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_.

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