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made both there and here of this prodigious | satisfaction in the news imparted, they progift, the province was either to receive it in ceeded as follows, viz. so peddling a way, as rendered it in a man “ And in this critical juncture, when a hapner useless; or else, though they took it up-py issue of a treaty with the Indians must be on their own credit, to release the donors in so of great advantage to the proprietary inteeffect of all future claim, by consenting to rest, as we apprehend the present treaty must drop the terms on which alone it could be con- be, we cannot suffer ourselves to doubt their sistently accepted.
willingness to contribute towards the heavy What is farther remarkable, during the expenses the province groans under for Incourse of this interchange of messages, one dian affairs ; especially considering the gofrom the governor, concerning Indian affairs, vernor has just now refused to pass our bill for was sent to the assembly, which was altoge- granting forty thousand pounds to the king's ther irreconcilable with that which he had use, because the proprietary estate was theresent them sixteen days before. It will be re- in taxed, in common with all the other escollected, that on the 5th of the current month tates in this province, for their mutual deJuly, the western Indians, in contradiction to fence; and has also refused to continue our the advices received from sir Charles Hardy cxcise act, some time since expired; so that and sir William Johnson, were to fall on the the province is greatly indebted, and our only province in time of harvest; and now, on the remaining fund reduced to the lowest extre21st, in conformity to those advices, such of the mity. said western Indians as had attended the con « Under these circumstances, we made apferences between the Six Nations and the plication to the commissioners, appointed by said sir William Johnson, had not only laid the act for granting sixty thousand pounds to down the hatchet, but also engaged to follow the king's use, to know whether any money the example of the said Nations, in assisting remained in their hands, which might be apus against the French. Nor was this all: a plied to the present emergency; but we find number of the Susquehanna Indians, and that the tifty-five thousand pounds, to be sunk Teedyuscung a king of the Delawares, had by the provincial tax, is expended ; that neaj discovered so good a disposition to return to four thousand (part of the five thousand) pounds their alliance and former friendship with us, given by the proprietaries, in consideration of that nothing was wanting but an interview their being exempted from their share of tha between him (the governor) and them; and tax, is not paid into the commissioners' hands a proper provision for the expenses hereof, and if the whole sum was paid, the debts al and the fulfilling such engagements as the ready contracted for the defence of the pro present exigencies might require.
vince, are nearly equal thereto. Neverthe Such were the tidings now imparted, with less, as we apprehend the treaty proposed t an assurance, that he should therein have a be held with the Susquehanna Indians, an particular regard to the honour and safety of the Delaware king Teedyuscung, may be at the province.
tended with lasting good consequences, w To the province nothing could be more have resolved, thạt the sum of three hundre agreeable than such tidings; nor could any pounds, be allowed by this house for that pui service be named in which they would have pose." laid out their money more willingly; but their The members sent herewith, were also 1 public stock was exhausted; and by the se-apprize him, that if it was pleasing to hin veral negatives put upon their bills, they they should adjourn to the 16th of Augus were disabled from raising more; conse- and his answer was, quently were as much distressed now for the “ That he should not engage for the propri means of making friends, as before for the taries' contributing any thing towards the e means of defending themselves against their penses that may attend the proposed confe enemies.
ence; that as the house had voted three hu What sum would be sufficient? 'was the dred pounds for that purpose, he should wa first question; the governor being consulted at Easton or Bethlehem till the whole w on that head, answered, “ That he had made expended, then take his horse and ride aw no calculation; but it seemed to him, that to New York to meet lord Loudon; and th about four or five hundred pounds might serve; as to the time of adjournment, he should I though the expense would be the greater, say whether he was pleased or displeased wi as he should be obliged to have a body of sol- | it, but leave it entirely with the house to diers for his guard;" the commissioners of the as they pleased.” sixty thousand pounds act were next advised A compliment from general Shirley to t with; and upon the issue of all, they made province on his being recalled, acknowledgi use of this incident to lay a brief state of their the “repeated instances of their contributi case before the governor in the usual way of towards the defence of his majesty's just rig message; in which having expressed their and dominions, and to assure them of
hearty wishes for their welfare,” without one is still withheld from the commissioners, to civil thing to his brother governor, though the the injury of the poor soldiers, whose pay is letter is directed to him, is the only thing re- in arrear for want of that money, the fifty, markable of the session hitherto omitted ; and five thousand pounds we granted by the said injuriously, wickedly, and impudently, as the bill for the king's use being expended. province has been aspersed, no voucher of that “We are sensibly affected with the distressauthentic nature can, or ought to be dispensed ed state of our frontier inhabitants; though with.
we apprehend they are in a much better situOn the 16th, according to their adjourn- ation than those of the neighbouring provinces, ment, they met again; and the next day they who are equally near the enemy: and we were honoured with the governor's message; hope they may be rendered still more secure, which told them, in the first place, what they by a vigorous exertion of the force now on had long told each other before, namely, “ that foot for their protection, and the annoyance their treasury was exhausted; that the troops of the enemy. wanted their pay; that a supply was neces “ The other matters recommended to us by sary," &c. The taking and burning of an the governor, we will take into consideration, out-fort on the Juniata, called fort Granville, and hope we may be able to do therein whatmade a good terrifying ingredient in it; the ever ought to be expected of us." rest was the stuff that he had talked over and This was the last parley between the asover, till the ear was weary of hearing it; sembly of Pennsylvania and Mr. Morris, who except that major Rutherford, the command- makes so notable a figure on their list of ing officer in that province, of the New Ame- governors. Captain Denny his successor was rican regiment then raising, wanted barracks at hand; and therefore he did not think it for one thousand men; and that his recruits worth his while to compose a reply, which he being chiefly indentured servants, it would be might reasonably suppose no body would think necessary for the house to make provision for worth reading. the payment of their masters, for the residue Change of Devils, according to the Scots of the time each had to serve, in conformity proverb is blithsome! to his majesty's instructions.”
Welcome ever smiles, The next day the house sent up their reply, And farewell goes out sighingwhich was as follows:
says Shakspeare. “ May it please the Governor,
The whole province seemed to feel itself “The house have repeatedly offered the relieved by the alteration of one name for governor bills for granting considerable sums another. Hope, the universal cozener, perto the king's use, to which he has refused his suaded them to believe, that the good qualiassent, being restrained by the proprietaries, ties of the man would qualify the governor. as he says, from passing any bills in which He was received like a deliverer. The offitheir estate is to be taxed towards its defence. cious proprietary mayor and corporation, We know of no equitable way of raising such more than once already mentioned, made a Jarge sums as are now necessary, but by a feast for his entertainment; and having ingeneral tax on all estates real and personal. vited the assembly to partake of it, they also We have voted another sum of forty thousand were pleased to become forgetful enough to pounds, to be raised in that manner, and are be of the party. preparing a new bill to lay before the go That the said assembly, should congratulate vernor for that purpose. But as we are, and him on his arrival and accession (though the must be still, of opinion, that the proprietary term is a royal one) was, perhaps, no more estates ought to be taxed in common with than a decent and respectful compliment; and those of their fellow-subjects in all the rest that they should augurate from the excellence of the king's dominions, for their common de- of his character, that his administration would fence, we cannot omit a clause of that kind be excellent, a fair and candid inference. in our bill, without injustice to the king's But that they should find six hundred pounds other subjects, ourselves, our constituents, and at that time in their treasury to present him posterity; and we believe, that an equal num- with, as an initiation-fee, may be matter of ber of men, of any sect, nation, name, or party, surprise to all readers of their votes alike. among us, will never be chosen to represent Tired they might be of opposition; pleased 10 the province, who would be of a different sen- find some pretence for relenting ; but how timent in this particular.
they should find money where no money was, “ In the mean time, we earnestly request would be beyond conjecture. The order, the governor would use his influence with therefore, on their treasurer, for that sum, the proprietaries' receiver-general, to induce could only be considered as a present mark of him to pay the remaining sum of near three their good will, and an obligation on the house thousand pounds, yet behind of their contri- to provide, in some future money-bill, for the bution of five thousand pounds, which by law discharge of that order. was to have been immediately advanced, but Compliments over, government began.
And in the new governor's very first speech, | lord Loudon, as also several other letters and the province was given to understand, ** that papers (among the latter, one containing a the French encroachments on the Ohio, which letter from colonel Armstrong, concerning his majesty in his declaration of war had as- some secret which was to be kept a secret signed as the principal cause of his entering still) they demurred both that and three days into a just and necessary war, were within more, before they came to any farther resoluthe limits of it, (which the province could ne- tion; and then they agreed upon an address ver yet be convinced of;] and that therefore by way of answer to his speech, in which, it was particularly incumbent on them* to after a paragraph or two of compliment, they exert themselves in the support of such mea- dryly gave him to understand, 1st,“ that from sures as had been, or should be, concerted for the very nature of their frontier which was so carrying on the same with vigor; the state extended that it in a manner covered the three of the frontiers too, the devastations, cruel- lower counties, Maryland, and New Jersey, ties, and murders committed there, and the and consisted of dispersed settlements, the horror they excited in him, made as good a horrors he talked of could not be prevented; topic in his hands, as the back counties, and 2dly, that as it was in a better state of defence the back inhabitants had done in his prede- than that of any of the neighbouring colonies cessor's; nay, those very back inhabitants are equally near the enemy, they could not but brought forward in the next paragraph; and, hope the inhabitants would be equally safe; what is more, left naked and defenceless to a and 3dly, that as great unanimity did prevail savage and merciless enemy by an immediate in their councils, they should, as far as lay in disbanding of the provincial troops, which, as their power, consistent with their just rights, before, was represented as unavoidable, un- enable the governor to afford the people the less fresh supplies were quickly raised for continuance of that protection they so much their support.
stood in need of," &c. In short, if Mr. Morris had made the speech They also accompanied the said address himself, he could not have carried on the with the following message; which was obthread of government with more consistency; viously of the nature of a postscript, calculatfor, as to the douceur at parting contained in ed to contain the business purposely omitted these words, “let unanimity and despatch pre- in the letter it belonged to. vail in your councils; and be assured I will May it please the Governor, deny you nothing that I can grant, consistent “As soon as we heard and considered the with my duty to his majesty, and the rights governor's speech, and before we received his of the proprietaries,” it amounted to no more message with the letter from lord Loudon, than this, do as my masters the proprietaries we resolved to give a sum of money for his would have you, and I will say nothing to the majesty's service; demonstrating, by that reacontrary!
diness, that we are not insensible of our duty It is not to be conceived, that men of such to the best of kings, nor of the necessity of long experience in the affairs of the province enabling the governor at this critical con(so the members of assembly were character- junction to protect the people committed to ized by their new governor) could be one mo- his care. ment at a loss for the meaning of his speech, “ As former grants of this kind have been or what was to be apprehended in conse- long delayed, or rendered ineffectual, by
means of latent proprietary instructions, not They had voted a supply of forty thousand communicated to us till we had spent much pounds before Mr. Morris was superseded. time in vain in forming our bills, we would now They did not sit, as usual, in the afternoon of humbly request the governor to lay before us the day the speech was delivered ; and though full copies of such of his instructions as relate in the next day's deliberation they dropt the to money-bills of any kind, with the preambles former bill, and ordered in another with a blank or other parts that contain the reasons of such for the sum, they adjourned the day following, instructions; that we may, if possible, avoid without doing any business at all ; nay, though all occasions of delay in affairs so important, quickened the next following with a message and that our judgments may be informed of accompanied with an extract of a letter from the equity or necessity of rules to which a
conformity is required. * Had the French fort really been within the bounds of the grant to the proprietor, that would not have
“ From the governor's candour, and sincere made the support of the war more particularly
incum. desire to facilitate and expedite, by every bent on the assembly of Pennsylvania, than on any
means in his power, what is necessary to the other neighbouring government, equally affected and incommoded by its situation. For the country was as public welfare, as well as from the reasonayet uninhabited; the property of the soil was in the bleness of the thing in itself, we have no doubt French. would demand and receive exorbitant prices for that he will favour us in granting this reit of the people. They might as justly be told, that the quest." expense of his law suit with the proprietary of Mary. land, for recovering his right to lands on that frontier, artful. As he would not grant all that was
The assembly was civil; the governor was was particularly incumbent on them to defray.
quence of it.
asked, he resolved to be as forward as possi- | had been laid upon the people within their ble in performing as much as he designed. time, till the last year; so that, not having Thus, on the very day their request was any reason to suspect, the assembly would demade, he laid the instructions in question be- viate so much from the ancient usage, as to fore them; being the eleventh, twelfth, and pretend, by any act of theirs, to charge their twenty-first articles of the proprietary instruc- estate with the burden of any taxes, they had tions.
therefore given the preceding governor no parOf these, the first regards the interest ticular instructions on that head ; 4thly, that money arising from the provincial bills of the assembly, taking occasion of the troubles credit
, and the money to be raised by excise; of America, had represented them in a very and having by advance asserted a joint inten- untrue light, as unwilling to assist the public tion in the said proprietaries, and the house of by contributing to the defence of the country, representatives, to have it applied for the pub- though no application had been made to either lic service, proceeds to ground upon that joint of them for that purpose ; 5thly, that the bill intention a title to an equal power over it; they had prepared and sent up for raising fifty then forbids the governor to give his assent to thousand pounds for the king's use, by a tax any bill or act of assembly for emitting, re-oftwelve cents per pound, and twenty shillings emitting, or continuing any paper-currency, per head, was a bill of a most unjust and exunless the whole of the interest money arising traordinary nature; in as much as the estates therefrom should be disposed of only to the of the proprietaries were not excepted, but, on very purposes to be specified in such act, or the contrary, the assessors were to acquaint where that could not be conveniently done, by themselves with, and procure the amount of the joint concurrence of governor and assembly their estate in quit-rents, and in the same for the time being. And the same prohibition manner as other estates were assessed and is also extended to all excise laws, except the taxed in the respective counties, by virtue of disposition of the money to be raised by them the said bill; as the said twelve cents was is also appropriated in the same manner. laid on the whole value or fee-simple of every
The second, having admitted that a reason- estate, which, supposing the same computed able and moderate quantity of paper-money at twenty-five years' purchase only, was a tended greatly to the benefit of the province, quarter part more than the whole gross rent, as well as to the trade of Great Britain, and without allowing for any charges or repairs ; that the dangers of depreciation arose only as it was contrary to the royal charter, which from an over great quantity, authorizes and required land-tax bills, as well as other bills, impowers the governor discretionally, on to be consonant to reason, the laws, statutes, proper inquiry made, and proper assurance ob- and rights of the kingdom, &c. not repugnant tained of the real utility of such a measure, to them; as so heavy a tax was not necessary to make an addition to the present currency to be laid for the raising such a sum, which of forty thousand pounds more; provided strict might have been raised many other ways; as regard was had to all the limitations specified calculated for the purpose of putting it in the in the instruction foregoing; and also, that power of persons wholly chosen by the people effectual care was taken that all rents and to tax their estates up to their full value, and quit-rents, due to the said proprietaries, should to ease other persons, by taxing them so be always paid according to the rate of ex- lightly, as only to make up what might afterchange at the times of payment between the wards be wanting to complete the said sum; cities of Philadelphia and London, by some as the taxing of unimproved lands, yielding no sufficient provision in the very act itself, or rent or profit to the owner, was highly unsome separate act, as was done in the 12th of reasonable, and contrary both to the practice the present king, when the farther sum of of Great Britain, and the laws and statutes eleven thousand one hundred and ten pounds thereof; as, according to the best inquiries five shillings was issued.
they could make, neither the quit-rents reAnd the third related to the proprietary served to the crown, or the proprietaries of estate; concerning which it asserted and any other colonies, had ever been taxed tomaintained, 1st, that the said estate never had wards the raising any supplies granted in been taxed; 2dly, that, over and above such those colonies ; quit-rents in general being exemption, several acts were passed, giving indeed so small, that little or no land-tax to the said proprietary a support by duties and would be payable out of them, even in Great other impositions; 3dly, that, since the expi- Britain, where land-taxes are annual; and as ration of those laws, no aid had been given to the grantees and owners of such farms and the proprietaries as such; notwithstanding plantations, out of which such very small acwhich, they had, on several occasions, shown knowledgments were reserved to them, did their regard to the public service, by volun- in case of a land-tax, pay for the value of tarily and cheerfully expending several consi- such their said farms; 6thly, that though their derable sams of their own money for the ad-deputy governor did refuse his assent to the vancement thereof, although no provincial tax | bill, on the assembly's refusing to exempt
their estates, they were so far from desiring no means willing to consent to; and as the not to contribute to the defence and support present invasion of his majesty's American do of his majesty's rights and dominions, that im- minione, may make it necessary to raise further mediately on the first notice sent them of supplies for his service in our said province, Braddock's defeat, they sent over an order to the assembly may hereafter propose and offer their receiver-general pay out of the ar- bills or acts of assembly, to lay additional taxes rears of their quit-rents the sum of five thou- on real estates there; you are, therefore, heresand pounds, as a free gift towards the defence by required and directed, not to give your as of the province, desiring all disputes might sent to any bill or act of assembly of that sort, cease, and that the governor and assembly unless the act be made to continue for one would join together in measures to oppose the single year only, and no longer," &c. common enemy; 7thly, that the said sum of Here follows a variety of prescriptions and five thousand pounds, so by them given, was, prohibitions; some plausible; some artificial; according to their belief, twenty times more and all serving as a shoeing-horn to the great than the tax upon all their estates there, if one of all, the exemption of the proprietary i truly and proportionably rated, according to quit-rents, which was to be rendered as exthe value of all other estates, would have press as possible. amounted to, for raising a sum of fifty thou That, however, they may not appear altosand pounds; 8thly, that another bill of the gether intractable, one concession is made tosame unjust nature, for raising fifty-five thou- wards the conclusion, which is worth more sand pounds, by a tax of six pence in the perhaps than they supposed; as it contains pound on the clear value of all estates (theirs à tacit acknowledgment that, in equity, they excepted in consideration of the said free-gift) ought to be taxed like the rest of their fellowtheir then lieutenant-governor not being pro- subjects, and yet less than them they would vided with particular instructions with respect have it understood; such estates of theirs, as to such bill, and because the money was then come within that description, not being like requisite for the defence of the province, gave to produce such a sum as deserved to be made his assent to; 9thly, that they, tendering as a provincial object; and the introductory part they ought to do, the then exigency of affairs, of the paragraph, as may be collected from the and the necessity of a supply, did not make famous contest between them and the assem-, any application to his majesty for his royal bly concerning Indian expenses, justly drawdisallowance of the said act, as at any other ing the whole into suspicion. time they should have done ; 10thly, that the This is the paragraph. Valeat quantum assessors appointed by the assembly in both valere potest. the said bills were few in number, chosen by “ And whereas we are, and always have the people only, and not one by them; and been, most ready and willing to bear a just though incapable of knowing the true value of proportion along
with our tenants in any onethe several estates, so to be rated and taxed, cessary tax for the defence of the said prowere made final and absolute judges without vince, which shall be equally laid upon the appeal ; 11thly, that by laying so great a tax lands of the inhabitants, and also upon any to raise so small a sum, the said assessors had of our manors or lands which are actually let it in their power to commit great irregulari- out on leases, either for lives or years, as beties, in taxing some estates to their utmost ing estates in some degree like to those of value, and easing others, which would be un- which the inhabitants are possessed;
therefore equal and unjust, and was so much the more you are at liberty to give your consent to any to be feared, because they, the proprietaries, reasonable bill or act for that purpose, providhad been informed, that in assessing the ordi- ed the tax to be paid for such our last mennary county levies on the like plan, many tioned estates, shall be payable by the tenants persons, instead of being rated at their full and occupiers, who shall deduct the same out worth, had not been rated at a fiftieth part of the rents payable by them to us. of it.
It is remarkable, that through the whole, All these several articles (here stated in the language is such as could indeed become their full force) are introduced with a Where- none but an absolute proprietary; all dictaas at the head of each, and all implicated in torial; all in chief, as lord paramount; as if one embarrassed immeasurable period ; to there was no king in Israel, nor any interest which is tacked the instruction itself, with worthy consideration, but the proprietary in the following preamble:
terest; as if there was no occasion for royal “ And whereas the said assembly appear to instructions, or as if it was impossible any us to have been inclined not only to load and such should interfere with theirs; and as if burden our estates with taxes by their autho- the provincial legislature was a nose of was rity, directly contrary to former usage, but to be twisted into what shape they pleased. even to charge the same disproportionably, and Such were these instructions: and as ti in an unequal manner, in order to ease the es- their effect in the house, it was such as wa tates of others, which is a measure we are by naturally to be expected; they saw a contra