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every Inhabitant of this Province, and the most secret parts of them, are liable to be broke open and entered in case of Non-payment of the assessment on a Precept from the County Commissioners; besides, to subject the numerous Retailers within this Province to an entry of their Houses without oath or Warrant, as is declared in a part of the Bill to which your flonor makes no objection, and at the same time to exempt from such Entry, tho' upon Oath and Warrant, and impose a Penalty only on a few Importers for an equally Injurious Breach of the Law, would in our opinions, be such a Deviation from the Rules of Equity and Impartiallity, that we cannot think it justifiable to adopt.
“It is with much pleasure that we receive the Governor's Assurance that he wishes to promote the Welfare of the Province, and that he is so far from declining to receive Information on any occasion Relative to that important end, that he hopes we will do him the justice to believe that he shall ever be Ready to pay a proper regard to it,' as it induces us to hope, after these Reasons and Precedents offered to his Consideration, in favor of so important and necessary a Bill, he will pass it without further Hesitation.
- JOSEPH GALLOWAY, Speaker. “ March 17th, 1772."
The Governor thereupon declared to the Board that, though he continued of the same mind with respect to the Reasonableness and propriety of his Amendments to the Exercise Bill, he should now consent to pass it as it stands; and the Secretary was directed to Carry it down to the Assembly, with the Bill for granting Four thousand pounds to his Majesty's use, and to acquaint the House that the Governor agreed to Enact them both into Laws whenever they should be presented to him for that Purpose.
Two Members of Assembly then waited on the Governor and presented to him a Message from the House, which was read at the Board, and follows in these Worde, Viz":
6 May it please your Honor:
“ Having spent much time in forming the Loan Office Bill, on such principles as we apprehend, would secure the solidity of the Funds and Credit of the Bills, and at the same time give to all the Counties an Equal opportunity of participating in the benefits to arise from the Loans, we thought we had performed that part of our duty on a Plan the Local Circumstances of the Province considered the most unexceptionable. But as we find ourselves, notwithstanding, 80 unfortunate as to differ in Sentiments with the Governor on the subject, and as he might otherwise be a stranger to the reasons and motives of our Conduct in this particular, we think it necessary to Communicate them, so far as they relate to objections mentioned in his last Message.
In our Estimation, this Bill is one of the first Consequence to the Public Interest and Welfare. We expected by it greatly to advance the Improvement, Population and Commerce of the Province, besides raising on the People in the most easy and eligible manner, a Considerable Revenue. These important Objects in view, and earnestly desirous to accomplish them, we first debated and fully considered a Bill brought in on the Plan recommend by Your honor, of Former Loan Office Laws. In these the establishment of Offices in the several Counties' were omitted, and the Legislature Contented themselves with instituting only one in Philadelphia ; nor were more necessary to the Infant state of the Province, when it consisted of four Counties only. The People and their Settlements were confined within a Narrow Compass; the Trustees from the Neighboring Counties could attend their duty, and the borrowers procure the money and make their apuual Payments with little Trouble and expence, on the days appointed. But, upon applying this Plan to the l’resent Circumstances of the Province, so essentially varying from those which existed at the time it was adopted, and taking into our Consideration the addition of five new Counties, the great extent of their Settlements, the Distance of their Inhabitants from the City, the Difficulties, Trouble, and expence which their Trustees in attending their Duty, and their People in procuring the Money and making their Annual Payments, would incur, it appeared to us, that adhering to the form of the old Bills in Establishing but one Office, and that in Philadelphia, would operate in a great measure to exclude the People who were particular Objects of the Bill, and as many of them are indebted to the Proprietaries for Lands, stand most in need of its aid from a participation in the Benefits to arise from the Loans. From these Inconveniences, however calculated those Laws might be to the situation of the Province at the time they were formed, it seemed to us neces. sary, in our present Bill, so far to deviate from them as to put the five new Counties in a Capacity to partake of the Loans, in common with the rest of the People. To effectuate a purpose so desirable and just, we knew of no mode so adequate as that of instituting an • Office in the several Counties.' If, then, an Office in each County is Necessary, impartially and extensively to diffuse the advantages to be derived from the Loans, and it be just (which your Honor does not seem to Controvert) to oblidge the Several Counties to the payment of their Respective Deficiencies, which might Arise from defective Titles and want of Value in the Estates mortgaged, we thought it also but Reasonable and just that the People on whose property those Deficiencies were to be Levied, should have a Share in the appointment of the Trustees who were to judge of the Validity of those Titles and that Value. Nor were we apprehensive that Great inconveniencies, if any, would arise from Vesting the Power of appointing them' in the Commissioners of the
Counties, in Conjunction with any three Justices of the Peace,". as in this, as well as in constituting an Office in each County, we did not Materially deviate from that Policy which the Legislatures
of neighbouring Colonies, whose Circumstances are, in the point before us, Similar to those of this Province, have for the like reasons, thought proper to adopt. Thus your Honour will perceive, that if we have deviated from old Forms, we have followed more applicable Precedents of a Modern date, which have met with his Majesty's Royal approbation.
“We assure the Governor, as he has been pleased to intimate that he has no Objection to a Loan Office Bill, it is with real con- ; cern we find that we have failed in Obtaining his Concurrence in a. measure of so much Public importance, on a Difference in Sentiment respecting the Form.
"But after the unusual length of our sitting, we must content, ourselves with thus explaining the Reasons which moved us to fix on the Present Plan of the Bill, in hope that on Consideration of them they will have their due Weight with the Governor.
“JOSEPH GALLOWAY, Speaker. . “ March 17th, 1772."
Friday 20th of March, 1772, A. M.
Two Members of Assembly waited on the Governor, and acquainted him that the House, intending to adjourn to-morrow, requested he would be pleased to appoint in the meantime two Members of Council to join with two Members of Assembly in Comparing the Engrossed Copies of the Bills which have been agreed to with their Originals; His Honor reply'd that he would Comply with their Request.
At a Council held at Philadelphia, on Friday 20th March, 1772.
PRESENT : The Honourable RICHARD PENN, Esquire, Lieutenant Governor &c.
Esquires. The Governor laid before the Board a Bill entituled " An Act for laying out Roads and highways within this Province," which was read, and it being found to contain a Clause repealing that part of an Act of Assembly passed in the 12th year of the Reign of William the third, entituled “An Act to Impower the Justices in each County to Lay out and Confirm all Roads except the King's Highways and Public Roads, which impowers the Governor and Council to lay out public roads in this Province, it was returned to
the House by the Secretary, with a Message that the Governor could not agree to pass it into a Law.
Then was Read and Considered a Bill entituled “An Act for the Relief of Richard Stephens with respect to the Imprisonment of bis Person, which was agreed to and returned to the House with the Governor's assent.
A Committee of two Members of Assembly then waited on the Governor, and presented him for Concurrence two Bills entituled " An Act for Confirming the Estate of Samuel Phipps in and to Certain Lands in the Township of Goshen in the County of Chester;" and “An Act to declare and make void the pretended Marriage of Rebecca Vapakin with a Certain Jobn Martin, and for other purposes therein mentioned," both which was read, and there appearing no objection to the first mentioned Bill, it was returned to the Assembly with the Governor's assent, and the latter was refered to for further Consideration Tomorrow.
The same Committee acquainted the Governor that the House proposed to adjourn to the 18th of May next, if His Honour had no objection thereto, and also Requested the Governor would be pleased to appoint a time for passing the Bills for which he had given his assent. The Governor answered that he had no Objection to their proposed Adjournment, and that he should be ready to pass the Bills at 12 o'Clock to-morrow.
At a Council held at Philadelphia, on Saturday 21st March, 1772.
PRESENT : The Honourable RICHARD PENN, Esquire, Lieutenant Governor, &c. Lynford Lardner,
James Tilghman, Benjamin Chew,
Andrew Allen, Esquires : Edward Shippen, jun"
The Board resumed the Consideration of the Bill for declaring and making void the Pretended Marriage of Rebecca Vanakin with a Certain John Martin, &ca., and the Secretary was directed to deliver a Verbal Message to the Assembly, that the Governor thought proper to keep it under Consideration till their next sit
Council Chamber, Saturday 21st March, 1 o'clock, P. M.
Mr. Edward Shippen, Mr. Allen, and the Secretary, having Compar'd the several Engrossed Bills with their Originals and found them
to agree, The Governor sent a Message to the Assembly by the Secretary, requiring their attendance, that he might enact into Laws the several Bills which had received his assent. The House accordingly attended, and the Speaker presented to the Governor twenty' nine Bills, which His Honour enacted into Laws, and signed a warrant for affixing the Great Seal to them. The Laws were afterwards Deposited in the Rolls Office, and are entituled as follows, Viz" :
"An Act for the support of the Government of this Province, making the Excise upon wine, rum, Brandy, and other Spirits more Equal, and preventing Frauds in the Collecting and paying the said Excise."
“An Act for vesting a certain tract of 450 acres of Land, situate in Frederick township, in the County of Philadelphia, com. monly called the Perkioming Copper mine tract, in trustees to be sold, and for other purposes therein mentioned.”
“An Act for opening and better amending and keeping in Re. pair the Public Roads and highways within this Province." . .
“An Act for the sale of Goods distrained for Rent, and to sé. sure such Goods to the Person destraining the same, for the better security of Rents, and for other purposes therein mentioned.”
“An Act to prevent Frauds and abuses in the Manufacturing of Leather.”
“An Act for regulating Chimney Sweepers within the City of Philadelphia, the district of Scuthwark, and the Township of the Northern Liberties."
“An Act for Preventing Frauds and Perjuries."
“ An Act for Granting to his Majesty the Sum of Four thousand Pounds, for the purposes therein mentioned.”
“An Act to regulate the Assize of Bread, and for other Purpo. ses therein mentioned.”
“An Act to enable William Kemble of the City of Philadelphia, taylor, to hold lands, and to invest him with the Privileges of a natural born Subject of this Province.”
“An Act for the recovery of divers sums of Money from the Persons therein Mentd."
“ An Act for rendering Justices of the Peace more gafe in the Execution of their office, and for indemnifying Constables and others in acting in Obedience to their Warrants.".
“ An Act to enable the Commissioners therein named to settle the accounts of the managers of a Lottery, set up and drawn for repairing the meeting House, and building or repairing the House for the Residence of the Minister of the Presbeterian Congregation of Newtown, in the County of Bucks, and to sue for and Recover such sums of money as remain due and unpaid on account of the said lottery."
"An Act to enable the owners of ye. Lands called the Pidgeon Swamp, in the Township of Bristol, in the County of Bucks, to