USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 59
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"JAMES HAMILTON.
" March 10th, 1761."
March 10th, 1761.
The Governor thought it necessary to remind the House of his Message of the 14th of February, relating to the Stipulation entered into by their Agents with respect to the Supply Acts, and therefore sent them the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" By your verbal Message, in answer to my written one of the fourteenth of February, in Relation to your passing and offering to me a Bill for amending (agreeable to the Report of a Committee of His Majesty's most Honourable privy Council, and the express Stipulation of your Agents in England), an Act passed in this Pro- vince in the year One thousand Seven Hundred and fifty-Nine, inti- tuled ' An Act for granting to His Majesty the Sum of One Hun- dred Thousand Pounds, &ca.,' you were pleased to inform me that you then had the Matter under Consideration, and would, as soon. as conveniently you could, acquaint me with your Determination. thereon.
" Since which a good deal of time hath passed, but I have not heard anything further from you upon that Subject.
"I believe you will agree, Gentlemen, that in the whole progress ; of this Affair, I have neither pressed you unnecessarily, or endea- voured to straiten you in point of time for your Deliberations ; but: as the present session must soon come to a Close, and it is incum -- bent on me to transmit an Account of your proceedings herein, by: the first opportunity, to Britain, I am under the Necessity of de -. siring that you will, as soon as possible, furnish me with your de -.
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terminate Answer, whether you will or will not comply with the Engagements entered into by your Agents in your Behalf, with re- . spect to the passing and offering to me a Bill for amending the aforementioned Act according to the Amendments proposed in the Report of the Lords of the Committee aforesaid, and to the Stipu- lation of your own Agents.
" JAMES HAMILTON.
" March 10th, 1761."
Amendments to the Bill Entitled An Act for laying a Duty on Ne- groes and Mullattoe Slaves imported into this Province.
" Page 2d, Line . After the word [after ] insert [the expiration of the Term of Six Months from ].
" Page 19. dele from the word [Duty] at the end of the 8th Line, to the word [Province] inclusive, at the end of the 11th Line, and instead thereof say [untill the end of the next Sitting of Assem- bly, and no longer, during which said sitting a new appointment shall be made by Act of General Assembly].
" Page 21, Lines 9 & 10. Dele the words [ Seven Years from and after the publication] and insert these words [Four Years from and after the Commencement]."
March 17th, 1761.
The Governor received from the House a paper in answer to his Amendments of the Negro Bill :
The Assembly's Answer to the Governor's Amendments of Negro Act.
" Amendment 1st, Page 2, Line 6. The House request the Gov- ernor would be pleased to reconsider his Amendments, as they ap- prehend considerable Mischief may attend the posponing the Force of the Act for Six Months, as in that time great Numbers of Ne- groes may be imported from the West Indies and other places ; Besides the House conceive no great Inconveniency or Loss can happen to the Merchant, as slaves are now in great Demand in the Neighboring Colonies, and to allow an Importation for six Months, would, they apprehend, be virtually a Bounty to the importer du- ring that time, as no others can afterwards import them on equal terms, during the continuance of the Act.
" Amendment 2d, page 19. The House request the Governor would be pleased to recede from his Amendment, as it may render the Act ineffectual in Case of the Death or Resignation of the Gov- ernor, and Misbehaviour or death of the Officer happening at the
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same time, for by an Act of this Province, passed in the 10th Year of Queen Ann, entituled 'An Act for the further securing the Administration of the Government,' no other Law under these Circumstances could be enacted for appointing an Officer to execute this Law. .
" Amendment 3d, Page 21. The House agree to the Governor's Amendment."
The Governor's reply to the Assembly's Answer to the Bill for laying a Duty on Negroes and Mulatto Slaves imported into this Province. -
" Amendment Ist, Page 2, line 6. The Governor recedes from this Amendment.
" Amendment 2d, Page 19. The Governor adheres to his Amendment.
" March 11th, 1761."
" March 12th, 1761.
The Governor sent to the House the following Message requiring an Answer to his of the 3d Instant, and after it was wrote he re- ceived a Letter from General Amherst, which he sent to the House with and in support of the Message.
A Message from the Governor to the Assembly.
" Gentlemen :
" As I look upon His Majesty's Service as well as the security of the Province to be nearly concerned in your complying with General Amherst's Requisition of the twenty-seventh of February last, communicated to you in my Message of the third Instant, I was in hopes before this time to have received an Answer signifying your willingness to accede to the Measure therein recommended.
" Which not having been the Case, I am under the necessity of applying to you again upon that subject, and of urging to you a speedy Compliance with the General's Request of Three Hundred Men properly officered, to serve as Garrisons at the several Forts and Posts within the Communication to Pittsburgh.
" And I do this with the greater Confidence of Success, as you are Sensible there yet remains in the Trustee's Hands undisposed of a Larger proportion of the Supply granted to his Majesty the last year than will probably be wanted for this Service.
"JAMES HAMILTON.
" March 12th, 1761."
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A Letter from General Amherst to Governor Hamilton.
NEW YORK, March 9th 1761.
" Sir :
" As the Services I have in Command from his Majesty require a certain Quantity of Shipping which I have ordered to be taken up at Boston, New York, and Philadelphia, at the latter of which places I shall want Two Thousand Ton Iron, send Captain Pryce, Agent for Transports, with my Instructions, for the performance of that Service, and as in the execution of the Same he may Stand in need of your countenance and assistance, I must beg the favour that you will be pleased to grant him the same, which from your Zeal for His Majesty's Service, I am confident you will readily do, and I, therefore, flatter myself with his Speedy Success, as time presses, and that the Exigency will not admit of a delay.
"Since writing the above, I am favoured with your Letter of the fourth Instant, and am to thank you for your ready and immediate Acquiescence with my request in laying before your Assembly my requisition of the Twenty-Seventh Ultº-, and for enforcing the Expe- diency of the Measure, and recommending a speedy Compliance with it, which I shall depend upon, as the good of his Majesty's Service and of the Province make it absolutely necessary, and I am, therefore, hopeful that I shall soon receive from you a confirmation of it.
"I am sorry at your indisposition, and hope this will find you perfectly recovered, being with the greatest truth,
"Sir, Your most Obedt. Humble Serve.,
" JEFF. AMHERST.
"To the Honourable JAMES HAMILTON, Esq", Lieut Governor of the Province of Pennsylvania."
The three following Bills having been presented to the Governor for his Concurrence, were agreed & returned to the House with a Message that he would pass them :
A Bill Entituled "An Act for the preservation of fish in the River Delaware, Sasquehannah, and Lehigh, commonly called the Western Branch of Delaware."
A Bill Entituled " An Act for making the River Schuylkill navi- gable, and for the preservation of the fish in the said River."
A Bill Entituled "An Act for raising, paying, and eloathing Three Hundred Men, properly officered, for relieving the several Forts and Posts within the Communication to Pittsburgh, and for continuing 'An Act for regulating the Officers and soldier in the pay of the Province.' "
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At a Council held at the State House, on saturday the 14th March, 1760.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Richard Peters,
Thomas Cadwalader,
Lynford Lardner, S Esquires.
The Governor sent the following verbal Message to the House by the Secretary :
" The Governor commands me to acquaint the House, that as a Considerable number of Indians may be expected to come and treat with the Government some time in the Summer in consequence of the Invitations that have been sent to them, he desires the House will appoint a Committee to attend the treaties, and to make provi- sion for the Expence that will attend them."
The Governor required the attendance of the House in the Coun- cil Chamber immediately, in order to enact into Laws the several Bills that have been agreed to, and the Speaker, with the whole House, accordingly waited on the Governor, and presented the fol- lowing Bills, which were enacted into Laws, and after the great Seal was affixed to them they were lodged in the Roll's Office.
The Speaker presented to the Governor an order or Certificate for One Thousand Pounds, for which the Governor returned his thanks to the House.
" An Act to enable the owners and possessors of the Meadow at the West Side of the mouth of Darby Creek, by the River Dela- ware, in the Township of Ridley, in Chester County, to keep the Banks, Dams, Sluices and flood Gates in repair for ever, and to raise a fund to defray the Expence thereof."
" An Act to enable the owners and possessors of the Northren district of Kingsess Meadow Land, in the County of Philadelphia, to keep the Banks, Dams, Sluices and Flood Gates in repair, and to raise a fund to defray the Expence thereof."
" An Act to enable certain Trustees to sell Lands in the County of Philadelphia, in trust for the use of the Minister of Oxford, and. to receive the voluntary donations of the Inhabitants, and with the Monies arising thereform to purchase other Lands to be settled to the same use."
" An Act for regulating Waggoners, Carters, Draymen and Por- ters within the City of Philadelphia, and for purposes therein men- tioned."
" An Act to enable Thomas Yorke, James Child, Daniel Rundle, Peter Chevalier, and Enoch Story, or any three of them to sell the provincial Ship of War."
" An Act to regulate the Assize of Bread."
" An Act for laying a duty on Negroes and Mulattoe Slaves im- ported into this Province."
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" An Act for the preservation of Fish in the Rivers Delaware, Sasquehannah, and the Lehigh, commonly called the westren Branch of Delaware."
" An Act for making the River Schuylkill navigable, and for the preservation of the Fish in the said River.
" An Act for raising, paying, and Cloathing Three Hundred Men, properly officered, for releiving the several Forts and Posts within the Communication to Pittsburgh, and for Continuing the Act for regulating the Officers and Soldiers in the pay of this Province."
A Message from the Assembly delivered to the Governor in' Council was read in these words :
A Message from the Assembly to the Governor.
" May it Please your Honour :
" The report of the Committee of His late Majesty's most Hon- ourable privy Council relating to the Act passed in this Province in the Year One Thousand Seven Hundred and fifty-Nine, inti- tuled 'An Act for granting to His Majesty the sum of One Hun- dred Thousand Pounds, &ca., and His late Majesty's Determination thereupon were no sooner laid before the House than we thought it our duty to appoint a Committee to enquire into the State of the Taxations under that Law, and particularly so far as it regarded the taxing the proprietary Estate which Committee, after a full and carefull Examination of the Taxes laid throughout the Pro- vince, have made their report, whereby it appears,
" First. ' that no part of the unsurveyed Waste Lands belonging to the proprietaries, have in any instance been included in the Es- tates taxed.'
" Secondly, 'That some of the located uncultivated Lands be- longing to the proprietaries in several Counties, remain unassessed, and are not in any County assessed higher than the Lands under like Circumstances belonging to the Inhabitants.'
"Thirdly. 'That all Lands not granted by the Proprietaries within Boroughs and 'Towns remain untaxed, excepting in a few Instances, and in those they are rated as low as the Lands which are granted in the said Boroughs and Towns.'
"And 'that the whole of the Proprietary Tax of Eighteen pence Pr. pound throughout the Province in one Year amounts to Five Hundred & Sixty-Six pounds four Shillings and ten pence; and the Sum of the Tax of the Inhabitants for the Same Year, and at the same rate, amounts, through the Several Counties, to Twenty- Seven thousand One hundred and three Pounds twelve shillings and eight pence.'
"And it is the opinion of the said Committee 'that there has not been any Injustice done to the Proprietaries, or Attempts made to
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rate or assess any part of their Estate higher than the Estates of like kind belonging to the Inhabitants are rated and assessed, but on the contrary, the Committee find the proprietary Estates are rated in many instances below others.'
" This Report appears to the House, upon an Inspection into the provincial Assessments, now lying before us, to be just and true ; and your Honour will permit us to add that the major part of the members of the present Assembly, having also been Members of the Assembly in the year One thousand Seven hundred and fifty- Nine, when the Act was passed, are well assured that it never was the intention by that Act either to tax the Proprietaries' unlocated lands, or to contravene the Stipulations and Agreements entered into with the Proprietaries for the payment of their Quit-Rents, but that those Stipulations and Agreements should remain as bind- ing upon all the parties concerned therein, as they were or could be before the passing of that Act.
"And we beg leave further to remark, that by the Law now under our consideration, the Commissioners and Assessors are obliged to lay before the Assembly, for the time being, their Rates and Taxa- tions for every Year, whereby the Assembly will he enabled to judge of any Variations from the present Mode of Taxation, and if it shall then appear that any injustice is offered to the Proprie- taries, or if the Governor, in behalf of the Proprietaries, can point out any injury they may receive in the execution of the said Act, we doubt not the then Assembly will chearfully and readily offer a Bill to the Governor to do them justice.
" In the mean time, as the Taxes are now assessed, and no other or further Assessment can be made till the next Year, we appre- hend the Proprietaries can receive no damage from the Law as it now stands, and which must soon expire by its own Limitation, we request the Governor will be pleased to lay a fair and Candid State of this matter before our Superiors, in which case we have great reason to hope and believe that the Act passed by your honour in the Year One thousand Seven Hundred and Sixty, may and will receive the royal approbation, and by that means satisfy the Pro- prietaries, and prevent the great Evils and Confusion which the repeal of that Law might bring upon this Province.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker.
" March 14th, 1761."
The Members that delivered the Message, acquainted the Governor that the House having finished the principal Business before them, inclined to adjourn to the 7th of September, if his Honour had no objection thereto.
The following resolve of the House, in answer to the Governor's Verbal Message relating to the approaching Indian Treaty, was de- livered by two Members :
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"Resolved, That Mr. Speaker, the provincial Commissioners, Mr. Ashbridge, Mr. Wynkoop, Mr. Gibbons, Mr. Hunt, Mr. Allen, and Mr. Potts, be a Committee to attend the said Treaty, and that the provincial Commissioners do, with the assent of the Governor, de- fray any reasonable Expences that may be incurred by the same."
The Governor ordered the Minutes to be entered that were ta- ken of what passed between Jo Peepy and him, on the 9th Instant.
A Conference with Jo Peepy, a Delaware Indian, on the 9th March, 1761.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Richard Peters, Esquire.
Jo Peepy waited on the Governor and told him he was sent by the Three Nations of Indians, who lived in an Indian Town situate half way between Wyomink and Diahogo, on the River Sasquehan- nah, with a Message to the Government, which he delivered in these words :
" Brother :
"We are three Nations of us, Nanticokes, Conoys, and Oneidas ; We all three join in this Belt to desire you would take the pipe and fill it and light it, and after you have light it, we desire you will smoke it and look towards us; We design to come to see you in the Spring ; we do not tell you at what particular time, but when we are ready to sett out, we will send you a Messenger to acquaint you that we are coming."
Gave a Belt.
"Brother :
" Papoonan sent you this String of Wampum, and thereby in- forms you that he is doing his utmost endeavours to gather together all the English Prisoners that are in the Indian Towns, with intent to bring them with him; There are more among the Minisink than in any other Nation ; Among these he will go, as they are the most backward at returning the Prisoners; He knows of five that are among them, and two at French Margaret's."
Here he gave a String.
On the 14th Instant, Jo Peepy having let the Governor know that he would go out of town to-morrow, The Governor, by a String, desired him to return his hearty thanks to the three Nations of the Nantycokes, Conoys, & Oneidas, and to tell them that he should always be glad to see them when they had any material Business to do with him.
He likewise desired him to return his hearty thanks to Papoonan, for his diligence and Zeal in collecting the Prisoners together, and
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assure him he could not do a more acceptable Service to him and the People of this Province.
MEMORANDUM :
On the 17th Instant, the Great Seal was affixed to the following Proclamation, to encourage men to enlist, and it was dispersed, and also published in the News Papers :
" By the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Penn- sylvania, and Counties of Newcastle, Kent, and Sussex, upon Delaware,
"A PROCLAMATION.
" WHEREAS, by an Act of Assembly of this Province, passed at Philadelphia, on the 14th Instant, it is provided, That there shall be forthwith raised Three hundred effective men, properly officered, to act in Conjunction with his Majesty's regular Forces, within the Communication to Pittsburgh, until the twenty fifth day of Novem- ber next, or the conclusion of a peace with France, which shall first happen ; As an Encouragement, therefore, for able bodied men to cnlist in the said service, I do hereby offer a Bounty of Six Pounds as a free gift to each person so enlisting, as also Nine Pounds ad- vance money, including their Cloathing, which is to be provided for them by the Government ; and to each Officer, properly authorized to enlist Men, twenty Shillings for every able bodied man he shall enlist into the Service, after he has passed Muster at the Town of Carlisle, in the County of Cumberland, with the following Rates, to pay to the Non-Commissioned Officers and Men, to wit : to Ser- jeants, Two Shillings P. Day ; and to each private man, Forty five Shillings Per Month. I have, therefore, thought fit to make this known, by Proclamation, to all his Majesty's Subjects, earnestly inviting them to enlist, and promising to all those who shall enter into this Service, the Bounty & other encouragements above men- tioned.
" Given under my Hand, and the Great Seal of the said Province, at Philadelphia, this seventeenth day of March, 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, De- fender of the Faith, &cª., and in the Year of our Lord, one thous- and seven hundred and sixty one.
"By his Honour's Command.
" JAMES HAMILTON.
" RICHARD PETERS, Secretary.
"GOD SAVE THE KING."
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At a Council held at Philadelphia, on Wednesday, the 18th March, 1761.
PRESENT :
The Honourable 'JAMES HAMILTON, Esquire, Lieutenant Governor, &cª.
Joseph Turner,
Benjamin Chew,
Richard Peters, - Esquires.
The following Letters received by the Post, from Mr. Pitt, his Majesty's Secretary of State, of the 17th December last, and from General Amherst, of the 15th Instant, were read, and it was unan- imously agreed to call the Assembly by Summons, to meet on Thurs- day, the second of April next.
The Secretary of State's Letter to the Governor.
"WHITEHALL, December 17th, 1760.
" Sir :
" His Majesty, having nothing so much at Heart, as, by the most vigorous Prosecution of the War, to reduce the Enemy to the ne- cessity of accepting a Peace on Terms of Glory and Advantage to his Majesty's Crown, and beneficial, in particular, to his Majesty's Subjects in America, and as nothing can so effectually contribute to that great and essential object, as the King's being enabled to em- ploy, as immediately as may be, such part of the Regular Forces in North America, as may be adequate to some great and important enterprize against the Enemy, I am commanded to signify.to you the King's pleasure, that in order the better to Provide for the full and entire security of his Majesty's Dominions in North America, and particularly of the possession of his Majesty's Conquests there, during the absence of such part of the Regular Forces, you do forthwith use your utmost endeavours and influence with the Coun- cil and Assembly of your province, to induce them to raise, with all possible dispatch, within your Government, Two-thirds of the num- ber of men they raised for the last Campaign, & forming the same into Regiments, as far as shall be found convenient; that you dircet them to hold themselves in readiness, and particularly as much ear- lier than former Years as may be, to march to such place or places in North America, as his Majestie's Commander in Chief there, or the Officer who shall be appointed to command the King's Forces in those parts, shall appoint, in order to be employed there, under the Supream Command of his Majesty's said Commander-in-Chief, . or of the Officer to be appointed as above, in such manner as from the circumstances & situation of the Enemy's Posts, & the state and Disposition of the Indian Nations on that side, he may judge most conducive for the King's Service ; And the better to facilitate this important Service, the King is pleased to leave it to you to
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issue Commissions to such Gentlemen in your province, as you shall judge, from their Weight and Credit with the People, and their Zeal for the publick Service, may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Commissions, I am persuaded, you will have Nothing in View but the good of the King's Service, and a due Subordination of the whole to his Majesty's Commander. And all Officers of the Provincial Forces, as high as Colonels, in- clusive, are to have Rank according to their respective Commissions, agreeable to the regulations contained in his Majesty's Warrant of the 30 of December, 1757, which is renewed by his present Majesty.
" The King is further pleased to furnish all the men so raised as above, with Arms, Ammunition, & Tents, as well as to order provi- sions to be issued to the same by his Majestie's Commissaries, in the same proportion and manner as is done to the rest of the King's Forces ; The whole, therefore, that the King expects & requires from the several Provinces, is the Levying, Cloathing, and paying of the men ; and on these heads also, that no encouragement may be wanting to this great and salutary Service, His Majesty is fur- ther most graciously pleased to permit me to acquaint you that strong Recommendations will be made to Parliament, in their Ses- sion next Year, to grant a proper Compensation for such Expences as above, according as the active vigour, and strenuous efforts of the respective Provinces shall justly appear to merit.
"It his Majesty's pleasure that you do, with particular Diligence, immediately collect and put into the best Condition, all the Arms issued last Campaign, which can be any way rendered serviceable, or that can be found within your Government, in order that the same may be again employed for his Majesty's Service.
"I am further to inform you that similar orders are sent by this Conveyance to Maryland, Virginia, North Carolina, and South Ca- rolina. The Northern Governments are also, directed to raise men in the same manner, to be employed as his Majesty's Comm" .- in- Chief shall judge most conducive to the King's Service in North America.
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