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\ themselves; nevertheless, if the governor should apprehend himself bound by such proprietary instructions, they may prove ruinous to the province, and of dangerous consequence to the British interests in America.

‘That the house do adhere to the bill for continuing the act for laying an excise on wine, rum, brandy, and other spirits, as it now stands, without admitting the governor’s proposed amendments thereto.’

It now also became apparent to the province, that even the boasted free-gift of the proprietaries of five thousand pounds, was not to be obtained but as it could be collected out of the arrears of their quit-rents; and that it being impracticable to collect such a sum fast enough to answer the public demands, the deficiency could no otherwise be made good than by act of assembly for striking the sum of four thousand pounds, remaining due on the proprietary-order, in bills of credit, to be sunk out of the growing payments as [they should come in. ~ This, in short, was the favor applied for on their behalf by their receiver-general, who declared, at the same time, that he had consulted the governoron this head, who had expressed his readiness to concur with the house in a reasonable bill for that purpose; not directly to the assembly, however, was thisfavor applied for; nor as a favor to the proprietaries; that would have been beneath the proprietary'dignity; but by the interposition of the com missioners of 'the sixty thousand pounds act, The assembly nevertheless gave Way to the expedient; the receiver-gene! ral had .leave to bring in a bill for the purpose ;and the same, with a different preamble, was passed and sent up to the go.vernor- The difi‘erence is this, In the first, the reason assigned for the bill was to this effect; “whereas the proprietaries have been pleased to make a free-‘gift of the sum of five thousand pounds towards the public charge, 81c. whereof their receiver-general had as yet been able to pay but one thousand pounds to the end, therefore, that the good intentions of the proprietaries in the said gift may be fully answered, and the public may receive the immediate benefit thereof, Be it enacted, &c'.--In the second, care was taken to


specify, that the said sum was to be applied towards the public charge, and was given in consideration of their [the proprietaries] being exempted from the payment of their taxes towards raising the sum of sixty‘ thousand pounds.

On the same day that the bill was thus sent‘ ilp, namely, the seventh after their meeting, they also sent up'a money-bill, for granting the sum of forty thousand pounds for the king’s use, and for striking the said sum in bills of credit, and to provide a fund for sinking the same; and, upon the receipt of the said bill, the governor was pleased to say, “That he would give it all the dispatch in his power, but that he could not say when the house might expect to know his result thereupon, as he was that day going to Newcastle, in order to meet the assembly of the three lower counties.” _

Notwithstanding which, the two members to whom he thus expressed himself, were no sooner withdrawn, than he sent after them another message to the house, signifying, “That by intelligence he had received from two Indians, two days before, the western Indians were forming themselves into a body in order to attack the province about the time of harvest, Stc.” adding, ‘If upon consideration of this matter, any other measures are necessary for the'public safety, you will enable me to take them.’

Thus, harlequin like, he could play contrary parts in the same interlude. If a supply was not given without delay, the troops were to be disbanded, the forts destroyed, and the frontier consequently laid open; and yet, with a supply in his hand, he could deliberately go upon another service; at

the same time he could also communicate intelligence of ad?

ditional dangers: \and yet with the same supply in his hand, he could insinuate want of ability to withstaudthem.

The assembly, in fact, told him in reply to this message, that in case he passed their bill, he would find himself sufficiently enabled to take every measure that might be necessary. ' i What is farther remarkable, a merchant ‘of Philadelphia, who had supplied the garrisons in Newfoundland with provisions for six years, and who had now a vessel in the port


time that; it is‘ in the provinces of New York and Jersey;

vand as the acts of assembly passed for the prohibition of pro-‘

visions and warlike stores- will expire with to-morrow, I hope you will immediately enter upon this matter, and give it all the dispatch the nature of the thing requires. The secretary will lay before you a copy ‘of the act of the lower counties, and you will, by proper clauses in the law you may think it necessary on this occasion to propose, leave me at liberty to

' send supplies to such of the king’s ‘ships and forces as may

be employed in any part of America, and toput the trade of this place, while the embargo lasts, upon the same footing it is in the other bread colonies.’

And the very next day the merchants, owners, and masters of vessels then lying in the port, presented a petition to the house, “ setting forthfthe damages ‘and losses they had already sustained‘ for want‘ of being allowed proper clearances; as also the disadvantages, discouragements, and losses which the whole province would" specially and unavoidably be liable to, in case the embargo was to be continued for alonger time,lthan by ‘the latev law was provided; recommending bonds with sufficient penalties, to b'g discharged only by the certificates of the British consuls resl-iding at such foreign ports, as theseveral vessels and cargoes were entered for, and consigned to, as the only proper expedient to answer the ends proposed by such laws, without destroying their trade, on which the well being of the province depended; and requesting such relief and assistance ‘in the pre

I mises as they, in'their wisdom, should judge most expedient;

as no wise doubting their ready and hearty disposition towards the general good and service of their countrv.” F ruitlessly dismissed, and impertinently reconvened, as the

assembly had been, within so short a time, a warm expostu- I

lation was the least that could be ' expected upon it; and yet the warmth they shewed was by no means equal to the pro

15 Boston having little of provision to export besides fish, which was ex~

. cepted by their'act; New York having a tolerable market, ‘because the

forces took off a great part of their product; and Virginia and Maryland having had their ports open :dl this time,



vocation they received; but on the contrary, was at once so moderated and justified, that their worst enemies could not derive- the least pretence of reproach from it.

Facts were in their favor; and a mere recapitulation of them was all that was necessary to shew how unworthily they

were treated; which will account for the insertion of their

answer to‘the governor in this placeeat large.
‘ May it please the Governor, ' 3

‘On the 4th of May, 1766, the legislature of New York passed an act to revive an act, more effectually to restrain the exportation of provisions and warlike stores, from that colony, to be in force for twenty-one days; and after that time, to such time as the legislature of New Jersey, and Pennsylvania, should pass acts for like purposes; provided those acts did not exceed three months from the passing of that act, which was from the 4th of May to' the 4th of Au,—

gust next ensuing.’ ‘ Sir Charles Hardy having recommended to our governor,

, that he. should lay before the assembly of this province, the necessity of enacting a law of the same tenor within this go—

vernment; and the house being convinced that such an act would be totally useless, unless the three lower counties of Newcastle, Kent, and Sussex, (not subject to our laws) were included, passed an act on the 13th of May, of the same tea nor. and nearly in the same words, with the. act of New York, to be in force till the 7th of June, and from theme for so long time as the legislatures of the colony of N ew Jersey, and the counties of Newcastle, Kent, and Sussex, upon Delaware, should respectively pass laws for the like purposes ; provided they exceed not the time limited by the law of New

York government.

‘ On the 29th of May, the legislature of New Jersey passed an act, to be in force from the first day of June to the first" of August, and from thence for so long time as the'legislatures of the colonies of New York and Pennsylvania should respectively pass laws for the like purposes, provided they did not exceed three months from'the said first day of Au-.



had long told each other before, namely, “that their treasury was exhausted; that the troops wanted their pay; thata supply was necessary,” 8m. The taking and ‘burning of an outfort on the Juniata, called fort Granville, made a good terrifying ingredient in it; the rest was the stuff that he had talked over and over, till the ear was weary of hearing it; except that major Rutherford, the comm&ding oilicer in that province, of the new American regiment then raising, wanted barracks for one thousand men ; and that his recruits being chiefly indentured servants, it would be necessary for the house to make provision for the payment of their masters, for the residue of the time each had to‘serve, in conformity to his majesty’s instructions.” . The next day the heusesent'up‘fheirfireply which was as follows: ‘ Ilfay it please the Governor, , ‘ The house have repeatedly offered the governor bills for ‘granting considerable sums to the king’s use, to which he has refused his assent, being restrained by the proprietaries, as_ he says, fromvpassing an'y bills in which their estate is to be taxed towards‘ its defence. We know of no equitable way of raising such large sums as are now necessary, but by a general tax on all ‘estates, real and personal. We have voted another sum of _forty thousand pounds, to be raised in that manner, and are preparinganew' bill to lay before the governor for that purpose. But as we are, and must be still, of opinion, that, the proprietary estates ought to be taxed in common With'thOSe of their fellow subjects in all the rest of the king’s dominions, for their common defence, we cannot omit a clause of that kind in our bill, without injustice to the king’s other subjects, ourselves, our constituents, and posterity; and we believe, that an equal number of men, of any sect, nation, name, or party, among us; will never be ‘chosen to represent the province,who would be of a different sentiment in this particular. ‘In‘ the mean time, we earnestly request the governor would use his influence with the proprietaries’ receiver gene’ ncra'l, to induce him' ‘to pay the remaining sum of near three

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