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the Lords Justices in 1740, possibly revoked by the conduct of the succeeding sessions of the same Parliament, upon whose address to his Majesty that instruction was founded, should be so strictly binding, is what we cannot apprehend.”

“But if the liberty the governor contends for can mean, that we must allow him to judge for himself, how far he may or may not obey such royal instructions, at his own risk (as his Majesty's highest displeasure is threatened against him particularly) and at his own pleasure too, then we must own we are at a loss to distinguish any great difference between the mischievous tendency of an act to enforce all orders and instructions of the crown whatever, and the necessity the governor is pleased to think we are under to allow him the power of enforcing them whenever he shall think fit; with this preference, however, that we would far rather choose to submit ourselves and our cause to the King and the justice of a British Parliament, than to the mere will of our governor, whether to enforce or disregard them, however they may have answered their ends, or otherwise abated of their force; and, in the present case, we hope the governor, on reflection, will pay some regard to the judgment of the same Parliament from which the address to the crown had been preferred to issue this additional instruction, who, although requested in their next session by the Board of Trade, to address the crown again, that he would be pleased to repeat his instructions to the governors in his American colonies, have not only never complied therewith, that we know of, but have since passed an act for restraining the issuing bills of credit in those particular colonies, where, after a full inquiry, they found such emissions injurious to the trade of Great Britain, or not calculated to do justice between man and man, and have left us, as we presume, exonerated from the burden of this additional instruction, and in full power over our laws upon the terms of our charters; and, so long as we ask nothing farther than is warranted by these, we hope it neither will nor can interfere with the royal prerogatives.

“ It may be presumed, the representatives of this province, when met in their assemblies, have some valuable privileges yet left in framing their laws, to do justice between man and man, without the aid of an additional instruction; and we hope it cannot be expected that we should very easily part with those rights and depend on royal instructions, over which we are to allow the governor the power he is pleased to contend for; and we have no reason to doubt, all men of understanding and candor will prefer a regular course of laws, occasionally suited to the times, and framed by the representatives of the people, annually chosen, and assented to by their governor, to a series of instructions sent for that purpose from so great a distance.

“For our own part, we are fully satisfied and assured, that so long as we continue in our duty and loyalty to the best of Kings, who has been pleased to declare, that nothing in this world can give him so much pleasure as to see (his subjects) a flourishing and happy people ; and neither claim, nor desire, other or greater privileges than those we have a right to, under the grant of his royal predecessors, we can have nothing to fear from a King and a British Parliament; and, as it is our duty to defend these in the best manner we are able, in the faithful discharge of so high a trust, we shall have the satisfaction of our own minds, and, we hope, the countenance of all good men, notwithstanding the governor's opinion, that the charge made against this province (among other charter provinces) by the Board of Trade, is not much to our advantage.”

And having before declared their persuasion or assurance, that the governor might pass the law in question, or any other law consistent with the royal charter, without the least apprehension of his Majesty's displeasure, they finally suggest, that it must be not only a loss of time to the representatives, but a great expense to the country, to prepare bills for the governor's assent, which he was bound by private instructions from the proprietaries not to pass.

Unanimously this report was approved of; and yet, from a principle of moderation we must presume, it was left to be reconsidered by the next assembly; as also was another report, received the same day from the committee, appointed to draw up a reply to the paper last transmitted from the proprietaries, of which, as a debt both of honor and justice to the province, some account is now to be given.

Sixteen sections or paragraphs, it must be recollected, that paper was composed of; and one by one they are severally considered, acknowledged or refused.

The declaration contained in the first is acknowledged to be a noble one, and worthy the rank held by the proprietaries; the insinuation in the second is declared to be not only groundless but also injurious; the assembly, instead of opposing the proprietary interest, having consulted that interest, even in the very point in question, if it was consistent with their interest to have a good understanding with the people; to obtain which a method was proposed; to the intimation contained in the third, that, after they had ordered their governor to give the answer which he did to the former application, they had no reason to expect a repetition directly to themselves, &c., it was replied, that repetitions, when they are supported with new reasons, and contain answers to those given for refusing the request

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that had been made, are justifiable in all cases, except where the persons applied to were sure to be infallibly right, or incapable of hearing reason ; to the fourth, containing the opinion of the Lords of Trade, concerning the obligations incumbent on the proprietaries as chief governors, to pay a part of public charges, the committee say, that the House did not require their contribution as governors but as proprietaries, which was according to William Penn's own distinction formerly made; and considering them, as in the same paragraph is afterwards done, to be the wealthiest inhabitants of the province, it follows undeniably, that such their contributions were therefore due to the province in proportion to their substance in it; in their answer to the fifth, they both combat with and complain of a misrepresentation contained in it, as a thing unworthy the dignity of the proprietaries and chief governors of a province, urging, that they did not assert, purchases were made directly with the people's money; but only, that they were made on the more reasonable terms, because of the provincial presents attending them; and that this was advanced as an additional reason why the proprietaries should bear at least a proportional part of the expense of such presents, sharing in the first place, as they did, in the good from these treaties resulting to the whole, and engrossing, over and above, a very considerable advantage to themselves.

To the sixth, which insinuates, that the people are able enough to pay these expenses without the assistance of the proprietaries, they retort most unanswerably, that because they are able to pay, it does not follow, that, therefore, they are obliged to pay unjustly ; as also, that they, the proprietaries, are as able as them. selves, and asking why that reason, which, it was plain, was not sufficient to induce them to pay a part, should




be held of force enough with the people to induce them to pay the whole ? After which they declare the charge against them in the said paragraph of aiming to captivate the weakest of the people, &c., to be an absolute mistake, unsupported with the least degree of probability, the proprietaries not having had any formidable share in the people's esteem for many years past, nor the supposed address to the people made, nor the representation itself published, nor even the votes on which it was founded, till after the election was over, &c.

Upon the seventh, concerning the expediency of showing a due regard to the proprietaries and their interest, they comment as follows; “That is, as understand it, though the proprietaries have a deputy here, supported by the province, who is, or ought to be, fully empowered to pass all laws necessary for the service of the country, yet, before we can obtain such laws, we must facilitate their passage, by paying money for the proprietaries which they ought to pay; or in some other shape make it their particular interest to pass them. We hope, however, that, if this practice has ever been begun it will never be continued in this province; and that since, as this very paragraph allows, we have an undoubted right to such laws, we shall be always able to obtain them from the goodness of our sovereign, without going to market for them to a subject.” They afterwards expatiate on the word rank, as applied by the proprietaries to themselves in the same paragraph, concerning which they say, “ We cannot

“ find on perusing the representation in question, that it contains any treatment unsuitable to their rank. The resolve of the House was, that, to prevent dissatisfactions on all sides, they should be requested, in the most reasonable and most respectful manner, to agree upon a proportion of Indian charges to be paid by them and

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