any thing effectual for the defence of their country, and thereby render them odious to their gracious sovereign, and to their fellowsubjects, both at home and abroad.

"That the proprietaries increasing their restrictions upon the governor, beyond what they had ever done before, at a time when the province is invaded by the king's enemies, and barbarous tribes of Indians are ravaging the frontier settlements; and their forbidding the passing of any bills whereby money may be raised for the defence of the inhabitants, unless those instructions are strictly complied with, is tyrannical, cruel, and oppressive, with regard to the people, and extremely injurious to the king's service; since, if the assembly should adhere to their rights, as they justly might, the whole province would be thrown into confusion, abandoned to the enemy, and lost to the crown.

"The house, reserving their rights in their full extent on all future occasions, and protesting against the proprietary instructions and prohibitions, do, nevertheless, in duty to the king and compassion for the suffering in habitants of their distressed country, and in humble but full confidence of the justice of his majesty and a British parliament, wave their rights on this present occasion only; and do further resolve, that a new bill be brought in for granting a sum of money to the king's use, and that the same be made conformable to the said instructions."

By this new bill, both the sum and the time was reduced one half; that is to say, the sum to thirty thousand pounds, and the time for raising it, by excise, to ten years. The bill was immediately prepared and read, and the next day was sent up to the governor, who, on the 20th, condescended to signify, that he was ready to pass the same into a law, provided, a clause therein relating to the fines and forfeitures, being paid into the treasury, was first struck out; which, on account of the present exigency of affairs, having been also agreed to by the house, the said bill was, on the 21st of September, passed accordingly into a law.

remain) the remarks of the committee by order of the house, on the proprietaries' instructions, already before the reader, which contain as full a vindication of themselves and their conduct, as is in the power of thoughts and words to express; and consequently as full an exposition of the claims and demands brought against them.

Too long, however, is this performance to be given in the entire; more especially in the close of so long a narration; and too significant is it to admit of any abridgment; to the appendix, therefore, the reader must be referred, if he has a curiosity to see it; where it is lodged, as a requisite without which neither his entertainment nor his information could be complete.

It will suffice to say in this place, that it was unanimously approved of and agreed to by the house; and that the house was unanimous also in resolving "that it was highly neces sary, a remonstrance should be drawn up and sent home, setting forth the true state of Pennsylvania, and representing the pernicious consequences to the British interest, and to the inhabitants of that province, if contrary to their charters and laws, they were to be governed by proprietary instructions."

The true state of Pennsylvania is now before us. It is apparent the assemblies of that province have acted from the beginning on the defensive only; the defensive is what every man, by the right and law of nature is entitled to. Jealousy is the first principle of defence; if men were not to suspect, they would rarely, if ever, be upon their guard.Magna Charta is apparently founded upon this principle; nay, provides, that opposition should be always at hand to confront and obviate danger. Penn, the founder of the colony, founded it upon Magna Charta; and, as we have seen, the birthrights of his followers were rather enlarged than diminished by his institutions. That the latter part of his active life, therefore, was employed in undermining his own. foundations, only serves to excite our concern, that so few should be of a piece with themselves; and to make him anUnder these circumstances, in this man-swerable in part for the trespasses of his heirs. ner, and for these considerations, had governor Denny the honour to extort this pro prietary sacrifice from these honest, considerate, able, spirited men, who had stood in the gap for so many years, and who had never been driven out of it, if it had been possible for them to have saved their country and its constitution too.

To the cruelty of the conjuncture alone they gave way; not to any superiority of reason in their adversaries, nor through any failure of integrity or fortitude in themselves.

Of this a sufficient testimonial remains still to be given out of their minutes; wherein are to be found (and it is to be hoped will for ever

Fatally verified, however, we see, both there and every where else, the fable of the axe, which having been gratified with as much wood only as would serve it for a handle, became immediately the instrument to hew down the forest, root and branch, from whence it was taken.

It is as apparent, on the other hand, that these proprietaries have acted an offensive part; have set up unwarrantable claims; have adhered to them by instructions yet more unwarrantable; have availed themselves of the dangers and distresses of the province, and made it their business (at least their deputies have) to increase the terrors of

main an asylum for all that wish to remain as free as the inhabitants of it have hitherto made a shift to preserve themselves?

Sub judice lis est.

What part the offices here at home have taken in this controversy, it will be time enough to specify when 'tis over; and appeals respectfully made argue a presumption, that right will be done.

the times, purposely to unhinge the present system; and, by the dint of assumptions, snares, menaces, aspersions, tumults, and every other unfair practice whatsoever, would have either bullied or wheedled the inhabitants out of the privileges they were born to; nay, they have actually avowed this perfidious purpose, by avowing and dispersing those pamphlets in which the said privileges are insolently, wickedly, and foolishly pronounced repugnant to government, the sources of But one circumstance more, therefore, reconfusion; and such as, having answered the mains to be added in behalf of this persecutgreat end of causing an expeditious settle-ed province, which is the testimonial of comment, for which alone they were granted, modore Spry, contained in the following exmight be resumed at pleasure, as incompati-tracts from two of his letters to one Mr. Lovel, ble with the dictatorial power they now chal- a gentleman of Philadelphia, and by him comlenge, and would fain exercise. municated to the speaker of the assembly, to wit:

And this being the truth, the plain truth, and nothing but the truth, there is no need to direct the censures of the public; which, on proper information, are always sure to fall in the right place.

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August 5, 1756. ""Tis impossible to conceive how much I am obliged to the gentlemen of Pennsylvania for their ready concurrence in supplying his majesty's ships in North America with such a number of seamen, at their government's expense; and I must entreat you to make my most grateful acknowledgments to your speaker, and the rest of the gentlemen con

cerned in it."

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The parties before them are the two proprietaries of a province and the province itself. And who or what are these proprietaries? in the province, unsizeable subjects and unsufficient lords. At home, gentlemen, 'tis true, but gentlemen so very private, that in the herd of gentry they are hardly to be found; not in court; not in office; not in parliament. 'August 7, 1756. And which is of most consequence to the "I have joined Mr. Holmes, and we are community;-whether their private estate now under sail, with a fair wind, for Louisshall be taxed, or the province shall be saved? burg. Last night a ship luckily arrived with Whether these two private gentlemen, in twenty-nine seamen more from the people of virtue of their absolute proprietaryship, shall your good province; God bless them! I shall convert so many fellow-subjects, born as free ever greatfully remember and acknowledge as themselves, into vassals? or, whether so it. I have the seamen all on board my own noble and useful a province, shall for ever re-ship, except four that are sick at the hospital."

APPENDIX;

CONTAINING

SUNDRY ORIGINAL PAPERS,

RELATIVE TO THE SEVERAL POINTS OF CONTROVERSY BETWEEN THE GOVERNORS AND ASSEMBLIES OF PENNSYLVANIA.

To the Honourable Thomas Penn and Richard Penn proprietaries of the province of Pennsylvania, &c.

The representation of the General Assembly of the said Province, met at Philadelphia, the 23d day of the sixth month, 1751.

they do not conceive themselves under any obligation to contribute to Indian or any other public expenses, even though taxes were laid on the people for the charges of government; but as there is not one shilling levied on the people for that service, there is the less reason for asking any thing of them. Notwithstanding which, they have charged themselves with paying to the interpreter, much more than could be due to him on any treaties for land, and are at this time at the expense of maintaining his son, with a tutor, in the Indian country, to learn their language and customs for the service of the province, as well as of sundry other charges on Indian affairs. That they have been at considerable expense for the service of the province, both in England and here; that they purchase the land from the Indians, and pay them for it; and that they are under no greater obligation to contribute to the public charges than any other chief governor of any of the other colonies."

MAY IT PLEASE THE PROPRIETARIES:-The first settlers of this province unanimously concurred with your worthy father, to lay the foundation of their settlements, in doing justice to the native Indians, by coming among them as friends, upon an equitable purchase only: this soon appeared to be the best and safest way to begin the infant settlement, by the veneration and love it procured from those people, who kindly supplied the wants of many, then destitute of the necessaries of life; and, as the settlements increased, retired to make room for their new guests, still preserving that esteem and veneration which had been so strongly Upon which we beg leave respectfully to repreimpressed upon their minds. By this voluntary sent to our proprietaries, that the preserving a retreat, all were satisfied, for there was room good understanding with the Indians, more parenough for all; and the good faith so carefully ticularly advances the interest and value of the kept with those who were nearest, gave the proprietary estate than that of any other estate in more distant Indian nations that favourable opi- the province, as it gives the proprietaries an opnion of us, which our continuing to act on the portunity of purchasing at a low price, and selling same principles of justice hath supported to this at high rates, great tracts of land on the frontiers, day; they entered freely into our alliance; they which would otherwise be impracticable. That became the guards of our frontiers against the therefore, though they may conceive themselves French, and French Indians, by obliging them to under no obligation by law, they are under the observe a neutrality towards us, as we experienc-much stronger obligations of natural equity and ed during the course of the last war; and we have justice, to contribute to the expense of those Inreason to think we now share largely in their afdian treaties and presents, by which that good unfections. But this beneficial friendship hath nei- derstanding, so beneficial to them, is maintained. ther been procured nor continued without a very That although formal taxes have not been laid in great expense to the people of this province, espe- this province during some years past, for the sup cially for some years past, wherein we find the port of the proprietaries' lieutenant-governor, and assemblies opened their hands liberally to all the defraying the charges of Indian treaties, yet the purposes of peace, among those who could best, interest of our paper-money is a virtual tax on the under God, preserve our distant settlements people, as it arises out of, and is paid by, their laagainst the depredations of an active and power-bour, and our excise is a real tax, yielding about ful enemy; without strictly inquiring at that time, how far the people alone ought to bear the burden of those expenses. But as that burden became yearly more and more heavy, the asemblies were naturally led to request the assistance of the proprietaries, and we hoped an application so apparently reasonable might have their approbation. We are therefore much concerned to receive an answer so different from our expectations, in which the proprietaries are pleased to say, "that

three thousand pounds per annum, which is principally expended in those services, besides the tax of licenses of various kinds, amounting to considerable sums yearly, which have been appropriated wholly to the support of the governor. That the assemblies of this province have always paid the accounts of our Indian interpreter for his public services to his full satisfaction; and we believe future assemblies will not fail to do, in that respect, what may reasonably be expected from them,

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when his son shall be thought qualified to succeed just, by persons wholly disinterested, both with him. Nor do we doubt their discharging all just regard to us and them. debts, for expenses properly chargeable to the province, whether made here or in England, whenever the accounts are exhibited. We are nevertheless thankful to our proprietaries for their care in our affairs, and their endeavours to provide a well qualified successor to our present interpreter, as such a one may be of service to the public, as well as to the private interests of their family.

2. That the representatives of the people are not so disinterested, seems most certain; wherefore, supposing they saw this matter in a light very different from that in which it appears to us, and that they were not actuated by any inclination on the one hand to oppose our interest, or on the other to influence the weaker part of the electors by appearing zealous for theirs (which we would trust and hope is the case) yet we may continue to differ in sentiments from them on the necessity of the desired assistance, without being liable to any imputation of neglecting the interest of the province in the opinion of the world.

We would farther entreat our proprietaries to consider, that their great estate not lying in Britain, is happily exempt from the burdens borne by their fellow-subjects there, and cannot, by any law of ours, now in being, be taxed here. That therefore, as they are not obliged, on account of 3. After we had ordered our governor to give that estate, to bear any part of the charge of any you the answer, which he did, to your former apwar the British nation may be involved in, they plication, we had no reason to expect a repetition may with us more freely contribute to the expense of the application directly to ourselves; as you of preserving peace, especially on the borders of might well suppose, we had considered the mattheir own lands, as the value of those lands so ter before we had returned our first answer, and much depends upon it. the repeating the request could only produce the We beg leave further to observe to our proprie-repeating the answer; the occasion for which taries, that the act forbidding all others to pur- does not appear to us. It is possible, that one chase lands of the natives, establishes a monopoly purpose may be, in order to show, more publicly, solely in their favour; that therefore they ought this difference in opinion between us and yourto bear the whole charge of treaties with the In-selves; and if that was ever intended, it will be dians for land only, as they reap the whole bene-convenient that we should set this matter in a fit. And that their paying for land (bought, as clear light (although it may make our answer we conceive, much the cheaper for the provin- longer than we could wish) that the true state of cial presents accompanying those treaties) which the matter may appear. land they sell again to vast advantage, is not a satisfactory reason why they should not bear a part of the charge of such other treaties, as tend to the common welfare and peace of the province.

4. We did not speak our own sentiments only when we before said, we were under no greater obligation to contribute to the public charges than any chief governor of another colony; that was Upon the whole, since the proprietaries' interests the opinion of the lords of trade, when, upon an are so constantly intermixed, more or less, with application made to the king, by many considerathose of the province, in all treaties with our In-ble inhabitants of the province, that he would be dian allies; and since it appears that the proprie- pleased to give some orders for their defence; the taries think they already pay more than their counsel, employed by the agent of the house of reshare, and the people (who have disbursed near presentatives, insisted, that, if any such preparafive thousand pounds within these four years, on tions were necessary, the proprietaries ought to be those occasions) think they pay abundantly too at the expense of them; but their lordships demuch; we apprehend that the surest way to pre-clared it their opinion, that we were not obliged to vent dissatisfaction on all sides, will be, to fix a certain proportion of the charge of all future provincial treaties with the Indians, to be paid by the proprietaries and province respectively; and this, we hope, they will on further consideration agree to, not only as it is in itself an equitable proposal, but as it may tend to preserve that union and harmony between the proprietaries and people, so evidently advantageous to both.-Signed, by order of the house,

ISAAC NORRIS, Speaker

be at any expense of that nature, more than any other governor-in-chief of the king's colonies.

5. We are sensible that our honoured father, in the first settlement of the province, and at all times after, was strictly careful to do justice to the Indians, and purchased land from them before it was settled; but, we believe, always at his own charge; at least we do not find a single instance of a purchase having been made at the expense of the people. So that what share they had in such purchases, we are at a loss to know, other than the benefits and conveniences which arose from the mutual exchange of friendly offices with the natives.

6. Had the necessary public charges amounted general tax been laid on the people to defray the to more than the revenue of the province, and a same, there might then have been some colour to desire that we should contribute; but as no such tax has, for very many years, been or need to be laid, and the charge of government amounts to little more than the one half of the common and ordinary revenue, the pressing thus unseasonably for our contribution, appears, we conceive, as an attempt to induce the weakest of the people to imagine yourselves to have an uncommon regard to their interests, and to be therefore the most proper persons to be continued as their representatives;

and the matters which might the rather induce us | to mention, in answer to that part of your represo to think, are the solemn repetition of this re-sentation, wherein you, unadvisedly, publish to the quest, and treating as if it was a matter of world, that our estate in America is exempted from great value and consequence; the time of making the burdens borne by our fellow-subjects in Great your last representation, just before an election; Britain; such matter might much more properly and the printing the report, and most extraordina- have been avoided; and at the same time that we ry resolutions, which were the foundation of such show you, that we do pay all other taxes here, that your representation, in your votes, long before on land only excepted, we must advise you to be your address could, by any possibility, come to very careful, not to put people here in mind of that our hands; which are such matters as could not single exemption. Several proposals have been escape our observation, and which would almost made for laying taxes on North America, and it persuade us, that it was intended as an address to is most easy to foresee that the self-same act of the people, rather than to us. parliament that shall lay them on our, will also lay them on your estates, and on those of your con

7. Wherefore, on this occasion, it is necessary that we should inform the people, through your-stituents. selves, their representatives, that as, by the constitution, our consent is necessary to their laws, at the same time that they have an undoubted right to such as are necessary for the defence and real service of the country; so it will tend the better to facilitate the several matters which must be transacted with us, for their representatives to show a regard to us and our interest: for, considering the rank which the crown has been pleased to give us in Pennsylvania, we shall expect from the people's representatives, on all occasions, a treatment suitable thereto; and that, whilst we desire to govern the province according to law only, they should be as careful to support our interests, as we shall always be to support theirs.

10 We cannot allow that you have always paid your interpreter to his satisfaction, because we know we have charged ourselves with gratifications to him, when the assembly has refused to pay him what he thought his services deserved; and we make no doubt he can remember such instances; however, with respect to any expenses of that sort, and many others here, we entered into them without any expectation of being repaid, and should think it far beneath us to send the accounts of them to the house of representatives, as your agent, employed by yourselves, might do for the expenses incurred by him. What we might reasonably expect, is, a thankful acceptance of our endeavours to serve the public; and if you do not think proper to make even that return, we shall, nevertheless, be fully satisfied with the consciousness of having rendered the province all the services in our power.

right to make such purchases; and it is under that same charter, that every settler has a right, through us, to the estate he possesses in the province. The act itself, which you seem to allude to, acknowledges this right to be so granted to us by the charter, and is only declaratory thereof to the people, advertising them of a certain truth, that they are liable according to the laws of Great Britain, to penalties for contravening such right.

8. We are truly concerned, that you lay us under the necessity of acquainting the public with the state of the revenue of the province; you have in part, done it already, by acknowledging the amount of the excise to be three thousand pounds 11. We do not conceive that any act of assema year. The interest of the paper money, as we bly does, or can establish, what you call a monoconceive, is more than that sum, which makes the poly in us for the purchase of lands; we derive common revenue of the province above six thou- no right or property from any such law. It is unsand pounds a year; the annual expense of govern-der the king's royal charter that we have the sole ment for a series of years (including Indian charges) amounts to little more than half that sum; the interest is paid by people who, no doubt, find greater advantage in the use of the money than the interest they pay for it, otherwise they would not be so solicitous to be admitted to borrow as they always have been. That interest money therefore cannot, with any propriety, be called a tax laid on the province, or a burden on the inhabitants. The excise itself is not a general tax, to which all the inhabitants must contri- 12. Your assertion, that treaties for land are bute, as it is paid by such only who buy wine and made at a less expense to us, on account of prospirituous liquors, under certain quantities; so that vincial presents being given at the same time, does many people pay nothing of that tax. Of all this not appear to us to be founded on fact; the last revenue, about four hundred pounds a year has, purchase was made on no other account, but pureon an average, for twenty years past, (and greatly to save the province the expense of making anpart of that time during war) been expended in presents to the Indians, and charges on their account; which we cannot conceive to be a large sum, in proportion to the revenue of the province, for so great and important a service as that of keeping the united nations of Indians in the interest of Great Britain; we believe every disinterested person will think the sum very small, and, from the manner of its being raised, not at all burdensome to the people; besides which, had not half that money been expended on these accounts, it is most certain all the same excise would have been paid.

9. The whole sum paid, in twenty years, for Indian services, is not more than, on a common computation, our family has paid, in the same time, for duties and excises here, for the support of his majesty's government; and which we choose

other present to some Indians who came down after the time that the principal deputation had received the presents intended for the whole, and were on their return back; and the land was bought very dear on that account. Other treaties for land have been made when provincial presents have not been given; and we do not, or ever did, desire, that the inhabitants should bear any part of the expense of Indians who came down solely at our request to consent to the sale of lands, unless they stay on other public business also; and whenever they have come down on both accounts we are sensible the expense has been divided in a manner very favourable to the public.

13. We are far from desiring to avoid contributing to any public expense, which it is reasonable we should bear a part of, although our estate is not, by law, liable to be taxed. As we already