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should engage in the king's service, might be should be deprived of their laws by an act of indemnified out of the funds raised for the the government of the three lower counties; public service. And the nature of this review therefore, as that act was passed by the gorequires, that the sequel of this message vernor himself, we presume, instead of applyshould be given in the governor's own words, ing to us upon this occasion, he will think it which were as follows, to wit:
his duty to call the assembly of the three “ His majesty has further commanded me lower counties, to whom it belongs, to contito recommend it to you, to pass effectual nue their law to the time limited by the other laws for prohibiting all trade and commerce governments. with the French, and to prevent their being “ It is well known that Maryland raises supplied with provisions; and as the law late great quantities of wheat, pork, and other proly passed here for an embargo will, by the ex- visions, and yet, as we are informed, their piration of the act for that purpose passed in ports have hitherto continued open to the exthe lower counties, end on the seventh of ports of provisions from thence; the governor July, I hope you will prepare a proper bill for will therefore judge the necessity of recomcontinuing an embargo, so necessary for his mending a prohibition there, without which, majesty's service, and the safety of these co we apprehend, the acts of the northern and lonies, for some time longer.
eastern colonies must prove ineffectual.” “ The secretary will lay before you extracts The bill of supply already before the house, of the secretary of state's letters to me, relating was, in the next placed resumed : and to clear to the matters now recommended, and I hope the way as they went, a new message was you will without delay enter upon the consi- sent to the governor to know, whether he had deration of them, and comply with his majes- come to any resolution on the excise and Inty's expectations.
dian trade bills ? to which, in effect, he an“ The money heretofore given for the king's swered, that, as to the latter, he thought his use will be very soon expended, and I shall amendments to it so just and reasonable, that in that case be under a necessity of disbanding he could not, therefore, recede from them; the troops raised for the defence of the pro- and as to the former, that he had added a vince, and of destroying or abandoning the clause by which the money to arise by it, was several forts erected upon our frontiers; I to be disposed of in such a manner as the gomust therefore desire you will grant such vernor and commander-in-chief, and in case further supplies as the present situation of our of his death or absence, the president of the affairs require.”
council and the assembly should direct ; adTo the clause relating to the embargo, the ding, “ this manner of disposing of the public house ordered an immediate answer to be pre- money appears to me most conducive to the pared; in which, having told him what he general interest, and you will obserye by an could not but know before, “ that they had al- article in the proprietary instructions to me, ready done what was now required of them, which I send you herewith, that I am restrainby a law still in force, and which would have ed from passing any bill of that nature without so continued till August 4, the time limited by such an appropriating clause.". the law of New York, provided the three And this instruction was delivered in the lower counties had also passed a law conform- terms following, to wit: able thereto," they proceeded in these words ; “ You shall not give your assent to any law
“ As provisions might be exported from this for prolonging the present excise, or laying province through those counties not subject any other excise, or raising any money on the to our laws, and great quantities are raised inhabitants of the said province of Pennsylvathere, we were fully apprized that any re- nia, unless there be an enacting clause, that straints we could lay upon our exportations all money arising from the said excise, or here would by no means put a stop to the sup- other duties, shall be disposed of only as we plying the French with provisions, unless that or either of us, exercising the office of governgovernment prohibited the exportations from or, or the lieutenant-governor, or, in case of thence also; we therefore limited the continu- his death or absence, the president of the counance of our act accordingly, and we must own cil, and the house of representatives, for the the astonishment we were under, when we time being, shall direct; and not otherwise.” found the governor had enacted a law there Thus the great proprietary secret, so long invalidating the acts of the other colonies, by suspected, so long and so cautiously preserved, limiting the continuance of their act to one and which had operated so mischievously and month only.
dangerously, not only to the province of Penn“ As our act prohibits the exportation of sylvania but all the provinces adjoining, was provisions in conformity with the law of New at last acknowledged ; and it thereby became York colony, with which New Jersey, we undeniable, that, under such a commission, understand, has also complied, the governor enforced by a penal bond upon the holder of cannot think it reasonable, that the colonies it, neither the province could be protected, of New York, New Jersey, and this province, the king served, or the interest of the com
munity maintained, unless the freemen parted out of the arrears of their quit-rents; and that with their birth-rights, and the special confirm- it being impracticable to collect such a sum ations of them contained in their charter. fast enough to answer the public demands,
And it is equally to be wondered, that any the deficiency could no otherwise be made two subjects in the king's dominions, should good than by act of assembly for striking the presume to exact such concessions from their sum of four thousand pounds, remaining due fellow-subjects as his majesty himself neither on the proprietary-order, in bills of credit, to has, or makes any claim to; and that any be sunk out of the growing payments as they gentleman should submit to serve them on should come in. This, in short, was the fasuch equally tyrannical and servile terms. vour applied for on their behalf by their re
The resolutions of the house hereon were ceiyer-general, who declared, at the same worthy of the occasion, and as such are equally time, that he had consulted the governor on worthy of having a place in this work. this head, who had expressed his readiness to
“ Resolved, that it is the opinion of this concur with the house in a reasonable bill for house, that the said proprietary instruction that purpose; not directly to the assembly, was the principal, if not the only, obstruction however, was this favour applied for; nor as to the passing of several bills offered to the a favour to the proprietaries; (that would governor by the last assembly for granting have been beneath the proprietary dignity ;) money for the king's use.
but by the interposition of the commissioners “ That the act for laying an excise on wine, of the sixty thousand pounds act. The asrum, brandy, and other spirits, passed in the sembly nevertheless gave way to the expediyear 1744; and the act granting five thou- ent; the receiver-general had leave to bring sand pounds for the king's use, passed the 24th in a bill for the purpose; and the same, with of June, 1746, by which the said act for lay- a different preamble, was passed and sent up ing an excise on wine, rum, brandy, and other to the governor. The difference is this ln spirits, was continued for ten years next after the first, the reason assigned for the bill was the first day of June, 1746, have received the to this effect; " whereas the proprietaries royal approbation.
have been pleased to make a free gift of the “That acts laying an excise on "spirituous sum of five thousand pounds towards the publiquors have been found necessary for defray- lic charge, &c. whereof their receiver-geneing the charges of government, and have ral had as yet been able to pay but one thoubeen continued within this province for more sand pounds; to the end, therefore, that the than thirty years; and that the governor's not good intentions of the proprietaries in the said passing the bill presented to him for continu- gift may be fully answered, and the public ing the excise, upon the terms of all our may receive the immediate benefit thereof, former acts, repeatedly approved of by the be it enacted, &c.”—In the second, care was crown, from an apprehension that he is re- taken to specify, that the said sum was to be strained by the said proprietary instruction, applied towards the public charge, and was is evasive and frivolous, and an infringement given in consideration of their [the proprietaof our just rights; and, that, as deputy-govern- ries] being exempted from the payment of or of this province, he has, or ought to have, their taxes towards raising the sum of sixty full powers to give his assent to aïl such bills thousand pounds. as we have an undoubted right to offer. On the same day that the bill was thus
" That the said instruction is not calcu- sent up, namely, the seventh after their lated to promote the happiness and prosperity meeting, they also sent up a money-bill, for of this province, and is inconsistent with the granting the sum of forty thousand pounds foi prerogative of the crown, and the liberties of the king's use, and for striking the said sum the people;' and that all proprietary instruc- in bills of credit, and to provide a fund foi tions, not warranted by the laws of Great sinking the same; and, upon the receipt of Britain, are illegal and void in theniselves; the said bill, the governor was pleased to say nevertheless, if the governor should appre- That he would give it all the despatch in hend himself bound by such proprietary in- his power, but that he could not say when the structions, they may prove ruinous to the pro- house might expect to know his result there vince, and of dangerous consequence to the upon, as he was that day going to Newcastle British interest in America.
in order to meet the assembly of the three “ That the house do adhere to the bill for lower counties." continuing the act for laying an excise on Notwithstanding which, the two member wine, rum, brandy, and other spirits, as it now to whom he thus expressed himself, were ne stands, without admitting the governor's pro- sooner withdrawn, than he sent after then posed amendments thereto."
another message to the house, signifying It now also became apparent to the pro-" That by intelligence he had received fron vince, that even the bousted free-gift of the two Indians, two days before, the westeri proprietaries of five thousand pounds, was not Indians were forming themselves into a bod: to be obtained but as it could be collected in order to attack the province about the tim
of harvest, &c.” adding, “If upon considera- or stores for his majesty's service to sail at tion of this matter, any other measures are any time, by the bill the house had sent him necessary for the public safety, you will ena- for that purpose.” ble me to take them."
Thus the two ships were to be continued Thus, harlequin like, he could play con- in port, to wait the good pleasure of another trary parts in the same interlude. If a sup- government; and the interval was to be lost ply was not given without delay, the troops to the service, unless the owners found ways were to be disbanded, the forts destroyed, and and means to accommodate matters with the the frontier consequently laid open; and yet, governor. with a supply in his hand, he could delibe The house, however, plied him with anorately go upon another service; at the same ther message, and received such another illutime he could also communicate intelligence sory answer; they also again put him in mind of additional dangers : and yet with the same of the forty thousand pounds supply-bill : and supply in his band, he could insinuate want were told (notwithstanding his pressing mesof ability to withstand them.
sage at the opening of the session) - That he The assembly, in fact, told him in reply to had not read it through; but that he thought this message, that in case he passed their it stood in need of amendments.” He also bill, he would find himself sufficiently ena- told the two members employed upon that ocbled to take every measure that might be ne- casion, "He was just then setting off for cessary.
Newcastle ;" and they acquainting him farWhat is farther remarkable, a merchant of ther, “ That, as it would be extremely inconPhiladelphia, who had supplied the garrisons venient to the country-members, to continue in Newfoundland with provisions for six sitting till his return, and as there was no years, and who had now a vessel in the port business depending of any importance, but freighted with the same, could not obtain a what lay before the governor, they had clearance; the governor and council being thoughts of adjourning that day (being July unanimously of opinion, that, because of the 5) to the second of August, by which time the late act to prevent exportations, no such clear- harvest would be nearly over,” his answer ance could be granted. A member of the was, “That he had no objection to their adhouse, who, by order from the navy-contract- journing over the harvest, and that he approvor at Jamaica had, in like manner, freighted ed of the time proposed.” a ship, met with the same difficulty under the And the house, on the return of their messame pretence. Both made application to the sengers, having first resolved, “That any ill house for relief: and it was not only resolv- consequences which might attend the govemed, that the said act was of the same tenor or's not passing their supplementary bill (for with that of New York, and never intended exporting provisions for the king's service in any wise to restrain the exportation of pro- notwithstanding the embargo) would not lie visions for his majesty's navy and garrisons, at their door," did adjourn accordingly. nor could, in their opinion be so understood, After all which, on that very day fortnight except by the most fórced construction there- (July 19,) in the very midst of the harvest, did of; but also, that to prevent any ill conse- this worthy governor oblige the members by quences which might arise from such inter- special summons to meet him; the occasion pretation, a bill should be immediately prepar- of which is thus set forth in his message to ed at the table for expressly permitting such the house of that day, to wit: exportations.
“Gentlemen, at your instance I called the This bill, when finished, was sent up to the assembly of the lower counties, and pressed governor, who promised to give it all the des- them to continue the prohibition of provisions patch in his power; and was followed by an- and warlike stores to the time limited by other for a longer continuance of the embar- the laws of New York and Jersey, but they go act, with a similar clause of explanation; chose only to continue it till the 20th instant, upon the presenting of which, the governor and from thence for so long time as the legisbeing asked, by order of the house, whether lature of this province should pass or continue he had come to any determination upon the a law for the like purposes, provided the same former? answered, " that he had read but not did not exceed the 22d day of October next.
onsidered it.” And being farther pressed on I am thereby laid under the disagreeable the necessities of the service, according to the necessity of calling you together at this busy allegations above specified, said “ that, in case season, in order to have the embargo continuthe legislature of the three lower counties did ed for the same time that it is in the provinces not continue the embargo, the same would ex- of New York and Jersey; and as the acts of pire in a few days, and then there would be no assembly passed for the prohibition of provi. necessity of the said supplementary act; and sions and warlike stores will expire with toif the embargo act of the three lower counties morrow, I hope you will immediately enter should be continued, he would have it in his upon this matter, and give it all the despatch power to permit vessels laden with provisions the nature of the thing requires. The secre
tary will lay before you a copy of the act of that act, which was from the 4th of May to the lower counties, and you will, by proper the 4th of August next ensuing. clauses in the law you may think it necessary “Sir Charles Hardy having recommended on this occasion to propose, leave me at li- to our governor, that he should lay before the berty to send supplies to such of the king's assembly of this province, the necessity of ships and forces as may be employed in any enacting a law of the same tenor within this part of America, and to put the trade of this government; and the house being convinced place, while the embargo lasts, upon the same that such an act would be totally useless, unfooting it is in the other bread colonies.” less the three lower counties of Newcastle,
And the very next day the merchants, own- Kent, and Sussex, (not subject to our laws) ers, and masters of vessels then lying in the were included, passed an act on the 13th of port, presented a petition to the house, “set- May, of the same tenor, and nearly in the ting forth the damages and losses they had same words, with the act of New York, to be sustained for want of being allowed proper in force till the 7th of June, and from thence clearances; as also the disadvantages, discou- for so long time as the legislature of the co ragements, and losses which the whole prolony of New Jersey, and the counties of New vince would * specially and unavoidably be castle, Kent, and Sussex, upon Delaware, liable to, in case the embargo was to be con- should respectively pass laws for the like purtinued for a longer time, than by the late law poses; provided they exceed not the time liwas provided ; recommending bonds with suf- mited by the law of New York government. ficient penalties, to be discharged only by the “On the 29th of May, the legislature of certificates of the British consuls residing at New Jersey passed an act, to be in force from such foreign ports as the several vessels and the first day of June to the first of August, and cargoes were entered for, and consigned to, from thence for so long time as the legislaas the only proper expedient to answer the tures of the colonies of New York and Pennends proposed by such laws, without destroy- sylvania should respectively pass laws for the ing their trade, on which the well being of like purposes, provided they did not exceed the province depended; and requesting such three months from the said first day of Aurelief and assistance in the premises as they, gust. in their wisdom, should judge most expedient; “This being the state of the laws laying an as no wise doubting their ready and hearty embargo on the exportation of provisions and disposition towards the general good and ser- warlike stores; first, by the colony of New York vice of their country.”.
on the 4th, then by this government on the Fruitlessly dismissed, and impertinently re- 13th, and by New Jersey the 29th of May convened, as the assembly had been, within so last; it is most unkind, and give us leave to short a time, a warm expostulation was the say, in our opinion, unbecoming the dignity of least that could be expected upon it; and yet government, that in the governor's last mes. the warmth they showed was by no means sage he should not take the least notice of equal to the provocation they received; but any law being ever passed by us for laying on the contrary, was at once so moderated any, embargo within this port, but only menand justified, that their worst enemies could tions his having pressed the assembly of the not derive the least pretence of reproach lower counties to continue the prohibition of from it.
provisions and warlike stores, to the time liFacts were in their favour; and a mere mited by the laws of New York and Jersey,' recapitulation of them was all that was ne. as if no such law had ever been passed by cessary to show how unworthily they were himself within this province ! what purpose treated; which will account for the insertion such a conduct towards us is to answer, the of their answer to the governor in this place governor best knows. But when he proceeds at large.
in his said message to propose to us to have “ May it please the Governor, the embargo continued for the same time that "On the 4th of May, 1756, the legislature, it is in the provinces of New York and Jerof New York passed an act to revive an act, sey,' we must confess we are entirely at a more effectually to restrain the exportation of loss to know what the governor would mean; provisions and warlike stores, from that colo our present act coming precisely within the ny, to be in force for twenty-one days; and governor's recommendation; being made in after that time, to such time as the legislature compliance with the law of New York. If of New Jersey, and Pennsylvania, should pass those terms, it is not to be imputed to the as
the lower counties have not complied with acts for like purposes; provided those acts did not exceed three months from the passing of sembly of this province, who have fully dis
charged their part to make the embargo ef* Boston having little of provision to export besides
fectual. fish, which was excepted by their act ; New York hav. “We entreat the governor to consider and ing a tolerable market, because the forces took off a reflect on the share he has had in the laws of great part of their product ; and Virginia and Maryland the lower counties, passed by himself, which having had their ports open all this time.
seem calculated to give this house unneces- sand pounds over and above the five thousand sary trouble to no good purpose whatever ; pounds specified in the act for granting sixty for now when he has thought fit to call us to thousand pounds to the king's use; the house gether in the heighth of our harvests, our ser- therefore propose, that since the governor is vants generally taken from us, and the coun- averse to having it mentioned in the preamble, try in want of labourers, what has the go- that the said five thousand pounds was given vernor been pleased to propose, but to pass an by the proprietaries in consideration of their act to continue the embargo • for the same being exempted from the payment of their time that it is in the provinces of New York taxes towards raising the aforesaid sum of and Jersey,' which is the tenor and limita- sixty thousand pounds, although the same is tion of our present act, it being to have con expressly declared in that act, without any obtinued (had the lower counties passed their jection having been made thereto by the goacts in conformity with the laws of New vernor, at the time it was passed, they will
York, as this province and New Jersey had al- leave out the first clause of the preamble, and ready done) to the 4th day of August. And instead thereof insert the following clause, viz. as New York has not extended their act that “ Whereas the honourable proprietaries of we know of (which will probably become un- this province have been pleased to make a necessary on the proclamation of a war with free gift of the sum of five thousand pounds, France, now daily expected) any new act we for the purposes and in the manner particucould make would only be to continue the act larly set forth by an act of general assembly of this province to the time it was to continue; of this province, passed in the twenty-ninth which is such an absurdity as we presume on year of his majesty's reign, intitled, an act for reflection the governor will not insist upon. granting the sum of sixty thousand pounds to
“But that no time might intervene whereby the king's use,” &c. the French might be supplied with provisions, The governor after reading the message was or warlike stores from this province, we, at our pleased to answer, last sitting, put into the governor's hands •a “ That he believed the house had misunbill to continue the act for preventing the ex- derstood his message; that he had no intenportation of provisions, naval or warlike stores, tions of disobliging them, and that he was from this province to Cape Breton, or to any sorry to see they had taken any offence; howother, the dominions of the French king, or ever, as he was about leaving the government, places at present in possession of any of his he should not return any answer to it; and subjects,' to prevent, as much as lay in our that as to the bill for striking four thousand power, any deficiencies which might arise pounds, to be replaced by the proprietaries' from the conduct of the assembly of the three receiver-general, he thought the house gave lower counties, if they should think fit to in- a good reason why there should be some prevalidate the acts of the other colonies for lay- amble to the said bill, and that he would take ing a general embargo.
the one proposed into consideration." " At the same same time we also sent up a The result of which consideration was, the bill, intitled, a supplementary act to a law of sending down another preamble in lieu of this province, intitled, an act for the more the first, specifying the free gift, but dropping effectual obstructing the exportation of pro the consideration of exemption, without takvisions and warlike stores from the province ing any notice at all of the last; which other of Pennsylvania ; which bill, if the governor preamble was unanimously rejected on the had passed it at the time it was sent to him by first reading. the house, or if he should hereafter be pleased That they were still willing to pass the bill to give his assent thereto, 'would prevent all with their own second preamble, they, neverdoubts, and give full liberty to send supplies theless, informed the governor; and, in the 'to such of the king's ships and forces as may same message, they also desired to be informbe employed in any part of America;' and ed, “whether he had come to any resolution we have never endeavoured to put the trade concerning the excise-bill, and the forty thouof this place, where the interest or dignity of sand pounds bill for the king's use ?" and here the crown is concerned, on any other footing the affair stuck; the governor remained mute; than it is in the other colonies."
or at least only answered the two latter parts The two members appointed to wait upon of the message, without taking any notice of the governor with this paper, were also charg- the former. « The excise-bill, he said, he neied with the bill for striking four thousand ther could or would pass ;” and as to the forty pounds in bills of credit on the proprietaries' thousand pounds bill, he sent it down so account; and to acquaint him thereon, amended, by leaving out the clause for taxing
That the house think it highly necessary the proprietary estate, as again rendered the that there should be some preamble to the said session abortive; the house resolving to adbill, otherwise those who are not particularly here to their bill as sent up, without admitting acquainted with our affairs, may imagine that his said amendments. the proprietaries have thereby given four thou So that after all the parade which had been VOL. II. ...Q