USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 8
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"Not knowing how far an Invitation to the Chiefs of these eight Tribes of Indians, who, it seems, lives at great Distances from one another, might interfere with the Measures taken by his Majesty's Commander-in-Chief, or Sir William Johnson, the Superintendant of Indian affairs in this District, I have not ventured to make it, but have transmitted to the General Copies of the Conferences and of your Message, and mentioned the advantages that would arise from such Invitation, desiring his advice therein.
"I have likewise dispatched a Messenger to Colonel Washing- ton, or the Commanding Officer of the Virginia Forces, at Win- chester, with an account of these Conferences, and the good Dispo- sition of the Indians, and desired it might be forthwith Communi- cated to the Cherokees, and they be requested to have regard thereto, in their future Excursions.
"WILLIAM DENNY.
" March 28th, 1758."
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PROVINCIAL COUNCIL.
MEMORANDUM.
On the Twenty-Ninth, the Governor, by the Secretary, sent down a verbal Message to the House, that Colonel Halderman had waited on his Honour, and requested an Hospital for a Number of Sick Soldiers, ordered to this City; Twenty-Five of whom, are already arrived and in immediate want thereof, and the rest expected to- morrow. Also, Quarters for a Body of his Majesty's Troops, com- ing here in a few Days, whom all the Publick Houses in the City and Suberbs have not sufficient Room to accomodate. That his Honour had applied to the Mayor to provide an Hospital for the said purpose ; but he being unable to procure the same, the Gov- ernor now recommends the provision of one to the House, and that they would also give orders, to have the Barracks made ready, and furnished with proper Quantities of Straw and Wood, for Quar- tering the said Troops.
And on the same Day Two Members from the House waited on the Governor with the following verbal Message that the House desirous that the Waggons and Carriages which may be expected of this Province by his Majesty's Commander-in-Chief, for carrying on and facilitating the Expedition to the Westward, should be pro- cured in due Time, and with as much ease and Conveniency to the Inhabitants as possible, recommend it to the Governor to write to Brigadier General Forbes, that he may acquaint the Governor in Time with the Number of Waggons, Carriages, and Horses, that will be wanted, and that his Honour would, as Soon as Notice be given to him thereof, take the Necessary Steps, and employ such persons, who, from their Weight and Influence with the People, can procure them with Expedition, and will cheerfully undertake that Service, if requested by the Governor.
To which the Governor was pleased to say, that he could not tell what Number of Carriages and Horses might be wanted for the Expedition to the Westward but he would write to General Forbes by the first Opportunity.
At a Council held at Philadelphia, the 31st of March, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Joseph Turner,
Richard Peters,
Benjamin Chew, Esquires.
John Mifflin, Thomas Cadwalader,
The Governor informed the Board that on the Twenty Ninth Two Members waited on him with a Bill Entitled " An Act for
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granting to his Majesty the sum of One hundred thousand Pounds & 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 the Estates, Real and Personal, and Tax- ables within this Province," which was read, and Mr. Peters and Mr. Chew were appointed to examine the Proprietary Instructions and Letters on the Subject with the former Messages, and to make Report thereon and upon the Bill against to-morrow Morning. Extracts of Proprietary Letters to Mr. Peters were read and de- livered to the Committee.
The Governor declared he would not do Business with the late Provincial Commissioners, and was surprized to find that their Names were inserted in the Supply Bill after what he had said in his Message of the Twentieth ; He said it looked as if the Assembly had a mind to affront him and to throw this in the way that the Bill might not Pass, as they might well think the Governor would not consent to their appointment, he gave particular reasons for his refusal which were taken down by the Secretary and he desired they might be mentioned in the Message.
It was unanimously agreed that the parts relating to the Pro- prietary Estates should be struck out of the Bill, and an Offer made to the Assembly to have the Proprietary Estate taxed in a seperate Bill in which Commissioners were named and agreed on.
It was further thought proper that their should be two Setts of Duplicates of the Assesments made, one of which to be delivered to the Governor and the other to the House.
Mr. Chew and Mr. Peters were desired to prepare a Message, and the Amendment agreeable to the Sentiments of the Governor and Council, against to-morrow morning, to which Time the Council ad- journed.
A Bill was presented last Night by two Members to the Governor for his Concurrence, Entituled " An Act for regulating the Officers and Soldiers Commissionated and raised by the Governor for the Defence of this Province," was read, and being found to be the same, except a very small necessary alteration, with the Act passed in the last year, it was agreed to, and ordered to be returned to the House with a Message that the Governor would pass it.
Another Bill Entituled " An Act for Extending several Sections of an Act of Parliament passed in the Thirtieth Year of the pre- sent Reign, Entituled 'An Act for punishing Mutiny and Deser- tion, and for the better Payment of the Army and their Quarters,'" presented last Night to the Governor, was read & Amended.
The Governor informed the Council that Colonel Haldeman had Acquainted him that the Owners of the Ship King of Prussia and the Brig Concord, which were taken into the Transport Service had nailed down Hatches and discharged their Captains, and he desired
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PROVINCIAL COUNCIL.
the Governor's Advice and Assistance. After reading what was in the Books on this Subject, and Considering the Matter, the Secre- tary was directed to let Colonel Haldyman know the steps necessary to be taken.
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At a Council held at Philadelphia, Saturday the 1st of April, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Benjamin Shoemaker, - Esquires,
Richard Peters, Thomas Cadwalader,
The Governor laid before the Board a Message from the Assem- bly presented last Night by Two Members, which was read and or- dered to be entered as follows :
A Message from the Assembly to the Governor.
" May it please your Honour :
" The House taking into their Consideration your Honour's Message of the Twenty-Eighth Instant, and the request made by Brigadier General Forbes, and being sincerely desirous that every Measure may be taken that may tend to Expedite and facilitate the important Operations now carrying on against our common Enemy, beg leave to recommend it to your Honour that you would Comply with the General's request in furnishing him with fifty good Men, well Mounted on tight Serviceable Horses, out of the Men directed to be raised by the Bill now before you, and that you would forth- with issue your Orders to the Sheriffs of the Several Counties, directing them to give Notice to the Overseers of the Roads where the King's Troops are Likely to March, to amend such of them as are in the interior Parts of the Province, and to Widen and repair the Road from Lancaster, leading towards Williams' Ferry on Potomack, fit for the Carriages of Cannon, &ca., agreeable to the General's Directions ; and that the same may be done in Time, we apprehend it will be expedient that Orders should be given to a proper Number of the Troops in the pay of the Province, to assist in this necessary Work, in the County of Cumberland, as many of its Inhabitants have been driven from their Plantations; And with respect to Carpenters and Axe-Men, we are informed there are many among the men already in the Province Service, but should it, on Enquiry, prove otherwise, we doubt not your Honour will take the Necessary Steps to procure them.
"We have now before us a Bill for regulating the Hire of VOL. VIII .- 5.
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Carriages, which we expect will be presented to-morrow to your Honour for your approbation.
"Signed by Order of the House.
"THOMAS LEECH, Speaker. " March 31st, 1758."
Mr. Peters acquainted the Governor and Council that Mr. Chew was necessarily engaged in striking some Juries against the next Supreme Court, but that the Committee had considered what was delivered them in charge, and had drawn up a paper expressing their Sentiments on the Occasion, which was read, together with the Supply Bill.
The Governor repeated what he had said at last Council, and insisted that the Reasons of his Objections to the Commissioners should be set forth at Large in the Message, and the Council agreeing to it, Mr. Peters was desired to let Mr. Chew know this, that the Message might be framed accordingly.
At a Council held at Philadelphia, Monday the 3d of April, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
Joseph Turner,
Richard Peters,
Benjamin Chew, Esquires.
John Mifflin, Thomas Cadwalader,
The Minutes of the preceding Councils were read and approved.
A Message and Amendments of the Supply Bill having been prepared, the same were read and with some Alterations agreed to, and the Secretary was ordered to deliver them to night to the House.
Mr. Mifflin declared that the Charges laid against the Commis- sioners in the Message were true, and that the Proofs would be very clear.
A Message from the Governor to the Assembly.
" Gentlemen :
" I have considered the Bill for granting to his Majesty the Sum of One Hundred Thousand Pounds, and for striking the same in Bills of Credit, 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, and have given it all the Dispatch, which the Length and Importance of it would admit of, and now return the Bill to you, with a few Amendments.
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PROVINCIAL COUNCIL.
" You will find that I have struck out such parts as relate to the assenting and Taxing the Proprietary Estate in Common, and in the same mode with the rest of the Inhabitants of this Province. You are not, however, to understand by this that I mean, or wish to exempt their Estate from being taxed. This is what they them- selves do not desire. On the Contrary, they are willing that every Tract of Land within the Province, surveyed and appropriated for their use, should bear an equal and proportionable share of any Burthens that may be imposed on the People in the necessary De- fence of this and His Majesty's other Colonies. By the Bill the Estates of the People are to be rated and assessed by Assessors elected by them for that Purpose.
" This mode you think a very equitable one, and that it would be unreasonable that the People should be taxed by any others than such as they chuse and approve of. I conceive, Gentlemen, the same Justice is due to your Proprietaries, and that it would be equally unreasonable their Estate should be assessed and valued by Persons, in whose Nomination, or Appointment, they, or their Deputy, have not the least Share, This would be to exclude them from the Rights and Advantages you think ought to be granted to the meanest of His Majesty's Subjects. I should have Amended the Bill on the above plan with regard to the Taxation of the Pro- prietary Estate, and propose Commissioners to be inserted for that Purpose, had I not been apprehensive that it might have retarded the passing it at a Time, when our Duty to our gracious Sovereign, ourselves, and our Country, require it should not be delayed a Single Moment. But I now offer you that, if a seperate Bill of this sort is approved of by you, I will, on my part, chearfully concur with you in it.
" Having, in my Message to you of the Twentieth of last Month, relating to the laying a Duty on Tonnage, &ca., objected to five of the Commissioners named therein, and declared to you that they had on several Occasions heretofore, in the Course of their Conduct as Provincial Commissioners, treated me with so much Disregard, that it was impossible I could for the future transact any Business with them, I cannot but express my Astonishment to find that they are, notwithstanding, named as Commissioners in this Bill. I would fain hope, Gentlemen, this was not intended to obstruct the passing a Bill so necessary at this critical Juncture. It is with great Reluctance I am once more obliged to inform you that I never can consent to their being again appointed Provincial Com- missioners. Besides their Extraordinary Behaviour towards me, and the strong Objections I have often urged against appointing any of your own Members to be Commissioners, I must acquaint you that they, on several Occasions, have laid out and expended divers Sums of the Money heretofore given, by Act of the Legis- lature, to His Majesty's use, without previously obtaining my
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Consent, or even consulting me, which was a manifest Violation of their 'Trust, and expressly contrary to the Directions of the Law. They have, moreover, had meetings among themselves without Summoning or giving Notice to Mr. Lardner and Mr. Mifflin, their Brother Commissioners, who are first named in the Law, and had equal Power and Trust with them. They have likewise neglected to inform me of the state of their Accounts, or how they have ap- plied the King's Money, though I long since demanded it of them ; so that I know not to this Day in what manner it has been ex- pended, or what New Contracts may have been made by them. At the late Treaty held at Easton, wherein Peace was concluded with the Indians, being informed that they had bought, with the money given for His Majesty's Use, a parcel of Goods and brought them to that Place to be disposed of in presents to the Indians, I demanded of them a List of such Goods, and the amount of them, that I might be enabled therefrom to form a better Judgment how to conduct myself towards the Indians, or what expectations to give them on an Occasion so interesting to his Majesty and this Pro- vince ; in Answer to which they were pleased to tell me that they would in due time prepare and lay before me a List of such Goods. This, however, was delayed a long Time, and was all the Satisfaction I could obtain from them, till after the Conclusion of the Treaty. Under these Circumstances, I should be inexcusable to his Majesty and the Publick in vesting with new Powers Persons who in so many Instances have acted in direct Opposition to their Duty pre- scribed by the Law by which they were appointed. I am therefore under the disagreeable Necessity, Gentlemen, of insisting that you insert in the Bill some other Persons in their stead, well qualified for so high a Trust, which, in so populous a Country as this is, I presume you can be at no Loss to do.
" I shall have regard to the General's Request of furnishing him with Fifty Light Horse out of the Men directed to be raised by the Bill, as soon as that Bill shall be passed into a Law, and hope you will give it all possible Dispatch, as the Season for Action is ad- vancing very fast. The several Matters requested by you in your Message of the Thirty-first of last Month shall have my Particular Attention.
"WILLIAM DENNY.
" April 3d, 1758."
" Amendments to the Bill Entituled ' An Act for granting His Majesty the Sum of One Hundred Thousand Pounds, and for striking the same in Bills of Credit in the Manner hereinafter directed, and for providing a Fund for Sinking the said Bills of Credit by a Tax on all the Estates, Real and personal, and Taxables within this Province.'
1
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PROVINCIAL COUNCIL.
" Page 4, Line 4. Dele the Word [not].
"Page 12, Line 1st, 2d, & 3d. Dele the Words [what quit- rents they respectively are liable to pay to the Proprietaries Yearly within this Province ].
"Same Page, Line 10th, 11th, & 12th. Dele the Words [and also an Account of all such located Lands as belong to the Honour- able the Proprietaries of this Province, or either of them ].
" Page 17th, Line 9. After the Word [cause ] insert the Word [Two].
"Page 18, Line 4. Dele the Word [all] and instead thereof in- sert the Words [One of ].
"Page 18, Line 5. Between the Word [before] and the Words [Assembly] insert the Words [the Governor, and the other before ].
" Page 33 & 34. Dele the Words [Joseph Fox, John Hughes, William Masters ], in the last line of the 33d Page, and the Words [Joseph Galloway and John Baynton, Esquires], in the First Line of the 34th Page.
"Page 34, Penult Line 8, last Line. Dele the Words [Joseph Fox, John Hughes, William Masters, Joseph Galloway, and John Baynton.]
" Page 36, Line 3d. Dele the Words [with the Consent of the Governor] He not having received from the Commissioners a State of their Accounts."
The Bill extending the Sections of the Act of Parliament for Mutiny and Desertion was ordered to be delivered to the House with One Amendment, vizt :
" Page 4, Line 10. After the Word [shall] read [by a certificate returned to the Mayor of the City under the Hand of the Com- manding Officer of His Majesty's Regular Forces for the Time being within the said City of Philadelphia appear to]," and the Bill. for the Regulation of the Officers likewise, with a Verbal Message that the Governor would pass the said Bills whenever the House presented them to him for that Purpose.
A Bill Entituled " An Act to regulate the Hire of Carriages to be employed in his Majesty's Service," presented to the Governor last Saturday by Two Members for his Concurrence, was read, and the Secretary was directed to Consult Sir John St. Clair, who was expected in Town to-day, on the said Bill.
The following letter from General Abercrombie was read and or- dered to be entered :
A Letter from General Abercrombie to Governor Denny.
"NEW YORK, March 27th, 1758.
" Sir:
"I was yesterday favour'd with your's of the 22d acquainting me
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that since the Embargo had been laid you had not been permitted any Vessels to Sail except such as are loaded by the Contractors for the use of His Majesty's Squadrons in America & the West Indias, and the Garrison at Halifax. If none of the Vessels under these Circumstances are yet sail'd I must beg that you will detain them untill such time as there be a proper Convoy Appointed to take them in Charge, otherwise they may fall into the Enemies hands, from whence much worse Consequences must ensue than by their being detain'd so short Time; besides, the Contractors are willing and desirous to wait for this Convoy.
I shall wait with Impatience for the Answer of your Assembly, which I hope will Correspond with their Message to you of the 14th. I return you thanks for the List of the Ships and Vessels in your Port, And am, with great regard,
" Sir, Your Most Obedient Humble Servant,
"JAMES ABERCROMBIE."
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At a Council held at Philadelphia, Thursday the 6th of April, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.
Robert Strettell, Benjamin Shoemaker, "
Richard Peters,
Benjamin Chew, Esquires.
John Mifflin, Thomas Cadwalader,
The Minutes of the preceding Council were read and approved.
The Governor informed the Council that yesterday afternoon the supply Bill was returned to him by Two Members, with a Verbal Message that they were Commanded by the House to acquaint His Honour that the House adhered to the Bill; On which the Gover- nor desired the Advice of Council ; the Proprietary Instructions, the Governor's Message, with the Bill and Sundry other Messages were consulted, and after long Consideration it was unanimously agreed that they should be returned, with a Message setting forth the Governor's Surprize that the Offer made to concur with the As- sembly in Taxing the Proprietary Estate by Commissioners, to be nominated on both sides, was rejected; That he would pass a Bill formed in the same Manner as the supply Bills were formed since the Contest began about taxing the Proprietary Estate, and to re- mind the Assembly that he had called upon them in October, Janu- ary, and again in March, on receiving the Secretary of State's Letter to raise the Supplies, and with such a Message the Council advised the Governor to adhere to his Amendments. Accordingly, Instruc- tions were given to Mr. Chew and Mr. Peters to prepare such Mes. sage, to be sent to-morrow morning, with the Bill, to the House.
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PROVINCIAL COUNCIL.
An Indian Trade Bill having been presented to the Governor yesterday by Two Members, the same was read, and the House having had a regard to the Amendments proposed to former Bills for the Indian Trade, and none of the Commissioners named being Members of the House, the Council advised the Governor to pass it if he was satisfied that the Thousand Pounds, said to be laid out for Indian Goods, were actually laid out, and the Goods sent to Mr. John Carson, Agent, at Fort Augusta ; accordingly, the Secre- tary was ordered to return the Bill to the House, with a Verbal Message, that the Governor would Pass it so soon as he should be satisfied the Thousand Pounds were laid out. The Bill for punish- ing Mutiny and desertion was likewise delivered to the Governor with an Amendment.
The following Letter from Sir John St. Clair was read, ordered to be entered, and laid before the House :
" PHILADELPHIA, April 5th, 1758.
" Sir :
" As the Season of the Year is so far advanced, no manner of stop ought to be made which might retard our Military Operations, and as so much depends on Conveying quick Intelligence from one place to another throughout the Colonies, The Commanding General of his Majesty's Forces has ordered me to make Application to your Honour, that you may give such directions as shall seem proper to you for Establishing two good Horses at each of the following Stations, viz: Trenton Ferry, Philadelphia, New Castle, Dover, Lancaster, & York. I have made application to the other Governors, that the same may be done all over the Provinces. As this requires immediate Dispatch, I must entreat your Answer as soon as possible. I am, with the Greatest respect,
"Your Honour's most Obedient and most Humble Servant,
"JOHN ST. CLAIR.
"P. S .- I hope the Post thro' Carlisle to Winchester will be continued."
Sir John St. Clair and Colonel Haldiman made grievous Com- plaints about the ill Accomodation of the Forces in the Barracks ; and Sir John said he had no Objection to the passing the Waggon Bill, tho' it might have been better drawn.
MEMORANDUM.
On the Sixth, at Night, Two Members of the House waited on the Governor with the following Message :
A Message to the Governor from the Assembly.
" May it please your Honour :
"Upon considering the Request made by Sir John St. Clair to
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your Honour, that you would establish two good Horses at Trenton Ferry, Philadelphia, New Castle, Dover, Lancaster, and York, we think it so reasonable and necessary for his Majesty's Service, that we earnestly request the Governor to take the proper Measures to comply therewith at the several Places within this Government. To defray the Expence of this and other necessary Transactions for the King's Service, a Bill now lies before your Honour for your concurrence, to which we earnestly desire the Governor's Assent, as the Season for military Operations advances fast.
" Signed by order of the House.
" THOMAS LEECH, Speaker."
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MEMORANDUM.
On the Seventh the Governor, by the Secretary, sent down to the House the Bill for regulating the Hire of Carriages, with a Verbal Message that he was ready to pass the same when presented to him for that purpose. The Secretary was likewise directed to return the supply Bill to the House, and to acquaint the House the Governor adhered to his Amendments. That his Honour had summoned the Assembly of the Lower Counties to meet on Monday next at New Castle, where his Presence would be required. At the same Time the Secretary was ordered to deliver to the House the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" I received Yesterday, by two of your Members, the Bill for granting to His Majesty the sum of One hundred Thousand Pounds, &cª., with a verbal Message that the House adhered to the Bill, which is all the Notice you have been pleased to take of the Amendments, or my Message of the Third Instant, sent with them. When I reflect that the wise and vigorous Measures formed by our most gracious Sovereign for the protection of his Subjects in these Colonies must be defeated, and thereby this and the neighbouring Provinces again be exposed to the cruel Incursions of our merciless Enemies, unless the supplies demanded of each Government for carrying into Execution the Plan of Operations concerted by his Majesty are granted, I cannot but be greatly concerned that a Bill so important in its Consequences should be obstructed or meet with the least Delay. Give me Leave to observe to you, Gentlemen, that the Taxation of the Proprietary Estate hath already been the Subject of much Altercation, in which a great deal of precious Time has been lost. To sollicit and bring this unhappy Contest to a final Decision befor our Superiors, An Agent hath been appointed and sent Home, on the part of the Assembly, and in the mean
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