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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 scruple 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 versbal Messuage that he gave bis assent to them.
At a Council held at Philadelphia, on Saturday 14th March, 1772.
The Honourable RICHARD PENN, Esquire, Lieutenant Gov
James Tilghman, } Esquires.
The Governor laid before the Board three Bills sent up by the
“An Act for Erecting a part of the Counties of Lancaster, Cumberland, 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
Pounds to his Majesty's Service, with a Messuage in Writing, which he laid before the Board, and it follows in these words, Viz":
"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 Province, 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 Governor in every Measure tending to the Public Welfare, and particularly 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 Message of this day, requesting that we will consider of some means to raise the necessary supplies for bis 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.
At a Council held at Philadelphia, on Monday 16th March, 1772.
The Honourable RICHARD PENN, Esquire, Lieutenant Governor. Richard Peters,
James Tilghman, Lynford Lardner,
Esquires. Benjamin Chew,
Edward Shippen, Jun" The Gorernor 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, Viz': " Gentlemen :
“When in my last Messuage 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 bave 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 discover 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 communicating the reasons upon which they have formed their Judgment, may happily correct mine. As I realy wish to promote the welfare of the Province, so far from declining to receive information 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.
“RICHARD PENN, “ March 16th, 1772."
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, Vig! :
“An Act for confirming the Estate of Jobn 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 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: The Honourable RICHARD PENN, Esquire, Lieutenant Gover
Andrew Allen, Benjamin Chew,
Edward Shippen, Jun" Esquires. James Tilghman,
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 Philade and York Counties, with respect to the Imprisonment of their Persons,” and the Secretary was ordered to return 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 yesterday 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 £1000, 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 adhering 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 inconveniencies which might arise from a mistaken apprehension in your Honor that we had drop'd' the Bill, we thought it necessary to wave those rules, under an expectation founded in Four Message, that his Majesty's service and the Good of the Province 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.
“ 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 effectually, we cannot conceive why your Honour should reject it, especially as it cannot, with propriety, otherwise be said to be amended.
However, as your bonour 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 desirous to obtain a Measure of such Public Consequence, we shall cbearfully 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 without entry, Subject to forfeiture, and their Houses liable to search, in the day time, upon its appearing to a Magisérate, 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 bis 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 several 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 granting aids to the Crown, to be sunk by a land Tax, the Houses of