appointed; because a voyage to England for ordination. is extremely inconvenient and expensive to the young clergy educated in America; and the Episcopal churches and clergy in these colonies cannot so conveniently be governed and regulated by a bishop residing in England, as by one residing among those committed to his care. But this event will happen neither sooner nor later for our being or not being under a royal government. And the spiritual court, if the bishop should hold one, can have authority only with his own people, if with them, since it is not likely that any law of this province will ever be made to submit the inhabitants to it, or oblige them to pay tithes; and without such law, tithes can no more be demanded here than they are in any other colony; and there is not a single instance of tithes demanded or paid in any part of America. A maintenance has, indeed, been established in some colonies, for the Episcopal clergy; as in Virginia, a royal government, and in Maryland, a proprietary government. But this was done by acts of their own, which they were not obliged to make, if they did not choose it.

That "we shall have a standing army to maintain," is another bugbear raised to terrify us from endeavouring to obtain a King's government. It is very possible, that the crown may think it necessary to keep troops in America henceforward, to maintain its conquests and defend the colonies, and that the Parliament may establish some revenue arising out of the American trade, to be applied towards supporting those troops. It is possible, too, that we may, after a few years' experience, be generally very well satisfied with that measure, from the steady protection it will afford us against foreign enemies, and the security of internal peace among ourselves, without the expense or H*

VOL. IV.

12

trouble of a militia. But assure yourself, my friend, that, whether we like it or not, our continuing under a proprietary government will not prevent it, nor our coming under a royal government promote and forward it, any more than they would prevent or procure rain or sunshine.

The other objections you have communicated to me, are, that, "in case of a change of proprietary for royal government, our judges and other officers will be appointed and sent us from England; we must have a legislative council; our assembly will lose the right of sitting on their own adjournments; we shall lose the right of choosing sheriffs, and annual assemblies, and of voting by ballot." I shall not enter into the question, whether judges from England would probably be of advantage or disadvantage to our law proceedings. It is needless, as the power of appointing them is given to the governor here, by a law that has received the royal assent, the "Act for establishing Courts." The King's governor only comes in place of a proprietary governor; he must (if the change is made) take the government as he finds it. He can alter nothing. The same answer serves for all the subsequent objections. A legislative council under proper regulations might perhaps be an amendment of our constitution, but it cannot take place without our consent, as our constitution is otherwise established; nor can our assembly lose the right of sitting on their own adjournments; nor the people that of choosing sheriffs, and annual assemblies, or of voting by ballot; these rights being all confirmed by acts of assembly assented to by the crown; I mean the acts entitled, "An Act to ascertain the number of Members of Assembly and to regulate the Elections," and "An Act for regulating the Elections of Sheriffs and Coroners;" both passed in the fourth of Queen Anne.

I know it has been asserted, to intimidate us, that those acts, so far from being approved by the crown, were never presented. But I can assure you, from good authority, that they, with forty-eight others, (all passed at the same time by Governor Evans,) were duly laid before the Queen in council; who, on the 28th of April, 1709, referred the same to the Board of Trade. The Board, on the 8th of September, 1709, reported upon the said fifty acts, that they had considered the same, and had taken the opinion of the attorney-general upon several of them in point of law; and they represented against six of them, as unfit to be continued in force; but, as to the other forty-four, the titles of which are given at large, and among them the two material acts above mentioned, they had no objection to the same. Whereupon there issued two orders of the Queen in council, both dated at the Court at Windsor, the 24th of October, 1709; one repealing the six laws objected to, and the other approving the remaining forty-four.

This is a fact that you may depend upon. There is therefore nothing now that can deprive us of those privileges, but an act of Parliament; and we may rely on the united justice of King, Lords, and Commons, that no such act will ever pass, while we continue loyal and dutiful subjects. An act of assembly, indeed, may give them up; but I trust, urgent as they are for admission, we shall never see proprietary friends enough in the House to make that detestable sacrifice.

In fine, it does not appear to me, that this change of government can possibly hurt us; and I see many advantages that may flow from it. The expression, change of government, seems, indeed, to be too extensive; and is apt to give the idea of a general and total change of our laws and constitution. It is rather and

only a change of governor, that is, instead of selfinterested proprietaries, a gracious King. His Majesty, who has no views but for the good of the people, will thenceforth appoint the governor, who, unshackled by proprietary instructions, will be at liberty to join with the assembly in enacting wholesome laws. At present, when the King requires supplies of his faithful subjects, and they are willing and desirous to grant them, the proprietaries intervene and say, "unless our private interests in certain particulars are served, nothing shall be done." This insolent tribunitial VETO has long encumbered all our public affairs, and been productive of many mischiefs. By the measure proposed, not even the proprietaries can justly complain of any injury. The being obliged to fulfil a fair contract is no injury. The crown will be under no difficulty in completing the old contract made with their father, as there needs no application to Parliament for the necessary sum, since half the quit-rents of the lower counties belongs to the King, and the many years' arrears in the proprietaries' hands, who are the collectors, must vastly exceed what they have a right to demand, or any reason to expect.*

On the whole, I cannot but think, the more the proposal is considered, of an humble petition to the KING to take this province under his Majesty's immediate protection and government, the more unanimously we shall go into it. We are chiefly people of three countries. British spirits can no longer bear the treatment they have received, nor will they put on the chains prepared for them by a fellow subject. And the Irish and Germans have felt too severely

* In 1722, the arrears then in their hands were computed at £18,000 sterling.

the oppressions of hard-hearted landlords and arbitrary princes, to wish to see, in the proprietaries of Pennsylvania, both the one and the other united.

I am, with much respect, Sir,

Your most obedient, humble servant,

A. B.

PETITION TO THE KING,

FOR CHANGING THE PROPRIETARY GOVERNMENT OF PENNSYLVANIA INTO A ROYAL GOVERNMENT.

Drafted by Dr. Franklin, and adopted by the Assembly of Pennsylvania, in 1764. - EDITOR.

TO THE KING'S MOST EXCELLENT MAJESTY, IN COUNCIL, The Petition of the Representatives of the Freemen of the Province of Pennsylvania, in General Assembly met,

Most humbly showeth ;

That the government of this province by proprietaries has by long experience been found inconvenient, attended with many difficulties and obstructions to your Majesty's service, arising from the intervention of proprietary private interest in public affairs and disputes concerning those interests.

That the said proprietary government is weak, unable to support its own authority, and maintain the common internal peace of the province; great riots have lately arisen therein, armed mobs marching from place to place, and committing violent outrages and insults