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hardly to be foundinot in court; not in oflice ; not in par~ liament.

And which is of most consequence to the community; whether their private estate shall be taxed, or the province shall be saved?

Whether these two private gentlemen, in virtue‘ of their absolute proprietaryship, shall convert so many-fellow-subjects, born as free as themselves, into vassals? or, whether so noble and useful a‘ province, shall for ever remain 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 ofiices here athome 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. ' ‘ ‘

But one circumstance more, therefore, remains to be added in behalf of this persecuted province, which is the testimonial of commodore Spry,‘ contained in the following extracts from two of his letters to one Mr. Love], a gentleman of Philadelphia, and by him communicated to the speak

er of the assembly, to wit:
‘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 expence; and I must entreat you to make my most grateful acknowlegments to your speaker, and the rest of the gentlemen concerned in it.’ > _ ‘ August 7, ‘1756.

‘ I have joined D’Ir. Holmes, and we are now under sail, with a fair wind, .for Louisburg. Last night a ship luckily arrived with twenty-nine seamen more from the people of your good province ; God bless them ! I vshall ever gratefully remember and acknowledge it. I have .the seamen all on

board my own ship, except four that are sick at the hospital.’

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APPENDIX.

CONTAINING

SUND RY ORIGINAL PAPERS,

Relative to the several points of controversy between the Y

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> The Representation of the'General Assembly of the said Pro

vince, met- at Philadelphia, the twenty-third day of the sixth month, 1751.

May it please the Proprietaries:

HE first settlers of this province unanimously concurred with your

worthy father, to lay the foundation of their settlements, in doing‘ justice to the native lndians, by coming among them as friends, upon an equitable pnrchase only: this soon appeared to be the best and safest way to be, gin the infant settlement, by the veneration and love it procured from those people,_who kindly supplied the wants of many, then destitute of the necessa'ries 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 impressed upon their minds. By-this voluntary retreat, all were satisfied, for there was room enough for all; and the good faith so carefully kept with those who were nearest, gave the more distant Indian nations that favorable opinion of us, which our continuing to act on the same principles of justice hath supported to this day; they entered freely

into our alliance; they became the guards of our frontiers against the French, _

and French Indians, by obliging them to observe a neutrality towards us, as we experienced during the course of ‘the last war; and we have reason to think we now share largely in their affections. But this beneficial friend< ship hath neither been procured nor continued without a very great expence

to the people of this province, especially for some years past, wherein we find the assemblies opened their hands liherallyto all the purposes of peace, among thfie who could best, under God, preserve our distant settlements against the depredations of an active and powerful enemy; without strictly enquiring at that time, how far the people alone ought to bear the burden of those expences. But as that burden became yearly more and more heavy, the assemblies 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 they do not conge‘lve themselves under any obligation to contribute to Indian or any othQr 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 tlian could be due to him on any treaties for land, and are at this timeat the expence 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 expence 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 theyare un' der ‘no greater obligation to contribute to the public charges than any other chief governor of any of the other colonies.’

Upon which we beg leave respectfully to represent to our proprietaries, that the preserving a good understanding with the Indians, more particularly advances- the interest and value of the proprietary estate than that of any other estate in the provincp, as it gives the proprietaries an opportunity of purchasing at a low price, and selling at high rates, great tracts of land on the frontiers, which would otherwise be impracticable. That therefore, though they may conceive themselves under no obligation by law, they are underthe much stronger obligations of natural equity and justice, to contribute to the expence of those Indian treaties and presents, by which that good understanding, so beneficial to them, is maintained. That although formal taxes have not been laid in this province during some 'years past, for the support of the proprietaries lieutenant-governor, and defi'aying the charges of Indian treaties, yet the interest of our paper-money is a virtual tax on the people, ~as it arises out of, and is paid by, their labour, and our excise is a real tax, yielding about three thousand pounds per annum, which is principally expended in those services, besides the tax of licences 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, when his son shall be thought qualified to succeed him. N01

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do we doubt their discharging all just debts, for expences properly charge. able to the province, whether made here or in England, whenever the accounts are exhibited.’ We are nevertheless thankful to our proprietaries for their carein 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.

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 that estate, to bear any part of the charge of any war the-firitish nation may be involved in, they may with us more freely contribute to the expence-of preserving peace, especially on the borders of their own lands, as the va~ lue of those lands so much depends upon it. _ \

We beg leave further to observe‘ to our proprietaries, that the actfor- ‘ bidding all others to purchase lands of the natives, ‘establishes a monopoly solely in their favor; that therefore they ought to bear the whole charge of treaties with the Indians for land only, as they reap the whole benefit. And that their paying for land (bought, as we conceive, much the cheaper for the provincial presents accompanying those treaties) which 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. » "

Upon the whole, since the proprietaries interests are so constantly intermixed, more or less, with those of the province, in all treaties with our In» dian allies; and since it appears that the proprietaries think they already pay more than their share, and the people (who have disbursed near five thousand pounds within these four years, on those occasions) think they pay abundantly too much; we apprehend that the surest way to prevent 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, Smartes

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