Chapter VII: Introduction (4)

2. _To raise a fund by some yearly tax, securely lodged in the bank of England as it arises, which should_ (during the term of years _for which the paper-bills are to be current_) _accumulate to a sum sufficient to discharge them all at their_ original value.

This has been tried in Maryland: and the bills so funded were issued without being made a general legal tender. The event was, that as notes payable in time are naturally subject to a discount proportioned to the time: so these bills fell at the beginning of the term so low, as that twenty pounds of them became worth no more than twelve pounds in Pensylvania, the next neighbouring province; though both had been struck near the same time at the same nominal value, but the latter was supported by the general legal tender. The Maryland bills however began to rise as the term shortened, and towards the end recovered their full value. But, as a depreciating currency injures creditors, _this_ injured debtors; and by its continually changing value, appears unfit for the purpose of money, which should be as fixed as possible in its own value; because it is to be the measure of the value of other things.

3. _To make the bills_ carry an interest _sufficient to support their value_.

This too has been tried in some of the New England colonies; but great inconveniencies were found to attend it. The bills, to fit them for a currency, are made of various denominations, and some very low, for the sake of change; there are of them from 10_l._ down to 3_d._ When they first come abroad, they pass easily, and answer the purpose well enough for a few months; but as soon as the interest becomes worth computing, the calculation of it on every little bill in a sum between the dealer and his customers, in shops, warehouses and markets, takes up much time, to the great hindrance of business. This evil, however, soon gave place to a worse; for the bills were in a short time gathered up and hoarded; it being a very tempting advantage to have money bearing interest, and the principal all the while in a man's power, ready for bargains that may offer; which money out on mortgage is not. By this means numbers of people became usurers with small sums, who could not have found persons to take such sums of them upon interest, giving good security; and would therefore not have thought of it; but would rather have employed the money in some business, if it had been money of the common kind. Thus trade, instead of being increased by such bills, is diminished; and by their being shut up in chests, the very end of making them (viz. to furnish a medium of commerce) is in a great measure, if not totally defeated.

On the whole, no method has hitherto been formed to establish a medium of trade, in lieu of money, equal in all its advantages, to bills of credit--funded on sufficient taxes for discharging it, or on land-security of double the value for repaying it at the end of the term; and in the mean time, made a GENERAL LEGAL TENDER. The experience of now near half a century in the middle colonies has convinced them of it among themselves; by the great increase of their settlements, numbers, buildings, improvements, agriculture, shipping, and commerce. And the same experience has satisfied the British merchants, who trade thither, that it has been greatly useful to them, and not in a single instance prejudicial.

It is therefore hoped, that securing the full discharge of British debts, which are payable here, and in all justice and reason ought to be fully discharged here in sterling money; the restraint on the legal tender within the colonies will be taken off; at least for those colonies that desire it, and where the merchants trading to them make no objection to it[56].

FOOTNOTES:

[55] The best account I can give of the occasion of the Report, to which this paper is a reply, is as follows. During the war there had been a considerable and unusual trade to America, in consequence of the great fleets and armies on foot there, and the clandestine dealings with the enemy, who were cut off from their own supplies. This made great debts. The briskness of the trade ceasing with the war, the merchants were anxious for payment, which occasioned some confusion in the colonies, and stirred up a clamour here against paper-money. The board of trade, of which lord Hilsborough was the chief, joined in this opposition to paper-money, as appears by the report. Dr. Franklin being asked to draw up an answer to their report, wrote the paper given above. B. V.

[56] I understand that Dr. Franklin is the friend who assisted governor Pownall in drawing up a plan for a general paper-currency for America, to be established by the British government. See Governor Pownall's Administration of the Colonies, 5th Edition, p. 199, and 208. B. V.

_To the Freemen of Pensylvania, on the Subject of a particular
Militia-Bill, rejected by the Proprietor's Deputy or Governor._

_Philadelphia, Sept. 28, 1764._

GENTLEMEN,

Your desire of knowing how the militia-bill came to fail in the last assembly shall immediately be complied with.

As the governor pressed hard for a militia-law to secure the internal peace of the province, and the people of this country had not been accustomed to militia service; the house, to make it more generally agreeable to the freeholders, formed the bill so as that they might have some share in the election of the officers; to secure them from having absolute strangers set over them, or persons generally disagreeable.

This was no more, than that every company should choose, and recommend to the governor, three persons for each office of captain, lieutenant, and ensign; _out of which three_, the governor was to commission _one_, that he thought most proper, or which he pleased, to be the officer. And that the captains, lieutenants, and ensigns, so commissioned by the governor, should, in their respective regiments, choose and recommend three persons for each office of colonel, lieutenant-colonel, and major; out of which three the governor was to commission _one_, whichever he pleased, to each of the said offices.

The governor's amendment to the bill in this particular was, to strike out wholly this privilege of the people, and take to himself the _sole_ appointment of all the officers.

The next amendment was to aggravate and _enhance all the fines_. A fine, that the assembly had made one hundred pounds, and thought heavy enough, the governor required to be three hundred pounds. What they had made fifty pounds, he required to be one hundred and fifty. These were fines on the commissioned officers for disobedience to his commands; but the non-commissioned officers, or common soldiers, whom, for the same offence, the assembly proposed to fine at ten pounds, the governor insisted should be fined fifty pounds.

These fines, and some others to be mentioned hereafter, the assembly thought ruinously high: but when, in a subsequent amendment, the governor would, for offences among the militia, take away the _trial by jury_ in the common courts; and required, that the trial should be by a court-martial, composed of officers of his own sole appointing, who should have power of sentencing even to death; the house could by no means consent thus to give up their constituents' liberty, estate, and life itself, into the absolute power of a proprietary governor; and so the bill failed.

That you may be assured I do not misrepresent this matter, I shall give you the last-mentioned amendment (so called) at full length; and for the truth and exactness of my copy I dare appeal to Mr. Secretary Shippen.

The words of the bill, p. 43, were, "Every such person, so offending, being legally convicted thereof, &c." By the words _legally convicted_, was intended a conviction after legal trial, in the common course of the laws of the land. But the governor required this addition immediately to follow the words ["convicted thereof"] viz. 'by a court-martial, shall suffer DEATH, or such other punishment as such court, by their sentence or decree, shall think proper to inflict and pronounce. And be it farther enacted by the authority aforesaid, That when and so often as it may be necessary, the governor and commander in chief for the time being shall appoint and commissionate, under the great seal of this province, sixteen commissioned officers in each regiment; with authority and power to them, or any thirteen of them, to hold courts-martial, of whom a field-officer shall always be one, and president of the said court; and such courts-martial shall, and are hereby impowered to administer an oath to any witness, in order to the examination or trial of any of the offences which by this act are made cognizable in such courts, and shall come before them. Provided always, that in all trials by a court-martial by virtue of this act, every officer present at such trial, before any proceedings be had therein, shall take an _oath_ upon the holy evangelists, before one justice of the peace in the county where such court is held, who are hereby authorized to administer the same, in the following words, that is to say, "I A. B. do swear, that I will duly administer justice according to evidence, and to the directions of an act, entitled, An act for forming and regulating the militia of the province of Pensylvania, without partiality, favour, or affection; and that I will not divulge the sentence of the court, until it shall be approved of by the governor or commander in chief of this province for the time being; neither will I, upon any account, at any time whatsoever, disclose or _discover the vote or opinion_ of any particular member of the court-martial. So help me God."--And no sentence of death, or other sentence shall be given against any offender but by the concurrence of nine of the officers so sworn. And no sentence, passed against any offender by such court-martial, shall be put in execution, until report be made of the whole proceedings to the governor or commander in chief of this province for the time being, and his directions signified thereupon.'

It is observable here, that by the common course of justice, a man is to be tried by a jury of his neighbours and fellows; impannelled by a sheriff, in whose appointment the people have a choice: the prisoner too has a right to challenge twenty of the pannel, without giving a reason, and as many more as he can give reasons for challenging; and before he can be convicted, the jury are to be unanimous; they are all to agree that he is guilty, and are therefore all accountable for their verdict. But by this amendment, the jury (if they may be so called) are all officers of the governor's sole appointing, and not one of them can be challenged; and though a common militia-man is to be tried, no common militia-man shall be of that Jury; and so far from requiring all to agree, a bare majority shall be sufficient to condemn you. And lest that majority should be under any check or restraint, from an apprehension of what the world might think or say of the severity or injustice of their sentence, an oath is to be taken, never to discover the vote or opinion of any particular member!

These are some of the chains attempted to be forged for you by the proprietary faction! Who advised the g----r is not difficult to know. They are the very men, who now clamour at the assembly for a proposal of bringing the trial of a particular murder to this county, from another, where it was not thought safe for any man to be either juryman or witness; and call it disfranchising the people! who are now bawling about the constitution, and pretending vast concern for your liberties! In refusing you the least means of recommending or expressing your regard for persons to be placed over you as officers, and who were thus to be made your judges in life and estate; they have not regarded the example of the king, our wise, as well as kind master, who, in all his requisitions made to the colonies, of raising troops for their defence, directed, that "the better to facilitate the important service, the commissions should be given to such as from their weight and credit with the people may be best enabled to effectuate the levies[57]." In establishing a militia for the defence of the province, how could the "weight and credit" of men with the people be better discovered, than by the mode that bill directed; viz. by a majority of those that were to be commanded nominating three for each office to the governor, of which three he might take the one he liked best?

However, the courts-martial being established, and all of us thus put into his honour's absolute power, the governor goes on to enhance the fines and penalties; thus, in page 49 of the bill, where the assembly had proposed the fine to be ten shillings, the governor required it to be ten pounds: in page 50, where a fine of five pounds was mentioned, the governor's amendment required it to be made fifty pounds. And in page 44, where the assembly had said, "shall forfeit and pay any sum not exceeding five pounds," the governor's amendment says, "shall suffer DEATH, or such other punishment, as shall, according to the nature of the offence, be inflicted by the sentence of a court-martial!"

The assembly's refusing to admit of these amendments in that bill is one of their offences against the Lord Proprietary; for which that faction are now abusing them in both the languages[58] of the province, with all the virulence that reverend malice can dictate; enforced by numberless barefaced falshoods, that only the most dishonest and base would dare to invent, and none but the most weak and credulous can possibly believe.

VERITAS.

FOOTNOTES:

[57] See Secretary of State's Letters in the printed Votes.

[58] It is hardly necessary to mention here, that Pensylvania was settled by a mixture of German and English. B. V.

_Preface by a Member of the Pensylvanian Assembly (Dr. Franklin)
to the Speech of Joseph Galloway, Esq. one of the Members for
Philadelphia County; in Answer to the Speech of John Dickinson,
Esq.; delivered in the House of the Assembly of the Province of
Pensylvania, May 24, 1764, on Occasion of a Petition drawn up by
Order, and then under the Consideration of the House, praying his
Majesty for a Royal, in lieu of a Proprietary, Government_[59].

It is not merely because Mr. Dickinson's speech was ushered into the world by a preface, that one is made to this of Mr. Galloway. But as, in that preface, a number of aspersions were thrown on our assemblies, and their proceedings grossly misrepresented, it was thought necessary to wipe those aspersions off by some proper animadversions, and by a true state of facts, to rectify those misrepresentations.

The preface begins with saying, "That governor Denny (whose administration will never be mentioned but with disgrace in the annals of this province) was induced, by considerations to which the world is now no stranger, to pass sundry acts," &c. thus insinuating, that by some unusual base bargain, secretly made, but afterwards discovered, he was induced to pass them.

It is fit therefore, without undertaking to justify all that governor's administration, to show _what_ those considerations were. Ever since the revenue of the quit-rents first, and after that, the revenue of tavern-licences, were settled irrevocably on our proprietors and governors, they have looked on those incomes as their proper estate, for which they were under no obligations to the people: and when they afterwards concurred in passing any useful laws, they considered them as so many jobs, for which they ought to be particularly paid. Hence arose the custom of _presents_ twice a year to the governors, at the close of each session in which laws were passed, given at the time of passing: they usually amounted to a thousand pounds per annum. But when the governors and assemblies disagreed, so that laws were not passed, the presents were withheld. When a disposition to agree ensued, there sometimes still remained some _diffidence_. The governors would not pass the laws that were wanted, without being sure of the money, even all that they called their arrears; nor the assemblies give the money, without being sure of the laws. Thence the necessity of some private conference, in which mutual assurances of good faith might be received and given, that the transactions should go hand in hand. What name the impartial reader will give to this kind of commerce, I cannot say: to me it appears an extortion of more money from the people, for that to which they had before an undoubted right, both by the constitution and by purchase; but there was no other shop they could go to for the commodity they wanted, and they were obliged to comply. Time established the custom, and made it seem honest; so that our governors, even those of the most undoubted honour, have practised it. Governor Thomas, after a long misunderstanding with the assembly, went more openly to work with them in managing this commerce, and they with him. The fact is curious, as it stands recorded in the votes of 1742-3. Sundry bills, sent up to the governor for his assent, had lain long in his hands, without any answer. Jan. 4, the house "ordered, that Thomas Leech and Edward Warner wait upon the governor, and acquaint him, that the house had long waited for his result on the bills that lie before him, and desire to know, when they may expect it:" the gentlemen return, and report, "that they waited upon the governor, and delivered the message of the house according to order; and that the governor was pleased to say, he had had the bills long under consideration, and _waited the result_ of the _house_." The house well understood this hint; and immediately resolved into a committee of the whole house, to take what was called _the governor's support_ into consideration; in which they made (the minutes say) _some progress_; and the next morning it appears, that that _progress_, whatever it was, had been communicated to him; for he sent them down this message by his secretary: "Mr. Speaker, the governor commands me to acquaint you, that as he has received assurances of a _good disposition_ in the house, he thinks it incumbent on him to show _the like_ on his part; and therefore sends down the bills which lay before him, without any amendment." As this message only showed a good disposition, but contained no promise to pass the bills, the house seem to have had their doubts; and therefore, February 2, when they came to resolve, on the report of the grand committee, to give the money, they guarded their resolves very cautiously, viz. "Resolved, that _on the passage_ of such bills as now lie before the governor, (the naturalization bill, and such other bills as may be presented to him during this sitting) there be PAID him the sum of _five hundred pounds_. Resolved also, that on the passage of such bills as now lie before the governor (the naturalization bill, and such other bills as may be presented to him this sitting) there be PAID to the governor the _further_ sum of _one thousand pounds_, for the current year's support; and that orders be drawn on the treasurer and trustees of the loan-office, pursuant to these resolves." The orders were accordingly drawn; with which being acquainted, he appointed a time to pass the bills; which was done with one hand, while he received the orders in the other: and then with the utmost politeness [he] thanked the house for the fifteen hundred pounds, as if it had been a pure free gift, and a mere mark of their respect and affection. "I _thank you_, gentlemen (says he) for this instance of _your regard_; which I am the more pleased with, as it gives an agreeable prospect of _future harmony_ between me and the representatives of the people." This, reader, is an exact _counterpart_ of the transaction with governor Denny; except that Denny sent word to the house, that he would pass the bills _before_ they voted the support. And yet _here_ was no proprietary clamour about bribery, &c. And why so? Why at that time the proprietary family, by virtue of a _secret bond_ they had obtained of the governor at his appointment, were to _share with_ him the sums so obtained of the people!

This reservation of the proprietaries they were at that time a little ashamed of; and therefore such bonds were then to be secrets. But as, in every kind of sinning, frequent repetition lessens shame, and increases boldness, we find the proprietaries ten years afterwards openly insisting on these advantages to themselves, _over and above_ what was paid to their deputy: "Wherefore (say they) 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_." This was in their answer to the representation of the assembly [Votes, December, 1754, p. 48.] on the justice of their contributing to Indian expences, which they had refused. And on this clause the committee make the following remark: "They tell us their consent is necessary to our laws, and that it will tend the better to facilitate the matters which must be transacted with them, for the representatives to show a regard to their _interest_: that is (as we understand it) though the proprietaries have a deputy here, supported by the province, who is, or ought to be, fully impowered to pass all laws necessary for the service of the country; yet, before we can obtain such laws, we must facilitate their passage by paying money for the proprietaries, which they ought to pay; or in some shape make it their particular _interest_ to pass them. We hope, however, that if this practice has ever been begun, it will never be continued in this province; and that since, as this very paragraph allows, we have an undoubted right to such laws, we shall always be able to obtain them from the goodness of our sovereign, without going to market for them to a subject." Time has shown, that those hopes were vain; they have been obliged to go to that market ever since, directly or indirectly, or go without their laws. The practice has continued, and will continue, as long as the proprietary government subsists, intervening between the crown and the people.

Do not, my courteous reader, take pet at our proprietary constitution, for these our bargain and sale proceedings in legislation. It is a happy country where justice, and what was your own before, can be had for ready money. It is another addition to the value of money, and of course another spur to industry. Every land is not so blessed. There are countries where the princely proprietor claims to be lord of all property; where what is your own shall not only be wrested from you, but the money you give to have it restored shall be kept with it; and your offering so much, being a sign of your being too rich, you shall be plundered of every thing that remained. These times are not come here yet: your present proprietors have never been more unreasonable hitherto, than barely to insist on your fighting in defence of _their_ property, and paying the expence yourselves; or if their estates must [ah! _must_] be taxed towards it, that the _best_ of their lands shall be taxed no higher than the _worst_ of yours.

Pardon this digression, and I return to governor Denny; but first let me do governor Hamilton the justice to observe, that whether from the uprightness of his own disposition, or from the odious light the practice had been set in on Denny's account, or from both; he did not attempt these bargains, but passed such laws as he thought fit to pass, without any _previous_ stipulation of pay for them. But then, when he saw the assembly tardy in the payment he expected, and yet calling upon him still to pass more laws; he openly put them in mind of the money, as a _debt_ due to him from custom. "In the course of the present year (says he, in his message of July 8, 1763) a great deal of public business hath been transacted by me, and I believe as many useful laws enacted, as by any of my predecessors in the same space of time: yet I have not understood that any allowance hath hitherto been made to me for my support, as hath been customary in this province." The house having then some bills in hand, took the matter into immediate consideration, and voted him five hundred pounds, for which an order or certificate was accordingly drawn: and on the same day the speaker, after the house had been with the governor, reported, "That his honour had been pleased to give his assent to the bills, by enacting the same into laws. And Mr. Speaker farther reported, That he had then, in behalf of the house, presented their certificate of five hundred pounds to the governor, who was pleased to say, he was obliged to the house for the same." Thus we see the practice of purchasing and paying for laws is interwoven with our proprietary constitution, used in the best times, and under the best governors. And yet, alas! poor assembly! how will you steer your brittle bark between these rocks? If you pay _ready money_ for your laws, and those laws are not liked by the proprietaries, you are charged with bribery and corruption: if you wait a while before you pay, you are accused of detaining the governor's customary right, and dunned as a negligent or dishonest debtor, that refuses to discharge a just debt!

But governor Denny's case, I shall be told, differs from all these; for the acts he was induced to pass were, as the prefacer tell us, "_contrary to his duty, and to every tie of honour and justice_." Such is the imperfection of our language, and perhaps of all other languages, that, notwithstanding we are furnished with dictionaries innumerable, we cannot precisely know the import of words, unless we know of what party the man is that uses them. In the mouth of an assembly-man, or true Pensylvanian, "contrary to his duty and to every tie of honour and justice" would mean, the governor's long refusal to pass laws, however just and necessary, for taxing the proprietary estate: a refusal, contrary to the trust reposed in the lieutenant-governor by the royal charter, to the rights of the people, whose welfare it was his duty to promote, and to the nature of the contract made between the governor and the governed, when the quit-rents and licence-fees were established, which confirmed what the proprietaries call our "undoubted right" to necessary laws. But in the mouth of the proprietaries, or their creatures, "contrary to his duty, and to every tie of justice and honour" means, his passing laws contrary to proprietary instructions, and contrary to the bonds he had previously given to observe those instructions: instructions however, that were unjust and unconstitutional; and bonds, that were illegal and void from the beginning.

Much has been said of the wickedness of governor Denny in passing, and of the assembly in prevailing with him to pass, those acts. By the prefacer's account of them, you would think the laws, so obtained, were _all_ bad; for he speaks of but _seven_, of which, six, he says, were repealed, and the seventh reported to be "fundamentally _wrong_ and _unjust_," "and ought to be repealed, _unless_ six certain amendments were made therein[60]." Whereas in fact there were _nineteen_ of them, and several of those must have been good laws, for even the proprietaries did not object to them. Of the eleven that they opposed, only six were repealed; so that it seems, these good gentlemen may themselves be sometimes as wrong in opposing, as the assembly in enacting laws. But the words, "fundamentally _wrong_ and _unjust_," are the great fund of triumph to the proprietaries and their partizans. These, their subsequent governors have unmercifully dinned in the ears of the assembly on all occasions ever since; for they make a part of near a dozen of their messages. They have rung the changes on those words, till they worked them up to say, that the law was fundamentally wrong and unjust in _six several articles_ (Governor's Message, May 17, 1764) instead of "ought to be repealed, _unless_ six alterations or amendments could be made therein." A law, unjust in six several articles, must be an unjust law indeed. Let us therefore, once for all, _examine_ this unjust law, article by article, in order to see, whether our assemblies have been such villains as they have been represented.

The _first_ particular in which their lordships proposed the act should be amended was, "That the real estates to be taxed, be _defined with precision_; so as not to include the unsurveyed waste land belonging to the proprietaries." This was at most but an _obscurity_ to be cleared up. And though the law might well appear to their lordships uncertain in that particular, with us, who better know our own customs, and that the proprietaries waste unsurveyed land was never here considered among estates real, subject to taxation; there was not the least doubt or supposition, that such lands were included in the words "all estates, real and personal." The agents therefore, knowing that the assembly had no intention to tax those lands, might well suppose they would readily agree to remove the obscurity. Before we go farther, let it be observed, that the main design of the proprietaries in opposing this act was, to _prevent their estates being taxed at all_. But as they knew, that the doctrine of proprietary exemption, which they had endeavoured to enforce here, could not be supported there[61], they bent their whole strength against the act on _other_ principles to procure its repeal, pretending great willingness to submit to an equitable tax; but that the assembly (out of mere malice, because they had conscientiously quitted quakerism for the church!) were wickedly determined to ruin them, to tax all their unsurveyed wilderness-lands, and at the highest rates: and by that means exempt themselves and the people, and throw the whole burden of the war on the proprietary family. How foreign these charges were from the truth, need not be told to any man in Pensylvania. And as the proprietors knew, that the hundred thousand pounds of paper-money, struck for the defence of _their_ enormous estates, with others, was actually issued, spread through the country, and in the hands of thousands of poor people, who had given their labour for it; how base, cruel, and inhuman it was to endeavour, by a repeal of the act, to strike the money dead in those hands at one blow, and reduce it all to waste paper, to the utter confusion of all trade and dealings, and the ruin of multitudes, merely to avoid paying their own just tax--Words may be wanting to express,--but minds will easily conceive,--and never without abhorrence!

The _second_ amendment proposed by their lordships was, "That the located uncultivated lands, belonging to the proprietaries, shall not be assessed higher than the _lowest_ rate, at which any located uncultivated lands belonging to the inhabitants shall be assessed." Had there been any provision in the act, that the proprietaries' lands, and those of the people, of the same value, should be taxed differently, the one high, and the other low; the act might well have been called in this particular fundamentally wrong and unjust. But as there is no such clause, this cannot be one of the particulars on which the charge is founded; but, like the first, is merely a requisition to make the act _clear_, by express directions therein, that the proprietaries' estate should not be, as they pretended to believe it would be, taxed higher in proportion to its value than the estates of others. As to their present claim, founded on that article, "that the best and most valuable of their lands, should be taxed no higher than the worst and least valuable of the people's," it was not _then_ thought of; they made no such demand; nor did any one dream that so iniquitous a claim would ever be made by men, who had the least pretence to the characters of honourable and honest.

The _third_ particular was, "That all lands, _not granted_ by the proprietaries _within boroughs and towns_, be deemed located uncultivated lands, and rated accordingly; and not as lots." The clause in the act that this relates to is, "And whereas many valuable lots of ground within the city of Philadelphia, and the several boroughs and towns within this province, remain unimproved; Be it enacted, &c. That _all_ such unimproved lots of ground within the city and boroughs aforesaid, shall be rated and assessed according to their situation and value for, and towards raising the money hereby granted." The reader will observe, that the word is, _all_ unimproved lots; and that _all_ comprehends the lots belonging to the people, as well as those of the proprietary. There were many of the former; and a number belonging even to members of the then assembly; and considering the value, the tax must be proportionably as grievous to them, as the proprietary's to him. Is there among us a single man, even a proprietary relation, officer, or dependant, so insensible of the differences of right and wrong, and so confused in his notions of just and unjust, as to think and say, that the act in this particular was fundamentally wrong and unjust? I believe not one. What then could their lordships mean by the proposed amendment? Their meaning is easily explained. The proprietaries have considerable tracts of land within the bounds of boroughs and towns, that have not yet been divided into lots: they pretended to believe, that by virtue of this clause an imaginary division would be made of _those_ lands into lots, and an extravagant value set on such imaginary lots, greatly to their prejudice. It was answered, that no such thing was intended by the act: and that by lots was meant only such ground as _had_ been surveyed and divided into lots, and not the open undivided lands. If this only is intended, say their lordships, then let the act be amended, so as _clearly_ to express what is intended. This is the full amount of the third particular. How the act was understood here, is well known by the execution of it before the dispute came on in England, and therefore before their lordships' opinion on the point could be given, of which full proof shall presently be made. In the mean time it appears, that the act was not on _this_ account fundamentally wrong and unjust.

The _fourth_ particular is, "That the _governor's consent_ and approbation be made necessary to every issue and application of the money, to be raised by virtue of such act." The assembly intended this, and thought they had done it in the act. The words of the clause being, "That [the commissioners named] or the major part of them, or of the survivors of them, _with the consent_ or approbation of the governor or commander in chief of this province for the time being, shall order and appoint _the disposition of the monies_ arising by virtue of this act, for and towards paying and clothing two thousand seven hundred effective men," &c. It was understood here, that as the power of disposing was expressly to be with the consent and approbation of the governor, the commissioners had no power to dispose of the money without that approbation: but their lordships, jealous (as their station requires) of this prerogative of the crown, and being better acquainted with the force and weakness of law expression, did not think the clause explicit enough, unless the words, "_and not otherwise_," were added, or some other words equivalent. This particular, therefore, was no more than another requisition of greater _clearness_ and precision; and by no means a foundation for the charge of fundamentally wrong and unjust.

The _fifth_ particular was, "That _provincial_ commissioners be named, to hear and _determine appeals_, brought on the part of the inhabitants, as well as the proprietaries." There was already subsisting a provision for the appointment of _county_ commissioners of appeal; by whom the act might be, and actually has been (as we shall presently show) justly and impartially executed with regard to the proprietaries; but _provincial_ commissioners appointed in the act it was thought might be of use, in regulating and equalizing the modes of assessment of different counties, where they were unequal; and by affording a second appeal, tend more to the satisfaction both of the proprietaries and the people.--This particular was therefore a mere proposed improvement of the act, which could not be, and was not, in this respect, denominated fundamentally wrong and unjust.

We have now gone through five of the six proposed amendments, without discovering any thing on which that censure could be founded; but the _sixth_ remains; which points at a part of the act wherein we must candidly acknowledge there is something, that, in their lordships' view of it, must justify their judgment. The words of the _sixth_ article are, "That the payments by the tenants to the proprietaries of their rents, shall be according to the terms of their respective grants, as if such act had never been passed." This relates to that clause of the act by which the _paper-money_ was made a _legal tender_ in "discharge of all manner of debts, rents, sum and sums of money whatsoever, &c. at the rates ascertained in the act of parliament made in the sixth of Queen Anne." From the great injustice frequently done to creditors, and complained of from the colonies, by the vast depreciation of paper bills, it was become a general fixed principle with the ministry, that such bills (whose value, though fixed in the act, could not be kept fixed by the act) ought _not_ to be made a legal tender in any colony at those rates. The parliament had before passed an act, to take that tender away in the four New England colonies, and have since made the act general. This was what their lordships would therefore have proposed for the amendment. But it being represented, That the chief support of the credit of the bills was the legal tender; and that without it they would become of no value, it was allowed generally to remain; with an exception to the proprietaries' rents, where[62] there was a special contract for payment in another coin. It cannot be denied but that _this_ was doing justice to the proprietaries; and that, had the requisition been in favour of _all other_ creditors also, the justice had been equal, as being general. We do not therefore presume to impeach their lordships' judgment, that the act, as it enforced the acceptance of bills for money at a value which they had only nominally, and not really, was in that respect fundamentally wrong and unjust. And yet we believe the reader will not think the assembly so much to blame, when he considers, that the making paper-bills a legal tender had been the universal mode in America for more than threescore years; that there was scarce a colony that had not practised that mode more or less; that it had always been thought absolutely necessary, in order to give the bills a credit, and thereby obtain from them the uses of money; that the inconveniences were therefore submitted to, for the sake of the greater conveniences; that acts innumerable of the like kind had been approved by the crown; and that if the assembly made the bills a legal tender at those rates to the proprietaries, they made them also a legal tender to themselves and all their constituents, many of whom might suffer in their rents, &c. as much in proportion to their estates as the proprietaries. But if he cannot, on these considerations, quite excuse the assembly, what will he think of those honourable proprietaries, who, when paper-money was issued in their colony, for the common defence of their vast estates, with those of the people, and who must therefore reap at least equal advantages from those bills with the people, could nevertheless wish to be exempted from their share of the unavoidable disadvantages. Is there upon earth a man besides, with any conception of what is honest, with any notion of honour, with the least tincture in his veins of the gentleman, but would have blushed at the thought; but would have rejected with disdain such undue preference, if it had been offered him? Much less would he have struggled for it, moved heaven and earth to obtain it, resolved to ruin thousands of his tenants by a repeal of the act, rather than miss of it[63]; and enforce it afterwards by an audaciously wicked instruction; forbidding aids to his king, and exposing the province to destruction, unless it was complied with. And yet,--These are _honourable_ men[64].

Here then we have a full view of the assembly's injustice; about which there has been so much insolent triumph! But let the proprietaries and their discreet deputies hereafter recollect and remember, that the same august tribunal, which censured some of the modes and circumstances of that act, did at the same time establish and confirm the grand principle of the act, viz. "That the proprietary estate ought, with other estates, to be taxed:" and thereby did in effect determine and pronounce, that the opposition so long made in various shapes to that just principle, by the proprietaries, was fundamentally _wrong_ and _unjust_. An injustice they were not, like the assembly, under any necessity of committing for the public good, or any other necessity but what was imposed on them by those base passions, that act the tyrant in bad minds; their selfishness, their pride, and their avarice.

I have frequently mentioned the _equitable intentions_ of the house in those parts of the act, that were supposed obscure, and how they were understood here. A clear proof thereof is found, as I have already said, in the actual execution of the act; in the execution of it before the contest about it in England; and therefore before their lordships' objections to it had a being. When the report came over, and was laid before the house, one year's tax had been levied: and the assembly, conscious that no injustice had been intended to the proprietaries, and willing to rectify it if any should appear, appointed a _committee_ of members from the several counties to examine into the state of the proprietaries' taxes through the province, and nominated on that committee a gentleman of known attachment to the proprietaries, and their chief justice, Mr. Allen; to the end that the strictest inquiry might be made. _Their report_ was as follows: "We, the committee appointed to inquire into, and consider the state of the proprietary taxation through the several counties, and report the same to the house, have, in pursuance of the said appointment, carefully examined the returns of property, and compared them with the respective assessments thereon made through the whole province; and find, _first_, That no part of the _unsurveyed_ waste lands belonging to the proprietaries have, in any instance, been included in the estates taxed. _Secondly_, That some of the _located uncultivated_ lands belonging to the proprietaries in several counties _remain unassessed_; and are not in any county assessed higher, than the lands under like circumstances belonging to the inhabitants. _Thirdly_, That all _lands_; _not_ granted by the proprietaries, _within boroughs_ and towns, remain _untaxed_; excepting in a few instances, and in those they are rated as _low_, as the lands which are granted in the said boroughs and towns. The whole of the proprietary tax of eighteen pence in the pound amounts to 566_l._ 4_s._ 10_d._ And the sum of the tax on the inhabitants for the same year amounts, through the several counties, to 27,103_l._ 12_s._ 8_d._ And it is the opinion of your committee, that there has not been any injustice done to the proprietaries, or attempts made to rate or assess any part of their estates higher than the estates of the like kind belonging to the inhabitants are rated and assessed; but, on the contrary, we find that their estates are rated, in many instances, below others.

Thomas Leech, George Ashbridge,
Joseph Fox, Emanuel Carpenter,
Samuel Rhoads, John Blackburn,
Abraham Chapman, William Allen."

The house communicated this report to governor Hamilton, when he afterwards pressed them to make the stipulated act of amendment; acquainting him at the same time, that as in the execution of the act no injustice _had_ hitherto been done to the proprietary, so, by a yearly inspection of the assessments, they would take care that none _should_ be done him; for that if any should appear, or the governor could at any time point out to them any that had been done, they would immediately rectify it; and therefore, as the act was shortly to expire, they did not think the amendments necessary. Thus that matter ended during that administration.

And had his successor, governor Penn, permitted it still to sleep, we are of opinion it had been more to the honour of the family, and of his own discretion. But he was pleased to found upon it a _claim_ manifestly unjust, and which he was totally destitute of reason to support. A claim, that the proprietaries best and most valuable located uncultivated lands, should be taxed no _higher_ than the worst and least valuable of those belonging to the inhabitants: to enforce which, as he thought the words of one of the stipulations seemed to give some countenance to it, he insisted on using those very words as sacred; from which he could "neither in decency or in duty," deviate; though he had agreed to deviate from words [in] the same report, and therefore equally sacred in every other instance. A conduct which will (as the prefacer says in governor Denny's case) for ever disgrace the annals of _his_ administration[65]. Never did any administration open with a more _promising_ prospect [than this of governor Penn]. He assured the people, in his first speeches, of the proprietaries' paternal regard for them, and their sincere disposition to do every thing that might promote their happiness. As the proprietaries had been pleased to appoint a son of the family to the government, it was thought not unlikely, that there might be something in these professions; for that they would probably choose to have his administration made easy and agreeable; and to that end might think it prudent to withdraw those harsh, disagreeable, and unjust instructions with which most of his predecessors had been hampered: the assembly therefore believed fully, and rejoiced sincerely. They showed the new governor every mark of respect and regard that was in their power. They readily and cheerfully went into every thing he recommended to them. And when he and his authority were insulted and endangered by a lawless murdering mob, they and their friends took arms at his call, and formed themselves round him for his defence, and the support of his government. But when it was found, that those mischievous instructions still subsisted, and were even farther extended; when the governor began, unprovoked, to send the house affronting messages, seizing every imaginary occasion of reflecting on their conduct; when every other symptom appeared of fixed deep-rooted family malice, which could but a little while bear the unnatural covering that had been thrown over it, what wonder is it, if all the old wounds broke out and bled afresh? if all the old grievances, still unredressed, were recollected; if despair succeeded of [seeing] any peace with a family, that could make such returns to all their overtures of kindness! And when in the very proprietary council, composed of staunch friends of the family, and chosen for their attachment to it, it was observed, that the _old men_ (1 Kings, chap. xii.) withdrew themselves, finding their opinion slighted, and that all measures were taken by the advice of two or three _young men_ (one of whom too denies his share in them) is it any wonder, since like causes produce like effects, if the assembly, notwithstanding all their veneration for the first proprietor, should say, with the children of Israel, under the same circumstances, "What portion have we in David, or inheritance in the son of Jesse? To your tents, O Israel!"

Under these circumstances, and a conviction that while so many natural sources of difference subsisted between proprietaries and people, no harmony in government long subsist (without which neither the commands of the crown could be executed, nor the public good promoted) the house resumed the consideration of a measure that had often been proposed in former assemblies; a measure, that every _proprietary province in_ America had, from the same causes, found themselves obliged to take, and had actually taken, or were about to take; and a measure, that had happily succeeded, wherever it was taken; I mean the recourse to an immediate _royal government_.

They therefore, after a thorough debate, and making no less than twenty-five unanimous resolves, expressing the many grievances this province had long laboured under, through the proprietary government, came to the following resolution, viz. "Resolved, nemine contradicente, That this house will adjourn, in order to _consult their constituents_, whether an humble _address_ should be drawn up and transmitted to _his Majesty_; praying that he would be graciously pleased to take the people of this province under his immediate protection and government, by completing the agreement heretofore made with the first proprietary for the sale of the government to the crown, or otherwise as to his wisdom and goodness shall seem meet[66]."

This they ordered to be made public; and it was published accordingly in all the newspapers: the house then adjourned for no less than _seven weeks_, to give their constituents time to consider the matter, and themselves an opportunity of taking their opinion and advice. Could any thing be more deliberate, more fair and open, or more respectful to the people that chose them?--During this recess, the people, in many places, held little meetings with each other; the result of which was, that they would manifest their sentiments to their representatives, by petitioning the crown directly of themselves, and requesting the assembly to transmit and support those petitions. At the next meeting many of these petitions were delivered to the house with that request; they were signed by a very great[67] number of the most substantial inhabitants; and not the least intimation was received by the assembly from any other of their constituents, that the method was _disapproved_; except in a petition from an obscure town-ship in Lancaster county, to which there were about forty names indeed, but all evidently signed by three hands only. What could the assembly infer from the expressed willingness of a part, and silence of the rest; but that the measure was universally agreeable! They accordingly resumed the consideration of it; and though a small, very small opposition then appeared to it in the house; yet as even that was founded not on the impropriety of the thing; but on supposed unsuitableness of the time or the manner, and a majority of nine tenths being still for it; a petition was drawn agreeable to the former resolve, and ordered to be transmitted to his majesty.

But the preface tells us, that these _petitioners_ for a change were a "number of rash, ignorant, and inconsiderate people," and generally of a _low rank_. To be sure they were not of the proprietary officers, dependents, or expectants; and those are chiefly the people of high rank among us; but they were otherwise generally men of the best estates in the province, and men of reputation. The assembly, who come from all parts of the country, and therefore may be supposed to know them, at least as well as the prefacer, have given that testimony of them. But what is the testimony of the assembly; who in his opinion are equally rash, ignorant, and inconsiderate with the petitioners? And if his judgment is right, how imprudently and contrary to their charter, have his _three hundred thousand souls_ acted in their elections of assembly-men these twenty years past; for the charter requires them to choose men of _most note_ for _virtue_, _wisdom_ and _ability_!