the particular limits of this province or not, I look upon to be very immaterial in the present case, though in my opinion they are clearly so: but be that as it may, our situation at present is certainly very alarming: the French on our borders are numerous, strongly fortified, well provided, and daily increasing; the small body of English troops on the frontiers, weakened by desertion from the independent companies, and the want of discipline in the new levies; the Six Nations of Indians, formerly our firm friends, divided among themselves, many of them gone over to the French, and others wavering and in doubt whether to follow their brethren, or continue with us; the neighbouring provinces (except Virginia) though nearly interested in the issue of the present affair, either contributing nothing towards the common cause, or sparingly: and though Virginia has indeed given thirty thousand pounds, yet it will avail but little, unless a considerable body of troops be sent from this province, and kept up till the work is done. "Permit me, therefore, gentlemen, to press this matter upon you: exert yourselves upon the present occasion; dissipate the cloud that hangs over your country, and save her from the threatened destruction. His majesty, ever anxious for the welfare of all his subjects, excites and commands us; the eyes of a British parliament, of the people of our mother country, of the other American colonies; and even of all Europe, are upon us; and the fate of this country, the happiness or misery of your posterity, very much depend on your resolutions." Thus Pennsylvania alone must be put in the front of the battle, must undertake for all, pay for all, &c. and is goaded on so to do by the very proprietaries and their deputy, who should have stood in the gap, and endeared themselves to the province, by endeavouring to have the load laid as equally on the whole continent, and the effort made as generally as possible. It is visible, the governor's name signified nothing, whether Hamilton or Morris, except that the hardest driver was sure to be the best thought of by his employers: and it was but natural, that the assembly should be as resolute to continue the province in such a state as might render it worth preserving, as they were willing to contribute whatsoever they properly could towards its preservation. Pennsylvania was more dear to them for the excellency of its constitution, than the excellency of its soil; and whatever the narrow notions of proprietaries may be, as the liberty of the province is diminished, the value of their possessions in it will diminish in the same proportion. To discharge all duties at once, therefore, they again put the demands for the general service, and those for the particular interest of the province, upon the same footing, by the old expedient of a currency bill, providing for striking the sum of forty thousand pounds in bills of credit; one moiety for the king's use, and the other for replacing damaged bills: which they sent up to the governor for his concurrence, with a written message, of which what follows was the most material part. 6 "Though we hope the number of the French, and their Indian allies, mentioned in George Croghan's letters are full large, yet the uncommon efforts they have made towards obtaining a possession on that part of his majesty's dominions, are truly alarming, and dangerous to the British interest in North America: and we have good reason to believe, the sums granted the king by our late assembly, had the then governor been pleased to pass the bills offered to him for that purpose, might in a great measure, if not totally, have prevented the bad situation of our affairs at present,' and have placed our duty to the best of kings, as we desire it should always appear, among his most loving and loyal subjects. And for this reason, it is with concern we find, by the above mentioned letter from the secretary of state, That it was with great surprise the king had observed, in our late governor's answer to the earl of Holdernesse, he had been totally silent on that part of his majesty's orders, which relate to a concert with the other colonies.' But as we have great confidence in our governor, that he will at all times afford us all good offices and protection, and will be pleased to represent us and our affairs in a favourable light, as we hope he may do with great justice; so, on our part, we shall not fail to contribute every thing in our power to answer all reasonable expectations from so young a colony, so far as is consistent with our civil and religious liberties; beyond which, under so good a king, we are well assured nothing further will be asked or expected from us: and, in return for the governor's justice and protection, it will give us particular pleasure to make his administration in this province easy to himself, and honourable to all." Amazing was the answer by the governor, on the sixth day. afterwards returned: for having, at his very outset, taken shelter under the old exploded instruction to governor Thomas, and Ryder the attorney-general's opinion upon governor Hamilton's case, delivered in the following compendious manner: "I am of opinion, it is by no means safe or adviseable, or consistent with his duty, to pass such bills, without a suspending clause ;" and suggested, that he could not by any means agree to the said bill, because forbid by the said instruction, without such a clause. He then proceeded to say, "however, as the act of parliament restraining the four eastern go vernments from emitting paper-currency, to repair to Virginia, there to be completed to gives them a power to strike bills of credit in case of emergency, I hope I shall be justified in thinking the reason holds good as to us who are in the greatest danger, being already invaded by the French, and in immediate expectation of outrage from the Indians in their alliance: I will therefore join with you in any bill for striking what sum you shall think our pressing occasions demand, provided a fund be established for sinking the same in five years. "I am exceedingly obliged to the house for their kind sentiments with regard to me, and shall make it my peculiar care so to act as to merit the continuance of their good opinion; and can truly say it is no small mortification to me to be obliged to differ in opinion from the representatives of the province, who, I am convinced, act from upright motives, and what they esteem to be its true interest; but would willingly hope, when they come to reflect on the obligations I am under to pay obedience to his majesty's instructions, that they will not press me to disobey them; especially when they consider, that, should I disregard my own honour and safety in passing a bill circumstanced as this is, there is great danger of its being disapproved by his majesty; and what loss and confusion such an event would cause in the province, by the paper-bills becoming of no value, I need not particularly mention." From the year 1740, down to the time of this altercation, his majesty's ministers had never once interfered in this dispute; nor in these requisitions from the secretary's office, in the king's name, of aids from his American subjects, is the least trespass on the right of the subject, by any injunction direct or indirect concerning the mode of raising these aids, to be traced and yet this petty proprietary governor dares to make a bugbear of his majesty's disapprobation, at the same time, and in the same breath that he leaves a gap for dispensing with the very instruction he pleads, provided the proprietary turn is served, of reducing the term to five years. It is moreover reasonable to think the governor had in his hands at this very time a third letter from the secretary of state, now sir Thomas Robinson, dated October 26, 1754: for on the very next day after this message was delivered, he sent down a copy of the said letter to the house, accompanied with another written message so timid and constructed, as to render it as embarrassing as possible. 66 seven hundred; as also to send orders to governor Shirley and sir William Pepperell, to raise two regiments of one thousand men each; for which officers were to be appointed, and to repair to America forthwith; all to be commanded in chief by a general officer of rank and capacity, accompanied by a deputy-quarter-master-general, and a commissary of the musters, who were likewise to set out as soon as conveniently might be, in order to prepare every thing for the arrival of the regiments to be sent, and those to be raised. What follows is in the very words of the letter, viz. You will receive from that general, and the other officers just mentioned, a full and exact account of the arms, clothing, and other necessaries, to be sent upon this important occasion; as likewise of the ordnance stores, and of the officers and attendants belonging thereto : all which being ordered for this service, are such proofs of his majesty's regard for the security and welfare of his subjects in those parts, as cannot fail to excite you to exert yourself, and those under your care, to take the most vigorous steps to repel your common danger; and to show that the king's orders, which were sent you last year by the earl of Holdernesse, and were renewed to you in my letter of the 5th of July, have at last roused that emulation and spirit which every man owes at this time, to his majesty, the public, and himself. The king will not therefore imagine, that either you, or the rest of his governors, will suffer the least neglect or delay in the performance of the present service, now strongly recommended to you, particularly with regard to the following points, viz. That you should carefully provide a sufficient quantity of fresh victuals, at the expense of your government, to be ready for the use of the troops, at their arrival. That you should likewise furnish the officers, who may have occasion to go from place to place, with all necessaries for travelling by land, in case there are no means of going by sea; and that you should use your utmost diligence and authority in procuring an exact observance of such orders as shall be issued from time to time, by the commander in chief, for quartering the troops, impressing carriages, and providing all necessaries for such forces as shall arrive, or be raised within your government. "As the articles above-mentioned are of a local and peculiar nature, and arising entirely within your government, it is almost needless for me to acquaint you, that his majesty will expect, that the charge thereof be defrayThis third letter imported, that the mi-ed by his subjects belonging to the same. nisters had at last come to a resolution of taking some measures of their own for the defence of America. Amongst others it was said, the king had commanded two regiments of foot, consisting of five hundred men each, But with regard to such other articles, which are of a more general concern, it is the king's pleasure, that the same should be supplied by a common fund, to be established for the benefit of all the colonies collectively in North America; for which purpose you will use your utmost endeavours to induce the assembly of your province to raise, forthwith, as large a sum as can be afforded, as their contribution to this common fund, to be employed, provisionally, for the general service of North America, particularly for paying the charge of levying the troops to make up the complement of the regiments above-mentioned, until such time as a plan of general union of his majesty's northern colonies, for their common defence, can be perfected. "You will carefully confer, or correspond, as you shall have opportunities, upon every thing relative to the present service, with the said general, sir William Pepperell, and go vernor Shirley, or either of them; and as it is the king's intention to give all proper encouragement to such persons who shall engage to serve upon this occasion, you will acquaint all such persons, in the king's name, that they will receive arms and clothing from hence, and that they shall be sent back, if desired, to their respective habitations, when the service in America shall be over. "As the several governors in all the king's provinces and colonies in North America will receive, by this conveyance, a letter to the same effect with this which I now send you, they will be prepared at the same time to obey his majesty's commands.—And I am to direct you to correspond with all, or either of them, occasionally, as you shall find it expedient for the general service." lies before us; nevertheless, we do assure him, that though in a matter of small importance we might not, perhaps, be very tenacious of our own sentiments; yet, in this case, our all is concerned, and if we should not act becoming the rights our birth, as Englishmen, entitles us to, we might appear unworthy of the regard we have already experienced, and have good reason to hope for hereafter, from a British parliament." "It appears that the case, as stated to the attorney-general, regards only emissions of bills of credit on common and ordinary occasions; and, in our opinion, very little, if it all, affects the present bill: and it is remarkable, that there is not the least notice taken of the act for granting five thousand pounds for the king's use, which governor Thomas passed without a suspending clause, by extending this very excise act for ten years, which we have now again extended for the same term of years only, and loaded it with a grant of twenty thousand pounds. "As colonel Thomas gave his assent to that act after the receipt of the additional instruction, which the governor has now sent down with our bill, and as we presume he has no other or later instructions from the crown, though he has since received the royal approbation, we hope he will not think himself more restricted by it, than the gentleman to whom it was immediately directed; who has never suffered in his honour, that we know of, or incurred the king's displeasure for giving his assent to that bill, and at this time holds a government of great importance under the immediate powers of the crown. It is plain by the general drift of this letter, that it related equally to every governor and every government of North America: and yet the governor of Pennsylvania did his best to "Governor Hamilton, we find, entered into narrow the application of it to Pennsylvania bonds and penalties (among other things) that only. These are his words:" you will he shall from time to time, and all times, observe by the secretary of state's letter, that hereafter, so long as he shall continue lieuit is his majesty's pleasure we should contri-tenant-governor of the said province, observe, bute as far as we can to the having about three perform, and obey all such directions and inthousand men in readiness to enlist; that we structions, which now are, or shall at any should provide a quantity of fresh provisions time be given, or sent to him, by his majesty, for the troops, and necessaries for the officers his heirs, and successors, or from any person that may have occasion to travel by land; that or persons, now acting, or that hereafter shall the orders to be issued by the commander in act, by authority from his majesty, his heirs chief for quartering the soldiers, and impress- and successors, and pursuant to, and for the ing carriages, should be carried into exact ex-putting in execution the several acts of trade ecution; and that all necessaries should be provided for such troops as shall arrive or be raised within this government.-His majesty expects, that as the several articles, abovementioned, are of a local and peculiar nature, and arising entirely within this government, that the charge thereof should be defrayed by his subjects within the same." To both these messages the assembly immediately applied themselves, to prepare suitable answers; and, beginning with the first, among other things said, "We have the misfortune to differ in opinion from the governor, after considering the case maturely as it now VOL. II.... H and navigation, relating to the plantations, &c. which bond, or bonds of the like tenor, we presume our governor may have entered into before he received the royal approbation: and yet our late governor seems clearly in his reasoning with former assemblies, to have acknowledged he thought himself at liberty to pass acts of the tenor of our present bill for granting money for the king's use; and never offered a suspending clause, notwithstanding his bonds to the crown; but whether he might, or might not, be safe in passing a bill of the kind mentioned in his state of the case, could regard himself only, and does, by no means, And the answer to the second was as follows: determine the rights we claim under the royal | his assent to our bill? and, if he has, that he charter. And we have the pleasure to assure would be pleased to lay those instructions bethe governor, we have been credibly informed fore us for our consideration." that the board of trade, about a year ago, stated a question to the attorney and solicitor-general, with respect to the validity of this instruction of a suspending clause, over governments claiming particular rights by charter; to which they have not yet given any answer, that we can learn. And we know, that notwithstanding two bills extending the royal instructions over councils and assemblies in America had been attempted in parliament without success, and a third bill was brought in with the same clause, yet it could not obtain a passage there. And we are informed, that a noble friend to liberty and the rights of the British subject, a member of that house, exposed this third attempt so fully, upon the second reading of the bill, that the clauses on this head objected to were dropt without a division in the committee. And until such acts of parliament shall be obtained, which we have good reason to hope will never be imposed upon us, the governor must agree with us, that it is our duty to defend the rights and privileges we enjoy under the royal charter. "As in the present case, we are not bound by any acts of parliament, and are certainly clear of the act limiting the eastern colonies, both as to the force and the intention of it, we hope the governor, from his known abilities and good will to the prosperity of this province, will immediately discern the difference between this bill and acts of assembly creating bills of credit on common and ordinary occasions. What force royal instructions may have on bills of credit passed on common and ordinary occasions is not immediately before us, and may be considered at a proper time. But we hope the governor, notwithstanding any penal bond he may have entered into, will, on reflection, think himself at a liberty, and find it consistent with his safety and honour, to give his assent to this bill, which may, at this time, be of such great service to the British interest in America. "The undoubted proofs his majesty has ever given of his gracious and paternal affection for all his subjects, however distant from his royal presence, and the fresh marks we have now before us of his care and regard for the welfare and security of his subjects in North America, excite in us the warmest returns of duty and gratitude; and we hope we have fully testified, that we have nothing more at heart, in all our deliberations, than to answer the reasonable expectations of the crown from this young but loyal colony. We have cheerfully passed a bill for granting twenty thousand pounds for the king's use, which now lies before the governor for his approbation, and we hope will answer all the purposes recommended to his care by sir Thomas Robinson's letter of the 26th of October last." It was now the governor's turn; and the reader must recollect his former declarations, in order to wonder enough at his introductory paragraph, which was as follows: "Gentlemen, when your bill for striking twenty thousand pounds, &c. was before me, I duly considered the dangerous circumstances in which the province was involved; and the absolute necessity of speedy measures to remove the French from their encroachments, and this induced me, instead of adding a cause to suspend the force of the act till his majesty's pleasures could be known, to send it back to you, that you might frame such a one as I was at liberty to give my consent to; and at the same time to signify to you, that I would agree to the striking any sum the present emergency might require, provided funds were established for sinking the same in five years, that being the term prescribed by an act of parliament for regulating paper-money in the eastern governments; and I thought the reason of that act extended here, though the force of it did not; and I hoped that 1 "But if we should unhappily still differ in should be excused, if I so far relaxed the inopinion, notwithstanding these reasons, and struction upon the present occasion, as to act such as have been offered by our former as- agreeable to the rule laid down by parliament semblies, we must be obliged, as our last re- for the neighbouring governments, and I am source, to apply to the crown for redress, or sorry, for the sake of the public, to find by your to the lords of trade, or our proprietaries, as message, that you have so far misapprehendthe case may require; in which, we doubted me, as to conceive that I intended to insist not, the governor will favour us with his assistance. And in order to furnish ourselves with every thing necessary for our own vindication, and that this case may appear in its full light, we entreat the governor will be pleased to inform us, whether the royal instruction is the only impediment; or whether he has any farther instructions from our proprietaries, which influence him in refusing on the suspending clause in this dangerous situation of affairs, which the words of my message do in no wise import, and that upon the whole, you refuse to accede to the reasonable measures I proposed."-Proceeding then to Ryder's opinion; he would not allow, it regarded only common and ordinary emissions: said, that if governor Thomas was never censured for dispensing with the instruction, it was because the transaction itself had never | by his majesty, in a manner agreeable to his been made known to his majesty or his minis- royal directions [it has been already observed, ters; that the fact mentioned by them, relat- that no manner had been, or could be, with ing to the case laid by the lords of trade be- propriety, directed by the king] they insisted fore the attorney and solicitor-general, was on his passing the bill, in the shape they had quite unknown to him; that, however, when sent it up, though before informed he could they should report their opinion, and his ma- not do it; that he then again assured them, jesty should think fit to issue different instruc- he would not assent to that or any other bill tions, he should endeavour to pay the proper for emitting paper-money, but upon the terms obedience; that the debates in parliament, &c. above-mentioned; he also took occasion to had little connexion with the matter then be- add, among other things, that this dispute so fore them; that though the parliament did not long depending, might certainly have receivagree to give a general sanction to all instruc- ed his majesty's determination long ago, had tions from his majesty, yet the instruction in they applied for it-[which, by the way, question having been the result of addresses might have been retorted with equal truth on from both houses, it could not be doubted but the proprietaries]-That, were there no other they would support their own act; that he method of raising money for the present serjoined with them in opinion, that the only me- vice, but that by them proposed and insisted thod to have the validity and force of the same upon, their conduct might have appeared in a finally determined would be by an application more favourable light; but that as they had, to his majesty, and was desirous they should or ought to have bad in bank, by the laws in lay the whole affair before his majesty's mi- being, fourteen or fifteen thousands pounds, nisters; that being, as he was, in a great mea- together with a revenue of seven thousand sure, a stranger to their constitution, the pro- pounds a year; as the city and province were prietaries' instructions were quite necessary in rich and flourishing circumstances, the peoto him; that those he had received from them, ple numerous, and burdened with none or very were so perfectly calculated to promote and trifling taxes, he could not consent to pass the secure the happiness of the province, and so bill proposed; it being (said he) a direct reasonable in themselves, that they required breach of a royal instruction intended to ennothing of him, but what he should have force an act of parliament of the sixth of queen thought it his duty to do without them: that Anne, which [whether act or instructions is though he did not think it quite decent, and doubtful] they knew had been shamefully he believed unprecedented, for a governor to slighted and disregarded in this and the neighbe called upon for a sight of his instructions, bouring provinces. Upon the whole," conhe would nevertheless communicate them to tinued he, "you will consider, gentlemen, in the house whenever the public service should what light you will appear to his majesty and require it; that, accordingly, he took that op- a British parliament, who are expending great portunity to acquaint them, that he had it in sums of money for the defence of these colocharge from the proprietaries, to recommend nies, while you, the very province most conto them, in the most pressing manner, to pro- cerned as being invaded, instead of contributvide with all imaginable despatch for the de-ing towards your own defence, are entering fence and safety of the province, not only by affording such aids as his majesty from time to time should require, but by establishing a regular militia, providing arms and stores of war, and building proper magazines; all to be done in such a manner as to be least burdensome to the inhabitants, and particularly so, as not to oblige any to bear arms who were or might be conscientiously scrupulous against it; that he required this, in pursuance of the proprietaries' instructions; and that he was the more urgent in it, because the province never had been in more imminent danger than it was at that time: that being to give true and exact accounts of the state of the province to his majesty and his ministers, as well as to the proprietaries, he desired a clear and determinate answer to this point, that he might be able to lay the same before his majesty in such a manner as might make the interposi- "Before we enter upon the consideration of tion of parliament unnecessary; that he was the other parts of the governor's message of really concerned to find, that instead of pro- the 24th instant, we must acknowledge ourviding for the articles recommended to themselves engaged to return him our hearty 66 into an ill-timed controversy concerning the validity of royal instructions, which might have been determined long ago, and may be delayed to a more convenient time, without any the least injury to the rights of the people. Let me, therefore, gentlemen, once more recommend the present unhappy circumstances of this country to your most serious consideration; and entreat you to lay aside (for the present at least) every thing that may admit of any dispute, and enter heartily into such measures as may best answer the public expectations, and assist his majesty in the measures he has concerted, and is carrying into execution, for the preservation of this country." The assembly again, as if to give the governor time for second thoughts, sent him up the reply that follows. |