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good order and government, you take care that an act be passed in the general assembly of our said province, to the like effect as that passed here in the seventh and eighth years of his late Majesty's reign, entitled, 'An Act, that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the usual form;' and that the same be transmitted to us, and to our Commissioners for Trade and Plantations, as before directed.

"Instruction 53d. And whereas we have been farther informed, that in the settlement of the government of our said province, it may so happen, that the number of inhabitants fitly qualified to serve in our council, in the general assembly, and in other places of trust and profit there, will be but small; it is therefore our will and pleasure, that such of the said people called Quakers, as shall be found capable of any of those places and employments, and accordingly be elected or appointed to serve therein, may, upon their taking and signing the declaration of allegiance to us, in the form used by the same people here in England, together with a solemn declaration for the true discharge of their respective trusts, be admitted by you into any of the said places or employments," &c.*

And the same privileges have been, and still are, fully enjoyed in that province by Dissenters of all kinds; the council, assembly, and magistracy being filled with Episcopalians, Presbyterians, and Quakers, promiscuously, without the least distinction or exclusion

of

any. We may farther remark, on the above report of the Board of Trade, that the defence of a proprietary province was originally looked upon as the duty of the proprietaries, who received the quit-rents, and

"Grants and Concessions," &c., p. 633.

had the emoluments of government; whence it was, that in former wars, when arms, ammunition, cannon, and military stores of all kinds, have been sent by the crown to all the colonies under its immediate government, whose situation and circumstances required it, nothing of the kind has been sent to proprietary governments. And to this day, neither Pennsylvania nor Maryland have received any such assistance from the crown; nor did Carolina, till it became a King's gov

ernment.

Massachusetts Bay, in New England, lost its charter in the latter end of King Charles's reign, when the charters of London and all the corporations in England were seized. At the Revolution the crown gave them a better constitution, which they enjoy to this day. No advantages were taken against the privileges of the people, though then universally Dissenters. The same privileges are enjoyed by the Dissenters in New Hampshire, which has been a royal government ever since 1679, when the freeholders and inhabitants petitioned to be taken under the immediate protection of the crown. Nor is there existing, in any of the American colonies, any test imposed by Great Britain, to exclude Dissenters from offices. In some colonies, indeed, where the Episcopalians, and in others the Dissenters, have been predominant, they have made partial laws in favor of their respective sects, and laid some difficulties on the others; but those laws have been generally, on complaint, repealed at home.

It is farther objected, you tell me, that "if we have a royal government, we must have with it a bishop and a spiritual court, and must pay tithes to support an Episcopal clergy." A bishop for America has been long talked of in England, and probably, from the apparent necessity of the thing, will sooner or later be

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

VOL. IV.

12

H*

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

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