treaty held at Philadelphia in the September | concern about any other consideration whatpreceding; and declared themselves dispos- soever. ed and resolved to do every thing in their power, if it should appear they had sustained any injury at their hand, to regain their affections, rather than by any neglect or refusal of that justice which was due both to them and all their Indian allies, entail upon themselves and their posterity the calamities of a cruel Indian war, of which they apprehended there would otherwise be but too Emuch danger." And the governor, the same afternoon, sending down another message, importing, "that the enemy had fallen upon the settlements at a place called the Great Cove, and slaughtered or made prisoners such of the inhabitants as could not make their escape; that those adjoining were quitting their habitations and retreating inwards; and that he must therefore most earnestly press them to strengthen his hands, and enable him speedily to draw forth the forces of the province, as any delay might be attended with the most fatal consequences;" they took the same into immediate consideration, and granted sixty thousand pounds to the king's use, to be struck in bills of credit, and sunk by a tax of six pence per pound, and ten shillings per head, yearly, for four years, laid on all the estates, real and personal, and taxables within the province; and on the fourth day afterwards sent it up to the governor for his assent, who, most unwarrantably and cruelly took advantage of the terrors which had seized upon the province, and which he himself had helped to accumulate, to reject it immediately; urging, that it was of the same kind with one he had formerly refused his assent to. And that it was not consistent either with his duty or his safety, to exceed, in matters of government, the powers of his commission, much less to do what his commission expressly prohibited." So that his own safety with regard to his bond and his commission were put into the scale against the safety of the province; and his duty to the proprietaries against his duty to the king and the public; which shows, in one word, that the whole bias of such government is eccentrical and unnatural. His first duty was to concur with the assembly in whatever was necessary for the good and happy government of the province; the necessity of the grant in question, even for the preservation of the province, had been the burden of every one of his speeches and messages. So pressing was the extremity, so imminent the danger, so terrifying the confusion, that the least delay on the side of the assembly had been represented as productive of the most fatal consequences; and yet the smallest proprietary consideration could induce the governor to act as if he did not believe one word he had said, or had the least VOL. II..... .N 9 Whether the proprietaries ought to be taxed or not he would no longer dispute. "It was sufficient for him, he said, that they had given him no power in that case; he reproached them with having sat six days, and instead of strenthening his hands in that interval, with having sent him a message, for regaining the affections of the Indians then employed in laying waste the country, and butchering the inhabitants." But then he chose to forget entirely their application to him at their first sitting, for such intelligence as they might then have proceeded to business upon, and his express declaration, when they proposed an adjournment to him, "that he had no business to impart to them." He, nevertheless, added, "that, upon the repeated accounts he had received of the miserable situation of the back counties, his council had unanimously advised him to repair thither himself, to put things in the best order possible; and that he had hitherto declined it, that he might first know what they had to propose on this occasion; but that having now received a bill from them, which they well knew he could not give his consent to, he despaired of their doing any thing, so should immediately set off for the back counties; that if the people there had not all the assistance their present distresses made necessary, it would not be for want of inclination in him, but of power; that he should take a quorum of the council with him; and that, in case they should have any bills to propose that were consistent with the duties of his station, and the just rights of government, he should readily give his consent to them whenever they were brought to him." This menace of immediately setting off for the back counties, was also another piece of practice on the fears of the assembly; but whatever effect it had without doors, it does not appear to have had much within; on the contrary, the assembly deputed two of their members, to know his determinate resolution, "whether he would or would not pass the bill?" and in the latter case, "to desire him to return it to the house." This message was verbal; and he evaded a present reply by saying, that if the house would send him a message in writing on that head, he would return them an answer; adding, "that he should not return the said bill." A written message was hereupon taken into consideration; but before it could be perfected, another from the governor was brought down by the secretary, importing, "that the Indians living upon the Susquehanna, amounting in all to about three hundred fighting men, had applied to him, to put the hatchet into their hands in conjunction with the provincial forces, and to be furnished with were returned, and the breach grown wider; that for their better information, and without intending the least offence to the governor, they had applied for the last treaty; that their message to this effect was sent upon the second day after their entering upon business; and that the governor had not till then vouchsafed them an answer." Coming then to the bill," They suggested an apprehension, that the governor's immediate refusal of it, because it was of the same kind with one he had before refused, arose from his not having allowed himself time to consider of it;" adding, arms, ammunition, provisions, and strong | diness to do them justice, before hostilities houses, for the protection of their old men, women, and children; that they had desired an explicit answer without further delay, that they might either prepare to act with the province, or provide for their own security; that they had assured him this would be the last application they should make; and that in case it did not succeed, they should leave them as an infatuated people to the mercy of their enemies; that he could not but look upon this as one of the most important matters that ever came under their consideration; as it could not be supposed these Indians would expose themselves to the fury" that indeed all bills for raising money were of an enemy so superior to themselves, unless they were vigorously supported; and as a refusal would unavoidably throw them into the arms of the French; that how fatal this must prove to the inhabitants of Pennsylvania and all the English colonies, they could not be ignorant; that he was ready and desirous to do any thing consistent with his duty to the crown for the protection and assistance, as well those of their allies, as of the said inhabitants; and that upon this important affair, and at the pressing instance of these Indians, he had put off his journey to the backed by the bill, that the king's pleasure might settlements, although he conceived his presence among them at that time to be extremely necessary." so far of the same kind; but this differed greatly from every former bill which had been offered him; that all the amendments (of any consequence) which he had proposed to the last bill he had refused, save that for totally exempting the proprietary estate, had been admitted in this; that being as desirous as the governor to avoid any dispute on that head, they had even so framed the bill, as to submit it entirely to his majesty's royal determination, whether that estate had or had not a right to such exemption; that so much time was allow possibly be known even before the first assessment; that it was farther provided, that if at any time during the continuance of the act, the crown should declare the said estate exempt as aforesaid, in such case the tax, though Thus the defeat of one expedient made way for the trial of another; and what the governor's set-off could not effect, was to be re-at-assessed, should not be levied, or if levied tempted by this put-off. The assembly, however, were equally proof against both; and having adjusted a separate answer to each, sent them up the next day, November 11, by the same messengers. In the first they signified, "that they had come together with the sincerest disposition to avoid, if possible, all disputes whatsoever with the governor; that they were deeply affected with the distresses of the frontier country, and determined to do every thing that could be expected of them for the public safety; that they had immediately voted a large sum for the king's service, and provided a fund for sinking the whole within five years, as recommended by the governor; that as the colony had been founded on maxims of peace, as they had so long maintained an uninterrupted friendship with the natives, and as the French had already gained the Delawares and Shawanese to their interest, they thought it was but natural for them to inquire what cause of complaint had been administered to them, and to express their rea * A pamphlet was written in Pennsylvania, and published in London, entitled, " An inquiry into the cause of the alienation of the Delaware and Shawanese Indians from the British interest," &c., wherein will be found what reason the assembly had to suspect those Indians might have been injuriously treated by the proprietaries and their agents. should be refunded, and replaced by an additional tax on the province; that they could not conceive any thing more fair and reasonable than this, or that the governor would or could start any objection to it: since the words* in his commission, which he was pleased to suppose contained an express prohibition of his passing such a bill, did not appear to them to have any such meaning; that if it was one of the just rights of government, that the proprietary estate should not be taxed for the common defence of all estates in the province, those just rights were well understood in England, the proprietaries were on the spot to plead their own cause, or if as remote as they (the assembly) were, might safely confide in his majesty's known wisdom and justice; that the equity of their being taxed, had appeared so plain even to their best friends there, that they had entered into a voluntary subscription to pay their supposed quota for them, in full assurance, shall extend, or be construed to extend, to give you *"Provided always, that nothing herein contained, any power or authority to do, perform, act, suffer, acquiesce in, or consent or agree unto, any act, matter or thing whatsoever, by means or reason whereof, we, or either of us, or the heirs of us, or either of us, may be hurt, prejudiced, impeached, or incumbered, in our or their, or either of our or their royalties, jurisdictions, properties, estate, right, title or interest, of, in or to, the said province or counties, or any part of them." 66 that if they had been present, they would heavy expenses in cultivating and maintaining have done the same themselves, and would friendship with the Indians, though they reap repay what should be so advanced for them; such immense advantages by that friendship; that if the proprietaries had any of this zeal but that they now, by their lieutenant, refuse for the service about them, this bill, if passed, to contribute any part towards resisting an would give them a happy opportunity of ma- invasion of the king's colony committed to nifesting it, by becoming solicitors to the their care; or to submit their claim of exking for his approbation, and refusing to peti-emption to the decision of their sovereign. tion for an exemption; and that since the right of exemption contended for on their behalf, could never be settled between the governor and assembly, the bill transferred the cause thither where only it could be decided." The residue of this piece contains so full, so noble, and so affecting a recapitulation of the whole dispute, and sets the selfish conduct of the proprietaries and their deputy in so clear a light, that leave must be taken to in-rary safety, deserve neither liberty nor safe sert it verbatim. "Our assemblies have of late had so many supply bills, and of such different kinds, rejected, on various pretences: some for not complying with obsolete occasional instructions (though other acts exactly of the same tenor had been past since those instructions, and received the royal assent;) some for being inconsistent with the supposed spirit of an act of parliament, when the act itself did not any way affect us, being made expressly for other colonies; some for being, as the governor was pleased to say, 'of an extraordinary nature,' without informing us wherein that extraordinary nature consisted; and others for disagreeing with new-discovered meanings, and forced constructions of a clause in the proprietary commission; that we are now really at a loss to divine what bill can possibly pass. The proprietary instructions are secrets to us; and we may spend much time, and much of the public money, in preparing and framing bills for supply, which, after all, must, from those instructions, prove abortive. If we are thus to be driven from bill to bill, without one solid reason afforded us; and can raise no money for the king's service, and relief or security of our country, till we fortunately hit on the only bill the governor is allowed to pass, or till we consent to make such as the governor or proprietaries direct us to make, we see little use of assemblies in this particular, and think we might as well leave it to the governor or proprietaries to make for us what supply laws they please, and save ourselves and the country the expense and trouble. All debates and all reasonings are vain, where proprietary instructions, just or unjust, right or wrong, must inviolably be observed. We have only to find out, if we can, what they are, and then submit and obey.-But surely the proprietaries' conduct, whether, as fathers of their country, or subjects to their king, must appear extraordinary, when it is considered that they have not only formally refused to bear any part of our yearly In fine, we have the most sensible concern for the poor distressed inhabitants of the frontiers. We have taken every step in our power, consistent with the just rights of the freemen of Pennsylvania, for their relief, and we have reason to believe, that in the midst of their distresses they themselves do not wish us to go farther. Those who would give up essential liberty, to purchase a little tempo ty. Such as were inclined to defend themselves, but unable to purchase arms and ammunition, have, as we are informed, been supplied with both, as far as arms could be procured, out of monies given by the last assembly for the king's use; and the large supply of money offered by this bill, might enable the governor to do every thing else that should be judged necessary for their further security, if he shall think fit to accept it. Whether he could, as he supposes, "if his hands had been properly strengthened, have put the province into such a posture of defence, as might have prevented the present mischiefs," seems to us uncertain; since late experience in our neighbouring colony of Virginia (which had every advantage for that purpose that could be desired) shows clearly, that it is next to impossible to guard effectually an extended frontier, settled by scattered single families at two or three miles distance, so as to secure them from the insidious attacks of small parties of skulking murderers; but thus much is certain, that by refusing our bills from time to time, by which great sums were seasonably offered, he has rejected all the strength that money could afford him; and if his hands are still weak or unable, he ought only to blame himself, or those who have tied them. "If the governor proceeds on his journey, and takes a quorum of his council with him, we hope, since he retains our bill, that it will be seriously and duly considered by them; and that the same regard for the public welfare which induced them unanimously to advise his intended journey, will induce them as unanimously to advise his assent. agree, therefore, to his keeping the bill, earnestly requesting he would reconsider it attentively; and shall be ready at any time to meet him for the purpose of enacting it into a law." We There is not in any volume, the sacred writings excepted, a passage to be found better worth the veneration of freemen, than this, "those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety;" nor could a lesson of more utility have been laid at that crisis before the Pennsylvanians. And as to the other message of the assembly, which was sent up together with this, it was so solid and concise that it will not bear an abridgment. 66 May it please the Governor, "We have considered the governor's message of yesterday, relating to the application and pressing instances of the Indians, and are glad to find, that he is at length prevailed on to declare himself ready and desirous to do any thing, consistent with his duty to the crown, for the protection and assistance, as well of our allies, as of the inhabitants of this province in general." We never have, and we hope never shall, desire him to do any thing inconsistent with that duty. He has it now in his power to do what he may think the exigence requires, for the service of the crown, the protection of our allies, and of the inhabitants of the province. As captain-general, he has, by the royal charter, full authority to raise men; and the bill now in his hands, granting sixty thousand pounds, will enable him to pay the expenses. We grant the money cheerfully, though the tax to sink it will be a heavy one; and we hope the bill will receive his assent immediately." With both, a bill was sent up, for supplying the western and northern Indians, friends and allies of Great Britain, with goods at more easy rates, supporting an agent, or agents among them, and preventing abuses in the Indian trade, to which the governor's assent was desired. their representatives, rather than to petition; and whereas the Kentish petition humbly implored, these came with a positive and immediate demand. The mayor of Philadelphia took the lead in this turbulent transaction, and found one hundred and thirty-three inconsiderates, to follow him, under the name of several of the principal inhabitants of that city. To the assembly it was presented, the very day after the two messages, just recited, were left with the governor, "at a time when a bold and barbarous enemy has advanced within about one hundred miles of this metropolis, [the governor had said eighty] carrying murder and desolation along with them;" (thus pompously it began,) "we should think ourselves greatly wanting, &c. if we did not thus publicly join our names to the number of those who are requesting you to pass a law in order to put the province into a posture of defence," &c. A militia by law is the measure they afterwards contend for; and to show how men differ from themselves according to circumstances and situations, the government-doctrine here was, "that the proper and natural force of every country was its militia; without which no government could ever subsist itself, that no sums of money however great could answer the purposes of defence without such a law," &c. And it was in these very words, they had the temerity to enforce their point. "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. The governor's answer was, "that he But, on the present occasion, you will forgive would take the same into consideration, and us, gentlemen, if we assume characters somegive it all the despatch in his power." But thing higher than that of humble suitors, whatever he was pleased to say, both his praying for the defence of our lives and prohead and his heart were at this time taken perties, as a mattter of grace and favour on up with other purposes; how just in them-your side; you will permit us to make a poselves, how agreeable to his commission, and how salutary to the province, the sequel will most properly explain. In the cause of this long and manifold controversy, the proceedings of parliament had been frequently referred to; and the rights of the house of commons as frequently urged by way of sanction for the claims of the assembly, And now the proprietary-party or governor'smen, (for wherever there is influence, there such creatures will always be found) being desirous also in their turn, to avail themselves of their reading, had recourse, it may be presumed, to the famous Kentish petition in the year 1701, as a proper precedent for them to proceed upon, in hectoring the assembly into such measures as they could not be prevailed upon to adopt by any other means. Willing, however, to give their copy the air of an original, they chose to represent to sitive 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.' As also, again afterwards. "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 permit many hands to be put to this representation; but if numbers are necessary, we trust we shall neither want a sufficient number of hands nor hearts, to support and second us, till we finally obtain such a reasonable demand." To a committee it was referred, together with the address from certain of the people called quakers, (recommending peaceable measures, and insinuating, that otherwise many as well as themselves would be under a necessity to suffer rather than to pay) and that concerning unnecessary disputes with the governor, as containing sundry matters of an extraordinary nature, for consideration; and in the mean time, the house plyed the governor with message after message, concerning the bill for regulating their Indian trade, and that for the supply. Both parties apparently wanted to gain time. It was equally dangerous for the assembly to provoke or parley with a multitude; and nothing but new matter from the frontier could give the governor any new advantage over them. His answer to the assembly on the 14th of November was, "That he had given the bill relating to the Indian trade to his clerk to transcribe;" and that, as to the other, "He was then reconsidering it according to the request of the house; and when he came to any resolution upon it, the house might expect his final answer; but he did not know when that would be." What the doctrine was, established in the province, concerning suspending clauses, is already before the reader, and consequently the inference, in case the assembly had been weak enough to swallow the bait thus hung out for them.-But they were neither to be so amused by him, nor so terrified by his allies without doors, as either to forego the use of their understandings, or to act with their eyes open as if they had no eyes at all. This vote was unanimous: and they farther took notice in their minutes of some dissatisfaction expressed at an Indian treaty held in the year 1753, by one of the chiefs of the Shawanese, and some promise made to him on the behalf of the proprietaries, which had not been complied with. Having, therefore, sufficiently canvassed the matter, they first resolved, that they would adhere to their bill without admitting any of the governor's proposed amendments; and then, to make him sensible, that they also had some artillery to ply, as well as he, they farther resolved, "That, in case the governor should persist in refusing his assent to their bill, which was so just and equitable in its nature, and so absolutely necessary at that time for the welfare of the British interest in America, after he should receive the answer At last, on the 17th, that is to say, after of the house to his message then under consihaving been again quickened by another mes- deration, they would make their appeal to the sage, he sent down the latter with a paper of throne by remonstrance, humbly beseeching amendments, and a written message different his majesty to cause their present governor to both in matter and manner from, but alto-be removed, or take such other measures as gether as illusory as the former. For, having might prevent the fatal consequences likely maintained, as before, that he was not author- to ensue from his conduct." ized by his commission to pass such a bill, and yet agreed with the assembly, that their dispute must, in the end, be determined by his inajesty, he changed his objection from the thing to the mode, which he argued was unprecedented, and, in effect, impracticable: for, he said, "The king could not properly give his assent to some parts of an act and reject others; and he then suggested another expedient, namely, for the house to adopt his own amendments sent down with the bill, by which the proprietary estate was entirely exempted; and to prepare and pass another bill, whereby the said estate was to be taxed in the same proportion with every other estate, only not by assessors chosen by the people, but by commissioners reciprocally chosen by himself and the assembly, and also named in the bill; together with a suspending clause, that the same should not take effect till it had received his majesty's approbation. All was closed with a sort of protestation, that nothing but an implicit confidence in his majesty's goodness and justice, that he would disapprove it if it was wrong, and his own most sincere and ardent desire of doing every thing in his power for the good and security of the people committed to his care, could have induced him to pass a law in any shape for taxing the said estate; and a predecision, that if they were equally sincere and equally affected with the distresses and miseries of their bleeding country, they could have no objection to this method of affording immediate succour and relief." The governor, on the other hand, sent down the secretary with intelligence of another massacre committed by the Indians at a place called Tulpehocken; and in a written message farther observed on the supply bill, he had returned, "that no money could be issued in virtue of it till the next January; before which the greatest part of the province might be laid waste, and the people destroyed or driven from their habitations; thence proceeded to demand an immediate supply of money; and concluded with a signification, that, should they enable him to raise money on the present occasion, a law founded on the act of parliament for punishing mutiny and desertion, would be absolutely necessary for the government of them, when not joined with his majesty's regular troops." This was no sooner read than the house adjusted their answer to his former message, in which "They maintained the propriety of their bill in point of mode as well as matter: that conditional or alternative clauses were far from being unprecedented; that the act was so constructed as to be complete either way; that, on the contrary, in pursuing the other method recommended, of passing two bills diametrically contradictory to each other, |