benefited by a proper application of the tax than any other estate in the province; that the proprietary did not govern them, that the province, at a large expense, supported a lieutenant to do that duty for him; that if the proprietary did govern them in person, and had a support allowed him on that account, they should not have thought it less reasonable to tax him as a landholder for the security of his land; that they the representatives of the people, were also allowed wages for their service in assembly; and yet the governor, they insinuated, would hardly allow it to be a good reason why their estates should therefore be tax free; that it was scarce to be supposed the proprietary could, from the nature of his office, derive higher

that the king's tenants were, by every landtax act, impowered to deduct the same out of their rent; and that the king's receivers were obliged, under severe penalties, to allow of such deductions; but that this was not the first instance by many, in which proprietors and governors of petty colonies have assumed greater powers, privileges, immunities, and prerogatives, than were ever claimed by their royal master, on the imperial throne of all his extensive dominions.

try; they could not conceive how the giving a part to save the whole, and, in the proprietary's case, not only to save the whole, but to render it of double or treble value, could properly be called hurting or incumbering an estate; that if the argument had any force, it had the same force in behalf of the people; and, consequently, he ought in duty to reject both parts of the bill for the same reason; that for their parts, happening to think otherwise, they had laid the tax as cheerfully on their own estates as on those of their constituents. "That the proposed grant of lands, for the encouragement of military adventurers, west of the Alleghany mountains, without any purchase-money, was as absolutely irreconcileable with the letter of the proprietary proviso in his, the governor's commission, as his as-pretensions than the king himself; and yet sent to the tax upon their estate could be represented to be; that if their love and affection for their country was such, that if they were on the spot, they would do any thing in their power for its preservation; and if the governor, presuming on that love and affection, thought himself at liberty to dispense with so positive a prohibition, it might be asked, why could he not venture to do the same in one instance for the same reason as in the other? and if the grant of lands would be valid, notwithstanding such prohibition, why would not his assent to the bill be the same? that this magnified offer had in reality been proposed only to make the taxing of the proprietary estate appear less reasonable; that it was in effect an offer of amusement only, good lands not being so much as specified; and as good as the best there, being to be had in Virginia (where quit-rents were but two shillings, whereas the common quit-rents in Pennsylvania were four shillings and two pence sterling) without purchase-money, and with the same exemption of that quit-rent for fifteen years to come, so that the encouragement so graciously offered to those adventurers to recover the proprietaries' lands out of the hands of the enemy, was at the bottom no better than a proposal to reward them with a part of the lands they were so to recover, at more than double the price demanded in the neighbouring province, without any of the risk they were in the present case to be exposed to.

"That the governor being vested by the royal charter itself with all the powers granted thereby, for the good and happy government of the province, was in full capacity to pass the law in question, the proprietaries having no authority to restrain those powers; and all such restraints having been already considered and declared as null and void.

"That the positive law of this province hinted at by the governor as exempting the proprietaries' estates from taxes, was no other than the law for raising county rates and levies, which were in the same act appropriated to purposes for which the proprietaries could not reasonably be charged (as wages to assembly-men, rewards for killing wolves, &c.) not a general, constitutional law of the province; that by a positive law, the people's representatives were to dispose of the people's money, and yet it did not extend to all cases in government; that if it had, amendments of another kind might have been expected from the governor; seeing, that, in consideration of the purposes of the grant, they had allow. ed him a share in the disposition, and that he, by his last amendment, proposed also, to have a share in the disposition of the overplus, if any.

"That they begged leave to ask, whether, if the proprietary estate was to be taxed as proposed, it would be equitable for the owner to have a negative in the choice of assessors, since that would give him half the choice, in lieu, perhaps, of a hundredth part of the tax; that as it was, he had officers, friends, and other dependants, in every county, to vote for him, in number equal to the proportionable value of the share of the tax; that if the proprietary shrunk at the injustice of being tax"That they did not propose to tax the pro-ed where he had no choice in the assessors, prietary as governor, but as a fellow-subject, a landholder and possessor of an estate in Pennsylvania, an estate that would be more

they again asked, with what face of justice he could desire and insist on having half the power of disposing of the money levied, to

which he would not contribute a farthing; the proprietary family have been doubly paid that there was great impropriety in saying the proprietary estate was by this act to be taxed at discretion, seeing the assessors were to be upon their oaths or solemn affirmations, which gave the proprietary as good security for equity and justice as any subject in the king's dominions.

"That as to the governor's plea, deduced from usage and custom, they alleged, usage and custom against reason and justice, ought to have but little weight; that the usage of exemptions in cases where the proprietary estates could not be benefited by a tax, was not in point; that if it was, so far as regarded the estates of persons exercising government by themselves or lieutenant, it could not include the estates of proprietaries, who not only did not exercise government by themselves, but would moreover restrain their lieutenants from exercising the just powers they were vested with by the royal charter." And their last paragraph was at once so cogent and pathetic, that it ought to be given in their own words, which cannot be amended. To wit:

for them, in the value of the lands, and in the increase of rents with increase of people. Let not our affections be torn in this manner from a family we have long loved and honoured! let that novel doctrine, hatched by their mistaken friends, that privileges granted to promote the settlement of a country, are to be abridged when the settlement is obtained,' iniquitous as it is, be detested as it deserves, and banished from all our public councils! and let the harmony, so essential to the welfare of both governors and governed, be once again restored; since it can never be more necessary to our affairs than in their present melancholy situation! we hope the governor will excuse some appearance of warmth, in a cause of all others in the world the most interesting; and believe us to be, with all possible respect and duty to the proprietary family and to himself, his and their sincere friends and well-wishers."

The governor, on the other hand, to find them employment while he had this puzzling paper under his consideration, called upon them again in his majesty's name, like any constable, to put the province into a posture of defence by establishing a militia, so as that a due regard might be had to scrupulous consciences; and demanded an explicit answer.

ingly, been told, that they knew of no law to authorize them for so doing; a law would be necessary for that purpose, and recommended it to them to prepare one, those troops being then upon their march into the province, whether they were to remain there or not.

"On the whole, we beg the governor would again calmly and seriously consider our bill, to which end we once more send it up to him. We know that without his assent the money cannot be raised, nor the good ends so ear- This was done August 9, being Saturday; nestly desired and expected from it to be ob- on the Monday following, he gave them to tained, and we fear his resolution to refuse it. understand, by another message, that being But we entreat him to reflect with what re- quite uncertain, what effect his letters to cololuctance a people born and bred in freedom, nel Dunbar with regard to the posting his and accustomed to equitable laws, must un- troops on the western frontiers, would have; dergo the weight of this uncommon tax, and having also been required by him to provide even expose their persons for the defence of quarters for his troops, and having upon applihis estate, who, by virtue of his power only, cation to the mayor and corporation of Philaand without even a colour of right, should re-delphia, to provide quarters for them accordfuse to bear the least share of the burden, though to receive so great a benefit! with what spirit can they exert themselves in his cause, who will not pay the smallest part of their grievous expenses? how odious must it be to a sensible, manly people, to find him who ought to be their father and protector, taking advantage of public calamity and distress, and their tenderness for their bleeding country, to force down their throats laws of imposition, abhorrent to common justice and common reason! why will the governor make himself the hateful instrument of reducing a free people to the abject state of vassalage; of depriving us of those liberties, which have given reputation to our country throughout the world, and drawn inhabitants from the remotest parts of Europe to enjoy them? liberties not only granted us of favour, but of right; liberties which in effect we have bought and paid for, since we have not only performed the conditions on which they were granted, but have actually given higher prices for our lands on their account; so that

And on the morrow he plyed them with another teaser; which, together with the assembly's answer of the same day, and his rejoinder of the 16th, shall be given in the respective terms they were delivered. "Gentlemen,

"I am importuned by the Indians, to let them know what it is this government has to impart to them. If they can be made hearty for us, they may prevent a great deal of mischief, engage other Indians in our favour, and be prepared for any other service that we may think proper to employ them in.

"To do this will require great skill, and an open hand, for presents they certainly expect, and will not, at this time, be satisfied with small ones.

"The Owendaets came, on our invitation,

And upon the next, the governor signified in writing, to the assembly, "That having amended the bill for raising fifty thousand pounds, and not being yet satisfied that it was in his power or consistent with his trust, to pass it without these amendments, whatever he might be when he should hear what they proposed to say to him upon that head, he thought it necessary in answer to their message of the day before to inform them, that he did adhere to the amendments to the bill so by him made."

selves, though some of them had not yet armed a man, or beat a drum.

Out of all which, such a jumble of ideas encounter each other, and such a variety of doubts and suspicions arises, that one cannot help wondering that the assembly did not call for these several letters, and from the evidence of their own eyes, and their own understandings, form such a remonstrance, as would have displayed the whole state of things in its proper colours.

In this one instance, therefore, it may be not irrationally supposed, that their usual sagacity failed them; and this failure was no sooner discovered, than the governor came upon them with another message importing, "That his secretary would lay before them the copies of sundry petitions which had been presented to him from several parts of the province, representing their naked and defenceless condition, and praying to be enabled to defend themselves, which they were sensible was not in his power to comply with; that he would also lay before them a letter from one John Harris, giving an account of a large party of Indians actually set out from the French fort with a design to fall upon and destroy the inhabitants of this and the neighbouring provinces; that they had this piece of intelligence as he had received it; that they would form their own judgments upon it; that for his part he thought it probable; and that therefore he recommended it to them to take immediate thought about it, as the consequence would be very terrible to the inhabitants, if the account should prove true, and it could do them no injury to be upon their guard if it should prove false."

This message was also accompanied by another, in which the governor specifies, "That he had received a letter from colonel Dunbar in answer to the proposition he had made to him [at the instance of the assembly, should have been acknowledged] for posting part of his troops on the western frontier, signifying, that he was willing to employ them in the best manner he could, for the honour of his master and the service of the public, and enclosing the opinion of a council of war, by which he, the governor, was desired to give them a meeting at Shippensburg, where they would wait till he could join them; and that he should readily have gone thither for that purpose, had he not received another letter from governor Shirley, (in answer to one of his, requesting orders for employing the remainder of the two English regiments in protecting the frontiers of that and the neighbouring provinces) in which he said, he thought it for his majesty's service to employ those troops another way, as those provinces were populous enough to protect themselves; and therefore had sent orders to colonel Dunbar, under cover to him, to march his troops to that city; which he had [already] forwarded to him; and that as the This was dated the 15th-the 16th he march of these troops would leave the western farther gave them to understand, "That he frontier exposed to the French and Indians, he found, by an extract of a letter from governor thought it his duty to communicate those mat- Lawrence, of Nova Scotia, to lieutenant-goters to them, that they might, as soon as pos- vernor Phipps, of New England, sent by gosible, make provision for the security of the vernor De Lancy, of New York, to him, that back inhabitants, and for the subsistence of the French at Louisburg were in such disthe troops during their march through the pro- tress for want of provisions, that if a supply vince, which might prevent great mischiefs to could be prevented, they might be reduced to the people inhabiting near the road from Ship-a necessity of giving it up to us; and that, pensburg to Philadelphia."

So that the march of our own troops is here discoursed of in such language as renders it doubtful for a moment, whether he is not speaking of the enemy. Governor Shirley's thoughts are immediately received as laws; governor Morris has not a thought to suggest to the contrary; it was for the king's service to leave a province, actually invaded, as the last of these governors had over and over again asserted to the assembly, exposed to the ravages of the enemy; and though provision had been at first made for having four regiments to carry on the war in these provinces, these provinces were now all at once supposed to be in a condition to cover them

therefore, he recommended it to them to think of some proper law, that their being supplied from Pennsylvania might be more effectually prevented.'

And on the 19th he again notified, "That he had received letters by express from governor Shirley, [which however he did not communicate] acquainting him, that he had wrote to colonel Dunbar, that it appeared clear to him (Shirley) as there would be four months of good weather before the winter set in, that with the number of forces the colonel then had, and the assistances he might have from Pennsylvania, Maryland, and Virginia, he might yet have it in his power, to retrieve the loss sustained in the late defeat, by pro