PAPERS ON AMERICAN SUBJECTS BEFORE THE REVOLUTIONARY TROUBLES. (continued 3)

But what is the prudent policy, inculcated by the remarker to obtain this end, security of dominion over our colonies? It is, to leave the French in Canada, to "check" their growth; for otherwise, our people may "increase infinitely from all causes[48]." We have already seen in what manner the French and their Indians check the growth of our colonies. It is a modest word, this check, for massacring men, women, and children. The writer would, if he could, hide from himself as well as from the public, the horror arising from such a proposal, by couching it in general terms: it is no wonder he thought it a "subject not fit for discussion" in his letter; though he recommends it as "a point that should be the constant object of the minister's attention!" But if Canada is restored on this principle, will not Britain be guilty of all the blood to be shed, all the murders to be committed, in order to check this dreaded growth of our own people? Will not this be telling the French in plain terms, that the horrid barbarities they perpetrate with their Indians on our colonists are agreeable to us; and that they need not apprehend the resentment of a government, with whose views they so happily concur? Will not the colonies view it in this light? Will they have reason to consider themselves any longer as subjects and children, when they find their cruel enemies hallooed upon them by the country from whence they sprung; the government that owes them protection, as it requires their obedience? Is not this the most likely means of driving them into the arms of the French, who can invite them by an offer of that security, their own government chuses not to afford them? I would not be thought to insinuate, that the remarker wants humanity. I know how little many good-natured persons are affected by the distresses of people at a distance, and whom they do not know. There are even those, who, being present, can sympathize sincerely with the grief of a lady on the sudden death of a favourite bird; and yet can read of the sinking of a city in Syria with very little concern. If it be, after all, thought necessary to check the growth of our colonies, give me leave to propose a method less cruel. It is a method of which we have an example in scripture. The murder of husbands, of wives, of brothers, sisters and children, whose pleasing society has been for some time enjoyed, affects deeply the respective surviving relations; but grief for the death of a child just born is short, and easily supported. The method I mean is that which was dictated by the Egyptian policy, when the "infinite increase" of the children of Israel was apprehended as dangerous to the state[49]. Let an act of parliament then be made, enjoining the colony midwives to stifle in the birth every third or fourth child. By this means you may keep the colonies to their present size. And if they were under the hard alternative of submitting to one or the other of these schemes for checking their growth, I dare answer for them, they would prefer the latter.

But all this debate about the propriety or impropriety of keeping or restoring Canada is possibly too early. We have taken the capital indeed, but the country is yet far from being in our possession; and perhaps never will be: for if our m——rs are persuaded by such counsellors as the remarker, that the French there are "not the worst of neighbours," and that if we had conquered Canada, we ought, for our own sakes, to restore it, as a check to the growth of our colonies; I am then afraid we shall never take it. For there are many ways of avoiding the completion of the conquest, that will be less exceptionable and less odious than the giving it up.

[7. Canada easily peopled, without draining Great Britain of any of its inhabitants.]

The objection I have often heard, that if we had Canada we could not people it, without draining Britain of its inhabitants, is founded on ignorance of the nature of population in new countries. When we first began to colonize in America, it was necessary to send people, and to send seed-corn; but it is not now necessary that we should furnish, for a new colony, either one or the other. The annual increment alone of our present colonies, without diminishing their numbers, or requiring a man from hence, is sufficient in ten years to fill Canada with double the number of English that it now has of French inhabitants[50]. Those who are protestants among the French will probably choose to remain under the English government; many will choose to remove, if they can be allowed to sell their lands, improvements, and effects: the rest in that thin-settled country will in less than half a century, from the crowds of English settling round and among them, be blended and incorporated with our people both in language and manners.

[8. The merits of Guadaloupe to Great Britain over-valued; yet likely to be paid much dearer for, than Canada.]

In Guadaloupe the case is somewhat different; and though I am far from thinking[51] we have sugar-land enough [52], I cannot think Guadaloupe is so desirable an increase of it, as other objects the enemy would probably be infinitely more ready to part with. A country, fully inhabited by any nation, is no proper possession for another of different languages, manners, and religion. It is hardly ever tenable at less expence than it is worth. But the isle of Cayenne, and its appendix, Equinoctial-France, having but very few inhabitants, and these therefore easily removed, would indeed be an acquisition every way suitable to our situation and desires. This would hold all that migrate from Barbadoes, the Leeward Islands, or Jamaica. It would certainly recal into an English government (in which there would be room for millions) all who have before settled or purchased in Martinico, Guadaloupe, Santa-Cruz, or St. John's; except such as know not the value of an English government, and such I am sure are not worth recalling.

But should we keep Guadaloupe, we are told it would enable us to export 300,000l. in sugars. Admit it to be true, though perhaps the amazing increase of English consumption might stop most of it here,—to whose profit is this to redound? To the profit of the French inhabitants of the island: except a small part, that should fall to the share of the English purchasers, but whose whole purchase-money must first be added to the wealth and circulation of France. I grant, however, much of this 300,000l. would be expended in British manufactures. Perhaps too, a few of the land-owners of Guadaloupe might dwell and spend their fortunes in Britain (though probably much fewer than of the inhabitants of North America.) I admit the advantage arising to us from these circumstances (as far as they go) in the case of Guadaloupe, as well as in that of our other West-India settlements. Yet even this consumption is little better than that of an allied nation would be, who should take our manufactures and supply us with sugar, and put us to no great expence in defending the place of growth. But though our own colonies expend among us almost the whole produce of our sugar[53], can we, or ought we to promise ourselves this will be the case of Guadaloupe? One 100,000l. will supply them with British manufactures; and supposing we can effectually prevent the introduction of those of France (which is morally impossible in a country used to them) the other 200,000l. will still be spent in France, in the education of their children and support of themselves; or else be laid up there, where they will always think their home to be.

Besides this consumption of British manufactures, much is said of the benefit we shall have from the situation of Guadaloupe; and we are told of a trade to the Caraccas and Spanish Main. In what respect Guadaloupe is better situated for this trade than Jamaica, or even any of our other islands, I am at a loss to guess. I believe it to be not so well situated for that of the windward coast, as Tobago and St. Lucia; which in this, as well as other respects, would be more valuable possessions, and which, I doubt not, the peace will secure to us. Nor is it nearly so well situated for that of the rest of the Spanish Main as Jamaica. As to the greater safety of our trade by the possession of Guadaloupe, experience has convinced us, that in reducing a single island, or even more, we stop the privateering business but little. Privateers still subsist, in equal if not greater numbers, and carry the vessels into Martinico, which before it was more convenient to carry into Guadaloupe. Had we all the Caribbees, it is true, they would in those parts be without shelter.

Yet, upon the whole, I suppose it to be a doubtful point, and well worth consideration, whether our obtaining possession of all the Caribbees would be more than a temporary benefit; as it would necessarily soon fill the French part of Hispaniola with French inhabitants, and thereby render it five times more valuable in time of peace, and little less than impregnable in time of war, and would probably end in a few years in the uniting the whole of that great and fertile island under a French government. It is agreed on all hands, that our conquest of St. Christopher's, and driving the French from thence, first furnished Hispaniola with skilful and substantial planters, and was consequently the first occasion of its present opulence. On the other hand, I will hazard an opinion, that valuable as the French possessions in the West Indies are, and undeniable the advantages they derive from them, there is somewhat to be weighed in the opposite scale. They cannot at present make war with England, without exposing those advantages, while divided among the numerous islands they now have, much more than they would, were they possessed of St. Domingo only; their own share of which would, if well cultivated, grow more sugar, than is now grown in all their West-India islands.

I have before said, I do not deny the utility of the conquest, or even of our future possession of Guadaloupe, if not bought too dear. The trade of the West Indies is one of our most valuable trades. Our possessions there deserve our greatest care and attention. So do those of North America. I shall not enter into the invidious task of comparing their due estimation. It would be a very long, and a very disagreeable one, to run through every thing material on this head. It is enough to our present point, if I have shown, that the value of North America is capable of an immense increase, by an acquisition and measures, that must necessarily have an effect the direct contrary of what we have been industriously taught to fear; and that Guadaloupe is, in point of advantage, but a very small addition to our West-India possessions; rendered many ways less valuable to us, than it is to the French, who will probably set more value upon it, than upon a country [Canada] that is much more valuable to us than to them.

There is a great deal more to be said on all the parts of these subjects; but as it would carry me into a detail, that I fear would tire the patience of my readers, and which I am not without apprehensions I have done already, I shall reserve what remains till I dare venture again on the indulgence of the public[54].

FOOTNOTES:

Remarks and Facts relative to the American Paper-money.[55]

In the Report of the Board of Trade, dated Feb. 9, 1764, the following reasons are given for restraining the emission of paper-bills of credit in America, as a legal tender.

1. "That it carries the gold and silver out of the province, and so ruins the country; as experience has shewn, in every colony where it has been practised in any great degree.

2. "That the merchants trading to America have suffered and lost by it.

3. "That the restriction [of it] has had a beneficial effect in New England.

4. "That every medium of trade should have an intrinsic value, which paper-money has not. Gold and silver are therefore the fittest for this medium, as they are an equivalent; which paper never can be.

5. "That debtors in the assemblies make paper-money with fraudulent views.

6. "That in the middle colonies, where the credit of the paper-money has been best supported, the bills have never kept to their nominal value in circulation; but have constantly depreciated to a certain degree, whenever the quantity has been increased."

To consider these reasons in their order; the first is,

1. "That paper-money carries the gold and silver out of the province, and so ruins the country; as experience has shewn, in every colony where it has been practised in any great degree."—This opinion, of its ruining the country, seems to be merely speculative, or not otherwise founded than upon misinformation in the matter of fact. The truth is, that the balance of their trade with Britain being greatly against them, the gold and silver are drawn out to pay that balance; and then the necessity of some medium of trade has induced the making of paper-money, which could not be carried away. Thus, if carrying out all the gold and silver ruins a country, every colony was ruined before it made paper-money.—But, far from being ruined by it, the colonies that have made use of paper-money have been, and are all, in a thriving condition. The debt indeed to Britain has increased, because their numbers, and of course their trade, have increased; for all trade having always a proportion of debt outstanding, which is paid in its turn, while fresh debt is contracted, the proportion of debt naturally increases as the trade increases; but the improvement and increase of estates in the colonies have been in a greater proportion than their debt. New England, particularly in 1696 (about the time they began the use of paper-money) had in all its four provinces but 180 churches or congregations; in 1760 they were 530. The number of farms and buildings there is increased in proportion to the numbers of people; and the goods exported to them from England in 1750, before the restraint took place, were near five times as much as before they had paper-money. Pensylvania, before it made any paper-money, was totally stript of its gold and silver; though they had from time to time, like the neighbouring colonies, agreed to take gold and silver coins at higher nominal values, in hopes of drawing money into, and retaining it, for the internal uses of the province. During that weak practice, silver got up by degrees to 8s. 9d. per ounce, and English crowns were called six, seven, and eight-shilling pieces, long before paper-money was made. But this practice of increasing the denomination was found not to answer the end. The balance of trade carried out the gold and silver as fast as they were brought in; the merchants raising the price of their goods in proportion to the increased denomination of the money. The difficulties for want of cash were accordingly very great, the chief part of the trade being carried on by the extremely inconvenient method of barter; when in 1723 paper-money was first made there; which gave new life to business, promoted greatly the settlement of new lands (by lending small sums to beginners on easy interest, to be repaid by instalments) whereby the province has so greatly increased in inhabitants, that the export from hence thither is now more than tenfold what it then was; and by their trade with foreign colonies, they have been able to obtain great quantities of gold and silver to remit hither in return for the manufactures of this country. New York and New Jersey have also increased greatly during the same period, with the use of paper-money; so that it does not appear to be of the ruinous nature ascribed to it. And if the inhabitants of those countries are glad to have the use of paper among themselves, that they may thereby be enabled to spare, for remittances hither, the gold and silver they obtain by their commerce with foreigners; one would expect, that no objection against their parting with it could arise here, in the country that receives it.

The 2d reason is, "That the merchants trading to America have suffered and lost by the paper-money."—This may have been the case in particular instances, at particular times and places: as in South Carolina, about 58 years since; when the colony was thought in danger of being destroyed by the Indians and Spaniards; and the British merchants, in fear of losing their whole effects there, called precipitately for remittances; and the inhabitants, to get something lodged in safe countries, gave any price in paper-money for bills of exchange; whereby the paper, as compared with bills, or with produce, or other effects fit for exportation, was suddenly and greatly depreciated. The unsettled state of government for a long time in that province had also its share in depreciating its bills. But since that danger blew over, and the colony has been in the hands of the crown; their currency became fixed, and has so remained to this day. Also in New England, when much greater quantities were issued than were necessary for a medium of trade, to defray the expedition against Louisbourg; and, during the last war in Virginia and North Carolina, when great sums were issued to pay the colony troops, and the war made tobacco a poorer remittance, from the higher price of freight and insurance: in these cases, the merchants trading to those colonies may sometimes have suffered by the sudden and unforeseen rise of exchange. By slow and gradual rises, they seldom suffer; the goods being sold at proportionable prices. But war is a common calamity in all countries, and the merchants that deal with them cannot expect to avoid a share of the losses it sometimes occasions, by affecting public credit. It is hoped, however, that the profits of their subsequent commerce with those colonies may have made them some reparation. And the merchants trading to the middle colonies (New York, New Jersey, and Pensylvania) have never suffered by any rise of exchange; it having ever been a constant rule there, to consider British debts as payable in Britain, and not to be discharged but by as much paper (whatever might be the rate of exchange) as would purchase a bill for the full sterling sum. On the contrary, the merchants have been great gainers by the use of paper-money in those colonies; as it enabled them to send much greater quantities of goods, and the purchasers to pay more punctually for them. And the people there make no complaint of any injury done them by paper-money, with a legal tender; they are sensible of its benefits; and petition to have it so allowed.

The 3d reason is, "That the restriction has had a beneficial effect in New England." Particular circumstances in the New England colonies made paper-money less necessary and less convenient to them. They have great and valuable fisheries of whale and cod, by which large remittances can be made. They are four distinct governments; but having much mutual intercourse of dealings, the money of each used to pass current in all: but the whole of this common currency not being under one common direction, was not so easily kept within due bounds; the prudent reserve of one colony in its emissions being rendered useless by excess in another. The Massachusets, therefore, were not dissatisfied with the restraint, as it restrained their neighbours as well as themselves; and perhaps they do not desire to have the act repealed. They have not yet felt much inconvenience from it; as they were enabled to abolish their paper-currency, by a large sum in silver from Britain to reimburse their expences in taking Louisbourg, which, with the gold brought from Portugal, by means of their fish, kept them supplied with a currency; till the late war furnished them and all America with bills of exchange; so that little cash was needed for remittance. Their fisheries too furnish them with remittance through Spain and Portugal to England; which enables them the more easily to retain gold and silver in their country. The middle colonies have not this advantage; nor have they tobacco; which in Virginia and Maryland answers the same purpose. When colonies are so different in their circumstances, a regulation, that is not inconvenient to one or a few, may be very much so to the rest. But the pay is now become so indifferent in New England, at least in some of its provinces, through the want of currency, that the trade thither is at present under great discouragement.

The 4th reason is, "That every medium of trade should have an intrinsic value; which paper-money has not. Gold and silver are therefore the fittest for this medium, as they are an equivalent; which paper never can be." However fit a particular thing may be for a particular purpose; wherever that thing is not to be had, or not to be had in sufficient quantity; it becomes necessary to use something else, the fittest that can be got, in lieu of it. Gold and silver are not the produce of North America, which has no mines; and that which is brought thither cannot be kept there in sufficient quantity for a currency. Britain, an independent great state, when its inhabitants grow too fond of the expensive luxuries of foreign countries, that draw away its money, can, and frequently does, make laws to discourage or prohibit such importations; and by that means can retain its cash. The colonies are dependent governments; and their people having naturally great respect for the sovereign country, and being thence immoderately fond of its modes, manufactures, and superfluities, cannot be restrained from purchasing them by any province law; because such law, if made, would immediately be repealed here, as prejudicial to the trade and interest of Britain. It seems hard therefore, to draw all, their real money from them, and then refuse them the poor privilege of using paper instead of it. Bank bills and bankers notes are daily used here as a medium of trade, and in large dealings perhaps the greater part is transacted by their means; and yet they have no intrinsic value, but rest on the credit of those that issue them; as paper-bills in the colonies do on the credit of the respective governments there. Their being payable in cash upon sight by the drawer is indeed a circumstance that cannot attend the colony bills; for the reasons just above-mentioned; their cash being drawn from them by the British trade; but the legal tender being substituted in its place is rather a greater advantage to the possessor; since he need not be at the trouble of going to a particular bank or banker to demand the money, finding (wherever he has occasion to lay out money in the province) a person that is obliged to take the bills. So that even out of the province, the knowledge, that every man within that province is obliged to take its money, gives the bills a credit among its neighbours, nearly equal to what they have at home.

And were it not for the laws here, that restrain or prohibit as much as possible all losing trades, the cash of this country would soon be exported: every merchant, who had occasion to remit it, would run to the bank with all its bills, that came into his hands, and take out his part of its treasure for that purpose; so that in a short time, it would be no more able to pay bills in money upon sight, than it is now in the power of a colony treasury so to do. And if government afterwards should have occasion for the credit of the bank, it must of necessity make its bills a legal tender; funding them however on taxes by which they may in time be paid off; as has been the general practice in the colonies.—At this very time, even the silver-money in England is obliged to the legal tender for part of its value; that part which is the difference between its real weight and its denomination. Great part of the shillings and sixpences now current are, by wearing, become five, ten, twenty, and some of the sixpences even fifty per cent. too light. For this difference between the real and the nominal, you have no intrinsic value; you have not so much as paper, you have nothing. It is the legal tender, with the knowledge that it can easily be repassed for the same value, that makes three-pennyworth of silver pass for sixpence. Gold and silver have undoubtedly some properties that give them a fitness above paper, as a medium of exchange; particularly their universal estimation; especially in cases where a country has occasion to carry its money abroad, either as a stock to trade with, or to purchase allies and foreign succours. Otherwise, that very universal estimation is an inconvenience, which paper-money is free from; since it tends to deprive a country of even the quantity of currency that should be retained as a necessary instrument of its internal commerce, and obliges it to be continually on its guard in making and executing, at a great expence, the laws that are to prevent the trade which exports it. Paper-money well funded has another great advantage over gold and silver; its lightness of carriage, and the little room that is occupied by a great sum; whereby it is capable of being more easily, and more safely, because more privately, conveyed from place to place. Gold and silver are not intrinsically of equal value with iron, a metal in itself capable of many more beneficial uses to mankind. Their value rests chiefly in the estimation they happen to be in among the generality of nations, and the credit given to the opinion, that that estimation will continue. Otherwise a pound of gold would not be a real equivalent for even a bushel of wheat. Any other well-founded credit, is as much an equivalent as gold and silver; and in some cases more so, or it would not be preferred by commercial people in different countries. Not to mention again our own bank bills; Holland, which understands the value of cash as well as any people in the world, would never part with gold and silver for credit (as they do when they put it into their bank, from whence little of it is ever afterwards drawn out) if they did not think and find the credit a full equivalent.

The 5th reason is, "That debtors in the assemblies make paper-money with fraudulent views." This is often said by the adversaries of paper-money, and if it has been the case in any particular colony, that colony should, on proof of the fact, be duly punished. This, however, would be no reason for punishing other colonies, who have not so abused their legislative powers. To deprive all the colonies of the convenience of paper-money, because it has been charged on some of them, that they have made it an instrument of fraud, is as if all the India, Bank, and other stocks and trading companies were to be abolished, because there have been, once in an age, Mississippi and South-Sea schemes and bubbles.

The 6th and last reason is, "That in the middle colonies, where the paper-money has been best supported, the bills have never kept to their nominal value in circulation; but have constantly depreciated to a certain degree, whenever the quantity has been increased." If the rising of the value of any particular commodity wanted for exportation, is to be considered as a depreciation of the values of whatever remains in the country; then the rising of silver above paper to that height of additional value, which its capability of exportation only gave it, may be called a depreciation of the paper. Even here, as bullion has been wanted or not wanted for exportation, its price has varied from 5s. 2d. to 5s. 8d. per ounce. This is near 10 per cent. But was it ever said or thought on such an occasion, that all the bank bills, and all the coined silver, and all the gold in the kingdom, were depreciated 10 per cent? Coined silver is now wanted here for change, and 1 per cent is given for it by some bankers: are gold and bank notes therefore depreciated 1 per cent.? The fact in the middle colonies is really this: on the emission of the first paper-money, a difference soon arose between that and silver; the latter having a property the former had not, a property always in demand in the colonies; to wit, its being fit for a remittance. This property having soon found its value, by the merchants bidding on one another for it, and a dollar thereby coming to be rated at 8s. in paper-money of New York, and 7s. 6d. in paper of Pensylvania, it has continued uniformly at those rates in both provinces now near forty years, without any variation upon new emissions; though, in Pensylvania, the paper-currency has at times increased from 15,000l. the first sum, to 600,000l. or near it. Nor has any alteration been occasioned by the paper-money, in the price of the necessaries of life, when compared with silver: they have been for the greatest part of the time no higher than before it was emitted; varying only by plenty and scarcity, or by a less or greater foreign demand. It has indeed been usual with the adversaries of a paper-currency, to call every rise of exchange with London, a depreciation of the paper: but this notion appears to be by no means just: for if the paper purchases every thing but bills of exchange, at the former rate, and these bills are not above one-tenth of what is employed in purchases; then it may be more properly and truly said, that the exchange has risen, than that the paper has depreciated. And as a proof of this, it is a certain fact, that whenever in those colonies bills of exchange have been dearer, the purchaser has been constantly obliged to give more in silver, as well as in paper, for them; the silver having gone hand in hand with the paper at the rate above-mentioned; and therefore it might as well have been said, that the silver was depreciated.

There have been several different schemes for furnishing the colonies with paper-money, that should not be a legal tender, viz.

1. To form a bank, in imitation of the bank of England, with a sufficient stock of cash to pay the bills on sight.

This has been often proposed, but appears impracticable, under the present circumstances of the colony-trade; which, as is said above, draws all the cash to Britain, and would soon strip the bank.

2. To raise a fund by some yearly tax, securely lodged in the bank of England as it arises, which should (during the term of years for which the paper-bills are to be current) accumulate to a sum sufficient to discharge them all at their original value.

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

3. To make the bills carry an interest sufficient to support their value.

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

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

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

FOOTNOTES:

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

Philadelphia, Sept. 28, 1764.

Gentlemen,

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

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

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

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

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

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

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

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

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

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

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

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

VERITAS.

FOOTNOTES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thomas Leech,George Ashbridge,

Joseph Fox,Emanuel Carpenter,

Samuel Rhoads,John Blackburn,

Abraham Chapman,William Allen."

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

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

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

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

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

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

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,

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.