The Bill, entituled "a Supplement to the Act entituled 'An Act for erecting a Light House at the Mouth of the Bay of Delaware, &ca,' was again considered, and the Secretary was ordered to return the same to the House with a Verbal Message, in the words following, viz": "Sir: "The Governor commands me to return the Bill entituled "A Supplement to the Act entituled, 'An Act for erecting a Light House at the Mouth of the Bay of Delaware, &ca.,' to inform the House that he has no other objection to it than that the House have, by inserting the Officers name for collecting the Duties thereby imposed, even without consulting him in the Appointment or Nomination of such Officer, made an Infringement on the Prerogatives of the Crown, with which he is entrusted; and that he cannot, therefore, pass it in its present Form." At a Council held at Philadelphia, on Monday the 19th March, 1764. PRESENT: The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. Į James Hamilton, Benjamin Chew, Esquires. The Governor laid before the Board a Bill entituled "An Act for granting to his Majesty the sum of £55,000, and for striking the same in Bills of Credit, in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & Taxables within this Province," sent up by the House last Week for His Honour's concurrence, & the same being read and considered, it was found liable to the same objections as were made to the last Supply Bill respecting the Taxation of the proprietary located uncultivated Lands and Lots; And, therefore, the Secretary was directed to return it, with the following Verbal Message, to the House, viz": "Sir: "The Governor returns the Bill intituled 'An Act for granting to His Majesty the Sum of £55,000, &ca,' and commands me to acquaint the House that it is Liable to the same Objections which he made in his Message of the Seventh of this Instant, to the last Supply Bill, relative to the taxation of the Proprietary located uncultivated lands and Lots, as must appear at first View, on comparing the Bill with the Decree of His late Majesty. The Governor, therefore, most earnestly recommends it to the House to make the Bill conformable in these particulars to the Said Decree, from the Terms of which he cannot in duty deviate, after which he will readily pass it into a Law." The Bill intituled "a Supplement to the Act intituled 'An Act for the better settling Intestate Estates,"" and for repealing one other Act of General Assembly of this Province, intituled "An Act for amending the Laws relating to the partition and distribution of Intestates' Estates," sent up by the House for the Governor's concurrence, was also laid before the Board, & being read and considered, was ordered to be returned to the House with several Amend ments. Eodem die. The Governor received from the Assembly, by two Members, a verbal Message, in these words, viz1: "The House apprehend that they have, in the Supply Bill, fully complied with the Stipulations entered into by the Agents at the Council Board, relative to the Proprietary located unimproved Lands & Lots, and have expressed the Intention of the same in the plainest Terms. As the Governor thinks otherwise, the House request he would be pleased to explain to them what he takes to be the Intention of the said Stipulation in that respect, it being highly necessary the Act should be expressed in such Terms as that those who are to execute it should clearly understand it." Tuesday, 20th March. The Governor sent to the House follow verbal Message by the Secretary, viz: "Sir: "In answer to the verbal Message from the House, of the last Evening, the Governor orders me to lay before the House a Copy of the Second and third Articles of the decree of His late Majesty in Council, Referred to in his former Message, which are as follows, viz": 2. That the located uncultivated Lands belonging to the Pro-✓ prietaries shall not be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the Inhabitants shall be assessed.' "3. That all Lands not granted by the Proprietaries, within Boroughs & Towns, be deemed located uncultivated Lands, and rated accordingly, & not as Lots.' "The Governor further commands me to acquaint the House that the Agents for the Assembly stipulated that the House would frame a Bill in conformity to the said Order of the Council Board, & that he apprehends the Words made use of in the above articles to be so express and certain, as to admit of no doubt or Ambiguity, and to convey a meaning very different from the Provisions made respecting these matters in the present Bill. But, as the Session hath been drawn out to such an unusual length that the Levies voted by the Assembly will be useless unless they are raised immediately, and a difference in Opinion, or Dispute between him and the House, at this time, with regard to the Intention of the Agents, in the said Stipulations, would probably obstruct his Majesty's Service, and defeat the good Ends proposed by the General, in the aids he hath demanded of this province; the Governor, to avoid these Mischiefs, hopes the House will be pleased to insert in the Bill the above clauses, in the very Words of the Decree." Eodem Die. A Member of Assembly waited on the Governor, and delivered a verbal Message from the House, in the words following, Viz: "As the Governor and assembly differ in their opinion of the meaning of the Words contained in the Stipulations, he mentions, it is very probable, if the same Terms only, are used, the Commissioners and Assessors of the several Counties may differ likewise, in their opinion of the meaning of those Terms, and thence differ in the Modes of Taxation, and the Provincial Commissioners of Appeal may not know what to determine in the last instance. It seems, for that reason, necessary to use Terms more certain and explicit, though expressing the same meaning, which the House have accordingly done. But in order to come to a right understanding with the Governor on this matter, they request he would be pleased to acquaint them whether he understands the meaning of the Stipulation concerning the located uncultivated Lands to be, that the best and most valuable of the Proprietaries' Lands and Lots should be taxed no higher than the worst and least valuable of the Lands and Lots belonging to the people? As the greatest part of the Troops are already raised, the House do not conceive that the settling of this important point, so as to leave it clear, can occasion any Delay prejudicial to His Majesty's Service." In the Evening the Governor sent the Secretary to the House with the following verbal Message, in answer to theirs of this day, but meeting two Members who acquainted him that the House were adjourned till to-morrow, he was directed by the Governor to deliver it as soon as they met in the morn": "Sir: "The Governor commands me to acquaint the House that he will not enter into any dispute with the House about the Intent or Meaning of the Agents in the Stipulations they made, since he is to be guided by the royal Order, and not by the Intention of the Agents. The Lords of the Committee, when they framed the two articles in their Report, a Copy of which was inserted at large in the Governor's Message of Yesterday, and his late Majesty, when he approved of that Report, most certainly understood the Force of the words they made use of to convey their Ideas; if this is once admitted, the Governor is of opinion that the English Language does not afford words more forcible, clear, and explicit, than are contained in the Articles before mentioned, & consequently, that any Amendments or Additions attempted to be made to them by the House, will rather tend to perplex than explain the Royal Order, which induces him again most earnestly to entreat the House to insert the very Terms of the said Order in the Bill." Then two Members returned to the Governor the Bill entituled "A Supplement to the Act entituled 'An Act for better settling Intestates' Estates, &ca,"" and delivered an Answer of the Assembly to His Honour's Amendments thereto, wherein they agree to several of them, and adhere to the Bill with respect to some others, and make a few new ones. Wednesday, the 21st March. The Secretary delivered to the House the verbal Message intended to be sent last Night, and also, returned the Bill for Settling Intestates' Estates, &ca., with the Governor's Reply to the Assembly's Answer to his Amendments thereto, in which His Honour adheres to some of his Amendments, recedes from others, and agrees to the new ones made by the House. Thursday, the 22nd March. Two Members of Assembly waited on the Governor with the Sup ply Bill, and the following written Message from the House; and at the same time acquainted him that the House were very inclinable to make an Adjournment, and desired His Honour would be pleased to appoint a time for passing the Bills, to which His Honour made answer that he should be ready for that purpose, in the Council Chamber, to-Morrow at 12 o'clock. J A Message to the Governor from the Assembly. "May it please your Honour: "The House, on a review of the Messages that have passed between your Honour and them, concerning the Money Bill, beg leave to declare that they had the sincerest desire to comply with the requisitions of His Majesty's General, and, therefore, immediately, at your Honour's instance, voted the number of Men required, and the sum necessary to raise, cloathe, and pay them, and are sorry they should be obliged to say that the Delays & Difficulties they have met with in compleating a Bill to carry that Vote into Execution, have arisen wholly from the intervening of Proprietary Interest & Instructions, which your Honour, who are "no Stranger to the long Disputes and Differences that unhappily Subsisted for many Years between the two Branches of the Legislature, on Bills of the like Nature," must know were ever the great & Sole Obstructions to His Majesty's Service in this Province. "To prevent a revival of those Disputes, the House have, in the Present Bill, complied fully, according to the best of their understanding, with the opinion of the Lords of the Committee, approved by His late Majesty, Respecting our Supply Bill, and, therefore, had the greatest reason to hope that no objection could now arise. to its passage. "But your Honour is pleased to refuse your Assent to the Bill, unless in two of the Six alterations proposed by their Lordships, the very Terms made use of by them in their Report, are inserted in the Bill, alledging that you cannot in duty deviate from them. "Such a reason for not passing this Bill, appears the more extraordinary to us, as the Six articles in that Report are evidently Heads only of proposed Amendments, and do not appear to be ever intended as formed Clauses, the very words of which were to be inserted in our future Supply Bills. "For instance, one is, that the real Estates to be taxed, be defined with Precision, So as not to include the unsurveyed waste Lands belonging to the Proprietaries.' Can it be thought that these words ought to make a part of the Bill? Another is, 'That the Governor's consent and approbation be made necessary to every issue & application of the money to be raised by virtue of such Act.' Another, 'That Provincial Commissioners be named to hear and determine Appeals brought on the part of the Inhabitants, as well as of the Proprietaries Another, That the payments by the Tenents to the Proprietaries of their Rents shall be according to the Terms of their respective Grants, as if such Act had never been passed.' All these appeared to us to be merely Heads of Provisions to be made in the Bill, and the Provisions are accordingly made, tho' in very different Words, but such as fully and particularly express the same meaning. Thus, the last, That the pay |