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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 come 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.

not be sensible of the trifle you propose we should contribute to the public expense. 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 of their own private views, or interests, influence their bre

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.

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13. We are far from desiring to avoid contributing to any public expense which it is reasonable we should bear a part of, al-thren, otherwise honest and well-designing, though our estate is not, by law, liable to be taxed. As we have already been, so we doubt not we shall always 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 16. The representatives being annually estate, and of the estates of all the inhabitants, chosen, we are aware that we are not writing ought to be considered, and the whole ex- now to the same persons who sent the reprepense proportionably laid upon the whole value; sentation to us; the persons most forward to in which case, you will find, that the ex-push on a measure (which, from the answer, pense 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 expense, but shall leave it to them (to whom it of right belongs) to provide for such expense, as they shall judge necessary for the public service.

"11. As you desire to appear willing on your parts, to ease your constituents of a small part of the Indian's 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

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 too far, in which the rights of the people are not really concerned: however, the answer we give must be to the representation sent us. And we desire, in any matter of the like nature, that the house will be satisfied with such an answer, as the governor may have orders to give on our behalf.

"THOMAS PENN, RICHARD PENN." In the temper the assembly was in before the reading of this ungracious paper, but natural to expect, that they would have taken fire immediately, and proceeded at once to their own justification.

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But, much to the honour of their prudence, they took a different method. They ordered it to lie on the table, together with their own votes, report, representation, &c. alluded to in it; and returning to the two points already before them, resolved to clear their way, by despatching them first.

These, it will be remembered, were the currency-bill, returned to the house by the governor before their adjournment, with a negative, and the governor's message with respect to the resolution of the Indians to withstand the French, in case they should be invaded by them on the Ohio.

They had also under consideration several new despatches from their agent here at home,

and also an account of the value of their im- | to six hundred and forty-seven thousand three ports from hence; which for the year 1749 hundred and seventeen pounds eight shillings was in all two hundred and thirty-eight thou- and nine pence sterling; and our numbers of sand six hundred and thirty-seven pounds two shillings and ten pence. For the year 1750, two hundred and seventeen thousand seven hundred and thirteen pounds and ten pence. And for the year 1751, one hundred and ninety thousand nine hundred and seventeen pounds five shillings and one penny. Whence it was apparent, that for want of a sufficient currency, to invigorate the industry, and supply the wants of the province, the importations from hence were in a gradual course of declension. And after mature deliberation on the whole matter, they again sent up their bill to the governor with the following mes-ness to Great Britain, and our consumption of sage, viz.

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May it please the Governor, "The governor's apprehension, at our last sitting, that the dislike raised in Great Britain of the bills of credit in the plantations, by the late too general and undistinguishing complaints, so warmly subsisted, as to make any application to the crown about our currency at that time unseasonable, induced the house, notwithstanding their different sentiments, to make a short adjournment, to consider farther of the weight of that objection; and also of the suins by that bill proposed to be made, and continued current in this province. And now, when we reflect, that though the complaints against a paper-currency, arising from the excesses of some colonies therein, were indeed at first too general and undistinguishing, so as to occasion the bringing into parliament a bill for restraining the same in all the colonies; yet, as upon strict inquiry (a state of our currency then lying before them) the parliament thought fit to alter the bill, and lay the restraint only on those colonies where that currency had been abused, we cannot but look on this as distinguishing in our favour; especially as we are assured, that no complaints were ever made of our currency by the British merchants trading hither, who only could be affected by it; but that on the contrary they have, whenever called upon for their opinion, by the parliament or the lords of trade, appeared openly and warmly in its favour, and declared (as they did in 1739, when our act for eighty thousand pounds, the present sum, was under consideration) That it was not on·ly a reasonable sum, but absolutely necessary for carrying on the commerce of the country; which appears by the report of the said lords, made on that occasion to the council. And as the exports from Britain to this province, of which we have authentic accounts, had then, in the three preceding years, amounted to no more than one hundred and seventy-nine thousand six hundred and fifty-four pounds nine shillings and two pence sterling; and now in the years 1749, 1750, and 1751, they amount

people, and domestic trade, and the occasions for a medium of commerce, are equally increased, there cannot, we think, be any doubt, but the British merchants will now likewise be of opinion, that the small addition we at present propose is absolutely necessary, though they may not think it so suitable to our circumstances as a larger sum; one hundred thousand pounds of paper-currency bearing by no means the same proportion to our trade now, as eighty thousand pounds did then. And it is certain, that, as the money circulating among us diminishes, so must our trade and useful

its manufactures, diminish.

"Upon the whole, we entreat the governor der which the trade, and in consequence the to consider the distressing circumstances unwhole province, must languish, if, contrary to should not be enacted into a law. And we our expectations, the bill we now present him are well assured, that as the governor has been pleased to declare his sentiments of the many advantages we derive from the use of paper-money, his transmitting it home, in a true light, will make our application to the crown as effectual as it is seasonable." and by his secretary gave the house to underThe governor now demurred in his turn, stand, that, as it was usual for the assembly to meet again in August to finish the business of the year, he chose for that and some other reasons, to keep the bill under consideration, till

that time.

In this the house acquiesced: and havetaries' paper, and the draught prepared by a ing suspended all resolutions on the propricommittee of their own in answer to it, till their next sitting proceeded to the Indian thereon, transmitted them also, together with affairs, and having come to proper resolutions the following judicious message to the go

vernor, to wit:

"May it please the Governor,

"We have, on all occasions, acknowledged our grateful sentiments of the governor's regard and justice towards the Indians, our allies; and we now again return our hearty thanks for his continued care, and for communicating the intelligence he has received concerning their present distresses. In pursuance of which, we have resumed the consideration of the letters laid before the house, with the message of the 16th of October last, together with the governor's late message and papers, sent down to us before and since the return of the expresses despatched to Ohio. We have also carefully examined the messenger himself, and such Indian traders, and others, who could give us any information of the numbers, and designs of the forces, raised by the

And as to the former, it related to the currency-bill, returned at the same time with some few amendments, to which he, the governor, presumed the house could have no objection; and concluded with these remarkable expressions: "I cannot, however, but acquaint you, that in giving my assent to this bill, I have acted rather in compliance to your repeated application, than that, in my own judgment, I could think an addition to our currency at this time, absolutely neces sary: I am in hopes, nevertheless, that as the sum to be emitted is not exorbitant, it may be attended with no bad consequences to the province."

governor of Canada, and of the condition of the | ties to scour the woods before them, he had Twigtwees, as well as the other Indians, our not sent the present of condolence, for fear of allies, upon the waters of Ohio, and upon ma- its falling into the enemies' hands, &c. ture deliberation, have resolved to contribute generously to their assistance, by a present suitable to their want of the necessaries of life. Though the alliance between the crown of Great Britain and the Six Nations, and the protection and assistance they expect to receive in virtue of that alliance, is more immediately under the direction of the government of New York; and although Virginia, at this time, has entered largely into the trade, and will, no doubt, on the present occasion, assist them and their allies, yet we have always endeavoured, in proportion to our abilities, by presents, as well as by obliging our Indian traders to behave with justice towards them, to preserve their friendship; and on the present occasion, notwithstanding we have the misfortune to differ in sentiments with our proprietaries in the part they ought to bear in these expenses, we have rather considered the advantages both they and the province may receive by our liberality, which we have voted cheerfully, and recommended the distribution to the care of the governor, that the Six Nations at Onondago (upon any application to be made to him in their own behalf, or for their allies who reside to the westward, and are likely to be more immediately affect ed) may be satisfied, and the present intended them best answer their necessities, and our peaceable and friendly intentions."

The present was eight hundred pounds; two hundred pounds as a present of condolence to the Twigtwee nation, for the loss of fourteen of them, cut off in the preceding year, by the French and their Indians,* and the rest to be distributed by the governor among the other nations, at his own discretion.

Thus far all was calm and quiet; and at their next meeting, in the latter end of August, they received two other messages from the governor, relating to the money-bill and the Indian present: the latter importing, that he had not, as yet, received any application for any purpose whatever, from any of the Indians; nor even such well-grounded advices of their wants and distresses as to induce him to make any use of the credit reposed in him: that he had, however, despatched Weiser [the interpreter] for intelligence; and that, having received advices by all who came from the westward, that the French were on the march towards the Ohio, and had sent out their par.

* They suffered this loss in defence of some English

traders then in one of their towns. The French came with a strong body, and demanded that the traders and

their goods should be delivered up to them. The Indians determined to protect them, but were overpowered by numbers; some of the traders were killed, and the rest carried to Montreal, and afterwards sent prisoners to France. This was before the commencement of the present war, and one of the many hostilities of the like kind previous to our seizing their ships.

Now the principal of these amendments was the following proviso, viz. "Provided always, and it is hereby farther enacted by the authority aforesaid, that this act or any thing therein contained, shall not take effect, or be deemed or construed or taken to have any force or effect, until the same shall have received the royal approbation of his majesty, his heirs, or successors." Which proved to be so far from being unobjectionable. that, upon the question, the house unanimously reso.ved, "Not to agree to this amendment, because they apprehended it to be destructive of the liberties derived to them by the royal and provincial charters, as well as injurious to the prietaries' rights, and without any precedent in the laws of the province." And the governor, on the other hand, adhered, "Because the clause so proposed to be added was founded on the additional instruction from the lords justices, in pursuance of the commons' address above specified; which instruction had been known to the province ever since January, 1740; and consequently, they might see the reason of his adding it was such as he could not allow himself the liberty of receding from."

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And here it is to be lamented, that, while this affair was first under the consideration of parliament, neither the proprietary nor the provincial agent thought fit to lay those clauses of their charter before the house, by which the said proprietary and the assembly are entrusted with the whole legislative power, subject to the royal revision and ratification, and may even put laws not inconsistent with their allegiance in force, for the term of five years, without it; since, in all probability, that measure would have produced some such a temwhich ensued apparently for want of it. perament as might have prevented the broil

The assembly took the governor's reply immediately into consideration, and prepared a suitable rejoinder; in which having interwoven the unanimous resolution just specified, they declared themselves assured, from the report of their committee, to whom they

had referred both the clause and the exami- the terms granted them by the royal anu pro

vincial charter, without putting them to the disagreeable necessity of examining the validity of such instructions, &c. And, lastly, as to the issue of their inquiry, concerning the necessity of contending for the present amendments, they not only declared themselves at a loss to find it out, but also called upon the governor to comply with the general voice of the people, and the repeated unanimous applications of their representatives in granting them and the province the seasonable relief provided for in the bill, by giving his assent to it as it stood.

How the governor was circumstanced may be gathered from his actions: he adhered to his amendments, and returned the bill as before, with a written message, in which he persevered in holding up the instruction as an insurmountable bar, till revoked, to the assent required of him; urging, that his predecessor had done the same, in 1746: that the assembly admitted the validity of it in ordinary cases; and, without pretending to dispute, only hoped he would find himself at liberty, on a re-consideration, to give his assent, notwithstanding, to a currency-bill when any extraordinary emergency required it: that then, it seemed plain, they did not think an instruction, founded on an address of the com

nation of their laws, that there had not been one single instance of a law passed under such a restriction as that then contended for, from the first settlement of the province to that day. And here they might have safely stopt, if they had thought fit, seeing nothing could be added in their justification stronger than their charter-claims, and such a series of practice founded upon them: but, willing to be every way fortified, they entered farther into an inquiry, why so dangerous an experiment should be then pressed upon them without the least apparent necessity? and proceeded to show, that the instruction itself was a temporary one: that, though it was directed to a governor of that province among the rest, it neither did nor could suit their circumstances, either at that or any other time before or since: that this, having been manifested to and acknowledged by the lords of trade, the ends of it, as to them, had been fully answered: that the said lords, in their report to the house of commons, subsequent to that address to the throne concerning the paper currencies of America, having signified, that they would humbly propose that his majesty would be graciously pleased to repeat his orders to his governors of the plantations, not to give their assent, for the future, to any bill or bills for issuing or re-issuing paper-mons, was either illegal or temporary, or demoney, proceed to say, "We hope these pro- structive of their liberties; that if these were positions for reducing and discharging the then the sentiments of both governor and assempaper-currency of the plantations, may have bly, there was no room for the insinuation that a good effect in those governments which are he had been the first to press so dangerous an held by immediate commission under his ma- experiment; that if there was no instance bejesty; but we are very doubtful, whether they fore of a like clause offered, there was, perwill produce the like effect in the charter go- haps, no instance of the like instruction, which vernments, who do apprehend themselves by otherwise; it was to have been supposed, their particular charters and constitutions to would have met with the same dutiful obedibe very little dependent upon the crown, and ence; that a restraining instruction was, perfor that reason seldom pay that obedience to haps, on no occasion so necessary as in the his majesty's orders, which might be reason- business of money, over which the king had ably expected from them;" that, notwithstand- peculiar prerogatives; that if they could make ing what is here said concerning the repeti- it appear to his majesty's ministry, that an addition of these orders, they had good reason to tion to their currency was at that time necessabelieve those orders, at least to their govern- ry, the royal compliance was not to be doubted; ors, had never been repeated: that a bill, in that with regard to the former currency-bill which was a clause to inforce the orders and by them cited, he was still of the same opiinstructions of the crown in America had been nion; but that surely a very moderate share repeatedly brought into parliament, and as of penetration was sufficient to distinguish beoften rejected that the governor himself had tween an act to enforce all orders and instrucrepresented this bill (to restrain the issues of tions, and an instruction founded on an adpaper-money) as of mischievous tendency: dress of parliament; that they would certhat even the very proprietaries had made a tainly allow him to judge for himself in a merit of opposing it: that, as in the act of par-point recommended to his observance on pain liament for that purpose which did pass in of incurring his majesty's highest displeasure; June 1751, the eastern colonies alone were that he did not by any means blame them for included; so Pennsylvania was left in full pos- contending for what they apprehended to be session of its rights, even by the parliament their rights and privileges, consequently itself: that, as the date of the governor's com- could have no objection to their examining mission was many years posterior the date of the validity of the king's instructions, providthe instruction, they hoped and presumed, heed they proceeded with such temper and mowas at full liberty to pass all their acts upon deration, as might give the world no room to

repeat the charge brought against the chartergovernments by the lords of trade, of apprehending themselves very little dependent on the crown; and that, upon the whole, he was sincerely of opinion, the royal instruction was of the same force as when the late governor told the assembly, in the year 1746, he could not bring himself to such a pitch of boldness as to contravene it.

It is obvious, that the conjuring up the ghost of these departed instructions, was only to strike an awe into the assembly, and thereby prepare them for what farther practice, the new orders which could not but accompany the proprietary's paper already recited, might enjoin.

The king, the king's ministers, and the house of commons, were authorities too big for a provincial representative to compete with, and therefore it might be supposed their very names would serve.

But they were too wise and too steady to be amused, and the difference of language made use of by the proprietaries and their governor, was alone sufficient to warrant the different conduct they observed; for though the governor talked only of the sovereign power, the proprietaries talked only of themselves; "If we shall be induced from the state of your trade to consent to an increase of your paper-currency."

Not thinking themselves obliged, therefore, to consider what additional inducements were necessary to incline those great men to suffer their deputy to discharge the duty of his commission, the assembly chose to lose their bill rather than pay more for it than it was worth. Accordingly, the governor's amendments being again put to the question, were again rejected unanimously; and a committee was appointed to answer his message, which they did in such a manner as showed they were more anxious to do justice to their cause than make their court to the governor.

What governor Thomas did in passing the five thousand pounds act, they urged against what he said; the validity of instructions in ordinary cases, said to be admitted by the assembly of that time, they explain away, by saying, the distinction was only made use of to furnish the governor with a pretence, or inducement to pass the bill: that this was not the first instruction unlimited in point of time, and remaining as yet unrevoked, which neither was or would, as they hoped, be observed; since there was one still to be found in the council-books to governor Keith, dated July, 1723, requiring him, for the future, not to pass any private act without a suspending clause, till his majesty's approbation had been first obtained; that unfortunate, indeed, would the case of Pennsylvania be, if governors were never to be freed from the obligation of occasional instructions. "If the king," said

they, "should judge all the purposes of his instruction answered, upon passing the papermoney bill in parliament in 1751, we must, nevertheless, for ever continue under the burden of it without redress. And if we should suppose the governor is restricted by the proprietaries from giving his assent to the emission of any farther sum in bills of credit, as we have very little reason to doubt, if then the proprietaries should be pleased to withdraw that restriction, and leave him at liberty to pass all our acts upon the terms granted to us by our charters, what will this avail if the governor continues to think he can never be freed from the obligation of his instructions?" More materially still, they also subjoined the articles following, viz.

"We apprehend all royal orders and instructions subject the governors to whom they are directed, and their successors too, as the governor is pleased to inform us, to the royal displeasure, unless such instructions are revoked by his majesty's authority; and yet we cannot find that governor Keith, to whom it was directed, or governor Gordon his successor, or governor Thomas, or our present governor, have ever thought themselves under any danger of incurring his majesty's displeasure for a total neglect, and direct disobedience to the additional instruction of the lords justices in 1723, the original of which we make no doubt, as well as of the instruction of 1740, is in the governor's possession; and the substance of both we know to be printed with the minutes of our house. Why then an instruction, allowed to be in force in 1723, and still unrevoked, should be of no effect, and an additional instruction of 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

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