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‘ Before we enter upon the consideration oi the other parts,

of‘ the governor’s message of the 24th instant, we must acknowledge ourselves engaged to return him our hearty thanks for informing us, that, “as he was in a great measure a stranger to our constitution, and, to be so highly entrusted by the proprietaries, it seemed quite necessary he should receive instructions from them.-And notwithstanding he may think it not quite decent, or may believe it unprecedented, for a governor to be called upon fora sight of his instructions, yet he will communicate them to the house whenever the public service shall require it.”-—_In return to this candid

declaration, and the assurance he is pleased to give us, as‘

well as the ready furnishing us with other parts of those instructions', we beg leave to inform the governor, that we not only apprehend it the undoubted right of a British parliament to address the‘crown for such information as they judge absolutely necessary to their deliberations; but also, that the proprietary instructions to our former governors, have been repeatedly laid before the assemblies of this province.’ I

Here certain instances were recited; and the sequel was in these words: ‘ We, therefore, under these considerations, and for that we are of opinion those proprietary instructions, which the governor is pleased to inform. us our proprietaries gave him on their appointing and entrusting him with this governmenflare the principal, if not the sole, obstructions to the passing our bill for granting twenty thousand pounds for the king’s use; and also, for that whatever bills we might prepare for this, or any other urpose, after all the expence to the country, and after al our pains in framing them, would be liable to the same difliculties, unless we could know what those proprietary instructions are. We say, under these considerations, and from the regard our g0vernor is pleased to express for our charter, and our liber' ties, we earnestly request he would now candidly communi' cate those instructions to us, as the time when “the public service requires it,” in the most particular manner; for, as we are now under an absolute necessity of addressing the


crown, in support of our civil and religious liberties, in which we have the pleasure of the governor’s concurrence, and indeed his desire that we should apply to his majesty on this occasion, we must, in justice to ourselves, and in discharge of the duty we owe to those we represent, make those proprietary instructions, and the force and validity of them, the great end of our humble petition to the crown at this time, unless the governor shall be pleased to convince us to the contrary.’

It was not till the fourth day after this message was presented, that the governor rejoined; during which interval the business of the session seems to have been wholly at a stand; and the language he then used was to the following effect: “ That though the house of commons had a right to address the crown for information, and former governors had occasionally laid particular instructions before the assem

‘ blies, he did not think assemblies had a right to havev them

all laid before them upon demand; and was still of opinion, that their application for that purpose was irregular and unprecedented; that it was true he had proprietary instructions as all other governors had had; but that he [who it seems was to be theonly judge] could not think it then for his map jesty’s service, or the interest of the province, to communi

cate them farther‘ than he had already done; especially as .

they claimed it as a right, and seemed industriously to seek fresh matter of dispute about them, when the public service required they should be otherwise employed, when they expressed so great a dislike to them, and when they had avowed a purpose of making the force and validity of them, the great end of their petition to the crown, and all this without so much as knowing, except in what related to a militia, 8tc. what those instructions were; that, having assigned the royal instruction, and the attorney general’s opinion upon it, as his reasons for not agreeing to their bill for striking forty thousand pounds, he should be glad to know upon what in~ {urination they had given it as their opinion, that proprietary

instructions had been the principal if not the sole directors, of his conduct, or had become so intimately acquainted with

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his private sentiments, as to know, that when he said one thing he meant another; that he had been, and still was, de

' sirous, they should apply to the crown for a determination

of the dispute between them; but that as he did not know the civil or religious liberties of the people were invaded by \the instruction which gave rise to it, he could have no intention to consent to an application in support of them a; that an invasion of the civil and religious liberty of a people, was to be reckoned among the worst of crimes, and was then most aggravated when committed by those who were bound both by their oaths and their duty, to preserve . those bless' ings, and protect the people in the enjoyment of them; that his sacred majesty, who had so long and so happily governed his people upon constitutional principles only, disdained a thought of doing or approving any thing that was otherwise; that a British parliament would never esteem a foyal instruction, issued at.their own request, and intended to enforce a good and ‘wholesome law, in the least destructive of ithe‘civil and religious liberties of any part of his majesty’s subjects, whatever they, the representatives of Pennsylvania, might do; that it gave him particular concern, that they should purposely enter‘ into a dispute about that instruction, and choose to publish such sentiments of. his majestyis government, at a time like that, when a French army were fortifying themselves in their country; that he earnestly recommended to them to consider, whether such expressions might 'not have a tendency to alienate the affections of the people from his majesty’s person and government, and thereby greatly obstruct 'the measures be was taking at a vast expence, for the preservation and protection of his subjects on that continent; that he had lately received intelligence that six thousand of the best troops of France were actually are rivedat the, lower fort on the Ohio, and were there employed in fortifying the country; that this ought to convince them, Franceih‘ad formed- some grand design on that continent, and that as they had made their first attack upon Pennsylvania, as the’ most plentiful and most defenceless part of his majesty’s dominions, so in a particular manner, it behovpd

them to exert themselves accordingly; and that he must, therefore, intreat them once more, to wave all disputes till a more favourable season, to consider seriously the dangers-_ their country was exposed to, and not only grant the sup» plies required, but enable him to raise a considerable body of men, to be employed in conjunction with his majesty’s troops, establish a regular militia, provide the necessary stores .of war, &c. that the province, for want of discipline, might no longer be left an easy prey to a much weakerbody of men, than were then encamped within a few days of this


_ city.” _

How grossly uncandid and clumsily crafty this rhapsody‘ was, appears at the first glance ; and its operation could not but be suitable to its contents.

In short, the assembly, upon the second reading of this '

and his former message, observing, that the governor called upon them to shew, upon what information they ‘founded their opinion, that he was restrained by proprietary instructions from passing their bill, had recourse to their former proceedings in relation to the proprietaries bearing aproportiom, able part of the expences incurred on Indian affairs; and the whole having been read and duly considered, uponthe issue made the follqwing order, to wit:l '

‘That the representation from the assembly to the proprietaries in 1751, the proprietaries answer thereto laid before the house in May, 1753, and the report of a committee of as_ sembly at that time on the said answer (neither of which have as yet been made public) be now printed with the minutes of this sitting.’--And_they were printed accordingly—So that the whole province had now for the first time the whole case before their eyes, and could not help being convinced by these emphatical words, in clause fourteen, of the proprietary answer, before pointed out, ‘ especially if we shall be induced, from the state of your trade, to consent to an increase of your paper-currency,’ that proprietary, not royal instructionsfwere indeed the only obstacleto the public service.

But we anticipate-‘41m assembly did not stop here ; but, unanimously came to such resolutions and grafted suchan

address upon them, as,- notwithstanding some few inaccuracies, must ever do as much honour to their understandings as justice to their cause, and the noble principles it was found

I ed upon.

With a reference to the conduct of their predecessors in former assemblies, and, the success of their honest endeavours for continuing to them the invaluable blessings they enjoyed under their charters, derived from the royal clemency and goodness, and the justice and benevolence of their founder,

‘they set out; and declared themselves sufliciently animated

by their examples to pursue faithfully the same path which they had trod before them. ' '

- Having then glanced at the governor’s evasion of his promisc concerning his proprietary instructions, and the papers which had passed between the proprietaries and the assembly, as the ground of their proceedings, they inserted the

' unanimous resolutions they had come to, which were as fol

low, vi'z.

‘That it is the opinion of this house, that the late governor, who was, we presume, as much bound by the additional instruction to C01. Thomas, in 1740, as our present governor is or can be, has clearly admitted in his reasonings with our last assembly, “ that it was an absurdity too glaring, tosuppose that any government would voluntarily tie up the hands of its subjects from serving it by such means as they are able, in cases of ' great emergency ;” and that Col. Thomas, in passing the act for granting five thousand pounds, for the king’s use, ‘in the year 1746, by extending the excise act for ten years, was so far from acting contrary to the instruction he had received from the lords justices in 1740, that the very contrary was evident ;" and that the said instruction was not binding upon him from passing a bill in'cases of great emergency, of the same tenor‘with our bill for granting twenty thousand pounds, for the king’s use, which our governor has now been pleased to refuse his assent to.

‘That it is the opinion of this house, that the governor is undoubtedly bound by proprietary instructions, and that they


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