_Fifthly_, By virtue of the said royal charter, the proprietaries are

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.

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