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