APPENDIX; CONTAINING SUNDRY ORIGINAL PAPERS, RELATIVE TO THE SEVERAL POINTS OF CONTROVERSY BETWEEN THE GOVERNORS AND ASSEMBLIES OF PENNSYLVANIA. To the Honourable Thomas Penn and Richard Penn proprietaries of the province of Pennsylvania, &c. The representation of the General Assembly of the said Province, met at Philadelphia, the 23d day of the sixth month, 1751. they do not conceive themselves under any obligation to contribute to Indian or any other 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 than could be due to him on any treaties for land, and are at this time at the expense 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 expense 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 they are under no greater obligation to contribute to the public charges than any other chief governor of any of the other colonies." MAY IT PLEASE THE PROPRIETARIES:-The first settlers of this province unanimously concurred with your worthy father, to lay the foundation of their settlements, in doing justice to the native Indians, by coming among them as friends, upon an equitable purchase only: this soon appeared to be the best and safest way to begin the infant settlement, by the veneration and love it procured from those people, who kindly supplied the wants of many, then destitute of the necessaries 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 Upon which we beg leave respectfully to repreimpressed upon their minds. By this voluntary sent to our proprietaries, that the preserving a retreat, all were satisfied, for there was room good understanding with the Indians, more parenough for all; and the good faith so carefully ticularly advances the interest and value of the kept with those who were nearest, gave the proprietary estate than that of any other estate in more distant Indian nations that favourable opi- the province, as it gives the proprietaries an opnion of us, which our continuing to act on the portunity of purchasing at a low price, and selling same principles of justice hath supported to this at high rates, great tracts of land on the frontiers, day; they entered freely into our alliance; they which would otherwise be impracticable. That became the guards of our frontiers against the therefore, though they may conceive themselves French, and French Indians, by obliging them to under no obligation by law, they are under the observe a neutrality towards us, as we experienc- much stronger obligations of natural equity and ed during the course of the last war; and we have justice, to contribute to the expense of those Inreason to think we now share largely in their af-dian treaties and presents, by which that good unfections. But this beneficial friendship hath nei- derstanding, so beneficial to them, is maintained. ther been procured nor continued without a very That although formal taxes have not been laid in great expense to the people of this province, espe- this province during some years past, for the supcially for some years past, wherein we find the port of the proprietaries' lieutenant-governor, and assemblies opened their hands liberally to all the defraying the charges of Indian treaties, yet the purposes of peace, among those who could best, interest of our paper-money is a virtual tax on the under God, preserve our distant settlements people, as it arises out of, and is paid by, their laagainst the depredations of an active and power-bour, and our excise is a real tax, yielding about ful enemy; without strictly inquiring at that time, how far the people alone ought to bear the burden of those expenses. But as that burden became yearly more and more heavy, the asemblies 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 three thousand pounds per annum, which is principally expended in those services, besides the tax of licenses 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 just, by persons wholly disinterested, both with him. Nor do we doubt their discharging all just regard to us and them. debts, for expenses properly chargeable to the province, whether made here or in England, whenever the accounts are exhibited. We are nevertheless thankful to our proprietaries for their care in 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 British nation may be involved in, they may with us more freely contribute to the expense of preserving peace, especially on the borders of their own lands, as the value of those lands so much depends upon it. We beg leave further to observe to our proprietaries, that the act forbidding all others to purchase lands of the natives, establishes a monopoly solely in their favour; 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. 2. That the representatives of the people are not so disinterested, seems most certain; wherefore, supposing they saw this matter in a light very different from that in which it appears to us, and that they were not actuated by any inclination on the one hand to oppose our interest, or on the other to influence the weaker part of the electors by appearing zealous for theirs (which we would trust and hope is the case) yet we may continue to differ in sentiments from them on the necessity of the desired assistance, without being liable to any imputation of neglecting the interest of the province in the opinion of the world. 3. After we had ordered our governor to give you the answer, which he did, to your former application, we had no reason to expect a repetition of the application directly to ourselves; as you might well suppose, we had considered the matter before we had returned our first answer, and the repeating the request could only produce the repeating the answer; the occasion for which does not appear to us. It is possible, that one purpose may be, in order to show, more publicly, this difference in opinion between us and yourselves; and if that was ever intended, it will be convenient that we should set this matter in a clear light (although it may make our answer longer than we could wish) that the true state of the matter may appear. 4. We did not speak our own sentiments only when we before said, we were under no greater obligation to contribute to the public charges than any chief governor of another colony; that was Upon the whole, since the proprietaries' interests the opinion of the lords of trade, when, upon an are so constantly intermixed, more or less, with application made to the king, by many considerathose of the province, in all treaties with our In-ble inhabitants of the province, that he would be dian allies; and since it appears that the proprie- pleased to give some orders for their defence; the taries think they already pay more than their counsel, employed by the agent of the house of reshare, and the people (who have disbursed near presentatives, insisted, that, if any such preparafive thousand pounds within these four years, on tions were necessary, the proprietaries ought to be those occasions) think they pay abundantly too at the expense of them; but their lordships demuch; we apprehend that the surest way to pre-clared it their opinion, that we were not obliged to vent 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, Speaker. The Proprietaries' answer to the foregoing representation of the House of Representatives. Laid before the house, May 23, 1753. GENTLEMEN, be at any expense of that nature, more than any other governor-in-chief of the king's colonies. 5. We are sensible that our honoured father, in the first settlement of the province, and at all times after, was strictly careful to do justice to the Indians, and purchased land from them before it was settled; but, we believe, always at his own charge; at least we do not find a single instance of a purchase having been made at the expense of the people. So that what share they had in such purchases, we are at a loss to know, other than the benefits and conveniences which arose from the mutual exchange of friendly offices with the natives. 6. Had the necessary public charges amounted to more than the revenue of the province, and a general tax been laid on the people to defray the same, there might then have been some colour to desire that we should contribute; but as no such 1. The true and real interest of the people tax has, for very many years, been or need to be whom you represent is, as it ought to be, the prin-laid, and the charge of government amounts to litcipal object of our concern; we shall on all occasions, show them that we have it constantly in view; we will use our utmost endeavours to procure it, at the expense of our own private fortunes, whenever it appears to us necessary; and, in considering the matter of your representation, shall endeavour to act such a part as would be thought 12 tle more than the one half of the common and ordinary revenue, the pressing thus unseasonably for our contribution, appears, we conceive, as an attempt to induce the weakest of the people to imagine yourselves to have an uncommon regard to their interests, and to be therefore the most proper persons to be continued as their representatives; and the matters which might the rather induce us | to mention, in answer to that part of your represo to think, are the solemn repetition of this re-sentation, wherein you, unadvisedly, publish to the quest, and treating it as if it was a matter of world, that our estate in America is exempted from great value and consequence; the time of making the burdens borne by our fellow-subjects in Great your last representation, just before an election; Britain; such matter might much more properly and the printing the report, and most extraordina- have been avoided; and at the same time that we ry resolutions, which were the foundation of such show you, that we do pay all other taxes here, that your representation, in your votes, long before on land only excepted, we must advise you to be your address could, by any possibility, come to very careful, not to put people here in mind of that our hands; which are such matters as could not single exemption. Several proposals have been escape our observation, and which would almost made for laying taxes on North America, and it persuade us, that it was intended as an address to is most easy to foresee that the self-same act of the people, rather than to us. parliament that shall lay them on our, will also lay them on your estates, and on those of your con 7. Wherefore, on this occasion, it is necessary that we should inform the people, through your-stituents. selves, their representatives, that as, by the constitution, our consent is necessary to their laws, at the same time that they have an undoubted right to such as are necessary for the defence and real service of the country; so it will tend the better to facilitate the several matters which must be transacted with us, for their representatives to show a regard to us and our interest: for, considering the rank which the crown has been pleased to give us in Pennsylvania, we shall expect from the people's representatives, on all occasions, a treatment suitable thereto; and that, whilst we desire to govern the province according to law only, they should be as careful to support our interests, as we shall always be to support theirs. 10 We cannot allow that you have always paid your interpreter to his satisfaction, because we know we have charged ourselves with gratifications to him, when the assembly has refused to pay him what he thought his services deserved; and we make no doubt he can remember such instances; however, with respect to any expenses of that sort, and many others here, we entered into them without any expectation of being repaid, and should think it far beneath us to send the accounts of them to the house of representatives, as your agent, employed by yourselves, might do for the expenses incurred by him. What we might reasonably expect, is, a thankful acceptance of our endeavours to serve the public; and if you do not think proper to make even that return, we shall, nevertheless, be fully satisfied with the consciousness of having rendered the province all the services in our power. 11. We do not conceive that any act of assembly does, or can establish, what you call a monopoly in us for the purchase of lands; we derive no right or property from any such law. It is under the king's royal charter that we have the sole right to make such purchases; and it is under that same charter, that every settler has a right, through us, to the estate he possesses in the province. The act itself, which you seem to allude to, acknowledges this right to be so granted to us by the charter, and is only declaratory thereof to the people, advertising them of a certain truth, that they are liable according to the laws of Great Britain, to penalties for contravening such right. 8. We are truly concerned, that you lay us under the necessity of acquainting the public with the state of the revenue of the province; you have in part, done it already, by acknowledging the amount of the excise to be three thousand pounds a year. The interest of the paper money, as we conceive, is more than that sum, which makes the common revenue of the province above six thousand pounds a year; the annual expense of government for a series of years (including Indian charges) amounts to little more than half that sum; the interest is paid by people who, no doubt, find greater advantage in the use of the money than the interest they pay for it, otherwise they would not be so solicitous to be admitted to borrow as they always have been. That interest money therefore cannot, with any propriety, be called a tax laid on the province, or a burden on the inhabitants. The excise itself is not a general tax, to which all the inhabitants must contri- 12. Your assertion, that treaties for land are bute, as it is paid by such only who buy wine and made at a less expense to us, on account of prospirituous liquors, under certain quantities; so that vincial presents being given at the same time, does many people pay nothing of that tax. Of all this not appear to us to be founded on fact; the last revenue, about four hundred pounds a year has, purchase was made on no other account, but pureon an average, for twenty years past, (and greatly to save the province the expense of making anpart of that time during war) been expended in presents to the Indians, and charges on their account; which we cannot conceive to be a large sum, in proportion to the revenue of the province, for so great and important a service as that of keeping the united nations of Indians in the interest of Great Britain; we believe every disinterested person will think the sum very small, and, from the manner of its being raised, not at all burdensome to the people; besides which, had not half that money been expended on these accounts, it is most certain all the same excise would have been paid. 9. The whole sum paid, in twenty years, for Indian services, is not more than, on a common computation, our family has paid, in the same time, for duties and excises here, for the support of his majesty's government; and which we choose other present to some Indians who came down after the time that the principal deputation had received the presents intended for the whole, and were on their return back; and the land was bought very dear on that account. Other treaties for land have been made when provincial presents have not been given; and we do not, or ever did, desire, that the inhabitants should bear any part of the expense of Indians who came down solely at our request to consent to the sale of lands, unless they stay on other public business also; and whenever they have come down on both accounts we are sensible the expense has been divided in a manner very favourable to the public. 13. We are far from desiring to avoid contributing to any public expense, which it is reasonable we should bear a part of, although our estate is not, by law, liable to be taxed. As we already have been, so we doubt not we always shall be, at a far greater expense in attending the affairs of the province, than our estate could be taxed at, if all the estates in the province were rated to the public charges, which would be the only fair way of establishing a proportion. If we were willing to consent to any such matter, the value of our estate, and of the estates of all the inhabitants, ought to be considered, and the whole expense proportionably laid upon the whole value; in which case you would find, that the expense which we voluntarily submit to, out of affection to the inhabitants, is much more than such our proportion so laid would amount to; besides these general expenses, the first of us sent cannon at his own charge, to the amount of above four hundred pounds sterling, for the defence of our city of Philadelphia, neglected by a late house of representatives; which alone, is such a sum as the proportion of a tax on our estate would not in many years amount to. And as this is the case, we are not disposed to enter into any agreement with the house of representatives for payment of any particular proportion of Indian, or other public expenses, but shall leave it to them (to whom it of right belongs) to provide for such expenses, as they shall judge necessary for the public service. 14. As you desire to appear willing, on your parts, to ease your constituents of a small part of the Indian expense, by throwing it upon us, we shall, on our part, and hereby do recommend it to you, to give them a real and far greater relief, by taking off a large share of that only tax which is borne by them. As the general expense amounts to little more than three thousand pounds a year, we conceive it may very well be provided for out of the interest of the paper-money, and one half of the present excise; especially if we shall be induced, from the state of your trade (which we expect soon to receive) to consent to an increase of your paper-currency, this would ease the inhabitants of about fifteen hundred pounds a year, which would be felt by many of them, when they would not be sensible of the trifle you propose we should contribute to the public expenses. We have directed the governor to consent to such a law when you shall think fit to present it to him. 15. As we shall ever in the first place endeavour to promote the real interests of the good people of Pennsylvania, we make no doubt of preserving an union and harmony between us and them, unless men of warm or uneasy spirits should unhappily procure themselves to be elected for representatives, and should for the supporting their own private views, or interests, influence their brethren, otherwise honest and well designing, to espouse their cause; in such case, indeed, disputes may arise, wherein we shall engage with the utmost reluctance; but even then, as we shall make the general good the rule of our actions, we shall, on all such occasions, if ever they should happen, steadily, and without wavering, pursue measures the most likely to conduce to that good end. 16. The representatives being annually chosen, we are aware that we are not writing now to the same persons who sent the representation to us; the persons most forward to push on a measure which, from the answer, we directed our governor to give to the former application he was desired to make to us, must be supposed disagreeable) may not now be in the house, but may be succeeded by more prudent persons, returned for their places, who would be careful not to press a matter Report on the Proprietaries' answer, &c. In obedience to the order of the house, your committee have considered the representation made by a former assembly to the proprietaries, concerning Indian affairs, with their answer delivered to this house; and since all further application to the proprietaries on the subject of that representation is now forbidden, and they seem to require that their answer should be put on the minutes of assembly, we are of opinion that the representation not hitherto made public, should accompany it, with such of the following remarks made on each paragraph of the said answer as the house shall think proper. 1. On the first paragraph of the answer, we shall just observe, that the declaration it contains is a noble one, and worthy of the rank our proprietaries hold among us; we only wish that in the present case they had thought fit to give a proof of the sincerity with which it is made, such as would have been satisfactory to others, since our assemblies are esteemed interested judges. 2. The insinuation in the second paragraph, as if the assembly were actuated by an inclination to oppose the proprietary interests, we look upon to be injurious; and as groundless as the other supposition, that the members might have in view their future election, of which we shall take farther notice when we come to the sixth paragraph, where it is again repeated. No instance can be given of that assembly's opposing, or attempting to oppose, the proprietary interest. It rather appears that they thought they were consulting those interests in the very point in question, if it be consistent with the proprietary interest to have a good understanding with the people; since the representation expressly proposed a method of preventing misunderstandings for the future. 3. In the third paragraph, the representation is treated as a mere repetition of a former application, and therefore improper, as "repeating the request could only produce the repeating the answer;" but the representation appears to your committee to contain, not only a repetition of the request, but new reasons in support of it, and answers to such as had been given for refusing it. And such a repetition of an application we think justifiable in all cases; except where we can be sure that the first thoughts of the persons applied to, are infallibly right; or if wrong, that they are incapable of hearing reason. 4. With regard to the opinion said to be declared by the lords of trade, "that our proprietaries were no more obliged to contribute to public charges than any other governor-in-chief of the king's colonies" your committee presume to suppose their lordships could only mean, that as governor-inchief the proprietaries were not obliged by law; and not, that as proprietaries they were not obliged in equity. The latter is the point at present in dispute between the proprietaries and people of Pennsylvania, though in this paragraph evaded. The assembly mention no other obligation but | been necessary to take such measures, the propriesuch as in their opinion arises from reason and justice; they humbly submit their reasons to the proprietaries' consideration, and from their equity only, they hope a compliance with the request. The position understood as the proprietaries would understand it, must as well hold good among the governed as the governors of the colonies; for should the wealthiest inhabitant say, he ought to pay no more towards public charges than any other inhabitant, he would be right, considering him merely as an inhabitant; but as a possessor of property, he would be wrong; and therefore laws are made, obliging such as would not otherwise be just, to pay in proportion to their sub stance. taries having, of late years, no formidable share of the people's love and esteem. Nor was the supposed address in fact made to the people; for the representation has never yet been published; nor were the votes containing those resolutions published till after the election was over. Nor is the situation of an assembly-man here so advantageous, as to make it worth his while to use artifice for procuring a re-election; for when the smallness of the allowance, the expense of living, the time he is absent from his own affairs, and other inconveniences are considered, none will suppose he can be a gainer by serving the public in that station. 7. But whether assembly-men may or may not 5. The fifth paragraph seems intended to com- expect any gainful advantages from that station, bat an assertion, that the purchases from the In- we find our chief governors informing us in pretdians were made with the people's money. As ty plain terms, in the seventh paragraph, that we find no such assertion in the representation, they themselves are not without such expectations we do not think it necessary at present to inquire from theirs; they tell us, "their consent is neceshow far, or in what instances, the people have sary to our laws, and that it will tend the better to had a share directly or indirectly in any such pur- facilitate the matters which must be transacted chases. The representation only intimates, that with them, for the representatives to show a rethe house conceived, treaties for the purchase of gard to their interest." That is, as we underland were made on more reasonable terms to the stand it, though the proprietaries have a deputy proprietaries for the provincial presents accompa- here supported by the province, who is or ought nying such treaties: and that this was an addi- to be fully impowered to pass all laws necessary tional reason why the proprietaries should bear a for the service of the country, yet, before we can proportionable part, at least, of the expense of obtain such laws, we must facilitate their passage, such presents; since, besides their share of "the by paying money for the proprietaries, which they common benefits and conveniences, which arise ought to pay, or in some other shape make it their from the mutual exchange of friendly offices with particular interest to pass them. We hope, howthe Indians," they reap a particular advantage to ever, that if this practice has ever been begun, it themselves, and that a very considerable one. will never be continued in this province; and that, This reason we apprehend is not answered in since, as this very paragraph allows, we have an the present paragraph; it is only evaded, by undoubted right to such laws, we shall be always changing the state of the question. A subtlety, able to obtain them from the goodness of our soin our opinion, unworthy the dignity of the pro-vereign, without going to market for them to a prietaries and chief governors of a province. subject. 6. On the sixth paragraph we would observe, Yet, however easy it may be to understand that that the request to the proprietaries, that they part of this paragraph which relates to the propriwould be pleased to bear a part of Indian ex-etaries' interest, your committee are at a loss to conpenses, was founded on the supposed equity of the case; and that they would consent to settle the proportion to be paid by them, was proposed as a means of preventing dissatisfactions between them and the people. To these points, this paragraph only answers, that the people are able enough to pay these expenses without the assistance of the proprietaries. This likewise seems to be starting a new question, and one that is beside the present purpose; for though it were true that the people are able to pay, it does not follow that they should therefore pay unjustly, nor is it likely that they will be pleased and satisfied with so doing, for such a reason. The proprietaries are likewise able to pay, they have revenue enough, but they do not think this a sufficient reason even to pay a part; why then should it be thought sufficient to induce us to pay the whole? the charge contained in this paragraph, "that the application was only an attempt to induce the weakest of the people to imagine the house had an uncommon regard to their interests, and were therefore the most proper persons to be continued their representatives at the ensuing election;" your committee think an absolute mistake, and unsupported by the least degree of probability. For there had not been for some years, nor was there expected to be, nor has there since been, any contest at elections between the proprietary and popular interests; nor if there had, would it have ceive why, in the other part of it, the people are to It was |