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_!
But these are qualities engrossed, it seems, by the _proprietary_
party. For they say, "the _wiser_ and _better_ part of the province
had far different notions of this measure: they considered, that
the moment they put their hands to these petitions they might be
surrendering up their birthright." I felicitate them on the _honour_
they have thus bestowed upon themselves; on the _sincere_ compliments
thus given and accepted; and on their having with such noble freedom
discarded the snivelling pretence to modesty, couched in that
threadbare form of words, "though we say it, that should not say
it." But is it not surprising, that, during the seven weeks recess
of the assembly, expressly to consult their constituents on the
expediency of this measure, and during the fourteen days the house
sat deliberating on it after they met again, these their wisdoms and
betternesses should never be so kind as to communicate the least
scrap of their prudence, their knowledge, or their consideration, to
their rash, ignorant, and inconsiderate representatives? Wisdom in
the mind is not like money in the purse, diminished by communication
to others: they might have lighted up our farthing candles for
us, without lessening the blaze of their own flambeaux. But they
suffered our representatives to go on in the dark till the fatal
deed was done; and the petition sent to the king, praying him to
take the government of this province into his immediate care:
whereby, if it succeeds, "our glorious plan of public liberty and
charter of privileges is to be bartered away," and we are to be made
slaves for ever! Cruel parsimony! to refuse the charity of a little
understanding, when God had given you so much, and the assembly
begged it as an alms! O that you had but for once remembered and
observed the counsel of that wise poet Pope, where he says,
Be niggards of advice on no pretence;
For the worst avarice is that of sense.
In the constitution of our government, and in that of one more,
there still remains a particular thing that none of the other
American governments have; to wit, the appointment of a governor by
the _proprietors_, instead of an appointment by the _crown_. This
particular in government has been found inconvenient; attended with
contentions and confusions wherever it existed; and has therefore
been gradually taken away from colony after colony, and every where
greatly to the satisfaction and happiness of the people. Our wise
first proprietor and founder was fully sensible of this; and being
desirous of leaving his people happy, and preventing the mischiefs
that he foresaw must in time arise from that circumstance if it
was continued, he determined to take it away, if possible, during
his own lifetime. They accordingly entered into a contract for
the sale of the proprietary right of government to the crown, and
actually received a sum in part of the consideration. As he found
himself likely to die before that contract (and with it, his plan
for the happiness of his people) could be completed, he carefully
made it a part of his last will and testament; devising the right
of the government to two noble lords, in trust, that they should
release it to the crown. Unfortunately for us, this has never yet
been done. And this is merely what the assembly now desire to have
done. Surely he that formed our constitution, must have understood
it. If he had imagined, that all our privileges depended on the
proprietary government; will any one suppose, that he would himself
have meditated the change; that he would have taken such effectual
measures, as he thought them, to bring it about speedily, whether he
should live or die? Will any of those, who now extol him so highly,
charge him at the same time with the baseness of endeavouring thus
to defraud his people of all the liberties and privileges he had
promised them, and by the most solemn charters and grants assured
to them, when he engaged them to assist him in the settlement of
his province? Surely none can be so inconsistent!--And yet this
proprietary right of governing or appointing a governor has all of a
sudden changed its nature; and the preservation of it become of so
much importance to the welfare of the province, that the assembly's
only petitioning to have their venerable founder's will executed,
and the contract he entered into for the good of his people
completed, is stiled, an "attempt to violate the constitution for
which our fathers planted a wilderness; to barter away our glorious
plan of public liberty and charter privileges; a risquing of the
whole constitution; an offering up of our whole charter rights; a
wanton sporting with things sacred, &c."
Pleasant surely it is to hear the proprietary partizans, of all men,
bawling for the constitution, and affecting a terrible concern for
our liberties and privileges. They, who have been these twenty years
cursing our constitution, declaring that it was no constitution, or
worse than none; and that things could never be well with us till
it was new modelled, and made exactly conformable to the British
constitution: they, who have treated our distinguishing privileges
as so many illegalities and absurdities; who have solemnly declared
in print, that though such privileges might be proper in the infancy
of a colony to encourage its settlement, they became unfit for it in
its grown state, and ought to be taken away: they, who by numberless
falshoods, propagated with infinite industry in the mother country,
attempted to procure an act of parliament for the actual depriving a
very great part of the people of their privileges: they too, who have
already deprived the whole people of some of their most important
rights, and are daily endeavouring to deprive them of the rest: are
these become patriots and advocates for our constitution? Wonderful
change! astonishing conversion! Will the wolves then protect the
sheep, if they can but persuade them to give up their dogs? Yes; the
assembly would destroy all their own rights, and those of the people;
and the proprietary partizans are become the champions for liberty!
Let those who have faith now make use of it: for if it is rightly
defined, the evidence of things not seen, certainly never was there
more occasion for such evidence, the case being totally destitute of
all other.
It has been long observed, that men are with that party, angels or
demons, just as they happen to concur with or oppose their measures.
And I mention it for the comfort of _old sinners_, that in politics,
as well as in religion, repentance and amendment, though late, shall
obtain forgiveness, and procure favour. Witness the late speaker,
Mr. Norris; a steady and constant opposer of all the proprietary
encroachments; and whom, for thirty years past, they have been
therefore continually abusing, allowing him no one virtue or good
quality whatsoever: but now, as he shewed some unwillingness to
engage in this present application to the crown, he is become all
at once the "faithful servant;"--but let me look at the text, to
avoid mistakes--and indeed I was mistaken--I thought it had been
"faithful servant of the public," but I find it is only "of the
house." Well chosen that expression, and prudently guarded. The
former, from a proprietary pen, would have been praise too much, only
for disapproving the _time_ of the application. Could _you_, much
respected [Mr. Norris], go but a little farther, and disapprove the
application itself? Could you but say, the proprietary government is
a good one, and ought to be continued; then might all your political
offences be done away, and your scarlet sins become as snow and wool;
then might you end your course with (proprietary) honour. P----
should preach your funeral sermon, and S----, the poisoner of other
characters, embalm your memory. But those honours you will never
receive; for with returning health and strength you will be found in
your old post, firm for your country.
There is encouragement too for _young sinners_. Mr. Dickenson, whose
speech our prefacer has introduced to the world, (though long hated
by some, and disregarded by the rest of the proprietary faction) is
at once, for the same reason as in Mr. Norris's case, become a sage
in the law, and an oracle in matters relating to our constitution. I
shall not endeavour to pluck so much as a leaf from these the young
gentleman's laurels. I would only advise him carefully to preserve
the panegyrics with which they have adorned him: in time they may
serve to console him, by balancing the calumny they shall load him
with, when he does not go through with them in all their measures:
he will not probably do the one, and they will then assuredly do the
other. There are mouths that can blow hot as well as cold, and blast
on your brows the bays their hands have placed there. "Experto crede
Roberto." Let but the moon of _proprietary_ favour withdraw its shine
for a moment, and that "great number of the _principal gentlemen_ of
Philadelphia," who applied to you for the copy of your speech, shall
immediately despise and desert you.
"Those principal gentlemen!" What a pity it is that their names were
not given us in the preface, together with their admirable letter!
We should then have known, where to run for advice on all occasions.
We should have known, who to choose for our future representatives:
for undoubtedly these were they that are elsewhere called "the
_wiser_ and _better_ part of the province." None but their wisdoms
could have known before-hand, that a speech which they never heard,
and a copy of which they had never seen, but were then requesting
to see, was "a spirited defence," and "of our charter privileges,"
and that "the publication of it would be of great utility, and give
general satisfaction." No inferior sagacity could discover, that the
appointment of a governor by the proprietor was one of our "charter
privileges," and that those who opposed the application for a royal
government were therefore patriot members, appearing on the side of
our privileges and our charter!
Utterly to _confound the assembly_, and show the excellence of
proprietary government, the prefacer has extracted from their own
votes, the _praises_ they have from time to time bestowed on the
_first_ proprietor, in their addresses to his sons. And though
addresses are not generally the best repositories of historical
truth, we must not in this instance deny their authority.
* * * * *
What then avails it to the honour of the present proprietors, that
our founder and their father gave us privileges, if they, the sons,
will not permit the use of them, or forcibly rend them from us? David
may have been a man after God's own heart, and Solomon the wisest
of proprietors and governors; but if Rehoboam will be a tyrant and
a ----, who can secure him the affections of the people? The virtue
and merit of his ancestors may be very great, but his presumption in
depending upon those alone may be much greater.
I lamented, a few pages ago, that we were not acquainted with the
names of those "principal gentlemen, the wiser and better part of
the province." I now rejoice that we are likely, some time or other,
to know them; for a copy of a _petition to the king_ is now before
me; which, from its similarity with their _letter_, must be of their
inditing, and will probably be recommended to the people, by their
leading up the signing.
On this petition I shall take the liberty of making a few _remarks_,
as they will save me the necessity of following farther the preface;
the sentiments of this and that being nearly the same.
It begins with a formal quotation from the [assembly's] petition,
which they own they have not seen, and of words that are not in it;
and after relating very imperfectly and unfairly the fact relating
to their application for a copy of it, which is of no importance,
proceeds to set forth, "that as we and all your American subjects
must be governed by persons authorised and approved by your Majesty,
on the best recommendation that can be obtained of them; we cannot
perceive our condition in this respect to be _different_ from our
fellow-subjects around us, or that we are thereby less under your
majesty's particular care and protection than they are; since there
can be no _governors_ of this province without your majesty's
_immediate approbation_ and authority." Such a declaration from the
wiser part of the province is really a little surprising. What! when
disputes concerning matters of property are daily arising between
you and your proprietaries, cannot your wisdoms perceive the least
difference between having the judges of those disputes appointed by
a _royal_ governor, who has no interest in the cause, and having
them appointed by the _proprietaries_ themselves, the principal
parties against you; and _during their pleasure_ too? When supplies
are necessary to be raised for your defence, can you perceive no
difference between having a royal governor, free to promote his
majesty's service by a ready assent to your laws; and a proprietary
governor, shackled by instructions, forbidding him to give that
assent, unless some private advantage is obtained, some profit got,
or unequal exemption gained for their estate, or some privilege
wrested from you? When prerogative, that in other governments is only
used for the good of the people, is here strained to the extreme,
and used to their prejudice, and the proprietaries benefit, can you
perceive no difference? When the direct and immediate rays of majesty
benignly and mildly shine on all _around_ us, but are transmitted and
thrown upon _us_ through the burning-glass of proprietary government,
can your sensibilities feel no difference? Sheltered perhaps in
proprietary offices, or benumbed with expectations, it may be you
cannot. But surely you might have known better than to tell his
majesty, "that there can be no governors of this province, without
his immediate approbation." Don't you know, who know so much, that by
our blessed constitution the _proprietors_ themselves, whenever they
please, may govern us in _person_, without such approbation?
The petition proceeds to tell his majesty, "that the particular mode
of government which we enjoy, under your majesty, is held in the
_highest estimation_ by good men of all denominations among us; and
hath _brought multitudes_ of industrious people from various parts of
the world," &c. Really! Can this be from proprietary partizans? That
constitution, which they were for ever censuring as defective in a
legislative council, defective in government powers, too popular in
many of its modes, is it now become so excellent? Perhaps, as they
have been tinkering it these twenty years, till they have stripped
it of some of its most valuable privileges, and almost spoiled it,
they now begin to like it. But then it is not surely this _present_
constitution, that brought hither those multitudes. They came
before. At least it was not that particular in our constitution (the
proprietary power of appointing a governor) which attracted them,
that single particular, which alone is now in question, which our
venerable founder first, and now the assembly, are endeavouring to
change. As to the remaining valuable part of our constitution, the
assembly have been equally full and strong in expressing their regard
for it, and perhaps stronger and fuller; for _their_ petition, in
that respect, is in the nature of a petition of right: it lays claim,
though modestly and humbly, to those privileges on the foundation
of royal grants, on laws confirmed by the crown, and on justice and
equity, as the grants were the consideration offered to induce them
to settle, and which they have in a manner purchased and paid for, by
executing that settlement without putting the crown to any expence.
Whoever would know what our constitution was, when it was so much
admired, let him peruse that elegant farewell speech of Mr. Hamilton,
father of our late governor, when, as speaker, he took his leave of
the house, and of public business, in 1739; and then let him compare
that constitution with the present. The power of _appointing public
officers_ by the representatives of the people, which he so much
extols, where is it now? Even the bare naming to the governor in a
bill, a trivial officer to receive a light-house duty (which could
be considered as no more than a mere recommendation) is, in a late
message, styled, "an encroachment on the prerogative of the crown!"
The sole power of _raising and disposing of public money_, which he
says was then lodged in the assembly, that inestimable privilege,
what is become of it? Inch by inch they have been wrested from us
in times of public distress; and the rest are going the same way.
I remember to have seen, when governor Hamilton was engaged in a
dispute with the assembly on some of those points, a copy of that
speech, which then was intended to be reprinted, with a dedication to
that honourable gentleman, and this motto from John Rogers's verses
in the Primer:
We send you here a little book,
For you to look upon;
That you may see your father's face,
Now he is dead and gone.
Many a such little book has been sent by our assemblies to the
present proprietaries: but they do not like to see their father's
face; it puts their own out of countenance.
The petition proceeds to say, "that such disagreements as have arisen
in this province, we have beheld with sorrow; but as others around
us are not exempted from the _like misfortunes_, we can by no means
conceive them incident to the nature of our government, which hath
_often_ been administered with remarkable harmony: and your majesty,
before whom our late disputes have been laid, can be at no loss, in
your great wisdom, to discover, whether they proceed from the above
cause, or should be ascribed to some others." The disagreements in
question are proprietary disagreements in government, relating to
proprietary private interests. And are not the _royal_ governments
around us exempt from _these_ misfortunes? Can you really, gentlemen,
by no means conceive, that proprietary government disagreements are
incident to the nature of proprietary governments? If your wisdoms
are so hard to conceive, I am afraid they will never bring forth. But
then our government "hath _often_ been administered with remarkable
harmony." Very true; as often as the assembly have been able and
willing to purchase that harmony, and pay for it, the mode of which
has already been shown. And yet that word _often_ seems a little
unluckily chosen: the flame that is often put out, must be as often
lit. If our government hath often been administered with remarkable
harmony, it hath as often been administered with remarkable discord:
one often is as numerous as the other. And his majesty, if he
should take the trouble of looking over our disputes (to which the
petitioners, to save themselves a little pains, modestly and decently
refer him) where will he, for twenty years past, find any but
_proprietary_ disputes concerning proprietary interests; or disputes
that have been connected with and arose from them?