COPIES of several Publick Papers, which have passed in the Province of Pensilvania in the Month of November, 1755.
To the Representatives of the Freemen of the Province of Pensilvania, in General Assembly met.
The Address of some of the People called Quakers, in the said Province, on Behalf of themselves and others.
{Begin inserted text}1755 Nov. 6.{End inserted text} THE Consideration of the Measures which have been lately pursued, and are now proposed, having been weightily impressed on our Minds, we apprehend that we should fall short of our Duty to you, to ourselves, and to our Brethren in Religious Fellowship, if we did not, in this Manner, inform you, that although we shall, at all Times, heartily and freely contribute, according to our Circumstances, either by the Payments of Taxes, or in such other Manner as may be judged necessary, towards the Exigencies of Government, and sincerely desire that due Care may be taken, and proper Funds provided, for raising Money to cultivate our Friendship with our Indian Neighbours, and to support such of our Fellow-Subjects, who are, or may be, in Distress, and for such other like benevolent Purposes; yet, as the raising Sums of Money, and putting them into the Hands of Committees, who may apply them to Purposes inconsistent with the peaceable Testimony we profess, and have borne to the World, appears to us, in its Consequences, to be destructive of our Religious Liberties, we apprehend, many among us will be under the Necessity of suffering, rather than consenting thereto by the Payment of a Tax for such Purposes; and thus the fundamental Part of our Constitution may be essentially affected, and that free Enjoyment of Liberty of Conscience, for the Sake of which our Forefathers left their native Country, and settled this, then a Wilderness, by Degrees be violated.
WE sincerely assure you, we have no temporal Motives for thus addressing you; and, could we have preserved Peace in our own Minds, and with each other, we should have declined it; being unwilling to give you any unnecessary Trouble, and deeply sensible of your Difficulty in discharging the Trust committed to you, irreproachably, in these perilous Times; which hath engaged our fervent Desires, that the immediate Instruction of supreme Wisdom may influence your Minds, and that, being preserved in a steady Attention thereto, you may be enabled to secure Peace and Tranquility to yourselves and those you represent, by pursuing Measures consistent with our peaceable Principles; and then, we trust, we may continue humbly to confide in the Protection of that Almighty Power, whose Providence has heretofore been as Walls and Bulwarks round about us.
THE foregoing Representation was delivered to the Assembly the 6th of November 1755.
A Representation to the General Court of Assembly in the Province of Pensilvania, by some of the principal Inhabitants of the City of Philadelphia in the said Province.
{Begin inserted text}1755 Nov. 12.{End inserted text} AT a Time when a bold and barbarous Enemy has advanced within about an hundred Miles of our Metropolis, carrying Murder and Desolation along with them, and when we see the Country already stained with the Blood of many of its Inhabitants, and upwards of a Thousand Families, who lately enjoyed Peace and Comfort in their own Habitations, now dispersed over the Province, many of them in the most miserable and starving Condition, exposed to all the Hardships and Severity of the Season; we say, in such a Situation, we should think ourselves greatly wanting in Regard for our own personal Safety, as well as in Compassion for our bleeding and suffering Fellow Subjects, if we did not thus publickly join our Names to the Number of those who are requesting you to pass a Law, in order to put the Province in a Posture of Defence, and put a Stop to those savage Outrages, which must otherwise soon prove our Ruin.
WE hope we shall always be enabled to preserve that Respect to you which we would willingly pay to those who are the faithful Representatives of the Freemen of this Province; but on the present Occasion, you will forgive us, Gentlemen, if we assume Characters something higher than that of humble Suitors, praying for the Defence of our Lives and Properties, as a Matter of Grace and Favour on your Side; you will permit us to make a positive, and immediate, Demand of it, as a Matter of perfect and unalienable Right, on our own Parts, both by the Laws of God and Man; and to this we are induced by the following Considerations.
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Upon the Whole, Gentlemen, we must be permitted to repeat our Demand, that you will immediately frame and offer a Law for the Defence of the Province, in such a Manner as the present Exigency requires. The Time does not admit of many Hands to be put to this Representation; but if Numbers are necessary, we trust that we shall neither Want a sufficient Number of Hands nor Hearts, to second and support us, till we finally obtain so just and reasonable a Demand.
The above was signed by the Mayor, Corporation, and an hundred and fifty of the Inhabitants, and delivered to the Assembly, Nov. 12, 1755.
To the Representatives of the Freemen of the Province of Pensylvania, in Assembly met.
A Remonstrance by the Mayor, Aldermen, and Common-council of the City of Philadelphia, in Behalf of the said City.
Gentlemen.
{Begin inserted text}1755. Nov. 25.{End inserted text} YOU were lately called together upon more urgent Business than ever came before an Assembly of this Province; and while you have been sitting, scarce a Day has passed, wherein you have not heard of the inhuman Slaughter of your Fellow-Subjects, and been loudly called upon for that Protection which, by the most sacred Ties, you owe to the People. On such an Emergency, we imagined that you had an easy and expeditious Mode of Procedure before you, namely, to postpone all Disputes to a more seasonable Time, to grant the necessary Supplies on such Terms as those on which the rest of his Majesty's Colonies have granted large Sums for the like Purposes, and lastly, to pass a reasonable Law, in order to collect and regulate the Force of the Province for repelling the present cruel Invasion. Nevertheless, while you have been deliberating, much innocent Blood hath been spilt, a great Extent of our Country laid waste, and the miserable Inhabitants scattered abroad before the savage Spoiler.
WHEREFORE in the most solemn Manner, before God, and in the Name of all our Fellow-Citizens, as you regard the Lives of the People whom your represent, we call upon you, we adjure you, nay we supplicate you, to give that legal Protection to your bleeding Country, which ought to be the chief Object of all Government, at such a perilous Juncture as this. And let it be no longer said, that, while we are daily hearing so much concerning Privilege and Right, we are, in the mean Time, deprived of that most essential Right and great first Privilege, which God and Nature gave us, of defending our Lives, and protecting our Families.
WE profess the same Reasons for this Application, which determined many of the Inhabitants of this City to make a like Application to you on the 12th instant; and as these Reasons now lie before you, we need not repeat them, any farther, than by observing that a well regulated Militia has always been found both the surest, and least expensive, Method of Defence; and that, upon any other Plan, great Sums of Money must be thrown away to little Purpose, and the People thereby burthened with grievous Taxes.
ANOTHER Reason for thus applying to you is, the great Distress which this City, committed to our Care, is like to labour under by the vast Increase of the Poor from all Parts of the Country, and the melancholy Prospect of having far greater Numbers of the unhappy back Settlers driven in upon us from their Habitations, and continually flying to the Shelter and Charity of this City, as the Place of greatest Safety. This must necessarily be prejudicial to the general Course of Business, and enhance the Value of all Necessaries, by encreasing the Number of Mouths, and at the same Time diminishing the Number of Hands that should supply our Market; all which will prove a Burthen upon us too heavy to bear.
SEEING therefore our Affairs are brought to such a Crisis, and as this our reasonable Demand cannot require much Time for your Consideration, having already been so often made to you by Petitions from all Parts of the Province; we do earnestly recommend Dispatch to you. For, as the People seem already in a deplorable and desperate Condition, we fear, it will not be possible to preserve the Peace and Quiet of this City, nor of the Province itself, much longer, if some effectual Methods be not speedily taken for their general Defence and Security.
By Order of the Board,
William Plumsted, Mayor.
Delivered November the 25th, 1755.
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An ACT for the better Ordering and Regulating such as are willing and desirous to be united for Military Purposes within this Province.
WHEREAS this Province was first settled by (and a Majority of the Assemblies have ever since been of) the People called Quakers, who, though they do not, as the World is now circumstanced, condemn the Use of Arms, in others, yet are principled against bearing Arms, themselves; and to make any Law, to compel them thereto, against their Consciences, would, not only, be, to violate a Fundamental in our Constitution, and be a direct Breach of our Charter of Privileges, but would, also, in Effect, be to commence Persecution, against all that Part of the Inhabitants of the Province: And for them, by any Law, to compel others to bear Arms, and exempt themselves, would be inconsistent and partial. Yet, forasmuch as by the general Toleration, and Equity, of our Laws, great Numbers of People, of other religious Denominations, are come among us, who are under no such Restraint, some of whom have been disciplined in the Art of War, and conscientiously, think it their Duty to fight in Defence of their Country, their Wives, their Families, and Estates, and such have an equal Right to Liberty of Conscience, with others.
And whereas a great Number of Petitions, from the several Counties of this Province, have been presented to this House, setting forth, That the Petitioners are very willing to defend themselves, and their Country, and desirous of being formed into regular Bodies, for that Purpose, instructed and disciplined under proper Officers, with suitable and legal Authority, representing withal, that unless Measures of this Kind are taken, so as to unite them together, subject them to due Command, and thereby give them Confidence, in each other, they cannot assemble to oppose the Enemy, without the utmost Danger of exposing themselves to Confusion and Destruction.
And whereas the voluntary assembling, of great Bodies of armed Men, from different Parts of the Province, on any occasional Alarm, whether true or false, as of late hath happened, without Call or Authority from the Government, and without due Order and Direction, among themselves, may be attended with Danger, to our neighboring Indian Friends and Allies, as well, as to the internal Peace of the Province.
And whereas the Governor hath frequently recommended it to the Assembly, that, in preparing and passing a Law, for such Purposes, they should have a due Regard to scrupulous and tender Consciences, which cannot be done where compulsive Means are used to force Men into military Service; therefore, as we represent all the People of the Province, and are composed of Members, of different religious Persuasions, we do not think it reasonable, that any should, through a Want of legal Powers, be, in the least, restrained from doing, what they judge it their Duty to do, for their own Security and the public Good; We, in Compliance with the said Petitions and Recommendations, do offer it to the Governor to be enacted,
And be it enacted, by the Honourable Robert Hunter Morris, Esq; (with the King's Royal Approbation) Lieutenant Governor, under the Honourable Thomas Penn, and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pensylvania, and of the Counties of New Castle, Kent and Sussex, upon Delaware, by and with the Advice and Consent of the Representatives of the Freemen of the said Province, in General Assembly met, and by the Authority of the same, That, from and after the Publication of this Act, it shall and may be lawful, for the Freemen of this Province to form themselves into Companies, as heretofore they have used in Time of War, without Law, and, for each Company, by Majority of Votes, in the Way of Ballot, to chuse its own Officers, To wit, A Captain, Lieutenant and Ensign, and present them to the Governor, or Commander in Chief, for the Time being, for his Approbation; which Officers, so chosen, if approved and commissioned by him, shall be the Captain, Lieutenant and Ensign, of each Company, respectively, according to their Commissions; and the said Companies, being divided into Regiments, by the Governor, or Commander in Chief, it shall and may be lawful for the Officers, so chosen, and commissioned, for the several Companies of each Regiment, to meet together, and by Majority of Votes, in the Way of Ballot, to chuse a Colonel, Lieutenant Colonel, and Major, for the Regiment, and present them to the Governor, or Commander in Chief, for his Approbation; which Officers, so chosen, if approved and commissioned by him, shall be the Colonel, Lieutenant Colonel, and Major of the Regiment, according to their Commissions, during the Continuance of this Act.
Provided always, That, if the Governor, or Commander in Chief, shall not think fit to grant his Commission, to any Officer, so first chosen and presented, it shall and may be lawful, for the Electors of such Officer, to chuse two other Persons, in his Stead, and present them, to the Governor or Commander in Chief, one of whom, at his Pleasure, shall receive his Commission, and be the Officer, as aforesaid.
And be it further enacted, by the Authority aforesaid, that, as soon as the said Companies and Regiments are formed, and their Officers commissioned, as aforesaid, it shall and may be lawful, to and for the Governor, or Commander in Chief, by and with the Advice and Consent of the Colonels, Lieutenant Colonels and Majors, of all the Regiments, being, for that Purpose, by him called and convened, or by and with the Advice and Consent of a Majority of the said Officers, that shall be met and present together, on such Call, to form, make and establish Articles of War, for the better Government of the Forces, that shall be under their Command, and for bringing Offenders, against the same, to Justice; and to erect and constitute Courts-martial, with Power to hear, try, and determine, any Crimes or Offences, by such Articles of War, and inflict Penalties, by Sentence, or Judgment, of the same, on those who shall be subject thereto, in any Place, within this Province. Which Articles of War, when made, as aforesaid, shall be printed, and distributed to the Captains of the several Companies, and by them, distinctly, read to their respective Companies; and all and every Captain, Lieutenant, Ensign, or other Freeman, who shall, after, at least three, Days Consideration of the said Articles, voluntarily sign the same, in Presence of some one Justice of the Peace, acknowledging his having perused, or heard the same, distinctly, read, and that he has well considered thereof, and is willing to be bound and governed thereby, and promises Obedience thereto, and to his Officers, accordingly, shall, thenceforth, be deemed well and duly bound to the Observance of the said Articles, and to the Duties thereby required, and subject to the Pains, Penalties, Punishments and Forfeitures, that may therein be appointed, for Disobedience, and other Offences.
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Provided always, That the Articles, so to be made, and established, shall contain nothing repugnant. but be, as near as possible, conformable, to the military Laws of Great Britain, and to the Articles of War, made and established by his Majesty, in Pursuance of the last Act of Parliament for punishing Mutiny and Desertion, the different Circumstances of this Province compared, with Great Britain, and of a voluntary Militia, of Freemen, compared, with mercenary standing Troops, being duly weighed and maturely considered.
Provided also, That nothing, in this Act, shall be understood, or construed, to give any Power, or Authority, to the Governor, or Commander in Chief, and the said Officers, to make any Articles, or Rules, that shall, in the least, affect those of the Inhabitants of the Province, who are conscientiously scrupulous of bearing Arms, either, in their Liberties. Persons or Estates; nor any other Persons, of what Perswasion or Denomination, soever who have not, first, voluntarily and freely signed the said Articles, after due Consideration, as aforesaid.
Provided also, That no Youth, under the Age of twenty-one Years, nor any bought Servant, or indented Apprentice, shall be admitted to enroll himself, or be capable of being enrolled, in the said Companies, or Regiments, without the Consent of his, or their Parents or Guardians, Masters or Mistresses, in Writing, under their Hands, first had and obtained.
Provided also, That no Enlistment, or Enrollment, of any Person, in any of the Companies or Regiments, to be formed and raised as aforesaid, shall protect such Person, in any Suit, or civil Action, brought against him, by his Creditors, or others, except, during his being in actual Service, in Field, or Garrison; nor from a Prosecution, for any Offence, committed against the Laws of this Province.
Provided also, That no Regiment, Company or Party of Volunteers, shall, by Virtue of this Act, be compelled, or led, more than three Days March beyond the inhabited Parts of the Province; nor detained longer than three Weeks in any Garrison, without an express Engagement, for that Purpose, first voluntarily entore dinto, and subscribed, by every Man, so to march, or remain in Garrison.
This Act to continue Force, until the Thirtieth Day of October next, and no longer.
An ACT for granting the Sum of Sixty Thousand Pounds to the King's Use, and for striking Fifty-five Thousand Pounds thereof in Bills of Credit, and to provide a Fund for sinking the same,
{Begin inserted text}1755 Nov. 27{End inserted text} WHEREAS the King's Service, at this Time, requires extraordinary Supplies from this Province, and the Treasury (by several Sums of Money, already given by former Assemblies, for purchasing Provisions for the King's Forces, erecting and maintaining Posts, Payment of Expresses, clearing of Roads, maintaining of Indians, and other heavy Charges, for the King's Use) is exhausted.
WE, the Representatives of the Freemen of the Province of Pensylvania, being desirous of demonstrating our Duty to our Sovereign, and willing to give a further Testimony of our Loyalty, and the most sincere Affection of his loving Subjects, within this Province, Do pray that it may be enacted, and be enacted, by the Honourable Robert Hunter Morris, Esq; Lieutenant Governor, under the Honourable Thomas Penn and Richard Penn, Esquires, true and absolute Proprietaries of the Province Pensylvania and Counties of New-Castle, Kent and Sussex upon Delaware, by and with the Advice and Consent of the Representatives of the Freemen of the said Province, in general Assembly met, and by the Authority of the same, That fifty-five Thousand Pounds, in Bills of Credit, to be struck by Virtue of this Act, shall be given to the King's Use.
And, to the End that the fifty-five Thousand Pounds, in Bills of Credit, so as aforesaid given, may be duly sunk and destroyed, Be it further enacted, by the Authority aforesaid, That there shall be levied, upon all the Estates, real and personal, within this Province, of all and every Person and Persons (the Estates of the Honourable Thomas Penn and Richard Penn, Esquires, Proprietaries of the Province of Pensylvania, only exeepted, in Consideration of their free Gift herein aftermentioned) the Sum of Sixty-pence, for every Pound clear Value of the said Estates, yearly, for the Space of four Years, to be paid by the Owners or Possessors thereof; and that every single Freeman, whether residing with his Parents, or elsewhere, who, at the Time of the Assessment, shall be of the Age of twenty-one Years, and hath been out of his Apprenticeship or Servitude for the Space of six Months, and is not worth, in Goods or Chattels, thirty Pounds, shall pay the Sum of ten Shillings; except such as now are, or hereafter shall be, engaged in His Majesty's Service: all which said several Sums, so to be raised, as aforesaid, shall be assessed and levied as in and by an Act, passed, in the eleventh Year of the late King George the First, intituled, "An Act for raising of County Rates and "Levies," is directed to be assessed and levied; and that every Article, Clause and Thing, therein contained, concerning the assessing and levying Taxes, shall be used, exercised, and put in Practice, for assessing and levying the Tax hereby imposed, as if the same Articles, Clauses and Things, were inserted in this Act, except in such Cases, as are herein ascertained, provided for, or altered.
And be it further enacted, by the Authority aforesaid, That the Commissioners of the respective Counties, or any two of them, shall, as soon as may be, after the Expiration of six Months, next following the Publication of this Act, issue forth their Precepts, directed to the Constables of every Township, requiring them to bring, to the respective Assessors, within three Weeks next after the Date of such Precepts, fair and true Certificates, in Writing, upon their Oaths or Affirmations, of the Names and Surnames, of all and every the Persons, dwelling or residing within the Limits of those Townships or Places, as in and by the herein before mentioned Act, for raising of County Rates and Levies, and as by this present Act, is particularly set forth and directed to be assessed; But, before the Commissioners and Assessors shall take upon them the respective Service and Duty, by this Act required of them, they shall take an Oath or Affirmation, to the Effect following, that is to say:
THOU shalt, well and truly, cause the Rates and Sums of Money, by Vertue of this Act imposed, to be duly, and equally, assessed and laid, according to the best of thy Skill and Knowledge; and herein thou shalt spare no Person, for Favour or Affection, nor grieve any for Hatred or Illwill; which Qualification shall be administered, as in and by the said Act, for raising County Rates and Levies, is enjoyned and required.
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And be it further enacted, by the Authority aforesaid, That, if the said Commissioners or Assessors shall refuse, or neglect, to perform and discharge the Duties, required of them by this, or the before-mentioned Act, each and every of the said Commissioners, so refusing, shall forfeit and pay, to the provincial Treasurer, the Sum of twenty Pounds.
Provided always, That all Fines and Forfeitures, arising by Virtue of this Act, shall be levied, as in the aforesaid Act, for raising of County Rates and Levies, is directed; and shall be paid, and added, to the publick provincial Stock. Provided also, that the Constables shall have, and receive, for their Care and Trouble, in executing and returning the Precepts, by this Act directed and enjoined, one Penny per Pound, and no more; and that the Assessors, for their Time and Labour, in their Assessments, shall be allowed Three-pence per Pound, upon the whole Sum, contained in the Rates of their respective Counties, after the Assessment is rectified and adjusted by the Commissioners, and no more; and that the County Treasurers shall be allowed, for their Care and Trouble, one per Cent. for Monies, by them received and paid, and no more; and that the Collectors shall retain, in their Hands, for all Sums of Money, by them, respectively, collected, Six-pence per Pound, and no more, any Thing, in this Act, or in the aforesaid Act, for raising of County Rates and Levies, to the contrary notwithstanding.
And be it further enacted, by the Authority aforesaid, That, if the said Collector or Collectors, shall refuse, or neglect, to take upon him, or themselves, the Trust and Duty, required of him or them, by this Act, he or they, so refusing, shall forfeit and pay, to the County-Treasurer, the Sum of ten Pounds each; and the Assessors shall appoint some other fit Person or Persons, in the Place or Stead of the Collector or Collectors, so refusing, or neglecting, as aforesaid.
And be it further enacted, by the Authority aforesaid, That all the Sum or Sums of Money, levied by the Collectors of the respective Districts, throughout this Province, by Virtue of this Act, shall be paid by the said Collectors, to the County Treasurers, and by the County-Treasurers, respectively, into the Hands of the provincial Treasurer.
But be it further enacted, by the Authority aforesaid, That, before the said provincial Treasurer, or the said respective County Treasurers, for the Time being, shall receive any of the Monies, to be raised, by Virtue of this Act, they shall, severally, become bound, with one or more sufficient Sureties, as follows, that is to say, the said provincial Treasurer, for the Time being, in an Obligation of five thousand Pounds, to the Governor or Commander in chief of this Province, for the Time being, and the several County Treasurers, within this Province, each, in an Obligation of one thousand Pounds, unto the Commissioners of the proper County, conditioned for the true and faithful Performance and Discharge of their Dury, respectively, in the Execution and Observance of this Act.
And whereas some Owners of Land, whereon Improvements are made, may not reside, in the same County or District, where such Land lies, whereby it may be difficult to recover or collect the Tax, assessed on the said Land, Be it therefore enacted, by the Authority aforesaid, That the Tenant, or other Person, residing on, and having the Care of, such Lands, their Goods and Chattels, and the Goods and Chattels of the Landlords (on his Refusal, or Neglect, to pay) if there found, shall be liable to be distrained, for the Payment of the said Tax; and, in Case the Tenant, or Person having the Care thereof, shall pay, or their Goods be distrained, for the same; then it shall and may be lawful, to and for the said Tenant, to deduct the Tax, so paid out of the Rent agreed for, or for the Tenant or Tenants, or Person having Care, of the said Lands, to recover the same, from the Owner, by Action of Debt, in any Court, where the same shall be cognizable, together with Costs of Suit. Provided that nothing in this Act, shall, in any Manner, alter any Contract, heretofore made, between any Landlord and Tenant.
And forasmuch as large Tracts of valuable Lands have been located, and held, in this Province, without Intention of Improvement, but merely, in Expectation of receiving, hereafter, higher Prices, for private Advantage; by Means whereof, those Lands remain uncultivated, and great Numbers of People have been necessitated to leave this Province, and settle in other Colonies, where Lands are more easily purchased, to the manifest Injury and Charge of the Publick; and, for as much as those Lands, by the Act, for raising County Rates and Levies, herein before mentioned, are exempted, and cannot, by the Laws, now in Being, be taxed, it is thought reasonable, on this Occasion, to settle the Manner, by which the said Lands shall be assessed and rated, in their Proportion, of the Tax hereby imposed, on all the Estates, real and personal, within this Province.
Be it therefore enacted, by the Authority aforesaid, that all such located and unimproved Lands, shall be rated, according to their Situation and Value, at any Prices, not exceeding fifteen Pounds, nor under five Pounds, for every hundred Acres, of such unimproved Land; and, if the Owner or Owners of the said Lands, or some Person or Persons for them, do not appear, or shall neglect, or refuse, to pay the Rates assessed thereon, by the Space of thirty Days, after the Days of Appeal, then, and so often as this shall happen, the said Lands, together with the Rates assessed thereon, shall be advertized, in the Township or County, in which such Lands do lie, or, in the Place or Town where such Owner or Owners dwell, and the Commissioners of the respective Counties shall, and they are hereby required to, give publick Notice thereof, in the Pensilvania Gazette, for, at least three Months, that Sale will be made, of such Part of the said Lands, as shall be sufficient to discharge the Taxes, due for the same, and all Charges, accruing by reason of the Refusal, or Non-payment thereof; and if the Owner or Owners of such Lands, or some Person or Persons in their Behalf, do not appear, and discharge and pay the said Taxes, with all Charges, as aforesaid, then, the said Commissioners of the respective Counties, are authorized, and hereby impowered, to sell the said Land, or so much thereof as aforesaid, by publick Vendue, to such Person or Persons as may appear, and give most for the same, returning the Overplus, if any be, to the Owner or Owners of such Land, or their legal Representative, as aforesaid, after all necessary Charges deducted; and, when any Sale of such Land, shall be, so as aforesaid, made, by the Sheriff or Coroner, respectively, pursuant to this Act, the Title and Conveyance thereof shall be, by Deed, signed, sealed and delivered, by the Sheriff or Coroner, to such Person or Persons, as shall purchase the same, in Fee Simple; which shall be most absolute and available, in Law, against the said Delinquents, and their Heirs and Assigns, and all claiming under them.
And whereas many Persons, residing in this Province, have seated themselves, on certain large Tracts of Land, neither having Property therein, or paying Rent for the same, yet, nevertheless, do actually hold and occupy certain Parts thereof, and therefrom do receive the like common Benefits, that
the
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the Freeholders of this Province, do, generally, receive, from their Fee Simple Estates; and, to exempt such Persons, seated as aforesaid, from paying their just Proportion of the Taxes, herein directed to be levied, for the Lands they severally hold and occupy, as aforesaid, would be a manifest Injury, to the said Freeholders and other Inhabitants of this Province, made rateable by this Act;
FOR remedying whereof, Be it enacted, by the Authority aforesaid, That all and every Person or Persons, residing within this Province, seated on, occupying and holding Lands, not having the Property thereof, or paying Rent for the same, shall, notwithstanding, give a true Account of the particular Parts of all such Land, which they are, respectively, seated on, both Clear and Woodland, as much as they pretend to hold, to the Assessors of this Province, respectively, when thereunto required; and shall pay their several and respective Taxes, for the same, in like manner, as the Freeholders aforesaid, are liable to do, by Virtue of the Directions of this Act, and, upon neglecting, or refusing, to give such Accounts, and pay such Taxes, as aforesaid, shall be subject to the like Pains and Penalties, as the said Freeholders are subject to, by Virtue of the Directions of this Act, or by the before mentioned Act, for raising County Rates and Levies.
And be it further enacted, by the Authority aforesaid, That the Provincial Treasurer shall, and he is hereby impowered and required to, order and direct the County Treasurers, respectively, so often as he shall think necessary, to lay, before him, the Books and Accounts of the Rates and Assessments, and to pay the Money, that shall be in their Hands, by Virtue of this Act; and, if, thereupon, the said County Treasurers, or either of them, shall neglect or refuse, to produce his said Books and Accounts, and to pay the Monies in his or their Hands, according to the Directions of this Act, the said Provincial Treasurer may and shall, forthwith, proceed against such County Treasurer or Treasurers, so neglecting or refusing, in the same Manner, as the County Commissioners are directed to proceed, against Delinquent Collectors, in the before recited Act, for raising County Rates and Levies, in order to recover the Monies due to the Provincial Treasury, from such Delinquent County Treasurer.
And be it further enacted, by the Authority aforesaid, That the said Provincial Treasurer shall, out of the Money paid into his Hands, by Virtue of this Act, yearly, and every Year, for the Space of four Years, next ensuing the first Day of the Month called May next, pay, into the Hands of the Trustees of the General Loan-Office, for the Time being, thirteen Thousand seven Hundred and fifty Pounds, in Bills of Credit of this Province; which Sums, so to be paid in, to them, the said Trustees shall, yearly, during the Term last aforesaid, be by them produced, to the Committees of Assembly, appointed for that Purpose, and, in their Presence, be burnt and destroyed.
AND the said Provincial Treasurer, for his Trouble, in receiving and paying the Monies, and performing the Duties, by this Act required, shall have and receive ten Shillings for every Hundred Pounds, and no more.
AND the said Trustees, for their Trouble, in receiving and sinking the said Bills, shall have and receive ten Shillings, for every Hundred Pounds, and no more.
AND the said Trustees, for their Trouble, in receiving and sinking the said Bills, shall have and receive ten Shillings, for every Hundred Pounds, and no more.
And be it further enacted, by the Authority aforesaid, That Bills of Credit, to the Value of fifty-five thousand Pounds, current Money of America, according to an Act of Parliament, made in the sixth Year of the Reign of the late Queen Ann, for ascertaining the Rates of foreign Coins, in the Plantations of America, shall be prepared and printed, within two Months, next after the passing of this Act, on good strong Paper, under the Care and Direction of the Trustees of the General Loan-Office, for the Time being; the Charges whereof to be paid, by the Provincial Treasurer, out of the Monies, to arise by Virtue of this Act; which Bills shall be made and prepared, in the Manner and Form following, and no other, viz.
This Bill shall pass current for.:.........., within the Province of Pensilvania, according to an Act of General-Assembly of the said Province, made in the twenty-ninth Year of the Reign of King George the Second; dated the first Day of the Month called January, One Thousand Seven Hundred and Fifty-Six.
AND the same Bills shall have such like Escutcheons, as in the Margin hereof, with such other Devices on the said Bills, as the said Trustees shall think fit, as well, to prevent Counterfeits, as, to distinguish their several Denominations, each of which Bills shall be of the several and respective Denominations following, and no other, viz.
AND the said Trustees shall use the best of their Care, Attention and Diligence, during the printing of the said Bills, that the Number and Amount thereof, according to their respective Denominations aforesaid, be not exceeded, nor any clandestine or fraudulent Practice used, by the Printer, his Servants, or others concerned therein.
AND, for perfecting the said Bills, to make them current within this Province, according to the true Intent and Meaning of this Act, Be it further enacted, by the Authority aforesaid, That all and every of the said Bills shall be signed, by three of the Persons, hereafter named, that is to say, Evan Morgan, John Baynton, Thomas Crosby, Thomas Wharton, Joseph Marriott, Daniel Roberdeau, Attwood Shute, Samuel Neave, Charles Steadman, Jonathan Evans, Edmond Hearny, John Taylor, William Grant, Amos Strettell, Samuel Morris, Jacob Duchee, Thomas Gordon, Charles Meredith, Redmond Conyngham, Daniel Benezet, William Fisher, George Okilt, Abel James, Joseph King, William Vanderspiegal, Joseph Readman, William Shippen, William Griffitts, Enoch Flower, Henry Harrison, Charles Jones, Isaac Paschall, Thomas Davis, and Jacob Lewes, who are hereby nominated and appointed to be Signers of the said Bills, and shall, before they receive, or sign, any of the said Bills, take an Oath or Affirmation, to the following Effect, viz.
That they shall, well, and truly, sign and number, all the Bills of Credit, that shall come to their Hands, for that Purpose, by the Direction of this Act; and the same so signed and numbered, will deliver, or cause to be delivered, unto the Trustees of the General Loan Office, of the Province of Pensylvania, pursuant to the Direction of this Act,
And
{Begin handwritten}142/1 piece 2{End handwritten}
Page 7
And, for avoiding the Danger of Embezzlement, or Misapplication, of any of the said Bills of Credit, it is hereby further Enacted, Ordained and Provided, that the said Trustees, after the said Bills are printed, shall deliver them, to the said Signers, to be signed and numbered, by Parcels; for which, the said Signers, or some of them, shall give their Receipt, that is to say, one thousand Pounds, Value in the said Bills, at one Time, and so from Time to Time, until all the said Bills of Credit shall be signed and numbered; yet so, as that, the said Trustees shall not deliver any other of the said Bills, to the Signers aforesaid, whilst the Sum in their Custody exceeds one thousand Pounds; of all which Bills of Credit, so delivered to be signed by the Trustees, true Account shall be kept, by the Signers; who, upon their Re-delivery of each, or any Parcel of the said Bills of Credit, by them signed and numbered, to the Trustees of the General Loan Office, shall take the Receipt of the said Trustees, to charge them, before any Committee of the Assembly, to be appointed for that Purpose.
And each of the said Signers shall have fifteen Shillings, for every thousand of the aforesaid Bills, by them signed and numbered, to be paid, by the provincial Treasurer, out of the Monies to arise, by Virtue of this Act; and if any of the Persons before nominated to be Signers, shall happen to die, or be rendered incapable of doing his or their Duty, by this Act required, the Assembly, for the Time being, shall or may appoint some other Person or Persons, in his or their Stead, from Time to Time, until all the Bills, hereby directed to be made, be wholly signed and numbered, as aforesaid.
And be it further enacted, by the Authority aforesaid, That all the aforesaid Bills of Credit, to be made as this Act directs, shall be current Bills of this Province, until the first Day of the Month called January, in the Year, One Thousand seven Hundred and Sixty, and no longer; and, as such, shall, during the said Term, be received in Payments, for the Discharge of all Manner of Debts, Rents, Sum and Sums of Money, whatsoever, due, payable or accruing upon, or by Reason of, any Mortgage, Bill, Bond, Specialty, Note, Book, Account, Promise or other Contract, or Cause whatsoever, as if the same were tendered or paid, in the Coins mentioned in such Bond or other Writing, Book, Account, Promise, Assumption, or any other Contract or Cause whatsoever; and, at the Rates, ascertained in the said Act of Parliament, and shall be so received, in all Payments, by all Persons, whatsoever.
And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall presume to counterfeit any of the said Bills of Credit, to be made current by this Act, or shall be aiding or assisting therein, or shall enlarge the Sum, exprest in any of the said Bills, or shall utter, or cause to be uttered, or offered in Payment, any such Bill or Bills, knowing the same to be forged or counterfeited, or the Sum or Value therein altered, with an Intent to defraud any other Person, He, She or They, so offending, and being therefore legally convicted, shall, for every such Offence, incur and suffer the same Pains and Penalties, respectively, as Forgers, Counterfeiters, or Alterers of Bills, are, by former Acts of Assembly, now in Force, directed to incur and suffer; and the Discoverer or Prosecutor, by Virtue of this present Act, shall be entitled to like Rewards, as, by former Acts, is directed, in respect of the Bills, thereby made current.
And whereas the honourable Proprietaries of this Province have, towards the Defence thereof, been pleased to make a free Gift of five thousand Pounds, to the Publick, Be it farther Enacted, by the Authority aforesaid, That the said Sum of Five thousand Pounds shall, immediately after the Publication of this Act, be paid, by the Receiver General, into the Hands of Isaac Norris, James Hamilton, John Mifflin, and Benjamin Franklin* Esquires, and Joseph Fox, John Hughes and Evan Morgan, Gentlemen; who, or the Major Part of them, or of the Survivors of them, with the Consent and Approbation of the Governor, or Commander in Chief of this Province, for the Time being, and not otherwise, shall order and appoint the Disposition of all the Monies, arising, or that shall come to their Hands, by Virtue of this Act, for supplying our friendly Indians, holding of Treaties, relieving the distressed Settlers, who have been driven from their Lands, and other Purposes, for the King's Service.
And that the Receipt or Receipts of the said Isaac Norris, James Hamilton, John Mifflin, Benjamin Franklin, Joseph Fox, John Hughes, and Evan Morgan, or a Majority of them, or of the Survivors of them, to the said Receiver General, or to the Trustees of the Loan Office, shall discharge him or them, respectively, of and from so much of the said Sums of five thousand Pounds, and fifty five thousand Pounds, by this Act granted, or mentioned to be granted, as may be in such Receipts expressed; and the Receipts to the Trustees shall be, by them, produced to the Committees of Assembly, for the Time being, and be allowed, in the Settlement of the Accounts of the said Trustees.
And be it further enacted, by the Authority aforesaid, That if the four Yearly Taxes, to be levied by Virtue of this Act, shall not be sufficient to sink the full Sum of fifty five thousand Pounds, in Bills of Credit, hereby to be issued, and defray all incident Charges, in such Case, a farther Tax or Taxes, in the next succeeding Year or Years, shall be laid and levied, in the same Manner, as the said four Yearly Taxes are directed to be laid and levied, until the said fifty five thousand Pounds is fully compleated; and if the said four Yearly Taxes shall produce more, than the said fifty five thousand Pounds, the incident Charges, as aforesaid, being defrayed, the Overplus shall be disposed of, in such Manner, as, by Act of General Assembly of this Province, shall be hereafter ordered and directed.
Signed by Order of the House,
ISAAC NORRIS, Speaker.
{Begin inserted text}Philadelphia Nov. 27, 1755.{End inserted text} I assent to this Bill, enacting the same, and order it to be enrolled,
Rob. H. Morris.
By his Honour's Command.
Richard Peters, Secretary.
The foregoing, contained in thirteen Pages, or Sheets, is a true Copy of the original Act therewith examined,
per me
C. Brockden, M. R. Dep.
**********
* - Since Mr. Franklin was mentioned, let's take a look at some of his thoughts on the subject, shall we?
"Just before we left Bethlehem, eleven farmers, who had been driven from their plantations by the Indians, came to me requesting a supply of firearms, that they might go back and fetch off their cattle. I gave them each a gun with suitable ammunition. We had not march'd many miles before it began to rain, and it continued raining all day; there were no habitations on the road to shelter us, till we arriv'd near night at the house of a German, where, and in his barn, we were all huddled together, as wet as water could make us. It was well we were not attack'd in our march, for our arms were of the most ordinary sort, and our men could not keep their gun locks dry. The Indians are dextrous in contrivances for that purpose, which we had not. They met that day the eleven poor farmers above mentioned, and killed ten of them. The one who escap'd inform'd that his and his companions' guns would not go off, the priming being wet with the rain."
- Benjamin Franklin, The Autobiography of Benjamin Franklin, 1771-1788 - Pg. 146.
Hmmmm, Benjamin Franklin a Gun dealer? Who would have known, eh?
"You will have heard before this reaches you of the Commencement of a Civil War; the End of it perhaps neither myself, nor you, who are much younger, may live to see.(1) I find here all Ranks of People in Arms, disciplining themselves Morning & Evening, and am informed that the firmest Union prevails through -out North America; New York as hearty as any of the rest. I purpose to communicate to you from time to time the most authentic Intelligence I can collect here, and hope to hear frequently from you in the same Way."
- Benjamin Franklin, May 8. 1775 letter to David Hartley. [Letters of Delegates to Congress: Volume 1]
Letters of Delegates to Congress: Volume 1
Benjamin Franklin to Silas Deane
Dear Sir, Philada Augt. 27. 1775. I am much oblig'd by your Favour of the 13th Inst. Mr [William] Goddard, Riding Surveyor to the (',en. Post Office is gone to the Southward, for Settling the new Post-Offices all along to Georgia. Mr [Richard] Bache, the Comptroller, is to set out next Week Northward on the same Business, who will take with him Directions from me to establish all the Officers in your Government that you recommend and the new Offices and Stages that appear likely to support themselves.
I am glad to hear that the Gunsmith's Business goes on so well with you. We make great Progress on it here; but the Price is high. If we would acquire that Manufacture in Perfection, it must be by assuring the Workmen of a large Demand, for a Number of Years, and at a Price certain. Then they will be encourag'd to bring up Apprentices for different Parts of the Work, and also to make Tools and Machines for facilitating & expediting it, such as Fuages for Lock Plates & Cocks Mills for grinding and boring the Barrels, &c. Those bred to Parts of the Work only, will dispatch more and do it better. And then I am confident Arms may be made as good and as cheap in America as in any Part of the World. I intend therefore to propose to our Assembly to give that Encouragement here, by engaging to take 2000 Muskets per Annum for Ten Years, at a good Price, which I doubt not will in that time establish the Manufacture among us; and an Arsenal with 20,000 good Firelocks in it, will be no bad thing for the Colony. As the Numbers of People are continually increasing, we can never be long overstock'd with the Article of Arms. And I wish the Congress may think fit to recommend the same Project to the other Colonies.
I congratulate you on the plentiful Year with you as well as with us. It makes one smile to see in the English Papers, the Ignorance of some of their Political Writers, who fancy we cannot continue the Non Importation Agreement; because if we do it must starve us.
I lament with you the Want of a naval Force. I hope the next Winter will be employ'd in forming one. When we are no longer fascinated with the Idea of a Speedy Reconciliation, we shall exert ourselves to some purpose. 'Till then Things will be done by Halves.
Those you mention who seem frightened at finding themselves where they are, will by degrees recover Spirits when they find by Experience how inefficient merely mercenary the regular Troops are, when oppos'd to Freeholders & Freemen, fighting for their Liberties & Properties. A Country of such People was never yet conquer'd, (unless through their own Divisions) by any absolute Monarch and his Mercenaries. But such States have often conquer'd Monarchies, and led mighty Princes captive in Triumph.
I shall be curious to hear more Particulars of your new mechanical Genius. A Mr Belton who I fancy comes from your Province & is now here has propos'd something of the kind to us; but is not much attended to.
With great Esteem, I am Sir, Your most obedient humble Servan B Franklin
RC (Mrs. Wharton Sinkler, Philadelphia, Pa., 1974) ."...All property, indeed, except the savage's temporary cabin, his bow, his match coat, and other little acquisitions absolutely necessary for his subsistence, seems to me the creature of public convention. Hence the public has the right of regulating descents and all other conveyances of property, and even of limiting the quantity and uses of it. All the property that is necessary to a man for the conservation of the individual and the propagation of the species is his natural right, which none can justly deprive him of; but all property superfluous to such purposes is the property of the public, who by their laws have created it, and who may, therefore, by other laws, dispose of it whenever the welfare of the public shall demand such disposition. He that does not like civil society on these terms, let him retire and live among savages. He can have no right to the benefits of society who will not pay his club towards the support of it...."
- Benjamin Franklin, Dec. 25, 1783 letter to Robert(?) Morris. [The Revolutionary Diplomatic Correspondence of the United States, Volume 6.]
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