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till they had received the necessary informations, the abuses of which this bill was designtion concerning it.

ed to regulate and redress." It was in this manner they parted. The Now, whichever party was in the right, adjournment they made was only to the 12th can it be said, that the king, or the supply for of May, and yet the governor both complain- his service, or any one of the points in the ed of that term as too long, and said he should preceding session agitated, had any concern call them sooner if there was occasion. When in the rise, progress, or issue of this contro they met, they gave the governor notice as versy ? has it not been already observed, to usual, and that they were ready to receive the honour of the assembly, how cautiously whatever he had to lay before them. The and prudently they had avoided whatever governor's answer was, that he had nothing could tend to widen the breach on any of these to lay before them at present but the German heads ? is it not fresh before us, that, even for bill; a bill, that is to say, recommended by the want of provocation, the governor himself was governor himself, from the notorious necessity forced both to part with them, and meet them of it, for preventing the importation of Ger- again in peace. And yet having declared as man or other passengers or servants in too we have seen, that he had nothing to commugreat numbers in one vessel, and for prevent- nicate to them, consequently nothing to ask ing the spreading of contagious distempers, of them, other than what related to this Gerimported by or together with them, &c. This man bill ; did he take the hint from hence to had been prepared by the house at their last treat them by message in the following exsitting, and sent up to the governor ; had been traordinary manner, viz. returned with amendments by him; some of “ Gentlemen, these amendments had been adopted : and “When I summoned you together on the then the bill had been again sent up, with a 17th of March last, I was in hopes you would desire from the house, that the governor would bring with you inclinations to promote the be pleased to pass the same as it then stood. public service, by granting the supplies exThis he had not been pleased to do, but on pected by the crown, and by putting this prothe contrary had referred it to the consideration vince into a posture of defence; but I am of his council, by whose advice he had been sorry to find, that neither the danger to which determined to adhere to his amendments ; un- this country stands exposed, nor his majesty's der which declaration it was now again sent repeated and affectionate calls, have had any down to the house; who having appointed a weight with you. committee to draw up a message to the go “ The bill you sent me for striking twentyvernor, representing the inconveniences to five thousand pounds, was of a more extraorbe apprehended from the said amendments, dinary nature than that I refused my assent and agreed to that message, on the report of to in the winter sessions, as it gave general the same, came to a resolution of adjourning Braddock a power over no more than five on the morrow to the first of September. thousand pounds, and subjected the remaining

To say this message was of the most pa- twenty thousand, and all the surplus of the thetic, rational, and interesting kind, is to say excise, for eleven years to come, to the disthe least that can be said of it: it explained position of some of the members of your house, the evil to be remedied, and the consequences and to the assembly for the time being. to be apprehended from a continuance of it, " The offering money in a way,

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upon in the most affecting terms; it demonstrated, terms that you very well knew I could not, that the amendments insisted upon by the go-consistent with my duty to the crown, convernor were calculated to deprive it of all its sent to, is, in my opinion, trifling with the vigour and utility ; that in effect the province king's commands, and amounts to a refusal to was to be as much exposed to the same nui- give at all; and I am satisfied will be seen sances and dangers as ever; and what gave in this light by my superiors; who, by your the most offence of all, by the following para- bill above-mentioned, which I shall lay begraph the inhabitants were led to the very fore them, and by the whole of your conduct source of so crying a grievance.

since you have been made acquainted with By our charters, and the laws of this pro- the designs of the French, will be convinced, vince, the whole legislative power is vested that your resolutions are, and have been, to in the governor and the representatives of the take advantage of your country's danger, to people; and as we know of no other negative aggrandize and render permanent your own upon our bills but what the governor himself power and authority, and to destroy that of has, we could wish he had been pleased to the crown. That it is for this purpose, and to have exercised his own judgment upon this promote your scheme of future independency, our bill, without referring the consideration you are grasping at the disposition of all pubof it to a committee of his council, most of lic money, and at the power of filling all the them such, as we are informed, who are, or offices of government, especially those of the have lately been, concerned in the importa- revenue; and when his majesty and the na

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tion are at the expense of sending troops for for would not, have answered those ends, was the protection of these colonies, you refuse to a matter proper to be considered at a conferfurnish them with provisions and necessary cnce, which you might have desired if you carriages, though your country is full of both; had thought proper, as it is the only means unless you can, at the same time, encroach of bringing a bill to perfection, when the upon the rights of the crown, and increase branches of the legislature differ in opinion your own power, already too great for a concerning any amendments proposed to it; branch of a subordinate and dependent go- but instead thereof, you have sent me a mesvernment, so remote from the principal seat sage filled with unjust reflections upon the

amendments proposed by me, and plainly deYou have, gentlemen, by a vote of your signed to represent ine, as having no regard own house, without the consent of the go- for the health or safety of the inhabitants of vernment, impowered a committee of your this country; in doing which, I cannot think members to borrow money upon the credit of you have paid a proper regard to truth. Howthe assembly, and to dispose of the same to ever, as it is not my intention to enter into a certain uses in that vote mentioned. You controversy with you upon that bill, which have also, by votes and resolves of your own might have been agreed upon between us, had house, created bills or notes of credit

, made the usual method of proceeding in such cases payable to the bearers thereof, to the amount been pursued by you, I shall say nothing more of fifteen thoúsand pounds, which you have upon the head, especially as this matter seems issued in lieu of money, and they are now purposely chosen to lead me and the public circulating in this province, without the ap- from considering that part of your conduct probation of the government. You have de- that must, in its consequences, most nearly nied me access to your journals, and refused affect the inhabitants of this province.” me copies of your minutes. And you have It is in every reader's power to confute printed and published the secretary of state's every article of this message from the mateletters to me signifying his majesty's com- rials before him, though not to account for the mands, not only without my consent, but con- governor's reasons for so unseasonably extrary to an order I had issued to the printers, posing himself; but as we have heard one expressly forbidding the publication of those party, 'tis fit we should hear the other, and letters.

if they have been guilty of any partiality, or “Whether you have a right to the exercise failed in any point of justice to themselves, of such extraordinary powers, his majesty and let him supply the defect or correct the error his ministers will judge, before whom it is my that finds himself qualified so to do. duty to lay your proceedings as soon as I can The piece that ensues was their answer. come at them, and to whom they will appear To wit: the more dangerous, as neither they nor you " May it please the Governor, can know but a future assembly may use those “When we met, in obedience to the gopowers against the government by which vernor's summons, on the 17th of March last, they are protected,

we really brought with us the sincerest inWhile I had any the most distant hopes clinations to promote the public service, by of your coming into measures that might pro- granting the supplies expected by the crown; mote the public service at this critical con- and we trust it will appear to all who imparjuncture, I suffered some parts of your con- tially examine the proceedings of that session, duct to remain unobserved upon; but as I am that we did every thing in our power, as our now convinced, from the whole tenor of your affairs were then circumstanced ; and consebehaviour, and from your message of yester- quently that the danger to which this country day, notifying your intentions to adjourn till stood exposed, and his majesty's repeated and September next, without granting the neces- affectionate calls, had great weight with us, sary supplies, that you have no design to con- whatever they had with the governor. tribute any thing towards the defence of this “ The bill we sent up, for striking the sum country, I thought it right to be no longer of twenty-five thousands pounds, and giving silent upon those heads.

the same to the king's use, and for providing a “Gentlemen, when the bill to prevent the fund to sink it, had nothing extraordinary in importation of the Germans, &c. was under its nature, or differing from other bills heremy consideration, I took such advice upon it, tofore passed or presented for like purposes and made such amendments to it, as I thought in this province, excepting that the sum given would best answer the public purposes, and was extraordinary, compared with the time put that trade upon such a footing as to pre- proposed for sinking it; the sum for the Cavent the many abuses that had been practised nada expedition, in the last war, being but five in it, and at the same time secure this city and thousand pounds, to be sunk in ten years, province against the coming in and spreading and this sum, though five times greater, was of infectious distempers. How far the bill, as to be sunk by the same fund, in the same proposed by you, or amended by me, would, number of years. In the bill five thousand

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VOL. II....

pounds of the sum was appropriated to pay to the crown to refuse it; if we are mistaken, for provisions bought and given for the use of 'tis an error in judgment; we have appealed the forces in Virginia, under general Brad- to our gracious king on this head, and we dock; ten thousand pounds more was given hope for a favourable determination. We are to buy provisions for the New England forces charged with trifling with the king's comunder his command; five thousand pounds mands, and refusing to give at all, thoug! more was subjected to his order, and to be we have actually given great sums in obedidisposed of for the king's service as he should ence to those commands, and earnestly enthink fit; and the remaining five thousand deavoured to give much greater, which the pounds was appropriated for the subsistence governor refused, unless we would give in a of Indians taking refuge in this province, manner which we think inconsistent with our payment of posts or expresses, hire of car- present just liberties and privileges, held unriages, clearing of roads, and other necessary der the royal charter, We are charged with contingent expenses for the king's service, as resolving to aggrandize our own power, and might be incumbent on this government to destroy that of the crown;' a charge as we discharge. Thus the whole twenty-five conceive, utterly groundless, and for which thousand pounds was appropriated to the we have never given the least foundation. king's service; and almost all of it to the im- We are charged with a scheme of indemediate use of general Braddock, or to such pendency.' We have no such scheme, nor purposes as were by him especially recom- ever had ; nor do we, as a part of the legismended in his letters, laid before the house lature, desire any independency but what the by the governor. The members of the house, constitution authorises, which gives us a right mentioned by the governor, were to have no to judge for ourselves and our constituents, share in the disposition of it; it was disposed of the utility and propriety of laws, or modes of of by the bill, and they could only have the laws, about to be made; and does not yet, and we trouble of laying it out according to the ap- confidenever will, oblige us to make laws by dipropriation, and keeping the accounts. This rection. We are charged with grasping at the is truth, and well known to the governor, if disposition of all public money, and at the he perused our bill with any degree of atten- power of filling all the offices of government: tion; yet how differently is it represented in a charge, as we conceive, equally groundless the governor's message! it is called only, “a and invidious; we have, by law, a right to bill for striking twenty-five thousand pounds;' dispose of some public money, and we cannot which is but a part of the title, the words, be properly said to grasp at what we are in

and for giving the same to the king's use,' possession of; that part of the public money being (as it would seem) carefully omitted, which the governor receives, arising by li lest they might militate against the assertion censes, &c. great as it is, he disposes of as he which immediately follows, that, "twenty pleases, and we have never attempted to in thousand pounds of it was subjected to the dis- terfere in it; nor can one instance be given position of some members of the house, and of of our attempting to fill any office, which we the assembly for the time being.' Then it are not by some express law impowered to is said, it gave general Braddock a power fill. But the heaviest charge of this para over no more than five thousand pounds,' be- graph concludes it; the governor is pleased cause it gave him a power to draw for, and to say, when his majesty and the nation are appropriate as he pleased, no more than that at the expense of sending troops for the pro sum, though all the twenty-five thousand tection of these colonies, you refuse to furnis! pounds (except a small part for the support of them with provisions and necessary carriages Indian refugees, which is likewise for the though your country is full of both ; unles king's service) was appropriated for his, and you can at the same time encroach upon the his army's use, or services by him required; rights of the crown.' This charge is really and we cannot learn that any other colony amazing! it requires, however, no other an besides, hath given, or offered to give, that swer, than a simple relation of fact. In the gentleman a power over as many pence. same session, and as soon as it appeared ther Great subtilty and dexterity appear in this was no hope of obtaining the bill for giving manner of disguising truths, and changing ap- twenty thousand pounds to the king's use, an pearances, but we see in it very little candour many weeks before the forces arrived, we and ingenuity.

voted and gave five thousand pounds to pur " In the next paragraph of the governor's chase provisions and other necessaries for those message, there are many assertions in which forces; these provisions were accordingly we think we are equally misrepresented; we bought, and are sent to Virginia, being the are charged with offering money in a way, full quantity required of us: we have since and upon terms which we knew the governor given ten thousand pounds to purchase pro could not, consistent with his duty to the visions for the New-England forces; it wa crown, consent to. We really thought, and given as soon as requested, and before the still think, it was inconsistent with his duty troops were raised; those provisions are mos

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of them actually purchased, great part sent times passed through several hands before away, and all will probably be at the place ap- payment was demanded. At the last settlepointed before they are wanted. We gave ment of the public accounts, it appeared, that not a pound of provision less than was asked of a considerable sum of this interest and exciseus, and all the carriages required of us have money, over which the assembly alone had a been furnished. This has been done with the legal power, ought to be in the hands of the greatest readiness and alacrity, and done, we treasurer and trustees. The governor himconceive, without the least encroachment on self was pleased to point this money out to us, the rights of the crown, unless • borrowing to compute the sum, and urge the house to money on our own credit (which we thought make use of it, when in January last he reeven every private man had a right to do, if fused their bill for giving twenty-five thouhe had any credit) be indeed such an encroach- sand pounds to the king's use. The house

alleged, and truly, that the money was out“ Indeed the next paragraph begins with standing in many hands, and could not sudcharging this upon us as a crime, you have, denly be collected, without distressing and the governor is pleased to say, by a vote of ruining the people. However, on the credit your own house, without the consent of the of this fund, we voted the first five thousand government, impowered a committee of your pounds for provisions, and ordered the money members to borrow money upon the credit of to be borrowed on interest. And at the last the assembly, and to dispose of the same to sitting, when the governor refused to pass our certain uses in that vote mentioned.' By bill for giving twenty-five thousand pounds to this caution in expressing the uses, a stranger the king's use, he may be pleased to rememmight imagine, that they were wicked, if not ber, that he sent us down a message in which, treasonable uses, and that the governor, out of after the reason given for not passing the bill, mere tenderness for his people, forbore to ex- there are these words: • As this is a time of plain them; but the uses mentioned in the imminent danger, and the forces raised and votes, are, to purchase fresh victuals, and destined for the service of the colonies, must other necessaries, for the use of the king's wait the supplies from this province, I again troops at their arrival; and to purchase and entreat you to fall upon some other method of transport provisions requested by the govern- raising money, that we may not lose this ment of the Massachusetts-bay, to victual the happy opportunity of recovering his majesty's forces about to march for securing his majes- dominions now invaded by the French king.' ty's territories. These are the uses, in the The house accordingly fell on this other mevotes mentioned, and the only uses; and we thod : they gave ten thousand pounds of the can conceive no reason for touching them so money in their power to the king's use; they gently by the name of certain uses, unless the appointed a committee to purchase the progovernor thought, that being more explicit on visions required, and impowered them to the uses, might seem to lessen, in some de- draw for the sum on the treasurer or trustees gree, the heinous crime of borrowing money of the loan-office, as had been usual; with this on our own credit.

only difference, that as former draughts were “ The governor is pleased to add, you payable on sight, and therefore bore no inhave also, by votes and resolves, of your own terest, these being payable in a year, were to house, created bills, or notes of credit, made bear interest; and in the mean time the outpayable to the bearers thereof, to the amount standing money was ordered to be got in, that of fifteen thousand pounds, which you have the draughts might be punctually discharged. issued in lieu of money, and they are now cir- Monied men, knowing the goodness of the culating in this province, without the appro- fund, and confiding in the justice and puncbation of the government.' This charge, tuality of the assembly, which has always we presume, will, like the rest, vanish on a honourably discharged the public debts, have little explanation. By the laws of this pro- voluntarily furnished the committee with cash vince now in force, and which have received for these draughts, which they have laid by the royal assent, the disposition of the interest in their chests to receive in time the interest. money, and excise, is vested in the assembly Thus the kng's forces have been expeditiously for the time being : out of this revenue the supplied, the people have time to pay off their assemblies have, from time to time, defrayed debts to the public, and no one is oppressed, the charges of government. The constant distressed, or injured ; nor is any encroachmethod of payment was always this; when ment made on the powers of government, or an account against the public was allowed, or any thing done that has not been usual, or any expense for public service agreed to, an which the assembly are not by law impowered order issued, drawn on the treasurer, or trus- to do. Yet this is what the governor repretees of the loan-office, and signed by the sents as creating bills of credit, and issuing speaker, or the clerk, by order of the house. them in lieu of money, without the approbaAs these orders were generally paid on sight, tion of the government;' by which, persons they naturally obtained some credit, and some- unacquainted with the fact, might understand

we had been making paper-money, and issuing |vernment, but only acquainted us, that, it it on loan, or in some other manner, to produce being a bill of a very extraordinary nature, he an advantage to ourselves, and attempted to would send it home to the ministry,' which make it a legal tender without the governor's we hope he has accordingly done, as we beassent, &c. all which is mere misrepresenta lieve it will be found, however the governor tion or misapprehension, as will appear by the may have misapprehended it, to have nothing resolves themselves, to which we beg leave to extraordinary in its nature, or inconsistent refer. After this explanation of our conduct, with our duty to the crown, or assuming more we believe it will clearly appear, that the than our just rights and privileges. governor's insinuation, as if we had used “On the whole, while we find the governor powers dangerous to the government, is as transforming our best actions into crimes, and groundless as it is unkind.

endeavouring to render the inhabitants of “ The other charges, of denying the go- Pennsylvania odious to our gracious sovereign vernor access to our journals, and printing and his ministers, to the British nation, to all the secretary of state's letters,' having been the neighbouring colonies, and to the army made and answered in former messages be that is come to protect us; we cannot look uptween the governor and the house, we think on him as a friend to this country. We are it unnecessary to take any further notice of plain people, unpractised in the sleights and them here. But we are surprised to find, artifices of controversy, and have no joy in that after having effectually given fifteen disputation. We wish the governor of the thousand pounds, in provisions and other ne- same disposition: and when he shall, as we cessaries for the king's forces, maintained at hope he will, on better consideration, alter his so great an expense our Indian allies, esta conduct towards us, and thereby convince us blished a constant regular post through two that he means well to the province, we may hundred miles of country, merely for the ser- then be able to transact the public business vice of the army, and advanced a considerable together with comfort both to him and oursum to make a long and chargeable road selves; of which till then we have small exthrough the wilderness and mountains to the pectation.” Ohio, for the use of the king's forces, the Such was the language of liberty, truth, whole expense of which we have engaged to and candour--we feel the force of it, we candefray, we should still be flatly told by the go- not resist its authority! and if the governor vernor, •That he is convinced from the whole had the mortification to find they had ordered tenor of our behaviour, that we have no de- both his message and their answer to be sign to contribute any thing towards the de- printed in their gazettes, he had alev the pleafence of this country.'

sure to find himself excused for the present by “The governor is pleased further to censure their adjournment, from the impossible task, us, for not desiring a conference on the bill to of constructing such a reply as the pressure prevent the importation of Germans, or other of this case required. passengers, in too great numbers in one ship Perhaps they thought the absurdity he had or vessel, and to prevent the spreading of con- fallen into, by charging them with a resolutagious distempers, &c. We own that it is tion to take advantage of their country's dansometimes practised, when the governor and ger, to aggrandize and render permanent their assembly differ in judgment concerning a bill, own power and authority, too glaring to need to request a conference, if there be any hope any comment. Perhaps they did not think it by such a conference to obtain an agreement; proper to retort, that the inhabitants of a colo but we being, from many circumstances at- ny, so remote from the principal seat of emtending the bill, without such hope at pre- pire, had abundantly more to apprehend from sent, contented ourselves with laying before an excess of power in their governor, than the the governor, in a message, our reasons for governor could possibly have from a like exnot agreeing to his proposed amendments, cess in their representatives; the executive, and submitted those reasons to his consider- as before observed, being a single principle ation; the bill may still be resumed, and a always in force, and the legislative composed conference entered into at a future session, if of two co-equal principles, which must always there should be any prospect of success. If tally, or can no otherwise operate, than by reOUT proceeding was irregular, which we think straining and controlling the operations of it was not, the governor may be pleased to re- each other, as in the case before us; and, permember, he himself set us a more irregular haps, they had not the resolution of the house example at our last sitting, when we present- of commons of July 2, 1678, in sight at that ed him the bill for granting twenty-five thou- time, which was as follows, viz. sand pounds to the king's use; for he neither “ That all aids and supplies granted to his proposed any amendment, nor desired any majesty in parliament, are the sole gift of the conference, nor would return us our bill (when commons; that all bills for the granting any we expressly sent for it to be reconsidered) such aids and supplies ought to begin with the according to the constant custom in this gor commons; and that it is the undoubted and

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