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ceeding to fort Du Quesne, and had sent him orders for that purpose; and that in addition to this, he had said to him, that it would depend on those several provinces to assist colonel Dunbar with reinforcements, provisions, ammunition, artillery, ordnance stores, carriages, horses, and all other things to fit him out for his march, &c. and that he had wrote to the same effect to governor Dinwiddie and governor Sharpe, whose assistance, with that of Pennsylvania, he entirely relied upon at that extraordinary crisis; that he must therefore recommend it to them, to enable him to do the several things so expected of them, to take the matter into immediate consideration, and give him their answer thereto, that he might send it forward to colonel Dunbar, and the said governors of Maryland and Virginia, whose measures would, in a great measure, depend on what he should be enabled to do." Now general Shirley himself, in the state of his own conduct, which he has lately laid before the public, says, 1st, that colonel Dunbar did not receive any orders whatever from him till about the middle of August, at which time he had advanced far in his march to Philadelphia; and 2dly, that the orders he then sent him, were to march his troops to Albany, there to be ready to assist either in the expedition against Niagara or Crown-point as his majesty's service should require, or at least cover the country in case major-general Johnson should be defeated by the French, &c. nor does he mention one word of the assistances he expected or required of the said provinces.

The general, nevertheless, might possibly have sent such orders subsequent.

The assembly did not, however, start any scruple on this head; but, as before, took all upon content; and behaved in every respect, as if they were altogether as solicitous to tax themselves, as their proprietaries.

To render this undeniable, an instance of a very singular kind is now to be brought forward. Certain gentlemen of Philadelphia, not of the assembly, to the number of twenty, subscribed in various proportions, the sum of five hundred and two pounds, ten shillings; and made a tender of it to the house with the following proposal, to wit:

"We the subscribers observe, with great concern, that the governor and assembly differ in opinion, in respect to the taxing the proprietaries' estate; and lest by such difference in opinion the bill for raising fifty thousand pounds for his majesty's service should not take effect:

"And as the assembly, in their message to the governor, seem to be of opinion, that were the proprietaries' lands to be taxed, the sum would not exceed five hundred pounds :*

"We, rather than the least check should be given to his majesty's service at this time of imminent danger, by a matter so very trifling, do hereby promise and engage to pay five hundred pounds, money of Pennsylvania, into the public stock, for the king's use, in lieu of what the proprietaries would pay as their part of the fifty thousand pounds, were their lands to be taxed.

"And as we declare the absence of the honourable the proprietaries to be our motive for making this proposal, being well assured, that were they present it would have been altogether unnecessary; and we doubt not but they will honourably acquit every subscriber of this expense.'

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The house, taking it into consideration, “resolved, that such a proposal to this house is improper, as this house is destitute of the necessary information to assess any estate duly, and neither can nor ought to assess the proprietaries' estate at the sum proposed, or at any other sum whatever; and as, in case the subscribers should neglect or refuse to pay the sum subscribed, it would not be in the power of this house, not being a body incorporate, to sue them for the same. But as the house presumes that the said proposal may have arose from the subscribers' judgment of the equity of taxing the proprietaries' estate equally with all others in this province, for their common safety, ordered, that the said proposal be sent up to the governor as a further security to him, in case he should give his assent to the bill for raising fifty thousand pounds for the king's use," &c.

And having on the 19th, prepared a suitable message, sent it up together with their bill, to the governor, under a strong expression of hope, that, with this further security he would cheerfully give his assent to it.

At the same time, also, in a separate message, they further apprized him," that they had taken his message concerning governor Shirley's orders into consideration; and that it was their opinion, his giving assent to their bill, which they earnestly requested of him, would enable him to do every thing which could be reasonably expected from them."

And that he might not serve any insidious purpose by his message concerning Louisburg, they sent him the following answer, in which they at once corrected his state of the fact, by inserting the very words of governor Lawrence's letter, and left him to answer for his deviation.

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May it please the Governor, "We have considered the governor's message of the 16th instant, with the extract from

words of the assembly by these friends of the proprietary; and it appears by an act afterwards passed, that five thousand pounds, and not five hundred pounds, was looked upon and accepted as an equivalent for the pro

* This however was a forced construction put on the prietaries of a sixty thousand pounds tax.

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governor Lawrence's letter to governor Phipps, impertinently and improvidently put into the in which it is observed, that if the excel- scale against all the rest. lent laws prohibiting the transportation of To say all at once, his answer to the last provisions to Louisburg continue in force for proposition, as verbally delivered to the house two months longer, there is a probability that by his secretary, was in these words, viz. the governor of that place will be obliged to "Sir,-The governor having by message of present the keys of the garrison to Mr. Bos- the 14th inst. informed you, that he did not cawen.' And our governor is pleased to re-think it consistent with his power, or trust, commend it to us, to think of some proper to pass the bill for raising fifty thousand law that may most effectually prevent their pounds, without the amendments he had made being supplied from this province; but as an to it, and that he adhered to those amendments; act passed this house, and received the go- is surprised at your message of this day, to vernor's assent, at our last sitting, intituled, which he can only say, that he thinks it his 'an act to continue an act, intituled, an act duty to adhere still to the amendments he to prevent the exportation of provisions, naval made to that bill." or warlike stores, from this province to cape Breton, or to any other dominions of the French king, or places at present in possession of any of his subjects, by which the act continued will be in force at least ten months to come, and has been, as far as we know, effectual for the purposes intended; and as the governor has not pointed out to us any defect in that act, nor has any occurred to us, we cannot at present think what law can be made more effectually to prevent that place being supplied with provisions, &c. from this province.

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On the same day, also, by another message he put them in mind of his former requisitions concerning a militia; and demanded a plain and categorical answer, whether they would, or would not establish one, That his majesty and his ministers might be informed, whether, at this time of danger, the province of Pennsylvania was to be put into a posture of defence or not?"

This convinced the house, that all expedient was at an end; and that all the governor aimed at was to bewilder them if possible in another maze of controversy. To discharge And now the period was come, when all themselves, therefore, of every branch of duty, capable of conviction, were to be convinced, as far as they were permitted to do it with that, though the governor had laboured any consistency to themselves, and regard to to establish a belief, that the uncomplying disposition of the assembly was the only obstacle to the current of public business, the contrary was the matter of fact; and that having observed obstinacy on his side never failed to produce some concession on theirs, he had come to a resolution, to proceed in the same course of exaction, till nothing required of him by his instructions was left unperformed; that is to say, till the assembly had nothing left to part with.

the fundamentals of their constitution, they first took into consideration the several petitions of the frontier towns, for arms, &c., and resolved, that a sum not exceeding one thousand pounds, if so much remained in the treasury at the disposition of the house by the laws in force, should be paid into the hands of a committee of the house, then named, to be by them disposed of, with the concurrence of the governor for the time being, as should ap

pear necessary.

The shadow of a royal instruction, so long Proceeding then to the governor's verbal and so often played before their eyes, was now message concerning their money-bill; they' out of the question; the governor says the pro- agreed to return an answer to this effect, viz. vince is actually invaded; that a victorious" that he, having in his former answer signifienemy is on the point of ravaging it with fire ed, that he was not yet satisfied, &c. whatever and sword; the king's troops, after having he might be when he heard what they had farbeen so many ways gratified and assisted, are ther to say, which argued a suspension of his recalled; they are told they are to provide for determination, and they having since sent their own defence; they offer fifty thousand him a long message containing the reasons of pounds to be laid out for that purpose; the pro- their procedure, they could not but be surprietary estate becomes liable to a demand, prised at his surprise, more especially as he computed by his friends at about five hundred had not even then returned their bill; that pounds, even that five hundred pounds, is of as to his proposal for striking any sum in pafered on the behalf of the proprietaries, by a per-money the present exigency might refew private individuals, as an expedient to re- quire, provided funds were established for move that only difficulty out of the way: and sinking the same in five years, they had no the governor refuses it. So that, if there was funds equal to so great a sum without the asany truth in the governor's repeated asser-sistance of an equitable tax, to which the tions, the safety of the province, the interest of the public, and the honour of the British crown, were to be alike exposed and endangered, together with the proprietary estate, so

governor would always have his objections in favour of the proprietary estate; that as this proposal might lead them back into those disputes, which, by the form of this bill, agree

able to the governor's advice in his speech at the opening of the session, they had studied to avoid, they should be farther surprised to receive it from him, could they find the least reason to think he was sincerely desirous of having any thing done for the defence of the province; and that being now convinced, no farther benefit could arise from their longer sitting, and being to meet of course in a few weeks to settle the accounts of the year, they took leave to acquaint him of their purpose to adjourn to the 15th of September ensuing, in case he had no objection to that time."

their sitting, they preferred a request to the governor, "that, if he had any business of importance to lay before them, particularly, if any application had been made to him for a farther supply of provisions, for the use of the king's forces then gone towards Crown-point, he would be pleased to lay it before them soon, as their year was near expired, and the time of their continuance together consequently short."

hundred and fifty, in addition to the forces sent by those governments against Crown-point, who will also stand in need of a supply of provisions; he therefore recommends these matters to your consideration."

The answer they received was verbal, by his honour's secretary, importing, "that the government of Massachusetts-bay had ordered Lastly, by the same members that were two thousand eight hundred men to be immeappointed to carry up this message to the go-diately raised, in addition to the one thousand vernor, they also sent another concerning a five hundred before raised for the reduction militia, in which having enumerated his se- of Crown-point; and that the governor had the veral messages in relation to the defence and day before received a letter from governor safety of the province, they waive the point by Phipps, desiring, at the instance of the council saying, “That the elections throughout the and assembly there, an immediate supply of province being near at hand, they chose to re- provisions to be sent to Albany." And, as if fer that point to a future assembly, and then this was not enough to ask of them, a suppleproceed as follows:-But as we find, by the mental paragraph was grafted upon it as folgovernor's result upon our bill for granting lows: "the governor has also been informed, fifty thousand pounds for the king's use, he that the government of Connecticut have raiscannot think it consistent with the trusted fifteen hundred men, and Rhode-Island one reposed in him by the proprietaries to pass that bill, we find by experience that it can answer no good purpose to waste our time in preparing bills for his assent, in which, for the common security and defence of the province, we apprehend it would be a high breach of Two articles, out of governor Shirley's the trust reposed in us, to exclude the propri- state of his own conduct, will come in not etaries' estate from bearing any part of the improperly here; viz. "Upon Mr. Shirley's burden, and if not excluded, as the governor arrival at New York (July 4,) he found a ful asserts, must at last be rejected by him for stop put to the preparations for the expedition want of sufficient powers in his commission; against Crown-point, with respect to the artiand therefore (had we no other objections) cles of artillery and military stores, which the we hope the governor will judge it reasona- governments of Massachusetts-bay and New ble, after so many repeated refusals of the York had agreed to furnish between them, debills we have offered to him for granting large | pending that the colonies of Connecticut, Newsums of money for the king's use, that we now Hampshire, and Rhode-Island, would pay wait the determination of our superiors, what their proportions of the expense; but that not powers he has, or ought to have, as our go- being done, the government of New York devernor, under the royal and provincial char-clined parting with the stores, without actual ters; and what exclusive rights our proprietaries may be justly intitled to in the laying and levying of taxes for the common security and defence of their estates, with all the other estates within this province."

payment or security given. After having removed this obstacle to the expedition's proceeding, by putting into the hands of the government of New York, a sufficient quantity of the Pennsylvania provisions, as a security for reimbursing them on account of the before-mentioned articles, and advanced about one thousand pounds sterling, of his own money, towards the expense of transporting the artillery, and ordnance-stores, in confidence of being reimbursed by the New England colonies, he embarked for Albany."

In answer to the first of these messages, so far as related to the time of adjournment, (with which he was verbally acquainted by the messengers) the governor was pleased to say, "he had no objection to that time more than any other; but that if he found [on perusal of the written messages then delivered to him] that the house had not given him a The reader will make his own remarks; satisfactory answer, to his messages relating at least he will infer from what passed in the to a militia, he should call them again imme-assembly of Pennsylvania before, in relation diately."

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to orders said to have been received from and demands, made by general Shirley, that the said assembly would now have been inexcusable, if they had not called upon their go

vernor, for governor Phipp's letter and the other informations referred to upon this occasion; which they did by express message; and that having been told by him in answer to that call, that he had orders from the secretary of state not to lay before the house any papers but such as he pleased, they should apply to him for a sight of such orders.

They did so, and were again refused; he signifying that such orders being intended for his own government, he thought it improper to communicate them; and in the name of the secretary of state, vouching, as he himself had done before, that messages from him were a sufficient foundation for them to proceed upon; but withal recurring to what he had also of fered in his former message, namely, to communicate to their speaker, or a few of the house, such parts of the information he had received from the eastward as his majesty's service required.

But this not proving satisfactory to the house, all proceedings on this head were for some days at a stand; and the interval was filled with a continuation of the animated controversy, which in the preceding session had so highly exasperated the two branches of the legislature against each other, and which never had been either revived, or caused, if the governor and his employers had not preferred their own private views, to all the moral and equitable obligations of government.

When the assembly had sat nine days, and now remained in a sort of suspense, not choosing to inflame on one hand, and willing to hope the governor would find reasons to abate of his unreasonable stiffness on the other; came down a long message by way of answer to the assembly's paper of August 19; and, sufficiently exasperated thereby, that body, now at the point of dissolution, resolved to acquit themselves with as much spirit as if they had been immortal.

To the appendix the reader must be again referred for both pieces; they cannot, they ought not to be suppressed; they are too long to be here inserted entire, and to abridge them, at least that of the assembly, would be to maim one of the most lively pieces that liberty ever inspired or controversy produced. See Appendix A.

Such a reference then to the subject matter of both as will just serve to keep us a sort of historical connexion, is all the use to be made of them in this place.

The assembly had (very truly) charged the governor with contriving all possible methods of expense to exhaust their funds and distress their affairs; and had given in proof the exorbitant demand made upon them for cutting the road for the use of the army; an enterprise which they tell him they had undertaken at his instance, on a computation of its costing only eight hundred pounds. The governor in

his reply said such a sum might have been mentioned as what it would cost in some men's private opinion; but not upon an estimate of the commissioners, nor what had been as such sent to him. Adding, "that though they had numbered the making the road among their meritorious acts, they had in effect done it out of fear of having proper representations made of their conduct at home, and of an armed force being used to oblige the inhabitants to do this necessary work; that he had persuaded the general to compound for one road instead of two, to contract even that to two thirds of the breadth, and not to carry it so far by many miles as directed by the quarter-master-general; by which great savings were made to the province, and thanks instead of complaints were due to him, and rewards to the commissioners who had served the province in so hazardous a task so well; that he had never made such a demand as five thousand pounds, nor could it have been made by any one, because the accounts were not come in; and that now they were come in, the charge did not amount to three thousand pounds, which was not extravagant, considering the distance and expedition required in the work."

The assembly in their answer could not be so full in their own justification, and, consequently, in refuting the governor, as they might have been, because the necessary documents happened at that time to be mislaid. But when those documents were recovered, they did themselves ample justice, by reprinting the most material in an appendix to their minutes.

And among them was a letter from the said commissioners to the governor, which was communicated, together with one of the governor's own, (to the committee of assembly, at that extraordinary crisis, appointed to act on behalf of the whole, and other members then called in to their assistance) by his secretary; in which was the following express clause: "the expense of making the road thirty feet wide, and the principal pinches twenty, will make an expense of about eight hundred pounds." This letter was dated April 16th; and the committee having, in the name of the house, undertaken to defray the expense of both roads, the work went on accordingly. In another letter from the same commissioners, dated May 3d, it is said, "both roads will leave little of one thousand five hundred pounds, for it is impossible to tell what unexpected occurrences will arise," &c. the house, now sitting, resolved to persevere notwithstanding, and notwithstanding the loss of their bill, which made their compliance more difficult. Another estimate, dated fifteen days after this, signified, "that the expense of opening both roads would be little under two thousand pounds." Thus three estimates

had been delivered in, each exceeding the other; and after all this, when one road had been dropt, and the other reduced in the manner alleged by the governor, the said commissioners did actually require five thousand pounds to be sent to them, in addition to what had been paid to them already, which in money and provisions was supposed to be near one thousand pounds. The committee of accounts had sat upon this requisition, had pronounced it to be extravagant, and had given it as their opinion, August 8th, 1755, "that in order to prevent imposition on the public, the said commissioners ought forthwith to attend the said committee with their accounts fairly stated, with proper vouchers for the same. From all which premises, the house had surely reason to ask as they did, "whether they had not good reason to be surprised at this, and to suspect some extravagance in the management?" But they went farther still; they cited the original letter from the governor's six commissioners to him, and by him communicated to the house, August 9th, in which the five thousand pounds is specified, together with an intimation, that the people being much in want of money, the money could not be sent too soon. And they conclude this section with the following shrewd remark: "The governor's judgment of our motives to engage in this work of opening the roads, seems to us a very uncharitable one, but we hope to find more equitable judgment elsewhere. We are obliged to him, however, for owning that we did engage in it at all. For as he is pleased to lay it down as a maxim that we are very wicked people; he has shown in other instances, when we have done any good, that he thinks it no more injustice to us to deny the facts, than now to deny the goodness of our motives. He would, however, think himself ill used, if any part of his zeal in that affair was ascribed to the menaces directed to him; or to a view of accommodating by the new road the lands of the proprietaries' new purchase, and by that means increasing the value of their estate at our expense."

Again: the governor was pleased to express himself in these extraordinary terms "You have often mentioned what you have done to promote the success of his majesty's arms under general Braddock, and for the defence of the province, and say, you have letters from the late general, thanking you for your service; the truth of this I must beg leave to question, as the late general was too honest to say one thing to you, and another to the king's ministers. He might acknowledge the services of particular men, but how you can take those to yourselves as an assembly, when you had no hand in what was done, I am at loss to know. I think it will not be doubted, but that had you in time opened the proper roads, raised men, and provided carriages and

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necessary provisions for the troops, as this was the only province able in the general's situation, to furnish him with them, we might now have been in peaceable possession of fort Du Quesne."

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To which astonishing, because groundless charge, the assembly, in the following full and effectual manner, replied: "We own that we have often mentioned this; but we have been forced to it by the governor's asserting, as often, in his messages, contrary to known fact, that we had done nothing, and would do nothing of that kind. But it seems we take to ourselves the services of particular men, in which the governor says, we had no hand; and adds, That had we in time opened the proper roads, raised men, and provided carriages, and necessary provisions for the troops, we might now have been in peaceable possession of fort Du Quesne.' We beg leave to ask the governor, has the body no share in what is done by its members? has the house no hand in what is done by its committees? has it no hand in what is done by virtue of its own resolves and orders? did we not, many weeks before the troops arrived, vote five thousand pounds for purchasing fresh victuals, and other necessaries for their use? did we not even borrow money on our own credit to purchase those provisions when the governor had rejected our bill? will the governor deny this, when he himself once charged it upon us as a crime? were not the provisions actually purchased by our committee, the full quantity required by the commissary, and carried by land to Virginia at our expense, even before they were wanted? did the army ever want provisions, till they had abandoned or destroyed them? are there not even now some scores of tons of it lying at fort Cumberland and Conegochieg? did the governor ever mention the opening of roads to us before the 18th of March, though the requisition was made to him by the quarter-master-general in January? did we not in a few days after send him up a bill to provide for the expense, which he refused? did not the governor proceed nevertheless to appoint commissioners, and engage labourers for opening the road, whom we afterwards agreed to pay out of the money we happened to have in our power? did the work ever stop a moment through any default of ours? was the road ever intended for the march of the troops to the Ohio? was it not merely to open a communication with this province, for the more convenient supplying them with provisions when they should be arrived there? did they wait in the least for this road? had they not as many men as they wanted, and many from this province ? were they not more numerous than the enemy they went to oppose, even after the general had left near half his army fifty miles behind him? were not all the carriages they demanded, being one

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