (passed 29th Septm"., 1759).
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"'An Act for recording of Warrants and Surveys, and for ren- dering the real Estates and property within this Province more secure' (passed 7th July, 1759).
"'An Act for the more effectual Suppressing and preventing of Lotteries and Plays' (passed 20th June, 1759).
"'A Supplement to the Act intituled 'An Act for establishing Courts of Judicature in this Province" (passed 29th September, 1759).
"'An Act for the relief of the Heirs, Devisees, and Assigns of persons born out of the King's Liegance, who have been Owners of Lands within this Province, and have died unnaturalized' (passed 20th June, 1759).
" I have, therefore, thought fit to signify and make known the same to all persons within this Government, in Order that they may take Notice thereof, and govern themselves Accordingly. In Testi- mony whereof, I have hereunto set my hand, and Caused the Great Seal of the said Province to be hereunto affixed at Philadelphia, this Twenty-Eighth day of January, in the first Year of the Reign of our Sovereign Lord, George the third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., And in the Year of our Lord, One Thousand Seven Hundred and Sixty-one.
" JAMES HAMILTON.
" By His Honour's Command,
" RICHARD PETERS, Secretary. "GOD SAVE THE KING."
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A Message from the Governor to the Assembly.
" Gentlemen :
" Having received a Report of the Lords of the Committee of his late Majesty's most Honourable privy Council, upon Nineteen Acts of Assembly, passed in the Province of Pennsylvania in the years. 1758, and 1759, and his said late Majesty's Order of Repeal of six of the said Acts, I think it incumbent on me to lay them before you, in Order that you may take Notice of them and govern your- selves accordingly.
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