ments a reasonable one. Lastly, they made it their request, that since, at such a time as that, disputes and contentions between different parts of the government could not but be extremely prejudicial both to the king's service and the welfare of the country, they might be thenceforth laid aside; and that the governor, by passing this just and equitable bill, would lay the foundation of such an agreement as might conduce to the general benefit of all concerned, and prevent the necessity they should otherwise be under, of making an immediate application and complaint against him to their sovereign." 99 They accompanied this message with certain extracts from the journals of parliament, concerning the claims of the lords and the perseverance of the commons in rejecting them; they also, in a separate message, applied for information concerning the Shawanese affair before-mentioned; and in a farther message they apprized him, "That their treasury was quite exhausted by the heavy expenses lately incurred, and that they knew of no way of raising money so expeditiously as that proposed by the bill then before the governor.' After which they subjoined the following expressions, "It is true, the money intended to be struck, may not be current before the thirty-first of December; but as that is not more than six weeks, there is no doubt but that labour, service, and any thing else that money can purchase among us, may be had on credit for so short a time, if the bill passes; and in consideration of the necessity of affording timely assistance to the distressed inhabitants in the back counties, we sincerely hope, and once more earnestly entreat, that the governor will no longer refuse or delay his assent to it." in the same breath, they might be justly charged with doing what would be not only unprecedented and absurd, but what would infallibly secure the end aimed at by the governor, to wit, exempting the proprietaries from taxation; that as to the expedient of assessing the proprietary estate by commissioners instead of assessors, they did not see the necessity of it; that the lords of parliament had, in the year 1692, proposed a like amendment to a money-bill, but finding it could not be carried, had dropped it then, and never revived it since; that it was one of the most valuable rights of British subjects to have their money-bills accepted without amendments, a right not to be given up without destroying the constitution, and incurring greater and more lasting mischiefs than the grant of money can prevent; that of the twenty amend ments offered by the governor to the fifty thousand pounds bill of the last assembly, the present assembly had admitted every one of them that was of any consequence into the present bill, merely for the sake of avoiding all dispute, except that of exempting the proprietary estate; and even that had been so modified as they imagined no objection could remain; that they found, however, in this instance, how endless it was to admit such changes: seeing the governor now wanted to amend his own amendments, add to his own additions, and alter his own alterations; so that, though they should now accede to these, they could not be sure of being ever the nearer to a conclusion; that, as the passing the proposed separate bill was equally inconsistent with the governor's construction of the prohibitory clause in his commission, which he seemed now to have got over; so they hoped he would not, for the sake of a mere opinion, concerning mode and propriety, At this time the house had a militia, bill any longer refuse a bill of so great import- under their consideration, framed in compliance to his majesty's service, and even the ance with the request of sundry petitions they proprietary estate, going daily to ruin, as well had received, setting forth, "that the peti. as the relief of the province; and that the tioners were very willing to defend themsame implicit confidence in his majesty's good-selves and country, and desirous of being ness, which induced him to pass such a bill in any shape, might also encourage him to believe, that any little impropriety, if any there was, would be graciously passed over; that, if there could be any doubts, which was most affected with the miseries of the province; they, who were most of them natives of it, and who had all of them their estates there, or hc, a stranger among them; a consideration of the many bills they had offered in vain for its relief, and their earnest endeavours to give such great sums to that end, would solve them all; and that, upon the whole, the house adhered to their bill without amendments; because it was a money-bill; because the whole sum was granted to the Nothing is more true, than, that the more crown, and to be paid out of the pockets of the clearly and unanswerably you convince a man subject; and because it was in their judg-that he is in the wrong, the more you exas formed into regular bodies for that purpose, This bill was sent up to him on the twentyfirst; and, at the same time, the house called upon him for his result on the bills already before him. thereby, he said he should leave among the rest of the groundless charges against him." Condescend he did, however, to offer one amendment more, which, according to him, was to reconcile all: namely, by the addition of the following words to the exemption clause proposed to be added to the first bill, to wit: perate him against you; and never was any truth more strongly illustrated than this appears to have been in the person of this high and mighty governor. He could not forgive the assembly, because they had put him out of conceit with himself: and the poorer he found himself in arguments, the more strongly his passions excited him to make use of invec-"The estates of the honourable Thomas Penn tives. Invective became his only resource then; and the little power he had over himself, yet farther showed how unfit he was to be a governor. topic, and his being treated as a stranger, he takes a retrospect of their conduct, with an intent to show, that they had treated Mr. Hamilton, though a native, with as many abuses as they had treated him; and here occurs a paragraph or two which must be inserted verbatim, viz. and Richard Penn, esquires, excepted; which shall be taxed in the manner directed by a particular law, passed or to be passed for that purpose." Not willing, however, to rest the Having pronounced his proposal to the as- controversy here, he proceeded to declare, sembly to be a reasonable one, and declared "that their extracts from the journals of parhimself no less astonished than grieved, that liament proved nothing to the purpose for they should reject it; and, more especially, as which they were quoted; the constitution of their best argument for so doing was founded England and the constitution of Pennsylvania on a new and lofty claim of privilege, he en- being no way similar; that how many sodeavours both to prove the novelty and ac-ever of his former amendments they had adcount for the assumption of it, by saying, mitted, their leaving out the most material "It had never been heard of, till towards the one, made the proposal of a separate bill a neclose of Mr. Hamilton's administration, and cessary expedient: so that they had no reathat the assembly being then pressed on the son for bursting out into such a lofty strain of subject of defence, first introduced and have rhetoric concerning his amending his amendsince continued their claim: either wholly to ments, &c. That as to the number of moneyavoid giving money for warlike purposes, or bills he had rejected, they were but five in all, to arrogate unwarrantable powers to them- and all rejected for sufficient reasons, [such as selves." To certain extracts from the minutes we have seen!] and that, if they were disof the council, sent together with this mes-posed to relieve their country, they had many sage to them, he then referred for his proofs, other ways, to which he should have no obthat the governor's right to amend money-jection." Proceeding then to the personal bills was never till then questioned; and after upbraiding them, in his way, for risking the rejection of so important an act, on account of the proprietary exemption, resolved all their reason for adhering to what he called, the indirect and perplexed method of their bill, into their sovereign pleasure to have it so. The same paragraph contained also some strange insinuations, "That, not daring to trust their cause on its own bottom, they had chosen to blend both bills together, that they might have a better chance of having their chief governor and his estate subjected to their mercy." And what with his implicit confidence, that the crown, in the common method, would neither pass that or any other law for the sake of the greatest sums, if the proprietary claim to an exemption was just in itself; and what with his foresight of mani-milton first called upon you, pursuant to his fest inconveniences that might ensue from a total rejection thereof (which he himself had nevertheless persevered in doing.) The next paragraph is hardly to be deciphered at all, except that in the close of it, he attempts to justify his own uncommon method, by saying, "he had separated the two parts of the bill, that the province might be served either way; [which the assembly had been altogether as He had also the disingenuity to mention the provident of before.] Any absurdity in this late defeat of his majesty's forces, in express method he professed himself unable to disco- terms as having happened, "for want of that ver; and the good-natured construction put timely support and assistance which it was upon it by them, of his intending to secure an in the power of the province to have afforded." infallible exemption to the proprietary estate | And having again declared, that he could not 99 "And here, was I inclined to go beyond my own times, I might begin with reminding you how contemptuously you treated the proprietary offer of four hundred pounds, for erecting a place of strength on the Ohio, together with an offer of one hundred pounds per annum towards its support; which offers were made at a time when your concurrence would probably have prevented many of the calamities we now groan under. "I might also observe, that when Mr. Ha majesty's orders, to grant such supplies as would enable him to draw forth the strength of the province, and to repel force by force, you would not admit that the French encroachments and fortifications on the Ohio were within our limits, or his majesty's dominions; thereby seeking an excuse to avoid doing what was required of you.' recede from his amendments, and expressed | through the rest of his majesty's colonies along his satisfaction at their intended complaint the continent. against him, he concluded with the two fol- And the third not only notified the receipt lowing paragraphs, which are equally insidious, injurious, and unbecoming. 66 Upon the whole, it appears clear to me, that you never intended that any of your bills should pass for raising money to defend the province; and this seems now to be placed beyond all dispute, since those people, under whose influence you are chiefly known to be, are said to have declared publicly to you, that they would sooner suffer than pay towards such purposes. "However, I shall put one proof more, both of your sincerity and mine, in our professions of regard for the public, by offering to agree to any bill, in the present exigency, which it is consistent with my duty to pass, lest, before our present disputes can be brought to an issue, we should neither have a privilege to dispute about, nor a country to dispute in." Together with this message, the secretary also brought down another altogether as extraordinary, in which the governor acquaints the house, "that he had considered their bill, for the better ordering and regulating such as were willing and desirous to be united for military purposes within that province; and though there were many things in it of a very extraordinary nature, and that he was convinced it would never answer the purpose of defending the province, even if it could be carried into execution, in any reasonable time, which he was afraid it could not, yet, to show he was desirous of doing any thing that had even a chance of contributing to the safety of the province, he should consent to it in the shape they had sent it, as it would be entering into new disputes, should he amend it properly." And what is, perhaps, more extraordinary still, the governor on the same day, namely, Saturday, November 22, received some despatches from the proprietaries, the contents of which he did not communicate to the house till the Monday following; by which time he was ready to unmask such a variety of batteries, as he thought would be sufficient, by their very noise alone, so to intimidate his antagonists at least, that they should not presume to make him such a return to his last message as they had done to his former. The first was a report from his council, containing such a discussion of Indian affairs as was to be taken for a discharge in full of the Shawanese complaints mentioned in a message from the assembly, at their first sitting, in consequence of the governor's summons. The second was a call upon them to provide for a swarm of French inhabitants banished out of Nova Scotia by governor Lawrence, and sent at a venture to be distributed of the proprietaries' despatches above-mentioned, but farther specified, "That, such was their care and regard for the people, that they had no sooner received the account he had sent them of general Braddock's defeat, than they sent him an order upon their receivergeneral for five thousand pounds, as a free gift to the public, to be applied to such uses as that event might make necessary for the common security of the province; that he had directed the said receiver-general to have the money ready as soon as possible; and that it should be paid by such persons as should be appointed by act of assembly for the disposition of any sum they might think necessary for the defence of the province in that time of danger." Two other clauses were also added: one importing, "That this timely and generous instance of the proprietaries' care and anxiety for the inhabitants, could not fail making the most lasting impression upon the minds of every well-wisher to that country;" and the other, "That the governor upon that occasion again recommended it to them to lay aside all disputes, and to grant such supplies in addition to what the proprietaries had given, as his majesty's service and the pressing exigencies of the province required." That they might not, however, have any merit to plead on either of these heads, but might seem to be driven by force into every such measure as was thus recommended, on the very next day after this, and before it was possible for them to come properly to any resolutions at all; came again the mayor of Philadelphia, having now also prevailed with his corporation to join him and his prompters, with a remonstrance, in a style altogether dictatorial, "reproaching them with loosing their time in deliberations, while their fellowsubjects were exposed to slaughter, and in debates about privileges while they were deprived of the great first privilege of self-preservation, and requiring them to postpone all disputes, grant necessary supplies, and pass a reasonable law for establishing a militia; and in the close of it, recommending despatch, as the people seemed already in a deplorable and desperate state, and they feared it would not be possible to preserve the peace and quiet of the city, or of the province itself, much longer." The house, notwithstanding, to be consistent in all things, called, in the first place, upon their committee for the answer they were directed to prepare to the governor's last invective, which was ready, and in substance as follows; to wit, "That if they could be astonished at any thing which came from their governor, they should be astonished at his repeating charges and calumnies, groundless in themselves, and | tion, but had endeavoured to introduce a so repeatedly, fully, and publicly refuted; French one, by reducing their assemblies to that instead of refuting them, therefore, they the insignificance to which the French parliashould only refer to their former refutations; ments had been reduced; had required them that what he says concerning the risk of los- to defend their country, and then put it out of ing so important an act was mere sophistry their power, unless they would first part with and amusement; that, as they had before as- some of the essentials which made it worth serted, conditional or alternative clauses were defending, which was in fact reducing them common; that in the same act there was an- to an Egyptian constitution: for, that as the other, namely, that in case the four year tax Egyptians were to perish by famine unless did not produce sixty thousand pounds, the de- they became servants to Pharaoh, so were fect should be supplied by an additional tax; they by the sword, unless they also became and, if it exceeded, the overplus should be servants to an absolute lord, or as he was disposed by a future act; to which the go- pleased to style himself, absolute proprietary; vernor had made no objection; that, notwith-that all comparisons made by the governor of standing all the dust he had attempted to raise, himself to his immediate predecessor would it was therefore clear to them, that the bill be to his own disadvantage, the differences was entirely unobjectionable; that their mode between the former gentleman and his assemwas more proper than his, and as safe both for blies having been but small, in comparison the bill, and the pretended rights of the pro- with those then subsisting, and conducted by prietary; that his commission had no such him with some tenderness to his country; that prohibition as he affected to find in it; and how much soever the people were at that that they could not, in a money-bill like this, time dissatisfied with some particulars in his admit of amendments not founded in reason, administration, the present had given them justice, or equity, but in the arbitrary plea- abundant reason to regret the change; that sure of a governor, without betraying the as to the collusion charged upon them, in not trust reposed in them by their constituents, intending any of the bills they had offered for and giving up their just rights as free-born the defence of their country should pass, they subjects of England; that by the charters could, with humble confidence, appeal to the their constitution was founded upon, in ad- searcher of all hearts, that their intentions perdition to the privileges therein specially fectly corresponded with their actions; that, named, thy are moreover entitled to all other not to mention the unfairness of ascribing to powers and privileges of an assembly, accord- a whole people the indiscretion of a few, ing to the rights of the free-born subjects of [those who had declared they would suffer raEngland, and as is usual in any of the king's ther than pay for military measures] the goplantations in America; that the free-born vernor himself must own, they could not be subjects of England had a right to grant their under the influence he supposed, when they own money their own way, the governor did assured him that several more votes had been not deny, nor that the same was usual in given for those measures since they were peother plantations; that therefore they had titioned against, than before; that they were the same right, and should have had it if it totally ignorant of the many other ways of had not been so specified in their charter; raising money, to which the governor had no such free-born subjects, instead of losing any objection; as also, what that other bill might of their essential rights, by removing into the be, which he might think consistent with his king's plantations, and extending the British duty to pass; that he thought it inconsistent dominions at the hazard of their lives and for- with his duty to pass any bills contrary to his tunes; being, on the contrary, indulged with instructions from the proprietaries, which (like particular privileges for their encouragement the instructions of the president and council in so useful and meritorious an undertaking; of the north, mentioned by lord Coke, 4 inst. that indeed their constitution was, in one res- p. 246,) were to them impenetrable secrets; pect, no way similar to that of England, namely, that, according to the same great lawyer's rethe king's having a natural connexion with his mark on governing by such insructions, misera people, the crown descending to his posterity, est survitus ubi jus est vagum aut incogniand his own power and security waxing and tum; that, therefore, it would be in vain for waning with the prosperity of his people; them to search for other ways, or frame other whereas plantation-governors were frequently bills; and that here the matter must rest till transient persons, of broken fortunes, greedy his majesty should be graciously pleased to of money, destitute of all concern for those they governed, often their enemies, and endeavouring not only to oppress but defame them, and thereby render them obnoxious to their sovereign, and odious to their fellow-subjects; that their present governor not only denied them the privileges of an English constituVOL II.... 0 relieve them; since, with the governor, they could no otherwise hope to end their unhappy divisions, than by submitting to one part or the other of the miserable alternative mentioned by him; either not to have a privilege worth disputing about, or be deprived of a country to dispute it in.". But though this answer was, in every par- | invade our country.' Treaty, page 8. The ticular, conformable to the sense of the house, same sentiments appeared among the Six Naand was afterwards printed in the appendix to tions, at the Albany treaty; that the Engtheir proceedings, they declined making use lish and French were only contending which of it; and that for the present reported by the of them should have their lands.' The reacommittee was to the effect following: to soning made use of by the members at this wit, "that the bulk of the governor's long private conference with the late governor message consisted of groundless charges and was, that the land were they proposed to build calumnies, which having been repeatedly re- it was claimed by the crown, and was very futed, might be safely left to themselves; that probably beyond the limits of Pennsylvania; though they had prepared a full answer to that at least it would be beyond the reach of the rest, yet as there were now some hopes of our laws, as appeared by the people already an agreement with him in the money-bill, settled on Juniata, just beyond the North which was the principal business of the ses- mountain; that this, instead of healing, might sion, they submitted it to the house, whether create irreconcileable breaches with our Init would not be more consistent with their dians, considering what sort of people would prudence and moderation to suppress it; that probably reside there; that the Indians had there being, however, one or two new charges never heartily requested it, nor did it seem to brought against the assemblies of that pro- be their interest so to do; and if they had revince, it might be proper to take some notice quested it, as they were in subjection to the of them; that the first of these was, that they Six Nations, it would be necessary to have contemptuously treated the proprietary offer their assent; that this precipitate act would of four hundred pounds, for erecting a place of probably create a jealousy in the French, and strength on the Ohio, and of one hundred give them some pretence of an infraction of pounds per annum towards its support; that the treaty of Utrecht on our part, and might this contemptuous treatment was not specified, finally engage the British nation in a war but might be explained, by a passage out of with France. These, and many other reathe Brief State, [a proprietary pamphlet] sons, were urged at that private conference, where it is said, "the house refused this pro- as several of those members apprehended, to posal a place in their minutes;" that the fact governor Hamilton's satisfaction. And it арwas, however, otherwise; that the said pro- pears by George Croghan's journal, that those posal appears in several pages there specified; Indians neither did, nor did they think they and that nothing farther than what is there, could, give leave to build a house on the Ohio, could properly be made a part of those re- without the express consent of the Six Nacords; and the reason thereof is then assigned tions; and accordingly they took two months in the following narrative; which, for various to acquaint the Onondago council with this reasons, deserves to be made a part of this transaction, and then to send us word, which discourse. they never complied with. "The late governor Hamilton, after sending the message of the thirteenth of August, 1751, requested a private meeting with some of the members of that house, but without any authority from the assembly. "It appears further, by the assembly's message to governor Hamilton, on the twentyfirst of August, 1751, taken from the informations of Conrad Weiser, and Andrew Montour, that the request inserted in George Croghan's journal as made by the Indians at Ohio to this government, to erect a strong trading house in their country, as well as the danger 'tis there said they apprehended from the attempts of the French, was misunderstood, or misrepresented by the person, the governor confided in for the management of that treaty.' But it may be unnecessary to pursue this inquiry into an affair wherein George Croghan thought himself unkindly, if not unjustly, sacrificed to private ends, as is well known to such as were acquainted with this affair, and appears in the letters and other papers sent by himself to some of the mem "At this meeting governor Hamilton of fered, on behalf of the proprietaries, four hundred pounds, towards building such a house upon or near the Ohio, (but not a syllable of maintaining or supporting it.) The Indians were so far from pressing our engaging in it, that instructions were drawn by this government to require it of them, at a treaty held by G. Croghan, in May, 1751, and they evidently showed themselves apprehensive, such an attempt might give umbrage to the French, and bring them down the Ohio with an armed force, to take possession of those lands. And about two years afterwards, these very Ohio Indians, at the treaty held at Carlisle, in Oc-bers of that assembly." tober, 1753, say to our government, I desire you would hear and take notice of what I am about to say; the governor of Virginia desired leave to build a strong house on Ohio, which came to the ears of the governor of Canada, and we suppose this caused him to Coming then to the other new charge, namely, that the assembly would not admit, that the French encroachments were within the king's dominions, they maintain that this charge is as ill-founded as the other; "For, say they, though the house never took upon |