An historical Review of the Constitution and Government of Pensylvania, from its Origin; so far as regards the several Points of Controversy which have, from Time to Time, arisen between the several Governors of that Province, and their several Assemblies. Founded on authentic Documents.
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.
Griffiths, 1759 .
DEDICATION.
To the right honourable Arthur Onslow, speaker of the honourable House of Commons.
Sir,
The subject of the following sheets is an unhappy one: the controversy between the proprietaries and successive assemblies of Pensylvania: a controversy which has often embarrassed, if not endangered the public service: a controversy which has been long depending, and which still seems to be as far from an issue as ever.
Our blessed saviour reproaches the Pharisees with laying heavy burdens on men's shoulders, which they themselves would not stir with a single finger.
Our proprietaries, sir, have done the same; and, for the sake of the commonwealth, the province has hitherto submitted to the imposition: not indeed, without the most strenuous endeavours to lay the load equally, the fullest manifestations, and the strongest protestations against the violence put upon them.
Having been most injuriously misrepresented and traduced in print, by the known agents and dependents of those gentlemen their fellow subjects, they at last find themselves obliged to set forth an historical state of their case, and to make their appeal to the public upon it.
With the public opinion in their favour, they may with the more confidence lift up their eyes to the wisdom of parliament and the majesty of the crown, from whence alone they can derive an effectual remedy.
To your hands, sir, these papers are most humbly presented, for considerations so obvious, that they scarce need any explanation.
The Roman provinces did not stand more in need of patronage than ours: and such clients as we are would have preferred the integrity of Cato to the fortune of Cæsar.
The cause we bring is in fact the cause of all the provinces in one: it is the cause of every British subject in every part of the British dominions: it is the cause of every man who deserves to be free every where.
The propriety, therefore, of addressing these papers to a gentleman, who, for so many successive parliaments, with so much honour to himself and satisfaction to the public, has been at the head of the commons of Great Britain, cannot be called in question.
You will smile, sir, perhaps, as you read the references of a provincial assembly to the rights and claims of parliament; but we humbly conceive, it will be without the least mixture of resentment; those assemblies having nothing more in view, than barely to establish their privileges on the most rational and solid basis they could find, for the security and service of their constituents.
And you are humbly besought, sir, not to think the worse of this address, because it has been made without your permission or privity.
Nobody asks leave to pay a debt: every Briton is your debtor, sir: and all we have said, or can say, is but a poor composition for what we owe you.
You have conferred as much honour on the chair you fill, as the chair has conferred on you.
Probity and dignity are your characteristics.
May that seat always derive the same lustre from the same qualities!
This at least ought to be our prayer, whether it is or not within our expectations.
For the province of Pensylvania, as well as in my own private capacity, I have the honour to be, with the most profound respect,
Sir,
your most obedient humble servant,
the Editor.
INTRODUCTION.
To obtain an infinite variety of purposes by a few plain principles is the characteristic of nature. As the eye is affected so is the understanding: objects at distance strike it according to their dimensions, or the quantity of light thrown upon them; near, according to their novelty or familiarity as they are in motion or at rest. It is the same with actions. A battle is all motion; a hero all glare: while such images are before us, we can attend to nothing else. Solon and Lycurgus would make no figure in the same scene with the king of Prussia; and we are at present so lost in a military scramble on the continent next us, in which it must be confessed we are deeply interested, that we have scarce time to throw a glance towards America, where we have also much at stake, and where, if any where, our account must be made up at last.
We love to stare more than to reflect, and to be indolently amused at our leisure, than to commit the smallest trespass on our patience by winding a painful tedious maze, which would pay us in nothing but knowledge.
But then as there are some eyes that can find nothing marvellous but what is marvellously great, so there are others equally disposed to marvel at what is marvellously little; and who can derive as much entertainment from this microscope in examining a mite, as Dr. —— in ascertaining the geography of the moon, or measuring the tail of a comet.
Let this serve as an excuse for the author of these sheets, if he needs any, for bestowing them on the transactions of a colony, till of late hardly mentioned in our annals; in point of establishment one of the last upon the British list, and in point of rank one of the most subordinate, as being not only subject, in common with the rest, to the crown, but also to the claims of a proprietary, who thinks he does them honour enough in governing them by deputy; consequently so much further removed from the royal eye, and so much the more exposed to the pressure of self-interested instructions.
Considerable, however, as most of them, for happiness of situation, fertility of soil, product of valuable commodities, number of inhabitants, shipping, amount of exportations, latitude of rights and privileges, and every other requisite for the being and well-being of society, and more considerable than any of them all for the celerity of its growth, unassisted by any human help but the vigour and virtue of its own excellent constitution.
A father and his family, the latter united by interest and affection, the former to be revered for the wisdom of his institutions and the indulgent use of his authority, was the form it was at first presented in. Those who were only ambitious of repose found it here; and as none returned with an evil report of the land, numbers followed: all partook of the leaven they found: the community still wore the same equal face: nobody aspired: nobody was oppressed: industry was sure of profit, knowledge of esteem, and virtue of veneration.
An assuming landlord, strongly disposed to convert free tenants into abject vassals, and to reap what he did not sow, countenanced and abetted by a few desperate and designing dependents, on the one side; and on the other, all who have sense enough to know their rights, and spirit enough to defend them, combined as one man against the said landlord and his encroachment in the form it has since assumed.
And surely a nation born to liberty like this, bound to leave it unimpaired as they received it from their fathers in perpetuity to their heirs, and interested in the conservation of it in every appendix to the British empire, the particulars of such a contest cannot be wholly indifferent.
On the contrary, it is reasonable to think, the first workings of power against liberty, and the natural efforts of unbiassed men to secure themselves against the first approaches of oppression, must have a captivating power over every man of sensibility and discernment amongst us.
Liberty it seems thrives best in the woods. America best cultivates what Germany brought forth. And were it not for certain ugly comparisons, hard to be suppressed, the pleasure arising from such a research would be without alloy.
In the feuds of Florence recorded by Machiavel, we find more to lament and less to praise. Scarce can we believe the first citizens of the ancient republics had such pretensions to consideration, though so highly celebrated in ancient story. As to ourselves, we need no longer have recourse to the late glorious stand of the French parliament to excite our emulation.
It is a known custom among farmers, to change their corn from season to season, for the sake of filling the bushel: and in case the wisdom of the age should condescend to make the like experiment in another shape, from hence we may learn, whither to repair for the proper species.
It is not however to be presumed, that such as have long been accustomed to consider the colonies in general as only so many dependencies on the council board, the board of trade, and the board of customs; or, as a hot-bed for causes, jobs and other pecuniary emoluments, and as formed as effectually by instructions as by laws, can be prevailed on to consider those patriot rustics with any degree of respect.
But how contemptibly soever these gentlemen may talk of the colonies, how cheap soever they may hold their assemblies, or how insignificant the planters and traders who compose them, truth will be truth, and principle, principle, notwithstanding.
Courage, wisdom, integrity, and honour are not to be measured by the place assigned them to act in, but by the trials they undergo and the vouchers they furnish: and if so manifested, need neither robes or titles to set them off.
CONTENTS.
List of governors of Pensylvania, and dates of the several charters, &c. of that province.
Abstract of the charter granted to William Penn.
Certain conditions or concessions of Mr. Penn to the first adventurers in, and settlers of, Pensylvania.
Mr. Penn's first frame of government.
His reservation of quit rents.
His second frame of government.
The province of Pensylvania and the territory of the three lower counties united by his management.
Remonstrance of a subsequent assembly against the said union.
Motives of the planters, assigned by the said assembly, for accepting the second frame of government.
Mr. Penn's return to England, and appointment of commissioners to administer the government.
Disorders which ensued during his absence.
Captain Blackwell's government.
The government assumed into the lands of the crown in 1693, and administered by colonel Fletcher, governor of New York.
He declares the constitution of Mr. Penn's government, and that of their majesties, to be directly opposite to each other.
He menaces the assembly with an annexion of their province to that of New York.
Protestation against passing of bills, amended by the governor and council, without the previous assent of the assembly to those amendments, and of money-bills before grievances have been redressed.
Remonstrance to Mr. Penn concerning this period.
The governor admits the principles of the quakers, not to carry arms, or levy money to make war; and solicits a supply to feed the hungry and clothe the naked (Indians).
The assembly insist on their right to appropriate as well as to raise money.
The government of William Markham, Esq.
A new act of settlement or frame of government.
The government resumed by Mr. Penn.
The province purged from the odium of favouring pirates, and carrying on an illicit trade.
A new model of elections agreed to.
The assembly formed thereon dissolved.
Another assembly called upon another model, to meet at Newcastle instead of Philadelphia.
Aids granted for the proprietary-governor, in exchange for a conformation of property.
An aid of 350l. sterling to the crown on this account.
Mr. Penn's plausible speech to a new assembly.
Three of the requisitions they made to him, with his answers and their replies.
A breach between the province and the territory.
The last charter of privileges, which, under the royal charter, is now the rule of government.
It is unanimously rejected by the freemen of the territory.
Mr. Penn's departure for England.
Andrew Hamilton, Esq. deputy-governor, in vain endeavours to unite the territory with the province.
John Evans, Esq. succeeds Hamilton, and makes the like endeavour, also in vain.
Controversy between him and the assembly concerning the bill to confirm the charter.
Nine several heads of complaint entered in the minutes of the assembly, as the ground of a representation to the proprietary; being the representation several times before cited.
The remainder of that representation.
A copy of it demanded by the governor and refused by the assembly.
The latter make a merit of having forborne to make their representation public.
The governor obtains an assembly to his wish, by undue practices.
Animosities between Lloyd, speaker of the assembly, and Logan, secretary to the governor and council.
The governor censures the proprietary's charter of property.
The draughtman's defence of it.
The governor declares the proprietary's high resentment of the assembly's representation.
The assembly's reply.
The governor refers to the charter of privileges as the only rule of government.
The assembly complains of infractions made in it.
Their representation to the proprietary against the governor.
Logan impeached by the assembly.
An unanimous vote of thanks to the proprietary for recalling Evans.
General view of Gookin's government.
Assembly's character of themselves.
A proprietary-governor a wretched thing.
Artful conduct of governor Keith.
Mr. Penn's death.
The province left in the hands of trustees.
Logan, one of those trustees, obtains a majority in the council against the governor.
Logan makes a voyage to England, and returns with private instructions to Keith, which Keith communicates to the assembly.
The governor and assembly in concert pay no regard to the said instructions.
A controversy in print, between the governor and Logan thereon.
A breach between the governor and speaker.
The province in a state of tranquillity for nine years under his administration.
A pathetic reflection on the melancholy case of governors recalled.
Pensylvania easy to be governed, if well governed.
Private instructions from the proprietary in two several instances declared void.
The proprietary of Pensylvania too inconsiderable here at home to be a patron to the province, and too unsizeably great there.
The proprietaries the sole purchasers of Indian lands:—the people at the sole expence of Indian affairs:—treaties and purchases concomitant.
The quit-rents of Pensylvania, paid to the proprietary, first demanded and granted to defray the charge of government.
Notwithstanding which the people now pay taxes for that purpose, and the proprietaries insist on holding their estates tax-free.
Paper-money first issued in Pensylvania.
Precautions taken to secure it from depreciation.
Mr. Penn's trustees averse to the said issue, till a provision was made, at the expence of the province, to render his heirs gainers by it.
Room left in the constitution of the province for self defence by force of arms, though the use of arms was not consistent with the principles of quakers.
In consequence of complaints to parliament, of the mischiefs arising from excessive issues of paper-money by the eastern governments (that is to say those of New England) a general instruction was sent to all the governors of North America, not to give their assent to any farther bills of that nature, without a suspending clause, till his majesty's pleasure should be known.
The assembly grants money in aid of the expedition against Carthagena.
The governor inlists indented servants upon that occasion; and the assembly apply the money they had given to indemnify the masters.
They give 3,000l. towards the public service, to be applied as his majesty should direct.
Also another sum of 4,000l. to furnish necessaries to the troops in Louisburgh.
And yet another sum of 5,000l. towards the intended expedition against Canada in the year 1746, by an addition of the like sum to their paper currency, and notwithstanding the above instruction, the governor gave his assent to the bill for that purpose.
The proprietaries of Pensylvania oppose the bill brought into parliament for restraining the northern colonies from issuing paper bills of credit, and make a merit of it in the province.
The assembly call upon the proprietaries to contribute to the expence of Indian affairs, which they decline.
The assembly's representation thereon.
A bill for increasing the provincial paper-currency in proportion to the increase of the province, by an addition of 20,000l. thereto.
Rejected by the governor for being unseasonably timed.
And petitioned by the inhabitants.
A message from the governor (Hamilton) preparing the house to expect incursions from the French among the Indians in alliance with them, and requiring assistance on their behalf.
The answer of the proprietaries to the representation of the assembly concerning the expence of Indian affairs.
The assembly's message sent to the governor, together with the currency-bill he had before rejected.
Another message to him concerning Indian affairs, and notifying a present of condolence to the Twigtwee tribe.
Governor's message, importing his assent to the currency-bill, with a suspending clause.
Resolution of the assembly not to accept this clause, with their reasons.
A note of regret, that some temperament had not been found out at home, to prevent the controversy, which was now on the point of breaking out.
Remonstrance of the assembly against the said clause.
The governor's message of adherence thereto.
The assembly's reply.
Their reply to the proprietary's answer to the representation on Indian expences.
Unanimous resolution of the assembly concerning the necessity of a remission of their paper-currency.
Lord Holdernesse's letter and other papers laid before them, together with a written message from the governor thereon.
The assembly's answer, accompanied with their currency-bill.
The governor rejects it; but offers to pass a bill for striking a farther sum on a proper fund for sinking the same in a few years.
The assembly prudently avail themselves of the cautions in lord Holdernesse's letter concerning undoubted limits, to decline taking any part in the broil, till the government of Virginia, as first concerned, should set the first example.
The governor revives the old controversy concerning the paper-money instruction.
Declares in another paper he had undoubted assurance, that part of his majesty's dominions within his government was at that time invaded, and demands supplies to arm the province, &c.
The assembly demur, and desire a short adjournment.
The governor not only persists in his former declaration, but maintains, that the case was the same, whether the invasion of the enemy was made in Virginia or Pensylvania.
The assembly adjourn to May 6, and are assembled by the governor April 2, in order to lay before them papers from governor Dinwiddie; and demand a supply.
Debates in the assembly on the quantum, and a new adjournment.
Another session, and a message from the governor, accompanied with intelligence, that the French were before the fort built by the Virginians on the Ohio; with dispatches and a proposition from the governors of Boston and New York, for an union of the colonies, &c.
A joint bill for granting an aid of 10,000l. to the king, and 20,000l. for replacing torn and ragged bills, offered.
Amendments proposed by the governor.
Unanimously rejected by the assembly, and for what reasons.
The governor's reply.
A reflection thereon.
Resolutions of the assembly.
And message to the governor before their adjournment.
They are re-convened by special summons on the occasion of Washington's defeat, and required to form chearful and vigorous resolutions for dislodging the enemy, in concurrence with Virginia.
The proceedings of the commissioners at Albany laid before them.
They prepare and present a bill for striking 35,000l. in bills of credit, and the rest for replacing defective bills.
Which the governor evades for want of sufficient powers to pass it.
Governor Morris's arrival at Philadelphia, and first speech to a new assembly.
The assembly's answer and adjournment.
Being assembled again, a letter from Sir Thomas Robinson, secretary of state, is laid before them; and the governor in his speech requires them to raise and keep up a considerable body of troops.
They present a bill for raising 40,000l. on the former plan; half of this sum for the public service; with a message, expressing their concern at a paragraph in the secretary of state's letter, by which it appeared their conduct had not been fairly represented at home.
The old instruction, and an opinion of the attorney-general's, pleaded by the governor in bar of his assent, unless the money was raised in a five-years fund.
A letter from Sir Thomas Robinson to the governor of Pensylvania, dispatched at the same time with others of similar tendency to the other governors of the northern colonies.
Which the governor, in his comment upon it, endeavours to narrow the application of, to Pensylvania only.
A message from the assembly, fully demonstrating, that Pensylvania was not comprehended in the instruction insisted upon; and that in case it was, the present emergency was one of those, which, according to the very letter of that instruction, might be provided for notwithstanding: also desiring a sight of the instructions he himself had received from his principals.
A second message, in which they call upon the governor to give his assent to the bill, as what would answer all the purposes recommended to them in Sir Thomas Robinson's letter.
The governor's reply, declining the bill as before; because the supply might be otherwise raised, and evading the communication of his instructions.
The assembly's rejoinder, justifying the requisition they made of his instructions; and intimating, that an appeal to the crown was the only method left them of being continued in the use and benefit of their birthright, and charter liberties.
The governor questions their right to have these instructions laid before them, and endeavours to put them beside their point, by magnifying the preparations of the French, &c.
The assembly order the papers which had passed between the proprietaries and them to be printed, which till then they had avoided.
Their unanimous resolutions concerning the proprietary instructions, in which they declare it as their opinion, that the said instructions were the principal if not the sole obstruction to their bill: also the most essential points contained in their reply to the governor's charges against them.
A brief of the governor's sur-rejoinder.
Some general remarks.
The assembly make their appeal to the crown, inform the governor thereof, signify their inclination to adjourn till May, and give his instructions the coup de grace.
The governor's expostulatory message thereon.
He demands a copy of their minutes; they order him one when the printed copies were finished, and adjourn.
Upon Braddock's arrival in Virginia, they are re-assembled by special summons: the demands made by message on that occasion.
The governor reprimands them for having published Sir Thomas Robinson's letter in their minutes, and for not delivering him a copy of those minutes so soon as he had required them.
The assembly's answer thereto.
Orders and counter-orders to the printer of these minutes.
Two messages from the governor; one communicating a design of general Shirley to build a fort within the limits of his majesty's territories near Crown Point, to which the assembly is required to contribute; and the other, notifying first the arrival of Braddock's forces, and then the expectations entertained at home, that the colonies would raise an additional number of forces, furnish provisions, &c. all terminated with a kind of menace of the resentment of his majesty and the parliament, in case of a disappointment.
Twenty five thousand pounds granted to the king's use, to be raised by an emission of paper-bills to the same amount, and to be sunk by an extension of the excise for ten years.
Refused by the governor, on the old pretence of a contrary instruction.
A provision demanded for the expence of an Indian treaty.
A memorial to the assembly from Mr. Quincy, a commissioner from the government of Massachusett's Bay, expressing both his concern, that the governor could not be induced to pass the said money-bill, and his acknowledgments of the chearfulness shown by them in granting 10,000l. for victualling the forces to be employed in New England; being part of the money so granted; and urging them to find out some other means of rendering their purpose effectual.
The assembly resolve to raise the said sum on the credit of the province.
Another paper of acknowledgment from the said Mr. Quincy.
The governor refuses to return the said bill to the assembly; informs them the French had fitted out fifteen sail of the line, with six thousand land forces, and calls upon them to put the province into a state of defence, as the enemy could not be ignorant how plentiful and defenceless it was; yet advises a short adjournment.
They meet again, and a squabble arising between them about a bill merely provincial, he revives the former controversy.
The assembly's spirited answer to this captious message.
A remark thereon.
They are re-assembled.
A hardy assertion, concerning the paper-money act passed by governor Thomas, refuted by a fact.
An acknowledgment from the officers of the regular forces of certain presents made to them by the assembly.
The governor's message to the assembly, said to be founded on a representation of general Braddock's, requiring them to enable him to furnish the said general with provisions under proper convoys, &c. &c.
The assembly desire to have the general's letter laid before them, which the governor declines, and thereby occasions a new controversy.
The assembly send up two other bills; one of 10,000l. for exchanging old bills, and one of 15,000l. for the king's use, on the model of that formerly passed by governor Thomas, and confirmed at home by the royal authority, since the instruction so often cited had been sent to the said governor.
Such amendments offered to it by the governor, as he could not but be pre-convinced would not be allowed.
The assembly adjourn till September; but are again convoked in July, on occasion of Braddock's defeat.
The governor's speech.
The assembly vote an aid of 50,000l. by a tax on all real and personal estates.
The governor makes a pompous offer in the proprietary's name, of certain lands west of Allegheny mountains, to such adventurers as would fight for them, and calls upon the assembly to afford some assistance to such as should accept the same.
A remonstrance which certain inhabitants of certain places were induced to present to the assembly.
The address of the assembly to the governor.
Their 50,000l. money-bill returned, with an amendment, by which the WHOLE proprietary estate was to be exempted from tax.
The message of the assembly to the governor on that occasion, desiring his reasons for that exemption.
The governor's reply, containing four curious reasons.
The assembly's rejoinder, refuting those reasons.
Other papers which passed between them at the same crisis.
The residue of Braddock's troops being recalled from the frontiers, notwithstanding an application of the assembly to the governor requesting their continuance, he calls upon the house to provide for the security of the Back-inhabitants.
A remark thereon.
The governor alarms and embarrasses them with petitions from certain persons requiring to be armed; intelligence of Indians actually set out, to fall upon their frontiers; recommendations to provide by law against exporting provisions to the enemy, as a requisite to facilitate the reduction of Louisburgh; and demands of all manner of things for the assistance of colonel Dunbar, who, by orders from general Shirley, was again to proceed towards Fort Duquesne.
A proposal from certain gentlemen of Philadelphia to subscribe 500l. in lieu of the proprietary proportion of the tax in question, and upon a presumption that the proprietaries would honourably reimburse them.
The assembly send up their bill to the governor again, together with the said proposal, as containing by implication an acknowledgment that the tax was founded in equity, and also a farther security to the governor, in case he should give his assent to the bill.
Their message to the governor, correcting his manner of stating the Louisburgh point, and observing, that all required of them from New England was to prolong the excellent laws they had already made.
Some seasonable remarks.
The governor's verbal answer to the assembly's message concerning the money-bill, adhering to his amendment.
He contends for a militia.
The assembly order 1,000l. if so much remain in their treasury, to arm the Back-inhabitants.
They signify their purpose to adjourn, and refer the affair of a militia-bill to a new assembly.
Their proceedings at the next meeting: the governor demands an additional supply of provision to be sent to Albany, at the requisition of governor Phipps, for the use of the forces of Massachusett's Bay: and another supply for the provisional troops of Connecticut and Rhode Island, which he was informed were raised in addition to those already employed in the reduction of Crown-Point.
The assembly apply for a sight of Phipps's letter, which is refused.
The old controversy renewed.
A new one concerning the roads opened at the expence of the province for the convenience of the king's forces, which is carried on with much acrimony on both sides.
As a last effort for the public service the assembly authorize by vote a loan, or voluntary subscription, of 10,000l. to be raised in a fortnight, and refer the lenders to the next assembly for payment.
An apology for the length of this treatise; and a brief state of the province at this period.
The new assembly, after a session of four days, suffered to adjourn themselves without proceeding to business, for want of having the intelligence then in the governor's hands in due form imparted to them.
Being re-convoked, the governor informs them, that a party of French and Indians had passed the mountains, and were encamped within eight miles of the capital, and, after a liberal intermixture of upbraidings and self-sufficiencies, demands a supply; premising, that it might be raised by an emission of any sum in paper, provided funds were found for sinking it in five years, &c.
A reference to the only act of parliament extant, and that an ineffectual one, to prevent the oppressions practised by provincial governors.
Politics of various kinds, and from various quarters, presented to the assembly.
The assembly reduce and rectify the matter of alarm communicated by the governor; and advise such measures as might reclaim the Indians, &c.
A new message concerning the depredations of the Indians.
Sixty thousand pounds granted, to be struck in bills of credit, which were to be sunk by a tax of six-pence in the pound; and a poll-tax of ten shillings a head, yearly, for four years; which the governor refuses, and talks of setting off for the back counties.
A new message, reporting, that the Susquehanna Indians had offered their service to the province, provided it was accepted without delay.
Two messages from the assembly to the governor; the first concerning peace with the Indians, and the money bill; the other an answer to his concerning the Susquehanna Indians.
They send up a bill for regulating the Indian trade.
The famous Kentish petition to the house of commons, in 1701, outdone by the mayor of Philadelphia, and one hundred and thirty three other inconsiderates, in a demand on their assembly to constitute a militia forthwith.
A petition of certain of the people called Quakers, for peaceable measures.
Progress of the controversy concerning the bill, which the governor offers to pass with a suspending clause.
Resolutions of the assembly hereupon.
Message from the governor concerning another Indian massacre, and demanding an immediate supply, &c.
Another from the assembly to him, justifying their bill both in matter and manner.
They send him up a militia bill.
The governor's invective against their whole conduct.
He passes the militia bill, under the specific declaration that it was an improper one.
He communicates to the assembly a discussion of Indian affairs, as prepared by his council; calls upon them to provide for a swarm of French banished out of Nova Scotia; and signifies, that the proprietaries had sent an order upon their receiver-general, for 5000l. as a free gift to the public.
Another remonstrance from the mayor of Philadelphia and his posse.
The assembly's reply to the governor's invective, which for the present they declined making use of.
The answer they did make use of.
Parley between the speaker and twenty-nine petitioners, or rather prescribers to the assembly.
Unanimous resolutions concerning the right of granting supplies to the crown; and a new money bill, out of which the proprietary estate was excepted, in consideration of the late grant of 5000l.
The assembly's message to the governor, explaining the use and pressing the dispatch of the Indian trade bill.
The governor's evasive answer.
His message desiring the advice of the house.
The assembly's answer.
Their message relative to the complaint of the Shawanese Indians.
Their resolution concerning the Indian trade bill; also concerning irregular and improper petitions.
They adjourn; and two months after re-assemble by special summons.
The governor's message on that occasion.
The message of the assembly in regard to the inlisting purchased servants.
General Shirley's letter of acknowledgment for a voluntary present of clothing sent by the province to his troops.
The assembly remind the governor of the Indian trade bill.
He returns it with amendments; as also their bill for extending the excise.
They adhere to their bills and assign their reasons.
The governor goes to Newcastle and the assembly adjourn.
Sir William Johnson's treaty with the six nations laid before them at their next meeting.
The governor appearing strongly inclined to involve the province in a war with the Delawares and Shawanese, some of the people called Quakers petition for specific measures.
The governor on the other hand alarms the house with an account of a number of people coming in a body to make demands upon them.
Their unanimity on that occasion.
The governor takes advantage of this incident to declare war against the said two Indian nations.
He also demands farther supplies, and intimates, that certain Indians, long subsisted by the province, were retiring in discontent, &c.
The assembly's answer.
The return made by the governor.
The resolutions of the assembly concerning a plan of military operations communicated to them by the governor.
They adjourn and are re-assembled.
The governor's message to them from a place called Harris's Ferry.
A petition of the association companies in Philadelphia, concerning the insufficiency of the militia law.
The reply of the assembly to the governor's message, accompanied with a bill for prohibiting provisions.
Another session, and two other messages from the governor, who was still posted at Harris's Ferry.
A money bill ordered, but postponed on the receipt of intelligence from Sir Charles Hardy and Sir William Johnson, that the Delawares and Shawanese were disposed to renew their alliance.
The governor proclaims a suspension of arms.
The assemblies' message to him, in which they again press him to pass the Indian trade bill; he promises to reconsider it; and a second time calls upon them to make some (additional) provision for his support.
Six members desire leave upon the adjournment to quit their seats, and at the next session present a written paper to the house as a testimonial thereof.
The resignation accepted and new writs issued.
The governor's message notifying the appointment of Lord Loudoun to be commander in chief in America; as also the act of parliament for raising a regiment of foreigners; recommending particularly, that the masters of such indented servants as should engage in the service might be indemnified; and that, as by the expiration of an act passed in the Lower Counties, the Pensylvanian act, lately passed, would expire also, they would prepare a proper bill for continuing the embargo, &c.
The assembly's reply; in which they show, the governor had invalidated the acts of all the other colonies by the law he had passed in the Lower Counties.
Their message concerning the excise and Indian trade bills; and his answer, that he would not recede from his amendments because of his proprietary instruction.
The instruction itself.
A remark; and the resolution of the house on the said instruction.
An act for emitting 4000l. in bills of credit, on behalf of the proprietaries, to supply so far the public occasions, till their receiver-general should be enabled by his receipts to make good their order.
An act, for striking and issuing the sum of 40,000l. for the king's use, sent up to the governor.
His message concerning an attack to be apprehended from the Indians about harvest time.
The assembly's answer.
A bill to permit the exportation of provisions for the king's service, notwithstanding the act of prohibition.
The governor's evasive conduct in relation thereto.
The assembly apprise him, July 5, of their intention to adjourn till August 2; and are told that he has no objection.
Notwithstanding which, he re-assembles them a fortnight afterwards, in the midst of their harvest, under the pretence of continuing the prohibition act.
Petition of the merchants in relation to the embargo.
The assembly's answer to the governor's message.
Another message to him concerning the preamble to the 4000l. bill on behalf of the proprietaries.
The governor's answer.
He sends down another preamble, which is not relished; refuses to pass the excise bill, and expunges the clause in the 40,000l. bill for taxing the proprietary estate.
His message concerning Indian affairs, and the expence of conducting them.
The assembly's answer.
The governor's reply.
A parting compliment from general Shirley to the province.
A new session, and the governor's message thereon.
The assembly's answer.
Governor Morris is superseded by governor Denny.
The governor complimented on his arrival.
The first speech a continuation of the old system.
The business of the assembly at a stand for a few days.
Their address; and message, requesting copies of his proprietary instructions.
Certain of the said instructions communicated.
A short comment upon them.
A message to the governor.
The governor's answer.
A bill prepared for striking the sum of 60,000l. for the king's use, to be sunk by an excise.
A conference on the said bill.
The assembly's answer to the governor's objections.
The governor's answer, signifying, that he would not give his assent to it.
Resolutions of the assembly after a protest against the instructions, and a salvo for their own rights, to prepare a new bill.
A new bill prepared and passed.
A brief apology for the conduct of the assembly on this occasion.
A remonstrance voted.
Conclusion; with a testimonial of commodore Sprag in behalf of the assembly.
An Appendix, containing sundry original papers relative to the several points in controversy between the governors and assemblies of Pensylvania, viz.
1. The representation of the assembly to the proprietaries, requesting them to bear a proportionable part of Indian expences.
2. The proprietaries' answer; and assembly's remarks thereon.
3. A message from governor Morris, containing his additional arguments to show the unreasonableness of taxing the proprietary estate for its defence, and in support of the restrictions he was under in that respect.
4. The assembly's answer thereto.
5. The governor's reply.
6. The assembly's rejoinder.
[Note. In the above four messages great part of the points in dispute between the proprietaries and people of the province are fully litigated; and the perusal of them is necessary to those who would have a thorough knowledge of the controversy.]
7. The speaker of the Pensylvanian assembly's paper of authorities relating to the rights of the commons over money-bills, and in support of the 50,000l. bills passed by the assembly, so far as it relates to the taxing the proprietary estate within that province.
8. Report of a committee of assembly on the proprietary instructions relative to money-bills; clearly demonstrating, that though the proprietaries would at length appear to be willing to have their estates taxed in common with other estates, yet that were laws passed pursuant to these instructions, much the greatest part of their estate would be exempted, and that the sums necessary to be granted for his majesty's service in that province could not possibly be raised thereby, &c. &c. A paper of importance.
9. Mr. Thomas Penn's estimate of the value of the proprietary estate in Pensylvania, upwards of twenty years ago; with remarks thereon, showing its prodigious increase since that time, the profits arising to the House of Penn from their Indian purchases, and the huckstering manner in which they dispose of lands to the king's subjects in that province.
10. A specimen of the anonymous abuses continually published against the inhabitants of Pensylvania, by the proprietaries and their agents, with Mr. W. Franklin's refutation thereof.
11. Some remarks on the conduct of the last and present governor, with regard to their employing the provincial forces as regulars, rather than as rangers; and showing the secret reason why that province is at present without a militia-law, notwithstanding the several bills which have been lately passed by the assembly for that purpose.
12. An account of sundry sums of money paid by the province for his majesty's service, since the commencement of the present troubles in America.
13. An extract from an original letter of Mr. Logan, containing, among other things, his opinion of the proprietary right to the government of the three Delaware counties; and which serves to account for the particular favour shown that government from time to time.
