USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 4
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At a Council held at Philadelphia, on Friday 6th February, 1772. PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Go- vernor, &cª.
Richard Peters,
Andrew Allen,
James Tilghman, Edward Shippen, Junior, Esquires. William Hicks,
The Governor laid before the Board several Bills sent up by the House of Assembly for his Honour's concurrence, entituled as fol- lows, to wit :
" An Act to dissolve the Marriage of George Kehmle of the City of Philadelphia, Barber, with Elizabeth, his wife, late Elizabeth Miller, and to enable him to Marry again."
" An Act to enable William Kembell, of the City of Philadel- phia, Taylor, to hold lands, and to invest him with the Priviledges of a Natural Born Subject of this Province."
" A Supplement to the Act entituled ' An Act for the advance- ment of Justice, and more Certain administration thereof.' "
" An Act to enable the owners and Possessors of a Certain Tract of Meadow land situate in the Borough of Chester, in the County of Chester, to keep their Dams, Banks, Sluices and Flood Gates in Repair."
" An Act to enable the Commissioners therein named to Settle the Accounts of the Managers of a certain Lottery set up and drawn at New Town in the County of Bucks."
" An Act for explaining and better ascertaining the Boundary Lines of the County of Bedford."
" An Act to enable the owners of the lands called the Pidgeon Swamp, in the Township of Bristol, in the County of Bucks, to dig, maintain and keep open a Ditch through the said Swamp, and to raise money to defray the Expence thereof."
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PROVINCIAL COUNCIL.
" An Act for Rendering Justices of the Peace more safe in the Execution of their Office, and for indemnifying Constables and others acting in Obedience to their Warrants."
" An Act for the recovery of Legacies."
" An Act for the Recovery of divers sums of Money from the Persons therein named :" Which were severally read and consid- ered, and the Secretary was ordered to return the seven first men- tioned Bills to the Assembly, with a Verbal Messuage that the Governor gave his assent to them. The three last mentioned Bills were referred to further Consideration.
At a Council at Philadelphia, on Saturday the 7th March, 1772. PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ornor, &c.
Richard Peters, Edward Shippen, jun"., r
Aeujamin Chew,
William Hicks, Esquires.
James Tilghman,
The Governor laid before the Board two Bills sent up by the Assembly for his concurrence, entituled
" An Act for granting to his Majesty the sum of Four thousand pounds for the purposes therein mentioned ;" and
" An Act for emitting the sum of Two hundred Thousand Pounds in Bills of Credit on Loan, and providing a fund for the payment of the Public Debts ;" which were read and referred to a further Consideration.
The Board then Resumed the Consideration of the Bills entituled " An Act for the Recovery of Legacies."
" An Act for the recovery of Divers sums of Money of the Per- sons therein named," and " An Act for rendering Justices of the Peace more safe in the Execution of their Office, and for indemni- fying Constables and others acting in obedience to their Warrants," and the Secretary was Ordered to return them to the House, with a few amendments made to the first mentioned Bill, and a Verbal Messuage that the Governor gave his assent to the two others.
At a Council held at Philadelphia, on Monday 9th March, 1772. PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª,
William Logan,
Benjamin Chew,
Richard Peters,
Edward Shippen, jun., Esquires.
William Hicks,
The Loan office Bill was again read and Considered, and the Board conceived it liable to several Material Objections, and that
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the number of amendments necessary to be made to the Bill in order to remove them, would occasion so great an alteration in its Frame that they thought it most adviseable for the Governor to return it to the Assembly, with a Messuage pointing out to the House his Objections to the Bill in General Terms.
Tuesday, the 10th of March, 1772, A. M.
The Governor returned to the Assembly the Bill for emitting the sum of £200,000, in Bills of Credit on Loan, &cª., with a Messuage to the House in the Following Words, Viz :
" Gentlemen :
" After mature deliberation on the Bill for emitting the sum of two hundred thousand pounds in Bills of Credit on Loan, and providing a fund for the payment of public Debts, I am sorry to acquaint you that I find it liable to such Objections as prevent my passing it in its present Form into a Law. Those Objections I at first intended to Communicate to you by way of amendments, but in attempting this, I found the necessary Alterations would make so very great a Change in the Frame of the Bill, that I rather chose to return it to you in this manner, with an assurance that I shall have no objection to the passing a Bill for the same purpose, pro- vided the sum to be emitted be considerably less than what you have proposed, and the plan of it more Similar to Former Laws of this kind, the utility of which the People of this Province have had a long experience of.
"RICHP. PENN.
" March 10th, 1772."
Wednesday the 11th of March, 1772, A. M.
Two Members of Assembly waited on the Governor and again presented to him the Loan Office Bill, with the following Messuage from the House in answer to his Honour's Messuage of yesterday, Viz :
" May it please your Honor :
" We have attentively Considered your Messuage relating to the Bill ' for emitting two hundred thousand Pounds in Bills of Cre- dit on Loan, and providing a fund for payment of the public Debts,' and as the objects of it are publick revenue, and the Improvement, Population, and Commerce of the province, we are sorry it should appear to the Governor liable to such Objections that he cannot pass it in its present form into a Law.
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"The House finding themselves under a necessity from the change which the Province has undergone by its late extensive Settlements, to deviate from the plan of Former Loan Office Bills, and desirous that the one under Consideration should meet with the Governor's Assent, spent much time in digesting its Form and adapting its several parts to the present local Circumstan- ces of the People and their estates, adhering as much as reasonably might be to the Plans of Former Laws.
" In doing this they thought, and still think, that they had framed the Bill on the most eligible Plan.
" Under this opinion, they cannot but wish that the Governor had put in Practice his first intention of Communicating his objec- tions to the House by way of amendment, or at least by Generally pointing out in his Messuage those principals of the Bill which he conceived to be improper for his assent. Either of those methods would have enabled the House to consider the objections which sibsist with the Governor, to have given them their due weight, and on a Concurrence of sentiments with him, to have either adopted his amendments or Framed a new Bill more suitable to Answer the Good purposes intended.
" But the Governor, we hope, will easily perceive the difficulty he lays us under, when he assures us 'that he shall have no ob- jection to the Passing a Bill for the same purpose, provided the Plan of it be more similar to former Laws of this kind," without particularly pointing out his Objections or informing us in what parts he would wish it to be 'more similar,' and thereby leaving it an impossibility for us to discover the reasons of his Dissent.
" We thank the Governor for the Assurance he gives us that he ' shall have no Objections to the passing a Bill more Similar to former laws of this kind,' and we hope the same good disposition will induce him to reconsider the Bill sent up, and either pass it into a Law, or be more explicit in Communicating his Objections.
"Signed by Order of the House. "JOS. GALLOWAY, Speaker.
" March 11th, 1772."
The same Committee also delivered to the Governor an address from the Assembly, in these words, Viz“:
To the Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor of the Province of Pennsylvania.
The Address of the Representatives of the Freemen of the said Province.
" We, the Representatives of the Freemen of the Province of Pennsylvania, in General Assembly met, having received repeated Complaints against Charles Jolly, Esquire, one of the Justices of
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the Peace for the County of Philadelphia, charging him with divers misdemeanors and corrupt Practices in his public Offices, and heard the Witnesses and Proofs in his presence, as well for as against him, and being fully convinced that, regardless of the Important trust reposed in him by Government for the Safety of the People, and influenced by an avaricious and Corrupt Disposition, he hath greatly Oppressed divers of his Majesty's Subjects in the said County, by issuing Original Process, and thereupon, and Execution without find- ing any Debt due, or passing judgement in a case where he had no Jurisdiction, in granting Warrants and proceeding to Judgements and executions against one person for the Debt of another, in en- tering judgement against the Party without hearing him, or giving him an Opportunity of being heard, and in Marrying Persons with- out any Publication of the Bans of Matrimony, contrary to Law.
" Firmly persuaded your Honour is Sensible that the Respect due to Government, and upon which its Authority and the Security of the rights of the Subject greatly Depend, cannot be well main- tained by Men exercising its executive Powers, without either abili- ties or Integrity, we intreat the Governor to remove the said Charles Jolly from his Offices of Judge of the Common Pleas and Justice of the Peace.
"Signed by Order of the House,
"JOSEPH GALLOWAY, Speaker. " March 11, 1772.".
At a Council held at Philadelphia, on Thursday 12th March, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª.
Richard Peters, r Edward Shippen, jun™., Esquires.
William Hicks,
The Assembly's Messuage of Yesterday was read, and a Draught of a Messuage in answer thereto, being prepared, was laid before the Board and approved.
The Messuage was immediately transcribed and sent to the House by the Secretary, with the Loan Office Bill. The Message follows in these words, Vizt .:
" Gentlemen :
" As I sincerely wish to promote the real Interest and welfare of the Province, so I would readily and chearfully concur with you in any Measure which I conceived might effect so desirable a Purpose. , When I communicated to you by my last Message the Terms on which I was willing to pass a Loan Office Bill, I imagined I had
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PROVINCIAL COUNCIL.
been sufficiently explicit in pointing out my principal Objections to the Bill before me, so as to enable the House to frame another within the compass of any short and reasonable amendments which might ap- pear necessary. I am, however, very willing to give you the satis- faction you desire, of explaining myself further on the subject.
" When I proposed for your Immitation the Plan of former Loan Office Laws, by which one General Loan Office was established at Philadelphia, under the direction of Trustees named in the acts, I meant to signify my Disapprobation of such a total Deviation from them as the Establishment of Offices in the several Counties, and the manner of appointing Trustees by the Commissioners of the Counties, in Conjunction with any three Justices of the Peace, a Measure which appears to me Liable to many great Inconvenien- cies. And as a great part of the Bill relates to the duty of such Trustees, my amendments to it, had I proceeded in that way, would of course have been very numerous.
"Besides these Objections to the General Plan of the Bill, I think it proper to mention another of no less. Consequence; I mean the manner of Providing for the Succession of the joint Treasurers and Trustees, in Case of Death or Resignation, which appears to me very exceptionable, in excluding the Governor from a Share with the Assembly in the appointment of the new Trustees.
"If Gentlemen, you should, on further Consideration, concur with me in these sentiments, and think proper to Frame a New Bill conformable thereto, I shall with pleasure agree to pass it into a Law.
" RICHARD PENN.
" March 12th, 1772."
The Governor at the same time sent to the House by the Secre- tary an answer to their address, in the words following, Viz":
" Gentlemen :
" I shall take such notice of your address Requesting the removal of Charles Jolly from his offices of Judge of the Common Pleas and Justice of the Peace, as I hope will prove satisfactory to the House.
"RICHARD PENN."
"March 12th, 1772."
The Board resumed the Consideration of the Bill entituled "An Act for granting to his Majesty the Sum of four thousand Pounds for the purposes therein mentioned," and the Governor returned the same to the assembly by the Secretary, with a Messuage in these words, viz":
" Gentlemen :
" As you have made the Bill, ' for Granting to his Majesty the sum of four thousand Pounds for the purposes therein mentioned,'
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dependant upon that for altering and extending the excise laws, when you thought proper to drop the one by rejecting my proposed amendments, you put it out of my power to pass the other. I must therefore request that you would Consider of some means to raise the necessary supply for his Majesty's Troops quartered in this Province.
" RICHARD PENN.
" March 12th, 1772."
Then were read the three following Bills, sent up yesterday to the Governor by the Assembly, entituled
"An Act for the relief of such Persons as conscientiously scru- ple the taking of an Oath in the Common Form."
" A Supplement to the Act entituled 'An Act against adultery and Fornication ;" and
" An Act for confirming the Estate of Adam Simon Kuhn, in and to a Certain Lot of Ground, with the Buildings thereon, in the Borough of Lancaster, one of the Title Deeds whereof is lost,"-and there appearing to the Board no objection to either of them. The Governor returned them to the House by the Secretary, with a ver- bal Messuage that he gave his assent to them.
At a Council held at Philadelphia, on Saturday 14th March, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters,
Edward Shippen, Junior,
James Tilghman, } Esquires.
The Governor laid before the Board three Bills sent up by the Assembly for his concurrence, entituled
" An Act for Erecting a part of the Counties of Lancaster, Cum- berland, Berks, Northampton, and Bedford, into a Separate County."
" An Act for the safe keeping and preserving the Records and other Public papers of the County of Bucks," and
" An Act for raising a Fund to pay the Damages done by Dogs within the City and County of Philadelphia, and the County of Bucks."
Which were severally read and Considered, and it was ordered that they should be returned to the Assembly by the Secretary, with several Amendments made to the first mentioned Bill, and a Verbal Messuage to the House that the Governor gave his Assent to the two others.
The Governor acquainted the Board that the Assembly had again sent up to him the Excise Bill, and the Bill for Granting £4000
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Pounds to his Majesty's Service, with a Messuage in Writing, which he laid before the Board, and it follows in these words, Vizt ..
" May it Please your Honor :
"In the Begining of this Sitting, the House finding it necessary to provide for paying the arrears of the public Debts and Supplying his Majesty's Troops in their Quarters, prepared two Bills for those purposes. One of them for raising the money by extending and making the Excise on Spiritous Liquors more Equal; the other granting to His Majesty Four Thousand Pounds out of the Bills to be emitted by the first for Supplying the Troops in their Quarters. These were sent up for the Governor's Assent, but he was Pleased to propose amendments to the first, which, on mature Consideration, the House could by no means admit, and adhering to their Bill, they again sent it up to the Governor for his further Consideration, in hope that its importance to His Majesty's Service and the Pro- vince, with the reason and equity on which, in all its parts, it was founded, would prevail on him to pass it into a Law.
" As the House was Sincerely disposed to concur with the Gov- ernor in every Measure tending to the Public Welfare, and particu- larly in Granting the necessary supplies to his Majesty, it gave them Real Concern to find, on the return of the Bill, that he had rejected it by adhering to his proposed amendments.
" Thus matters respecting this Bill have rested until your Mes- sage of this day, requesting that 'we will consider of some means to raise the necessary supplies for his Majesty's Troops.' Upon which we beg leave to Observe, that Continuing in our former Sentiments respecting the Bills rejected by the Governor, we know of no means of Complying with his desire so proper as that of putting it once more in his power to pass those Bills into Laws, which we do, by again Submitting them to his candid Consideration.
" Signed by order of the House. " JOSEPH GALLOWAY, Speaker. " March 12th, 1772."
It is agreed to postpone the Consideration of the Message till Monday next, when a more full Board may be convened.
VOL. X .- 3. 1
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At a Council held at Philadelphia, on Monday 16th March, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor.
Richard Peters,
James Tilghman,
Lynford Lardner, Andrew Allen, Esquires.
Benjamin Chew,
Edward Shippen, Jun".,
The Governor laid before the Board the Message he received last week from the Assembly with the Excise Bill, with a Draft of a Message he had prepared in answer thereto.
Which follows in these words, Vizt :
" Gentlemen :
" When in my last Message to the House, I requested that you would consider of some means to raise the Supplies necessary for the support of his Majesty's Troops quartered within this Province, I did not expect that you would again have returned to me the Bill for "extending and making the excise on Spiritous Liquors more equal.' However, since you have thought proper, in so particular a manner, to recommend it once more to my Consideration, I shall not decline bestowing on it such further attention as it may Re- quire.
" I have no doubt of your being perfectly Convinced that this Bill is in all its parts founded in reason and Equity, and that it is of Great importance to the Service of the Crown and the Welfare of the Province. At the same time, give me leave to assure you that, upon the most deliberate Consideration, I can at present dis- cover no cause to apprehend that this Bill, under the amendments proposed, would answer all its purposes less effectually than if it should continue in its Original Form.
"This is at present my Candid unbiased opinion, and I cannot willingly recede from my amendments, unless the House, by com- municating the reasons upon which they have formed their Judg- ment, may happily correct mine. As I realy wish to promote the welfare of the Province, so far from declining to receive informa- tion upon any occasion relative to this Important End, I hope the House will do me the Justice to believe that I shall ever be ready to pay a proper Regard to it.
" March 16th, 1772."
"4 RICHARD PENN.
The said Message being read and approved of, the Secretary was- directed to Transcribe the same and deliver it to the Assembly in the afternoon.
The Governor also laid before the Board two Bills which had been sent up to him by the Assembly for his concurrence, entituled as follows, Vizt .
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" An Act for confirming the Estate of John Pawling and others, in and to Certain Lands in the County of Philadelphia ;" and
" An Act for the relief of William Faries and others, Languish- ing prisoners in the Goals of Philadelphia and York Counties, with respect to the Imprisonment of their persons," which was read and referred to further Consideration.
At a Council held at Philadelphia, on Wednesday the 18th March, 1772.
PRESENT : 1209434
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &a.
Lynford Lardner, Andrew Allen,
Benjamin Chew,
James Tilghman,
Edward Shippen, Jun"., Esquires. -
The Board resumed the Consideration of the Bills entituled "An Act for confirming the Estate of John Pawling and others, in and to Certain lands in the County of Philadelphia ;" and " An Act for the Relief of William Faries and others, Languishing prisoners in the Goals of Philada and York Counties, with respect to the Im- prisonment of their Persons," and the Secretary was ordered to re- turn them both to the House, with two small amendments made to the first mentioned Bill, and a Verbal Message that the Governor gave his assent to the other.
The Governor laid before the Board a Message he received yes- terday from the Assembly, in answer to his Message of the 16th Instant; which was read, and follows in these words, Viz" :
"May it please your Honour :
" When we last sent up to your Honour the Bill ' for extending and making the Excise on Spirituous Liduors more equal,' we did not apprehend we acted a part disagreeable to your Inclination, But were induced so to do from the intimation in your former Message attending the Bill for granting to his Majesty £4000, that we had, by ' dropping the one, put it out of your power to pass the other.' After your Honor had rejected this first-mentioned Bill, by adher- ing to your amendments, we conceived that, according to the strict rules and usage of Parliament, it was 'drop'd' by your Honour's own act, not ours. Yet to set matters in their Proper Light, and to prevent any inconveniences which might arise from a mistaken ap- prehension in your Honor that we had 'drop'd' the Bill, we thought it necessary to wave those rules, under an expectation founded in your Message, that his Majesty's service and the Good of the Pro- vince would be sufficiently prevalent to induce you to enact it into a Law. And it is with pleasure we find that you have not, by your last Message, deprived us of that hope.
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" Your Honor is pleased to inform us that you ' have no Doubt of our being perfectly convinced that this Bill is, in all its parts, founded in Reason and Equity,' and at the same time to assure us ' that upon the most deliberate Consideration, you can at present discover no cause to apprehend, under the amendments proposed, it would answer all its purposes Less effectually than if it should continue in its original Form,' upon which we beg leave to observe that, as the Bill is intended to Raise the revenues of the Province, and to enable us to Grant necessary aids to His Majesty, If, under those amendments, it would not answer all its purposes more effec- tually, we cannot conceive why your Honour should reject it, espe- cially as it cannot, with propriety, otherwise be said to be amended.
" However, as your honour is further pleased to intimate that you cannot willingly Recede from your amendments, unless the House, by Communicating the Reasons upon which they have formed their Judgment respecting 'the Reason and Equity of the Bill,' may happily Correct your Honors, And as we are sincerely desi- rous to obtain a Measure of such Public Consequence, we shall chearfully endeavour to do it. The Bill, in the Part to which your Honor's proposed amendments relate, renders Spirituous Liquors Imported by Persons for their own Consumption, and drawn with- out entry, Subject to forfeiture, and their Houses liable to search, in the day time, upon its appearing to a Magistrate, on Oath made, that the importer has drawn such Liquors without entry. Now we apprehend it both Reasonable and just that such Persons who will be so dishonest as to defraud the Government of those Revenues. which are necessrry to its support, and Consequently to their own safety and Protection, can merit but little Favor, and deservedly ought to incur a forfeiture of the Goods. And when we considered that the duty is not to arise on the Importation but on the Draught for Consumption, and hence, that any person Importing may suffer his Liquors to remain by him for years in his Vault or Cellar, and of Course not enter but conceil them during the time of Drawing, we know of no mode so Proper to detect and to prevent Frauds, as to vest the officer with a power, on Good Cause of Suspicion, to search for the Liquors so drawn Contrary to the Intent of the Act. " In this we did not proceed without Precedents set before us, both by the British Parliament and preceding assemblies. In sev- eral statutes for preventing Frauds in collecting the Revenue in Great Britain, we find the like and more severe provisions and penalties. By the Act of Assembly passed in the 31st of his late Majesty, the officer held the like power without any oath made or Warrant Issued, and by the Excise law now in force and extended by the Bill before your Honor, there have been for many years, and still are, severe penalties and Restrictions laid on Retailers, than are by this Clause on the Importers for their own Consumption. In the act for raising County Rates, and the several acts for grant- ing aids to the Crown, to be sunk by a land Tax, the Houses of
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