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might be easily induced, for proper considera- | tablished for sixteen years, the merchants tions, to take that difficulty out of their hands: trading to the eastern colonies of America, and, as to military service, under all English took occasion to complain to the house of tenures whatsoever, no man could be compel- commons, of the inconveniences and discouled to serve in person, who made it his choice ragements brought on the commerce of Great to serve by proxy. Britain in those parts, by the excessive quantities of paper money there issued, and the depreciated condition thereof, for want of proper funds to support its credit. The house, by way of palliative, addressed the throne to put a temporary stop to the evil, by instructing the several governors, not to give their assent to any farther laws of that nature, without an express proviso, that they should not take effect till his majesty's approbation had been first obtained.

Add to all this; that William Penn himself does not appear to have been under the dominion of these scruples; he having taken care in his charter from the crown (sect. 10.) to be invested with all the powers ever bestowed on a captain-general (which were also to descend to his heirs and assigns) "to levy, muster, and train all sorts of men, of what condition soever, or wheresoever born, and to make war and to pursue such enemies as should make incursions into the province, as well by sea as land, even without the limits of the said province, and, by God's assistance, to vanquish and take them," &c.

And, lastly, if ever involved in the quarrels of the mother-country, and obliged to take their share of the common duty and the common danger, they might reasonably hope for all the protection from thence they might stand in need of, on the condition of contributing all that was in their power, consistent with their principles, towards.it.

Such instructions were accordingly sent; and those to the governor of Pennsylvania were dated August 21, 1740. Notwithstanding all which, the lords of trade and plantations (having already in their hands a full and clear account of the currency, as established by the eighty thousand pounds act, as also of the rates of gold and silver, from the year 1700 to the year 1739; and having been moreover convinced, by the merchants trading to that province, that such a sum was not only reasonable but necessary for carrying on the commerce of the country) thought fit to recommend the said act, to the royal acceptance and ratification; and ten days after

This they have occasionally done from colo. nel Fletcher's time downwards, and they would have done more, if the proprietary calls and those of their deputies had not put it outwards the lords justices passed it into a law. of their power.

Allowing, therefore, that this unresisting principle would have been a solecism in the construction of an independent state, it was not, provincially speaking, destitute of proper palliatives.

At least, scruple of conscience is at all times, and in all cases, less blameable than the wanton experiments tried upon the province, even by the proprietary's own agents: first to scatter terrors among the peaceable inhabitants, and then to plead the necessity of a military force from the effects of their own wicked devices.

Of this nature was the false alarm raised in the queen's time by Evans and Logan: a fact which stands charged against them, in the records of the assembly, at this very day; and which, as often as recollected, will ever suggest a fear, that a measure, so unwarrantably contended for, would, if obtained, be as unwarrantably made use of.

We have now such a summary of the state of Pennsylvania, from its origin, before us, as may render every branch of the controversy still depending, familiar to us: and, as facts are best seen and understood in order of time as they occurred, we shall do our best to follow the thread as it lies.

Here the affair slept for several years, except that the assembly, in conformity to an order, which accompanied the instructions just mentioned, caused a second state of their currency to be transmitted the following year to the lords of trade: and before it was again resumed in parliament, the several incidents, next to be recited, took place.

When the attempt upon Carthagena was under consideration, the northern colonies were called upon to furnish soldiers for that service, and Pennsylvania among the rest. The assembly was at that time composed, as it had hitherto generally been; consequently this demand could not but be productive of scruples and difficulties in point of conscience; that, however, they might discharge all obligations at once, they voted four thousand pounds for the king's use, and the governor took upon himself to raise the soldiers.

This was a duty of office; and, if he had discharged it properly, what would have given universal satisfaction. The labour of the plantations is performed chiefly by indented servants, brought from Great Britain, Ireland, and Germany; nor, because of the high price it bears, can it be performed any other way. These servants are purchased of the captains who bring them; the purchaser, by a positive In April, 1740, when the paper currency of law, has a legal property in them during the the province had been just increased, as above term they are bound for; can sell or bequeath specified, to eighty thousand pounds, and es-them; and, like other chattels, they are lia

ble to be seized for debts. Out of these, nevertheless, did the governor make his levies. A ferment ensued: the owners were tenacious of their rights: the governor stood upon prerogative as paramount to all: the dispute was brought into the courts; and such was the terror of power, that the aggrieved was forced to repair to New York for advocates.

The assembly, seeing no other remedy, thought themselves bound to defend the rights of their constituents; and did defend them accordingly, by refusing to part with their supply, unless these servants so unjustly taken from their masters were restored. The governor was obstinate, and so the money was, at last, applied, as it ought, to indemnify them for the injury they had sustained.

That, however, they might not be misrepresented or misunderstood at home, as deficient in zeal for the public, or backward to contribute to the service, they came the next year to the following vote, to wit: The house, taking into consideration the many taxes their fellow-subjects in Great Britain are obliged to pay towards supporting the dignity of the crown, and defraying the necessary and contingent charges of government, and willing to demonstrate the fidelity, loyalty, and affection of the inhabitants of this province to our gracious sovereign, by bearing a share of the burden of our fellow-subjects, proportionably to our circumstances, do therefore, cheerfully and unanimously resolve, that three thousand pounds be paid for the use of the king, his heirs and successors, to be applied to such uses as he in his royal wisdom shill think fit to direct and appoint." And the said three thousand pounds were afterwards paid into his majesty's exchequer by the agent of the province accordingly. A free gift, if ever there was one, from subject to Sovereign; and, however small, a sufficient voucher for the good intentions of those who made it.

which they cheerfully concurred in doing, seduced by their interests and their inclinations into a belief, that the whole line of our colonies would not be thus agitated, nor their Indian allies induced to take up the hatchet in conjunction with them, merely by way of feint to facilitate a peace.

Forces were every where raised by the several governors, and the assembly of Pennsylvania voted five thousand pounds for the king's use, or, in other words, as their contingent for this pretended national service. The money so voted being more than their revenue could furnish, they proposed to raise it by an addition of the like sun to their paper currency; in which case the king would be served, the provincial capital would be so far enlarged, and the interest arising from it would, in a due proportion of time, discharge the principal.

And here began the first dispute between the governor and the assembly on this topic : the governor pleaded the instruction of 1740 as a reason, why he could not bring himself to such a pitch of boldness as he apprehended was necessary to the contravention of it; and therefore urged them to find out some method less exceptionable for raising the said sum: and they, willing to comply as far as possible with his scruples, so far receded from their point to that time as to issue it out of the money dormant in the loan-office for exchanging torn and illegible bills, and to replace it by a new emission of bills to the same amount, to be sunk out of the product of the excise in ten years. Upon which the governor waved the instruction, and passed the bill; five hundred men were raised and supported by it, for near eighteen months, employed chiefly in defending the frontiers of New York, when the expedition at length was dropped and the troops disbanded.

A formal bill to restrain the northern colonies in general, from issuing paper bills of In the beginning of the year 1745, the pro- credit, it must be observed had been brought ject against Louisburgh, having been carried into parliament, but not perfected; and in in the assembly of New England by a single the year 1748 again upon which occasion vote only, was imparted to the assembly of the next governor of Pennsylvania, James Pennsylvania by governor Shirley, with a de- Hamilton, Esq.; in a message to the assembly sire, that they would contribute thereto : but, in October 1749, made use of the following though they could not be prevailed upon to remarkable expressions: "I take it for granttake any part in an enterprise which to them ed, we are all sensible of the mischievous appeared so desperate, they voted four thou- tendency of the bill that was brought into parsand pounds in provisions, for the refresh-liament the last year, to regulate and restrain ment and support of the brave troops who had taken the place, as soon as it was known they were in possession of it, and that such supplies were wanting.

In the beginning of the year 1746, the ministers affected to entertain a project for the reduction of Canada. By letters from the secretary's office, dated April 6, the northern colonies were severally called upon to contribute their respective quotas towards it;

paper bills of credit in the plantations (in which there was a clause to enforce the orders of the crown in his majesty's American dominions) and it is not improbable, that something of the same kind may be offered in the ensuing session. I persuade myself you will give your agent full instructions upon this subject, in case it should become necessary for him to oppose it: the honourable proprietaries at that time laboured and with success

pense for the service of the province both in England and there: that they pay the Indians for the land they purchase: and that they are no more obliged to contribute to the public charges than any other chief governor of any other colony."

to avert the mischiefs that threatened this | fairs; that they had been at considerable exprovince from the passing of the said bill; and I have it in command from them to assure you of their assistance upon all future occasions, wherein the welfare and happiness of the people of this province may be concerned." This had a favourable appearance towards the province, and from hence it might well be supposed, that the issues from this source would never be productive of any deep or lasting strife.

In answer to this, the assembly, May 1751, respectfully represented, "that the preserving a good understanding with the Indians was more for the interest of the proprietary estate than that of any other estate in the province, as it gave the proprietaries an opportunity of purchasing lands on the frontiers at a low price, and selling them at a high one, which would other

But though the springs had not as yet broke out with any violence, they were working their way under ground. The growing charge of Indian affairs, which lay wholly on the province, and which, on the head of pur-wise be impracticable: that, therefore, the obchases, as before explained, was productive of great advantages to the proprietaries, began to be the subject of public complaint: and by these suggestions of the importance of the proprietaries at home, the people were to be taught the danger of disobliging them.

But if this was their view, it did not answer: the assembly had too much discernment to be diverted from the object before them by the interposition of another, how dextrously soever the trick was performed, and therefore proceeded, notwithstanding, to take this affair into consideration.

It is scarce necessary to intimate, that the governor, and the creatures of the government, did all they could, not only to discourage them in it, but also to convince them, in effect, that, according to the usual current of the world, all advantages are the prerogative of those above, and all burdens the inheritance of those below.-This may indeed be agreeable to the usual current of the world: but then as such doctrines are not over palatable anywhere, so in a free government like Pennsylvania, it was not to be thought they would be swallowed at all. They were neither to be convinced nor discouraged it seems: on the contrary, they persevered; they examined; they reported; they resolved; and at last applied to the proprietaries, to do what equity required, by taking a share of the charge upon themselves.

ligations of justice and equity being stronger than those of law, they were certainly bound by them to contribute to the expense of those Indian treaties and presents by which the good understanding so beneficial to them was maintained; that though taxes in form, for the immediate support of the proprietaries' substitute, and for defraying the charges of these Indian treaties, had not of late years been imposed on the province, the charge of all (by the interest of the paper-money, which was a virtual tax, the excise, which was a real one producing about 3000l. per annum, and the tax arising from licenses of various kinds, amounting yearly to a sum not inconsiderable, and appropriated wholly to the governor's support,) was paid by the province: that the assembly had always paid the Indian interpreter for his public services to his full satisfaction: that they believed future assemblies would not fail to do whatever could be reasonably expected from them in regard to his son, when he should be qualified to succeed him; as also to discharge all just debts for expenses properly chargeable to the province, whether incurred there or in England, whenever the accounts should be exhibited: that by the act forbidding all but the proprie taries to purchase lands of the Indians, they had obtained a monopoly of the soil, consequently ought to bear the whole charge of every treaty for such purchases, as the profit was to be wholly theirs: that their paying for land (bought as was conceived much cheap

The proprietaries, on the other hand, announced in their reply, "that they did not conceive themselves to be under any such ob-er on account of the provincial presents acligation, even though the people had been taxed for the charges of government: that as not one shilling had been levied on the people for that service, it was so much less reasonable in the people to ask any thing of them: that they had, notwithstanding, charged themselves with paying their interpreter even much more than could be due to him on their account, and were also then at the expense of maintaining his son with a tutor in the Indian country, to learn their language and customs for the service of the country; as well as of sundry other charges on Indian af

companying those treaties) was not a satisfactory reason, why they should not bear a part of the charge of such other treaties as tended to the common welfare and peace of the province: and that upon the whole, as the interests of the proprietaries were so constantly intermixed, more or less, with those of the province, in all Indian treaties, and as it appeared the proprietaries thought they paid more than their share, while the people thought they paid abundantly too much, they apprehended the surest way to prevent dissatisfaction on all sides, would be to fix a certain

proportion of the charge of all future provin- | seem to act too precipitately in an affair of cial treaties with the Indians, to be paid by such importance, they chose to make a short the proprietaries and province respectively: adjournment before they took his objection inwhich, not only as a proposal equitable in it- to consideration." self, but conducive also to preserve that union and harmony between the proprietaries and people, so evidently advantageous to both, they hoped, would, on further consideration, be agreed to."

How this was received we shall see in its place.

The assembly proceeded soon after, to take into consideration the growth of the province, and the state of their commerce; and finding both to be such as required an extension of their paper-currency, on the same grounds and for the same ends as at first gave rise to it, unanimously resolved to strike an additional sum of twenty thousand pounds, in order to replace defective bills, and increase the provincial capital, in proportion to the increase of inhabitants; as also to re-emit and continue the sums already in circulation.

Adjourn they did accordingly; and at their next meeting, which was towards the end of May the same year, found themselves earnestly pressed by a message from the governor, on one hand concerning Indian affairs, and on the other by petitions from a considerable number of inhabitants, for a further addition to their paper-money, supported by a variety of allegations of the most interesting and affecting nature.

The governor's message, whether premature or not will best appear from the sequel, prepared the house to expect, "that the country of Alleghany situate on the waters of the Ohio, partly within the limits of Pennsylvania, partly within those of Virginia, already was or soon would be invaded by an army of French and Indians from Canada: in which case the Indians inhabiting there, who were A bill was accordingly prepared in Janu- a mixture of the Six Nations, Shawnese, Deary, 1753, and sent up to the governor (Ha-lawares, and Twigtwees, lately recommended milton) for his concurrence; but though that gentleman was a native of the province, with rather better qualifications for his post, and, as may be supposed, more affection for the people than is common with governors, he had his reasons for not seeing this provincial point in the same light that the province did, and therefore returned the bill in a day or two, with his negative upon it: qualified indeed with expressions of concern for his so differing in opinion with them, but founded in the dislike raised in Britain by the late too general and undistinguishing complaints against the plantation bills of credit, which rendered the time very unseasonable for any application to the crown concerning the extension or re-emission of theirs: and fortified by a caveat, which sounded so much the more plausible, as it seemed to be drawn from their own premises, namely, that the many advantages they derived from the use of paper-money ought to make them extremely careful, how they took any step which might possibly endanger it.

The assembly, on the other hand, gladly fastened on an acknowledgment so express in favour of the thing; and, from the same sense of it, declared themselves to be equally careful with the governor in the conduct and direction of it: but having so done, they went on to say, "that as they did not think the dislike raised in Britain of the plantation bills, was so general and undistinguishing, or still so warmly subsisted as the governor seemed to apprehend, so neither did they conceive the time to be unseasonable for an application to the crown about theirs: that they were equally concerned with the governor for their difference of opinion, and that they might not VOL II....E

as allies to the province by the said Six Nations, would be obliged to leave the country, and his majesty's subjects trading with thei would be cut off, &c. unless timely warned by the messengers sent to them by himself for that purpose: that Montour, an interpreter, had heard the French declaration delivered, and the reply of the Indians, which was firm and resolute, but not to be relied upon as they were in want of all things.”— So far was matter of intelligence. The rest was a pathetic representation of dangers and mischiefs to be apprehended on their own frontiers, and exhortations to enable him to give the Indians assistance answerable to their exingencies.

And upon the heels of this message, the governor also communicated to them the answer of the proprietaries to the representation of the assembly above exhibited; and which if purposely calculated to divide the province and inflame the animosities already kindled, could not have been better framed or better timed for those fatal purposes.

Professions of attachment to the true and real interest of the province, of sparing no cost or pains whenever it should appear to them necessary to advance it, and acting such a part in considering the matter of the representation as all disinterested persons should think just, they set out with and, having made this ground for themselves, they proceed to charge the assembly with being actuated by ill will to them on one hand, and a desire to ingratiate themselves with the weaker part of the electors on the other. In the next paragraph they say, after we had "ordered our governor to give you the answer which he did, to your former application, we

arising from the excise and the provincial bills: again assert, that the annual expense of government for a series of years, including Indian charges, amounts to little more than half that sum: and that of all this revenue, about four hundred pounds a year only has, on an average, for twenty years past (and great part of that time during war) been expended in presents to the Indians and charges on that account, which they could not conceive to be a large sum, compared with that revenue, the manner of its being raised, and so important a service as that of keeping the "united nations of Indians in the interest of Great Britain.

had no reason to expect a repetition of the application directly to ourselves, as you might well suppose we had considered the matter before we had returned our first answer, and the repeating the request could only produce the repeating the answer, the occasion for which does not appear to us. It is possible, that one purpose may be in order to show more publicly this difference in opinion between us and yourselves; and if that was ever intended, it will be convenient we should set this matter in a clear light (although it may make our answer longer than we could wish) that the true state of the matter may appear." They then urge the authority of the board of trade, in justification of their former assertion, that they were no more obliged to contribute to the public charges, than the chief governor of any other colony: they will not allow that their honoured father had any assistance from the people in making his purchases, or that there is the least colour for pressing them so unseasonably to contribute to the public charge, seeing that the said charge did not much exceed one half of the revenue-and they not only return to their first charge, that the assembly by so doing, could only mean to captivate the weakest of the people, and so by their assistance continue to hold their seats in the assembly, but farther, cite as so many proofs, the time of making their first representation, which was just before an election: their printing the report and most extraordinary resolutions on which the said representation was founded, which seemed to argue it was rather intended as an address to them the said populace, than to the proprietaries, and the solemn repetition of the same request as if it was a matter of great value and importance.

Take the next article in their own words. “Wherefore, on this occasion, it is necessary that we should inform the people, through yourselves their representatives, that, as by the constitution, our consent is necessary to their laws, at the same time that they have an undoubted right to such as are necessary for the defence and real service of the country; so, it will tend the better to facilitate the several matters which must be transacted with us, for their representatives to show a regard to us and our interest: for, considering the rank which the crown has been pleased to give us in Pennsylvania, we shall expect from the people's representatives on all occasions, a treatment suitable thereto; and that whilst we desire to govern the province according to law only, they should be as careful to support our interests, as we shall always be to support theirs."

Recurring again to the revenue, they affected to be truly concerned for being obliged to acquaint the public with a state of it, settle that state at six thousand pounds a year,

They then talk of the taxes paid by their family here at home, as an equivalent to the Indian article; and then proceed in the following remarkable terms. "And at the same time that we show you that we do pay all other taxes here, that on land only excepted, we must advise you to be very careful not to put people here in mind of that signal exemption. Several proposals have been made for laying taxes on North America, and it is most easy to foresee, that the self-same act of parliament that shall lay them on our, will also lay them on your estates, and on those of your constituents."

In the next article, having denied that the assembly had always paid the interpreter to his satisfaction, and insisted that they themselves had gratified him when the assembly had refused to pay him what he thought his services deserved; they add, in a higher tone:

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however, with respect to any expense of that sort, and many others here, we entered into them without any expectation of being repaid, and should think it far beneath us to send the accounts of them to the house of representatives, as your agents employed by yourselves might do, for the expenses incurred by them."

Proceeding in the same style, they say in the next article, "we do not conceive that any act of assembly does, or can establish what you call a monopoly in us for the pur chase of lands: we derive no right or property from any such law: it is under the king's royal charter that we have the sole right to make such purchases," &c.

It is fit the last five articles should be inserted entire; and they are verbatim as follows, viz.

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