And as to the former, it related to the currency-bill, returned at the same time with some few amendments, to which he, the governor, presumed the house could have no objection; and concluded with these remarkable expressions: "I cannot, however, but acquaint you, that in giving my assent to this bill, I have acted rather in compliance to your repeated application, than that, in my own judgment, I could think an addition to our currency at this time, absolutely necessary: I am in hopes, nevertheless, that as the sum to be emitted is not exorbitant, it may be attended with no bad consequences to the province." governor of Canada, and of the condition of the | ties to scour the woods before them, he had Twigtwees, as well as the other Indians, our not sent the present of condolence, for fear of allies, upon the waters of Ohio, and upon ma- its falling into the enemies' hands, &c. ture deliberation, have resolved to contribute generously to their assistance, by a present suitable to their want of the necessaries of life. "Though the alliance between the crown of Great Britain and the Six Nations, and the protection and assistance they expect to receive in virtue of that alliance, is more immediately under the direction of the government of New York; and although Virginia, at this time, has entered largely into the trade, and will, no doubt, on the present occasion, assist them and their allies, yet we have always endeavoured, in proportion to our abilities, by presents, as well as by obliging our Indian traders to behave with justice towards them, to preserve their friendship; and on the present occasion, notwithstanding we have the misfortune to differ in sentiments with our proprietaries in the part they ought to bear in these expenses, we have rather considered the advantages both they and the province may receive by our liberality, which we have voted cheerfully, and recommended the distribution to the care of the governor, that the Six Nations at Onondago (upon any application to be made to him in their own behalf, or for their allies who reside to the westward, and are likely to be more immediately affected) may be satisfied, and the present intended them best answer their necessities, and our peaceable and friendly intentions." The present was eight hundred pounds; two hundred pounds as a present of condolence to the Twigtwee nation, for the loss of fourteen of them, cut off in the preceding year, by the French and their Indians,* and the rest to be distributed by the governor among the other nations, at his own discretion. Thus far all was calm and quiet; and at their next meeting, in the latter end of August, they received two other messages from the governor, relating to the money-bill and the Indian present: the latter importing, that he had not, as yet, received any application for any purpose whatever, from any of the Indians; nor even such well-grounded advices of their wants and distresses as to induce him to make any use of the credit reposed in him: that he had, however, despatched Weiser [the interpreter] for intelligence; and that, having received advices by all who came from the westward, that the French were on the march towards the Ohio, and had sent out their par *They suffered this loss in defence of some English traders then in one of their towns. The French came with a strong body, and demanded that the traders and their goods should be delivered up to them. The Indi: ans determined to protect them, but were overpowered by numbers; some of the traders were killed, and the Test carried to Montreal, and afterwards sent prisoners to France. This was before the commencement of the present war, and one of the many hostilities of the like kind previous to our seizing their ships. Now the principal of these amendments was the following proviso, viz. "Provided always, and it is hereby farther enacted by the authority aforesaid, that this act or any thing therein contained, shall not take effect, or be deemed or construed or taken to have any force or effect, until the same shall have received the royal approbation of his majesty, his heirs, or successors." Which proved to be so far from being unobjectionable, that, upon the question, the house unanimously resolved, "Not to agree to this amendment, because they apprehended it to be destructive of the liberties derived to them by the royal and provincial charters, as well as injurious to the proprietaries' rights, and without any precedent in the laws of the province." And the governor, on the other hand, adhered, "Because the clause so proposed to be added was founded on the additional instruction from the lords justices, in pursuance of the commons' address above specified; which instruction had been known to the province ever since January, 1740; and consequently, they might see the reason of his adding it was such as he could not allow himself the liberty of receding from." And here it is to be lamented, that, while this affair was first under the consideration of parliament, neither the proprietary nor the provincial agent thought fit to lay those clauses of their charter before the house, by which the said proprietary and the assembly are entrusted with the whole legislative power, subject to the royal revision and ratification, and may even put laws not inconsistent with their allegiance in force, for the term of five years, without it; since, in all probability, that measure would have produced some such a temperament as might have prevented the broil which ensued apparently for want of it. The assembly took the governor's reply immediately into consideration, and prepared a suitable rejoinder; in which having interwoven the unanimous resolution just specified, they declared themselves assured, from the report of their committee, to whom they vincial charter, without putting them to the disagreeable necessity of examining the validity of such instructions, &c. And, lastly, as to the issue of their inquiry, concerning the necessity of contending for the present amendments, they not only declared themselves at a loss to find it out, but also called upon the governor to comply with the general voice of the people, and the repeated unanimous applications of their representatives in granting them and the province the seasonable relief provided for in the bill, by giving his assent to it as it stood. had referred both the clause and the exami- the terms granted them by the royal and pronation of their laws, that there had not been one single instance of a law passed under such a restriction as that then contended for, from the first settlement of the province to that day. And here they might have safely stopt, if they had thought fit, seeing nothing could be added in their justification stronger than their charter-claims, and such a series of practice founded upon them: but, willing to be every way fortified, they entered farther into an inquiry, why so dangerous an experiment should be then pressed upon them without the least apparent necessity? and proceeded to show, that the instruction itself How the governor was circumstanced may was a temporary one: that, though it was di- be gathered from his actions: he adhered to rected to a governor of that province among his amendments, and returned the bill as bethe rest, it neither did nor could suit their fore, with a written message, in which he circumstances, either at that or any other persevered in holding up the instruction as an time before or since: that this, having been insurmountable bar, till revoked, to the asmanifested to and acknowledged by the lords sent required of him; urging, that his predeof trade, the ends of it, as to them, had been cessor had done the same, in 1746: that the fully answered that the said lords, in their assembly admitted the validity of it in ordinareport to the house of commons, subsequent ry cases; and, without pretending to dispute, to that address to the throne concerning the only hoped he would find himself at liberty, paper currencies of America, having signifi- on a re-consideration, to give his assent, noted, that they would humbly propose that his withstanding, to a currency-bill when any majesty would be graciously pleased to repeat extraordinary emergency required it: that his orders to his governors of the plantations, then, it seemed plain, they did not think an not to give their assent, for the future, to any instruction, founded on an address of the combill or bills for issuing or re-issuing paper- mons, was either illegal or temporary, or demoney, proceed to say, "We hope these pro- structive of their liberties; that if these were positions for reducing and discharging the then the sentiments of both governor and assempaper-currency of the plantations, may have bly, there was no room for the insinuation that a good effect in those governments which are he had been the first to press so dangerous an held by immediate commission under his ma- experiment; that if there was no instance bejesty; but we are very doubtful, whether they fore of a like clause offered, there was, perwill produce the like effect in the charter go- haps, no instance of the like instruction, which vernments, who do apprehend themselves by otherwise, it was to have been supposed, their particular charters and constitutions to would have met with the same dutiful obedibe very little dependent upon the crown, and ence; that a restraining instruction was, perfor that reason seldom pay that obedience to haps, on no occasion so necessary as in the his majesty's orders, which might be reason- business of money, over which the king had ably expected from them;" that, notwithstand- peculiar prerogatives; that if they could make ing what is here said concerning the repeti- it appear to his majesty's ministry, that an addition of these orders, they had good reason to tion to their currency was at that time necessabelieve those orders, at least to their govern- ry, the royal compliance was not to be doubted; ors, had never been repeated: that a bill, in that with regard to the former currency-bill which was a clause to inforce the orders and by them cited, he was still of the same opiinstructions of the crown in America had been nion; but that surely a very moderate share repeatedly brought into parliament, and as of penetration was sufficient to distinguish beoften rejected: that the governor himself had tween an act to enforce all orders and instrucrepresented this bill (to restrain the issues of tions, and an instruction founded on an adpaper-money) as of mischievous tendency: dress of parliament; that they would certhat even the very proprietaries had made a tainly allow him to judge for himself in a merit of opposing it: that, as in the act of par-point recommended to his observance on pain liament for that purpose which did pass in of incurring his majesty's highest displeasure; June 1751, the eastern colonies alone were that he did not by any means blame them for included; so Pennsylvania was left in full pos- contending for what they apprehended to be session of its rights, even by the parliament their rights and privileges, consequently itself: that, as the date of the governor's com- could have no objection to their examining mission was many years posterior the date of the validity of the king's instructions, providthe instruction, they hoped and presumed, heed they proceeded with such temper and mowas at full liberty to pass all their acts upon deration, as might give the world no room to repeat the charge brought against the chartergovernments by the lords of trade, of apprehending themselves very little dependent on the crown; and that, upon the whole, he was sincerely of opinion, the royal instruction was of the same force as when the late governor told the assembly, in the year 1746, he could not bring himself to such a pitch of boldness as to contravene it. It is obvious, that the conjuring up the ghost of these departed instructions, was only to strike an awe into the assembly, and thereby prepare them for what farther practice, the new orders which could not but accompany the proprietary's paper already recited, might erjoin. The king, the king's ministers, and the house of commons, were authorities too big for a provincial representative to compete with, and therefore it might be supposed their very names would serve. But they were too wise and too steady to be amused, and the difference of language made use of by the proprietaries and their governor, was alone sufficient to warrant the different conduct they observed; for though the governor talked only of the sovereign power, the proprietaries talked only of themselves; "If we shall be induced from the state of your trade to consent to an increase of your paper-currency." Not thinking themselves obliged, therefore, to consider what additional inducements were necessary to incline those great men to suffer their deputy to discharge the duty of his commission, the assembly chose to lose their bill rather than pay more for it than it was worth. Accordingly, the governor's amendments being again put to the question, were again rejected unanimously; and a committee was appointed to answer his message, which they did in such a manner as showed they were more anxious to do justice to their cause than make their court to the governor. What governor Thomas did in passing the five thousand pounds act, they urged against what he said; the validity of instructions in ordinary cases, said to be admitted by the assembly of that time, they explain away, by saying, the distinction was only made use of to furnish the governor with a pretence, or inducement to pass the bill: that this was not the first instruction unlimited in point of time, and remaining as yet unrevoked, which neither was or would, as they hoped, be observed; since there was one still to be found in the council-books to governor Keith, dated July, 1723, requiring him, for the future, not to pass any private act without a suspending clause, till his majesty's approbation had been first obtained; that unfortunate, indeed, would the case of Pennsylvania be, if governors were never to be freed from the obligation of occasional instructions. "If the king," said they, "should judge all the purposes of his instruction answered, upon passing the papermoney bill in parliament in 1751, we must, nevertheless, for ever continue under the burden of it without redress. And if we should suppose the governor is restricted by the proprietaries from giving his assent to the emission of any farther sum in bills of credit, as we have very little reason to doubt, if then the proprietaries should be pleased to withdraw that restriction, and leave him at liberty to pass all our acts upon the terms granted to us by our charters, what will this avail if the governor continues to think he can never be freed from the obligation of his instructions?" More materially still, they also subjoined the articles following, viz. "We apprehend all royal orders and instructions subject the governors to whom they are directed, and their successors too, as the governor is pleased to inform us, to the royal displeasure, unless such instructions are revoked by his majesty's authority; and yet we cannot find that governor Keith, to whom it was directed, or governor Gordon his successor, or governor Thomas, or our present governor, have ever thought themselves under any danger of incurring his majesty's displeasure for a total neglect, and direct disobedience to the additional instruction of the lords justices in 1723, the original of which we make no doubt, as well as of the instruction of 1740, is in the governor's possession; and the substance of both we know to be printed with the minutes of our house. Why then an instruction, allowed to be in force in 1723, and still unrevoked, should be of no effect, and an additional instruction of the lords justices in 1740, possibly revoked by the conduct of the succeeding sessions of the same parliament, upon whose address to his majesty that instruction was founded, should be so strictly binding, is what we cannot appre hend. "But if the liberty the governor contends for can mean, that we must allow him to judge for himself, how far he may or may not obey such royal instructions, at his own risk, (as his majesty's highest displeasure is threatened against him particularly) and at his own pleasure too, then we must own we are at a loss to distinguish any great difference between the mischievous tendency of an act to enforce all orders and instructions of the crown whatever, and the necessity the governor is pleased to think we are under to allow him the power of enforcing them whenever he shall think fit; with this preference, however, that we would far rather choose to submit ourselves, and our cause, to the king and the justice of a British parliament, than to the mere will of our governor, whether to enforce or disregard them, however they may have answered their ends, or otherwise abated of their force; and in the present case, we hope the governor, on reflection, will pay some regard to the judgment of the same parliament from which the address to the crown had been preferred to issue this additional instruction, who, although requested in their next session by the board of trade, to address the crown again, that he would be pleased to repeat his instructions to the governors in his American colonies, have not only never complied therewith, that we know of, but have since passed an act for restraining the issuing bills of credit in those particular colonies, where, after a full inquiry, they found such emissions injurious to the trade of Great Britain, or not calculated to do justice between man and man, and have left us, as we presume, exonerated from the burden of this additional instruction, and in full power over our laws upon the terms of our charters; and so long as we ask nothing farther than is warranted by these, we hope it neither will nor can interfere with the royal prerogatives. "It may be presumed, the representatives of this province, when met in their assemblies, have some valuable privileges yet left, in framing their laws, to do justice between man and inan, without the aid of an additional instruction; and we hope it cannot be expected that we should very easily part with those rights and depend on royal instructions, over which we are to allow the governor the power he is pleased to contend for; and we have no reason to doubt, all men of understanding and candour will prefer a regular course of laws, occasionally suited to the times, and framed by the representatives of the people, annually chosen, and assented to by their governor, to a series of instruction sent for that purpose from so great a distance. "For our own part, we are fully satisfied and assured, that so long as we continue in our duty and loyalty to the best of kings, who has been pleased to declare, that nothing in this world can give him so much pleasure as to see (his subjects) a flourishing and happy people and neither claim, nor desire, other or greater privileges than those we have a right to, under the grant of his royal predecessors, we can have nothing to fear from a king and a British parliament; and, as it is our duty to defend these in the best manner we are able, in the faithful discharge of so high a trust, we shall have the satisfaction of our own minds, and, we hope, the countenance of all good men, notwithstanding the governor's opinion, that the charge made against this province (among other charter provinces) by the board of trade, is not much to our advantage." And having before declared their persuasion or assurance, that the governor might pass the law in question, or any other law consistent with the royal charter, without the least apprehension of his majesty's displeasure, they finally suggest, that it must be not only a loss of time to the representatives, but a great expense to the country, to prepare bills for the governor's assent, which he was bound by private instructions from the proprietaries not to pass. Unanimously this report was approved of; and yet, from a principle of moderation we must presume, it was left to be reconsidered by the next assembly; as also was another report, received the same day from the committee, appointed to draw up a reply to the paper last transmitted from the proprietaries, of which, as a debt both of honour and justice to the province, some account is now to be given. Sixteen sections or paragraphs, it must be recollected, that paper was composed of; and one by one they are severally considered, acknowledged or refused. The declaration contained in the first is acknowledged to be a noble one, and worthy the rank held by the proprietaries: the insinuation in the second is declared to be not only groundless but also injurious; the assembly, instead of opposing the proprietary interest, having consulted that interest, even in the very point in question, if it was consistent with their interest to have a good understanding with the people; to obtain which a method was proposed: to the intimation contained in the third, that after they had ordered their governor to give the answer which he did to the former application, they had no reason to expect a repetition directly to themselves, &c.; it was replied, that repetitions, when they are supported with new reasons, and contain answers to those given for refusing the request that had been made, are justifiable in all cases, except where the persons applied to were sure to be infallibly right, or incapable of hearing reason: to the fourth, containing the opinion of the lords of trade, concerning the obligations incumbent on the proprietaries as chief governors, to pay a part of public charges, the committee say, that the house did not require their contribution as governors but as proprietaries; which was according to William Penn's own distinction formerly made; and considering them, as in the same paragraph is afterwards done, to be the wealthiest inhabitants of the province, it follows undeniably, that such their contributions were therefore due to the province in proportion to their substance in it: in their answer to the fifth, they both combat with and complain of a misrepresentation contained in it, as a thing unworthy the dignity of the proprietaries and chief governors of a province, urging, that they did not assert, purchases were made directly with the people's money; but only, that they were made on the more reasonable terms, because of the pro vincial presents attending them; and that this was advanced as an additional reason why the proprietaries should bear, at least, a proportional part of the expense of such presents; sharing in the first place, as they did, in the good from these treaties resulting to the whole, and engrossing, over and above, a very considerable advantage to themselves. To the sixth, which insinuates, that the people are able enough to pay these expenses without the assistance of the proprietaries, they retort most unanswerably, that because they are able to pay, it does not follow, that, therefore, they are obliged to pay unjustly; as also, that they, the proprietaries, are as able as themselves, and asking, why that reason, which, it was plain, was not sufficient to induce them to pay a part, should be held of force enough with the people to induce them to pay the whole after which they declare the charge against them in the said paragraph of aiming to captivate the weakest of the people, &c. to be an absolute mistake, unsupported with the least degree of probability, the proprietaries not having had any formidable share in the people's esteem for many years past, nor the supposed address to the people made, nor the representation itself published, nor even the votes on which it was founded, till after the election was over, &c. Upon the seventh, concerning the expediency of showing a due regard to the proprie taries and their interest, they comment as follows, "that is, as we understand it, though the proprietaries have a deputy here, supported by the province, who is, or ought to be fully impowered to pass all laws necessary for the service of the country, yet, before we can obtain such laws, we must facilitate their passage, by paying money for the proprietaries which they ought to pay; or, in some other shape make it their particular interest to pass them we hope, however, that, if this practice has ever been begun it will never be continued in this province; and that since, as this very paragraph allows, we have an undoubted right to such laws, we shall be always able to obtain them from the goodness of our sovereign, without going to market for them to a subject."-They afterwards expatiate on the word rank as applied by the proprietaries to themselves in the same paragraph; concerning which they say, we cannot find on perusing the representation in question, that it contains any treatment unsuitable to their rank. The resolve of the house was, that to prevent dissatisfactions on all sides, they should be requested, in the most reasonable and most respectful manner, to agree upon a proportion of Indian charges to be paid by them and the province according to justice: and it may be submitted to the judgment of all impartial persons, whether the representation drawn in pursuance of the resolve, was VOL. II.... F 66 4* not both reasonable in itself and respectful in the manner. It was not, as the proprietaries represent it, an address to the public. It is not to this day made public. It was a private application to themselves, transmitted to them through the hands of their governor. Their true interest (which they will always find to consist in just, equitable, and generous measures, and in securing the affections of their people) was consulted in it, and one suitable means proposed to obtain that end. As to rank, the proprietaries may remember, that the crown has likewise been pleased to give the assemblies of this province a rank; a rank which they hold, not by hereditary descent, but as they are the voluntary choice of a free people, unbribed, and even unsolicited: but they are sensible that true respect is not necessarily connected with rank, and that it is only from a course of action suitable to that rank they can hope to obtain it.” Coming then to the eighth, they express their surprise at the concern affected by the proprietaries, on their being, as they say, laid under a necessity of acquainting the public with a state of the provincial revenue, the said revenue being annually settled, stated, printed, and published by the assembly, and having so been for thirty years past: adding, that whatever reasons the proprietaries might have to make a secret of their revenue, the province had none.-The manner in which the proprietaries reason concerning taxes they object to in the next place, as inaccurate and inconclusive: asserting, that taxes, how reasonably soever imposed or willingly paid, are, nevertheless, taxes: that all taxes ought upon the whole, to produce more good to those who pay them, than the same sum left at their own disposal, in which case they are no burden, &c. and concluding thus; "after estimating our whole present revenue, as if it had been the same for twenty years past, and would certainly continue, though the proprietaries know it depends on temporary acts near expiring, the renewal of which is at best dubious, they conclude that four hundred pounds a year, for Indian expenses, is a small sum, and that we are under no necessity of being frugal, on this account, of the public money. This four hundred a year is the sum that they find has been paid on an average for twenty years past, and they take no notice of its being a growing charge, and that for the four last years before the representation, it amounted to nearly twelve hundred a year, which we conceive disinterested persons will think a very large sum: and although the same excise might have been raised, if not half that money had been expended, it does not seem to us to follow, that the proprietaries ought not to have paid their just proportion of it; if the sum be small, their proportion of it must have been smaller: and the money so saved might have been ap |