invested with a power of doing every thing "which unto a compleat
establishment of justice, unto courts and tribunals, forms of
judicature, and manner of proceedings, do belong." It was certainly
the import and design of this grant, that the courts of judicature
should be formed, and the _judges_ and officers thereof hold their
commissions, in a manner not repugnant, but agreeable to the laws
and customs of England: that thereby they might remain free from
the influence of persons in power, the rights of the people might
be preserved, and their properties effectually secured. That the
guarantee, William Penn (understanding the said grant in this light)
did, by his original frame of government, covenant and grant with
the people, that the judges and other officers should hold their
commissions during their _good behaviour, and no longer_.
Notwithstanding which, the governors of this province have, for
many years past, granted all the commissions to the judges of the
king's bench or supreme court of this province, and to the judges
of the court of common pleas of the several counties, to be held
during their _will and pleasure_; by means whereof, the said judges
being subject to the influence and directions of the proprietaries
and their governors, their favourites and creatures, the laws may
not be duly administered or executed, but often wrested from their
true sense; to serve particular purposes, the foundation of justice
may be liable to be destroyed; and the lives, laws, liberties,
privileges, and properties of the people thereby rendered precarious
and altogether insecure; to the great disgrace of our laws, and the
inconceivable injury of his majesty's subjects.
Your committee further beg leave to add, that besides these
aggrievances, there are other hardships the people of this province
have experienced, that call for redress.--The _inlistment of
servants, without the least satisfaction_ being made to the masters,
has not only prevented the cultivation of our lands, and diminished
the trade and commerce of the province, but is a burthen extremely
unequal and oppressive to individuals. And should the practice
continue, the consequence must prove very discouraging to the further
settlement of this colony, and prejudicial to his majesty's future
service.--Justice, therefore, demands, that satisfaction should be
made to the masters of such inlisted servants; and that the right of
masters to their servants be confirmed and settled.--But as those
servants have been inlisted into his majesty's service for the
general defence of America, and not of this province only, but all
the colonies, and the nation in general, have and will receive equal
benefit from their service; this satisfaction should be made at the
expence of the nation, and not of the province only.
That the people now labour under _a burthen of taxes_, almost
insupportable by so young a colony, for the defence of its
long-extended frontier, of about two hundred miles from New Jersey
to Maryland; without either of those colonies, or the three lower
counties on Delaware, contributing their proportion thereto; though
their frontiers are in a great measure covered and protected by our
forts. And should the war continue, and with it this unequal burthen,
many of his majesty's subjects in this province will be reduced to
want, and the province, if not lost to the enemy, involved in debt,
and sunk under its load.
That notwithstanding this weight of taxes, the assemblies of this
province _have given to the general service_ of the nation, five
thousand pounds to purchase provisions for the troops under General
Braddock; 2,985_l._ 0_s._ 11_d._ for clearing a road by his orders;
10,514_l._ 10_s._ 1_d._ to General Shirley, for the purchasing
provisions for the New England forces; and expended the sum of
2,385_l._ 0_s._ 2½_d._ in supporting the inhabitants of Nova Scotia;
which likewise we conceive ought to be a national expence.
And that his majesty's subjects, the merchants and insurers in
England, as well as the merchants here and elsewhere, did during
the last, and will during the present war, greatly suffer in their
property, trade, and commerce, by the _enemy's privateers_ on this
coast, and at our capes, unless some method be fallen on to prevent
it.
Wherefore your committee are of opinion, That the commissioners
intended to be sent to England[15], to solicit a memorial and
redress of the many infractions and violations of the constitution;
should also have it in charge, and be instructed to represent
to our most gracious sovereign and his parliaments, the several
unequal burthens and hardships before-mentioned;--and endeavour to
procure satisfaction to the masters of such servants as have been
inlisted, and the right of masters to their servants established and
confirmed;--and obtain a repayment of the said several sums of money,
some assistance towards defending our extensive frontier, and a
vessel of war to protect the trade and commerce of this province.
Submitted to the correction of the house.
_Feb. 22, 1757._
FOOTNOTES:
[14] The English colony-governments seem to have been considered
as of three sorts. First, _provincial_ governments; where the
constitution originally depends on the king's commission, and
instructions given to his governors; and the assemblies, held under
that authority, have their share in making local ordinances not
repugnant to English law. Next, _proprietary_ governments; where a
district of country is given by the crown to individuals, attended
with certain legislative powers in the nature of a fief; with a
provision for the sovereignty at home, and also for the fulfilment
of the terms and end of the grant. Lastly, _charter_ governments,
where the fundamentals of the government are previously prescribed
and made known to the settlers, being in no degree left subject to a
governor's commission or proprietor's will. (See Blackstone, Vol. I.
Introd. § 4.)--Good faith however to mankind seemed to require, that
the constitutions, once begun under the provincial or proprietary
governments, should remain unaltered (except for improvement) to the
respective settlers, equally as in charter-governments. B. V.
[15] Dr. Franklin was afterwards appointed to present this address,
as agent for the province of Pensylvania, and departed from America
for the purpose in June 1757. See his life, Vol. I. p. 134. While in
England, the more effectually to accomplish the business upon which
he was sent, he wrote the article that follows in the next page,
entitled An historical Review, &c. _Editor._
_An historical Review of the Constitution and Government of
Pensylvania, from its Origin; so far as regards the several Points
of Controversy which have, from Time to Time, arisen between the
several Governors of that Province, and their several Assemblies.
Founded on authentic Documents._
Those who would give up _essential liberty_, to purchase a little
_temporary safety_, deserve neither _liberty_ nor _safety_.
Griffiths, 1759[16].
DEDICATION.
To the right honourable Arthur Onslow, speaker of the honourable
House of Commons.
SIR,
The subject of the following sheets is an unhappy one: the
controversy between the proprietaries and successive assemblies of
Pensylvania: a controversy which has often embarrassed, if not
endangered the public service: a controversy which has been long
depending, and which still seems to be as far from an issue as ever.
Our blessed saviour reproaches the Pharisees with laying heavy
burdens on men's shoulders, which they themselves would not stir with
a single finger.
Our proprietaries, sir, have done the same; and, for the sake of the
commonwealth, the province has hitherto submitted to the imposition:
not indeed, without the most strenuous endeavours to lay the load
equally, the fullest manifestations, and the strongest protestations
against the violence put upon them.
Having been most injuriously misrepresented and traduced in print,
by the known agents and dependents of those gentlemen their fellow
subjects, they at last find themselves obliged to set forth an
historical state of their case, and to make their appeal to the
public upon it.
With the public opinion in their favour, they may with the more
confidence lift up their eyes to the wisdom of parliament and the
majesty of the crown, from whence alone they can derive an effectual
remedy.
To your hands, sir, these papers are most humbly presented, for
considerations so obvious, that they scarce need any explanation.
The Roman provinces did not stand more in need of patronage than
ours: and such clients as we are would have preferred the integrity
of Cato to the fortune of Cæsar.
The cause we bring is in fact the cause of all the provinces in one:
it is the cause of every British subject in every part of the British
dominions: it is the cause of every man who deserves to be free every
where.
The propriety, therefore, of addressing these papers to a gentleman,
who, for so many successive parliaments, with so much honour to
himself and satisfaction to the public, has been at the head of the
commons of Great Britain, cannot be called in question.
You will smile, sir, perhaps, as you read the references of a
provincial assembly to the rights and claims of parliament; but we
humbly conceive, it will be without the least mixture of resentment;
those assemblies having nothing more in view, than barely to
establish their privileges on the most rational and solid basis they
could find, for the security and service of their constituents.
And you are humbly besought, sir, not to think the worse of this
address, because it has been made without your permission or privity.
Nobody asks leave to pay a debt: every Briton is your debtor, sir:
and all we have said, or can say, is but a poor composition for what
we owe you.
You have conferred as much honour on the chair you fill, as the chair
has conferred on you.
Probity and dignity are your characteristics.
May that seat always derive the same lustre from the same qualities!
This at least ought to be our prayer, whether it is or not within our
expectations.
For the province of Pensylvania, as well as in my own private
capacity, I have the honour to be, with the most profound respect,
Sir,
your most obedient humble servant,
THE EDITOR.
INTRODUCTION.
To obtain an infinite variety of purposes by a few plain principles
is the characteristic of nature. As the eye is affected so is the
understanding: objects at distance strike it according to their
dimensions, or the quantity of light thrown upon them; near,
according to their novelty or familiarity as they are in motion or
at rest. It is the same with actions. A battle is all motion; a hero
all glare: while such images are before us, we can attend to nothing
else. Solon and Lycurgus would make no figure in the same scene with
the king of Prussia; and we are at present so lost in a military
scramble on the continent next us, in which it must be confessed we
are deeply interested, that we have scarce time to throw a glance
towards America, where we have also much at stake, and where, if any
where, our account must be made up at last.
We love to stare more than to reflect, and to be indolently amused
at our leisure, than to commit the smallest trespass on our patience
by winding a painful tedious maze, which would pay us in nothing but
knowledge.
But then as there are some eyes that can find nothing marvellous but
what is marvellously great, so there are others equally disposed to
marvel at what is marvellously little; and who can derive as much
entertainment from this microscope in examining a mite, as Dr. ----
in ascertaining the geography of the moon, or measuring the tail of a
comet.
Let this serve as an excuse for the author of these sheets, if he
needs any, for bestowing them on the transactions of a colony, till
of late hardly mentioned in our annals; in point of establishment
one of the last upon the British list, and in point of rank one of
the most subordinate, as being not only subject, in common with the
rest, to the crown, but also to the claims of a _proprietary_, who
thinks he does them _honour_ enough in governing them by _deputy_;
consequently so much further removed from the royal eye, and so much
the more exposed to the pressure of self-interested _instructions_.
Considerable, however, as most of them, for happiness of situation,
fertility of soil, product of valuable commodities, number of
inhabitants, shipping, amount of exportations, latitude of rights and
privileges, and every other requisite for the being and well-being of
society, and more considerable than any of them all for the celerity
of its growth, unassisted by any human help but the vigour and virtue
of its own excellent constitution.
A father and his family, the latter united by interest and affection,
the former to be revered for the wisdom of his institutions and
the indulgent use of his authority, was the form it was at first
presented in. Those who were only ambitious of repose found it
here; and as none returned with an evil report of the land, numbers
followed: all partook of the leaven they found: the community still
wore the same equal face: nobody aspired: nobody was oppressed:
industry was sure of profit, knowledge of esteem, and virtue of
veneration.
An assuming _landlord_, strongly disposed to convert free tenants
into abject vassals, and to reap what he did not sow, countenanced
and abetted by a few desperate and designing dependents, on the one
side; and on the other, all who have sense enough to know their
rights, and spirit enough to defend them, combined as one man against
the said landlord and his encroachment in the form it has since
assumed.
And surely a nation born to liberty like this, bound to leave it
unimpaired as they received it from their fathers in perpetuity
to their heirs, and interested in the conservation of it in every
appendix to the British empire, the particulars of such a contest
cannot be wholly indifferent.
On the contrary, it is reasonable to think, the first workings of
power against liberty, and the natural efforts of unbiassed men
to secure themselves against the first approaches of oppression,
must have a captivating power over every man of sensibility and
discernment amongst us.
Liberty it seems thrives best in the woods. America best cultivates
what Germany brought forth. And were it not for certain ugly
comparisons, hard to be suppressed, the pleasure arising from such a
research would be without alloy.
In the feuds of Florence recorded by Machiavel, we find more to
lament and less to praise. Scarce can we believe the first citizens
of the ancient republics had such pretensions to consideration,
though so highly celebrated in ancient story. As to ourselves, we
need no longer have recourse to the late glorious stand of the French
parliament to excite our emulation.
It is a known custom among farmers, to change their corn from season
to season, for the sake of filling the bushel: and in case the wisdom
of the age should condescend to make the like experiment in another
shape, from hence we may learn, whither to repair for the proper
species.
It is not however to be presumed, that such as have long been
accustomed to consider the colonies in general as only so many
dependencies on the council board, the board of trade, and the board
of customs; or, as a hot-bed for causes, jobs and other pecuniary
emoluments, and as formed as effectually by _instructions_ as by
_laws_, can be prevailed on to consider those patriot rustics with
any degree of respect.
But how contemptibly soever these gentlemen may talk of the colonies,
how cheap soever they may hold their assemblies, or how insignificant
the planters and traders who compose them, truth will be truth, and
principle, principle, notwithstanding.
Courage, wisdom, integrity, and honour are not to be measured by the
place assigned them to act in, but by the trials they undergo and
the vouchers they furnish: and if so manifested, need neither robes
or titles to set them off.
CONTENTS.
List of governors of Pensylvania, and dates of the several charters,
&c. of that province.
Abstract of the charter granted to William Penn.
Certain conditions or concessions of Mr. Penn to the first
adventurers in, and settlers of, Pensylvania.
Mr. Penn's first frame of government.
His reservation of quit rents.
His second frame of government.
The province of Pensylvania and the territory of the three lower
counties united by his management.
Remonstrance of a subsequent assembly against the said union.
Motives of the planters, assigned by the said assembly, for accepting
the second frame of government.
Mr. Penn's return to England, and appointment of commissioners to
administer the government.
Disorders which ensued during his absence.
Captain Blackwell's government.
The government assumed into the lands of the crown in 1693, and
administered by colonel Fletcher, governor of New York.
He declares the constitution of Mr. Penn's government, and that of
their majesties, to be directly opposite to each other.
He menaces the assembly with an annexion of their province to that of
New York.
Protestation against passing of bills, amended by the governor
and council, without the previous assent of the assembly to those
amendments, and of money-bills before grievances have been redressed.
Remonstrance to Mr. Penn concerning this period.
The governor admits the principles of the quakers, not to carry arms,
or levy money to make war; and solicits a supply to feed the hungry
and clothe the naked (Indians).
The assembly insist on their right to appropriate as well as to raise
money.
The government of William Markham, Esq.
A new act of settlement or frame of government.
The government resumed by Mr. Penn.
The province purged from the odium of favouring pirates, and carrying
on an illicit trade.
A new model of elections agreed to.
The assembly formed thereon dissolved.
Another assembly called upon another model, to meet at Newcastle
instead of Philadelphia.
Aids granted for the proprietary-governor, in exchange for a
conformation of property.
An aid of 350_l._ sterling to the crown on this account.
Mr. Penn's plausible speech to a new assembly.
Three of the requisitions they made to him, with his answers and
their replies.
A breach between the province and the territory.
The last charter of privileges, which, under the royal charter, is
_now_ the rule of government.
It is unanimously rejected by the freemen of the territory.
Mr. Penn's departure for England.
Andrew Hamilton, Esq. deputy-governor, in vain endeavours to unite
the territory with the province.
John Evans, Esq. succeeds Hamilton, and makes the like endeavour,
also in vain.
Controversy between him and the assembly concerning the bill to
confirm the charter.
Nine several heads of complaint entered in the minutes of the
assembly, as the ground of a representation to the proprietary; being
the representation several times before cited.
The remainder of that representation.
A copy of it demanded by the governor and refused by the assembly.
The latter make a merit of having forborne to make their
representation public.
The governor obtains an assembly to his wish, by undue practices.
Animosities between Lloyd, speaker of the assembly, and Logan,
secretary to the governor and council.
The governor censures the proprietary's charter of property.
The draughtman's defence of it.
The governor declares the proprietary's high resentment of the
assembly's representation.
The assembly's reply.
The governor refers to the charter of privileges as the only rule of
government.
The assembly complains of infractions made in it.
Their representation to the proprietary against the governor.
Logan impeached by the assembly.
An unanimous vote of thanks to the proprietary for recalling Evans.
General view of Gookin's government.
Assembly's character of themselves.
A proprietary-governor a wretched thing.
Artful conduct of governor Keith.
Mr. Penn's death.
The province left in the hands of trustees.
Logan, one of those trustees, obtains a majority in the council
against the governor.
Logan makes a voyage to England, and returns with private
instructions to Keith, which Keith communicates to the assembly.
The governor and assembly in concert pay no regard to the said
instructions.
A controversy in print, between the governor and Logan thereon.
A breach between the governor and speaker.
The province in a state of tranquillity for nine years under his
administration.
A pathetic reflection on the melancholy case of governors recalled.
Pensylvania easy to be governed, if well governed.
Private instructions from the proprietary in two several instances
declared void.
The proprietary of Pensylvania too inconsiderable here at home to be
a patron to the province, and too unsizeably great there.
The proprietaries the sole purchasers of Indian lands:--the people
at the sole expence of Indian affairs:--treaties and purchases
concomitant.
The quit-rents of Pensylvania, paid to the proprietary, first
demanded and granted to defray the charge of government.
Notwithstanding which the people now pay taxes for that purpose, and
the proprietaries insist on holding their estates tax-free.
Paper-money first issued in Pensylvania.
Precautions taken to secure it from depreciation.
Mr. Penn's trustees averse to the said issue, till a provision was
made, at the expence of the province, to render his heirs gainers by
it.
Room left in the constitution of the province for self defence by
force of arms, though the use of arms was not consistent with the
principles of quakers.
In consequence of complaints to parliament, of the mischiefs arising
from excessive issues of paper-money by the eastern governments (that
is to say those of New England) a general instruction was sent to
_all_ the governors of North America, not to give their assent to any
farther bills of that nature, without a suspending clause, till his
majesty's pleasure should be known.
The assembly grants money in aid of the expedition against Carthagena.
The governor inlists indented servants upon that occasion; and the
assembly apply the money they had given to indemnify the masters.
They give 3,000_l._ towards the public service, to be applied as his
majesty should direct.
Also another sum of 4,000_l._ to furnish necessaries to the troops in
Louisburgh.
And yet another sum of 5,000_l._ towards the intended expedition
against Canada in the year 1746, by an addition of the like sum to
their paper currency, and notwithstanding the above instruction, the
governor gave his assent to the bill for that purpose.
The proprietaries of Pensylvania oppose the bill brought into
parliament for restraining the northern colonies from issuing paper
bills of credit, and make a merit of it in the province.
The assembly call upon the proprietaries to contribute to the expence
of Indian affairs, which they decline.
The assembly's representation thereon.
A bill for increasing the provincial paper-currency in proportion to
the increase of the province, by an addition of 20,000_l._ thereto.
Rejected by the governor for being unseasonably timed.
And petitioned by the inhabitants.
A message from the governor (Hamilton) preparing the house to expect
incursions from the French among the Indians in alliance with them,
and requiring assistance on their behalf.
The answer of the proprietaries to the representation of the assembly
concerning the expence of Indian affairs.
The assembly's message sent to the governor, together with the
currency-bill he had before rejected.
Another message to him concerning Indian affairs, and notifying a
present of condolence to the Twigtwee tribe.
Governor's message, importing his assent to the currency-bill, with a
suspending clause.
Resolution of the assembly not to accept this clause, with their
reasons.
A note of regret, that some temperament had not been found out at
home, to prevent the controversy, which was now on the point of
breaking out.
Remonstrance of the assembly against the said clause.
The governor's message of adherence thereto.
The assembly's reply.
Their reply to the proprietary's answer to the representation on
Indian expences.
Unanimous resolution of the assembly concerning the necessity of a
remission of their paper-currency.
Lord Holdernesse's letter and other papers laid before them, together
with a written message from the governor thereon.
The assembly's answer, accompanied with their currency-bill.
The governor rejects it; but offers to pass a bill for striking a
farther sum on a proper fund for sinking the same in a few years.