America; for which purpose you will use your utmost endeavours to induce the assembly of your province to raise, forthwith, as large a sum as can be afforded, as their contribution to this common fund, to be employed, provisionally, for the general service of North America, particularly for paying the charge of levying the troops to make up the complement of the regiments above-mentioned, until such time as a plan of general union of his majesty's northern colonies, for their common defence, can be perfected.

"You will carefully confer, or correspond, as you shall have opportunities, upon every thing relative to the present service, with the said general, sir William Pepperell, and governor Shirley, or either of them; and as it is the king's intention to give all proper encouragement to such persons who shall engage to serve upon this occasion, you will acquaint all such persons, in the king's name, that they will receive arms and clothing from hence, and that they shall be sent back, if desired, to their respective habitations, when the service in America shall be over.

"As the several governors in all the king's provinces and colonies in North America will receive, by this conveyance, a letter to the same effect with this which I now send you, they will be prepared at the same time to obey his majesty's commands. And I am to direct you to correspond with all, or either of them, occasionally, as you shall find it expedient for the general service."

lies before us; nevertheless, we do assure him, that though in a matter of small importance we might not, perhaps, be very tenacious of our own sentiments; yet, in this case, our all is concerned, and if we should not act becoming the rights our birth, as Englishmen, entitles us to, we might appear unworthy of the regard we have already experienced, and have good reason to hope for hereafter, from a British parliament."

"It appears that the case, as stated to the attorney-general, regards only emissions of bills of credit on common and ordinary occasions; and, in our opinion, very little, if it all, affects the present bill: and it is remarkable, that there is not the least notice taken of the act for granting five thousand pounds for the king's use, which governor Thomas passed without a suspending clause, by extending this very excise act for ten years, which we have now again extended for the same term of years only, and loaded it with a grant of twenty thousand pounds.

"As colonel Thomas gave his assent to that act after the receipt of the additional instruction, which the governor has now sent down with our bill, and as we presume he has no other or later instructions from the crown, though he has since received the royal approbation, we hope he will not think himself more restricted by it, than the gentleman to whom it was immediately directed; who has never suffered in his honour, that we know of, or incurred the king's displeasure for giving his assent to that bill, and at this time holds a government of great importance under the immediate powers of the crown.

It is plain by the general drift of this letter, that it related equally to every governor and every government of North America: and yet the governor of Pennsylvania did his best to "Governor Hamilton, we find, entered into narrow the application of it to Pennsylvania bonds and penalties (among other things) that only. These are his words: "you will he shall from time to time, and all times, observe by the secretary of state's letter, that hereafter, so long as he shall continue lieuit is his majesty's pleasure we should contri-tenant-governor of the said province, observe, bute as far as we can to the having about three thousand men in readiness to enlist; that we should provide a quantity of fresh provisions for the troops, and necessaries for the officers that may have occasion to travel by land; that the orders to be issued by the commander in chief for quartering the soldiers, and impressing carriages, should be carried into exact execution; and that all necessaries should be provided for such troops as shall arrive or be raised within this government. His majesty expects, that as the several articles, abovementioned, are of a local and peculiar nature, and arising entirely within this government, that the charge thereof should be defrayed by his subjects within the same.'

To both these messages the assembly immediately applied themselves, to prepare suitable answers; and, beginning with the first, among other things said, "We have the mis fortune to differ in opinion from the governor, after considering the case maturely as it now VOL. II....H

perform, and obey all such directions and instructions, which now are, or shall at any time be given, or sent to him, by his majesty, his heirs, and successors, or from any person or persons, now acting, or that hereafter shall act, by authority from his majesty, his heirs and successors, and pursuant to, and for the putting in execution the several acts of trade and navigation, relating to the plantations, &c. which bond, or bonds of the like tenor, we presume our governor may have entered into before he received the royal approbation: and yet our late governor seems clearly in his reasoning with former assemblies, to have acknowledged he thought himself at liberty to pass acts of the tenor of our present bill for granting money for the king's use; and never offered a suspending clause, notwithstanding his bonds to the crown; but whether he might, or might not, be safe in passing a bill of the kind mentioned in his state of the case, could regard himself only, and does, by no means,

was because the transaction itself had never by his majesty, in a manner agreeable to his been made known to his majesty or his minis- royal directions [it has been already observed, ters; that the fact mentioned by them, relat- that no manner had been, or could be, with ting to the case laid by the lords of trade be- propriety, directed by the king] they insisted fore the attorney and solicitor-general, was on his passing the bill, in the shape they had ¿quite unknown to him; that, however, when sent it up, though before informed he could they should report their opinion, and his ma- not do it; that he then again assured them, jesty should think fit to issue different instruc- he would not assent to that or any other bill tions, he should endeavour to pay the proper for emitting paper-money, but upon the terms obedience; that the debates in parliament, &c. above-mentioned; he also took occasion to I had little connexion with the matter then be- add, among other things, that this dispute so ・fore them; that though the parliament did not long depending, might certainly have receivagree to give a general sanction to all instruc-ed his majesty's determination long ago, had tions from his majesty, yet the instruction in they applied for it-[which, by the way, question having been the result of addresses might have been retorted with equal truth on from both houses, it could not be doubted but the proprietaries]-That, were there no other they would support their own act; that he method of raising money for the present serjoined with them in opinion, that the only me- vice, but that by them proposed and insisted thod to have the validity and force of the same upon, their conduct might have appeared in a finally determined would be by an application more favourable light; but that as they had, to his majesty, and was desirous they should or ought to have had in bank, by the laws in lay the whole affair before his majesty's mi- being, fourteen or fifteen thousands pounds, nisters; that being, as he was, in a great mea- together with a revenue of seven thousand sure, a stranger to their constitution, the pro- pounds a year; as the city and province were prietaries' instructions were quite necessary in rich and flourishing circumstances, the peoto him; that those he had received from them, ple numerous, and burdened with none or very were so perfectly calculated to promote and trifling taxes, he could not consent to pass the secure the happiness of the province, and so bill proposed; it being (said he) a direct reasonable in themselves, that they required breach of a royal instruction intended to ennothing of him, but what he should have force an act of parliament of the sixth of queen thought it his duty to do without them: that Anne, which [whether act or instructions is though he did not think it quite decent, and doubtful] they knew had been shamefully he believed unprecedented, for a governor to slighted and disregarded in this and the neighbe called upon for a sight of his instructions, bouring provinces. Upon the whole," conhe would nevertheless communicate them to tinued he, "you will consider, gentlemen, in the house whenever the public service should what light you will appear to his majesty and require it; that, accordingly, he took that op- a British parliament, who are expending great portunity to acquaint them, that he had it in sums of money for the defence of these colocharge from the proprietaries, to recommend nies, while you, the very province most conto them, in the most pressing manner, to pro- cerned as being invaded, instead of contributvide with all imaginable despatch for the de- ing towards your own defence, are entering fence and safety of the province, not only by into an ill-timed controversy concerning the affording such aids as his majesty from time validity of royal instructions, which might to time should require, but by establishing a have been determined long ago, and may be regular militia, providing arms and stores of delayed to a more convenient time, without war, and building proper magazines; all to be any the least injury to the rights of the peodone in such a manner as to be least burden-ple. Let me, therefore, gentlemen, once more some to the inhabitants, and particularly so, as not to oblige any to bear arms who were or might be conscientiously scrupulous against it; that he required this, in pursuance of the proprietaries' instructions; and that he was the more urgent in it, because the province never had been in more imminent danger than it was at that time: that being to give true and exact accounts of the state of the province to his majesty and his ministers, as well as to the proprietaries, he desired a clear and determinate answer to this point, that he might be able to lay the same before his majesty in such a manner as might make the interposi- "Before we enter upon the consideration of tion of parliament unnecessary; that he was the other parts of the governor's message of really concerned to find, that instead of pro- the 24th instant, we must acknowledge ourviding for the articles recommended to themselves engaged to return him our hearty

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recommend the present unhappy circumstances of this country to your most serious consideration; and entreat you to lay aside (for the present at least) every thing that may admit of any dispute, and enter heartily into such measures as may best answer the public expectations, and assist his majesty in the measures he has concerted, and is carrying into execution, for the preservation of this country."

The assembly again, as if to give the governor time for second thoughts, sent him up the reply that follows.

thanks for informing us, that, as he was in a great measure a stranger to our constitution, and, to be so highly intrusted by the proprietaries, it seemed quite necessary he should receive instructions from them.-And notwithstanding he may think it not quite decent, or may believe it unprecedented, for a governor to be called upon for a sight of his instructions, yet he will communicate them to the house whenever the public service shall require it.'-In return to this candid declaration, and the assurance he is pleased to give us, as well as the ready furnishing us with other parts of those instructions, we beg leave to inform the governor, that we not only apprehend it the undoubted right of a British parliament to address the crown for such information as they judge absolutely necessary to their deliberations; but also, that the proprietary instructions to our former governors, have been repeatedly laid before the assemblies of this province."

crown for information, and former governors had occasionally laid particular instructions before the assemblies, he did not think assemblies had a right to have them all laid before them upon demand; and was still of opinion, that their application for that purpose was irregular and unprecedented; that it was true he had proprietary instructions as all other governors had had; but that he [who it seems was to be the only judge] could not think it then for his majesty's service, or the interest of the province, to communicate them farther than he had already done; especially as they claimed it as a right, and seemed industriously to seek fresh matter of dispute about them, when the public service required they should be otherwise employed, when they expressed so great a dislike to them, and when they had avowed a purpose of making the force and validity of them, the great end of their petition to the crown, and all this without so much as knowing, except in what reHere certain instances were recited; and lated to a militia, &c. what those instructions the sequel was in these words: "We, there- were; that, having assigned the royal infore, under these considerations, and for that struction, and the attorney-general's opinion we are of opinion those proprietary instruc- upon it, as his reasons for not agreeing to tions, which the governor is pleased to inform their bill for striking forty thousand pounds, us our proprietaries gave him on their appoint- he should be glad to know upon what informing and intrusting him with this government, ation they had given it as their opinion, that are the principal, if not the sole, obstructions proprietary instructions had been the princito the passing our bill for granting twenty pal if not the sole directors of his conduct, or thousand pounds for the king's use; and also, had become so intimately acquainted with his for that whatever bills we might prepare for private sentiments, as to know, that when he this, or any other purpose, after all the expense said one thing he meant another; that he had to the country, and after all our pains in fram- been, and still was, desirous, they should aping them, would be liable to the same diffi- ply to the crown for a determination of the culties, unless we could know what those pro-dispute between them; but that as he did prietary instructions are. We say, under not know the civil or religious liberties of these considerations, and from the regard our the people were invaded by the instruction governor is pleased to express for our charter, which gave rise to it, he could have no intenand our liberties, we earnestly request he tion to consent to an application in support of would now candidly communicate those in- them; that an invasion of the civil and relistructions to us, as the time when the gious liberty of a people, was to be reckoned public service requires it,' in the most par- among the worst of crimes, and was then most ticular manner; for, as we are now under an aggravated when committed by those who absolute necessity of addressing the crown, in were bound both by their oaths and their duty, support of our civil and religious liberties, in to preserve those blessings, and protect the which we have the pleasure of the governor's people in the enjoyment of them; that his saconcurrence, and indeed his desire that we cred majesty, who had so long and so happily should apply to his majesty on this occasion, governed his people upon constitutional prinwe must, in justice to ourselves, and in dis- ciples only, disdained a thought of doing or charge of the duty we owe to those we re-approving any thing that was otherwise; that present, make those proprietary instructions, and the force and validity of them, the great end of our humble petition to the crown at this time, unless the governor shall be pleased to convince us to the contrary."

It was not till the fourth day after this message was presented, that the governor rejoined: during which interval the business of the session seems to have been wholly at a stand; and the language he then used was to the following effect: "That though the house of commons had a right to address the

a British parliament would never esteem a royal instruction, issued at their own request, and intended to enforce a good and wholesome law, in the least destructive of the civil and religious liberties of any part of his majesty's subjects, whatever they, the representatives of Pennsylvania, might do; that it gave him particular concern, that they should purposely enter into a dispute about that instruction, and choose to publish such sentiments of his majesty's government, at a time like that, when a French army were fortify

royal instructions, were indeed the only obstacle to the public service.

With reference to the conduct of their predecessors in former assemblies, and the success of their honest endeavours for continuing to them the invaluable blessings they enjoyed under their charters, derived from the royal clemency and goodness, and the justice and benevolence of their founder, they set out; and declared themselves sufficiently animated by their examples to pursue faithfully the same path which they had trod before them.

ing themselves in their country; that he earnestly recommended to them to consider, whether such expressions might not have a But we anticipate-the assembly did not tendency to alienate the affections of the peo- stop here; but unanimously came to such reple from his majesty's person and government, solutions, and grafted such an address upon and thereby greatly obstruct the measures he them, as, notwithstanding some few inaccuwas taking at a vast expense, for the preser-racies, must ever do as much honour to their vation and protection of his subjects on that understandings as justice to their cause, and continent; that he had lately received intel- the noble principles it was founded upon. ligence that six thousand of the best troops of France were actually arrived at the lower fort on the Ohio, and were there employed in fortifying the country; that this ought to convince them, France had formed some grand design on that continent, and that as they had made their first attack upon Pennsylvania, as the most plentiful and most defenceless part of his majesty's dominions, so in a particular manner, it behoved them to exert themselves accordingly; and that he must, therefore, entreat them once more, to waive all disputes Having then glanced at the governor's evatill a more favourable season, to consider se- sion of his promise concerning his proprietary riously the dangers their country was expos- instructions, and the papers which had passed to, and not only grant the supplies required between the proprietaries and the assemed, but enable him to raise a considerable body of men, to be employed in conjunction with his majesty's troops, establish a regular militia, provide the necessary stores of war, &c. that the province, for want of discipline, might no longer be left an easy prey to a much weaker body of men, than were then encamped within a few days of this city."

How grossly uncandid and clumsily crafty this rhapsody was, appears at the first glance; and its operation could not but be suitable to its contents.

In short, the assembly, upon the second reading of this and his former message, observing, that the governor called upon them to show, upon what information they founded their opinion, that he was restrained by proprietary instructions from passing their bill, had recourse to their former proceedings in relation to the proprietaries bearing a proportionable part of the expenses incurred on Indian affairs; and the whole having been read and duly considered, upon the issue made the following order, to wit:

"That the representation from the assembly to the proprietaries in 1751, the proprietaries answer thereto laid before the house in May, 1753, and the report of a committee of assembly at that time on the said answer (neither of which have as yet been made public) be now printed with the minutes of this sitting.' "And they were printed accordingly. So that the whole province had now for the first time the whole case before their eyes, and could not help being convinced by these emphatical words, in clause fourteen, of the proprietary answer, before pointed out, especially if we shall be induced, from the state of your trade, to consent to an increase of your paper-currency," that proprietary, not

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bly, as the ground of their proceedings, they inserted the unanimous resolutions they had come to, which were as follow, viz.

"That it is the opinion of this house, that the late governor, who was, we presume, as much bound by the additional instruction to col. Thomas, in 1740, as our present governor is or can be, has clearly admitted in his reasonings with our last assembly, that it was an absurdity too glaring, to suppose that any government would voluntarily tie up the hands of its subjects from serving it by such means as they are able, in cases of great emergency;' and that col. Thomas, in passing the act for granting five thousand pounds, for the king's use, in the year 1746, by extending the excise act for ten years, was so far from acting contrary to the instruction he had received from the lords justices in 1740, that the very contrary was evident;' and that the said instruction was not binding upon him from passing a bill in cases of great emergency, of the same tenor with our bill for granting twenty thousand pounds, for the king's use, which our governor has now been pleased to refuse his assent to.

"That it is the opinion of this house, that the governor is undoubtedly bound by proprietary instructions, and that they may be, and we believe they really are, or some of them are, such as, independent of the royal instruction, limit or restrain him from passing acts, which, by the royal and provincial charters, we have an undoubted right to offer, and by which he has, or ought to have, full powers to give his assent to, as governor of this province.

"That it is the opinion of this house, that these proprietary instructions, or some one or more of them, is, or are, the principal, if not