and calumnies, groundless in themselves, and | tion, but had endeavoured to introduce a so repeatedly, fully, and publicly refuted; French one, by reducing their assemblies to that instead of refuting them, therefore, they the insignificance to which the French parlia-. should only refer to their former refutations; ments had been reduced; had required them that what he says concerning the risk of los- to defend their country, and then put it out of ing so important an act was mere sophistry their power, unless they would first part with and amusement; that, as they had before as- some of the essentials which made it worth serted, conditional or alternative clauses were defending, which was in fact reducing them common; that in the same act there was an- to an Egyptian constitution: for, that as the other, namely, that in case the four year tax Egyptians were to perish by famine unless did not produce sixty thousand pounds, the de- they became servants to Pharaoh, so were fect should be supplied by an additional tax; they by the sword, unless they also became and, if it exceeded, the overplus should be servants to an absolute lord, or as he was disposed by a future act; to which the go- pleased to style himself, absolute proprietary; vernor had made no objection; that, notwith- that all comparisons made by the governor of standing all the dust he had attempted to raise, himself to his immediate predecessor would it was therefore clear to them, that the bill be to his own disadvantage, the differences was entirely unobjectionable; that their mode between the former gentleman and his assemwas more proper than his, and as safe both for blies having been but small, in comparison the bill, and the pretended rights of the pro- with those then subsisting, and conducted by prietary; that his commission had no such him with some tenderness to his country; that prohibition as he affected to find in it; and how much soever the people were at that that they could not, in a money-bill like this, time dissatisfied with some particulars in his admit of amendments not founded in reason, administration, the present had given them justice, or equity, but in the arbitrary plea- abundant reason to regret the change; that sure of a governor, without betraying the as to the collusion charged upon them, in not trust reposed, in them by their constituents, intending any of the bills they had offered for and giving up their just rights as free-born the defence of their country should pass, they subjects of England; that by the charters could, with humble confidence, appeal to the their constitution was founded upon, in ad- searcher of all hearts, that their intentions perdition to the privileges therein specially fectly corresponded with their actions; that, named, thy are moreover entitled to all other not to mention the unfairness of ascribing to powers and privileges of an assembly, accord- a whole people the indiscretion of a few, ing to the rights of the free-born subjects of [those who had declared they would suffer raEngland, and as is usual in any of the king's ther than pay for military measures] the goplantations in America; that the free-born vernor himself must own, they could not be subjects of England had a right to grant their under the influence he supposed, when they own money their own way, the governor did assured him that several more votes had been not deny, nor that the same was usual in given for those measures since they were peother plantations; that therefore they had titioned against, than before; that they were the same right, and should have had it if it totally ignorant of the many other ways of had not been so specified in their charter; raising money, to which the governor had no such free-born subjects, instead of losing any objection; as also, what that other bill might of their essential rights, by removing into the be, which he might think consistent with his king's plantations, and extending the British duty to pass; that he thought it inconsistent dominions at the hazard of their lives and for- with his duty to pass any bills contrary to his tunes; being, on the contrary, indulged with instructions from the proprietaries, which (like particular privileges for their encouragement the instructions of the president and council in so useful and meritorious an undertaking; of the north, mentioned by lord Coke, 4 inst. that indeed their constitution was, in one res- p. 246,) were to them impenetrable secrets; pect, no way similar to that of England, namely, that, according to the same great lawyer's rethe king's having a natural connexion with his mark on governing by such insructions, misera people, the crown descending to his posterity, est survitus ubi jus est vagum aut incogni and his own power and security waxing and tum; that, therefore, it would be in vain for waning with the prosperity of his people; them to search for other ways, or frame other whereas plantation-governors were frequently bills; and that here the matter must rest till transient persons, of broken fortunes, greedy his majesty should be graciously pleased to of money, destitute of all concern for those they governed, often their enemies, and endeavouring not only to oppress but defame them, and thereby render them obnoxious to their sovereign, and odious to their fellow-subjects; that their present governor not only denied them the privileges of an English constituVOL. II.... O

relieve them; since, with the governor, they could no otherwise hope to end their unhappy divisions, than by submitting to one part or the other of the miserable alternative mentioned by him; either not to have a privilege worth disputing about, or be deprived of a country to dispute it in."

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But though this answer was, in every par- | invade our country.' Treaty, page 8. The ticular, conformable to the sense of the house, same sentiments appeared among the Six Naand was afterwards printed in the appendix to tions, at the Albany treaty; that the Engtheir proceedings, they declined making use lish and French were only contending which of it; and that for the present reported by the of them should have their lands.' The reacommittee was to the effect following: to soning made use of by the members at this wit, "that the bulk of the governor's long private conference with the late governor message consisted of groundless charges and was, that the land were they proposed to build calumnies, which having been repeatedly re- it was claimed by the crown, and was very futed, might be safely left to themselves; that probably beyond the limits of Pennsylvania; though they had prepared a full answer to that at least it would be beyond the reach of the rest, yet as there were now some hopes of our laws, as appeared by the people already an agreement with him in the money-bill, settled on Juniata, just beyond the North which was the principal business of the ses- mountain; that this, instead of healing, might sion, they submitted it to the house, whether create irreconcileable breaches with our Init would not be more consistent with their dians, considering what sort of people would prudence and moderation to suppress it; that probably reside there; that the Indians had there being, however, one or two new charges never heartily requested it, nor did it seem to brought against the assemblies of that pro- be their interest so to do; and if they had revince, it might be proper to take some notice quested it, as they were in subjection to the of them; that the first of these was, that they Six Nations, it would be necessary to have contemptuously treated the proprietary offer their assent; that this precipitate act would of four hundred pounds, for erecting a place of probably create a jealousy in the French, and strength on the Ohio, and of one hundred give them some pretence of an infraction of poun & per annum towards its support; that the treaty of Utrecht on our part, and might this contemptuous treatment was not specified, finally engage the British nation in a war but m ght be explained, by a passage out of with France. These, and many other reathe brief State, [a proprietary pamphlet] sons, were urged at that private conference, where it is said, "the house refused this pro- as several of those members apprehended, to posal a place in their minutes;" that the fact governor Hamilton's satisfaction. And it apwas, however, otherwise; that the said pro- pears by George Croghan's journal, that those posal appears in several pages there specified; Indians neither did, nor did they think they and that nothing farther than what is there, could, give leave to build a house on the Ohio, could properly be made a part of those re- without the express consent of the Six Nacords; and the reason thereof is then assigned tions; and accordingly they took two months in the following narrative; which, for various to acquaint the Onondago council with this reasons, deserves to be made a part of this transaction, and then to send us word, which discourse. they never complied with.

"The late governor Hamilton, after sending the message of the thirteenth of August, 1751, requested a private meeting with some of the members of that house, but without any authority from the assembly.

"It appears further, by the assembly's message to governor Hamilton, on the twentyfirst of August, 1751, taken from the informations of Conrad Weiser, and Andrew Montour, that the request inserted in George Croghan's journal as made by the Indians at Ohio to this government, to erect a strong trading house in their country, as well as the danger 'tis there said they apprehended from the attempts of the French, was misunderstood, or misrepresented by the person, the governor confided in for the management of that treaty.' But it may be unnecessary to pursue this inquiry into an affair wherein George Croghan thought himself unkindly, if not unjustly, sacrificed to private ends, as is well known to such as were acquainted with this affair, and appears in the letters and other papers sent by himself to some of the mem

"At this meeting governor Hamilton offered, on behalf of the proprietaries, four hundred pounds, towards building such a house upon or near the Ohio, (but not a syllable of maintaining or supporting it.) The Indians were so far from pressing our engaging in it, that instructions were drawn by this government to require it of them, at a treaty held by G. Croghan, in May, 1751, and they evidently showed themselves apprehensive, such an attempt might give umbrage to the French, and bring them down the Ohio with an armed force, to take possession of those lands. And about two years afterwards, these very Ohio Indians, at the treaty held at Carlisle, in Oc-bers of that assembly." tober, 1753, say to our government, I desire you would hear and take notice of what I am about to say; the governor of Virginia desired leave to build a strong house n Ohio, which came to the ears of the governor of Canada, and we suppose this caused him to

Coming then to the other new charge, namely, that the assembly would not admit, that the French encroachments were within the king's dominions, they maintain that this charge is as ill-founded as the other; "For, say they, though the house never took upon

In effect, the governor having given his consent to the militia bill, and the house having made some immediate provision, for landing and relieving the miserable French exiles obtruded upon them from Nova Scotia, they proceeded to resolve, first, unanimously,

"That the right of granting supplies to the crown in this province, is alone in the representatives of the freemen met in assembly, being essential to an English constitution. And the limitation of all such grants, as to the matter, manner, measure, and time, is in them only." And then,

them to ascertain the bounds of the king's do- | branches of the legislature; and that as the minions, they never directly or indirectly de- governor had yesterday evening sent down a nied those encroachments to be within them." message, intimating that the proprietaries are They then proceeded to examine the extracts now disposed to contribute a sum of money tofrom the council minutes sent by the go- wards the common security of the province, vernor, in proof that money-bills had been there was a great probability that all controamended by former governors. They de- versies on that head were at an end, and that monstrated in ten several instances, those ex- some method would be speedily taken for retracts had not been fairly represented. And lieving the province from its present diffi they concluded in these words: "were all culties." these to be deducted from the list, it would appear that there are but few instances in our journals of proper money-bills amended by the governor, and the amendments agreed to by the house; this is no more than was acknowledged by the preceding assembly, in their message of the 29th of September, where they say, that in a very few instances their predecessors might have waved that right on particular occasions, but had never given it up." Scarce had the house agreed with their committee in laying aside, for the present, the first of these answers, for the reasons assigned in the second, than certain inhabitants of Philadelphia, joined with others of the county of Chester, in all twenty-nine persons, thought themselves at liberty to assail the house in person with a petition, desiring, that the governor and the house would unite in the fear of God, &c. And as the minute taken of this strange incident (which followed the Philadelphia remonstrance in much such a manner as the legion-letter followed the Kentish petition before referred to) will serve at once to show the ferment which then prevailed in the province, and yet how far the people in general were from desiring to be preserved against the incursions of the enemies, at the expense of their constitutional liberties; it is here inserted, to wit:

"The speaker told them, that it was well known this house was composed of members chosen without any solicitation on their parts, to be the representatives of the people, and guardians of their liberties; that the whole powers the house were invested with, were derived from the people themselves, and that as the house had hitherto, so they should still continue to discharge the high trust reposed in them to the best of their understanding and abilities; and then asked them, whether they desired that the house should give up any rights, which, in the opinion of the house, the people were justly entitled to? some of the petitioners, in behalf of the whole, answered, no; they were far from requiring any thing of that kind; all they wanted was, that some expedient might be fallen upon, if possible, to accommodate matters in such a manner, as that the province might be relieved from its present unhappy situation. To this the speaker replied, that nothing could be more agreeable to this house than a harmony between the two

"That in consideration of the governor's message of yesterday, by which it appears that the proprietaries have sent him an order on the receiver-general for five thousand pounds, to be paid into the hands of such persons as shall be appointed by act of assembly, and applied with such sums as the assembly should grant, to such uses as may be necessary for the common security of the province; and as it would not be reasonable or just, at this time, to tax the proprietary estate, in order to raise money therefrom, over and above the said grant from the proprietaries, the house will immediately proceed to form a new bill for granting a sum of money to the use of the crown, and therein omit the taxation of the said estate."

Accordingly, such a bill was ordered the same day; and, in full confutation of all the injurious surmises that they did not so much as intend to save their country, prosecuted with so much zeal and alacrity, that it received the governor's assent the next day but one following.

Thus the two branches of the legislature were at last united in the great duty of making all contribute to the defence and preservation of all.

But though the storm was for the present over, some marks of recent turbulence still remained. The governor, though frequently called upon, could not be brought to pass the bill for regulating the Indian trade; the house, therefore, thought proper to press him with such a message, as should, by explaining the nature of the bill, not only indicate the nature of the abuses it was calculated to correct, but also oblige him, if possible, to account for his delay; and the message agreed upon was as follows, viz.

and what, in modern proprietary documents and the speeches and messages of deputy-governors, it would be very hard to match.

Of the stress in this message, however, laid on the present state of Indian affairs, the house took the advantage to recollect what had passed between them and the governor in relation to the Shawanese complaint; and with an equal regard to truth and candour, took occasion in a message to the governor, to express themselves upon it as follows, viz.

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relation to their bill for regulating the Indian trade; and resolved thereon, "That it was their opinion, the governor had evaded giving any answer, or offering amendments to it, that it might be transcribed and sent over to the proprietaries for their opinion or assent; that the said bill was of great importance in the present critical situation of affairs; that the delay or refusal of entering into the consideration thereof at that time, might be attended with very ill consequences; and that those consequences would not lie at their door."

And having before resolved to adjourn till the first of March ensuing, they moreover took upon them to provide for the subsistence of certain friendly Indians, settled near their frontiers, in the mean while.

Nor was this all: for the incidents of the session having shown, that it was high time for the assembly to assert their own authority, as far forth at least, as the factions and intrigues of the province at that time subsisting would permit, they called for the report of their committee appointed to sit on the several irregular and improper applications which had been made to them during the session; and having duly considered it, ordered it to be entered on the minutes of the house.

yet all applications whatever to the house, ought to be respectful, decent, pertinent, and founded in truth."

"May it please the Governor, "We have considered the report of the committee of the governor's council, to which he is pleased to refer us for an answer to our inquiry, relating to a claim of the Shawanese Indians, on the lands near Conedoguinet.We are far from desiring to justify those Indians in their late outrages and murders, committed against the people of this province, in violation of the most solemn treaties. We believe that great care has generally been taken to do the Indians justice by the proprietaries in the purchases made of them, and in all our other public transactions with them; and as they have not the same ideas of legal property in lands that we have, and sometimes think they have right, when in law they have none, but yet are cheaply satisfied for Every body knows, that the reports of comtheir supposed as well as real rights, we mittees can consist of opinions only; and these think our proprietaries have done wisely, not gentlemen give it as theirs, "that though it only to purchase their lands, but to purchase was the undoubted right of the freemen of the them more than once,' as the governor says province, not only to petition, but even to adthey have done, rather than have any differ-vise their representatives on suitable occasions, ence with them on that head, or give any handle to the enemies of the province to exasperate those people against us. It appears indeed, from the report, that they could have but a slender foundation for a claim of satisfaction for those lands; we are, however, convinced, by original minutes taken by one of the commissioners at the treaty of Carlisle, now lying before us, that the Shawanese chiefs mentioned that claim of theirs to the lands in question at that time, and were promised that the matter should be laid before the proprietaries. It was after the public general business of the treaty was over, and was not inserted in the printed account of the treaty, perhaps because it was thought to relate more particularly to the proprietary than to the province; and one of the commissioners being himself concerned in the proprietaries' affairs, there was reason to believe he would take care to get it settled; and doubtless he would have done so, had he not, as appears by the report, entirely forgot the whole transaction. We are sorry it was not done, though probably the instigations, present situation, and power of the French, might have been sufficient nevertheless to have engaged those Indians in the war against us."

They also took into consideration the governor's answers to their several messages in

"That the petition of Moore and his thirtyfive followers, concerning unnecessary disputes with the governor, when no disputes had been begun; and insinuating, that the house had neglected the security of the province from conscientious scruples, was founded on mistakes and misapprehensions of facts and circumstances." [They might have said much more if they had thought proper.]

"That the petition intitled, an address of certain people called quakers in behalf of themselves and others, (signed by Anthony Morris and twenty-two others) so far as it engaged for any more than themselves, and insinuated they would be under a necessity of suffering rather than paying for other than peaceable measures, had notwithstanding the decency of its language, assumed a greater right than they were invested with; and, forasmuch as the said petitioners had not duly considered former precedents, especially the grant of two thousand pounds to the crown in the year 1711, was an unadvised and indiscreet application to the house at that time."

That the representation from the mayor of Philadelphia, and one hundred and thirtythree others, said to be of the principal inha