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follows, ‘ But as we find, by the governor’s result upon our bill for granting fifty thousand pounds for the king’s use, he cannot think it consistent with the trust reposed in him by the proprietaries to pass that bill, we find by experiencethat 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 he a high breach of the trust reposed in us,;to exclude the proprietaries estate from hearing any part of the burthen, and if not excluded, as the governor asserts, must at last he rejected by him for want of sufficient powers in his commission; and therefore (had we no other objections) we hope the governor will judge it reasonable, after so many repeated refusals of the bills we have offered to him for granting large sums of money for the king’s use, that we now wait the determina

tion of our superiors, what powers he has, or ought to have,

as our governor, under the royal and provincial charters; 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.’

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 satisfactory answer, to his messages relating to a militia,"he should

' call them again immediately.”

T 0 the time of ‘their own adjournment, they had, nevertheless, the grace to be indulged with a recess. And on the third day of 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 ex


pired, and the time of their continuance together consequently short.” ~

The answer they received was verbal, by his honor’s secretary, importing, “that the government of Massachusettsbay had ordered two thousand eight hundred men to be immediately raised, in addition to the one thousand five hundred before raised forthe reduction of" Crown~p0int; and that the governor had the day before received a letter from governor Phipps, desiring, at the instance of the council and assembly there, an immediate supply of provisions to be sent to Albany.” And, as if this was not enough'to ask of them, a supplemental paragraph was grafted upon it as ~follows: “the governor has alsobeen informed, that the government of Connecticut have raised fifteen hundred men, and Rhodes Island one hundred and fifty, in addition to the forces sent by those governments against Crown-point, who will also stand in need ofa supply of provisions; he therefore recommends'these matters to your consideration.”

Two articles, out of governor Shirley’s state of his own conduct, will come in not improperly here; viz. “Upon lVIr. Shirley’s arrival at New Yorkl'fluly 4), he found a full stop put to the preparations for the expedition against Crown point, with respect to the articles of artillery and military stores, which the governments of Massachusetts-bay and New York had agreedito furnish between them, depending, that the colonies of Connecticut, New-Hampshire, and

Rhode-Island, would pay their proportions of the expence;

but that not being done, the government of New York de

" clined parting with the stores, without actual payment or se-~

curity given. , After having removed this obstacle to‘ the ex

‘ pedition’s proceeding, by putting into the hands of thego

vernment 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 expe'nce of transporting the artillery, and ordnancestores, in confidence of being reimbursed by the New England colonies, he embarked for Albany.”

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The reader will make his own remarks; at least he will infer from what passed in the assembly of Pennsylvania before, in relation 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 governor, for governor Phipps’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 forhis 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 suflicient foundation for them to proceed upon; but withal recurring to what he had also offered in his former essage, namely, to communicate to their speaker, or a few of the'house, such parts 70f 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. i

WVhen the assembly had sat nine days, and now remained in a sort of suspence, 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 along message by way of answer’ to the assembly’s paper of August IS); 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

rwilljust serve to keep us a sort of historical connection, 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 expence 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 enterprize 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 0116 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 ademand as five thousand pounds, nor could it have been made by any one, be

cause 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 ustification, 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 do

cuments 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 expence of making the road thirty feet wide, and the principal pinches twenty, will make an expence 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 expence of both roads, the work went on accordingly. In another letterfrom the same commissioners, dated hlay 3d, it is said, “both roads will leave little of one thousand five hundred pounds, foritis 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 diil ficult. Another estimate, dated fifteen days after this, signilied, ‘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 reducedin the manner alleged by the governor.I 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 re- _

quisition, had pronounced itto be extravagant, and had given

it as their opinion, August 8th, 1755, “ that in order to prevent


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