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trade they were not to be over-reached nor imposed upon ': in their persons they were not to be insulted or abused; and, in case of any complaint on either side, the subjectmatter was to be heard by the magistrates in concert with the Indian chief, and decided by a mixed jury of Indians and planters.
The’ same regard to conscience which led them into this wilderness adhered to them afterwards; and having thus resolved and provided, never to be aggressors, and not being sovereigns, they left the rest to Providence. ' f v
Governed by principle in all things, and believing the use of arms to be unlawful, the case of defence by arms ‘could’ not come within their plan. ' ‘
But then as their community was ‘left open to Christians of all persuasions, and the conditions of union could be ab-. horrent to none, they might well presume on being joined by numbers, which has since happened accordingly, ‘who, being devoid of such scruples, might be easily induced,‘ for proper considerations, to take that difiiculty out of their hands: and, as to military service, under 'all English tenures whatsoever, no 'man could be compelled to serve in person, who made it his choice to serve by proxy. I
Add to all this; that William Penn himself does not appear to have been under the dominion of these scruples ;. he having taken care in his charter from the crown (sect. 10.) to be invested with all the powers ever bestowed on a capmin-general (which were also to descend to his heirs and assigns) ‘ to levy, muster, and train all sorts of men, of what condition soever, or wheresoever born, and to make war to pursue such enemies as should make incursions into the province, as well by sea as land, even without the limits of the said province, and, by God’s assistance, to vanquish and take them,’ Ysrc.
And, lastly, if ever involvedin the quarrels of the mother; country, and obliged to take their share of the common duty and the common danger, they might reasonably hope for all the protection from thence they might stand in need of, 'ori
the condition of contributing all that was in their power, consistent with their principles, towards it. . .
This they have occasionally done from colonel Fletcher’s time downwards, and they would have done more, if the proprietary calls and those of their deputies had not put it outtof their power.
Allowing, therefore, that this unresisting principle would have been a solecism in the construction of independent state, was not, Provincially speaking, destitute of proper palliatives. A - ‘
At least, scruple of conscience is at all times, and in all cases,less blameable than the wanton experiments tried upon the province even by the proprietary’s own agents: first to scatter terrors among the peaceable inhabitants, and then to plead the necessity of a military force from the effects of their own wicked devices.
Of this nature was the false alarm raised in the queen’s time by’Evans and Logan: a fact which stands charged against them, in the records of the assembly, at this very day; and which, as often as recollected, will ever suggest a fear, that a measure, so unwarrantably contended for, would, if obtained, be as unwarrantably made use of. >
We have now such a summary of the state of Pennsylvania, from its origin, before us, as may render every branch of the controversy still depending, familiar to us: and, as facts are best seen and understood in order of time as they occurred, we shall do our best to follow the thread as it lies.
In April, 1740, when the paper currency of the province had been just encreased, as above specified, to eighty thou: sand pounds, and established for sixteen years, the merchants trading to the eastern colonies of America, took occasion to complain to the house of commons, of the inconveniences and discouragements brought on the commerce of Great Britain in those parts, by the excessive quantities of paper money there issued, and the depreciated condition thereof, for want of proper funds to support its credit. The house, by way of palliative, addressed vthe throne to put a temporary
stop to the evil, by instructing the several governors, not to give their assent to any farther laws of that nature, without an express proviso, that they should not take effect, till his majesty’s approbation had been first obtained.
Such instructions were accordingly sent; and those to the governor of Pennsylvania were dated August 21, 1740. Notwithstanding all which, the lords of trade and plantations (having already in their hands a full and clear account of the currency, as established by the eighty thousand pounds act, as also of the rates of gold and silver, from the year 1700 to the year 1739; and having been moreover convinced, by the merchants trading to that province, that such a sum was not only reasonable but necessary for carrying on the commerce of the country) thought fit to recommend the said act, to the royal acceptance and ratification; and ten days afterwards the lords justices passed it into a law.
Here the affair slept for several years, except that the assembly, in conformity to an order, which accompanied the instructions just mentioned, caused a second state of their currency to be transmitted the following year to the lords of trade: and before it was again resumed in parliament, the several incidents, next to be recited, took place.
When the attempt upon Carthagena was under consideration, the northern colonies were called upon to furnish soldiers for that service, and Pennsylvania among the rest. The assembly was at that time composed, as it had hitherto generally been; consequently this demand could not but be productive of scruples and difficulties in point of conscience: that, however, they might discharge all obligations at once, they voted four thousand pounds for the king’s use, and the governor took upon himself to raise the soldiers.
This was a duty of oflice; and, if he had discharged it properly, what would have given universal satisfaction. The labour of the plantations is performed chiefly by indented servants, brought from Great Britain, Ireland, and Germany; nor, because of the high price it bears, can it be performed any other way. These servants are purchased of the captains who bring- them; the purchaser, by a positive
law, has a legal property in them during the term they are bound for; can sell or bequeath them ; ‘and, like other chattels, they are liable to be siezed for debts. Out of these, nevertheless, did the governor make his levies. A ferment ensued: the owners were tenacious of their rights: the governor stood upon prerogative as paramount to all: the dispute was brought into the courts; and such was the terror of power, that the aggrieved was forced to repair to New York for advocates. I
The assembly, seeing no other remedy, thought themselves bound to defend the rights of their constituents; and did defend them accordingly, by refusing to part with their supply, unless these servants so unjustly taken from their masters were restored. The governor was obstinate, ‘and so the money was, at last, applied, as it ought, to indemnify them for the injury they had sustained.
That, however, they might not be misrepresented or misunderstood at home, as deficient in zeal for the public, or backward to contribute to the service, they came the next year to the following vote, to wit: ‘ The house, taking into consideration vthe many taxes their fellow-subjects in Great Britain are obliged 'to pay towards supporting the dignity of the crown, and defraying the necessary and contingent charges of government, and willing to demonstrate the fidelity, loyalty, and affection of the inhabitants of this province to our gracious sovereign, by hearing a share of the burden of your fellow-subjects, proportionably to our circumstances‘, do, therefore, cheerfully and unanimously resolve, that three thousand pounds be paid for the use of the king, his heirs and successors, to be applied to such uses as he, in his .royal wisdom, shall think fit to direct and appoint." And the said three thousand pounds were afterwards paid into ‘his majesty’s exchequer by the agent of the province accordingly. A free gift, if ever there was one, from subject to sovereign‘; and, however small, a sufficient voucher for the good intentions of those who made it!
In the beginning of the year 1745, the project against Louisburgh, having been carried in the assembly of New
England by a single vote only, was imparted to the assembly of Pennsylvania by governor Shirley, with a desire, that they would contribute thereto.- but though they could not be prevailed upon to take any part in an enterprize which to them appeared so desperate, they voted four thousand pounds in provisions, for the refreshment and support of the brave troops who had taken the place, as soon as it was known they were in possession of it, and that such supplies were wanting.
In the beginning of the year 1746, the ministers affected to entertain a project for the reduction of Canada. By letters from the secretary’s office, dated April 6, the nart/zern colonies were severally called upon to contribute their respective quotas towards it; which they cheerfully concurred in doing, seduced by their interests and their inclinations into a belief, that the whole line of our colonies would not be thus agitated, nor their Indian allies induced to take up the hatchet in conjunction with them, merely by way of feint to fa'cilitate a peace. .
Forces were every where raised by the several governors, and the assembly of Pennsylvaina voted five thousand pounds for the king’s use, or, in other words, as their contingent for this pretended national service. The money so voted being more than their revenue could furnish, tbeyiprgoposed to raise it by an addition of the like sum to their paper cur— rency; in which case the king would be served, the provincial capital would be so far enlarged, and the interest arising from it would in a due proportion of time, discharge the principal.
And here ‘began the first dispute between the governor and the assembly on this topic: the governorppleaded the instruction of 1740 as a reason, why he could not bring himself to such a pitch qfboldness as he apprehended was necessaryto the contravention of it; and therefore ‘urged them, to find out some method less exceptionable for raising the said sum: and they, willing to comply as far as possible with his scruples, ‘so far receded from their point to that time as to issue it out of the money dormant in the ‘loan-office ‘for